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Backup Documents 04/14/1998 R
REGULAR BCC HEETING OF APRIL 14s 1998 April 14, 1998 COLLIERCOUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, April 14. 1998 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER Win! ~ COUNTY ADMINISTRATOR PRIOR TO ~ PRESENTATION OF ~ AGENDA ITF24 TO BE ADDRESSED. o o REQUESTS TO ADDRESS THE BOARD ON SUBJECTS W7{I~! ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPI~NATION TO ~ COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF ~ MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" ANY PERSON WHO DECIDES TO APPEAL A DECISION OF qTiIS BOARD WILI, NEED A RECORD OF T}fE PROCEEDINGS PERTAINING T}~, AND 77{EREFORE MAY NR.~ TO ENSURE THAT A ~'ERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTP~ED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNI,ESS PERMISSION FORADDITIONAL TIME IS GRANTED BY ~ ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN T}IE COUNTY COMMISSIONERS' OFFICE. LUNG{ RECESS SCT~RnULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION - Rabbi James H. Perman0 Temple Shalom PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted with changes 5/0 APPROVAL OF MINUTES March 24, 1998 Regular meeting. Approved as presented 5/0 PROCfJ%MATIONS AND SERVICE AWARDS A) PROCLAMATIONS 1) Proclamation proclaiming the Week of April 20-24, 1998 as Holocaust Remembrance Week. To be accepted by William Doughty, Director of Information Publication Service & University Page 1 April 14, 1998 Relations & Development for Florida Gulf Coast University. Adopted 5/0 B) SERVICE AWARDS Presented 1) John Boldt - Stormwater Management - 15 years. 2) Robert Lord - Planning Services - 10 years. 3) Nancy Olson - Museum - 10 years. C) PRESENTATIONS 1) Recommendation to recognize Rodney Michaels, Utility Tech II, Utilities Department, Public Works Division as Employee of the Month for April 1998. Recognized 6. APPROVAL OF CLERK'S REPORT A) ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A) COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Community Development and Environmental Services Division report regarding density reduction, transfer of development rights and clustering criteria. Motion on this item is incorporated in item 18A2 2) Community Development and Environmental Services Division report on the re-evaluation of the urban area buildout population and long range transportation needs. Staff to explore, investigate and return with the following criteria: 1. Reduction of Urban Density. 2. Reduction of agriculture density in certain locations.. 3. Reduction of density band around activity centers. 4. Reduction of density from 16 units to 12 units anywhere in Collier County. 5. Promotion of neighborhood design criteria that would allow property in urban area to maintain 4 units per acre. 6. Adoption of TDR receiving zone for areas to include urban area and i~a~aokalee and up to one mile from the urban area of Immokalee. 7. Support of clustering criteria represented. Page 2 April 14, 1998 Se Staff directed to work with County Attorney to adopt a methodology to deal with existing units through sunsetting or reduction. 5/O B) PUBLIC WORKS Continued to 5/12/98 1) Report to the Board on the results of the Countywide Interconnected Traffic Signal System Study. Continued to 5/12/98 C) PUBLIC SERVICES D) SUPPORT SERVICES E ) COUNTY ADMINISTRATOR F ) AIRPORT AUTHORITY 9. COUNTY A~PORNEY'S REPORT A) Direction to staff concerning Tourism Agreement between Collier County and Marco Island Film Festival, Inc. regarding 1998 Marco Island Film Festival and discussion of procurement policy. No action at this t{me in anticiDation of Commissioner Constantine's proposal to be brought before the BCC in 5 or 6 weeks - 5/0 10. BOARD OF COUNTY COMMISSIONEI{~ A) Collier County Government Productivity Sub-Committee on Sheriff's Office Overtime Report recommendations resulting from the FY 1997-98 Budget Hearings Report Presented 11. OTHER ITEMS A) OTHER CONSTITUTIONAL OFFIC~ B) PUBLIC COMMENT ON GENERAL TOPIC~ PUBLIC HEARINGS WILL BE }{FJt~D I19~IAT~Ly FO~J~WIlgG STAFF ITE~?. 12. ADVERTISED PUBLIC HEARINGS - BCC A ) COMPREHENSIVE PLAN 1) Public Hearing to consider adoption of an ordinance approving Petition CP-97-02, Jim Colosimo, Trustee, requesting to amend the Golden Gate Area Master Plan by adding a new district to be Page 3 April 14, 1998 B) kno'~ as the Pine Ridge Road Mixed Use District, by increas~.ng the maximum area allowed for conditional uses adjacent to said District, and by amending the Golden Gate Area Master Plan Future Land Use Map for property located west of Naples Gateway PUD on the north side of Pine Ridge Road. Ord. 98-26 Adopted w/change - 5/0 ZONING~R 1) 2) CONTINUED TO APRIL 28, 1998 Petition No. PUD-91-2(1) William R. Vines, of Vines & Associates, Inc., representing Robert S. Hardy, requesting a rezone from PUD to PUD having the effect of amending the Northbrooke Plaza PUD to increase the amount of gross floor area devoted to retail/service/offices; revising the number of development tracts from three to two; making other changes to the PUD to reflect changes that have occurred since the PUD was first approved and to update references to those in effect, and to amend the Master Plan for property located in the northwest quadrant of 1-75 and Naples-Immokalee Road (C.R. 846), in Section 19, Township 48 South, Range 26 East, containing 43 acres, more or less. Petition No. PUD-92-5(2), Mark W. Minor of Q. Grady Minor & Associates, P.A., representing Community Development Corporation of Sterling Oaks, requesting an amendment to the Sterling Oaks PUD, Ordinance No. 92-79, as amended for the purpose of clarifying development standards establishing setbacks, and space between buildings for property located within the Sterling Oaks PUD which is located south of the Lee County line between U.S. 41 and 01d 41, in Sections 9 & 10, Township 48 South, Range 25 East, Collier County, Florida, containin~ 247.89 acres. Ord. 98-27 Adopted - 5/0 Continued Indefinitely 3) CONTINLrED FROM MARCH 24, 1998 Petition R-98-1, Community Development & Environmental Services Division, representing the Collier County Board of County Commissioners, requesting a rezone from "PUD" Planned Unit Development to "A" Rural Agricultural for the Neapolitan Park PUD located in the northeast corner of the intersection of Davis Boulevard and Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, consisting of 20 acres, more or less. Continued Indefinitely 4) CONTINUED INDEFINITELY Petition PUD-97-17, Bruce J. Siciliano, AICP, of Agnoli, Barber & Brundage, Inc., and Dudley Goodlette of Goodlette, Coleman & Johnson, P.A., representing Amerada Hess Corporation and Garrett F. X. Beyrent and Teryl Brezski, requesting a rezone from "E" Estates to PUD to be known as Pine Ridge Corners PUD for property located on the north side of Page 4 April 14, 1998 5) Added 6) Pine Ridge Road and west of 1-75, further described as Tract 77, Golden Gate Estates, Unit 35, Sec. 7, T49S, R26E. CONTINUED TO MEETING OF 4/28/9R Petition No. PUD-96-12, J. Gary Butler, P.E. representing Royce O. Stalling, Jr., Requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development for a multi-family development for property located east and adjacent to Santa Barbara Boulevard, one-half mile north of Davis Boulevard (SR-84) in the south ¼ of Section 4, Township 50 South, and Range 26 East, Collier County, Florida, consisting of approximately 39.82 acres. Petition No. PUD-87-13(3), Rezone from "PUD" to "PUD" Gadaleta Development - having the effect of amending the Gadaleta PUD in response to requirements of the Land Development Code (continued from the 4/7/98 meeting) (Staff's Request) Ord. 98-28 Adopted w/ change -5/0 c) OTHER 1) Recommendation to adopt an ordinance amending Ordinance 92-18 which created the Tourist Development Council; amending section two to provide for addition of a non-voting member with professional experience in the promotion and marketing or special events; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. Continued for 5 weeks - 5/0. 2) Recommendation to adopt an ordinance amending Ordinance 97-82 which created the Bayshore Avalon Beautification Municipal Service Taxing Unit; amending Exhibit A which describes the district boundaries to correct and error in the legal description; providing for conflict and severability; providing for the inclusion in the Collier County Code of Laws and ordinances; providing for an effective date. Ord. 98-29 Adopted - 5/0 3) Petition SNR-97-12, Butler Engineering, Inc., representing Bill Spinelli of Titan Homes, requesting a street name change for the northeastern most portion of Briarwood Boulevard to Terrazzo Court, located in Briarwood Unit five, in Section 31, Township 49 South, Range 26 East. Res. 98-100 Adopted - 5/0 Continued Indefinitely 4) Community Development and Environmental Services Division requesting approval of an ordinance amending Ordinance Number 98-13, to correct a scrivener's error attributable to an omission to reference a Master Plan as a part of the Page 5 April 14, 1998 Development Order for the enlarged Fiddler's Creek land area and to make said Master Plan a part of said amending ordinance number 98-13. 13. BOARD OF ZONING APPEALS A) ADVERTISED PUBLIC HEARTS 1) Petition No CU-97-26 Terrance Kepple representing Johnathan Burr requesting conditional use approval for conditional uses 19, 20 and 23 to allow a sports instructional school and camp/sporting and recreational.camps/cultural, educational or recreational facilities in an agricultural and agricultural/special treatment district overlay zoning district for property located on the north side of Pine Ridge Road approximately 600 feet west of its intersection with Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida. Res. 98-101 Adopted w/stipulations - 5/0 OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATION~ A. Discussion re update on Senate Bill re eminent domain 16. CONSENT AGENDA - Ail matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or adopted with changes - 5/0 A) COMMUNITY DEVELOPMENT & EN~IRO~A5 S~VICE~ 1) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Majestic Pines" Resolution 98-99 2) Board approval of a mortgage, promissory note and performance agreement for a sixty thousand dollar ($60,000) rental rehabilitation loan to Community Housing Partnership of Collier County, Inc. B ) PUBLIC WORKS 1) Approve Change Order No. 2 for The V Group of Florida, Inc., for The Integrative Corrections Strategic Development Page 6 April 14, 1998 c) D) E) Plan, Project No. 80003. In the Amount of $420.00 2) Approve a six-month extension to term expiration dates for the Board of County Commissioners' Appointees to the Beach Renourishment/Maintenance Committee. 3) Authorize funds for Professional Services to perform the third year of post-construction monitoring requirements for the Collier County Beach Restoration Project. To Coastal Engineering in the amount of $303,000 4) Approval of a Facilities Agreement between Maureen Moran, Inc., Johnson Enterprises, Ltd., and the Board of County Commissioners dealing with the construction and use of a sewer force main from the Barge Marina. PUBLIC SERVICES 1) Award Bid #98-2770 to U.S.I. Sporting Goods, Inc., as the primary vendor and utilize Golden Gate Trophy as the secondary vendor for trophies, awards and plaques. 2) Award Clam Pass Concession Agreement. To Association of Unit Owners of the Registry Hotel at Pelican Bay, Inc. SUPPORT SERVICES 1) Report to the BCC concerning the sale and transfer of items with the County surplus auctions of March 21, 1998. COUNTY ADMINISTRATOR 1) Budget Amendment Report B.A. 98-194 F) BOARD OF COUNTY COMMISSIONERS G) MISCRTJm~IEOUS CORRESPONDENCE H) I) J) 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. OT~R.R CONSTITUTIONAL OFFICERS COUNTY ATTORNEY AIRPORT AUTHORITY 17. ADJOURN Page 7 April 14, 1998 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOUI.n BE MADE TO THE COU~I~ADMINISTRATOR'S OFFICE AT 774-8383. Page 8 AGENDA ¢ItANGES BOARD OF COUNTy COMMISSIONER~' MEETING ~4PRIL 14~ 1998 ~v'~i~.--r~;f~)?~- PETiTioN No. PUD. SZ.3Z O), ~ZO~r r~O~ "~VV" rD "~vo" GAD~ETA OE~LOP~- ~~G THE EFFE~ OF ~ENDmG THE GAD~ETA PUD IN ~SPONSE TO ~QUI~ME~S OF ~E ~D DE~LOPMENT CODE (CONTINUED FROM ~E 4~8 ~ETIN0 (STAFF'S ~QU~. ~T~VE'~?z~'~I2~.i~~ - APPROVAL OF AN ORDINANCE AMENDING ORDINANCE 9S-13 TO CORRECT A $CRIFENER'S ERROR. FIDDLER'S CREEK. (STA~'S REQUEST). ~TQNTINUE~ITE~.?8(B~O:~:$~$J, REPORT TO THE BOARD ON THE RESULTS OF THE COUNTYI~DE INTERCONNECTED TRAFFIC SIGNAL SYSTEM STUD E (STAFF'S REQUEST). CONTINUE~i: ?:i? F/'EM;;:ii~I2[IIt~$)~t~EFINI77~L-19~ "~UD" TO "A" RURAL AamCULTURAL FOR (S TA F~:'S REQUEST). PETITION 98-1, REZONE FROM THE NEAPOLITAN PARK PUD. N.'HEREASs N~HEREA$, WHEREAS, ~YHEREA$, NO~' PROCLAMA TIO~ from 1933 to 1945, ~ million Jew: were m~dered in the N~i Holoca~t ~ part o fa ~stematlc pro. am of genocidt, and mlHlom of other people per~hed the people of Collier Count, Florida :hould alw~s remember the atrocities committed by the N~is so that such horrors are never repeated; and the people of Collier County, Florida shouM continually rededicate themselves to the principle of equal justice for all people; and the people of Collier County, Florida should remain eternally vigilant against all tyranny and recognize that bigotry provide$ a breeding ground for tyranny to flourish; and April 25 has been de$lgnated pursuant to an Act of Congress as a Day of Remembrance of Flctims of the Nazi Holocaust. known internationally as Yom Hashoah; and it it ~ commen Florida to join in the will commemorate of learning, Florida we will strive vigilance and DONEA FLORIDA mm 0 ~ 'O O0© m OZ ITl m 0 ~,~ ~ -- II .......... ! - ~ I II111 IIIIIIIIIIIII ........................... I IIII II Iii C::0 -. ~ 01 ~ .--,. {33 z m ~ m -H ~ '0o I Z I Z I rtl ITl Z I I ITl IT! 0 m Z ~ iiii illli I II III IIIII III IIIIIIII I IIIIIII IIIIIIIIII III ..... I I IIIIIII I IIII II IIII I 8Alii 8A1~ 0 0 ~, ---- i ~- II I I IIIIII I IIII II IIIIIIII Ill IIIII ................ IIIIII lira I m m ;o ~ ffi m m ~, ~, m m ~ Z o -'1 om rn · · · 8Al~ SA1 q~ 0 0 8Al, q ..3 I II I I I li l I III I I II I I I It i I IliI I IIt I I I If A Appendix A. Appendix B. Appendix C. Appendix D. Appendixes Table of Existing TDR Programs Examples o£ T'DR Ordinances 1. Denver Zoning Ordinance, Sec. $9-$4(3)(m) 2. Collier County, Florida, TDR Ordinance Bibliography Case Study References Appendix A. Existing TDR Programs Location Control or Righb Historic Redirect Protect os' Protect TDR PDR Traas~,red Prmx, rvalton Growd~ Fanta ~v~ronment ALASKA Matanuska-Susima Borough _ -- ARIZONA Scott.~ale X C^LIFORNIA Los Angeles x -- San Bemardino County X -- San Diego X San Francisco Santa Monica Malibu Mountains x -- Tahoe Regional Plarmm8 Agency _ -- COLORADO Denver X -- Pitkm County (under consideratson( x _ CON,~ECTICL-F State of Connecticut Windsor X DISTRICT OF COLUMBIA x _ FLOR/DA Collier County X -- Dade County X -- Hollywood -x _ Lee County lunder consideration} x -- Monroe Counv/(u~der cortsideration~ x -- Palm Beach County X St. Petersburg _ LOUISIANA New Orleans Calvert County X -- How~d Cou. nrv Montgomery C~u~nty X -- Y~ X Z Z X X -- X -- X X X X X x x X x x Contmm, d 29 ~tX A. coNrlNuI~ 8All! LocaHon TDR Ceatroi ot Pttrpo~ Protect or Protect x m m x x x x x x x -- -- x x x /Vote. Th,s table wu compiled prenazily from ~ ~u~e mamia~ and not aj] c~ the ink~Oon ed pnrnariJy t o ~ thorne uzxlet-..ak~ Ii.arch The ~-- "aa ~'mea wrm each commun~y cited. It is pmee~. of development ri.hts to .... ' acrony~ 'T'DR .tallcb k~r ~mun:haae of Dmv~o~mm. m~.._ j ~. .. 'AJso Iow-income housing. 3O DANtELS RD LEE COUNTY RO LE~ CO. \ C~K~R~ RD HENDRY CO. CR 846 C/L~P CR 846 CR 858 COLLIER COUNTY 6061 C~ello Drive, Suite 240 Te~: (941) 643-4111 CORKSCREW REGIONAL ECOSYSTEM WATERSH (CREW) 0 : o! Collier County - Site Investigations EXH{BFr B-1 Federal and State Listed Species Potentially Occurring within Collier County / Landfill Investi ~ation Scientific Name Fish Ri~'ulus marmoratus A_.~?_phiblans R a n......~.~ i t o R~les ~iensis Caretta caretta D~archon corais ~hemus Birds ._~_pholocoma coeruloscens coorulescens Charadrius alexanddnus Charadrius melodus Columba leucocephala E~etta caerulea E._.~retta rufescens E_.~.retta thula E~etta tricolor · Eudocimus a/bus ~rinus ~alliatus Hal/aeolus leucocephalus M._M_y. cteria americana Pandion haliaetus Pelecar~us occidentalis P/co/des borealis ~lancus audubonii Rostrhamus sociabilis S e__~ cuniculafia floridana Sterna antillarum Stoma dougallii Mammals Fells concolor cory/ Mustela v/son mink Sciurus ni~r avicer~nia Trichechus manatus Ursus amedcanus floridanus NOTES: E - Endangered T - Threatened SSC - Species o! Special Concern Common Name rove rivulus American alii ator erhead Eastern indi snake , tortoise Roseate s ~oonbill Flodda scrub- dover )lover White-crowned blue heron ~on Reddish e ret ret Tricolored heron White ibis r/ne falcon ~,medcan ~rcatcher Wood stork ~elican Red-cockaded wood ~ecker Audubon'S crested caracara Snail kite Black skimmer qodda burrowin owl Least tern Roseate tern )anther Southern mink, :rove lox s, Manatee Florida 'roi Florida black bear FGFWFC USFWS SSC SSC SSC T T T T SSC SSC T T T T T T SSC SSC SSC SSC SSC E SSC T T E E SSC SSC T E T T E E SSC SSC T T T E E T T E T EXH~Brr Feder~-t and State Listed Ptant Species Potentialt'! Occurring within Coltier County Acros Asol~ Cam Cam Cato Cate Chain Cheih C Eric E Goss Jac( Lech~ Lechi L Pe Pe Ptero S Ti/lan I',iOTES: E - Endangered T - Threatened SSC - Species of Speciat Concern FDA E E E E E E E E E E E E E E E E E E E E T E E T E E T E E E E PAS Report No. 470-1: Habitat Protection Plan... Page Io1'2 ,,, Planning Advisary Service: Recent Publications PAS Report No, 470/471 Habitat Protection Planning: Where the Wild Things Are Christopher d. D,terksen, Donald L. Elliot/, AICP, N. Thompson llobhs. Erin .hdm.wm, ..1/( '1'. and dames R. Miller SEVEN BIOLOGICAL PRINCIPLES FOR HABITAT PROTECTION AT TIlE LANDSCAPE SCALE One thrust of the seven operational principles listed above is that effective conservation pla,ming requires us to apply current knowledge to the design of protection strategics while knowing full well that such knowledge may be imperfect. The next step is to outline what we believe arc thc findings of conservation biology--or obiological'principleso--that are most relevant to habitat protection in rapidly developing areas. We first address principles that apply to landscape management, and we then offer principles for site management. The seven kev biological principles applicable at the landscape scale are summarized in Table 2-4. ' Table 2-4. Seven Biological Principles For ltabitat Protection at Landscape Scales. Maintain large, intact patches of native vegetation by preventing Principle I fragmentation of those patches by development. Principle 2 Establish priorities for species protection and protect habitats that constrain the distribution and abundance, of those species. Principle 3 Protect rare landscape elements. Guide development toward areas of landscape containing "common" features. Principle 4 Maintain connections among wildlife habitats by identifying and protecting corridors for movement. Principle 5 Maintain significant ecological processes in protected areas. Principle 6 Contribute to the regional persistence of rare species by protecting some of their habitat locally. Principle 7 Balance the opportunity for recreation by the public xvith the habitat needs of wildlife. Pr#tciple I. Mahttaht Large, Intact Patches of Native Vegetation by Preventittg Fragmentation of Those Patches by Developntent. Action Needed to Implement Principle I Vegetation should be mapped across the landscape to identify natural areas that are not currenth' fragmented by roads or residential development. If all other values of habitat are equal, larger patches of habitat should be protected in preference to smaller ones. Try to strive to minimize development within these areas and avoid fragmenting them with roads. 4/6/98 4:08:50 P\,I PAS Report No. 470-I: Habitat Protection Plan... I'age 2 ot'2 .¥cicnt!/ic Ratiomtl¢./br l'rinciple I Large intact patches of native vegetation are valuable for wildlife because such patches support large, persistent populations and provide habitat for a greater divcrsil.3/of species than smNl patches do. Here, we review the relationships between patch area and wildlife abundance. persistence, and diversity. Effects of patch area on wildlife abundance. The primary reason to preserve large, intact patches of habitat is that long-term trends in population size of wildlife species are directly related to the area of habitat available to them--for two reasons (Harris 1984; l-loover and \Viis 1984). First. many wildlife species are territorial and odefend their spaceo against members of the sarne species. As a result of this defense, the number of individuals using a given patch is limited by the a','erage territory size. For other species, abundance is ultimately controlled I,x' thc resources available in the patch--such as the amount of food or tile number of nest sites I Si~'~cl:tir 1989). It is often a safe prediction that the number of indMduals {ifa given species within a patch of habitat will increase in direct relation to the area of the patch. The characteristics of individual wildlife species determine thc way that habitat area and quality affect the ak, undance of that species. The most obvious inlluencc o'f species characteristics ~m animal abundance is body size--an acre of willows will support far more mice than moose (Peters 1983; Pennycuick 1992). This occurs because territory size increases as body size increases and because large animals require more food than small ones do. l lence, they require a greater area of habitat to meet their nutritional requirements. As a result, the number o'f animals per unit area increases as animal size declines, but this relationship is not directly propt,rtimmte to size. The effect of habitat area on animal abundance is also influenced by tile feeding habitats of wildlife. For example, predators require much more area than hcrbi'vores do. and. as a result, it given habitat patch will support far fewer predators, like bear or mountain lion or bald eagles. than herbivores, like mule deer or prairie dogs (Colinvaux 1978). Why this is true is easy to sec by example. Ifa mountain lion eats 100 deer in a year, then a single lion must range ove'r ~,n area that supports more than 100 deer. Finally, the abundance and diversity of wildlife in a habitat patch are inlluenced bv tile types of patches that surround it and the land uses that occur in them. Of particular concert~ are so-called oedge effects" that occur in a zone of influence centered on the boundary between tv.'o patches. Historically, many wildlife biologists sought to maximize oedgeo between two contrasting anti adjacent habitat patches in the beliefthat this enhanced the landscape lbr wildlife. This was based on Aldo Lcopold§s (1933) olaw of interspersion,o which stated that the density of wildlife species requiring two or more habitat types is proportional to the amount of ~dgc between or among those habitat types. Back to Index of Recent PAS Reports APA · AICP · National Planning Conference. Planners Book Service · Research Publications. Planning Advisory_ Service. Educational Opportunities Current Issues in Planning. Public Information · People, Jobs & Consultant Services What's New. Links' Calendar. FAQ. Site Map Copyright by the American Planning Association Webmaster(s) Pa~te 4/6/98 4:¢}8:51 I'M Preserving Prime Farmland in the Face of Urbanization Lessons from Oregon Arthur C. Nelson This article combines theory and a literature re- view with empirical and descriptive findings to demonstrate that Oregon's mix of policies is ef- fective in preserving prime farmland in the face of urbanization. Exclusive farm use zones pre- serve farmland for farming; urban growth boundaries limit urban sprawl; exurban districts accommodate the demand for rural residential development without harming commercial farm operations; farm tax deferral and right-to-farm laws create incentives for farmers to keep farm- ing; and comprehensive plans legitimize the en- tire package. This article proposes a comprehen- sive scheme for farmland preservation that ex- pands on the experience of Oregon, including its mistakes. 5051 Castello Drive, ~ Nap!es, Florida 34103 ~c' (941) 643-4111 Nelson, ASCE, AICP, has been involved in the formation, implementation, and evaluation of farmland preserva- tion policies for twenty years. He is professor of city planning, public policy, and international affairs at Georgia Institute of Technology. Only a mix of policics mandated at Ihe state level and implemented by local governments is elective in pre- serving resource land. Oregon's statewide land use plan. nine program--developed over more than twenty yearsmexemplifies that mix. This article first reviews the reasons for farmland preservation near urban areas and then the economic impacts of urbanization on farm- land. it examines the effectiveness of various farmland preservation policies. The articlc then describes Oregon's mixed approach to farmland preservation and olTers em- pirical and descriptive evidcnce of its effectiveness. The article concludes with generalizable lessons for planning policy. Why Preserve Farmland? There are three general motivations for preserving prime farmland. First, primc farmland near urban areas is needed for the production of truck and specialty crops (Berry 1978; Sinclair 1967: Z. cimctz et al. 1976: Volkman 1987). While some argue that there is no need to preserve farmland near urban areas because there is plenty else- where, only about 48 million acres of prime farmland (Soil Capability Class I and II)out of a total of about 250 million acres of cultivated prime farmland (Vining, Haut. and Bieri 1977) are within fifty miles of the one hundred largest urbanized areas (Furuseth and Pierce 1982). Most prime farmland is located within the suburban and ex- urban counties of metropolitan areas (Nelson 1990b). Farmland that is most important for its location and pro- ductive qualities is also valuable for development (Sol- omon 1984). Urbanization of prime farmland is presently compensatcd for by putting lower quality, marginal land into production at greater economic and environmental cost (Platt 1985). The second purpose of prime farmland preservation is the provision of certain public goods such as flood ab- sorption, air cleansing, and water filtration. The third purpose is open space protcctlon and giving spatial def- inition to urban areas (Rose 1984). Indeed. it is easy to conclude that the primary motivation behind farmland preservation is open-space preservation. The Economic Effects of Urbanization on Farmland Value Some argue that an unregulated land market would result in the most efficient use of land because proper~y owners are best able to determine the appropriate use of their land. This is true only if owners face up to all their marginal social costs. But markets do not operate in an ideal way and so they are imperfect. The purpost of government intervention in the market is to offset mar conditions causing inefficiencies (Lee 1979). lnterv, lions can create a complex web that bala~,ces public Journal o/the American Planning Association, Vol. 58, No. 4, Autumn 1992. ¢ American Planning Association, Chi- cago, IL. terests with principles of efficiency. But interventi/¢ the form of economic incentives and dis[ncentiv.~ sometimes unwittingly cause greater inefficien,~ staples include underpficed urban facilities and7 APA JOURNAL 467 .~,L'TU.MN Igg2 ARTHUR C, NELSON and tax incentives thaf induce people into buying larger homes on more land than they would without the in- ducements. Ironically, land use regulation often aims to correct inefficiencies caused by other public policies.' In the ab- sence of market intervention and given the considerable subsidies allocated to urban development relalive to those to agricultural production, farmland near urban areas is likely to be overvalued for urban uses and undervalued for agricultural uses. ~,Vhen the land market internalizes those economic advantages into higher values, land is made morc valuable for urban uses than would be the case otherwise? This can lead to ineff'tcient speculation of farmland for eventual conversion to urban develop. mont. Undervaluation of farmland is also caused when urban dcvelopment imposes spillovers on nearby farmland. Five common spillover effects are: · Regulation of farming ~tctivities deemed to be nuisances by nonfarm residents in rural areas, including restric- tions on fertilizers, manure disposal, smells, and slow- moving farm vehicles on commuter roads; limitations on use of pesticides and herbicides: restrictions on farm noises and hours of operation; restrictions on dust and glare; limitations on irrigation: and restrictions on other activities that may upset the lifestyle of suburban res- idents (Berry 1978). · Increased property taxation to pay for schools, roads, services, and facilities intended to serve new residents (Kcene et al. 1975)) · Air pollution damage to crops caused by automobiles, industrial activity, and even residential space heating (Prestbo 1975). Destruction of crops or equipment or harassment of farm animals by residents of developments in rural areas, and theft of tree crops, berries, and vegelablcs (Berry.. Leonardo, and Bieri Use ofeminent domain to acquire at relativelv Iow cost farmland for public uses serving primarily new resi- dential development (Berry and Plaut 1978). Spillovers reduce thc productivity or farmland, thereby making it less valuable for farming and more attractive for speculation. The result of speculation induced by some public policies and by spillovers is that the productive use value of farmland falls thc closer it is to urban and other nonfarm development (Sinclair 1967; BoM 1970; Rosser 1978; Nelson 1986a; Meier 1988). Figure i traces several components of farmland value.' Raw land value, R,.,.. is upward sloping to a point to account for the spillover effects that urban development has on farming. The line R,,, shows that the higher the investment in land. the more productive farmland is and the more valuable it is for farming. The line is upward sloping with respect to distance from urban development because of spillover effects. The line R~.,,, reflects the total value of farmland. The purpose of farmland pres- ervation policies is to maintain, if not increase, productive value. As the raw value of farmland is fixed with respect to distance from urban development, productive value increases only by investment. Farmland preservation policies are effective only if they result in an increase in farmland investment. Consumptive value of farmland is sometimes confused with speculative value. Consumptive value, shown as line Rso,,,,, is the value of farmland if it were "consumed" for nonfarm purposes (Pope 1985). No distinction is made Urban development is con- rained by the regional urban growth boundary. Ttw lore- ground/s undentt iliz ~' larm- land within the shadow o! urban spillovers. APA IOURNAL 468 AUTUMN PRESERVING PRIME FARMLAND IN TIlE FACE OF URBANIZATION FIGURE I: Effect of urban development on farmland value. between thc single homesitc and subdivision potential values. Every farmland tract with a home has a con- sumptive value component. Consumptive value is the incremental value ora farmland tract as a single homesite, assuming no further partitioning of the tract can occur, Thc difference between R,,, and Ru.. is speculative value. It includes a component called "inefficient spec- ulation,'' which is the difference between R., and R~,o,,,e, It arises from distortions created by policies and market imperfections that overvalue land for urban uses and un- dcrvaluc land for agriculture uses. In the absence of sub- sidies and urban spillovers, land is more efficiently al- located for farm and urban uses. In Figure 2, the efficient allocation of land occur~ where Ur and R~ intersect. Land to thc left orO, is put to urban uses and land to thc right is put to resource uses. Thc value of land for urban uses increases to U~, because of subsidies for development, while thc value of land for resource uses decreases lo R~ because of urban spillovers. The new equilibrium of land allocation is Q~. Inefficient allocation of land for urban uses is the difference between Q~ and Q~. One aim of planning to preserve farmland in the path of ur- banizalion is to restore the original equilibrium. To be effective, farmland preservation policies must not only eliminate inefficient speculative value, but speculative value that is efficient but for distortions, If speculative value is eliminated, farmland would remain in productive farm use. There is one more dynamic at work that places farm. land in the face of urbanization at a disadvantage. This is thc "impermanence syndrome" (Kccnc et al. 1975; Currier i 978), characterized by the belief among farmers that agriculture in their area has limited or no future and that urbanization will absorb tile farm in the not-too- distant future, h is manifested hy disinvestment in rarming inputs, sale of farmland tracts for hobby farm or acreage development, and shirting of crops from those requiring labor or capital intensity, such as berries and orchards, to those requiring little labor or investment, such as pas- turc or annual crops. Thc result can be vast areas of underutilized and idled land near and between urban areas (Gottmann 1961; Berry 1976; Vining, Bieri, and Strauss 1977). It seems that for every acre of prime farm- land that is urbanized, up to another acre becomes idled due to the impermanence syndrome (Plaut 1976). When farmers become uncertain about the future viability of agriculture in their area. farmland production falls and so does farming income. Ultimately. the critical mass of farming production needed to sustain the local farming economy collapses (Berry 1976; Daniels and Nelson 1986; Daniels 1986: Lapping and FitzSimmons 1982). The ultimate purpose of a farmland preservation scheme, in the opinion of several researchers, is to remove the impermanence syndrome (Plaut 1976: Berry, Leonardo. Bicri 1976; Berry 1978: NALS 1981; Nelson 1984; 1986a). This occurs only when all speculation for nonfarm purposes is removed. The Effectiveness of Common Preservation Techniques Every state has farmland preservation policies. Effec- tive preservation policies, however, must influence the land market in four ways. First, they must increase the productive value of farmland. Second. they must ~tabilize, reduce, or eliminate consumptive value (value of farm. land tracts as a single homesite). Third. they must elim- inate inefficient speculative value of farmland, which can happen only if speculative value attributed to urban spillovers, inefficient urban development subsidies, and undervaluation of thc public goods provision of resource land, is offset. Fourth, they must eliminate the imper- manence syndrome. This is accomplished when the first three objectives are met. Most farmland preservation techniques are ineffective and many have perverse ef- fects. This section reviews why) Property Tax Relief When farmland is assessed property taxes to pay for urban services and education mostly benefiting urban residents, farmers bear more than their equitable burden of the tax and they are pushed into developing their land prematurely (Forkenbrock and Fisher 1983). Property tax relief programs reduce the propeMy taxes that farm:rs would have to pay. To prevent farmers from taking spec- ulative advantage of those programs, most states assess n penalty equal to some of the taxes saved if the farmland tract is developed. No state requires full paybnck. Many charge no interest or limit the payback period from r,vo ARTHUR C. NELSON ! I ! U~ I. Q, U, O~ U, - value of land for urban uses w~lhoul subsidies Uz ' value oI land for urban uses w~th SubSidies O~ = quantity ol land lot urtmn uses w~lhOul development subsidies and spillovers Qa - quantity of land for urban uses w~th developmenl subsidies and spillovers R, - value ot land tot resource uses wnhou! urban spillovers Rs - value o! land for resource uses with urban spillovers Rt FIGURE 2: Absorpti( of greater agrieultur land area for urban us because of urban dew opmcnt subsidies a[ urban spillovers. to five years. Owners of farmland actually use these pro- grams to speculate, because they never pay i 00 percent of the potential payback penalty. These programs have the tendency to induce urban sprawl.6 In practice, all property tax relief programs create or raise speculative value by distorting land value. All extend the imper- manence syndrome farther into the landscape by subsi- dizing thc holding costs ofine~cient speculation or turn- ing farmers into speculators. Right-to-Farm Laws Suits and the threat of suits can threateh viable com- mercial farming (Hagman and [uergensmeyer 1987). Right-to-farm laws prevent urban residents from filing nuisance complaints against farmers.; Ali states have right-to-farm laws. At beat, they give short-term protec- tion to farmers at the urban-rural fringe. But a farmer could win all the legal battles in court only to lose the proverbial war to expense and wariness. Moreover, the law of trespass has so evolved as to potentially undermine right.to-farm legislation altogether (Leutwiler 1986: Bradbury 1986). The problem is that farmers and urban residents do not coexist. Right-to-farm laws arc not likely to be effective in preserving farmland in the long term (Lcutwiler 1986; Hagman and lucrgcnsmeyer 19~ Lapping and Leutwilcr 1987; Rose 1984; Bradbur7 Nelson 1990a).~ Acquisition of Development Rights Some tout transfer of development rights O'DR) a purchase of development rights (PDR) programs as t most effective means of preserving farmland (Rose 19I NALS 1981; Berry and Plaut 1978). TDR prograt~ which transfer development to urban areas, preset farmland at no direct cost to taxpayers. The problem that the owners of farmland most distant from urban an are most likely to participate while owners of farmla closest to urban areas anticipate eventual windfalls fr~ development and do not participate. TDR programs not assure maintenance of the critical mass of farmla needed to sustain the long-term viability of the local fa economy (Lapping and FitzSimmons 1982). Moreov TDR programs am randomly applied and, thus, do~ prevent the scattered subdivision of farmland tracts. ~ a regional farming economy can be so disrupted by se tared development on land not in PDR programs the can no longer support the necessat3' farming infi'astr ture (Furuseth IqS0: 1981; Furuseth and Pierce iq APs, IOURNAL 470 AUTUMN lqq2 PRESERVING PRIME FARMLAND IN TIlE FACE OF URBANIZATION 3 Miles 3 Miles 3 Miles Distance from Boundary of Urban Developmenl Area of reduce~ productivily due to urban externahties and impermanence syndrome, FIGURE 3: Effect of ur- ban sprawl on the pro- ductivity of farmland and the impermanence syndrome. Oustafson. Daniels. and Shirack 1982: Nelson 1983a: 1983b: Daniels and Nelson 1986; Daniels 1986)? PDR programs involve local government purchase of development rights. Taxpayers retire general obligations bonds used to make these purchases to assure the per- manent preservation of i'armland.'° Most tracts from which rights are purchased retain single homesite rights or rights in multiples of acres through minimum lot size. zoning. Near urban areas, farming districts created by PDR programs can become attractive to affluent house. holds more interested in open space and privacy than in farming ('Nelson and Ducker ! 989). The preservation of the critical mass of productive farmland is not assured. Moreover, taxpayers pay twice for those Hghts: once for the infrastructure that creates development value and again for the development value created by infrastructure. Shrewd speculators buy farmland in the path of urban development and then sell development rights at a later time. There are, thus. serious theoretical, practical, eq. uity. and legal problems associated with PDR programs. At their best, TDR and PDR programs are effective open space measures. At their worst, they are expens!ve, do not necessarily preserve the local farming economy, and can turn farmland regions into exclusive enclaves of amuent estate holdcrs, while destroying productive farming, Agricultural Zoning Agricultural zoning restricts land uses to farming and other kinds of open space activity. It limits subdivision and home construction, it is sometimes used in tand..-m with regional urban containment planning (Nelson 1985). There are two types of agricultural zoning: nonexclusive and exclusive. Nonexclusive agricultural zoning restricts lot sizes in agricultural areas from I to 160 acres.'~ The higher ~he density the lower the effectiveness of the minimum lot size approach to preservation. Minimum lot sizing at up to forty-acre densities merely causes rural sprawi--a more insidious form of urban sprawld~ However, Napa APA IOURNAL 4'/I alrrtlk~N ~oo~ ARTHUR C. NELSON County, California. uses t60.acre minimum lot size zon- ing, coupled with very strict review of building permits in agricuhural areas. Perhaps Iow.density couplcd with development review can be effective. Unless very high minimum lot size restrictions are imposed, however. noncxclusivc agricultural zoning does little to prevent the development of farmland in the long term. It also does little to increase productive value, but can lead to increasing consumptive and speculative value by stim- ulating scattered. Iow.density urban sprawl into the countryside. Figure 3 sho:vs the elTcct of urban sprawl on thc pro- ductivity of farmland, When development leaps over farmland or occurs along corridors bounded on either side by farmland, vastly more farmland is removed from production. Regional farmland productivity declines and the impermanence syndrome is extended deep into the landscape. In this example, the impermanence syndrome would only extend three miles from the boundary of ur- ban development were it not for leapfrog development (Nelson 1986a). Leapfrog development, however, ex- tends the impermanence syndrome nine miles. Leapfrog and radial development can be stimulated by well- meaning farmland preservation policies that distort spec- ulative and development behavior. Together with property tax relief, minimum lot size zoning can result in pushing the impermanence syndrome farther into the landscape by forcing urban residents to purchase larger tracts than they want or can manage (Fuller and Mage 1975: Archer 1977: Berry. Leonardo, and Bieri 1976: Nelson 1983a; 1983b; 1956a). Voluntary agricultural districting, which combines some of the ele- ments of tax relief programs and of nonexclusive agri- cultural zoning, provokes similar effects. Exclusive farm use zoning prevents nonfarm activities in farming districts. True exclusive farm use zoning re- quires that farmland be devoted to commercial produc- tion. Nonetheless, exclusive farm use zoning can also extend the impermanence syndrome by forcing urban residents to purchase farms larger than they want or can manage. This is countered only when all prime farmland is made subject to exclusive farm use zoning and urban households are funneled away from areas explicitly set aside for nonexclusive farming uses, The Oregon Approach Oregon's statewide land use planning program is pri- marily intended to preserve prime farmland in the Wil- lamette Valley. the state's most heavily urbanized area. The valley stretches one hundred miles north to south and about forty miles east to west. With only 10 percent of the state's land base. one.third of the state's entire supply of prime farmland is found there. It produces about 40 percem of the state's agricuhural goods and is home to mo,'e th:,n two million of the state's three million peo- ple. While Oregon's farmland p,.ese,'vation policies affect the entire state, this evaluation of policy effectiveness primarily focuses on the Willamette Valley. Instead of relying on one principal technique. Oregon's farmland preservation policies work as a package, which includes exclusive agricultural districts, urban growth boundaries, restrictions on development of exurban dis- tricts, and. of lesser importance, farm use tax deferral and right.to-farm provisions. Comprehensive plans le. gitimize the entire scheme (Daniels and Nelson 1986). The result is a regulated landscape where land is explicitly allocated and restricted to specific uses (Knaap and Nel- son 1992). Of tl~c state's 61.6 million acres of land. 55 percent is publicly owned. 2 million acres are contained in urban growth boundaries, and 25.8 million acres are restricted to resource, exception, and other rural uses. Only slightly more than 3 percent of all privately owned land is set aside for hobby farming, ranchettes, or other nonresource uses outside urban growth boundaries, and another 2t.:t percent is contained within urban growth boundaries. Table I illustrates the distribution of land use designations in Oregon.'~ Oregon's preservation package centers on statewide planning Goal .~, which conveys Oregon's intent to pre- serve farmland: Agricultural lands shall be preserved and main- tained for farm use, consistent with existing and future needs for agricultural products, forest, and open space. These lands shall be inventoried and preserved by exclusive farm use zones .... Con- version of rural agricultural land to urbanizable lands shall be based upon consideration of the fol- lowing factors: (!) environmental, energy, social. and economic consequences: (2) demonstrated need consistent with LCDC [Land Conservation and De- velopment Commissionl goals: (3) unavailability of an alternative suitable location for the requested TABLE I: Distribution of land use designations in Oregon, 1086 % all % p~ivately Land use category Acres' land owned land Total land area 61,587 100.00 Publicly owned 33.750 54.80 Privately owned 27.837 45.20 100.00 Inside UGBs 2,048 3.33 7.36 Outside UGBs 25,789 41.87 92.64 Exclusrve farm use 16.036 26.04 57.61 Pflmary fcrest use 8.771 14.24 31.51 Rural res~ential 7 I0 1.1S 2.55 Commeroal 10 0.02 0.04 Industr,al 46 0.07 0.17 Rural serwce centers 29 0.05 0.10 Other 189 0.3 t 0.69 &. F,au~eS rou~3ed to nearest 1.000 ac~es. Source: .au3aole~ from ~rne~t cd I.and Conse~abon and ~! 1986. JOURNAL 472 ^UTUMN Iqq2 """ .............. IIIII I II I I PRESk'RVING PRIME FARMLAND IN TIlE I"ACF. OF URBANIZATION usc; (4) compatibility of the proposed use with re- lated agricultural land: and (5) the retention of(Soil Conservation Service-determined) Class I. II. III. and IV soils in farm use. A governing body pro- posing to convert rural agricultural land to urban- izable land shall follow the procedures and requirements ... for goal exceptions (LCDC 1990. 5). The policy is administered by the Land Conservation and Development Commission (1.CDC). a seven member gubernatorially appointed board and its staff', the De- partment of Land Conservation and Development (DLCD). All prime agricultural and related land is placed in exclusive farm use (EFU) districts. This land is re- stricted to farm use unless thc impracticability of doing so can be demonstrated in a quasi-judicial proceeding. Preserving farmland evolved in Oregon from a mini- mum lot size approach to performance zoning. At first. the LCDC allowed local governments to establish min- imum lot size districts to limit parcelization and home construction to large lots. Some eastern Oregon counties created 320-acre minimum lot size districts. Some west. ern Oregon counties attempted five-acre minimums, but most settled on twenty, to forty.acre minimums. This ap- proach, while it prohibited nonfarm uses in theory, did not clearly define acceptable uses. The approach failed largely because many counties attempted to gain the smallest minimums acceptable to LCDC. Owners divided farms an(2 sold the parcels as hobby farms or very large suburban lots. Many critics viewed the minimum lot size restrictions as resulting in worse land usc patlcrns, be- ce, use they created rural sprawl and thc loss of many times more prime farmland than would have resulted from an unrestricted land market (Archer 1977; Nelson 1983a: 1983b: 1990a: Daniels and Nelson 198~). Thus. during the 1980s. thc LCDC required counties to create performance.based exclusive farm use (EFU) districts with no minimum lot sizes. Now. the only way to secure a subdivision or home construction approval on such land is to prove in a quasi-judicial setting that the change would improve agricultural production. In theory, all land outside UGBs is preserved for re- source uses. But this is impractical, because some rural land is already built on or committed to nonfarm uses and cannot be converted back to resource use. Other lands simply have soils too poor to sustain reasonable resource practices. Oregon, thus, devised an "exception" category for some rural land." Oregon's effort to preserve prime farmland is aimed primarily at preventing the occupation of those lands by hobby farmers.'s "Rural residential areas" are used to attract hobby farmers away from prime farmland. An outgrowth of the exception process, this is an important but often overlooked component of Oregon's farmland preservation program (Gustafson, Daniels, and Shira¢k 1982)? Counties have set aside more than 300,000 acres within the Willamette Valley for rural residential--often called "exurban"~development. Statewide. more than 700.000 acres are set aside for exurban uses. Exurban districts are well suited for hobby farms since their soil is of lower quality and they are situated away from com- mercial farming areas. The barricade marks the UGB. Be]ore the boundary was finalized the road nas to continue up the hill to a completed subdivision. For two years' hobby /armers /ought. but lost against a corrected UGB to accom- modate subdivision build- ottL AP& IOURNAL 475 ALTL",4N ARTHUR C. NELSON Empirical Evidence of Effectiveness Is Oregon's approach effective in eliminating specu- lative use value, limiting consumptive use value, sus- taining the critical mass of farmland needed to support the regional agricultural economy, and increasing the productive value of farmland? The regional land market can be evaluated to answer these questions (Nelson 1986a). Urban growth boundaries, exclusive farm use restric- tions, and restricted exurban development policies must effect the outcomes shown on Figure 4. First. the regional demand for land to be used for urban purposes must be shifted from rural land to areas contained within urban growth boundaries to the left of U, and to exurban en- claves to the right of U:. The value of land must shift from R,,, to la.,,, resulting in an increase in the value of urban and exurban land. but a decrease in the value of farmland. Second. because farmland provides nearby ur- ban and exurban land with scenery, privacy, and other I~cncfits. there is an amenity value increment to urban and exurban land, shown as R. from U. to U, and from Ua to U:. respectively. Third. because urban and exurban land impose spillovers, or disamenities, on farmland, re- suiting in reduced productivity along the urban and ex- urban boundaries. {armland value falls by the increment l~ from U~ to Ut, and from U2 to U,. respectively. With Portland and Salem. Oregon. as the laboratories. the combination of UGBs and EFU districts indeed shifted the demand for urban land to areas inside UGBs. This resulted in higher urban values and lower farmland val- ues (Knaap 1982: 1985; Nelson 1984; 1985: 1986a: Knaap and Nelson 1988). Exurban land values also shifted upward (Nelson 1984; 1986a: 1986b). These studies show that farmland preservation policies, in combination with urban and exurban containment poli- cies of the sort used in Oregon, are effective in realizing the first objective of farmland preservation: shifting re- gional demand for urban and exurban development away from prime farmland and into targeted areas. U, ' urloan growth boundary U= - exurban development boundary U,. U~, Uc. U~ - extent of interaction effects R. - amenity value ol open space on u~an and exurban land R~ - disamenity value ol udaan and exuCoan development on farmland R,. - land value gradienl before preservation policies R~ - gradient alter policies are implemented --.------- U, U, U. U, Uz U~ FIGURE 4: Economic objectives of farmland preservation and urban containment policies. ^PA IOURNAL 474 ^t:'n;MN mg~;~ PRESERVING PRIME FARMLAND IN THE FACE OF URBANIZATION Second, urban and exurban land proximate to farmland must exclusively internalize quasi-public goods, such as privacy and scene~', into higher values thc closer the land is to farmland (Correl',. Lillydahl, and Singell 1978). The absence of this effect means that the urban and urban land markets expec~ urban development of ['arm- land in the near future. The evaluation of Salem. Oregon, shows that the value of urban land rose with proximity to the Salem UGB where that boundary separated urban development from EFU districts (Nelson 1084; This phenomenon did not occur where the UGB sepa- rated urban development from exurban districts. 'rhe effect should also be found along the boundary separating EFU from exurban districts, as exurban households are like urban or suburban households in their pursuit of space and privacy (Davis 1990; Davis, Nelson, and Ducker 1993: Nelson 1091: Nelson and Ducker 1989: I cj~0)...\n evaluation of rural Washington County. Oregon. indicated that Ihe value of exurban land rose with proximity to the F. FU boundary {Nelson 1988). Third. speculation of farmland ['or nonfarm uses. whether urban or exurban, is eliminated only when the market value of farmland falls as it nears urban and ex- urban land. This is because non-farmland uses will im- pose all the negative externalities on nearby farmland. Il'this effect is not detected, then the market for farmland is internalizing expectations of conversion to urban or exurban nonfarm uses. The Salem analysis revealed that farmland value fell with proximity to the UGB (Nelson 1984: 1986). This indicates the effectiveness of the exclusive farm use re- strictions in eliminating speculative use value from farm- land. Farmland value seemed unaffected by urban de- velopment only three miles away from the UGB. An analysis of the interaction between farmland and exurban land in Washington County, Oregon, used the same approach (Nelson 1988). The central question was simple: Does farmland value behave at the exurban boundary as it behaves at the urban growth boundary? The original statistical analysis revealed ambiguous in- teraction, suggesting no statistically meaningful effects. Perhaps exurban and farmland owners coexist principally because exurban landowners consider themselves quasi- farmers and are therefore sympathetic with commercial farming. Perhaps exurban landowners do not impose spillovers on farmland owners. But this analysis is wrong (Nelson 1000c). A reevaluation asked at what minimum density does exurban development have no adverse influence on farmland values. Proximity to five- or ten-acre exurbari districts resulted in rising farmland value, indicating that the farmland market was internalizing the expectation of conversion to exurban development. This would suggest failure of preservation policies to influence the farmland market in intended ways, resulting in the underproduction of farmland, underinvestment in that land. and emergence of the impermanence syndrome among affected farmland owners. Proximity to twenty-acre exurban districts. however, rcsuhcd in declining farmland value, indicating that speculation for convcr,,ion m Iwcnty-acre exurban development was not evident.~ Thus, any exurban den- sity less than twenty acres along thc exurban and farm- land boundary would have undesirable effects ,n the farmland market. Finally, the value of farmland in exclusive farm use districts should risc over time as the farming economy has been preserved and farming investments can be made without concern for the impermanence syndrome. While there is as yet no empirical test of this outcome, the de- scriptive evidence reported below seems compelling. Production is increasing and this should be associated with increasing fi~rmland value. Descriptive Evidence of Effectiveness Based on the 1978 and 1982 Census of Agriculture. Daniels and Nelson (1986) concluded that Oregon's farmland preservation policies were working to preserve large blocks of farmland because of large minimum lot size zoning, but they could not determine whether agri- cultural production had improved or whether hobby farming and commercial farming coexisted. Instead, they found that Oregon led the nation in the formation of hobby farms between 1978 and 1982, and the furore vi- ability of commercial agriculture was in doubt. A recent study prepared by the LCDC indicates that the preservation of prime farmland improved during the late 1980s (1989). Analysis of the period |uly 1985 through August 1986 and September 1087 through Au- gust 1088 indicates that new and replacement dwellings on EFU lands decreased (see Table 2). The average parcel size of new farm dwelling approvals increased: Two. thirds were on parcels greater than twenty acres in 198'/ to 1988 in contrast to one-half in 1986 to 1987. New land divisions within EFU districts increased in size: In 1987 to 1988, 84 percent were larger than twenty acres in contrast to 70 percent in 1086 to 1987. Concern over non[.arm dwellings approved for EFU districts continues. Slightly less than one-half of the nonfarm dwellings were approved ['or the Willamette Valley and another one- quarter in southwestern Oregon. However, 84 percent of the nonfarm dwellings were approved for parcels o[. less than ten acres and 70 percent o[. the land affected was o[. Soil Class IV or worse. Nonhrm dwelling ap- provals will become more difficult in future years as the legislature, the LCDC, and special interest groups seek to contain this activity. Recent data from the United States Department o[. Agriculture, in its 1987 Census o[. Agriculture, strongly suggests that Oregon's prime farmland preservation pol- icies seem to work despite the continued prol[ferat~.on of hobby [.arms. The conclusion is an important milestone [.or planning policy everywhere: Urban development and farming can coexist but only when certain land use plan- ning policies are employed and strictly enforced. APA IOURNAL 47.5 AUTUMN Iq92 ARTHUR C. NELSON TABLE 2: New dwellings on EFU lands, 1985-198.8 Type of dwefluxJ Approved 1987-1988 1985-1986 Den~-d 1987-1988 1985-1986 New larm dwel',ings Replacement farm dwellings New farm wo,'~ef dwellings Rel::)4ace~ent larm wofl<e~' dwellings New nonfarm dwellings Repiace¢'i'm~t no. farm dwellings Total new dwellings Total rei::~acen'~:~t dwellings 205 230 9 0 65 79 1 0 103 97 8 8 18 21 1 1 279 264 36 17 34 60 0 587 591 53 25 117 160 2 2 So~'ce: De~:~arln',ent of ~ C~nse~vat~.'~ ar~l O~velo~rr~ent 1989, How Docs Oregon Compar~ to the Northwest and the Nation? Although there are problems with the use of the cen- sus, it is the most reliable source of longitudinal data on changes in the farming economy at the county level. The analysis here compares thc performance of Oregon's agriculture with that of Washington State and the United States between 1982 and 1987. Washington State is a reasonable control, because it does not have Oregon's statewide farmland preservation mandate, but is other- wise similar (Daniels and Nelson 1986). Comparison with the U.S. can indicate strengths and weaknesses of the Oregon farming economy relative to national trends. The analysis also evaluates changes in farming performance among the nine Willamette Valley counties. The farmland policies of Oregon are not conclusively related to changes in performance relative to other states, the nation, or periods of time. The evidence presented is only circum- stantial, but reasonably compelling. Between 1982 and 1987, the entire nation lost more than 50,000 farms (see Tables 3 to 5). Oregon lost more one- to nine-~icrc farms proportionally than Washington or the U.S., but generally lost fewer farms proportionally above ten acres. It actually gained in the number of farms of more than five hundred acres, whereas Washington lost farms in this category. Overall, Oregon lost more smaller farms but gained more larger farms than Wash- ington or the U.S. This is limited evidence that the pres- ervation policies discouraged proliferation of smaller farms and preserved, if not expanded, larger farms. Un- fortunately, census data do not allow analysis of what happened to those smaller farms. They may have been taken entirely out of the farmland pool (which may be undesirable) or merged to make larger units (which may be desirable). During the same period, the nation added almost 18,000 farms reporting more than $10.000 in earnings. They can be considered commercial farms (Daniels 1986).'" Oregon gained proportionately more commercial farms of I to 49 acres than Washington or the U.S., lost proportionately fewer commercial farms of 50 to 499 acres than the nation, and gained proportionately more TABLE 3: Changes 1982- ! 987 in distribution of farms by size and total farm acreage Oregon 1982 1987 %change Washingto~ United States' 1982 1987 %change 1982 1987 %c~ange Number of farms 1-9 acres 5.987 5.476 -8.54 6,425 6,040 -5,99 181,712 177,781 -2.16 10--49 acres 12.415 11,448 -7.79 12,717 11.362 - 10.66 436.886 400.989 -8.22 50-179 acres 7.662 7.219 -5.78 7,755 7.216 -6.95 704,039 637.630 -9.43 180-499 acres 3,906 3,617 -7.40 4,035 3,796 -5.92 522,660 474,677 -9.18 500 or more acres 4.117 4,254 3.33 5.155 5.145 -0.19 361,740 364,668 0.81 Total. alt sizes 34,087 32,014 -6.08 36,087 33.559 -7.01 2.207,037 2.055.745 -6.85 A~eage (thousands) in farm use Total, all farms 17.740 17.809 0.39 16,470 16.116 -2.15 996,724 946.662 -5.02 a. F~-ges a~iusted to exclude O~e<~o~ f(x compatat~kty purl:x)ses. Source: U.S. Del:~'tm~'tl of Agr~..uitute. 1982' Census ol Ag~cuttuf'e APA JOURNAL 476 AUTUMN PRESERVING PRIME FARMLAND IN THE FACE OF URBANIZATION .BLE 4: Number of commercial farms nnd acreage in commercial farms, 1982- 1987 Ore(jori Wash~nglor~ Untied Sfales' 1982 f987 % change 1982 1987 %crtar~Je 1982 t987 % change ~l:~r of commercial farms° acres 476 634 33.19 864 994 15.05 40.128 44.008 9.67 49 acres 1.76; t,891 7,02 3,100 3.072 -0,90 75.528 7t,574 -5.24 179 acres 3.156 3.010 -4.63 3,832 3,697 -3.52 264,171 241.058 -15.17 ,-499 acres 2.706 2.479 -8,39 2,982 2.760 -7.44 398.585 353.971 -11.19 ~ ~ more acres 3.658 3,694 0.98 4.843 4.764 -1.63 334.083 340.948 2.05 al. commeroaJ farms 11.763 11.708 -0,47 15.621 15,287 -2.14 1.132.495 1,051,559 -7.15 cage (thousancl$) in la~rn use al. commerc;al farms 15,488 15.441 -0.30 13,017 13,766 575 795.792 813.580 2.24 F~ures acliusted to excl~le Oeec~on fo' CO~Dara~lst¥ Farms re~ $10,~0 ~ ~e ,m annual sales, ~1 a~lu~l~ f~ cu~t ~ars. ~rce: U.S. De~nl of Ag~ullure, 1987 Census off Ag~icu~ute. mmcrcial farms of more than 500 acres than Wash- ~ton. Overall, Oregon lost some commercial farm acres file Washington and the nation gained. On the other .nd. the proportion of commercial farms to all farms se faster in Oregon than in Washington, but fell across e nation. What accounts for the considerable discrepancy in the 'oportion of small commercial farms in Oregon relative Washington and the nation? Reduction of commercial rms of 180 to 499 acres may be partly explained by the ~e in small farms. Farmland preservation has possibly duced an increase in commercially active hobby farms Oregon, because settlement on small farms requires .'monstration of commercial production. Has Oregon's rmland preservation program led to the division of large .rms into smaller ones, or resulted in declining overall .rmland production? The answer to this is based on an valuation of the Willamette Valley, where hobby farm nd land subdivision pressures are the greatest. Performance in the Willamette Valley Tables 6 and 7 report performance in the Willamette Valley? The number of farms in the Willamette Valley fell by more than one thousand from 1982 to 1987, while the amount of farmland acreage remained nearly the same, falling by slightly more than ! percent. The virtually unchanged farm acreage figure suggests that the farmland base stabiliz,'d over this period. Considering that in ! 973 the valley lost 30,000 acres of farmland to urban uses, it would appear that farmland preservation policies caused stabilization since 1978. Note that the number of commercial farms in the valley rose by nearly 18 percent and the farm acreage in com- mercial farms rose by I ! percent, or nearly ! 30,000 acres. The largest share of commercial farm increases occurred in the one- to nine-acre category, while the largest farm acreage gain occurred in the more than five hundred acre category. The proportion of commercial farms to all 'ABLE 5: Ratio of commercial farms to ali farms, 1982-1987 Oregon Washirtgton United States' 1982 1987 %change 1982 1987 '/.change 1982 1987 %change -49 acres 0.122 0.149 22.40 0.207 0.234 12.63 0.187 0.200 6.81 1-9 acres 0.080 0.116 45.62 0.134 0.165 22.38 0.221 0.248 12.09 10-49 acres 0.142 0.165 16.06 0.244 0.270 10.91 0.173 0.178 3.25 0orr note acres 0.607 0.609 0.26 0.688 0.694 0.95 0,640 0.634 -1.01 50-179 acres 0.412 0.417 1.23 0.494 0.512 3,68 0.404 0.378 -6.34 180-499 acres 0.693 0.685 -1,07 0.739 0.727 -1.62 0.763 0.746 -2.22 500o~more acres 0.889 0.868 -2.27 0.939 0.926 -1.44 0.924 0,935 1.24 ~ ~zes 0.345 0.366 5.98 0.433 0.456 5.23 0.513 0.512 -0.31 a. Figures a~lUSted to exck.,~ O~e~3~ for con'~ez'a~dlty lore: ~c~l farms ~ trios* re~rtlng S I 0.000 ~' ~ m ~ la~el, no~ Id~ulled f~' current (:~. ~rce: U.S. Del:)artme~t of Agriculture. 1987 CM~su~ APA IOURNAL 477 ^trrUMN 1992' ARTHUR C. NELSON TABLE 6: Willamette Valley. 1982-1987, dis- tribution of farms by farm size; farm acreage by farm size; and commercial farms by farm size Number and percentage change 1982 1987 % change O,sml:)ut,3n of all farms by farm size 1-49 acres 10,986 9,900 -9.89 I-9 acres 3,721 3,256 -12,50 10-49 acres 7,265 6,644 -8.55 50-499 acres 5,076 4,674 -7.92 50-179 acres 3,579 3,301 - 7.77 180-499 acres 1.497 1,373 - 8.28 500 or rno~e acres 764 791 3 53 Nl r~ms 16,826 15,365 - 8.68 D~stnbupon of farm acreage by farm size 1-49 acres 189,129 174,745 -7.61 1-9 acres 18,913 16,315 -13.74 10-49 acres 170,216 158,430 -6.92 50-499 acres 770,047 714,556 -7,21 50-179 acres 330,066 309,182 ' -6.33 180-4 99 acres 439.981 405,374 -7.87 500 or r'n~e acres 820,547 868,490 5.84 All farms 1,779.723 1,757,791 -1.23 Oislnl:~Jt~n or commercial farms' by farm size 1-49 acres 1,157 1,490 28.78 1-9 acres 242 391 61.57 10-49 acres 915 1,099 20.11 50-499 acres 2,133 2,248 5.39 50-179 acres 1.323 1.233 -6.80 180-499 acres 810 1,015 25.31 500 or mo~e acres 644 900 39.75 Tot·l, all farms .3,934 4,638 17.90 Total COmmeroal farm acreage 1,196,618 1,326,453 f 0.85 a Fan'n~ repo~l~g $10.000 or rr~'e m annual SAMS. not adjUSted fo~ Source US. Oeoartmen! of Agrx:t,~ure. 1987 Census of Agriculture. Current farms rose substantially in all major farm size categories during this period. There has been a general reduction in smaller farms but an increase in commercial farms in all farm size cat- egories. Farmland owners are either taking thcir land out of productionM thereby accounting for reductions in all but the largest of the farm size categories for all farms-- or they arc making their land commercially productive by merging it with other land through sale. rental, or other agreement. Overall, commercial farm production rose to $909 million in 1987 from $619 million in 1982, or nearly 50 percent. Per farm income among commercial farms rose from $157.000 in 1982 to $196,000 in 1987, or nearly 25 percent. These increases exceed the inflation rate during Ihe period. Table 8 compares Oregon to Washington and the na- tion. Oregon lost farms on a pace with the nation and Washington. It gained land in farms, however, while Washington and the nation lost land. Average farm size increased more in Oregon than in Washington and the natiorl. Oregon lost proportionately slightly more culti- vated and irrigated farmland than Washington and the nation. Its average value per farm and per acre fei! slightly more relative to Washington and the nadon. Yet. its sales of farm products per farm rose at nearly twice Ibc rates of Washington and the nation. Earlier studies revealed no substantial differences in farming performance between Oregon and Washington. and with most national trends, between 1978 and 1982 (Daniels and Nelson 1986). Evidence now suggests the budding of divergent trends. The Willamette Valley farming economy appears more robust after full imple- mentation of farmland preservation policies, t lobby farms and commercial farms in Oregon. especially in the Wil- lamette Valley. are gaining in economic vitality. There has been some concern that the rise of hobby farms could result in reduced commercial farming productivity. Yet. in fhe valley, while the total number of smaller farms fell. the rise in productivity of commercial hobby farms (one to forty-nine acres) parallels the risc in productivity of commercial farms. This suggests that in Oregon's reg- ulatory environment, both commercially minded hobby farmers and large-scale farmers not only coexist but mu- tually benefit. They may add dimensions to the farming economy and infrastructure that are mutually reinforcing. The formation of hobby farms has slowed, and some farms appear to have consolidated, btany hobby farmers have become viable commercial farming operators in their own right. It seems likely that were it not for hobby farmers and their sustenance of the economic infrastructure, the large-scale commercial farming operations might be jeopardized. Firm confirmation of this symbiotic rela- tionship remains an open question. Also mutual coex- TABLE 7: Willamette Valley, 1982-1987, ratio of commercial farms and acreage to all farms and acreage Numbe~ and percentage change 1982 ratio 1987 ratio % change Ratio of commercial' farms to all farms 1-49 acres 0.105 0.151 42.91 1-9 acres 0.065 0.120 84.64 10-49 acres 0.126 0.165 31.34 50-499 acres 0.420 0,481 14.46 50-179 acres 0.370 0,374 1,05 180-499 acres 0,541 O. 739 36.63 500 or mote acres 0,843 1.138 34.98 Total. all farms 0.234 0.302 29.11 Ratio ot total acres m commeroal larms to total acres in all farms Total commeroal farm acreage 0.672 0,755 13.35 · Farms reO~Im~ $10.000 O~ mo~e m annual sales, no! adlUSt~..~ fo~ cu~rem S<x~tce' U $ Oeoartme~l of Agr~.ulttxe. f987 Census od ,~Ot~Cu~':,re APA IOURNAL 478 AUTUMN S~92 8AI- PRESERVING PRIME FARMLAND IN THE FACE OF URBANIZATION TABLE 8: Farming vitality indicators, 1982-1987, Oregon, Washington, and United States Oregon Wash~nglon Umled Slalese In0,cator Un,t ! 982 1987 % change 1982 1987 % change 1982 1987 % cr~ange All farms Number 34.087 32,014 -6.08 36.087 33,559 -7.01 2.207,037 2,055,745 -6.85 Lancl ,n larms Acres. k 17.740 17.809 0.39 16,470 16.116 -2.15 996,724 946,662 -5.02 Average larm s~ze Acres 520.43 556.29 6.89 456,40 480.23 5,22 451.61 460.50 1.97 Harvested croD~and Acres, k 3.306 2,833 -14.31 5.279 4,597 -12,92 326,306 282.224 -13.51 Irrigated farmtancl Acres. k 1.808 1,648 -8.85 1,638 1,519 -7.26 49.002 46,386 -5.34 Nom,nalvalue/farm Dollars S371,644 $299,755 -19.34 $423,352 $355,976 -15,91 S345.869 S289,387 -16.33 NOminal value/acre Dollars $705 $542 -23.12 $933 $739 -20.79 $784 $627 -20.03 Value. sales/farm Dollars S48,129 $57.664 19.81 $78.469 $87,000 10.87 $58,858 $65,165 10.72 a F.~u~'es at, lusted to excJude Ore(~c~ to~' co~qparal:)d~l¥ Source U S DePa,'Imem of Arjrx:utture ~'g87 Census olAgt~cu#ute. istencc ma.',' not work outside Oregon. One of the un- derpinnings of Oregon policy is that farmland buyers must engage the land in )'arming. and many exurban districts have land use and development restrictions that aim to minimize potentially adverse interactions between urban residents and farmers. Weaknesses in Implementation Effectiveness is always dictated by implementation. Daniels and Nelson (1986) recount how local government actions through the mid- 1980s undermined state resource land preservation policies. Ahhough recent analyses by the LCDC (1989) and the 1987 Census o/Agriculture show improvement in local government implementation. there is room for more rigor. For example, in an analysis of parcelization and dwelling unit approvals in prime agriculture and forest areas. Pacific bleridian Resources (1991) found some evidence of potentially lax enforce. ment of preservation policies: · The majority of new dwellings approved in EFU areas were no1 being used in conjunction with commercial farm use. defined as $10,000 annual income from farming. · Most farm operations of less than 80 acres on which new dwellings were permitted reported no farming re- ceipts: about 90 percent of farm operations of less than 160 acres reported no farming receipts. · More than one.half (358) of farm operations approved for new dwelling units statewide (667) were found in the Willamette Valley. · About one-third of the forest operations that received approval for new dwellings units are not being managed for timber production. In part because of this analysis, LCDC amended the agri- cultural and forest land goals in late 1992. By the late 1990s, local plans will identify and regulate "high-value" and "important" farmlands and "small-scale resource lands." High-value farmlands are suitable for commercial scale operations. Small-scale resource lands are suitable for noncommercial scale agriculture and forest opera- tions. Important farmlands are all other rural lands, other than exception lands, suitable for some level of agricul- tural production. The purpose of the amendments is to put more pressure on local governments to preserve prime (high-value) farmland. Hobby farm activities would be steered into small-scale resource lands and, to a lesser exlent, into important farmlands. Toward Effective Farmland Preservation Policies Perhaps the most important lesson from Oregon's ex- perience is that successful farmland preservation relies on a package of techniques that reinforce each other. EFU districts preserve farmland for farming in the long run: UOBs prevent urban sprawl: exurban districts ac- commodate the demand for rural residential lifestyles without harming commercial farm operations; farm tax deferral and right,to-farm laws create incentives for farmers to keep farming, and comprehensive plans le- gitimize the entire package. This concluding section offers a regional landscape planning scheme that incorporates the best of Oregon's experiences while improving ou its shortcomings. Urban Containment The argument that urban development ought to be contained within urban growth boundaries, urban service limits, urban stoplines, or other regulatory fixtures on the regional landscape map has been extensively and persuasively made? Urban containment planning begins with estimates of future land use needs by general land use categories. Status quo trends are not simply projected into the future. The whole idea behind containment planning is achieving more efficient use of urban land: more housing units per acre. higher single-/emil) de- tached dwelling densities, more flexible site planning standards allowing zero lot line and cluster opportunities. more mixed use projects and comprehensively planned communilies, and higher density work environments. The APe IOURNAL 479 AUTUMN 1992 "8Al ARTHUR C. NELSON planning horizon ma)' hc set al twenty years but the UGB may have a much longer life as rcdevelopmenl and in- fill to higher densities occurs after twenty years. Such planning, however, should also include an ultimate UGB that establishes for perpetuity the final extent of urban development within a region. Figure 5 illustrates the regional landscape scheme. Within the ultimate L'GB there are three classes of land. each catering to a particular generation ofdevelopmem-- the urban and urbanizable, the future urbanizable, and the urban reserve. The intermediate boundary at U, marks the area to accommodate immediate urban de- velopment needs. Point U2 marks the near-term urban growth boundary, and U~ is the ultimate growth bound- ary. The future urbanizable land would be expected to be developed within twenty years. The urban reserve land would accommodate very Iow-density uses until re- developed to higher densities after twenty years. Future urbanizable land would not be developed until land inside the intermediate boundary was suitably de- veloped. This concepf has been used in the urban areas of Portland. Salem. and Eugene. Minimum lot size zoning of at least ten acres would apply to the future urbanizable land to keep it in such sizes and shapes as to accom- modate efT~cient future development.2' Long.term facility and transportation plans would explicitly include this land. As all fulure urbanizable land is developed, within twenty years or so, expansion into the urban reserve lands toward the ultimate UGB would occur only if in-fill and redevelopment options failed. · The urban reserve area would contain land tlmt Oregon now places outside the UGBs in "exception" areas. If Oregon has made any mistake in its planning it is in mak- ing its UGBs too small and in preventing adjacent or nearby exception lands from being placed within them. The LCDC required all urban areas to include within their UGBs just the amount of land needed to accom- modate the urban development needs to the year 2000?2 Many UGBs are virtually encircled by these exception lands, which are not needed for urban development and are not suitable for resource or open space activities. These exception lands should have been included in- side the UGBs to better manage their development and to improve long-term management of urban development. Under the present arrangement, because exception lands are neither urban nor resource lands, they are routinely developed for large acreage housing subdivisions, churches, convenience stores or centers, and other pa- tently urban uses. Even though many exception lands adjacent to UGBs are subject to five-acre minimum lot size development, there is concern that it is actually easier to develop them than urban lands (Nelson 1992). Future urban~zable Ud3an and urbamzable Urban reserve Exclusive larm use 20+ acre exurban buffer 0 U, U~ Distance from urban center Exurban Iow densl~/ development U% 20* acre exurban buffer Exclusive farm use or other resource land use FIGURE 5: Regional planning scheme to preserve farmland. .~PA IOURNAL 480 AL;IL;MN ~qg2 PRI'.'SERVING PRIME FARMI. AND IN Tilt.'. FACF. OF URBANIZATION Portland's Buddhist com- munity could not receive a conditional use permit to build ttu?ir temple in the city. Instead, they built it outside the UGB on prime /armland, as EFU zoning in Oregon allopas churches as conditiotu~l uses. What will happen when urban development under Or- egon's scheme hits the twenty-year UGB? The assump- tion is that urban development will be accommodated through in-fill and redevelopment. But this may not take care of all needs, In some situations, the UGB must be expanded. One logical place for expansion would be the exception areas already abutting UGBs. However, by the time UGB expansion into those areas becomes nec- essary, they will have been developed and occupied by amuent households capable of mounting serious oppo- sition. This is already happening(Nelson 1990b). Is UGB expansion the NIMBY of the future7:n A corollary mistake was that Oregon ignored the de- mand for hobby farms and exurban development (Nelson 1985a: 198~b: Daniels and Nelson 1986). ~A'hile pro- :cpective hobby farmers or pursuers of rural living require only one to two acres, most exception areas are limited to five., ten-, and twenty-acre minimum lot sizes. As those seeking small tracts are forced into buying larger tracts. more, not less. land is absorbed to accommodate this demand, It would have been far better for the LCDC to have allowed for the accommodation of the demand for small, one. to two.acre tracts within prescribed areas. Those areas should have been within UGBs to the max- imum extent possible, and actual development of those sites should be subject to site planning restrictions re- quiring large setbacks--one hundred feet or more--from nearby resource lands, placement of homes to enable efficient resubdivision into single-family detached sites at some time far into the future, and prohibitions against covenants and deed restrictions that prevent future land assembly or resubdivision. Much of the legitimate de- mand for five- to lea-acre tracts should be accommodated in the same way. Exurban Land Outside Urban Growth Boundaries Even if much of the exception land could be placed inside UGBs there would remain pockets of exception land, classified as antiquated rural subdivisions, five. to ten-acre hobby farms, and twenty acre or more buffer areas. Antiquated rural subdivisions were approved prior to modem planning review. Many are already developed or committed to residential uses, but these areas can be better managed to preserve the integrity of nearby re- source lands. For example, site planning restrictions should require home construction at least one hundred feet away from nearby or abutting resource lands. Owners of those sites should waive remonstrances against re- source land use practices as a condition of receiving a building permit. In cases where antiquated subdivision plats are largely undeveloped but nonetheless committed. planning review should result in identifying those por- tions of the plat that may be reasonably used for resource or buffer activities (Nelson and Recht i 988). Small-acre hobby farms on exception land outside the UGB should not abut EFU districts to avoid the expec- tation of conversion to exurban development. The ex- ception lands abutting EFU districts should be subject :o higher minimum lot sizes, of at least twenty acres. De- velopment restrictions should be imposed to have those lands used for legitimate resource purposes as a condition of receiving building permits. In the case of forest land. the state forester could review and approve a small woodlot plan set aside by the homebuilder, where forest uses are proposed. The local county assessor could attest to the property being eligible for farm and forest use tax deferral. With these assurances the building permit could APA IOURNAL 481 AUTUMN 1992 ARTHUR C. NELSON Only a small strip o] land is mowed around this hobby /arm in an exception area bounded by EFU restcic- lions. The unmowed areas contain plants toxic to Ii re- stock. be issued. Failure to carry out the p, ledge would result in zoning violations. Only in rare cases where land is clearly unusable for resource activities, such as developed or committed antiquated plots, would these requirements not apply. In all cases, home constr~ction would also be subject to site plan review, which would require the maximum possible distance from farmland or other pri- mary rcsourcc lands. Where possible, twenty plus acre exurban districts would be placed between EFU and other primary re- source land. and higher density exurban land or the UGB. At twenty and more acres, land can be used for a variety of resource activities, which would be required as a con- dition of building approval. By placing twenty plus acre tracts next to and near farmland and other primary re- source districts, operators on those districts can more A large/arm adjacent to an exceplion area opera;es only two miles [rom t!~e UGB. Onions are the dom- inant crop in this area. AP.'~ IOURNAt. 482 AI..FrUMN PRESERVING PRIME FARMLAND IN THE FACE OF URBANIZATION easily rcnl thc Iracls [or a varicly o1' resource uses..~.lorc- over. owners of thcsc bulfcr it'acts arc more likely than owners of higher density exurban land Io consider'them. selves ]ikc farmers and should hc more tolerant el' farm- ing. forestry, and other resource practices. Summary Scheme: Toward Regional Urban Form The planning scheme divides the regional landscape beyond the ultimate urban growth boundary into twenty plus acre minimum lot size exurban districts buffering EFU lands from small acreage exurban districts. Regard- less of regional urban development pressures, the uhi. mate UGB would remain fixed to preserve farmland and other resource lands. The twenty plus acre exurban buffer districts would also remain fixed, although Iow.density urban-type development could possibly invade selected exurban districts. The ideal regional urban form is achieved through regional landscape planning that in- cludes the creation and rigid enforcement of development boundaries supplemented by rigidly enforced land use restrictions on exurban and resource land. Figure 6. which combines elements of Figures 4 and 5. shows what the regional economic landscape must look like. If these relationships are not observed, farmland preservation policies may not be effective and perverse outcomes may be at work. Failure may be caused by uniquely local circumstances that require refinement of thc scheme. Failure may also bc attributable to lax en- forcement in issuing development approvals. First. thc regional landscape planning scheme must affect thc regional land market in predictable ways. The regional demand for urban land must be shifted from the regional landscape to areas inside the UGB. Aclually. the near-term regional demand should be entirely shifted to the area within the intermediate growth boundary and the long-term demand should be shifted to the area be- tween the intermediate and the twenty-year UGB. The regional demand for exurban land uses should be shifted principally from ali rural land to areas either between the twenty-y,ear and ultimate UGBs or within exurban districts located outside UGBs. Second. there should be no interaction of land value along the inlermediate growth boundary. Owners of ur- ban land just inside and owners just outside the inter- mediate boundary should expect the boundary to be moved outward, and urban development to occur in the new space in the near future. Similarly, there should be no interaction effect between land just inside and outside the twenty-year UCB. Along the ultimate UGB there should be interaction effects. Land just inside the ultimate UGB should rise in value the closer it is to the UGB. because it should cap- italize the quasi-public goods or benefits that it exclu. sively enjoys, lust outside the ultimate UGB, farmland or other resource land value should fall the closer it gets R. = amenity value of open Space on urban and exurban land R. - disamenily vatue of urban and exurban development on farmland R. - land value gradienl before preservation policies R, - gradient after policies are implemented 0 U, U~ U, U~ U~ U. U, U. Uo Us U, Um U.U. U, U, U~ FIGURE 6: Regional economic landscape that preserves farmland in the face of urbanization. APA IOL'RNAL 483 ^Cr~'UMN 1992 ARTHUR C. NELSON to thc UGB, because urban spillover effects dampen pro- ductivity and therefore reduce thc value of this land for resource production, h is possible that these effects would not be detected until exurban or urban development came to thc UGB. . Along the boundary, separating farmland and thc ex- urban twenty acre plus buff.er districts there should be similar effects. Through site development review home and work structures could be so removed from the boundary that they would not necessarily impose spill- overs on farmers. If home construction in this district required putting land into resource activities and waiving remonstrances against farming activities, spillovcr~ could be prevented. Farmers could lease these tracts for farm use. Avoiding the internalization of spillovcrs is a desir- able outcome that is limited to twenty plus acre exurban buffer districts. In any event, the value of the exurban buffer land would rise the closer it gets to farmland, be- cause it will exclusively enjoy the quasi-public goods and benefits of farmland proximity. However, public policy must be firm in maintaining the integrity of the exurban buffer district to avoid undesirable interactions between owners of those tracts and farmer~. Along the boundary separating thc exurban twenty plus acre buffer districts from higher density exurban districts, the interactions are much more fluid and prob- lematic, even ambiguous. If public policy is firm in main- taining thc integrity of thc twenty a.ere plus buffer dis- tricts, the value of the buffer land will fall thc closer it gets to higher density exurban districts because of spill- overs. On the other side of the boundary, the value of higher density exurban land would rise the closer it is to the exurban buffer districts because it should capitalize the quasi.public benefits that those districts offer. This is the desirable interactive outcome. Undesirable out- comes would be revealed if exurban buffer land values increased closer to the boundary, reflecting expectations by landowne~ of conversion to higher density exurban USES. Cultivating the Preservation Hybrid Fully effective farmland preservation policies have eluded local and state governments. Many have unwit- tingly accelerated the conversion of farming districts .to hobby farms or low-density urban subdivisions. There is evidence that urban land is overvalued through govern- ment development subsidies, inefficient utility provision. and other market distortions induced by policy and in- herent market imperfections. Farmland is undervalued for the same reasons and because of urban spillovers. In result, vastly more farmland is removed from production than should occur. Moreover. just a small reduction in farmland productivity can undermine the critical mass of farming infrastructure needed to sustain viable oper- ations in a region. Perhaps, as Daniels (1990) observes, the best way to preserve farmland is to generate greater income for farmers. Sweden guarantees prices for farmers so they can outbid urban developers for the best farmland (Lapping 1979). Sweden also employs sophisticated new town and urban expansion planning. But the U.S. lacks a clear national policy toward the preservation of prime farmland, especially in the face of urbanization, and, therefore, state and local governments are left to their own devices to protect their long-term interesls in farm- land. State and local governments are limited in their eco- nomic and legal capabilities. They cannot alter food prices. They cannot interfere with federal policies that raise or lower commodity supports. They cannot afford the: purchase of the development rights of farmland~ nor should they. The most effective farmland preservation tools available to state and local governments are land use planning and development regulation. The most ef- fective mix are those used by Oregon plus the modifi- cations proposed here. NOTES I. See Brown and Roberts (1978) on the role of local. state, and federal policies in stimulating inefficient land owner behavior and. implicitly, the need for land use regulatory mechanisms to compensate for these inefficiencies. See also Harvey and Clark (1965). Clawson (1962), and Nelson (1990a). 2. It is not known the extent to which farm subsidy policies offset ,urban subsidies. While total federal government commodity support policies totaled less than $20 billion in 1989. federally backed mortgage loans issued in 1989 exceeded SI50 billion. Ac- cording to the 1991 Statistical Abstract of the United States. more federally backed home loans were de- linquent in 1989 than all commodity price support policies in 1989 combined. 3. Farmers pay for those new facilities and services on the basis of land value, but not on whether they use them. 4. This figure is adapted from Nelson 1986a. 19C~0a. 5. For an extensive review of all common farmland preservation techniques see Nelson (I gg0a), a reply by Daniels 0990), and a rejoinder (Nelson 6. Some farmers who enroll in those programs produce less than farmers who do not. While farmers realize a reduction in the cost of operations and this raises net revenues, it does not pressure them into making their land more productive (Bahl 1968: Goldberg and Chinloy 1984: Mills and Hamilton 1988}. When urban development leapfrogs over farmland enrolled in a property tax relief program, the volume of land made underproductive increases. 7. Most right-to-farm laws also limit the ability of public agencies to condemn farmland for public works projects that can adversely affect the viability of fanr.;ng districts. 8. At the heart of right-to-work laws is the desire to protect innocent farmers from land use actions or restrictions over which they have little or no control (Leutwiler 1986). These laws make it difficult for APA IOURNAL 484 AUTUMN 1992 PRESERVING PRIME FARMLAND IN THE FACE OF URBANIZATION nearby non{arm residents to restrict operalions through nuisance suits. There arc many shorlcom- ings. however. RighMo.farm laws do not prevent farmers from converting their land to an urban use or prevent tt~e sale to speculators: may not apply to the operations of new owners: and do not protect changes in agricultural practices (Lapping and Leutwiler 1987). Farmland that is fallow during the year in which new development occurs nearby may not be protected when actively farmed. 9. If these programs can succeed in protecting a critical mass of land, they can help sustain the agricultural infrastructure. In Montgomery County. Maryland. for example, the TDR program may have transferred sull'~cient development rights from large areas con- siderable distances '~o create thc necessary critical mass to sustain agriculture into the long-term future. 10. PDR programs, because they arc voluntary, suffer from the same limitations as TDR programs. They do not assure preservation of prime farmland in quantities and in locations suitable to sustain a viable agricultural economy. Nonparticipants remain free to farm or subdivide their land. I I. Incredibly, some farmers in Florida claim that one- acre minimum lot size zoning is perfectly acceptable in farming districts. ']"hey argue that higher minimum lot size zoning reduces land value, which reduces the amount they can borrow for agricultural pur- poses. Thc argument is specious. Farm loans do not exceed more than a certain percentage of the value of land for agricultural purposes. Moreover. with one-acre zoning, large-lot residential subdividing could not be prevented. Ironically, some farmers say they will volunteer not to subdivide and develop in return for the zoning. This promise would be difficult to enforce at best. Would a foreclosing lender be prevented from subdividing? Studies show that re- strictive farm usc zoning has not prevented farmers from securing agricultural loans in the amounts they would have recciveci anyway (Coughlin 1984). 12. Noncxclusivc agricultural zoning usually includes large minimum lot sizes: entitlement to single-family home construction on any preexisting and newly created but conforming lot: no requirement to dem- onstratc the effects on farm production of land par- titioning at thc minimum lot size; and conditional usc permils allowing commercial recreation, smaller than minimum lot size developments, patently non- farm dwelling units, agriculturally related industrial activities, and planned developments sometimes at higher densities. 13. The distribution has changed slightly since 1986 through continual fine tuning and plan revisions re- quired by Oregon planning law. 14. The original criteria for determining whether land qualified for exception status were difficult to meet and carried a heavy burden of judicial review. Con- sequently, most plans failed to meet LCDC approval. Acceding to legislative demands, the LCDC replaced 'the original test with the impracticability test. which allows more flexibility in classifying rural land for exception status, One result has been a scattered and pervasive pattern of exception lands throughout the state. 15. Lapping (1980). Healy and Short (1981), and Buttel (1982) observe that hobby farmers often purchase more land than they are able to put to productive use: are generally unwilling or unable to make the investment in farm equipment and labor necessary to produce a commercial volume of farm products: compete with commercial farms for the same. land. causing fragmentation of land holdings, driving land prices upward bcyond what can be paid for out of a farm income: are a source of vandalism on nearby commercial operations and a cause of legal attempts to limit commercial farming practices: and create in commercial farmers questions of the future viability of farming, making them less willing to undertake long-term investments. As commercial farmers go out of business, an area can lose the "critical mass" of farms and farmers needed to maintain agricultural support services. 16. The framers of Oregon's farmland preservation pro- gram did not anticipate the magnitude of the demand for hobby farms. Between 1978 and 1982, Oregon lcd the nation in the formation of hobby farms and many analysts expressed concern that the trend would undermine Oregon's farmland preservation policies (Nelson 1983a; 1983b; Daniels and Nelson 1986: Daniels 1986). 17. The finding also indicates that even at twenty-acre minimum lot size restrictions, exurban development can be expected to impose negative spillovers onto farmland. The question now becomes: At what min- imum density should we expect no statistically meaningful impacts of exurban development on farmland value? Would it be forty acres? Eighty acres? 18. Census tabulations do not adjust for inflation. 19. Willamette Valley includes Benton. Clackamas, Lane, Linn, Marion, Muhnomah, Polk, Washington, and Yamhill counties. 20. Proper urban containment planning results in public facility and service savings (Nelson and Knaap i 987; Nelson 1987): improved delivery of social services; more efficient transportation systems (Newman and Kenworthy 1989): improved interaction among eco- nomic activities: lower housing package costs, al- though with possibly higher density and lower hous- ing space (Real Estate Research Corporation 1974: Frank 1989): lower energy costs (Keyes and Peterson 1977); more efficient government management, as- suming flexible management schemes such as inter- local cooperative agreements (Nelson 1991b): im- proved interaction between social classes {Jacobs 1961): improved sense of place (Lynch 1983): and, of course, preservation of open spaces outside urban development for farming, forestry, recreation, flood APA IOURNAL 48% aUTUMN ARTHUR C. NELSON '"8A 1 control, air cleansing, walcrshed, and related pur- poses. 21. Alas, all urban areas allow subdivision of I'uture ur- banizable land into one- to two-acre tracts. Although subdivision plans must include homesite locations that theoretically enable wise redivision in later years, the practical effect is to condemn fulure de- velopment in these areas to hodgepodge in-fill that residents are likely to oppose. 22. Some largcr urban areas received approval for more land inside UGBs than strictly needed I'or develop- ment, arguing that more land was needed to prevent monopolistic behavior among landowners and to provide adequate iocationai choices for developers. The Portland UGB contained 15.8 percent more land than strictly needed and Salem's UGB contained 25 percent more than needed. 23. In mid-1992, the LCDC adopted the "urban reserve" rule, which would effect a few of the points argued in this article. By the mid-1990s, seven urban areas. including metropolitan Portland, will identify areas for UGB expansion, mostly on exception lands but also on selected prime farm and forest lands. Al- though nol to be included in the UGB initially, lands placed into the urban reserve would be managed in such a way as to make urban expansion more effi- cient. In effect, this rule creates a longer term UGB,. somewhat akin to the ultimate UGB proposed here. REFERENCES Archer. R. W. 1977. Policy and Research Issues in Sub- divisions for Rural Residences, Hobby Farms, and Ru- ral Retreats. Paper presented at the 48th ANZA.AS Congress, Melbourne, Australia. Bahl, Roy W. 1968. A Land Speculation Model: The Role of the Property Tax as a Constraint to Urban Sprawl. Journal of Regional Science 8, 2. Berry, David. 1976. Idling of Farmland in the Philadel. phis Region, 19~0-1970. Regional Science Research Institute Discussion Paper Series No. 88. University of btassachusetts, Amherst. Berry, David. 1978. Effects of Urbanization on Agricul- tural Activities. Growth and Change 9, 3: 2-8. Berry, David, Ernest Leonardo, and Kenneth Bieri. 1976. The Farmer's Response to Urbanization. Regional Science Research Institute Discussion Paper Series No. 92. University of Massachusetts, Amherst. Berry, David, and Thomas Haut. 1978. Retaining Agri- cultural Activities Under Urban Pressures: A Review of Land Use Conflicts and Policies. Policy Sciences 9: ! 53-78. Boal, Frederick W. ~ 970. Urban Growth and Land Value Patterns. Professional Geographer 22, 2: 79-82. Bradbury, Dana Ann. 1986. Suburban Sprawl and the Right to Farm, Washburn University Law Review 22: 448-68. Brown. H. lames, and Neal A, Roberts. 1978. Land. owners at the Urban Fringe. Discussion Paper D?8- 10. Cambridge. MA: Harvard University, Department of Cily.and Regional Planning. Buttel. F. H. 1982. The Political-Economy of Part-Time Farming. GeoJournai 6: 293-300. Clawson, Marion. 1962. Urban Sprawl and Speculation in Suburban Land. Land Eeo.orates: 99-I i i. Con-ell, Mark R., lane H. Lillydahl, and Larry D. Singeil. 1978. The Effects of Greenbehs on Residential Property Values. Land Economics 54, 2: 207-17. Coughlin, Robert. 1984. Evaluation of the Effect of Farm Use Zoning on the Ability of Farmers to Secure Farm Loans. Philadelphia: University of Pennsylvania, Re- gional Science Research Institute. Currier, Barry A. 1978. An Analysis of Differential Tax- ation as a Method of Maintaining Agricultural and Open Space Land Uses. University of Florida Law Re. view 30, 5: 821-42. Daniels, Thomas L. 1986. Hobby Farming in America: Rural Development or Threat to Commercial Agri- culture? Iournal of Rural Studies 2. i: 3 i-40. ~. 1990. Policies to Preserve Prime Farmland ia the USA: A Comment. Journal of Rural Studies 6:331 - 6. Daniels, Thomas L., and Arthur C. Nelson. 1986. Is Or- egon's Farmland Preservation Program Working7 Journal of the American Planning Association 52, I: 22-32. Davis, ludy S. 1990. Commuting Patterns of Exurban Households. Center for Urban Studies, Portland State University, Portland, OR. Davis, iudy S., Arthur C. Nelson. and Kenneth ]. Ducker. 1993. The New 'Burbs. Journal of the American Plan. ning Association. Forthcoming. Forkenbrock, David 1., and Peter S. Fisher. 1983. Tax Incentives to Slow Farmland Conversion. Policy Stud. les Journal I I: 25-37. Frank, lames E. 1989. The Costs of Alternative Devel. opment Patterns. Washington, DC: Urban Land Insti- tute. Fuller, Anthony M., and [ulius A. Mage, eds. 1975. Part- Time Farming. Proceedings of the First Rural Geog- raphy Symposium. Guelph. Ontario: University of Guelph. Furuseth, Owen l. 1950. The Oregon Agricultural Pro- tection Program: A Review and Assessment. Natural Resources Journal 20: 603-14. ,. 1981. Update on Oregon's Agricultural Protec- tion Program: A Land Use Perspective. Natural Re. source Journal 2 I: 57-70. Furuseth, Owen 1., and Iohn T. Pierce. 1982. Agricultural Land in Urban Society. Chicago. IL: Association of American Geographers. Goldberg, Michael, and Peter Chinloy. 1984. Urban Land Economics. New York: ]ohn Wiley and Sons. Gottmann, lean. 1961. blegalopolis. New York: Twon. tieth Century Fund. Gustafson, Greg C., Thomas L. Daniels. and Rosalyr, P. Shirack. 1982. The Oregon Land Use Act. Iournal of the American Planning Association 48, 3: 565-7'5. AP~ IOURNAL 486 ALrI'U.MN Igg~ PRESF. RVING PRIME FARMLAND IN THE FACE OF URBANIZATION I lagman. Donald C.. and lulian Conrad Juergensmeyer. 1987. Urban Planning ami Land Det'elopntcnt Control Law. St. Paul. MN: West Publishing. Harvey. Robert O.. and W. A. V. Clark. 1965. The Nature and Economics of Urban Sprav.'l. La,sd Economics 4 I, I. Healy. Robert G.. and ]ames L. Short. 1981. The Market ]'or Rural Land: Trends. Issues. Policies· Washington, DC: The Conservation Foundation. Jacobs. lane. 1961. The Death and Life of Great Anter. ican Cities. New York: Random House. Keene. John C. et al. 1975. Untaxing Open Space. Wash- ington. DC: Council on Environmental Quality. Keyes. Dale L., and George R. Peterson. 1977. Metro. politan Development and Energy Consumption. Washington. DC: The Urban Institute. Knaap, Gerrit I. 1952. Thc Price Effects of an Urban Growth Boundary. Dissertation, University of Oregon, Eugene. 1985. The Price Effecti of an Urban Growth Boundary in Metropolitan Pcrtland. Oregon. Land Economics 6I. I: 26-35. Knaap. Gerrit J., and Arthur C. Nelson· 1988. The Effects of Regional Land Use Control in Oregon: A Theoretical and Empirical Review. The Review o/Regional Studies 18. 2: .i7-46. . 1992. The Regulated Landscape. Cambridge. MA: Lincoln Institute of Land Policy. Land Conservation and Development Commission (LCDC). 1986. Oregon Lands. Salem, OR: Department of Land Conservation and Development. ~. 1989. Report to the Oregon Legislature. Salem, OR: Department of Land Conservation and Develop. ment. · 1990. State Planning Goals and Guidelines· Salem· OR: Deparnment of Land Conservation and Development. Lapping. Mark B. 1979. Agricultural Land Retention Strategies: Some Underpinnings./ournal of Soil and Water Conservation 34:124-6. · 1980. Agricultural Land Retention: Responses Foreign and American. In The Farm and the City: Ri. vals or Allies?, edited by A. M. Woodruff. Englewood Cliffs, NI: Prentice-Hall. Lapping. Mark B., and J. F. FitzSimmons. 1982. Beyond the Land Issue: Farm Viability Strategies. Geolournai 6: 519- 24. Lapping. Mark B., and Nels R. Leutwiler. 1981. Agri- culture in Conflict: Right-to-Farm Laws and the Part- Urban Milieu for Farming. In Sustaining Agriculture itt Cities, edited by William Lockerctz. Ankeny, IA: Soil and Water Conservation Society of America. Lee, Douglass B. 1979. Market Failure. The Land Use Policy Debate in the United States. New York: Prae- ger. Leutwiler, Nels R. 1986. Farmland Preservation Laws: What Do They Do.'? Can They Be Justified? Master's thesis· Department of Urban Planning, University of Colorado at Denver. Lynch, Kc'yin. 1983. Theory o/Good Urban Form. Cam- bridge. MA: MIT Press. Meiei', Bruce W. 1988. An Urban Induced Ring of Dis. investment by Farm Operators· Paper presented to the Association of American Geographers..Miami Uni. versity. Miami. Ohio. Mills, Edwin S.. and Bruce W. tlamihon. 1988. Urban l':co,,omics. 4Ih ed, Homewood, IL: Scott Foresman. National Agrictdtural Lands Study INA LS). 1981. Wash- ington. DC: U.S. Department of Agriculture. Nelson. Arthur C. 1983a. Comment on the Oregon Land Usc Act. Iournal o/the American Planning Association 49. I: 85-7. ... 1983b. Comment· Natural Resources ]ournal 23, I: I-5. · 1984. Evaluating Urban Containment Programs. Portland, OR: Center for Urban Studies, Portland State University. · 1985. A Unifying View of Greenbelt Influences on Regional Land Values and Implications for Regional Policy. Growth and Change 16, 2: 43-8. · . 1986a. Using Land Markets to Evaluate Urban Containment Programs. lournal of the American Planning Association 52, 2:156-7 I. , .1986b. Toward a Theory of the American Rural Residential Land Market. Iournai of Rural Studies 2. 4: 309-19. · 1987. The Effect of a Regional Sewer Service on Land Values. Growth Patterns, and Regional Fiscal Structure Within a Metropolitan Area. Urban Re. sources 4, 2:15- 8, 58-9. ~. 1988. An Empirical Note on How Regional Ur- ban Containment Policy Influences an Interaction Be. tween Greenbelt and Exurban Land Markets. lournal o£ the American Planning Association 54.2: i 78-84. · 1990a. Economic Critique of Prime Farmland Preservation Policies in the United States. lournal of Rural Studies 6:1 ! 4-42. · 1990b. Blazing New Planning Trails in Oregon. Urban Land. Washington, DC: Urban Land Institute. · 1990c. The Analytic Basis for Farmland Pres- ervation. Iournal o/Rural Studies 6: 337-46. · 199 I. Toward a Definition of Exurbia. Iournal o/Planning Literature 6, 4: 350-68. ~. 1992. Lessons of Urban Growth Boundary De- sign and Management in Oregon. Real Estate Finance 58. 4: 11-22. Nelson, Arthur C.. and Kenneth J. Ducker. 1989. Exurban Living Through Advanced Technology. Iournat o/Ur. ban Planning and Development I 15, 3: ! 01-13. · 1990. The Exurbanization of America with No- table Planning Policy Implications. Journal off'Planning Education attd Research 59, 2:91 - 100. Nelson. Arthur C., and J. Richard Recht. 1988. Inducing the Residential Land Marke! to Grow Timber in an Antiqualcd Rural Subdivision. Journal off' the American Planning Association 54. 4: Newman. Peter, and |affray Kenworthy. 1989. Cities and Automobile Dependence. Sydney, Australia: Gower. ARTHUR C. NELSON Pacilic Meridian Resources. 1991. Analysis of the Rela. tionship o£ Resource Dwelling and Partition Approvals Between 1985-87 and Resource Management in 1990. Salem: Oregon Land Conservation and Development Commission. Platt, Rutherford lt. 1985. The Farmland Conversion Debate. Professional Geographer 37, 4: 433-42. Haut, Thomas. 1976. The Effects o£Urbanitation on the Loss of Farmland at the Rural. Urban Fringe: A Na. tionai and Regional Perspective. Regional Science Research institute Discussion Paper Series No. 94. University of Massachusetts. Amherst. Pope, C. Arden. 1985. Agrlcuitura[ Productive and Con- sumptive Use Components of Rural Land Values in Texas. American Journal o/Agricultural Economics 66. I: 81-6. Prestbo, lohn, ed. 1975. This Abundant Land. Princeton. NI: Dow lones Books. Real Estate Research Corporation. 1974. The Costs of Sprawl. Chicago. IL: Real Estate Research Corpora- tion. Rose, lerome B, 1984. Farmland Preservation Policy and Programs. Natural Resources lournal 24, 3: 591-640. Rosser. I. Barkley. 1978. The Theory and Policy Impli- cations of Spatial Discontinuities in Land Values. Land Economics 54, 4: 4~50-41. Sinclair. Robert. 1967. Von Thuencn and Urban Sprawl. Annals of the Association of American Geographers 57: 72-87. Solomon. Barry, 1984. Farmland Protection: A Case of Quality Not Quantity. Land Use Policy:. 357-66. United States Department of Agriculture. 1985. 1982 Census o/Agriculture. Washington. DC: U.S. Govern- ment Printing Office. ........ 1990. 1987 Census o/Agriculture. Washington, DC: U.S. Government Printing Office. Vining. Daniel R.. Kenneth Bieri, and Ann Strauss. 1977. Urbanization o/ Prime Agricultural Land in the United States: A Statistical Analysis. Regional Science Re- search Institute Discussion Paper Series No. 99. Uni- versity of Massachusetts, Amherst. Vining. Daniel R.. Thomas Plaut, and Kenneth Bieri. 1977. Urban Encroachment on Prime Agricultural Land in the United States. International Regional Sci- ence Review 2. 2. Voikman. Nancy ~. 1987. Vanishing Lands in the USA. Land Use Policy 4, I: 14-30. Zeimetz, Ka~hryn A., Elizabeth Dillon. Ernest E. Hardy. and Robert C. Otte. 1976. Dynamics of Land Use in Fast Growth Areas. Agricultural Economics Report No. ~25. Economic Research Services. United States Department of Agriculture, Washingto.-. DC. APS. IOL~RNAL 48~ ,%LTLM% 1002 505 t Cas;o,o Drive, ~ 240 ;~e~ Fkr.Ja 34103 tel (941 ) 64,3-411 ! Il THE CONTRIBUTION OF AGRICULTURE TO COLLIER COUNTY, FLORIDA Executive Summary Prepared by FLORIDA STEWARDSHIP FOUNDATION, INC. Boca Raton, Florida Project Director & Writer: Craig Evans Researcher/Analyst: Jean McGuire Printing & Design: Press Printing Photographs Provided Courtesy of: Southwest Florida Research and Education Center University of Florida © 1996, Florida Stewardship Foundation, Inc. All Rights Reserved. 621 N.W. 53rd Street, Suite 240 Boca Raton, Florida 33487 This study focuses on the economics of agriculture and the need to create a business climate that is conducive to agriculture. That's because: No regulation, land use plan, purchase of agricultural conservation easement program, transfer of development right or other government policy will be able to preserve agriculture if it is not profitable for individual operators -- and their suppliers -- to remain in business. --Craig Evans oi- 8Al .; Productive agricultural land is disappearing at an ever greater rale. According to data cilcd in the article reproduced below, the United States is currently experiencing: A one-year loss of 4 million acres, thc equivalent of: 10,960 acres/day, or 456.62 acres/hour, or about ()NE AVERAGE SIZE FARM PER HOUR, or 7.61 ACRES A MINUTE! ~VASHINGTON (Router) - The number of farm,, in the United States decreased slightly in 1996 and thc amount of hind t, scd for larming ~tlso dipped, according to an annual government report. The Agriculture Department estimated there ,,,,'ere 2.06 million farms acr,ss the country in 1996. down from 2.07 million in 1995. The report, released Tuesdfiy. ix based on surveys taken in June. The number o1' farms in the Untied Slates h:~s decreased steadily .ver the past decade .since the depart- meat began issuing the rcport. Total land in I'~,rms stood at 968 million acres in 1996. down from 972 million acres the prior year. the Agriculture Department said. Thc average farm size was unchange at 469 acres. Texas remains the state with the most farms, numbering 205.O(Xk followed by Miss,uti with 104.(XX) farms and Iowa with 98.000 farms, the report said. Texas also leads the nation in land in farms and ranches with 127 million acres, down two million t'ron] 1995. The survey defines farm as "any establishment I'nm'~ which S 1.000 or more of agricultural products were sold or would be normally sold during the year." The number of farms with sales of $ 100.O()0 and over climbed bv 4.90() to 338,10() in 1996. the depart- meat said. while those with sales between $10.(XX)-$99.999 fell by i9.80()to 705,6(X). REUTER 7/3¢)/96 (Reprinted with permissi.n~ NEWS .PRESS. SUNDAY. JULY 2~. lg~ * ' * AGRICULTURE Report: Cropland vanishing By KEN MILLER WASHINGTON -- Earllllnfs are ft~bbllM up ~tand at unp~ d~t~ m~ aM ~nl ~e ~p ~n ~e ~d's ablll~ lo p~uce m~ ~e ~on ~p Wofld- ~~~lnl~ -irs ~mer ~ M~ ~ ~ ~ ~d~t ~ ~ ~d ~ ~d ~ ~ a World of partment of A~lc~lture, the U.I~. Food and Agriculture Orpnlntlon, me World hat. smd other sources, th~ study mid world [2'als reserves ire at a btstorlc4ow 48 days Of con* Sump~oL "~mrely plpelln~ supplle~" me study mid et I~e I~nln t~e~ve~ that irt dowm from trudlflonal supplies or mom II~aa lO da~. T~e cro~ tomes m attflb* used mmUy to e~madlal m~la stesu, Suctl as the converllo~ o! 3 per~nt of California's cro~ ams ~mler, mciudln~ umtdramn~ ~uter rec~arjK and ~e de~uda~o~ of p~rc~nt or all de~rudod fnrmland, 'Becaus~ n~m of mis desruda. tloa lo unseen, ~e I~re~t Il poses to -ii- Table of Contents Introduction ................................................................................................ I Background ........................................................................................... i Collier County Overview ...................................................................... 2 Collier County Agriculture ................................................................... .'t Other Agricultural Activities ................................................................. 5 Policy Implications ............................................................................... 6 Al~ou! This Study ......................................................................................... 7 Summao' of Findings .................................................................................. 9 Conclusions ................................................................................................ 25 Recommendations ....................................................................................... 29 Proposed Activities ............................................................................... .t3 Acknowledgements ..................................................................................... 42 Florida Stewardship Foundation ................................................................ 44 Endnotes ..................................................................................................... 45 Tables and Figures 1992 Collier County Agriculture ................................................................ 4 Industries htchtded itt Sector ...................................................................... I I Category Su.tmarv 1992 ............................................................................ 12 Gross Otttpttt by Sector ............................................................................... 12 Employment Im Sector ................................................................................ 12 Paytwll by Sector ........................................................................................ 12 Farm Product & Money Flows ................................................................... 14 Economic Impacts of Agriculture & Agribusiness- 1992 .......................... 19 Other Econontic Contribution of Agrk'ulture - ! 992 ................................. 20 Collier County Government & Schools Revenues & Expenses .................. 22 Collier County Government & Schools Revenue & Expense Percentages by Land Use .......................................... 22 Collier County Government & Schools Ratio of Revenues to Expenses ................................................................... 22 Percents & Ratios by Land Use .................................................................. 22 Opportunit)' Cost ........................................................................................ 24 Present Value of Opportunio' Cost Cash Flows ......................................... 24 - II! - Introduction In a many ways, Collier County is at a crossroads. It can take steps to expand its agricultural industry and protect its natural resources. Or it can allow the lure of development to dominate the market economy. The decisions made today will shape the appearance, environmental quality and economy Collier County tomorrow. Once made. these decisions cannot be undone. This study ,,vas supported and funded by several local individuals, business intercsls and organizations inw~lved with agriculture and environmental protection. Support and advice also was given by various county officials. To help provide better information with which Collier County can assess options and make decisions, Florida Stewardship Foundation, Inc., a nonprofit organization based in Boca Ramn. Florida and dedicated to conservation, scientific research and education, was asked to: o Determine the total economic output of Collier County broken down by industry: o Study the economic impacts of agriculture & agribusiness on the county: ° Analyze the financial effects of various types of land uses on the revenues collecled and expenses incurred by county government and the count)))' school district: and o Examine the value gained or foregone to the county's economy when an acre agricultural hind is converted to other uses. The results of these :malyses are reported on the following pages. Background This study breaks new ground by analyzing and measuring economic contributions according to land use. It can be and has been the basis of other studies. The study was first started early in 1994. It has evolved considerably since then. I! was designed initially to compare revenues with the costs of delivering community services to different land uses. employing a methodology developed by American Farmland Trust (Al:TI. a Washington. D.C. based nonprofit organization. The researchers soon discovered, however. that the methodology was well suited for small communities with small budgets but could be applied to a large entity such as Collier County, with a large, complex budget. An advisory committee of Collier County residents was convened and it was agreed that a new approach would be taken with :m emphasis on economic output. Assistance was recruimd from two agricultural economists -- one from the University of Florida and one from the University of Kentucky -- and a senior analyst for the Congressional Budget Office. Over the next 18 months, methodologies were developed to measure four economic indicators related to: (1) the county's gross economic output: (2} lhe value of its agricultural industr)': (3) the differences in revenues and expenses generated by various land uses: and (4~ the value gained or foregone to a county economy when an acre of agricultural land is converted to other uses. Two of the methodologies were entirely new: the calculations to measure "Community Revenues and Expenses" and "Opportunity Costs." The concept of the "Community Revenues and Expenses" analysis was simple, but the data sufficiently detailed to ensure thoroughness: individual spending and revenue itctns from county -I- financial records were analyzed and allocated !o land uses based upon which land use either was a source of'that item or the beneficiary of that spending item. This allocation was based on percentages calculated from several indices, including population breakdown, taxable value of real and tangible property and building permits. School revenues and expenditures also were included. The "Opportunity C~>st" analysis calculates the long-term value of a land use lo thc county economy -- not jusl over five or 10 years, when large cash inlluxe~ from a change in use can cause a one-time spike in value, which can obscure the importance of one land use relalive another as a revenue generator over time. Instead. the "Opportunity Cost" analysi~ calculaics the revenue~ generated by different land uses on an annual basis and then compares these revenues over a 50-year period. The new methodologies were tested, subjected to peer reviews, revised, re-tested and reviewed and. finally, applied m differing situalions in three -Iher Florida counties. After the new meth,~dologies were first applied hy the Project Direclor and Writer. Craig Evans. and the Researcher/Analyst. Jean McGuire. in a Palm Beach County ~tudy. organizalional changes occurred thru swilched the consulting firm working on the Collier County stud)' from American Farmland Trust to Florida Stewardship Foundation. Inc.. a nonprofit organization based in Boca Raton. Florida. Subsequenlly. Evans and McGuire used the new melhodologies m complete two additimml studies: The Contril,utio, r~l'A.~riculture to Lake C~ntnt)'. Fh, rida and The Contrilnttirm Agribu.s'i,e.s'.s' u, Hill.s'horough County. Florida. The results of all three studies were consistent with each other -- and with sludies compleled by other organizations in various locales throughout the U.S. -- further confirming the new melhods' validity. This ~et of revi~ed and time-tested methodologie~ now have been applied to Collier County. The results are reporled on the following page~. Collier County: Att Overview Collier County is one o1" the largest counties in Florida. occupying roughly 2.000 square ~niles according to the Collier County Property Appraiser's Office. The Naples Metropolitan Statistical Area. which encompasses all of Collier County. was rated by the U.S. Census Bureau as the fastest growing area itt the entire nation between 1980 and 1991'}. During that decade, the county's population grew from 85.971 to 152.099. representing a 77c~ increase. An additional 55.10¢) people are expected to move to the county by the year 2000. for an additional increase of 36c~. Rapid growth is found throughout the coastal areas of Florida. Nine of the state's communities are among the 12 fastest-growing metropolitan areas in the nation. In fact. the state is pr~iected to continue growing by an average of one new resident every two minutes for the next decade.~ Collier County will increase its population during this time by an average of 15 new people each and every day.: Growth -- and its consequences -- is a major focus for county land use planners and decision ~nakers. The effect of growth on agriculture is a concern since agriculture is one of the major industries in Collier County. The intent of this stud.,,' ix to provide decision makers with economic infor~nation important to land use decisions by examining agriculture's impact on Collier County's economy, how that impact compares to other land uses and the effects of various land uses on county and school revenues and expenses. The study also looks at the social and environmental impacts of agriculture. -2- Glenn Simpson, an environmental consultant with Wilkison and Associates in Collier C,unty. clearly states thc nccd for this study: "We need to understand how agricultural and urban economics fit to~cthcr in Collier County. it' a~riculturc is bcncl'itin~ unfairly from thc urban tax base. wc need to make it fair to the people who live in our urban areas. On thc other hand. if revenues from agricultural uses arc offsetting thc costs of thc urban coastal areas by surplus revenues, it is in the best interest of mtr cmnnmnity m have a clear understanding those facts and knowledge. It is essential for thc future ot' our community to be phmncd ;Hid grow with decisioas based on this knowledge." Collier Cottllty Agriculture According to dala supplied by Ibc Collier Cotlnly Coopcralivc Exlension Service. 291 acres, or 23t)~ of thc county's land area. is dcx'olcd lu a~ricullural production. Of thc 3.150 counties in thc nation. Collier C~mnl5' cm~sistcnlly ranks among thc lop 30 pr,duccrs for certain commodi,ics. Here are ~omc of Jl~ national rankings: 4th in acres or tomatoes harvested for sale 7th in value of vegelables, sweet corn and melons sold l l th in acres of cucumbers and pickles harvested for sale 12th in acres of grapefruit 12th in acres of oranges 17th in acres of vegetables harvested for sale 19th in acres of watermelons harvested for sale 21 q in value of crops sold. including nursery and greenhouse crops 29th in acres of land in orchards~ Although the number of hrms in Collier County has increased over time. ~he amount of land in farms has begun to decrease, after a rapid increase during the 1980s as citrus ~rowers. whose groves were frozen out in central Florida. moved their operations to Southwest Florida. In 1982 there were 196 farms with an average of 1.427 acres each. in 1987 there were 224 farms with an average of 1.483 acres, and in 1992 there were 254 hrms xvith an average of 1.189 acres.~ The major crops grown in Collier County include tomatoes, citrus, vegetables, ornamental plants and beef cattle. According to the Collier County Cooperative Exlension Service. in 1990-91 crop years. Collier County marketed: "1.3 BILLION tomatoes: enough tomatoes to completely cover Marco Island~ If the trucks that haul them were placed bumper-to-bumper on 1-75. they would stretch from Naples to Tampa~ "508 MILLION oranges, grapefruits and other citrus. Ir these were placed side- by-side in a straight line, they would circle ~hc globe~ There are currenlly 21 commercial citrus trees for every man. woman, and child in Collier Courtly. "6.4 MIIA~ION pounds of beef: enough beef to build 25 MILLION quarter-pound hamburgers. This would satisfy the beef needs of Naples residents fi~r 5 yearsF'~ The following table presents 1992 figures for sales and acreages: 1992 Collier County Agriculture Commqd.!~y Acre_ag_e_ Farm-Gate Sales Tomatoes 14,800 Peppers 4,800 Cucumbers 1,900 Watermelons 4,800 Squash 1,800 Potatoes 2,450 Gladiolus 400 Citrus 28,800 Miscellaneous 2,400 Beef Cattle 228,250 Ornamentals 1,560 TOTAL 291,960 $192,000,000 $44,000,000 $14,500,000 $9,950,000 $6,500,000 $3,250,000 $750,000 $40,000,000 $3,100,000 $4,3O2,OO0 $7,8O0,000 $326,152,000 Source: Collier County Cooperative Extension Service -4. Other Agricultural Activities Discussions about the value of agriculture to a Ioc:fi or state economy generally rewflve around "farm-gate" sales. 'l'he state of Florida. for example, is said to have an agricultural industry that generates $6 billion per year. That number i~ derived solely from direct farm-gate sales data reported by the U.S. Bureau of Census." Another way to determine the value of agriculture m an economy is to ask: What revenues would be lost, in total, to Collier County if agriculture ... and ali the activities directly related to agriculture ... were to disappear? That question guided this study. Consequently. this study also examines the economic values of: Agricultural Services. which include such ~hings as soil preparation and crop services, veterinary services, farm labor and management services. and horticulture services: Agricultural Processing. which, according to the definition in the U.S. Cett.vtts of Matttt. factttrex, includes food and kindred products manufacturing: and o Agricultural Wholesale. wtfich includes merchant wholesalers and brokers in groceries and related items. These analyses provide dollar values for the contributions of agriculture & agribusiness the Collier County economy. Although some of these activities -- such as agricultural wholesale -- are not directly related to local agriculture, they nevertheless are related to agriculture, and have been included since it is the purpose of this study to examine thc contributions to Collier County of not only local agriculture, but all agribusiness. Numbers for local agriculture and for value-added activities that purchase agricultural products from outside Iht county are reported separately. In addition to their economic contributions, the county's agricultural lands are valuable in other ways. The3': ... preserve open space. ... protect well. fiehl.~'. ... provide open areas to recharge .q, rottttdn'atcr aquifers. ... c'rcate att important bt([fer betwecn arbatt dcvc/t,pmettt ami natltral (I 1'~'(1.¥. ... ct,ttribttte to a healthy air .~ttl¥~l)' thrt~ugh thc carbtm o.rygen exchange that is prod, ccd by green phmt.~, and ... prm'idc wildlife habitat -- including httbitttt for tt wide variety of birds and several endangered .~'pc'cics. For example. Collier County's agricultural opcrati~ms contain the majority of critical habitat found on private lands that is considered to be the top priority by the U.S. Fish and Wildlife Service and Florida Game and Fresh Water Fish Commission for the survival and recovery of the endangered Florida panther.' Significantly. many of the healthiest panthers are found on these lands.'~ Biologists believe presera'ation qf pa,ther habitat on private lands is essential if the animal is to avoid extinction. Moreover. this habitat plays a vital role in thc protection of many other imperiled wildlife populations in south Horida, including sand hill cranes, swallow-tailed kites. wood storks, Florida black bears and crested caracaras." It is hard to assign a dollar value to these attributes ... but the)' are nonetheless important ... for the',' provide an an'ay of environmental benefits ... and contribute to thc county's quality of life. -5- Policy Implications The findings of this study indicate that agriculture may be much more economically important to Collier County than previously understood. Thi.,,. in lurn. may ha,.',.: numerous policy implications for the county. If one looks at the comprehensive plans adopted by Florida',, 67 counties it is apparent that ... in the minds of mosl planners and policy makers ... a.gricullt, rc doe~ not have it future in thc state of Florida.'" Collier County's Comprehensive Plan has strong provisions to protect the county',, environmental resources. In fact. much ~1' Iht county is considered environmentally sensitive and more than hall' ix in public ownership." But agriculture ha.,, been given much less attention ... and cm~.,,ideration. While the county has adopted a Conservation Element in its Comprehensive Plan. it does not have an Agricultural Element (which is an optional, but not required Clement}. Lands in agricultural production cover almost one-quarter of the county. Yet the 5.t)O(l-pa.,...,e Comprehensive Plan contains only 9 pages with references to agriculture, and the c,mntx's 617-page Land Development Code contains, just 7 pages ~,pccific m agriculture.': Robot! E. Blanchard. Collier County's Growth Plannin,, Director during the time th,: Comprehensive Plan was approved, states that thc treatment ()f agricultural issues in thc county's comprehensive plan i~ based on thc premise that ":,griculturc is (mc {ff thc three major economic sectors ia thc Ctmnty along with thc construction industry and Itmrisn'L'"' Yet construction and tourism arc given much more attention -- in thc county's planning effort:.. in the county's economic development efforts, in the amount of attention devoted to infrastructure and service needs, and the amount of time devoted to policy decisions. In fact, if urban and suburban build out proceeds according to the local comprehensive plans that are already approved and contained in state law ... al_.! private ag and forestry land in Collier County ... and else~s'here in the state ... could disappear, along with its open spaces, natural resources and economic contributions to the state and local economies. '~ As the l.and Acquisition. Planning and l\,lan;.lgelllelll ('omIl~fitlcc ~1' the state's Water Managemem District Review Commission notes in a November 1995 report: There ~tre apl?ro.rinlately 34 millio~l acres t{/'/and within the State of i"lr~ridtc This number is appro, rimate due to. tilt(oil.t; other./}u'tor.~', the reality thttt thr' State of Florida as represented by the Divi.¥itm r!/'State l·ands doe.~' not act(frilly kntnv how much land the state ownx ... ttowevet; haxed on this estimate, the Cfm(mi(tee he~trd that approximately seven million acres may be sovereign hinds: that approximately eight million ttcr~'.~' art, currently itt public ownership: ttrI>at! tlr'errs of the state accotttlt J'e~r al~l~rt~.rimtllt,ly fivc millitm act't'.~' e~f land and that till ~ulditionalj'ive milli~m acres will he required for thc growth arid development of those ttrbatl areas; ti(id approximately 6..* millitm ~tcr¢,.~' have been identified tl.¥ needing t~ be conserved -- which leaves approxitr, ately 3.2 million acres remaining. ~' lemphasis addedl Moreover. the Committee reports: The Southwest Florida Regional Phmnin.~ ('tram'il estimates that ~[ the state is allowed to grow into the densities allr~wed in the ctrrrently-rldopted comprehensive plans. Florida's pe~ilulatitm qf apl~roximately 14 million will drastically increase to elpproximately 97 nlilliml petq~le. '~ The question must bt' answered: Is there a future fi}r agriculture & agribusiness in Collier County? If so, what steps must the county take ... now, one year from now, three years from now, and five years from now ... to ensure a stable, sustainable future for agriculture? One purpose of this study is to describe what's at stake for the Collier County economy if "build out" continues to proceed to the intensity designated in thc Collier County Comprehensive Plan. It is hoped this data will assist the agricultural community ... and Collier County ... in asscssing its policy options and deciding future Courses of action. The choices arc important: The decisions made today will shape the appearance, environmental quality and economy of Collier County tomorrow. About This Study This stud)' consists of five sections: I. The Total Economic Output of Collier County hv huhc~trv: 2. The Ectmomic Impact,~' (~f Agricuhtu'e & Agrihu.~'it}ess: 3. The Community Revenues & E. vl~en.~'es Generttted by Agriculture & Agribusiness Conlpared with Other Land Uses: 4. Die Opportunity Cost of converting agricultural land to another use: and 5. The Social & Environnlental hnpacr~' ttf Agricuhure. Ail data reported in thc study are for 1992 unless otherwise indicated. The first section, the Total Economic Output by Industry. calculates the direct economic output (business revenues), employment and payroll for each industry segment in order to present the order of magnitude of each industry's economic contribution, using data from the 1992 Economic Censuses (Census of Retail Trade: Census of Wholesale Trade: Census of Service Industries: Census of Financial. Insurance and Real Estate [FIREI: Census of Transportation. Communications and Utilities' Census of Manufactures: Census of Mineral Industries: and Census of Construction Industries). The Economic Impact section presents the value contributed to the overall county economy by agriculture & agribusiness. The results are shown as the "economic impacts" ofagricuhure & agribusiness. This refers to the amount of economic activity that is directly and indirectly caused by an industry. The economic impact looks at three factors: output, or sales fin dollars). employment (number of jobs) and earnings (payroll). Other information such as the amount of federal income tax and local property tax generated and the value of capital investment also are reported. The numbers in this section were calculated by taking cash receipts figures {or output) for the value of products exported out of the county (see page 13 for a more detailed explanation of why exported value was used). Figures for cash receipts were supplied by the Collier County Cooperative Extension Semice, and other output figures were taken from U.S. Census infomation. Employment and payroll figures were supplied by the Florida Department of Labor. To calculate economic impact, these figures were multiplied by Regional Economic Muho~liers. provided by the Florida Department of Commerce. This multiplier is applied only to sales outside the county, not to local sales that are generated within the county. This multiplier accounts for the indirect impacts {'such as sales of fertilizers and equipment to growers) and induced impacts (such as spending by employees) that result when money brought in from outside the county is spent locally. -7- Thc dire~'t, plus imlirect and imhtccd impacts that result from agricullural industry sales were calculated by multiplying thc numbers l~r thc direct cash sales of agricultural produce and ~nanufi~ctured products by thc Regional Ectmt,nic Mtdtipiicr.v computed lBr Florida by the U.S. Department of Commerce. Bureau of Econmnic Analysis. using their Regional Input- Output Modeling System (RIMS II). The basis of the RIMS model is a transactions table showing the distribution of sales and the pattern oF purchases for each sector of the econmny. For each sector, the IransaclJons lable reflects the dollar value ~I' sales lo every other seclor and the dollar value of purchases from every other secton in ct't~ct, thc table provides a piclure of interactions between sectors in thc Collier County and Florida economies and allows iht flow of dollars to be traced through thc economy. This informatitm allows thc calculation of multipliers which can be used to assess the total contribution of a particular sector to the county economy. For example, the output muhiplicr for agricullural products that are sold outside Collier County -- such as oranges, tomatoes. cucumbcrsand watermelon-- is 1.6571. This mcans that a one dollar increase in sales outsidc the county by thc fruit and vegetable Jnduslry will have a lotal impact on the county of alm~sl $1.66. This total includes thc initial sale ofSI.0() plus S0.66 in indircclandinducedcl'l~cts.~' The Community Revenues & Expenses (CRE} section analyzes thc costs of services provided by thc COtl~lly and schools to each of six lypcs of land uses: Re.vidcntittl. Ct~t~tttle, t'f'itl[ & Imlttstrial. A.q, ricttltu,'al Related, [Stcont. Op~,n and Othe, r and then compares these expenses to thc revenues contributed by each land use. {"Revenue" consists of not only property taxes, but also all other types of revenue including state and federal aid. sales tax rebates. I~cs charged tbr services, l~cs fin' licenses and permits, etc. Revenues listed by Ihe school district are included as is everything the county lists, except for interdepartmental Iransl'ers and monies carried forxvard. For a complete list. sec page D7 in thc Appendix of the full technical rep~,rl.} The results of this analysis show. first, thc revcnuc~ and cxpcnttiturcs of each type {~1' land usc as a percent of thc total and. second, as ratios. Thc ratios show the relationship between revenues and expenditures for each land usc by comparing thc amount spent for each land u~e t~ every SI.(}() c~m~rihutcd in revenue, i:~r example, this sludv found that $1.20 is spent by Collier C{~unty government and schools on residential land uses for each Sl.00 contributed in r~vcntlc. The rest, lis of this section were c;,lcul;,ted b5 :.: ~ taking tile actual 1994 revenues and cxpcns,.'s reported iii the Collier County 1994 . Adt~ptt, d Bud.~,et. Comprehensive Allllttttl b'inatlcitl/ Rep~t't - )~'tlt' Ended September 30. /993 and thc Rept~rt ~m Audit t( the <'~ttt~tx' Di.vtrict Schot~l Bt~ttrd. These revenues and expenses were then allocated land uses based upon the allocation methods shown in the Appendix of the full technical report on page DI. The sums of all revenues {2~r each land use was compared to the sum of all expenses for each land use and thc results were presented as a ratio. The Opportunity Cost section computes the economic impact of residential development and some of the major agricultural products on a per acre basis by using the Regitmal Economic Mult¢/ierx. These results are then extended over time to show the relative long term and present value of each use in order to demonstrate the loss or gain to the economy when an acre of agricultural land is converted to residential use. Thc section on Social & Environmental Impacts of Agriculture examines a variety o1' other studies to look at: Effects of Pesticides on Ground Water: Usc of Water by Agriculture: Migrt.,nt Worker Issues: and Citrus Operations' Effect m~ Wildlife. Summary of Findings Many people believe land should be used fl~r its "highest and best" economic usc. It is ol'tcn assumed that a higher economic return can be gained by building on a parcel of land to crc;tie a residential development -- instead of leaving it as agricultural hind or open space.~' This assumption is based largely on two beliefs: I. Residential development helps lower property taxes by increasing the tax base. 2. Residential development contributes more to the local economy than agriculture or its related land uses.'~ This study reveals that, for Collier County. neither belief is true. I In fact. several {nher communities also have found these beliefs not to be supported when the revenues and expenses generated strictly bv residential development are analy~.cd. See thc excerpt from the Amcric~,n Planning Association newsletter. "Public Investment." beginning on page Ill in the Appendix of the full technical report.) Total Econotnic Output The first part of this I'ive-part study, thc Total Economic Output by b~dustt3', uses data from the 1992 Economic Ccn,,uses to calculate thc direct output (sales). employment and payroll of each of the major industry segments in thc county in order to show the relative importance of each. The industries were broken down into "major industry sectors" as follows: Food & Fiber Hospitality Manufacturing Construction Services Non-Agricultural Retail Non-Agricultural Wholesale Other Industries Retirement & Disability The table on page 11 shows what businesses arc included in each sector. The agricultural industry is included in a category called thc F, od & Fiber sector. Restaurants, supermarkets. forestry and natural lands also are part of this category. Food & Fiber is shown as a separate industry to highlight its importance and to show the relationship between agriculture, its related industries and the food each of us eats every day. The summary table on page 12 shows the total for each sector as well as the elements that make up the Food & Fiber and Agriculture sectors. Total Economic Output In 1992, all businesses, services and industries in Collier County: ° generated almost $5.9 billion in sales. o employed 78.0{)0 people, and ° had a payroll of Sl.4 billion. Industry Rankings Here were the rankings of the top industrial sectors: Annual Sales ° The Non-Agricttlturai Retail sector was first, with 2t. I ~ of the oulput {$1.2 billion in sales): o Food & Fiber was second with 20.9% of output ($1.2 billion in sales), and o Services was third with 17.6c~ of output (Sl.0 billion in sales). Employment o Food & Fiber ranked first, with 29.8ck of the county's workforce (23.302 employees): ° Services was second with 24.9ek, of thc total workforce (I 9,466 employees); and o Other lndu.~tries was third with 17.0~c of the workforcc {13.285 employees). Payroll o Services was first with 29.3ck of the county's total payroll ($412 million): o Other lndu.~'tries was second with 25.5ck of Iotal payroll ($358 million): and o Food & Fiber was third with 16.4c/~ of total payroll 15230 million). (It is not surprising that Services ranks high in payroll, even though it often is thought of as being comprised of low paying jobs. Included in Service.~' are such professions as lawyers. engineering firms and accountants, as well as housekeepers and janitors.) The table at the bottom of this page summarizes these findings for easy reference. The table presents figures for two categories: I. The total economic output (total of all sales), employment and payroll for all business sectors in Collier County. 2. Output, employment and payroll for the Food & Fiber sector. This sector is broken out and shown separately in order to emphasize its importance. This sector includes Ag Prodttction, Ag Ptwcessing. Ag Services. Ag Wholesale, Natttral Lands & Forestry, Restaurants and Ag Retail. Ag Retail includes the part of groceries that are food items (based on a percentage provided by the grocery industry). The Food & Fiber sector includes all industries that arc related to food or fiber ('forestry. for instance) in order to show how important and extensive this industry really is. ECONOMIC OUTPUT TOTAL: FOOD & FIBER: Summary of Findings Collier County, Florida 1992 Output Employment Payroll $5.9 billion 78.086 $1.4 billion $1.22 billion 23,302 $ 230 million SECTO~ I~OUSTRIES I~,tCLUDED I~ SECTOR AG $ERV',CES LAND RENTAL & MIS(:: AG PROCESSI'~IG AC, PROI~J~TI~ I~L~ TUA~. kANCS · IrO~ESTRY ~ RET~L MA,SqUFAC TUF NON-A~ RET,r IL CONSTRUCT~ SERVICES NO~-AG W~¢K. ESALE OTHER INOU~TRIES ~3 $1~,/C$ SO~L PREPCROP $RC~ CUSTO~K (PLOWlNG I~NTG. ETC~OR OTHERS RENT~ ~ ~RNMENT PAYMENTS OTHER F~M RE~TEO F~ ~uF~TUR;~(I) ~ PRO~T~ (CR~ A ~ PR~CT~ CR~S ~ PR~UCT~N L~ST~K FARM SUPPLIES ~ERIES & RE~TED P~TS I~E~EI BEER ~E ~STILLED~C~I~E~EI FAR.PRaT ~W ~ATER~S (~E~E) L~BER i ~ ~TS ~t P~ER & ~L~ED PR~T~ LW~R & OTHER ~L~ ~ATLS ~ERS LUM~R & OTHE~ C~STR R~L NURSERIES ~ i ~N SUPPLY STORES RET~ ~RIES OTHER F~ ~ERY ST~ES IF~ L~ ST~ES ~TELS ~Mt~ ~SE$ ~MPS & OTHE~ OTHER MAN~F~TURI~ ~ I ~E ST~ES ~INE SEMPE OTHER Ml~ R~L STO~ES (3) FURNITURE & HOUEFURNISHIN~ ST~ES ~LE ~ME D~LERS ~P~EL ~O ~CE~Y ~NE~ UERC~DISE STORES ~TO~T~ DR~ & PROPR[ET~Y STORES GR~ERY STORES (NON F~D P~NT ~ & WALLPAPER ST~ES BL~ PERMITS · ~IT~N~TE~T~S CONSTR~T~N TOTAL EMPLOYEES & PAYR~L BL~ PERMITS - RESIO~NT~L BL~ PERUtTS - NO~RESI~ENT~ AMUSEMT & RECR~ION M~ES MUSEUMS AUTOMOT~ REPAIR SE~CES & PARING SEKE ~EMPT FROM FED INCOME T~ES H~TH SE~ES MI~ REP~R SE~ES E~ERI~CT~ RES~CH ~T ETC LE~ SE~ES BU~NESS SE~ES SELECTED E~T~ 5EKE ~E ~S ~CEPT LUMBER & BL~ ~E ~CEPT ~NE~TED FI~. INSU~CE R~ ESTATE IN~STRIES ~T~Y INSTITUTES ~E~SIT~ g INSTITUT~NS SECURI~ & COM~ BRO~RS D~LERS ~S ~O SER~ES IN~E ~RIERS ~SU~NCE AGENTS B~O~RS & SER~E R~ ESTA?~ ~ & OTHER ~$TMENTS ~F~ES FED ~ * OTHER ~RECT ~TS TO IN~S (2J FED. ST & LCL ~ - E~S& MI~ EM~O~ENT T~TAT~ SEKES L~ P~R T~T T~TA~ (ITEM ~ST~ RECEIPTS ~T~ FRE~T & W~E~ ~R WATER ELECTRO ~ & ~NITARY SER~ES UT ELECTR~ ~ RETIREMENT & DISABILITY FED GOVT - RETIREMT l, DISABtLITY PAYMENTS 'NOTE Tt~ F ~n~ ~ M Laba~s ES 202 reports gwes S~C coMs W WCet~ use~mh$-,~"~n suc~e$1~eU S ~ -I1- J t003 TOTAL SSU.~Q4 71,0# SIT.liT EMPLOYMENT BY SECTOR (11 ~) I%,ON ~ ~CTAJ~ GROSS OUTPUT BY SECTOR J PA'~ROLL BY SECTOR J 1 The Economic Impact of Agriculture & Agribusiness The second part of the study, an analysis of the Econtmtic/m/~u't.~' t~/'Agrict#tttre & Agritm.~'itwx.~'. describes the value ol economic activity that is generated by agricultural production, services. processing and wholesaling. Economic impact i~ the amount of money flowing into the economy and the number of jobs created as a result of a particular industry's salc~, plus related sale~ of supporting induqrics. and the resulting "ripple efl~cts" caused by these sales through spending by employees to buy consumer goods and services. Because agricultural production and other agribusinesses produce products or services for sale outside Collier County. which serve to channel outside dollars into the county, they are known as "export" or "basic" industries. Ninety-seven percent of Collier County's agricultural products are exported to markets outside the county. All of these sales import dollars into the county. The agricultural producers, in turn. use these dollars to pay their employees, pay property taxes and purchase supplies and services. These dollars are then re-spent by each employee, by local governments and by the businesses providing sales and services to agricultural producers. Thus. the dollars generated from the sale of Collier Cmmty agricultural products are circulated and re-circulated throughout the county economs. Without products and services to export to generate sales, an cco~loll~y will stagnale, and eventually shrink, since money is being constantly exported out of the county through the purchase of products and services off, red by companies in other states and countries, payments to state and federal agencies, travel and payments on loans held by investors outside the county. This process of expanding the economic employment and income base of Collier County economy through economic interactions of the agricultural industry and other economic sectors is known as the "multiplier effect." Economic impact, which is the combination of direct cash sales outside the county plus the "multiplier effect" that these sales have on the county's econmny, is calculated by using a Regional &'mu, mic Multo~lier computed by the U.S. Department of Commerce. This multiplier is applied only to the income that results from sales outside the county, not to local sales that are generated within the county. This muiliplier accounts for the indirect and in&wed impacts that result when money brought in from outside the county is spent locally. The following diagram illustrates the flow of money into and around the county's economy. Not all the money coming into the county for agricultural products flows through farmers. Some of it flows through distributors, shippers, packers, processors, farm stands and grocery stores. -13- I I I I I -14- Here is a summary of the findings: Agricultural Production Armual Sales: Agricultural output for 1992 (farm-gate sales), according to the Collier County Cooperative Extension Office, was $326,152,000. Employment: 9,670 jobs Payroll: $83.3 million in annual earnings Economic Impact: When the Regional Economic Multipliers are used, these figures reveal an economic impact of: ° $534 million in sales: ° 14.939 jobs: and ° more than $132.7 million in earnings. Other Impacts Agriculture and agribusiness generate: ° approximately $2 million in federal income taxes a year from employees. Agricultural Production alone: o generates almost $5 million in property taxes,:" and o has a capital investment of over $629 million. Agricultural Sera, ices Annual Sales: $101.9 million in direct output Employment: 3,200 jobs Payroll: $33 million in earnings Economic Impact: When the Regional Economic Multipliers are used. these figures reveal an economic impact of: o $102.5 million in sales; o 3,218 jobs: and o $33.2 million in earnings. Agricultural Production & Services ,- Combined Since Agricultural Services are so heavily dependent upon local agriculture {only I C~ of Ag Services are exported outside of Collier County), they can be combined to look at impact. The Regional Economic Multiplier used is for agricultural production and services combined. This multiplier is designed to avoid any double counting that might occur by combining the sales numbers together. The combined economic impact represents the: Total Economic Loss if Local Agriculture Was to Disappear o $636.6 million in annual sales o 18,157 jobs o $165.9 million in annual earnings Much of Collier County's agricultural processing and agricultural wholesale industries r, re independent of local agriculture, since the majority of the agricultural produce and products to which they add value originate from outside the county. For this reason, while these firms -15- make significant economic contributions to the county, the;r cc, n~.ributions cannot be combined with the benefits derived from local agriculture. The presence of a strong local agricultural industry may encourage agricultural processing and wholesaling firms to locate in Collier County. Agricultural processors and wholesalers do buy local produce ... sometimes in large quantities. Data was not available for this study, however, to segregate the portion of agribusiness that is generated by local agriculture from the portion that is independent. For purposes of highlighting the importance of these firms, their impacts have been calculated separately. Obviously, money flows out of the county when food processors or wholesalers purchase agricultural products from outside the county. The Regional Economic Multipliers used take these transactions into account. Also, the numbers used to calculate impact for agricultural wholesale are its sales margins, not total sales. Agricultural Processing Annual Sales: $2. I million Employment: 16jobs Payroll: $28 !.633 in earnings Economic Impact: When the Regional Econotnic Multiplier., are used. these figures reveal an economic impact of: ° $4 million in sales; o 61 jobs: and ° $843,491 in earnings. Agricultural Wholesale Annual Sales Margins: $21.8 million Employment: Payroll: Economic Impact: 950 jobs $16.3 million in earnings When the Regional Economic Muhipliers are used, these figures reveal an economic impact of: o $34.2 million in output; ° 1,665 jobs; and ° S24.4 million in earnings. When agricultural crops are lost to freezes, development or for other reasons their economic contribution also is lost. The only ways to replace these losses is by: o Expanding existing industries and business enterprises so they will bring additional money into the county to replace the loss, and ° Attracting new industries and business enterprises that will bring in a comparable amount of economic activity. When agriculture is replaced with a land use or activity that does not bring as much wealth into the county, a significant loss can result ... a loss that can have a ripple effect throughout the entire economy, and can lead to reductions in sales of new homes and consumer products. layoffs, cutbacks in services ... and even tax increases. -16- 8A1mm The following two tables summarize these findings for easy reference. The first section of Ihe first table lists the direct output, employment and payroll of all of the industries that are closely related to local agriculture The indirect and induced impacts of each industry are shown next. Finally, the total economic impact is shown for each industry. The second section lists the projected economic loss to Collier County ii' local agriculture v,'a.,: to disappear. The impacts of Agricultural Prt~dttction and Services are added Iogether. since they are interrelated. The second table lists the direct output, employment and payroll for the industries that purchase agricultural products that are grown and/or produced outside of Collier County. The indirecl and induced impacts of these industries are shown next. Finally, the total economic impact is shown for each industry. With the exception of Agricltltttral Prodttction and Agricttltttral Services, which have a Regio.ttl Economic Multiplier specifically for con'tbining the two categories together, it is not possible to add the other categories together. This is because the Regional Economic Mttltiplier.~ for agricultural processing and wholesale include industries that are effected by these activities. such as local growers who sell raw or packaged products to these firms. Therefore. adding thc impacts together would cause some numbers to overlap and would result in some double counting. Summary of Findings Collier County, Florida 1992 ECONOMIC IMPACTS OF LOCAL AGRICULTURE & AGRIBUSINESS Qutput Employment Payroll DIRECT: Agricultural Production Agricultural Services INDIRECT & INDUCED: Agricultural Production Agricultural Services TOTAL IMPACTS: Agricultural Production Agricultural Services $ 326 million 9.670 $ 83.3 million $ I01.9 million 3.200 $ 33 million $ 207.9 million 5.269 $ 49.4 million $ 0.6 million 18 $ 0.2 million $ 534 million 14,939 $ 132.7 million $102.5 million 3,218 $ 33.2 million POTENTIAL LOSS IF Collier County AGRICULTURE WAS TO DISAPPEAR: Agricuitttral Production & Services $ 636.6 million ! 8. ! 57 $ 165.9 million -17- Summary of Findings Collier County, Florida 1992 ECONOMIC IMPACTS OF OTHER AGRIBUSINESS ACTIVITIES DIRECT: Agricultural Processing Agricultural Wholesale (Sales Margin) INDIRECT & INDUCED: Agricultural Processing Agricultural Wholesale (Sales Margin) TOTAL IMPACTS: Agricultural Processing Agricultural Wholesale (Sales Margin) Outpul~ Employment Payroll $ 2.1million 16 $ 0.28million $ 21.8 million 950 $ 16.3 million $ 1.9 million 45 $ 0.56 million $ 12.4 million 715 $ 8.1 million $ 4 million 61 $ 0.84 million $ 34.2 million 1.665 $ 24.4 million -18- ECONOMIC IMPACTS OF AGRICULTURE & AGRIBUSINESS COLUER COUNTY, FLORIDA AGRICULTURAL PRODUCTION Total (1) Percent Exported (2) Exported Value Regional Economic Muli~plier (3) Plus Local (Total less Exported) ECONOMIC IMPACT: AGRICULTURAL PROCESSING Total (1) Percent Exported (4) Exported Value Regional Economic Muli'dplier (3) ECONOMIC IMPACT: OUTPUT $326,152.000 97% $316,367,440 1.6571 $524,252,485 $9,784,560 $534,037,045 $2.105,085 100% $2.105.085 1.8913 $3.981.347 EMPLOYMENT 9,670 97% 9,380 1.5617 14,649 $290 14,939 16 100% 16 39315 61 PAYROLL $83,321.378 97% $80,821,737 1.6113 $130,228,064 $2,499,641 $132,727,706 $281,633 100% $281,633 2.9950 $843,491 AGRICULTURAL SERVICES Total (1) Percent Exported (4) Exported Value Regional Economic Muli~plier (3) Plus Local (Total less Exported): ECONOMIC IMPACT: $101,867,473 1% $1,018.675 1.6571 $1,688,046 $100,848,798 $102,536,844 3,200 1% 32 1.5617 50 3,168 3,218 $33,012,000 1% $330.120 1.6113 $531.922 $32,681,880 $33,213,802 AGRICULTURAL WHOLESALE Total Sales (1) Margin (8) Total Percent Exported (4) Exported Value Regional Economic Muli'dplier (3) Plus Local (Total less Exported): ECONOMIC IMPACT: $217,956.000 10% $21,795,600 x 99% $21,577,644 1.5753 $33,991,263 $217,956 S34,209,219 950 99% 941 1.7599 1,655 10 1,665 $16.315,000 99% $16,151,850 1.5023 $24,264,924 $163.150 $24,428,074 -19- ECONOMIC IMPACTS OF AGRICULTURE & AGRIBUSINESS COLLIER COUNTY, FLORIDA SUMMARY ECONOMIC IMPACT OF AGRICULTURAL PRODUCTION ECONOMIC IMPACT OF AGRICULTURAL PROCESSING ECONOMIC IMPACT OF AGRICULTURAL SERVICES ECONOMIC IMPACT OF AGRICULTURAL WHOLESALE ECONOMIC IMPACT IF AGRICULTURE WERE TO DISAPPEAR: ECONOMIC IMPACT OF AGRICULTURAL PRODUCTION ECONOMIC IMPACT OF AGRICULTURAL SERVICES OUTPUT $534,037,045 $3,981,347 $102,536,844 $34,209,219 $534,037,045 $102,536,844 $636,573,889 EMPLOYMENT 14,939 61 3,218 1,665 14,939 3,218 18,157 PAYROLL $132,727.706 $843,491 $33,213,802 $24.428.074 $132,727,706 $33,213,802 $165,941.508 OTHER ECONOMIC CONTRIBUTIONS OF AGRICULTURE & AGRIBUSINESS INCOME TAX GENERATED ESTIMATED REAL & TANGIBLE PROPERTY TAX GENERATED CAPITAL INVESTMENT AGRICULTURE & AGRIBUSINESS (Total of Services, Production, Processing & Wholesaling) $2,036,059 $4,626,500 (5) Not Available AGRICULTURAL LAND AND BUILDINGS (6) $587.833,000 FARM EQUIPMENT AND MACHINERY (7) $2,036,059 $4,626,500 $40,858,000 $628,691,000 FOOTNOTES: I See page Al. 2 Collier Co, Long Range Planning Dept,, Housing Study, Pg. 40 3 Florida Department of Commerce, RIMSII mulfipliers, 4 Estimated export percentages provided by Collier County Cooperative Extension Service 5 Calculated by mulfipling the Taxable Value of Agricuture Related land uses from the Community Revenue and Expenses (CRE) secl~on (see page D4) by the tax rate (calulated by dividing the total taxes levied found on page 667 of the "1993 Florida Sta'ds~cal Abstract" by the Total Taxable Value from the CRE section found on page D4 of this study). 6 '1992 Census of Agriculture, pg. 222. 7 '1992 Census of Agriculture, pg. 258. 8 According to the Florida Department of Commerce, Wholesale and Retail output. for purposes of murdpliers, includes only the "margin", or sales less cost of the goods being wholesaled. Ten percent was the normal margin they reported. - 20 - IIIIIIII I IIIII II II II1! Community Revenues & Expenses The third part of the study, an Analysis of Commttttity Revettues Agriculture & Agribusiness Compared with Other La.d Uses. reveals that residential development increases the local tax base but does not pa)' for itself. Any gain in revenue from residential land uses is lost when thc cost of delivering necessary public services -- such as police and fire protection, schools and roads -- required by people living in these communities is subtracted from the revenues collected. This analysis shows that for every $1.00 generated by residential revenues, thc county and schools spend $1.20 in direct services, thereby creating a deficit. In comparis{m, for every $I.00 generated by agricultural related activities, the county and schools spend only 37 cents in direct services. Consequently. of the $1.00 contributed by agricultural related activities. 63 cents remains, thereby creating a surplus. Commercial and industrial activities also create ti surplus, since fl~r every $1.00 generated, the county and schools spend only 24 cents in services. So even though agricultural land uses generate a much smaller amount of revenue than do residential land uses. every time agricultural land is replaced with a housing development, a small surplus is replaced with a large deficit. The following table shows the ratios of Revenues to Costs for Services for each of the land uses analyzed. Sutnmary of Findings Collier County. Florida 1992 COMMUNITY REVENUES & EXPENSES Land Use Revenues to Ratio of Costs for Services Residential $1.00 Agriculture & Agribusiness $1.00 Comntercial & htdustriai $ I .tX) Vacant $1.00 Open $1.00 Other $1.00 $1.20 $0.37 $0.24 S0.19 $0.26 $0.24 -21 - ............... ......... =, .......... ill II -' '111 II IIII IIIII ' '11 III III ' COLLER COUNTY GOVERNMENT & SCHOOLS COLLER COUNTY GOVERNMENT & SCHOOLS J ..- '&OMM & :";D VACANT LAND USE · ~EVENUE O OPEN OlHEP PERCENT THAT REVENUES AND EXPENSES BY LANO USE NEPRESENT OF TOTAL REVENUE ANO 04Ir TOTAL EXPENSES RATIO OF REVENUE TO EXPENSES BY LAND USE TOTAL COUNTY&ICHOOI. R~"V'INUI: PIRCENTOPTOTAL: TOTAL CO~NTY&$CHO<~EXPENSE$: PERCENT OFTOTAL ~CIAL · INDUSTRIAL AGRICULTURAL RE~DENTIAL (C&I) RELATED VACANT OPEN OTHER TOTAL S35~.043 348 S10.067 REVENUE S1.00 I1.0~ I1.1~ S1,00 1t.(~ S1.00 S1.00 TO to ~o to to EXPENSES $1.2~ S8.24 SO.37 $0.19 ~.~ ~O.~4 Ra~o for Ret~e~l coml:~ed w~ ~ ~1 and Ind~r~l $3.33 664 878 Opportunity Cost The fourth part of the study, the Opportunity Cost Analvsi.¥. compares thc value gained or foregone when an acre of agricultural land is converted m residential usc. This analvsi~ found that residential uses contribute a greal deal to the ecmmmy when a development is being constructed ... but over time it contributes very little. Agricultural land uses. on Iht other hand. contribute on a steady, long-term basis, and several major agricultural land uses contribute much more to the economy than residential tlcvelolm~ent. For example, over 50 years, the contribution of rc.~'idcntial development on one acre o1' land. plus the resale ol'those homes, contributes S815.3 I0 lo the economy ... with a present value of $543.042. Present vahtc and net present value are frequently used intcrchangeably. I'rc.~'cnl value represents thc present worth of an even flow of money over a period of time. Net prt'.~'cnl valtu' represents the present worth of a variable flow of money re'er time. Although for simplici[y sake the term present value is used in this study, the net prc.~ent value formula was used since the cash flows are variable I'mm year m year. This is the amount of money that would have to be invested today in another business, economic activity or security ... with a rate of return at least equal to thc rate of inflation ... to replace thc revenue that agriculture contributes to thc economy. One acre of citrus contributes .$532.454 ... for a present value of $ i 09.486. An acre of tomatoes contributes even more ... $3 million ... for a present value of S613.595. The following table shows the results of the study's Opportunity Cost Analysis. Summary of Findings Collier County. Florida 1992 OPPORTUNITY COST ANALYSIS Residential Construction & Resale Retail Citrus Green Peppers Tomatoes Economic Contribution over 50 years/acre S 815.310 $ 984.999 $ 532.454 $ 2.108.516 $ 2.984.042 Present Value 543.042 202.54 I ! 09.486 433.564 6 i 3.595 - 23 - OPPORTUNITY COST Impact to CoflJer County Economy Over 50 Yeor$ i SI 0 $; ~ 1 ,- 508 St'; ~' 0 RES CNST & ~ESALE TOTAL AG ALL C~ TOMATOES - ~ETAIL CITES ~EEN PEP~ AL[E~NATIVE ~ND USES PRESENI' VALUE' C~F~'opPo,2:I'UNiTY cosT'-~- Impact 1o Collier Co:~rffy Econorr:y Over ~ Years udm 600i r,,Z 502 0 RES CNST & RESALE r~ETAIL 506 501 TOTAL AG so 4 so I ALL CROPS TOMATOES CITRUS GREEN PEPPERS ALTERNATIVE LAND USES - 24- The fifth part {il' this ,~lt~dy looks at s{m~c t't~llllll{~ll pcrccpli{ms ~B~tll agriculture ... such as ils impact on the environment and thc social costs its creates through Iow paying jobs. Several other studies have analyzed Ihesc issues. These studies shrew that: I. Thc pcsticidc~ currently used in s~uthwcst FIt~rida agriculture d~ not have a harml'ul ctTcct on ground water. 2. Although agriculture is a major user ~f' water, it will bc ~}utpaccd by residential uses as growth continues. Additionally. agriculture recharges thc county aquif'crs whereas much of thc runol'f from developed areas goes into thc Gull' {,I' Mexico. where it is lost as a source of water for replenishing thc aquil'crs. 3. Farm workers do not experience poverty dt~c It~ inappr{~priately Iow wages (thc mcan hourly wage is $7.08 an hour for citrus workers}, but rather to unemployment in thc off season and underemployment in the season due to weather and harvest cycles. The social services needed by Iow income families would not go away il' agriculture was to go away. but would continue since the demand t'or service workers and other Iow pay jobs would increase with development. 4. Studies show that citrus operatit~ns, while increasing in Collier County, can avoid negative effects on wildlil'e by using designs that preserve upland forested areas and permanent water holcs. When these techniques arc used, thc wildlife continues to thrive. The findings of these studies are described in more detail, starting on page 64 of the full technical report. Conclusions The finding,,, from this study indicate: I. Farming for food and tmusing I'or sheller arc both necessities. Agriculture. however, is an engine that drives thc ecom)my. Housing is not. It is a service. Moreover, it requires large amount,~ of infrastructure -- a~:tl, hence, tax revenues -- to support. 2. Agriculture & agribusiness make sig::ificant contribution.,, to Collier County's economy. job base and payroll. Agriculture & agribusiness also pr{~vide a surplus in revenues to county government and schools. 3. Although the proportion ol'total revenue that is contributed to the tax base by agricultural land is relatixely small, this contribution is more than cn(mgh to pay for the community services it requires, such as roads, p~licc and [irc protection. 4. Common assumptions about agricultural activilics shot~ld be questioned, such as th,,.' assumption that agricullurc ctmtributcs very little to the economy.., that it gets a"free" ride at the expense of other taxpayers because of its low property tax rate ... that it is a temporary land use awaiting conversion to a higher and better land use, such as residential developments ... and that the county ,,,.'ill bc better served by converting agricultural lands to other uses. 5. Collier County has two distinct types of agriculture, with distinct opportunities for economic expansion and differences in the way in which they can fit with or co-exis! with encroaching urbanization. High inten.sity agriculture (such as ~rnamentals, vegetables and citrus) is ti major income- producer for the county. Some high intensity agricultural uses-- such as nurseries.- - 25 - ............... mi) ......... lUlll ........................... Il IIII IIII i m can c~exist ~ ilh nearby urban usus. ()lhers are I'~rccd t~ modil'~- Ihcir opcralion~, ur relocate, since the odors, duhl and xpray drift Ihal are a natural p~[rl (~1' these operations often cause conllicts wi~h their new ncighhor~ ah t~l'han Uheh fill in around (hem. There i~ a limil, however. Io h()~v many lin]e~ IlK'he ,,pcrati(m~ can nmvc a~ urbanization force~ lhenl OLII of one h~cali{m al'~er anolher. Moves are expensive. Soil condi~ion~ vary Ihroughoul thc COtllllV. ~VJlCI1 Llll a~ricullural opera~i(m is forced Io move to an area where soil condilionh are Ichx c-mluci~-c [,) cnq~ produc[ion, more inpulh arc required -- in ~hc fi)tm (d' nutricnth, hcrhicidc~ and pch~icidc~ -- Milch add Io operating cost~ and incrcahc thc rihk~ ofcnvirtmmcnlal impaclh. Wa~cr also ih ;i ma. jor limitin~ faclor. Under current water polJcJ~h. (~pl~orttlllJtich for illOx[ 'a~ricuhural ()pcratJ(mh 1() relocate have hccn hcvcrcly reduced.:~ Low intcn.vi/v ,/,~riculru/'c {~uch an cattle ranchin~ is .jusl as illlpOrlalll It) the CoLInl)', but t'()r vastly different rcas(ms. It Ill;fy prodt]cc a'lt~w rclurn on a dollar per acre. basis. bul il provides an cc(momicallx' viahle use Ih;ti allows private landowners to maintain open ~pace. crilical wildlife hahilalx and w;,cr l'eM~tll'CCh for the hcnefit ()1' all counly rcsidcnt~ ... at no cost I() the public. l.~x~-intensily a~ricullural uses can utilize soils that arc not desirable fl)r crop production, and can easily ~ncorporatc wetlands, hamlH()cks, pi~lc uplands and greCllkVa)' corridors into their opcrati(ms. CollVel'till~ the~c lands tt~ urhan tiSCh X~ ill mcan thc I(~hh t)l' lheir natural reh()urc~h and wildlife values. Purchasing them with public nlollich max hu prohibitively costly. Althou,,h the tax revenues and cct)n()mic c(mtrilmtjon~ produced hy Iow intensity agricultural uses are small when compared with other land LlhCN. the co~ts for thc services they require are even smaller. When these land~ are purchased with punic monies, their tax revenues and ec(momic c(mtrihution~ arc lost. Thc public also must pay fi)r purchasing lhese lands, for makin,; capital imprt~xcmenth and for providing ongoing annual maintenance and management. ~Vhcn put~lic budgets arc cut. maintenance and management of public lands ()l'tcn ih o11c ()f thc first cate~()l'jCh to stiff'er, which in turn. allokvh these lands to degrade, become invadcci kkith CX()~ic species and. with the build up of undergrowth, be at greater risk ,d' severe damage ~r habitat destruclion as Ihe result of intense fires. The results of this study show thal ~mc tff' the mos~ ct)si-effective ~vavs of maintaining open space and wildlife habilals in the county may be to encourage p~ivale landowners to continue Iow-intensity agricullural Because of the challenges curremly fi~cing thc heel' industry, which is undermining ils profilahilily ... and survival ... the county may wish t~ consider initiating a program Io pay privale landowners to make capital i~lveslt~lc~Hs and carry otH annual maintenance and management of the open areas, wildlife habitats and natural ~csources on private lands ... as an incentive t() prcxent iheJr conk erhi()n to more JlltellSC uses ... and as a cosbsaving measure Io pr()lecl these resources widmut the debls Ihat w()uld he incurred by puhlic acquisition and the h)ss ()1' properly tax and economic revenues generated by ~hese lands. Allhough residenlial use generates ~ignil'icanl revenues, it represenls a large financial liabililv to all taxpayers because ()f dClllalld I'or services, such as police and fir~ protection, schools and r()acls. Much t)l'lhis liability is in thc form of"unfundetf mat~clalcs" :,ince many costs-- such as adequate classroom capacity in public school> -- arc bein~ deferred. ~hese "unfunded - 26 - mandates" were not captured in the numbers reported in this study, since the study used acttta[ expense and revenue numbers from county and school budgets. It is obvious. however, that some areas of thc county -- and so111c service sectors. ~tlch as schools -- arc receiving less than thc optimal amount of funds needed to provide adequate levels of service fl.~r current residents, ttence, thc county is already facing the need 1o "caleb up." even before new residents arc added. When service levels arc increased to mccl public demand, and thc bill comc~ duc for increasing service levels up to thc capacitic, rctluircd, the county nlav face the uncomfortable necessity of raising taxes or compromi4ng or cutting ~crvicc~ -- or. worse, having to do all three t leaving re~itlcnts with congested roads, crowded and poorly maintained public facilities ... and even i~ighcr taxes). These choices--and dilemmas -- arc becoming apparcm in man5 l'a,t-grox~th communitic~ throughout thc country, such as DuPagc. lllinoi, ~cc Appendix. pagex lli and IV of thc full technical rcport~. C~.llier County currcnllx ha~ thc tq~D~rttmilx to axoid ~omc of these pitfalls. Replacing agricultt~rc with u~c~ xuch a~ residential dcxclopmcnts, replaces a small surplus with a large deficit, t',,r th~, rca,on. ~ x~,mld bc prudent for development to be planned for ... or directed I,, .. area, that arc m,l currcntlx being u~cd for agriculture. C{)mmon assumpti~mx ab{mi thc x aluc ~*f rc,~dcntial dcxchqm~ent should be qucslioncd. such as thc assumption that i~ pa>~ tt~ wax ... l{,~crx pr,~pcrty taxes ... and should be considered aq a preferred land u,c x~ hen ore,pared xxilh agriculture, agribusiness. "clean" high-tech industries, open ~pacc {~r [,thor natural land uses. County records are not kept in a manner that delineate revenues and expenses by laml usc. ~orthi, reason, itisnot rcadilyapparcntlhatresidentialusescreateudeficit. that agricultural uses create a surplus. Conscctucntly. county decision makers only sec one side of the coin: thc extra revenue brought in by residential development. The other side of thc coin. thc costs of services required by residential development. are not easily visible. There are several reasons fl~r this: Residential land uses appear to be fiscally attractive because they provide short term stimulus to the economy during construction and contribute a significant amount of revenue to thc tax base. Impact fees paid by developers provide large infusions of cash. which often appear on the books long before the costs these fees are designed to offset are incurred. The full impact of the costs associated with the services needed by a residential development, such as fire and police protection, schools and roads, may not become apparent for seve,'al years ... after thc impact fees paid for specific housing units have been exhausted ... and after all the housing units are occupied and their residents begin using their full share of public services and infrastructure. Because of the continuing nature of growth, the addition of new taxables. the expansion of the tax base and collection of impact fees help obscure - 27 - the deficits that are incurred ;ts yesterday's developments begin demanding their full share of public serviccs. Finally. infrastructure improvements are made in stages: a sewage treatment plant or incinerator, for example, is built with c:'cess capacity Ioallow for future growth. Shortl'alln in capacity or miscalculations in thc actual costs of providing service to a resident do not become apparent until thc excess capacity is used up and a new plant or expansion becomes necessary ... at a c~st ~1' several hundred million dtfllars. 10. Although homes in higher price brackets may create a surplus, a variety of housing types, offered at a variety of prices, are necessary t,~ meet thc needs of the county's residents. However. there currently is no mecl~anism for determining the fiscal impact of each housing type. nor of adjuxting the mix as developments are approved so there a better fiscal balance. II. Over thc long term. residential uses create a deficit. For Collier County. this deficit significant: residential uscs in thc county currently acc~,unt l'or expenses of $1.20 for every $1.00 c~ntributcd in revenue, resulting in a dcl'icit 12. The loss of agricultural land to development causes an ongoing deficit for Collier County government and schools, because thc shortfall bctxx cch revenues and expenses does not occur just one time. but year ... after year ... after year. 13. A study by the Florida Department of Environmental Regulation shows that the use pesticides on agricultural land in Collier County docs not pt~sc a threat lo the county's groundwater. Other studies have shown that residential uses o1' l~rtilizers and pesticides is thc main cot~tributor of ct)ntamination ~)l' surface and ground water. 14. Even though agriculture usc'. more walcr in Collier C(~unly than any other sector of society, increasing development trcnd~ indicate Ihat residential ami commercial use of water will outytrip agricultural consumption ~xithin the next 20 to 25 years ... or even sooner as farmers usc more efficient irrigation svxtems. Additionally. developed land provides much less recharge oI' thc c~un~x '~ aqt~ifcr~ than does agricultural land because paved areas and storm ~cwcrs prcvcnl rainx~ a~cr I'rt~m percolating into thc ground, but in~tcad channel it into thc Gulf ~l' Mexic~. 15. Need5 l't~r social services currcntlx u,cd b5 agricultural x~orkcrs and lhcir families would not decrease il agricultt~rc "x~cnl ax~ax" a, man5 people believe. Migrant workers attr~clcd I~ thc coumv hx farm .i~b~ ,,t'tcn Icax c acricullure t~ work in lower-paying but stcadicr.iob~in~hexcrxicc indu,trx. AIthou~h asricultural.i~b~ on average pay more per hour. the~ a;c ~ubjcct t~ unemph~5 merit ~lnd undcrcn~ph~5 merit due to harvest cycles and weather extremes. Becau,e of a lack ~ff employable ~kill~ and other barriers to emph~ymcnl. ~uch as lack t~l' i~ngli4~, manx x~orkcr~ take .iob~ tha~ pay less per hour than farmx~ork. Asdcx'clopmcntt~ccur~.thcrc i~ an accompanying growth inservice job~. Thux. ax residential gr~x~tl~ ct~ntinuc~ and agriculture shrinks, just as many or more people xx'ill be required t~) fill h~x~-paying ~crvice~ j~bs and. thus. the need for publicl5 funded ~ocial xcrviccs will cont3nuc ztntl even 16. Contrary lo con,mort belief, cilru~ ~pcrati~ns alh~xv for wildlife to llourish, especially if watcrholes arc created and l'orc~tcd upland pre,erred, according to a study of wildlit~ prepared l~r the South Florida Water Management District. This study, of course, dries not answer all questions about thc relationships between the revenues and expenses generated by each land use in Collier Ct~unty. The study's findings, however, do call out for serious examination of the factors -- and underlying assumptions about growth, the county's mix of land uses, impact fees and tax rates -- that tire causing these relationships. For this reason, additional research on this subject may be desirable, such as: o A study to calculate the liability Collier County has incurred as a result of requirctnents to provide infrastructure and public services to developments that are already permitted but not completed or built. o A study to quantify the amount of economic revenues lost and the cost ofdeficits incurred as a result of the demand for public services on lands that were converted out of agricultural production to urban uses over the 24-year period from 1972 to 1996. o A study, based on the Polk County study done in February of 1987 by the Plan(cc Corporation of Jacksonville, to dctc,'mine il' Collier County can afford thc costs of urban build out, as set forth in the Collier County Comprehensive Plan, with the resources that will be brought in by the mix ol' land uses proposed in the Comprehensi,,e Plan. Recommendations The findings from this study show that agriculture more than pays its way. Agricultural activities not only provide a significant contribution to thc economy of Collier County. but also provide a surplus to county government and schools. As a result of these findings, it is recommended that the Collier County agricultural community consider taking the following actions: 1. Use this study to stress the benefits and needs of agriculture to policy makers, planners and regulators. Stress that agriculture needs to be viewed as an important industry, and accorded respect and attention from planners and policy makers commensurate with the economic contribution that it makes to thc cot, nty. Stress that actions to benefit agriculture and thc economy -- and to overcome obstacles that have been created for agriculture -- must go beyond land use decisions, and incorporate regulatory and policy deci::ions that work in conjunction with each other to create a conducive business climate in which agriculture can operate. 2. Obtain a copy of Ftttttre o./'Agriculturefor Montgomery Co(tnt); MI) prepared by the Agricultural Advisory Committee and Dr. Robert Scarf o, February 1995 (available from The Montgomery County Office of Economic Development. Executive Office Building, I Ol Monroe Street, Suite 1500. Rockvillc, MD 20850. 301-217-2345). Emphasize that the document',:, two major findings, after assessing a two-decade long experiment with purchasing development rights and implementing strict agricultural land use planning and zoning, are: "Without profitable agriculture, there ~x,ill be no agricttlture. "2: "Survival of agriculture **'ill be infhtcnccd stthstantially..perhttps decisively--by the cumulative effects of government reguhttions attd attitudes ..2 ~ Stress that the following question must be answered: Is there a future for agriculture & agribusiness in Collier County? If so. encourage the county to dedicate adequate staff and financial resources to a well- coordinated, inter-agency el'tim to define ... plan for ... and implement ... the steps that - 29 - BAle m must be taken ... now, one year from now. three years from m)v,', and five years from now o Foster tim economic growlh el' agriculture; o Reduce thc costs of regulatory cmnpliance for agriculture: and o Provide incentives lo landowners l'or protecting the county's natural resources. Encourage the county h) take every slcI) possible to supp(m agriculture & agribusinesses as important revenue-, employment- and payroll-generating components of thc county economy. Obviously, growlh will continue, and thc h(msing needs ()1' people of all income levels need to be made available. The key is m not lose land uses such as agriculture that contribute to thc economy and create a revenue surplus for thc county. One way to do this is to encourage the county m create incentives ... through tax credits, impact fee offsets, density bonuses, streamlined permitting, land swaps, tax-deferred land exchanges, subsidized property purchases and economic incentive packages agricultural activities ... to maintain a balance among different types of housing, different types of commercial uses, different types of Olden land. One goal of thi~ "balanced mix of land uses" would be to maintain a balanced budget by retaining and attracting land uses that creme a surplus in order to offset land uses that create a deficit ... and. thus. ax'(fid excessive (and unpopular) property tax increases that may be required ~() pay for services for land uses that dr) not pay their way. A mix of land uses that includes agricultural activities also is desirable fl)r environmental reasons, because these activities provide diversity, visual and spatial relief, and help protect the county's natural resources, including ils water, open spaces and wildlit~ habitat. Suggest that thc county work with its legislative delegation and thc Florida State Legislature to create tax credits l~)r private landowners who provide beneficial uses on their land for environmental restoration or enhancen~ent, for areas that are left in a natural or undisturbed state, such as habitat that harbors threatened or endangered species, or for aquit~r recharge. A property tax credit for maintaining beneficial environmental uses on private lands may provide incentives to encourage private stewardship efforts ... and continue land uses that can sustain economic grmvth while ensuring a hcahhy environment. Such a credit also might provide a means of providing a higher tangible, economic value for lands where natural resources arc well managed, as opposed lo lands where natural resources have not been well managed. ()r have been degraded. Encourage the county to rake steps to ensure that thc business climate in which agriculture operates is conducive to encouraging pe(,ple m enter ... remain in ... and prosper in ... thc business. One step is to create an economic development program focused solely on agriculture. Such a program could be modeled after thc Palm Beach County Agricultural Economic Development Program (AEDP). which was developed for the county by Farming for the Future. thc? Another step is to organize a one-stop permitting, permit renewal and permit consolidation service l~r agriculture with both on-site and online access (via the Internet). A detailed blueprint describing how each of lhese steps can he carried out also has been prepared by Farming for the Fulure. Inc.> - 30- Emphasize lhat cf forts to cxpam. I agriculturc'.s economic contribution to Ih¢ cm~nly should be directed not al expanding agriculture's land ba~e. bill al: o Capitalizing on opportunities to expand current business opportunities and marke~s for the county's existing agricultural operations and commodities: o Creating new business opportunities and markcls for these opcralions and commodities: o Exl)h)ring ways Io add value Io the agricultural ct,ps alld producls pn~luced in thc county: ~ Exph,'in~ and opcnin-= up markets for thc dcvch~pmenl and hide of new comm~ditics, specialty crtq)s and products that can be produced in thc counly' and o Pursuing land use decisions, regulator? reforms alld business policies thai will help agriculture co-exist with urban uses (and visa versal and wiJl create an accepting, conducive atmosphere for agricuhure as a key economic sector that is made up of independently-owned businesses, land parcels and industries. Encourage tile COullly 10 USe the information contained in this study under ihe section "Using the Market Economy to Greater Advantage" page 94 of the full technical reportl as a starting place to identify other opportunities where existing resources can be reallocaled and new resources can be tapped to offer economic incentives t() private landowners ... to assisl in meetim, environmental ... encourage sensible, cosl-ctTcctivc land usc decisions ... and gcncralc revenue strca~ns that will improve profit, strengthen the county economy and contribute to a robusl, sustainable agricultural industry. Encoura,,ce the count~, to adopt a method to Irack r~vcntles alld expenses fl~r each hind use -- and logical divisions wifi~in fimsc land uses -- so it will be clear which Innd uses and which economic activities within each land usc are creating del'icils and which are creating surpluses. This will allow I~c,~l officials to roulinclv have belier dala lo make informed and fiscally responsible decisions aboui both the short and long term impacls of different land uses. As the study done in Februar3' o~ 1987 by the Plantec Corporation [or Polk Florida pointed out: "Polk Counly does nol know the level o[ service l~al provided for many [unctions o~ county government or ii Ihis level is [he right amount o~service to provide.'2~ As a resuil, it was recommended that Polk Cou~ly modify its record keeping systems ~o allow fl~r "more precise analysis o[ ~scal im~acls land use and location in the county.":7 And lhe study done in Imkeviile, by Mayer and Schwinghammer had a similar t'indin~, stating that there was ~actual dala on what residential deveh~pments aclually contrihule and cosl City.'2~ -31 - !0. 11. Adopt the U.S. Department of Agriculture's dcl'inition of thc Common Land Unit (CLU) for conservation activities and as the structure to track revenues and expenses for each land use category. This l'orm of nccottnting tics existing information on earth cover, land use. land category, ownership and revenues and expenses to specific locations. This spatially related data could be the basis for quantifying economic activities associated with land usc categories and identifying uses that are creating deficits and surpluses. This would allow decision makers, both in government and private business, to make more informed decisions about land uses. l-left's how: A Comn~on Land Unit is the smallest unit on tile ground which has: o A permanent contiguous boundary o h common management or trealmcnl A common owner o A common client association:" The Common Land Unit uses Geographic Information System (GIS) technology to capture, store, manage, analyze and display geographic data such as maps and photographs. It can automate business and gt),.'ernment activities that currently are performed manually. It also offers tim oppt)rtunitv to meet the more complex needs of the future for data retrieval and comparison.3'' The Common l.and Unit is built on digital ortho-phtm~graphy as the geographic base map. This base map has overlaying maps showing other data such as roads, census, land uses, land categories and earth covc,'s. Overlaying maps displaying financial or other information also can be added.~ Delineating a Common Land Unit involves three steps: ° Earth cover and physical boundaries visible on aerial photographs are analyzed to determine the bot, ndaries fi~r a land unit. ° Land use is utilized, according to tile delineation rules for the land category, to further divide the area according to land management and land treatment differences. Management/treatment boundaries not visible on aerial photographs are suppli.ed by land managing agencies, planning departments and other information sources. o Finally. the area is divided into common land units based on ownership lines delineated according to the land category {such as agriculture, forest. industrial, etc.).:: The result is a data base that can display a variety of information and relationships between data. For example, a Common Land Unit can be viewed to see its earth cover, its land use. its land category, or the revenues and costs generated according to land use or land category. A comparison also can be displayed between two or more land uses or categories. In addition, different scenarios can be tested to answer the question "what if" the current mix of land uses is changed to emphasize one type of land use over another. In this way, the system is able to show the financial implications of different land use decisions before they are made? This study, of course, does not ansv,,er all questions about the relationships between the revenues and expenses generated by each land use in Collier County. The study's findings, however, do call out for serious examination of the factors -- and underlying assumptions about growth, the county's mix of land uses, impact fees and tax rates -- that are causing these relationships. For this reason, the agricultural community may wish to suggest that additional research be conducted on this subject, such as: -32. o A study to calculate the liability Collier C~,~my has incurred as a result of requirements to provide ial'rastruc~c and public services to developments that are already permitted [)u~ ~(~t completed or built. o A sitldy to tluanli I'y the amount tff economic ~cvcnucs h)st and the cost of deficits ~neurred as a result of fi~e demand for public services on lands that were converted out of a~ricultura~ p~Mt~ct~)l~ ~o urbal~ use~ ove~ 2q-year period [rom 1972 to A s[udy, based on the Polk Cm~n~y study cl~' in February of 19~7 by the Phmtcc Corporation of ~acksonv~le. to detc~ ~nine ~t' Collier County can afford the costs of urban build out. as set forth ~n the Collier Count~ Comprehensive Plan. with the resm~rees tl~t w~ll be brought in by mix of land uses proposed in the Comprehensive Plan. A case study on revenues ~enerated and e~penses ~ncurr~d fo~ u whb'h specific c.rpeascs ca,~ bc ob~ah~ed l'r~m county department budgets or through interviews with the county land managers responsible for ~hc parcel of land. This study shows ~hat open l~nd. which h~cludes publicly- owned forest, parks and recreation land. requires $0.26 ~n services and debt service for every SI.0() o[ revenue received. Neither this nor other studies on the cost/benefits o[ publicly-owned open space, consklered these costs/benefits a~a~nst the loss o1' economic ~cfivily t~om previm~s hind uses prior to public acqu~s~tio~l ... wlfich could bc ~ major factor ~n determh~ing costs and benefits. 12. ffinally, encourage the counly to fund add~tk~nal wm'k ~o: Identify ... and take concrete ste~s to rem~ve ... obstacles at thc local, re~omfl and state levels that ~nterfere wi~h the continued viability of Collier County's a~ricultural ~ndustry: and o Identify ... and take concrete steps to improve ... opportunities for economic success for farm operators, suppliers and value-added enterprises and lhus. enhance fi~e contdbutkm agriculture can mnkc Ihe Coll~er County economy. The University of ~iorida and the Cooperative Extension Service have many experts who could be tapped 1o ~ather data. conduct research. sub,est alternative crops and organize workshops. Experts from outside Florida also should be recruited, alon~ xv~h olher professionals and consultants who can help lhe lask force carry out the activities described below. A proposed plan for tiffs additional work follows on thc pa~es: ACTIVITY !: GROUNDWORK I. De~i~n project. Work through the Collier Coumy Cooperative E~tcnsion So,ice. Collier County Farm Bureau. local and regional commodity ~roups, interested l~ndowncrs ~rowers. and outside a~fieultural experts to be sure all aetivilies emphasize Ibc followi~ points and answer the I'ollowin~ -33- 8A1 Gather ('an a~riculturc compete as current land prices continue rising'? ('an h~v~-intensit.v agricullurc t~c pr~,m~tcd as a mcan~ ~1' pr~viding slc~'ul'dship t~t' thc ~ounlv's naturul rc~mrccs, k~ itht~ul public land acquisiti~m'? ~Vha~ c~'~ps arc pr~d'i~ahlc'.' Which ~mcs ~ill gr~ in C~dlicr ('OtllllV'.' ('an Ihc~ Arc Ihcrc olhcr minor crop opp~rlunilics'? H,~ can xv.rk~h(~p~ be ~rganizcd I~ pr~m~<,~c Ihc~c plans'.' cxi,[in~.., ha~clinc dala l'~r c~m~itlcnni~m, including: Summaries ~>t' ec(momic inccnlixc prt~gram~ lh;~l have been u~cd successfully ~hc L~.S . l~ur~pc and Nc~ Zealand: Sumnlaric~ ~i' pr(~grams lh~lt ~irc being implcnlCnlcd in ~lhcr Fl~.'ida c~unlics · ILslahlish economic dcxclupmcnl pr~gram~ targclcd spccil'i';ally l- ugriculturc ~o c~lahlish nc~' markc~ Ii~r cxisling cnq~s, idcnlit'y emerging markel~ I'<~r additional cr~l~s Ih~l tun hc pr(>duccd, and <q)p~rlunilic~ ~(~ cslahlish valuc-acldcd enterprises: · kstahlish a Ccnlral Pcrmilling. Pcrmil Rcncxval ~ Pcrmi~ Service ~o make il ca~icr for a~ricullur;tl .peration~ It~ oblain all necessary pcrmils and c.mplF x~i~h cxi~in~ regulations t'r~m] a~encies at lhe local. regional, slate and I'cdcral lexcl~: · tLs~ahlish a "C,mprchcn~ixc ()pcraling Plan" t'~r each individual a/ricultural ~perati-n. ~ its a 2[)-xear duration, that will be accepted by 2~ dilt'erent federal, state, regi~mal and local ?~ernment agencies in lieu ~I' individual pcrmit~ Ih~tt normally xv(~uld he issued by each agone) ... ~t~cl N~ix'c ~llmt~t 3[).()(~()pages of papcr~rk in pcrmil applications and r'enex~als (~xer the 2()-sour per'it,d. St~mnl~tl'i3h of inf(~rnlation <~n agricultural land price, and prtgec'tionh ~)I' l'u~urc ~rcnds. · ~k'hal arclhc allcrnali~c~.' ('~mlacl hankcr~ [(~hlain: Suinm;lricx (~I' cxi~ling financin~ pn~grams lhal can he offered nc~ and/(u' exislinL: gr(~x~'cr% in ('(tiller CounlF: and ~tl111111~ll'Je% t}l' J3r(,~rtllllh ()tTcred ill other slates xvilh special l'inancin~ arrangcrncnIs I~ h~x~'cr Ibc annual dcb~ load for next' l'urmcrh and cxihling I'LIl'lllel'h kvh(} wish It~ expand, cover[ ,~ other cr<~p~ or huild value-added facilities -- 50 year and I O()-ycar loans. special ?rt~ramh ~hal offer ~rants in combination wi~h Io~'-inlerehl r~tlu loans tt~ help new farmers and nexk farm enlerprises gel started. Summarie~ t~l' inl'ormalion on ~hal cr~p~ arc prol'ilahlc, which will gro~' in C-Ilicr Cm~ntx and h~v they can be markclcd. · ('-ntact agricultural prol'cssionals in -thor states who have developed succc~sl'ul programs. Wha~ steps did they take? What advice can lhcv provide? F~rexample: In thc 197f)s. Vermom's dairy-based agricuhural economy quickly going bankrupt duc to ctm~pelition from surrounding states. Individual dairies tried a variety of approaches -- including ~urning ~heir dairie~ inlo bed c~ breakfast inns -- I~ tlvoid bankruptcy, with mixed success. Finally. in 1982. Ihe Depar~menl of Agriculture launched a ver~ically-inlegra~ed agricultural economic dcvclopmenl program lhat: In Ihe which and generate an cc~momic impacl of 5601) million per year. ,.vt~rkcd with all of thc state's farm operations: assessed what crops and valuc-;iddcd products could bc produced: went to all 50 states and 80 c{mnlrics lo assess potential Illarkcl opportunities: malchcd up farm opcrali~ms x~ith Ibc opptmunitics that could be profitable: helped producers create pn~ducts taih~rcd specifically to each market that had been identified: and developed a marketing program to ensure "on lime delivery." promolc Vermont produce and expand markcl opportunilics in each of thc 5{) states and 80 countric~ surveyed. span of just I 1 years. Ibc program launched 300 companies produce 2.{}00 products, employ 3.0{}{} people {all new jobs l ~4 Conduct additional research, as listed under recommendation #11. In addition: Conduct an analxsi,, of alternate crop,, and marketing ~pportunitic, that might be appropriate t'or Collier Countx. using input from thc Univcrsitx of Florida. Cooperative Extension Service and agricultural and marketing prol'c~sionals other states ~including Vermont. Kentucky. Michigan and California }. Prepare a "potential crops" map. utilizing thc Soil Survcx in ~hc (ict~h~gical Information System to match crops ~tilh soil types and give a piclurc {~I' can be grown where. Expand the "opportunily cosl" analysis contained in this study to help the following question: * Could economic credits ~ such as those described under "Using thc Market Economy to Greater Advantage" on page 94 of the full technical report) help create new dimensions for agriculture in Collier County's markcl economy'? . Can existing resources be reallocated to pay fees or economic credils landowners who maintain healthy ecosystems on their propcrts? -35 - · Can thchc l'cc~, ~)r crudity, help attain environmental objective,,: xav. h~' ofl'crin~ a ha~c fcc or crcdil fro' mainminin~ a nalural bahia, a hi~h~;r rc~. ~,' cr'udi~ if wildlil'c population~ or environmcmal huncfit~ increase hccatJ~c ~)f a landmvncr'h actionh. 'dlld a ~till hi,her fcc or crcdi~ if thc hahita~ cxpanding market hc crcatcd: ah thc critters increase in numbcrh (~r value. * ,'~htllllill~ htlcll ;1 progralll could bc launched. }lokv mallX "crillcr crcdi[,- would it lake Io replace a hotlhC? Which is a better long-range investment For tine county: paying crcdith" m' building infraNtructurc I'm' * Where and when arc "critter crcdith" appropriate? Where and x~ hen should inxchtmcnt~ he made in infraMructurc'.' In other inccntixc%'.' In land purchases? 4. Prepare u ~amplc of' idca~ and xcnd them to people who are likely t(~ participate in thc x~rkxlnq~ dc,trilled under A('TIVI'I'Y 2: INPUT t~ ~ix'c parti~'ipanl~ time lt~ think at)oUt their lm,t3lcms, be in a holler pt~sititH1 t~ ~ivc inpLlt and have Mmic dala il1 mind xkhen lhcx ore,clothe k~orkhh~px. For example: ..X~k tht.~c involx'cd with cattle t~ lixl lh~c pr,~hlcm~ they arc facing -- p~lltJti~)n c(mtr,~l, permitting prohlcmx, avail;lhilitx tfl' land xk ith thc coM per acre l}lat be needed lo he prol'itahlc, trclldx ill prot'itx (wcr thc past ~evcral vcar~ and ACTIVITY ~: 5. Or'~ani/c a onc-dav %v~rk~h(q~ fl,r thc ('(,llicr' ('~untx a~ricullur;tl c'(m~mUnilv. prol'c~im~al f;wilitator~ and (mt~idc cxpcrl~ m~ a~rJcultural ec~momic dcvch~pmcnl and marketing. [)ixct~x xvJlat thc a~riuuJtHraJ O)]l~nlt]ilil~ * What arc thc dclcrlnininu factors thal %viii Cilc'()tlraEc ]alldl}xVtlCl'h arid ()pcrators to remain in agrictllturc'.~ * What arc thc determining factors that will make landox~ncrs and a$:ricultural opcrah~r~ dcc~dc 1{)leave agriculture and ctmx crt land h~ other * %~ hat can hc d(mc I~ influence these factors'.' [)i~cu~ (,bslaclc~ al thc It)cal. regional. Male and fccJcral Icvcl~ thal Jnlcrl'crc with thc cm~tinucd x'iabilit~ of Collier ('~mntx'h agricultural industry: Discuss possible soluti(ms to these obstacles -- ~k ith a fOCtlS O11 x(hat C(fllicr C'~mnty g,~xcrnmcnt. Collier Count) grok~'er~ and Iht Collier County businesh COmlllLlllil V CLII1 Dixcttsh means l() inlprovc ~q)p{)rlt~nilics l'¢~r CC(Hll)111iC StlCCChh J'or I'LIFIB operators. suppliers and value-added enterprises and. lhus. enhance thc contribution thal agriculture can make to thc CollicJ' ('otlrll~ CCO[IOII1V: I)i~cu~h means in which thc rc,,ulatorv burden for auricullurc can be reduced b% prmnoting thc usc of voluntary inccntixcs and "common sense" solutions help agriculture comply with thc v~irit ;~nd intent ~ff local, slalc and federal rcgulation~ without ... - 36~ 7. o ... burdensonle requirel~ents. ,.. tluplicalim~ ami c~ml'licts bclwccrl i'c~tllal~)ry a~CllCiCs, alld ... actions and expenses that do not produce ncl benefits to Ibc public inlcrcsl: and Recommend steps that should be taken as a follow up lo Ibc workshop. If sufficient information is l'orlhcomin~ in the workshop: ~ Develop a summary: o Send to participants for their crilitJUe: ~ Gather the critiques: o Review Ihe critiques with thc tmlsidc professionals who participated in thc workshop for lhcir comments and Organize a half-day meetin$ Io discuss thc summary for ?'oep approx al. tli~cu~s lhe comments and sug$cslions from outside professionals for group rcaclion: ' Write report on meeting, with recommcndalions for action, as suggcslcd or approved by meeting participants: and Mail to parlicipanlg, alon~ with sample of ideas for workshop ,2 Io give participants lime Io lhink about their problems, be {n a better position lo ~ive input and have ~ome data in mind for the workshop. ()rganize a second one-day workshop for thc Collier County agricullural COlllmtlnily. with professional facilitators and oulside experts on agricultural economic devclopmcnl and markeling. ¢ Discuss whal the agricultural conlmunity wants: · Who xvanls lo remain in agriculture? · Who wants to develop lhcir land for other uses'? · Who is willin~ to usc their properly for nalura[ resource projccls ... providin$ lhev arc adequately compensated? · What arc thc cmergin~ opporlunilies for a~riculturc over 1 5 years? · What can be done lo promote/supporl Ihcse opporlunilics'? o Discus~ means to educate thc public and policy makers lo enhance undcrsla~ding about ... ... agriculture. ... the contributions it makes to local anti state economics. ... the positive role it can play in environmental protection, and ... its importance to our lives: o Discuss means to encourage the use of incentives to lie good stewardship decisions to good business decisions, and encourage better cooperation between government agencies and private landowners' o Discuss how land use policies should be modified so ~hey arc based on and will support the changing economics of Collier County's agricultural industry: and Recommend steps that should be taken as a follow up to the workshop. 0 Repeat step #6. Develop prioritized list of: - 37 - o Critical obstacles to agriculture; o Suggested ways to improve opportunities for economic success: o Suggested ways to reduce regulatory burden on agriculture: o Suggested xvays to educate the public and policy makers to enhance understanding about agriculture' ° Suggested ways Itl encourage thc use of incentives lo tie good stewardship decisions to good business decisions: Suggested ways to modify land use policies: and Recommended steps to follow up on agricultural community workshops. PROPOSAL DEVELOPMENT Develop proposals for policies and programs that will: ° Implement recommended steps from ag community workshops: ° Address prioritized list of suggestions derived from steps #5 and #7 above: ° Encourage usc of market-driven, economic incentives to: · Strengthen Collier County's agricultural industry: · Promote private stewardship of natural resources; · Foster economic development: and · Encourage sensible, cost-effective land use. Organize a final (me-day workshop for the Collier County agricultural community, with professional facilitators, to: ° Describe proposals for policies and programs that have been developed: ° Obtain reactions to proposals: and o Obtain recommendations for steps that should be taken as a follow up to the workshop. The purpose of the workshop will be to define ... plan for.., and implement ... a vision for the future of Collier County's agriculture & agribusiness industries that will: o Consider the needs and desires of current landowners: o Protect environmental resources; o Allow for the creation of water resource projects to meet the needs of agriculture. urban users and the environment ... now and into the future; O O ACTIVITY 3: i0. 11. -38- ° Accorrlmodalc additional population growlh: o Create a supportive regulatory and business climale that will provide for an economically sound agricultural industry: and o Accommodate other uses and activities thal agricullura] owners/operators nlny wish to encourage. ACTIVITY4: PROPOSAL REFINEMENT 12. Refine proposals, based on input from workshop, and follow up on recommendations for next steps. 13. Conduct public forum, led by professional facilitators, to elicit broad cmnmunity input and participation in development of proposals: o Describe proposals for policies and programs that have been developed: o Obtain reaclions lo prop{~sals: and o Obtain recommendations for slops that should be taken as a follow up lo thc [Ortllll. 14. Develop informational mailing with response form Io describe final prop{)sals to ag community and solicit reaction. 15. Refine proposals and policies based tm input from forum and agricultural communilv mailing. ACTIVITY5: IMPLEMENTATION 16. Present proposed programs, p{flicic~ and acliorl slops lo Collier County Board of Counlv Commissioners and Board of Gt~vcrnors. South Florida Water N'lanagcmcnt District. 17. Develop mailing m local, rcgitmal, state and federal govcrnmcnlal units to describe proposed programs, policies and action steps. 18. Work with Collier County government unils. Soulh Florida Water N'lanagcmcnt District. Collier County Cooperative Extension Service. Collier Ctmntv Farm Bureau and all commodity gr~mps to implement recommended programs, policies and action steps. - 39- Florida Stewardship Foundation wishes to thank the following individuals and organizations for funding this study ... Business Interests Press Printing Scofield Warehouse Wilkison & Associates Environmental Interests American Farmland Trust Harder Foundation Merrill G. & Emita E. Hastings Foundation Agricultural Interests Alico, Inc. Ban'on Collier Company/Silver Strand Division Collier Enterprises Gulf Citrus Growers Association Pacific Land Co. Ranch One Cooperative, Inc. Russell Priddy Six L's Packing Turner Foods William's Farms -41 - Acknowledgements We are grateful m tile members of Ibc studv's Advisory Board for their suggestions, guidance and on-going support: Bob Coleman. Senior Vice President. Turner Foods Glenn Simpson. Vice President. Wilkison Associates Thc La~c Nathan C. (Barry) Driggers. President. I larder Foundation Nlike McNees. former Collier County Budget Director Ed (;rifllth and Susan Watts. Westinghouse Communities I)avid Imnd. l'ormcr President. Collier Natural Resources Larry Lipman. General Manager. Six L's Packing blike Smykowski. Collier County Budget Director Bill Neron. former Director of Government Affairs. Economic Development Council Thanks also are due lo thc many people who contributed inl'ormal~on and financial support and lent assistance to this sludy. We appreciate thc help of Iht Following people: l)r. Calvin Arnold. fi~rmcr Director. Southwest Florida Research and Education Center. University of Florida Michelle Arnold. Senior Phmncr. Collier County Long Range Planning Department Jeanette Bellizzi. Media Specialist. Southwest Florida Research and Education Center. University of Florida Bob Biankenship. Public Information Officer. Florida Dcpartmcnl of Agriculture & Consumer Services Denise Blanton. Director. Collier County Extension Service Betty Bnrsiek. Librarian. Southwest Florida Regional Planning Council .lanice Carter. Administrative Assistant. Collier County Property Appraiser's Office (;eoffrey Coppin. Economic Analy.~t. Florida Department oF Commerce l)iane Connell. Regional Planner. Southwest Vl~ritla Regional Planning Council l)otty Cook. Regional Phmncr. Southxvest Vlorida Regional Planning Council I,ynn Cooper. Systems Analyst. Collier County Property Appraiser's Office Cynthia Coy. former Research Analyst. Collier Enterprises Wayne Daltry. Executive Director. Southwest Florida Regional Plannin,, Council Steve Fain. Budget Director. Collier County School District Ron ltamel, Executive Vice President & General Manager. Gulf Ciwus Growers Association I)onald Haynes. Director. Personal Property. Collier County Property Appraiser's Office -42 - Kcvin Itill. Extension Agent. Collier County Cooperative Extension Service Bettye Matthews. Collier County. Board of County Commissioners. District 5 Christine Osterlund. Media Director. Southwest Florida Research and liducalion Center. University ol' l:h~rida Dn Raymond Prince. Senior Analyst. Congressional Budget Office Theresa Riesen. Revenue Manager. Collier Cotmty Solid Waste Department I)n .ferry Skees. Prolbssor. l)cparlment of Agricultural Ectmomics. University of Kentucky Abe Skinner. Collier Cotlnlv Properly Appraiser I)n Fran Stallings. Director. Southwest Florida Wildlife Fcderali{m Stewart Swanson. Extension Agent. Collier County Cooperative Exlcnsion Service Dallas Townsend. Director. Hcndry County Exlcnsitm Scrx'ice We also wish to thank: I)avid Nlulkey, Ph.I).. Professor. Food and Resource Economics Department. University o1' Florida Dr. Mulkey reviewed the methodology used and results obtained in this study. }tis COmlllenls on the drafts, although not representing agreement or disagreement, were very hclpl'ul in applying the methodology developed by Florida Stewardship Foundalion to Collier County and explainin,, the study results. This stud), was originally initiated by l::arming For thc Future. Inc. on behalf of American Farmland Trust at the request of members of thc Collier C{mnty agricultural ;.~ld cnx'ir~mmenlal comrnunities. Farming for theFuturcdcvclopedthcstudymcthodolt~gyanclcomplctcdinitial research, with some editing assistance by Jill Swartz of American Farmland Trust. American Farmland Trust provided funding, facilities :md support to conlinue this sit, dy for a l S-month period after the initial start-up grants from Harder Foundation. Turner Foods. Six L's Packing and Collier Enterprises expired. In 1995. responsibility for completing thc study was assumed by Florida Stewardship Foundation. The support of the other fundcrs -- Allots. Inc.. Barron Collier Company/Silver Strand Division, Gulf Citrus Groxvers Association. Merrill G. and Emita E. Hastings Foundation. Pacific Land Co.. Press Printing. Ranch ()ne Cooperative. Russell Priddy. Scofield Warehouse. Turner Foods. Wilkison & Associates and WiIliam's l%rms -- was critical in allowing the study to be cmnpleted ... and printed. Wilkison & Associates. in particular deserves recognition for providing office facilities and staff support for over two and Et half years while this study was conducted. A special acknowledgement is duc to Stepharde Huber. the study's initial researcher, tk,r her efforts in obtaining data. making contacts and laying the groundwork for t?.e study. A special thanks also is due to the Southwest Florida Research and Education Center, University of Florida for contributing the use of its photographs. -43 - Florida Stewardship Foundation Creating a New Environmental Ethic ... Based on Private Stewardship ... and Market-Driven. Economic Incentives Mission Florida Ste wardship Foundation L~ working to ensttre: ... a sound fitture for farming & forestry that includes: ... att abundant, safe supply of food & fiber ... a healthy environment & ... opportunities for economic success Florida Stewardship Foundation is a new organization, formed September 8, 1995 and incorporated in the State of Florida on October 10, 1995. It was recognized on November 22, 1995 as a nonprofit, tax-exempt organization under section 501(c)(3) of the Internal Revenue Code. (A copy of the letter of determination from the IRS is available on request.) Purpose Florida Stewardship Foundation is working to'. · Create a forum that will bring private landowners ... who own the vast majoritv of the state's land area .,, are custodians of the largest repository of natural resources .,. cnd hold maiority ~nterest in the remaining stock of Florida's future land uses ... together with government and environmental and natural resource conservation interests; It's worth remembering: agriculture and forestry owns virtually ... every acre to be used Ior fulure development, ... every acre to be protected, and ... every acre to remain in ag and forestry. Create a statewide coalition of agriculture, forestry, government and conservation interests to pursue a new environmental ethic that will recognize private property rights, be inclusive of ail interests and rely on "common sense" solutions and incentives to promote privare stewardship of natural resources,' and Act as an intermediary and mediator between government agencies, conservation interests and private landowners in negotiating and consummating less-than-fee transactions and economic incentive programs that tie good stewardship decisions to good business decisions, encourage better cooperation between government agencies and private landowners, and promote private stewardship of natural resources. Web Site: www. fl-stewardship.com E-Mail: infold%stewardship.cam 8Alq Goals Florida Stewardship Foundation is dedicated to taking actions that will I. Ensure a vital future for farming and forestry -- as environmentally sound and economically important industries; 2. Promote the use of good science, credible research and highly reliable technical approaches in assessing, determining causes of and solving environmental and natural resource problems; 3. Encourage the usc of incentives to tie good stewardship decisions to good business decisions, and encourage better cooperation between governmenl agencies and private landowners; 4. Forge cooperative coalitions and working relationships between agricultural, forestry, government and conservation interests; 5. Improve opportunities for economic success and enhance the contribution that agriculture can make to local and state economies; 6. Educate the public and policy makers to enhance understanding about ... agriculture, the contributions it makes to local and state economies. the positive role it can play in environmental protection, and its importance to our lives; 7. Remove obstacles at the lace!, regional, state and federal levels that interfere with the continued viability of the agricultural industry, and 8. Underscore [he impodant relationships between agriculture, the environment and population growlh. Con tributions are tax-clecluc tible Florida Stewardship Foundation 621 N.W. 53rd Street, Suite 240 Boca Raton, Florida 33487 Phone (561) 995-1474 FAX (561) 995-1475 - 44 - Endnotes I0 11 15 Craig Evans. Florida's Growth Mana,~,,ement l'lans: Will A,~rit'ulture .S'ttrvivt'?. (Washington. D.C.:American Farmland Trust. June. 1992)p. 7. Calculalim~ based on data from Final Report: Florida State Comprehensive Plan C. mmittee, created in 198.5 bv thc Florida l.cgislaturc to calculalc thc costs of implementing thc State Cmnprchensivc Plan and annual population estimates and growth rates published in the Kiplin.ger Florida Lette~ April 1992. Ibid. 1992 6'en.x'u.¥ tq'A,k, riculture, Rankings of States & Counties (Washington. D.C.: U.S. Department of Commerce. 1992). pp. 96.38.92. 102. 104.90.97.37 and 98. 1987 and 1992 Census qf A.gricuhure - Florida, (Washington. D.C.' U.S. Bureau of Census), pp. la8 and 222. "What's Gro~ing in Collier County Agriculture 1991-92" (Naples. Florida: Collier County Cooperative Extension Service). informational handout. "Florida Agriculture Cash Receipts," Florida Agricuhure (Tallahassee. Florida: Florida Department of Agriculture and Consumer Services. 1994). based on U.S. Bureau of Census data. Todd Logan (U.S. Fish and Wildlife Service). Andrew EIler (U.S. Fish and Wildlife Service). Ross Morrell (Florida Game and Fresh Water Fish Commission). D(mna Ruff ncr (Florida Department of Environmental Protection). and Jim Sewell (National Park Service). Florida Panther Hahitat Pre.~'ervation Plan (Tallahassee. Florida: Florida Panther Intcra:qency Commiuce. 1993). p. 44. According to research conducted and compiled by the Florida Game and Fresh Water Fish Commission. Craig Evans. Project Director. A Landowner ~' Strategy for Protevting Florida Panther Habitat on Private Lands in South Florida.' A Project Report (Tallahassee. Florida' Florida Game and Fresh Water Fish Commission. June 1995). p. 3. Craig Evans, Florida iv Growth Mana,~,ement Plans: Will Agriculture Survive?. p. 2. A print out prepared by the Collier County Property Appraiser's Office shows total publicly- owned "open land" in the county is 572.972 acres, or 44% of all Collier County land. The countv's total acreage is reported as 1.296.320 acres, according to the 1993 Floride~ Statistical Abstract (Gainesville. Florida: University Press of Florida. University of Florida. 1993~. p. 48. Total publicly-owned land. including all government buildings and schools, is 727.099 acres, or 56~ of Collier County's total land area. according to the Collier County Property Appraiser's Office. According to the Collier County Planning Services Department. Letter dated August 12, 1991 from Robert E. Blanchard, AICP, Growth Planning Director to Craig Evans at American Farmland Trust, Washington, D.C. Land Acquisition. Planning and Management Committee, Report to the $~tter Management District Review Commission. (Tallahassee, Florida, November 9. 1995 draft), p. 15. Ibid. - 45 - It, 20 2.1 25 2'~ 2g 3~ 33 Ibid. Re.~,,ionM Multiplierx: A U.¥er Handbook for lhe Regional hqmt-Outlmt Modeling System (RIMS II~ (Washington. D.C.: U.S. Department of Commerce. Bureau of Ecofiomic Analysis. May, 1992). p. M-I. Also: l)avid Mulkey and Rodncv Clouscr. "The Economic Impact of the Florida Sugar Industry" {Gainesville. Florida: Food and Resource Economics Department. University of Florida. N~wcmbcr 1988). from thc explanation of regional multipliers, pp. 5-6. "Does Dcvcl(~pmcnt Really Pay for Itself?." PUBLIC Investment. (Chicago, Illinois: American Planning Association. September. 1991). Ibid. This is a ','crv small portion of the total property tax revenues generated in Collier County. Because agricultural property taxes form such a small portion of the budget, it i~ easy to understand why agricultural issues are often overlooked by policy makers. On th~ other hand. since agriculture only contributes about 2G of total county and school revenues, yet occupies 23~k of the county's land area. it is easy to see why many people mistakenly believe that agriculture is subsidized by other land uses. The tables and charts on pages 17-24. however, put these numbers in perspective. Based on a recorded discussion by members of thc Hillsborough County Agricultural Task Force on March 25. 1996 during review ol'a similar study fl;r Hillsborough County. Agricultural Advisory Committee and Robert Scarfo. Fttturc q/'Agricuhttre Sttukvfor ,'lhmtgomeO' ('ottnly, MD (Rockville. MD: Montgomery County Office of Economic Development. February 1995). p. 5. Ibid.. p. v. Farming for the Future ~working on behalf of American Farmhmd Trust), "Palm Beach County Agricultural Economic Development Program." adopted December 7. 1994. Farming lot the Furore. "RFP ~96-033/PR. Consultant to Research, Prepare. Coordinate and Institute an Agricuhural Central Permitting Service tk~r Palm Beach County: A Proposal Prepared for Palm Beach County Purchasing Department," January 25. 1996, 145 pages. Polk County Growth ManaA, ement Surrey. pp. 1-2 to 1-4. Ibid.. p. I-6. Tanva Jean Mayer and Jerry Schwinghamn]er, l~&et'ille Growth StudwA Fiscal hnpact Ana/v.dx (Lakevillc. Minnesota: Office of the City Administrator. August 14, 1991 ), p. 12. From information provided about the Common Land Unit through lnfoShare, U.S. Department of Agriculture. Office of Information Resources Management. May 25. 1994. Ibid. Ibid. Ibid. Ibid. George M. Dunsmore. Commissioner. Vermont Department of Agriculture, Food and Markets. "Improving the Economic Benefits of Agriculture," Governor's Agricultural Policy Task Force Workshop. Lexington. Kentucky. March 4. 1993. -46 - ®9 ©6 ©¥ r~ . ~ /~)1 551 I Issue: I /-//.7 ~ sue: ~.,., ~,,..,.~/,~ ~~ ~g~ ~ ~/~ ~ ~l - - -, ~,~[ '. -- ,, ~ . ~vf-~ , .. ~/-~;/~ ©¥ ~0 lssue: ©¥ Issue: ~Issu(~: ~'. I~o5- lssue: /'7 ltlillssue: ~lssue: ~ "8Ai,I~ Lo ~z~ll G.5. Blvo Al. ~.,~ $ lssue: ~ISSUC: lssue: lq'c> ~¥I15 ~lssue: Issue: ssue. Issue: ?o ~ ,,'o~5" ©& ~Issu~i '79.5-.- t-~la lssue: ©¥ :¥ SSUO. ~Issue: /,,.2._ ~Issuc: ~ ,/r's ~Issuc: lssue: ~SA1 ,~' ,47-- ~Issue: i/?~. 8Al l .J II I lssue: 4o ~. Issue: lssue: ~ISStlOi lssue: ~Alll 5-0 ©& lssue: se=4 ~o~ Issue: b ©¥ 7 X'..z j~...F dZ- lssue: 8A 1 .,f ~ /? ' 8Al,,, .570 II II Issue: Sq?- q38o 1 "8A 1 5'7 ~--~,-, ~. /..aAy. ? 10 yrs. Issue: ~Issuol /o ~'8A1 : lssue: ! //9 ~"8A1 : ~ Issue: 3¢?8/' ..P3--~ Issue: S~94 :}-- /..,/ p-(.., a--¢. NO ~s //0 ¥/? 5~ t t 'o 7 7 S-- S-e ~2 i'777 ~J ~/ 7'/ ...... ~ ~ ~a 1 -~ & Yg'~7 Y~ g' ~'SA1 8Al., ~ . , r-L b-q'g---O '-J:oo "8Al '-'-' BA 1 ~ J v ~. I '~ ~ 9 'lo ' U I 8Al ~ oO *ff. 6? ' '1 No .s-,r"7/ 19% ~./~, .,~ r..E__, y~..% 5'5Y 7917 8A1 -' 5-/7'/ ./ ,fi- 7~ /43 ~...ff' 3-3 IL' FL 339'",' ¢ Iv ~-I ~- IH.33 oo ................ 8Al ,:l~ "-1h5 ,/VO lOC, ~ t),o..,-~ ~D~-~ ")/¢ ~ ,,r FL 5~ "7"1d S/9- I 'z /:z ilrZ ............ ~' 8Al n,,{ 'z/~,/:'L s' ff l )~lq 6-( _! I 3396'2." 339'/0 5~33 ~'SA1 ' 'h I -' 0 ' C.. I I NO ~l.Va s 04, 9. ,--o ~' 9'o ' I Number of Calls by Day o~ the Week Number of Calls 32O 28O 240 2OO 160 t20 8O 4(} Sunday Monday Tue~,day Wednesda~ Thursday Friday Saturday Day of the Week Number of Calls by Hours Week of 11/2/97 Average 140 120 100 8O Number of Calls60 4O 2O ! ! i i I I! It ! 2't 1 2 3 4 5 $ 7 8 9 10111213141516171819202122232a F..XHIBIT z//4 /q Y COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS 1 '1 To: Clerk to the Board: Plea~ place the following ~s a: [] Normal leg~l A~'ertisemcnt x O~hcr: See Attachcd (Display Adv., locmion, crc.) Originating Dcpt/Div: Planning Scr~ces Person: Lee La)ne Date: 2/24/98 Bob Duane tlole, Montes & Assoc. 715 10t~ St. S. Naples, FI. 34102 Petition No. (If none, give brief description): CP-97-02 Petitioner: (Name & Address): Bruce Anderson Young. VanAssendcrp & Varnadoe 801 Laurel Oak Dr., Suite 300 Naples, Fl, 34108 Name & Address of any person(s) to be notified by Clerk's Office: (If more sp~ce is needed, attach separate sheet) Jim Colosimo, Trustee, 4099 Tamiami Trail N., Suite 305, Naples, Fl. 34103 Hearing before xx BCC BZA Other Hearing date: (Based on advertisement appearing 5da~ before hearing. April 14, 1998 Requested Newspaper(s) to be usc& (Complete only if important): [] Legally Required x Naples Daily News [] Othcr Proposed Text: (Include lcgal description & common location & Size: Scc Attachcd Companion petition(s), ifany & proposed hearing ~tc: Does Petition Fee include advertising cost? xx Yes [] No If Yes. what account should be charged for advertising costs: I 11- 138317.-649100 Reviewed by: Division Head List Attachments: Legal Ad Approved by: Date ~)/CS~f~ Coun.ty Manager Date DISTRIBUTION INSTRUCTIONS For hearings before BCC or BY.A: Initiating person to complete one copy and obtain Division llead approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessao' legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's o~ce will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a co~' for file. Dare Received: ,.-~,~57~_ff" Date of Public hearing: ~//~/f/~ f Dale AcNertised: ~ OF PAGES ~ (including this cover) !!I!11111111111111111111111111111111111111111111111111111111111 TO: LOCATION: NAPLES DAILY N~dS FAX NO.: COM2{ENTS · 263-4864. · ll[llllllllllllllllllllllllllllllllllllllllllllllllllllllllllll FROM: ELLIE HOFFMAN - MINUTES & RECORDS. LOCATION: Collier County Courthouse FA3( t~O: (813) 774-8408 P]IONE 'NO: (813) 77/,-8406 JI & -al 694 I ~3-~,1 09:43 00" 01' 57 13:26 00'01'53 13:38 00'02'38 92634864 OK 92634864 OK JOG8C008000008A15~ 068C008000008A 16 068C008000008A11 [Dato sent: Ill 12A 1 March 5, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition CP-97-02 Dear Judi: Please advertise the above referenced notice one time on Wednesday, April 8, 1998. This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller that 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to 111-138317-649100 1 2A'Ii April 14, 1998 Board of County Commissioners Public Hearing Advertisinq Requirements Please publish the following Advertisement and Map on Wednesday. April 8, '1998. and fumish proof of publication to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 33942. The advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. March 5, 1998 Mr. Robert Duane Hole, Montes & Associates 715 10th Street South Naples, FL 34102 Re: Petition CP-97-02 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, April 8, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12A 1 March 5, 1998 Mr. Bruce Anderson Young, VanAssenderp & Varnadoe 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Re: Petition CP-97-02 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, April 8, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12A 1 NOTICE OF PROPOSED CHANGE TO THE GOLDEN GATE AREA MASTER PLAN The Board of County Commissioners proc)oses to adopt the following by Ordinance: ORDINANCE NO. 98-__ AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE GOLDEN GATE AREA MASTER PLAN OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING SECTION B.I.B.4 'INTERSTATE ACTIVITY CENTERS" OF THE URBAN COMMERCIAL DISTRICT SECTION OF THE URBAN DESIGNATION SECTION OF THE LAND USE DESCRIPTION SECTION ADDING A NEW SUBDtSTR1CT CALLED THE PINE RIDGE ROAD MIXED USE DISTRICT TO ALLOW C-1/T USES AND BY AMEND1NG SECTION B.1.C.3 SECOND PARAGRAPH SUBPARAGRAPH C "CONDITIONAL USES' ALSO OF THE LAND USE DESIGNATION DESCRIPTION SECTION BY INCREASING THE ACREAGE REQUIREMENT ALLOWED FOR CONDITIONAL USES; AND BY AMENDING THE FUTURE LAND USE MAP OF THE GOLDEN GATE AREA MASTER PLAN PROVIDING FOR DESIGNATION OF SAID DISTRICT ON THE FUTURE LAND USE MAP; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. A public hearing on the Ordinance wIll be held on April 14, 1998 at 9:00 AM in the Board of County Commissioners Meeting Room, 3'~ Floor, Administration Building, County Government Center, East Naples, Florida. Ail interested parties are invited to appear and be heard. Copies of the proposed Ordinance are available for inspection at the Collier County CLerk's Office, 4"' Floor, Administration Building, County Government Center, East Naples, Florida; and at Comprehensive Planning Section. 2800 N. Horseshoe Drive, Nap[es, Florida be,Wveen the hours Of 8:00 A.M. and 5;00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section. Wri[ten comments filed with the Clerk to the Board's Office prior to April 14, 1998. will be read and considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY. CHAIRMAN DWIGHT E. BROCK, CLERK By: ls/Ellie Hoffman, Deputy Clerk £xhtbtt 8 ~2A I I 500 ~O00 20UO SCALE ltl i'£[T PUD -.-6.,354- ACRES SINGLE FAMILY ESTATES " ,31.614- ACRES R.O.W. '" !l.714' ,",CRES ":500' RADIUS FROM PROPERTY BOUNDARY 12A"1 NOTICE OF PROPOSED CHANGE TO THE GOLDEN GATE AREA MASTER PLAN The Board of County Commissioners proposes to adopt the following by Ordinance: ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE GOLDEN GATE AREA MASTER PLAN OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING SECTION B.I.B.4 'INTERSTATE ACTIVITY CENTERS" OF THE URBAN COMMERCIAL DISTRICT SECTION OF THE URBAN DESIGNATION SECTION OF THE LAND USE DESCRIPTION SECTION BY ADDING A NEW SUBDISTRICT CALLED THE PINE RIDGE ROAD MIXED USE DISTRICT TO ALLOW C-1/T USES AND BY AMENDING SECTION B.1.C.3 SECOND PARAGRAPH SUBPARAGRAPH C 'CONDITIONAL USES" ALSO OF THE LAND USE DESIGNATION DESCRIPTION SECTION BY INCREASING THE ACREAGE REQUIREMENT ALLOWED FOR CONDITIONAL USES; AND BY AMENDING THE FUTURE LAND USE MAP OF THE GOLDEN GATE AREA MASTER PLAN PROVIDING FOR DESIGNATION OF SAID DISTRICT ON THE FUTURE LAND USE MAP; BY PROVIDING FOR SEVERABILITY: AND BY PROVIDING AN EFFECTIVE DATE A public headng on the Ordinance will be held on Apd114, 1998 at 9:00 AM in lhe Board of County Commissioners Meeting Room, 3'd Floor, Administration Building, County Government Center, East Naples, Florida. All interested parties are invited to appear and be heard. Copies of the proposed Res~lulion are available for inspection at the Collier County Clerk's Office, 4th Floor, Administration Building, County Government Center, East Naples, Florida; and at Comprehensive Planning Section, 2800 N. Horseshoe Ddve, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk lo the Board's Office prior Io ~tober 14, 199'7, will be read and considered at Ihe public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of lhat proceeding, and for such purpose he may need to ensure lhat a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 12A it ORDINANCE NO. 98-_~ AN ORDINANCE AMENDING ORDINANCE NUMBER 8g- 0,5, AS AMENDED, THE GOLDEN GATE AREA MASTER PLAN OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING SECTION B.1.B.4 'INTERSTATE ACTIVITY CENTER' OF THE URBAN COMMERCIAL DISTRICT SECTION OF THE URBAN DESIGNATION SECTION OF THE LAND USE DESCRIPTION SECTION BY ADDING A NEW SUBDISTRICT CALLED THE PINE RIDGE ROAD MIXED USE DISTRICT TO ALLOW C-1/T USES AND BY AMENDING SECTION C. SECOND PARAGRAPH SUBPARAGRAPH C 'CONDITIONAL USES" ALSO OF THE LAND USE DESIGNATION DESCRIPTION SECTION BY INCREASING THE ACREAGE REQUIREMENT ALLOWED FOR CONDITIONAL USES; AND BY AMENDING THE FUTURE LAND USE MAP OF THE GOLDEN GATE AREA MASTER PLAN PROVIDING FOR DESIGNATION OF SAID DISTRICT ON THE FUTURE LAND USE MAP; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Golden Gate Area Master Plan on February 5, 1991; WHEREAS. Bruce Anderson and Robed Duane. representing Jim Cotosimo, Trustee, has submitted an application to/he Collier County Planning Services Deparlment to amend the Golden Gate Area Master Plan by allowing a new subdistrict called the Pine Ridge Mixed Use District and to increase lhe acreage allowed for conditional uses in Transitional Areas; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department ol' Community Affairs for preliminary review on November 25, 1997; and WHEREAS, the Department of Community Affairs did review and make written objections to this Golden Gate Area Master Plan amendment to the Growth Management Plan and transmitted the same in wriling to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the written objections ~'rom lhe Department or' Community Affairs to adopt, adopt with changes or nol adopt the proposed amendment to the Growth Management Plan; and WHEREAS, the Board of County Commissioners o1' Collier County did take action in the manner prescribed by law and did hold public heatings concerning the adoption otr Ihis Future Land Use Element amendmenl Io the Growth Managemenl Plan on Apd114, 1998; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of lhis amendment to the Golden Gate Area Master Plan, including the following: Ihe Collier County staff report; Ihe Notice of Proposed Change application; Ihe document entitled Collier County Growth Management Plan Amendment (CP-97.2) and Ihe other documents, testimony and information presented and made a pad of the record al the meetings o1' the Collier Counly Planning Commission held on March 19, 1998, and the Collier County Board of Counly Commissioners held on April 14, 1998; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN OF THE GROWTH MANAGEMENT PLAN. The Board hereby adopts this amendment to the Future Land Use Map o1' the Golden Gale Area Master Plan and the amendment to the Land Use Designation Descdplion Section of the Golden Gate Area Master Plan, page 21, Section B.I.B.4 and page 28, Section C, second paragraph subparagraph c, in accordance with Section 163.3184, Florida Statutes. The text of Ihe amendment is attached hereto as Exhibit 'A* and the amended Future Land Use Map of the Golden Gate Area Master Plan is attached hereto as Exhibit 'B', both of which are Incorporaled by reference herein. SECTION TWO: SEVER. ABILITY. If any phrase or portion of lhis Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and Independent provision and such holding shall not affect the validity of the remaining podlon. SECTION THREE: EFFECTIVE DATE. The et'fecfive date of this amendment to lhe Future Land Use Element shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding Ihe Element in compliance in accordance with Section 163.3184, Flodda Statutes, whichever occurs eadler. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order or' noncompliance is issued by lhe Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3r~ Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this .. day o~'Apdl, 1998. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJ(~IE M. STUDENT ASSISTANT COUNTY ATI'ORNEY BARBARA B, BERRY CHAIRMAN 12/ I EXHIBIT 'A' 2) Amend the existing Golden Gate Area Master Plan to allow the creation o! a 'Pine Ridge Road Mixed Use District' allowing no more than 5 acres of C. IFT uses on the eastern portion of the property. The proposed text change is to the Interstale Activity Center, page 21, Section B.I.B.4 as follows: Section B.1 .B.4 Interstate Activity Center of the Land Use Designation Description Section 'On the Irdnges of the Golden Gate Master Plan boundaries there are several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road as detailed in the County-wide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the County.wide FLUE and not Ihis Master Plan. ~ ~ enter on h w I fl- id f n i R a ~ a m d i 1 9 ac I to w h whi hi sin Ih Pi id a Mi I d a n I Tr cts 1 I n I i 35 rd P Pa o I' II' r ~ t ' r a 5 ar ee I'o cer at duse on5 cresare reit dwihin he east ion t' i ro Th r in' nt i I o ' I wih II win C nditional s f the stat onin is n' h maximum fl r rio F ol' ~s' nursin h ms' as isted livin a ilities ursuantto400~inuin car retirement communii s ursuant to 651 F S and ch 4~ Is'church 'social and fra emalo ant ations' nd child and adult da car fa tl~' s Such rmitt d uses shall b encoura ed o be ubmitted a a lanned nit D v Io men for the ub'ect ro rt in its entire withs alatteni r v' f h r d w mane ement uniform land ca in si nae creentn and buffedn and other rtinent dev Io ment standards to en ure corn atibilit with neath re idential are s ~he followin additional cdteda' · Th r hallb oa nto ivin st W an ' · ~ minimum landsca d buff talon the north and we ro rt · dvewa a ss arldn and water mana e nt f clliti a allowed withinl 75fo uff r raal n t e r Ii andw I r ma a em n f ilitie withl th`=. 5' buff ar aalon th n rth ro rt linebu on f he e h I Io at cl h n e r ,, N m~tomobil arkin h m le h u kitchen al rm' · an.._~d ~albe reserved aswelland and no__develo ment ma occurwilhin thi area Appendix 9 of the Support Document provides a detailed map of the Activity Center boundades. Amend the existing Golden Gate Area Master Plan to permit conditional uses In excess of $ acres. The proposed lext change Is to the Conditional Use Section, page 28, Section C, second paragraph, sub-paragraph c of the Land Use Designation Description Section as follows: Section C, second paragraph, sub-paragraph c, Conditional Uses In addition, conditional uses may be granted in transitional areas. The purpose of this provision is to allow conditional uses in areas adjacent to non-residential uses generally not appropriate for residential use. The conditional use will act as a transitional use behveen non-residential and residential areas. The following crtteda shall apply for Transitional Conditional Use requests: Site shall be directly adjacenl to non-residential use (zoned or developed); Site shall be no closer than ~ road mile from the Intersection or' a Neighborhood Center;, Site shall be 2.5 acres or more in size and shall not exceed 5 acre~, nes th ub ro i n a A tv r he Pi' ' ' n rv i blic Pcovisia¢~~ uses shall be located on the allowable acreage directly adjacent Io the non-residential use; Site shall not be adjacent to a church or other place of worshlp, school. social or fraternal organization, chilo care center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation center, and Project shall provide adequate buffering from residential areas. Wo~s underlined, are additions; Words stru¢.~ are deletions. 12A 1~ EXHIBIT 'B' GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP NAPLES DALLY NEWS Published Daily Naples, FL 33940 Affidavit of Pub State of Florida County of Collier Before the undersigned authority. Ancjela Bryant they ser~e as the Assistant Secr. Naples Daily, a daily newspaper publishe( County, Florida; that the attached cop being a NOt;~(;e of Procosed Che Gclden Gate Ma in the matter of Ordinance no. was published in said newspaper issues starting on 4 / 8 / 9 8 and endi Affiant furthe~ says that the sa<l Nal:~es Oa~' published at Naples. ~n sa,d Coll~er County, FIc newspaper has heretofore been continuously publi51 Florida. each day and has ~ entered as secorx post off~ce ~n Naples. in said Collier County. Flocida. ~eceding the first publication of the attached co, affiant furthe~ says that he has neither paid not corporaPOn any discount, rebate, commiss~ o¢ seCuring this advertisement for publiCatien in the said "" (S,:Jnature Sworn tO and subscribed before me this 8 day of Apr ."~f :;~:.:/,~, IS~nature of Personally known Type of Identification Produced nroduced idenfific 12A 1 PUBLIC NOTICE PUBLIC NOTICE PUBI.IC NOTICE NOTICE OF PROPOSED CHANGE TO THE GOLDEN GATE AREA MASTER PLAN The Board of Commissioners proposes to adopt [he following by Ordinance: ORDINANCE NO. 98 AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS AMENDED, THE GOLDEN GATE AREA MASTER PLAN OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING SECTION B.t.B.4 "INTERSTATE ACTIVITY CENTERS" OF THE URBAN COMMERCIAL DISTRICT SECTION OF THE URBAN DESIGNATION SECTION OF THE LAND USE DESCRIPTION SECTION BY ADDING A NEW SUBDISTRICT CALLED THE PINE RIDGE ROAD MIXED USE DISTRICT TO Al. LOW C- t,~ USES AND BY AMENDING SECTION BA.C.3. SECOND PARAGRAPH SUBPARAGRAPH C "CONDITIONAL USES" ALSO OF THE LAND USE DESIGNATION DESCRIPTION SECTION BY INCREASING THE ACREAGE REQUIREMENT ALLOWED FOR CONDITIONAL USES; AND BY AMENDING THE FUTURE LAND USE MAP Of THE GOLDEN GATE AREA MASTER PLAN PROVIDING FOR DESIGNATION OF SAID DISTRICT ON THE FUTURE LANO USE MAP: BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFF,ECTIVE DATE. '.. in on the Ordnance wih be held on April 14, 1998 at 9:00 AM in the Board of County A publ!c hear g ,.__ o~,, ~r,~ ~'loor Administration Building County Government Center, East CommLssloners Meeu.~ ~-~,,,, -. ~ - , Naples, Florida. All interested parties are invited to appear and be heard. Copies of the proposed Ordinance are available for inspection at the Collier County Clerk's Off ce 4th Floor, Administration Building. County Government Center, East Naples, Florida; and at Comprehensve Plann ng Section, 2800 N. . rive Na les Florida between thc hours of 8:00 A.M. and 5:00 P.M., Monday through Horseshoe D '.. P ' . ............... ,- -h,,u~d be directed to the Comprehensive FriadnanYi'n,A~eYc¢~mes~ePn%%ar~n~nt.t:fi~;(~it~i~'~(~'r~l~ t; [~e' Board's Office prior to April 14, 1998, PIe ~ · wql be read and considered at the public hearing. · cides to a eel any decision made by the Board of County .co.rn..mi?sioners .with res.p,ect If a person..de .- --PP-" ..... ,- ~-~;,,,, ,,r hoarino he will need a recora of that proceeamg, aha tot to any matter conslaerea at such purposes he may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Ellie Hoflman Deputy Clerk. t~ 337059 ]. 2. A 1 ORDINANCE NO. 98- 26 AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05. AS AMENDED. THE GOLDEN GATE AREA MASTER PLAN OF Tile COLLIER COUNTY GROWTll MANAGEMENT PLAN. FOR TilE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. BY AMENDING SECTION B.I.B.4 "INTERSTATE ACTIVI'FY CENTER' OF THE URBAN COMMERCIAL DISTRICT SECTION OF TIlE URBAN DESIGNATION SECTION OF THE LAND USE DESCRIPTION SECTION BY ADDING A NEW SUBDISTRICT CALLED TIlE PINE RIDGE ROAD MIXED USE DISTRICT TO ALLOW C-I/T USES AND BY AMENDING SECTION C, SECOND PARAGRAPIt SUBPARAGRAPH C "CONDITIONAl. USES" ALSO OF Tile LAND USE DF.$1GNATION DESCRIPTION SECTION BY INCREASING THE ACREAGE REQUIREMENT ALLOWED FOR CONDITIONAL USES: AND BY AMENDING THE FUTURE LAND USE MAP OF THE GOLDEN GATE AREA MASTER PLAN PROVIDING FOR DESIGNATION OF SAID DISTRICT ON THE FUTURE LAND USE MAP; BY PROVIDING FOR SEVERABILITY: AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. the Board of County Commissioners adopted the Golden Gate Area Master Plan on February 5. 1991: WI1EREAS. Bruce Anderson and Robert Duane. representing Jim Colosimo. Trustee. has submitted an application to the Collier County Planning Services Deparlment to amend the Golden Gate Area Master Plan by allowing a new subdistrict called the Pine Ridge Mixed Use District and to increase the acreage allowed for conditional uses in Transitional Areas: and WHEREAS. Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on November 25. 1997; and WHEREAS. the Department oF Community Affairs did review and make written objections to this (}olden Gate Area Master Plan amendment to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law: WItEREAS. Collier County has 60 days from receipt of the written objections from ;he Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan: and WHEREAS. the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of this Future Land Use Element amendment to the Growth Management Plan on April 14. 1998; and WHEREAS. Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment to the Golden Gate Area Master Plan. including the following: the Collier County staff report: the Notice of Proposed Change application; thc document entitled Collier County Growth Management Plan Amendment (CP-97-2) and the other documents, testimony and information presented and made a part of the record of the proceedings of thc Collier County Planning Commission held on March 19, 1998, and lhe Collier County Board of County Commissioners held on April 14, 1998; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION QNF~: ADOPTION OF AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN OF THE GROWTH MANAGEMENT PLAN. The Board hereby adopts this amendment to the Future Land Use Map of Ihe Golden Gate Area Master Plan and the amendment to the Land Use Designation Description Section of the Golden Gate Area Master Plan, page 21, Section B.I.B.4 and page 28, Section C, second paragraph subparagraph c, in accordance with Section 163.3184, Florida Statutes, changing the map designation from "Estates" to thc new designation "Pine Ridge Road Mixed Use District". The text of the amendment is attached hereto as Exhibit "A" and the amended Future Land Use Map of the Golden Gate Area Master Plan is attached hereto as Exhibit "B", both of which are incorporated by reference herein. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this amendment to the Future Land Use Element shall be the date a final order is issued by the Department of Community Affairs or Admi,istration Commission finding the Element in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. Ifa final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective stattss, a copy of which -2- Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this ,.,/~4/ day of April, 1998. '.:"' DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS CHAIRMAN .APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJOI~IE M. STUDENT ASSISTANT COUNTY ATTORNEY $~9;~a~re only. 6 °RBA¥ineridl~e.,rm~ -3- 1) EXHIBIT "A" Amend t~e existing Golden Gate Area Master Plan to allow the creahon o! a "P~ne Ridge Road Mi,led Use D~strict" allowing no more than 5 acres of C-1/T uses on the eastern portion c~' the property. The proposed text change ~s to the Interstate Activity Center. page 21 Section B.1.B.4 as follows: Section B. 1 .B4 Interstate Actiwty Center of the Land Use Designation Descnphon Section 'On the fringes of the Gnlden Gate Master Plan boundaries there are several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road as detailed in the County-wide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the County-wide FLUE and not this Master Plan. Adiacent to this Activity Center on the west side of 1-75 and on the north side of Pine Ridqe Road is a property comprisinq 12.79 acres located to the west of the Naples Gateway PUD, which is desiqnated as the Pine Ridqe Road Mixed Use District and consists of Tracts 12, 13, and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Paqe 85, of the Public Records of Collier County. Within this district no more than 35 000 square feet of office related uses on 5 acres are permitted within the eastern port,on of this property. The property in its entirety is also permitted to be developed with the foIIowinq Conditional Uses of the Estates Zoninq District with a maximum floor area ratio (FAR) of 0.45: Cate.qory I and II Group Care Facilities; care units; nursin.q homes; assisted livinq facilities pursuant to 400402 F.S and ch 58A-5 F.A.C; conhnuin.q care retirement comrnumties pursuant to 651 F.S and ch 4-183 EA C; schools; churches; and child and adult day care facilities. Such permitted uses shall be encouraqed to be submittad as a Planned Unit Development for the subiect property in its entirety, with special attention to be provided for shared access, water manaqement, uniform landscapin~l, si~lnaqe, screenin.q and bufferin.q, and other pertinent development standards to ensure compatibility with nearby residential areas, and subject to the followinq additional criteria: There shall be no access onto Liwnqston Woods Lane; There shall be a minimum landscaped buffer alonq the north and west property lines of 75 feet; Driveway access, parkmq and water manaqement facilities may be allowed within the 75 foot buffer area alon,q the west property line and water manaqement facilities within the 75' buffer area alonq the north property line but none of these uses shall be located closer than 30 feet to the west or north property line; and No automobile parkinq, homeless shelters or soup kitchens shall be permitted; _and The eastern 2.59 acres more or less, of Tract 28 shall be presaged as wetlands and no development may occur within this area Appendix 9 of the Support Document provides a detailed map of the Activity Center boundaries. 2) Amend the existing Golden Gate Area Master Plan to permit conditional uses in excess of 5 acres. The proposed text change is to the Conditional Use Section, page 28, Section C. second paragraph, sub-paragraph c of the Land Use Designation Description Section as follows: Section C. second paragraph, sub-paragraph c, Corditional Uses In addition, conditionsl uses may be granted in transitional areas The purpose of this provision is to allow conditional uses ~n areas adjacent to non-residential uses generally not appropriate for residential use. The conditional use will act as a transitional use between non-residential and residential areas The following criteria shall apply for Transitional Conditional Use requests: Site shall be d~rectly adjacent to non-residential use (zoned or developed); Site shall be no closer than % road mile from the intersection of a Neighborhood Center; Site shall be 2.5 acres or more in size and shall not exceed 5 acresf, unless the subject property ~s adjacent to an Interstate Activity Center or the Pine Ridqe Road Mixed Use District with no interveninq public streets. Pmv!c!c.".cl Conditional uses shall be located on the allowable acreage directly adjacent to the non-residential use; Site shall not be adjacent to a church or other place of worship, school. social or fraternal organization, child care center, convalescent home. hospice, rest home, home for the aged, adult foster home, children's home. rehabilitation center: and Project shall provide adequate buffering from residential areas. Words underlined are additions' words s~.r,Jck .,,rcu...3,. are deletions. F.×hi hl ~ 'R' GOLDEN OATE AREA FUTURE LAND USE MAP LEGEND GO L DF.W OATI~ I'INI-: RIOOE RD.r~WHITE ~LYD. GOLDEN GATE AREA FUTURE LAND USE MAP COLLIER COUNTY. FLORIDA PROPOSED AMENDMENTS APRIL 1~8 NC, Al! ~OULEVARD STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-26 Which was adopted by the Board of County Commissioners on the 14th day of April, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of April, 1998. DWIGHT E BROCK ........... ,. Clerk of Courts and clerk.:C. Ex-officio to Board of' .'.' .... · '.. County Commissioners ~:.~, .' ', :':,~' : . . By~ Maureen Kenyo~j ,~, :.".' · . : Deputy Clerk .~-,, .~'..~ ' ' ..- COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to thc Board: Please place the following ns n: XXX Normal legal Advertisement [] Other: (Display Adv., location, crc.) OriginatingDept/Div: Comm. Dcv. Serv./Planning Person: ~ Date: 0~.~:~C.~;e/ Petition No. (If none, give brief description): PUD-92-$(2} Petitioner: (Name & Address): Community Dcvclopmcnl Corporation of Sterling Oaks, 16990 North Tamiami Trail, Naples, Florida 341 l0 Name & Address of any person(s) to be notified b7 Clerk's Office: (If more space is needed, attach separate sheet) Mork W, Minor, O. Gradv Minor & Associal¢s, P,A.. 3800 Via Del Rev. Bonita Springs, Flotilla 34134 Hearing before XXX BCC Requested Heating date: Other Newspaper(s) to be used: (Complete only if important): Based on advertisement appeari s before hearing. XXX Naples Daily News Othcr [] Legally Required Proposed Text: (Include legal description & comlnon location & Size: Companion petition(s), if any & proposed hcarin~date: Does Petition Fee include advertising cost? [~es [] No If Yes, what account should be charged for advertising costs: 113-138323.-649110 ,~.~ ~.~,"~:-' ,..'7~,.. (; O crT...r"' / Approved by: Reviewed by: -~...:'<" ' ~' ---' ~ Division Head Da~c Counly Mana§cr Date List Altachmcnls: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BFA: Initiating person to complete one co)' and obtain Division ltead approval before submitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute COllies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head Io approve and submit original to Clerk's Office. retaining a cop), for file. ~ OF PAGES (including this cover) llilllllllllllllllilillllllillllllllliilllillllllllllllllllllli LOCATION: NAPLES DAILY NEWS COM2iENTS: 263-4864 111111111111111111111111111111111111111111111111111111111111111 FROM: ELLIE HOFFMAN - MINUTES & RECORDS _~_ LOCATION: Collier County Courthouse FAX 2;0: (813) 774-8408 PHONE 'NO: (813) 77~, -8406 March 5, 1998 Ms. Judith Fianagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-92-5(2) Dear Judi: Please advertise the above referenced notice one time on Sunday, March 29, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 800551 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, APRIL 14, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 92-79, AS AMENDED, THE STERLING OAKS PLANNED UNIT DEVELOPMENT, BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO TABLE 1, DEVELOPMENT STANDARDS OF SECTION 4.5 DEVELOPMENT REGULATIONS, AND BY PROVIDING FOR SECTION TWO, EFFECTIVE DATE. Petition PUD-92-5(2) Mark W. Minor, of Q. Grady Minor & Associates, P.A., representing Community Development Corporation of Sterling Oaks, requesting an amendment to the Sterling Oaks Planned Unit Development. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) March 5, 1998 Community Development Corporation of Sterling Oaks 16990 North Tamiami Trail Naples, FL 34110 Re: Petition PUD-92-5(2), Sterling Oaks PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 29, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure March 5, 1998 Mr. Mark W. Minor, Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Petition PUD-92-5(2), Sterling Oaks PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 29, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 128 ORDINANCE NO. 98- AN ORDINANCE AMENDING ORDINANCE NUMBER 92-79, AS AMENDED, THE STERLING OAKS PLANNED UNIT DEVELOPMENT, BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO TABLE 1, DEVELOPMENT STANDARDS OF SECTION 4.5 DEVELOPMENT REGULATIONS, AND BY PROVIDING FOR SECTION TWO, EFFECTIVE DATE. WHEREAS, on October 20, 1992, the Board of County Commissioners approved Ordinance Number 92-79, as amended, which established the Sterling Oaks Planned Unit Development (PUD); and WHEREAS, Mark Minor of Q. Grady Minor and Associates, representing Community Development Corporation of Sterling Oakes, petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance Number 92-79, as set forth below; NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida: SECTION ONE: AMENDMENT TO TABLE 1, SECTION 4.5, DEVELOPMENT REGULATIONS Table 1, Development Standards of Section 4.5, Development Regulations of the Sterling Oaks Planned Unit Development (Ordinance 92- 79, as amended) is hereby amended to read as follows: Words struck Shroug~ are deleted; words ~ are added. DEVELOPMENT STANDARDS I'ermit,ed Use Detached Zero (Z) Attached Multi Standards Single Iotline delnched Single Family family Care Family single family Facility Minimum Site Area (m sq. fee0 6~ 3~ 18~ (8) I acre I acre Site W~dth M~nimum Avg. (I) ~' 35' 20' I~0' 150' Site Deplh Minimum Avg. (2) 75' 75' ~' N/A From Yard Sclback 10' (7) I(J' (7) 10' (7) N/A N/A Side Yard Setback O) 7.5' 0' or 5' (15) 0' or 7.5'(9) N/A N/A Trac~ Line Setbacks N/A N/A N/A 35' (I I ) 35' ( I Szerling Oaks Perimeter ~oundary N/A N/A N/A Setback 35' (~2) 35' ~kc Setback ~4) 0' 0' 0' 0' O' Prcsc~'c Sczbacks ~5) O' O' O' O' O' Rear Yard Setback Principal (6) 15' 12' 12' N/A N/A Rear Yard Sclback Acccsso~ (6) 5' 5' 5' 5' M~. Building H~. stories above 2 szories 2 stories 3 stories me~ Hood level 50' (13) 4 s~ories (14) Distance beiwccn Principal 15' [0: I/2 sum of I/2 sum of St~clurcs N/A heights (10) heights (lO) Flor Area Minimum sq. ft. per 8~ 8~ dwelling uni~ ~ ~ N/A ~Jde yard sc~backs for accesso~ 5' O' S~c~ures, comer lots (16~ -- -- 0~ ~ 5~ (I) Site width average shall bc dc,ermined by averaging the front and rear lot Icnglhs (tangent or arc length). (2) Site depth average shall be determined by dividing thc site area by site width average. (3) Bounda surve a~d lot lan shall be rc uircd at thc time of bnildin ermit submittal dcmonstratin, that the minimum se ar;~tion between structures is achieved as et forth herein. (4) Provided lake is bulkhead per Collier County L.~nd Devclopmcn! Regulations. (5) See Section 4.5A and lO. IF herein. (6) Not on lake or preserve. (7) Outdoor clear parking shall be adequale to park an automobile on the setback within which there ' with a minimum distance of 20 feet. as measured f'rnm ,ho b, ~her¢ is a drivew._~.~ ............... ~ uacK Ot curd or $1uewalK. (8) Minimum site area required per dwelling unit in Ibc event of fcc simple conveyance. (9) End units shall have a minimum rcquircd sidcyard of: 7.5 fcc, for one story buildings. 10 feet for Iwo story buildings, 15 feet for three story buildings. (10) Measured from walls closest to adjacent buildings. The height is determined by measuring from finished firsl floor to mean rood height excluding copulas and other decorative roof ornaments. (11) Tract line setbacks between muhi-family and group care facility shall be 35 feet or half the sum of the building heights whichever is less. (12) Along the northern perimeter, the setback may be 20 feet. (13). Tracts B. C. D are limi,ed to three stories. (14) Group care facilities arc limited ID Tract 'A". (15) Zero feet O' or a minimum of five feet 5' on either side excct that where thc z rD feet O' yard lion isutilized thou osite iteoftheslructure shall have a ten foot 10' ard. cro feet O' vardsma beusc__d.d on both sides of a slructure rovided hat thc o osite ten foot 10' ard i rovid d. altos Dis an_.~.d screen enclosures ma encroach into thc 10' ar and ma attach 1o Ihe ad'oinin dw Ilin rovidcd a...~n easement is ranted from the ad'oinin dweJlin unit owne A Io era'ncc of .2 cci shal b al ow a!,ne :~cmz~:rn:ali~tel...di.ne ,o avoid the ossibilitv of encroach em rovided ,he minimum se ara,ion ,ween s, ruc,rres ~ .L. im ed to New Development as of thc date of approval of this Amend~enl to include Tracts O.G. J,K, .M md N. Existin tract'ares and fur n Iru ' I dar o r val o this A en mnt shah not be deemed to be in on-cum liance b am n · F:SO\SO.PA _?- SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day ef , 1998. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA R. BERRY, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~d~---~RJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY f/ro~/S~erling Oaks P~;D Words struck throuqh are deleted; words underlined are added. -3- .._{ Naples Daily Ne~s Naples, FL 33940 Affidavit of Publication NorICEOF INTENT TO CONSIDER Naples Daily Neus ORDINANCE Notice Is hereby glve~ .................................................. ~ ............ that on TUESDAy~ APRIL 14, 1~, I1~ ~ ~vernme~ Ce~r, 3~1 E~t Tom~ ~ARD OF C~HTY COHHZSS~0NERS mi Troll, ~s ATTN: NAHCY SAL~UB ~ ~ PO ~X 413016 ~s~s ~, c~sl~ NAPLES FL 3~101-30~6 ~m~e. T~ ~11 c~m~e A~ T~ ~e AN O~DINANCE AMENDING ORDI. NANCE 92.79. AS REFERENCE: ~1230 ~551 A~N~D, T~ S~R. 57~5235 ~TZCE OF ZNTENT T0 LING OAKS ~ANNED UNIT ~L~ENT BY ~OVIDING SECTION ONE, S NOAROS ~ ~C- TION 4.5 DEVELOP~ ~NT REGULATIONS, AND BY PROVIDING FOR SECTION TWO, EFFECTI~DATE. ~ PU0-92.5(2) ' ~, ~ Q. Gr~v ~1. ~ & As~l~es P.A~ [e~e~ng Com~un~ ~v~l~e~ C~p~ bre~.ng Oaks Planned Un~ ~vel~me~. ~dl~ ~e lme ~d ~11 n~ a re- /pe~aln~ ~erefo and ~e ~ o ve~m evl~e~e ~ ~lch PUBLISHED OH: 03/29 BOARD OF COUNTY COMMISSION. s COLLIER COUNTY~ FLOR~A BARBARA B. BERRY, CHAIR~N DWIGHT E. BROCK, C~RK ~v:/s/EIIle ~m~ A0 SPACE: 75.~ [NCH o~Cle~ (~AL) FZLED ON: 0]/]0/98 ~ch ~ No. 117098 State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Hews, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a nevspaper published at Naples, in said Collier County, Florida, and that the said nevspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mai[ matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Signature of Affiant r*t ~ '/ , Sworn to and Subscribed before me this Personally known by me , ORDINANCE NO. 98- 27 AN ORDINANCE AMENDING ORDINANCE NUMBER 92-79, AS AMENDED, THE STERLING OAKS PLANNED UNIT DEVELOPMENT, BY PROVIDING FOR: SECTIO~ ONE, AI4E~DMENTS TO TABLE 1, DEVELOPMENT STAMDARDS OF SECTION 4.5 DEVELOPMENT REGULATIONS, AND BY PROVIDING FOP SECTI~t; TWO, EFFECTIVE DATE. WHEREAS, on October 20, 1992, the Board of County Commissioners approved Ordinance Humber 92-79, as amended, which established the Sterling Oaks Planned Unit Development (PUD); and WHEREAS, Idark Minor of Q. Grady Minor and Associates, representing Community Development Corporation of Sterling Oakes, petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance Number 92-79, as set forth below; NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida: SECTION ONE: AMENDMENT TO TABLE 1, SECTION 4.5, DEVELOPMENT REGULATIONS Table 1, Development Standards of Section 4.5, Development Regulations of the Sterling Oaks Planned Unit Development (Ordinance 92- 79, as amended) is hereby amended to read as follows: Words s~ruck ~hrQuqh are deleted; words underlined are added. · T^BLE! DEVELOPMENT STANDARDS Permitted Use Detached Zer. (Z) Attached Multi (;ruup Standards Single Iotline detached Single Family family Care Family single family' Facility Minimum Silo Area tin sq. feet) 60~ 30(X)' 1800' (8) I acre I acre Site Width Minimum Avg. (I) 60' 35' 20' 150' 150' Site Depth Minimum Avg. t2t 75' 75' 60' NA NA Front Yard Setback lO' t7~ IO' t7~ lO' t7} NA NA Side Yard Setback t3} 7.5' O' 9r 5' { I~ t)' c,r 7.5'49) NA NA Tract Line Setbacks NA NA NA 35' ( I I } 35' ( I 1 } Sterling Oaks Perimeter Bonndary NA NA NA 35' (12) 35' (12~ Setback Lake Setback t4) O' O' O' O' O' Preserve Setbacks t5} (}' O' (}' O' O' Rear Yard Setback Principal (6} 15' 12' 12' NA NA Rear Yard Setback Accessory (6) 5' 5' 5' 5' 5' Max. Building tit. stories above 2 stories 2 slorics 3 stories 50' (13} 4 stories mean flood level (14) Distance bctv..ecn Principal 15 I0 I/2 sutn of I/2 sum of NA Structures heights (lO) heights (lO) Floor Area Mimmum sq. ft. per 80{) 800 6tX) 6tX) I NA dwelling umt .st. ructures, corner lots (16} -- -' -- -- -- (I) Site ~idth average shall be detern:ined by avcraging the front and rear lot lengths (tangent or arc length} (2) Sile depth average shall be determined hv dividing th~ site area bv site width average. (3) Boundary survey and ph?t plan shall be required al the time of buildin~ hermit submittal demonstraung that Ihe mimmum scparaliotl between struciures is achieved as set fi'~rlh herein. ' (4} Provided lake is bulkheaded per Collier County l.and Development regulalions. (5} See Section 4.5A and IO. lFherein. (6~ Not on lake or preserve (Ti Outdoor clear parking shall be adequate 1o park an automobile on the setback within which Ihcrc is a drls'cwpy ~'ith a mimmum distance of 20 feet..as measured from the hack of curb or sidewalk. (8) Minimum site area required per dwelling unit in the event of fee simple conveyance. (9) End units shall have a minimum required sidcyard of: 7.5 feet for one story buildings, 10 feet for two slory buildings, 15 feet for three story buildings. (10) Measured from walls closest to adjacent buildings. The height is determined by measuring from finished first floor lo mcan roof height excluding coupulas and olher decorative r(xff or,iamenls. (l I} Tract line setbacks belween multi-family and group care facilily shall be 35 feet or half the suni of fhe buthllng heighls whichever ts less. 112} Along the northern perimeler, thc setback may be 20 feet. (13} Tracls B. C. D arc timiled lo three stories. (14) Group care facilities are limited to Tract 'A'. ~ ..Zero feet (0') or a minimum of five feet (5'1 on either side except that where the zero feet {0',~ yard optio:! is utilized, thc opposite side of lhc sln~cture shall have a ten fool (10'} yard. Zero reel (0'} yards may be use, I on both sides of a slructure provided that the opposile ten foot (10') yard is provided. Patios, pools an(! screen enclosures may encroach into the I0' yard and may attach to the adjoining dwelling provided a! .easemenl is granled from the adjoining dwelling unit owner. A tolerance of 0.2 feet shall be alit, wed ;dong I_be zero lot line lO avoid the possibility of encroachment provided the mtn}mum separation bctw~n stmqtur, is fn{~intained. ' (16} [.imled to new development as of the date of approval of this Amendment to include TraclsO, G,J,k, M and N. Words ~n.u:.k through are deleted; words 9nderlined are added. F SOxSO PA SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED A~ID DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ./9/ day of ~v~/ , 1998. ATTEST: DWIGHT E. BROCK, CLERK / / APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA MARJO~IE M. STUDENT ASSISTANT COUNTY ATTORNEY f/ton/Sterling Oaks PUD A .... "'~ ,'.~. Chai~mn'$ Words struck throuqh are deleted; words underlined are added. '3- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-27 Which was adopted by the Board of County Commissioners on the 14th day of April, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 1998. ,%' ... :*,,,* DWIGHT E. BROCK ,.'" :~ ..' :",. Clerk of Courts ancT"C~e~k '. Ex-officio to Boarx~ of' ; · County Commis ",~. .. ,: B~':.~ M '~ o · ,, · aureen Kenyo~ :,.'.,~' .,~: .., ., " Deputy Clerk; ~",,, 'P '~.~ ..... '..'." '" ,,,. ,.7 ..: .. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IlEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement 'l--I Other: 0)isplay Adv., location, etc.) Originating Dept/Div: Comm.Dcv. ScrvJPlanning Person: c~~_..~._ ~ Date: Petition No. (If none, give brief description): R-9g-1 Petitioner: ('Name & Address): .Community Development & Environmental Services DMsi0n, 2800 N. Horseshoe Drive. Naples. Florida 34104 Name & Address of an)' person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Davis Boulevard P~rtners, 4425 Becchwood lake. .Drive, Naples, FL 34112 Heating before XXX BCC BZA Other Requested Hearing date:__ ~'9')~x ~'~ k°~ Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal dcseription & common location & Size: Petition No. R-98-1, Community Development & Environmental Services DMsion. re,resenting thc Collier County Board of County Commissioners, requesting a rezone from "PUD" Planned Unit Development to "A" Rural Agricultural for the Neapolitan Park PUD located in the northeast comer of the intersection of Davis Boulevard and Santa Barbara Boulevard, in Section 4, Township 50 South, Ranee 26 East, consisting of 20 acres, more or less. Companion petition(s), if an5'& proposed hcanng~tc: Dc,:s Petition Fee include advertising cost? [~q~s [] No If Yes, what account should ~.~chargc. d, for ~venising costs: 11'-138323449110 ..... ~ _ -- / l/~ IlO ~~ ~00~ / R .viewed by: ~ / ~ I ¢ ~ 5 ]~--b~-~P~r~vcdby: Division Head Date } CounB' Manager Date List Attachments: D IST RI B UTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division llcad approval bet)re submitting to County Manager. Note: If legal document is involved, be sure that any necessar)' legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY' ~ OF PAGES (including this cover) !!ilii!!1111111111111111111111111111111111111111111111111111111 TO: MS. JUDIT~ FT~NA~.AN LOCATION: NAPLES DAILY NEWS FAX NO.: COM}LENTS: 263-4864 i11111111111111111111111111111111111111111111111111111111111111 FROM: ELLIE HOFFMAN- MINUTES & RECORDS L LOCATION: Collier County Courthouse FAX ttO: (813) 774-8408 PI[ONE 'NO: (813) 774-8&06 sent: ITime sent: February 23, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition R-98-1 Dear Judi: Please advertise the above referenced notice one time on Sunday, March 8, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 800551 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MAR~! 24, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: ~ ORDINANCE ~4ENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE U}~INCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY ~4ENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0604S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" PLANNED UNIT DEVELOPMENT KNO~ AS "NEAPOLITAN PARK PUD" TO "A", FOR PROPERTY LOCATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND SANTA BARBARA BOULEVARD IN SECTION 4, TO?~SHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. Petition R-98-1, Community Development & Environmental Services Division, representing the Collier County Board of County Commissioners, requesting a rezone from "PUD" Planned Unit Development to "A" Rural Agricultural for the Neapolitan Park PUD. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY CO~MISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ( SEAL ) February 23, 1998 Mr. Fred Reischl Current Planning Community Development & Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34112 Re: Public Hearing to Consider Petition R-98-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 24, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 8, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure MEMO To: From: Date: Re: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION Barbara Pedone/,,.- Fred Reischl April 13, 1998 Request for Continuance I have been informed that the Office of the County Attorney requests that Petition R-98- 1 (Neapolitan Park PUD Rezone) be continued from the Board of County Commissioners meeting of April 14, 1998 to an indefinite date. The Petitioner is also being notified of this request. Thanks. c: Ron Nino Connie Johnson Cecilia Martin Maureen Kenyon MEMO COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION To: Barbara Pedone From: Fred Reischl Date: March 17, 1998 Re: Request for Continuance The property owner requests that Petition R-98-1 (Neapolitan Park PUD Rezone) be continued from the Board of County Commissioners meeting of March 24, 1998 to the BCC meeting of April 14, 1998. Planning Services staff has no objection to this request. Thanks. c: Ron Nino Johnnie Gebhardt Connie Johnson Cecilia Martin Maureen Kenyon ORDI~JANCE :;0. 98- AN ¢)RDINA~CE AMEI'IDiNG ORDINANCE NUMBER 91-:.02, THE COLLIER COU:;/Y LAND DEVELOPMENT CODE WHICH ESTA}ILISHED iHE COMPREHENSIVE ZONING REGULATIONS FOR TEE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP £IUMBER 0604S BY CHANGING THE ZONING CLASSIFiCATIOU OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "NEAPOLITAN PARK PUD" TO "A", FOR PROPERTY LOCATED IN THE NOR%HEAST CORNER OF THE iNTERSECTION OF DAVIS BOULEVARD AND SANTA BARBARA BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 23, 1990, the Collier County Board of County Commissioners approved Ordinance Number 90-6 changing the zoning classification of the herein described property from "A-2" Pural Agricultural to "PUD" ~ianned Unit Development known as "Neapolitan Park PUD"; and WHEREAS, on October 30, 1991, %he Collier County Board of County Cor~T.~ss~oners adopted O:dinance 9i-102, the Collier Count}' Land Development Code, including Section 2.7.3.4, Time Limits for Approved PUD Master Plans; and WHEREAS, ~n March 18, i997 the Collier County Board of County Commissioners approved Resolution 97-92, pursuant to Section 2.7.3.4 cf the Land Deve!i~ment Code, Time Limits for Approved PUD Master Plans, requirln~ the property owner or agent of the Neapolitan Park PUD ng submit an amended PUD to the Planning Services Director prizr to September 18, !997 in order to cause said PUD to become consistent with the Collier County Growth M~nagement Plan; and WHEREAS, an amendment to the Neapolitan Park PUD was not received by the Planning Services iirecto~ prior to September !8, 1997; and WHEREAS, CormT~unity Developmen5 and Environmental Services Division, representing the Collier County Board of County Commissioners, petitioned the Board Of County conunissioners to change the zoning classification of the herein described real property, attached hereto as Exhibit "A"; and WHEREAS, the Collier County Planning CoMmission recommended that the Board of County Commissioners rezone the Neapolitan Park PUD from "PUD" Planned Unit Development to "A" Rural Agricultural; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD", Planned Unit Development known as Neapolitan Park to "A" Rural Agricultural, in accordance with Section 2.7.3.4 of the Collier County Land Development Code, Time Limits for Approved PUD Master Plans. The Official Zoning Atlas Map Number 0604S, as described in Ordinance 91- 102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED ANE~ DULY ADOPTED by the Board of County Cor~issioners cf Collier County, Florida, this day of , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, YLORiDA ATTEST: DWIGHT E. BROCK, Clerk B'f: BARBARA B. BERRY, Chairman Approved as ~o Form and Legal Sufficiency: Marj(Prie M. Student Assistant County Attorney LEGAL DESCRIPTION The Eas= 1/2 of the Southwes= 1/4 of =he Sou~h~es= 1/4 of Sec=ion 4, To~nsht9 50 Sou=h, Range 26 £as=~ less =he Sou~h 75 fee= ~hereof reserved for road righ=-of-way (Davis Boulevard), Collier Coun=y, Florida. EXHIBIT 'A" NapLes DaiLy Ne~s HapLes, FL ~9~0 Affidavit of Publication Naples Daily Ne~s BOARD OF COUNTY COMMISSIONERS ATTN: NAttCY SALOGUB PO BOX 413016 NAPLES FL 3~101-3016 REFERENCE: OO12~0 800551 57654119 NOTZCE OF INTENT TO State of FLorida County of ColLier Before the undersigned authority, personaLLy appeared Angels Bryant, who on oath says that she serves as Assistant Secretary of the ttapLel Daily llews, a daily newspaper published at UapLel, in Collier County, FLorida: that the attached copy of advertising wat published tn laid newspaper on dates Listed. Affiant further layl that the laid HapLe! Daily News is a newspaper published at Naples, in satd Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 0~/C)8 AD SPACE: 101.000 [NCH FILED ON: 03/09/98 Signature of Affiant ~ ,,,V',,"~/¢ t'4 t.~.,,'¢' :- S~orn to and Subscribed before me this /",~ day of PersonaLLy known by me ,~.,.~ 'F, ' '7~ NOTICE OF INTEl'IT TO CONSIDER ORDINANCE Notice is hes'ebv given thor on TUESDAY, ~AR~ 24, I~, In ~, ~d FI~ Ad- mlnl~J~ ~itdl~,' C~- tier C~ ~nme~ Ce~er, )~1 Emi Totals. mi Troll, Nople% F~t~, ml~s~ will (~lder ~e en~me~ ~ o Co.n~ ~¢r~ce. The meetino ~11 c~me.ce ~ A.M. The rifle ~ of ed ~dl~e I~ AN OEDINANCE AMENDING ORDI. NANCE NUMBER 91.101 THE COUN'7 Y ~AN~ VELOP~ENT CODE WHICH E~TABLI~ED THE COM~EHENSI~ ZONING REGULA.' TIONS F~ TH~ UNIN. CORPORATED AREA ~ C~LIER COUNTY, FL~IDA BY AMEND- ING THE OFFICIAL ZONING A~.AS MAP NUMBER 0604S BY ~ANGING THE ZON- ING CLASSIFICATION OF THE HEREIN ~1~O REAL ERTY FROM "PUD" PLANNED UNIT DE. VELOPMENT KNOWN AS "NEAPOLITAN P~K PUD" TO "A", FOR PROPERTY ~TED IN THE NORTH- EAST C~NER OF THE INTERACTION OF DA- VIS ~ULEVARD AND SANTA BARBARA ~U~EVARD IN ~C- TION 4, TOWNSHIP SOUTH, RANGE 26 EAST~ COLLIER COUN. TY, FL~IDA, CONSI~ TING OF 20 ACRES M~E OR LESS: AND BY PROVIDING AN FECTIVE DATE. P~flon R-~.I, C~munl- ~ Oevel~me~ & E~I. ronmentol Services Olvls~, r~ese~lng ~e C~ll~ C~ ~d County Commissioners, re~esfl~ a rez~e ~ '~UD" PI~ Unff vel~m~ ~ 'A" A~lcu~r~ f~ ~e Nam ~1~ P~k PUD. C~les ~ ~e ~dl~nce ~e ~ file w~ ~eCl~ ~d~ ~e ~al~le f~ Inst. fl~. All I~er~f~ ~e Inv~ ~ ~end ~d Any ~er~ ~o ~ld- ~e B~d ~11 need a re- pS,Dining ~ereto Dad · eref~e, ~ ~ to e~e ~ o [s~d ~ ~ ~eedl~s ~e, which recmd In- evlde~e ~ which BOARD OF COUNTY CO~MI~ONERS COLLIER COUNTY~ ~OR~A BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK B~/S/Ellis H~, ~ 8 f~o. 116~9 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) [] Other: Petition No. (If none, give brief description)'. PUD -97 - 17 Petitioner: (Name & Address): Amerada Hess (~0rp0rati0n, 909 250' Driv~ East, Ellent0n, Florida 34222 and Garrctt F. X, Bcyrgnt and Ter3'l Br¢?~ki, 2375 Tamiami trail No.. Suite 304. Naplgs, Florida 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Bruce Siciliano, AICP. Al~oli. Barber & Brundag¢, In<;,, 7400 Tamiami Trail North, Naples, FL 34108 and Attorney Dudley Goodlette, Goodlette. Coleman & Johann, .PA, 4001 Tamiami Trail North, Naples, FL 34103 Hearing before XXX BCC Requested Hearing date: Newspaper(s) to be used: (Complete only if important): Based on advertisement appeari .g~days before hearing. XXX Naples Daily Ne~ Other [] Legally Required Proposed Tern: (Include legal description & common location & Size: Petition No, PUD-97-17, Bruce J. Siciliano, AICP, 0f Agn0li, Barber & Br~ndage. Inc.. and Att0me3, Dudley G00dl¢lle 0f Goodlette, ¢'~leman & Johnson, P.A., repre~nting Amerada Hess Corporation and QarreH: F,X, Bcyrent and Tcr'yI Brez~ki, r~ucsting a r~zon~ from "E" Estates to PIjD I0 l;g known as Pine Ri_dgc Comers PUD. for highv,~ay-oriented and convenience commercial uses for property located on Ihe north side 0fPine Ridge Road and west of 1-75, further described as Tract 77, Golden Gate Estates, Unit 35, in Section 7, Township 49 South, Range 26 East, Collier County, Florida, ¢onsisling of 4.38 acres, more or less, Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost'? ~ [] No if Yes. what account should be charged for advertising costs: 113-138323-649110 RoAcwed by: ~ O :~ ~ O0 ~" ~' / Approvcd by: List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division llead approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and mbmit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: ~ Date Received: ////.~ ~//9~T' Date ofPublic hearing.'~-/~/fl'~ Date Advertised: .~//~-Lh;" t OF PAGES !ii111111111111111111111111111111111111111111111111111111.111111 _~9~ ~S ~ , · e: . )_ 9?-/ !ili!!i1111111111111111111111111111111111111i111111111111111111 ~ROH~ LOCATION: Collier County Cp~rthouse ',': ~ U6~ (813) 7?4-8408, ~ PHONE'NO: (813) 774-8406 ]068C~12 February 2, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearin9 to Consider Petition PUD-97-17 Dear Judi: Please advertise the above referenced notice one time on Sunday, February 22, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 800551 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MARCH 10, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER CCUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP N~4BER GGE01; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PINE RIDGE CORNERS PUD, FOR HIGHWAY-ORIENTED AND CONVENIENCE CO~&MERCiAL USES, LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD AND WEST OF 1-75, FUP.THER DESCRIBED AS TRACT 77, GOLDEN GATE ESTATES, UNIT 35 IN SECTION 7, TO?~SHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.38 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-97-17, Bruce J.. Siciliano, AICP, of Agnoli, Barber & Brundage, Inc., and Attorney Dudley Goodlette of Goodlette, Coleman & Johnson, P.A., representing Amerada Hess Corporation and Garrett F.X. Beyrent and Teryl Brezski, requesting a rezone from °'E" Estates to PUD to be known as Pine Ridge Corners PUD. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAI~4AN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ( SEAL ) February 2, 1998 Amerada Hess Corporation 909 25th Drive East Ellenton, FL 34222 Re: Public Hearing to Consider Petition PUD-97-17 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 10, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 22, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure February 2, 1998 Garrett F.X. Beyrent Teryl Brezski 2375 Tamiami Trail North, Suite 304 Naples, FL 34103 Re: Public Hearing to Consider Petition PUD-97-17 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 10, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 22, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure February 2, 1998 Mr. Bruce J.. Siciliano, AICP Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North Naples, FL 34108 Re: Public Hearing to Consider Petition PUD-97-17 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 10, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 22, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure February 2, 1998 Attorney Dudley Goodlette Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North Naples, FL 34103 Re: Public Hearing to Consider Petition PUD-97-17 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 10, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 22, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure AN ORDINANCE A~ENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER GGE01; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "E" Estates TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PINE RIDGE CORNERS PUD, FOR HIGHWAY-ORIENTED AND CONVENIENCE COMMERCIAL USES, LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD AND WEST OF 1-75, FURTHER DESCRIBED AS TRACT 77, GOLDEN GATE ESTATES, UNIT 35 IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.38 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bruce J. Siciliano, AICP, of Agnoli, Barber and Brundage, Inc., and Attorney Dudley Goodlette of Goodlette, Coleman and Johnson, P.A., representing Amerada Hess Corporation and Garrett F. X. Beyrent and Teryl Brezski, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, is changed from '~E" Estates to "PUD" Planned Unit Development in accordance with the Pine Ridge Corners PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number GGE01, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. 12B PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney -2- PINE RIDGE COP, aN'ERS PLANNED UNIT DEVELOPMENT Prepared for: Amerada Hess Corporation and Gary Beyrent and Teryl Brezski Prepared by: Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 October 12, 1997 Date Filed: Date Reviewed by CCPC: Date Approved by BCC Ordinance No: PINE RIDGE COI~NERS PUD DOCUMENT TABLE OF CONTENTS SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI Statement of Compliance Property Ownership, Legal Description and Short Title Statement of Intent and Project Description General Development Regulations Permitted Uses & Dimensional Standards Development Commitments Page 1 2 3 4 10 13 EXHIBIT A LIST OF EXHIBITS PUD Master Plan SECTION I STATEMENT OF COMPLIANCE The development of 4.38 acres of property in Section 7, Township 49 South, Range 26 East, as a Planned Unit Development to be known as the PINE RIDGE CORNERS PUD complies with the planning goals and objectives of the Collier County Growth Management Plan for the following reasons: I.I 1.2 1.3 1.4 1.5 1.6 The subject property, is located in an Interchange Activity Center as designated in the Future Land Use Element of the Collier County Growth Management Plan. Activity Centers are the preferred locations for the concentration of commercial uses and permit the full array of such uses. Improvements are planned to be in compliance and in many instances exceed applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in Policies 3.1H and 3. IL of the Future Land Use Element. The project contains a mix of commercial uses combined with architectural controls and extensive screening and buffering that are designed to make the project compatible with and complementary to both nearby planned commercial and residential land uses, as required by Policy 5.4 of the Future Land Use Element. All final local Development Orders for this project are subject to the Collier County Concurrency Management System as implemented by the Adequate Public Facilities Ordinance. WP. 12.J24KY. DOC 1 2.1 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE PROPERTY OWNERSHIP The property is owned by Garrett F. X. 2.2 2.3 LEGAL DESCRIPTION Beyrent and Teryl Brezski, Joint Tenants All of Tract 77, Unit 35, Golden Gate Estates, according to the plat thereof as recorded in Plat Book 7, Page 85 of the Public Records of Collier County, Florida. O.R. Book 125 I, Page 1485, less that area taken for 1-75 right-of-way. SHORT TITLE This ordinance shall be known and cited as the "PINE RIDGE CORNERS PLANNED UNIT DEVELOPMENT". wl~'12'$ 2 4Kr. DOC 2 3.! SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION INTRODUCTION 3.2 3.3 The owner's intent is to create a Planned Unit Development meeting or exceeding the applicable standards of the Collier County Land Development Code. This document outlines guidelines for future development of the project that meet accepted site planning and urban design practices, and to implement the Collier County Growth Management Plan. PROJECT DESCRIPTION The project is comprised of 4.38 acres, more or less, and is located on the north side of Pine Ridge Road, approximately 1,000 ft. to the west of 1-75. The Pine Ridge Comers PUD will include a mixture of commercial and office uses. The Pine Ridge Comers PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is illustrated graphically on Exhibit 'A" PUD Master Plan. A land use summary indicating approximate land use acreage is shown on the plan. LAND USE PLAN 3.4 The project permits a range of commercial uses to meet neighborhood shopping needs as well as the motoring public traveling to and from 1-75. The PUD Master Plan depicts internal circulation, open spaces, landscape buffer areas, and external access points. The PUD Master Plan is designed to be flexible. The configuration of commercial areas will not be determined, and platted until subdivision approval is obtained. PROJECT PHASING The anticipated time for build-out of the project is three (3) years from the date ofapproval of the PUD. 3.5 PHYSICAL DESCRIPTION The project site is located within the 1-75 canal basin as shown on the Collier County Drainage Atlas sheet A-27. Runoff from the site will flow easterly to the 1-75 canal system. The project will be designed for a storm event of 3-day duration and 25-year return frequency as well as water quality in accordance with the rules of South Florida Water Management District. DOC' 4.1 PURPOSE SECTION IV GENERAL DEVELOPMENT REGULATIONS 4.2 The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective land uses. GENERAL Ao Do Regulations for development of the PINE RIDGE CORNERS PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and the Growth Management Plan which authorizes the construction of improvements, such as but not limited to: Final Subdivision Plat, Final Site Development Plan Approval, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless othensrise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time ofbuilding permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of PINE RIDGE CORNERS PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, other provisions of the Collier County Land Development Code, where applicable, remain in effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a Concurrency review under the provisions of Div. 3.15 of the Collier County Land Development Code at the earliest or next to occur of either Final Site Development Plan Approval, Final Plat approval, or building permit issuance applicable to this development. ~P.I2.J24KT. DOC 4 4.3 4.4 4.5 SITE CLEARING AND DRAINAGE Clearing, grading and earthwork shall be in acc~;rdance with Section 3.2.8.3.6 of the Collier County Land Development Code, and site drainage v,'ork shall be in accordance with Section 3.2.8.3.7 of the Collier County Land Development Code. EASEMENTS FOR UTILITIES Easements. shall be provided for water management areas, conservation areas, utilities and other purposes as may be required by COllier Count.,,' and other permitting agencies. All necessary easements, dedications or other instruments shall be granted to ensure continued operation and maintenance of' all services and utilities, in compliance with applicable regulations in effect at the time approvals are requested. AMENDMENTS TO THE blASTER PLAN The Master Plan is designed to be flexible with regard to the placement of buildings, as long as the final design complies with all the applicable portions of the PUD ordinance and building heights and setbacks are the same as depicted on the PUD Master Plan. The Planning Services Director shall be authorized to approve minor changes and refinements to the PiNE RIDGE CORNERS Master Plan upon written request ofthe owner based on the above and the following, in addition to the standards provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. To reconfigure lakes, wetland preserve areas, ponds, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights-of-way. Reconfiguration of the development envelopes where there is no encroachment into buffer areas and all pertinent setback requirements provided for in this ordinance are met. 4.6 PROJECT PLAN APPROVAL REQUIREMENTS The PUD Master Plan, constitutes the required PUD Development Plan. Upon receiving PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan pursuant to the requirements of Division 3.2 of the Collier County Land Development Code. WP.12.$2.tKT. DOC 5 4.7 4.8 4.9 A Site Development Plan shall be submitted and reviewed for individual lots in accordance with all provisions of Div. 3.3. Site Development Plans of the Collier Count',' [.and Development Code. unless othem'ise provided for within this PUD. and prior to the i~suance ora building permit or other required development orders. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl. The excavation ofem"then material and its stockpiling in preparation of water management facilities or to otherwise development water bodies is hereby permitted. If, after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition ora "Development Excavation" pursuant to Sec. 3.5.5.1.3. Land Development Code, whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Planning Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All provisions of Sec. 3.5, Land Development Code are applicable. SUNSET AND MONITORING PROVISIONS The PINE RIDGE CORNERS PUD shall be subject to Sec. 2.7.3.4, of the Collier County. Land Development Code. Time Limits for Approved PUD Master Plans and See. 2.7.3.6. Monitoring Requirements. POLLING PLACES 4.10 Any community recreation/public building/public room located within the PINE RIDGE CORNERS PUD may be used for a pollin~g, place, if determined necessary by the Supervisor of Elections, in accordance with Sec. 2.6.~0 of the Collier County Land ISevelopment Code. NATIVE VEGETATION RETENTION I:LEQUIREMENTS The project shall preserve native habitat, in accordance with the provisions of Section 3.9.5.5.4 Vegetation Removal, Protection. and Preservation Standards, of the Collier Count>.' Land Development Code. WP.12.J2.tKr. DOC 6 4.11 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance ofcommon facilities easements, open spaces, preservation areas, and the water management facilities shall be the responsibili .ty of a property owners association. All landscaping, parking, loading and stormwater management not in common area shall be the responsibility of individual users. 4.12 ARCHITECTURAL STANDARDS All buildings, lighting, signage, landscaping and visible architecture shall be architecturally and aesthetically unified through the use ofsimilar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors with stucco except for decorative trim. Ail roofs must be tile or metal and shall be peaked. Decorative parapet walls shall be constructed above the roof lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design master plan shall be submitted with the first application for Site Development Plan approval demonstrating compliance with the requirements of Division 2.8 of the Collier County Land Development Code pertaining to architectural and site design guidelines. 4.13 LANDSCAPING AND BUFFERING Landscaping and buffering shall be in accordance ',,,'/th Division 2.4 of the Collier County Land Development Code, including the following requirements: A twenty (20) foot wide Type "D' Buffer shall be provided along Pine Ridge Road with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (2) A ten (10) foot wide Type "A" Buffer shall be provided along the eastern and western PUD boundaries with the landscaping as required in Section 2.4.7.4 of the Collier County Land Development Code. (3) A five (5) foot wide buffer along the internal roadway shall be provided with trees spaced a minimum of twenty (20) feet on-center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. The specific location of the ',vest border buffer shall be as indicated on the Master Plan. Should development of Area B be proposed prior to the vacation of the easement, a temporary, buffer will be installed. WP.12.$2 4KT. DOC 7 (4) Buffering between other internal parcels shall include a five (5) foot wide buffer alonr, each parcel to be developed, with trees spaced a minimum of twenty (20) feet on- center and a single row of shrubs spaced a minimum of three (3) feet on-center. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. (5) A t~venty (20) foot wide Type "D" Buffer shall be provided along Livingston Woods Lane with more stringent screening than required in Section 2.4.7.4 of the Collier County Land Development Code. Trees shall be spaced a minimum of fifteen (15) feet on-center and a single row of shrubs shall be spaced a minimum of three (3) feet on-center, with both trees and shrubs located on the northern side of an eight (8) foot tall architecturally finished opaque masonry, wall. Such wall shall have a common architectural theme with the other buildings and signage within the PUD, as described in Section 4.12 of this PUD Document. and be installed and maintained with the finished side out towards Livingston Woods Lane. Such trees and shrubs shall meet the requirements of Section 2.4.4 of the Collier County Land Development Code. This buffer shall be installed as a required improvement for the first Site Development Plan within the subject PUD. Additionally, along the southem side of the wall, there shall be planted at least forty-five (45) Re~l Maple trees, or similar species, that are at least eight (8) feet tall. (6) Required landscaping shall be maintained and replaced within ninety (90) days ifplant material dies. (7) No landscape buffer will be required between areas A and B. 4.14 SOLID WASTE Trash receptacles shall be screened on three (3) sides by a seven (7) foot high o.~aque masonry wall with an opaque gate on the remaining side for access. Such masonry wall shall also meet the architectural standards further described in Section 4.12 of this PUD Document. 4.15 LIGHTING Pole lighting shall be prohibited. Architecturally finished larnpposts not exceeding a height oftwen .ty (20) feet shall be permitted within Area "C" and not exceeding a height of twelve (I 2) feet shall be permitted within Area "B". Lighting shall meet the architectural standards further described in Section 4.12. Of this PUD Document. Lighting shall be designed so that glare does not extend off-site onto residential properties. WP. 12-J2.tKr. DOC 8 12B -il. ' 4.16 SIGN Signs shall be permitted as described in Section 2.5 of the Collier Count' Land Development Code except pole signs, as described in Section 2.5.5.2.3.1 shall not be permitted. Ground signs, as described in Section 2.5.5.2.3.1, shall be permitted but shall not exceed a maximum height of eight (8) feet. Signage shall also meet the architectural standards further described in Section 4.12 of this PUD Document. Sign locations have been identified on the PUD Master Plan. 4.17 ARCHAEOLOGICAL RESOURCES Such resources shall be subject to the requirements of Section 2.2.25 of the Collier County Land Development Code. WP-12.$ 2.t KY. DOC 9 5.1 5.2 5.3 SECTION V PEPuMITTED USES AND DIMENSIONAL STANDARDS PURPOSE The purpose of this Section is to identify, permitted commercial uses and development standards for areas within the PINE RIDGE CORNERS PUD designated on the PUD Master Plan. GENEIL&L DESCRIPTION The land use acreage tabulations for the PINE RIDGE CORNERS are depicted on the PUD Master Plan. This acreage is based on conceptual designs and is subject to further refinement. Actual acreages for building parcels and open space will be provided at the time of submittal of the Preliminary Subdivision Plat. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Area "A" Permitted Principal Uses and Structure~: I. Open Space, landscaping and buffers. 2. Stormwater Management Areas. Area "B" Permitted Principal Uses and Structures: 1. Depository Institutions [groups 6021-6062 (Commercial Banks, Institutions, and Credit Unions)]. 2. Eating Places (group 5812, site-down restaurants only). 3. Health Services (groups 8011-8049, 8082). 4. Hotels and Motels (group 7011). 5. Insurance Agents, Brokers, and Services (group 6411). 6. Miscellaneous Retail [groups 5912 (Drug Stores), 5992 (Florists)]. Savings · 'P. t2J2.~K;'.DOC I 0 7. Personal Services [group 7231 (Beauty Shops)]. 8. Real Estate Agents and Managers (group 653 I). 9. Travel Agencies (group 4724). 10. Video Tape Rental (group 7841). 11. Professional Offices, Medical Offices and Management Consulting Services (groups 8711-8748). I2. Any other commercial use or professional service which is compatible in nature with the foregoing uses. Co Area "C" Permitted Principal Uses and Structure:i: 1. All Permitted Principal Uses for Area "B" as described within this PUD Document. Gasoline Service Stations (group 5541), as described in Section 2.6.28 of the Collier County Land Development Code. Auto repair and tire sales are prohibited, however an accessary tunnel drive-thru car wash is permitted. 3. Convenience stores (group 5411). 4. Eating Places (group 5812). 5. Any other convenience commercial use or professional service which is compatible in nature with the foregoing uses. 6. Uses and structures that are accessory and incidental to the uses permitted as of right in the PINE RIDGE CORNERS PUD. 7. Loud speakers and public address systems are prohibited. 5.4 DIMENSIONAL STANDARDS The following development standards shall apply to permitted commercial uses in the PINE RIDGE CORNERS PUD. I. Minimum Lot Area: Twelve Thousand (12,000) Square Feet. 2. Minimum Lot Width: Seventy-five (75) Feet. WP.12.$24KZ. DOC ! 1 10. 3. Minimum Yard Requirements: a. Front Yard: Twenty-five (25) feet. b. Front Yard: Along Pine Ridge Road - Twenty Five (25) feet. c. Front Yard: Along Livingston Woods Lane - Ninety (90) feet. d. Side Yard: Ten (10) feet. e. Side Yards: Between two (2) lots within the PUD - Ten (10) feet. f. Side Yards: External to the PUD - Fifteen (15) feet. g. Rear Yard: Fifteen (15) feet. Maximum Height: Thirty (30) feet. Hotels and motels shall be limited to two (2) stories. Minimum Floor Area of Structures: Seven hundred (700) square feet for the principal structure on the first habitable floor. Maximum Density: Twenty-six (26) units per acre for motels and hotels. Minimum off-street parking and off-street loading: As required in Division 2.3 of the Collier County Land Development Code. Distance between structures: The distance between any two principal structures shall be a minimum of twenty (20) feet or a distance equal to one- half the sum of their heights, whichever is greater, unless attached. Merchandise storage and display: There shall be no outside storage or display of merchandise. Maximum number of Buildings: Four (4) buildings plus accessory structures. Area B may have two principal structures. Area C to have one (1) principal structure, one (1) accessory structure (including car wash) and one (I) canopy structure. W?.I2.$24KT. DOC 12 SECTION VI 6.1 DEVELOPMENT COMMITMENTS 6.2 6.3 6.4 The purpose of this Section is to set forth the regulations for the development ofthis project. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regualtions applicable to this PUD. Except where specifically noted or stated otherw,se, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be planed. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property,. In addition, any successor or assignee in title shall be subject to any commitments within this agreement. PUD MASTER PLAN ho Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Plating or Site Developn~ent Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. TRANSPORTATION_ ho Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. B. Access from Pine Ridge Road shall be limited to right in/fight out only. The applicant shall be responsible for the installation of arterial level street lighting at ail project entrances. WP.12.$ 2 4KT. DOC 13 t2B ",1,1. ' Eo Go Ho The County reserves the right to restrict and/or modify the location and use of median openings in accordance with Resolution 92-42~. Collier County Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. Nothing in any development permit issued by the County. shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. Compensating right-of-way for rum lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way. Such dedication shall be considered site r~lated and there shall be no road impact fee credit to the applicant. ' The applicant shall be responsible for the construction ora westbound fight mm lane at the project entrance in accordance with Ordinance 93-64. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless other.vise approved by the Board of County Commissioners. Road improvements required for this project, both site specific and system capacity, shall be in place prior to the issuance of any Certificates of Occupancy for the development. All required improvements, excluding fight-of-way donations for roadway segments specifically mentioned in the CounLy's Five-Ten Year Work Plan, shall be considered "site related" as defined in Ordinance 92-22, as amended, the Collier County' Road Impact Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that ordinance. Project entrances shall be designed to preclude the backing up of entering vehicles onto adjacent public roadways. If access is to be controlled by means ora gatehouse or card controlled gate, the gate or gatehouse shall be designed, located and operated so as not to permit such vehicular backup. A minimum throat lenmh for vehicle stacking shall be 75'. Where the expected Peak Hour traffic volumes~e equal to or greater than 30 vehicles, the minimum throat length shall be I00'. Wt~'12'$24rr'OOC 14 6.5 Ao Bo Co Do Eo Fo Sewage disposal shall be provided by the Public Works Division of Collier County, by tying into the County force main on Pine Ridee Road. The internal system sba'fl gravity into a master pump station on site which shall be owned and maintained by the owner, his heirs or assigns. The downstream pump stations shall be hydraulically analyzed to determine if capacity is sufficient to accommodate the additional wastewater f:om this project. If sufficient capacity does not remain, developer shall upgrade any and all downstream stations at no cost to Collier County. Potable water shall be provided by Collier County via a water main which runs east and west on Pine Ridge Road. Developer shall tie into the County system and extend the main to the property via mains which are large enough to provide this project with potable water and fire protection. Ifa dual system is installed, the potable main shall be analyzed for chlorine residuals as per Collier County Public Works Division. This project shall be master metered and backflow preventors shall be installed in accordance with all County and State regulations at no cost to the County. All on site water facilities shall be owned and maintained by the developer, his heirs or assigns. 6.6 ENVIRONMENTAl', Ao Bo An appropriate portion of native vegetation shall be retained on-site as required in Section 3.9.5.5.4 of the Land Development Code. .an exotic vegetation, removal, monitoring, and maintenance (exotic free) plan for the site shall be submitted to Current Planning environmental staff for review and approval prior to Final Site Development Plan/construction plan approval. t*?.I 2. $ :.tKr. DOC 15 6.7 WATER MANAGEMENT REOUIREMENTS Ao Detailed paving, grading and site drainage plans shall be submitted to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Planning Services Director. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier Count.,,, Land Development Code. Landscaping shall not be placed within the water management areas unless specifically permitted by the Collier County Land Development Code. WP.12.324KT. DOC 1 6 31NE RIDGE CORNERS PUD PLAN bellows_r From: bellows r Sent: Monda~ March 16, 1998 4:26 PM To: gebhardt_j; komorny_b Cc: martin c Subject: PUD-9-7-17, Pine Ridge Corners PUD Please be advised that the above referenced petition has been continued indefinitely from the March 19th CCPC meeting and from the April 14th BCC meeting. Once the petitioner has determined that the project is ready to proceed to the public hearings, I will have this item readvedised for the new meeting dates. If you have any questions concerning this matter, please do not hesitate to ask. cc: Maureen Kenyon Page 1 bellows r From: Sent: To: Cc: Subject: bellows r Tuesday', February 17, 1998 3:10 PM gebhardt] komomy_b PUD-97-17, Pine Ridge Comers PUD Please note that the above referenced petition has been continued from the March 10, 1998 BCC meeting to the Apdl 14, 1998 BCC meeting. If you have any questions, please do not hesitait to ask. cc: Maureen Kenyon File Ray, The advertising for the above-referenced petition has Naples Daily News for the meeting of March 10, ~998. Please have the petition appear on the BCC Agenda for March noted as Continued to the ~leeting of April 14, 1998. Thank you, Ellie Hoffman Minutes & Records been forwarded to the (as originally requested) 10, 1998 and cc: Johnnie Gebhardt Barbara Komorny Barbara Pedone Page 1 bellows_r From: Sent: To: Cc: Subject: bellows r Friday, ~ebruary 13, 1998 3:39 PM pedone_b gebhardt_j & ' ~ PUD-97-17, Pine~'aege~orners Please be advised that the above referenced project needs to be pulled from the March 10, 1998 BCC meeting and readvertised for the April 14, 1998 meeting. If you have any questions conceming this matter, please do not hesitate to ask. Page 1 NapLes DaiLy Nevs NapLes, FL. 339~+0 Affidavit of PubLication NapLes DaiLy tiers BOARD OF COUNTY CONHZSS%ONERS ATTN: NANCY SALOGUB PO BOX ~13016 NAPLES FL 34101-3016 REFERENCE: 001230 8005Sl S76~4933 NOTICE OF INTENT TO State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she servel as the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising vas published in said newspaper on dates Listed. Affiant further says that the said Naples 0atly Nevs is a newspaper published at Naples, in said Collier County, FLorida, an4 that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/22 AD SPACE: 108.000 INCH FILED ON: 02/23/98 Signature of Affiant °;' /' Sworn to and Subscribed before me this ~?c/ day of PersonaLLy known by me :, ~ ~//~/. /.~'. 'O NOTICE OF: INTENT TO CONSIDER ORDINANCE Notice Is hereby given thor on TUESDAY, MARCH 10, 1~98, in the Boordroom, 3rd Floor, Ad. mlnlstrcdlo~ Building, Col. Iter Courffv' Government Cenfe% 3301 East Tomio- mi Troll, Noples, F or do, rn.e .Board of Courev Com- missioners will ~e enactment of a Courrt~ Ordinance. The meeting will commence at 9:.00 A.M. The thge ot of the J pro~sed Ordinance Is as to, lows: AN ORDINANCE AMENDING ORDI. NANCE NUMBER 91.107, THE COLLAR COUNTY LAND DL:- VELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULA. TIONS FOR THE UNIN- CORPORATED AREA Of= COCLIER COUNTY, FLORIDA BY AMEND. lNG THE OFFICIAL ZONING ATLAS MAP NUA/,BER GGE01' BY CHANGING THE 'ZON* lNG CLASSIFICATION OF THE HEREIN DE. SCRIBED REAL PROP- ERTY FROM ESTATES TO "PUD" PLANNED UNIT DE- VELOP/V~ENT KNOWN AS PINE RIDGE COR- NERS PUD, FOR 'HIGH. WAY-ORIENTED AND CONVENIENCE COM- MERCIAL USES, LO- CATED ON THE NORTH SIDE OF PINE RIDGE ROAD AND WEST OF 675, FUR- THER DESCRIBED AS TRACT 77, GOLDEN GATE ESTATES, UNIT 35 IN SECTION 7~ TOWNSHIP 49 SOUTH, RANGE :26 EAST~ COL- LIER COUIJTY, FLORI. DA. CONSISTING OF 4.3~ ACRES MORE OR I A" EFFECT'VE Pe~flon 'PUD-~.17, Brae ~. SIclII~, AI~, ~ A~ Inc., ond A~ney Ou~ ev .................. ~leffe of ~derie, re~resentlng Amerodo Hess CorDoroflon and ~reff F.X. ~yrent and T~I Brezskl, reauesfl~ 1O,~; a rez~ from "E" Est~es ~ PUD fo ~ kno~ Pine Rtd~ C~ners PUD. C~les ~ the pr~s~ Ordi~e me ~ tile wt~ ~e Cle~ ~ ~e B~d ~d ~e ~diloble f~ Ins~ec- lion. All Interested ~e Inv~ed to ~end ~d ~ he~ Any ~on ~o ~1~ ~ to ~e~ a ~clsl~ ~e ~d ~11 need a re. c~d ~ ~e ~r~eedin~ pe~olnlng thereto an( · eref~e~ ~V ~ ~e ~ a v~m ~ r~d ~ ~e ~e~ Is m~e.~lch rec~d in. ' evme~e ~ ~lch ,' · ~eal Is "~ BOARD OF COUNTY CO~MISS~ONERS '":".;';.~'J';'"' ~:C'~: COLLIER COUNTY, FLORIDA BARBARA B. BERRY~ CHAIRMAN DWIGHT E. BROCK~ ~ERK COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: 128 XXX Normal legal Advertisement (Display Adv.. location, etc.) F'] Other: Originating Dcpt/Div: Comm. D~'.Scrv./Planning Person: Date: Petition No. (If none, give brief description): .PI. JD-87.3 I Petitioner. (Name & Address): .SlO Land Trust, % Domenico Gadaleta, 572 !o7' Ave., N, Naples, FL 34108 Name & Address of any person(s) lo be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mr. Timothy W. Fcrguson, P.A., 2271 Airport Rod S., Sic. #210. Naples. Florida 34112 Hearing before XXX BCC BZA . Other Newspaper(s) to be used: (Complete only ix portant): Based on advertisement appear' g~ays before hcaring. XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: [] Legally Required Companion petition(s), if any & proposed hearing date: Docs Petition Fee include advertising cost.'? ~Yes ['-] No If Yes, what account should be charged for advertising costs: 113-138323-649110 Reviewed by: eO'~' ~ 00~"~ / Approved by: · .> // ';. ,; Di cad Date County Manager Date List Altachmcnts: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessary, legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Dh'ision [] Original B. Other hearings: Initiating Division head lo approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: ~-..~//~ateofPublic/'/' hearing: ,, ,, I~,ll I Iii Jill I III III III IIIIIII III ~ OF PAGES · (inclu4i. g this cove=) 1.2B .6.. !11111111111111111111111111111111111111111111111111111111.111111 '~0] LO~a~ONI ~3~8~ ILs: .. lillillllillilllillllilllllililllillilllliiiillllilllilllllllli ~'ROH: F. LLLE ~OFF~Atl -~S & IU~CORD$ I LOCATION: Collier County courthouse ',: ]~]~ONE'~O: (8i3) 774-8406 776-8408 , 639 I 02-121 J 640 J 02-12[ 16:46 00°01'54 10:25 00*00'40 11:02 00°01'57 1 800 884 4465 92634864 9417751008 0688008000006C14 068800800000A~00 068C00800000~16 February 12, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-87-31(3) Dear Judi: Please advertise the above referenced notice one time on Sunday, February 22, 1998, and kindly send the Affidavit of Publication, duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk in Purchase Order No. 800551 128 6 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MARCH 10, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIOHS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8510N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GADALETA PUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF OLD TAMIAMI TRAIL NORTH/OLD U.S. 41 NORTH (C.R. 867) AND IMMEDIATELY CONTIGUOUS THE LEE COUNTY BOUNDARY LINE, IN SECTION 10, TO?~SHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.3 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 88-50, AS AMENDED, THE FORMER GADALETA PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-87-31(3), Timothy W. Ferguson and Domenico Gadaleta, representing SJG Land Trust, requesting a change in the zoning classification from "PUD" to "PUD", Planned Unit Development known as the Gadaleta PUD. Copies of tke proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ( SEAL ) 12B 6 February 12, 1998 SJG Land Trust % Domenico Gadaleta 572 107th Avenue North Naples, FL 34108 Re: Public Hearing to Consider Petition PUD-87-31(3) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 10, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 22, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12B 6 February 12, 1998 Mr. Timothy W. Ferguson, 2271 Airport Road South, Naples, FL 34112 P.a. Suite #210 Re: Public Hearing to Consider Petition PUD-87-31(3) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 10, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 22, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ORDINANCE 98- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8510N BY CHANGING THE ZONING CLASSIFICATION CF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GADALETA PUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF OLD TAMIAMI TRAIL NORTH/OLD U.S. 41 NORTH (C.R. 867) AND IMMEDIATELY CONTIGUOUS THE LEE COUNTY BOUNDARY LINE, IN SECTION 10, TOWNSHIP 48 SOUTH, .RANGE 26 EAST, COLLIER CCUNTY, FLORIDA, CONSISTING OF 19.3 ACRES MCRE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 88-50, AS AMENDED, THE FCRMER GADALETA PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Timothy W. Ferguson and Domenico Gadaleta, representing SJG Land Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 10, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8510N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 88-50, as amended, known as the Gadaleta PUD, adopted on May 24, 1988 by the Board of County Conunissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- 6 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney f/PUD-87-3! (31 ORDINANC£/ BY: Chairman -2- GADALETA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING GADALETA, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: PREPARED BY: TIMOTHY W. FERGUSON 2272 AIRPORT ROAD SOUTH SUITE 210 NAPLES, FLORIDA 34112 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL TABT,F. OF CONTENTS Statement Affidavit Section I Section II Section III Section IV Section V Section VI Section VII of Compliance and Short Title ....................... i of Unified Ownership and Agency .................... ii Legal Description, Property Ownership and General Description ....... 1 Project Development ..................... 3 Use of Land and Development Standards... 8 Commercial Areas Plan ................... Common Areas Plan ....................... 13 Development Commitments ................. 15 Environmental Protection ................ 18 i STATEMENT OF COMPLIANCE The development of approximately 19.3 acres of property in Collier County, as a Planned Unit Development to be known as the Gadaleta PUD, is and will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan unless otherwise vested or exempt. The commercial, residential and recreational facilities of the Gadaleta PUD are and will be consistent with the growth management policies, land development regulations, and applicable comprehensive planning objectives, unless otherwise vested or exempt, of each of the elements of the Collier County Growth Management Plan for the following reasons: Residential Project 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable forthcoming land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1H and L of the Future Land Use Element. 6. The project density of Five (5) d.u.'s per acre, plus the Two acres of commercial property are vested based on the Zonin9 Re-evaluation Ordinance finding of "exempt status" 7. The project will be served by a complete range of services and utilities as approved by Collier County. 8. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 9. The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities. 10. Ail final local development orders for this project have complied, are exempt or will comply with the Collier County Adequate Public Facilities Ordinance. ii AFFIDAVIT OF UNIFIED OWNERSHIp AND A~ENC~ Each of us DOMENICO GADALETA AND ANGELA GADALETA, being first duly sworn, depose ant say that we each own the entire property described in Section 1.2 of this document, as tenants in the entirety in fee simple, which is the subject matter of this document and that all representations herein, including any renderings, drawings, data and other supplementary matter attached hereto are accurate, honest and true to the best of our knowledge. I further permit the undersigned to act as our agent in any matters regarding this petition. DOMENICO GADALETA DATE ANGELA GADELETA DATE TIMOTHY W. FERGUSON, ESQ. DATE STATE OF FLORIDA, COUNTY OF COLLIER: Sworn to (or affirmed) and subscribed before me on day of , 1997 by DOMENICO and ANGELA GADALETA. NOTARY PUBLIC (print, type or stamp name of notary Personally known OR Produced identification: Type of I.D. Sworn to (or affirmed) and subscribed before me on day of , 1997 by TIMOTHY W. FERGUSON, ESQ. NOTARY PUBLIC (print, type or stamp name of notary Personally known OR Produced identification: Type of I.D. SECTION I 1.1 PURPOSE PROPERTY OWNERSHIP AND DESCRIPTION 12B The property in question is located on Old U.S. 41, adjacent to and South of Spanish Wells P.U.D, adjacent to and West of industrial development across U.S. 41, Adjacent to and east of multi family development and has vacant land to the South with low income housing as the next developed property to the south. 1.2 LEGAL DESCRIPTION The subject property being 19.3 acres, is described as: The North 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida; AND The North 200 Feet of the South 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East,lying West of Old U.S. 41, Collier County, Florida 1.3 PROPERTY OWNERSHIP The subject property is currently under'the undivided ownership of Domenico and Angela Gadaleta 572, 107th Avenue North, Naples, Florida 34108. (See page 3 of the amendment application document for unified ownership affidavit) 6"' 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The property consists of 19.3 acres on the west side of Old U.S. 41 just South of the Lee County line. Most of the property has been cleared and is being used for recreational purposes as an ongoing golf driving range. B. The project site is divided into residential and commercial uses. The West 17.3 acres consists of various potential residential uses. The Eastern most 2.0 acres, adjacent to Old U.S. 41 is commercial. C. The zoning classification of the subject property prior to the date of this approved PUD Document was P.U.D. with 88 units of residential on 17.3 acres and 2.0 acres of commercial. D. This property was found to be exempt from zoning re- evaluation by Collier County review according the Zoning Reevaluation Ordinance 90-23 1.5 PHYSICAL DESCRIPTION AND WATER MANAGEMENT CONSIDERATION~ A. The project site is located within Water Management District No. 7 B. Water Management for the proposed project is planned to be the lake retention type. The elevation within the project site is approximately 15 feet over sea level. Most of the area is composed of xeric environs and soil types (substantial composed of various sandy soils). C. Detailed Site Drainage plans which shall incorporate a single water management system for this property shall be submitted to the County engineer for review before development. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with submitted plans is granted by Collier County. The Water Management plan for the Gadaleta PUD may be developed in phases where feasible. D. An excavation permit will be required for any proposed lake or water retention area which complies with Federal, State and County regulations. 1.6 PROJECT DESCRIPTION The Gadaleta PUD is a mixed use project which consists of 17.3 acres of various potential residential uses in a range consisting of single family, single family cluster, single family attached, multi-family, group housing, patio housing, town houses and/or low income housing, with all other appropriate housing types within or similar to the types of housing listed above included. The density of this parcel of property is approximately 5 units per acre. The Gadaleta PUD also contains 2.0 acres of C-2 commercial zoning which may be developed and used according to the uses allowed in Sections 2.2.12 and 2.2.13 of the Collier County Unified Land Code. Furthermore, the property is currently being used for recreational purposes and may be used in such a manner hence forth with recreational use types comparable to the intensity of a golf driving range which is the current use. The golf drivning range is an intended use alternative. 1.7 ENVIRONMENTAL IMPACT The vast majority of the property covered by this document has been cleared for use as a driving range with the exception Df approximately 0.7 acres (to be verified) of xeric scrub habitat which has been retained as a conservation area. The conservaticn easement will remain undisturbed with the exception of the access road depicted on the PUD Site Plan. Any disturbance of the conservation easement caused by the access road, if any, will be mitigated by setting aside other similar habitat or replanting disturbed area on another part of the property which will be conserved. The remainder of the property can not be adversely impacted since it has been previously cleared. Therefore, no EIS was required for this site. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "Gadaleta Planned Unit Development Ordinance." i'2-8 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Gadaleta PUD shall be in accordance with the contents of this document, the Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (hereinafter CCLDC) and Growth Management Plan in effect at the time of building permit application unless otherwise avoided by vesting or exempted. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the County Land Development Code shall apply unless other standards which are vested or exempt apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the CCLDC in effect at the time of building permit application. C. Ail conditions imposed and all graphic material presented depicting restrictions for the development of the Gadaleta PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless avoided by vesting or exempt from the land development codes and/or unless modified, waived or expected by this PUD the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrence review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development, except when avoided by vesting or exempt from concurrence requirements. F. Development governed by this ordinance shall not effect the property's exempt status received pursuant to Collier Counties finding that the property was exempt from zoning re- evaluation pursuant to the Zoning Reevaluation Ordinance 90-23. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan~ including layout of streets and of land for the various tracts is yet to be determined in order to maintain flexibility in the final development of the property. The current layout of the PUD consists of two (2) development tracts dividing residential and commercial uses (see site plan, Exhibit A). The Gadaleta PUD shall be divided into a reasonable number of land use tracts, plus necessary water management lakes, street rights-of-way and other necessary designated areas. The general configuration of the Gadaleta PUD is intended to stay flexible to accommodate the end user of the property. TYPE _UNITS/SQ. FT TRACT "A" Single Family and Multi Family as described in Section 1.6 above. various 17.3 Acres TRACT "B" TRACT "A & B" Commercial C-2 uses as outlined in the appropriate Land Development Regulation various 2 Acres D. Areas to be designated as lakes or water retention areas, shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown in the appropriate site development plan. Minor modification to all tracts, lakes or other boundary may be permitted at the time of C. The designated conservation area, composed of xeric habitat, consists of approximately 0.7 Acres (to be field verified) and is located in the South East corner of the Gadaleta PUD. No other "conservation area" is intended. Open space requirements shall include the designated "conservation area" and may be used in the calculation of required open space any where within the Gadaleta PUD, regardless of whether the designated conservation area is in the same tract or not. Recreational including but not limited to a driving range putt putt courses and any other recreational use of similar intensity. TOTAL ACREAGE 19.3 Acres B. Recreational uses are specifically intended to be permitted uses within the Gadaleta PUD. These uses include but are not limited to, a golf driving range and any other comparable recreational use as a permited use within this PUD Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County Land Development Code or as otherwise permitted by this PUD document. E. In addition to the various areas and specific items~2B~6 shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USE A. A maximum of 88 residential dwelling units, single and multi-family, shall be constructed in the total project area. However, the owner of the Gadaleta PUD may convert the commercially zoned property, at hiS/her sole option, to residential zoning to be consistent with the residential uses allowed within this PUD. The conversion ratio will comply with the then allowable conversion ratio provided in the current CCLDC. If the commercial property is converted to residential pursuant to this section, the new maximum of residential dwelling units shall be 120 single and multi family units. B. The gross project area less acreage devoted to commercial purposes is 17.3 acres. The gross project density, therefore, will be a maximum of 5 units per acre, unless the commercial property is converted, then the gross project density will be based on 19.3 acres and will be a maximum of 6.2 units per acre. C. The Gadaleta PUD makes provision for all possible housing structure types, listed above, to be built on residentially designated tracts. The type of housing structure which characterizes the initial development of any platted tract is to be carried throughout the development of that particular tract. D. Any or all of the Gadaleta PUD property may be used for recreational use. Recreational uses include but are not limited to golf driving range or any other comparable use. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida unless otherwise vested or exempt. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan with its inherent flexibility. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting the laws of the State of Florida unless otherwise exempt or vested. Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land, as provided in said Division prior to the issuance of a building permit of other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedication and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES (See LDC-Sec 2.6.33.5) Models homes/model home centers including sales center(s) shall be permitted in conjunction with the promotion of the development subject to the following: A. One "wet" and an appropriate number "dry" models (commensurate with product types), may be constructed prior to recording of a plat on each particular tract within the PUD. Location is limited to future, platted family lots. All models must be applied for by project owner. B. The models permitted as "dry models" must be obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. C. The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan Process. D. Prior to recorded plats, metes and bounds legal descriptions or other recordable legal descriptions shall be provided to and accepted by Collier County as is sufficient for building permit issuance. Said legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footage, setbacks, and the like as set forth herein. E. Access shall be provided to each "dry" model from the "wet" model. Access shall be for pedestrian traffic only, no paved road will be allowed. Access to the "wet" model shall be provided by a paved road or temporary driveway and shall have a supporting parking lot. F. Sales, marketing, and administrative functions are permitted to occur in designated "wet" model homes within the project only as provided herein. G. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and ~ other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLA~ Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCF Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal documentation which shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 2.8 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERI~r. A. The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material then its off-site disposal is also hereby permitted subject to the following conditions. 1. Excavation activities shall comply with the definition of a "development excavation- pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. 2. Ail others provisions of said Division 3.5 are applicable. SECTION III 3.1 PURPOSE The purpose of this section is to identify specific development standards for the areas designated as residential in the Gadaleta PUD. 3.2 MAXIMUM DWELLING UNITS The maximum dwelling number of dwelling units are as provided in Section 2.4 (A) of this agreement. A total of 88 units on the 17.3 acre tract or 120 units if the commercial tract is converted into residential. 3.3 PERMITTED USES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Single Family Dwellings with all permitted accessory and conditional uses as described in the CCLDC for that section. (2) Single Family Attached, including one dwelling unit above another. (3) Multi-family structures as provided in Section 2.2.5 of the CCLDC with all permitted and accessory and conditional uses as described in the CCLDC for the section (4) The clustering or grouping of housing structure types may be permitted on parcels of land with unified ownership, or as may be otherwise provided in section 2.6.27 and section 2.6.38 of the CCLDC and subject to further provisions of division 3.3 of the CCLDC. (5) Golf ranges and other similar recreational uses as outlined in Section 2.3 of this document B. ACCESSORY USES: Any accessory and incidental use to a permitted use. 3.4 DEVELOPMENT STANDARDS The development standards for the above referenced uses are those provided in the most similar use district of the CCLDC. 3.5 GENERAL APPLICATION FOR SETBACKS Generally whenever the word setback is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are tO be T2~ 6 ' constructed is shall have the following application: A. FRONT YARD Front yard setbacks shall be measured as follows: (1) If the parcel is served by a public or private right- of-way, setback is measured from the adjacent right-of-way line. (2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. (3) If the parcel is served by a platted drive, setback is measured from the road easement ox property line. (4) Generally principal buildings shall be setback a distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. (5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right-of-way or non-platted drive a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10 feet shall separate said right-of- way, or other non-platted private drive from the common parking area. This shall not prohibit the attached relationship of enclosed parking structures to the principal residential structure, however in such uses a parking apron of at least fifteen (15) feet shall separate the enclosed parking space from the edge of curb on a private right-of-way without sidewalks or fifteen (15) feet from a sidewalk. B. Interior Yards (Not Adjacent any Right-of-way or Other Private Drive or Adjacent Open Space Area) 1) The separation of principal structures form an interior lot/parcel/tract boundary and shall generally be not less than 1/2 the height of the wall adjacent said interior boundary line. Zero distance relationships for principal buildings is a term which only applies to single family detached housing structures. For example, it should not be applied in the content of a two family vertically attached housing structure. Zero distance relationships for principal buildings as described, is not acceptable generally, but rather should bear some reasonable relationship to the height of the walls nearest said interior boundaries. As a general rule 1/2 of the height of the wall adjacent said interior boundary line is recommended. 2) Whenever principal buildings are located next to an open space area (i.e. conservation preserve, recreation open space, golf course) a reduced yard space will generally be acceptable, however in no instance should provision be made for a zero lot line relationship. C. ACCESSORY BUILDINGS AND USE AREA RELATIONSHIPS 1) There is adequate justification to provide for reduc ' yard requirements where accessory structures (screened-in land area space when completely open to the sky and recreational uses like swimming pools, tennis courts, pavilions, etc.) are contiguous a property line adjacent to open space as herein defined. 2) Recreational land uses under screened-in structures may be considered acceptable up to a lot line under appropriate conditions. SITE DE?TH AVERAGE: Determined by dividing the site area by the site width. SITE WIDTH: As defined by the Collier County Zoning Ordinance. May be reduced on cul-de-sacs lots. ~BH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose or determining setbacks requirements. Setbacks are measured from lot lines, tract boundaries or public or private streets. Open space area means development adjacent to lakes, preserves, conservation area, park, or golf course. Patio (Zero Lot Line): Means one wall of the residential structure is concurrent with a side property line and the sum of the two required side yards is shifted to the non-zero lot interior side lot line. Single Family Attached/Townhouse/Row House: Is a multiple family structure which includes a series of three or more single family vertically attached housing units having no separate dwelling unit above another. May be more than one story, but not more than three habitable floors. Villas: Is a multiple family structure which includes a structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. Multiple Family: Means a housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villas. Generally includes a structure of two or more story's with dwelling units above dwelling units each of which may be accessed direct by from the outside or from a common interior location. Duplex: Means a housing structure containing two dwellings units either vertically or horizontally attached. Clustered Housing: Means the placement of two or more housing structures of the type described on a parcel of land/lot/tract under common ownership without prejudice to condominium ownership of individual dwelling units. SECTION IV CO]~ERC~AL AREAS PLAN 4.1 PURPOS~ The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the areas so designated on Exhibit "A", as Commercial Tract 4 · 2 DEVELOPMENT EMPHASIS The 2 acres of commercial use in this PUD is a result of vested commercial use from the Zoning Reevaluation Ordinance 90- 23 cited above and Collier County PUD Amendment 97-7 which reinstated the commercial acreage back into the PUD on January 28, 1997. 4.3 USES PERMITTED No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses 1. Any retail business, service establishment and professional and general offices as defined in the Standard Industrial Classification Manual for the following categories: Retail category, Major Groups 52 thru 59 inclusive, Finance, Insurance and Real Estate, Major groups 60 thru 67 inclusive except sub-group 651. Service category, Major Groups 70, 72, 73, and 75 except sub-group 753. Major groups 76, 78 and 79 except as otherwise provided, Major Groups 80, 81, 86, and 89. Ail of the above permitted major groups and sub-group uses of land and buildings may be permitted provided the following conditions are found to be present: a. Ail retail or service establishments shall deal directly with consumers as opposed to wholesale distribution of products or services to non-household establishments. For those retail or service establishments producing goods on the premises, they shall be sold at retail. b. Ail business, servicing, or processing, except for off-street parking and loading, shall be conducted within a completely enclosed building, except for motorized vehicle equipment sales. 2. Hotels and Motels 3. Recreations facilities including but not limited to golf driving range theaters, bowling alleys, billiard halls; indoor archery range, indoor skating rink or similar form indoor commercial recreation. 4. Planned or integrated commercial centers and shopping centers including any of the above uses, which may be comprised of separate buildings on a common parcel of land. 4,4 DEVELOPMENT STANDARDS The development standards for the above referenced uses are as listed as those provided in the most similar use district of the CCLDC. SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of this project. 5.2 GENERAL Ail facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions of modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 5.3 PUD MASTER PLAN A. Exhibit A, PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. B. Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in this project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORINO REPORT AND SUNSET PROVISION A. Identify proposed start and completion dates of the project, stages of development, and areas and location of common open space other recreation facility if applicable to be provided at or by each stage. All PUD's shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Homeowner's Association. The Homeowner's Association By-Law's shall include a provision that the creation of a Capital Improvement Fund is mandatory, and every property owner in the development shall become a member of the Homeowner's Association. A description shall be provided for the location of land and facilities to be dedicated to the County, their use and function together with acceptance by County. The plan shall provide a tabulation and location of useable open space and the mechanism for continued separation and maintenance by a private entity. C. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 5.5 DEVELOPMENT EXEMPTIONS FROM STANDARD SUBDIVISION pRACTICE/REGULATIONS Where the nature of development within the PUD does not require the concurrent or subsequent approval of a Preliminary Subdivision Plat, as may be the case for a Condominium Plat and provides for development standards which may be different from those required by the Counties Land Development Code, this Section should identify the development standards unique to this PUD, such as but not necessarily limited to: Street ROW, Pavement width, sidewalks, and other infrastructure requirements of Division 3.3 of the Land Development Code. Said exceptions and variations will only be granted as a function of approving the PUD. 5.6 yARIANCE AND EXCEPTIONS TO SUBDIVISION REGULATION~ Variance and exceptions to Division 3.3 of the Land Development Code will only be included in the PUD when a concurrent application is being made for Preliminary Subdivision Plat approval. 5.7 T,,RANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: 5.8 ~ATERMA~..~GEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: 5.9 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: 5.10 The development of this PUD Master Plan shall be subject to and governed by the following conditions: 5.1 1 EN~;IRONM~.NTAL The development of this PUD Master Plan shall be subject to IIII and governed by the following conditions: 5.12 OTHER INFRASTRUCTURE The development of this PUD Master Plan shall be subject to and governed by the following conditions: 5.13 ACCESSORX STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model units. 5.14 SIGNS Ail signs shall be in accordance with Division 2.5 of the Land Development Code. 5.15 L~%NDS~NG FOR OFF-STREET pARKING ARF~ All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Deve].opment Code in effect at the time of building permit application. 5.16 pOLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but limited to, condominium associations, homeowners associations, or tenants association. This agreement shall provide for said community recreation/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 6.1 SECTION VI ENVIRONMENTAL PROTECTION STANDARD EAC STIPULATIONS (ADOPTED BY EAC 4/1/87) A. PETITIONER SHALL BE SUBJECT TO ORDINANCE 75-21 (OR THE TREE/VEGETATION REMOVAL ORDINANCE IN EXISTENCE AT THE TIME OF PERMITTING), REQUIRING THE ACQUISITION OF A TREE REMOVAL PERMIT PRIOR TO ANY LAND CLEARING. A SITE CLEARING PLAN SHALL BE SUBMITTED TO THE NATURAL RESOURCES MANAGEMENT DEPARTMENT FOR THEIR REVIEW AND SUBJECT TO APPROVAL PRIOR TO ANY WORK ON THE SITE. THIS PLAN MAY BE SUBMITTED IN PHASES. THE SITE CLEARING PLAN SHALL CLEARLY DEPICT HOW THE FINAL LAYOUT INCORPORATES RETAINED NATIVE VEGETATION TO THE MAXIMUM POSSIBLE AND HOW ROADS, BUILDINGS, LAKES, PARKING LOTS, AND OTHER FACILITIES HAVF BEEN ORIENTED TO ACCOMMODATE THIS GOAL. B. NATIVE SPECIES SHALL BE UTILIZED, WHERE AVAILABLE, TO THE MAXIMUM EXTENT POSSIBLE IN THE SITE LANDSCAPING DESIGN. A LANDSCAPING PLAN WILL BE SUBMITTED TO THE COMMUNITY DEVELOPMENT DIVISION ~ND THE NATURAL RESOURCES MANAGEMENT DEPARTMENT FOR THEIR REVIEW AND THEIR APPROVAL. THIS PLAN WILL DEPICT THE INCORPORATION OF NATIVE SPECIES AND THEIR MIX WITH OTHER SPECIES, IF ANY. THE GOAL OF SITE LANDSCAPING SHALL BE THE RE-CREATION OF NATIVE VEGETATION AND HABITAT CHARACTERISTICS LOST ON THE SITE DURING CONSTRUCTIONS OR DUE TO PAST ACTIVITIES. C. ALL EXOTIC PLANTS, AS DEFINED IN THE COUNTY CODE, SHALL BE REMOVED DURING EACH PHASE OF CONSTRUCTION FROM DEVELOPMENT AREAS, OPEN SPACE AREAS, AND PRESERVE AREAS. FOLLOWING SITE DEVELOPMENT A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED TO PREVENT RE-INVASION OF THE SITE BY SUCH EXOTIC SPECIES. THIS PLAN, WHICH WILL DESCRIBE CONTROL TECHNIQUES AND INSPECTION INTERVALS SHALL BE FILED WITH AND SUBJECT TO APPROVAL BE THE NATURAL RESOURCES M~;AGEMENT DEPARTMENT AND THE COMMUNITY DEVELOPMENT DIVISION. D. IF DURING THE COURSE OF SITE CLEARING, EXCAVATION, OR OTHER CONSTRUCTIONS ACTIVITIES, AND ARCHAEOLOGICAL OR HISTORICAL SITE, ARTIFACT, OR OTHER INDICATOR IS DISCOVERED, ALL DEVELOPMENT AT THAT LOCATION SHALL BE IMMEDIATELY STOPPED AND THE NATURAL RESOURCES MANAGEMENT DEPARTMENT NOTIFIED. DEVELOPMENT WILL BE SUSPENDED FOR A SUFFICIENT LENGTH OF TIME TO ENABLE THE NATURAL RESOURCES MANAGEMENT DEPARTMENT OF A DESIGNATED A CONSULTANT TO ASSESS THE FIND AND DETERMINE THE PROPER COURSE OF ACTION IN REGARD TO ITS SALVAGEABILITY. THE NATURAL RESOURCES MANAGEMENT DEPARTMENT SHALL RESPOND TO ANY SUCH NOTIFICATION IN A TIMELY AND EFFICIENT MANNER SO AS TO PROVIDE A MINIMAL INTERRUPTION TO ANY CONSTRUCTION ACTIVITIES. E. THE XERIC SCRUB COMMUNITY LOCATED IN THE SOUTH EAST CORNER OF THE SUBJECT PROPERTY SHALL BE MAINTAINED AS A CONSERVATION AREA, AND THUS INCORPORATED INTO THE LANDSCAPE COMPONENT OF THE SITE. THE SCRUB AREA SHALL BE FENCED OFF DURING DEVELOPMENT TO MINIMIZE THE IMPACT OF NEARBY CONSTRUCTION. F. THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION AND THE U.S. CORPS OF ENGINEERS SHALL BE CONSULTED BY THE PETITIONER PRIOR TO SITE DEVELOPMENT CONCERNING THE POSSIBLE DESIGNATED OF JURISDICTIONAL WETLANDS ON THE PROPERTY. G. A 10.1 LITTORAL SLOPE SHALL BE REQUIRED ON THE LAKE SHORES ABUTTING WETLAND AND PRESERVE AREAS. THE PETITIONER SHALL RE-VEGETATE LITTORAL ZONES WITH APPROPRIATE NATIVE SPECIES. NRMD RECOMMENDS 10.1 LITTORAL SLOPES FOR THE RETENTION LAKE SHORES WHENEVER POSSIBLE. H. ANY GOPHER TORTOISE FOUND ON THE PROPERTY SHALL BE TREATED IN ACCORDANCE WITH FLORIDA GAME AND FRESH WATER FISH COMMISSION REGULATIONS. Q <E © 0 Q) Z 0 0 : ,,~. interoffice memo Date: 2/'19/98 TO: Barbara Pedone FROM: Ron Nino SUB J: PUD-87-31(3) Gadaleta PUD PUD-87-31(3) Gadaleta PUD is being continued from the March I0'h BCC meeting to the March 24~' BCC meeting. I f you have any questions, give me a call. CC: Maurcen Kenyon, Clerk to BCC Johnnie Gebhardt Adv. File Naples Daily Hews Nap(es, FL ~3940 Affidavit of Publication Naples Daily TO COt~S~ ~DINAN~ ~AED OF C~NTY COHHIS$%~EE$ ~ce b h~b~ ~ fhof on TUESDAY, 6TTH: NMICY SAL~UB ~AP~ 10, lW~. In ~e NAPLES FL 34101-3016 ml~ ~ ~nm~ ~ e~ d o ~ REFEREHCE: ~1230 ~551 ~11 c~m~e 57~503 HOT~CE OF %HTENT TO ~ OrVille Is ~ f~l~ AN ORDINANCE ~EHDIN~ ORDI- NANCE NUMBER COM~TY L~ND VELOP~ENT CODE ~O~PREHENSIVE ZONtNG REGULA- TIONS F~ T~ UNIN- CORPORATE~ AREA ~ C~L~R COUNTY~ F~OA BY A~ENO- ~ lNG THE ZONING ATLAS tJU~.~REO ~510N ~ ~ANG~NG THE ~ON- lNG CLASSIFICATION OF THE ~REiN ~- -p~" pLANNED UFJ~T DEVELOPMENT KNOWN AS TA P~ F~ TY LO~T~ ON THE TA~IA~ TRAil NORTH / ~O U.S. N~TH ~C~. ~7) AND I~ED~ATE~Y CON- TIGUOUS THE LEE COUNTY BOUNDARY LINE, IN ~CTION TO~IP 4~ 5OUTF ~AU~ 26 EAST, COL. L~R C~NTY. FL~I- PUBLZSHEO 0N: 02/22 DA. CONSISTING OF t9.3 AC~ES M~E OR. LESS; ~OVIDING F~ T~ RE.P~AL ~ ORDI- NAtE NuMaR ~-~, AS AMENDED, THE FGR~ER GADALETA P~; AND BY ~OV~- lNG AN EFFECTIVE DATE. AD SPACE: 107.~ ZNCH Petition PUD.aY-31(3), FILED ON: 02/23/98 TI~V W. F~ ~ ................................................. * ..................... r~e~t~ SJG L~ Trust. [ Plonned Unit Devel~- ~ ~d ~fl n~ a re- olfll~ thereto ~e ~ o v~m r~d ~ ~ ~.JI BOARD OF COUNTY BAR~ARA ~. BERRY, DWIGHT E. BROCK, State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves es the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Signature of Affiant Sworn to and Subscribed before me this Personally known by me ...~.,~/',"~.. 128 ORDINANCE 98- 28 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-192, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8510N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GADALETA PUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF OLD TAMIAMI TRAIL NORTH/OLD U.S. 41 NORTH (C.R. 967) AND IMMEDIATELY CONTIGUOUS TO THE LEE COUNTY BOUI;DAR'F LINE, iN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUN'TY, FLORIDA, CONSISTING OF 19.3 ACRES ~4ORE OR LESS; ?ROViDING FOR THE REPEAL OF OPDINANCE NUMSER 88-50, AS AMENDED, THE FORMER GADALETA PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Timothy W. Ferquson and Domenico Gadaleta, ~epresentJnq SJG Land Trust, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 10, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attache~ hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8510N, as described in Ordinance Number 91-i02, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 88-50, as amended, known as the Gadaleta PUD, adopted on May 24, 1988 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DUSY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ////day of ~,~/' 1998 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, C2. erk COLLIER COUNTY, FLORIDA / Approved as to Form and Legal Sufficiency Mar~0~e M. Student Assistant County Attorney -2- GADALETA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING GADALETA, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: PREPARED BY: TIMOTHY W. FERGUSON 2272 AIRPORT ROAD SOUTH SUITE 210 NAPLES, FLORIDA 34112 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 4114/98 98-28 1286 TABLE OF CONTENTS Statement of Affidavit of Section I Section II Section III Section IV Section V Section VI Compliance and Short Title ....................... 3 Unified Ownership and Agency .................... 5 Legal Description, Property Ownership and General Description ....... 6 Project Development ..................... 9 Use of Land and Development Standards... 14 Commercial Areas Plan ................... 16 Development Commitments ................. 17 Definitions ............................. 22 2 STATEMENT OF COMPLIANCE ~ 2 The development of approximately 19.3 acres of property in Collier County, as a Planned Unit Development to be known as the Gadaleta PUD, is and will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan unless otherwise provided for in this document. The commercial, residential and recreational facilities of the Gadaleta PUD are and will be consistent with the growth management policies, land development regulations, and applicable comprehensive planning objectives, unless otherwise provided for in this document, of each of the elements of the Collier County Growth Management Plan for the following reasons: Residential Pro~ect 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1H and L of the Future Land Use Element. 6. The project consists of 88 units on 17.3 acres with a density of 5.1 units per acre and two acres of commercial property zoned C-2. The uses of the property have been found to be compatible with surrounding uses according to the Collier County Planning Staff Executive Summaries, as presented to the Collier County Planning Commission and to the Collier County Board of Commissioners, after full application and examination. 7. The project is currently served by existing, on site utilities and will be required to hook up to facilities provided by Collier County at the time of development as required by the Transportation, Engineering, Water Management and Utilities Stipulations of this PUD at Section 5. 8. The Planned Unit Development includes required dedicated xeric scrub habitat along with open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities as required by Environmental Stipulations contained within this PUD at Section 5. their natural functions and to serve as project amenities as~ A ~6 required by Environmental Stipulations contained within this PUD at Section 5. 9. Ail final local development orders for this project have complied or will comply with the Collier County Adequate Public Facilities Ordinance. 1286 '-' AI'FIpAVlT OF UNIFIED OW~IERSHIP ~ AGENCY I, James M. Goldie, being first duly sworn, depose and say that I am the Trustee for the SJG Land Trust and hereby testify that the SJG Land Trust owns the entire property described in Section 1.2 of this document, which is the subject matter of this document and that all representations herein, including any renderings, drawings, data and other supplementary matter attached hereto are accurate, honest and true to the best of my knowledge. I further permit the undersigned to act as agents for the SJG Land Trust in any matters regarding this petition. (see Exhibit B) JAMES M. GOLDIE, Trustee DATE DOMENIC GADELETA, Agent DATE TIMOTHY W. FERGUSON, Agent DATE STATE OF FLORIDA, COUNTY OF COLLIER: Sworn to (or affirmed) and subscribed before me on day of , 1997 by James M. Goldie, Trustee for the SMJ Land Trust. NOTARY PUBLIC (print, type or stamp name of notary Personally known OR Produced identification: Type of I.D. Sworn to (or affirmed) and subscribed before me on day of , 1997 by TIMOTHY W. FERGUSON, ESQ. NOTARY PUBLIC SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The property is located on Old U.S. 41, adjacent to and South of Spanish Wells PUD, adjacent to and west of industrial development across U.S. 41, adjacent to and east of multi-family development and has vacant land to the South with low income housing as the next developed property to the south. 1.2 LEGAL DESCRIPTION The subject property being 19.3 acres, is described as: The North 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida; AND The North 200 Feet of the South 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida 1.3 PROPERTY OWNERSHIP The subject property is currently under the undivided ownership of SJG Land Trust, 16979 Old U.S. 41 North, Naples, Florida 34110. (See page 3 of the amendment application document for unified ownership affidavit) 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The property consists of 19.3 acres on the west side of Old U.S. 41 just South of the Lee County line. Most of the property has been cleared and is being used for recreational purposes as an ongoing golf driving range and accessory uses. B. The project site is divided into residential and commercial uses. The West 17.3 acres consists of various potential residential uses. The eastern most 2.0 acres, adjacent to Old U.S. 41 is commercial. C. The zoning classification of the subject property, prior to the date of this approved PUD Document was PUD with 88 units of residential on 17.3 acres and 2.0 acres of commercial. D. This property was found to be exempt from zoning re- evaluation by Collier County according the Zoning Reevaluation Ordinance 90-23. 1.5 PHYSICAL DESCRIPTION ~ND WATER MANAGEMENT CONSIDERATIONS A. The project site is located within the South Florida Water Management District. B. Water Management for the proposed project is planned to be the lake retention type. The elevation within the project site is approximately 15 feet above sea level. Most of the area is composed of xeric environs and soil types (substantial composed of various sandy soils). All of the site is located within the Flood Zone X area of the 500 flood zone according to FEMA Map Panel 191 of 1125, June 3rd, 1986 (the latest FEMA Map provided to the Soil and Conservation Service). C. Detailed Site Drainage plans, which shall incorporate a single water management system for this property, shall be submitted to the County Engineer for review before development. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with submitted plans, is granted by Collier County. The Water Management plan for the Gadaleta PUD may be developed in phases where feasible. D. An excavation permit will be required for any proposed lake or water retention area which complies with Federal, State and County regulations. 1.6 PROJECT DESCRIPTION The Gadaleta PUD is a mixed use project which consists of 17.3 acres of various potential residential uses in a range consisting of single family, single family cluster, single family attached, multi-family, group housing, patio housing, town houses and/or low income housing, with all other appropriate housing types within or similar to the types of housing listed above included. The density of this parcel of property is approximately 4.45 units per acre. The Gadaleta PUD also contains 2.0 acres of C-2 commercial zoning which may be developed and used according to the current Collier County Land Development Code (hereinafter LDC). Furthermore, the property is currently being used for a golf driving range and other related accessory purposes and may be used in such a manner hence forth with recreational use types comparable to the intensity of a golf driving range. The golf driving range is an allowable use contained within the Gadaleta PUD and the LDC. 1 . 7 ENVIRONMENTAL IMPACT A. The vast majority of the 'property covered by this document has been cleared for use as a driving range with the exception of a 50 foot buffer on the North and South property lines and approximately 0.7 acres of xeric scrub habitat which has been retained as a conservation area on the Southeast corner of the property. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5 of the LDC, as amended. The majority of vegetation which remains on site is native vegetation. B. Regulations for the development of the Gadaleta PUD shall be in accordance with the contents of this document, PUD Planned Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan (hereinafter GMP) in effect at the time of any issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plan, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards, then the provisions of the most similar district in the LDC shall apply. C. The Scrub Oak community (conservation easement) will remain undisturbed at the Southeast corner of the PUD, with the exception of the access road depicted on the PUD Site Plan. The access road through the Scrub Oak community shall traverse the Scrub Oak community at a point with the least impact to the vegetation. This Ordinance shall be known and cited as the "Gadaleta Planned Unit Development Ordinance." 8 I286 SECTION PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Gadaleta PUD shall be in accordance with the contents of this document, the Planned unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the CCLDC in effect at the time of building permit application. C. Ail conditions imposed and all graphic material presented depicting restrictions for the development of the Gadaleta PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or expected by this PUD the other provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either Final SDP approval, Final Plat approval, or building permit issuance applicable to this development. F. Development governed by this Ordinance shall not affect the property's exempt status received pursuant to Collier County's finding that the property was exempt from zoning re- evaluation pursuant to the Zoning Reevaluation Ordinance 90-23. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and of land for the various tracts is yet to be determined in order to maintain flexibility in the final development of the property. The current layout of the PUD consists of two (2) 12B6 development tracts, one residential and one commercial (see si%e plan, Exhibit A). The Gadaleta PUD shall be divided into a reasonable number of land use tracts, plus necessary water management lakes, street rights-of-way and other necessary designated areas. The general configuration of the Gadaleta PUD is intended to be flexible to accommodate the end-user of the property. ACREAGE TRACT "A" TRACT "B" TRACT "A & B" Optional TOTAL ACREAGE TYPE UNITS/SQ. FT Single Family and Multi-family as described in Section 1.6 above. various 17.3 Acres Commercial C-2 uses as outlined in the LDC various 2 Acres Recreational including but not limited to a driving range, putt putt courses and any other recreational use of similar intensity. Recreational Ail or Part 19.3 Acres B. Recreational uses are specifically intended to be permitted uses within the Gadaleta PUD. These uses include but are not limited to, a golf driving range and any other comparable recreational use as a permitted use within this PUD and the LDC C. The designated conservation area, composed of xeric habitat, consists of approximately 0.7 Acres (to be field verified) and is located in the Southeast corner of the Gadaleta PUD. No other conservation area is intended. Open space requirements shall include the designated conservation area and may be used in the calculation of required open space any place within the Gadaleta PUD, regardless of whether the designated conservation area is in the same tract or not. D. Areas to be designated as lakes or water retention areas, shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown in the appropriate site development plan. Minor modifications to all tracts, lakes or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, pursuant to the LDC or as otherwise permitted by this PUD document. E. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, 10 1286 private, semi-public) shall be established within or along the various tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USE A. A maximum of 77 residential dwelling units, single and multi-family, shall be constructed in the total project area. B. The gross project area, less acreage devoted to commercial purposes, is 17.3 acres. The gross project density, therefore, will be a maximum of approximately 4.45 units per acre. C. The Gadaleta PUD makes provision for all possible housing structure types, listed above, to be built on residentially designated tracts. The type of housing structure which characterizes the initial development of any platted tract is to be carried out throughout the development of that particular tract. D. Any or all of the Gadaleta PUD property may be used for recreational uses, including both recreational and commercial tracts. Recreational uses include but are not limited to golf driving ranges and their accessory uses or other comparable recreational use. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan with its inherent flexibility. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land, as provided in said Division prior to the issuance of a building permit of other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. 11 1286 E. Appropriate instruments will be provided, at the time of infrastructural improvements, regarding any dedication and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES Models homes/model home centers including sales center(s) shall be permitted in conjunction with the promotion of the development subject to the following: A. One "wet" and an appropriate number of "dry" models (commensurate with product types), may be constructed prior to recording of a plat on each particular tract within the PUD. Location is limited to future, platted family lots. All model home plans and permit applications must be made by the project owner. B. The models permitted as "dry models" must be obtain conditional certificates of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. C. The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan Process. D. Prior to the recordation of any plats, metes and bounds legal descriptions or other recordable legal descriptions, said description shall be provided to and accepted by Collier County as is sufficient for building permit issuance. Said legal descriptions must meet proposed plat configurations and all models constructed pursuant this PUD shall conform to applicable minimum square footage, setbacks, and the like as set forth herein. E. Access shall be provided to each "dry" model from the "wet" model. Access shall be for pedestrian traffic only, no paved road will be permitted. Access to the "wet" model shall be provided by a paved road or temporary driveway, said "unit model" shall have a supporting parking lot. F. Sales, marketing, and administrative functions are permitted to occur in designated "wet" model home within the project only as provided herein. G. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to this PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 12B6 -'. 2.7 Assoc!~TION OF PROPERTY OWNERS FO~ COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities, whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal documentation which shall include provisions for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of the LDC. 2.8 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERI~L A. The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. applicable. Ail others provisions of said Division 3.5 are 13 SECTION III i2B6' LkND USE AND DEVELOPMENT STANDARDS 3.1 pURpOSE The purpose of this section is to identify specific development standards for the areas designated as residential in the Gadaleta PUD. 3.2 MAXIMUM DWE?.?.ING UNITS The maximum number of dwelling units are as provided in Section 2.4 (A) of this PUD. A total of 77 units shall be allowed on the 17.3 acre residential tract. 3.3 PERMITTED USES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. PRINCIPAL USES: (1) Single Family Dwellings with all permitted accessory uses. (2) Single Family Attached Dwellings, including one dwelling unit above another. (3) Multi-family structures and accessory uses. (4) The clustering or grouping of housing structure types may be permitted on parcels of land with unified ownership, or as may be otherwise provided in the LDC. (5) Golf ranges and other similar recreational uses as outlined in Section 2.3 of this PUD. B. ACCESSORY USES: Any accessory and incidental use to a permitted use. 3 · 4 DEVELOPMENT STANDARDS The development standards for this PUD are to be consistent with the standards provided within this PUD at Table I or as otherwise described in the LDC. 3.5 GENERAL SETBACK PROVISIONS Generally, whenever the word setback is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed, it shall have the following application: 14 I I II - IIII I II I IIIII I -- 11 I II A. FRONT YARD 1286 Front yard setbacks shall be measured as follows: (1) If the parcel is served by a public or private right- of-way, the setback is measured from the adjacent right-of-way line. (2) If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. (3) If the parcel is served by a platted drive, the setback is measured from the road easement or property line. (4) Generally principal buildings shall be set back a distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. (5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right-of-way or non-platted drive, a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10) feet shall separate rights-of-way referenced above, or other non-platted private drive from the common parking area. This shall not prohibit the attached relationship of enclosed parking structures to the principal residential structure, however in such cases, a parking apron of at least fifteen (15) feet shall separate the enclosed parking space from the edge of the curb on a private right-of-way without sidewalks or fifteen (15) feet from a sidewalk. C. ACCESSORY BUILDINGS AND US~ AREA R~LATIONSHIPS (1) This PUD shall provide for reduced yard requirements where accessory structures (screened-in space when completely open to the sky and recreational uses, such as swimming pools, tennis courts, pavilions, etc.) are contiguous to a property line adjacent to open space as herein defined. (2) When accessory structures are contiguous to a property line adjacent to open space, the yard requirements can be any reaosnable space including but not limited to a zero lot line configuration 15 SECTION ~V COMMERCIAL AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the areas so designated on Exhibit "A", as Commercial Tract 4.2 USES PERMITTED No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than those found in the C-2 designation found in the LDC that is in place at the time of the adoption of this PUD. 4 · 3 DEVELOPMENT STANDARDS The development standards for the above referenced uses shall be in compliance with 2.2.13.4 of the LDC, in effect at the time of development. 4.4 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERI~?~ The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. 16 SECTION V ]2t 6 DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of this project. 5.2 GENERAL Ail facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 the LDC shall apply to this project even if the land within the PUD is not to be platted. The developer, his successors and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee to the development referenced in the PUD shall be bound by this PUD Document. 5.3 PUD MASTER PLAN A. Exhibit A, the Gadaleta PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase, such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. B. Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in this project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. B. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Homeowner's Association. The Homeowner's Association By-Law's shall include a provision that the creation of a Capital Improvement Fund is mandatory, and every property owner in the development shall become a member of the Homeowner's Association. 17 1286 ' C. A description shall be provided for the location of land and facilities to be dedicated to the County, their use and function together with acceptance by County. The plan shall provide a tabulation and location of useable open space and the mechanism for continued separation and maintenance by a private entity. D. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 5.5 VARIANCE AND EXCEPTIONS TO SUBDIVISION REGULATIONS Variance and exceptions to Division 3.3 of the Land Development Code will only be included in the PUD when a concurrent application is being made for Preliminary Subdivision Plat approval. 5.6 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. The applicant shall be responsible for the installation of arterial level street lighting at all project entrances when the owner entity wishes to proceed with any authorized development, existing golf driving range and accessory uses excepted. B. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. C. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued, unless otherwise approved by the Board of County Commissioners. D. Project entrances shall be designed to preclude the backing up of entering vehicles onto adjacent public roadways. If access is to be controlled by means of a gatehouse or card- controlled gate, the gate or gatehouse shall be designed, located and operated so as not to permit such vehicular backup. A minimum throat length, for an entrance way off of Old U.S. 41, shall be 75 feet to facilitate vehicular stacking. Where the expected Peak Hour traffic volummes on Old U.S. 41 are equal to or greater than 30 vehicles, the minimum throat length shall be 100 feet. 5.7 WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Prior to the submission of any Subdivision Master Plan or Site Development Plan, the Developer shall obtain written 18 confirmation from Collier County Water Management that the discharge rate and route will not cause adverse impacts. 1286 5.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. WATER: 1. Should the owner entity wish to proceed with authorized development, save for a golf driving range and accessory uses prior to the availability of the County's Sanitary Sewer and water Distribution System, the owner entity shall, at its own cost, extend the 16" water main which presently terminates at the Railhead Industrial Park on the East side of Old U.S.41 Road. 2. A water distribution system shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of- way or within utility easements, as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned and maintained by the developer, his assigns or successors. 3. Ail construction plans and technical specifications and proposed plat, if applicable, for the proposed water system, must be approved prior to commencement of construction. B. SEWER: 1. Should the owner entity wish to proceed with authorized development, save for a golf driving range and accessory uses, prior to the availability of the County's Sanitary Sewer and Water Distribution System, the owner entity shall, at its own cost, extend the 12" force main which presently terminates at the Railhead Industrial Park on the East side of Old U.S.41 Road. 2. A sewer collection system shall be constructed throughout the project development by the developer pursuant to all current requirements of the Collier County and State of Florida. Sewer facilities constructed within platted rights-of- way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements, shall be owned and maintained by the developer, his assigns or successors. 3. Ail construction plans and technical specification.] and proposed plat, if applicable, for the proposed sewer system, must be approved prior to commencement of construction. 19 1286 5.9 ENGINE~RIN~ The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Unless approved, in advance, in writing by the Community Services Director, all improvements will conform to the requirements set forth in Article 3 of the Land Development Code. 5.10 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. Ail conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the LDC. C. In the event that the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for the maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. D. Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves in all places and average 25 feet from the landward edge of wetlands when requested by the County. ,~ E. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on conservation/preservation areas, shall be submitted to Current County Planning Review Staff for review and approval prior to final site plan/construction plan approval. F. A fifty foot buffer of native vegetation shall remain along the North and South property lines, as long as the existing golf driving range and accessory uses remain active. Once the property is redeveloped, the buffers contained in this document will control and if the buffer sections of this document do not apply, the provisions of the LDC control. G. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Game Service and the Florida 2O 2B6' Game and Fresh Water Fish Commission regarding potential impacts to protected wildlife species. Where protected wildlife species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current County Planning Staff for review and approval prior to any site plan/construction plan approval. 5.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure(s), except for a construction site office and model units. 5.12 SIGNS Ail signs shall be in accordance with Division 2.5 of the Land Development Code. 5.13 LANDSCAPINO FOR OFF-STREET pARKING AREAS Ail landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 5.14 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement between the Supervisor of Elections recorded in the official records of the Clerk of the Circuit Court of Collier County, shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but limited to, condominium associations, homeowners associations, or tenants association. This agreement shall provide for said community recreation/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 21 SECTION VI DEFINITONS The following definitions apply to this PUD: SITE DEPT~ AVERAGE: site width. Determined by dividing the site area by the SITE WIDTH: sacs lots. As defined by the LDC; may be reduced on cul-de- MEASUREMENT OF SETBACKS: Setbacks are measured from lot lines, tract boundaries or public or private streets. OPEN SPACE: open space area means development adjacent to lakes, preserves, conservation area, park, or golf course. Patio (zero Lot Line): One wall of the residential structure is concurrent with a side property line and the sum of the two required side yards is shifted to the non-zero lot interior side lot line. Single Family Attached/Townhouse/Row House: A multiple family structure which includes a series of three or more single family vertically attached housing units having no separate dwelling unit above another. May be more than one story, but not more than three habitable floors. Villas: A multiple family structure which includes a structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. Multiple Family: A housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villas. Generally includes a structure of two or more storys with dwelling units above dwelling units each of which may be accessed directly from the outside or from a common interior location. Duplex: A housing structure containing two dwellings units either vertically or horizontally attached. Clustered Housing: The placement of two or more housing structures of the type described on a parcel of land/lot/tract under common ownership without violating the condominium ownership of individual dwelling units. 22 TABLE ~ DEVELOPMENT STANDARDS SPS DEVELOPMENT .',,~dl.,T I - COMMONS STA~IDARDS FA.MILY RECREATION USES pR,rNCa'AL STRb'CTL'R~S lv[INIIv{UM LOT AREA I ACRE NOT APPLICABLE AVER. AGE PARCEL WIDTH 100 FEET NOT APPLICABt, E M:i'N. FLOOR AREA 600 SF. NOT APPLICABLE FRONT YARD 30 FEET ~ 20 FEET~ SIDE YARD 15 FEET ) I0 FEET: REAR YARD 30 FEET' 10 FEET: MIN.DIST. BETWEEN STRUCTL'R~S 15 FEET~ 10 FEET MAX. BLDG. I4-r. 35 FEET 35 FEET~ ACCESSORY ~TR~(~I'L'RE S FRONT S.P.S 20 FEET: SIDE S P S 1o FEET: REAR S.P.S lO FEET2 MAX. BLDG. liT. 3~ FEET 35 FEETs Same as Principa] Structures ' 30 feet plus ! foo~ I'o, every 2 feet of IRuldml hell, hi o~,¢r .t0 feet. 2 ~ acljaccnl lo · lake - none (0') mcuut~l from thc lzk¢ control =lm'allon. not~sithstandlng r,"qu,rcmcms for ) 15 fcet plus I foo¢ for e,~ry. 2 fee~ of building bc~ght o%cr .10 fcc1,. · 15 feet or one haft t~c sum of thc heights of ad,taCent I~mldmgL mc-~surccl from exterior ~nlls, ~h~che~t ~$ grc2tct. n I Z 0 0 X ~ I I II III II III II II i, James G. Goldie, President of I:orth Naples Golf Range Inc. being duly sworn, depose and say that I, as President of the above referenced corporation, do have the power and authority to act as owner of the property described in the Gadaleta PUD and which is the subject matter of a proposed hearing; that all the answers to the questions in any application pursuant to the Gadaleta PUD, and all sketches, data and other supplementary matter attached to and made a part of any application concerninc the Gadaleta PUD, are honest and true to the best of my know!edge and belief. A hearing can be advertised. I further permit Domenic3~daleta ..... (AGENT'S NAME) to act as my representative in any mattgrs regarding any matter related =o the Gadaleta PUD. ' · · Naples Golf Range, Inc. State of Florida County of Collier .__~ The foregoing Agreement Sheet was ,ho , identification and who did (did'not) take an oath. ( SIGNATURE .O..F NOTARY. PUBLIC 'l : ;, .'~. ~,"., ' · MOTARY PUBLIC Commission #. My Commission Expires: State of Florida County of Collier The foregoing Agreement Shge= was acknowledge before me this gay_of_ O~D.L'D , 199 ~ by '~9,~.z~/'o~.~-~,/>~, who i~ ~ known ~e' or who has produced_ i- as ze~H~ff~c~fi~--~hd who did (did not) take an oath. NOTARY PUBLIC Commission # My Co~mission Expires~ ii AFFIDAVIT OF UNIFIED OWNERSHIP AND AGENC~ 1286 Each of us DOMENICO GADALETA AND ANGELA GADALETA, being first duly sworn, depose ant say that we each own the entire.property described in Section 1.2 of this document, as tenants xn the entirety in fee simple, which is the subject matter of this document and that all representations herein, including any renderings, drawings, data and other supplementary matter attached hereto are accurate, honest and true to the best of our knowledge. I further permit the undersigned to act as our agent in a~-matters regarding this petition. DOMENICO GADALE~A · ANGOLA GAD~LETA ' ' ~IMO~HY W. ~FE~GUSON, ESQ. DATE DA~E DATE STATE OF FLORIDA, COUNTY OF COLLIER: Sworn to (or affirmed) and subscribed before me on ~ day of [~\.-,., , 1997 by DOMENICO and ANGELA GADALETA. NOTARY PUBLIC (print, type or stamp name of notary NOTARY PUBLIC (print, type or stamp name of notary Produced identification: Type of I.D. Sworn to (or affirmed) and subscribed before me on ~R~ day of ~'~t4~ , 1997 by TIMOTHY W. FERGUSON, ESQ. ..~ Personally known OR Produced identification: Type of I.D. N~m~-~. 00143480008 'TIN: Warranty Deed *** 2190931 OR: 2319 PG: 3351 S3S~.C This Indenture, Madethis 30thdayof May, I997 a.D.. Domenico Gadaleta and An~ela Gadaleta, husband and wife, Between ormec0,o~or COLLIER , Savor Florida ,g~nt0rs, a~ North Naples Golf Range, Inc., a Florida corporation, as trustee of ~he SJG Land Trust Agreement, U/A dated 5/29/97,~ ..~osea~ress":!6979 Old US 41, NAPLES, Florida 34110 , grantee. With esseth ~a, ~e ORA,','TO~. for,,~ in comber,,on of ~e sum of ........... ........ TEN & NO/100($10.00) .......... and othcr good ~ valuable consideration to GRANTORS tn hand paid by GRANTEE. the receipt whereof is hereby acknowledged, have gr~nced, bargained and sold to the said GRANTEE and GRANTEE'S successors and assigns forever, the followinI described land. $itua~. lying and being ~ the Count7 of COLLIER stueor Florida to THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LYING WEST OF OLD US HIGHWAY 41 (TAMIAMI TRAIL); AND, THE NORTH 200 FEET OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LYING WEST OF OLD US HIGHWAY 41 (TAMIAMI TP~AIL); ALL BEING IN COLLIER COUNTY, FLORIDA. Subject to restrictions and easements common to the subdivision if any, and taxes subsequent to 1997. ' *with full power and authority either to protect, conserve and ~o sell or to lease, or to encumber or to othewise manage and dispose of the real property herein described, pursuant to tke provisions of F.S. 689.071 RETURN TO: MURPHY LAW FIRM SUITE A ~785 ~I~PORT ROAD N. t~APuL~. FL 34105 and the grlntors do hereby fully warr~t thc tide to said land, and will defend the sa.me agaimt lawful claLms of all penom whom;oever. In Witness Whereof, the gr'a~tors have hereunto set thelr /~ seaJathe day and year first above wnt-,en. Signed, sealed and delivered In our presence: Prin~ed Name. /_,>o-/._ A,. ~,'~ Domenico ~dale~a P.o tess / /////..-e"'- '-'--. .- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-28 Which was adopted by the Board of County Commissioners on the 14th day of April, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of April, 1998. DWIGHT E. BROCK Clerk of Courts and"Clerk Ex-officio to Board of ~~C°unty Commissioners By: Maureen Kenyon ' "' Deputy Clerk :o..,,. ,,o.,,. Toe Clerk Co the Boards Please place tho following as as [XX] Normal Legal Advertisement [ } OCher, (Display Adv., Location, etc.) O,igin,CingDept./Div. County Attorney p.rson, H(,¢I, ?)Sk,~,~' D,t., '~//'-i/~/~ ~ (Si~m clearly) / Petition No. No Number. Ordinance amending Ordinance No. 92-18 (Relating Co the Tourist Development Council! Petitioner, (name & address) , County Attorney's Office Rearing before, £XX] BC~ [ ] BZA [ ] OCher Requested hearing dace, 4i~/~ Ba on advertisement appearinI ys before hearing. Newspaper(s) Co be used, (complete only if important [ ], [ ! Maples Daily News or legally required [ ] [ ] OCher Proposed Text, AN OP. DDrAI~CE AMI~ND~'~O O~CE ~O. ~2-18 RE~T~G TO TEE TO~IST D~LOP~ C0~CIL, ~G SE~IO~ ~C' TO PROVUE FOR ~DITXON OF A ~O~-VOT~O ~KR WI~ PROFESSIOH~ EXPE~Z~CX ~ ~ P~ONOTION ~ ~E~G OF SPKC~L a~S~ PRO~G FOR CO~I~ ~ S~ILXTT; PROV~O FOR PRO~O FOR ~ EFFE~. Co~ion petition(s), if any, i pcoposed hearing da~e, ~O~ Does Peri,ion Fee include advertising cos~? Yes [ ] ~o Ix] If yes, wha~ accoun~ should be charged for adver~lsing 001-0~ 3~! 0-649100 Lis= A==ac~en~(1) O~NCE (2) DISTRIB~ION ~ST~U~IONS A. For hearin=s before BCC or BZA~ Ini=ia=ing person ~o compl~=, one copy and ob=sin Division Read approval be~o-e submi==ing ~o Coun=y Manager. NOTE~ ~f leoal dacron= is involved, be sure =ha= any necessary legal i~-,iew, or re.es= for sa~e. is submi~ed =o Coun=~ A=~o~eY be~o~e submi==lna =o County Manaoer. The k-.~ager~s Office will dis=rtbu=e copies~ [ ] County Manager agenda file~ [ ] Requesting Divieion~ £ ] Original to Clerk's Of£ice B. QC~er hearin*s, Initiating Division Head Co approve and submit original to Clerk's Office, retaininq · copy for file. FOR CLEP~'S OFFXC~C USE OW~T DXTZ REc~rvL'~ ~/ ~ ~ OF PAGES . ~_ (including this cover) 111111111111111111111111111111111111111111111111111111111111111 TO: MS. JUDIT~ F~NAGAN LOCATION: NAPLES DAILY NET, IS FAX NO.: COMMENTS: 263-4864 !I1111111111111111111111111111111111111111111111111111111111111 689 698 691 FROM: ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courthouse FAX t~O: (813) 774-8408 PHONE'NO: (813) ?TL~-~&06 03-l~31 17:19 03-051 17:30 03-e5| 17:44 03-E~3~ 17:45 00°01'43 J92634864 ~°0i'53 J92634@64 00'00'46 J92634864 00°01'18 ~92634864 868C~121 120 1 March 5, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider an Amendment to Ordinance 92-18 Dear Judi: Please advertise the above referenced notice one time on Friday, April 3, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 800551 12C I NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, APRIL 14, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 92-18 RELATING TO THE TOURIST DEVELOPMENT COUNCIL, AMENDING SECTION TWO TO PROVIDE FOR ADDITION OF A NON-VOTING MEMBER WITH PROFESSIONAL EXPERIENCE IN THE PROMOTION AND MARKETING OF SPECIAL EVENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) ORDINANCE NO. 98- AN ORDINANCE AMENDING ORDINANCE NO. 92-18 RELATING TO THE TOURIST DEVELOPMENT COUNCIL, AMENDING SECTION TWO TO PROVIDE FOR ADDITION OF A NON-VOTING MEMBER WITH PROFESSIONAL EXPERIENCE IN THE PROMOTION AND MARKETING OF SPECIAL EVENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 24, 1992, the Board of County Commissioners adopted Ordinance No. 92-18 which created the tourist development council; and WHEREAS, the Board of County Commissioners desires to add a non-voting member to the tourist development council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUHTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: A~NDMENT TO SECTION ~ OF COLLIER COUNTY ORDINANCE NO. 92-18. Section Two is hereby amended to read as follows: SECTION TWO: ESTABLISHMENT OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL There is hereby established the Collier County Tourist Development Council which shall be composed of a minimum of nine {9) members and a maximum of ninc ten {9) (10) members who shall be appointed by the Collier County Board of County Commissioners as set forth in this Ordinance. SECTION TWO: AMENDM]ENT TO SECTION THREE OF COLLIER COUNTY ORDINANCE NO. 92-18 Section Three is hereby amended to read as follows: SECTION THREE: COMPOSITION OF MEMBERSHIP. The membership of the Collier County Tourist Development Council shall be composed as follows: (a) The Chairman of the Board of County Commissioners of Words ~ndcrlincd nrc add~: words s~,".:.-~ '.k:~u~h are 4e1¢ted. 1 2C" Collier County or any other member of the Board of County Commissioners as designated by the Chairman to serve on the Council. (b) Two (2) members of the Council shall be elected municipal officials, at least one (1) of whom shall be from the most populous municipality in the County or Sub-County Special Taxing District in which the tax is to be levied. (c) Three (3) members shall be owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in Collier County subject to any tourist development tax levied pursuant to Section 125.0104, Florida Statutes. (d) Three (3) members of the Council shall be persons who are involved in the tourist industry and who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels, recreational vehicle parks or other tourist acccmmodations in Collier County which would be subject to any tourist development tax. (e) One (1) member of the Council may be appointed ua a non- votinq member. This member shall act as technical advisor to tho Council and shall have professional experience in the promotion and marketinq of special events. The Board, in its discretion, may leave this position vacant if it finds that no applicant is adequately qualified. All members of the Collier County Tourist Development Council shall be electors of Collier County and the members shall serve at the pleasure of the Board of County Commissioners for staggered terms of four (4) years. The terms of office of the original members shall be prescribed in the resolution appointSng the original members. o Words underlin~ are added; words .~..--'ck '~.'~'~h are deleted. SECTIO}! THREE: CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this ~ day of , 1998. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: By: BARBARA B.' BERRY, Chairman H~idi ~ Ashton Assistant County Attorney f:\hl¥,OrdinanccLAmendins ¢)rdinanc¢ 92.18 Tour, s! l)ev¢lnp Council Words undcrlincd arc addcd; words ::."-'c~ -'-':r~gh arc dclcled. NapLes DaiLy Ne~s NapLes, FL 33960 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 1-0130106~910 57669016 NOTICE OF INTENT TO State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News ia a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 04/03 AD SPACE: 72.000 INCH FILED ON: 04/05/98 Signature of Affiant //~' Sworn to and Subscribed before me this Personalty knovn by me 0110 NID PLqTrl0N$ NOTICE OF INTENT TO CONSK)~R ORDINANCE Notice Is hef'e~y thor on TUESDAY, APRIL 14 1991, In the Boardro~, 3~'d Floor, Ad,- rnlntstrafloel Building, COl- lief' County Governme~ Center, 3301 East Tomlo. mi Troll, Nc~31e~ the Board of County Coen. missioners wtll COmpleter the enoctment of O COUntY Or dlnonce. The w~ll commence ~tee A.M. The tflte of of the AN ORDINANCE AMENDING ORDI. NANCE NUMBER 92-18 RELATING TO THE TOURIST DEVELOP- MENT COUNCIL, AMENDING SECTION TWO TO PROVIDE FOR ADDITION Of= A NON- VOTING MEMBER WITH PROFESSIONAL EXPER~NCE IN THE PRON~OTION AND NLARKETING OF SPE. CIAL EVENTS; PROVID- ING FOR CONFLICT AND SEVERABILIT¥; PROVIDING FOR IN- CLUSION IN CODE OF LAWS AND ORDI. NANCES' AND PROVID- ING 'FOR AN EFFECTIVE DATE. OrcllnonCe ~re on file with the Clerk to the Board and are avoflabfe f~- Ins~. tlof~ All Interested are Invited to attend be heard. Any person who the Board will need o re- perfolnlng thereto ond therefore, may need to ensure ~ o verb<~lm record of the proceed rigs Is mode, which record In- clucle$ the festlrno~y ond evidence ul~on which the BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Ellle Hoffmon, It To: Clerk to the Board: Collier County, Florida RZQL~EST FOR LEGAL ADVERTISxt~ OF PUBLIC BEARINGS Please place tho followxng as a: 1 2C'2 [XX] tlormal Legal Advertisem~nt [ }Othcr: (Display Adv., Location, etc.) ....... i' ................ .... ...... ............ .................... ...... Petitioner: (name ~ ,ddt·ss) : County Attorney's Hearing before: [XX] ~TC [ ] BZA [ ] Other / Requested hearing d~te~ 4/14/98 Based on a~vurtlsement appearing 10 days before hearing. ~le~spaper(s) to be used: (complete only if important [ ], IX] ~aples Daxly News or legally required [ ] [ ] Other ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .............................................. RECOMM~t~ATION TO ADOPT ~ OPDIN~CE AMerCING ORDINanCE g7-82 WHICH CgtEATED THE BAYSHORE AVALON BEAUTIFICATIO~I ML~CIPAL SERVICE TAXING ~IT: AM~ING EXHIBIT A TO CORRECT ~ ERROR IN T~E LEGAL DESCRIFTION WHIC~ DESCRIBES THE DISTRICT BOO.ARIES; PROVIDING FOR CONFLICT ~ SEV~RA~ILITY; PROVIDING FOR INCLUSION IN THE COLLIER CO~TY CODE OF LAWS ~ ORDINanCES; PROVIDING FOR ~ EFFECTIVE DATE. Co.anion petition(s), if any, & proposed hearing date: NONE Do~s Petition Fee ~nclude a~rtislng cost? Yes [ ] No Ix] If yes, what account should be charged for a~vertlslng costs. 001-013-010-649100-0 by:~ ~/~/ ~ r=~ed by: Divisio~ He~ Date ~ County Manager Date / · Lis= Attachment:(1) O~IN~CE ~ EXHIBIT A ............................................. ~~;'~;,~L~;,~ .................. '"' ........ ' .............. A. For hearings befor~ BCT or B~: Initiating person to co.lute one c~y and obtain D~vision Head a~r~al before sub~t=lng to County Manager. NOTE: If le~al document is ln~lv=d~ be sure that any necessa~ legal review; or re. est for sa~; ls s~tted to County Attorney ~fore s~=ting =o County Manage.. The Manager's Office will ~stribute c~les: [ ] County Manager aq~n~ file: [ ] Ru~ustlng Division; [ ] Orlglnal to Clerk's Office B. Other hearin=s: Initiating Division ~ead to a~r~ and s~t orlglnal to Clerk's Office. =~tain~ng a c~y for file. FOR ~E~'S O~ICE USE O~LY DATE ~CEI~D DATE ~RTISED DATE OF P.H. .~ OF PAGES _,-.~ (including this cover) !i!!!i!!1111111111111111111111111111111111111111111111111111111 TO: MS. JUDI~ ~mNA~-&ti LOCATION: NAFLES DAILY NEiiS FAX NO.: COMMENTS: 263-4864 !i11111111111111111111111111111111111111111'11111111111111111111 6~ 696 FROM: ELLIE HOFF~[AN - MINUTES & RECORDS LOCATION: Collier County Courthouse FAX ~;O: (813) 774-8408 PHONE 'NO: (813) 774-~z, 06 03-86J 13:26 I ~°01'53 03-l~, J 1:3: 38 00" 02' 38 03-06 J 1:3:49 O~r' 01 ' 54 926:34864 926:334864 J~~SAi6 ~1~11 068C~14 March 6, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider an Amendment to Ordinance 97-82 Dear Judi: Please advertise the above referenced notice one time on Friday, April 3, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to 001-013-010-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, APRIL 14, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NO. 97-82 WHICH CREATED THE BAYSHORE AVALON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; AMENDING EXHIBIT A TO CORRECT AN ERROR IN THE LEGAL DESCRIPTION WHICH DESCRIBES THE DISTRICT BOUNDARIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIP~LAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) ORDINANCE NO. 98- AN ORDINANCE AM~'~DING ORDINANCE NO. 97-82. WHICH CREATED THE BAYSHORE AVALON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; AMENDING EXHIBIT A TO CORRECT AN ERROR IN THE LEGAL DESCRIPTION WHICH DESCRIBES THE DISTRICT BOUNDARIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 16, 1997, the Board of County Commissioners adopted Ordinance No. 97-82. which created the Bayshore Avalon Beautification Municipal Service Taxing Unit; and WHEREAS, the Board of County Commissioners desires to correct the error in the legal description in Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONEES OF COLLIER COUNTY, FLORIDA; that: SECTION ONE. Amendment to Exhibit A of Ordinance No.97-82. Exhibit A is hereby amended to read as follows: See attached Exhibit "A". SECTION TWO. Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THP. EE. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. ' 1- Wo~st~nderlin~a~additions, words:~ck:k:cu~hared¢]etions. 1 2. C"' 2. SECTION FOUR. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h:.~enni¢/hfa/OrdJnances ~ays~orc Municipal Service Taxing Unit-gg amend Ex. A %Vords underlined are additions, words ....... '~r:'.'-g~ ate deletions. E×IIIBIT A BAYSIIORE DEVELOPMENT AREA I.EGAL DESCRIPTION Begin at ll~c Southwest comer of Section 23, Township 50 Soulh, Range 25 East. Collier Co.niy, Florida; thence Northerly alnng thc ,,vest linc of Section 23 and Ihc West linc of Section 14 to thc ccnlcrlinc of Haldcman Creek; thence Norlhcaslcrly along thc ccntcrlinc of Haldcman Creek in the lntcrseclion of Ibc West linc of lhc East quaricr of' Ihc Sonthwcst qtmrlcr of Section I I; ti~encc Norlhcrly along thc Wcsl line of Ihc East qt,arlcr of Ihc Southwest qtmrlcr o1' Scclion l 1 In thc Norlh line of Mangrove Avenue; thence Easlcrly along Ibc Norlh linc ol'Mangrovc Avenue Io lhc East linc of Pine SIrcct; Ihcncc Northerly along lhc East linc of Pine Street Io thc ccntcrlinc of'a 10' wi(lc alley in Block 4 as shown on lhc plat oF"W.H.S.rcncy S.h(livision" as recorded in Plat Book I, Page 28, Public Rccor(Is of Collier Co.nty; Ihcncc Easlcrly along said ccnlcflinc and its Ea~'~rly extension to Ihe East line of Lot 39, as sho~vn on Iht plat of"Naples Groves anti Thick Co.'s Little Fam~s No. 2" as recorded in Plat Book 1. Page 27A. Puhlic Records oF Collier Co,nty; thence So.lherly along said East line to the So,th line of Weeks Avco,e; thence Easterly along the Soulh line of Weeks Avenue to the West line of' Bayshore Drive; lhcnce Northerly along West line oF Bayshore Drive to the so,thwestcrly right-of'- way line of U.S. 41; Ihence southeasterly along the Southwesterly right-of-way line U.S. 41 to the Sooth line of Ilaldeman Creek; thence Weslcrly along the South line of Ilal(Icmcn Creek Io thc E,st linc of thc \Vest one eighth o1" Ibc Northwest q,artcr or Section 13; thence so,thcrly along lhe East line of the West one eighth of the Northwest q,artcr o1' Scctitm 13 In tile South linc of. Ihc Norlhwcst qnartcr of' Section 13; thence Westerly along the Snulh line ol'the Norlhw~:&t q,arter of Section 13 ~o Ihe \Vest line or :, Sectim~ 13; thence Sontherly along the West line of Section 13 anti the East line o1' Section 23 to tile Soulh linc o£ Section 23; fl~cncc Westerly along Iht Soulh line Section 23 Io Ihe Soulhwest comer of'Section 23 and thc Point ol'Bcginning. Words underlined are additions, words s~-r-%.M~-~h are deletlons. NapLes DaiLy News NapLes, FL 33940 Affidavit of PubLication NapLes DaiLy Nevs BOARD OF COUNTY COMHISSZONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 800551 57669025 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serve~ as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said nevspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida/ and that the said newspaper has heretofore been continuously published in said Collier County, Florida/ each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 04/03 AD SPACE: 73.000 INCH FILED ON: 04/03/98 Signature of Affiant Sworn to and Subscribed before me this : day of .i ' 19J'" Personally known by me ' ' · NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is h~'eb¥ glves~ that on TUESDAY° APRIL 14, 199~. In ~, ~d F~, A~ mln~ ~, Ce~, 3~I Eat T~ mi Tr~l, ~e~ ~e ~ ~11 A~. The ~e AN ORDINANCE A~ENDING ORDI. NANCE NO. ~ICH CEEATED BAYSHOEE AVALON BEAUTIFICATION ~U- NICIPAL ~ERVICE TAXING UNIT~ A~E~. lNG EXHIBIT A TO C~RECT AN ERR~ IN THE LEGAL CRIPTION WHICH ~R~E~ THE DISTRICT BOUNDARIES; PROVe- lNG FOR CONFLICT AND 5EVERABILITY; PROVIDING FOR IN- CLUSION IN T~ C~ OF LAW~ AND ~DI. NANCE~; AND PROVID- ING FOR AN EFFECTI~ ~dl~e ~e ~e ~ol~le f~ I~. be h~ Any ~n ~ ~c~ es ~ ~ol o ~ ~d ~11 ~ a re- ae~mnmg ~ereto a~ em~e ~ o v~m Is m~, which re~d~ evld~e ~ RD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIR~N DWIGHT E. BROCK, CLERK By:/s/EIIle ~, ORDINANCE NO. 98-29 AN ORDINANCE AMENDING ORDINANCE NO. 97-82. W~ICH CREATED THE BAYSHORE AVALON BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; AMENDING EXHIBIT A TO CORRECT AN ERROR IN THE LEGAL DESCRIPTION W~ICH DESCRIBES THE DISTRICT BOUNDARIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR iNCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 16, 1997, the Board of County Co~missioners adopted Ordinance No. 97-82. which created the Baysh9re Ava_on Beautification Municipal Service Taxing Unit; and WHEREAS, the Board of County Commissioners desires to correct the error in the legal description in Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; that: SECTION OITE. Amendment to Exhibit A of Ordinance No.97-82. Exhibit A is hereby amended to read as follows: See attached Exhibit "A". SECTION TWO. Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the va.idity of the remaining portion. SECTION THREE. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part ~f the '~de of Law~ an~ Ordinances o~ Collier Countv, Florida. The sections cf the ordinance may be renumber~d ~,r relettered to accomplish such, and the word "ordinance" may ~e changed to "section", "article", or any other appropriate word. 1- Wordsunderlinedar¢ ~dilion$,wo~s~k:h~ugka~d¢letions. SECTION FOUR. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this /v/ day of /~,~.;/~ / , 1998. / ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: ./ / , Heidi F. ~hton Assistant County Attorney h:/~ennic~f'a.'O~dinznces/B.~)~shorc Municipal Scr','ic¢ Taxinl~ Unil-Og lrr~nd £'L A - 2- Words underlined are additions, words :::*'.::k ~.'~.'~.~ are delctiom. EXHIBIT A BAYSIIORE DEVELOPMENT AREA LEGAL DESCRIPTION Begin at the Soulhwcst comer of'Section 23, Township 50 South, Range 25 East, Collier Cotlnly, Florida; Ihcnce Nor~hcrly along Ihe west linc or Section 23 and thc West linc of' Scclion 14 Io lhc ccnlcrlinc of Hnldcman Creek; Ihcncc Norlhcnstcrly along thc ccntcrlinc or ]'laldcman Creek Io Ihe Inlcrscclion of Ibc West linc of' thc East qtmrler of. lhc Soulhwcst quarter of Section I 1; li~cncc Northerly along thc West line or the East qnarlcr or thc Soulhv/cst qitarlcr of Scclion I I Io thc North line ol' Mangrove Avcntlc; thence Easlcrly along Ihc Norlh linc of. Mangrove Avenue to Ibc East linc of. Pinc Slrcct; Ihcncc Northerly along Ihc East linc of'Pine Street lo thc centcrlinc ora 10' wide alley in Block ,l as shown on Ihc plat or"W.ll. Surcncy Subdivision" as recorded in Plat Book 1, Page 28, Public Rccor(Is or Collicr Cotmty; thence Easlerly along saki ccntcrlinc and ils Ea'.~'t~.rly extension lo Ihc East linc of Lot 39, as shown on thc plat of."Naplcs Groves and Track Co.'s Liltlc Farms No. 2" as recorded in Plat Book 1, Page 27A, Pnblic Records or Collier Cmtnly; thence Soulhcrly along saki East linc lo the Sooth line of Weeks Avenue; Ihcnce Easlcr]y along thc Sot,lh line o£ Weeks Avenue to lhc West linc of' Bayshorc Drive; thence Norlhcrly along West line orDayshore Drive Io Ibc soulhwcstcrly right-of- xvay linc of' U.S. 41; thence southcaslerly along the Sonlhwcslcrly right-cf'-way linc or u.s. 41 lo ibc Soulh linc of' l-Icl(leman Creek; thence Wcslcrly along Ihc South line or llal(Icrncn Creek Io Ihc East linc of the Wcsl one cighlh of thc Northwest quarlcr of Scction 13; lhcncc sotilhcrIy along the East linc oflhc West one cighlh of Iht Nodhwcst qtmrtcr of Section 13 to the South linc of Ihe Northwest quarter of Seclion 13; thence ~Veslcrly along Iht Somh linc of thc Norlhx~;~:~t qtmrler &Section 13 lo lhc West linc of Section 13; thence Southerly along the West line of Section 13 and Ihe East line of Seclion 23 to Ibc Sotllh linc of Section 23; Ihcncc Weslerly along the South line of Scclion 23 lo thc Soulhwcst comer of Section 23 and Ihe Point of Beginning, STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-29 ~ich was adopted by the Board of County Commissioners on the 14th day of April, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 1998. DWIGHT E. BROCK ..." . ,~ ". Clerk of Courts and.'Cle~k.'..'" ". Ex-officio to Board County Commissioner. s.;~.- ' . .. .., .. -:__, .. ,>': ..: ~y: Maureen Keny .~,n' ~Deputy Clerk: ~ ;,:~ ' '" '~': , ,. · . ,~'... :' . · ,,,' . . ~ - · .'"' · .... '~ .? ,~, ~a(' ' COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Bo',rd: Please place the following as a: XXX Normal legal Advcrtisetncn! (Display Adv., location, crc.) [] Olhcr: Originating Dcpt/Div: Comm. Dcv. Scrv./Planning Person: /// t/ Petition No. (If none. give brief description): SNR 97-12__ Petitioner: (Name & Address): Bill Spinclli 3927 Arnold Avcfme, Naplcs, FL 34104 Name & Address of any person(s) to be nolificd by Clerk's Office: (If ~norc space is needed, attach separate shcct) Butler .Engineering, Inc. 2223 Trade Center Way. Naples. FL 34109 Hearing before XXX BCC /~/BZA/ Other Requested Hearing datc:~ Newspaper(s) to be used: (Complete only if important): Based on advcrtisement appearing/~5 days before hearing XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & com~non location & Size: petition No. SNR-97-12 Butler Enginccring, Inc., r_.cpresentinR Bill Spinelli of Titan Homes, reque.~ting a street name change for the northeastern most section of Brianvood Boulevard to Terrazzo Lane, in Bfianvood Unit Five, Section 31, Township -1.9 South, Range 26 East, Collier Countv, Florida. Companion petition(s), if any &.proposcd hcaring dale: Docs Pctition Fee include advertising cost? [~cs [] No If Yes. what account should be charged for advertising costs: !13-138323-649110 '~O f4v- °o O~'5[ P, evicwcd by: Approved by: Division Head Date Cotlnty Manager Date List Allachmcnls: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one co)' and obtain Di,,ision llca(I al)pro',al bcfnre submitting to County Manager. Note: If leg:il document is invoh'cd, be sure that any necessa~ legal reviews, or request for same, is submitted to Count)' Attorney before submitting to Count.,,' ,Manager. The Manager's office v~'ill di.~tributc copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a cop)' for file. FOR CLERK'S OFFICE USE ONLY: ,9 ,~ OF PAGES . ~_ (including this cover) !!i!i!!!1111111111111111111111111111111111111111111111111111111 TO: MS. Jg]~)TTF~ ~9.A~ACAN LOCATION: NAFLES DAILY NEWS COHME~TS: 263-4864 IIII111111111111111111111111111111111111111'I!!11111111111111111 FROM' ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courthouse FAX NO: (813) 774-8408 PHONE 'NO: (813) 77/,-8406 69~ I e3-e6] 09:43 00' 0i '57 ] ] 92634864 I OM 13:26 ~' 01'53 ] ] 926~d864 OK lDato sent March 6, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition SNR-97-12 Dear Judi: Please advertise the above referenced notice one time on Sunday, March 29, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 800551 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 14, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SNR-97-12, Butler Engineering, Inc., representing Bill Spinelli of Titan Homes, requesting a street name change for the northeastern most section of Briarwood Boulevard to Terrazzo Lane, in Briarwood Unit Five, Section 31, Township 49 South, Range 26 East, Collier County, Florida, recorded in Plat Book 28, Page 48 of the Official Records of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ( SEAL ) March 6, 1998 Butler Engineering, Inc. 2223 Trade Center Way Naples, FL 34109 Re: Public Hearing to Consider Petition SNR-97-12 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 29, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure March 6, 1998 Mr. Bill Spinelli 3927 Arnold Avenue Naples, FL 34104 Re: Public Hearing to Consider Petition SNR-97-12 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 29, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION NO. 98- RESOLUTION RENAMING THE NORTHEASTERNMOST PORTION OF BRIARWOOD BOULEVARD TO "TER?A. ZZO LANE", WHICH STREET IS LOCATED IN BRIARWOOD UNIT 5 SUBDIVISION, IN SECTION 31, TOWMSHIP 49 SOUTH, PANGE 26 EAST, COI,I, IER COU[IT'F, FLOR I DA. WHEREAS, the Board o£ County Corr, issioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Co~missioners has been requested to confirm %he renaming of the northeasternmost portion of Briarwood Boulevard to Terrazzo Lane. This street is located in Section 31, Township 49 South, Range 26 East, Collier County, Florida, Briarwood Unit 5 Subdivision, according to the.plat thereof, recorded in Plat Book 28, .~a~._ 48, o~ the Official Records of Collier County, Florida; WHEREAS, there appears to be nc street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD C? COUNTY COMMiSSiONERS OF COLLIER COUNTY, FLORIDA: The name of the northeasternmost portion of Briarwood Boulevard is hereby changed to Terrazzo Lane and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution he recorde~ in the Public Records of Collier County, Florida, anl notefi uptn the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: P?L~,. ~,,,~ 7'm. ~.,/~ da,:' of , 1998. BOARD OF COUNTY COMMISS!O:iERS CC_~.~R COUNTY, FLORIDA .>~.~.i.'..~.~.>~<. Chai - "'""'"" t(aples Daily Heys Naptes, FL 339~,0 State of Florida County of ColLier Before the u~erstgned authority, personally appeared B. LaG, who on oath says that she serve~ as the Assistant Corporate Secretary of the Uaptes Daily N~s, a daily n~$paper ~Jblished at Haples, in Collier County, Flortda: that the attached copy of advert~st~ was ~b~shed tn ll~d n~s~per ~ dates ~tst~. AffJant further lays that the ~ald Hap~es Dotty H~s ts a n~sN~r ~b~sh~ at Hap(es, tn said Collier County, F~orida, a~ that the seJd n~s~per ~s heretofore been c~ttn~us~y publtsh~ in said Collier C~nty, Florida, each day a~ has Nan enter~ as sec~ c~ass ~l ~tter at the ~st office tn Hap~es, in said Collier C~nty, F~orida, for a pert~ of 1 year next prec~t~ the first Dblicati~ of the attach~ c~ of ~verttsement; a~ affiant further says that she has neither paid nor promts~ any pers~, firm or co~ration any dt~c~nt, rebate, commission or refu~ for th~ pur~se of securing this advertisement for publication tn the said n~spaper. Affidavit of Publication Naples Daily Ne~s BOARD OF COUNTY COflHZSSIOtlERS NOT,CE Of: ATTN: NANCY SALOGUB PO BOX &13016 Natke ~s r~rel:~ ~ven ~ ~e Board at Cou~ltv NAPLES FL 3x, 101-3016 Comm~sk~, of hearing o~ TUESDAY, REFERENCE: 001230 800551 Ce~e~, 330~ East Torn~. mi TrOll, I~x~e~, 576650~6 HOTICE OF PUBLIC HEA The meeflr~g will begin at The Bc~rd will CorOtar PeCttk~ SU~.97-12, Btmor E ngl neerlr~:~/fl~T-, r epr e- sertflng .Bill ~4nelll of TI. ton Hornes~ requesting a street noene chonge for fhe nor?heostern evord fo Te~rozzo Lone, In Brlorwood Unit Five, ~,ctfon 31, Towr~shlp 49 S¢~dln, Range 26 East, Col. lief County. Fk~'ldo, re. cor~ed In Plat Boo~ 21, Poge 41 of fhe Offlclol Re. F~ork~c~ '-~FF' ir~e~ested po~es Board m'lor fo fha pu~lc ~e Boo'd will nee~ o re- cord of f~e proceedings t~'eforez e~M~ ~ ~ ve~lx~m re~ord of Is ~e, w~k::h reco~d In- cluc~ ff~ t~sflmo~v and ~vkJ~"K:e upon vv~lch the BaP~A R ts fo be bosecL D OF: .COUNTY CO~USSIONER$ PUBLISHED ON: 03/~9 COLLIER COUNTY, FLO~OA BARBARA B. BERRY, CHAIRA~AN DWIGHT E. BROCK, CLERK B~ /s/ EIIla Hatfmo~, Al) SPACE: 63.000 INCH Anarch29 N0.1170652 FILED ON: 03/30/98 Signature of Affiant S~orn to and Subscribed before ee this Personalty known by ne , r,. / day of ' j";, !Z! *** 2306869 OR: 2409 PG: 2524 CO~IS 1.00 RESOLUTION RENAMING THE NORTHEASTERNMOST PORTION OF BRIARWOOD BOULEVARD TO "TERRAZZO LANE", WHICH STREET IS LOCATED IN BRIARWOOD UNIT 5 SUBDIVISION, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Co~unissioners is authorized pursuant to authority of Chapzer 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renamlng of the northeasternmost portion of Briarwood Boulevard to Terrazzo Lane. This street is located in Section 31, Township 49 South, Range 26 East, Collier County, Florida, Briarwood Unit 5 Subdivision, according to the plat thereof, recorded in Plat Book 28, Page 48, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of the northeasternmost portion of Briarwood Boulevard is hereby changed to Terrazzo Lane and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this ATTEST: Approved as to Form and Legal Sufficiency: Assistant Couhty A:torney day of ~_ , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~rma n COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the follow|ng as a: XXX Normal legal Advcffisemcnt (Display Ads'., location, crc.) Other: Originating Dept/Div: Comm Dev. Scn,'./Planning Person: Date: Petition No. (If none, give brief description): .CU-97-26 Petitioner: (Name & Address): Jonathan Burl, 733 Riviera Dr., Naples, FL 34103 Name & Address orany person(s) to be notified by Clerk's Of Iice: (If more space is needed, attach separate sheet) Torrance L. Kct)t)le. Kcpp!c Enginee .ri.'n~. 3.g06 Exchange Ave., Napl. c~;, FL 34104 Hearing before BCC XXX BZA Other Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other {'-] Legally Required Proposed Text: (include legal description & common location & Size: Petition No.. CU-97-26, Terrance L. Kcpplc, of Kcpple Engineering, representing Jon,3than Buff, requesting Conditional Uses ~19, 20 and 23" of the "A" Rural Agricultural zohing district for a sports instructional school, recreational camp and cultural, educational or recreational facilities for properly north of arid adiacent to Pine Ridge Road (C R. 896), 600 feet west of Livingston Road, in Section 12, Township 49 South, Range_~25__East, Collier Count', Florida, consisting of 5. I acres. Companion petition(s), if any& proposed hearing date: Does Petition Fcc include advertising cost7 [] Yes [] No 113-138323-649110 Reviewed by: Division Head Date If Yes. what account should be charged for advcffising costs: Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division llcad approval boil)re submitting to County Manager. Note: If leg:il document is invoh'ed, be sure that any necessao' legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and subtnit original to Clerk's Office. retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: DateReceived',-~.,/,,~/~fl' Date of Publi¢ I,c, ring: ./-~.//~9///05~''' DateAdverlised: "~/. ~/~ / ~ OF PAGES (including this cover) !!1111111111111111111111111111111111111111111111111111111111111 TO: MS. JUDIT~ LOCATION: NAFLES DALLY NEWS PAX NO.: COMMENTS: 263-4864 IIIiiliii111111111111111111111111111111111111111111111111111111. FRO}{: ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courthouse FAX NO: (813) 774-8408 PHONE NO: (813) 77/,-,q/,06 00° 02'a2I 19263~8649~1 77~ 1782[ 00" 01' ~3 Date sent: Ti=e sent: ¢/.'.~ .1 March 3, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition CU-97-26 Dear Judi: Please advertise the above referenced notice one time on Sunday, March 29, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 800551 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, APRIL 14, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-97-26, Terrance L. Kepple, of Kepple Engineering, representing Jonathan Burr, requesting Conditional Uses "19, 20 and 23" of the "A" Rural Agricultural zoning district for a sports instructional school, recreational camp and cultural educational or recreational facilities for property north of and adjacent to Pine Ridge Road (C.R. 896), 600 feet west of Livingston Road, in Section 12, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.1 acres. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ( SEAL ) March 3, 1998 Mr. Terry L. Kepple Kepple Engineering 3806 Exchange Avenue Naples, FL 34104 Re: Public Hearing to Consider Petition CU-97-26 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 29, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure March 3, 1998 Mr. Jonathan Burt 733 Riviera Drive Naples, FL 34103 Re: Public Hearing to Consider Petition CU-97-26 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 29, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION 98- 13A'l ' A RESOLUTION PROVIDING FOR THE ESTABLISHMEHT OF A SPORTS INSTRUCTIONAL SCHOOL, RECREATIONAL CAMP, AND CULTURAL, EDUCATiO:~AL OR RECREATIONAL FACILITIES CONDITIONAL USES 19, 20 AND 23 IN THE "A" RURAL AGRICULTURAL ZOf~ING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLOR I DA. WHEREAS, the Legislature of the Sta%e of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the ~cwer to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Com.nission, being the duly appointed and constituted plannin~ board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses 19, 20 and 23 cf Section 2.2.2.3. in an "A" Rural Agricultural zone for a sports insBruc%ional school, recreaticna! camp, and cultural, educational cr rer~eationa! facilities on the property hereinafter described, an~ has found as a matter of fact (Exhibit "A") tLat satisfactory provision and arrangement have been made concerning al! applicable matBers required by said regulatiops and in accordance with Subsection 2.7.4.4 of the Land D_~__o~='~] ~-=n~ Code for the Collier County Planning Co~mis$ion; and WHEREAS, all interested parties have been given opportunity to be heard by this Bca£d in a public mee%ing assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Terrance L. Kepple of Kepple Engineering representing Jonathan Burt with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses 19, 20 and 23 of Section 2.2.2.3. of the "A" Rural Agricultural zoning district for a sports instructional school, recreational camp, and cultural, educational or recreational facilities in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that tkis Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vo~e. Done this day of , 1998. BOARD OF ZONING APPEALS COLLIER COUHTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBA?~. B. BERRY, Chairman Approved as to Form and Legal Sufficiency: Marjo~ie M. Stu~_nt Assistant County Attorney f/C'J-97-26 PESOLUTiC:; FI~ING OF FACT ~Y COLLIER COUNTY PLLNNING COMMISSION A CON~ITIONA~ USE PETITION FOR CU-97-26 1'4 The following facts are found: Section 2.2.2.3.19, 20 & 23 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest amd will no= adversely affect other property or uses in the same distric= or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to .mroperty and proposed struc=ures thereon with particular ~=-'=~ence to automotive and pedestrian safety and con';e.-.!ence, traffic flow and control, and access in case of fire or catastrophe: Adecuate. i-c~==.._ :-egress Yes '~o C. Affects neighboring ~r=perties in relation to noise, glare, economic or odor effects: No af= ' =ec= or Affect mitigated by Affect canns: be mitigated D o Comoatibility with adjacent Froperties and " . o~ner property in the dis~ri~5: Compatible use wishin district ¥_s No Based on the above finzzncs .... : condi=iona! use ~,,~, stiouiations,. (cop'/ a-ta:he5',. 'sk:uld n~-) ~=__ ~~__o. ...... .~=x_. ~=---__ approval DATE: - F_=.i P~tA,_~[: f/Fi.~.~i:;G OF FACT Exhibit A Exhibit B A =tact of land in Sec:ion 12, Township 49 Sou=h, Range 25 £ast, Collier Coun:y, Florida, more par:icularly described as follows: ' · South 75 fee~ for ri~h:-of-~ay; toge=her wi=h the $ouh:~es: Qua:~er of the S.e~ acres de~cri~el in O. ~. 1587/1114 and 1762/1~71, and the ~&uth 75 f .ere.: for righ:-of-way. V-97-2% Ce, ~,q'd ~ soo,e) ,3d,,","n ~ ¢'*//,. CU-~') -26 · -* xh i .', i .t C CU-97-26 Exhibit D Subject to the following Conditions: NapLes DaiLy Ne~s flapLes, FL 339~0 Affidavit of PubLication NapLes DaiLy tiers BOARD OF COUNTY CO~HISSI~iERS ATTN: NANCY SALOGUB PO BOX ~13015 NAPLES FL 3¢101-3016 REFEREHCE: 001230 800551 5766~931 NOTICE OF PUBLIC HEA State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared 8. La~b, ~ho on oath says that she serves as the Assistant Corporate Secretary of the NapLes Oat Ly Heys, a daily newspaper published at NapLes, in CoLLier County, FLorida: that the attached copy of advertising vas pubLished in said newspaper on dates Listed. Afftant further says that the said NapLes Dotty Ne~s ts a newspaper published at NapLes, in said CoLLier County, FLorida, and that the said newspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second class mail matter at the post office in NapLes, in said CoLLier County, FLortda, for a pertod of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any d~scount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLZSHEO Off: 03/29 AD SPACE: 60.000 INCH FILED ON: 03/30/98 NOTICE O~ PU~LK: HEARING Comml~sk:)fl~s of ~ll~ ~, ~11 he~lng ~ TUESDAY, APRIL 14 1~, In ~, ~d FI~, A~ li~ ~ ~nme~ Ce~, 3~1 E~t T~ mi Troll, N~les, The me~ will ~ A~ P~fflon CU-97-26, Ter- ronce L. Ke~ple, of r~ ~ B~. reauestlng Conditional U~S "19, ~ "A" Rural A~lcu~ rural edu~ottonol or r~r~ f~ll~ f~ p~ ~tm ~fl~l~ ~ ~ ~1 ~ ~ re- ~lnl~ ~, ~ ~e ~ a BOARD OF COUNTY COLLIER COUNTY, BARBARA B. BERRY, ~AJR~N DWIGHT E. BROCK, ~RK B~ /t/ EII~ ~, CI~ Signature of Affiant L' Sworn to and Subscribed before me this PersonaLLy known by me :t/. /,~,.~ :./,~, 13A 1 ISA '1 RESOI,UTION 98- 101 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A SPORTS INSTRUCTIONAL SCHOOL, RECREATIONAL CAMP, AND CULTURAL, EDUCATIONAL OR RECREATIONAL FACILITIES CONDITIONAL USES 19, 20 AND 23 IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, %he County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Cendltional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and (:ons~i~ute~ planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses 19, 20 and 23 of Section 2.2.2.3. in an "A" Rural Agricultural zone for a sports instructional school, recreational camp, and cultural, educational or recreational facilities on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. -1- NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING A['PEAI.[; o[ Collier County, Florida that: The petition filed by Terrance L. Eepple of Eepple Enqiner~rinq representing Jonathan Butt with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses 19, 20 and 23 of Section 2.2.2.3. of the "A" Rural Agricultural zoning district for a sports instructional school, recreational camp, and cultural, educational or recreational facilities in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FUR?HER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ,'"' day of ~ '/~.,~,.. , 1998. / BOARD OF ZONING APPEALS COLLIEP COUNTY, FLORIDA BAR~RA-B~~ BEK~'b Cha~-f]~R~- .ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjo~ie M. Student Assistant County Attorney f/CU-97-26 RESOLUTION -2- -- I I III II I I IIIIIII I IIII 15A-1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-26 The following facts are found: Section 2.2.2.3.19, 20 & 23 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress/& egress Yes ~-/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: &-'No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use withj~district Yes ~'No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~) be recommended~for approval f/FINDING OF FACT CHAIRMAN/ Exhibit A I I I Exhibit B A tract of land in Section 12, Township 49 Sou=h, Range 25 East, Collier County, rlorida, more particularly described as follows: North 523.25 feet of the West 180.65 feet, the £as= 510 fee=, and South 75 fee= for righ=-of-wa¥~ toga=her with the Souh=wes= Oua==e= of =he Southeast Quarter of the Sou=beast Quarter, Less the Wes= 100 the 5.88 acres described in O. R. 1387/1114 and 1762/1871, and the South 75 f%e= for right-of-way. V-97-26 II'et~ # 3806 £xchlnf[e A~e '~opJ~l. f,"l :J4104 (941) 403-17~0 CU-UT-26 I- Preliminary Site Plan ' , Jormhan Bart, ~ ,,.~,~cf,,=., I I -~'i - ~-~.[-'~:. CU-97-26 Exhibit D Subject to the following conditions: 1. A westbound right turn lane shall be required along with compensating right-of-way in accordance with Ordinance 93-64. 2. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. 3. The County reserves the right to restrict and/or modify the location and use ofmedian openings in accordance with Resolution 92-422, Collier County Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concern. Nothing in any development permit issued by the County shall operate to vest any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. 4. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site development plan approval. 5. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code. 6. An exotic vegetation removal, monitoring, an maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to the Current Planning environmental staff for review and approval prior to final site development plan approval. 7. The building(s) shall comply with Section 2.8 of the Land Development Code - Architectural and Site Design Guidelines and Standards for Commercial Buildings and Projects. 8. The proposed cabins on the submitted site plan shall not be made available for any type of continuous rental through the use of any type of lease agreement or other legal documents which sanction, authorize or approve rental or occupancy of the dwelling units. They are intended to function as short term overnight or weekend housing for out-of- town instructors, exhibitors, judges, camp participants and the like, specifically associated with the use of the instructional school or camp. l&A / RESOLUTION NO. 95- 99 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN MAJESTIC PINES, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING TIlE MAINTENANCE RESPONSIBILITY FOR TIlE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE ltOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on November I 1, 1992, approved the plat of Majestic Pines for recording; and WI IEREAS, thc dcvclopcr has constructed and maintained thc roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102. as amendedg and thc Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHERL:AS. thc developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security: and WHERF. AS, the Compliance Sen'ices Section of the Development Se~'ices Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY ('(')MMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be grantcd for those roadway, drainage, water and sewer improvements in Majestic Pines, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept thc future maintenance and other attendant costs for the roadway, drainage, water and sewer improvcments that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ~f. """ fid ATTEST: DWIGHT E. BROCK, CLERK ;,tt.~t ,i.~ to Chalrm~q'$ ;~nat:~re oal~. Approved as to )btm and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Hcidi F. Ashton Assistant Collier County Attorney PERFORMANCE AGREE1TENT Rental Rehabilitation Program THIS PERFORMANCE AGREEMENT, made and entered into this 4th day of March, 1998, by and between Community Housing Partnership of Collier County, Inc.,{Developer), its successors and assigns, party of the first part, and Collier County, a political sub- division of the state of Florida, party of the second part, WIl%gESSETH: WHEREAS, the party of the first part, has applied for and received a Rental Rehabilitation Loan through the Department of Housing and Urban Improvement, Collier County, Florida; and, WHEREAS, the proceeds of said loan shall be applied toward the rehabilitation of certain improvements located in Collier County, Florida, more particularly described below, which property shall be used for residential rental purposes under the terms and conditions described herein; and, WHEREAS, the purpose of the above-mentioned loan, as evidenced by the promissory note and mortgage executed this date, and the restrictions and covenants set forth herein is to rehabilitate property in Collier County, Florida which will provide decent, safe, and sanitary housing, principally for the benefit of low to moderate income persons, in a nondiscriminatory manner, and therefore; the party of the first part recognizes, covenants and agrees that the restrictions set forth herein shall be adhered to during the stated term regardless of the satisfaction of the promissory note and mortgage and note executed herewith or any other liability which the party of the first part may have the party of the second part. NOW, THEREFOR, the party of the first part does hereby acknowledge the facts and purposes under which these restrictions are executed as described in the preamble hereinabove set forth and does furthermore incorporate said facts and conditions as if set forth herein in full; FURTHERMORE, the party of the first part does hereby additionally acknowledge, covenant and agree, for himself, herself, or itself, his, hers, or its heirs, successors and assigns, to the conditions and restrictions set forth as follows: 1. The De'zeloper shall not for a period of fifteen (15) years, beginning on the date which the rehabilitation of the units in the project is completed, discriminate against prospective tenants on the basis of their children or eligibility for housing assistance. In the event that such discrimination does occur, the party of the first part shall be subject to repayment of the entire unpaid Rental Rehabilitation Loan amount, and payment of all attorney's fees and court costs incurred by the party of the second part for collection of the same. 2. The Developer agrees that it shall not sell any of the individual rental units rehabilitated with Rental Rehabilitation Loan funds for at least (15) years beginning on the date on which the rehabilitation of the units in the project is completed. In the event of such a sale, the party of the first part shall be subject to repayment of the entire unpaid Rental Rehabilitation Loan amount, and payment of all attorneys fees and court costs incurred by the party of the second part for collection of same. 3. The Developer agrees that it shall designate the (12) unit apartment kuilding as very low income. 4. The monthly base rent for the affordable units may be increased each year from the date of this Agreement as long as the rent does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very low income), of the applicable median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development for the area defined as the Naples Metropolitan Statistical area (MSA). The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a very low income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. 5. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the 16A 2 Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit A, which shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. 6. No affordable housing Unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this Agreement as a very low income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. 7. The developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, which includes a statement of release information, tenant verification of the return, and a signature block with the date of application. The verification shall be valid for 90 days, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. 8. At a minimum, the rental agreement shall include the following: (i) name, address, and telephone number of the head cf household and all other occupants; (ii) a description of the unit to be rented; (iii) the term of the lease; (iv) the rental amount; (v) the use of the premises; 16A'2 (vi) monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement may be conducted by the Housing and Urban Improvement Director. 9. The party of the first part shall provide the Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy. The report shall be filed on or before September 30 of each year and the report shall submitted by the Developer to the Housing and Urban Improvement Director. Failure to complete and submit the monitoring report to the Housing and Urban Improvement within sixty (60) days from the due date shall result in penalty of up to ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) submission deadline. No more than one extension may be granted in a single year. The progress and monitoring report shall be in a form provided by the Housing and Urban Improvement Director. 10. No affordable Unit in any building or structure on the property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 11. The Developer hereto acknowledges that the Director of Collier County Housing and Urban Improvement or his designee shall have the authority to monitor and enforce Developer's obligations hereunder. 12. These Performance Agreement Covenants and restrictions shall run with the land for a term of fifteen (15) years as stated herein above from the date of completion of rehabilitation of all units in the project and the purpose of this paragraph is to insure that all subsequent purchasers and/or assignees are bound by these restrictions unless the promissory note and mortgage executed herewith are fully satisfied. 13. Provisions of this Performance Agreement shall be enforceable by the party of the second part by injunctive and/or other appropria%e relief. 14. The properties against which this Performance Agreement shall apply is addressed as 4948 Biscayne Drive, Naples, Florida and is particularly described as follows: NAPLES SOUTH UNIT BLK 16 LOTS 11 & 12 OR 826 PAGE 652 AND TPOPICAL MANOR COHDO APT Al OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT A2 OR ~26 PAGE 652 AND TROPICAL MANOR CONDO APT B1 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT B2 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT C1 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT C2 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT D1 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT D2 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT E1 OR 826 PAGE 652 AND TROPICAL MANOR APT E2 OR 826 PAGE 652. IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. Print Print 16A of Collier County, Inc. 2 State of Florida County of Collier The foregoing Performance Agreement was acknowledged before me by Vanessa Fitz, President, Community Housing Partnership of Collier County, Inc. ~ersonal~y ~own to me or who produced as identification. WITNESS my hand and official seal this /~' day of , 1998. (affix notary seal) Notary Public~~ My Commission"~xpires: DATED: ATTEST: Dwight E. Brock, Clerk / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Exhibit "A" Legal Address: NAP E T NIT BLK16 LOT~826 PAG 6E_~ AND TR PI A MAN R ND APT A1 R 826 PAG_[ 652 AND TROPICAL ~DTR PI A AM N R ND PTB1 R626 PAGE 652 AND TR PI AL MAN R ND APT B R 826 PAGE 652 AND TROPICAL MANOR CONDO APT C1 OR 826 PAGE 652 AND TROPICAL MANOR ~ONDOAPTC2~652ANDTR PICA MAN R OND APTD1 OR 826 PAGE 652 ANDTR PI AL MANORC NDO APT D2 OR 826 PAGE 652 AND TROPICAL MAN R ND APT E1 R 826 PAGE 652 AND TROPICAL MANQ_R NDOAPTE2 R826PA E652. MORTGAGE 1 6A-P_ Co,~mun~ty Hou.q~,g Pa~nnr.q~,p of Collier County Inc ~:a~le~. ?lo~da 34014 ~:.?~,~- ~.,~ :e-~e. ~e ~ ~' Sxxty ~ousand Dollars 16A Z Successors J~d Assigns 80u,d; Jot~t and Several 14. Notices. A~y~ce~g~~f~ Governing Law: SeverabHl~. ~h,s S~ Ins~m~ 17. Sale of Note: Cha~ge of Loan Se~cer. The Note 'Loin S~ce() ~lt CoP~ m~ly ~ ~ ~ ~ ~en ~e ~ ~e change ~ I~d~ ~ ~ 14 16A 2_ N~ PUhhC'S Stg~u~e , , ~ iii I I I II I II III IIII II PROMISSORY NOTE 16A rlorzda :.'.':-r '~ ''.. , ;. ', '' ~ ;,r /.r ,'-'.-.* ,-:'::,.-.'. 2800 ~;a~es, F~o~da 34104 ' w,. m':~rs'ar.': ':.~' 'r.~ ;.-n-r,.- ~., a.- .'?r '.'.: ..... .; r.-.~i,. -f_~:-~rL2._..r.~j?!.~T' ~:.-a',~f~ '~-r-f 'r.,. f.:-' - :' ~rs':an% to tn-. F::~t 2..-': ~: T:'~.%t. First Na~lon&l B~k of Florida--S200,000, in".. '.' aZ: ~ums a~'/an~..."..'.:' t~.o ~:ur~c.~.. of 'aD p:otectlng or furt.h*r ~e'-*,,r:n¢] '.;... ~;,n ~; '' ?'~:st Deed of Trust, cutlas cl..faults by the Borrow%'r under tn- Fir',: :.-,-d ' f T::~'/ ~: : any other ~urp~se -x~:..~.-.i7 ?ert'itted by the r:~st De~d of T;u~t -~: tb ,:cnnt:u,T- ;: t,,. 'sSe Of ir,- ~rcr..r-./ :o i~,w -,r '.e, cf ;;:~;L;.',:" :: '.'.' ~.:n'. :.<.~': %: ?;;~t S.'.aL' re'.e;'.',. ' .',':' '' '.ha ~raF,-.'":* :. not ha're cured the ~efauZt un~..r the F;r~t Deed of Trust w~th;n ?. BORROW'ER(S) rAZLVRZ TO PAY AS REQUI:STED Default :f Z/we do not pay ~he fuZZ amount as read:red Ln Section 3 above, I/we will by applicable [aw and re~uire .-e/us to pay the Note Holder's cost an~ expense~ d..scr~bed in 'B: ~elow. if the Note MoZ~e: ~ake$ su:h a:tIcns as descrlbed ~bove, the Note Holder reasonable a~torney~' f~es. · 16A 2 'SeaZ Jasc~ £. ~weat ?hone; :941~ 403-233~ Fax: (941) 4~3-2331 I I I I · Il I Ill I Ill I Il I 2 STATE ~.%~nt'.,', 'n:.. >.,tn,o: ~: .:.r'.-.~'_..oo :'. '% -e .:r-:::'nNo .'.,' '~-'--at:er ............. ;It t . ~:.... ',;L2 L,.' n~ ': .. / .'-",.'Q:'L 5:. her .~::-., d~..c-.:~r~.~. . and says: I. .-.tat t.~.e ''''..a.._-- ;s the c',:ner .t the ,'c'.l",::n~ descrlbed 7R~22.AL :/~C:~?. ~.~::~ A~T B~ ~P. ~2~ ~G 652 A2~L TR:PiCAL '.~dlk.=. ~-C;;7,C, .APT ~2 ~P. ~2~ ~ 652 AND TROPICAL ,V~kNGR CONDO ;37T '-'i CR ~,2{ P~ {52...A:;D TROPICAL M~NOR CONDO APT C2 OR 2. That the above described property ~s free and clear cf a'' 'Lens, taxe~, encumbrances an~ cla:ms cf every klnd, nature an~ ~e~cr:~t:cn, except for: First Nat:ona~ Bank 3t~%.~, u: Fi -:':~-. 4. That r.c -udg=en% cr decree has keen er.~ere~ ~n any rcurt ~ this s~ate cr :he L'n~t_d States aga:ns~ sa:d Af~ant 8n~ whack remains unsat~sf ~ed. Affiant further states that he ~s famli~ar wltk the nature of an oath; and w~th t~e penaltles as falsely swearing to statements made an in~rurent cf tkls nature. Affiant further certlfles ~hat ke has read, or has hear9 read tc him the full facts .... ~ .... ,~n~ ':r.~erstands,'tm. context. That -~-~s .~..:d~','.' ~ f~r the ~'~:'~.s,- c,f ~4~cln~ Co]i:~-r County Vanessa .ritz, ~'les:..ient Community House:n? PartnershLp of Collier County, inc. STATE OF FLORIDA CO%~.:TY CF COLLIER The fcre~cLn~ aff~ua',':t was acknowledged before me by 3cunty. 'nc. WITNESS my hand and ~'fic:al seal this /Jv~k day of (Affix notary seal) My Commissior~.£xp~res: 168 FACILITIES AGREEMENT THIS AGREEMENT is made and entered into this ?~,,,/ day of~. 1998. by and between Maureen Moran. Inc.. Johnson Enterprises, Ltd.. a Pennsylvania Limited Partnership. (hereinafter the Developer) and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT AND THE MARCO ISLAND WATER AND SEWER DISTRICT (hereinafter referred to as the 'County"). Developer is used as singular or plural, as the context requires. RECITALS: WHEREAS. this Agreement is made to finalize the terms and conditions of the Interim Wastewater Service Agreement as adopted by the County on June 25. 1996, which Agreement contemplated the matters, terms, conditions and provisions set forth in this Facilities Agreement. and which is attached hereto as Exhibit A; and. WHEREAS. for the purposes of this Agreement the term 'Developer" shall include the Developer as set out above (Maureen Moran. Inc., and Johnson Enterprises. Ltd.). the Developer's heirs, successors, and assigns, including but not limited to any wholly owned or controlled subsidiary entity; and. WHEREAS. for purposes of this Agreement. the term "the County" shall include its successors and/or assigns; and WHEREAS. the part~es hereto in the Interim Wastewater Service Agreement agreed to determine a time to be agreed upon for the wastewater collection and transmission facilities owned by Maureen Moran. Inc. and those to be constructed by Johnson Enterprises. Ltd. (hereafter the Facilities) to be dedicated to the County; and WHEREAS, the Facilities will serve the developments known as the Barge Marina at Goodland Page 1 of 6 168 Bridge and the proposed development on property owned by Johnson Enterprises. Ltd. more particularly described in Exhibit B attached hereto and hereinafter referred to as 'the Peninsula". and may serve other commercial interests in Goodland as stated in the Interim Wastewater Service Agreement; and WHEREAS, at the direction of the County. the Developer has expended funds to install Facilities with a capacity in excess of that required to meet the needs of the Developer; and WHEREAS, the Developer and the County acknowledge the mutUal benefit to be derived by delaying the dedication of the Facilities to the County for a defined period to permit the Developer to recoup certain costs of installation of the Facilities; and WHERE,~ ,~. the Developer. or another successor entity satisfactory to the County, will maintain and operate the Facilities during the period between the time of their installation and their dedication to the County; and WHEREAS. the Developer has paid the impact fees in the amount of $33,787.17 as set out in the Intedm Wastewater Service Agreement for the connection of the existing Facilities to the County's facilities and shall pay additional impact fees in the amount of $ 95,000.00 (est fLmated) upon connection of lhe Peninsula; and WHEREAS. additional impact fees over and above those already paid by the Developer and calculated pursuant to the impact fee schedule of the appropriate utility shall be collected and paid as additional customers connect to the Facilities, those impact fees to be paid to the County for Flodda Water Services; and WHEREAS. the Developer will be permitted to collect facility fees, in addition to the aforementioned impact fees. for the new customers that connect to the system, which fees shall be calculated on a pro-rata basis of the cost of the Facilities as set out in Paragraph 5 below and shall be retained by the Developer; and WHEREAS. the Developer has accepted the terms and conditions set forth in this Agreement Page 2 of 6 4 168 as part of the County's review and approval of the Developer's land use petitions. WITNESSETH: NOW, THEREFORE, in consideration of the covenants hereinafter contained the parties agree as follows: 1. RECITALS INCORPORATED. The above Recitals are true and correct and shall be incorporated herein. 2. FACILITIES. The Facilities are constructed as a permanent facility to serve the Developers' projects and other customers in Goodland and shall be dedicated to the County pursuant to the terms of this agreement .The Facilities are a force main system and are designed to service commercial and multi-family residential customers. The Facilities may be connected to additional customers upon the payment of the appropriate impact fees to the County and Facility Fees to the Developer. 3. CONNECTION TO COUNTY'S OFF-SITE FACILITIES: The Facilities have been connected at no cost to the County to the County's off-site facilities for treatment by Florida Water Services. 4. CAPACITY OF THE FACILITIES: The capacity of the Facilities is 74,700 gallons per day which is approximately 46,000 gallons per day in excess of that required by the Developers. 5. COLLECTION OF COSTS OF CONSTRUCTION AND IMPACT FEES: Developer is hereby permitted to allow other customers to connect to the Facilities upon the payment to the Developer of a pro-rata share of the cost of facilities construction to the Developer and impact fees, if any, to the County. The approximate pro-rata costs per gallon of service availability for additional connections is shown on the attached Exhibit B. 6. MAINTENANCE OF FACILITIES: The Developer shall maintain and operate the Facilities from the time of their installation through their dedication to the County. Except as otherwise provided for herein, any successor entity to the Developer must be approved by the County which approval shall not be unreasonably withheld. If the successor entity is at least fifty percent Page 3 of 6 ~ -- - - , [[.nm [[ ['~'[ ]] [ II[I ........ 16B (50%) owned by Maureen Moran, Inc. and/or Johnson Enterprises, Ltd., tt~e Cou~y approval is not required. 7. TERM. The term of this agreement shall be seven (7) years from the date of its adoption by the County. 8. DEDICATION OF FACILITIES. At the conclusion of the Term of this Agreement, as set forth in Paragraph 7 supra, the Developer shall convey the Facilities to the County as provided for in the Collier County Land Development Code at the time of conveyance. The conveyance shall be at no cost to the County and shall not be impaired by any failure of the Developer to be fully compensated for Developers cost of constructing the Facilities. The Facilities at the time of conveyance shall be surveyed by the County. The Developer shall make any and all repairs to the facilities necessary to have the facilities comply with the Collier County Land Development Code at the time of the conveyance. 9. BILLING FOR SERVICE: All businesses, individuals or residents who connect to the Facilities subsequent to the effective date of this Agreement shall be required to install, at its own expense, a County approved metering device. These meters shall be read by the County. The County shall also read the meter described in the Interim Wastewater Service Agreement. The County shall bill the Developers on a bulk rate for the wastewater service to the Facilities and provide to the Developers the meter readings on all other meters on the Facilities. The Developers shall then rebill the additional customers at the same rate as they are billed, plus a fifteen (15) percent charge added thereon to cover administrative costs. 10. NEW CUSTOMER NOTIFICATION: Prior to the connection of any customers other than the Developers to the Facilities, the Developers shall provide thirty (30) days notice to the County of the intent to connect a new customer to the Facilities and the wastewater flow of the proposed customer. The Wastewater flow shall be calculated as set out in the Flodda Administrative Code. The County shall provide to the Developers a calculation of the impact fees to be paid for Page 4 of 6 the impact of the new service availability. Said impact fees shall be paid to the County prior to the connection of the new customer to the facilities. 11. NEW CUSTOMERS AGREE TO BE BOUND: Any and all new customers shall agree in writing to be bound by all terms and conditions of this Agreement and such written evidence shall be provided to all parties hereto. 12. CUSTOMER TURNOVER. All customers served by the Developer during the term of this Agreement shall become customers of the County at the time when the Facilities are conveyed to the County. Prior to conveyance of the Facilities, the Developer shall turn over to the County a complete list of the customers served by the Developer during the term of this Agreement and shall not compete in any way with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the Facilities and shall cooperate fully in the transfer of any billing procedures. 13. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written above. Witnesses: Printe Name: --;.r ~._ By: c~Mauree nc., a Florida Page 5 of 6 Printed Name: ~_~ Printed Name: ATTEST: Dwight E, Brock, Clerk ~+.tes~ ~:, t,o C~trGazl'S s~gnla,t, ure only. Approved as to form and legal sufficiency: By: 16B' Johnson Enterprises, Ltd., a Pennsylvania Limited Partnership BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX- OFFICIO GOVERNING .BOARD OF THE COLLIER COUNTY WATER. SEWER DISTRICT Barb~ B.-I~er~,. Thomas C. Palmer Assistant County Attorney C ~Myf:~les~GOODSEVV~0arge - Sewer Agreement Draft 7 wpd Page 6 of 6 1 6C2'. CLAM PASS PARK CONCESSION AGREEMENT /. THIS CO_NCE. S,~ION AGREEMENT (herein called the "Agreement") madethis . ~ day of _.,~_?,~.~.../~'~ ,1998, between COLLIER COUNTY, a political subdivision, whose address;f~3301 East Tamiami Trail, Naples, Florida 34112 (hereinafter called the ("County") end THE ASSOCIATION OF UNIT OWNERS OF THE REGISTRY HOTEL AT PELICAN BAY, INC., a not-for-profit corporation, whose address is 501 Seagate Drive, Naples, Florida 34103 (hereinafter called the "Concessionaire"). WITNESSETH: WHEREAS, Ihe County is the record tille owner of lhe certain beachfront property located on the Gulf of Mexico in Collier County, Florida, in that subdivision known as Pelican Bay, which property is located in the Southwest one-quarter (SW 1/4) of Section 9 and the Southeast one-quarter (SE 1/4) of Section 8, Township 49 South, Range 25 East, and is bounded on the north by Clam Pass, on the west by the Gulf of Mexico, on the south by the section line of the aforesaid section of land and on the east by outer Clam Bay (said property hereinafter referred to as "Clam Pass Park," the "Park," or the "Premises"); and WHEREAS, the Concessionaire provided to the County funds to improve the Beach Facilities at Clam Pass Park pursuant to an Escrow Agreement of March 15, 1988; and WHEREAS, the completion of permanent utility installations makes possible an improvement of the restaurant building at the Park; WHEREAS, County and THE ASSOCIATION OF UNIT OWNERS OF THE REGISTRY HOTEL AT PELICAN BAY, INC., a Florida not-for-profit Corporation, entered into the Clam Pass Park Concession Agreement dated July 20, 1993, which Agreement is declared null and void and of no further force and effect as of the execution of this Agreement; WHEREAS, the County desires to grant a concession to Concessionaire for the operation of the Beachside Facilities and the Boardwalk of the Park ir~ conjunction with the County Public Parking Area at the Park which shall be operated and maintained by the County; and WHEREAS, the Concessionaire desires to secure and attain the rights and obligations of such concession operation for Clam Pass Park. NOW, THEREFORE, in consideration of the premises and the mutual covenants, conditions, and obligations herein contained, the parties agree as follows: The County hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the County, the exclusive right and obligation to operate the following described concession at Clam Pass Park, in conformance with the purposes, and for the period stated herein, subject to all the terms and conditions hereinafter set forth. 1. TERM. The term of this Agreement shall be for five (5) years commencing on ~'~,~.'.",,~, ,'/,~ and ending on ;~..L'.,./'~.-~ .~ ,.,~. This Agreement shall be automatically'extended for an additional five (5)-:year term upon the same terms and conditions contained herein (except 2(A) and (B) below, which will then be moot) unless either party provides written notice of its intention not to renew this Agreement on this basis at least OhO hundred eighty (180) days prior to the end of the initial term. If either party desires to extend this Agreement beyond the initial five (5)-year term upon different terms and conditions or to extend it beyond the additional five (5)-year extension, that party shall notify the other party at least one hundred eighty (180) days prior to the expiration of this Agreement (or the extension thereof) of the desired different terms and conditions or further extension period and the other party shall respond within thirty (30) days of receipt of such notification. Failure to respond shall be deemed a rejection of the offer to extend. 2. CONSIDERATION. As consideration based upon the respective and mutual obligations and performances required of the parties hereto, it is understood and agreed that: (A) The Concessionaire shall, at its expense, but not to exceed $100,000.00, renovate and improve kitchen facilities in the restaurant building in accordance with plans and specifications to be mutually agreed upon between the parties, including appropriate equipment for the kitchen. (B) The County shall, at its expense, renovate and expand the outside deck seating area adjacent to the existing restaurant building, in accordance with plans and specifications to be mutually agreed upon between the parties. This expansion will consist of the construction of an approximately 600 square-foot addition to the existing deck area, and will provide for a covered seating area on the outside deck to accommodate approximately 40 persons. (C) Concessionaire shall operate a tram service consisting of a number of electric power vehicles, with appropriate seating for beach goers, between the pubhc parking area, the Registry Resort and the Beach Facilities. A minimum of two (2) trams shall be operated at all times from May I thru October 31, and a minimum of three (3) trams shall be operated at all times from November 1 thru April 30. In no case shall the 2 lime between available trams at the public parking area exceed fifteen (15) minutes. The trams will be operated during periods when lhe Park is open and shall be of sufficient number Io provide convenient lransportation for the public and hotel guests. The first 0oint of passenger pick up shall alternate between the holel and lhe public parking area. The lram drivers shall be uniformed neatly and cleanly in uniforms provided by the Concessionaire The lram drivers shall wear insignia approved by Ihe Direclor of Parks and Recreation identifying lhem as representatives of the Collier County Parks and Recreation Department. The Concessionaire shall be responsible to lease or purchase, maintain, clean, charge and service the trams as required and subject to the County's recommendations. 3. BUSINESS OF CONCESSIONAIRE. The Concessionaire by and/orthrough FPH Management, Inc., its authorized agent, or other operator approved by the Director of Parks and Recreation, may conduct the following kinds of businesses and provide lhe following services, and only such businesses and services, at the locations as set forth below: (A) FOOD AND BEVERAGE SALES. The sale of food and beverages from permanent designated locations or mobile pushcarts in accordance with the provisions of this Agreement. (B) BEACH EQUIPMENT RENTALS AND SALES. The rental by hourlday of beach equipment such as chairs, cabanas, towels, umbrellas, rafts, or other equipment and flotation devices and the sale of beach sundries in accordance with the provisions of this Agreement. (C) WATER RECREATIONAL EQUIPMENT RENTALS. The rental or lease of special recreational equipment on the beach including, but not limited to, surfboards, windsailers, catamarans, in accordance with the provisions of Ihis Agreement. Any special recreational equipment or activity to be promoted, rented or sold by the Concessionaire is subject to Concessionaire's ability to acquire the required insurance and the approval of the Director of Parks and Recreation. The Concessionaire must have a motorized chase boat, in good running condition during all hours of operation which meets all U.S. Coast Guard safety requirements. (D) This Concession Agreement may be amended to authorize the Concessionaire to expand the services provided. , 4. FACILITIES. This Agreement shall control in the event of any direct conflict with the Beach Access Facilities Agreement of November 15, 1983, as amended. The County owns the parking lot, the gatehouse, the Boardwalk, and the Beach Facilities. The County shall operate and maintain, at its cost, the parking lot, the gatehouse, and the 3 .'1602 Boardwalk, and shall be responsible for repairs, maintenance and capital improvements at the Beach Facilities. The Concessionaire shall provide daily cleaning and upkeep at the Beach Facilities. The County shall establish and collect all fees and charges for use of all facilities owned and operated by the County. The County shall provide to the Concessionaire the use of the following facilities and space(s): (A) The "public area" located at Clam Pass-Park, Collier County, Florida, not including the County Public Parking Area. (B) The Boardwalk, Beachside Facilities, and the immediately adjacent beach front area, all on County-owned pror)erly, in accordance with lhe limitations of Section 3, hereof, and more particularly described as follows: (1) The Beachside Facilities building described as the restaurant building, as modified pursuant to sections 2(A) above, may be utilized by the Concessionaire for on-site food and beverage preparation, sale and dispensing. The deck area adjacent to the restaurant building may be utilized for customer service and dining. (2) The parties recognize that the Beachside Facilities building containing the public restrooms is for the use of the public and Concessionaire's personnel, and that ingress and egress to and use of the restroom building shall not be impeded or otherwise negatively affected by Concessionaire's activities on lhe Premises pursuant to this Agreement. (3) The parties recognize that the use of any building or structure by the Concessionaire is contingent upon such building or structure being permitted for such occupancy or use, and lhat it is m~tually underslood that the ability of the Concessionaire to use the facilities has been enhanced by completion of the permanent utility installations for the Beachside Facility. To the extent that lhe construction condition of the Beachside Facilities structures including utility services are incomplete and/or requisite permitting is outstanding, Concessionaire shall operate the Premises using the facilities only to the extent legally permissible and approved by the Director of Parks and Recreation. (4) The Concessionaire may utilize the thatched hut structure located on the dune walkover west from the Beachside Facilities for the rental of beach equipment and sale of non-food beach sundries to the extent legally permissible and approved by the Director of Parks and Recreation. (C) The Concessionaire, at its own expense, may provide a stand or other facility beside or underneath the dune walkover near lhe Beachside Facilities from which ,4 16C2 , to rent recreational equipment to the users of Clam Pass Park. (D) The Concessionaire is authorized to provide movable umbrella pushcarts for the sale of food and non-alcoholic beverages subject to the restrictions of Sections 3, 18 and 19, hereof. 5. MODIFICATIONS TO STRUCTURES AND IMPROVEMENTS. The Concessionaire accepts the facilities and space provided in this Agreement in their present condition, as modified pursuant to Sections 2(A) and 2(B) above, and is responsible for all interior modifications and maintenance, including entrance doors, windows and screens. Except as provided in Sections 2(A) and 2(B) above, the Concessionaire shall obtain the County's prior written consent for any alteration, additions or improvements to structural facilities and then pay and be liable for such modifications, which become County assets upon completion. Detailed plans for any substantial improvements shall be submitted to lhe County for approval. Except as provided in Section 2(B) above, the Concessionaire shall provide, install and maintain, at its own cost and expense, all equipment required to operate the concession, but shall have lhe right, upon approval by the Director of Parks and Recreation, to use the County equipment, furnishings, and fixtures that may presently exist on the Premises. 6. MAINTENANCE. The County agrees to provide the assigned facilities in their "as is" condition, as modified pursuant to Sections 2(A) and 2(B) above, and to perform necessary exterior maintenance on the facilities assigned to the Concessionaire as well as to maintain the below ground level connection lines for permanent water and sewer utilities. Exterior maintenance of the facilities does not include daily removal of litter of the public areas of the Park, such removal being the responsibility of the Concessionaire. 7. SPECIAL EVENTS. The Premises may be used during and after normal operating hours as further described below: (A) The County reserves the right to allow other concessionaire(s) to operate upon the Premises during special events during normal operating hours as set forth in Section 14 hereof, as may be approved by the Board of County Commissioners However, during the term of this Agreement, the Concessionaire shall be the only entity authorized to have access to and to use the kitchen and equipment located therein. The County shall be responsible to assure the proper and safe use of the Premises as well as the security of Concessionaire's operating equipment and all inventories when the Premises are used by other concessionaire(s) and the County shall promptly provide maintenance and repair of equipment or replacement of Concessionaire's operating equipment or inventory if such use damages or impairs any operating equipment or inventory or the septic or sewage 5 system or if any inventory is inappropriately consumed or destroyed. During authorized special events, the Concessionaire will be allowed to operate its normal daily complement of equipment and staff. "Normal" shall be defined as equipment and staff that the Concessionaire has available at the Premises on a normal day, 365 days per year. Such equipment shall not be increased or allered during special events without the prior express written permission of the Director of Parks and Recreation. (B) The County shall make the Premises available for groups to hold after-hours private events such as beach barbecues and similar functions. All groups, includin'g Concessionaire, desiring authorization to use the Premises after hours shall schedule such use with the Director of Parks and Recreation in advance, complete a Rental Permit Agreement form and pay a usage fee in the amount of $200 per hour to County for the use of the premises. This usage fee shall be subject to modification upon mulual agreement between County and Concessionaire. Payment of this fee to County shall qualify each group as an "authorized group." All authorized groups holding special private events at the Premises and desiring to provide tram transportation shall be required to use Concessionaire's trams, which shall be operated only by authorized Concessionaire employees, and such groups shall not be permitted to provide their own tram or other motorized transportation to and from the Premises. Members of authorized groups not using tram transportation shall be able to walk freely to and from the Premises on the boardwalk. Concessionaire shall charge authorized groups for providing tram transportation, including tram driver(s), at the rate of $25 per tram per hour and shall bill to and collect from each authorized group directly for such tram services. Concessionaire may adjust this per- tram, per-hour rate with the advance written approval of the Director of Parks and Recreation. Concessionaire may, at its sole option, waive any charge for lram services. All authorized groups shall furnish all food, beverages and other materials necessary for their functions, and shall leave the Premises in lhe same condition as that in which lhey found them, i.e., groups shall be responsible for all trash removal and disposal, cleanup of tables and seating areas, etc. No group holding an after-hours event shall be permitted to provide amplified music or steel-drum bands All groups shall be subject to all County noise ordinances and shall be responsible to ensure full compliance therewith. The Concessionaire shall be entitled to contract privately with any authorized group to provide catering or other services desired by the group; however, the Concessionaire shall not be obligated to provide any transportation or other services to groups that does not wish to contract for Concessionaire's services. The Concessionaire shall be the only entity authorized to operate trams upon lhe boardwalk between the County parking lot and the 6 · Premises and to have after-hours access to and use of the kitchen equipment in lhe restaurant facihty al the Concession. The public restrooms shall remain available to aulhorized groups holding after-hours functions at the Premises. The recreational rental equipment of Concessionaire at the Premises shall not be available or accessible to any authorized groups, unless arrangements for such use and access are made between the group(s) and Concessionaire. 8. USE OF THE BEACH IS PRIMARY. The Park is for the use of the public for recreation and other public purposes, and the Concessionaire's activity shall not infringe upon the public's right to such use, subject only to Section 7 above. The location of any equipment, carts or any other materials of the Concessionaire are subject to approval of the Parks and Recreation Department. However, this does not preclude the Concessionaire, upon obtaining prior written approval of the Director of Parks and Recreation, from scheduling promotional events, including events which might temporarily limit access to the Premises, or any portion thereof. 9. COUNTY CONTROLS BEACH. Nothing in this Agreement will preclude the County from using the public areas of the beach for public and/or civic purposes as deemed necessary; however, these areas of the beach may not be closed to other public use during normal hours of operation. 10. SERVICES AND DUTIES. The Concessionaire agrees that the operation and maintenance of the Park and concession stand(s) is to be handled by trained personnel, with emphasis on safety and maintaining the Beachside Facilities and immediately adjacent beach in a neat and orderly fashion. The Concessionaire hereby agrees to perform the following duties: all times. (A) Maintain lhe bathroom facilities in a clean and sanitary condition at (B) rental equipment. Qualify customers and give instructions on the operation of the various (C) Oversee the general use of the Boardwalk, Beachside Facilities, and the immediately adjacent beach, and shall report all misuse, damage and violations to the authorities and notify the Director of Parks and Recreation as appropriate. facilities. (D) Furnish all soap and other consumable supplies for the restroom (E) Collect, bag, and place the garbage in containers, and have the containers removed from the Premises. 7 (F) Remove trash daily and provide litter pickup for all trash and debris not in containers for the immediately adjacent beach, Beachside Facilities, Boardwalk and surrounding areas, excluding the County Public Parking Area. (G) (Reserved) (H) (Reserved) (I) Open and close the Park according to established Park hours, subject lo Section 7 above. 11. COUNTY PUBLIC PARKING AREA. Any maintenance or supervision of the County Public Parking Area shall be the sole responsibility of County. Concessionaire shall have no duties whatsoever with respect to the County Public Parking Area, and shall incur no expenses or liability with respect thereto. The Concessionaire will ensure that no employees will park cars in the public lot during Iheir working hours, unless previously approved in writing by the Director of Parks and Recreation. 12. NO DISCRIMINATION. The Concessionaire agrees that there shall be no discrimination as to race, sex, color, creed or national origin in its operations under this Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the Premises. All facilities located on the Premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 13. ORDERLY OPERATION, ETC. The Concessionaire shall at all times have a neat and orderly operation and shall maintain all necessary housekeeping services for the Premises. There shall be no living quarters nor shall anyone be permitted to live on lhe Premises. 14. HOURS OF OPERATION. Concessionaire shall open the concession stand(s) not later than 9:00 a.m. and close not earlier than 6:00 p.m., seven (7) days a week, unless otherwise agreed with the Director of Parks and Recreation. The Concessionaire also agrees to open and close the public Park from dawn to dusk unless specifically authorized in writing by the Director of Parks and Recreation to do otherwise or the Premises are in use in accordance with Section 7 above. During inclement weather, the Concessionaire shall use its own best judgment regarding cldsing the concession. County shall have the right to request Concessionaire to extend its normal operating hours to accommodate County-sponsored events for up to 15 hours of such extended operations per year, at no cost to County. Concessionaire reserves the right, for any extended operations beyond 15 hours per year, to require a written guarantee from County of revenues to be generated during such extended hours, in amount(s) to be mutually agreed 8 upon by the parties. 15. PRICES. All prices must be visibly displayed to concessionaire's customers, and must be approved in writing by the Director of Parks and Recreation. The Concessionaire shall rent or sell only those items approved in writing by the County. 16. SIGNAGE. Concessionaire shall, at its sole cost, provide and remove signs at all public approaches to its concessions. All advertising, signage and posting shall be approved in writing by the Director of Parks and Recreation. 17. VEHICLES IN PARK. Vehicles, other than authorized pedestrian trams, emergency vehicles and authorized construction vehicles, are only allowed in areas where roadways are provided and vehicles will park only in areas designated for vehicle parking, The Concessionaire shall have the right to use vehicles on the beach only to load and unload equipment and supplies, and for septic tank maintenance and cleaning. 18. CONTAINERS/BIODEGRADABLE. The sale or dispensing of beverages in bottles is not permitted nor shall bottles or grass containers be permitted in the Park. Beverages may be sold or dispensed in cans, plastic or paper cups, although biodegradable containers are most desirable from a County standpoint. The dispensing and use of straws is also prohibited. 19. STORAGE. Concessionaire agrees that there will be no overnight storage of any kind west of the Beachside Facilities, unless a special exception is issued by lhe County. 20. NO DANGEROUS MATERIALS. The Concessionaire shall not use or permit in the Boardwalk, Beachside Facilities or Park the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind, or any substance or articles prohibited in the standard policies of fire insurance companies doing business in the State of Florida. 21. CONCESSIONAIRE NOT TO REMOVE PROPERTY. The Concessionaire agrees not to remove any personal property brought into the Park for lhe purpose of this Agreement, except such items as may be reasonably necessary for Concessionaire to meet requirements of: (a) seasonal demands; (b) special events conducted by Concessionaire; and (c) the repair or replacement of property. In any event the County shall be notified of any potential removal of property that may affect the style, amount or quality of service or accommodations at the Park. The parties recognize that Concessionaire's service requirements under this Agreement shall not be limited or reduced by the removal of its property. Provided Concessionaire satisfies its obligations under this Agreement, it shall, within fifteen (15) days after expiration of this Agreement, remove its personal property and equipment from the Premises, provided such removal 9 1602"" can be accomplished without damaging the Premises. Should Concessionaire fail to remove such personal property and equipment, the County may cause the same to be removed and stored at the cost and expense of the Concessionaire, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and may sell such personal property and reimburse itself for such cost and expense, including the expense of the sale. 22. SECURITY. The Concessionaire shall provide any security measures which may be required to protect the Beach Facilities, and its equipment, and materials. Such security measures may not violate local or state law or other restrictions of this Agreement. 23. NO LIENS. Concessionaire agrees that it will not suffer, or through its actions or those actions of anyone under its conlrol, or supervision, cause to be filed upon the Park any lien or encumbrance. In Ihe event any lien is filed, Concessionaire agrees to cause such lien to be discharged within ten (10) days of receiving written notice from the County. 24. INSPECTION. The Concessionaire agrees that the concession facilities and Premises may be inspected at any time by authorized representatives of lhe County Administrator or by any other state, county, or agency official having responsibilities for inspections of such operations. The Concessionaire agrees to immediately undertake the correction of any deficiency cited by such inspectors. 25. RECORDS AUDIT. The Concessionaire agrees to establish and maintain such records as may be prescribed by the County to provide evidence lhat all terms of this Agreement have been and are being observed. The Concessionaire grants to the County the right and authority to audit all records and documents pertaining to the concession operation. Such audit will be conducted at locations and at a frequency determined by the County and communicaled to the Concessionaire. The Concessionaire agrees to provide materials for the audit at the designated place within three (3) business days after the County's notice is received. 26. ENFORCEMENT. The parties agree that the County shall have a continuing lien on such personal property or trade fixtures of the Concessionaire located at the Clam Pass Park, said lien against such personal property or trade fixtures for the sums which may, from time to time, become due and unpaid to the County under this Agreement. Upon default of any required payment(s) by the Concessionaire, the County shall have the right to take possession of and retain concessionaire's personal property and/or trade fixtures to the extent of the herein described lien value until the full amount shall be paid, or to sell the same at public auction, and after deducting the expenses of. sale and reasonable attorney's fees apply the balance of the proceeds to such payment, and if there should be any deficiency to resod to any other legal remedy available to the County. Simultaneously with the execution of this Agreement the Concessionaire will 10 16C2"" furnish the County with two (2) complete UCC-1 Statements, Io cover such personal property or rental equipment at Clam Pass Park in an amount equal to the County's lien under this Agreement, one to be filed locally and one to be filed in Tatlahassee. The UCC- 1 Statement shall evidence the County's secured status for the performance of the concessionaire's obligations. Any change or amendment to the UCC-1 Statement(s) indicating different property of Concessionaire to secure County's lien hereunder shall require a written amendment duly executed by the parties. In the event of any willful violation of this Agreement by the Concessionaire, or if the County or its authorized representative shall deem any conduct on the part of the Concessionaire to be noted on the Concessionaire Inspection Report, the County shall have the right to suspend the operation of the concession should the Concessionaire fail to correct any such violation, conduct, or practice to the satisfaction of the County. The Concessionaire shall not commence operation during such suspension until the violation has been corrected to the satisfaction of the County. 27. PERFORMANCE BOND. Upon executing this Agreement, Concessionaire shall post wilh the County a performance bond in the amount of FIFTEEN THOUSAND ($15,000.00) DOLLARS. (Best's Guide rating orA- or above). The performance bond shall be issued by a surety company authorized to do business in the State of Florida, and shall be released at the termination of this Agreement, provided Concessionaire has satisfied its obligations under this Agreement. 28. INSURANCE. (A) Concessionaire's responsibilities: Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida, and shall file evidence of such insurance with the Collier County Parks and Recreation Department: 11 INSURANCE (1) Worker's Compensation LIMITS Statutory limits of the State of Florida and Employer's Liability in an amount not less than $100,000.00 (2) General Liability Premises Operations (M&C or OL&T are required) Included; Products and Completed Operations Included; Independent Contractors (O.C.P.) Included; Supervision Exclusion Deleted; Personal Injury Liability Bodily Injury & Property Damage $1,000,000.00 Single Limit Bodily Injury & Property Damage Combined Each occurrence (3) Contractual Indemnity/ Hold Harmless Endorsement $1,000,000 Single Limit Bodily Injury & Property Damage Combined Each Occurrence (4) Thirty (30) Days Cancellation Notice Required. (5) Collier County Board of Commissioners named as "additional insured". (6) The Insurance Certificate must state the Bid Number and Title. (B) County Responsibilities: (1) the County shall maintain the same kinds of insurance with the same kinds of coverages on County-owned Facilities provided for in this Agreement as the County maintains on all other County-owned real and personal properly. (2) In the event that the County does not maintain such insurance on all County-owned personal and real property and funds are not available for repair or replacement of Facilities provided for herein, nothing contained in this Agreement shall be construed as imposing on the County the obligation to repair or repla'ce the County-owned Facilities provided for herein. Should the Premises, during the Term of this Agreement, then become inoperable or if any required operating permit be revoked as a result of any failure of County to repair or replace any County-owned Facilities, Concessionaire shall have the option, with the prior written approval of the Director of parks and Recreation, of providing such repair or replacement at its own expense and to seek to obtain 12 L I II ....................... IIII I Ill II I 16C2-,, reimbursement from County for any costs thereby incurred. 29. INDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold harmless the County and its officers, employees and agents from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this Agreement and/or the performance thereof. 30. PERMITS; LICENSES; TAXES. The Concessionaire and the County agree to cooperate and to obtain all required governmental permits and licenses necessary for conducting business, and Concessionaire shall pay for all permits obtained. The Concessionaire agrees to comply with all laws governing the responsibility of an employer with respect lo persons employed by the Concessionaire. The Concessionaire shall be solely responsible for payment of any and all faxes levied on the concession operation. In addition, the Concessionaire shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. 31. UTILITIES. The Concessionaire agrees to pay for all public utilities provided to the Beachside Facilities and used within the concession operation, including but not limited to: electric, potable water, sewer, and telephone. The Concessionaire shall, at its own cost, provide any propane gas or other fuels needed for its equipment and operation at the Park under this Agreement. The Concessionaire shall provide any communication system required for its business operation, and such equipment shall not interfere with any public telephone installation within the Park. 32. MONTHLY REPORT. A monthly report of activities, in a form developed by lhe Concessionaire and approved by lhe Director of Parks and Recreation, shall be submitted to the Director of Parks and Recreation by the 15th of each month. 33. DEFAULT AND TERMINATION. If either party fails to comply with any of the terms and conditions hereof, and such non-compliance is not cured within thirty (30) days after written notice is given to the non-complying party, the non-offending party may terminate this Agreement. Should County, under the terms of this Agreement, be entitled to declare Concessionaire in default and terminate this Agreement, then the County may revoke the privilege of the Concessionaire to enter the Premises for the purposes for which this concession was granted, and the County may oust all parties present upon the Premises attempting to exercise any of the rights so revoked. Continued occupancy of the facility by Concessionaire after termination of this Agreement shall constitute trespass, and 13 1 6¢2 may be prosecuted as such. In addition, the Concessionaire shall pay to the County ONE HUNDRED ($100.00) DOLLARS per day as liquidated damages for such Irespass and holding over. 34. ADMINISTRATION. This Agreement shall be administered on behalf of the County by the County Administrator or designee. 35. NOTICES. All notices from the County to the Concessionaire shall be deemed duly served if hand delivered or mailed by registered or certified mail to: THE ASSOCIATION OF UNIT OWNERS OF THE REGISTRY HOTEL AT PELICAN BAY, INC. 501 Seagate Drive Naples, Florida 34103 Ali notices from the Concessionaire to the County shall be deemed duly served if hand delivered or mailed by registered or certified mail to: COLLIER COUNTY c/o Public Services Administrator Building H Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 With copy To: Director of Parks and Recreation Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 The Concessionaire and the County may change the above mmling addresses at any time upon giving the other party written notification. All notices under this concession Agreement must be in writing. 36. NOT A LEASE. It is expressly agreed that no part, parcel, building, structure, equipment, or space is leased to the Concessionaire, subject only to the provisions of Section 7(B) hereof, and that there is no lessor/lessee relationship between the parties. Concessionaire's right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this Concession Agreement. 14 I II 37. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a padnership between the County and the Concessionaire or, except as provided in Section 2(B) hereof, to constitute the Concessionaire as an agent of the county. 38. ASSIGNMENT. The Concessionaire may not assign this Agreement or any part thereof, without prior written approval of the Board of County Commissioners, which approval shall not be unreasonably withheld. This Agreement shall be binding upon and shall inure to lhe benefit of the respective successors and assigns of the parties hereto, if any 39. COOPERATION. The Concessionaire agrees to cooperate with the County in conducting surveys and to provide reports of visitor usage of concession services. Where this Agreement provides for the County to provide a response or perform an act upon concessionaire's request, the County shall promptly respond or act upon such request, and shall not unreasonably withhold its consent where County's consent is required. Any right, power, privilege or obligation allocated to the County Administrator under this Agreement, may also be performed by County Administrator's designee. Further, the County agrees to provide the Concessionaire with advance notice of any special event and to coordinate with the Concessionaire regarding same. County also agrees to provide Concessionaire with notice of the availability of plans for any remodeling of the Beachside Facilities or the Boardwalk. 40. FORCE MAJEURE. In the event of major storm, red tides, hurricanes or other such occurrences, the County shall remove or cause to be removed any and all debris from Clam Pass Park and associated County facilities when deemed feasible by lhe County. 41. ATTORNEYS' FEES. In the event it becomes necessary for either party to litigate in order to enforce its rights under the terms of this Agreement, then the prevailing party shall be entitled to reimbursement from lhe other party of its costs and reasonable attorneys' fees, including those incurred during appellate proceedings. 42. WAIVER. No waiver or breach of any covenant or condition of this Agreement shall be taken to constitute a wavier of any subsequent breach of such covenant or condition nor to justify or authorize the non-observance on any other occasion of the same or any other covenant or condition hereof, nor shall the inaction of County at any time when Concessionaire is in default hereof be construed, as a waiver of such default or of County's right to terminate this Agreement due to such default, nor shall any waiver of indulgence granted by County to Concessionaire be taken as an estoppel against County. 43. WAIVER OF LOSS FROM HAZARDS. The Concessionaire hereby expressly 15 waives all claims against the County for loss or damage sustained by the Concessionaire from or by the public, or from lhe Registry Resort, its guests and patrons. 44. CONFLICT AND SEVERABILITY. The padies agree that in case any one or more of the provisions contained in this Agreement shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provisions thereof, and said Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 45. ENTIRE UNDERSTANDING, This Concession Agreement contains the final and entire understanding and agreement between the parties hereto, and supersedes any prior concession agreement or extensions thereof between such parties or any term, statement, representation, warranty or condition, oral or written, not contained in this Agreement. However, the Beach Access Facilities Agreement of November 15, 1983 shall not be affected by this Agreement except as expressly provided herein. Any modification of this Agreement must be in writing and signed by bolh parties. 46. FLORIDA LAWS. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Concessionaire must be registered to conduct business in the State of Florida and be able to furnish satisfactory proof of such registration. 47. COMPONENT PARTS. This Agreement consists of the following component parts attached hereto, each component being a part of this Agreement as if herein set out verbatim: (A) Insurance Certificate(s); and (8) Bond. 16 IN WITNESS WHEREOF, the Concessionaire and County, have each, by an authorized person or agent, executed this Clam Pass Park Concession Agreement on the date and year first above written, in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original Agreement. ATTEST: 'DWIGHT ~'. BROCK, CLERK s'.~gnatuee Signed, sealed and delivered BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA T~RB/~Fb~'B. BE~RRY, ~-I~AN (Corporate Seal) THEASSOCIATION OF UNIT OVVNERS OF THE REGISTRY HOTEL AT PELICAN BAY, INC. G,K, RY¥ CHENSOFF, VrCE PRESIDENT Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney 17 16G 1 BOARD OF COUNTY COMMISSIONERS MISCEt,LANEOUS CORRESPONDENCE APRIl. 14. 1998 .FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. Districts: Collier Soil & Water Conservation District - minutes and agenda for February ! 8. 1998. I3, Ri,,iera Oold Estates ! Iomeowners Association, Inc. - Notice of Annual meeting and Election of Directors. February 24, 1998. Co Naples tteritage Community Development District - minutes & agenda for SeFtember 22, 1997, October 27, 1997, November 24, 1997, December 3.1997 and Engineer's Report - Revised: December, 1997. D° Collier Soil & Water Conservation - 1998 Budget & schedule of regular meetings for 1998. E° South Florida Water Management District - 1997 schedule of meetings: agendas of November 12 & December 9, 10 1997. January 14, 1998. February l l, 1998 workshops: Comprehensive Annual Financial Report & Management l,etter for fiscal year ended September 30. 1997: list of the District's scheduled Governing Board Meetings: a map of the district which shows all county boundaries with the district: Public Facilities Report update: Governing Board Meeting minutes for October 8.9. 1997. November 12. ! 3.1997, December 9. ! 0, 11. i 997. January 14. i 5.1998. February 12. 1998 and agendas for November 13, 1997, December I 1, 1997 and January 15, 1998. Collier County Housing Authority - Annual Financial Report for 1996; Audit Report for ! 996; Budget for 1998; Registered Office & Agent; schedule of regular meetings for ! 998; Public Facilities Report and Outstanding Bonds. Go Port of the Islands Community - minutes for August 2 !, October 16, November 20. December 18. 1997. January 16. 1998. and notice ofmeeting for October 16. 1997. February 19 and March 19, 1998. No._/ · ,L.-- APR 1 ,.198 RECEiVEi 6G 1." Collier Soil and Water Conservation District _ . Agriculture Center, 14700 lmmokalee Road. Naples,~l~.a ~l~9t~l,Ll~4~lrl t ~ ~: ;,m.., ;.~,...~, ;< Phone (941) 455.4100. FAX (941) 455-2693 AGENDA BOARD OF SUPERVISORS February 18, 1998 2. 3. 4. Call to order Roll call Disposition of minutes 1/20/98 Reports a. Financial Report b. D. C. Report c. MIL Report Old Business a. Request to extend Coastal Engineering contract through March b. BMP's for small farms c. Judges for contests d. Report on NACD meeting 6. New Business a. TMDL's (Total Maximum Daily Loadings) Review b. Stormceptor Seminar and Stormwater Grant Application c. Goodyear/NACD Conservation Awards e. EIS letter d. District Newsletter Other Business Next meeting date Adjournment CONSERVATION - DEVELOPMENT . SEt. F-GOVERNMENT Collier Soil and Water Consem'ation District Board of Supervi.~rs Regular Business Meeting Februar7 18. 1998 Supcn'isors prcscnt: Supervisors absent. Staff present: Others present: Robert M. Griffin. Chair Laurie L. Mitchcll, Vice-Chair Sean P. Morton. SccrctaD'/Treasurcr Norman Whitno' GrcgoD' Zak Karen Toner. Administrative Assistant Anthony Polizos. Natural Rcsources Conservation Service (NRCS) Thc meeting s~as called to ordcr ~' Robert Griffin (Rob) at 4:07 p.m. at thc Goldcn Gate Community Ccnlcr Thc roll uas called. Scan Morton moved to accept thc minutes of thc prex'ious mccting. Laurie Mitchell seconck:d Ihc motion and thc motion was passed. Scan gavc thc financial report A discussion arose rcgarding thc soil sun.o's. Scan movcd to charge $1I) for .qfippmg and handling L~unc sccondcd thc motion and Ihc motion svus passed Anthon.v Polizos (Tony) gave lhc District Conscrrationist rcporl and noted thc ncw formal, which is computer gcncrated Tony gavc thc Mob, lc Irrigation Lab (MIL) rcporl. Rob raised thc possibility of going back to thc County for funds and noted that thc DC and MIL rcports would bc helpful in backing any rcqucsts for funds. Under old business ss'as a request from Coastal Engineering Consultants to cxtcnd thc contract. Tons' gave a report as provided to him by Rick Ewing, noting that thc project was a lot largcr than originailv anticipated. Laurie moved to approve thc extension through March 31. 199R Rob scconded thc moti~)n and thc motion svas passed, with Se. an abstaining from thc vote. Next on thc agenda was BMP's for small farms. Rob noted that Wayne Arnold had left his position in thc county and thai Bob Mulhere is lhe interim replacement. Ton.',' notec~ that Ihe comprehensive plan had just been completed and thai it is rex'ised every 5 years and agreed with Rob's suggestion to have Bob Mulhere al thc ncxl meeting :md have him map oul the strategies on how to pursue rex'isions regarding small farms. Rob ach'ised he svould invite Bob Mulhcre to the nexl or subsequent meeting. Next for considcration svas judges for thc contests, and sex'cml namcs wcre suggested. In a related matter. Laurie moved to approve Ihe news release as provided ~' National Association of Conserx'ation Districts (NACD) regarding Soil & Water Stexvardship week and tie it in with the speech and poster contests. Scan seconded the motion and the motion was passed. Laurie moved to purchase $0 NACD posters with Ihe District's name imprinted, and 20 instructor's manuals ~ $.95 for the schools with more being considered at a later date if necessary. Scan seconded the motion and the motion was passed. Laurie gave a report on the NACD meeting she attended in Nashville. Among other topics, she reported on thc TMDL issue addressed by Davc Vogel of thc Flodda Department of Agriculture and Consumer Services, and sediment and pollution information, and how, as a follow-up, she has talked with Pollution Control and John Boldt of thc County Stormwater Management DepartmcnL She pointed out that when the District listed the impaired x~ter bodies as it did for the state, she felt it important to seek resolutions and to get more information. She reported that John Boldt had agreed to give a talk at a seminar for the District and that she felt that thc city should get involved, and that she had talked with Dr. Jori Staiger of the City of Naples. and suggested partnering with the Naples Bay Project Committee to get grants for the Gordon Rivcr. She stated that in addition to information to be provided I~, Mr. Bold{ at thc mc'cling shc would like to have information presented ~' thc city and also have an cxplanation on how thc unils of govcrnmcnt arc panncring, including thc South Florida Water Managcmcnl Dislrict. She suggesled having the representative from Stormccptors speak ncxl aboul sediment, no[ as .~ sales pitch, but rather as a workshop with qucslions and answcrs Shc advised thai she had reserved March 5. 1998. at lhc Naples City Hall Council chambers at 2:00. She reported she had learned fha! Stormccptors arc taking Ihc placc of many sand fillers, and can handle spills. Rob qucslioned thc nature of the Stormccptor company and questioned recommending a particular company or produc! and Lauric stated the bclicf that il was a presentation o£information, not an cndorscmcnt, and that lhere are other companies as x~x:ll. Scan adviscd of anmher company in addition to I.he three mentioned, in Winter Park, which uses alum for treatment of s'torm~x~atcr. Tony expressed that thc projcc~ was a vcD' viable one. Laurie felt thal. Ih¢ Board should furnish rcfreshmcnts for the seminar. Scan movcd to proceed s~ith thc seminar and to provide refreshments, not to cxcced $80. Laurie scconded thc motion and d~c motion was passed. Next on the agenda was thc Good).'car NACD Conservation Awards. It was notcd that thc annual plan and thc annual rcporl arc required as ix~rl of Iht applicalion and ~ would need to be donc by March 3 I. thc dcadlinc for thc Goodycar aw, rd application. Thc Ioc~l distributor should be contaclcd ~nd Karcn was asked to send a lc~tcr advising Ihal thc Districl will be participating in lhc program. Scan movcd Io submit thc application: L~unc seconded Iht motion and Iht motion was l~sscd Next on thc agenda was Ibc newsletter, and thc item was tabled until a future meeting. Thc letter to thc U.S. Army Corps of Engineers was discussed. Scan moved to send thc Ictter as wriltcn: Laurie seconded thc motion and thc motion was passed. Rob called for a motion lo adjourn thc meeting. Scan so moved. Laurie seconded, and thc meeting was adjourned at .~:51 p.m. COLLIER SOIL & WATER CONSERVATION DISTRICT Financial Report 1/1/98 - 1/31/98 BeGinning Balance ~xDenditures Salaries Employee taxes Other taxes Dues Office supplies Other supplies Postage Printing & Advertising Professional fees Travel & Meetings Awards Sales tax remitted Cellular phone expense Bank service charge SGGE Survey Contract (Coastal) Total Expenditures $73,041.66 4,189.20 320.49 113.21 600.00 79.83 65.34 50.00 10.30 175.00 1,219.45 95.83 31.20 10.25 .30 4,477.50 11,437.90 Interim Soil Surveys Plat Directories Sales tax Barnett Checking account interest Total Receipts 60.00 35.00 5.70 43.58 144.28 Ending balance as of 1/31/98 ~61,748.04 U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE Naples Field Office (941)455-4100 Page 1 of 5 02/18/1998 CUSTOM CRITERIA COVER Report Name: DC Report for CSWCD Business Meeting Date Range: 10/01/1997 to 02/18/1998 Report Type: Detail Subtitle: Report Selections: Businesses Applying Practices Practices Applied Technical Contacts With Clients Walk-in Clients Selection Criteria Identified: Sort Sequence Identified: U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE Naples Field Office (941)455-4100 Page 2 of 5 02/18/1998 BUSINESSES APPLYING PRACTICES DETAIL REPORT 10/01/1997 to 02/18/1998 Business Name Brian Paul, Inc. Circle M Farms Conlan Carter D & D Grove Gargiullo Farms Pacific Land Co.-Vegetables(Dr Piper Ranch SILVER STRAND II - NORTH GROVE Silver Strand III Topiary Creations WILLIAM A. WRIGHT Business ID bpi001 cmf001 car002 d&d001 GCF011 PLC007 pip001 sst001 sst003 eqip9701 lta001 Number U.~. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE Naples Field Office (941)455-4100 PRACTICES APPLIED DETAIL REPORT 10/01/1997 to 02/18/1998 Page 3 of 5 02/18/1998 Practice Code/Name 340 COVER AND GREEN MANURE CROP (340 382 FENCE (382) 430DD IRRIGATION WATER CONVEYANCE, HIG 449 IRRIGATION WATER MANAGEMENT (449 510 528 556 608 642 644 645 754 Pasture and hayland management Proper grazing use Planned grazing systems (556) SURFACE DRAINAGE, MAIN OR LATERA WELL (642) WILDLIFE WETLAND HABITAT MANAGEM WILDLIFE UPLAND HABITAT MANAGEME Irrigation System, Subirrigation Number of Practices 14 3 1 33 15 9 16 1 1 9 3 1 Applied Units 1,759.0 299,700.0 300.0 2,858.0 1,201.0 1,284 0 2,485 0 57,220 0 1 0 1,276 0 324 5 90 0 Unit ac. ft. ft. ac. acre acre acre ft. no. ac. ac. Ac. U.~. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE Naples Field Office (941) 455-4100 Pag. e 4 of 5 02/18/1998 TECHNICAL CONTACTS WITH CLIENTS DETAIL REPORT 10/01/1997 to 02/18/1998 Client Name Augello, Richard BETHEA, R. A. Beardsley, Gary Beauchamps, Joe Betancourt, Homer Bethea, Bill Bethea, Bill Brown, Shirley Carroll, Patricia Carter, Conlan Cecil, Bill DoerflinGer, Lloyd Doerr, Vince Durrance, Dan ENGLISH, ED Fallis, Jerry Fiori, Tony FlanaGan, Jim Flowers, Bill Fowler, Doug Garland, Cedell HaGan, Richard Harloff, David Hill, Bill Hoffman, John III, Silver Strand Inyard, Carol Johnson, Ina Krakowski, Jim Lindblad, Ellen McDivit, Bill Morton, Sean Osment, William Paul, Jack Pensabene, David Pittelli, Diane Reese, Scott Simpson, A. Glenn Somoza, A1 Spafford, Ed Tappas, Gus WILLIAMS, JAMES E. JR. WRIGHT, WILLIAM ANDY Wilke, Adam Williams, Chet No. of TA Contacts 4 1 1 3 1 1 8 1 1 1 3 3 2 1 1 1 1 3 3 1 1 1 2 1 2 1 3 2 1 1 3 1 1 2 2 4 3 1 1 1 3 1 1 3 3 U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE Naples Field Office (941)455-4100 WALK-IN CLIENTS DETAIL REPORT 10/01/1997 to 02/18/1998 Page 5 of 5 02/18/1998 Walk-in Name Number Armalavage & Assoc. Banks Eng. Bentley Bill Burkhardt Brad Clark Chris Middlebrook Dean Huff Dick Hartwell Drainfield Services Forestry Resources Gary Beardsley Gary Butler Geza Wass de Czege Ginger Allen Glades Crop Care Gulf Realty Harry Tetter Ian Butler Jeff Moore Jerry Kuehn Joe Cidle Justin Byrd Keith Stannard Kristina Grant L. Swanson & Assoc M. Morgan Mark Ballard Mark Clark Markin Homes Martin Armstrong. Miller Legg Mr. Aurill Neno Spagna Park Lewis Pat Carroll Putnam Eng. Pyuper Eng. RWA inc. Reynolds , Smith Rich Anthony Ron Maggard Scheda Ecol. Stan Cromer Tayler 19 Todd Nolf Todd Turrell Turrell & Associates William Brammell Wilson Miller Hrs. Spent 1.0 1.0 1.0 2.0 1.0 1.0 1.0 2.0 1.0 1.0 5.0 1.0 1.0 1.0 1.0 1.0 1.0 3.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 ~.0 U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE Naples Field Office (941)455-4100 Pa~e 1 of 1 Feb 18, 1998 WALK- IN TALLY 10/01/97 - 02/18/98 Reason Business Individual Govt Other Co~-~ Engineers 0 20 0 0 Misc. Pond information Soils information Total Total Walk-ins Hours 20 20.0 0 1 0 0 1 1.0 0 1 0 0 1 1.0 16 18 0 0 34 35.0 Lower West Coast Mobile Irrigation Lab Progress Accomplishments - January - February 1998 During January and February 1998, 21 Mobile Irrigation Lab (MIL) evaluations were completed, 14 of which were Agricultural, and 7 were Urban. Agricultural evaluations consisted of citrus crops in Hendry county. These Agricultural evaluations covered approximately 855 acres of irrigated land. The Urban evaluations were all single family residences in Naples and Bonita Springs. All of the Urban evaluations were generated by the article in the Naples Daily News and referrals by neighbors. The MIL staff attended the Civil Rights Training session held by NRCS at Univ. of FL. IFAS in Immokalee. The MIL team also participated in a demonstration of citriculture in southwest Florida held at the Silver Strand North Grove. The demonstration was attended by a tour group of 30 farmers from North Carolina. Grove personnel discussed grove development, management, and harvest, and the MIL discussed trickle irrigation of citrus and the MIL irrigation system evaluation procedure. The MIL expects to continue completing scheduled evaluations for both Urban and Agricultural systems during the rest of February and March 1998, which will allow us to continue to meet our contract goals for FY 98. MEMORANDUM Misc. Correspondence Agenda Date__ Agenda Item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager ~/~/, / Clerk of the Circuit Court/Finance Department ~/Jfl j /- . March 20, 1998 Miscellaneous Correspondence - BCC Agenda I am uncertain as how to handle Homeowner's Association correspondence with respect to Florida Statutes, Chapter 186. Pleas advise. Thank You. Misc. Corres: t¢i Copies To: · ' NOTICE OF ANNUAL MEETING AND ELECTION OF DIRECTORS RIVIERA GOLF ESTATES HOMEOWNERS ASSOCIATION, INC. TO ALL MEMBERS: On February 24, 1998 at 7:00 PM in the Main Room of the Club House, Riviera Golf Estates Homeowners Association, Inc., 425 Charlemagne Boulevard, Naples, Florida, the Annual Meeting of the Association will be held for the purpose of electing Directors and such other business as may lawfully be conducted. An identification of agenda items is as follows: 1. Introduction o.fCandidates 2. Call for any additional nominations from the floor 3. Collection of Uncast Ballots 4. Appointment of Inspectors of Elections 5. Election of'Directors 6. Certifying Quorum - CMl to Order 7. Proof of Due Notice of Meeting 8. Reading and Disposal of Unapproved Mim:tes 9. New Business (a) Vote on Rollover of Excess Association Funds (b) Vote on Proposed Amendment 10. Adjournment NOTE: An organizational meeting of the Board of Directors will be held immediately upon the adjournment of the Annual Meeting for the purpose of electing officers. The agenda for this organizational meeting will be posted in advance of the meeting, in accordance with Florida law. 255 of all Association members (a "quorum") must be present, in person or by proxy, at the meeting, in order for the business to be conducted. It is VERY 13IPORTANT that you either attend the Meeting or provide a limited proxy in order to conduct business other than the election of Directors. Enclosed with this Notice is a ballot for the election of Directors as well as Information Sheets, prepared by the candidates for the Board who have elected to submit same, who are solely responsible for the contents of their Statements. The Association is transmitting this information in accordance with the requirements of Florida Law; however, the Association is not in a position to verify the accuracy of the information or statements contained therein and disclaims any responsibility for the information contained within the Information Statements. Instructions for Marking and Returning Ballot for Directors I. The enclosed ballot lists all candidates who are qualified to run for the Board. There will be three (3) Directors elected. Please vote for no more than three (3) candidates by marking the ballot with an "X" in the box next to the candidate's name. There are empty lines under the three candidates names to insert a write-in vote, if that person has agreed to accept the position if he is elected. 2. The ballot must be placed and sealed in the ballot envelope. The ballot envelope must then be placed and sealed in the outer envelope addressed to the Association. If you are entitled to cast more than one ballot, you must use separate ballot envelopes, which can then be placed in the outer envelope. DO NOT PLACE THE BALLOT ENVELOPE IN THE ENVELOPE ATTACHED TO THE LIMITED PROXY. Candidates may also be nominated from the floor at the annual meeting. 16G.'I 3..' You must complete the unit information on the outside of the outer envelope addressed to the Association, and have all owners of the unit or the designated voter sign their/his/her name, otherwise your ballot will be invalid. 4. The ballot must be received by the Association no later than the commencement of the Annual Meeting, however, you are urged to return your ballot by February 20, 1998, to avoid delay at the Annual Meeting. Voting by Proxy If you are unable to attend the Annual Meeting and wish to vote by proxy, please note the following information about proxies: 1. A proxy is for the purpose of appointing another person to vote for you as you specifically direct (except for non-substantive items) in the event that you might not be able to attend the meeting. It must be signed by all owners of the unit or the designated voter. Please note that you cannot vote for Directors by proxy_. Ifyou intend to vote for Directors and do not attend the Annual Meeting, you must vote by use of the enclosed Election Ballot. 2. The proxy should be submitted prior to the scheduled time of the meeting. It can be mailed to the Association in the enclosed return envelope, or it can be hand-delivered, either by you or your proxy, to the offices of Riviera Golf Estates Homeowners Association, 425 Charlemagne Boulevard, Naples, Florida. It is encouraged that the proxy be submitted as long before the meeting as possible, in order to avoid delay in registration. 3. If you appoint a proxy and later decide that you will be able to attend the meeting in person, you may withdraw your proxy when you register at the meeting. 4. A proxy may be revoked in writing or superseded by a later proxy to another person. It may also be assigned (substituted) by the person designated on the proxy to a third person, if the person you designate as proxy is unable to attend the meeting. 5. A proxy form is enclosed with this notice for your use, ifneeded. Again, please be sure to mail in your proxy or attend the Annual Meeting. Do no use these envelopes for assessment payments. Dated: January 28, 1998 rder of the Board of Directors anager RGE~mW~otELd~ LIMITED PROXY The undersigned owner(s) or the designated voter of lot number ~ in Riviera Golf Estates Homeowners Association, Inc., appoints: (Check one) (a) Libby Hanson, Secretary of the Association, on behalf of the Board of Directors, or Co) (if you check "b", write in the name of your proxy.) as my proxyholder* to attend the Annual Meeting of Riviera Golf Estates Homeowners Association, Inc., to be held February 24, 1998 at 7:00 PM in the Main Room of the Club House, Riviera Golf Estates Homeowners Association, Inc.. 425 Charlemagne Boulevard, Naples, Florida. The proxyholder named above has the authority to vote and act for me to the same extent that I would if personally present, with power of substitution. This shall be a general proxy, with the exception of the items listed below. Statutory Limited Powers: Pursuant to F. 5. 617.306(6), I hereby specifically authorize and instruct my pro.~.'holder to cast my vote in reference to the following matters as indicated below: 1. VOTE ON ROLLOVER OF EXCESS ASSOCIATION FUNDS, IF ANY, TO NEXT YEAR'S BUDGET. (The Board recommends voting in favor of rollover.) IN FAVOR OPPOSED OF ROLLOVER TO ROLLOVER 2. VOTE ON PROPOSED A.MEND~ TO DELETE PARAGRAPH 7.19 OF SECTION ? OF THE DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND USE RESTRICTIONS. IN FAVOR OPPOSED OF AMENDMENT TO AMENDMENT DATED: ,19_. ALL OWNERS OF THE UNIT, OR THE DESIGNATED VOTER SIGNATURE SIGNATURE * Failure to check either (a) or Co), or, if Co) is checked, failure to write in thc name of the pro.w, shall be deemed an appointment of thc President of thc Association as your proxyholdcr. RGEqViTO~ AM.2-NO.doe 'RIVIERA GOLF ESTATES HOMEOWNERS ASSOCIATION, . BALLOT FOR ELECTING DIRECTORS February 24, 1998 7:00 PM We will be electing three (3) persons. The following (in alphabetical order) have submitted their names into nomination. Vote for no more than three (3) candidates. If you vote for more than three {3) candidates, your ballot will be invalid. HANSON, LIBBY LEONE, JOE MAVITY, HELEN The ballot must be placed and sealed in the ballot envelope. The ballot envelope must then be placed and sealed in the outer envelope addressed to the Association. If you are entitled to cast more than one ballot (i.e. you own more than one lot), you must use separate ballot envelopes, which can then be placed in the outer envelope. DO NOT PLACE TH~ BALLOT ENVELOPE IN THE ENVELOPE ATTACHED TO TI-fiE LIMrrED PROXY. You must complete the trait information on the outside of the outer envelope addressed to the Association, and have all owners of the unit or the designated voter sign their/Iris/her name, otherwise your ballot will be invalid. The ballot must be received by the Association no later than the commencement of the Annual Meeting, however, you are urged to remm your ballot by February 20, 1998, to avoid delay at the Annual Meeting. ROE~nt~q~lloOlD.do~ 16G My name is Libby Hanson and I am running for a "voting" seat on the Board Directors of' Riviera Golf' Estates ttomeowners Association, having served as Secretary to the Board for the past 8-1/2 years in an appointed position. I also have served as Editor ofthe monthly Newsletter for the past 8 years. I am a year-round resident, residing at 104 Fleur de Lis Lane t tt iml~ I II II III Illlft ......... IIII I · 'To th~ members of the Ri~, iera Golf' Estates t lomeo,.~ ners Association 16G My name is Joe Loeone and I am seeking your ',otc for a second term as a Director for lite Riviera Golf Estates Board of Directors. 91v ~it'e Rita and ! are fizll-time residents and live at 129 Versailles Circle. Both of us are actixe members of lite community and participate, often as volunteer host and hostess, in many of the community's social activities. In addition to se~ing on the Board of Directors for the past three years. [ am a member of tile investment club. the men's club. and the nev,'Iv formed computer club. As I said in mv resume three .,.'ears ago. if elected to the Board. my principal goal ,,rill be to continue progress tox,,'ard makin,,= our community vd~at I belie,,'e it to be-the best place to live in Naples. in mx' first three .,,'ears on the Board. ! ser','ed on most of the major committees including: refinancing the mortgage, revision and updating of the Association's governing documents, selection of a ne~,.' management company and accounting firm. the budget committee and selection of the Office Xlanager. I was one of the Board members that recommended the purchase ora computer for the Office. Using the computer has improved the efficiency of the operation. (e.g.. producing form leners), saved money by peffo~in,, tasks we would othe~'ise haxe to pay others to do. (e ,, preparinu mailin,, lists and the phone book), and increased timeliness of paying bills. We are no~ using the office computer to pay our bills rather than relvinu on the performance of the accountin,, ~1. For the past tv.o years l served as the Association's Treasurer. In that capacit.,.. I have closely monitored all expenses. As a means o'f superx'ising the performance of the Accountin,, Companv. I recorded in detail, every dollar ,,~e spent over the past txvo `,'ears in mx' o,,vn computer. This alloxved me to prepare specialized repons for tile Board each month to keep them informed about where ,,'our money is:,,oin,,~.. To keep .`,'ou informed. I have published a quarterly summar2:' of expenses in the Nex~ sletter and presented detailed information at the annual budget meetings. In addition to my principal goal stated above, if re-elected to the Board. I ha`,e the following specific objectives: I. Avoid a dues increase prior to the .,,'ear 2000, the last .,,'ear ofthe Si00 assessment to pal',' down the mortgage. I voted against tile Association's FY 1998 budget since I am opposed to spending an.,.' of this .,,'ear's estimated $60,000 surplus until I am sure that spending it will not result in an increase in our dues for the next three.'.'ears. ~lv o~vn bud-et~ projections. ~,'hich I presented to the Board. indicate that dues ma,,' have to go up in FY 1999 or in FY 2000, depending on the rate of inflation, sales of nev~' homes, and. most. important, final cost each year for cable TV ser¥ice. 2. If circumstances permit. I intend to support a decrease in the annual dues once the mortgage is paid off in the year.2001. ,.~o- Thank you for your support. Helen Mavitv 149 Marseille Dr. As a board member for the past three years, I have served on the Mortgage, Budget. Rules, and Landscaping committees. I have sought' input from many of the residents on various projects and items brought before the board. Objectivity is what I consider a most important qualit5, in weighing the advantages and disadvantages of any problem, project, or item on our agenda. Using your input and other homework, it is this objectivity I bring to the boardroom to use in the decision making process. My decisions have been based on what I feel is best for the majority of all the residents. I welcome your suggestions, criticisms, and comments; and I am open to discuss an,,' problem/s you may have concerning Riviera Golf Estates. It is only with your input'and help that we can continue to maintain our lovely community. Previously to mo~Ang to Riviera Golf Estates, I taught in elementaq:' and middle schools for many years in Indiana, holding a Masters Degree plus thirty, semester hours Currently. I serve as a substitute teacher in Collier Count2,.' and continue to do volunteer work in various capacities. 0 o~~ '~60 I'11- OI-. 16G 16G '1 AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND USE RESTRICTIONS NOTE: New language is mldr, rlin~; language being deleted is shown in ,.~t.,, ,t, ..... ~' type. Paragraph 7.19 of Section 7 of the Declaration of Protective Covenants, Conditions and Use Restrictions for PJveria Golf Estates Homeowners Association, Inc.. shall be amended to delete it in its entirety: 7. GENERAL COVENANTS AND USE RESTRICTIONS: D CONDOS'CV2 MTG,~.MENDOgDOC Riviera Golf Estates Homeowners Association, Inc. 425 Charlemagne Blvd., Naples, FL 34112 *TelL'phone 941-775-3573 F~ 941-775-4643 16c POLICY FOR LATE PAYMENT OF DUES SINCE QUARTERLY DUES ARE DUE ON THE I" DAY OF EACH QUARTER OF TIlE ASSOCIATION'S FISCAL YEAR. WHICH BEGINS ON FEBRUARY I OF EACH YEAR. ANY PAYMENT NOT RECEIVED BY THE I0'~ DAY OF THE QUARTER IN WHICH IT IS DUE, IS SUBJECT TO A 525.00 FINE. ONLY ONE FINE WILL BE IMPOSED FOR EACH QUARTER. LIEN PROCEDURES WILL BE INSTITUTED 3 MONTHS AFTER THE DUE DATE. FORCLOSURE PROCEEDINGS WILL BE STARTED 6 MONTHS AFTER DUE DATE. POLICYAPPROI'~'D BY THE BOARD OF DIRECTORS ON FEBRU,4RY 4. 199' A ()*'er "55" Covenant Restricted C'ommuni~.' i i iiii. mira Ill I I ~ --' Gar9 L. Moger, P.A. [and l)evelopmen[ t, M,m,~cmenl Conduit,mt IO~(V~ Northtt'est l'.lct'cn[h (;oral Sprin.qs. I:k~r~dd ~, ~071 January 6, 1998 Clerk of the Circuit Court Finance Department c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P. O. Box 413016 Naples, FL 34112-3016 Re: Minutes of the Regular Board of Supervisors Meeting of September 22, 1997 Dear Mr. Gillett: Enclosed for your records are copies of the minutes of the meeting of the Board of Supervisors of Naples Heritage Community Development District held as referenced above. Sincerely, £ Gary L. Moyer / ]/~c.--' ,.~-' Manager '~.~-~. GLM/nk Eric. ,J~NI 2 16G ~S OF MEETING NAPLES I-[E P~TAGE COI~YIUNITY DEVELOPmeNT DISTRICT The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held on Monday, September 2'2, 1997 at 11:00 A.M. at Young, Van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida. Present and constituting a quorum were: Peter Comeau Raymond Miller Alan Burns John Agnelli Chairman Supervisor Super~'isor Supervisor Also present were: James P. Ward Bruce Anderson Bill McAnly John Campbell District Staff Attorney Engineer U.S. Home FIRST ORDER OF BUSINESS Roll Call Mr. Ward called the meeting to order at 11:00 A.M. and state,] that all members of the Board were present ~'ith the exception of Mr. Stanley. SECOND ORDER OF BUSh'NESS Approval of the Minutes of the July 28, 1997 Meeting Mr. Ward stated you have pre~5ously received a copy of the minutes of the July 28, 1997 meeting. If there are any corrections, additions or deletion-~, it would be appropriate at this time to so indicate, otherwise, a motion for their approval would be in order. liOn MOTION by Mr. Agnelli seconded by Mr. Miller with all in favor the Minutes of the Jul>' 28, 1997 meeting were approved. THIRD ORDER OF BUSKN~ESS St_nfl Reports A. Attorney There not being any, the next item followed. September 22, 1997 B. F. ngineer There not being any, the next item fi)llowed. C. Manoger There not being any, the next item followed. FOURTH ORDER OF BUS~NESS Supervisors Requests and Audience Comments Mr. Ward asked is there anything from the Board? Mr. Comeau stated first and foremost, the last time we had our meeting, U.S. Home was considering adding 48 units onto Naples Heritage upon which a ten-acre and five-acre parcel were going to be acquired to maintain existing community density. To that end, U.S. Home prepared all of the applications for the Planning Commission and zoning, got recommendations for adoption, but due to opposition within the community and other marketing considerations, U.S. Home has elected not to proceed with adding those 48 units onto Naples Heritage. Although U.S. Home was going to pay for all infrastructure costs and there would have been no irnpact to the District, I wanted to bring you up to date that the community as originally planned for 799 units and zoned and designed i.~ stay as such. The main reason ['or having today's meeting was that U.S. Home has received official correspondence from the Water Management l)~stmct conveyance of the Conservation Easement to the District. To that end. all lands are owned by the District and not U.S. Home. Therefore, in front of your packe; ts a draft of Deed of Conser~'ation Easement transferring the conservation easement from Naples He.-dtage Community Development District granted to the South Florida Water Management District. It is dis;ributed for your review and consideration. I would like to have the Board's concurre~;cc to direct our Counsel to review the document along with our District Engineer to make sure that all legal and support documentation is accurate. At our next meetingwe can ask for formal approval. As your Chairman I went ahead through U.S. Home ;;'ho hired their attorney and had a drafL Deed of Conservation Easement developed and this document has been forwarded to the Water Management District fbr their review and consideration. We haven't received an;' final comments. [ don't believe wv need a motion but if it meets the :,pprovai of the other Board mt-mbt, rs, wc will direct the District En~neer and Attorney to review the document. M,'. Sl. evcn Kushner, attorney for U.S. Home, is the one who is coordinating this with the Water Management District. Anv c~mments, co:':'ectio~.~ or revisions that v~.u 2 16G lI September 22, 1997 believe would be applicable for protection of the District should be forwarded to Mr. Kushner. The third item in reference to the Water Management District is that all of the permits to date have been filed and issued under U.S. Home. Since the Water Management District has referred to U.S. Home as the Permittee, thc Pcrmittcc for all practical purposes going forward is the Community Development District. It is U.S. Home's desire to transfer the Water Management Permit and als() the Army Corps of Engineers Permit to the Community Development District upon completion of any and all revisions and modifications made to them. ()ncc th(, permits are complete, and U.S. Home has received engineering certification tha~ all facilities are in compliance with the permit, U.S. Hotne will forw:,,'d applications and transtcer documents to the District for review. To th:.tt end, would like to have the Board's concurrence that as Chairman I can continue to coordinate that activity and forward all applicable documentation for that permit transfer for review and consideration and final comments to the District's Attorney and En~neer and also to our Manager to be presented officially in final form to the Board at our next meeting. Mr. Miller stated I have one question and that is regarding the lakes and the transfer. At the time they transtcerred it. I understood you to say you were going to have thc. lakes certified to the South Florida \Vater ,Management Dist,-ict as being completed in compliance with plans and specifications. Mr. Comeau stated that is correct. Mr. Miller asked are there any measure~nents that are necessary, cr()ss sections and so forth? Mr. Cc".:cau replied ve.~ that is correct. W?,.,:. }-:as occurred is that all thc lakes were cross sectioned. L'.S. Home received cm~tirmation from thc and signoff that all ol' thc. lakes were built in compliance with requirements. 'Fhe Water .\Ianagement District required additi,nal sections on vario,~s lake slope areas and also water control structures to make sure they were in compliance so ofticial certification o£ the water manageme~t system and field engineering signoff has been requested. All water control structures have been built in compliance with the permit. One deviation did occur on site and that was the lake side slopes that are adjacent to the preserves. They were supposed to be 4:1 and G:l and in certain locations that are abutting tlc preserves, they were 2'1 but since they were not on residential sites and the that the lake system was designed, that instead otc having a perimeter berm all September 22, 1997 way around, the District is now supporting and promoting tying in wetlands systems directly into the lake systems so that the lakes and the wetlands can become one and can overflow back and forth into each other. To that end, the District thought that because of other restoration work they have given approval for those 2:1 side slope deviations where the lakes abut preserwes. The local ot~ice has approved it, they have sig'ned off on it and all of the paperwork is with Heidi Schloss at the West Palm Beach office for official signoff. I would recommend that the District not accept any permits until receipt of that formal signoff on the permits from the Water Management District that the system has been completed as designed. The Army Corps Permit is a little different. One, the site was built in compliance with the Corps Permit and there have been various rulings from the Corps that facilitate and recommend that all developers transfer to the operating entity. You can have a permit that was issued thirty years ago and it was still in the original developer's name as with the Water Management District Permit, if there was additional review that was required, the Environmental Impact Study or if there is some type of additional violation that occurred with existing property owners or homeowners association, you as the original permittee are still responsible. It is the advice of U.S. Home's Counsel and the advice of the U.S. Army Corps of Engineers that at such time that you receive your first signoff from the Water Management District that the entire restoration program, your monitoring program and you have the compliance report back from the District. which U.S. Home has received and will be included in the packet that the U.S. Army Corps Permit also be transferred to the operating entity. With tho.-:c certifi~aLi,~ns from the he District on both ~.}~,.:..' permit and also the Corps' permit and compliance reports, it is recommended that this Board accept receipt, ownership and managemen[ of those permits. All ~naintenance requiremen[s under the permits and monitoring are done by the homeowners association and, as you recall, at our previous meeting,the Community Development District entered into an agreement with the homeowners association to carry out those functions. Permits are in compliance, all formal certifications are being forwarded for our review. Upon receipt of those, they will be given to our District Engineer and Attorney to make sure they are in form to be consistent with law and intent of our duties. Those are the major issues that I had for you today. Mr. Ward stated we swill schedule those items for your next Board meeting for acceptance. _ 4 September 22, 1997 Mr. Comeau stated if anyone finds anything out of' the ordinary in thIs document, let me know. Some of the exhibits for the Conservation Masemcnt have already been prepared by MeAnly Engineering. Mr. Anderson stated in briefly glancing through this, I note that the District has on these plats that are included had these conservation areas dedicated to the District in some instances as conservation easements. Mr. Comeau stated all conservation easements allow for passive recreation also. Mr. Anderson stated my question would be whether the District holds fee simple title to these conservation areas or whether we merely have a conservation easement ourselves, Mr. Comeau stated you have fee simple ownership to those conservation easements. Mr. Ward stated ifit is dedicated by plat then we took title to it. Mr. Anderson stated the plat for Phase One dedicates the Conservation Area apparently in fee simple to the Naples Heritage Golf & Country Club, Inc. Mr. Comeau stated when we closed on the bonds, that ~vas translrbrred to the Community Development District and the District requires a tbrmal conservation easement to be granted to them. Mr. Ward stated what you are getting to is whether or not we have the r/ght to grant the easement as to who owns the property. Mr. Anderson stated that is correct. Mr. Comeau stated please be kind enough to dissect the document. That is why I wanted to get it to you today and then we can make any modifications that ~.rc necessary. Mr. Anderson asked if I have any difficulties reading the reduced copies of the plat, would I be able to get copies from U.S. Home? Mr. Comeau stated Mr. MeAnly could provide them. Under Phase Two for the first fifteen lots of Phase Two, there were completion of documents and transfers of those to the District. Originally, they were being held by Clyde Quimby, the property owner. U.S. Home has developed and is moving forward with Phase Two. A Partial Release on the first part of Phase Two i~ b~ing dom.. U.S. Home anticipates closing within the next two to three weeks on some single family homes and those documents are being forwarded for your review and consideration. There will be no request from U.S. Home until the completion cf Phase Two for reimbursement funds from the Reserve Fund. _ 5 September 22, 1997 16G Mr. Ward stated if you are going to do a transfer of a portion of the t'hase Two documents, however, we need to get some documentation that we owe you whatever the amount of money is for the work that is going to be transferred to the County Water and Sewer District. Is that what you are talking about? Mr. Comeau stated those documents are being developed per your previous instructions. To give you an update on the project, all water, sewer and drainage is in for Naples Heritage except for the north condo tract. It is anticipated that by the end of October Heritage Drive, the main boulevard, will be completely paved. Sales are going very well and we anticipate sellout by this time next year. Naples Heritage will be U.S. Home's most successful community to date. That is all I have. Mr. Ward asked is there anything else from the Board? Mr. Agnelli stated on the second page of the Financial Statement, under Current Month, the fourth number down should be checked. Mr. Comeau asked are there any other comments with reference to the financials? Would you like to high]ight anything for us? Mr. Ward stated ifyou go back to the Debt Service Fund, probably the biggest highlight is you have $2.6 million in your Prepayment Account. That is coming from amounts submitted to the District by U.S. Home for lot sales that have occurred which is significant. That number is in accordance with what your project budget was for this next fiscal year which will begin in a couple of weeks so that is on target and well done. The only other big issue that I was looking at is there is in your Capital Projects Funds $2 million which is the amount of money that is available for the District to purchase the balance of the acquisition of those fadlities. That will be an item ~'k .t I think U.S. Home will come to .','~u in the next few months with respect to paying them back for those facility acquisitions. Those are the only two items that I felt were significant. Mr. Comeau stated with regard to prepayment U.S. Home anticipates closing at least another 130 units this year. As I understand it, we are still two to three years ahead of our schedule. Mr. Ward for these bonds7 Mr. Comeau stated yes. Mr. Ward stated we are at least two years ahead ot'schedule. When I was doing the Budgets, you were two years ahead of the ori~nal projections. Mr. Comeau asked are there any other comments from the Boa, d members? Hearing none, I will entertain a motion to adjourn the meeting. 6 September 22, 1997 I[On MOTION bY Mr. Agnelli seconded by Mr. Miller with [all in favor the meetin~ was adjourned at 11:30 A.M. James P. Ward S~retary Peter CVome au Chairman _ 7 AGENDA NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Monday September 22, 1997 10:30 A.M. Young, Van Assenderp & Varnadoe 801 Laurel Oak Drive Suite 300 Naples, Florida Roll Call Approval of the Minutes of the July 28, 1997 Meeting Staff Reports A. Attorney B. Engineer C. Manager Supervisors Requests and Audience Comments Adjournment NapLes DaiLy News NapLes, FL 33940 Affidavit of Publicatio~ Naples Daily News NAPLES HERITAGE COMHUN[TY OEVELOPHENT O[STRICT 103C0 NV 11TM MANOR CORAL SPR[~IGS FL 33071 REFERENCE: 052512 57562832 NOTICE OF HEETING NA State of Florida County of Collier Before the undersigned authority, personally aooeared B. Lamb, who on oath says that she serves as Assistant C~rl~orate Secretary of the Naples Daily ~e~s, a da:Ly newspaper publishecl a: ~aptes, in Collier County, FLorida: that the attached ccoy of advert'sing was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class ~ail hatter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in ~he said newspaper. PUBLISHED ON: 0q/15 A~ SPACE: 6~.C00 INCH FILED C': Signature of Affiant Sworn to and Subscribed before me this Personally knc~n Dy me 0120.0 c= 0r M~qlNG NOTICE O1= AAEETING NAPLES HERITAGE COAAA6UNITY DEVELOPMENT OISTRI~ ~e r~u~ toeing · e ~d ~ S~l~s C~mun~ D~el~m~ Ol~l~ will be held ~, ~m~ 22, ~C~ ~ Y~, Van AS- L~ O~ Dr~e, Sure ~, ~es, F~I~ The me~ng Is ~efl ~11~ ~ will ~ con- ~ In oc~nce w~ ~e ~vls~s ~ L~ ~ Commun~ De- Thee ~ ~ sl~s ~efl ~e ~ ~e ~e ~y ~l~e. At ~ve I~Ofl ~e will · e m~ ~ ~e ~e ~l~ m~e e~ In munl~ ~al ~~ mis m~ ~se ~ o dl~ll~ ~ Dh~IcoI Im- ~e Ol~ld ~ ~ (954) ~ ~ ~1~ ~ ~e E~ ~ ~ ~ld- ~de by ~e ~d w~ re~e~ ~ any c~ld~ ~ ~e m~ng Is ~l~ ~ ~ ~11 ne~ o r~d of ~e c~ ~ ~ ~c~d- ~m re~d ~ ~e ceedlngs Is maae, Inclu~lng ~e o~ eviae~e ~ which such m~al Is to ~e~ber 15 NO. 1~3336 day of · · Sep-22-97 09:33A Steven Kushner ii 941 -337- 7909 ...... P. 09 This lnra'.trnent Prepared By: Stev~ p. Ku.~er, Esq. 1375 Sackson S~¢t, Suite 202 FortMy~, FL 33901 16G 1' DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION 'EASEMENT is given this _ day of , 1997, by NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, an independent special district created pursuant to Chapter 190, Florida Statutes, hereinafter called "Grantor", to the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, hereinafter called "Grantee". WIYNESSETH WHEREAS, thc Grantor is the owner of certain lands situate in Collier County, Florida, and more specifically described in Ex.kibit "A" attached hereto and incorporated herein by reference ("Property"); and WHEREAS, the Grantor desires to develop a community consisting of seven hundred and ninety-nine (799) residential units to be known as Naples Heritage Golf & Country Club which shall be subject to the Declaration of Covenants, Conditions, and Restrictions for Naples Heritage Golf & Country Club ("Project") at a site in Collier County, which Project will impact wetlands under the regulatory jurisdiction of' South Florida Water Management District ("District"); and WHEREAs, District Permit No. I ~ ("Permit") authorizes certain activities which affect surface waters in or of the State of'~orida; and WHEREAS, this Permit requires that the Grantor preserve and/or mitigates wetlands under the Jstrict_: j~sd~ctJon; and WHE~AS, The Grantor has developed and proposed as part of the permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and WHEREAS, the Grantor, in consideration of the consent granted by th.is Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1995), over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor Sep-22-97 09:33A Steven Kushner 941-337-7909 P.10 of the Grantee upon the Property which shall nm with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this conservation easement shall be as follows: I. It is the purpose of the conservation eascment to retain land or water areas in their natural, scenic, open, agricultural or wooded conditions and to retain such areas as suitable habitat for fish, plants or wildlife. To carry out this purpose, the following rights are conveyed to Grantee by this easement: (a) To enter upon thc Property at reasonable times to enforce the fights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and (b) To enjoin any activity on or use of the Prope. ny that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsis:ent activity or use. 2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvemenLs, which are permitted or required by the Permit, the following activities are prohibited in or on the Property: (a) Construction or placing of buildings, roads, signs (except as previously approved by the District, billboards or other advertising, utilities, or other structures on or above the ground; (b) Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or o~e::sive materials; (c) Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic vegetation in accordance with a District approved maintenance plan; (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface, except as previously approved by thc Dis~ct; (e) Surface use except for purposes that permit the land or water area to remain in its natural condition; - 2 (f) Activities detrimental to drainage, flood control, water co~ervadon, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, dicing and fencing; (g) Acts or uses detrimental to such retention of land or water areas. (la) Acts or uses which are detrimental to the preservation of any features or aspects of the Prope:-ty having historical or archacologica3 significance. 3. Crmntor reserves all fights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and pm'poses of this Conservation Easement. 4. No right ofaccess by the general public to any portion of the Property is conveyed by this conservation easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep and maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Any costs incurred in enforcing, judicially or otherwise, thc terms and restrictions of this con. servadon casement shall be borne by and recoverable against the non-prevailing party in suzh proceedings. 8. Enforcement of the te:'ms and provisions of thc conservation eascment shall be at the reasonable discretion of Grantee, and any forbearance on behaifofGrantee to exercise its rights hereunder in the event of any breach hereof by Grantors, shall not be deemed or construed to be a ',~aiver of Grantee's rights hereunder. 9. Grantee will hold th. is conservation easement exclusively .for conservation purposes. Grantee will not assign its fights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. - 3 I1. All notices, consenU, approvals or other ~mmuni:tiom hereunder shall be in writing and shall be deemed prolxrly given if sent by Uni',ed States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest 12. The terms, conditions, restrictions and purpose of th~s conservation easement shall be inserted by Grantor in any subsequent deed or other legal instn.a'nent by which Grantor divests itself of any interest in thc Property. Any future holder of the Grantor~s interest in the Property shall be notified in writing by Grantor of this conservation easement. 13. This conservation easement may be amended, altered, released or revoked only by writ'ten agreement between the parties hereto or their heirs, assigns and successors-in-interest, which shall be filed in the Public Records of Collier County. TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever. These covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall not only be binding upon Grantor, but also their agents, heirs, successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawf-u~ly seized of said Property in fee simple; that the Property is free and clear of all encumbrances; that Grantor has good right and lawful authority to convey ~s conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of ail persons whomsoever. WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day of ,1997. -- NAPLES HERITAOE COMMUNITY DEVELOPMENT DISTRICT, an independent special district established pursuant to Chapter 190, Florida Statutes (Print/tTpe name) ('Prin~type name) By: Peter R. Comeau Title: .Chairman - 4 Sep-22-97 09:35A Steven Kushne~ 94[-337-7909 P.13 STATE OF FLORIDA COUNTY OF On this~ day of ,1997, before me, the undersigned notary public, personally appeared Peter R. Comeau, personally known to me to be thc person who subs~,-ibed to the foregoing instrument and did not take an oath, as the Cl'mirman of the Naples Heritage Community Development District, an independent special district established pursuant to Chapter 190, Florida Statutes, and acknowlcdged that he executed the same of behalf of said entity and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public Name: Certificate No. or Serial No. (SEAL) My Commission Expires: South Florida Water Management District Legal Form Approved Date: - 5 09/22/97 ~0~ 09:03 FAX I 941 278 1914 ES It0~E _6G O03 GRANT OF CONSERVATION EASEMENT WITH RESERVATIONS THIS GRANT OF CONSERVATION EASEMENT WITH RESERVATIONS is given this day of , 19 , by U.S. HOME CORPORATION, a Delaware corporation, authorized to do business in the State of Florida, 10491 Six Mile Cypress Parkway, #101, Fort Myers, Florida 33912 ("Grantor"), to the SOUTH FLORIDA WATER MANAGEMENT DISTRICT ("Grantee"). As used herein, the term Grantor shall include any successor or assignee of the Grantor, and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH · WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference ("Property"); and WHEREAS, the Grantor desires to construct The Naples Heritage Golf & Country Club ("Project") at a site in Collier County, which is subject to the ~;egutatory jurisdiction of South Florida Water Management District ("District") and the United States Army Corps of Engineers ("Corps"); and WHEREAS, District Surface Water Management or Wetland Resource Permit No. ,/!,.01~1 - ~ ("pe'rmit") authorizes activities which affect surface waters in or of the State of Florida; and WHEREAS, the Grantor, in consideration of the consent granted by the SFWMD Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704,06, Florida Statutes (1993), over the Property; and WHEREAS, this Permit requires the Grantor to preserve and/or mitigate wetlands under the District's jurisdiction; and WHEREAS, the Grantor has developed and proposed as pad of the SFWMD Permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and 16G WHEREAS, Permit No. 1¢~ ~O~ ~.'7 to Corps' jurisdiction. (ACOE Permit) authorizes activities subject NOW, THEREFORE, in consideration of the issuance of the SFWMD and ACOE Permits to construct and operate the permitted activities, Grantor hereby grants, creates and establishes a perpetual conservation easement for the Grantee upon the Property which shall run with the land and be binding upon the Grantor, its heirs, successors and assigns ("hereinafter Grantor"), and shall remain in full force and effect forever. Notwithstanding anything to the contrary, Grantor expressly reserves the right to apply for and to obtain whatever consent is necessary to develop all or any portion of the lands subject to this easement. If Grantor receives approval to repermit or to redevelop any of the property subject to this easement, then Grantor or its assignees may withdraw any portion of the lands subject to this easement by providing a Notice of Withdrawal to Grantee by certified mail, return receipt requested upon which delivery to Grantee, those properties shall be deemed withdrawn from this Conservation Easement. The scope, nature, and character of this conservation easement shall be as follows: 1. It is the purpose of the conservation easement to retain land or water areas in their natural, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment o,' "-"~, ,,; Property by the Grantor at the time of s~:~.,"~ entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. The following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill. or dumping or placing of trash, waste, or unsightly or offensive materials; 2 c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; water areas. Acts or uses detrimental to such aforementioned retention of land or Paragraphs 2.a. through 2.g. shall not preclude Grantor seeking approval to develop any portion of the lands subject to this easement and withdrawal of those lands thereafter nor the construction of structures, such as boardwalks, walkovers, access ramps and nature trails, of minimal environmental impact, which may be proposed for the utilization of this property as a park, subject to the express writlen consent from the Army Corps of Engineers Staff and from the SFWMD staff as the easement holders. Complete information, including drawings, regarding the proposed construction shall be submitted to the Grantee for review. In addition, these structures must receive a wetland resource permit from the Grantee or its successors for its construction pursuant to applicable Administrative Rules and Florida Slatutes. 3. Grantor reserves all rights as owner of the Property including the right to engage in uses of the Properly that are not prohibited herein. 4. No right of access by the general public to any podion of the Properly is conveyed by this conservation easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep and maintenance of the property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms and restrictions of this conservation easement shall be borne by and recoverable against the non-prevailing party in such proceedings. v 8. Enforcement of the terms and provisions of the conservation easement shal; be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Granlor, shall not be deemed to construed to be a waiver of Grantee's rights hereunder. 9. Grantee wilt hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the 'applicable state laws. 10. Grantor expressly reserves ail rights as the owner of the property, including the right to engage in uses of the propedy that are not prohibited herein, and which are not inconsistent with any district rule, criteria, permit and the intent and purposes of this Conservation Easement. Passive recreational activities which are not contrary to the purpose of this Conservation Easement, may be permitted upon written approval by the district. Approved plans for the proposed activities shall be attached as an Exhibit to this Conservation Easement, or shall be included in the permit Exhibits. 11. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. !3. The terms, conditions, restrict, icr':.s and purpose of this conservation easement shall be inserted by Granlor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in/he Property. Any future holder of the Grantor's interest in the Property shall be notified in writing by Granfor of this conservation easement. This conservation easement may be amended, altered, released or revoked only by wrilten agreement between the parties here[o or lheir heirs, assigns, and successors-in- interest, which shall be filed in the public records of Collier Counly. TO HAVEAND TO HOLD unto Grantee, its successors and assigns forever. The covenants, terms, conditions, restrictions, and purpose imposed with this conservation easement shall not only be binding upon Grantor, but also its agents, heirs, successors. and assigns, and shall continue as a servitude running in perpetuity with the Property, subject however, to the Grantor's right to seek approval to repermit and develop this property. _ 4 Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said property in fee simple; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easemenl hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, authorized hand this day of ,19 has hereunto set its Signed, sealed and delivered in our presence as witnesses: U.S. HOME CORPORATION A Delaware Corporation Print Name: Print Name: By: Print Name: Title: STATE OF FLORIDA COUNTY OF ) ) On this ~ day of ,19 , before me the undersigned notary public, personally appeared , personally known to me to be the person who subscribed to the foregoing instrument or who produced as identification, and did not take an oath, as the of U.S. HOME CORPORA TION, a Delaware corporatio, n,: and acknowledged that he executed same on behalf of said corporation and that he was duly authorized to do so. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Public Print Name: My Commission Expires: f:\wpdata~ojg~cjs~conserv2.ea$ 5 09,22/9? ~H", 0§:03 I-AY, MO.~ 09: F.\I {, 94{, 278 09/22/97 ~O~ Og:09 FAX I 94! 278 lg14 LS IIO~E ~011 09/22/97 ~ON 09:09 FAX I 941 278 1914 L'S HOME ~o~ 4 I~ 41 1013 6G 1~ 00/22/97 ~ON Og:ll F),X I 041 278 1914 US HOX£ ~ ~ ~ .... ~-- Ira_ -- .... - - ~ ')~-~--l .- .- ~. - ~ ~....~,~. ~.,,~-~ ~, ~ ~- ,r~l~L~. ~ 1~~:~'~~ .,,. : ~]014 09/22/97 NON 09:]2 F~X I 941 278 1914 ES HO~IE [~015 UNPLATT[~ i ~uuuj~ -- l Ogr22/g? ~()% O~ 13 Ft~ I g.ll 27~ I.~1.1 IS IIO~F~ ~1? j~tl~ ,]tCj[jb , lt,~[1!= ; .. ~.-..~'-' ,. , ..,- ,,u . . . .. .., . . ,,,, .. lt.. ,I l,.--i,.,,--..~jl,l. ~ld t,i- :l.:ill,l; d .l.t~i kit ',t' j~ IHt,:,.~.~,.-'.,',,~ L. ~ ~. ~,-,' ,~It~' .~ :,$-~, ,,.~ ~..,'~, ~ · ~t',,-4 ,,,. ,-~, ~., ~u,,-, . .i..:?,'~...t ~,~ ., l,:,,~ [ ~?~ t ~ ,1,... .~i.:;,.. ,l...~.: ,'-,,:,, .. ~? ,, , ., ~ j ~ ~ .. z ,,.. t,.a..,.t.~.., ,,..t .,.i,, ,. ,.,., .., ,,. h...., .. . ,., . .,.. ,........, ...., .... ~. ~ ! I I: i t . ,~ ,~ ...... ,, IlL > ~, ', ' ' , · ~ . ~t -1' , , ,i,t I ..! ,~ , ,, , l' ,, i~ i: ~ . ,.[I ,i. , ,il ~, ~, , ' it,. -:~, ,,~, '..i ,' ., ~t,l , .l., ,,., ., . . ., ~ .,,. , ,..,. , . .,.~ I~, I- q~ i , .~,. ,, ~.~ ; J J J ii'iiI'~1 I j t ~t ' I~ I t- a g- ' ? I t I .. ~ - ~, J Ix', , .~., ~.~..~.,.. ,!,,.,, $,~ ~! ,. ,, . ........ ,,p. .., ~ ~ . !. .,h,~ ,.'"!', .~ ,~1~.~ . ,~ ~"',.. ..., ~,...,T' ,,,,., ,J~ ~ ~. h'l, ., 09/22/97 ~ON 09:14 FAA I 941 278 1914 ES HO~£ 09/22/97 NON 09:14 FAX ! 94! 278 lgt4 [$ HOXE ~Olg [1111111111 .L 09/22/97 MON 09:15 FAX I 941 278 1914 LS HO~E 16G QSouth FYorida Water Management District ~g]020 3301 Gun Club Ro~cl, West Palm Beach, Florida 33406 · (561) 686-8800 · FL WATS 1-800-432-2045 TDO (561) 697-2574 CON 24-05 July 24, 1997 U.S. Home Corporation 10491 Six Mile Cypress Parkway Ft. Myers. FL 33912 Dear Sir ot Madam: Subject: CONSERVATION EASEMENT REQUIREMENTS NAPLES HERITAGE GOLF AND COUNTRY CLUB PERMIT NO. 11-01101-S SECS. 3, 4, 9 AND 10, '1'50S, R26E, COLLIER COUNTY As part of the Special conditions of this permit, it is recluired that the permittee grant to the District a conservation easement over a portion of this project. Although this permit specifies several items that are required to be submi~ed in support of the conservation easement, the District has revised its requirements regarding the submittal of conservation easement documentation. For this project, it is no longer necessary to provide a survey or plat of the conservation area or title insurance. Please submit to the District for approval by our Office of Counsel, a draft conservatio,~ easement. It is recommended that the "Deed of Conservation Easement" attached to this letter be completed, as this reduces the review time .required. Please include with this conservation easement, a legal description and sketch of the conservation area. Please submit this information within thirw (30) days of receipt of this letter. Please be advised that should mortgages, liens, easement interests, encumbrances or other matters exist in the title of the property that are adverse to or inconsistent with the purpose or intent of the conservation easement, the permittee shall be required to obtain releases or subordinations of such interests. If you have any questions regarding this matter please contact Louise Bos at (5'61) 687- 6733. Your assistance is appreciated. Sincerely, Robert M. Brown, Supervising Professional Naturar Resource Management Division RB/Ib Yerm M. C~rter RiP,rd A. ,Machck Samuel E. Peele ltl, Executl,t¢ Direct. or WlUiam E. Grzlum Micluel D. Miuton /vllchael Sl~Tton, I]k-pu:y Executive Yv"dli~m Hammond Miriatn Singer M~iling Add,ss: P.O. Box 24680, W~t Palm Beth, FL 33416-4680 09/22/97 09:15 FA~ I 94l 278 1914 LS ItO~E !021 '1 DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this __ of ,19 , by (address). day ("Grantor") to the South Florida Water Management Distdct ("Grantee"). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Prope,"ty" (as hereinafter defined) and the term Grantee s~a!l include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in County. Florida, and more specificaliy described in Exhibit A attached hereto and incorporated herein ("Property"); and WHEREAS, the Grantor desires to construct (name of project). ("Project") at a site in County, which is subject to the regulatory jurisdictio'~ of South Florlda Water Management District ("District"); and WHEREAS, District Permit No. ("Permit") authorizes cectai'~ activities which affect surface waters in or of the State of Florida: and WHEREAS, this Permit requires that the Grantor preserve and/or mitigate wetlands under the District's jurisdiction; and WHEREAS, the Grantor has developed and proposed as part of the permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and VVHEREAS, the Grantor, in ccnsideraticn of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easemer~t as defined in Section 704.06, Florida S'.atutes (1995), over the Prope~y. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservabon easement for and in favor of t;'~e Grantee upon tJ",e Property which shall run with the land and be binding upon the Grantor, and shah remain in full force and' effect forever. The scope, nature, a~d character cf this conservation easement shaft be as foIlows: It is the pcrpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agriculture[ cr wooded condition and to retain such areas as suitable habitat for fish, pIants orwild!ife. To carry out this purpose, the following rights are conveyed to Grantee by this FA~ ! 941 278 1914 LS HO~E 1: easement: To enter upcn the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quie,' enioyment of the Properly by Grantor at the time of such entry; and To enjoin any activity on or use of the Property that is inconsistent with this conservaticn easement and to enforce the restoration of such areas or features of the Property that may be damaged by a.~y inccnsistent activity cr use. Except for restoraticn, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the followi,,3g activities are prohiDited in or on the Property: Construction or placing of bui dings roads, signs, bil',boards or other advertising, ut lities, or cther structures on or above the ground; Dumping or placing of soil cr other sui:)stance or material as landfill, or d~mpi.~g or ¢tacir'g of trash, waste, or unsightly or cffensive materials; Remove1 or destructicn of trees, shrubs, or other vegetation, excep: fo, the removal of exotic vegetation in accordance witr~ a District approved maintenance plan; Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; Surface use except fcr purposes that permit the land or water area to remain in its natural condition; Activities detrimental to clra!nage, flood cor',trol, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking a~d fend!rig; Acts cr uses detrimental to such aforementioned retention cf land or water areas; Acts or uses which are detrimental to the preservation of any fea,'ures or aspects of the Property having historical or archaeological significance. Grantor reserves all rights as owner of the Property, including the right to engage in uses cf the Property that are not prohibited herein and which are not incons:stent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. [ [ [[[[ Ill --1 ............. I ............ IIII ] 09/:":~/97 MO% 09:!§ F),.'( I 941 278 191.4 LS IIOMI-'_ ~023 Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. Grantor shali pay any and all real property taxes and assessments lev'.'ed by competent authority on the Property. Any costs incurred in enforcing, judicial;y or otherwise, the lerms, provisions and restrictions o1' this conservation easement shall be borne by and recoverable against the nonprevailing party in such proceedings. Enforcement of the terms, provisions and restrictions oi' this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event cf any breach hereof by Grantor, shall not be deemed or co,"stn..,ed to be a waiver et' Grc..n!ee's rights hereunder. Grantee will hold th~s conservation easement e×c[usively for conserve:ion purposes Grantee will not assign its rights arid obligations under this conse,,-vation easemer, t exce.m to a'~other organization qualifie~ to hold such interests under the applicable state laws. If any previa;on cf this conserval.~an easement or :he application thereof to any person or clrcumstances is fou,qd to be invaJid, the remainder of tr~e provisions of this conservation easement shatl not be affected thereby, es long as the purpose of the conservation easement is preserved. All notices, consents, approvals or other communications he,'eunder shall be in wdting and shall be deemed properly Given if sent by United States certified mail, return rece!p~. requested, addressed to the appropriate party or successo¢-in-Jnterest. The terms, conditions, rest,fictions and purpose of this conservation easemer'.t shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests ilself of any interest in the Property. Any future holder of the Granto,-'s interest in lhe Prope,'ty shal', ba ncth~ed in writing by Grantor of this consen,,a'.!.-:? easement. This conservation easement may be amended, altered, released or revoked only by wmten agreement between the parties hereto or their heirs, assigns or successors-in-interest, which sha,I be filed in the public records in County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity wfth the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized or' sa!d Property in fee simple; that the Property is free and clear of all encumbrances; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby futiy warrants and defends the tkle to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, has hereunto set authorized hand this day of 199_. Signed, sealed amd delivered in our presence as witnesses: A Florida corporation Print Name: Title: Print Name: Print Name: By: STATE OF FLORIDA ) SS: COUNTY OF On lhis day of ,199 before me, the unders;gned notary public, personally appeared . personally known to me to be the person who subscribed to the foregoing instrument and did not take an oath. as the (position) , of (corporation) , a Florida corporation, and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLfC, STATE OF' FLOR',DA Print Name: My Commission Expires: South Flor;da Water Management District Legal Form Approved: SFWMD 16G GRANT OF CONSERVATiON EASEMENT WITH RESER VA TiONS THIS GRANT OF CONSERVATION EASEMENT WITH RESERVATIONS is given this day of . , 19 , by U.S. HOME CORPORATION, a Delaware corporation, authorized to do business in the State of Florida, 10491 Six Mile Cypress Parkway, #101, Fort Myers, Florida 33912 ("Grantor"), to the SOUTH FLORIDA WATER MANAGEMENT D/STRICT ("Grantee"). As used herein, the term Grantor shall include any successor or assignee of the Grantor, and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference ("Property"); and WHEREAS, the Grantor desires to construct The Naples Heritage Golf & Country Club ("Project") at a site in Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management District ("District") and the United States Army Corps of Engineers ("Corps"); and WHEREAS, Distdct Surface Water Management or Wetland Resource Permit No. ("Permit") authorizes activities which affect surface waters in or of the State of Florida; and WHEREAS, the Grantor, in consideration of the consent granted by the SFWMD Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1993), over the Property; and WHEREAS, this Permit requires the Grantor to preserve and/or mitigate wetlands under the District's jurisdiction; and WHEREAS, the Grantor has developed and proposed as part of the SFVVMD Permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and 09/22/97 ~ ~ 0~9~ ~ m ........ II IIIIII II II ~ON :17 F'A,~ 1 941 278 1914 II- - I 1711 WHEREAS, Permit No. to Corps' jurisdiction. (ACOE Permit) authorizes activities subject NOW, THEREFORE, in consideration of the issuance of the SFVVMD and ACOE Permits to construct and operate the permitted activities, Grantor hereby grants, creates and establishes a perpetual conservation easement for the Grantee upon the Property which shall run with the land and be binding upon the Grantor, its heirs, successors and assigns ("hereinafter Grantor''), and shall remain in full force and effect forever. Notwithstanding anything to the contrary, Grantor expressly reserves the right to apply for and to obtain whatever consent is necessary to develop all or any portion of the lands subject to this easement. If Grantor receives approval to repermit or to redevelop any of the property subject to Ibis easement, then Grantor or its assignees may withdraw any portion of the lands subject lo this easement by providing a Notice of Withdrawal to Grantee by certified mail, return receipt requested upon which delivery to Grantee, those properties shall be deemed withdrawn from this Conservation Easement. The scope, nature, and character of this conservation easement shall be as follows: 1. It is the purpose of the conservation easement to retain land or water areas in their natural, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by the Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. The following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfi;I, or dumping or placing of trash, waste, or unsightly or offensive materials; 2 c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; water areas. Acts or uses detrimental to such aforementioned retention of land or Paragraphs 2.a. through 2.9. shall not preclude Grantor seeking approval to develop any portion of the lands subject to this easement and withdrawal of those lands thereafter nor the construction of structures, such as boardwalks, walkovers, access ramps and nature trails, of minimal environmental impact, which may be proposed for the utilization of this property as a park, subject to the express wdtten consent from the Army Corps of Engineers Staff and from the SFVVMD staff as the easement holders. Complete information, including drawings, regarding the proposed construction shall be submitted to the Grantee for review. In addition, these structures must receive a wetland resource permit from the Grantee or its successors for its construction pursuant to applicable Administrative Rules and Florida Statutes. 3. Grantor reserves all rights as owner of the Property including the right to engage in uses of the Property that are not prohibited herein: 4. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep and maintenance of the property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Any costs incurred in enforcing, judicially or otherwise, the terms and restrictions of this conservation easement shall be borne by and recoverable against th~ non-prevailing party in such proceedings. 8. Enforcement of the terms and provisions of the conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed to construed to be a waiver of Grantee's rights hereunder. ' 9. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the 'applicable state laws. 10. Grantor expressly reserves all rights as the owner of the property, including the right to engage in uses of the property that are not prohibited herein, and which are inconsistent with any district rule, criteria, permit and the intent and purposes of this Conservation Easement. Passive recreational activities which are not contrary to the purpose of this Conservation Easement, may be permitted upon written approval by the district. Approved plans for the proposed activities shall be attached as an Exhibit to this Conservation Easement, or shall be included in the permit Exhibits. 11. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 12. Ail notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 13. The terms, conditions, restrictions and purpose of this conservation easement shall be inserted by Grantor in any subsequent deed or other legal instrumer~t by which Grantor divests itself of any interest in the Property. Any future holder of the Grantor's interest in the Property shall be notified in writing by Grantor of this conservation easement. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns, and successors-in- interest, which shall be filed in the public records of Collier County. TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever. The covenants, terms, conditions, restrictions, and purpose imposed with this conservation easement shall not only be binding upon Grantor, but also its agents, heirs, successors, and assigns, and shall continue as a servitude running in perpetuity with the Property. subject however, to the Grantor's right to seek approval to repermit and develop this property. , ..09/2~/97 HON 09:19 FAX I 941 278 1914 IJS tlO~E i6G Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said property in fee simple; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons ,whomsoever. IN WITNESS WHEREOF, authorized hand this day of Signed, sealed and delivered in our presence as witnesses: ,19 has hereunto set its U.S. HOME CORPORATION A Delaware Corporation Print Name: Print Name: By: Print Name: Title: S TA TE OF FLORIDA COUNTY OF ) ) ) On this. day of ,19 , before me the undersigned notary public, personally appeared , personally known to me to be the person who subscribed to the foregoing instrument or who produced as identification, and did not take an oath, as the of U.S. HOME CORPORATION, a Delaware corporation, and acknowledged that he executed same on behalf of said corporation and that he was duly authorized to do so. IN WITNESS WHEREOF I hereunto setmy hand and official seal. Notary Public Print Name: My Commission Expires: f:~,V,lXlata~ojg~js\conse tv2 .oas 1 6G 1~ O0 j4jo4 j~JJ o 4 Z ~g O0 ZO g ~: 0 O0 ~ o MEMORANDUM Misc. Correspondence Agenda Date__ Agenda Item TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager /~,~AZ'. Clerk of the Circuit Court/Finance Department March 20, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. ,Naples Heritage Community Development District Pursuant to Florida Statutes Chapters 189 and 190, the Naples Heritage Community Development Distdct has submitted the following: (a) Minutes of Meeting held November 24, 1997 (b) Engineer's Report (c) Minutes of Board Meeting September 22, 1997 Thank You. Misc. Corre$: Date: ~ :~special~special Gart3 L. Moger, P.A. Land Development ~, Management Consultant 10300 Northwest Eleventh Manor Coral Springs, Florida 33071 (954) 753-0380 February 20, 1998 Clerk of the Circuit Court Finance Department c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P. O. Box 413016 Naples, FL 34112-3016 Re: Minutes of the Regular Board of Supervisors Meeting of October 27, November 24, and December 3, 1997 Dear Mr. Gillett: Enclosed for your records are copies of the minutes of the meeting of the Board of Supervisors of Naples Heritage Community Development District held as referenced above. Sincerely, Gary L. Moyer Manager GLM/nk En¢. MINUTES OF ~G NAPI.r$ HERITAGE CO1VIMUNITY DEVEI OPME. NT DISTRICT The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held Monday, November 24, 1997 at 11:00 A.M. in the offices of Young, Van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida. Present and constituting a quorum were: Peter Comeau John J. Agnelli Ray Miller Alan Burns Chairman (By Telephone) Assistant Secretary (By Telephone) Assistant Secretary (By Telephone) Vice Chairman (By Telephone) Also present were: James P. Ward Assistant Manager (By Telephone) Bruce Anderson Attorney (By Telephone) FIRST ORDER OF BUSINESS Roll Call Mr. Ward called the meeting to order at 11:00 A.M. and stated all Board members are present by telephone with the exception of Supervisor Stanley who is absent at roll call. Mr. Ward stated the primary purpose of your meeting today is to continue it to a date and time certain primarily due to the fact that U.S. Home Corporation will be completing its Phase 2 infrastructure construction and has asked if the District would be in a position to acquire and then to fund those facilities to U.S. Home before the end of this calendar year. I spoke with Mr. McAnly, the Engineer of Record, earlier and I know that he is working on that Acquisition Agreement and also to Mr. Anderson who will need to work on the documentation for the District for the acquisition of those facilities. Accordingly what Staff is recommending to you is that we continue your Board meeting until Wednesday, December 3rd at eleven o'clock at Young, van Assenderp & Varnadoe's office for the purpose of considering the doc,,mentation necessary to acquire those facilities from U.S. Home. Those are all of the comments I had in preliminary form for you and if the Chairman has anything additional he would like to add, it would be appropriate to do so. November 24, 1997 Mr. Comeau stated if there is no other District business I would like to make a motion to continue this meeting to December 3rd at 11:00 A.M. at Young, van Assenderp's office. IOn MOTION by Mr. Comeau seconded by Mr. Agnellili with all in favor the meeting was continued to Wednesday, December 3, 1997, at 11:00 A.M., at the office of Young, van Assenderp & Varnadoe. ec meS P. Ward retary Peter Comeau Chairman AGENDA NAPLES HERITAGE COMMIJNTTY DEVELOPMENT DISTRICT Monday November 24, 1997 11:00 A.M. Young, Van Assenderp & Varnadoe 801 Laurel Oak Drive Suite 3OO Naples, Florida Roll Call Consideration of Acceptance of Phase 2 Infrastructure Improvements and Reimbursement to U.S. Home of Construction Costs Staff Reports A. Attorney B. Engineer C. Manager Supervisors Requests and Audience Comments Adjournment NapLes DaiLy News NapLes, FL 339~0 Affidavit of Publication Naples Daily Nevs NAPLES HERITAGE COMMUNITY DEVELOPMENT 0ISTRICT 10300 NV 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 052512 57594897 NOTICE OF MEETZNG NA State of FLorida County of CoLLier 8afore the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Nears, a daily neuspaper published at Naples, in Collier County, FLorida: that the attached copy of the advertising vas published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Nevs is a nevspaper published at Naples, in said Collier County, FLorida, and that the said nevspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class .ail matter at the post office in Naples, in said Collier County, FLorida, for a peric~ of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUSLISHE0 ON: 11/17 A0 SPACE: 63.000 INCH FILED ON: 11/17/97 0120,0T OF MEETING NOTIC. E OF ~ETING NAJ:~t-ES HF. RITAGE CO~UNITY D~LOP~NT DISTRI~ C~mun~ ~ve~me~ ~o~y, Novem~r 24. L~el O~ Drive. L~ f~ Commun~ D~ ~y ~ r~lrl~ m~ E~ ~ ~o ~1~ ~ by ~e ~d ~ re.ed ~ ~y m~er ceedlngs Is mode, Novem~r 17 No. Signature of Affiant ,.') '"'~ Sworn to and Subscribed before me this :'~' ." , ,~"': / PersonaLly known by me / ' ';" . . 16G MINUTES OF MEETING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held Monday, October 27, 1997 at 11:05 A.M. in the offices of Young, Van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida. Present and constituting a quorum were: Peter Comeau John J. Agnelli John F. Stanley Ray Miller Alan Burns Chairman Assistant Secretary Assistant Secretary Assistant Secretary Vice Chairman Also present were: James P. Ward Bruce Anderson Bill McAnly Assistant Manager Attorney Engineer FIRST ORDER OF BUSINF_E~ Roll Call Mr. Ward called the meeting to order at 11:05 A.M. and stated all Board members are present with the exception of Mr. Burns who is absent at roll call. SECOND ORDER OF BUSINESS Approval of the Minutes of the September 22, 1997 Meeting Mr. Ward stated that each member of the Board had received a copy of the minutes of the September 22, 1997 meeting and requested any additions, corrections or deletions. Mr. Miller stated the first page indicates that I was present by telephone but I was present personally. The header on each subsequent pages indicate a July 28, 1997 meeting and that should be changed. On page 3, I think I asked the questions rather than Mr. McAnly. liOn MOTION by Mr. Agnelli seconded by Mr. Stanley[[ [with all in favor the minutes of the September 22, 199711 [.[meeting were approved as corrected. 16G October 27, 1997 TIIHID ORDER OF BUS~ Consideration of Conveyance of Final Deed of Conservation Easement to the S.F.W.NI.D. FOURTH ORDER OF BUSINg..qS Consideration of Transfer from U. S. Home to the District the S.F.W.M.D. and C.O.E. Permits Mr. Ward stated item three is consideration of the conveyance of the Final Deed of Conservation Easement to the S.F.W.M.D. The record will reflect that Mr. Burns has joined the meeting. Mr. Anderson stated I wrote Mr. Kushner who prepared the documents and raised some questions but have not yet received a response. Have we received certifications? Mr. Comeau asked can you convey the easement before the S.F.W.M.D. accepts? We can't transfer to the C.D.D. until the S.F.W.M.D. accepts the construction which they have not done yet. I don't know that you can convey these yet. Mr. Ward stated you can convey the fee title to the property to the C.D.D. prior to its acceptance by the S.F.W.M.D. Mr. Comeau stated we can't get the permit from U. S. Home's name into the C.D.D. until it has been accepted. We discussed this at length with S.F.W.M.D. and they said that they won't transfer it until they have accepted it and they haven't accepted it yet. Mr. McAnly stated my understanding is that all cross sections and all information that is applicable for the acceptance of the water management system as permitted has been signed off by local district staff. The packet has been submitted to West Palm Beach who is running two to three months behind in processing documentation. According to Heidi Schloss who coordinates the acceptance and processing of the permits is that there are no exceptions to our request for certification or acceptance by the S.F.W.M.D., it is just their time frame in filing it. Mr. Stanley asked do we own the land on which the easements sits or does the Developer own it? It is dedicated on the plat but there was a question raised by a title examiner. Mr. Anderson responded the dedication on the plat is not even to this District. Mr. Stanley asked how can we grant an easement? We don't have anything to grant. 2 October 27, 1997 Mr. Anderson responded we received a separate deed for the propcrty as part of the bond closing. It was originally supposed to be dedicated on the plat to Naples Heritage Golf and Country Club, Inc. I have asked of Mr. Kushner if it would be a good idea to get a deed from that group to the District. I haven't received a response to that question or a deed. There was also a minor title problem with one of these tracts and I haven't received confirmation that the District got title to that area which is called C5 after the title problems were cleared up. Mr. Comeau asked is that the one with the church? Mr. Anderson responded yes. Mr. Comeau stated that has been resolved. The update for your letter, your secretary informed me that you did not receive the formal packet from Mr. Kushner, he has the deeds and corrections to your letter which he is supposed to forward later this afternoon to me, upon which I will forward to you to make sure it meets the District's criteria for acceptance of transfer and your legal approval. Mr. Kushner who is an attorney for U. S. Home was here last week completing any and all outstanding title issues and prepared every and all legal documents for that conveyance. Once it is in legal form and is proper we do not want to record it until such time that the engineering certification is complete, once that is completed, it is a one page form that is easy to fill out and requires two things, (1) requires a U. S. Home representative sign off and U. S. Home also signs off the transfer of the permit to the District and the District will also have to sign off on it for acceptance. It is a one page form and there is no fee associated with this activity. Attached to that will be the engineer's certification. That is an update as far as the S.F.W.M.D. permit is concerned. To move for~vard with the acceptance and processing of it, if the easement itself, the plat information and deed information is cleaned up and it meets our Attorney's review, upon receipt of the District's certification I am looking for the Board's permission to authorize me to sign as Chairman for this transfer. Nothing will be done until we get the certification, the transfer is complete and the deed and all documentation is aligned. Mr. Stanley asked why are we deeding instead of giving them an easement? Mr. Anderson responded it is called a Deed of Conservation Easement. I cannot answer that question. I don't know why it is structured this way. Mr. Stanley asked is it an easement or a deed? Mr. Anderson responded it is an easement. 3 October ~.?, 1997 1 6 G ~.: ~ Mr. Stanley stated I don't have a problem approving easements. I have a problem giving away land. Mr. Comeau stated the S.F.W.M.D. has a standard format for easement acceptance. We have added additional language to that easement, mainly because of the intent that it is for passive recreation which was included in our PUD documents. Passive recreation and in the original easement, were to be no nature trails, no educational trails and some of the off-site property we didn't go through the expense of constructing lakes and we wanted to put in a walkway so that during the winter months people could go through. The only language change in the conservation easement as proposed by S.F.W.M.D. is on that passive recreational component. [On MOTION by Mr. Stanley seconded by Mr. Agnelli[[ [with all in favor the easement was granted to[[ [S.F.W.M.D. upon approval by Mr. Anderson of the final[[ [document. FIFrH ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. B. ~n~neer There not being any, the next item followed. C. Manager There not being any, the next item followed. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Comeau stated U. S. Home is completing the construction of all vf Phase 2. When we left off with Phase 1 it was a 66 unit duplex tract called Kilkenney that the water, sewer, road infrastructure is being completed. Pressure testing and inspection of the sewer system has been completed. The only requirement left is the bacteriological tests and final release from D.E.P. for placement in service. The balance of Phase 2 of Heritage Drive which is 1.8 miles of roadway system and Stoneybrook condominium tract will be completed by November 15. The reason this is important to the Board is the balance of the site except for Arbor Lakes condominium tract of 156 units with the remaining for requirement of water, sewer and infrastructure to be put in. Naples Heritage for all practical purposes will be completed by November 15, except for the Arbor Lake 4 tract. Therefore, U. S. Home will be presenting to this Board for distribution the balance of the funds required for the engineer to certify works completed to date of the $1.8 Million outstanding. At our next Board meeting it is anticipated that the request will be forwarded and I would like the District Manger, District Attorney and District Engineer make sure that the paperwork is in to facilitate that transfer and certification of completion of works. So far at Naples Heritage we anticipate going forward by the end of this year to have over 500 sales. We are looking to close over 300+ units this year. We anticipate this coming season to be our last in the project. All condominium tracts are anticipated to be sold out this year with the balance of clean up next year of the single family. It is moving along and the success of the project is excellent and I wanted to apprise the Board of what will be required at the next meeting. iOn MOTION by Mr. Agnelli seconded by Mr. Miller with lall in favor the meeting adjourned at,11:20 A.M. Jame~ P. Ward / Seer(tary Peter Comeau Chairman 5 AGENDA NAPLES HERITAGE COIvLMUNITY DEVELOPMENT DISTRICT 16G Monday October 27, 1997 11:00 A.M. Young, Van Assenderp & Varnadoe 801 Laurel Oak Drive Suite 300 Naples, Florida Roll Call Approval of the Minutes of the September 22, 1997 Meeting Consideration of Conveyance of Final Deed of Conservation Easement to the S.F.W.M.D. Consideration of Transfer from U. S. Home to the District the S.F.W.M.D. and C.O.E. Permits Staff Reports A. Attorney B. Engineer C. Manager Supervisors Requests and Audience Comments Adjournment NapLes DaiLy Mews Naples, FL 339~,Q Affidavit of PubLication NapLes DaiLy Heys 16G NAPLES HERITAGE CONMUNITY DEVELOPMENT DISTRICT 10300 NU 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 052512 57579894 NOT[CE OF MEETING NA State of Florida County of ColLier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily news, a daily nu,spaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 10/20 N'O~EETING NAPt. ES HER ITAC.~ COMMUNITY DEVELOPMENT DL~TRICT of the Noole$ Hart/age Community De'~eloomeflt Dlslrlct will be held .~0 AJ~ at/he offices ~ v(~'nacloe, 101 Laurel ~ak. Drive, Suite 300, aple$o Florida. The mee~ng Is c~3en fo /he PuOllc ond will be duc'tt, d In o<:cordonce /he provisions of KIQrtCIQ Low loc' Communl?v, De- ve4oomenf DlsW'IcI~ pate by telephone. At fine a~:x)vs Iocatlofl /he~'e will be Present o ~ e~ tele- OhO~e so tha~ a~y Inter. ~he meeting of /he at~ve ~ and be fully In- .fo~..mad .of the dl~usslons lng P~ce either In son De b~ telelae~ne cmn. m unicatk~. I An.¥. l~'~on reQulrfng j soecrol occomrfloda~o~ at I this meeting becouse of a cllsat)ll~y o~ phy~ col Ira- me OIs/rlct Office 75~.03ao at lea~t five-col; £och mas'son who decld. mode by the Board re~oec~ ~o ony onto record Of /h~ pro- gly~ the p~rsorl ~ to e~re o~nm..record of th~ ceeolnOs 15 mods, Inc[uc:lln. g the testlmoe~ arc ev~ence u~cm whlc~ ~,~d. aopeal Is to be C)ct~r 20 No. 1083277 AD SPACE: 65.000 INCH FILED ON: 10/20/97 Signature of Affiant Sworn to and Subscrib~ before me this , day of : 19 Personally known by me ~ ' " MINI. rrES OF MEE"IUNG NAPI.~,S HERITAGE CO1ViM'UN1TY DEVELOPMENT DISTRICT The recessed meeting of the Board of Supervisors of the Naples Heritage Community Development District held on Monday, November 24, 1997 was reconvened on Wednesday, December 3, 1997 at 11:00 A.M. at Young, Van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida. Present and constituting a quorum were: Peter Comeau Alan Burns John Stanley Chairman Supervisor Supervisor (by telephone) Also present were: James P. Ward Bruce Anderson Gina Green John Campbell Alice Carlson District Staff Attorney McAnly Engineering U.S. Home District Staff FIRST ORDER OF BUSINESS Roll Mr. Ward called the meeting to order at 11:30 A.M. and stated that Supervisors Comeau, Burns and Stanley were present at roll call and Supervisors Miller and Agnelli were absent. SECOND ORDER OF BUSINESS Consideration of Acceptance of of Phase 2 Infrastructure Improvements and R~mbursement to U~.q. Home of Consf:rucfion Co,;ts Mr. Ward stated the purpose of your meeting today was to consider the acquisition of certain facilities from the Primary Developer U.S. Home Corporation and to accept those facilities and to reimburse the Developer for the cost of the acquisition of those facilities. With that, I will let our Engineer and Mr. Anderson or Mr. Comeau take the opportunity to go through that. Mr. Comeau stated we have been presented today with an Engineer's Report for the Naples Heritage Community Development District and the Repert outlines exactly what our District's projected costs are, what our District lands are and what services are being provided by the District. To that end, the Report December 3, 1997 summarizes the Community Development District Phase 2 costs in which those reimbursement costs have been submitted and processed to McAnly Engineering to substantiate that. In the back of the Report for Phase 2, on page 2, Table 1 outlines the infrastructure costs that have been laid out by U.S. Home for the development of Naples Heritage and with that, Gina Green is representing McAnly Engineering today and she could go through those costs and the total dollar amounts. Once we go through it, I will be happy to forward this to Mr. Stanley. I am looking for a motion for acceptance of these assets and there are a few cleanup issues as far as easements that need to be done and upon the completion of some of these easement documents which Mr. Anderson will go through and with approval by this Board for reimbursement of these infrastructure costs authorization from the Board to have the Chairman execute the appropriate documentation. With that, I will turn it over to Ms. Green. Ms. Green stated going through the actual contracted amounts of infrastructure that is actually in the ground and a few items that are under contract that are to be completed, to date the project is about 85% complete. The remaining 15% are items that will be taken care of, such as second lifts of asphalt upon completion of the final phase and one condominium tract that is in the midst of being approved within the next Week for construction. Mr. Comeau stated that is actually contracted for. Ms. Green stated that is correct. It has been contracted for and we are just waiting for approval from the County. For the roadway infrastructure, we are looking at $1,313,000.00; for utilities, which include water, sewer and irrigation, we are looking at S952,000.00; earthwork for some lakes that were dug in addition to what was already in in Phase 1, we are looking at S24,000.00. The water management to finish out the system in the constructed area presently, Sl18,000.00; parks and security, which is landscaping and park areas and security for the project is S88,000.00: wetland mitigation, the continuing cleanup of all of the wetland areas to keep exotics growing, we are looking at $99,000.00; the professional tbes to do all of the engineering and construction is $160,000.00: there is miscellaneous which is described in the front of $102,000.00; and a contingency of..'3285,000.00 which comes to a total of S3,141,000.00. Mr. Stanley asked is that what the Budget called for to begin with? Ms. Green replied no, that is a little bit more just because at the time it wa.~ proposed, there were no actual drawings or designs done at that time, it was 2 December 3, 1997 1 6 ~ i ' projected at $96,000.00 and these are the actual contracted amounts to finish out the project. Mr. Corn,mu stated these are moneys spent and contracted for, and are real numbers. Mr. Stanley stated these are what we paid contractors to do the job. Mr. Comeau stated Mr. Anderson brought to my attention that there is some miscellaneous cleanup required and I would like to make sure that we get those in the record for authorization. Mr. Anderson stated we are going to need some additional conveyances from Naples Heritage Golf and Country Club, Inc. who is shown on the plat fo,' Phase 2-A as the recipient of dedications for road rights-of-way, drainage easements and some of these other items. We are going to have to have these conveyed from the Country Club to the District and that includes T~act J-4, all drainage easements; Tract R and of course I have provided Ms. Green with a copy of the certification that the District Engineer provided last year for the costs and they will need to also si~ that certification that is required by the Acquisition Agreement. I have discussed with Ms. Green exactly what we are going to need to get from the County Club and/or U.S. Home and/or Mr. Quinby. Part of this motion should include acceptance of these facilities and the ease~nent and/or t~e simple interests and also needs to include authorization for the Distt'ict to convey to Collier County all the utility dedications that the County is going to require £or water and sewer. Mr. Ward stated the most important thing is to authorize the payment to U.S. Home in the amount of $3,141,000.00 for the acquisition costs of tbe..~e facilities. Mr. Comeau stated I move for approval of Phase 2 construction and acceptance for Naples Heritage and acceptance of the construction costs and reimbursement to the Developer in the amount of $3,141,000.00, also authorization for the Chairman to certify and accept said facilities and to allo~v easements and fee simple to be transferred together with any and all utility conveyances to Collier County or any other governmental agencies as would be so appropriate and deemed necessary. 3 December 3, 1997 On MOTION by Mr. Comeau seconded by Mr. Stanley with all in favor the Phase 2 Construction was Approved and Accepted and the Construction Costs were Accepted and Reimbursement to U.S. Home Corporation in the amount of $3,141,000.00 was Approved and the Chairman was Authorized to Certify and Accept said Facilities and to Allow Easements and Fee Simple to be Transferred together with Any and All Utility Conveyances to Collier County or any other Governmental Agencies as would be appropriate and deemed necessary. Mr. Comeau stated we were supposed to have a meeting in December. I see no reason to have it. We will therefore cancel our regularly scheduled meeting for December. The consensus of the Board was to cancel the regularly scheduled December meeting and there being no further business to come before the Board, the meeting was adjourned at 11:40 A.M. S~cretary Peter Comeau Chairman 4 AGENDA NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 1; Wednesday December 3, 1997 11:00 A.M. Continued from November 24, 199'/ Young, Van Assenderp & Varnadoe 801 Laurel Oak Drive Suite 300 Naples, Florida Roll Call Consideration of Acceptance of Phase 2 Infrastructure Improvements and Reimbursement to U.S. Home of Construction Costs St~fl' Reports A. Attorney B, Engineer C. Manager Supervisors Requests and Audience Comments Adjournment I ! I I I I I I I I I I I I I I I I ENGINEER'S REPORT FOR TiIE NAPLES IIERITAGE COMM UNITY DEVELOPMENT DISTRICT PREPARED FOR: BOARD OF SUPERVISORS NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT ENGINEERS: McANLY ENGINEERING AND DESIGN, INC. 5 ! 01 EAST TAMIAMI TRAIL SUITE 202 NAPLES, FLORIDA 34113 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES 2424 RESEARCH PARKWAY SUITE 275 ORLANDO, FLORIDA 32826 NOVEMBER 1996 REVISED: DECEMBER 1997 16G I I I I I SECTION 2. 3. 4. 5. TABLE 1 TABLE 2 TABLE 3 EXHIBIT A APPENDIX APPENDIX TABLE OF CONTENTS INTRODUCTION DISTRICT BOUNDARIES AND PROPERTIES SERVED PROPOSED DISTRICT INFRASTRUCTURE OPINION OF PROBABLE CONSTRUCTION COSTS PERMITS TABLES LAND USE SUMMARY SUMMARY OF OPINION OF PROJECT INFRASTRUCTURE SUMMARY OF OPINION OF DISTRICT INFRASTRUCTURE PROBABLE COSTS FOR THE PROBABLE COSTS FOR THE EXHIBITS 16G PAGE NO. 3 5 8 I1 13 3 !1 12 PUD ZONING AND CURRENT CONSTRUCTION WITHIN 7 DISTRICT BOUNDARIES AND PROPERTIES SERVED SUPPLEMENTAL ENGINEER'S REPORT PHASE ONE 14 SUPPLEMENTAL ENGINEER'S REPORT PHASE TWO 18 I I I I I I I I I I I I I I I I I I I 16G NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT ENGINEER'S REPORT 1. INTRODUCTION 1.1 Description of Naples lleritage Community Development District The community development served by the Community Development District is located in Collier County, Florida lying within Sections 3, 4, 9 & 10, Township 50 South, Range 26 East and more precisely being South &Davis Boulevard and East of County Road 951. The development has entrances on both Davis Boulevard and County Road 951. The Davis Boulevard entrance was designed to align with the proposed lsleswonh Community. The completed subdivision will contain a maximum 799 dwelling units. The project has a mixture of single and two family units, tv,o- story and four-story condominium units, a complete 18-hole golf course with aqua driving range, clubhouse facility, satellite recreation facilities, lake/water management system and conservation areas. The PUD was approved by the Board of Collier County commissioners on December 12, 1995. The PUD Master Plan was approved as the Subdivision Master Plan per tile PUD Ordinance 95-74. The Board of Collier County approved the establishment of the Naples Heritage Community Development District on September 24, 1996 and its boundaries are coterminous with those of the development. The community will be developed in two phases. Construction of Phase One improvements began in February 1996 and consists of infrastructure to serve 431 residential units. Construction &Phase Two is anticipated to start in January 1997. TABLE I RESIDENTIAL 77.08 13.8 GOLF 88.86 15.9 COURSE/CLUB/MAINTENANCE RIGHT-OF-WAY 37.24 6.7 PRESERVE 276.48 49.7 LAKES 74.75 13.4 PARK S 2.59 0.5 .-- . ........ ~~i!~55~:~001 1 I I I I I I I I I I I I I I I I I ! 16(~ 1.2 Purpose and Scope of the Report The purpose of this report is to provide a description of the Naples Heritage Community Development District, the capital improvements to be constructed and financed by the district and an apportionment of the costs for the capital improvements, and their operation and maintenance. The financing and assessment methodology will developed by the District's financial advisor. I I I I I I I I I I I I I I I I I ! _l DISTRICT BOUNDARIES AND PROPERTIES SERVED 2.1 District Boundaries Exhibit "A" delineates the proposed boundaries of the District. 'l"he District is surrounded by agricultural, residential, undeveloped, preserve and public land uses including State Road 84 to the Northwest and County Road 951 to the East; Naples National Golf Club and agricultural lands to the South and East; undeveloped residential and agricultural lands to the North; agricultural and public golf driving range to the West; and undeveloped residential to the South. 2.2 Description of Properties Served The District is located in Section 3.4, 9 and 10, Township 50 South, Range 26 East, Collier County, Florida. The District boundaries are under ownership by US }iome Corporation and Clyde Quinby, Trustee The existing land ~vithin the District consists of wetlands and forested open space The terrain is flat with elevations ranging From 9 to il feet NGVD Ground water is generally at or above natural ground to one foot below natural ground during the wet season. The dry season ~vater table may drop up to 5 feet The entire property within the District is zoned "Planned Unit l)evelopment" (PUl)) and is depicted on Exhibit "A" 2.3 Existing Infrastructure The District is located within the Collier County Water-Sewer District which provides water, wastewater and irrigation services to the community. The Collier County Board of County Commissioners serves as Ex-Officio governing board of the Collier County Water-Sewer District Potable water for the community will be provided by connection to and extension of existing Collier County Water-Sewer District water mains. There is an existing 16' main located in the State Road 84 right-of-way and an existing 20" main located in the County Road 951 right-of-way The potable water is provided by the Collier County Regional Water Plant. Wastewater from the community will be collected within the site and pumped via force mains and pumping stations to the master pump station located in the easterly portion of'the site. This master pump station then pumps via a 10" force to an existing 12" Force main located in the County Road 951 right-of-way to the South County Regional Wastewater Treatment Facility Irrigation water service will be provided by the Collier County Water-Sewer District when reclaimed water becomes available from the South County Regional Wastewater Treatment Facility. Effluent mains have not been extended to the community at this time. When said mains are extended, the irrigation lake will serve as an effluent storage pond. On-site pumping and storage facilities will supplement the effluent system. The District is located within the Lely Canal Drainage Basin with the receiving body being the Lely Canal. This system then discharges to coastal basins to the south of US 41. The District is adjacent to two major arterial roadways. State Road 84 to the northwest and County Road 951 to the east. The District will have a major connection at each of these arterials. The District is located within the franchise areas of Florida Power and Light and Sprint United Telephone of Florida. Cable service is available from Continental Cablevision. These utilities are expected to provide electrical power, telephone service and cable television to the District. All utilities are available to the property or will be during the development of the infrastructure. I I I I I I I I I I I I I I I I PROPOSED DISTRICT INFRASTRUCTURE 3.1 Summary of the proposed District infrastructure The District infrastructure will generally consist of the following: · Roadways · Utilities · Earthwork · Water Management · Parks and Security · Wetland Mitigation · Professional Services · Miscellaneous Costs 3.2 Roadways The roadways within the District will consist of two-lane undivided and 4-lane divided sections. The roadways will provide 'access to the various land uses within the District and will connect to the existing public roadways which border the District, The roadways will be constructed with platted rights-of-ways or access easements. Presently there are four miles of roadway proposed for construction. The roadways will constructed of stabilized subgrade, limerock base, asphalt paving, curbing and gutter, sidewalks, signage and striping. The roadways will also include landscaping and streetlighting. The street lighting will be provided and installed by Florida Power and Light. The landscaping will be addressed in a subsequent section. The roadways will be designed and constructed in accordance with appropriate Collier County Subdivision and PUD Standards. 3.3 Utilities The utilities within the District will consist of potable water, wastewa~er collection/transmission and irrigation systems which will be designed and constructed in accordance with the appropriate Collier County Water-Sewer District and Florida Department of Environmental Protection standards. It is anticipated the potable water and wastewater collection/transmission systems will be conveyed by the District to the Collier County Water-Sewer District for ownership, operation and maintenance after completion of construction. The potable water facilities will consist of 8" and 10" distribution mains with ali required valves, fire hydrants and water services to individual lots and development tracts. Connections to the existing Collier County system will be located at State I I I I I I I I I I I I I I I I I I I Road 84 to the west and County Road 951 to the east. There will be approximately 22,000 linear feet of water main constructed. The wastewater facilities will consist ofgravity collection mains with individual lot and development tract services flowing to five on-site pumping stations, force mains connecting these station to the on-site master pumping station and a force main to connect to the existing Collier County system located in the County Road 951 right- of-way adjacent to the east property line of the community. It is estimated that 16,000 linear feet of gravity collection system and I0,000 feet of force main. The irrigation system will consist of an irrigation lake with recharge wells and pump stations to recharge the irrigation lake from the on-site water management lakes, an irrigation pumping station and irrigation distribution mains with services for lots, development parcels, roadways, landscaped areas and golf course playing areas and amenities The irrigation lake will become a reclaimed water storage facility when Collier County can provide reclaimed water to the community. Presently a reclaimed water main is installed from the State Road 84 entrance to the irrigation lake. This main will connect to the Covnty system when that system has been extended to the community Approximately 30,000 linear feet of irrigation main will be constructed. 3.4 Earthwork and Clearing Stormwater management, irrigation and park amenity lakes within thc District ,,viii bc excavated and the material will be used for fill of roadways, golf course construction and development tracts. It is necessary to fill these components to provide minimum finished elevations for typical storm events and flood protection Also due to unsuitable material located at the substrata of the community, rock burial zones have been utilized where possible in the community to generate suitable fill for the community. The lakes will be excavated in accordance with the size and depth requirements of Collier County Land Development Code and South Florida Water Management District. Approximately 74 acres of lakes will be excavated resulting in approximately 1.5 million cubic yards of material. All material will remain on-site for construction of proposed infrastructure. 3.5 Storm water Management The District stormwater management system consists of excavated stormwater management lakes, drainage pipes, catch basins, swales, berms and water control structures Stormwater runoff from within the District will be collected and conveyed to the stormwater management lakes for water quality treatment and quantity storage The stormwater will discharge from the six water control structures to spreader swales I I I I I which discharge to overland flow through the conservation areas to the south and west. The stormwater management will be designed and constructed in accordance with South Florida Water Management District standards for water quality treatment, quantity storage and flood protection. 3.6 Parks and Security Landscaping will be provided in park areas, roadways, perimeter monument walls and District entrances. Landscaping will consist of sod, annual flowers, shrubs, ground cover, littoral plantings in lakes and trees. Existing vegetation will be utilized where possible. Security for the district will be provided with a manned guardhouse at the State Road 84 entrance, electric gatehouse at the County Road 951 entrance, entrance walls and berms located along adjacent public rights-of-way and fencing along the southerly perimeter of the community. These facilities will be landscaped to blend into the community and its environment. 3.7 Wetland Mitigation The wetland mitigation within the District will consist of the construction and planting of aquatic littoral zones in the stormwater management lakes, removal of exotic plant species from the preserve areas and restoration and enhancement of the wetland hydroperiods within the wetland preserves and wildlife management areas 3.8 Professional Services The professional services for design and construction of all components within the District consist of engineering of walls and structures for security, roadways, utilitios, soils investigation and testing, landscape design, environmental consultation and construction services for inspection of infrastructure during construction. 3.9 Miscellaneous Costs These costs include permitting fees for construction of required District infrastructure, bonding for these facilities, construction inspection services and formation of the District. 1996 GOL; iZi~,u~SE ~D PHASE ON[ INFI~ASTRUCTURE COMPLETED -'S r.,~ OCTOB[~ 1996 PHA~[ 'tWO It,,F~Sm'uCTu~[ TO BE COMPLETED ~'lOVg~E~ tg96 TO OECE~OER IggY' ~o.: McANLY ENGINEERING NAPL)~ H£PJTAC.£ COI~)~UNITY DEVf3JDPM£NT I)ISTRICT III NAPLES HERITAGE GOLF & COUNTRY CLUB PROJECT k{AP s,o, rA=A. m~~ lAS,. S~,~[ 202 EXHIBIT "A" 10 I I I I I I I I I ! I I I I i I I I I OPINION OF PROBABLE CONSTRUCTION COSTS An opinion of probable costs in 1996 dollars for the District infrastructure is represented in Table 1. The District will be financing the proposed infrastructure The total includes a 10% contingency for the entire costs of District infrastructure All costs are represented in 1996 dollars. The professional fees consist of land surveying and engineering of infrastructure, environmental permitting, landscape design, miscellaneous structural engineering, soils investigation and testing, and engineering construction services that are necessary for the design, permitting and services during construction of the District infrastructure. The miscellaneous costs consist of permitting fees, bonding, construction engineering inspection services and Community Development District formation that are necessary during construction of District infrastructure The costs do not include the legal, administrative, financing, operation or maintenance services necessary to finance, construct and operate the District infrastructure It is my professional opinion that these costs are reasonable for the quality of work performed. TABLE 2 (in thousands of dollars) Project Infrastructure Costs $ 20.21 I Amount Spent to Date $ 18,229 District Improvement Spent to Date $ I 1,21 I District Improvements Phase Il $ 1.982 Il I I I I i .TABLE I SUMMARY OF THE OPINION OF PROBABLE COST FOR NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT INFRASTRUCTURE COST (in thousands of dollars) ROADWAY $ 1.104 $ 676 $ 1.780 UTILITIES $ 2,102 $ 702 $ 2,804 EARTHWORK $ 4,853 $ 0 $ 4,853 WATER MANAGEMENT $ 598 $ 67 $ 665 PARKS AND SECURITY $ 790 $ 175 $ 965 WETLAND MITIGATION $ 513 $ 0 $ 513 PROFESSIONAL FEES $ 418 $ 143~ $ 561 MISCELLANEOUS $ 283 $ 69 $ 352 CONTIGENCY $ 1,100 $ 150 $ 1,250 '~"~'~?:~'~¥~t!~=~f'~3~.. ~!! $ 11,761 $ 1,982 $ 13,743 i I I I I I Note These amounts are represented m 19cJ~ dollars 12 I I I I I I I I I I I I I I I I I I I · · · · · · Permits Permits for construction are required prior to the commencement of infrastructure improvements. These permits include the following: Local zoning approval. Army Corps of Engineers Dredge and Fill Permit. South Florida Water Management District Surface Water and Water Use Permit. Environmental Protection Agency NPDES. Local Development orders by Collier County Florida Department of Environmental Protection Water and Wastewater Construction Permits. All approvals and permits have been obtained for the golf course construction and Phase One infrastructure. The Phase Two Construction plans are presently in for review with Collier County and will be approved in November 1996. All necessary permits for construction of Phase Two will be obtained in December 1996. The District Engineer will certify that all permits necessary to complete Phase ! have either been obtained or, in his professional opinion, will be obtained and that there is no reason to believe that the necessary permits cannot be obtained for the entire development. I I I I I I I I I I I I I I I I I I I ENGINEER'S REPORT FOR THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT PHASE ONE PKEPAKED FOR: BOAP~ OF SUPERVISORS NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT ENGINEERS: McANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAMIAMI TP,~AIL SUITE 202 NAPLES, FLORIDA 34113 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES 2424 RESEARCH PARKWAY SUITE 275 ORLANDO, FLORIDA 32826 NOVEMBER 1996 14 I I I I I I I I I I I I I I I I I I INTRODUCTION This report supplements the original District Engineer's report for the Naples Heritage Community Development District by providing a description of the Phase One improvements. The original Engineer's Report includes a description and opinion of costs for the infrastructure necessary to complete the entire Naples Heritage community, the following supplemental report describes the infrastructure and opinion of costs necessary to complete Phase One of the project. THE PHASE ONE PROJECT 2.1 The location of Phase One is shown on Exhibit "A". The infrastructure construction within Phase One began in February 1996. Phase One is decried in the original Engineer's Report and will be funded by the District through a bond anticipation note. Phase One will generally consist of the following: · Roadway · Utilities · Earthwork · Water Management · Parks and Security · Wetland Mitigation · Professional Fees · Miscellaneous Costs A detailed description of contents of each infrastructure category is attached in this report. 2.2 The location of the Phase One improvements is shown by the shaded areas on Exhibit A. This represents the extent of the work completed as of October 1996, The unshaded area represents the extent of the community development infrastructure to be completed between January 1997 and December 1997. The Early Work Authorization for the construction of the golf course and water management system was approved on February 2, 1996. Construction commenced immediately and these improvements are 98% complete. Naples Heritage Golf & Country Club Phase One was approved for construction April 15, !o96. Construction commenced immediately and the status of construction of these improvements is as follows: underground utilities are 95% complete, roadway and right-of-way improvements are 50% complete. Completion and acceptance of these facilities will be conveyed in two phases. Phase One-A will consist of approximately I I I I I I I I I I I I I I I I I I 50% of the project and is scheduled to be completed and conveyed to the applicable governments (County or District) by mid-November. Phase One-B will be completed and conveyed to the same approximately mid-December. Engineering and design of Naples Heritage Golf & Country Club Phase Two is complete and awaiting Collier County Engineering Review Services approval. Proposed approval date is mid-November. Construction is proposed to commence January 1997. 2.3 OPINION OF COSTS 2.4 An opinion of costs in 1996 dollars for the Phase One project is given in Table I. The figures are based on actual contract amounts with the infrastructure contractors for the work presently completed. The total cost for the entire project is $20,210,636. The Community Development District funded portion of this total is $13,743,000, which represents 68% of the total cost. The Phase One project is $1 !,761,000 which represents 58% of the entire project and 85% of the District Improvements. It is my professional opinion that these costs are reasonable for the quality of work performed. PEKMIT Permits for construction are required prior to the commencement of infrastructure improvements. These permits include the following: Local zoning approval. Army Corps of Engineers Dredge and Fill Permit. South Florida Water Management District Surface Water and Water Use Permit. Environmental Protection Agency NPDES. Local Development orders by Collier County Florida Department of Environmental Protection Water and Wastewater Construction Permits. All approvals and permits have been obtained for the golf course construction and Phase One infrastructure. The District Engineer will certify that all permits necessary to complete Phase One have either been obtained or~ in his expert opinion, will be obtained and that the~e is no reason to believe that the necessary permits cannot be obtained for the entire development. I I I I I I I I I I I I I I I I I I 16G TABLE I SUMMARY OF THE OPINION OF PROBABLE COST FOR NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT PHASE ONE INFRASTRUCTURE ROADWAY COST (in thousands of dollars) $ 1.104 $ 2.102 UTILITIES EARTHWORK $ 4,853 WATER MANAGEMENT $ 598 PARKS AND SECURITY $ 790 WETLAND MITIGATION $ 513 PROFESSIONAL FEES $ 418 MISCELLANEOUS $ 283 CONTIGENCY 1.100 !~''' .... ~.~*...:~..,;.,~ ..~. ~,, · > , ,. , :, ~,.- , .. ~ 1,7 S 1 Note These amounl$ are represenled ~n 19"J6 dotlat~, 17 1 I I I I I I I I I I I I I I I I I I I ENGINEER'S REPORT FOR THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT PIIASE TWO PREPARED FOR: BOARD OF SUPERVISORS NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT ENGINEERS: McANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAMIAMI TRAIL SUITE 2O2 NAPLES, FLORIDA 34113 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES 2424 RESEARCH PARKWAY SUITE 275 ORLANDO, FLORIDA 32826 DECEMBER 1997 18 I I I I I I I I I I I I I I I I I I I 16G INTRODUCTION This report supplements the original District Engineer's report for the Naples Heritage Community Development District by providing a description of the Phase Two improvements. The original Engineer's Report includes a description and opinion of costs for the infrastructure necessary to complete the entire Naples Heritage community. The following supplemental report describes the infrastructure and opinion of costs necessary to complete Phase Two of the project. THE PHASE ONE PROJECT 2.1 The location of Phase Two is shown on Exhibit "A". The infrastructure construction within Phase Two began in April 1997. Phase Two is descried in the original Engineer's Report and will be funded by the District through a bond anticipation note. Phase Two will generally consist of the following: · Roadway · Utilities · Earthwork · Water Management · Parks and Security · Wetland Mitigation · Professional Fees · Miscellaneous Costs A detailed description of contents of each infrastructure category is attached in this report. 2.2 The location of the Phase Two improvements is shown by the shaded areas on Exhibit A. The Phase Two improvements consist of three sections: Phase Two main infrastructure, Stoneybrook Condominium & Arbor Lakes Condominium. The unshaded area represents the extent of the completed portions of the community development infrastructure. The Naples Heritage Golf Course and Phase One improvements are complete as of December 1997. Naples Heritage Golf & Country Club Phase Two main infrastructure was approved for construction April 3, 1997 Construction commenced immediately and the status of construction of these improvements is as follcws: underground utilities are 99% complete, roadway and right-of-way improvements are 95% complete. Completion and acceptance of these facilities were conveyed in two phases. Phase Two-A consisted of approximately 10% of the project and was 19 I I I I I I I I I I I I I I I I I I I 16G conveyed to the applicable governments (County or District) in mid-September. Phase Two-B will be is completed and will be conveyed to the same approximately mid-December. Stoneybrook Condominium was approved for construction April 24, 1997. Construction commenced immediately and the status of construction of these improvements is as follows: underground utilities are 99% complete, roadway and right-of-way improvements are 95% complete. Stoneybrook Condominium will be completed and conveyed to the applicable governments in mid-December. Arbor Lakes Condominium will be approved in Early December for construction. Construction will commence immediately. Completion of infrastructure will be approximately three months. 2.3 OPINION OF COSTS An opinion of costs in 1997 dollars for the Phase Two project based on actual contract amounts with the infrastructure contractors for the work presently completed and/or contracted is given in Table I. The total cost for the entire Phase Two project as delineated is Table ! is $3,141,000. The Community Development District funded portion of this total is $3,141,000, which represents 100% ofthe total cost. It is my professional opinion that these costs are reasonable for the quality of work performed. TABLE I SUMMARY OF TilE OPINION OF PROBABLE COST FOR NAPLES IIERITAGE COM~IUNITY DEVELOPMENT DISTRICT PIIASE TWO INFRASTRUCTURE Roadway COST(in thousands of dollars 1,313 Utilities 952 Earthwork 24 i18 Water Management Parks and Security Wetland MitiE;ation Professional Fees 88 99 160 Miscellaneous 102 Continsenc~ TOTALS 285 3,141 I I I I I I I I I I I I I I I I I I I 2.4 16G PERMIT Permits for construction are required prior to the commencement of infrastructure improvements. These permits include the following: Local zoning approval. Army Corps of Engineers Dredge and Fill Permit. South Florida Water Management District Surface Water and Water Use Permit. Environmental Protection Agency NPDES. Local Development orders by Collier County Florida Department of'Environmental Protection Water and Wastewater Construction Permits. All approvals and permits have been obtained for the Phase Two and Stoneybrook infrastructure. The District Engineer will certifiy that all permits necessary to complete Phase Two have either been obtained or, in his expert opinion, will be obtained and that there is no reason to believe that the necessary permits cannot be obtained for the entire development. 21 ; I I I I I I I i I EXHIBIT "A" I,-o,,: McANLY ENGINEERING OESC~IP~ION: ~[~, ~.C, ~ ~.~ PROJECT MAP s~o~ ~.~s. ~o,¢*sr'~s~s~[ ~o~ 16G 1', MEMORANDUM Misc. Correspondence Agenda Date__ Agenda Item TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department March 20, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Collier Soil and Water Conservation Pursuant to Florida Statutes Chapters 189 and 190, the Collier Soil and Water Conservation has submitted the following: (a) Budget for 1998 (b) Schedule of Regular Meetings for 1998 Thank You. :~spectal~special Copies To: Collier Soil and Water Conservation District Agr~ul~ure Center, 14700 Immokalee Road - Naples, FL 33964-1468 Phone (941) 455-4100. FAX (941) 455-2693 November 21, 1997 Mr. Derek M. Johnssen General Accounting Manager Clerk of Circuit Court Finance Department 2671 Airport Road, Court Plaza III Naples, Florida 34112 Dear Derek: Enclosed you will find an amended budget and an accompanying letter, as well as a letter advising of the Board of Supervisor's schedule of regular meetings (unchanged from last year). According to my records, all of the required reports have been submitted from this office, but I would appreciate it if you could send me your "Acknowledgement of Receipt", indicating that you do have everything needed from us. Thank you. Sincerely, Karen Toner Administrative Assistant Enc. CONSERVATION - DEVELOPMENT . SELF43OVEflNMEN? L._ 16G ! Collier Soil and Water Conservation District Agriculture Canter, 14700 Immokalee Road - Naples, FL 33964-1468 Phone (941) 455-4100. FAX (941) 455-2693 November 21, 1997 Clerk of Circuit Court Finance Department 2671 Airport Road, Court Plaza III Naples, Florida 34112 Dear Sir or Madam: At the regular business meeting held on November 19, 1997, the Board amended the budget that was previously sent to your office. Enclosed you will find the budget which was approved as amended. Sincerely, Karen Toner Administrative Assistant CONSERVATION - DEVELOPMENT- SELF-GOVERNMENT - I III IIIIIIIIII I IIII 1 Collier Soil and Water Conservation District Agriculture Center, 14700 Immokalee Road. Naples, FL 33964-1468 Phone (941) 455-4100. FAX (941) 455-2693 Budget FY 1998 (Projected) Revenues Florida Assn. of Conservation Districts Collier Plat Directory sales Interim Soil Survey sales Total $53,500.00 1,200.00 1,000.00 $55,700.00 Expenditures Personnel-Office & Mobile Irrigation Lab Insurance Mobile Irrigation Lab supplies Office supplies, equipment service Florida Plats Dues Travel & Meetings Miscellaneous Total $40,000.00 2,500.00 5,000.00 3,000.00 720.00 1,200.00 1,000.00 2,280.00 $55,700.00 CONSERVATION . DE"VELO~=MENT . SELF-GOVERNMENT Collier Soil and Water Conservation District Agriculture Center, 14700 Irnmokalee Road - Naples, FL 33gF)4.14F:>8 Phone (941) 455-4100 - FAX (941) 455-2693 October 15, 1997 Clerk of Circuit Court Finance Department 2671 Airport Road, Court Plaza III Naples, Florida 34112 Dear Sir or Madam: The Collier Soil and Water Conservation District holds its regular business meetings on the third Wednesday of each month for fiscal year 1997-98. The meetings are held at the ~-Ga~Community Center at 4:00 p.m. /Sincerely'~7~ [\ Robert M. G~iffin Cha i r kt OON,~RVATION · DL='VELOF~ENT . SELF43OVERNMEN.' MEMORANDUM Misc. Correspondence Agenda Date ~ Agenda Item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager/~ ,~.. / Clerk of the Circuit Court/Finance Department [#]')~ v/'/, March 20, 1998 / Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. South Florida Water Management District Pursuant to Florida Statutes Chapters 189 and 190, the South Florida Water Management District has submitted the following: (a) 1997 Schedule of meeting for 1997 (b) Agendas from November 12, 1997 and December 9, 1997 (c) Comprehensive Annual Financial Report and Management Letter for fiscal year ended September 30, 1997 (d) A list of the District's Scheduled Governing Board Meetings (e) A map of the District which shows all county boundaries within the District (0 Public Facilities Report Update (g) Minutes from Governing Board Meeting for January and February 11, 1998 Thank You. :~.peciaAspecial South Florida Water Management District October. In accordance with the requlremenls of the Ur~lform Si:)~L<ial D~smcl Accounlabd~ty Act c~ 1989 the, atlached schedule of regular meehngs of the Governing Board of lhe South FJorJd,3 Water Managemenl District ~s prowded for your ,nformahon A A Bums Ass~slanl Secrela~ January 15.16 July 9-10 February 12-13 August 13.14 March 12-13 September 10.11 April 9-10 Oc, lob~,r ~ 9 May 14-15 Novem~r 12-~3 June lt-12 December ~0.1~ The Board conducts Pis workshop d~scuss~on on Wednesdays al g a m On Thursdays d cons,tiers regular bus~r~ss at 8:30 a.m. and regulatory matters at 2 p m All monthly Govemwng Board meetings wdl be held ~n the aud~tonum of O,str,ct Headquarters al 3301 Gun Club Road ,n West Palm Beach unless otherwise adverhsed '~- G()VfSRNING 15()ARI) MI-~I~TIN(i Open to thc/)ublfi' AGENDA GOVERNING BOARD WORKSHOP Wednesday, November 12, 1997 9:00 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, Florida CALL TO ORDER Note' Any item whict- appears on the Regular Meeting Agenda of Thursday, November 13, f997 may bo an item for dtscussion on this meeting agenda. In the event of emergency conditions due to an tmminent Tropical Storm or Hurn'cane, thts meeti~g may be conducted by teleconference in order to take actton on items hs;ed on the Thursday, November 13. 1997, meeting a2enda, mc/ud,,ng Regulatory items 1. Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. The Role of Research in Lake Okeechobee Vegetation Management Issues (30 min.) Dan Thayer, Director, Vegetation Management Division, Operations & Maintenance Department Chuck Hanlon, Staff Environmental Sdientist, Everglades Restoration Department 3. Overview of Procurement Redesign (30 min.) Jill Womble, Director, Enterprise Design, Office of Enterprise Engineering Governing Board Workshop November 12, 1997 Page #3 · Shallow Wetland Storage v. Storage in Lake Okeechobee and Water Conservation Areas · Discussion on: a) Water Conservation Area I Regulation Schedule b) Lower Levels in Lake Okeechobee · 20-Year Consumptive Use Permits · Costs and Funding of Water. Supply Development and Water Resource Development Projects Discussion 3:15 p.m. PUBLIC COMMENT 3:30 p.m. ADJOURNMENT (i()VERNING B()ANI) MEETIN(i ()pun to the l)ub/fi' GOVERNING BOARD WORKSHOP Wednesday, November 12, 1997 9:00 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, Florida CALL TO ORDER Note: Any item whic,'~ appears on the Regular Meeting Agenda of Thursday. November 13. 1997 may be an item for discussion on this meeting agenda. In the event of emergency conditions due to an imminent Tropical Storm or Hurncane, t/us meet ng may be conducted by teleconference tn order to take achon on items listed on the Thursday, November 13. 1997. meehng agenda, including Regulatory items 1. Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. The Role of Research in Lake Okeechobee Vegetation Management Issues (30 min.) Dan Thayer, Director, Vegetation Management Division, Operations & Maintenance Department Chuck Hanlon, Staff Environmental Sc}'entist, Everglades Restoration Department 3. Overview of Procurement Redesign (30 min.) Jill W2mble, Director, Enterprise Design, Office of Enterprise Engineering 16G 1' Governing Board Workshop November 12, 1997 Page #2 JOINT MEETING Palm Beach County Board of County Commissioners And South Florida Water Management District Governing Board Governing Board Workshop Meeting Wednesday, November 12, 1997 12:30 P.M. Clayton Hutcheson Agriculture Center, Exhibit Hall B 531-559 North Military Trail (behind Driver's License Bureau) 12:30 p.m. 12'50 p.m. 12:55 p.m. 1:00 p.m. 2:00 p.m. Working Lunch Call Meeting to Order Frank "Sonny" Williamson, Chairman, ?South Florida Water Management District Goveming Board Welcome, Introduction and Meeting Objectives Burl Aaronson, Chairman, Palm Beach County Board of County Commissioners Frank "Sonny" Williamson, Chairman, South Florida Water Management District Governing Board District Informational Presentations · Plan Relationships · Lower East Coast Work Plan Discussion Palm Beach County Water Utilities Department Perspective on Water Supply Issues 2:15 p.m. Palm Beach County Issues: · Management of Water Discharged to Tide Governing Board Workshop November 12, 1997 Page #3 · Shallow Wetland Storage v. Storage in Lake Okeechobee and Water Conservation Areas · Discussion on: a) Water Conservation Area I Regulation Schedule b) Lower Levels in Lake Okeechobee · 20-Year Consumptive Use Permits · Costs and Funding of Water. Supply Development and Water Resource Development Projects Discussion 3:15 p.m. PUBLIC COMMENT 3:30 p.m. ADJOURNMENT qlVbLL AHVll]I~ ~ u~4mos o~ c~> b e^V uo16ulxol 16G J. MINUTES OF A MEETING OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT OFFIC ~ES OF THE DISTRICT, 3301 GUN CLUB ROAD, WEST PALM BEACH FLORIDA WEDNESDAY, OCTOBER 8, 1997 9:00 A.M. Thc following Board Members were present Frank Williamson, Jr., Chairman Miriam Singer William Graham Vera Carter William Hammond Mitchell Berger Michael Minton Samuel E. Poole, III, Secretary CALL TO ORDER The Meeting was called to order at 9:00 a.m. by Chairman Willianlson. Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. Mr. Berger questioned item 5. Ms. Singer questioned items 7, 11, 19, 20, 21, and 23. Mr. Hammond questioned items 20, and 22.' lA. Overview of Workshop Items: Restudy, Indian River Lagoon Feasibility Study, Upper and Lower East Coast Water Supply Plans and Caloosahatchee Basin Plan. Mr. Dan Cary, Director, Planning Department, presented the overview. A copy of the material used in his presentation is included in the official record of this meeting. He said research indicates that the District has the capability to meet the future water supply needs of South Iqorida if the storage system is expanded. Govcrmn8 t:lozrd Workshop October 8, 1997 Page 2 Briefing on Central and South Florida Restudy and Indian River Feasibility Study Mr. Tom Teets, Senior Supervising Planner. I,ower East Coast Planning l')ivisinn. Planning Department, presented inforn:ation on thc 'restudy pr(~zcss. A copy of thc material used in his presentation is included in the official record of this meeting. Mr. David Unsell, Senior SUpervising Engineer, Upper East CoasdKis:.fimmec Planning Division, Planning Department, presented infom~ation on the Indian River feasibility study. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Pi,il Parsons, Florida Sugarcane Ix:ague, commented on the restudy process l{e said the entire restudy process has been compressed into a timeframe of a few months and his organization has not had access to all thc information available. Irte said there arc no objectives or criteria to meet non-environmental needs, and benefits are meager. /',,'Ir. ir'arsons recommended that the number of alternative plans be reduced, specific performance criteria for economic needs be included, and a report on the progress; ~I' thc restudy effort be made to the Board during each monthly meeting. Mr. Stuart Appclbaum, Chief, Ecosystem Restoration Section, U.S. Army. Corps of Engineers, :~aid thc information on thc restudy includes economic performance mcasurcsundcrconsideration, l lesaidhisagcncv, will.zladlyacceptinptn fr~)n~all panics. Mr. Appclbaum disagrccd that thc numt~cr of alternatives be reduced. Mr. Charles Lee, Florida Audul)on Society, said his organization supports thc restudy effort md the feasibility study, lie agreed that staff should report to the Board each month on these issues. Ms. Nzmciann Regalado, National Audubon Society, commended staff and thc U.S. Army Corps of Engineers for their effort on the restudy and thc feasibility study. 3. Discussion of Upper East Coast Water Supply Plan Draft Mr. Mark Eisner, Senior Supe~'ising Planner, Upper East Coast/Kissimmce Planning Division, Planning Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. 3A. Discus.sion of Caloosahatchee Basin Plan Mr. Chip Merriam, Director, Ft. Myers Service Center, presented information on thc plan. A copy of the material used in his presentation is included in the official record of this meeting. Governing Board Workshop October 8, 1997 Page 3 Mr. Hammond said the plan is an exciting opportunity and thc cffl~n is long overdue. 4. Discussion of Lower East Coast Water Supply Plan, Mr. John Mulliken, Senior Planner, Lower East Coast Planning Division, Planning Depa~lment, presented information on this item. A copy of the material used his presentation is included in the official record of this meeting. Mr. Roy Reynolds, Broward County Office of Environmental Services, said the county has moved forward with its planning and permitting process with the assurance from the District that information would be provided on how much water would be available to the county and when that water would be available. He said that information is still not forthcoming. Mr. Reynolds said the county will have to move forward on its own if it d~x:s not get thc information. Mr. Pocle said delays have resulted from the need to shift priorities to Everglades restoration and the Distirct's responsibilities under the Everglades Forever Act. Itc said staff is commiued to giving count}' governments the tools needed to make planning recommendations. Chairm:tn Willia~nson asked that staff develop it set of definitive check points in the process to ensure progress is timely. Ms. l,aura Gesclbracht, "I'hc Nature Conservancy, said her organization supports the planning cfi'on. Mr. Jorge Rodriguez, Mimni/Dade Water and Sewer Department, said the county is concerned about delays in completing the Lower East Coast Regional Water Supply Plan. Mr. Fred Rapach, Palm Beach County Utilities, expressed concern about thc ti~neframe for completing the plan,, the direction in ~,'hich the plan is headed, and the need to maintain a balance among all interested parties. Ms. Rosa Durando, Audubon Society of the Everglades, said the counties have not acknowledged their own contribution to the problem in allowing the expansion of agricultural operations and development. She said the District has been escalating the problem by increasing coastal discharges. Ms. Nanciann Regalado, National Audubon Society and Environmental Advisory Committee, expressed concern that a modified planning process will impact the implementation of minimum flows and levels. She said staff should make sure that progress contin'.ms on that issue. Governing Board Workshop October 8, 1997 Page 4 Ms. Singer noted that the Board has shown its commitment to the planning process by funding basin level projects. She suggested that the District farm out these projects to local agencies in the future. Mr. Graham asked that staff develop a methSd to provide local county governments with direction on how the planning process will proceed over a five-year period. dA. Planning Department Wrap-Up Mr. Dan Cary, Director, Planning Department, said it is staff's intent to move forward with the planning effort, and to proceed with the basin plans. 5. Everglades Best Management Practices 0IMP) Program Mr. Paul Whalen, Director, Everglades Regulation Division, Regulation Department, presented information on the BMP program. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Charles Lee, Florida Audubon Society, urged that staff continue to be cautious about making long term predictions on the success of the program. Overview of the District Total Achievement Program (TAP)/Shingle Creek Presentation Mr. William F. Malone, Director, Construction and Land Management Department, presented background on this item. Mr. Armando Ramirez, Senior Survey/Mapping Associate, Construction and Land Management Department, presented information on Shingle Creek management solutions. Ms. Jane Bucca, Senior Economist, Planning Department, presented information on alternative funding sources. Mr. Emilio Vazquez, Senior Media Specialist, Visual Communications, presented information on partnership solutions. Mr. Rob Sosnowski, Hydrogeologist, Planning Department, presented information on the proposed volunteer credit system. Ms. Sandy Jurban, Public Communications Specialist, Government & Public Affairs, presented information on education and ma!'.keting strategies. Governing Board Workshop October 8, 199'/ Page $ Ms. Marcelline (Marcy)Daniel, Staff Accountant, Finance and Accounting, presented information on legislative solutions. Ms. Beth Kacvinsky, Staff Environmental Analyst, Construction and Land Management Department, presented information on communications strategies. Board Members commended all participants in the Total Achievement Program for their work on this project. 7, Update on Florida Lake Watch Ms. Sandy Fisher, President, Florida Lake Watch, presented the update. A copy of the material used in her presentation is included in the official record of this meeting. Responding to comments by Ms. Fisher concerning the participation of students in the Lake Watch program, Mr. Hammond suggested that the District should look into setting up a program to use students for data collection. ADJOURNMENT There being no further discussion to come before the Board, the meeting was adjourned at 3:30 p.m. ~,'$outh Fl°r'id~ Water/~an~¢ment District GOVERNING BOARD MEETING Open to Me Public AGF.,NDA GOVERNING BOARD MEETING Thursday, November 13, 1997 8:30 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL Note: Any item which appears on the Workshop Agenda of November 12, 1997 may be an item for discussion or action on this Meeting Agenda. Ail or part of this meeting may be conducted as a teleconference in order to permit maximum participation of Governing Board Members. CALL TO ORDER A. Inspiration: Perla Sole-Calas B. Pledge of Allegiance to the Flag of the United States of America C. Presentations: Ms. Miriam Singer, Chairwoman of the Human Resources Committee will recognize October's Employee of the Month - Tim Scharff, Senior Geographer, Data Management Division, Water Resources Evaluation Department 25 Years Service Awards: · Betty Brannock, Management Services Department · Robed Johnson, West Palm Beach Field Station, Operations & Maintenance Department Do Approval of the Minutes of the Governing Board Workshop of October 9, 1997, the Governing Board Regular Meeting of October 9 and the Special Governing Board Meeting on October 30, 1997. MORNING AGENDA APPROVAL Ao Additions, Deletions, Substitutions Abstentions Governing Board Meeting November 13, 1997 Page 2 GOVERNING BOARD MEETING SCHEDULE Consider Schedule for Upcoming Meetings. Consider Tentative Agenda for December Workshop. Accept the Audit Committee report, including recommended actions. MORNING CONSENT AGENDA Note: The Board may not wish to discuss these items individually and may approve them as a group. Anyone wishing to speak on one of these issues should complete a pink spoaker card and submit it to the District Representative in the lobby prior to consideration of the Consent Agenda. This will permit the Chairm~n to pull such items for individual discussion later on the agenda. Puli Items for discussion. Motion to approve the Consent Agenda except for Items pulled for discussion. will be considered by the Board under the Discussion Agenda.) (Items pulled BUDGET OFFICE 4. Approve Budget Transfers. Approve clarification of Resolution 97-47, Appendix D; relating to the deferral of agricultural privilege tax for 1996 vegetable classified acreage. MARTIN/ST. LUCIE SERVICE CENTER Authorize a contract extension with St. Lucie County for the removal of exotic plant species along the Northfork of the St. Lucie River (State lands only) for a period of six (6) months at no additional cost to the District. (Contract Number C-7850-A1) OFFICE OF COUNSEL Authorize amending a contract with Carlton, Fields, et.al, for legal services and representation in support of the District's defense in complex legal challenges to the Everglades restoration Program, including legal services relating to the Miccosukee's challenge to the Water Quality Standards, the ENPJNPDES Permit & challenges, and Proposed Modifications to the Settlement Agreement, to increase funding in the amount of $100,000., for which $50,000 is budgeted and $50,000 is substituted from funds budgeted for Inverse Condemnation legal services. (Contract Number C91- 2613-A8) Governing Board Meeting November 13, 1997 Page 3 Authorize amending a contract with Ruden, McClosky, et. al., for legal representation in the bid protest filed concerning Contract C-E107, (IT Corporation v. SFWMD), in the amount of $250,000, Authorize a Budget Transfer in the amount of $250,000, and Designate the Amendment to be effective August 27, 1997. (Contract Number C8222-A1) [EC00] Authorize Rule Development and Initiation of Rulemaking and Approve the Publication Draft of Amendments to Part VI, Chapter 40E-7, F.A.C. concerning specific MNVBE Contracting Provisions. (Docket Number 98-4) MANAGEMENT SERVICES DEPARTMENT/ADMINISTRATION 10. Authorize Rule Development for the District's Proposed Equal Employment Opportunity Rule. (Docket Number 98-2p) CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 11. Authorize staff to initiate rule development pertaining to revisions to the current Right of Way Program. 12. Authorize entering into a contract with AKA Services, Inc. for the Culvert PC01, L-61 Replacement in the amount of $168,850, for which funds are budgeted. (Contract Number C-8316) 13. Authorize amending a contract with Saltsman construction, Inc. for the BCB bridges to add deceleration lanes in the amount of $62,849, for which funds are budgeted. (Contract Number C-8011, CO2) 14. Approve staff recommendations for releases of District canal, mineral and road reservations, releases of T.I.I.T.F. canal reservations, and issuances of non-use commitments. 15. Approve the purchase of land interests containing 9.22 acres, more or less, in Collier County, Big Cypress Basin - Cocohatchee Canal Phase 3 Improvements Project. OPERATIONS AND MAINTENANCE DEPARTMENT 16. Authorize entering into a contract with National Linen Service, Inc., for leased uniforms and weekly cleaning services to designated employees for three (3) one-year pedods (with options to renew for two additional one-year periods), in the amount of $645,612, of which $215,204. is budgeted in the FY98 budget and the remaining funds are subject to the Governing Board approval of the FY99 and FY00 budgets ($430,408). (Pur¢~ase Order Number P800466-National Linen-West Palm Beach, P800468-G & K Services- Opa Locka, P800469- G & K Services-Lakeland, PS00470-G & K Services-Ft. Myers) Governing Board Meeting November 13, 1997 Page 4 17. Authorize entering into a contract with Helicopter Applicators, Inc. for aedal application services in the amount of $1,920,000 of which $620,000 is budgeted in FY98 and the remaining funds are subject to the Governing Board approval of the FY99 and FY00 budgets. (Contract Number C-9557) 18. Authorize entering into a cooperative agreement with the National Park Service, Everglades National Park, for support of their melaleuca and exotic tree control activities in the amount of $180,000, of which $60,000 is budgeted in the FY98 budget and the remaining funds are subject to the Governing Board approval of the FY99 and FY00 budgets. (Contract Number C-9553) ECOSYSTEM RESTORATION DEPARTMENT 19. Authorize amending a cooperative agreement with Texas A & M University for collaborative research on regional movements of wading birds in the Kissimmee/Okeechobee/Everglades ecosystem to extend the contract by one year at no additional contract cost. (Contract Number C-8604-A1) 20. 21. Authorize extending a work order cooperative agreement by three years with Harbor Branch Oceanographic Institution for collaborative research in estuarine ecosystems of south Florida, in an amount not to exceed $500,000, of which $84,772 is budgeted in FY98, and the remaining $415,228 is subject to Governing Board approval of the FY99 ($183,750) and FY00 ($231,478) budgets. (Contract Number C-6627-A3) Authorize a change order to a Contract with Harry Pepper & Associates, Inc. for installation of a specially designed perimeter fencing around the north bank of test cells at the Everglades Nutrient Removal Project in the amount of $63,947 for which funds are budgeted. (Contract Number C-E8602-R-CO3) End of Morning Consent Agenda PUBLIC COMMENT (Maybe moved to follow Public Hearing) Opportunity for members of the public to discuss matters of interest which are not on the agenda. Governing Board Meeting November 13, 1997 Page 5 16G PUBLIC HEARING at 9:30 A.M. Note: The Board will discuss these items individually in the order listed. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 22. Approve Memorandum of Understanding with Florida Power & Light for STA-1W in the Everglades Construction Project. W~lliam F. Malone, Director, Construction & Land Management 23. Approve Memorandum of Understanding with Florida Power & Light for STA-2 in the Everglades Construction Project. Wi/Nam F. Ma/one, Director, Construction & Land Management 24. Approve the purchase of land interests, including structures and improvements, containing 11.62 acres, more or less, in Dade County, 8.5 Square Mile Project, approve declaring surplus, disposal of, and removal from the asset records, any such structures and improvements deemed unnecessary for the stated purpose of the original land acquisition, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Wi~/lam F. Ma/one, Director, Construction & Land Management 25. Approve the purchase of land interests containing 40.0 acres, more or less, in Dade County, L-31N Transition Lands Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Chuck R. Rinaldi, Deputy Department Director, Construction & Land Managembnt 26. Approve the purchase of land interests containing 262.57 acres, more or less, in Dade County, L-31N Transition Lands Project, and authorize a Resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Chuck R. Rinaldi, Deputy Department Director, Construction & Land Management 27. Approve the purchase of land interests containing 75.00 acres, more or less, in Lee County, CREW Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for these acquisitions and associated costs. Chuck R. Rinaldi, Deputy Department Director, Construction & Land Management 28. Consider acquisition of SOR lands. End of Public Hearing Governing Board Meeting November 13, 1997 Page 6 PUBLIC COMMENT (May be continued at this time if not completed prior to the Public Hearing.; BOARD COMMENT Opportunity for Board Members to discuss matters of interest which are not on the agenda. REPORT FROM THE ADVISORY COMMITTEES 29. OMBUDSMAN'S REPORT Richard E. Williams, District Ombudsman MORNING DISCUSSION AGENDA Note: Tho Board will discuss these items individually in tho order listed. DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA ECOSYSTEM RESTORATION DEPARTMENT The Everglades Construction Project Update will be the first item of business discussed after the lunch break. 30. Everglades Construction Project Update Joseph A. Schweigart, Interim Director, Everglades Construction Project Dr. Jennifer Jorge, Deputy Director, Everglades Construction Project CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 31. Approve an Application for Federal Assistance and Grant Agreement Stormwater Treatment Area I East with the U.S. Department of the Intedor for the purchase of land interests containing approximately 2,500 acres, more or less, in the Stormwater Treatment Area 1 East Project, in the amount of $ , and authorize the Executive Director, or his designee, to execute the Application and Grant Agreement. Charles R. Rinaldi, Deputy Dept. Director, Construction & Land Management BROWARD SERVICE CENTER 32. Approve an intergovernmental partnership to dredge a portion of the Hiilsboro Canal with the cooperation and partial funding from the District, the Florida Inland Navigation District, the Cities of Boca Raton and Deerfield Beach, and the Boating Improvement Trust Funds of Palm Beach and Broward Counties. ao Authorize entering into a 3-way cooperative funding agreement with the cities of Boca Raton and Deerfield Beach to provide $765,000 and to specify conditions for deepening a portion of the Hillsboro Canal. (Contract Number C-9890) Governing Board Meeting November 13, 1997 Page 7 Authorize entering into a contract with TBD for the Hillsboro Canal deepening in the amount of STBD, for which funds are budgeted. (Contract No. C-9002) Jim Karas, Broward Service Center Patdcia Walker, Government and Public Affairs 33. Authorize a petition for administrative proceedings pursuant to the District's objection to land use amendment 97-17 adopted by the Broward County Board of County Commission. Jim Karas, Broward Service Center OFFICE OF ENTERPRISE ENGINEERING 34. Authorize entering into a six-year contract with BellSouth Communications, Inc. for the purchase ($1,159,543 [FY 98 $1,092,285]), installation and maintenance of ($850,047 [FY 98 $35,868]) a new telephone system in an amount not to exceed $2,009,590, of which $1,094,000 is budgeted in FY 98, and authorize a substitution of $35,868 from available funds within the operating expenses appropriation unit of the Office of Enterprise Engineering. (Contract Number C-8358) Trevor Campbell, Director, Office of Enterprise Engineering & CIO PLANNING DEPARTMENT 35. 36. Presentation of the District Water Management Plan Annual Report (15 min.) David-Gilpin Hudson, Senior Planner, Division of Policy, Economics and Business, Planning Department C&SF Project Restudy Update Tom Teets, Senior Supervising Planner, Lower East Coast Planning Division, Planning Department REPORT FROM THE EXECUTIVE DIRECTOR 37. Water Management Highlights Samuel E. Poole III, Executive Director 38. Governing Board Follow-up Items Samuel E. Poo/e !11, Executive Director 39. Update on Litigation Barbara Markham, General Counsel End of Morning Discussion Agenda Governing Board Meeting November 13, 1997 Page 8 6G AFTERNOON AGENDA APPROVAL: A. B. C. D. E. F. G. 2:00 P.M. Additions, Deletions, Substitutions Abstentions Pull Items for Discussion Motion to Approve Afternoon Consent Agenda, except for items pulled for discussion Consider Afternoon Consent Agenda Items Pulled for Discussion Continue Morning Discussion Agenda (if applicable) Consider Afternoon Discussion Agenda AFTERNOON CONSENT AGENDA: REGULATORY MATTERS NOTE: The Board may not wish to discuss these items individually and may approve them as a group. Anyone wishing to speak on one of these items should complete a green speaker card and submit it to the District Representative in the lobby prior to consideration of the Consent Agenda. This will permit the Chairman to puff such items for individual discussion. A copy of the Consent Agenda is available upon request by contacting the Regulation Department at (561) 687-6736. 40. 41. Consideration of Consent Agenda for Governing Board approval which includes Construction and Land Management items: Emergency Authorization Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Permit Applications for Waiver of District Criteria Right of Way Occupancy Permit Applications for Approval Under Limited Amnesty Program Authorize Rule Development for Amendments to District Rules Concerning Works of the District Right of Way Occupancy Permits Consideration of Consent Agenda for Governing Board approval which includ~;s Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (including Conservation Easements) Environmental Resource Permit Applications (including Conservation Easements) Everglades Works of the District Permit Applications Lake Okeechobee Works of the District Permit Applications Amendments to Memorandums of Understanding Consent Agreements End of Afternoon Consent Agenda Governing Board Meeting November 13, 1997 Page 9 AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS NOTE: The Board will discuss individually in the order listed on the agenda. DISCUSSION OF ITEMS PULLED FROM AFTERNOON CONSENT AGENDA REGULATION DEPARTMENT 42. Conditional 20-Year Duration Water Use Permit Consider a request by Island Water Association, Inc. for the issuance of a Conditional 20-Year Duration Individual Water Use Permit for Island Water Association Inc., Lee County (staff recommendation is for approval. Wm. Scoff Bums, Director, Water Use Division, Regulation Department 43. Discussion of Variance Process Discussion of Variances from specified review criteria. Susan Martin, Sr. Attomey, Office of Counsel Ken Ammon, Deputy Director, Regulation Department End of Afternoon Agenda ADJOURNMENT MINUTES OF A MEETING OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT OFFICES OF THE DISTRICT, :3301 GUN CLUB ROAD, WEST PALM BEACH FLORIDA THURSDAY, OCTOBER 9, 1997 8:30 A.M. CALL TO ORDER The following Board Members were present Frank Williamson, Jr., Chairman Miriam Singer William Hammond William Graham Vera Carter Mitchell Berger Michael Minton Samuel E. Poole, III, Secretary Chairman Williamson called the meeting to order at 8:30 a.m., followed by the inspiration by Ms. Karen Kempf, and the pled. ge of allegiance to the Flag qf the United States of America. Presentations Chairman Williamson, Mr. Poole, and Mr. James Yager, Director, Management Services Department, presented the District's 25 Years Service Award to Mr. James Mock, General Services Division, Management Services Department. Chairman Williamson, Mr. Poole, and Ms. Jeanne Hall, Director, Operations and Maintenance Department, presented the District's 25 Years Service Award to Mr. Harlan Pierce, West Palm Beach Field Station, Operations & Maintenance Department Ms. Miriam Singer, Chairwoman of the Human Resources Committee recognized September's Employee of the Month, Ms. Angela Chong, Engineer, Water Resoume~ Evaluation Department. Approval of Minutes Chairman Williamson noted revisions to the minutes of the Governing Board Regular Meeting of September I 1, 1997 handed out as additional back-up. Ms. Singer noted ~:evisions to the minutes of the'Governing Board Reg,lar Meeting of September 11, 1997. Governing Board Meeting October 9, 1997 Page 2 16G 1' Thc revisions have been incorporated into thc minutes of thc Governing Board Regular Meeting of September 11, 1997. Motion by Ms. Singer to approve the Minutes of the Governing Board Meeting of September 10, 1997, the Governing Board Regular Meeting of September 11, 1997 as reviseda and the Budget Hearing on September 23, 1997. Motion approved. MORNING AGENDA APPROVAL Additions, Deletions, Substitutions Chairman Williamson noted changes handed out as thc revised agenda for this meeting. A copy of the revised agenda is included in the official record of this meeting. Abstentions There were no abstentions to any items on the Morning agenda. Mr. Berger noted that he may have to leave before consideration of the Afternoon agenda. He abstained on items 46 and 47.. Mr. Hammond abstained on item 39. I. Consider Schedule for Upcoming Meetings. Mr. Poole presented the schedule. A copy of the schedule of upcoming meetings is included in tile official record of this meeting. 2. Consider Tentative Agenda for November Workshop. Mr. Williamson noted that the Board has received the tentative agenda. A copy of the tentative agenda is included in the official record of this meeting. 3. Accept the Audit Committee report, including recommended actions. Mr. Berger, Vice-Chairman, Audit Committee, presented the report. Mr. Berger said the Audit Committee met on October 10, 1997 and: Was presented the Inspector General's Activity Report which included: A review of the investigation of Gulf Construction Group, Inc. Minority and Women Business Enterprise (M/WBE) cer{ification. The investigation determined that the owner of Gulf Construction was unable to demonstrate his status as a Native American, and concluded that the documents provided by the owner could not be relied on to sqpport the minority certification. He said Committee members reconunended that the Board direct staff to review thc evidence presented in tile report and any additional documentation that Gulf Construction Group, Inc. may wish to provide, to retain a recognized geneMogist to further develop evidence, and take any appropriate measures that may be available under Governing Board Meeting October 9. 1997 Pago 3 Florida Administrative Code. Section 40E-7.664 (Suspension, Debarment. Revocation or Decertification). A review of the report on the Audit of Computer Purchases. Man,"eemcnt has concurred with ail of the audit recommendations. C. ommittee Members votc.~ to accept the report. A rcvicw of thc report on the Audit of Payment Vouchcrs. Committee Members voted to accept the report. Mr. Berger said the Committee also: Deferred consideration of thc proposed Internal Audit Plan for FY 1998. Deferred consideration of thc Annual Report on FY 1997 accomplishments. Approved the Minutes from September I0, 1997 as corrected. Motion by Mr. Berger to direct staff to review the evidence presented in the report and any additional documentation that Gulf Construction Group, Inc. may wish to provide, to retain a recognized genealogist to further develop evidence, and take any appropriate measures that may be available under Florida Administrative Code, Section 40E-7.664 (Suspension, Debarment, Revocation or Decertification). Mr. Graham said he is opposed to this action. He said thc evidence is sufficient for the Board to act on decenification. Ms. Karen Walker, attorney representing IT Corporation, said her client has challenged the certification and the burden of proof in that challenge will be on Gulf Construction Group. Ms. Mary Smallwood, outside attorney representing the District, said staff will recommend under item 5 that the petition from IT challenging the certification be forwarded to the Division of Administrative Hearing (DOAH). She said the District's position is that 1T does not have standing concerning the issue of certification and will move to dismiss the action upon filing it with DO.AH.. Ms. Amelia Maguire, attorney representing IT Corporation, said IT is substantially affected by thc District's policy and does have standing. Ms. Singer called the question. Motion approved. Aye - Chairman Williamson, Mr. Berger, Mr. Minton, Ms. Carter, Ms. Singer, Mr. Hammond. Nay - Mr. Graham. Absent. Mr. Perils, Mr. Machek. Chairman Williamson suggested that thc Board consider item 5 at this time. Board Members agreed. OFFICE OF COUNSEL October 9, 1997 Page 4 Consider a Petition for Formal Proceedings filed by IT Corporation contesting the M/Will..' certification of Gulf Construction Group, Inc. Ms. Smallwood presented information on this item. A copy of the material used in her presentation is included in thc official record of this meeting. She said staff intends to challenge the petition at the appropriate time on the issue of standing and timeliness. Ms. Smailwood said staff recommends that the Board forward the petition to the Division of Administrative Hearing. Motion by Mr. Graham to forward to the Division of Administrative llearing a Petition for Formal Proceedings filed by IT Corporation contesting the MP, VBE certification of Gulf Construction Group, Inc. Motion approved. 4. Accept the Iluman Resources Committee report, including recommended actions. Ms. Singer, Chairwoman, ttuman Resources Committee, said thc committee did not meet on October 8, 1997 due to time constraints. She asked that the full Board address two items on the agenda for that meeting. She recommended that thc Board approve revisions to thc District's attendance and leave policy as outlined in additional back-up material. Mr. Chuck ltuntress, Employment Manager, ltuman Resources Division, presented thc revisions. A copy of the revisions is included in the official record of this meeting. Motion by Ms. Singer to approve revisions to the District's attendance and leave policy as presented by staff. Motion approved. Ms. Singer recommended that the Board adopt a new Veteran's Preference Policy. Mr. Huntress presented information on the policy. A copy of the material used in his presentation is included in the official record of this meeting. Motion by I~. Singer to approve the new Veteran's Preference Policy as presented by stall Motion approved. MORNING CONSENT AGENDA Pull items for discussion. No items were pulled. Motion to approve the Consent Agenda Motion by Mr. llammond to appro',c thc Morning4 Consent Agenda as rcvb;cd. The following itet~ were approved as part of the Morning Consent Agenda: Governing Board Meeting Oct0ber 9, 1997 Page $ Moved to Discussion Agenda as Item #34A .................................... o .............. ..,,..o.. Pump pretest;rig t Moved to Discussion Agenda as Item #36A ............................ ~, ....... : ..... ./ ............... prcte:'.:ng a CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT C~ 10. II. 12. 13. 14. 15. Authorize entering into a Contract with Ever-R~:ady Sod Service, Inc., thc highest responsive and responsible biddcr for the lease of 1233 acres of land, Water Managemcnt Area project, Palm Bcach County, for the purpose of sod farming, in the amount of $1,275,280 as revenue to the District subject to the approval of the U. S. Department of the Interior. (Contract Number C-8330) Re-authorize entering into a revenue contract with Mariner Properties Development, Inc. to establish the Corkscrew Mitigation Bank in order to permit the project, restore the land, recover land acquisition costs, staff costs and generate a revenue stream for lnature projects. (Contract Number C- 83O2) Authorize approval of lease agreement with DEP for District lands in Pool B of the Kissimmee River. (Contract Number C-8318) Approve staff recommendations for releases of District canal, mineral and mad reservations, releases of T.I.I.T.F. canal reservations, and issuances of non-use commitments. Approve staff recommendations to release canal reservations over a portion of Tract "C", University Park East Section 5, (PB: 110-18), on condition that the District receives an access easement, and an easement clarifying rind improving the qu~ty of rifle, to that portion of said Tract "C"' the District is retaining on the Canal 4 (Tamiami Canal) North right-of-way. Approve acceptance of a Policy for accepting donation of land interests consisting of fee imerest, in Martin County, within Pal-Mar, Save Our Rivers Project. Governing Board Meeting October 9, 1997 Page 6 16. Authorize a change in legal description, reducing the size from 20.0 to 18.71 acres, more or less, and reduction in purchase price by $141.90 for Tract 100-028 in the Water Conservation Area owned by Lincoln Popescu and Vega Militariu approved under Item #34 at the August 1997, Governing Board Meeting. 17. Approve acceptance of land interests consisting of Temporary Construction Easements on .30 acres, more or less, in Section 21, Township 48 South, Range 26 'East, Collier County, Cocohatchee Canal Phase 3 Improvements Project. 18. Approve an Amendment to Acquisition Agreement with Board of Trustees of thc Internal Improvement Trust Fund for the joint purchase of lands within the Pal-Mar Project. ECOSYSTEM RESTORATION DEPARTMENT 19. Authorize amending a cooperative agreement for hydrogeomorphic studies on the Kissimmee River with the U.S..Army Corps of Engineers Waterways Experiment Station to retroactively extend the contract by 6 months at no additional contract cost. (Contract Number C-7625-A 1) 20. OFFICE OF GOVERNMENT & PUBLIC AFFAIRS 21. Authorize retroactively amending a contract with the Town of Jupiter for the modification of the town's water systems reverse osmosis facility, f~r a time extension to July 29, 1998, at no additional cost to the District. OFFICE OF ENTERPRISE ENGINEERING 22. Authorize issuing a purchase order for the renewal of contract, C91-2194, with Oracle Corporation for software maintenance for the time period 10/25/1997 through 10/24/1998 in the amount of $156,510, for which funds are budgeted. (Requisition Number RX XS00010) OPERATIONS AND MAINTENANCE DEPARTMENT Governing Board Meeting October 9, 1997 Page 7 REGULATION DEPARTMENT 24. Concur with staff finding based on review of the Draft Environmental Assessment that the proposed improvements to the St. Lucie County International Airport are inconsistent with the Florida Coastal Zone Management Program. End of Morning Consent A~enda Chairman Williamson opened the public hearing. PUBLIC HEARING at 9:30 A.M. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 25. Approve the purchase of land interests, including structures and improvements, containing 27.12 acres, more or less, in Dade County, 8.5 Square Mile Project Mr. William F. Malone, Department Director, Construction & Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Singer to approve the purchase of land interests, including structures and improvements, containing 27.12 acres, more or less, in Dade County, 8.5 Square Mile Project, approve declaring surplus, disposal of, and removal from the asset records, any such structures and improvements deemed unnecessary for the stated purpose of the original land acquisition, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. 27. Approve the purchase of land interests containing 156.53 acres, more or less, in Da{lc County. Mr. Charles Rinaldi, Deputy Director - Land, Construction and Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Graham to approve the purchase of land interests containing 156.53 acres, more or less, in Dade County, Water Conservation Area Project. Motion approved. Approve the purchase of land interests containing 678.66 acres, more or less, in Dade County, Model Lands Basin Project and C-111 North Project Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Governing Board Meeting October 9. 1997 Page 8 Motion by Ms. Singer to approve the purchase of land interests containing 678.66 acres, more or less, in Dade County, Model Lands Basin Project and C-111 North Project, and authorize a Resolution to the Department of Environmental Protection requesting reimbursement for this acquisRion and associated costs. Motion approved. 29. Authorize a second amendment to the agreement with Itelen Turke a/Ma Helen P. Turke for the purchase of land interests containing 223.7 acres, more or less, in Dade County, L-31N Project Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Carter to authorize a second amendment to the agreement with Helen Turke a/Ma Helen P. Turke for the purchase of land interests containing 223.7 acres, more or less, in Dade County, L-31N Project and authorize an amended resolution to the Department of Environmental Protection. Motion approved. 30. Approve the purchase of land interests containing 60.00 acres, more or less, in Lee County, CREW Project Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Hammond noted that he is Chairman of the CREW Trust. but hms no financial interest in this item. Motion by Ms. Caner to approve the purchase of land interests containing 60.00 acres, more or less, in Lee County, CREW Project, and authorize a resolution to the Board of Trustees of the Internal Improvement Trust Fund requesting reimbursement for this acquisition and associated costs. Motion approved. Abstain. Mr. Hammond. 31. Consider acquisition of SOR lands. Mr. Rinaldi said staff has nothing to report under this item. REGULATION DEPARTMENT 32. Consider the Adoption of Rule Amendments to Chapters 40E-2, 20 and 23, F.A.C., and the Basis of Review for Water Use Permit Applications, Incorporated by Reference in Rule 40E- 2.091, F.A.C. Mr. Wm. Scott Bums, Director, Water Use Division, Regulation Department, presented information on this item. A copy of the material used in his presentation is included in the offic!al record of this meeting. Governing Board Meeting 1 6 ~ 1 October 9, 1997 Page 9 Motion by Ms. Singer to approve adoption of Rule Amendments to Chapters 40E-2, 20 and 23, F.A.C., and the Basis of Review for Water Use Permit Applications, Incorporated by Reference in Rule 40E-2.091, F.A.C., Pertaining to the Extension of the Expiration Date for Individual Irrigation use Class Water Use Permits Within the District's Lower West Coast Regulatory Basin. (Docket No. 97-7). Motion approved. End of Public Henrin~ Chairman Williamson closed the public hearing. BOARD COMMENT Ms. Singer asked for a briefing on the recruitment of the Project Director for the Everglades Construction Project, and on the Request for Proposals process for the project management finn. Mr. Hammond complimented Mr. Poole and staff for their effort at re-organizing the District, and the focus on South West Florida issues. Mr. Graham commended Mr. William F. Malone, Director, Construction and Land Management Department, on winning the Palm Beach Golf Tournament. REPORT FROM THE ADVISORY COMMITTEES Ms. Nanciann Regalado, Chair, Environmental Advisory Committee, presented the report of thc Environmental Advisory Committee.. She said the committee is coneemed about upland issues and mitigation banking. Ms. Regalado asked for an opportunity to meet with staff prior to the November 17, 1997 workshop to discuss the committee's concerns. Ms. Carter said she shares the concern of the committee on these issues. Mr. Tom Jones, Chair, Agricultural Advisory Committee, presented the report of the Agricultural Advisory Committee. He said the committee is requesting that the Board consider funding for a Technical Support Subcommittee to assist the committee with the review of the Re-study effort. Mr. Dan Car),, Director, Planning Department, said staff can review the request and report back to the committee prior to its scheduled October 27, 1997 meeting. Chairman Williamson said he supports the request. Mr. Berger agreed that technical assistance should be provided to the committee. Ms. Carter said she is opposed to the creation and funding of the technical subcommittee. She suggested that staff provide technical assistance to the committee. Ms. Singer said the Board should consider a method to establish technical subcommittees to assist all the Districts advisory committees. Mr. Minton suggested that the Agricultural Advisory Committee look to the County Extension Service for technical assistance. Governing Board Meeting October 9, 1997 Page 10 Ms. Singer suggested that staff discuss the request with Mr. Jones and come back to the Board with a recommendation later in the meeting. Board Members agreed. Ms. Rosa Durando, Audubon Society of the Evcrglades, said the County Extension Service should be the agency to provide technical assistance to the committee. 33. OMBUDSMAN'S REPORT Mr. Richard E. Williams, District Ombudsman, presented the report. A copy of the material used in his presentation is included in the official record of this meeting. MORNING DISCUSSION AGENDA Chairman Williamson suggested that the Board consider item 37 at this time. Board Members agreed. MANAGEMENT SERVICES DEPARTMENT/ADMINISTRATION 37. Authorize entering into four separate work order contracts with the firms of Bla~land Bouck & Lee (BBL), Environmental Consulting Technology, Inc. (ECT), REP Associate_s, and Dames & Moore for real estate transaction environmental risk assessments and fuel contamination assessment/remediation projects item. Mr. Robert Kukleski, Sr. Engineer, Risk Management Division, presented information on this A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Graham to authorize entering into four separate work order contracts with the firms of Blasland Bouck & Lee (BBL), Environmental Consulting Technology, Inc. (ECT), REP Associates, and Dames & Moore for real estate transaction environmental risk assessments and fuel contamination assessmentlremediation projects for three years each in a total not to exceed $1,728,500 for which funds are budgeted; and amounts not to exceed funds approved by the Governing Board for FY1999 and 2000. (Contract Numbers. C-9368; C-9369; C-9370; C-9371). Motion approved. Board Members agreed to consider item 35 at this time. EXECUTIVE OFFICE 35. Review of the functions and utility of the G-124 water control structure for purposes of forming a plan of action to maintain the structure in its present form Mr. Kent Loftin, Chief Engineer, Executive Office, presented information on this item. A copy of the material included in his presentation is included in the official record of this meeting. Mr. Lot'tin said the purpose of the review is to form a plan of action to maintain thc structure in its present form, improve the structure, or remove the structure, lie said the problem is to bring the permit for the structure into alignment as permitted and as built. Mr. Loftin sa. id no action by the Board is needed at this time. Governing Board Meeting October 9, 1997 Page 1 '1 Mr. Richard J. Turtle, Village Engineer, Village of Royal Palm Beach, asked that the .structure nor be removed without first analyzing its need. lie said removal of the structure could affect the village's ability to drain. Mr. Loftin said an analysis would be done before any recommendation to remove the structure. Mr. Lewis Hatton, Pine Tree Water Control District, said his agency has experienced drainage problems following installation of thc structure, lie urged the District to remove the G-124 structure. Mr. Elaine Usherson, The Sierra Club, supported staff's efforts on this issue. Ms. Rosa Durando, Audubon Society of the Everglades, said thc District should ba~e its decision on sound engineering. She said staff should weigh the water supply benefits of the structure against the potential flooding problems. Mr. Dan Shalloway, Indian Trail Improvement District, said if there is a major rainfall event, his agency will not tolerate being shut down due to problems caused by this structure. Mr. Mark Dubois, Seminole Water Control District, agreed with staff's conclusions about this issue. Moved from Consent Agenda as Item t/8 36A. Consider a Petition for Formal Proceedings filed by Carney-Neuhaus, Inc., protesting a determination of non-responsiveness for RFP C-9001. 36B. Consider a Petition for Formal Administrative Healing filed by Carney-Neuhaus, lnc,, contesting the District's denial of M/WBE Certification. Mr. Glenn Miller, Senior Attorney, Office of Counsel, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Miller commented on item 36B. He said the petition is in compliance and staff recommends approval. Motion by Mr. Berger to approve a Petition for Formal Administrative Hearing filed by Carney- Neuhaus, Inc., contesting the District's denial of M/WBE Certification. Motion approved. Mr. Miller commented on item 36A. requirements and the petition lacks standing. dismissed with prejudice. He said this petition is not in compliance with the Districts Mr. Miller said staff recommends that this petition be Motion by Ms. Singer to dismiss with prejudice a Petition for Formal Proceedings filed by Carney- Neuhaus, Inc., protesting a determination of non-responsiveness for RFP C-9001. Motion approved. 6G Governing Board Meeting October 9, 1997 Page 12 OFFICE OF COUNSEL 36. Accept staff recommendation for a change in Merit Review panel for the General Counsel to include Governing Board members. Ms. Barbara Markham, General Counsel, said she has no recommendation on this item. Markham said she will agree with whatever the Board decides. Board Members discussed this item. Mr. Minton said the evaluation panel for the Insi~ctor General and the District Ombudsman should be consistent with the panel evaluating the General Counsel. Motion by Mr. Berger to designate the Executive Director, the Governing Board Chair, the Audit Committee Chair, and the Human Resources Committee Chair as the evaluation panel for the General Counsel, the Inspector General, and the District Ombudsman. Mr. Hammond said this issue should be discussed during a workshop by the full Board. Motion by Ms. Carter to amend Mr. Berger's motion to designate the Governing Board Chair, the Executive Director, the Audit Committee Chair, and the Human Resources Comnflttee Chatr as the evaluation panel solely for the General Counsel. Motion approved. Aye - Chairman Williamson, Ms. Carter, ~. Singer, Mr. Berger, Mr. Graham, Mr. Hammond. Nay - Mr. Minton. Absent - Mr. Pettis, Mr. Machek. Motion by 1~. Carter to approve the amended motion designating the Governing Board Chair, the Executive Director, the Audit Committee Chair, and the Human Resources Committee Chair as the evaluation panel for the General Counsel. Motion approved. Aye - Chairman Williamson, MS. Carter, MS. Singer, Mr. Berger, Mr. Graham. Nay - Mr. Minton, Mr. Hammond. Absent - Mr. Pettis, Mr. Machek. Mr. Graham asked that staff present an evaluation of the merit review process for the Inspector General and District Ombudsman at the November Board meeting. Motion by MS. Singer to designate the Governing Board Chair and the Executive Director as the prime evaluators for the General Counsel. Motion approved. Chairman Williarnson asked that Ms. Markham prepare a letter to Florida Representative John Laurent advising him of the action taken by the Board. ECOSYSTEM RESTORATION DEPARTME.Nrr Governing Board Meeting October 9, 1997 Page 13 34. Everglades Construction Project Update Mr. Joseph A. Schweigart, Director, Everglades Construction Project, identified thc location of thc G-3 I0 and G-335 outflow pump stations in STA-1W and STA-2, and discussed the contract proposals for pumps and gear drives submitted by Ingersoll-Dresser a~d Fairbanks Morse. He indicated that Mr. Tom Wolfe, Deputy General Counsel, Office of Counsel, would cover the Fairbanks Morse protest and Dr. Jennifer Jorgc, Deputy Director, Everglades Construction Project, would discuss a technical review process involving the U.S. Army Corps of Engineers. Moved from Consent Agenda as Item #6 34A. Consider a Petition for Formal Proceedings filed by Fairbanks Morse Pump protesting the award of Contract C-E203. Mr. Tom Wolfe, Deputy General Counsel, Govemmcnt and Administration Section, Office of Counsel', presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Wolfe said the petition does not comply with the District's roles and Florida statutes. He said staff recommends that the Board deny the petition with prejudice. Motion by Mr. Graham to deny with prejudice a Petition for Formal Proceedings filed by Fairbanks Morse Pump protesting the award of Contract C-E203. Motion approved. .34B. Approve staff proposal for process to clarify lechnical issues related to the selection of pump.,; and ~ears for outflow pump stations for STA IW and STA 2 (G-310 and G-335). (Contract Number C-E203) Dr. Jennifer Jorge, Deputy Director, Everglades Construction Project, outlined a technical clarification process that would include an independent assessment by the U.S. Army Corps of Engineers (USACE) of the two proposals submitted for this project. The USACE assessment would be made on specific points of technical compliance to the design documents raised by both proposers, Fairbanks Morse Pump Corporation, and Ingersoll-Dresser Pump Company. Motion by Ms. Carter to approve staff proposal for process to clarify technical issues related to the selection of pumps and gears for outflow pump stations for STA 1W and STA 2 (G-310 and G-335. (Contract Number C-E203). Motion approved. Board Members returned to consideration of the Report of the Agricultural Advisory Committee. Mr. Michael Slayton, Deputy Executive Director, said staff and interested parties have discussed the issue of providing technical assistance to advisory committees. He said staff will establish a process by which committees can relate their concerns to staff and a meeting can then be scheduled to address those issues. Governing Board Meeting October 9, 1997 Page 14 Everglades Construction Project Management issue Mr. Slayton announced that Mr. Joseph Schweigart has been recommended by the selection committee to take over as Director of the Everglades Construction Project. Mr. Schweigart has been serving as Interim Director since the resignation of Mr. Miller Andress. the former director. Mr. Poole said he intends to accept the recommendation of the selection committee and will name Mr. Schweigart to that position. Board Members agreed. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT · .~,~, ........ ~,~, ......... £or Federal ^-":"' ......~ ~- .... A ~.....,,., ^r ¢ a,'~4 author~zc 0t.~ r: .... ,;.,~ r~:.~0 AFTERNOON AGENDA APPROVAL: 2:00 P.M. Addition~, Deletion, Substitufion~ Ch~rm~ Willi~m~on not~l the £ollowing changes handed out as additionnl backup to lmms 46 47 of the Afternoon Consent Agenda: RIGHT OF WAY OCCUPANCY City of I-[iaie~ (pa~e 1, p~agraph 3)'- Includes Emergency Authori~tion ROW Permit Approval and Denial P~iip G~y nnd W~da Matthews ~age 2, pm'a~r~ph 1 !).' ^dd~d Emergency Authorization nnd ROW Permit Approval Mic¢o~ukee Tribe o£ Indies o£ Florida (page 2, p~w~gr~ph 12): ^dd~i Governing Board Meeting October 9, 1997 Page 15 PERMIT APPLICATIONS Surface Water Management Fort Lauderdale Hollywood International Airport (page 1, paragraph 1): Approval subject to no objections by October 23 Admirals Cove West Parcels C. DI, D2, E (page 15, paragraph 1): Approval subject to no objections by October 15 Water Use Community School of Naples (page 6, paragraph 9): Added Sugden Park (page 6, paragraph 10): Added Berry Citrus Products (page 8, paragraph 1): Approval subject to no objections by October 15 Bear Hollow Enterprises (page 9, paragraph 3): Added Environmental Resource Carlton Lakes Unit 2 (page 4, paragraph 2): Approval subject to no objections by October 13 Glen Eden Lakes (page 4, paragraph 3): Approval subject to no objections by October 15 Miami International Commerce Park - Phase III (page 7, paragraph 1): Approval subject to no objections by October 21 Bonita Bay Marina Isle Dock Modification (page 10, paragraph I): Includes state lands authorization, approval subject to no objections by October 17 Brooks of Bonita Springs (page 10, paragraph 3): Approval subject to no objections by October 17 Memorandums of Understanding Northern Palm Beach County Improvement District Unit of Development 3 (page 21, paragraph 1): Postponed to November 13 Board Northem Palm Beach County Improvement District Unit of Development 23 (page 21, paragraph 2): Postponed to November 13 Board Work Plan Amendment Seminole Tribe of Florida (page 22, paragraph 1): Approval subject to no objections by November 15 Governing Board Meeting October 9, 1997 Page 16 State Lands ,Easement Page 23, paragraph 1: Project name is Old Ridge (application 960103-6) Abstentions Mr. Minton abstained on item 46, a Right Of Way Occupancy Permit modification for Bellsouth (page 3, paragraph I), and a new Right Of Way Occupancy Permit application for A. Duda and Sons (page 1, paragraph 2), and on item 47, a New Water Use Permit application for Autumn Woods (page 4, paragraph I), an Everglades Works of the District Renewal application for Star Ranch Enterprises - Okeechobee Farms (page 17, paragraph 7), and an Everglades Works of the District Renewal application for Talisman Sugar Corporation (page 17, paragraph 8). Mr. Berger left the meeting prior to consideration of the Afternoon agenda. He noted his abstention earlier on items 46 and 47. Pull Items for DLscussion No items were pulled. Motion to Approve Afternoon Consent Agenda Motion by Mr. Graham to approve the Afternoon Consent Agenda. Abstain - Mr. Minton on item 46 - a Right Of Way Occupancy Permit modification for Bellsouth (page 3, paragraph 1), and a new Right Of Way Occupancy Permit application for A. Duda and Sons (page 1, paragraph 2), and item 47, a New Water Use Permit application for Autumn Woods (page 4, paragraph 1), an Everglades Works of the District Renewal application for Star Ranch Enterprises - Okeechobee Farms (page 17, paragraph 7), and an Everglades Works of the District Renewal application for Talisman Sugar Corporation (page 17, paragraph 8), Mr. Berger on items 46 and 47. Motion approved. The following items were approved as part of the Afternoon Consent Agenda. AFTERNOON CONSENT AGENDA: REGULATORY MATTERS 46. Consideration of Consent Agenda for Goveming Board approval, which includes Construction and Land Management, items: Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Permit Applications for Waiver of District Criteria 47. Consideration of Consent Agenda for Governing Board approval, which includes Regulatory, items: Water Use Permit Applications Surface Water Management Permit Applications (includes Conservation Easements) Environmental Resoume Permit Applications (includes Conservation Easemems) Wetland Resource Permit Applications (includes Conservation Easements) Governing Board Meeting October 9, 1997 Page 17 Everglades Works of the District Permit Applications Lake Okeechobee SWIM Works of the District Permit Applications Consent Agreements Memorandums of Understanding Seminole Tribe Work Plan Amendment State Lands Easements End of Afternoon Consent Agenda Board Members returned to consideration of the Morning Discussion Agenda. REGULATION DEPARTMENT 39. Authorize Rule Development Pertaining to the Increase of Permit Application Processing Fees. Ms. Terrie Bates, Director, Regulation Department, presented information on this item. A copy of the material used in her presentation is included in the official record of this meeting. Motion by Mr. Graham to authorize Rule Development Pertaining to the Increase of Permit Application Processing Fees. (Docket No. 98-I), M6tion approved. 40. Authorize Initiation of Rule Development to Amend Chapter 40E-4 to Incorporate by reference Revised Operating Agreement Ms. Bates presented information on this item. A copy of the material used in her presentation is included in the official record of this meeting. Governing Board Meeting October 9, 1997 Page 18 166 'l Motion by Ms. Carter to authorize Initiation of Rule Development to Amend Chapter 40E-4 to Incorporate by reference Revised Operating Agreement Concerning Regulation Under Part IV, Chapter 373. Between the South Florida Water Management District and Department of Environmental Protection. (Docket No. 97-8). Motion approved. 1 REPORT FROM THE EXECUTIVE DIRECTOR 41. Water Management ltighlights Mr. Poole presented information on this item. A copy of thc material used in his presentation is included in the official record of this meeting. Mr. Michael Slayton, Deputy Executive Director, announced that Ms. Rhonda Haag has been named Service Center Director for the Florida Keys Service Center. 42. Update on Broward County Land Use Designation Mr. Charles R. Rinaldi, Deputy Director, Construction & Land Management Department, information on this item. A copy of the material used iff his presentation is included in the official record of this meeting. 43. Joint Legislative Committee Update Mr. Slayton presented the update. A copy of the material used in his presentation is included in the official record of this meeting. 44. Governing Board Follow-up Items 45. Mr. Poole said Board Members received this information in their back-up material. Update on Litigation Ms. Barbara Markham, General Counsel, presented the update. A copy of the material used in her presentation is included in the official record of this meeting. End of Morning Discussion Agenda ADJOURNMENT There being no further business to come before the Board, the meeting ,,vas adjourned at 5:00 p.m. (i()\'l-:t;~N'lq'(i t~< ).\t~I) .\1t:.I"Fl\'(i \(il' XI)..\ GOVERNING BOARD HALF-DAY WORKSHOP Tuesday, December 9th, 1997 2:00 P.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL All or part of th~s meetIng may' be conducted as a teleconference ~n order to permit maximum participation of Governing Board Members. CALL TO ORDER 1. Discussion on District's FY99 Partnership (Grants) prograrns Relationships between Water Supply Plans, Water Resources Development, and Water Supply Funding. PUBLIC COMMENT Opportuntty for members of the public to dtscuss matters of mterest which are not on the agenda. BOARD COMMENT Opportunity for Board Members to d~scuss matters of mterest which are not on the agenda. ADJOURNMENT ~ i I I IIIIIIIIII IIII I I I I I I I II I outh FlOrida Water Management Dmt ict--- GOVERNING BOARD WORKSHOP Wednesday, December 10, 1997' 9:00 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, Florida CALL TO ORDER Note Any item which appears o,'~ ;he Regular Meeting Agenaa ,~' ":u,'sctay, Decemt~er 11 1997 may be an item for d~scu$$ton on tins meehng agenda Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda Overview of Draft Upper East Coast Water Supply Plan (1 hour) Mark Eisner. Sr. Supervising Planner. Upper East Coast/Kissimrnee Planning Division. Planmng Department C&SF Project Restudy Update (15 minutes) Tom Teets, Senior Supervising Planner, Lower East Coast Planning Division Planning Department Lower East Coast Water Supply Plan Update (15 minutes) John Mulliken, Senior Planner, Lower East Coast Planning Division, Planning Department Briefing on Broward County's anticipated petition requesting delegation of a portion of the Environmental Resource Permit program. (20 minutes) John Fumero, Deputy Genera/Counsel PUBLIC COMMENT ADJOURNMENT _South Florida Water Nlar a ement Dis ri el( GOVERNING BOARD MEETING Thursday, December 11, 1997 B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL Note ,~ny ,tern ,: ~,c.*: ~;,;;,e.~r', ;.~ :ne ,; /k'~hOp A~lenda of Wednesday Se.,..~r.:;er :0 ~997 may be ttem for dtscuss~o,~ or d;hO,q 9.': m~5 M~.~,t,,~ ,;~enOa Al! or Pa~ of tins ,meu:~::,~ may be conducted teleconference tn order to perm,t maxm~:,m Pa~/ccahon Of Governing Board Members CALL TO ORDER A. Insp~rahon: Armando Ram~rez B. Pledge of Allegiance to the Flag of the United States of America C. Presentation: Ms Miriam Singer, Chairwoman of the Human Resources Committee will recognize November's Employee of the Month - J. B. Jackson, Construction and Land Management Department · 25 Years Service Award Tom Fratz, Director, Right of Way Division, Construction and Land Management Department · Government Finance Officers Association's Award presentation of Certification of Achievement for Excellence in Financial Reporting - Bob Gray. Frank Mumby, Phyllis Baker, Barry Atwood & Jim Yager Mr. Mervyn C. Timbedake, Jr., t~nance Director. City of Boca Raton GFOA State Representative - Florida Southern Region D. Approval of the Minutes of the Governing Board Workshop of November 12, 1997 and the Governing Board Regular Meeting of November 13, 1997. MORNING AGENDA APPROVAL A. Additions, Deletions, Substitutions B. Abstentions GOVERNING BOARD MEETING SCHEDULE 1. Consider Schedule for Upcoming Meetings. 2. Consider Tentative Agenda for January ~/,/orkshop. 3. Accept the Audit Committee report, including recommended actions. Govermng Board Meebng December 11 1997 Page 2 MORNING CONSENT AGENDA Note The Boarcl may not w~Sh tO d~sCUSS these ~tem$ in~wtc]ually and may approve them as a group Anyone wishing to s~eak On one of these t$sues shou' ~ '.:"~;~ete ,1 pink spe~]her c`]rcJ ,]nd suDm~t /t to tho Otstnct Repres~ntahve .~ t~e IOb~)y prior tO cons/derahon o~ :,,..~ 2~nsent Agenda 7m$ w~ll oerm/t the Chmrman to pull such items for md/wdual d~scuss/on later on the agenda Pull items for discussion Motion to approve the Consent Agenda except for items pulled for discussion (Items Dulled will be cons~Oered by Ihe Boara .~ ':.er :~e D,scuss,or' :,~en,ja . BUDGET OFFICE 4. Approve Budget Transfers Approve Certificates of Correct,on to '".'. ,Non-Ad Valorer.- ,:,;r,cultural Pr,vilege Tax Roll and authorize the Executive Director .... ,.~ 3esignee. to s,.gr~ :he Cert,ficate MARTIN/ST. LUCIE SERVICE CENTER Authorize a contract extension w~th :he St. Lucre West Services District for the construction of a reverse osmosis side stream treatment system for a period of one (1) year at no additional cost to the District (Contract Number C-8867-A1) OKEECHOBEE SERVICE CENTER Authorize entering into a revenue contract with Ronnie Waldron for cattle grazing on 653 acres, known as the Raulerson/Hamm parcel, for a period of five years from the execution of this contract, in the amount of $37,500,as revenue to the District. The sum of $7,500 is budgeted for receipt in annual installments for FY 1998, FY 1999, FY 2000, FY 2001, and FY 2002 (Contract No. C-8828). o Approve a sublease between the Highlands County Board of County Commissioners and Elder M. Sumner and Louis E. Larson, Jr. for the purpose of grazing beef cattle on Surplus Tract No, KR 103-130 in accordance with the terms and conditions of the Lease With Option to Purchase Between South Florida Water Management District and Highlands County (Contract No. C-8970). BIG CYPRESS BASIN Authorize entering into a contract with Pickett & Associates, Inc. for digitized topographical data by aerial photogrammetric survey for the Big Cypress Basin Watershed Plan in the amount of $199,990, for which funds are budgeted. (Contract Number C-8700) 10. Authorize amending a Cooperative Agreement with U.S, Fish and Wildlife Service for extension of Grant Agreement (Lucky Lake Strand Structure) at no cost to the D~strict. (Contract Number C-4167-A1 ) , ][ [ ][[ [ In I[1~[1[[ [ [ Il [Ill [ Governing Board Meeting December 11, 1997 Page 3 OFFICE OF COUNSEL 11. Authorize amending a contract w~tr3 Eckert, Seamans, Cher~n & Mellott for legal services and representation in support of the District's Minority and Women Business Enterprise Contracting Rule and the overall ~mplementation of the D~stricrs Supplier Diversity and Outreach Program ~n the amount of $50,000 authorize a budget transfer in the amount of $50,000, and designate the amendment to be effectwe October 1, 1997. (Contract Number C-8220-A1 ) OFFICE OF GOVERNMENT AND PUBLIC AFFAIRS 12. 13. Authorize entering into a contract w~th MRD Consulting, Inc for a HIspanic Water Resources Awareness Outreach Program. ~n the amount of $80,000, for which funds are budgeted (Contract NumberC-9103~ Authorize entering into a contract wfth the Florida State University for Elementary Education Water Books, ~n the amount of $87,818. for which funds are budgeted (Contract Number C-9106) MANAGEMENT SERVICES DEPARTMENT/ADMINISTRATION 14. 15. 16. Authorize amending a contract with Kenneth D. Rosen to extend the term of the lease for the Miami Service Center for up to six (6) months, in an amount not to exceed $19,776.90. (Contract Number C-5109-A7) 17. Authorize amending, a revenue contract with KinderCare at Work. a division of KinderCare Learning Centers, Inc., for the sub-lease of the facility known as the Day Care Building located on Gun Club Road, on District property, for the period January 1, 1998 to September 30, 1998, in the amount of $40,792.5Q (Contract Number C-5347-A4) Authorize renewing a contract with CIGNA Employee Benefit C(.,~npanies for accidental death & dismemberment, dental and vision insurance's & flexible spending accour,t administration for employees of the District for the period of January 1, 1998 through December 31, 1998, in the estimated amount of $8,790,955 of which $7,037,241 is the estimated Distdct share with the balance of $1,753,714 paid by employee premiums. Of the estimated District share, $5,277,931 is budgeted in FY98, with $1,759,310 subject to Governing Board approval of the FY99 budget. (Contract Number C-5104-A4) Authorize renewing a contract with Florida Combined Life (through Blue Cross/Blue Shield of Florida) for coverage of long-term disability, basic, optional, spouse and dependent life insurance's for the employees of the District for the pedod of January 1, 1998 through December 31, 1998 in the estimated amount of $830,867, of which $386,072 is the estimated District share with the balance of $444,795 paid by employee premiums. Of the estimated District share, $289,554 is budgeted in FY98, with $96,518 subject to Governing-Board approval of the FY99 budget. (Contract Number C-5157-A4) t Govern,ng Board Meet,ng DecernlDer ~ ~ 1997 Page 4 CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 18. Approve staff recommendabons for releases of D~str~ct canal, mineral and road reservahons, releases of T I I T F canal reservations and ~ssuances of non-use commitments 19. Approve acceptance of land ~nterests ccns~s',~ng of Temporary Construction Easements on 9.00 acres, more or less, ~n Sechon 24 Township 48 South Range 25 East. Collier County, Cocohatchee Canal Phase 3 Improvements Project 20. Apl~'ove staff to file eminent domain pro,>:.=...~,ngs tn C,rcu~t Court for the acquisition of Tract Number BCB 100-153. containing 06 acres more or less as. descnbed in Exhibit "A". located ,n Collier County. Big Cypress Bas,r~ - Cocohalchee Canal Phase 3 Improvements Project 21. Approve Amendment to Option Agreement for Sale and Purchase of Tract No. 703-060. C-111 North project. Dade County. to replace the legal description and reduce the purchase price 22. Approve an amendment to the Acqu~s~bon Agreement w~th the Board of Trustees of the Internal Improvement Trust Fund for the joint purchases of lands within the Pal Mar, Save Our Rivers Project, using District land acquisition procedures (Contract Number C-6349- Al) 23. Approve an amendment to the Acquisition Agreement with the Board of Trustees of the Internal Improvement Trust Fund for the lomt purchases of lands within the Corkscrew Regional Ecosystem Watershed (CREW) CARL, Save Our Rivers Project. using District land acquisition procedures. (Contract Number TBD) 24. Approve the transfer of a porbon of South New River Canal (C-~ 1) Right-of-Way between Flamingo Road and Interstate 75, to Broward County. 25. Approve the immediate closing of a 13 3 acre parcel with Helen Turke a/ida Helen P. Turke. 26. Approve amending delegation of approval and Execution authority to the Executive Director or his designee approved at the August Governing Board meeting. 27. Approve a Memorandum of Agreement with Site One Partners and Triple Ranch, Inc. in full and final settlement of any and all administrative and judicial actions in connection with the District's RFP Number C-8326 and authorize entedng into a revenue generating management agreement with Triple Ranch, Inc. for management activities on the Site One parcel located in Palm Beach County, Flonda, in the amount of $195,000 over a five year pedod. Govermng Board Meeting December ~ I :997 Page 5 28, Authorize amenchng a cooperatwe agreement w~th the Flonda Game and Freshwater Fish Commission for land management serwces on the DuPu~s Reserve to renew the contract for one year, ~n the amount of 570,532 00 for which funds are budgeted. (Contract Number C91-2111-A4) 29. Authorize amending a cooperative agreement with the Flonda Game and Freshwater Fish Commission for management actiwt~es w~th~n the Southern Glades W~ldlife Environmental Area to exlend the contract for one (1) year ~n the amount not to exceed $74,712.00 for which funds are budgeted ('Contract Number C91-2433-A6) 30. Authorize amending a contract w~th F:lu~d Control Speoalhes, Inc for supplying gate operators for S-127 & S-131 Locks ~n the amount of $201,480, .of which $117,770 wdl be reimbursed to the Distrmt for payments made under contract, plus associated costs ~ncurred by the E)~str~ct and extend the contract by 650 days retroactwe retroachve to Aprd 15, 1996 (Contract NumberC-5048 CO #.4) 31. Approve acceptance, as grantee, of a conservahon easement from the 951 Land Holdings Joint Venture to the D~strict, conveying legal interest ~n enwronmentally sensitive land along Fiddler's Creek ~n Collier County. ECOSYSTEM RESTORATION DEPARTMENT 32. Authorize amending a contract with PEER Consultants P C./Brown & Caldwell, a joint venture, for professional services under Phase 2 of the supplemental technology standard of comparison development in the lump-sum amount of $99,905, for which funds are budgeted (Contract Number C-E008-A9B) 33. Authorize amending a contract with PEER Consultants, P.C./Brown and Caldwell, a joint venture, for construction management services associated with construction of the south bank ENR Test Cell Modifications in an amount not to exceed $273,980 for which funds are budgeted. (Contract Number C-E008-A11) REGULATION DEPARTMENT 34. Authorize rule development to amend Chapter 40E-63 (Everglades Regulatory Program) to add STA-6 inflow pump station as a new discharge point from the EAA and update the associated phosphorus Icad calculations. (Docket Number 98-5) 35. Authorize publication of notice of rule development to amend Rule 40E-4.091 (Publications, Rules and Interagency Agreements Incorporated by Reference) to incorporate the revised Operating Agreement Concerning Regulation Under Part IV, Chapter 373.F S. End of Morning Consent Agenda Govermng Board Meebng December 11 1997 Page 6 PUBLIC COMMENT (May de Opportumty for memne's of the put~/,c ;~ d~scuss f,',,~::;,,.~ .;! ,,::crest wmcn are r,o: on the agen~,~ PUBLIC HEARING at 9:30 A.M. Note The Bo~rc ~,i; ~'scuss these ,te"",s ~ndw,dually ,~ t-e order hsted CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 36. Authorize a resolution adv,s~ng the Department of Enwronmental Protecbon of the Save OurRwers Land Acquisition Program a,;opted budget needs for F-'Y98, utihzing up to five percent of the Distnct's allocabon from me Water Management Lands Trust Fund for pre- acquisition costs associated with prehmmary and preparatory activities as necessary for the Distnct to pursue acquismon of the fee c' uther legal interest rn lands pursuant to the Save Our Rwers Program and authorize the Executive Director. or his designee, to request reimbursement on a quarterly bas~s ~sed on actual expenditures for pre-acquisition activities. 37. Approve the purchase of land interests containing 2,577 20 acres, more or less, in Martin County, Atlantic R~dge Ecosystem PrOject, and authorize a resolution to the Board of Trustees of the Internal Improvement Trust Fund requesting reimbursement for one-half of this acquisition and associated costs and authorize a resolution to the Department of Environmental Protection requesting reimbursement for one-half of this acquisition and associated costs. VVilliam F. Malone. Director, Construction & Land Management 38. Approve Memorandum of Understanding with Florida Power & Light for STA-1W in the Everglades Construction Project. WTIliam F. Malone. Director, Construction & Land Management 39. Approve Memorandum of Understanding with Florida Power & Light for STA-2 in the Everglades Construction Project. William F. MalOne. Director, Construction & Land Management 40. Approve the purchase of land interests, including structures and improvements, containing 11.50 acres, more or less, in Dado County, 8.5 Square Mile Project, approve declaring surplus, disposal of, and removal from the asset records, and such structures and improvements deemed unnecessary fdr the stated purpose of the odgmals land acquisition, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. William F Malone, Director, Constructic ~ & Land Management 41. Approve the purchase of land interests containing 28.7 acres, more or less, in Polk County, Upper Lakes Basin Watershed Project, and authorize a resolution to the Departmant of Environmental Protection requesting reimbursement for these acquisitions and associated costs. Charles R. Rinaldi, Deputy Director, Construction & Land Management Govern,r~g Board Meeting December 11 IgC7 Page ? 42. Approve the purchase of Iand interests containing 3829 acres, more or less, in St. Lucie County, North Fork St Lucre R~ver Project in partnership wIth St. Lucie County, and authorize a resolution to the Department of Enwronmental Protection requesting reimbursement for th~s acclu~s~t~on and associated costs Chades R R/nald/ Deputy Director. Construction & Land Management 43 Approve the purchase of !and ~nterests containing 45 7,.: acres, more or less, ~n Oade County, East Coast Buffer Project and authorize resolutions to the Department of Environmental Protection requesting reimbursement for tins acclu~s~t~on and associated costs. · Chades F~ F~inald~ De~)/Jty D~r~.ctor Construction & ! or~d Management 44. Approve the purchase of land ~nterests containing 115 25 ,Jcres, more or less, ~n Dade County, L-31N Trans~hon l..ands Pr";:,';c; and authorizo ~.~.solutions to the Department of Environmental Protechon request~n9 reimbursement for tins acqu~s~hon and associated costs. Chades R R~nald/. Deputy D~rector. Construchon & .~r~d Management 45. Approve the purchase of land interests containing 153 _c4 acres, more or less, in Dade County, Model Lands Basin Project and C-111 North Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for these acquisitions and associated costs. Charles R. R~naldi, Deputy Director, Construction & Land Management 46. Approve the purchase of land interests containing 120.00 acres, more or less, in Lee County, CREW Project, and authorize resolutions to the Board of Trustees of the Internal Improvement Trust Fund requesting reimbursement for this acquisition and associated costs. Chades R Rinaldi, Deputy D/rector. Construction & Land Management 47. Approve Acquisition Agreement w~th the Board of Trustees of *he Internal Improvement Trust Fund and St. Lucie County for the joint purchases of lands within the Hutchinson Island/Blind Creek CARL, Indian R~ver Lagoon, Save Our Rivers Project, using Oistrict land acquisition procedures. (Contract Number C-9322) Charles R. Rinaldi, Deputy Director. Construction & Land Management 48. Approve Acquisition Agreement with the Board of Trustees of the Internal 'Improvement Trust Fund and St. Lucie County for the joint purchases of lands within the North Fork St. Lucie River CARL, Save Our Rivers Prcject, using District land acquisition procedures. (Contract Number C-9321) Charles R. Rinaldi, Deputy Director, Construction & Land Management 49. Approve Acquisition Agreement with the Board of Trustees of the Internal Improvement Trust Fund for the joint purchase of lands within the Okaloacoochee Slough CARL, Save Our Rivers Project, using District land acquisition procedures. (Contract Number C-.q324) I IIIIIIII I Govermno Boarcl Meeting December 1 I. 1997 Page 8 50. Consider acquisition of SOR lands End of Public Hearing PUBLIC COMMENT fMay De conhnuecl at tn,s r,me ,f not completed prior to the Pubhc Heanng ) BOARD COMMENT Opportumty for Board Memt)ers to d,scuss mailers of ~te,,:~: wh,ch are not On the agencla REPORT FROM THE ADVISORY COMMITTEES 51. OMBUDSMAN'S REPORT Richard E Williams. Distnct Ornb¢¢dsman MORNING DISCUSSION AGENDA Note: The Board w/Il d~scuss these ~tems ind~wdually in the order hsted DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA ECOSYSTEM RESTORATION DEPARTMENT The Everglades Construction Project Update will be the first item of business discussed after the lunch break. 52. Everglades Construction Project Update Joseph A. Schweigart, Director, Everglades Construction Project Dr. Jennifer Jorge, Deputy Director. Everglades Construction Project 53. Authorize amending a four-year cooperative agreement with the Florida Center for Environmental Studies (CES) for a partnership in collaborative research and cost sharing to include the new FY98 projects in the amount of $2,487,924 for which funds are budgeted; and authorize a budget transfer in the amount of $240,000 from the Planning Department, Lower West Coast Division, Professional Fees-Consulting Services to the Ecosystem Restoration Department. Staff, Interagencies-Public Universities. (Contract Number C-7641-A2.) Nick Aumen, Research Program Director, Everglades Restoration Department 54. Authorize amending a contract with Harry Pepper & Associates, Inc., for constructior, of the Everglades Nutrient Removal Project Wetland Research Test Cell Modifications, South Bank, in the amount of $1,837.950 for which funds are budgeted. (Contract Number C- E8602-R-A1) Dr. Jennifer Jorge, Deputy Director, Everglades Construction Project Govermng Board Meebng December 11 ~997 Page 9 ]66 'l BROWARD COUNTY SERVICE CENTER 55. Approve an intergovernmental partnership to dredge a portion of the Hillsboro Canal with the cooperation and partial funding from the District, the Florida Inland Navigation District, the Cities of Boca Raton and Deerfield Beach, and the Boating hnprovement Trust Funds of Palm Beach and Broward Counties Authorize entering into a 3-way cooperative funding agreement with the Cities of Boca Raton and Deerfield Beach to provide up to $500,000 and to specify condItions for deepening a portio~ of the Hillsboro Canal (Contract Number C- 989O) Authorize entering :nto a contract with Subaqueous Services, Inc. for dredging the Hillsboro Canal ~n the amount of $323,069~ Also, authorize a budget transfer ~n the amount of $120,000 from the Broward Service Center to the Construction and Land Management Department, and authorize a budget transfer in the amount of $203,069 from Okeechobee contingency reserves to the Construction and Land Management Department The funds from the contingency reserves will be reimbursed via an upcoming budget amendment in late FY98. (Contract Number C-9002) Jim Karas, Broward County Service Center Patricia Walker, Government and Public Affairs Art Sengupta, Construction and Land Management MANAGEMENT SERVICES DEPARTMENT 56. Governing Board discussion of Executive Director's performance review and recommendation for salary adjustment. Sandra Tumquest, Deputy Director, Management Services Department.//-luman Resources/Administration PLANNING DEPARTMENT 57. Request Governing Board authorization to approve the Minimum (30 minutes) Flows and Levels pdodty list and schedule Dean Powell, Deputy Department Director, Planning Department 58. Request Goveming Board approval of fiscal year 98-99 Alternative Water Supply Grants Program guidelines and procedures. (30 rninutes) Dean Powell, Deputy Department Director, Planning Department REGULATION DEPARTMENT 59. Authorize initiation of rulemaking and approve the publication draft of amendments to Rule 40E-1.607, F.A.C., Permit Application Processing Fees. (Docket Number 98-01) Terrfe Bates, Director, Regulation Department Govermng Board Meeting Decemoer 11 1997 Page 10 REPORT FROM THE EXECUTIVE DIRECTOR 60. Water Management H~ghhghts Samuel E. Poole III. Executive D/rector 61. Govermng Board Follow-up Items Samuel E Poole III E.~ecut/v,~ £' '.. 62. Update on Everglades L~hgation Barbara Markham General End of Morning Discussion Agenda 16G AFTERNOON AGENDA APPROVAL: 2:00 P.M. B. C D E F G Addtt~ons. Delehons. Subst:tut~ons Abstentions Pull Items for D~scuss~on Motion to Approve Afternoon Consent Age~da ,:-, :e~t for ~terns pulled ~';' ,'J~SCUSS~On Consider Afternoon Consent Agenda Items Purled for D~scuss~on Conhnue Morning Discussion Agenda (~f apl:)hcab~e) Consider Afternoon Discussion Agenda AFTERNOON CONSENT AGENDA: REGULATORY MATTERS NOTE: The Board may not w~sh to discuss these ~tems ~nd~vidually and may approve Ihem as a group Anyone wishing to speak on one of these ~tems should complete a green speaker card and submit ~t to the O~stnct Representative in the lobby prior to conmderahon of the Consent Agenda Th/s w~ll permit the Chairman to pull such items for/ndrVidual discussion A ccpy of the C(~nse.,~t Agenda ~s available upon request by contacting the RegulatiOn Department at (561) 687-5735 63. Consideration of Consent Agenda for Governing Board approval which ~ncludes Construction and Land Management ~tems: Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Permit Applications for Approval Under L~mited Amnesty Program Consideration of Consent Agenda for Governing Board approval which includes Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (includes Conservation Easements) Environmental Resource Permit Applications (includes Conservation Easements) Lake Okeechobee SWIM Works of the District Permit Applications Surface Water Management Permit Extensions Consent Agreements Emergency Authorizations Memorandums of Understanding Governing Board Meeting December 11 1997 Page 11 End of Afternoon Consent Agenda AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS NOTE: The Board w~ll d~scuss md~wdually m the order hsteo on the agenda DISCUSSION OF ITEMS PULLED FROM AFTERNOON CONSENT AGENDA End of Afternoon Agenda ADJOURNMENT 16G ! MINUTES ()F A MEETIN(; ¢)F TIlE GOVERNI.";G IgOARD )F Tlti'] SOUTH FLORIDA WATER MANA(;EMENT I)ISTRICT ItEl,I) AT OFFICES OF THE DISTRICT, 3301 (;UN CI.UB ROAD, WEST PALM BEACtl FLORIDA WEI)NI.~,NI)A Y. N()VEMIgER 12. 1997 ~J:~0 A.M. Thc f, flhvo,'ln,.z Board Members were prc,,ent t:rank ~\'~Ji]am~,on. Jr.. ChaJrrn,m Hu,..'cne K. Pettis Nl~r~am Singer XV~llaam Graham Vcra Caner W ill~atn [ {ammond Rich,fid Machek Samuel [:.. Po()le. III. Sccretar', CALL TO ORDER The Meeting was called to order at ~.tX.~ a.m. by Chzurman \vflllamson. Board questions for staff about an.',' items on the Thursday Regular or Regulatory Consent Agenda. Ms. Singer questioned item 21. .';ir. Hzunmond noted that he will n,~t attend the Thursday meeting to discuss items for the December workshop, tie asked that ,,taff schedule a presentation on the U.S. Army Corps of Engineers Environmental Impact Statement for Southwest Florida, and include a briefing on how staff looks at secondary and cumulative impacts, ms well as thc District's role in the process. Mr. Harrunond asked that staff schedule a workshop presentation on how the District looks at Best Management Practices. specifically phosphorus loadings into the Everglades. and include a perspective on how ~ssues apply to the D~strict's policies and procedures. Govern, ns Bo:ud Workshop Novcmbc. r 13. 1997 Page 2 2. The Role of Research in l.ake Okeech.bee Vegetation .Managemen! Issues .Mr. Dan Tha)¢r, D~rcclor, Vcgc~.~i:, ,n Management D~ ~.~on. O~ra~ion~ & Maintenance Department, prc~cnted infi,rmat,m on this item. A copy of the material used in his presentation i~ included in ~l~e ,fftlcial record of thi~ meeting. Mr. Chuck ttanlon, Staff Env~ronmcnt,fl .";c,¢nt~st, Everglades Restoration Department, presented ,nformat~on on research progran;., A copy of thc material used tn his presentauon ~s included tn thc official rcc()r.l of this meeting. .Mr. Wayne Nel'.,on. [:i,,hermen ..\,: ~:::.: Destruction of thc Environment. expres,,cd concern about propo,,ed plan,,, t,, tt~rn the aquatic management of Lake Okeechobee over to the I; .~ Army Corp,.. ,: t:ngmeers. Mr. Poole sa~d the D~,,tr~ct is seeks::: ~,~ re-focus its core nl~,ssion. 3. Overview of Procurement Rede.sign M's. Jill Womble. Director, Entcrpr:.,e Design. Office of Enterprise Engineering. presented the overview. A copy of the m.,tcr~,d used in her pre.,,cnt:,t,on is included in the official record of this meeting. ADJOURNMENT There being no further di,~cu,cs~on t,, .',,mc before the Bc, ard. the meeting was adjourned at I0:I0 a.m, ! .'MINUTES ()F A JOINT .MEETING OF Till'; ¢;()VERNIN(; BOARD OF TIlE SOUTH FI.ORII)A 's~,'ATER ~L. kNA(;EMENT DISTRICT AND TItE PAI.M BEACH COUNTY COMMISSION, IIELI) AT THE CloAYTON I[UTCIIESON AGRICI_'I.TURAI. CENTER, WEST PAI.M BEACH, FLGRII)A NOVEMBER 12, 1997 12:00 NOON The tbllowlng Board Members were present Frank Willlamson..Ir.. Cha~rrn.,n t:uge,m K. Perils .Xl~nam Singer William Graham Vera Carter W,Ilmm Hammond Mlchacl Minton R'chard Machck Samuel E. Poole. III, Secret:ir,. The following Palm Beach County Commission Members and Officers were present Bur~ Aaronson, Chairman Maude Ford Lee Ken L. Foster Karen T. Marcus Warren H. Newell Carol A. Roberts Robert We!smart. County Admim,,trator Patrick Miller. Deputy County Administrator Gordon Selfridge. Chief Deputy County Attorney Michele Hall, Deputy Clerk CALL TO ORDER The Meeting was called to order at 9:00 a.m. by Chairman Williamson and Chairman Aaronson. Joint Governing Board/Palm Beach County Cornmlsston Meeting Nm, ember l'l. 1997 Page 2 16G ()bjective.s ('ommr,,,Ioner Aimm.,,m lhalll.,cd Ih, ,,C ks. tll~ allcndcd the jOlIlt llle¢[ing and proposed assembling Board Members 'and C, mmussioners on a quarterly biksl~, to review water managemenl iv, ues. ti{: ann.unocal tllat presentations would bc made by thc I.akc Worth Drainage District and I.,}xahatchee Nat,mai Wildlife Refuge. Chmrm,m ',3,'ill~amson expressed gr;,t~tudc lo thc Commissmncrs for mcctmg with Distrtct Board Members. l lc stated hi,, intentmm, of o~ning up lines of comnmnication wsth thc Corral) ~n watcr Illanagcmcnl lsstlC~ JlC touched on water discharge problems and explained that the presentations would h~ghlight solutions to combat the waste of natural resoulces DISTRICT INFORMAI'If)NAI, I'RI.2qE~.T..VI'I()NS Plan Relationships M's. [xn Wagner. Pr~,Nct Manager. 's,mtheastern Palm Beach County Integrated Water Resources Strategy. pre.,ented a det.,led ,ummao' of thc relat,onship between the Southeastern Strategy, the Northern Palm Be,ch County Comprehen,,~ve Water Management Plan and the Lower East Coa.,,t Regional Water Supply Plan. In addition. she presented details of how the Central and South Florida Flood Control Project Comprehensive Review Study ¢Restudy) related to other water resource plans. Comm:ssioner Foster identified exL,,t:ng flooding problem,. ~n the Acreage and said he would favor a cost-effective approach m combat these problems, tte added it would be necessary to counter-act flooding by utilizing existing facilities to their maximum potential prior to removing land from the tax rolls. Mr. Dan Cary. Director. Planning Department informed Commtssmner Foster that cost-eff¢ct,.'e storage technology alternatives are currently under rcvtcw. Commissioner Aaron.son addressed thc problem of undcr-uulszatmn of recycled water within the County. He suggested rcqumng new developments to make usc of recycled water for purposes such as lawn imgation. Mr. Cary sa:d the benefits of recycled water are immense and advancements to examine the problem are under way. Mr. Hammond gave examples of municipalities which have local ordinances requiring the installation of Iow-flow fixtures m new developments. He suggested staff explore these possibilities within the county. Commissioner Newell outlined various studies producing nearly the same results with no implementation. Prompted by lack of urgency, he requested that members take immediate actmn on these confirmed studies. Mr. Car3' concurred and said action would be taken. ]o,nt Govcrmng Board/Palm Beach County Commission Meeting November 13. 199'/ Page 3 l.ower East Coast Work Plan Mr Shay. n Scully. D~r¢ctor. l.,v~vcr Ea.,,t Coast l'lann,ng D~vtsion. Planning Department. prc.,,cnted infom~alion on the following: Governing Board action on the l.ower East Coast Work Phm is slated for March 1998. v.~th a plan om~pletinn date in Detmlmg thc design along v.'~th t'eas~bility stud~c~, and ~mplementation will begin tn t999 through 2001. .-\doptmg the nummum fl~)'.,., .md lc~ el', technical cnten;, ~ ~th a recovery plan beginning in 2(.gXI REGUi..~,R A(;ENDA .Mr. Gar>' Demlan. D~rector. Palm Beach County Water ['tilitic,, Department, discussed Water Supply ~,,sue.,,. management of water discharged to tide/Lake Worth l.agoon settlement removal, and Shallow Wetland Storagc/I.akc Okeechobee Storate/Water Conservation Areas. Discussion of the following items was deferred: gegu~~ule for Water Conservation4rrea4 Costs and Funding of Water Supply Development and Water Resource Development Projects Commissioners requested that additional meetings be scheduled, possible on a quarterly basis, with the Water Management District Governing Board. PUBLIC COMMENT Mr. Terry Lewis, attorney representing Lake Worth Drainage District. expressed concern about raising water levels in Water Conservation Area I. which he said impacts drainage in his district. Mr. Burkett Neely, Manager, Loxahatchee National Wildlife Refuge, spoke in support of the higher levels. He said at a water level of 14 feet in WCAI, more than half of the Refuge is drained. He said the higher regulation schedule mimics the historical conditions of the Everglades. 4 Joint Govermng Board/Palm Beach County Commission Meeting November 13. 199'/ Page 4 Mr. Wayne Nelson. Fb, hermen Agam~,t Destruction of the Environment. asked that Commissioners instruct Water Utilitv D.:partment ~;taffto return his telephone calls. Ms. Rosa Durando. Audubon Society of the Everglades, questioned thc future of water supply in Southeast Florida. She objected to the inability of thc District to request drainage districts to retrofit, allowing water supply outfall to be d~,,charged to tide. Ms. Durando sa~d the level ~,f drainage ,er,, Ice .,. ~:hln the County ts never explained in detail to potentval rcudents. .Ms. Barbara Susco, a local realtor. ,,uggc,,tcd that govcrnmcn! agcncms combine publishing efforts to save taxpayer dollar,, ,";he ,,aid government officials should take othei'ongomg studies into con,,ideratmn bc:,)re making decisions. Ms. Susco also said she is opposed to taking land from tax roll, :',)r water management. : Mr. Herb Zebuth. Department of k;~,. ~:,)nmcntal Protection. ,,aid Southea.,.t Florida has a flooding problem, especiall.,, ~:', natural areas, which destroys vegetation and wildlife. He said sediments m 12.ke Okeech,'~bee have killed vegetat,on and filled estuaries when large amounts of water arc d~,charged to tide from lake Okeechobce. ADJOURNMENT There being no further business to come before the Board and the Commission, the meeting was adjourned at 3:50 p.m. .MINUTES OF A MEETING OF TIlE GOVERNING BOARD ¢)F TIlE SOUTil FI.ORIDA WATER MANAGEMENT DISTRICT HELD AT OFFICES OF THE DISTRICT, 3301 GUN CLUB ROAD, WEST PALM BEACII FI.,ORIDA TIIURSDAY, NOVEMBER 13, 1997 8:30 A.M. The following Board Members were ?re.,ent }':rank Willlamson. Jr., Cha,rma:~ Eugene K. Pcttis Mir, am Singer William Graham Richard Machek Vera Carter Mitchell Berger Michael Minton Samuel E. Poole. III. Secretary. CALL TO ORDER Chairman Williamson called the meeting to order at 8:30 a.m.. followed by the inspiration by Ms. Perla Sole-CaJas. and thc pledge of allegiance to thc Flag of thc United State.,, of America. Presentations: Ms. Miriana Singer, Chairwoman of the Human Resources Committee recognized October's Employee of the Month, Mr. Tim Scharff, Senior Geographer, Data Management Division, Water Resources Evaluation Department Chairman Williamson, Mr. Poole, and Mr. James Yager, Director, Management Services Department, presented the District's 25 Years Service Award to Ms. Betty Brannock, Management Services Department. Chairman Williamson, Mr. Poole, and Ms. Jeanne Hall, Director, Operations and Maintenance Department, presented the District's 25 Years Service Award to Mr. Robert Johnson, West Palm Beach Field Station, Operations & Maintenance Department. 1 6G "1''e, Governing Boa, rd Regular Meeting November 13, 1997 Page 2 Approval ot' Minutes Motion by Ms. Singer to approve the Minute.s or the Governing Board Workshop or October 9, 199'7, the Governing Board Regular Meeting or October 9 and the Special Governing Board Meeting on October 30, 199'/as written. Motion approved. MORN'lNG AGENDA APPROVAl. Additions, Deletions, Substitutions Mr. ['hfl~p Kochan. S,:m,,r Bu~,,ne~, (.)F,c:at,,,ns Analyst. Exccut~'.'e ()fficc. ,,a~d changes are reflected in the r,:vised agenda. A copy of thc ~c'. ~,,,:d agenda is included in the official record of th,s meeting. Motion by Mr. Machek to approve revision.~ !o the Consent Agenda. Motion approved. Abstentions Mr. Minton abstained on ~tem 20. MORNING CONSENT AGENDA Pull items for discussion. Mr. Williamson said staff has requested that item 15 be pulled Ms. Singer pulled items 9 and 10. Mr. Pettis pulled item 7. Motion to approve the Consent Agenda except for items pulled for discussion Motion by Ms. Singer to approve the Morning Consent Agenda as revised. Motion approved. The following items were approved as part of the Morning Consent Agenda. BUDGET OFFICE 4. Approve Budget Transfers. 5. Approve clarification of Resolution 97-47, Appendix D; relating to the deferral of agricultural privilege tax for 1996 vegetable classified acreage. MARTIN/ST. LUCIE SERVICE CENTER Go~crmn~ Board Regular Mcctm~ No~¢rnbct 1.1. 1997 16G Authorize a contract extension with St. l.ucie County for the removal of exotic plant species along the Norlhfork of the St. I.ucle Rt.'er ~State lands onlyl f'ora period of six (6) months at no additmnal cost to the District. tContract Number C-7850-A I ~ OFFICE OF COUNSEl. 8. Authorize arncnd~ng a o)ntract wnh Rudcn, McClosky, ct ,,l . f,~r legal representation in thc bid protest filed concerning Contract C-El07, (IT Corporation v. SFWMD), in the amount of S250,f~)q. Authorize a Budget Transfer in thc amount of $25tl.r~X), and Designate the Amendment to be effecw.'e August .7, 1907. (Contract Number C8222-Ai) [EC00] CONSTRUCTI()N AND I.ANI) MANA(;EMENT I)EPARTMENT ' I! Prog.:~. 12. Authorize cntenng into a contract with AKA Scr',qccs. inc h,r thc Culvert PCOI, L-b1 Replacement in the amount ors 168,850. for which funds arc budgeted. {Contract Number C- 8316) 13. Authorize amending a contract with Saltsman construction. Inc. for the BCB bridges to add deceleration lanes in the amount of $62,849, for which funds are budgeted. {Contract Number C- 801 !, CO2) 14. Approve staff recommendations for relea.ses of District canal, mineral and road reservations. releases of T.I.I.T.F. canal rese~'ations, and issuances of non-w,e commitments. OPERATIONS AND MAINTENANCE DEPARTMENT 16. Authorize entering into a contract with National Linen Service. Inc., for leased uniforms and weekly cleaning services to designated employees for three 13) one-year periods (with options to renew for two additional one-year period.sL in the amount of $645,612, of which $215,204 is budgeted in the FY98 budget and the remaining funds are subject to the Governing Board approval of the FY99 and FY00 budgets (.5,430,408). (Purchase Order Number PS00466- National Linen-West Palm Beach, P800468-G & K Services-Opa Locka, P800469- G & K Services-Lakeland, PS00470-G & K Services-Ft. Myers) 17. Authorize entering into a contract with Helicopter Applicators. Inc. for aerial application services in the amount of $1,920,000 of which $620,000 is budgeted in FY98 and the remaining funds are subject to the Governing Board approval of the FY99 a4d FY00 budgets. (Contract Number C-9557) 1 Go,.erning Board Regular Meeting Nm. ember ] 3. Page 4 18. Authorize entering into a c~x~peratlve afrcemcnt with the Nammal Park Service. Everglades National P~k, for support of thmr mclaleuca ,md exotic tree control activities in thc amount of 5150,00). of which S60,(LK)is budgeted m Iht FY9§ budget ;md the remaining funds are subjecl to the Governing Board approval of [he I:'f't0 arid [:Y00 budget,,. {Conmtct Number C-9553) ECOSYSTEM RESTORATI¢)N I)I.;P:'~R'I'.MI.~NT 19. 20. Authorize amending a cm)peratl,.'e a~2reement with Texa.', A & M University for collaborative research on regional movements of v. adln~2 birds in the Kls,..immee/Okeechobee/Everglades ecosystem to extend the cr)ntract by ,,,:e ',¢,,r at no additional cnntract cost. (Contract Number [.'.,~61~4...\ 1 ~ ; Authorize extending a '.~ork order o,, ,,.,,.,r,~tlve agreement b~ Ihree year,, v,'llh Ilarbor Branch Oceanographic InslItut~on fi)r collab~:.~:'..: re,;eareh in estuar~ne ecm, v,,lem,, of south Florida, in an amount not to exceed 5500,000., ,I '.~ !rich S84,772 ~s bud~,eted in J:Yg8, and the remaining 5415,228 l, ~ubject to Gox e:::..;;~z Board approval ~,~' lhe I~:Yot,~ , 5183.'750) and FYOO 1S231,478) budgels. IContract N,,~;nber C-6627-A3~ 21. Authorize a change order to a Contract '.~ :th Harry Peplx'r ,x ..\,,,~{x:iate,,. Inc. fc, r installation of a specially designed pemmeter t'enc~ng ,u'ound the nomh bank of test cells at the Everglades Nutrient Removal project in the amount ,~I' 563.947 for which funds are budgeted. {Contract Number C-E8602-R-CO3) End of Morning Consent Agenda MORNING DISCUSSION AGENDA DISCUSSION OF ANY ITEMS PUl. LED FI,tOM MORNING CONSENT AGENDA Authorize amending a contract with Carlton, Fields, et.al, for legal services and representation in support of the District's defense in complex legal challenges to the Everglades restoration Program Mr. Pettis asked that staff prepare a list of additional firms that qualify for such business in order to initiate work on short notice, and report back to the Audit Committee on this issue within 30- 60 days. Ms. Singer asked that the list reflect the District's diversity. Mr. Berger asked that staff seek to internalize such work whenever possible. Motion by Mr. Pettis to authorize amending a contract with Carlton, Fields, et.al, for legal services and representation in support of the District's defense in complex legal challenges to the Everglades restoration Program, including legal services relating to the Miccosukee's challenge to the Water Quality Standards, the ENRfNPDES Permit & challenges, and Proposed Modifications to the Settlement Agreement, to increase funding in the amount of $100,0t)O., for which $50,000 is budgeted and $50,000 is substituted from funds budgeted for Inverse Condemnation legal services. (Contract Number C91-2613-A8). Motion approved. Govcrmng Board Regular Mcc0ng November 13. 1997 Page ~ 16G Board Memt)er.~ returned t, ~',m.stdt'ratton rd' ttem! at thi.; time. GOVERNING BOARD MEETING SCilI';I)UI,E i. Consider Schedule for Upcoming Meetings. Mr Po,'~le presented the schedule ..\ copy of the schedule ~, ~ncluded ~n the official record of this meeting 2. Consider Tentative Agenda for l)ecember Workshop. Mr. Poole presented the tentalivc agenda for Decembcr', ~,~r~,hop. A copy of the tenlat~ve agenda r, ~ncludcd m thc official record ,~l' iht, meeting 3. Accept the Audit Committee report, including recommended actions. Mr. Pem~. Chairman. Audit Conmnttcc presented thc rcF.,,:': Mr. Pett~ smd the Audit Committee met on November 12. I,tg7 and: Rccommcnded Governing Board approval of the ln,,pcctor Genend's Annual Report on FY 1997 accomplishments. The accomplishmcnt.s included the finalization of 8 audit reports, two follow-up audit reports, the invcsttgation of one full Whistle-blower complaint, and other inquires including investigatmn of the dispute and protest of the Site One Land Lease Request for Proposals. Recommended Governing Board approval of the proposed Internal Audit Plan for FY 1908. Recommended Governing Board approval for staff to proceed with the Project and Financing Plan for the Emergency Operations Center and the Field Operations Center (FOC). Recommended Governing Board approval for staff to proceed with the design and build process for the B-50 building replacement and the Foe. o Recommended Governing Board approval to authorize revisions to the Distric:'s Travei Policy. 6. Approved the minutes of the October 8. 1997 Audit Committee meeting. He said thc Committee also was presented a review of the Management Services Department by Johnson and Johnson Associates. Governing Board Regular Meeting N,~emher I~. 199'~ .t)ag¢ t) Motion by Ms. Singer to accept the Report of the Audit Committee Meeting of November 12, 1997, and to approve the actions recommended by the Committee. Motion approved. Board Members a.Rrccd tr~ return te, cfm 5bb'r,ttt,m ,~f items pulled f, r etiscu.~.~ie,n. DISCUSSION I')1-' ANY ITEMS lq;IA,El) I"R¢)M M()RNIN(; ¢'()NSENT A¢;ENDA Authorize Rule Development and Initiation of Rulemaking and Approve the Publication Draft of Amendments to Part VI, Chapter 40E-7, F.A.C. concerning specific M/'WBE Contracting Provisions ,'vis. S~nger a.,,ked that th~s item be dclcm.'d until later in the meeting to allow her to discuss 1 concerns ~'llh stiflf Board Members agreed 10. Authorize Rule Deveh)pment for the i)i.strict's Proposed Equal Employment Oppo~unity Rule Ms. S~ngcr said she supports approval ,,;' d~s ~tcm, but l~cl, ~t ~s ~mponant that that thc Bo~d ~ presented ~ ovc~iew of this issue. Ms. Shell Wood. Attorney. Office of Counsel. presented the oxemiew. A copy of the material used in her presentation is included in the official record of this meeting. Motion by ~. Singer to authori~ Rule Development for the District's Propos~ Equal Employment Op~rtunity Rule. ~ocket Number 98-2p). Motion approved. 15. Approve the purch~ of land interests containing 9.22 acre,;, mo~ or I~$, in Collier County, Big C~r~ B~in Mr. Chiles ~n~, ~puty Director - l~d. Cons~ction ~d [~d M~agement ~pmment. pmsent~ info~atzon on ~is item. A copy of the mat,fit us~ in his presentation is included in the offici~ r~ord of this m~ang. Motion by ~. Machek to approve the purchase of land inte~ contusing 9.22 ac~, mo~ or I~, ~ Collier County, Big C~ B~in - C~ohatch~ ~fl Ph~e 3 Improvemen~ ~jecL Motion approve. P~LIC COMME~ Ms. N~ciann Reg~ado, Nation~ Audubon S~iety, commented on the Bond's Wednesday, Novem~r 12, 1997 Joint m~ting with the Palm Beach County Commission. Governing Board Regular Mc¢lmg November 13, 1997 Page 7 Responding to comments bv Ms. Regalado that the Board should focus on protecting the Loxa. hatchee National Wildlife Refuge from po,c,,~ble impacts by future urban water use. Chairman Williamson asked that staff schedule meeung,, with local government officials whenever the District has an off-site v,'orkshop. PUBLIC ltEARIN(; at 9:30 A.M. Chaim~an William,mn opened the punic hearing, CONSTRUCTI()N AND I.ANI) MANA(;EMENT DEPARTMENT Approve the purchase of land interests, including structures and improvements, containing 11.62 acres, more or less, in Dade County, 8.5 Square Mile Project Mr. William F. Malone, Director. Construction & Land Management Department, presenled information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Singer to approve the purchase of land interests, including structures and improvements, containing 11.62 acres, more or less, in Dade County, 8.5 Square Mile Project, approve declaring surplus, disposal of, and removal from the asset records, any such structures and improvements deemed unnecessary for the stated purpose of the original land acquisition, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Aproved. Approve the purchase of land interests containing 40.0 acres, more or less, in Dade County, L-31N Transition Lands Project Mr. Charles R. Rinaldi, Deputy Department Director - Land. Construction & Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Singer to approve the purchase of land interests containing 40.0 acres, more or in Dade County, L-31N Transition Lands Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. 26. Approve the purchase of land interests containing 262.57 acres, more or less, in Dade County, L-31N Transition Lands Project 1 Govcrmng Board Regular Mcc~mg Novcrnhcr 13, IOO" Page ~ Mr. Rmald~ prc,,entcd mf. nnat,on on tin, item. A copy of the material used m his presentatmn ,s included in thc official record ,~f this meeting blotion by Mr. Machek to approve the purch:t,w ,f land interest,~ containing 262.57 acres, more or less, in Dade County, I.-31N Transition I,and.~ Project, and authorize a ResaMution to the Department of Environmental Protection rcque.,,ting reimbursement for this acquisition and asso<:iated costs. Motion approved. 27. Approve the purchase of land interv.,,t,, o,ntaining 75.00 acre.,~, more or less, in l.,ee County, CREW Project Sir. Rinald, presented mfonnatmn on ~::~, :~e}n. A cop>. of thc m,,tenal u.,,¢d n'l his prcscntatmn ~s included in the ofl'ic~al record of ti'il,, meetlm2 Motion by Ms. Carter to approve the purch.t,c ,~f land interests containing 75.00 acres, more or less, in Lee County, CREW Project. and aulh,ri~e a resolution to the Department of Environmental Protection re(iut.'stinll reiml)ur~cment for these acqui.~itions and tt,,,iocialed cost, i. Motion approve(l. 28. Consider acquisition of SOR lands. Mr. Malone presented infonnation on th~ ~tem. A copy of the material used in his presentation is included in the official record of th,s meeting. Mr. Malone said this is a routine item to ,nvolving the acqmsmon of lands within the Kissimmee Prairie Ecosystem project. Motion by blr. Machek to approve the execution of a Quit Claim Deed in favor of the Trustees of the Internal Improvement Trust Fund as to undivided 76.2 percent interest and to the District as to an undivided 23.8 percent interest for lands acquired from the Latt Maxcy Corporation within the Kissimmee Prairie Ecosystem Project. Motion approved. End of Public Hearing PUBLIC COMMENT Mr. Dean Morehouse asked the Board to approve issuing a non-use permit to allow his firm to proceed with a real estate transaction. Mr. William Malone, Director, Construction and 'L,and Management Department, said staff received the permit application on November 7, 1997, and plans to recommend action on the permit application at the December 1997 Board meeting. Govermng Board Regular Meeting N~vernber 13. Iq97 Mr. Tom Wolfe. Deputy General Counsel, said District rules require that an agenda listing all items to be constdered by the Board be available for the public sexen days prior to the meeting. He said the rule does not allow ttems to be added except those that are of a non-controversial nature, and must be considered for reasons which are compelhng and, due to unforeseen circumstances, did not appear on the original agenda. Mr. Pettis recommended that the B,ard adhere to thc rule ~,nd a,,kcd thc applicant to return in December. at which time the permit applicatmn ,,,.'ill be on the agenda for consideration by the Board. BOARD COMY, IENT · Sir. Berger reported on the Governor', (',mimission for a Sustainable South Florida. lie said the commiss~on has discussed the East Coa.sl study, the U.S. Army (',~rp~ of Engineers Restudy, and the need for better public outreach. Ms. Singer asked for an update on the I);,trtct's ethics pollo'.. Ms. Singer said thc comnmtee wtll address the LEC inter:m p.an She said the committee supports the interim plan. REPORT FROM TIlE ADVISORY COMMITTEES Ms. Barbara Miedema, Vice-Chairperson. Agricultural Advisory Committee, presented thc report. A copy of the material used in her presentation is included tn the official record of this meeting. 29. OMBUDSMAN'S REPORT This item was deleted. ECOSYSTEM RESTORATION DEPARTMENT 30. Everglades Construction Project Update Board Members agreed to consider this ~tem later in the meeting. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 1 Governing Boazd Regular Meeung November 13.19q7 Page I0 Items 32.32A and 32B ~.crc deleted 33. Authorize a petition for administrative proceeclings pursuant to the District's objection to land use amendment 97-17 adopted bv the Broward Count>' Board of County Commission. Mr. Jim Karas, Broward Service Center. presented informam)n ,m this item. A copy of the material used in his presentation is included in the official record of iht, meeting. Mr. Karas said staff has concerns about the amendment, which will affect thc Water Preserve Area project. He said staff is seeking authorization to negotiate with Broward County officials, and will assure the county that the District has no intent to d~spose of the Chambers property. He said staff is also seeking authorization t,, file administram.'c proceedings if Broward County adopts the amendment. Mr. Berger suggested that the District ~tate its commitment on the record not to dispose of the Chambers property until the year 2001, when the USACE Restudy is complete. Chairman Williamson suggested that thc Board defer action on this item until later in the meeting to allow staff to draft a recommendation on that ~s~,ue. Board Members agreed. Motion by Mr. Petfis to authorize staff to file administrative proceedings if Broward County adopts the amendment. Mr. Berger suggested that the Board consider both staff recommendations together. Motion withdrawn by Mr. Pettis. This item was deferred until later in the meeting.. II I III IIII I III IIIIIIII I I I I I II IIIIII II Governing Boazd Regular N,~vcmber 13. 199" Pa~¢ II OFFICE OF ENTERPRISE ENGINEERING 34. Authorize entering into a six-year contract with BellSouth Communications, Inc. for the purchase {$1,159,543 [FY 98 $1,092.285]), installation and maintenance of ($850,047 [FY 98 $35,868]~ a new telephone system Mr. 'T'rc~,)r Campbell. D~rcctor. Ofl'~,.:c ,it' Enterprise Engineering & Chief Information Officer. presented background on this item. Mr Gar5.' Eggcbraatcn. Scnmr Operating Systems Analyst. Project Management Division. Office of Enterprise Engmeenng, presented reformation on this itclll ..'~ copy of the material u~,ed m his presentation l~ ~ncluded m the official record of this meeting. .' Motion by Sis. Carter to authorize entering into a six-year contract v,'ith BellSouth Communications, Inc. for the purchase ~$I.159,543 [FY 98 $1.092.2851h installation and maintenance of ~$850,047 [FY 98 $35,86811 a new telephone system in an amount not to exceed $2,009,590, of which $1,094,000 is budgeted in FY 98, and authorize a substitution of $35,868 from available funds within the operating expenses appropriation unit of the Office of Enterprise Engineering. (Contract Number C-8358). Motion approved. PLANNING DEPARTMENT 35. Presentation of the District Water Management Plan Annual Report Mr. David Gilpin-Hudson, Senior Planner, Division of Policy. tSzonomics and Business. Planning Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Gilpin-Hudson said staff recommends that the Board accept the Annual Report and authorize transmittal of the report to the Florida Department of Environmental Protection. Motion by Mr. Machek to approve staff's recommendation. Motion approved. 36. C&SF Project Restudy Update Mr. Tom Teets, Senior Supervising Planner. Lower East Coast Planning Division, Planning Department, presented the update. A copy of the material used in his presentation is included in the official record of this meeting. PUBLIC COMMENT Mr. Jim Harvey. representing the Florida Keys Fishing Guide's Association, noted a letter from Florida Governor Lawton Chiles regarding the planned widening of the 18-mile stretch of U.S. I in Monroe County. Go~,ermng Bo~d Regular Meeting Page 12 REPORT FROM TIlE EXECUTIVE I)IRECTOR 37. Water Management llighlights Mr, Poole presented ~nformation on tht, ~temn. is included ~n thc official rec~mt ofth~s mect~n~ A cop)' of the material tsscd ,n his presentation Ms Kathy Copeland. Director. Of lice ,q' (;ovemment and Public Affairs. presented a video detailing the mzs,aon of the Di~,tnct. She sa~d the ,, ~deo w~Ls produced ~n-house and will be distributed a,, an educational to~fl 38. 'Governing Board Follo',~,'-up Item.,~ .. Mr Pc, ole noted that t',dl~.-up Item, .~:~u ~ncludcd in the Board ,~ hack-up material. Board Members aereed I~ t',m.~&ler item 3(),:; :;:t ~ trine. ECOSYSTEM RESTORATION DEPA RTM ENT 30. Everglades Construction Project Update Mr. Joseph A. Schweigarl. Director, l!vcrglades Construction Project, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Machek suggested that staff cond~ct ~ours of the ECP for Board Members. BOARD COMMENT Chaarman Williamson expressed concern about the District's planned response to a request by Florida Representative John Laurent for information on how the District rates its various missions. Board Members suggested that the response be ,,ent with a letter of explanation. Board Members returned to consideration of ttem 30. 30. Everglades Construction Project Update Mr. Joe Moore, DJ'rector, Office of Budget and Procurement, presented information on the project financial schedules. 39. Update on Litigation Ms. Barbara Markham, General Counsel. presented the update. A copy of the material used in her presentation is included in the official record of this meeting. Governing Board Regular Meeting November 13. 1997 Page 13 Ms. Markham reported on recent litigation involving Smith Construction vs. SF'WMD. He said the jar3' in that case found tn favor (,,f thc District. Ms. Markham recommended that thc Board accept the offer from Smith Con~,lruct~on of $24(').000 as payment m full. Mr. Berger ,;uggested that the District include an agreement addressing collateral attacks when it approve,; a ,;e,lement agreement Motion by Mr. Berger to approve staWs recommendation, and to include an agreement in future settlement agreements addressing collateral attacks. Motion approve. 'Ms. Markham also noted that IT ('oq'~,watton has filed ~,u~t ~n U.S. DistnCl Courl againsl ~hc District's Minority and Women Business t:ntcrpr, se policy's bidding pro/:cdure. AIVTERNOON A(;ENI)A APPROVAl.: 2:00 P.M. Additions, Deletions, Substitutions Mr. Eugene Perils. Vice-Ch~:urman of the Governing Board. n,,~cd the following changes handed out as additional backup to Item 41 of the Afternoon Consent Agend~ PERMIT APPLICATIONS Surface Water Management Hogan gland Farms fpage 3. paragraph 3): Approval subject to no objections by November 26 Kev West Marriott Phase 3B ~page 12. paragraph 1~: ~.07 acres wetlands impacted..00 acres of mitigation/compensation (performance bond until mitigation plan approved), approval subject to no objections by November 27 OIA - North Crossfield Taxiway Phase I (page 15. paragraph 4): Mitigation provided in previous pem'u~ Ibis Golf and Country Club (page 17, paragraph 6): Permit type includes Conceptual Approval modification, approval subject to no objections by November 19 Water Use Hogan Island Farms (page 4, para~aph 4): Approval subject to no objections by November 26 Environmental Resource Go~ermng Board Regular Meeting N,,~ember 13. 1997 P~ge ia 16G 1 Grand l.akes {page .5. paragraph 2 ~ Posqx~ned Io December 11 Bo~ad Xlcl~,~ Garden~ ~pa~e ~. paragr,q~n 3 ~: Approv~ ~ublec~ ~o no objecuons by Novem~r 27 P~ers,~n Suhdiv~n ~page ~. par'a~raph 5): Appr~val ~ubjec~ ~o no objections by N<~em~r V~lla Real Ap~mems at ~ral ~page ?, p~agraph 9): l'o~poned ~o Decem~r I I Bo~d Yankee Bluff Gr~ve ~page '}. paragraph I): Appr,~val ~ubjec[ ~o no obj~tions by Novem~r i 9 Am~s~ad Ranch ~p.~ge 13, para~r,~ph l~: Post.ned ~o Dccem~r II B,~ard Prime Rate Ranch tpage 1.~, ?.~r.~graph 3): Appr,~.d subjcc( ~ no objections by Nt~vem~r 27 E~,t Ai~eld ~velopment S~(e Prep~afion Phase I ~page 14. p~agraph 1): Mitigation provided in prev~,~u~ Keene's Pointe (page 14. p~agraph 3): 2.78 acres wetl~ds impacted ~nn~ Homes Section 19 (RolFs Pro~y) (page no obj~tions by Novem~r 27 Wa~r U~ ~nial Eveready R~ch (page 20, p~agraph I ): Pos~ned to Decem~r 11 Bo~d Cogent Agr~ment~ P~m Beach Polo Holdings. lnc ipage 22, p~agraph 3): Postponed to ~cem~r II Bo~d Acme ~provement Dis~ct ~d the Village of Wellin~on ('page 22, p~graph 4): Post~n~ to ~em~r I 1 Bo~d Atl;mtic Gulf Co~unifies Collation (page 22, p~a~aph 5): Post.ned (o ~em~r I 1 Bo~d Governing Board Regular Meeting November 13. 199'/ Page 15 Abstentions Mr. Berger abstained on ~tcm 40. Nc',,, Right of Wa),' Permit applicaOon for Florida Power and Light Ipage 2. paragraph 61, Ne,,,.' R~ght c,I' Way Permit application fl'~r Florida Power and Light (page 3, paragraph 7). New Right of Way PermIt application for Florida Power and Light (page 3. paragraph 8). R~ght of Way Occupancy Perrmt Modification fl',r Florida Power and Light (page 5. paragraph 3}. and ~tcrn 41. En',lronmenI:,l Rc.,~urce Permit appl,cat~on for Florida Department of Transportation {page I. paragraph I}. Environmental Resource Permit application for Florida Department of Transportation (page 7. p~u'agraph 8), and Environmental Resource Permit application for Florida Department of Tran,;pc~r~atton I page 18. paragraph 8 ~. ~m,t ;! Consent Agreement with Palm Beach Polo ltoldings, Inc. Ipage 22. paragra?h 3). Mr..M~nton abstained on ,tern 40. Nc,.,, R~ght o£ Way Permit .~pplication for Florida Power and Light ipage 2. paragraph ~'~. Ne,.,. R~.ch~ ,~ Way Permit appl~c,~t:,,n for Florida Power and Light (page 3, paragraph 7), and Ne~. Right ,~I' X¥.~,. Permit application for Florida Power and Light (page 3, paragraph 8). and item 41. [:.nv~r(',nment,l Re~,ourcc Permit application for Lennar Homes. Inc.. (page 18, paragraph 7). Pull Items for Discus.sion Ms. Bates said Ms. Rosa Durando. Audubon Society of the Everglades. requested that the Board pull item 41, Environmental Resource Permit application for Lennar Homes, Inc.. (page 18. paragraph 7). Chairman Williamson agreed. Motion to Approve Afternoon Consent Agenda, except for items pulled for discussion. Motion approved. Abstain - Mr. Berger. Mr. Minton (on the items they specified above). The following items were approved as part ~:t' the Afternoon Consent .4 eenda, except item 41. Environmental Resource Permit applicatton .b~r Lennar Homes, Inc., tpage 18, paragraph 7), which was pulled. AFTERNOON CONSENT AGENDA: REGULATORY MATTERS 40. Consideration of Consent Agenda for Governing Board approval which includes Construction and Land Management items: Emergency Authorization Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Permit Applications for Waiver of District Criteria Right of Way occupancy Permit Applications for Approval Under Limited Amnesty Program Authorize Rule Development for Amendments to District Rules Concerning Works of the District Right of Way Occupancy Permits Govermng Board Regular Meet,ng November 13. 1997 Page 16 41. Consideratmn of C,m~,cnt Agenda f,,r c;,,,.eming Board apprm.'ai which ~ncludes Regulator>' ltem~: Water U.,,c Permit Appl~catmns Surface Water Management Permit APi',l~catmns (including ('~',n,,¢r',,'atwm Easements} Environmental Re,;,c, urce Permit Applxc:~t~,',ns (including C,',n,¢rvation Ea,,¢rnentsl Everglades Works of the D~stnct Per:n:t Applications · Lake Okeechobee W{~rk.., ,ff the Di,.,!n,. t Permit Applicatmn., Denials Amendments to Memorandums of I 'r:dcr,,tanding · Con,,¢nt Agreement:, End of Afternoon Consent A~enda AFTERNOON DISCUSSI¢)N AGENDA: I,~I-i¢;ULATORY MA ITERS DISCUSSION ()F ITEMS Pt'I.I.EI) FR()M AFTERNOON C¢)NSENT A¢;ENDA 41. Environmental Resource Permit application for Lennar ltomes,, inc., Ipage 18., paragraph 7). Ms. Bate.,, said staff has prepared an addendum to this item to address thc concerns raised by Ms. Durando. Ms. Durando stated her agreement. Motion by Ms. Singer to approve Environmental Resource Permit application for Lennar Homes, Inc., (page 18, paragraph 7}. Motion approved. Abstain - Sir. Minton. MORNING DISCUSSION AGENDA Board Members returned to consideration of item 9. Items pulled for discussion ,, Authorize Rule Development and Initiation of Rulemaking and Approve the Publication Draft of AmendmenLs concerning specific M/WBE Contracting Provisions Ms. Barbara Markham, General Counsel, said staff has not had an opportunity to discuss this item with Ms. Singer. She said staff recommends authorization. Ms. Singer said she will vote against this item. She said there are several issues that need to be discussed more fully. Mr. Minton noted that authorization of the rulemaking process does not prevent the Board from discussing Ms. Singer's concerns prior to adopting the rule. Mr. Pettis said he supports moving forward with the rulemaking process. ~l~ll I I IIII II III I I II I III I Governing Board Regular Meeting November 13, 1997 Page I 7 Motion by Ms. Carter to Authorize Rule Development and Initiation of Rulemaking and Approve the Publication Draft of Amcndmen,.~ to Part VI, Chapter 40E-7, F.A.C. concerning specific MfWBE Contracting Provisions. t Docket Number 98-4~. Motion approved. Aye - Mr. Petits, Mr. Berger, Ms. Carter, Mr. Machek, Mr. Minton· Nay - Ms. Singer. Mr. Graham. Absent - Chairman Williamson..Sir. Hammond. Be)a rtl ,~,ifem.t~er.~ returned tr~ 33. Authorize a petition for admini,strative proceedings pursuant to the DL,~trict's objection to land use amendment 97-17 adoptt~! hv the Broward County Board of County Commis.sion. Mr. Jim Karas. Broward Sc~'lcc Center. ,,aid staff recommend, that the Bo~d reaffirm thc Diqtncl has no plans to confider selling lands purchased from Br,-.~'ard County for Water l'rcsc~c Areas until Sep~em~r 2~)1. ,ttltJ ,ltllh~ri~c ,:al'~' I,~ negotiate for excel:finn within thc next six monih~ an enforceable, recordablc agrccmem with [t:.,..~.~rd County on Motion by Mr. Berger to approve staff's requc.q to reaffirm that the District has no plans consider selling lands purchased from Broward County for Water Preserve Areas until September 2001, and authorize staff to negotiate for execution v, ithin the next six months an enforceable, recordable agreement with Broward County on this i~,;ue. Motion approved. Motion by Mr. Berger to authorize a petition for administrative proceedings pursuant to the District's objection to land use amendment 97.17 adopted by the Broward County Board of County Commission. Motion approved. REGULATION DEPARTMENT Conditional 20-Year Duration Water Use Permit 42. Consider a request by Island Water Association, Inc. for the issuance of a Conditional 20-Year Duration Individual Water Use Permit for Island Water Association Inc Mr. Wm. Scott Bums, Director. Water [:se Division, Regulauon Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Bums said staff recommends approval. Motion by Ms. Carter to approve a request by Island Water Association, Inc. for the issuance of a Conditional 20-Year Duration Individual Water Use Permit for Island Water Association Inc., Lee County. Motmn approved. Govcrning Board Regular Mect,ng November 13. 1997 Page 18 16G 1 Discussion of Variance Process 43. Discussion of Variances from specified review criteria. Ms. Susan Mar~in. Sr. Attorney. Ofti,.'e ¢)f Counsel. presented reformation ~,n new statutory requirements for variance,, and w,Uver,~. Mr. Ken Ammon. [),:put>' Director, Regulation Department, presented information on thc types of variance request.,,. A copy of thc m;,tcnal used in his presentation is included in thc official record of this meeting. Mr. Robert Diefenderfcr. an attome', repre,,enting Sailfish Point. ~;aid hb, client will be the first applicant before the D~stOct for a va.rianc¢ under the new statute.,,. He urged ,,taft to stay within the reasonable assurance,, ',nmdard when it ,.,,t;,:,lers lhe application Mr. Ammon said public health and xale[', must be the highe,,t priority mn,, decision and that additional reasonable assurance,, will be nece,,,,:,rv for obtaining a variance involving public safety. End of Afternoon Agenda ADJOURNMENT There being no further business to come before the Board. the meeting was adjourned at 3:30 p.m. ;E .South Florid W ter N nagement Dmtr ct GOVERNING BOARD VVORKSHOP Wednesday, January 14, 1998 9:00 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, Florida 33406 CALL TO ORDER Note Any/tem which appears on the Regular Meeting Agenda of Thursday, January 15. 1998 may be an/tem for discuss/on on this meehng agenda o Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. C&SF Project Restudy Update (45 minutes) Tom Teets, Senior Supervising Planner, Lower East Coast Planning Division Planning Department Stuart Appelbaum, Chief of Ecosystem Restoration Section, U.S. Army Corps of Engineers Discussion of C-111 Basin Study (15 minutes) William Crispin, Everglades Restoration Oversight Group Colonel Joe Miller, U.S. Army Corps of Engineers Stuart Appelbaum, Chief of Ecosystem Restoration, U.S. Army Corps of Engineers Overview of Frog Pond Issues (30 minutes) William Ma/one, Director, Construction & Land Management Department Chuck Rina/di, Deputy Director, Construction & Land Management Dept. Fred Davis, Director, Land Stewardship Overview of District Internet XWEB (20 minutes) Bob Haine, World Wide Web Administrator, Oft~ce of Enterprising Engineering Govermng Board Workshop Januaw 14 1998 Page 2 Presentation on the Cooperative Funding Program (15 m~nutes) Dean Powell, Deputy D/rector. Planning Department Over~ew of the D~stnct's Secondary and Cumulative Impact Criteria and Update on the Southwest Florida ElS (45 m~nutes) Rob Robbins, Director, Natural Resource Management DJ'v/sion Chip Merriam, Director, Fort Myers Service Center 8 Update on Supplemental Technologies (30 minutes) Nick Aumen, Research Program Director, Ecosystem Restoration Department PUBLIC COMMENT ADJOURNMENT GOVERNING BOARD MEETING Thursday, January 15, 1998 B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL 33406 Note Any ~tem v,'h/ch appears on the Workshop Agenda of Wednesday January 14 f998, may be an /tern for d~scuss~on and/or achon on this Meeting Agenda CALL A. B. C D TO ORDER Inspiration: Sue Bellantonio Pledge of Allegiance to the Flag of the United States of America Presentation: Ms. Miriam Singer, Chairwoman of the Human Resources Committee will recognize December's Employee of the Month - Ralph Hayden, Lead Engineer. Construction and Land Management Department Presentation of awards from I'FVA (International Television and Video Association), Charleston Worldfest Film and Video Festival, and The Communicator Awards, to Pat Partington, Visual Design Liaison, Visual Communications Division Approval of the Minutes of the Governing Board Workshop of December 10, 1997 and the Governing Board Regular Meeting of December 11, 1997. MORNING AGENDA APPROVAL A. Additions, Deletions, Substitutie:~s B. Abstentions GOVERNING BOARD MEETING SCHEDULE 1. Consider Schedule for Upcoming Meetings. 2. Consider Tentative Agenda for February Workshop. 3. Accept the Audit Committee report, including recommended actions. Accept the Human Resources Committee report, including recommended actions. Oovermn~ Board Me~'t"~ q J,3nu;Ir't Page MORNING CONSENT AGENDA w~sh~ng ~o spea~ ..;n 3ne of the3e ~:;sues shouL~ .:~tmpiete a p~nk .~;/:,. ~ .... :drd and :;uDm4 /t to th~, D~5~.'~ .; Rep~sentahve ~n t~e IobDy prior to cons~derahon of tile Consent Agenda '~':s will 9ermd the Chairman to pu~l SuCh ~tems for md~wdual d~scuss~on later on tho agenda A Pull items for discussion Motion to approve the Consent Agenda except for items pulled for discussion rllems C'J:'.ed ~dl ~,e Ccns,Cered b't '.r~e Board u~der the ID~scuss,or ;.'.:er'da ) EXECUTIVE OFFICE Authorize entering ~nto a three (3) year contract w~th James Mart~n & Co. for management consulting services to provide assistance to the South Florida Water Management D~strict. The purpose of this contract ~s to provide assistance in further aligning our programs, budget process and performano? measures w~th our mission and priorities The contract is for an amount not to exceed 5250.000, of which $100.000 ~s budgeted in FY98 and the remaining $150.000 is subject ',o Gc ...... ,-,,-. n_ ,-,,-,,-,-i ~pproval of the FY99 and FY00 budgets. (Contract NumberC-9151~ BUDGET OFFICE 6 Approve Budget Transfers FORT MYERS SERVICE CENTER Authorize entering into a contract w~th the Corkscrew P,e~j.onal Ecosystem Watershed Land and Water Trust to provide environmental education through use of SOR lands as a natura! classroom, manage public use through permits, report public use 'levels. assist real estate activities, and assist in real estate acquisitions Effective date is October 1. 1997. (Contract Number C-9834) Authorize entering into a cooperative agreement with the Lee County Regional Water Supply Authority for the construction of a Treated Water Aquifer Storage and Recovery System at the Lee County Utilities Olga Water Treatment Plant North Reservoir. The District anticipates a total project cost of Six Hundred Thirty Four Thousand Dollars and No Cents ($634,000.00), of which the District is funding Three Hundred Thousand Dollars and No Cents ($300,000.00), with the balance of funds in the amount of Three Hundred Thirty Four Thousand Dollars and No Cents ($334,000.00) to be obtained from the Lee County Regional Water Supply Authority. (Contract Number C-9828) Authorize entering ~nto a cooperative agreement with the Lee County Regional Water Sul:ply Authority for the construction of a Treated Water Aquifer Storage and Recovery System at the City of Fort Myers Water Treatment Plant. The District anticipates a total project cost of Six Hundred Thirty Four Thousand Dollars and No Cents ($634,000.C0), of which the District is funding Three Hundred Thousand Dollars and No Cents ($300,000.00), with the balance of funds in the amount of Three Hundred Thirt~ Four Thousand Dollars and No Cents ($334,000.00) to be obtained from the Lee County Regional Water Supply Authority. (Contract Number C-9829) Govermng Board Meebng January 1~, 1998 Page 3 1 66 '1,? 10¸ Authorize entering into a cooperative agreement w~th the Lee County Regional Water Supply Authority for the construcbon of an expansion of the Treated Water Aquifer Storage and Recovery System at the Lee County Ubht~es Corkscrew Water Treatment Plant. The District anticipates a total project cost of Two Mdlion One Hundred Sixty Two Thousand Dollars and No Cents ($2,162,000 00), of whmh the D~strlct is funding Three Hundred Thousand Dollars and No Cents ($300,000.00), w~th the balance of funds ~n the amount of One Milhon E~ght Hundred Sixty Two Thousand Dollars and No Cents ($1,862,00000) to be obtained from the Lee County Regional Water Supply Authority (Contract Number C-9830) 11. Authorize entering ~nto a cooperative agreement with the Lee County Regional Water Supply Authority for the construction of a Regional Interconnected Pipeline System. The District anticipates a total project cost of Eight Hundred Twenty-Eight Thousand Dollars and No Cents ($828,000.00), of which the District is funding Three Hundred Thousand Dollars and No Cents ($300,000.00), with the balance of funds in the amount of Five Hundred Twenty Eight Thousand Dollars and No Cents ($528,000.00) to be obtained from the Lee county Regional Water Supply Authority. (Contract Number C-9831) 12. Authorize entering into a cooperatwe agreement with the Lee County Regional Water Supply Authority for the construction of a Raw Water Aquifer Storage and Recovery System at the Lee County Utilities Olga Water Treatment Plant. The District anticipates a total project cost of Nine Hundred Thousand Dollars and No Cents ($900,000,00), of which the District is funding Three Hundred Thousand Dollars and No Cents ('$300,000.00), w~th the balance of funds ~n the amount of S~x Hundred Thousand Dollars and No Cents ($600,000.00) to be obtained from the Lee County Regional Water Supply Authority. (Contract Number C-9832) 13. Authorize entering into a cooperative agreement with the Lee County Regional Water Supply Authority for the construction of a Regional Wellfield and treatment plant. The District anticipates a total project cost of Two Hundred Eighty Seven Thousand Dollars and No Cents ($287,000.00), of which the District is funding One Hundred Forty Three Thousand Seven Hundred Fifty Dollars and No Cents ($143,750.00), with the balance of funds in the amount of One Hundred Forty Three Thousand Seven Hundred Fifty Dollars and No Cents ($143,750.00) to be obtained from the Lee County Regional Water Supply Authority. (Contract Number C-9833) MIAMI SERVICE CENTER 14. Authorize entering into a retroactive amendment to a cooperative agreement with the City of Miami Beach to evaluate Aquifer Storage and Recovery (ASR) technology in the storage and re-use of stormwater for irrigation to extend the termination date of the contract for 18 months (from July 25, 1997 to January 25, 1999) at no additional cost to the District. (Contract Number C-7819) MANAGEMENT SERVICES DEPARTMENT 15 Authorize remowng assets fror'n the property records that nave been d~sposed cf or have remmned urqocated for a period of three f3) years CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 16. Approve and execute a Resoluhon declaring and adophng S332D a Work of the D~stnct pursuant to Subsection 373 086f2), Fla Admin Code 17. Authorize amending a cooperahve agreement with the Florida Department of Environmental Protechon to Drowde funding for and repomng on management actiwties of the Loxahatchee River. Save Our Rivers property, for one year, in an amount of $100,000 for which funds are budgeted IContract Number C91-2447-A3) 18. Approve staff recommendat,,-,n~ for releases of Dlstr~ct canal, minera~ qqd road reservations, releases of T I I T F canal reservations, and issuances of non-use commitments 19. Approve acceptance of a donation of land ~nterests consishng of a Temporary Construction Easement on 0 433 acres, more or less. ~n Sections 20 and 21, Township 40 South, Range 32 East, Glades County, within Levee L-61 in conjunction with the Culvert at County Road 74 Replacement Project 20. Authorize entering ~nto a contract with Action Mechanical, Inc. for construction of the Building B-50 HVAC Improvements Project in the amount of $296,000 of which $180,000 is budgeted, and authorize a budget substitution of $116,900 (Contract Number C-9036) 21. Authorize entering into a contract with L. J. Nodarse & Associates for Professional Engineering and Testing Services ~n the amount of $270.000 for which $120,000 is budgeted in FY '98 and $150,000 ~s subject to approval of FY '99 Budget. (Contract Number C-9000) ECOSYSTEM RESTORATION DEPARTMENT 22. Authorize entering into a revenue contract with the Florida Department of Environmental Protection (FDEP) to receive funding under an approved Section 319 Grant as the Environmental Protection Agency's cost-share to fund the submerged aquatic vegetation/limerock treatment system technology demonstration for removing phosphorus from Everglades Agricultural Area waters in the amount of $185,000, for which funds are budgeted. (Contract Number C-9609) OFFICE OF ENTERPRISE ENGINEERING 23. Authorize entering into a contract with BGS Systems, Inc. for the Sole Source purchase of Best/1 for UNIX and BesfYl for NT in an amount not to exceed $143,702 for which funds are budgeted. (Requisition Number PO(X802290) Govern,ng BoarO Mee: ng Janua~'~ ~ 5 Igg8 Page 5 16G OPERATIONS AND MAINTENANCE DEPARTMENT 24. Authorize amending three separate work order contracts w~th the firms of Texas Aquatic Harvesting, Weedbusters, Inc. and Adirondack Harvesters, Inc, for mechanical harvesting services to increase contract funding ~n an amount not to exceed $310,500, of which $150,000 is budgeted and authorize a budget transfer in the amount of $160,500 from avadable chemical funds (Contract Numbers C-7550-A3. C-7558-A3, C-7559-A2) 25. Authorize entenng ~nto a work order contract with Aquatic Plant Management for ground application services ~n a total amount not to exceed $957,658, of which $289,009 is budgeted for F'Y98, and authorize a budget transfer in the amount of $8,649 from available chemical ~'und~. and the remaimng $660.000 is subject to Governing Board approval of the FY99 and FY00 budgets (Contract Number C-9558) 26. Authorize entenng into a work order contract with Applied Aquatic Management, Inc. for ground application services ~n a total amount not to exceed Sl,576,468. of which $486.468 is budgeted for FY98, and the remaining $1,090,000 is subject to Governing Board approval of the FY99 and FY00 budgets. (Contract Number C-9559) 27. Authorize a waiver of competition for over $25,000 as an exception to the General Standards for Competition for a one-time purchase of Pathfinder II chemicals for vegetation management from Dow Elanco PLANNING DEPARTMENT 28. Authorize amending Contract Number Co7798 for the Northern Palm Beach County Comprehensive Water Management Plan to add Phase II in the budgeted amount of $150,000 for fiscal year 1998 and retroactively extend terms of the Agreement for one year. (Contract Number C-7798) 29. Authorize the District staff to proceed with the development of FY2000 Public Works Program funding applications in accordance with the State Public Works Program (c~WP) for District sponsored construction proiects and studies. REGULATION DEPARTMENT 30. Authorize entenng into a contract with Dyer, Riddle, Mills and Precourt, Inc., for the determination of appropriate pre-development versus post development volume criteria for new and/or existing developments which would result in additional protection of the water resources of the State, in the amount of $100,000.00 for which funds are budgeted. Authorize a budget substitution for $680.00 which has been budgeted for Phase II of this project for a total of $100,680.00. (Contract Number C-8501) Govermng Board Meebng January ~5 1998 Page 6 16G 31 Authorize acceptance of $43.250 from Secondary Holdings, Inc., to be directed to Fund Code 11 to be used to acquire, enhance, and manage ,3 75 acres of wetlands as mitigation for an Army Corps of Engineers permit WATER RESOURCES EVALUATION DEPARTMENT 32. Authorize entenng ~nto a contract with Engineered Environmental Solutions, Inc. to install momtonng wells to estabhsh research monitoring sites in isolated wetlands in the amount of 572,650, for which funds are budgeted. (Contract Number C-8665) End of Morning Consent Agenda PUBLIC COMMENT (May be moved to follow Pubhc Heanng) Opportumty for members of the pubhc to d¢scuss matters of interest which ~3re not on the agenda PUBLIC HEARING at 9:30 A.M. Note The Board w~l d~scuss these ~tems mdw~dually ~n the order listed CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 33. Authorize a resolution advising the Department of Enwronmental Protection of the Save Our Rivers Land Acquisition Program adopted budget needs for F'Y98, utilizing up to five percent of the District's allocation from the Water Management Lands Trust Fund for pre- acquisition costs associated with prehm~nary and preparatory activities as necessary for the Distdct to pursue acquisition of the fee or other legal interest in lands pursuant to the Save Our Rivers Program and authorize the Executive Director, or his designee, to request reimbursement on a quarterly basis based on actual expenditures for pre-acquisition activities William F Malone, Director, Construction & Land Management Approve resolution advising the Department of Environmental Protection of the Save Our Rivers Program, Construction and Land Management Department, adopted budget needs for FY '98 utilizing funds in the amount of $4,836,842 from the Water Management Lands Trust Fund and authorize the Executive Director or his designee to request reimbursement on a quarterly basis based on actual expenditures for land management, maintenance, and capital improvement activities. William F. Malone, Director, Construction & Land Management 35. Approve the purchase of land interests, containing 2.72 acres, more or less, in Dade County, 8.5 Square Mile Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. William F. Malone, Director, Construction & Land Management Oovermng Board Meetmg Janua~ 15 lgg8 Page ? 16G 1', 36 Approve the purchase of land ~nterests containing 89.05 acres, more or less, in Broward and Dade Counhes, East Coast Buffer Project, and authonze a resoluhon to the Department of Environmental Protection requeshng reimbursement for th~s acquisition and associated costs Charles R Rinald/, Deputy D/rector-Land. Construct/un & Land Management Dept. 37. Approve the purchase of land interests conta~mng 2.5 acres, more or less, in Dade County, Southern Glades (C-111) Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for th~s acquisition and associated costs. Chades R. R/nald/, Deputy D/rector-Land, Construct/on & Land Management Dept. 38. Approve the purchase of land interests containing 194 36 acres, more or less, ~n Dade County, L-31N Transition Lands Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinald/, Deputy D/rector-Land, Construct/on & Land Management Dept. 39. Approve the purchase of land interests containing 1,37775 acres, more or less, in Dade County, Model Lands Basin Project. and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinald/, Deputy Director-Land, Construct/on & Land Management Dept. 40. Approve the purchase of land interests containing 50.66 acres, more or less, in Dade County, Model Lands Basin Project and C-111 North Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director-Land, Construction & Land Management Dept. 41. Approve Acquisition Agreement with the Board of Trustees of the Internal Improvement Trust Fund and St. Lucie County for the joint purchases of lands with the Hutchinson Island/Blind Creek CARL, Indian River Lagoon Save Our Rivers Project, using Dist~i~ !and acquisition procedures. (Contract Number C-9322) Charles R. Rinaldi, Deputy Director-Land, Construction & Land Management Dept. 42. Consider acquisition of SOR lands. End of Public Hearing PUBLIC COMMENT fMay be conhnued at th/s hme ff not completed pnor to the Pubhc Heanng ) BOARD COMMENT Opportunity for Board Members to d~scus$ matters of interest which are not on the agenda REPORT FROM THE ADVISORY COMMITTEES Go~ern,ng BoardMeebng Janua~ '5 ~99~ Page 8 43. OMBUDSMAN'S REPORT R~ch~rd E VVilliams, D/str~ct Ombudsman 16G 1' MORNING DISCUSSION AGENDA Note The Boarc~ w/Il d~;cu~,~ the.~e ~tem~ md/wdually /n the order h~ted DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA ECOSYSTEM RESTORATION DEPARTMENT 44. Everglades Construction Project Update Joseph A Schweigart. Director~ Everglades Construchon Project Dr Jenn,'fer Jorge, .Deputy Director, Everglades Construct/on Project CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 45. Approve an0 adopt a resolution authorizing staff to file eminent domain proceedings in Circuit Court for the acquisition of Tract Number BCB 100-153, containing 0.6 acres, more or less, as described in Exhibit "A", located in Collier County, Big Cypress Basin, Cocohatchee Canal Phase 3 Improvements Project. Chades R. Rinaldi, Deputy Director-Land, Construct/On & Land Management Dept. 48 Approve an Application for Federal Assistance and Grant Agreement Stormwater Treatment Area 1 East with the U S. Department of the Inter~or for the purchase of land interests containing approximately 4,938 acres, more or less. ~n the Stormwater Treatment Area 1 East project, in the amount of forty-six million dollars ($46,000,000), and authorize the Executive Director, or his designee, to execute the Application and Grant Agreement. Charles R. Rinaldi, Deputy Director-Land, Construct/on & Land Management Dept. REGULATION DEPARTMENT 47. Authorize initiation of rulemaking and approve the publication draft of amend ,r:"ents to Rule 40E-1.607, F.A.C., Permit Application Processing Fees. (Docket Number ,od-01) Terrie Bates, Director, Regulation Department REPORT FROM THE EXECUTIVE DIRECTOR 48. Water Management Highlights Samuel E. Poole III, Executive Director 49. Governing Board Follow-up Items Samuel E. Peele Iff, Executive Director 50. Update on Litigation Barbara Markham, General Counsel End of Morning Discussion Agenda Governing Board Meeting January 15 1998 Page 9 AFTERNOON AGENDA APPROVAL: 2:00 P.M. B C D E F G Additions. Delebons, Subshtut~ons Abstenbons Pull Items for O~scuss~on Motion to Approve A,ffernoon Consent Agenda. except for ~tems pulled for dfSCUSS~O.q Consider Afternoon Consent Agenda Items Pulled for D~scuss~on Continue Morn,ng D~scusston Agenda td apphcable) Consider Afternoo'~ D~scuss~on Agenda AFTERNOON CONSENT AGENDA: REGULATORY MATTERS NOTE. The Board may not w~st~ to d~scuss these 4ems md~wdually and may approve them as a group Anyone wishing to speak on one of these ~tems should complete a green speaker card and submit It to the O~stnct Representahve in the lot)by pr/or to con$~derahon of the Consent Agenda Th~s will permit the Chairman to pull such ltems for indl¥ldual d~scuss/on A copy of the Consent Agenda is avaflable upon request by contachn~7 the Regulahon Department at (561) 687.6736 51. Consideration of Consent Agenda for Governing Board approval which includes Construction and Land Management items: Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Perrmt Applications for Waiver of D~stnct Criteria Denials 52. Consideration of Consent Agenda for Governing Board approval which includes Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (includes Conservation Easements) Environmental Resource Permit Applications (includes Conservation Easements) Everglades Works of the District Permit Applications Lake Okeechobee Works of the District Permit Applications Denials Surface Water Management Permit Extensions Consent Agreements Petitions for Administrative Hearing End of Afternoon Consent Agenda Govermng Board Meet,ng January 15 19g~ 1 ~ G 1 ~1 Page 10 AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS NOTE The Boar~ wdl ~scuss ~nd~wdually ~n the order hsted on the agenda DISCUSSION OF ITEMS PULLED FROM AFTERNOON CONSENT AGENDA Statement of Permittability 53. Concur with the "Statement of Permittability" (prepared in accordance with the "Expedited Permitting Memorandum of Agreement" between the District and the Governor's Office of Tourism, Trade and Economic Development) for the World Expo Center/Osceola Trace project in Osceola County. Terne Bates, Director, Regulation Department Consert Agreement 54. Execute a consent agreement between SFWMD and Palm Beach Polo Holdings, Inc. involving settlement of an enforcement action regarding unpermitted construction of surface water management works and alteration of a wetlana ..,,..,,,J,,,J,,,c,,[ ~n Peacock Pond (Section 21, Township 44 South. Range 41 East, Palm Beach County) John J. Fumero, Deputy General Counsel, Office of Counsel Litigation Authority 55. Authorize SFVVMD staff to file suit and take all appropriate action, including authority to settle the matter subject to approval of the Executive Director, against Palm Beach Aggregate, Inc. f/kJa GKK Corporation in the 15t~ Judicial Circuit for Palm Beach County regarding un-authorized construction of surface water management works, unpermitted use of ground water for a commercial mining project, and violations of the special conditions of Water Use Permit 50-01629-W and Environmental Resource Permit 50-00281-S (Sections 17, 20, 27-29, 32-34, Township 43 South, Range 40 East. Palm Beach County) John J. Fumero, Deputy General Counsel, Office of Counsel Recommended Order 56. Consideration of 1) the Administrative Law Judge's Recommended Order of Dismissal concerning a third party challenge to SFVVMD's intent to issue an Environmental Resource Permit for Wellington Commons a/k/a the Forest Hill Mall; and, 2) timely filed Exceptions to the Recommended Order of Dismissal and Responses thereto, if any; regarding DOAH Case 97-2860, Norma Perdue v. T.J. Palm Beach Associates, Limited Partnership and South Florida Water Management District John J. Furnero, Deputy General Counsel, for SFWMD Staff Barbara A. Markham, Genera/Counsel, for the Governing Board End of Afternoon Agenda ADJOURNMENT 16G MINUTI-Zg OF A SPECIAl. WORKSHOP OF THE (;()VERNIN(; B¢)ARD ()F TIlE SOUTil FI.()RIDA WATER MANA(;E.",,IENT I)ISTRICT IlEI.I) AT OFFICES OF 'FILE DISTRICT, 3301 (;[~N ('I.[:B ROAD, WEST PAI.M BEA('I! FI.ORIDA TUESDAY, I)ECEMBER 9, 1997 2:00 I'.M. Thc fi,llu,,,,'~ng Board ,Meml~ers were ?re.cra ['rank Willlam,~m. Jr.. Chairman W~lI~am ( ;raham R~char,t Machek Samuel F. t',~,lc. II!, S¢crelar,, The follo'o,'lng Board Members pamclpatcd ..'ia Telec~m'.'r~unicat.m Mcd,a Nl~r~am Singer Mitchell Bcrger \'er:~ ¢',lner M~cha¢l Minion CAI.I. TO ORDER !. Discussion on District's FY99 Partnership (Grant.s} program.s. Relationships between Water Supply Plans, Water Resources Development, and Water Supply Funding. Mr. Poolc presented background information on these ~tems. He said staff is seeking Board policy direction on the FY99 partnership program. Mr. Dean Powell, Deputy Director. Planning Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. IIII 16G Mr. l'o,.,,'ell said the D,.,,mct's budget allows 1/40th of a md in FY97 and 1/40th .s m~l m FY'),": {totaling 1/21)th ,~1 ,l m~l ,~crall) fi,r development ,,t' waler rc~,mrcc and water ~upply development projects. I lc ,.mi staff recommend, that the District allocate 80 ~rcenl of the 1/20Ih mfi for water resource prqects, and 20 [~rccnt of the l/2Oth mil for xtalcr devclopmenl projects. Mr f'o'~ell ,,aid stal'f al,,o recommends that the Di,,tmcx n,,I fund local slormwater project,,, but prpvlde lechn]cal a.vi],,tance anti emergency a~;~,lStiEllce to local governnlents. M,. Sln~;er disagreed. She said irc l)~,,Iricl should c{m,.Idcr putting issitlc a pomon of the funding for I~cal projects. ,,ubjec! to certain cnler~a tha! the funds be used for ,,tornl~.ater projects that cr~,,,s ~,','er t,~ ',valet resource pr.lo. ~s Mr Dan Cary. [.),rector. ,,a~d thc [h,,lr~ct's flood contr~ ,I rz,,ponsibilities were never intended t,~ be comprehensive, lie said local government, have lo share the rcspon,ubfll~ty for ,,tormwatcr treatment and flood control. Chmrman Williamson ~,aid stc~rmwatcr funding is not ,,,toothing the District can continue to do. Ms. Caner agreed. .',,Ir. Machek .,,aid staffs recommendation to provide techmcal and emergency as,~st,ince ~s v~tal. }lc sald the Distric! only has the financial capability to take care of the pmmary flood con~rol .',,Ir tlammond sam he supp, ns ,,lall',, recommendatE,m tie asked that a process be developed In the budget to allow the l.h,~trict's Sen'ice Cenlcr~, to provide funding at the regional level for emergency project,. Mr. Frank Bernardino, Miami-Dade County Department of Environmental Resource Management, said his office is opposed to staffs recommendation, lle said local governments need financial support from the District on ,,omc projects. Ms. Nanciann Regalado. National Audubon Society. said her organization supports staffs recommendation. Mr. Fred Bloetscher, City of Hollywood. said his office concurs with staff's recommendation. Chairman Williamson said the consensus of the Board is to support staffs recommendation. Ms. Singer asked that the Board continue discussion of this issue at the Thursday, December I 1, 1997 regular meeting. Ms. Jane Bucca. Senior Economist. Planning Department. presented information on the Alternative Water Supply partnership program. A copy of the material used in her presentation is included in the official record of this meeting. {;o'.¢rnmt: Board Specmal Meet,ng December 9. 19~7 Page 3 1613 Mr. Samy Faried. I..cc Count.,,' Regional Water Supply Authority. asked that representatr,,'e,; from the regional water supply authorities be added to the Altcm;~tive Water Supply Committee. AI).IOUILNM E,~,T There being n<~ further husme.,,, t,~ come before the B(~rd. the special workshop was adjourned at 5:00 pm. 16G '1'" MINUTES OF A MEETIN(; OF TIlE GOVERNING BOARD OF THE SOUTII FI,ORII)A WATER MANAGEMENT DISTRICT IIEI,D AT OFFICI&S OF TIlE DISTRICT, 3301 (;UN CI,UB ROAD, WF^ST PAI, M BEACI[ FLORIDA WEI)NI'~SI)A Y, I)ECEMBER l 0, 1997 9:00 A.M. Thc following Board Members ,,,.'crc prc~cnt Frank Williamson, Jr., Chairman Eugene K. Pettis M m.',m Singer William Graham Vcra Carter William Hammond Richard Machck Samuel F.. Poole, III, Secretary CAI.I. TO ORDER Board questions for staff al)out any items on the Thursday Regular Regulatory Consent Agenda. Ms. Singer questioned item 16. She 'also noted that she will have to leave the Thursday, December I I, 1997 Governing Board meeting early. She asked that item 58 be moved to early in the morning discussion agenda. Mr. Minton asked that the names of parties involved in items on the Thursday agenda be listed on the agenda to allow Board Members to review for possible conflicts of interest. Mr. Machek questioned item 30. 2. Overview of Draft Upper East Coast Water Supply Plan Mr. Mark Eisner, Sr. Supervising Planner, Upper East Coast/Kissimmee Planning Division, Planning Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. 3. C&SF Project Restudy Update or Go~ernln~ Board Work,hop December I0. I:197 Mr. Tc, m Teet~. Senior Supervising Planner. [.ower l':a.,,t Coast Planning Div'smn Planning Department. pre,,ented ~nf~rm,lt.m on this item. A c.py of the material used in Ins prescntatmn i~, included ~n the official rect~rd of this meetinF Responding to comments by Mr. 'Feets about ltydrolomc Alternative Cycles, Chamnan W~ll,amson asked that staff present information on lh~.s issue to communities north of Lake Okeechobce. PUBLIC COMMENT Mr. Max Quackenbos, Man,n County Conserx, ation Alliance. said staff needs to address the need for better public involvement in the restudy plan. Mr. Minton said staff should seek additional resources needed to better educate the public on this issue. Mr. Phil Parsons, Florida Sugar Cane League. asked that a presentation be scheduled for the January 1998 Governing Board meeting on rc~,tudy issues raised by the Agricultura/Advisory. Committee. Mr. Poole said staff will present information on the restudy at the January 1998 workshop. 4. Lower East Coast Water Supply Plan Update Mr. John Mulliken, Senior Planner. l.ower Easl Coast Planning Divssmn. Planning Department, presented infl)rmatmn on this item. A c,py of the material used in his presentation is included in thc official record of this meeting. Briefing on Broward County's anticipated petition requesting delegation of a portion of the Environmental Resource Permit program Mr. John Fumero, Deputy General Counsel, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Ms. Rosa Durando, Audubon Society of the Everglades, expressed concern that the plan will not result in the required level of water quality for water discharged into the Water Catchment Areas. Review of proposed Talisman acquisition Chairman Williamson suggested that the Board discuss the proposed acquisition of the Talisman property. Mr. Bill Malone, Director, Construction and Land Management Department, presented information on this issue. He said the intent of the proposed acquisition is to save money and litigation efforts in acquiring lands for Stormwater Treatment. ,I · II I 166 Go,,.¢rnmg Board Workshop December 10. 1997 l'age 3 l.itigation Update Imoved from the Thursday. December !1. 1997 Governing Board Sleeting Agenda) Ms. Barbara Markham. General Counsel. presented the update. A copy of the material used m her presentation is inclt, ded ,n the official recc~rd of this meeting. .Ms. Markham reported that a class ,,etlon taxpayer law.,ult, Barley v. Slrn, VMD. has been brought against thc District. She sam ,,taft has contacted the Attorney General's Office to request that the Attorney General represent the District. She said no determination has yet been made. Ms. Markham said staff is searching for outside counsel to assist with the case. She sa~d the District will vigorously defend against the lawsuit. Mr. Minton asked that staff keep accurate and detailed records of thc District's expenses in defending this lawsuit in order to seek to recoup those funds. Mr. Berger asked that staff inform the plaintiffs in writing that the lawsuit ts frivolous am! that the D'strict will .seek to recoup its costs. Ms. Markham presented information on IT Corporation v. SFWMD. She said IT has indicated it will make a settlement offer on its challenge to the District's Minority/Women Business Enterprise rule BOARD COMMENT Chairman Williamson asked that staff report to the Board on the progress of threshold studies and the peer review of those studies by the Department of Environmental Regulation. Mr. Graham asked that staff include information on alternative technologies. ADJOURNMENT There being no further discussion to come before the Board. the workshop was adjourned at 1:00 p.m. 1 MINUTES OF A MEETIN(; OF TIlE GOVERNING BOARD OF TIlE SOU'I'I! FLORIDA WATER MANAGEMENT DISTRICT IIEI.I) AT OFFICES OF TIlE DISTRICT, 3301 GUN CI,UB ROAI), WI'ZST PAI,M BEACll FLORII)A TIIURSDAY, DECEMBER I 1, 1997 8:30 A.M. The following Board Members were present Frank Williamson, Jr., Chairman Eugene K. Pettis Miriam Singer William Hammond Richard Machek Vera Carter Michael Minton Samuel E. Poole, III, Secretary CALL TO ORDER Chairman Williamson called the meeting to order at 8:30 a.m., followed by the inspiration by Mr. Armando Ramirez. and the pledge of allegiance to the Flag of the United States of America. Holiday Performance - Aquatones Members of the District Chorale, the Aquatones, presented a performance of Christmas and holiday songs. Presentations Ms. Miriam Singer, Chairwoman of the Human Resources Committee recognized November's Employee of the Month, Mr. J. B. Jackson, Construction and Land Management Department. Chairman Williamson, Mr. Poole, and Mr. William Malone, Director, Construction and Land Management Department, presented the Disttrict's 25 Years Service Award to Mr. Tom Fratz, Director, Right of Way Division, Construction and Land Management Department. Governing Board Meel~ng December 11. 1997 Page 2 16G Mr. Bob Gray, Direclor, Accounting and Financial Services D~,,'islon, Mr. Frank Mumhy, Sen,(~r Accountant. M,, ['h,.ll~,, t.~aker. Staff ..',,drnlnv.,Ir,~t~,.c Re.,,ourccs As~,ocnltc. Mr. Barry Atwood. l)cnur.,. Department Director. Finance, and Mr Jlr]~ Y:~ger, l)~rcctor, Management Services Department, received the Government Finance Officers Assoc~;mon',~ A,,vard Certification of Achievement for Excellence in Financial Reporting. The award wa,, pre,,cntcd by Mr. Mervyn C. Tlmbcrlake..Ir., Finance Director. City of Boca Raton GFOA State Representanve. Florida Southern Region Approval of Minutes Motion by Ms. Singer to approve the .'.,linutes of the Governing Board Workshop of November 12, 1997 and the Governing Board Regular Meeting of November 13, 1997 a.s written. Motion approved. MORNING AGENDA APPROVAl. Additions, Deletions, Substitu~ior,q Mr. Phil Kochan. Senior Business Operations Analyst, Execut~,,'e Office, presented changes to the Morning Agenda. He noted that items 20 and 36 have been deleted, and Items 16, 17, and 27 have been moved from the Morning Consent Agenda to the Morning Discussion Agenda. Chairman Williamson asked that thc Bt)ard c~nsider items 55.57. and 58 early in thc mccting to accommodate Board Members ,;chcdulc~,. Abstentions Mr. Minton abstained on items 38 and 39. GOVERNING BOARD MEETING SCHEDUI.,E I. Consider Schedule for Upcoming Meetings. Mr. Poole presented the schedule. A copy ()f the schedule is included in the official record of this meeting. 2. Consider Tentative Agenda for January Workshop. Mr. Poole presented the tentative agenda for the January 1998 Workshop. A copy of the tentative agenda is included in the official record of this meeting. 3. Accept the Audit Committee report, including recommended actions. Mr. Pettis. Chairman. Audit Committee. presented the Audit Committee report. A copy of tl~.e report is included in the official record of this meeting. Mr. P, tti, ~md the Audit Committee met on December I0. 1997 and: Governing Board Meehng December 11. 1997 Page 3 16G Was pre,,ented ~nformation on thc audit of Cost Shanng and Cooperative agreement.,, u.'~th |,~c;,! Governments .md Other Entrees. The audit focused on dctcrminin~ whether thc controls over monitoring cost sharing and cooperative agreements wcrc adequate to ensure that District funds were used for the intended purpose. The audit determined that. with few exceptions. District management substantiated that the cost-,hating partners used the District funding for its intended purpose. However. project monitonng and administrative controls could be improved. Management has agreed to "nplerncnt all rccommcndat,ons made as a rcsull of ~h,s audn. Was presented a report on the monthly activity of thc Inspector General's Office. Mr. Allen Vann. Inspector General. reported that the Inspector General',; ,,taft has spent part of the month responding to a quc~,tmnnaire that ,.,,'ill be used by the Natiom, l Association of Local Government Auditors to perfom~ their peer review of the Inspector General',, Office. The review is scheduled to be conducted in January 1998. Mr. Vann also provided a li,,t of FY98 audits and a schedule for prioritizing staff's work plan for conducting those audits. Mr. Pettis said thc Committee also: Requested that a future Board Retreat be scheduled to discuss the Benchmarking Study of Support Sec'ices. Approved thc minutes of thc Novcrnbc~ 12. 1997 Audit Committee meeting Board Members approved thc Audit Committee Report by unanimous consent. MORNING CONSENT A(;ENI)A Puli items for discussion. No items were pulled. Motion to approve the Consent Agenda. Motion by Mr. Minton to approve the Consent Agenda The following items were approved as part of the Morning Consent Agenda. BUDGET OFFICE 4. Approve Budget Transfers. Approve Certificates of Correction to the Non-Ad Valorem Agricultural Privilege Tax Roll and authorize the Executive Director. or his designee, to sign ff, e Certificate. MARTIN/ST. LUCIE SERVICE CENTER Govermng Board Meebn,'j December 11, 1997 Page 4 OKEECIIOBEE SERVICE CENTER Authorize entering znto a revenue ccmtr.tct wtth Ronnie W,fldr, m for cattle grazing on 653 ,icrc,,. known as the Raulersorffl. tamm parcel, h,r a perit~t of five ,,'ears from the execution of th:s contract. in the amount of 5;37,500 as revenue t,, thc District. The ,mm ,fl' $7.500 is budgeted for receipt in annual m,,tallment.s f-r FY 1098, FY l'~,~u. FY 2eX.X). FY £1~)1. ,,nd FY 2002 (Contract No. Approve a sublease between thc ltighhmd~, County Board ~,f(',)unty Commissioners and Elder M. Sumner and D>ui.,, E. 12rmn. Jr. fi~r thc tmrp{,,e of gr~ing ~.cf cattle on Surplus Tract No. KR 103- 130 m accordance with thc tenn.,, anti ,.',mditmns of the Lca~,c V,':th Option to Purcha.sc Between South Florida Water Management I.)~,,t net ~md t lighland.,, ( ;, ,unty {Contract No. C-8970). BIG CYPRESS BASIN Authorize entering into a contract with Pickett & Associates. Inc. for digitized topographical data by aerial photogrammetric survey for the Big Cypress Ba.,,tn Watershed Plan in the amount of $199.990, for which funds ~u'e budgeted. (Contract Number C-8700) I0. Authorize amending a Ccmpcrative ..x.,,rccmcnt with U.S. F~,,h and Wildlife Service for cxtcn~,~,m of Grant Agreement (Luck)' I.ake Strand Structure) at no c,,,,t t,, the Distract. (Contract Number C-4167-AII OFFICE OF COUNSEl. 11. Authorize amending a contract with -~ken, Seamans. Cherm & Mellon for legal services ;md representation in support of the District'.,; Minority and Women Business Enterprise Contracting Rule and the overall implementation of the District's Supplier Diversity and Outreach Program ,n the amount of $50.000. authorize a budget transfer in the amount of $50.000. and designate thc amendment to be effective October I, 1997. (Contract Number C-8220-A1) OFFICE OF GOVERNMENT AND PUBLIC AFFAIRS 12. Authorize entering into a contract with MRD Consulting, Inc. for a Hispanic Water Resources Awareness Outreach Program, in the amount of $80,000. for which funds are budgeted. (Contract Number C-9103) 13. Authorize entering into a contract with the Florida State University for Elementary Education Water Books. in the amount of $87.818. for which funds are budgeted. (Contract Number C- 9106) 1 Govermng Board Meeting December 11, 1997 Page 5 MANA(;EMENT SERVI('ES I)EPARTMI.:NT/:s.I)MINISTRATION 14. Authorize amending a contract u,.Ith Kenneth D. Rosen to extend thc term of thc lease for Miami Service Center f.r up Il, ,.ix ~t~i re, ruths. ~n ;,n ;H'T~H~HI i'l.~,f to exceed $19,776.90. (Contract Number C-5109-A7) 15. Authorize amending a revenue contract with KindcrCarc ~,t W,~rk, a divismn of KindcrCare Learning Centers. Inc., for the .sub-lea.st: of thc facility known as the Day Care Building located on Gun Club Road. on D~stricl properly, f,,r thc period January 1. 1998 to September 30. 1998. in Ihe amount of $40.792.50. (Contract Number C-5347-A4) Moved to Discussion Agenda after Item t/56 17. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 18. Approve staff recommendations for releases of District canal, mineral and road rcserx, ations, releases of T.I.I.T.F. canal reservations, and issuances of non-use commitments. 19. Approve acceptance of land interests consisQng of Temporary Construction Easements on 9.00 acres, more or less. in Section 24. Township 48 South. Range 25 East, Collier County, Cocohatchee Canal Phase 3 Improvements Project. Moved to Discussion Agenda alter Item #54 ,m Ap- ',,'~ dopt a 21. Approve Amendment to Option Agreement for Sale and Purchase of Tract No. 703-060, C- i i I North project, Dade County, to replace the legal description and reduce the purchase price. Govermng Board Meebr~g December 11, 1997 Page 6 Approve an amendment m the ,,\cqm,~Hmn Agreement with thc l"mard of Trustees of thc Internal [mprmerncnt 'I ru,t Fund for Ibc jmnt purcha,,cs of hinds ',,.'~th~r~ the Pill Mar, Save ()ur River,,, Project. using DL,,~rict land acqmsmon procedures. (Contract Number ~ C-6347.A 1) 23. Approve an amendment to thc Acqu~snic, n Agreemcnl with the Board of Trustees of thc Internal Improvement Trust Fund for the jmnt purcha,;es of lands within thc Corkscrew Regional Eco~v.,,tem kVater,,hed ~CRFY, V I CARl.. N.,,.e (')ur Rivers t'r~'~j,,.',:I, u,;ing District land acquisHmn procedures. IContract Number T-4~,D C-6346-A 1) 24. Approve thc transfer of a ponmn (,,f S,mlh New R~ver Canal ((' I I) Right-of-Way between Flamingo Road and Interstate 75. to Br()u,'ard County. 25. Approve the .,am~.ch~smg ~)fa 13.3 .,crc pzu'ccl with I leith I'urke a/k/a ttcicn P. Turkc. 26. Approve amending delegatmn of approval and Execution authonlv to the Executive Director or his designee approved at thc August Governing B,~ard meeting. Moved to Db;cussion Agenda after Item #54 Triple R~ch t~, r. 28. Authorize ;u'ncnding a cooperative agrccnlent with the Florida Game and Freshwater Fish Commission for land management services on the DuPuis Reserve lo renew the contract for one year, in the amount of $70,532.00 for which funds are budgeted. (Ccmtract Number C91-21 ! I-A4) 29. Authorize amending a cooperative agreement with the Florida Game and Freshwater Fish Commission for management activities within the Southern Glades Wildlife Environmental Area to extend the contract for one ( 1 ) year in the amount not to exceed $74.712.00 for which funds arc budgeted. (Contract Number C91-2433-..',.6) 29A. Authorize enterinl~ into a contract with Ci,HI Works~ Inc. for a general engineering services continuing contract in the amount of $100,000 for which funds are budgeted. (Contract Number C-9001) 30. Authorize amending a contract with Fluid Control Specialties, Inc. for supplying gate operalors for S- 127 & S- i 31 Locks in the amount of $201,480. of which S I 17,770 will be reimbursed to the District for payments made under contract, plus associated costs incurred by the District, and extend the contract by 650 days retroactive retroactive to April 15. 1996. (Contract Number C- 5048, C.O. ~) 1 1.6G Govermng Board Meehng December 11. 1997 Page 7 ECOSYSTEM RF,,qTORATION I)EPA RTMI.;NT 32. Authorize amending a contract with PEER Consultants P.C./Brown & Caldwell, a joint venture, for professional services under Phase 2 of the supplemental technology standard of comparison development in thc lump-sum amount of 5;99,905, for which funds are budgeted (Contract Number C- E008-A9B ~ 33. Authorize amending a contract v, qth I'E[:.R Consultants, P.C/Brown and Caldwell, a joint venture, for construcuon management sca'ices a.ssc~'iatcd with constnlctmn of thc south bank ENR Test Cell Modifications in ;in amount not to exceed S273.980 for which t'unds are budgeted. (Contract Number C-EOOS-A 11 ) REGULATION DEPA RI'blENT 34. Authorize rule development to amend Chapter 40E-63 CEverglades Regulatory Program) to add STA-6 inflow pump statmn as a new dL,,charge point from the EAA and update the associated phosphorus load calculations. /Docket Number 98-5) 35. Authorize initiation of rulemaking and approve the publication draft of amendments to v"'.-"'-"-",-"'""'~";""';"~ '-',^c .~,;~,,..,,,... cf .,,~,,. .......... .4 ..... ~..,,~~.,~v ............... Rule 40E-4.091 (Publications, Rules and Interagency Agreements Incorporated by Reference) to incorporate the revised Operating Agreement Concerning Regulation Under Part IV, Chapter 373.FS. {Docket Number 97-8~ WATER RESOURCES EVAI,UATION I)EPARTMENT 35A. Authorize entering into an amendment to a contract with Florida Geological Survey for core drilling to extend the contract for a period of one year at no additional cost to the District. {Contract Number C-7666-A l ) End of Morning Consent Ag6nda Board Members agreed to consider item 55 at this time, BROWARD COUNTY SERVICE CENTER 55. Approve an intergovernmental partnership to dredge a portion of the Hiilsboro Canal Ms. Patricia Walker, Government and Public Affairs, presented information on the Hiilsboro River Project. A copy of the material used in her presentation is included in the official record of this meeting. Mr. Jim Karas, Broward County Service Center, presented information on the proposed funding partnership with the Florida Inland Navigation District. and the Cities of Boca Raton and Deerfield Beach. Mr. Karas said staff recommends approval, under the condition that the City of Deerfield Beach act favorably on the three-way partnership proposal at its December 16, 1997 meeting. Govermng Board Meehng December 11. 1997 Page 8 Motion by Sir. Machek, under the c.nditi.n th:tt the City .f i)ecrficld Beach act favoral)lv on the three.way partnership proposal at ils December 16. 199'~ meeting, to approve: SSa. Authorize entering into a 3-way cooperative funding agreemenl with the Cilies of Boca Raton and Deerfield Beach to provide up to $$00,000 and to specify cond[lions for deepening a portion of the llillsboro Canal. t('ontract Number C-0.'400k Motion approved. and to approve: 55b. Authorize entering into a contract ss'ilh Subaqueous Services, Inc., for dredging lhe Hillsboro Canal in the amount of $323.069. Also, authorize a budget transfer in the am,unt of $120,000 from the Broward Service Center to the Construction and Land Management Department, and authorize a budget transfer in the amount ,f $203,069 from Okeechobee contingency reserves to the Construction and Land Management Department. The funds from the contingency reserves will be reimbursed via an upcom:'-,- ~',,d',et "",',or~dment in late FY98. (Contract Number C-9002). Motion approved. Board Members agreed to consider item 57 at this ttme. PLANNING DEPARTMENT 57. Request Governing Iloard authorizati.n to approve lhe 51inimum F'I.~, and I.evel.~ pri.rit~ list and schedule · Mr. Dean Powell, Deputy Department I)lrec.~r. Planning I)ep,irtmenL pre~,ented mformati,,n-n this item. A copy of the material used in his pre,,entation is included ~n the official record of this n:eetmg Motion by Mr. Minton to authorize approval of the Minimum Flows and Levels priority list and schedule as presented by staff. Motion approved. 58. Request Governing Board approval of fiscal year 98-99 Alternative Water Supply Grants Program guidelines and procedures. Mr. Powell presented information on this item. A copy of the material used in his presentat,on l,~ included in the official record ~3f this meeting. Board Members expressed concern about this item. Mr. Minton said he is concerned about the make-up of the cornnaittee that rates alternative water supply proiects, and the fairness of the Minority and Women Business Enterprise participation. ' Mr. Poole said staff will address those concerns and bring this item back to the Board later in the meeting. Board Members agreed. Govermng Board Meebng December 11. 1997 Page 9 RE(;UI,ATION DEPARTMENT 59. Authorize initiation of rulemaking and approve the publication draft of amendments lo Rule 40E.!.607, F.A.C., Permit Applic:llion Processing Fees. fl)ocket Number 98-01) Ms. Singer .asked that discussion of this item be deferred until the District's advisory committees can review th:s I,,sue..',,Ir .Minton asked that ,,taft notify the adv~s()rv cmnmittees about this item. PUBLIC COMMENT PUBLIC HEARING at 9:30 A.M, Chairman Willia:nson opened the public hcanng. CONSTRUCTION AND LAND .",IANA GE.',,IENT DEPARTMENT This item w.as deleted. 37. Approve the purchase of land interests containing 2,577.20 acres, more or leis, in Martin County, Atlantic Ridge Ecosystem Project Mr. William F. Malone, Director. Construction & Land Management, presncted infomration on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Malone said staff recommends approval. Approve the purchase of land interests containing 2,577.20 acres, more or less, in Martin County, Atlantic Ridge Ecosystem Project, and authorize a resolution to the Board of Trustees of the Internal Improvement Trust .Fund requesting reimbursement for one-half of this acquisition and associated costs and authorize a resolution to the Department of Environmental Protection requesting reimbursement for one-half of this acquisition and associated costs. Motion approved. Board Members agreed to consider itemz 38 and 39 together. 38. Approve Memorandum of Understanding with Florida Power & Light for STA-1W Governing Board Meehng December 11, 1997 Page 10 16G 39. Appro~ e Memor:lndum of I'nder.~tanding ~dth Florida Pm~'er & l.ight for STA.2 Mr. M~onc pr~cntcd mfom~a~mn on ~tu~ ~en]. A copy of thc ma~cn~ used in his presentation included in ~hc official rccmd of ~h]~ mcct~ng Motion by ~t~. ~er to: Approve Memorandum of Understanding wilh Fh)rida Power & l.ight for STA.iW in the Everglade.,; Construction Project. and to: Approve Memorandum of Understanding with Florida Power & l,ight for STA-2 in the Everglades Construction Project. Motion approved. Abstain. Mr. Min~,,n 40. Approve the purchase of land interests, including structures and improvements, containing 11.50 acres, more or leas, in Dade Count>., 8.5 Square Mile Project Mr. Ma. lone presented ~nformation on tins ~em. A cop), of the m~tenal used in his presentation is included in the official record of this meeting. Motion by Ms. Carter to approve the purchase of land interests, inchuting structures and improvements, containing 11.50 acres, more or les,s, in Dade Count>', 8.5 Square Mile Project, approve declaring surplus, disposal of. and removal from the asset records, and such structures and improvements deemed unneces,qarv for the staltxt purpose of the original land acquisition, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. 41. Approve the purchase of land interests containing 28.7 acres, more or less, in Polk County, Upper Lakes Basin Watershed Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for these acquisitions and associated costs. Mr. Charles R. Rinaldi. Deputy Director. Construction & Land Management. presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Hammond to approve the purchase of land interests containing 28.7 acres, more or less, in Polk County, Upper Lakes Basin Watershed Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for these acquisitions and associated costs. Motion approved. 42. Approve the purchase of land interests containing 38.29 acres, more or less, in St. Lucie County, North Fork St. Lucie River Project Governfng Board Meehng December 11, 1997 Page 11 .Mr. Rina. ldl. prc,~cntcd mfonnatmn on tin,, item. A cop.,,' of thc material used in his prcscnhm, m ~,, included ~n thc official rc,.'~rd ,ff lin,, meeting. Motion by Mr. Minton to approve the purchase of land interests containing 38.29 acres, more or les.s, in SL Lu¢ie Count.,,', North Fork St. l.ucie River Project in partnership with SL l.u¢ie County, and authorize a resolution to the Department of Environmental Protection requmting reimbursement for this acquLsition and associated cosLs. Motion approved. 43. Approve the purchase of land intere.q.,, c-ntaining 45.74 acre.,~, more or les.s, in Dade County, East Coast Buffer Project ' Mr. R~naldi. pr¢~cnted mf-t~rmaI~m ,,n th~s ~tcm. A copy of the material used in his presentation is included in the official re,:~rd .f th~ meeting Motion by Ms. Carter to approve the purcha.,,e of land interests containing 45.74 acres, more or lc.v;, in Dade County, East Coast Buffer Project, and authorize resolutions to the Department of Environmental Protection requesting reimlmrsement for thLq acquMtion and axsociated cosL,~. Motion approved. 4. Approve the purchase of land interesLs containing 115.25 acres, more or les.q, in Dade County, L-31N Transition Lands Project Mr. Rinaldi. presented informat,'m ~m H~l,, item. h copy of the material used in his presentation included in thc official record of this meeting. Motion by Mr. Minton to approve the purchase of land interests containing 115.25 acres, more or lt.,ns, in Dade County, L-31N Transition Lands Project. and authorize resolutions to the Department of Environmental Protection requesting reimbursement for this acquLqition and associated costs. Motion approved. 45. Approve the purchase of land interests containing 153.94 acres, more or less, in Dade County, Model Lands Basin Project and CilI 1 North Project Mr. Rinaldi, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Singer to approve the purchase of land interests containing 153.94 acres, more or les.s, in Dade County, Model Lands Basin Project and C-I II North Project, and authorize a resolution to the Department of Environmental Pro!~tion requesting reimbursement for these acquisitions and associated costs. Motion approved. 46. Approve the purchase of land interests containing 120.00 acres, more or less, in Lee County, CREW Project Mr. Rinaldi, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. 1 Govermng Boarcl Meetm.q December 11. Igg7 Page 12 16G. 1 Motion by .Ms. Singer to approve the purcha.se of land interest.,~ containing 120.00 acres, more or les.,~. in Lee County, CREW Project, and authori/e resolutions to tht' llo.'lrd of Trustees of the Internal Improvement Trttqt Fund reque.qting reimbursement for this acquLsition and a.ssociated cosL,;. Motion appro,, ed. 48. Approve Acquisition Agreement ,~ith the Board of 'l'rustee.,~ of the Internal Improvement Trust Fund and St. l,ucie County Mr. RmaldL prc,,cnted ufformation. ,u Ih~, ~tem. A copy ,,t the material used In Ills presentation included in the official rccord of this meeunu Motion by Air. Minton to approve Acquisition Agreement with the Board of Trustees of the Internal Improvement Trust Fund and St. l.ucie County for thejoint purchases of lands within the North Fork St. Lucie River CARL, Save ()ur Rivers Project, using District land acquisition procedures. (Contract Number C-9321 ~. Motion approved. 49. Approve Acqui.sition Agreement with tile Board of Tru.stce.,4 of the Internal Improvement Tru.,4t Fund for the joint purchase of lands within the Okaloac~s~chce Slough CARl,, Save Our Rivers Project Mr. Rinaldi, presented information (m thr, item. A cop)' ()t' tile material used in his presentation included in the official record of this meeting. Motion by Mr. Minton to approve Acquisition Agreement with the Board of Trustees of the Internal Improvement Trust Fund for the joint purchase of lands v, ithin the Okaloacoochee Slough CARL, Save Our Rivers Project, using District land acquLsition procedures. (Contract Number C-9324). Motion approved. $0. Consider acquisition of SOR lanc[q. Mr. Malone said staff has nothing to report under this item. End of Public Hearing Chairman Williamson closed the public hearing. PUBLIC COMMENT Ms. Rosa Durando, Audubon Society of the Everglades, expressed concern that Palm Beach County may allow water to stand longer on residents' property. She said this may cause drainage problems for the District in the future. IIIII II IIIIIIIIIIII III I III Governing Board Meeting December 1 I. 1997 Page 13 16G M.,.. Teme Bates. Director. Rcguldtlnn i)eparlmcnt, smd tile G}unt,,"s del,on ~rl thi~. is~,ue ,.t Ill ncq circumvent the D,,,trlct',. ,lllfllIllUIB cr,terla Mr. Ed Barber. representing the l!vergiade,, Protection Di,,tr,ct. expressed concern about a proposed u,'orkshop of staff members and environmental groups to rev,e,.v Best Management Pratt,cos program. He sald agricultural industn, representatives should be allm. t, ed to attend the meeting..Xlr. Barber ako asked that the peer review of the [IM[" program be handled in-house by District staff. Mr. Poole said thc purpose of thc BMP workshop is to determine the facts about thc succcx,, of thc BMP program, outside the political arc,1;.l. [lc said a public workshop x,,'ould not accomplish that purpo,.e. Mr. Nick Aumcn. Research Program Ihrcct,r. Ecosystem Rcstoratmn Department. smd thc peer review contract will ~dentlf.v and summarize ail BMP work done. e,,tabl,sh a ci'~ronoh)gy fl~r thc pn,zram. and all staff to evaluate the success. Chairman Will,amson sugge,,tcd that the l:l~ard cons,der item~, 50.53, and 16 ad 17 at th,~, t,me. Board Members agreed MANAGEMENT SERVICES DEPARTMENT 56. Governing Board discussion of Executive Director's performance review and recommendation for salary adjustment. 1', Ms. Sandra Turnquest. Deputy D~rcct,,r. Management Services l)epartment./lluman Resources /Administration. presented information on this ~tem. She said the performance evaluation resulted in a score of 3.95. which justifies a 3.93 percent salary increase for the Executive Director. Mr. Poole requested that thc Board approve a 3.5 percent salary increase, which is the average increase for District employees. Board Members thanked Mr. Poole for his leadership. Motion by Ms. Singer to approve amending the Executive Director's contract to include a 3.5 percent salary increase. Motion approved. Items//16 and//17 were moved from the Morning Consent Agenda .16. Authorize renewing a contract with CIGNA Employee Benefit Companies for accidental death & dismembecment~ dental and vision insurance's & flexible spending accounl administration for employees of the District' 17. Authorize renewint~ a contract with Florida Combined Life (through Blue Cross/Blue Shlehl of Florida) for coverage of lone-term disabilith basiq optional~ spouse and dependent I~[- insurance's for the employees of the District Mr. Justin Ausanio. Benefits Manager. Risk Management Division, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Govermng Board Meehng December 11. 1937 Page 14 M', .~tngcr ;i,~kcd iha! ~hd't' pr,~v~d¢ Infl)rmali~n on how cll)pJo.~c¢,, arc receiving servlcc~ pr~)vMcd by these firm, Motion by Ms. Sinl~er to: Authorize renewing a contract with CI(;NA l')nph}yee Benefit Companies for accidental death & dismemberment, dental and vision insurance',~ & flexible spending account administration for employees of the District for the period of January I, 1998 through December 31, 1998, in the estimated amount of $8,790,955 of which $7,037,241 is the estimated District share with the balance of $1,753,714 paid by employee prt. mium.s. ()f tile estimated Di.qrict share, $5,277,931 is budgeted in FY98, with $1,759,310 suhject to Governing Board approval of Iht FY99 budget. (Contract Number C-5104.A4) and to: Authorize renewing a contract with Florida Combined Life (through Blue Cross/Blue Shield of Florida) for coverage of long-term disability, ba.,iic, optional, spou.sc and dependent life insurance's for the employees of the District for the peri(~l of,lanuary !, 1998 through December 31, 1998 in the estimated amount of $830,867, of which $386,072 is the estimated District share with the balance of $444,795 paid by employee premiums. Of the estimated District share, $289,554 is budgeted in FY98, with $96,518 subject to Governing Board approval of the FY99 budget. (Contract Number C-5157-A4) Motion approved. Abstain - Mr. Minton on item 16. 53. Authorize amending a four-year cooperative agreement with the Florida Center for Environmental Studies (CES) for a partnership in collahorative research Mr. Nick Aumen. Research Program Director, Everglades Restoration Department. prcsentcd information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Carter to authorize amending a four-year cooperative agreement with the Florida Center for Environmental Studies (CES) for a partnership in collaborative research and cost sharing to include the new FY98 projec~ in the amount of $2,487,924 for which funds are budgeted; and authorize a budget transfer in the amount of $240,000 from the Planning Department, Lower West Coast Division, Professional Fees-Consulting Services to the Ecosystem Restoration Department, Staff, Interagencies-Public Universities. (Contract Number C-71MI-A2). Motion approved. Dr. Len Barry, CES. noted that his organization is able to draw the whole of thc university network into this effort. Board Members agreed to consider item 52 at this time. ECOSYSTEM RESTORATION DEPARTMENT 52. Everglade~ Construction Project Update Governing Board Meeting December 11. 1997 Page 15 Mr. Jo,;cph A. Schwe~garl. l.hr¢ctor, t-;vergh~des Con~tructmn Prelect. pre,,enled infonm,tt(m ,m this itelB h copy ¢)l' l~1¢ Ill.IlL'II.I] tl,.¢,J II1 Jll'~ I~IC',CIII.III()i! I', IlieJudcd III Jh~ oft'ic~;,J record of Ihl', :liCCllI1~' REPORT FROM TIlE AI)VISORY C()MMI'I'I'EES This item was deleted. 51. OMBUDSMAN'S REPORT :dr. Rzchard E. Wtll~ams. [)sstnct ()mbud,rnan. presented :tic report A copy cfi thc material used in his presentation is ~ncludcd in the .fficmi ret.rd ,f this meeting. MORNING DISCUSSION AGENI)A 54. Authorize amending a contract with llarry Pepper & Associates, Inc., for construction of the Everglades Nutrient Removal Project Wetland Research Test Cell Modifications Dr. Jennifer Jorgc. Deputy Director. Everglades Construction Project. presented information on th~s item. A copy of the material used in her presentat,m ~,; included in the official record of this meeting. Motion by Mr. Pettis to authorize amending :~ c,ntract with llarry Pepper & A.ssociates, Inc., for construction of the Everglades Nutrient Removal Project Wetland Research Test Cell Modification.,q South Bank, in the amount of $1,837,950 for xs'hich fund~ are budl~eted. (Contract Number C-E8602- R-A I). Motion approved. CONSTRUCTION AND I,AND MANAGEMENT DEPARTMENT Items 1t20 and ff27 were moved from the Morning Consent Agenda 20. Approve and adopt a resolution authorizing eminent domain proceedings in Circuit Court for the acquisition of Tract Number BCB 100-153, containing 0.6 acres, more or less, as described in Exhibit "A", located in Collier County, Big Cypress Basin. Cocohatchee Canal Phase 3 Improvements Project. This item was deleted. 27. Approve a Memorandum of Agreement with Site One Partners and Triple Ranch, Inc. in full and f'mal settlement of any and all administrative and judicial actions in connection with the District's RFP Number C-8326 and authorize entering into a revenue generating management agreement with Triple Ranch, Inc. Mr. William F. Malone, Director, Construction and Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official rc,:ord of this meeting. 1 Govermng Board Meehng December 11. 1997 Page 16 16G 1 Motion by Mr. ltammond to appro~'e a Memorandum of Agreement with Site ()ne Partners and Triple Ranch, Inc. in full and final ,wlllement ,ff any and all admini.,,trative and .judicial aclion.~ in connection with the District's RFI' Numher C-8326 and authorize entering into a revenue generating management agreement with Triple Ranch, Inc. for management activities on the Site One parcel located in Palm Beach County, Florida, in the amount of $195,000 over a five year period. Motion approved. Board Members returned to con.,itdcratttm 58. Request Governing Board approval of fiscal year 98.99 Alternative Water Supply Grants Program guidelines and procedures. Mr. Powcli said the M~nor~ty and Women Business Entcrpr~,c [,,trt~cipatton has been removed from thc ranking crnena, but w~ll he c()n.~idcrcd .~ thre~,hold criteria Motion by .Ms. Carter to approve fiscal year 98-99 Alternative Water Supply (;rants Program guidelines and procedures. Motion approved. REPORT FROM THE EXECUTIVE DIRECTOR 60. Water Management Highlights Mr. l'oole presented the highlights. A o,py of the material n,cd ~n his pre.,,entation is included m the official record of th~s meeting 61. Governing Board Folh)w.up Items Mr. Poolc said information on this item was included in the back-up material for this meeting. 62. Update on Litigation Ms. Barbara Markham, General Coun.~cl. said information on thi~ item was presented at the December !0, 1997 workshop. AFTERNOON AGENDA APPROVAl.: 2:00 P.M. Additions, Deletions, Substitutions Mr. Williamson, noted the following changes handed out as additional backup to Item 64 of the Afternoon Consent Agenda: Govermng Board Meehng December 11, ',997 Page 17 i'I.;RNIIT APPI.ICATI()NS Surface Water Management Falling Waters Phase VI Ip~,gc ~. paragraph 4): Total acres wetlands is 4.77. wetland,, preserved ~s .24 and upland compensalzon is .56. approval subject to no objcct:~ms by Dcccmtx'r 26 Bclmerc Subdivision Ph;tsc ! Ipagc I~. paragraph 21: l'~stp, mcd to January 15 Board Cypress Park - Ba.sm LOC 2 ¢page 16. paragraph 3): l'~,tponed to January 15 Board Indian Point Pha.,;cs 5 and 6 {page 1'). paragraph 3): F',,.tponed to Janus,' 15 Board OSC Coq~ Cntr-Wetland Impacts ,.k Parcels 3. 19. 21 ~page 20. paragraph 4): Posqmmcd t. January 15 Board Third and Fourth Run,.vay¢, Mitigation Modification epage 20. paragraph 6}: Approval subject to no objections by December 22 Savanna Club Phasc 4 (page 24. paragraph 2): Postponed to January. !.5 Board Water Use Sweetwater Ranch {page I l, paragraph 5): Postponed to J,tllua/-y 15 Bo,trd Environmental Resource Adios Golf Club (page 1, paragraph 1): Approval subject to no objections by December 26 Center Port {page 1. paragraph 2): Includes conservation easement to the District. approval subi:,ct to no objections by December 19 South County Neighborhood Improvement Projec~ tpage 2, paragraph 4): Postponed to January 15 Board Corkscrew Grove (page 3, paragraph 3): Postponed to January 15 Board Pelican Strand (page 4, paragraph 5): Approval subject to no objections by December 26 Amaralto Concrete (page 5, paragraph I): Postponed to January 15 Board Biarritz Subdivision (page 5, paragraph 2): Approval subject to no objections by December 22 Summit Doral (page 7, paragraph 8): Approval subject to no objections by December 19 16G. 1' Governing Board Meehng Decem0er 11. 1997 Page 18 16G I Gr:~ham Sug:ir Cane Farm Ipage ~. paragraph l i: Approval subjcc! to no object,m, hv December 26 l..."tkes~de Forest Corporale Park l',a?e 17. paragraph 5 ~' f'f~,;lponcd lo January 15 Board M~ddlebrook tpage 17. p:~ra?raph t)~ P,)stponed !o Janu,rv 1.5 Board Champ~onsga~c tpagc 1% paragraph 1 ~: Postponed lo Jalltiary 1:5 Board [)~sncy Wddemess Prc,.crve :'.,ccc,.,, Road tpage 19. p.~ragraph 2): Postponed to January' 15 Board SR 530 (US 192~ Bonnet (.'reck to .'eR 535 fpage 20. p~u'agraph 5): Postponed to January 15 Board Bemstem Commercial Tract /page 21. paragraph 1}: Approval subject to no objections by December 1 ~ Mystic Cove {page 21. paragraph 3): Postponed to Janua~' 15 Board The Links at Ab~coa (page 22. paragraph 5): Postponed t~ January 15 Board l.~mdon ¢'rccL/McKinncv Tracts, Mgmt and Restorat,m (page 23. paragraph 2): Approval subject to n~ obJect.m,, by December 22 SR 70 Safety ProJect (page 24. paragraph 3): Postponed to January 15 Board Wetland Resource Belmere Subdivision (page ! 6. paragraph I ): Postponed t. January 15 Board ,Mitigation Banks Honda Wetlandsbank Phases 24. 25. 26 (page 1. paragraph 3): Approval subject to no objections by December 24 American Equities Mitigation Land Bank/Reedy Creek (page 23. paragraph I): Postponed to January 15 Board Consent Agreements Palm Beach Polo Holdings. Inc. (page 27. paragraph 1): Postponed to January 15 Board Acme Improvement District and the Village of Wellington (page 27. paragraph 2): The Village of Wellington is not a party to the Consent Agreement Govermng Board Meeting December 1 I, 1997 Page 19 Abstentions Mr. Minton absta:ned on ~tem 63, new Rzght of Way Occupancy Permit for Florida Power and Light (page !, paragraph 31. and on ~tem 64. ne',,.' l.ake Okeechobee SWIM Works of the District permit application for Dan'oh Ranch {page 9. paragraph IL new Surface Water Management permit modification application for Cypress Park - Basin l.x)c 2 {page 16. paragraph 3). ne'.,.' Wetland Resource Short Form permit applzcation for Belmere Subdivision (page Ih. paragraph I). nc,.,.' Surface Water Management permit appl,cation for Belmere Subd,vision Phase I {page 16. paragraph 2, new Environmental Resource permit application for Narcoo,,see Road Expan,c,,n ~page 18. p;u'agraph 7}. and new Water Use permit application for State Road 5 I page 25. paragr~,ph .1~ Pull Items for Discussion Chairman Williamson pulled, at the rcquc-.t ,)f the public, item ~. a Consent Agreement between SFWMD and Palm Beach Polo Holdings, Inc., page 27. paragraph 1 ~. a Consent Agreement between SFWMD and Acme Improvement District Cpat~e 27. paragraph 2). a new Environmental Resource permit application for YB Ranch (page 14, paragraph 6). a new Water Use permit application for YB Ranch (page 15, paragraph 7), and a Consent Agreement between SFWMD and Philip Y. Berger and Gerald Lefebvre {page 27, paragraph 5). Motion to Approve Afternoon Consent Agenda, except for items pulled for discussion. Motion approved. The folhm'mg items were approved as part of tlw Afternoon Consent Agenda. except for item 64. a Consent Agreement between SFWMD and Palm Beach Polo Holdings, Inc. (page 27. paragraph 1). a Consent Agreement between SFWMD and Acme Improvement District (page 27. paragraph 2). a newEnvironmental Resource permit application for YB Ranch (page 14. paragraph 6). a new Water Use permit application for YB Ranch (page 15. paragraph 7). and a Consent Agreement between SFWMD and Philip K Berger and Gerald Lefebvre, (page 2 7. paragraph 5). AFTERNOON CONSENT AGENDA: REGULATORY MATTERS 63. Consideration of Consent Agenda for Governing Board approval which includes Construction and Land Management items: Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Permit Applications for Approval Under Limited Amnesty Program Governing Boarcl Meehng OecemOer 11. 1997 Page 20 16G ('on~deralmn of Consent Agenda f,,r (hwermng Board appr()v;d which include~ regulatory Water Use Pe~il Applicatmns Surface Water Management Permq Applications 1includes Conse~'ation Easements} Environmental Resource Pcrm~l Applications (includes Conservation Easements} Lake Okeechobee SWIM W,)rk~ ~,l the Dislrlcl l'erm~t Applications Surface W;~ter M;mi~gcn~cr,, I'c'~m~t I~xlensions Consent Agreements Emergency Authonzatmns Memor;mdums of l]ndcrst;m,l~ng '1 End of Afternoon Consent Agenda AF'rERNOON DISCUSSION A(;ENI)A: RE(;UI.ATORY M.¥1vFI.;RS DISCUSSION OF ITEMS PULI. ED FROM AFq'ERNOON CONSENT AGENDA 4J Consent Agreement between SFWMD and Palm Beach l'olo Holdings {page 27, paragraph I) Postponed until January 15. 1998 Board meeting. 64. Consent Agreement t)etween SFWMI) and Acme lmpr.,,ement District {page 27, paragraph 2} Ms. 'I'crr:c Bates. D~rector. Regulalmn Department. presented ~nformation on this item. A copy the material used in her presen!ation is included ,n the official roe,rd {)I' this meeting. Ms. Norma Perdue. a Wellington resident, said the Distr~ct should have noticed the violation of water quality standards by Acme sooner. She asked the Board to make a final decision today to immediately restore Peacock pond. the water body in question. Ms. Rosa Durando, Audubon Soctety of the Everglades, asked when the restoration detailed in the consent agreement will be started. Mr. John Fumero, Deputy General Counsel, Regulatory and Planning Section, Office of Counsel, said restoration is required to begin within 10 months. He said a period of time is needed to allow Acme to perfect its legal rights to Peacock Pond. Mr. Jon Moyle. representing Acme Improvement District, said his organization is trying to resolve issues related to the rights to Peacock Pond. He said Acme and the City of Wellington will pursue a resolution as aggressively as possible. Motion by Mr. Minton to approve a Consent Agreement between SFWMD and Acme Improvement District (page 27, paragraph 2). Motion approved. Mr. Pcttis asked that staff monitor the requirements of this agreement and report back to thc Board periodically. Governing Board Meehng December 11, 1997 Page 21 166- 64. New Environmental Resource permit application for YB Ranch (page 14, paragraph 6}, new Water Use permit application h)r YB Ranch (page 15, paragraph 7), and Consent Agreement between SFWMD and Philip 5', Berger and Gerald Lefebvre, (page 27, paragraph 5). Ms. Bates presented information on th~', ~tcm. A copy of thc material used ,n her prcscntat,on ~s included tn thc official record of this trleet~ng Mr Terrence J. Cannon. an Okcechobee resident who own,, land adjacent to YB Ranch. smd thc violation that ~s addressed by thc consent order was first reported tn I';'tl. Itc said YB Ranch installed culverts that drain water onto his property. Itc a.,,ked for assurances from the Board that enforcement will be carried out before thc applicant begins mimng operations on tile pr,~perty. Ms. Bates said thc consent order rcqutres that the culvert be removed wnh~n 45 days. Mr. Gerald Lefebvre, the applicant, sam tim consent agrecmcnl ,md approval of the permits xvtll solve the drainage problem. Ms. Carter said the Board should ln~,tst that the culvert be remt,.ed and the ditch be filled before mining operations begin Mr. Lefebvfe agreed. Motion b.~' Ms. Carter to approve a new Environmental Resource permit application for YB Ranch (page 14, paragraph 6). a new Water Use permit application for YB Ranch lpage 15, paragraph 7h and a Consent Agreement between SFWMD and Philip Y. Berger and Gerald Lefebvre (page 27, paragraph 5~, with the stipulation that the culvert be removed and the ditch be filled before mining operations begin. Motion approved. End of Afternoon Agenda BOARD COMMENT Mr. Hammond asked that staff move the April 1998 Governing Board Meeting date from April 16/17 to April 15/16. Board Members agreed. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 3:30 p.m. Florida Water l anagement District GOVt-LP, NING BOAt I) MEI-LTING ()pen h) thc I}ttl~lit; ACiI'LNI)A GOVERNING BO.-a RD WORKSHOP Wednesday, February 11, 1998 9:00 A.M. Harbor Branch 5600 U.S. 1 North, Ft. Pierce, FL 34946 Phone: 561-465-2400, Ext. 501 CALL TO ORDER Note Any/tern which appears on the Regular Meehng Agenda of Thursday. Fobruary 12. 1998 may be an t~em for dtscusston on this meeting agenda. 2 o o Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. Overview of Martin and St. Lucie County Issues (15 minutes) Paul Millar, Service Center Director, Martin/St. Lucie Service Center Acceptance of Upper East Coast Water Supply Plan (1 hour) Mark Eisner, Senior Supervising Planner, Upper East Coast Planning Division, Planning Department Indian River Lagoon SWIM Plan Status (15 minutes) Patti Sime, Senior Environmental Scientist, Upper East Coast Planning Division, Planning Department Indian River Lagoon Restoration Feasibility Study Update (1 hour) David Unsell, Senior Supervising Engineer, Upper East Coast Planning Division, Planning Department Harbor Branch Tour (1 1/2 hours) PUBLIC COMMENT ADJOURNMENT CALL TO ORDER 1. MINUTES OF A MEETING OF TIlE GOVERNING BOARD OF THE SOUTII FLORIDA WATER MANAGEMENT DISTRICT HELD AT OFFICES OF TIlE DISTRICT, :3301 GUN CLUB ROAD, WF~ST PALM BEACH FLORIDA WEDNESDAY, JANUARY 14, 1','98 9:00 A.M. Thc following Board Members were present Frank Williamson, Ir., Chairman Eugene K. Pcttis Miriam Singer William Graham Vera Caner William Hammond Richard Machek Michael Minton Samuel E. Poole, III, Secretary Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. Mr. Machck questioned item 5. Mr. Minton questioned item 25. 2. C & SF Project Restudy A. C & SF Restudy Project Update Mr. Stuart Appelbaum, Chief of Ecosystem Restoration Section, U.S. Army Corps of Engineers, presented the update. A copy of the material used in his presentation is included in thc official record of this meeting. Mr. Tom Tccts, Senior Supervising Planner, Lower East Coast Planning Division, Planning Department, presented information on alternative restoration efforts. A copy of the material used in his presentation is included in the official record of this meeting. Governing Board Workshop January 14. 1998 Page 2 16G B. Agriculture Advisory Committee Perspective on the Restudy Board Members deferred discussion of this item until later in the meeting. 3. Discu~ion of C-I 11 Basin Study Mr. William Crispin, Everglades Restoration Oversight Group, presented information on the Basin Study. He said his group is seeking the District's support for a legislative budget request to fund a hydrology study on this area. Dr. Jocelyn Branscome, Director, Southern Everglades/Florida Bay Division, Ecosystem Restoration Department, said the study would provide benefits to the local agricultural community in allowing them to participate more fully in the Southern Everglades Restoration effort. She said staff supports the request. By consensus, Board Members agreed to support thc budget request. 4. Overview of Frog Pond Issues This item was deleted. 5. Overview of District Internet XWEB Mr. Bob Haine, World Wide Web Administrator, Office of Enterprise Engineering, presented the overview. A copy of the material used in his presentation is included in the official record of this meeting. PUBLIC COMMENT Mr. Max Quackenbos, Martin County Conservation Alliance, expressed concern about the poor quality of staff's slide presentations. He said some of the graphs used in the presentations are not legible. Board Members agreed to consider item 7 at this time. e Overview of the District's Secondary and Cumulative Impact Criteria and Update on the Southwest Florida EIS Mr. Rob Robbins, Director, Natural Resource Management Division, presented the overview. A copy of the material used in his presentation is included in the official record of this meeting. Governing Board Workshop 1 6 ~ .~anuary 14, 1998 P~ge 3 Mr. Chip Merriam, Director, Fort Myers Service Center, presented information on the Southwest Florida Environmental Impact Statement (EIS). A copy of the material used in his presentation is included in the official record of this meeting. Board Members agreed to return to item 2B at this time. 2B. Agriculture Advisory Committee Perspective on the Restudy Mr. Tom Jones, Agricultural Advisory Commitlee, presented the perspective. A copy of thc material used in his presentation is included in the official record of this meeting. Mr. Jones said the committee is concerned about thc restudy, but has no direct standing in the restudy process. Mr. Chuck Aller, Florida Department of Agriculture, said his agency is also concerned. He said the agriculture and urban communities are alarmed over the restudy. He said there is no inclusion in the restudy of any plan beyond the restoration of the Everglades. Mr. Aller said there is doubt as to the commitment in the restudy to preserve a balance for all users, and the Board should re-affirm that commitment. Chairman Williamson said he feels the Board has a clear dedication to achieving balance in the restudy. He said the Board wants the issue of balance to be a definite pan of the restudy effort. Mr. Stuart Appelbaum, U.S. Army Corps of Engineers (USACE), said years of work will have to go into answering questions from parties interested in the restudy. He said the approach being followed by the USACE is to get the "big picture" plan approved, and then to work out the smaller details. Mr. Charles Lee, Florida Audubon Society and member of the Environmental Advisory Committee, said the committee has discussed the restudy issues and will make a recommendation to the Board in the future. Mr. Poole said he has met with the Restudy Task Force Working Group to discuss the role of agriculture and the urban community. He said the Water Resources Development Act, which will fund the work covered by the restudy, clearly calls for balance. 6. Presentation on the cooperative Funding Program Mr. Dean Powell, Deputy Director, Planning Department presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Governing Board Workshop 1 6 ~ January 14. 1998 Page 4 Mr. Roy Reynolds. Broward County. Mr. Fred Rapach. Palm Beach County. and Mr. Julian Valdez. Dade County. ali voiced their support for staffs recommendation for implementing the funding program. Governing Board Workshop January 14.1998 Page 5 8. Update on Supplemental Technologies Mr. Nick Aumen, Research Program Director, Ecosystem Restoration Department, presented the update. A copy of the material used in his presentation is included in the official record of this meeting. 1 Mr. Charles Lee, Florida Audubon Society, said his organization is encouraged at the aggressive program set out by staff, lie asked that the Board agree at a future meeting to consider pursuing a discussion with environmental groups on ways to enhance Best Management Practices. PUBLIC COMMENT Mr. Wayne Nelson, Fishermen Against Destruction of the Environment, expressed concern about high water levels in Lake Okeechobee. He said water should have been released by the District earlier because staff knew this was an El Nino year which would lead to above average rainfall. Chairman Williamson said the Board is scheduled to hear a report at the Thursday, January 15, 1998 meeting on meteorological conditions affecting the lake. He said it is difficult to predict the weather. ADJOURNMENT There being no further discussion to come before the Board, the meeting was adjourned at 3:00 p.m. GOVERNING BOARD MEETING Thursday, February 12, 1998 B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL 33406 Note: Any item which appears on the Workshop Agenda of Wednesday. February 11, 1998, may be an item for discussion or action on this Meeting Agenda. CALL TO ORDER A. Inspiration: Betty Brannock B. Pledge of Allegiance to the Flag of the United States of America · Presentation: Ms. Miriam Singer, Chairwoman of the Human Resources Committee will recognize January's Employee of the Month - Susie Campbell, Management Services Department · Service Awards: 30 Year Service Award for Willie Gallery, Operations & Maintenance Department 25 Year Service Award for Richard Graham, Construction & Land Management Department D. Approval of the Minutes of the Governing Board Workshop of January 14, 1998 and the Governing Board Regular Meeting of January 15, 1997. MORNING AGENDA APPROVAL A. Additions, Deletions, Substitutions B. Abstentions GOVERNING BOARD MEETING SCHEDULE Consider Schedule for Upcoming Meetings. Consider Tentative Agenda for March Workshop. Governing Board Meeting February 14. 1998 Page 2 16G MORNING CONSENT AGENDA Note: The Board may not wish to discuss these items individually and may approve them as a group. Anyone wishing to speak on one of these issues should complete a pink speaker card and submit it to the District Representative in the lobby prior to consideration of the Consent Agenda. This will permit the Chairman to pull such items for individual discussion later on the agenda. Pull Items for discussion. Mo.'.;,,.~ to approve the Consent Agenda ex,:ept for Items pulled for discussion. (Items pulled will be considered by the Board under the Discussion Agenda.) BUDGET OFFICE 3. Approve C3udget Transfers. FORT MYERS SERVICE CENTER o Authorize entering into a cooperative agreement with the Lee County Regional Water Supply Authority for the construction of a Treated Water Aquifer Storage and Recovery System at the Lee County Utilities Olga Water Treatment Plant North Reservoir. The District anticipates a total project cost of Six Hundred Thirty Four Thousand Dollars and No Cents ($634,000.00), of which the District is funding Three Hundred Thousand Dollars and No Cents ($300,000.00), with the balance of funds in the amount of Three Hundred Thirty Four Thousand Dollars and No Cents ($334,000.00) to be obtained from the Lee County Regional Water Supply Authority. (Contract Number C-9828) Authorize entering into a cooperative agreement with the Lee County Regional Water Supply Authority for the construction of a Treated Water Aquifer Storage and Recovery System at the City of Fort Myers Water Treatment Plant. The District anticipates a total project cost of Six Hundred Thirty Four Thousand Dollars and No Cents ($634,000.00), of which the District is funding Three Hundred Thousand Dollars and No Cents ($300,000.00), with the balance of funds in the amount of Three Hundred Thirty Four Thousand Dollars and No Cents ($334,000.00) to be obtained from the Lee County Regional Water Supply Authority. (Contract Number C-9829) Authorize entering into a cooperative agreement with the Lee County Regional Water Supply Authority for the construction of an expansion of the Treated Water Aquifer Storage and Recovery System at the Lee County Utilities Corkscrew Water Treatment Plant. The District anticipates a total project cost of Two Million One Hundred Sixty Two Thousand Dollars and No Cents ($2,162,000.00), of which the Distdct is funding Three Hundred Thousand Dollars and No Cents ($300,000.00), with the balance of funds in the amount of One Million Eight Hundred Sixty Two Thousand Dollars and No Cents ($1,862,000.00) to be obtained from the Lee County Regional Water Supply Authority.(Contract Number C-9830) Governing Board Meeting February 14, 1998 Page 3 Authorize entering into a cooperative agreement with the Lee County Regional Water Supply Authority for the construction of a Raw Water Aquifer Storage and Recovery System at the Lee County Utilities Olga Water Treatment Plant. The District anticipates a total project cost of Nine Hundred Thousand Dollars and No Cents ($900,000.00), of which the District is funding Three Hundred Thousand Dollars and No Cents ($300,000.00), with the balance of funds in the amount of Six Hundred Thousand Dollars and No C~nts ($600,000.00) to be obtained from the Le3 County Regional Water Supply Authority. (Contract Number C-9832) OKEECI IOBEE SERVICE CENTER Authorize entering into a revenue contract with Steve Beaty for cattle grazing on 683 acres, known as the Yates Marsh parcel, for a period of five years from the execution of this contract, in the amount of $34,375 as revenue to the District. The sum of $6,875 is budgeted for receipt in annual installments for FY 1998, FY 1999, FY 2000, FY 2001, and FY 2002. (Contract Number C-8827) ORLANDO SERVICE CENTER o Authorize amending a security services contract with Plantation Security, to extend the contract with Plantation Security, to extend the contract for an additional 1-year period and to add areas to the SOW, in the amount of $79,000 for which $44,000 is budgeted in FY1998 and the remaining is subject to Governing Board approval for FY1999. )Contract Number C-6336-A3) MARTIN/ST. LUCIE SERVICE CENTER 10. Authorize entering into a contract with the City of Port St. Lucie for the construction of a Floridan wellfield and raw water main for six (6) months from the execution of this contract, in the amount of $300,000 for which funds are budgeted. (Contract Number C- 9452) 11. Authorize entering into a contract with the City of Port St. Lucie for the construction of a reverse osmosis concentrate discharge stream, for period of 14 months from the execution of this contract, in the amount of $300,000 for which funds are budgeted. (Contract Number C-9453) 12. Authorize entering into a 135-day no cost amendment for a cooperative agreement with the Nature Conservancy to develop a detailed restoration plan for the tidal wetlands along the Indian River Lagoon within the Blowing Rocks Preserve in the amount of $46,000 for which funds are budgeted. (Contract Number C-7853). The contract expiration date will change from September 30, 1997 to February 15, 1998. Governing Board Meeting February 14. 1998 Page 4 BIG CYPRESS BASIN 13. 14. Authorize amending a Cooperative Agreement with the Department of Environmental Protection for continuing land acquisition in Southern Golden Gate Estates in the amount of $70,000 for which funds are budgeted. (Contract Number C-3133-A6) Authorize entering into a Cooperative Agreement with Collier County to assume ownership, operations, and maintenance of the Bay West Nursery, Nursery Lane, and Rose Boulevard Bridges on Cocohatchee Canal in Naples, Flodda at no cost to the District. (Contract Number C-8337) 15. Authorize entering into a Cooperative Agreement with Collier County Public Schools for a Water Resource Specialist Expansion Program in the amount of $59,000 for which funds are budgeted. (Contract Number C-9113) MANAGEMENT SERVICES DEPARTMENT 16. 17. Authorize entering into a contract with The Benenson Investment Company for the lease of 1,586 square feet of usable space for the Broward Service Center for the period March 1, 1998 through February 28, 2003, in an amount not to exceed $140,220, of which $14,803 is budgeted for FY 1998 with the remainder ($125,417) subject to Governing Board approval of the FY 1999 through 2003 budgets (Contract Number C-9380). Authorize removing ~ssets from the property records that have been disposed of or have remained unlocated for a period of three (3) years. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 18. 19. 20. Authorize entedng into a contract with Roth Farms, Inc., the highest responsive and responsible bidder for the lease of 120 (plus or minus) acres of land, STA 1E, Palm Beach County, for a seven year period, for the purpose of farming, in the amount of $121,800 as revenue to the District. (Contract Number C-9318) Authorize amending a cooperative agreement with the Florida Department of Environmental Protection to provide funding for and reporting on management activities of the Loxahatchee River, Save Our Rivers property, for one year, in an amount of $100,000, for which funds are budgeted. (Contract Number C91-2447-A3) Approve staff recommendations for releases of Distdct canal, mineral and road reservations, releases of T.I.I.T.F. canal reservations, and issuances of noil-use commitments. 21. Approve accepting, as a donation from U.S. Sugar Corporation, land interests containing 24.37 acres, more or less, in Hendry County, and approve the Agreement between U.S. Sugar Corporation and the District detailing their respective water quality monitoring requirements. February 14, 1998 Page 5 22. Authorize amending the Cooperative Agreement with the Nature Conservancy, a not-for- profit organization, to change the closing fee and to extend the term of the agreement to assist in the acquisition of land interests within the CREW Project and the East Coast Buffer Project. (Contract Number C-7336-A2) 23. Approve Amendment to Agreement for Sale and Purchase of BCB Tract Nos. 100-163 and 100-164, Cocohatchee Canal Phase 3 Improvements Projects, Big Cypress Basin, Collier County. ECOSYSTEM RESTORATION DEPARTMENT 24. Authorize retroactive, ly amending a continuing contract with Burns & McDonnell, Inc., for professional services regarding the Everglades Construction Project to include peer reviews of plans for upcoming projects (S-5A Diversion, 298 Districts Contract, Closter Farms Contract) and provide for an extended participation in the Project Oversight Team during construction and extend the performance period until the Project Oversight Team is dissolved in the amount of $17,092, for which funds are budgeted; and authorize a waiver of the District Procurement Policy requirement to recompete continuing contracts every two years. (Contract Number C-3021-A7). 25. Authorize entering into a contract with db Environmental Laboratories, Inc., for conducting a demonstration of submerged aquatic vegetation/limerock treatment system technology for removing phosphorus from Everglades Agricultural Area waters in the amount of $409,559 of which $394,000 is budgeted in FY98 and the remainder is subject to Governing Board approval of the FY99 budget. (Contract Number C-8605) OPERATIONS AND MAINTENANCE DEPARTMENT 26. Authorize entedng into a cooperative agreement with the United States Department of Agriculture (USDA) for investigation of biological controls for Lygodium in a total amount not to exceed $375,000, of which $75,000 is budgeted for FY98 and the remaining $300,000 is subject to Governing Board approval of the FY99 through FY02 budgets (Contract Number C-9552). End of Morning Consent Agenda PUBLIC COMMENT (May be moved to follow Public Hearing) Opportunity for members of the public to discuss matters of interest which are not on the agenda. Governing Board Meeting February 14, 1998 Page 8 PUBLIC HEARING at 9:30 A.M. Note: The Board will discuss these items individually in the order listed. 16G CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 27. Approve accepting, as a donation from Fort James Corporation, land interests containing 73,810 acres, more or less, in Palm Beach County, in the Everglades Agricultural Area, Wa~,., Conservation Area-1 and Water Conservation Area-2. Wi/liam F. Ma/one, Director, Construction & Land Management Department 28. Approve the purchase of land interests containing 122.26 acres, more or less, in Okeechobee County, Pool D, Kissimmee River Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. William F. Ma/one, Director, Construction & Land Management Department 29. Approve the purchase of land interests, including structures and improvements, containing 15.81 acres, more or less, in Dade County, 8.5 Square Mile Project, approve declaring surplus, disposal of, and removal from the asset records, any such structures and improvements deemed unnecessary for the stated purpose of the original land acquisition, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for thi~ acquisition and associated costs. I/Yilliam F. Malone, D/rector, Construction & Land Management Department 30. Approve the purchase of land interests containing 7.50 acres, more or less, in Dade County, East Coast Buffer Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Chuck Rinaldi, Deputy Department Director. Land, Construction & Land Mgr. Dept. 31. Approve the purchase of land interests containing 39.11 acres, more or less, in Dade County, L-31N Transition Lands Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Chuck Rinaldi, Deputy Department Director- Land, Construction & Land Mgr. Dept. 32. Approve the purchase of land interests containing 105.00 acres, more or less, in Lee County, CREW Project, and authorize resolution(s) to the Board of Trustees of the Internal Improvement Trust Fund requesting reimbursement for this acquisition and associated costs. Chuck Rinaldi,.Deputy Department Director. Land, Construction & Land Mgr. Dept. 33. Consider acquisition of SOR lands. Governing Board Meeting February 14, 1998 Page 7 OFFICE OF SUPPLIER DIVERSITY & OUTREACH 34. Consider adoption of amendments to Rule 40E-7.653, F.A.C., pertaining to M/WBE Certification eligibility. (Docket Number 98-3) Carolyn L. Williams, Director, Office of Supplier Diversity & Outreach Glenn Miller, Senior Staff Attomey, Office of Counsel End of Public Hearing PUBLIC COMMENT (May be continued at this time if not cornpleted prior to the Public Hearing.) BOARD COMMENT Opportunity for Board Members to discuss matters of interest which are not on the agenda. REPORT FROM THE ADVISORY COMMITTEES Tom Jones, Chairman, Environmental Advisory Committee 35. OMBUDSMAN'S REPORT Richard E. Williams, District Ombudsman MORNING DISCUSSION AGENDA Note: The Board will discuss these items indiWdually in the order listed. DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA ECOSYSTEM RESTORATION DEPARTMENT 36. Everglades Construction Project Update Joseph A. Schweigart, Director, Everglades Construction Project Dr. Jennifer Jorge, Deputy Director, Everglades Construction Project 37. Authorize entering into a contract with Coltec Industries Inc. Fairbanks Morse Engine Division for the purchase and remanufacturing of two used ten-cylinder Fairbanks Morse 38D8-1/8 diesel engines for use in pumping station G-335 as well as the remanufacturing of four six-cylinder Fairbanks Morse 38D8-1/8 diesel engines for use in pumping stations G-310 and G-335, and to provide the controls, governors and skid-mounted auxiliaries for the four six-cylinder engines and four ten-cylinder engines (includes engines being purchased under contracts C-E206 and C-E205 respectively) in the amount of $3,661,210, of which $3,000,000 is budgeted in FY98, and the remainder is subject to Governing Board approval of the FY99 ($355,605) and FY00 ($305,605) budgets; and authorize a budget transfer in the amount of $1,99E,876 from the Everglades Construction Project Division, Water Control Structures to Furniture and Equipment (Contract Number C-E211). Joseph A. Schweigart, Director, Everglades Constructi¢,n Project Governing Board Meeting February 14. 1998 Page 8 CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 38. 39. 16G Overview of Frog Pond Issues. William Ma/one, Director, Construction & Land Management Department Tom McCracken, Director, Land Management DA'sion Approve an Application for Federal Assistance and Grar~t Agreement Stormwater Treatment Area I East witl~ the U. S. Department of the Intedor for the purchase of land interests containing approximately 4,938 acres, more or less, in the Stormwater Treatment Area 1 East project, in the amount of forty-six million dollars ($46,000,000), and authorize the Executive Director, or his designee, to execute the Application and Grant Agreement. Charles R. Rinaldi, Deputy Department Director-Land, Construction & Land Mgt. OFFICE OF COUNSEL 40. Authorize rule development for compliance with the Administration Commission's Uniform Rules of Procedure and approve the District's petition for specific exceptions to the uniform rules. (Docket Number 98-5) John J. Fume/o, Deputy General Counsel, Office of Counsel Cecile Ross, Associate A#omey, Office of Counsel MANAGEMENT SERVICES DEPARTMENT/ADMINISTRATION 41. Consider adoption of the 1998 Equal Opportunity Plan. PLANNING DEPARTMENT 42. 43. Lower East Coast Water Supply Plan Update (30 minutes) John Mulliken, Senior Supervising Planner, Lower East Coast Planning Division, Planning Department Seminole Entitlement Study Update (30 minutes) Woodie VanVoorhees, Govemment and Public Affairs Ken Konyha, Sonior Engineer, Upper East Coast Planning Division, Planning Department C&SF Restudy Update (30 minutes) Tom Teets, Sr. Supervising Planner, Lower East Coast Planning Division, Planning Department John Ogden, Lead Environmental Scientist, Executive Office REPORT FROM THE EXECUTIVE DIRECTOR 45. Water Management Highlights Samuel E. Poole I!1, Executive Director Governing Board Meeting February 14, 1998 Page 9 16(] 46. Governing Board Follow-up Items Samuel E. Poole ill, Executive Director 47. Water Conditions Report Eric Swart'z, Staff Meteorologist, Operations & Maintenance Department Tommy Strowd, Director, Operations, Operations & Maintenance Department 48. Year 2000 Computer Update Trevor Campbell, Director, Office of Enterprise Engineering 49. Update on Litigation Barbara Markham, General Counsel End of Morning Discussion Agenda AFTERNOON AGENDA APPROVAL: 2:00 P.M. Ao B. C. D. E. F. G. Additions, Deletions, Substitutions Abstentions Pull Items for Discussion Motion to Approve Afternoon Consent Agenda, except for items pulled for discussion Consider Afternoon Consent Agenda Items Pulled for Discussion Continue Morning Discussion Agenda (if applicable) Consider Afternoon Discussion Agenda AFTERNOON CONSENT AGENDA: REGULATORY MATTERS NOTE: The Board may not wish to discuss these items individually and may approve them as a group. Anyone wishing to speak on one of these items should complete a green speaker card and submit it to the District Representative in the lobby prior to consideration of the Consent Agenda. This will permit the Chairman to pull such items for individual discussion. A copy of the Consent Agenda is available upon request by contacting the Regulation Department at (561) 687-6736. 50. Consideration of Consent Agenda for Governing Board approval which includes Construction and Land Management items: Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Permit Applications for Approval Under Limited Amnesty Program Right of Way Occupancy Permit Applications for Waiver of District Criteria 16G Governing Board Meeting February 14. 1998 Page 10 51. Consideration of Consent Agenda for Governing Board approval which includes Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (includes Conservation Easements) Environmental Resource Permit Applications (includes Conservation Easements) Wetland Resource Permit Applic. ations (includes Conservation Easements) Everglades Works of the District Permit Applications LOK SWIM Works of the District Permit Applications Denials Surface Water Management Permit Extensions Seminole Tribe of Florida Tenth Annual Work Plan Per, nit Application Fee Refund Consent of Use Agreements Consent Agreements Litigation Authority Petitions for Administrative Hearing End of Afternoon Consent Agenda AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS NOTE: The Board will discuss individually in the order listed on the agenda. DISCUSSION OF ITEMS PULLED FROM AFTERNOON CONSENT AGENDA UPDATE ON INDIAN TRAIL WATER CONTROL DISTRICT'S MITIGATION EFFORTS 52. Annual Consideration of The Indian Trail Water Control District L-8 Operation Plan and Unit '11 Mitigation Program as previously permitted for the M-1 Basin under Permit 50-00761-S, Palm Beach County. Pat Walker, Governmental Representative, Government & Public Affairs Ken Ammon, Deputy Director, Regulation Department Robert Robbins, Director, Natural Resource Management Division, Regulation Department 53. Attorney-Client Session, pursuant to Fla. Stat. Section 286.011(8)(1993) to discuss settlement negotiations or strategy related'to litigations expenditures in IT Corporation v. SFWMD. Governing Board Meeting Februan/14, 1998 Page 11 Status Reports 1. 16G Report on Competition Waivers authorized pursuant to the District's Procurement and Contracting Policy. End of Afternoon Agenda 1 ADJOURNMENT 16G 1 MINUTES OF A MEETING OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT OFFICES OF THE DISTRICT, 330! GUN CLUB ROAD, WEST PALM BEACH FLORIDA THURSDAY, JANUARY 15, 1998 8:30 A.M. The following Board Members were present Frank Williamson, .Ir., Chairman Eugene K. Pettis Miriam Singer William Hammond Richard Machck Vera Michael Minton Samuel E. Poole, HI, Secretary CALL TO ORDER Chairman Williamson called the meeting to order at 8:30 a.m., followed by the inspiration by Ms. Sue Bellantonio, and the pledge of allegiance to the Flag of the United States of America. Presentations Ms. Miriam Singer, Chairwoman of the Human Resources Committee recognized December's Employee of the Month, Mr. Ralph Hayden, Lead Engineer, Construction and Land Management Department. Board Members, Mr. Poole, and Mr. Trevor Campbell, Director, Office of Enterprise Engineering, presented awards from ITVA (International Television and Video Association), Charleston Worldfest Film and Video Festival, and The Communicator Awards, to Mr. Pat Partington, Visual Design Liaison, Visual Communications Division. Approval of Minutes Ms. Singer corrected the minutes of the Thursd%,, December 11, 1997 Governing Board Meeting. A copy of the correction follows: Items #16 and #I 7 were moved from the Morning Consent Agenda, and were considered together. 16_.: Authorize renewing a contract with CIGNA Employee Benefit Companies for accidental death & dismembermen~ dental and vision insurance's & flexible spending account administration for employees of the District Governing Board Regular Meeting January 15. 1998 Page 2 Authorize renewing a contract with Florida Combined Life (through Blue Cros.qBluc Shield of Florida) for coverage of long-term disability~ basic~ optional~ spouse and dependent life Insurance's for the employees of the District Mr. Justin Ausanio, Benefits Manager. Risk Management Division, presented information on ~-his4t. em these items. A copy of the material used in his presentation is included in the official record of this me¢,ing. Ms. Singer asked that staff provide information on how employees are receiving services provided by these firms. Motion by Ms. Singer tn authorize renewing a contract with CIGNA Employee Benefit Companies for accidental death & dismemberment, dental nnd vision insurance's & flexible spending account administration for employees of the District for the period of January 1, 1998 through December 31, 1998, In the estimated amount of $8,790,955 of which $7,037,241 is the estimated District share with the balance of $1,753,714 paid by employee premium,;. Of the estimated District share, $5,277,931 is budgeted In FY98, with $1,759,310 subject to Governing Board approval of the FY99 budget (Contract Number C-5104-A4). Motion approved. Motion by Ms. Singer to authorize renewing a contract with Florida Combined Life (through Blue Cross/Blue Shield of Florida) for coverage of long-term disability, basic, optional, spouse and dependent life insurance's for the employees of the District for the period of January I, 1998 through December 31, 1998 in the estimated amount of $830,867, of which $386,072 is the estimated District share with the balance of $444,795 paid by employee premiums. Of the estimated District share, $289,554 is budgeted in FY98, with $96,518 subject to Governing Board approval of the FY99 budgeL (Contract Number C-5157-A4). Motion approved. Abstain - Mr. Minton on item 16. Motion by Ms. Singer to approve the Minutes of the Governing Board Workshop of December 10, 1997 as written, and the Minutes of the Governing Board Regular Meeting of December 11, 1997 as corrected. Motion approved. MORNING AGENDA APPROVAL Additions, Deletions, Substitutions Mr. Phil Kochan, Senior Business Operations Analyst, Executive Office, presented changes handed out as part of the Revised Agenda. A copy of the Revised Agenda is included in the official record of this meeting. Mr. Kochan also noted that item 17 has been deleted. Governing Board Regular Meeting Sanuary 15. 1998 Page 3 q Abstentions Mr. Hammond abstained on item 7. Pull items for discussion. Mr. Machek pulled item 5. Mr. Minton pulled item 25. Motion to approve the Consent Agenda except for items pulled for discussion. Motion by Ms. Singer to approve the Morning Consent Agenda as revised. Motion approved. GOVERNING BOARD MEETING SCHEDULE 1. Consider Schedule for Upcoming Meetings. Mr. Poole presented the schedule. A copy of the schedule is included in the official record of this meeting. 2. Consider Tentative Agenda for February Workshop. Mr. Kochan presented the tentative agenda for the February Workshop. A copy of the tentative agenda is included in the official record of this meeting. 3. Accept the Audit Committee report, including recommended actions. Mr. Pettis, Chairman, Audit Committee, presented the report. He said the Audit Committee met on Wednesday, January 14, 1998 and: Recommended Governing Board approval to enter into 35 work order contracts for Information System/Information Technologies service for the time period January 1, 1998 through September 30, 2000 in an amount not to exceed $4,779,938, of which $1,444,090 is budgeted and the remaining $3,335,848 is subject to Governing Board approval of the FY1999 and FY2000 budgets. (Contract Number C-9400). Motion by Ms. Singer to authorize entering into 35 work order contracts for Information System/Information Technologies service for the time period January 1, 1998 through September 30, 2000 in an amount not to exceed $4,779,938, of which $1,444,090 is budgeted and the remaining $3,335,848 is subject to Governing Board approval of the FY1999 and FY2000 budgets. (Contract Number C-9400). Motion approved. Mr. Pettis said the Committee accepted the FY97 External Audit Report from Arthur Andersen L.L.P. The audit found no material weaknesses in District financial controls. The external auditors recommended that: Governing Board Regular Meeting .~anuary 15. 1998 Page 4 the District's strategic plan be updated; a checklist for the grants program be developed by management to assure compliance; and the District's computer system security be improved by requiring management to review all security reports. Mr. Pettis said the Committee accepted a repor~ on the FY97 Comprehensive Annual Financial Report. The report showed that, for the two year-period since 1995: the District's total assets of $1.4 billion increased by 20+ perce,,t (primarily in capital assets); total liabilities of $174 million decreased by 6 percent; net equity of $1.2 billion increased by 25+ percent; total revenues of $317 million increased by 30+ percent (primarily from capital grants and taxes); and total expenditures of $295 million were with the approved budget and increased by 46+ percent (primarily from capital acquisitions related to Everglades Restoration). Mr. Pettis said the Audit Committee also heard the activity report of the Inspector Generars Office, and approved the minutes from December 10, 1997. Motion by Mr. Graham to accept the Audit Committee report, included recommended actions, Motion approved. 3. Accept the Human Resources Committee report, including recommended actions. Ms. Singer, Chairwoman, Human Resources Committee, presented the report. She said the committee met on Wednesday afternoon, January 14. The committee heard three items: an update on the draft 1998 equal opportunity plan, a briefing on the 360-degree evaluation program, and a recommendation to approve the alternative work schedule policy. Ms. Singer said Mr. Luis Leon, Manager, Equal Employment Opportunity Division, presented information on the Equal Employment Opportunity Plan. He highlighted significant trends for FY 'c~7 (October '96 through September '97). He also presented the 1998 "EO" goals, which include adopting the Equal Employment Opportunity policy as a role, creating a "diversity council" to focus on strengthening the District's retention of protected groups, and continuing efforts to aggressively recruit professional- and executive-level minorities. Board members directed staff to provide detailed information in February on terminations by race and gender, specific retention strategies, and departmental strategies to increase minority representation. In addition, Ms. Singer requested staff to provide more detailed information on underutilized job groups and departmental comparisons. Ms. Singer also said she has met with legal and human resources staff to review discrimination complaints on a quarterly basis to determine whether any patterns exist at the District or in a department. Governing Board Regular Meeting January 15, 1998 Page ~ 4 Ms. Singer said Ms. Arlene McClurg, Manager, Employee Development Division, de~ribed the pilot "360-degree" evaluation program under way at the District, consisting of executive managers and other staff. She said Mr. Poole has recommended this program, which evolved from more limited reverse appraisals in other organizations, for all District managers. The "360" feedback comes from an employee's circle of influence or knowledge network -- supervisors, coworkers, customers, direct reports, and others. Ms. Singer said thc committee recommended approval of the alternative work schedule policy: Motion by Ms. Carter to approve the Alternative Work Schedule Policy 03.4200. Motion approved. MORNING CONSENT AGENDA The following items were approved as part of the Morning Consent Agenda, except items 5 and 25, which were pulled: BUDGET OFFICE 6. Approve Budget Transfers. FORT MYERS SERVICE CENTER 7. Authorize entering into a contract with the Corkscrew Regional Ecosystem Watershed Land and Water Trust to provide environmental education through use of SOR lands as a natural classroom, manage public use through permits, report public use levels, assist real estate activities, and assist in real estate acquisitions. Effective date is October 1. 1997. (Contract Number C-9834) Governing Board Regular Meeting Sanuary 15. i 998 Page 6 IA 11 1'9 11 MIAMI SERVICE CENTER 14. Authorize enteKng into a retroactive amendment to a cooperative agreement with thc City ot Miami Beach to eva/uate Aquifer Storage and Recover, (ASR) technology in the storage and re-use of stormwater for irrigation to extend the termination date of the contract for 18 months (from July 25. 1997 to January 25, 1999) at no additional cost to the District. (Contract Numbcr C-7819) MANAGEMENT SERVICE~ DEPARTMENT CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT Governing Board Regular Meeting January 15, 1998 Page 7 16. Approve and execute a Resolution declaring and adopting S332D a Work of the District pursuant to Subsection 373.086(2), Fla. Admin. Code. 18. 19. 20. Approve staff recommendations for releases of District canal, mineral and mad reservations, releases of T.I.I.T.F. canal reservations, and issuances of non-use ccmmitmenLs. Approve acceptance of a donation of land interests consisting of a Temporary Construction Easement on 0.433 acres, more or less, in Sections 20 and 21, Township 40 South, Range 32 East, Glades County, within Levee L-61 in conjunction with the Culvert at County Road 74 Replacement Project. Authorize entering into a contract with Action Mechanical, Inc. for construction of the Building B-SO HVAC Improvements Project in the amount of $296,000 of which $180,000 is budgeted, and authorize a budget substitution of $ l 16,900. (Contract Number C-9036) 21. Authorize entering into a contract with L. J. Nodarse & Associates for Professional Engineering and Testing Services in the amount of $270,000 for which S ! 20,000 is budgeted in FY '98 and $ ! 50,000 is subject to approval of FY '99 Budget. (Contract Number C-9000) ECOSYSTEM RESTORATION DEPARTMENT 22. Authorize entering into a revenue contract with the Florida Department of Environmental Protection (FDEP) to receive funding under an approved Section 319 Grant as the Environmental Protection Agency's cost-share to fund the submerged aquatic vegetation/limerock treatment system technology demonstration for removing phosphorus from Everglades Agricultural Area waters in the amount of $18:5,000, for which funds are budgeted. (Contract Number C-9609) OFFICE OF ENTERPRISE ENGINEERING 23. Authorize .... .~-- :-, ........ , ,.,:, - sy ......... e..v a~v ........ .~ . h issuine a purchase order to BGS stems, Inc. standards of competition, for the acquisition of systems management and capacity planninr ................. r .................................. in an the amount of t-e-er, ee~ $143,702 for.which funds are budgeted, rt) .... :.:,:~. ,-----s ................. RX X802:~90; OPERATIONS AND MAINTENANCE DEPARTMENT 24. Authorize amending three separate work order contracts with the finns of Texas Aquatic Harvesting. Weedbusters, Inc., and Adirondack Harvesters, Inc. for mechanical harvesting services to increase contract funding in an amount not to exceed $310,500, of which $150,000 is budgeted and authorize a budget transfer in the amount of $160,500 from available chemical funds. (Contract Numbers C-7550- A3, C-7558-A3, C-7559,-A2) Governing Board Regular Meeting lanuary 15, 1998 Page 8 16G 26. Authorize entering into a work order contract with Applied Aquatic Management, Inc. for ground application services in a total amount not to exceed $ 1,576,468, of which $486,468 is budgeted for FY98, and the remaining $I,090,000 is subject to Governing Board approval of the FY99 and FY00 budgets. (Contract Number C-9559) 27. Authorize a waiver of competition for over $25,000 as an exception to the General Standards for Competition for a one-time purchase of Pathfinder Il chemicals f~,r vegetation management from Dow Elanco. PLANNING DEPARTMENT 28. Authorize amending Contract Number C-7798 for the Northern Palm Beach County Comprehensive Water Management Plan to add Phase II in the budgeted amount of $150,000 for fisdal year 1998 and retroactively extend terms of the Agreement for one year. (Contract Number C-7798) 29. Authorize the District staff to proceed with the development of FY2000 Public Works Program funding applications in accordance with the State Public Works Program (PWP) for District sponsored construction projects and studies. REGULATION DEPARTMENT 30. Authorize entering into a contract with Dyer, Riddle, Mills and Precourt, Inc., for the determination of appropriate pre-development versus post development volume criteria for new and/or existing developments which would result in additional protection of the water resources of the State, in the amount of $100,000.00 for which funds are budgeted. Authorize a budget substitution for $680.00 which has been budgeted for Phase II of this project for a total of $ ! 00,680.00. (Contract Number C-8501 ) 31. Authorize acceptance of $43,250 from Secondary Holdings, Inc., to be directed to Fund Code 11 to be used to acquire, enhance, and manage 8.75 acres of wetlands as mitigation for an Army Corps of Engineers permit. WATER RESOURCES EVALUATION DEPARTMENT 32. Authorize entering into a contract with Engineered Environmental Solutions, Inc. to install monitoring wells to establish research monitoring sites in isolated wetlands in the amount of $72,650, for which funds are budgeted. (Contract Number C-8665) End of Morning Consent Agenda MORNING DISCUSSION AGENDA DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA Governing Board Regular Meeling January 1:5. ! 998 Page 9 EXECUTIVE OFFICE Authorize entering into a three (3) year contract with James Martin & Co. for management consulting sen'ices Mr. Machek said he is concerned that this project may overlap other programs within the District. Mr. Kent Loftin, Senior Consult;ng Engineer, Executive Office, said this contract is not designed to do a detailed study, but to put the bits and pieces oi what has been developed into an overall context. Mr. Graham said the contract could help District management make thc necessary tough decisions, and would be a worthwhile tool. Mr. Pettis and Ms. Singer agreed. Mr. Minton said the description of the product is vague. He said he is not sure that the work is needed. Mr. Machek agreed as to the vagueness of the contract wording. He said he would support approval if staff will report to the Audit Committee every six months on the status of work, and if the work can be suspended if the Audit Committee recommends that the Board do so. Motion by Mr. Machek to authorize entering into a three (3) year contract with James Martin & Co. for management consulting services to provide assistance to the South Florida Water Management District, and to direct staff to report regularly to the Audit Committee on the status of the work. The purpose of this contract is to provide assistance in further aligning our programs, budget process, and performance measures with our mission and priorities. The contract is for an amount not to exceed $250,000, of which $100,000 is budgeted in FY98 and the remaining $150,000 is subject to Governing Board approval of the FY99 and Fy00 budgets. (Contract Number C-9151). Motion approved. Aye - Chairman Williamson, Mr. Machek, Mr. Graham, Ms. Carter, Ms. Singer, Mr. Berger, Mr. Hammond, Mr. Pettis. Nay - Mr. Minton. OPERATIONS AND MAINTENANCE DEPARTMENT Authorize entering into a work order contract with Aquatic Plant Management for ground application services Mr. Minton questioned this item. He said this pioject was only advertised locally and should have been part of the Minority Request for Proposals process. Ms. Singer noted that staff has the authority to determine which contracts are set-asides for minority participation. Mr. Berger suggested that this issue be scheduled as a workshop item in the near future. Motion by Ms. Singer to authorize entering into a work order contract with Aquatic Plant Management for ground application services in a total amount not to exceed $957,658, of which $289,009 is budgeted for FY98, and authorize a budget transfer in the amount of $8,649 from available chemical funds; and the remaining $660,000 is subject to Governing Board approval of the FY99 and FY00 budget,~. (Contract Number C-9558). Motion approved. Aye - Chairman Williamson, Mr. Machek, Mr. Graham, Ms. Carter, Ms. Singer, Mr. Berger, Mr. Hammond, Mr. Pettis. Nay - Mr. Minton. Governing Board Regular Meeting January 15, 1998 Page 10 pUBLIC HEARING at 9:30 A.M. Chairman Williamson opened the public hearing. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 33. Authorize a resolution advising the Department of En,,,ronmental Protection of the Save Our Rivers Land Acquisition Program adopted budget needs for FY98 Mr. William F. Malone, Director, Construction & Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Hammond to authorize a resolution advising the Department of Environmental Protection of the Save Our Rivers I. amd Acquisition Program adopted budget needs for FY98, utilizing up to five percent of the District's allocation from the Water Management Lands Trust Fund for pre-acquisition costs associated with preliminary and preparatory activities as necessary for the District to pursue acquisition of the fee or other legal interest in lands pursuant to the Save Our Rivers Program and authorize the Executive Director, or his designee, to request reimbursement on a quarterly basis based on actual expenditures for pre-acquisition activities. Motion approved. Approve resolution advising the Department of Environmental Protection of the Save Our Rivers Program, Construction and Land Management Department, adopted budget needs for FY '98 Mr. Malone presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Pettis to approve resolution advising the Department of Environmental Protection of the Save Our Rivers Program, Construction and Land Management Department, adopted budget needs for FY '98 utilizing funds in the amount of $4,836,842 from the Water Management Lands Trust Fund and authorize the Executive Director or his designee to request reimbursement on a quarterly basis based on actual expenditures for land management, maintenance, and capital improvement activities. Motion approved. 35. Approve the purchase of land interests, containing 2.72 acres, more or less, in Dade County, 8.5 Square Mile Project Mr. Malone presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Minton to approve the purchase of land lnteresL% containing 2.72 acres, more or less, in Dade County, 8.5 Square Mile Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. Approve the purchase of land interests containing 89.05 acres, more or less, in Broward and Dade Counties, East Coast Buffer Project Governing Board Regular Meeting 1 6 G "1 January 1:5. ! 998 Page I 1 Mr. Charles R. Rinaldi, Deputy Director-Land, Construction & Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Graham to approve the purchase of land interests containing 89.05 acres, more or less, in Broward and Dade Counties, East Coast Buffer Project, and authorize a resolution to the Department of Environme.,.-:l Protection requesting reimbursement for this acquisition and associated costs. Motion approved. Approve the purchase of land interests containing 2.5 acres, mo.~ or less, in Dade County, Southern Glades (C-II1) Project Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Graham to approve the purchase of land interests containing 2.5 acres, more or less, in Dade County, Southern Glades (C-111) Project, and authorize an Amendment to Agreement for Sale and Purchase, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. 38. Approve the purchase of land interests containing 19436 acres, more or less, in Dade County, L- 31N Transition Lands Project Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Singer to approve the purchase of lahd interests containing 194.36 acres, more or less, in Dade County, L-31N Transition Lands Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. 39. Approve the purchase of land interests containing 1,377.75 acres, more or less, in Dade County, Model Lands Basin Project Mr. Rinaldi presented information on' this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Singer to approve the purchase of land interests containing 1,377.75 acres, more or less, in Dade County, Model Lands Basin Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. Allen Milledge, attorney representing Mr. Michael Simonhoff, one of the property owners, said this property has been in his client's family for a long time. He said the family will ask the state to name the property after the family. He asked that the Board support such a designation. Board members agreed. 40. Approve the purchase of land interests containing 50.66 acres, more or less, in Dade County, Model Lands Basin Project and C-111 North Project Governing Board Regular Meeting January 1:5. 1998 Page 12 Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Carter to approve the purchase of land interests containing 50.66 acres, more or less, in Dade County, Model Lands Basin Project and C-I 11 North Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. 41. Approve Acquisition Agreement with the Board of Trustees of the Internal Improvement Trust Fund and SL Lucie County for the joint purchases of lands with the Hutchinson Island/Blind Creek CARL, Indian River Lagoon Save Our Rivers Project Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Minton to approve Acquisition Agreement with the BOard of Trustees of the Internal ImprOvement Trust Fund and SL Lucle County for the joint purchases of lands with the Hutchinson Island/BHnd Creek CARL, Indian River Lagoon Save Our Rivers Project, using District land acquisition procedures. (Contract Number C-9322). Motion approved. 42. Consider acquisition of SOR lands. Mr. Rinaldi said staff has nothing to report under this item. End of Public Hearing Chairman Williamson closed the public hearing. Board Members agreed to consider item 47 at this time. REGULATION DEPARTMENT 47. Authorize initiation of rulemaking and approve the publication draft of amendments to Rule 40E-1.607, F.A.C., Permit Application Processing Fees. (Docket Number 98-01) Ms. Terrie Bates, Director, Regulation Department, presented information on this item. A copy of the material used in her presentation is included in the official record of this meeting. Ms. Bates said the District is increasingly seeking additional revenue sources to help fund and implement state mandated programs. She said in September 1997, the Board authorized staff to begin the process to increase permit fees through publication of the Notice of Rule Development. She said the fee revisions will provide the District with additional revenue. Ms. Bates said public workshops were held to gain input. She said policy issues raised by the public include concern over compliance costs and the burden of increased fees on agriculture. Ms. Bates presented a summary of the proposed fcc schedule, which included current fee, current fee plus 13.5 percent, and current fcc plus 50 percent compliance and 13.5 percent Consumer Price Index. Governing Board Regular Meeting Sanuary 15. 1998 Page 13 Mr. Graham expressed concern that the rule not adversely and unfairly impact small farme=. Mr. Machek said he docs not support this action. He said the rule will advemely impact agriculture and is not a fair process. Ms. Carter said the District should move forward with this issue. She said she supports the second fee summary schedule, current tee plus 13.5 percent. Motion by Ms. Carter to authorize initiation of rulemaking and approve the publication draft of amendments to Rule 40E-1.607, F.A.C., Permit Application Processing Fees (current fee plus 13.5 percent with no compliance fee). (Docket Number 93-01). Motion approved. Aye - Chairman Williamson, Ms. Carter, Ms. Singer, Mr. Hammond, Mr. Pettis, Mr. Berger, Mr. Minton. Nay - Mr. Machek, Mr. Graham. 43. OMBUDSMAN'S REPORT Mr. Williamson said staff has nothing to report, under this item. BOARD COMMENT Mr. Berger reported on the Governor's Commission for a Sustainable South Florida. He said the commission is trying to get ali interested parties to participate in the process. Mr. Berger reported on the Florida Keys National Marine Sanctuary Steering Committee. itc said there are significant wastewater and stormwater issues in the Keys. Mr. Hammond reported on the Environmental Advisory Committee. He said the committee held a technical briefing on Best Management Practices (BMP's), and expressed concern about reperting the success of BMP's out of context. ECOSYSTEM RESTORATION DEPARTMENT 44. Everglades Construction Project Update Mr. Joseph A. Schweigart, Director, Everglades Construction Project, presented the update. A copy of the material used in his presentation is included in the official record of this meeting. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 45. Approve and adopt a resolution authorizing stat to file eminent domain proceedings Mr. Charles R. Rinaldi, Deputy Director-Land, Construction & Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. C;oveming Board Regular Meeting .lanuary ! 5. 1998 Page 14 Motion by Mr. Graham to approve and adopt a resolution authorizing staff to file eminent domain proceedings in Circuit Court for the acquisition of Tract Number BCB 100-153, containing 0.6 acres, more or less, as described in Exhibit "A", located in Collier County, Big Cypress Basin, Cocohatchee Canal Phase 3 Improvements ProjecL Motion approved. 46. Approve an Application for Federal Assistance and Grant Agreement Stormwater Treatment Area 1 East wi~ the U. $. Department of the Interior for thc purchase of land interests containing approximately 4,938 acres, more or less, in the Stormwater Treatment Area 1 East project, in the amount of forty.six million dollars ($46,000,000), and authoriz~ the Executive Director, or his designee, to execute the Application and Grant AgreemenL Mr. Rinaldi asked that this item be deferred until February 1998. Board Members agreed. PLANNING DEPARTMENT 46A, Lower East Coast Water Supply Plan Update Mr. John Mullikcn, Sr. Planner, Lower East Coast Planning Division, Planning Department, presented the update. A copy of thc material used in his presentation is included in the official record &this meeting. Ms. Singer asked that a discussion be scheduled for the February 1998 Board Retreat on the level of staff resources that will be allocated in the future to assure the reliability of the draft plan. She asked that staff schedule a joint meeting with Broward County officials on the plan. Ms. Rosa Durando, Audubon Society of the Everglades, said the issue of drainage and water supply cannot be separated. She said there are requirements in the U.S. Army Corps of Engineers Environmental Impact Statement for the C-51 Basin that are totally unreasonable, but will have to be implemented by the District. Ms. Durando urged the District to comment to the USACE on the issue of 30-year permits. REPORT FROM THE EXECUTIVE DIRECTOR 48. Water Management Highlights Mr. Poole presented the highlights. A copy of the material used in his presentation is included in the official record of this meeting. 49. Governing Board Follow-up Items Mr. Poole noted that follow-up items are included as part of the Governing Board back-up material. 49A. Water Conditions Report Mr. Kent Loflin, Senior Consulting Engineer, Executive Office, presented background information on the event. A copy of the material used in his presentation is included in official record of this meeting. 16G 1; Governing Board Regular Meeting Sanuao' ! 5, 1998 Page 15 Mr. Tommy Strowd, Director, Operations, Operations & Maintenance Department, presented an overview of the recent rain event. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Eric Swanz, Staff Meteorologist, Operations & Maintenance Department, presented a report on the El Nino weather phenomenon. A copy of the material used in his presentation is included in the official record of tl'.,s meeting. Mr. Alan Hall, Director, Ecosystem Restoration Department, presented information on guidelines for management of high water levels in Lake Okeechobee. A copy of the material used in his presentation is included in the official record of this meeting. AFTERNOON AGENDA APPROVAL: 2:00 P.M. Additions, Deletions, Substitutions Chairman Williamson noted the following changes handed out as additional backup to Item 52 of the Afternoon Consent Agenda: PERMIT APPLICATIONS Surface Water Management Pines 200 Plaza and Church Property (page 1, paragraph 1): Includes conservation easement to the District, approval subject to no objections by January 22 Hunter's Creek Far West Village North Pham II (page 10, paragraph 1): Approval subject to no objections by January 29 Orange Lake Country Club 18 Hole Golf Course (page 10, paragraph 3): Postponed to February 12 Board Smith Dairy West Plat 6 (page 13. paragraph 7): Includes Conceptual Ap?'oval Modification, approval subject to no objections by January 23 Water Use Palm Beach Aggregates (page 13, paragraph 4): Transferred to Discussion Agenda Item 55 (c), approval subject to no objections by January 27 Environmental Resource East Fork and Manatee Creeks Stormwater Management (page 6, paragraph 1): Approval subject to no objections by Januaxy 29 Amaralto Concrete (page 7, paragraph I ): Approval subject to no objections by January 29 Governing Board Regular Meeting Sanuary i:5. 1998 Page 16 16G Costa Corporate Center (page 7, paragraph 2): Approval subject to no objections by January 26 Summit Doral Phase 2 (page 8, paragraph 4): Approval subject to no objections by January 27 SR 60 Mitigation (page I I, paragraph 2): Approval subject to no objections by January 29 Palm Beach Aggregates (page 12, paragraph 3): Transterred to Discussion Agenda Item 55 (b), approval subject to no objections by January 27 Mitigation Banking Denial FMTC Dade County (page ! 8, paragraph I): Withdrawn Petitions Village of Tequesta (page 22, paragraph 1): Postponed to February 12 Board Boca Lago Country Club, Inc. (page 22, paragraph 2): Postponed to February 12 Board Memorandum of Understanding Hendry County, (page 23, paragraph 1): Added. execute a Memorandum of Understanding between SFWMD and Hendry County to operate water control structures in the Mid-county Municipal Service Benefit Unit in anticipation of or in response to defined emergency triggers Emergency Order Martin County (page 24, paragraph 1): Added, concur with the Executive Director's extension of Emergency Water Use Authorization and Order necessary to protect the public health, safety, and welfare authorizing Martin County to extend the timeframes concerning the activities set forth in SFWMD Order 97-102 DAO-WU to February 12, 1998 In addition, the following changes were made to the Afternoon Discussion Agenda: Item 55. (b) (c) Permit No. is 50-00281-S Permit No. is 50-01629-W Abstentions Mr. Berger abstained on item 51, new Right of Way Occupancy permit application for Florida Power and Light (page 1. paragraph 5). new Right of Way Occupancy permit application for Florida Department of Transportation (page 2, paragraph 11), and item 52, Surface Water Manag,:ment permit modification application for Savanna Club Corporation (page 16. paragraph 1), and Environmental Resource permit application for Florida Department of Transportation (page 16, paragraph 2). Mr. Graham abstained on item 51, new Right of Way Occupancy permit application for Florida Dairy Farms Association, Inc. (page 3, paragraph 13). Governing Board Regular Meeting Sanuary 1:5, ! 998 Page 1'7 16G Pull Items for Discussion No items were pulled. Motion to Approve Afternoon Consent Agenda Motion by Ms. Singer to approve the Afternoon Consent Agenda. Motion approved. AFTERNOON CONSENT AGENDA: REGULATORY MATTERS The following items were approved as part of the Aftentoon Consent Agenda: 51. Consideration of Consent Agenda for Governing Board approval which includes Construction and Land Management items: Right of Way Occupancy Permit AppliCations Right of Way Occupancy Permit Modifications Right of Way Occupancy Permit Applications for Waiver of District Criteria Denials 52. Consideration of Consent Agenda for Governing Board approval which includes Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (includes Conservation Easements) Environmental Resource Permit Applications (includes Conservation Easements) Everglades Works of the District Permit Applications Lake Okeechobee Works of the District Permit Applications Denials Surface Water Management Permit Extensions Consent Agreements Petitions for Administrative Hearing Mr. Richard Tuttle, representing the Village of Royal Palm Beach, said the city is ready to assist the Indian Trail Water Control District with their stormwater discharges and thanked the Board and staff for their assistance. End of Afternoon Consent Agenda Board Members returned to consideration of the Morning Discussion Agenda. 50. Update on Litigation Ms. Barbara Markham, General Counsel, presented the update. She said the Board will participate in a closed door attorney-client session to discuss 1T v SFWMD, and Barley, et al. v SFWMD. Ms. Markham reported on Martinez v SFWMD. She said this is an employee termination case, which the District has won at the Circuit Court of Appeals level. Governing Board Regular Meeting -$anuaryl~.1998 Page 18 Ms. Markham reported on three other cases under appeal, Wemer v SFWMD and Davis v SFWMD. which she said were won in court, but were appealed, and Basore v SFWMD, which was lost in court, but was appealed by the District. Chairman Williamson re-opened the public hearing. 50A. Consider adoption of amendments to Rule 40E - 7.653, F.A.C., pertaining to M/WBE certification eligibility. (Docket Number 98-3) Ms. Carolyn Williams, Director. Office of Supplier Diversity and Outreach, said staff will continue receiving public comment on the proposed rule until February 1998. She said the rule will be brought to the Board for adoption in February. Chairman Williamson cio?ed the public hearing. AFTE~OON DISCUSSION AGENDA: REGULATORY MATTERS Statement of Permittability 53. Concur with the "Statement of Permittability" (prepared in accordance with the "Expedited Permitting Memorandum of Agreement" between the District and the Governor's Office of Tourism, Trade and Economic Development) for the World Expo Center/Osceola Trace project in Osceola County. Ms. Terrie Bates, Director, Regulation Department, presented information on this item. A copy of the material used in her presentation is included in the official record of this meeting. She said staff recommends that the Board concur with the statement of permittability. Ms. Carter expressed concern that the area is already heavily impacted by development. Ms. Bates said the statement has no binding effect on the District. Motion by Mr. Graham to concur with the "Statement of Permittabillty" ('prepared in accordance with the "Expedited Permitting Memorandum of Agreement" between the District and the Governor's Office of Tourism, Trade and Economic Development) for the World Expo Center/Oseeola Trace project in Oseeola County. Motion approved. This item was deleted. Governing Board Regular Meeting Sanuary 15. 1998 Page 19 16G STATUS REPORT 54A. Status report on Peacock Pond regulatory enforcement case (Section 21, Township 44 South, Range 41 Fast, Palm Beach County). Mr. John J. Fumero, Deputy General Counsel, Office of Counsel. presented the report. A copy of the material use'i ,a his presentation is included in the ( Ificial record of this meeting. Mr. Fumero said a hearing has been scheduled within one week. He said staff hopes to get a court order allowing immediate rehabilitation action on Peacock Pond. Mr. Michael Tammaro, attorney representing Palm Beach Polo, thanked staff for its efforts on this issue. Palm Beach Aeere~ates, Inc. f/k/a GKK Corp. 55_..:. fa.) Execute a Consent Agreement between SFWMD and Palm Beach Aggregates, Inc. involvin? settlement of an enforcement action regarding unpermltted construction of surface water mana~,ement works and dewatering activities at the GKK Mining Facility (Sections 17, 20, 27-29, 32-34, Township 43 South, Range 40 East~ Palm Beach County). (b.) Aporove Apolication 971205-7 for modification of Environmental Resource Permit No. 50- 00281-S. (c.) Approve Application 971117-6 for modification of Water Use Permit No. 50-01629-W. Ms. Tcrrie Bates, Director, Regulation Department, presented information on this item. A copy of the material used in her presentation is included in the official record of this meeting. She said staff recommends approval. Mr. Gary Brandenberg, Palm Beach Aggregates Inc., said his company looks forward to working with staff on this issue. 166 ! Governing Board Regular Meeting January 1:5. 1998 Page 20 Motion by Ms. Singer to: (a.) Execute a Consent Agreement between SFWMD and Palm Beach Aggregates, Inc. involving settlement of an enforcement action regarding unpermitted construction of surface water management works and dewatering activities at the GKK Mining Facility (Sections 17, 20, 27-29, 32-34, Township 43 South, Range 40 East, Palm Beach County). Approve Application 971205-7 for modification of Environmental Resource Permit No. 50- 00281-W. (c.) Approve Application 971117-6 for modification of Water Use Permit No. 50-01629-S. Motion approved. Recommended Order 56. Consideration of 1) the Administrative Law Judge's Recommended Order of Dismissal concerning a third party challenge to SFWMD's intent to issue an Environmental Resource Permit for Wellington Commons a/k/a the Forest Hill Mall; and, 2) timely filed Exceptions to the Recommended Order of Dismissal and Responses thereto, if any; regarding DOAH Case 97- 2860, Norma Perdue v. T.J. Palm Beach Associates, Limited Partnership and South Florida Water Management District Chairman Williamson noted that Mr. Pcttis, vice-Chairman, will conduct this portion of thc meeting. Mr. Greg Goldfarb, attorney representing Ms. Perdue, said the challenge filed by his client charges that too much water is already being sent to the C-51 canal, and that this permit will add to that. Mr. Goldfarb said his client was mislead by staff when her representative was told that the petition was filed too late. Mr. Goldfarb said the recommended order by the Heating Officer imposes a serious injustice to his client by dismissing the challenge, denying an opportunity to challenge the conceptual permit, and by assessing his client for attorney's fees in this case. He recommended that the Board allow his client the opportunity to challenge the conceptual permit, and refrain from assessing attorney's fees. Mr. Lee Worsham, attorney representing T.J. Palm Beach Associates, said construction of this project has been stalled for eight months by a petition that is obviously frivolous. He said the petitioner should be required to pay the attorney's fees for his client. Mr. John J. Fumero, Deputy General Counsel for SFWMD Staff, said the record in this case bears out that the petitioner and her counsel were given every reasonable opportunity to participate in this process. Ms. Barbara A. Markham, General Counsel representing the Governing Board, said the Hearing Officer made a finding that Ms. Perdue was not mislead by staff in this cas,~. She said the Board could enter its view that the Hearing Officer should consider the chilling effect on public participation if attorney's fees are assessed in this case. She suggested that Mr. Worsham discuss dropping the assessment of attorney fees with Mr. Goldfarb. 1 6G · Governing Board Regular Meeting lanuary 1 ~. 1998 Page 21 Mr. Goldfarb said his client is not willing to enter into such a discussion, and is not willing to settle this case. Ms. Markham recommended that thc Board deny the petitioner's exceptions to the Recommended Order, adopt the Administrative Law Judge's Recommended Order, remand the case to the Division of Administrative Hearings for an evidentiary hearing with the recommendation that reasonable attorney's fees and costs be as low as possible, and affirm that ERP permit 50-03763-P is in full force and effect. Motion by Mr. Graham to approve the recommendation as presented by Ms. Markham. Motion approved. Ms. Lonna Giles, a Wellington resident, said she supports Ms. Perdue in this case. She said the Board has a responsibility to protect the public in this case. She said there is a serious problem in the area with flooding and the permitted activity will add to the problem. Board Members adjourned and reconvened in Chambers to consider the following items: 57_.:. 58.._:. Attorney-Client Session pursuant to Fla. Stat. Section 286.011 (8)(1993) to discuss settlement negotiations or stratetv related to litigation expenditures tn Barley, Mullins~ WermeiL Reed, et. Al. V. SFWMD Attorney-Client Session pursuant to Fla. Stat. Section 286.011 (8)(1993) to discuss settlement negotiations or strategy related to litigations expenditures in IT Corporation v. SFWMD. End of Afternoon Agenda ADJOURNMENT There being no further business to come before thc Board. the meeting was adjourned at 5:00 p.m. South Florida Water Management D stnct FIN 12 February 6, 1998 TDD (561) 697-2574 Clerk of Courts Collier County Circuit Court Finance Dept. 2671 Airport Rd., Court Plaza Ill Naples, Florida 34112 Dear Clerk of Courts: Pursuant to FLORIDA STATUTES 189.415(2), 189.418 (3)(a),(b) and (c), and 189.418(4), the following documents are enclosed: I. The Comprehensive Annual Financial Report and related Management Letter for fiscal year ended September 30, 1997 2. A list &the District's scheduled Governing Board meetings 3. A map &the District which shows all county boundaries within the District 4. Public Facilities Report Update. Per instructions of the Department of Banking and Finance, the Annual Local Government Financial Report is no longer being submitted because the District is a component unit of the State of Florida Department of Enviromnental Protection. In order for us to keep our mailing list current, we would appreciate knowing ifwe have addressed you correctly as shown above. Please note any changes and return this letter (or a copy) along with any questions or comments on the enclosed information to me at the address noted on the letterhead. Sincerely, o en . Gray Director of'Accounting and Financial Services RNG/pnb Enclosures Governing Board: Frank Williamson, Jr.. Chairman Eugene K. Pertis, Vice Chairman Mitchell W. Berger Vcra M. Carter William E. Graham William ! lammond Richard A. ,Mad,ok .Michael 1). Minton Miriam Singer Sam,el E. l',.,le III, Executive l),rc, Michael Sla~t,,n. i)c~u? Executive 16G ! 1997 SCHEDULE OF REGULAR GOVERNING BOARD MEETINGS January 15 January 16 February 12 February 13 March 12 March 13 April 9 April 10 May 14 May 15 June 11 June 12 July 9 July 10 August 13 August 14 September I 0 September 11 September 23 October 8 October 9 November 12 November 13 December l 0 December 1 ! Governing Board Workshop 9:00 am Governing Board Meeting/Regulatory Meeting 8:30 am/2:00 pm Governing Board Workshop 9:00 am Governing Board Meeting/Regulatory Meeting 8:30 am/2:00 pm Governing Board Workshop 9:00 am Governing Board Meeting/Regulatory Meeting 8:30 am/2:00 pm Governing Board Workshop 9:00 am Governing Board Meeting/Regulatory Meeting 8:30 am/2:00 pm Governing Board Workshop 9:00 am Governing Board Meeting/Regulatory Meeting 8:30 am/2:00 pm Governing Board Workshop 9:00 am Governing Board Meeting/Regulatory Meeting 8:30 am/2:00 pm Governing Board Workshop 9:00 am Governing Board Meeting/Regulatory Meeting 8:30 am/2:00 lam Governing Board Workshop 9:00 am Governing Board Meeting/Regulatory Meeting 8:30 am/2:00 pm Governing Board Workshop 9:00 am Public Hearing on Tentative FY 98 M//lages & Budget 5:15 pm Governing Board Meeting/Regulatory Meeting 8:30 am/2:00 pm Public Hearing on Final FY $8 Mil/ages & Budget 5:15 pm Governing Board Workshop 9:00 am Governing Board Meeting/Regulatory Meeting 8:30 am/2:00 prq Governing Board Workshop 9:00 am Governing Board Meeting/Regulatory Meeting 8:30 am/2:00 pm Governing Board Workshop 9:00 am Governing Board Meeting/Regulatory Meeting 8:30 am/2:00 pm District Construction Projects 1 6G"'l", District Construction Projects 16G 1~ FY 98 CAPITAL PROGRAM CONSTRUCTION PROJECTS CONSTRUCTION & LAND MANAGEMENT DEPARTMENT 16G 1' SOUTH FLORIDA WATER MANAGEMENT DISTRICT FY 98 CAPITAL PROGRAM - CONSTRUCTIION PROJECTS PROJECT COUNTY FY98 LOCATION BUDGET DISTRICT WATER RESOURCE MANAGEMENT PROGRAM P S Hardening/Renovations, Ph. II PC03-L65 PC03-L63S PC01-L61 PC05-L65 S-6 & S-131 Fuel Containment S-8 Electrical Systems Upgrade S-9 Backflow Gate Replacement S13A Repair S-71 Gate Operator Replacement S-5A East. West & South Gate Automahon S-29 Service Bridge Repmrs G79 Replacement G74/G75 Gate Replacement WPB Canal Improvements Cocohatchee Canal Ph, III A Improvements Cocohatchee Canal Ph. III B Improvements Cocohatchee Canal Ph, III Bridge Replac. CR951 Canal Improvements Cocohatchee Ph II1, Structure No. 3 Lucky Lake Control Structure Broward, PB Martin Okeechobee Glades Martin Glades, PB Palm Beach Broward Broward Glades Palm Beach Dade St. Lucre Glades Palm Beach Collier Collier Collier Collier Collier Collier TOTAL 150,000 350,000 470,000 180,000 250.000 75,000 215,000 330,000 150 000 270 000 350 000 50 000 350 000 75 000 315 000 1,222,000 975,000 887,000 13,350 750,OO0 250,000 $7,677,350 ANTICIPATED BID NOTICE July-98 June-98 July-98 July-97 April-98 April-98 July-98 July-98 June-98 May-98 June-98 January-98 July-98 May-98 August-98 December-97 December-98 December-98 FY 2000 April-98 TBD FUNCTIONAL SUPPORT SERVICE PROGRAM - FACILITIES & BUILDING IMPROVEMENTS Kissimmee Field Statmn ADA Modifications Osceola 25,000 April-98 Field Operation Center Building Renovations - Belvedere B-1 Emergency Operations Center B-1 Roof Repair B50 East End A/C B50 Replacement Palm Beach 150,000 Janua~-98 Palm Beach 100,000 January-98 Palm Beach 1,100,000 January-98 Palm Beach 50,000 Janua~.98 Palm Beach 180,000 November-97 Palm Beach 50,000 May-98 TOTAL $1,855,000 DISTRICT-WIDE RESOURCE MANAGEMENT PROGRAM{DEVELOPMENT OF PUBLIC USE FACILITIES Public Use Facilities (Everglades Buffer Strip) Broward 214,169 September-98 Shingle Creek Pedestrian Bridge Lake Russell Environmental Center Rd. Johnson Island Restoration Dupuis/Corbett Water Control Structure Marion Creek Bridge Replacement Orange 10,000 July-98 Osceola 100,000 August-98 Polk 300,000 May-98 Palm Beach 250,000 TBD Polk 120,000 July-98 TOTAL $994,169 Note: Everglades Construction Projects (ECP) are not included in this list. SUMMARY FY 98 CONSTRUCTION PROJECTS DISTRICT WATER RESOURCE MANAGEMENT PROGRAM P.S. Hardening/Renovations, Phase I! Pump Station S-6 Ventilation and Renovations The project includes ventilation work, painting, repairs to existing handrails, caulking, installation of fixed pane windows, demolition, masonry cutting and patchwork, shuttering of windows and other miscellaneous work. The shuttering will consist of manually operated accordion shutters in accordance with the schedule shown on the drawings. All shutters shall be designed and installed in accordance with the South Florida Building Code, 1994 Edition for Dade County including all impact load requirements. The S-6 Pump Station is located on the Hillsboro Canal between Levees 6 &7 PC03-L65 This project is located in Martin County and consists of replacement of seven 72" x 74' culverts with 96" risers. These culverts need to replaced because the risers condition is considered poor and exhibited approximately 50% to 75% metal loss at the splash zone PC03-L63S This project is located in Okeechobee County and consists of replacement of nine 72"x 68' culverts with 96" risers The culverts need to be replaced because the condition is considered to be poor and exhibited almost 100% metal loss at the splash zone. PC01-L61 This project is located in Glades County and consists of replacement of four 72"x 70' culverts. These culverts need to be replaced because the condition is considered to be poor and the culverts exhibited considerable metal loss. The bid opening took place in August 1997 and construction is schedule to commence soon after easement finalization These PC sites have been identified by Operations and Maintenance as priority replacements and have been inspected by Construction and Land Management Department during FY 95 and 96 as part of the Culvert Inspection Program. The projects play two primary roles as part of the Central and Southern Florida Flood Control Project, drainage and water supply. Failure of'a project culvert could result in over drainage of wetlands, or inhibit the ability to water supply. Under our charter, the District i.~ responsible to maintain the project culverts. PC05-L65 Replacement The District's Structure Inspection Program identified significant corrosion of flashboard risers and complete metal loss of riser runners at the water line. Pipe corrosion was also identified. Additionally, erosion and shoaling blocking the culverts has resulted in reduced culvert capacity. This project consists ofthe in-kind replacement of five 72 inch diameter, 74 foot long corrugated metal pipe culverts and their associated risers 1'96 feet long), with the objective of restoring full flow capacity to the structure and maintainin~ flood protection Construction of a temporary by-pass road is included in the scope o~' this project Total project costs were estimated at $250,000 as part of the Structure Inspection Program. S-6 & S-131 Fuel Containment This project is a part of the phased replacement ofthe fuel storage tanks at various District locations Currently, the fuel storage tanks at the above referenced locations are single walled steel tanks with a containment area. The containment area is an earthen diked enclosure The diked area is lined with thick plastic sheeting a polyurethane coat Over the years, the coatings have deteriorated, as result periodic repairs have to be performed to maintain the integrity ofthe containment area. The replacement program will involve the replacement of the single walled steel tank with a double walled tank A double walled tank will contain any spills and will be equipped with alarms The replacement tank will meet current regulatory requirements and will reduce the risk of spill. During the current year, we anticipate the replacement ofexisting tanks at S-6 and S- 131 pump stations. S-8 Electrical Systems Upgrade This project involves the replacement of the electrical load centers, at Pump Station S-8 and S-6 These units have been in service for over 30 years and are deteriorating Insulation is cracking and continued operation could pose a safety problem. These electrical systems provide essential electrical power distribution and failure of the load centers would disable the pump stations. The budget for this project is $215,000 S-9 P.S. Backflow Gate Replacement This is the third year ora long-term plan to replace the backflow gates for the pump units at the District's pump stations. Prior projects included the replacement/repair of backflow gates at Pump Stations S-7 and S-8 by contract and Pump Station S-SA by in- house District staff. This project involves the replacement of three gates at Pump Station S-9. The cost to replace the gates at S-9 was estimated to be $305,000. This was based on bid prices from S-7/S-8 gate replacement. The backflow gates are necessary to prime the pumps for pumping operations. They also are needed to prevent backflow during high tailwater conditions. The existing gates in service now are over 30 years old and are deteriorating. The plats and welds of the gates are corroded and the seals are in poor condition. The failure of a backflow gate could render the pumping unit non-operational. S-13A Repair The water control Structure S-13A is a four barreled corrugated metal pipe culvert located on the C-11 canal (South New River Canal) approximately five (5) miles upstream from Pump Station S-13 and approximately i0 miles downstream from Pump Station S-9 in Broward County. Control is affected by electrically operated sluice gates on a steel frame head structure on each culvert. The end of thc most northern pipe. at the steel frame head connection, has buckled causing the sluice gate to be inoperable. This project consists of removing the northern most sluice gate and steel frame head to replace the buckled end section ofthe culvert pipe S-71 Gate Operator Replacement This project involves the replacement of the tandem stem lift type gate operators with a cable and drum assembly, speed reducer, and electric motor Some of the existing equipment is over 30 years old and parts are hard to find Replacement with the new system would also alleviate an existing problem ofgate binding, which causes damage to the operating platform. S-5A E~V/S Gate Automation This project consists of the automation of the existing gate operators to allow for both automatic and remote gate operation at S-SA East, West, and South. Specific project components include the installation of a pre-cast concrete building complete with mechanical/electrical components for telemetry, electrical service, and stilling wells Note that this project is a component of the Everglades Construction Project and in order to meet the deadlines contained in the Everglades Forever Act. project components must move forward on schedule Total project costs were estimated at $350.000 as part of the Everglades Construction Project. S-29 Service Bridge Repairs The Service Bridge is in need of various repairs. The work done during this project included crack and spalling repairs to the concrete in the bridge deck (top and bottoml and abutments. All concrete work is above the waterline. The damage is severe enough to warrant a reduction in the load capacity of the bridge. As of this date, the bridge carries only foot traffic but might be needed for auxiliary, equipment such as a crane for gate removal, etc. G-79 Replacement This project involves the replacement of G-79. a triple barreled corrugated metal pipe culvert located at the junction of C-23 and C-24. Control is provided by flashboards mounted on a riser pipe on the west (C-23) end of the culverts. This structure is in deteriorated condition and needs to be replaced. This structure is used to control stage in the C-23 between G-78 and G-79. It adds flexibility to the system by allowing transfers 16G 1 of water from C-23 to C-24 when the western portion of the C-23 basin exceeds its optimum levels, lhis structure also provides transfer of water during the dry season /he budget for this project is $350.000 G-74/G-75 (;ate Replacemen! The work on this project includes replacement of the existing llashboard risers with a variable fixed crest weir. lhe existing system is ineffective, as it requires excessive manpower and time to operate Adjustments made to the system during emergency conditions consume significant resources that are needed elsewhere The new system will be comprised of two slide gates, which would provide variable weir heights West Palm Beach Canal Improvements The West Palm Beach Canal Improvements is a maintenance dredging project that will restore the West Palm Beach Canal to its original Corps of Engineers design section Three reaches of this canal have been identified for clean out by contract; however, the third reach at the Chemairspray site is questionable due to a hazardous waste concern Operations & Maintenance work forces have completed the maintenance dredging of six reaches of this canal. The first reach to be contracted out is located just west of pump station S-5A. and it is approximately 8.000 linear feet in length The second reach is located west of the Chemairspray site and is approximately 35.000 linear feet in length. Land acquisition and/or construction easements will be necessary for storage of the canal spoil material The West Palm Beach Canal Improvements were identified as one of the canals to undergo maintenance dredging by the Multi-disciplined Task force that conducted the five year Canal Conveyance Capacity program Cocohatchee (;anal Phase iliA Excavation This project is a part of the overall Cocohatchee Canal Watershed Improvement Plan to upgrade the water management facilities for reduction of overdrainage and enhancement of flood control and water supply potential. Recurring flooding in the North Naples/Bonita Springs area in the [mperiaI-Cocohatchee Watershed. continued overdrainaue from the wetlands and the sensitive environmental areas of the corkscrew Regional Ecgsvstem. and resulting water supply issues prompted the Big Cypress Basin to undertake imprgved water management measures. The present configuration of the canal and road crossings cannot provide the required flood protection level of service from a 25-year. 3-day design storm event. The proposed project is recommended to avert the above problems, particularly to enhance flood control measures to safeguard public welfare and safety. The purpose of this contract. C-8004. is to enlarge the canal cross sections in a 2.5 mile segment of the Cocohatchee Canal and to make improvements to some of the drainage features along the canal from Structure Number 2 to the proposed location of Structure !6G 1 Number 3 The cost estimate for this work is S1,222.000 The anticipated bid advertisement date is December 1997 Cocohatchee Canal Phase ill B Excavation This project is a part of the overall Cocohatchee Canal Watershed Improvement Plan to upgrade the water management facilities for reduction of overdrainage and enhancement ol' flood control and water supply potential. Recurring flooding in the North Naples/Bonita Springs area in the ImperiaI-Cocohatchee Watershed. continued overdrainage from the wetlands and the sensitive environmental areas of the corkscrew Regional Ecosystem. and resulting water supply issues prompted the Big Cypress Basin to undertake improved water management measures The present configuration of the canal and road crossings cannot provide the required flood protection level of service from a 25-year. 3-day design storm event The proposed project is recommended to avert the above problems, particularly to enhance flood control measures to safeguard public welfare and safety The purpose of this contract. C-9022. is to enlarge the canal cross sections in a 2 5 mile segment of the Cocohatchee Canal and to make improvements to some of the drainage features along the canal east of the proposed location of Structure Number 3 The cost estimate tbr this work is $975.000. The anticipated bid advertisement date is Januar3, 199o Cocohatchee Canal Phase Ill Bridge Replacements This project is a pan of the overall Cocohatchee Canal Watershed Improvement Plan to upgrade the water management facilities for reduction of overdrainage and enhancement of flood control and water supply potential. Recurring flooding in the North Naples/Bonita Springs area in the lmperiaI-Cocohatchee Watershed, continued overdrainage from the wetlands and the sensitive environmental areas of the corkscrew Reuional Ecosystem, and resulting water supply issues prompted the Big Cypress Basin to undertake improved water management measures. The present configuration of the canal and road crossings cannot provide the required flood protection level of service from a 25-year. 3-day design storm event The proposed project is recommended to avert the above problems, particularly to enhance flood control measures to safe~ard public welfare and safety The purpose of' these contracts is to replace six undersized canal crossings in order to provide the required conveyance in the canal. Three bridges were constructed in FY97 and three additional bridges are planned for replacement. The cost estimate for the three remaining bridges is $900,000. The anticipated bid advertisement date is January 1999. CR 951 Canal Improvements The northern segment of the CR 951 Canal between the Golden Gate Main Canal and CR 846 was adopted as works of the Basin effective FY 1994. The original CR 95 i Canal had txvo water control structures with v-notches. However, one structure was removed due to the relocation of the canal required as a part ofthe four lane improvements to the road, and .1.6G the other structure was removed to make room for the utility crossing of the North County Water Treatment Plant The CR OS1 Canal provides storm water management for the urban and semi-urban areas of Golden Gate, as well as sources of recharge to the nearby water supply well fields of Golden Gate City. : Facilities for control of the canal flow will enhance its water management functions This canal carries substantial amottnts of excess tlows from tile ('ocohatchee Canal Watershed The northern two-mile segment ofthe canal is very shallow as it was not dredged below the sunqcial rock outcrops In addition, there are numerous culvert crossings with small pipes that significantly reduce the hydraulic conveyance capacity. A feasibility study is propo~,ed in FY 1998, design is proposed in FY 1999, and construction is anticipated to start in FY 2000. The purpose of this contract will be to enlarge the canal cross section and replace several undersized canal crossings. The cost estimate for this project is $3,000,000. The anticipated bid advertisement date is in FY 2000 Cocohatchee Canal Phase ill, Structure No. 3 This project is a part of the overall Cocohatchee Canal Watershed Improvement Plan to upgrade the water management facilities for reduction of overdrainage and enhancement of flood control and water supply potential. Recurring flooding in the North Naples/Bonita Springs area in the [mperial-Cocohatchee Watershed, continued overdrainage from the wetlands and the sensitive environmental areas of the corkscrew Regional Ecosystem, and resulting water supply issues prompted the Big Cypress Basin to undertake improved water management measures. The purpose of this contract, C-8024 is construct a water control structure in the Cocohatchee Canal to prevent overdrainage in upstream areas and improve water supply. while maintaining the required level of flood protection. The cost estimate for this project is $750,000. The anticipated bid advertisement date is April 1998. Lucky Lake Strand Control Structure The Lucky Lake Strand is a major wetland feature with approximately 3.000 acres of cypress swamp, mixed swamp, wet prairies and marshes in central Collier County. This wetland forms the head waters of the Men'itt Canal, an important tributary of the Faka Union Canal system. It provides a unique habitat for a number of wildlife species and constitutes a part of the Florida Panther National Wildlife Refuge. Continual overdrainaue by the Merritt ('anal degraded the habitat values of the area and reduced dry season aquifer recharge. The existing water control structure on the Merritt Canal is not capable of providing the desired level or water management functions to the head waters region lying north of 1-75 The purpose of this contract, C-7013, is to construct a new water control structure in the Merritt Canal to provide improved water management capabilities in the Merritt Canal and Lucky Lake Strand. The cost estimate for this project is $2.50,000. FUNCTIONAL SUPPORT SERVICE PROGRAM FACILITIES & BUILDING IMPROVEMENTS Kissimmee Field Station ADA Modifications The District completed its Americans With Disabilities (ADA) program in FY97 except for one small FYgg restroom modifications project at the Kissimmee Field Station. Field Operations Center (FO(;) The objective of the Field Operations (;enter is to centrally locate personnel with field- related responsibilities at a site immediately adjacent to the District West Palm Beach Field Station Typical functions of personnel include water quality sampling/monitoring, electronic data acquisition (including data recorder installations), well drilling operations and other related activities. The 5-acre parcel for the Field Operations Center was purchased by the District in August, 1997. An existing 6,400 SF office building and parking area occupies approximately I-acre of' the site. In conjunction with the existing building, a new building is planned to house elements of the Water Resource Evaluation and Ecosystem Restoration Departments. Total project build-out is estimated to have 46,000 SF of office/workshop/warehouse area with 230 parking spaces The Field Operations Center concept is also the first step in relocating non-office personnel and functions from the headquarters site in preparation of replacement of the B-50 Building. Project benefits include: · Relocation of personnel currently housed in B-50 · Provide additional space at HQ site for parking and offices with relocation of personnel and equipment. · Proximity to WPB Field Station and services offered (vehicle fueling, maintenance, etc.) will increase overall productivity. The District anticipates utilizing a design-build team to design and construct the project. Building Renovations Belvedere- FOC (Existing) This project will renovate the existing 6,400 SF office building at the recently acquired Field Operations Center site on Belvedere Road to suit District occupancy. Work will include ADA (Americans with Disabilities Act) improvements (first floor bathrooms.' building entry and parking spaces), dry wall partition relocation, painting, HVAC improvements, fencing, security and other related improvements. Elements of ESDA and WRE will occupy the building upon completion ofthe work. B-I Emergency Operations Center Addition and Headquarters Building B-,I Roof Upgrade The Emergency Operations Center (EOC) addition will be a self-contained and self- supporting structure designed for hurricanes with sustained winds up to 200 mph The addition will be constructed at the east end of'the B-I building, it will house South Florida 16G 1' Water Management District's critical facilities, such as the control room, central computer room, main phone switch, and map file room, as well as provide a base for response to hurricanes and other emergencies. Completion of the EOC will enclose the east wall of B-l, eliminating the need to upgrade this wall. This wall was originally meant to be a temporary. wall, and does not meet the latest wind code provisions for 120 mph standard used for B-! design. in conjunction with the EOC construction, the roofing of the B-I building will be upgraded to meet the latest code requirements for 120 mph winds. This will involve increasing roofing fasteners, and improved anchorage of roof-mounted equipment. Building B-50 IIVAC Improvements Existing air-handling units {AHUs) I and 2 {including their associated ductwork) are dilapidated and functionally obsolete, lhe existing AHUs serve the east portion of the B- 50 Building (approximately 6,000 SF of office space). These HVAC systems are in danger of failing in the near future and the replacement cannot be delayed until the B-50 Replacement Project is completed in approximately 4 years. Under this project AHUs I and 2 will be replaced along with their associated ductwork. B-50 Replacement Project The primary project objectives include replacement of obsolete buildings B-50 (107,000 SF), B-34 (13,000 SF), B-113 (5,000 SF) and related facilities with modern, efficient buildings. The project will provide several benefits: Replace aging, obsolete buildings with modern, energy efficient buildings (i.e. reduced operating costs) Provide facilities and site with South Florida architecture {more commercial and less institutional) which will improve the long-term asset value and marketability of the property. Reconfigure the site to optimize site utilization (i.e. improve ad. jacencies between buildings and reduce commuting distances) and to improve aesthetics of the site. Provide interior designs that maximize flexibility for occupancy changes and that enhance the functionality of interior spaces. The District anticipates utilizing a design-build team to design and construct the project DISTRICT-WIDE RESOURCE MANAGEMENT PROGRAM DEVELOPMENT OF PUBLIC USE FACILITIES Public L"se/SOR Facilities The Florida Resource Rivers Act specifically states that Save Our Rivers (SOR) lands acquired shall be managed and maintained in an environmentally acceptable manner and 16G 1 shall be made available to the general public for appropriate recreational purposes District acti~,ities directed at achieving this level of stewardship are divided into thc following categories' Stewardship Planning. Stewardship Functions and Implementation Strategies District efforts under the stewardship implementation revolve around three major areas (a) restoration. (b) maintenance, and (c) public use SOR properties and associated improvements planned in this activity for FY98 include: Shingle Creek Pedestrian Bridge - Improvements include a 200-foot long nature trail boardwalk to bridge an existing drainage relief swale located in the Shingle ('reek Swamp in southwestern Orange County Lake Russell Environmental Ed Center Road - Improvements anticipated include an improved entrance road and parking area off' South Pon Rd. to se~'e an Osceola County- provided environmental education facility. Public Use Facilities including Everglades Buffer Strip - Improvements anticipated include a public Everglades boardwalk located at the northend of the Everglades Buffer Strip. Browar(! County Previous public use projects on SOR Lands include Nicodemus Slough Boardwalk (Glades County). and Corkscrew Regional Ecosystem Watershed trail facilities (Collier County) Johnson Island Restoration This project is located in Polk County and is pan of the efforts of the Land Stewardship Division to restore the hydroperiod of lands purchased under Save Our Rivers Program. it mainly consists of filling ditches, excavating berms and installing a water control structure in order to better assist in restoring the hydroperiod of the site and return it to what is thought to be its natural drainage patterns. Dupuis/Corbett Water Control Structure The Dupuis/Corbett Water Control Structure is proposed to be placed within the road that separates Dupuis and Corbett. Since its installation, the roadway has blocked the natural flow of water from portions of western Corbett to the eastern side of Dupuis, leading to unnatural water levels in both management areas and maintenance problems with the road itself The structure will be designed to facilitate the flow of water from Corbett to Dupuis. ameliorating some of the seasonal water and land management difficulties that have been occurring in recent years. Marion Creek Bridge Replacement This project involves the replacement of a deteriorated wooden bridge in Polk County This bridge provides access to London Island. which is adjacent to Lake ltatchineha Continued access ,.,.'ill allow District Operations and Maintenance functions to continue and will permit access for the general public it is proposed that the new bridge be single 16G 1 span (OIl ft). prefabricated bridge unit installed on a standard bridge foundation Thc budget cost for this project is $120,000 '~South Loop Microwave Building tlardening, Phase 3 'the South l.oop Microwave System. constructed in 1976. consists of 16 interconnected microwave communication sites. This multi-year project consists of the replacement and/or hardening of all 16 South Loop Microwave System control buildings with pre-fabricated concrete buildings of approximately 280 square feet each. Also included in the scope ofthis project is the installation of a new grounding system to meet current code requirements and District standards The existing microwave buildings will remain intact Therefore. consmtction t,f the new microwave buildings can proceed without disruption to service ,,\t~er contract completion, the Electronics Division will relocate the electronics equipment from the existing to the new microwave buildings, resulting in minimum interruption of service for this essential communications system. Phase III of this project will replace ten microwave control buildings and eight microwave towers The total cost estimate for this phase of the project is $2,8 mil. Phases I and Il totaled S610.000 Federal Emergency Management Agency (FEMA) reimbursements totaling about .'5870.000 have been identified. FEMA requires demolition ofold buildings at previously completed sites, which will be accomplished through purchase orders at a total cost of about $24.000 Therefore. total District costs after FEMA reimbursements total approximately $2,564.000. Previously. phase I provided new microwave control buildings at the Clewiston Field Station. FAES. S-5A and ACME and phase II hardened the B-66 microwave control building at the headquarters complex Also. the Ft. Lauderdale Field Station project provided a new building and tower at that site, The anticipated bid notice date is March 1098 *Note: l-his project was added to FY 98 work load due to FEMA deadlines, but funding is not indicated in the FY98 Capital Program 16G 1 PICTORIAL HIGHLIGHTS OF MAJOR PROJECTS Americans With Disabilities Act (ADA) $450,815 Improvements. District-Wide Modifications to various District facilities to accommodate the physically challenged. 16G 1 Pump Stations S-140 Repowering $232,907 Replacement of existing pump engines with new engines previously acquired by the District. 16G Cocohatchee Structure//2 (Big Cypress Basin) $913,945 Second of a series of structures on the Cocohatchee Canal in Naples to prevent both saltwater intrusion and overdrainage of natural preserve areas upstream. 16G L-8 Levee (DuPuis Reserve) $1,492,482 Construction included 8 miles of earthened levee along with 3 control structures along the south end of the DuPuis State Reserve Forest. 16G 1 S-68A Tailwater Weir $878,873 Construction of a weir downstream of S-68 on the C-41 Canal. The structure and weir are located at the discharge point of Lake Istokpoga. !6G 1_ S-65DX Culvert Replacemem$115,895 Replacement of twin-barreled (66 inch diameter) culverts across a tie-back levee in the Kissimmee River Basin, Pool D Area. 16G S-13 Pump Station Renovations $1,155,600 Replacement of engines and upgrade of buildings and fuel storage facility. ~We t Palm each ield tation 'n ~vve t~_~._Pal___.m~e!d ..tat ,-.uu~Lru.cu.on oI a ce.mral~zed machine shop facility to serve the specialized machinery needs of the D~strict field stationg and pumping stations. 16G 1 Rke~~~.el ....ta' . dj, t' n $1,651,000 eno.v, anon o.t. ~.uilctmgs, s~te drainage, and stormwater retenUon faeiliUes. 1_6§ ~ Lake Jackson 'Control Structure $641,947 Construction of a new water control structure on the Lake Jackson outlet canal. A joint effort with the Florida Game and Fish Commission. PC-49 Replacement $343,656 ReplaCement of a ten barrel c~vert stru,:'ture in western St. Lucie County. ..North Loop Communication.q System $1,996,209 Modification of 4 towers and installation of 7 new microwave towers, including buildings. Fuel Storage Tank Replacement $1,310,658 Replacement of 4.2 la. rge aboveground fuel storage tanks throughout the Dzstmct. 16G 1 L-35B Culvert Ret~lacement $400,309 Replacement of three culverts with sluicegates on Levee 35B. 16G 1 Fuel Facility Up~ades $203,388 Installation of electronic fuel inventory/monitoring systems and retrofitting of gasoline dispensors for vapor recovery at locations in Dade, Palm Beach, Hendry, Okeechobee and St. Lucie Counties. Ratner Bridge~ $498,765 Construction of a dual lane highway bridge over the L-30 canal in Dade County. 16G 1 Deerfield Lock (G56) $5,426,151 Replacement of an aging spillway on the Hillsboro Canal. Cocohatchee #1 (Big Cypress Basin) $557,000 Construction of a salinity control structure at the west end of the Cocohatchee Canal. D2-7 $516,759 The D2-7 Water Con. trol Structure was built to help control water levels m the East Naples area. G-54 Sewell $2,597,747 Construction of a flood/salinity control structure at the North Ni~w River Canal, Broward County. This project included the restoration of an historic boat lock which was built in 1915. 16G 1', S-6 Repowering $2,468,000 Installation of 3 new 1,250 h.p. diesel engines to repower the S-6 pump station in the Everglades Agricultural Area. 16G 1 G-57 Pompano Canal Structure $756,392 Replacement of the Canal Structure with a modernized structure for enhanced flood control. G-97 Coral Gable.~ $933,568 Construction of a new flood control structure in the Coral Gables area of Dade County. 16G 1' 16G COMPREHENSIVE ANNUAL FINANCIAL REPORT SOUTH FLORIDA WATER MANAGEMENT DISTRICT A Component Unit of the State of Florida Fiscal Year Ended September 30, 1997 Prepared By Accounting and Financial Services Division Robert N. Gray, Director INDEPENDENT AUDITORS Arthur Andersen LLP I - $()UTH FI,ORIDA WATER MANAGEMENT DISTRICT COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER ~0. 1997 TABLE OF CONTENTS INTRODUCTORY SECTION ILE~ER OF ~ANSMI~AL ....... ~ ................................................................................................................ I-I: Financial Ovcmiew .................................................................................................................................. l- Management's Responsibilities ............................................................................... ; ................................ I- I Il REPORT COM POSITION ............................................................................................................................... I-2 MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCES ................................................... !-2 Dual Reporting Levels ............................................................................................................................. I-3 Constfiidatcd Finmcial Position ............................................................................................................... I-. Cm~s(fii(latcd Operating Results ........................................................................................................ 2 ...... I-6 SUMMARY FINANCIAL STATEMENTS ................................................................................................... i-9 Summa~ Bal=ce Sheet .......................................................................................................................... !-9 S u m m a~ Statement of Revenues, Expend limes and ~ges in Unex~nd~ Fund B fl ~ces .............. I- 10 Summa~ Statement of C~h Hows =d Chmges in C~h =d lnvesmenu ........................................... I-I ! Summa~ Statement of Ch=gus in Net ~ves~ent in Capital Asmm .................................................... l-12 Notes to S'umma~ Hn~cial Statemen~ ................................................................................................. !-13 HISTORICAL AND CUR~NT SE~NG ................................................................ !-16 District Background ................................................................................................................................. I- 16 Gm, emancc and M=agcment .................................................................................................................. 1-16 Boundaries and Locations~ ....................................................................................................................... I-17 REVIEW OV TIlE REGIONAL ECONOMIC CONDI~ON AND OUTLOOK .................................... I- i'~q~ulati~m Tremls .................................................................................................................................... !- I Ec~momJc Anal sis Y ..................................................................................................................................... MISSION AND MAJOR INITIATIVES ........................................................................................................ 1-19 Fh~od C~mtml ........................................................................................................................................... Water Management Planning ................................................................................................................... I-19 Rceional Rcsmrat on .......................................................................................................................... I-2 I INTERNAl.. ('ONTROLS ................................................................................................................................. !-23 Principles t}{' Fimmcial Management ........................................................................................................ 1-23 Ih;dgct Adoption ired Consols ................................................................................................................. !-23 Acomnlin~ Controls ................................................................................................................................ 1-23 V Audit ('m~lrols .......................................................................................................................................... i-23 AX A RI)S ............................................................................................................................................................. !-24 ('crtiticatc {~1' Achievement fi~r Excellence in Financial Reposing ......................................................... 1-24 I)i~tinguished Budget Presentation Awed I Award tot Outstanding Achievement in Popul~ Annual Financial Repo~ing .......................................!-24 Award fi~r Excellence in Financial Management ..................................................................................... 1-25 ACKNO\Vi.[~DGEMENTS ............................................................................................................................. 1-25 FINANCE STAFI: ....................., ........................................................................................................................ !-25 ORGANIZATION CHART - LIST OF PRINCIPAL OFFICIALS ............................................................. !-26 GFOA CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING .................................................................... !-27 TABLE OF CONTENTS (Cnntinued)) I Ill 1 FINANCIAl. SEC. TION ~]xhihil~ l'age REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS ............................................... II-I C.mhincd Balance Sheet - All Fund ~pcs ami Account Groups ...................... A- I .............................. 11.2 C.mhincd Statement of Revenues, Expenditures ~d O~gcs in Fund Balmcc - All Governmental Fuml %'pcs ............................................ A-2 .............................. !1-4 Combined Statement of Revenues, Expenditures ~d Ch~ges in Fund Bal~ce. All Governmental Fund ~'pcs - Budget and Actual ........... A-3 .............................. II-h Statement of Revenues, Expenses ~d Changes in Retained Earnings - Proprieta~ Fund %'po - Internal So.icc Fund ........................................... A4 .............................. 11-9 Statement of Cash Hows - Proprieta~ Fund ~pc - Internal Service Fund ............................................ A-5 .............................. II-lO Notes to thc Fin~cial SlalcmcnLq ............................................................................................................ II- I COMBINING, INDIVIDUAL FUND AND ACCOUNT GROUP FINANCIAL STATEMENTS AND SCHEDULES General Fund ............................................................................................................................................ !11-2 Comparative Balance Sheet .......................................................................... B- I .............................. Ill.'~ Statement of Revenues, Expenditures ,'md Changes in Fund Balance- Budget and Actual ..................................... B.2 .............................. III-.~ Special Revenue Funds ............................................................................................................................ III Comhining Balance Sheet ............................................................................ C-I .............................. lil- C.mhining Stalcrnent of Revenues, Expenditures and Changes in Fund Balance ....................................................................... C-2 .............................. 111-12 Statement of P. cvcnues. Expenditures ;tlld Changes in Fund Balance - Budget alld Actual Okcechohec B~sin ............................................................................ C-3 .............................. III- 14 Big Cypress Basin ........................................................................... C-4 .............................. iil-17 Surhce Water Improvement Save Our Rivers ............................................................................... C-6 .............................. 111-2{} Dep~m]ent .f Environmental l'r. lection-Aquatic Plant C(mtml ... C-7 .............................. 111-2 I Army Corps of Engineers--Aqua~ic Phml Control .......................... C-8 .............................. 111-22 Rorida Power & Light Mitigation ................................................... C-9 .............................. 111-23 Orlando Bellway Mitigation ............................................................ C- I0 ............................ 111-24 Wetlands Mitigation ....................................................................... C- I I ............................ !11-25 Indian River Lag(~m Restoration ................................................... C- 12 ............................ 111-2h Everglades Contributions ................................................................ C- 13 ............................ 111-27 Intcnnodal Surface Trmsponation m~d Enh~cement Act .............. C-14 ............................ 111-28 All Special Revenue Funds ............................................................ C-15 ............................ 111-29 Capital Project Funds ............................................................................................................................... 111-3 I Cmnhining Balance Sheet ........................................................................... D-I .............................. !!1-~2 ('~m~hi.ing Statcmcm of Revenues, Expcmliturcs alld Changes in Fund Balance ...................................................................... D-2 .............................. 111.34 TABLE OF CONTENTS (Continued) FINANCIAL SECTION (continued} Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual District ............................................................................................. D-3 .............................. III-36 Okeechobee Basin ........................................................................... D-4 .............................. III-37 Big Cypress Basin ........................................................................... D-5 .............................. III-38 Save Our Rivers ............................................................................... D-6 .............................. III-39 Everglades Trust Fund ..................................................................... D-7 .............................. III-40 Federal Emergency Management Agency .......................................D-8 .............................. III.42 Horida Bay ...................................................................................... D-9 .............................. III-43 All Capital Projects Funds ............................................................... D-10 ............................ III-44 Schedule of Activity by Revenue Source and Project Element Everglades Trust Fund ..................................................................... D- 11 ............................ III.45 Agency Funds ........................................................................................................................................... 1II.46 Combining Balance Sheet ............................................................................ E- 1 .............................. III.47 Combining Statement of Changes in Assets and Liabilites .......................... E-2 .............................. II148 Generfl Fixed Assets Account Group ...................................................................................................... III-49 Comparative Schedule of General Fixed Assets by Source ......................... F-1 .............................. III-50 Schedule of General Fixed Assets - by Function and Activity ..................... F-2 .............................. III-51 Schedule of Changes in General Fixed Assets - by Function and Activity.. F-3 .............................. III-52 General Long-Term Liabilities Account Group ....................................................................................... III-53 Comparative Balance Sheet .......................................................................... Gol .............................. III-54 Comparative Statement of changes in General Long-Term Liabilities ....... G-2 .............................. III-55 Schedules of Special Obligation Land Acquisition Bonds Series 1993 ............................................................................................. Go3 .............................. III-56 Series 1995 ............................................................................................. G.4 .............................. III-57 Series 1996 ............................................................................................. G-5 .............................. III-58 STATISTICAL SECTION DEMOGRAPHIC INDICATORS Annual Percentage Increase in Population .......................................................... H-1 .............................. IV-1 Annual Rainfall ................................................................................................... H-2 .............................. IVo2 Residential Water Use ......................................................................................... H-3 .............................. IV-3 Unemployment Rates .......................................................................................... H-4 .............................. IV-4 Per Capita Income ............................................................................................... H-5 .............................. IV-5 Assessed Value of Taxable Property ................................................................... H-6 .............................. IV-6 Assessed Property Value Per Capita ................................................................... H-7 .............................. IV-7 Assessed Taxable Property Value Changes by Component ................................ H-8 .............................. IV-8 Employees Per I00.000 Population .................................................................... H-9 .............................. IV-9 REVENUE INDICATORS Revenues Per Capita ........................................................................................... I-I ............................... IV-10 Revenues by Source ............................................................................................ I-2 ............................... IV-! I Property Tax Revenues ....................................................................................... Io3 ............................... IV-12 Property Tax Revenues - Principal County Taxpayers ........................................ 14 ............................... I% 13 TABLE OF CONTENTS (Conn'nued)) STATISTICAL SECTION (continued} District Property Tax Rate ................................................................................... I-5 ............................... IV-14 Basin Property Tax Rates .................................................................................... I-6 ............................... IV-15 Investment Yields ................................................................................................ I-7 ............................... IV. 16 EXPENDITURE INDICATORS Expenditures Per Capita ...................................................................................... J- l ............................... IV- 17 Major Expenditure Class Distribution ................................................................ I-2 ............................... IV- 18 Expenditures by Major Object ............................................................................ I-3 ............................... IV. 19 Expenditures by Function ................................................................................... .I-4 ............................... IV-20 OPERA'IENG INDICATORS Ratio of Net Change in Governmental Fund Balances to Revenues .................. K-1 .............................. IV-21 Ratio of Governmental Fund Balances to Revenues ........................................... K-2 .............................. IV-22 Ratio of Unreserved Governmental Fund Balances to Revenues ....................... K-3 .............................. IV-23 Current Ratio ....................................................................................................... K-4 .............................. IV-24 DEBT INDICATORS Net Debt Per Capita ............................................................................................ L-1 .............................. IV-25 Ratio of Net Debt to Assessed Value .................................................................. L-2 .............................. IV-26 Ratio of Debt Service to Total General Governmental Expenditures ................. L-3 .............................. IV-27 Debt to Capital Asset Ratio ................................................................................. L-4 .............................. IV-28 WORKLOAD INDICATORS Permit Applications Received ............................................................................. M- 1 ............................. IV-29 Water Moved by District Pump Stations ............................................................. M-2 ............................. IV-30 Save Our Rivers Land Acquisitions .................................................................... M-3 ............................. IV-31 Water Management Lands Trust Fund Activity .................................................. M-4 ............................. IV.32 Preservation 2000 Trust Fund Activity ............................................................... M-5 ............................. IV-33 Land Acquisition Trust Fund Activity ................................................................ M-6 ............................. IV-34 DISCLOSURE SECTION S.E.C. RULE 15c2-12 DISCLOSURES District Agreement and Effective Dates .................................................................................................. V-I Annual Financial Information Security for the Bonds .............................................................................................................................. V-2 Documentary Stamp Tax .......................................................................................................................... V-2 Funding and Allocation of the Trust Fund ............................................................................................... V-3 Documentary Stamp Collections and Debt Service Coverage ................................................................. V-3 Use of the Trust Fund ............................................................................................................................... V-3 Escrow and Reserve Funds ...................................................................................................................... V-4 Annual Debt Service Requirements ......................................................................................................... V-4 Audited Annual Financial Statements ...................................................................................................... V-5 Required Notices ...................................................................................................................................... V-5 Historical Documentary Stamp Tax Collections and Debt Service Coverage .... N-I .............................. V-6 Water Management Lands Trust Fund - District Account .................................. N-2 .............................. V-7 TABLE OF CONTENTS (C,,,,ti,,,,ed) 1 6 ~ 1t ~ I M ANAGEMENT LETTER v~.~ FEDERAL ,~INOLE A ~IDIT v~-~ i SCItEDULE OF STATE FINANCIAL ASSISTANCE v~l-~ I i ! I INTRODUCTORY SECTION ', 16G [ South Florida Water Management District ! 1 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-$800 · FL WATS 1-800-432-2045 TDD (561) 697-2574 i ! I I I i I I ! I I i i I I I I . TO: (;OVERNIN(; BOARD MEMBERS AND SAMUEL E. POOLE III, EXECUTIVE IHREC'rOR SUB.IECT: C(}MPREHENSIVE ANNUAL FINANCIAL REPORT. FY 1997 This Comprehensive Annual Financial Report (commonly called the "CAFR") relates our complete financial position and results of operations for the fiscal year ended September 30. 1997. it includes all entities and funds for which the Board is financially accountable. FINA NCIA L 0 VER VIEW Our total Iinancial position at September 30 reports Assets approximating $1.4 billion primarily composed of capital assets ($1.1 billion) and investments (S338.8 million). · Liabilities of SI74.3 million including bonds payable of 587. I million. Net cquit.v of $1.3 billion that includes our $971 m~llion net investment in capital assets plus uncxpcnded lunds of 5287.6 million. Operating rcsult.s for )'car ended September 30 were Revenues totaling S316.6 nfillion primarily c~m~poscd of $191.3 million (60.4cj) from taxes and $9c..9 million (30.Oq,.} from State and Federal source,,,. Expenditures of $294.7 million including $134.6 million for capital and capital management and $16(I. I million for operating ;.tlld re.x()urc0 Inallagenlent, /VIA NA GEMENT'S RESPONSIBILITIES Responsibility for the integrity, objectivity. accuracy, completeness and fairness of presentation ~1' these financial statements rests with managemem. The General Purpose Financial Statements and individual fund statements were Gx'erning Board' Frank William~on. Jr.. Chairman Vera 15,1. Carter Eugene K. Per:is. Vice Chairman William E. Graham Mitchell W. Berger William Hammond prepared in conformity with generally accepted accounting principles (GAAP) for governmental entities. To our knowledge, the information is accurate in all material respects and fairly presents our financial position and operating results. The report includes disclosures required to provide an understanding of our financial affairs. Thc District maintains a system of internal accounting controls designed to provide Ca) reasonable assurance that assets are saleguarded against loss or unauthorized use and (b) reliable financial records for use in preparing financial statements and for maintaining accountability of assets. The concept of reasonable assurance is based on recognition that thc cost of an internal control system must not exceed the benefits. Arthur Andersen LLP. independent auditors, have audited thc financial statements in accordance with generally accepted auditing standards and included a review of internal accounting controls to thc extent necessary to express an opinion on the fairness ol these financial statements. ~es D. Yag~-...~ '~ ~)ircctor..',lanagemcnl Services Department E. Barrett Atwood. Sr. Director of Finance Robert N. (;ray .,,,~. Director. Acc(ranting & Financial Sen'ices Division December 12. 1997 I-1 Richard A. Machek Samuel E. Poolc Ill, Executive Director Michael D, Minton Michael Slayton, Deput3,., Executive Director .Miriam Sinl~er SOUTH FLORIDA WATER MANAGEMENT DISTRICT REPORT COMPOSITION Thc organization, form. and contents of this Comprehensive Annual Financial Report conform to generally accepted accounting principles (GAAP) of the Governmental Accounting Standards Board (GASB) and the guidelines prescribed by the Government Finance Officers Association (GFOA). It contains five (5) major sections. I - INTRODUCTORY SECTION that provides Management's discussion and analysis of the dual reporting levels of our financial statements. and highlights of our consolidated financial position and operating results; Summary Financial Statements and Notes to the Summary Financial Statements; The District;q historical and current setting that summarizes our statutory creation, governance and management plus our boundaries and locations: A review of the regional economic condition and outlook noting population trends and general economic conditions: A summary of our mission and the major initiatives of the past year and major activities in the future: A brief overview of our Principles of Financial Management, budgeting and accounting controls, audit committee oversight, and audits: and · A recognition of financial management awards received by the District. II - FINANCIAL SECTION that contains the Report of the Independent Certified Public Accountants. and General Purpose Financial Statements including Notes to the Financial Statements. III - SUPPLEMENTAL FINANCIAL INFORMATION SECTION includes detail financial statements of individual operating and capital funds plus statements and schedules of fixed assets (including infrastructure) and outstanding District debt. These are grouped as follows: · Combining Financial Statements. · Individual Fund Financial Statements. and · Account Group Statements and Schedules. IV - STATISTICAL SECTION presents ten year trends of data in charts, graphs and narrative for the following indicators: · Demographic. · Revenue. · Expenditure. · Operating. · Debt. · Workload. V. DISCLOSURE SECTION that presents annual financial information and operating data for ali outstanding bond issues (the "Annual Information") consistent with Rule 15c2-12 of the Securities and Exchange Commission. This section also makes a positive statement regarding the nonoccurrence of the material events during the year. MA tVA GEMENT'S DISC USSION A ND ANALYSIS OF FINANCES This summary continues the District's financial accountability to the Governor, Legislature. taxpayers, citizens, special interest groups and other users of our financial statements. It gives a brief. objective and nontechnical overview of changes in our financial position and operating results for the year ended September 30. We urge reading this discussion and analysis with our financial statements. I-2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 16{ 1 DUAL REPORTING LEVELS Our financial reporting approach displays the financial statemcnls from two reporting levels: · District-wide level and · Individual fund level. The District-wide level consolidates the financial operations of all funds into a single set of statements. The objective is to illustrate our total financial position and operating results. This enables users to focus on the "big picture" of our total financial position and performance without having to consider the activity of individual funds. Thc individual fund level presents more detailed financial activity of our general, special revenue. capital and internal service funds. The objective is to analyze the amount and flow of the financial resources of individual funds during the past year. This detailed review also displays legal budgeta/3' compliance of each fund. CONSOLIDATED FINANCIAL POSITION The Balance Sheet presents a picture of our financial position at our fiscal year end, September 30. It reveals our resources balanced against debt and residual interest in the items we own. It contains three components: 1) Assets, the items we own or control: 2) Liabilities, the debts we owe: and 3) Equity, the residual interest in the items we own or control after deducting our liabilities. Thc following discussion analyzes several components of our Balance Sheet for the past fiscal year in comparison with the prior five years. (The Statistical Section of the Comprehensive Annual Financial Report makes these and other comparisons for the past ten years.) Cash and investments balances increased significantly in recent years. The Statement of Cash Flows and Changes in Cash and lnveslments shows major sources and uses of cash during the year. The increase results from the accumulation of excess revenues to fund capital purchases in the nexl few )'ears, primarily for the Everglades Construction Project. Major construction beginning in 1998 will result in significant cash needs. This project will reduce capital-related cash balances by approximately $61 million from current levels. The following table reflects year-end cash and investments balances and the annum interest income, rates of return and comparison of that yield to related benchmark yields. CASH AND INVESTMENTS / INVESTMENT YIELDS $ Millions Cash and Investments Interest Income District Average Y:ekl Benchmark Y~elcts: State Money .Market Fund 6-.Mont. h Treasu ties -Year 'Freasu ries 2-Year Treasuries 199~ $176.1 $9.4 4.98°/o 4.750'0 4.01% 4.20°'0 5.05% 1993 $191.1 S8.8 4.09% 3.67% 3.15°/0 3.43% 4.130'o 1994 $200.1 $9.1 4.10% 3.75% 3.99% 4.42% 5.17% 1995 $246.2 $14.2 5.69% 5.51% 5.70% 6.24% 6.56% 1996 $293.2 $16.7 5.75°/0 5.43% 5.28% 5.47% 5.72:,'0 1997 $338.8 $18.3 .-- ,-~. 9 0/ 550% 5.37% 5.63% 6 00% I-3 [[[ ][[ [[ ] I I I [ I [ I III [[ [ [ [ III SOUTH FLOglOn WATER MAN^GEM£NT D s'rnicr Investment maturities are limited to five years. We match maturities to operating and capital needs. As a result, the dollar-weighted average days to maturity of investments ranged from 3 to 18 months during the year depending on the timing of receipts and projected cash needs. Only a few investments exceed two years. Investment policy complies with Florida Statutes. Permitted investments are direct investments in U.S. Treasury securities. U.S. Agency obligations. repurchase agreements fully collateralized by U.S. Treasury securities, and the Local Government Surplus Funds Trust Fund administered by the State of F'iorida as a money market fund (State Money Market Fund). Our policy does not allow borrowing to leverage investment balances. Liquidity expresses the current position or relationship ("current ratio") between our current assets and current liabilities. The greater the current ratio is more than 1' 1. the stronger our liquidity and our ability to meet current obligations and unexpected disbursement needs. Our current ratio of 5.79:1 shows a strong cash position and sufficient cash and future cash items available to pay current obligations. This ratio compares to 6.32:1 in the prior year. The difference is primarily due to an increase of about $16 million in accounts payable at year end. 1 $400 - S347- S316 5259 5198 $209 $216 8.1 55 ~.-J $35O $3OO $250 $150 $5O $0 $2OO $100 16 14 1992 1993 1994 1995 1996 1997 12 10 4 2 0 CURRENT LIQUIDITY RATIO ~ Current Assets I~ Current Liabili~s ~ Ratio I II I SOUTH FLORIDA WATER ~VIANAG£M£NT DISTRICT I I I I I I I I I I i I I I I I Net Capital Assets (total capital assets less capital debt) increased by $119 million during the year to $971 million at September 30, 1997. The purchase of environmentally sensitive land accounted for most of this increase. This land acquisition program is primarily funded through thc continued availability of State revenues from the District's share of the Water Management Lands Trust Fund and the Preservation 2000 Program. $1.200 9.4 7~"~' ~ 6'~/ ,,~2_ $712 S727 $'783 $833 $941 $1,05~ $ i .000 $~00 $600 $-~00 $200 SO 1992 1993 1994 1995 1996 1997 12 10 DEBT TO CAPITAL ASSET RATIO ,4 2 r"-'q capital Asse'.s m Outstanding Debt --.e-.-Debt Io Capilal Ralio 0 Debt Management Policies maintain a modest debt level as noted in the above chart. A partial debt refinancing in 1993 resulted in a slight increase in thc debt to capital asset ratio. In April 1996, we issued $35 million of added debt based on the planned level of capital expenditures in the next five years and Iow interest rates in 1996. This resulted in the large increa.~e in the debt to capital asset ratio. The District's Principles of Financial Management limit this ratio to 30%. well above the level for any added debt financing. There are no current plans for issuing long-term debt. However, with the statutory schedule for completing the Everglades Construction Project. about 5;6 million in short-term financing appears necessary in 1999 to be repaid in the following year. This projection is based on preliminary construction cost estimates and primary revenue sources (i.e., agricultural privilege tax and 1/10 mill ad valorem tax) continuing through the end of the construction period in 2005. Outstanding bonds mature through 2015 with 44% of the principal scheduled for repayment in the next 10 years using a level debt service structure. All outstanding debt represents special obligation land acquisition bonds secured by a share of statewide documentary stamp tax collections. The District has no general obligation bonds authoEzed or outstanding. Our credit rating remains at Aaa for these insured bonds. 2~ )'J ] f F} DEBT SERVICE REQUIREMENTS ['---] Interest ~ Principal Percenl t' rinc ipa I ('()NS()I.II),VI'EI) ()I'I;I{A'FIN(; RESt:I.TS 5~l..dCrlwlH ,~1 Rc~.;llllI.',,. l'~xpcndlluro, and ~n I ncxpC/hlCd .'Uthl Balance~ pr:scnls Ih~' the f)~lr~d'~ financial a~tiv~ties Ahh~mgh ,mpar,~bl,' t,, the ~rk ,~mt ,tatemenl u~ed b> pri~ ale lhl, sl,llOfllt:lll ;I, k~)Ulll~ h,r x~tlrces ;lilt/ Itl/Ids ;t~, ,pp, ,,c,I ,, the Ineaxure~lenl ,,1 I.',xc, Thc 5lalC llClll ~I RC~CIIUc~. [~xpc[idll]Jr;:s ahd ('hange~ m I'nexpended Fund ,}tlr U%' ,q Ih{,,(' IUlh],: i.tlhl · Chang.., ni Une',:pei|,.I,.d I:-und ;',alan,..', Thc change in tile unexpended Iund Nllam. e ~, a kcx link 1~) the balance .<heel ,;ncc il display5 lilt' ~dent,cal balan,.'c ..\n analysis ol thc various c{m~p.nenls ol our Statement ol Re,.enues. Expenditures alld ('.'hal~gc,, m Une,:pended Fund Balance~, mr the pa~,l lb,, al *.'ear in c-nlparis~m ;Ailh Ih? prior livc 5'ears Re~,enues t)l $~ 1~,.~, Illi]Jitql h',r lU'9'* IIIcrc,.l,,cd bx I S¢)UTH FI.ORID^ WATER MANAG£MENT DISTRICT MAJOR CONSOLIDATED REVENUE SOURCES $ Millions Revenue Source 1992 1993 1994 1995 1996 1997 Property Taxes $124.8 $125.8 $139.4 $158.7 $177.3 $191.3 63.8% 64.8qc 67.59 65.7c~ 61.9~ 60.4 c/,. Intergovernmental S41.2 $44.9 $49.3 S6,..,_ $85.6 $94.9 21.0% 23.2c~ 23.99 25.8c~ 29.99 30.0~ Interest $9.4 $8.8 $9.1 $14.2 $16.7 $18.3 4.8% 4.6% 4.4% 5.89 5.8c~ 5.8~ Permits $2.1 $2.8 $2.5 $4.9 $3.6 $6.8 1.1% 1.4% 1.2% 2.09 1.39 2.1 9 Oth,:r $18.1 $11.7 $6.3 $1.9 $3.3 $5.3 9.3 9 6.09 3.0% 0.79 1.1% 1.7c~ Tot:ti $195.6 $194.0 $206.6 $241.9 $286.5 $316.6 I I I I I I i I I I 1 i I I I I I Property Tax revenue of $191.3 million represents 60c~ of the District's total revenue this year. This continues to be the District's largest and most stable revenue source. An increase of $14 million in tax revenues in 1997 over that of 1996 is attributed to increases in both the tax rate and the assessed property value. The tax rate increased from .647 mils in 1996 m .672 mils in 1997. Assessed property v',.dues increased from $267 billion in 1996 to .¢,2~,0 billion in 19't7. Intergovernmental revenue, the second largest revenue source f309), increased by $9.3 million this year. This increase was primarily due to receipt of re,hieS from the Department of Transportation Alligator Alley excess toll revenues ($17 million) and the Federal Farm Bill ($30 million). O:her revenue increases of $2 million this >'ear included an insurance settlement of $910,000 for the District helicopter destroyed in a crash and a refund of over $1 million from 1996 medical insurance premiums. Pcrmit.s revenue almost doubled the 1996 mount $6.8 million this year. This significant increase was primaril.~ due to a $3 million increase in wetlands mitigation permits. The adopted revenue budget for fiscal year 1998 totals 5341.5 million. Included in this amount is intergovernmental revenue to support land acquisition and restoration initiatives. We estimate the Everglades Construction Project to cost more than $700 million over the next 20 years. Costs will be shared between the District, State and Federal governments, and the agricultural community. In order to meet the revenue needs of new projects and responsibilities, the District increased the tor, d millage rate for the Okeechobee Basin by 3.7c/, and that of Big Cypress Basin by 16.6% above 1997 rates. This tax increase is expected to generate $8. I million to fund critical restoration projects, water resource development projects and Big Cypress Basin capital improvement projects. Expenditures increased by approximately $14 million 1'4.9%) from 1996 to $294.7 million in 1997. Land acquisition and restoration for the Everglades Construction Project cominues to be a high priority. For the past two years, about 40% of the District's total expenditures was invested in land purchases for Everglades restoration and other capital asset acquisition. Technical. outreach and administrative costs show a stead>' increase over the past five years. Expenditures in 1997 increased by 20.9c~, over that of 1996. This increase reflects the District's c fIorts at environmental education and development of partnerships with other levels of government, other I-7 agencies and the public to help support the water management needs of the region. The District has frozen the number of approved full- time permanent positions at 1.651 for the past three 5'ears. Performing our duties with the same number of positions is especially challenging considering our actMties and responsibilities have grown significantly during this period. Leased workers are being used to meet some of the demands of new projects. Leased positions are temporary and funded on a project to project basis. Full-time positions are expected to remain at 1.651 in 1998 with leased workers increasing from 55 to 74. MAJOR CONSOLIDATED EXPENDITURE USES $ MILLIONS Expenditure Use 1992 1993 1994 1995 1996 1997 Operating and Resource Management Ecosystem Restoration $6.9 $10.4 $16.7 $21.0 Water Resource Evaluation $13.4 $16.7 $13.8 $17.8 $16.9 $14.5 Operations and Maintenance $38.8 $42.5 $43.1 $46.4 $51.2 $49.5 Regulation $8.4 $9.5 $10.1 $9.9 $7.9 $8. I Planning $13.3 $10.4 $9.3 $10.1 $10.3 $10.8 Technical/Outreach/Administrative $29.1 $35.5 $38.5 $38.6 $46.5 $56.2 Total Operating and Resource Management 75103.0 $114.6 $121.7 $133.2. $149.5 $160.1 % Of Total 60.3% 75.0% 63.0% 66.3% 53.2% 54.3ck Capital and Capital Management Construction & Land Management $15.0 $17.7 $14.1 $13.7 $15.4 $15.4 Land Acquisition & Restoration $48.2 ~ $15.0 $52.9, $47.8 $112.8 $113.0 Debt Service $4.6 $5.6 $4.4 $6.3 $3.2 $6.2 Total Capital and Capital Management $67.8 $38.3 $71.4 $67.8 $131.4 $134.6 % Of Total 39.7% 25.0% 37.0% 33.7% 46.8% 45.7% Total Expenditure Uses: $170.8 $152.9 $193.1 $201.0 $280.9 $294.7 % Change (5.5%) (10.5%)1 26.3% 4.1% 39.8ck 4.9c/r I Budgetary Compliance During fiscal year 1997. individual funds complied with their legal restrictions and resources were expended within the budgetary appropriations of each fund. The legal level of budgetary control is the main object group within a department. The major object groups are personal services, operating expenses, capital outlay, debt service and reserves. All departmental expenditures incurred for 1997 were within the legal level of budgetary control except for the following: Personal sea, ice expenditures exceeded the budget of the Big Cypress Basin Administration in the Special Revenue - Big Cypress Basin Fund by $11.205. Operating expenditures exceeded the budget of the Operations and Maintenance Department in the Special Revenue - Army Corps of Engineers Aquatic Plant Control Fund by $308.921. Interest and other fiscal charges expenditures exceeded the Debt Service budget in the Capital Projects - Save Our Rivers Fund by $37. These over expenditures were funded by available fund balance. I-8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT IIII SUMMARY FINANCIAL STATEMENTS SUMMARY BALANCE SHEET September 30. 1997 and 1996 ASSETS CASH AND NEAR CASH ITEMS Cash and Inve~lrnents Rece:vables. Net Inventories ~d Prepaid Expenses. at Cost Total Cash and Near Cash Items OTHER ASSETS Propers... Pl~t and Equipment Deferred Ch~ges Total Other As.xets TOTAl, ASSETS AVAILABI.E I.IABILITIES AND EQUITY CURRENT LIABILITIES DUE FOR PAYMENrF Accounts Payable and Accrued Expenses Deferred Revenue Current Pomon of Long-Term Debt To~ Current Liabilities Due For Payment [.ONC;-TERM LIABII.ITIES La~d Acquisition Bonds Payable. Ne~ of Current Portion Condemnations Payable Vacation and Sick Leave Payable Capital Leans Long-Term Insurance Liability Total Lo, g-Term Liabilities EQUITY - ASSETS IN EXCESS OF LIABILITIES Unexpended Fu nd.~ Re,fred For Operating Expenditures Reserved For Capital and Debt Service U nrmerved Funds Total Unexpended Funds Net Investment in Capital Asset~ Total Assets in Excess of Liabilities TOTAL LL.~.BILITIES AND EQUITY 1997 $338.825.939 7.713.801 1,352.494 347.892.234 1.058.069.698 26.874.721 1.084.944.419 $1.432.836.653 S49.622.750 6.905.701 3,530.000 60.058..151 83.545.000 13.692.500 1 !.642.000 1.672.221 3.657,104 14.208.825 84.294.134 199.989.914 3.290.631 287.574.679 970.994.698 i.258.569.377 $1.432.836.653 1996 S293.211.369 21.787.478 1.565.629 316.564,476 940.838.147 35,259.121 976.097.268 S1,292.661,744 L $33.626.991 14.694.119 1.735.000 50,056.110 87.075.000 23.231.091 10,448.000 774.121 4.445.874 125.974,086 77.943.360 182,118.234 4.541,807 264.603.40 I 852,028. ! 47 I.116,631.548 _ SI.292.661.744 SEE ACCOMPANYING NOTES TO THE SUMMARY FINtSuNCIAL STATEMENTS. I-9 SOUTI! F~.ORmA WATER MANAGEMENT D~s'rmcT SUMMARY STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN UNEXPENDED FUND BALANCES Years Ended September 30, 1997 and 1996 REVENUE SOURCES Taxe~ Intergovernmental Interest Permits ()ther TOTAL REVENUE SOURCES EXPEN'DITURF~q FOR SER'~qCES OPERATING AND RESOURCE MANAGEMENT Ecosystem Restoration Water Resource Evaluation Operations and Maintenance Regulation Planning Outreach Technical and Adminislrative Total Operating and Resource Management Services CAPITAL .AND CAPITAL MANAGEMENT Construction and Land Management Capital Outlay Debt Service Total Capital and Capital Management Services TOTAL EXPENDYI"URES FOR SERVICES CH.ANGES IN UNEXPENDED FUND BALANCES REVENUES IN EXCESS OF EXPENDITURES FOR SERVICES OTHER FINANCING SOURCE,q ProceSs of Bond Issuance Capital Lease Total Other Financing Sources REVENUES AND OTHER FINANCING SOURCES IN EXCESS OF EXPENDITURES FUND BALANCES AT THE BEGLNNING OF THE YEAR FUND BALANCES AT THE F~ND OF THE YEAR 1997 $191.314.489 60.4c~ 61 94.885.147 30.0~ 29.9~ 18.290.271 5.Sek 5.8~. 6.774.923 2.1 ~ 1.3e~ 5.334.386 1.7% l.lek 316.599.216 100.0% ! 00.0~ 20.988.210 7.1 q~ 6.0~ 14.494.535 4.9% 6.0~ 49.467.063 16.8~ 18.2~ 8.140.460 2.8% 2.8% 10.819.648 3.7% 3.7~ 14.357.316 4.9% 4.2% 41.820.164 14.2% 12.3% 160.087.396 54.4% 53.2% 15.426.816 5.2% 5.5 % 113.012.945 38.3% 40.2% 6.172.070 2.1% 1.1% 134.611.831 45.6% 46.8% 294.699.227 100.0~ I00.0~ 21.899.989 1.071.289 1.071.289 22.971.278 264.603.401 5287.574.679 1996 $177.317.694 85.597A89 16.724.086 3.652A38 3.254.386 286.546.093 16.754.189 16.911.368 51.162.958 7.902.315 10.271.592 I1.877.155 34.625.396 149.504.973 15.412.129 112.838.581 3.172.479 131.423.189 280.928.162 5.617.931 34.967.988 822.a70 35.790.458 41.408.389 223.195.ol2 $264.603.401 SEE ACCOMPANYING NOTES TO THE SUMMARY FINANCIAL STATEMENTS. I- I0 I I I I I I I I ! ! I I I I I I I I SUMMARY STATEMENT OF CASH FLOWS AND CHANGES I:N CASH AND INVESTMENTS September 30. 1997 and 1996 SOURCF_-~; OF CASH Total Revenues Increase (Decrease) in Deferred Revenue Decrease (Increase) in Receivables Net Proceeds From Bond Issuance Increase in Capital Leases TOTAL SOURCES OF CASH USE,q OF CASH Total Expenditures Increase in Accounts Payable and Accrued Expenses Decrease in Inventory and Prepaid Expenses (Increase) Decrease in Proprietary Long-Term Liabilities TOTAL USES ¢)F CASH CH.~GES 12q CASH AND I~VES'rMENTS Nc! Increase in Cash and Investments Cash and Investments at Beginning of Year CASH AND INVESTMENTS AT END OF YEAR 1997 S316.599.216 (7.788.418) 14.073.677 1.071.289 323.955.764 294.699.227 (15.995.759) (213.135) _ (149.139~ 278.341.194 45.614.570 293.211.369 _$338.825.939 1996 $286.546.093 10.312.133 (!1.147A62) 34.967.988 822.470 321301.222 280.928.162 (6.420~23) (64.750) 53.772 274.496.761 47.004.461 246.206.908 $293211.369 SEE ACCOMPANYING NOTES TO THE SUMMARY FINANCI.M. STATEMENTS. 1-11 SOUTH FLORIDA WATER MANAGEMENT DISTRICT SUMMARY STATEMENT OF CHANGES IN NET INVESTMENT IN CAPITAL ASSETS September 30. 1997 and 1996 16G I INCREASES IN CAPITAL ASSETS Land Purchases Other Capital Purchases and Increases TOTAL INCREASES IN CAPITAL ASSETS DECREASES IN CAPITAl. ASSETS Land Sales and Donations Oxher Capital Retirement,; TOTAL DECREASES IN CAPITAL ASSETS OTHER INCREASES (DECREASES) IN INVF_3TMENT Decrease due to Bond Issuance Increase due to Reduction in Principal on Capital Debt TOTAL OTHER INCREASES (DECREASES) IN INVES~ NET INVESTMENT IN CAPITAL ASSETS Net Increase Net Investment at Beginning of Year NET INVESTMENT AT END OF YEAR 1997 1996 $108.091.041 $97.125.531 22.789.166 i 3.080.032 130.880.207 110,205.563 ¢6.721.695) ( i 12.945) · . (6.926.961~ (2.188.202) (13.648,656) f2.301.147~ (35.000.000) 1.735.000 2 ! 5.000 1.735.000 (34.785.000) 118.966.551 73.119.416 852.028,147 778.908.731 ., 5970.994.698 5852.028.147 SEE ACCOMPANYING NOTES TO THE SUMMARY FINANCIAL STATEMEN'rS. I- 12 SOUTtt FLORIDA WATER rVIANAGEMENT DISTRICT I I ! I I I I I I I I i I i I I I NOTES TO SUMMARY FINANCIAL STATEMENTS September 30, 1997 and 1996 NOTE1: Significant Accounting Policies The District's accounting policies conform to generally accepted accounting principles (GAAP) as prescribed by the Governmental Accounting Standards Board with the exception of this presentation of summary financial statements. However. the Financial Section of the Comprehensive Annual Financial Report includes the General Purpose Financial Statements. which are presented in conformance with GAAP. For a more complete description of significant accounting policies and other disclosures required by GAAP. see the General Purpose Financial Statements. (a) Basis of Presentation Governmental financial reports are evolving to provide summarized financial information 1o citizens and other users to supplement detailed repom. These summary financial statements are prepared in a format similar to the consolidated financial statements of a private corporation, yet still disclose the fund equity accountability. The)' present an aggregated financial position of the District. the total cost of program services and revenues, and eliminate duplications caused by interfund transactions. (b) Principles of Presentation In the absence of authoritative guidance on format and content, these summary financial statements differ from the fund level financial statements as to: · Elimination of interfund balances, revenues, expenditures and transfers. This was done I() avoid duplication of revenues, expenditures and transfers between funds. Consolidation and reclassification of fund balances and retained earnings according to their availability and appropriated or funded purpose. · Elimination of general long-term debt to be provided as a reduction in the net investment of related assets. · Establishment of deferred charges in an amount equal to the accrued iiahilities relating compensated absences and other liabilities. (C) Measurement Focus/Basis of Accounting The District uses the flow of current financial resources measurement focus and the accrual basis of accounting. Revenues are recognized when earned and measurable. Expenditures are recognized at the time liabilities are incurred, with the exception of debt service and compensated absences, which are recorded as expenditures when paid. NOTE 2: C;,sh and Investments Tim District utilizes p(x)led cash accounting whercb3' excess monies arc aggregated fi)r investment purlin)scs. Thc carr2:'ing value m~d market value of cash and invcstmentq are: B(x,k CarD'ing Value Bank or Fair Value 1997 1996 $338.825.939 $340.971.277 $293,211.369 $294,895.435 1-13 SOUTH FLOP. IOA WATER MANAGEMENT NOTES TO SUMMARY FINANCIAL STATEMENTS (Continued) September .30, 1997 and 1996 NOTE 3' Receivables Accounts Receivable consist of: 1997 1996 Intergovernmental $4.722.994 $14.741.344 Interest 1.839.358 2.370.799 Other 1.151.449 4.675.335 $7.713.801 $21.787,478 NOTE 4: Property Taxes The District is permitted by Florida Statutes to levy taxes up to 0.800 mills of taxable assessed valuation. A mill is equal to one dollar in taxes for each one thousand dollars of taxable value. The rate levied for a majority of the District for fiscal year 1997 was .672 mills, or approximately 67 cents per $1,000 of taxable value. Property taxes are levied each November i on the assessed value listed as of the prior January I for real and personal property located within the District. The assessed value at January I, 1996, upon which the fiscal year 1997 levy was based, was approximately $280 billion. NOTE 5: Property. Plant and Equipment Property. plant and equipment are stated at historical cost and no depreciation is recorded in accordance with GAAP. The carrying values are: Land Buildings Equipment Improvements Water Control Structures Construction In Process 1997 1996 $512.957.366 $411.926,970 36.585.668 35.124.397 71.984.272 73,688.279 10.155.330 10.013.353 413.428,819 409,252.548 12.958.243 832.600 $1,058,069,698 $940.838,147 NOTE 6: Deferred Revenues Deferred revenue primarily represents resources received and to be received from other governmental agencies: Type of Revenue Intergovernmental Permits Reason for Deferral Pending review by other agencies Pending settlement of permit contingencies Amount $6.486.664 419.037 $6.905.701 I- 14 SmJ'r. FLORII~A WATER MANAGEMENTD~STRICT I 6 I I I ! I I I I I I I i I ! I I ! I I NOTES TO SUMMARY FINANCIAL STATEMENTS (Continued} September 30, 1997 and 1996 NOTE 7: Long-term Liabilities Special Obligation Land Acquisition Bonds: Series 1993 Series 1995 Series 1996 Less Current Portion Net Long-term Bonds 1997 1996 S35.615.000 $35,835.000 16,795,000 17,975,000 34,665,000 35,000,000 5;87,075,000 $88,810,000 (3.530.000) .(.1,735.000) 583,545,000 $87,075,00 Special Obligation Land Acquisition Bonds are issued by the Districl to provide funds for the acquisition of environmentally sensitive lands. Principal and interest on Series 1993. 1995 and 1996 Land Acquisition Bonds are secured by a lien on documentary stamp excise taxes collected statewide by the State of Florida and allocated to the State's five water management districts through the Water Management Lands Trust Fund. Annual debt service requirements (principal and interest) to amortize bonds outstanding approximate 5,7.1 million annually through fiscal 5'ear 2016. Other Liabilities: The District is party to numerous lengthy condemnation proceedings (as plaintiff) and inverse condemnation proceedings (as defendant or co-defendant) regarding the taking of private lands for public use. The court may rule that there was no taking of land by the District resulting in no liability to the District. Where a taking is ruled, the court determines the value of the land claimed by the owner and payment is made to the ~)wner upon transfer of title to the District. The estimated maximum future liability of $13.7 million I'or the purchase price of these lands, including interest and attorneys' fees is recorded as a long-term liability with an offsetting deferred charge to future years when the District will levy the necessary taxes, then budget and appropriate the added resources in the period in which the land value is determined and acquired. The cost of employee vacation and sick leave benefits (compensated absences) are budgeted and recorded as expenditures when payments are made to employees. However. the liability of $I 1.5 million for 'all earned but unpaid vacation and sick pa)' is recorded as a long-term liability and' the cost is not recognized as a current expenditure, hut offset with a deferred charge to future )'ears. NOTE 8: Employee Retirement Benefil5 The District participates in or sponsors several plans which provide benefits to employees after retirement. The District contributed funds to the following plans: Federal Social Security System Florida Retirement System Deferred Compensation Plan Postemployment Medical Plan 1997 1996 4.917.751 $4.873.138 1.886.672 11.659.668 311.401 255.284 198.499 199.538 7.3 ! 4.323 $16.987.628 1-15 SOUTH FLOmDA WATER I~ANAGEMENT D s R cr HISTORICAL AND CURRENT SETTING 1 DISTRICT BACKGROUND In 1949. the Horida Legislature created thc Central and Southern Florida Flood Control District (FCD). The FCD was to operate and maintain South Horida's water control network with funding from property taxes levied within District boundaries. This water network included 1.800 miles of levees, canals, water control structures and other improved waterways. The U.S. Army Corps of Engineers (COE) designed and built this vast network to help manage South Horida's extremes of hurricanes. floods, droughts and urban population growth during that time. The FCD was the local sponsor for the Central and Southern Flood Control Project. Throughout its history, this regional water resource agency evolved and grew in response primarily to population growth and development and its impact on water resources. In 1972, the Florida Water Resources Act divided the State into five regional water management districts and greatly expanded the responsibilities of the existing FCD. This included greater emphasis on water quality and environmentai protection initiatives. In 1976. the FCD was renamed the South Florida Water Management District (SFWMD). New boundaries were drawn to encompass the region's primary watersheds. Since 1949, the District has grown into a multi- faceted agency responsible for most water resource related issues. SFWMD provides flood protection, water supply protection, and restores and manages natural ecosystems. GOVERNANCE AND MANAGEMENT The Governing Board consists of nine membem appointed by the Governor and confirmed by the Florida Senate. They are appointed on a staggered basis as vacancies occur from specific geographic areas. Board members generally serve a four-year term without salary. The Board elects its own chair and vice-chair. The Executive Director is appointed by the Governing Board and confirmed by the Florida Senate. The Executive Director and the Deputy Executive Director are responsible for administering Governing Board policy and directives. I- 16 16G 1 I SOUTH FLORIDA WATER MANAGEMENT DISTRICT l l l I I I I I i I I i I I I I I BOUNDARIES AND LOCATIONS Water management district boundaries follow natural hydrogeological basins rather than political county boundaries to foster more effective and efficient planning and management. The District's boundaries encompass all or part (*) of the following ! 6 of the State's 67 counties. Broward Martin Ch axlotte(*) Monroe Collier Orange(*) Dade Osceola(*) Glades Okeechobee(*) Hendry Palm Beach Highlands(*) Polk(*) Lee St. Lucie This covers a total area of 17.930 square miles reaching from the centrally located city of Orlando to the southernmost Florida city of Key West. Most of the District's 5.9 million residents live in southeast Florida. Over 75% of those residents live in just three counties: Dade, Broward. and Palm Beach. The Florida Water Resources Act divided the District into two separate taxing districts or basins: Okeechobee Basin that covers the sprawling Kissimmee-Okeechobee-Everglades ecosystem stretching from our northern boundaries through the Chain of Lakes to Lake Okeechobee and south to the tip of the Florida Keys. It includes the 700,000- acre Everglades Agricultural Area, the heavily developed southeast coast, and Everglades National Park. Big Cypress Basin that includes all of Collier County and pan of Monroe County. the Big Cypress National Preserve and the 10,000 Islands in the southwestern pan of the State. Main Offices are in West Palm Beach. In addition. we maintain field stations, service centers, and area stations distributed throughout the District. ~e O~eec~oee SOUTH FLORIDA WATER MANAGEMENT DISTRICT W~l P~l~ Ke~W~ Field Stations house staffs who carry out the operations and maintenance responsibilities of thc Central and Southern Florida Flood Control System. Clewiston Miami Ft. Lauderdale Naples Homestead Okeechobee West Palm Beach Kissimmee Service Centers are conveniently distributed primarily to bring permitting and local government liaison activities closer to the served population. Big Pine Key Naples Ft. Lauderdalc Okeechobee Fl. Myers Orlando Miami Stuan Area Stations house specific remote functions such as field engineering, data management, water quality monitoring, and land management. Dupuis Reserve West Palm Beach Okeechobee Ft. Pierce 1.17 SOUTH REVIEW OF THE REGIONAL ECONOMIC CONDITION AND OUTLOOK South Florida Water Management District is responsible for balancing the needs of a growing population for water supply and flood control with restoring a globally significant ecosystem. The District's work is funded largely by public funds. Approximately two-thirds of the District's revenue is real property taxes. Economic condition indirectly impacts the District's ability to finance projects critical to local citizens and the region's environment. The Florida economy is in the mature stage of the business cycle with predicted population growth, construction growth and job growth through the year 2005. POPULATION TRENDS Florida is growing twice as fast as the nation. In the past year. residents increased by 288,000, boosting Florida's 1997 population to 14.7 million. According to Urfiversity of Florida demographer. June Nogle, a healthy economy during the past few years has kept Florida growing at the rate of 790 new residents per day and less of the state's population increase is coming from an influx of retirees. Counties with the highest rates of population growth - Dade. Broward and Palm Beach - are situated within the District's boundaries. Population within the District increased by about 111.000 this year. SELECTED DISTRICT ECONOMIC TRENDS 1992 1993 1994 1995 1996 1997 Population: Total Number in District 5,376,153 5,418,827 5,532,591 5,638,922 5,745,327 5,856,678 Annual ~ Increase 1.55% 0.79% 2.10% 1.92% 1.89% 1.94% Assessed Valuation: Taxable Property (5 BilLions) $239.7 $240.5 5241.7 $255.7 $267.5 $280.4 Annual % Increase 6.44% 0.357t 0.49~ 5.77% 4.63% 4.83% District Tax Revenue: $124.8 $128.5 5139.4 $158.7 $177.3 $191.3 Annual ~. Increase 6.48% 0.80~. 10.81~ 13.86% 11.72~k 7.907,. ECONOMIC ANALYSIS Florida real estate experts forecast that as we approach the year 2000, Florida will experience the strongest demand for new commercial space since the 1980s. This demand is largely attributed to Florida's reputation for attracting certain industries. Corporate relocations to Florida have many positive impacts on the economy. Relocations stimulate additional employment, increase demand for residential homes, retail shopping centers. restaurants and other service-oriented businesses and ultimately increase the tax base of the District. Florida's building permit activity shows a continuous increase in construction of residential hr, using units since 1991. The number of houses built in 1994 exceeded that of 1991 by 35%. The assessed valuation of taxable properties within the District increased steadily over the past three years. Housing prices in Florida are predicted to appreciate by 2.9% annually through the year 2000. As Florida enters its sixth year of economic expansion, international trade and tourism remains strong. Florida ports are major competitors in the SOUTH FLORII~A WATER IVIANAGEMENT DISTRICT I I I I ! I I I I ! ! I I I I North American cruise market and shipment of manufactured goods. About 79% of the cruise market departs from Port of Miami. Port Canaveral and Port Everglades. Port of Miami and Pon Everglades are expanding their container handling capabiliD, to supply Latin America with goods from Europe and Asia. Florida experienced the fastest job growth among the nation's 10 most populous states this year. The number of jobs created was second only to California. Florida's nonagricultural employment growth rate over the past year was 3.7% compared to the U.S. rate of 2.2%. The University of Florida Bureau of Economic and Business Research forecasts Horida will gain over 1.6 million jobs from 1994 to 2005 with industries such as social services. engineering and managing services, business services and health services gaining the most jobs. MISSION A ND MAJOR INITIATIVES The Florida legislature created the Central and Southern Florida Flood Control District in 1949 and charged it with the operations and maintenance of South Florida's water control network. Designed and built by the U.S. Army Corps Of Engineers during the 1950s - 1970s. the Central and Southern Florida Flood Control Project provided flood protection, drainage, and water control for the region. In response to the changing demands and diverse roles of the District. this program has expanded to include other initiatives. These include biological water treatment and ecological restoration of the Everglades. The expanded scope encompasses the operations and maintenance of the Everglades Nutrient Removal Project. Florida Bay Restoration. Flood Control Management. and exotic plant control. As evidenced by the planned restoration activities of the Everglades Stormwater Treatment Areas. the role of the District in environmental management is expected to increase as we move towards the twenty-first century. Flood Control The Flood Control System comprises 200 primary water control structures. 23 pump stations. approximately 1.800 miles of canals and levees, and 2.000 secondary structures that control inflows from secondary sources into the District's primary system. The District places major emphasis on the efficient operations and maintenance of the Regional Flood Control System. Major issues tackled by the operations and maintenance area in fiscal year 1997 included: a) Refurbishment of several water control structures. These structures are upwards of 4(} years old and required systematic replacement or upgrade of electrical, mechanical and hydraulic systems: b) Mechanical. biological, herbicidal and physical management and control of nuisance exotic aquatic vegetation throu~out the District's canals. I~es and rights-of-way. Control of this vegetation permits the easy navigation of waterways, provides drainage and water abatement, and allows for the unobstructed operation of water control structures and pumping facilities: and c) Canal and levee maintenance involving the removal and disposal of debris from canal rights-of- way. mowing of levees, repairing and maintaining District road and bridge approaches, tree removal and repair of canal banks to include levee erosion control and shoal maintenance. Water Management Planning The District is responsible for the development and implementation of plans for regional water supply which balance water needs of the environmenl with the demands of urban and agricultural users. Water Management Planning Programs of the District include: · Lower East Coast Plan · Lower West Coast Plan · Upper East Coast Plan · Kissimmee Basin Plan · Central and Southern Florida Flood Control Restudy - Everglades and Water Preserve Areas SOUTH FLORIDA WATER ]~/[ANAGEMENT Significant natural features in the Lower East Coast (LEC) area include Lake Okeechobee. Everglades National Park. the Water Conservation Areas and the Everglades Agricultural Area. Key options under the LEC Plan include increasing the system's ability to capture and store excess stormwater runoff, refining the locations of surficial aquifer withdrawals, revising regional system operations to improve water distribution and identi~'ing additional water supply deliveries lo the Everglades. The District continues to refine the LEC Plan and will incorporate several components for water supply plans mandated by 1997 state legislation. Major fact,rs influencing water availability in the Lower West Coast (LWC) area include dependency on rainfall, limited surface water sources, protection of water resources and pressure on the resource from increasing urban and agricultural demands. The LWC Water Supply Plan was accepted by the District's Governing Board in February 1994 and the District began implementation in 1995. A regional Aquifer Storage and Recovery (ASR) pilot project to determine the feasibility of a full scale ASR Wellfield in Lee County was completed. The District developed geographically specific regulatory criteria for drawdowns under various types of wetland systems and completed site selection for isolated wetlands studies. This year the District began exploring water supply potential using the Floridan aquifer. Extremely large historical and projected increases in residential and tourist populations in Orange and Osceola Counties. as well as significant increases in irrigated agricultural acreage in the Southern Counties in the Kissimmee Basin make planning for that area imperative. The District continues to develop models to determine anticipated future demands and expected impacts to the systems of the region. Work on the Kissimmee Basin Water Supply Plan will be initiated next year. The Central and Southern Florida Comprehensive Review Study Reconnaissance Report was completed in 1994. This report documented problems and potential conceptual solutions for those problems, and reaffirmed the Federal and District's commitment to the restoration effort. One element under the study is a project lo identify and assess the potential implications of climatic variations and changes in water management plans and projects. This year, the District continued ecological, hydrological, and water quality model refinement. Preliminary hydrologic and cost effectiveness component screening analysis were performed. Alternative plan formulation, evaluation. and documentation began in September and will continue in 1998. Programs developed to implement these plans consist of interaction of water supply, flood protection, water quality and natural systems management. These programs assist counties. municipalities, regional water supply authorities. private utilities and others in meeting water supply needs. The District develops water supply criteria to protect and enhance the environment and encourages regional planning lo develop solutions to water supply problems. In planning flood control, the District coordinates with the U.S. Army Corps Of Engineers to improve the Central and Southern Flood Control Project. This project aims to protect against floods while it protects and restores natural systems. The District provides technical and financial assistance to local government for planning or construction of water control systems that include solutions to existing flood control, water supply, water quality, and environmental protection problems consistent with appropriate land use planning and established criteria. Water quality programs encourage linkage of surface water body quality and quantity limits with local government land use decisions. When necessary, the District recommends additional water quality limits be established for surface water bodies and aquifers consistent with their designated users for consideration in permit evaluations. The District designates specific surface water bodies for preservation and enhancement through the Surface Water Improvement and Management (SWIM) planning process. Natural systems management programs focus on ecosystem protection and on minimum water flow.,; and levels. The District encourages local I- 20 I SOUTH FLORIDA WATER MANAGEMENT 166 I i I I i I I I I I I I ! I I I I governments to give priority lO implementing water conservation measures and supports them to regulate buffer areas and create wildlife corridors. When feasible, the District attempts to restore more natural hydroperiods on public tracts where drainage patterns have been substantially altered. Regional Restoration Regional restoration is a vital component of the District's overall mission. In 1997. the District continued major restoration efforts in the Everglades. Florida Bay. Kissimmee River and Lake Okeechobee. Everglades Restoration Florida's Everglades is the largest subtropical wetland in the United States and a unique resource. The Everglades "River of Grass" contains a diversity of plants and wildlife not found anywhere else in the United States. Today. the Everglades faces critical challenges as a result of more than 100 years of change. Agricultural runoff is upsetting the ecosystem's delicate balance. Other threats include changes in the quantity, distribution and timing of fresh water; infestation of non-native plants; mercury accumulation in the tissue of some Everglades fish. birds and animals; and a reduction in the size of the Everglades marshes. In 1994. the Florida Legislature passed the Everglades Forever Act which established programs essential to restore significant portions of the Everglades. The District's plan to restore the Everglades includes acquisition of land to develop six man-made wetlands, monitoring of changes in the Everglades and exotic species management and research. Land Acquisition and the Everglades Construction Project. This project focuses on developing Stormwater Treatment Areas (STAs) which are placed between the Everglades and agricultural fields to reduce nutrients in stormwater runoff. An estimated 44.500 acres are needed for the Everglades Construction Project. This year approximately $31 million was spent on land and $8 million on construction for this project. Research And Monitoring. Seven projects were developed over thc past five years in response to requirements of the Everglades Forever Act. Many of the projects focus on nutrient-related issues facing thc Everglades. While nutrient management for the Everglades is a key restoration issue, other projects in the program focus on the effects of hydrologic alterations on vegetation, animals, and hydropatterns of the Everglades. Research and monitoring expenditures for 1997 mounted to $5 million. The seven continuing projects this year are: · Class II1 Phosphorus Threshold Research · Best Management Practices Effectiveness Research · Superior Technology/STA Optimization Research · Established Ecological/Hydrological Needs of the Environmental Protection Agency · Landscape/Water Quality Model Development Everglades Nutrient Removal Research & Monitoring Environmental Protection Agency Water Quality Standards Evaluation In 1997. research and monitoring continue to provide information about the Everglades. STA design. STA Operation and potentially superior technologies. This information is used to define environmental goals for Everglades restoration. Exotic Species Management. The Everglades Forever Act directs the District to establish a program to control the expansion and removal of unwanted exotic species from the Everglades Protect/on Area. giving the highest priority to plant species affecting the largest area. Melaleuca eradication is an essential part of the Everglades Restoration Project. Since its introduction to Florida in 1906. melaleuca has spread into almost every native ecosystem. It has no natural enemy in South Florida and grows 1-21 SOUTH FLORIDA WATER MANAC£MIEN R! very quickly. It is estimated that melaleuca now covers at least 450,000 :,cres in South Horida and studies show melaleuca is expanding at a 4ok annual rate. To date. the District has treated approximately 62.000 acres in South FIorida. TNs year's cost for melaleuca control amounted lo $2 million. Florida Bay Restoration The purpose of this program is to restore a more natural quantity, distribution and timing of water flows to the Southern Everglades Ecosystem and Florida Bay. Thc focus is on structural modification of the Central and Southern Flood Control Project to allow increased flows into Florida Bay, North Shark River Slough and Taylor Slough. This project is funded through a joint effort of the District. the Federal Government and Alligator Alley toils. This year, the District continued with land acquisition. construction and research and monitoring of this project. The District acquired over half the land needed for this project in 1995. This year. 1.825 acres were purchased. All land acquisition is required to be completed by December 1999. Authorized by Congress in 1989. the Modified Water Deliveries Project includes construction of structures, raising a portion of Tamiami Trail and flood mitigation for the 8.5 Square Mile Area. The project is estimated to cost $1 I0 million. Federal agencies pa5, 100~ of construction and land costs and the District is expected to fund work on the 8.5 Square Mile Area. Construction of the first structures (S-355A & B) is expected to be completed in November 1998. Construction of S-332D Pump Station is scheduled to be completed by December 1997. A series of pumps installed in the northern reach of L-31W increased the quantity of fresh water in Taylor Slough and Florida Bay. The cost of this project is shared 80% by the Federal Government and 20c~ by the District. C- I I 1 construction expenditures are also cost shared 80cj Federal and 20G. District. Land acquisition is funded 100% by the District. Total cost for this project is estimated at $147 million. This project aims to modify the Central and Southern Flood System to restore Taylor Slough and the eastern panhandle of Everglades National Park. while maintaining flood protection within the C- I i ! basin east of the L-31N and C- ! 11 canals. The Research and Monitoring Program is designed to determine the effect of implementing modified Water Deliveries Project and the C- I I i projects. The accompanying changes in quantity. quality, timing and distribution of fresh water flow on Florida Bay's nutrient cycles, plant communities and fish communities will be evaluated and feedback provided for project improvement. Kissimmee River Restoration The Kissimmee River Restoration Project aims to reestablish the ecological integrity of the river anti floodplain ecosystem. In May 1996. the COE and the District completed the study phase of this project and moved into the implementation phase in 1997. Estimated cost for the project increased to $5.8 million in 1997 from $2.7 million in 1996. This increase was due to the cost of developing a sewer system for Hatchineha Estates and partial contribution towards $8 million for relocations due to the restoration project. The District cost-shares this project 50/50 with the COE. Lake Okeechobee Management The Lake Okeechobee Restoration Project aims to protect and enhance natural and societal values of the ecosystem which now are threatened by excessive nutrient input, the spread of exotic vegetation, and unnatural water level variation. Major elements of the District's restoration prograin include: Research and monitoring activities conducted to evaluate and predict how the lake and watershed respond to ongoing and future management actions. The underlying purpose is to provide information that will allow management decisions to be made with the lowest level of uncertainty regarding potential impacts on the ecosystem and its values; Developing comprehensive plans, such as the Lake Okeechobee SWIM Plan Update, that provide a framework for lake and watershed restoration efforts; I- 22 i S¢)UTll Ft. ORtD.,, WATER MANAGEMENT DISTRICT 16G i I I I I I ! I I I I ! I I I ! I I ecosystem and its values; · Developing comprehensive plans, such as the Lake Okcechobee SWIM Plan Update. thai provide a framework for lake and watershed restoration efforts; · Permit issuance, review, ;md enforcement, lo ensure that nutrient standards and loading targets arc mcl; Eslahlishing programs to control melaleuca and other exotic plants in the littoral region. To date. the District has treated approximately 62~ of Lake Okeechobee fi~r melaleuca. The District shares the cost of melaleuca eradication with the Department of Environmental Protection: and Establishing legal and administrative support for the overall program. INTERNAL CONTROLS Management acknowledges its responsibility for soulld administration of our financial resources. This responsibility begins with our Principles of Financial Management. In turn, we have budget. accounting and auditing controls in place. The following paragraphs briefly describe the activities m place to carry out this responsibility. I'RINCIPLES OF FINANCIAL MANAGEMENT Our Governing Board established sixteen guiding Principles of Financial Management that reflect thc ct)re beliefs of how we do business. One of the principles says that we will maintain accountability and prudently use financial resources. As an integral part of our goal of fiscal accountability, we currently provide useful, timely, and accurate financial information for reporting, analysis and decision- making. Accountability requires presentation of relevant information in a way that attracts attention. retains interest, and is understandable to the citizenry. The objective of this Report is to cmn,nunicate as clearly as possible our operating results and financial position. i - 23 BUDGET ADOPTION AND CONTROI.S The Truth-in Millage (TRIM) Act enacted by Stale legislation requires disclosures of information regarding lax millage and budgel adoption. Each year, following the required disclo.mrcs and the conducting of hearings for taxpayer comment, thc Governing Board sets the tax rates and adopts a budget for all funds except Agency Funds. Conlrnls are in place to assure that expendilures do nol exceed departmental approprialions for each budgeted fund. We use encumbrance accounting reserve budgeted appropriations for ohligations incurred but not received. ACCOUNTING CONTROLS Management is responsible for maintaining an internal control structure designed Io assure that District assets are protected from loss. theft. -r misuse. The concept of reasonable assurance recognizes that the cost of a control should not exceed the expected benefits; and the evaluation of costs and benefits requires management's estimates. The Governing Board and management have a plan of organization and policies in place to safeguard assets, validate the reliability of accounting dam. promote operational efficiency, and encourage adherence to prescribed managerial policies and procedures. We believe these existing internal accounting controls adequately safeguard a~,~ets and provide reasonable, but not absolute, assurance of proper recording and reporting of our finances. AUDIT CONTROLS The Audit Committee of thc Governing Board assists the Board in fulfilling the District's fiduciary and statutory responsibilities. The Audit Committee oversees the internal and external audit functions. The Director of Management Services and thc Di~rict's General Counsel are ex-officio members who assist the Committee in its performance of responsibilities regarding District governance. financial reporting, and internal controls. The internal audit function is carried out by the District's Inspector General, who is hired by the Governing Board. This Officc regularly conducts efficiency, effectiveness and economy audits of District operations according to an annual plan approved by the Audit Committee. The audit staff reviews compliance with policies, procedures and controls by evaluating the extent of compliance with established policies, plans and procedures. An external audit of our annual financial statements undertaken by a firm of independent certified public accountants is required by Florida Statutes. The objective of this audit is to express an opinion that the District's financial statements are fairly presented in conformance with generally accepted accounted principles rather than to express an opinion on our financial position. This year's audit resulted in an unqualified opinion - the best possible result of tile audit process - and is included in the Financial Section of this Report. A Management Letter from the independent auditors provides recommendations to the Audit Committee to strengthen and improve internal controls and accounting procedures. A Single Audit of Federal grant programs administered by the District is also undertaken by fire independent auditors under the provisions of the Federal Single Audit Act of 1996. Information related to the Single Audit, including the required reports of our Auditor. is included. AWARDS During 1993, the District became the first, and currently tile only, governmental unit to have received all four types of financial awards given by the Government Finance Officers Association of the United States and Canada (GFOA). While these awards do not judge the District's financial position, they do reflect our demonstrated excellence in financial reporting, budget presentation and financial management. CERTIFICATE OF ACIIIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING The GFOA awarded a Certificate of Achievement for Excellence in Financial Reporting to the District for its first Comprehensive Annual Financial Report (CAF'R) for the fiscal year ended September 3O. 1990. We have received consecutive awards since that date. A copy of thc most recent Certificate is reproduced on page 1-27. The Certificate of Achievement is a prestigious national award recognizing conformance wifl~ tile highest standards for preparation of state and local government financial reports. In order to receive a Certificate of Achievement, a governmental unit must publish an easily readable and efficiently organized comprehensive annual financial rep,rt. The report's contents must conform to generally accepted accounting principles and program standards. We believe this current Comprehensive Annual Financial Report continues to meet tile Certilicale Achievement's requirements. We are submitting it the GFOA to learn if it continues to meet tile criteria for another award. DISTINGUISHED BUDGET PRESENTATION AWA R D The District received the Distinguished Budget Presentation Award from the GFOA upon ()ur first submission of its annual budget document prepared for the fiscal year ending September 30, 1990. We have also received consecutive annual awanls since that date. To receive this award, governments must puhlish a budget document that meets program criteria as a policy document, as an operational guide, as a financial plan, and as a communications device. AWARD FOR OUTSTANDING ACHIEVEMENT IN POPULAR ANNUAl, FINANCIAL REPORTING The District first received GFOA's Award fi~r Outstanding Achievement in Popular Annual Financial Reporting for our Annual Report for 1991. This award program is new and the District is ,ne ,f only a few governmental units in the United Slales and Canada to receive the award in ils initial years. I- 24 III II II III I II IIII I IIIIIII Sotrrt~ FLO~IO~ W~T£~ M^s^c;£~£m' D~s'rg~cr I II I I I I I i I I i I I I ! i I I I a governmental unit must ~ave received the GFOA's Certificate for Excellence in Financial Reporting for the most recent fiscal year. In turn. to receive this award, the Annual Report must meet the characteristics of reader appeal, understandability. distribution, innovation and usefulness. AWARD FOR EXCELLENCE IN FINANCIAl. MANAGEMENT The Award for Excellence in Financial Management was presented to the District by the GFOA in 1992 for the innovative financing of the District's on-site child day care center. The center. which can accommodate 125 children, opened in 1991 at the District's West Palm Beach main office location. A CKNO WLEDGMENTS We extend our sincere appreciation To the Governing Board. Executive Office and the many District employees who provided countless hours of research and preparation in the development of this report. Special thanks to the employees of the Accounting and Financial Services Division for their diligence in the year-end closing process and production of this report. FINANCE STAFF Finance' Direr'tot E. Barrett Atwood. Sr. Division Dir~;tor~ Stephen Grabc Treasury Management Robert Gray Accounting and Financial Services Accountine and Financial Servicen Staff Joy Baker Phyllis Baker Joan Bartley Betty Brannock Mary Lou Cariello Marcellinc Daniel Maria Fernandez Mildred Ferraro Paula Gonzalez Cindy Granger Tammie Hardy Jerry Hession William Langford Clarice Loerop David Loy Suzanne Mastro Roxanne McNeer Frank Mumhy Maria Papadia Steven Pan'is Pat Suk-umarabandhu Jane Tibbets Eric Villanueva Martha Welch Letitia Zody 1-25 SOUTII FLORIOA WATER MANAGEMENT DiSTRiCT ORGANIZATION CHART - LIST OF PRINCIPAL OFFICIALS I BIG CYPRESS / BASIN BOA.RD 'o,'d h ~..r. I-h.-nmond. 1 ('~rey (;adan,I GOVERNOR Lawton Chiles GOrE R NING BOAR D Fmgc Wilhamson Jr.. Chasrrran Eugcne P~t:s. %c~ Ch,3:rm~ Wilham E. Gral~m Wdh~m I. bmmor~l .%tchel; Berber Ve~ Car. e: M3cha¢l .Man :~n RichaM .V~ch ek 16G 1' Office ot Couns el General Counsel Barbara Maxkham Executive DJ rector Samuel E. Poolc III R~chard Williams ~d Director Allcn Vann B udgel & ' ro<3Jrement Detector M. Moore ig Cypress Bcsin Director Clarence Tears Plcr~lng 1~ C~. De~u.~, Depuh Kef. ^m.m Wc~er Resource Evduc~lofl Director I,ed~c Michael C. SERVICE CENTERS · Florida Keys Orlando Rl~onda Haat;. D~re,'to, ~d: Snmffnet. Dtrertr, r Foci Myers Martin.'.n;L Lucie · Ct:~£ .~4ernam Direc:or PaM Mdlar. D*recwr Miami Rroward " Rom~n Gas:es~. D~rec~r Hu~o Alamo. D~r~tor Depu~ D~r~tcr ~pa~ DJrertor E. Ba.w'rtt AtwoocL Sr. Depu.? D,reetor Sandra C. Tumquest ! 1- 26 Sou'r. Irkoam,~ WaTz_._..__~a M^NAG£MEN~T D~svmc..._..____Z~ GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA} Certificate of Achievement for Excellence in Financial Reporting Presented to South Florida Water Management District For its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30. 1996 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Go~.~ernment Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAF'Rs) achieve the highest standards in government accounting and financial reporting. Executive Director I - 27 I i I I ! ! I I I I I I i I FINANCIAL SECTION General Purpose Financial Statements ARTHUR ANDERSEN LLP 16G REPORT OF INDEPENDENT CERTIFIED PUBLIC AccouNTANTS To the Governing Board of the South Florida Water Management District: We have audited the accompanying general-purpose finandal statements of the South Florida Water Management District (the "District", a component unit of the State of Florida), as of and for the year ended September 30, 1997, as listed in the Table of Contents. These general-purpose financial statements, and the supplemental financial statements and schedules referred to below, are the responsibility of the District's management. Our responsibility is to express an opinion on these general-purpose financial statements, and the supplemental financial statements and schedules based on our audit. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards (1994 Revision) issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general-purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general-purpose finandal statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general-purpose financial statements referred to above present fairly, in all material respects, the financial position of the South Florida Water Management District as of September 30, 1997, and the results of its operations and the cash flows of its proprietary fund type for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report, dated November 18, 1997, on our consideration of the District's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. Our audit was made for the purpose of forming an opinion on the general-purpose financial statements taken as a whole. The combining, individual fund and account group financial statements and schedules listed in the Table of Contents and the ixfformation set forth in the summarized financial statements located in the Financial Summary of the Introductory Section are presented for purposes of additional analysis and are not a requixed part of the general-purpose financial statements. This information has been subjected to the auditing, procedures applied in our audit of the general-purpose financial statements and, in our opinion, is fairly stated in all material respects in relation to the general-purpose financial statements taken as a whole. 1 West Palm Beach, Florida, November 18, 1997. II-1 Exhibit A-I Page I of 2 SOUTH FLOR. IDA WATER MANAGEMENT DISTRICT COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS SEPTEMBER 30. 1997 6G ASSETS AND OTHER DEBITS Cash and Investment; Accounts Receivable Due From Other Governments Duc From Other Funds Inventory Other Assets Fixed Asset.,; Amount to be Provided for Retixement of Long-Term Liabilities TOTAL ASSETS .aNT) OTHER DEBITS GOVERNMENTAL FUND TYPES SPECIAL CAPITAL GENERAL REVENUE PROIEC'rs S32.669.406 S69.236.290 $202.477.047 332.750 1.282.599 1.345.996 679.512 2.g ! 6.377 1.227. ! 05 163.487 !.780.614 12.938.136 11.923 763.066 70.285 76.990 250. ! 75 $33.927.363 $75.955.936 $218,238A59 LIABILITIES. FUND EQUITY AND OTHER CREDITS LIAB ILiTIZS Account.q Payable Due To Other Funds Due To Other GovernmenLs Deferred Revenue Dcfcrrcd Compensation Compensated Absences Payable Sell' Insurance Claims Capital Leases Condemnation and Other Claims Bonds Payable TOTAL LIABILrFIES FUND EQUITY AND OTHER CREDITS Fund Balance - Reserved Fund Balance - Unrese~'ed Designated Undesignated Total Fund Balance Retained Earnings Investment In General Fixed Asset~ TOTAL FUND EQUITY AND OTHER CREDITS TOTAL LIABILITIES. FUND EQUITY AND OTHER CREDITS $3.191.041 $4.368.450 $12.000.021 14.718.750 163 487 206~82 158.609 869.037 5.878.055 3,349.650 19.956.237 18.248.545 10.096.378 22,619.797 20,468.056 17,190.704 23.718.914 66,014.429 3,290,631 9,660.988 113.506.829 30.577.713 55.999.699 199.989.914 30.577.713 55.999.699 199089.914 533.927.363 $75.955.936 $218238.459 SEE ACCOMPANYING NOTES TO THE FINANCIAL STATEMENTS. II-2 I...... '"" 16G 1 Exhibit A-I Page 2 of 2 PROPRIETARY FIDUCIARY FUND TYPE FUND TYPE SERVICE AGENCY $4.621.481 529.821,715 29.462 180.055 S4.830.998 529.821.715 S3.4.541 S8,411.205 21.410.510 132.0C~J 3.657.104 3.823.645 29,821.715 ACCOUNT GROUPS FIXED LONG -TERM ASSETS LL4~ I/JTIES 1997 $ 1.058.069.698 $1.058.069.698 113.949.721 $113.949.721 TOTAL (MEMORANDUM ONLY) 1996 S338.825 939 2.990 807 4.722 994 14.882 237 774 989 577 505 1.058.069 698 I ! 3.949.721 S 1334.793.890 $293211.369 7.046.1.M 14341.344 1.323~33 704.106 861.523 940.838.147 124.069.121 $1.382.795.677 S 5 11,510.000 1.672.221 13,692.500 87,075.000 113,949.721 S28,005.258 14.882237 206,982 6.905.701 21A10310 I 1.642.000 3,657.104 1.672.221 13,692.500 87,075.0O0 189.149313 S18.239A27 1.323,933 14.694.119 15.387364 10,448.000 3.521.965 774,121 24.155.000 88.810.000 177.354.129 1.007.353 1,007.353 $4,830.998 $29.821.715 1.058.069.698 1.058.069,698 SI,058.069.698 $113.949.721 53.184.831 106,924.047 126.458.448 286367.326 1.007.353 1.058.069.698 1,345,644.377 S1.534.793.890 104.235.558 122.377.250 37.452.800 264,065.608 537.793 940.838.147 1,205.44 1.548 $1,382,795,677 II-3 Exhibit A-2 Page I .f 2 16G II SOUTH FLORIDA WATER I~L~NAGEMENT DISTRICT COMBINED STATEMENT OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE ALL GOVERNMENTAL FUND TYPES FOR THE Y'EAR ENDED SEPTEMBER 30. 1997 SPECIAL CAPFFAL GENERAL REVENUE PROJECTS REVENUES Property Taxes Intergovernmental Interest Licenses. Permits and Fees Other $76.791.549 $76.335.962 229.819 12.852.320 2.824.835 5.037.133 1.811.952 4.962.971 1.434.435 2.614.900 $38.186.978 81.803.008 10,088.155 1.276~36 131.355,077 Total Revenues 83.092.590 101.803.286 EXPENDITURES Currcnt Operating Administrative Outreach Construction and Land Management Regulation Operations and Maintenance Eco.~ystem Restoration Water Resource Evaluation Planning Capital Outlay Debt Service Principal Retirement Interest and Other Fiscal Charges Total Expenditures 34.749.704 6.089.612 i.102.145 7.722.555 6.634.761 196.109 10.589.097 4.641.610 8.140.460 726.716 48.740.347 1.295.206 12.320.419 7.372.585 13.749.386 745.149 9.5aI.466 1.278.182 !13.012.945 1.735.000 4A37.070 76.121.602 86.397.567 132.30i.355 6.970.988 15.405.719 (946.278) Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers Out Proceeds of Bond Issuance Capital Lease Proceeds Total Other Financing Sources (Uses} 207.029 1.819.602 28.356.667 (920.067) (19.924.522) (9.53q.709) (713.038) 1.071.289 (17~33.631) 18.817.958 Revenues and Other Financing Sources (Uses) In Excess of (Less Than/Expenditures 6.257.950 (1.627.912) 17.871.680 FUND BALANCE AT BEGINNING OF YEAR 24.319.763 $30.577.713 57.627,611 182.118,234 Sl99.989.914 FUND BALANCE AT END OF YEAR S55.999.699 SEE ACCOMPANYING NOTES TO THE FINANCIAL STATEMENTS. II-4 16G . ~ ExhibitA.2 Page 2 of 2 TOTAL (MEMORANDUM ON'LY) 1997 1996 5191.314.489 5177.317.694 94.885.147 85.580.008 17,950.123 16.413.155 6.774.923 3.652.438 5.326.271 3.252.786 316.250,953 286.216,081 41.941,461 34~40.889 14.357.316 11.877.155 15.426.816 15,412.129 8.140.460 7.902.315 49.467.063 51.162.958 20.988.210 16.754.189 14,494.535 16,911.368 I0,819,648 10.271.592 113.012,945 112.838.581 1.735.000 215,000 4.437.070 2.957.479 294,820,524 280,843,655 21.430,429 5.372A26 30.383.298 18.049.330 (30.383.298) (18.049.330) - 34.967.988 1.071.289 822,470 1.071.289 35.790.458 22.501.718 41362.884 264.065.608 222.902.724 S286567.326 S264,065,608 11-5 II'l Exhibit A-3 Page 1 of 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT COMB~'qED STATEMENT OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL - ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30. 1997 BUDGET ACTUAL VARIANCE- FAVORABLE (UNFAVORABLE) REVENUES Property Taxes $76.219.652 $76.791.549 $571.897 Intergovemmental 1.019.045 229,819 (789.226) Interest 2.260.000 2.824.835 564.835 Licenses. Permits and Fees 2.209.750 1.811.952 (397.798) Ch her 693.083 1.434.435 741.352 Total Revenues 82.401.530 83.092.590 691.060 EXPENDITURES Current Operating Administrative Outreach Consu'uction and L.and Management Regulation Operations and Maintenance -Ecosystem Restoration Water Resource Evaluation Planning Capital Outlay Debt Service Principal Retirement Interest and Other Fiscal Charges Contingency Total Expenditures Revenues in Excess of (Less Than) Expenditures OTHER FIN.a2~ICI2qG SOURCES (USES): Operating Transfers In Operating Transfers Out Capital Lease Proceeds Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures 38.777.205 34.749.704 4.027.501 13.722.000 7.722.555 5.999.445 264.613 196,109 68.504 8.690.872 8.140.460 550.412 813.204 726.716 86A88 1.771.271 1.295.206 476,065 17.830.784 13.749.386 4.081.398 14.701.264 9.541.466 5,159.798 1.913,553 98,484.766 (16.083,236) 76.121.602 6.970,988 207.400 207.029 (920.067) (920.067) (712.667) (713.038) (16,795.903) 6.257.950 24.319.763 24.319.763 FUND BALANCE AT BEG[NN~G OF YEAR 1.913353 22.363,164 23.054224 FUND BALANCE AT END OF YEAR (371) (371) 23,053.853 $7.523.860 830.577.713 $23,053.853 SEE ACCOMPANYING NOTES TO THE FINANCIAL STATEI%IENTS. 16G Exhibit A-3 Page 2 of 3 SPECIAL REVENUE FUND BUDGET $75,772.222 14,064.694 3,132.000 2.893.325 1 328.500 97.190.741 ACTUAL S76.335,962 12,852,320 5,037.133 4,962,971 2,614,900 101,803.286 VARIANCE- FAVORABLE (UNFAVORABLE) S563.740 (1,212,374) 1.905,133 2.069.646 1,286,400 4.612.545 8,550,417 16,585.662 13,866,643 54.128.609 18.245,023 1,856.288 2.933.181 6.089.612 6,634,761 10.589.097 48.740,347 12.320.419 745.149 1.278.182 2,460,805 9.950.901 3,277346 5,388.262 5,924,604 1,111.139 1.654,999 5.715.897 121.881.720 (24.690.979) 86,397.567 15.405.719 5.715.897 35.484.153 40.096.698 2,091.172 (20,690.467) 1.610,326 (16,988.969) 1.819,602 (19,924,522) 1,071,289 (17,033,631) (271370) 765.945 (539.037) (44.662) (41,679,948) 57.627.611 $15.947,663 (1,627.912) 57,627,611 $55.999.699 40.052.036 $40,052.036 CAPITAL PROJECTS FUND BUDGET $37,988.648 127~38,424 4,054,000 190.000 170.171.072 ACTUAL S38.186,978 81,803.008 10.088.155 1.276.936 131.355.077 VARIANCE- FAVORABLE (UNFAVORABLE) .$198.330 (46.135.416) 6,034,155 1,086,936 (38.815,995) 1,871,602 13,557,805 15.865.243 500,000 292.518,919 1.735.000 4,437.033 20,350,704 350.836306 (180.665.234) 28,916.162 (9,604,200) 19.311.962 (161,353.272) 182,118234 S20.764.962 1.102.145 4,641,610 7,372385 113,012.945 1.735,000 4A37.070 132.301.355 (946278) 28.356.667 (9.538.7O9) 18.817~58 17,871.680 182.118.234 $199.989.914 769A57 8~16,195 8,492.658 500.000 179305.974 (37) 20.350.704 218334,951 179.718.956 (559A95) 65A91 (494.004) 179.224.952 S179,224.952 Continued 11-7 Exhibit A-3 Page 3 of 3 16G SOUTH FLORIDA WATER MANAGEMENT DISTRICT COMBINED STATEMENT OF REVENUES, EXPE. NDITURES AND CHANGES IN FLrND BALANCE BUDGET AND ACTUAL - ALL GOVERNMENTAL FUND TYPES FOR THE YEAR ENDED SEPTEMBER 30. 1997 TOTAL (IVlEMO~UM ONLY) BUDOET ACTUAL VARIANCE- FAVORABLE (UNFAVORABLE) REVENUES Property Taxes $189.980 .522 $191.314.489 $1.333.967 Intergovernmental 143.022.163 94.885.147 (48.137.016) Interest 9,446.000 17.950.123 8.504.123 Licenses. Permits and Fees 5.103.075 6.774.923 !.671.848 O~her 2.211.583 5.326.271 3.114.688 Total Revenues 349.763.343 316.250.953 (33.512,390) 7.257.763 15.950.346 12.262.245 550.412 5.474.750 14.893.327 5.192.537 7.314.797 179.505.974 (37) 27.980.154 EXPENDITURES Current Operating Adm in is trati ve 49,199.224 41.941.461 Outreach 30.307.662 14.357.316 Construction and Land Management 27.689.061 15.426,816 Reg al ation 8,690,872 8.140,460 Operations and Maintenance 54,941.813 49.467,063 Ecosystem Restoration 35.881.537 20.988,210 Water Resource Evaluation 19.687.072 14.494.535 Planning 18.134.445 10.819.648 Capital Outlay 292.518.919 113.012,945 Debt Service Principal Retirement 1.735.000 1,735.000 Interest and Other Fiscal Charges 4,437,033 4,437.070 Contingency 27.980.154 571.202.792 294.820.524 276.382.268 (221.439.449 ) 21,430.429 242.869.878 Total Expenditures Revenues in Excess of (Less Than) Expenditures 31.214,734 30,383,298 '(831.436) (31.214.734) (30.383.298) 831.436 1.610.326 1.071,289 ~539.037) OTHER FINANCING SOURCES (USES): Operating Transfers In Operating Transfers Out Capital Lease Proceeds 1.610.326 1.071.289 (539.037) Total Other Financing Sources (Uses) (219.829,123) 22.501.718 242.330.841 Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures 264.065.608 264.065.608 $44.236.485 S286.567.326 FUND BALANCE AT BEGINNING OF YEAR $242,330.841 FUND BALANCE AT END OF YEAR SEE ACCOMPANY12qG NOTES TO THE FINANCIAL STATF_MENTS. SOUTH FLORIDA WATER MANAGEMENT DISTRICT I I I STATEMENT OF REVENUES. EXPENSES AND CHANGES IN RETAINED EARNINGS PROPRIETARY FUND TYPE - INTERNAL SERVICE FUND FOR THE YEAR ENDED SEPTEMBER 30, 1997 WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 1996 1997 1996 OPERATING REVENUES Charges for Services $3.123,528 $2.712,072 Insurance Settlement 8.115 1,600 Total Operating Revenues 3.131.643 2,713,672 OPERATING EXPENSES Clain~s Expense 1.396.322 1.270.058 Premiums Expense 204.177 188.789 Personal Services 790.950 741,692 Conlxactual Services 197.508 194.545 Current Charg es 22,691 51.600 District Indkect Costs 390.583 349.895 Total Operating Expenses 3.002.231 2.796.579 Operating Gain (Loss) 129.412 (82.907) OTHER REVENUES Interesl 340.148 310,931 Intergovernmental 17,48 ! Total Olher Revenues 340.148 328.412 NET INCOME 469.560 245.505 537.793 RETAh%'ED EARNINGS AT BEGLNNING OF YEAR 292~88 RETAINED EARNI~'GS AT END OF YEAR S 1.007.353 $537.793 SEE ACCOMPANYING NOTES TO THE FINANCIAL STATEMENTS. II-9 Exhibit A-5 SOUTH FLORIDA WATER MANAGEMENT DISTRICT STATEMENT OF CASH FLOWS PROPRIETARY FUND TYPE - INTERNAL SERVICE FUND FOR THE YEAR ENDED SEPTEMBER 30, 1997 WITH COMPARATIVE TOTALS FOR THE YEAR ENDED SEPTEMBER 30, 1996 CASH FLOWS PROVIDED 0JSED) IN OPERATING ACTIVITIES Cash Received from Other Funds for Insurance Services Cash Received from Insurance Settlements Cash Payments to Vendors for Goods and Services Cash Payments to Employees for Services Cash Payments to Other Funds for Administzafive Services NET CASH PROVIDED (USED) IN OPERATING ACTIVrH~ CASH FLOWS PRO'v~J~ED BY NON-CAPITAL FINANCE",'G ACTIVITIES Payments from S~a~e Insurance Fund CASH FLOWS PRO'v'IX)ED BY INVES~G ACTIVITIES Interest on Pooled Invcswncnts CASH .~,~D CASH EQUIVALENTS AT BEGINNING OF YEAR CASH AND CASH EQLqVALENTS AT END OF YEAR 1997 S3.123328 8.115 (1.685.791) (776.950) (390.583) 278.319 340,148 4,003,014 $4,621,481 1996 $2.712.072 1.600 (1.779.606) (72.5.692) '(349,895) (141.521) 17,481 310,931 3.816.123 $4,003.014 RECONCILIATION OF OPERATING GAIN (LOSS) TO NET CASH PROVIDED (USED) IN OPERATING ACTIVITIES OPERATING GAIN (LOSS) ADJUSTIvlENTS TO RECONCILE OPERATING GAIN (LOSS) TO NET CASH PROX, qI)ED (USED) IN OPERATING ACTIV1TIF_3: Decrease in Accounts Receivable Increase in Other Assets Increase (Decrease) in Accounts Payable Increase in Compensated Absences Payable Increase (Decrease) in Liability for Insurance Reserve TOTAL ADYUSTMENTS NE-I" CASH PROVIDED (USED) IN OPERATING ACTIVIT/ES S129.412 10,399 (8,614) (2,017) 14,000 135,139 148,907 $278,319 ¢S87.907) 8,376 (15,963) 2.745 16.000 (69.772) (58.614) ($141,521) SEE ACCOMPANYING NOTES TO THE FINANCIAL STATEMENTS. II-10 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 1 6 6 1 NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 I ! I I I I I i I I I I I i I (i) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) INDEX DESCRIPTION OF THE Sou'rH FLORIDA WATER MANAGEMENT DISTRICT ...... !i-12 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES ......................... II- i 2 (a) Reporting Entity. ....................................................... Il-12 (b) Basis of Presentation: Fund Accounting ...................................... I1-13 (c) Measurement Focus ..................................................... Il-13 (d) Basis of Accounting ..................................................... Il-14 (e) Budgets and Budgetary Accounting ......................................... II-14 (f) Encumbrances. ......................................................... II-15 (g) Cash and Investments .................................................... 11-15 (h) Inventor,. - · ............................................................ II-16 (i) General Fixed Assets .................................................... I1,16 O) Land Trust Funds ....................................................... II-16 (k) SWIM Trust Fund. ...................................................... II-17 (I) Compensated Absences. .................................................. I!-18 (m) Fund Balances. ......................................................... I1-18 (n) Total Columns on Combined Statements ..................................... II-18 CASH AND INVESTMENTS .................................................. II-18 ACCOUNTS RECEIVABLE ................................................. II-20 INTERFUND RECEIVABLES AND PAYABLES ................................. 11-20 PROPERTY TAXES ......................................................... IIo21 INTERGOVERNMENTAL TRANSACTIONS .................................... II-21 GENERAL F/XED ASSETS ................................................... II-22 DEFERRED REVENUE ...................................................... II-22 GENERAL LONG-TERM LIABILITIES ......................................... II-23 OPERATING LEASES ....................................................... II-24 CAPITAL LEASES .......................................................... II-25 RESERVED AND UNRESERVED FUND BALANCES ............................. II-25 DEFINED BENEFIT PENSION PLAN ........................................... II-26 OTHER POSTEMPLOYMENT BENEFITS ....................................... II-27 DEFERRED COMPENSATION PLAN .......................................... 11-27 INSURANCE ACTIVITIES. ................................................... II-28 OTHER LIABILITIES-CONDEMNATION PROCEEDINGS ......................... II-29 COMMITMENTS AND CONTINGENCIES ...................................... II-29 I II-11 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 DESCRIPTION OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT The South Florida Water Management District (the District) is a public corporation organized under Florida Statutes. Chapter 373. and is controlled by a Governing Board consisting of nine members appointed by the Governor to staggered four-year terms. The District is financially independent as evidenced by the authority to make and approve its own budget, the power to tax, the authority to buy and sell property, and the authority to incur debt. The District covers all or pans of sixteen counties in central and southern Florida. The primary objectives of the District are to promote the conservation, development and proper utilization of surface and ground water within District boundaries and to prevent damage from floods, soil erosion and excessive drainage. To accomplish these {~bjectives. the District is empowered to manage and re, late the usage and storage of water within District boundaries and to acquire properties and construct facilities as necessary. The District works in concert with the State of Florida (the State) and Agencies of the Federal Government to accomplish the previously described water management objectives. (2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accompanying financial statements conform with generally accepted accounting principles for governmental units as prescribed by the Governmental Accounting Standards Board (GASB) and oth-~r recognized authoritative sources. Pursuant to GASB Statement No. 20. Accounting. and Financial Reporting for Proprietary Funds and Other Governmental Entities That Use Proprietary. Fund Accountin?. the District has elected to apply only the Financial Accounting Standards Board (FASB) Statements and Interpretations, Accounting Principles Board (APB) Opinions, and Accounting Research Bulletins (ARB) issued on or before November 30. 1989, unless they conflict or contradict GASB pronouncements. The more significant accounting policies are summarized in the following paragraphs. (al Renortine Entitx The District follows the standards promulgated by GASB Statement No. 14. The Financial Reporting Entity. to define the reporting entity. The financial statements include all operations over which the District is financially accountable. Accordingly, these financial statements include all funds and account groups of the District. including trust fund assets held and invested for the District by the State of Florida. The District has not identified any component units and is not a participant in any joint venture. The District is a component unit of the State of Florida. The State provides funding for District programs through the sale of State debt. the sharing of documentary stamp revenues, and the approval of various annual grants and entitlements. II-12 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 166 (2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) (b } Basis of Presentation: Fund Accounting The accounts and financial statements are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures/expenses. The following fund types and account groups are used and summarized in the financial statements. GOVERNMENTAL FUND TYPES -- General Fund -- Special Revenue Funds -- Capital Projects Funds PROPRIETARY FUND TYPE Proprietary funds account for activities which are similar to those often found in the private sector. -- The Internal Service Fund accounts for the District's self-insured risks related to general, automobile, and workers' compensation liabilities. · FIDUCIARY FUND TYPE: -- Agency Funds ACCOUNT GROUPS: -- General Fixed Assets Account Group -- General Long-Term Liabilities Account Group (c) Measurement Focus Governmental fund types are accounted for on a flow of current financial resources measurement focus. Their operating statements represent increases and decreases in net current assets. The resulting fund balance is considered a measure of expendable available financial resources. The proprietao' fund is accounted for on a flow of economic resources measurement focus. Its operating statements represent capital maintenance which measures increases and decreases in net total assets. II-13 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 2 ) SUMMARY OF SIGNIFICANT ACCOUNTING POLJCIES (continued) Basis of Accounting The modified accrual basis of accounting is used by the governmental fund types. Revenues are recognized when susceptible to accrual, i.e.. both measurable and available. Available means collectible within the current period or soon enough thereafter to pay liabilities of the current period. Revenues susceptible to accrual are ad valorem property taxes, interest on investments, and intergovernmental revenues. Property taxes are recorded as revenues in the fiscal year in which they are levied, provided they are collected in the current period or within sixty days thereafter. Interest on invested funds is recognized when earned. Intergovernmental revenues which are reimbursements for specific purposes or projects are recognized in the period in which the expenditures are recorded. Expenditures are recorded when the related fund liability is incurred, except for unmatured interest on general long-term debt which is recognized when due. and certain compensated absences which are recognized when the obligations are expected to be liquidated with expendable available financial resources. Agency fund assets mid liabilities are accounted for using the modified accrual basis of accounting. The accrual basis of accounting is used by the proprietary fund. Revenues are recognized when they are earned and measurable. Expenses are recognized at the time the liabilities are incurred. (el Budgets attd Budgetary, Accounting Budgets are adopted on a basis consistent with generally accepted accounting principles. The reported budgetary data represent the final amended budget as approved by the Governing Board. Budgem are adopted for all funds except Agency Funds. The Governing Board approved one supplemental budget appropriation resulting in a net decrease in appropriations of $48.509.886 during the fiscal year. The effect was to increase appropriations in the Special Revenue Fund by $3,076,863 and to decrease appropriations in the Capital Projects Fund by $51.586.749. The Governing Board also approves budget transfers among departments and capital projects during the year. Management applies a level of control at which expenditures may not exceed the budget at the major object level within a department and fund. The five major object levels are personal services, operating expenses, capital outlay, debt service and reserves. Deparunent directors can approve line item overruns as long as the total major object budget within a fund and department is not exceeded. The following budget overexpenditures were noted at September 30, 1997: · Personal service expenditures exceeded the budget of the Big Cypress Basin Administration in the Special Revenue--Big Cypress Basin Fund by $11,205. II-14 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 2 ) SUMMARY OF SIGNIFICANT A ceo UNTING POLICIES (continued) (el Budgets and Budgetary Accounting (continuedl Operating expenditures exceeded the budget of the Operations and Maintenance Department in the Special Revenue - Army Corps of Engineers Aquatic Plant Control Fund by $308,92 !. Interest and other fiscal charges expenditures exceeded the Debt Sen'ice budget in the Capital Projects - Save Our Rivers Fund by $37. These over expenditures were funded by available fund balance. Encumbrances The District utilizes the encumbrance method of accounting. Under this system, commitments for the expenditure of resources are recorded in order to reserve that portion of the applicable budgetary appropriation. All appropriations lapse at year end. Encumbrances representing uncompleted contracts and purchase orders are recorded as a reservation of fund balance at year end and reappropriated in the ensuing year's budget. (g.) Cash and Investments The District utilizes pooled cash accounting whereby excess monies are aggregated for investment purposes. Negative cash balances in individual funds are reported as inteffund payables with offsetting receivables recorded in loaning fund(s). Cash includes currency on hand and demand deposits. Investments accounted for in the governmental funds are stated at amortized cost which approximates market. Investments of the Deferred Compensation Plan accounted for in the Agency Fund are reported at market. During the year the District did not directly invest any resources in derivatives. Investments made through State-administered trust funds include derivatives. These investments are made on a pooled basis and the individual risk to the District is unknown. Florida Statutes authorize investments in (I) United States Treasury securities unconditionally guarante~.d by the full fa/th and credit of the United States Government. (2) United States Agency Obligations. (3) Repurchase Agreements collateralized by United States Treasury securities perfected by a transfer of title of the underlying security, (4) General obligation bonds of any incorporated county, city, town, school district or road and bridge district located in the State of Florida, (5) Insured or fully collateralized certificates of deposit of banks and savings and loan associations approved under Chapter 280. Florida Statutes. and (6) Money market accounts which are invested in United States Treasury securities. For purposes of the Statement of Cash Flows. ail highly liquid investments with a maturity of three months or less when purchased are considered cash equivalents. II-15 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, I997 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued} (h ~ Inventor~' Inventory is stated at average cost and consists of fuel. chemicals and .supplies held for consumption. The cost is recorded as an expenditure at the time individual inventory items are consumed. General Fixed Assets General fixed assets are those acquired for general governmental purposes. Assets purchased are recorded as expenditures in the governmental funds and capitalized at historical cost in the General Fixed Assets Account Group. Public domain ("infrastructure") general fixed assets consisting of certain improvements other than buildings, including bridges, water control structures, canals and levees are capitalized along with other general fixed assets. Maintenance. repairs and minor renovations are not capitalized. No depreciation is provided on general fixed assets, nor has interest been capitalized during construction. The acquisition of land and construction projects utilizing resources received from Federal and State agencies are capitalized in the General Fixed Assets Account Group when the related expenditure is incurred. Amounts expended by Federal agencies on projects related to District activities are not included in revenue and expenditures because the District has no control over the projects or the expenditures of the Federal funds. Donated assets are recorded at their estimated fair market value on the date donated. Expenditures which materially increase values, change capacities or extend useful lives are capitalized. Upon sale or retirement, the cost is eliminated from the respective accounts. The Statement of Revenues, Expenditures and Changes in Fund Balances reports capital outlay expenditures separately for the capital projects funds only. The capital outlay expenditures for the general and special revenue funds are included in the totals by function. Capital outlay expenditures of the general fund total $3.274.810 and $3,151,744 and of the special revenue funds total $4,989.385 and $4,608.869. respectively for 1997 and 1996. Land Trust Funds Under Florida Statutes, the District is entitled to monies from the State of Florida which are allocated and appropriated to the Water Management Lands Trust Fund and the Florida Preservation 2000 Trust Fund. The Florida Department of Environmental Protection (DEP) acts as trustee of these trust funds. The purpose of these trust ftmds is to acquire environmentally endangered lands which are subject to approval by the DEP. It is the District's policy to recognize monies received through these State trust funds as intergovernmental revenues at the time monies are appropriated and allocated to the respective trust funds since the District is the only entity authorized to spend the funds. The District also accrues and recognizes interest reven,~e earned on these trust fl~nds which is allocated to the District. This method of revenue recognition reflects the District's legal entitlement under Florida Statutes to receive these monies which are appropriated to the District to acquire and maintain these environmentally endangered lands. I1-16 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 16G 2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) (il Land Trust Funds (continued) The Water Management Lands Trust Fund was established in 1981 and primarily receives monies from a portion of the documentary stamp excise tax collected by the State which is allocated and appropriated to the District in accordance with Sections 373.59 (It and (7). Florida Statutes. These revenues provide the security for the District's Special Obligation Land Acquisition Bonds (see Note 10). Monies are released from the trust fund for debt service, acquisition, management, maintenance and capital improvements as set forth in the District's five-year land acquisition plan. The District records activity of the Water Management Lands Trust Fund in the Save Our Rivers Special Revenue Fund and in the Save Our Rivers Capital Projects Fund. The Florida Preservation 2000 Trust Fund was established in June 1991, and for the first seven years of a ten year program, the District has received $197.6 million plus interest of $16.3 million from the issuance of State (not District) revenue bonds. Of the monies allocated for the purchase of statewide water management lands, such monies are in turn also allocated and appropriated to the District in accordance with Sections 373.59 (1) and (7), Florida Statutes. Monies are released from the trust fund for the purchase of water management lands and lands necessary to implement surface water improvement and management plans as set forth in the District's five-year land acquisition plan. The District records activity of the Florida Preservation 2000 Trust Fund in the Save Our Rivers Capital Projects Fund. Under the terms of agreements between the District and the DEP, if the District does not spend its share of the monies in the Preservation 2000 Trust Fund within 33 months of receipt, the DEP may request reallocation of unspent funds. The District spent the first five allocations within the required timeframes. The remaining allocations of approximately $42.4 million at September 30, 1997, received in April. 1996 and May. 1997, (plus subsequent interest earned) are required to be spent by February, 2000. It is the opinion of management that the District will expend the funds within the designated timeframes since the District currently has land purchases pending in the amount of $7 million and has included land purchases in its current capital improvement plan in the amount of $184 million. tk) S[[TM Trust Fund Under Florida Statutes, the District is entitled to a portion of the annual State appropriation for the Surface Water Improvement and Management (SWIM) program. These funds are deposited in the SWIM Trust Fund with the Florida DEP acting as trustee. The purpose of the trust fund is to provide reimbursement for a portion of the costs associated with detailed planning and implementation of programs to restore and protect designated priority water bodies. It is the District's policy to recognize revenue at the time monies are allocated to the trust fund since the District is the only entity authorized to spend the funds. This method of revenue recognition reflects the District's legal entitlement under Florida Statutes to recei'.,e those monies. TT-?'? SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 (2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) (1 ~ Compensated Absences District employees are granted a specific number of vacation and sick leave days with pay. Employees are permitted to accumulate a maximum of 360 hours (45 days) of vacation as of the final pa.vroll ending in December of each year. Excess time is forfeited if not used within 30 days after the final payroll. Employees are reimbursed upon termination for a percentage of unused sick leave after at lea.st 10 years of service. The costs of vacation and sick leave benefits (compensated absences) are budgeted and expended in the respective operating funds when payments are made to employees. However. the liability for all accrued and vested vacation and sick pay benefits and sick leave benefits expected to become vested is recorded in the General Long-Term Liabilities Account Group for employees paid from governmental funds. Employees of the Internal Service Fund have this liability recorded in that fund. Fund Balances Reservations of fund balance are reported to indicate a portion of fund balance which (i) is not appropriable for expenditure or (2) is legally segregated for a specific purpose. Designations of fund balance identify tentative plans for the future use of financial resources. The undesignated fund balance is available for future appropriation. (n ~ Total Columns on Combined Statements Total columns on the combined statements are captioned "Memorandum Only" to indicate that they are presented only to facilitate comparative financial analysis. Data in these columns do not present financial position or results of operations in conformity with generally accepted accounting principles. Such data are not comparable to a consolidation since interfund eliminations have not been made in the aggregation of these data. Comparative total data for the prior year are presented in the accompanying combined financial statements in order to provide an understanding of changes in the District's overall financial position and operations. (3) CASH AND II~WESTMENTS The District's investments are categorized to give an indication of the level of credit {'not market) risk assumed by the District at September 30. 1997 based on various investment categories as to how securities are registered, insured or where held in custody. These credit risk categories are: (1) Insured or registered investments or securities held by the District or held by the District's agent in the District's name. (2) Uninsured or un.registered investments for which the securities are held by the counterparty or by its trust department or agent in the District's name. SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 1 6fi (4) ACCO UNTS RECEIVABLE Accounts receivable at September 30. 1997 consist of the following: Special Capital Florida Power & Li~t Co. Interest Sale of District Property Wetland Mitigation Permits Leases Other Allowance for Doubtful Accounts Internal General Revenue Projects Service Fund Funds Funds Fund Total $ - $ 4.000.954 $ $ - $ 4,000,954 262,477 612,135 935,284 29A62 !.839,358 58,264 223,378 52,186 333.828 395,120 395.120 7,573 50,540 358,020 416.133 4,436 472 506 - 5.4 ! 4 - (4.000.000) - (4.000.000) $ 332,750 $ 1.282.599 $ 1.345.996 $ 29A62 $2,990.807 The receivable from Florida Power & Light Co. represents mounts owed by the electric utility under contract with the District. The contract provides funding to respond to any water quality or other environmental effects that may occur when the utility constructs a power line through water conservation areas under the control of the District. An allowance for doubtful accounts has been recorded against this receivable until permit contingencies are resolved. (5) INTERFUND RECEIVABLES AND PAYABLES lnteffund receivables and payables as of September 30. 1997 are as follows: lnterfund lnterfund Fund Receivable Payables General Fund $ 163,487 $ Special Revenue Funds · Okeechobee Basin · Department of Environmental Protection - Aquatic Plant Control · Army Corps of Engineers - Aquatic Plant Control · Florida Power & Light Mitigation $ 1,780,614 1.518.381 262.233 12,938.~36 Capital Projects Funds · Everglades Trust Fund · Federal Emergency Management Agency 12,938,136 $ 14,882,237 163A87 $ 14.882237 II-20 ~,~ ~ i~ I I I II II I I IIII I IIIII IIII I II1'~1 III IIIII IIIIIII - I i i I I I I i SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, I997 16G 1. (6) PROPERTY TAXES The District is permitted by Horida Statutes to leD' taxes up to .800 mills per $1.000 of assessed valuation. The rate levied for a majority of the District for fiscal year 1997 was .672 mills. Property taxes are levied each November I on the assessed value listed as of the prior January I for real and personal property located within the District. The assessed value at January I. 1996, upon which the fiscal year 1997 lev). was based, was approximately $280 billion. A four percent discount is allowed if thc taxes are paid in November. with the discount declining by one percentage point each month thereafter. Taxes become delinquent on April I of each year. Delinquent property tax certificates are sold to the public beginning June 1. at which time a lien attaches to the property. By fiscal year end, virtually all property taxes are collected either directly or through tax certificate sales. Property tax revenues are recorded by the District based on the amount of receipts reported by the county tax collectors. Property taxes receivable from the county tax collectors at September 30, 1997 and included in tax revenues are $542,074. (7) INTERGOVERNMENTAL TRANSACTIONS Amounts due from other governments at September 30. 1997 and intergovernmental revenues for 1997 consist of the following: U.S. Army Corp of Engineers U.S. Federal Emergency Management Agency U.S. Department of the Interior Florida Department of Environmental Protection Florida Department of Transportation Florida Game and Fresh Water Fish Commission Various Counties: Ad Valorem Taxes Property Appraiser Fee Credits Tax Collector Fee Credits Other Governments Less Allowance for Doubtful Accounts Total September 30, 1997 Due From Other Governments 349,365 426,502 60,000 2.265,975 1997 Intergovernmental Revenues $ 983,292 840,523 29,921,000 45,549,341 17,000,000 79,021 542,074 - 1,378,948 - 954,000 - 30,078 511,970 (1,283,948) - $ 4.722,994 $ 94,885,14~ Property appraiser and tax collector fee credits represent refunds of fees charged in advance for expenditures by the various county property appraisers and tax collectors. Florida Statutes require refunding to the various local governments any unexpended fees. SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 16G 1 (8) GENERAL FIXED ASSETS A summary of changes in general fixed assets follows: Land Buildings Equipment Improvements Control Structures In Process Balance at October I. Adjustments/ 1996 Additions Retirements Reclassifications S411,926.970 S108,091,041 $ (6.721,6951 S (338,950) 35.124.397 784,475 (234,043) 910.839 73.688,279 7,244,861 (6,561,243} (2.387,6251 10.013.353 109,029 32.948 409,252.548 339,648 ( 131.6751 3,968,298 832,600 14,311,153 (2.185.5101 S940,838,147 $130,880,207 S{ 13.648,6561 S - Balance at September 30. 1997 12.957.366 36.585.668 71.984.272 10.155.330 413A28.819 12.958.243 $ !.058.069.698 (9) DEFERRED REVENUE Fund General Fund Special Revenue Funds · Okeechobee Basin · Wetlands Mitigation Total Special Revenue Capital Projects Funds · Okeechobee Basin · Save Our Rivers Total Capital Projects Total Deferred Revenue Type of Revenue Intergovernmental Intergovernmental Permits Intergovernmental Intergovernmental Reason for Deferral Pending review by other agencies Pending review by other agencies Pending settlement of permit contingencies Pending review by other agencies Pending review by other agencies Amount $ 158.609 450.0O0 419,037 869.037 $ 509.855 5368.200 $ 5.878.055 $ 6~05~01 II-22 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 16G 1 t'l O? GENERAL LONG-TE&'vl LMBILITIES The following is a summary of changes in general long-term liabilities for the fiscal 5'car ended September 30. 1997 Land Acquisition Bonds Compensated Absences Capital Leases Condemnation and Other Claims Balance at Rctircmcnts Balancc at October I, and Scptember 30. 1996 Additions Adjustments 1997 $ 88.810.000 $ S(!.735.000) 10.330.000 I. ! 80.000 774.121 1.071.289 (I 73.189) 24.155.000 (10.462.500) $124,069.121 $ 2.251.289 $(12.370.689) $ 87.075,000 11.510.000 !.672,221 13.692,500 $113,949,721 Condemnation proceedings are discussed further in Note 18 Special Obligation Land Acquisition Bonds are issued by the District to provide funds for the acquisition of environmentalh' sensitive lands. Principal and interest on the Land Acquisition Bonds are secured by a lien on documentan' stamp excise taxes collected statewide by the State of Florida and allocated to the State's five water management districts through the Water Management Lands Trust Fund (see Note 2j). The District accounts for debt sen'ice transactions in thc Save Our Rivers Capital Projects Fund. All Special Obligation Land Acquisition Bonds issued prior to the current fiscal year were refunded tn 1993 and 1995 to reduce subsequent debt sen'ice payments. The resulting released bonds totaling $49.750.000 were paid in full by the District's agent on October 1. 1995. Original Remaining Issue Amount Maturity Rates Balance 1993 Refunding $ 36.260.000 1997-2015 4.00-5.25% $ 35,615.000 1995 Re funding 17.975.000 1997-2006 3.90-5.00% 16.795,000 1996 Acquisition 35.000.000 1997-2015 3.90-5.80% 34.665,000 $ 89.235.000 $ 87.075,000 II-23 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 (10) GENERAL LONG-TERM LIABILITIES (continued) Fiscal year requirements to amortize debt outstanding as of September 30. 1997 are as follows: 16G 1 Principal Interest Total 1998 3.530.000 4.336.097 7.866.097 1999 3.665.000 4.191.315 7.856,315 2000 3.820.000 4,032,838 7.852.838 2001 3.985,000 3,861.824 7.846,824 2002 4.160,000 3,677.680 7,837,680 2003-2007 18,970.000 15.712.950 34.682.950 2(~08-2012 24.310,000 10,188,094 34,498,094 2013-2016 24.635.000 2.809,761 27,~ d ~.761 $ 87,075.000 $ 48,810,559 $ 135,885,559 (11) OPERATING LEASES The District is committed under various operating leases for building, office space and data processing equipment. Lease expenditures for the year ended September 30, 1997 amounted to $1.547,283. Future minimum lease payments for these leases are as follows: Fiscal YearEnding September30 Minimum Lease PaymenB 1998 $ 916.152 1999 597,015 2000 274.079 2001 191.301 $ 1,978347 II-24 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 (12) CAPITAL LEASES The District has several lease agreements that qualify as capital leases for accounting purposes and have been recorded at the present value of their future minimum lease payments in the general fixed asset account group as of the inception date of the lease. The following is a schedule of the District's future minimum lease payments under the capital leases, and the present value of the net minimum lease payments as of September 30, 1997: Fiscal Year Ending September 30 1998 1999 2000 2001 2002 2003 2004 Total minimum lease payments Less: Amount representing interest Present value of future minimum lease payments Minimum' Lease Payments $ 364,106 364,106 364,107 364,108 295,172 153,750 60,946 $1,966,295 _ (294,074) $1.672,221 (13) RESERVED AND UNRESERVED FUND BALANCES Reserved Fund Balances - Reservations of fund balance at September 30. 1997 consist of the following: Encumbrances Mitigation Construction Long-Term Management Land Acquisition Special Capital General Revenue Projects Fund Funds Funds $ I0.096,378 $ 15.751,481 $ 20,468,656 - 1.871,286 - ! ,891.931 3.105.099 - $ 10.096.378 $ 22.619,797 $ 20.468.65t~ II-25 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 1 (13) RESERVED AND UNRESERVED FUND BALANCES (continued) The reserves for mitigation represent funds set aside to acquire, restore and manage wetlands. These reserves are accounted for in the Wetlands Mitigation Special Revenue Fund. All reserved amounts are legally required based on District regulatory permit conditions. Unreserved Fund Balances - Designations of fund balance at September 30, 1997 consist of the following: Subsequent Year's Expenditures Economic Stabilization Kissimmee River Restoration Future Capital Projects Management of Lands General Special Revenue Capital Project Fund Funds Funds $ 13.555.704 3.635.000 $ 12.252.756 3.993.000 6.200.000 1.000.000 273.158 $ 17.190,704 $ 23,718.914 $ 66,014,429 $ 66,014.429 A deficit fund balance exists for the following fund: Capital Projects - Federal Emergency Management Agency Total Fund Balance ($14.498) The fund incurred expenditures in excess of current available resources and current amounts approved for reimbursement by the Federal Emergency Management Agency (FEMA). If FEMA does not approve the additional costs, the District plans to transfer funds from the General Fund to cover the expenditures. (14) DEFINED BENEFIT PENSION PLAN The District has adopted the provisions of GASB Statement No. 27. Accounting for Pensions bv State and Local Government Employers. in the following disclosure: Plan Description: The District contributes to the Florida Retirement System (the System). a cost-sharing multiple-employer defined benefit pension plan administered by the State of Florida Division of Retirement. The System provides retirement and disability benefits, annual cost-of-living adjustments, and death benefits to plan members and beneficiaries. The Florida Legislature established the System under Chapter 121. Florida Statutes. and has sole authority to amend benefits provisions. Each year the System issues a publicly available financial report that includes financial statements and required supplementary information. That report may be obtained by writing to the Florida Department of Management Services. Division of Retirement, 2639 North Monroe Street. Building C. Tallahassee. Florida 32399-1560. IT-?6 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE HNANCIAL STATEMENTS SEPTEMBER 30, 1997 16G (14) DEFINED BENEFIT PENSION PLAN (continued) Fundin,o Policy: The System is non-contributory for employees and the District is required to contribute an actuarially determined rate. During the fiscal year the rate was 17.50ck of annual covered payroll. The contributions of the District are established and may be amended by the State Legislature. The District's contributions to the System for the years ending September 30, 1997, 1996, and 1995 were $1 !.886,672, $11,659.668. and $11.065,733, respectively, equal to the required contributions for each year. (15) OTHER POSTEMPLOYMENT BENEFITS The District offers a retirement incentive program to employees. Eligibility is determined by a combination of an employee's age plus years of service with Florida Retirement System employers. Under the retirement incentive, the District pays three years of medical insurance premiums for the retiring employees and between 50% and 100% of their dependents' premiums, depending on the number of service years. The District recorded medical insurance expenditures of $198.499 for 40 employees who participated in the retirement incentive program during fiscal year 1997. Premium payments in future years will be budgeted and expended based on the number of eligible employees and their dependents. Future estimated expenditures based on current participants are summarized below: Fiscal Year Ending Emimated September 30 Expenditures 1998 $ 197.888 1999 94.733 2000 12,699 Total $ 305,320 t 16) DEFERRED COMPENSATION PLAN Thc District offers its employees a deferred compensation plan created in accordance with InternM Revenue Code Section 457. All activities of the plan are accounted for in an agency fund. The plan, available to all District employees, is administered by third-party agents and permits employees to defer a portion of their salaD' until future years. The deferred compensation proceeds are not available to employees until termination, retirement, death or certain emergencies. All amounts of compensation deferred under the plan, all property and rights purchased with those amounts, and all income attributable to those amounts, are (until paid or made available to the employee or other beneficiaD,) solely the property and rights of the District (without being restricted to the provision of benefits under the plan), subject to the claims of the District's general creditors. The District has the duty of due care that would be required of an ordinary prudent investor. Participants' fights under the plan arc equal to those of general creditors of the District in an amount equal to the fair market value of the deferred account for each participant. The District believes that it is unlikely that it will use the assets to satisfy the claims of general creditors in the future. !I-27 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 16G (14 } DEFINED BENEFIT PENSION PLAN (continued) Funding Policy: The System is non--con~ibutory for employees and the District is required to contribute an actuarially determined rate. During the fiscal year the rate was 17.50% of annual covered payroll. The contributions of the District are established and may be amended by the State Legislature. The District's contributions to the System for the years ending September 30. 1997. 1996. and 1995 Were $11.886.672. $I 1.659.668. and $11.065.733. respectively, equal to the required contributions for each year. tiS) OTHER POSTEMPLOYMENT BENEFITS The District offers a retirement incentive program to employees. Eligibility is determined by a combination of an employee's age plus years of service with Florida Retirement System employers. Under the retirement incentive, the District pays three years of medical insurance premiums for the retiring employees and between 50% and 100% of their dependents' premiums, depending on the number of service years. The District recorded medical insurance expenditures of $198.499 for 40 employees who participated in the retirement incenlive program during fiscal year 1997. Premium payments in future years will be budgeted and expended based on the number of eligible employees and their dependents. Future e~imated expenditures based on current participants are summarized below: Fiscal Year Ending Estimated September 30 Expenditures 1998 $ 197.888 1999 94.733 2000 12.699 Total $ 305.320 16) DEFERRED COMPENSATION PLAN Thc District offers its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. All activities of the plan are accounted for in an agency fund. The plan. available to all District employees, is administered by third-party agents and permits employees to defer a portion of their salaD· until future years. The deferred compensation proceeds are not available to employees until termination, retirement, death or certain emergencies. All amounts of compensation deferred under the plan, all property and rights purchased with those amounts, and all income attributable to those amounts, are (until paid or made available to the employee or other beneficiary) solely the property and rights of the District (without being restricted to the provision of benefits under the plan), subject to the claims of the District's general creditors. The District has the duty of due care that would be required of an ordinary prudent investor. Participants' rights under the plan are equal to those of general creditors of the District in an amount equal to the fair market value of the deferred account for each participant. The District believes that it is unlikely that it will use the assets to satisfy the claims of general creditors in the future. II-27 SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 (17 ~ INSURANCE ACTIVITIES The District is exposed to the various risks of loss related to tons, theft oL damage to and destruction of assets, errors and omissions, injuries to employees, and natural disasters. In 1976 the District established a self-insurance program for its workers' compensation exposure. The District is totally self-insured for workers' compensation claims. In 1986 the District established a self-insurance program for automobile and general liability claims. The District's financial exposure for automobile and general liability is limited to 5,100,000 per person and 5,200.000 per occurrence pursuant to Section 768.28. Florida Statutes. The District transfers its risk for personal and real property through the purchase of an insurance policy. The coverage is written on a 100% replacement/stated value basis, with varying refentions. The District fully insures its liability for employee and retiree medical benefits. Settled claims have not exceeded the amount of commercial coverage or the legally defined liability limits in any of the past three fiscal years. The self-insurance program is accounted for in the Internal Service Fund. Expenses relating to insurance are charged to other funds based on a cost allocation study. These expenses include actuarial estimates utilizing the Casualty Actuarial Society Statement of Principles Regarding Property and Casualty Loss and Loss Adjustment Expense. The actuarial figures are utilized to determine the amounts needed to pay prior and current year claims and to establish a reserve for catastrophe losses and for losses incurred but not reported (IBN'R) at >'ear end. The total estimated liability as of September 30. 1997 is $3,657,104 and is presented on a discounted basis using an expected investment yield of 5%. Changes in the Fund's claims liability amount for the last z:ine years ~re summarized below: Fiscal Beginning Current Claims and Year Liability Changes in Estimates Claim Payments Ending Liability 1989 5, 1.183.435 5, 575.011 $ 616.722 $ !,141.724 1990 I, 141.724 885.649 484.062 1.543.31 ! 1991 1.543.311 441.264 457.025 1.527,550 1992 1.527.550 251,149 493,930 1.284,769 1993 1.284.769 2. i 98.2 i 7 659,376 2,823.6 ! 0 1994 2.823,610 1.370,593 1.080,203 3,114,000 1995 3.114.000 1.284.380 806,643 3,591,737 1996 3.591.737 1.270.058 1.339,830 3,521,965 1997 3.521.965 1.396,322 1.261,183 3.657.104 II-28 I I i I I i I ! I i I I I I i SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 1997 (18) OTHER LIABILITIES . CONDEMNATION PROCEEDINGS The District is party to numerous lengthy condemnation proceedings (as plaintiff) and inverse condemnation proceedings (as defendant or co-defendant) regarding the taking of private lands throughout the District for public use. The court may rule that there was no taking of land by the District resulting in no liability to the District. Where a taking is ruled, the court determines the value of the land claimed by the owner and pay~nent is made to the owner upon transfer of title to the District. in such cases, all payments have been made or accrued for the year ended September 30, 1997. At September 30. 1997 the court has yet to rule on a number of proceedings for which the land value liability, if any. and title transfer date is undetermined. The District's estimated future liability for the purchase price of these lands (including attorneys' fees, interest, and other costs) is approximately $13.7 million and is recorded as a long-term liability (see Note 10) in the General Long-Term Liabilities Account Group. Should the court rule that there is no taking of land or that the value of the land claimed by the owners is lower than the amounts claimed, the estimated future liability will be adjusted at that time. When the cnurt rules that there is a taking, the District will levy the necessary taxes, then budget and appropriate funds to pay the liability to the landowner. (19) C OMMITMEA,TS AND CONTINGENCIES The District participates in several Federal and State assistance programs which are subject to financial and program compliance audits. Such audits could lead to reimbursements to the grantor agency for disallowed expenditures. However. management believes such disallowances, if any. will be immaterial. II-29 16~ 1' I I I I I 16G F~NANCIAL SECTION Combining, Ind. ividu, al Fund and Account Group F~nancml Statements and Schedules I i ! i i I I I I I I I I I I ! ! i I I I I I I I i ! I I SUPPLEMENTAL HNANCIAL INFORMATION III-1 GENERAL FUND The General Fund is maintained to account for all financial resources and transactions not accounted for in another fund. SOUTH FLORIDA WATER MANAGEMENT DISTRICT GENERAL FUND COMPARATIVE BALANCE SHEET SEPTEMBER 30, 1997 AND 1996 ASSETS C~h and l~vcs~ncms Accoun~ Receivable Duc From O~cr Governments Duc From Chhcr Funds inventory O~er Asse~ TOTAL ASSETS ti.aBILITIES AND IUND BALANCE Accounts Payable Deferred Revenue TOTAL LIA~ 1997 $32.669,406 332250 679512 163,487 11~23 70.285 $33.927,363 $3.191,041 158,609 3.349,650 FUND BALANCE Reserved Encumbrances U rtreserved Designated Subsequent Expenditures Economic Stabilization Undesignated TOTAL FUND BALANCE TOTAL LIAB ILI'I'IES AND FUND BALANCE 10.096.378 13355.704 3,635.000 17,190,704 3.290.631 30377.713 $33,927,363 III-3 16G 1996 $26.486.012 381.622 723,298 21.894 60.605 $27.673.431 S3.167.180 186.488 3,353,668 7.999.558 8,526.398 3.252.000 11.778.398 4.541.807 24.319,763 $27.673.431 Exhibit B- ! Exhibit B-2 Page 1 of 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT GENERAL FUND STATEMENT OF REVENUES. EXPENDrrURES AND CHANGES IN FUND BALANCE BUDGET AND ACIUAL FOR THE YEAR ENDED SEFFEMBER 30, 1997 VARIANCE- FAVORABLE BUDGET ACTUAL (UNFAVORABLE) Property Taxe~ Intergovernmental Interest Licenses. Permits and Fees Sale of District Property' Indirect Cosu Recovered Refund of Prior Years Expenditm'es Other Total Revenues $76.219.652 $76.791349 $571.897 1.019.045 229,819 (789.226) 2.260.000 2.824.835 564.835 2.209.750 1.811.952 (397.798) 201.000 79,970 ( 12 ! ,030) 390.583 390383 701.846 701.846 49.000 64,470 15.470 52.500 197366 145,066 82,401.530 83.092390 691,060 Administrative Executive Office Personal Services Operating C ap i',.al Outlay Total Executive Office Budget and Procurement Personal Services Operating Total Budget Office Ins'pecmr General Personal Services Operating Capital Outlay Total Inspector General Counsel Personal Services Operating Capital Outlay Total Counsel Enterprise Engineering Personal Services Operating Capital Outlay Total Enterprise Engineering 1.649.478 1.629.856 19.622 450.383 249.123 201.260 23.200 22.911 289 2.123.061 1.901.890 221.171 1.820.465 1.790.697 29.768 305.223 256.101 49.122 2.125.688 2,046.798 78.890 598.448 548.322 50.126 30.807 30.761 46 4.949 4.949 634.204 584.032 50.172 2.461.755 2.410356 51.199 1.066,866 711.986 354.880 26.927 24339 2.388 3.555 348 3.147.081 408 .467 6.187.167 6.044.113 143.054 9.125.606 7.366.157 1 Y59.449 1.724,581 1.398.379 326.202. 17.037.354 14.808,649 2.228.705 III-4 ! I I I ! ! i ! I I I I I I I i I I Exhibit B-2 Page 2 of 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT GENERAL FU?~ STATEMENT OF REVENUES, EXPENDITURF~ AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEFrEI~ER 30, 1997 VARIANCE- FAVORABLE BUDGET ACTUAL (UNFAVORABLE) Management Services Personal Services Operating Capital Outlay Total Management Services Total Administrative 5.824.868 5,665,241 159.627 6.993.630 6271 305 721.925 482.852 324,308 158344 13,301.350 12.261,254 1.040.096 38,777,205 34,749.704 4.027.501 Outreach Government and Public Affairs Personal Services 1.455.317 1,434,367 20.950 Operating 2,676.381 1.007.768 ! .668.613 Capital Outlay 32.774 32.121 653 Government and Public Affairs 4,164.472 2.474.256 1.690.216 Scr.'ice Centers Personal Services Operating Capital Outlay Service Centers 3,729,700 3.679265 50,435 5,761.284 1.521,727 4.239.557 66.544 47,307 19.237 9.557,528 5248,299 4,309.229 13.722,000 7.722.555 5.999,445 Total Outreach Construction and Land Management Personal Services Operating Capital Outlay Total Consu'uction and Land Management 28.436 489 27.947 56,177 20,984 35,193 180,000 174.636 5,364 264,613 196,109 68304 Regulation Personal Services Operating Capital Outlay Total Regulation 7,426.636 7,278,022 148.614 1,113.032 718,378 394.654 151.204 144,060 7.144 8.690.872 8.140.460 5.30.412 Continued III-5 Exhibit B-2 Page 3 of 3 $Ob'rH FLORIDA WATER MANAGEMENT DISTRICT GENERAL FUND STATEMENT OF REVENUES, EXPENDHIJRF~ AND CHANGES I~I FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEI:WEMBER 30. 1997 Operations and Maintenance Personal Services Operating Capital Outlay Total Operations and Maintenance Ecosystem Restoration Operating Capital Outlay Total Eco~stem Restoration Water'J~esource Evaluation Personal Service~; Operating Capital Outlay Total Water Resouxce Evaluation Planning Personal Services Operating Capital Outlay Total Planning Contingency Managerial Reserve Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCLNG SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BALANCE AT BEGINNING OF YEAR FUND BALANCE AT END OF YEAR BUDGET ACTUAL VARIANCE- FAVORABLE (UNFAVORABLE) 375,510 361356 13.754 419.626 349,036 70,590 18,068 15,924 2. ! 44 813.204 726.716 86,488 1,225,157 810,112 415,045 546,114 485,094 61,020 1.771.271 1.295.206 476,065 9,043,104 8A22,890 620.214 8,137,701 4,876,11M 3.261,517 649.979 450,312 199.667 17.830.784 13.749.386 4.08 ! .398 7.923,381 7,733.866 189.515 6.613.205 1,657,330 4.955.875 164,678 150.270 14A08 14.701,264 9.541.466 1.913.553 98.484.766 76.121.602 ( 16.083.236) 6.970.988 207.400 207.029 (920.067) (920.067) (712.667) (713.038) (16.795.903) 6.257.950 24.319,763 24,319.763 $7,523.860 $30,577.713 5.159.798 1.913.553 22.363.164 23.054.224 (371) (371) 23.053.853 S23.053.853 III-6 I I i I i I ! i ! I I I I I I I I i 16G I II SPECIAL REVENUE FUNDS Special Revenue Funds are maintained to account for the proceeds of specific revenue sources thai are legally restricted to expenditures for specific purposes. Okeechobee Basin Fund To account for the normal operating expenditures of the Okeechobee Basin which is an area covering all or part of fifteen counties in South Florida. Financing is provided by a .288 mill property tax levy, intergovernmental revenues, permitting fees and interest earnings. Big Cypress Basin Fund To account for the normal operating expenditures of the Big Cypress Basin which is an area covering all or pan of two counties in Southwest Florida. Financing is provided by a .198 mill tax levy and interest earnings. SWIM Fund To account for expenditures made to enhance the environmental and scenic value of surface waters as provided in Section 373.451, Florida Statutes. Financing is provided by an appropriation of the Florida Department of Environmental Protection and allocated in the District's name and deposited in the Surface Water Improvement and Management Trust Fund administered by the State of Florida. Save Our Rivers Fund To account for expenditures made to manage and restore sensitive water resource lands within the District. Financing is provided by a portion of (1) documentary stamp tax revenues appropriated and allocated in the District's name and deposited in the Florida Water Management Lands Trust Fund administered by the State of Florida, (2) regulatory fines, and (3) interest earnings. DEP Aquatic Plant Control Fund To account for expenditures made for aquatic plant control in the Kissimmee River and Upper Chain of Lakes. Financing is provided by the Florida Department of Environmental Protection. Army Corps Aquatic Plant Control Fund To account for expenditures made for aquatic plant control in Lake Okeechobee. Financing is provided by the Army Corps of Engineers. Florida Power & Light Mitigation Fund To account for expenditures made for water quality improvement in the Water Conservation Areas and Everglades National Park. Financing is provided by Florida Power & Light Company, a private electric utility. Orlando Beltway Mitigation Fund To account for expenditures made to formulate, design and implement a plan to mitigate the environmental effects on the Shingle Creek Swamp of construction of the Orlando Beltway southern corridor. Financing is provided by a grant from the Central Orlando Beltway Authority. Wetlands Mitigation Fund To account for expenditures to create new wetlands or improve alternative existing wetlands due to the destruction of designated wetlands. Financing is provided by private and other governmental contributions as part of the required permit. I I I I I i I I I I I i I ! i I I SPECIAL REVENUE FUlVDS (continued) 168 Indian River Lagoon Res[oration Fund To account for expenditures to enhance the environmental and scenic value of surface waters in the Indian River Lagoon. Financing is provided by sales of Indian River Lagoon license plates. Everglades Contributions Fund To account for expenditures made for Everglades Restoration. Financing is provided by private contributors. Intermodal Surface Transportation Enhancement Act Fund To account for revenues and expenditures associated with grant funds provided by the Federal Highway Administration through the Florida Department of Transportation. The funds will be used for detailed planning, design, and implementation of a scenic trail around the western rim of Lake Okeechobee. The District has not received any funds for this project. III-9 Exhibit C-I Page 1 of 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICt SPECIAL REVENUE FUNDS COMBINING BALANCE SHEET SEP'ITr3,iBER 30. 1997 AND 1996 .ASSETS Cash and Investments Accounts Receivable Due From Other Governments Due From Other Funds Inventory Other Assets TOTAL ASSETS OKEECHOBEE BASIN $35 346.609 522.931 870352 1.780,614 746,692 76.370 S39.543.768 BIG CYPRESS BASIN $2353.414 54.174 19.000 16.374 210 S2.643.172 SWLM $3.732.141 S3.732.141 SAVE OUR RIVERS $4.449.699 51.012 410 $4301.121 LIABILITIES AND FUND BALANCE Accounts Payable Due To Other Funds Deferred Revenue S3.621.825 450.000 TOTAL LIABILITIES 4.071.825 FUND BALANCE Fund Balance - Resev,,ed Encumbrances Construction Long-Term Management Land Acquisition Fund Balance - Unreserved Designated Subsequent Expenditures Economic Stabilization Kissimmee River Restoration Future Capital Projects Management of Lands Undesignated 11.708.005 9,479.855 3,808,000 6.200.000 4.276.083 35.471.943 $39543.768 TOT,M. FUND BAL.a2qCE TOTAL LIABILI'I'[ES AND FUND BALANCE S67.985 S210300 S98.470 16G 1 ARMY DEP CORPS AQUATIC AQUATIC PLANT PLANT CONTROL CONTROL 1.558.014 344.894 $1358.014 $344.894 $39.633 $82.661 1318.381 262233 67.985 210.500 98.470 1.558.014 344.894 407.191 1.136.842 2.858.618 4.402,651 16.121 765.290 536.833 185.000 1.000,000 88.064 2.729.215 792.426 3521,641 S3.732.141 2.575.187 $2.643.172 (16.121) · 5,4301.121 Sl.558.014 S344.894 , III-I0 I I I I I I I I ! I I I I I ! I I I I FLORIDA POWER & LIGHT MITIGATION $13.649,037 204,873 $13.853.910 $247,376 12.938.136 13.185512 26.687 641.711 668.398 $13.853,910 ORLANDO BELTWAY MITIGATION $1.750.736 $1.750.736 $ o 1.750.736 1.750.736 $1.750.736 WETLANDS M]TIGATION S7,404.468 449,486 23.917 IN'DIAN RIVER LAGOON EVERGLADES ~RATION CONTRIBUTIONS S124,968 S25.21g 123 $7,877.871 $124,968 $25,341 $ $ $ 419.037 419.037 1056O 1,871.286 1.891.931 3.105,099 306.800 273.158 7.458.834 $7.877,871 88.412 36.556 25.341 124.968 25,341 $124.968 $25.341 III-Il 16G Exhibit C- I Page 2 of 2 'rorAL 1997 1996 S69.236,290 S56.258.836 1.282.599 5.269.363 2,816,377 2.695,626 1,7g0,614 1323.933 763,066 682.212 76,990 73.798 $75.955.936 $66.303.768 $4.368,450 S2,742.282 14,718,750 1.323,933 869,037 4,609,942 19.956.237 8,676.157 15.751A81 15.446,407 1,871.286 2.210.715 1,891~31 853.475 3.105.099 IA77.146 12.252.756 20.157,672 3,993.000 3.505,000 6.200.000 3.500,000 1.000.000 273.158 218,649 9.660.988 10.258347 55.999,699 57.627.611 S75,955.936 $66,303,768 Exhibit C-2 Page I of 2 16G SOUTH FLORIDA WATER MANAGEMENT DISTRICT SPECIAL REVENUE FUN'DS COM3INING STATEMENT OF REVENUES. EXPENDrI'UR~ AND CHANGES IN' FUND BALANCE FOR THE YEARS ENDED SEPTEMBER 30. 1997 AND 1996 Property Taxes Intergovernmental Interest Licenses. Permits and Fees Sale of District Property Refund of Prior Year~ Expenditures Leases Private Donations Other Total Revenues Current Operating Administration Outreach ConstTuction and L~nd Management Operations and Maintenance Ecosystem Restoration Water Resource Evaluation Planning Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USE.q) Operating Transfers In Operating Transfers Out Capital Lease Proceeds Total Other Financing Sourccs (Uses, Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures BEGINNING FUND BALANCE ARMY DEP CORPS BIG SAVE AQUATIC AQUATIC OKEECHOBEE CYPRESS OUR PLANT PLANT BASLN B ASI~I SWIM RIVERS CONTROL CONTROL S72.864.323 $3.471.639 1.770.174 3.089.627 453.009 224.162 15.900 288,104 8,311 356,647 20,254 64.540 1,528.657 80.186.234 5.388.159 5,206.858 7.916.209 40.606.581 11.216,919 743,499 113.457 71.191.682 8,994.552 1,234.876 (2,277,198) 1.071.289 $ $ 183,790 3.415.732 6.630.602 304.081 3.969.113 19.232 249.050 695.801 247.651 926.425 77.605 183.790 4.065.700 6.630.602. 716.992 612.181 1.650 244.340 892.310 2,114.217 2.223.133 1.854.896 (2.039.343) 332.~6 ( 1,578.071 ) 4.152 710.911 2.425,237 316.003 6.319.137 S 722.714 722.714 572.201 3.456,303 6.319.137 572.201 609.397 311.465 150313 32.470 (198.910) (311.465) 28.967 (1378.071) 332.256 53.560 (311.465} 9.023319 276.825 (1.707.087) 662.957 26.448.424 2.298.362 5.228.728 3.739.694 (150313) (150.513} ENDING FUND BALANCE 535.471.943 $2.575.187 S3,521,641 $4.402.651 $ S III-12 I I I I MITIGATION i$ 760,461 I 1 760.461 1.500 491.319 492.819 I 267,642 I (12,938,136) i (12,938.136) I (12.670.494) I 13.338,892 I,$668.398 ORLANDO BELTWAY MITIGATION 1.750.736 $1.750,736 WETLANDS MITIGATION $ 428.809 4.722.909 INDIAN RIVER LAGOON EVERGLADES RESTORATION CONTRIB trrlONS 129308 1.146 230O 5.151.718 129.308 3.646 5.151.718 (2.470.229) (2.470,229) . 28.075 28.075 101.233 101233 23.735 $124,968 2.681.489 4.777.345 $7.458.834 3.646 3.646 21,695 $25,341 16G , t TOTAl. 1997 $76.335,962 12,852.320 5,037.133 4,962.971 296A15 396,133 313390 2.500 1,606.262 101.803.286 6.089.612 6.634.761 10389.097 48.740.347 12.320.419 745,149 1.278,182 86,397.567 15.405,719 1.819.602 (19.924322) 1,071.289 (17.033.631) (1.627.912) 57.627.611 $55,999.699 Exhibit C-2 Page 2 of 2 1996 S73,063.456 11367.555 4.343,527 2.026.776 272.088 717.727 284.451 21.048 87.206 92.383.834 3.368,746 5,623.362 11.008.150 49,851,845 10326.872 1.338,328 1.901380 83.618.883 8.764.951 1.107.981 (8.799,127) 822.470 (6.868.676) 1.896.275 85.731.336 $57.627.611 II Exhibit C-3 Page I of 3 SOUTH FLOR/DA WATER MANAGEMENT DISTRICT SPECIAL REVENUE FUND OKEECHOB EE BASIN STATEMENT OF REVENUES. EXPENDITURF~ AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEFFF..MBER 30. 1997 VARIANCE FAVORABLE BUDGET ACTUAL (~FNFAVO~LE) Property Taxes Intergovernmental Interest License~. Permits and Fees Sale of Dis~'ict Property Refund of Prior Years Expenditures Other Total Revenues $72.311.374 $72.864.323 $552.949 2.747.382 1.770.174 (977208) 2.684.000 3.089.627 405.627 253.000 224.162 (28.838) 50.000 288.104 238.104 356.647 356.647 56300 64~540 8,040 910.000 1.528.657 61 g .657 79.012256 80.186.234 1.173.978 Admini.~trafive Counsel Personal Services Operating Total Counsel Enterprise Engineering Personal Services Operating Capita] Outlay Total Enterprise Engineering Management Services Personal Services Operating Capital Outlay Total Management Services 334.716 275.997 58.719 706.144 281.045 425.099 1.040.860 557.042 483.818 1.239.410 1.148.898 90312 666.994 407.339 259.655 117,660 45.696 71.964 2.024,064 1.601.933 422.131 169,325 163.931 5.394 1,854.603 1.676.463 178.140 1.388.790 1.388.790 3.412.718 3.229.184 183534 6.477.642 5.388.159 905.949 Total Adminisu'ative Ouu'each 1 Government and Public Affairs Operating Total Government and Public Affairs 1,522.243 1.195.109 327.134 1.522.243 1.195,109 327,134 Page 2 of 3 I I I I i I SOUTH FLOR_IDA WATER MANAGEMENT DISTRICT SPECIAL I~VENUE FUND OKEECHOBEE BASLN STATEMENT OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE BUDG~F AND ACTUAL FOR THE Y~AR ~D£D Sh~ER 30. 1997 VARtANC£ FAVORABL£ BUDGET ACTUAL ~JN]:AVORABL£) Sc~ic¢ Centcra Personal Services Operating Capital Outlay Total Service Centers 1.456,678 1.449,821 6,857 9.36,252 2.486.804 6.769.448 78.593 75.124 3.469 10.791.523 4.011.749 6.779.774 12.313.766 5.206.858 7.106.908 Total Outxcach I ! I I I I I I I ! Construction and Land Management Personal Services Operating Capital Outlay Total Construction and Land Management Operations and Maintenance Personal Services Operating Capital Outlay Total Operations and Maintenance Ecosystem Restoration Personal Services Operating Capital Outlay Total Ecosystem Restoration Water Resoua'ces Evaluation Operating Capital Outlay Total Water Resources Evaluation Planning Operating Total Planning 7.148.013 6.850.054 297.959 1.334.628 874.110 460.518 207.306 192.045 15,261 8.689.947 7.916.209 773.738 26.275,402 25,175,394 1. 100.008 16,665.884 13.504,325 3,161.559 2,448.207 1.926.862 521.345 45,389,493 40.606.581 4.782.912 6.192.276 5,873.159 319.,' 17 9.529,009 4.755.335 4,773.674 1.077.533 588.425 489,10~ 16.798.818 11.216.919 5.581.899 1.249.659 692.326 557.333 586.786 51.173 535.61 ~ 1.836.445 743.499 1.092.946 352.167 113.457 238.710 352.167 113.457 238.716 Continued I HI-]5 Exhibit C-3 Page 3 of 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT SPECIAL REVENUE FUND OKEECHOBEE BASIN STATEMENT OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30. 1997 Contingency Managerial Reserve Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES .(USES) Operating Transfers In Opera(inS Transfers Out Capital Lease Proceeds Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BALLNCE AT BEGI2~qNYNG OF YEAR FUND BALANCE AT END OF YEAR BUDGET ACTUAL 4.399,748 96.258.026 71,191.682 (17.245.770) 8,994.552 1.360.037 1.234.876 (2.277.198) (2277.198) 1,610.326 1.071.289 693.165 28.967 (I 6552,605) 9.023.519 26,448A24 26.448,424 $9.895,819 $35.471,943 VARIANCE FAVORABLE (UNI:AVORABLE) 4.399.748 24.882.810 26.240.322 ¢125.161) (539.037) (664.198) 25.576.124 S25.576.124 111-16 ! ! I I I I ! ! I I I ! ! I I i ! I 16G 1 Exhibit C-4 page I of 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT SPECIAL REVENUE FLrND BIG CYPRESS BASIN STATEI,~ENT OF REVENUES. EXPENDITURES AND CHANGES IN FI~D BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30. 199'/ VARIANCE FAVORABLE BUDGET ACTUAL (UN'FAVORABLE~ REVENUES Property Taxes Intergovernmental Interest Licenses, Permits and Fees Sale of District Property Refund of Prior Yea.rs Expenditures $3,460,1M8 5.000 206.000 11.500 S3.471.639 S10.791 (5.OO0) 453.009 247.009 15.900 4.400 8.311 8.311 20.254 20.254 Total Revenues 3.683.348 3.969,1 ! 3 285.765 EXPENDITURF~q Administrative Big Cypress Basin AdrninLs~ation Personal Services Operating Capital Outlay Total Big Cypress Basin Administration Enterprise Engineering Operating Capital Outlay Total Enterprise Engineering Management Services Operating Total Management Services Total Administrative 203.388 214.593 (11.205) 1,636.020 281.378 1.354.642 130.477 111.788 18.639 1.969.885 607.759 1.362.126 10.400 4.121 6.279 1.240 1.240 11.640 5.361 6.279 85.312 82.681 2.631 85.312 82.681 2.631 2.066.837 695,801 !.371.036 Construction and Land Management Personal Services Operating Total Construction and Land Management 255.820 242,472 13,348 25.990 5.179 20.811 281.810 247.651 34.159 Continued III-17 Exhibit C-4 P~ge 2 of 2 SOUTH FLOR.IDA WATER MANAGEMENT DISTRICT SPECIAL REVENUE FUND BIG CYPRESS BASIN STATF2vIENT OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 1997 VARIANCE FAVORABLE BUDGet ACTUAL (I/NFAVO~ C~:~:rations and Ma~tenance Personal Services Opera:~ng Capital Outlay Total Operations and Maintenance 549,844 507,987 41.857 447,970 279,852 168.118 172,700 138.586 34.114 1.170,5 la 926.425 244.089 240,841 236.848 3.993 7,492 7.492 248,333 244.340 3.993 153560 153360 3.921.054 2.114.217 1.806.837 (237.706) 1.854.896 2.092.602 ( 1.578.071 ) ( 1.578.071 ) (1,578,071 ) (1.578,07 I) - Planning Personal Services Operating Total Planning Contingency Managerial Reserve Total Exp~:nditures Revenues In Excess of (Less Than) Expenditures OTHER F-I]'qANCI3tG SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Fb~ancing Sources (Uses) In Excess of (Less Than) Expenditures FUND BALANCE AT BEGINNING OF YEAR (1.815.777) 276.825 2.298.362 2.298.362 2,092.602 FUND BALANCE AT END OF YEAR $482,585 S2.575.187 2,092,602 III-18 I i I i I I I I I I I I Exhibit C-5 SOUTH FLOR/DA WATER MANAGEMENT DISTRICT SPECIAL REVENUE FUND SURFACE WATER IMPROVEMENT AND MANAGEMENT (SWLM) STATEMENT OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 1997 16G BUDGET S VARIANCE FAVORABLE CUNFAVORABLE) ACTUAL S 183,790 183.790 Intergovernmental Total Revenues S183,790 183,790 Service Centers Operating Total Outreach Ecosystem Restoration Operating Total Ecosystem Restoration Water R~;ource Evaluation Operating Total Water Resouxce Evaluation Planning Operating Total Planning 52.686.913 2.686.913 864.464 864,464 19,843 19,843 2,205,431 2.205.431 20.038 5.796.689 (5.796.689) 332.256 332.256 (5,464,433) 5,228,728 (S235.705) $716.992 716.992 612.181 612.181 1.650 1.650 892.310 892.310 2.223,133 (2,039,343) 332,256 332,256 (1,707,087) 5.228,728 $3,521.641 $1.969.921 1.969.921 252,283 252.283 18.193 18.193 i.313.121 1.313,121 20.038 3.563.537 3.757,346 3,757..M6 $3,757.M6 I Contingency Managerial Reserve I I Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers Out i I I Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FLrND B,~LANCE AT B EGI2qNL-NG OF YEAR ~ B.M..ANCE AT EN'D OF Y'EAR III- 19 REVENUEg SOUTH FLORIDA WA'IER MANAGEME~ DISTRICT SPECIAL REVENUE FUND SAVE OUR RIVERS STATEMENT OF REVENUES. EXPENDITURES AND CHANGES IM FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEI:~.MBER 30. 1997 BUDGET ACTUAL VARIANCE FAVORABLE (UNFAVORABLE) Intergovernmen)al Intercs! Leases Refund of Prior Yeass Expenditures Other Tot~ Revenues $2.910.000 S3.415.732 S505.732 242.000 304.081 62.~81 249.050 249.050 19.232 19.232 312.000 77.605 ( 234.395 ) 3.464.000 4.065.700 601.700 Management Services Operating To:al' Adminisuative 4A38 4.152 286 4.438 4.152 286 Servic. x: Centers Personal Services Operating Capital Outlay Total Outreach ~9.802 245.312 14.490 851.917 448.964 402.953 17.704 16.635 1.069 1.129.423 710,911 418312 Construction and Land Management Personal Services Operating Capital Outlay Total Construction and Land Management Operations and Maintenance Operating Total Operations and Maintenance Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expendittu'es FUND B AL..42qCE AT B EGE'qN'ING OF YEAR FUND BALANCE AT END OF YEAR 1.288.212 1.274338 13.674 1.758.797 1.083.997 674.800 91.077 66.702 24.375 3.138.086 2.425.237 712.849 329.907 316.003 13.904 329.907 316.003 13.904 4.601.854 3.456.303 1.145351 (1.137.854) 609.397 1.747.251 398.879 252.470 (146.409) (705.000) (198.910) 506.090 (306.121) 53360 359.681 (1.443.975) 662.957 2.106.932 3.739.694 3.739.694 ,.. $2.295~719, III-20 $4702,651 ,$2~I06~932 I I ! I I i ! I I I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT SPECIAL REVENUE FUND DEPARTMENT OF ENVIRO~AL PROTEL"TION . AQUATIC PLANT CONTROL STATEMENT OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 1997 REVENUES Intergovernmental Total Revenues BUDGET ACTUAL $7.003.224 86,630.602 7,003,224 6,630,602 EXPENDITURES Operations and Maintenance Personal Services Operating Total Operations and Maintenance Total Expendit~a'es Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BALANCE AT BEGINNING OF YEAR FUND BALANCE AT END OF YEAR Exhibit C-7 !6G I HI-21 VARIANCE FAVORABLE (UNFAVORABLE) ($372.622) (372.622) 293.105 272594 20.511 6,406,895 6.046.543 360.352 6.700,000 6.319,137 380.863 6,700.000 6.319.137 380.863 303224 311.465 8.241 (303,224) (311.465) (8.241) (303224) (311A65) (8.241) Exhibit C-8 SOUTH FLOPJDA WATER MANAG~ DISTRICT SPECIAL REVElqUE FLrND ARMY CORPS OF ENGINEERS . AQUATIC PLANT CONTROL STATEMENT OF REVENUES. EXPENDITLrRF.3 AND CHANGES IN FUND BALANCE BUDGET AND ACrUAL FOR THE YEAR ENDED SEPTENrBER 30. 1997 REVENUES Intergovernmental Total Revenues BUDGET ACTUAL S850.000 S722,714 850.000 722.714 VARIANCE FAVORABLE (UNFAVORABLE) ($127.286) (127.286) EXPENDITURES Operations and Maintenance Personal Services Operating Total Operations and Maintenance 395.761 120.346 275.415 142.934 451.855 (308.921) 538.695 572.201 (33.506) 51.292 51.292 589.987 572.201 17.786 260,013 150.513 (109300) (260,013) (150.513) 109.500 (260.013) ( 150.513) 109300 Contingency Managerial Reserve Total Expenditures Rcvcnucs In Excess of (Less Than) Expcnditures OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BALANCE AT BEGINNING OF YEAR FUND BALANCE AT END OF YEAR $ __ $ ,S III-22 ii ii IIIII IIIII III II I III I ! I ! I I I ! I ! i i I ! i I i I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT SPECIAL REVENUE FUND FLORIDA I:K)WER & LIGHt' MITIGATION STATEMENT OF REVENUES, EXPENDFFURES AND CHANGES 13l FUND BALANCE BUDGET AND ACTUAL FOR TH£ YEAR ENDI:'D S£FI'E,h~ER 30. 1997 BUDGET $ 16G ACTUAL S760.461 760.461 VARIANCE FAVORABLE (UNFAVORABLE) Interest Total Revenues $760.461 760.461 Management Services Operating Total Administrative 1500 1.500 1,50O 1.500 Ecosymm Restoration Operating Capital Outlay Total Ecosystem Restoration 125.000 456.741 581.741 1.091,259 1.674.500 (1.674.500) (12.938.136) (12,938,136) 105.000 386.319 491.319 492.819 267.642 (12.938.136) (12.938.136) 20,000 70,422 90.422 1.091.259 1.181.681 1,942.142 Contingency Managerial Reserve Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANC15NG SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BALANCE AT BEGI~N'N'ING OF YEAR FUND BALANCE AT END OF YEAR (14,612.636) 13.338.892 (12.670.494) 13.338.892 (Sl.273~744) : $668~398 1.942.142 $1~942!!42 HI-23 Exhibit C-9 SOUTH FLORIDA WATER MANAGEMENT DISTRICT SPECIAL REVENUE FUND ORLANDO B ELl'WAY MITIGATION STATEMENT OF REVENUF~, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30. 1997 BUDGET ACTUAL $ $ $ VARIANCE FAVORABLE (UNFAVORABLE) REVENUES Total Revenues EXPENDFFURES Consmiction and Land Management Capital Outlay Total Construction and Land Managemen! $1.750.000 1.750.000 1.750.000 (1.750.000) $1.750,000 1.750,000 1.750.OOO !.750.000 Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BAL.4~NCE AT B EGI]~NING OF YEAR FUND BALANCE AT END OF YEAR (1.750.000) 1.750.736 $736 1,750.736 S 1 ~750:736 1.750.000 S1:750.000 III-24 I I ! I i I I I I I I I I I I ! I ! SOUTH FLORIDA WATER MANAGEMENT DISTRICT SPECIAL REVENUE FUND WETLANDS MITIGATION STA~ OF REVENUES, EXPENDFFURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30. 1997 .REVENUES Interest Licenses. Permits and Fees Total Revenues BUDGET ACTUAL S $428.809 2,628.825 4.722.909 2.628,825 5,151.718 Service Centers Operating Total Ouu'each S10.560 I 0.56O $6.800 6.800 17.360 2.611.465 (2.628.825) (2.628,825) Consu-uction and Land Management Operating To'al Cons~-uction and Land Management Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sou/ces (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BALANCE AT B EGENrN'p,,'G OF YEAR FLFND BALANCE AT END OF YEAR (17.360) 4.777.345 S4.759,985 5.151.718 (2.470.229) (2.470,229) 2.681.489 4.777.345 S7,458.834 III-25 Exhibit C-I 1 16~ 1 VAR/ANCE FAVORABLE (UNFAVORABLE) $428.809 2,094.084 2.522.893 S10.560 10.560 S6.800 6.800 17.360 2.540.253 158.596 158.596 2.698.849 2.698.849 Exhibit C-12 SOUTH FLORIDA WATER MANAGEMENT DISTRICT SPECL~ REVENUE FUND INDL&N RIVER LACK)ON RESTORATION STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEFI'EbIBER 30. 1997 1 ntergovernmental Total Revenues BUDGET AC'I~AL 5104.088 $129.308 1 04.088 129.308 VARIANCE FAVORABLE (UNFAVORABLE) S25.220 25,220 Planning Operating Total Planning 127.250 28.075 99.175 127.250 28.075 99.175 127.250 28.075 99.175 (23.162) 101.233 124.395 Total Expendilures Revenues In Excess of (Leas Than) Expenditures OTHER F1NANC'~G SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Fhnancing Sources (Uses) In Excess of (Less Than) Expenditures FUNq::) BALANCE AT B EGINNLNG OF YEAR FUND BALANCE AT END OF YEAR (23.162) 101.233 23.735 23.735 $573 $124.968 124,395 $124~395... III-26 I I I I I i I I I I I I ! I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT SPECIAL REVENUE FUND EVERGLADES CONTRIBUTIONS STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEP'TEM~ER 30, 199'/ Interest Private Donations Total Revenues BUDGET ACTUAL $! .146 23O0 3.646 :3.646 Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (q3ses) Revenues and Other F~nancing Sources (Uses) In Excess of (Less Than) Expenditures FUND BALANCE AT BEG~G OF YEAR FI.~'D BALANCE AT END OF YEAR 21,695 $21 ~695 3.646 21.695 $25~341 III-27 Exhibit C-13 16G 1~ VARIANCE FAVORABLE (UNFAVORABLE) $1.146 2.500 3.646 3.646 3.646 S3.646 Exhibit C-14 SOUTH FLORIDA WATER MANAGEMENT DISTRICT SPECIAL REVENUE FUND INTER,MODAL SURFACE TR.M'~SPORTAT]ON ENHANCEMENT ACT STATEMEN'r OF REVENUES. EXPENDITURES AND CHANGES LN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30. 1997 REVENUES Intergovernmental Total Revenues BUDGET 5445.000 445.000 ACTUAL 16g 1' VARIANCE FAVORABLE ( UNFA VOIL. kB LE (5445.000) {445.000} EXPENDITURES Service Centers Opcraling Total Outreach 445.000 445.000 445.000 445.(~Y,) 445.000 445 .()CS} Total Expenditures Rc',,cnucs In Excess of (Less Than l Expenditures ()THER FINANCING SOURCES (USES') ()pcrating Transfers In ()pcratin:.: Transfers ()ut Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BAL.&NCE AT BEGINNING OF YEAR FUND BALANCE AT END OF YEAR III-28 SOUTH FLOKIDA WATER MANAGEMENT DISTRICT ALL SPECIAL REVENUE FUNDS STATEMENT OF REVENUES. EXPENDrrURES AND CHANGES IN I=UND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPIT. MBER 30. 1997 Exhibit C-15 REVENUES Proper~y Taxes Intergovernmental Interest Licenses. Permits and Fees Other Total Revenues EXPENDITURES Current Operating Adm inistrative Out'each Construction and Land Management Operations and Maintenance Ecosystem Restoration Water Resource Evaluation Planning Contingency Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FI2,I.~G SOURCES (USES): Operating Transfers In Operating Transfers Out Capital Lease Proceeds Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BALANCE AT BEGINNING OF YEAR FUND B.~LANCE AT END OF YEAR III-29 BUDGET ACTUAL VARIANCE- FAVORABLE (UNFAVORABLE) $75.772.222 S76.335,962 S563.740 14.064.694 12,852.320 ( i .212.374 ) 3.132.000 5.037.133 1.905.133 2.893.325 4.962.971 2,069.646 1.328.500 2.6 i 4.900 1.286.400 97.190.741 101.803.286 4.612.545 8550,417 6.089.612 2.460,805 16~85.662 6,634,761 9.950.901 13.866.643 10.589,097 3.277346 54.128.609 48.740.347 5.388.262 18.245.023 12.320,419 5~24.604 1.856288 745.149 1,111,139 2,933.181 1.278,182 1,654,999 5,715,897 5,715,897 121.881.720 86.397.567 35A84.153 (24,690.979) 15.405.719 40,096,698 2.091.172 1.819.602 (271.570) (20.690.467) (19.924.522) 765.945 1.610.326 1.071,289 (539,037) (16,988.969) (17.033.631) (44.662) (41.679,948) (1.627.912) 40.052.036 57.627.611 $15.947.663 57.627.611 $55,999~699 $40.052~036 lSa 1 III-30 i ! I I i I I I I I I I I I I I I CAPITAL PROJECTS FUNDS 16G Capital Projects Funds are maintained to account for financial resources to be used for the acquisition or construction of major capital facilities. District Fund To account for capital expenditures on projects associated with district-wide functions. Financing is provided through transfers from the General Fund. Okeechobee Basin Fund To account for capital expenditures on projects benefiting the Basin. Financing is provided through transfers from the Okeechobee Basin Special Revenue Fund. Big Cypress Basin Fund To account for capital expenditures on projects benefiting the Basin. Financing is provided through transfers from the Big Cypress Basin Special Revenue Fund. Save Our Rivers Fund To account for capital expenditures for the purchase of'sensitive water resource land and principal and interest payments on special obligation land acquisition bonds. Financing is provided through allocations from the Preservation 2000 Trust Fund and a portion of (I) documentary stamp tax revenues appropriated and allocated in the District's name and deposited in the Florida Water Management Lands Trust Fund administered by the State of Florida, (2) regulatory fines, and (3) interest earnings. Everglades Trust Fund To account for capital expenditures to construct six storm water treatment areas to cleanse stormwater run- off from the Everglades Agricultural Area (EAA) through naturally occurring biological and physical processes. Additional objectives include hydroperiod restoration and water supply. Financing is provided through a. I00 mill tax levy, non-ad valorem assessments to property owners in the EAA, State and Federal contributions, and interest earnings. Federal Emergency Management Agency Fund To account for capital expenditures on projects funded by the Federal Emergency Management Agency. Florida Bay Fund To account for capital expenditures associated with restoring a more natural quantity, distribution, and timing of flows to Florida Bay. III-31 Exhibit D- 1 Page I of 2 16G SOUTH FLORIDA WATER MANAGEMENT DISTRICT CAPITAL PROJECTS FUNDS COMBINING BALANCE SHEET SEPTEN~ER 30. 1997 .M'q'D 1996 ASSETS Cash and Investments Accounts Receivable Due From Other Governments Due From Other Funds Other Assets TOTAL ASSETS LIABILYITES AND FUND BAL-XNCE Accounts Payable Due To Other Funds Due To Other Governments Deferred Revenue TOTAL LIABILITIES FUND BALANCE Fund Balance - Reserved Encumbrances Fund Balance - Unreserved Designated Subsequent Expenditures Undesignated TOTAL FUND BALANCE TOTAL LIABILITIES AND FUND BALANCE OKEECHOBEE BIG CYPRE.~S SAVE OUR DISTRICT BASIN BASLN RIVERS $275.366 S275,366 $20.252 20.252 $5.852.462 509,855 175 $6.362.492 $283.601 509.855 793.456 $4,283.875 $4.283.875 $64.495 $9~.~90.89~ 348.964 $92.639.856 S990.484 206.992 5.368.200 34.293 255.114 5275.366 III-32 $6.362.492 $4.283.875 $92.639.856 5.569.036 4.219.380 86.068,190 1.597.808 3.743.583 853.011 956.649 254.678 76,507.163 220,821 3.014.5,79 221.119 8.708.016 64.495 6.571,666 ! I ! I I I I I ! I tl ! ! EVERGLADES TRUST FUND $92.356.555 971.396 290,748 12.938.136 ~0.000 $106.806,835 510.357.676 10.357,676 7,268.703 58.289.861 3O.890.595 96.449.159 $106.806.835 FEDERAL EMERGENCY MANAG~ AGENCY 426,502 .5426.502 $277,513 163.487 142,529 (157.027) (14.498) S426.502 FLORIDA BAY $7.417.897 25.636 $7.443.533 892,889 1.530.166 5.020.478 7.443333 $7,443.533 III-33 TOTAL 1997 1996 $202,477.047 1.345.996 1.227.105 12.938.136 250.175 $218.238.459 S183.333.866 1.355.288 11.322.420 555.679 $196.567.253 $12.000.021 163,487 206.982 5.878,055 18.248.545 $4 .551.330 9.897.689 14.449.019 20.468.656 76.248,257 66.014.429 113~06.829 199.989.914 83.217.531 22,652.446 182.118.234 $218.238.459 $196.567.253 16G Exhibit D-I Page 2 of 2 Exhibit D-2 Page i of 2 16G 1 SOUTH FLOR.IDA WATER M)~AGE1V[ENT DISTRICT CAPiTAL PROIECTS FUNDS COMBLYLNG STATEMENT OF REVENUES. EXPI::NDITURES AND CHANGES IN FUND BALANCE FOR THE YEARS ENDED SEPTEMBER 30. 1997 AND 1996 Ad Valorem ~oper~. Taxes Agricultural I'Yivilege Taxes Intergovemmental Interest Sale of District ~opcrS' Refund of Prior Year Expenditures tea~es Other Total Revenues Current Operating Adminis~afive Construction and Land Management Operations and Maintenance Ecosystem Restoration Capital Ouday Debt Service Principal Reth-ement Interest and Other Fiscal Charges Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers Out Proceeds of Bond Issuance Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND B.M-ANCE AT B EGhNN~fiNG OF YEAR FUND B.~ANCE AT END OF YEAR OKEECHOBEE BIG CYPRESS SAVE OUR DISTRICT BASH BASIN RIVERS S $ S S 60.958 17.215 24.000 78.173 24.000 63.949.442 4.871.085 352.044 27.672 90.508 197.935 69.488,686 486 14.765 11.000 47,817 30.143 435 3,411.664 173.758 1.634.014 1598.376 668.942 1.682.317 1.81~.04~ 669.377 (1,682.317) (1.738.869) (645.377) 76.022.773 1.735.000 4,437.070 85.617.507 (16.128.821) 587.811 2.277.198 1.315.401 2.738.121 (248,000) ¢790.709) 587.811 2.029.198 1.315.401 1.947.412 (1,094.506) 290.329 670,024 (14.181.409) 1.349.620 5.278.707 3.549,356 100.249.599 $255.114 S5.569.036 .$4.219.380 S86.068.190 III-34 I I i I I I I I I I ! I I I I I I I I EVERGLADES TRUST FUND $25.327.208 12.859.770 17.000.000 5.101.711 45.838 12.294 550.645 60.897.466 1.041.468 1.151.551 6.044.216 31.810.168 40.047.403 20,850.063 12.938.136 (8,5O0.000) 4,438.136 25.288.199 71.160.960 S96A49,159 FEDERAL EMERGENCY MANAGEMENT AGENCY S 768.608 768.608 34.426 1.278.672 1.313.098 (544,490) (544.490) 529.992 (S14,498) FLORIDA BAY 98.144 98.144 1.154.611 1.154,611 (1.056,467) 8.500.000 8.500.000 7.443,533 $7,443,533 II II TOTAL 1997 1996 $25.327.208 12.859.770 81.803.008 10.088.155 397.882 39.966 641.153 197,935 $24.316.183 12.890,414 73.609,032 9.575.420 528.672 28.638 93.424 100.149 131.355.077 121,141,932 1.102,145 4.641.610 7.372.585 I13,012.945 1.735.000 4.437.070 132.301.355 (946.278) 1.330.293 4.384.086 553.006 5.940,727 I12,838,581 215.000 2.957.479 128.219.172 (7.077.240) 28,356.667 (9.538.709) 18.817.958 16.689,623 (9.092.196) 34.967.988 42,565.415 17.871.680 182.118.234 5199.989,914 35.488.175 146.630.059 $182.118.234 IH-35 Exhibit D.2 Page 2 of 2 Exhibit D-3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT CAPITAL PROJECTS FUND DISTRICT STATEMENT OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 1997 REVENUES Intcrgovcrnmental Total Revenucs BUDGET ACTUAL $ $ $ VARIANCE FAVORABLE (UNFAVORABLE) Manago'nent Services Operating Total Adminis~'ative 486 486 486 486 Construction and Land Management Operating Capital Ouday Total Construction and Land Management 118,826 1,818.111 1.936,937 1.937,423 (1.937,423) 587.811 587.811 47,817 1,634,014 1.681.831 1.682.317 (1,682,317) 587.811 587.811 71,009 184,097 255,106 255.106 255.106 Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USES) Opm'ating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUN'D BALa2,ICE AT BEGI~N'NING OF YEAR FUND BAL.-MNCE AT END OF YEAR (1.349.612) 1,349.620 58 (1,094.506) 1.349.620 SZ55.114 ~5.106 ~255.106 III-36 I I I ! I I i i I I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT CAPITAL PROIEC~S FUND OKEECHOBEE BASIN STATEMENT OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEFrEMBER 30, 1997 Intergovernmental Interest Total Revenues En t~rl::n"ise Engineering C~rating Total Enterprise Engineering Management Servic~ Operating Total Management Services Total Administrative Construction and Land Management Operating Capital Outlay Total Consu'uction and Land Management Ecosystem Restoration Operating Capital Outlay Total Ecosystem Restoration Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BAL.ANCE AT B EGI]N'NLNG OF YEAR FUND BALANCE AT END OF YEAR S12.500 S60.958 17.215 12300 78.173 Exhibit D4 16G 1 VARIANCE FAVORABLE {UNFAVORABLE) 548.458 17215 65.673 III-37 S759.676 $5.569.036 $4.809,360 42.000 13.765 28.235 42.000 13.765 28.235 1.000 1.000 1.000 1.000 43.000 14.765 28.235 165.023 30.143 ! 34.880 4.852.706 1.598.376 3.254.330 5.017.729 1.628.519 3.389.210 348.000 348,000 1.152,000 173.758 978.242 1.500.000 173.758 1.326.242 6.560.729 1.817.042 3.431.563 (6.548.229) (1.738.869) 3.497.236 2.277,198 2.277,198 (248.000) (248.000) 2.029,198 2,029.198 (4.519,031 ) 290,329 4.809.360 5.278.707 5.278,707 SObWH FLORIDA WATER MANAGEMENT DISTRICT CAPITAL PROIECTS FUND BIG CYPRF~ BASI~' STATEMENT OF REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30. 1997 Intergovernmental Total Revenues BUDGET ACTUAL S 134.000 S24.000 134.000 24.000 VARIANCE FAVORABLE (U'b,TAVORABLE) ($I !0.000) ( I 10.000) Construction and Land Management Operating Capital Outlay Total Construction and Land Management 352.100 435 3.608.705 668.942 3.960.805 669.377 3.960.805 669.377 {3.826.805) (645.377) 1.315.401 1.315.401 1.315.401 1.315.401 351.665 2.939.763 3.291.428 3.291.428 3.181A28 Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of(Less Than) Expenditures FUND BALANCE AT BEGINNING OF YEAR FUND BALANCE AT END OF YEAR (2.511.404) 670.024 3.549.356 3.549.356 3. ! 81.428 .037.952 .$4.219. 380 $3.181.428 III-38 II I I I I I I I I I I I I I I I I .i ! REVENUES SOUTH FLORIDA WATER MANAGEMENT DISTRICT CAPITAL PROJECTS FUND SAVE OUR RIVERS STATEMENT OF REVENUES. EXPENDITURF_3 AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ~'qDED SEPTE.M3ER 30. 1997 Intergovernmental Interest Sale of District ProperS' Refund of Prior Years Expenditures Leases Other Total Revenues 5118.462.150 2.623.000 VARIANCE FAVORABLE (UNFAVORABLE) S63.949.442 (S54.512.708) 4 371.085 2.248.085 352.044 352.044 27,672 27.672 90.508 .00.508 197.935 197.935 121.085.150 69.488.686 (51.596.464) EXPENDITURES Counsel Operadng Total Counsel 261.155 261.155 '261.155 261.155 16.500 11.000 5.500 16.500 11.000 5.500 277.655 11.000 266.655 8.260.427 3.411.664 4.848.763 207.671.985 76.022.773 131.649.212 215.932.412 79.434.437 136.497 .975 1.735.000 1.735.000 4.437.033 4.437.070 (37) 6.172.033 6.172.070 (37) 222.382.100 85.617.507 136.897.958 I 01.296.950) ( 16.128.821 ) 85.301.494 3.034,946 2.738,121 (296.825) (856.200) (790.709) 65.49 ! 2,178.746 1.947.412 (23 ! .334) (99.118.204) ( 14.181.409) 84.936.795 100.249.599 100.249.599 Management Services Operating Total Management Services Total Administrative Construction and Land Management Operating Capital Outlay Total Construction and Land Management Debt Service Principal Retirement Interest and Other Fiscal Charges Total Debt Service Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers Out Total Olher Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BALANCE AT B EGINN"LNG OF YEAR FUND BALANCE AT END OF YEAR SI.131.395 S86.068.190 S84.936.795 III-39 Exhibit D-7 Page 1 of 2 16G 1 REVENUES SOUTH FLORIDA WATER MANAGEMENT DISTRICT CAPITAL PROIEC'rS FUND EVERGLADES TRUST FUND STATEMENT OF REVENUES. EXPENDrTURES AND CH.auN'GES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30. 1997 BUDGET ACTUAL VARIANCE FAVORABLE (UNFAVORABLE) Ad Valorem Property Taxes Agricultural Privilege Taxes Intergovernmental Interest Sale of District Property Refund of Prior Years Expenditures L,~a3es Total Rcvcnucs S25.108.116 12.880.532 7.500,000 1.431,000 190.000 47.109.648 $25.327.208 12.859.770 17.000,000 5.101.711 45.838 12,294 550,645 60.897.466 S219.092 ~20.762) 9,500.000 3.670~11 45.838 12294 360.645 13.787.818 Budget and Procurement Operating Capital Ouday Total Counsel 59,431 7.800 67.231 159.726 499.356 659.082 40.667 755.744 796.411 1.522.724 55.373 7.704 63.077 108.829 110.890 219.719 10.848 755.528 766.376 1.049.172 4.058 96 4.154 50.897 388.466 439.363 29.819 216 30.035 ~73~52 Counsel Personal Services Operating Total Counsel Management Services Personal Services Operating Total Management Services Total Adminislxative Construction and Land Management Personal Services Operating Capital Ouday Total Construction and Land Management 479.812 4.181.617 34.146.756 38.808.185 478.833 672.718 29.357.410 30.508.961 979 3.508.899 4,789.346 8.299224 Ecosystem Restoration Personal Services Operating Capital Outlay Total Ecosystem Restoration 1.362.552 11.102.691 36.667.713 49.132.956 1.295.436 4,748.780 2.445.054 8.489.270 67.116 6,353.911 34.222,659 40.6~3.686 III-40 I I I I I I I I I I I I I I I I I I 16G 1 Exhibit D-7 Page 2 of 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT CAPITAL PROJECTS ~ EVERGLADES TRUST FUND STATEMENT OF RE~ES, EXPENDrI'URES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30. 1997 VARIANCE FAVORABLE BUDGET ACT1JAL {UNFAVORABLE) 15.671.352 15.671.352 105,135.217 40.047.403 65.087.814 (58.025.569) 20.850,063 78.875.632 13.200.806 12.938,136 (262.670) (8.500.000) (8300.000) 4.700.806 4.438. ! 36 (262.670) Contingency Managerial Reserve Total Expenditures Revenues In Excess of fLess Than) Expenditures OTHER FIN.aJqCING SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenue~ and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BALANCE AT BEGINNING OF YEAR FUND BALANCE AT I:ND OF YEAR (53,324.763) 25.288.199 71.160,960 71.160.960 78.612.962 $17.836.197 $96.449.159 $78.612.962 III-41 Exhibit D-8 REVENUES Intergovernmental Total Revenues EXPENDITUR Eq Executive Office Operating Capital Outlay Total Executive Office Enterprise Engineering Capital Outlay Total Enterprise Engineering Management Services Capital Outlay Total Management Sep,'ices Total Administrative Service Centers Capital Outlay Total Outreach Construction and Land Management Capital Outlay Total Construction and Land Management Contingency Managerial Reserve Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCING SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BAI_ANCE AT BEGINN~G OF YEAR FLrN'D BALANCE AT EN'D OF YEAR SOUTH FLORIDA WATER MANAGEMENT DISTRICT CAPITAL PROJECTS FUND FEDERAL EMERGENCY MANAGEMENT AGENCY STATEME~'r OF REVENUES. EXPENDITURES AND CHA~NGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEM~ER 30. 1997 BUDGET ACrUAL $1.829.774 $768.608 1,829.774 768.608 16G VARIANCE FAVORABLE (UNFAVORABLE) ($1.061.166) (1.061.I 66) 35.537 34.426 1.111 73,985 67.946 6.039 109.522 102,.372 27.000 27.000 85,000 221,522 102.372 1.707.158 1.210.726 1.707.158 1.210.726 31.352 2.360.032 1.313.098 (530.258) (544.490) (530.258) (544,490) 529.992 529,992 {$266) . , ($14~498) 7.150 27.000 27.000 85 85,000 119.150 400.000 496.432 496.432 31.352 1.046,934 ' 14.232) ¢ 14,232) (S 14.232) III-42 Exhibit D-9 REVENUES SOUTH FLORIDA WATER MANAGEMENT DISTRICT CAPITAL PROJECTS FUND FLORIDA BAY STATEM]ENT OF REVENUES. EXP~--NrDFI'URES AND CHANGES IN FL~'D B;d. ANCE BUDGET AND ACTUAL FOR THE YEAR ENDED SEP3'~g'[BER 30. 1997 BUDGET $. ACTUAL $98,144 98,144 VARIANCE FAVOR. ABLE (U'NFAVORAJ~ LE) Interest Total Revenues 598.144 98.144 Ecosystem Restoration Operating Capital Outlay Total Ecosystem Restoration 3.052,000 300.000 3.352.000 500.000 500.000 4.648.000 8,500,000 (8,500.000) 8500.000 8300.000 1.154,611 1.154.611 1.154.611 (1,056.467) 8.500,000 8,500.000 1.897.389 300.000 2.197.389 500.000 500.000 4.648.000 7.345.389 7.g43.533 Planning Operating Total Planning Contingency Managerial Reserve Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FINANCI2,,'G SOURCES (USES) Operating Transfers In Operating Transfers Out Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures FUND BALANCE AT BEGI]X/NLNG OF YEAR FUND BALANCE AT END OF YEAR 7.443.533 $7,443.533 7.443.533 S7.443.533 III-43 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ALL CAPITAL PROJECTS FUNDS STATEMENT OF RE~,~N1JES. EXPE~'DITURES AND CHANGES Rq' FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR I-I-I-I-I-I-I-I-I-I~NDED SEFq'EMBER .~). 1997 REVENUES Property Taxes Intergovernmental Interest Other Total Revenues Current Operating Administrative Construction a6~ ].~nd Management Ecosystem Restoration Planning Capital Outlay Debt Service Principal Retirement Interest and Other Fiscal Charges Contingency Total Expenditures Revenues In Excess of (Less Than) Expenditures OTHER FfiNANCI2qG SOURCE,'; (USES): Operating Transfers In Operating Transfers Out Total Other Financing Source~ (Uses) Revenues and Other Financing Sources (Uses) In Excess of (Less Than) Expenditures BUDGET ACTUAL VARIANCE- FAVORABLE fUNFAVORABLE) $37,988.648 S38.186.978 S 198.330 127.938.424 81.803.008 t46.135.416) 4.054.000 10.088.155 6.034.155 190.000 1.276.936 1.086.936 170.171.072 131.355.077 (38,815.995) 1.871.602 I.i02.145 769.457 13.557.805 4.641.610 8.916.195 15.865,243 7.372385 8.492.658 500.000 500,000 292.518.919 113,012.945 179305.974 1.735.000 1,735,000 4.437,033 4.437.070 (37) 20.350.704 20.350.704 350.836.306 132.301.355 218334.951 (180.665.234) (946.278) 179.718.956 28.916.162 28.356.667 (559,495) (9.604~00) (9~38,709) 6q.491 19.311.962 18.817.958 (494.004) (161.353.272) 17.871.680 179.224.952 FUND BALANCE AT BEGIN%'ING OF YEAR FUND BALANCE AT END OF YEAR 182.118.234 $20.764.962 182.118.234 S199.989.914 S!79.224.952 III-44 SOUTH FLORIDA WATER MANAGEMENT DISTRICt CAPITAL PROIECTS FUND SCHEDULE OF ACTIVITY BY REVENUE SOURCE AND PROJECr ELEMENT EVERGLADES TRUST FUND PROIECT INCEPTION THROUGH SEPTEMBER 30. 1997 Ad Valorem Property Taxes Agricultural Privilege Taxes Alligator Alley Excess Toll Revenues Interest Sale of Dis~ct Property Refund of Prior Years Expenditures Tot~ Revenues INCEI~ION FISCAL THROUGH yEAR SEPTTa~ER 30. 1996 1997 $69.319.117 $25.327.208 25.904.840 12.859.770 17.000.000 8.582.852 5.101,711 202.707 45,838 12.294 550.645 104.009.516 60.897.466 16G Exh' it D-II INCEPTION THROUGH SEPTEMBER 30. 1997 $94,646.325 38.764.610 17.000.000 13,684.563 248.545 12.294 550.645 1 64.906.982 I I I I I ! I ! I I I ! General Everglades Construction Support STA 1 East STA I West STA 2 STA 3/4 STA 5 STA 6 Acquisition of Mitigation Land Public Use of STAs for Recreation 298 Districts and 715 Farms Improvements Preliminary Design of Everglades Construction Rotenberger Restoration WCA-2A Hydroperiod Restoration West WCA-3A Hydroperiod Restoration Northern L-8 Basin Improvements Envkonmental Impact Statement Property Appaiser and Tax Collector Fees Agricultural Privilege Tax Support Total Expenditures Revenues In Excess of Expenditures OTHER FINANCING SOURCES (USES) Operating Transfers In: From the Preservation 2000 Trust Fund and the Water Management Lands Trust Fund From Florida Power & Light Mitigation Operating Transfers Out: Alligator Alley Excess Toil Revenues One-half to Florida Bay Restoration Fund Total Other Financing Sources (Uses) Revenues and Other Financing Sources (Uses) In Excess of Expenditures 977.601 1.599.270 14.3.'14.305 5.912.047 19.621.528 4.664.398 8.102.961 8.176.007 19.368.032 230.740 116.194 15.712.177 76.779 2.315.097 232 2.441 182 123.882 307.102 794.153 50,634 172,606 219.640 16.700 989 1.800 1.108 8.954 7.332 164.207 53.912 1,681.576 739.305 109.350 55.204 65,671.042 40.047.403 38.338.474 20.850.063 31,760,622 1.061.864 I2.938.136 32.822.486 $71T160.960 III-45 4.438.136 S25.288.199 2.576.871 20.246.352 24.285.926 16.278.968 19.598.772 15.828.371 2.391.876 2.673 182 430.984 844.787 392.246 17.689 2.908 16286 218.119 2.420.881 105.718.445 59.188.537 31,760.622 14.000.000 (8300.000) 37.260.622 S96,449.159 AGENCY FUNDS Agency funds axe maintained to account for assets held by the District in a trustee capacity and/or as an agent for individuals, private organizations, other governments and/or other funds. Deferred Compensation To account for the accumulation of resources to be used for certain payments to employees as del'meal in the deferred compensation plan. Resources are conMbuted by the District and employees. Payroll To account for salaries and the various withholdings and employer contributions of the District. Resources are provided by each District fund which has employees assigned to it. III-46 II SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGENCY FUNDS COMBINING BALANCE SHEET SEPTFdv~ER 30. 1997 AND 1996 ASSETS Ptx;Icd Cash and InvcstmenL, Deferred Compensation lnvestmcnts TOTAL ASSETS DEFERRED COMPENSATION S 154.695 21.255.815 166 1' Exhibit E- I TOTAL PAYROLL 1997 1996 LIAR FLITIE.~ Acc.unL, Payable Deferred Compensation TOTAL LIABILITIES $8.411,205 $8.565.900 $7.869.086 21.255.815 15.260~55 S21.410.510 S8,411.205 S29.821.715 S23.129.641 S8.411.205 21.410.510 S21.410.510 III-47 S8.411.205 $8.411.205 $7,742.077 21,410.510 15.387.564 S29.821.715 $23.129.641 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGENCY FUNDS COMBINING STATEMENT OF CHANGES IN ASSETS AND LJABILITIES FOR THE YEAR ENDED SEPTE,%~ER 30. 1997 DEFERRED COMPENSATION BALANCE OCTOBER I. 1996 ADDITIONS DELETIONS ASSETS Pooled Cash and Investments Deferred Compensation Investments TOTAL ASSETS LIABILITIES Deferred Compensation TOTAL LIABILITIES PAYROLL ASSETS Pooled Cash and Investmentx TOTAL ASSETS LIAB ILITIEq Acct~unts Payable TOTAL ~ABIL~S TOTAL ALL AG~CY FUNDS ASSETS Pooled Cash and Investments Deferred Compensation Investmenks TOTAL ASSETS LIABILITIES Acco~ nt~ Payable Deferred Compensation TOTAL LIABILITIES $127.009 $7.145.794 (.$7.118.1081 15.260.555 6.257.597 (262.337) $15.387.564 $I 3.403.391 (57.380.4451 BALANCE SEPTEMBER 3(I. 1997 $154.695 21.255.815 S21.410.510 $15.387.564 $9.451.341 ($3.428.395! $21.410.510 $15.387.564 S9.451.341 (S3.428.3951 ($240.669.551) $7.742.077 $241.338.679 $21.410.510 $8.411.205 S7.742.077 $241.338.679 ($240.669.5511 $8.4il.205 $7.742.077 S139.446.593 S139.446,593 57.742.077 38.777.465 ) ($138.777.4651 $8.411.205 $8.411.205 $7.869,086 $248,484.473 ($247.787.659) $8.565.900 15.260.555 6.257.597 (262.337) 21.255.815 $23.129.641 $254.742.070 ($248.049.996) $29.821.715 $7.742.077 $139.446.593 ($138.777.4651 $8.411.205 15.387.564 9.451.341 f3.428.395) 21.410.510 :,, (S 142.205.8601 $23.129.641 S148.897.934 S2~.821.715 III-48 1 I I I I I I I I I GENERAL FIXED ASSETS ACCOUNT GROUP General Fixed Assets are those fixed assets used in governmental fund type operations. These exclude assets accounted for in a proprietary fund. To be classified as a fixed asset, a specific piece of property must possess the following attributes: (1) be tangible in nature, (2) have a life longer than one year, and (3) have a value of $500 or more. 111-49 16G I Exhibit F-I SOUTH FLORIDA WATER MANAGEMENT DISTRICT GENERAL FIXED ASSETS ACCOUNT GROUP COMPARATIVE SCHEDULE OF GENERAL FIXED ASSETS BY ~OURCE SEPTEMBER 30, 1997 AND 1996 GENERAL FIXED ASSETS Land Buildings Equipment Improvements Water Control Structures Construction In fh'occss 1997 $512.957.366 36.585.668 71.984.272 10.155.330 413.428.819 12.958.243 S1.05g.069.698 1996 S411.926.970 35,124.397 73.688.279 10.013.353 4(19,252.548 832.600 $940.838.147 INVESTMEN'T ~ GENERAL FIXED ASSETS BY SOURCE Bonds and Notes Capital Budget Appropriation State Programs Donations Other Financing. Unclassified - Fixed Assets Acquired ih'ior to 1991 $65.785.970 249.806.957 376.744.514 18.330.574 14.422.926 332.978.757 .058.069.698 S49.459.929 177.835.658 312,821.245 15.368.649 14.422.926 370.929.740 $940.838.147 III-50 ~D Z .< 0 0 III-52 ! I I I i I I I ! I I I i I I I I I I I I ! I I I ! I I I I I I I I I I ! GENERAL LONG-TERM LIABILITIES ACCOUNT GROUP A self-balancing group of accounts established to account for the unmatured portion of special obligation debt, compensated absences and other long-term liabilities. Ili-53 16G 1' Exhibil O-I SOUTH FLORIDA WATER MANAGEMENT DISTRICT GENERAL LONG-TERM LIABILFFIES ACCOUNT GROUP COMPARATIVE BALANCE SHEET SEPTEMBER 30. 1997 AND 1996 AMOUNT TO BE PROVIDED FOR RETIRE.M~NW OF LONG-TERM LIABILITIES 1997 $I13.949.721 1996 $124.069.121 GENERAL LONG-TERM LIABILITIES Land Acquisition Bonds Scries 1993 (Exhibit G-3) Series 1995 (Exhibit Seric~ 1996 (Exhibit G-5) Condemnation and Other Claims Capital Leases Compensated Absences $35.615.000 16.795.000 34.665.000 87,075.000 13.692,500 1.672.221 11.510,000 $113.949.721 S35.835.000 17,975.000 35,000.000 88,810.000 24.155.000 774.121 10,330.000 $124~69.121 1II-54 I I I I ! I I I I I I I I I I I I I SOUTH FLORIDA WATER MANAGEMENT DISTRICT GENERAL LONG-TERM LIABILITIF~ ACCOUNT GROUP COMPARATIVE STATEMENT OF CHANGES 12q GENERAL LONG-TERM LIABK,FI'IE,g FOR THE YEARS ENDED SEPTEMBER 30. 1997 AND 1996 1997 Balances at Beginning of Yeax $124.069.121 Additions: Series 1996 Land Acquisition Bonds Compensated Absences 1.180.000 Capital Leases 1.071.289 Total Additions 2.251.289 Retirements of Land Acquisition Bonds: Series 1993 (220.000) Series 1995 (1.180.000) Series 1996 (335.000) Other Reductions: Capital Lease Payments Condemnation and Other Claims Total Reductions (173.189) (10.4621500) (12.370.689) Balance,; at End of Yeas $113.949.721 III-55 16G 1 Exhibit G-2 1996 S150.584.000 35.000.000 830.0~} 822.470 36.652.470 (215.000) {48.349) (62.904.000) (63.167.,M9) S124.069.121 Exhibit G-3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT GENERAL LONG-TERM LIABILITIES ACCOUNT GROUP SCHEDULE OF SPECIAL OBLIGATION LAND ACQUISITION BONDS SERIES 1993 AT SEPTEMBER 30. 1097 PRINCIPAL PAYMENT INTEREST PRINCIPAL BALANCE DATE PAYMENT PAYMENT OUTSTANDING 10/01/97 04/01!98 10/01/98 04/01/99 10/01 !99 04 i01 !00 I 0/0110(J 04/01/01 I0/01/01 04/01/02 10101/02 04/01/03 I Off) 1/0 3 04/01 ,'04 I 0i01 ,'04 04/01/05 I O/O I/05 04/01/06 I I)/U I/06 ~ ~/01/07 I 0/01/07 04101/08 10,/() 1/08 04/01/(~) l l)fiJI/(~) /g/OI/lO I0/01/10 rg!O I / 11 I0,'01/1 l 04,'01,,'12 10/~)1/12 fN-/Ol/13 I UIO I:! 3 I)4/¢)I/14 10/01/14 (N..,'Ol/15 10/01/!5 TOTAL $921.101 916.501 916.501 911.401 911.401 905.901 9O5.90 900.051 900.051 893.841 893.841 887.144 887.144 880.064 880.064 872.469 872.469 864.344 864.344 gl 7.844 817,844 747.469 747,469 669 669.900 588.394 588.394 502.425 502,425 411.994 41 1.994 316.706 316.706 216.563 216.563 111.037 111.037 525.749.197 S230.000 240.000 250.000 260.00O 270.000 285.01')0 295.000 310.000 325.000 1.860.000 2.815.0OX) 2.955.000 3.105.000 3.275.000 3.445.000 3.630.0O(~ 3.8 ! 5.0610 4.020.O00 4.230.00(} S35.615.000 S35.385 35.385 Otto 35.145 003 35.145 0O() .'14.895 34.895 O()0 34.635 000 .t4.635 0(~} 34.365 000 34.365 000 34.080.000 M.O80.OA10 33.785.000 33.785.000 33.475.OOO 33.475.0O0 33.150.(100 33.150.OOO 31.290.0O() 31.290.0(10 28.475.000 28.475.O(10 25.520.0(K) 25.520.(KK) 22.415 22.415 19.140.O(.~) ! 9.140.000 i 5.695.0O0 15.695.0(10 12.065,000 12.065.0(X) 8,250,0(10 8.250.0(~) 4.230.0(I~ 4,230.0(~ III-56 I I ! I I I I I I I I I I I I I I I I SOUTH FLOR/DA WATER MANAGEMEBrr DISTRICT GENERAL LONG.TER31 LIABILITIES ACCOUNT GROUP SCHEDULE OF SPECIAL OBLIGATION LAND ACQU1SH1ON BONDS SERIES 1995 AT SEPTE~fltER 30. 1997 PA YMENT INTEREST PRINCIPAL D ATE PA~I .'MENT PAYMEN'r 10/01/97 04/01/98 10/011~98 04/01/99 10/01 ~ ~4/01/00 10/01/0o {~/01/01 lO/OI/Ol 1~/01~02 10/01/O2 (~/01/03 10/01/03 04/01/04 10/01 04/01/05 10/01/05 04/01/06 10/01 ,'06 TC)TA L $381.250 356.095 356.O95 328.523 328.523 299.228 299.228 260.958 260.958 219.332 219.33t 174.712 174.712 127,125 127.125 76.125 76.125 20.625 20.625 $4.106.695 $1.290,000 1.345.000 1.395.000 1.780.000 1.850.000 1.940.000 2.025.000 2,125.000 2.220.000 825.000 $16,795.000 III-57 16B Exhibit G4 I~INCIPAL BALANCE OUTSTANDING 15.505 15.505.000 14.160.00{} 14.160.000 12.765 12.765.000 10.985.000 10.985.000 9.135,000 9,135,000 7.195,000 7.195.000 5.170.000 5.170.000 3.045.000 3.045.000 825.000 8~.000 SOUTH FLOR. IDA WATER MANAGEMENT DISTRICT GENEP, AL LONG-TERM LIABILITIES ACCOUNT GROUP SCHEDULE OF SPECIAL OBLIGATION LAND ACQUISITION BONDS SERIES 1996 AT SEPTEMBER 30. 1997 PAYMENT INTEREST PRINCIPAL DATE PAYMENT PAYMENT 10/01/97 04/01/98 10/01/98 04/01/99 10/01/99 O4/01/00 10/01/00 04/01/01 10/01/01 04,'01/02 I 0/01/02 (~/01/03 10/01/03 O4/01/04 10/01/04 O4/01/05 10/01/05 04/01/06 I0/01/06 04i01/07 10/01/07 ~/01/08 10i01/08 04/01/09 10/01/09 O4/0 I,'I 0 10/01/10 IM/OI/I 1 I0/01/11 10/01/12 114/01/13 1~/01/13 (M/OI/I4 10/01/14 (M/OI/15 10/01/15 TOTAL S900.173 860.977 860.977 817,818 817,818 769,967 769.967 725,719 725.719 677.778 677.778 648.379 648.379 616.774 616.774 583.149 583.149 546.939 546.939 508.458 508.458 466.595 466.595 a21.769 421,769 373.484 373.484 321.786 321.786 266.155 266.155 206.850 206.850 141.750 141,750 72.~00 72.900 S18.954.667 S2.010.000 2.080.000 2.175 1.945.000 2.040.000 1.225.000 1.290.000 1.345.000 1.420.000 ! .480.000 1.565.000 1.645.000 1.740.000 1.830.000 1.935.000 2.045.000 2.170.000 2.295.000 2.430 S34.665.000 PRINCIPAL BALANCE OUTSTANDING 535.385.00O 35.385.0~) 35.145.0OO 35.145.000 34.895.000 M.895.000 34.635.000 .'M.635JXYO 34.365.000 .M.365.000 34.080.000 M.080.000 33.785.000 33.785.000 33.475.000 33.475.00~ 33.150.000 33.150.000 31.290.000 31.290.000 28.475.0O0 28.475.000 25.520.000 25.520.000 22.415.000 22~15.000 19.140.000 19.140.000 15.695.ff~ 15.695.000 12.065.000 12.065.000 g.250.0(~ 8.250.000 4.230.000 4.230.(X~ III-58 [ [ I I IIll I Ill Il [lllll[ [ [[ [ [ [ [ Inlllll Ill I I I I I I I I I I I I I I i ! I I I 16G STATISTICAL SECTION 1 SOUTH FLORIDA \V:\TER N[~NAGEMENT DISTRICT I I I I I I i I DEMOGIL~.PI41C INDICATOP~q FISCAl. YEARS ENDED SEPTEMBER 30 EXHIBIT H-I 3.5c/;. 2.8c/t 2.1~ 1.4c/~ 0.7c/f 0.(~;' 198~ 1989 1990 1991 1992 1993 1994 1995 1996 1997 ANNUAL % INCREASE IN POPULATION Source: University of Florida Bureau of Economic and Business Research Population growth during the 1990s is expected to be slower than was experienced in the 1980s. This decline is due to a decrease in the number of individuals in the U.S. population who typically move to Florida: people reaching retirement age and those in their twenties. Despite this moderate slowdown in population growth. South Florida will continue to be one of the fastest growing areas in the United States. Count)' 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Browzu'd 1.213.655 1.242.448 1.255.488 1.278.384 1.294.090 1.317.512 1,340,220 1.364.168 1.392.252 1.419.709 "Charlotte 43[, 445 451 462 470 483 485 487 48~' 494 Cr,llmr 134.4D1 144.721 152.099 161.600 ]68.514 174.664 180.540 186.504 193.036 i 200.024 Dade 1.838.183 1.868.355 1.937.1'195 1.961.694 1.982.901 1.951.116 1.990.445 2.013.821 2.043.31e, 2.070~;73 Glades 7.495 7.765 7.591 7.922 8.135 8.269 8.366 8.551 9.413 9.648 Hendr.,, 25.45- 26.138 Zq.773 27.231 27.844 28.061 28.686 29.497 30.157 30.308 ' H ~ghland.,, 0,.412 6.674 6.61r~ 6.849 6.999 7.101 7.358 7.495 7.566 7.708 Lee 307.52~, 324.520 335.113 344,032 350.809 357.550 367.410 376.702 383.'/0'~ 394.244 Martin 92.43h 96.636 100.900 103.083 105.031 106.780 110.227 112.036 114.464 116.359 Monroe 77.00.~ 78.966 78.024 79.536 80.968 81.766 82.252 83.401 q3.789 84.743 Oke¢chobee 28.762 '~t ~ '~ ,,)._4, 29,034 29.563 31.102 31.758 32.3Zq 32,855 33.643 34.746 Orange 11_.2,.1 120.924 1'5.271 129.739 131.838 134.639 136.931 140.408 143.848 148.627 * D,;ceola 93.555 97.100 107.171 114.411 119.760 125.675 131.111 136.627 139.724 143.828 Palm Beach 831.14t:, 864.194 863.518 883.044 896.970 918.223 937.190 962.802 981.793 1.003.684 "Polk I 1.2¢Y) II .492 11.339 11.612 Il .785 12,038 12.242 12.408 12.676 12.850 St Lucie 135.296 143,214 150.171 155.121 158.937 163,192 166.803 171.1611 175,458 179.133 Total 4.918.238 5,062.934 5,185.648 5.294.283 5.376.153 5.418,827 5.532.591 5,638.922 5.745.327 5.856.678 Annual 3.30¢; 2.94% 2.42q~ 2.09% 1.55% 0.79~ 2.10~ 1.92~ 1.89'i 1.94~ ~,3 Increase 1 I I I I I Amounts shown represent population only for the portion of the count>' within District boundaries. IV-I EXHIBIT ! 1-2 7O 65 6O 55 ~ 50 45 4O 35 30 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 ANNUAL RAINFALL Source: SFWMD Meteorologist Annual Rainfall Normal Rainfall Since thc drought which ended in 1991. the District hag received rainfall greater than or equal to the historical average of 52 inches. For the current fiscal year rainfall was slightly higher than the District's historical average. 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Annual Rainfall 43 43 43 58 54 55 57 66 52 53 IV-2 ~tf2_ ~ I')I...,R )(;kAl }ilt~ INDIC' .\'FC'~R< ["!S:' %,! '~'f.-\R:, l:.Nlq~.I: .Kt:I¥I'IL',IBi.Z ~.~ lgXx 19,~9 1990 1991 1992 199.1 I{)9.1 1995 1996 1997 RESIDENTIAL WATER USE S(uJrcc: SFWMI) \Valet I'sc Division The challenge ol managing S()uth Fh:rida'.,, water resources while pn:viding fi)r gr(mlh needs ()I the future make', iht u~c ,tlId ~tmscrval,m ~I water a maj~)r indicator Io gauge. Thc increase in rcsidenlial waler use is pr.p, mional t~ the growth in p.pulation .f the District. ¢,,unl> 1988 1989 ] 199~) t991 [ 1992 i993 l~v4 19% , I I I . I I I I i' I',I ....... Ix 246 37 ~.19 lf)~ 24~141 251 7fl 25555 ' ('h:,rl~,ftc ,,~ tiS[. ~)~ (~j {)ti (:9 ()9 {)9 J i , ~ (i.:dc~ 1.3t; 1-12 1.47 1.43 1.53 i 55, 1.56 I ~Xl, I 6i I 74 ~ , ~T(qalMili~,,vGalS'nxPc:Day 89c,,% 92955 9588v ux~)lo 1112.56 1.~}13331 1.~12-1.51~ I '; .;\il]{:Urll>, :.;ll()',,Vll rcp/csenl residential ~aler usc ilrll~' J()r the p{)rtion ()1' Lhe ct)unlv within District houri lanes. IV-3 UNEMPLOYMENT RATES S~mrce: Fh ~ritJa Statislical Abstract. Fh~nda Dcpartmenl ~I LaN~r and Employment Securilx [] District ~ Horila [] United Sta~es 1989 !990 1991 1992 1993 1994 1995 1996 1997 The D~siric[. as a ,.,.'he,lc. has expericnccd a consislenllv higher unemployment rate th~m both Florida and lhe L'niled Sta~es..Although ~l~e District unemployment rate decreased in 1997. the than_ocs in the urmmphLvmenl rate~, varied lr,,m o,un[v t(, c.,unt,,'. The ran_ce of rates in 1997--from '~ .~c; in Monroe coumv Io 2().9"7, in ttendrx ~)un[~.--iy iIh. Jl,Jall'.,'C (}I' thc, diverse nature ol econnmic conditions within the District's sixteen t.'oUllly expanse C, LHIiy Bt, ;v. Ch~trh~:~c C,,lllcr DAdo Gl;Ides )r Heath Poik D:strlCt At er:t,_,¢ Fh~rida A;crae¢ t L'm:c,l Sta:c., Avera:zc 4.3'{ 199; 7.4 c} 7.2~ ?. 9 '; ×..~ 5; 4.n,; I 4.4'?; r~ .{ 15; 7 [ 5.9';~ I ~.4,,; Ill. l q; 7.3g I ,~o2 1993 6.9~ 7.2'~ 7 '~.2':; IV-4 PER CAPITA INCOME illld J~IIMIIC*,~, l)ala i', unav',dhdqc [] I)Lqrk I J l':l,~r~,la ["1 I 'niled Thc :p. erage Dlstricl pers(mal inctmie per capila is sli~hlly hi~her than lh{~sc ,~1 [:h,rMa arm thc I tmlcd JLacJl ~,t thc sixteen o,unl~cs has experienced qead> per capila illu~lllC gn~th ~t'r Iht Icll kL';tr peri, M: h,,w?v:r. (;lade, and Hcndr~ ('{~UlllX ~Jl,,kkcd a Might decrease m lJlo JaleM year. SI[IL'c thc J)lstricl's per Caplla (" I:.c; 21.5' 2 22.19~ 22.47'~ ' 7'.f l~ P, ::X111 iSl°l' i I)I:.MC)( ill:\Pt II:' [XDI¢::\'I'()IiX Fl.<r:.\l. YEAR.< [:×DED ~EI'Tt:.\IBf:R 3~, $303 $2OO Sl0O S50 $o $297 $256 .q24;, S24i S242 $185 1991 1992 1993 1994 1995 1996 1997 1998 ASSESSED VALUE OF TAXABLE PROPERTY Sources: Pr()peny Apprai,~crs Since ad yah,rem laxe~ rcpresenl tile largest pt,rlj(}n of revenue for tile DistrJcl. thc Ircnds in property value assc~,sments arc an imp(mant .¥auge of fiscal stability. For liscal )'ear 1998 tile assessed value of taxable property ~rew by 5.99~;~. The Mmv ?w.'th in 1993 and 1994 was attributable to a decline in file reassessmcnts of tile value {~1 c{mmlercial property due to high vacancy rates, coupled with property destruction of Hurricane Andrew in 1992. 199fl 1991 1992 j 1993 1t,5~4 *'1'-~~-,3,~_/ ......... 5241 lift; ' A.:~sc:scd v,lluc h,r each f. sca] .','car rcprescnls thc assessed value as ()f Januar,,' Isl ~,t lh¢ pri,r calendar year. F~r example. FY Io9S rcprcsenls the assessed value as of Januarx 1. 1997. IV-6 I S~ ~: "!'1I I"l.( )Rll)..\ \~'..\'1'1:'I~, NI..\N:\(;[L\II-'NT DISTRICI' I i i I i I I ! I i I I I ! I I I DEMO(;P~-\I~HIC INDIC..VF()RS ["ISC.-\I. YI:...XRS ['~NDED SEPTt£:dBILR 31~ F~XJ IlBIT f 1-7 ~) 53o- $20- $1{I- 1988 1989 199(I 1991 1992 1993 1994 1995 1996 1997 ASSESSED PROPERTY VALUE PER CAPITA Thc_~."'c',, ,~ increase in the assessed propcrtx, value per capita in 1997 over the 1996 level indica;es ihal the ?,x,.'d~ in assessed pr~pcrty values outpaces the 1.949 population growth 1or 1997. This indicator measures the rosp~Hlsi\ ¢i'lO'q,~ ~1 the lax base ti) changes in ec'(}llOlIliC conditions. 1 g.'qS ; I 199(~ J 1991 q. I ×t, 1992 5.376 1993 5.419 J 1994 5.533 99 I ASSESSED PROPERTY VALUE Tot,L: Per .C:qm.: [:1C rC;I:~C ; .~--", l')~ 5239.655 , ~,.4'2 q;':l - 1,,; J 4.N~/; ' 544.387 5241.714 $43.61% '~"5 $-· .661 $45.3 .6, .48 ..'32.'.41.4Ol ~-:7.x75 2.7~g EXHI BIT H-8 SO[,:TH FLORIDA \'(:AT~R .MA~NAG F~MF~NT~I~.q~RirT~I ~ DEMOGRAPHIC INDICATORS FI.qC..\I. 'fEARS [(XDI.'.D SF. PTFMBER 3~t 12ck 8~ 6% ASSESSED TAXABLE PROPERTY VALUE CHANGES BY COMPONENT 4%- Sources: SFWM D Budget Office 2%- 0c~ -4% 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 [] Reassessrnents ~ Net Additions Because ad valorem taxes represent a substantial share of the District's revenue, changes in property value are important to assess. The growth in property values within the District is attributable to a mix of new construction and additions and reassessment of existing property. Net new additions, which are a measure of business activity', represented increases in assessed value of 2.72% and 2.81% for fiscal years 1997 and 199:',i. respectively. Reassessments. which can be an indicator of taxpayers' continued ability to pay property taxes. accounted for increases in assessed value of 2.11 c~ and 3.18c~ for the same two )'ear period. 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 Increase In Assessed Value" 7.33c/c 11.I 1c7, 9.51~ 6....¢4G 0.35~ 0.49~ 5.77~ 4.63~ 4.83t'7,, 5.99¢; Net Ne~ Additions (!) 4.20c'/c4.38c/,,3.68c/r 3.60~ 2.48~ 1.92/q 3.22c/c 2.26c/, 2.72~ 2.81 Rc:tsscssment Of Existing Property 3.1.1.% 6.72~ 5.83~ 2..'14~(2.13~) (1.43~ 2.55c'J 2.37% 2.11c~ (l) Represents new construclion, additions to structures, annexations, deannexations, and other adjustments. * Assessed value for each fiscal )'ear represents thc assessed value as of January 1st of the prior calendar ),ear. For example. FY 199,~ represents the assessed value as of January. 1. 1997. IV-8 ,q, O1 "D t t' t.(-)RIDA \'('.VI'}.'.R M.,\N,.\(;E:,fF. NT DISTRI(7I' I I I I I I I ! i I DEMOGR.APHIC INDICATOR.'; FISCAl, TEARS IL.'<t~F£~ SE:Aq'EMBtLR 3~ I:.X! IIBIT I I-'~ 16G 1' 30 25- 15' Ill- 5- ........ :.:...> i':: ': :: ::: 73i r': ":':':: .... ', i :::'::': ;;-~: ']' . _ --' !i ! [::!:i!: : "': '- ::-: "Z; · ' '.: .ii :': :::: -:;ii:, : i : . -- i} -- :: -- .'::'i:i: ~- -- !?:!:;i -- :::::':;!:q::'>:::: -- ::'::':::;~..: -- :: -- -- [ ::.:i i :':::'!il >. :,::: 7 !i':i ::i:[: ::i :.: - :, .::.: 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 EMPLOYEES PER 100,000 POPULATION Although the District's staffing levels have somewhat paralleled thc District's population growth over the ten ye:u- period reported t,ere, the growth in the number of employees is more closely correlaled m the expanding responsibilities assignel by legislative mandate. I I ! i I i i1999 1 r 1.233 I 1.289 Numhcr~f Employeest 199(~ 1991 1992 1993 1994 1995 199~, 1997 1.651 1.332 1.425 1.471 1.517 1.620 1.651 i.651 Populatirn 4.'~1823815.062.97,415.185.~4~t5.294.283 5.376.153[5.418.827 5332.59115.63~.92215.745.327i5.,Xqq.t, TX IV-9 SOt:TH FLORIDA WATER XL.\NAG EM ENT I')1:~'I'I.~I{ 7F EXHIBIT I-1 I~VEN U E IN DICATORS FISCAl. YEARS ENDED SEPTEMBER 3(I $60 S50 $30 $20 -- $10 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 GOVERNMENTAL FUNDS REVENUES PER CAPITA Sources: Audited Financial Statements. University of Florida Bureau of Economic- and Business Research. [] Other Revenues [] Property Tax Revenues The growth in revenues per capita through 1992 was attributable in part to the growth in intergovernmental revenues, a non-property tax source, which resulted from expanded responsibilities as a result of legislative mandates and delegation from the State of Florida. In 1994 ad valorem tax revenues increased due to thc millage increase for Everglades restoration. The property tax increase in 1995 - 1997 resulted primarily from an increase in assessed valuations and a 1997 increase in ad valorem millage rates for alternate water supply projects. TOTAl. REVENUES (Thousands) Properv:' Tax Revenues $80,913 $96,826 $107,161 $117,169 $124.799 $125,750 $139.351 $158,682 $177.318 $19'1.314 ( )thor Revenues 34.837 29,158 37.760 59.419 70,848 68.2"12 - "'~" 82.731 108.898 6/._o_ 124,936 'I'ot.flF, cvcnues $I15,750 $125,984 $144.921 $176,588 $195,647 $193,962 $206,583 $241.413 $286.216t$316.250 ',, Increase (Decrease) 20.9"'o 8.8% 15'0°" 21'9c ~' &5tt, 16.9'% 18.6'% 5.533 5,639 5,745 :',,857 Pop ulauon 4.9 t 8 ";, Increase 3.30" ,, 5,o63 2.94~b 5,186 2.420, ;, 5,294 2.09'% 5.376 1.55o'o 5.419 0.79", 2. I 0"., 1.9. ',, 1.89",',, I. 94" ,, Properv/TaxRevcnues] ~16.45 ()'&er RevenuesI 7.08 Total Revenues $23.53 PER CAPITA REVENUES $,9.1_ $20.66 $2321 $23.20 $25.19 $28.13 $32.67 5.76 7.28 13.18 12.59 12.15 14.67 ,"1.33 $24.88 $27.94 I$22.13 11.22 $33.35 $36.39 $35.79 $37.34 $42.80 $30.86 18.96 $49.82 $54.00 IV. 10 I t, I I --I IIII S(.)U'D l lvI.ORID:\ WATER .~'L'XNAG EMENT DISTRICT I ! I I ! I I I I I i I i I I I I REVENUE INDICATORS FISCAl. YEARS ENDED SEPTEMBER 30 EXHIBIT I-2 16G 1 350 3O0 250 200 $196 15o 50- $316 $286 $194 S207 S241 0 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 GOVERNMENTAL FUNDS REVENUES BY SOURCE [] Other · Permits ~ [] lnte rest [] Intergovernmental [] Property Taxes Although property taxes continue to comprise the largest share of revenues, its percentage of total revenue has dropped from 69.9c~ in 1988 to 60.5~ in 1997. The significant increase in intergovernmental revenues, which expanded from a Iow of 14.2% in 1989 to 30.0% in 1997 is due in part to funding for expanded functions assigned the District. [n 1992 and 1993. the District received substantial revenues from Florida Power & Lien for water quality improvement projecL'~. The receipt of these funds caused the sharp increase in other revenue for ~ese two years. REVEN I.'E SOURCE 1988 1989 1990 1991 199'2, 1993 1994 1995 1996 1')97 ,.rT'hou~ andO S80.913 $96,826 $107,161 $117.169 $124.799 $125.750 $139,351 $158,682 $177.318 $191,314 Property Taxes 69.9" ,~ 76.9' o 73.9% 66.4°,'0 63.8% (,4.8% 67.5°'0 65 77;., 62.0% 60 5% $26,016 $17,873 S20,846 $45,080 $41.I70 $44,906 $49.300 $62.2928 $85,580 S94,885 Intergovernmental 22.5~: 14.2°,'o 14.4% 25.5% 21.0% 23.2°,0 23.9% 25.8% 29.9% 300% 56,477 58.957 $11.404 S10.208 $9,410 $8,819 $9,139 $13,847 $16,413 $17,950 In~erest 5 6"~ 7.1'.'o 7.9~0 5'8~' c 4'g'v° 4-6°6 4.40/0 5 · 8c,/t, 5.7q',. 5.7%, Permits $1.251 $1,42,0 $1,812 $2.135 $2,759 $2.534 $4,887 $3,652 $6,775 1.07,'o 1.0% 1.0~' o 1.1% 1.4°0 1.2% 2.0% i. 3 °.,',, 2. I% $2,344 $1,077 $4,061 $2,319 $18,133 $11,728 $6.259 $1.769 $3.253 S5,326 2.~'~. 08%, 2.8% 1.3'% 9.30,,'0 6 0% 3.0% 0.7% I. ! % 1.7% I Tolal $115,750 $125.984 $144.921 $176,588 $195,647 $193,962 $206,583 $241,413 $286,216 $316,250 100.0°'a 100.0~/o 100.0'% 100.0% 100.0°,% 100.0% 100.0% 1000% ! 00.(Y?,, 100.0% IV-Il S( ~1 "I'i~ FI.¢ ~RID.\ \~'..\T[:R .\[.\N.-\( ;[.];,I[(NT I)I.<TRI,' T I(:<) {I BiT $101 $£0(1 --$ ',-~ 5175 SV5 i u,',,', ] t~,S,~ I~) 19t~[ 1992 Jgt;l IO~-i 1995 1996 1997 PROPERTY TAX REVENUES Ad ~al,,rcm pn,pcn5 l~xes comprise ibc largest revenue sour;e t.r the Diqricl. From It~'~x I~, Im)~ Ibis, rc,.enue ,,(mrcc de.l:ned ~n pr,'pon,,n h, t~tal revenues. Huwevcr. beginning in 1994. ad valorem properly faxes increa.4ed a> a pr,~p~rt~tm ~d' lol.d revenue, due to lhe increased millage rate necessaD' lor Everglade,~ resloralhm. In additi(m, tl~e DJ,trio! began levying an agricultural privilege lax for Everglades rests)ration in 1995 which ..ubstasuiall', morea,ed .,,llecti, n, (d' property laxes lmm agricuhural lands in Hendr)' and Palm Beach countie.,,. I i')r) ~ 52' ,.7-,, $33.~14 .~3(,.:,,S4 S..l ql, 11£i -.-TI, 13 'q 161 184 221 3,821 4.__ 4.443 2.2s i ' <-~ ~ 3, 187 .<.31 - -i 441 ,%673 ; :-':: 'LT73 4.1,9£ $158.6,S2 I 2'¥,'2 3.655 ~ Sl 2.q.75,' $13r;,351 4,466 51'7'7.,318 $I~,'.161 '..:::, ,,;::r. -!', ,",':: r:.pr~-,vnt ?r,;pcrv..' taxes ,,nlv 17' I S(~ "['H FL()RID.-\ \\'ATER MANAGEMENT DISTRICT I I I I I I i I I I REVEX I.' E I N D I C:\TORS I"ISC..\I. ~I'EARS tLNDED SEPTEMBER EX,t IIBIT 1-4 166 1' ~oz4 PROPERTY TAX 90!4 so,.,,. REVENUES ,~ov~ PRINCIPAL ~c~,; COUNTY sc;,.~, TAXPAYERS 3c,.~ [] Dade 2C% O Bmward ~o',,;. [] Palm Beach 0% [] Other 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Palm Beach. Brm, vard. and Dade countic~ have consistently gcncraled thc grcatcr I',)rtion ()1 pr.perry tax revenues over the ten .,,ear period, comprising 71c;- ol total tax revenues in 1997. bul declining from 7451 in 198,~. Pahn Beach ctmnty m',~v pays the second largest amount and percentage of taxes, primarily due to the levv ol agricultural privilege tares heginning in F%' 1995. l'roperp..' Tax Revenue Collecuons rI'housands; Percent ,~f'l'otal l'ropcrry Tax Rcvcnuc I I I I I I ! I ( .~ O U :I 1'%' Broward ' "~harlott, Collier Dado (;lades t'[c~:drv · [ [~ghlands .Martin ' ~ )kv=clmbce ' ( )range ' ()sccol,t l~aim Beach 'Polk St Luc~= 'Fo ra] 1988 517,843 1997 S36.584 1988 22.I)5O.o 15 38 .~2° o 2.917 8,450 3.61% .:,4,. )_ 50,356 30, 02% 134 211 375 2,664 5,6It, 13,953 5.565 _..81 1,92027'~. [ 4,79~ ~ >~l '" · 170 o .46% .11"o 6.93~ 0 2.38% lqO7 19 12",, { ~ 112" f) 2,G.32" o "5 ~o ) 2'7" ,, 3.835 1",91~ 4.74% 5 3'°, i.362 3,773 1.68% 1.97o. 17,521 48.296 21.65~i 25.25°. 15ti 284 .10gb · =,.86 4,697 S80.913 $t91.314 2.83% 100.00°,'o -.46o ,, I I h ',l 4 }" ',, · .'\mou~:ts strewn rc[,rcscnt prupcm.' taxes unlv for the poruon of the county within Dsstrlct boundancs IV-13 SOt 'T}t FI.ORIDA \VATER .\[.,\NA(;I,~MI.]NT I)IS'I'RI~ 'T l:..Xt IIBIT 1.5 REVENUE INDICATORS FISCAL x,'t:Al{S ENDED SFPTEMI~,I.2R 16G /~.35 ()._? 1998 1989 1990 1991 1992 1993 1994 1995 1996 1997 DISTRICT PROPERTY TAX RATE ~ Tax Rate Levied '-=-' Maximum Rate The maximum District property tax rate has been .320 mills since 1988. Thc actual rate has varied IYon, a h)v,' (4 225 mills in 19~8 ~(, a high of .284 mills in 1990 and 1997. In 1997. the District tax rate was increased by .025 mills from 1996. rcsuhine from an increased lex,.,,, for alternate water supply projects. Mills 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 District Tax Ralc Levied n '~'~ ~ ~ ...... 0.~% 0.284 0.250 0.248 0.248 ('}.233 0.239 0.259 0.28.I IV- 14 SOl 71tt FI,OPdD,\ \'CATER NL.\N:\GEMENT DISTRICT RE-VENUE INDICATORS FISCAL YEARS ENDED SEPTEMBER 3(1 b.'Xl IlBIT 1-6 0.6 0.5 0.4 0.3 0.2 0.1 1988 1989 19~ 1991 1992 I~3 1994 1995 1996 1997 BASIN PROPERTY TAX RATES Okeechobee Basin r--'lBig Cypress Basin Maximum Rate Ad valorem property taxc rates for Okecchobee and Big Cypress Basins during the ten year period reported ,,,,'crc bclow the statutory cap of .480 mills. In 1997 the rates for each basin remained the same as in 1996. AD VALOREM PROPERTY TAX RATES LEVIED 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Okeechobee Basin 0.272 0.275 0.263 0.297 0.299 0.299 0.364 0.358 0.388 0388 Big Cypress Basra 0.126 0.138 ~.138 0.155 0.157 0.150 0.303 0.182 0.198 {}.198 I{XiI!BIT I-- RF. v1.2< I '[: ! N [)I,' :..VI'() R S l'l.<,' \l. Yl'..\k.' "-; I{NI)](I') 51.:l'q't:.:dtH.'.R . 8% 7% 6% 5% 2% 2% 1% ~991 '992 :993 1994 1995 1996 1997 INVESTMENT YIELDS El District Y~eld --Benchmark (SBA~ This table sh~,~, the rate (,f return on investments managed by the Dislricl..Alter inlerCxl ralcs gradual]~ declined Ir,~nl l~)S~ tim,ugh :994. the interest rates and interest revenue increased substanlialh' m fiscal year Itlq~. Thc ctqnparis{,n uf District r.~tcs with the henchm~k yield indicates thal the Disuicl has generally received a raw ,d re*urn Ih:ti i% higher than lhe benchmark. i t99! I 1992 I 1993 I I994 I 1995 i 1996 1 199',] INVESTMENT BALANCES (MIl. LIONS} A'.cragc t $103 $125 $128 / $141 ' $1% I , DISTRICT ANI) BENCIIMARK (SBA) CIIMI'ARISIINS $14,'4 , !, r),,,c~, t;,t m,:l,Mc :nt,,.rcq c.trn:ng~, .,n thc W:tter N']i. tll;l,~'2lllCill Lands Trust Ftmd. thc Prc.,,cr:at:on 2111111 'rru.,,: FIIII',}. and thc Flcrida L,~cal Gm.'cremora Surplu.* Funds Trust Fund (i.e.. SBA Bc;i,:hm;..rk = Thc D~xlrtct'$ "Average Month;v lm.'cstmcnt gahul¢,,2" llmc.s file "Rate Va~. race". ,%( )[ 'TI I I"l,( }RIDA \'~ '..VFF. R NI.,\N '\(;I','MI:NT I)ISTRICT I','XHIBIT j.l I EXPENDITL:RE INDICATORS 1 6 {~ 1 FISCAL YEARS ENDED SEPTE.,IBER 30 $502 $48.9 sso.} EXPENDITURES $45, PER CAPITA $4t3 I 535- I $30' I $20- S26.5 S34.3 $34.7 $35.5 Sources: :\ud~ted Fmanoa} Statement.% University of Flonda Bureau of F-,conom~c and Business Research, I ! I I I i I ! I Ii $15- $1 [] Capital Out'la> $5- [] Operating. Mgrat & Debt ~ Service 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 The increase in per capita expenditures over the last ten years was largely the result of increased capital cx?endimres for acquisitions ofenvironmentalh, sensitive lands and replacement of an aging flood control infrastructure. Operaung..MRmt ~ Debt Service Capital Ouday T,,tal , Illcrease (Dex.~re:ls~ Population (Thou s a.n ds *'% Increase EXPENDITURES (THOUSANDS) EXPENDITURES PER CAPITA ¢ )peram,g, .\lgmt & Debt Service Capital Ouday Tot IV-17 EXHIBIT J-2 FLORIDA ~:ATF. R MANAGEMENT DISTRICT I(XF~ 90ck 8O% 70ck 60% 5(}c/~ 40c~ 30ok 20G 10c~ ()c~ 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 MAJOR EXPENDITURE CLASS DISTRIBUTION Sources: Audited Financial Statements Data ma>' not be .qrictly comparable belween >'cars. Current Operating Exp "· - Capital Outhy - - - Debt Service Expcnditures for capital outlay have fluctuated greatly during the last ten years, from a Iow of 9.9% in 1993 to a high of 40.2~ in 1996. The increased expenditure level in this category is due to legislatively-mandated land acquisitions to preserve water resource values and the replacement of aging flood control structures. ., 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Current Operating 77.6ck 79.6% 7 I. 1% 66.8% 69.2% 86.4% 70.2% 73.0% 58.7% 59.69 Capital Outlay 18.2% 16.5% 25.5% 30.7% 28.1% 9.9% 27.5% 23.9% 40.2% 38.3% Debt Sen, ice 4.2% 3.9% 3.4% 2.5% 2.7% 3.7% 2.3% 3.1% !.1% 2.1%. Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% IO0.Oq, SOt ~TH FI.ORID..\ \VATER .XL.\NAGEMENT DISTRICT EXPENDITURE INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 EXHIBIT J-3 16(5 i $350 53O0 $250 $2O0 $150 $100 -- 550 -- $0 $109 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 EXPENDITURES BY MAJOR OBJECT Sources: Audited Financial Statements Data may not be strictly comparable between years · Debt Service [] Capital Outlay tm Current Operating Exp The increase in total expenditures during the last six years is mainly due to an increa~ in capital outlay expenditures. Expenditures for debt service have remained steady, while operating and management expenditures have increased during the ten )'ears shown here. 1988 1989 1990 1991 1992 1993 1994 1995 19o6 1997 S84.699 S94.783 $97.79 S121.078 S118,654 S130.927 $134,781 S146.048 $164.832 S175,635 Current Operating 77.6% 79.62 71.1% 66.8% 69.2% 86.4% 70.2%. 73.0% 58.72 59.6~ S19.888 S19.642 $35,1081 $55.660 548,226 S15.008 $52,905 :$47,770 $112,839 $113,013 Capital Outlay 18.2% ! 6.5% 25.5% 30.7% 28. 1% 9.9% 27.5% 23.9% 40.2% 38.3% 54.634 .54,633 $4.627 .54,626 54,625 S5,553 54,367 $6,332 S3,173 $6,172 Debt Service 4.2% 3.9% 3.42 2.5~ 2.7% 3.7% 2.3% 3.1% 1.12 2.1% S!09.221 SI19.058 $137.526 $181.364 S171,505 S151.488 S192.053 $200,150 S280.844 $294,820 Total 100.0% 100.0% 100.0% 100.0c~ 100.0% 100.0% 100.0% 100.0% 100.02 100.0% I IV-19 EXHIBIT .I-4 $35O $30(I SOt'TH FLORIDA WATER MANAGEM}}NT DISTRICT EXPENDITURE INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 166 1: $281 ] EXPENDITURES BY $295 FUNCTION $25O $192 ~ S181 ~ $172 _ $io~ ~1~1,~_T~'~ ---! I' .,.. $200- $150 $100- $50- $0 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1 Debt Service [] Capital Outlay [] Resource Planning & Evaluatk~n M Operafiom & Maintenance [] Regulation E] Construction & Land Management [] Outreach [] Administratk,e The increased expenditure level over the past decade reflects the increased workload resulting from additional responsibilities delegated to the District. Fluctuations in total expenditures are due mainly to the variations in fire level of capital outlay expenditures. Thousands 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 S20.865 S27.318 S27.376 S30.410 $26.961 $28.888 S31.824 S31.172 S34.54 S41.942 Administrative .... 19.1% 23.0% 19.9% 16.8% 15.7% 19.1% 16.6% 15.6% 12.3% 14.2% Outreach S887 $1.117 $1,375 $1,884 $2.887 55.155 $5.624 $6.568 $11.877 $14.357 0.8'~ 0.9qt 1.0% 1.1% 1.7% 3.4% 2.9q, 3.3% 4.2~ 4.9% Construction & $4.455 $7,111 $7.495 $12.156 $14.984 517,722 $14.114 $13.70t3 $15.412' $15.427 Land Mana,zcment 4.1 ~ 6.0~ 5.5% 6.7% 8.7% I 1.7% 7.4% 6.8% 5.5~ 5.2% S4.6421 55.364 $6215 $7.828 $8.435 $9.547' $10.069 $9.937 $7,902 55t.140 Regulation 4.3Q 4.5% 4.5% 4.3% 4.991, 6.3% 5.2% 5.0~ 2.8q, 2.8~ $29,217 $27.991 528.032 534.169 $38,747 $42.565 S43.162 546.366 $51,163 $49.467 Operations & Maintenance 26.8q:- 23.5% 20.4% 18.8% 22.6% 28.1~ 22.5'7, 23.2~ 18.2% Resource. Planning & 513.683 $17.383 523.428 $28.604 $26.670 $27.050 $29.988 $38.305 543.937 $4~..302 E,,a!uation 12.5~ 14.6~ 17.0~ 15.8~ 15.6% 17.8~ 15.6% 19.1% 15.7~ 15.7%! 530.838 S28.141 S38.978 $61.687 $48226 $15.008 $52,905 $47.7712 $112.839 5113.013 Capital ()utlav 18.2~ 16.5% 25.5% 30.7% 28.1~ 9.9% 27.5~ 23.9~ 40.2%, 38.3% Debt Service 54.634 S4,633 54.627 $4.626 $4.625 $5.553 $4.367 $6.332 $3,173~ $6.172 4.2~ 3.9% 3.4% 2.5~ 2.7% 3.7% 2.3% 3.1% !.1% 2.1% Total 5109.221 $119.058 $137,526 $181.364 $171.505 S151.488 $192,053 $200.150 $280.844 $294.820 100.0~ 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0~ 1oo.o%l I 0'3.0qt IV-20 I'.XI IIBI'I' K-1 I i 19,S,~ 198t~ It!*~{~ 1991 1992 1993 .1994 1995 1996 1997 RATIO OF NET CHANGE IN GOVERNMENTAL FUND BALANCES TO REVENUES ! I I i I i I Thi,, indicatt)r Il.ts fluctuated liver the ten )'ear peri(id reported here. rangin..o, from a deficil ol 2.7',1 in 1991 h) increase ,,{ 22.4',; in 1t)93. Thc morea.sc ir] 199h is thc result of thc receipt ,f b.nd proceeds rcceivcd durine the liscal > c;ff which will bc expendetl in subsequent .','ears. The decrease in fund halm~ce in 1991 was thc reverse ,,~ this situatum, rcsultin~ from :he use (primarily for capitall of undesignated fund bal~lces available Ir(mi revenues raised in prcvit,us years. Hears capital expenditures pl~ncd li)r 1998 ~tl 1999 should result in a reducti,n ,I lul~d balances m 'F()'I..~,l. (-'()MIII'~Ei} Ft '~1~ ll.'~l..',,M'£s IT}lot N,:' t::d:c.:?,,.' , [)ccrc.~>;c. '94 9" I ,qt'- m.4~'1 $2r',4J}6:t $222-~" '2t $2('4.'}fi(1 $4l. II,.l{ T :.d C,';:'.h:nc~f ';l; 5.75{I S125.9x4i P,.,..'k Cf:ti,.',.. ' t 51--...9_ $lT(,.q:';,'qi $I95.(>.17 Si 9".962t NET L'H'..M;E Ix (;{)~.'ER'sMEh'I'..xl. Fl ",l) |I,~,I.,~,x('ES lil REVE'~t Eh P..::: . -1 ;" q.l,'.; {.'i.,:", i2.7':; } l"z..~/t'c'~_.~'~ 4'?a 'JF,~ 1" .... "'" +l 14.4'; .' . 1,.; EXHI BIT 14-2 SOI,'TI! [:I.ORIDA \X.'ATER MANAGEMI.:NT DISTRI(71' OPERATING INDICATORS 1 6 ~ 1 FISCAL YEARS ENDED SEPTEMBER 30 1 90% 70ok 60% 50ck 3O% 2{}ok 10% 0% 1988 Unreserved 1989 1990 1991 1992 1993 1994 1995 1996 1997 RATIO OF GOVERNMENTAL FUND BALANCES TO REVENUES This indicator of the ability to meet future and unexpected demands on resources through available fund balances ranged from 56cA to 92% of revenues in this ten ),ear period. The designated fund balances primarily represent resources utilized to fund subsequent years budgeted expenditures approved by the Governing Board. The undesignated balances from 1993 through 1997 primarily represent amounts held in thc Water Management Lands Trust Fund, thc Preservation 2000 Trust Fund, and the Everglades Trust Fund. The balances in these trust funds are restricted to thc acquisition, construction and management of environmentally sensitive land. GO~,~ERNMENTAL FUND BALANCES (Ix THOUSANDS) Designated Unreserved $29,371 520.6aC 532.324 S33.328 S56A9"/ S71.283 S79.239 S85A92 S122.37~ S106.92a Undesignated Unreserved ($645~ 53.687 52~.354 S12,75a $21.843 S~7,881 S~l,05a 597.913 537.453 5126.45,~ TOTAL UNRESERVED $28.726 S24.327 556.678 Sa6.08~'S78.3~(3 Sl19.16n S120.293 S183A05 S159.83C S233,38~ RESERVED S38.840 ~8.822 ~6.948 S53.13~ ~5.023 ~7.569 S60,971 S39.a9~ S!~.236 $53.185 Tmal Fond B~ces 567.566 S73.1a9 SI03.626 S99.221 5123,363 S166,733 S181.26a S222.90~ S26a.066 S286.56~ Total Re,cnues~ 5115.V50[ S~25.98aI S144.9211 S176.5881 S t95.~71 S193.962~ S206.5831 S2~.4t31 S286.216[ S316.25,1 RATIO OF ~'ND BALANCES TO TOTAl. REVENUES Designated Unrese~'ed 25.37% 16.38G 22.30% 18.88% 28.88~ 36.75~. 38.36~ 35.41~ a2.76% 33.81'~ Undesignated Unrese~,e~ (0.56%~ 2.93% 16.81% 7.22% 11.16% 2~.69~ 19.87~ a0.56% 13.09% 39.99~ TOTAL L~'RESERVED 2&8lc~, 19.31% 39.11% 26.10% dO.~% 61.~ 58.23~ 75.97~. 55.85% 73.8(~ RESERVED 33.56'~ 38.75~ 32A0% 30.09% 23.01% 2a.52% 29.51~ 16.36~, 36.42% 16.R2G 58.37% 58.06~ 71.51~ 56.19% ~ 63.05~ 85.96~. 87.7d~ 92.33~ 92.27~, 91L62G T. tal Fund B~ces i - I IV-22 ,q(ll "I't I i:I.ORID..\ \X,'.,\TI£R M.'\N..\i;EMI!NT DISTRICT 16G 1 I£XHIBI'F K-3 OPERATING INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 80~ 70~ 60cA 5(}cA 40ck 30ok 20Ok 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 RATIO OF UNRESERVED GOVERNMENTAL FUND BALANCES TO REVENUES Designated unreserved fund balances comprise a large portion of total unreserved balances. Funds designated by management for specific acquisition, construction, and improvement projects in ensuing years, as noted in Exhibit K-2. UNRESERVED GOVERNMENTAL FUND BALANCES (IN THOUSANDS) Desi~znated~ $29.371 S20.640 $32.324 $33.328 $56.497 S71.283 $79239 $85.492 S1~~.37~') ~ S!D6.924 Undesignated (S645) S3.687 $24.354 $12.754 S21.843 $47.881 $41.054 $97.913 $37.4531 S126.458' ToLal $46.082 S78.340 S119.164 S120.293 S183.405 SI59.8301S233382 Unreserved S28,726 S24.327 S56.678 Total RevenuesI S115.750J S125.9841 $144,9211 S176.5881 S195,6471 $193,9621 S206_5831 S241.4131 S286.216i $316250 RATIO ()F UNRESERVED FUND BALANCES TO TOTAL REVENUF~; Designated 25.37% 16.38% 22.30,~ 18.88~ 28.88% 36.75% 38.36% 35.41% 42.76~ 33.81% Undesignated {0.56~) 2.93% 16.81~' 7.22% 11.16% 24.69% 19.87% 40.56% 13.oo%i 39.99% Total 24.81% 19.31% 39.11% 26.10% 40.04% 61.44%; 58.23% 75.97% 55'85%1t 73.~0% IV-23 EXHIBIT K-4 SOl,TH FLORIDA \V..\TER .X'£~NAGEMENT D; <'rRICT mDIC. TORS 1 6 FISCAL YEARS ENDED SEPTEMBER 30 6't5 6.32 6- ] 5.79 1988 1989 1990 1991 ! 992 1993 1994 1995 1996 1997 CURRENT RATIO The current ratio indicates ability to meet currently maturing obligations utilizing current assets. The currenl ratio of 5.79 at September 30. 1997 indicates that the District has more than sufficient cash and future cash items available to satisfy current obligations. The increase from 1993 through 1995 resulted from a significant reduction in current liabilities. I Thousands 1988 1989 1990 1991 I 1992 1993 1994 1995 1996 1997 CurrenlAsscts $99,353 5114.397 $161,931 $160,962 $198,201 $208,479 $215,78§ $258.477 $316.564 $347.892 Current Liabilities 532,816 S38,729 $56,995 $60.239 $71,362 $38.191 $31,958 $31,804i $50,056 $60,058 Current Ratio 3.03 2.t~5 2.84 2.67 2.78 5.46 6.75 8.13 6.:32 5.79 IV-24 16G 1 II NET DEBT PER CAPITA 5-' %11 t)96 1997 .. :':' .:::.' :'~..- c.q.,r., ,> ,ti: n:.hc,ir,,r ,~: ,ici,' i.;~r.k':~ 'l'hv dt'i't i'~:r&'~; dcchncd Ir,.n~ l'~ss t,, I'")2 :, :: ; ~ ,::,: . '~ r:',~l:~'.t ir,,m tkt rt'fin illcH1v .:' ] ,x~t'r :utcrvst r,~tu> , .: t}:t. l()8r, J~,mds. ami iht. myrc.t>c m :' ' : '.,.~!~ .~::=.n: :he .t:'.:vpt.d'ic },,~u~ui.,ra'- ,( ;; ; ,,' ptr c,lptra ~t.: [.v thc l):str~ct's [~/,'.7,'.': ,,' .'~,..'~.,'.; J'.'~.'.;c.'.'.,. 5,~.:.;7-; qq;.;s; ~,~2.7()() ]5, q! ,-17-1 $e,~.4{)1) 7.41 '[,,Ial P,q, ulaI,,,[, -:.t~lx 5.1)62 ! ';.[,',;6 '. ';.2t)-1 { 5.!76t 5.41t) 1%'-25 EXHIBIT 1.-2 SOt:TH FLORIDA ¥(/ATER MANAGEMI-iNT DISTRICT DEBT INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 0.(~ck 0. O3% RATIO OF NET DEBT TO ASSESSED VALUE 0.02% 0.0lek · , 0.00ok 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Thc rano of net debt to assessed propert3' value ranged from .019°.'° to .033% in this ten year period. ]'he ratio tqcreased iq 1996 dt, e to the issuance of Land Acquisition Bonds. However, the current Iow raUo indicates thc Distr,ct's ability' to repay O,e outstanding debt obligation from propert3.' taxes, a major revenue source. Gross Debt Outstanding S56 :555 S54 S54 $53 :556 $55 $54 S89 $87 Less Amount Reserved g 8 8 8 8 7 7 - For Debt Service Net Debt Outstanding .548 .547 S46 S46 .5,45 .549 .548 .554 S89 587 Total Assessed Value $172.4291S185.0701.5205.627 .5225.192 S239.685[$2401532[$241.714[$255.66XI.5267.48?l.5280AO] Ratio Of Net Debt To .028% .026% .022% .020ok .019Ok .020ok .019% .021% .033~ .031 Assessed Value IV-26 EXHIBIT l.-3 DEBT [NDICATORS FISCAL YEARS ENDED SEPTEMBER I I I ! I I I ! I I I I i ! I ! 6c~ 5ok 4ck 3ok 2ok ICk 5.19% ~4 7.1%_ ::::.. :~: ¢~. ::a. 3. I ! ~ ?.:::~ 1988 1989 19~ 1991 1992 1993 1994 1995 1996 1997 RATIO OF DEBT SERVICE TO TOTAL GENERAL GOVERNMENTAL EXPENDITURES Th,s ratio measures the annual debt service requirement in relation to expenditures. During the last ten years, this rano declined from 5.19°"0 to 1.71%. The District's Principle/of found FinandalMana.~men! limits this ratio to no more than 15°'.. Thc D~strict% rados indicate that debt service does not comprise a major portion of total general governmental cxpendm,res. Maior bond rating agencies continue to gwe top ratings to debt of the District. 1990119911190211993 199411995I 1996I 1997 Pnnc~pal !l) $680 $720 Zo~,I S4,6341 $4'6331 DEBT SE.VICE (THOUSANDS) 3,867 3,816 3,760 3,698 $4,627 $4,626 $4,625 $4,618 $985[ 3382 3,160 $4,367 $4,415 $1,255 $215 $1,735 $2,607 $4,437 $6,172 GENERAl. GOVERNMENTAL EXPENDITURES ('I'IlOUSAND$) * IO, TIO OF DEBT SERVICE TO TOTAL GENERAL GOVERNMENTAL EXPENDITURES '1, Excludes refinancing/defeasance. A principal payment ors1,115,(X$~ was included in thc 1996 refinancing. 2: Excludes bond issuance and other costs. · Includes general and special revenue funds only. 3.80% IV-27 I ])l:!tT IN1)IrL.VI'(;R5 I:I.<rL.\l. 't t....\R, t']NI'~t~F) ,qI:.PTE:,It~I-:.R ~, 1 7S;' -- 4% -- 2C,; -- 198,'.; 1989 1990 1991 1992 1993 ! 994 1995 ! 996 1997 DEBT TO CAPITAL ASSET RATIO pcr,.,d ,h,~w:~, the rar~,~ dec]ned from 9.86~', m 1988 ro 6.49°0 m t995. In 1996. the ~ssuancc of I.and ..~ct{tllslt~,)ll c:tust, tt rile ran,) r'~ mcrcase l Iox,'cvcr. thc net investment m capital assets increased to 5852 mllhon m 1906 717~.'.7~',~ . :~; .?v.'t,,i IS~:.g~.'.Tw.'.~la~.,!;,:.z~ee: hm~ts thc debt to capital as*ct rarlt~ t,) ,t m.ixm3um ,~f 3~ ~" ,, Ir Th,,usand., j IT~,tal Cap~:al .Assets $?:.%222 / Lc.. T:,tal Debt] 55'~.g551 5';5.I35 NutCap:talln~' cstm,..ntAsset..;ln!~li Si 11:'3~'71.. Sq.l{ . Oli [.)t..bl to Capital A s.,.,.:t 554.375 S574.285 5669.47o 553.5~5 5615.905 Sg52.o2g SXT.f~75 IV-2,~ Sot"I'~ ! I:I.ORID..\ \VATER SL.\NAGEME×T DISTRIQTF \VORKI.OAD INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 160 EXHIBIT M-I 3500 PERMIT :::~::~.,.. 3.000 APPLICATIONS RECEIVED 23O0 2,000 1500 1 .O~O 5O0 Source: SFWMD Regulation Department · SWIM & Everglades Works Of The Dhtrict r"l Consumptive Use 1988 1989 1990 1991 1992 1993 1994 199:5 1996 1997 [] Environmental Resource The regulatory permitting function, which promotes the conservation and proper use of surface and ground water, has expanded at the District. In 1989. the District instituted a user fee to recover the cost of processing applications. The number of permit applications issued during the last ten years ranged from a Iow of 1.879 in 1996 to a high of 3,354 in 1988. Environmental Resource 1.604 1.563 1.126 1.000 941 1.003 1.337 1.372 i.269 1.400 Consumption Use 1.750 1.176 1.234 1.201 1.009 794 757 676 583 567 SWIM & Everglades Works Of The District - 207 97 361 92 40 5 27 64 Total Applications Received I 3.354 [2.739 12.567 I 2.298 12.311 1 1.889' ] 2.134'1 2.053 [ ~.s79 [ 2.031 IV-29 EXI-IIBIT M-2 SOl :TH FLQ RIDA ~,X(&TER ~.L-XN AG EMENT D ISTR! CT \'("ORICLOAD INDICATORS 1 6 S 1 ': 4,5O0 4,000 3,500 25O0 2,000 1500 5OO 0 1989 1990 1991 1992 1993 1994 1995 1996 1997 WATER MOVED BY DISTRICT PUMP STATIONS l~WaterMoved --- Average Pumping The amount of water moved by pump stations varies with the amount of rainfall received (see exhibit H-2). The normal amount of water pumped in a year is 1,500,000 acre feet. During the drought years the amount of water pumped was less than normal. With the end of the drought in 1991. the annual amount of water pumped has risen considerably. Water Moved By Pump Stations 1675.0001370.00011.500.000 2.500.000 2.800.000 2.400.000 3.925.000 2,478.000 1,844,000 IV-30 ! I I I I ! I I ! i I I I I I I I I Illl SOt:TH FLOR.IDA ~,"ATF~R ~I. AN^CaEMF_,NT DI~qTRI(~T Ill l 16G EXHIBIT M-3 ~"ORKLOAD INDICATORS FISCAL YEARS ENDED SEPTEMBER 30 8O 70 60 ~, 50 < -= 30 20 10 0 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 SAVE OUR RIVERS LAND ACQUISITIONS Under Florida Statutes. the District is entitled to monies from the State of Florida which are allocated and appropriated to the Water Management Lands Trust Fund and the Florida Preservation 2000 Trust Fund. The State Department of Environmental Protection acts as trustee of these District funds. The purpose of these trust funds is to acquire environmentally endangered lands which are subject to approval by the Department of Environmental Protection as part of the Save Our Rivers land acquisition program. Since the first purchase of land under this program in 1983. the District has purchased over 319.000 acres at a cost exceeding $361 million. 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Acres Purchased 25.807 4.717 3.883 42.179 5.683 3.876 28.822 22.363 19.881 73A25 Expenditures (Thousands) $16.752 $9.757 $2.728 S32.173 $8.912 S6.635 $41.780 $38.565 S73.510 $74.085 IV-31 EXHI BIT M-4 SOUTH FLORIDA WATER iYLq, NAG EMENT DISTRICT ~/ORKLO.MD INDICATORS 1 6 G FISCAL YEARS ENDED SEPTEMBER 30 1 $35 (S15) ($25) $15 J ............. l .............. I .............. ............. I .............. I .............. [ .............. [..=1 1988 1889 1990 1991 1992 1993 1994 1995 1996 1997 $30 $25 $2O $15 $10 WATER MANAGEMENT LANDS TRUST FUND ACTIVITY Source: Florida Department of Environmental Protection $5 F--I Addiriom ~ Disbursements $0 Balance at Year End The Water Management Lands Trust Fund, established in 1981 by the State of Florida. provides funding for acquisition, management and maintenance of environmentally sensitive lands. The major source of funding is provided by a portion of the documentary stamp excise tax collected by the State. Other sources include interest income and civil penalties. The annual additions have remained relatively constant over the years, while the annual disbursements have fluctuated depending on the size and number of major land purchases occurring in a year. Thousmds 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Bc~nning Balance $25,249 S20,954 S23,382 S30,027 S18,804 $8,261 S10,373 $13,606 $18,461 S22,581 TRUST FUND ADDITIONS Documentary $1.xmps I 1,502 11,891 10,677 8,515 8,624 10,563 12,526 11269 12,561 13,645 Ci~51 Penalties 98 161 32 101 637 83 142 150 133 270 Interest Income 1.603 1.916 2.273 1.772 879 581 551 898 1.198 1,216 Transfer In 0 0 0 ¢) 0 0 0 2,835 0 O Total Additions 13.203 13,968 i 12,982 10,388 10.140 11227 13,219 15,152 13,892 15.131 TRUST FUND DISBURSEMENTS l.andAcquisitions (12.843) (6.758', (1,574) (13,930) (14,039) (2,674) (3284~ (2,661) (4.134) (8.641) Debt Sercicc (4 655) (4.65 i) (3,940) (3,899) (4,651) (4,452) (4,451) (4,020) (2.426) (7,931) Maintenance 0 '131) (823) (2,000) (1,558) (1.989) ,-,-'-wt'~ 9qn~ (3,599) (3,197) (3.720) Intergovernmental 0 0 0 (I,782) (435) 0 (1) (17) (I5) (1'3 Total Disbursements (17.498) (11.540) (6.337) (21,611) (20,683) (9,115) (9.986) (10~97) (9,772) (20,309) t ' ' ' : ':'?i ; ' ,"':' :! :'": : IV-32 ,'qO! "I'l I FI.ORIDA \'('A'FER MANAGEMENT DISTRICT 166 1 EXHIBrr M-5 \VORKLOAD INDICATORS FISCAl. YEARS ENDED SEVI'EMBER 30 S80 S60 $40 $20 $0 ($20) ($4O) (%O) (SgO) 1991 1992 1993 1994 1995 1996 1997 ~0 PRESERVATION 2000 $70 TRUST FUND ACTIVITY S60 S50 $40 $30 $20 $I0 Source: Florida Department of Environmental Protection r---i Additions ~ Disbursements /Balance at Year End The Preservation 2000 Trust Fund. established in 1991 hy the Slate of Florida. provides funding for the purchase of water management lands and lands necessaO' to implement surface water improvement and management plans as set forth in the District's five-year land acquisition plan. The major source of funding is provided by an allocation of the monies received from the sale of State revenue bonds. The District received an increased allocation of bond proceeds in 1996 for land purchases for the Everglades East Coast Buffer. Since 1994. the Preservation 2000 Trust Fund has been the funding source for the majority of the District's land acquisitions. Thous.mds I991 1992 1993 1994 1995 1996 1997 Bcginn,ng Balance $0 $28,366 $44,479 $69,801 $53,512 $52,37¢.~ $38,280 TRUST FUND ADDITIONS Bond Proceeds S27,816 $24,207 S24,282 S24.381 S24,121 $48,678 S24,114 Interest Income $550 $1,964 $3,200 $2,918 S2,847 $2,728 S2,123 Total Additions S28,366 $26,I71 $27,482 $27,299 $26,968 $51,406 $26,237 TRUST FUND DISBURS£~a~'.NTS I.and Acquisitions S0 ($10,058) ($2,160) ($43,588) (S28,110) (S65,$29) ($22,079) Rebate Liabiliw SI) S0 S0 $0 $0i (175) $0 Total Disbursements S0 ($10,058) ($2,160) ($43,588) ($28,110) ($65,504) ($22,079) IV-33 EXHIBIT ~QI 'Tf l FLORIDA \X.?VI'F,R MANAGE.XlENT DISTRI(7I' 1 6 6 1. ', FI.qCAL YEARS ENDED SEPTEMBFR .$4O $30 $20 S10 . ,' , ~ ~ ($10) ($20) 1988 1889 1990 1991 1992 1993 1994 1995 1996 !997 LAND ACQUISITION TRUST FUND ACTIVITY F'--I Ad.iota ~ Disbursements Bahnce at Year End The District's Land Acquisition Trust Fund was established in 1983 with funds received from thc sale of District Special Obligation Land Acquisition Bonds. Receipts from the bond sales are restricted to the acquisition of land for use in managing, supplying, conserving and protecting water resources in the District. Thc funds were depleted by the end of 1993. During 1996 the District received an additional $34.4 million from the sale of District Special Obligation Land Acquisition Bonds. Beginning BalanceI S6,0221 86,2741 82.8841 $2.0101 $2.2881 82.368[ sol sol 88841 1997 $35,840 Transfer from WMLTF Transfer from SFWMD Reimbursement: Broward County Reimbursement: State of Florida Sale of Land Net Bond Proceeds Interest Income Total Additions TRUST FL'ND ADDITIONS 4.358 I 500 862 1.720 i 252 202 213 125 102 36 22 252/ O] 213/ 1.845/ 102[ 36/ 01 884 209 34,389 358 1.695 34,956 1,695 TRUST FL,~D DISBURSEMENTS Land AcquisitionsJ (0)1 (8,450)] (1.087)1 (1.567)J (22)] (2.404)[ (0)[ (0)1 (0)1 (11.7:i91 End,rig B,~,anceI 86.2741 82.88,~i $210101 ~2.2881 S2'13681 S01 ,ol ,~.,~ IV-34 DISCLOSURE SECTION S.E.C. Rule 15c2-12 Disclosures SOUTH FLORIDA \VATER MANAGEMENT DISTRICT I CONTINUING ANNUAL AND EVENT DISCLOSURES The following disclosures comply with amendments of the Securities and Exchange Commission (SEC) Rule 15c2-12 (b)(5)(i)(A) to (D). Effective in 1995. the amendments required municipal bond underwriters to gain reasonable assurance from bond issuers that they will provide continuing DISTRICT AGREEMENT AND EFFECTIVE DATES In respective Bond Resolutions, the Disu'ict agreed to provide continuing disclosure of (a) annual information and (b) notices of material events upon issuing its · annual information and · noticesofmaterial events for disclosure to the secondary bond market. To enter the bond market, the District and other issuers of state and local government securities are indirectly affected by these amendments. · Special Obligation Land Acquisition Refunding Bonds, Series 1995 and · Special Obligation Land Acquisition Bonds, Series 1996. We are also providing this information for the only other outstanding District bonds: We are using this Section of the District's Comprehensive Annual Financial Report to comply with our continuing disclosure agreement. · Special Obligation Land Acquisition Refunding Bonds, Series 1993. SUMMARY OF CONTINUING BOND DISCLOSURE REQUIREMENTS Notic~ of Recipient Annual Financial Audited Annual Notic~ of Failure to Provide Information Financial Statements Material Events Annual Financial Information SEC Rule 15c2-12 SEC Rule 15c2-12 SEC Rule 15c2-12 SEC Rule 15c2-12 Co) (5) (i) (A) (b) (5) 6) (B) (b) (5) (i) (C) Co) (5) (i) (D) Effective FYE (I) Effective FYE (1) Effective Effective April 1 After Jan. I, 1996 After Jan. I. 1996 July 3, 1995 After FYE (1) Each NRMSIR (2) or the blSRB (3) X X Each NRMS~ (2) X X Paying Agent (4) X X X X Underwriters (4) X X X X (1) For the District, the date lust effective was for Fiscal Year Ended O:'YE) September 30, 1996. (2) Nationally Recognized Municipal Securities Information Repository. (3) Municipal Securities Rulemaking Board. (4) Required under Governing Board Resolution 95-28, Section 24, in connection with the issuance of the Special Obligation Land Acquisition Refunding Bonds. Series 1995. V-I ANNUAL FINANCIAL INFORMATION SEC Rule 15c2-12Co)(5)(i)(A) requires annual financial information and operating data that are generally consistent with the presentation included in the Official Statements for each Bond issue. As a background, the following paragraphs summarize the "Security for the Bonds" appearing in the Official Statements. Subsequent paragraphs, tables and exhibits contain the required fmanciai information and operating data to include · Pledged revenues. · Funding and allocation of monies and deposits of the Trust Fund, and Historical debt service coverage. DOCUMENTARY STAMP TAX The State of Florida imposes an excise tax on documents (the "Documentary Stamp Tax"). Under current law, the Documentary Stamp tax is levied upon certain instruments whereby interests in real property are conveyed, original issues of stock, bonds and debentures issued in the State of Florida, promissory notes or other written obligations to pay money, and mortgages recorded in the State of Florida. In general, the amount of the Documentary Stamp Tax due with respect to an insmunent is based upon the amount of indebtedness evidenced or secured thereby, or in the case of documents transferring interests in property, upon the consideration for the transfer, or, in the case of stocks and bonds, upon the face value or actual value thereof. SECURITY FOR THE BONDS The Bonds are secured by a ftrst lien on and payable solely from the "Pledged Revenues" as provided in the Bond Resolution. The Bonds are limited obligations of the District. As such, the District, the State of Florida. or any public body in the State shall not · pledge its full faith and credit to the payment of bond principal, interest or premium; or · directly or indirectly be contingently obligated to levy any taxes or to make any appropriation for payment except fi.om the Pledged Revenues for debt service on the Bonds. Pledged Revenues consist of all monies collected, allocated to the District, and deposited in the Water Management Lands Trust Fund (the "Trust Fund") which consist of: · a share of the Documentary Stamp Tax, · investment earnings, and civil penalties. The Pledged Revenues equally and ratably secure the Series 1993, 1995 and 1996 Bonds. The Trust Fund is maintained by the Florida Department of Environmental Protection. The Documentary Stamp Tax is collected by the Department of Revenue of the State of Horida (the "DOR') and by the Clerks of the Circuit Courts of the counties ia Horida on behalf of the DOR. The Documentary Stamp Tax is distributed, for various purposes, pursuant to a statutorily-prescribed formula. Under current law, the DOR distributes the Documentary Stamp Tax collections and investment earnings, thereon, as follows: The first 7% to the State of Florida General Revenue Fund to pay a portion of the costs of general government. The costs of collection and enforcement of the Documentary Stamp Tax are deducted by and for the use of the Department of Revenue. A portion of the then remaining Documentary Stamp Tax collections (including investment earnings) are required to be deposited in the Trust Fund. There is no assurance that the Florida Legislature will not change the percentage allocations to the General Fund, the Documentary Stamp Tax collections to the Trust Fund, or the percentage of the Trust Fund allocable to the District. Likewise, the Legislature could implement an appropriations bill affecting the distributions to the Trust Fund. Such changes, if made, could affect distributions to V-2 1 ! the Trust Fund. However, there exists an implied contract with the State to allocate sufficient documentary stamp revenues to cover debt service. The following table illustrates the historical taxation rates and percentage distribution to the Trust Fund. HISTORICAL DOCUMENTARY STAMP TAX RATES AND TRUST FUND DISTRIBUTION Tax {Per $I00) Tax (Per $100) % to Year Effective Stocks/Bonds/Mortgages Deeds Trust Fund 1963 $.15 .... 1981 $.45 7.20% 1985 $.50 9.80% 1987 $.55 9.20% 1990 $.32 6.90% 1991 $.60 6.56% 1992 $.35 $.70 5.84% i I I I I I I I I I I I I I I FUNDING AND ALLOCATION OF THE TRUST FUND Deposits distributed to the Trust Fund began accruing to the District and the State's other four water management districts in August 1981. Under present law. moneys from the Trust Fund (net of DEP's administrative expenses) are allocated monthly among the State's five water management districts in the following percentages: 30% - South Florida 25% - St. Johns River 25% - Southwest Florida 10% - Suwannee River 10% - Northwest Florida DOCUMENTARY STAMP COLLECTIONS AND DEBT SERVICE COVERAGE Exhibit N-1 (Page V-6) entitled "Historical Documentary Stamp Tax Collections and Debt Service Coverage" reflects Documentary Stamp Tax collections, but not any investment income thereon, refunds or other adjustments (including DOR administrative fees) to the account from which distributions are made by the Department of Revenue. Therefore. variations in the percentage of Documentary Stamp Tax collections distributed to the Trust Fund are reflected therein. The projections of "Documentary Stamp Tax Collections and Debt Service Coverage" in Exhibit N- 1 are based in part upon the assumptions that the Documentary Stamp Tax rates and percentage of total revenues allocated to the Trust Fund shall remain constant with the above table and that the percentage of the amounts in the Trust Fund allocated to the District shall remain at 30%. USE OF THE TRUST FUND Expenditure of moneys from the Trust Fund is limited to payment of debt service and the acquisition, management, maintenance and capital improvement costs of certain lands included within the District's Five-Year Plan and to DEP's cost to administer the Trust Fund. The District is authorized to issue revenue bonds payable from amounts in the Trust Fund only for such purposes. Moneys in the trust fund not needed to meet land acquisition and management costs, or current debt service, are invested by the State Board of Administration, to the credit of the Trust Fund, in V-3 SOUTH FLORIDA WATER M. ANAGEMENT DISTRICT the manner provided by Florida law. Interest received on such investments is credited to the Trust Fund and proportionally allocated to the District. A Life-to-Date Analysis of the District's Account within the Water Management Lands Trust Fund appears on Exhibit N-2 (Page V-7). ESCROW AND RESERVE FUNDS Two funds provide security for payment of debt service on outstanding bonds: · An Escrow Fund within the Trust Fund and · A Surety Bond issued by MBIA and held by the Trustee. Trust Fund Escrow An agreement between the District and the State Deparunent of Environmental Protection CDEP') requires DEP to set aside and escrow from the first moneys allocable to the District in the Trust Fund, sufficient moneys for the payment of principal and interest on the Bonds becoming due in such Bond Year. DEP is obligated to pay Trust Fund moneys sufficient to pay debt service as it becomes due on the Bonds to the District's Paying Agent. However, such payment shall not exceed the District's cumulative portion of funds in the Trust Fund. Debt Service Reserve Fund/Surety Bond The Bond Resolution provides for the establishment and maintenance of the Reserve Fund for the purpose of making deposits in the Debt Service Fund in the event the moneys therein are insufficient for the payment of sums due on the Bonds, and for no other purpose. Moneys on deposit in the Reserve Fund shall be maintained for the benefit of the holders of the Series 1993. 1995, 1996 Bonds, and any parity obligations of the District issued pursuant to the Resolution. The District is required to have on deposit in the Reserve Fund an amount of money and/or Debt Service Reserve Fund Surety Bonds equal to the Reserve Fund Requirement. Beginning in 1995, the District opted to provide a Debt Service Reserve Fund Surety Bond to meet this requirement. The Reserve Fund Requirement is defined in the Resolution to mean, at any time, an mount equal to the lessor of (i) the maximum amount of principal of and interest on all Outstanding Bonds due in any succeeding Fiscal Year, or (ii) the aggregate of ten (10%) of the original proceeds of each Series of Bonds. Upon the issuance of Additional Bonds, the District must meet the added Reserve Fund Requirement. ANNUAL DEBT SERVICE REQUIREMENTS Debt service requirements on the Series 1993. 1995 and 1996 Bonds are as follows: ANNUAL DEBT SERVICE (Principal & Interest) REQUIREMENTS (Millions) Bond Years Total Series 1993 Series 1995 Series 1996 Ending October 1 1998 S7.93 $2.07 $2.06 $3.80 1999 $7.93 $2.07 $2.05 $3.81 2000 $7.94 $2.07 S2.38 $3A9 2001 $7.93 $2.07 $2.37 S3.49 2002 $7.03 $2.07 $2.38 S2.58 2003-2007 S35.15 $14.25 S7.99 S12.91 2008-2012 535.14 522.25 -- Sl 2.89 2013-2015 S21.10 S13.36 -- S7.74 Total S 130.15 $60.21 S 19.23 $50.71 V-4 1 ~ ~ 'I I IIIII IIII Ill IIIII IIII II SOUTH FLORIDA WATER ~[ANAGEM~NT DISTRIC'7' I i I I I I I I I ! ! AUDITED ANNUAL FINANCIAL STATEMENTS Section II of this Comprehensive Annual Financial Report contains the Disu'ict's General Purpose Financial Statements and related Report of Independent Certified Public Accountants. These statements are consistent with the General Purpose Financial Statements contained in the Official Statements in compliance with SEC Rule 15c2- 12(b)(5)(i)(A) and (B). REQUIRED NOTICES The following table lists each material event and required notice defined in SEC Rule 15c2-12 (b)(5)(i)(C) and (D). Since none occurred, the table confirms that no notice to the NRMSIR or the MSRB and the SID was required for any of the material events related to each of the indicated Land Acquisition Bond Series currently outstanding. This confirms compliance with SEC Rule 15c2-12 0a)(5)(i)(C) and (D) fi.om July 3, 1995 to the date of this report. NOTICE OF MATERIAL EVENTS OR FAILURE TO PROVIDE REQUIRED LAND ACQUISITION BONDS ANNUAL FINANCIAL INFORMATION RULE SERIES SERIES SERIES SEC. DESCRIPTION 1993 1995 1996 (C)(1) Principal and interest payment delinquencies. None None None (C)(2) Non-payment related defaults. None None None Unscheduled draws on debt service reserves (C)(3) reflecting financial difficulties. None None None Unscheduled draws on credit enhancements (C)(4) reflecting financial difficulties. None None None Substitution of credit or liquidity providers, or their (C)(5) failure to perform. None None None Adverse tax opinions or events affecting the (C)(6) tax-exempt status of the security None None None (C)(7) Modifications to fights of security holders. None None None (C)(8) Bond calls. None None None (C)(9) Defeasances. None None None Release, substitution, or sale of property securing (C)(10) repayment of the securities. None None None (C)(ll) Ratings changes. None None None - Default of the Florida Department of Environmental (*) Protection on its obligations under the Agreement. None None None Failure to provide annual financial information or (D) operating data in a timely manner. None None None (*) Required under Governing Board Resolution 95-28, Section 24. in connection with the issuance of the Special Obligation Land Acquisition Refunding Bonds. Series 1995, I ! ! V-5 EXHIBIT N-1 SOUTH FI.ORIDA XX',-VI'ER .MANAGEMENT DISTRICT HISTORICAL DOCUMENTARY STAMP TAX COLLECTIONS AND DEBT SERVICE COVERAGE6 ~ ACTUAL FOR STATE FISCAL YEARS JUNE $0 1982 - 1997 PROJECTED FOR STATE FISCAL YEARS JUNE 30, 1998 - 2007 1 State F~cal Year Ended June 30 {I I Actual: 1982 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 STATE OF FLORIDA State State Trust Fund Documentary Distribution Allocations Stamp Tax to the to the Collections (2) Trust Fund {3) District {4} DISTRICT Annual Debt Service Requirements & Coverage on Outstanding Bonds Debt Service Coverage Requirements {5) Ratio {6} $ 189.444.748 S 13.605.440 S 4,081,632 S - 207.634.834 14.324.658 -,.,.9 :,397 297.677.436 20.679.363 6.203.809 3:440.013 1.81} X 305.535.647 21.002.846 6.300,854 4,369.950 1.44 x 339.915.253 31.611.716 9.483.515 4.952.902 i.91 X 415.1{'}7.536 39.161.833 11.748.550 4.653.525 2.52 x 441.037.757 40.223.846 12.067.154 4.654,975 2.59 .~. 447.526.574 40.137.549 12.041,265 4.651.230 2.59 x 429.586.620 37.918.001 11,375.400 4.653,237 2.44 x 469.952.103 28.982,217 8.694.665 4.654.627 1.87 x 504.021.673 28.222.688 8.466,806 4.650,607 1.82 x 639.012.875 32,616.494 9.784.948 4.650,957 2.10 x 774.924.927 48,821,383 12.846.415 4.451,184 2.89 x 695.282.881 37.375.100 11.212.530 4,453,529 2.52 x 775.150.811 41.066.768 12.320.030 5,432.175 2.27 x 844.220.724 45.171.478 13.551.443 6.172.032 2.36 x Prniectcd: 1998 862,0(}0.000 45,800,000 13.740,000 7.866.097 1.75 x 1999 90I .900,000 47.900.000 14.370,000 7,856.315 i.83 x 2000 961.030,000 51. 100.000 15.330.000 7.852,837 1.95 x 2001 1.0 I0,300.000 53.800,000 16.140.000 7.846,824 2.06 x 20(}2 1.043.400,000 55.600,000 16.680.0'}0 7,837.680 2.13 x 2003 1.081,900.000 57.600.000 17.280.00(} 6.951,187 2.49 x 2004 1.137.9(~}.000 60,600.000 18.180.000 5,944.198 3.06 x 21}05 1.212.700.(8)0 64.700.000 19.410.0(3) 5,935.705 3.27 x 2006 1.292.100.{K)O 68.900.(X)0 20.670.0(.X~ 6.928.650 2.98 y 20(}7 1.371.500.000 73,300.000 21.990.000 6.923.210 3.18 x ( I ) Represents the State's fiscal year of June 30; not the District's fiscal year of September 30 on Exhibit N-2. (2) Source: Legislative Division of Economic and Demographic Research, The Florida Legislature. (3} Actual Source-DEP Analysis of Fund Status & Acfivitx'. Projected Source-The Florida Legislature, Joint Legislative Management Committee, Division of Economic and Demographic Research, Long Term Documentary Stamp Tax Forecasts-Post Session, Consensus Estimating Conference, Book 2, "Revenue Analysis". Volume 13, Summer 1997. Distributions to the Trust Fund represent 5.84% of State of Florida Documentary Stamp Tax revenue forecast in accordance with Chapter 201, Florida Statutes. Amounts have been expressed net of certain DOR administrative expenses and are rounded to the nearest $100,000. (4) Allocations to the District exclude civil penalties or investment earnings on amounts within the Trust Fund. (5) Represents debt service principal and interest requh'ements for bond years ending October 1. (6) Represents the number of times the documentary stamp allocations (excluding interest income and civil penalties: see Exhibit N-2) to the District within the Trust Fund cover the annual debt service principal and interest requirements. (7) Digtribution of Documentary Stamp Tax revenues to the Water Management Lands Trust Fund began in August 1981. V-6 I ! I I ! SOUTH FLORIDA ~:ATER MANAGEMENT DISTRICT EXHIBITN-2 Water Management Lands Trust Fund - District Account Life-to-Date Analysis: July 1, 1981 - September 30, 1997 DISTRICT FUND District R E V E N U E S E X P E N D I T U R E S BALANCE Fiscal Year Documentary Allocated Acquisition/ Debt (4) Ended Stamp Civil Interest Maintenance State (2) Service (3) As Of Sept. 30 (1) Taxes Penalties Income Costs Transfers Payments Sept. 30 1982 (15 months) S 5.055,982 $ 0 S 368.476 $ 0 S 0 S 0 S5.424,458 1983 4.868,970 0 673.014 6.164.955 0 0 4.801.487 19~ 6.185,869 0 6,t3.814 143.407 0 4,208,787 7.278.976 1985 6.737.625 5.000 88,1.4,.13 0 0 4.339.638 10.566,406 1986 10.364.840 0 1.010.435 1.269.997 0 2,155.571 18.516.113 1987 12.607,498 0 1.424.474 2.645.000 0 4,653.525 25.249.560 1988 11.501.906 97,800 1.603,259 12.842.828 0 4.654.975 20.954.722 1989 I 1,890,924 160.628 i ,916,000 6,889.135 0 4,651.230 23,381.909 1990 10.677.733 32.065 2,272,977 2,397,451 0 3.940,262 30.026.971 1991 8,515.201 100,785 1.772,578 15,930,142 1.782.504 3.898.731 18.804.158 1992 8.624,226 636.971 878,699 15.596.662 435,000 4.650,607 8.261.785 1993 10,563,MI 82.827 580,623 4,663,491 0 4,452.043 10,373.042 1994 12,526,086 141.974 '~551.016 5,533,806 1.067 4,451.184 13.606.061 1995 11.269,447 150.431 897,960 3.426.633 15.968 4,020.190 18.461,108 1996 12.560.685 109,245 1.221,631 7.331.060 15.378 2.425.615 22.580.616 1997 13,644,810 269.839 1.216.323 12.360.575 16.575 7.931.180 17.403.258 Life-To-Date $157,595.143 $1.787.565 $17.915.722 $97.195.142 $2.266.492 $60.433.538 $17.403.258 (I) Represents the District's fiscal year of September 30; not the State's fiscal year of Jtme 30 on Exhibit N-I. (2) Transfers in: FY 1991-92 represent payments of interest in those years to support the Preservation 2000 program. FY 1994-97 represent payments for DEP administrative expenses. (3) Represent transfers from the Water Management Lands Trust Fund to the Debt Service Fund held by the Trustee. Amounts will vary from the actual debt service payments due to accumulated monies such as interest earnings in the Debt Service Fund. (4) Includes the required escrow amount representing the debt service payments for the next bond year (see Exhibit N-l). V-7 MEMORANDUM Misc. Correspondence Agenda Date__ Agenda Item #.__ TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department March 20, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Collier County Housinq Authority 1. Pursuant to Flodda Statutes Chapters 189 and 190, the Collier County Housing Authority submitted the following: (a) Annuad Financial Report for 1996 (b) Auditd Report for 1996 (c) Budget for 1998 (d) Registered Office and Agent (e) Schedule of Regular Meeting for 1998 (f) Public Facilities Report (g) Outstanding Bonds Thank You. .~pectal~pecial September 23, 1997 61997 . Dwight E. Brock Clerk of the Circuit Court Finance Department 2671 Airport Road, Court Plaza III Naples, Florida 34112 Special Attention: Derek M. Johns.sen Dear Mr. Johnssen: Attached please find all the reports indicated in your September 8 letter to me with the exception of a district map and public facilities report. As discussed previously with staff, our district is in the boundaries of Collier County and our public facilities report remains the same. Specifically enclosed: 2. 3. 4. 5. 6. 7. Annual Financial Report for FYE' 9/3 0/96. Audit FYE 9/30/96. , Letter from Auditor stating we received no management letter. Approved Budget for FY 1997-1998. Registered Office and Agent. Schedule of Regular Meetings for 1997-1998. Description of Outstanding Bonds for FYE 9/30/96. [ hope this brings total satisfaction to our reporting requirements. If you have any questions, please contact me directly. ' Sincerely, Executive Director rn .-,,4 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 199S-96 REPORTING ENTITY: COLLIER COUNTY HOUSING AUTHORITY ID NUMBER: 191 REPORTING FUND GROUP: PROPRIETARY FUND REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. DESCRIPTION AMOUNT 362.000 Rents - Housing; $ 1,396,461 331.690 Federal ~rants -Adult Education 30,155 331.500 Federal ~;rants - RECD rental assistance 254,532 389.100 Interest earnings 55,200 TOTAL REVENUES AND OTHER CREDITS $ 1,736,348 FORM DBF-AA-403 PAGE 2 of 5 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 199`5-96 REPORTING ENTITY: COLLIER COUNTY HOUSING AUTHORITY REPORTING FUND GROUP: PROPRIETARY FUND EXPENDITURES AND OTHER DEB.rT$ (`511 THROUGH 592) ID NUMBER: 191 Account No. Obiect `5`54.000 10 5.54.000 30 554.000 90 554.000 70 , Description Personal Services ..Operatln~ expenses Depreciation Interest expense -Debt Service Amount $ 744,980 `564,704 626,647 27,560 TOTAL EXPENDITURES AND OTHER DEBITS 1,963,891 FORM D BF-AA-403 PAGE 3 of 5 FUND GROUP REVENUES AND EXPENDITURES ~XPENSES 1995-96 REPORTING ENTITY: COLLIER COUNTY HOUSING AUTHORITy REPORTING FUND GROUP: GOVERNMENTAL FUND TYPE REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. DESCRIPTION 331.500 345.100 HUD Housing Assistance contributions earned Services - economic housing ID NUMBER: 191 AMOUNT $ 1,.504,860 6,015 TOTAL REVENUES AND OTHER CREDITS $ 1,510,875 FORM DBF-AA-,t03 Page 4 of 5 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: COLLIER COUNTY HOUSING AUTHORITY REPORTING FUND GROUP: GOVERNMENTAL FUND TYPE EXT~END1TURES AND OTHER DEBITS (511 THROUGH 592) Account No. Object 554.000 10 554.000 30 554.000 80 Description Personal Services Operating expenses _Housing Assistance Payments ID NUMBER: 191 Amount $ 171,273 47,649 1,305,586 TOTAL EXPENDITURES AND OTHER DEBITS $ 1~24,508 FORM DBF-AA-403 PAGE 5 of 5 McQuay & Co., CPAs, P.A. ~.~ u-mD PI.~LIC ACCOUN'rAN'~ Memb~a: AICI~A: FICI~A January 16, 1997 16G Mr. Fred N. Thomas, Ir. PHM Executive Director Collier County Housing Authority 1800 Farm Worker Way Immokalee, Florida 33934 Our Client No: 10235-00 Re: Audit Septetnber 30, 1996 Dear Mr. Thomas: Please find enclosed twenty (20) copies of the annual audit report for the Collier County Housing Authority. Since there are no significant management recommendations, a written management letter will not be issued for the year ended September 30, 1996. The Authority's staff has made significant improvements in internal control and accouming procedures. All previous recommendations have been successfully implemented. Please s(gn the Certificate of Borrower in the audit report on page 50 o.f each audit report be. fore distribution. We will be available to present the audit report to the Board of Commissioners for review and approval at their next regular meeting. Please inform me of the date of this meeting as soon as possible. Upon acceptance, the Audit Report should be retained by the Collier County Housing Authority. as a Public record in accordance with law. If you have questions prior to that time. please contact me. An audit report distribution list has been prepared to assist you in forwarding copies to the required external agencies. This list. although not all inclusive is based upon information obtained during the audit. You may want to verify the current names and addresses. Thank you and your staff for your cooperation during the audit and we look forward to working with you in the future.~,% ~ / ~I~. id M.cQu.ay, Jr., CPA ~--Director-in-charge ~'~ · Encl. 110 N. Lincoln Avenue., Tampa, Florida 33609" (81.t) 876-2170 · FAX (113) 872-0196 · Toll Ft~ ($00) 852-1049 Approved Budget 1997-1998 Resider~ Rents Miscellaneous Rents Interest Income Other Income $1,616,609 41,100 77,500 99,100 Total Reveuu~ $1,834,609 OPERATIONAL EXPENSES Administrative Maintenance Security. Utilities Debt Service Reserves 80 i ,202 636,674 40.317 76,000 167,920 251,496 Total E ,~2x'ns~ $1,973,609' * $115,269.00 will come out of reaerves for capi~i equipment. 66 x I Br un~ts 47 Weekly 198 x 2Bt units 53 Weekly 172 x 3Bt units 59 Weekly 135 x 4Bt units 64 Weekly Total 4 % Vacancy Total Dwelling Rents Miscellaneous Rents 199%1998 161,304 545,688 527,696 449,280 1,683,968 {67,359} 1.616,609 1996-1~ 154,440 525,096 509,808 435,240 1,624,584 {64,983} 1,559,601 Convenience Store and Laundry. = 18,000 18,000 Security Unit = 2,400 2,100 Parking Permks = 20,000 20,000 Storage Fees = 1,000 1,000 Total NKscellaneous Rents 41.400 6,000 70,000 1,500 77.500 18,000 18.000 57,000 1,000 2.000 I00 3.000 99,1 O0 Interest Income Debt Service Fund : General Reserve Fund = Insurance Reser~'e Fund : Total Interest Income Other Income Maintenance Charges = Legal Fees & Late Charges = Garbage Collection Fees = Key. Replacement Fees = Bad Debt Collection = Daily Cash Surplus = Miscellaneous Income = Total Other Income 41,100 6.000 70.000 1.500 77.500 18.000 18.000 57,000 1.000 2.000 100 3.000 , 99,100 6G Total Revenue 1,834,609 1,777,301 Snlnrim: Executive Direc"tor Administrative Assistant Administrative Manager Fiscal Coordinator Accounts Receivable Clerk Assistant Accounts Receivable Clerk Resident Manager Assistant Resident Manager Occupancy Coordinator Receptionist Typist Secretary Total Administrative 3% Increase Salaries 1997-1998 66,860 22,967 34,714 27,431 19,004 14,889 32,502 ! 9,953 25,428 13,484 19,954 8,916 _306, i 02 Contract Sen/ce:s: Accounting Audit Legal General Consulting Services Contracts Casualty Insurance: Vehicle Fidelity Fire and Windstorm Public Liability & Oflqcers & Directors Worker's Compensation General Admini,~tradve: Subscriptions Dues Travel Collection Losses Training PILOT Postage Total Contract Services Casualty Imumnce !,000 12.000 16,000 5.000 14,000 48,000 16.000 4.000 82.000 46.000 32,000 180,000 2,000 2,000 12.000 2,000 5,000 6,000 6,000 1996-1997 63.734 22,919 34,658 27,302 19,004 14,181 3Z513 19,004 25,403 13,400 19,954 292,072 !,000 II,000 16,000 5,000 14.000 47,000 13.000 4,000 77.000 45,000 32,000 171,000 2,000 2,000 12.000 2,000 5,000 6,000 6,000 Oftic~ Supplies Miscellaneous Fringe Benefits FICA Unemployment Retirement Health Insurance Totrd General Admin~tmfive Total Administrative MAINTEN,,~[CE SalaHe~: Maintenance Manager 5 x Maintenance Technicians 8 x Maintenance Laborem I x pan-time Janitorial 3% Increase Total Salaries Contracts: Appliances Electric Equipment Total Maintenance Contracts Supplies & Materials: Appliance Parts Paint & Chemicals Electrical Pans Equipment Pans Fuel Plumbing Pans General Materials Total Supplies and Materials Cnpital Equipment*: Kitchen Appliances Office Equipment Maintenance Equipment Other Equipment Totni Capital Equipment 199%1998 8,000 5,000 49,400 100,000 63,700 3,000 !,000 267, 100 801,202 34,128 101,247 144,222 9,000 8,658 297,255 1,000 1,000 I0,000 12,000 23.000 40,000 14,000 16,000 14.000 30.000 40,000 177,000 35,000 4,619 11,800 99,000 ! 50,419 199Ol~Jq 8,000 5,000 48,000 89,406 50,000 3,000 1,000 241,406 751,478 34,128 i 05.000 142,000 8.000 289,128 1,000 !,000 I0,000 12.000 23,000 40.000 14.000 12.000 13.000 30.000 40,000 172,000 35,000 5,000 13,035 80.269 133,304 6G * See Attachment A Total Maintenance 636,674 606,432 SECURITY 2 x Secudty Officers Contracts: 3% Incrmse UT[L~S Elec~c Garbage Disposal Water/Sewer Telephone Total Utilities · EBT ,SERVICE Bond Retirement: Series "A" S~es Series Series ~D" Bond Interest: Series 'A Series Series "C Series "D" Total Debt Service RESERVES Regular Insurance 251,496 -0- Total Reserves Total Operational Expenses 199%1998 32,832 985 6,500 .~0,317 25,000 31,000 3.000 17,000 76,00O 28.000 33.000 57,000 25.000 2.330 4.530 10.560 7.500 167,920 251,496 !,973,609 33,824 5,000 38,824 25,000 31.000 3,000 17,000 76.000 28.000 32.000 57.000 25.000 2.610 4.850 11.130 7,750 168.340 251,496 !,892,570 Appllanees: Stoves A~A Refi~em~ors Office Equipment: Misc. Furniture. Computer & Typewriter Maintemmce Equipment: Misc. Tools for shop I Floor Machine i We~ Vac Floor Machine Other:. I F-800 Diesel Compactor GarbaRe Truck !- 4 Door Sed,~ # 5O # 5O # TOTAL TOTAL TOTAL GRAND TOTAL $ ! 7,500.00 $ ! 7,500.00 $ $ 35,000.00** $ 4,619.00 $ $ 4,619.00 $ 6,800.00 $ 3,000.00'* $ 2,000.00'* $ $ 80.000.00" $ 19,000.00'* $ $ 110.800.00 $ 150,419.00 ¢ *' Out of Reserves: $139,000.00 ~PEClAL DISTRICT REFORTING Section 189.416, Florida Satutes, requires that ea~ spedai dLsldct In the state designate a registered office and a registered agent and f~e this infonn~on with the Department of Community Affairs and the local governing authority, Col~er County Board of County Commissioners. Any changes in registered agent and registered office must be reported to the above named agencies. In the space below, please provide the correct name and address of yoUr-current reg'qstered agent: DISTRICT NAME REGISTERED AGENT Coll:Ler County Housing Auc~oriCy Fred N. Thomas, Jr. 1800 Far~ gorker gay Immokalee, Florida i~l&2 REGISTERED OFFICE In addition, please provide the telephone number of your registered agent: PHONE NU.MBER Indicate your district's status (dependent or independent) by marking an X in the appropriate space. (See Section 189.403, Florida Statutes, for definilions.) DEPENDENT INDEPENDENT x I1' the actual location of your special district office is different from that of your registered agent, provide the district's business address in the space below:. Please return this form, to ~he address below: Collier County Courthouse 330 t Tamiami Trail East Finance Department, Bldg. P 4"~ Floor Naples, Florida 33962 COLLIER COUNTY HOUSING AUTHORITY SCHEDULE OF BOARD MEETINGS 1997-1998 November 25, 1997 February 24, 1998 May 26, 1998 August 25, 1998 (annuM) November 24, 1998 DESCRIPTION OF OUTSTANDING BONDS We have previous bond sales during the period 1972 to 1983 and in 1990 with outstanding debts. TI~ balances as of September 24, I997 are as follow~: 1972 Bond "A" $ 233,000 1976 Bond "B" $ 453,000 I981 Bond "C" $1,056,000 1990 Bond "D" $ 750,000 Total $ 2,492,000 PUBLIC FACILITY REPORT GENERAL: Farm Worker Village a Five Hundred Forty-One (541) unit community for domestic farm workers was built in four {4} sections. Section 'A' has 150 units, opened in 1974 Section 'B" has 126 units, opened in 1978 Section 'C' has 215 units, opened in 1983 Section 'D" bas 50 units, opened in 1991 Collier Village a Thirty (30) unit community for domestic farm workers was opened up in 1991. Ali of the units are the same basic design with the one (1) bedroom units built in fourplexes, two (2) bedroom units built in duplexes and three (3) and four (4) bedroom units are single family dwellings. This configuration yields: 66 = I bedroom units 198 = 2 bedroom units 172 = 3 bedroom units 135 = 4 bedroom units Total 571 units We have three (3) day care centers, a migrant health clinic and a community building. January 27, 1997 Dwight E. Brock Clerk of the Circuit Court County o f Collier P.O. Box 413016 Naples, Florida 34112-3016 Special Attention: Derek Johnssen, Accountant Dear Mr. Johns.sen: Attached please find all the reports required as an Independent Special District of the State of Florida. Specifically enclosed: 1. 2. 3. 4. 5. 6. 7. Annual Financial Report for FYE 9/30/96. Audit FYE 9/30/96. Letter fi.om Auditor stating that a management letter will not be issued. Registered OflSce and Agent. Schedule of Regular Meetings for 1997. Description of Outstanding Bonds for FYE 9/30/96. Approved Budget for FY 1997-1998. I hope this brings total satisfaction to our reporting requirements. If you have any questions, please contact me directly. Sincerely, Executive Director / FNT/es Collier Counp; Housing Authority .~ 1800 Farm ~brker Way · [mmokalec. Honda 33~}3.~ . {9411 657-.~49 . FEi ~941t 657-7232 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: COLLIER COUNTY HOUSING AUTHORITY REPORTING FUND GROUP: PROPRIETARY FUND REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. DESCRIPTION 362.000 331.690 331.500 389.100 Rents - Housing Federal s-rants -Adult Education Federal ~g'ants - RECD rental assistance Interest earnings ID NUMBER: 19~ AMOUNT $ 1,396,461 3o,155 254,532 55,200 TOTAL REVENUES AND OTHER CREDITS $ 1,736,348 FORM DBF-AA-403 PAGE 2 of 5 · 1 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: COLLIER COUNTY HOUSING AUTHORITY REPORTING FUND GROUP: PROPRIETARY FUND EXPENDITURES AND OTHER DEBITS (511 THROUGH 592) Account No. Object Description 554.000 10 554.000 30 554.000 90 554.000 70 Personal Services Operating expenses Depreciation Interest expense -Debt Service ID NUMBER: 191 Amour $ 744,98~ 564,704 626,647 27,560 TOTAL EXPENDITURES AND OTHER DEBITS $ 1,963,891 FORM D BF-AA-403 PAGE 3 of 5 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 1' REPORTING ENTITY: COLLIER COUNTY HOUSING AUTHORITY REPORTING FUND GROUP: GOVERNMENTAL FUND TYPE REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. DESCRIPTION 331.500 345.100 HUD Housing Assistance contributions earned Services - economic housing ID NUMBER: AMOUNT $ 1,504,860 6,015 TOTAL REVENUES AND OTHER CREDITS $ 1,510,875 FORM DBF-AA403 Page 4 of 5 FUND GROUP REVENUES AND EXPENDITURES/EXPENSES 1995-96 REPORTING ENTITY: COLLIER COUNTY HOUSING AUTHORITY REPORTING FUND GROUP: GOVERNMENTAL FUND TYPE EXPENDITURES AND OTHER DEBITS ($11 THROUGH 592) ID NUMBER: 191 Account No. 554.000 10 554.000 30 554.000 80 Object Description Personal Services Operating expenses Housing Assistance Payments Amoun! $ 171,273 47,649 1,305,586 TOTAL EXPENDITURES AND OTHER DEBITS $ 1,524,508 FORM DBF-AA-403 PAGE 5 of 5 McQuay & Co., CPAs, P.A. L"I~3~TIF~D I~qlLIC ^CCOUNTAN'~ M~ml~n: AIL~A; FICPA January 16, 1997 Mr. Fred N. Thomas, Jr. PHM Executive Director Collier County Housing Authority 1800 Farm Worker Way Immokalee, Florida 33934 Our Client No: 10235.00 Re: Audit September 30, 1996 Dear Mr. Thomas: Please find enclosed twenty (20) copies of the annual audit report for the Collier County Housing Authority. Since there are no significant management recommendations, a written management letter will not be issued for the year ended September 30, 1996. The Authority's staff has made significant improvements in internal control and accounting procedures. All previous recommendations have been successfully implemented. please sign the Certificate o.f Borrower in the audit report on page 50 o.f each audit report before distribution. We will be available to present the audit report to the Board of Commissioners for review and approval at their next regular meeting. Please inform me of the date of this meeting as soon as possible. Upon acceptance, the Audit Report should be retained by the Collier County Housing Authority. as a Public record in accordance with law. If you have questions prior to that time. plea.se contact me. An audit report distribution list has been prepared to assist you in forwarding copies to the required external agencies. This list, although not all inclusive is based upon information obtained during the audit. You may want to verify the current names and addresses. Thank you and your sta. ff for your cooperation during the with you in the future. _,~,~,~- '~ ~ -/ audit and we look forward to working "-'Director-in-charge Encl. 110 N. Lincoln AVe'hUe, Tampa, Florida33609 · (813) 876-2170 · FAX (8121) 87241196 · Toll Free (800) 852.1049 SPECIAL DISTRICT REPORTING Section 189.416, Florida Statutes, requires that each special district in the state designate a registered office and a registered agent and file this information with the Department of Community Affairs and the local governing authority, Collier County Board of County Commissioners. Any changes In registered agent and. registered office must be reported to the above named agencies. In the space below, please provide the correct name and address of yo~eg'Istered agent: DISTRICT NAME REGISTERED AGENT Collier Coun=y Housing Au£~oriCy Fred N. Thomas, Jr. 1800 Farm Worker Way Immokalee, Florida 3~I&2 REGISTERED OFFICE in addition, please provide the telephone number of your registered agent: PHONE NU .lylBER Indicate your district's status (dependent or independent) by marking an X in the appropriate space. (See Section 189.403, Florida Statutes, for definitions.) DEPENDENT INDEPENDENT x I1' the actual location of your special district office is different from that of your registered agent, provide the district's business address in the space below: Please return this form, to the address below: Collier County Courthouse 3301 Tamiami Trail East Finance Department, Bldg. F ~m Floor Naples, Florida 33962 COLLIER COUNTY HOUSING AUTHORITY SCHEDULE OF BOARD MEETINGS 1997-1998 February25,1997 May 27,1997 Augua 26,1997(annual) November25,1997 February24,1998 May26,1998 August25,1998(annual) November24,1998 DESCRIPTION OF OUTSTANDING BONDS We have previous bond sales during the period 1972 to 1983 and in 1990 with outstanding debts. The balances are as follows: 1972 Bond 'A' $ 233,000' 1976Bond'B" $ 485,(X)0~ 1981 Bond 'C' $1,113,00[F 1990 Bond"D" $ 775,000~ TOTAL $ 2,606,000 Bond is paid in January of the year. Bond is paid in September of the year. year 1996. When the report was done for 96, this bond was already paid for ,U..SDA-FmHA ~'orm FmHA 19~.0-7 (Rev. 6-93) PROSEC'r NAME Farm Worker Village Rcportin~ Period [] Ou.ncrb, Budget Ty~e [] Initial [] J~c~.r Position3 16G I : MULTIPLE FAMILY HOUSING PROJECT BUDGET FORM API'RU VEL' OMB NO. 0575-0032 IBORROWER NAME I BORROWER ID/~ID PROJECT NO. I Collier County Housing Authority[ 09-011-05914055 Poject Rental Trpe hoject Type [] MomMy ~Rcnt [] SMR [] C)~het S~r~clng ~ Ftmily [] Elderly [] F~]I Profit L~mil~ l~ofil Non.Pinta Plan Code 8onower Ac~ountiflf Meted PART I - CASll FLOW ~TATEMENT BUDGET ACTUAL BUDGET BEGINNINGDATE~> (l~. 01.95) (1~ 01.95) (10.0! .96 £NDING DATES> (09. 30.96) (05. 30.96) (09.30.97 OPERATZONAL CASll SOURCES 1,502,592 I~023~436 1,559;6~1 41~100 24,116 61,100 ,77;500 61~581 77,500 99,100 49~012 99~:00 ( ) ( ( 1,720,292 1,158,143 1,777,301 106,329 167~823 115~269 I I. RENTAL INCOME ..................................................... 2. FmHA RENTAL ASSISTANCE RECEIVED ............ 3. OCCUPANCY SURCHARGES RECEIVED ............. 4. LAUNDRY AND VENDING ..................................... 5. INTEREST INCOME .................................................. 6. TENANT CHARGES .................................................. 7. OTHER. PROJECT SOURCES ................................. 8. LESS (Vacancy and ¢ontingency Allowance) ............. 9. LESS (FmHA Approved Incentive Allowance) ............ 10. SUB-TOTAL [(I thru 7). (8 & 9)/ ......................... NON-OPERATIONAL CASII SOURCES l I. CASH - NON PROIECT ............................................. 12. AUTHORIZED LOAN (Non.FmHA) .......................... 13. TRANSFER FROM RESERVE .................................. 14. SUB-TOTAL (11 thru 13) ....................................... [5. TOTALCASIISOURCES(IO+I4) ..................... [ 1,826,62.1 ] 1,325,966 ]1,892,570 3PERATIONAL CASII USES COMMENTS or o'rD) ( - ( {6. TOTAL O&M EXPENSES (From Part II) ................. ~7. FmHA DEBT PAYMENT ........................................... :8. FmHA PAYMENT (Overage) ..................................... '.9. FmHA PAYMENT (Late Fee) ..................................... '.0. FmHA PAYMENT (Occupancy Surcharge) ............... !I. TENANT UTILITY PAYMENTS .............................. !2. TRANSFER TO RESERVE ........................................ :3. RETURN TO OWNER ................................................ '.4. SUB-TOTAL (16 thru 23) ....................................... ;ON-OPERATIONAL CASII USES :5. AUTHORIZED DEBT PAYMENT (Non-FmHA) ...... 6. LONG-TERM IMPROVEMENTS .............................. 7. MISCELLANEOUS .................................................... 8. SUB-TOTAL (25 thru 27) ....................................... 9. TOTAL CASH USES (24+28) .............................. 0. NET CASI! (DEFICIT) (15-29) ........................... :ASH BALANCE ~,40'8',406' . 822,842 I,&72,734 ,~~ 121,129 168,340 ' 251,696 167,823 251,696 1.886.621 1,111.796 1.892'.570 ...... I aO) I I Y I 2. ACCRUAL TO CASH ADJUSTMENT ' 1. BEGINNING CASH BALANCE ............................... 3. ENDING CASH BALANCE(30+31+32) ................... ublic r~-~iTing burden/or this collection of Information is estimated to m'erage 4 hours per response, Including the time for reviewing instructions, searching esisring :ta sources; gathering and maintaining the data needet~ and completing and reviewing the collection of Informatton. Send comments regarding thb burden estimate · any other aspect of this c~llectlon of Information, Including suggestions/or reduclnt tilts tntrden to Dep~rtment ofAg¥tc~dture. Cteceance O.~eer, OIP~f, Room 94.W,0 ffOT P, Le'lTJRttWasAlngton'thisD'C. form20250;to either and o~ theset° the Officeaddresser of Management Fom,ard ~o'~t~and gudgegonh,.Papern,orit Red, wtlon Project (OM~ fro. 0J7~-0055}, WashIngton, lAC. 20505. Please Column (I) Column (2) Column (3) Column (4) " ~or Yr.) ~cflm Yr.) ~dfet ~ ~snce 4, To~M~t~.~e~de $ 286.720 $ ~88,567 S 289.~28 , ~p~e ~ ~te~: ~, Repllcement paris a HatcH.It [ 52: 000 172 ~000 ?~ ~a~ns. ~e~eal y, H,int. Fuel 13. 14. ToldMdn(,~qnlr~t~ ~ [2~000 ~ [0153S ~ t2~000 i~. To~lRoulin~ntenan~ $ 650t720 $ 303t962 ~ 473t128 Adm~b~a~ve ~m= 16, Executive IL ~.MXe~ 279~ 105 185t626 292~072 18. ~eficil ]9, Secu~t? 321960 2~ f572 33~826 20. To~Adm~lm~,e~6W $ 3~2~.065 S 207,~98 ~ 325s896 To~ F~e Bmefi~: ;I, FlC~'Com6bu,io. 47 ~ 320 29,884 48,000 U~ He,lin l.~.~e 53:606 30,525 50,000 TS, ~emime 3~000 0 ~.000 26. ~er ~,UUU Z/tOD2 4~000 2Y. To~F~xe~e~l S 206,547 ~ 13~,l~2 233.~06 2,. O~.e~ppUff $ 8,000 ~ 5'763 ~ 8.0~0 29. fi~er~Adm~s~agv~ ~ 214,547 l&O,915 241~4 6 A~-. Con~ ~ke: 30. Audi~ 10 ~ 000 10, OOO 11. 000 31. Accounfin~ { ,000 0 I .000 n. ~'t 16,000 16,025 16.000 ~3. Se~ice Cont,cts I ~ t 000 3 t 056 ~ 9 { 000 ~4. Gene,I Con~ltin/ 5 ~ 000 3 ~ 335 5 t 000 .. 35. T~Admi~,trnaveC0ntr~t~e ~ "66~000 $ 30~616 ~ ."~2~000 S 36. PILOT {Pnym~{ In ~ OtTt,~{ $ : $ ~ 37. Total Adm{n[~tratlv~ Expen~ $ 5~2~612 $ 3~8~5275 619~302 38. Elcc,~c 25,000 17,400 "25,0~0 ~9. w,~c, I tS00 742 I tS00 40. Sewer i ,~OO 743 1 ~500 41. O,~,~e Di,~o,I 31 t000 19t668 31 ~000 42. Tc~crhone i 6 ~ 0OO i I t 323 ' i 7 ~ 000 43. 44. 1'01~1Ulilit{~ __.. $ 75,000 $ 49.856 $ 76.000 Casualty l~urance 4S~ v=~ct~ ~3,000 6,968 13,000 4e. ~ ,.d ~.d,,o~ 63,200 44,499 77,000 47. ~blic liabilities o~cer a~ Dimctom ~3,3 ]4 241 [ 12 45 ~ 000 48. Work~MCompen~fion 35,000 ~ .' [4p516 32~000 49. Fidelity 4. 000 ~42 ~ 1000 ~0. Total CnsualtT lnsurmnc~ 'S 168.574 ~ 90,497 $ 171,000 S C~pi~l Impmvemen~ }l. ~3. Toed ~ad~ ImD~v~m~ ~ 41 m 500 [ ~ t 304 56. To~i Opernlign ~ ~nintc~nce $ ~,408,406 $ ~ZZ,U42 ~ t.472.734 I CER~F~ ~PROVED: (Fa~cm Home Adm~tmtion) I I I I I I I I I I I I I I I I ! I I Collier County Housing.Authority Immokalee, Florida FINANCIAL STATEMENTS Together with INDEPENDENT AUDITOR'S REPORT September 30, 1996 McQuay & Co., CPa. s, P.A. CERTIFIED PUBLIC ACCOUNTANT$ Memb~fl: AICI~; FICl~ I I I I I I I I I I I I I I I I I I COLLIER COUNTY ItOUSING AUTltORITY Immokalee. Florida September 30, 1996 TABLE OF CONTENTS Independent Auditor's Report on the Financial Statements FINANCIAL STATEMENTS Balance Sheets Statement of Revenues, Expenses. And Changes In Retained Earnings (Deficit) - Rural Economic and Community Development (RECD) Statement of Income and Expenses - U. S. Department of Housing and Urban Development (HUD) Housing Assistance Payments Programs Statement of Analysis of Surplus - U. S. Department of Housing and Urban Development (HUD) Housing Assistance Payments Programs Statement of Cash Flows - Rural Economic and Community Development (RECD) Notes to Financial Statements Independent Auditor's Report on Internal Control Structure Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards Independent Auditor's Report on Compliance With Laws And Regulations Based on an Audit of the Financial Statements Performed in Accordance With Govermnent Auditing Standards Independent Auditor's Report on Internal Control Structure Used in Administering Federal Financial Assistance Programs Independent Auditor's Report on Compliance With Specific Requirements Applicable to Major Federal Financial Assistance Programs Independent Auditor's Report on Compliance with General Requirements Applicable to Federal Financial Assistance Programs Independent Auditor's Report on Compliance With Requirements Applicable to Nonmajor Federal Financial Assistance Program Transactions 4 5 7 R 23 25 26 29 31 32 I I I I I I I I I I I I I I I I I I COLLIER COUNTY HOUSING AUTHORITY lmmokalee, Florida September 30, 19~)6 TABLE OF CONTENTS SUPPLEMENTARY INFORMATION Independent Auditor's Report on Supplementary Information Schedule of Federal Financial Assistance Statement of Revenue and Expenditures Compared to Budget Rural Economic and Community (RECD) Analysis of General Funds Available for Reduction of Annual Contributions Schedule of Reserve Funding Activities of the Housing Authority Schedule of Insurance Schedule of Aged Accounts Receivable Computation of Annual Contributions Earned and Project Account - Operating Reserve Changes (Housing Assistance Payments Programs) Schedule of Rental Information Schedule of Financial Institution Information Schedule of Adjustments Made - Housing Assistance Payments Programs: Annual Contributions Contract A3402E Annual Contributions Contract A3402V Annual Contributions Contract A3402K Board of Commissioners Certificate of Borrower 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 1 McQc uag, P. A. .~emb,,~: ^reP^. ~rC~'^ Independent Auditor's Report Board of Commissioners Collier County Housing Authority Immokalee, Florida . We have audited the financial statements of the Collier County llousing Authority. as of and for the year ended September 3(}. 1996, as listed in the accompanying table of ,contents. These financial statements are the responsibility of Collier County Housing Authority s management. Our responsibility is to express an opinion on these financial statements based on our audit. We con,ducted our audit in accordance with generally accepted auditing standards. Government Auditing Standards, issued by the Comptroller General of the United States, and the provisions of Office of Management and Budget Circular A- ! 28, "Audits of State and Local Governmentg Those standards and OMB Circular A-128 reuuire that we nlan an,i nt.,-~',,-,,~ ,h ..... ,: ...... "" reasonable assurance about whether the finan~zial statement~ are fr'~';'f:'~a"~e'r'i.~l~.~tt~t~tn. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accountine orinci les used and significant estimates made b mane ement ..... ' , "~- P. ' ' ........... . ..... .~,- , , .Y g,. .. '.as well as evaluating the o~erall hnancml statement l-,,c.-,zmauon, we o,.~,e~e that our auu~t provides a reasonable basis for our opinion. As. described in Note B to the financial statements, the Collier ,County ltousing A, uthority's policy is to prepare its U. S. Department of Housing and Urban Development programs financial statements on the basis ~!i accounting practices prescribed or permitted by the U. S. Department of Housing and Urban Development (HUD), which is a comprehensive basis of accounting other than generally accepted accounting principles. In our ()pinion, the financial statements referred to above present fairly, in all material respects. the financial position of Collier County Housing Authority as of September 31'1. 1996, and the resulm of its operations, and the cash flows of its proprietary fund type for the year then ended in conformity with generally accepted accounting principles, and the asse?, liabilities and surolus of its U. S. Department of Housing and Urban Development programs financial statement.[' on the basis of accounting described in Note B. This repo~t is intended for the information and use of the Board of Commissionem. Management. the U. S. Department of Hot, sing and Urban Development and the Rural Economic and nC:tr~i~t~t~i~.y Development. However, this report is a matter of' public record and it.,; distribution is In accordance with Government Auditing Standards, we have also issued a reoort dated Novem. ber 8. 1996, on our consideration of Tampa Community Health Centers, lnc."s internal control structure and a report dated November 8. 1996 on its compliance with law.s and regulations. ~ ~ · ( "' ' ' I !0 N. Lincoln Avenue, Tampa, Florida 33609 * (813) 876-2170 ,, FAX (813) 872-0196 * Toll Fr~e (800) 852-I049 o~ ,,~ ..-: c~ ,~c~ ~ c~ ,-: ~',~ 4 c~ ~c~ ~ ~ ~ ~ I~1 _ ~ ~ ~ ~ ~ ~.~.~.~ :~.~, ~.~ ~ ~ ~,,,~~ .~ _~.~.g~: ~ -2- 1 m I COLLIER COUNTY liOUSING AUTiIORI'I~' lmmokalee, Florida I STATEMENT OF REVENUES, EXI'ENSES, AND CIIANGES IN RETAINED EARNINGS I I I I I I I I I I I I I I I RECD SUBSIDIZED IIOUSING ONLY (i'ROI'RIETARY FUND TYPE) For the Year Ended September 30, 1996 OPERATING REVENUF.,S Rent - housing units Rcnt:d ;e~sistancc subsidy Rent - other facilitie~,¢ Olhcr operating revenues - Tcn;,nt ch;u'gcs, lale fees, gtc. DOE Gateway grant revenue Total opcr;fling rcvcnucs OI'ERATING EXI'ENSES Administrative: Salaries Employee benefits Conlracl services Insurance Other Total administrdtive expenses Mai nrc n;mcc: Salaries Matcrials and supplies Oflmr Total maintenance expenses Security: Salarie~ Odlcr Total sccvrily cxpcnscs Utilities DOE Gateway grant expense Dcpreciatiot] Total operating cxpcnscs OI'ERATING INCOME (LOSS) NON OI'EI{ATING REVENUES (EXI'I';NSES) Net investment income Interest cxpcnsc Total non operating revenues (expenses) NET INCOMF, (LOSS) Rctaincd earnings (dcficit). beginning of ycar Rclaincd c-'u'nings (deficit). end of year Sec Notes to FinanciM Statements. -4- $ 1.262.7.~3 254.532 36.407 97,271 30.155 $ 274,124 199,07 I 33,678 149,936 75, (-,44 $ 240.215 171,043 23.643 $ 31.570 5,831 $ 55,200 (27,560) 1.68 I, 148 732.453 434,901 37,401 74,774 30.155 626.(H7 1.936.331 (255.183) 27,640 (227.543) (2,032,9M9)_ I -6- I I I I I I I I I I I I I I I I I I 16~ 1' COl,IA ER COUNTY ! IOUSI NC, A UT! I¢)R ITY Immokal~, lq.rida STA'FI','M ENT OF CASll I:I,OWS RECD SUBSIDIZED llOUSING ONLY (PROPRII'ZTARY FUND F()r the Year Ended September 30, 1996 CASH FLOWS FROM OPERATING ACTIVITIES: Cash received from tenants Cash rcccivcd/'rom RECD En lcnant rental m~sislancc Cash paid to c,nplnyccs Cash paid lo vendors ;md supp{icrs C;,L',;h received frillll {~ovCfllnlelll{ll Other .pen,ting revere,es Ncr c.sh pr. vialed by operating activilics CASII I:LOWS FROM NON-CAIqTAI., FINANCING A(.TrlVITII,~',i: Repayment of advances from HUD SeclJoll 8 funds L~;,ns lo CC{IA's Land. Inc. Net cash provided fm,n non-ci,pilul financing activities CASII FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITll~S: Principal paid on revenue bonds Interest paid on revenue bonds Acquisition and consu't,cfion of capilal assets Net cash used E)r c;q'~ital and related financing activities CASH FLOWS FROM INVESTING ACTIVITIES: Purchase of investmenL~ Proceeds from investments Interest on investments Net c~,;h provided by investing activities NET INCREASE O)I'.'CRF~SE) IN CASli CASH AND CASH EQUIVALENTS, Oct.her 1, 1995 CASH AND CASH E~UIVAI.,ENTS, September 30, 1996 RECONCILIATION OF OI'ERATING INCOME (l.O&~;) TO NET CASH I'ROVIDED BY OPERATING ACTIVITIES: Operating income (loss) Adjustmenls Io reconcile operaling income lo net c~l~ provided by operating acfivilics: Dcprcciation Change in assets and liabilities: Accounts receivable from tenanls Accounts receivable - RECD Accotmls rccciv;thlc - DOE Prepaid expenses and deposits Inventories Accounts payable to vendors Accrued expenses Tenants' security dern~sits Tcnanls' rent collected in advancc Tot;fl adjustments Net cash provided by operuling activities Sce Notes to Financial StatcmcnLn. -7- 1.305.508 275.345 (571.374) (~4 i.8i)3) '12.943 q7.271 ,t3.058 397.890 4.l.o5a (140,I'}(}(}) (27.56O) (166,292) (4(}.(XX}) 75,(XX) 62.723 (333.852) 97.723 2{~.819 527.172 $ 731.991 $ (255.183) 626.647 (3.578) 20.813 2.788 (!,096) 310 22.758 (25.465) 9,896 653.073 397.890 I i I ! I I I I I I I I I I I I I I NOTE A: NOTE B: COLLIER COUNTY IIOUSING AUTilORITY ! mmokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 ORGANIZATION The Collier County Housing Authority ("The Authority") is a public body corporate and politic which xvas organized under Chapter 421 of the Florida Statutes on July 12, 1966 and the laws of the State of Florida to provide Iow rent housing for qualified individuals in accordance with the rules and regulations prescribed by the U. S. Department of Agriculture, Rural Economic and Community Development (formerly Farmers Home Administration), U. S. Department of Housing and Urban Development (HUD) and other Federal Agencies. The Authority has been a recipient of several h)ans and grants from Rural Economic and Community Deveh)pment (RECD) since 1971 under Project No. (')0-(')! I-¢)5914¢)55 pursuant to Sections 514 and 516 of the Housing Act of 1949. as amended. The Rural Economic and Community Development programs are designed to provide decent, sat'e, and sanitary h)xv-rent housing and related facilities for domestic farm laborers. Effective July 1. 1992. the Board of Commissioners of Collier County transferred all of its HUD Housing Assistance Payments programs to the Authority, pursuant to an Assumption and Interlocal agreement. The transfer ,,vas approved by the U. S. Department of Housing and Urban Development pursuant to a Contract of Novation between the Authority, the County and HUD. The Authority has agreed to undertake the development and operation of certain Iow-rent housing projects and to provide decent, safe, and sanitary housing for eligible families pursuant to Section 8 of the Housing Assistance Act by means of Housing Assistance Payments to owners through Annual Contributions Contracts numbers A-3402E (Section 8 Certificate. Housing Assistance Program). A-34(I2V (Voucher, Housing Assistance Program). and A-3402K (Section 8, Moderate Rehabilitation. Housing Assistance Program. SU~IMARY OF SIGNIFICANT ACCOUNTING POLICIES A Summary of the Authority's significant accounting policies applied in the preparation of the accompanying financial statements are described as follows. Reporting Entity In evaluating how to define the government, for financial reporting purposes, management has considered all potential component units of government. The decision to include a potential component unit in the reporting entity was made by applying the criteria set forth by the Governmental Accounting Standards Board (GASB). -8- II II I I I I I I I i I I I I I I I I I I NOTE B: COLLIER COUNTY ilOUSING AUTIIORITY lmmokalee, Florida NOTES TO FINANCIAL STATEMENTS Sel~tember 30, 1996 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Cont'~L) Reimrtlng Entity (Cont'd.) The basic criterion, but not the only criterion, set forth by GASB for including a potential component unit within the reporting entity is the governing body's ability to exercise oversight responsibility. Thc most significant manifest.'~tion of this ability is financial interdependency. Based up~m the application of the criteria, no potential component unit was included in thc Auth.rity's financi:fl statements. Basis of Presentation The operations of the Authority are recorded in the following fund types. Proprietary Fund Type Programs ft, nded primarily by the U. S. Department of Agriculture, Rural Economic and Community Development are accounted for using generally accepted accounting principles (GAAP) as applied to governmental entities. A proprietary fund is used to account for these activities. Proprietary fund acct~unting principles are similar to those often found in the private sector. The measurement focus is based upon the determination of net income and capital maintenance. l IUD Housing Assistance Payments Program Funds Programs funded by the U. S. Department of Housing and Urban Development (HUD) account fi)r activities using accounting procedures and practices prescribed permitted by the U. S. Department of Housing and Urban Development, Section 8 - Housing Assistance Payments Programs. Under this basis of accounting, the authority's operations are not considered to be a sell:sustaining activity. Basis of Accounting The financial statements of the Authority have been prepared under two (2) basis of' accounting. Rural Economic and Community Development Programs The Authority maintains its accounting for Rural Economic and Community Development farm worker subsidized housing projects in accordance with generally accepted accounting principles (GAAP) as applied to governmental units that use proprietary fund accounting. -9- I I I I I I I I I I I I i I I I I I I NOTE B: mi ii II I IIII IIIII I IIIIIIII I I I COLLIER COUNTY HOUSING AUTltORITY I mmokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Cont'd.) The Governmental Accounting Standards Board (GASB) is the accepted standa, rd-setting body for establishing governmental accounting and financial repomng principles. The Authority's proprietary fund is an enterprise fund. Such facilities are financed by Rural Economic and Community Development and operated by the Authority in a manner similar to private business enterprises. The intent of the governing body is that the costs (expenses. including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. [IUD Programs Accounting practices and procedures followed by HUD Programs ;tm considered a comprehensive basis o1" accounting other than generally accepted accounting principles. These financial statements are prepared using statutory accounting principles on a basis of accounting prescribed or permitted by the U. S. Department of Housing and Urban Development. since the majority of its assets are aided by these programs. The financial statements include the Section 8 Housing Assistance Programs under Annual Contributions Contracts A-3402E. A-3402V and A-3402K. The significant accounting policies followed are described below to enhance the usefulness of the financial statements to the reader. Property and equipment are recorded at cost and no provision for depreciation of these assets is provided. Annual contribution payments received from the U. S. Department of Housing and Urban Development for housing assistance payments and related administrative expenses are recorded as a contribution to st, rplus. -10- I I I I I I I I I I I I I I I I I I NOTE B: COLLIER COUNTY IIOUSING AUTIlORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS Septeml)er 31}, 1996 SUMMA RY OF SIGNIFICANT ACCOUNTING I'OMCIES (Cont'd.) Cash and Cash Equivalents For purposes of the Statement of Cash Fh),,~s. the Rural Economic and .Cmnmunity Development subsidized housing program c,nsiders all highly liquid Investments (including restricted assets) with a maturity of three months or less when purchased to be cash equivalents. There were no noncash investing, capital. and financing activities during the year. Reconciliation of cash and cash equivalents to balance sheet amounts. Cash and cash equivalents Restricted asset,;: Security deposit trust fund Construction fund Sinking fund: Debt service account Reserve account Investments - restricted: C~,nstmction fund Sinking fund reserve account Balance Cash & Investments Sheet Cash maturing after Amotm~s Equivalents 3 months $ 25g.949 $ 258.949 $ 11)2.460 102.460 23,942 23.942 40.229 40.229 306.411 31)6.411 4o,oo{) 889,o98 - ,. 889,¢)98 '$1.66 I.O89 ,_$ 731:991 $ 929.¢)98 Thc Auth()rity deposits cash mdy in qt,alified public dep()sitories. The dept)sits are fully insured by the Federal Deposit Insurance Curporatim~ and/or secured pursuant t() Chapter 280 of the Fh)rida Statutes. Deposits consist of demand deposits, savings and money market accounts. Investments consist of bank certificates of deposit and government securities, bearing interest rates of 4.33% - 6.65%. Uncollectible Accounts Collection losses on accounts receivable are charged against income on the specific write-off method. In the opinion of management, ali accounts are ctdlectible. -Il- I I I I I I I I I I I I I I I I I NOTE B: NOTE C: 16g COLLIER COUNTY IIOUSING AUTIIORITY lmmokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Cont'd.) Income Taxes The Authority is a public body corporate and politic which is subsidized by the Federal Government. The Authority is not subject to Federal or State income taxes, nor is it required to file Federal and State income tax returns. Inventories Inventories of materials are valued at lower of cost or market, cost being determined on a first-in, first-out basis. Compensated Absences The costs of accumulated unpaid vacation and sick leave are reported in the period paid rather than in the period earned. At September 3{), 1996. the Authority ~s contingently liable to employees for accumulated unpaid vacation pay in the amounts of $11,627. Such amounts have not been recorded in the financial statements. Construction Period Interest Interest expense on notes and bonds and interest income on the related debt proceeds are capitalized during the project development period through the date of full availability in accordance with regulations from the Department of Housing and Urban Development. Estimates The preparation of financial statements in conformity ~vith generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. LAND, STRUCTURES AND EQUIPMENT Fixed assets are carried at cost. Expenditures for maintenance and repairs are charged to expense as incurred. Repairs that extend the useful life of the respective assets are capitalized and depreciated. Depreciation is computed over the estimated useful lives of the property and equipment by use of the straight-line method of depreciation. -12- 1 I I I I I I I I I I I I I I I I I I NOTE C: COLLIER COUNTY ItOUSING AUTIIORITY lmmokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 LAND, STRUCTURES AND EQUIPMENT (Cont'd.) A summary of proprietary fund type land. structures and equipment at September 3f), 1996 is as follows: Estimated Useful Lives (Years) Cost Land N/A $ 496,754 Land Improvements N/A 1.614.632 Buildings 25-33 I/3 14.318.874 Sewer system 33 722.197 Water system 33 434.796 Roads and drainage 33 1.415.542 Playground 7 95,120 Maintenance equipment 6 578.413 Appliances 6 496,297 Office equipment 5 192,67 ] 20.365,296 Less Accumulated Depreciation 7.625.776 Total Land. Structures, and Equipment $ 12.739.520 Operating expenses include depreciation on all depreciable fixed assets. Depreciation is recognized on assets acquired or constructed under the Rural Economic and Community Development loan and grant programs, which are restricted for capital acquisitions or constrt,ction. Such grants are reported as contributed capital. However, depreciation expense and the related contributed capital accounts are not reduced for amounts recognized through such resources. The following Rural Economic and Community Development capital grants for construction of farm labor housing are reported as contributed capital as of September 30. 1996. Project Name Farm worker Village Phase I Section A Farm worker Village Phase II Section B Farm worker Village Phase III Section C Purpos~ Amount 150 Units $ 1,636.930 (1974) 126 Units 2,234,150 (1978) 215 Units 7,219.008 (1983) Farm worker/Collier Village 80 Units 2.795.610 Phase IV Section D ( 1991 ) Total 571 Units $ 13.885,698 -13- I I I I I I I I I I I I ! I I I I I NOTE D: COLLIER COUNTY IIOUSING AUTIIORITY lmmokalee. Florida NOTES TO FINA NCIA L STATEMENTS September 30, 1996 REVENUE BONDS PAYABLE Capital facilities are financed by debt which is guaranteed and subsidized by U. S. Department of Agriculture. Rural Economic and Community Development (RECD). The Authority presently has bonds payable on its farm laborer housing projects which are due annually in installments of varying principal and interest am(,unts. Revenue bonds payable at September 30, 1996. are as follows: Collier County Housing Authority Revenue Bonds. Series A. I%. due annually on January I in principal amounLs of $26,¢1{}0 to $30,00() with interest to January I, 2005 $ 261 Collier County l lousing Authority Revenue Bonds. Series B. I% due annually on September I in principal amounts of $3 ! .0()0 to $37.()()() with interest to September I. 2111{) Collier County Housing Authority Revenue Bonds. Series C. 1%, due annually tin September I in principal amounts of $54.000 to $68,000 with interest to September I. 2014 I. ! 13.000 Collier County Housing Authority Revenue Bonds, Series D, lcd, due annually on September I in principal amounts (If $24,380 to $33,()0¢) with interest to September I. 2023 775,0¢)() 2,634,0¢10 Less portion classified as current Total long-term debt 142,0¢10 $ The revenues of the project are pledged to the payment of principal and interest on the revenue bonds. The bonds are redeemable befi~re maturity, at the option of the Authority, in inverse numerical and maturity order, on any interest payment date upon giving 40 days written notice to Rural Economic and Community Development. -14- I I I I I ! I I I I I I I I I I I I NOTE D: COLLIER COUNTY HOUSING AUTIIORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 16G REVENUE BONDS PAYABLE (Cont'd.) Maturities of long-term debt for each of the five succeeding years and in the aggregate are as follows at September 30, 1996: Fiscal Year Ending September 30, 1997 $ 142.{X)0 1998 143.000 1999 145.000 2000 147.000 200 i 148.0(X) Thereafter 1,909.()()0 $ 2,634,¢)¢)0 Sinking Fund Debt Service Account Under the terms of the revenue bonds, a sinking fund has been established to provide debt service funding. After operation and maintenance requirements are met, the Authority transfers to the sinking fund debt service account such amounts as may be due of interest and principal on the bonds. The amount required to be transferred during the year ended September 3{). 1996 in order to meet debt service requirements was $166,775. The cash balance in the sinking fund debt service account at September 30. 1996 was $40,229, which was $5.794 more than the required balance of $34,435. The Authority was in compliance with this requirement during the year ended September 30, 1996. Sinking Fund Reserve Account Immediately after each transfer to the sinking fund debt service account, any excess funds are deposited in the sinking fund reserve account. Funds in the reserve account are only withdrawn upon written prior approval of Rural Economic and Community Development: The Authority is required to make monthly reserve deposits in the amount of $20.958 plus the amount of any deficiency in prior deposits to the reserve account until funds and investments in the reserve account shall equal $2.514,900. The aggregate deposits to the reserve account for the year ended September 30, 1996 was $251.496, which was equal to the required annual ag.gregate deposit~ of $251.496. The cumulative amount of deficiencies in prmr deposits to the reserve account at September 30. 1996 was $105.088. The deficiency included $70.000 deposited in a centralized payroll fund to be utilized as working capital. -15- I I I I I I I I I I I I I I I I I I NOTE D: COLLIER COUNTY tlOUSING AUTHORITY Inlmokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 REVENUE BONDS PAYABLE (Cont'd.) Sinking Fund Reserve Account (Cont'd) Withdrawals from the sinking fund reserve account are authorized for the following purposes: a) To meet principal and interest payments due on the bonds in the event the sinking fund debt service account balance is not sufficient for that purpose. b) To pay costs of extraordinary repairs or replacements to the project which are not considered current expenses. c) To make improvements or extensions to the project. d) For other purposes desired by the Authority which will promote its purpose without jeopardizing the collectibility of the bonds or underlying security. e) To the extent the reserve account exceeds $2,514,900. to purchase bonds before maturity in the prescribed manner. During the year ended September 30, 1996. the Authority was authorized to transfer $449,750 from the Sinking Fund Reserve account to the Construction Fund. The authorized transfers were made to pay the costs of extraordinary repairs or replacements to the project which are not considered ct,trent expenses and to make improvements or extensions to the project. The actual transfers to the Construction fund aggregated $198,848 which was within the amount authorized fi~r the related approved withdrawals. Construction Fund The construction fund is used to account for grant and loan funds received from Rural Economic and Community Development and other sources and to record construction activities. During the year ended September 30, 1996, expenditures from the Construction Fund for authorized construction activity aggregated $142,862 which was within the amount authorized for the related approved withdrawals. In the Rural Economic and Community Development enterprise fund reservations of retained earnings have been established in conjunction with debt issuance requirements or policy directives as stipulated by the respective aforementioned funds. -16- I I I I I I I I I I I I I I I I I I COLLIER COUNTY llOUSING AU'FilORITY Imn~okalee, Florida NOTES TO FINANCIAL STATEMENTS Sel~tember 311, 1996 NOTE E: NOTE F: ANNUAL CONTRIBUTIONS BY ilUD Annual Contributions A-3402 Annual Contributions Contracts A-3402E and A-34()2V and A-34()2K fi)r Section 8 programs provide for housing assistance payments to private owners ()f residential units on behalf of eligible Iow tlr very low existing and moderately rehabilitated housing covering the difference between the maximum rental on a dwelling unit. and the amount of rent contribution by a participating family and related administrative expense. The Authority is ;dso eligible to receive reimbursement fi)r preliminary expenses prior to lease t,p. ItUD contributions for the year ended September 30. 1996 were as follows: Section 8 Certificate Existing Vouchers Moderate rehabilitation $ 835.886 500.962 168.012 $ 1.504.860 HUD contributions for housing assistance payments are not reflected :ts revent,e in the statement of income and expense, but ;ts ;,dditions to surplus. PENSION PLAN Platt Description The Collier County Housing Authority Defined Benefit Pension Plan and Trust is a single-employer retirement plan covering all eligible employees. The plan is administered by United States Pension Services. Inc.. It was established in 1988 by resolution and became effective October I. 1987. There were no amendments to the Plan during the year ended September 30. 1996. All full-time employees who have attained age 18, are eligible to participate in the Plan provided they have completed one (I) year of service. Eligibility for retirement is attained at age 65 or the Illth anniversary of joining the pl:m whichever is latter. Vesting at 10¢lck requires four (4) years of credited service with vesting beginning at 33% at 2 years of credited service and increasing 33% per year. Employees who retire at or alter age 65 with l0 years of credited serv,ces are entitled to an annual retirement benefit, payable monthly for li(e, in an amount equal to 30% of the average salary during their last five years of employment, for each year of credited service up to Ill years, and 30% for each year over 10 year.,; for at least 30 years of service. The Plan also provides death and disability benefits and life insurance equal to 50 times the monthly retirement benefit. -17- I I I I I I I I I I I I I I I I I I NOTE F: COLLIER COUNTY IlOUSING AUTIIORITY immokalce, Florida NOTES TO FINANCIAL STATEMENTS September 3{), 1996 PENSION PLAN (Cont'd.) These benefit provisions and all other requirements are established by Fh,rida Statute and the Employee Retirement Income Security Act of 1974. commonly called "ERISA". As of September 30, 1996. the plan included 33 participants and a total annual covered compensation of $536.909. The total Authority payroll as of September 30. 1996 was $709.294. Membership in the Plan is comprised of the following: Retirees receiving benefits Active employees Terminated vested participants () 24 9 All contributions are made by the Authority. Employee contributions are not permitted. Contributions to the Plan to be made during fiscal year ended September 30, 1996 were actuarially computed using the Frozen Initial Liability Cost Method. Fundittg Status attd Progress The amount shown below as the "pension benefit obligation" is a standardized disclosure measure of the present value of pension benefits, adjusted fl)r the effects of projected salary increase and step-rate benefits, estimated to be payable in the future as a result of employee service to date. The measure is intended to help users assess the funding status of the Plan on a going concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among employers. The measure is the actuarial present value of credited projected benefits, and is independent of the funding method used to determine contributions to the Plan. The pension benefit obligation ',,,'as computed as part of the actuarial valuation performed October I. 1993. Significant actuarial assumptions used in the valuation include the folloxving: Life expectancy is calculated using the 83 GAM with {I years adjustment Mortality Table Annual rate of return on the investments of present and future asset,; of 7% Annual projected salary increases of 5% Retirement age of 65 -18- I I I I I I I I I I I I I I I I I I NOTE F: COLLIER COUNTY IIOUSING AUTIIORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 PENSION PLAN (Cont'd.) The total unfunded pension benefit obligation applicable to the Authority's employees was $39,852 at October I. 1995. and was computed as follows: Pension benefit obligation: Retirees and beneficiaries receiving benefit.,; and terminated employees not yet receiving benefits $ 174,692 Active Participants: Nonvested Vested Total pension benefit obligation Less actuarial value of assets, at fair market value Unfunded pension benefit obligation 7.177 384,993 345,14l $ 39,852 A ctuarially Determined Contribution Requirements attd Contribution Made The Plan's funding policy provides for actuarially determined periodic contributions at rates that. for individual employees, increase gradually over time so that sufficient assets will be available to pay benefits when due. The contribution rate for normal cost is base upon the level percentage of payroll method. The Plan uses the frozen initial liability method to amortize the unfunded frozen initial liability over 12 years. The significant actuarial assumptions used to compute the actuarially determined contribution requirement are the same as those used to compute the pension benefit obligation described above, except interest earnings is assumed at 7%. The contribution to the Plan for September 30. 1996 of $107.984 (20% of current covered payroll) was accrued in accordance with actuarially determined requirements computed through an actuarial valuation performed as of October I, 1995. The contribution consisted of the following: a) Normal cost (15.3% of current covered payroll) b) Amortization of unfunded frozen initial liability c) Interest Total current contribution $ 81,986 14,439 11.559 $1{}7,984 The Authority contributed $159,664 (30% of current covered payroll) which consisted of $5 !,680 (10% of current covered payroll) to cover the prior years funding deficiency. As of September 30, 1996 the remaining accrued pension liability was $37,880. -19- I I I I I I I I I I I I I I I I I I NOTE F: NOTE G: COLLIER COUNTY itOUSING AUTIIORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS Year ended September 311, 1996 PENSION PLAN (Cont'd.) Trend Inforrnation Trend information gives an indication of the progress made in accumulating sufficient assets to pay benefits when due. Historical trend information on the Plan is being accumulated as follows: Net assets available for benefits Pension benefit obligation Percentage funded Annual covered payroll Unfunded pension benefit obligation as as a percentage of annual covered payroll 7.0% Employer contributions as a percentage of annual covered payroll 31').(1% 1996 1995 1994 $345,141 $285,172 $23 i,053 384,993 311'),552 339,1')96 90.0% 92.1')% 68. 1% 536,909 595,475 554,673 4.26% 19.5% 17.5% 13.1% All employer contributions were made in accordance with actuarially determined requirements. INTERFUND RECEIVABLES AND PAYABLES Individual fund interfund receivable and payable balances at September 30, 1996, are as follows: Receivable Fun{J 'l~AD2g.[2!.qJ~_~ Amottnt RECD Fund Certificate $ 3,016 Voucher RECD Fund 862 Moderate Rehabilitation RECD Fund 216 Revenue fund Bond debt service 1,384 Revenue fund Construction fund $ 6.878 RECD Fund: Reserve Account RECD Fund: Revenue fund $1(15.088 -20- 1 I I I I I I I I I I I I I I I I I I NOTE H: 15G '1~, COLLIER COUNTY IIOUSING AUTIIORITY Immokalee, Florida NOTES TO FINANCIAL STATEMENTS September 30, 1996 COMMITMENTS AND CONTINGENCIES Litigation As of September 30, 1996. the Authority was involved with various litigation arising from operation of its Iow rent housing program. In the opinion of the Authority's legal counsel, such losses, if any. resulting from litigation would be adequately covered by insurance. Contingencies Authority has been audited fi>r the year ended September 30, 1996. Programs administered by the Authority. in most instances, are subject to audit by the funding agency. Costs, if any. which are deemed unallowable by the funding agency, may require reimbursement by the Authority. The auditors have determined that no costs are questioned that require the U. S. Department of Housing and Urban Development (HUD) and the U. S. Department of Agriculture. Rural Economic and Community Development (RECD), approval and review for allowability for the year ended September 30, 1996. Questioned Cost or other compliance findings are defined as follows: (~) An alleged violation of a provision of a law. regulation, contract, grant, cooperative agreement, or other agreement or document governing the expenditure of funds: (2) A finding that. at the time of the audit, such cost is not supported by adequate documentation: or: (3) A finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable. Questioned Costs and compliance findings are subject to a final review and determination by the U. S. Department of Housing and Urban Development and the U. S. Department of Agriculture. Rural Economic and Community Development (RECD) or other state and local agencies. These costs are disallowed, unless the Authority is able to convince the grantor or regulatory agency that they were made in accordance with legal or regulatory requirements. -21- I I I I I I I I I I I I I I I I I I NOTE I: COLLIER COUNTY IIOUSING AUTIIORITY lmmokalee, Florida NOTES TO FINANCIAL STATEMENTS Year ended September 31}, 1996 RELATED PARTY TRANSACTIONS The Authority established a non-profit corporation entitled Collier County Housing Authority's Land Acquisition New Development Incorporated (CCHA's Land, Inc.) to serve as its land bank. Certain of CCHA's Land, Inc.'s Board of Directors also serve on the Board of Commissioners of the Authority. As of September 30, 1996, the Authority authorized loans aggregating $40,000 to CCHA's Land, Inc. to secure the legal and engineering services to rezone certain land that was received as a donation by CCHA's Land. Inc. The loan is due upon demand with an annual interest rate of 3%. It is CCHA's Land. Inc.'s intent to sell the land to the Authority at below market rate for the development of Iow income housing. The loan is carried as :in asset in the accompanying balance sheets of $40,¢}00. -22- I McQuay & Co., CPAs, P.A. CERTIFIED PUBLIC ACCOUNTANTS i Membet~: AICPA. FICPA I I Report of Independent Auclitor's on Internal Control Structure Based on an Audit of Financial Statements Perrormed in Accordance With Governntent Auditing Standards I I I I I I I I I I Board of Commissioners Collier County Housing Authority Immokalee, Florida We have audited the financial statements of Collier County lhmsing Authority. as of and for the .,,'ear ended September 30. 1996. and have issued our report thereon dated November 8. 1996. We conducted our audit in accordance with generally accepted auditing standards and Gm'eminent Amtiting Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The management of Collier County Housing Authority is responsible for establishing, and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transacthms are executed in accordance v.'ith management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also. projection of any evaluation of thc strt,cture to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. In planning and performing our audit of the general purpose financial statements of Collier County Housing Authority. for the year ended September 30. 1996. we obtained an understanding of the internal control structure. With respect to the internal control structure, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk in order to determine our auditing procedures for the pvrpose of expressing our opinion on the general purpose financial statements and not to provide an opinion on the internal control structure. Accordingly. we do not express such an opinion. -23- 110 N. Lincoln Avenue, Tampa, Florida 33609 '~ (813) 876-2170 · FAX (813) 872-0196 "Toll Free (800) 852-1049 Board of Commissioners Collier County Housing Authority Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a condition in which the design or operation of one or more of the internal control structure elements does not reduce to a relatively Iow level the risk that errors and irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not detected within a timely period by empl?ees in the normal course of performing their be assigned functions. We noted no matters invol,,ing the inte,r, nal control structure and its operation that we consider to be material weaknesses as defined abo,,e. This report is intended for the information of the Board of Commissioners, Management of Collier County Housing Authority, the U. S. Department of Housing and Urban Development and other federal and state agencies. However. this report is a matter of public record, and its distribution is not limited. I I I I I I I I -24- i Mcml~r~: AICPA. F1CPA Independent Auditor's Report on Compliance With Laws nnd I Regulations Based on an Audit of the Financial Statements Performed in Accordance With Government Auditing Standards I Board of Commissioners Collier County Housing Authority lmmokalee, Fhdda IWe have audited the financial statements of Collier County Housing Authority, us of and fi)r the year ended September 30, 1996. and have issued our report thereon dated November 8. 1996. I We conducted our audit in accordance with generally accepted auditing standard.~ and Grn'ernment Auditing Standard.¥. issued by the Comptroller General {~f the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about I whether the financial statements are free of material misstatement. Compli:mce v,'ith laws. regulations, contracts, a.nd grunts applicable to Collier County Housing I Authority. is the responsibility of the Authority s management. As part {~t' obtaining reasonable assurance about whether the fin, ancial statements are free of material misstatement, we performed tests ot' the ,A,,uthority s compliance with certain provisions of laws. regulations. contracts, and grants. Ho',,,ever. providing an opinion on overall compliance with such provisions I was not an objective of our audit of the general purpose financial statements. Accordingly, we do not express such an opinion. I The results of our tests disclosed no instances of noncompliance that are required to be rep{meal under Gtn'ernment Auditing Standard.¥. This report is intended fl)r the info,'mation of the Board of Commissioners, Management of I Collier County ttousing Authority, the U. S. Department of Hi)using and Urban Development and other federal and state agencies. However, this report is a matter of public record, and its distribution is not limited. I I I0 N. Lincoln Avcnue. Tampa, Florida 33609 · (813) 876-2170 · FAX (813) 872-0196 · Toll Free (800) 852-1049 II I McQuay & Co., CPAs, P.A. CERTIFIED PUBLIC ACCOU.~rfA,~rTS Mcmber~: AICPA; F1CPA Report of Independent Auditor's on the Internal Control Structure Used in Administering Federal Financial Assis~nce Programs I I I I I I I I I I I I I I I Board of Commissioners Collier County Housing Authority We have audited the financial statements of Collier County Housing Authority, as of and for the year ended September 30, 1996. and have issued our report thereon dated N~vember 8. 1996. We have also audited the compliance of Collier County Housing Autlmrity. with requirements applicable to major federal financial assistance programs and have issued our rept~rt thereon dated November 8. 1996. We conducted our audits in accordance with generally accepted auditing standards: Goven,nent Auditing Standards, issued by the Comptroller General of the United States: and Office of Management and Budget Circular A-128. Audits of State and bwal Governments. Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement and about whether Collier County Housing Authority. complied with laws and regulations, noncompliance with which would be material to a major federal financial assistance program. In planning and performing our audits for the year ended September 3(}. 1996, we considered the internal control structure of Collier County Housing Authority. in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements of Collier County ttousing Authority. and on the compliance of Collier County Housing Authority. with reqt, irements applicable to its major programs, and to report on the internal control structure in accordance with ()MB Circular A-128. This report addresses our consideration of internal control structure policies and procedures relevant to compliance with requirements applicable to federal financial assistance pro~2rams. We have addressed internal control structure policies and procedures relevant to our audit of the financial statements in a separate report dated November 8, 1996. The management of Collier County Housing Authority is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefim and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that federal financial assistance programs are managed in compliance with applicable laws and regulations. -26- 110 N. Lincoln Avenue, Tampa, Florida 33609 · (813) 876-2170 · FAX (813) 872-O196 · Toll Free (800) 852-1049 I I I I I I I I I I I I I I I I I I Board of Commissioners Collier County Housing Authority Because of inherent limitations in any internal control structure, errors, irregularities, or instances of noncompliance may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. For the purpose of this report, we have classified the significant internal control structure policies and procedures used in administering federal financial assistance programs in the following categories: · Cash receipts · Payroll · Purchasing and receiving Accounting Controls · Cash disbursements and accrued expenditures Administrative Controls · Political activity · Cash management · Federal financial reporting · Adherence to special provisions of the contracts/grants · Tenant eligibility · Davis-Bacon Act · Civil rights · Administrative requirements · Allowable cost/cost principles · Drug Free Workplace Act · Types of services allowed or Unallowed For all of the internal control structure categories listed above, we obtained an understanding of the design of relevant policies and procedures and determined whether they have been placed in operation, and we assessed control risk. During the year ended September 30, 1996. Collier County Housing Authority expended 78 percent of its total federal financial assistance under major federal financial assistance programs. We performed tests of controls, as required by OMB Circular A-128, to evaluate the effectiveness of the design and operation of internal control structure policies and procedures that we considered relevant to preventing or detecting material noncompliance with specific requirements, general requirements, and requirements governing claims for advances and reimbursements that are applicable to each of the Collier County Housing Authority's major federal financial assistance programs of Collier County Housing Authority, which are identified in the accompanying Schedule Of Federal Financial Assistance. Our procedures were less in scope than would be necessary to render an opinion on these internal control structure policies and procedures. Accordingly, we do not express such an opinion. -27- I I 1 I Board of Commissioners Collier County Housing Authority I Our consideration of the internal control structure policies and procedures used in administering federal financial assistance would not necessarily disclose all matters in the internal control I structure that might constitute material weaknesses under standards established by the American Institute of Certified Public Accountants. A material v/e~ness is a condition in which the design or op,e, ration of one or more of the internal control structure elements does not reduce to a relatively low level the risk that noncompliance with laws and regulations that would be material I to a or state financial assistance progra..m,, may occur and not be detected within a timely federal period by employees in the normal course of performing their assigned functions. matters involving the internal control structure and its operation that we consider to be material i as defined above. weaknesses This report is intended for the information of the Board of Commissioners, Management of Collier County Housing Authority, the U. S. Department of and Urban Housing Development and other federal and state agencies. However, this report is a matter of public record, and its distribution is not limited. INovember 8. 1996, i ! I I I I I i I I -28- I McQuay & Co., CPAs, P.A. C£RTIFIED PUBLIC ACCOUNTANTS Memb~ AICPA, FICPA 1 I Independent Auditor's Report on Compliance with Specific Requirements Applicable to Major Federal Financial Assistance Programs I ! I I I Board of Commissioners Collier County Housing Authority lmmokalee. Florida We have audited the financial statements of Collier County llousing Authority, as (Il' and for the year ended September 30, 1996, and have issued our report thereon dated November 8. 1996. We have also audited Collier County Housing Authority, compliance with the requirements governing types of services allowed or unallowed: eligibility: reporting: claims for advances and reimbursements: and the following special tests and provisions that are applicable to its major federal financial assistance programs, which are identified in the accompanying Schedule of Federal Financial Assistance. for the year ended September 3¢). 1996: Test of ttousing Assistance Payments program records and procedures for reviewing contract rent and utility allowances for each unit to assure that they do not exceed certain rent limitations. I I I i I ! I Test of Housing Assistance Payments program records and procedures fl>r handling annual adjustments to contract rents and tenant utility allowances, upon request from the owner and procedures fi~r handling special adjustments. Test of Housing Assistance Payments (HAP) program records and procedures for conducting initial inspection of units before executing the ttAP contract to ensure that the unit meets Housing Quality Standards. The management of the Collier County Housing Authority. is responsible for Collier County Housing Authority's compliance with those requirements. Our responsibility is to express an opinion on cmnpliance with those requirements based on our audit. We conducted our audit of compliance with those requirements in accordance with generally accepted auditing standards. Govert~tnent Auditing Standard,Y, issued by the Comptroller General of the United States, and Office of Management and Budget Circular A-128, "Audits of State and Local Governments". Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasonable assurance about whether material noncompliance with the requirements ret'erred to above occurred. An audit includes examining, on a test basis, evidence about Collier County Housing Authority, compliance with those requirements. We believe that our audit provides a reasonable basis for our opinion. -29- I 110 N. Lincoln Avenue, Tampa, Florida 33609 · (813) 876-2170 · FAX (813) 872-0196 · Toll Free (800) 8:52-1049 I ! I I I Board of Commissioners, Collier County Housing Authority The results of our audit procedures did not disclose any immaterial instances of noncompliance with the requirements referred to above. In our opinion, Collier County Housing Authority, complied, in all material respects, with the requirements governing types of services allowed or unallowed: eligibility; reporting: the special tests and provisions previously described; and claims for advances and reimbursements that are applicable to each of its major federal financial assistance programs for the year ended September 30, 1996. I This report is intended for the information of the Board of Commissioners, Management of Collier County Housing Authority. the U. S. Department of' Housing and Urban Development and other federal and state agencies. However. this report is a matter of public record, and its I distribution is not limited. November 8. 1996. ~ ~,~ ~, ~~ ~ ~ I i I ! ! I i I I I I -30- McQuay & Co., CPAs, P.A. endent Auditor's Report on Compliance with the General Requirements Applicable to Federal Financial Assistance Programs Board of Commissioners Collier County Housing Authority Immokalee. Florida We have audited the financial statements of Collier County ilousing Authority. as of and for the year ended September 30, 1996, and have issued our report thereon dated November 8. 1996. We have applied procedures to test Collier County Housing Authority's compliance with the following requirements applicable to each of its federal financial assistance programs, which are identified in the Schedule Of Federal Financial Assistance, for the year ended September 30 1996: · ' Political Activity · Davis-Bacon Act · Civil Rights · Cash Management · Federal Financial Reports · Allov,'able Costs/Cost · Drug-Free Workplace Act Principles · Administrative Requirement.,; Our procedu, res were limited to the applicable procedures described in the Office of Management and Budget s Compliance Supplement for Single Audits of State and D~cal Governments. Our procedures were substantially less in scope than an a, udit. the objective of which is the expression of an opinion on County Housing Authority s with the C,o, ilier compliance requirement,,; listed in the preceding paragraph. Accordingly, we do not express such an opinion. With respect to the items tested, the results of those procedures disclosed no material instances of noncompliance with the requirements listed in the second paragraph of this report. With respect to items not tested, nothing came to our attention that caused us to believe that Collier County Housing Authority. had not complied, in all material respects, with those requirements. This report is intended for the information of the Board of Commissioners. Management Collier County Housing Authority. the U. S. Department of Housing and Urban Development and other federal and state agencies. However, this report is a matter of public record, and its distribution is not limited. Ii0N. Lincoln Avenue. Tampa, Florida33609 * (813)87 170 · FAX (811) 872-0196 * Toll Fre~ (800) 8:$2-1049 I McQuay & Co., CPAs, P.A. CERTIFIED PUBLIC ACCOUNTANTS i .Members AICPA; FICPA ! I i Independent Auditor's Report on Compliance With Specific Requirements Applicable to Nonmajor Federal Financial Assistance Program Transactions Board of Commissioners Collier County Housing Authority Immokalee. Florida I I I We have audited the financial statements of Collier County Itousing Authority. as of and fl,r the year ended September 3(I. 1996. and have issued our report thereon dated November 8. 1996. In connection with our audit of the financial statements of Collier County ttousing Authority. and with our consideration of Collier County Housing Authority's. control structure used to administer federal financial assistance programs, as required by Office of Management and Budget Circular A-128, "Audits of State and Local Governments". we selected certain transactions applicable to certain nonmajor federal financial assistance programs fi~r the year ended September 30. 1996. I I As required by OIvlB Circular A-128, we have performed auditing procedures to test compliance with the requirements governing types of services allowed or unallowed; eligibility: and the following special tests and provisions that are applicable to those transactions: · Evaluation of the adequacy of the Authority's procedures for assuring that housing is occupied only by eligible persons. I i I i * Test anti review of the records of selected occupants, to determine whether there is adherence to prescribed procedures for eligibility both as to occupancy and income * Examined the notice of approval provided by Rural Economic and Community Developlnent for the rental rate. * Test and evaluation of the adequacy of the Authority's procedures for ascertaining and verifying tenants' income. Our procedures were substantially less in scope than an audit, the objective of which is the expression of an opinion on Collier County Housing Authority's compliance with these requirements. Accordingly. we do not express such an opinion. -32- 110 N. Lincoln Avenue, Tampa, Florida 33609 · (813) 876-2170 * FAX (813) 87241196 * Toll Free (800) 852-1049 i I I I Board of Commissioners, Collier County Housing Authority With respect to thc items tested, thc results of those procedures disclosed no material instances of noncompliance with the requirements listed in the preceding paragraph. With respect to items not tested, nothing came to our attention that caused us to believe that Collier County Housing Authority, had not complied, in ali material respects, with those requirements. This report is intended for the information of the Board of Commissioners, Management of Collier County Housing Authority, the U. S. Department of Housing and Urban Development and other federal and state agencies. However, this report is a matter of public record, and its i distribution is not limited. ITampa, Florida. ! I I I ! I I I I I I -33- ! I I I I I I I I I I ! ! I I I I I I -34- I McQuay & Co., CPS, s, P.A. CERTIFIED PUBLIC ACCOUNTANTS Memben: AICPA: FICPA I ! Independent Auditor's Report on Supplementary Information Board of Commissioners Collier County l-lousing Authority Immokalee. Florida 1 I ! I I I I I We have audited the financial statements of the Collier County llousing Authority as {il' and for the year ended September 30, 1996, and have issued our report thereon dated November 8. 1996. These financial statements are the responsibility of the Auth{irity's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Stamlardx. issued by the Comptroller General ~1' the United States. and the provisions of Office of Management and Budget Circular A-128. "Audits of State and Local Governments". Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. Our audit was made for the purpose of forming an opinion on the financial statements of Collier County Housing Authority taken as a whole. The accompanying Schedule of Federal Financial Assistance and the supplemental data required by Rural Eccmomic and Community Development and HUD are presented fi~r the purpose of additional analysis and is not a required part of the financial statements. The information in these schedules has been subjected to the auditing procedures applied in the audit of the financial statements and. in our opinion, is fairly stated in all material respecL,; in relation to the financial statements taken as a whole. I I I November 8. 1996. Tampa. Florida. -35- 110 N. Lincoln Avenue, Tampa, Florida 33609 o (813) 876-2170" FAX {813) 872-OI96 "Toll Free (800) $52-1049 llllllll I III I I II IIIIII I I I I I I I I I I I I I I I I I I I -36- 1 I I I I I I I I I I I I I I I I I I COI.I.IEI~ COUNTY IIOUSIN(; AUTIlORI'FY hmnok.'dee, Fh)rida STATEMi'3NT OF I{I'3VENUIL~] AND I~XI'i'2Ni)i'FUI{ES COMi'AREI) TO iIUI}GI'3T (I'ROPRIETARY FUND 'FYI'I'3) RI'3CD SUBSIDIZEi) I[OUSIN(; ONI,Y For (lie Year Ended September ,TO. 1996 REVENUI.:S Rent - housing units Rcnt- othcr facililics Incomc on invcstcd funds Olhcr opcrating rcvcnucs Total rcvcnucs Oiq~,I[ATIN(; I'~× PI'~NSi,~S Adminislr:llivc Sah,rics Employee ~ncfits Conlracl services hlstlruncc Total ;Idminislralivc Maintenance Salarics Conlracls Matcrials and suppli~ Tohtl maintcnancc Security S;darics Othcr Tohd security Utilitics Total expenses EXi'I;NDITUI~ES Debt Scrvicc Sinking fund reserve lr;msfcrs Capilal outlay Total expenditures ;md expenses BUDGET ACTUAL VAR lANCE EXCESS I{IUCENUE ()lr OVER I~XI'ENDITURICS Sec Notes to Financial ShltClllcnts. -37- 1,517,315 $ 14,723 36,4117 (4,693) 55,2(X) (22,300) 97.271 (I.829) 1,706.193 274.124 199.071 33,678 149,936 75,644 732.453 240,215 23.643 171.043 434.90 I 31,570 5.831 37.401 74,774 1,279,529 167,560 251,496 23.430 1.722,015 (15.822) 1.502,592 4 I,I 77,5(X) 99,1{X) 1,72¢).292 279,105 172,547 42,¢XX} 16&574 42,¢)¢X} 7O4,226 286,720 12,0~} 32.960 4.{~ff} ~6,960 75.(~X) .266.9~ 166,719 2~ 1.496 35,171 1,720,292 (14,¢~J9) 4,9X I ( 26.524~ 8.322 1 &638 (2N.227) 46,5O5 (11.643) (19.043) 15.MI9 1.3')0 (441) 226 { 12.623) (~41) I 1.741 (I,>'23~ $ (15.822) -38- ! I I I I I I I ! , [I I IIIIIIII II I I II I IIII I I IIIII I II I I I I I I I I I I I I I I I I I I 16G COLLIER COUNTY IlOUSING AUTilORITY Immokalee, Florida ACTIVITIES OF THE tlOUSING AUTIIORITY September 30, 1996 The Authority had 571 units of Rural Economic and Community Development Farm worker labor housing in management at September 30, 1996 and was administering 270 lease housing units under the HUD Housing Assistance Payments Program. Management 0%011-05914055 Farm Labor Housing Sections A - D 571 Leased FL29- E- 14 ! -¢)01-006 FL29-V- 14 I-0{}4-fl08 FL29- K- 141 -riO 1 Section Iq Housing Certificate Program Section 8 Housing Voucher Program Section 8 Moderate Rehabilitation 145 90 35 27o TOTAL 841 I I I I I 0 0 0 I I IIIIII II IIIIIIIIIIII IIIII II IIIII II II IIIII I I I I I I I I I I I I I I I I I I I I COLLIER COUNTY IIOUSING AUTIIORITY limnokalee, Florida SCIIEDULE OF AGED ACCOUNTS RECEIVABLE RECD SUBSIDIZEDIIOUSING ONLY (PROPRIETARY FUND TYPE) For the Ycar Ended Scpicnfl)cr 30, 1996 NO. UNITS ACCOUNTS RECEIVABLE- TENANTS One bedroom units Two bedroom units Three bedroom units Four bedroom units Total accounts receivable - temmts All accounts receivable are current a.s of September 30. 19965. BALANCE 61 $ 2,414 173 8.318 89 10.464 98 5.634 421 $ 26.831) " IIII II II IIII I I I I I I I I I I I I I I I I I I I COI,L, IER COUNTY IIOUSIN(; AUTII¢)RITY Imqmknlee, Iqoridn SCtiI'.'DULI'.' OF RI'.'NTAL INFORMATION RECI) SUB$1DIZEI) IIOU$1NG ONLY (i'ROPRIETA RY FUND TYPE) For the Year Endcnl September 30, 1996 UNIT SIZE NO. UNITS RENTAL R ATE One bedroom units 66 $ Two bedroom units Three bedroom UlliiS 172 Four bcdroo[n u[:iL~ 135 $ TOTAL NUMBER OF UNITS ~71 A~UAL RENTAL REVENUE Tenants RECD rental assistance subsidy Vacancy losses TOTAL GROSS POTENTIAL RENT NOTE I -- Rcnlal ralcs were effective October I, 1995. Managcmcnl collection i~licies provide for Ihe weekly collcclion of rent. Delinquent a~ounts receivable, if any, do not exceed 30 days in most instances. 43 49 55 60 WEEKS GROSS I'OTENTIAL I{ENT 52 $ 147.576 52 5114.5(}4 52 491.920 52 421.200 $ Percentage Amounl 80.6R% $ 1,262.783 16.26q, 25;4.532 96.94% 1.517.315 3.06t,g., 47.885 I O(LOW;{, '$ 1.5;65.2(~'! i ill I IIIII II IIIII II I IIIIII '111111 IIIII IIII III IIIIII ............... I I I I I I I I I I I I I I I I I I I NAMF. OF iqNANCIAI. IN.~"rrl~ trion COI,LII'~R COUNTY IIf)U,'CIN¢; AUTIlORIT'; hmm,kalee, ,RCllEDUI.I~. 01" FINANCIAl. INh'TITUTI(IN INI:ORMATION REeD SUIL'¢IDIZED ilOUSIN(; ONLY (laROI'RII~.TARY FUND TYI'E) September 30, 1996 ACCOUNT ACCOI INT N A MI". BAI .AN¢'I:. Iqodda Comnamily II,'ulk imn~kalee, I"lmidn 33934 Pelican [lay la. O. Box 45o92 JacL..~mville. FI..12232 Nalic, n.~ [lank of Florida P. O. Box 31590 Tampa, Florida 33631-3590 P. O. Box 4991~ Orl~do, lq 32502-499g TOTAL Operation ,'md MMmcn,'mce Revenue Fund CCI IA Schola~.~hip FumJ Sccnrity l)clao.~it F'mid Il(md & ]ntert~l ('cdlficnl~ nf I In.~urance Reserve Fund Bond & [ntcre.~t Cer~ificau'~ of D~po,,tit Sinking Fund Re.~crvc laayroll Accmmt Special Eve]tLs Accoum C.~h Con.,~tn,ction Fund Ceflificat~ of De~slt Ce~ificat~q of Dc~sit Cenifi~ of i)c~sit Leon County School District Reg. G. O Bund Sa~a.~ta, [qorida ]nfr.x~tructure Sale,~ Surta~t Revenue Bond Iqorida Shale Turnpike Authority Bond Dural County, I:L.. School Di.~trict Refunding Bond I[ome.~tead. FL Special hl.mrance A.e,~e.~snlent Revenue Iloml I[on~tead. I:L Special In.~urance A. Me..~.m~cn! Revenue Bond Lee County FL Indtt~trial Development Authority Utility Rev, Bond l)aymna Beach. I:i. Walcr and Sewer Revenue Ih,.h $ '~x.91o I 425 I f12,4f, o 961 40.129 ~¢I,fXX) 'TOf,.41 I 397..~01 73,623 2,569 23.942 I 4i)fl. 134 4f}.OO0 25.000 25,0OO 30,000 lO,000 10,000 40,000 16G '1~. ¢'1 .ASSI1.'lf'A'FI¢)N Ca.ds - [Jmesldcled Fi,nd Ca.ds - Re.~erve I:u,~l Invr.~lment~. Reserve Fund Ca.~h - Re~crve Fund Ca.<h. Unrealticted lqmd C-aMi - Unrestricted I:mld C'a.:h. Re.~erve Fund Inve:~lmenui - Re.~erve Fund Inv~mnenu · Re..,er~e Fund Invc~lmenL~. Rc~e~te Fund llwc,~lnlcfsL~. R,'~erve I:nml Invt,~tmenL,~ - Key, eryc l:und Invt,~tmcnts - Rcmrve Fuml Inve.,~tmenL, s. Rt~erve Fund Inve.,~lmenL, s. Remnte Fund hlvestn~enL~. Rt.-e~e Fund lnvc~tmenU. Re.~er~e Fund lllvt~lll~n~s - Rc,<el~'e Fund I I I I I I I I I I I I I I I I I I COLLIER COUNTY IIOUSING AUTIIORITY ImmokMee, Florida AUDIT September $0, 1995 ACC NO: A-.1402 (SECTION 8 llOUSING ASSISTANCE PROGRAMS) SUMMARY OF ADJUSTMENTS MAI)E DESCRIPTION A3402E . SECTION g RENTAl, CERTIFICATF, PROGRAM (I) AccounL,~ payable -RECD Fund Pdor year ndjustmenls: Affecting rrsidu~ receipU~ 'ro ADJUST RI~'FIREM ENI' F:..X PENS E T(} ACTUAL Olds enlry should be reconlcd hy the I'1 IA) (2) Accounl.~ payahle. I IUI) Receivable from IIUD To Rcclg~.,~ify III II) ri:view (This corot should be recorded by Ihe I'1 IA) (3) I lap I Iud Family Self Adm. Fees I Ira' lo I louse Fees l&'~med Admin, fees Audit Fee Cummulative IIUD annu;d Contributions - Mod. Rehab Accoun~.,~ payable. 1 IUD To record contributions earned (This enlry should be recorded by the I'IIA) ¢4) Unreserved suq~lus Project Account Section 8 llAP To record provision for project account (This entry .~hould be recorded by the PIIA) Unreserved surplus Operating Reserve. SEC'I~ON g flAP To record provision for operating reserve ('llfis entry should be recorded by II~e PIIA) Prior ye~ adju.qments: Affecting msidu~ r~ccipts Not Affecting residual receipts To properly rrcord property acquisitions (This entry should be recorded by the PI IA) Prior yc.'~ adjustments: Affi.'cting resitlu~d rcceipL, t Not Affectiag rcsidu.'d receipts To record effect of not including Prior year ndjustmcnl.,~: Affecting rrsidu.'d receipts on I IUD l:oms 526111 ('Fbis entry should be recorded by the PIIA) Prior yem' adjustments: Affecting residu~ receipL~ Not Affecting residual receipts To correct error on I IUD Form 5268 I in r~cording provision for operating m~rve (This enuy should be recorded by the PIIA) 166 1':. 2119 S 6010 $ 6(,9.69 669.69 211g 1125 3000.0 748,432.70 3210.0 32,592.30 3230.0 765.00 3200.0 84,277.00 32200.0 ! ,760.00 2g40.0 2118.0 31,941.00 2glO,O 48,352.00 2827.0 48,352.00 2glO.0 9,90g.00 2926.0 9.90g.00 6O10.0 7,274.g5 6O2O.O 7,274.g5 ~10,0 16,430.76 6O20.0 16.430.76 6010.0 g77.g9 6O20.0 #77.g9 $ 951,396.19 S .51,396.19 I I I I I I I I I I I I I I I I I I I !6G 1e., COLL! I':R CC}UNTY IIOU$1N{; AUTIIORITY lmmok~lee, Florida AUi}FF .~epleml~r 30, 1995 ACC NO: A-3402 {SECTION I~ II(')U$1NG ASSISTANCE PR¢}¢;RAMSJ SUMMARY OF ADJUSTMENTS MADE DI~CRIPTION ACC¢)UNT NO: I)I~IIT CRI~I}IT AMOIV -SECTION ~ RENTAl, V¢)UCIIER PROGRAM 01 Due lo RECD fund Prior yent Lsd just mcnts: Affecting tesidu,'O n.'ceipL,~ T. co.ecl Ix, nsi.n ~l~is enl~ slamld Ix. tec.ttled hy the I'1 IA) (2) I lap I hsd Ilar Io I Iou,~ Fees l~qmed Admin. fees Audil Fee Cummulmive IIUD annu~ Comdbutions. Ms~. Reh~ Accoua~ payable - I ~ record CofllfibUtions earned ~is enl~ should I~ recorded by the PI IA) (31 Unmse~ed su~lus Project Account Section g I IAP To record provision f-r project account ~s ent~ should ~ recorded by t~ 1'1 IA) (4) Un~ed su~lus O~rming Re~e - SE~ON S IIAP To reco~ provision for o~mting ~e ~is ent~ should I~ recorded by the PI IA) (5) Prior ye~ ~justmenu: Affecting ~sidu~ ~ceip~ Not Affecting residu~ receipts To prol~dy record prolx,~y acquisitions ~Rtis ent~ should I~ reconlcd by the PIIA) P~or year mljustments: Affecting ~sidu~ receipts Not ~fecling residu~ receipu To record effect of not including Prior year Affecting ~sidu~ ~ceip~ on I IUD Fom~ 526gl ~l~s ent~ should I~ reco~ed hy t~ PIIA) (7) Prior ye~ ~juslments: Alleging ~sidu~ ~ceipu Nol ~fecling residu;d receipts To cor~ct error on IIUD Form 526gl in ~cording provision for o~ling ~s ent~ should I~ reconled by the PI IA) 2119.0 $ I .x0g 496,293.00 320(J.0 56.630.t}0 32200.0 ! .O56.OO $ 1.1107.77 2840.0 500,962.{}0 2118.0 53,412.00 2810.0 32.045.00 2827.0 32.045,130 2810.0 5,577.00 2926.0 5.577.130 6010.0 4,364.91 f~'}20.0 ,1.36,1.91 ¢~10.0 6,773.30 6020.0 6.773.30 6010,0 2.460.11(I 6020.0 2,460.80 $ 607,402.711 $ 607,402.7g I I I I I I I I I I I I I I I I I I I C(}LI.IER COUNTY IlOUSING AUTIIORITY hnm, dudee, Iq.rida AUDIT Sept~.her 30, ACC NO: A-3402 (SEL~ION 8 IlOUS~G A~SISTANCE SUMMARY OF AI}JUSTMF.~ITS MAI)E DIL~CRIPTION A.1402K. SECTION 8 MOI)F. RATI,: REI IAIUI,I'FATION PRO¢iRA M (I) Duc h, 14F. CD fund Prior year adjustments: AITccting rc.qdual receipu~ To correct pension alh,cation (Thi.~ entry should he rcc~mled by thc IqlA) (2) I l::p I Iud l'~mlcd Admin. fccs Audit Fcc Cummulativc HUD annu~d Contrilmtion.~ - Mod. Reh.'lb Account~ payahl¢ - IIUD To f~cord c. ntrilmtion.~ earned (.]'hi.~ entry .~hould be ret,tried by II~ PIIA) Unreserved su~lus Projcc! Account Section 8 II^P To record provisi,n for project account (Thi.~ enlry should be recorded by thc Pt[AJ (4} Unrc.'~crved .~urplus Operating P,e.,:crve - SECTION 8 IIAP .]'o record provisinn for o~rafing re~erve (Thi.~ entry should be recorded by thc PItA} Prior year ndju.~tm,'nl.~: Affecting rcsidu,'~ receipts N,t Affecting residual rcceil,l.,~ To properly fcc,rd pn:~y acqui.'qti.n.~ (']'his cnlry .qlt:uhl he recorded by Ibc PIIA} (6~ Prior year adju.~tmenl.~: A~cting rc~idu~ receipts Not Affcctin~ ~sidual rcccipt~ To ~cord effect of nut inclu~ng P~or y~r adjustmenl~: AfFecting r~:idunl receipts on !i~ l:o~l 52681 (~]lis cnl~ ~hould be rc~:mled by I1~ PIIA} (7} P~or ye~ adjuslmenl~: Affecting rc~idu~ receip~ Not Affccling ~sidual r~ci~ts To co~c~ error on HUD Form 52681 in recording pro,sion for o~rating r~c ('~i~ ~nl~ ~houhl he recorded by Ibc PIIAJ -48- 16G 1' ACCOUNT NO: I)F. III'F CRF. I)I'F 2119.0 $ 6010.0 56(}. 17 $ 560.17 32(~).0 32200.0 2940.0 211~.0 I (, 1.7~.l,(lll 16~.012,00 14.616.1~! 2gl0.0 2g27.0 756.00 756.00 2810.0 2826.0 1,492.00 I .,t92.00 6010.0 (dl20.O 1.587.24 1.587.24 6010.0 6020.0 3.744.90 3.744.9O 6010.0 {,020.0 6.01 6.01 190.774.32 $ 190,774.32 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Board of Commissioners September 30, 1996 Commissioner Lois Stubbs, Chairman Martha Lemus, Vice Chairman Dorcas F. Howard Leo Cardona Chuck St. John Expiration of Term November 4, 1996 November 7, 1997 October 17, 1998 October 27. 1999 November 7, 1998 Address Immokalee. Florida lmmokalee. Florida Immokalee. Florida lmmokalee. Florida Naples, Florida -49- COLLIER COUNTY IIOUSING AUTHORITY Immokalee, Florida CERTIFICATE OF BORROWER September 3{}, 1996 USDA RURAL DEVELOPMENT NAME: Collier County llousing Authority PROJECT NO: 119-¢}11-05914055 The information provided by Collier County Housing Authority to McQuay & Co., CPAs. P. A.. Certified Public Accountants, for the preparation of the 1996 annual audit to which this certification is attached is hereby certified to be true and correct, and it is further certified that the handling of the reserve account, the operation and maintenance account, and rental receipts by Collier County Housing Authority was in accordance with the USDA, Rural Development regulations. Done this -/ of 5/-q,', .~;.~,~ ¥' 1997. Executi ye Director -50- MEMORANDUM Misc. Correspondence Agenda Date~ Agenda Item # TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department March 20, 1998 Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Port of the Islands Community 1. Pursuant to Flodda Statutes Chapters 189 and 190, the Port of the Islands Community submitted the following: (a) Minutes of Board Meeting November 20, 1997 and December 18, 1997' (b) Notice of Board Meeting OctN~'xer 16, 1997 (c) Minutes of Board Meeting August 21 and October 16, 1997V~ (d) Minutes of Board Meeting Janua~ 15, 1998 (e) Notice of Board Meeting Febru,,aty 19, 1998 and March 14"1998 Thank You. :~speciai~peci~,l 16G 1 Notice Of Meeting Port of the Islands Community Improvement District The Board of Supervisors of the Port of the Islands Community Improvement District will hold their regular meeting at 4:00 P.M., Thursday, March 19, 1998 in the offices of the District at Port of the Islands Resort, 25000 Tnml,ml Trail East, Naples, Florida 34114. The meeting is open to the public and will be conducted in accordance with the provisions of Florida Law for Commtmity Development Districts. There may be occasions when one or more Supervisors will participate by telephone. At the above location there will be present a speaker telephone so that any interested person can attend the meeting at the above location and be fully informed of the discussions taking place either in person or by telephone communication. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (954) 753- 0380 at least five calendar days prior to the meeting. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record o[' the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Gary L. Moyer Manager .,,, m a-,~ o.e,. I~ o ...1~m · (.~3 -.-, ~ o 1~ o 16G Port of the ,Islands C¢)L*~,'~,~;;',' ~h'~¢-;; ' ,~ ."~'," '~ ':: r ' March Memorandum To: (;lerk ol'the ('ircuit ('(~url c,;(~ 'l'inn~thv .~. ( ;illutt 2671 Airpm'! Road, ('~mr! I'laza III t'.(). [}{~x 4 l;l{)l(,; Naples. Fhwida :M 112-:101 fi Ih)bert I"emandez ('()llier ( '()unty Mana,..,er ( ;(wel't~mentaJ ( 'enter 3;J()l J'~;,lst ']'amiami Ti'ail NtlpJus, Fl(wi(la 3:JP62 ' l)avid 13lack Hoch. Frey & Zukm)an 4875 North Federal Hwy.. 4th i"hnw I"mx I,auderdale. Florida h1;1308-4610 Thomas I.. Barna,'d 2;33 Sunrise ('ay l .~nit 102 Naples. I;[m'ida ;MI 14 Tim ,~tephens P(wt ol'the Islands ('.!.I). 12600 [)'niorl l~ad Naples, Florida 34114 Reference: From: Minutes of Meetings held ,JanumT 15. 1998 Gary I.. lXloyer Manaa'er Enclosed tbr your records is a copy o[' the minutes of meeting held by the l&mrd o1' Supervisors of Port of the Islands (',ommunity Improvement I)istrict as referenced above. (.;l,M/k~ 10300N.W. 11th Manor · CoralSprmqs Florida 33071 * (954) 753-0380 · Fax: (954'~ 755-6701 MINUTES OF 1WEETING PORT OF THE ~ COMMUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, January 15, 1998 at 4:00 P.M. at 25000 Tamlami Trail East, Naples, Florida. Present and constituting a quorum were: Thomas Barnard Richard Gatti Bernard E. Wolsky Millie K. Strohm Richard Burgeson Ch'~airman Supervisor Supervisor Supervisor Supervisor Also present were: Ron Benson Darrin Mossing Tim Stephens Marlene Wolsky Barry Bergen Nann Gatti Jack Strohm Anita Moore Marilyn Lauffer Susan Harmen Robert Genong Martha Genong Art Brodeur Charles E. Nelson Hubert Hall Dee Hall Jack Dreyer Bud Weatherby Sam Marchand Vic Patac District Engineer District Office Staff District Maintenance Staff Resident Resident Resident Resident Resident Resident Resident Resident Resident Resident Resident Resident Resident Resident Resident Resident Resident FIRST ORD~ OF BUSINESS Roll Call and Approval of Minutes 1. Roll C_nl! Mr. Barnard called the meeting to order at 4:00 P.M. and stated that all Supervisors are present. 2. ApprovaloftheMinutes of the December 18, 1997 Meeting Mr. Barnard stated the first item on the Agenda should have been approval of the minutes of the December 18, 1997 meeting. I believe everyone had these January 15, 1998 1 6G delivered to them, although it did not come with the Agenda package. Are there any additions or corrections? There not being any, i On MOTION by Mr. Gatti seconded' by Mr. Wolsky with~ all in favor the minutes of the December 18, , , 199711 [meetings were approved. SECOND ORDER OF BUSINESS S~nff Reports A. Attorney Mr. Barnard stated as I mentioned, Attorney Bruce Anderson looked at the Agenda and determined that it was not fiscally responsible for him to come out and charge us an hourly rate to come to a meeting where basically, the only issue is approval of the minutes and adjournment, and some reports that we may or may not have. Therefore, he is available by phone if we come across an issue that needs his help. B. En~neer Advertisement of Operating Permit Mr. Benson stated my report that we did, to follow up from the last meeting, the District Office has advertised our permit for the wastewater treatment plant. Everything is proceeding as it should with the D.E.P. on that issue. I am here in case there are any questions, and to follow-up on last month's meeting since there was some discussion. Mr. Barnard stated I think that issue has been put on hold, and although there may be some more discussion, I am not aware of it and any questions that we have are someone else's. C. Mnnnger Budget Amendment Resolution 98-1 Mr. Mossing stated I have one item. It is Resolution 98-1, Resolution of the Board of Supervisors of the Port of the Islands Community Improvement District Amending the General Fund and Water & Sewer Fund Budget for Fiscal Year 1997-98. The District's truck lease expired at the end of September, and the District opted to purchase the truck. Mr. Gatti asked is this the item we talked about at the last meeting? Mr. Mossing responded yes. That was not an item that was placed in she budget. Therefore, what this does is in the General Fund, it reduces the Road Maintenance item by $2,800 and increases Capital Outlay by $2,800. 2 January 15, 1998 IOn MOTION by Mr. Gatti seconded by Mr. Wolsky with~ all in favor Resolution 98-1 Amending the General Fundl and Water & Sewer Fund Budget for Fiscal Year 1997-98 in the ~mount of $2,800 was approved. Mr. Mossing asked should I discuss the other item. Mr. Barnard responded yes. Mr. Mossing stated approximately four months ago, I had brought to the Board's attention that there were a number of delinquent water and sewer bills from Golden Florida Resorts. There was some lengthy discussion about that issue. The Board had a motion to approve allowing Golden Florida Resorts four months to make good on those water and sewer bills. That was as of December 21st. That was actually the four months pending and we have not since received payment. Therefore, we anticipate to follow through with the disconnection of service by notice. Mr. Barnard stated the only comment that I would have is that is that we discussed that we would not disconnect anyone's service unless we would send them a certified letter notifying them. Those discussions were with Mr. Winston Lue, who is no longer here. We have so many changes in personnel. Ms. Strohm stated I would like to recommend that we do a letter, not necessarily certified. Mr. Barnard stated I think it deserves to be a certified return receipt letter. Absolutely. It gives them five days or whatever to get it to us. Ms. Strohm stated that is a good idea. Mr. Barnard asked the other thing is, this bill, as I recall, is it on a particular meter? Mr. Mossing responded no. It is actually on a n,,mber of accounts. Mr. Barnard stated I was thinking it was the one at the marina where they had the major leak. Mr. Mossing stated I think there are about eight different accounts for a number of reasons. Approximately three of them, in conversation with Mr. Lue, who is no longer here, has stated that their records reflect that it was a month that they never received the bills that were mailed. There was a little circ,,mstance under each one, but I went through lengthy discussions with him and provided him documentation and how these balances were calculated. Mr. Wolsky stated so a certified letter would reflect each meter. 3 January 15, 1998 Mr. Barnard asked are we directing the cut-off notices to the meters that are delinquent, or is it general? Mr. Mossing responded individual notices were sent under the normal process, after this last billing, so they would notice that there are balances that are remaining on those accounts. We would provide, at the Board's direction, any type of documentation that would individually outline each account. Mr. Barnard asked if it becomes an issue where the water has to be discontinued, is it discontinued for the property as a whole, or is it discontinued for those accounts? Mr. Mossing responded it would be for the individual accounts. Mr. Barnard stated that is what I think would be fair and reasonable. ! do not know where they are or what they are. Mr. Wolsky asked can you give us a general amount of the total? Mr. Mossing responded $10,000 or $11,000. There are a couple of accounts. One particular account has $4,500. Mr. Barnard stated I know the Marina part of it was a major account. Ms. Strohm stated the North side was another one, too. Ms. Strohm stated I make a motion. Your idea is very good. Send a certified letter. Mr. Mossing stated giving them five days. Mr. Barnard stated I think we can do it as a consensus. I think we can direct Staffto give them five days. Ms. Strohm stated may I make a suggestion to do it for more than five days? That is only because I know that Ms. Wong is out of the country; she is in Taiwan. By the time Jocelyn gets in touch with her, and translates it to her. Maybe 10 days would be better. Mr. Mossing stated Mr. Lue, from our conversations, was working with Mrs. Wong before so she should be aware of this issue. Ms. Strohm stated I do not know how much he told her. Mr. Barnard stated 10 days from the receipt of the letter is a reasonable time and that it would be discontinued for those meters, those accounts that are included in this $10,000 or $11,000. Ms. Strohm stated I am not sure that Jocelyn has the authority to sign off on a check that large. Mr. Barnard stated I understand. I think we want to be reasonable. Mr. Mossing stated we obviously do not want to disconnect service. 4 January 15, 1998 Mr. Barnard stated we have no interest in turning off the water. We have a great interest in getting our $10,000. Mr. Mossing stated yes. Mr. Barnard stated ! do not think we need a motion on that. I think that is just a matter of the consensus of the Board to direct Staff to do that. What else do we have? Mr. Mossing stated I believe that is all that I have. Mr. Barnard stated tell me about the neighborhood watch signs. I know Mr. Petty was working on that and he brought a sample. Mr. Stephens stated Mr. Petty is working on it. He was unable to make it today. I think he has the colors. Ms. Strohm stated I sent him a memo. Do you know if he received my memo? Mr. Mossing stated he had mentioned it was in process, but I do not believe he was ready to present anything at this point. Mr. Barnard stated hopefully, at the next meeting, he will have a recommendation. Mr. Mossing stated yes; we will place that as an Agenda item. Mr. Barnard stated let's do that because that is an issue. I think that we have approved the expenditure. Am I correct? Mr. Mossing responded yes. Ms. Strohm stated it was for $5,000. They were for directional signs and not the neighborhood watch signs. Mr. Barnard stated that is correct. Ms. Strohm stated I do not know that we came to any amount on the neighborhood watch signs. Mr. Barnard stated you are correct. Thank you. I am getting the signs mixed up. The reason I bring it up is that Mr. Wolsky asked me about it. Obviously, as you know, from recent occurrences we need all of the help we can get. Ms. Strohm stated I think Mr. Petty was going to get back to us with the cost and that is why we did not set an amount. Mr. Barnard stated I remember we had several choices and that we made a selection. Ms. Strohm stated we made a selection and he said he would get back to us with the cost. Since he is not here, we will have to table that until next month. January 15, 1998 Mr. Berger stated he had the cost. Usually to install one, on Newport Drive, as an example for us, within two weeks of our meeting, which was three meetings ago. Mr. Barnard stated I do not think that is correct. Ms. Strohm stated I do not recall that. Mr. Barnard stated it was not the last meeting. At any rate, it has probably slipped through the cracks. Mr. Mossing please make a note to follow up on that; we wanted to look at one neighborhood watch sign for reference to get an idea of whether that is what we want throughout the community or whether we want to try something different. Ms. Strohm stated I think we chose the style. We were just waiting to see how much it would cost. Maybe he could call us. Mr. Barnard stated I would have to go back and reread the minutes. Mr. Mossing stated we will place the status of the District signage program on the next Agenda. Mr. Barnard asked would you please ask Mr. Petty to call me tomorrow if he gets the chance, or whenever the earliest time is, to fill me in so that ! can inform the others. We can get this off the mark, rather than continue to carry it from month to month, especially since we have had a major upset along that line. We had a number of break-ins here a couple of weeks ago. Ms. Strohm stated around the Christmas holiday. Mr. Barnard stated it was just cars, and no homes that I am aware of. Mr. Gatti asked was the Chief of Police able to determine anything? Mr. Barnard stated ! do not know the answer to that. My guess is in situations like that they almost never come up with anything. The one car that was taken was found down the road, and I guess it was not badly damaged. It was left open with the keys in the car, not probably the best idea. However, the cars that were left unlocked came out better than the ones that were not because their windows were not broken. They just lost the phones, or whatever. THIRD ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Barnard asked are there any requests or comments? Ms. Strohm responded none from me. What I have is on the next item. Mr. Gatti stated just a thought as I was riding my bike the other night. I noticed that the fire ants are really starting to create a lot of mounds. Up at our 6 January 1,5, 1998 end, I dug a hole and put Andro in there. I noticed on the other side particularly, they are starting to expand. I wonder if it would be worthwhile to do something. Mr. Barnard stated our lawn service has that service has as part of their task. Mr. Stephens stated only if it interferes with the plant and growth of the plant. Mr. Barnard stated really. Mr. Gatti asked how about you, Ms. Marchand? Are you getting a lot of them? Ms. Marchand responded yes. They are awful and are out of control. We treat them constantly and the water just keeps bringing them up. Mr. Barnard stated I think it is appropriate that we get a quote from them for an ongoing treatment. It just gets to be more and more of a problem. If people are moving in and do not know what they are, it can be a real education. Mr. Gatti stated as Ms. Marchand stated with the water, we notice they are coming in the house, and everything else. I make it a point to go out and get the whole neighborhood by us, but even at that, there are quite a few of them around. I notice that on the other side particularly, just down the swale area, it is loaded. Mr. Barnard stated they are a major infestation here. I think treatment should be ongoing. Mr. Mossing stated Mr. Stephens, if you would contact the lawn company and have them submit a proposal for Board consideration at the next meeting. Ms. Marchand stated it surprises me that with the money that they are given, we should be considered a major client. You would think that it would be part of their treatment. It is not a big job. It is when they get away, that it becomes a major job. Mr. Barnard stated the contract we have with them is very specific as to what their duties are. That is what they bid. If we want to add to those duties and responsibilities, we have to be prepared to pay the dollars that it costs. If you bought any of that material lately it is fairly expensive. Mr. Gatti stated it is a major expense. Even if the District bought it and had it available, two or three of us could just walk around once in awhile and do it. Mr. Barnard stated I think the men are here two or three days a week and they can do it. Maybe it would be cost effective for us to buy the material and have it available for them. I do not know, but chances are they are going to hace a better source for getting it then we would. 7 Mr. Gatti stated I do not have anything else. Mr. Barnard asked are there any comments or questions? Ms. Strohm responded no. Mr. Wolsky stated on the November 20th meeting, we discussed a driveway on Circle Cay that was going to be blocked off. Mr. Barnard stated yes. I discussed that again this morning. The sod is being delivered. I understand the sprinklers are being redirected so that the sod will not die when it goes in, and it will be sodded. Mr. Wolsky stated thank you. Ms. Marchand asked what is to be done with the van that has been dumped. Mr. Barnard stated I assumed that someone was working. Someone call the Sheriffs Department and they will tow it. They will put a red tag on it and two days later they will tow it. A Resident stated that has been here two weeks, aboaut when these break- ins occurred. Ms. Strohm stated no. It has been here for a week. A Resident asked you just call the Sheriffs Department? Mr. Barnard responded every time there is an abandoned vehicle, you call the Sheriffs Department. They will come and put a red tag on it which gives the owner 24 hours notice to remove it. If it is not removed, they tow it. They have to put a tag on it. They cannot tow it automatically. A Resident stated we know for a fact that the police did not put it over there to get it off the road from an accident. A Resident stated it looks like it was in an accident. A Resident stated it was in an accident. Mr. Barnard stated I do not know that, but if it does not have plates on it, it does not matter. Ms. Marchand stated talking about landscaping, the tree was taken from the North Side Boulevard to replace the dead tree over here in the Keys leaving a big hole. The men tried to dig up the wrong trees and they started to make a ~ness of one area. ! think we stopped at Mr. George Miller because he said it was not the right tree. Do you have any idea when we are going to get our new trees? Mr. Barnard responded I do not know. I know that they were charged with the responsibility of providing us with some sort of replacement. I do not know the details. Mr. Petty knows this information. Mr. Stephens stated they are to relocate. 8 t I I IIIIIII I II II II II II II IIII ..... · I IIIllrl II January 15, 1998 Mr. this side? Mr. Barnard stated they relocated one, but they are to provide us with a substitute in that spot. Mr. Mossing stated they have billed us for retainage, which we have denied. We have approximately $3,000 of retainage that we are holding until they satisfy that requirement. Therefore, that is an ongoing process. Ms. Gatti asked is there anything on that convenience store? Is there anything there? Mr. Barnard responded I spoke with the purchaser of the property yesterday evening. His plans are being designed by the Architect at this time. He is going forward with the permitting and he will be, as the contract requires, under construction by June 15th. The contract required that and he is preparing to go forward with it. Mr. Gatti asked and the gas station? Mr. Barnard responded it will be a convenience store/gas station. There will be no service, just gas. He is looking for employees. Ms. Gatti asked and the design of that would be keeping up with the rest of the community? Mr. Barnard responded it would be wonderful if we could control that, but commercial properties are not subject to the residential restrictions. Therefore, they are not subject to design review. However, he has agreed to make sure that I get the review. We are going to try for a tile roof. It is going to add $4,000 or $5,000 to the cost of his building, depending on the size. I cannot make him do that. We are going to try. Ms. Strohm asked that area does not come under C.I.D. at all? Barnard responded C.I.D. does not have anything to do with it. Wolsky asked what side of the road is it on? Is it across the bridge or on Mr. Barnard responded it is on this side. It is right where the sign is. It is faded. Mr. Burgeson stated it is before you get to the hotel. Mr. Barnard stated it is the sign that states, "Coming Soon." Mr. Gatti stated landscaping would be important. Mr. Barnard stated I know. I understand. Mr. Gatti stated instead of asphalt, maybe we can get some landscaping. We can talk to the man. Mr. Barnard stated that is all we can do. 9 A Resident stated the road that turns in for the convenience store is going to be behind the red sign. I have been behind two people who have come off that road quickly, and I had to wait to stay behind them. Mr. Barnard stated we have a lighted barrier ordered. We have also just met this morning to complete that road which will come down off the right side of that property and will swing around and connect with Newport Drive. Ms. Wolsky asked does that have anything to do with the State roads? Mr. Barnard responded I do not know. Do you mean the road we are putting in? Ms. Wolsky responded it is adjacent to the State road. Mr. Barnard stated yes, it certainly does. One of the reasons that we are putting in the barrier is that D.O.T. has asked us to. Ms. Wolsky stated coming on to Cays Drive across the bridge, those lines are so dangerous. Mr. Barnard stated D.O.T. did that. Ms. Wolsk¥ stated I would like an address in Tallahassee to write to. Mr. Barnard stated when you ask a question or make a comment, would you please state your name for the record. It is difficult for the people who are taking notes to say who it is. Ms. Wolsky stated this is Marlene Wolsky. Mr. Barnard stated the last comment was Ms. Marlene Wolsky. Ms. Sam Marchand had questions regarding the landscaping. Ms. Nann Gatti had a question regarding the convenience store. Ms. Anita Moore had a question regarding the barrier. Are there any questions or comments? Mr. Genong asked are you open to comments now? Mr. Barnard responded yes. Mr. Genong stated my name is Robert Genong. I want to ask a question about the mosquito spraying activity. I talked to Mr. Stephens and he said to make a mosquito count and check the equipment. I was wondering what the status of that is. I talked to Mr. Don Hogan, who is in charge of Collier County Mosquito Control. He said they are already spraying on Marco and Naples. He said down here, he could probably get a permit to spray twice a day. He said a lot of places cannot. He said he felt sure that this was probably the worst place in the County. Mr. Stephens asked aerial? Mr. Genong responded no. Just with the equipment. January 15, 1998 1 6 G 1: Mr. Barnard stated unfortunately, we do not have the material or the manpower to do that. But, we are able to do some spraying and we probably need to do that. Ms. Strohm asked are you referring to the County coming in and spraying here? Mr. Geong responded Collier County will spray here. That is not the problem. I asked him that. Mr. Barnard stated I have not heard anybody that had a problem. This is an issue that we may want to address in the budgeting for coming years. If everyone wants greater mosquito control, we may have to add additional staff and additional equipment. We may have to purchase additional materials. In our budget, I think we have $5,000 which disappears pretty quickly when you buy those expensive chemicals. We may have even doubled that this year. We added quite a bit this year. But, you are correct. If you are going to do it twice a day, five or six or seven days a week, you are looking at full-time staff and additional equipment. Mr. Wolsky stated maybe it is worth it. Mr. Barnard stated this is an issue where we get into difficulty. We have to represent all of the owners of Port of the Islands, most of whom do not know about mosquitoes because they live somewhere else. However, they have to pay for the mosquito control, so we try to achieve a balance. Mr. Genong stated they pay for everything else. Mr. Barnard stated I understand that. All I am saying, Mr. Bob Genong is that we have addressed the mosquito control issue as best as we could in light of the budget constraints that we have. If we need to address it more aggressively, it is going to take a budget change. That will be done in June; ! believe we start that then. A Resident stated just like this fire ant situation. You are going to wait until the next meeting to talk about the fire ants. It is a problem now. Why don't you assign someone at the meeting and give him the power to get something done? There is no sense in waiting another 30 days on those fire ants. It is going to be that much worse. Mr. Barnard stated unfortunately, we are an agency of the State of Florida which requires that we follow certain procedures, one of which is that when we have an amendment to an existing contract, it has to go through the amendment. We cannot order the man to go buy some Andro, go around and take care of it, and 11 January 15, 1998 we will pay you later. We have to amend the contract to include ant control. That is an unfortunate thing. In the meantime, if anyone has some extra Andro, and they want to drop it around, we are amenable to that. A Resident asked you cannot amend the contract right now at this meoting? Mr. Barnard responded no sir. A Resident asked what is the procedure for doing that? Mr. Barnard responded we have to go to the vendor and get him to submit a proposal. We will have to have the amount of treatment. It will have to contain what he is going to treat it with, how often he is going to treat it, and what he is going to charge us for it. A Resident asked how long will that take? Mr. Barnard responded first we have to ask him. That is what Mr. Mossing is going to ask Mr. Petty to do. It might be two or three days. If it is a minor amendment to his budget and we feel that we can do it by consensus, we will do that. If it is an amount that requires a budget amendment for that item, we may have to come back to this Board and submit a budget amendment like we did today, before we can spend the money. A Resident asked what is the dollar threshold? Mr. Barnard responded I do not know that answer. A Resident asked for the material? Mr. Barnard responded I do not know that. Ms. Lauffer stated I am still on this track. This is Ms. Marilyn Lauffer. If it requires an amendment, which it might in order to do it right, do we have to wait until June or sometime to do that, or can the emergency meeting of this Board be called so it can be taken care ofbefore they get bad in the Spring? Mr. Barnard responded if I am not mistaken, the next meeting will be February. Ms. Lauffer stated so we would think that we could have something done by February. Mr. Barnard stated presuming that it does not blow our budget out of the water. ! cannot imagine that it would. It looks to me like it would be a $2,000 to $5,000 item, just as a guess, to do it every other week. Mr. Genong asked should you not appoint a committee tomorrow to start getting information on that? That is how every other place works. You d9 not have to wait for meetings. You can just assign someone to look into it for you. 16G 1: January 15, 1998 Mr. Barnard responded we have assigned that to Staff. That is why we have Staff and that is why we pay them. They will do that and they will respond to it quickly. : Mr. Genong stated okay. A Resident stated another piece of input on that. Several people have been asking about. The way it is done now, when the cart goes down the road, are we simply killing mosquitoes along the road and causing the rest of them to go into our homes because we have incredible infestations in our porches, in the front. Mr. Barnard, again, as I said before, we have limited equipment, limited manpower, and we have a budget that I think is $12,000 to $15,000. Collier County probably has a million dollar budget, or something like that. We can do what we can do. Basically, that is we have a truck that drives down the road and sprays in both directions. Yes, it probably does not kill every mosquito, and it probably never will. A Resident stated I am not saying kill every mosquito. I am saying is the system that we are using really a good system to use? Have people looked at it and decided it was a good way to do that. Mr. Stephens responded I will elaborate on that. It is the best system you can get other than going to aerial spray. A Resident asked in terms of residents and mosquitoes. I am not just talking about general mosquitoes. Mr. Stephens stated the mosquito product that we are using is for that. Ms. Strohm asked may I ask something along that line, too? Is it possible to hand spray in certain areas or does that take a lot of manpower and time? Mr. Barnard responded we do not have the equipment and we do not have the manpower. Yes it is possible. Mr. Stephens stated we had discussed that before about the hand spray. The District is not allowed to go on the private property of everybody. A Resident asked even though we give permission? A Resident stated when we first moved here, they did our yard for $25. Do you remember that, Mr. Barnard? Mr. Barnard responded that was not the District doing that. A Resident stated no, that was the Port of the Islands. They came around and we paid them to come around and spray for us. Mr. Barnard stated they had a maintenance staff of eight to ten people that we could do that with. Ms. Strohm asked is that something we could look into again? Mr. Barnard responded again, that, as we address the whole issue of mosquito control. Mr. Gatti stated do not forget. You are treating two square miles, at the very most. In a five or ten mile per hour wind, the rest of the mosquitoes come in and it is impossible to treat. The basic point is, if you do not like mosquitoes, you are living in the wrong spot. Mr. Genong stated I mentioned Mr. Don Hogan for mosquito control. He said it is just like crime watch where we are all willing to be a part of that. It is the same thing with the mosquitoes. He said that it might be a good idea to use spray as an individual. He said if you could run your normal spray, and then everybody would invest in it; it is not much. He said spray around your own place. He said it would be a giant step in the right direction. He also said you should wear an aspirator. Do not just go out there and breathe that stuff. Mr. Barnard stated yes, and that really is the only way that we can address this. I think a hand sprayer logger costs maybe less than $100, about $60. I am not sure that you can buy the really effective material, like we buy because you have to be licensed to apply that. Mr. Stephens is licensed. But, you can certainly spray something, whatever you can buy. Ms. Wolsky stated we have an electronic fogger and it is a petroleum based insecticide that you put in there. We spray and within 20 minutes they are back. You have to accept the fact that you are living in mosquito country. Mr. Barnard stated we have surrounding us thousands of acres of mangroves. A Resident stated and every mosquito that is ]isted. Mr. Strohm stated one of the things you have to keep in mind is if you live smart, you avoid mosquitoes. Mosquitoes are most dangerous one hour after sunset and one hour prior to sunrise. Therefore, do not go outside then. That is one way of avoiding swarming mosquitoes because that is when they generally swarm. I know I go out there 6:00 P.M. and they will swarm all over me. I go out at 10:00 P.M. and there is probably not a mosquito around. There is a big difference how you go out in your environment. A Resident stated that is when the spraying should be done. That is the problem. That is why it is so difficult to stop. To do it just before sunrise and after. January15,1998 16G lq Mr. Mossing stated I think you previously mentioned that you were also getting comments that there were people concerned about the District over spraying. They were against too much spraying. Mr. Barnard stated they were concerned about the material we were putting into the air. Instead of doing it twice per day, seven days per week, I know we are going to hear from them. Mr. Strohm stated we were at a meeting of the neighborhood watch. I saw one woman catch a mosquito, put it in her hands, and go to the outside to release it rather than kill it. A Resident stated I have a comment, if we are d~.~e with mosquitoes. Mr. Barnard stated yes. A Resident stated I have a question first. Do we, the District, pay the hotel to rent this room? Mr. Barnard responded yes. A Resident stated then I would like permission to send a memo to the hotel. I am sure we all feel the same way. I am displeased with the treatment, if we are paying for this. Mr. Barnard stated generally the room is set up. It fell through the cracks. It may be because this Thursday is the third Thursday. It is the 15th which means the 1st was Thursday. A Resident stated I would like to send my little memo to remind them that tables should be set up. It would be more professional. Mr. Barnard stated I think that is a reasonable request. We will form a committee of one, and you are assigned that. A Resident stated thank you I will take care of that. Mr. Strohm stated I will tell you what a group of us has done, for what it is worth, at least five or six men are getting Martin houses and are putting them up around the area. If we do it in mass. A Resident stated you need 30 around your home. Mr. Barnard asked do we have a question or a comment? This is Mr. Vic Patac. Mr. Patac stated I have a question. I heard that there is going to be a development of some sort across the road. Someone mentioned HUD housing, or low income housing. What is going on? Mr. Barnard responded there is a property across the road that is zoned residential tou~st. Under residential tourist, the allowable uses, in addition to January 15, 1998 16(; hotels, which may or may not be appropriate to have another one here. Multi- family is what you see and that is where you live. That is where the condominiums are. Those are the multi-family and those are the uses that would be approved. Mr. Patac asked those would be private homes and not a HUD deal or anything like that? Mr. Barnard responded I do not know what a HUD deal would be, but it will be for sale, multi-family condominium units. Mr. Patac asked is that going to go forward. Mr. Barnard responded I do not know. It is just land right now. It might. Right now, it is a piece of land that is zoned for development, eventually. Eventually, we hope it will be developed. Ms. Harmen asked who owns the land? Mr. Barnard responded the land is owned by Mr. Hardy and myself. That is, we have title to the property. Ownership is a little bit different. There are approximately $800,000 worth of tax liens and utility service liens. We are trying to solve those problems to get the property back to where it is producing and where it produces income for the District. However, that will require the cooperation of the certificate holders who are a couple of major lenders in the State of Flo~'ida. We are working with them. That is all I can tell you. We are hopeful. A Resident asked what are the time limits? Mr. Barnard responded there are always time limits. Every year that goes by, you add another $200,000 worth of debt. Eventually, it will not make sense. Eventually, it would go to public auction and then we do not know what will happen. However, we are trying. FOURTH ORDER OF B~ Approval of Invoices Mr. Barnard stated the next item is invoices. Ms. Strohm stated I have one question about the invoices and it is a comment. I am just trying to understand on the invoices where it says Coral Springs Improvement District. I noticed, and I could be wrong on the amount, but it says the total is $831.04 in December. In January, it was $956.40. It also includes life insurance and dental. I would like an explanation. I do not know what this is. Mr. Mossing responded Coral Springs Improvement District has a :arge health insurance program for the Districts that we manage, the employees fall under that group policy. That represents the health insurance and life insurance that goes to the District's employees, and that is billed to the District by Coral Springs Improvement District. Ms. Strohm asked what is P.P.C? Mr. Mossing responded that is the health insurance program. Ms. Strohm asked how many employees do we have? Mr. Mossing responded we have two. They have, I believe, family coverage that is then deducted from their paycheck. That is the gross amount. The employees get payroll deductions that offset the District expense. Ms. Strohm stated I understand. That is fine. IIOn MOTI0i~ by Mr. Gatti seconded by Mr." 'Wolsky with [all in favor the invoices were approved. The ei e~~i~n~g was adjourned at 4:.~L.Ii.. Thoma~s'~. Barnard Chairman Thursday January 15, 1998 4:00 P.M. 1. 2. AGENDA PORT OF THE ISLANDS COMAVIIfN1TY I~IPROVEMENT DISTRICT Roll Call Staff Reports A. Attorney B. Engineer C. Manager 25000 T~miami Trail East Naples, Florida Supervisor's Requests and Audience Comments Approval of Invoices Adjournment Naples 0ally flews Naples, FL 339~O Affidavit of Publication Naples Oaily News PORT OF THE ISLANOS 10300 Ng 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 0109~8 5761~383 Notice Of Meeting Po State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamo, who on oath says that she serves as cna ASSlstan: COrpOrate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Oaily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 01/08 16G AD SPACE: 63.000 INCH FILED ON: 01/08/98 Signature of Affiant Sworn to and Subscribed. b~re me this ~'~ day of 0120 Ha CE OF MEErlNG Notice Of ~Aeeflng Port of Communi~ Thursdav~ Jonua~ I 1~ in ~e ~c~ , visits d Fl~Jdo L~ f~ C~munl~ Devel~me~ sl~s wflen ~e ~ m~e Any ~r~ r~trl~ ~eclol occom~d~l~s (954) 7g~310 ~ I~t five re~e~ to on~ m~er c~sidered n~ o raced of ceedlngs Is made., including ~e testimony, such appeal is ~ be Jon~ B NO. 112~70 Dep rtment of En¥ironment ! Protection Sour,h D;st. rict Chiles ~.~.c)S ~C:Or'.n Avenue. Suite 364 V~inL~ B. M/echerell Go,,cmor Fora Myers. Florid~ 33901-3881 Sec,'euO, (g41) 332-6975 STATE OF FLOKIZ)A NOTICE OF DP,.~'T PEi~,fiT The Dep~rtmcnt of Environmenr~t Protection gives note. ce of ils preparation ~ a dr'~ permit (Department Permit ~'ile No.: F'L0141704-001-DW2P and OLD PATS Number 2~9415) to the applicant, Port of thc Islands Community bnprovcment District, do Thomas L Barnard, Chainn~, applied on May 14, 19% to the Department of £evlronmcatal Protec'~ion for a permit rtnc~v~l of the t:r~stiog State FD£P pcrmic Additionally, thc updated infomation r~celved oa June 2G, July 17, September 25, and November I'~, 1996, J~mu:~ry 29, February ~, Suet 20, June 24 ~d November '/, 1997, for the Port of thc ~hu~ds Community Tmprovcmeot District Domestic Advanced Wastewatcr Treatment ~'acilky. This permit is to opcr-.uc aa c:ds'tlog 0.200 MGD Mnxlmum Monthly Average Daily ~'low ~L~L-LDF) Bard~apho process, domestic advanced wastcwater treatm¢.at facLllty coaslstlng of four (4) altri~catloa zones, two (2) first ann,tlc zones, two (~) second anoxic zones, two (2) reaeratioa zunr4, dual clarifier units, dual dj§ester units, a filter unit, dud chlorlnc contact chamber, dunJ dechlor~nation units, a post aero4ion basin and a 0.200 MG reject store, ge t~nk with effluent to 3~S acres of wetlands in Collier County, in the State of Florld~. The facility n. od welJands are located approximately at l~tltudc 25' 5'/' 50" N, longitude 81° 30' 27" W. Any inter,seed person may submit written corru~enu on t~e draft p~'mJt of t. he Dc. po.re, meat or may subrt~t a writ:ca r~qu~st for a public m~cting to thc South Dist~ Omc:, 2295 Victoria Avenue, Fort Myers, ~orida 3.~O1-Sg$ ! in a~otctan¢¢ with rule 62-620.555 of' thc Florida Administr~Live Cod: The comments or request for a public rattling mus~ contain the Lrdon~ation ~ £orth below and must be rece'ived in the South District 2295 V~ctor[a ^venue. Suite 364, Fort Myers, ~orida 33901-.~$81 wi~Lu .~0 days of publicatio~ of thh notice.. FaiJur¢ to submit comm:.ntc or request a public me, ting within this ~mc per[od sh~l constitute a waiver ofa~y right s~ch person m~y )~vc to subrrdt comments or request a public rnec~g und~ rule 62-620.555. Th:: co,.:u~¢ntc or rcqucs: for a public meeting must contain the £oilowin§ i~ormation: (a) Thc corfu'heater's name, adcL,~ss, and telephone number, t~ applicant's narn~ and address, the D~a~ent Permit File Ntunber and the county in whJ~ the proj'~ct is proposed; A sm~:mcnt of how and ~¥Lu:n no,ice o£th~ Depo.rt. me~t action or proposed act. io~ was rtcdved; (c) A s~mcnt o~' the facts the Depa~rnent s~ouid consider in ~ng the ~na~ d~cision; (d) ^ seat.-meat of which ruJ~s or statues r~uir~ r~'~sd or medication of thc Department action or proi:~sc~ action; ~nd (e) Lf dcsLrccL a reques~ that a public rn~in§ be schcdukd inclu~n~ a statc~e4qt of'thc natur~ ~ issues propped :o be ralscd at the meeting. Hog, ever, thc Dcparm~¢n: may not always gram a rcqucst for a public rra:¢~ng. Therefore, written core,neats sl~u.~ be s~bmit~.-'d wig:in 30 days of publication af t~s no:ice, even i.f a public mcetJn§ is r~questcd. Lt' a public m~r. ing is s.:heduled the public co,-runcnt period is t.~er, ded u. nUl t~'~: close ~ the public m~ting. Lt'a public rr~ctJn~ is held a. ny person may subrrdt oral or wrhtcn statements and da~ at the meeting on the Department proposed action. As a result of signLficant public com.m~t t~e Dep~"~,cnt final ac.t. ion may be dL~D_rc~t from u~e positicn t~cen by it i~ t~s dr'aft permit. Thc pe. rmJc application file and supporting ~.ta a~ a~iL~ble for publ~: ir, s?ect~on during norm:~ businr, ss ~ 8:00 a.m. to Se00 p.m., Monday t~rcu§h Fri~y. ex:cpi Icg~ holicLays, at t~ Dcpartmcr. t ~1:nviroruncn~ ~otcction. Souuh Distri:: Office, 229S ¥icoria Av~uc. Sui:~ .~4. ?o~ .M):,"s, Flor:~ < CONF I RMAT I ON C T~ANSMIT ] REPORT> 16G 01-12-~98(MC~) l?:i2 NO. O~,TE T | ME OEST I NAT I 0N mO. D,J;~AT { 0N MOOE ;~ESLLT 59864 1-12 17: l ,t #8257~9-19412S34~J4 2 O' 0,1. ' 54" NOPMAL OK 2 O' 0 ~. ' 54" RESOLUTION 98- 1 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT AMENDING THE GENERAL FUND AND WATER & SEWER FUND BUDGET FOR HSCAL YEAR 1997-98. WHEREAS, the Board of Supervisors, hereinafter referred to as the "Board", of the Port of the Islands Community Improvement District, hereinafter referred to as the "District", adopted a General Budget for Fiscal Year I997-1998, and WHEREAS, the Board desires to reallocate funds budgeted to reappropriated Revenues and Expenses approved during the Fiscal Year. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISIORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT THE FOLLOWING: The General Fund and Water & Sewer Fund Budget is hereby amended in accordance with Exhibit A attached. This resolution shall 'become effective this 15th day of January, 1998 and be reflected in the Monthly and Fiscal Year End 9/30/98 Financial Statements and Audit Report of the District. '",4 PORT OF THE ISEANDS COMMUNITY IMPROVEMEN'I' DISTRICT Thomas L Barn~d,~h~an Ell I I III II IIII I I I II I I I I O~ (1) (2) "ATTACHMENT A" PORT OF THE ISALANDS COMMUNITY IMPROVEMENT DISTRICT BUDGET AMENDM'ENT - WATER & SEWER ill ADOPTED PROPOSED PROPOSED BUDGET INCREASE/ AM~-'~IDED FY 1997-98 (DECREASE) BUDGET TOTAL REVENUES SO.00 $0.00 50.00 I EXPEN'D ITURES; EIELI2 CAPITAL OUTLAY S0.00 $2,800.00 R~w^~. ,.. I~P~C~,~T S?S.~.~0 ~S2.~00.~) S~.?.~O.00 [TOTAL EXPEND1TURE~ S75,000.00 S0.00 $75,(X]0.00 I [~ ~coM~ ~o.oo I (I) Payoff on Ford Truck, not previously budgeted. (2) Reallocation of Budgeted Category 16G 1-~ 1811 ~8~88 III I Interest Ii,come Proper?y Tax Re-~e~ue Tot~ Revenues Port of the Islands Communl~' Improvement District General Fund Statement of l~evenues and Expenses For The Period Ending December 31, 19<)7 General Fund Prorated Budget Actual Budgel Thru 12/31/97 Thru 12/31/97 Variance S3.000 S750 $1 ~3,38 $283.38 S232.743 S58.186 S65.451.63 S7265.88 $235,743 $58,936 $66,485.01 $7,549.26 Admtnlst~atlvo Tax ColeCtO~ S3.500 S875 S0 C~ S875 00 Sul:~e'vtiO~ Pee~ S6.00O S I.~ ~.~ S7~.~ L~I ~et S8.~ S2.~ SS~ ~ S1,~ 1 .~ E~I~ ~, S12~ ~.~ S~91 S2.707.~ ACCOUnfl~ ~ ~.~7 S912 S911 76 (~0.01) Annul A~ff S4.7~ S1.175 S0.~ 51 R~dl~ ~te~ 52.315 S579 S578 76 (S0.01) T~ ~ ~ S2~ S 161~ S38.10 Ma~m~r ~ S7.875 51.9~ S1.9~.75 ~.~ C~ ~e [~ S~ S125 S0~ A~e R~te S~5 S 1 ~ S0.~ S 1~25 Tr~ ~ ~ S~ S125 S0.~ T~e~ S 1~ S25 S0,~ S2S,~ P~ S 1 .~ 5375 S2~.~ S 152, I0 R~ & L~ S 1 ~ ~ S3~ ~ ~.~ P~nn~ & B~I~ S~ S125 S41.~ S83.~ L~I ~ S~ S 125 S96,~ S28.97 O~ C~r~r C~r~ S~ S13 55.~ S7.16 O~e ~ S2~ S~ S 1~.72 (S83.~] ~, ~s. etc. S175 S~ 50~ S~.75 A~t ~1 ~ra~n ~,~ S875 S0 ~ S875.~ Tot~ Admlnls~e i ~2.~2 $18.369 $9,809.~ ~,~.20 I Field Pe~onr~e~ F'ICA Tax Pension Health Ir'.surance Workers C~~ S~t Ca~ ~ O~a~ ~ ~lnt~e ~e ~tena~e La~a~ & ~ul~ C~ Told ~eld Tot~ E~endl~res ~ce~ Revenues Fund Balance 10/1/97 Fund Balance 12/97 $24.5.760.26 j -2- Port of the Islands Community ImproYement District Water & ~ewer Fund Statement of Revenues and Exoenditures For the Period Ending Decerr~er 31. 1997 Revenues wc~e~ Reve~'~e Im~t ~n Wate~ Mef~ ~ SI~ ~ Int~ I~o~ W&S Fund Prorated Budget Actual Budget Thru 12/31/97 Thru 12/31/97 Variance $70 ~ S I 7.5(X} $20.::~4 01 S2,534 $11 .aO0 52.750 $2.660 01 ~5~ ~ ~ ~ (~2~ ~1~ ~7.~ S36.~7 31 S~ SI25 ~132 70 S7 Total Revenues I $342.500 $85,62S $&5.727.S3 $102.53 Admlnbtrat]ve S6~O0 Sl,S~O $8~ $2.CX~0 S5~ ~ SI ~1 42 S8~ S2.~ S3~7 5012 S~11 76 ~.7~ 51.175 ~ S1.175~ S2~15 5570 S578 76 (~01) S~ S~ SI61 ~ ~8 I0 57J75 SI.~Q S~ S125 ~ SI25~ ~S S1~ ~ Sl~2S S3 ~ 5875 s~ S~25 Sl~ S25 ~ S25~ S1 ~ S375 SI~ S1~ S~ SI0241 SS.121 SS~o S 1 ~ 5325 S25 21 S~ 79 Sl~ 52~ S~ s1~07 Sl~ ~8 Total Admln~rattv® J $62,55.1 Pe~on~N w~ Co~ S2276 T~e C~ 0~ S2 ~ ~ ~rt~e S1S~ 0~ ~o~ ~5.~ ~ & ~mc~t S72~ Total ~nt I $276.~ Total Ex~nd~es J M39,017 Net I~o~ (L~) J Reta~ Earnings 10/1/97 J Refa~ Earnings 12/97 j $18,199 $12,061.7& $6,136.72 J SIO.~C]0 $7.707 ~4 $2~2 16 $765 S74~ 61 S22 39 ~5 ~s~ eT) s12~ 87 so~ s'~ ~.~ s875 ~ ~ S2~ 70 S14~7 S~3 ~ 13 S~87 S2 ~ S2 ~ ~2 (52 82) S3.7~ S5 ~ 82 (S1 ~ 82] S87~ ~ ~I ~ S1.7~ 42 5125 587 75 ~7 25 $71.216 $89,415 $40.S:2.4.4a $343.391.52 J $62.8&6.26 $36.526.24 I $.12.841.27 I $489.793.80 J Ssz~.6~.o7 I Port of the Islands Community Improvement District Debt Service Fund Statement of Revenues & Expenditures For Period Ending December 31, 1997 Revenues: Interest Income: Reserve Revenue Interest Redemption Special Assessments Prepayments ~Tot.al Revenues S5,724.44 $2,168.58 So.co S223.54 S43~55.44 SO.co SS 1,572.00 II Principal Interest ~Total Expenditures Excess Revenues S25,coo.00 S260,325.CO s2~s,325.oo II ($233,753.00)I Fund Balance 10/97 $1,029.678.50 I Fund Balance 1 i/97 $795,925.50 Port of the Islands Community Improvement District Capital Project Fund Statement of Revenue & Expenditures For The Period Ending December 31, 1997 Interest Income Construction & Acquisition ~otal Revenues S465.12 Improvements Other than Building $0.00 LExcess Revenues $465.12 I LFund Balance 10/97 $$6,78o.7oI IFund Balance i 1/97 $57,245.82 J Z 0 -.-: A 0 o o 0 OO oo 0 16G 1", 0 O0 o oo O0 c~ § 16G 1' ,~y, ~= o o o § § § o o cz* oo o03 ~, o o.,.-, oo oo oo o oo Port of the Islands COM/4t. JNI f ~' IMP~OVEMENIT DI¢, rRt¢, r 166 '1.1. January 19, 1998 Memorandum To: Clerk of the Circuit Court c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Reference: Minutes of Meetings held December 18, 1997 From: Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Port of the Islands Community Improvement District as referenced above. GLM/kg 10300 NW, I lin M4nor * Coral Springs. Florida 33071 * f305) 753-0380 * Fax: (305) 755-670' 1 66 MINUTES OF MEETING PORT OF THE ISLANDS COMMUNITY IMI~ROVEI~ DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, December 18, 1997 at 4:00 P.M. at 25000 Tamisml Trail East, Naples, Florida. Present and constituting a quorum were: Thomas Barnard Richard Gatti Bernard E. Wolsky Millie K. Strohm Chairman Supervisor Supervisor Supervisor Also present were: John Petty Tim Stephens Andrew Solis Bruce Anderson Ron Benson Jack Strohm Sam Marchand Anita Moore Marlene Wolsky Cynthia Drake Jack Dreyer Albert Weatherby Anneliese O'Dormell Leo Fragiacomo Jim Simmons District Staff District Staff District Attorney District Attorney District Engineer Resident Resident Resident Resident Resident Resident Resident Resident Resident Resident FIRST ORDER OF B~ RoD Call Mr. Barnard called the meeting to order at 4:00 P.M. and stated that all Supervisors are present with the exception of Mr. Burgeson. Ms. Strohm asked Mr. Chairman, before we begin may I make a request? Ms. Marchand from the audience requested, if possible, can we move item 5B, up to the top of the list? She is very interested in that item and she cannot stay foc the entire meeting. Mr. Petty stated Mr. Chairman, I do not think the items above that will take more than 10 minutes. December 18, 1997 SECOND ORDER OF BUSINEKS Approval of the Minutes of the November 20, 1997 Meeting Mr. Barnard stated that each Board member had received a copy o~' the minutes of the November 20, 1997 meeting and requested any additions, corrections or deletions. On MOTION by Mr. Gatti seconded by Ms. Strohm with all in favor the minutes of the November 20, 1997 meetings were approved. THIHD OHDER OF BIYS~ Consideration of Engagement Letter .with Hoch, Frey, & Zugmnr, to Perform the Audit for Fiscal Years 1997 through 2001 Mr. Barnard stated the Engagement Letter with Hoch, Frey & Zugman is still for a five year period. Mr. Petty stated yes. What we are talking about here is we are required to have this as a contract and it actually saves us some time by not having to put this out to bid every year. It saves us some money with that process, as well. We lock in the current fee. If there is going to be any proposed increases or changes, that contract amount has to come back to us for a change. If we do not wish to, we would go out and get someone else at that time. From a staff perspective, this saves us the advertisement fee and request~ for letters of interest, if we do it in five year increments versus annual increments. We renegotiated it down to our current level so that there is no increase in cost. Mr. Gatti stated as I recall that amount was $4,0007 Mr. Petty stated it was in the amount of $4,700 per fund. Originally, he had asked for an $1,100 increase in water and sewer. We got it back down to current levels. Staff would recommend approval by the Board. IOn MOTION by Mr. Gatti Seconded by Ms. Strohm with[I all in favor Hoch, Frey & Zugman was authorized perform the Audit for Fiscal Years 1997 through 2001 the Board December 18, 1997 16G FO~ ORDER OF BUSINESS Declaration of Surplus A. On~n Generator Mr. Petty stated the 30 year old Onan Generator that was purchased from the hotel approximately six or seven years ago was beyond repair. That is why we went to the wastewater treatment plant generator about eight months ago and incurred costs. It is time to do something with the old Onan Generator. According to State Law, you have to either declare it as surplus, in this case that is what we are doing, or as a throw away item. The Engineer has evaluated it. You have his letter in the proposal. He is basically telling us that yes, it is a surplus item. It is not necessary for our operation. He recommends getting rid of it. He also states that alone, it is not worth advertising because the value of it is so low. tk 1991 Ford Pick-Up Truck Mr. Petty stated the second item is the 1991 Ford Pick-Up Truck which we talked about at the last meeting. It has over 120,000 miles and repairs on it are getting costly. It is time to replace it. He has evaluated it and also stated that it should be declared surplus. He states it has a price relevant to advertising it as surplus and getting bids. Staff would put both items out for advertisement and accept bids on both so that we would not incur cost for two separate advertisements. Again, Staff would recommend approval by the Board. Mr. Gatti asked do we still have another truck? Do we have to purchase another one? Mr. Petty stated we would purchase a replacement vehicle for this. Earlier this year, when we were going over the budget, we had discussed that the excess funds expected from a tax sale would be utilized to purchase a new truck. We have already looked at the State bid. A full-sized pick-up truck is $13,800 and change. That is what we are looking to replace this vehicle with and we would use those proceeds. Mr. Gatti asked would we have the available funds? Mr. Petty responded yes. Ms. Strohm asked why don't we trade this truck in for that one? Mr. Petty responded there are several issues. One is it is public property. Therefore, the proper way to do this is put it out for public bid. First, you are supposed to offer it to government entities and secondly, to the public. We do both in the public advertisement. The trade-in cannot be done on State contract. Therefore, you would have to advertise and bid it. You run into all that cost. [On MOTION by Mr. Gatti seconded by'Ms. Strohm with[[ [all in favor the Board authorized placement of the Onan[[ [Generator and 1991 Ford pick up truck on the District's[[ [surplus list and for subsequent advertisement for bids. ][ ~ ORDER OF BUSINESS Start'Reports A. Attorney There not being any, the next item followed. ]3. En~neer. Report on Evnluat/2ag ER~'s Mr. Benson stated a few months ago there was a request by the Board to look in~o some issues relative to utility ERC's or building connections. First, [ would like to sta~e that these utility ERC's are different from taxing units. This is relative to anticipated needs i'or water and wastewater; it is not necessarily the same as assessment units. Also, I may be posing more questions than I am answering in some places, but there is a reason/'or that. I ~hink that will be clear when we bring up some o£ those issues. Mr. Anderson and ! have talked about some o£ Chose. With your questions and direction, it may be applicable to go further. The reason I brought the colored map with the dif'£erent areas in different colors is tha~ there are a number of' parcels tha~ are currently not developed or only partially developed. Many years ago, these parcels were assigned these utility ElqC's. The letter in the Agenda package shows a total o£ 624 ERC's. There are ocher ones ~hat are assigned ~o the hotel and resort property, and there are others that are assigned to the individual residential lot where each single family lot is one ERC. Originally, the ERC's were assigned based on a potential plan of development where different types of development were assumed. There was an assumption on a large tract of land to the North that ~he panel would hold a number o£ RV units. Other tracts are multi-family and other trac~s are commercial. At ~ha~ time, there was a ratio established in order to assign these equivalen~ connections where a single family home is e~ua] Co one connection, a multi-£amily unit was 80 percent o£ a single family home, a hotel room was assigned 60 percent, and an RV unit was assigned 40 percent of' an equivalent home. That was based on general information, rules o£ thumb, water and sewer business regarding use o£ water and generation o£ wastewater. I ~h/nk it is pretty obvious tha~ an RV unit generates less than a home. The issues that I have considered that are in my letter are development o/' this table o£ equivalents. There is already a table of' equivalents that was assigned that I just discussed. Therefore, a question may be if there is potential change in 4 December 18, 1997 development today than what was assumed originally, do the categories you have now cover all of the categories that you may want to include, or should we have some additional ones? A proposal that was made by the owners of one of the parcels suggested a resort type of development instead of RV's. A Resident asked what parcel was that? Which one are we talking about? Mr. Barnard responded between 41 and the North Hotel. Mr. Benson stated it is the front half of eleven on your map. A Resident stated the front half of eleven has 102. What does that 102 stand for? Mr. Benson responded 102 is the total number of acres of that parcel. It includes the wetlands property which is only an easement. A Resident stated that includes across the way, the wetlands? Mr. Benson stated yes. The entire parcel is subdivided. Mr. Barnard stated it is more like 150 acres because there are abouL 90 acres in the back part and 50 in the front. However, be that as it may, the parcel that was looking for a small adjustment in the way things are calculated was the 50 acre parcel of which 20 acres is zoned RT, which is residential tourist, which allows condominiums to be built, and the other 30 acres is zoned Conservation. A request was made that in the event that we can determine that there is a market for a one bedroom, one bath condominium unit, can we get that assigned for one half of an ERC, even though a two bedroom, two bath is only eight tenths of an ERC, and a house is one full ERC. We started from there and it generated and grew. Quite frankly, it looks as if the possibility of that development taking place is getting slimmer every day. I am not sure of how serious we need to address this. However, in some other instances, there may be cases where lesser impacts may deserve to be assigned lesser ERC calculations. That is what we were looking at for a one bedroom, one bath unit. Other than that, I do not think there was much change, was there Mr. Benson? Mr. Benson responded no. Mr. Gatti stated let me make this simple so that I can understand il. It would seem to me that unless we know what is going to be developed, we would not know what the impact is going to be on our water plant, and our wastewater treatment plant. Mr. Benson stated right now you have assigned a number of ERC's to each parcel that adds up to capacity of your water and wastewater plant. 5 December 18, 1997 Mr. Gatti stated if we change that, we have to know what the impacts are going to be. Mr. Benson stated that is correct. Mr. Gatti stated unless we are in a position to know what is going to be developed, then all of the exercise we are going through here is somewhat moot, because we cannot anticipate what is going to happen and make a change accordingly? Mr. Wolsky stated it is my understanding that we are not going to change the total amount of ERC's. Mr. Barnard stated the parcel total would not change. That is my understanding. Mr. Benson stated that is one of the issues I want to bring up. If the parcel has 50 ERC's, and today they are assigned RV's, and each RV is 40 percent of an ERC, you could build 120 RV's. If you do not build RV's, and you build something else on that land, what can you build today? It was planned to be RV's. This is a general question. If you build a one bedroom, one bathroom unit, as Mr. Barnard mentioned, how many of those could you build? Or the way the rules are today, are you stuck building RV's? That may be a legal question. Mr. Barnard stated I do not have an answer for that. Mr. Benson stated one other issue that relates to this property is the zoning. The zoning is RT, Resort Tourist, and the zoning is 26 hotel rooms per acre or 16 multi-family units per acre, or some combination. Today, for a new development, if you wanted to do an RV park, you would have to rezone the property. It is not zoned for RV's today. There is an RV park there. Therefore, they are okay with Collier County Zoning because it already existed at the time the zoning was implemented. If you wanted to build something there today, it would be very difficult to be RV's, potentially, because of the zoning. Therefore, what could it be and how many could they build? That is the main issue. Mr. Barnard stated the intent was to simply take the same area and the same number of the ERC's that the parcel had been assigned, work backwards and be able to have some flexibility. Mr. Gatti stated I understand that. What action do you want us to take today? What aCtion is necessary today? Mr. Benson responded there are a series of issues that I want to pose. One question that I think the Board may need to deal with is, does the person who owns that property have to do RV's? Can he do something else? If he does 6 December 18, 1997 something else, how would you determine what is different. That does not necessarily have to apply to just this one parcel. It could be any of these parcels that are not completely built yet, which is approximately half of your ERC's. The other issue would be would you keep the same number of ERC's? What would happen if one person wanted more for a parcel? These are hypothetical cases because you could either stay the same, someone could ask for more, or someone could say I do not need all of mine. What happens then? Is that something the Board wishes to consider? If you go with more, there is an impact because you may have to expand some facilities. Ms. Strohm asked what was the past owner or present owner paying? What were they being charged? This land did not just come up now, is that correct? It has always been there. Mr. Benson responded they are assigned a certain number of ERC's. On page one of my letter, you will see for each tract how many ERC's that they are being charged for as far as standby fees. You are charged standby fees per lot. Mr. Petty stated that is correct. Ms. Strohm stated and they are still technically undeveloped. Mr. Petty stated that is correct. Ms. Strohm asked is there any reason that we just cannot leave it that way? Is there a reason why we need to change it? Mr. Barnard responded the only reason that is needs to be changed is that particular property is a problem property. It has not paid its ERC standby fees for three years. It is not anticipated that it will pay them until it can be developed. It has not paid its taxes for three years, and this will be the fourth year. Eventually, that property is going to go into a foreclosure sale and there is a potential for the utility lien to be wiped out because the tax sale would eliminate the utility lien unless you could go back and renegotiate with the new owner. I do not know legally, whether you can go back and say by the way, irrespective of what you just bought, you still owe S80,000 to $100,000 before you can hook up a water meter. [ do not know whether you can do that. That was one of my suggestions that it might pass on to a subsequent owner. I do not know legally whether it does or not. The lien certainly is eliminated when the tax deed is issued. Am I correct? Mr. Anderson stated I would rather not say at this point. Mr. Gatti stated maybe I can give another level of comfort or discomfort. The development is necessary to protect those of us who are already here, because if it does not develop, somewhere along the line, we have to pick up the slack. December 18, 1997 1 6 ~ ~ ~'~ That is, those of us who own property. Then Mr. Barnard's point is if it is not developed, it is just going to sit there. Ms. Strohm asked if we make any changes, does that have an impact on everyone else's? Mr. Benson stated only if you change the number of ERC's. Mr. Barnard stated as long as you maintain the number of ERC's, it is just a matter of how you divide them up. Under current conditions, if you had 50 ERC's assigned to that property, and I do not know how many there are, let us say there are 50, and you are going to build condominiums, each one of those is eight tenths of an ERC. Therefore, you could build approximately 60 condominiums or something like that. Mr. Gatti stated or twice as many RV's. Mr. Barnard stated exactly, but if you had a category for a one bedroom, one bath condominium unit, you could build 100 of those. It would obviously be a mix of those somewhere in between. It allows the property more flexibility to be more in line with the impact that it causes to the utility system. In other words, if a three bedroom, three bath home is one ERC, then a one bedroom, one bath condominium is less than one half. However, one half is what we have chosen as the minimum impact, except for the RV site, and I do not think we should go below that. Mr. Gatti asked did I understand you correctly, Mr. Benson, to say that the frontage property is not zoned for RV, even though the equivalent residential unit assigned to it is 0.4? Mr. Benson responded no. All the property in the North is RT or Conservation. Only the area that is currently RV can be RV, unless there is a zoning change. That can go before the County Commission. If you increase the number of ERC's, obviously, we have to have larger facilities. The other side would stay the same, or if you have less, then you do not have as many that are collecting standby fees. Therefore, the equivalent per ERC may go up because you have less people paying the same fixed cost. The costs of running the utility are the same no matter how many customers you have. Mr. Wolsky stated that is in answer to your question why we just can't leave it the way it is. If it is changed to attract someone to develop the land, and they start paying user fees, that will lessen the impact on all of the remaining people. That was my understanding of the proposal that Mr. Barnard made. Mr. Gatti stated again, your preamble stated things did not look so good. Mr. Barnard stated it is a very troubled property that requires very complex negotiations to be able to even get to the point where we can go for a zoning change because it requires a zoning change even to be developed in a logdcal sequence. Mr. Gatti asked do you need this action in order for you to pursue it? Mr. Barnard stated to get a zoning change, we would need to have a site development plan. The site development plant would have to delineate what you are going to build. One of the things we have looked at as a potential, is a one bedroom, one bath condominium that could be sold in the $60,000 to $75,000 range. We think that there might be a market for that. You cannot keep building the same thing on every piece of property and go head to head. You have to have a price point and price differential in order for development to take place. We have condominiums from $95,000 to $115,000, and we have them from $120,000 to $150,000. We have patio homes from $150,000 to $190,000, and we have townhomes in that same range. We have single family homes from S225,000 to $500,000. We managed to keep product differentiation and price differentiation. Right now, whoever acquires it and starts to build on it has to clear up. By June, there will be $800,000 worth of debt against that property. There is a maximum of 200 units to be built there. You are at $4,000 per unit. It goes up $1,000 every year. Each year it becomes more problematic to build anything that you can sell. Mr. Gatti asked what action do you need today? Mr. Benson responded part of it relates to the proposal that Mr. Barnard was talking about. If anything other than the existing type of development is proposed, right now you do not have necessarily an item in your equivalency that would address what they proposed, which is one bedroom, one bath and one bedroom, one and one half baths, and some things that were not RV's and are not necessarily your standard multi-family. Since the Board already has a policy on equivalents, you could always expand that at your discretion to allow more options. That is a possibility. One item that I was asked to look at was ii' the request of that particular Developer was reasonable. I have looked at that. A one bedroom, one bath unit, if you look at the number of fixtures such as faucets, toilets, sinks, dishwashers, and items that you would tTpica]]y have compared to a home, it is about 50 percent, where an RV is about 40 percent. A two bedroom, two bath multi-family unit would be about 80 percent. The numbers make sense based on both standards for water and sewer. Therefore, if you wish, you could add some to your equivalents to allow something other than RV's to be built on ti,at 9 December 18, 1997 parcel. Also, that would allow you to have a general rule in case another person who owns another parcel came in and asked a similar question. Mr. Barnard stated I would take issue with your statement that the District may need to do something to make a change in usage possible. I defer, of course, to Mr. Anderson on this. However, it would be my feeling that the zoning for the property controls what it can be used for. The intensity and the ERC's that will be used up by whatever that development would be of interest to the District. However, as long as whatever that usage was met and stayed within the requirements of the District's ERC assignment, I do not think the District will be involved in the decision of whether it is an RV park or a condominium project. Mr. Anderson stated that is absolutely correct. Mr. Benson stated ! did not mean to imply that. Ms. Strohm asked has the Owner of that property approached us to make these changes? Mr. Benson responded yes. Ms. Strohm asked are we doing this in his favor to help him? Is that why we are doing this? Mr. Wolsky responded yes. The way I understand this, we are trying to help him because he is trying to make a problem property go away and become a productive property. In other words, we have been on the Board and we have been dealing with the fact that this property does not generate any income the way it should for the past three years. We have had to deal with losses of $60,000. Mr. Barnard stated $30,000 per year, but it is now getting up to $90,000. Mr. Wolsky stated that will continue to happen. Ms. Strohm asked what does the City do when someone does not pay their taxes? Mr. Petty stated the taxes are not part of the issue. It was a Land Owner's request, that as he developed, he was going to have to take down the standby fees that are sitting on his parcel. That we would allow him to carry over, if he bought the property, without calling in the lien. That was what this Board had started to do. As he builds a unit, that is when he would pay the delinquent stand by fees. He wanted to know what was that fee going to be because he was not building RV units. Mr. Barnard stated I do not mean to disagree with you, but that is net in our request. Our request assumes that when we get ready to build on the property, we will resolve the standby fees in total. We do not know when that will December 18, 1997 LSG be. One of the things that we are trying to do is to get to that day is to be able to come up with a plan that makes sense. Ms. Strohm asked are you the Owner of this property? Mr. Barnard responded yes. I am part Owner. Mr. Gatti stated just a comment to the Board, conceptually, I would support an individual application such as being made. I say conceptually because I would like to see what it is going to be. However, again, I would like to see this land developed because for reasons other than having it filled in, but for selfish reasons. I am not prepared to make changes on the rest of the properties that may be affected without having any idea of what may or may not happen there. Again, if we have, as in this case, an application and they are asking us to consider changing the equivalent residential unit to make the project financially feasible, and that is what they must do to make it work, I would be willing to consider that and conceptually support it. I am not prepared to do that on any other piece of property. Mr. Benson stated you are not asking to change the ERC's. Mr. Gatti stated ! thought that was where you were heading. Mr. Barnard stated you are answering a different question than what he asked. I somewhat agree with you, except that I am not sure that Mr. Anderson will tell us that we can make a change for one property. Mr. Anderson stated all we are doing, as I understand, is recognizing some new use categories in addition to what we already have on the books--some different product type that may be developed and is not accounted for in thc District's recognition of different types of usage. That is all. If someone builds that type of product on the property that Mr. Barnard is speaking of, those new rates would apply there, or if someone else decides they want to try to build a similar product on another piece of property, that would apply equally to that other property. However, stay away from the zoning. That is not our business. Mr. Gatti stated that gives me a problem. Again, I am being selfish, but I think I represent a few people here. As an example, I know the South end of the airstrip would not be developed that way because the property is too valuable. However, it would bother me if it could be. At the South end of the airstrip, are you familiar with the units that have gone in? If we were talking about putting one bedroom, one bathroom units in that area, I have a problem with that for creating a change in our bylaws that would allow that. Mr. Barnard stated we have one bedroom, one bath units in Sunrise. 11 December 18, 1997 ERC? Mr. Anderson stated that is a zoning issue. A Resident stated if you have one bedroom, one bath in the Cay, what is the Mr. Barnard responded 0.8. We are obviously getting an emotional response here. I would like to see us table the issue until such time that the Developer is ready to come to us with a plan, and when they do, we can handle it on a case by case basis. Mr. Gatti stated ! agree with that. Ms. Strohm stated I agree also. Mr. Gatti asked does Staff have any direction on that? Mr. Benson stated a hold on that motion would not put us in any position either way. Mr. Bamard stated it tables the issue and allows it to be addressed on a case by case basis. Mr. Barnard stated when somebody comes in and wants to develop something that has one bedroom, one bath condominiums in it at 600 square feet or whatever, you can look at where they are going, see how it impacts your house, which is what ! hear the major issue is. Mr. Gatti stated I do not mean it that way. I just used it as an example. On MOTION by Ms. Strohm seconded by ~Ir. Gatti withl[ all in favor the issue of evaluating ERC s was tabledl[ until the Developer is ready to come before the Boardll with a plan, at which time each request would be][ handled on a case by case basis b7 the Board. [I Mr. Benson stated one other item under the Engineer's report was received in yesterday's mail. It is the draft permit for the renewal of your permit for your Wastewater Treatment Plant. This needs to be advertised per the State's rules that are outlined in the letter. The conditions of the permit are generally the same as your previous permit, except for some of the sampling. Not as many places are being required to be sampled. Primar/ly, there were originally sampling requirements in the canal. Even though the wetland where the effluent goes is not connected to the canal, the State requires you to sample there. They are dropping that with this renewal. The rest of the conditions are essentially the same. Just for information, the State is going to a new permitting and billing program. It has been adopted, so it is legal. They are going to start charging you December 18, 1997 per year instead of every time you have a renewal. An invoice is with this letter. They are asking you to pay $1,125 per year as your fee to have a WasteWater Treatment Plant. Mr. Barnard asked does this require a Public Hearing? Mr. Benson responded no. It just requires a Public Notice. Mr. Barnard stated of an Intent to Issue. If anyone objects, then they hold a Public Hearing. I do not think you need any action on this, do you? It is just to direct Staff to advertise it, as required, under the Statutes. Mr. Petty asked is that bill for $1,000 for this year, or since we already paid for the permit did that cover the first year, or is it the permit plus $1,0007 Mr. Benson responded it states on the invoice that they will be prorated at the time of final permit issuance which, in all likelihood, will be next year. So you will probably pay most of next year's at that time. That is all I have for my Engineer's Report. C. MnnAger Mr. Petty stated the only item I have to talk about is the architectural signage. We had talked about "This Area Protected by Neighborhood Crime Watch" signs, and also replacement of directional signs, particularly the North side. Forgive me for not having extra copies to go around the Board, I could not contact the Sign man in Naples. Mr. Gatti stated I brought one in. Mr. Petty stated I went to a local man on the East Coast. That is the architectural sign. It is a 2 foot by 4 foot high sign. I talked to him about items that were similar to what Mr. Wolsky had discussed along with the rest of the Board. You would have an aluminum insert inside of this basic rectangle that would have your directional information. Vinyl letters would be on top of the aluminum sign that are colored in white. It would go into a wooden frame approximately two inches thick that would be color-coded. Mr. Gatti stated that is a bad example of what I asked our people to give me on Stop Signs. They brought this one. I am not suggesting this is what we do, but it just gives you an idea. This blank is in and out. Mr. Petty stated the colors would be Port of the Islands colors--coral and blue. The circle on the top of that design would be our logo which would be sandblasted in, as Mr. Wolsky discussed from his trips. We received a basic p.qce for that. This is only from one dealer, but I think it puts us in the ballpark. For December 18, 1997 16G'l' the sandblasted sign, without the insert, it is 5644. The insert is 568. We have, I believe, three of those signs at the North side. I have not made a count on the South side. Mr. Barnard stated we are looking at 5700 per sign. Mr. Petty responded yes. That is not installed.. Mr. Gatti asked is it the sandblasting that costs so much? Mr. Petty responded the sandblasting adds quite a bit to it because you are actually comi'ng out with a rubber mold placed over the wood. It is sandblasted out and it is hand painted to match. To give you an idea, the crime watch signs that would go into a frame similar to what you just showed, but again we are talking about redwood that is planed and put together, is 5255 for the wood sign for an 18 inch x 24 inch insert. The wood itself would be 22 inches x 26 inches because you want to extend outside of it. The aluminum signs placed inside are 538. That gives us ballpark numbers and some ideas to look further on. I did not want to make purchases at this level until I got a little more input back, and also, because I was not able to contact the sign man. Mr. Gatti asked do you prefer the sandblasted signs versus the logo? Ms. Strohm asked what is the cost of the metal sign insert? Mr. Petty responded they are talking about the aluminum that goes inside, just the insert. The aluminum is $68 with the lettering on it. Ms. Strohm asked where is the sandblasting coming in? Mr. Petty responded the sandblasted circle would be our logo. Mr. Gardner stated that would be the S700 or 5650 part. Mr. Petty stated you are talking about a piece of redwood that is four feet high by two feet wide. It is going to be sandblasted at the top in a circular form. It is redwood planks that have been planed and joined to give you that depth. It is a nice, soft wood that lasts a long time. It is resistant to bugs. It is a nice sign. Mr. Barnard asked would we be looking at $5,000 or S6,0007 Mr. Gatti stated at least. Ms. Strohm asked how many signs? Mr. Gatti stated Mr. Wolsky, unless you are uncomfortable with this, I love the idea of the logo up here. However, I think we could do it. The sandblasting part is probably a little bit more than we want to spend. Why don't we consider either painting it or developing a vinyl logo that we can put on any sign that we have? But, I do not want to take exception to what you are saying. December 18, 1997 Mr. Wolsky stated we lived in outdoor resorts for seven years before coming up here. When we first moved in here in 1984, they put these sandblasted signs up and they are still there. Every year, or every couple of years, they lend themselves to just having part of it painted. It is a raised surface, and you just paint those. They still look as good as when they were first put up. Mr. Barnard stated we have a number of those in the community, but we have a number of other signs that are not nearly that nice. I guess this is basically trying to get uniformity. Mr. Wolsky stated it is also economy, in my view, to not blanch at a couple hundred dollars more, if that results in a sign that is much more permanent than the other one. Ms. Strohm asked can our budget afford $6,0007 Mr. Petty responded I think there is room in the budget for you to consider such an upgrade to the community, but you do it under other considerations. The budget is not unlimited, and there are other items that we have discussed. We talked about landscape improvements, roadway improvements, and irrigation systems on the North side. All of this lends itself to improvements to the Community, of which this would be one. It depends on which priority you want to do. Mr. Gatti stated the other thing that I would submit to you is that as we become more and more developed, we are going to want more and more signage. We are going to want all of our street signs identified, and that sort of thing. Whatever pattern we set, and obviously we want to stay consistent, we have to take that into consideration. This is a bad example of one, but ifyou drive through Port Royal or any of those areas, we are getting those signs for less than $200, and that includes the post, the bracket arm that shows the two streets hanging down from it, and the Stop sign or whatever directory sign that is there. Mr. Petty stated the post itself is S45. Depending upon what it is, it can be up to S95 if it is cedar or redwood. I think the Stop sign backing, if it is like that, is a framed panel. It is that marine pl)~vood that has been framed. I think that is where you are looking at the savings, more than anything else. In this one, you are talking about planed pieces of wood that are joined. Now, you are sandblasting out this rectangle for signs to go in. It is a different process. We can certainly look at that. Mr. Gatti asked should we get an idea of how many signs we are talking about? December 18, 1997 1 ~) G Mr. Barnard responded that would be the next step--to determine what the scope of the expenditure is. We talked about, for instance, this large sign. The first one you see coming into the hotel is the directional sign. It is way out of date. I was looking at it the other day. It has the real estate sign going back to the gate house. We would want to redo that sign completely to be current. There is no Palm Court Restaurant, that I am aware of. Mr. Gatti stated I like the perimeter of that and the outline of that. That looks good with the logo up on top. I think that concept is great. Mr. Petty stated unfortunately, that adds to the cost of the sign. Ifyou do it in a straight rectangle, then I can have the logo printed on a vinyl sheet, and of course, we are talking about a lot less money. But, we do not have that impact of the logo on top. Mr. Barnard stated I think that is nice. Ms. Strohm stated I agree. Mr. Petty stated at least this one gives you the opportunity to change things inside. If you pull that aluminum piece out. Mr. Barnard stated you mentioned there are four on the North side. Ms. Strohm stated there are two on this side--one that Mr. Barnard mentioned and one by the marina. Mr. Petty stated there are three on the North side that are still standing. We think there is a fourth because there is only one on one side, and it looked like there should have been two. On the South side, I have not made a count. Mr. Barnard stated basically, on the South side, the two that are the most glaring are the one directional index of property sign that is at the beginning that we really need to start over with that. I guess you could paint it out completely and re-letter it, but it has been there for a long time, it is leaning over, and it looks terrible. I would like to see us start with that and the marina directional sign. Make them look nice. Mr. Gatti asked is that Mr. Marchand's place? Mr. Barnard responded yes, and the directionals on the North side. Ms. Strohm stated we are talking about six signs? Mr. Petty stated two are going up to the North area and two are coming back from the North area to direct them across the highway, and it sounds like two more on the South side. Ms. Strohm stated that is correct. 16 December 18, 19.97 something you agree? Ms. Mr. anymore. Mr. Islands. Mr. Petty stated the signs are of various sizes because the one out front is a major sign. Mr. Barnard stated we may not need all of that. You really need to sit down and see what we need to have on there. Ms. Strohm stated you are only talking about $5,000 and I would rather do it the right way. Mr. Petty stated that would come out of our Landscape and Right-of-Way Improvement Budget. Mr. Barnard stated if you do this main directional sign out here, it is similar to that. It is a $2,000 sign, at a minimum, maybe more. Do Because it is going to be six feet high by three feet wide. Strohm stated we do not need all of those items. Barnard stated I agree. There are many items that are not there Gatti stated we certainly would not want to embarrass Port of the Mr. Barnard stated no. Would we do that one with an insert and a frame? Would we use just a different size frame? Mr. Petty stated I would recommend the insert. Mr. Wolsky asked would it make sense to do the logo in redwood and use marine plywood for the rest of it? Mr. Barnard responded you would only save $50. Mr. Wolsky asked is that all? The cost of the logo and circle is almost $700. You would not have a big redwood sign behind it. Mr. Gatti stated let me understand again exactly what these signs art, for, just the directional signs off of the highway. Mr. Petty stated we are talking about two signs. We are now concentrating on the directional signs that are on the North road that say North Hotel Entrance. RV Park. There are two of those going North. On the way back, it says Hotel Registration, I believe, and Marina. Mr. Gatti asked what about, and I am answering Ms. Strohm's question what is the final expenditure, all of our street signs and directional signs? I have lived here ten years and I still do not know all of the streets. Mr. Barnard stated the street signs, as you know, are required by thc County at the time of construction. A year later, they come back and do an inspection. However, it has been three or four years. 17 December 18, 1997 1 6 ~ Mr. Gatti stated how we do it is up to us. Mr. Barnard stated that is correct. For instance, Evening Star and Sunrise have wood routed signs marking those entrances where we did a number of' years ago. Morning Star and New Port have standard green street signs. Mr. Gatti stated my point is we are talking about more than three or four signs. Ms. Strohm stated we were not talking about the street signs. Mr. Barnard stated I think we are trying to go back to just informational and directional signs--marinas, hotels, RV parks, and those types of' things. Then, as we get f'u~her along, we certainly may want to consider upgrading the street signs. I think that would be nice, and all of' the street £urniture. Ms. Strohm stated so that they all look consistent. Mr. Barnard stated yes. However, I do not think it is anything we can go out and do at one time for the whole Community. I think we have to start somewhere. Ms. Strohm stated I think we should make a decision today because if' we wait another month, it will be that much longer. The directional signs arc in bad shape now. I like the sign and I think we can afTord S5,000. I make a motion to do it. Mr. Barnard stated make it up to $5,000 and see where we go? That way, at least if' it is going to be more than that, we can come back and look at it again. Ms. Strohm stated we will not go through this again. Mr. Barnard stated I guess we are talking about four signs on the North side and two signs on the South side, one of` which will be a major sign. It would seem to me that we need to identify what we want that sign to say now. Do we want it to iden~if.y the different condominiums that are down there and the residential area, or do we just want to say residential area. Ms. Strohm stated I think just residential. ~'vlr. Barnard stated or do we just want it to say residential, marina, hotel registration, and restaurants. Ms. Strohm stated I do not know if. you want to include the Park Service because I do not know how long they are going to be here. Mr. Barnard stated we should let them do their own signage and not make it part of' our sign because they have a one year lease. Mr. Gatti stated that is a case in point. They have a sign that is a blank piece of. plywood with green lettering on it on a two by four on the roadway. December 18, 1997 Ms. Strohm stated I saw that. Mr. Gatti stated one of the things that will accomplish want you want to accomplish, Mr. Wolsky, is consistency. If we set a theme and an idea of what our signage should be, and then carry it throughout the entire area. That is what concerns me about doing something that costs a lot of money. There is going to be a lot more signage here than you think, but I will go along with whatever you want. Ms. Strohm stated I do not think we are going to have any more directional signage. I think the only additional signage we would get into would be street signs. Mr. Barnard stated for instance, we tried to set, at least for the residential portion, a standard. If you go down New Port Drive, in the center, I think it says "The Oasis." We did pretty much the same thing on that ~ntrance. Evening Star and Sunrise both have similar signs, similar colors, with a similar logo. When the Developer did his project on the right hand side, he followed that set up and changed it a little. He has pilings holding it up, but it is basically the same colors. Mr. Wolsky stated it is the same thing with Stella Maris? Mr. Barnard stated exactly. Ms. Strohm stated they are all sandblasted. They are nice and I think our directionals signs certainly do not have to be in that color, or they could be. We could do it either way. We could use the pink and blue or whatever it is, or we could go and try to get the blue and white to be the uniform standard. Ms. Strohm are you talking about blue or teal? I would not want pink and blue like a baby's nursery. Mr. Barnard stated that is what the hotel's colors are in signs. That is what our signage has always been. It has been this blue bird with a pink background. Is it not? Mr. Petty stated I think the sign that I walked around for you would have the coral or pink outline, dark blue interior, blue background to a white bird. This would be white with the blue lettering. Ms. Strohm asked which is the teal? Teal is like a blue green. This is important. This is almost teal right there. Mr. Petty responded the printer calls it processed blue. Mr. Gatti asked what do you need? December 18, 1997 16G Mr. Bamard responded we need a motion for signage up to $5,000. We need colors. Is that going to take another month? Do you want to look at co]ors? Ms. Strohm responded yes. I would be glad to look at colors and do what is needed. Mr. Gatti stated he would be satisfied if Ms. Strohm called it. She has good taste. Mr. Barnard stated that would be fine. Mr. Wolsky stated that is fine with me. Mr. Barnard stated you are in charge. JIOnMOTION byMs. S~rohm seconded by~Ir. Wolskyjl with all in favor for spending up to the amount of $5,000 for directional .sic'naive was authorized by the Board. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Barnard asked do we have any questions? A Resident responded I have a question that refers to the apartments on the air strip? Have they already been zoned? Mr. Barnard responded yes. A Resident stated so there would be no worry for the people down at that end that a similar apartment would be built there. Mr. Barnard stated that is not necessarily so. They could build one bedroom apartment buildings there today. Multi-family zoning does not specify that. Evening Star Representative stated Mr. Cook asked me to come here and bring a set of plans for proposing his road at Evening Star. Mr. Petty stated we received a call from the Evening Star Property Manager who was looking to deed over the Roadways at Evening Star either to the Homeowner's Association or the District. He has sent a representative to this meeting to discuss this. Mr. Barnard stated the roadway was donated to the District when it was built. Mr. Petty stated I know that we went in there with the pavement overlay, and he is also talking about some drainage areas and the retention areas. Mr. Barnard stated the retention areas are currently easements and are owned by the Developer. The roadways were constructed by the Developer, I December 18, 1997 believe. We did the last overlay at Evening Star. Do you remember the Developer had to put up the bond? The Developer built the road :.nd contributed it to the District. It is a District road. Mr. Petty stated I think what they are looking for now is to deed the land of all of the retention areas over to the District to get it outside of the Homeowner's Association paying taxes on same and/or maintenance on same. I told him that was something that the Board would have to consider. Knowing that the roads are the District's, that we did accept those from Evening Star, and that was the issue with the bonds. Mr. Barnard stated I think what has happened is he is getting a tax bill for Tract R, which is the roadway. It should not be going to him. It should be in the name of the District and I think that is just a quick claim or whatever we need to do. The paperwork to accept that roadway was done in 1991. Mr. Anderson asked has that been pointed out to the Property Manager? Mr. Barnard responded yes. I personally pointed that out to him. He got the tax bill. It is a zero tax bill, but he is trying to get everything in someone else's name. He does not want it in his name. Mr. Petty asked and the drainage areas? Mr. Barnard responded the drainage areas, as I remember, are owned by the Developer, and are actually part of the property that is deeded, but there is an easement. For instance, the center drainage basin is simply a drainage basin. ~It is a part of our drainage system. There is no reason for us to not own it other than the fact that it is maintained by the Property Owner's Association, currently. If he wants to deed it to the Property Owner's Association with the District's usage for drainage, I would not have any problem with that. Mr. Petty stated he is looking to deed it over to the District. Mr. Barnard stated the Property Owner's Association maintains and rnows the drainage basin, just as they do on Sunrise. Whoever does the landscape maintenance for the Sunrise Condominiums, mows that drainage basin. It belongs to the Developer or it belongs to the owners, in common. Mr. Gatti asked so we would be picking up some cost? Mr. Petty stated if we took over the property. Mr. Barnard stated if we took over the property, we might. However, if he simply deeds it to the Homeowner's Association, then ever)thing stays the s~me. The Homeowner s Association takes care of it, as is proper. The roadways we already have. It is a matter that they have not been recorded as quit claim deeds 21 December 18, 1997 so the District is shown as the owner. I do not know that, but I am assuming that is what has brought this to a head. He received a tax bill. The Evening Star Representative stated he just told me that he wants the District to consider taking it over. As far as he is concerned, it is still under his name. He still owns the roadway. I do not think it is. Mr. Petty stated I will contact your office this week and we will define that. If we are looking for legal descriptions on the tax bill, if that is his concern, you can send a copy of that to us and we will check that out to see if it has been transferred. If it is a simple matter of correcting that on the Collier County Tax Bill, that we can do. If it is defining it out of a parcel, we will get back with you on that. Mr. Barnard asked what is the action on that? Mr. Petty stated Sir, I recommended that I contact her during the week, get a copy of the legal description that was of concern, research it, and find out what the situation was. A Resident stated I am rather new here and this is my first meeting. You are talking about money. Where is this money coming from that you are spending. Mr. Barnard stated the District, each year, establishes a Budget for the maintenance of the District owned facilities which include the medians, the drainage areas, and the roadways. That budget is reviewed at the beginning in June through August, and is passed at the August meeting. A portion of your tax bill that you receive from Collier County has a line item called Non Ad Valorem Assessment. There are two pieces to that number. There is the principal and interest on the bond issue that paid for the water system and all of that, and there is a maintenance fee for which this District operates the budget. Currently, that amount is $233 per year or about $20 per month. A Resident asked is that for each resident? Mr. Barnard responded yes. That is the budget from which the sign fees come from. It pays for the landscaping, staff, street lighting, and those types of things. You are certainly welcome to see a copy of the budget, although I do not have one with me. Mr. Gatti stated it also covers you sewer and water bill. A Resident asked does all of that go to the District rather than going into Naples? It might go into Naples, but then it comes back. · .11 III II II I II I I I III I I I I I I I II I I I ~ ~ December 18, 1997 It is collected by the Tax Collector and then Mr. Barnard responded yes. forwarded to us. A Resident asked you are elected by whom? Mr. Barnard responded the Property Owners. A Resident stated by Property Owners at an annual meeting. Mr. Barnard stated at a bi-annual meeting. A Resident asked who are the gentlemen at the table? Mr. Barnard stated I should have introduced them. I apologize. Mr. Ron Benson is the Engineer who designed and supervised the construction of our Wastewater Plant. He is a Professional Engineer with Holes, Montes & Associates, which is the Engineering firm that has worked with the District since its inception. Mr. Bruce Anderson is with the firm of Young, Van Assenderp, & Varnadoe, P.A., and Mr. John Petty is a representative of the District and is a part of the District Staff. Behind you is Mr. Tim Stephens, who is the working part of the organization. He reads your meters, fixes your water lines when they break, and so on. Mr. Bernard Wolsky, Ms. Millie Strohm, Mr. Dick Gatti, and I am Mr. Tom Barnard. I have been sitting in this chair since March, 1991. Ms. Strohm asked when was this District first formed? Mr. Barnard responded in 1990. I would be happy to answer any questions. Mr. Petty stated that was the bond that came out in 1990. Mr. Anderson stated it was actually formed in 1986. Mr. Barnard stated the District was formed much before that, but for all intents and purposes, did not do anything until the bonds were issued. A Resident asked and you have been meeting since 19867 Mr. Barnard stated I have not. Mr. Petty stated the District did. Mr. Barnard stated somebody did. I became involved in 1991. Mr. Simmons stated I am Mr. Jim Simmons from Stella Marls. Are we open for general discussion? Mr. Barnard responded yes. Mr. Simmons stated I have a question about cable. I understand you are the man who deals with that. Are we paying for it? Mr. Barnard responded let us hold that until after the meeting. We handle general discussion on issues that pertain to the District. Are there any other comments? December 18, 1997 ORDER OF BUSINESS Approval of Invoices liOn MOTION by Mr. Gatti seconde'd by Mr. Wolsky witl~ll all in favor the invoices were appr, oved. Meeting wai~journed at 5:00 P.M. 'I~omas L.~B~rnard Chairman 1' AGENDA PORT OF THE ISLANDS CO1VIIVIUNITY IMPRO~ DISTRICT Thursday December 18, 1997 4:00 P.M. 1. 2. 3. m 25000 Tamiami Trail East Naples, Florida Roll Call Approval of the Minutes of the November 20, 1997 Meeting Consideration of Engagement Letter with Hoch, Frey & Zugman to Perform the Audit for Fiscal Years 1997 Through 2001 Declaration of Surplus A. Onan Generator B. 1991 Ford Pick-up Truck Staff Reports A. Attorney B. Engineer - Report on Evaluating ERC's C. Manager Supervisor's Requests and Audience Comments Approval of Invoices Adjournment llapLes Daily News Naples, FL 33~40 Affidavit of Publication flapLes Daily flews PORT OF THE ISLANOS 10300 Ng 11TH MANOI~ CORAL SPE[riGS rL 33071 REFEREtIC~E: 010948 57607496 Notice Of fleeting Po State of FLorida County of Collier Before the undersigned authority, personally appeared 8. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily /laws, a da~ty newspaper published at ~laptes, in Collier County, Florida: that the attached copy of the advertising was published in said newspaper on dates Listed. Affiant further says that the said /~aples Daily News is a newspaper published at tlaples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class carter at the post office in tlapLes, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, fire or coporation any discount, rebate, commission or refund for the purpose of securmg this advertisement for publication in the said newspaper. PUBLISHED Ol4:12/11 AD SPACE: 63.000 IflCH FILED O,: 12/11/97 Sworn to and Subscribed before me this __ d,)7 of 19 0120 0F Notice O~ Meeting Port of ff~e Islon(~ CommunlN I~oveme~ DI~I~ The ~d C~m~IN I~oveme~ OIs~l~ will ~d ~e~ rag- ute me~ Thusly, O~e~r 19~ DIs~I~ ~ P~ of ~e Is. omi Tr~l Emi, N~les, FI~I~ 3~61. The m~. lng IS ~en to ~epu~llc o~ will C~munlN Devel~me~ Thee ~ ~ ~¢a. ~eFvl~s will ~lcl- ~e bY teleDh~e. At ~ve I~lon ~ere will ~ erese~ a ~er tale. o~e ~ ~ ~v Inter- ested aer~ can ~end ~e me~l~ ~ ~e a~ve ~1~ ~ ~ ~llv In. f~med ~leg Dl~e el~er In oar* ~ or by tel~h~e com. munlc~l~. Any ~er~ ~e¢lol accommo~lons ~ this meefl~ ~c~ of a dl~ll~ ~ p~yslc~ Im~lrme~ t~ ~e (954} 753~380 ~ I~st five meeting. E~h aer~ es ~ ~ ~y ~cls~ ~e respe~ c~sld~ed ~ ~e meeting I~ ~ls~ ~ D~ wilt ne~ ceedln~ o~ ~ ~c~d. In~lv~ ~e aers~ mov ceedlngs Is mode. I~clu~lng ~e tesflm~v ~ evld~e ~ whlc~ such ~oeol Is to be G~v L. ~over O;~ NO. 111026S Personally known by me FR"DER:C~ $ '"""~ST~:.~. CP.*.. ? $.-Zv,'.'.' G. ROS£.','. :?), l October ',). Ga,"':' .Moyer. Manager Po.,-:, or,he Islands Commur:it7 Improvement D~smc: 10300 Northwest I: Mmnor Coral Spnngs. FL 33071 We are pieased to comq.,."m our ',ir. dersmndmg o:' :he -:erv:ces we ate :o prov:de :'or Port or' C".e islands Commun.iw ..... Lm~rovement Dism, c: :'or :he ','ear e:'.dL':,z Se=tember 30.: 99,. !998. ~, o, 99. _O" e,j0 and 2001 . We will audit ~e ger.er:fl pm'pose :i.nm,'.c:al statements of ,=or:. of ::-.e islands Corr.,tour. ir:, L.-:.provement D~s,.'r:c: as o~'and ,"or :he ve',,s ~en ended. Each year our audit wqI be cor.ducted tn accor~r, ce '.,,':th _z:r.erai',y acc~ted auditing standards and :he standards For Fma,':cial audits cot.tamed m Go:',.--==.ent x..d;--,-, 5.'.and=tale, issued by the Corem'roi!er General or' the Uni:ed Sm:es t"E".e Yei!ov,' Bookl. and '.,,':.ii '-:':ci:de :esr. s oF the accot='.tme records of :.:".e Distr:ct az.d ot,~er procedures we cot.staler necesim-..' :o enable us :o express aa ta':cuaii~ied-ooin:or. :L':a.~c:ai s~a:emer.:~ are ."aa-ly ._-'r.-'se.-.:ed. ::-. a:: .-..a:e:':ai res.=ecT. :.q con/or'mir: ".'.'irk gene'mii:: acce:,:e~ accounting pr-'%~pies, flour opm:on :s other :.ha.-. '=cuaiuied. we 'aqii ,'=ally discuss :he reasor.s '.,.i:h you advance. Our audit '.vill include a re;':ev,' o:' :]'re s'..'s:em or' m:e:'r, ai control ar.d or' compiiar, ce ',,.':ti-. budgetar:' ar.d iega: reqmreme.,ts by d~e D~s~c:. T.':e ar.-.=ai :'e.=er: '.v:.il :n¢lude ora- re.'eor'~ or. :nte:'n. ai cOP. trOJ S~UCt"4.re, - ~'; - ,-, ' ,.cm...~,az.c, ,.el%-. b'.,,'s ar, d,,._....,..c,,.,.:',' .... and - ............ .......- .-~...,... !et:er as ."ecru:red. bt' tee Aud::or Ger. erai :'u!es. t--ne mar.azement oz' the D:s=c: :s resrozs:i','.e "-- :s:a:z'i:s?'.::'.,z and ..... [n fu!:iil:n~ :h~s '"~,,..~on_,m.,,..~" ;'-' es::..'r.a:es '..nd : .... ~ "' ............. " ....... :---.~ :o assess :!lc -.':::et:ac' ?~ene~lrs ar.d related coszs ,,: ..... ',: zen:roi s..':7:.: .-are :,:::c:e~. an'.J 2: :cea=res.' ~'~ :.e .,b,-,.... ...... ...... ~-s or' an m:c.--..:.'. con:'oi s=-~c:',.:re,.,',-, :o .:ro"':de -',-',.......?..e-'... '.','::iq reasonable. :. .... .. .".ct :'.= so,ute.' a.-=,,'-"-',- ........... '-' ';",' assets :ire _,.e~",' "'",-e,',.:'-',' a,,',ins': .... Joss .'5'.om =.-.a=z~'.or:.zed =se or d:s:os:::on and ..... accordance '.v;:h manaz:mer.:'i a.=thor, z:,-::,:ni - ~ ..... rd-'": pm ....... ,, ,n,. ~.,-.... .... p,.."m..:: :he 7'"7 ....... c:'" ...... ' ,t., ,o_,. :inanc:aI statements :n aczarr, m-.,:e .v.-= ....... ':7 ,c,.,..,.. ..... o...~,,,= Port or' the Islands Commum~7 Lm, provement D~s~ct October. !0, t997 Page 2 Ln piar."mng and performing o ,v.a' audit tbr ',.he ,:'e~s sm:ed above. '.ve w~il consider :he mt~,~:nat control s~".:cr',.=e :n order to dete,vnir, e our at.:diting procedures ."or the purpose of expressing our opinion on the Disu-:ct's ger. eral .:_',',"pose Fma. nctal statements and not :o pro,,'~de assurance on the internal conc'ot s~,-acture. We w~il obtain mn ,mderstrmdmg of the design of :ke :e!evar, t .:olio:es and procedures and whether they have be=n placed m opera,on, and we W~ll assess con:'ol risk. Tests of con:'ols may be pe,'-:'ormed to test tko er'fe:r, veness of c,-",,am poiic;es and procedures t,ha: we cons:der relevant to preveann, g and detecting errors a.,":d a'regular:,t':es :,~at are material to the generai purpose tinanc:ai statements and to prevenr, r:.g a,-:.d detecting m~sstatements resuitmg .fi'om illegal acts =d other noncompiiance roamers that ?,ave a direct mqd material effect on u~.e general purpose financial statements. (Tests of cor. a'ols are required only tf con=ol risk is assessed be!ow the max.imm level.) Our tests. ~f per','o ,r':v, ed. '.v:ii be !ess in scope than would be necessary :o render an opinion on :,he internal con=ol sz-.:cture policles and procedures and. accordingi?, r:.o opinion '.,,"ill be expressed. We will m:'orm you or' any marie:ts revolving :nte.--..al ce.~:oi sz".:cture and :ts operation that we cons;der :o be r~or'.abie conditions under sr.~ndards estakiished by the .a~..em,,can D, sntute or' Cemfied Public Accountants. Repot-able conditions revolve mar. ers coming :o o'~ aaennon relating to s:gm~fica'~: deficie,":c:es m the design or ope:"aaon of the m:e.-r, ai con:ol s~cc:ure that. an our judgment, could adversely affect :i-.e enn::"s abiiiw to record, process, sta,'ru'n.a":.ze, and repon fi..-.ancial data cons;st~t ,.vmh tine asse,'m, ons of ma-.agemer,,t m tine general purpose :':.nar:.c:ai state.-:'.enr, s. CompS:tee '.v:t,h laws. reguianons, conn"acts, and _~-e.r,t a~eements appiicabIe to '...kc Dis=-i,c; is the re~ons;bdit5.' or' Port. or. '~,e Islands Contains. it7 L,"nprcvement D:sm, c:'s ,':':=agement. As pm of obta:mng reasonable assur=ce about whet,her the general gu.~ose F-":anc:al statements are ~ee of matema! m:sstate.-..~-...t. 'a .~ '? !! per:btm tests of the Dismc:'s co.'...:i!ance .'.'::~ :.'.:-t:. :m .=ro',qsions of Iaw.~. rewatat'ions. cot. tn'acts, and ~m-ar,.ts. However, ',_he object:ye of our audit v.':,il ,'tot ~e :o provide an opinion ,m overaii compliance ,.,,-kin such pro','mor, s. :z,":d we ,.vdl .-.o: ex?ross ~uc?:. aa op~mo,".. Our ?.r~,...~'.zresc~-~''~,' wu. ii mcluce' ' ' tests of documenta,'"v .... e'.".,ience suc~cm:n.~ '.he .':'.ansact~on$ recorded ;n' tko accounts, and mai,' include tests of :?:.e o?.'.'~.;ca', e>::i:ence c." :n'.'e.".te.-.:s. and d~r~:ct confirm, at:on rece:vab:es and cot-tarn other assets and flab:it:res :~'.' :c':-res:o.-.cence '"":' .-c, .... d ............................. =,..o anc 16G 'I Pon of:he Island Corem'arab' [mpr0vemev, t D~s~,ct October ~ 0. i 997 Page 3 An audit includes exa,,mmmg, on a test basis, e',.idence sup.~o~mg C'~e amounts and disclosures in uhe financial smte.'n, eats: there:'ore, our audit ',Vtll revolve jud_,~e."tt about '..he number of ~a'ansactions :o be examined a.n.d the areas to be tested. Also. we ',,,'ill plan and pert'otto the audit to obtain reasonable assurance about whether the financial statements are flee of ma:ez:,.al m~ssta:ement. However, because of :he concept of reasonable ~surar:ce mzd because we ,.v~il not ~effo .r:r, a deu~ied examinanon of all transacnons. there is a ask that mate.~aI e:'rors. U're~lannes. or illegal ac:s, mclud,::~g fraud or defalcav/ons, may exist and not be de:cc:ed by us. We '.rill reform 7ou, however, or' ~W mar. ers of that nature that come to ota- av. ennon, urfiess :hey are ,,,ea.,: inconsequential. Our re~ons~biiiv:' as auditors is limited to the period covered by our audit and does not extend to matters that m~ght arise du,~",.g any later pet,ods for '.vNch we are not engaged as auditors. We tmderstn.nd that you u,'~ll provide us ',,,nth the bas;c tofo .ran, at:on required ,"or our audit and that you are res.'eons~bIe for the accuracy and completeness of that int.'ormanen. We '.,,ail advise you about appropriate accouun:mg pnnc:ples and thoU' applicanon and will assist m the pre3ara:;on of your financial statements, but :he responsibiliv:' for the F.,n~ciai statements remains '.vu,h you. "I':'Us responsibili,ry incmdes the maintenance of adequate records and related internal control s~-.:cmze .~olicies and procedures, the se!ec~on and applicanon of account',ag prmciples, and the sa£eguardmg of assets. Our audit :s not speci:acally desired and carmot be :eiied on :o disclose reportable conditions, that is. s:~ificant deHcier, cies ,.n the design or o.~e,-'at:on o:' C-.e :n:e.'v..ai con~'ol s,-,'ucture. However, dunng C'~e audit, i£ we become aware of such reportable condi~ons or wa:,'s that we be!icrc management practices can be improved, we 'gill co~a'nun:ca:e them to 7ou m a separate [e:':.er. Tae Dis:nc: shall have adjusted ar closed ail accounts and have pr~ared a general ledger and tn'iai balance and shall have them avaf, abte :'or audit by, N~vember ~". o£ each ,'"'ar~ . iD:.e Dis~cr shall prm,.ide space deemed adequate by ~e audi:or to e:2]c:entl',' conduct :..he a,.:d::. ~-:e Dis~c:'s staffshail render all t.'easible assistance, including preparanon of schedules recua'ed h:,' the audi:ct, tTpmg of all cash or other con~,,-rnav/ons '.ve recuest,. Iocat'mz_ anv, m,.'otces se!et:ed ~,:.' '.ts :'er 'e,~:=',. - =. shall respond promptly :o recuests for m:b .r:'n,.a::cn and :row. de a:i ..... ~ ..... ;tools and ' ,.,~ . .,c,,__-~., recorzs for '"'-~ auditor to ex.aediently conduct :he engage:v, en:. Our fees :'er :?.ese se:-.':ces '.v:!i :~-'., l'~ased or. '.le ac,".:'_", :~.-.:e .~."e.~: 2: cur standard houri'.' rates, pius and other ou:-ot:oocke: costs such as re=ox product:or:., r.'~:-', ~os:gfe. etc. Om- standard hourly rates '.'ar'.' according :o tee de__'3,'ee of res.zor'.s;b~h:7 :nvoived ar.d :he ex.:e.-.eaze ie'.'e; .):' ~he persormei ass~g"ned to ,.'our audit. Our fees ;'or these se.-.'?.es '.,.'ill ~e 5-'.,00 :bt :Se Get:era! Fund ar.d ~~r and Sj'wer Fund for each of the :]'.'e ,.'ears s:ated ca, the :irs: =araz::aa?.. T'~:s estimate is based on "antici=ated) cooperanon fi.om .,.'our persormeI and the assum.onor-. :Eat unex.zec:ed c;rcumstances will not be en'.'ountered ! c. ur,.ng u"'.e agd::. [: sL_or..:zca.-.= addmonal ~me is ze.:essarT...t'e '.v:.il &scgss ~t "v~th you and arnve at a ne:v~ fee es~mate before we recur addinonal costs. Frock, F~¥ & Z~:o.'~...~.'~', CPA's Port of the Islands Corru,,un~r/ Improvement Dis~ct October 10, 1997 Page 4 Eit~her parry may cancel .~his agreement for the subsequent year by v, vinen notice to the other part5/no later than June I" of that year. We appreciate the oppor~mir/to be of service to the District and believe :his letter accurately summarizes Ge significant terrr, s of our engagement. If you have any quest:OhS, piease let me k.-,ow. If you agree with ¢.e terms of our engagement as described in this lener, please si~ the enciosed copy and re~"n it to us. Very ~,'v~ly yours. HOCH. FREY Ce~fi~d Pubiic Accountants RESPONSE: This lener correctly sets for'da the ,,mderstandk',.g of Po~ of the isimads Cor:',_~uni~ L-'nprovement Dismc:. By: Title: Date: ttoc~. Fuw¥ & Zt'o:ta_w. CPA's HOLE, MONTES & A,~SOClATE~, INC, ENGINEERS PLANNERS SURVEYORS December 1, 1997 Port of the Islands Community Improvement District 12600 Unioa Road Naples, Florida 33961 Surplus Equipment/Vehicles HMA File No. 1990154 Dear Sirs: 16G '1 Pre$otving and OnhG,~ciag Florida's ~uattry of rite SinCe 1966 The District has a 55 kW Onan Generator manufactured in 1967 which is located at the Water Treatment Plant. This generator no longer is in worlcing condition, its loads have been transferred to the generator located at the Wastewater Treatment Plant, and it is no longer cost effective to repair the generator due to it being thirty years old. We concur that this generator be placed on the District's surplus list. Due to the age and condition of this generator, it is anticipated that the salvage value for the generator may only be that for scrap metal and that it would not bring an adequate price to justify sale at auction. The District owns a 1991 Ford pickup truck with over 122,000 miles. A truck with this high mileage is generally reaching the end of its practical se~,'ice life where repairs and maintenance are anticipated to increase each .','ear. In the event that a new truck will be purchased, it is recommended that the 1991 truck be placed on the District's surplus list. Depending on the means which the new truck is purchased ('local dealer or State contract) would determine whether to trade-in the old truck or to sell the truck at auction. The current value ofthe truck should justify the ex"peme for sale at auction. Feel free to contzct me if you have any further quest/om. Ve~ truly yours, HOLE, MONTES AND ASSOCIATES, INC. Ronald E. Benson, Jr., Ph.D., P. Vice President, Director of Environmental Engineering REB/nsl CC: John Petty Tim Stephens ~4 ~.ZSZ.4~ ' r DEC 92 '97 a~_:9! ..... 1 6G '1e, ~eserving anti eJ'd%~n~ FlorTcta'$ quelity o/life since 1966 HOI.~ MO~ & A~SOC1AT~S, INC, Board of Supervisors Port of the Islands Community Improvement District Utility ER.C's Pon of the Islands HMA File No. 90.154 Dear Board Members: Pursuant to your request at the August 21, 1997 Board Meeting, I have prepared the following report for your consideration. BACKGROUND There are currently some undeveloped parcels of land and parcels for wh/ch development has not yet been completed at Port oft.he Islands. These include thc following: Utility ERC's Parcel Desi.~,nation 48 IV 112 V 20 VIII 72 IX 72 IXA 165 135 XIV 624 Southwest Commercial - 12 acres Multi-Family - Southwest Southwest Commercial - 5 acres Ea~ Channel Multi-Family East Channel Multi-Family North RV Park North Hotel RV Parcel Total These parcels for which development is not yet completed represent' approximately 60 percent of the total Utility ERC's for the District. The initial assignment of the Utility ER.C's for these parcels was based on an assumed type and density, of development, as well as assigned ratio per unit relative to that for a single family home. The ratios used in the initial assignment of Utility ERC's is as follows: Single Family Home 1.0 Multi-Family 0.8 Hotel Room 0.6 RV 0.4 ?IS ?~m,.~ STn£h"TSOt. r~ POS'TO~'g~C~ BOx tSe~ W.'M 990~90 ] 54~q.l~:IB.97101 ?F~2ORT. DOC N,,*~.F...S. FI.0~[I~^ 34';¢4 Pon of thc Islands Community Improvemen[ D~strict HMA File No. 90.154 October 16, 1997 Page 2 The commercial properties were assigned 4 Utility ERC's per acre. Now that the owners of these parcels of land are considering actual development plans for their i:rrope'rty, questions have arisen as to what type of development is equivalent to another and can a parcel initially identified for one use be converted to another? This question will be considered in a series of subpar~s. I. Development of a Table of Equivalents. 2. What procedure does the District wish to establish for review and approval of changes? Does the Disu'ict have the authority to create new ERC's if there is a demand for additional ERC's? 4. What procedure can be used to dispose of unused ERC's or to sell or transfer ERC's from one parcel to another? Development of a Table of Equivalents This item may be the easiest to address since the District establi~ a Table of Equivalents when the initial ERC's were assigned to each parcel. The District may wish to expand this table if they desire to classify additional types of development or to further refine sub-categories within the original ones. For example, the District may wish to identify new sub-categories which can be built in the RT - Resort/Tourist zoned property north of US41 which was initially identified for RV units. It needs to be understood that currently RT zoning does not allow for RV units unless the units were constructed prior to the new zoning rules were in place. It appears that the POI District will need to establish an alternative for development of the north properties other than RV since the current zoning requirements make it difficult To develop these properties as originally envisioned when Utility ERC's were assigned. Under RT zoning, developmem can be as high as 26 hotel rooms per acre or 16 multifarrfily units per acre. One possibility would be to establish a category called Resort Units with sub-categories based on the number of bathrooms or total plumbing fixture count (each tS'pc of fixture is assigned a value and total is compared to a "typical single family unit" fixture coun0. One such system has been proposed by Port of the Islands Realty, Inc. in their m.---rno dated 7/25/97. This proposal could be used to establish the following new sub-categories if adopted by the District. Resort Unit 1 Bathroom 0.5 ER.C Resort Unit 1½ Bathroom 0.75 ERC Resort Unit 2 Bath,room 1.0 ERC Port of the Islands Comrn,,nky Improvement D~strict HMA File No. 90.1 $4 October 16, 1997 Page 3 When compared to the existing Table of Equivalents, this appears to be consistent and reasonable based on anticipated fixture count using standard methods within the water and sewer industry. At the request of thc District Board, we can provide additional information regarding this issue, What procedure does the District wish to establish for review and approval of change? This item relates to what procedure the District wishes to establish for review and approval of changes away from the type of development assumed at the time the number of Utility ERC's were assigned to each parcel. There are three results wkich can occur when making a change of this type: 1. The total number of Utility ERC's for the proposed plan is less than currently assigned. 2. The total number of Utility EKC's for thc proposed plan is greater than curru-ntly ~ssigncd. 3. There is no change in number oftot,-d Utility ERC's. First, the purpose of consideration of a n~,' development plan must bc established by the District. If thc purpose is to establish maximum numb~ of units allowed to be constructed, then use of a Table of Equivalents will allow the District to prevent overloading of the water and .sewer utility systems. If the purpose is to subdivide the total number of standby fees or minimum monthly service charges, then a proposal for less Utility ERC's would result in a loss in revenue to the District. In the event that the developed prope-ny is to r~maln a single parcel for taxing and Utility billing purposes, then the case of actual constructed Utility ERC's being less would not impact Utility r~enues since the total parcel would be billed based on the established ~tal Utility ERC's if they are used or not. Does the District have the authori~ to create new ERC's if there is a demand for additional ERC's? This item, if legally possible, would potentially allow a higher density of development than originally anticipated. This may not be consider~ favorably by other residents since it potentially would stress the existing community resources. In the event that an increase in ERC's is possible and adopted, then there is the potential for a reduction in per -,~it costs to all residents for services with a fixed cost (i.e. vehicles, salaries, £nginccring fees, permitting, Legal fees, and District Management fees). Other costs may be incurred if the addition of new Utility ERC's were to overload facilities like the water treatment plant and wastewater treatment plant. This would requir~ a means of collecting adequate f~s for new EKC's to pay possible expansion COSTS. Port of the Islands Community Improw'men! D~-trict HMA File No. 90.154 October 16, 1997 Page 4 16G 1 In the event that the District were to consider'increasing the overall number of Utility ERC's, the Board may wish to request that the Engineer perform a study of the additional capital costs which may be associated with increa~ng the capacity of the water and wastewater systems. What procedure ~n be used to dispose of unused ERC's or to sell or transfer ERC's from one parcel to another? This item would need to be considered, if legally possible, to address the i~sue of what happens if a parcel is acmally developed resulting in fewer actual ERC's than assigned. One consideration would be for the District to accept payment from the land owner for the lost operating revenue associated with each unused Utility ERC. This payment could be used to retire any future standby fees for property which will not be develo~d. Another consideration is to allow surplus ERC's to be sold or tread'erred from one parcel to another parcel who may wish to build to a higher density than originally assumed when the ERC's were assigned. This would have to result in no net change in total District ERC's. ' At the request of the District Board, we could prepare an assessment of cost impacts on the commurfity for a reduction in the number of Utility ERC's. With regard to actual development of any currently underdeveloped parcels, it is important to remember that any development must fit within the consta~nts of Collier County zoning for the property. Recommendations 1. It is recommended that the District cor~ider establishing a Table of Equivalents for Utility ERC's following standard practice of the water and sewer indusu'y to allow modifications to the development plan as long as the total number of Utility ERC's docs not increase for a given parcel. 2. In addition, it is smgges~d that the District establish a policy to allow them to review and approve actual development plans for ~ndevelope, d parcels within the District in order to veri~ that the proposed number of units are within thc total number of Utility ERC's for that parcel. 3. It is also suggested that the District establish a l~licy that standby fees and minimum monthly charges be based on the current total ERC's and not the number actually constructed. The Distric~ should include in this policy a requirement that the developer agree to establishment of rates and charges for their property which arc consistent with the current nm'nber of total ERC's, or in the event of subdivision of the parcel, to the establishment of rates and charges for the subdivided parcels to total the same as cm-reatly assigned to the parcel prior to subdivision. 4. It is recommended that the District establish policies regarding development as a general policy which will b~ applicable to all parcels with~ the District and not consider this issue IIIII III I I I I I . IIIII ' ' Ill III III ...................... Port of the Islands Community Improvm~t D~strict HMA File No. 90.154 October 15, 1997 Page 5 based only on the request made by Port of the Islands Realty for the parcel between US41 Md the North Hotel. The use of a potential example dcv¢lopm~t sccn,~rio, ~ch ~s that proposed by Port of the Islands Realty may b~ u,~ful in consideration of development of policies. It is r~commended tl~t the District's Attorney be asked to research the legal ~spects of thc i~s'ues described above prior to a final report is prepared by the District's En§ineer. I hope that my r~vi~' of this issue helps the District in their consideration of how to handle development proposes which are likely to be submitted which are different than what was originally envisioned when Utility EKC's w~re established. This is an imporrmt issue since the ~ origin~lly identified for RV units are not curr~tly zoned for this use. Please feel free to call me with any questions. Very truly yours, HOLE, MONTES & ASSOCIATES, 1NC. Ronald E. Benson, Jr., Ph.D., P.E. Vice Pres/dent, Director of Environmental Engineering o ~ © 0 ~ 0 Z ~ Z 16G O0 16G 1' 16G 1' 1_6G 1_~ T. o o ~ J ~..z Notice Of Meeting Port of the Islands Community Improvement District The Board of' Supervisors of the Port of the Islands Community Improvement District will hold their regular meeting at 4:00 P.M., Thursday, February 19, 1998 in the offices of the District at Port of the Islands Resort, 25000 T~mlnml Trail East, Naples, Florida 34114. The meeting is open to the public and will be conducted in accordance with the provisions of Florida Law for Commtlnity Development Districts. There may be occasions when one or more Supervisors will participate by telephone. At the above location there will be present a speaker telephone so that any interested person can attend the meeting at the above location and be fully informed of the discussions taking place either in person or by telephone communication. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (954) 753- 0380 at least £ve calendar days prior to the meeting. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that person will need a record of' the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Gary L. Moyer Manager ; FEB.- 5 :J8 Port of the Islands (,OMMUNITY IMF'POVEP,'~EI'I T DIS f Pit- ' 16G January 7, 1998 Memorandum To: Clerk of the Circuit Court c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Reference: Minutes of Meetings held November 20, 1997 From: Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Port of the Islands Community Improvement District as referenced above. GLM~g 10300 N.W. 11th I'./anor · Coral Sonnqs. Flor,da 33071 · {3051 753-0380 · Fax: (305~ 755-~bT~,,I MINIfrES OF MEETING PORT OF THE ISLANDS COM/VlTJN1TY IMPRO~ DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, November 20, 1997 at 4:00 P.M. at 25000 Tamiarni Trail East, Naples, Florida. Present and constituting a quorum were: Thomas Barnard Richard Gatti Richard Burgeson Bernard E. Wolsky Millie K. Strohm Chairman Supervisor Supervisor Supervisor Supervisor Also present were: John Petty Tim Stephens Andrew Solice Sam Marchand Mrs. Gatti Barry Berger District Staff District Staff Attorney Resident Resident Resident FIRST ORDER OF B~ Ron Can Mr. Barnard called the meeting to order at 4:00 P.M. and stated that all Supervisors are present. SECOND ORDER OF BUSINESS Approval of the Minutes of the August 21 and October 16, 1997 Meetln&,s Mr. Barnard stated that each Board member had received a copy of the minutes of the August 21 and October 16, 1997 meetings and requested any additions, corrections or deletions. [On MOTION by Mr. Gatti Seconded by Ms. Strohm withl all in favor the minutes of the August 2 1 and October 16,[I .1997 meetings were approved. TI-IIRD ORDER OF BUSINESS Consideration of Engagement Letter with Hoch, Frey & Zugm-- to Perform the Audit for Fiscal Years 1997 Through 2001 Mr. Barnard asked Mr. Petty, did you tell me that we are not taking action on the engagement letter? November 20. 1997 Nit. Petty responded there were a couple of things that we wanted to bring up for your consideration. One is that it is for a five-year term and we normally do this on an annual basis. The second is that they are proposing an $1,100 increase. Mr. Barnard stated it isn't that big of a deal. Mr. Petty stated since they oversee our work of course it was forwarded to the Board for review, but we would recommend to the Board that this be a negotiated point on an annual basis for a fee no greater than what we have put in the budget in previous years and if that is not acceptable to Hoch. Frey & Zugman for next year then we can find somebody else. Mr. Barnard asked was that about $5.500? Is that what we were pa~ing? Mr. Petty responded we are currently pa.~ing $4.700 for each fund and the proposal requests an increase to $5,800 for water and sewer. We have some new accounts because we are growing but nothing to cause any increase. Nh'. Barnard stated I think it should be on an annual basis. Mr. Gatti stated do you want a little room? Mr. Petty responded we do not see any need for immediate action and we would like to go back and talk to Hoch, Frey & Zugrnan. Nh.. Barnard stated they do not do it until October. Mr. Petty stated they have already started for this year and this year is set. Mr. Gatti asked is this year $4.700? Mr. Petty stated $4,700 for each fund. Nh.. Barnard stated for the general fund and water and sewer funds. Nh'. Petty stated we'd like to go back and ask them why they're asking for the increase and tO' to negotiate that back at existing levels and in one-year increments. not five and come back to you at a later date. Ms. Strohm stated I a~ee. Mr. Barnard stated I don't think you need anything at this point. ,lust go ahead and do it. A resident asked do they want a five year fixed fee? Nh'. Petty responded yes. The resident stated at the current rate? Nh'. Barnard responded no. Mr. Petty stated with an increase of $1.100. The resident asked in each year? Mr. Barnard responded no, $1,100 and then an increase and fixed for five years at that rate. _ 2 November 20. 1997 Ms. Strohm stated in other words it would be $5.800 each year for five years. A resident asked do we want the current rate fixed for five years? kix. Petty responded we would like him to negotiate the rate each year and take it each year in time. We are not projecting a growth factor that would show an Auditor an increase nor do we see where Auditor's fees would go up over the next five years for any reason. We think we're fairly safe with the annual negotiation. We will see what they say. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney There not being an3', the next item followed. B. Engineer Mr. Barnard stated the Eng/neer is not here as he had an emergency. He was going to give us a report on evaluating the ERCs which we held off on because Mr. Burgeson was not here and wanted to hear it. Will he be here next month? Mr. Petty responded he has asked for the Board to consider putting it on the December agenda. ,Mr. Barna, d asked does anybody have a problem with that? It is nothing that has to be done anytime in the near future. C. Manager Mr. Petty stated I have a couple o~' issues to talk to the Board about. We talked about neighborhood watch signs at the last meeting. I was not able to get a wood frame built in time to show you but I have brought some samples of a catalog of' what is available. If you recall, at last month's meeting we had talked about the vm-ious t3-pes of sig~s and what they wanted them to look like. The pricing is at th.e' top. We brought this for the Board to consider and I think our intention is to put up one sample sign. see how it looks in the roadway, take a look at a wood fi'amc and see if it happens to meet our upscale si,-mage and take it from the,'e. I think we are looking at an.~vhere between three and six signs maximum. Mr. Barnm'd asked do we need a decision ['rom the Board on the signage? Mr. Petty responded basically we are asking for the Board to ,,,4ye us some direction on which sample the5' would like to see. Mr. Barnard stated I think 18 x 24 is sufficient. That is the size of a typical real estate "for sale" si~. Ms. Strohm stated it will say "Crime watch, warning, this neighborhood protected by crime watch." ... November 20. 1997 x 30. Mr. Barnard stated I like thc sign in the upper left. but 18 x 24 rather than 24 Ms. Strohm stated or lower right bottom. Ms. Marchand stated most people do not read signs, but we have the sign with the warning on it, I think that is better than just writing because some people just go right by the signs and never read them. Mr. Barnard asked what do we need. Mr. Petty? Mr. Petty responded just give me some direction on which one you want. Ms. Strohrn stated lower right, star number three. The one that says "warning. this neighborhood protected by crime watch." liOnblOTION bv blr. Gatti seconded by Lis. Strohm with alii[ in favor bit. Pe'ttv was authorized to 'bring to the Board at [[ the next meetin'g a sample sign. 18 x 24 which savsl] "Warning. this neighborhood protected by crime watch". ' I[ blr. Barnard stated speaking of signage, we have a sign permit policy which requires that signs be maintained in a reasonable condition. I have had numerous comments from people that the resort has allowed their sig-ns to deteriorate out there. The marina sign and the informational sign have faded to the point where they cannot be read and they are really an eyesore. I think that somebody needs to direct their attention to the fact that the signs, in order to be maintained within the rights-of-way owned by the District, have to be kept in a decent condition. Mr. Petty stated stall'can put stickers that go right on the sign. Mr. Barnard stated I don't want to do it that way. Ms. Strohm asked befi;re we do that. would you allow me then to speak to someone? Mr. Barnard stated sure. Lis. Strohm stated we are meeting with her tomorrow night as a matter of fact. Mr. Petty stated that there was one item that the Manager was going to bring up in his Repm~ about that t>7)e of sign. We had a request from last month's meeting from the RV park about putting informational signs and directional signs at thc North side. We brought it in to show you what they were referring to. It is faded out and the board is warped. It is a nice sign. but you can basically look at that and say it is an informational sign because it is gi~qng directions. It is not offering sales. We talked last month about bringing this in for the Board to take a look at and consider _ 4 November 20. 1997 this being a District sign. for the District to put in. ,'md ifso. then we would have these re-clone in a similar style. Mr. Barnard stated by the same token, the sign out here is an informational sign. Even the marina sign is one because it is not selling anything. I do not have any problem with that. Ifwe need to do it. let's do it. Mr. Gatti stated I agree. Just as long as we stick with one logo. There are three or four of them around. Mr. Barnard stated the concept of the logos was that there was a logo for the resort and a separate logo for the residential development. I do not know that there should be, that was Bill Ray's decision a number of years ago. The signs for the real estate over there and over here have a bird but it's not the same bird. If we were to re-do all of those signs, those are reD' expensive, but we can keep the same logo for the RV information signs. It is just certainly faded and the board needs to be replaced or straightened. Mr. Burgeson asked what is the District going to do for directional signs for the commercial segment of the District? The residential area has the street signs and the development has its o~m signs. A lot of that will reflect sales. Mr. Barnard responded I think it is a part ofthe overall community and that is part of what we ,'u'e charged with. Nix. Gatti asked do you have something different in mind. Ms. Marchand? Ms. Marchand responded no. How many are there? There are a couple of more smaller ones. M,r. Petty responded someone had put up 15 miles per hour signs about two feet off the grotmd, and I am not sure who did that. As far as a directional sign, I think I only saw one other sign directly across Ii'om this one that is in worse shape. Ms. Strohm stated there is one directly in front of the hotel on the North side. Mr. Petty stated that is the one that I am referring to. As you go right up to the hotel, this one is about five hundred feet fi'om the hotel. Mr. Wolsky stated last year we went up to blaine and the State of Maine has decided for some reason that they're going to have the best signs in the nation and it makes quite an impression to see that a restaurant has this wood rounded thing with gold relief and it really sets a nice tone. in my opinion. I think it is the single simplest thing you can do to really set offyour resort or your hotel or whatever. A lot of people don't seem to share that opinion. Just the day before yesterday we were up in Gainesville and we were in a hotel right across the street from a Chinese restaurant, and the Chinese restaurant had a hand-lettered sign that looked horrible, considering - 5 November 20. 1997 the amount of money that they put into thc accouterments and ambiance of the place. I don't know, maybe it is just a cultural thing. I think it is w~rth some money to really set the tone of the resort. Ms. Strohm stated I a~ree. Mr. Barnard stated thc difference in getting a siam like that painted with round numbers will cost a couple of hundred dollars. Whereas. a wood routc~l or sandblastc~l sign would probably cost twice as much. Mr. Burgeson stated we want a nice job. Architectural signagc makes quite an impression to a commurfity. Ms. Strohm stated but we want them all the same an.~ay. Mr. Barnard stated that I do not know if wc arc going to get them all thc same. For instance, if this directory out here has 20 different names in a wood sandblasted sign. I don't think it would be readable. Ms. Strohm stated you are correct and at eve~' angle they are not. kix. Petty stated that I might want to make a suggestion on directional signagc like this that you are going to put on thc side of the road to keep them following a straight line. you may want to box it in to make it look like it is architecturally blasted out, but that you keep it fiat and go with the vinyl letters that are going to last a hmg time and it is not going to fade on you. We also may want to consider more of a delicate signage at the location or the final sign that we put in. Ms. Strohm stated you sound like you are experienced in this. Maybe you could bring us a sample of what you had in mind. Mr. Gatti stated I can. We do it all over the city now and we are boxing in all of our re~dator)' signs. We are doing it by phases, so you don't see it all over Naples. We are going to start with Port Royles. It costs about $150 a sign. · Mr. Petty asked are you doing it in-house? Mr. Gatti responded some g~ay in Fort Myers is making the signs. We bid it out and got an annual contract with him. Ms. Marchand stated it would sure make eve~?thing a lot more classier looking. You have got to spend money to make money. Mr. Barnard asked do we need a motion or can we just ~vc you some direction? Nh'. Petty responded this is something that staff can get together with Nh'. Gatti on. ~h'. Gatti stated I will bring in a sample. Mr. Barnard asked is it something that we could get together and look at and let Nh'. Petty know rather than wait? _ 6 November 20, 1997 Mr. Gatti responded they are all over Naples. Mr. Barnard stated why don't we get you to give him the name of your Contractor. does that make sense? Mr. Gatti stated sure. Mr. Petty stated we can talk to the ('~ontractor about getting some samples and give you some ideas. Mr. Gatti stated they are all over town. They are on a post and some scroll work on top. We put the street names and the regulator' message. Mr. Barnard stated I have a couple of items. First of all, the dead tree at the entrance was removed. Did we get another one planted? M.r. Petty responded we are going to be taking one from the north entry. It was scheduled tv'ice and for various reasons, it was canceled and is expected over the next two weeks. The Contractor has called and apolo_gized both times. Mr. Barnard asked is it in the works? Mr. Petty responded yes. Mr. Barnard stated it looks better just getting rid of it. to be honest with you. A resident asked did they remember the one that is in Phase two? kix. Barnard responded yes. The resident stated there was another dead Palm seven trees back. I did not see any green coming out of it. Ms. Marchand asked how can you tell it is a dead tree? There are a number of dead trees going up the boulevard North to the hotel. They are just standing there with nothing on ir. I know it is probably not on District property. Mr. Barnard stated we are going to get it mowed. Ms. Mm'char, d stated maybe we can have a work poa~:y. M_r. Barnard stated you mean a work release. We can get somebody with a chain saw. Maybe one of the landscape guys has a chain saw. Just getting the tractor back in service and getting that area mowed is going to make a tremendous difference. Ms. Marchand stated it is already starting to come up weeds We are mowing it now. kix. Bm'nard stated it looks real nice back there. We will figure out a wa.,,' to get the dead palm trees out of there. Ms. Marchand, you are going to see me about getting somebody to run the mower and we will take care of the cost. Mr. Petty stated Mr. Stephens has asked that the Board consider having the Engineer certify surplus equipment. We have a truck with 180,000 miles on it and 7 November 20. 1997 1 6G "1'", the old generator at the water plant, both of which are deemed to be surplus by staff but they have to be certified by the Engineer. Staff would like to ask thc Board to consider authorizing the Engineer to evaluate. Mr. Barnard asked are we still using the truck or do we got a different truck? Mr. Petty responded we would get a new truck as soon as we could get this one as surplus. iOn MOTION by Mr. Burgeson seconded with by Ms. II IStrohm all in favor the District Engineer was autho~zed toll [certify the surplus equipment. Mr. Petty stated we will have the Engineer come by and evaluate it and see if it can be declared a surplus. Mr. Barnard asked do you have to do that? Mr. Petty responded yes. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments A resident stated I ride over the bridge ever3' day and I notice that fishermen are trashing it. Mr. Barnard stated it is posted and we do everything that we can. The resident stated years ago I worked with a committee to clean it up but I quit doing it. Mr. Barnard stated we all used to get out and clean it up. It is a mess. Do not go out and try to tell people that they cannot be there but if you call the Sheriff, the signs are posted emd they will tell them to leave. The only people that we cannot keep from being in there.are the water management people but they don't go in and picnic and fish. They go in to do their testing. Mr. Berger asked can we get an estimate from Big Cypress on what they would charge us to clean it up once a week? They could go in and pick up the trash for a nominal fee. It is no big deal. A resident stated no one is mowing it by the bridge. Mr. Barnard stated that is what we are talking about doing. One of the things I noticed, was that the chain-link fence has been torn down which was desig'ned to keep people offthe property from U.S. 41. You used to be able to come in and go through the property right past the sign. I think one of the things we will do is to trs.' to rep:fir the chain-link fence. Ms. Strohm asked is that District property? _ 8 November 20. 1997 16G '1 Mr. Barnard responded no. that is private property. Nh'. Berger stated keeping it clean is the number one priority. I do not think we are going to be successful in restricting access. ~h'. Barnard stated the problem is it has been a fishing area for 30 .,,'ears and you cannot tell people that they cannot fish there. When and if it ever gets developed. I do not know what we will do. Ms. Marchand stated I have seen people actually standing over it. If someone falls on their head. they can sue us. Mr. Barnard stated it belongs to the South Florida Water Management District. Nh'. Berger stated I saw someone swimming in there. Mr. Barnard stated they obviously do not know that there are gators in there. Ms. Strohm asked would different signage help? We do not want to encourage them. ~h'. Burgeson stated we have signs that say "No Trespassing. $100 fine". We have a chain-link fence, gates, evewthing, it means nothing. Ms. Marchand stated if you have it posted, and saying "prosecutors will be violated.", it might make a difference. A resident stated I have one last concern. I found out about the sea wail. The other thing that concerns me and I feel is the road. I am interested in a document that holds somebody to repairing this road eventually. ~h'. Barnard stated the roads belong to this District and this District is responsible for the maintenance and upkeep of the roads. The resident asked who is the District? Mr. Barnard stated the homeowners. The resident asked was there a fund established? Mr. Barnard responded we have money in the budget evez.-,' yea,' for road repairs and we take care of them as they are required. The resident asked what amount is in there now? Mr. Petty responded S 15.000. Ms. Strohm stated for each year and anything in excess that is not used. is carry forward for next year. The resident asked are the Contractors putting any funds in the,'e? Mr. Petty responded the major landowners pay the majority of that $15,000. 1 think 80~ is paid by the landowners, the hotel and the RV Park and the homeowners pay the rest. That evolves over time. _ 9 November 20, 1997 16fl Mr. Barnard stated as more and more people become members. Mr. Berger asked is this a reser~'e account? Mr. Barnard responded it is a line item that is in the budget each year. In the past couple of years it has been $10.000. A resident stated if you really want to know how bad the roads are. walk on them. They are getting worse and worse. ,Mr. Petty stated to give you some idea of what we have done in the past. we had spent $26,000 and that overlaid the entire North road up to the hotel. That gives you some idea of what roadway would cost to re-pave existing roads. That also included the front ent~'way of Newport Drive. Mr. Barnm'd stated all the way down to Sunrise. Mr. Petty stated you can get quite a bit of road done for $26.000. That $10,000 does represent a good amount of repairs. We have talked before about whether we wanted to do it with some money in reserve or do it like we are doing it now. Of course that is up to the Board but the concept so far has been that we put out a bond to purchase roads and improve roads back in 1990 which we did. The last installment was the $26.000 that we used which all of you are paying for and the landowners are paying for now. To go and put a reserve on top of it is kind of like hitting you twice for the same fee versus continuing with the existing practice of paying for it when you need it. A resident stated I heard some people sa.,,' that they are not going to pay for the road. Mr. Barnard stated if it is in the budget then we will repair it as it is needed. If the homeowners do not pay it. somebody will pay their taxes for them and we will get om' money anyway. ~' A resident stated in regards to the lighting on the street light. I walked down the street last night and I tell you that it is dark out there. Mr. Barnard stated unless there are lights that are burned out. I have received many compliments on how nice it is. I do not know where you arc walking. The resident stated I will be happy to walk somebody down there tonight and show you how dark it is. Ms. Strohm stated between Morning Star and Evening Star, there is one light at Morning Star and then the next light is pretty £ar down. kix. Barnard stated we had a Traffic Engineer desig'n a lighting system for thc roadways and those lights were put in. If there are isolated incidences where another l0 November 20. 1997 Light would work. just let us know and I think we can take care of it. It is not a big deal. The resident stated ! will show you the two areas I was concerned about. Mr. Bamard stated if you need a couple of more lights, it should cost $16 a month. That is not a big deal. Obviously, we cannot put one in front of even'body's house. There are going to be instances where it is not going to be completely lit. Nh". Petty stated right now we went to an average spacing and it was based on vehicular safety and standards for our size residential streets. Ms. Strohm stated there is a big gap between Evening Star and Morning Star on Newport Drive. Mr. Petty stated I can show you the blueprint and the spacing is going to show you that it is within that average. Mr. Stephens stated it is not designed to light up ever5.' speck of the way. A resident .stated it is designed for driving, not for walking. Mr. Stephens stated you have the same problem in the City. You can walk right down the City and you can see voids. Mr. Petty stated remember the higher you go the less you are.going to be able to see in the sky as well and there are a lot of people walking at night to see the sky. Ms. Marchand asked in regards to bush hog,rig, are we going to continue with them around the pipeline? Mr. Stephens responded yes. Ms. Marchand asked how does the District feel about people coming into the area through the gate? Mr. Barnard responded we don't have any control over that. You can put up signs and have the Sherif?s d~pa~ tment enforce it. We don't have m,-, police powers. Do we, Mr. Petty? Nix. Petty responded no. Mr. Berger stated today there was a person coming around selling something. Mr. Barnard stated I usually just tell them that we do not allow soliciting in this subdi~'ision but then they leave my house and go to the next one. Ms. Marchand asked would the District consider posting signs saying "no solicitors? Mr. Petty responded we do not have any control over that issue since it is a policing issue. I can tell you that your best bet is again talking to the Sheriff. There probably is a County ordinance that they can enforce and if I remember con'ectly. they have to be registered with the Collier County Sheriffs office before they can go 11 November 20. 1997 on a public road. When you are looking for those types of issues, for private property protection, you have to go to your primary source, which is the Sheriff's Department. The reason is, if something is missing they know who was there. Mr. Barnard stated we had a girl last year selling stone crabs and she came around and I said "you cannot solicit here". She sold 47 pounds of stone crabs before she got offmy block. Ifyou do not buy. they will not come back. Mr. Barnard stated we do not have the police control here. but the Sheriffs Department may have some signs that you can get saying "no soliciting". Mr. Berger stated I live on Sunset Cay. off of Newport Drive. On the new building that was put up, there is an entrance onto Newport Drive and there looks like there is going to be an accident there. Mr. Barnard stated I believe that is.just a constx'uction entrance. It i~ not a paved entrance. Mr. Burgeson stated it is a fire access road for a fire truck and as soon as the building get done, that will all be sodded and grassed. You have to put a lime base under it and then sod it. ~Mr. Berger stated right now you have people exiting the area going the wrong way on a one-way street. Mr. Barnard stated the.;' should not be exiting. ~Mr. Burgeson stated there are just a couple of items left to finish around there and then they are going to grade that off and sod it. ,Mr. Berger asked will the one entrance b.;' the pole be the exit and entrance? Mr. Burgeson responded they will block it off shortly. I have already told my Superintendent that as soon as they had to finish the stuccoing and painting. probably within the nex~ live days the work will all be done and we will just going block it off. A resident stated I would like to comment on thc Chairman having extra copies of the use and deed restrictions. M,'. Barnard stated we have copies of those because a lot of people. particularly those that are moving here. are not aware that there are any or do not know what they are. We have kind of copied the use restrictions both for the development, overall development for those o£you who are here. This year ! am going to make a definite effort to have the Association of Port of the Islands. Inc. which is the overall master association for all of the residential development, at least get together and ~ve evewbody a chance to tell us what direction they want to go !n. I am the only one that enforces them and it is not a popular job. I got into a great deal 12 November oftrouble with some ofyour neighbors for putting a sign on a RV and a trailer that ! thought were being parked by some visitors and it turns out it was one of our neighbors who had come back for a short visit and they were extremely unhappy with me. I had somebody else who parks a boat trailer and I sent him a nice letter which said that it was not allowed and his answer was that he was going to park it there anyway. I do not know what to do. Vv'e don't have summar}' abatement procedures which means that we cannot tow it away. I do not know whether we should get Nh'. Solensky to write them a letter or just to let it go. Nh'. Gatti stated I think it is critical that people that are not following these restrictions are made aware of it. I am not suggesting that we get real petty about it. but rm suggesting that we all follow the same rules and if it helps, we could have the letter come from the Board. Mr. Barnard state it cannot come from the Board. It is the responsibility of the Association of Port of the Islands. Inc. who is basically still the Developer. Mr. Gatti stated m~,' understanding is that we have recourse, but it is legal recourse. The County cannot come in here and enforce our deed covenants and restrictions. The County has seven foot side yards, we have ten foot side yards. [f we tell the County. that someone only did eight feet, the County will not touch that, but ifthey do six feet. then the County will come in. The point is the County will not enforce our deed restriction or our covenants that are above and beyond the County code. but we do have legal recourse. If you find someone who is doing it, you take them to court and say "the deeds say this. you signed a contract when you bought here and you agreed to follow these covenants". That is our recourse, although I am not suggesting that is what we should do. Mr. Barnard stated as yo:.' i~ :~ow. that c,'m get to be ve~3' expensive. ~rhe reason that we have never formed the Association. is because it has always been just the Developer doing it as best he can. V~'e ~e getting to the size where we may need to do that and in that case. you are going to find another Association that is going to want to collect fees to pay for possible litigation. Nh'. Gatti stated you raise an extremely critical point here. Nh'. Barnard stated which is a community point and we do tr3,'. I generally write the letters when someone brings it to my attention. If it is on my street, I always see it and I try not to act on it. For example, if my friend Clarence has his RV there and it says 48 hours and he is there for three or four days. I might say something to him but I will not write him a letter. Usually within four or five or six days he now gets it out of there. 13 November 20. 1997 Ms. Marchand stated we can help out too. If I know them and I see something. I can just say something to them. Mr. Barnard stated you have two sets of restrictions if you are in the Sunset Cay condominium. You have a set ofcondominium usc restrictions, which talk about what you can do within your property. Then eve~'one who buys at Port of the Islands. comes under what is called the general protective covenants and restrictions which covers things like architectural review. Mr. Wolsky and I review eve~' structure and look at every, house that's going to be built. Has one been built that we did get to see? Probably, but we get to see most of it and if I see a building permit going up and we have not looked at it, we write them a letter and tell them that they have to. We check setbacks and roof styles like tile or architectural shingle or metal which are approved. Beyond that. if somebody wanted to do wood shakes, we would probably approve it. but it is up to the review committee. The other thing is the use restrictions and that covers any kind of structures that are built, their parking commercial vehicles, et. A resident asked does it cover boat sized? kix. Barnard responded no. The resident stated and you are going to have problems down the road. Mr. Barnard stated I am sure that we did not think of eve~'thing. This was done in 1986. The resident asked can it be amended? kix. Barnard responded yes. Ms. Marchand asked are you sa,ving that at some point you are going to have people talk about it? kix. Barnard responded we are going to have a meeting of the Association of Port of the Islands, Inc. when we get past the first of the year. We determine whether or not we want to organize, elect officers, charge fees or whether we want to simply keep going 'along like we have been. That will be a community decision, not my decision. kix. Wolsky stated we tried this a year and a half ago at my house but nobody showed up. Mr. Barnard stated there was a strong feeling that they would like less government. Ms. Strohm stated I think there are more people living here now permanently. Mr. Barnard stated that Mr. Gatti. you did the same thing in your neighborhood, to organize a neighborhood association and no one wanted to do it. _ 14 16G 1 November 20. 1997 Mr. Berger stated in my opinion, there are too many conflicting types of settlements here. You have condos, zero lot line houses and indi~4dual houses and the interests of those are usually at cross purposes. To try and organize and get a unified opinion from a group like that. is very difficult to do. Mr. Barnard stated each association like that has one vote. It is basically a single-family property owners association with the other associations ha~4ng one vote per association and the Developer having all the votes. Mr. Berger out of all the things that people do that are not provided for in the deed restrictions and covenants, what is the most abusing? Nh'. Barnard responded I have seen restrictions which were not worded in this way, but people who constantly leave their garage doors open are like people who go around with their mouth constantly open. It is not very attractive. There is a restriction in a bill for phase one that says that the garage doors are to be ch)sed except when ingressing and egressing the garage. That rule is not in any other restrictions and is not addressed. We do not have that at Sunrise. Sunset and I do not even think we have it in Phase Two. Certainly when you drive into a community, you have many vehicles parked in the street and garage doors up. Many of our people use their garage totally for a workshop and have no room for a car. In Sunrise. the deed restrictions specifically say that your two parking places are your garage and immediately behind your garage, but it does not say that the general parking places by the pool are guest parking. For people who drive to the pool from away like building 333, might want to drive to use the pool at Sunrise. The deed restrictions at Sunrise II are better because I got involved in them but I still didn't get them perfectly. You never get them right. Boat storage is obviously a problem. I understand that people want to work on their boats in the driveway or working on a car in a driveway. My son rents in a very Iow-income place up behind the Coral Isles called South Bay Plantation and I guarantee you if anybody starts to work on a car out at South Bay Plantation. the work is stopped and the car is towed away. Nb'. Berger stated size of boats, is another thing, that is common because I have seen cigarette boats coming up the canals for rallies over the weekend at the marina. Mr. Barnard asked who controls it? Mr. Burgeson stated I don't know. Mr. Barnard stated how does Mr. Burgeson tell this guy that just bought a condo that he can only have a 20 foot boat and it can only have one motor and it has to be 30 horsepower or less. _ 15 1: November 20. 1997 Mr. Burgeson stated generally we can do that by putting them in the covenants. Mr. Barnard statcd to amend the deed restrictions, once there are multiple owners, requires a 100 percent vote. They bought the property in reliance on what is in the document. SIXTH ORDER OF BUSINESS Approval of Invoices Ms. Marchand stated I was supposed to get a S125 credit. .Mr. Petty stated I will check on that. Ms. Marchand stated Mr. Barnard. you said it was going to come with thc bill. Mr. Barnm'd stated the check is in thc mail. A resident stated it is now November. Don't we have erections due? ,Mr. Barnm'd responded they are held eyeD' two years. A resident stated but someone was eRected for a four year term. Mr. Petty stated the way it works is that the two top vote getters arc for four- year terms and the third one is for a two-year term. That is why you always have three seats coming up in every.' election. I[On Motion by Mr. Gatti seconded by Mr. Burgeson with al'Il, lin favor the invoices were approved. Mr. Barnard I have an invoice which Nh'. Stephens tells me has already been submitted. Do we know whether it is in the invoices or not? Thc invoice is for Jesse's lawn service in the amount of $70. Mr. Petty stated we have it. Is it for the laying of sod? Mr. Mr. Thc Barnard respondeci 3 ,-:" Petty' stated you just approved it. Barnm'd asked how soon can we get him a check? Petty' responded it usually goes out the day after it was approved. Barnard asked do you have an address? Petty responded yes. It is P.O. Box 462. Copeland. Florida 34137. Barnard stated I wanted to make sure that .Jesse gets paid. meeting was adjourned at 5:00 P.M. November 20. 1997 /' 7// ~ ~ ,'' Tl~o~ffa~L.~ B arnard ~ Chairman 16G'l ' 17 16G AGENDA PORT OF THE ISLANDS COi~h-MUNITY I1VIPRO~ DISTRICT Thursday November 20, 1997 4:00 P.M. 1. 2. 25000 Tamiami Trail East Naples, Florida Roll Call Approval of the Minutes of the August 21, and October 16, 1997 Meetings Consideration of Engagement Letter with Hoch, Frey & Zugman to Perform the Audit for Fiscal Years 1997 Through 2001 Staff'Reports A. Attorney B. Engineer - Report on Evaluating ERC's C. Manager Supervisor's Requests and Audience Comments Approval of Invoices Adjournment Iiii iiiii iii I I III IIII lift - ~ IIIIII I I II Naples Daily Heys Naples, FL Affidavit of Publication NapLes Da~Ly N~s 103~ N~ 11TH ~A~R CORAL SPR[N6~ FL 33071 , C~m~ I~~ Ol~ REFEREHCE: 01~ ~~ 575~2511 ~tice Of Heet~ng Po ~, ~ omi Tr~l I~ IS ~ ~ ~ ~Ic s~ ~ ~ ~ m~e ~e bY ~l~e, ~ve ~ ~e will ~m~ ~ ~e dl~s~ t~lno ~e e~er In mu~l~ A~y ~ re~lrl~ ~IQI o~comme~l~s ~ ~ls m~flng ~se of I~1~ ~ ~e DI~I~ m~ ~e by ~e Is~l~~ll PUBLISHED OH: 11/1~ n~ o re~d ce~ln~ ~ ceedlngs Is mode, including such ~P~ is tO FZ~ED ~: 11/~/~7 ~ ~ ~oy~ ................................................................ N~em~r Signature of ~ff~ant ; ~ ' ' S~orn Co and Subsc~ib~ before me this · - de~ of -.. 1~ , ' / '",. State of FLort:a County of CoLLie~ 6efore the undersigned authority, personaLLy appeared B. Lamb, who on oath says that she serves es the Assistant Corporate Secretary of the NapLes DaiLy Ne~s, a daily newspaper published at ,soLes, in CoLLier County, FLorida: that the attached copy of the advertising vas published in said newspaper on dates Listed. Affiant further says that the said NapLes DaiLy He~s is a nevspaper published at Naples, in said CoLLier County, Florida, and that the said nevspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second class nail eat[er at the post office in Haples, in said ColLier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of adverttsenent; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said neuspaper. !I 1118. t~.81 1' Port of the Islands Community Improvement District General Fund S?otement of I~evenues cna ExDenses For The Period Ending Seprembe~ 30, 19q7 General Fund Pro~ated Budget Actual Budget Thru 9/30/97 Thru 9/30/97 Interest Inc,'ne S3.CC~ $3.0C~0 Prope~'y Tax q~en~ S2~.~8 S236.~6 Tot~ Revenues I $239,228 $239,22~ Adminl~tve L~al ~es S 12~ S 12.~ Acco~fl~ ~ S3.~7 S3.~7 Annul A~ S4.7~ S4.7~ R~ ~re ~ S2.315 S2.315 ~~t ~ S7.875 A~e ~e~te T~ SI~ I~ro~e Pttnting & ~lng O~m Curr~t C~rg~ O~e ~ S2~ S2~ ~. ~s. etc. S 175 S 175 A~m~t ROI ~n S3,~ S3.~ To~ Admlnls~e Pe~nn~ S~ ~.~ ~A T~ ~.~ Pe~ S2.~ $2.~ Hea~ ~nsu~a~e Wo~ms C~~ S3.~ S3.~ S~t ~hfl~ R~ & L~s S1 .~4 S1.524 R~ & ~tenonce O~ra~ Su~l~ ~ge ~t~ance S5.~ Total Field J $176,596 $176,596 TOt~ E~endllures J $239~28 $239,228 ~ce~ Revenues ~und ~lance 10/96 Fund ~l~ce 09/97 Variance $5.174 69 $2,174.69 S239.151 78 S2,923.78 $244,326.47 $5,098.47 ] S229,57 $5.070 43 $420O 00 SI $5.~,8 02 S6.551.~ S 10.565.47 ($4.565 47) $3.64 7 CO ~0 O0 S4.7CX~.CO S000 S2315 CO $1 ~71 35 ($$71,35) $7 875.00 $0.00 S7921 $670.79 $625.(X) S0.00 $0.02 $500.00 $2722 S72.78 S 1.135.84 $364.16 SI .488.50 ($288.5C~ $4.13550 (S290.50] S4,.~.03 S43.97 $~55 89 ($55.89) S185.40 ($135.4a) $225.34 $24.66 S 175.C0 ~0.02 S3.500C0 SOO0 SO.~ $500.C~0 $52,940.34 $9,691,66 J $38,937.09 J $193,605.69 $232,542.78 .2- 168 17 Port of the Islands Communih/Improvement District Water & $~wef Fund Stotemenr of Revenues and Ex~er~d,*u;es W&$ Fund Prorated BuOget Actual BUd~let Thru 9/30/97 Thru 9/30/97 Vadance Revenues WatM I~ev~ ~ ~ ~.~55.000 ~67 ~'2 26 $12~92 26 Imgo~n Wot~ R~ Sl 1 ~ Sl 1 .~ S9.7~ 72 (S 1213 28) Met~ ~ SlO ~ S10.~ S22.~ ~ S12.~ ~otol Revenues ~ $325,3~ ~325.3~ $32 I,~8.51 L~ ~ SlS~ S15.~ S5~3 R~o~ ~ret~ S2 fl 15 S2.315 S2 314 04 M~e~nt F~ ;7 S75 57.875 S7 ~7S C~~ S7~ S7~ S7O IO S67C 81 Te~o~e S~ Sl~ S27 23 S7~ 77 P~e S I ~ S 1 .~ S ~. ~ 40 49 P~t~ & 8~ S1J~ Sl .~ ~ ~ ~814 94 Ot~ C~t C~g~ SI~ S1~ SI~ 10 C~e ~p~es S:~ SI~ S3~ C~ O~ S~ S~ m ~nt ~A T~ ~3~ S3 ~ S3.1~ 41 (~126 41] Wo~ Co~n ;3 ~ S3.~ 52.~ Contr~t~ ~cM ~8 ~ ~8.~ ~30.370 ~ S7.6~ 04 Ut~ * ~e~ S59.3~ ~e.773 48 Sg~ 52 ~t~ & L~ Sl 524 S1,~4 ~1.396 ~7 Sl27 33 Re~ & ~nt~e S ~ 5 ~ S ~ 5.~ ~ ~ 5,327 O~ ~p~ S15~ Sl5.~ S32.171 Lc~ S~ S~ S8~ Total P~nf J $258.39& $25&.39S $ I ~.~0.~ $74.767.~ Total Ex~nd~mes J ~25,~ ~25,~ $2~, 114.55 $~,230~ Net I~o~ ~) J ~ S79,~.~ Reta~ Eam~gs 10/96 ~ $~1,~8.52 Retaln~ Eam~gs ~7 ~ ~511,~2.~ 16~ '1 Port of the Islands Community Improvement District Debt Service Fund Statement of Revenues & Expenditures For Period Ending September 30, 1997 Interest Income: Reserve $30,752.77 Revenue $7,926.59 Interest $70.71 Redemption S480.07 Special Assessments Prepayments $725,105.02 S37.138.00 ~Total Revenues $801,473.16 ]] Principal S250,000.00 Interest S542,700.00 ~'roto~ ~x~n~it~es , , , ,79~.7oo.oo Il Excess Revenues [Fund Balance 10/96 I Fund Balance 09/97 $8,773.16 '~i ,020,905.34 [ $1,029,678.50I Port of the Islands Community Improvement District Capital Project Fund Statement of Revenue & Expenditures For The Pedod Ending September 30, 1997 Interest Income Construction & Acquisition Total Revenues S2,982.89 ~,9~2.~9 II Improvements Other than Building ~otal Expenditures IExcess Revenues S9.040.00 "',9,o~o.oo 11 ($6,o57.~ 1)I JFund Balance 10/96 $62,837.81I IFund Balance 09/97 $56,780.70 1 II I I I o 0 :~ 0 0 :~ 0 0 0 0 0 Z Z Z o o o 0 0 1 6G ,0 0 '2-- 16G 16G ,oO lllll I II III Ill I III II III II IIIIII II II III zcz~ _- 16G 1 ": ¥ O0 0 ~ 0 0 16G Notice Of Meeting Port of the Islands Community Improvement District 16G-1 The Board of Supervisors of the Port of the Islands Community Improvement District will hold their regular meeting at 4:00 P.M., Thursday, October 16, 1997 in the offices of the District at Port of the Islands Resort, 25000 Tamiami Trail East, Naples, Florida 34114. The meeting is open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. There may be occasions when one or more Supervisors will participate by telephone. At the above location there will be present a speaker telephone so that any interested person can attend the meeting at the above location and be fully informed of the discussions taking place either in person or by telephone communication. Any person requiring special accommodations at this meeting oecause or a disability or physical impairment should contact the District Office at (954) 753- 0380 at least five calendar days prior to the meeting. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Gary L. Moyer Manager PI.FA,SE NO'I~ CORRECI'ED DATE OF OCTOBER 16, 1997. Port of the Islands :1 fag 1 November 26, 1997 Memorandum To: Clerk of the Circuit Court c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308-4610 Thomas L. Barnard 253 Sunrise Cay Unit 102 Naples, Florida 34114 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 Reference: Minutes of Meetings held August 21 and October 16, 1997 From: Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by thc B,)ard of Supervisors of Port of the Islands Commu~lity Improvement 1)istric*. ~:s referenced above. GLM/pb 1KINUTES OF ~I~3NG PORT OF THE ISLANDS CO1VEVIUNI'I~ I1VIPRO~~ DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, August 21, 1997 at 4:00 P.M. at 25000 Tamiami Trail East, Naples, Florida. Present and constituting a quorum were: Thomas L. Barnard Richard Gatti Richard Burgeson Bernard E. Wolsky Millie K. Strohm Chairman Vice Chairman Supervisor Supervisor Supervisor Also present were: John Petty Darrin Mossing Tim Stephens Bruce Anderson Dr. Ron Benson Winston Lue Sonia Durman Marlene I Sam) Marchand Marlene Wolsky Other Residents District Staff District Staff District Staff Attorney Hole, Montes & Associates Port of the Islands Resort & Marina Di~Ssion of Forestry RV Park Owner Resident FIRSr ORDER OF BUSINESS Roll Cai! Mr. Barnard called the meeting to order at 4:00 P.M. and stated that the record will reflect that all Supervisors are present. SECOND ORDER OF BUSINESS Approval of the Minutes of the July 17, 1997 Meeting Mr. Bernard stated that each Board member had received a copy o£ the minutes of the July 17, 1997 meeting and requested any additions, corrections or deletions. There not being any, liOn MOTION by Mr. Wolsky seconded by Ms. Strohm[[ Iwith all in favor the minutes of the July 17, 1997 meetingl[ [were approved. l] 166 1 August 21, 1997 THIRD ORDER OF BUSINF_,S~ Consideration of Request from Golden Florida Resorts Regarding Delinquent Utility Bills Mr. Petty stated you have before you some correspondence from Golden Florida Resorts. Mr. Mossing who has been working with Golden Florida Resorts nine or 10 months on this issue is prepared to walk you through what we have been doing with them regarding their bill. Mr. Mossing stated Golden Florida Resorts has a number of water and sewer utility accounts with the District. On a number of accounts which are highlighted with this memo to the Board, there are some discrepancies in the gallons that were billed on a certain number of their accounts which they are protesting the payment of. Over the past months, I have been working with them closely to try to determine the basis for the large consumptions that appear to be out of line with the history of each of those accounts. Basically it has come to a point where we have no answers. Therefore, they have come to the Board to ask for authorized adjustments to their account. The District has looked at every avenue as to why the consumptions are out of line but have no answers. Mr. Barnard asked is there any breakdown of where those occur? Mr. Mossing responded I believe Mr. Winston Lue has attached my analysis and also an additional analysis of what he has done. Mr. Petty stated I think Mr. Mossing has talked about where that actually equals the existing month's billing which is approximately $8,000 and the contested portion which is approximately $10,000. The rest of the accounts on the list are not overly delinquent but according to our rules they have to be noticed. Mr. Mossing stated they are disputing the accounts that are listed on this memorandum. The billings were at different times and they are separate accounts. For example, in April of 1996 on the North Hotel, they used 16 times the average use that they calculated based upon the histories of consumption that we provided to them. It is the same meter that is still in use and appears to be operating normally. Mr. Petty stated this is a problem that goes back well over a year. Staff has worked with the Hotel on numerous occasions over these issues. We have found a fountain on the North side which is overflowing so you have 20 gallons a minute going through when nobody was there. We have had toilets that were running continuous when nobody was there. There have been broken water lines which no one noticed because there was no one at the Hotel or there was a transfer of 2 August 21, 1997 maintenance people. Those are just the occurrences that staff was able to walk through with the Hotel staff and find. We cannot be on-site all the time so we cannot tell them when a problem is found. It could be that their staff seasonally fixes it, does not how long it was there and could show a spike in a monthly meter reading. What this basically comes down to is that we have done what we feel to be a due diligence on our part where we have done the water audits, the walk through and the education process. I would like to say that we have gone above and beyond. This has gone on for over a year and we feel that we have answered all questions to the best of our ability. We have checked all meters and found them to be accurate. We cannot tell the Hotel what they did with the water or where it went because we are not there. It would be staffs recommendation that the rules be enforced and that payment be required or the water to be turned off. According to our rules, the Hotel has the opportunity to come before the Board and protest that action which is why they are here. I think the Board should give them the opportunity to speak their mind and tell you what conditions they think affect them differently. Mr. Gatti asked did I hear you say that the fountain was spilling 20 gallons a minute? Mr. Petty responded yes. I had a three quarter inch line filling the fountain at the North end. This goes back several years. The overflow shut off was not working. Mr. Barnard stated I know that on one occasion there was an aberration in the meter at the marina building. It ran thousands of gallons over in one particular month. Mr. Stephens, Mr. Daly and I tried to find the problem and we finally found that water from one of the commercial washing machines was running down the drain 24 hours a day. We shut that machine off and they fixed it but those kinds of things occasionally happen. In this particular case, you would have anticipated that the maintenance staff would have found that problem rather than Mr. Stephens, Mr. Daly and I having to find it. Mr. Stephens stated we had one incident at the North Hotel where they had a two inch line that broke and flooded out the entire bottom floor which they were aware of. Mr. Barnard asked do we have any authority to offer some s(,rt of settlement'? 3 August 21, 1997 1 Mr. Anderson responded not unless we can demonstrate that there was some negligence on the District's part. Mr. Mossing stated we provided the meter reading cards to Golden Florida Resort which shows the unusual consumption. If at the time those bills would have been misread, you would have caught that but the meter was still running at the last meter reading. Mr. Gatti stated just to put this into perspective, 20 gallons per minute does not sound like a lot. That is close to 6,000,000 gallons per year. Mr. Mossing stated these are specific months, not every month. On the accounts that they are protesting, I believe there were three months on one account where it was unusually high and on two other accounts, it was just one month. Mr. Barnard stated this marina account relates exactly to what I just explained about the commercial washing machine. What prompted that inquiry is that they got the first bill and started asking questions. After three months, Mr. Stephens, Mr. Daly and I assumed that it was leaking at the docks because in the past we have had underwater leaks. We shut those lines off and when we found that the meter was still running, we started on a tour of the building, heard water running and found a commercial washing machine that was running 10 gallons a minute which nobody picked up on. Mr. Mossing stated the marina account is the one that had the three months. I am not saying that, that is the number of months that the washing machine was operating. Mr. Gatti asked do you need a motion? Mr. Barnard responded I think we need to allow them to make a presentation. Mr. Gatti stated this has appeared before this Board once before and in the spirit of cooperations, recognizing that we were not giving up any of our rights, we said "look, their could be a question either way and even though we feel valid on our part, we should split the bill and let it go at that". Mr. Wolsky stated when Ms. Marchand brought her problem to us, we found out that we had sent the bill to the wrong place and she was not in a position to pay. Is that correct? Ms. Marchand responded yes. Mr. Wolsky stated so it was our fault that you were not aware of that. Ms. Marchand stated because we jumped on it as soon as we did. 4 August 21, 1997 Mr. Wolsky stated but in this case I think they were aware. Mr. Barnard stated Mr. Lue, if you would like to address the Board, we would be happy to listen. Mr. Lue stated in regards to the question of the accuracy of the meter readings that were provided by Mr. Mossing and Mr. Daly, there is no question in our mind that the meter readings are as they say. Our position is that we do not know that there could not be a jump in the meter reading. I was not aware of the washing machine running but I do not believe that we could have a washing machine running for three months without knowing that there was a problem when we use it every day to wash. Mr. Barnard stated I could not believe it either. Mr. Lue stated it is just coincidental that all of these out of line readings occurred in one month. It occurred in April of 1996, not before and not after and I cannot believe that. The whole Hotel and I appreciate what Mr. Petty is saying about finding a leak on the North side. However, we have leaks on the South side and leaks on the North side which balances it out. I do not understand how just one month can equal 268,000 gallons when the previous 17 months total 283,000 gallons. If we had that type of a leak inside the Hotel building, I think we would have been flooded. I appreciate the information you are all providing us and understand why it might be high in some months but the extent of how much we are out of line just seems astronomical. I agree with Mr. Mossing and have discussed with him that the meter readings that he provided to us are a misreading and could certainly be effective in next month's reading. I do not believe that the meters we have can jump by a factor of 1,000,000. Mr. Petty stated the meters as specified by AW¥~'A which we purchase, are built to the specification that says that as the meter wears down, should there be any problem with the gears that are in there, the meter will actually underread. It cannot overread. Mr. Bernard asked Mr. Gatti, is that your experience? Mr. Gatti responded yes. If anything, meters will have a tendency to underread. Mr. Lue stated there is no cause for us to look at it when we are doing in one month what we are doing for 16 months use. There was a concern to us that, that could happen. Three of the items that I listed have to do with consumption or meter readings. The fourth item is on an adjustment for a residential unit billing. We used to be billed on the South side irrigation meter for one ERU. 5 There was an adjustment for the first 10 months in 1995 for 100.5 ERC's and one milli-adjustment for 99.52 for 10 months which we have filled up at 4,000. How did we arrive at 100.52 ERC's when the property on the South side is approximately 13 acres? On the estimate that I have seen for commercial or common areas, we should be using an equivalent of four per acre which would run you about 52 ERU's for the South side property. I just want to know what the mechanics of calculating ERC's are to make sure that we are not being overcharged. Mr. Gatti stated that is a different subject. The fountain was leaking 20 gallons per minute for 30 days which is 900,000 gallons. That is where your problem is. Ms. Strohm stated that fountain is not even two feet. Mr. Petty stated one malfunctioning toilet that is running continuously can use up 140,000 gallons a month. There are 1,440 minutes in a day and whatever the gallons per minute are, is straightforward math. It is 1,440 times the leakage times the days in the month. Mr. Gatti stated so we have established where the problem is. Mr. Lue stated that would not be true if you only had one toilet leaking in the facility for April of 1996. We are not arguing every bill where we have a leaky toilet. We are just arguing one month that had 16 times the average usage. I am sure that we have leaky toilets for several minutes, hours or days. Ms. Strohm asked Mr. Lue and I were not here at that time but I think he is trying to say that if they addressed all those problems after that one month, then why the bill was adjusted after that? I doubt that occurred. Mr. Bernard stated it could have only been one problem. Mr. Lue stated we still have leaky toilets and breaks in the lines which we constantly fix. We are not arguing that the overall monthly bill is too high. We are saying that this one month is yew high. Mr. Gatti stated Mr. Mossing, we are talking about $11,000. That is the bottom line. Mr. Petty stated when the Developer was Port of the Islands, Inc. of California, I worked with that staff for approximately two to three years to work out all of the leaks that were occurring. At the transfer of property, there was a large personnel change and we found ourselves going through a redundant education prog'ram with the new management. 6 August 21, 1997 · Ms. Strohm asked are you saying that the leaks were still there when the new management took over? Mr. Petty responded no. What I am saying is that we educated on the ability to stop leaks and know what the problems of Port of the Islands were specifically. We also had to talk to the new management again about how the pool at the North side was using water all the time and how the bathroom toilets can get plugged up. Ms. Strohm asked did you talk to the maintenance people? Mr. Petty responded I talked with the Accountants, the various Managers at Port of the Islands and with the maintenance people. Mr. Stephens has done water audits and walk throughs. It took me about two years working with the Port of the Islands, Inc. of California to go through all of the problems and concerns. During that month of transition, you can see where a problem could happen once. We could come back and alert them as to what is happening and they could then go back to a normal maintenance. I do not see anything odd in that one month's reading because of that reason. Ms. Marchand stated I was not there to be a witness but it is the same maintenance staff. Mr. Stephens stated I know Ron was one of your maintenance men. Mr. Barnard stated but Ron was gone for a long period of time. Mr. Stephens stated he was gone for awhile but he was there when you had a two inch line break. I am not exactly sure what month it was but the whole downstairs was flooded Ms. Strohm asked are you talking about 1995 or recently? Mr. Stephens responded no, I do not know exactly the date but it was in 1996. Mr. Gatti stated Mr. Anderson, if we do not find negligence on the part of the Board, we do not have any authority to do anything. Mr. Anderson stated that is correct. Mr. Gatti stated then the discussion is pretty well moot. Is it not? Mr. Barnard responded I do not see that there were spikes. They were certainly unusual and almost assuredly had to be attributed to leaks which have been fixed since that time. We know of only one leak because I was personally involved and it was the case where Mr. Lue was not here yet. As Mr. Petty eluded to, I think we went through three management companies in the first year. It started out with Mr. Tony Chang and then there was an interim person and then , August 21, 1997 a firm out of New Jersey. I can easily see where we are going through with one team and it might not get translated to the next team. In the marina building, I have specific knowledge of a major leak and the reason that we were out looking is because Mr. Stephens came to me and said 'the Hotel is not paying their bill and they swear it is our problem and something is wrong with the meter which we have checked". He and ! and Mr. Daly went out and lifted up the cover and looked at the meter which you could see moving at 10 gallons per minute. We simply said that we are going to walk through this property until we found the problem which we did find. ! do not remember the name of young lady that I reported to that we had shut it off. ! found her in the lobby and said 'the problem you have been having with the meter at the marina was a commercial washer in which water was running full force into the washer and down the drain 24 hours a day". It is inconceivable that, that could happen and somebody that is using it every day does not know that but it had an open valve and the valve was replaced and the meter has been fine since. I would have to imagine that these things relate to something like that. Not exactly like that but that some water line broke that was eventually discovered fixed and caused a problem. Mr. Lue ;~sked is there any possibility for us to tie that down to the 1996 period? Mr. Petty stated I think I am talking to you about a history of how leaks can happen and how maintenance people could be unknowing of those. Mr. Barnard there was a 30,000 gallon per day leak at the North pool and Scotty- who was our General Manager at the time personally got in there and dug it up and stopped it. However, I do not remember what time period that was and whether that relates to this. I do remember that at various times there were major leaks that had been discovered and eventually' fixed. Ms. Marchand asked if they have 13 accounts, does that mean that they have 13 meters? Mr. Stephens responded yes. Ms. Marchand stated our neighbors read the meters every second day and when we hear something drip, we turn around and see if it keeps running and if it keeps running there is something wrong. Mr. Petty stated we would like the Board to say that they listened a~d by motion allow the process to continue. Our process is that if they do not pay the 8 August 21, 1997 bill, their water will be turned off in a certain period of time which is over two or three days. Mr. Barnard stated I understand but some of these bills are two years old. do not want to say "pay it by tomorrow or we are going to shut the water off'. Mr. Gatti stated I make a motion that on the basis that we do not have the legal right to nullify this bill and that we impose a bill by consideration of the fact that it has been over a one year period. Lets give them a reasonable time to pay it, like six months. Mr. Petty stated I would ask that we not step on the toes of our rule. Mr. Barnard stated we probably are. Mr. Gatti stated even though we are, lets recognize that. ilOn MOTION by Mr. Gatti seconded by Mr. Wolsky with[I all in favor the water at Golden Florida Resorts will not~ be turned off and they will be allowed to pay their[[ delinquent bills over a four month period. FOURTH ORDER OF BUSINESS Condderation of Request to Modify ERC's Mr. Barnard stated included in your agenda package is a letter from me to Dr. Benson which relates to the property that Mr. Hardy has recently acquired called the North Entry Parcel. It is basically the property that goes from U.S. 41 back to the parking lot in front of the North Hotel. Mr. Gatti asked is that identified in the chart that is attached? Mr. Barnard asked does that chart show 343 ERC's for the RV Park? Mr. Gatti responded no, it shows 412 units and I88 ERC's. Mr. Petty stated Mr. Barnard is referring to the last line that says "Hotel Front". Mr. Gatti asked explain to me the difference between the Assessment ERC's and the Utility ERC's? Mr. Petty responded the Assessment ERC's are based on the tax that you receive every year and includes benefits not only from water and sewer but also from roads. An Equivalent Residential Unit or ERC connection has a slightly different value to it because of the roads and drainage portion. Utility ERC's are paid strictly off of water and sewer flo~vs. Mr. Barnard stated this is a problem property that we are not currently collecting standby fees on. There are three outstanding tax certificates a.c, total liens and assessments against the property of over $600,000. He is trying to come 9 August 21, 1997 J, up with a plan to be able to bring this property back on-line, find a development scheme that works and put houses in there so that these things get caught up and paid. He asked me to try to get a definition of the different size and number of bathrooms in a unit as to the ERC's that are assigned to those. We have that criteria for hotel rooms and RV lots. A hotel room has .5 ERC's per unit and a RV lot has .4. He is looking to find a way in which he can maximize the smaller units and not use up all of the ERC's. If he chooses to build one bedroom/one bath units, there might be a reason for those not to be as much as .8 ERC's per unit which would be for a three bedroom/three bath condo unit. Mr. Petty stated part of our original engineering master plan and rate study takes those criteria that we know to exist in Port of the Islands. The ERC's are broken out according to development. I think we are looking at a property now that is proposing development that we have not considered. One of the reasons it was included in your package is to consider allowing the Engineer to assign ERC values based on the same flow calculations we used for everybody else. We have a different animal here and to give them an ERC value of a single-family home would not be appropriate. We do not have a mechanism for staff to do that without the Board's consideration so we are asking the Board to authorize the District Engineer to evaluate the proposed development to show ERC values proportional to flow and then bring that back to the Board to show impact. Are we are going to have more or less people paying into the water and sewer system? Mr. Wolsky responded it is my understanding that we cannot diminish or increase the number of ERC's. Mr. Barnard stated this would not change in any way the number of ERC's that are assigned to the property. It would simply change the way in which they are spread out over the property. It would still have 154 ERC's. Mr. Petty stated 135 ERC's are for utility which is what they are discussing now. I think the reason they are looking for that answer is that they are going to be building one unit at a time and they are going to be paying off a lien and buying a meter at the same time. This is information that they really need. You are correct in that one of the impacts is that the 135 number for utilities is not going to change. That is one of the things that the Board needs to know. Mr. Gatti asked is that zoned for RV? Mr. Barnard responded it has two zonings. The first 30 acres from the highway back is zoned for conservation. The second 20 acres which is the middle of the curb back is zoned for what is called residential tourist which is hotel, motel 10 August 21, 1997 i &G or multi-family. One of the things that we will be doing on this property is going to the County to try to be able to use the property around the expansion of the canal. Mr. Gatti asked do you know offhand how this compares to the County Code? Mr. Petty responded the ERC's or the flow evaluations are done by the Engineer according to the standards that they utilize for this area. Mr. Gatti stated any action that we take cannot contradict County zoning.: Mr. Barnard stated it has to conform with the zoning. Ms. Marchand asked are we asking to approve water for 388 multi-family units? Mr. Barnard responded I do not know where that number came from. Mr. Petty stated it is 337.72 units according to the master plan back in 1990. Of course the property has changed hands. They have a new development plan and a new animal that we do not have in our master plan considerations. All we are asking is for the Board to authorize the Engineer to define that new animal and show impact. Should the Board approve that, that would give the Developer an idea of what his impact is which he needs to know. Mr. Gatti stated in other words if I understand this correctly, if we were to put RV's in that area at a .4 ratio, we could actually put in 337 RV's. Depending on how it is developed, that number at the end would change in accordance with how the project was developed and it could be an}~vhere as low as 135 units. Mr. Burgeson stated we are asking for approval to go ahead and prepare the study and bring it back to the Board. Ms. Marchand asked what is the new animal? Mr. Barnard responded there is no new animal. If it is determined that one bedroom/one bath 500 square foot units are going to be built, then that is not the equivalent of a three bedroom/three bath condo. A resident asked is there a cost to do this study? Mr. Petty responded there is a minimal fee for the Engineer's time which would be covered under our standard agreement v, ith him. The resident asked why don't we have the Developer pay for that? He is the one that needs this information. Mr. Petty responded we need it to comply with our bills. That is a good question. I would consider this to be a normal housekeeping issue of the Distz'ict that we would need to do for everybody. 11 ' August 21, 1997 1 Mr. Barnard stated if this were for just one parcel, we would but once we set a rule, it would be for any other parcel that may be developed. Mr. Gatti asked are we talking about something over $1,000 or less than $1,0007 Dr. Benson responded we can give you a very quick opinion. One of the standards of the industry for utilities for assessing impact fees or equivalent units, is what they call fLxture counts such as how many sinks, toilets, etc. What it is equal to is usually done by whichever Utility Board which would be this Board. We could give you some quick recommendations of something that could be however simple or complex as you would like. Obviously I think we could follow something simple where each bathroom counts as some fraction of an ERC. That way you can change potentially from 337 RV units to maybe half as many of something else. I think that is what you are asking for and we can give you that opinion very quickly. Mr. Barnard stated and cheaply. Mr. Gatt~ stated if we had a very preliminary idea of the distribution, we could figure out what we were going to end up with because that is the next question that is going to be asked. Mr. Barnard stated I do not think we are at that point yet. We are really just looking at the property and trying to make sense out of it. Mr. Burgeson stated that would be the new animal that you are referring to. Mr. Petty stated or the new product. liOn MOTION by Mr. Burgeson seconded by Fir. Gatti with all in favor the District Engineer was aut,h, orized to prepare a study to modify the existing ERC s and to bring back to the Board at the next meeting. ~ ORDER OF BUSEN-ESS Discussion of Correspondence received from Marlene l~Iarchand Mr. Berna,'d stated that letter from Ms. Marchand was included in your agenda package. We will go through this letter item by item. The water sewer increase is what it is. We assumed it to be 20% when we did it a year ago. .X, ls. Marchand stated it was done in October of 1996. In Petty's response of June 11, 1997 he explained what the increase was and I went back to my numbers and the 10% which I was referring to which was approved at the Public Hearing at that time, was basically an increase in the monthly minimum per ERC's. If 16G 1 August 21, 1997 you take the two of them together from what they were previously, you come up with and increase of 10.9%. If you take the actual usage when you go from computed usage on both the water and sewer, one was at 19.8% and the other was at 41.8%. Mr. Barnard stated I remember 20% as being the number that ,we discussed, i Ms. Marchand stated what that is saying is that it should have been presented to the residents in a slightly difTerent way. The one thing is the 10.9% increase and people go away thinking that, that is what the increase is but then based on their usage, they could substantially increase their monthly water and sewer bills because the usage dollar amounts were substantially higher. We can put that issue to rest if that is okay with you. Mr. Barnard stated that is fine. On the lift station failure issue, basically the lift station failed and Ms. Marchand paid $120 to get it cleaned up. What can we do for her? Mr. Petty responded we can tell you what happened. We received a call on a weekend that there was a problem with the lift station alarm. We had Mr. Stephens take a look at it and he found an adult diaper, that had blocked up the impeller on the lift station. Once he pulled the object out, the pump was back in operation. It turns out that a plumber on site had just cleared that item from a private sewer and that is what we think came down and plugged the lift station. Regardless, if something plugs the lift station, we have an alarm light and we hope that somebody outside will call us and then we come out and repair it. That is what happened here. There was one pump out of repair at the time so when this one plugged up, there was no backup. There was a blockage on-site and it was Mr. Stephens understanding that a plumber was called to clear a private line. Mr. Barnard stated however it happened, it plugged up the lift station. Ms. Marchand stated that is not what happened. The pump was broken because it was faulty and the sewage backed up into my park. The reason for the backup was because the pump was not doing its job. At the time the one pump was out and by the time we were knee deep in you know what in the RV park, we called the plumber because we thought that we did have a blockage. The blockage you are talking about was three weeks before and I have the bill for that and we were told that we should not flush these types of things down. But that was not what this was. Duke's Plumbing were the only ones who would respond on ;~ late 13 August 21, 1997 Friday night and as soon as he saw what the nature of the backup was, he went straight from one end of the park to the other down to the lift station and he said the pump was out. He pushed the pump and it would not start. He tried to get the pump going for about 20 minutes and he said it was defective. On his bill he said "entire park main sewer is backed up. Found lift station pumps were out. Tried to get pumps working. Pumps are bad". Two weeks following that, the light on top of it burned out because we now check regularly to make sure that there are no problems. Ms. Strohrn asked are we just talking about $1207 Mr. Barnard res, ponded yes. Ms. Strohm stated I think we should pay Ms. Marchand that amount. liOn MOTION by Ms. Strohm seconded by Mr. Burgesonl] with all in favor Ms. Marchand will be reimbursed $120~ for a Plumbers bill for repairing a backup in the [[Park. Mr. Barnard stated the next item is fire ants and the District does not provide fire ant patrol, Mr. Petty stated that is certainly a consideration if you would like to put it in the Budget. Mr. Barnard stated at this time it is not in the Budget and is not a service that we provide. It is up to the individual property owners. Ms. Marchand stated we were talking about CID rates and Mr. Petty stated in his letter to me that it is the responsibility of the landscape people. Mr. Barnard stated he was being overly generous. I do not ever remember including anything in the Budget for fire ant patrol. Mr. Petty stated in my response to Ms. Marchand, I told her that we would be glad to go out there and talk with our Contractor to make sure that he lives up the contract and sprays anything that is damaging to the plants. We do not have a fire ant control or eradication pro,am in there. If you are familiar with fire ants, to eradicate fire ants is a costly job. You are talking about dispersing Amdro as if it were Diazanon. You just do not go to the mound with your spoonful, you have to disperse it as you would fertilize. That is currently being tried by the University of Florida to control the fire ants and we have a test site in Broward County that has had good results. You can imagine the cost of putting Amdro up and down the roadways. ~Ve can certainly look at that and get proposal.~ but it is 14 August 21, 1997 not in the contract. What is in the contract is keeping damage from the existing plant material by fire ants. We did talk to our Contractor and told him that if he saw any mounds near any plants causing damage, to destroy them. Ms. Strohm stated Ms. Marchand is referring to a huge ant hill on Newport Drive. Did we already address that? Mr. Barnard responded ! assume so. In regards to the issue of the signage, we have something in the agenda package that we will address further on in the agenda. Mr. Gatti stated ! would suggest that the individuals that want the signs put up in the case of the Holiday Inn, that those signs should come before the Board and that we approve those. They would submit to the Board what they want to do and then we will look at it and see ifit is appropriate. Ms. Strohm stated you might want to address it differently because our situation might be different. Mr. Barnard stated basically the answer is going to be the same. We will cooperate with anybody who comes to us with a request. We will look at a drawing or sketch and if the individual property owners want to get involved in helping the District by paying part of the cost of changing the signage, we would certainly consider their input. Ms. Strohm asked can I go off the record as being a Supervisor and just being a Hotel Representative? ~ Mr. Barnard responded yes. Mr. Petty stated you will still be on the record. Ms. Strohm stated just in a different hat. In that letter that I typed for Ms. Huang, we noticed that the CID owns the sign. I never knew that. I actually thought that the Hotel owned that sign. Mr. Barnard stated I think we need to handle Ms. Marchand's problem first and then we will handle the letter from the Hotel. Ms. Marchand stated in answer to your question where you said "is that what Ms. Marchand is referring to", my problem is that although the sign had been re-painted, it is useless as no one can see it. I know the rules and regulations as fi~r as the CID. The reason why I have not done anything with that sign is that I recognize that it is your property. I am simply appealing to you as one of the major property owners at Port of the Islands. I think the CID should be responsive to the fact that some of the signage should be something as simple as saying "OPEN TO THE PUBLIC" because people drive right by me and they have 15 August 21, 1997 absolutely no idea that there is an RV park there. there and I can pay my bills, it helps the District. so long, I would like to have some minor signage. like it to look nice and equal to the community. As long as there is an RV park Because this process can take It is my RV park and I would Mr. Barnard asked will you bring us something in writing that you would like to have us put on the sign? We will give you a quick answer. It does not have to be fancy. Just tell us in writing. Ms. Marchand responded yes. Mr. Gatti stated I do not want this to be misinterpreted that we are going to pay for that si~n. Ms. Marchand stated I am just suggesting that you add something to the sign. The print is so small and there is lots of room to put things on that sign that could be done tastefully and would help me in my dilemma. Mr. Barnard stated bring your request to us and we will respond very quickly. Ms. Marchand stated you can skip the mosquito issue. Mr. Barnard stated on the Gun Club issue, it is the responsibility of the property owner. We bring our sewer lines to the property. Internal distribution and collection lines are the responsibility of the property owner. We installed internal distribution and collection lines and then we donated them to the District and the District maintains them. It would be up to you whether or not you thought it was more advantageous financially to run a sewer line to the sewer main. Either way I do not believe it is a District cost. There is no ERC assigned to the Gun Club. Ms. Marchand stated they had been paying for the pumping. Mr. Petty stated that is not correct. What had happened in the past, is in the early years, we were all helping each other out. If we had a truck out here pumping out one of our sewage beds, anybody else was free to use that truck. If we had to pay' for them and he still had room, anybody else could help. The Hotel used to do the same thing with its propane tanks and its trucks when they were cleaning out the grease traps. There was never an agreement or policy that said that we would pay for the Gun Club's septic tank ever. Ms. Marchand asked are the sewers still being pumped out? Mr. Petty responded we do not have any room in our trucks at this time and it is under contract. We can fill up more than one truck at a time these days. 16 August 21, 1997 Ms. Marchand asked if it is the CID's responsibility to get sewer to the property line, why do I have a main sewer running through my RV park? Mr. Barnard responded because when your RV park was developed, that was the way it was laid out and your sewer System was purchased by the District. Is that correct? Mr. Petty responded we are actually looking at that. We have been in there maintaining it and operating it. Ms. *larchand asked are you saying that there is a building on the property that does not have a sewer system and there was no arrangement made for it even though it is part of the District, i.e. the Gun Club? Mr. Barnard responded yes. Mr. Petty stated there was an existing facility that was serviced by Septic that the District allowed within its service area at the time of the creation of the District. Mr. paying for Developer. Barnard stated you have to remember that when the District was things like that, the District had a shortfall guarantee from the We used to have a water and sewer system and your bills were $10 a month and every month when they added up the bills, they would go out to California and would send them whatever they needed because we had a guarantee from the Developer to carry the cost of any overruns and the cost of the water and sewer system. The Developer had to make sure he had water and sewer for his hotel and homes and he just picked up the cost. As we began to mature into a diverse community, we saw that, that could not continue and that is when we developed the standby fee system whereby only the people who live here would be paying S500 a month on a single-family house or maybe more if we only had the usage cost. We had to develop the standby fees but as far as the District paying for a pump-out, I would certainly think that as a matter of courtesy, if we have a truck and there is some room on that truck, I would have no problem with the pumping-out but I do not think we can guarantee it. As far as running a sewer line, that would be the responsibility of the property owner. Ms. Strohm asked could Ms. Marchand connect to the sewer line that runs through her property? Mr. Petty responded yes, upon application to the District. Mr. Barnard stated I do not know where the manhole is that you have to go to. You might even need to have a lift station. In regards to the issue or, the irrigation water, it does not go to the property. We have the money in the bank to 17 complete that project, about $60,000, and we have simply never chosen to spend that money. Ms. Marchand stated the cost is $5.21 per unit for irrigation. Mr. Petty asked are you talking about monthly minimums? Ms. Marchand responded yes. Mr. Petty stated that is correct. Ms. Marchand stated we are trying to make the RV park look good and the only way we can do that is to make sure that we have water. I think it is crazy for us to be using treated water and dumping it into the sewer system when there would be a possibility of having irrigation. My concern is that at $5.21 a unit, I have 188 units which amounts to almost $1,000 a month. Until such time as I develop the park, I have all of this open space that I am paying standby fees for to the tune of $2,000 plus the assessments. I have not even done any of my development yet to be able to get irrigation lines within my property. Mr. Barnard stated I do not see any move to run irrigation water there. It is about a $60,000 cost to the District. When we do that, the people that benefit from that would be expected to pay the standby fees. If it is $1,000 a month, that is still a 60 month payback to the District. It would not be a great investment but at some time it will be done. We prefer to have it coincide with the need. That has always been our position. Ms. Marchand stated I understand it is in the Budget for this next year. I would ask for you to work with me to be sure that your work and my work would be simultaneous. Mr. Barnard stated if at all possible we would certainly do that. SIXTH ORDER OF BUSI~'ESS Consideration of Certain Issues Regarding the Resort & Marina Mr. Barnard stated included in your agenda packages is a letter from Ms Bonnia Huang who is the Owner of the Port of the Islands Resort and Marina. Mr. Petty stated I have responded to her since the agendas were mailed out. Mr. Barnard stated I think that anything that happens at the Hotel in the way of making it a better place and making more people come here is a benefit to the community. Within certain standards, I would think that we would want to encourage cooperation in every way possible. The sign at the entrance is on District property. I do not know how that happened but it did. When we were getting ready to have an auction, the legal descriptions were created by the Surveyors. Within the parameters of brinDng it to us for review and looking at it, 18 ~.~aa II II I I III III I I III IIII I II III II I II II II lilt Au~-ust 21, 1997 I would not have any problem personally with changing the sign or doing it differently and whether the gatehouse sign could be incorporated into the same sign. I think the resort will find the District cooperative. Ms. Strohm asked in other words, would we just bring you the plans? Mr. Barnard responded bring us a proposal on what you want to do. If you want to tear down the sign that is there, show us what you want to replace it with and we will look at it. bls. Strohm stated Ms. Sonia Durman is here from the Division of Forestry. The Hotel has donated the usage of the gatehouse to various park's agencies and effective October is our target date for opening a visitors information center. It will not be a retail shop. It will just be strictly for the area and they want their name on the sign. However, this is a not for profit organization and when we thought it was our sign, we told them that we would take care of the signage. I recently found out over the last couple of months that it is not the Hotel's sign and this is where the problem comes in. One of the requests of the Hotel is in the future, if you ever wanted to lease it back to us, that you sell it to us. bIr. Barnard stated at this point, I believe that the District has a sign ordinance. We have set up the rules and I think it is appropriate. Even though the resort is very important to us and we want it to do well and we want to do everything we can to help it, nonetheless it is a community entrance as much as it is anything else. Ms. Strohm asked are you going to leave it with all of the different community advertisements on it? Mr. Barnard responded we do not know yet. We are looking to you to come to us ~vith a proposal. ~'Is. Strohm stated we have an idea of what we want to do. Do you think that we can have our signage ready by the next meeting? Mr. Barnard responded before you go out and spend a great deal of money on a Holiday Inn sign, you probably should have a franchise. The sign issue may be something that you do not want to address right away. Mr. Petty stated they can look at putting a sign on the building on a temporary basis should the Board need more time to review your proposal. That building is yours and signage has been placed on the building temporarily before. Mr. Anderson stated I just want to make sure for Ms. Marchand's bevefit and for this discussion that everyone knows that the County has a sign ordinance 19 August 21, 1997 that you must comply with and you might be well advised to go to the County before you bring a proposal to this Board. Mr. Barnard stated some of the questions in here relate to whether or not permits are required and they are for any sign that you put up. Ms. Strohm stated we know that we have to go to them for permits. We were not sure if we had to go to the District also. Mr. Petty stated I explained in my response to Ms. Huang that you need to check with the County on their ordinance and if you are dealing with District property you need to come to us with a proposal. If you are building signs on your own property, you do not need to come to the District. That is between you and the County. The District does not control those types of issues on private property. Mr. Barnard stated as to plans and permits, we do not have the authority to review and approve plans unless they relate to water and sewer changes. The Architectural Review Committee is for residential properties, not for commercial, although we certainly like to be included and have a chance to look at them but we do not have the authority to approve them or deny them. Ms. Strohm stated the next issue has to do with construction vehicles. Mr. Barnard stated if you are going to be doing re-construction, you are going to have construction vehicles. The only way this community will grow is with construction vehicles. We have been trying to run them down the old airstrip wherever we could but in some areas they cannot. Mr. Petty stated my response basically said to make us aware of the infrastructure activity. If we find a puddle of concrete from one of those trucks we will talk to them. Mr. Gatti stated there is another consideration which I have spoke to Dr. Benson about which is that the roadways are deteriorating and I think we all recognize that. Each year we better start having each homeowner put $50 into a reserve fund and start building up for that because I guarantee that is happening. The Developer now owns a lot of these properties and by implementing that phase of it now, he pays his proportionate share of that cost for replacing these roadways. If we wait until the 11th hour, those of us that own here are going to get stuck with replacing our entire roadway system. Mr. Barnard stated by the way that our assessments are created and assigned, the Developer picks up a majority of a share of that cost anyway. That is the way it is. The only way to handle that reserve is through the annual assessment. ' Au~'ust21, 1997 1 ~ Mr. Gatti stated now is not the proper time but since Ms. Strohm brought it up, the Engineer's Report talks about the construction entrance, and the truth of the matter is that this entire roadway system is failing. Come budget time next year you are going to hear it again. Ms. Strohm asked are you saying that the Developer gives a portion of the money to repair roadways? Mr. Gatti responded no. Everybody that owns a piece of property pays $67 a year. Ms. Strohm asked does the Developer contribute anything to it? Mr. Gatti responded yes, for every unit that they own. If you own a house, you pay $67. If they own 20 units, they pay 20 times $67. We have to start developing that reserve for this roadway system. Ms. Strohm asked does that money go into an escrow fund that we are not actually using right now? Mr. Petty responded we do not have a reserve allocated for roads other than the $15,000 a year that we put away for repairs and maintenance. Mr. Barnard stated we do not carry that forward at this time, that may be a consideration. If it is unspent in a year, we should carry it forward to the next year. Are there any other comments on the letter? I think we have addressed the issues to the Hotel and we are generally supportive. I do not think it requires any action on our part unless you feel it is necessary. Ms. Strohm stated we want to put a sign on the building. Mr. Barnard stated you can put a sign on the building. If you need something more than that, I do not know exactly how you would accomplish it but come to us with a plan of what you want to do. Ms. Durman stated there is a sign in front of the gatehouse and originally we talked about putting your name up there. If we can come up with a plan, we will bring it to the Board and get it approved. In the meantime, you can still put any type of sign directly on the building. Mr. Barnard stated but you must get a sign permit from the County. Mr. Gatti stated when you typically prepare signs that indicate Federal parks in green, beige and yellow, if it is in that context, I think it will look good and will also serve your purpose. Ms. Durman stated I have some rough sketches. This morning I was just drafting something. There are 12 organizations involved and we thought that we could put each logo at the bottom of the sign. I did all different ones but number 21 August 21, 1997 four might be something that we could think about later if it was something that we could live with. We could basically just change the marina name to Information Center. Mr. Barnard asked are you talking about using our main entry sign for the Environmental Center? Ms. Durman responded yes. Mr. Barnard stated I do not think that is going to happen. Certainly we would like to have you here and we want you to get some signage. We will work with you. I do not think the Hotel is willing to give up their space. Ms. Strohm stated we thought we could add you on. We already use the logo. Ms. Durman stated the wording of Port of the Islands would be the same. We are really looking forward to this. I think this is going to be good for the community as a whole. It will take the lead on the ecotourism because this is the place to go. Mr. Anderson stated there may be some more legality as far as the sign since the location of that sign is owned by another governmental agency. Everybody should be sure and look for that loophole that might exist. SEVENTH ORDER OF BUSINESS StnffReports A. Attorney There not being any, the next item followed. B. Engineer Dr. Benson stated what was requested of us a few meetings back was to look at the lighting at Port of the Islands and make recommendations for any additional lighting for the community. We have done that work . I have an Exhibit. The yellr, w color dots are the existing lights. In red are the ones that we have completed a lighting plan where there were lights at the appropriate spacing of approximately 300 feet between them. We had an Electrical Engineer look at this who used to be with FP&L and now is on his own. He has coordinated with the Lee County Coop who does the lighting out here. We have some plans that we have given to the District office which shows what we have done from an electrical standpoint to install those lights according to the Coop standards. The other District road that goes to the North up to the Hotel and around to the East, there is a gravel road out to the Water and Wastewater Plant. There is also lighting along the road up towards the Hotel. It was approximately the same density of what ,ye August 21, 1997 are talking about here. At this time we are not recommending any changes on the North side but there will be an additional eight lights on the southern area would complete the site plan. The Eveningstar Cay area has different types of lights. It is not the high stream lights, it is the lower lights. There is a separate system that covers that one portion of the community. Mr. Gatti stated I know that it varies with each District but the lights that get installed by the Lee County Coop, in a lot of instances they capitalize it and then we pay for the lights through our energy costs. Mr. Petty stated it is paid by the monthly bill. Mr. Gatti stated so there is no capital outlay on these street lights. Mr. Petty stated that is correct. Dr. Benson stated adding these eight lights would then complete a uniform plan for the community. Mr. Gatti asked listening to what Ms. Marchand is saying on some of these issues, would it be prudent to put some extra lighting at the entrance to the North Hotel? Dr. Benson responded when you get to the Hotel property, the question is if that is the responsibility of the District to install those lights or if that is the Hotel's property because the parking area and the road in front of the Hotel is owned by the District. Ms. Marchand stated he is talking about the entrance at U.S. 41. Dr. Benson stated there is lighting already there. Mr. Barnard stated I think Ms. Marchand is saying that the sign itself is not properly lit so that it can be read at night. Is that correct? Ms. Marchand responded the fixtures. It is not the light. Mr. Petty stated they put a brand new light there. Ms. Marchand stated we monitor the lights regularly. Mr. Gatti stated I recommend that we authorize the Lee County Coop to install the lights. Dr. Benson stated we have given the District Manager's office the engineering drawings that are signed. [On MOTION by Mr. Gatti seconded by Mr. Burgesonl[ [with all in favor the Lee County Coop ;vas authorized to][ linstall street lights as recommended by Hole, Montes [Associates on the plan that they presented. IIIIIIIIIIIIII III IIII II .... ....... II I IIIII I II IIII /1111 II III1~1111 August 21, 1997 Dr. Benson stated I have a quick update on your permit. Your permit has not been issued. The last time we talked about this, the person in charge was on vacation and he was hoping to have your Wastewater Plant permit issued in August. He is considering some slight modifications that are in your favor from an operational standpoint. He intends to issue the draft permit in September. Mr. Barnard asked when does that temporary permit expire? Dr. Benson responded the fact that they are currently reviewing this application, you are okay. C. Manager Mr. Petty stated I do not have anything for the Board. Mr. Mossing, do you have anytking to report? Mr. Mossing responded yes. The Chairman requested the District to prepare a water audit which we have prepared. We looked at this current Fiscal Year that we are operating under. Mr. Petty is now handing out that to the Board. Mr. Barnard stated for the benefit of the individuals that were not here at the last meeting, a water audit is basically how much water we are producing at the plant and how much we are billing through our meters and how much does not go down the drain. Dr. Benson asked did someone give an estimate? Mr. Barnard responded I believe 20c,'} was the number. Mr. Petty stated it might be less than 20c~. We have one section that uses potable water for irrigation and it took us a little longer to do this calculation than we first thought. You are looking at a higher than acceptable level of loss of 31%. Basically that means that for every 100 gallons we produce at the Water Plant, we are only being paid for about 70 gallons. We have not had a lot of time to look at this but we want to start at the Water Plant. We have the two master meters, one measuring the water coming from the wellfield and one measuring the water coming from our high service pumps to the customer. That is how we measure the column marked gallons used or gallons produced. In talking with the operational staff and Mr. Stephens, those two meters are in conflict. I know that this shows that we are having unacceptable losses, in looking at the two meters, depending on which one you pick to evaluate. Mr. Barnard asked does this mean that we have meters that give incorrect readings? August 21, 1997 Mr. Petty responded, at the Water Plant, these are not billable meters, they are operation meters. The good news is that thanks to a suggestion by the Board, we have uncovered something that needs our immediate attention. We think we have a lead on it and we will come back to you at next month's meeting with hopefully the solution. Ms. Strohm asked did I just hear you say that you have modern day meters that make an em-or? Earlier I heard you say that they are infallible. Mr. Petty responded I did not say they were infallible. I said they could not read high. I have two meters that are reading differently. They are currently using the worst case meter which is why this is showing so poorly. We want to calibrate those meters and get them re-certified so that we know what the actual percentage difference is. Mr. Barnard stated these are not meters that have anything to do with anyone's water bill. EIGHTH ORDER OF BUSEWF_..SS Supervisor's Requests and Audience Comments Ms. Wolsky stated on many of the unused lots where that black pipe is coming out, while walking the dog, I noticed that there is a leakage. I do not know if that adds up to a lot of gallons or not. Mr. Petty stated it is possible and I do not have any problem with asking operational crews to go out and check. Ms. Wolsky stated it is not a heavy leak but some are heavier than others. We are losing water. Mr. Gatti stated with the sand that we have out here you could be losing a lot of water. Ms. Marchand stated the North Entry Landscaping has been quoted at $18,000 and was bid at $23,000. Why is that? Mr. Petty responded it was approved at $23,000 but the bill was $17,000. That is because we bid a lot more trees than what we wanted to use and when the actual tree counts came in, there was a difference. Ms. Marchand stated I had talked to Mr. Tom Simmons about it because we worked together to keep the costs down and they stopped six feet too short. They were going to go up to the first clump of trees and it is an area that ended up getting dug up. We are already under budget as you approved $23,000. Do you think you can use the difference to get them to come and fix it? l[ [[ [ Illllll[ I [ I Il I [ Illl Il Illl I[ll[ [11[ Il [ Il Il I ' -- [ [ August 21, 1997 Mr. Petty asked are you saying that there are some trench marks from the Contractor? Ms. Marchand responded yes. The sod stops here and the first set ef trees is about six feet up the length of the Boulevard. Mr. Petty asked is there some construction damage there? Ms. Marchand responded if they throw some sod down, it will look great and make it look finished. It looks as if somebody said %ops, we ran out of sod". Mr. Petty stated we can certainly get them to do that. Ms. Marchand stated it needs edging too. It just does not look finished. Dr. Benson asked is that just one side of the road or both sides? Ms. Marchand responded it is down the center of the roadway. A resident stated as I would like to inform whoever is taking care of our lawn that we have all weeds. We have no grass in the center median. Mr. Barnard asked where are we talking about? The resident responded coming down Newport Drive. Mr. Stephens stated I talked to Mr. Simmons about that and he said the reason why that happened is because the sprinkler system there does not work properly. He said that the heads do not spray right so the regular grass died and weeds formed. Mr. Petty stated I think thc irrigation system is working fine. We went in there with Bahia Sod and we all know that there are problems with Bahia Sod. They recommend to re-seed over a period of time. We tried to meet some drought resistance out there to keep our irrigation bills as low as possible. I think maybe if we look at re-sodding that or re-seeding it as we go into this landscaping program come October 1, ~xs we get those monies for renovation, that we look at that problem. I think we looked at the Bahia Sod to have a life span ofabout four or five years and we are just about there. The resident stated right in front of the first zero lot line house, they have those trees planted there which is now solid crab grass. I do not know if it is the same guy that takes care of that. Mr. Petty stated he cuts and maintains what is there. If crab grass is there, he is going to cut it and edge it. The resident stated when they cut the grass, the cuttings build up and we have black streaks all through there. Mr. Petty stated there is a point that we talked about before. In the landscaping program, you may want to consider that option but that option carries a cost. If you want to bag it and haul it off, you are going to see that number for him hauling that off. We tried to get the quality there for the health of the plants and let them mulch it which is an accepted practice, but you are going to get those marks. Ms. Strohm asked do we fertilize? Mr. Petty responded we have a very specific fertilizer program. Ms. Marchand stated I am probably going to be doing some bush hogging in. my open areas this fall. The easement along the pipeline needs to be done. It is really growing up. It is the area behind the Gun Club. Do you want to do that in conjunction with my program? Mr. Barnard responded I am not even sure we are allowed to do it. It is in a wetland. Ms. Marchand stated my understanding is that you have the maintenance responsibility of it. Mr. Petty stated maintenance for a development is one thing but maintenance of a wetland is a whole new ballgame. I think you are referring to the outside portion of the berm that is there for maintenance. We are not going to get a landscaper in there for the other side of the berm. We have to leave that alone. The maintenance road for maintaining the berm wall itself, we can talk about. A resident stated we are talking about beautifying Port of the Islands and I think we should call the Caya Road Department and tell them to cut those weeds all the way up on U.S. 41. It looks atrocious. NINTH ORDER OF BUSINESS Approval of Invoices ion MOTION by Ms. Strohm seconded by Mr. Burgeson[[ with all in favor the invoices for the General Fund dated[[ August 21, 1997 in the Amount of S33,575.18 ~and the[I Water and Sewer Fund dated August 21, 1991 in thel[ Amount of $17,944.28 were approved. [I T~adjourned at 5:30 P.M. 16G 1 Thursday August, 21, 1997 4:00 P.M. 9. 10. AGENDA PORT OF THE ISLANDS CO1V[M'LRCITY I/KPROVEM~E~ DISTRICT 25000 Tamiami Trail East Nap. les, Florida Roll Call Approval of the Minutes of the June 19, 1997 Meeting Consideration of Request from Golden Florida Resorts Regarding Delinquent Utility Bills Consideration of Request to Modify ERC's Discussion of Correspondence received from Marlene Marchand Consideration of Certain Issues Regarding the Resort & Marino Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Approval of Invoices Adjournment NapLes Oai~), ~lews Naples, FL 33~0 Affidavit of Publication Naples Oaity News PORT OF THE %SLANDS CORAL SPRINGS FL 33071 REFERENCE: 01(~948 57548~7 Notice Of Heeling Po State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples OaiLy News, a dail! newspaper pubLishea at r~apLes in Collier County, Florida: that the attached copy of the advertising was published in said newspaper on dates listed Affiant further says that the said Haoles Oaily News is 8 newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLcrida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coooration ac7 discount, rebate, commission or refund fo~ purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 08/14 AD SPACE: 53.000 INCH FILED ON: C8/14/97 Notice Ot Meeting Pmff of the Islands Community Improvement District The Board of Supervisors of the Port of the Islands Communh~ Improvement Olsirlct will hold their regular meeting at 4.~0 PJ~A., Thursday, August 21, 1997 In the offices Of the Olstrid at Port of the Islands Resort, 25000 Tamlami Trail East, Nmles, Florida 33961. The meeting is caen to rne public and will be conducted in accordance wi~ the provisions of FlarJad Law for Communi- ty Development Districts. There rr~ be occasions when one or more Supervis~'s will por~cipate by tale. phone. At 11ne above laocoon there will be orese~ a soever telephone so that any in- terested person can attend the meeting at · e above Ioc~on and be ~11¥ informed of the UtscussJon% t~lng place either in per. son or by teleo~'one communication. Any i~erson requldmj soectal accom- modations at this meeting because of a dis- ~bilih/ or physical impairment should contcct the District Office at (9~4) 753-0380 ~ least five calendar days prior to the meeting. Each person who decides to obit)col anv decision made by the Board with re- spect ,'o any matter considered at the mae'ring is advised mat person will need a recor'~ of the proceedings and ¢ccor~Jngl¥, the person rnav need to en- sure t~ a verbatim record of the pro- ceedings is made, including the te~rnon¥ and evidence upon whic,~ such appeal Js to be b~sed. Gcr'~ L. M,over Var. cGer .~ugust 1.1 No. 104D'39 Signature of Affiant Sworn to and Subscrioed before me tn~s ' Day of -. 1~..~'/ Personally known by ~e 16G ! 16G 1 Resort & Marina August 21, 1997 Board of Supervisors Port of the Islands Community Improvement District RE: Delinquent Utility Bills - Golden Florida Resort Total .Amount Claimed in Arrears Amount Paid (See attached) Balance Breakdown North Hotel East Marina S11.119 94 781_58 Acct.=10009002 Apdl1996 Acct.~10009202 April1996 May 1996 SI.413.24 1.989,97 Efficiencv South Irrigation Acct =10000402 April 1996 Acct =10030000 Adjustment (Jan-Oct 1995) November 1995 $ 4.438 60 448.32 Other Total: SI0.338 36 $ 1.237 77 S 3.403 21 5 732.85 S 4.886.92 75_61 510.338.36 251)00 Tamiami Trail East · Naples. Florida 341 Nationwide 1-800-237-4173 · Local ~'9J.l) 394-3101 · Fax ~941) 30.1-.1335 Board of Supervisors Port of the Islands Community Improvement District Page Two August 21, 1997 Analysis By Account: . North Hotel East - Acct. #10009002 Meter No. 9185672 From November 1995 to April 1997 (ex. 4/96) - 17 months Total usage = 285,500 gals. Average per month = 16,800 gals. Amount billed tbr 4/96 = 268,300 gals. (16 times) Average billing should be: Minimum - usage = 357.06-'- 16.8(!.16-'-2.13) = S412.33 vs Sl,239 77 (5;827 44) Marina - Acct. ~ 10009202 Meter No. 9491169 From February 1996 to .April 1997 (ex. J/96.4/96. _ 96) - 11 months Total usage = 939.400 gals. Average per month = 85.400 gals .Amount billed t'or' March 1996 April 1996 Mav 1996 Total = 307.600 gals (not paid) = 482,900gals, (not paid) = ' 9__4.9.2,5~ gals (paid) 1,284.100 gals Average per month = 428.000 gals. 15 times) Previous 12 month average billing= $ 627.31 May 1996 billing = S2,025 18 Amount unpaid = $3.403.21 Efficiency - Acct. ~ 10009402 (No meter readings available) From April 1995 to December 1996 (ex. 4,,96) - 20 months Total amount billed Average per month ..Lmount billed for April 1996 = S5.337 31 = 26687 = $ 732.85 1'2 7times) t tt I III IIIII IIIIIIII I IIIIIIII III I IIIIII IIIIIII IIII II I I I I~ II II ~ Board of' Supervisors Port of the Islands Community Improvement District August 21, 1997 Page Three 1 4. South Irrigation - Acct, #10030000 Adjustments I00.52 ERU's vs. 1.0 ERU 10 months (January - October 1995) 99.52 x 4 46 x 10 = $4,438.60 B. November 1995 100.52 x 4.46 = Total: 5;4,886.92 Question' How is ERU determined for irrigation. Chart shows 4/acre for commercial or common areas. South hotel property approximately 13 acres ERU should be 52 not 100.52. ,Amounts paid: Acct. # 10008902 Acct. #10017100 Acct. # 1002010 I Acct. # 1002100 I Total. 5;734.29 - Paid 12/16/96 - Ck ,~4887 5; 16.73 - Paid 5/I 0/96 - Ck #4246 5; 4.46- Paid 5/10/96- Ck #4246 ~- Paid 12./16/'96 - Ck ,~4887 $781.58 10008902 North Hotel biiddle Billing-11 / 15/96 $734.29 Total Due $,34..9 10009002 North Hotel East Billing-4/8/96 Overpayment-4 / 17/97 $1,239.77 (5')6.14) [ Total Due $1,1,13.63 ] 10009202 Marina Billing-5/10/96 $1,989.t}7 V/ Billing-4/8/96 $1,413.24 v'/ Overpayment-3/21/96 ($1}.05) I Total Due 53,4()3.16 I 10009302 Villas Billing-5/5/95 $1,017.12 Billing-6/6/95 $1,039.16 · Pax'. ck.#2827,8/24/95 ($1,989.41) Total Due .566.87 1000941)2 Effici,mcies Billing-4/8/go 5732.85 -- Underpayment-4/17/97 S96.14 Overpayment-I /31/96 (SI). 10) [ Total Due S,.s28.8o Total Due $26.10 10017101) Lot 64 Phase II I Total Due .51(,.73 10020001 Chickee Hut Billing 9/7/95 $889 I Total Due 10020101 Tennis Courts Billing-4/8/% $4.4t, 10021001 Hotel l'ool 1003~)00 Hotel Irrigation Adjustment- 11 / 13/95 Billing -11/13/95 $4,438.60 $448.3, Total Due $4,886.92[ TOTAL $11,119.94 I I IIIIIII IIIII II I II IIIII I IIIII III IIII II II 10017100 10020001 10009502 10009402 10009302 10009202 10009101 10009002 10008902 10008802 10031001 10030000 10021001 Port of the Islands C.I.D. Delinquent List Name Amount Due Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Resorts Resorts Resorts Resorts Resorts Resorts Resorts Resorts Resorts Resorts Resorts Resorts Resorts $35.55 $14.10 $983.51 $974.44 $1,886.51 $3,921.85 $36.63 $1,752.69 $1,743.36 $1,370.22 $219.76 $5,410.63 $69.72 16G '1' ~Totals $18,418.97! 999O032001 Totals Anchor Builders $495.56 $495.56I 10005802 Port of Islands 9990077001 Port of Islands 9990078001 Port of Islands 9990079001 Port of Islands 9990080001 Port of Islands 9990081001 Port of Islands 9990082001 Port of Islands 9990083001 Port of Islands 9990084001 Port of Islands Construction Construction Construction Construction Construction Construction Construction Construction Construc ~on $113.10 $15.06 $15.06 $15.06 $15.06 S15.06 $15.06 $15.06 $15.06 9990014002 Leone, Barbara/John $12.34 999001600] Sunset Harbor Club $11.49 10008104 Byers, Doug $58.82 10011102 Payne, John W. $80.66 9990038002 Genung, Robert $60.06 9990049002 Emerson, Robert $59.27 9990067002 Denlang, Donna $61.95 ]Totals $344.59 ITotal Delinquent Accounts $19,492.70 ]Totals $233.58 ] ~Acct.# Port of the Islands C.I.D. Delinquent List Name Amount Due ] 10017100 Golden Florida Resorts $35.55 10020001 Golden Florida Resorts $14.10 10009502 Golden Florida Resorts $983.51 10009402 Golden Florida Resorts $974.44 10009302 Golden Florida Resorts $1,886.51 10009202 Golden Florida Resorts $3,921.85 10009101 Golden Florida Resorts $36.63 10009002 Golden Florida Resorts $1,752.69 10008902 Golden Florida Resorts $1,743.36 10008802 Golden Florida Resorts $1,370.22 10031001 Golden Florida Resorts $219.76 10030000 Golden Florida Resorts $5,410.63 10021001 Golden Florida Resorts $69.72 [Totals $18,418.97 9990032001 Anchor Builders $495.56 ITotals $495.56 10005802 Port of Islands 9990077001 Port of Islands 9990078001 Port of Islands 9990079001 Port of Islands 9990080001 Port of Islands 9990081001 Port of Islands 9990082001 Port of Islands 9990083001 Port of Islands 9990084001 Port of Islands ConstrucllOn Construction ConstructIon ConstructIon Construction Construction Construction Construction Construction $113.10 $15.06 $15.06 $15.06 $15.06 $15.06 $15.06 $15.06 $15.06 9990014002 Leone, Barbara/John $12.34 9990016001 Sunset Harbor Club $11.49 10008104 Byers, Doug $58.82 10011102 Payne, John W. $80.66 9990038002 Genung, Robert $60.06 9990049002 Emerson, Robert $59.27 9990067002 Denlang, Donna $61.95 [Totals $344.59 [Total Delinquent Accounts $19,492.70 ~Totals $233.58 ~cct.# Port of the Islands C.I.D. Delinquent List Name Amount Due 10017100 Golden Florida Resorts $35.55 10020001 Golden Florida Resorts $14.10 10009502 Golden Florida Resorts $983.51 10009402 Golden Florida Resorts $974.44 10009302 Golden Florida Resorts $1,886.51 10009202 Golden Florida Resorts $3,921.85 10009101 Golden Florida Resorts $36,63 10009002 Golden Florida Resorts $1,752.69 10008902 Golden Florida Resorts $1,743.36 10008802 Golden Florida Resorts $1,370.22 10031001 Golden Florida Resorts $219.76 10030000 Golden Florida Resorts $5,410.63 10021001 Golden Florida Resorts $69.72 [Ir'r° ta Is $18,418.97 J 9990032001 Anchor Builders $495.56 ~otals $495.56 J 10005802 Port of Islands Construction $113.10 9990077001 Port of Islands Construction $15.06 9990078001 Port of Islands Construction $15.06 9990079001 Port of Islands Construction $15.06 9990080001 Port of Islands Construction $15.06 9990081001 Port of Islands Construction $15.06 9990082001 Port of Islands Construction $15.06 9990083001 Port of Islands Construction $15.06 9990084001 Port of Islands Construction $15.06 ~Totals S233.58 1 9990014002 Leone, Barbara/John $12.34 9990016001 Sunset Harbor Club $11.49 10008104 Byers, Doug $58.82 10011102 Payne, John W. $80.66 9990038002 Genung, Robert S60.06 9990049002 Emerson, Robert $59.27 9990067002 IDenlang, Donna $61.95 ~Totals $344.59 ~otal Delinauent Accounts $19,492.70 ~Acct.# Port of the Islands C.I.D. Delinquent List Name 10017100 Golden Florida Resorts 10020001 Golden Florida Resorts 10009502 Golden Florida Resorts 1OOO9402 Golden Florida Resorts 10009302 Golden Florida Resorts 10009202 Golden Florida Resorts 10009101 Golden Florida Resorts 10009002 Golden Florida Resorts 10008902 Golden Florida Resorts 10008802 Golden Florida Resorts 10031001 Golden Florida Resorts 10030000 Golden Florida Resorts 10021001 Golden Florida Resorts Amount Due $35.55 $14.10 $983.51 $974.44 $1,886.51 $3.921.85 $36.63 $1,752.69 $1,743.36 $1,370.22 $219.76 $5,410,63 $69.72 ~rotals $18.418.97 J 9990032001 ~otals Anchor Builders $495.56 $495.56J 10005802 Port of Islands 9990077001 Port of Islands 9990078001 Port of Islands 9990079001 Port of Islands 9990080001 Port of Islands 9990081001 Port of Islands 9990082001 Port of Islands 9990083001 Port of Islands 9990084001 Port of Islands Construction Construcl ion Construction Constructmn Construction Construction Construction Construction Construction $113.10 S15.06 S15.06 $15.06 $15.06 $15.06 $15.06 S15.06 $15.06 JTotals S233.58 j 9990014002 Leone, Barbara/John S 12.34 9990016001 Sunset Harbor Club $11.49 10008104 Byers, Doug $58.82 10011102 Payne, John W. S80.66 9990038002 Genung, Robert S60.06 9990049002 Emerson, Robert S59.27 9990067002 Denlang, Donna $61.95 ~otals $344.59 ] JTotal Delinquent Accounts $19,492.70 J Port of the Islands C.I.D. Delinquent List ~Acct.// Name Amount Due J 10017100 10020001 10009502 10009402 10009302 10009202 10009101 10009002 10008902 10008802 10031001 10030000 10021001 Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Resorts Resorts Resorts Resorts Resorts Resorts Resorts Resorts Resorts Resorts Resorts Resorts Resorts $35.55 $14.10 $983.5~ $974.44 $1,886.51 $3,921.85 $36.63 $1,752.69 $1,743.36 $1,370.22 S219.76 $5,410.63 $69.72 Totals $18,418.97 J 9990032001 JTotals Anchor Builders $495.56 $495.56J 10005802 9990077001 9990078001 9990079001 9990080001 9990081001 9990082001 9990083001 9990084001 Port of Islands Port of Islands Port of Islands Port of Islands Port of Islands Port of Islands Port of Islands Port of Islands Port of Islands Construction Construction ConstructIon Construction Constructlon Construction Construction Construction Construction $113.10 515.06 515.06 $15.06 $15.06 515.06 515.06 515.06 515.06 JTotals $233.58J 9990014002 9990016001 10008104 10011102 9990038002 9990049002 9990067002 Leone. Barbara/John Sunset Harbor Club Byers, Doug Payne, John W. Genung, Robert Emerson, Robert Denlang, Donna S12.34 $11.49 $58.82 $80.66 S60.06 559.27 561.95 ~otals 5344.59J JTotal Delinquent Accounts $I 9,492.70 J ~Acct.# Name Port of the Islands C.I.D. Delinquent List Amount Due I 10017100 Golden Florida Resorts 10020001 Golden Florida Resorts 10009502 Golden Florida Resorts 10009402 Golden Florida Resorts 10009302 Golden Florida Resorts 10009202 Golden Florida Resorts 10009101 Golden Florida Resorts 10009002 Golden Florida Resorts 10008902 Golden Florida Resorts 10008802 Golden Florida Resorts 10031001 Golden Florida Resorts 10030000 Golden Florida Resorts 10021001 Golden Florida Resorts $35.55 $14.10 $983.51 $974.44 $1,886.51 $3,921.85 $36.63 $1,752.69 $1,743.36 $1,370.22 $219.76 $5,410.63 $69.72 ~otals $18,418.97 9990032001 Anchor Builders $495.56 ~otals S495.56J 10005802 Port of Islands 9990077001 Port of Islands 9990078001 Port of Islands 9990079001 Port of Islands 9990080001 Port of Islands 9990081001 Port of Islands 9990082001 Port of Islands 9990083001 Port of Islands 9990084001 Port of Islands Construction Construction Construction Construction Construction Construction Construction Construction Construction 113.10 $15.06 $15.06 $15.06 $15.06 $15.06 $15.06 $15.06 $15.06 ~otals $233.58J 9990014002 9990016001 10008104 10011102 9990038002 9990049002 9990067002 ~otals Leone, Barbara/John Sunset Harbor Club Byers, Doug Payne, John W. Genung, Robert Emerson, Robert Denlang, Donna $12.34 $11.49 $58.82 $80.66 $60.06 $59.27 $61.95 $344.59I ~otal Delinquent Accounts $19,492.70 Memorandum July 31,1997 Gary Moyer Rhonda Archer Dan-in Mossing Donna Holiday From: John Petty RE: Port of the Islands Assessment and Utility ERC's Please find enclosed a request from Tom Bamard for the District to consider modifying ERC's of the master plan to actual ERC's as they are now being constructed. I spoke with Tom and recommended that this be presented as an agenda item at the next Board Meeting. We would need authorization from the Board to change or add to the existing list of categories for utility ERC's. The assessment ERC's follow with the land and while they cannot be changed in total we may want to consider assigning values to categories so that transfer of assessment can occur at time of property sale. As you can see, the letter is addressed to Ron Benson. I recommended to Ron that he not address the letter until he receives Board direction. If you have any questions regarding these items, please do not hesitate to contact me. 253 Suc'~fse Ca,/~1102 FROM HMA ENV. EhiG 1N~..F_.R i I'..G 9~ 12~2~552~ POI REALTY 813-394-8090 PORT OF THE ISLANDS P.02 REALTY, INC Te~eonone 941-3~9-18C8 Fax 94 I-,394-~90 DATE: 7125197 TO: Ron Benson I~ROM· Tom Barnard RE: North EntryPar EKC's ~01'1, Bob Hardy and I have acquired title to the above parcel subject to several liens and encumberments, including three years of tax certificates and an $80,000 standby fee, which will increase at 52,500.00 per month. Needless to say, development will present several obstacles, however from the District standpoint it is imperative that we get this property up a,nd going so that it can fund its' share of'the utility co,ts. Should we be unsuccessful and the property go to a tax sale, the District's lien would be eliminated. Currently there are ! 54 ERC's assigned to the parcel. We need to know what types of units will work v4thin the district guidelines for ERC's per unit type. Our goal will be to come up with a plan that the district can approve which would have the following: 1. 500 sq. ft. 1 Bedroom, ! Bath units at .5 ERC's/unit. 2 750 sq. ft. 1 Bedroom, 1.5 Bath unitsat 75 ERC'ffumt 3. 1000 sq. ft. 2 Bedroom. 2 Bath units ~ I ERE/unit. Please let me know if this type of plzn would meet district guidelines. cc' Bob Hardy cc: John Pet's' ZZZZ ~ .... ~==zzzz _ =->>>~×~×~==>~ ~ ~ Xxx~~ "~G 1~ '9';/ 10:31 ~:R DISTRICT OFFICES ~2 954 ~$ 1L::~2 TO T966662 PORT of the ISLANDS R.V. RESORT 12¢2~ ~i0n Road Naples, ~lorida 34114 - 9~26 DATE: ~ t, 1997 NIq~O to: PORT of the ISLANDS ~ITY II~PRO~ DISTRICT District ADORE3$: VIA FAX to: 1-954-?$$-6701 ~: ~ (~1} ~ The following is a list of issues ~hich conccrn the District as a whole. and require attention. ~one nay seen a bit late; bovtver. I didn't have tine to addre:~ then during ny bu~y season. First of all. it w~s very disappointing that the February neetin8 was cancel lcd at the last mirrute, and without notice. As such, I was the sole attendee. Yo~ kr~w I alwa~ attend, and Tom'a answer is for ne to call hi~ t,he day of the meeting to confirn it's happening. Bowever, I a~ sure 'tom do~s not w~nt all th~ potential arterioles, ~h~ volume of which I ~ pleased to see is continuing to increal¢, to b~ c~lling hi,, for confirv~tion. I a~ sure we m find a ~ore efficient approach to solving this. The other rea.son for not disappointment was that I had a number of things to discerns which have ncr= ~vne unattended for another whole ~onth. So. I will cnatline soa, e here to get a bead start on the next ~eting. The hearing for the incrca.~es was October 2¢th.. and yet October was billed at the higher rate. Plea.~e confirm the correct ~ultiplier for the new rates. and the new ninisu~.s. At the hearin~ it was confirmed that the increases a~tmted to approximately 10"~; bogeyer, I a~ being billed a lOX incrr.~se for ~ater u~e, a 42'~ increase for sewer u~a§c ~ ~.n 18~ increase in the water sininu~. _LIFT STATIC~ FAILUI~E Late Friday afternoon on February 7th., in peak ~easo~ with the so-ers backed up, nec~ita~ing ay c~lling for ~siat~ce ..... ~T WI~X-~ OV~TI~ RAII~. W~l], ~ y~u no dOUbt know, the problea wa~ r~ot mine, but rather a total failur~ at t~ lift ~tati~ at t~ ~uth ~rk. It see~ that, ~ t~u~ it ~ ~ t~t t~re ~re pr~le~s with ~th ~ps, it did not ~t ~dressed ~til ~ Park ~ ~o ~ at~le de=p in Ill I I I II I I IIIIIII III IIIII IIII III III IIII I I IIII I I III IIIIII IIIIIIIlll I 1-t '~7 tU:~t ~ DI~[,Z,T G~r-b-E~ ~2 554 %e~er stuff" {not spelled that ray !!:). Once the pump was fixed, the problem was resolved, but the plumlaer was not sy~a~thettc to not charging. just because it was r~ot tile ParR'$ problem. Iio~evcr, he was Rind ash reduce the bill to only $I~0.00, vhich I paid, ~ nov expect rei=bursemnt from the District. The bill will be mailed separately for pain=ant. You may also bc re,arc that the problem repeated itself on l~rch 2~th.. but' we at th,' p~zk caught it before it &ot out of control. It seem that tr~e lisht bulb which is suplx~ed to indicate a ~alfunction was loose ard so your staff va.s un, ware until we achrised th~m. This ti~ ~e were only ankle deep in "$" for & whila, and as such. "Thank God" not as much aa the last tim~ seeped into the canal !:: The fire ant problem Is ROT Bail.q:; PltOPERLY addressed by the ~rounds cosrpan? responsible for the Oistrict's ro~a~. ~= hills ara so hu~ on ~rt Drive t~t they are al~sr displ.cin$ b~s. PI~, al~ the ~uls~rd up to tM ~th ~tel, a~ t~ R.V. Park, they let t~ tr~h, ~ ~ass build up ~til the ~y before the CID ~eting. ~en they partially cle~ ~ ~d later ~. ~at c~ ~ done to improve this u~cceptabl~ sit~tion 77 $o far, I have respected the wishes of tim District as to signage, even thov~h that is not the csae ~tith other pr~erty ~ers. However, I c~t live ~other =e~ with t~ existin~ $i~e, ~d ~nti~e to lose b~iness, ~ca~e fol~ ~'t see ~r re~ t~ front entr~ce si~. It h~ to be redone, ~ith ~ ~ the ~'s input ~ interests at hand. As has been indicated at CID meetings, there are ~nY residents unhappy with the ~osquito Control ~ograa. I ~ ti~ ~d ~ople are short, but it will ~ve to ~ ~ne re~larly ~ e~er~here, or else we are blowing the District's ~ey out the vind~. The P~ ~d ~ ~ ~ OP~ ~ I ~ losing buai~ss every day ~mse of the "~S". It is m exceptionally ~d year. so ~e should be res~di~ ac~rdingly. The cam Club has no saver hook-up. Russ Howard, who was on the Board of Supervisors for a nua~er of years, advises that the Board decided to handle the Oun Club's sewer requirements by a holding tank and a tile bed. versus the regular connection to the sc-~er system. It ~as further agreed trmt any charges for pumping out of the $yster~ would be the district's. I aaa now told, because the Club has required 2 pumpi~-outs within a short period, that the l~istrict is reneging on its come~itaer~t because it could be expensive. The $]00.00 bill w&s sent e.s always to the Distric:, but someone refused it and sent it to me, which I paid e.nd expect reinbur~e~nt. ~UG [4 '97 [0:32 FR DISTRICT C~FICES ~2 l~t setm ~o hav~ a covple Of opvio~s /m.,re. TAm ~ Cl~ ~uld ~re ~ Rt~izin~ t~ ~ c~ecti~ ~Id ~ ~tly to t~ ~i~ict. ~d r~co~izing t~ ~n ~he ~y~e~ i~ f~c~t~i~ pro.fly, only infr~quene ~pi~s are r~ir~. I ~ld be prs~ co ~sorb the ~s~s of re~iri~ ~he existi~ ~em, ~ 1~ ~ ~ Oistric~ c~ti~es wi~h the prior The RV area hu no irri~ation ~ater lines, It is c~rtainly not in interests, c~t vise, to ~e ~t~le w~ter ~d therefore, also ~y sewer fees; ~r is it to t~ district's ~o ~ve tr~t~ water ~i~ ~. ~hen ~treated irrigation water ~[d suffice. I as told it is the District'~ respor~ibili:y to provide irrigation. Let's discuss how and when chac will happrm. As ~uu cma sea, from all the above, I &I~YS hev~ the best interests of ~ "~i~y ~ a w~l~" ac ~. f sincerely~[ieve ~hat ~rt of th~ Isl~m ~ld ~ a ~nier ~unity, f~ su~si~ o~hers, but when one sees firs ~ts not ~r Control, slay la~ ~d ro~ ~ln~enanca on Oiscric~ {ro~s, ~squlzos ~ of ~1, e~c., ...... it is prevty ~rd to expecv ~t~tial new ~ ~ers to buy, ~ inv~{tors ~o inves:. I~c's make sure w~ discuss these isaue~ well in advance of the meeting. forward to your repli~, Sincerely, Telephone (local) & Fax 941-64,?,-5343 I:ejG 1~ '97 FR DI~TR~CT L,~c:FICES ~2 9~4 ~,4,5 1292 TO Port of the Islands 6 6 ! COMMUNITY IMPI:tOV~MF_NT DI.~T~ICT June 1 1, 1997 Madene Mar&and Pc~ of the Idands R.V Resort 12425 Urban Road Naples. Florida 34114-9626 RE: List of Is.sues Dated June 1, 1997 Sent Via Fac~le: 941-642-5343 Dear Ms. Marc:hand: Thank you for your memo listing your concerns and suggeshons. They will be passed along to the Board of Supen4sors at the June Metting along with this tnitiaJ response. Until then, let me begin to address the issues cs you have listed them. Water & Sewer Increase Your memo raised three basic questions; The dcrte of rate application The discussion of an increase of 10% The actaul rates f~ the P,.V Park The rate study was first discussed in July 1996 and was tied to the proposed FY 1997 Budget figures. The approval by ~ I~ard of ~upe~'visars after the ensuing t,~vo months discussions tied ~ rates to the new fiscal year which began October 1, 1997. That is why your October bill refelcts the rates as approved at the October meeting. The discussion of the proposed rates occurred over the months of July, August, September & October. The repc~t dearly showed direct comparisons of the existing rates at the time of discussion w~fh ~ being proposed. I do not remebre the discussion you recoil referencing a I0% increase. Certain segments of the rate study may have been under discussion at the time or an application at a certain usage leve~ but for a direct comparison of the proposed rates to exishng, the c~mparison tables of the report should be used. The rates for the R.V. Park are as follows: · Potable Water · Monthly Minimum Per ERC $5.53 · Cost per Thousand Gallons of Computed Usage $1.39 · Wastewafe~ · Monthly Minimum Per ERC · Cost Per Thousand Gallons of Computed Usage $8.08 $3.02 · Note: E~C counts ore s~ for the R.V. Park at h, venty (20) for each soCh and north meter. 10300 N.W. "/1th Manor · Coral Springs. Ftcdd3, 33071 · (305).753-0380 · Fax: J305) 755-6701 III II I ~ t4 ,c~ ~.0:3~. FP DZSTPlCT OFI::ICE$ g2 cji4 345 1Z>D2 TO ~'~F::~G2 P.~ 16G new Fiscal Year to m'tsure fund availability. Staff will be recm'rmencling to the Board that I~ ~oc~am be completed in Fiscal Year 1998. At the time of com~e~ion, the R.V. Park (developed and undeveloped) w~ll be billecl trrtgafion monthly mintmum~ cl~ e,e~y ofhec user of irrigohon worm' In Poll d fhe ~anc~ I hope this begins to address your concerns and suggestions and look forward to a continued discussion of issues affecting the residenfs and property owners of Port of the Islands. If you have any quesfions regarding these issues, please cio not hesitate to contcx:f me. R'nondo A~er Damn ,~,ossing Board oF July 17, 1997 Resort & Marina John Petty Port of the Islands Community Improvement District 10300 N.W. 11~ Manor Coral Springs, Florida 33071 We are about to commence major renovations this summer to our hotel facilities, both south side and north side. We have contracted with a local Naples architect who is designing and drawing up thc plans and blueprin'.~ ,~r permits and approvals. In order to be in full compliance with the District's rules and regulations, we have a few very important concerns which we would like to address with thc Port of the Islands Community Improvement District concerning both properties. We are not sure what level of impact this will have with the District, but w'e will require and appreciate your guidance, and support regarding permits and approvals. After the completion of renovations, our goal is to acquire a Holiday Inn franchise for thc south side property., with thc north side property remaining as Port of the Islands Hotel. Resort & Marina. Both properties w'ili have use and access to our manna, Each property will be marketed as a separate entity, and signage is vet?' important. I will address thc matter of signage for both facilities. I understand that the issue of signage was recently addressed by Marlene (Sam) Marchand. owner of the RV Park. The Hotel. the RV Park. and the Trap & Skeet range are the only permanent businesses situated on the north side property., isolated from public view due to their location. The success of these businesses, in part, depends on proper signage. For the Hotel. the proper sign is important not only for pre- arranged reservations, but we depend also on "v,-alk-ins" (tourists dri,,'ing by and in need of hotel accommodauons). Set forth below is a sununary of our issues which v, ill reqmre immediate attention and/or approval, from the Corrmaunity Improvement District. Please advise as to ~'hat steps are required on our part to achieve our goals SIGNAGE - North Side Hotel: We would like to install a new lighted sign on District property adjacent to highway US 41. Please a~'ise as to the size ,ac are permitted and the exact location. Will it also be nece~s,'~rs. to acquire a permit from the counp,.', in addition from the District? SIGNAGE - South Side Hotel: We will be installing ancw lighted sign, displaying the new Holiday Inn logo, on our property, adjacent to highway US 4 I. Please ad,,ise to the size peri'rotted by the District. keeping in mind that it is important to be visible at a distance. We will a~'ise the District ofthe exact location, a~ it has not yet been determined. Is it necessary, to apply to both the District and the Count2,.' for a permit for this sign? CONSTRUCTION VEHICLES: We understand that notification is required by thc District for entrance of construction vehicles to Port properties. Please advise as to w~at action must be taken on our pan regarding this matter. 25000 Tamiami Trail East · Naples. F'lorida 34114 Nationwide 1-800-237-4173 · Local (941) 394-3101 · Fax (941) 394-4335 John Petny Port of the Islands Community Improvement Office Page 2 GA'rEHOUSE; We have donated the use of the "Gatehouse" a.k.a, sales office, to the various local government parks agencies. Th~ will require a sign placed in front of the building. Please advise as to how they can go about doing this. Please note, these parks agencies are a Not for Profit t)~e agencies and must be a eortaideration and kept to a minimum. On this subject, I understand that the district owns and maintains the large sign in front of my "Gatehouse". Since the commtmity/owner~ pay for the upkeep of said sign. does the District intend to keep this sign in place indefinitely or is there a possibility that the District would be interested in either ~elling the sign or at the very least, lea,ne it back to the Hotel? We have no definite plans for the sign at this time, we are just inquiring as to the PLANS & PERMITS: We will submit all architectural designs and plans regarding the refurbishment of our hotel facilities, which includes renovations to rooms, lobby area, restaurant, pool area, and all grounds landscaping, to the Collier Count).' Planning Board for the necessa~.' permits. Are we also required to submit them plans to the District for approval7 Please advise. Thank you in advance for your time and attention regarding the above matters. We look forward to )'our immediate response. Cordially yours, ~ ~'4./--~>,..,'!~,t , ~L.~ ~.~- Bonnia Huang Owner cc: Millie K. Strohm General Manager. Port of the Islands Hotel Resort & Marina Winston Lue Director of Engineering, Port of the Islands Hotel Resort & Marina Port of the Islands COMMUNITY IMPROVEMENT DISTRICT August 15, 1997 Bonnia Huang Port of the Islands Resort 8, Marina 25000 Tamiami Trail East Naples, Florida 34114 Dear Ms. Huang; Thank you for bringing your concerns and questions to us in such a timely fashion. The issues raised in your letter of July 17, 1997 will be forwarded to our Board of Supervisors for their consideration at the August 21, 1997 meeting along with this response. You or your representatives presence at that meeting would be helpful. Your questions regarding s,gnage for the North Hotel on District property is currently not allowed without a permit. Any proposed s~gnage to be placed on District property must be approved by the Board of Supervisors. As you are aware, the exishng sign was placed by the District as an informahonal sign for the Hotel and RV Park. Any proposed modifications or replacements should be coordinated with the RV Perk property and brought to the District for consideration. The signoge for the south Hotel cppecrs to be planned for placement on private property and therefor not sublect to the Dis:nct's rules concerning s~gnage placed on District property. As to what the county may need ~t may be advisable to speak directly with that agency. Existing construction traffic Ps being monitored for damage to District roads and rights of way. Any damages are to be assessed to the developer of the construction proiect. You may advise the District of construction status by simply calhng our field offices on-site or contacting me directly. Congratulations on your good work with the park agencies involved in our area. The District sign in front of the "gatehouse" ~s subiect to and controlled by the District Board of Supervisors. The District has not considered leasing or selling this facility to a private party to date. If you 10300 N.W. 11th Manor · Coral S~rings, Florida 33071 ,, (305t 753-0380 * Fax: (3051 755-6701 1 arrive at a specific request or need, please contact me and we will bring it to the Board of Supervisor's attention for consideration. The remodeling and expansion plans for the Hotel must be reviewed by the District in order for you to maintain your current monthly minimum ERC's billing rate. After review of your plans we will be able to inform you of any increases to the monthly minimum ERC billing rate. The District will also review the drainage plan for compliance to the District's system and any easement areas that may be impacted by the construction program. Thank you again for your prompt attention to the District's responsibilities and consideration of your concerns. If you have any questions concerning these matters, please do not hesitate to contact me. Sincerely, John Petty District Representative Board of 5uperwsors Gary Moyer Darnn Mossing Ron Benson 16G Port of the Islands C.I.D. Water Audit 10/96 thru 6/97 Month October November December January February March April May June Gallons Billed Gallons Used Variance 1,868,268 2,411,627 2,507,665 2,660,960 2,522,540 2,600,790 2,042,390 2,339,500 2,142,198 3,091,000 3,168,000 3,483,000 3,726,000 3,569,000 3,687,000 3,354,000 3,476,000 3,354,000 (1,222,732) (756,373) (975,335) (1,065,040) (1,046,460) (1,086,210) 11,311,610) (1,136,500) 11,211,802) 0.00% -39.56% -23.88% -28.00% -28.58% -29.32% -29.46% -39.11% -32.70% -36.13% JTotals 21,095,938 30,908.000 (9,812.062) -31.75%J 16G Port of the Islands Community Improvement District General Fund Balance Sheet For The Period Ending July 31, 1997 Asset~ Cash Due from Water & Sewer Investment - State Baard Deloa$its (Electric) [Total Assets S3,680.82 S69,524.77 S 168,929.10 S200.~ $242.334.69 Uabilifie$ Due to Water & Sewer Fund Balance - FY 1996 Current Change in Fund Balance ITotal Liabilities & Fund Equity $90.00 S193,605.69 S48.639.00 $242.334.69 -I. Revenug~ Interest Income I~opertV Tax ~evenue Total Revenues T~x Collec. tor ~o~s~rs ~s L~al Eng~ Fees ~ding ~retort T~t~ ~o~e~en~ Fees Comouter ~e Fees ~J~o~e ~eoote Tr~el Per D,em Telephone ~ento~ & Le~es L~oI ~e~g O~er Current Charges O~e ~pDlies ~ce~ Dues. etc. ~e~nt ~cfl Preocrohcn Total Administrative Field Pe~ommel FICA Tax Pecan Heal~ I~urc~e Wo~ers 3~eet Ug~ng Ir~gc~n Water Rento~ & Le~s Repc~ & Maintencnce ~oc~ Mc~ntenc~e Dra,nage Maimte~cnce Lon~c~ & Ir~ahOn M~uitO Con~ol Total ~eld Total Expendl~res Net Income (Loss) Port of the Islands Community Improvement District General Fund Statement of Revenues and Expenses For The Period Ending July 31. 1997 General Fund Prorated Budget Actual Budget Thru 7/31/97 Thru 7/31/97 Variance $3.000 $3,0C0 $3.849.63 S849.63 S236.228 S 196, 8.57 $195,959,24 (S897.43) $239,228 $199,857 $ 199,808.87 ($47.80)J J $62,632 $55,351 $44,125.22 $11,225.61J S40. OOC S33,333 S34.098 6.5 (S 765.32) $3,~f,0 S2. ~5,50 S2.512.97 (S62.97) S2.~ S 1.8~ S 1,172~ S627~ S2.~ S2.C~ S I.¢27 ~ S 1~.~ S3.~ S3.C~ S3.~.~ S0.~ S l 7,02~ S 14.940 S 10.1~26 S4.771.74 S4.92~ ~4. t 07 S~.~.~ S 1.023.14 St .524 SI.270 Sl.269,70 SS.~ S4. ', ~7 S 88636 S3.280.31 SI.7~ Sl.4~7 S211 10 S1.~.57 S;0.~ S8.3~ S~.~ S7,798.73 SS.~ S4,167 S1.422.~ SZ7~ 67 S7Z~ S~.~ S37,2~.~ S22,713.~ s z,~ so.2~ so,3~s.~ (s~.~.~) [ ~i76,596 $147,473 $107,0~.65 $~,428.02 $239,228 $202,824 $151,169.87 $51,653.63 [-- $0 $48,639.00 -2- Port of the Islands Community Improvement District Debt Service Fund Balance Sheet For Period Ending July 31, 1997 Asset~ Cash Reserve Revenue Interest Redemption Investments Reserve Reve hue Interest Redemption Amount Available/Debt Service Amount ;o be Provided - Long Term Debt ITotal Assets Long Term Debt SO.CO $0.48 SO.CO SO.CO S69q. 328.66 S 162,629.00 SO.CO $27,347.00 S,501,677.00 S5,288,323.CO $889,305.14 $5,790,000.00 Liabilities * Bonds Payable Fund Equity: Fund Balance - FY 1996 Current Change in Fund Balance ITotal Liabilities & Fund Equity $1,020,905.34 (S 131,6C0.2C) $889.305.14 · Reflects ! 1/1 and 5/I Principal Payments of $2550,CC0 S5,790,0C0.CO $5,790,000.001 -3- Port of the Islands Community Improvement District Debt Service Fund Statement of Revenues & Expenditures For Period Ending July 31, 1997 Interest Income: Reserve Revenue Interest Redemption Special Assessments Prepayments [Total Revenues Expenditures: Principal Interest ITotal Expenditures INet Income (Loss) .4. S24,960.69 $6,567.81 S70.71 S312.13 S592.050.46 S37.138.00 $661,099.80 [ S250.0O0.0O $542,700.0O $792,700.00 ($131,600.20)1 u~ ~ I Jill IIII I II I I IIIII IIIIIII II II I IIIIII I II I I II IIIIII I Port of the Islands Community Improvement District Capitol Projects Fund Balance Sheet For The Period Ending July 31, 1997 Asset~ lTotal Assets Cash Consh'ucllon & Accluis~flon Investment Construction & Acqui~fion Property & Equipment S0.89 S56,313.O3 $56,313.89 General Fixed Assets S 1,634.373.00 $1,634,373.00I Uabililies Fund Equity Investment in General Fixed Assets Fund Balance - FY 1996 Current Change in Fund Balance [Total Uabilities & Fund Equity S62.837.81 (S6.523.92) S 1.634.373.00 $56,313.89 $1,634,373,00J -5- Port of the Islands Community Improvement District Capital Project Fund Statement of Revenue & Expenditures For The Period Ending July 31, 1997 Interest Income Construction & Acquisition jTotal Revenues S2,516.08 $2,516.08 J Improvements Other than Building JTotal Expenditures S9,040.00 $9,040.00 j iNet Income ($6,523.92)J Port of the Islands Community Improvement District Water & Sewer Fund Balance Sheet For The Period Ending July 31. 1997 Asset~ Cash Accounts Receivable Standby Accounts Receivable Due from General Fund Meters in Field Water & Sewer System Equipment Less: Accumulated Depreciation $90,720.75 S26,233.24 $(~0,737.91 S~.00 S10,960.72 S5,326oli 1.14 S3,500.00 (S468,667,48) JTotal Assets $5,079,686.28 J Liabilities: Pension Payable Due to General Customer Deposits S868.77 S69.§24.77 S8,123.42 Fund Equity Contributed Capital Contributed Capital- Meter Reser~/ed for Maintenance S4,4~8,974.74 S31,331.35 S5.0C0.C0 Fund Balance -FY lg96 Current Change in Fund Balance $43 ;.6C8.52 S64,254.71 JTotal Liabilities & Fund Equity $5,079,686.28 j -7- ReverlUe~} Water ~eve~ue ~rngc~n Wate~ Revenue t~te~ Fee St~by ~t~esf I~o~ Total Revenue~ Accenting ~ees ~nual A~ ~ecor~ing ~retc~ r~ ~ees Manc~emen~ C~puter ~ce~ U~IiN ~1~ Tr~el Per ~em TeteDn~ P~cge ~en~c~ & Lecses I~rance L~al O~er Curren~ Charges Office CCp~fol OU~Cy Total Administrative Plant Peffion~el FICA Tax Pens~n Hec~ I~urcnce Wo~ers Comoensc~on Con~cc~cl Tele~cne U~lifles Renrc~ & Lecses ~eoci~ & O~ro~ng ~o01ies ~e~es ~enewol Total Plant Total Expendl~res Net Income (Loss) Port of the Islands Community Improvement District Water & Sewer Fund Statement of Revenues and Exloenditures For the Period Ending July 31. 19~7 W&S Fund Prorated Budget Actual Budget Thru 7/31/97 Thru 7/31/97 Variance S55.CI~ $45.833 $58.603.05 $7.769 72 1.030 59.167 S7,980.04 (S 1.186.63) 5 IO. 000 58.3,13 S20.900 O0 512566,67 S75.003 S62,500 56,5,788.57 S3.288.57 144.C1~0 5120.000 $ 111.894.74 ($8.105.26) SO SO S3.P~6.03 1,000 S83.3 $4114.5 (5421 S29.3xk5 $24.4,54 ~0 03 (S24.4,.%4.1 $325,345 $271,121 $263,883.85 ($7,236.98)1 $66,947 $58,374 S49,041.45 $9,332.72J S.:O. DCC S ~3.32.,3 S~4.C<~8.~,55 S3.C~:~ S2.~ SZ~.31 (S~31) S2.~ S2.~ S'..~72.~ S827~ S2.~ S2,~3 S~.78 SI.27g 55 S3.~ S2.~7 S3.~.~ (5~ S~8.~ S31 .~7 ~23,~g7.31 S7.7~ S3.~ S2.~ SZ732.~ (S232.~) S5~.3~8 S4q, 4~ S~.377 C8 S9.~7 92 1.524 S 1.270 S 1.269.70 Si5.~ S~2.~ S13.1~.~ (S~.~) S~ S417 S820.~ (S~.~) STS.~ S~2.~ so ~ ~z~,~ S258.398 $215.33~ S 150.587.69 $64.7~.98 J J $325,345 $273,706 $199,629.14 $74,076.69~ l $0 $64,254.75 J Port of the Islands Community Improvement District Special Assessment Receipts Fiscal Year 1997 Date Description Amount Collection Interest Net RecelplsI 10/07196 12239 $5.55 SO.CO SO.CO $5.55 10111/96 I1949 SZlll.17 SO.CO SO.CO S2,111.17 10/18/96 12253 S426.4,5 SO.CO SO.CO 5426.45 11/~196 12329 S629.40 SO.CO SO.CO S629.40 11/22/96 12775 $3,5,078.67 50.CO SO.CO 535,078.67 01/16197 13944 S2C8.40 SO.CO SO.CO S208.40 04/16/97 14,569 S6,686.85 S0.00 SO.CO S6,686.8,5 04/16/97 14,5~X] S76.40 S0.00 S0.CO S76.40 'lCollectea- G/~: $4,5,222.89 SO.CO SO.O0 $~k5,222,89 1 12/12/96 WIRE 580,061.34 SO.[][] SO.CO 580,061.34 12/2O/96 WIRE $136, 368.59 SO.[][] SO.CO S 136,368.59 01/07/97 WIRE S5.968.82 S0.00 50.CO 55.968.82 01/27/97 WIRE S10,671.48 S0.0[] SO.CO $10.671.48 02/24/97 WIRE $4.143.90 SO.00 SO.CO 54.1 43.00 03/11/97 WIRE 526,041.52 SO.CO 50.00 S26.04 1.52 03/28/97 WIRE S7.408.80 SO.CO S0.00 S7.408.80 06/18/97 WIRE S483.724.0,5 SO.CO SO.CO 5483.724.05 ICollected - D,'S S754,388.50 SO.CO SO.CO S754.388.50 1 ITotal Collected $799,61 1.39 $0.00 $0.00 $799,61 1,39 Net Amount Assessments Assessments Due To/From Assessed Percentage Collected Transferred Debt Service O & M S236.228 24.51% S195.959.24 (S 195.¢5:) 24) SO.CO Debt Semite S 727.700 75.49% $6C3.6,52.15 ~6C3.652.15) SO.CO Total $963,928 100.00% $799,611.39 ($799,611.39) $0.00 I Transferred to General Fund [ Date Check # Amount · Collected -G/F S45.222.89 3/25/97 44352188 S35.481.15 6/25/07 44483z,52 S115.255.20 L TOTAL $195.959.24 J Gross Assessments: $1,020,219 -9. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z ~ 0 0 0 0 0 0 0 ~ O0 O0 O0 ~ Z 0 0 0 0 0 !6G '1 ' 0 0 0 ,0 0 0 0 O0 0 0 0 0 O0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 !6G "1 ' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OO 0 0 0 0 ~ ~0 0 O0 O0 O0 ~4~ ~ ~0 O0 O0 ~ ~ ~ oo ~ oo ~ C~ Z 0 0 0 O O0 0 0 0 Port of the Islands CID Irrigation Water Billing June 1997 [Account No. Service Addres~ Amount ] 0010020501 Newport Dr Median $12.05 001~I Eveningstar Cay West S139.37 001~I Newport Dr Median S36.39 0010020203 Airport S408.61 0010020301 Newport Dr Median East $34.80 0010020701 Eveningstar Cay $558.53 0010020401 Newport Dr Median Wes $42.06 JTotal $1,231.81J 16G '"1: MINIfrES OF ME~G PORT OF THE ISLANDS COi~YIUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, October 16, 1997 at 4:00 P.M. at 25000 Tamiami Trail East, Naples, Florida. Present and constituting a quorum were: Thomas L. Barnard Richard Burgeson Bernard E. Wolsky Also present were: John Petty Darrin Mossing Tim Stephens Bruce Anderson Dr. Ron Benson Winston Lue Sonja Durrwachter Chairman Supervisor Supervisor District Staff District Staff District Staff Attorney Hole, Montes & Associates Port of the Islands Resort & Marina Florida Department of Agriculture and Consumer Services FIRSW ORDER OF BUSINESS Roll Call Mr. Barnard called the meeting to order at 4:00 P.M. and stated that the record will reflect that Supervisors Strong an Gatti are absent. SECOND ORDER OF BUSEWF_~qS Approval of the Minutes of the August 21, 1997 Meeting Mr. Bernard stated that I did not receive my copy of the .Minutes which were sent via Federal Express, in time for this meeting. Therefore the approval of the Minutes of the August 21, 1997 meeting will be postponed until the next meeting. Mr. Bernard stated before we continue, I would like to announce, with regret, the death of Mr. Wong the owner of the hotel. We send our condolences to the family and wish them well in this sad time. I[' you didn't get to know him, he was the definition of a gentleman, a very fine man. We will miss him. THIRD ORDER OF BUSINESS S~ffReports A. Attorney There not being any the next item followed. October 16, 1997 Dr. Benson stated I have done some work on the assignment I was given at the last meeting and I have been requested to wait until the next meeti:ng. Between now and then I will submit a report to Mr. Petty. That can be put on the next agenda. Mr. Barnard stated if you remember Dr. Benson was to do a report on a different way of evaluating ERC's or a similar way, but simply not in fixed increments, but based more on the number of bathrooms or kitchens, and he is working on that. Mr. Gatti has requested that we delay discussion of that tmtii he returns. He, being our ERC guru on staff. We have agreed without Motion to delay that. C. Manager Mr. Bernard stated we need to talk about the death of one of our trees. One of our Canary Island Date Palms which first we thought was struck by lightning, now appears was struck by disease. It has to be removed. We have a few options. Mr. Petty stated the Palm tree was stressed due to a mag~nesium deficiency and Boring Beetles came in and took care of it quickly. It is covered under our contract with the landscaper. He is responsible for keeping up the proper nutrient level and looking for these pests. He has gone to the sight and sprayed the remainder of the Canary Date Palms and is giving them additional supplemental f,~od, so we don't think the rest of our trees are at risk now. We have looked at possible replacement. In the meantime, that tree is an eyesore and we talked to our landscaper this afternoon and he has a~eed to take it down within the next two days. All that will remain is a small stump. We will pull the root ball out, when we have a replacement. There is a tree of like nature on the north side of the road that is becoming a problem with our electric streetlight. We have a nice Canary Island Date Palm underneath the streetlight and it is starting to hit the wire. We will have to move that tree eventually. Since we have a need for a like tree at the south, we would like the Board to consider moving the tree to the south to replace the dead tree and hold the landscape contractor responsible for improvements on the north side of the road equal to the cost of the tree. I think that way we both win. The north side needs more improvements and the south side needs the impact of the Canary Island Date Palms that we have there and I think it is a nice trade off. That is our recommendation to the Board. We sought outside help with Collier County Extension Office to come and do a separate analysis to confirm our findings. 2 IOn MOTION by Mr. Wolsky seconded by Mr. Burgeson with all in favor staff recommendation was approved. Mr. Barnard stated along that same line I would like to reiterate that we need to do some maintenance along the walls and the signage at the entrance to the south side. Part of the sign has fallen down, and the walls have mildewed. I don't know if they need to be pressure cleaned or painted. Mr. Petty stated I stopped to look at that and talked with Mr. Stephens and they are due. Mr. Barnard stated we need to schedule that as a part of our normal maintenance and not let them get in that kind of condition. Those two entrances are nice now and we would like to keep them that way. The other thing is I don't know if it is the landscapers who are responsible or I am, or who, but every time I go by the lights that are on at night, are turned around facing toward the highway or pointed to the ground. We need to find some way to make a more permanent installation of shat floodlight, so that it points towards the entrance, towards the wall. It is supposed to light it up at night and it sometimes spins around in circles. Mr. Petty stated I think the staff can take care of that. Mr. Petty stated we want to talk to you about the water audit that we do on a regular basis. We had some concerns about some readings. We went out and checked on some lines. Mr. Stephens found a water line that was un-metered. It was in use near the docks at the .Marina. It is an ,)Id PVC line that we missed five or six years ago when we did the main one. Mr. Stephens put a meter on that line now and has looked at the plant flows, backwash cycles, site irrigation, etc.. things that should be deducted from the numbers. We think over the next month. when we get our next audit we will see a much tighter mar~n between what is billed and what is made. We think we have some positives coming back to you on that. Mr. Barnard stated I am sure you have taken into consideration remembering that the Morning Star and Newport Cay irrigation should also be calculated in that because that is also potable water. In the case of the single family homes the irrigation meters are added in with the potable meters. A resident asked does the main that was broken on Morning Star Cay, I know they turned off the water to the whole area, I heard it should have been 3 ~ I II m I II III IIII ~ I IIIIII II ...... I October 16, 1997 ' turned off for each street, is that going to be fixed. Does that have anything to do with the CID? ~ Mr. Barnard stated it has a lot to do with it, did it get fixed Mr. Stephens? Mr. Stephens responded yes. A resident stated in other words if you have another break you are not going to turn off the hotel and the rest of the area? Mr. Stephens responded ! may if I have too. Mr. Barnard stated it depends on where it is and where it has to be fixed. A resident stated I heard, but I don't know how true it is, that they have to turn off a valve that should have shut off only that .street and it wasn't working, but I don't know any of the history. Mr. Barnard stated I don't know where you heard your information. Mr. Stephens stated there is a turn off valve for each street. Many times they will not hold. We have to have the water totally off to make the repairs. We were in that situation. We were at the veo' lowest part of the street and we could not get the water to turn all the way off. A resident asked then its not going to be improved? Mr. Stephens stated there is always room for improvement. Mr. Barnard stated it depends on whether it is cost effective to replace all those valves and two years later have them in the same situation, opposed to a couple of hours of inconvenience. A resident responded it was more than a couple (~f hours, it was from 1:00 to 9:00 p.m. Mr. Petty stated the policy is that you shut down the smallest section possible. When you have the work crews there, you have to make that decision. If you have a small amount o[' water bleeding through and that is inhibiting a repair, you have to make that call. Do you go backward now and shut off another line, because you have the crew sitting there or you may have the parts there and are ready to go. whatever the situation you have to make that call. You may be trying to save a road~vay or damage to some other facility, but, you try' to make that the smallest possible area, you are right. One of the things we can do to address that, in some places we are dealing with some very old valves, in other places we are not, we are just dealing ~ith a little bit of calcium built up on the valve. They require exercise on a regular basis. Mr. Stephens is familiar with that schedule and perhaps this break may bring this to his attention and if he needs to, [ am sure he will increase his maintenance to exercise those valves. If he has done the October 16, 1997 best he can, which I am sure he has, we just have to live with that decision and trust in him to make the right call. Mr. Berger stated on this same issue, the residents would like to thank Mr. Stephens and Dan regarding this break on Morning Star. They were there at 1 o'clock in the morning, busting there butt, they did not give up. That water kept coming and the sides kept falling in and they kept working and we are proud of you, that you didn't give up. Mr. Barnard stated thank you, we appreciate your comments. A resident stated I did not mean to imply that you didn't do your job. Mr. Stephens stated I understand, you were without water. Mr. Stephens responded it wasn't how difficult the break was it was that in repairing it there was so much water there, it kept collapsing on us. And where it tied into the main was deep. Mr. Wolsky stated I would like to mention that over the past several months we had several meetings of the neighborhood watch prog'ram. The police have been very cooperative, very interested and enthusiastic because we have many people who are interested in becoming involved in neighborhood watch. One of the things involved in order for the program to be successful, is we should have signs indicating that there is a neighborhood watch program, as a deterrent. Mr. Berger has been checking into where to put them, how many are needed, etc. I wonder if the (;ID can do anything in the way of supporting those signs, helping pay for them, or whatever. Mr. Ban~ard asked what is involved? Mr. Berger stated we are talking about S300 for three signs, double sided. Mr. Petty stated we have some experience in that regard. We can get those signs from the state contract at a very reasonable cost. I would say for our sign standards, we take these signs and mount them onto a wooden frame. Mr. Barnard responded the typical neighborhood watch sign is a metal sign. Mr. Petty stated there is an 18 x 24 and a 24 x 30, we have to choose. It xvill go from $30 per sign to $75 depending on the needs of the community. If you want Spanish/English, or double signed, double reflective. The mrLximum size sign of 24 x 30 is .$75. We can get by with $40. All the street signs are the District's responsibility and most of these sign, to be useful, would have to go into the District's right-of-way. To make them economical, typically they would be attached to existing signage. When you drive through most subdivisions you see 5 October 16, 1997 these signs, but since they were put at a lower level, they are usually bent, from kids or bicycles or what have you. That is wily in a h)t of communities, espedally where they are trying to do this to enhance the community, they will put it into a nice wood mount. It is a very simple arrangement and not very costly, but it adds a lot of character to the signage. It makes it better than just a piece of aluminum sitting on the side of a post. Those would be the considerations. Mr. Barnard asked is that within tile parameters of what we are allowed to do? Mr. Anderson responded I would interpret the statute that way. That is part of your security. Mr. Petty stated I would like a Motion if there is a specific sign or a program that Mr. Berger would like to present that you would like to adopt. But if you would just like direction from staff to come back with some signs to show you and the cost and then work with Mr. Berger on the placements that he has talked about, we can do that at the next meeting without a Motion. Mr. Barnard asked is three enough? Mr. Berger stated double sided at the Island at each entrance, you can see it coming and going. There is a spot at the three entrances. We can take another look. Mr. Barnard stated it just didn't sound like a lot of signage but maybe that is enough. Mr. Berger stated you normally just put them at the entrances. Mr. Wolsky stated Mr. Petty has experience doing this in other neighborhoods why doesn't he make a suggestion to us after looking into it. Mr. Petty stated I will go out and use the 18 x 24 for the single family sub- divisions and just two lane roads are more appropriate. I will send one out, Mr. Stevens can mount it and we will have a chance to look at it. We will do it on the east side. Mr. Berger stated why don't we do it on Newport Drive that is where everybody is, that way ifyou come in you will see it. Mr. Petty stated you want to stay away from a double sided sig~ because you are going to mount it on a pole and the post itself would block part of it. So we are talking about two signs, sandwiching the pole. Mr. Bamard stated I thought you were taking about a wooden frame. Mr. Petty stated we are. Mr. Berger stated the sign itself is in a wooden frame attached to a post. 6 October 16, 1997 Mr. Barnard stated I was thinking of something like the signs we have out there that are wooden signs that have a wooden stake going down into the ground. Mr. Berger responded no he stated an aluminum sign mounted in the wood. Mr. Barnard stated I understand. That is what [ am saying, mount it on either side of the wood? Mr. Petty stated that would be a very attractive sign. I was talking about buying the aluminum sign, put it up on the aluminum post and you could see how that looks, and if you wanted an upgrade we can do that. I personally like the wood encased signs. Mr. Berger asked would the Board be inclined to have English/Spanish? On your example, where it says sponsored by Barnett Bank, that belongs to another community. We can put Spanish if you wish. We could put that on hold for the next meeting. Mr. Petty stated I think it is a personal opinion. I have my own personal opinion about doing government signage in two languages. Mr. Barnard stated remembering that the purpose of the government signage in this case is to deter crime. Whether or not we believe that government documents should be printed in two languages really may not make much difference. If you think printing it in Spanish might help deter crime, why not. Mr. Stephens stated maybe we should discuss this now since I will be doing a sample. Mr. Petty stated if we are going to put two notices there in two different languages it will increase the size. Those signs are available. I could get a sample before the next Board meeting o£ the straight aluminum sign, maybe even get one wooden encased, if you would like to see one at the next meeting. Mr. Barnard stated I think English will suffice. Mr. Berger stated I would also like to thank the CID for our streetlights on Newport Cay and also on Sunrise, thank you very much. Ms. Marchand stated another thing that you accomplished that I asked for was the extension of the sod going up the north entry and I thank you very much. I did check with Mr. Stephens about a very ugly white pole sticking up in the middle between the signs. Mr. Steph(:ns stated we are going to take care of that. Ms. Marchand stated going up the entry to the north hotel there are the smaller signs, the ones that had the bird on the top and would tell you to continue October 16, 1997 16G"1.. ' on for the RV Park and Gun Club. One of them the bird is falling off and the other one the sign is falling off. The post is there. Do I fix it or do you fix it? I have hired a full time manager at the Gun Club, we are really beefing up the business and I need to be able to have proper signage to tell people how to get there. Mr. Petty stated we are going to a sign maker and asking for a sample for where you would put an aluminum sign, subject to the Board's consideration, I could ask him to do a sample for other signage of similar nature. Mr. Barnard stated directional and informational signs are the business of the District, but advertising and promotional signs are not. You have to tell me what it is. Ms. Marchand stated it is directional. It just has an arrow and RV Park/Gun Club. Mr. Petty stated the ones I was thinking of are directional in nature and if we are going to come up with this frame for Port of the Islands maybe we can come up with a standard that everybody likes and then sig'nage can go in. Now we have hand painted signs. Maybe this is a way to have the District do the lettering and if it is anything above normal we can ask that person to take care of the wood. Mr. Barnard stated come back with some numbers. Ms. Marchand stated in the Park we have gone to the aluminum two sided signs and in some cases reflective. They hold up beautifully and they look very nice. Mr. Petty stated in some of the upscale communities we insert those into a wood frame and it looks like it was done by hand. Mr. Barnard stated I note that we have a guest with us today from National Forestry and she has a proposal. It is not on the Agenda, but why don't we listen to her. Ms. Durrwachter stated I will pass out these copies. On page 3, we thought we could come up with a sign to hang below the entrance sign and water management has a sign shop that would come up with something that would be the same color as the community uses. How does that look to you? Mr. Ban~ard stated from my opinion I think it is fine. And the second Ms. Durmvachter stated that would be right on the side of the building. Mr. Barnard stated the building is owned by the hotel and you need a sign permit from Collier County. Ms. Durrwachter stated I don't know if we need a permit to han[a si~ on the building. 8 October 16, 1997 Mr. Bar'nard stated I don't know either. But I think you need a sign permit for any sign in Collier County. Any questions or comments on this? Mr. Wolsky asked when is the Grand Opening. Ms. Durrwachter responded we were hoping for December 5th but with the death of the owner, I am not sure. We will start with exhibits in about three (3) weeks. Mr. Barnard asked is any action required? Mr. Petty stated there would be an agreement drawn up between the District and the Dept. of Commerce and Agriculture. Ms. Durrwachter stated there is a memorandum to water management and Fish and Wildlife Service, because they are going to have people stationed in the building. There v'ill be a Park Ranger there and water management will have a person there. Mr. Petty stated if you approve of the sign, authorize our attorney to work with their group on coming up with an agreement, which would say the District would have the right to have that sign removed for the purposes of maintenance or operation as it see fit. Mr. Barnard stated that will be all right as long as it does not run into a lot o£ legal fees. Ms. Durrwachter stated as far as the sign that ~-ill go under the main sign, do we need to wait for the agreement? Mr. Anderson stated my suggestion would be that since they are the ones asking for this, they provide something for me to review. Mr. Barnard stated that is exactly what I think. I agree. Ms. Durrwachter stated do you have a draft that I could work off of as iht as what kind of wording you will need. Mr. Petty responded no. Ms. Durrwachter stated we might have some problems with the parking. The Chairman of the group is ,Jim Perkowsky with the Fish and Wildlife Scm'ices. He is very concerned about the parking places, there would be six (6) parking places there. I spoke to the County about the type of handicap requirements. They suggested we put in handicap parking. We have to do one per 25. Mr. Barnard stated as far the handicap spaces go, it is simply a matter of re-painting some parking lines and I assume your people would be doing that? Ms. Durrwachter responded yes and we would provide the sign. 9 1 October 16, 1997 Mr. Barnard stated that would also reduce the amount of parking from 6 spaces to 4 spaces. Ms. Durrwachter stated yes that was a concern because on the south side they are requesting to install 2 handicap parking places Mr. Barnard stated I am not sure what is on the other side of the island. Mr. Petty stated a roadway. That is where thc turn is. Mr. Barnard stated I don't think that will work because as we develop the commercial site on the right as you go in the entrance, the entrance can be from 41, it is already in, but the people coming from the east will have to enter the main entrance and that is how that will enter into that convenience store and gas station and that will be the only exit from it. Those have to align with the two roadways coming out of the hotel. ,Just thinking about, without standing there and trying to measure off a 12 foot parking place, [ don't think there is any room to do that. Those spaces would be right in the middle of that cross traffic. At that time there will be cross traffic there. Ms. Durrwachter stated Mr. Perkowsky is going to try to work with the convenience store to see if we can do some kind of a shared parking. Mr. Anderson stated I have been giving more thought to this item about allowing them to put signs up and why don't you just d,) a Motion that authorizes them to hang their sign up there and the District would have the right to withdraw that at any time. Mr. Barnard stated yes, I don't think we need a legal agTeement, it is not that big of a deal. [On MOTION by Mr. Wolsky seconded by Mr. Burgeson [with all in favor the signage as to parking spaces was [approved. FOURTH ORDEROF BUSLNE~ Supervisor's Requests and Audience Comments Mr. Barnard asked for any supe~'isor requests or audience comments? Ms. Marchand stated has anyone seen "Mr. Bear" recently. I guess he is still around. I am getting ready for the season and I finally have an a~-q'eement from SVaste Management to provide dumpsters with blocks. They are brining one in for me. it is what they term to be a "bear-proof' dumpster. I am prepared to pay the extra money to have that type of dumpster in the park. Last year I had two, and a twice a week pick up. There is the one down at the CID. 10 Mr. Barnard stated CID does not have a dumpster. There is a neighborhood dumpster for the people who live back on the canal and they pay for that. We have nothing to do with it. Ir'you are talking about the one the hotel has, you need to talk to the hotel, because we have nothing to do with that either. I am not aware of any dumpsters that we have that are open to the bear. Ms. Marchand stated I just thought I would mention it and let it be known there is a possibility that this would be the case. Mr. Barnard stated is there anything else? Ms. Marchand stated "mosquito's". Are we spraying? Mr. Stephens stated at this point we have not been spraying. A resident stated we have been walking at night and early in the morning and have not encountered any problem. They are around, but not in abundance. ORDER OF BUS'3NESS Approval of Invoices liOn MOTION by Mr. Burgeson seconded by Mr. Wolsky~ [with all in favor all invoices are approved. Mr. Lue stated on behalf of the family of hotel owners, I thank you for your kind words. sIXrH ORDER OF BUSLNE~ Adjournment The meeting was adjourned at 4:30 P.M. Chairman 11 Thursday October 16, 1997 4:00 P.M. AGENDA PORT OF THE ISLANDS COM~iUNITY IMPRO~~ DISTRICT 25000 T~miami Trail East Naples, Florida Roll Call Approval of the Minutes of the August 21, 1997 Meeting Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Approval of Invoices Adjournment NapLes Oaily News NapLes, FL 33940 Affidavit of Publication NapLes Daily News 1 PORT OF THE ZSLANDS 10300 N~ 11TH MANOR CORAL SPRZNGS FL 33071 REFERENCE: 01C~48 57574298 Notice of Meeting Po State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a aa~ly newspaper pubLished at Naples, in CoLLier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newsOaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail amtter at the pos: office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, :ommlssion or refund for purpose of securing this advertisement for publication in the said newspaper. PUBLISHED CII: 10/09 0120 IIOTIC OF Notice of/We~tng Port of Communl1~f Imgxoovemeftt Ol~ld ~ ~d ~ ~l- land Community r~e~ 01~1~ ~11 h~d ~ 4~ P~, ~, ~ 16, ~ T~I TroH E~, N~l~ F~ ~961, L~ ~ ~n~ D~ ve~ OlsVl~ ~ve I~ ~e will e~ ~n con me m~ ~ ~e ~e ~m~ ~ ~e dl~s~s ~ ~ bY ~l~e com- munl~ Any ~ re~lrlng ~1ol Decorations ~ls m~ng dl~ll~ ~ p~vsIc~ (9~) 7~3~ ~ I~t five ~vls~ ~ ~n will ne~ ~ em~e m~ a v~. ~m raced of cardings Is made, incluGtn~ ~e testimony o~ evlO~ce ~on w~ic~ Suc~ ~Deol G~v ~ Mov~ SPACE: 61.0C0 [:iCa F [LE:~ Ct4: 10/09/97 Signature of Affiant /' ~" \ NEIGHBORHOOD WATCH Florida Department of Agriculture & Consumer Services BOB CRAWFORD, C0mmi~sioncr Thc Capitol · Tallahassee, FI, 32399-0800 Picayune Strand State Forest Fl. Division of Forestry 710 Randall Blvd. Naples, FL 34120 October 13, 1997 John Pmty 10300 NW 1 lth Manor Coral Springs, FL 33071 D~ar Mr. Petty · The SW Florida Environmental Information Center has draf'tcd a new proposal for signage. The most important to the CID is shown in Figure One. A detachable sign could be constructed by the Water Managemeat's sign shop. This would be suspended from the main entrance sign from eye bolts. It could be modified or r~n'noved without afl.ccting the existing sign. The color would be matched to the "signature colors" used throughout the community. Attached to thc building itself would be the logo adopted by the collaborators. This is shown in Figure 2. We had understood that anything on the building would be approved by the hotel, and would not affect the CID. We have not yet selec:ed thc colors, but they will be compatible to the building. We are also requesting brown informational signs to be posted on Highway 41 by DOT. Amy Taylor from ColLier County Plarming Department is coordinating this effort. In addition to signs, we would like to make a handicapped parking place just to the south of the building. The cost would bc picked up by the collaborators. However, this will reduce the number of parking places to tour. Would it be possible to designate two more places on the sooth side of the island, without affecting public safety.'? Another possibility would be moving the handicapped space under the overhang to the west. While th. is would not be very attractive, and would block the view from the wes~ side of the building, we would be willing to consider that as an alternative. A rough sketch is shown in Figure 3. Flo rids Agriculture and Forest Products $53 Billion for Florida's Economy 1 All of the agencies involved with creating this visitor center are devoting a 8r~at deal of time and effort to meet our opening date of December 5th. We hope Port of the Islands will be active in promoting ecotourism, which we feel strongly is the best long range focus for all of us. We welcome your ideas, and hope you will feel the visitor's center will be a good partner and neighbor. If you have any questions on this proposal, please call me at 941-352-4212. Additional contacts will be Eric Kiet'er at Collier Seminole State Park (941-394-3397) or our chairman Krakow~ki, who can be reached at 941-353.g442. Sincerely, B0B CRAWFORD, COM2vII SSIONER Sonja Durrw~chter Senior Forester Jim Krakowski Eric Kiefer ~, ENVIRONMENTAL ~ ~L.N FO R h4ATION CENTE~ Figure 2 Logo to Be Attached to Building East and West Sides (Color not yet determined, to bo coordinated with Hotel) FigUre 3 Additional Parking - SW Florida Environmental Information Center IIIillilllllllllllllllllllllllllll Proposed Additional Spaccs ~~_ '"' "~-'"Proposed Hnndicapped Parking Revenue~ Interest Prooer~ TC~r i~e ~enue Tolal Revenues T~ Co~tor Er~ ~ccoun~ A~e ~e~re ~ento~ & L~ P~n~ & B~t~ O~er Cu~ec, t ~e~. Dues, etc Co.roi TotoI Adminis~of~e Fie)c Pe~nne* FICA T~ Person H~ In~ra~e S~reet Ir~ct~n Water Penta~ & L~es ~e~ & Ma~nten<:~ce O~rat~ ~ Monte~e O~o~nC~ Mo~t~3rce LO~O~ & t~c'~ Mo~o Conrr~ Total Field Tolal Expendi~res Excess Revenues Fund Balance 10/96 Fund Balance ~/97 Port of the Islands Community Improvement District General Fund Statement of Revenues and Expenses For The Period Ending August 3 I, 1 General Fund Prorated Budget Actual Budget Thru 8/31/97 Thru 8/31/97 Vadance S3,(X~ $3.000 S4.61129 Sl.611.29 S236,228 $216.542 S195.~q3 94 (520.548.39) J $239,228 $219,542 $200,60,5.23 ($18,937.10)J S5,300 S5.300 S229 57 S5.070.43 $6,0CO S5,500 $3.700.00 S 1.800.CO S 12.000 $11,COO S3.t~3.11 $7,396.89 $6,000 $5.500 S9.55,3.70 ($4.0,53.70) S3.647 $3,343 S3.343 12 (S0 04) 54. 700 S4.700 $4.70Q0O SO.00 S2,315 S2,122 $Z122.12 ($004) S80(] S800 S1.371 35 ($571 35] $7,875 S7.219 S7.21e 75 $000 S750 3688 $49 33 $638 17 $625 S625 $6~5 CO SOCX) SSO0 S458 SO.OO S458.33 S~00 $92 527 22 564.4,5 S1.SC~ Sl.375 51.C,82 q: S292.0~ S3.84~ ~,3. ~,~, S4.135 ,~ ($290 S ,5CX3 5458 $397 95 $60.38 $5CO S458 5527 5~ ($6q 21) $~ Sz,6 S~1 ~ (S65.77) S250 $22g $2C0 5q $28.58 $17,5 $~75 $:7§00 SO.O0 $3,5CO $3.500 $3.500 O0 SO.CO S500 S458 SO,O0 S458.33 $62.632 $58.991 $48,062.86 $10,928.56 $239,228 $221,126 $188,831.76 $32,293.99 J $11,773.47 j $193,605.69 1 j $205,379.16 J .2- 16G 1'. Port of the Islands Community Improvement District Water & Sewer Fund Statement of ~evenues and ExDenaitures For the Penod Ending August 31. 1997 ~r~c~c,~,/later r~evenue Tolal Revenues Expendi~re~ ~ffage O~,er Cu~ent Cncrg~ Total AdmlntsEa~e Plant ~iCA Workers C~OC ~al ~r/~ces Pecalrs & Ma O~raflng ~es Renewal & Total Plant Total Expendi~tes Nel Income (Loss) Retained Earnings 10/96 Retained Earnings 08/97 W&S Fund Prorated Budget Actual Budget Thru 8131/97 Thru 8/31/97 Variance $55.0(X3 $50.417 ~59,57g 5(} S9.162.83 $! 1.C~0 $10.083 $8.90005 ($1.18328) $ ID.(X~O S0.167 $22,9(~) O0 $13.733.33 $75,000 $~8. 750 S73.016.25 $4,266.25 S 144,000 S 132. C(X3 $124.139 31 ~0 $0 53.306.00 S3.306.~ $1.000 S~1 ? $465 ~9 $2~.345 $26,900 ~,0 O0 ($26.899 58) $325,345 $298,233 $292.306.80 ($5.926.12)~ ~,~.or~,, ~5,,50C S~. ?~ 00 $ ~15 GC~ S~3 75C ~3 5C,3 T3 S10.1~.87 S4 7~ $4.7~ ~4. 7~ ~ $0.~ ~23;5 52.;22 ~2.~ ~.~ ~ S8~ ~L37~ 35 (~57~ 35) 36~5 ~625 ~¢25~ SO.~ S"~ ~2 ~27 23 S~ 44 ~c ~ S; ~5 S9 972 ~ (S~7 ~ S~ S~ SO ~ S~ 33 $66,947 $62,661 $53.202.74 $9,457.84 J :4C.:f~ S!6.'~37 $37 l§l 29 (S494 61) S3 ~.C SZ~C~ S2.~ 52 (S3t 52) ~2~ ~2.~ SI :g5 73 SI,~ 27 ~2. f~ ~2.~2 S~2~ St.~.81 ~]~ S2.~1 S2.~ ~ SI~ 33 S38 f~ S34.833 S~.~76 ~ S4.757 27 S3~ ~2 7~ S3.~,Sg (S2~ 89) S5'? 3~ ~.~ 41 ~ S44. 7~ 75 Sg.~ S I 52,1 S 1.397 $1.3G~.b7 S0,33 S ~ 5. ~ S 13. ~ S ~ 4. 332 ~ (S~2.~) S 15.~ S~ 3.7~ S28.~.27 (S 14,~327) ~ S~8 S820~ (S36~ SZS.~ ~ 7~ SO.~ ~,7~ $2~,398 , $236,865 $167.318.06 $69,~,77 J $325,~5 $299,525 $2~.520.80 $79.~.62 J sa $21.786.0o I $431.608.52 J $503.394.52 J .3 ........ ,, , ,a a ttat I I I III I III III IIII III I II I II I I II II Port of the Islands Community Improvement District Debt Service Fund Statement of Revenues & Expenditures For Period Ending August 31, 1997 Revenues: Interest Income: Reserve Revenue Interest Redemption Special Assessments Prepayments ~Total Revenues S27,850.07 S7,238.71 S70.71 S366.68 $592,050.46 S37,138.00 $664,714.63 II Expenditures: Principal Interest iITotal Expenditures $250,000.00 S542,700.00 $792,700.00 II [Excess Revenues ($127,985.37)I I Fund Balance 10/96 $1,020,905.34 J I Fund Balance 08/97 $892,919.97 -4- Port of the Islands Community Improvement District Capital Project Fund Statement of Revenue & Expenditures For The Period Ending August 31, 1997 Revenues Interest Income Construction & Acquisition iI*ota~ Revenue=" S2,748.48 ... $2.7~.,~ II ExDendifures Improvements Other than Building So, O40.O0 iITota~ Expendi'lUies, , , $9,~.0o II I Excess Revenues ($6,291.52)I I Fund Balance 10/96 $62,837.81I IFund Balance 08/97 $56,546.29 J 1 -5- Port of the Islands CID LCEC Billing August 1997 IAccount No. Service Addres~ Amount 9201140198 Tamiami Trail S342.19 9210290573 Newport Drive S282.95 93010705C0 Eveningstar Cay $366.75 ISubtotal - G/F S991.89 9201140203 Water Plant S2,265.49 9201140205 Sewer Plant S53.51 9201140'207 Sewer Plant S 155.84 9304010628 41 & Cay Liftstation S$8.70 9307280335 Water Plant $2,323.62 9308200540 Cay Drive - Liftstation S6.29 9310060409 Newport Drive $8.87 9310060411 Eveningstar Cay S9.43 9408160294 Well Fiela S 116.98 96072200<)8 Port of the Islanas $28.09 JSubtotal - W/S $5.027.72 JTolal $6,019.61 j ~8~88~ gf18888n'qS~8 ~8 :llll::l Illlllll:l: I ; ' I I : I : ! !I I I I I I I ii 8 1.8 0 o 0 o · 0 0 o 0 0 0 0 o o 0 0 o ~ ~ ~ o o o § § ° o o o 0 0 0 0 - 0 0 0 0 0 0 0 0 0 i iI i IlllllllI I Il I fill[[ I Illll Ill IJlll I I I I I il 166"1 ' Z 0 0 0 0 0 ~0 0 0 0 0 ~ o o o o o o o o ~ 0 .o ~ g -. t I ' I I ~ t I I t I t I I I t I t t t t o 0 0 0 0 o 0 0 ~ § g § § § § o g § g § g § o o o o~ : ' : 3 ' 3 : ' ' '33 ..... 0 0 0 0 ~o<o~o~o~ - ~ ~ ~ ~ 6 6 6 6 o o o o 0 g Z z Toooo~o 6 0 o Z C') (: Z o ;lc · 0 Z < 00 0 0 0 0 0 0 0 O' 0 a, 0 I'~ O0 0 0 0 0 0 (,J (..J CU ~ f, CO 0 0" 0 ,.~ ~, ~ rrl ~ m C 0 Z %:1 ~ ~' 0 o ~ Z Oo 0 0 0 0 Co 0 0 0 66 ''~ ....... =.,, III I III I IIIIIIIIIIIII I II III I IIIIIIIIIIIIIIIIII .... 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