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Backup Documents 12/16/1997 RDecember 16, 1997 COLLIER C(TJNTY BOARD OF COUNTY CO~9~ISSIONERS A~ENDA December 16, 1997 9:00 A.M. ALL PERSONS WISH~ TO SPEAK ON ANX AGENDA ITEM MUST REGISTER PRIOR TO SPEAKINg. AND WIL~ ~ ~ ~ 'PUBLIC PETITIONS". ALL P. EGI~ PUBLIC ~ W]/J~ ~ LIMITED TO FIVE (5) ~ UNLESS ~SSION FOR ADDITI(~KL TIME IS GRANTED BX THE CHAIKMAN. A$SISTRI) LIST~qI~ K]~¥I~ FOR TH~ HEAR][~G IMPAIRED ARE AVAILABLE IN TH~ CK]~]~TT CK~ISSI~' OFFICE. I~31~CH RECESS S(2~C~OL~D FO~ 12:00 NO0~ TO 1:00 P.M. 1. INVOCATION - m~bbi J~ R. P~zm~m, Temple Shal~ 2. PLEDGE OF ~IANC~ 3. APP~O~,'AL OF ~ ~ ~ J~{~I{I{I]N% APPROVAL OF MI]~J'FF~ /~;~rd~d aa pre~ented - 5/0 A. November 18, 1997 - Regular meeting B. November 25, 1997 - Regular meeting 5. PROCLAMATIONS AND SERVICE AMARDS A. PROCLAMATIONS 1) Proclamation proclaiming December as Drunk and Drugged Driving Prevention month and that December 19, 1997 be designated as Lights on for Life Day. To be accepted by Regina Wagstaff, Pa~e I December 16, 1997 Prevention Specialist from David Lawrence Center. Adopted 5/0 B. SERVICE AMARDS 6. APPROVAL OF CLERK'S REPORT A. A1/ALYSIS OF CHANGES TO RFA'ERVES FOR~I~. PUBLIC PETITI(~S A. CO~ITY DEVELO~ & SERVICES Presentation of the 1997 Annual update and Inventory Report on public facilities (AUIR) as provided for in Section 3.15.7 of the Collier County Land Development Code. Approved as presented 5/0 Discussion of the City of Marco Island Interlocal Agreement. Staff reco~me~tion approved for the ten projects as discussed. 5/0 B. P~LIC I~ORKS 1) Requesting approval of the concept of a Livingston Road Corridor Joint Participation Agreement. Staff to work with Long Bay Partners to address concerns ~ich have been rained and co~ back to the Board with a new aGrc~nt. 4/1 (C~issioner Constantine ol~osed). 2) Approval of a proposed plan to remove non-specification material from portions of the Naples Beach. Approved w/changes 5/0 Approve Work Order to replace three public water supply wells. Approved 5 / 0 Added: 4) Terminate contract with Sovereign Construction Group, Inc. for Bid ,96-2588, Riviera Colony Phase II Utility Improvements. Staff rec.¢=~mendation air, trowed 5/0 C. FUBLIC SERVI~ D. SUPPORT SERVICF~ Page 2 D~cumber 16, 1997 Consider funding Marco Island Civic Association $250,000 for Marco Celebration 2000 Tourist Development Funds, special events category. Deleted - 4/0 (Co~missioner Constantine out) 2) Approval of Contract for Financial Advisory Services. Approved 510 AIRPORT AU77{ORITY CfN3NTY ATTORNEY'S REPORT A. Recommendation for the Board to consider an approve a proposed settlement of the lawsuit styled Eagle Creek Properties, Inc. v. Collier County, Case No. 93-0518-CA-01-TB and to authorize the Board Chairman to execute the necessary settlement documents. AI;~proved 5/0 B. Request by the Housing Finance Authority for approval of resolutions authorizing the Authority to issue multi-family housing revenue bonds to finance qualifying apartment projects. Res. 466 through Res. 471 - Adopted 5/0 10. BOARD OF ~ COMMISSIONERS Ao C o Appointment of members to the Parks and Recreation Advisory Board. Res. 97-472 appointing John Grice and Timothy Blackford - Adopted 5/0 Appointment of members to the Development Services Advisory Committee. Res. 97-473 appointing R. Bruce Anderson, Charles Morgan Abbott, Herbert Savage, David Cox-rea and Darlene Koontz - ~ted 5/0 Appointment of member to the Hispanic Affairs Advisory Board. Res. 97-474 appointing Kate Warner - Adopted 5/0 Zo Appointment of members to the Isle of Capri Fire Control District Advisory Committee. Res. 97-475 appointing ~,arles Colvin and Chris Xigogianis - Ac]opted 5/0 Request for street closure for Third Annual Cub Scout Soap Box Derby. (Commissioner Hancock) Approval of Blueblll Avenue to be closed from Vanderbilt Drive to Gulfshore Drive between the hours of 9:30 A.M. and 5:00 P.M. Pa~e ] December 16, 1997 F o on January 17, 1998 - S/0 Appointment of member to the Health Planning Council. Res. 97-476 apfx)inting Michael Jernigan - Adopted 5/0 Appointment o5 member to the Marco Island Beach Renourishment Advisory Committee. Res. 97-477 ap~mointing Mary Nelson - Adopted 5/0 Appointment of member to the Golden Gate Beautification Advisory Committee. Res. 97-478 auf)ointing Cheryle Newman - Adopted 5/0 11. OT}~ CONSTITUTICH~AL OFFICERS PUBLIC COlegDf~ ON GENERAL TOPICS Ptl~LIC }{FJLRINGS WILL BE HF2LRD II, D~EDIATF2~Y FO~ STAFF ITEMS 12. ~TISED FUBLIC }[EAR[N~S - BCC A. CC~EPPJ~ENSIVE PLAN ~S Ce 2~ Petition PGA-97-2, William R. Vines of Vines and Associates, Inc., representing Richard K. Bennett, Trllstee, Nations Bank Land Trust 15222 for an amendment to the Twelve Lakes Development of Regional Impact (DRI) Development Order 87-1, Resolution 87-4, as amended, for the purpose o~ reducing the number of authorized dwelling units from 1310 to 1000 and the amount of commercial floor space from 160,000 to 112,500 square feet; revising the date ~y which time significant physical development was to have commenced; date prior to which no down zoning action could occur; amending transportation conditions and revising the phasing schedule for property located on the north side of Davis Boulevard which extends north to Radio Road in Sec. 4, T50S, R26E. Res. 97-479/Develo~nent Order 97-5 Adopted w/change 5/0 Consider adoption of an Ordinance creating the Bayshore Avalon Beautification Municipal Service Taxing Unit: providing the authority; providing for the creation; providing for a purpose and governing body; pro';lding funding and the levy of not to exceed three mils of ad valorem taxes per year; providing for the collection of taxes; providing for creation of the Bayshore Avalon Beautification Advisory Committee; appointment and composition; providing for terms of office of the advisory committee; providing for officers of the advisory committee; Page 4 Dece~r 16, 1997 3) quorum; rules of procedure; providing for functions, powers and duties of the advisory committee; providing for duties of the County Administrator or his designee; providing for review process of advisory committee; providing for conflict and severability; providing for inclusion in the Collier County code of Laws and Ordinances; providing for an effective date. Ord. 97-82 A~t~ 5/0 Recommendation to adopt a Resolution setting forth the intent of the Board of County Commissioners to use the uniform method of collecting non-ad valorem assessments for interim governmental services fees within the unincorporated area and the incorporated areas of Collier County. Res. 97-480 A~opt~ 5/0 13. BOARD OF Z~ APPEA/~ A. A~VERTISED P~IBLIC HEARII~GS 1) Petition AW-97-1, Randy Seyler of D. Ashton Enterprises, Incorporated, requesting a 250 foot waiver of the minimum required separation of 500 feet between places serving alcoholic beverages and a church/child care center for a restaurant located at 1046 Pine Ridge Road with a resulting separation distance of 250 feet. Res. 97-481 ;Udopted 5/0 14. STAFF' S C(~9~JNICATIONS A. February 11, 1998 tentatively set for Collier/Lee meeting with Corps of Engineers. 15. BOARD OF CO~R[TY ~SSIONEltS' ~ICATIONS 16. CO~4$ENT AGE.DA - All matters listed under this item are considered ~o be rodtine-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. l~r~ axed~or ado~t(~zl w~th c~-"~es - 5/0 ^. ~TY DEVELOFI(E~ & ENvI~AL 1) Grant final acceptance of the roadway, drainage, water, and sewer improvements for the final plat of 'The Orchards' Res. 97-463 Approve for recordin~ the final plat of 'Autumn Woods Unit Two and approve Petition AV-97-022, the vacation of a portion of Page 5 3) 4) 2) 3) 4) 5) 6) 7) December 16, 1997 the Autumn Woods Unit One plat. Res. 97-464 w/Construction and Maintenance Agreement and stipulations Deferral of 100% of the impact fees for a 140 unit affordable housing project to be built by CEI/Kensington, Ltd., a Florida Limited Partnership, known as Saddlebrook/Pelican Pointe Phase I Apartments affordable rental units. Res. 97-465 and Agreement Approval for recording the final plat of "Pelican Strand Replat 2' With Letter of Credit, Construction and Maintenance AGreement arid stipulations PUBLIC WORKS Work Order for Professional Engineering Services to Agnoli, Barber & BrundaGe, Inc. for Imperial West/Landmark Estates Drainage Project, Work Order No. ABB-FT98-3, Project No. 31203. In t3~e amount of $31,498.00 Award a Construction Contract to Milmir Construction, Inc., the re-bid of the NCR;~F 8-MGD Expansion Project, Bid ~97- 2690R, Project 70859/70828. In the aa~unt of $13,684,984.90 for This item has been deleted. Approve a Joint Project Agreement and Memorandum of Agreement with Florida Department of Transportation to construct the State Road 951 12" Water Main Improvements as a part of the State Road 951 Road Widening Project, Project 70824. This item has been deleted. Approve Change Order with Sunshine Excavators, Inc. for the Lely Hibiscus Culvert Crossing, Projec~ No. 31101; Contract No. 96-2613. In the amount of $19,534.25 This item has been deleted. Approve Amendment No. ~wo to Professional Services Agreement with Hazen & Sawyer, P.C., for the North County Regional Wastewater Treatment Facility 5-MGD Expansion, Contract 96- 2474, Project 730~1. In the az~ount of $65,750.00 9) Award contract to Mid-Continent Electric, Inc. to construct Page 6 Dec~nber 16, 1997 Immokalee Do,,,7%to,~n Streetscape Beautification, Phase II, Sub- Phase a (Bid 97.-2694) (Project t68063). In the amount of $455,534.50 C. PUBLIC SERVI CF-g 1) Award the Vanderbilt Beach Concession Agreement. To ~y-Star ~l~t~, Inc. D. ~P~T S~~ 1) Approval to award Bid ~97-2751, Waterproofing A~inistration Building 'F' to Roan Waterproofing & Restoration Systems Inc. In the ~unt of $49,711.00 E. C~ ~I~~R 1) Reallocation of funds for Tourist ~velo~ent Economic Disaster Program. F. ~ OF C~ ~SSI~ G. MI ~F~~S CO~~ i) MI~EI,I~IS I~g ~ FILE ~R ~O~ Will A~I~ ,~ DI~. H. ~ C~I~IO~L OFFICES 1) To approve the use of Confiscated Trust Funds for a law enforcement program and approve the Fund 602 budget amen~ent. I. ~ A~RN~ J. AIRART A~{ORI~ 17. ~~ I~IRIF~ ~~ ~~ ~ ~ ~'S ~~ ~I~ BE ~E ~ T~fE ~ AR~[INISTRATOR'S OFFICE AT 774-8383. Page 7 AGENDA CHANGES ~")JRD OF COUNTY COMMIS, SlONE.RS' MEETING DECEMBER 16, 1997 ADD: rEM S(A)(2) - DISCUSSION OF THE Crrr OF MARCO ISLAND ~TV'fE~O~ AGREEMENT. (STAFF'S REQUEST). ADD: ITEM t(B)($) . APPROVE ~YORI~ OR. DER TO REPI..,,ICE THREE PUBLIC WATER $[IPPL Y I~fELI~ (STAFF'S REQUE3'7). ADD: ITE34 t(B) (4) . TERMTN/I TE CONTRA ~ DTITt SO FEREIGN CONSTRUCTION GROUP, I~'C. FOR BID #96-25t$, RIFTER~ COLONY PHASE H UTILITY IMPROVEMENTS, 6¥TAFF'$ REQUES7). ADD: ITEM 10(1). DISCUS, SION RE: ADOPTION OF,4 BUDGET FOR COURT ADMINI,$7'RA TION (COMMI, T~IONER AL4 WHEREAS, WHEREAS, WHEREAS, PROCLAMATION obtaining a license to drive la a major milestone for youth and a necessity for tht majority o four citizens, we must teach young people the responsibilities that accompany having a driver's license. At the same time, we rnu~t teach them about the risks of driving under the Influence of drugs and alcohol; and all citizens and institutions need to acknowledge that a license to drive la not a license to kill, injure or destroy. We must also recognize that when we drive under the influence of drugs and alcohol, we are saying that under certain circumstances it's okay to harm our famllie& friend& and neighbors; and we all need to take a stand agalnst tmpatred drlvtng, indMdually and collectively, intervening to prevent others from drtnldng and drMng should be common practice among hosts and friends. We must uae desiu~at,~d drfi, ers and plan alternative transT*ortatlon when we know we will be drinking. Through our schools, places of employrnent, hou~ea of worship, and communi.~ organizations, we must send the message that drtnklrg and drh, tng Is not socially acceptable; and ~71ERF~S, the holidays by not Llghtt make our community saf~ We also ask that on -- on to support National NOW ottr DONE.riND ORDERED month by taking and teaching BOARD OF COUNTY COMMISSIONERS COLLIER COUNTE FLORIDA · ~or~ L.'H~C~K, CHg~ 8 E 2 FINANCIAL ADVISOR AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND WILLIAM R. HOUGII & CO. THIS AGREEMENT is made and entered into this /o '"' ~: day o(/.~.,'t 1997 by and between COLLIER COUNTY FLORIDA, a political subdivision of the State of Florida ('COUNTY") through its Board of County Commissioners; and WILLIAM R. tlOUGH & CO., a Florida Corporation with its principal place of business located at I00 Second Avenue South, Suite 800, St. Petersburg, Florida 33731 ('WRIt"). WITNF~SETH: In consideration of the mutual t¢~,,~s and conditions, promises, covenant~ and payments hereinafter .set forth, COUNTY and WRH agree as follows: A. It is understood by the partie~ hereto that COUNTY requires prof~sional financial advice from time to time on various matters involving its normal operations and further intends to undertake the issuance of notes and bonds to finance the variou~ capital needs of the COUNTY. It ia also understood that in connection with ~uch professional advice and the issuance, sale and delivery of such bonds, COUNTY de~ires WRH to perform professional services in the capacity of COUNTY's Financial Advisor. B. WRH is, and shall be, in the performance of all work service~ and activities under this Contract, aa Independent Contractor, an:! not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or service~ performed pursuant to this Contract shall at all times, and in all places, be subject to WRH's sole discretion, wapervision, and control. WRH shall exercise control over the means and manner in which it and its employee~ perform the work, and in all respects WRH's relationship and the relationship of ils employees to the CGUNTY shall be that of an Independent Contractor and not as employees or agents &the COUNrI'Y. 2. ,SCOPE .9]~ SERVICE By this Agreement, '~q~LH offers its professional ~ervices and facilities as Financial Advisor and agrees to perform the duties normslly performed by Financial Advisors as set forth herein and to perform such other duties as Financial Advisors as may be requested from time to time by the COUNTY. Specifically, WRH agrees, a; directed by COUNTY: ho To review and evaluate the financial condition, policie~ and pla.ns of the COUNTY and work with the COUNTY's staff to assist in the development of a long te~m financial plan in conjunction with the COUNTY's growth management plan. Bo To cooperate in and coordinate any financing herein contemplated, to prepare the necessary financial studies designed to demon,re'ate the many varying aspects of a particular type of financing and to recommend for COUNTY's approval a plan of financing to cover any proposed bonds. Such plan shall include a maturity schedule and other terms and conditions as Page I of 8 Eo Go lt. Jo will, in thc opinion of WRH, result in thc issuance of bonds under terms consistent with obtaining minimum net interest cost. Such studies shall include thc compilation and analysis of all necessary statistical data. To review and make recommendations on reports of accountants, engineers and other consultanLs to assure that such reporls properly address the technical, economic and financial risk factors affecting thc marketability of any proposed financing. To assist COU~'N'I'Y with thc necessary steps to be taken for thc legal issuance of bonds and the final delivery of the bonds, under thc direction and legal advice of a firm of recognized bond attorneys to be retained by COUNTY. To work with the COUNTY Attorney, Bond Counsel and COUNTY'S Investment Banker in identifying key bond covenant features. To provide option flexibility and assume possible interest cost to thc COUNTY. To advise COUNTY of current market conditions, forthcoming bond issues, potential tax considerations and other general information and economic data which might normally be expected to influence interest rate conditions so that thc date for thc sale of bonds can Ne set at a time which, in thc opinion of WRt-t, will be favorable for thc COUNTY. To assist thc COUNTY's financing team in gathering and analyzing necessaD, data relating to a proposed bond issue for a rating agency presentation and credit enhancement from an insurance company or a letter of credit bank. To review COUNTY's efforts to obtain Federal and State financial assistance and make such recommendations as may be necessary. In a negoliatcd .sale, to work with the COUNTY'S Staff, Bond Counsel and Underwriter in preparation of all the necessary financial statements, legal documents and certifications which would fully describe thc bonds, security, the project, thc COUNTY rnd its ability to pay debt service on the bonds. To assist and advise COUNTY in negotiating with the. COUNTY's Investment Banker regarding fees, pricing and terms of the bond issue. To arrange for thc printing of thc bonds and thc official statements and arrange other certification necessary. To assist in the preparation of annual reports issued subsequent to the completion of a bond sale. To assist COUNTY and Io serve as its agent in the investment of all proceeds of financzng and any other funds requiring investment. To provide such other services to thc COUNTY as outlined in the COUNTY's Request for Proposals 1497-2673, County Financial Advisory Services, a copy of which is attached hereto, labeled Exi'fibit "A", and incorporated herein by reference. Page 2 of R pERSONNEL_TO BE ASSIGNED_ Thc following mcmber~ of WRII will be assigned primarily to work with COUNTY as Financial Advisors on the Project: William J. Reagan, Senior Vice President Bonnie Wise, First Vice President A. The COUNTY has the right to approve, disapprove or change any of the staff assigned by WRH to the account. If, for any reason, the personnel assigned is changed or replaced, the COUNTY has the fight to immediately terminate the contract. B. The COUNTY has the right to request, for any reason, WRH to replace any personnel assigned. Should the COLrNTY make such a request, WRH shall promptly suggest a substitute until a ~tisfactory substitute is selected. OBLIGATIONS OF THE COUNI"Y~ Thc COUNTY will retain bond counsel and other advisors and/or consultants deemed necessary and appropriate for development, contracting and financing. Consultations and requests for services by WRH from COUNTY's consultants in technical, accounting and other matters as may be appropriate is subject to previous approval by COUNTY. COUNTY may select managing underwriters, in the event of negotiated bond sales, with the assistance of WRH in soliciting and evaluating proposals from various firms. Fees for services rendered by counsel, consultants or other advisors will be paid by COUNTY. .COMPENSATION A. Thc Financial Advisor shall be compensated pursuant to the following achedule: (1) For all services not directly rclated to the issuance of bonds or notes, WRH shall be paid: a. A rate ofsi75.00 per hour for thc time and services of all officers, Senior Vice Presidents and First Vice Presidents; and b. A rate of $75.00 per hour for the time and services of all financial computer analysts. (2) For all services related to the issuance of bonds or notes issued by the COUNTY. regardless o f the manner of sale: Amount of Dcbl For thc tirst $10,000,000 (minimum fee orS10,000) For the next $ I0,000,000 Amounts above $20,000,000 with a maximum fee of $50,000 as to any singular issue. Feels ! .000 Sl.O0 S .75 S .50 Page 3 of g O Any fcc paid undcr this scction on a complctcd issue shall be credited by any sums paid on said issue bascd on an hourly basis. Bo Co Do E° Fo For advisory services rcqucsted by the COUNTY related to all bond financing by legal entities other ti,an the COUNTY which are transacted within the COUNTY and which require COUNTY review and oversight responsibility, WRH shall bill the issuing entity at the agreed upon rate after review of thc proposed financing. Reimbursement shall be made as set forth in Paragraph E below. WRH shall bill monthly for any professional services rendered pursuant to this Agreement and identify thc individual, thc hourly rate, thc work pcrformcd and thc projcct description. WRH shall provide such serviccs as authorized by the COUNTY acting through the COUNTY Administrator or his designee and shall provide an estimate of time and cost prior to the time of said authorization. In thc cvcnt thc sc~'iccs to bc performed arc to exceed thc estimate, WRH shall advise the COUNTY Administrator or his designee and obtain his approval prior to exceeding the original estimate. [:or expenses reasonably incurred in connection with this Agrccment, COUNTY shall pay WRH on an actual cost basis, in accordance with Chaptcr 112, Florida Statutes, for its out-of-pocket expenses reasonably incurred in thc course of providing profcssional services to COUNTY. William R. ttough& Co. will not charge for travel cxpcnscs incurred within Collier County. All invoices for such rcimburscmcnts shall contain complete and detailed information as to the item or charge sought to be rcimburscd. Out-of-pocket expenscs shall include travel, meals, lodging and communications. WRH will bc reimbursed for any extraordinary costs for graphics, printing and specialized data processing requested by thc COUNTY. In order £or both panics herein to close their books and records, WRtl will clcarly state "final invoice" on WR|t's last and final billing to thc COUNTY for cach separate authorization to perform services. Since this account will thereupon be closed, any other charges not properly included on ~his final invoice are hereby waived by WR}I. 9ENE~RAL P~,OViS1ON$ r' WRH agrees to keep such records and accounts on all matters pertaining to thc providing of its services under this contract (including complete and correct entries as to any expenses) for which WRH expects to be reimbursed. Such books and records shall be available at all reasonable times for such examination and audit by COUNTY. The COUNTY Administrator is hereby designated as the representative of the COUNTY. All work performed by WRIt pursuant to the Agreement shall be by the direction of the COUNTY acting through thc COUNTY Administrator or his designee and all communications pertaining to the progress of any v,,ork performed hereunder shall be addressed to the COUNTY through thc COUNTY Administrator or his designee. Page 4 of 8 Co Do Fo Jo Ko Lo o r.. WRH warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for WRH, to solicit or secure this Agreement and that they have not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for WRH, any fee, commission, percentage, gills, or other consideration contingent upon or resulting from the award or making of this Agreement. For the violation of this provision, COUNTY shall have the fight to terminate the Agreement without liability at its discretion, and to deduct from the contract price, or otherwise recover, the full amount of such f~, commission, pm'centag¢, gilt or consideration. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered under any circumstances by WRH without prior written consent of COUNTY. However, this Agreement shall run to the Collier County government and its successors. Upon submission, all advice becomes the property of the COUNTY which has the legal right to usc any or all ideas provided through WRH's professional advice. All work papers/products developed as part of thc contract performance become the property of the COUNTY upon termination of the contract or as they are created for any given project. The COUNTY reserves the fight to audit all records of the financial advisor relating to this contract, for a period of three (3) years after termination of the contract. WRH agrees, at a minimum, not to discriminate in hiring practices on the basis of race, color, religion, age, sex or national origin. The COUNTY reserves the right to award contracts to more than one (1) financial advisor, as determined to be in the best interest of the COUNTY, and to add to or delete from the scope of services contained herein. The Financial Advisor shall not act as an underwriter, or in any manner other than as financial advisor, lbr bond issues of the COUNTY during the term of this contract. The Financial Advisor shall comply with all applicable Federal, State and Local laws, rules and regulations pertaining to the marketing, sale and issuance of any bonds of the COUNTY. The COUNTY and WRtt shall comply with the provisions of Chapter 119, Florida Statutes, in regard to this Agreement. WRH shall promptly notify the COUNTY in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence WRH's judgment, or quality of services being provided hereunder. Such written notific~:tion shall identify the prospective business association, interest or circumstance, the nature c,f work that WRH may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY. constitute a conflict of interest if entered into by WR.H. The COUNTY agrees to notify' WRH of its opinion by certified mail within thirty (30) days of receipt of notification by WRH. If', in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by WRH, the COUNTY shall so state in its opinion and the association, interest, or circumstance shall not be deemed in Page $ of 8 conflict of interest with respect to services provided to the COUNTY by WRH under thc terms of this Contract. M. This Agreement shall bc governed by the laws of thc State of Florida. Any and ali legal action necessary to enforce the Agreement will be held in Collier County and the Agreement will be interpreted according to the Laws of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall bc in addition to ever)' other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any paay of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. In any action brought by either party for thc enforcement of the obligations of thc other party, thc prevailing party shall be entitled to recover reasonable attorney's fees. N. Ail notices required in this Agrccrnent shall bc sent by certified mail, return rcccipt requested, and if sent to thc COUNTY shall be mailed to: Collier County, Florida 3301 East Tamiami Trail Naples, Florida 34112 Ann: County Administrator's Office If sent to WRI'-{ shall bc mailed to: William R. ttough& Co. 500 Fifth Avenue South, Suite 501 Naples, Florida 34102-6615 Attn: William J. Reagan 7. ~ P #9% 7 I ADVI RY , RVI ES AND QF At.I~-~-LQ~qEGOTIATION$/AGREEMENT_S- COUNTY RFP #97-2673 (County Financial Advisory Service::) is hereby specifically incorporated by reference as part of this Agreement, except as follows: With respect to Paragraph 5.a on page 16 of the RFP, WRH currently self-insures its professional liability risks, but has recently applied for errors and omissions insurance for $5,000,000. WRH will inform COUNTY when such coverage is obtained. With respect to indemnification on page 16 of the RFP (the indemnification provision set forth therein) this paragraph is hereby excluded from the Financial Advisor Agreement. Instead, the Contractor;Vendor CWRtf') agrees to indemnify, hold harmless and defend COUNTY and its agents and/or employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description which specifically arise out of or are related to any grossly negligent or intentionally wrongful act or omission of the WRH in the performance of any of the services Page 6 of 8 specifically performed by thc WRIt pursuant to thc Scope of Services provision of thc Financial Advisory Agreement, if COUNTY has requested the WRH to perform the specific scn,'ices in advance of providing such scrviccs in writing and thc WRI-] has in writing, other than this Contract, agreed to perform such services in advance. In the event of any joint gross negligence, intentional wrongful act or omission on thc part of COUNTY or its agents and/or representatives and the WRH. any loss shal! be apportioned and the indemnification shall be limited to the WRH percentage of fault in accordance with the provisions of Florida law. This indemnification, hold harmless and defense obligation is in addition to insurance provided by WRH pursuant to County RFP # 97-2673. A. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there arc no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agrcements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality ,~nd of equal dignity herewith. 8. TERMIHAT/gN. RENEWAL AND EXTENSION A. This Agreement shall bc in effect for two (2) years from thc date entered above and may be renewed for one additional year period unless canceled with or without cause in writing by COUNTY upon 7 day.,; written notice to the other party, in the event WRH receives termination notice from thc COUNTY. WRtl shall be reimbursed for out-of-pocket expenses reasonably incurred and shall be entitled to fees for services performed to the date of termination, all as provided for in this Agreement. B. Thc County Administrator or his dcsignee may, at his discretion, extend the Agreement under all of thc terms and conditions contained in this Agreement for up to ninety (90) days. The County Administrator, or his designee, shall give the Contractor written notice of the COUNTY's inlention ~o extend thc Agreement term not less than thirty (30) days prior to thc end of the Agreement term then in effect. Page 7 of 8 IN WITNESS WHEREOF, thc Bo.',rd o£ County Commissioners of Collicr County, Florida. and WRH have each, rcspcctivcly, by an aulhorized pcrson or agcnt, hcrcundcr sct thcir h,'mds and scals on thc dalc and ycnr first abovc written. ATTEST Clerk of the Circuit Court D~tc: ' (SEAL) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Tir~0thy L. Hancock. C~airman Approved as Io form and legal sufficiency for Collier County: Chief Assistant County Attorney Witncss Signature / / . ?& ./.~ ?'/.~. *'__._.~_~ Witness Printed Name WILLIAM R. HOUGtl & CO. ,, . y ,gZilliam J. R/ag~m', F/nancial Advisor -//../c ( itncss Printed Name Page 8 of 8 CORPORATE SEAL IN Tile CIRCUIT COURT OF TIlE TWENTIETtl JUDICIAL CIRCUIT IN AND FOR COI. LIER COUNTY. FI.ORIDA CIVIL ACTION 9 A EAGI.E CREEK PROPERTIES, INC., EAGLE CREEK UTILITY COMPANY, and EAGLE CREEK UTILITY I!, INC. Plaintiffs, COI.LIER COUNTY, a political ~sabdivlsion of the Slate of Florida, and the COI.LIER COUNTY WATER-SEWER DISTRICT, Defendants. CASE NO.: 93-0518-CA-01-TB SETTI.EMENT AGREEMENT This Settlement Agreement is made and entered into this ~ da),' of ,, ,- and between the Plaintiffs and thc Defendants. 199~. by On or about March 8. 1993. Defendants answered Plaintiffs' counterclaim which sought: RECITALS ]-his action was commenced bv Plaintiffs on or about February 8. 1993. In their complaint, Plaintiffs sought: a. a declaratory judgment regarding thc validity of a December 22. 1987, agreement between Plaintiffs and Defendants; b, damages for the alleged taking of property or property rights ov,'ncd bv Plaintiff Eagle Creek Utility, II. Inc.; c. a class certification and repayment to the members ortho class for sewer impact fees paid by the class members to the Defendants; and, rescission ora deed which conveyed sever facilities from Plaintiffs to Defendant. complaint and asserted a Eagle Creek/Collier County I of 8 a. to compel specific performance of the Plainti Ils and Defendants; Il. damages for breach of contract; and, c. an injunction to require Plaintiffs to connect the Development to the Collier County sewer system. December 22, 1987, agreement bctwecn Eagle Creek Planned Unit On July 18, 1993, Circuit Court Judge Hugh D. Hayes authorized Plaintiffs to prosecute Counts Three and Four of Plaintiffs complaint as a class action on behalf of all property owners within the Eagle Creek Planned Unit Development. On October 12, 1993, Circuit Court Judge Hugh D. Hayes entered a temporary injunction which provided that from that date forward all disputed impact fees allegedly payable by residents of Eagle Creek to Collier County were to bc deposited into the Court Registry pending the outcome of this litigation. On November 15, 1993, notice was sent by Plaintiffs to all class members. Class members were required to request exclusion from the cia.ss by December 31, 1995. No member of the class requested exclusion. on March 26, 1997, Judge Ted Broust~eau entered a summary'judgment against Plaintiffs on all claims. However, gveral of the is,ggs raised in thc Complaint remain pending as a result of Plainti frs' affirmative defens~ to Defemlant's Cotmterelaim. On July I, 1997, Plaintiffs filed an appeal of the summary judgment entered by Judge Brous.seau and that appeal is now pending. ,Thc parties wish to terminate this litigation by settlement and by adjusting their various rights. Settlement of this litigation shall reouire approval of thc Court pursuant to Florida Rule of Civil Procedure 1.220(e) and notice to the class members. Eagle Creek/Collier County 2 of 8 TEI:P, IS NOW TtlEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 10. The above recitals are true and correct. ! !. Plaintiffs and Defendants shall dismiss their respective claims, with prejudice. 12. Plaintiffs, or their successors, transferees or assigns, shall be permitted to operate a sewer system ~rving thc Eagle Creek Planned Unit Development and associated areas currently approved by the Collier County Water and Wastewater Authority until September 30, 2000. Plaintiffs shall operate the sewer system in accord with all regulatory requirements of Collier County, the State of Florida, and federal or local agencies with jurisdiction. 13. Effective October I. 2000, Plaintiffs, or their successors, transfcrccs or assigns, shall transfer to Collier County and thc Collier County Water-Sewer District thc following: (a) All rights, claimed or otherwise, to provide wastcwatcr service to thc Eagle Creek PUD and associated areas and as defined by Certificate No. 05S issued by thc Collier County Water and Waslewater Authority. lb) All real and personal property including but not limited to all fixtures, structures, lines, facilities, pipes and lift stations, including but not limited to the lift station ~ljacent or near Plaintiffs' sesver treatment plant, that form any part of the collection system identified by Collier County and the Collier County Water-Wastewater Authority as necessary for purposes of providing wastewatc'r service to lhe Eagle Creek PUD and associated areas and as defined by Certificate No. 05S (c) All easements identified by Collier County and the Collier County Water- Sewer District as necessary for Collier County and the Collier County Water- Sewer District to provide wastewater service to the Eagle Creek PUD and associated areas and as defined by Certificate No. O5S. Eagle Creck./Collier County 3 of 8 9 Thc Plaintiffs, or their successors, transfcrccs or assigns, shall rciain owncrship of their scwcr treatment plant and thc land upon which their sewer trcatrncnt plant is Ioca[cd. ^ccording]y. Collier County and the Collier County Water-Sewer District shall assume sole responsibility for compliance with all laws, whether local, state or £edcral, and for maintenance of thc collection system and easements trans£crrcd by Plaintiffs a~ a result of this Settlement Agrco'ncnt while Plaintiffs, or their successors, trans£crccs or assigns, shall remain solely responsible for compliance with ali laws, whether local, state or federal, insofar as thc continuing ownership and maintenance or abandonment of the scwcr treatment plant and thc land upon which the sewer trcatment pIant is located is conccrncd. 14. The panics further agree that they shall coopcratc in effccting thc transf'cr in a reasonable and timely fashion in order to ensure that service may continuously bc provided to the Eagle Creek PUD and associated areas and as defined by Ccrtificatc No. 05S. In this rcgard, and without limilation, thc panics agree to share thc following duties and costs of thc transfer: (a) Plaintiffs, or their succcssors, transf'crccs or assigns, shall be solely responsible for preparation of all documents and payment of any and all associated costs for purposes of transferring or retiring Ccrtificatc No. 05S issued by thc Collier County Water and Wastcwater Authority. Ail such documcnts shall no,'crthclcss be subject to review and approval by Collier County and thc Collier County Water-Sewer District. Defendants agree, however, that should any fcc bc rcquircd under any County ordinance in connection with any transfer or retircmcnt of Ccrtificatc No. 05S to the Collier County Waler-Scwer District, Dcfcndants shall bcar the cost of such fcc. (b) Collier County and the Collier County Water-Sewer District shall, at their cost, be responsible for identifying all portions of thc collection system deemed necessary for Collier County and the Collier County Water-Sewer District to providc waslewater service to Eagle Creek PUD and associated areas and as dcfincd by Ccrlificate No. 05S and preparing all necessary documents of transfer subject to review and approval by Plaintiffs, or their successors, t~nsfcrccs or assi~s. Eagle Creek/Collier County 4 of 8 (d) (c) Collier County and thc Collier County Water-Se~,'er District shall, at their cost, be responsible for identifying all casements deemed necessary for Collier County and the Collier County Water-Sewer District to provide wastcwater service to Eagle Creek PUD and thc associated areas and as defined by Certificate No. 05S and preparing ali necessaO' do~:uments of' conveyance subject to review and approval by Plaintiffs, or their successors, transferees or assigns. Plaintiffs, their successors, transferees or assigns agree to create or acquire, at their cost, any necessao' casements not already in existence for purposes of an orderly transfer to Collier County and thc Collier County Water-Sewer Distric~ of thc right to provide wastewaaer service to the Eagle Creek PUD and associated area~ and as defined by Certificate No. 05S. The Defendants shall bear all costs associated with the physical connection to thc Eagle Creek service area to the Collier County Water-Sewer District sewer service facilities. 15. From Dccember 16, 1997, forward Eagle Creek Properties, Inc., its successors or assigns, shall be exempt from paying up to the next 87 residential sewer service availability fees (i.e. sewer impact fccs) to Collier County in the Eagle Creek aervicc area. This exemption shall apply whether the Eagle Creek area is served by Eagle Creek Utility Il, Inc., or the Collier County Watcr-Scwer District. 16. From December 16, 1997, forward Eagle Creek Properties, Inc., its successors or assigns, shall bc exempt from paying the next $50,000.00 of commercial sewer service availability fees (/.c. sewer impact fees) to CoIlier County in the Eagle Creek service area. This exemption shall apply whether the Eagle Creek area is served by Eagle Creek Utility II, Inc., or the Collier County Water-Sewer District. 17. Plaintiffs, individually and as class ~epresentatives, shall receive from Collier County the sum of 5200,0¢~9.00 within 20 working days after the approval of this agreement and entry of final judgmtmt by the Collier County Circuit Court. Within 30 days of receipt of the Eagle Creek/Collier County 5 of 8 9 A $200.000, Plaintiffs shall be reimbursed from this sum for their reasonable costs and attorneys fees. From the remainder. Plaintiffs shall disburse the funds as follows: ao Seventy-five percent (75%) shall be paid to Plainti frs for their individual claims; and, Twenty-five percent (25%) shall be paid, pro-rata, to all members of the class. 18. Neither Plaintiffs, nor their successors, transferees or assigns, shall abandon the sewer system serving Eagle Creek at any time prior to September 30, 2000, unless they shall give 120 days prior notice to Defendants. In such event, Collier County and the Collier County Water- Sewer District shall have the exclusive right to provide service to the Eagle Creek service 19, Thc Court shall retain jurisdiction of this matter to enforce thc terms of this Settlement Agreement. 20. Even though executed and recorded, this Settlement Agreement and thc Mutual Release attached hereto as Exhibit I shall be effective only after approval and entry of final judgment of thc Court pursuant to Florida Rule of Civil Procedure 1,220(c) and provided that no more than five percent of the class members elect to not approve the Settlement Agreement within thc time specified by the Court. 21, ]'his Settlement Agreement and the Mutual Release attached as Exhibit I shall be binding upon thc heirs, predecessors, successors, transferees and assigns of the parties. Eagle Creeka'Collier Count)' 6 of 8 IN WITNESS WilEREOF, thc parties have executed this Settlement Agreement on thc dates indicated. Print Name P~nt Name PLAINTIFFS: EAGLE CREEK PROPERTIES, INC. (Corporate Seal) Pdnt Name Print Name EAGLE CREEK UTILITY II. INC. By: ,/,~-..q /~_ a,~-~o Date: Dav~.ffJ. Amic3; President (Corporate Seal) Eagle Creek/Collier County 7 of 8 DEFENDANTS: 9 A ATTEST: DWIGHT E. BROCK. Clerk of Courls BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA AS THE-... GOVERNING BODY .." OF COLLIER COUNTY AND AS EX-OFFICIO, THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT. Approved'as to legal form and sufficiency: Timoth);.~.//~lS'cocl~, ~ha~rm~n Michael W. Pcttit. Coun~l forounty and the Collim' County Wat~r-Sew~ District in Eagle Creek Propertie.~ Inc. v. Collier COUt~t~', Ca~ No. 93-0518-CA-01-TB. Assistant County Attorney Eagle Creek/Collier County 8 o£ 8 9 A MUTUAL REI~EASE IN CONSIDERATION of the settlement of their differences and disputes as set forth in detail in the Settlement Agreement to which this Mutual Release is attached as Exhibit 1, and also in consideration of their respective promises and covenants in this Mutual Release, Eagle Creek Properties, Inc. and Eagle Creek Utility II, on behalf of themselves and their owners, directors, officers, agents, represcmtatives, attorneys, employees, predecessors, successors, heirs, transferees, assigns and all members of the class certified in Collier County, Florida Circuit Case No. 93-0518- CA-O I-TB and Collier County and the Collier County Water-Sewer District on behalf of themselves and their elected officials, employees, agents, representatives, attorneys, predecessors, successors, transferees and assigns hereby expressly release and forever discharge one another and their respective owners, directors, officers, elected officials, agents, representatives, attorneys, employees, predecessors, successors, heirs, transferees and assigns from any and all cause or causes of action, claims, wages, demands, rights, liens, agreements, contracts, ~'lions, suits, obligations, debts, dues, sums of money, attorney's fees, costs, accounts, reckonings, covenants, charges, liabilities, promises, executions, complaints, damages, injunctions md judgments of whatever kind or nature, whether at law or in equity, or otherwise and whether now known or unknown, present or future, arising out of or in any way referring or relating to any allegations or claims that were made or that could have been made by any party in Collier County Circuit Court Case No. 93-0518-CA-01-TB except that nothing in this Mutual Release is intended to apply to or prevent any claim by any of the parties hereto to enforce any tcnii or provision of this Mutual Release or the Settlement Agreement to which it is attached. IN WITNESS WHEREOF, the panics or their duly authorized representatives, have signed and sealed this Mutual Release. Witnesses: Print Name EAGLE CREEK PROPERTIES, INC. D~'~d J. Arm/co, President Date: (Corporate Seal) Print Name EXHIBIT 1 Page I o f 2 Print Name EAGLE CREEK UTILI"I"Y II, INC. D~id J. AnCo, President (Corporate Seal) Print Name ATTEST: ' · D,,WIGHT E: BROCK, Clerk of Couns BOARD OF COUNTY COMMISSI~)~RS '.. COLLIER COUNTY, FLORIDX AS TIlE " OOV~NrNG .OD~ OF." CO~ AND AS EX-O~FICIO ~VE~G BOARD OF THE COLLIER couN~ WAV~-S~W~R ~S~. Approvo, as Io legal Corm and sumcicncy: ,~oth>,Z/d.l~c(>c~ ..... -, _ /.;. _ . .tit, Courtsel for Collier CoWry and th,: Collier Coun Water-Sew ' · Creelc ?roperttes Inc. v. Collier County, Case No. 93-051S-CA-O 7TB er District in Eagle Asaistant County Attorney EXHIBIT I Page 2 of 2 EAGLE CREEK UTILITY II, INC. Print Name D'9)t'~ J. AnCo, ~resident (Corporate Seal) Print Name ATTEST: ' ' D. WIGHT E. BROCK, Clerk of Courts .....y Approvol a~ to legal form and sufficiency: BOARD OF COUNTY COMMISSI~3NERS COLLIER COUNTY. FLORID~ AS THE GOVERNING BODY OF." COLLIER COUNTY AND AS Ex-OFFICIO TIlE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT. Michael W. Pettit, Counsel for Collier County and fl~e Collier County Water-Sewer District in Eagle Creek Properties Inc. v. Collier Court.tv, Case No. 93-0518-CA-01-TB. 2' EXHIBIT 1 Page 2 of 2 · RESOLUTION 97-466 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COtE4TY, FLORIDA, APPROVING THE ISSU,~.NCE CF NOT EXCEEDING $4,900,000 HOUSING FINANCE AUTHORII-f OF COLLIER COUNTY MULTI-FA24ILY HOUSING REVENq3E BONDS, SERIES 1997 (SADDLEBROOK VILLAGE APARTMENTS PROJECT, TO BE RENA~<ED AS PELiO%N POINTE) PURSUANT TO C~3%PTER 159, PART IV, FLORIDA STATb"FES, AS A3~ENDED. BE IT RESOLVED BY THE BOARD OF COUNT'Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. deterlnined and declared that: it is hereby found, ascertained, A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in <'oilier County, Florida (tile "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $4,900,000 Housing Finance Authority of Collier County Mu!ti.-Family Revenue Bonds, Series 1997 (Saddlebrook Village Apartments Project, to be renamed as Pelican Pointe) (the "Bonds"). C. Public hearings were held on the Resolution on February 28, 1997 and March 24, 1997, which public hearings were duly conducted by the Issuer upon reasonable public notice, copies of said notices being attached hereto as Exhibit B, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the iss~ance of the Bonds. No person spoke or wrote in opposition to the project on the issuance of the Bonds. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt, or a pledge of faith and credit of the Issuer, the County, the State of Florida or any political subdivision thereof, and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shall be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only to the extent provided in the Indenture. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Bonds by reason of its issuance. S~ction 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Repealing Clause. Ail resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED ADOPTED THIS /~. 1997. day of ~ (SEAL) ATTEST: ' Dwight E. BroCk, Clerk Deputy Clerk COLLIER COUNTY, FLORIDA Ti~othy/L ~ ~ancock, ' Chairman Board~of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: County Attorney 97 -01 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORII-f OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUA~NCE OF NOT TO EXCEED $4,925,000 FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIE.~ FOR PERSONS OR FAaMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION A~WD DELIVERY OF AN AGREEMENT BY AND BE.~WEEN THE AUTHORITY ArED COLONIAL EQUITIES, INC.; AND PROVIDING Ar; EFFECTIVE DATE. WHEREAS, Colonial Equities, inc. (the "Company,') has applied to the Housing Finance Authority of Collier County, Florida (the "Authority-), to (i) issue its multifamily housing revenue bonds in a principal amount not to exceed $4,925,000 (the "Bonds") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $4,925,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and ~EREAS, the Company has submitted the Preliminary Agreement relating to the issuance of the Bonds, attached hereto; and WHEREAS, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date hereof, which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bcnds and the location and nature of the portion of the Project to be financed with the proceeds therefrom. WR~"REAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, TT~_~REFORE, DETERMINED AND RESOLVED BY T~E HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, TI~AT: 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement attached hereto as Exhibit "A" between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $4,925,000, or (b) the cost of the Project, as determined by the Authority. 3. Authorization of the Bonda. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement attached hereto, in one or more issues or series in an aggregate principal amount not to exceed $4°925,000 for the purpose of financing the Project described in such Preliminary Agreement. The Bonds shall be designated "Housing Finance Authority of Collier County Multifamily Housing Revenue Bonds (Saddlebrook Village Apartments Project). The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. R~commendation for Approval to Board of County Com~issioners. The Authority hereby recommends the issuance of the -2- Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County (the "Board"). The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1976, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the Prelimina~f Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of Public Hearing. The form of notice of public hearing attached he:eto as Ey~ibit "B" is hereby approved and the publishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as bond counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit o~ taxing power of Collier County, the State o~ Florida or any political subdivision or agency thereof but shall be payable solely from tke revenue pledged therefor pursuant to a loan agreement ,dr other financing agreement entered into by and between the Authority and the Company prior to or ccnCemporaneously with the issuance of the Bonds. -3- 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County or estopping the County from asserting any rights or responsibilities it may have in that regard. This Resolution shall take effect immediately. ADOPTED this ~ ~- day of ~ _, 1997. (SEAL) ATTEST: HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA --'-/ Cha i rman -4- EXHIBIT A PRELI){INARY AGREEMENT FOR ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS This Agreement between the Housing Finance AuthoriTy of Collier County, Florida (the "County,), a body corporate and politic of the State of Florida and Colonial Equities Inc., "Company"). , (the WI TNES SETH 1. Preliminary Statement. Among the matters of mutual understanding which have resulted in the execution of this Prelimina~/ Agreement are the following: (a) The Florida Housing Finance AuthoriTy Law (Chapter 159, Part IV, Florida Statutes), as amended (the "Act") provides that the Authority may issue its revenue bonds and loan the proceeds thereof to one or more persons, firms, or private corporations, or use such proceeds, to defray the cost of acquiring, by purchase or construction, cer=ain qualifying facilities. (b) The Company is considering constructing and equipping a multifamily residential housing facility for persons or families of low, middle or moderate income (the "Project.) to be located within the boundaries of Collier County. It is estimated tha~ the cost of the acquisition, construction, installation and development of the Project will be approximately $4,925,000. (c) The Authority intends this Preliminary Agreement to constitute its official binding commitment, subject to the terms hereof, to issue its bonds, (the "Bonds.) in one or more series or issues pursuant to the Act in an amount to be agreed upon by the Authority and the Company and to loan the proceeds thereof to the Company, or to use such proceeds, to finance the cost of acquiring and constructing the Project, including all costs incurred in connection with the issuance of the Bonds by the AuThority, u~ to an amount not to exceed $4,925,000. {d) The AuuhoriTy considers the issuance and sale of the Bonds, for the purpose hereinabcve set forth, consistent with the objectives of the Act. This commitment is an affir,.-uative official action of the Authcrity toward the issuance of the Bonds as herein contemplated in accordance with the purposes of both the Act and the applicable United States Treasury Regulations. 2. Undertakings on the Part of the Authority: the terms hereof, the Authority agrees as follows: Subject to (a) The Authority will authorize the issuance of the Bonds in the aggregate principal amount necessary and sufficient to finance the cost of ac~uiring, constructing, installing and developing the Project as the Authority and the Company shall agree in writing, but in all events, the principal amount of such Bonds shall not exceed the lesser of (i) the cost of the Project, as determined by the Authority or (ii) $4,925,000. (b) The Auuhority will cooperate with the Company and with the underwriters or purchasers of the Bonds and the Authority's Counsel with respect to the issuance and sale of the Bonds and will take such further action and authorize the execution of such documents as shall be mutually satisfactory to the Authority and the Company for the authorization, issuance and sale of such Bonds and the use of the proceeds thereof to finance the cost of constructing and acquiring the Project. (c) Such actions and documents may permit the issuance from time to time in the future of additional bonds on terms which shall be set forth therein, whether peri passu with other series of bonds or otherwise, for the purpose of defraying the cost of completion, enlargements, improvements and expansion of the Project, or any segment thereof, or refunding of the Bonds. (d) The loan or financing agreement (the "Loan Agreement") between the Authority and the Company shall, under te[~s agreed upon by the parties, provide for payments to be made by the Company in such sums as shall be necessary to pay the amounts required under the Act, including the principal of and interest and redemption premium, if any, on ~he Bonds, as and when the same shall become due and payable. (e) In authorizing the issuance of the Bonds pursuant to the Loan Agreement, the Authority will make no warranty, either expressed cr implied, that the proceeds of the Bonds will be sufficient ~o pay all costs of acquiring, constructing, installing and developing the Project or that those facilities encompassed by the Projec~ will be suitable for the Company's purposes or needs. (f) The Bonds shall specifically provide that they are -2- payable solely from the revenues derived from the Loan Agreement between the Authority and the Company or other agreements approved by the Authority, except to the extent payable out of amounts attributable to Bond proceeds. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit of Collier County or of the State of Florida, and such fact shall be plainly stated on the face of the Bonds. (g) After receipt by the Authority of this Preliminary Agreement, properly executed by the Company, (but before the expiration da~e) the Authority shall file with the State of Florida Division of Bond Finance (the 'Division") a Request for Allocation upon receipt frc~ the Company of a written request that the Authori%y apply for such allocation, and specifying the amount to be requested. The Company acknowledges that the State of Florida has adopted rules and regulations regarding the use of allocations and requirements that an Issuer issue bonds in substantially the eh=ire amount of the allocation. The Company further acknowledges that ~he failure to actually issue bonds within a specified percentage of the allocation can result in the loss of the allocation. Accordingly, the Company shall be fully responsible for de~erm, ining the size of the allocation to be requested, subject to the proviso that the request shall not be for a principal amount of Bonds which exceed the amounts set forth in paragraph 2(a), and taking into acccun~ carry forward allocations, if any. (h) In the event th8% as of January 1, 1998 there are two or more pending requests %nat the Authority submit requests for al!ocaticn from the Divmsion, the Authority retains the right, in its sole and absolute discretion to determine the order and date upon which requegts for allocation for each of such projects shall be made. 3. Undertakings on the Part of tha Company. terms hereof, the Company agrees as follows: Subject ~o the (a) The Company will use reasonable efforts to insure that =he Bonds in the aggregate principal amount as stated above are sold; provided, however, that the terms of such Bonds and of the sale and delivery thereof shall be mutually satisfactory to the Authority and the Company. (b) Prior to the issuance of the Bonds, in one or more series or issues from time to time as the Authority and the Company shall agree in writing, ~ke Ccmpany will enter into a Loan Agreement with the Authority, the terms of which shall be mutually agreeable to =he Authority and Company, providing for the loan or use of the proceeds of the Bonds to finance the Project. Such agreement will provide that the Company will be obligated to pay the Authority (or to trustees for holders of the Bonds on behalf of the Authority, as the case may be) sums sufficient in the aggregate to enable the Authority to pay the principal of and interest and redemption premium· if any, on the Bonds, as and when the same shall become due and payable, and all other expenses related to the issuance and delivery of the Bonds. The Company will agree in such documents that if the cost of acquisition and construction of the Project exceeds the amounts allocated therefor, it shall not be entitled to any reimbursement for any such excess either from the Authority, the bondholders or :he t,'-ustee for the bondholders. (c) The Company shall be responsible for the Authori~y's issuance fee in effect at the time the Bonds are issued and the fees of Counsel to the Issuer, and Bond Counsel. The Company shall pay, upon request, a reasonable retainer to compensate Issuer's Counsel and Bond Counsel, for se~ices which must be performed regardless of whether the Bonds are issued. ~;either of said Counsel shall have any obligation to perform services in connection with the financing cf the Project until such retainers are paid. (d) The Company shall in addition to paying the amount set forth in the Loan Agreement, pay all costs of operation, maintenance, taxes, governmental and other charges which may be assessed or levied agains% or with respect to the Project. (e) The Company will hold the Authority free and harmless from any loss or damage and from any taxes or Other charges levied or assessed by reason of any mortgaging or other disposition of the Project. (f) The Company will take such further action as may be required =~ implement its aforesaid undertakings and as it may deem appropriate in pursuance thereof. ~9] All issuance and counsel fees shall be paid in full at the tlme of ~he sale and delivery of the Bonds, subject to the following: (i) Company has paid an application fee to the Authority in the amount of $2,000; (ii) Company has paid issuer's Counsel $2 500 ~o cover initial services of issuer's Counsel through the seeking cf local government approval. These fees, and any retainers sa,.d as herein provided· shall be credited against ~he Issuance fee and fee of Issuer's and Bond Counsel to be paid at closing. %. General Provisions. Ail commitments of the Authority under Section 2 hereof and of the Company under Section 3 hereof are subject to the conditions that the following events shall have occurred not later than December 31, 1997, or such other date as shall be mutually satisfactory to the Authority and Company: (a) The Authority shall be lawfully entitled to issue the Bonds as herein contemplated. (b) The Authority and Company shall have agreed on mutually acceptable terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and conditions of any trust instrument in respect thereto and Loan Agreement or other agreements incidental to the financing or referred to in Sections 2 and 3 hereof. (c) Rulings satisfactory to the Company and to the Authority as to such matters with respect to the Bonds, the Project, the Loan Agreement and any trust instrument, if specified by the Authority and Ccmpany, shall have been obtained from the Internal Revenue Se~;ice and/or the United States Treasury Department and shall be in full force and effect at the time of issuance of the Bonds. (d) Such other rulings, approvals, consents, certificates of compliance, opinions of counsel and other instruments and proceedings satisfactory to the Company and to the Authority as to such matters with respect to the Bonds, the Project, the Loan Agreement and any trust instrument, as shall be specified by the Company or the Authority, shall have been obtained from such governmental, as well as non-governmental, agencies and entities as may have or assert competent Jurisdiction over or interest in matters pertinent thereto and shall be in full force and effect at the time of issuance of the Bonds. (e) The Company and the Authority each reserve the absolute right to unilaterally cancel chis Preliminary Agreement at any time prior to the time the Bond~ are issued by the Authority ~lpon written notice of cancellation. (f) if the events set forth in chis Section 4 do not take place within the time set forth or any extension thereof, or if the Company cr the Authority exercises its rights of cancellation as -5- set forth in this Section 4, the Company agrees that it will reimburse the Authority fcr all the reasonable and necessa~/ direct or indirect expenses which ~he Authority may incur at the Company's request arising from the execution of this Prelimina~/ Agreement, and the performance by the Authority of its obligations hereunder, including legal fees for counsel to the Authority and Bond Counsel. (~)= The Company acknowledges that the Authority may, during the time this Prelimina~f Agreement is in effect, issue similar "inducement" agreements to other companies for other multifamily projects, and/or may issue bonds or participate jointly with other authorities to issue bonds for single family housing. This Prelimina~f Agreemen~ will create no priority or rights vis a vis subsequent agreements for the issuance of multifamily or single family bonds. 5. Binding Effect. All covenants and agreements herein contained by or on behalf of the Authority and the Company shall bind and inure to the benefit of the respective successors and assigns of the Authority and the Company whether so expressed or not. IN WITNESS WHEREOF, the parties hereto have entered into this Agr_e%ment by their officers thereunder duly authorized as of the day of ~]~dg/~{, 1997. Chairman Colonial Equities, Inc. By: (title] -6- IEFE~E~¢E: 01077,4 574J. 16~-6 ~T[C£ OF MEET:~'~t Before the ~'~ersS~n~ ~,Jthc)r~t%, Per~4Lty Collier ~ty, n~r ~s heretofore ~ c~tl~sLy ~ ~ hm~ ~tter at the ~st office tn N~Les, Jn ~d Collier ~ty, FtorJ~,'for I aert~ Of I year next prec~t~ the ftr~t ~LJC~tJ~ of the fur~er ~s t~t ~ ~Js netthe? ~td ~r pr~ts~ ~ ~r~, f~ or c~rltt~ ~ diet--Cs se~rt~ tht~ ~ert~se~t foe ~btJ~tt~ ffl i ~IBIT B RESOLUTION 97- 467 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING 6,400,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-F~41LY HOUSING REVENUE BONDS, SERIES 1997 (SAXON MANOR ISLES APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. It is hereby found, ascertained, determined and declared that: A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the .Resolution"), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $6,400,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1997 (Saxon Manor Isles Apartments, II) (the "Bonds"). C. A Public hearing was held on the Resolution on December 8,1997 which public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached as Exhibit A, to the resolutions and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. No person spoke or wrote in opposition to the project on the issuance of the Bond1. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt, or a pledge of faith and credit of the Issuer, the County, the State of Florida or any political subdivision thereof, and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shall be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only to the extent provided in the Indenture. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Bonds by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Repealing Clause. Ail resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 1997. day of ~~ (SEAL) ATTEST: Dwight~ ~'2~Br, ock, Clerk Deputy Clerk COLLIER COUNTY, FLORIDA Timothy/L]'~ ~anco'-ck, Chairman /~2/" ".,/ '7' Board/of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: David Weigel County Attorney 97 - 06 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $6,400,000 MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTI FAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND SAXON ,~UiNOR ISLES APARTMENTS II, L.P. A~D PROVIDING AN EFFECTIVE DATE. WHEREAS, Saxon Manor Isles Apartments II L.P. (the "Company" which term shall include its related successors or assigns) has applied to the Housing Finance Authority of Collier County, Florida (the "Authority"), to (i) issue its multifamily housing revenue bonds in a principal amount not to exceed $6,400,000 (the "Bonds") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and W~iER~AS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $6,400,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay ~he principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and ~{HEREAS, the Company has submitted the Preliminary Agreement relating to the issuance of the Bonds; and WHEREA~, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date hereof, which date is 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County, Florida (a true and accurate copy of the proof of publication of such notice is attached hereto as Exhibit A), which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature cf the portion of the Project to be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT~ 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier .County and will thereby serve the public purposes of the Act. 2. Execution and Del£very of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement of even date herewith between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $6,400,000, or (b) the cost of the Project, as determined by the Authority. 3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement, in one or more issues or series in an aggregate principal amount not to exceed $6,400,000 for the purpose of financing the Project described in such 9 Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Recommendation for A~)proval to Board of County Commissioners. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County (the "Board") . The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1976, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of Public Hearing. The form of notlce of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable C '.b~ f'~,'d,~z,,,,,,,,w HOf ~, ~q AX,O~MAk.O'~'JJ...~ WI~ '3-- solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County nor to have estopped the County from asserting any rights or responsibilities it may have in that regard. 11. Bond Allocation. Upon approval by the Board of the issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's Counsel are hereby authorized to execute all necessary documents for obtaining and preserving an allocation from the State Division of Bond Finance pursuant to the Preliminary Agreement. This Resolution shall take effect immediately. ADOPTED this 8th day of December , 1997. HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA (SEAL) By: /s/ Chairman ATTEST: Secretary -4- 57~C7 ~k~ttC( Q~ Ik,.,OLt¢ 11/2] C~,~1~ ~r · Exhibit A to Rcsolution 97-06 RESOLUTION 97-468 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~TY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING 12,750,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1997 (WHISTLER'S COVE APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMiMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. determined and declared that: It is hereby found, ascertained, A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $12,750,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1997 (Whistler's Cove Apartments) (the "Bonds"). C. A Public hearing was held on the Resolution on December 8,1997 which public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached as Exhibit A, to the resolutions and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. No person spoke or wrote in opposition to ~he project on the issuance of the Bonds. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income 9 B taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt, or a pledge of faith and credit of the Issuer, the County, the State of Florida or any political subdivision thereof, and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shall be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only re) the extent provided in the Indenture. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Bonds by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations o~ the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Repealing Clause. Ail resolutions or orders and parts the£eof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ,/~' day of ~ , 1997. (SEAL) ATTEST.; ' ~ '.'t D~ight E. BrOck, Clerk -Deputy Clerk COLLIER COUNTY, FLORIDA Timoth/L. HanSock, Chairman Board'of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: County Attorney 97- 07 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNT"f, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $12,750,000 MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTI FAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODEP. ATE IHCOME; AND FURTHER ALrlq4ORIZING THE EXECUTION AND DELIVERY OF AN AGREEM~-7~T BY AND BETWEEN THE AUTHORITY AND WHISTLER'S COVE, LTD.; AND PROVIDING AN EFFECTIVE DATE. W/{EREAS, Whistler's Cove, Ltd. (the "Company", which term shall include its related successors and assigns) has applied to the Housing Finance Authority of Collier County, Florida (the "Authority"), to (i) issue its multifamily housing revenue bonds in a principal amount not to exceed $12,750,000 (the "Bonds") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or ser~es not exceeding an aggregate principal amount of $12,750,000 and to loan the proceeds thereof available to finance the Froject under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and W74ERE~, the Company has submitted the Preliminary Agreement relating to the issuance of the Bonds, attached hereto; and WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date hereof, which date is 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County, Florida (a true and accurate copy of the proof of publication of such notice is attached hereto as Exhibit A), which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, T}~R~FOR~, DETERMINED AND RESOLVED BY THE HOUSINO FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THATx 1. Approval of the ProJact. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agre~ent. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Prelimina~f Agreement of even date herewith between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $12,750,000, or (b) the cost of the Project, as determined by the Authority. 3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement, in one or more issues or series in an aggregate principal amount not to exceed $12,750,000 for the purpose of financing the Project described in such Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Recommendation for Approval to Board of County Commissioners. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County (the "Board" ) . The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1976, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 8. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Lizmited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable -3- solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. L~mited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County nor to have estopped the County from asserting any rights or responsibilities it may have in that regard. 11. Bond Allocation. Upon approval by the Board of the issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's Counsel are hereby authorized to execute all necessary documents for obtaining and preserving an allocation from the State Division of Bond Finance pursuant to the Preliminary Agreement. This Resolution shall take effect immediately. ADOPTED this 8th day of December , 1997. (SEAL) HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA By: Chairman ATTEST: ~si Secretary/ lq~pLes DatLy Jm~l I~fe~ ~t~ of ~LLfe~ ~tLier ~, FLort~, ~ ~t ~ Mid ~t ~ec~l~ t~ first ~it~tt~ ~ t~ ~e of s~vrt~ Thtl ~rtll~( f~ ~LI~tt~ tn t~ ~td PT~B~ZS~(O C~: lt/ZJ Exhibit A to Rc~iution 97-07 RESOLUTION 97- 469 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~;TY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING 12,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COU};TY MULTI-FAMiLY HOUSING REVENUE BONDS, SERIES 1997 (COLLEGE PARK APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. determined and declared that: It is hereby found, ascertained, A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $12,000,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1997 ( College Park Apartments) (the "Bonds"). C. A Public hearing was held on the Resolution cn December ~,1997 which public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached as Exhibit A, to the resolutions and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. No person spoke cr wrote in opposition to the project on the issuance of the Bonds. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest cn the Bonds will be exempt from federal income taxation under applicable provisions of Section Internal Revenue Code of 1986, as amended. 147(a) of the E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt, or a pledge of faith and credit of the Issuer, the County, the State of Florida or any political subdivision thereof, and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shall be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only to the extent provided in the Indenture. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Bonds by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Repealing Clause. Ail resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AN[) ADOPTED THIS ,, ,/ ~-'~::;:~ 1997. day of ~ (SEAL) ATTEST ~ ' ~' 'J Dw'ight E. Brock, Clerk DePuty'.c~Xerk COLLIER COUNTY, FLORIDA of Collier County, Florida Approved as to form and legal sufficiency: David Weigel ~ County Attorney 97-08 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $12,000,000 MULTIFAMILY HOUS I NG REVENUE BONDS (COLLEGE PARK APARTMENTS) FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FA~4ILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND KENNETH D. GOODMAN, TRUSTEE; AND PROVIDING AN EFFECTIVE DATE. W~4EREAS, Kenneth D. Goodman, Trustee, (the "Company" which term shall include its related successors and assigns) has applied to the Housing Finance Authority of Collier County, Florida (the "Authority"), to (i) issue its multifamily housing revenue bonds in a principal amount not to exceed $12,000,000 (the "Bonds") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housin9 facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority ~]y determine advisable (the "Act"); and WHEREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more i~sues or series not exceeding an aggregate principal amount of $11,500,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and pro.re the purposes provided in the Act; and W~{ERF~%S, the Company has submitted the Preliminary Agreement relating to the issuance of the Bonds; ~nd WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date hereof, which date is 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County, Florida (a true and accurate copy of the proof of publication of such notice is attached hereto as Exhibit A), which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, TIiEREFOR~0 D~I~MIiTED AND RESOLVED BY THE HOU3ING FINANCE AUTHORITY OP COLLIER COUNTY, FLORIDA, THATz 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chair tmon of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement of even date herewith between the Authority and the Company providing understandings relative to the proposed i~suanc~ of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $12,000,000, or (b) the cost of the Project, as determined by the Authority. 3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement, in one or more issues or series in an aggregate principal amount not to exceed $12,000,000 for the purpose of financing the Project described in such -2- Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Recommendation for Approval to Board of County CommissiOners. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County (the "Board" ) . The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1976, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 8. Appointnnent of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable -3- solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. Limited Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County nor to have estopped the County from asserting any rights or responsibilities it may have in that regard. 11. Bond Allocation. Upon approval by the Board of the issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's Counsel are hereby authorized to execute all necessary documents for obtaining and preserving an allocation from the State Division of Bond Finance pursuant to the Preliminary Agreement. This Resolution shall take effect immediately. ADOPTED this 8TH day of December , 1997. (SEAL) HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FX~RIDA /S/ Chairman ATTEST: 151 Secretary ' 9 -B~' S7~7~07 ~tlce of ~tfc ~ttg~ c~y, Ftor~, for ~ ~rt~ or 1 yeer ~ of se~r~ t~Jl ~e~ts~t fop ~e~;~[o ua: 11/23 ~9~7 Exhibit A to Resolution 97-08 RESOLUTION 97- 4?0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING 9,800,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNT'f MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1997 (ARBOR VIEW APARTMENTS) PURSUANT TOCHAPTER 159, PART IV, FLORIDA STATUTES, AS AMENDED. BE IT RESOLVED BY THE BOARD OF CODT~TY CO~4ISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Recitals. determined and declared that: It is hereby found, ascertained, A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"), attached hereto as Exhibit A, with respec% to the issuance by it of not to exceed $9,800,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1997 (Arbor View Apartments) (the "Bonds"). C. A Public hearing was held on the Resolution on December 8,1997 which public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached as Exhibit A, to the resoluticns and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. No person spoke or wrote in opposition to the project on the issuance of the Bond£. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, a~ amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt, or a pledge of faith and credit of the Issuer, the County, the State of Florida or any political subdivision thereof, and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shall be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only to the extent provided in the Indenture. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Bonds by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Repealing Clause. Ail resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED A~;D ADOPTED THIS /~- day of .~ , 1997. (SEAL) ATTEST: Dwight' 0~-.~/~B~ock, Clerk ,'~.~ Deputy C~erk COLLIER COUNTY, FLORIDA Ti~othy~.~'h~n~o~k,-chairman Board df County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: County Attorney 97 -09 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $9,800,000 MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTI FAMILY RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BY AND BETWEEN THE AUTHORITY A~;D ARBOR VIEW, Ltd. ; A/gD PROVIDING AN EFFECTIVE DATE. W'n'EREAS, Arbor View, Ltd. (the "Company", which term shall include its related successors or assigns) has applied to the Housing Finance Authority of Collier County, Florida (the "Authority"), to (i) issue its multifamily housing revenue bonds in a principal amount not to exceed $9,800,000 (the "Bonds") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project"), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and WI{EREAS, a determination by the Authority to issue the Bonds under the Act2, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $9,800,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Company has submitted the Preliminary Agreement relating to the issuance of the Bonds, attached hereto; and WHEREAS, in order to ~atisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date hereof, which date is 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County, Florida (a true and accurate copy of the proof of publication of such notice is attached hereto as Exhibit A), which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom. WMEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTX, FLORIDA, THAT~ 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution ~nd Del£very of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement of even date herewith between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $9,800,000, or (b) the cost of the Project, as determined by the Authority. 3. Authorization of the Bonds. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement attached hereto, in one or more issues or series in an aggregate principal amount not to exceed $9,800,000 for the purpose of financing the Project -2- 9' B~ described in such Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Recommendation for Approval to Board of County Commissioners. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of County Co~nissioners of Collier County (the "Board" ) . The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147 (f) of the internal Revenue Code of 1976, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secreta~/ and counsel for the Authority hereby are further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of ~ublic Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. 8. Appointment of Counlel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel to the Authority in connection with the issuance by the Authority of the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable -3- solely from the revenue pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority and the Company prior to or contemporaneously with the issuance of the Bonds. 10. L{m{ted Approval. The approval given herein shall not be construed as an approval of any necessary zoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of the County nor to have estopped the County from asserting any rights or responsibilities it may have in that regard. 11. Bond Allocation. Upon approval by the Board of the issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's Counsel are hereby authorized to execute all necessary documents for obtaining and preserving an allocation from the State Division of Bond Finance pursuant to the Preliminary Agreement. This Resolution shall take effect immediately. ADOPTED this 8~h day of December , 1997. (SF~%L) HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA By: /s/ Chairman ATTEST: Secretary C~ty of ~ltte~ Afft~t fu~t~ ~s ~t t~ ~td ~t~ ~s t. I ~e ~tt~ ~t ~t~, Iff Mtd · tt~ ~ of ~tl~t; ~ dls~t, r~t., ~tsii~ ~ ref~ ~oe t~ ~ticatt~ tn t~ MId Exhibit A to Resolution 97-09 ° R g,~ O,T.,UTION' 97-471 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUA~NCE OF NOT EXCEEDING 12,010,000 HOUSING FINANCE AUTHORIT'f OF COLLIER COUNT-f r4ULTI-FAMILY HOUSING REVENUE BONDS, SERIES 1997 (WINDCREST/PRESERVE APARTME~FFS) PURSUANT TO CHAPTER 159, PART iV, FLORIDA STATIrrES, ;%$ AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1, Recitals. determined and declared that: It is hereby found, ascertained, A. The Housing Finance Authority of Collier County (the "Issuer") is a public corporation of the State of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the purpose of assisting qualifying housing projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), to provide for the issuance of and to issue and sell its obligations for lawful purposes under the Act. B. The Issuer has submitted to the Board of County Commissioners a copy of its Resolution (the "Resolution"), attached hereto as Exhibit A, with respect to the issuance by it of not to exceed $]2,010,000 Housing Finance Authority of Collier County Multi-Family Revenue Bonds, Series 1997 (Windcrest/Preserve Apartments) (the "Bonds"). C. A Public hearing was held on the Resolution on December 8,1997 which public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached as Exhibit A, to the resolutions and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of %he proposed project and to the issuance of the Bonds. No person spoke ,~r wrote in opposition to the project on th, issuance of the Bonds. D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest cn the Bonds will be exempt from federal income taxati,)n under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amended. E. The Resolution shows that the Issuer has acted in accordance with all applicable requirements of law, and that the issuance of the Bonds will serve significant public purposes as provided in the Act. F. The purpose of the Act will be effectively served, and it is necessary and desirable and in the best interest of the County that the issuance of the Bonds be approved by the Board of County Commissioners. G. The Bonds shall not constitute a debt, or a pledge of faith and credit of the Issuer, the County, the State of Florida or any political subdivision thereof, and neither the Issuer, the County, the State of Florida nor any political subdivision thereof shall be liable thereon; nor in any event shall the Bonds be payable out of any funds or properties other than those of the Issuer, and then only to the extent provided in the Indenture. No member of the Board of County Commissioners or any officer thereof shall be liable personally on the Bonds by reason of its issuance. Section 2. Approval of Issuance of the Bonds. The issuance of the Bonds as contemplated by the Resolution is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but not limited to, the County's Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 3. Repealing Clause. Ail resolutions or orders and parts thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED ~{D ADOPTED THIS '..~- day of ~ , 1997. (SEAL ATTEST: ~wigh% E, Brock, Clerk Deputy Cl['rk co~ co~?~, F~o~ ~ Collier Count:y, Florida (SEAL) ATTEST: ~ight E~ Brock, Clerk Deputy Cl~rk COLLIER COUNTY, FLORIDA T~m~thy~. ~anco~k, ~hairman Board of County commissioners of Collier County, Florida Approved as to form and legal sufficiency: David Weigel ~.~ County Attorney 9 B 97. I0 RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING FINANCE AUqq{ORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO THE ISSUANCE OF NOT TO EXCEED $12,010,000 MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND EQUIPPING MULTI FAMILy RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERy OF A~; AGREEMENT BY AND BE~EN THE AUTHORITY AND WINDCREST/PRESERVE, LTD.; AND PROVIDING AM EFFECTIVE DATE. W~EREAS, Windcrest/Preserve, Ltd. (the "Company. which term shall include its related successors and assigns) has applied to the Hou,ing Finance Authority of Collier County, Florida (the "Authority.), to (i) issue its multifamily housing revenue bonds in a principal amount not to exceed $12,010,000 (the "Bonds") for the purpose of financing the acquisition, construction, equipping and development of multifamily residential housing facilities for persons or families of low, middle or moderate income to be located in Collier County (the "Project.), and (ii) to loan the proceeds of the Bonds to the Company pursuant to Chapter 159, Part IV, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act"); and W~EREAS, a determination by the Authority to issue the Bonds under the Act, if so requested by the Company, in one or more issues or series not exceeding an aggregate principal amount of $12,010,000 and to loan the proceeds thereof available to finance the Project under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Company and promote the purposes provided in the Act; and WHEREAS, the Company has submitted the Preliminary Agreement relating to the issuance of the Bonds; and WH~R~, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the Authority held a public hearing on the proposed issuance of the Bonds for the purposes herein stated on the date hereof, which date is 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County, Florida (a true and accurate copy of the proof of publication of such notice is attached hereto as Exhibit A), which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on both the issuance of such Bonds and the location and nature of the portion of the Project to be financed with the proceeds therefrom. WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations. IT IS, T~EREFORE, DETEltM/NED AND RESOLVED BY THE HOUSING FINANCE AUTHORITY OF COLLIER COUNT"f, FLORIDA, THAT~ 1. Approval of the Project. The acquisition, construction, equipping and development of the Project and the financing thereof by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the health and welfare of the citizens of Collier County and will thereby serve the public purposes of the Act. 2. Execution and Delivery of Preliminary Agreement. The Chairman or Vice-Chairman of the Authority hereby are authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement of even date herewith between the Authority and the Company providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the Project in an aggregate principal amount not to exceed the lesser of (a) $12,010,000, or (b) the cost of the Project, as determined by the Authority. 3. Authorization of the Bonds. There is hereby authorized to be_ issued and the Authority hereby determines to issue the Bonds, if so requested by the Company and subject to the conditions set forth in the Preliminary Agreement, in one or more issues or series in an aggregate principal amount not to exceed $12,010,000 for the purpose of financing the Project described in such -2- Preliminary Agreement. The rate of interest payable on the Bonds shall not exceed the rate permitted by law. 4. Recommendation for Approval to Board of County Co .....~ssioners. The Authority hereby recommends the issuance of the Bonds and the financing of the Project for approval to the Board of County Cou,~,issioners of Collier County (the "Board") . The Authority hereby directs the Chairman, Vice-Chairman or Issuer's Counsel, either alone or jointly, at the expense of the Company, to seek approval for the issuance of the Bonds and the financing of the Project by the Board as the applicable elected representatives of Collier County under and pursuant to the Act and Section 147(f) of the Internal Revenue Code of 1976, as amended. 5. General Authorization. The Chairman, the Vice-Chairman, the Secretary and counsel for the Authority hereby are further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required and necessary in order to cause the Authority to issue the Bonds subject to the terms and conditions set forth in the Preliminary Agreement authorized hereby. 6. Affirmative Action. This resolution is an affirmative action of the Authority toward the issuance of the Bonds, as contemplated in said Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 7. Approval of Notice of Public Hearing. The form of notice of public hearing attached hereto as Exhibit "A" is hereby approved and the publishing thereof ratified by the Authority. B. Appointment of Counsel. The Authority appoints Nabors, Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel to the Authority in connection with the issuance by the Authority cf the Bonds. The firm of Donald A. Pickworth, P.A., Naples, Florida is the duly appointed Issuer's Counsel. 9. Limited Obligations. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable C ,M~tr~b~'~.NO~A,WL'4D(~.~.TJ~E~H%'bl %TD '3- solely from the revenue pledged therefor pursuant to a loan agreement or other financ~ng agreement entered into by and between the Authority and the Company prior to or contemporaneously w:tk the issuance of the Bonds. 10. Limited Approval. The approval given herein shall nc~ be construed as an approval of any necessary zoning appllcat~ons nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption cf =h~s resolution to have waived any right of the County nor estopped the County from asserting any rights or respons:b:i:t:es it may have in that regard. 11. Bond Allocation. Upon approval by the Board of the issuance of the Bonds, the Chairman, Vice-Chairman or Issuer's Counsel are hereby authorized to execute all necessary documents for obtaining and preserving an allocation from the State Division of Bond Finance pursuant to the Preliminary Agreement. This Resolution shall take effect immediately. ADOPTED this 8th day of December , 1997. (SEAL) HOUSING FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA By: /s/ Chairman ATTEST: I~I Secretary State of FLort~ ~ttf~ ~, PrisM, ~ ~t tM Mid ti z.~ee.M L Exhibit A to Resolution 97-10 IOA RESOLWrION NO. 97-472 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD. WHEREAS, the Parks and Recreation Advisory Board was created on November 25, 1975, and was composed of five (5) members; and WHEREAS, the Board of County Commissioners, on October 25, 1993, adopted Ordinance No. 93-81 which increased the membership from five (5) members to seven (7) members; and WHEREAS, there are currently two (2) vacancies on this Board under the Urban Area Community Park District category; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. John Gfice is hereby appointed to represent the Urban Area Community Park District for a four year term, said term expiring December 31, 2001. 2. Timothy M. Blackford is hereby reappointed to represent the Urban Area Community Park District for a four year term, said term expiring December 31, 2001. This Resolution adopted after motion, second and majority vote. DATED: December 16, 1997 ATTEST: .!'/ ... Approved ~ ~o fo~ and le~l su~ciency: BOARD OF COI3NTY COMMISSIONERS COLLIER COUNTY, FLOR/DA BY:T~MOTHY,~:'HAN'COCY~, CH~AIRMAN David C. Weigel County Attorney RESOLUTION NO. 97473 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE. WHEREAS, Ordinance No. 93-76, as amended, creating the Collier County Development Services Advisory Committee, provides that the Committee shall consist of fifteen (15) members that are residents of Collier County and include representatives from such groups as architects, general contractors, residential or builder contractors, environmentalists, land planners, land developers, landscape architects, professional engineers, utility contractors, plumbing contractors, electrical contractors, structural engineers, and attorneys; and WHEREAS, there are currently five (5) vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Development Services Advisory~ Committee has provided the Board of County Commissioners with their recommendations for appointment and reappointment; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. R. Bruce Anderson, representing the category of attorney, is hereby reappointed to the Collier County Development Services Advisory Committee for a four (4) year term, said term to expire on December I4, 2001. 2. Charles Morgan Abbott, representing the category of general contractor, is hereby reappointed to the Collier County Development Services Advisory Committee for a four (4) year term, said term to expire on December 14, 2001. 3. Herbert Rosser Savage, representing the category of architect, is hereby reappointed to the Collier County Development Services Advisory Committee for a four (4) year term, said term to expire on December 14, 2001. 4. David Correa, representing the category of court clerk, is hereby appointed to the Collier County Development Services Advisory Committee for a four (4) year term, said te~m to expire on December 14, 2000. 5. Daficnc Koon~z, representing the category of secrcta~a] support business, is hereby appointed to thc Collier County Development Service~ Advisory Committee to fulfill the remainder of the vacant term, said term lo expire on December 14. 2000. This Resolution adopted after motion, second and majority vote. DATED: December 16, 1997 ATTEST: .,DWIGHT E..BROCK, CLERK Approved aa to form ~-~d legal sufficiency? BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA David C. Weigel -" ~) County Attorney lX:W/kn 10C RESOLUTION NO. 97-474 A RESOLUTION APPOINTING KATE L. WARNER TO TIlE HISPANIC AFFAIRS ADVISORY BOARD. V~EKEAS, Collier County Ordinance No. 91-37, creating the Hispanic Affairs Advisory Board, provided that the Advisory Board shall consist of seven (7) members; and WHEREAS, Collier County Ordinance No. 91-78 amended Ordinance No. 91-37 by providing that the Advisory Board shall consist of nine (9) members; and WHEREAS, there is currently a vacancy on this Board; and WHEREAS, the Board of County Commiasioner~ previously provided public notice soliciting applications from interested parties; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Kate L. Warner is hereby appointed to the Hispanic Affairs Advisory Board to fulfill the remainder of the vacant term, ~xid term to expire on June 25, 2001. This Resolution adopted after motion, second and majority vote. DATED: December 16, 1997 DWIGHT F~BROCJ(, CLERK ' "~:~"~5'/ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA T~MOTHY L,L,L~ANCbCK, ~HAIRMAN Approved as to form and legal sufficiency: David C. Weigel ' ~2 County Attorney ADV BDgkn ,I. UU R~OLUTION NO. 97-475 RESOLUTION APPOINTING MEMBER3 TO THE ISLE OF CAPRI FIRE CONTROL DISTRICT WHEREAS, Collier County Ordinan~ No. 78-49 created an advisory committee for the Isle ofCapr/Fire Services Tax District; and WHEREAS, Ordinance No. 7849 pmvid~ that the advisory committee shall consist of three to five member~; and WHEREAS, the tm, of two (2) m~nb~r~ will expire on December 31, 1997, creating vacancie~ on this board; and WI-IEREAS, the Board of County Commi~ionem previo~ly provided public notico ~oliciting applications bom inter.ted pattie*; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Charle~ "Dexter" Colvin meets the prer~quisite~ for appointment and is hereby appointed to the Isle. of Capri Fire Control District Advi~:ny Committee for a two year term, said term to expire on December 31, 1999. 2, Chris Xigogianis me. eta the prer~ui~it~ for appointment and is hereby appointed to the Isle* ofCapr/Fire Control District Advisory Committee for a two year term, ~aid term to expire on December 31, 1999. This Resolution adopted after motion, ~cond and majority vote. DATED: December 16, 1997 A ,TTEST:U 3 trt)' O' DWIGHT-E~"BR~, Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA David C. Weigel [-9 -- County Attorney RESOLUTION NO. 97-476 A RESOLUTION APPOINTING MICHAEL D. JERNIGAN TO THE BOARD OF DIRECTORS OF THE HEALTH PLANNING COUNCIL OF SOUTHWEST FLORIDA, INC. WHEREAS, the Board of County Commissioner received notification from the Health Planning Council of Southwest Florida, Inc., that th~r~ is currency a vacancy to be filled by the Collier County Commission; and WHEREAS, a pre~ rel~ts~ was iasued by council soliciting applications for appointra~t; and WHEREAS, the Executive Director of the Health Planning Council of Southwe-~t Florida, Inc., has ~ubmitted its leaer of recommendation to the Board of County Commissioners; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER, COUNTY, FLORIDA, that Michael D. Jernigan is hereby appointed to the Board of Dir~or~ of the Htalth Planning Council o£Southwest Florida, Inc., to fulfill the remainder of the vacant term, said tta'm to ~pir~ on September 30, 1998. This Resolution adopted after motion, ~mond and majority vote. DATED: December 16, 1997 Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY ~L4OCK, CHAIR31AN David C. Weigel ff.) County Attorney DCW&n 10G ' RESOLUTION NO. 97-477 A RESOLUTION APPOINTING I~/ARY NELSON TO THE MARCO ISLAND BEACH RENOURISHMENT ADVISORY COMMErTEE. WHEREAS, Collier County ordinance No. 86-91 created the Marco Island Beach RenouHahrnent Advisory Committee and provides that thc committee shall be composed of nine (9) members with r,zpre~"ntation on the committee t~ be approximately one-half from co~ps or condominium associations and approximately one-half from single-family r~idential areas of thc Marco Island Beach Renonrishment and Public Ac. ce~ Municipal Service Taxing Unit; and WHEREAS, there is currently a vacancy on this committee; and WHEREAS, thc Board of County Commiuioners previously provided public notice soliciting applications from intzres~ parties; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, th~ Mary Nelson is hereby appointed to the Marco Island Beach Rcnonrishmcnt Advisory Committee to fulfill the remainder of the vacant term, said term to expire on August 26, 2001. This Resolution adopted after motion, ~cond and majority vote. DATED: December 16, 1997 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~MOTHY VHANC~ ~ David C. Wcigcl ~ County Attorney EX2W/kn iOH RESOLUTION NO. 97-478 A RESOLUTION REAPPOINTING CHERYLE L. NEWMAN TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 87-78, as amended, confirmed the creation of the Golden Gate Beautification Advisory Committee and provides that the committee shall b~ composed of five (5) members; and WHEREAS, there is currently a vacancy on this committee; and WHEREAS, the Board of County Commissionera pr,m,'iously provided public notice soliciting applications from interested parties; NOW, TltEREFORE, BE IT RF~OLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Cheryle L. Newman is hereby reappointed to the Golden Gate Beautification Advisory Committee for a four year term, said term to expire on October 6, 2001. This Resolution adopted after motion, second and majority vote. DATED: Decembcr 16, 1997 ATI?.ST:,; DWIGHT E. BROCK, CLERK r. Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L.<HANC'0CK, CHArRMAN David C. Weigel '"'- ~) County Attorney DCW/kn COLLIER COUNTY FLOR/DA REQUEST FOR L£GAL ADVeRT/SING OF PUBLIC II£ARINGS To: Clerk to the Board: Plea~e place the followfng as a: XXX Normal lcg'~l AdvertiSement Name ~ Add~ ofa~ ~n(s) Io V~ Vn ~n ~ ~ nofifi~ ~ Clc~'s 0~: (If more space is n~dcd, a[mch ~te ~) ~~cnle~ ~. ..... j . . . Hinting ~fom ~ BCC BZA ~hcr Ba~d on advenJ~mcnt ap~dng 15 ~)'s ~fo~ N~pa~s) to ~ u~: (Compte~c only if im~n0: ~ NapJ~ Daily N~s Proud Text' (l~lude ' ' ~ ~. h~,-~ q~JJy R~uJr~ A ' n n 'n ' mmon J~on ~ SJ~. ' · Vinm. 9f Vi.~ ~' ' ' ' A · · r f · 7 ~zz rn Companion ~tifion(s), J/any & pro~ ~dng D~s Pefidon F~ include adveflising c~? ~ ~ No if Yes. whal aC~unl should ~ charged for adveflising ~s: 1J3-13~323~9110 ~sion H~d ~,.,~, ,,. Li~ AUachmcn~s: e -~,.. Date Counu Manager Da~e ~ For hearin~ befo~ BCC or B~: InJlJat/n~ ~n to complete one coy and obtain Dh'i~ion Ilead aPp~val befo~ mbmltt/ng to County Manager. Note: If I~al d~ument i~ ln~Jved, ~ mm that any for same, l~ ~bmhted to C~nty Atto~ey ~om mbmlulng to County Manager. ~e Manager'~ o~ce will di~Hbute copie~: ~ C~nty Manager agenda ~le: to ~ Requesting DiW~ion Cle~'s O~ce ~ OHginal B. ~r h~dnf~: Initiating DJx~sion h~d to apprm,c and ~bmit od~l to Clerk's O~, ~taJning a ~ for FOR CLERK'S OF~CE USE ONLY: ********************************************************************* Date ~: 120 i11111111111111111111111111111111111111111111111111111111111111 iiii1111111111111111111111111111111111111111ii11111111111111111 1 -~ 10:01 1~1L~02'33 I~t'01'55 (8~) 77&-8408 774-8606 I?:Lme, sent: ~:,~~. 120 1 November 25, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition DOA-97-2 Dear Judi: Please advertise the above referenced notice one time on Sunday, November 30, 1997, 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 120-'1 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, DECEMBER 16, 1997, 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 No. DOA-97-2, William R. Vines, of Vines & Associates, Inc., representing Richard K. Bennett, Trustee, Nations Bank, Land Trust #5222 for an Amendment to the Twelve Lakes Development of Regional Impact (DRI) Development Order 87-1, Resolution 87-110, as amended, for the purpose of reducing the number of authorized dwelling units from 1310 to 1000 and reducing the amount of commercial floor space from 160,000 to 112,500 sq. ft., revising the date by which Time Significant Physical Development was to have commenced; Date prior to which no down zoning action could occur; Amending Transportation Conditions and revising the Phasing Schedule for property located on the north side of Davis Boulevard which extended North to Radio Road in Section 4, Township 50 South, Range 26 East, 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 120 November 25, 1997 14r. William R. Vines Vines & Associates, Inc. 800 Harbour Drive Naples, FL 34103 Re: Public Hearing to Consider Petition DOA-97-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, Nove~er 30, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12. C'"1 ' November 25, 1997 Mr. Steven Atkins, Planner Development of Regional Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Re: Public Hearing to Consider Petition DOA-97-2 Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure November 25, 1997 Mr. Daniel Trescott, DRI Coordinator Southwest Florida Regional Planning Council P. O. Box 3455 North Ft. Myers, FL 33918-3455 Re: Public Hearing to Consider Petition DOA-97-2 Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12C"1 11-24-97 RESOLUTION NUMBER DEVELOPMENT ORDER A RESOLUTION AMENDING DEVELOPMENT ORDER 87-1, AS AMENDED, FOR THE TWELVE LAKES DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING FOR: SECTION ONE AD AMENDING THE PHASING SCHEDULE BY EXTENDING THE TIMES FOR COMPLETION OF EACH PHASE AND REDUCING THE NUMBER OF UNITS IN EACH PHASE; SECTION ONE B, AMENDING OTHER SECTIONS WITHIN THE DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR COMMENCEMENT OF CONSTRUCTION AND PERIOD OF TIME EXEMPT FROM DOWN-ZONING; SECTION ONE C, AMENDING SECTION 3, TRANSPORTATION, TO UPDATE ITS PROVISIONS; SECTION TWO, FINDINGS OF FACT WHICH INCLUDES A REDUCTION IN COMMERCIAL DEVELOPMENT INTENSITY; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMI3-rAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved development Order 87-1, which approved a Development of Regional Impact (DRI) known as Twelve Lakes on February 10, 1987; and WHEREAS, as a result of changes requested by the Department of Community AIfairs, the Board of County Commissioners approved Resolution Number 87-110, which amended the Twelve lakes Development Order, on May 17, 1987; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of the DRI property desire to: 1. Extend the date by which physical development is to begin. 2. Modii'y the project phase dates. 3. Extend the dates until which down-zoning, density reduction, or intensity reduction shall not occur 4. Reduce the permitted residential and commercial development intensity, and to 5. Update the Transportation Conditions; and WHERE,.c. William R. Vines, of Vines and Associates, Inc., representing Words ~.~'~ are additions; Words struck [~,~Ou~h are deletions. R~c'tmrd K. Bennett, Trustee, NetlonsBank Land Trust 115222, petitioned the Board of County Commissioners of Collier County° Florida to amend the Development Order; end WHEREAS, the Collier County Planning Commission has reviewed and considered the report end recommendations of the Southwest Florida Regional Planning Council (SWFRPC} and held public hearings on the petition on September 4, 1997 end November 20, 1997, and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning, Commission end held a public hearing on the petition on December 16, 1997. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDE~ A. The Phasing Schedule of the Application for Development Approval, Exhibit "B' to the Development Order 87-1, as amended, for Twelve Lakes is hereby emended to reed es follows: Total Phew0 Dur~tio~ DJa:~ ~ Buildou~ To~l I,~i0~ 11,25' Note: Each of the above listed phase end dates terminate on E)e~"emb~r 30A~i~(i~.~ of the listed year. B. Paragraph 3 and Paragraph 7 of an untitled Section of Development Order 87-1, as amended, for Twelve Lakes Is hereby emended to read as follows: Words ~ ere additions; Words It~ are deletions. 3. The Development Order shall remain In effect for the duration of the project. However, in the event that significant physical development has not commenced within Collier County wlthln ;~r. {~04~t,~~ years, development approval will terminate and this Development Order shall no longer be effective· For purposes of this requirement "significant physical development' does not include roads, drainage or landscaping but does Include construction of buildings or Installation of utilities end facilities such es sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. 7. The Board of County Commissioners agrees that this project shall not be subiect to down-zoning, until denslty reduction or Intensity reduction for a period of tef'm(--l~~.~ years from the date of approval of this project, unless the local government can demonstrate that substantial changes In the conditions underlying the approval of the Development Order was based on substantially Inaccurate information provided by the Developer, or that the change is clearly established by local government to be essential to the public health, safety or welfare. C. Section 3, 'Transportation', of Development Order 87-1, as amended, is hereby amended to read es follows: 3. ]'~: Traffic generated by Twelve Lakes DRI, when combined with other growth In the area, will necessitate Improvements to SR ~ If gl~j~j~t§~ level of service ~ conditions are to be maintained. ~gionel ~onditions~ T~I~'{¢~[~,~¢DR~ The applicant shall be required to pay its ~b¢6Nld~'~td?iHb~6f6Fg~B~t for any intersection Improvements (including but no~ limited to slgnaflzation, turn lanes and addltlonal through lanes) found to be necessa~ by the Collier County Transportation Department or the Florida Depa~ment of Transpodatlon Words a~d~ are additions: Words ~4 ;hrou¢~ are deletions. 3 for the prolect's access Intersections onto Davis Boulevard ~ throughout sll phases of the development, I Adequate commitments shall be mede ~i]~[~'i~ to provide the total Improvements, including ~ rlght~f.~y, signalization, turn lanes, and other Improvements ~nn~ ~,.~ d~.F ~;~, on the roadways and Intersections significantly impacted by this DRI develop~nt through Its bulldout. , ~e following roadways and In~ersectlons are expected to be ~~O!~ea~tl~ Impacted by this development ~ buildout' ~Roadways: SR84 ~Davis Airport-Pulling Road to Kings Way Kings Way to County Barn Road - County Barn Road to Santa Barbara Boulevard Santa Barbara Boulevard to Twelve Lakes south entrance Twelve Lakes south entrance to Radio Road to (CR 951J Isles of Capri Road Santa Barbara Boulevard to Twelve Lakes Entrance '" T¥.~.G La~ F_.r,~,~ · County Ba~ Davis Boulevard to Rattlesnake Hammock Road Words 8~i:1;~. are additions; Words ~ are deletions. 4 12C 1 Intersections: Davis Boulevard at CR 951 Davis Boulevard at Radio Road Davis Boulevard at Santa Barbera Davis Boulevard at County Barn Road Davis Boulevard at Kings Way Davis Boulevard at Airport-Pulling Reed Airport-Pulling Road at Radio Road Radio Road at Kings Way Radio Road at Santa Barbara :Fife timing for the initiation of the improvements outlined in recommendations 'b' above shall be made at the time that a road segment/intersection is found to exceed [~ level of service Service level determination shaft be made by the aPpropriate County Department or FDOT. To determine the existing levels of service on regions/facilities and the need for the Improvements in a timely manner, the applicant shall submit an annual monitoring report to the Collier County Transportation Department, f~[~l~l~~,.~~l~.l~, A. ff~i~{D.~lJ FDOT and the Southwest Florida Regional Planning Council for review. The first monitoring report shall be submitted one year after the Issuance of the pen'nf~ for Twelve Lakes· Reports shell be submitted annually until buildout of the project· At a minimum, this report shall contaJn,~ Words j...~ are additions; Words ;tr..ok ;.,~,,'~,~h are deletions. The purpose of the monitoring repoa shall be to indicate when add,ted LOS ~ Is expected to be exceeded on impacted roadways and/or intersections and to provide ~pdated information to more accurately forecast pro}ecl buJJdout traffic and total traffic for determination of proportional share and to show the significance of impact of the Da[ on the impacted roadways. Based on the staff transportation assessment, construction o~ the following road improvements ~E~taBl~m~lt~f~tlg~ shall be needed prior to, or coincident with, the development of Twelve Lakes DRI ]E~t~B level of se~ice ~ conditions are to be maintained Regiona~ Roadways (inc[udlng intersection Improvementsj Phase I ~ 1992~20028~) Phase II (1993~200489--t-99-2) Phase III (1994-20069-1-,--1-994) SR 84 IOavis Blvd. I Words ~h§i:Jii~l are additions; Words stct~k-~d.m:rog~ are deletions. No significant improvements due to Twelve Lakes DRI are anticipated. No significant segmerrt improve- ments due to Twelve Lakes DRI are anticipated. Widen to fcJiJrsl-x lanes with a median from Airport-Pulling Road County Barn Road. Widen to four lanes with a median from Radio Road to SR 84 (Davl3 Blvd.} 961. Widen to four lanes with a median from jJJjj~j erltr~l-tc~ '"~"'~'o Phase VI County Barn Road Wordl ~1 are additions; Wo~ds iln=cf~==gh ara deletions. Words t~i~ ere additions; Words ~ are deletions, h~ If~ny Of tJfid.'i'0ad segmehti.,,li~htlfl~id~lfi[thl~ifiSai, egraph(3;b; becom~ In addison to the proVtsions, df~e:Cdlll~[~C~dn~APF O~dinance: t, ~e TWelve L~ke~ Develd~ht~'~f R~gl0~al'lmpa~t/s subject tO id: th~. APF Words ~E~iJ~d are additions; Words ~ are deletions. iv[ For purposes bf. thrU: and th~'~h~E~-~d~t~ b~e~ fil~~ Words ~h§~§d are additions; Words ~ are deletions. 10 ao The developer shall be bound by the phaslng schedule In the ADA Insofar es It calls for the development to proceed et-thef~-~fft north s'~fe (tf§~(itj-ffNg near Radio Rb~dP, ad;o) and not provide Boulevard i~iibttod~l~bffi~i~raf~ .... access to Davis - ......... ,,, , ~--~-wnase All parcels abutting the main collector road and having direct access to it shall have self contained turn around areas or circular driveways so as not to require vehicles to be backed into the right-of-way. The residential sites located along the principal street between Davis Boulevard and Radio Road should be limited to the number of driveway access points (maximum of one drive every two hundred feet). (The proposed layout could possib[y permit one drive every 40 to 60 feet on a collector streetJ c. The main collector road shall be constructed to collector road standards as provided in the Subdivision Regulations. ~f:c ........ ~J~.. The developer shall provide between 20 and 35 feet of additional right. of-way (the exact amount to be determined when right-of-way permits ere applied foal along the south side of Radio Road and the north side of Davis Boulevard for drainage improvements, bike paths and appropriate turn lanes to serve the project. ~.. These improvements (b-de above) are considered "site related" as defined in Ordinance 92-22, as amended, and shall not be applied es credits toward any impact fees required by that ordinance. figs. A sidewalk/bike path should be provided aJong the entire frontage of Davis Boulevard and Radio Road. Subject to FDOT approval, the developer shall provide a sidewalklblke path within the right-of-way end abutting the south/north boundary of the property. If existing right-of- way Is not adequate for construction of said sidewalk/bike path, as determined by the County Engineer and/or FDOT, the developer, his successors or his assigns shall provide such right-of-way or easement as is necessary. Sidewalk/bike path will not be required until a sidewalk/bike palh network is existing and provides pedestrian/bicycle transportation to useful places within the area es determined by the County Engineer· Construction of the sidewalk/bike path will not be required by the developer If it Is constructed es part of FDOT's Words ih[i~l~i~ are additions; Words ~ are deletions. 11 128 Improvements to Davis Boulevard (SR-84). Prior to approval of the final phase of construction, If the $1dewalkPolke path has not bean constructed, the developer shall provide the necessary rlght-of-~,vay or easement and, at his option, construct the sldewallu"olke path, or post a bond in the amount deemed necessary by the County Engineer to insure the sidewalk/bike path will be constructed, or make payment to the County for the cost of sidewalk/bike path Improvements at the current cost of construction as determined by the County Englneer. If the latter is chosen~' the County would then be responsible for construction as part of a County-wide program. A street connection shall ba provided to the west property line to connect to Sabal Lakes PUD along the north half of the west property llne {approxlmately 1,900 feet south of Radio Road! as shown on the PUD Master Plan. The streets shall be public. A buffer and additional rear-yard setback shall be provided along those lots abutting Davis Boulevard and Radio Road. SECTION TWO: FINDINGS OF FA~21_ A. That the real property which is the subject of the proposed amendment Is legally described as set forth in Exhibit A, attached hereto and by reference made · part hereof. B. The application Is In accordance with Section 380.06~19~, Florida Statutes. (2. The applicant submitted to the County a Notice of Change to Previously Approved DRI known as Exhibit B, and by reference made a part hereof. D. The applicant proposes the development of Twelve Lakes on 262.33 acres of land for a residential and commercial development which includes 1,000 dwelling units on 110 acres, 112,500 square feet of leasable commercial floor area on 11.25 acres, and approximately 141 acres of other uses, including parks/open space, golf course and associated facilities, wetland preserve and lakes. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRP(2. F. The development is not in an area designated an Area of Critical State concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. Words [I~'~ are additions; Words ~ ere deletions. 12 G. The proposed changes to the previously approved Development Order fall within the parameters for extensions of bulldout pursuant to Subsection 380.06( lO](e12., Florida Statutes. ~'TION THRFF~ CONCLUSIONS OF A. The proposed changes to the previously approved Development Order do not constitute a substantial devlatlon pursuant to Section 380.06(19}, Florida Statutes. The scope of the development to be permitted pursuant'to this Development Order Amendment Includes operations described in the Notice of Change to a Previously Approved DRI, Exhibit B, attached hereto and by reference mede a part hereof. B. The proposed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved development wiil not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order ere consistent with the State Comprehensive Plan. A. Except as amended hereby, Development Order 87-1 shall remain In full force and effect, binding In accordance with its terms on ell parties thereto. B. Copies of this Development Order shall be transmitted Immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management; and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect es provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded In the minutes of Words ~ are additions; Words ~ are deletions. 13 thll 8oerd. This Resolution adopted after motion, second end majority vote. Done this _ day of BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY Words ~ ers additions: Words ~ are deletions. 14 Nepte~ I~ly Neve Affidavit of Publication BOARD Of CCXJNTY COfqlIqlS$1GNERS ATTN: NAN~Y SALO~g, J8 PO Bo~ ~1~016 NAPLES FL 34101-3016 REFERENCE: 0C)12~0 8005S1 576018~5 NOTICE OF Jl~l~LIC ~ State of FLortda Count), of Collier Before the un, reigned muthortty, perKeitLy appeared B. Le~b, w~o on oeth says that ~he ~ as the Assistant Corporate Secretary of the Dally Nev~, a deity ~speper published at in Collier Cmanty, FLorida: that the copy of tha advertising ~ms published t/'1 laid nevspeper on dates Listed. Affiant further mays that the maid N~)[eJ I)atLy Collier County, FLorida, and that the maid newpeper has heretofore been centtnuo~ty published in laid Collier Gouty, FLorida, dr/ and has been entered ·e second ctsma letter ·t the poJt office t/.1 Neptla, tn matd Collier County, FLorida, for ·pertoc$ of 1 yeee next preceding the first Pubtlt~tton of the attached cc~y of edverttmaaent; and affiant further says that she has neither paid not promised any per.n, fire or a~,~retlon any dtlcount~ rebate~ coeetaiton er r~fund foe the purpose of securtng this edverttmemant for Publication tn the matd PUBLISHED 0~: 11/~0 AD SPACE: 82.000 INCH FXLfD Oel: 11/~/9T Signature of Affiant/-~ Suorn to and Subscribed before se this ~- day of _~c:~ PersonaLLy kno~ by Be Dwlf. ht E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT ¢Ottl~ COONW ~ I~ R. OffiDA 34101.a0~1. 1201 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS December 19, 1997 I~L~. Daniel Trescott, DRI Coordinator Southwest Florida Regional Planning Council P. O. Box 3455 North Ft. Myers, Fl. 33913 Re: Resolution 97-479/Development Order 97-5, re Twelve Lakes Development Dear Mr. Trescott: Transmitted herewith is a certified copy of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, December 16, 1997. Very truly yours, D~IGHT E. BROCk, CLERK ~closure Dwight E. Brock Clerk ~ounty ot ~;oilter CLERK OF THE CIRCUIT COURT CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONER~ December 19, 1997 Mr. J. Thomas Beck Department of Co~m~unity Affairs Bureau of Land and Water Management 2740 Centerview Drive Tallahassee, FL 32399 Re: Resolution 97-479/Development Order 97-5, re the Twelve Lakes Development Dear Mr. Beck: Transmitted herewith is a certified copy of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, December 16, 1997. Very truly yours, ~DWIGH~ E. BROCK, CLERK ~ a~'i.ne, Deputy Clerk Enclosure 12(;1 12-16-97 RESOLUTION NUMBER DEVELOPMENT ORDER 97-479 97-5 A RESOLUTION AMENDING DEVELOPMENT ORDER 87-1, AS AMENDED, FOR THE TWELVE LAKES DEVELOPMENT OF REGIONAL IMPACT {DRI), BY PROVIDING FOR; SECTION ONE A, AMENDING THE PHASING SCHEDULE BY EXTENDING THE TIMES FOR COMPLETION OF EACH PHASE AND REDUCING THE NUMBER OF UNITS IN EACH PHASE; SECTION ONE B, AMENDING OTHER SECTIONS WITHIN THE DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR COMMENCEMENT OF CONSTRUCTION AND PERIOD OF TIME EXEMPT FROM DOWN-ZONING; SECTION ONE C, AMENDING SECTION 3, TRANSPORTATION, TO UPDATE ITS PROVISIONS; SECTION TWO, FINDINGS OF FACT WHICH INCLUDES A REDUCTION IN COMMERCIAL DEVELOPMENT INTENSITY; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved development Order 87-1, which approved a Development of Regional Impact (DRI) known as Twelve Lakes on February 10, 1987; and WHEREAS, as a result of changes requested by the Department of Community Affairs, the Board of County Commissioners approved Resolution Number 87-110, which amended the Twelve lakes Development Order, on May 19, 1987; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of the DRI property desire to: 1. Extend the date by which physical development is to begin. 2. Modify the proiect phase dates. 3. Extend the dates until which down-zoning, density reduction, or intensity reduction shall not occur 4. Reduce the permitted residential and commercial development intensity, and to 5. Update the Transportation Conditions; and WHEREAS, William R. Vines, of Vines and Associates, Inc., representing Words ~h'~ are additions; Words ~t~ .... ~-- - u,.,. ~,,,uu~h are deletions. Richard K. Bennett, Trustee, NationsBank Land Trust #5222, petitioned the Board of County Commissioners of Collier County, Florida to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held public hearings on the petition on September 4, 1997 and November 20, 1997, and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and held a public hearing on the petition on December 16, 1997. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: ~ECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. The Phasing Schedule of the Application for Development Approval, Exhibit "B" to the Development Order 87-1, as amended, for Twelve Lakes is hereby amended to read as follows: Total Please D_uca/JoJ3 Dwelling Units C&~:t~F, JA[_ALP~ I ~'~Q2~ 2G~25.0 0 H ~2,0103~2.0~ --2e-725o o III ~~Q05~2006 ~012'Q0 11.25 v ~2009~20.~0 ~O~ !50 0 Buildout Total ;,31CT;0~ 11.25 Note: Each of the above listed phase end dates terminate on D~-ntmf-SeMaY.i~3 8, of the listed year. B. Paragraph 3 and Paragraph 7 of an untitled Section of Development Words ~i~_ are additions; Words st~ are deletions. Order 87-1, as amended, for Twelve Lakes is hereby amended to read as follows: 3. The Development Order shall remain in effect for the duration of the proioct. However, in the event that significant physical development has not commenced within Collier County within ten {10}thirteen [13) years, development approval will terminate and this Development Order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. 7. The Board of County Commissioners agrees that this project shall not be subiect to down-zoning, until density reduction or intensity reduction for a period of ten {10)thittee'n'ii!(!3) years from the date of approval of this proiect, unless the local government can demonstrate that substantial changes in the conditions underlying the approval of the Development Order was based on substantially inaccurate information provided by the Developer, or that the change is clearly established by local government to be essential to the public health, safety or welfare. C. Section 3, "Transportation", of Development Order 87-1, as amended, is hereby amended to read as follows: 3. TRANSPORTATION: Traffic generated by Twelve Lakes DRI, when combined with other growth in the area, will necessitate improvements to SR 84 (Davis Boulevard)j Rai~liO:RO'~id, Saiita;Ba'rbara Boulevard and County Barn Rbad if adopted level of service "C" conditions are to be maintained. The County has adopted a Ruad,,,,~a~.t .... ;'~ Ordinance ~u,u.,a,..~ ,,uu-,.,u~ and any amendment thereto, foeo,, ........... u~v.,u~,,~ent at Twelve ...... ~o~. Thase impact f~o, tooetheF v.,th that ~u, uu,, ~, ~a$o',i~e taxes and genecatod from the proiect, and programmed for road ;mprovements, together with .............. ' ........... coc, U,~ut~ons ~pecified ~ - a transpo~at~on ' ,,,,po~,~ reasonablyo,,, .......... ,~,au,~'- to the development. ...................... pp:~t successors, ~,,o,FFo~ ,[, proportionateo,,a,~ u,-' the improvement5 c, eed~d to male, rain ................. segmec, t~ of State Road 04 ~qulred by t,he developer; Regional Conditions: The:aPplicant or his successors or assigns shall be fully responsible for site~telated roadway and3ritersection! improvements required within.the ~Welve;!Lakes::.DRI; The applicant shall be required to pay ItS p:op'ortiOnate:/sharelof~:;:.the 'COst for any intersection improvements (including but not limited to signalization, turn lanes and additional Words ~haded are additions; Words ~t,u-~k through are deletions. through lanes) found to be necessary by the Collier County Transportation Department or the Florida Department of Transportation for the project's access intersections onto Davis Boulevard ani:[;Radib Road throughout all phases of the development. The site acces~!j:)'bih't~ Shall.be IdcateSand developed c6nslstent,wlth Coll[erlCountY'S';br:tli~ Fldrlsa Departi~ient of:TransPbrtatlon's',access management starida'rd~ a nd 'pe rrnit '~e ~ul ri~e'nts; Adequate commitments shall be made b'~.;COlller CountYior~theaj3'pl~i".rit a$;~peCifi~d:h~i;~in to provide the total improvements, including limtted ~o right-of-way, signalization, turn lanes, and other improvements deemed necessary bY~COllle~/~C~U~?0~;:the :Florida,' Depa~'~t'~ .... h' ~ ............. ~,~ ~ah'~portatioh to maintain t e;~-;ad0pted Level of Service "C", uo,,~ on the roadways and intersections significantly impacted by this DRI development through its buildout. d ' pact .............. g 'f' ~'-= ~- DOT -- ...... the a~rr,[Gg .~,,,=u ~6 3~ ~,,u~u.,~= [The following roadways and intersections are expected to be ~~ignifiCaQtly impacted by this development { %~:Of~t e;~8op[8~::ieWl'of se~ ce capa'cl~ ;'of tSe adopted level ~t~'da~d~prlor to ProJebt~ ;t'~ buildout. ~Roadways: SR84 fDavis Boulevard] Airport-Pulling Road to Kings Way Kings Way to County Barn Road County Barn Road to Santa Barbara Boulevard Santa Barbara Boulevard to Twelve Lakes south entrance Twelve Lakes south entrance to TWelve Lakes north entrancec-R Radio Road to (CR 951) Isles of Capri Road CR 856 (Radio Road) Akpor~ '" , ~, ..... u ,,'~o,~ ~o K~rigs Way I~"IU.~ ''oy to .Santa Oarbara~,~.~,~ ~ .......... Santa Barbara Boulevard to Twelve Lakes Entrance County Barn Road Davis Boulevard to Rattlesnake Hammock Road Words ~§~de'd. are additions; Words ............... ~L,u~. LJ.UU.~,, are deletions. 4 Santa Barbara Boulevard GOlden. Gate Parkwa~.'ito .Ri~ll0'ROad Intersections: Davis Boulevard at CR 951 Davis Boulevard at Radio Road Davis Boulevard at Santa Barbara Davis Boulevard at County Barn Road Davis Boulevard at Kings Way Davis Boulevard at Airport-Pulling Road Airport-Pulling Road at Radio Road Radio Road at Kings Way Radio Road at Santa Barbara Sahta~ {Conifer Co~,~ty} Met~opo;;tar, P~ar,~n~ Orgar,~za~or,. ~DOT. DCA. and co~,m;tt~d fur, d~r,~, or p:~r,r, ed ........................ assur~ ........ .... ~h ~,., Phase5 Il t,,rou V. ~-,,,~ report .,,,--'" b~ equ,valent to ar, uFu~o t,he applic~,t's ADA ~soess,,~ent of Quest;on 31 ~n the q~est;onn~ffes, documec, t;~ cobb, it.,er, ts ;n approved p,u~,o,,,~ tu ,u,,u ,utu[~ ,uau,,av i~,prove~ef, ts requ;red ~ -'-- Phasea " gh V. :PrreTiming for the initiation of the improvements outlined in recommendations "b" above shall be made at the time that a road segment/intersection is found to exceed the level of service standard adOpted, in the local comprehe'ns[ve Plan"C" o,-, a,-, averaoe da;:¢ basis. Service level determination shall be made by the appropriate County Department or FDOT. To determine the existing levels of service on regional facilities and the need for the improvements in a timely manner. the applicant shall submit an annual monitoring report to the Collier County Transportation Department, th~Flbtida Department of Comi'nunity Aff~irs.i.'{DCA)0: FDOT and the Southwest Florida Regional Planning Council for review. The first monitoring report shall be submitted one year after the issuance of the amende'diD.eVelopment Orderfirst peCn-,i[s for Twelve Lakes. Reports shall be submitted annually until buildout of the project. At a minimum, this report shall contain: trafffc counts and turn;n~ n~oven-,er, ts 'to~=,"--, a~ the access poic,~5 to t,%e $;[~ aL each of the ',,,t=, a=,.t,u,,~' .... ,,~tou? .... above in recom~-,er, da[ion PM:peakJhour tu!:nln~ mo~bmbrit.i:c0unts at all site access points OntiS?.,.!.Dii'~l~:..E!6o!e~a'[di.~'hd!;i~iRedio''. Road:; and'i, the off,site inta'rsectlohs' !dent!fled itn:dOndit[ori. 3. b; abOVe. ii: Estimated existlng levels of service'at the Intersections and on the road segments' identified in C0ndition 3:b. above. Words ~!~'~ide'd are additions; Words ~ are deletions. 5 iii. Estimated future.levels, bf ser~lceat the intersections and on the road segments- identified In ~C0nd[tion 3.b. above, based on'a one year pt0]ectlon of fbtU~elv'010rne~~. iv. An estimate of the prolect~s existing trip generation. The ArinUal Update end InVent0~. R~port (AUIR) referenced in condition 3;g~haU bo subsflfuled, fof f, he-e~mafe' of ex~stlng ~els of sea;on the ~n~red roadW~ In the event thatno residential dwelling units are occupied within.the DRl,~.~'a".'~l~tt~i~:~doddi~ieh'ti~g~'~h'e~i'd(~g~l~pment i' status', on'~site ~nSl'de'red an"§~C~l~table~'~'epl~'e~nt~it'5~'the 'above traffic:'monit0rlng.f0r that ~ear: The 'a hove traffic, monit0i~i~f~"i teport;~.ih.'.cOmbination with UPdatelend IhVento'r~ Re~O'rt"'(AtJ!R) ?(~fe'fe"nced in C0hditlon rePreSent~ thO"annual tr§ffi~~i~'bhit~rii~'g3~e,qulrements for TWelve LaE~'~ The purpose of the monitoring report shall be to indicate when the adopted LOS "C" is expected to be exceeded on impacted roadways and/or intersections and to provide updated information to more accurately forecast proiect buildout traffic and total traffic for determination of proportional share and to show the significance of impact of the DRI on the impacted roadways. Based on the staff transportation assessment, construction of the following road improvements b~Ec'~'e~t~ble alternatives shall be needed prior to, or coincident with, the development of Twelve Lakes DRI if ad0~'~ed level of service "C" conditions are to be maintained throu'l~h b~ildb0t:?(201.0)~!'!0~i~'~Ignlf[~:~ritf~'~?~Irn~acted roadWay segments-!'ahd intersections. Regional Roadways (including intersection improvements) Phase I (1992-200288--~t9~) ~n~a D~rbara No significant improvements due to Twelve Lakes DRI ero anticipated. Phase II (1993-20046-9--1-99-2) No significant ~ improve- ments due to Twelve Lakes DRI are anticipated. Phase III (1994-200691-1gg4) SR 84 (Davis Blvd.) Widen to foursix lanes with a median from Airport-Pulling Road ,,,,,u~ Way; mad;an from ' ..... ;;'ay to County Barn Road. Widen to four lanes with a Words shaded are additions; Words ,~,u,.,~ ~;~uu~j~ are deletions. Phase IV (19~t,~2D08C3-I CCC) SR 84 (Davis Blvd.) Phase V (1 County Barn Road Words l~:r,~ are additions; Words ~ are deletions, median from Radio Road to CGR 951. Widen to four lanes with a median from ~[.~{J~[~ Twelve Lakes entrance to,,ou,u"" from Santa Road may requ;r~ ~E;~i;¢;: R~a ~,. ~,~,, ,,y Darn presently operates at LOG A, ,however w[th a d~gradat;on ;r, LOS on Dav;~ County Dam ,qoad co~:d Radl0 ROad. ............. by FDOT'; --~ ~b) ~f ~uch prog(a,-r,n-,ed lmprovemer, t is de:~ed fforr, sam five yea~ ,,,~ y-ear~ pa~ ......... ,,,,,,u~, the ~tart of construcbon of pr~or t~he cor, strucdo,~ of ~he progra~,~,ed l,,~prove,,~e,~t; ther, - '~ ..... '-' ~ ..... '-- -~-" be ........ have ........ that th6 a~,er, ded develop~,enZ order ~ o~ths ........... that - ~ubsta tJat ~,,a pFOpOFtiOr, aJ 5har6 uf COSt ~fao,u .... ,uauvv~y a=~,~,u,,~ Of address;r,g the sta[u~ of t,he r, eeded road,~ay lmprovemer, t~, arm the step~ r, eeded ,~ ......,,,,~,=,,,=,,, ti,ese ~rr, prove~nt~. The ~vMed that ~he amended deve:opmer, t or, e year of theuat= .... the *uu~ta, .................................. .... b~ ....... C The applicant shall midgate its impacts on the regional and local roadway and lnte'rsections identified herein as follows: The appliCant shall make'the site related improvements specified in 3,a; hereof, ii. Th~ 'aPl~licant'sha'll;~p~aV~!t'S;: P(d~'[on§te share'; of intersection l~l~rovet:nehts af its ~bcess':P0i~t§!te:PObliC"i~da'dwaYs"sPeCtfii~d in iii, The: applicant shall.i.:be:.: subject: to ali lawfUlly adopted transportation ImpaCt fees; iv. The:applicant shall be sub]ect, to:the Concurrency Management System of the COunty as set forth; herein, f. The regional roadWay segments and int~rSeCtlons on which this proiect Words shaded are additions; Words ,,., u. ~ ,., ,, uuu,, are deletions. 8 12{;1 has significant impacts~ a~el Wh011Y,~lthTi~',the jddSdictlon of Collier CountY forP Urpb'Ses Of 'cOni::urreh'dy"~'~a'~i'~g'e'l~l','~i't:~ i.. The CounW has made'the decision to'.'plati for and manag'~"tl~ii!~'~abt~:ii'~f this DRI through its duly adoptedC0m~)rehensive plah';~:.!;~h"ei~.i~'~:~tY~ has' consldered the regiohal roadway Segments and re[ji0r~§! '~6-bdwa~ intersections set forth in 3:b, he~eof, and haS:'determined to?a~qi~ite the Project to be subject to and to c0mp[y With the ConcurrenCy!~Management System (CMS) of Collier County as adOPted in, its GrOWth. Management Plan and implemented bY the'Adequate Public Facllitles:'Ordir~ariCe'.~(APF) Ordinance No. 93-82, 'as amended~'~:~:After.due C0nsldei~atiiSlho'f~tt~'~.'bltematives, the CountY has determined 'thAfto 7eqUire~c~'jJli~i:~b~e i~]tl~'~o'ncurrenCy as ma ndated by the lCMS2in,addi~lon t0' the 0~he~,imitljjatt~ns required in 3.f, hereOf;iS the apP'~optlate.~va¥' t0 accomm'od~ate'.'[he~impacts of this project and to assure that tran~P0rtatlon'fa'Cilltli~ 'ar~ Prisvlded conCurrently wlth"tl-ie transportation impacts of this Proiect. The Adequate Public. Facilities'iOrdinance {APF} requires the GroWth Management Director,.to complete ~'aniAnnual Update and Invehtoi'y RepOrt (AUIR),bYiAugbst,.~lSt',iOfie'ach.~at.!,'on roads and public facilities based 'od ~the~'~do'Pted'le'~el"0f ~'~ici)~Thi~iCoUntyShall provlde'wlthii~ fifteen (15) days Of pUblicatl~h.'eabh:¥e'at~"a copy of said AUIR regionall facilities'.Set ~fOrth in"3ob: !t0~the':SOuthWest FIorlda Regi0'h'~l Planning Council and the Florida l DePartment of Community 'Affairs (DCA). The. Board of County CommisSioners is required by the APF to establish Areas of. Significant. lnfluence!(ASl) around any .road segment interseCtion'which.is Operating at'an~Uhacceptable level of service (LOS) or'IS~p~0]e~ted~t0 0perate"a~,a~'~i'na'~t~[I/I. OS and is inet scheduled~f6r Impi;ov~'ent.{~ih.!i;th~.ic~'p~t'~!i~il~jS't.~b~'~n~ent 'Element. {CIE) 0f?;~'the Comprehensive Plan in e~ manner and fi/~i~ Which would provide facilities Concurrent with the;ImPacts ~{>f?dev~lOpment pursuant to the"APF; Prelects within the boundaries'Of'an ASl:are, with a few excepttonsnot relevant herein, prohibited from obtaining further Certificates of Public Facility Adequacy that would allow impacts to exceed the remaining capacity, if any,' of these road' segments 'or additional impacts to thee deficient or potentially'deficient:~facllity, The applicant shall notify SWFRPC and DCA within five (5) :Worklng days after receipt of notice of a pUblic hearing to determine'the boundaries of any ASI on any facilities listed In Section 3.b. hereof. If any of the road segments identified in this paragraph 3.b. become deficient, the County shall establish an Area of Significant Influence around such segment pursuant to criteria set forth in the APF. j. In addition to the provisions of the Collier County APF Ordinance: The Twelve Lakes Development of Regional Impact is subject to the specified requirements Of:.:the' Adequate Public Facilities Ordinance No. 96-53, as',that O~dinance existed!on.the effective date hereof. Any amend~ent::~O',the transportatt0n;ilportions 'of that' OrdinanCe by COllier c0'unty ~hall not be effectlvi~ or applied to the DRI unless and until this Development Order is amended to incorporate and render applicable'such changes or amendments to the APF Ordinance. ii. in the event that Collier County designates an ASI around a deficient road. segment~that'IsyPredicted to be substantially Words shaded are additions; Words struck through are deletions. 9 Impacted by Twelve LakeSi':end the ASI does not Include this DRI, then'the'applicant Sha!l b~'t'{~(Jlted ~to filea Ndt~c~0f Chaifi~§:5'f this~.~'D~Velopment~ ;-O~d~'~;~it~ii~"COlI[ar County';~,~the"' Sb0thwe-~t FI0rlda~ ::Reglonal ~ pla'i~ning;;~:cbbncil, ? end the '!~ Departrne"~t~.i3~f Community AffairS, putsuant'tO'Subsectlon 380,06{1 StatuteS, The applicant shall file 'a' Noticeof Change within Sixty {60) frb'm.'the!date the'.C0Unwici~e§te~!~n'~ASI for such 'a' cleficieht! seg~h~nt'that eXclude Sil;th'eDRl~l~e:.applrCant'shall ifile'~igith~.t~ii NOtlCO'~0f. Chance a~ Cgti~re'i~t".ti~affi~,iah~lysls~ arid ~0th'er~iinfo'rrh~tl~ii attempting tO: establiSh=r:thati~th~'~DRI Is'~not having: ImpactluPOn the'~artlfferit~.tO~d'i'~g~ffient,"ot other ]uStifiCatib'~f the'Cobr~W's exclbslbri'/i3fl th~ .DRIi from the' ASl.'i~r' If a'n'~AS[~1~ established for any deficient road Segment listed in Paragraph of this Development Oi, derthat'~0eS not include the Twelve [:al(es DRI, the DRI' shall!:n0t aP'j~l?!=:for or be issued any."further Certificates of Public FaClllW Adequacy until: (1).the Change decision is rnadebYColller County, if neither DCA~hor SWFRPC Participates~;iln=.the"~pUblic hearing on this Notice'~of Change.pursuant to,Subsectioh!380.06(19](f}, Florida St~tdtes; and the change isad0pted byCOllier County, as proposed; oE"(2) if a written objection .v~as filed bY' either DCA or SWFRPC,'until the deadline for any appeal of the Collier County decision has expired pursuant to Section 380.07, Florida 'Statutes, and no appeal has been filed. iV. For purposes of this Development Order, the DRI sh~ll be deemed to have a significant impact upon a deficient road segment if its traffic impacts exceed five Percent (5%) of the peak hour, peak season adopted level of service capacity of the roadway. Vo The County shall provide the requisite public notice and hold a public hearing on the Notice of Change as expeditiously as possible. Following a public hearing, Collier County shall amend the DRI Development Order to record its determination whether or not the DRI is having a substantial impact upon the deficient road segment or otherwise should not be included within an ASI for the deficient road segment. In making this determination, the CountY.shall include the impacts resulting from all development to occur pursuant to the Certificates of Public Facility Adequacy previously issued to the::DRl. The amendment of this Development Order is appealable pursuant to Subsection 380.06(19) and Section 380.07, Florida Statutes. vi. If neither DCA nor SWFRPC objects in writing to the Notice of Chance pursuant to Subsection 380.06(19)(f}, Florida Statutes, and the change Is adoPted by. Collier County as proposed, the DRI may be issUed Certificate~ of P~ublic Facility Adequacy following the County's DeVelopment Orde~ decision. If either DCA or SWFRPC submits'a wrltten 0biection to the Notice of Proposed Change prior to the public hearing, the applicant shall not apply for or be issued Certificates of Public Facility Adequacy until the deadline for any appeal of the Collier County decision has expired pursuant to Section 380.07, Florida Statutes, and no appeal has been filed. Collier County and the applicant may consider other options to provide Words shaded are additions; Words s'h'oci~-h'~ are deletions. 10 adequate, commitments '; f0r 'needed i improvements to transportation facilities $'et*~fOrth in 3.b. hereof;~provided that said options meet the following criteria: The transportation impacts to.the.roads and intersections outlln~d herein shall be addressed consistent with SWFRPC policies and said options or mitigative'measures shall be adopted~ln accordance with Sectlons.'163;3220, Florida Statutes;'i'.Which requires a'Local Government' Development Agreement ~and~a commitment by the applicant'and/or the local government?t~i insure concurrency on all significantly impacted regional toads; ii. Any such option shall only be implemented after a Notice of Change procedure as outlined aboVe. Local Conditions: The developer shall be bound by the phasing schedule in the ADA insofar as it calls for the development to proceed ~-thefrom north s~de to south (beginning near Radio RoadRad~o) and not provide access to Davis Boulevard prior to development of ~Phase 3f. bo All parcels abutting the main collector road and having direct access to it shall have self contained turn around areas or circular driveways so as not to require vehicles to be backed into the right-of-way. The residential sites located along the principal street between Davis Boulevard and Radio Road should be limited to the number of driveway access points (maximum of one drive every two hundred feet). (The proposed layout could possibly permit one drive every 40 to 60 feet on a collector street.) Co The main collector road shall be constructed to collector road standards as provided in the Subdivision Regulations. d .e~-. The developer shall provide between 20 and 35 feet of additional right- of-way (the exact amount to be determined when right-of-way permits are applied for) along the south side of Radio Road and the north side of Davis Boulevard for drainage improvements, bike paths and appropriate turn lanes to serve the proiect. These improvements {b-de above) are considered "site related" as defined in Ordinance 85-55-92-22, as amended, and shall not be applied as credits toward any impact fees required by that ordinance. A sidewalk/bike path should be provided along the entire frontage of Davis Boulevard and Radio Road. Subject to FDOT approval, the developer shall provide a sidewalk/bike path within the right-of-way and abutting the south/north boundary of the property. If existing right-of- way is not adequate for construction of said sidewalk/bike path, as determined by the County Engineer and/or FDOT, the developer, his successors or his assigns shall provide such right-of-way or easement as is necessary. Sidewalk/bike path will not be required until a sidewalk/bike path network is existing and provides pedestrian/bicycle transportation to useful places within the area as determined by the Words shaded are additions; Words struck th,-ough are deletions. 11 County Engineer. Construction of the sidewalk/bike path will not be required by the developer if it is constructed as part of FDOT's improvements to Davis Boulevard {SR-84). Prior to approval of the final phase of construction, if the sidewalk/bike path has not been constructed, the developer shall provide the necessary right-of-way or easement and, at his option, construct the sidewalk/bike path, or post a bond in the amount deemed necessary by the County Engineer to insure the sidewalk/bike path will be constructed, or make payment to the County for the cost of sidewalk/bike path improvements at the current cost of construction as determined by the County Engineer. If the latter is chosen~ the County would then be responsible for construction as part of a County-wide program. A street connection shall be provided to the west property line to connect to Sabal Lakes PUD along the north half of the west property line (approximately 1,900 feet south of Radio Road) as shown on the PUD Master Plan. The streets shall be public. A buffer and additional rear-yard setback shall be provided along those lots abutting Davis Boulevard and Radio Road. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. Statutes. C. The application is in accordance with Section 380.06(19)0 Florida The applicant submitted to the County a Notice of Change to Previously Approved DRI known as Exhibit B, and by reference made a part hereof. D. The applicant proposes the development of Twelve Lakes on 262.33 acres of land for a residential and commercial development which includes 1,000 dwelling units on 110 acres, 112,500 square feet of leasable commercial floor area on 11.25 acres, and approximately 141 acres of other uses, including parks/opon space, golf course and associated facilities, wetland preserve and lakes. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Critical State Words sh~de'~ are additions; Words str,~ck thro,~gh are deletions. 12 concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. G. The proposed changes to the previously approved Development Order fall within the parameters for extensions of buildout pursuant to Subsection 380.06(1 O) (e)2., Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06{19}, Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Change to a Previously Approved DRI, Exhibit B, attached hereto and by reference made a part hereof. B. The proposed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Development Regulations adopted pursuant thereto, E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. A. Except as amended hereby, Development Order 87-1 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order <)7-5 shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management; and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. Words t~l~'~aU are additions; Words -~[~uc~, [~,~oug:-, are deletions. 13 12Ci ' , BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN .;]' ,..:'i,,'A?TEST: ,..... .,' ,, ~;" DWIGHT E,' BROCK,. CLERK · -~."- ! :-,. OV ! F M ND LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY Words ~,FJ~I~ are additions; Words ~[,-~ck ;~%r~u~h are deletions° 14 Clerk to the Board~ Please place the following aa a, 1 2-C |XX} Normal Legal Advertisement [ } Other, (Display Adv., Location, etc.) Originatin~ nep~./,lv. County Attorney po=,o,, Date, (aign clearly) Petition ~o. ~o ~Umbar. County Attozne~,a Office Rearing before, (XX) ~CC ( ] ~ZA [ ) Other · equested hearin~ da~e, 12/lg/~? ~aaed on advertisement appearing 10 days before hearing. lfevepapet(=) to be used, (co~lete only if i~poztant [ ], iX] Naples Daily News or legally required [ ] [ ] Other Proposed Text~ (Include legal description i C~n location ~ size)~ ~ O~IN~ICE C~TING THE BAYSHO~ A~ON B~IFI~TION ~{ICIP~ SERVICE T~ING ~IT; PR~IDING THE AUTHORITY; PROVIDING FOR THE C~TION; PROVIDING A P~OSE ~ G~ING BODY; PROVIDING ~ING ~ T~ ~ OF NOT TO EX. ED THeE MILS OF V~O~M T~S PER ~; PROVIDING FOR THE COL~CTION OF T~S; PROVIDING FOR C~TION OF ~ ~XSHO~ A~N B~IFI~TION ~VISORY C~ITTEE; ~PO~ ~ C~OSITION; PROVIDING FOR TE~S OF O~ICE OF THE ~VISORY C~T~E; PROVIDING FOR OFFICERS OF THE ~VISORY C~IT~; QUOR~; R~ES OF PROCED~; PROVIDING FOR ~CTIONS, PO~ ~ D~IES OF THE ~VISORY CO~ITTEE; PROVIDING FOR D~IES OF THE CO~Y ~NIST~TOR OR HIS DESIG~E; PROVIDING FOR ~VI~ PROCESS OF ~SORY CO~ITTEE; PROVIDING FOR CONFLICT ~ S~~ILITY; PR~VID~G FOR INCLUSION IN THE COLLIER COmiTY CODE OF ~WS ~ O~IN~S; PROVIDING'FOR ~ EF~CTI~ DATE. Companion petition Cai, If any, & proposed hearing date, ~ONE '. Doeg Petition Fee include Advertising coat? Yea [ ] No Ix) If yea, what account should be charged for adve=tie~ng : coa~e. 001-013-010-649100-0 .~ Reviewed by~ Approved by~ . ,~ Division Hs~ Date County Manage= ~ Data 1 ,?.C'" 2: DTBTXZBUTZo~I before submitttag to County [ ! County Nanager agenda file~ [ ! ~equesting Division! | ] Original to Cle~k,e Office ~he~lttr~ngse Inl~ia~ing P~J.~rl_~eA~ to approve and submit original ~o Clerk's Office, retaining · cop~ for file. DATE OF ~,~_ 120"2. Iii111111111111111111111111111111111111111111111111111111111111 Ii111111111111111111111111111111111111111111ii11111111111111111 ~LLX~ ~ -~ & IU~CORDS (8:].31 77~-8408 (813) 776-8606 14:29 ~°03'22 16: 02 ~ 02-' 19 10:35 ~°01'59 941 435 1218 C~ 4 December 1, 1997 Ms. Judith FlanaGan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider an Ordinance Creating the Bayshore Avalon Beautification Municipal Service Taxing Unit Dear Judi: Please advertise the above referenced notice one time on Friday, December 5, 1997, 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 Account No. 001-013-010-649100-0 12g 2. NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, DECEMBER 16, 1997, 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 CREATING THE BAYSHORE AVALON BEAUTIFICATION MUNICIPAL SEKVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED THREE MILLS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR CREATION OF THE BAYSHORE AVALON BEAUTIFICATION ADVISORY COMMITTEE; APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEE; PROVIDING FOR OFFICERS OF THE ADVISORY COMMITTEE; QUORUM; RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS;, POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR DUTIES OF THE COUNTY ADMINISTRATOR OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF ADVISORY COMMITTEE; 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 TIMOTHY Lo HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) ORDINANCE NO. 97- AN ORDINANCE CREATING THE BAYSHORE AVALON BF~.UTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CRE3%TION; PROVIDING A PUP. POSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVX OF NOT TO EXCEED THREE MILS OF AD VALOREM TAXES PER 'fEAR: PROVIDING FOR T~E COLLECTION OF TAXES; PROVIDING FOR CREATION OF T~E BA¥SHORE AVALON BEAUTIFICATION ADVISORY COMMITTEE; APPOI}VfMENT AND COMPOSITION; PROVIDING FOR TE~4S OF OFFICE OF THE ADVI SOR~ COMMITTEE; PROVIDING FOR OFFICERS OF THE ADVISORY COMM/'~"£~--; QUORUM; RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR DUTIES OF THE COUNTY ADMINISTRATOR OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN TKE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the County has received inquiries relating to beautification of certain public areas located on, adjacent to, or in proximity to Bayshore Drive; and WHEREAS, the Board of County Co~issioners has determined that the best method for funding the beautification of certain public areas located on, adjacent to, or in proximity to Bayshore Drive is to create the Bayshore Avalon Beautification Municipal Service Taxing Unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; that: SECTION ONE. Authority This Ordinance is adopted pursuant to the provisions of Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and other applicable provisions of law. SECTION T%;O. Creation of the Municipal Service Taxing Unit. There is hereby created and established the Bayshore Avalon Beautification Municipal Service Taxing Unit, hereinafter 12B 2 referred to as "MSTU". The boundaries of the MSTU are as follows: See attached Exhibit "A". SECTION THREE. Purpose and Governing Body. The MSTU is created for the purpose of: 1) providing curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; 2) providing traffic calming improvements, street lighting, and sidewalks within the MSTU; and 3) beautification and maintenance of other public areas within the MSTU as determined by the Advisory Committee. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR. Funding and Levy of Taxes. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October I to and including September 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board shall fix and cause to be levied on all properties within the MSTU subject to taxation a millage rate not to exceed three mils per year. SECTION FIVE. Tax Assessment and Collection. Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX. CrQation of the B&yshore Avalon Beautification Advisory Committee; Appointment and Composition. A. There is hereby created and established the Bayshore Avalon Beautification Advisory CoMmittee, hereinafter referred to as the "Committee". B. The Committee shall consist of five (5) members which generally represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents within the MSTU and electors of Collier County. The Board shall consider appointment of members from different subdivisions or communities within the MSTU. D. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. E. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN. Terms of Office of the Advisor~ Committee. The initial terms of office of the Committee shall be as follows: A. Two (2) members shall be appointed for a term of two (2) years. B. Two (2) members shall be appointed for a term of three (3) years. C. One (1) member shall be appointed for a term of (4) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. - 3 ' Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION EIGHT. Officers of the Advisory Committee; Quorum; Rules of Procedure. A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among the members. Officers terms shall be for one (1) year, with eligibility for re-election. B. The presence of three (3) or more members shall constitute a quorum of the Committee necessary to take action and transact business. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. D. Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Ordinance No. 86-41, as amended, or by its successor ordinance. SECTION NINE. Functions, Powers and Duties of the Advisory Committee. The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the purposes of the MSTU as set forth in this Ordinance. B. To prepare and recommend to the Boz2d of County Commissioners an itemized budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. - 4- In carrying out this responsibility, the Committee shall, no later than April 1'~ of each year, meet with the County Administrator or his designee and outline to the County Administrator or his designee those projects which the Co.~mittee wishes to see accomplished during the next fiscal year. Based upon this information, the County Administrator or his designee shall prepare a proposed budget for the MSTU, in accordance with standard County guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Administrator or his designee to the Board of County Commissioners for adoption in accordance with procedures for the adoption of budgets set forth under general law and the Board of County Co,~unissioners' policy. Should the Committee fail to approve a budget by June 1'~ of each year, the County Administrator or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners. C. The Committee shall recommend work programs and priorities to the County Administrator or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee. Said work may be performed under contract (in accordance with law) or by County forces. D. The CoMmittee may adopt and amend "Guidelines" to govern its operation and the operation of the MSTU, subject to approval by the Board of County Commissioners. - 5. SECTION TEN. be'~ Duties of the County Administrator or his Designee. The duties of the County Administrator or his designee shall A. To administer the activities of the MSTU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget in accordance with Section Nine, Paragraph B, above. C. To provide periodic written reports to the Committee, the County Administrator or his designee and the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners or the Committee. D. Attend all Committee meetings. SECTION ELEVEN. Review Process. This advisory Con~nittee shall be reviewed once every four (4) years commencing 2001, in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended, or its successor ordinance. SECTION TWELVE. 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. ~ECTIO~ T~IRTE~I, Inclusion in the Code of L&w~ ~fld O=dinmnces, The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, o 6- Florida. The sections of the ordinance may De renumuele~ ~: relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOURTEEN. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. PASSE0 AN0 DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h'Jcw~f~/(~ina~ccs/1~ays~'~o,c ~lun~cJ~l! Sc~cc T~x~n~ - 7- BAYSHORE DEVELOPMENT AREA OPTION "B" LEGAL DESCRIPTION Exhibit A Begin at the Southwest comer of Section 23, Township 50 South, Range 25 East, Collier County, Florida; thence Northerly along the west line of Section 23 and the West line of Section 14 to the centerline of Haldeman Creek; thence Northeasterly along the centedine of Haldeman Creek to the Intersection of the West line of the East quarter of the Southwest quarter of Section 11; thence Nodhedy along the West line of the East quader of the Southwest quarter of Section 11 to the North line of Mangrove Avenue; thence Easterly along the North line of Mangrove Avenue to the West line of Pine Street; thence Northerly along the West line of Pine Street to the Southwesterly right-of-way line of U.S. 41; thence Southeasterly along the Southwesterly right-of-way line of U.S. 41 to the South right-of-way line of Thomasson Drive; thence Westedy along the South right-of-way line of Thomasson Drive to the East line of Section 23; thence Southerly along the East line of Section 23 to the South line of Section 23; thence Westerly along the South line of Section 23 to the Southwest corner of Section 23 and the Point of Beginning. Afftdlvtt of PU~[tCIti~ BOARD OF coul~rY ATTg: NAJ~CY SJ~LOGU~ PO BOX 41~'16 ~,PLE$ FL ~t,,101-3016 REFERENCE: 001L.xO 01 ~-010.-.64910 .5760415] NOTICE OF l.~rE]qT TO State of Co~t y of B~fore the ~r~tgn~l autl~rlty, tn ~LHer ~ty, FLort~: t~t t~ ~ of t~ ~erthi~ ~a ~Lt~ In ~td Affi~t furt~r N~t h m ~r ~[t~ mt ~[~, tn aid Co[[tlr ~ty, F[ort~, ~ t~t t~ aid ~r ~ ~retof~l ~ ~ti~ty ~[t~ tn aid ~LLter ~ty, FLoH~, atta~ ~ of ~rtt~t; furt~r ~m t~t di~t, rate, ~e of ~uri~ thh ~[tatt~ ~n t~ aid lq/I)L[ S~EO ON: AD SPACE: 1~.000 ~:~tLED ON: 12/05/97 IDI. · I . 12C ORDI'N~NC:~ NO. 9'7- 82 A/~ ORD IN~tNC~ CI~TING T~ ~SHO~ A~N B~IFI~TI~ ~ICIP~ S~ T~G PR~IDING T~ A~HO~ ~~G ~R ~TI~; P~D~G A ~SE ~ ~~G ~; ~D~G ~ING ~ ~ ~ OF N~ ~ ~ ~ ~LS OF ~ ~~ T~S ~; ~D~G ~R T~ CO~I~ OF T~S; ~D~G ~R ~TI~ OF T~ ~TSHO~ A~ B~I~TI~ ~SORX C~~; ~ C~SITION; ~~ ~R ~ OF O~ OF T~ ~SORX C~~; ~D~G ~R O~I~ OF ~ ~SORT C~~; ~OR~; R~S OF ~,,~; ~~G ~R ~I~S, ~ ~ D~IES OF ~ ~SORX C~~; PR~D~G ~ D~IES OF ~ CO~ ~IS~ ~ HIS DESI~; ~D~G ~R ~ ~SS OF ~SOR~ C~"~'~; P~D~G ~R C~I~ ~ S~ILI~; ~D~G ~ ~USI~ ~ ~ CO~I~ CO~ CODE OF ~S ~ O~~S; P~D~G ~R ~ E~'~'~CT~ DA~. WHEREAS, the County has received inquiries and conducted neighborhood meetings concerning proposals relating to beautification of certain public areas located on, adjacent to, or in proximity to Bayshore Drive; and WHEREAS, the Board of County Co~issioners has determined that the creation of a municipal service taxing unit is the best method for implementing ahd funding the beautification of certain public areas located on, adjacent to, or in proximity to Bayshore Drive. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; that: SECTION O~. Authority This Ordinance is adopted pursuant to the provisions of Chapter 125, Chapter 165 and Chapter 200, Florida Statutes, and other applicable provisions of law. SECTION ~O. Creation of ~e ~nicipal Se~ice T~ing Unit. There is hereby created and established the Bayshore Avalon Beautification Municipal Service Taxing Unit, hereinafter 2 referred to as "MSTU". The boundaries of the MSTU are as follows: See attached Exhibit "A" which is incorporated herein ~,,~rpos~ and Governing Body. The MSTU is created for the purpose of: 1) providing curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; 2) providing traffic calming improvements, street lighting, and sidewalks within the MSTU; and 3) beautification and maintenance of other public areas within the MSTU as determined by the Advisory Committee. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR. Fun~ing and Levy of Taxes. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board shall fix and cause to be levied on all properties within the MSTU subject to taxation a millage rate not to exceed three mils per year. SECTION FIVE. Tax A~ses~nt and Collection. Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. by reference. SECTION THREE. -2- 12.0 2. SECTIOH SIX. C~e&tion of the B&yshor~ &va.lon B~&utific&2ion Adv£sory Co,,,,,,4tt~; Appointm~nt and Composition. A. There is hereby created and established the Bayshore Avalon Beautification Advisory Committee, hereinafter referred to as the "Committee". B. The Committee shall consist of five (5) members which generally represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents within the MSTU and electors of Collier County. The Board shall consider appointment of members from different subdivisions or communities within the MSTU. C. Appointment of members to the ComMittee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. D. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN. Terms of Office of the Adviso~ CommittGe. The initial terms of office of the Committee shall be as follows: A. Two (2) members shall be appointed for a term of two {2) years. B. Two (2) members shall be appointed for a term of three (3) years. C. One (1) member shall be appointed for a term of (4) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. -3- Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION EIGHT. Officers of the Advisor~ C~tttme; Quorum; Rules of Procedure. A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among the members. Officers terms shall be for one (1) year, with eligibility for re-election. B. The presence of three (3) or more members shall constitute a quorum of the Committee necessary to take action and transact business. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. D. Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Ordinance No. 86-41, as amended, or by its successor ordinance. SECTION NINE. Functions, Powers and Duties of the Advisory Committee. The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the purposes of the MSTU as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. - 4- 12C In carrying out this responsibility, the Committee shall, no later than April 1'~ of each year, meet with the County Administrator or his designee and outline to the County Administrator or his designee those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Administrator or his designee shall prepare a proposed budget for the MSTU, in accordance with standard County guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Administrator or his designee to the Board of County Commissioners for adoption in accordance with procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by June 1't of each year, the County Administrator or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners. C. The Committee shall recommend work programs and priorities to the County Administrator or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee. Said work may be performed under contract (in accordance with law) or by County forces. D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation of the MSTU, subject to approval by the Board of County CO~issioners. Demi~ee. The duties of the County Administrator or his designee shall - 5- 2 120 2 A. To administer the activities of the MSTU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget in accordance with Section Nine, Paragraph B, above. C. To provide periodic written reports to the Committee, and the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners and/or the Committee. D. Attend all Committee meetings. SECTION ELEVEN. Review Process. This advisory Committee shall be reviewed once every four (4) years commencing 2001, in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended, or its successor ordinance. SECTION TWELVE. 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 THIRT~. Inclusion in the Co~m 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. - 6- SE~T~OI~ FOUB. T~EI~. E££~c2~v~ 12C 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 ~ , 1997. ATTEST: DWIGHT E. BROCK, Clerk , //,.,i.~ - . . -,% BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:%~f~O~Hy~. HANCOCK, -Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h.~e'w/hfa~din~n~/Bay~ho~ Mur.~'~pal Se~ Taxi~$ ~ -7- 120 2 EXHIBIT A BAYSHORE DEYELOPMENT AREA LEGAL DESCRIPTION Begin at the Southw~t comer of Section 23, Township 50 South, Range 25 East, Collicr County, Florida; thence Northerly along the west line of' Section 23 and the West line of Section 14 to thc ccnterlinc ofHaldcman Crcck; thence Norf, hcastcrly along thc ccntcrlinc of Haldcman Creck to thc Intersection of the West line of the East quarter of thc Southwest qua.ncr of Section 11; thence Northerly along thc West line o£thc East quarter of thc Southwest quarter of Section 11 to thc North line of Mangrove Avenue; thence Easterly along thc North linc of Mangrove Avenue to the East line of Pine Street; thence Northerly along thc East line of Pine Street to the ccnterlinc ora 10' wide allcy in Block 4 as shown on the plat of"W.H. Surcncy Subdivision" as recorded in Plat Book 1, Page 28, Public Records of Collier County; thence Easterly along said ccntcrlinc and its Easterly extension to thc East line of Lot 39, as shown on thc plat of"Naples Groves and Truck Co.'s Little Farms No. 2" as recorded in Plat Book I, Page 27A, Public Records of Collier County; thence Southerly along said East linc to thc South line of Weeks Avenue; thcnce Easterly along thc South line of Weeks Avenue to the West line of Bayshore Drive; thcnce Norlhcrly along West line of Bayshorc Drive to the southwesterly right-of- way line of U.S. 41; thence southeasterly along thc Southwesterly right-of-way linc of U.S. 41 to the East linc of the West one eighth o£thc Northwest quarter of Section 13; thence southerly along the East line of thc West one eighth of thc Northwest quarter of Section 13 to thc South linc of thc Northwest quarter of Section 13; thcnec Westerly along the South linc o£ the Northwest quarter of Section 13 to the West line of Section 13; thence Southerly along thc West linc of Section 13 and thc East linc of Section 23 to the South line of Section 23; thence Wcstcrly along thc South linc of Section 23 to the Southwest comer o£Scction 23 and the Point of Beginning. 12C STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, ~ollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-82 Which was adopted by the Board of County Commissioners on the 16th day of December, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of December, 1997. DWIGHT E. BROCK ~,2. Clerk of Court~'..a~. Ex-officio to B_~_ar~ County Commissi~n'~s, By: Ellie Hoffman .:i Deputy Clerk / TO ALL COLLIER COUNTY, FLORIDA COMMISSIONERS: WE, THE COUNTY PROPERTY TAXPAYERS RESIDING AT MOORHEAD MANOR, 4260 BAYSHORE BLVD, NAPLES, FLORIDA, DO HEREBY REGISTER OUR Op_P__O~SITION T° THE ENACTMENT OF A SPECIAL TAXING DISTRICT BEFORE TAXPAYERS OF THAT AREA HAVE AGREED THAT SUCH A NEED EXISTS FOR ADDITIONAL TAX REVENUE: Signatu] Name (print) PhoneNo. Moorhead Lot No. ~ / ~-'. ', ,; .-.',. ??.',, FOR LIGAL A~vsATISI31~ OF PD]LIC 13LARINO! Plaaaa place the following aa a, [ ) otbart (Dirplay Adv., Locmtion. etc.) O~ collacthg non-ad valorem &aaaamnta for intarla go~oFumental me.ice f~. wi~h the ~co~rat~ ~ea the ~co~ratod ~eas o~ Collie~ C~ty, Ylorida. aim · add~osa of nay peraon(a) to be notified b~ ¢lerh'l O£f4ca, (I£ Bore ~aco needed, attach ~l.~g haole, [~] B~ [ ] B~ ( J Othar :ed haL~ug d~tet December 16, 1997 a~elLE:Lz~gm Xovlmblr~ -- 21, lj97, ~~9~ ~~, 19,7. ~C~, 1,97 ~d ~c 97. (I) ~0 bO UlOdt (CqlO~O On17 ~ ~r~ [ ], [ ] Iqlll Dilly i~l Or legally ro~ir~ [ ] [ ] Other T~t (~cludo l~al deocrLp~ & c~ I~a~L~ i o~se) t m A~A~t ~I~ of ~LXC ~ [ ] Co~ty ~oJ~&ger agenda filej [ ] loq~eat~ng Division; [ ] Original to Clerk's Office for file. (:Ln~ud.,b:q' ~ cove2:) Ii1111111111111111111111111111111111111111111111111111[111111 Iilllllilllilllllillilililiillilllllilllllilillililililliilil T.O~Om Coli~Lc CouZTL~ .r.~-~o~e FA= ~: (8~) 77&-8~08 , ~mzm'zm: (83.:3) ,~1 11-18 J 1,3:42 I~ 8:2' 11 d62 11-I81 14:~9 Be' 01' 5~ 77~-1~&06 November 18, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider a Resolution Setting forth the Board's intent to use the Uniform Method of Collecting Non-ad Valorem Assessments for Interim Governmental Service Fees Dear Judi: Please advertise the above referenced notice one time on each of the following days: Friday, November 21, 1997; Thursday, November 27, 1997; Thursday, December 4; and Thursday, December 11, 1997. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to Account 001-010510-649100 RESOLUTION NO. 9'/- A RESOLUTION OF TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SETTING FORTII ITS INTENT TO USE THE UNIFORM METIIOD OF COLI.ECTING NON-AD VALOREM ASSESSMENTS FOR INTERIM GOVERNMENTAL SERVICE FEES WITIIIN THE UNINCORPORATED AREA AND TIIE INCORPORATED AREAS OF COLLIER COUNTY. WHEREAS, the Board of County Commi~ioner~ of Collier County, Florida, (ber~inafl~r refcrred to as Board or County) has determined that certain costs of government services provided to identified parcels of real property should be paid for through the development and imposition of intcrim govm'nmental service fees imposed upon such parcels; and WHEREAS, thc Board has determined that a non-ad valorem assessment is the most feasible method to impose to collect intcrim governmental service fees against properties within the unincorporated and incorporated areas of Collier County; and WHEREAS, tile Board has identified and recognizes a need for thc levy of a non-ad valorem assessment for the interim governmental service fees and elects to usc Iht uniform method :~fcollecting such .assessments; and WI-IEREAS, Section 197.3632, Florida Statutes, provides for the uniform method of collecting non-ad valorem assessments and said Section requires that the County adopt a resolution at a public heating prior to January I stating its intent to use thc uniform method of collecting non-ad valorem assessments; and WHEREAS, Section 197.3632, Florida Statutes, also roquires that the County publish notice of its intent to use the uniform method of collecting non-ad valorem assessments we~kly in a newspaper of general circulation within each county contained in the County for four consecutivc weeks prior to the hearing; and WHEREAS, tile County has imblished the required notices. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU'NTY, FLORIDA, that: I. There is a need for the leO' of a non-ad valorem assessment to provide for the imposition and collection of interim governmental service fees. 2. The non-ad valorem assessments levied for the interim governmental service fees against tile properties located within the unincorporated area and incorporated areas of Collier County, Florida, that receive a certificate of occupancy between September 1, and the following August 30 of each year that am not shown as an improve~nent to the real property on the nd valorem tax bill may be collected utilizing the uniform method for collecting such non-ad valorem assessments as provided in Section 197.3632, Florida Statntes. The special assessment to be levied as thc non-nd valorem as.~ssment shall pay for Ih.: enhanced County ~.rvicea provided by the County by virtue of the e.xiste~.ce of the said improvement(s) on the re~l property 12C 3 and the usc, occupancy or potential usc or occupancy of the improved property. The special assessment is For the interim governmental service fees that am imposed on the improved real property being given a certificate of occupancy for the portion of a tax year remaining subsequent to the issuance by the County of the certificate of occupancy. 3, Thc County recognizes the requirement of Section 125.01(1)(q), Florida Statutes, that provides that the boundarlcsof a municipal s~vice benefit unit may include all or part of the boundarics of a municipality (in addition to all or part of the unincorporated area) subject to the consent by onlinance of the governing body of the affected municipality given either annually or for a term of years. It is the County's intent to use the uniform method of' collecting non-ad valorem assessments for interim governmental s~wice £eea for the unincorporated area of Collier County and for any municipality within Collier County that consents pursuant to Section 12$.01(t)(q), Florida Statutes. Ir'the governing body ora municipality does not adopt a consent ordinance rcf~',:nced in Section 125.01(I)(q), Florida Slatutes, by February I, 1998, then such municipality shall not be included within the interim gow-rnmental service fees municipal service benefit unit. Ifno municipality consents through its governing body for all or a part o£ its municipal boundaries to be included in such benefit unit, the County intends to us~ the uni form method of collecting non-ad valor~n assessments for intern governmental s~vice for the unincorporated area of Collier County. 4. A legal description of the boundaries of' the real property subject to the levy is provided in the document entitled "COLLIER COUNTY" and Exhibits "A", "B" and attached hereto and made a part hereof. 5. A copy of this Resolution shall b~ mailed by United states mail to the Collier County Property Appraiser, the Collier County Tax Collector, and the State of Florida Department of Revenue by January 10, 1998. 6. This non-ad valorem assessment is a one time assessment upon improved mai property for interim governmental service fees. This Resolution adopted this . day of , 1997, after motion, second and majority ,,,otc. DATED: ATTEST: DWIGItT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONrERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney COLLIER COUNTY THE BOUNDARY LINES OF COLLIER COUNTY ARE AS FOLLOWS: BEGINNING WHERE THE NORTH LINE TO TOWNSHIP FORTY-EIGHT SOUTH EXTENDED WESTERLY INTERSECTS THE WESTERN BOUNDARY OF THE STATE OF FLORIDA IN THE WATERS O~ THE GULF OF MEXICO; THENCE EASTERLY ON SAID TOWNSHIP LINE TO TilE NORTHWEST CORNER OF SECTION FOUR OF TOWNSHIP FORTY-EIGHT SOUTH OF RANGE TWENTY-FIVE EAST; THENCE SOUTH TO THE NORTHWEST CORNER OF SECTION NINE OF SAID TOWNSHIP AND RANGE; THENCE EAST TO THE EASTERN BOUNDARY LINE OF RANGE TWENTY-SIX EAST; THENCE NORTH ON SAID RANGE LINE TO THE NORTHWEST CORNER OF TOWNSHIP FORTY-SEVEN SOUTH OF RANGE TWENTY-SEVEN EAST; THENCE EAST ON THE NORTH LINE OF TOWNSHIP FORTY-SEVEN SOUTH TO THE EAST LINE OF RANGE TWENTY-SEVEN EAST; THENCE NORTH ON SAID RANGE LINE TO THE NORTH LINE OF TOWNSHIP FORTY-SIX SOUTH; THENCE EAST ON THE NORTH LINE OF TOWNSHIP FORTY-SIX SOUTH TO THE EAST LINE OF RANGE THIRTY EAST; THENCE SOUTH ON SAID RANGE LINE TO THE NORTH LINE OF TOWNSHIP FORTY-NINE SOUTH; THENCE EAST ON THE NORTH LINE OF SAID TOWNSHIP FORTY-NINE SOUTH TO THE EAST LINE OF RANGE THIRTY-FOUR EAST AND THE WEST BOUNDARY OF BROWARD COUNTY; THENCE SOUTH ON SAID RANGE LINE, CONCURRENT WITH THE WEST BOUNDARY OF BROWARD AND DADE COUNTIES, TO THE POINT OF INTERSECTION WITH TItE SOUTH LINE OF TOWNSHIP FIFTY-THREE SOUTH; THENCE WEST ON THE SOUTH LINE OF SAID TOWNSHIP FIFTY-THREE SOUTH TO WHERE TttAT LINE EXTENDED INTERSECTS THE WESTERN BOUNDARY OF THE STATE OF FLORIDA IN THE WATERS OF THE GULF OF MEXICO; THENCE NORTHWESTERLY AND ALONG THE WATERS OF SAID GULF OF MEXICO, INCLUDING THE WATERS OF SAID GULF WITHIN THE JURISDICTION OF THE STATE OF FLORIDA, TO THE POINT OF BEGINNING. : PER FS 7.11 LESS INCORPORATED AREAS OF COLLIER COUNTY DESCRIBED IN EXHIBIT A, CITY. DF NAPLES AND EXHIB1T B, EVERGLADES CITY EX]~IBIT 10/95 CITY LEGAL DESCRIPTION (INCLUDING WEST BOULEVARD ANNEXATION AREA) Beginning at the ~orthwest corner of Section 16, Township 49 South. Range 25 East, thence east along the north line of said Section 16 to the north quarter corner of Section 16, also the northeast corner of Government Lot One; thence south 00 degrees 45 minutes 40 seconds east for 30.00 feet to the northwest corner of Park Shore Unit No. 4, said. point is also the southwest corner of Seagate Drive and Crayton Road; thence along the platted bounder7 of said Park Shore Unit N6. 4 in the followlng described courses: north 89 degrees 31 minutes 00 seconds east 336.83 feet; south 0 d~grees 39 minutes 10 seconds east 660.00 feet; north 89 degrees 31 minutes 00 seconds east 330.00 feet; north 00 degrees 39 minutes 10 seconds west 660.00 feet to the south right of way line of Seagate Drive; thence east along the south right of way line of Seagate Drive 1,866.98 feet to a point on the west right of way line of U.S. (Tamiami Trail); said point being the southwest right of way corner of Seagate Drive and U.S. 41 (Tamiami Trail); thence southerly along the wast right of way line of U.~. 41 (Tamiami Trail) 2,623.60 feet to a point on the east and west quarter section line of Section 16, Township 49 South; Range 25 East; thence along the east and west quarter section line of said Section 16, north 89 degrees 39 minutes 50 seconds east 150.00 feet to the east quarter corner of said Section 16; thence along the east line of said Section 16, south 0 degrees 24 minutes 40 seconds oast 2649.62 feet to thc northeast corner of Section 21, Township 49 South, Range 25 East; thence along the east line of said Section 21, South 0 degrees 43 minutes 30 seconds east 1069.33 feet to a point which lies north 89 degrees 16 minutes 30 seconds east 150.00 feet from the northeast corner of Lot I of Block 22 of said plat of Park Shore Unit No.3; thence at right angles to the west right-of-way line of U.S. 41 (Tamiami Trail), easterly 25.00 feet to the east right-of-way linc of U.S. 41; thence along the cast right-of-way line of U.S. 41, southerly 810.97 feet to the northwest corner, of Block A, North Naples Highlands as recorded in Pla~ Book 3, Page 12; thence south 89 degrees 43 minutes east, 375.0 feet; thence south 135.32 feet; thence north 89 degrees 40 minutes 45 seconds west, 22.53 feet to the beginning of a curve concave southeasterly, 113.23 feet (Chord - 112.72 feet, Radius 330 feat) to a curve~ concave nor=hwesterly, 92.68 feet (Chord = 92.22 feet, Radius 270 feet); thence north 89 degrees 40 minu~es 45 seconds west, 150.31 feet to thc east right of way line of U.S. 41; thence south along said ~ast right of way linc to ~hc northwest corner of Tract 12(] h Point Subdivision; thence south 89 degrees 55 minutes 30 Hig .... ~n~ 0 feet to the northeast corner ~f said Tract "A"; ~nce south 0 degrees 02 mi~u~es ~,? west along said th~ north line of Rosemary Hal9hts A~a~zun, ~* ..... ~eights Addition; line to the northeast corner of Lot 48, Rosemary thence south along the east line of said Lot 48 to the southeast corner of said Lot 48; thence west along the south line of Lots 48, 46, 44, 42, and 40 to the east right of way line of U.S. 41; thence southerly 858.62 feet along said east right of way liqe of U.S. 41 to a point on the north line of Section 27, Township 49 South, East w~lch l~es 24 88 feet east of. the ~ort~-~es%.cor~r i t said east to the northeast corner thence continuing along the north line of said Section Section 27; ....... ~ ...... ~ of C-BSl (also known 27. east 45 ~eet to :ne east rlpht-u~--~; ..ne as'Goodlette-Frank Road); thence along said east rigbt-oz-way £~ne of C-851 (also k~,own as Goodlette-Frank Road), (which right-of-way line lies 45 feet east of, measured at right angles to, and parallel with the north and south quarter section line of said Section 27), to the north line of Lot ll, Naples Improvcmen~ Company's Little Farms, Plat Book 2, Page 2; thence east to the east section line of Section 27, Township 49 South, Range 25 East; thence north along the east line of said Section 27 to the northeast corner of said Section 25; thence east along the north line of Section 26, Township 49 South, Range 25 East to a point 990.0 fee: west of the west right of way line of Airport Pulling Road; thence south 01 depress 30 minutes 00 seconds east, ~320.0 feet; thence north 89 degrees 25 minutes 40 seconds east, feet; thence north 01 degrees 30 minutes 00 seconds west, ~320.0 feet to the north linc of said Section 26; thence east alon~ said north line of Section 26 to the west right of way line of Airport- Pulling Koad; thence southerly along the west right o~ way line of said Airport=Pulling Road to the south line of said Section 26 aid right-of-way line lying 50 feet west of the southeast corner ~ said Section 26); thence westerly along said south line to the . corner of said Section 26; thence northerly along the southwest hr-of-wa line of .. ~= --~ e-~tion 26 to the southerly rig . ~ west £1ne ~ ~ Gate Parkwa (100 feet wide); thence easterly along sago Golden Y · ' 0 00 feet west of · -wa line to a point lying 112 . southerly r~ght-o~ Y ........ ~-- Road' thence northerly w st line oz sai~ A~rpor: ru~,,~ , the e ..... :-ut of wa,, line to the northerly right of parallel witA sago wes~ zxp~ - - way line of said Golden Gate Parkway; thence westerly along the north right of way of Golden Gate Parkway ~0 a point 620 feet east and 235.46 fact south of the northwest corner of Lo: 8, Naples Improvement Company's Little Farms; thence north 235.46 feet to the north line of Lot 8; thence west along said north line 620 feet to the northwest corner of said Lot 8; thence southerly to that angle point in said east right-of-way line which lies on a line 400.00 feet northerly of (measured at right angles to) and parallel with the north line of Section 34, Township 49 South, Range 25 East; thence continuing along said east right-of-way line to the north 2 APR ~ '95 16:51 +! 8~3 ~3~ ~659 ~AGE.~03 line of Gordon River Homes Subdivision; thence east along the north line of Lots 50, 49, and 48 to a point 22.5 feet east of the northwest corner of Lot 48; thence south parallel to the west line of Lot 48 to the south line of Lot 48; thence west along the south line of Lots 48, 49, and 50 to the east right of way line of Goodlette-Frank Road; thence continuing along said east right-of- way line, which line lies 100.0 feet eas: of, measured at right angles to, and parallel with the north and south quarter section line of said Section 34; thence continuing along said east right- of-way line to a,point on th= north line of the southwest quarter of the northeast quarter of Section 34, Township 49 South, Range 25 East; thence continue on said right of way line 460.0 feet; thence north 89 degrees 41 minutes 30 seconds east 494.99 feet; thence south 0 degrees 34 minutes 06 seconds east 615.88 feet to a point of curvature; thence southwesterly 343.97 feet along the arc of a tangential circular curve, concave to the northwest having a radius of 243.97 feet and subtended by a chord which bears south 44 degrees 33 minutes 25 seconds west 345.84 feet; thence south 89 degrees 41 minutes 30 seconds wast 250.0 feet to the easterly right of way line of Goodlette-Frank Road; thence south along said right of way line to a point 48.43 feet south of the north line of the south half of Section 34, Township 49 South, Range 25 East; thence north 89 degrees 56 minutes 59 seconds east 249.79 feet; thence northeasterly 173.98 feat along the arc of a circular curve concave to the northwest having a radius of 293.97 feet and being subtended by a chord which bears north 72 degrees 59 minutes 41 seconds east 171.46 feet; thence south 89 degrees 47 minutes 31 seconds east 808.79 feet; thence north 89 degrees 55 minutes 05 seconds east 993.64 feet to a point on that bulkhead line as shown on Plat recorded in Bulkhead Line Plat Book 1, Page 25, Collier County Public Records, Collier County, Florida; thence run the following courses along the said Bulkhead line, 47.27 feet along the arc of a non-tangential circular curve concave to the west, having a radius of 32.68 feet and subtended by a chord having a bearing of south 14 degrees 08 minutes 50 seconds east and a length of 43.26 feet to a point of tangency; south 27 degrees 17 minutes 25 seconds wast for 202.44 feet to a point of curvature; 296.89 feet along the arc of a curve concave to the southeast, having a radius of 679.46 feet and subtended by a chord having a bearing of south 14 degrees 46 minutes 21 seconds west and a length of 294.54 feat to a point of reverse curvature; 157.10 feet along the arc of a curve concave to the northwest, having a radius of 541.70 feet, and subtended by a chord having a bearing of south 10 degrees 33 minutes 47 seconds wes: and a length of 156.55 feet to a point of reverse curvature; 307.67 feet along the arc of a curve concave to the northeast; having a radius of 278.30 feet, and subtended by a chord having a, bearing of south 12 degrees 47 minutes 59 seconds east and a length of 292.24 feet to a point of reverse curvature; 135.31 feet along the arc of a curve concave to the southwest, having a radius of 100.00. feet, and subtended by a chord having a bearing of south 05 degrees 42 minutes 27 seconds cast and a length of 125.21 fact to 3 a point of tangency; thence south 33 degrees 03 minutes 21 seconds west for 295.10 feet; and south 33 degrees 27 minutes 51 seconds west 1.93 ~eez to the north line of River Park East subdivision which is also the north line of the south half of the southeast quarter of Section 34, Township 49 South, Range 25 East; thence along the north line of the south half of the southeast quarter of said Section 34, easterly to the west line of Section 35, Township 49 South, Range 25 East; thence along the west linc of said Section 35, northerly 1320 feet more or less to the northwest coz-nar of the south half o~ said Section 35; thence along the north line of the south half of sa%d Section 35, easterly to the west right-of-way line of State Road No. 31 (Airport Road), which right-of-way line lies 50.0 feet w~st of, measured at right angles to, and parallel with the east line of said Section 35; thence along said right-of- way line of State Road No. 31, south 00 degrees 13 minutes 57 seconds west 1800 feet more or less to a point on said west right- of-way line, which lies north 00 degrees 13 minutes 57 seconds east 848.02 feet and ~outh 89 degrees 46 minutes 03 seconds west 50.00 feet from the 'southeast corner of said Section 35; thence continuing along said west right-of-way line southerly 325.02 feet along the arc of a tangential circular curve concave to the east, radius 2914.93 feet, subtended by a chord which bears south 2 degrees 57 minutes 43 seconds east 324.87 feet; thence continuing along said west right-of-way line, tangentially south 6 degrees 09 minutes 22 seconds east 3.13 feet; thence southerly along a curve concave to the southwest, having a central angle of 6 degrees 23 minutes 19 seconds and a radius of 1860.08 feet, a distance of 207.34 feet; thence south 0 degrees 13 minutes 57 seconds west 313.03 feet more or less to a point on the north line of and 20 feet west of the northeast corner of Section 2, Township 50 South, Range 25 East; thence southeasterly, 300.7 feet more or less to a point on the east line of said Section 2 which point lies 300.0 feet south of the northeas~ corner of said Section 2; thence along the east line of the north half of said Section 2, southerly to the southeast corner of the north half of said Section 2; thence along the south line of the north half of said Section 2; westerly to the northeast corner of the southeast quarter of Section 3, Township 50 South, Range 25 East; thence southerly along the east line of the southeast quarter of said Section 3, and along the east lines of Sections 10, 15, 22, and 27, all in Township 50 South, Range 25 East, to the southeast corner of said Section 27, Township 50 South, Range 25 East; thence westerly along the south line of said Section 27, Township 50 South, Range 25 East, and along the westerly prolongation of said south line to a point 1000 feet west of the mean low water line of the Gulf of Mexico; thence northerly along a line lying 1000 feet westerly of the meanders of the said mean low water line to an intersection with the westerl~ prolongation of the north line of Section 16, Township 49 South, Range 25 East; thence easterly along said westerly prolongation to the p~ace of beginning, said land lying and being in Collier County, Florida. ! 12C Chapt:r 29068 HOUSE BILL NO. 961. Laws of Florida, Acts of 1953 An Act to Abolish the Charter of the Town of Everglades, in Collier County, Florida, and to Grant a New Charter for the "City cf Everglades" in Collier County Created Under This Act; to Define its Boundaries, Jurisdiction, Powers, Privileges and ~mmunlties; to Confirm the Title to all City Property In- cluding all Riparian and Foreshore Rights, the Title to Ail The Tide Water and Other Lands and River Bottoms; to Validate all Taxes and Other Assessments and Levies Heretofore Fade; to Preserve the Validity and Binding Force of All 9ebro, Obligations and Liabilities cf the Former Town or Everglades, and to Continue the Same as the Debts and Liabilities of the City of Everglades Created by This Act, and to Preserve the Validity and Bindin: Force cf Ail Credits and Assets of the Former Tow~ of Everglades an~ to Continua the Same as the Credits and Assets of the City of EverBlades Created by Thls Act; Flxin~ the Time Nhen This Act Shall Take Effect; and to Provide for the Election and Compensation of the City Officials Authorized by ?his Act; Creattn~ a Municipal Court and Deflnin~ its Powers and Jurisdiction; Creatin§ a Municipal Corporation in the State of Florida to be Known as the City of Everglades, and Crantin~ Unto it Specific and Ceneral Power and Authority Incident ano Necessary tc the Eunnin~ and Operation of a Municipal Corporation. EE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLCRIDA: Section 1. OLD CHARTER REPEALED AND N~W CHARTER That the present Charter of the Town of Everglades, in Collier County, Florida, and all laws amendatory there- of be and the same are hereby repealed, and a municipal &overwuent be and is hereby created under the name of "CITY OF EVERGLADES", in Collier County, Florida which shall possess the territorial limits and the powers and duties hereinafter set £cr~h. Section 2. BOUNDARIES. The territorial limits of the City of Everglades as created under this Act are hereby defined as follows: Beginning at the Northwest corner of the Southeast quarter of the Northwest quarter of Section 11, Township ~3 South, R~ngo 29 East, thence Easterly to the Northeast corner of the West half of the Southwest quarter of the Northeast qusrter of said Section 11, thence Southerly to the South- east corner o£ the West half of the Southwest quarter of the Southeast quarter of said Section 11; thence Easterly to the Northeast corner of the Northwest quarter of the Northeast quarter of Section l&, To~shlp 53 South, of P~nge 29 ~ast; thence Southerly to the Southeast corner of the Northwest quarter of the Northeast quarter of said Section lk; thence Westerly :o the Hor~heas~ corner of =he West half of ~he Sov~hwe~ qua~er of the No~heasc qua~er of ~ald Section lk; thence 5oucherl7 to ~hc ~ou~heas~ corner oD ~he ~les= ~iE of ~he No~h~es~ qua~er of 5ou~heas= ~a~e~ of 5aid Section lk; thence ~este~ly ~he Hor:heas~ corner of ~he 5ou:heas~ qua~er of the ues~ quar=e~ o~ said Section [[: thence Southerly ~ ~ou:heas~ corner of the forth half of the Southeast qua~er of the No~hwes: qua~er of Section 23~ To.ship ~5] south, ~nge 29 ~s:; thence Westerly ~o the corner of the North half of said Southeast qua~er of the ,Northwest qua~er of Section 2]; :hence No~herly to the Southeast corner of the No~hwea: qua~er of the wea: qua~er of said Section 23; thence Westerly ~o the Southwes~ corner of the No~hwes: qua~er of the Ho~h- wes: qua~er o~ said section 23; thence Westerly ,to the Southwest corner of the East half of the qua~er of the Southeast quarter of Section 15, To.ship '~3 South Range 29 Eas:; thence No~herly ~o the west corner of the East half of the No.beast quarter the S~:heast qua~er of said Secticn 15; thcnce Easterly to the No.beast corner of the East half of thc North- eas: q~er of the Sou:heas: qua~er of said Sec:ton thence No~herly to the No~hwes: corner of the Southwes: ua~er of the Southwes: qua~er of Section 11, To. ship ] South, ~nge 29 East; thence Easterly to the Southwest corner of the No.beast quarter of the Southwest qua~er of said Section 11; thence No~herly to the point of beginni~. Ail as sho~ on pla= of the Town o£ Everglades. recorded in Plat Book 1, Pages 87 :o 95, inclusive, Collier County records and the City limit~ as shown therecn. EXHIBIT "C" 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ARTICLE II - CORPORATE LiMi'r~ i Section 2.01 Description of Corporate Limits.--The following shall constitute the Corporate Limits of the City of Marco Island: A Corporate Line lying offshore from Marco Island, in portions of Township 52 South, Range 26 East, Collier County, Florida, which line is described as follows: From the corner common to Sections 17, 18, 19, and 20, Township 52 South, Range 26 East, run Westerly along the line common to said Sections 18 and 19 to a point 2,640 feet offshore in the Gulf of Mexico from the Mean High Tid~ Line Section 18 and the point of beginning. From said point of beginning, run Southerly. 2,640 feet offshore from the Mean High Tide Line of Marco Island, past the Southerly point of said Island to the mouth of Caxambas Pass, thence ~-un Northeasterly in the waters of Caxan%bas Pass to the center line of the channel of said Caxambas - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 ENROLLED 1997 Legislature HB 1729, First Engrossed Pass; thence run Easterly along the centerline 6f the channel of Caxambas Pass, to a point intersecting a marked channel running Northerly towards Barfield Bay; thence run Northerly along the centerline of said channel to a point 300 feet offshore in Barfield Bay from the Mean High Tide Line of the Easterly end of lands formerly kno~n as J.M. Barfield Subdivision, thence run Northerly, Easterly, and Southerly, 300 feet offshore in Barfield Bay from the Mean High Tide Line of Marco Island to intersection with the centerline of Blue Hill Creek; thence run Southeasterly along the centerline of Blue Hill Creek to a point 300 feet offshore in Blue Hill Bay from the Mean High Tide Line of Marco Island; thence continue Northerly, Easterly, and Southerly 300 feet offshore in Blue Hill Bay from the Mean High Tide Line of Marco Island to centerline of the aforementioned Blue Hill Creek; thence run Northeasterly along the centerline of Blue Hill Creek, but to a point intersecting the line common to Range 26 East and Range 27 East, Township 52 South, Collier County, Florida; 'thence run Northerly along the line common to said Range 26 and 27 but to a point intersecting the centerline of the channel of the Big Marco River, thence Northerly, Northwesterly, and Westerly along the cent~line of the aforementioned Big Marco River and out through the marked Capri Pass, being 2640 feet offshore from the Mean High - 2 - ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 Tide Line of Marco Island; thence run 'Southwesterly, Southerly and Southeasterly 2640 feet offshore from the Mean High Tide Line of Marco Island to the point of Beginning lying along the East-West line common to Sections 18 and 19, Township 52 South; Range 26 East. - 3 - P. I 41 State of County of C Before the B, they serve as Naples Daffy, ~ County. Florid being a Not the matter non was published issues starting At'flar~t 13,d~lish~ at new~al::~, ~es he F~a. each NAPLE~t DAR. Y NEWS Publllhed Dilly NapleS, FL 33940 lavit of Publication =lorida undersigned authority, personally apl:~ared .arab who on oath says that he Asst. Corp. Secretary, of the daily newspaDer published at Naples. in Coil,er a; that the attached copy of the advertising. ce of public Hearing un~form method of collecting .ad valorem a$$esments n said new8paper_, 4 times in the on 1 !/2 1/9~nc~ ending on 12/1,1/97 lays tnl! the said N&~e~ ~ ha~ ~ ~I~ ~i~a~ Of t~ atteC~ .co~l. rebate. ~ss~ ~ ref~ t~ t~ ~r~se of ~omenl I~ ~all~ (S~llt~O el AII,~I) Sworn tO and s~bscnbed before me this 25 ~ayof Junel9 98. Personify k r~OWrL Tlq:~ O! Ioe,%t,l,cAtK~' 'XOdUCed IOent, f,catton 120 3 RESOLUTION NO. 97-48~ A RESOLUTION OF THE BOARD OF COUNTY CC~I S S IONERS OF COLLIER COUNTY, FLORIDA, SETTING FORTH ITS INTENT TO USE THE UNIFORM METHOD OF COT-T-~-CT ING NON-AD VALOREM ASSESSMENTS FOR II~rERIM GOVF.~N~tL SEKVICES FEES WITIIIN THE UNINCORPORATED AREA AND THE INCORPORATED AItF, AS OF COLLIER COUNT!. WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as Board or County) has determined that certain costs of government services provided to identified parcels of real property should be paid for through the development and imposition of interim governmental services fees imposed upon such parcels; and WHEREAS, the Board has determined that a non-ad valorem assessment is the most feasible method to impose to collect interim governmental services fees against properties within the unincorporated and incorporated areas of Collier County; and WHEREAS, the Board has identified and recognizes a need for the levy of a non-ad valorem assessment for the interim governmental services fees and elects to use the uniform method of collecting such assessments; and WHEREAS, Section 197.3632, Florida Statutes, provides for the uniform method of collecting non-ad valorem assessments and said Section requires that the County adopt a resolution at a public hearing prior to January 1 stating its intent to use the uniform method of collecting non-ad valorem assessments; and WHEREAS, Section 197.3632, Florida Statutes, also requires that the County publish notice of its intent to use the uniform method of collecting non-ad valorem assessments weekly in a newspaper of general circulation within the County for four consecutive weeks prior to the hearing; and WHEREAS, the County has published the required notices. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO~ISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. There is a need for the levy of a non-ad valorem assessment to provide for the imposition and collection of interim governmental services fees. 2. The non-ad valorem assessments levied for the interim governmental services fees against the properties located within the unincorporated area and incorporated areas of Collier County, Florida, that receive a certificate of occupancy between July 1, and the following June 30 of each year that are not shown as an improvement to the real property on the ad valorem tax bill may be collected utilizing the uniform method for collecting such non-ad valorem assessments as provided in Section 197.3632, Florida Statutes. The special assessment to be levied as the non-ad valorem assessment shall pay for the enhanced County services provided by the County by virtue of the existence of the said improvement(s) on the real property and the use, occupancy or potential use or occupancy of the improved property. The special assessment is for the interim governmental services fees that are imposed on the improved real property being given a certificate of occupancy for the portion of a tax year or years remaining subsequent to the issuance by the County of the certificate of occupancy. 3. The County recognizes the requirement of Section 125.01(1) (q), Florida Statutes, that provides that the boundaries of a municipal service benefit unit may include all or part of the boundaries of a municipality (in addition to all or part of the unincorporated area) subject to the consent by ordinance of the governing body of the affected municipality given either annually or for a term of years. It is the County's intent to use the uniform method of collecting non-ad valorem assessments for interim governmental services fees for the unincorporated area of Collier County and for any municipality within Collier County that consents pursuant to Section 125.01(1) (q), Florida Statutes. If the governing body of a municipality does not adopt a consent ordinance referenced in Section 125.01(1) (q), Florida Statutes, by February 1, 1998, then such municipality shall not be included within the interim governmental services fees municipal service benefit unit. If no municipality consents through its governing body for all or a part of its municipal boundaries to be included in such benefit unit, the County intends to use the uniform method of collecting non-ad valorem assessments for interim governmental services fees for the unincorporated area of Collier County. 4. A legal description of the boundaries of the real property subject to the levy is provided in the document entitled "COLLIER COUNTY" and Exhibits "A", "B" and "C" attached hereto and made a part hereof. 5. A copy of this Resolution shall be mailed by United States Mail to the Collier County Property Appraiser, the Collier County Tax Collector, and the State of Florida Department of Revenue by January 10, 1998. 6. This non-ad valorem assessment is a one time assessment upon improved real property for interim governmental services fees. This Resolution adopted this/~ day of /~~, 1997, after motion, second and majority vote. DATED :. /~~L~/~//;~/ AT, TEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TIMOTHY ~. HANCOCK, Chairman Approved as to form and legal sufficiency: lJavid C. Weige]' ~'- ~,) County Attorney f; ew/Resolutio~ Collecting non-Ad V~lor~rn A~*sa Se~ice Fees 3 o COLLIER COUNTY T}IE BOUNDARY LINES OF COLLIER COUNTY ARE AS FOLLOWS: BEGINNING WHERE THE NORTH LINE TO TOWNSHIP FORTY-EIGHT SOUTH EXTENDED WESTERLY INTERSECTS THE WESTERN BOUNDARY OF THE STATE OF FLORIDA IN THE WATERS O1~ THE GULF OF MEXICO; THENCE EASTERLY ON SAID TOWNSHIP LINE TO THE NORTHWEST CORNER OF SECTION FOUR OF TOWNSHIP FORTY-EIGHT SOUTH OF RANGE TWENTY-FIVE EAST; THENCE SOUTH TO THE NORTHWEST CORNER OF SECTION NINE OF SAID TOWNSHIP AND RANGE; THENCE EAST TO THE EASTERN BOUNDARY LINE OF RANGE TWENTY-SIX EAST; THENCE NORTH ON SAID RANGE LINE TO THE NORTHWEST CORNER OF TOWNSHIP FORTY-SEVEN SOUTH OF RANGE TWENTY-SEVEN EAST; THENCE EAST ON THE NORTH LINE OF TOWNSHIP FORTY-SEVEN SOUTH TO THE EAST LINE OF RANGE TWENTY-SEVEN EAST; THENCE NORTH ON SAID RANGE LINE TO THE NORTH LINE OF TOWNSHIP FORTY-SIX SOUTH; THENCE EAST ON THE NORTH LINE OF TOWNSHIP FORTY-SIX SOUTH TO THE EAST LINE OF RANGE THIRTY EAST; THENCE SOUTH ON SAID RANGE LINE TO THE NORTH LINE OF TOWNSHIP FORTY-NINE SOUTH; THENCE EAST ON THE NORTH LINE OF SAID TOWNSHIP FORTY-NINE SOUTH TO THE EAST LINE OF RANGE THIRTY-FOUR EAST AND THE WEST BOUNDARY OF BROWARD COUNTY; THENCE SOUTH ON SAID RANGE LINE, CONCURRENT WITH THE WEST BOUNDARY OF BROWARD AND DADE COUNTIES, TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF TOWNSHIP FI~TY-THREE SOUTH; THENCE WEST ON THE SOUTH LINE OF SAID TOWNSHIP FIFTY-THREE SOUTH TO WHERE THAT LINE EXTENDED INTERSECTS THE WESTERN BOUNDARY OF THE STATE OF FLORIDA IN THE WATERS OF THE GULF OF MEXICO; THENCE NORTHWESTERLY AND ALONG THE WATERS OF SAID GULF OF MEXICO, INCLUDING THE WATERS OF SAID GULF WITHIN THE/URISDICTION OF THE STATE OF FLORIDA, TO THE POINT OF BEGINNING. . PER FS 7.1 I LESS INCORPORATED AREAS OF COLLIER COUNTY DESCRIBED IN EXHIBIT A, CITY OF NAPLES AND EXHIBIT B, EVERGLADES CITY AND ~.X~InXT ¢, CITY OF MARCO ISLAND EXHIBIT CITY OF NAPLES 10/95 CITY LEGAL DESCRIPTION (INCLUDING WEST BOULEVARD ANNE~TION AREA) Beginning at the ~orthwest corner of Section 16, Township 49 South, Range 25 Eas~, thence east along the north line of said Section 16 to the north quarter corner of Section 16, also the northeast corner of Government Lot One; thence south 00 degrees 4S minutes 40 seconds east for 30.00 feet to the northwest corner of Park Shore Unit No. 4, said, point is also the southwest corner of Seagate Drive and Craycon Road; thence along the platted boundary of said Park Shore Unit N6. 4 in the following described courses: north 89 degrees 31 minuce~ 00 seconds east 336.83 feet; south 0 d~grees 39 minutes 10 seconds east 660.00 feet; north 89 degrees 31 minutes 00 seconds east 330.00 feet; no=ch 00 degrees 39 minutes 10 seconds west 660.00 feet to the south right of way line of Seagate Drive; thence east along the south right of way line of Seagate Drive 1,866.98 fee~ to a point on the west right of way line of U.S. 41 (Tamiami Trail); said point being the southwest right of way corner of Seagate Drive and U.S. 41 (Tamiami Trail); thence southerly along the west right of way line of U.~. 41 (Tamiami Trail) 2,623.60 feet to a point on the east and west quarter section line of Section 16, Township 49 South; Range 25 East; chance along the east and west quarter section line of said Section 16, north 89 degrees 39 minutes 50 seconds east 150.00 feet to the east quarter corner of said Section 16; thence along the east line of said Section 16, south 0 degrees 24 minutes 40 seconds oast 2649.62 feet uo thc northeas~ corner of Section 21, Township 49 South, Range 25 East; thence along the east line of said Section 21, South 0 degrees 43 minutes 30 seconds east 1069.33 feet to a point which lies north 89 degrees 16 minutes 30 seconds east 150.00 feet from the northeast corner of LoW I of Block 22 of said plat of Park Shore Unit No.3; thence at right angles to the west right-of-way line of U.S. 41 (Tamia~ Trail), easterly 25.00 feet to the east right-of-way line of U.S. 41; thence along the east right-of-way line of U.S. 41, southerly 810.97 feet to =he northwest corner of Block A, North Naples Highlands as recorded in Pla: Book 3, Page 12; thence south 89 degrees 43 minute~ east, 375.0 fee=; thence south 135.32 feet; thence north 89 degrees 40 minutes 45 seconds west, 22.53 feet to the beginning of a curve concave southeasterly, 113.23 ~eet (Chord - 112.72 feet, Radius 330 feet) to a curve, concave northwesterly, 92.68 fee~ (Chord - 92.22 feet, Radius 270 feet); thence north 89 degrees 40 m/nu=es 45 seconds west, 150.31 feet to the east righ~ of way line of U.S. 41; thence south along said ~&st right of way lin~ to the northwest corner of Tract "A", 1 RPR g '56 15:51 +1 813 434 4659 PRGE.OSZ 12C5 High Point subdivision; thence south 89 degrees 55 minutes 30 seconds east, 400.0 feet to the northeast corner of said Tract "A"; thence south 0 degrees 02 minutes 02 seconds west, 434.88 feet to the north line of Rosemary Heights Addition; thence west along said line to the northeast corner of Lo= 48, Rosemary Heights Addition; thence south along the east line of said Lot 48 to thc southeast corner of said Lot 48; thence west along the south line of Lots 48, 46, 44, ¢2, and 40 to the east right of way line of U.S. 41; thence southerly 858.62 feet along said east right of way line of U.S. 41 to a point on the north line of Section 27, Township 49 South, Range 25 East w~ich lies 24.88 feet east of the north-west corner of said Section 27; thence along the north line of said Section 27, east to %he no~theazt corner of the northwes~ quarter o~ said Section 27; thence continuing along the north line of said Section 27, east 45 feet to the east right-of-way line of C-851 (also known as Goodletta-Frank Road); thence along said east right-of-way line of C-851 (also known as Goodlette-Frank Road), (which right-of-way line lies 45 f~et east of, measured at right angles to, and parallel with the north and south quarter section line of said Section 27), to the north line of Lot 11, Naples Improvement Company's Little Farms, Plat Book 2, Page 2; thencc east to the east ~ection line of Section 27, Township 49 South, Range 25 East; thence north along the east linc of said Section 27 to the northeast corner of said Section 27; thence east along the north line of Section 26, Township 49 South, Range 25 East to a point 990.0 feet west of the west right of way line of Airport Pulling Road; thence south 01 degrees 30 minutes 00 seconds east, 1320.0 feet; thence north 89 degrees 25 minutes 40 seconds east, 660.0 feet: thence north 01 degrees 30 minutes 00 seconds west, 1320.0 feet to the north line of said Section 26; thence eas~ along said north line of Section 26 to the wes~ right of way line of A/rport- Pulling Road; thence southerly along the west right o~ way line of said Airport-Pulling Road to the south line of said Section 26 (said right-of-way line lying 50 feet west of the southeast corner of said Section 26); thence westerly along said south line to the southwest corner of said Section 26; thence northerly along the west line of said Section 26 to the southerly right-of-way line of Golden Gate Parkway (100 feet wide); thence easterly along said southerly right-of-way line to a point lying 1120.00 feet west of the west line of said Airport P~lling Road; thence northerly parallel with said west right-of-way line to the northerly right of way line of said Golden Gate Parkway; thence westerly along the north right of way of Golden Gate Parkway to a point 620 feet east and 235.46 fee= south of the northwest corner of LOt 8, Naples Improvement Company's Little Farms; thence north 235.46 feet to the north line of Lot 8; thence west along said north line 620 feet to the northwest corner of said Lot 8; thence southerly to that angle point in said east right-of-way line which lies on a line 400.00 feet northerly of (measured at right angles to) and parallel with the north line of Section 34, Township 49 South. Range 25 East; thend~ continuing along said east right-of-way line to the north 2 APR ~ 'gB 16:5! +! 813 43A ~59 PAGE.003 line of Gordon River Homes Subdivision; thence east along the north line of Lots 50, 49, and 48 to a point 22.5 feet east of the northwest corner of Lot 48; thence south parallel to the west line of Lot 48 %o the south line of Lot 48; thence west along the south line of Lots 48, 49, and 50 to the east right of way line of Goodlette-Frank Road; thence continuing along said east right-of- way line, which line lies 100.0 feet east of, measured at right angles to, and parallel with the north and south quarter section line of said Section 34; thence continuing along ~aid east right- of-way line to a,point on the north line of the southwest quarter of the northeast quarter of Section 34, Township 49 South, Range 25 East; thence continue on said right of way line 460.0 feet; thence north 89 degrees 41 minutes 30 seconds east 494.99 feet; thence south 0 degrees 34 minutes 06 seconds east 615.88 feet to a point of curvature; thence southwesterly 343.97 feet along the arc of a tangential circular curve, concave to the northwest having a radius of 243.97 feet and subtended by a chord which bears south 44 degrees 33 minutes 25 seconds west 345.84 feet: thence south 89 degrees 41 minute's 30 seconds west 250.0 feet to the easterly right of way line of Goodlette-Frank Road; thence south along said right of way line to a point 48.43 feet south of the north line of the south half of Section 34, Township 49 South, Range 25 East; thence north 89 degrees 56 minutes 59 seconds east 249.79 feet; thence northeasterly 173.98 feet along the arc of a circular curve concave to the northwest having a radius of 293.97 feet and being subtended by a chord which bears north 72 degrees 59 minutes 41 seconds east 171.46 feet; thence south 89 degrees 47 minutes 31 seconds east 808.79 feet; thence north 89 degrees 55 minutes 05 seconds east 993.64 feet to a point on that bulkhead line as shown on Plat recorded in Bulkhead Line Plat Book 1, Page 25, Collier County Public Records, Collier County, Florida; thence run the following courses along the said Bulkhead line, 47.27 feet along the arc of a non-tangential circular cuz-ve concave to the west, having a radius of 32.68 feet and subtended by a chord having a bearing of south 14 degrees 08 minutes 50 seconds east and a length of 43.26 feet to a point of tangency; south 27 degrees 17 minutes 25 seconds west for 202.44 feet to a point of curvature; 296.89 feet along the arc of a curve concave to the southeast, having a radius o~ 679.46 feet and subtended by a chord having a bearing of south 14 degrees 46 minutes 21 seconds west and a length of 294.54 feet to a point of reverse curvature; 157.10 feet along the arc of a curve concave to the northwest, having a radius of 541.70 feet, and subtended by a chord having a bearing of south 10 degrees 33 minutes 47 seconds west and a length of 156.55 feet to a point of reverse curvature; 307.67 feet along the arc of a curve concave to the northeast; having a radius of 278.30 feet, and subtended by a chord having a.. bearing of south 12 de,tees 47 minutes 59 seconds east and a length of 292.24 feet to a point of reverse curvature; 135.31 feet along the arc of a curve concave to the southwest, having a radius of 100.00._feet, and subtended by a chord having a bearing of south 05 degrees 42 minutes 27 seconds east and a length of 125.21 feet to a point of tangency; thence south 33 degrees 03 minutes 21 seconds west for 295.10 feet; and south 33 degrees 27 minutes 51 seconds west 1.93 feet to the north line of River Park East Subdivision which is also the north line of the south half of the southeast quarter of Section 34, Township 49 South, Range 25 East; thence along the north line of the south half of the southeast quarter of said Section 34, easterly to the west line of Section 35, Township 49 South, Range 25 East; thence along the west line of said Section 35, northerly 1320 feet more or less to the northwest corner of the south half of said Section 35; thence along the north line of the south half of sa~d Section 35, easterly to the west right-of-way line of State Road No. 31 (Airport Road), which right-of-way line lies 50.0 feet w~st of, measured at right angles to, and parallel with the east line of said Section 35; thence along said right-of- way line of State Road No. 31, south 00 degrees 13 minutes 57 seconds west 1800 feet more or less to a point on said west right- of-way line, which lies north 00 degrees 13 minutes 57 seconds east 848.02 feet and ~outh 89 degrees 46 minutes 03 seconds west 50.00 feet from the 'southeast corner of said Section 35; thence continuing along said west right-of-way line southerly 325.02 feet along the arc of a tangential circular curwe concave to the east, radius 2914.93 feet, subtended by a chord which bears south 2 degrees 57 minutes 43 seconds east 324.87 feet; thence continuing along said west right-of-way line, tangentially south 6 degrees 09 minutes 22 seconds east 3.13 feet; thence southerly along a curve concave to the southwest, having a central angle of 6 degrees 23 minutes 19 seconds and a radius of 1860.08 feet, a distance of 207.34 feet; thence south 0 degrees 13 minutes 57 seconds west 313.03 feet more or less to a point on the north line of and 20 feet west of the northeast corner of Section 2, Township 50 South, Range 25 East; thence southeasterly, 300.7 feet more or less to a point on the east line of said Section 2 which point lies 300.0 feet south of the northeast corner of said Section 2; thence along the east line of the north half of said Section 2, southerly to the southeast corner of the north half of said Section 2; thence along the south line of the north half of said Section 2; westerly to the northeasn corner of the southeast quarter of Section 3, Township 50 South, Range 25 East; thence southerly along the east line of the southeast quarter of said Section 3, and along the east lines of Sections 10, 15, 22, and 27, all in Township 50 South, Range 25 East, to the southeast corner of said Section 27, Township 50 South, Range 25 East; thence westerly along the south line of said Section 27, Township 50 South, Range 25 East, and along the westerly prolongation of said south line to a poin~ 1000 feet west of the mean low water line of the Gulf of Mexico; thence northerly along a line lying 1000 fee~ westerly of the meanders of the said mean low water line to an intersection with the westerly- prolongation of the north line of Section 16, Township 49 South, Range 25 East; thence easterly along said westerly prolongation to the p~ace of beginning, said land lying and being in Collier County, Florida. 4 ~P~ 2 '9~ 1~:53 +1 BI Chapt=r 29066 HOUS£ ~LL NO. ~6~ Laws or Florida, Acts of 1953 An Act to Abolish the Char~er o£ the Town of Everglades, in Collier County, Florida, and to Grant a Kew Charter for the "City of Everglades" in Collier County Created tinder This Act; to Define its Boundaries, Jurisdiction, Powers, Privileges and immunities; to Confirm the Title to all City Property In- cluding all Riparian and Foreshore Rights. the Title to All The Tide Water and Other Lands and River ~ottoms; to Validate all Taxes and Other Assessments and Levies Heretofore Fade; to Preserve the Validity and Binding Force of All Debts, Obligations and Liabilities of the Former Town of Everglades, and to Continue the Same as tho Debts and Liabilities of the City of Everglades Created by This Act, and to Preserve the Validity and Bindin~ Force of All Credits and Assets of the Former Tow~ of Everglades an~ to Continue the Same as the Credits and Assets of the City of Everglades Created by This Act; Fixing the Time Nhen This Act Skall Take Effect; and Provide for the Election and Compensation of the City Officials Authorized by This Act; Creatfn~ a ~nicipal Cou~ and DoftninE its Powers and Jurfsdiction; Creat~n~ e ~nicipal Corporation in the State of Florida to be Known as the City of Everglades. and Grantin~ Unto i~ Specific and General Power and Authority Incident an~ Necessa~ to the Running and Operation of a ~iclpal Corporation. BE IT ENACTED BY THE LEGISLATU~ OF THE STATE OF FLORIDA: Section 1. OLD CHARTER R[PEALED AND N~ CHARTER That the presen~ Cha~eP of the To~ of Everglades, in Collier County, Florida, and all laws amendatory there- of be end the same are hereby repealed, and a municipal Eover~en% be and is hereby created under the name of "CITY OF E~RGLADES", in Collie~ County, Florida which shall possess the territoPial limits and the po~ors and dutfes herei~e~ set fo~h. Section 2. BOUNDARIES. The territorial limits of :he City of Everglades c~eated unde~ this Act a~e hereby deffned as follows: Beg[nnin~ a% :he No~hwes: corneP of the S~%heast of the No~hwest guarteP of Section 11, Township 53 South, ~n~e 29 East, thence Easterly %o the No.haas% co.er the West half of the Southwest quarter of the No~heast quarter of said Section ll~ thence Southerly to %he South- mas% corner of the West half of the Southwest qua~er of %he Sou~heas~ quar:m~ of said Section ll; thence ~sterly :o %he Nor:hess: cornec of ~he No~hwes~ qua~er of the No~heast qua~er of Section l&, To.ship 5) South, of ~nEe 29 ~s%; %hence Southerly to the Southeast corner of %ha No~hwes: gua~e~ of %he No~heas% gua~e~ of said 12C Sect:~on 1L~ thence ~TesteF~y to the Northeast corner o~ ~he West half of the Southwest qua~er o~ the No~heasc.qua~eP of said Section l~; thence S~herly to thc Southeast corner o;' the k/est hair or ~he No~hwest qua~er of ~he S~utheast ~a~er of ~a~d ~ect$on ~i thence Westerly to ~n~ Northeast corner cr ~he S~theast qua~r or the So.th- west ~a~er of sa~d Sectio~ 1~; thence Southerly to the ~o~theast co~eP o~ the lo~h hal~ or the ~outheast Qu~tr o~ tht ~c~hwest qua~er o~ ~ect~on 23, To.ship t~3 south~ ~n{t ~ ~st; thence ~tsterl~ to th~ ~outhwest corner eL the Koch hair or said Southeast ~a~er or the ,No~h~st ~a~er ot Section 2~ thence ~o~ht~ly to the ~theast co.er o~ the No~hwest ~a~ir o~ the No.h- west ~er o~ said Section 23; thence Westerly to the S~thwest co.er or the No~hwst ~a~er or the ~o~h- west qua~or or soid section 23; thence Westerly ,~o ~ha Southwes~ co.er of the Bas~ hal~ of ~he ~ou~heas~ qua~er or the ~outheaa~ qua~er or Section ~, To. ship ,~ Sou~h ~n{e 29 ~s~; ~honce ~o~herly ~o ~he No~h-. ~es~ co. or or ~he ~s~ halt or ~he ~o~heas~ qu~eP of ~ha ~heas~ qua~er or said ~ec~ion ~5; thcnce ~erly ~o ~he No~hoas~ corner or ~he Eas~ hair or ~hc Nor~h- eas~ q~eP or ~he S~cheas~ qua~eP or said Section ~; thence ~o~herly ~o ~he No~hwes~ corner or ~he Sou~hwes~ qua~e~ of ~ha Sou~h~esc ~a~e7 or Section 11. To.ship ~} Sou~ht ~nce 29 ~s~; ~hence ~s~ePiy co ~he Southwes~ corner or the ~o~heas~ ~arter or ~he Sou~hwes~ qua~eP or said $~c~$on 1~; ~henca No~herIy ~o the poin~ or be~innt~. All as ~ho~n on plat or the Town or Everglades. recorded tn Plat Book l, Pa&es 87 to 95, inclusive, Collier County records and the City limits as shown :hereon. EXHIBIT "C" 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ARTICLE II - CORPORATE LIMi'rs ! Section 2.01 Description of Corporate Limits.--The following shall constitute the Corporate Limits of the City of- Marco Island: A Corporate Line lying offshore from Marco Island, in portions of Township 52 South, Range 26 East, Collier County, Florida, which line is described as follows: From the corner common to Sections 17, 18, 19, and 20, Township 52 South, Range 26 East, run Westerly along the line common to said Sections 18 and 19 to a point 2,640 feet offshore in the Gulf of Mexico from the Mean High Tide Line Section 18 and the point of beginning. From said point of beginning, rUn Southerly. 2,640 feet offshore from the Mean High Tide Line of Marco Island, past the Southerly point of said Island to the mouth of Caxambas Pass, thence run Northeasterly in the waters of Caxambas Pass to the center line cf the channel of said Caxambas - 1 - 12 3 ·, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ENROLLED 1997 Legislature }LB 1729, First Engrossed Pass; thence run Easterly along the centarline 6f the channel of Caxambas Pass, to a point intersecting a marked channel running Northerly towards Barfield Bay; thence run Northerly along the centerline of said channel to a point 300 feet offshore in Barfield Bay from the Mean High Tide Line of the Easterly end of lands formerly known as J.M. Barfiald Subdivision, thence run Northerly, Easterly, and Southerly, 300 feet offshore in Barfield Bay from the Mean High Tide Line of Marco Island to intersection with the centerline of Blue Hill Creek; thence run Southeasterly along the centerline of Blue Hill Creek to a point 300 feet offshore in Blue Hill Bay from the Mean High Tide Line of Marco Island; thence continue Northerly, Easterly, and Southerly 300 feet offshore in Blue Hill Bay from the Mean High Tide Line of Marco Island to centerline of the aforementioned Blue Hill Creek; thence run Northeasterly along ~he centerlina of Blue Hill Creek, but to a p~in= intersecting the line common to Range 26 Eas= and Range 27 East, Township 52 South, Collier County, Florida; 'thence run Northerly along the line common to ~aid Range 26 and 27 but to a point intersecting the centerline of the channel of the Big Marco River, thence Northerly, Northwesterly, and Westerly along the cente~line of the aforementioned Big Marco River and out through the marked Capri Pass, being 2640 feet offshore from the Mean High - 2 - ENROLLED 1997 Legislature 12C HB 1729, First Engrossed Tide Line of Marco Island; thence run 'Southwesterly, Southerly and Southeasterly 2640 feet offshore from the Mean High Tide Line of Marco Island to the point of Beginning lying along the East-West line common to Sections 18 and 19, To~ship 52 South; Range 26 East. - 3 - Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT P,O, BOX 413G44 N~ I~ 34101-3044 12C} CIRCUIT COURT COUNTY COUR1~ COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONER~ December 18, 1997 Abe Skinner Collier County Property Appraiser 3301 E. Tamiami Trail Naples, FL 34112 Re: Resolution 97-480 Dear Sir: Enclosed herewith is a certified cody of Resolution, approved by the Board of County Cormnissioners Collier County, Florida, on December 16, 1997. Very truly yours, DWIGHT E. BROCK, CLERK ~~ehne, Deputy Clerk Enclosure the above referenced of Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT lOJ~tl~, ~ 34101-30~ CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS December 18, 1997 Guy Carlton Collier County Tax Collector 3301 E. Tamiami Trail Naples, FL 34112 Re: Resolution 97-480 Dear Sir: Enclosed herewith is a certified copy of the above referenced Resolution, approved by the Board of County Commissioners of Collier County, Florida, on December 16, 1997. Very truly yours, DWIGHT E. BROCK, CLERK ~uty Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT CO~J~ ~ C~ NAPT~ FLORtOA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD Of: COUNTY COMMISSIONERS December 18, 1997 State of Florida Department of Revenue 3900 Commonwealth Blvd. Tallahassee, FL 32303 Re: Resolution 97-480 Dear Sir: Enclosed herewith is a certified copy of the above referenced Resolution, approved by the Board of County Commissioners of Collier County, Florida, on December 16, 1997. Very truly yours. DWIGHT E. BROCK, CLERK  Clerk ~(~~ne, Deputy Enclosure COLLIER COUNTY FLORIDA REQUEST FOR LEGAL. ADVERTISING OF PUBLIC tiEARINGS To: Clerk to the Board: Please place the following aa a: XXX Normal legal Advcrtiscment (Display Adv.. location, etc.) [] Other: 15A"l Comm. Dcv. Serv./Plarming Person:,,~,/,"~,~__~ Date: /~'/~' Q"'"~- Originating DeptY Div: Petition No. (ff none, give: brief description): ~W-97-I Petitioner: (Name & Address): D. Ashton Enter~rise~. Incorooratcd. 1361 Aimort Road North. Naoles. 1~ ~4104 Name & Address of any per,on(s) to be notified by Clerk's Office: (If mom space is needed, attach separate sheet) Randy Sevler, 1046 Pine Rid2e Road, Naoles. Florida ~4108 Heating bcfor~ BCC XXX BZA Other Req.=,ed da,e: / 6 o..dve . en,.ppcaring days Newspaper(s) to be used: (Complete only if important): XXX Naples Daily New~ Other [] Legally Required ~ TC.xt: (Include.legal d .cs~iption & com~. on !ocation & $i~: Petition No. AW-97-1. Randv Styler rct)reenting D. alco~_ ~s. Incort~ra~:reo.uesl,.nz 250 foot wa?er from the m,m. mu_m. required se~.ration of $00 feet betv,~a ul___.~e~__ ~cvina lc ocvera~es anna churches Ior a restaurant lOCated at 1046 Pine Ridge Road w~th a r~ultine 250 foot se~tation di~tance.~L~ Companion petition(s), ffany & proposed hearing date' Does Petition Fee incluch: a~vertising co~t? [] Yes [] No if Yes. what account should be charged for advertising costs: Division Head Date List Attachments: County Manager Date I){$TRmUTION ~$TRUCTION$ For bearings before BCC or BZA: Initiating person to complete one coy and obtain Di~4sloa Head appro~l before submitting to County Manager. Note: If legal document Is Involved, be sure that any necen_~ry legal review, or reqne~ for s~ne, is submitted to County Attorney before submitting to County Manager. The Manager's office will di~ribate copies: [] County Manager agenda file: to Clerk's Office [] Reque.xtiug Division [] Original B. Other heafing~: Initiating Divi,'ion head to approv~ ar~ submit original to Clerk's Office, retaining a copy for file.. FOR CLERK'S OFFICE USE ONLY: bar, Received: //-~-~7 Da~ofPublichcafing:/z~-1~'":/7 11- o- 17 PIX II!111111111111111111111111111111111111111111111111111111111111' 1 3~ ITr~NSm T ~SCO~DI ID: COI_LIE~ CO I,,10u-21-'9'? I:'RI 10:43 P-~ NO. DATE ST. T I ME TOTAL T I ME ABBR I D STATUS ~PGS DEPT CODE COfflM. COI~ 4E~ 11-2~ 12:22 ~ 83' I~9 926.34~ OK 5 ~11 4~ 11-~ 14:47 ~'~1 9~ ~ 4 ___ 11 :~9. 11-~ 15:19 :4~.( '11-21~ 18:41 TOT~ ~ 23 13A November 21, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Intent to consider Petition AW-97-1 Dear Judi: Please advertise the above referenced notice one time on Sunday, November 30, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, ~~. Kuehne, Deputy Clerk Purchase Order #800551 1 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, DECEMBER 16, 1997, 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 AW-97-1, Randy Seyler representing D. Ashton Enterprises, Incorporated, requesting 250 foot waiver from the minimum required separation of 500 feet between places serving alcoholic beverages and churches for a restaurant located at 1046 Pine Ridge Road with a resulting 250 foot separation distance further described as: Lot 51, Naples Improvement Company's Little Farms, as recorded in Plat Book 1, Page 2, of the Public Records of Collier County, Florida. Ail 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 CO~{MISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Jody S. Kuehne, Deputy Clerk (SEAL) Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT NAPLES, ~C)~IC~ 34101-3O44 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSlONER~ November 21, 1997 Randy Seyler 1046 Pine Ridge Road Naples, FL 34108 Re: Notice of Intent to consider Petition AW-97-1 Dear Petitioner: 1 Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16,1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 30, 1997. You are invited toattend this public hearing. Sincerely, uehne, Deputy Clerk Encl. Dwlfht E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT N~etn, R.OI~OA 34101.3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISS1ONER~ November 21, 1997 D.Ashton Enterprises, Inc. 1361 Airport Road North NaDles, FL 34104 Re: Notice of Intent to consider Petition AW-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Comissioners on Tuesday, December 16,1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the NaDles Daily News on Sunday, November 30, 1997. You are invited to attend this public hearing. Sincerely, uehne, Deputy Clerk Encl. RESOLUTION NO. 97- RELATING TO PETITION NUMBER AW-97-1 FOR A WAIVER OF A PORTION OF THE SEPARATION REQUIREMENT BETWEEN AN ESTABLISHMENT WHICH SELLS ALCOHOLIC BEVERAGES FOR CONSUMPTION ON PREMISES AND A CHURCH FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ord. No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the unincorporated area of Collier County empowers the Board of Zoning Appeals to hear requests to waive the minimum separation requirement between establishments serving alcoholic beverages for consumption on premises and an established church, and WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the unincorporated area of Collier County further provides the criteria by which said evaluation to waive all or part of the minimum distance requirement shall be made; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of granting the waiver of separation requirement for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.6.10.3 of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given an opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented; -1- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition AW-97-1 represented by Randy Seyler, on behalf of Ashton Enterprises, Incorporated, with respect to the property hereinafter described as: Lot 51, Naples Improvement Company's Little Farms, as recorded in Plat Book 1, Page 2, of the Public Records of Collier County, Florida. be and the same hereby is approved for a waiver of 250 feet from the minimum separation requirement of 500 feet between the above described property and the lot on which the nearest established church is located, with a resulting required minimum separation requirement of 250 feet. BE IT RESOLVED that this Resolution relating to Petition Number AW-97-1 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJO~/E M. STUDENT ASSISTANT COUNTY ATTORNEY f/AW-97-! resolution -2- Nmp~es, FL 33940 AfftdeY~t of BOARD OF COUNTY COflflISSZC~IERS ATTN: NANCY SALOGU~ PO BOX &13016 NAPLES FL 3&101-3016 REFERENCE: 001230 County of CoLLier Before the undersigned eut~orJty, appeared B. Lamb, ~ ee oath ~ay~ as the AssJstmt Corporate ~ret.~ o~ t~ ~L~ DaiLy g~s, . ~tLy ~r ~Lt~ ~n ~LLter C=ty, FL~J~: t~t t~ atta~ Affect furt~r ~l tMt ~ MSd ~L~ ~tty ~LL~en ~ty, FLor~, ~ tMt t~ ~?d ~l~r MI Mret~ ~ ~tt~Ly ~tt~ tn Mtd ~LLter ~ rotter it t~ ~t offtce ~fl ~tfl, CoLLier ~, FLorJ~, f~ · ~xt prec~t~ t~ ftrst ~LJ~m Ittlc~ ~ Of ~tJ~t; furt~r Ks tMt ~ ~ ~1~ ~ttcatt~ ~n t~ ~td ~. PU~LZSHEO ON: 11~ AD SPACE: 66.~C) INCH FZLED ON: 11/'~C)/9T Signature of Affl~t ~ ' ~ S~rn to ~ S~scrt~ ~fo~ ~ this ,'~ RESOLUTION NO. 97- 45! RELATING TO PETITION NUMBER AW-97-1 FOR A WAIVER OF A PORTION OF THE SEPARATION REQUIREMENT BETWEEN AN ESTABLISHMENT WHICH SELLS A~COHOLIC BEVERAGES FOR CONSUMPTION ON PREMISES AND A CHURCH FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public~ and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ord. No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the unincorporated area of Collier County empowers the Board of Zoning Appeals to hear requests to waive the minimum separation requirement between establishments serving alcoholic beverages for consumption on premises and an established church, and WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the unincorporated area of Collier County further provides the criteria by which said evaluation t° waive all or part of the minimum distance requirement shall be made; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of granting the waiver of separation requirement for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters rec~ired by said regulations and in accordance with Section 2.6.10.3 of the Land Development Code ~or the unincorporated area of Collier County~ and WHEREAS, all interested parties have been given an opportuni~y to be heard by this Board in public meeting assen~led and the Board having considered all matters presented~ -1o NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition AW-97-1 represented by Randy Seyler, on behalf of Ashton Enterprises, Incorporated, with respect to the property hereinafter described as: Lot 51, Naples Improvement Company's Little Farms, as recorded in Plat Book 1, Page 2, of the Public Records of Collier County, Florida. be and the same hereby is approved for a waiver of 250 feet from the minimum separation requirement of 500 feet between the above described property and the lot on which the nearest established church is located, with a resulting required minimum separation requirement of 250 feet. BE IT RESOLVED that this Resolution relating to Petition Number AW-97-1 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this /~/~. day of ~~-/, 1997 n..~?ST..~ . ,~..._.: ,~', ~' · BOARD OF ZONING APP~S ~'~T,~%;~K.~CLERK-- COLLIER COUNTY, ~ORIDA ~'~., ,',~..~.X* .. / APPROVE~ AB'* TO FO~ AND LEGAL SUFFICIENCY: ~RJO~E M. STUDENT ASSISTANT COUNTY ATTORNEY f/AW-97-1 resolution -2- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN THE ORCHARDS, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioner~ of Collier County, Florida, on January 18, 1994 approved the plat of The Orchards for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as wnended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainab~e, water and sewer improvements in The Orchards, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, ~cond and majority vote favoring same. DATE: ATTEST: DWIGHT E, BROCK, CLERK Approved as to form and legal sufficiency: H~[~li F. Ashton Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1~IMOT!~LThAN(~OCK, CHAIRMAN ~QUEST FOlK L~GJJ. ~y~TSSING OF PLEI.~C Coml~io~ petition(s), if any, · I~q:x:4ed heirJng Cimte:~ for ~ertisi~ costs= 113-~312-649100 P.O.~' A. For heari~s ~f~ ~ ~ ~: InJtlzti~ ~ to ~ete ~ ~ ~ ~tmin Oivlsim He~ ~at ~f~e .- f~t f~ s~. il ~ lo ~T~ ktt~Tef ~fn ~--~l~)m to ~-~ ~' The ~'s Office distri~e c~i~: 16A III111111111111111111111111111111111111111111111111111111111111' ,iii1111111111111111111111111111111111111111i!11111111111111111 TOT~&. ~ 93 T.O C~L~/ON: 1~01~ ' HO % coll,.m: co~nC'¥ (813) 77&-e4oe , (8].3) 774-8606 December 4, 1997 Ms. Judith Flanagan NaDles Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition AV-97-022 Dear Judi: Please advertise the above referenced notice one time on Monday, December 8, 1997 and again on Monday, December 15, 1997. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Maueen Kenyon, Deputy Clerk Purchase Order #800551 PUBLIC NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on December 16r 1997 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. On December 16, 1997, the Board of County Commissioners will consider a Resolution to vacate a portion of the recorded plat of "Autumn Woods Unit One", and approve for recording the final plat of "Autumn Woods Unit Two". This item is scheduled to appear on the Consent Agenda as a "REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF AUTUMN WOODS UNIT TWO, AND APPROVE THE VACATION OF A PORTION OF AUTUMN WOODS UNIT ONE PLAT, PETITION AV-97-022" Persons wishing further information, or to have the item removed from the Consent Agenda and placed on the Regular Agenda should contact the Planning Services Section of the Community Development and Environmental Services Division of Collier County Government at 403-2400. 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 TIMOTHY L. HA/~COCK, CHAIR/WOkN DWIGHT E. BROCK, CLERK By: /s/Maureen Kenyon, Deputy Clerk ( SEAL ) · 16A 2 PUBLIC NOTICE On December 16, 1997, the Board of County Comrrfissloners will consider a Resolution to vacate a portion of the recorded plat of' "Autumn Woods Unit One", and approve for recording the final plat of"Autumn Woods Unit Two". The item is scheduled to appear on the Consent Agenda as "REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF AUTUMN WOODS UNIT TWO, AND APPROVE THE VACATION OF A PORTION OF THE AUTUMN WOODS lIN'IT ONE PLAT, PETITION AV-97-022". Persons wishing further inforrnat{on, or to have the item removed from the Consent Agenda and placed, on the Regular Agenda should contact the Planning Services Section of t Co~ Development and Environmental Services Division of Collier County Government at ~~ 'i ...... -- .................... 3 · EE ACCEPTANCE OF AY/I~ WOODS U. I~ AS A~ ~ou~ ~-~ , T ~~ , . ~ Count~ co~i~sioners of Collier C~uv.~y, ...... ~:~J~'~=":~--"~"" ~2 Florida, on April 22, 19~, approv=~ ~,.- ~- ~;~<~ ~ '-~ X) ~EREAS, Centex Eomes is replatting a portion of TraCu L3 I6 (drainage easement) and has filed for a replat o~ said land~I and ..... -v-:"~{~-."'.(~.3 ~ <.% '.' ~7 ~, .... ,'?~ ~..: · .... ~ ~HEREAS, except as 9rovide~ for in this Resolution, this ~,f.~....: ,.. .',": . ~ ig contained in [~~.,.~,~.'~'~ ,9 does not extinguish or in an'ay affect the dadicati°ns the previous plat ot th~se landsl and . . 20 '"'t~n~t~:~"" ...... '"" "'" = 22 ~ER~S. Cea=ex Eomes desires to vacate a portion of ~ 23 previously recorded plat an described tn E~b~t A~ and 25 ~EREAS, this parcel, the approved pla~ of Autu~ Woods Unt~ ~,. . ~ 26 Two, is a part o~ a previously approved and recorded plat, Au=u~ ~ 27 Woods Unit One, and the filing and r~cording of this approved plat ~ ' '~ 2~ shall not affect access to lots previously conveyed under the AutUmn  29 woods Unit One plat. 30 31 NOW, ~E~FO~, BE IT ~SOL~D ~ O~ERED BY ~ EO~ OF 33 Autu~ Woods Unit ~, a part of a previously approved and recorded 34 plat, Autumn Woods Unit One, is hereby approyea for recording and the 3~ dedications contained on the plat of Autu~ W~ds Unit ~o are here'~ ~" : 36 accepted, and tho~e Xand~ dascribad in ~tbt~ ~ ar~ her~by --~:-~.:~ 39 . ~'~ -SOL~D ~ ORDERED tha~ the C!~rk of the BE IT ~xn-.. ~ ' . ' ' on u=on the a0 o~ .... ~t Court shall ~ke proper notatxon ot ~hm~=,~c,~__~... a-~ a ~2 prevXOUS pza~ ~t'~ -' .... ---. ...... ~,,~n in the O~lciax ~:~ru~ ~3 certified copy O: the vaca~xu~ ~= ~ Collier County. This Resolu~-ion adopted after motion, second and majority vo%e ~7 favoring same. ~ .Z~.. ..-- '" -- - -~ .... ~"'"" "~'" '-'~ ...... ' 50 DATED: ~ ~ ~ 5~ A~EST: 52 BO~ OF CO~Y CO~iSSi:~KS 5~ DWIGE~ E. BR~K, CLE~.K 56 By: 57 TIMOT~ L. b~CCCi'2 62 Approved as tO form, and legal .... 63 sufficienCY: , ~ ....................... ~ , d ',' '%"---~-, 66 ~exdi Fi' A§hton' .......... ' .... 67 Assistant Collier Cou~nty Attorney 69 DwiQ~ht K. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT KX K~X d130~ 16A"2 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMI~IONER~ December 5, 1997 Centex Homes Wilson, Miller 3200 Airport Road Naples, Fl. 34105 Re: Public Hearing to Consider Petition AV-97-022 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 16, 1997, as indicated on the enclosed notice. The ~egal notice pert&ining to this petition will be publishe~ in the Naples Daily News on Monday, December 8, 1997 and again on Monday, December 15, 1997. You are invited to attend this public hearing. ~aureen Kenyo~n, Deputy Clerk Enclosure 16A 2 RESOLUTION NO. 97_~ RESOLUTION AUTHORIZING THE ACCEPTANCE OF AUTUMN WOODS UNIT TWO A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS AUTUMN WOODS UNIT ONE, AND AUTHORIZING THE VACATION OF A PORTION OF A PREVIOUSLY RECORDED PLAT OF AUTUMN WOODS UNIT ONE ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION AV- 97-022 WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 22, 1997, approved the plat of Autumn Woods Unit One for recording; and WHEREAS, Centex Homes is replatting a portion of Tract L3 (drainage easement) and has filed for a replat of said lands; and WHEREAS, except as provided for in this Resolution, this replat does not extinguish or in anyway affect the dedications contained in the previous plat of these lands; and WHEREAS, Centex Homes desires to vacate a portion of the previously recorded plat as described in Exhibit A; and WHEREAS, this parcel, the approved plat of Autumn Woods Unit Two, is a part of a previously approved and recorded plat, Autumn Woods Unit One, and the filing and recording of this approved plat shall not affect access to lots previously conveyed under the Autumn Woods Unit One plat. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT%f, FLORIDA, that the plat of Autumn Woods Unit Two, a part of a previously approved and recorded plat, Autumn Woods Unit One, is hereby approved for recording and the dedications contained on the plat of Autumn Woods Unit Two are hereby accepted, and those lands described in Exhibit A are hereby vacated. Said vacation shall become effective upon recordation of the subject plat. BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the Circuit Court shall make proper notation of this action upon the previous plat and record a certified copy of this replat and a certified copy of the vacation resolution in the Official Records of Collier County. This Resolution adopted after motion, second and majority vote favoring same. DATED: ~/~/ tf~ ATTEST :..~ ~ ~/ij -. ~:,.' ,,'.',--,.:'... U/ DWIOHT ~. BROOK. 'CLERK Approved as to form and legal sufficiency: Heidf--F. ~shtdn Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS TIMOTHY L. HANCOCK CHAIRMAN 2259844 OR: 2372 PG: 2339 IICO~DID ID O[[IClIL IlCOID$ o! CO~&lll C01DII~, 12/18/~7 at 11:~3~ D~IGII~ I. HOCl, CLllI CO, IlS letn: C~lil TO TBI ~OARD IrfllOr~ICl 4TH Il! 7210 -- / PERFORMANCE BOND 2 1..6A BOND NO: 5921790 KNOW ALL PERSOI~IS BY THESE PRESENTS: That CENTEX HOMES, a Nevada General Partnership, 6702 Lone Oak Boulevard, Naples, FL 34109, (hereinafter referred to as "Owner") and SAFECO INSURANCE COMPANY OF AMERICA. 2200 Ross Avenue. Suite 3300. Dallas, TX 75201 (hereinafter referred to as "Surety") ara held and firmly bound unto Collier County, Florida (hereinafter referred to as "County"}, in the total aggregate sum of Five hundred three thousand, nine hundred eh3htv-four dollars and NineS-one Cenv {~503.984.~11) of which in the lawful money of the United States, for the payment of which sum well and truly to be paid, wa bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas the Owner has. submitted for approval by the Board a certain subdivision plat named Autumn Woods, Unit 2jmd that certain subdivision shall include specific Improvements which are required by Collier County Ordin~-~,as and Resolutions (hereinafter 'Land Development Regulations'). Th~ obliga6on of the Surety shall commence on the date th~s Bond ~ executed and shall continue until the date of final acceptance by the Board of County Comm[ssloners of the specific improvements d~sc~ibed ~n the Land Development Regulations (hereinafter the 'Guaranty Period'). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform Its obligatlon~ and duties in accordance with the Land Development Regulations during the guaranty pe¢iod e~tablished by the County, end the Owner shall satisfy NI claims an<l demands incurred and shall fully i~demnffy and save harmlese the County from and against all costs and damages which it may suffer by reason of Owner's failure to do eo, end shall reimburse and repay the County ali outlay and expense which the County may incur in making good erly default, then this obligation sha~l be voE:l, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, add,on or deletion to the proposed improvements shall in any way affect its obligation on this Bond, and it does hereby wa'rye notice of any such change, extension of time, etteration, addition or deletion to the proposed specific improvements. Performance Bond Page 2. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term 'Amendment", wherever used in this Bond, and whether CENTEX HOMES, a Nevada General Partnership referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. SiG'YED, SEA,ED AND DE THE PRESENCE OF: By: Centex Real Eatate Corporation, a Nevada ts;anaging General Partner By: !44/1, .[/I,~ k TIMOTHY J. RUI=MLER Division President SIGNED, SEALED AND DELIVERED IN (Print Name) (Print Name) State of Florida Collier, SS I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgrner~, personally appeared, Timothy J. Ruemler, Division Preaident of Centex Real Estate Corporation, Managing General Partner of Centex Homes, a Nevada General Partnership, on behalf of the Partnemhip. He il personally known to me and did not take an oath. SIGNED, SEALED AND DEMVERED IN THE PRESENCE OF: ISlgnature) (Pfi.'nt Name) (Signature) ~ Name) (Print Name) Attorney-tn-fact ~r]'tle) State of Texas County of Dallas On this 24th day of A11,yson Dean November of SAFECO INSURANCE COMPANY OF /LqERICA ,19 97 - before me personally appeared , known to ma to be the Attorney-in-Fact , the.c°rporadon tha~ executed the within instrumem, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, et my off~e in the aforesaid county, the day and year in this certificate first wrkten ~x3v(t. ~ Comnliss~on Explrss: I0-g-98 ~RSIGilED BY: LZ-CEN~£1)'R~'S~D£NT kG~NT "-~ KNOw AiL BY THESE PRESENTS: ~ SAFECO INSURANCE COMPANY · ~'ocx'attoc~. doer each hereby POWER 04: ATTORI~'Y 6065 OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, eech· W~d~ington EDDIE MONTEITH; ALLYSON DEAN; SUZANNE HESS; Del les, Texas""""""'""" Attorrmy are Itiii In full force and effect. ~'~_;:IN WIll, SS WHEREOF, I have hereunto set my hind and ·ffixed the facsimile seal of said corporation ,~' R. A. Plerlon. Storltary of SAFECO II~ANCE COMPANY OF AMERICA md of OEI~ INSUK/LNCE COMPAI~ OF ~ :::~.~do~"*" hereby oertify that tho forngoing extracta of the By-Laws and of · Resolution of the Board of Directors of these c~~ mdnd '~ibf · Powm' of Attorney issued pur~t thor·to, are true md correct, md that both the By-Laws. the Risolution md the Power of a~l and lawful attomey<s)-in-fact, with full ~uth~i~ to extoute on it~ behalf fidelity md ~urety I~ or ~z.~le~-taklng~ md ~ :?~10~ of · similar character issued in the oourse of ItS business, md to bJncl the rls~ cofl'Gl~ thereby. :~.!~, ~ md ~ these Ix'esents CEFrTIFlCATE Extract from the By-Lswl of SAFECO INSURANCE COMPANY OF AMERICA md of GENERAL INSURANCE COMPANY OF AMERICA: ~,%~Arfl~lt V. Section 13. - FIDELITY ANO SURETY BONDS . . . the President. any Viol Prelident. the Sloretary. md ~ Assistant ~ ~*~.Prllident appointed for that purpose by the offi0ar in charge of surety operations. Ihall each have authority to appoint imJtvtcludl Il I:ittomlyl-in-fact or under other appropriate titles with ~Jthortty to ·xeoutl on behalf of the complly fidelity md lUl'~ty borlds md '?::Other documents of similar character issued by the company in the course of its business ... On any instrument rnakif~g or Mdltolng ~.:lt~.h appointment, the llgnatures mW be affixed by facsimile, On m'ry in~rurnent conferring such ~uthority or off any bored or urtdlrtlklng the company, the leal. or · facsimile thereof, may bt impresled or ·ffixed or in any other manner reproduced; p~ovtded, however, i~:~t~lt the seal ihall not be necessary to the validity of any luoh inslzument or undertakir~' Extract from · Resolution of the Board of DIreotom of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA ~:lopted July 28. 1970. any certificate exlcuted by the Secretary or an a~·i/tant ·eorltary of the Company letting out. (i) The provlsione of Article V. Section 13 of the By-Laws. md (ii) A copy of the power-of-attorney appointment, txeouted purluant thereto, and (iii) Certifying that ~ald power-of-attorney appointment ti Iff full forcl and effect. · Itgn/turl of the certifying officer may be by facsimile, end the leal of ~e Company may be · fa~llmill thereof. COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRHCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this /~..~(. day of ~ , 19Z~ between CENTEX HOMES, a Nevada General Partnership authorized to transact business in the State of Florida, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: AUTUMN WOODS UNIT 2, B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements, NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: A certain plat of a subdivision to be known as "Autumn Woods Unit 2', with all infrastructure improvements, including potable water system, sanitary sewer system, storm drainage system, roadway system and landscaping consistent with VVMBP Projec -~, Sheets I through 14. The required improvements will be constructed within eighteen (18) months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof} in the amount of $503.984,91 which amount represents 110% of the estimated cost to complete the required improvements at the date of this Agreement. In the event of default by the Developer, or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer, along with the final project records, have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. c:~...~a~woodmVmndev2.cod ~ollier' ~:ounty Land Development Code The Development Services Director shall, within sixty {60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one (1) year after preliminary approval by the Development Services Director. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director, or his designee, shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. Six (6) months after the execution of this Agreement and once within every six {6) months thereafter, the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer, together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. Page 2. ~:ollier'(~ounty Land Development Code Page 3. IN WITNESS WHEREOF, the Board and the Developer have caused t~S Agree. m.en.t to.be executed by their duly authorized representatives this /~3C, day of ~ , SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Printed or Typed Name STATE OF FLORIDA COUNTY OF COLLIER CENTEX HOMES, a Nevada General Partnership By: Centex Real Estate Corporation, a Nevada ~~ng General Partner By: TlUb'~H~ J. RUEMLER Division President I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, Timothy J, Ruemler, Division President of Centex Real Estate Corporation, Managing General Partner of Centex Homes, a Nevada General Partnership, on behalf of the Partnership. He is personally known to me and did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this [2th day of c:~...~a~ woOds~landev 2.cod (~ollier't'and Development Code WITNESS: Signature~X~ J Approved as to form and legal sufficiency: ounty Attorney ]6A2 Page 4, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 'I:IMOTHY~. HAN(~C)-C'K. Cl~airman /,,,9./,,,/~/~ ATTACHHENT D PETITION TO VACATE. AVANDON. DISCONTINUE. OR CLOS~.~ o 16A2-. Date Received: Petition NO: Address: Telephone: City/State: N~P~6%! /~L, , Zip Code: Agent: ~'~0~, ~a6~/,~.~m~r~A/ ~ ~~ /~. Address: ~~lLg~ &m. ~Uz~ ~ Telephone: Location: Section /Ig::~ Township 4'~ Range ~:-~' Subdivision: ~x~UT'~/V' ~Z~.~ (./A~xx.7'z~/~z(? PlaC Book 2~ Pase(s) ZT- ~ Reason for Request: Cdrr~nt Zoning: _ ~U,~ Does ~hi~affec~ density? I Hereby ARthorize Agent Above to Represent for this Petition: /~. -lYes ~ No He S~a~ure Da~e Printed Ti=lc Please see "Policy and Procedure of Vacation and Annulment" for the list of supportive materials which must accompany this petition, and deliver or mail to: Transportation Services Division Collier County Government Complex Naples, Fla. 33962 Telephone: (9~1) *(1) If applicant is a land trust, so indicate and name beneficiaries. (2) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, so indicate and name proincipals. (~) If applicant is an o~-ner, indicate exactly as recorded, and list all other .... o~mers, if any. I J":~. (5) If applicant is a lessee, attach a copy of lease, and indicate actual RESOLUTION NO, 9'/- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA AUTHORIZING TIlE DEFERRAL OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, WATER IMPACT FEES, SEWER IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR SADDLEBROOK/PELICAN POINTE PHASE I, A 140 UNIT AFFORDABLE RENTAL tlOUSING PROJECT. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low. and very Iow income households in Collier County and the need for creative and innovaw, e programs lo assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan. including: objective I.a. policy 1.4. I. objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4. policy 1 policy 1.5.6; object 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2. policy 2.1.3. policy 2.1.5. and policy 2.1.6 of the Housing Element; and WHEREAS. CEl/Kensington, Ltd., a Florida Limited Partnership. will undertake the development of Saddlebrook/Pelican Pointe Phase I Apartments, a one hundred and forty (la0) unit affordable rental housing community on a site located in Collier County, Florida, of which CEl/Kcnsington, Ltd. is owner;, and WHEREAS, on November 28, 1997, an application was filed with the County AdministraTor for Ihe deferral of Collier County impact fees for the Saddlebrook/Pelican Pointe Phase I project consistent with the requirements of the County impact fee ordinances: and WHEREAS, in accordance with Section 3.4 of the Library System Impact Fee Ordinance. Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.(~4 of the Road Impact Fee Ordinance. Ordinance No. 92-22, a.~ amended; Collier County Ordinance No. 9o-86. as amended, the Collier County Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Sewer System Impact Fee Ordinance; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended, an applicant may obtain n deferral of one hundred percent (10(PA) of impac~ fees for a period of six (6) years by qualifying for said deferral; and WHEREAS, Saddlebrook/Pelican Point Phase I has qualified for an impact fee deferral based upon the following repr~entatiotts made by CEl/Kensington, Ltd. A. The Dwelling Unit shall be the permanent r~ideoce of the occupant/tenant. B. The household renting the Dwelling Unit must have a very Iow or Iow income level, at the commencement of thc leasehold and duration thereof, as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly rent must be within the affordable housing guidelines established in the Appendices to the rt~aective Impact Fee Ordinances. C. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date the certificate of occupancy wa, i~ued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLIN'FY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: I. The Board of County Commi~sionem hereby authorized the deferral by Collier County of the following impact feca in the amount~ listed below for th~ one hundred and forty (140) affordable housing units to be develops! by eEl/Kensington, Ltd. on the Saddlebmok Village PUD site R-90-6, as identified in Exhibit "A": A. Library System Impact Fees $ 180.52 S 25.272.80 B. Road Impact Fees 935.00 130,900.00 C. Parks & Recreation Impact Fees: Community Parka 399.00 55,860.00 Regional Parka 179.00 25,060.00 D. Emergency Services Impact Fees 2.00 280.00 E. School Impact Fees 827.00 115,780.00 F. Water lmpact Fees 900.00 126,000.00 G. Sewer Impact Fees 1340.00 187.600.00 TOTAL IMPACT FEES TO BE DEFERRED $4,762.52 $666,752.80 Deferral of said impact fees is subject to and contingent upon execution and recordation of an Agreement for Deferral of Collier County Impact Fees which shall be entered into belween the applicant and County. This Resolution adopted after motion, ~ and majority vote favoring same. DATED:~/~//)',~,~ ;.! '~' ' , e" ' Hcidi F. A~hton A.im~ Coun~ At~'n~ BOARD OF COUNTY COMMISSIONERS · . · A / EXHIBIT A SADDLEBROOK VILLAGE PUD (A.K.A. PELICA/q PO13'TE) LEGkL DESC*RIFrloN The West !/2 o(the ~ 114 of Section 34, Township 49 South, ILange 26 Eas~, Collier .Coqz~, Fiorida,'.lyln8 ~ oftmcmate 75; The South 50.00 lc, ct bt' R~io Po,ad Right-Of-Way, and ~e East 726 00 f~'t of the West 1/2 oflJ~ Southea~' 114 o{'sald Section 34. ; Page I of 3 TOTgL P.Et~ , EXHIBXT A TIIE PALMS LEGAL DESCRII~ON A parcel of land:lo~:at~ in ice'don 34, Township 49 S~ Commence at the Soft. comer ofthe Weal. I/2 ot'~c S ~ 1/4 of Soction 34 Tov.'mlfio 49 $otgh.' iLtng, o 26 F~st. ,un N$9°43'lg"~ aidistanc~ of ?26. 00 · ~ ~ '^,: ' ,' · ceofS000fcetWtltePoiniOfI3egi~nnmK, feet; theac.: run N.O0 27'59 "W a di~n . . di~cc of 68.~ .lc& io the point of curvature ot' a i~v.~" cave concave '. somhw~tc~r, d~eMe run 97.61 fo~ ~ons 0~ sm o~ said c~-vc hr~iag a r~tius of 200.00 fcct, a ~ t~3I~ of 27°57'44', a chord ~ 6f. 96.64 feet and a 'chord bearing of lqI:~5741'%' to the point of .l~ng. enc%.,, tt~cc nm .N2?~.56'33~W'a distshc~ of, 31.87 feet to & point of~ '.~f.s, curve concave iNort~~ tl~ ~e~ ~.i2 feel gong the ~re ofr~d' 'a~ haVlng a radius of 200.00 fc~t, · c ~ral an~c of 27'32'15", a chord dis~ancc 6f 95.20 fcct and a chord tx~ing of NI4"I 0~/~'."W to a point oft,,ng~ncy, then. o~ r~t'N00°z4'I$''W a dlstancc of 3 I6.i 8 ~'c~t; ~ fun N89°35'42'~ a distanc~ of 13:72 fcct; thcncc '51 4S foot; th~M run:.N:t4°iS'02''w ' d~anoe of :ll,61 foct~.~ce run~ 171.15 fcct', ~ run i,159'32'54"W · disttncc 14.~6i f.cct',' tn. cncc nm Ss~'43'~-7~. a ~'; ~ 305.9? fc~; tt~c~ run S00'?~'~ a ~ · P~rccl co~ainin~ f2.9.1 ncre~ more or Ices, subject to casa~cnls; rcsUiCfioas ~nd . n:~,ervatiot~s of t~ird: ............... ; 'L'.y °"... · .~...: ...- ..... .... '/ .... ' ' .... ' ' ' '4u~d D~_..,.i~n, In¢ · MeAnly E~~ .. =-~ .. ' 5 I0! F_.asi.'Ti~ Tm'l, Su,te 202 Nn.ples. Florida' 34113 Page 2 of 3 EXHIBIT A Tt-IE PALMS LEGAL DESCRIPTIO~ 16A) ? Pase 3 of 3 AGREEMENT FOR 100% DEI;'KRRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the Deferral of Impact Fees entered into this/g~,~ of ~ I997, by and between the Board of County Commissioner~ of Collier County, Florida, hereinafter referred to as "COUNTY" and CEI/Kensington, Ltd., hereinafter referred to as "OWNER". WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 90-86, as amended, the Collier County Water System Impact Fee Ordinance; Collier county Ordinance No. 90-87, as amended, the Collier county Sewer System Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance". provide for deferrals of impact fees for new owner-occupied dwelling units qualifying as atTordable housing; and WIIEREAS, Colonial Equities, Inc. is the duly authorized general partner of CEI/Kensington, Ltd. with Richard Shaw as President; and WlIEREAS, CEl/Kensington, Ltd. has applied for a deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirem~-nts for an affordable housing deferral; of impact fees as established in the Impact Fee Ordinance; and 16A WltEREAS, thc impact fee deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of ali criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, the COUNTY approved a deferral of impact fees in the amount of Six Hundred and Sixty Six Thousand Seven Hundred Fifty Two Dollars and 80/I00 ($666,752.80) for six years from date of deferred impact fees for Saddlebrook/Peliean Pointe Phase I embodied in Resolution No.5;Y_Je4eat its regular meeting or--and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. shall bc incorporated by reference hercin. 2. LEGAL DESCRIPTION. The The foregoing recitals arc true and correct and legal description of the dwelling units (the "Dwelling Unit") is attached hereto as Exhibit 'A' and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain affordable and shall be offered for rent in accordance with the standards set forth in the appendix to the Impact Fee Ordinance for a minimum of fifteen (1:5) years commencing from the date a certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be the permanent residence of the occupant/tenant. b. The household renting the Dwelling Unit must have a very Iow or low income level, at the commencement of the leasehold and duration thereof, as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly rent must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. 2 c. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date the certificate of occupancy was issued. 5. SUBSEQUENT RENTAL OR TRANSFER. If OWNER rents the Dwelling Unit subject to the impact fee deferral to a subsequent renter, the Dwelling Unit shall be rented only to households meeting the criteria set forth in the Impact Fee Ordinance. The impact fees deferred shall be immediately repaid to the COUNTY upon the discontinuance of use of the Dwelling Unit as affordable housing, or six years from the date such impact fees are deferred, whichever oecur~ firxt. OWNER agree~ that even though the impact fees have been repaid to the COUNTY, the OWNER will utilize the Dwelling Unit for affordable housing for at least fifteen (15) years from the date the certificate of occupancy was issued for the Dwelling Unit. 6. LIEN. The deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 7. ANNUAL REPORT. Annually, the OWNER of the Dwelling Unit shall provide to the County Manager an affidavit of compliance with the affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance. Said affidavit must be filed within thirty (30) days of the anniversary date of the issuance oftbe certificate of occupancy. If the income of any unit renter which originally qualified as very Iow or low income level as defined in the respective Appendix to the Impact Fee Ordinance increases by more than forty percent (40%) above the low income level described in the appendix, then the per unit deferred impact fee on the non-compliance unit shall become immediately due and payable by OWNER or, in the alternative, the OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in the respective Appendices. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon thc parties to this ^greement, their heics, successors and assigns. In the case of sale or transfer by girl of the Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full. I0. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution of this ^greement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this ^greernent (1) where OWNER fails to rent the property in accordance with the affordable housing standmxis and qualification criteria established in thc Impact Fee Ordinance and thereafter fails to pay thc impact fees due within thirty (30) days of notice of ~aid non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of violation. However, with re~3ect to the Annual Report, OWNER shall not be in default of this Agreement until a fifteen (15) day grace period from the due date of the report has lapsed in the event the OWNER is in default. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fif[een (15) year period or should OWNER violate any provisions of this Agreement. the impact fees deferred shall be paid in full by OWNER within thirty (30) days of ~aid non-complianee. OWNER agre~ that the impact fees deferred shall constitute a lien on the property commencing on the effective date of this agreement and continuing until paid. Such lien ~all be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other penmn except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should thc OWNER be in default of this Agreement and the default is not cawed within thirty (30) days after written notice to the OWNER, the Board may bring a civil action to enforce the Agreement. In addition, the lien may. be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or 4 3 remedy available to the COUNTY. Th~ Board shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITrf~s WHEREOF, the parties have executed this Agreement for deferral of Impact Fees on the date and year first above written. (2) Wimesses: OWNER: Print Name CE~SINGTON, LTD. By: COLONIAL EQUITIES, INC. ITS GENERAL PARTNER BOARD OF COUN'rY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY:~ Approved as to form and legal sufficiency Assistant County Attorney STATE OF ~ TF. XA$ COUNTY OF ]~Ai,LAS The foregoing instrument was acknowledged before me this ~ day of ~ 199'1 by Richard Shaw, President Colonial Equities, General Partner of eEl/Kensington, Lid. on ~ pf the ~,nership. He is personally known to me or has produced of identification) as identification. Name of Acknowledger Typed, Printed or Stamped 6 EIHIBIT A SADDLEBROOK VILLAGE PUD (A. ICA. PELICAN POINTE) LEGAL DESCRIPTION Thc Wesl I/2 of II)e ~ i/4 of Section 34, Towstship 49 South, R~nge 26 F.,~. Collier ~, Florida;lying south of Imer~te 75; Less ~sd e~ce~ ,~the fol]owh~ Thc South $0.00 fo~t for R~io Rowel Rishl-Of-W~ry, ~d the Easl 726 O0 feel of thc Wesl 1/2 oftbe Soulhe~~ 1/4 ofsald $ecllon 34. Parcel con(ai~i~ 3~3.7~t acres, c~ Pase I of 3 EIHIBI? A TIlE PAl. MS LEGAL DESCRIVI'ION ~~ ~ ~e S~l~t ~m~ ofO,e W~ i~ ofthe ~ 1/4 of~on 34, To~ 49 South' ~c 26 ~ ,~: N89'43'I~ a:~ of 726 f~; fl~ mn N~.59~ a di~ of ~0 ~ fc~ w ~c P~ ~~ ~ m Ng~4]'lg'~ a ~s~ of 479 52 ~; ~ ~ N~01'I 1'~ · ~ of 68.~.f~ ~ thc ~m of mm~ of a ~ ~c I . ~mh~ty; ~ m 97.61 f~ ~}g d~c ~ ~d ~c bamg a ~ius of 2~.~ f~ a ~d ~e of 27°57'44", a ~ord di~ ~f. 96.64 f~ ~ a N 2~.56 B 3 ~V a ~mm o~ 3 ! .87 f~ lo a ~int of ~~ :of a ~ ~vc . Nonl~t~y; 0~ ~ ~. 12 fc~ ~ont~ ti~ ~c of ~ ~ ~ a ~ua of ~.~ f~, a c ad~ ~c of 27~2'1S", a chord d~ of 95~0 · m~ of 316.: 8 f~ ~ ~ N89°~5'42~ a ~ of 13.72 f~ m N00~'~' ~ a d~ of 79.13 f~, ~cc m N~'lS~lg~,a ~ of 51.48 f~ ~ [~ ~" N~4~15'02'~' a dt~a~ of 21.6i f~.~ 171.15 f~; O~ m NS~2'~'%V a &~ 14.g6~ f~;"~ '210.12 f~; fl~ ~ ~44'08~ a di~ of ~[16 f~; $8~43'2~ a ~'*o~ 105.97 f~, flm~ m S~~ a ~ of . 07. 0 .~w'.,~vatiot~ of~e~ird P~.parcd By 3 Page 2 of 3 LEG AL DESCRIPTION i, · ,",~ OR: 2372 PG: 2297 Page 3 of 3 AmSouth Bank AMSOUTH BANK TAMPA, FLORIDA U.S.A. (PLEASE DIRECT ALL CORRESPONDENCE TO THE ADDRESS INDICATED IN TEXT BELOW) IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER B500935 16A S.W.I.FTr. AI~ISB US 44 TELEX: 6821116 Cable: AMSOMBL S.W.I.F3'. AMRB US 44 DATE: NOVEMBER 06, 1997 $SSUER: AMSOUTH BANK, 100 NORTH TAMPA STREET, TAMPA, FL 33602 PLACE OF EXPIRY: AT ISSUER'S COUNTERS. DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL NOVEMBER 03. 1998 AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. APPLICANT: A.R.B.C. CORPORATION (HEREIN AFTER "APPLICANT) 28999 BONITA GRANDE DRIVE NAPLES, FL 34119 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY") C/O OFFICE OF THE COUNTY ATTORNEY, COLLIER COUNTY COURTHOUSE COMPLEX, NAPLES, FLORIDA. AMOUNT: U.S. DOLLARS 12,355.00 (U.S.} UP AN AGGREGATE THEREOF. CREDIT AVAILABLE WITH: ISSUER BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUED AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER CERTIFYING THAT: "A.R.B.C. CORPORATION HA~ FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS SANGRASS AT PBLICA~ S~ A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER AMSOUTH BANK, TAMPA, FLORIDA CREDIT NO. B500935 DATED NOVEMBER 06, 1997 ." THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEHENT. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH' UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUHENT, INSTRUMENT, OR AGREEMENT REFERENCND TO HEREINOR IN WHICH THIS SUCH ENDORSEMENT HAS BEEN MADE. THIS CREDIT MUST. BE ATTACHED TO AN~ DRAFT WHICH IS PRESENTED DIRECT Tp US.. "' %'- ***CONTINUED ON NEXT PAOE*~~' Bank -: A~sOuTH BANX TAMPA, FLORIDA U.S.A. Intemelk.lelSendc~ (.PLEASE DIRECT ALL CORR~PO~ENCE TO THE ~DREBS I~ICAT~ IN T~XT BEL~) ':' I-ssuER HERESY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND XH COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTSRNATIONAL CHAMBER OF COHMERCE PUBLICATION NUMBER 500. BY~~pRES~ .... SENIOR VICE Nov~nb~' 25, 1997 The Board of County Commissioners Collier County Florida C/O Offi~ of the County Attorney Collier County Courthouse Complex Naples, Florida Re: Irrevocable Standby Letter of Credit Number B500935 Gentlemen: In regards to the above referenced letta' ofcrodit the subdivision was incorrectly referred to as "Sawgras$ at Pelican Strand*' which appears in the text ofthe L/C. The Letter of Credit as to the subdivision name is amc~$ed to read "Pelican Strand Replat - 2". In all other regards thc Letter of Credit No. B500935 in the amount ofU. S. Dollar~ S12,355.00 remains as stated. ' Vic~ ?r~id.nt COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this/~O~ day of ~.~.~ 1997 between A.R.B.C. CORPORATION, a Flodda corporation, hereinat~ r,~'~'ed ~o as 'Dev-'loper", and the Board of County Commissioners of Collier County, Horida, her~i~ referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreeme~ applied for the approval by the Board of a certain plat of a subdivision to be known as: PELICAN STRAND REPLAT #2. B. Division 3.2 of the Collier County Land Development Code ,'equires the Developer to post sppropria~e guarantees for the con.slmction of the improvements required by said subdivision regulations, said guarantees to he incorporated in a bonded agreement for the constn~ion of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinaRer set forth, Developer and the Board do hereby covenant and agr~ as follows: I. Developer will cause to be co,',su'ucted: An access roadway, sewer extension, storm drainage and street lights within twelve (12) months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the r~quired improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a pa~ hereof) in the amount of Thirmen Thousand Thirty-four Dollars Eighty Cents ($13,034.80) which amount repn.'sents ten percent (10%) of'the total contract cost to complete constructi~ plus one hundred percem (100%) of the estimate cost to complete the rtquired improvements at the date of this Agrt~nent. 3. In the event of default by the Developer or failure of the Dr, eloper to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the sulxlivision performance security to insure satisfactory c~, ~pletion of the required improvements. 4. The required improvements shall not be considered complete until a statement of subsUmtial completion by Developer's engineer along with the final project records have been furnished to be rrviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either:, a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approv~ the improvements, ~th specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. How~-wer, in no ev~rt shall the Development S¢'vviees Director refuse preliminary approval ofthe improvements ifthey are in fact constructed and submitted for approval in accordance with the r,zquirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period ofone (1) year after preliminary approval by the Development Services Directo' After the one (I) year maintenance period by the Developer has te~ninal~ the Developer shall I~ition thc Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final ~:nxnnfl by the Board, the Board ~mll rele~s~ the ten percent (10%) sulxlivislon performance security. The Developer's responsibility for 16A maintenance of thc requir,M improvements shall eontint~ unless or until the Board accepts maintenance responsibility for the County. 7. Six (6) months afar the execution of this Agreement and once within every six (6) months Iherea~er the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. g. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfaetoqt completion, r,~air and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptanc~ of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, inelnding, but not limited, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All ofthe terms, covenants and conditions he, in contained a~ and shall be hireling upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Devclolx-r haveussd this Agn:emem ~o be executed by their duly authorized r~q~-sentafives this/~.~ da~ of · Signed, sealed and delivered DEVELOPER: in our presence: X ,/z_, A.R.B.C. CORPORATION. a Florida ~wi~ess~-! (pd&~ame bel°w)- ~- . wium. r ;nt ;=me below.) ATTEST: DWIGHT E. BROCK, CLERK Approved ~s to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA David C. Wei~el County Attorney k. L. (Ord. No. 92-73, 1, 2; Ord. No. 94-58, § 3, 10.21-94; Ord. No. 96-21, § 3) Know all men by ~ese ~ that the undefli~ Pelican Strand, Ltd., a Florida limited paztrm'~p, and Pelican Strand Dt'v~Nnlma Corpomio~ a Florida corporation as its sole general corpor~on entering into gx~ certain sgreeme~ necessary ~o facilitate the Pelican Strand ReplaI #2 and to the dedications ami the recording of the mplat of P¢llcan Strand Replat #2. ln wimess we execute this consent and joinder on ~'Cem~l',, ~ .1997. Signed, sealed and delivertxi PELICAN STRAND, LTD., a Florida limited pazmership (Corporate ,%al) (print name below) By: PELICAN STRAND DEVELOPMENT CORPORATION, a Florida corporation as By: its ~o~~ as Vice-President STATE OF FLORIDA COUNTY OF COLLI ER by Riln~ Paul Hardy, ss Vk:~PrgskJt~ of P~lican Strand Developam~ Corporat~ a Florida (Tiflo o~ R~nk) (Serial Number, ifa.ny) 16A + CONSENT into tho~e certain agreeme~ ~ to facilitate the Pelican Strand Replat//2 and to the dedications and the recording of the replaa of Pelican Strand Replat #2. In witness we execute this consont andjoinder o~ 1997. Signed, galed and delivered/// SAWGRASS AT THE STRAND, a Florida Wime~ #1 (~rint nam~ below)_ / ...--B!~.~ / STATE OF FLORIDA COUNTY OF COLLIER in~mm~ wa~ ~ed~ before me ~i~ ~ The foregoing day of 1997 by John Olobetti of Sawgra~ aa th~ Strand, Inc., a Florida corporal, o~behalf of th~ corporation. He is pertomflly ~ to me or ha~ produced ~ (type of identification) a~ idemificafion and did (did not) take an onth. NOTE:/ffa typ~f identification is to me. If the words in the ~n executing this insmunent did take an oath.  ~-~ ~ of ^=k..~d~=) (Title of Rank) / (Serial Number, ifany) WORK ORDER # ABB-FT-98-3 16B1 Agreement for gized Term Professional Engineering Services Dated September 26. 199S (Contrtet #9S-2422) This Work Order is for professional engineerin$ services for work known as (Title) Imnerisl West/Landmark Estates Drainate Project. /gcason for Proicct) a dilch eflclosurg nrolecl, The work is specified in the proposal dated November 20. 199~ which is attached hereto and made a piti of this Work Order. la accordance with the Terms and Condilions of the A~reemeflt referenced above, Work Order SADB-FT-gJ-3 ._is assigned to Afnoli. Barber & Brundofe. Inc. ~ (Firm Name) Construction inspection services. Schedule of Work: Complete work within 150 days from receipt of the Notice to Proceed authorizing SKirt of work. Comoensation: in accordance with Article ZXZ of the Agreement, the County will compensate the Firm in accordance with time and material expended, using the established hourly rates effective September l, 199'/ as enumerated in Schedule 'A' of the Agreement. TOTAL, ESTIMATE FEE S31,498.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered In IddJtJoflal service and charged according to Schedule "A' of the Agreement. (./ Name and Title Date · .. /-2 ,. -: ¢ ~r~.' . ~mwater Mannffment Dfpa~mcnl Director Date A~EST' ,k~ .[~ *~ BOARD OF COUNTY COMMISSIONERS -~JSh{ ~. Broc~, Ol~t Collier County, Florida ~ ' ':'; . .' .." ,'. , ~: ~'~~~' · _ _. _ - . ~ ~Deputy C~erk' * Ttmoth~L. Ilancock, Chairman "I;'" ' Approved a~ to Form and Le~fficiency: Assistant County Attorney Date: ATTEST: (Corporate Secretar) ) By: Type Name and Title (or) witness//~ (2) Signature ./ Prin~ Contractor Signature Sdnilur* Print Name TcmplalelLGK/WO FL~te4 Term Pro £nI Setr,~ 2 · ' '.. ' ' ~ · UTILITY INST~~ON BY llIGHWAY CONTRACTOR THIS AGREEMENT. made and entgr~d into dds f..%~ day of:7'~,~,~"'?. 19~9. by and between the STATE OF FLORID .A. DEP~ OF TRANSPORTATIOn. bueimt~ r~ferred ~o ~s ~he FI)OT. '~d c-nk~ t'~ V ~w~ oftmsincss in Naples , County of Collier , State of ....Florida. WITNESSE'fl4: WHEREAS. ~he FIXYT ts consuucdn~, recomn'acfl~ or otherwi~ cbangin~ a pordon of the Sine Highway Syst~n ded~a~d by ~ FDOT ~s S~e Proje~ No. ovr~a9 .... Road No..tEL. between ~ar~ nrH? a~ snm~ ~t Neu~ Y~4~ .e,m~ , which dull call fo~ I~e adjumnent, relocadon and/o~ tmtallation of the Udlit~'s fac~ides al~, ~ been rrvtcw~ by d~ FDOT and d~ UTILITY. said above described UTILITY relocation, hereim~r ref~ ~ ~ "U~ Work'; and WHEREAS. ~e FDOT and the UTILITY have determined that it would be to the best interest of the general public and to the economic advantage of both parties to enter into a $OIN'T PROJECT AGREEMENT. hereinafter referred to as 'JPA,' prov~in~ for such work; NOW. THEREFORE. in consideration 6f the mutual covenants bereimfter contained, it is agreed by ~e pardes as follows: 1., The FIXIT and O~ UTILITY shall participate in a IPA. the scope of which will cover only the WrlLI'rY facility within the limits of the project u included in the plans and estimate of the FDOT contract, more specifically described as _ S.R. 951 12" Vazer Rain InFrovenents · (six hundred and t~o thousand, five hundred and slxZy dollars and no cenzs.) 2. The UTILITY will Frepare, at ks expense, fl~ design and ~ for all of ibc mcesury. Util~ Work specif'~f above, and will fufl~ish to [he FIX~ no ~ ItLIA~~B~_ ; 19...qfl... complete ~ftrul plus, ~ as FDOT's contl"~t pram, ali ~ble for reproduction by d~ FDOT, tofether with a complete set of specff'm covering all (~lurfties* sheet. It will be d~ respoflsibfl~ of ~be UTILITY to coordird~ tt~ deyelopment of the Utili~ Work phns with UTR.f~ for the dev¢lolxn~ of t~e U~ Work i~tans; and ~ I=DOT ~ coolx'rm futly with ~ UTR.fI'Y to ~ end. ibc FDOT'S tmdcrfromxl surycy information, and ~ also be respomible for any cb,~nfes to the UTII.~'S plans nude necess.'try by errors or omissiom in fl~e FIX)T'S sm'vey Information as fmnisbed to the UTR.ITY. Ail errors, ornissiom or changes in the design of the Utility Work will be the sole respons~iliry of the UTILITY. All UuTfly Work coverinf f~ilifies to be relocated to a position within the FDOT rifht of way will be accommodar.--d in accord,race with the FDOT 'Ucilin/^cc~ ~lanual.' 5. TI~ FDOT will provide d~ necesr.L-y enrinffflnf supervision to assure constru~en ts h c~p~e ~ ~ p~ ~ ~~ ~r~ r~ ~, aM ~H r~ aH b~ f~ aM ~ ~ c~ for sa~ U~ W~k aH at ~ ~ e~ of ~ ~L~. AH b~ f~ u~ Ut~ W~k ~ll ~ ~n ~o c~rat~n ~ ~e award ~f b~ on ~ ~ ~ F~T'S e~ c~ ~ ~e ~ ~n ~rce~ (10~?, ~ ~ ~y e~t to ~ic~te ~ ~ c~ ~o~ ~ ~ ~ W~ ~ ~~ ~ ~ 1~ ~ ~ d~e ~ ~ ~S off. hi e~te pl~ ~n ~c~ (I0~) ~ ~~a~ f~ ~ Ut~ W~. ~ ~ ~~ ~e~to~~ ~~~~ a~a~ ~ b~ b re~ ~ ~ ~~. ~ ~ ~ ~ ~, ~ ~ ~ e~, f~ ~~ ~ ~ r~ ~ ~ ~. ~ ~ ~H ~ ~ ~f~y c~ ~ ~ ~ a~d. ~ ~~ shll ~ ~ ~ ~'~ c~ ~ ~ ~ ~e of ~ ~'S ~k M ~ ~ ~ de~ ~ ~k of ~ 7. All servkcs and work trader Ibc constnsctk~ contract ~ be performed to the ufisfactJon of tJ~e DISTRICT DIXECTOR OF OPERATIONS or desJfnee, and he shall deckle all questJorts, dilT~cuMes and dtslx2tes of w~ rdtm'e, wMch may arts~ trader or by re25on of such contract for Utility Work; the prosecution and fulfil~ent of the services thereund,, and t~e ch~rac~r, quliry, anMur~ and value thereof; and l~s decision upon iii ctatms. ~ znd disput~ '-=-'~'sh2ll b~'fu~al and cofldtuhte ulxm the pardes hereto; .............. ~-;.--- ....................................... ... .......... S. The tfHLITY agrees fhat kw~ at least f~, ~ ~ ~ an ~e ~. ~1~ ~a~r ~ ~ ~e pa~. ~ ~L~ w~ The paymem of funds ~ req~b'ed above will be made as foik~s (choose one): Directly to d',e FDOT for de'd~k into t~e Stare Transixx~don Trust Fund. X DtTOS~ as provided in d~e arm:bed Men~r'andum of A~reement (Exh~it A) between UTILITY. FDOT, and the Florida Delx,~ of' Insurance, Division of TreasA~. 9. Upon completion and acceptance of the work. OJe UTILrTY shall own, control, maintain and be respom~le for AI~ ~ Jr.~ f..~il~, occofd~ [0 t~ lCrlTIS Of* f~ t~JlJ~ pL~. T~ UTI~-ITY fur~ Ijrees to cofflp~y w~ ~ i~toytsjofls of the FDOT 'Utility Accommed~rio. Manual.' 10. The UTILITY cowmm and a~rces that k sha~. m ~ ex~nt permft~-d by law. indemnify, defend, s~e and bold hal'mk~ d~e FDOT fr~n any' and all lepl actions, clahm or demands by any person or lefal entity agahst the FDOT artsJnf 16B 4' specWed in tie preceding sentence until abe invoice is paid. 12. The ~ shallpay ~e FDOT'S reasonable attorneys' fees and ce~t co~ if the FDOTpreva~ in IMgafion for t~ enforcemem of the provisions of para~ap~ 1. ~ or 12 of ~ AgTeemett be effective unless contained in a written document ezecuted with the same formality and of equal dignity herewith. 14. This Agreement ~ be governed, interpreted and construed according to the laws of the State of Florida. I$. If any pan of this Agreement ~n be determined to be in,'alid or unen~on:eabte ~ ·coun of competent Jurisacfi~ a- by any eom' k'gatly consttnaed body having the Jm'bd~ion to make such determination, the remainder of this AlTeement shall remain in full force and effect provided that g~e pan of the Agreement thus invalidated or declared enen~orceable is ne( material to the intended ope~ of t~ Agreement. .,.**:BOARD OF COUNT/' COI¢lqZS$IONBRS OF 16B i ...... (SEAL) .............. STATE OF FLORIDA DEPARTMENT OF TRANS TATION ) (SEAL) P~3E I OF 2 _~1"~IS ;~Z:~, ~ade and entered into thie ][~ , day of - , 19~_, by and between the State of Florida, I)epar~ent of Transportation, hereinafter referred to as 'DOT" and the State of Florida, Department of Insuranc6, Division of -Treasury,..hereinafter referred -to .as 'Treasur~' and ~ater-Sever]~J.~trlct, hereinafter referred to as the 'Participant'. WHEREAS, 'DOT. is currently constructing the project: following State Project F.A.P. No. W.P.I. No, : 1114091 County :_Collier hereinafter referred to as the 'Project'. WHEREAS, DOT and the Participant entered into a Joint Participation A~reement dated .7'~,~., , 19~ ~ wherein DOT agreed to perform certain work ~the Participant in conjunction with the Project. h~EREAS, the parties to chis AGR~mutually agreed that it would be in the best interest of the DOT and the Participant if an escrow account were established to provide funds for the additional work performed on the Project on behalf of the Participant by DOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein the parties agree to the following: 1. An initial deposit in the amount of $602.560.00 fsi. h,m~r~ and ~otho~.nd, five hu~drednnd sixty dollars and no cents, ) will be made by the Participant into an escrow account. Said escrow account will be opened by DOT on behalf of the Participant in the name of the Florida .De_partm~nt of TranR_Dortation with the Department of Insurance, Division of Treasury, Bureau of Collateral Securities upon receipt of this Memorandum of Agreement. Such account will be opened and shall be deemed an asset of DOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of the S~ ~ ' work prior to the execution of any Supplemental Agreements. °PA~E 2 OF 2 3. All deposits shall be made payable to the Department of Insurance. Revenue ProcesS{n~ and mailed to the DOT Office of the following address: Comptroller for appropriate p~ocessing at Florida Department of Transportation Office of Comptroller (M.S. 42) 605 Suwannee Street Tallahassee, Florida 32399-0450 ATTN: JPA Coordinator 4. The DOT*s Comptroller and/or his designees shall be the sole signatories on the escrow account with Department of Insurance and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the JPA. 6. The Treasurer agrees to provide written confirmation of receipt of funds to the DOT. 7. The Treasurer's Office further agrees to provide periodic STATE OF FLORIDA ~-~Ta~wr OF T~V~SPO.T~TIO. DZ~T.~r O~ X~SUR~C~ Com~.~ ~ o~ COM~T~OLL£a DIVlSXO~ OF TRFASt~¥ ,,~l-Officio The C~m~ in9 Board c~,~he~ ..'i :' ....... ?ibothy/~:~ R//ncOck,.. Chattrman : ~ ~,~ ~, ~ ?;~ 1 6B8 Date: To: Fro~: Re: December 18, 1997 Karl Boyer, Senior Project Manager Office of Capital Projects Management Ellie Hoffman, Deputy Clerk Minutes & Records Department North County Wastet~ater Treatment Plant 5MGD Expansion Amendment No. 2 to PTofessional Services Agreement with Hazen and Sawyer, P.C. Enclosed please find six original documents as referenced above, Agenda Item ~16B8, approved by the Board of County Commissione=s on December 16o 1997. X have retained one original for our file and one original has been forwarded the Finance Department. If you should have any questions, please contact me at: Thank you. Enclosures 16B8 NORTH COUNTY REGIONAL WA~TEWATER TREATMENT PLANT $ MOD EXPANSION AMENDMENT NO. 2 TO PROFESEIONAJ. SERVICE6 AGREEMENT This Amendment No. 2 to the Agreement dated May 14, 1996 (hereinafter 'AGREEMENT') is made and enlemd into this//...~, day of .~-xc.z.../..,~c/, 19 97, by and between the Boerd of County Commissioners for Collier County, Florida, a political ~ of the State of Florida and ~ Board of the Collier County Water-Sewer District (hereinafter referred to as the 'OWNER') and Hazen and Sawyer, P.C., a New York corporation, authorized to do business in the State of Florida, whose business address is 2101 Corporate Blvd., Boca Rat(m, Florida 33431 (hereinafter referred to as the 'CONSULTANT'). WlTNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT $ MGD EXPANSION (hereinafter tefra'red to ~s 'PROJECT'), said sendcas more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some mocr~K:ations to the services being contemplated under said AGREEMENT ere necessary;, and WHEREAS, CONSULTANT represents Ihet he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, tn consideration of the muttml covenants and provisions contained herein, parties agree as follows: 42 43C021BCA 1688 ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this ~ applies. 1.2 CONSULTANT shall provide professional services in addition to those outlined in said AGREEMENT as noted in Schedule A of this Amefldme~ as atta~ hereto. ARTICLE TVVO 2.1 OWNER egm~ to cempen~te CONSULTANT for sewices rendered hereunder as pmsotbed in SchecXJle B, ettitted'Sc:hecX~ of Fees For Basic Services (B attachment A) and Consulta~s Estimate of Additional Services (B attachment C)', as outlined in said AGREEIVlENT with lhe modificat~r~ to ~ A and C to said AGREEMENT which ARTICLE THREE 3.1 The schedule for said Proje~ shsII be as shown in the revised Schedule C as attached hereto. 4243C02f.~.4 16138 ' ' ARTICLE FOUR 4.1 The AGREEMENT, as amended, d~all remain in full force and effecL IN VVITNESS WHE~OF, Itm parties hereto have executed this AmendmerR to Pro(essiorml Sm'vk:es Agreement for Ihe NORTH COUNTY REGIONAL WASTE'WATER TREATMENT PLANT E MGD EXPANSION ~'m day m'~ year first written above. ccx. u~ ~. no~,~ stecxw~ OF THE Hazen and 8,~/er, P.C./'-1 4243C021,~..A 3 October 13, 1997 ~ October RECEIVED . 6B8 NOV 0 5 1997' Mr. Pm 8chair COLLIER COUNTY PUBLIC WORKS OFFICE OF CAPITAl. PROdECT8 MANAGEMENT 3301 Tlmilml Tra~ South, ~ D Naples, Florida 33~39 NCRV~/VTF ~-MGD Expansion Amendment No. 2 Pumo Station Modifications In ~xxdince w~ ou~ discussto~ during last Thursday's meeting, we am pleased lo submit f~e revised supporUng docum~ fo~ Contract Amendmerfl No. 2 lo our Professio~l Services Agreement dated May 14, 199~. ~ Amendment No. 2 prov~es fro' design, bidding and constructio~ management se~ac~ for moditScaUo~ to the existing NCRWWTF Reuse Pump Station as described in detail in the It~lched Schedule A (Scol:m of Services). The attached documentation SUl~rSedes that odglrmlly aubmltted for Contract Amendment No. 2 on October 13, 1997. Schedule A (Scope of 6en~ces). Al mm tgmed. ~<:hedule A is presented as an update to HUA's odgimml letter lxoposal Io Ur. ~ Boyer. Schedule B - ,adllchmlfltl A (~<:t~ldull ~ Feel for BlOc ~c. es) end C (~~s Estima~ ~ ~ ~. ~ ~ ~). A~~ A ~ C have ~en f~~ ~ ~e ~ ~ ~ ~ ~ ~ ~~ ~. I m~ ~ ~ ~. 2. m~. ~ch~ A ~s ~n ~d to mfle~ ld~l ~ ~ ~ ~ for d~~n ~ ~ Iss~ ~ ~ Pump ~n M~ ~r ~ ~1~1 ~GD ~nslon ~o~ end ~ ~lgn ~. Z6B8 Mr. Pete SchM Rinsed C)dober 3O, · Schedule C - Project ~;~:hedule. As ~ Reuse Pump Station Mod'fl'cations will be b~ as a · separate cof~~ project from ~he 5.MGD Expansion, the attached Project Schedule As IIw-ays. if you trove any questions cx comments, please do not hesit~e to c~11 me. HAZEN AND SAWYER, P.C. K~I A. I~effer. P.E. Project Manager Rof~ Oermon File 4243 - 1.2 ]. Jun~ 25, 1997 (Rcvi~ Octolx'r 23. 1097) Mr. Kart W. B4~er. P.E. Senior Project Manager Collier County Offge of Capitsl Mamgement 3301 T~miami Trail E, Bldg D Naples FI.. 34113 Expansion and Upgrade of Reclaimed Water Pumping Station North County Regional Waste'wster Trtatment Facility HMA File No. 97.42 Per your request of June 6, 1997, I sa pleased to submit this proposal to provide engineering services for expansion and upgrade of the Reclaimcd Water Pumping Station at the North County Regional Waslewaler Trgatment Facility. This project will allow the existing pumping station to be able to meet the peak Irrigation demand of 6.500 gpm associated with disposal of effluent for the current rated capacity of 8.5 MGD annual average daily flow and provide a fifth pump to increase the capacity to 15,.350 gpm to handle the demands ant~ with thc ~ 5 MOD expanstom This project, in conjunction with the control valve project, ~11 IXOVtde adequate discharge pressure to assure a minimum SyS~TI iX'etSU~ Of 45 psi at the remote points in the m:laimed water allow disposal of up to 6.0 MGD of'excess emuent via the secoM deep injection wcI! at the North Water Tgatment Plant at the minimum pressure of 40 psi which is required for operat~ of the deep well. The necessary improvements to accomplish these improvements are smnma:ized in the HMA rtpc~ dated Sanua:y 24, 1997 which was based on the HMA prellmlmry hydraulic analysts v.-pm't dated January 24, 1997 (Final The scope ofwork to be Ix. rformed foe this projet~ is outlined below:. 1. Prelxu~ Prtliminary and Final Plans and Speci£wJfloas to include the following: a) Modification of thc four existing pumps from three-stage to five-stage units, including rg)lacemcm of impellers and modification of pump columns to allow Mr. Karl Boyet Senior Project M~ger Collier Count7' Office of Capital Managemem lIMA File No. 97.42 June 2:5. 1997(Revised October 23, 1997) Page 2 ! 6B8'" o b) c) d) e) g) R~lacement of the four existing 100 horsepower motors with four new 200 horsepower motors. Replacemcnt of the t~'o existing 100 horsepower vnriable frequency drive units with two new 200 horselxm~ units. Installation of fifth pump with 200 horsepower motor and VFD, including piping modifications and strainer. Upgrades to the electrical system (wiring. breakers, etc.) necessary to provide adequate power to the five 200 horsepower pumping units. Addition of a new 1250 KW emerg~ standby power system to allow opcration of lout of the five pumping units at 100 percent speed. Modification and/m Ul:~ of the I-FVAC system to handle the heat release from five 200 horsepower pumping units. Meetings with Collier County OCPM and Wastewater Division represcntatiYes to review Preliminary Plans and Specifications, Assistance with Bidding. Respond to contractor's questions, prcpa~ and distribute any and all addenda, attend Preconstruction Conference. and evaluate bids to recommend lowest responsive bidder Contract Administration. Review of contractor's submiuals, pay requests and progress schedules, review any proposed changes to the contract and negotiate with contractor any changes to the comracl, issue, interpretations and clarifications to the plans and specifications, advise Collier County OCPM as to the acceptability of work as it Ix'ogresses. and prepare and submit record documentation at the close of the proj . Detailed Observation olr Construction. Provide periodic observations of Contractor progress during consumtion, These inspections will be conducted at milestone events as determined lmm the c6nttaclors progress schedule and will be conducted by the various engineers associated with that particular milestone. (Electrical, Mechanical. Environmental. etc.) Substantial Completion and Final Completion Inspections, including development of "punch list", Startup Assistance. Monitor and review the startup of new and modified components of the station, Recommend approval/disapproval of all performance testing conducted and review contractor's schedule and agenda for training of the various W.~199'~.,4lr? I OI O~K OOC Mr. ICad Scnio~ Project Manae:t Coll|~t ~ oir)ce HMA Fil~ No. 9/42 Sun~ 2S, ! 99'/(~sea ~ 23. 19~7) Page 3 16B8" ' We propose to ptoxi~ Ibc nbovc scrvico for Ibc following fees: Final Design Meetings Bidding As.dstance Contract Administra6on Detailed Olrm'vation Completion Inspections Stattup Assistance $ ! 2,250 lump sum $ 4,500 lump sum $ 3,500 time and materials $ 5,600 lump sum $ ! 5,000 lump sum S 15,700 time and materials S 3,100 time and materials S 6,100 time and materials Thank you for ~e opportunity m cominue m serve Collier ¢otmty's engineering service reeds, l look forwa-d to hearing from you soon. Should you have questions, please do not hesitate to con,act me. Vcry truly yours, HOLE. MONTES AND ASSOCIATES, INC. Ronald E. Bcnson. Jr.. Ph.D.. P.E. Vice President, Director of Emd~ul Ensinecring REB/nsl Kufl Pfeifer. P.E. Pon Dillard, P.E. Pete Schalt W3141,FTW'M42W~IOIOOOY1~.I:ICIC 1698"" ~. 6B8~ Am~'~mem 1 COMJER COUNTY NCRWWTF ~-MOD EXPANSION RECLAIMED WATER ~O ST,~TION UPGRADES SUMMARY OF DESIGN FEES $745.000 S'/~S,8~5 (Indudes S4,250 lo 0a~gn ~ Wa~r PS from ~% 1o 85%) (exclud~ $2,303 to de, on Reclaimed Water PS from 85% to 100%) $1,513,895 from 60% to S5% comptele) S1,S7~.S45 ,~ ,/ ,/,~f .t *11 .:, . ,;.;..;..1. i..-,-,L '- ~ .-, ....... ::., irl:,]'l -, .... ; * t · ' ; t L IF , I ~ ,~,~.'.,~'.~ i 81. _ ', I" '"':::"'. : t : I .. ..... ,..,[~,,..~. ~ . t I I ' ; f , I - . ,- 1 . .... :; ;., l' i '" :~de8 · D~te: To: December 18, 199'7 Marla Rams~, Director Parks and Recreation Department Ellie Hoffman, Deputy Clerk Minutes & Records Department Vanderbilt Beach Concession Agreement Enclosed please find two original documents as referenced above, A~enda Item tl6CI, approved by the Board of County Commissioners on December 16, 1997. I have retained one original fo= our file and one original has been forwarded to the Finance DeparUeent. If you should have any questions, please contact me at: (8406). Enclosures VANDERBILT BEACH CONCESSION AGREEMENT THIS AGREEMENT made effective this/&,z~..day of ~d.,, 1997, A.D. between Collier County, a por~tical subdivision of the State of Florida (hereinafter called the "County") and Day-Star Unlimited Inc., a Florida Corporation with offices at 590 92nd Avenue North, Naples, Florida 34108 (hereinafter called 'Concessionaire"). J~v..~E[. The County hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the County, the exclusive right to operate the following described concession at Vanderbilt Beach, Vanderb~ Drive, Naples Florida, in conformance with the purposes and for the periods stated herein and subject to all terms and conditions hereinafter set forth. TERM. This Agreement shall be for a term of three (3) years, commencing within ten (10) calendar days after receipt of the Coastal Construction Setback Une Permit and shall be renewable upon satisfactory performance by the Concessionaire, for two separate additional periods of one (1) year each, under the same terms and conditions, subject to the subsequent approval of the Board of County Commissioners. The County Administrator may extend this Agreement under all of the terms and conditions contained in this Agreement for up to one hundred twenty (120) additional days following expiration of the original three (3) year term or following each of the extended one (1) year terms. The County must give the concessionaire written notice of its intention to extend the Agreement no less than ninety (90) days prior to the end of the Agreement term then in effect. The Concessionaire shall not~ the County in writing within sixty (60) days prior to the end of the respec0ve Agreement term then in effect of Concessionaire's intention whether or not to accept the extension. ,F_~. The County shall provide to the Concessionaire the use of the following facilities and space: All that part of Section 32, Townshtp 48 South, Range 25 East, Collier County, Florida known as Vanderbilt Beach and as described in the Legal Desc~n attached hereto. Concessionaire may construct a mobile type building construction codes set forth by County Code Department. shall be located landward of the dune walkover. utilizing standard Any such structure lbCl e USES. The ~aire is authorized to conduct the following types of business and to provide the following services, ~nd only such business ~ approved In writing by 13he Dimc~r of the Parks and Recreation Department. NOTICES. All notices from Ihe County to the ~ionaire shall be deemed duly served if mailed by registered or certified ma~ to the Concessionaire at the following address: Day-Star Unlimited Inc. 590 92nd Avenue North Naples, Flodda 34108 Attention: Mr. Daniel Byem, President All notices from the Concesaiof~im to the County shall be deemed served if ma~ed by registered mail to the County at the following address: Director of Itm Pmtm taxi ~ Department 3300 Santa Bmblm Boulevard Naple~, Florida 34116 concession opemtlofl ~ with Ihs undedakir~s, provblorm, agreements, stipulitions end conditions of this Agreement. 2 16Cl ~. The ~ionaire may not assign this Agreement, or any part hereof, wflhout prior written approval of the Board of County Commissioners. Any attempt to assign without such approval ~J~all be votd. Concessionaire agrees that shareholder shall sell, assign, transfer or convey his/her ~tock (except by operation of laW), nor shall the cor~ issue any additional shares of stock, ff any such transfer or issuance will effectively change the ownership of the corporation. e USE OF THE FACIUTIES IS PRIMARY. Vanderbilt Beach is for the use of the public for rea-eationel and other public purposes taxi the public's right to such use shall r~t be Infringed upon by any aclMty of Ire Conce~on~lre. However, this does not preclude the Concessionaire from ~cheduling promotional events whtch might tempomr~y limit access to the event site subject to the prior written approval for each of ~aid event, on a case-by-cass basis, by the Director of Parks and Recreation Department. e ~..C.c.~E~. The Conces~of~im must provide at ~ mqaenss any security measures to protect its area, equipment, matmtab and facilities. Such security measures shall no~ vlotate other restrlcliom of thb Agreement pERMITS. LICENSES. TAXE~. The Com:essk:malre shell obtain and pay for all permits and licenses necessmy for the comlucting of bus~ and shall comply with employed by the Concelllonlim. Thb ~J~all Include HRS Screening for the N~afl ~x~ssfully complete CPR and Flint Aid Clasaes within one hundred eighty (180) clay~ of the commefloemeflt oflt~ Agreement. The Concesdormim shall also be solely ~ fo~ ~ of any and aa taxes levied o~ the conce~sk:m PERFORMANCE BOND. The ~ shall provide a Performance Bond in (10) adendar dayl dte~ ~ of the Cornel ~ Setback Line Permit. 3 . . 16C1 10. 11. 12. The Performance Bond shall be either executed by oc countersigned by a r~ensed resident agent of the surety of' insurance company having its place of business in the State of Florida. F~, the said surety or insurance company shall be duly licensed and quar~.d to so business in the State of Florida. Attorneys-in-fact that sign Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. TRASH AND GARBAGE REMOVAL The Concessionaire shall be respons~le for the pickup and removal of all rubbish, trash, and garbage within fifty (50) feet of the beach concession. The ~ shall provide commercial garbage service. RESTROOMS. The Concessionaire shall clean restrooms (sweeping, mopping, cleaning of sink, tm'let bowls, urinals, restocking, and emptying of trash containers) two (2) times daily; one time prior to 8:00 a.m. and the second time mid-afternoon. The County shall furnish to the Concessionaire all materials necessary to clean and supply restrooms. CONSIDERATION, The Cortcess~ire shall remit to the County, as consideration for this Agreement, · percentage of 'IlK of the total gross revenue or a minimum monthly dollar amount of $300.00, whichever is greater, of the Concessionalm's business of selling and/or renting umbrellas, chairs, hammocks, tubes, rafts, floats, kites, cabanas, caps, shirts, and beach related sundries. The percentage shall be based on total gross revenues per month. Said payments shall be tendered to the County by the 15th of each month for the preceding rnonth, and such payments shall be accompanied by a statement of gross receipts for the preceding month. The applicable Florida State Sales Tax on payments to the County as per this Agreement shall be added to the Concessionaire's payment and forwarded to the County as part of said payments. The County is to receive its revenue payment as net, free and clear of all costs and charges artsing from, or related to Concessionaire's obligations under this AgreemenL and that the guarantee or the percentage of total gross revenues be paid monthly. The term · gross revenue' or *gross receipts* means ali income collected, accrued or dedved by the Concessionaire under the privileges granted by this Agreement or other document entered into with the County, excJuding amounts of any Federal State or other tax collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. The Cocx:esstoneire shall provide the County Finance Department a Statement of Gross Receipts. Such statement shall be ceflJfled as true, accurate and complete by the Concessionaire and by an independent Certified PLd3~ Accountant. The Concessionaire agrees to use point-of-sale machines or other accounting control equipment for the proper control of cash and payment. All financial records are to be maintained during the entire term of this Agreement and for a period of three years following the termination of this Agreement. The Concessionaire ~aff provide a copy of Its State Sales end Use Tax Report for the same accounting period as required for the Statement of Gross Receipts. 4 16Cl 13. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on that amount, and any other taxes and fees due must be submitted to the County through the Director of Parks and Recreation, to be received no later than fifteen (15) days after the close of each month. In the event the Concessionaire fails to pay this cormideration within five (5) days of such due date, there shall be a late charge of F'dty Dollars ($50.00) for each such late payment, in addition to interest at the highest rate allowable by law. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the County may take possess~ of the Concessionaire's assets on County property, may cancel this Agreement, and may begin procedures to collect the Performance Bond. A monthly report of activities shall be submitted to the Director of Parks and Recreation by the 15th of each month. This report shall accompany the monthly statement of gross revenues and will be subject to audit. The County has no duty to notify the Concessionaire of its failure to remit any such payment or report. 14. FORCE MAJEURE. If closure of the facir~ies or loss of equipment is due to fire damage, flood, civil disorders, act of God, etc., to ~me but not all of the facilities and equipment, the County will allow pro rata adjustment of monthly payments up to the time such damage is repaired. 15. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove from the Vanderbllt Beach Concession any personal property brought thereon or any replacements thereto by the Conce~ionaire for the purpose of this Agreement, except such items as may be removed with the express written permission of the Director of Parks and Recreation. Upon expiration of the term specified in Paragraph 1-a, if the Concesskmaire has made full payment under this Agreement, and has fully complied with Ihe terms of this Agreement, he may remove his pemonal property Including equipment from Vanderbilt Beach and shall do se within ffteen (15) days following the expiration of this Agreement, provided such personal pmpe~ and equipment must be removed without damage to the premises. On Concessionaire's failure to do so, the County may cause seme to be removed and stored at the cost and expense of the Concessionaire, and the County shall have · continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and County may sell such personal property and reimburse itself for such costs and expense, plus ail expenses of 16Cl ' ' 16. 17, 18. 19. 20. 21. RECORDS. AUDrT. ConcessiVe shall estabr=h and maintain such records as now exist and may hereafter be p~ by the County in the future to provide evidence that all tenTts of this Agreement have been and are being observed. The Concessionaire grants to the County the right and authority to audit all records, dominants, and books pertaining to the concession operation. Such audit va'Il be conducted at locations and at a frequency determined by the County and communicated to the Concessionaire. The ~ agrees to provide materfais for the audit at the place designated by the County within three (3) business days after the County's notice to do so is received by Concessionaire. afl at no cost to the County. COOPERATION. The Concessionaire agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of all concession services. The County a~all provide ~im with advance notice of any special event and shall coordinate with the Concessionaire regarding same. County shall provide Concessionaire with notice of the avallabir~ of plans for any remeder~ng of the fac~T~tles. II~tEE.G.T].O~. The concessk~ facilities and premises may be ~pected at any t~e by a authorized representatives of the Director of Parks and Recreation or designee, or by any other agency having respons~ for inspectio~ of such ope..ra~.ns. Concessionaire shall undertake Immediately the correction of any def,:bncy cited by such inspectors. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for comPensat~,'t for lo~ or damage mmained by reason of any interference with the concessk:m operation by any public agency or official in enforcing their duties or any laws or ordinances. Any such Interference shall not relieve the Concessionaire from any obligation hereunder. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all rights, claim~, and demands and forever releases and discharges the County from all demands, ctakns, actions and causes of action arising from this Agreement, except ~. Com:esslonaire will not suffer or through its actions or by anyone under its control or supewision, cause to be tiled upon the property any lien or encumbrance of any kind. In the event any lien is filed, Concess~im shall cause such lien to be discharged within ten (10) days after wrtffen notice to do so from the County. 24. 25. ORDERLY OPERATIONS. ETC.. The Concessionaire shaft have a neat and orderly ~ st d times and stm, be screwy respons~H for necessary housekeep~j services to properly rrmintain the premises. There stroll be no Frying quarters, nor shall the grace~ of pemomd grooming. Subject to the American with Disab~T~ies Act, ~ire ~all supply competent employees, who are physically capable of perforating their emgloyment duties and the County may require the Concess~ortaim to remove an employee it deems careless, ~ insubordinate or otherwise objeclimmbte ~nd whose contln~ employment on Collier County property ts not in the best interest of the County. All Concessionaire emp~ shaft wear shirts and shorts have an experienced manager overseeing the concession operations at all limes when open for business. HOURS OF OPERATION. The concession sh~ll be open and properly staffed seven (7) d~/s per week. The houm of oper~lon stroll be from st least 9:00 A.M. to st least 5:00 P.M. The Concessio~im rosy open st in earlier time and close at a later time subject to prior written approval of the Director of Parks and Recreation Department. All hours of operation shaft be consplc~ ~ and easily md by park visitors. . NO IMPROPER U~E. The Concetaienaim will not use, nor suffer or permit any person to use in any manner whatsoe~, the cor,:e~sion facilities for any improper, immoral or offena~'e purpose, nor for any purpo~ In violation of any federal, state, or County law, ordinance, rule, order or regutstlon, or of any applicable governmental rule or regulation In Ihe event of any violation of this Agreement by the Concessionaire, or if the County or i~ aultxxtzed repm~-~a~e ~ deem any comluct on the part of the Concessionaire C-.once~tah~ fail Io promptly cormc~ any such violation, conduct, or practice to the H~. ,~H IIIIII IIIIIIIIII '' IIII I II 16C1 28. 27. 28. 29. 31. 32. PRICES. The Concessionaire agrees that prices and fees charged for concession rnerchandi~e and services will be competitive with those charged for similar merchandise and service in the general vicinity of the park. All prices must be displayed and viable by the Concessionaire' s customers. All such prices and fees must be approved in writing by the Director of Parks and Recreation or designee. The Concessionaire shall rent or sell only those items approved in writing by the County. NO DANGI~ROUS MATERIA[,S. The Concessionaire shall not use or permit in the fac~T~ies the stcmge 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 porK:les of fire ineumnce companies doing business in the State of Florida. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the ten'ns and conditions hereof and such default is not cured within fifteen (15) days after written notice is given to ttm Concessionaire, the County may cancel this Agreement and revoke the privilege of the Concessionaire to come upon the County's property for purposes for which the concession was granted and may oust and remove all parties who may be present, or may occupy any part of the premises for the purpose of exercising any rights so revoked. NO DISCRIMINATION. Them shall be no discrimination as to race, gender, color, creed or national odgin in the operations referred to by this Concession Agreement; and further, tttere shah be no discrimination regarding any use, service, maintenance, or operation of the premises. All factr~tes 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 facirrttes. TERMINATION. The Agreement may be terminated by the County immediately due to any material breach of this Agreement, Including, but not r~nited to, failure of the Concessionaire to maintain the approved hours of operation or fa~ure of the Concessionaire to provide a receipt to each customer for every transaction. The county shall be sole judge of non-ped~. Further the County may terminate this Agreement for its convenience by giving the Concessionaire not less than a sixty (60) day written notice of such intenL During the notifl~ period, both parties agree to meet its respective contractual obligations In good faith. COUNTY CONTROLS OF VANDERBILT BEACH CONCESSION. Nothing in this Agreement will preclude the County from using the public areas of Vanderbilt Beach for public and/or civic purposes as deemed necessary by the Director of Parks and Recreation. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided. Vehicles shall park only in areas designated by the County for vehicle 33. 4e 35. FLORIDA I.~W. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida, ~ The Concessionaire shall provide, at his sole expense, required signs at all public approaches to the Concession. All signage, advertising and posting shall be as approved by the Director of the Parks and Recreation Department. Signs that will be used for advertising purposes shall be constructed and maintained to County standards as del~ed by the Code Compliance Department. The use of the Collier county Logo is prohibited. INDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold the County of CoFfer and its off<em, employees and agents flee and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabifities of every kind and character arising out of or relating to any and all claims, fiens, 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. Collier county will be responsible for its sole nagr~gence. [J~. Before commencing work of any kind (1) the Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida, and (2) shall file evidence of such insurance with Collier County's Risk Manager. Commerclal Gene~l Liability; Coverage shall have minimum limits of $500.000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent cof~tractors; Products and Completed Operations and Contractual LiabFffy. Workem' Comoensatlen: Insurance covering all employees meeting Statutory Um~ In compliance with all their applicable state and federal laws. Soectal Reoutremeftts: Collier County shah be listed as the Certificate Holder and Included as an Addit~onal Insured on the Comprehensive General Uability Policy. Current, valid insurance por,:tes meeting the requirement herein identified shall be maintained by Concessionaire during the duration of this Agreement. Renewal certificates shall be ~ant to the County at least 30 days prior to any expiration date. There shall be a 30 day notiftc, atk~ to the County in the event of cancellatto~ or modification of any required insurance coverage. ~ire shall insure that all of its subcontmctom comply with the same insurance requirements that Concessionaire is required to meet. The same Contractor shaft 37. THIS AGREEMENT ehall be administered on behalf of the County by the Parks and Recreatio~ OeparUTamt. As used herein, the word 'County' shall refer to the Director of Parks and Recreation unlas~ the context renders such com'm.cl~n 38. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component par~, all of which are as fully a part ofl~e contract as if heroin set out verbatim: All Insurance Certificate; RFP No. 97-2654, and Performance Bond. In the event that any Terms and Cond~ of the Request for Proposal are precedence. IN WITNESS WH~OF, tt~e ~ire and the County, have each, respe~, by an a~ person or age~t, hereunder set Iheir hands and seals on the date and year ~ Date'S.~ ~ BOARD OF COUNTY COMMISSIONERS ~.~..~; ~.:. ', COLLIER COUNTY, FLORIDA TIMOTHY/E. HANCOCK, CHAIRMAN CORPORATE SEAL 10 Legal Description Ali that part of Section 32, Township 48 South, Range 25 East, Collier County, Florida, being ~ as follows; ~clng at the southeast comer of Section 32, Township 48 South, Range 25 East. Collier County, Flora; !hence along the east line of said Section 32, North (X)',38'-50' West 3437.06 feet to the Iouthedy rlgM-ofMay line of State Road 5-882 (Vanderbilt Beach Road); thence along said right-of, way llne North 80~.08'-20" West 1843.02 feet to the POINT OF BEGINNING of the parcel herein d~; thence South 60'-32'.23' West 33.49 feet; thence South 21'-19'-00' East 31.78 feet; Itmnce ~uth 01'.27'.~,~0' West 40.12 feet; ttwlce 8outh 22-00'-30' Ealt 34.48 feet; thence ~uth 84'-15'.40' East 17.00 feet; thence South 09'-51'.10' East 20.25 feet: Ifkem:e South 38'-15'-25' Eelt 18.16 feet; thence ~ 09.,49'-10' E~t 8.95 feet; thefce South 08°-55'-00' East 6.04 feet; thence South 04°-33'-35· West 59.22 feet; thence North 80'-08'-20' West 75.06 feet to the State of Florida Department of Natural Resourcal Coastal Cof~tz~t~on Control Une (per revised rn~p of record, recorded ,July 29, 'lg80, Collier County, ~): thence cont~ue Nof~ 80*.08'-20' West 200 feet mom or less to the Mean High Water thence noW'Mestef~/along Mid Mean High Water Une 241 feet mom or less to a point ttmnce along laid right, of. way Ine ~)uth 80'-08'-20' East 200 feet more or less to the 80*-08'-20' East 100.37 feet to the Point of Beginning of the parcel hereln described; ]1 . N GHAM ,?My I0. 1997 comer Coumy lk~-~ of Comm~kmm~ ~01 Ea~ Tamlami Trail mpks. F3ot~ 2~1J2 refusal & ~ bJur7 llcf. b G~ Afl ssoojoo S S0,000 s I,~Oa Medic~d bpem D~bc~k.: SNa~ COLLIER COUNTY GOVERNMENT 8UPPO~¥ ~RVIC'"~r.8 DIVISION GENERAL ~.RVI C~.3 BLDG Purehadal Depeflment SS01 TAMIAMI TRAIL RAST NAPLE~ FL (941) DATE: Hatch 7, 1997 Prospect ire Bidders Owen Butler, CPPB, Senior Buyer The Board o! County Ccamissioners, Parks and Department, Public Services Division, desires proposals for the above-re£erenced services. Recreation to receive Please refer to the Public Notice contained in the enclosed proposal package for the time and date of the Pre-proposal Conference and the Openir~ of this p.~p. l£ you have any immediate questions regardin9 the or intended ~ork, ~ ~.~y contact Nr. Oary Superintendent at 941/3S3 0404. l£ you have questions, you may contact me at 774-8425. speci£ications Francs, Parks any procedural He look forward to your par~icipation in this RFP process. /Ob VANDERJlLT BF. JUal CONCESSION lOC1 3:00 p.m. for proPO~l #g7-2884 7-10 11-12 ZsJ~zx'~ce Requ.(~'emenf:~ , . ......... 17-16 ],z'o~em#:ionaZ & Oual:Z£ytng ," ' Zz~oz'maC:ion (OuemCtozzna:Zz'e). . . . . . 19-20 ~oj:,ome~ Cl~eck ~tmc . . . . . . . · ,. ,,.. 22-2:3 24 Request for Proposal #97-2654 - Vendefbllt Beach Concession' 16C1 NO~CE OF FU8~C F~OFOSAL$ Pursuant to approval by the County Manager, Sealed Proposals for a Beach Concession at the East Naples Co~nunity Park will be received until 3:00 p.m. on a. pz~l 11, 1997 at the Purchasing Department, General Services Building, Collier County Government Complex, Naples, Florida 33952. A non-mandatory pre-proposal conference will be held on Maz~ 20, 1997 &~ 10=00 a.m. at the Collier County Parks Administration Office, 3300 Santa Barbara Boulevard, Naples, FL 34116° All proposers aust complete the enclosed forms requesting pertinent info~mation relating to the operation of a beach concession. The submittals will be used by the County in making its evaluation of the proposals. All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal specifications. Additional copies of specifications will be available from the Purchasing Department in General Services Building, Collier County Government Complex, Naples, Florida 33962. All proposals shall include a proposal security which may be in the form o£ a cashiers check or other acceptable form of monetary security in the amount of Two Hundred and Fifty Dollars ($250.00). The successful Proposer shall be required to furnish a performance bond in the amount of Two Thousand Dollars ($2000.00) which shall be ~equired p~ior to the signing of the Agreement and shall be in faithful observance of this Agreement. The Perfo~sance Bond shall be either executed by or countersigned by a licensed resident agent of the surety os insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Perfo~nance Bonds must file with each bond a certified and e£fective dated copy of their Po~er of Attorney. Request for Proposal ~g7-2654 - Vanderbilt Beach Concession' INS~ON TO I:~OPOS~R Collier County, in a program to provide a beach concession operation the citizens and visitors of Vanderbilt Beach, is seeking a qualified concessionaire. EFALUATIOII OF l~to~og~lJ~g ,., SFLtCqTTON FACTORg The general Contract Terms and Conditions set forth criteria which will be used in the receipt of proposals and selection of the success- ful firm. In addition, the criteria set forth below will be considered. A Belection Co~nittee, appointed by the County Manager, will independently evaluate each proposal, and selection will be made on the basis of the criteria listed below: 1. Answer All Ouestions on RFP= Proposer shall answer all questions on the .proposers 0ualification Forms as well as provide all information requested on Page 11 Scope of services, paragraph titled Concession Operation. A Firm answering all questions and providing detailed information shall receive a maximum of ten (10) points. 2. Oualifications and Rx~erience in Overatina a Concession Rating Shall be based on information provided on experience in the operation of a Beach Concession. A firmwho has direct experience with this type of service shall receive · higher rating than a vendor who, for instance, has worked in a food management operation (maximum of 2S points). 3. Overall Comoletensas. Claritvand Ouslitv of Pro~osal= Rating shall be based on overall completeness and clarity of proposal. A proposal that clearly indicates past experience, similar contracts that are no~ in effect, proposers proposed method of operation to include sketches of any i~prove~ents that may be made and references shall receive · etaxtmum rating of ten (10) points. 4. Percentaoes Offered= ~ach proposal shall include the percentages offered and the minimum monthly ~uarantee. The percentages shall be compared to the other proposals. The Concessionaire who offers the highest percentages and minimum monthly guarantee shall receive a maximum of 2S points. A proposer who offers lower percentages aha11 receive correspondingly leas points. 5. ~&IgXI;][~ A sample of the vendor's monthly report of activities shall be submitted along with the proposal. Rating aha11 be baaed on info~nation contained within repo~c, ease 'of uss, ~ the rating shell be worth a maximum of five (S) points. Request for Proposal 197-2654 - Vanderbilt Beach Concession' Ooerational Concerti and Planet The proposal will be evaluated based on proposed operational plan. The operational plan shall be ccNapared to ocher vendors proposed plans. The plan Chac is most advantageous co Collier County shall receive a maximum racing of 25 points. Collier County procedure for selection is as follovs= Request for Proposals solicited. 2. Receipt of Proposals. The CounCyHanager shall appoint a Selection cc~ccee to pre-qualify all ~roposals submitted. The ccxnmitCee e~nbers shall score each Proposal in accordance rich the rating attached, and may, ac ~heir discretion, schedule presentations fro~ the top-ranked firms. The committee ~embers viii rank qualified fermi and Begin negotiations rich the Cop-ranked fem. Should Collier CounCyBe unable to negotiate a satisfactory contract considered to be the most qualified at a price the County deteminee Co Be ~air, coe~etitive and reasonable, nec2ociations shall Be formally Cer~i~ced and negotiations undertaken with the second most qualified firm. FailAng accord with the second most quali£ied firm, the County shall Cerminate negotiations, an~l under~ake ne~otiationJ vith the third ranked fem. Upon the euccese£ul co~letion o£ negotiations, a Contract shall Be ctrawn up for £inal approval by the goardo£ County ~ssioners vhola¥ request a presentation by the Cop-ranked firm(s). Request for Proposal 197-2654 - Venderbflt Beech Concession' G~NERAL CONDITION9 AND INSTRUCTIONS TO PROPOSEI~ t~OPOSAL SUBMISSION: The procedure outlined in the Notice of Public Proposal emst be followed. Proposers must sub, it the proposal together with the required forms and Contract Proposal. Submit the original and five (5) copies of the aforementioned documents to the Purchasing Director, the original signed in blue ink and ~bmitted in a sealed package along with all copies, on wh/ch shall be shown ~he name of ~hs proposer, proposal opening date, p_wp nmaber and title on r. he outside of the proposal package. The proposer should retain one color of the proposal. Whether forwarded by mail or personally delivered, the above-mentioned envelope must be received 1~/ the Office of Purchasing Director prior to the date and time stated in the Advertisement for Proposals. The County assumes no responsibility for proposals received after the due date and time, or at any office or location other than that · pecified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reacon. Late proposals will be held, unopened, and will not be considered for award. REQUIRED DOCUMENTATION~ Failure to execute a Contract, furnish evidence of appropriate ~n~urancs c~verage, as provided herein, within ten (10) days after written notice of award has been given, shall be Just cause for the annulment of the award and the forfeiture of the RFP Security to Collier County, which forfeiture shall be considered, not as a penalty, but as a liquidation of damages ~ustained. Award · ay then be made to the next-ranked responsible bidder, or all bids ~aybe rejected. ~ROPOSA£ FORM= Each proposer must submit the co=pieced Proposal For~ included in this Request for Proposal. ~NG/~ PR~L~ Only one proposal from a legal entity will be considered. If it is found that a proposer ie interested in more than one proposal, all proposals in which such a proposer is interested will be rejected. ~CEPROPOSAL= When required, prices shall be stated in both words a~d figures in the appropriate places in the Proposal Form. In the event that there is a discrepancy between the price written in words and the price written in figures, the former shell govern. Request for Propo.al 197-2654 - V.nderbilt Beach Conceasion' QUALIFICA~ON FORM: ;.ach proposer must complete and submit the Proposer Qualification Form included in this Request for Proposal. Evidence that the proposer is fully qualified and competent to complete this project is required. Prospective proposers shall disclose any record of pending lawsuits, criminal violations and/or convictions, etc., and shall not have conflicts of interest u~er Chapter 112, Section 112-313, Paragraphs 1 through 7 of the Wlorida Statutes, and agrees that they will fully ccxnply in all respects with the terms of said laws. p~JECTiON OR ACCEPTANCE OF PROPOSALS: .The right is ~eserved. b~. ~ilier County to waive any irregularities in any proposal, to re3ecc any or all proposals, to re-advertise for proposals, if desired, and upon recommendation and proposal which in the ~udgment ot advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful proposer, or hie refusal to enter into the Collier County Contract, the County reserves the right to accept the proposal of any other proposer or to re- advertise using the same or revised documentation, at its sole discretion. pI~OTECTION OF RIGHTS OF COUNTY= The County reserves the right to include in any contract document such terms and conditions as he deems necese&ry for the proper protection of the rights of Collier County. ~udge ~or hi,elf all ~c~ers c~rac~er of ~he semites he agrees ~o ~rfo~. Ii ~he p~ser s~ld ~ of ~he ~inion ~ the ~aning of any pa~ of the P~sal ~~n~ Is d~btful, ob.~re or contain~, e~ror~ o~ s~ld re~r~ such ~inion or ~inions to ~ne ~rcnaszng Dzreccor, ~cessa~, co all pro~ctive pr~sers ~ore pr~sals are ~iled with ~ ~ard of C~y C~issi~ers. ~ re~ible for oral tnte~re~a~ion given either ~ ~el~ or ~rs of his e=aff~ the issu~ce of a only official ~2~ where~ ~ch inCe~retaCion will ~ given. ~D~WAI OF~~I: NO pr~sal can filed ~ess the preset ~kes his re.es= in wi=lng to =he ~rchsi~ Director prior to the tim set for the ~ning of pr~sal, or uless the ~rc~si~ Director fails Co accept i= within sixty (GO) ~ys after tM ~ce fi~ for o~ning of pr~sal. Request for Proposal 197-2654 - Venderbilt Beach Concession' PROTEST_PROCEDURE.q: ~ny actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director ~ ~o the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the Bid or the acceptance date for the Request for Proposals. Award of contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department on We. dnesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the reco~ended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A cop~ of the "Protest Policy" is available at the office of the Purchasing Director. EXPENSe'S INCURRED IN PREPARINO PROPOSAl: The County accepts no responsibility for any expenses incurred in the proposal, preparation and presentation, such expenses are to be born exclusively by the proposer. ~dt~' Al1 firms are hereby placed on ]E~ that the Board of County Commissioners does not wish to be lobbied. . .either individua]Lly or collectively. . .a~= a p~Jec= for which a rim su~/tted a ~8al. FL~ a~ their agents are not to c~tact ~rs of the C~ty ~LIsL~ for ~ch ~ses as ~e~Lng or ~n=r~uction, l~cheone, di~erl, etc. ~ri~ the pr~ess, ~eal elosL~ to f{~l ~ard a~a], no fL~ or 2heir agent s~11 c~=ac= any other e~l~ee of ~llLer C~=y in re~erence ~eal, with the exception of =he ~rc~s~ng Director or des~ee(s). Failure ~o ~ide ~ ~hLs p~LsL~ ~y se~e as f~ ~~lLfica=lon for a~rd of ~hLe c~trac= ~o ~ fL~. ~AYZON: Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per Specifications, the County may terminate this Agreement immediately for cause; further the County may terminate tkie Agreement for convenience with a seven (7) day written notice. The County shall be sole :Judge of non-performance. Request for Proposal 197-2654 - Vanderbilt Beach Concession' ~RFORM.~L~I~_~8OND: The bidder agTees, should he/she be successful in award, to furnish the County within ten (10) consecutive calendar days after written notice of award has been given, a Performance Bond in the mnount of Two Thousand Dollars ($2,000) or any other tern of ''surety~: .i: executed with a surety insurer being an approved reputable and .responsible firm licensed to do business in the State of Florida to guarantee the faithful observance of this contract in strict accord with the Contract Specifications and other documents. All performance security shall be continued to a minimum of six ($) months past the co~pletion of the project under this contract. Each proposal shall be acco~panied by a Two Hundred and Fifty Dollar ($250.! RFF security in the for~ of a cashiers check, bid bond, irrevocable letter of credit, cash or other form of security authorized by the Purchasing Director. Collier County reserves the right to re~ec~ any and all security tendered to the County. RFP security will be returned within thirty (30) days after Collier County and the accepted proposer have executed a written contract. ADDFIYONAL IA'FORMA770Nt Other than minor procedural matters, questions regarding this proposal must be addressed to= Mr. Gary Franco, Parks Superintendent P~rks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 Telephone (941) 353-0404 Request for Proposal 4'97-2654 - Vanderbilt Beach Concession' Introduction Vanderbilt Beach is located on the western end of Vanderbilt Drive. The beach facility includes 1100 feet of recently resCorated beach area along with site amenities such as showers, handicapped board walk and restroom facilities. The beach is open sunrise to sunset. The County is looking for a Concessionaire to provide the sale or rental of u.~brellas, tubes, rafts, floats, cabanas, beach related · undries, and any other services that the Concessionaire wishes to propose. No food or beverage will be allowed at this concession location. The Concessionaire is prohibited from renting sailboats or ar~ type of motorized boat. There is no building available for operation of a concession at this location~ however the concessionaire may construct a chickee hut utilizing standard construction codes set by the County Building Department. The Concessionaire shall not conduct any other business on County property without specific written authority of the Board of County Commissioners. Hours of OveratiQn During the term of this Agreement the concession operation shall be open and properly staffed seven (7) days per week fro~ 9:00 a.m. through St00 p.m. All scheduled hours of operation must be approved by the Director of the Parks and Recreation Department. Zonina Reauirements Parks and Recreation, in conjunction with the County Zoning Department, has determined that the zoning at Vanderbilt Beach doesn't need to be changed to accc, umodate storage of equipment on the beach and in the parking area. The zoning is considered a compatible accessory use which allows for commercial activity at the beach location (i.e., storage of chairs on beach). Concession ODeraCion The proposer shall provide a narrative fully describing his/her proposed operational concept, financial commitments and plans in regard to the operation of the facility. Proposals for operation and any capital improvements shall, at a minimum, include the following: a) Hours of operation; Request for Proposal #97-2654 - Vanderbilt Beach Concession' b) c) d) e) f) g) h) Proposed staffing levels; Provide a chart outlining all services to be provided and the time. frame for each service to be fully operational at the concession site; Indicate the amount of capital funding that will be provided by the concessionaire and the source of this funding; Provide a fee schedule for products and services that will be sold to the public; Provide resumes for all persons who will be involved in the business and actual operation of the concession; Provide at least three (3) references (name, address, and telephone number) on co~parable concession operations. Describe services provided for this concession operation; Provide a list of similar contracts that are currently in effect. Request for Prormsal #97-2654 - Vanderbilt Beach Concession" FURPOSE OFAGREEMEIVT, The Agreement shall be for the sole purpose of operating and managing a concession operation. The Concessionaire shall not conduct any other business on County property without specific written authority of the Board of County Commissioners. SUM PAYABLETO COUNTY: The Concessionaire shall pay to the County a stated percentage of gross receipts or minimum monthly guarantee. Said rental percentage shall be paid to the County by the 15th of each month for the preceding month, and said payment shall be accompanied by a statement of gross receipts for the preceding month. It is also understood chat the applicable Florida State Sales Use Tax on rental payments shall be added to the Concessionaire's rental payment and forwarded to the County as part of said payments. It is the intent of the County that it is to receive the rental amount as net, free and clear of all costs and charges arising from or relating to said demised premises. GROSS RECEIPTS: The term "gross receipts" is understood to mean all income collected or accrued, derived by the Concessionaire under the privileges granted by his Agreement or other document entered into with the County, excluding amounts of any Federal, State or City sales tax, or other tax, collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. AUDITING OF ACCOUlYT$: The Concessionaire shall, upon demand, make available locally, books of account and financial statements to authorized representatives of the Office of Internal Audit of Collier County. UCENSES AND TAXES: The Concessionaire shall be required to obtain and pay for all necessary licenses for this operation. Me shall be solely responsible for payment of any and all taxes levied on his operation. ~MPI. OY~? QUAUFICA~ONS: The Concessionaire shall employ people to' work at this facility who are literate, neat, clean, well-groomed and courteous and wear a uniform of the company. Request for Proposal #97-2654 - Vanderbilt Beach Concession' General Requirement# (Cont/nuedl TERM OFAGREEME~T: The term of the Agreement between the County and the successful proposer shall be for a period of three (3) years from the date of approval by Collier County's Board of County Commissioners and shall be renewable upon satisfactory performance by the Concessionaire for a period of two (2) years under the same terms and conditions, subject to approval of the Board of County Commissioners. The County shall give the Concessionaire written notice of its intention to extend the Agreement no less than ninety (90) days prior to the end of the existing Agreement. The Concessionaire must notify the County of his/her intent to accept the Agreement extension not less than sixty (60) days prior to the end of the existing Agreement. CASH REGISTERS: The Concessionaire must use point-of-sale electronic cash machines or other electronic accounting control equipment for the proper control of cash payments. Cash register tapes must be maintained and made available upon demand during the entire term of the Agreement with Collier County. All electronic cash equipment and accounting procedures must be approved by the Collier County Finance Department. All sales must be accompanied by a receipt to the customer. OPERATIONAL CONCEPTS: The successful Concessionaire must obtain written approval from the Director of Parks and Recreation or his authorized representative for any and all changes in operational concepts as set forth in his Proposal MAINTENANCE AND REPAIRS: The Concessionaire shall, to the satisfaction of the Director of Parks and Recreation or his authorized representative provide normal and routine daily, monthly, yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons. ~: The Concessionaire shall provide any security measures which may be. required to protect his/her area and his/her equipment materials and facilities. ' TRASH. RUBfl/SHAND GARBAGE REMOVAL: The County will provide all garbage, trash and rubbish receptacles vithin the confines of his area. The Concessionaire shall be responsible for the pickup and removal of ali rubbish, trash and garbage including removal of trash from the concessicn area to the dumpster. The Concessionaire agrees to perform daily removal of litter in the immediate exterior area within fifty (50) feec of the beach concession. AS,'~fGNMENTOF CONCESSION AGREEMEtI~', The Concessionaire shall not, at any ti~ during the tenure of the Agreement, sublet any par~ of th~s Agreement or assign any portion or part of it, except by virtue of written permission granted by the Board of County Co~missioners. Request for Proposal t97-2654 - Vanderbi~t Beach Concession' Geweral ReoutrementJ I~1 NON-DISCRIMINAtOr: There shall be no discrimination as tO race, sex, color, creed, age or national origin in the operations referred to by this Management Operations 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 safety, orderly operation and security of the facilities. ~_~: The Concessionaire must provide and maintain, at his own expense, all equipment required to operate the Beach concession. The Concessionaire shall have the right to use County equipment, furnishings and fixtures that may be presently used in conjunction with the operations. Any equipment that is lost, stolen or damaged shall be replaced or repaired at the expense of the Concessionaire; ordinary wear and tear is expected. Upon the expiration of the A~reem~nt, the Concessionaire shall quietly and peacefully, redeliver said inventory to the County. ~: A monthly report of activities submitted to the Parks and recreation Department by the 15th of each month. This report can be in the form developed by the Concessionaire and approved by the Director of Parks and Recreation or his authorized representative. The report, as a minimum, shall include hours of operation, daily attendance figures, and weather conditions, etc. This report shall accompany the monthly statement of gross revenues and will be subject to audit. ~PPEARANCE OF PREMISES: The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping on and around the beach concession including the daily cleaning of the restroom facility. Concessionaire shall make available all areas under his control for examination at any time by the County Manager or his authorized representative. RESTROOM$= The County will furnish to the vendor all materials necessary to clean and supply restrooms. The concessionaire shall clean restrooms (sweeping, mopping, cleaning of sink, toilet bowls, urinals, restocking, and emptying trash containers) two times daily; one time prior to 8:00 a.m. and second time mid-afternoon. PU~LICUSE OFFAClLITIESz The atcention of prospective proposers is directed to the fact that the Concessionaire shall be responsible to the Director of Parks and Recreation Department for the satisfactory and courteous operation of his concession. Nothing in this Agreement shall preclude the County from using the public areas for public and/or civic purposes as deemed necessary. Request for Proposal 4'97-2654. Venderbilt Beach Concession° P'a~e 16 g~neral ~e~uir~sen t~ MANAG£RIAL SERVIC~$; The Concessionaire shall have an experienced manager or ~anagers overseeing the facility. Conduct of the employees of the Concegsionaire shall be subject to reasonable regulation by the Director of Parks and Recreation Department. ADVERTISINGANDSIGNSl The Concessionaire shall provide, at his sole expense, required signs at all public approaches to the facility. All signage, advertising and posting shall be approved by the Director of Parks and Recreation or his authorized representative. CLOSURE OF FAClUTIE$-LOSSOF EQUIPMENT: If closure of the facilities or loss of equipment to some but not all of the facilities or equipment due to fire damage, flood, hurricane, civil disorder, strikes, act of God, etc., the County will allow pro-rata adjustment of ~nthl¥ payments ups to the time the damage is repaired or other circumstances return to normal. · EGINNING OF OPERATIOn: The successful proposer shall be open for business to the public no later than thirty (30) days after the approval of the Contract by the Board of County Commissioners. Request for Proposal ~97-2654 - Vanderbilt Beach Concession' 16C1 Pa~ 17 Collier County lneur&nce Requirements X 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. X X N/A N/A 2. Commercial General Liability (Occurrence Form) patterned after the 1985 I.S.O form with no limiting endorsements. Bodily Inturv & Property ~ 500.000 Single Limit Per Occurrence 3. Indemnification: The Contractor/Vendor, in consideration of Ten Dollars ($10.00}, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and Judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first Ten dollars ($10.001 of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability Owned/Non-owned/Hired Automobile Included Each Occurrence 5. Other Insurance as indicated below: a) Professional Liability $ Request for Proposal #97-2654 - Vanderbil! Beach Concession' COLLIER COU~ FLOitIDA INSU~ REQU~REM~S (Continued) X 6. X 7. X 8. X 9. X 10. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with cez~cificates of insurance meeting the required insurance provisions. Collier County must be named as 'ADDITIONAL IN,UP, ED' on the Insurance Certificate for Commercial General Liability. Collier County Board of County Commissioners shall be named as the Certificate Holder. NO%E--The 'Certificate Holder' should read as follows: Collier County Board of County Co~,issioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No ~ ~ will be ~'nirty (30) Days Cancellation Notice required. The Certificate must s=ate the Bid Number and Title. We understand the insurance requirements of these specifications and that the evidence of insurability may be _~ed within five (5) days of the award of bid. Request for Proposal #97-2654 - Vanded3ilt Beach Concession' ~ 19 pROPOS~It ~<rALZI~C~T~O~ FORM ~ddress: _ $~. City: Telephone: t~x Numb.: State ~'~-. ZIP TYPE OF CONCESSION EXPERIENCE - _~,rienc,e~ etc. ): ~ OF ~, ~ration/Years in Business: - partnership/Years ~n Bus,ness: ' Sole Pr~rietornhip/Years in Bus~ness: (food management operation, Concession Years o[ Experience in Work Listed I.¢. ~ ~,,..,. ~c Title Ck.-.',- I ~, ~. ,d~'~ Bank(s) Maintaining Account (s): Surety/Underwriter: (if required) Other References: ~ "r r..'.'/' !'" ' ..... ,~'~" ~., f' ,.., :,,..~, :~,, Request for Proposal #97-2654 - Vanderbilt Beach Concession" Pa~ 21 THIS ~HEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department I M P O R T A H T: Please read carefully, sign In the spaces Indicated and retum with your bid proposal PROPOSER CHECK LIST 7. If rmq~. ~ amount of bid bond has been checked, and the bid bond or Board of County Colber Coun~ Gcwemmen! Center 3~1 T~ T~ Na~, ~ 33~2 ALL COURIER DELIVERED BIDS/RFPS MUST HAVE THE BID/RFP NUMBER AND Date Request for Proposal 197-2654 - Vanderbilt Beach Concession' C! CONTRACT PROPOSAL BOARD OF COUNTY COMMISSIONERS RE: Requeat for Prolx~al~ 1~97-2654 - 'Vanderbilt Beach Conces~ion' per~o~, company or partie~ interested in this Proposal orltm Contract to be entered Into as prindpa~ am named herein; that lt~ Propo&al is made without connection with any other company or companies making a Propcaal; and it is in all respects fair and in good The ~ to be furnished by us is hereby dectared and guaranteed to be in conformance with the N~:it~cattons of the County. Pen:entages: An amount equal to the indicated ~ of all gro~ receipt= (except =ales tax), m ttm minimum monthly guarantee in a dollar amount whichever is greater, derived from the operalJon of said concessions payable monthly $. 15- % Minimum Monthly Guarantee $ ~C7~;7 Proposal continued on next page... Pal~ 23 Request for Proposal #97-2654 - Vanderbilt Beach Concession' It is understood by the proposer that the County reserves the right to reject any or all proposals, to waive formar es, technical'rties and irregularities, and to re-advertise. The proposer further understands that the County retains the right to withdraw all or any portion of County property thereto from terms and conditions of the Concession Agreement upon giving the concessionaire ninety (90) days written notice. Firm ~'r Legal Name t~c. ~ration-~, ,artnership, sole prOprietorshi'p, (Circle one) Phone No. Address ~0 ~'.~-x:~ c~,.~ ~. Cityand StateTJp AJcf~-'~ Ft. / ~ ~ d Wrttten '' Request for Proposal 197-2654 - Vaflderbtlt Beach Concession' NON-PROPOSER'S RESPONSE For purposes of facirCating your firm's response to our RFP invitation, we are interested in ~sce~ining reasons for prospective prophet's fa~ure to respond to RFP invitations. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate items(s) listed below and retum this form to Mrs. Gwen Butler, Senior Buyer, Collier County Purchasing Departme~ County Government Center, Building "VV", Naples, Florida 33962. We am not mspo~ing to tht~ RFP invitation for the following reason(s): Sef~ces or materials requested not manufactured by us or not available to our cornpem/, Not clearly unde~ood, NOt applicable, Too vague, Too rigid, Insufficient time allowed fo~ preparation of RFP; Irx:orre~ addre~ used. Please coe'ect mailing address: reason(s): Name of Firm: Maiing Adding: City, State, ZIP: Phone( ) ...FAX By: Signature of Representative 16Gl COUNTY CO~IS$1ONE~ MISCEL~OUS CORRESPONDEHCE DECENmER 16, 1997 FOR BOARD ACTION: I. IdtSCF_ I-I-ANF-OUS I i,c-A4S TO FILE FOR RECORD WITH ACTION AS DIREC'fl!D: . ~ snd a~d~ of th~ Octob~ ?, 199V ~ mrtt~e Ch~=~ Community Deve, opm~t ~- ~ ofAprD 3,4, ~0, 2L Jun~ 9, ![, 23, Attgust I[and 19, 1997. Port ofth~ Islands Community Im~m~ Distt~ - m~ma~s of August 21 and ~ 16, 1997 mee6n~. A. Affo~lable Housing C~ ' minutes of Dect'mber 12, 1996, January 27, Ma~ch ! 7, Mny 19, 1997, P.~'m-ed to BCC. B. Emerg~ Medk~ S~wic. es Advisory Council - agenda for November 24, i 997. C. Co~e Enforcement Board - South - rninu~ of ~ber 12, and October 10, 1997. i~fi:rr~ to BCC. of Octob~ 22, 1997 ~ l~-fm,~d to BCC. E. L~ly Oolf Estst~ lksmiflcstio~ Adviso~ Committ~ - agemta of Nowmb~r 14, 1997 snd minut~ of~ I0, 1997 meeting. R~m.~to BCC. F.Psrk.s & ~ Advi.socy Bosrd - s~mds ofNov~mb~ I~, 1997 ~xi minut~ of ~ 22, 1997. RMen~ to BCC. O. Pelican Bay MSTBU ~ Committee ' agenda ofN°vember 12' 1997 and minut~ of~ 1 and 31, 1997. l~femsl m BCC. H. Planning Commission - ngendn of N~~ 20, 1997 and m~--w*~- °f~ 16, 1997 meeting. P,z-fert~ to BCC. NO.~ DEC 16 1997 16Gl Productivity Committe~ - minute~ of(k-tobo' I~, 1997 mee~$. Referred ~o BCC. Technical Advisory Committee & Citizena Advisory Committee - agenda of November 19, 1997 ~ mlnm~ of October 22, 1997 meeting. Rcferr,zd to BCC. Th~ Area Agox'y on Aging for Southw~ Florid~, Inc. - Collier County Services fo~ Scnior~ for Hom~ Car~ for th~ Eld~dy O'IC~ - quarterly monitoring visit rqx~t. Rd~'n~t to BCC. Leuer from Guy Carlton rd'ermdng dism'bution r~.ap of Current Ad Valorem T~x ~md Non-Ad Valorem ~ ~howing year to date m~!~ of taxea collect of discount for 1993, 1994, 1995, 1996 md 1997. Referred to BCC. RECEIVED Ag~.~u~ c~ ~4'~0 ~.x.a~ ~- ~ ~(m~) 4ss.4~o. FAX ~) ~s.2~ms~es4'~41te'~rd of (~ounty Coc~,,~ssfg~ers A~ZNDA ~OA~D OF ~II~EK~ISO~J~ 10th Business Meeting 1997 October 7, 1997 1. Ca1! co order 2. Roll call 3. Dispos£tton of minutes 9/8/97 4. Reports a. Financial Report b. D. C. Report c. MIL Report d. Field Rep Report Chemical mixing centers 5. Old Business NACD survey replies 6. New Business a. NACD n~eting, Columbus, Ohio b. Poster and Speech-wri=ing contests c. Fund raising 7. Ocher Business 8. Nex[ meeting date 9. Adjournment MisC.. Cofre~ To: 1661 Collier 8oil & #atsr Conservation District Board o£ Supervisors October 7, 1997 Supervisors present: Robert M. Griffin, Chairperson Laurie L. Mitchell, Vice-Chairperson Sean P. Morton, Secretary/Treasurer Supervisors absent: Norman Whitney Gregor~ Zak Staff present: Karen Toner, Administrative Assistant Others present: Anthony Polizos, Natural Resources Conservation Service (NRCS) William Jolly, Bureau of Soil & Water Conservation Robert Sirra (Past Chair, CSWCD) The meeting was called to order by the Chair, Rob Griffin, at 4:03 p.m. at the Golden Gate Community Center; the roll was called. Sean Morton moved to approve the minutes of the September 8, 1997, meeting. Laurie Mitchell seconded the motion and the motion was passed. The financial report (attached) was given by Sean. Tony Polizos gave the District Conservaticnist (D.C.) report (attached). He pointed out that much of his time had been spent on £QIP and that 2 contracts were approved by Farm Services Agency. His report included his observation of two chemical mixing center, with Bill Jolly and notation of progress on the survey in South Golden Gate Estates. Tony reviewed the Mobile Irrigation Lab (MIL) report, noting that the 4th quarterly report was provided (attached). The amount of water conserved was noted as well as the fact that the quota in the MIL agreement had been met, with respect shown the team and their work throughout the field along with co, lets support from the growers. Tony noted that no negative input has been received, including from the urban aspects, and advised that the program has been funded again for the next two years at the current level. A discussion followed regarding the excellence of the team's work. Next on the agenda was the Field Rep report (attached), given by Bill Jolly. The report included information on four chemical mixing centers at golf courses in Collier County. A colleague from Tallahassee, a representative from Department of Environmental Protection, and Bill will be in Collier County October 17, with a final inspection at the Wilderness Country Club. Bill advised that a Demonstration Day, coordinated through the Extension Service is needed. The role of the District is promotion; Tony and his agency can provide technical advice since the District is involved. It was decided that Rob will attend. Tony will contact Extension Service. Laurie was appointed to represent the District at Barefoot Beach Preserve on October 17 for review by a land management team, under HBlllg. Under old business was consideration and review of the responses to the NACD (National Association of Conservation Districts) survey. Tony suggested using these in development of a long-range plan. The information could be used at the next EQIP meeting to establish priority areas. Tony reported on the felican Bay MIL. There is considerable interest on the part of their representative and commitment to the project to satisfy DEP requirements. Tony's recommendation was to have an agreement with them to do the work required, probably over the next two years. Next on the agenda was the NACD Urban Conference in Columbus, Ohio. Rob felt that he could attend and save the District money by staying with his family, and that he was informed by Bill Jolly that the meeting was advisable and that Bill himself would be attending. Laurie stated that she was purchasing airline tickets and so could save the District airline fare. After some discussion, Rob moved that Laurie be. approved to attend the meeting and to approve the registration costs and hotel room for 4 nights, and the state per dlem rates for travel for meals. Sean seconded the motion and the motion was passed. Next considered was speech/poster contest. Bob Sirra pointed out that in the past there was no participation from the public school, only the home schooling group. Bill advised the board not to waste time on a speech contest. Laurie reported on her meeting at the CEEC (Collier Environmental Education Consortium), noting that it was their suggestion to write John Egana a letter regarding the speech contest. Scan suggested a letter to the Parent Teachers Association, in care of his mother, Linda Morton, who is involved with the PTA. Rob suggested a letter to her, to Bob Sirra, and to John Egana with information about the speech and poster contests. Sean so moved and Rob seconded the motion and the motion was passed. Laurie mentioned the Envirothon and the Consez-vancy's interest in it. Fund-raising was next on the agenda and Laurie provided an NACD car tag as a suggested fund-raising item. The next meeting date was set at the regularly scheduled 3rd Wednesday, November 19, 1997. The meeting was adjourned at 5:40 p.m. 1651 COLLIE~ SOIL & ~ATER CONSERV&TION DISTRICT Financial Re~ort Beginn£ng Balance Expenditures Salaries Employee taxes Insurance Office supplies Other supplies Postage MIL phone Checking acct. service chg Total Expenditures Plat Directories Interim Soil Surveys Sales tax Shipptn9 and handling Checking acct. interest 7/97 Total Receipts $66,783.92 3,933.00 300.90 273.00 231.93 66.97 100.00 57.57 1.20 $4,978.07 105.00 160.00 15.90 10.00 40.48 $ 331.38 ·ndfng balance ae o£ 8/31/97 16(31 SOIL & WATer CONS~TIONDISTRICT 9/x/97 - 9/30/97 BogLnning Balance Exoend£cures Salaries F~ployee taxes Insurance Office supplies Printing/advertising Postage Mastership dues MIL phone Plat Directory remittance Total Expenditures Plat Directories Interim Soil Surveys Sales tax Shipping & handling Checking acct. interest 8/97 Checking acct. interest 9/97 Total Receipts $$2,137.23 3,568.23 272.99 498.00 20.73 297.81 100.00 25.00 13.57 $ 4,985.33 175.00 160.00 15.90 15.00 38.77 444.87 · nding balance as o£ 9/30/97 $57,596.77 16Gl Naples Field Office OctoDer 7, 1997 Location IrrioationSvstema Desion Assistance *Topiary Creations 3 *Williams Farms 42 Circle M Farms 1000 Paul Grove 100 Conservation Plans Circle M Farms 1492 *W. Osment 80 ,Williams Far~s 100 *Topiary Creations 5 ~hemical Mixing Centers Assistance Wilderness Golf Course 1no. Pelican Bay lno. Sec. 30 Immokalee Immokalee ess Immokalee Port of I. Immokalee Sec. 30 Goodlette Rd. US 41 North Wetland Determinations W. Osment 80 Topiary Creations 5 Panther Island 577 Port of I. Sec. 30 Corkscrew -Training- Attended a session on Conservation Reserve Program which addresses water quality and wetlands in So. Florida. -SGGE- Completed installation of 26 water table wells and all of the vegetative community transects. Gainesville staff is currently working with survey consultant to begin survey work. -PCT- Attended the regular meeting of the Project Coordination Team which reviews all federally funded projects which is part of the Everglades cleanup initiative. All projects were reviewed and recommended for funding to the Working Group. -10,000 Islands NWR- Attended a public workshop for a long range plan. -~ Pr~ram~- Met with FW9 and CR~W~'rust to ~in an outll~e for promoting use of programs for wildlife and water quality improvement. District ~ervat ionist 1661 ' Un~ ~a~ Natural Re~urces Conservation Service 14700 Immokalee Rd. Naples, FL 34120 (941)455-4100 September 29,1997 Collier Soil and Water Conservation District Agriculture Center 14700 Immokalee Road Naples, FL 34120 Dear Sirs and Madam: Enclosed please find a summary report of the Mobile Irrigation I~aboratory evaluations performed by the Naples Field Office for the Fourth 0uarter of Fiscal Year 1997. If you have any questions concerning this report, please call us at {941) 455-4100. S i ngere ly Robert D. Beck MIL Team Leader 16{;1 Lower West Coast Mobile Irrigation Laboratory Quarterly Report Fourth Quarter, Fiscal Year 1997 Suly 1. 1997 through September 30, 1997 USDA Natural Resources Conservation Service Collier Soil and Water Comervafion District South Florida Water Management District N~. F! 3412O (941) 455-4100 ' The United Sca=es Department of Agrlcul£ure (USDA) prohibits discrimination In ice programs on the basis of race, color, na=~onal orig~n, sex, religion, age, disabilicy, pol~tical beliefs, and marital or familial sca=us. (Not all prohibited bases apply to all programs.) Persons wi~h disabilities who require alternative means of co~..unica=ion of program information (Braille, large prin~, audio tape, etc. ) should con~act ~he USDA's TARGET Cch=er at (202) 720- 2600 (voice and TDD). 16Gl Introduction The Fourth Quarter of Fiscal Year 1997, from July 1, 1997 through September 30, 1997 completes this tenth year of the Mobile Irrigation Lab (MIL) with the team at full staff strength. The MIL completed 27 evaluations during the fourth quarter; all 27 evaluations were agricultural, including 3 follow-up evaluations. These 27 evaluations brings the total for FY 97 to 70 agricultural, 20 urban, and 20 follow-up evaluations, which satisfies the goals of the MIL Agreement. The recently completed series of meetings with MIL staff from the other labs and the South Florida Water Management District(SFWMD) to prepare budgets for the Fiscal Years 1998-1999 Umbrella Agreement, has resulted in SFWMD approval of funding of all existing MIL's at the current funding level. The Naples Field Office submitted a proposal to establish a new Urban Mobile Lab, funded by, and targeting the Pelican Bay communities. The new lab would be staffed by the CSWCD, and will be a key element in the effort to rectify the environmental problems in the Clam Bay ecosystem attributed to the Pelican Bay developments. The MIL staff looks forward to another two years of providing valuable assistance to area growers and residents in the wise use of water for irrigation while conserving this irreplaceable natural resource. 16al Mobile Irrigation Laboratory Quarterly Report Naples Field Office Fourth Quarter FY 1997 July I to September 30, 1997 This report covers the fourth quarter of Fiscal Year 1997, July I through September 30, 1997. Following is a table summarizing evaluations completed for the current quarter. During the quarter 27 evaluations were completed, all 27 were agricultural, of which 3 were agricultural follow-ups, encompassing approximately 837 acres. The Actual Water Savings of 129.9 million gallons (398.69 ac-ft) are based on follow-up evaluations performed on 175 acres of irrigated land. The Potential Water Savings are estimated at 82.2 million gallons (252.23 ac-ft) on 662 acres of irrigated land. Number System Crop of Uniformity Tvp~e T~De Evaluations Ranqe Acre- Spray Citrus 23 45-89 461.0 Drip Citrus 4 59-67 375.0 Following is a list of common factors that were encountered which limited the efficiency of the systems evaluated. Broken or leaking pipes. Clogged sprinklers or emitters. System pressure below manufacturer's recommendations. Poor Emission Uniformity. Mixed sprinklers, nozzles, or emitters. Additional Activities of the Naples Field Office MIL Staff Fourth Quarter FY 1997 July MIL staff prepared final draft for the Proposed Pelican Bay Urban MII~ Scope of Work. MIL staff revised Evaluation Data Worksheets. MIL staff continued to work with the Committee to Standardize MIL Reporting. August MIL staff b~gan irrigation water management project w~th local grower. Water table monitoring will be data-logged in semi-closed seepage irrigated crop fields undergoing conversion to citrus. Equipment loan requests have been submitted to SFWMD. - MIL staff prepared exhibit and attended the Southwest Florida Citrus Expo at the Lee Civic Center in Ft Meyers. · September MIL staff created Climatological Data spreadsheet and charts to provide analysis of monthly rainfall and evapotranspiration data collected by U. of Fla.,I.F.A.S. in Immokalee. - MIL staff began creating new trickle system evaluation program to provide for individualization in preparing evaluation reports. MIL staff requested interview from Naples Daily News, no response yet. - MIb staff requested interview from Citrus Industry magazine editor. The editor expressed interest in a feature article. ::::::::::::::::::::::::::: ~s . ......... ~I -----------------------o K~Y TO REPORT 1. Broken or leaking sprinklers or emitters. 2. Broken or leaking pipes. 3. Clogged sprinklers or emitters. 4. System pressure below manufacturer's recommendations. 5. Clogged filter. 6. Obstructed sprinklers. ?. Different pressures between manifolds. 8. Poor Emission Uniformity. 9. Poor Distribution Uniformity. 10. Improper spacing of sprinklers or poor coverage. 11. Pressure gauge not working. 12. Excessive pavement overflow. 13. Mixed sprinklers, nozzles, or emitters / unmatched precipitation. 14. Valves not functioning properly. 15. Excessive mainline or sub-main pressure loss. 16. Excessive lateral pressure loss. 17. Small irrigated area. 18. Excessive irrigation overflow. 19. Irrigating plant beds with turf areas. 20. I~ack of rain shut-off device. Recc, a~endations 1. l~pair or replace broken sprinklers or emitters. 2. R~pair broken or leaking pipes. 3. Flush lines and clean filters more often, clean or replace clogged nozzles or emitters. 16Gl 4. Irrigate smaller or fewer zones, increase input pressure, or increase pipe size. 5. Flush filter more often, or install appropriate type of filter. 6. Elevate or move sprinklers, or remove obstruction. 7. Adjust pressures with valves or regulators. 8. Redesign ,prinkler spacing and location. 9. Replace or install pressure gauges. 10. Check system design and utilize proper sprinklers, nozzles, or emitters. 11. Repair or replace control valves. 12. Use appropriate irrigation schedule. 13. Redesign system. 14. Adjust sprinklers and cap unnecessary sprinklers. 15. Install rainfall shut-off device. ~llow-uo Reouirements 1. Not necessary. 2. Review and evaluate recommendations through computer modeling. Document changes implemented by cooperator. A redesign may b~ needed in accordance with NRCS standards and specifications. ]. ~e-evaluate system in the field after recommendations have been implemented. NOTE: Evaluation and/or design may involve private consultants in cooperation with USDA NRCS. 2 Holopaw fine sand, limestone substratum 3 Malabar fine sand 4 Chobee, limestone substratum and Dania muck, depressional 6 Riviera, limestone substratum-Copeland fine sand 7 I~¥~kalee fine sand 8 Myakka fine sand 10 Oldsmar fine sand, limestone substratum 11 Hall~ndale fine sand 14 Pineda fine sand, limestone substratum 15 Pomello fine sand 16 Oldsmar fine sand 17 Bassinger fine sand 18 Riviera fine sand, limestone substratum 20 Ft. Drum and Malabar high fine sand 21 Bcx:a fine sand 22 Chobee, Winder and Gator soils, depressional 23 Holopaw and Okeelanta soils, depressional 25 Boca, Riviera, limestone substratum and Copeland fs, depressions1 27 Holopaw fine sand 28 Pineda and Riviera fine sand 29 Wabasso fine sand 31 Hilolo limestone substratum, Jupiter and Margate soils 32 Urban Land 33 Urban Land, Holopaw Basinger complex 34 Urban Land, Immokalee Oldsmar limestone substratum complex 35 Urban Land, Acluents complex organic substratum Udorthents shaped 37 Tuscawtlla fine sand Urban Land, Matlacha limestone substratum Boca complex 39 Satellite fine sand 40 Durbin and Wulfert mucks 4! Urban land, Satellite complex 42 Canaveral beaches association 43 Winder, Riviera, limestone substrtm and Chobee soils, depressional 45 Paola fine sand (1-a percent slopes) 48 Pennsucco soil (marl prairie) 49 Hallandale and Boca fine sand (slough) 50 Ochopee fine sandy loam, prairie (marl) 51 Ochopee fine sandy loam 52 Eesson ~uck0 frequently flooded 53 Estero and Peckish soils, frequently flooded 54 Jupiter Boca coe4~lex S6 Bassinger fine sand, occasionally flooded 1661 2 4 5 6 '7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 22 24 :25 26 :2? :28 29 34 36 39 40 41 42 4.1 44 45 48 49 50 51 55 56 5'7 59 61 62 $3 64 Canaveral fine oand Canaveral-Urban Land complex CapCiva fine sand Hallandale fine sand Matlacha-Urban Land complex Hallandale fine sand, tidal EauGallie sand Pompano fine sand Myakka fine sand Pelda fine sand Boca fine sand Valkaria fine sand Estero muck Peckish mucky fine sand Daytona sand Matlacha gravelly fine sand, limestone substratum Gator muck Terra Ceia muck Beaches Wulfart muck Kesson fine sand St. Augustine sand, organic substratum-Urban land complex Pineda fine sand Pompano fine sand, depressional Immokalee sand Punts fine sand Oldsmar sand Malabar fine sand Wabasso sand Immokalee-Urban land complex Satellite fine sand Isles fine sand, slough Isles fine sand, depressions1 Anclote sand, depressional Valkaria fine sand, depressional Wabasso sand, limestone substratum Smyrna fine sand Malabar fine sand, depressional Copeland sandy loam, depressional St. Augustine sand Feida fine sand, depressional Oid~ar fine sand, li~estone substratum Floridana sand, depressionai Myakka fine sand, depressional Coca fine sand Isles muck Boca fine sand, tidal Urban land Orstno fine land #tnd~r san~, depressional Malabar fine sand, high Hmllandale-Urban land complex 66 67 69 70 72 74 75 76 77 78 L~ ~ BOZ~ LF~F~D continued Caloosa fine sand Smyrna-Urban land complex Matlacha gravelly fine sand Heights fine sand Bradenton fine sand Pineda fine sand, depressions1 Boca fine sand, slough Hallandale fine sand, slough Electra fine sand Pineda fine sand, limestone substratum Chobee ~Jck 16Gl .& Florida l)rparln.'nl of ^[riruhure & Consumer Servire,~ B()B CRAWFOR I). (:.mmissioner CURRE~ PROJECTS AND ACTIVITIES Wdham Joll7 - Oclobet 1997 ~i¢ll Miz Load Ct. men Project MattaSet fo~ ~ K. parate slruc~ures located m three counties Funds derived from 310 Want sssued to DEP and FDACS Pamcipatmg SWCD's wdl receive a management fee fo~ offering techmcal services Lend MsatEemem Law, lib ! ! 19 Lutsen between SFWIvID and the SWCD's to facd~e tr~sf~ ~ ~n~ly ~d~ ~tr ~~ ~ a~hural Voluntary Retrefit of Open, Uncaged Agricultural Wells EPA gram to cap ~urhce welLs m the Homes;earl area South D~de SWCD will be a manastr ofprojoc:x with my assrl~ance Agrkultur~J Permit Streamlining between a~ntultmll prcxlucers ~d reguLsto., General Dmies Atlmd ~ report oa SWCD, SFWMD ar~ other meeOns~ d~ pertain to distticu aad Cemmieee member of the Biscayne National Park Land Trust Working Crroup. Committee m~mber of SFNVMD Exotic Plato Pest Cota~il. TILE; CAPITOL ' TALL,AIIA~F.~ Gar L Mo ,r, P.A. 10300 Northtuest Elet~th Manos Coral Springs. Florkia 33071 (9M) 75~0380 1997 M~mor~_~m To: O.~rk of th~ C'ir~t Court Financ~ Dep~ do 'Hmothy J. Oillett P.O. B~ 418016 Ns~i:~, ~ 34112..3016 (~v~nm~tal C~nt~r 3~1Ea~ Tamiami Trail Adadnbt~tive aldg, ~ Floor Napl~, Florida 34112 , FILE: Reference: Minutes of Me, tings held April 3, April 4, April 10, April 21, June 9, Ju~e 18, June 23, August 18 and August 19, 1997 From: Gary L. Moy~r Manager Endoeecl for your records are copies of the minutes of the meeting held by the Board of Supervisors of Heritage Greens Co_mmunity Development District (formerly Dove Potnte C.D.D.) u referenced above. GLM/nk Mis~ Corres: Item# [~.~' ' 1_ 6G1 '' MINUTES OF ~G COMMUNITY DEVI~OPMENT D~CT The recessed meeting of the Board of Supervisors of the Heritage Greens CommLLflJty Development District held on Monday, August 18, 1997 at 9:00 A.M. wan reconvened on Tuesday, August 19, 1997, at 9:00 A.M. at 27'/ N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Charles F. Bailey Peter Comeau Ralph Klass Also present were: Chairman Supervisor Supervisor (By Telephone) Supervisor (By Telephone) James P. Ward Bruce Anderson Jack McKenna District Staff Attorney Engineer FIRST ORDER OF BUSINESS Roll Call .Mr. Reinders called the meeting to order at 9:00 A.M. and stated the record will reflect that all Supervisors are present with the exception of Mr. Harris. SEi~ND ORDEII OF BLISINI/ISS Approval o/the Minutes o/the July 30, Mr. Ward stated item 2 on your agenda is the approval of the minutes of the July 30th 1997 meeLing. You have previously been distr/buted a copy. If there are any additions, corrections or deletions, it would be appropriate at this time to so indicate, otherv~se., a motion for their approval would be in order. Mr. Anderson stated I not/ced an error on page 5 of the minutes. Under the Eng/neer's Report, they quoted Mr. McAn]y and I think it should be Mr. McKenna. Mr. Ward asked are there any other changes to the minutes? Mr..l.l.l.l~nders. stated hear~ noner I call for approval of the Minutes. ]On MOTION by Mr. Comeau seconde"ci by Mr. Bailey] [with all in favor the Minutes of the July 30, 1997 Meeting] lwere approved as ,.a.~ended. .,, Au~mst 19, 1997 16Gl ~ OItDER OF' BUSL'VESS Puhitc Hmlring on th~ Adoption o/' the Budl, et for Fiscal Year 1S~-98 and A/reement Mr. Ward stated item 3 on your agenda is the public hearing relative to the adoption of your Budget for Fiscal Year 1997-98 and to consider the Funding A~reement with the Developer in order to fund both the debt service and the operations for Heritage Greens for 1998. Let me go through with you the General Fund Budget. At your last meeting we had some discussion relative to lowering budget items for both your engineering and legal fees to a $10,000.00 line item for each of the respective fees. That was accomplished in the revised Budget that we sent to you. It has a total Budget of $94,250.00 for 1998. It will be funded by a Developer's A~'eement, therefore, there will no assessments on the tax roils for 1997-1998, therefore, there are no other fees and charges relative to the collection of those assessments. Mr. Reinders stated I apologize for not catching it sooner but I believe that the minutes of the meetin~ of July 30th reflected our approval of lowering the Lei/a[ Budi~et from $20,000 00 to $15,000.00 and Engineering from $20,000.00 to $I0,000.00. I refer you to pa~e 11 of the minutes just above the motion. Mr. Ward stated we will make that revision for Le~/a[ to $15,000.00 and that will bring the Budget to $99.2,50.00 rather than $94,250.00. On the Debt Service Fund Budget, first what I would like to do is call your attention to what we call the Statement of Revem~es, Expenditures and Changes in Fund Balance. That is essentially an income statement in the private sector for the current fiscal year. What that shows you for the purposes of your Debt Service Fund, which is the fund that accounts for the bond proceeds that you received and carry the Reserve Account and the Capitalized Interest Funds for this particular bond issue and any interest income associated with those funds, it accounts for any principal prepayments which you may receive or assessments which you may levy in Heritage Greens for the retirement of that debt, and then finally the interest expense associated with those bonds for the current fiscal year. You will note on the bottom of that sheet we have a net income of about $1.1 million. What that essentially reflects is that you received your bond proceeds again which encompass your Reserve Account ~,nd your Capitalized Interest Account, some interest income and payment of the interest expense due on the bonds for the current fiscal year. If you go further down on the sheet, you will notice we have a line which is what we call Reserved for Debt Service (All Years). That is the 2 16Gl : August 19, 1997 amount of money that is set aside in the l~serve Account for payment of debt service on these bonds through the life of the bond issue itself. That is $600,000.00. Due to our fiscal year timing being October 1st through September 30th, we need to reserve the amount of funds necessary to pay the November 1, 1998 payment of $247,500.00. That leaves us with what we call an Unappropriated Fund Balance of $266,158.00. That is the amount of money that you will be able to carry forward into your Budget for Fiscal Year 1998 in order to make Debt service payments during that year. Mr. Reinders asked is that number supposed to be the balance of $247,500.00 Mr. Ward replied no, it is the $I,100,000.00 less the $600,000.00, then the $247,000.00. If you turn back one page to what is called the Debt Service Fund Appropriations section, that shows you the amount of principal and interest due on your bonds for Fiscal Year 1998. There is no principal debt retirement due. You have an interest payment due on November 1, 1997 and May 1, 1998 in the amount of $247,500.00 each for a total of $495,000.00. Since we will not be levying assessments for Heritage Greens for 1998, there are no Other Fees and Charges associated with it. Going back one more page, it shows you how we calculated the interest income associated with your Reserve Account, the $600,000.00 and the anticipated interest income earned on the Capitalized Interest Account so we have about $55,000.00 in interest income. Back one more page is the summary of your Debt Service Fund Budget. Taking the amount of cash we have available on October 1st 1997 of $266,158.00 plus your interest income less your anticipated appropriations, which in this case are fixed interest expense of $495,000.00, leaves a developer contribution for this particular fund of $173,842.00 for next year. With that amount of money it will fund the November 1, 1998 payment of $247,500.00. Also attached to your Budget is the Debt Service Schedule for the Series 1997 Bonds. That was prepared by the Underwriter for this issue. If you have any questions relative to your proposed Budget, I will be glad to answer them. $1r. Reinders asked on the Developer contribution, when would you expect to receive that? Mr. Ward replied as long aa we have received it before the end of the 5scal year, September 30 of 1998 as it relates to debt service. That would be the last possible date. Mr. Reinders asked are there other questions or comments on the proposed Budget for Fiscal Year 19987 3 August 19, 1997 1 6Gl Mr. Comeau responded I have no questions. Mr. Reinders stated I declare this meeting open to the public for the purposes of comment and discussion. I note there are no members of the general public present. Is there any other discussion from staff or others? Mr. Bailey asked do I understand from tho last meeting that if it was required or if expenses exceeded what we had budgeted, we were required to call another meeting? Mr. Ward replied it is before expenses exceed the Budget that you have to call another meeting and amend your Budget and in this case amend your Developer's Funding Agreement Mr. Bailey stated I see that we have a contingency under the Administrative fees but not under the Professional Fees. Mr. Ward stated that is true. Mr. Reinders stated we had a discussion at our last meeting. The sentiment as expressed by the Developer was that they wanted to budget as tightly as possible recognizing we may run some risk of having to call additional meetings and review this. Nonetheless the feeling was that expenses tend to grow to meet the amount allocated thereto. Alter some discussion, we arrived at these proposed numbers. Whether they will prove to be totally adequate or not, at least it would appear that they should be sufficient. There is a vehicle to increase them and adjust them if and as necessary. We will have to watch them and I am sure that our Manager will alert us to any anticipated or projected shortfalls in a timely manner so as to permit us to respond accordingly. With that, I will entertain a motion to close the public hearing. On MOTION by Mr. Bailey seconded by Mr. Comeaul with all in favor the public hearin~ was closed. I Mr. Ward stated we will now need a motion to adopt Resolution 97-9 which by title is: A RESOLUTION ADOPTING THE FINAL BUDGET OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 1997-98. Mr. Reinders asked do I have a motion to that effect? On ,MOTION b~: Mr. Comedu seconded by Mr. Bailey[ with all in fayor Resolution 97-9 was adopted. I August 19, 1997 Mr. Ward stated the final motion would be a motion to approve the Agreement between Heritage Greens Community Development District and Heritage Greens Developments Limited Partnership in order to fund your Budget that you just approved. lOn MOTION bY Mr. Bailey seconded by Mr. ComeaU[ with all in favor the Developer Funding Agreement was[ approved. FOURTH ORDER OF B~ Staff Relxn'ts A. Attorney Mr. Anderson stated at the last meeting I distributed a draft of an Operation and Maintenance Agreement between the District and the homeowners association. Is there a desire to approve that for this fiscal year and are there any questions? Mr. Reinders stated I have one question. The second "WHEREAS' prevision which reads in draft form, "WHEREAS for ease of administration, potential cost savings and for the benefit of full time on site operation and maintenance purposes,' could we simply say, "WHEREAS, the District desires to contract with the Association'? Do we really want to suggest that the Association necessarily is that much better at these things than this District is? Is that consistent with our overall philosophy of Community Development Districts? Mr. Ward stated i tend to think it should be struck. Mr. Reinders stated I am going to suggest that if it doesn't otherwise affect the Agreement that we eliminate that clause. Are there any other comments or discussion on this proposed Community Development District Systems and Facilities Operation and Maintenance Agreement? If not, I would entertain a motion for approval of this Agreement and to authorize me on behalf of the District to execute such Agreement with the Association. On MOTION by Mr. Bailey seconded by Mr. Kiass with all in favor the Community Development District Systems and Facilities Operation and Maintenance Agreement was approved with the proposed change and the Chairman was authorized to execute the Agreemenl on behalf of the District. 5 ................ [[[ [[[[ - 7 - f ..... If .................. Illllll[ Aunt 19, 1997 Mr. Anderson stated the next item perhaps should come up under Engineer's Report. The District needs to give some formal acceptance for utility facilities and also in turn authorize those utility facilities to be conveyed to Collier County and I will leave it up to Mr. McKenna to elaborate on that. Mr. Reinders asked did we not address this in part at our last meeting to the effect that once Counsel was satisfied with the fo~,~ of conveyance agreements that I was authorized to sign those? Mr. Ward replied yes. Mr. Reinders stated that being the case, if you have them, I will go ahead and execute them. If anybody has any questions or comments, I will entertain them. If not, we will move to the next item of business. Mr. McKenna stated I do have those documents. The items include the Dedication, the Bill of Sale, Warranty Deed, an Easement and Owner's Affidavit. They have been re~'iewed by your Counsel. In addition, I need to get a signature on part of the Environmental Protection permit, the main extension. At our last meeting there was a request for review of change orders. Subsequent to that I have prepared a master spread sheet and forwarded that to Randy White at our Manager's office. I am prepared to address line by line those items if you would like and I ask your direction as to how you would like to go about that. Mr. Reinders stated I think it might be appropriate to briefly go down the list and then if we have questions, we will address each one. Why don't we start with the base contract which as I recall is $1,315,000 plus small change. Do you want to begin with Change Order No. 17 },Ir. McKenna stated the contract price was $1,314,514.00. The first change order was for an increase of $825,000.00 to provide fill to the residential areas to bring those areas up to the road grade. Mr. Reinders asked did you want to revisit the logic or thinking or status of that? After Mr. McKenna briefly summarizes each one, I thought I would just go around the table and then if you want more background detail or rationalization for them, we will do it. If not, we w,ll move forward to the next one. Do we have questions or comments on Change Order No. I in the amount of $825,000.007 If not, Change Order No. 2. Mr. McKenna stated the second change order we have is for $7,857.00. This is a decrease change order that was a result of ~me modifications to the sanitary August 19, 1997 1 6G1 collection system. The County rules and regulations had changed to allow dual services on one sewer lateral and it was probably the largest of those modifications. There were some minor changes associated with drainage that were made for resubmittal of plans to the County. Mr. Reinders asked are there any questions? Nt,~ber 3. Mr. McKenna stated Change Order No. 3 was an increase in the contract price for $43,043.70. This was the residential portion of the shared drainage. You may recall that within the golf course area there is some storm water drainage infrastructure that had a shared benefit associated with it and this is a change order to increase the contract to move the value of that infrastructure into the C.D.D. contract from the golf course contract. Mr. Bailey asked is that the drainage ditch to the east? Mr, McKenna replied no, this is a concrete pipe and infrastructure. Within the bond issue there was a map and methodology that set out the apportionment of that drainage based on the benefit received. In summary it was the drainage that was put in necessitated by the fact that there was a golf course. There was the benefit to the golf course, that which was really serving the residential area was benefiting the residential, and then there was some portion which was actually shared. Mr. Reinders stated to reiterate on something that was touched on at our last meeting, certainly as to Change Orders 1 and 3 being the more significant of the three that we have discussed, these were change orders that in effect were always anticipated. In other words, they were consistent with our original methodology, they were built into our original budgets. This was more administrative to adjust our contract after its initial advertisement and letting of contract to where we always knew we would be in any event. Number 4. Mr. McKenna stated Number 4 is a change order for an increase of $39,249.00 that is for survey work that was added to the Bonness contract. These are services that may have been provided by any vendor. The cheapest price was through the Bonness contract. Mr. Reinders stated these were survey services related to what aspect of the work? Mr. McKenna replied to stake out sanitary storm water, conduits, right-of- way, curb and limer~:k Mr. Reinders stated again, cost not unanticipated. We might originally have assumed that those would have been for example provided through Agnolli, 7 August 19, 1997 Barber but based on proposals or assessment of cost, we felt that this was the most economical way to go. Mr. McKenna stated the next change order, which is number $, does involve the canal along the east property line. That was an increase of $39,945.00 and to mitigate that cost, there was fill which benefited the C.D.D. This canal along the east property line will serve as the eventual out/all for the project for all storm water. At some time in the future, the current out/all, which is the northeast portion of the project, will be bricked up and all storm water will go to the southeast. Construction of this canal was consistent with requests from South Florida Water Management District and Collier County. Mr. Bailey asked is that shared by the adjacent land? Mr. ,McKenna replied no it is not. Mr. Reinders stated Change Order No. 6. Mr. FlcKenna stated number 6 is a decrease of $42,383.25. This is to omit the sidewalk from the contract. We have had some discussion. During construction it is typical that the sidewalk gets damaged through heavy traffic, concrete trucks and so forth and it is the purpose of this change order to take the sidewalk out of the contract and it would then be constructed as each unit is construct, ed so as to avoid damage because once it is damaged, it has to be pulled out and replaced prior to acceptance by Collier County. Fir. Reinders stated those costs will be borne by the respective builders pursuant to whatever inter-agreements they may have in the community and we have comfort that our District will have sidewalks and that ultimately they are not going to get permits or C.O.'s until these sidewalks go in. Mr. McKenna stated that is correct. Fir. Reinders asked is there any further comment on number 6? If not, we will move on. W~.at else do you have? Mr. McKenna stated Change Order No. 7 is to increase the bonding costs in accordance with the adjusted contract amount. That is an increase of $8,970.00. Change Order No. 8 is an increase of $14,928.00. This involves some modification to drainage around Lake No. 11. There is some modification in the shape of that lake to ease in maintenance and aesthetics that is involved with the addition of some drainage infrastructure as well as blasting and excavation and also $148.00 for additional bonding costs. Change Order No, 9 is an increase of $4,408.00. The content of this change order is to change the size of the water line within Crestview from six inches to eight-inch PVC. Collier County has a requirement 8 August 19, 199'~ 1 6G! ', that multi.family be serviced by an eight-inch water main regardless of flow calculations or the engineering need for it. It is a fixed rule and we need to modify our plans accordingly. Change Order No. 10 involves street and canal crossing conduits for FP&L and provisions for the FP&L pole line and easements along the eastern property line. This change order is an increase in the amount of $39,999.01. This is work along the eastern property line, stabilizing the slopes and providing conduits and additional bonding costs. Mr. Reinders stated we have ten change orders. Do you have any discussion, comments or questions with respect to any of those current ten change orders? May I ask if they have all been reviewed and approved by the Engineer? Mr. ?,lcKenna replied yes they have. Air. Reinders asked have they all been duly executed at this point? Mr. McKenna replied I have executed them and they have been forwarded to our ~lanager's once. lqr. Reinders asked do we need any rati/~cation as a matter of form? ?,Ir. Ward replied you have approved Change Orders Nos. I through 6 but as a matter of Board policy, you need to approve Change Orders Nos. 7 through 10. l~Ir. Reinders stated I would therefore appreciate ratification or approval by the Supervisors of Change Orders Nos. 7, 8, 9 and 10. On MOTION by ~,tr. Bailey second, ed by Mr. Klass withI all in favor Change Orders Nos. ~, 8, 9 and 10 to the[ ness o U'act were , i roved. Mr. Reinders asked what does that give us as a total revised contract ?,Ir. Comeau asked could Mr. ~icKenna put together for me a packet of the material that he has presented today so that I may pick it up? Mr. Reinder~ asked are you speaking of copies of these ten change orders? Mr. Comeau replied the change orders and I know he is going to present a status report of where everything was today. bit. AicKenna stated I wilt do that. The total contract price through Change Order No. 10 is $2,279,817.11. Mr. Reinders asked how does that compare to our original construction fund? Mr. McKerma replied the original construction fund was for ~3,366,000.00 9 August 19, 199'7 Mr. Reinders sta~d in other words, we would appear to be in fairly good shape. Mr. Ward stated I am not sure I know the answer to that question. I think the Engineer needs to provide a detailed estimate which I have been asking for relative to this whole project. We have a budget amount that was contained in the Engineer's Report, when we did the bond issue. I have a financial report ready for you with respect to the current contract through Change Order No. 8. I need to add the other two change orders that you just approved. The part that is missing that I do not know is based upon the contracts that you have executed. What is the balance of the work remaining to be done and the estimate of that work? I don't think you can say at this point the answer to that question because I need to know from the Engineer what the balance of the work actually is and what the cost estimates are for the balance of that work. Then we can provide that to you. Mr. Reinders stated it seems to me what we are saying iz we are looking at a contract sum currently of $2,280,000.00 in round numbers. We know that we are going to have presented to us some additional change orders for our consideration, not t~ my knowledge particularly significant in terms of overall dollars, and one might assume some kind of contingency in terms of completion although I think the work is very well advanced at this point. I think most of this is flushed out and I wouldn't look for too much in that regard. The major item of which I am aware is that there is a Second Acquisition Agreement between the District and the Developer which I assume would hit the construction fund which, if memory serves, is in the approximate amount of $400,000.00. I don't know that you have necessarily seen that, Mr. McKenna, because that was handled separately through this Board and the Developer and with the assistance of Mr. Anderson but we should keep that particular item in mind as it is rather significant. It' we have our total through number 10, if we know where we end up today in terms of any other discussion, if we provide some modest contingency and if we pick up that Second Acquisition Agreement, is there anything else that we need to be generally aware of for purposes of completing this overall comparison of projected costs to Budget? I am not aware of anything. Mr, Bailey asked do we know where we stand relative to the fill requirements? Are there any surprises? Mr. McKenna replied at this point, I see no problem. We are consistent with the original estimates of fill. If I could speak to the statement that Mr. Ward August 19, 1997 16G1 made, you probably haven't had the chance to review this yet but I forwarded to Randy White at your office this master spread sheet that goes line by line through the contract and compares that to the original bond issue numbers which is what I understood was needed here. I also gave it to him in disk form if it is helpful. I did not include the $400,000.00 because I wasn't aware of that figure but it is looking at the total contract to date. Sir. Ward stated that is not wha: my question was. My question was that we deposited roughly $4.4 million in the construction account on the day that we did the bond issue and from the $4.4 million we paid about $850,000.00 to Ronto for the acquisition, you have a contract of roughly $2.3 million and according to our calculations internally we have roughly $740,000.00 in unidentified future projects of the bond issue. That is exclusive of Change Orders Nos. 9 and 10 and the balance due on the Second Acquisition Agreement, so you are getting to the point now of running out so-to-speak of construction dollars, so my question is, have you done the estimates on the balance of the construction remaining in Heritage Greens so we can put it into this financial report so I can provide to the Board exactly where they are in relation to this bond issue. I know where we are in relation ko the Bonness contract, that is easy. ~Vhat I don't know is how much construction you have left in Heritage Greens and what is the budget for that over and above the Bonness contract and the acquisition agreements and the repayments and everything else. Sir. McKenna stated the only items I could think of would be FP&L. What was included in the $400,000,007 Mr. Reinders stated that was basically the work to the perimeters, be they landscape fountains or walls. Mr. McKenna stated I understand your point now Sir. Ward. ~,Vhat you are referring to is street lighting, FP&L and the other items that were in there in addition to the Bonness contract. Mr. Bailey asked is landscaping separate? Mr. Reinders replied yes although I think the only landscaping was in that Second Acquisition Agreement. I don't know that we have other landscaping in there but let's leave it on the basis that having acted on Change Orders Nos. 1 through 10, having whatever discussion we have here today related to change orders, then you can go back and if you need a copy of that Second Acquisition Agreement, Mr. Anderson's office can provide it to you and then review your other line items and then let's see if we have additional costs to address in all of 11 August 19, 1997 16Gl that. After future discussions of change orders and a little bit of contingency and addressing this Second Acquisition Agreement, I think we are looking at around $600,000.00 against which we will have some other items which are contained outside the Bormess contract. Whatever results from that results from that. It should probably be something close to the maxim,~rn reimbursement still to go to the Developer under the first Acquisition Agreement if and to the extent funds are available. That was always our ultimate contingency that was projected ff I recall correctly at about $550,000.00. It sounds to me that we are fairly dose. With that said, what else do we have? C. Mnn~ger There not being any, the next item followed. FIFTH ORDER OF B~ Supervisors Requests and Audience Mr. Reinders asked are there any requests from our Supervisors? Mr. McKenna, we had some proposed change orders we were going to discuss and act on in a little more detail being basically the allocation of the rip rap and maybe some discussion of the survey related to the lake as-builts and stake-outs. Mr. McKenna stated ! will try to speak to those change orders although I don't have a copy. Mr. Reinders stated we touched on them briefly at the last meeting. We know for example that we have a change order with Bonness, not this District, but the Heritage Greens Golf Enterprises, for fifty-six thousand dollars and change related to the provision of rip rap around lake banks done primarily for aesthetic purposes. Mr. McKenna stated for stabilization purposes. There is rip rap and also sod which is needed to stabilize lake banks to minimize maintenance in the future and that cost of the stabilization was apportioned to the C.D.D. and to the golf course based upon the original excavation as that was thought to be a rational method of distributing that cost. It was roughly a 50-50 split, calculated based on the need of fill by each entity and therefore where that material was going and the benefit received. Mr. Reinders stated it is actually roughly a 41-59 percent split, 41 to the District as I recall. While we don't have the detailed numbers in front of us, we have asked the Engineer to look at it, it has been analyzed, we know what the AurAr 19, 1997 16Gl sums involved with Bonness are, we have applied a consistent percentage ratio as to the method we used to allocate the earthwork in the first place for the purposes of wrapping up our paperwork, getting our change orders done, running up our totals so that we can do our comparisons and finalize this and what I would like is a motion authorizing me to enter into a change order to allocate these rip rap and sod costs consistent with the Engineer's prior analysis generally discussed here so that we can move this forward. Do I have such a motion? On MOTION by Mr. Bailey seconded by Mr. Reinders! with all in favor Change Order No. 11 was approved and[ the Chairman was authorized to execute same. I SIXTH ORDER OF BUSINIi:SS Consideration of Funding Request No. 7 Mr. Reinders asked are there any questions on Funding Request No. 7 in the amount of $4,085.90 being $560.31 Legal, our standard August fee to Moyer, P.A. of $3,448.49 and fax and publication fees? IOn MOTION bY Mr. Klass seconded by Mr. Bailey withJ Jail in favor Funding Request No. 7 in the amount ofl 154,085.90 was a~proved Mr. Reinders asked is there anything else from the Manager? Mr. Ward replied no. Mr. Reinders stated if there is nothing further, I will entertain a motion to adjourn. On MOTION I~y Mr. Bailey seconded by Mr. Klass withl all in favor the me,e, tin~ was adjourned at 9:50 A.M. I Chairman Tuesday 9:00 A.M. Continued from Monday August 18, o 6. ?. 8. AGENDA HEPAT~ ~ CObtMUN1TY DEVELO~ DISTRICT 277 N. CoLlier Boulevard Marco Island, Florida 1997 Roll Call Approval of the Minutes of the July 30, 1997 Meeting Public Hearing on the Adoption of the Budget for Fiscal Year 199%98 and Consideration of Developer Funding Agreement Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Consideration of Funding Requests 7 Other Business Adjournment 1661 RESOLUTION 97-9 A ~LLrTION ADOPTING THE FINAL BUDGET OF THE HERITAGE GREENS COMMUNITY DEVELO~ DISTRICT FOR FISCAL YEAR 1997- Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed Budget for the ensuing fiscal year. and WHEREAS, a public hearing has been held on this 18th day of August, 1997, at which member~ of the general public were accorded the opportunity to speak prior to the adoption of the final budget; NOW, THEREFORE, BE IT RESOL~ BY THE BOARD OF I~UI~:RVI~)RS OF THE ~AGE GHEENS COI~LMI/NI'I'Y DEVELOPMENT DISTRICt, I. The proposed Budget heretofore submitted to and approved by the Board is hereby adopted as the final Budget of the District for Fiscal Year 1997-98. 2. A verified copy of said final Budget shall be attached as an exhibit to this Resolution in the District's 'Official Record of Proceedings". Adopted this 18th day of April. 1998. Jame4 ReindersJ 16 1 THIS AGREEMENT, made and entered into this 18th day of Au~mst 1997 by and b~tween: Heritage Greens Community Development District, a public corporation cr~ated pursus~nt to Chapter 190, Florida Statutes, and Heritage Greens Developments Limited Partnership, hereinafter re/hrr~l to ss Dewlo~ WIT and NESSETH: the Developer owns the majority of all lands within the District; WHEREAS, the District pursuant to the responsibilities and authorities vested in it by Chapter 190 F.S., desires to proceed with the discharge of its duties to include administrative, legal, and the preparation of certain plans and specifications for the Water Management, roadways and water distribution and wastewater collection facilities, hereinafter referred to as capital improvements; and WHEREAS, the Developer recognizes that in so discharging said duties and responsibilities, certain benefits will accrue to the land; and WHEREAS, the Developer is agreeable to funding the operations of the District as called for in the Budget, approved by the Board of Supervisors, which is attached and made a part hereof as Exhibit "A~ said budget covering the fiscal year 1998; NOW, THEREFORE, based upon good and valuable consideration and mutual covenants of the parties hereinafter recited, it is agreed as follows; 1. Developer agrees to make available to the District the moneys necessary for the operation of the District as called for in the Budget, shown as Exhibit "A~. monthly, within fifteen (15) days written request by the District. The funds shall be placed in the District's General checking account in Broward County. The parties hereto recognize ttmt a portion of the aforereferenced operating expenses are required in support of the District's effort to implement its capital improvements program which are to be financed in the form of note(s), bond(s) or ............... "m ........... II IIII I ...... IIII II 16Gl Futur~ developer advances and as such may be considered to b~ reimbursable · xp~n~i. Th~ ~~ ~ ~t u~n ~e iHu~ o~ i~ ~s) or ~n~) ~t ~ ~ ~ ~cluded ~ amour s~ent ~ reimbu~e ~e Developer for a potion of th~ advances made pursuant W this agreement and such ~~ment ~ ~ md~ ~ t~gy (30) days of r~ei~ng ~ p~ee~ of th~ no~(s) or ~nd(s). ~e advances ~de pursuant w ~s a~eement ~d ~~ment of ~me ~H not ~clude ~y in~st ~a~e sin~ it is ~pa~d ~t ~ ~s~ ~1 p~ ~ a ~mely fas~on w ob~n i~ no~s) or ~nd(s). Heritage Greens Community De~ment ~std~ ~~ ~airman / Heritage Greens Developments Limited Partnership / uentage t reens Comm~nity Dev~~ Ot~trfct 16G1 qq F~ ~ Monltl Ende<l July 31. 1997 Consu'uc:t,~ Year to Projects Date Amounts Overall Paid/Rec'd by Vadance Bud~let Bo~ Funds Fay.. (Unfav.) DIpolt to Conaeuclk)n Ac__ __~':-.mt OepoMt to Construction Reserve Account ~ of Is~tnce & Undemmte~' O~.,ount Intem~ from DelX Sef,~ce A,':'~nt~ total wources $4.371.310.00 $4.371.310.00 $0.00 S231.065.00 S231.065.00 $0.00 S647.625.00 S647.625.00 $0.00 S150.000.00 S150.000.00 $0.00 $43.00 S21.531.07 (S21.531.07) $0.00 S72.588.21 ($72.588.21) $6,000,0C)C).00 S6,094,119.28 (S94.119.28) ~ ofl~uance Bond Counsel- Gment:~g. Traung e~ a~ Tru~ee Fee~ First Umon Na~x~ Bank Trtmme Gotms~ Hoaand & ~~Y~.vm~mN F~ ~~- F~ & ~ ~~-~L ~m. PA U~s ~ ~. ~.& ~ ~ I~ & U~' tote/coati of l~uance S57.700.00 $4.625.00 S$.150.00 SM.400.O0 S12.000,00 $43.000.00 S15.000,00 S 150.(XX).00 · ~4 7,625. O0 S57.700.00 ~4 62500 $5,150.00 S54,400.00 S12,000.00 S43,000.00 S15 000.00 S150 OOO. O0 $847 62500 S1.592.500,00 S 1,58g.500.00 Heritage Greens Conm~ntty Dew~nt DMtrtct -qmtmm 19~7' ~De~lml JIJ~ernent Bond~ 16G1 utr, e/ ~ u~ E~c, ty Cocatx~ mm~ underground Wal System. Vestem. Inc. ~ Rent~, Nigles Rent.Ail, Fla. ~ofl~s. Hertz Nunmum F~ ~ ~ Bomenee EnO'ance VV~. T& $ Corn. tree & 8oman~ Lam:tscape Mulch- Fox,try Reso~ce~ Tree T~ & ~~ ;n~- T~t~ T~ ~ Tr~ F~. ~ T~ F~. ~ CW Nu~ ~ ~~ P~. ~'~ Nur~ Constr~ Year Io Date Amounts Paid/Rec'd by Variance 8ond Funds Fay.. (Unfav.) S35,661.00 S135,158.00 $35,661.00 S0.00 S135,158.00 SO. O0 S170,81g.00 S170,819.00 S0.00 $89,126 O0 S8,610.g5 S10,618.00 sg,950 O0 Sg04 2~ S3 888 71 S$5,551.37 S14,052.00 ~3 Z21.51 S5 419.78 S1 18OO0 S16 419.40 S3~ 384,32 S28, 77500 S823.00 S13,357.61 S42,35700 S1.186.83 $89.12600 S8,610. g5 S10,618.00 sg.950.00 S904.26 S3 888.71 S55 551.37 S14,052,00 S3 221.51 S5 419.78 S1 180.00 S16 419.40 S3.4 38432 S28.77500 ~23.00 $13,357.61 $42,357.0O $1,186.83 S339,625.74 s33g,625.74 Agn, ae, BMt>~ & Brunclage $35,95425 S35.g5425 CamtmL-W)n R~btJd L~_~I Fe~i Young. vanAm~(~e~ & vml~ecloe S33.275.24 S33.275.24 Heritage Greens C~~n 16Gl Year ~ Date Am~nts Paid/Rec'd ~ Variance Bond Funds Fay. - (Unfav.) ;~r~ Sewer Pha~e lA t.m staeo~ Sewe~ Late~ Force Mare Locate & Test Puma ~ ~r Sy~ In~ ~ I~ ~ FP&L ~ ~e & P~ T~n P~ V~e P~ & R~ 8~ & p~ ~ T~ F~~ROW ~~le&2 ~C ~ L~. ~ ~~e'.r 4' ~C F~ ~ ~C ~ S53,040.51 $45,349.64 $7,690.87 ~,161 60 $3,745.44 $416.16 S1,632.00 S1,468.80 S183.20 S8,853.60 S7,988.24 $685.3~ S12,316.50 S11,084.85 S1,231.65 $6,83575 S7,952.17 $883.58 S3,0~0.00 $2.75400 $306.00 $1.632.00 Sl,468.80 $163.20 $2.348,00 $0.00 S2.~.~ $1.53000 Sl.37700 $153.00 $550.00 $495.00 S55,00 $18.{:)~3.00 S18.254.00 $;18,78240 $18. g04.18 $1,878.24 $22.394 40 ~K].O0 $22.394.40 S261 O0 S2~.~ S~. 10 $3.000 O0 S2.?00.00 S300.00 S5.72000 $0.00 S5,720.00 S2.816 10 SOO0 $2,816.10 S148,410 O0 S73.462.95 $74.947.05 Se0.804 94 $54.g02 63 S~,.g02.11 $27.978 60 $25.180.74 $2.797.86 $17.136.00 $15.422.40 SL713.60 $12,852.00 S11.5~.80 Sl.28520 S7,344.00 $6,609.60 S734.40 $9,792.00 $6,812.80 $979.20 $5,508.00 $4,957.20 $550.80 $83,387.04 :$46,509.55 $36,877.49 $22,001.40 $6,361.74 $15,639.66 $642.60 $385.56 $257.04 $4,207.50 $3,786.75 $420.75 $714.00 $642.60 $71.40 $12,737.76 $11,463.98 $1,273.78 $5,304.00 $4,773.60 $530.40 Bucket Yem' lC) Date Amounm P~:l/Rec'd ~ Variance Bond Funds Fay. - (Unfav.) Wi~w Pho~(~ lB & 2 8'~ 6" VVleeine 6" Waterk'm 10" ~ VMve B~x 8' ~ VMve 6" G~te VMve Box F.'e Hydrant Pe~ 8ach Somme Ck~hou~ S. cwc, Stub ~ I:)h,ues 18 & 2 15" RCP 18" RCP 24' RCP 30' RCP 36' RCP 14 x 23 ERCP 24 x 38 ERCP Type A Inlet Tyl~ C Inle~ B~tlng/Roc~ Excavaz~:~ 12" StaM~zed Sul~r-~fe 2~ VIAey Gut~ 'rh;oot InJet To9 4' W~Je SM Type ^ Curb 3/4" ~ O st blt) ~4' Aspt~l~ (2r~ ~) Defls~ Tests Final G;ade R 0 W Sg~Oe & S~ Pedo~mari:e 6ond S9.828.80 S8,885.g2 S1,162.88 348,308.00 S0.00 S48,308.00 S35,g55.00 S17,625.60 S18,329.40 S2,882.20 S1;321 92 S1,340.28 S816.00 S734.40 S81.60 S4.692.00 S527.00 S4,164.10 S$,967C)0 S2.47860 S3,48840 S47.736 O0 S13.210.20 S34,516.80 S2.49900 S0.00 S2,4Og.00 Sl,989 00 SO.O0 S1,989.00 S15.279.60 SO.C)O S15~79.60 S,463,00 S12~01 S337.99 S3,143 24 S1,395.36 S30,888 88 641,655.17 S~.014 74 ~26.08 S198 29 S3.488,40 S12,4M.80 S4.681.80 S8,937.65 $11,714.70 S1,838.52 S5,310.12 S2~3,516.94 S9,752.83 Se. O38.eo S~9.Se $2,225.23 Sl1.~.60 S714.00 S2,33g.47 S23.g73.75 S10 704.00 S42 383.25 S3 150.10 S8g 747.00 S40 001.52 S47 ~34.12 S1 800.00 S5 800,00 SS 828.00 $12 330.50 S~ O70.5O $1 301.60 Heritage Greens Comm~ Dwelopn)ent Dbtrtct ~erle~ 1~7 S~oectnl Mment Bonds 16Gl Overall Paid/Rec'd by Variance Budget Bond Funds Fay. - (Unfav.) $825,000.00 :$245,025.00 $579,975.00 ($7,857.12) ($7,071.41) ($785.71) :$43,043.70 :$23.243.60 $19,800.10 $39.24900 $19.428.25 $19,820.75 $39,g,45 O0 :$$29.479.41 S10,,485.59 (S42.383.25) SO. O0 (S42.383.25) :58.970 00 S8.073.00 S897.00 $14,928 14 $0.00 $14,928.14 S22.595.56 (S22,595.56) toMI w~te~ di~rlb/jew~ coil. :$2.235.411 47 :$905.297.15 $1,330,114.32 $742,414.30 $43 O0 $742,414.30 toM/conwD'uc~on CO~tZ :$4.407,5(X).00 :$2.334,971.38 $2,072,528.62 toM/coJtz overall $6.000.000.00 :$3.924.47138 $2,075,528.62 avatlabl~ mmatnlng funds $000 :$2,169,647.90 (S2,169, M7.90) ~ Re~e~e Ac_c_nunt :$1.923.394 90 $248,253,00 $2.169.647 90 a iii I III I CO~~OR: ~~~ ~ ~ OW~ER's~ct~o. -- . · ~__ --/ ~. . dtrcclcd Io ~ke I~ f~n~ c~nps m l~ C~I ~u~nts. C~ ~cr: CHANGE IN CONT~R~ PRICE CHANGE IN CON~A~ ~ME: C~r~t ~c ~1 C~rx~ Time i] CHANGE IN CONTRACT PRICE ()r~n.~ Cumr3ct I~cc CHANGE IN CONTRACT TIME: Cunt r. Kt T~mc Ncr ct~nC~ from ~'evmu$ Ch3nle Contract Ti~ ~ to this ~n~ Ncr I~ (dec~e) ~ this Comr"~t F~'~c~ ~ to th,s ChanSe Ch'~r ...~,.; N~~cr~a~l ~ ~h,s C~$t Ordcr BONNESS INC. WORK ORDER 1-] BACKCHARGE We hereby agree to perform t~e wod< ~ bekw~, ' LABOR, MATERIALS, EQUIPMENT RENTAL WORK PERFORMED QTY. UNIT RATE EXT. Accepted - The above prices and sPec~fi~ons are satisfactory and are hereby accepted. REQUESTED & APPROVED Company ..... PRCMDED BY BONN~ lNG. CHANGE ORDER Alla;hmenl~: ILitl ducu.,ncm~ ~upf~,ng chapel CHANGE IN CONTRACT PRICE Ofl~ndl Cum~ Pr, ce Prc,,m~s Ch~p O~dcr~ No / to No Com~-~( Pncc ~ ~o ch, s ChanSc O~r Ne~~.~tea~el o( O~s Cha~le Order CHANGE IN CONTRACT TIME: Cu~(rxt T,me Co,~c( T, ne Pn~ to (h~ ~ Orck'r Nc( incrtase (dccr~3s~) o( ~s Ch&rip C)r~ Cataract T~ne ~h all aaa~ed Chan~ ~ BONr ESS INC. '~' CHANGE ORDER n BACKCHARGE We hereby agree to I:~form the wo~ specked bek)w;, LABOR. MATERIALS, EQLJlPMENT RENTAL &Jot WORK PERFORMED QTY. UNIT RATE EXT. . _ CHANGE 'ORDER - This Change Order becomes part of and in conformance with ~e extsttng con- tract. All work to be i:~:~formed under same terms and conditions as specified in odgir, al contract unless o~erwtse sti~ ~ulated. Orlglrtel Contra¢l Total Prey. Chartg~ Amt. of thl~ Change New Totll to Date Accepted - The above prices and specifications are satisfactory and are hereby accepted. REQUESTED & APPROVED PROVIDED BY BONNESS INC. -- I' II I I Ill , ,,,,r I IN~. /~ ~)~ ,~/ ~. ~f~:'v~'.~,~,'~,~ t CO~;TR.ACTOR; J~c~ ,&r ~ $ ~ c: OWNER's Pro~'cl No. '/ 16Gl Y4v ge dtrCctcd ;o mdt, c (lw fulk, wmi c -h~n~cs in thc Co~cr'dct Documcnts. AIlachN~(~ fL,M doCm'~Cfllq %UJ~LJflm{: Ch3niC) CHANGE IN CONTRACT PRICE On$mdl Cumr,~:l Prx:c CHANGE IN CONTRACT TIME: Onl;,flal Cuelra¢l T,mc / /O s .¢/ Contrzc! Price ,,,.h aJI app~ovcd Ch,~g¢ O~dcr$ Not chan~,~e from ~'c,m~Js Chanle O~crs Commt ~ ~ to [hts ~nte ~ Ncr I~ (decree) ~ ~h:s ~ ~ Contract Tm'm v. th 311 a~cd Char~ C)tdcrs EK). ~ tl4o (141) S~41~1 ~uly 22, 1997 IUBXZ T'113:) Herl~age Greens Com-un£ty Development District 10300 N.W. Eleventh Manor Coral Springs, rlor£da 34109 P~O~?ZCTLOCATXOfl: Change Order #10, Street Crossings & FPL Pole Line & Easements PL.ANS ~'D SPECIFICATIONS: PROPOSED I~OP~; 1. 2" Conduit instalatlon (6 ea. conduits) concrete cover (encase) under canal incl. blast£ng & rock excavat£on 1 LS 2. Trench excavation & Installation 10,706 LF 3. FPL (2') material suppl£ed b~ others 7,291 LF 4. UTS (2') material supplied b~ others 6,164 LF 5. UTS (4') material supplied by others 1,240 ~ 6. 3" PVC water, materials supplied by Bonness 3,845 LF 7. Water location ~arkers, materials supplied by Bonness 80 EA 8. 4# PVC (General) materials supplied by Bonnese 2,900 LF 9. 6" PVC (General) materials supplied by Bonness 260 LF 10. 2" PVC (General) materials suppl£ed by Bonnese 140 LF 11. Sewer location markers, ~ater~als supplied by Bonness 80 EA 12. Survey for etreet croimings I LS 13. Survey for FPL pole line & easements I LS 14. Survey for front lot corners FPL/UTS i cable Phase 1-A I ES 15. Survey for front lot corners (same) Phase 1-a ! ES 16. Survey for front lot corners (same) Phase 2 1 LO 3,146.00 3,146.00 2.75 29,441.50 N/C 0.00 N/c o.o0 N/C 0.00 .99 3,806.55 11.00 880.00 1.32 3,828.00 2.42 629.20 .83 116.20 11.00 880.00 2,288.00 2,288.00 572.00 572.00 858.00 858.00 858.00 858.00 2,002.00 2,002.00 BILL OF SALE THIS BiLL OF ,gALE evidencing the sale and conveyance of the water and .newer ,JtJ]ity facilities described herein is made this /~ day o, /~3~$~- , 1997, by HERITAG, GREENS' COMM~JNITY DEVELOPMENT DISTRICT, an independent special district established pursuant to Chapter 190, Florida Statutes, its successors and assigns, (hereinafter referred to as "Seller"), 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, its successors ,]nd assigns (hereinafter referred to as "Buyer"). W I TNESSETH: That :;.~id S,?] let, for and in consideration of the sum of Ten L~J]]a~s ($]0.00) .,nd other good and valuable consideration to said Se]]er in hand paid by the said Buyer, the receipt whereof is hereby ,Jcknow]edg,.d, has granted, bargained, sold, transferred, set over and <iel ivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyez':j h,;~z.:~, :Jnccessors and assigns forever, all those certain wat~:r 4nd .~ew~, '~tility facilities lying within the following d,..scrib,.:d I4nd, together with appurtenant easement rights for the op,:ra! i,)r,, Jnur~al lotion and maintenance of said facilities, sitHat,:, tying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein). 'Fh,r .~;,'lJ,:~, ~¢~r ~t.s~:lf and its successors, hereby covenants to 4nd with the Buyer and its successors and assigns that it is the lawful owner cf the said goods and chattels herein referred to as utility facilities; that said goods and chattels are free from all -~ of 2- 16bl lien.,~ and encumbrances; that it hao 9ood right, title and authority to sell ~me, and that it will warrant and defend the same against the lawful claimm and demands of all persons whomooever. Seller ,~nd Ruy,:~ ,,r,: used for singular or plural, as the context requires. I[~ WITNESS WHEREOF, SELLER has caused these presents ~o ~ executed the date ,~nd year first a~ve written. H~RITAG~ GREYS CO~I~ G~'L~y~.~ ~.~ --- ~ M. Re'ers, Chai~an District Manager 1681 I.ANI) I)IiSCRII~I ION OF III)Al) I[IGII'I'.OF.WAY LYING wI'rllIN I'IIASE I-A A I'AI(CI~.I. OF i.ANI) I,YII'KJ IN SI~CrlON 21~, TOWNSIIIP 41~ SOLrril, RANGE 26 EAST. ('OI.LlliI~, COUNTY, Fi.ORII)A, SAIl) PARCEL OF LAND BEING MORE I'AICrI( 't II.ARI,Y DESCIUBF. D AS FOI.LOWS: COMMEI'ICING AT TI IE NOItTI lEA.ST CORNER OF SAID SECTION 28; THENCE SOU'I'II 0J'O5'15' EAST ALONG TIlE EASTERLY LINE OF SAJD SECTION 25 FOR DISTANCE OF 100.05 FEET TO AN II~FERSECTION WITll Tim SOUTtlERLY RIGI IT-OF WAY LINE OF IJ~IMOKALEE ROAD (C.R. $46); TIlENCE SOUTI ! 89' 10'00' WES'[' ALONG S AI D SOOT! IERI.Y LiNE FOR A DISTANCE OF 1951.39 FEET TO T! I'OINI' OF BI£GINNING OF TIlE I IEREIN DESCRIBED PARCEL OF LAND; '111F. NCF. Sot,ri'il ~i9' 10'GO' WES'[' CONTINUING ALONG SAID SOUTI IERLY LINE FOR A DISTAN('[:. OF 130 lll~ FEET; '111F. NCF. SC)UTI I O]'0.ro6' EAST FOR A DISTANCE OF I80.]9 FEET TO A POINT OF CURVATURE; TI IENCE SOUTI IERLY ALONG SAID CURVE, CONCAVE EASTERLY, IIAVINO A RADIUS O1" 243 95 FEEl', A CEN'I'ILAL ANGLE OF 18°24'27' FOR AN ARC DISTANCE OF 78.38 FEET TO A POINT OF REVEll. SE CURVATURE; '['l IF. NCF. SOUTI IERLY ALONG SAID CUF, VE, CONCAVE WESTERLY, tIAVING A RADIUS OF 482.00 FEET, A CENTRAl. ANGLE OF 10'51-24" FOR AN ARC DISTANCE OF 91 3} FEET TO A POINT OF TANGENCY; 'H IF. NCE SOLrl'I I 10'37'09' EAST FOP, A DISTANCE OF 227.22 FEET TO A POINT OF CURVA'FURE; 'II IF. NCE SOU'II IERLY ALONG SAID CUKVI:., CONCAVE WE. STEILLY, ! LAVING A RADII.IS OF 482 00 FEET, A CENTRAl. ANGLE OF 07°33'03' FOR AN ARC DISTANCE OF 63 52 Fl!F. I' '1'O A POINT OF TANGENCY; TI IENCE SOUTIi 03 °04'06' EAST FOR A DI?FANCE OF 391.~8 FEET TO A POINT OF CURVATtlItE. TI IEI"iCE $OUTI IF.I{LY ALONG SAJD CURVE, CONCAVE WESTERLY, l LAVING A RADIUS OF .IIX} GO FEET, A CENTRAl., ANGLE OF ~7"46'42" FOR AN ARC DISTANCE ¢ }i: 197 81 FEET TO A POINT OF REVERSI! CURVATURE; '! I IENCF. S¢3U'i'11WF. STF. RLY Al.grIG SAID CURVE, CONCAVE SOLrFllEASTERLY, I IAVING A RADIUS OF 410.00 FEET, A CF. HTRAL ANGLE OF 14°$$"J0" FOR AN A~C DI.~TANCE OF I07 16 FEET TO A POINT OF REVERSE CURVATURE; '1 I IF. NCI! SOU ri IF. RLY ALONG SAID CURVE, CONCAVE NORTHWESTERLY, ILAVING A RAI}IUS OF S00.IX} FEET, A CEN'FRAL ANGLE OF 27°~9'45" FOR AN ARC DISTANCE OF 24.1 .; I FEET TO A POINT OF REVERSF. CURVATURE; 'l ! II-~N('F. SOU'II IWESTERLY ALONg SAIl) CURVE, CONCAVE SOLFFIIEASTERLY, IIA.¥1I~G A ILADIUS OF 160 O0 FEET, A CENTRAL ANGLE OF 49'44'21' FOR AN/UtC [}lS'rAl'lCl:. (}F 1311,90 FEET TO A POINT OF COMPOUND CURVATtSRI~; I! II'~N¢.'I:. SOIIH IF.l{I.¥ AI.()N(i SAIl) CtJIIVE, CONCAVE EASTERLY, IIAVING A KAl )11JS OF 12OO (JO I:I~E'i. A CI':N I I{AI. At,IGLE OF 04'55'2.I" FOR AN ARC DISTANCE I.'.¥tlIIJIT A 16Gl ¢)1. IO3 I I Iq:liT l'O A POINT OF C(?MI'OUND CUI[VA'rURE; t I IF. NCF, SOUTI II..'gI.Y AI,ONG SAID CISRVF.. CONCAVE EASTERLY, I lAVING A KAI)IUS OF ]00 O0 FI:.F.T, A CF. NTEAI. ANGLF. OF 18'47'54' FOR AN ARC DISTANCE ()F 9g .11 FIlET TO A POINT OF TANf;F. NCY; 'il II:NCR $OUTII 25°4Y.17" EA£'r FOl{ A DISTANCE OF 315.55 FEET TO A POINT OF CU I~, VA'FUI~',Ii. TI IF. NCF. SOU'FI IEASTL:RLY Al. ON(] SAIl) CURVE, CONCAVE WESTERLY, llAVING A I(AI)IUS OF 24000 FEET, A CENTILAL ANGLE OF 22'38'$2' FOR AN ARC DISTANCE ¢)F 9,1 87 FEI.~'F 'FO A POINT OF 'I'AHGENCY; TI IENCE SOUTI I O l' 04'S S" F. AST FOR A DISTANCE OF 166. i 8 FEET TO A POINT OF CURVA'FUIU:., T! IENCE SOU'tl IERLY ALONG SAID CURVE, CONCAVE EASTERLY, l lAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 10°4T44" FOR AN ARC DISTANCE OF 56.53 Fl:liT '[O A POINT OF REVERSE CURVATURE.; 'ri IF. NCI:. SL}UT! IF. RLY ALONG SAIl) CUI(VE, CONCAVE. WF..STERLY, l lAVING A EADIIIS OF 580 00 FF. ET, A CENTRAl. ANGLE OF 10'06'52" FOR AN ARC DISTANCE OF IO2 39 FEET TO A i'OIN'F OF 'I'?tlqGEN('Y; TIIENCF. SOUTll 03'4%17' EAST FOR A DISTANCE OF 369.01 FEET TO A POINT OF CURvA'rUI~F., 'ri IF. HCI,.' SOUTI II:RI.Y AI.ONG SAIl) CURVE, CONCAVE NORTIIWESTERLY, ! lAVING A RAI)It JS OF ,1770 Fl![:.'r, A CEhrrRAI. ANGLE OF 90'00'00" FOR AN ARC DISTANCE OF 7.1 92 FEET '1-¢) A POIN'F OF I'AHGENCY; TI IENCI'.' SOUTI I 86° 14'13" WES'r FOR A DISTANCE OF 412.82 FEET; T! IENCE SOU'Ii [ 03'05'09' EAST FOR A DISTANCE OF 00.00 FEET TO A POINT OF CURVA'I URE; TI IENCE SOLrrl IERLY ALONG SAID CURVE, CONCAVE NORTIIERLY, HAVING A RADIUS OF &O O0 FEET, A CEN'I'R~L ANGLE OF 162'53'31' FOR AN ARC DISTANCE O1:170 58 FEET TO A POINT OF REVEP, SE CURVATURE; TI IENCli NORI! IERLY ALONG SAID CURVE, CONCAVE SOUTIIEASTERL¥, IlAVINO A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 72'~3.3~' FOR AN ARC DISTANCE OF 3 I.~1 FEET 1'O A POINT OF TANGENCY; l'l IF. NCR NORTI I 86" 14'13' EAST FOR A DISTANCE OF 272.2~ FEET TO A POINT OF CUR VA'FUI~F., '111ENCF. EASTEI{I.¥ ALONG SAID Ct)HVF., CONCAVE NORTHWESTERLY, IIAVING A F. AI HI]$ OF 107 70 FEET, A CEt{FIt/,I. ',NtILE OF gO°O(YO0' FOR AN ARC DISTANCE ()F 169 17 I:EF.T TO A POINT OF TA~t(; .HCY; '11 IIiHCF. N(}IYFII OJ',15',17' WF. ST FOi' .~, DISTANCE OF 369.01 FEET TO A POINT OF C111t, VA'l URF., '11 IF. Nit. [qOR'l IlligI.Y Al.ON(} SAID, URVE, CONCAVE WESTERLY, llAVING/, RADIUS OF 640 GO FEET, A C[:.N'I RAt ~.NGI.E OF 10'06'52" FOR AN ARC DISTANCE ()F 112 98 FF.E'[ TO A POINT OF EEVI ',SE CURVATURE; '11 IF. NCR NOR'[ I I1:.1{1.¥ ALONG SAID t UiiVF., CONCAVE EASTERLY. IIAVING A RADIUS OF 2,10 043 FEF. T, A CENTRAl. ANGLE OF 10'47'44' FOR AN ARC DISTANCE ¢?1:.15 22 1'1'.1'7l' '1() A POIN'I (?1; TAN(;I I I Il'.N(;li NOIUH I o}"o.rs.~" WEST FOR A DISTANCE OF 166. IS FEET; TO A POINT OF I".XIIfIIIT A 1 681 'l'l II'2N('F. NOJ~, l I IEP, L¥ AI.ONG SAIl.} CURVE° CONCAVE WESTEI~,LY, I IAVIN~ EADI US OF ~.~ fEET, A CE~FRAL ANGLE OF I I'~ PlO' FO~ AN ARC DISTANCE OF 6l.(~ FEET TO A POI~ OF REVEI~E CU~ATU~; '11 IENCE NOIUFIIE~LY ALONG ~AID CURVE, CONCA~ SO~tlEASTE~Y, ! IA A RAI}IUS {}F l~ FEET, A CEllini. ANGLE OF ~']~1' FOR AN ARC DISTANCE' OF ~] 69 I;EET 'I'O A POINT OF TAN{iENCY; ] I IENCI~ NOR'I'll ?] %1]',16' EAST FOR A DISTANCE OF 174. I~ FEET TO A POI~ CUI~VA'I URIC, 'lllENCE EASTERLY AI.ON{J SAIl} CUISSE, CONCAVE ~O~llERLY, I lAVING A RAI}IUS OF ~.~ IEET, A CENI'I[AL ANGLE OF ~l'~]'~?' FO~ AN ~C DISTANCE OF 2~? O~ FEET TO A POINT OF TANGENCY; TI IENCE SOU'I'II ?]'1l'l?' EAST FOR A DISTANCE OF I~.l~ FEET; 'I'11ENCE NOR'Ill 39' 58'30' EAST FOR A DISTANCE OF 65.35 FEET; 'i 11ENCE N()I~'I I 73 '22'27" WEST FOR A DISTANCE OF 45.15 FEET TO A POI~ CURVA'I'UI~E; TI IENCE WES-FERLY AI.ONG SAID CUI~VE, CONCAVE SO~llE~Y, IIAVING A I~DIUS OF 5~.~ FEET, A CEntRAL ANGLE OF 32'53'47" FOR AN ~C DIST~CE OF 321.5~ FEET 'fO A POINT OF 'tANGENCY; I'IIENCE SOUTI! 7~'43'46" WEST FOR A DISTANCE OF 286.68 FEET TO A POI~ OF CUEVA'I'tJRE. '1 I IEN('i: WES'FERI.Y AI.ONG SAIl) CUI~VE, CONCAVE NOKTI IEASTERLY, I~V1NG A - R Al)IDS OF 2~ f~ FILET, A CI~NTRAI. ~(;LE OF 80'32~6" FOR AN ~C DISTANCE OF I~ 14 FI:I~T '10 A POINT (Jl: TANGENCY; '1 IIENCE NOR'I II 25'43'47' WIghT FOE A DISTANCE OF 2~.87 FEET TO A POINT OF {'URVA'I URIc, '111ENCE NOETI IWES'I I:I~I.Y ALONG SAIl.) CUK~, CONCAVE EASTERLY', I lAVING A RADIUS OF 2,10 ~ FI~ET, A CEN'I RAL ANG~ OF 18'4~54' FOR ~ ARC DIST~CE (~i: 7~ 7,1 FI,.I~I 'IO A POIN'I OF ('OMI'(JLIND CURVATURE; 'I i iI~NCE NOR'I IIERI.Y AL(}N~ SAID CURVE, CONCAVE EASTERLY, IlAVING A RAI}II~S O1' 1140 ~ I'1~1~ 1', A CEN lEAl. ANGLE OF ~'55~3" FOR AN ~C DISTANCE (}F 97 95 I EEl' 'I O A POIN'F OF COMPOUND CUKVA~; Il II~N(:E NOR'I IIEI~I.Y AI.ONG SAID UUI~VE, CONCAVE SO~IIEASTERLY, I IAVING A RAI)IUS OF It~ ~ FEET. A Ci~F~. ANG~ OF 49'44~1' FOR AN ~C DISTANCE OF 86 81 FI~ET TO A POINT OF EEVI~ESE C~VATURE; TI IENCE NORTI IEASTEEI.Y ALON(~ SAID C~VE, CONCAVE NOK~IW~TE~Y, I IAVIN(~ A RADIUS OF 5~ ~ FEET. A f.'E~ ANGLE OF 27'5~44" FOR ~ ARC I)IS'I ANCE OF 27J 63 FEET TO A POIN I' OF ~VE~E CUKVA~RE; 'i/IENCE NOKT! IERLY ALONG SAIl) CUI~VE, CONCA~ ~TERLY, t~VINO A RADIUS OF 350 ~ FEET, A CE~i. ANGI.E OF ~'~1" FOR ~ ARC DIe. CE OF 25 05 FI~I~'F TO A POINT OF I~EP. SEC~ION WITll A NON-T~GE~ LINE; '1 III~NCI~ NORTII 86' 54']3' EAST FOR A DISTANCE OF 115.23 FEET; '111ENCE NOE'I I I 03'05'27' WEs'r I:()1~ A DISTANCE OF 1298.20 FE~F TO TIlE I:'.~IIIBIT A CONTAINING 6[50 ACItF. S OF LAND. MOR£ OR LESS. SUIU£C f TO EAS[!MENTS AND E-F~RIC'I'IONS OF RECOIU3. AGNOI.I, BAIU3I:K & BRUNDAGE. INC. I'ROFF. SSION^I. ENGINEERS, I'I.AI'tNFRS AND LAND SURVEYORS BY RICIIARD L SIIEI'IIARI) I'.L.S. HO. 2474 DATE It, EF: Al.lB DWG. FII.E NO. 5783 12.,I,ISY6DF. S 1 6G1 4 1:'.¥111t~17' A LAND DESCRIPTION OF LIFT STATION EASEMENT A PARCEL OF LAND I.YING IN LOT 159, BLOCK "B" OF THE PROPOSED PLAT OF HERITAGE GREE. NS IN SF. Cq'ION 28, TOWNSHIP 48 SOUT] I, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID PARCF. i. OF I.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMM ENCING AT TIlE NOR'Il t I:.AST CORNER OF SAID SECTION 28; TIIENCE SOUTH 03~05'15" EAST ALONG 'ri IE EASTERLY LINE OF SAID SECTION 28 FOR A DISTANCE OF 100.05 FEET TO TIlE SOUTHERI.Y RIGIIT.OF-WAY LINE OF IMMOKALEE ROAD (C.R. g46); TiIENCE SOUTII 89010'00" WF~ST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE O!: 1981.39 FEET: 'ri IF. NCE I.EAVING SAID SOUTIIERLY LINE SOUTH 03°05'27- EAST FOR A DISTANCE OF ! 576.33 FEET; THENCE SOUTll 68o04'32" WEST FOR A DISTANCE OF 176.6g FEET TO A POINT OF CURVATURE: TIIENCE WESTERLY ALONG SAID CURVE, CONCAVE NORTIIERLY, IIAV[NG A RADIUS OF I0.00 FEET, A CENTRAL ANGLE OF 46'14'04" FOR AN ARC DISTANCE OF 8.07 FEET TO A POINT OF TANGENCY; TI-fENCE NORTH 65°41'24' WEST FOR A DISTANCE OF [ I $.09 FEET TO TIlE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF I.AND: TIIENCE CONTINUE NORTII 65°41'24" WEST FOR A DISTANCE OF 37.00 FEET TO A POINT OF INTERSECTION WIl'll A NON-TANGENT CURVE FROM WItICH THE RADIUS POINT BEARS SOUTll 61'25'02" EAST; TIIENCE NORTi IF. ASTF. RLY ALONG SAID CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF I00 f~') FEhT, A CI!NTRAL ANGLE OF 17°43'15" FOR AN ARC DISTANCE OF 30.93 FEET 'l O A POIN'I OF IN'I f:.RSf:.C'FIC)N WITll A NON-TANGENT LINE; TI IENCE SOUTII 65°.11'24.. F.A :-iT FOR A DISTANCE OF 30.00 FEET; TIlI'~NCE SO[)'FII 24°1 ~;'36" WF~ST FOR A DISTANCE OF 30.00 FEET TO Tile POINT OF BEGINNING; CONTAINING 0.024 ACRES OF LAND, MORE OR LESS. SUBJECF TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, I}ARIIF. I~, & BRUNDAGE, INC. PROFI!.~SIONAI. ENGINEERS, PLANNERS AND LAND SURVEYORS RIC'IIARD I.. S~EPI lARD, P.S.M. NO. 2474 RI..'F: ABB DRAWING FII.E NO. 5783 ltl ',;-'It Tht= tn~t ium~.nt w,~o prepared without I~gal C~lnton by a~ ~h~ld ~ l~ ru,'e Ande rash, 1 UTILITY THIS EASEMENT, granted this //~/'f-' day Of ~/~'~" . I 997, by HERITAGK ORE~S CO~I~ D~~ DIStil. an independent f~peclal dLstrict established pursuant to Chapter 190, Floridd Statutes, its successors and assigns, as Grantor. to ~ OF C()UUTY COMMISSIONERS OF C~LLI ER CO~, FLORIDA, ~ ~E C~)VERUIHG [~OD'f OF COI.I,IER CO~ ~D ~ EX-OFFICIO THE ~I~ BOARD OF '['UE COLLIER COUNTY WATER-S~ER DISTRI~, its successors W!T~;E:;,q~TH: Thd~ tk,~ Grantor for and in consideration of the sum of t,~n dollars ($10.00) and other valuable consideration paid by [he Gr,,nice, r,~ceipt of which is hereby acknowledged, hereby ,:onvey~, q r,ir]t. ~J, f.,drga ins and sell~ unCo the Grantee, iCH succ,~:;~or ~ ,~n,t ~ss~c,ls, a perpetual, non-exclusive easement, ]~c,~nse, ,~,,J prlv~,:ge [o enter u~n and to install and maintain utility ~aci~L[~efl, ~,,, on, over and under the following de.cried Lands b,~ing locat~d in Collier County, Florida, all County utility easem~nts Indicated CUE doe installation and ~intenance of its facilit ~eu. GranLor agrees for itself, it successors and assigns, t~ha[ it wi]~ be ~'~sponsib]e for the cost of any and all repairs, teplacement., maintenance or restoration of improvements or landsca[,in,/ ~nsLaJ led by the Grantor within the easement area, co w~t: (:~,:~: ~tc.ched Exhibit "A" which is incorporated by reference herein.) TO HAVE ~D TO HOLD the name unto the Grantee and its assigns, t%,gether with [he ~ igh~ ~o enter u~n said land, ezcavace, and take material s for [he pur~se of constructing, operating, and ~incaining utility facilities thereon. Grantor and Grantee are used ~or singular or plural, as the context re~ires. 1 6G1 I.ANI) I)I:S(iRII' I ION OF I~,OAI) I~,IGIIi'-OF-WAY LYING WI'IlliN I'IIASF. I-A ,s, I,AI~,{'I:I. OF i.ANI} I.YIN(} IN M'~C I'ION 2S, '[(}WNSIIIP ,IS SOtrrll, RANGE 26 EAST, t'< ~I.I.II:R COUNI'Y, I.I.ORIDA, SAID i'ARCEI. OF LAND BEING MORE I'AKI I~'UI.ARI.Y I)ESCI~IBI~U AS I-OI.[.OWS COMMENCING A'I' TIlE NORTI IE~I' CORNER OF SAID SECq'ION 28; TI IENCE SOIJI II O3'O5'15' EAST AI,ONG TI IE EA~TERI,Y I,[NE OF SAID SE~ION 28 FOR A I )ISI ANCE OF I~ 08 Fl{ET TO fin I~I'ERSE~I'ION WITI I TI IE SO~IIEI~Y RI( ;111'-OF %VAY I.INE (IF IMMOKAI.EE ROAD (C.R. S46), TI IENCE SOUTll S9' I~' WI:~I Al.ON(; SAIl) S(}t/'l'l II~l(I.Y I.INE FOR A DISTANCE OF 1981,39 FEET TO TI IE I'{}IN I' {}1: III;{;INNING {)F '[111~ I IEREIN Di~SCRIIIED PARCEl. OF I,AND. I I IENCI~ SOt.Il II 89' I0'OO~ WEST CON'FI~:UING AI,ONG SAID SOUTllERLY LINE FOR A I}IS FAN{'E {)1:130 g8 FEEl', I IIENCI[ SOlJ~[I 01'~I'06' [{AS f I:O1~ A DISTANCE OF 1g039 FEET TO A POl~ OF CIJRVAI'UI(I[, 'IIIENCE SOU'FI IERLY AI.ONG SAID CURVE, CONCAVE EASTERLY, i~NG A RADIUS OF 2.13 95 FEET, A CEN'FRAL ANGLE OF 1g'24~7' FOR ~ ~IC DISTANCE OF 78 J~ I:i~E'F TO A I'OINT OF I~VEItSE CURVATU~ '1111~rl('E SOlITI IERI.Y ALONG SAID CURVE, CONCAVE WESTERLY, l lAVING A ItADIUS OF ,~8~ ~ FEET. A CEHTRAI. AFtGLE OF 10'51~4" FOR AN ~C DISTANCE OF 91 ~ ~ I.E[T TO A POINT OF'I'ANGENCY; 111EN('E S{}IJ'I I I I0' JT{~' EAST FOIL A DISTANCE OF 227.22 FEET TO A POINT CIJItVA'FUItE, '111EriL'E SOI)'l'l IEI{I .Y AI.ONG SAID CUR VE, CONCAVE WESTEI~Y, I~NG A I{ADI[ tS OF ,1~2 ~ FEE'I, A CENFRAI. ~(;LE OF 07'33'0~' FOR AN ~C DIST~CE OF 63 52 I:I~ET TO A POINT OF TANGENCY; '111ENCI: SOUTI I 03'~'~' EAST FOR A DI~ TANCE OF 391.88 FEET TO A POINT CIJRVA'fURE, l'l IEN{'I~ SOt fl I It:RI.Y AI.ONG SAID CURVfi, CONCAVE WESTEI~Y, IIAVING A RADIUS OF 3{~ c~ FEET, A CENTRAL AtlGLE OF 37'46'42' FOR ~ ~C DISTANCE OF 197 a I FEE'I TO A POINT OF REVERSE CURVATU~; '1 IIENCE SOtJ'l IIWESTI~RLY ALOtlG SAiD CURVE, CONCAVE SO~i IEASTERLY, IIAVIN(; A RAI)IUS OF 410 ~ FEEl', A CI+ITRAL ~GLE OF 14'58~0' FOR DISTANCE OF 107.16 FEET TO A I'OI~F O1: ~VE~E C~VA~; 111ENCE SOU'IIIERLY ALONG SAIl) CURVE, CONCAVE NORT! IWESTERLY, I IAVIN$ A I{AI}IUS OF 5~}~ FEET, A CENTR~ ~OLE OF 27'5~45' FOR ~ ARC DIST~CE { }F 2,1,1 31 FEET TO A I'OI~F OF REVERSE CURVATU~; '1 lIEf;CE SOUI'IIWESTERLY ALONG Still) CURVE, CONCAVE I IAVIr~{; A ItAI)~US OF I~ ~ FEET, A CE~L ~GLE OF 49'44~1' FOR ~ M{C I)ISTAHCI~ (iF I }1 ~ FEET TO A POI~ O1: COMPO~ CURVATURe; 111EN('E S()lJ I'11EI{i.Y ALONG SAIl) CURVE, CONCAVE EASTEI~Y, IIAVINO A I:Al~ll)h ()1' 12~) OO FI:E'I, A t,.*l.~M I ti. Al. ,XI;GI.E OF 0.1'5Y23' FOR AN ARC DISTANCE F,Y. IIIBIT A ¢)1" IO3 I I I'I'~E'I' 'ro A I'OINT OF CUMPOUND CURVATURE; II II.~NCI.: .~OU'I'I IERI.Y ALONG SAID C[II[V~, CONCAVE EASTERLY, I IAVING A ILAI)IUS OI; J~ ~ FILET, A CI[NI RAI. ANGLE OF 1~'4~S4' FOR ~ ARC DISTANCE )1 9~ ,I ] Fl,.liT TO A POINt ()F TAbI(;I[NCY, '111ENCE 5OU rll 2~"4]'47' IiAS'r FUlL A DISTANCE OF J 16.5~ FE~T TO A POINT OF ~:IJRVAI'HIH[, · 1t IENCE SOtH'I IEASTEI[I.Y ALONG ~Ail) CURVE, CONCAVE W~TE~Y, I~VING A I[Ai)IUS OF 2,10~ FEET. A C~N'rI[AI. ~GI.E OF 22'~8'52" FOE ~ AEC DISTANCE OF 9.1.~7 FEET TO A POI~F OF TANGENCY; I IENCI5 SOIJTll 03'~r55' EAST FOR A DISTANCE OF 166.18 FEET TO A POI~ OF CUI~VATUI~E, !'111~NCIL SOU'IIIISRI.Y AI.ONG SAIl) CUI~VE. CONCAVE EASTERLY. ! lAVING A RADIIJS OF 3~ ~ I:EET. A CENTRAl. ANGLE OF 10"4T44" FOR AN ~C DISTANCE OF 56 53 I:EI~T 'to A l'ol~r OF REVERSE vURVATU~; I IILNCIL 5()1H I IERI.Y ALONG SAIl) CURVE, CONCAVE ~STE~Y, ilAVING A RAI)IU~ OF 5~0 ~ I:I~E'I', A CEN'I RAt. ANGI.E OF 10"06'52" FOK AN ARC DISTANCE OF IO2 39 [:ILEI' TO A POINT OF I'AHGENCY; 'l'J [[~4CE SOU'fl I 03'45',17' EAST I:OlL A DI:J'FANCE OF 369.01 FEET TO A POI~ OF ('LII{VATUI~E. · ri II{NCli SOU'fl IERI.Y AI.ON(] SAID CURVE, CONCAVE NOKTIIWESTE~Y, I~NG A RAI)JUS OF 47 70 FEET, A CENTRAl. ANGLE OF ~'~" FOR ~ ~C DISTANCE OF 7.1 ¢12 J:l[l['r To A POINT OF 'I'AHGENCY; '111EN(,I( SOtJTI ! g6' 14'l 3' WEST I;O1{ A DISTANCE OF 412. g2 FE~; ]'11ENCE S(}IJ'[ll O3 '05'~' EAST FOR A DIST~CE OF ~.~ FEET TO A POlar OF CIIRVA'I '111ENCE SOUl IIERLY AI.ONG SAID CURVE, CONCA~ NORTIIE~Y, I~VING A RADIIJS OF ~ (~ FEET. A CENI RAI. ANGLE OF 162'53'31" FOR AN ~C DIST~CE OF 170 5g FEET TO A I'O1~ OF REVERSE CURVA~; 'l III~NCE ~IORTI IERI.Y AI.ONG SAID CURVE. CONCA~ SO~I~TE~Y, I~VING A RAI ~IUS OF 25 ~ FI~ET. A CENIRAI. ANGLE OF 72'53'38" FOR AN ~C DIST~CE OF J I al I-I(I{'F [O A POINT OF TANGENCY; 'l'l II~NCJ~ NORTJ I 86' I.l'l 3' EAST FOR A DISTANCE OF 272.28 FEET TO A POI~ OF ;I IR VA'I'UR Ii; '1 IIENCE EASTEI{I.Y AI.ONG SAIl) C'DILVI~, CONCAVE NORTIlWESTERLY, I~VINO A RAI}IUS OF 107 70 FI~ET, A CENIR/,J. ',NGLE OF ~'~g' FOR ~ AR~ DIST~CE ()[: 169 J7 i:ILEI' 10 A POINT OF TAII¢; '1111LIqCI{ N()RI II 03'4Y,17' WF. ST FO;' ,X I}ISTANCE OF ]69.0l FEET TO A POl~ OF '1 I1( VA'I UI(E, I II~NCI~ NORTI IERI.Y Al.ON(; SMD RAI)II,'S {)1: 6,1c} (~ FEI~'I', A CENTRAl ~NGLE OF 10'~'52' FOR AN ARC DIST~CE ()F 112 q~ I'ILEI' I'() A POINT (Il: REVI :SE CURVATU~; I IILN{.'I~ NOR I I IERLY ALONG SAID ~ UI(VE. CONCAVE EASTERLY, tlAVING A RAI)II JS OF 2,Io ~ FEET, A CENTRAl, ANGLE OF 10'4?44' FOR AN ARC DIST~CE I)l: ,Is ~] I. ILI{T 'IO A PI]IN'I' OF 'I'AN(;i NCY; Ill:N{ '1': N(H('I II 01'O,I'5S' Wl:S !' I. ORA DISTANCE OF I~. Ig FEET; TO A POINT OF I:'.¥111IIIT A ('IJRV^ I'Ull l:, I III/He '1:. NOItl'I II;.RI.Y AI.ONG S^ ID CURV[~, CONCAVE WI~'I'ERLY, I IAVINO A ff, AI)IUS OI.' J00 OO FEET, A CF.N IRAI. ANGLE OF I 1 '5 PI0' FOR. AN ARC DISTANCE ¢)F 62 06 FEE f 'I O A POIHT OF REVERSE CURVATURE; 'H IF. NC[-: NOR'II IF. RLY AI.ONG SMD CUP, VE, CONCAVE SOUTtiEASTERLY, ! lAVING A I~,AI)ItJS OF 25.00 FF.F.T, A C[[NI'RAL ANGLE OF 88'39'51" FOR AN ARC DISTANCE OF 3:~ 69 FE[:.T TO A POINT OF I'AN(;ENCY; 1'11ENCF. NORTI I 73'43',16' EAST FOR A DISTANCE OF 274. ! 8 FEET TO A POINT OF CURVA'I URF.; TllENCE I:.ASTF. RI.Y AI.ONG SAID CURVE, CONCAVE SOUTHERLY, IIAVING A ItAI)IUS Of .SOO GO FI~ET, A CEN'I'RAI, ANGLE OF 32"53'47" FOR AN ARC DISTANCE OF 287.08 FEF. T TO A POINT C}F 'rANGENCY; 'ri IENCE SOUTll 73'22'27' EAST FOR. A DISTANCE OF 19.25 FEET; 'FI IENCE INOR'I'I I 39'58'30" EAST FOR A DISTANCE OF 65.35 FEET; 'II IENCF. NOP, TI I 73'22'2'/" WEST FOR A DISTANCE OF 45.15 FEET TO A POINT OF CURVATURF., TI IENCE WESTERLY ALONG SAID CURVE, CONCAVE SOUTHERLY, HAVING A IU~,DIUS OF 560 O0 FEET, A CFNTEAL ANGLE OF 32°53'47- FOR AN ARC DISTANCE OF 321.53 FEET 1'O A POINT OF TAI,IGENCY; 'HIEN¢:E SOl.,rrll 73'43'46" WF. ST FOR A DISTANCE OF 286.68 FEET TO A POINT OF CURVATURE, TI IENCE WF. STERI. Y ALONG SAID CURVE, CONCAVE NORTI II=ASTERLY, ILA. VING A RAI)ILJS OF 2.S O0 FEET, A CENTRAL ANGLE OF 80'32'26" FOR AN ARC DISTANCE OF 3.S. 14 FF.F.T TO A PoINr OF TANGENC¥; 'H IENCF. MORT! I 2.S'4Y47' WREST FOR A I)ISTANCE OF 266.87 FEET TO A POINT OF CURVATURE; TI IENCE MORT! iWESTERLY ALONG SAID CURVE, CONCAVE E~ERL¥, IIAVING A RAL)IUS OF 240.00 FEET. A CENTRAL ANGLE OF 11'4'/'54' FOR AN ARC DISTANCE OF 78 74 FILET TO A POINT OF COMPOUND CURVATUR. E; TI I£NCI.'. NOR1 I IEItLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A RADIIJS OF I 1,10 OO FEET, A CI~N'FI1J~L ANGLE OF 04'55'2:]' FOR AN ARC DISTANCE CJI: 97 9.S FI[ET TO A IN)ifiF OF COMPOUND CURVATURE; '11 II:'NCF. NORTIIERLY ALONG SAID ¢'UP. VE, CONCAVE SOUTIIEASTERLY. llAVI~IO A RADIUS OF IOO GO FEF'r, A CENTRAL ANGLE OF 49'44.21" FOR AN ARC DISTANCE OF 86 81 FF.I-FF TO A I'OINT OF REVERSE CURVATURE; '1 I IF. NCR NORTI IEASTF. RLY ALONG SAID CURVE, CONCAVE NORTIlWESTERLY, I lAVING A P, AI)IUS OF 560.00 FF.F.'I', A CENTR.AL ANGLE OF 27°59'44° FOR AN ARC I}IS'I'ANCI~ OF 273 6] FF. ET TO A POINT OF REVERSE CURVATURE; TI IF. NCR NORTI IERLY ALONG SAID CURVE, CONCAVE EASTERLY, HAVING A ff, ADIIIS OF J.SO OO FEET, A CENTRAl. ANGLE OF 04'06'01" FOR AN ARC DISTANCE (]1: 2~ uS I.I[I£T 10 A POINT OF INTERSIJ. L'TION WITII A NON-TANGENT LINE; '1 III~NCF. NORTII $6' 54'] ]' F. AST FOR A DISTANCE OF 118.23 FEET; I III~.N('I.: N¢)R'I II 01'o5'27" WI[ST I:{}1( A DISTANCE OF 129R.20 FEE'I' TO TI Irt- POINT ( )F IIF.( ;IMNIN( ;, I:'.¥11IH1T A CONTAINING 6 850 ACRES OF I.AND, MORE OR LESS. SI]iHEc'r TO I-:ASEMENTS AN[) ItESTRIC~rlONS OF ~COItl). AGNOLI. BARBER & BRIJNDAGE. INC. I'ROFESSIONAI, ENGINEERS, I'I.A~NERS AND LAND SURVEYORS BY RICIIARD L. SIIEI'IIARD P.LS. NO. 2474 DATE REF. AIH} [)WG. FILE NO 5783 12-4,15Y~ DI~S 1 6G1 4 E.¥1IIBIT 4 ! I.AND DE~$CRIPTION OF LIFT STATION EASEMENT A PARCEL OF LAND LYING IN LOT 159, BLOCK "B" OF THE PROPOSED PLAT OF HERITAGE GREENS IN SECTION 28, TOWNSilIP ,18 SOgTll, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEl. OF I.AND I3EING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT 'FILE NORTIIEAST CORNER OF SAID SEC¥1ON 28; THENCE SOUTH 03'05'15' EAST ALONG TIlE EASTERI.Y LINE OF SAID SECTION 28 FOR A DISTANCE OF 100.08 FEET TO TIlE SOtYFIIERLY RIGtlT-OF.WAY LINE OF IMMOKALEE ROAD (C.R. 846); 'FllENCE SOUTll 89~10'00' WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 1981.39 FEET; TIIENCE LEAVING SAID SOUTHERLY LINE SOUTH 03°05'27- EAST FOR A DISTANCE OF 1576.33 FEET; TllENCE SOUTH 68~)4'32" WEST FOR A DISTANCE OF 176.68 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG SAID CURVE, CONCAVE NORTIIERLY, HAVING A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 46e14q34" FOR AN ARC DISTANCF. OF 8.07 FEET TO A POINT OF TANGENCY; TIIENCE NORTH 65°41~24' WEST FOR A DISTANCE OF I ! 5.00 FEET TO TIlE POINT OF BEGINNING OF TIlE HEREIN DESCRIBED PARCEL OF I.AND; TliENCE CONTINUF. NORTll 65°41~24' WEST FOR A DISTANCE OF 37.00 FEET TO A POINT OF INTERSECTION WITll A NON-TANGENT CURVF FROM WIIICI! THE RADIUS POINT BEARS soLrFII 6 ! °25'O2" EAST; T! t ENCE NORT! I EASTERLY ALONG SAID CURV E, CONCAVE SOUTttEASTERLY, HAVING A RADIUS OF 100.0~ FEET, A CENTRAL ANGLE OF 17~43'15" FOR AN ARC DISTANCE OF 30.93 FEET TO A POINT OF INTERSECTION WITlt A NON-TANGENT LINE; TIIF. NC[:. SOUTII 65°41'24" EAST FOR A DISTANCE OF 30.00 FEET; 'FI IF. NCE SOUTI! 24° 18'36" WEST FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.024 ACRES OF LAND, MORE OR LESS. SUIU!!CT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGN¢)LI, I3ARFIF. I( & I~RUNDAGE, INC. PROFESSIONAl. ENGINEERS, PLANNERS AND LAND SURVEYORS RICI IAI~) I.. SI IF. IH lARD. P.S.M.'NO.'2474 REI:: ABB DRAWING FILE NO. 5783 ATT£ST: /- / District Manager 1 651 IN WITNESS WH}:R}:OF, the Grantor has cauaed these presents to executed the date and year fir{t above written. HIRXTAGE GRIINS COMMUNITY O~ ozs~z~ . · - 2 ~f 2 - between HERITAX]E GREENS COi~ITY D~q,'E{~OPM~ DIStil, an inde~nden~ ~pecial dist~ icc est~b129~ed pursuant to Chapter 190, Florida S~atu~es, its ~uccessors ~nd assigns, (hereinafter referred to ae 'Grantor'), and the ~OA~D OF CO~TY C~MISSIONERS OF COLLIER ~. F~RIDA, ~ ~ ~VERNING BODY OF COLLIER COUNTY ~D AS EX-OFFICIO ~E ~ING BO~ OF THE COLI. IE~ COUNTY WATE~ SEWER DISTRI~, its successors and assigns, (hereina[t~t ~eier:',~d to ur; "Grantee"). W I ~ESSE~: 'i'ha~ ::aid G~.,nuor, for ~nd in consideration of ~he sum of Ten Dollars (SlO 00) .,n~t ouher good and v~luable consideration Co maid Grantor in h;~nd paid by said Grantee, the receipt whereof is hereby acknow]ed,;~d, has ,~anted, bargained and sold to the said Grantee, and Grantee's heizs, ~uccessors and a~]signs forever, all water and sewer utility tact { it i*~. ]yln,~ wit. bin the following described land, t~ether w~rh aDpUZ~,~n,,n~. ,~;lu~me~t rights for the operation, installation and maint,nanc,~ ~',~ ~a~ [aci]~t,es, situate, lying and being in Collier County, ~.']~,~ ~,{~, ~o w~ : (sc,~ ,~ttached Exhibit "A" which is ~nccrpora[,2. d by r-ference herein.) ;,nd said G~anLor d~,~s hereby ful]y warrant the title to said utility faa.it f[ i,-~, dnd will defend the same against the lawful claims of all i',,t~:;,~ns wlm~n~;o, tw~r. For the purposes of this conveyance, the utility faci] it i,:s co:~veyed herein shall not be deemed to convey any of the lands descri~.ed in Exhibit "A". Grantor and Grantee are used for singular and ~lural, as context tequilas. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, t~ether with the right to enter upon said land, excavate, and take 16G1 mdt. eri;~]~J t,,I LNg: purpr~m,: of constructing, operating, and ~[~ity t;~c~ltc~es thereon. Sran:or and Oran:es are used for s~ngular or pl.ral, as the context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed th~ el,ate and year first a~ve written. ~~~HERITA~E ~RE~NS COMMUNITY A' I~'EST: ~ / ~ ~~-- . ~is,rict Manager ~s M. ~ders, Chair~n _ -2 of 2- 16G! I,ANI) DliSCRII' I ION OF I.',OAI) IUGII'r-OF.WAY LYING WIT].IIN ]'IIASE I-A A I'ARCEI. OF LAND I.YIN(} IN SEC I'ION 211, '[OWNSI lip 48 SOUTI I, RANGE 26 EAS r, CO[.I.IF.I( COUNTY, FI.ORII)A, SAIl) PARCEL OF LAND BEING MORE I'AR'I'iCULARI.Y I)ESCRIBILD AS FOI.LOWS: COff, IMENCING A r TIlE NORTI lEAST CORNER OF S~D SECTION 2~; TIIENCE SOU'] ! I O] '05'15" I~AS'I' AI,()NG ] IIE I~AS'FERLY LINE OF SAID SE~ION 28 FOR ;. DISTANCE OF I ~ O8 FEET '1'O AN IWI'ERSECFION WITI ! T! IE SO~tlE~Y RIG! rr.oF WAY LINE OF IMhlOKALEE ROAD (C.R. $46); TI~NCE SO~I! $9' I~' WEST ALONG SAIl) SOtfrl IERI.Y LINE FOR A DIST~CE OF 19111.]9 FEET TO T! IE POINT OF IIEGINNING OF THE I IEREIN DESCRIBED P~CEL OF L~D; '[i IE'NC[;. SOt£I'I I 119' 10'iX)' %VES'F CONTINUING ALONG SAID SOUTI IERLY LINE FOR A DISTANCE OF 130 88 FElt'F; I I IF. NCI:. SOU'I] [ 01 'o.r06' F. AS'F i'OR A DISTANCE OF 1110.39 FEET TO A POINT OF CURVATURE, 'il IENCE SOUTI IERLY ALONG SAID CURVE, CONCAVE EASTERLY, 1 lAVING A RADIUS OF 24:i95 FEET, A CENTRAL ANGLE OF 18'24'27" FOR AN ARC DISTANCE OF 75 3~1 FI:.ET TO A POINT OF REVERSE CURVATURE; THENCE SOUTI IERLY ALONG SAID CURVE, CONCAVE WESTERLY, tlAVING A RADIUS OF 482 OD FEET, A CEN FRAL ANGLE OF 10°51'24' FOR AN ARC DISTANCE ¢)F 91 31 FEET TO A POINT OF 'FANGENf,:¥; T! IF. NCR SOt£1 II !0' 37'09' EAST FOR A DISTANCE OF 227.22 FEET TO A POINT OF CIJR VATUl~:., 'FI IENCE SOU'IIIERLY ALONG SAID CURVE, CONCAVE WESTERLY, I LasV1NG A RAI)IUS OF 4112.00 FEET, A CENTRAL ANGLE OF 07°3:1'03" FOR AN ARC DISTANCE OF 6.1 52 FI..'F.T TO A POINT OF TANGENC¥; 'II II~f'tCF. SOl.rill 0}'04'06° I:.AST FOlk A DISTANCE OF 391.88 FEET TO A POINT OF CIJRVATURE, '1'11ENCI~ SOL/'1111:RI.¥ AI.ONG SAID CURVE, CONCAVE WESTEILLYo IIAVING A RAI)II IS OF }tX) CIO FEE'F, A CF.N rEAL AI'IGLE OF 37'46'42" FOR AN ARC DISTANCE ()1:197 81 FEIFI' T(J A POINT OF RF. VEItSI.~ CURVATURE; '111EMCF. SOU'I I IWES'I'liRLY ALOI-IG SAIl) CURVE, CONCAVE SOLFFIlEASTERLY, I lAVING A RADIUS OF 410 O0 FEET, A CiJ.rFRAL ANGLE OF 14°58"30" FOR AN DISTANCE OF 107 16 FEET TO A POINT L)F REVERSE CURVATURE; T! II~N(:[:. SOU'FIII:.RLY ALONG SAID CUP, VE, CONCAVE NORT! IWESTERLY, ]lAVING A RAI)IUS OF SO; OO FEET. A CENTRAL ANGLE OF 27'59'45' FOR AN ARC DISTANCE ()1; 2.1,1 31 FEE]' TO A POINT OF REVERSE CURVATURE; 'I'II[:.NCF. SOUTIIWESTERLY ALONG S~II) CURVE. CONCAVE Sou'rlIEASTERLY. IIAVIN(} A RADIUS OF 160 O0 FEE'F, A CI~NTRAL ANGLE OF 49°44'21" FOR AN ARC i)I:S'FAr, aCE OF I]s ,,'o FEF. T TO A POINT OF COMPOUND CURVATURG.; I Ill?Fl(' I! 5r)U'IIII?I(I.Y Al,ON('} SAIl) C.'l II%VE. CONCAVE EASTERLY. IIAVING A I:AIHI rS t)l 12l~) (,~,~ I'EI~'I. A ('I;N I RAI. AIIGI.E OF 04'55'23" FOR AN ARC DISTANCE I:',¥111111'1' A 16Gl '' Of: IO3 I I II:.[:.T '[(7 A POINT OF COhlPOUND CURVATURE; II II.:N¢:I: S(/LI'H IERI.Y Al.ON(; SAIl) CURVE, CONCAVE EASTERLY° I lAVING A RAI)IIJS OF )(X)GO FEI:.T. A CI".NI'I~AI. ANGLE OF 1B'47'5.1" FOR AN ARC DISTANCE ()F ')g ,13 FEI:T I'O A POINT OF 'I'AN(;ENCY; I I IENCF. SOU I Il 25'43',17' [:.AST F(JR A DISTANCE OF 316,55 Ft.:ET TO A POINT OF (/1 ~14 VATUR[:.. ' 'Il II:.NCE SOUTIII':ASTERLY Al.ON(; SAID CURVE. CONCAVE WESTERLY, tlAVING d RAI)IUS OF 2,1000 FEET, A CEN'I RAI. ANGLE OF 22'38'52' FOR AN ARC DISTANCE OF 9,187 FEET TO A POINT OF TAHGENCY; TilENC[:. SOUTll 03'O4'55' EAST FOIl. A DIS'rANCE OF 166.18 FEET TO A POINT OF CURVATURF., TI II':NCl': SO[JTI IERLY ALONG SAID CURVE. CONCAVE EASTERLY. IIAV]NG A RADIUS OF 300 OO FEI:.T, A CF. NYRAI. ANGLE OF 10'47'44' FOR AN ARC DISTANCE ¢)F 56 51 FI:.F.T ']'O A POINT OF RF. VI:.RSE t'URVATURE; 'Il II;.N¢'I:. SO{ITl IF.I(I.Y ALONG SAIl) CURVE, CONCAVE WESTERLY, IIAV~NG A RAI)IU5 OF 550 O0 l=[:.l~'l', A CI:.N'I'I~,AI. ANGLE OF 10'06'52' FOR AN ARC DISTANCE OF 102 .39 FEI:.T 'l'O A POINT OF TANGEN('Y, 'H II:.I'~CE SOUI'II 03'45'.17" F. AS'I' I.OR A DIiTI'ANCE OF 369.01 FEET TO A POINT OF TI II:.NCIL SOt`ITl II,'.RI.Y AI.ONG SAIl) CUR. VE, CONCAVE NOI4,TtlWESTERLY. I lAVING A RAI)IUS OF 4770 FEET, A CENTRAl. ANGLE OF OO°OO'O0" FOR AN ARC DISTANCE OF 7.1 ~12 FEI:T TO A POINT OF TAHGENCY; TI ll:.tl('!! SOUTI I 86' 14'l 3' WEST I:OR A DISTANCE OF 412.$2 FEET; 'l III:.NCF. SOUTll 03'05'09' EAST FOR A DISTANCE OF 60.00 FEET TO A POINT OF ('URVA I UR I:.. H IENCI:. soLrll II:.RLY ALONG SAID CURVE, CONCAVE NORTIIERLY, IlAVING A RADIUS OF 60 00 FL:ET, A CEN~ RAIo ANGI.E OF 162°53'3 I' FOR AN ARC DISTANCE OF 170 58 FI:.I!T 'tO A I'OINT OF REVF. RSE CURVATURE; '1111:NCI: NORTI IF. RI.Y AI.ONG SAID CURVE, CONCAVE SOUTIIEASTERLY, IlAVING A RAI)IIJS OF 25 OO FEET, A CF. NTP, AL ANGLE OF 72°53'38" FOR AN ARC DISTANCE ()F ] I 81 I:F. ET 'lO A I'OINI' OF TANGENCY. '1 I IENCli NORTI I a6' 14'l 5' EAST FOR A I ~ISTANCE OF 272.28 FEET TO A POINT OF ('tJRVA'I tIRI:., '1 I IENCI! EASTERLY Al. ONG SAIl) t?DI',VE, CONCAVE NORTtIWESTERLY, IIAVING A I%~,I)IIJS OF 107 70 FEET, A CEN'EIU',I. ',NGLE OF 90'00'00' FOR AN ARC DISTANCE ¢}F It~,~ 17 FEI!T 'l'O A POINT OF TAIIG;NCY; '1111:f'H'li NOR I II O3',15',17' WI!ST I:O;~ .~ I.)ISTANCE OF 369.01 FEET TO A POINT OF ¢ 'l Ilt, VA'I t ~ 14 l".. I III..NCI:. NORTI IF. RI.Y Al.ON(; SAIl), URVE, CONCAVE WESTERLY, llAVING/, RAI)IIIS, OF 6.1o ex) FEET, A CI.~N3'RAI ;NGLE OF 10'06'52" FOR AN ARC DISTANCE ¢~1. 112 vic I;I:I..'T I¢) A I'OINT (Il; REVI '.SE CURVATURE; '111ENCli NOR II IIiRLY ALONG SAID t URVE, CONCAVE EASTERLY, IIAVING A RADII IS OF 2.10 OO FEF.'T, A CF. NTRAI. ANGLE OF 10'47'44' FOR AN ARC DISTANCE t}l: .15 22 H:.F. I' 90 A POINI' Ol: TANGI NCY; '11 II:NCI: NOR l'll 03'0.1'55' WI:ST FOR A DISTANCE OF 166. lB FEET; TO A POINT OF E,¥11IBIT A 1661 (JUl(VA I Ultl':, TI iI!N('I:. NOR] I IERI.Y Al.UNO SAIL) CURVE, CONCAVE WI.~'I'EitLY, IIAVING A RADIUS OF 300.00 FF.F. r, ^ CF. NTRAL ANGLE OF ! l'Sl'10" FOR AN ARC DIST,.M~ICE OF 62.06 FEET TO A POINT OF REVERSE CURVATURE; TI I I£NCE NORT! IIiRLY AI.ON(] SAID CUP, VE, CONCAVE SOUTI IEASTEI~LY, I lAVING A RADIUS OF 2S.00 FEE'F, A CEN'I'I{ff~L ANGLE OF 88°39'5 I" FOR AN AR(] DISTANC~ OF 35 69 FF.F.T TO A POINT OF TAN(iENCY; 'I 1 lEI'ICE NOIr, T! I 73"43'46' EAST FOR A DISTANCE OF 274.1~ FEET TO A POINT OF CURVATURi:': T! IF. NEE EASTERLY ALONG SAID CUI{,VI:-, CONCAVE $OUTILERLY, itAVIN(] A ff, AI)IUS OF SO0 (JO FEET, A CI:.N'I'RAL ANGLE OF 32"S]'47" FOR AN ARC DISTANCE OF 2117 05 I:EI.;T TO A POINT OF TANGI;-NCY: T! IENCE SOUTIt 73"22~27' EAST FOR A DISTANCE OF 19.2S FEET; 'Fl IENCE NORTll 39°511']0" EAST FOR A DISTANCE OF 65.35 FEET; TI IENCF. NORTi I 73'22'27" WI:..~T FOR A DISTANCE OF 4S. I S FEET TO A POINT OF CURVA]'UItI:.: TI IF. NCE WESTI'.'RLY AI.ONG SAlt) CURVE, CONCAVE SOUTtlERLY, IIAVING A RADIUS OF 560.00 FEET, A CENTRAL AN(~LE OF 32°53'4?" FOR AN ARC DISTANCE OF 321.53 FF.[:.T TO A POIN'F OF TAI4GENCY; T! IENCF. SOU1 II 73"43',16" WEST FOR A DISTANCE OF 2116.65 FEET TO A POINT OF ('IJRVATIJItF., TI IF. NCF. WF.£TF. IU.Y ALONG S^II) CURVE, CONCAVE NORTllEASTERLY, llAVINO A' ItADIIJS OF 25 OO FI:.I~'F, A (,I';FFI'R^L AN(.ILE OF 80°32"26' FOR AN ARC DISTANCE OF 15 14 FI']I~T 'IO A I'OINT OF 'FANGI£NCY; '1111.;NCI:' NOR'Ill 25',1]'47" WI'~,~T FOP, A I~ISTANCE OF 266.~7 FF. ET TO A POINT OF ('UItVATUItE, TIIF. NCF. NORI IIWI.;STI;.RI.Y At. UNO SAiD CURVE, CONCAVE EASTERLY, ilAVING A RADIUS OF ;240 OO FEET, A CEN'I'ItAL ANGLE OF 15°47'54' FOR AN ARC DISTANCE OF 78.7,1 I:F. ET 10 A POINT OF COt, IPOUND CURVATUI~; 'i'111iNL'E NIJRTI IERLY ALONG .~AID (JURV£, CONCAVE EASTERLY, I I^VINID A I(AI)IIJS OF 11,1(~ GO FF.F. r, A CI'~N'[I{A,L AIIGLE OF' 04°~"2~' FOR AN ARC DISTANCE OF 9795 FI.'.I':.T TO A POINT OF COhlI'OUND CURV^TURE; 'Fl I[.'.NCE I'iORT! IERLY ALONG SAID ('UI:VE, CONCAVE SOU'F! IEASTERLY, I IAVING A ItAI)IUS OF IOOOO FEF.'F, A CI£N'FI~,AL ANGLE OF 49°44'21- FOR AN AR(] DISTANCE OF 86.81 FF. ET 'IO ^ POINT OF REVI£1(S[:. CURVATUR£; TI II'~NCF. NORTI I£^$TERI.Y ^I.ONG SAID CURVE, CONCAVE NORTtlWE,~;T£RL¥, IIAVItq(; A RADIUS OF 560 OO FFE'r. ^ CENTRAL ANGLE OF 27°59'44' FOR AN ARC I)IS'I AN¢;F. OF 273 63 FI.~F'I 'IO A I'OIN 1' OF REVERSE CURVATURe; '! I IF. NCF. NOR'I I IF. ff, I.Y AI.ON(~ SAID CUF, VB, CONCAV]~ EASTERLY, llAVING A RAI)ltJS (.Uv .150 OO FI~ET, A CI.;N'FItAL ^NGL£ OF 04 °0~'01' FOR AN ARC DISTANCE (~F 25 05 FliEr TO A POINT OF INTERSE(.'TION WIT!! A NON.TANGENT LINE; '111!!NCI:. NOR'I'll $6°54'33' EAST I'OIt ^ DISTANCE OF 115.2] FEET; II IF. NCF. NOI{'I I I 0 ] °05'27' WEST I:O1( A DISTANC£ OF 129~.20 FEE'F TO TIlE POINT ()1: ilF.(;INNIN(i. '! t'.',¥tlffl~l'l' A ('ON I'AINIt.~G 6.850 ACRES OF LAND, MORE OR LESS. SIJLU[:.CTI' TO i:.ASEMF. NTS AND RESTRIC'rlONS OF RECOi~,D. AGNOI.I, BARUER Sc DRUNDAGE, IN(2. PROFESSIONAl. ENGINEERS, ?[.AHNERS AND LAND SURVEYORS BY RICIIARI) 1, SIIL:IqIARI.) I'.I.,S, NO. 2474 DATE RI:.F,: Al.TI) L)WG FII.E NO 5783 12-4,15Y6 I)ES 1 6Gl 4 I~XIIIBIT' A 16G1 43 4! I.ANI) I)F. SCI(IIrI'ION OF I.IFI' STATION EASEMENT A PARCEl° OF I.AND LYING IN LOT 159, BLOC~ 'B' OF TIlE PROPOSED PLAT OF HERITAGE GREENS IN SECI'ION 28, TOWNSilIP 48 SOUTtt, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEl. OF I.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT l'l I E NOR'I! I EAST CORNER OF SAID SECTION 28; TtlENCE SOUTtl 03°05'15' EAST AI.ONG T! IE EASTERLY I. INF. OF SAID SECTION 28 FOR A DISTANCE OF 100.08 FEET TO TI I E SOUTI IERLY R IGt IT-OF-WAY I.INE OF IMMOKALEE ROAD (C.R. 846); 'Fi IENCE SOUTH 89° I0'00' WEST ALONG SAID SOUTHERLY RIGttT-OF-WAY LINE FOR A DISTANCE OF 1981.39 FEET; TtlENCE I.EAVING SAID SOU'DtERLY LINE SOUTH 03°05~27' EAST I:OR A DISTANCE OF 1576.33 FEET; TttENCE SOUTH 68°04'32' WEST FOR A DISTANCE OF 176.68 FEET TO A POINT OF CURVATURE; TIIENCE WESTERLY ALONG SAID CURVE, CONCAVE NORTIIERLY, ltAVING A RADIUS OF I0.00 FEET, A CENTRAL ANGLE OF 46°i4'04' FOR AN ARC DISTANCE OF 8.07 F E ET TO A POINT OF TANGENCY; THENCE NORTtl 65°41'24' WEST FOR A DISTANCE OF I 15.00 FEET 7'0 TIlE POINT OF BEGINNING OF THE IIEREIN DESCRIBED PARCEL OF I.AND; TIIENCE CONTINUF. NORTti 65°41'24' WEST FOR A DISTANCE OF 37.00 FEET TO A POINT OF INTERSECTION WITtt A NON-TANGENT CURVE FROM WtlICi! TIlE RADIUS POINT BEARS SOUTll 61~25'02" EAST; TI IENCE NORTI IEASTERLY ALONG SAID CURVE, CONCAVE SOUTHEASTERLY, tlAVING A RADIUS OF IO0.0~ FEET, A CENTRAl. ANGLE OF 17°43'15' FOR AN ARC DISTANCE OF 30.93 FEET TO A POINT OF INTERSECTION WITI! A NON-TANGENT LINE; TliENCE SOUTll 65°41~24' I'.'AST FOR A DISTANCE OF 30.00 FEET; TIIENCE SOUTI I 24° 18'36~ WI:~;T FOR A DISTANCE OF 30.00 FEET TO TIlE POINT OF BEGINNING; COI~rAINING 0.024 ACRES OF LAND, MORE OR LF~S. SUIISECT TO EAS[:'MI.;NTS AND RESTRICTIONS OF RF. CORD. AGNOLi, I:IARBF. R & BRUNDAGE, INC. PROFESSIONAl. ENGINEERS, PI.ANNERS AND LAND SURVEYORS BY .... ~-.- RICIlARD L Sl'IEPItARD, lr .S.M. NO. 24'/4 REI:; gall DRAWING I'II.F. NO, 5783 tt'p 0,t ,/o~,e'? OWNER' S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared ,James M. Reinders, who to me is well known, and having been duly' sworn and under oath, deposes and states: I . M,/ namr- ts ,Tames M. Reinders. ! am over the age of twenty-on.? ~2]) ye;~¥s, am ssi juris, and have personal knowledge of the facts contained herein. 2. [ am ~he Chairman of the Board of Heritage Greens Community Development District, a local unit of special put,se Jocal government organized and existing in accordance with the Un]fc,~m Community Development District Act, Chapter 190, Florida St,lttit,~l, ,~. ,~m~,rl~J*~rj, r~'~ll~ ~ O[ said real property located at tlerit, age G~,~,~nr~ Pha~e IA, and legally described on Exhibit A. ~. All persons, firms, corporations, including the general contracto~ and all subcontractors, who have furnished services, Jabot or mater~aJs accordin9 to plans and specifications, or extra items, us~,d in the construction er repair of the water and sewer utiZity faci~it~e~ on the real e~tate hereinafter described, have been paid in full and that such work has been fully completed and ,~ccepted l,y tim r~wner. 4. ~o claims have been made to ~ner by, nor is any suit now pendin~.] on l,,~half of, any contractor, subcontractor, la~rer or m,,teri;ilma~, ,tnd [urthe~- no chattel mortgages or conditional bills ot sa]e ha,de been given ~r are now outs~anding as to the subject ut ility facil~tien placed upon or installed in the aforesai~ pr'emisea. 5. The tit i 1 i t:y faci 1 it les described herein are not included i~, encumbered by, or subject to any real property ~rtgage, -1 of 2- 166'I chart, e! m(_,rtg,lge, a~curity agreement, Uniform Commercial Code financi~g stdtement, or any other encumbrance. 6. As and on behalf of the owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, ,~s the governing body of Collier County and as Ex- Officio th,; Governing Board of the Collier County Water-Sewer District harmless against any lien, claim or suit by any general contractor, ~Jubcontractor, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the context rec]~i res o The utility facilities referred to herein are located within the r,~,~l p~Ol,,.rt.y d.:s~'~'fbed in the attached Exhibit I"llRTI{L'~ AFFIANT SAYETH t/AUGIIT. I~A'I'ED t. hi:; ff rt,~y of .... 1997. ha i ~an SUBSCRIBED AND SWORN tO before me this /~ day of .......... 1997 by .~ame~; M. Reinders. ~.~v~. I S~na~ure o~ Notary Publi~ ~(-(~(~~.1~.!~] Print, ~pe ~r Stamp ~tssioned Name of Notary Public Personally Known OR Produced Identification Type ,,t [dentif ~c ,tion Produced I,ANI) I~liN¢;RIl'l ll)N ¢)1; I,:()Al) RI(;II i'.OF-WAY LYING WI'l/liN I'IIASE I-A A I'AI(CI;I. ()1: I.AND I.YIN($ Ihl SI:C I'ION 28, TOWNSIlIi' 48 soU'rll, RANGI~ 2~ I~AST, ('I)I.I.II~R COIJNTY, I.I.(~RII)A, SAIl) PARCEL OF LAND IIEIN~ ~IORE I'AI(TICI II.ARI.Y t)ESCRIUED AS FOI.LOWS: ('(~NIMENCIN($ A'F T! IE NORTI II~AS'I' CORNER OF S~D SE~ION 2~; T! IENCE SOUl II O}'OS'l S' liAS'I' Al. ON() ~I II~ EASTERLY LINE OF SAID SE~ION 25 FOR A I)IS'I'ANCI~ OF I~ Og I;[~l~'l' TO AN IN'I'ERSE~ION WITII TIlE RI(}I IT-OF WAY LINE OF I~IhlOKAI.I~E ROAD (C.IL ~46); T! ~NCE SO~I ! WEST ALONG SAIl) SO~IIERI.Y LINE FOR A DISTANCE OF 19S1.39 FEET TO TIlE PI)IN F 1)1; III (HNUIN(; {)F 'I II1~ I II.RI~IN DI~SCRIIIEI)PARCEL OF LAND, I I II~N~;I~ S~)tJ I i I ~9' I~FI~)' Wli~; i' ('¢)tI'[INUIN(} AI.ONO SAID SOUTI IERLY LINE FOR A I)IS'I AN('I~ ()1. I }ORR I:[~I~'F, II II~N(,li St)lllll O I'I~l'i~," I!AN I I.I sit A I)IS'I'AN(]I~ OF 150, }9 FEIFF TO A POINT ( URVAI lJRl!, '111i~NCE SOUTI IERLY AI.ON~ NAIl) CURVE, CONCAVE EA~Y, I~NG A RADIUS OF 24].9S FEET, A CENTRAL ANGLE OF 1~'24~7' FOR ~ ~C Die. CE OF 7~ ]g I:[~ET TO A POINT OF ItEVI~RSE CURVATU~; '1111~NCI~ SO~! IERI.Y ALONO SAID CURVE, CONCAV~ W~ST~Y, I ~VINO A RAI)ll IS OF 4~2 ~ FEI~'I', A CEN FRAI. AHOLI~ OF I0'51'24' FOR AN ~C DIST~CE I)I: 91 33 FI~ET 1'O A POINI' OF '1 'I1 IENCE SOIFI'Ii IO'3T~' EAST FOI~ A DISTANCE OF 227.22 FEET TO A POI~ OF ('IJRVA I '1111~Nt'i: S¢~IJ1 III~RLY AI.ON(J SAID CURVE, CONCAVE WEST~I(LY, I~NG A RAI)IIJS OF ,1~2 ~ FEE'F, A CI~NTRAI. AN(;LE OF 07'33'0]' FOR AN ~C DIST~CE OF 6J S2 I'lil~ !l l(} A I'OIN'l' OF 'FANGI{NCY. '111ENCI~ SOUTI i O~'o,r~' EAST FOR A DH:'FANC~ OF 39188 FE~T TO A POI~ OF CIJItVA'I Ti II~tiCl~ SOt~l III:RI,Y AI.()NG SAIl) CURVI~. CONCAV~ W~T~RLY, llAVlN6 A RAIHIJS OF 3~ t~) i:l~l~'r. A CI~N~ RAL ANGI.E OF 37'46'42' FOR ~ ~C DIST~CE (U: 197 ~1 I:I~ET TO A POIN-I' OF RI~VI~RSI~ CURVATUI~; 'II IENCI~ SOIJIlIWESTI~RLY AL()MG SAIl) CURVE, CONCAVE SO~llEASTERI.Y. I IAVII4(; A RAi)IIJS OF ,I i0 ~ FEET, A CI:FFF~I. ~GLE OF 14'5S~0' FOR I)IS'FANCI~ OF 107.16 FEET TO A POINF OF REVERSE C~VA~RE; '11 II~Fl(.'l,. SOtI I I I[~RLY Al.ON(; SAIl) CURVE, CONCAV~ NORTI IWESTERLY. I IAVINO A RAIHI/S OF ~t~ ~ I:i~ET. A CEN'I RAI. ANGLE OF 27'5~4~" FOR AN ARC DISTANC~ ()1; 2,H ] I I-l~liT [O A I'O!~1' OF RI~VERSt~ CURVATU~; I l ll~FICli SOUTI IWI~STERLY ALOF/G SAIl) CURVE. CONCA~ SO~IlE~TE~Y, I IAVING A RAI~IUS OF I(~ ~ FEIFI', A CE~I~L ~GLE OF 49'44~!' FOR ~ ARC I )lSi Atl('l? ()F 11~ ~ FI?ET T{J h I'O1~ OF COMPOUND CURVA~R~; II II:re('~ ~()III[II~RI.Y AI.ONC; SAIl) CIUtVE, CONCAVE EASTE~Y, ilAVING A I:AIHI]~ (JF 12(~J (~ I.!~1:'1'. A (;l~H IRAI. ANGLE OF 04'55'23" FOR AN ARC DISTANCE XIIII;I'I' A 1661 ¢~1: PO! !; FEET TO A i'(~Nl' (}F ¢'OI~tI'OUND CURVATURE; I !;F.N¢:F. SOU ~lii:ff, i.Y Al.ON(; SAil) CUKVE, CONCAVE EASTERLY, IIAVING A RAI)IUS OF 30(.~ 00 FF.E'I', A CENTRAl. ANGI.E OF 111'47'54' FOK AN ARC DISTANCE OF 98 43 FEET TO A I'OIN f OF '1AN(;ENCY; '111ENCE SCUT! I 25'43',17' EAST FOIl A DISTANCE OF 316.55 FEET TO A POINT OF CURVA'FUI~.F., ' 11 IENCF. SOtFI'III~ASI'IiRLY ALONG SAID CURVE, CONCAVE WI:.STERLY, ! lAVING A RAI)IlJS OF 2,10.00 FEET, A CEN'I'i~AL ANGLE OF 22'35'52' FOR AN ARC DISTANCE OF 9,1 87 FF.F. 1' TO A POINT OF 'FAtlGENCY; TI IF. HCI-~ SOUI'II O~'04'55" EAST FOR A DISTANCE OF 166. Iii FEF. T TO A POINT OF CURVATURF., TI IF. NCF. SOLFfl IF. RI.Y Al.CNG SAID CURVE, CONCAVE EASTERLY, llAVING A RAI)IIJS OF 300 cO FI".F.T, A CEH'I'RAI. ANGLE OF 10°47'44" FOR AN ARC DISTANCE (}F 56 53 FliI~T 'i'O A i'()IN'I' OF IH:.Vf:.RSE CURVATURE; 1111iN~'F. SOll'I! IF. RLY Al.CNG SAID CURVE, CONCAVE WESTERLY, IIAVING A RADII IS OF 580 CO FIeF. T, A CF. NTI~AL ANGLE OF 10'06'52' FOR AN ARC DISTANCE (}1:1o2 ~9 FI.lET TO A I'(71N'F OF TAI,IGEN('¥; '1111;.t4CF. SOIJTII O~'45',i7' EAS 1' I:¢JIt A DISTANCE OF 369.01 FEET TO A POINT OF (~ IRVA'I UI~. F., II Il(NC;l! SOU'I1 IF. RI.Y AI.¢)NG SAIl.} CURVE, CONCAVE NORT! IWESTERLY, I lAVING A ItAI)IIJS {)1:,17 70 FF. li'i'. A ¢'F.N lEAl. ANGI.I'~ OF 90'OO'OO' FOR AN ARC DISTANCE (iF 7.1 ~)2 Fl:l: !' TO A I'OIN [ (}F 'I'^I~IGENCY, TI I!!N('I! SOU1 11 86° 14'13' WESI' IOR A DISTANCE OF 41252 FEET; 'I I IF. NCI! SOUl II O] °OS'O~)' EAST l:OR A DISTANCE OF bO,00 FEET TO A POIN'F OF CIJR VA'[ URF., T! IF. NCF. S(TU'! IIEItLY ALONG SAID CURVE, CONCAVE NORTilERLY, IIAVING A RADIUS OF 60 CO FEF. T, A CEN I RAi. ANGLE OF 162°53'3 I" FOR AN AEC DISTANCE ¢)1:170 55 FF.I.:'F TO A I'OIN'F OF REVF. IILSE' CURVATURE; ~ I IF. NCE NOR'II IERLY ALONG SAID CURVE, CONCAVE SOLITI IEASTERLY, I lAVING A RAI)IUS OF 25 CO FEE'F, A CF. NI'RAI. ANGLE OF 72'511'35" FOR AN ARC DISTANCE OF J 1 81 FEET 'I O A POIN'F OF TANGI'~NCY; TI IF. NCF. NOR1 I1 86' 14'13' EAST FOR A I)ISTANCE OF 272,28 FEET TO A POINT OF ( fiji( V A'IUIt F.. '1111.~NCI.~ FAS II:R! Y AI.ONt; SAIl) ~"IiltVF., CONCAVE NORTIIWESTERLY, IIAVING A ItAi~IIJS OF IO7 70 I;l']:.l'. A CI~H'IItAI. ',FI~iLE OF 90'0000' FOIl AN ARC DISTAl'iCE (.Jr: 16~ 17 I.I.]i'l' 'I'O A P(71NT (71: TAI IG '1 III. N('I.~ NOI( I II OJ ',1Y.I 7' s,¥1.~S'l' FO!' .ss IHS'I'ANCE OF ~69.OI FEE'F TO A POINT OF (,Hit VA I IJIt, F., '1111~NCF. N(Jlt'I'I Ii:I~I.Y ALONG SAID, I. JIC. VI:., CONCAVE WESTEIU.,Y, tlAVINO/, ItADIIIS OF 64o 00 FEF. I', A CF. NTIC. AI .ssI'IGLE OF 10'06'52" FOR AN ARC DISTANCE (}F 112 9:$ FF.F.T '1 ¢7 A POINI' OF P, liVI .',SE CURVATURE; '111F. NCI:. NOR'Il IERLY ALONG SAID ~ URVE, CONCAVE EASTERLY, IIAVING A itAI)IUS ()F 240 00 FEF. T, A CF. NTRAI...\NGLE OF 10°47'44" FOR AN AEC DISTANCE (}1:45 22 FEI:.Il l'O A I'OINT O1: 'I'ANGI NCY; '1'111;.NCI~i N(.}K I Il 03'0,I'55' WEST F',H~, A DISTANCE OF 166.18 FEET; TO A POINT OF ~ 4 I",.¥/lltilT 4 16G1 ('I ;I~ VA'I UP, F,. '111F. NCI'~ N(JR'IIII~I{I.Y Al.ON(} SAIl) CURVE, CONCAVE WES'I'ERLY, liAVING A RADIUS OF 300 00 FI';F.T, A CF. NI'RAI, ANGLE OF Ii °5 PI0" FOR AN ARC DISTANCE OF 62 oa FEET TO A POINT OF REVERSE CURVATURE; TI IENCI[! NORII IERLY AI.ONG SAID CURVE, CONCAVE SOUT! IEASTERLY, I lAVING A RADIUS ¢)1" 25 OO FEE'F, A CENI'RAL ANGLE OF 85°39'51" FOR AN ARC DIS'rANCE OF 38.69 FEF. T TO A POINT OF TANGENCY; TI IElqCli NORT! I ?]°43'46' EAS'r FOR A DISTANCE OF 2?4.18 FEET TO A POINT OF CIJRVAI'UIU:.; 'Fi II:.NCE EAS'FERLY AI.ONG SAIl) CURVE, CONCAVE SOUTI IERLY, I lAVING A RADIUS OF 500 OK) FEF/F, A CENTItAt. ANGLE OF 32°S3'47' FOR AN ARC DISTANCE OF 257 O$ I:El~:l' 'FO A POINFI' OF TANGENCY; TllENCE SOUTll 73'22'2']' EAST FOR A DISTANCE OF 19.25 FEET; TllEI'K:E NORTII 39°5~'30' EAST FOR A DISTANCE OF 65.35 FEET; l'l IENCE NORIt I 73'22'27' W[iST FOR A DIS'rANCE OF 45.15 FEET TO A POIN'r OF CURVATURE, T! IENCE WF.S'[ERLY ALONG SAiD CURVF., CONCAVE SOUT! IEI*,LY, llAVING A RADIUS OF 560 OO I. EI-TF, A CENTRAL ANGLE OF 32°53'47' FOR AN ARC DISTANCE OF 32153 FEE'r 'ro A POINT OF TANGENCY; TilENCE SOU[Ii 73°43',16' WEST FOR A DISTANCE OF 286.68 FEET TO A POINT OF CIJRVATUItE, '1'11ENCE WI.~S'II:.RI.Y AI.ONG SAIl) CURV[i, CONCAVE NORTI IEASTERLY, iiAVING A RADIUS f)F 25 tX) FF. ET, A CENTRAL ANGLE OF $0°~i2'26' FOR AN ARC DISTANCE OF t5 I.I Flili'F TO A POINT OF TANGI!NCY; '1111:.NCI! NORTI ! 25'4Y,17' WEST FOR A DISTANCE OF 266.87 FEET TO A POINT OF CIJRVATUItL:; TI IF. NCL: NORll IWES'I F. RIoY AI.ONG SAID CURVE, CONCAVE EASTERLY, ilAVING A I{AI)IIJS OF 2,tO tX) FEET, A CENTRAL ANGLE OF 15°47'54° FOR AN ARC DISTANC£ II1:78 7,I I:I:I..'T 'I O A I'OIN'I' OF COMPOUND CURVATURE; '1 IIIiNCF. NOR'IIlF. RI.Y AI.ONG SAID CURVE, CONCAVE EASTERLY, llAVING A RAi HUS OF 1140 OO I.l!li I', A CF.N I'RAIo ANGLE OF 04°55'23- FOR AN ARC DISTANCE (IF 9795 I:EF.I' '10 A POINT OF ('OMi'OIJND CURVATURE; 'IIIENCI£ NOR'I I IERI.Y AI.ONG SAID ¢'UI'.VE, CONCAVE SOUTIlEASTERLY, IL&VINO A RAI)IUS OF IOO O0 FI'~ET, A CF. NTRAI. ANGLE OF 49°44'21' FOR AN ARC DISTANCE OF g6,$1 FI!F.T 'FO A I'OINT OF RI.:VF.I~St,: CURVATURE; T! IENCI': NORT! IEASTF. RI.Y ALONG SAIl) CURVE, CONCAVE NORTtlWESTERLY, II^VIN(; A RADIUS OF 560 OO Fl!ET, A CIiNTRAL ANGLE OF 27°59'44' FOR AN ARC IIIS'I'ANCI£ OF 273 63 FEI:'T TO A POINI' OF REVERSE CURVATURE; '111ENCF. NC)RTl IERI.Y ALONG SAID CURVE, CONCAVE EASTERLY, IL&VINO A RADItJS OF 350 Cg) FEF/F, A CENTILAL ANGLE OF 04°06'01" FOR AN ARC DISTANCE OF 25 05 FI!E'F '1'¢) A POINT OF INTERSI£CI'ION WITI! A NON-TANGENT LINE; '1111/NCI.~ NOR'Ill 86'5,1'13' EAST FOR A DISTANCE OF 115,23 FEET; 1 ! Iii NCI! NOR'! I I 03'05'27' WF. ST F¢ IR A DISTANCE OF 129S.20 FEET TO T! IE I'OINT OF IIF. GINNIN¢i. I ¥11IBIT A CONTAINING 6.850 ACP, F~ OF LAND, MORE OR LESS. SUBJECT TO I.'.ASEMEN'I'S AND RESTIt, iC'FIONS OF KECOP, D. AGNOI,I. BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS. I'I,ANNER5 AND LAND SUI~,VEYORS BY I;,ICIIARD L SllEiqiARD I'.L.S. NO. 2474 DATE P, EF AIIB DWG FII.F. NO 5781 12-445Y6 DES 4 EXHIBIT A ~ 43 4! I.AND DESCRIPTION OF LIFT STATION EASEMENT A PARCEL OF I.AND LYING IN LOT 159, BLOCK "B" OF TIlE PROPOSED PLAT OF ttERITAGE GREENS IN SECTION 28, TOWNSIIlP 48 SOUTIt, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID PARCI:'L OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TI IE NORTIlEAST CORNER OF SAID SECTION 28; THENCE SOUTii 03°05'15' EAST ALONG TIlE EASTERLY LINE OF SAID SECTION 28 FOR A DISTANCE OF 100.08 FEET TO TIlE SOUTliERLY RIGIIT-OF-WAY LINE OF IMMOKALEE ROAD (C.R. 846); Tl lENCE SOUTll 8cP 10'00'' WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 1981.39 FEET; TIIENCE LEAVING SAID SOUTHERLY LINE SOUTH 03005'27'' EAST FOR A DISTANCE OF 1576.33 FEET; THENCE SOLrrH 68°04'32'' WEST FOR A DISTANCE OF 176.68 FEET TO A POINT OF CURVATURE; TIIENCE WESTERLY ALONG SAID CURVE, CONCAVE NORTIIERI.Y, ltAVING A RADII,IS OF lO.00 FEET, A CENTRAL ANGLE OF 46°14'lM'' FOR AN ARC DISTANCE OF 8.07 FEET TO A POINT OF TANGENCY; THENCE NORTI! 65°41'24'' WEST FOR A I)ISTANCE OF 1 i 5.09 FEET TO TIIF. POINT OF BEGINNING OF TIlE IIEREIN DESCRIBED PARCEL OF I.AND; 'I'IlICNCE CONTINLJE NORTIi 65°41'24" WEST FOR A DISTANCE OF 37.00 FEET TO A POINT OF INTERSECTION WI'I'll A NON-TANGENT CURVE FROM WIIICH THE RADIUS POINT BEARS SOUT! ! 61 °25'02" EAST; Ti IENCE NORTIJEASTERLY A LONG SAID CURVE, CONCAVE SOUTHEASTERLy, HAVING A RAD[US OF 100.00 FEET, A CENTRAL ANGLE OF 17°4Y15" FOR AN ARC DISTANCE OF 30.93 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE; T! IENCE SOUTil 65041'24" EAST FOR A DISTANCE OF 30.00 FEET; TllENCE SOIZFII 24°18'36" WF. ST FOR A DISTANCE OF 30.00 FEET TO TIlE POINT OF BEGINNING; CONTAINING 0.024 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLi, [JARIIER & BRUNI)AGE, INC. I'ROFF. SSIONAI. ENGINEERS, PI.ANNERS AND LAND SURVEYORS RI~-~'A~-~-~..'~'t~-~RD. P.S.M. N~O. 2474 RI.F AIIIII)RAWINtil. II.IiNI3 THL~; AGREEMENT is entered into this 19t.__~h day of August . 1997. by and between the HERITAGE GREENS COM'MI~'ITY DEVELOPMENT DISTRICT. an independent special district established pursuant to Chapter 190. EI.~. hereinafter referred to as 'District'. and HERITAGE GREENS CObOl'UNITY ASSOCIATION, a Florida not-for-profit corporation, hereinafter referred to as the 'Association'. WHEREAS, the District has the authority to exercise powers to finance, fund. plan. establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for roads, water management, water supply, sewer, street lights, security and parks and recreational facilities, among other powers, including all powers necessary. convenient, incidental or proper in connection with any of the powers, duties, or purposes authorized by Chapter 190. Florida Statutes: and WHEREAS. the District desires to contract with the Association to operate and maintain certain of the District's systems and facilities: and WIIEREAS. thc Ass~x:iation desires to operate and maintain the District's systems and facilities; NOW. TllERE'FORE. thc District and the Association agree as follows: 1. The above recitals are true and correct and incorporated by reference herein. 2. The Association .,.hall operate and maintain the following systems and facilities of the District at a minimum in compliance with all applicable statutes, ordinances. administrative rule)/and regulations, and permit requirements: Roads including all landscaping and sidewalks. Irrigation water facilities not owned by Collier County. Security including guardhouses. D. Wa:er management and drainage. E. Parks. common areas and recreational areas including conservation areas. 3. Ail other operation maintenance responsibilities for the District's systems and facilities not otherwise addressed in this Agreement shall remain the sole responsibility of the District. a, District shall pay Association the sum of S10.00 per year for the performance of the operation and maintenance responsibilities set forth in this Agreement. 5 The term of thi.~ Agreement is for a period of five years commencing on October 1. 1997. and shall be automatically renewed for additional one year periods after October i. 2002 unless either pan)' providen the other pan)' at least 90 days written notice of its intent not to renew. District may cancel this Agreement at any time for any reason in its sole discretion upon providing at lea~! '90 da)'~ written notice to other par~y of its intent to cancel this Agreement. 6. An.~ociation ~hall be .~lely responsible for the staffing, budgeting, financing. billing and collecti,~n of fees. as~.~sments. ,,er",'ice charges, etc. necessary, to perform the operation and maintenance responsibilities ,,,et fi~rth in this Agreement, 7. As,,ociation shall procure at its expert,;e and at all times include the District as an additional named insured ,~n comprebensi~'e liability insurance policies lo ecover the operation and maimcnanc¢ re~lm~n.~ibilitics .,,ct f~rth in this Agreement. Comprehensi~'c liability insuranc, e shall be in amounts determined by District Manager. Association. in consideration of Ten ($I0.00) Dollars. the receipt and sufficiency ,~1' which is accepted, thxough the signing of this document. shall hold harmless, defend and indemnif) District. its agents and employees, from all claims. suits and atriums twbethcr fl~r negligence or otherwise), including claims for attorney's fees and -2- all costs of litigation, and judgments of any name and description, arising out of or incidental to the perfo~ of this Agreement or work performed thereunder. This Section does not pertain to any incident arising from the sole negligence of District. 8. This Agreement may only be amended in writing executed by both parties. 9. This Agreement shall become effective on October 1. 1997. IN %'rI2~'ESS WH'EREOF. the parties hereto have executed this document the day ~ year fir~ above written. Atlest: District Secretary HERrrAGE GREENS CO~IUNITY Its: ChaitTi~f~ HERrrAGE GREEN. N~ CO,~LMUNITY ASSOCIATION, By: t" -3- 16e, ~ OF ~G THE ~~E ~ CONLAfUNITY D~O~ DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens C, ommt~nlty Development District was held Monday, August 18, 1997 at 9:00 A.M. at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Charles F. Bailey Peter Comeau Chairman Supervisor Supervisor Also present were: James P. Ward Bruce Anderson Dist~ct Staff' Attorney FIHST ORDER OF B~ Roll Call Mr. Reinders called the meeting to order at 9:15 A.M. and stated the record will reflect that Supervisors Comeau, Reinders and Bailey are present. Mr. Reinders stated our sole purpose today is to continue this meeting to a time certain tomorrow. Our r~ason for that is to try to save a few dollars in terms of consultants as there is also another meeting tomorrow when it will ~ easier to get all of the participants together. Unless somebody has anything in particular, I would rather wait until we can get more people in person or present by phone to carry on with our scheduled public hearing. Mr. Anderson asked do we have any comments or changes that anybody has on the Operation and Maintenance Agreement with the Homeowners Association that was distributed at the last meeting? We need to approve that tomorrow and I wanted to bring a final copy for signatures. Mr. Reinders stated I am fine with it. Mr. Comeau stated I saw no corrections required. Mr. Anderson asked what i~ the name of the homeowners association? Can somebody call me back with that today, I need to insert that? Mr. Comeau stated I ~ll do so. Mr. Keinders asked does anybody have anything else before I call the vote on the motion to continue to nine o'clock tomorrow morning? {O~..' MOTION by Mr. Comea'u seconded by Mr. Reinders[ wuth all in favor the Public Hearing was Continued to[ Tuesday, August 19, 1997 at 9:00 A.M. at 277 N. Collier[ Boul~ardI 1Vaples1 Florida. Monday 1.~0 P~M. 1. 2. 3. AGENDA m~~~ COMMUNn~ D~OPMIlVT DISTRICT 277 N. Collier Boulevard Marco Island, Florida Roll Call Approval of th~ Minutes of the July 30, 1997 Meeting Public Hearing on the Adoption of the Budget for Fiscal Year 1997-98 and Consideration of Developer Funding Agreement A. Attorney B. Engineer C. Manager Supervisor'e Request~ and Audience Commerlt~ Consideration of Funding P~quest~ 7 Adjournment 16Gl State ~ C~ ~f Cmttt~ ~ tt I ~ ~tt~ mt ~t~, t~ ~ ~t~ t~ ftrtt ~tt~tt~ of t~ ltt~ ~ of ~ertt~t; ~ BfftMt f~t~r ~ t~t ~ ~t ~tt~r ~td ~r drift, r~te, c~tztt~ ~ ref~ for t~ ~tt~tt~ In t~ ~td AO S~ACE: 64.0CX) f~C~ ~ltJO c~: C~/C~/97 ' .7'?. ' MINIfFES OF MEETING HERITAGE GREENS COM]VfUNTrY DEVELO~ DISTRICT 1 SG? The recessed meeting of the Board of Supervisors of the Heritage Greens Community Development District which was held Monday, June 9, 1997, reconvened on Wednesday, June 18, 1997, at 10:30 A.M. and recessed was reconvened on Monday, June 23, 1997, at 1:00 P.M. in the offices of Ronto Development, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Raymond Hams Charles F. Bailey Ralph Klass Peter Comeau Chairman (By Telephone) Vice Chairman Assistant Secretary Supervisor (By Telephone) Supervisor (By Telephone) Also present was: James P. Ward Bruce Anderson Nancy Kerst Assistant Manager {By Telephone) Attorney (By Telephone) Recording Secretary (By Telephone) ~ ORDER OF BUSINESS Roll Call Mr. Reinders called thc meeting to order at 1:00 P.M. He stated this is a continuation of the meeting to this time and date. Does the Manager have anything to bring up? Mr. Ward stated no other than to put of record it is June 23rd at one o'clock and this is a continued meeting of the Heritage Greens Community Development District and the record will reflect that all members of the Board are present. I assume Mr. Harris is available in person at Ronto's office, Mr. Harris responded yes I am. Mr. Ward stated that is all I ne~ to put of record. Mr. Reinders stated we originally embarked on this series of continued meetings for the purposes of being able to timely provide Notice to Proceed to Boness under our contract with them once the golf course loan had closed. I am in the midst of that closing along with Mr. Klass and I suspect we will complete that in fairly short order and see our loan documents recorded during the course of the day tomorrow and various sums disbursed. We had not objected to Boness proceeding with work, we have received their first draw request, we have had it reviewed by the Engineer, we passed it along through Mr. Ward's office to the Trustee, all with the thought that once we knew the golf course loan had closed we would send Notice to Proceed to Boness and make timely payment of their first draw. That is our status. Are there are comments or questions? Mr. Comeau stated I understand U.S. Home's attorney has just been in touch with your attorney. Mr. Reinders stated that is correct. Mr. Comeau stated I believe a solution has been reached in order to move forward. Mr. Reinders stated I understand that we are in accord on the community association agreement which was the last outstancLing item. Mr. Comeau stated what I would like to do if it is agreeable is upon notification of Mr. Farqhuar that the loan has been closed and funds disbursed if he could give us written notification of that completion and I would like to have the C.D.D. Board in the position to authorize the Chairman to issue the Notice to Proceed to Boness based on receipt from Mr. Ward's office and also U.S. Home that this loan has been closed. Mr. Reinders stated that is a motion that once we can get confirmation from John Farqhuar's office to our Manager and to U.S. Home that the loan is closed, that I am then authorized to send the Notice to Proceed, we will make the first requisition payment and proceed accordingly. Is that the motion? blr. Ward stated let me make one change to the motion and that is to authorize your Enl~ineer to issue the Notice to Proceed in accordance with the contract documents. Mr. Reinders stated I assume you accept that change to your motion Mr. Comeau. Mr. Comeau stated that is correct. Mr. Reinders asked do I have a second to that motion? I On. M~)TION'"' by"Mr. (!'~mea'u s~c0r~d6d"b~" ~]rl BaiieYl with all in favor the Engineer was authorized to issuel the Notice to Proceed to Boness in accordance with the[ contract document.s upon notification to the District[ Manager and to U.S. Home,,,, that the,, loan has closed, ' I 2 1997 16Gl 4,mi Mr. P~nders asked is there any other business? If not, I will entertain a motion to adjourn the meeting. On MOTION by Mr. Bailey seconded by Mr. Harris withI all in favor the meetin~ was adiourned at 1:05 P.M. I ~istant Secretary 3 AGENDA DEV~O~ DISTRI~ Monday Jtu~ 23, 1997 10:30 A.M. Con~ued from Jtme 18, 1997 277 N. Collier Boulevard Marco Island, Florida 1. Roll Call Presentation of Proposed Budget for Fiscal Year 1997-98 and Consideration of Resolution Approving the Budget for the Purpose of Setting the Public Hearing Su~'Re~o~ A. Attorney B. Engineer C. Manager 4. Supervisor's Requests and Audience Comments 5. Adjournment M/NUTES OF ~G ttERITAGE GREENS CObiNIUNITY DEV~_O~ DISTRICT The recessed meeting of the Board of Supervisors of the Heritage Greens Community Development District which was held Monday, June 9, 1997, was reconvened on Wednesday, June 18, 1997, at 10:30 A.M. in the offices of Ronto Development, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Raymond Hams Charles F. Bailey Ralph Klass Also present was; Chairman (By Telephone) Vice Chairman Assistant Secretary (By Telephone) Supervisor (By Telephone) Bruce Anderson Attorney (By Telephone) Donna Holiday Recording Secretary (By Telephone) FIRST ORDER OF BUSINESS Roll Call blr. Reinders called the meeting to order at 10:30 A.M. and stated that Messrs. Bailey, Harris, Klass and Reinders were present representing a quorum. Mr. Reinders stated this is a c~mtinuation of the meeting of June 9 and we set this up on the expectation that the loan on the golf course would be closed and that this would be our opportunity to formally authorize Boness to proceed with their development work under the contract. That loan has not closed and now appears scheduled to close on Friday of this week. Accordingly, I don't think there is much we can do. My intent would be to entertain a motion to continue this meeting to Monday of next week at the same time and in the same manner. We might wait a minute for Air. Ward to come on the line to see if there is anything further before we do that. Mr. Anderson stated Air. Ward and I both have a Naples Heritage C.D.D. meeting at 10:30 AM.on Monday. Mr. Reinders stated we can ~ ork around your schedule. Would one or two o'clock be suitable? Mr. Anderson replied that would be fine. Mr. Reinders asked does anybody else have a problem with that time? Mr. Bailey stated that is fine. Ms. Holiday stated I tltink that would work with Mr. Ward's schedule. His next meeting on Monday would be at 3:30 P.M. Mr. Reinders stated the meeting will likely only be ten or fifteen minutes long. Rather than continue to wait, I will entertain a motion to continue this meeting until 1:00 P.M. on Monday, June 23rd which we will do by phone. MOTION by Mr. Bailey seConded bY Mr. Harris in favor the meeting was continued to Monday, J nem 1997 a~ 1:00 P.M. at the same location. , ] . J,,arn..~s~,eind~ "~hairman ~ Wsda~sday Jun~ 18, 1997 10:30 A.M. Continued from Jun~ 9, 1997 A~A BEI~IT. AGE ~ CO~ DEVELO~ DISTRIC~ 277 N. Collier Boulevard Marco Island, Florida 16G1 1. Poll Call Presentation of Proposed Budget for Fiscal Year 1997-98 and Consideration o[ Resolution Approving the Budget for the Purpose of Setting the Public Hearing A. Attorney B. Engineer C. Manager 4. Superviaor's Requesta and Audience Comments 5. Adjournment MITqTJTE8 OF MEETING CObI~'UNITY DEVI~O~ DLSTH.[CT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District was held Monday, June 9, 1997 at 10:00 A.M. at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: J~mes Reinders Charles F. Bailey Peter Comeau Raymond Harris Also present were: Chairman Supervisor Supervisor Supervisor James P. Ward Bruce Anderson Jack McKenna Jack ,Solomon Bruce Rippen Di~tric~ Stall' Attorney Engineer Heritage Greens Development Heritage Greens Development FIRSr ORDER OF Bl. ISlNlil~ Roll Call Mr. Reinders called the meeting to order at 10'00 A.M. and stated the record will reflect that all Super','isors are present with the exception of Mr. K]ass. SECOND ORDER OF B~ ~ of~ Budget ~ Fiscal Year 1997~ smi ~o~ of Mr. Ward stated the first item on your agenda is the presentation of the Proposed Budget for Fiscal Year 1998 and consideration of the Resolution Approving the Budget for the purpose of setting your public hearing. Let me tell you the process that you are required to go through relative to the adoption of your Budget. I am reqmred to submit a budget to you by June 15th of this year for your consideration and I am going to ask today that you approve the Budget solely for the purpose of setting your public hearing. Statutorily, we must transmit this Budget to the County in which the District resides at least sixty days prior to the date on which the Board will consider the adoption of the Budget. The approval that I will be requesting of you today will not bind you to any of the programs and/or costs contained in the Budget but merely allow you to move forward June9,1997 1 0~1 ~'~ through the process such that by the time you get to your public hearing, you will be in a position to adopt the Budget and consider any assessment rates that you may wish to impose in Heritage Greens. The Budget that ! transmitted to you has two parts to it. One is a General Fund Budget which covers the basic _~lmlnistration of the District itself. You will note that the Board needs to have some discussion and decision as to whether or not these will go on the tax rolls for November of 1997 and if you desire to do that, then we will need to add the appropriate fees. Barring that, you will be required to enter into an agreement with the primary developer for the purpose of reimbursement of the fees that are outlined in this Budget. The second part of it is the Debt Service Fund Budget and that is the series of bank accounts that are placed with your trustee that account for all of the reserve requirements and capitalized interest assodated with your Series 1996 Bond Issue. You ~ill notice it has essentially $495,000.00 in interest coming due next year, interest expense on the Bond Issue for November of 1997 and May of 1998. You have about $266,000.00 in Unappropriated Fund Balance. That is the amount of money that is available to pay debt service on those bonds that was part of the capitalized interest account when we funded '.he issue. The Developer Contribution is essentially the amount of money that will be required by the developer in order to meet the debt service associated ~-ith these bonds. If you have any questions, I w-ill be glad to :mswer them for you. Mr. Comeau stated to break th~s down, one point is adoption of the Proposed Budget and the second would be, do we want to go ahead and request assessments to be levied. Mr, Ward stated )'es. it would be "approval' of the Budget and the "adoption' will come at the public hearing, You also need to decide on a pubic hearing date which, as i indicated, needs to be at least sixty days from the date of it~ approval and I have to tran.~mit it to the County so you have to give me two or three days to get it to the County .~,lanagcr's Once. Mr. Reinders asked should we address the question of whether we want to put this on the tax roll so we can help define this Budget? It seems to me that there is little to be gained for the expense incurred in doing that for this particular fiscal year. Mr. Comeau st~ted I agree. Mr. Heinder.~ .',.~ked are there any comments? Mr. Ward stated no. 2 Mr. Reinders asked is it our choice at this point and not required under the Trust Indenture? Mr. Ward stated you may be required under the Trust Indenture for the debt service portion of that and I have to check into that for you; you are not required to do that for the General Fund portion of it. We can certainly not do the General Fund and if the Trust Indenture requires you to do the debt service, we can handle it in that fashion. Mr. Reinders asked do we need a motion to that effect or, for purposes of di~zussion, are we going to assume there are no other fees and charges associated with the Property Appraiser and Tax Collector? Mr. Ward replied we will assume that and I will check into whether the debt service is required. If it is, we will include those fees for your adoption purposes but we won't include it for your General Fund purposes. Mr. Solomon asked what is the Key Marco Budget in comparison to this Budget? Mr. Ward replied it is about $105,000.00 or $108,000.00. Mr. Bailey stated there are two items on the Budget that are marked "Not applicable for 1998". I am assuming that is what N/A stands for but they show up as dollar amounts. Mr. Ward stated they actually are going to be applicable to 1998. Mr. Reinders stated you will correct that reference accordingly. What are Dissemination Agent Fees? Mr. Ward replied when we did the Bond Issue, one of the documents that we signed was an Agreement that both the District and the Developer will comply with an S.E.C. rule that was adopted a couple of years ago. On a municipal issue, it requires you to submit or~ a quarterly basis, and then on an annual basis, to seven different repositories .',round the country certain information relative to your Bond Issue s~Jch as the status of the development, the number of units that are planned to be constructed, the number of units that are sold, that kind of Developer information. From the District's perspective, the balances in all of its bank accounts, financial information, how tax revenues are coming in, what the collection ratio is, ~f there are any delinquencies. In federal law, that is called a dissemination service, so the comps, hies that do that are called dissemination agents. Mr. Reinders stated I assume most of that information comes through your offices to these agents who then package it and disseminate it. 3 Jur~ 9, 1997 16Gl '* Mr. Ward stated that is correct. Mr. Harris asked what are Arbitrage Rebate Calculations? Mr. Ward replied some years ago, the federal government changed the tax law and which now indicates that issuers of municipal bonds can no longer issue municipal bonds solely for the purpose of earning interest on those accounts in excess of what they are paying on those bond funds. That is called arbitraging your bonds. We are now required on a yearly basis to go through an extraordinarily complicated calculation called an Arbitrage Rebate Calculation that tells u~ in relationship to the amount of moneys that you borrowed and in relationship to the bank account balances on a daily basis, how much interest income you earned in all of those funds and accounts, and if that is a positive number, that means you have earned more interest than you are paying, then ~very five years you are required to rebate that money to the federal government. That is called Arbitrage Rebate and in the event that it is less than the interest expense on those bonds, then there is no Arbitrage Rebate due and it is required under the documents and segregated funds if you earned it in a positive fashion. It happened in the early 1980's when interest rates went up and everybody was issuing bonds, and you had many cities and counties throughout this country that were literally borrov,'ing hundreds of millions of dollars solely for the purpose of arbitrage. Mr. Reinders stated it seems odd that you would go through extensive and extraordinary calculations to arrive at a conclusion that appears on two lines in your financial statement. Mr. Ward stated [ don't disagree with that but federal law has hundreds of pages on how the calculation must be done and you have to prove the calculation to them. Mr. Reinders asked arc there questions or comments? Mr. Hams .stated I have one on the Management. [ have a note from our Accounting Department that we have been doing the bookkeeping on this project and the postage and the payment processing. We didn't do it on Key Marco, why are we doing it on this one? Mr. Ward stated you are not. Mr. Reinders stated I think perhaps the source of confusion is the fact that there was a landscape agreement or reimbursement agreement or Second Acquisition Agreement pertaining to certain work, related to landscaping and berming along the perimeters. That was set up as a reimbursement of the 4 Developer by the District so the check came to the Developer and we had checks to cut and send out. I assure you that that is the case. You don't control any of the District funds, you haven't received any of the District funds, this is solely a function of the Second Acquisition Agreement. Normally any contractual expense of this District is pursuant to checks prepared to the Manager or issued to the Trustee. Are there any other questions or comments? On MOTION by blr. Reinders seconded by Mr. COmeau[ with all in favor Resolution 97-8 Approving the Budget[ for the Purpose of Setting the Public Hearing was[ adopted. Mr. Reinders stated you are authorized to transmit the Budget forthwith to the County. We now need to set a public hearing date such date to be a minimum of 70 days hence which would take us to approximately what date? Mr. Ward stated the third week of August. Mr. Reinders asked what is the third Monday of August? Mr. Ward replied it is the 18th. Mr. Reinders asked is that suitable? Affirmative responses were given. On MOTION bY Sir. Reinders seconded bY Mr. ComeaU[ with all in favor the Public Hearing was set for Monday,[ August 18, 1997 at 9:00 A.M. at 277 N. Collier Boulevard,[ Marco Island, Florida. I FOURTH ORDER OF BUSI~ S~q Reports A. ~ There not being any, the next item followed. There not being any, the next item followed. C. Manager There not being any, the next item followed. FOURTH ORDER OF BUSINESS Supervisors Requests and Audience Comments Mr. Reinders stated we h~,ve some miscellaneous business to come before the District. Let me start in that regard. It was my recollection that this District 5 June 9, 1997 having let its contract to Boness Inc. for the development of the infrastructure, having previously issued and then withdrawn its Notice to Proceed, that we left it on the basis that contingent upon reasonable satisfaction that the golf course loan had closed, we would reactivate Boness. The intent is not to change that action but to make it very clear for the record, since we consider that golf course loan closing imminent, that I as the Chairman of this District ~m in fact authorized to reactivate Boness once we have all reasonably satisfied ourselves that that loan has closed. I don't want us to have to call another meeting and be in any way uncertain. I thought that was the way we had left it. Mr. Ward stated the discussion went back and forth so in an abundance of caution, I thought we would have this meeting and give you that authorization. Mr. Reinders stated we could do it in that manner or we can continue this meeting to next week and rea.~semble when we have in fact seen satisfactory evidence of the loan closing, Mr. Comeau stated you can transmit loan closing documents and confirmation of that closing to U.S. Home to the attention of Brian Sabian because under the contractual arrangements that we do have, U.S. Home would have to confirm that that loan closing is satisfactory and upon such they would notify you, Mr. Chairman, that I am in agreement that once the loan is closed, the Notice to Proceed can be issued. Any and all work that Boness is proceeding with on site, which they are, is at their own risk and under no obligation of the District until such time that the Notice to Proceed has been issued. Mr. Harris asked what about a letter from HJM that the loan is closed and funds are available? Will that suflqce? Mr. Comcau asked who is escrow agent? Mr. Harris replied at that point there wouldn't be an escrow agent. It would be d~sbursed from H,IM Mr. Comeau stated as was done ~n the past with U.S. Home with other financing arrangements, U. S. Home has conveyed that they would like to be able to see those loan documents even though it would be something that would be a quick review but U.S. Home's staff is standing by to receive those final documents for review and signoff and the purl:,~se of review is to make sure that there are no undue obligations being expressed tn those documents upon U.S. Home. Mr. Reinders asked should that be in the form of a motion? 6 · Jm'~e 9, 199'/ 1 6Gl Mr. Comeau responded you have authority. We have already calked about givin~ the Chairman authority tn move forward to advise Boness to proceed upon confirmation and si~noff of U.S. Home and approval of the loan documents. Mr. Reinders stated I am concerned as well about the other Supervisors, it. is not just U.S. Home that I want to have authorize me as Chairman of this District to reissue Notice to Proceed to Boness. I am going to suggest we continue this meetin~ and do it right. Mr. Anderson stated we can do that by phone as long as there is a speaker phone where members of the public could participate. Mr. Ward stated if you want to continue today's meeting we could do that and everyone could participate by telephone. Mr. Reinders stated we will bring that up as our last item to set up a telephone conference for continuation of this item and then we will be able to poll everyone that they have, in whatever manner, satisfied themselves that the loan has closed appropriately. I am going to suggest when we come to that question that we think in terms of a week from Wednesday. That theoretically will ~ive U.S. Home a couple of days to review the documents. Mr. Comeau stated if we get them ahead of time, we can start reviewing them now. Mr. Reinders s~ted I can ~ve you the drafts but it is the final documents that you are going to want to sec. Mr. Comeau stated the key is if there are undue obligations based on U.S. Home's other contract obligations, U.S. Home will withdraw from the transaction. Mr. Reinders stated there is no reference in the loan documents to U.S. Home. Mr. Bailey stated I don't understand how you can obligate U.S. Home when they are not a part of' the A~reement. ,Mr. Comeau .stated it has happened in other jurisdictions. Mr. Reinders stated we have a plan of action that is fine with me. As a final order of business we ~'ill contiaue the meeting. Mr. Comeau asked do you anticipate closing will be a week from today? Mr. Reinder:i replied yes. Mr. Comeau stated when we come to the end o£ the meeting we will do as you say, continue the meeting to a week from Wednesday. Mr. Reinders asked is there other business to come be£ore the Board? June 9, Mr. Comeau stated under the Boness contract, there are some change orders that are coming through to cover a few items. They were going to install all of the sidewalks at Heritage Greens and in this time frame they are not going to be doing so. As such, one has to be a reduction of the contract for Boness and two is if those dollar amounts are going to be allocated for the U.S. Home portion of the development for those sidewalks being conveyed to the Developer, Ronto Development, they are going to propose it as a reduction and a lot takedown since that is going to be something to be conveyed. There are some drainage changes that have occurred. How the change orders are going to be handled through the Boness contract is to be considered. The way we have done it before is that the C.D.D. has the contract upon which change orders are occurring. Those change orders should be brought to the Board's attention for acceptance or rejection, therefore, all Board members as well as the Developer are aware of any changes that are occurring. Any contractual changes should be approved by the Board in my opinion. Mr. Reinders stated I agree and to recap quickly: Change Order No. 1 which was in the amount of $825,000.00 this Board previously acted upon, approved and it has been signed. If anybody doesn't have a copy, let our Engineer know and he will provide it. The second change order, there should be one for approximately $43,000.00 which is for drainage and I don't know whether that one was ever approved by this Board. Mr. Ward stated I believe the concept was approved by the Board but I don't know whether the paperwork was ever completed. Air. Reinders stated it was based on the original methodology and was simply to correct the fact that this got bid under the golf course portion of it but was the previously agreed upon and analyzed allocation of drainage from the golf course to the District's portion of that. That was a change order in the approximate amount of $43,000.00. If you need more detail, we can provide that, otherwise, we could approve that change order. Mr. Comeau stated the change order documentations are being approved by your firm, is that correct? Mr. McKenna responded the?' are prepared by Boness and then they are forwarded to the Chairman. Mr. Comeau stated I would like to have those change orders brought a week from Wednesday and they can be formally approved. Mr. Ward stated it is a teleconference for next Wednesday, is that correct? June 9, 1997 Mr. Reinders asked will you circulate that by mail prior to that so that we can also address those at that meeting? ,Mr. Comeau stated I think we need to formally approve the change orders. Mr. Reinders stated let's circulate the following: Proposed Change Order No. 2, being an allocation of drainage in the approximate ~ount of $43,000.00. You should have a proposed Change Order No. 3 which was a small credit, a decrease in the contract price based on some change in drainage design which 1 think is a two or three thousand dollar decrease in the contract. Proposed Change Order No. 4 will be with respect to the deletion of sidewalks from the Boness contract. Mr. Comeau asked is the one for the drainage the one that we have talked about for the catch basin, the junction box and the pipe, the east property line realignment? Mr. McKenna replied there were quite a number of drainage changes that took place, the primary focus of which allowed to drain to the southeast and go to the northwest but there were a number of changes and the end tabulation ended up to be a minimal credit. Mr. Reinders stated I think we are going to see a proposed Change Order No. 5 with respect to the provision of survey services. Mr. Harris stated let me correct that. I think No. 5 is to construct the drainage canal on the property line. Mr. Reinders stated let's talk about that before we submit the proposed change order. Who wants to address that one? Mr. Harris responded South Florida along with the County had Harvey Basin redesigned to drain from the existing south to the north to the north to the south which required a canal along our eastern property line to be constructed. ,Mr. McKenna stated there is an overall master plan done for the Harvey Basin which is about a forty-~quare-mile area. This was initially brought out by the Collier County Water Management and then in conjunction with the South Florida Water Management District. This property's involvement with that overall master drainage plan involves the creation of a north-south canal along the Heritage Greens east property line. That canal will serve properties to the east of Heritage Greens allowing water to ultimately flow south and down to Danville Beach Road to its ultimate outfall. The South Florida Water Management District has required that in conjunction with the development of this canal that the internal drainage be modified to allow the ultimate outfall for 9 Heritage Greens to be into this canal because it is a better outfall route than the existing route which is going north across Immokalee Road into the existing canal on the north side of [mmokalee Road. Through the heavy rains we had several years back, it became apparent that the capacity of that canal ia limited compared to the basin, the watershed area that it is handling. It is thought to be a better ouLfall route and in my opinion it is. For that purpose, we are constructing the canal, it will serve this project at some future time when the rest of the network has been constructed. Mr. Solomon asked if it benefits other property, is there a cost sharing? Mr. McKenna replied there is not a cost sharing in the excavation of the canal, however, Heritage Greens ~'ill benefit from the fill material coming out of there. Mr. Reinders stated the overall community, the District in effect, will benefit from the f~ll material? Mr. Solomon stated the overall community benefits, through both the residential and the golf course if there is excess fill available. Mr. Reinders stated my understanding was that the fill to be excavated from this canal was simply being laid over next door to fill an existing ditch and that that was part of the overall drainage work. Mr. Harris stated if we construct it as per plan, it could be a wash. They have given us the ability to sculpture it to enhance the community thereby possibly having excess fill. There are no calculations to say that the fill on this one goes to the other canal and it will be a wash. We are assuming it is. It could be a benefit to be used where we need fill, however, through the sculpturing of it, there should be some additional fill. Mr. Solomon stated then the additional fill belongs to the Developer. ~Ir. I~einders stated ! don't think that is so. If the District is expending the funds, we need to he assured that the fill is going for the benefit of the community. Either you are going to tell me that you are filling up an existing ditch or you are going to tell me that you are doing some of your overall fill work in the community or you are going to tell me that you are going to berm it and shape it to help enhance the parameter treatments .~f the overall community but you are not going to tell me that that is going for private benefit. Air. Solomon stated to the extent that the C.D.D. has covered its cost I think an excess should be the Developer's. 10 ,'Mr. Reinders stated the cost is $39,000.00, the cost produces the fill, the fill belongs to the District. Where do we want to put it? Tell me where we are going to put it for the benefit of the community. I am not trying to be difficult, but am I wrong? Mr. Ward stated no, you are absolutely correct. Mr. Solomon asked what happens if there is more than $39,000.00 worth of fill? Mr. Reinders replied use it for the benefit of the comrnunity. community use for this fill? Mr. Harris replied yes. Do you have a blr. Reinders stated that is your proposed Change Order No. 5 in the amount of $39,945.00 as an increase. You are going to show us a proposed Ch_snge Order No. 6 related to survey services for the District. Mr. Harris stated No. 6 is the omission of the four-foot wide sidewalk. Mr. Reinders asked what was No. 4 then? Mr. Harris replied I don't know, I only have the two change orders. Mr. Comeau stated to date, the Board has approved Change Order No. 1 and all of Change Orders numbered 2 through 7 will be distributed for approval next week. Mr. Reinders stated yes, I just wanted to have a bit of discussion on them in advance since all of us are here and it is easier to discuss them in this format rather than by phone. No. 1 i know is the $825,000, No. 2 I suspect is the $43,000.00. No. 3 I believe Is the minor changes to the drainage. I don't know about 4. If there is a No. 4, you will circulate it and we will have to talk about it later. If not, you will renumber 5 and still, without reference to number, we are going to see a proposed change order related to survey services for the District and we will have comment or discussion about that. Mr. Harris stated the only thing I am aware of is there is a survey contract by Bonesa providing the stakeout for the benefit of the utilities and roadway. Mr. Reinders stated we have proposals from Agnoili Barber and we have three Boness proposals from BPELS and based on cost considerations, it looked as if the BPELS was the preferred to,ire and we don't have any problem with Agnolli in that regard and as it is a change order to the Boness Contract, I don't think we have issues with respect to notice and advertisement so you will receive that proposed change order as well which we will also act on at our continued meeting. Is there anything else that we know will be coming in terms of potential 11 Juneg, 1 6Gl change orders to ]~oness? In the way of some general business, FP&L is looking for an agreement from the District related to underground differentials, transformers, easements, etc. It is an agreement which contemplates the payment of a sum of money related to this. It is dearly District work and I believe the number is going to be somewhere in the range of $20,000.00 to $27,000.00 as a credit for sleevings or crossings or what we propose to do as well. I ask the Board's authority for me to work with the Engineer to finalize that agreement and execute same on behalf of the District such that that would become an obligation of the District to make that payment. If there is no discussion, I will entertain a motion authorizing me to finalize the agreement on the best possible te,,.,.~. iOn MOTION by Mr. Comeau seconded by Mr. BaileY] with all in favor the District Chairman was authorized[ to finalize and execute the Agreement with Florida! Power & Light Co, subject to approval of the Agreement] as to form b~, District Counsel. Mr. Reinders stated I will attend to that including sending Mr. Anderson m advance a draft of the proposed Agreement. The next general item of business for our consideration is that Time Warner is interested in providing cable service to the community. We believe that there is a real possibility that Time Warner would be prepared to make payments for the privilege of providing service in the area. We believe that that is a payment that relates to completion of homes. It seems to me as apt as any, subject to discussion, that those payments inure to the benefit of the District. Mr. Comeau stated [ disagree. The master association can enter into an agreement to provide actual full cable service and as such any and all payments of those moneys for the benefit of going in should flow to the Developer and not to the C.D.D. All installation, although it Is within the C.D.D.'s right-of, way, no funds are expended by the District to provide that service. Mr. Reinders asked what about the association? Mr. Comeau responded the only way I have seen it done in a C.D.D. structure and non-C.D.D, structuies is the master association enter into the agreement with the cable provider upon which any and all payments can go to the Developer and not to the C.D.D. Mr. Reinders asked ute those payments coupled with an obligation or an exclusive right? Mr. Comeau replied it is usually a five-year or ten-year bulk service agreement is what is drafted. The master association through various indi~'idual services to people's homes, even though the District is providing security, that security telecommunication system is done through the cable company in the people's homes as a private function. Mr. Reinders stated they are looking to bind the owners or the future owners to the use of that particular cable system. Mr. Comeau stated in order to receive payment that is how it operates. They say for the privilege of us coming in, we will bind for a bulk ser~'ice agreement for either five years or ten years, it is two-fold. One is not only to provide for cable services but based on a recent telecommunications act, the local phone services and cable companies can compete head to head for services. Time Warner, aa with Continental and others in the area, are providing switch ser~'ices and within the near future want to provide local phone service coupled ~-ith cable services. These are services that can be provided through the cable provider and are usually and traditionally handled through the master association. Mr. Reinders stated it seems to me that if the receipt of these moneys is in some way linked to the use of the system by the ultimate owners, yes that should go through the association because I think it is the association that best represents or has the right to bind its members or its future members. If it were a payment merely for a grant of easement or the right of exclusive easement, or the right to share an easement, then I can perhaps make some argument that it is inherent to the Developer and a slimmer argument that is inherent to the District. Mr. Ward stated th,., District's legislation doesn't authorize cable TV service. Mr. Reinders stated what this becomes is a revenue source for the The consequence or' that is the party who has to subsidize the master association in its initial years is the Developer. It is a saving to the Developer because he doesn't have to make the subsidized pa)Tnents to the HOA. Mr. Comeau stated that is the way it has to be done and also it is a saving to the residents because they have almost a 50% cost saving on their monthly fee. Anything dealing with telecommunication or cable should be handled through the HOA and as a Board member I would be happy to forward the agreements that I have seen. Mr. Bailey asked what is your experience with how much they pay?. Mr. Comeau replied anywhere from $150.00 to $750.00 per C.O. issued. ,Jun(: 9, 1~-Y7 16G1 Mr. Reinders stated [ am going to suggest that this is a matter of business for the master homeowners association. That entity does exist. I would urge those present who are involved in the master association to address that at your next meeting. Mr. Comeau stated there is a matter of business between the C.D.D. and the master homeowners association that I want to bring up at this time. Mr. Anderson stated before we leave the cable issue, we should make sure on the plat that the homeowners association has some type of utility easement concurrent with the roadway. Mr. McKenna s'mted I believe that they do but I will check that. Air. Comeau stated one of the obligations of the Community Development District is the community maintenance and obligations throughout to secure not only the common grounds but also we are working with the golf course operator to make sure the lakes are fine. To that end, we as the District can hire staff in order to provide those services and/or we can contract with the homeowners association for a nominal fee to deliver those services. To that end if it is in agreement with the Board, I would like to have our Attorney develop such agreement between the master association and the Community Development District for contractual ~upport services for community maintenance and standards. Mr. Reinders stated this i.~ with reference to things such as security or landscape maintenance or things that, in effect, both the District and the homeowners association are empowered to do. Air. Ward stated that i~ my understanding. Mr. Reinders stated my question would be, do we need to formally delegate and convey those obl~gation.~ to an association or do simply by not exercising our authority leave that by default to the co-empowered association? Mr. Comeau stated [ don't think we can delegate our authority, I think we can either perform those services ourselves or contractually hire someone to do so. We can hire an independent management company to do so or we could contract with the homeowners association. Mr. Reinders asked are we in :'.act obligated to do all that we are able to do or do we simply decide to do something ~r not'? Sir. Ward replied to the extent that you have built those facilities from bond funds, you have obliizated yourself to the maintenance of those facilities. June 9,1997 blt. Reinders stated we should then do as Mr. Comeau suggested and get some type of agreement to deal with those things. Mr. Comeau asked who would you be contracting w/th, the homeowners association? bir. Reinders replied the master association. bir. Comeau stated as it stands, the master association has been finaliting their range with the golf course operator for golf course maintenance standards and community interface standards and that has been finalized as such. This is a natural progressic,n. bit. Anderson asked what would we be maintaining specifically? Mr. Comeau replied secur/ty services, all common grounds, any and all obligations that have been looked at between the master association and golf course operator. There ar,: some gray areas of overlap between golf course and Community Development District where property lines meet and you have drainage swales and maintenance support systems. All lake maintenance is the responsibility of the Community Development District upon which the master association is ente. ring into an Agreement with the golf course operator to do lake maintenance. Until such time that an agreement is finalized between the homeowners association and the C.D.D., the master association makes arrangements with the golf course operator to maintain the drainage system because right n,w the mast,,r a.qsocaation doesn't have the authority to enter into that obligation. I say drmnage system, ::ommon areas, security support services. roads, the works of the I)istnct. Mr. Ward stated also street lighting, all facilities constructed by the District. Mr (',omeau stated the master association document addresses community standards f,~r common areas, for lake maintenance. Mr. Bailey ~tatcd as I ~nderstand it, this agreement that you are speaking of would also delegate th~: maintenance of those lakes to thc HOA who in turn would delugate it. Mr. Comeau stated whoever is the most cost effective and efficient to perform that service. To that end, we accomplish District services but the key is the C.D.D, must cnntract with the master association to perform said services upon which some ,,£ these services 'will l')c provided by the master association. They will contract ','~th somebody to do thc cutting of the grass, and irrigation .June 9, 1997 repairs. P, ecause the bulk of the lakes are along the golf course, they will work with the golf course operator through said agreement to provide that set,rice. Mr. Anderson stated if that maintenance contract exceeds $10,000.00 it must be competitiveiy bid Mr. Ward stated it '~11 be for $10.00. Mr. Comeau stated the Distrdct can enter into up to a fifteen-year contract with the master association. I don't recommend that but recent legislation allows longer term management agreements. This agreement would be for $10.00 which the master assoc~at~,'m fees would support. Mr. Anderson asked is that all the District would pay for the maintenance? Mr (7omeau replied the maintenance agreement with the master association would be lot $10 00. the management fee se~'ices. Mr. Ander.s,m stated I am talking about the actual maintenance. Mr. ii. cinders stated that will be paid for by the HOA. ~,k'hat we are trying to do is to pass the obligation and the power. Mr. Anders,,n stated they are going t,, be resp,~nsible for hilling and collecting .Mr (Jomeau ~tated that is c~rrect .Mr Harris asa:ed ct,)e~ ~t ~) thrm~gh the same competitive bid process even though it is bmng achmnistered by the master H()A? Mr. t~inders stated no and that is part of the thinking. You ge~ it on a more immediate level, you get ~t on a membership control level, you get it on a more administratively friendly level. Mr. (jomeau stated the m~nimal services for drainage that are reqmred by the Community l),~velopment [)~str~ct do,~s not necessarily mean that ~t is for aesthetic purp~se~ Y~u may have aqu;~t~c weed infestation that still allows drainage hut ~s n,~t aestheucally pleasing s~ if the homeowners association through their wisdo~n wants to perform sec'ices above and beyond that which are required for draina~4,~ for aesthetic purp,~ses, then the homeowners assomation in a position to do s,, Mr Re~nders asked w~ll you ,.v,,rk on something that we can look at in due course Mr Arlders~,~'~ Mr. Anderson replied Mr (7,m~eau st. tted that is all .f tl~e b,~s~ness that I have today. 16 Mr. Reinder.t asked is there anyone else who has matters to come before this Board? Is t. here anything from members of the public? Is there anything from the Manager? Mr. Ward replied no. Mr. Reinders stated I ask for a motion to continue this meeting until Wednesday, the lath of ,June at. 10:30 A.M., said meeting to be conducted by telephone, the Manager to originate the calls. O]-0'~~0=N' }~y Mr. B~iley seconded--'b~, Mr. CcmeaU! ~with all in favor the meeting was continued to[ [Wednesday, .June 18, 1997 at 10:30 A.M., to be conducted[ Charles F. Bailey (,/ Assistant Secretary j ame~eindpr~ (~hffirman ~ 17 I 6G! " Monday Jun~ 9, 1997 10:00 A.M. AGENDA HEI~ GREE~ COI~,TUNI'I~ DEVELO~ D~CT 277 N. Collier Boulevard Marco Island, Florida Boll Call PresentntiQn o/' Proposed Budget for Fiscal Year 1997-98 and ConsideraUion of Iiesolution Approving the Budget for the Purpose of ,S~tting the Public Hear/rig Sta/T l:Lepor~ A. Attnmey B. En/'inee r C. Manager Supervi~or'~ 1%ques~ and Aud/ence Comment8 Adjournment. H£;~IT~E GREE,~$ C~d'4ITM DEYELC~E~T OIST~ICT - J, t~EF ERE,qCE: 02?'769 State of Florid4 Ca.~ty of Collier ~nr~ B. Lng, ~ ,~ ~th s~s t~t she · ~ the ~*~t~t Cor~r~te Se~ret~ry Of t~ Collier C~t/, ~Lorid.m, ~ t~t t~ Collier C~anty, Flor~4, for I ~r~ O~ 1 year d~c~t, r~te, ct~ss~cn or ref~ for AD SPACE: z,.&17 D*C~' Heritage Greens Community Development District Budget - General Fund Fiscal Year 1998 Developer Contribution Appropriations: Ppofe~slonal Fees: Board of Supervisor's Fees Engineering Audit Arbitrage Rebate Calculations (N/A FY 1998) Management Dissemination Agent Fees Trustee (N/A FY 1998) $114,25o Total Rev~,nut: $114,200 Sub-total: $12,000 $20,O00 $'20,000 $2,500 $2~,875 ss,om $3,20o $98,o75 Administrative Fees: Telephone Po~tage & Reproduction Rentals & Leases Office Expends & Supplies Computer .~:rvices Insurance Legal Advertising Subscriptions & Memberships Contingencies Other Fees and Charges: Property Appraiser Tax Colleetcn' Revenue Reser-,'e Not Applicable for FY 1998 Sub-total: $5O0 $600 $3,SO0 $600 $2,OO0 $1,500 S175 $16,175 Sub-total: Total Appropriations: $'114,250 He -itage Greens Community Development District Budget Fiscal Year 1998 Debt Service Fund Rev~rlues: Unappropriated Fund Balance- October 1, 1997 Developer Contribution Interest lncome Total Revenue: $266,158 $173.842 $55,OO0 $495,000 Appropriations: Debt Service: Principal Debt Retirement Interest Expense Total Debt Service: $0 S495,000 $495.000 Other Fees & Charges Tax Collector Property Appraiser Revenue Reserve Total Fees & Charges: S0 S0 $0 $0 Total Appropriations: $495,000 Community I~¥elopment District Budget Fiscal Year 1998 Debt Service Fund 16G1 Revenue Summary: Reserve Account: The Bond Resolution authorizing the issuance of the Sedes 1997 Bonds established this account and provides that the Bond Reserve Requirement shall be an amount equal to the maximum amount of principal installments and interest payable in any year on all bonds outstanding. Tho monies in the Reserve Account, to the extent of the bond resen/e requirement, are not available for any purpose other than the payment of the principal installment and interest on the bonds Reserve Requirement $600,000 The District has invested the reserve funds in the following: US Treasury Money Market 5.000% $600,000 $600,000 These investments are in accordance wiIh those permitted as outlined in the Bond Indenture Debt Service Accounts: The Bond Indenture authorizing lhe issuance of the Series 1997 Bonds established four (4) Debt Service Accounts to track the flow of funds from the receipt of monies through the Payment of Debt Service. The tollowing are the accounts which have been established cursuant to the Bond Indenture. Sinking Accoun! $ 0 Interest Account $25,000 Prepayment Account $ 0 Revenue Account $ 0 $25,000 $30,000 $25,000 7- er ta e Cj reens Community Development District Budget Fiscal Year 1998 Debt Service Fund 16G1 -,Iq Appropriations: Debt Service Principal Retirement- November 1, 1997 Interest Expense for the period ending November 1. 1997 for the pedod ending May 1, 1998 Total Interest Expense: $0 $247,500 $247,500 $495,000 $495,000 Other Fees & Charges: Tax Collector Fees are based on Fiscal Year 1998 A:;sessments to be collected. The Tax Collector's fees are two (2) percent ot the assessments collected. $0 Property Appraiser Fee.~ are based on Fiscal Year 19§8 Assessments to be ccllected, The Property Appraiser's fees are one (1) percent of the assessments collected. SO Revenue Reserve The Distdct currently reserves, and State Law permits the District to appropriate96% ol estimated rever,Jes, wl".ich will cover discounts and non payment of as?.;;scments. Total Other Fees & Charges Total Appropriations S0 $0 $495,000 Heritage Greens Budget ~s~l Year 1~8 ~ ~ Fund S~ of ~, ~~ ~d C~es In Fu~ Bal~ce For t~ FI~I Year ~di~ ~ffiffi~r 30, 1~ Actual Anticipated Total Budget Race.,ed or E~er~i F~c~l Year FY 97 4/30/97 Thru 9/'30/97 1997 Unappropdaled Fund Balance $ 0 pflnOpal Prepayments $ 0 Bond Proceeds $ 0 Interest Income $ 0 Total Revenue $ 0 Appropriations: Pdndpal Prepayments $ 0 Pdnctpal Retirement $0 Interest Expense $ 0 Total Appropriations $ 0 Net Income Variance Favorable (Unfavorablel, $0 50 50 50 $0 $0 $0 $0 $1.234.715 $0 $1,234.715 $1,234.715 $28,943 $15,000 $43,943 $43.943 $1,263,658 $15,000 51,278,658 51,278,658 $0 S0 $0 $0 $0 $0 $0 $0 $0 $165,000 $165,000 ($165,000) $0 $165,000 $155.000 t$165,000) $1.113,658 Fund Balance September 30, 1996 (Actual~ Re.served for Debl Service(All Years) Resecved for Debt Service(Fiscal Year 1999): Pnr~Opal on Bonds Due 11/1/98 Int-.res! Expense Due 1111/g§ $0 $247,500 ,Unappropriated Fund Balance September 30, 1997 50 $600,000 $247,500 $266.158 Debt Sea, ice From 01/01/97 Date Principal Rate Interest Total 120,000 135,000 145,000 155 170 000 185 000 200 220 000 235 000 255 0oo 280 00o 3o5,000 330 OOO 3~0 00o 39C O0C 425 OOO 460 000 500 000 540 000 590 000 8 8 8 8 8 8 8 8 8 8 8 8 8 8 25O 25O 25O 250 25O 25O 25O 250 250 250 250 25O 25O 25O 25O 250 250 25O 25O 25O o5/o~/97 11/Ol/97 os/al/~9 ~/0~/~ o$/ol/oo os/o~/o~ 11/01/01 05/ol/o~ ~/ol/o~ o5/o~/o~ 11/ol/o~ os/o~/o~ os/o~/os os/ol/o~ o5/ol/o7 11/ol/o~ o5/ol/oe os/ol/og ~z/o~/o~ os~o~/~1 11/01/11 11/01/12 05/01/13 ~57o~/~ o5/ol/15 0S/01/16 11/01/16 OS/O~/~ 11/Ol/17 05/01/I~' ~/o~/~e Total 6,000. Accrued ~k~-d CI/10/97 8.250 86,680.000 14.447 &verage . LI f e 165,000 00 247 500 00 247 500 00 .247 500 00 247 500 O0 242 550 oo 242 550 O0 236 981 25 23~ 981 25 231 000 O0 231,000 oo 22~,G06 25 224 606 25 217 593 75 217 593 75 209 962 SO 209 992 50 301 712 SO 201 712 50 192 637 50 192 637 5O 182 943 75 182 943 75 172 %25 O0 17; 425 O0 160 875 O0 160 a7S oo 148 293 75 148 293 75 13~ 681.25 13% 6~1.25 llg 831.25 119 831.25 10] 743.75 103 743.75 ~6 212.50 86 212.50 67 237.50 67 237.5o 46 612.50 46 612.50 24 337.$0 24 337.50 0.00 7. 163, 475.00 12.375.00 7, 151, 100 .GO 165 000.00 247 500.00 2~7 5oo.00 247 500.00 367 500.00 2~2 550.00 377 550 oo 236 981 25 381,981 25 231 000 0O 386 000 00 224 606 25 394 606 25 217 593 75 402 593 75 209 962 50 409 962 50 201 712 SO 421 712 50 192 637 50 427 ~37 50 182 943 75 437 943 75 172 425 00 452 425 OO 160 875 00 465 875 00 1¢8 293 75 47~ 293 75 134 681.25 %9~ 681.25 !19 831 25 509 831 25 103 7%3 75 528 743 75 86 212 50 546 212 50 67 237 50 567 237 50 {6 612 50 586 612 SO 24 337 50 61% 337 5O 0 00 13.163,475.00 12,375.00 13.151,100.00 612 981.25 610 606.25 ~ 610, 614,1~8.7~ 612,975.00 614.512.50 613,575.00 614. 956.25 ? I 6Gl '~' 1 6Gl "~ 2 ~ ~ °° 16Gl "" o< ~ 1 6Gl ' "' 16Gl "" 1 6Gl 16G1 1_6G1 :' 16G.1 '~ 16G1 1 6Gl I 6Glo~'~ = MINI.ri'ES OF ~G HERITAGE GREENS CO M2d-LTNITY DEVELO~ DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District which was held Thursday, April 3, 1997, and continued on Friday, April 4, 1997 and on Thursday, April 10, 1997, was reconvened on Monday, April 2I, 1997 at 10:30 A.M. in the offices of Ronto Development, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: Chairman Vice Chairman Assistant Secretary Supervisor Supervisor Jmmes Reinders Raymond Harris Charles F. Bziley Pef~r Comeau Ralph Klass Also present was: James P. Ward Assistant Manager (By Telephone) Bruce Anderson Attorney (By Telephone) ~ ORDER OF BUS3NF, SS Roll Call Mr. Ward called the meeting to order at 10:30 A.M. and stated that all members of' the Board are present. SECOND ORDER OF B~ Contlnua~ion of DLscx~s/on of De/ays and Lack of Fixmnchxg for Goff Course Co~on wiah Respect to Mee~ Requirements of Bond and Notification to Bond Holder Mr. Reinders stated we are here to get updates with respec~ to development of. the golf' course as i~ relates to our resuming development o£ the C.D.D. portion of. the work. To that end, I w/Il report if'that is everybody's pleasure. I believe that everything is going fine at this point. Speaking for a moment for the venture which proposes to acquire and develop the golf. course land, we should have a Hnal Purchase and Sale Agreement within the next few days or so. I don't believe there are any substantive issues there. That has awaited mostly just confirmation that the underlying partnership Agreement by the various venturers is in place together with the known required equity to supplement the ApriI 21, I997 HJM loan. That Partnership Agreement should go out in final form tonight or tomorrow and be back signed within a couple of days. That Partnership Agreement set~ up the escrow of the Equity Fund with Ruden McClosky and those dollars should be on deposit with that firm by Friday of this week. I have had numerous discussions with the proposed golf course lender, HJM. It would seem that those discussions are really limited to the details of the loan documents and their due diligence or packages to get to closing. There is nothing that I am aware of that is problematic, substantive or open for major considerations in that relationship. To repeat very briefly: should have Purchase and Sale Agreement for land this week with deposits in place; should have Partnership Agreement in place with equity dollars in escrow at Ruden McClosky this week. I have already signed on behalf of the golf course the basic contract with Boness although there are various items to be filled in in the way of schedules, details and alternates. I have them coming a little bit later this morning and we can participate or those here who have an interest can monitor that process so that that contract should be perfected in the next day or two. We are aiming at closing on all fronts not later than May 15 and commence with the development immediately thereafter. We believe that subject to a little more investigation, that is going to put it into position to have the golf course open for play on or about January 15 of 1998. At the same time, as we talked about at the last meeting, U.S. Home was pursuing some alternatives in parallel discussions and I would welcome any input or comments on that if Mr. Comeau would care to do that. Mr. Comeau stated U.S. Home is in the process of receiving back from the Bond Underwriter various terms and conditions in reference to financing the golf course. U.S. Home did meet with the existing property owner to review potential buyout options and opportunities. At this time all further discussions have been put on hold until the new golf course operator-owner can deliver. As Mr. Reinders said, if they are successful U.S. Home's position is to have all parties deliver on the contract as signed and as originally contemplated to a venture that would move forward. U. S. Home is in a standby position and we are in a position to move forward. Nothing has been finalized between the developer-owner and U. S. Home at this time or the bond market. We have all of our pieces in place. Mr. Reinders stated in the meantime, the group I am working with has been working with Mr. Comeau in terms of looking at specs, plans, schedules, contracts and so forth. We appreciate that input and all of us are working toward the same end. 2 April 21, 1997 Mr. Comeau stated as Far as existing C.D.D. business, there has been ongoing cooperative efforts between U. S. Home and Mr. Reinders and Mr. Klass. More importantly, I advised Bond Underwriter Bill Reagan and others that U. S. Home is standing by and doing everything that they can to help everybody be successful. Mr. Reinders asked where does that leave us? Mr. Ward do you have any comments at this point? We left on the basis that Mr. Reagan was at least going to update our bondholder as to what was going on. Do we know anything further about that? Mr. Ward stated I spoke with Mr. Reagan last week and as of that date, he had not notified the bondholder pending the outcome of this Board meeting today. I still tend to be of the conservative opinion that until the transaction is done and signed, he probably ought to tell the bondholder with respect to the issue that is outstanding and maybe what I might recommend is that you go ahead and continue this Board meeting one more time to a date when you think the transaction will actually be closed. Then I think it has come to some finality on the issue at that point. Mr. Reinders asked what is our lead time notice on these meetings if they are not continued? Mr. Ward replied a week. Mr. Anderson stated plus whatever time we need to get it to the paper. Mr. Reinders stated I don't like to keep continuing meetings. The time will come that we need to keep an eye on things. IF anything happened in the negative, we would have to get together. I am inclined to let this meeting adjourn in due course and then as quickly as we see pro, con or otherwise, just schedule our next meeting and keep working on this in the meantime. We had authorized Mr. Reagan to at least communicate with the bondholder and I will be happy to speak with him. I will be happy to keep him fully advised of the progress on the issue, if' any, but I think for the sake of good communication, we ought to let our bondholder know where we are, what we think is going on, where we think we are going to be and when. I do believe that we will get this wrapped up within the next three weeks. Mr. Comeau stated if by Friday we arrive at the solution that you have just outlined, if we could give written notification to all parties, Board members, Mr. Ward, Mr. Anderson and others. 3 · April 21, 1997 Mr. Reinders stated I will be happy on behalf of this golf course venture to get out the written status report on Friday and fax it around to everybody, including Messrs. Anderson and Ward, to confirm that we made our milestone or changes or anything of that nature. From there, we will be abIe to more fully assess the situation. Mr. Comeau stated with Boness, I went by the project today and they seem to have a lot of pipe· It seems they are getting geared up in anticipation that you will be successful with the partnership on the golf course· Do they understand that the Notice to Proceed was suspended until such time that the golf course financing is in place? Failure for you to come to a conclusion on your Partnership Agreement means the restocking of that pipe is their cost not the District's. Mr. Reinders stated they had put in a request for payment with regard to material stored on site. The understanding was these were the materials 'ordered when they did have a Notice to Proceed and they couldn't stop it or otherwise. They are going to press for payment. Do you have any thoughts on that? Mr. Harris stated they also had ordered from the Notice to Proceed the electric motors for lift stations with anticipation of continuing on. They have completed a substantial amount of Phas~ lA anyway to date and we shut them down as soon as we found out the problems we were having on financing of the golf course. There was some items purchased and labor utilized for the benefit of the community. With the PVC pipes, the electric pumps and the improvements to Phase lA, those are the costs we are going to have to consider payment on. Mr. Comeau stated or restock it. Mr. Reinders stated obviously we don't want to restock at this point because hopefully things will work out. Mr. Comeau stated on the invofces, we have thirty days so I think we should wait and see. Mr. Reinders stated I think we'll just suggest they invoice in the normal course of events and hopefully this will be resolved· Mr. Comeau stated yes and the worst case scenario is that they just pay for restocking. Mr. Reinders stated I concur. Does anybody have any comments? Is there any other business Mr. Ward? Mr. Ward replied no. Mr. Mr. Reinders asked Mr. Anderson, do you have anything? Anderson replied no. 4 April 21, 1997 Mr. Reinders stated I will entertain a motion to adjourn. 5 16 7 Monday 10:30 A.M. Continued from April 10, 1997 AGENDA HEH.iTAGE GREENS COMIVILrf~TY DEVELOPMENT DISTRIC~ 277 N. Collier Boulevard Marco Island, Florida Roll Call Continuation of Discu~slon of Delays and Lack of Financing for Golf Course Construction with Respect to Meeting Requirements of Bond and Notification to Bond Holder. Staff~rte A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Adjournment MINI/rES OF 1KEETING ~GE GREENS COi~'rf[JNITY D~OPNfENT DIS'I/~CT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District wkich was held Thursday, April 3, 1997, and continued on Friday, April 4, 1997 was reconvened on Thursday, April 10, 1997, at 10:30 A.M. in the offices of Ronto DeveIopment, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quor~m were: James Reinders Raymond Harris Charles F. Bailey Peter Comeau Ralph Klass Also present was: Chairman Vice Chairman Assistant Secretary Supervisor Supervisor (By Telephone) James P. Ward Assistant Manager (By Telephone) Bruce Anderson Attorney (By Telephone) Bill Reagan William P. Hough & Co. (By Telephone) ~ ORDER OF BUSINF_.SS Roil Call Mr. Reinders called the meeting to order at 10:45 A.M. and stated that Messrs. Bailey, Harris, Comeau and Reinders were present in person and Mr. Klass was present by telephone. SECX)ND ORDER OF BUb-qNESS Dtzcus~on of Delay~ and I.ack of lYmar-,clng for Golf Course Cons'a-uc. tlon Mr. Reinders stated I believe we didn't have any specific business other than to assess our information base related to the golf' course and the status thereof. Is that a 5air statement? Mr. Ward responded that is a fair statement. Mr. Reinders stated to that end, we can hear from anyone as to where we are at this point in time. Mr. Comeau stated one of' the things that was mentioned at the last Board meeting was some type of' notification requirement that Mr. Reagan has for the April 10, I997 168I bond purchaser. Will you update us on what you have done and haven't done and what you anticipate advising the bond purchaser7 Mr. Reagan stated at the last meeting we agreed that it would be this week, today, before I go ahead and advise the bond holder that we do not have the golf course financing in place. At the last meeting, I said that I was not going to directly tell them that until we had this meeting and to determine whether we have any hope to get the financing in place or exactly what I should be telling them. Mr. Reinders stated that is my recollection as well that we were going to bring the best information to bear on the situation that we could, see what that means in terms of an appropriate communication to the bond holder and then go from there. On the one hand, I guess there has been some further effort at trying to get the Boness contract set up, subject to subsequent action by this Board, so that if they are the general contractor and if it is the subsequent will of this Board that we could simply issue a Notice to Proceed and have that go forward such that we have a contract with a set of numbers for the infrastructure on the residential and a situation that would permit the golf course to go forward with the same contractor as a function of the interrelationship, all without prejudice to the fact that dependir~g on where this golf course goes, someone may want to use a differen~ contractor, it may not go forward with Boness whatever the case may be but simply to have it in place for quick activation if it makes sense and it was this Board's subsequent will. We know that on the one hand that what was originally contemplated as a Klass/Ronto partnership to develop the golf course is in a state of flux. We know that alternatives are being explored and I think all of us can speak to those to the best of our ability at this point in time. I will start that process. I ha~e had some discussions with Heritage Greens Developments Limited Partnership, the Owner-Developer, in terms of my joining with Klass and others for the purposes of forming a partnership to develop the golf course. As that group sits right now, there is a draft Purchase and Sale Agreement that is on the table for review; there is a partnership agreement amongst that group that is being circulated; there is a contemplated commitment under that partnership agreement to commit equity of about $I.2 million and to see the requisite equity deposited with the firm of Ruden McCloskey in a matter of a few days such that we can be comfortable that the necessary equity dollars are there; and there is a revised application pending before HJM to activate that commitment for $4 million all with the contemplated result that there would be a closing on the title 2 Ap~ 10, l~g7 apply and how those relate to other commitments and anticipations. The fact of the matter is that it is going to take what time it takes to get this developed and it is probably going to push the potential opening of the course to somewhere near the end of the calendar year. Be that as it may, that is on the one hand one possibility. If that possibility does not come to fruition, we would know that in a matter of a week or so. If for any reason the partnership agreement doesn't get signed, the Purchase and Sale Agreement doesn't get signed, a revised commitment from HJM doesn't issue or the equity dollars are not put into the deposit account, any of those things would tell us that there is a problem and we can know that fairly quickly. From my personal involvement in it, I have a fair level of optimism that it can be done. I know on the other hand that based on their discussions with the developer, U.S. Home is pursuing an alternative approach to the development of the golf course and I think that that is something that is good. If Mr. Comeau or Mr. Reagan can update us, that is a tirue line possibility for development of the course as well. Mr. Comeau stated U.S. Home has been in touch with the Developer to review various opportunities for taking over construction and operation of the golf course. U.S. Home, first and foremost, would like to see the Ronto/Klass arrangement and/or the Developer meet the obligations and complete the course on their own. Due to failure to do so or ability of them to move forward, U.S. Home has been exploring with the Developer and through the various bond markets to determine what opportunities exist for the following: Doing the golf course itself; tmldng over the golf course and the entire project in its entirety and to that end, we have all of our key people in town today and tomorrow when a final decision and offer hopefully will be tendered to the Developer to see what we can do or cannot do. It will be predicated on potential golf course bonding to make it go forward. The opportunity does exist; U.S. Home believes that we can make the project successful, however, there are a few key pieces remaining. We need additional corporate approval and I will need more feedback from Bond Underwriter and Bond Counsel to make sure that what we are proposing to do is actually feasible in the market place. To that end, since there are two strong positive avenues moving forward not only on Mr. Reinders' part but also on U.S. Home, that gets back to the main reason we are here and that is, what exactly do we tell our bond holder. We tell him that yes, the Klass arrangement has fallen through but in essence as April I0, 1997 1 6Gl Mr. Reagan and Mr. Ward know, there are some very optimistic fronts being explored. That is my concern, I don't want to alarm the bond holder and even we are behind 90 days, there are some very positive activities going on behind the scenes. Everybody still believes in the project and everybody is working in their own independent effort in alternatives to make the project successful. Mr. Reagan stated I am not that worried about alarming the investor, I just think he needs to be kept informed. Nothing has happened to date and there is nothing realistically that he would try to do anyhow because there may been no payments due, there are no default payments, all that we are having is difficulty with the golf course finanMng and I would like to have the ability to keep him informed on what we are working on. I think we would be remiss in our responsibilities not to do that. He, just as everyone else in this transaction, wants this development to be ~uccessful, he is not going to try to stop something or harm something, he is only going to be helpful to us in my opinion. Mr. Comeau ~tated if Mr. Chairman is in agreement, in essence, all alternatives will be coming to a head in the next seven days. It is not something that is thirty days away. Mr. Reinders stated it seems that what we have come down to for the purposes of our discussion is, do we wait another week or so and then communicate what would hopefully be a final resolution of the issue and a positive one regardless of what avenue is taken to our bondholder or do we, in effect, say to them through Mr. Reagan, this is where we are, this is what is going on, you are welcome to talk to Mr. Comeau as a representative of U.S. Home, you are welcome to talk to me as a representative of this other group and we should have final determination in a week or so and we will keep you posted. That is where we are, there is not much else that as a District we can or should be doing at this point. Mr. Ward or Mr. Anderson do you have any thoughts on the advisability of one course of action versus the other in terms of the communication to the bond holder? I think we know what the message would be if there is a current communication. Mr. Ward stated my recommendation to you would be that the bond holder bought these bonds based upon a proposed deal with the Klass/Ronto group and that deal seems to not be coming to fruition. I think it would be advisable to let him know that we know that the deal is not going to close and that what the two alternatives are that are now being explored and we should have a resolution to that issue within seven days or so. That to me is a material issue from which the 4 1 6 G 1 District issued its bonds and the sooner I think that you tell the bond holder that the deal is not moving forward I think the better the District will be protected in the long term no matter what happens in a week. Mr. Anderson stated I agree with Mx. Ward. Mr. Reinders stated if what I understand from our consultants is that Messrs. Reagan, Anderson and Ward's suggestion is that if we don't have a duty we at least are advised to have full and open current communication with the bond holder. Mr. Reagan stated that is correct. Mr. Ward stated that is my opinion. Mr. Reinders asked do we want a motion to direct Mr. Reagan's communication that we can debate and vote on? Ward to the Mr. Ward replied I th/nk that would be appropriate. Mr. Comeau asked Mr. Reagan, will you please draft something for Mr. and me to review? Mr. Reagan responded I am not going to dratt anything, I prefer to just talk buyer and advise him what we are doing. Mr. Comeau stated that sounds good to me. Mr. Reinders stated we are obviously not trying to alarm the bond holder. It looks to me that something positive is going to occur in short order. If that is the tenor of the communication that you in good conscience can convey to the bond holder, it is that we are trying to keep him fully apprised, we are going to continue to keep him fully apprised and we are optimistic that the matter will resolve itself satisfactorily in the course of the next week or thereabouts. Is there any further discussion? 'On MOl'ION "by-'Mr. 'Reinde~-s secb'i4'd~d by Mi'." Him'ii with ail in favor the Underwriter was Directed to Communicate to the Bond Holder the Substance of In/'ormation Received by the Board today Pertaining to the Efforts of U.S. Home and the Other Partnership Regarding the Development of the Golf Course and to Advise the Bondholder he would be Contacted in Short Order upon Resolution of the Issue. Mr. Reinders asked what else is there to discuss? Mr. Reagan stated one thing I would like to bring up since you have all of the Board members gathered is the proposal that U.S. Home and William R. 5 ^pa I 6 G l Hough are debating back and forth includes a lease with the District and would require the District to actually be the issuer of a taxable bond issue. While we don't have that structure down firm so I could describe it to you in more detail, I want to let you know, since this is an advertised meeting, that that proposed structure will be corning before the Board if we are successful at it. It at least gives you some notice that we are going to need the District to issue those debts if we can find them marketable. Mr. Reinders stated I guess we should think about continuing the meeting again. Mr. Reagan stated I think if we were ever to come before the Board, and certainly your District Counsel and your Bond Counsel would advise you, I would want to have something published specifically what is going to be on the agenda if we are going to be issuing debt by the District. It would give me more comfort and I am sure it would give the proposed buyer more comfort also. Mr. Relnders asked do you concur with that Messrs. Ward and Anderson? is that something that you think would be most appropriate for special notice in effect as opposed to mere continuation? Mr. Ward stated let me first understand what Mr. Reagan is proposing. First of all, I tend to think it would be a good thing to continue this meeting anyway to get an update next week as to where we are. I agree that if we are going to do something different with bonds than we have previously done, that has to be a separately noticed meeting with a regular agenda. I would suggest you do it in two forms: One, continue tills meeting to another date and time certain to see if we come to some verbal conclusion at least as to where we are and then if we hhve to re-notiCe more meetings for the purpose of issuing additional bonds, we can proceed with that. Mr. Reagan asked Mr. Ward, do you know offhand, years ago when we did the validation, do we need to do additional validation if this transaction is a taxable issue? Mr. Ward replied no, you don't need to do an additional validation, end I will verify that and call you back today. Mr. Reagan stated I was going to call Bond Counsel to make sure because I thought we were safe but I am a little concerned about it. Mr. Ward stated we went through this scenario one time previously on the taxable side of it and I remember that someone opined that we did not need to revalidate. April 10, I997 16Gl '-, Mr. Reinders asked what about the amount? Mr. Reagan stated it wasn't revalidate, there was validation on the golf course site, is that right? Mr. Ward responded there was a validation on the golf course site up to a certain amount of bonds. Mr. Reagan stated I thought it was $6 million, does that sound right to you? Mr. Ward replied it was either six or seven million, I don't remember the number. Mr. Reinders stated my recollection is $6.5 million. Mr. Reagan stated Mr. Comeau and I need to discuss that after the meeting. Mr. Ward stated if it goes over whatever the validation amount is, it obviously would have to be revalidated. Mr. Reagan stated that could take months. Mr. Reinders stated check on that please and send a memo to us and let's see if it matters if it is taxable or non-taxable, let's see if the amount is going to work and the validated amount. I don't know if there are any time limits on issuance after validation that you need to look at. Mr. Ward stated I will ask Bond Counsel that. Reinders stated on the revalidation, I would like to get a reliable of the time frame. That will have some impact, I suspect, on our bond Mr. projection holder. Mr. Mr. Ward stated we will do that. Reinders stated in the meantime, I don't know that we are in a position to do that much more other than to pick a date for our continued meeting for the purpose of updating our status and hearing back what the reaction of the bond 'holder was and hearing more about the question of validation. We haven't changed our posture or thinking, I assume, in terms of proceeding with anything on the residential until we know what direction the golf course project will take but we have done all we can to have Boness in a position to be activated at our subsequent will. Does anyone have a calendar to set a continuation date? },fr. Ward asked if we continued this over one week until Thursday, April 17th, would that give you enough time as developers to come to some conclusion with respect to the two deals you are working on? Mr. Reinders replied let me speak to what I am most familiar with which is my effort with Klass to put together a partnership and the property equity and 7 ~pril 10, 1997 1 6Gl financing. My expectation is that by the 17th or 18th we would know if or if not we would have a partnership agreement a Purchase and Sale Agreement with the Developer, a nod back from H3M that they are still comfortable with the structure and the revised Budget and fully committed with the equity dollars. Mr. Comeau asked how much would you be depositing, $2 million? Mr. Reinders replied we feel the requirement is about $2.1 million of equity to a $4 million HJM loan. Mr. Comeau stated you can have that in the bank by Thursday. Mr. Reinders stated the partnership agreement contemplates that it goes on deposit with Ruden McCloskey all in that time ir_nme because for our part, I want to know that we are either going forward or get out of everybody's way as quickly as possible so that other alternatives can continue to be explored. Doing this in any event with the understanding that other alternatives are being explored and I encourage that. Mr. Comeau asked with that strong of a commitment, would you recommend that U.S. Home hold off their efforts for a week, if it is to the point where you already have an agreement structured? Originally, what was conveyed to U.S. ttome has been that full moneys in escrow would be in place for over 30 days or more. If that was the case, we would still continue our process but if you went ahead and the only way that HJM is going to come back with a strong commitment letter is knowing that the full dollar amount is in escrow. If the full dollar amounts are in escrow, then the chances that HJM would go forward with these original terms and conditions with some tweaking seems very feasible so that by next Thursday, the money is in escrow and agreements made, we at U.S. Home would only wish for the Developer to proceed and complete the process. If it is only $25,000.00, then we will continue; if it is going to be a hard commitment to make this happen in a timely fashion, I applaud the efforts and wait to see what you are able to accomplish. Mr. Reinders stated my response to that is on several levels. As a Supervisor of this District, it would be my desire to see every avenue actively explored as quickly as possible for the sake of the development of the community, the security of the bond holder, the welfare of the property owners and so forth. As a potential contract buyer of golf course land with the group to go forward, I don't see that that causes any harm to those efforts which I would gather U.S. Home would just as soon see this proceed outside of their own efforts in that regard. Certainly to that extent, I don't have a problem with a simultaneous 8 April 10~ 1997 track. In any event, I think it would behoove to answer a few fundamental questions to the extent you can find out, is it a marketable issue? Is there a revalidation process involved? Is it the will of U.S. Home to even do it based on all of the facts? I think those issues are still well explored and nobody is guaranteeing that anything gets done so I think it is best that every avenue continues to be actively explored. The only other thing that I don't know is if U.S. Home is potentially interested in the entire project, all of the residential, I am assum~g they would want the golf course anyway. I don't know that to be the case and if that is a viable avenue, I wouldn't purport to speak for them and in any way deter or foreclose that option. Mr. Comeau asked as far as continuing the meeting, I have to be in Tallahassee next Thursday and Friday, would it be possible to meet on Monday, the 21st? Mr. Reinders stated Monday suits my purpose. On 5lOTION by Mr. Reinders'"'"~econded 57 Mr~ Bailey[ with all in favor the meeting was recessed at 11:15 A.M.[ and continued to Monday, April 21, 1997 at 10:30 A.M. at[ the same location. ~ L. "" Secret~ry 9 A~A HE]~rr.4.GE GREEN8 CO~ DEV~.OPMENT DISTRICT 277 N. Collier Boulevard Maxco Island, Florida 16 '1 P~II C~ll Discussion of Delays and Lack of Financing for Golf Course Construction with Respect to Meeting Requirements of Bond and Noti//cat/on to Bond Holder. Staff Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Adjournment MINUTES OF MEETING , HERITAGE Gl:kEENS COMMUNITY DEVELOPMENT DISTRICT The regular meeting o£ the Board of Supervisors o£ the Heritage Greens Community Development District which was held Thursday, April 3, I997 was reconvened on Friday, April 4, 1997 at 10:30 A.M. in the offices of Ronto Development, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Raymond Harris Charles F. Bailey Peter Comeau Also present was: Chairman Vice Chairman Assistant Secretary Supervisor (By Telephone) James P. Ward Bruce Anderson Bill Reagan ORDER OF BUSINESS Assistant Manager Attorney William R. Hough & Co. Roi1 Call Mr. Reinders called the meeting to order at 10:30 A.M. and stated that Messrs. Bailey, Harris and Reinders were present. ~-,C~ND ORDER OF BUSI~q:~_ _ Approval of the lVIinutea of the January 23, and January 31, 1997 Meethq~ Mr. Reinders asked does anyone have any additions, deletions or clarifications to the Minutes that are in your agenda package? Hearing none, I will entertain a motion to approve the Minutes of the Meeting of January 23, 1997 as written. [On MOTION by Mr. Bailey seconded by Mr. Harris with all in favor the January 23, 1997 minutes were approved Mr. Reinders stated let us proceed to the Minutes of the Meeting of January 31, 1997. Again, I call for additions, deletions or corrections. On page 4 of those minutes, six lines from the bottom, it says, "Mr. Klass stated as far as Boness is concerned,..', I think the reference should be ~ stated as far as Boness is concerned because to the best of my knowledge Mr. Klass was never with April 1681 B~xn~tL On page 15, six lines from the top, I believe the reference at $840,000.00 should be a reference to $825,000,00. On page 20, appro~mata]y half way through where it says, 'Mr. Reinders stated my motion is basically as follows: We start with the proposition that this District has levied contracts" I tFAnk the reference was has let contracts and it should be singular "contract' not plural. On page 25, six or seven lines from the bottom, there are some references to Ronto Development or Ronto Partnership. Why don't we just refer to Developer as neither of those is a development entity, therefore, the reference should be Developer. Are there any other comments or questions? Hearing none, I will entertain a motion for approval of the Minutes az amended. [Oal~ MOTION by Mr~ Harris seconded by Mr. Bailey withi in favor the January 31, 1997 minutes were approved[ las amended. ~ ORDER OF B~ Publtc Hem-b~ on the Adoption of the Budget for ~ Year 1997 and ~tton of Developer F~d/n~ Agreement Mr. Wpu-d stated item 3 on )'our agenda is a public hearing relative to the adoption of your Fiscal Year 1997 Budget and consideration of a Developer Funding Agreement thereto. As I had ind/cated to you at a prior meeting, this process is normally handled in the summer of each year, however, due to the state of financial emergency that this District was in last year, the District was not able to go through the Budget process and accordiugly has utilized a Budget from prior years, therefore, I have prepared for you the draft Administrative Budget for your General Fund for Fiscal Year 1997. It is a standard Budget for this type of work. Along with that I have included a Developer's Agreement between Heritage Greens Limited Partnership and the C.D.D. which indicates that the Owner-Developer will make the funds available to the District on a periodic basis, essentially monthly, based upon tho District's requirements for Operations. If you have any questions, I will be glad to answer them. This is a public hearing, Mr. Chairman, and at some point you should open it up to the public for comment and testimony. Mr. Reinders stated I hereby open the meeting to public comment and testimony. I show no members of the general public present other than the 2 April 4, I997 par'des previously identified. Ara there any comments from the Supervisors with respect to the Administrative Budget? Mr. Harris asked is this the Budget I can utilize in disclosure to Purchasers? Mr. Ward replied no this is just the Operating Budget. Mr. Harris stated the Operating Budget is still paid by all 525 residences. Mr. Relmders stated I think the Fiscal Year 1997 Budget is going to be totally funded by the Developer. For purposes of the Developer's disclosure, U.S. Home's ~isclosure to prospective purchasers for subsequent years, they may want to say that this is the Budget for this current year. It is obviously subject to some changes as you go forward. For your benefit, if you look at the disclosure that was done for the Key Marco C.D.D., you will see language that is pertinent. Mr. Bailey asked does this Budget address the Board of Supervisor fees that are in arrears? Mr. Reinders replied no, we discussed at our prior meeting of January 23rd, a~ I recall, that those are the Developer's obligation to fund, they would not appear in our current Fiscal Budget but they are going to have to be funded by the Developer. Mr. Ward was going to generate a schedule of those amounts, get them to me and I was going to submit them to the Developer so that they can fund it to the District and wa can disburse accordingly. I assume there ia some urgency about collecting some of these moneys assuming that we adopt this Budget and approve this form of proposed Agreement between the District and the Developer, I will get it transmitted to the Developer forthwith. It occurs to me that thoro ia a second Improvement Acquisition Agreement and that there are probably some ~uma due and owing to the Developer under that Agreement. Is it appropriate to consider applying those funds? Mr. Ward replied no it is not appropriate. I need three motions from you if you are ready for motions. I need a motion to close the public hearing. On MDTION by Mr. Reinders seconded by Mr.'Bail'e~,[ with all in favor the Public Hearing on the Adoption of[ the Budget for Fiscal Year 1997 was closed. Mr. Ward stated the second motion is a motion to adopt Resolution 97-7 which is: A RESOLUTION ADOPTING THE FINAL BUDGET OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT FOIl FISCAL YEAR 199~97. On MOTION by M~-i geinaera sec°nded bY'Mrl H~sl with all in favor lq~esolution 97-7 was Ado]~ted. [ Mr. Ward ~t~ted the third motion is a motion to approve the Agreement between the Heritage Greens C.D.D. and the Heritage Greens Limited Partnership to fund the Fiscal Year 1996-I~7. Mr. Relnde~ ~tated that should be Heritage Greens Developments Limited Partnership as the development entity. "On MOTION by Mr. Relnc[ers seconded by Mr. Bailey[ with all in favor the Developer Funding Agreement as _amended wa~ a~im~ved. ,,,, ,, Mr. Reinders stated on the pay requests that are attached in our package, please address those to Heritage Greens Developments Limited Partnership, and send them to the attention of A. Jack Solomon as I am not affiliated with that development entity in that sense. Mr. Anderson stated I have two items. I want to report to you that the second Improvement Acquisition Agreement that was authorized at the January 31 meetfng was finalized and it has been executed by all of the parties. Secondly, I wanted to bring to your attention a change in the Subdivision Construction and Malntenanco Agreement that the District enters into with the County. Mr. Ward stated the record will reflect that Supervisor Comeau has joined ua via telephone. Mr. Reinders stated Mr. Comeau to bring you quickly up to date, we have had our Call to Order, concluded our public hearing on the Fiscal Year 1997 Operating Budget and adopted same and approved the form of Agreement for funding with the Developer. We have, subject to some fairly minor amendments, approved the Minutes of the January 23rd and 31st Meetings and we were just hearing a report from Mr. Anderson which was essentially to date to the effect that the second Acquisition Agreement was finalized and signed by ail parties 4 Al~4! 4, 1997 and he was beginning to address tho status of the subdivision Construction and Maintenance Agreement. With that I will go back to Mr. Anderson. Mr. Anderson stated with regard to the Construction and Maintenance Agreement, there were some non-substantive changes which were requested by the County Attorney's Office to make the Agreement consistent with how the Land Development Code reads today with regard to Community Development Districts, changes like Planning Service Director is changed to Development Service Director. There was one substantive change to tho Agreement that was also initiated by the County, not the County Attorney's Office, but the amount shown in paragraph 2 of the Agreement for what the District has to set aside as the construction amount and the reserve amount for the subdivision improvements was changed from $2,310,654.00 for the construction amount. The new amount is $2,462,534.00. As a corollary to that, the 10% of the construction amount, which is called a reserve amount, was changed from $231,065.00 to $246,253.00. Those changes were sent to Mr. Ward and to me and were also approved by the Bond Trustee. Afr. Comeau asked if the two million plus dollars came from the $1.3 million plus or minus in the lioness contract plus additional dollars for fill to complete the infrastructure? Mr. Reinders replied more or less I think is the answer. I don't know that the Count)' totally calculates the dollar requirements in a one to one correspondence with the bid amounts. In essence, we had concluded that we knew wa had a $I,315,000 contract more or less with Boness for the infrastructure. We knew we were processing the $825,000.00 change order and I knew that there was another change order for discussion related to some minor drainage to the tune of about $42,000.00 so there was a fairly close correspondence between what the District's actual contract costs were anticipated to be and the amount tho County was mandating in conjunction with the Agreement. I think right, wrong or indifferent, the County gets the last say. Mr. Comeau stated based on the existing status, I know when Heritage Greens has finalized the Agreement with the County for Operations and Maintenance but because of ongoing issues for the golf course operator and existing conditions between the C.D.D., golf course operations and all other parties concerned, at this time, no change order should be authorized from the District to Boness for tha IFS00,000 plus work, and it should remain as we have 5 1907 already previously authorized for the infrastructure, water, sewer, roads, drainage and that kind of activity. Mr. Reinders asked before we come to that, did you have anything else in your report Mr. Anderson? Mr. Anderson replied no, I just ask that the Board ratify that change in the amount since that was a previously approved contract. Mr. Relnder~ stated I have no problem with that obviously as I was in part rezlxmsible for trying to finalize that Agreement as I had been charged to do by this Board. May I have a motion for the ratification requested by Mr. Anderson? IOn MOTION by Mr. Bailey seconded by igir. Harris with! all in favor the New Construction Amount $2,462,53.4..00 in Paragraph 2 of the Subdivision! Construction and Maintenance Agreement was] Mr. Reinders stated Mr. Comeau, your point in terms of what we do with our contract with Boness is timely and needs to be addressed. We need to agree on what is appropriate. Mr. Comeau stated you went ahead and executed the contract with Boness in reference to infrastructure which is fine but they cannot proceed until the notice is so given, however, for any and all change orders, requirements for fill and other activities I strongly recommend and insist that no further action be taken at this time. Mr, Reinders stated let me recap where I believe we left it at our meeting of January 31st. At the conclusion of that meeting, we had let the contract and authorized its execution for approximately $1,315,000.00 for the infrastructure. Mr. Comeau stated that is correct. Mr. Reinders stated we had approved entering into a change order for $825,000.00 with respect to earthwork. That change order has not yet been finalized. Mr. Comeau stated that change order should be withdrawn. Mr. Reinders stated let's wait and let me finish the status on this Lem. Thirdly, we authorized giving Notice to Proceed to Boness with respect to the Phaso lA infrastructure. Mr. Comem; stated all they have done is put in conduits but they have not proceeded any further. 6 Mr, Retnders stated we did that, it was my understanding based on the mtnutoe and the diacu~ion on the assumption that finalization of the golf course financing and contracts were imminent. It subsequently came to my attention that they were not imminent and at least in some serious question. Accordingly, I took it upon myself, based upon what I understood the intent of this Board to be, to withdraw the Notice to Proceed that had been issued to Boness with respect to the Phase lA inlrastructure so that they are not proceeding with that work and the District is not incurring any fuxther cost pending some degree of certainty or comt'ort that the financing and development of the golf course are such that it can proceed simultaneou~Iy with this District's work. Mr. Come. au stated that is correct. I concur that one, the Notice to Proceed needs to be wlthdrnwn, nnd any and all work that Boness has done up to date based on their initial mobilization activity should be paid, however, that change order as you did say which has not been fully executed or processed for the needs to be withdrawn and any additional funds for expenditure of District dollars, including operational expenses based on the Budget that has been adopted, should be suspended until such time as additional golf course financing has been secured or at least represented to the District that it is proceeding. Are you in agreement or not? Mr.. P, ainders stated the only thing that I would perhaps differ with you on would be that there is probably no harm, and arguably some benefit at least in finalizing the change order with the understanding that no work is going to proceed on change order or base contract until we have our comfort level established with respect to the goll'cour~ just to get the paperwork out of the way and otherwise be ready since the timing of this project is starting to lag rather seriously. Mr. Comeau stated that is understandable but I do not want the change order, and I am insistent upon this, but I do not want the change order processed with Bones~ for tho fill balance at this time. It is something that as far as going forward with infrastructure contract with the withdrawal of tho Notice to Proceed, I concur but I insist on not having the change order for the fill to be finalized or in any format transmitted to Boness for consideration. Mr. Ileinders asked may I ask your reasons therefor? Mr. Comeau replied because of ongoing discussion with the Developer and also discussions with potential alternative financing and construction opportunities that may exist with the golf course, that other arrangements are b~tn$ looked at by tho Developer and by U.S. Homo trying to determine who would be the best to develop the golf courso based on various alternatives, based on Mr. Klass's failure to perform in providing funds necessary to bu/ld the community and to meet his obligations. Any further obligations on the part of the Dist,-ict would thereforo be foolhardy and irresponsibIe on the Dis~'ict'a part. Mr. Eeinders stated this District still needs to assure itself of' the ava/lability of somo ~ material to do its work. Mr. Comeau stated that is correct. There is no assurance at this time frame since work has been suspended for completion o£ the earthwork and if' Bonees did proceed and was the earthwork contractor in conjunction with the golf' course, there would be no problem, but they may not be and consequently they not be in the position to acquire the fill From site based on flue interaction and the integral component that is going to occur between earthwork and golf course contractor and that ia going to be assisting the D/strict in meeting their obligations of providing inrrastructure and fill at least to finished lot grade and drainage operations. Mr. Reindera asked is there any further comment or discussion? I assume you are putting thta in the form cf a motion? Mr. Comeau stated that ia correct. Mr. Bailey asked how much of the fill is allocated to the golf course7 Mr. l~inders replied I have forgotten the specific percentages but I think it was referenced in the minutes of prior meetings. It was something on the order of thirty or forty percent goin~ to the residential as I recall. Forty-two percent is the number that comes to mind. Mr, Bailey stated I don't see the harm in going ahead with the change order aa long as we don't obligate the District in the funding. We have done the same thing with the basic contract without giving the Notice to Proceed. We haven't obligated the District. Mr. l~eindera stated I nm of the same opinion because on the one hand the District has some interest assuming everything is proceeding with Boness and that the golf course is coming and assuring itself of. what I thought was an advantageous arrangement with respect to the securing of fill material. Also, however the golf course goes forward, whether it goes forward through a subsequent bond issue or it goes forward through other parties or institutional financing, there ia probably some desirability in knowing what the golf course 8 1 6G1 development co~ are which are also a function of this change order to the extent that it would be mirrored by a reduction of those costs for golf course development. Mr. Comeau stated but as a practicality issue, if Boness is not the earthwork contractor for the golf course and this fill is going to be obligated to the District's point of view, they may not be the most cost effective firm to provide fill for the balance of the project in reference to the C.D.D. obligations and responsibilities. The assumptions upon which original fill considerations were put, forth are now null and void. The District may have the opportunity to obtain more cost effective fill in a more ellicient and effective manner based on what golf course operator and earthwork contractor cost sharing may exist. To assume that Boness will be that contractor should not be taken for granted. Second, until such arrangementa for earthwork and golf course and overall site work are £malized, that component of the project, to assume and obligate the Dis~ct even with the Notice to Proceed with the assumption that they will be able to provide the fill is inconsistent with the same conditions that exist with the Developer Ronto and their partnersMps and the Ronto Klass arrangement. Notification has been given that Klass is in default in complying with their obligation to proceed with the golf course and consequently are in no position not only to not meet the Developer's and the Klass partnership to proceed but they are in default of that arrangement and therefore since Klass is planning on using Boness, there are no assurances that they will be able to fulfill their contract with Ronto Klass partnership and to deliver the goli' course and earthwork. The whole assumption that Bonesa and the District being able to provide fill under that arrangement with the cost savings is null and void. Tho assumptions that were made and the obligations that were being considered and the premise that was being put forward are non-existent at this time. Mr. Reinders stated I will make one other comment and we will see if we can take some £ormal action. I sail consider that time is of' the essence from all parties perspective. This project is roughly 90 days behind schedule at this point. Mr. Comeau stated that is correct. Mr. Reinders stated assuming we reach the point that it is desirable to go forward, I think we are going to want to be able to move as quickly as possible on all fronts and as it stands right now, if we have not at least conditionally perfected our contract with respect to the District service, the work to be performed through the District, we are going to be issuing Notice of Meeting, we are going to have meetings, we are going to have discussions, we are going to do paperwork and 9 th~n we ar~ ~ng to lag another sever~ weel~. To ~a~ end, I would see ~ ~ ~u~g ~ a ~n~on~ ~g~ order ~h Boness to ~st~e~ ~ says a~ ~s ~s~'s sl~on, ~d a~g ~a~ Boness in in ~a~ the con~a~r ~or · s ~o~ co~, ~n ws ~ a~va~ ~s ~ge order ~or $8~5,000.00 ~d ws ~ ~ ~~ ~t ~ but at l~st w~ have put it in place such ~at we ~ ~ ~d at ~ gme. ~ose ~e my ~ou~h~ on ~e matter. ~ght now I ~ve a ~~ I do not ~ve a ~nd. Do I have a second ~ ~e moron? ~t's go back ~ where w, ~e. ~ght now, we Mve a gtua~on ~at says ~a~ for the record, we en~red in~ the con,aa ~or $1,315,000.00; we are autho~zed nego~a~ a ~ge o~. F~ $825,0~.~; we isled a No~ee ~ Proceed; we wo~d Hka ~me m~fi~on ~or the fa~ ~at we ~ew the Notice to Proceed and I w~Id l~e ~ have ~1 of us a~ee on what con~ons, if any, we ~II be gong fo~ard. Mr. Comeau s~d ~e problem ~ that is ~e pre.se is that ~ass ~d ~n~ ~11 pr~eed ~th Boness, U.S. Home has info.ed me that Ron~ has no~ U.S. Home that ~asa has dera~ted on ~eir a~gement, therefore, the premt~ upon which ~ proceed ~th Boness on the golf course is nonexistent. ~t Is ~e pmbla~ ~. ~nde~ s~d I a~ee; ~a[ is the problem. Mr. Co~au ~ked why would you go fo~d ~d assume that Boness can deliver ~ the a~gement ~ ~e ~ saint mecha~sm that was renewed at l~t mee~ng when ~at is n~l ~d void? More impo~ndy it has been conveyed ~t ~ you p~ed ~ ~e golf co~, Mr. ~ass has been no~fied ~d as such It h~ been co~e~nded ~ U,S. Home ~at they are in default, that U.S. Home contra~ually ~ their obligations ~ Ron~ have the Hght to approve or · sapp~ve ~y ~n~r ~t g~s ro~d ~ ~e project until ~e C.D.D. has · e obligation ~ go fo~d ~ the inrras~cture and suppo~ Boness for that pm~y. ~ness is not in a ~si~on ~th the ~ass ~nto relationship to build ~e golr ~ur~ and do ~e e~work bemuse Ronto as the Developer has notified ~ass ~t he is in derail ~ su~, ~e pre.se upon the chute order that was en~r~ in~ or ~dered at ~e la~ mee~g is n~l ~d void. Mr. Reinders s~ted not ~tally. I thi~ the premise o~ appro~ng the chanse order w~ that Boness shall have entered into a contract with the golf ~e o~r ~d ff ~at pre.se is not ~bsequenfly fulfilled, then that chute o~er d~s not get ia Notice ~ Pried. 1997 1661 Mr. Comeau uked why proceed at all? Mr. Retnder~ replied ~me. ~t wu my ~ent e~Iier. ~r. Comeau ~d the chugs order for ~e fi~ eho~d be placed on hold ~ffi ~ time ~ o~er obligations by o~er p~es involved ~th ~is project ~ ~ ~i~d. Mr. ~de~ ~d in ~y ~ent, we have no motions on ~e floor at ~e moment. Mr. ~m~u ~ I ~ ~e a me,on ~at at ~s ~me that any ch~ge orde~ ~ ~e ~ness con~a~ ~ placed on hold until fo~al notification of fi~li~flon of o~ e~work ~ ~e golf co~ for sc~e of econo,es has been fi~i~ ~d ~ no~fi~ ~ ~a Mr. ~ind~s asked do I have s ~nd to ~e motion7 The mo~on f~Is for la~ ors ~nd. Do I ~vs ~y o~er ~. H~s s~ I m~e s ~fion ~ accept ~e $825,000.00 chugs order. Mr. ~d~ ~d I ~ we ~ ~ere ~ready. ~e motion made at ~e m~flng of J~u~ 31 was my motion s~onded by Mr. Comeau ~ all in favor · u~o~ng ~at s ch~go o~er ~ ~e ~ness ~nt~ct be nego~ated to p~de a lump ~m fi~e not ~ ~ce~ ~,000.00 ~ meet the fill req~remen~ or ~e ~s~ It was stip~a~ ~at no Notice to Proceed would isle as to that chugs order until ~ch time ~at ~e gol~ co,se entity, whoever that may be, has fi~iz~ s ~n~a~ for ~e golf co~ development ~d seared its finandng and clos~ on s~,. I ~ we ~e ~y whet, we w~t to be. The o~y motion I w~t ts approval for ha~ng ~drswn ~e Notice to Proceed on Phase lA ~d · en I ~ g~ng out ~d negoga~ ~e ~ge order for $825,000,00. Mr, Ward stated the record will reflect that Mr. Comeau has Ic~ the meeting tn order ~ change ~lephoaes. There not being any, the next item followed. C. M~ua~ },fr. Ward s~ted while we are awaiting Mr. Comeau's return, I will make my report. With the old Dove Points, now Heritage Greens C.D.D., coming back into compliance with the financial accounting standards, I have provided to you an audit for Fiscal Year 1996 which is for the year ended September 30, 1996. I will go through the important points. On page I is the Auditor's letter relative to ~,ourfinancial.tat~ment. anditi, essentiallyanunqualified^uditor'sl~port ^pril 4, I O7 1 6G1 which means that he did not find any irregularities in the presentation or preparation of your financial work that would cause lxim to qualify the statement. That is, in fact, the most Lmportant issue that you have dealt with for many years. Pages 2 and 3 contain a Balance Sheet and Income Statement. The record will reflect that Mr. Comeau has rejoined the meeting. While you were changing phones, I was going through the audited financial statements. As I stated, pages 2 and 3 are the Balance Sheet and Income Statement. It shows that there is a $141,000 Fund Deficit for 9/30/96. That will be cleared up when you see your 9/30/97 financial statements either from bond proceeds that were utilized to pay some of the professionals or alternatively through funding by the Primary Developer. Pages 4, 5 and 6 are the Notes to the Financial Statements. Again, the only significant notes are on page 6 relative to the Deficit Fund Balance and Subsequent Event note in which the District issued $6 million in special assessment bonds to provide the cost of constructing these facilities. Pages 7 through 12 are three additional letters that auditors are required to provide to you. They are the Report on Internal Controls, the compliance with Statutes letter and then the Management Letter which is on page 10. There were no comments on the Internal Controls Report, no comments on the state law requirements and then in the Management Letter you will notice a couple of comments, all related to the fact that the District was in a state of financial emergency. On the bottom of page 11 the Current Year Comments about the District not preparing and approving the Budget in accordance with 190.008 which ia the requirement that it do that in the summer months. As I mentioned, we were not able to do that because of a state of financial emergency that the District was in. Also on the bottom, relative to the disclosure requirements of a stat~ of financial emergency, although that has been complied with, it is still a Management Letter comment required. Those are the only two comments which will clear themselves up automatically as a part of your audit for next year. If you have any questions, I will answer them; if not, a motion to accept your Financial Statements would be in order. On MOTION by Mr Rc'inders seconded b M'~ Har~'isl w~th ali in favor the Financial Statements for the Year [Ended September 30, 1996 as prepared by Schultz,! [Chaipel & Co. was acce~ted. Mr. l~tnder~ ~,~ted to return to our previous topic, I will try to summarize wher~ we are currently. I understand what you are saying that on the one hand this change order which is in effect premised on Boness being the contractor for the golf course is obviously not of any benefit to this District in the event that Boness does not become the contractor for the golf course. This District does not control who becomes the contractor for the golf course. [n fact, we may have a problem with our base contract if they do not become the contractor although I guess it was separately bid, bonded and contracted so I will assume that at least potentially stays in place. On the other hand, I see no harm in leaving things as we previously authorized them because in the event they do become the contractor, at least our contract is complete at that point and we are in a position to immediately proceed without further ado or delays with a job that is already seriously off its time line. I would consider that our failure to date to make any change to our prior authorized actions does not foreclose us from subsequently not sending a Notice to Proceed on the change order or negotiating with whomever the contractor may be on the golf course, if there is one, and be in a position where wa can at least fix our costs on the assumption Boness is the contractor, expedite our ability to move forward if they become the contractor for the golf course and do that without any prejudice to whomever is the golf course developer and whatever their contractual relationships or preferences may be. I ask, however, that because at our prior meeting, we agreed to give Notice to Proceed to Boness on Phase lA and, based on my understanding of the implicit will of this Board, I retracted tkat Notice to Proceed and I thiak going back to what you said a moment ago, Mr. Comeau, that we don't want tx) issue a Notice to Proceed until we know that this golf course matter is resolved, I would like a motion to authorize the withdraw'al of the Notice to Proceed and provide that no Notice to Proceed will issue until such time as we all concur that adequate arrangements have been made with respect to the golf course development. },ir. Comeau stated I believe the motion should be to confirm the Chairman's actions because you have already done it. We have the right regardless of who the golf course contractor is to withdraw that change order. Mr. Reinders stated we should make sure that that change order specifically says that it is conditioned upon lBoness becoming the contractor on the he golf course and that we may withdraw or that its activation is totally at the future will of this Board premised on their becoming the golf course contractor. Mr. Comeau asked what if they don't get to be the golf course contractor? M~', Retnders stated that voids the change order in effect because they obviously can't perform at that point. Mr. Comeau stated second, the reissuance of the Notice to Proceed should be based on written documentation not any one representation by any particular Board member but upon official written notification and documentation to the satisfaction of the Board and the Board's Counsel that yes indeed there are arrangemen~ to proceed with the golf course and that all financing and all appropriate documentations of other parties to this project have been filed to proceed and perform. ,Mr. Reindcrs stated I will try to rest.ate it for the record so that all of us are comfortable. I interpret the motion to ratify my former actions in withdrawing the Notice to Proceed to Boness with respect to Phase IA of the infrastructure and to provide that no Notice to Proceed will issue from the District until such time as we and our Counsel are satisfied that adequate arrangements have been made to fund the golf course development. I said 'we' in the sense that I would anticipate in that case that this Board would convene for the purposes of making that determination. I think that is the easiest way to do it rather than to try to specify who the Notice shall come from and what the standards for review by Counsel are. In other words, if you agree Mr. Comeau that this is the essence of your motion, no Notice to Proceed will issue absent subsequent action by this Board of Supervisors. l~lr. Comeau stated that is correct nnd the third component would be that if it proceeds with Bone.ss as that earthwork contractor, the change order for fill would bt., withdrawn or renegotiated as such. ~lr. Reindern stated I accept that, the change order for the $825,000.00 f'dl, is that correct? l~lr. Comeau replied that is correct. 'On hIOTION by ~tr. Comeau seconded by blr.-"Reinders with all in favor Chairman Reinders' Withdrawal of Notice to Proceed to Boness on Phase lA of the Infrastructure was Ratified and it was Stipulated that No Notice to Proceed will issue from the District until District and District Counsel at a Board Supervisors ~Ieeting are satisfied that Adequate Arrangements for Funding Golf Course Development have been made; further that if Boness does not become the Earthwork Contractor, the $825,000.00 Change Order for Fill be Withdrawn or Renegotiated. 14 1 6G1 Mr. Reinders asked are there Hearing none, we will move to item 6. any additional Supervisor's requests? 8IXTH OBDER OF Constde tlon of Requests Mr. W~ ~d we have F~&ng ~ues~ before ~e Bo~d for Mr. ~inders asked ~e ~ose ~e items ~at I addressed earlier as ~ ~e ~r addresses? ~. W~ r~lied yes ~ey ~e. Mr. ~nde~ ~d we appr~e for ~e Dis~ct and fo~d ~em Doel~r, Is ~t co~e~? Mr. W~d res~nded they have already been fo~arded but you need apple ~em. Mr. Reinders asked is there any further business? bit. Comeau stated one of the things is we are 90 days behind and moving forward with the infrastructure, the Board's obligation, I believe that negotiations will be successful and I believe the Board will be in a position to meet their obligations, however, it would be prudent at this time if' our Manager, Mr. Ward, and Mr. Anderson would get in touch with Mr. Reagan, our Underwriter for the bond, and determine what ac'done need to be taken by this Board to continue in compliance with our bonding obligation. In other words, we need a status report from Mr. Reagan o£ any and all potential concerns or issues or additional actions or performances that may be required. Mr. Ward stated Mr. Reagan is here so if he wants to do that now, fine, otherwise we will ~chedule that for the next meeting. Mr. Comeau stated I request that for the next meeting Mr. Reagan be kind enough to give a report. Mr. Reindera asked let me ask what communications, if any, have been sent to the bondholder with respect to our current status? Mr. Reagan replied it was about three weeks ago that the bond buyer, which happens to be Alliance Capital who is the holder of all the bonds, showed up unannounced because he was in the area for other purposes and asked to see the property and walk on it. When you are in that particular situation and four days before that I was notified by Klass that he was no longer coming up with his money, it does make you wonder. I called the Chairman and I called the Manager and said I had some concerns about bond proceeds, we do have the bond purchaser on site. I talked to the bond purchaser and informed him that we were having difficulty with the golf course site. I told him there was some strong interest at that time that U.S. Homes might come in and secure ties to debt Mr. Comeau, if you will recall, that was our preliminary conversation. He was okay with that but he did put me on notice as he left, as investors tend to do, any change in that status he wanted to know immediately and that is rightly so. For the record, I thought today was my deadline before I called them and told them we have a problem. I would say that I could stretch it out for 48 to 72 hours but there is a point where I start creating tremendous liability for my firm without notifying them of the problem. To answer Mr. Comeau's question, you will have something from me either verbally or in writing as to our notification of the bond buyer. I don't mean to create a knee-jerk reaction with that. That holder of the bonds doesn't want anything to happen to this District so he is not going to come in and say I want this property, I don't think that will be their position at all. I think they will just want to be informed, know what we are doing about it and is it going to create any future problems and that is what I would so advise them. I would rather go to them a~d say we have this problem, here is how we contemplate correcting it and we are going to give ourselves X mount of days, do you have any problems, suggestions or can you offer any assistance. I have already asked if he would like to come in with $6 million of tax-free debt and he did not seem interested in that. Mr. [~inders stated I am in favor of providing, fair notice and information to our bond holder. I still have every confidence that we will go forward in a proper manner. We know there are several parties interested in trying to move this golf course to commencement in fairly short order. Klass is still making his efforts, he has defaulted but that agreement has not been terminated. We understand that U.S. Home is looking at some arrangements, there may be others who are at least contemplating it. I still suspect it is a very viable golf course operation so I think all we have suffered is some delay and anguish but I don't think we will suffer monetarily. Mr. Reagan stated the point that you will probably come to in a few weeks I imagine is that you are eating up interest which is going to bond proceeds. You have a payment coming up this year ~ometime and there will be a point where all of that needs to come to a halt, collapse the bond issue, see if you can work out some sort of settlement, return the money and I am making this very simple but we need to try to do those sort of things if we zee ourselves having further delay. A~ you start eating up money, then you are worrying about them being intimately knowledgeable about the transaction and you have to worry about the Developer' side, what he is going through. Somehow, probably within the next ten days, I imagine we are going to have a meeting to decide how you are going to proceed with this transaction because what I am mostly concerned about now is you haven't gone through many dollars yet, is that correct7 That is still a fairly small amount of bond proceeds. Mr. Ward responded it is a couple of hundred thousand dollars. Mr. Reagan stated your next big payment will be the capitalized interest payment. I would rather be able to go to the bond holder with almost all of the money in place. When he was down here in January or February, I told him bond proceeds are in place, we have just spent a couple of hundred thousand dollars which I got from the Trustee. Mr. Reinders stated I don't know if the answer is a week or ten days. It seems to me that if we haven't seen a plan of action that gives a reasonable degree of comfort in that time, we need to think about the alternatives. My guess would be we are 30-45 days away from actually seeing someone get in the ground on the golf course in the best of circumstances however it proceeds. We would like to know who is proposed to be a golf course developer and on what basis and what their time line for getting started is. To that end, I suspect it may be appropriate to continue this meeting to a time and date certain so we can review our status in a week or ten days. Mr. Comeau stated I recommend this time next week. Mr. Ward stated I am booked all day next Friday, could we do it on Thursday? 17 Mr. P~inders stated I am not adverse to that. Mr. Comeau stated Thursday is fine except that if Mr. Reagan is proceeding within 72 hours with some form of notification and there are actions that he needs to take in reference to the bond purchaser and because of the weekly changes that are occurring with options concerning the golf course construction, with this time frame, it seems prudent that the Board meet regularly to assess what actions may be necessary to meet the comfort level of the bond purchaser. Mr. Reinders stated the other thing that occurs to me is, and I hesitate to speculate, but is the interest that U.S. Home is displaying potentially related to this golf course predicated on an additional bond issue by this District. Mr. Reagan stated Mr. Comeau, I haven't discussed with this District or any members of the District my discussions with your firm, not for any purpose not to, it is just that I haven't had the arena to do that. Mr. Comeau stated that is only one of three options that is being explored and nothing has been finalized. U.S. Home is in a position that they are looking and the number one objective of U.S. Home is to have the Developer perform in all aspects including golf course construction and earthwork and they are looking forward to the C.D.D. performing as we know they would in providing infrastructure and support to meet their obligation. Failure of the Developer to perform, U.S. Home is exploring options as you pointed out previously, Mr. Chairman, az other people are looking at financing options for the golf course, so is U.S. Home. At such time as more formal arrangements have been finalized in reference to a bond financing, which is only one option, the Board shall be so notified but at this time, nothing has been finalized. Mr. Reinders stated perhaps we should reconvene on next Thursday and those that can't be here in person can be by phone and we will see if the smoke has cleared at all in the interim. Mr. Comeau asked Mr. Reagan do you deem that to be appropriate? Mr. Reagan replied yes. htr. Reinders stated that will be 10:30 A.M. on Thursday, April 10. Do we have any other business before we entertain a motion to continue the meeting? There not being any, I will entertain a motion to continue this meeting on Thursday, tho 10th day of April at 10:30 A.M. at these offices. with ail in favor the meetin~ was continued to Thursday, April 10, 1997 at 10:30 A.M., at 2?7 N. Collier Boulavard, Charles F. Bailey ~ ' A~i~t ~cretflry CltaiYman ./ 1 6(31 AGENDA CO~ DEVELOPMENT DISTRIC~ Friday 10:30 A.M. Continued from 277 N. Collier Boulevard Marco Island, Florida 1. Roll Call Approval of the Minutzs of the January 23, and January 31, 1997 Meetings Public Hearing on the Adoption of the Budget for Fiscal Year 1997 and Consideration of Developer Funding Agreement 4. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's R~quests and Audience Comments 6. Consideration of Funding Requests 1 and 2 7. Adjournment RESOLUTION V7.7 A RESOLUTION ADOPTING THE FINAL BUDGET OF THE HERITAGE GREENS COMMUNITY DEVEI2DI~I]i2NT DISTRICT FOR FISCAL YEAR 1996- Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed Budget for the ensuing fiscal year; and WHEREAS, a public hearing has been held on this 3rd day of April, 1997, at which member~ of the general public were accorded the opportunity to speak prior to the adoption of the final budget; ow, rr SUPERVL.qORS OF THE ttEIIITAGE G~~ uu DEVI~ ~0~ DISTRI~ 1. The proposed Budget heretofore submitted to and approved by the Board is hereby adopted as the final Budget of the District for Fiscal Year 1996-97. 2. A verified copy of said final Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings". Adopted this 3rd day of April, 1997. Secret~ry ~/a.~' Reinder~ / Chairman / Heritage Greens Community D~velopment District Budget- General Fund Fiscal Year 1997 16Gl Administmtir~ Fees: Telephone P~tag~ & i~productton Ren~ls & ~a~ ~e Ex~ & ~ppli~ ~ra~ Sub~pt~ & Mem~rsh~ Othtr Fec~ and CJurgcs: Property AppraLser Tax Golk,~ctot Revenue Reserve Not Applicable for FY 1997 Total Revenue:. Sub-lot.al: S107,350 S107,350 Sl2,O00 S20,0C0 S20,000 $0 $2S,.S75 SS,000 $0 S92,375 S600 S2,400 S6~0 ~,000 S2,000 $1,5~0 S175 $1200 Sub-tot.al: 514,975 Sub-tot.al: $0 Total Appropriations: S10'7,350 16G1 THIS AGREEMENT, made and entered int~ this 3rd day of April, I997 by and between: Heritage Greens Community Development District, a public corporation created pux~uant to Chapter 190, Florida Statutes, and Heritage Greens Development, Limited Partnership, hereina.O~r WITNESSETH: WHEREAS, the Developer owns the majority of all lands within the District; and WHEREAS, the District pursuant to the responsibilities and authorities vested in it by Chapter 190 F.S., desires to proceed with the discharge of its duties to include administrative, legal, and the preparation of certain plans and specifications for the Water Management, roadways and water distribution and wast~water collection facilities, hereinafter referred to as capital improvements; and WHEREAS, the Developer recognizes that in so discharging said duties and responsibilities, certain benefits will accrue to the land; and WHEREAS, the Developer is agreeable to funding the operations of the District as called for in the Budget, approved by the Board of Supervisors, which is attached and made a part hereof as Exhibit "A" said budge', covering the balance of fiscal year 1997; NOW, 7IIEREFORE, based upon good and valuable consideration and mutual covenant~ of the pattie, hereinafter recited, it is agreed az rollow~ 1. Developer agrees to make available to the District the moneys necessary for the operation of the District as called for in the Budget, shown as Exhibit 'A", monthly, within fifteen (15) days written request by the District. The funds shall be placed in the District's General checking account in Broward County. The parties hereto recognize that a portion of the aforereferenced operating expenses are required in support of the District's effort to implement its capital improvements program which are to be f~nanced in the form of note(s), bond(s) or 16Gl '' future developer advances and as such may be considered to be reimbursable expenses. The District agrees that upon the issuance of its note(s) or bonds(s) that there will be included an amount s,tfficiellt to reimburse the Developer for a portion of the advances made pursuant to this agreement and such reimbursement will be made within thirty (30) days of receiving the proceeds of the note(s) or bond(s). The advances made pursu_~nt to this agreement and reimbursement of same will not include any interest charge since it is anticipated that the District will proceed in a timely fashion to obtain its note(s) or bond(s). Heritage Greens Community ~e{es Reinders/ Chairman Heritage Greens Developments Limited Partners~p 1 6Gl Heritage Greens Community Development District Budget - General Fund Fiscal Year 1997 De-~lopev Conmbufion Board ot Su~, F~ End--ns Audit ~&~t Tm~ G~/A ~ l~ Total Revenue: Sub-total: S107,350 S107,350 S12,13GO S20,0~ $20XX~O 592,375 Administrative F~c~: Telephone Pc~tage 6: Repr~uc~n ~uls & O~flce Ex~s & 5upplio ~I Advw~ng $ub~p.o~ & Mem~shi~ Conting~i~ Othtr Fees and Charges: Property Apprai~r Tax Collector Revenue Reserve Sub-total: Not AF ?licable for FY 199;' 52,4CO 51,'5 51200 514,975 Sub-total: SO Total Appropriations: $I07.350 FebcumT 18. 1997 TI~ Bonto Group 277 North Collier B~'~d. Marco ~. FI. 34145 Dear Mr. The ~t fur,ding r~iu~ent for the Heritage Gr~er~ Community Development Dist.,la is necessary to pay ~ $26.50 ~4,555.23 $48.00 $46.50 $17,666.73 ~400.00 $1.000.00 $25.00 $50.40 $243.69 Tot~ Request: 826,173.95 Accordingly. It wo~ld be appropriate for The Ronto Group to fund these Items at your earliest. Thank you for your attenUon tn th/s matter and ffyou have any quesUons, please let me know. In the meantime. ! remain. ~nd Check To: Herlta~ge Grooms CDD c/o Raudy WhlZe 10300 N.W. 11th MLuor ¢or&l Springs, lq. 33071 Yours sincerely. Randolph G. Whl~e Dtr~m' of AccounUng Greens Commenit~ i:)s~l~ent Dbtrtct 16Gl The Ronto Group ~ North Collier Blvd. Marco Island. Fl. 34145 ~e ~ C, amm~ Der~ent DIM~iet Fund Request Dear Mr. Reinders. The current funding requirement for the Heritage Greens Community Development District is nec'es,sa~ to Pa7 the flm2ervi,tor Fees Il'for any reason you do not agree with the super~'tsors that we show on the attached work. sheet, please Inform us who you do not want paid when you send the funding check. ~ I,. Mo?er. P.A. Fees for bond cio~fng Tot~l Request: $2.666.67 810.866.67 Accordingly. It would be appropriate for The Ronto GrmJp to fund these items at your earliest Thank you for your attention to this matter and ffyou have an)' questions, plca.,~e let mc know. In the meanUme. I remain. 8~ud Check To: Heritage Greens CDD c/o RJJad~ Wlzite 10300 I¢.W. llth Ms. uor Cor~l Sprla~. ~. 3307~ Yours sincerely. Randolph G. White Director of AccounUn¢ HERITAGE G]~ COMll, fUNITY DL:'YELO~ DISTRI~ (}'/]GA DOV~ POINTE CO.~L%4UNITY DEYELO~ DISTRI~ A~ OF A~%'D FOR TRE ~ ENDED TABLE OF CONTEF~S INDEPE2~DE~T AUDITORS' ~EPOaT ~ PIIR~OSE FI};ARCIAL STATIOfENTS Balance Sheet General Fund Statement of Revenues, Expenditures and Changes in Fund Deficit - General Fund No=es =o General Purpose Financial Statements Independent Auditors' Report on Internal Control S=:-uc=ure Based on a Audit of General Purpose Financial S~atemen=s Performed in Accordance with Governmen~ Auditing S~andards independent Auditors' Report on Compliance Based on an Audit of General PurpOle Financial Statements Performed in Accordance with Government Auditing Standards 1 3 4 - 6 7 8 9 10 - 12 I2TDEPENDE1;T AUDITORS ' REPORT SCHULTZ CHA[P'EL 1 I The Board of Supervisors ~eritage Greens C~i~mity Development Collier County, Florida We have audited the accompanying general puc-pose financial statements of Heritage Greens Co~nity Develoument District (the -District'), as of and for the year ended September 30, 1996, as listed in the Table of Contents. These general purpose financial statements are the responsibility of the District's Tanagement. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We ¢cnducted our audit in accordance with generally accepted auditing s~andards and Government Auditing standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audi& 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 e .eneral rpose financial statements. An audit also disclosures in th g . pu . _ s-d and significant includes assessing the accounting principles.u -. __ . estimates made by management, as well as evaluating the overall genera~ purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In ouro~inion, the generalpu.'q~ose financial statements referred to above present fairly, in all material respects, the financial position of the District, as of September 30, 1996, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. In accordance with Governmezl= Auditing Standards, we have also i~sued a report dated March 10, 1997, on our consideration of the District's internal control structure and a report dated March 10, 1997, on its co=pliance with laws and regulations. Chaipe~ & Co. 10, 1997 1 VIA ~OY..11t:. MYLR.%. FI£~IDA 33019 ~941~ 930.5333 30, 1996 !6G1 l A.SSITS Calh LZ.~BZLZTZE,B ~ F'U]ID DEFZCZT LIABILITIES Accounts payable FUND DEFICIT Fund deficit Unreserved Undemignated Total fund deficit Total liabllitimm and fund deficit $__Lmmm $_ 2,000 ~) $ 2,000 The accompanying notes are an integral part of these general purpose financial Itatements. 2 HERITA~ GRZENS COt*4UNITY DEVELOI~NT DISTRICT ST~~ OF ~Y~NU~, ~XPENDITUT-~ AND CtU~GZS IN FU~D DEFICIT ' GENERAL FUHD For the Year Ended September 30, 1996 1 ! 1 Contributions from developer in lieu of assessments To~al revenues Current Physical environment Operating expenses Total expenditures Forgiveness of indebtedness FUND DEFICIT - October 1, 1995 FUND DEFICIT September 30, 1996 (31,006) 98,184 1 1 The accompanying financial statements. no:es are an integral part of :hese general purpose 3 I I HERITAGE GREENS CO~JNITY DEVELOPMENT DISTRICT NOTES TO GENERAL pURPOSE FINANCIAL STATEMENTS September 30, 1996 SIBO(ARX OF SIGNIFICANT ACCOUNTING POLICIES The Heritage Greens Cou.',%unity Development District (fo~--merly known as Dove Pointe Ccu~unity Development District) was established July 20, 1993, by the Collier County Board of County Coarnisstoners pursuant to Ordinance 93-39 as amended, and the pr=visions of Chapter 190, Florida Statutes. The District was established to provide for the ownership, operation and maintenance of certain co~.~%unity-wide infrastructure. The accounting policies of Heritage Greens Cou~unity Development District confo.-Tawith generally accepted accounting principles (GAAP) as applicable to governments. Heritage Greens Development Limited Partnership, is the present major landowner in the District and is represented by three of the five members on the Board of Supervisors. The following is a s~.-xna~f of the more significant policies: Scope of the District The criteria used in determining the scope of the entity for financial reporting purposes is that of management oversight by the Districts' Board of Supervisors. Ail such activities are included in the following funds: Governmental Fund Type General Fund The General Fund is established to account for all financial transactions not properly accounted for in another fund. Fund~ccounting The District is organized on the basis of & fund which is considered & separate accounting entity. The operations of the fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Government resources are allocated to, and accounted for, in individual funds, based upon the purposes for which they are to be spent and the means by which spending activities are controlled. 4 HERITAGE GREENS COf94UNl~ DEVELOPMENT DISTRICT NOTES TO GENERAL PURPOSE FINANCIAl, STATEM]R~TS gepte~nber 30, 1996 NOTE i - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Measurement Focus The General Fund is accounted for on a .spending" or .financial flow" measurement focus. This means that only current assets ent liabilities are generally included on the balance and curt .......... ~ ..-~oo~nated fund balances (ne= current assets) are considered a measure of available, spendable or appropriable resources. General Fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. ~asis of Accounting The General r"und is accounted f~ using the modified apc-'-ual basis of accounting. Revenues a recognized when they become measurable and available for use. Expenditures are generally recognized when the liability is incurred. Pursuan= =o Florida Statute 190.008, on or before July 15th of each year, the District's manager is to provide the Board of Supervisors with a proposed budget. The Board is to consider =his proposed budget, a~prove i= as presented or modify it if deemed necessary. The Board is to indicate its approval of the budget by resolution and provide for public hearing. At the conclusion of the public hearing, =he Board, by resolution, will adopt =he finally approved budget. The budget must be adopted prior to October 1st of each year. For the year ended September 30, 1996, the Board did not adopt a budge= in accordance with Florida Statute 190.008. l 'I NOTE l' CASa AND INVESTHENTS Florida Statutes provide that each special district may deposit its public funds in the Florida State Board of Administration Local Government Investment Pool or in banks and savings associations that participate in the Florida Multiple Financial Institution Collateral Pool. All such deposits are classified as fully insured. Florida Statutes also provide that Special Districts may invest in securities limited to obligation3 of the U.S. Government, Mortgage Backed Securities guaranteed by the U.S. Government and in mutual funds which invest in only =he aforementioned securities. All 6eposits during and at the end of =he year were in compliance with statutes. 5 ! }~RITAG~ GREENS CC4~4UNI~ DEVELOPM~D~T DISTRICT NOT~g TO GENT~3%L F~RPOSZ FINANCIAL STATEMENTS September 30, 1996 ]6G1 NOTE 2 - CASH ARD INFES~S (Continued) A= September 30, 1996, the District had cash of $2,000 that was insured by the FDIC. NOTE 3 - AGItEEM~2~TS WITH DEVEIX)PER RELATED PARTT TRA/~SACTIONS In August 1993, the District entered into a funding agreement with Dove Pointe Develoument Corporation ("DPDC') , the original developer/landowner. DPDC agreed to fund the operations of the District from August 2, 1993, through September 30, 1994. Such a~unts received were to be considered contributions in lieu of assessz~nts. Since September 7, 1994, DPDC has not provided any funds resulting in unfunded operating expenditures of $141,051. In September 1996, DPDCrelinquished its control of the District to Heritage Greens Development Limited Partnership ('Heritage Greens'). Heritage Greens plans to acquire the lands within the District and complete the plan of development. However, as of September 30, 1996, a funding agreement for operating expenditures with Heritage Greens was not in place. As part of the acquisition plan effectuated by Heritage Greens, certain vendors agreed to reduce amounts owed them by the District. Obligations forgiven for services rendered prior to October 1, 1995, amounted to $98,184 which is reported as "other financing sources" in the statement of revenues, expenditures and changes in fund deficit - general fund. NOT~ 4 - DEFICIT FUND BALANCE The deficit fund balance exists due to the DPDC ceasing funding of District operations. The District does not anticipate any additional funding from DPDC. However, District management believes that the fund deficit will be eliminated as Heritage Greens progresses with its development plan. ~ISSE~E~T EVENT In January 1997, the District issued $6,000,000 in special assessment bonds. The proceeds of this issuance are to be used for the construction of improvements consisting of roads, sto~ter management facilities, sanitary sewage collection and transm/ssion system, and water distribution system. Proceeds will also be used to pay issuance costs, to pay interest during the construction period and to fund the required Debt Service Reserve. 1,6G1 ' SC O[TZ CHAIPEL 1 Board of Supervisors Xeritage Greens Com=unity De,telopment District Collier County, Florida We have audited =he general purpose financial statements of Heritage Greens Coemunity Development District {the ,District"), as of and for the year ended Sap=ember 30, 1996, and have issued our report thereon dated March 10, 1997. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing S:andards, issued by the Comptroller General of the United States. Tr~se standards require that we plan and perform the audi% to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The management of the Dis=tic= is responsible for establishing and In fulfilling this maintaining an internal control structure. responsibility, estimatel and Judgments b~. mans. gambit are required to alsess the expected benefits and relate~ costs o- internal control s=ructure policiesand procedures. The objectives of an internal control structure are to provide management with reaso~"hle, but not absolute, assurance that assets are safeguarded&gains= loss from unauthorizeduse or disposition, and that transactions are executed in accordance with management's authorizationandrecordedproperly to permit the preparation of general purpose 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 no= 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. 1 In planning and performing our audit of the general purpose financial statements of the District for the year ended September 30, 1996, we obtained anun~erstanding 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 purpose 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. 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 low 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 be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operation that we consider to be material weaknesses as defined above. This repot: is intended for the information of the management and Board of Supe~;isors of the District and the Auditor General of the State of Florida. However, =his repot: is a matter of public record and its distribution is not limited. I SCHULTZ Ct-L&IPEL INDEPEHDENT AUDITORS' REPORT ON C~LIAI~CE BASED ON A~ AUDIT OF GEKERAL P~OSE FI~L%NCIAL STATE)~S PEH~O~(ED IN ACCORDANCE WITH GOV~UZ~2~r AUD/T/NC; STANnARDS Board o~ Supervisors Heritage Greene Community Development District Collier County, Florida ![ We have audited the general purpose financial statements of Heritage Greene Com:nunity Development District (the 'District"), as of and for the year ended September 30, 1996 and have issued our report thereon da=ed Fmrch 10, 1997. We conducted our audio in accordance with generally accepted auditing etandarde and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perfoz~nthe audit to obtain reaeor~ble aseurance about whether the general l;urpoee financial statements are ~ree of material misstatement. Compliance with 1awl, regulations and contracts, applicable to the District is the responsibility of the District's management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of materlalmieecatement, we performed tests of the District's co. llanos with certain previsions of laws, regulations, and contracts. However, our objective was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an o~inion. The results of our tests disclosed no instances of noncompliance that are required cobs repot:ed herein under Government Auditing Standards. I This report is intended for the information of the wmnagement and Board of Supervisors of the District and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is no: limited. · t z / Co. ~$,a,,~t~, 1997 h 10, Sc UL Z CHAT[eEL I Honorable Board of Directors Heritage Greens Community Development District Collier County, Florida we have audited the general purpose financial statements of the Heritage Greens Cc~u~ity Development District (the "District") ,whose headquarters is located in Coral Springs, Florida, as of and for the fiscal year ended September 30, 1996, and have issued our report thereon dated March 10, 1997. We have issued our Independent Auditors' Report On Internal Control Structure and our Independent Auditors' Report On Compliance With Laws and Regulations both da=ed March 10, 1997. Disclosures in =hose reports, if any, should be considered in conjunction with this management letter. We conducted our audi= in accordance with generally accepted auditing standards, and Government Auditing $~_,~dards issued by the Comp=roller General of the United States. Additionally, our audit was conducted in accordance with provisions of Chap=er 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and require that certain items be addrelsed in this letter. The Rules of the Auditor General (Section 10.5S4 (1) (f)1.) require that we co~Mnt as to whether or not irregularities reported in the preceding annual financial audit report have been corrected. This is not applicable as there is no annual financial audit report for the year ended September 30, 199S. The Rules of the Auditor General (Section 10.SS4 (1) (f)2.) require that we coezment as to whether or not recommmndations made in the preceding annual financial audit repoz~c have been followed. This is not applicable as r~here is no annual financial audit repor~ for the year ended September 30, 1995. 1 10 VI '~ ~,(vs:.M L. still'l: 1941) 930.5333 F~X ~94 I1 93~.46~2 16Gl '" I 1 As required by the Rules of the Auditor General (Section 10. 554 (1) (f} 3. ) , the scope of our audit included a review of the provisions of Section 218.503 (1), Florida Statutes, .Determination of Financial Emergency." In connection with our audit, we believe that the District is in a state of financial emergency as a consequence of the conditions described in Section 215.503(1)(d), Florida Statutes. District management did not notify the Governor and the Legislative Auditing Committee of this condition as required by 218.503(2) Florida Statutes. As required by the Rules of the Auditor General (Section 10.554 (1) (f) 4. ) , we determined tbmt the annual financial report of the Heritage Greens Cc~,~.unity Development District for the fiscal year ended September 30, 1996, was filed with the Department of Banking Finance pursuant to Section 218.32, Florida Statutes, and is in agreement with the annual financial audit report for the fiscal year ended September 30, 1996. The Rules of Auditor General (Sections 10.554(1) (f)6.,7.,8.,9.) require disclosure in the managemen: letter of the following matters if not already addressed in the auditor's reports on the internal control structure or compliance: recoex~endations to improve financial management, accounting procedures, and internal controls; violations of laws, rules, and regulations which may or may not materially affect the financial statements; illegal or improper expenditures which may or may not materially affect the financial statements; improper or inadequate accounting procedures (e.g., the omission of required disclosures from the financial statements); failures to properly record financial transactions; and other inaccuracies, irregularities, shortages, and defalcations discovered by :he auditor. Our audit disclosed the following matters required to be disclosed by Rules of Auditor General (Sections 10.554(1) (f) . pRIOE YEARC(~4KENTSs Not Applicable CIr93.ENT YEAR COMM]~TSs A budget for the general fund was not prepared and approved as required by 190.008 Florida Statutes. The Rules of the Auditor General (Section 10.554(1) (f)10.) also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the general purpose financial statements. The Districtwas established by the Collier County Board of County Commissioners pursuant to Ordinance Number 93-39 as an~nded, and the provisions of Chapter 190, Florida Statutes. 11 166l ' This manageman= le==er is in=ended solely for =he informa=ion of =he Board of Supervisors of =he Dis=tic=, managemen=, and =he S=a=e of Florida Office of =he Audi=or General. However, =his repot= is a ma==er of public record and i=s dis=ribu=ion ie no= limi=ed. 12 16G1 ' MINUTES OF MEETING HERITAGE OREENS COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community development Dhrtrict was held Thursday, April 3, 1997 at 10:30 A.M. in the offices of Ronto Development, 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: J~-mee Rzinders Raymond Harris Charles F. Bailey Chairman Vice Chairman Assistant Secretary Al~o present wa~: Donna Holiday Recording Secretary (by telephone) FIRST ORDER OF BU~ Roll Call Mr. Reinders called the meeting to order at 10:30 A.M. Ms. Holiday stated I have looked at the agenda and it is my understanding that you want to recess the meeting until tomorrow morning at 10:30 A.M. Mr. Reinder~ stated that is correct. Ms. Holiday stated you have called the meeting to order and you also need to open the public hearing and recess both the public hearing and the meeting to a time, date and place certain. [On ~OTION by Mr. Bmley .seconded by Mr. Hams vath lall in favor the public heanng and the regular meeting[ ]were recessed until 10:30 A.M. Friday, April 4, 1997 at[ Ithe offices of Ronto Development, 277 N. CollierI [Boulevard~ Marco Island; Florida. Ch .aries F. Bailey / A~zlztant Secretary / J~ Reind e~r~'r Chairman Thrusday 10;;30 A.M. e AGENDA COM3HuNvrY DEV._ OPMENT DISTRI~ 277 N. Collier Boulevard Marco Island, Florida Roll Call Approval ot' the Minutes of the January 23, and January 31, 1997 Meetings Public Hearing on the Adoption of the Budget for Fiscal Year 1997 and Consideration or Developer Funding Agreement Staff Reports A. Attorney B. Engineer Cl. Manager Supervisor's Requests and Audience Comments Consideration of Funding Requests I and 2 7. Adjournment , Thntsday 10'20 A.M. AGENDA HERrrAGE GREEN~ COM~,KJNrI~ DEV~ .OPMENT D~CT 277 N. Collier Boulevard Marco Island, Florida 16G1 Roll Cai1 Approval of the Minutes of the January 23, and January 31, 1997 Meetings Public Hearing on the Adoption of the Budget for Fiscal Year 1997 and Consideration of Developer Funding Agreement Staff Reports A. Attorney B. Engineer C. Manager Super~isor's Requests and Audienca Comments Consideration of Funding Requests 1 and 2 Adjournment i ~ iII iii II I I I I ~11 ..... 1111 ........ Im I' iii Port of the Islands November 26, 1997 Memorandum To: Clerk o£ the Circuit Court c/o Timothy J. Gillett' 2671 Airport P,~ad, 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 1 661 STAFF David Black Hoch, Frcy & 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 or 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 the Board of Supervisors of Port of the Islands Community Improvement District as referenced above. GLM/pb 10300 I"l",/',t 11th h4ano~ * C.x::~al Sj~,ng$. Flc.',da 33071 · (305) 7:::53 0380 · Fa~,.. (306l 7.55-6701 ~ OF ~O POI~ OF THE ISLANDS C ONiM-ur~IT~ ~0~ 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 260043 TamiAml Trail East, Naples, Florida. Present and constituting a quorum were: Thomas L. Barnard Richard Gatti Richard Burgeson Bernard E. Wolsky Millie I{. Strolun 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 (Sam) Marchand Marlene Wolsky Other Residents District Staff District Staff District Staff Attorney Hole, Montes & Associates Port of the Islands Resort & Marina Division of Forestry RV Park Owner Resident FIRS~ 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 all Supervisors are present. ~iECO~ ORDER OF BUSINESS Approval of the Minutes of the July 17, Mr. Bernard stated that each Board member had received a copy of the minutes of the July 17, 1997 meeting and requested any additions, corrections or deletions. There not being any, On o'n6N bY lr.'?'ol,ky seconded by Ms. Strohm~ with ail in favor the rmnutes ofthe July 17, 1997 meeting [ were approved.,, ,, ,August 2 l, 1997 THXHD ORDER OF BUSINESS Consideration of Request from Golden Florida Resorts Regarding Delinquent Utility B Is 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 o£ 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 D/strict 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 o.c 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 I6 times the average use that they calculated based upon the histories of consumption that we provided to them. [t 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 iiugust 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 f'~xes 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 stall's 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 corns 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 di fl'erently. 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 sort of settlement? 3 ~ugus~. 21, 1997 16Gl 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. ~tr. 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. Sir. 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? ~ir. Barnard responded I think we need to allow them to make a presentation. ~lr. 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'. Sir. Wolsky stated when ,Als. Marchand brought her problem to us, we found out that we had sent the bill ~o the wrong place and she was not in a position to pay. Is that correct? Mr. Ms. l~[archand responded yes. Wolsky stated so it was our fault that you were not aware of that. 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. Sir. Lue stated in regards to the question of the accuracy of the meter readings that were provided by Mr. Sfossing and l~ir. 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 us~ 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. Sir. Petty stated the meters as specified by A'~VI,VA which we purchase, are built to the specification that says that as the metcr 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 l~lr. Gatti, is that your experience? Sir. Gatti responded yes. If anythinl~, meters will have a tendency to underread. ~ir. 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 EiRU. 5 There was an adjustment for the first 10 months in 1995 for 100.5 ERC's and one milli-ndjustment 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 nc'res? 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 wb. at 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 ~'f 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 ran 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. Afr. 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 very 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 program with the new management. Mi. Strohrn 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 Nfs. Strohm asked are you talking about 199.5 or recently? Mr. Stephens responded no, ! do not know exactly the date but it was in 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. Pctty 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 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 I and Mr. Daly went out and lit'ted up the co-er 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. I do not remember the name of young lady that I reported to that we had shut it off. I 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 daf. 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 asked 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 a;ld if it keeps running there is something wrong. Mr. Petty stated we would like the Board to nay that they listened and by motion allow the process to continue. Our process is that if they do not pay the 8 bill, their water will be turned orr 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. I do not want to say "pay it by tomorrow or we are t~oing to shut the water o/I~. Mr. Gatti stated I make a motion that on the basis that we do not have the lelial 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/ire 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 thoulh we are, lets reco/rfize that. On SIOTION by Mr. Oatti seConded by Sir. Wolsky with[ all in favor the water at Golden Florida Resorts will not[ be turned orr and they will be allowed to pay their[ delincluent bills over a four month period. FOUIUIt ORDER OF BUSINESS Cooxideration o/ Sir. Barnard stated included in your agenda package is a letter from me co Dr. Benson which relates to tho 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? Sir. Barnard asked does that chart show 343 ERC's for the RV Park? Sir. Gatti responded no, it shows 412 units and 188 ERC's. Sir. Petty stated Sir. Barnard is referring to the last line that says "Hotel Front*. Sir, Oatti asked explain to me the difference between the Assessment ERC's nnd the Utility ERe'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 orr of water and sewer/lows. Mr, Barnard stated this is a problem property that we are not currently collecting standby fees on. There are three outstanding tax certificates as total liens and assessments allainst the property of over $600,000. He is trying to come 9 up with a plan to be able to bring thia 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 ali 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. Fir. 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 stuff 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. Fir. 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. Fir. 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. Tho second 20 acres which is the middle of the curb back is zoned for what is called residential tourist which is hotel, motel 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, Gatt/ 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-f~mily units? Mr. Barnard responded [ 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 anywhere 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 with 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. ! would consider this to be a normal housekeeping issue of the District that we would need to do for everybody. 11 1 6G1 Augttst 21, 1997 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 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 fixtur~ 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 qu/cldy. Mr. Barnard stated nad cheaply. Mr. Gntti 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. Bamard 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. },ir. Burgeson stated that would be the new animal that you are referring Mr, Petty stated or the new product. O,n. MOTION' by htr. B~r, geson seconded by Mr. Gatti'i v, nth all in favor the District Engineer was ~u~orized tol prepare a study to modify the existing ERC s and roi brin~ back to the Board at the next meetin[~. FIFTH ORDER OF BUSINI/:I~ Discussion of Cor:espondenco received from Marlene M_n_r~"umd Mr. Bernard 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. Ms. Marchand stated it was done in October of 1996. In Petty's response of Juno 11, 1997 he explained what tho 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 ,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. Ms. Marchand stated what that is saying is that it should have been presented to the residents in a slightly different 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 privat~ sewer and that is what we think came down and plugged the lift station. Regardless, if something plugs the fir 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 a late ,Au~nsst 21, 1997 1 6G1 ' 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 Ms 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. Strohm asked are we just talking about $1207 Mr. Barnard responded yes. Ms. Strohm stated I think we should pay Ms. Marchand that amount. lO.ri. M ..OT. iON by Ms. Strohm seconded by Mr. BurgesonI w~th all m favor Ms. Marchand will be reimbursed $120] for a Plumbers bill for repairing a backup in the RV~ ~Park. ! blr. Barnard stated the next item is fire ants and the District does not provide fire ant patrol. Mr. Petty stated that is certaiMy 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 program 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. We can certainly look at that and get proposals but it is August not in tho 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 I 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 I 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? bir. Barnard responded yes. Mr. Petty stated you will still be on the record. bis. 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 Uotel 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. bls. Marchand stated in answer to your question where you said 'is that what Ms. Marchand is referring to', my problem is that although thc sign had been re-painted, it is useless as no one can see it. I know the rules and regulations as far 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 August 21, I~ absolutely no idea that there is an RV park there. As long as there is an RV park there and I can pay my bills, it helps the District. Because this process can take so long, I would like to have some minor signage. It is my RV park and I would like it to look nice and equal to the community. Mr. Barnard asked will you bring us something in writing that you would like t~ have u~ put on the gign? 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 sign. Ms. Marchand stated I am just suggesting that you add something to the ~ign. The print is so ~mall and there is lot~ 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 ~ewer 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 eAr, gust 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 1RV 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. bis. bfarchand 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. ~ir. Bat'nard stated you have to remember that when the District was paying for things like that, the District had a shortfall guarantee from the Developer. 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 $500 a month on a ~ingle-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 l~fs. ~larchand connect to the sewer line that runs through her property? ]~fr. 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 on 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 to'lng 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 c~zy 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 $I,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. /HXTIIORDEROFBU~ Consideration of Certain Issues Regarding the Resort & lW, arina 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 bringing it to us for review and looking at it, August 21, 1997 1 6Gl I would not have any problem personally with changing the sign or doing it differently and whether the gatehousa sign could be incorporated into the same sign. I think the resort will find the District cooperative. Ms. Strohrn 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. Ms. 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. Mr. Bar'nard 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? Fir. Barnard responded we do not know yet. We are looking to you to come to us with a proposal. Ms. Strohm stated we have an idea of what we want to do. Do you think that we can have our signnge ready by the next meeting? Fir. Bnrnard 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 signnge has been placed on the building temporarily before. Mr. Anderson stated I just want to make sure for Ms. Marchand's benefit and for this discussion that everyone knows that the County has a sign ordinance that you must comply with and you might be well advised to go to the County before you bring a proposal to this Board. Sir. Barns. rd 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. Sis. Stro '~km stated we know that we have to go to them for permits. We were not sure if we had to go to the DisWict also. S~r. Petty stated I explained in my response to Sis. 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 buildin~ 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. Bernard 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 iReview 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. ~s, Strohm stated the next issue has to do with construction vehicles. Sir. Bernard stated if you are going to be doing re-construction, you are going to have construction vehicles. The only way this community w-ill grow is with construction vehicles. We have been trying to run them down the old airsWip wherever we could but in some areas they cannot. Sir. Petty stated my response basically said to make us aware of the infrastructure ac~i~dty, If we find a puddle of concrete from one of those trucks we will talk to them. Sir. 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 llth hour, those of us that own here are going to get stuck with replacing our entire roadway system. Mr. Bernard 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. Mr. Oatti 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 ia that this entire roadway system is failing. Come budget time next year you ar~ going to hear it again. Ms. Strolun 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 ! 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 ' four might be something that wo 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. Strokm 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 ~o go. Mr. Anderson stated there may be some more legality l~s 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. 5'EVENTit ORDER OF BUSINESS Scatr ~rts There not being any, the next item followed. Dr. Benson stated what was requested of us a few meetings back was to look at tho 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 yellow color dots are tho 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 lave 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 we ,August 21, 1997 are talking about here. At this time we are not recommending any changes on the North aide 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. Ben. son responded when you get to the Hotel property, the question is if that is the responsibility of tho 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 of'rice the engineering drawings that are signed. On MOTION by Mr. Gntti seconded bY Mr. Burgeson[ with all in favor the Lee County Coop was authorized to[ install street lights as recommended by Hole, Montes &[ Associa,tes ori,the plan that they presented. 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 clraft permit in September. Sir. Barnard asked when does that temporary permit expire? Dr. Benson responded the fact that they are currently reviewing this application, you are okay. C. l~Larmger Sir. Petty stated I do not have anything for the Board. Mr. Mossing, do you have anything 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 produdng 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? Sir. Barnard responded I believe 20% was the number. Mr. Petty stated it might be less than 20%. 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? Mr. Petty responded at the Water Plant, these are not billable meters, they are operation meters. Tho 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 error? 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. Bernard stated these are not meters that have an~thing to do with anyone's water bill. EIGHTIt ORDER OF BUSI~ l!;upervisor'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 ofgallons or not. blt. 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. Oatti stated with the sand that we have out here you could be losing a lot of water. bls. Marchand stated the North Entry Landscaping has been quoted at $18,000 and was bid at $23,000. Why is that? blt. Petty responded it was approved at $23,000 but the bill was $I7,000. 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. blarchand 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? o August 21, 1997 Mr. Petty asked ~re you saying that there are some trench marks from the Contractor? ~{s. Marchand responded yes. The sod stops here and the first set of trees is about six feet up the length of the Boulevard. lkir. 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 %eps, we ran out of sod'. Mr. Petty stated we can certainly get them to do that. Ms. 5iarchand 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? l~is. 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 weed~. We have no grass in the center median. Mr. Barrmrd asked wher~ 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 the irrigation system is working fine. We went in there with Bahia Sod and we all know that there are problems with t]ahia Sod. They recommend to re-seed over a period of time. ~,Ve tried to meet some drought resistance out there to keep our irrigation bills as low as possible. I think maybe if we look nt re-sodding that or re-seeding it as we go into this lnndscaping program come October I, as we get those monies for renovation, that we look at that problem. I think we looked at the Bahia Sod to h-ye 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 th,mt 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. Mro 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 ,August 21, 1997 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 planes and let them mulch it which is an accepted practice, but you are going to get those marks. Ms. Strolun 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. Bar'nard 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 i~. Mr. Petty stated maintenance for a development is one thing but maintenance of a wetlnnd is n 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 n 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 wo should call the Caya Road Department and tell them to cut those weeds all the way up on U.S. 4 I. It looks atrocious. ~ ORDEtl OF BUSINE~ Apla'Ov~ of Invoices I On-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 $33,575.18 and the[ Water and Sewer Fund dated August 21, 1997 in the[ Amo..up. t of $17 t944.28 w.ere approved. [ P.M. · Bernard Chairman Thursday Au/x~t 21, 1997 4:00 P.M. 1. 2. 3. 9. 10. AGENDA PORT OF THE ISIANDS CO1HI~fUNn~ IMPRO~ DISTRICT 25000 Tamiami Trail East Naples, Florida RoLl Call Approval of the Minutes of the June 19, 1997 Meeting Consideration of Request from Golden Florida Resorts Regardin$ Delinquent Utility Bills Consideration o~ Request to Modify ERC's Discussion of Correspondence received from Marlene Marchand Consideration ot' Certain Issues Regarding the Resort & Marino Stall'Reports A. Attorney B. Engineer C. Manager Supervisor's Requests and Audience Comments Approval of Invoices Adjournment C~ S~$ FT. ]3GT1 ~7~GSs~ NOtiCe Of Re~ttr~ ~ Afft~ f~ ~ ~ ~ ~d ~t~ Deity ~ttt~ ~, lt~t~, ~ t~t t~ Mid ~t ~J~ t~ first ~ttMtJ~ Of t~ f~r ~ t~t ~ ~t N~t~ NJd ~ I~LfS)4~O CN: 08/1& Tl~n~oy, ~ 21, ~ff7 In fl~ ~ d ~cr4. At h c~c~'lccd~ Iher~ will t~ a rr..a~d tithe K~ and ~cf , cledlngs Is mode, Including the Oe/l~/~ Resort & Marina 16G1 August 21, 1997 Board or' Supervisors Port of the Islands Community Improvement District RK: Delinquent Utility Bil~ - Golden Florida Resort Total Amoum Cla~med in Arrears Amoum Paid (See attached) Balance $1 I,I 19.94 781_58 Breakdown: North Hotd Emt Acct. tt 10009002 April 1996 Marina AccL # ! 0009202 April 1996 May 1996 Sl.413.24 _ I_989 97 Efficiency South Irrigation Acct. # 10009402 April 1996 Acct. #10030000 Adjustment (]an-Oct 1995) November 1995 $ 4,438.60 Total: S10,338.36 $ 1.237.77 S 3.403,21 S 732.85 $ 4,886.92 75 61 S10,338.36 25000 Tamiami Trail East · Naples. Florida 34114 Nationwide 1-800,237-4173 · Local (941) 394-3101 · Fax (941) 394-4335 ik~rd ot Supen~,-~ Port of the l~ands Commu~ Improvemerrt District Page Two August 2I, 1997 16G1 ~ By AtcQtmt'~ North Hotd East, Acct. # I(XX)9(X72 Meter No. 9185672 From November 1995 to April 1997 (ex. 4/96).- 17 months Total u.~ge '" 285,500 gals Average pet month ' 16,800 gals. Amount bi~ed for 4/96 - 268,300 gaJs. (16 times) Average billing ~ould be: M'mlmum + usage '" 35706+ 16.8(i.16+2.13) ' $412.33 vs. $1,239.77 (S$27.44) Ma, rina - Acct. # 10009202 Meter No 9491169 From February 1996 to April 1997 (ex. 3/96. 4/96. 5/96) - I I months Total usage "939.400 gals. Average per momh ' 85,400 gals. Amount billed for March 1996 " 307,600 g~ls. (not paid) April 1996 · 482,900 gals. (not paid) May 1996 "_.49.2,f~9 gals. (paid) Total 1,254, ! O0 gals Average per month = 428,000 gals. (5 times) Previous 12 month average billing = S 627.3 i May 1996 bluing = $2,025. I 8 Amount unpaid "$3,403.21 3. Efficiency - Acct. # I (XX)9402 CNo meter readings available) From April 1995 to December 1996 (ex. 4/96) - 20 months Total amount billed Average per month Amoum billed for April 1996 $5,337.3 I 266.87 $ 732.85 (2. Ttimes) 1 6Gl Board otr Sul:~'vi~ors Port of the ldands Convnurthy Improvement District August 21. 1997 Page Three 4. South Irrigation - Acct. #10030000 · Adjustments 100.52 ERU's vs. 1.0 ERU 10 months (J'anuaxy - Octob~ 1995) 99.52 x 4.46 x 10 m :$4.438.60 Bo November 1995 100.52 x 4.46 -- 448_32 Total: $,4,886.92 Question: How is ERU de~ermined for irrigation. Chart shows 4/acre for corru'nercial or common areas. South hotel property approximately 13 acres ERU should be 52 not 100.52. Amount~ paid: Acct. #10008902 Acct. #10017100 Acct. #10020101 Acct #10021001 Total. :$734,29 - Paid 12/16/96 - Ck//4887 $ 16.73 - Paid 5ti0/96 - Ck ~t4246 S 4.46 - Paid5/10/96 - Ck #.4246 ~ - Paid 12/16/96 - Ck #4887 S781.58 North Hotel Middle BiIlln~-I 1 / 15/96 Total Due I0009(X72 North Hotel East Billing-4/8/96 Ove~ayment-4 / 17/97 Total Due SI,Z39.77 "" (S~.14) S!,143.63 ] 1OOO92O2 Marina Billing-S/10/96 Billing-4 / $ / 96 Over~a~'~ent-3/21/96 Total Due s1,~9.97 v/ $I,413.24 v/' $3,403.16 j 1O009202 Villas Billing-5/5/9~ Billing-6/6/9$ pay. ck. lr2827,8/24/95 Total $1,017.12 $1,039.16 (SI,989.41) 1O0O94O2 Ef£~ciencies Billing.4/8/96 Underpayment-4/17/97 OveTa?nent-I/31/96 Total DU~ $732.85 $96.14 (SO, 10) $828.89 10017100 Lot 64 Phase II Di!lin~-4/8/96 $16.73 Tolal Dwe $16.73 10020001 Chk:kee Hut , Dillln~ 9/7/95 [ Total Due $8.89 ] 10020101 Tennis Courts Billing;-4/8/96 $4.46 [ Total DUe $4.46 ] 10021001 Hotel Pool Billin~- 11 / 15/96 $26.10 [ Total Due $26.10 10030000 Hotel Lrrigation Adju~trmmt- 11 / 13/95 $4,438.60 Billln~ -11 / 13/95 $448.32 L Total Due $4,886.92 1 I 4 '>-'{ C. ~:. [ TOT^L, s~i,ng.94 ] Oefir'~luint List ~CCt,I Nam,e Amount Due I 10017100 Golden Rortda Resorts $35.55 10020001 Golden Florida Resorts $14. I 0 10OO9502 Golden Florida Resorts $983.51 10009402 Goldma Florida Resorts $974.44 10009302 Golden Florida Resorts $1,886.51 10009202 Golden Florida Resorts $3,921,85 10009101 Golden Florida Resorts $38.63 10009002 Golden Florida Resorts $1,752.69 10008902 GokJen Florida Resorts $1,743.36 10008802 Golden I:l~ida Resorts $1,370.22 10031001 Golden Rork:la Resorts $219.76 10030000 Golden Rortda Resorts S5,410.63 10021001 Golden Rorida Resorts 169.72 [TOtals S 18~418.97 J 9990032001 Anchor Builders $495.56 [Totals $495.56 10005802 Port of Islands Construction $113.10 9990077001 Port of Islands Conltrucfion $15.06 9990078001 Pon Of Islam:is Construction $15.06 9990079001 Port Of Islands Construction $15.06 99gO080OO 1 Port of Islands Construction $15.06 9990081001 Pon et Islands Construction $15.06 9990082001 Port ot Islands Construction $15.06 9990083001 Pon ot Islands Construction $15.06 999008400 ! Port of Islands Construction $15.06 [Totals $233.58 J ggg0014002 Leone, Barbara/John $12.34 9990016001 Sunset Harbor Club Sl 1.49 10008104 Byers. Doug $S8.82 10011102 Payne. John W. $80.66 9990038002 Genung, Robect $6006 9990049002 Emerson, Robert $59.27 9990067002 Denlang, Donna $61.95 [Totals $344.59 [Total Oehnq,Jent Accou,~ts S 19,492.70 10017100 10020001 10009502 10009402 10009302 10009202 10009101 10009002 1CX)08902 10008802 10031001 1 OO30O0O 10021001 Port of the Islands C,I.D. Delinquent List Golden Florida Golden Florida Golden Florlda Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Iqorfda Golden Florida G~den Rorlda Golden Florida Golden Florida Resoles Resorts Resorts Resorts Resorts Resorts Resorts Resorts Re$o~$ Resorts Resorts Resorts 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 Sl,370.22 $219.76 $5,410.63 $69.72 [Totals 118r418.971 9990032001 TOt31S Anchor 8uflders $495.56 $495.561 10005802 9990077001 9990078001 9990079001 9990080001 9990081001 9990082001 9990083001 9990084001 Port of Islands Port of Islands Port of Islands Port of Islands Port of Islands Port of Islands Port ot Islands Por~ of Islands Port ol Islands Construction Construction Construction Construction Conatrucfion Conatn~ctJon Con$~n~¢~ion Construction ConstFuction Il'orals 9990014002 9990016001 10008104 10011102 9990038002 9990049002 999O0670O2 Leone, Barbara/John Sunset Harbor Club Byers, Doug Payne, John W. Genung, Robert Emerson, Robert Oe~lang, Donna Totals [Total Delinquent Accounts $113.10 $15.06 $15.06 $15.06 $15,06 $15.06 $15.06 $15.06 $15.06 $233.58J $12.34 $11.49 $58.82 S80.66 $60.06 s5g.27 $61.95 $344.59J s19.492.701 Port of the Islands C.l.O. Delinquent List Acct. I Name Amount Due ] 1 OD 171 OD Golden Florida Resorts 10020001 Golden Florida Resorts 10OO9502 Golden Florida Resorts 10009402 Golden Florida Resorts 10OO9302 Golden Florida Resorts 10009202 Golden Florida Resorts 10OO9101 Golden Florida Resorts 10OO9002 Golden Rodda 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 [Totals $18r418.97 J 9990032001 Anchor Builders $495.56 [Totals $495.56] 10OO5802 Port of Islands 9990077001 Port of Islands 999007600 t Port of Islands 9990079001 Port of Islands 9990080001 Por~ o! Islands 9990081001 Port of Islands 9990082001 Port of Islands 9990083001 Pon of Islands 9990084001 Port of Islands Construction Construction Conso'ucflon Construction Construction Construction Construction Construction Construction $113.10 $15.06 $15.06 $15.06 $15.06 $15.06 $15.06 $15.06 $15.06 $233.58 9990014002 9990016001 10008104 10011102 9990038002 9990049002 9990067002 Leone, Barbara/John Sunset Harbor Club Dyers, Doug Payneo John W. Genung, Rober~ Emerson, Robert Denlang, Donna $12.34 $11.49 $58.82 S80.66 $60.06 $59.27 $61.95 Totals $344.591 [Total Delinquent ACcounts $19,492.70 10017100 10020001 10009502 10009402 10009302 10009202 10009101 10009002 10008g02 10008802 10031001 10030000 10021001 Port of the Islands C.I,D. Delir~p~ent Name Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Florida Golden Flodda Golden Florida Golden Flodda Golden Florida Golden Florida Golden Florida Golden Florida Resorts Resorts Resorts Resorts Resorts Resorts Resort~ Rllot-tl Resorts Resorts ~e~s Reso~s $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 16G1 ' ITotals $18~418.97 I 9990032001 ITotals Anchor Builders $495.56 S495.56J 10005802 9990077001 9990078001 9990079001 9990080001 99900810O1 9990082001 9990083001 9990084001 Port of Islands Por~ of Islands Port of Islands Port of Islands Porl of Islands Por~ ot Islands Port of Islands Port of Islands Port ot Islands ConltrUction Construction Construction Construcdon ConJttuc~ion Co¢~,ltruCtion Construction Construction C on:~ tructton ITotals 9990014002 10008104 10011102 9990038002 9990049002 9990087002 Leone. Barbara/John Sunset HarbOr Club Byers. Doug Payne, John W. Genung, Robert Emerson, Robert Oenlang, Donna [Totall ~T0tal Det~nr~uqnt, Accounts ~113.10 $15.06 $15.08 $16.06 t15.06 $15.06 $15.06 $15.06 $15.06 1233,58 ~12.34 111.49 $58.82 180.68 $60.06 $59.27 t61.95 $344.59 $1~492.70 Port of the Is/ands C.I.D. Dellncluent List IiAcc~.t Name Amount Due I 100171 O0 Golden Florida Resorts 10020001 Golden Florida Resorts 10009502 Golden Florida Resorts 10009402 Golden Florida Resorts 1000<3302 Golden Florida Resorts 10009202 Golden Florida Resorts 10009101 Golden Florida Resorts 10009002 Golden Florida Resorts 1(XX~8gO2 Golden Florida Resorts 10008802 Golden Rorlda Resorts 100310131 Golden Florida Resorts 10030OOO Golden Rorida 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 $69.72 ITotal$ $18~418.97j 9990032001 Anchor Builders $495.56 ~ro~all ~495.56] 10005802 Pon of Islands 9990077001 Port of Islands 9990078001 Port of Islands 9990079001 Port of Islands 9990080001 Port of Islands 9990081001 Port of Islands 9990082001 Port o! Islandl 9990083001 Port Of Islands 9990084001 Port of Islands lrotals Construction Construction Construction Construction Construction Construction Construction Consb'ucdon Construction 113.10 S15.06 $15,06 $15.06 $15.06 $15.06 $15.06 $15.06 S15.06 $233.58 9990014002 9990016001 10008104 10011102 9990038002 9990049002 9990067002 ~l'otals Leone, 8arbaralJohn 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 $344.59J ~Total Delinquent Accounts $: 9~492.70 ] IA cct. 1 10017100 10020001 10009502 10009402 10009302 10009202 10009101 10009O02 10008902 10008802 10031001 10O3OOOO 10021001 Name Delinqverrt UU Golden Florida Resort~ Golden Florida Resorts Golden Florida Resort~ Golden Florida Re~ort~ Golden Florida Resorts Golden Iqortda Resorts Golden Florida Resorts Golde~ Florkla Ruc)~ Golden Florlda Resorts Golden Florlda Re~ons Golden Florida Resorts Golden Florida Resorts Golden Florida Resorts Amount Due J $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 j 9990032001 Totals Anchor Builders $495.56 $495.56 j 10005802 9990077001 9990078001 9990079O01 9990080001 9990081OO1 9990082001 99900830O1 9990084001 Port o! Islands Port of Islands Pon of I~Jands Port of Islands Port of Illandl Port of Islands Port of Islands Port of Islands Port of Islands Construction Consb'ucdon Construction Constru~ion Construcllon Conumcflon Construction $113.10 $15.06 $15.06 $15.06 S 15.06 $15.06 $15.06 $15.06 $15.06 9990014002 9990016001 10008104 10011102 9990038002 9990049002 99900670O2 Leone, Barbara/John Sunset Harbor Club Byers, Doug Payne, John W. Genung, Robert Emerson, Rober~ Denlang, Donna $233.58 $12.34 $11.49 $58.82 $80.66 $60.06 $59.27 t61.95 Jrotals $344.59 $19r492.70 [Total Delinquent Account ,I Memorandum To:. Gary Moytr Rhonda Ardm' From: /ohn RE: P~ ~ ~ I~ ~~t ~ Uflll~ Pl~as~ Prod enclosed a request from Tom ~ for ~ ~J~t m c~ ~i~ ERCs ~ ~ ~ p~n ~ ~mal ~Cs ~ ~ am ~w ~ng comtreX. ! s~ wi~ Tom a~ ~~~ ~t ~ ~ pr~ ~ an a~ I~ at ~ ~t ~rd M~ng. We would ~ au~m~ f~ ~ ~ ~ ~np ~ ~ to ~ ~ls~g list ~ ~t~fi~ for ufiliW ~. ~ a~~t E~ fofl~ wl~ ~ ~ ~ w~ ~ c~t ~ c~n~ in to~l A~ you cart see, the ~ i$ add~ to Rott Bertson. I recommended to Rcm that he not address the letter until he receives Board direction. U you have any que~bom regarding these items, please do not hesitate to contact me. 16 1 PORT OF THE ISLANDS REALTY, INC DATE: '//25/97 //~ RE: 'North Entry p~¢//i ER.C's Bob Hardy and I have ac~ted tide to lhe alx)ve parcel subject to scver'aJ liens and ~, h'~u~ thre~ years of tax ceniticates and an S~0,000 ~ £ec, which will ~ at I2,500.00 per mor~.h. Heedless to say, development will present ~ o~:v~%cleS, however from the ~ sltndpoim it is imwa"ative that we ge~ this propcl~ up zod going 1o that il cxn fmxl ~ sh~rc oftbe utilhy costs. Should wc bc ~1 ~ t]~ prop~ So to a tax s,fle, the Districfs lien would b~ climin,ued. Currcat~ there ere 1M l~,,C's essi~ to fl~e ~ We n~ed to know what typ~ of' ur~ will work wifl'in the di,v, rk't Suiddin~s for ERC's p~ unh typ~. Our goal will be to coa~ up wi'th · pb, n that ~ district c,m ipprovc which would l~v¢ the !, :500 ~. t~, 1 i~droom, I Bath unis it .:5 £R.C'sAmh. 2. ?~0 ~. · 1 Bedroom. 1.5 B,ub units zt .75 ER.Cs/un.it 3. 1000 sq, lt. 2 Bedroom. :2 Bah units ~t I ERChmit let me know if this type ofpta.n would ~ district.guidelines. cc: Bob cc: John  ==_> ~-7-x>tx:~=>> of the R.V. Tbs followins is · list of l~euas ~ich ~ t~ l)istrict ~ · ,,bole. to sddrs&s th~ dm, it-4 KY I~s), l'irst of &Il. it ~ vTry disd4~x)intirts that the Februmr7 mcinf ~ &tt~. Y~ ~ Z sl~ ottO. ~ ~% ~r lo for ~ to ~11 his t~ ~y of t~ mtiM to ~fi~ it's ~i~. ~r, I m ~ ~ ~s ~t ~t ell ~ ~t~t~l stt~4;, tb ~lm of ~i~ I m ple~ to ~ ts ~ti~ to l~l. to ~ ~ll~ him for ~ft~ti~. I ~ ~re ~ ~ ft~ · m~ ,fft~t~t ~ to ~lvl~ this. Tho otlxr r~on for s~ disa,-~otntn~nt wa~ that I ~ & flumtmr of thin~ to disc~ ~,~lctm hnv~ uu~ ~uns mt&tt~x$~l for another -hole mmth. So. I will ovtil~ ~ h~tt to Sst & hud st~t on the next nasttn{. TM Jlolrlr~ for tho incze4J4s v~j Ocr~)er 24th.. ~ ~t ~r ~ bill~ at t~ hl~ ~te. PI~ ~fl~ t~ ~t mltiplier f~ t~ ~ rates. ~ t~ ~ minim. At th ~ it ~ ~i~ t~t tM i~~ ~t~ to ~imttly 1~; ~r, I m ~i~ bill~ I 2~ in~ for ~t~ ~, a 4~ in~e~ for r. ere l'rl~a~ &fterno0n ~ ~~ 7th., In ~ ~ with ni~. ~t ~r n 1otal fall,s at ~ lif~ mtatl~ at t~ 'lint stuff" (n~t Jl~ll~d ttmt ~7 ~f:). Once ~uce t~ bill to ~ly S1~.~, ~1~ I ~d, ~ fr~ t~ Oistrict. ~ bill ~11 M roiled s~ra~ly for ~t. t~ ~k into t~ TI~ firs ant izr~bl~ Is ~ ~zl~t'; I~C~t,~R.T add, sued r~ibl, for t~ District's r~. ~ h/tls Drt~ t~t t~y ~e al~c di~lact~ ~a. P]~, sl~ t~ ~le~d up to t~ ~th ~t,l, ~ t~ R.V. P~rk, t~y let t~ tr~h, ~ ~s ~ild up ~il t~ ~f~e t~ CID ~etinl. ~ t~y ~tially cl,~ later ~. ~t ~ ~ ~ to i~o~ this ~c~t~ln sit~ti~ ?? lo far. I hav~ r~rp~ct~d th~ etsM.s of t~ t~t is ~t t~ ~ fifth o~t ~rty ~ts. ~t, live ~t~r ~ ~th t~ ~isti~ to ~ re~o, with ~ ~ t~ ~'3 i~t lq~ ou~ Club ~ no s~er hook-up. Rgsa I~o~ard. ~o m on t~ ~ of ~i~ f~ a ~r of ~rs. ~i*~ t~t t~ ~ard ~ci~ to ~le t~ ~ Cl~'s s~r ~ir~ts ~ a ~ldi~ c~ ~ n tila ~. vzrsu~ t~ rn~lar ~i~ to t~ s~r ~ten. It m furt~r ~,~ t~t ~ g~r~ for ~i~ ~t of t~ s~t~n ~ld ~ t~ district's. ! M new told, b~caus, tl~ Club has rtq~ir~d 2 ~i~ts -ithin a s~rc ~ri~, t~t t~ Dlstrl~ is r~n,g~ ~ i~s ~it~t ~e it ~ld ~ ~mnsive. ~ S~.~ bill -~ ~ent ~ ~lwa~ to t~ District, ~t so~ refund it ~ Jent it to ~. ~hich I ~id ~ c~ct reta~rog~nt. 1.6 1 ~ s~m to hs~ · covple Of options here. Tbs ~ Cl~ s~ld ~ ~ld ~ pl~ to ~ ~ ~1~ ~ ~ ~ min~ ~r~. ~tzl~ t~t · ~tlm ~ld ~ ~tl~ to t~ District. ~ ~iZin~ t~t m t~ S~t~ is f~ctfmiM ~rly. ~ly ihf~q~nt t~ .i~tl~ ~, ~ {~ ~ i~ Otmtrl~t ~tt~ with the area has no lrrigatl~,m w~tex limes, It la carteinly mot in ~ hest trrier~ats, cost wi~e, to vas pot~bls w~ter a~l tberefors, also pay met is it to the district's to have tmtad rater beirkg used. told it is the District's rsap~lbiltty to provide irrigation. I~t's discva· ~n, ars{ ~ thee viii happen. As ~ ~a~ see. froa all the &~ve, ! alw~es ha~ th· best interests of tl~ 'C~mmity a~ · uhols' ·t heart. I sincerely l)elleve t~at Port of the Ial~,~is c~li he · premier ~ammity, far s~rrpa~ing others, b~t wb~n ~n¢ sees fire aats mot ~m~r Control, sloppy lam a~l roag main~emanca on oistrlct gro,~m~, ~osqulZo~ out of o0r~zrol, etc., ...... it is pretty har~ to expect pots·rial new ho~e o~rs to troy, ~ investors to invest. l~t's make amu~ ~a dis~s these ismve$ w~ll tn advance of the seetinf. lax)Icing forward to ~ repli~s. Sincerely. ?elephon ( 1oc 1 ) & Fs.x 941-6411-5343 Port of the Islands Pa, t d ~e bland~ 12425 Um~ Road i~ ~ 3411 ~-9626 SentVlaFc:x::wrde: 941~42-5343 ~ c~ ~:mS:~vtzaes a~ th~ Ju~e Me~ otong wtth tf~s IM'lc~ r~ Unffi ttmn, let me ~n ro · 11~ ck~ d rae, . Ti~ ,:ha. ion et an ~'~',,c~ ol 10% · 11~ ~ ram t~, tt~ ILV Park The ra~m fa' ~e R.V. Pa'k are as f~ · P~al:~ Wc:,m. · Mo,,.,e~/Ve~ Pc,' ERC S5..53 · C,:~ p~, ~ ~ o/~,H Usog~ $1.39 iWam~ $8.08 $3.02 103(X)KW. lll~ Mex~ * Coml~~3,,qO71 · (305)_/53-0380 · Fmz(305)7~6701 1998. I hope If~ ~ m m:~res~ ~ e:aeem'ns ard mgges~ons .and look fo~,~rd to a cc~gSnued 1 6Gl Resort & Marina l~t of tt~ tslands ~ tmp~v~:nt Dtst~c~ 10300 N.W, ! Ie Manor C.o~al ~ ~ 33Ov! 25000 Tamiami Trail East - Naples. Florida 34114 Nationwide 1-800-237-4173 · Local (941) 394-3101 · Fax (941) 394-4335 .rob rm7 ~ er Ib~ l.dmds Cemmeoiry lmpr~.n:menr Plgc 2 Ibc7 ctn p d:z~ doing tbLt I~afe now.. da:se pa,-ks agtmc~ arc a Not for Profit t,/pe agencics and costs nmst be a oomi6n'att~ ~ ~ M a ~ i~ANS & p'I:RMTTS: We wtll submtt all a.-~t4:ct,.tml __,~__gxa and ptans regxrdiflg tl~c ~ of o~tr ~ f~ilitJ~ which tnclud~ rcoov'~Jo~ to root~ k:d~y area. rc~r.~-aflt, pool ~ and all gx, oq~Ls laodscs~f, to the Collier County Pkmatng 13~d for the necessary pcrrr~tt Arc we also rec~r~ to s~bmit Th~ ~,ou h adva, fl,ce for your ti~ aod ,8m~ttjoo ~M ~ ~ ~ Wc look forw'atd to yom' imm,cd,J,~e ~ Pon o( I~: I~land~ H~cl Rc~rt & Marina or' P...~a~ria~, Po~ ~tbe ~ ~cl ~ & M,trtua ' Islands . , 15, lq97 Port of the Idands Resort & Marina 25000 T~ Tr~ East Naples, Florida 3,4114 Thank you for betngtng you~ concerns and questions to us tn ~ch o tl~y fa~n. ~ isles r~ ~ ~ ~ of ~ 17, J ~7 ~I1 ~ f~ard~ to ~ ~ord of ~p~vl~rs for t~ir con~at~n at t~ Au~st 21, 1997 meeting along with this respond. You or your r~l~ ~nce ~ t~ ~tt~ ~ ~ ~p~uL Your questions regarding signage for the North Hotel on District property is currently not allowed wtthaut a l:>ermit, Any proposed slgnage to be placed on District property must be approved by fhe E<x~rd of Supen4sors. As you ore aware, the existing sign was placed by the Dlsfrict as an Informational sign foe the Hote~ and RV Park. Any proposed mocliflcaflons or replacements shcx~d be coordinated wtfh Ihe RV Park property and brought to the Dtstrid for consideratmn. ~ stgnoge for the south Hold oppec~s to be planned for placement on private prope~h/and therefor not subtect lo the District's rules concerning slgnoge placed on District property. As to what the county rnczy need. if may be advisable to speak directly v,4th that agency. Existing construction traffic is being rnonit~ed fo~ damage to District roads and rights of way. Any dome>Des ore to be assessed to the developer of the construction proiect. You mcry advise the District of construction status by simply calling our field offices on-site or contacting me Congratulations on your good woek with the park agencies Involved in our area. The District ugh in front d the 'gatehouse' ws subted to and controlled by ~he Distnct Board of Supervisors. The District has not considered leasing or selling this facility to o private party to date. If you 10300 N.W. 1 lib Manor * Conll Sl~tng$. Flodda 33071 · {305) 753-0380 · Fax: (305) 755-6701 1661 orrl~,e at a specific request or need, please contact me and we will ~lng It to the Board of ,Sw~"~'s attentton for com~leratlon. The remodeling and expansion plans ~or the Hotel must be reviewed by lhe District in order for you to molnfc~n your current monthly minimum F. RCs bi~ing rote. After review of your plans we will be able to inform you of any Increases to the monthly minimum EEC billing rate. The District will also review the drainage plan for compliance to the District's system and any Thank you ogatn for yo~ I:xomp! attention to the I~strlct's responsibilities and considerotion of your concerns. If you have any questions concerning these matters, please do not hesitate to contoct me. John Petty District Repeesentatrve Dc~nn Mossing Ron Benson Port of the Islands C.hD. Water Audit 10/96 thru 6/97 Moth Gallona 6~11¢d Variance October November December January FebruAry March May June 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! I975,335} (1,065,040) (1,046,460) (1,086,210} (1,311,610! I1,136,500) ll,211 °602) -39.56% -23.88% -28.00% -28.58% -29.32% -29.46% -39.11% -32.70% -36.13% : 9,eoa,9oo 19r812f0621 -31.75°~ ' ° 1 6131 Port of the Islands Community Improvement Dlstrtct General Fund ~ Sheet F~ lt~e Pmbd ~ July 31, 1997 Cash Due from Woter & Sewer Investment - State Desx.~ S3,6~.82 S6~.524.77 S168.9~.10 S2C~0.~ Due to Wotef & Sewer Fund ~e. ~ 1996 Cu~ent Change h Fund ~e S 193.~]6.69 S48.639,00 $242,334.69 -I- Port of the Islands Community improvement District Fox T'ne Pe~)d E~lr~ ~ 3 I, Ic~7 Budget, 11wu 7/31/97 ThnJ 7/31/9'7 Va~c3n~® I sz,-9~2s sl~9,~; $t9~.80a.s7 [ S239,22~ $:27~2.a24 $ I S I, 169.8 [ ~O S~,639.00 J -2- 16~1 ' Port of the Islands Communlty Improvement District Debt Service Fund Bak:r~e Sheet For Period Encllng Jury 31, 1~7 Re<Sempnon Amount Avalob~/Debt Senflce Amount to be Pro,,dcled. Long Term Debt ltolal As.seli ~699,32~.66 S162.629.~0 S0.00 S27,347.00 $889r ~"~_ S. 14 $501,677.00 S5.288.323.00 ss,7~o,cxx:~.oo ] Fund Bolorx:e. FY 1996 sL02o.~,,~34 Current Change in Fund 8alar~e (S~3z,~.~) II'olal I.J,,~,~lllttes & Fund Ec~t~ $889,~_'J05.14 Port of the Islands Community Improvement DiSlTtCt Debt Service Fund Statement of Revenues & Expen<:lttu~es Fo~ Pe~,o<:l En<:lng Ju~y 31, 1997 Revenues S24.960.69 S6.567.81 $70.71 $312.13 S37,138.130 $661,099.80 Interest [fokd S250,~00 $792,700.00 J 1 6G1 ~' Port of the Islands Community Improvement Distrlct Capital ProJecfs Fund ~e Sheet r-cx'The Pe~x:2 ~Ju~3'/o 1997 Cash Proc~,e~ & Eq~:x~ General Fixed SO.B9 $ Invmtmeflt In Gene~ ~ecl A~ets Fu~ ~. FY 1996 Cu-rent ~ h Fur'cf eca::rx:e S 1.634.373.~ S62.~7.a I Port of the Islands Community Improvement District Capital Project Fund Statement of Revenue & Fo~ The Peflocl Erx:lbg Juty 31, 1997 Interest Income Constn.~tk~ Revenue, S2.516.08 $2,516.08 J Irn~oven'mnts Other thon Building S9,040.~0 $9,040.00 j inet Income ($6,523.92)1 Port of the Islands Communlty Improvement District Water & Sewer Fund Balance Sheet For The Pedod Encllng July 31, 1997 Accounts Receivable Standby Acc~ Receivable Due from Genm~ Fur~ Mete~ In Fteld Water & Sewer System Less: Ac~ed Depreciation S90.720.75 S26.233.24 S90,737.91 $90.00 S10.960.72 $5,326.11 I. 14 $5,079,686.25 J Per'~on Payable Due Io Generd Customer Des)os/ts Contributed Contrtx.ded Co~ · Meter Reserve<:l fo~ M4:~te~e Fund Balor~e ~ I C~6 Current ~ in Fund BoUnce $868.77 S69,$24.77 S8.123.42 S4,468.974.74 S31,331.35 SS.000~00 5431.608.52 S64.254.71 [Total UobtUfles & Fund Ecjult~ $5,079,686.28 J -7- 1 6Gl TMoI Admtnist~altv~ Told I'l, anl Net In...ome Goss) Port of the Islands Community Improvement Dh'kict Wafer & Se, wet Fund F<x ~e Pl.~<l E~ Ju~ 31, 1997 WiS ~ II, orated I~dgM Actu~ I ~ Tl'mJ 7/31/'97 Thm 7/31/97 Vadarce ' ' 16gl Port of the Islands Community Improvement District Spe¢tcl ~nt Receipts F*m~al Year lC~7 Interest Net Receipts1 so.oo s4~ 89 ] 12/12/96 ~ I~1~1,061 .$4 S0.00 12/20~ ~ S136.361.~ ~.~ ~4~7 ~ ~ I ~.~ ~.~ ~/I I~7 ~ S2A~ I.~2 ~.~ ~1~7 ~ ~4.~ ~.~ S0.00 $26.~4 I S0.00 S463.724.06 lytel Cc~:cteu $ 799.611.19 Net A~t~)unt As~es.~ed Pmcentc~e L, rolcd $9'63,928 As~'rm~t~ A.s~.essrnents Due To/From Colected Transferred Debf Service S~G3.662.15 (S6i~3.~2 ~5', 5e Ce J799,611.39 ($799,611.,19) $0.00 ] Tran~/e~ted to General Furld [ oate Check, Amount · Co~+r~.,ed. G~ SsS 222.e9 c,'25~7 4,~634,~2 $! 15.25,5.2'3 [ TOTAL $195.959.24_] Gfo~s A~es~ment$: $1.020,219 0 0 0 0 0 0 oo 0 0 0 0 0 0 o 0 O0 oo oo oO o o cz O ,m 4f d~ C3 O (tM C3 ,"' fC o 0 0 0 0 0 0 0 0 0 ~-- O0 O0 O0 ~ O0 O0 O0 oo ~y ou ou : ~0 ~0 ~0 ~0 40 ~0 ! 0 O, 0 16Gl 'i 1 6Gl 'M 4e ~e ~ 0 0 f'? "f ~ 0 0 () 0 0 0 o 0 0 0 0 0 ~0~0~0 ~0~040~ ~C iL, 0 .ar ,4 4 0 C) 0 0 0 0 0 O0 0 0 0 0 O0 O0 0 0 0 0 O0 O0 ~ 0 I'~ 0 O0 0 00~0~0~0~0 ~0~0~0~0~0 40~0~0~040 lb( l 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 LU U 0 0 0 Cz 0 0 o 0 0 0 0 0 0 4~ 0 0 0 0 40 0 0 42, 0 0 o o o o o o o 0 ~0 ~0 O0 ~0 ~0 0 0 OO O0 ~0~o~0 ~o ~o~0~0 ~0 0 · ,,4 0 · MI 8'1 k,~O ,4.4 iff-.. 110 0 0 0 0 0 lbbl 0 0 0 0 0 f4 f,,,. 4:) I'1, 0 0 0 4) 4:) 0 0 o 0 0 0 0 0 0 0 o 0 0 4 00 O0 O0 dB 0 -4 0 ~0 oO ·0 OU ~4 40 ·0 0 O0 OCql ,.,e 4ir 02: o 0 · ~ ~0 0 O0 O0 OO ~4 ~ ~o oo oo ~ ~ ~ ~ oo o o · C) OONO ~0~0 0 0 I~ ~o 0 )0)o ~o~o ~o ~o 4o~0 ~0~o ~o~o ~o ~o 16G1 1661 Port of fhe I~kmds CID $13~.37 S~08.61 PORTOFTHE ~ COMlt~JNIT~ ~ DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thttrsday, October 16, 1997 at 4:00 P.M. at 25000 Tamiami Trail East, Naples, Florida. Present and constituting a quorum were: Thomas L. Baa'nard Richard Burgeson Bernard E. Wolaky A/so present were: John Petty Dan-in Mossing Stepher Bruce Anderson Dr. iron Benson Winston Lue Senja Durrwachter Chairman Supervisor Supervisor District Stair District Staff' ' District Staff Attorney Hole, Montes & Associates Port of the Islands Resort & Marina Florida Department of Agriculture and Consumer Services ~ OHDEH OF ~ Poll 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. ~ND ORDER OF B~ 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 v/a 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. If you didn't get to know him, he was the definition of a gentleman, a very fine man. We will miss him. 7HIIn) ORDER OF B~ Statr~ A. Attermy There not being any the next item followed. Dr. Ben.~n 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 meeting. Be~een now and then I will ~ubmit a reper~ ~ Mr. Petty. That can be put on the nc~t agenda. Mr. Bas'nard 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 £Lxed 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 until he returns. He, being our ERC guru on staff. We have agreed without Motion to delay that. Co 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 magnesium 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 food, 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 agreed 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 o/T. 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 · Octobm- 16, 1997 On M ..OT. ION bY Mr. Wolsky .econ.ded by Mr. Burgeson/ with all m favor stall' recommendation was approved. ,, ,,,., ! Mr. Barnard stated along that s_~rne 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 ii' 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 ii' 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 that 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 stafrcan 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 old 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 margin 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 October 16, 1997 turned off for each street, is that going to be fixed. with the CID? Does that have anything to do 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 it' you have another break you are not going to turn off the hotel and the rest of the area? Mr. Stephens responded I may if I have too. Mr. Bat'nard 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 very 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 of 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 of 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 roadway or damage to some other facility, but, you try to make that the smallest possible area, you are fight. 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 with 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, I am sure he will increase his maintenance to exercise those valves. If he has done the 4 , Octoi~ 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 i~r. 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 ! would like to mention that over the past several months we had several meetings of the neighborhood watch program. 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. ~ir. Berger has been checking into where to put them, how many are needed, etc. ! wonder if tho CID can do anything in the way of supporting those signs, helping pay for them, or whatever. Mr. Barnard asked what is involved? Mr. 13erger stated we are talking about $300 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 will go from $30 per sign to $75 depending on the needs of the community. Ifyou want Spanish/English, or double signed, double reflective. The maximum 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 these gms, but since they were put at a lower level, they are usually bent, from kids or bicycles or what have you. That is why in a lot of communities, especially where the), 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 si~na~e. 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 the 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 si~n or a pro~'arn that Mr. Berger would like to present that you would like to adopt. But if you would just like direction imm 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. Bar'nard stated it just didn't sound like a lot of si~nage 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 alter looking into it. Mr. Petty stated I will go out and use the 18 x 24 i'or the single family sub- divisions and just two lane roads are more appropriate. I will send one out, Mr. l~tevens 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 ii'you come in you will see it. Mr. Petty stated you want to stay away from a double sided sign 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. Barnard 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 , ~ 16, 1997 1 601 Mr. Barnard stated I was thinking of ~omething like the signs we have out there that are wooden sierra that have a wooden stake going down into the ground. Ikir. Berger responded no he stated an aluminum sign mounted in the WOOd. lklr. Barnard stated I understand. That is what I 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 ifyou 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 gated I think it is a personal opinion. I have my own personal opinion about doing government signage in two languages. lklr. 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 of the straight aluminum sign, maybe even get one wooden encased, ifyou 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. Man:hand 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. Stephens 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 on for the RV Park and Gun Club, One of them the bird is falling oft' and the other one the sign is falling oft. 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 LeU 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 au 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. ~ir. 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 si/nage can go in. Now we have hand painted si/ns. 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 noto 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. Barnard stated from my opinion I think it is fine. And the second one? Ms. Durrwachter 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 hang a sign on the buildL,g. 8 ............. ~ ........ JIL_. I_! _ I _! ......................... I~._,LILL~ .............. iLl .......... . .... JlJl_.. ....................... I Mr. Bernard stated I don't know either. But I think you need a sikm permit i'or any sign in Collier County. Any questions or comments on this? Mr, Wolsky asked when is the Grand Opening. Ms. DurrwachLer 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. Du,'cwachter s~ated there is a memorandum to water management and Fish and Wildlit'e Service, because they are going Lo have people stationed in the building. There will be a Park Ranger there and water management will have a person there. Mr. Petty stated ii' you approve oF the sikm, authorize our attorney to work with their group on coming up with an a~reement, which would say the District would have the right to have that sign removed for the purposes or maintenance or operation as it see fit. Mr. Bnrnard stated that will be all right as long as it does not run into a lot oi' legal tees. Ms. Durrwachter stated as far ns the siln that will go under the main sign, do we need LO wait i'or the a~'eement? Mr. Anderson stated my suggestion would be that since they are the ones asking i'or this, they provide something i'or me to review. Mr. Barnard stated thai. is exactly what I think. I at~ree. },Is. Durrwachter atat~t do you have a dratt that I could work of I'ot' as far as what kind oi. wording you will need. Mr. Petty responded no. Ms. Durrwachter stated we might have some problems with the parking. The Chairman of the ~roup is Jim Perkowsky with the Fish and Wildlii.e Services. He is very concerned about the parking places, there would be six (6) parking places there. I spoke LO the County about the type of handicap requirements. They suggested we put in handicap parking. We have to do one per 25. Mr. Bernard stated as t'ar the handicap spaces go, it is simply a matter oi' re-painting some parking lines and I assume your people would be doing that? Ms. Durrwachter responded yes and we would provide the si~n. . Ociolx~ 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 instaU 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 the 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 corning 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, I 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 do a Motion that authorizes them to hang their sign up there and the District wot, ld have the right to withdraw that at any time. Mr. Barnard stated yes, I don't think we need a legal agreement, it is not that big of a deal. lOn MOT!ON by Mr. W.°lsky seconded by Mr; BurgesonI with all in favor the s~gnago as to parking spaces was[ approved. FOURTH ORDER OF BUSINEI~ Supervisor's Requests and Audience Comments Mr. Barnard asked for any supervisor 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 agreement from Waste Management to provide dumpsters with blocks. They are bringing 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. · 'Octob~I6,1997 1 "I Mr. Barnard stated CID does not have a dumpster. There is a neighborhood dumpstar for the people who live back on the canal and they pay for that. We have nothing to do with it. Ii'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? bis. Marc. hand 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 BUSINEf~ Approval of Invoices O.n. MOTION by Mr; Burgeson seconded by Mr. Wolsky[ wath all in £avor, all lnvoices,,are approved. ! Mr. Lue stated on behalf of the family of hotel owners, I thank you for your kind words. SIXTH ORDER OF BUSINEI~ The meeting was adjourned at 4:30 P.M. Chairman 11 PORTOP ~ll~ ~ C OMMUN1TY IMPRO~ DISTRICT Thursdsy Octob~ 16, 1997 4:00 P.M. ® 25000 Tamiami Trail East Naples, Florida Roll C~II Approval of the Minutes of the August 21, 1997 Meeting A. Attorney B. Engineer C. Mansger Supervisor's Requests and Audience Comments Approval of Invoices Adjournment P~L~ PL 33940 P~t,Z~O 0~: 10/09 AO Lo.~E., 61.000 INCH lend Cemmunlty m ,tm p.e~, iceedlnes Is mede, 16{]1 NEIGHBORHOOD WATCH 1 6B! Flarl~ Del~rtment of,a.O'iculture & Cotuumer Service. DOB CRA~:'ORD, Comm~ionet Thc Capitol. Ta~lahz.ee, b'l. 3~99-0800 PWayune Strand S~e For~t ~ ~o~ of Fo~ 710 ~ BI~. NapI~ ~ 34120 O~ober 13, 199T $ohn P~* I 0~00 l,i'W I lth Manor The SW Florida Envi~onm~al Im'erm~o~ Cealet ~ d~ a ~ ~o~ for si~e. ~e ~ W~ ~~'s g~ ~. ~ ~W ~ ~cd from ~ ~in ~ ~ ~0m ~ ~S. h ~ ~ ~ ~ ~ ~ ~ ~ ~ing si~ ~ ~r w~ At~hed to the buiI,r~ iu~ wouW be the ;ego ado;a~ by the cellabora:or~. ~ b shown in Iq~.n'e 2. We ha~ uad~r~oo~ ~ aaTthi~ o~ Ibm buikf'm8 would be apl~'oved by the hotel, and wou~ rot affect the CID. We have oot ye~ ~electe~ the color;, but they will be compatible ~o the I:~'Wk~& We ~e almo reque~.g b~ow~ iaf. ormational g$~ to be po~¢d on I~ghwaT, 41 by DOT. Amy Taylor 8'om CoP;e~ County BIaaab~ Department is coordinating th;~ effort. Florida $53 Ot:il Agriculture and Forest Products Billion for Florida's Economy 661 BOB CRAWl:ORD. COlvibfl$,.~ION'c~ lqg~r~ 2 ~O'd ZOO'ON Z~:~! z6 £t 130 t~Z~-:g£-t~6:q3L '3'R 331~q03 'J'O'Q Fi~n'c ~ Additfoa~l Perldu~- b"W F1oride Eavironmen~l lnformetiou Center IIIIIIIIIIIIIIIIIIIIIIIIIIIIIHlll Port of the Islands F~ Ibm ~ El'~r~ ~ 31. I~ ~ 8/31/97 l~u 8/3!/TI Vorlam~ S 1~ ~. 167 ~ ~ S1,~ ~161~ I Port of the Islands Commu~ly I~! DLsflfct sa~sT~ ~o 1~2~o~oo $12~131t31 13306~0 Port of the Islands Community Improvement District Debt Service Fund Statement of Revenues & Expenditures S27,8,.~.07 S7,238.71 S7~71 S36~68 S,592.Cl~C~46 S37,138.CC] $664,71 &~ I ($127~98~.37)I $1~020,906.34 ] $892,9 ! 9.97 Port of the Islands Community Improvement District ~t~l P~olect Fu~d Statement o( Revenue & Expe~es Fo~ The Period Erx:llng August 31, 1997 ~teres~ Income [Fund ~.~,~ce M/97 S2.748.48 $2,74,8..~8 I S9,C)40.00 $62,~7.~I Pcx't of the Islands CID LaC [A~co~nl Ho. ~11,40196 92102901573 5342.19 5282.95 $366.75 $2.266.49 S~.51 S56.70 $2.323.62 S6.:29 S8.87 $9,43 $116.98 56.027,72 ~,,~,,019.61 J 1 6131 qq 0 1661 16Gl ~ 0 O t 0 · ,C 043000 MI .4) · ~ ~-- ~0~ ~OOOO~ ~0 ~ 0,2/ n ~ O0 0 :3[ r~ w or- C~ ~, o ,~ o ~ o 0 M ~ 0 ~ ~ 0 ~ OC O~ 0 ~ O0 O~ 0~0~0~ Om E~ o~ ~ O0 ~ ~ o o o :o ~ ¥ o 0 0 ~0 ~ O0 O0 WZ ! w O0 0000~ no~ ~ 0 ~ ~ or* .C :! ,I) 2 O~ o('1 ,4/ : ~ oc1 o-~ OZOZ d ~ d oo 4.0 O0 Z 0 ~,~ -- 0 0 tJ a, 0 "' ,,4 tJ 0 0 -- o o ~, o ~, ¥ o o 0 0 0 0 0 0 '~ 0 0'~ .. ,,,~ 011, 661 qql f"'t O0 PLEASE NOTE REVISED DATE RECEIVED NOV I 1997 AGENDA EMERGENCY MEDICAL SERVlCES ADVISORY COUNCIL (EMSAC) ~oard of Count~ NOVEMBER 24, 1997 2:00 P.M. HEALTH BUILDING 3RD FLOOR 3301 EAST TAMIAMI TRAIL CALL TO ORDER APPROVAL OF MINUTES OLD BUSINESS MOU with Fire Departments Date Collection Project NEW BUSINESS Election of Offlcom City of Marco PLEASE NOTE: Date of meeting has been changed to Monday, November 24, 1997 at 12:30 P.M. at which time we have been invited to join the Emergency Services Department staff for a Thanksgiving luncheon. Meeting lo being at 2:00 P.M. F,i~c. Corr~ Oate:. ~ Cope~ September 12, 1997 TRANSCRIPT OFTH~MEETINGOF THE CODE ENFO~ BOARP - SOUTH Naples, Florida, September 12, 1997 Met on this date at 8:30 a.m. in REGULAR SESSION in Building "F' of the Government Co~lex, East Naples, Florida, with the following members present: CHAIRMAN: Randy' Merrill Lynn Bradeen James E. Lavinski Lewis P. Oxley Robert K. Lockhart Guy P. Adams Diane Taylor Maurice DeVito BOARD MEMBERABSENT: Rhona Saunders ALSO PRESENT: Jean Rawson, Attorney for the CEB-S Teresa Passmore, C.E. SDecialist hinds Sullivan, C.E. Director - Kimberly J. Polen, C.E. Environmental Specialist David Hedrich, C.E. Investigator C~pies T~: Page 1 1 6 G'I D~Ces lepCem]~r 12 1~99 ac e:30 o'clock A. ICC: vs. Rob4rc E. & lr~n~ g. Cad,nhE&d I. ICC v~. Lynn V. Cader~A4&d C. BCC vs. l,~. Steuirc, TI, c/o ~r. ferc, Inc. WEFT tqIzTIWC; DATK C'EB No. 9'7-023 CL'B leO. ~?-025 C11 No. CZ1 No. 97-013 C~B No. C1~ No. Cl~ ~o. September 12, 1997 CHAIRMAN MERRILL.' Board meeting of the South Board to order. roll call. Lynn Bradeen. MR. BRADEEN: Here. CHAIKMAN MERRILL: James Lavinski. MR. LAVINSKI: Here. CHAIR~ KERRILL: Guy Adams. MR. ADAMS: Here. CHAIR~AN MERRILL: Haurice DeVito. MR. DeVITO: Here. CHAIKHAN HERRILL= Diane Taylor. MS. TAYLOR: Here. CHAIRMAN HEP, RILL: Robert Lockhart. MR. LOCKHART: Here. CHAIRMAN MERRILL: Louis Oxley. MR. OXLEY: Here. At this time I am calling the Code Enforceraent We will start with the Rhona Saunders is excused. CHAIRMAN H]~RILL: Randy Merrill, here. We have a quorum. Approval of the agenda. Has everyone gotten the agenda in their packet? Motion to approve? MR. BRADEEN: So moved. CHAIR]4AN M]~RRILL: Second? MR. LAVINSKI: Second. CHAIPO(ANM~ILL: Any discussion? Hearing no discussion, all those in favor indicate by saying aye. Any oUposed? '(No response.) CNAIRMARME~RILL: Motion carries. Approval of the minutes. Any additions or corrections to the minutes of the last meeting? The only correction I would have is that it refers to a Miss Peck, P-e-c-k. Starting on page three it was Beck with a B, B-e-c-k, amd then we have been informed that she's been married and actually it s~uld read Passmore, which is I guess corrected three times. That's the only corrections I have. Anyone else have any other corrections to the minutes? ~otion to approve? HR. BRADEEN: So moved. CHAIRMAN MERRILL: Second? HR. DeVITO: I'll second. CHAIRMAN MERRILL: Any discussion? Hearing none, all those in. fa~r indicate by saying aye. (N~ r~sponse.) ~{AI~ HEP. RILL: Hearing none, motion carries unanimously. Me will no, move into the public hearing stage of our meeting. This Ks the Boaz~ of County Commissioners versus Robert E. and Irene E. Cadenhead, CE~ No. 97-023. Are the parties here, Code Enforcement? Anyone here on behalf of Robert E. or Irene E. Cadenhead? Page 2 ..... i i IIII I I IIII I I I Ill !6G1 September 12, 1997 Sir, would you please stand up and identify yourself? MR. CADENHEAD: Robert Cadenhead. CHAIRMAN MERRILL: Okay, sir, are you ready to proceed this morning? MS. PASSMORE: Mr. Chairman, if I can interrupt just a quick second. We did have one add-on that had to go onto the agenda. An announcement, Ms. Rawson is on her way. Apparently she's running Just a few minutes late. CHAIRMAN MERRILL: Ail right. MS. PASS'MORE: The add-on that we have under old business -- MS. SULLIVAN: I will bring that up. It has to do with an RLS that I had submitted to the County Attorney's office. CKAIRMAN MERRILL: Okay. I will Just put item one and you will bring it up at the time. MS. SULLY: Okay. CHAIrmAN MERRILL: All right. All those that are going to be testifying in the matter regarding Robert E. and Irene E. Cadenhead, please come forward to be sworn. Sir, will you be testifying today? (Speakers were sworn.) CHAIRMAN MERRILL: Code Enforcement Board or Code Enforcement, are you ready to proceed? MS. SULLIVAN: Yes, sir. CHAI~%N MERRILL: Go ahead. Good morning, Ms. Rawson. MS. RAWSON: Sorry I'm late. I had an eight o'clock meeting. CHAIRMAN MERRILL: The only thing you missed was the approval of the minutes so far. MS. ~AWSON: Thank you. ' CHAIrmAN MERRILL: We have had both witnesses sworn for this hearing. That's it, A on the agenda. Yes, sir. MR. ~XLEY: On the notice of hearing, it's dated 28th August, and it says they have until the 8th of August to submit their package. W]11 you ~ook at that, please? Is there anything wrong with that? Is t~at a typographical error? Has it anything to do with the case, et cetera? CHAI~4AN MERRILL: I think that that's something that needs to be b~ought up by the testimouy. Are you ready to proceed, sir? MR. HEDRICH: Yes, s~r. CHAIRHAN MERRILL: Go ahead. MR. ~EDRICH: My name is David Hedrich, H-e-d-r-i-c-h0 Investigator, Collier County Code Enforcement. This w[olation was brought to us on the basis of an anonymous . c=.~)laint. It referenced the property at 3994 Mercantile Avenue, Naples, Florida, and the co~laint was in reference to litter and abandoned pruperty scattered amongst the property described. On Janua~rf 14, 1996, the violation was first observed at the location. Photographs were taken of the violation January 29th. The notice of violation was sent out with an order to correct. The date for correction was February 26, 1996, and we have had several reins~>ections, the latest of which was August 27, 1997, and again this Page 3 September 12, 1997 morning, going by the establishment and taking current photographs of what remains of the violation. At this time I can say that a good 75 percent of it has been removed. We do have a small quantity left. Mr. Cadenhead and I did talk briefly here before the hearing this morning. I do believe he intends to complete the removal, and on a further basis, agrees to no longer keep the demolished materials or unusable materials on or about the property in an orderly fashion. I did explain to him about the necessity of the dumpsters required and the containment of the litter and things, of the materials not to be used at any further time'HR. DeVITO: Could we see the pictures that you just took? Did you take them? MS. SULLIVAN: Mr. Chairman, if I may, at this time, staff would like to introduce the packet as Exhibit i to include the pictures, and we have a set for the board to look at of the originals. CIiAIP44AN MERRILL: Before you do that, Mr. Cadenhead, do you have any objection to the admission of the packet from the Code Enforcement Board including those pictures? Would you -- would you step up to that microphone for us, please, sir? HR. CA~: Number one, in other words, you have your policy set up so you go ahead and admit the photos like what you want. I mean, it would do me no good to object if I wanted to. CHAIRMAN MERRILL: well, you certainly -- you may object to the photographs, sir, and bring up any objections that you have to them before we take a look at them. HR. CADENHEAD: This is fine. The photos -- photos are fine. CHAIRMAN MERRILL: Are you sure? ' HR. CADENHEAD: Sure. CHAIRMAN MERRILL: Okay. MS. RAWSON: Are the photographs that were taken this morning being introduced into evidence as well? MS. SULLIVAN: Yes, ma'am. MS. RAWSON: Okay. So it's the packet plus the photos that were taken this morning? MS. SULLIVAN: That's correct. CHAIRMAI.! MERRILL: So the packet plus the photos taken this morning will be introduced as Code Enforcement Exhibit I without objection. Mr. Hedrich, are you finished with your testimony? HR. HEDRICH: At this time, yes. CHAIRMAN MERRILL: Mr. Cadenhead, do you have any questions that yot~ would like to ask Mr. Hedrich? MH. CADENHEAD: No, Mr. Hedrich has done his job. He went out 'an~ he £rrv~tigated. He took the pictures. We're cleaning up the property becams~ we want to, basically. I have been before the board about four year~ ago, resolved this whole matter at that particular time with the board, if they go back and look into the minutes of the meetL'~s. Our deal is basically that we have been on this piece of property since 1972. We're not compiled (sic) with any ordinances as Page 4 September 12, 1997 far as fencing it and some other things as far as being grandfathered in. But our deal right now is to comply with what he wants to do, in other words, to clean up what he's asked. We don't feel it's too far out of control to do and we're going to do it, and we're doing it right now. We have done probably 90 percent of it. Everything that's out there is -- basically, there's a bunch of houses that we have a permit to -- from the county to bring to the -- to the spot to remodel. And basically what's haupentng is a couple of them has deteriorated to the point that they're being demolished, so it's all according to how we demolish them, and I think I have got the right to do what I want to do there. But on the other hand we -- in the spirit of com~liance, we have put in to clean up because it needs to be cleaned up. That's a very sim~le deal. CHAIRMAN MERRILL: Let me ask you this question, sir, is it my understanding, then, you're agreeing to the -- to the recommendations Of Code Enforcement that you clean up the property? HR. CADENHEAD: Basically, what I am doing is -- I don't really want to enter into an agreement with this board on a clean up. I am entering into an agreement with Code Enforcement. I am going to go ahead and clean up what they have asked for, because I don't -- I think that if I take you back -- in other words, there's a little bit of a principle of the thing. And the principle comes back that I came before the board, argued -- CHAIRMAN MERRILL: Let me stop you one second, okay? HR. CA~: Okay. CHAIRMAN MERRILL: And I will let you say that in just a minute. HR. CADENHEAD: All right. 'CHAIR/~AN MERRILL: Do you have any further questions of Mr. Hedrich? HR. CADENHEAD: No, no. CHAIRMAN MERRILL: Does any member of the board have any questions of Hr. Hedrich before we proceed any further? HR. BRADEEN: Hr. Medrich, are you satisfied with what's happening there7 HR. HEDRICH: I am satisfied with the progress that's taking place now, yes, I am. HR. BRADEEN: Is it your recommendation that we proceed with this or are you going =o ask us for more time? I mean, is there anything in the wind about that? HR. H~DRICH: Well, seeing that we have -- progress has finally c~nced and things have moved along, and I have been able to speak ~ith Hr. cadenhead, I feel that we can resolve this within the next. 3~ dmys without any further problem. HR. BRADEEN: Okay. CHAIRMAN MERRILL: Any other questions of Mr. Hedrich? Th~nk you, Mr. Hedrich. l~ow, t~r. Cadenhead, it's your turn to continue to talk -- testing. HR. CAD~f~AD: Ail right. Basically, to make a short story -- a long story shozt, I will agree with Mr. Medrich over here to finish Page 5 September 12, 1997 cleaning up what he wants as long as I am not directed by this board here that X got -- have to do it. In other words, I will get it done within a 30-day period. And I feel that's -- I don't feel that -- number one, if I have to go back and be directed by the board, then I am going to come back and argue my case to the start. In other words, I am going to do the clean up in a spirit of be_lng a good neighbor where I am at and get it done. That's basically where I'm at right CHAIRMAN MERRILL: Okay. I understand what you're saying, but you are before the board at this time on a violation, and the board very much may tell you you have got 30 days to do this or 60 days or some $~:~int to do this, and that's what we're here for today. If you need to argue your case, you need to do it today. MR. CADENKEAD: Well, my case, basically, would come back to the case that I came before this same board with and won, okay, with the right to do what I wanted to. And what -- what was treasures and what is trash to one is -- is recyclable for the other. So I don't think I have to be before this board again today to do the same identical thing. I think what I am here today with the board is that I am in agreement with complying with Code Enforcement to clean up what they want, because they're asking for it, not because I am not in comt>liance. I think that -- I think the best way to end this thing here today is that I agree to go ahead and get this cleaned up within 30 days, what Hedrich wants, so then he can report back to the board and we're through, rather than trying to get into a deal with the board who is right, who is wrong, because it needs to be cleaned up. I don't need my property littered, and I don't need to continue what was going on. ' So we're cleaning up, all right7 In other words, I'm Just kind of -- all I'm doing is trying to say that I was here. I argued my point before and I won. I am back doing the same argument. In other words -- but the argument spells over that I don't need to keep the litter on the property. I need to clean the property up, and I am going to do it. So -- so that's where I'm at right now. And as far as the dates on the January, we had kind of an unfortunate deal. My mother passed away the first of January and they delivered this deal to her, then it was signed for, so we didn't know it until -- I guess we really got into the deal somewhere in July or something like that to where I got into the part of what I needed to do for the Code Enforcement. So even though it's been a long going thing, the county sent -- the first notice got accepted by my deceased mother. CHAIRMAN MERRILL: All right. Is there anything else that you. wanted to present to the board? MR. CADENHEAD: No, sir. The only thing I want to present to the k~m~td is I want to do in compliance with what Mr. Hedrich wants to do, ~r~ ~at he's asked for -- he's come out onto the property and he's -- h~'s conducted himself in a manner that the board should be proud of. r~ other words, I have no problem to the way he's conducted himself on my property and as far as I'm concerned, what he's asked for I am goimg to do, but I just don't want to be told that I have to Page 6 September 12, 1997 do it. CHAIP44AN MERRILL: Okay. Did you have sufficient opportunity to present anything in writing that you wanted to present to the board? MR. CADENHEAD: No, sir, because i didn't come to the board to basically argue out an old case. In other words, right now I came to the board saying that I want to comply with what he wants to do. CHAI~0~AN MERRILL: Okay. I understand your point, but my question was, did you have a sufficient time, if you had wanted to present anything in writing to the board, to do so? MR. CADENI~,AD: No. No, sir, I don't have nothing at this Darticular time to present to the board in writing as far as this Darticular case. CHAIRMAN KERRILL: Okay. Thank you. Any questions of Mr. Cadenhead by any other member of the board? MS. TAYLOR: Yes, I have one. If you thought you won this four years ago and then it became this horrendous mess, now you think you have won again today -- MR. CAD~Nl{EAD: No, ma'am-- MS. TAYLOR: -- and it will start over again? MR. CAX)~N~EAD: -- I didn't -- I didn't come here to argue whether I won here today or not. I came to say that four years ago, besically, on the records, I came before this board, the whole thing was laid out, and at that time it was decided that what I was -- what was going on on my pro$>erty was -- was my making and my doings and it was okay. Now today I am coming before the board because Mr. Hedrich has got -- has asked this to be cleaned up. I am saying that I will go ahead and get it cleaned u~> within a 30-day l>eriod, what him and I ap~r~fed to, but I really don't want to be ordered by the board that I have to do it at this point. So if you-all -- the easiest point would be to have a continuance to -- of this for 30 days. we have what he wants cleaned up and the case is over with. CI4AIRKAN MF2~ILL: Are you making a motion for a continuance? MR. CADENHEAD: I would ask for that, for a 30 to 45-day continuance because we're -- in other words, we got one more load, basically, to haul off there to do what he wants to do. And I think that if we had a continuance here today to com~ly with what Mr. Hedrich wants to do, that everybody is going to be totally hapDy. C14AI~ MERRILL: Code Enforcement, do you have a position on that7 MS. SULLIVAN: I would have to defer to your counsel on proceduxe, but I don't have any problem with giving Mr. Cadenhead another 30 days because I know that he has in the past few days wor.kecl diligentXy to clean this u~. CHAIRMAN MERRILL: Let me just tell both of you before Ms. Rawson starts, aund please, Ms. Rawson, address this issue, too, that we have taken the evidentiary portion of the issue. If we continue this, this would only ~ a continuance as to what the board would make as a finding of fact and a recommendation. MR. CAD~i~HEAD: Okay. But if we do a continuance, the recommendation of the finding of the facts, there's no more debris on Page 7 1 6Gl September 12, 1997 the property in 30 days and so the finding of the facts does not come back and cross over my compromise on my other position, so I'd rather have it that way CHAI~ KERRILL: Perhaps, perhaps, perhaps. MS. RAWSON: It's within the board's discretion to do that. We have already had the evidentiary hearing. Ail you're doing is deferring Judgment for 30 days. And if, in fact, the Code Enforcement officer re~orts to you that there's no debris, well, then that's the end of that. If, in fact, there is, then you can make a Judgment at that tin~. CHAIRMAN KERRILL: Do I have any sense of the board or any member of the board that wish to make a motion regarding Mr. Cadenhead's request for a continuance of this matter? MS. TAYLOR: I will make a motion that no more than 30 days. CHAIRMAN MERRILL: So you're making a motion to grant his request for a continuance of this proceeding from this point on to our next meeting? MS. TAYLOR: Yes. CHAIRF~N MERRII,L: Is there a second to that motion? HR. DeVITO: I will second that motion. CHAIRMAN H~RRILL: Motion and seconded. Any discussion? HR. BAA/~EEN: Mr. Chairman, I have a little bit of a problem with that. I will vote for the motion, but, Mr. Cadenhead, you -- you're the one that ~ushed this to this point and now you don't want this board to have to do what it has to do. If it wasn't for your actions, we wouldn't be here. HR. CADE~: I understand. HR. BRADEEN: And to come in here and say you don't want us to do something is -- HR. CADENHEAD: I understand that. HR. BRADEEN: You' re the one that made it happen. HR. CADE~{ZAD: Okay. ! can appreciate what you' re saying, but in my position, whatever I have pushed, I could have pushed it. But I also went before this board and was granted the same permission from this board to do what was there before. So now in the spirit of cooperating with your code Enforcement, I am willing to correct what they want, okay, and ! am going to do it like this right here. If we get into another deal, then I am going to ask for a continuance to go back and bring this before -- what is right, what was told to me before by this same board, and sit -- and sit on that. In other words, so I think what we're doing right now is taking the position of 30 days, have exactly what Mr. Hedrich wants done, we're totally done, and then I don't revisit where I was before. HR. BRAD~EN: What you did was cause this situation and now you'r~ totally trying to control it. MX. CAD~NHEAD: No, sir. Y~t. ~:~ You're trying to control this board. MR. CAD~IaIEAD: No, sir. I control -- I control the situation at the last zoning hearing when I was given permission to do what was there. Now, if wo have to go back and revisit those minutes of that meeting and if we have to come back and put it onto the board's agenda Page 8 September 12, 1997 of how that took place, then we do that. But right now what we're doing is that we're saying we're going to clean up what he wants cleaned up. We're going to do it within 30 days, and there -- we will be in compliance of what he wants. MS. S~JLLIVAN: Mr. Chairman, if I may, I think there's two different issues here. We all agree that Mr. Cadenhead is g~andfathered as far as his structures and that he's been given permission by the county to do that kind of business, but the only ~hing that Code Enforcement is here on today is the litter problem. You know, you can do these kind of businesses, but even on construction sites or demolition sites, you have to control the litter, and I think there's two different things here. CHAIKM~kN MERRILL: I think that's my understanding, that we're only dealing with litter, not with what the activity is on the property. MR. CAD~: Well, the last hearing, it got what was litter, what wasn't litter, and we don't -- we don't even really need to visit that today if we take the process that you want to go with here. CHAIRMAR KERRILL: Any -- did you have any follow-up to that? MR. BRADEEN: Yeah, I am Just curious if I am understanding Mr. Cadenhead, he got permission from this board to have litter on his MS. SULLY: No, sir. He got permission to work on these structures, these structures which would not come up to code today but are grandfathered. CHAIR~t~,N MERRILL: Are these the structures that used to be -- MR. CADENMEAD: Now, I don't -- CHAIRKAN MERRILL: Kxcuse me a second, Hr. Cadenhead, are these ~]~e ~tructures that u~ed to be sitting on 41 East that have now been moved up to Mercantile? KR. CADENMEAD: No, the ones that was on 41 East are on Guilford. They're -- they're -- have a certificate of occupancy. People are living in those and they're Ryan models. CHAIRMAN MERRILL: Is this -- MR. CADENHEAD: These are some houses that were moved in to be brought up to code that haven't been moved back out is basically what it is. CHAIRMAN MERRILL: Is your place around Mercantile -- MR. CAI~fd~D: Yeah, Mercantile and Industrial. CHAIKM~N MERRILL: -- where Schiller's garage is, around there? MR. CADEI~HEAD: Yeah. CHAIRMAN MERRILL: Okay. I know the area. MR. CADEITHEAD: And to back up one other ~otnt, in other words -~ she's right about being grandfathered in, the houses, about no fence, nothing else. In other words, all that is totally right, but in the ~as= case, it was argued what was litter, what wasn't litter, and at t_~ ;~t, we won what was litter and what wasn't litter. Az~ %%~at's one of the reasonu it's a long drawn out thing. Right now -- in o~r words, I'm -- I'm happy to go ahead and clean up what they wan= because they're asking me to and they come out and did a nice Job of ~sking, okay? And I am going to d9 that. And I think Page 9 September 12, 1997 that if I am directed by the board in some kind of formal action, then Z want to go back to my own deal that I had from you before. Right no~ I am going to do it because I want to do it and I will get it done. CHAIRMAN MERRILL: Any other questions from the board? MS. TAYLOR: Well, for one thing, this is not the same board that you were before before. MR. CA~: I think -- I think -- but it's the same -- ma'am, it's the county, okay? And I have been a member of this county all my life, all right, and if you granted one thing by one board in the same county and it comes to another position on the same piece of property, it all reflects back and that's called Justice and that's called law. So I am not here to argue that point. I am not here -- I am not here to try to be aggravating. Ail I am here is that -- is that before I was granted a certain thing by the other board that preceded you, okay? No~, whether cr nor. the board -- you have got the right to over-ch&nge that or not, Z don't kno~. Z me~n, that would be for somebo<~ else. And all Z am doing is ::Just arguing a little bit of principle here this morning. In other ~or~, I am Just tz~ing stand up and s~ what I was told before and what I did. $o tod~y -- in other words, I am also arguing a little bit of ~Justice, what needs to be done, and it needs to be cleaned up. So am agreeing to clean up. I mean, I'm not saying -- it's a win/win situation, basically, £f we do £t this way right here. CI~IP~N ~RILL: Any other meanders have any questions? Anything from Co<Se ~nforcemenc based upon the testimony of ~r. ¢&denhe~d? ' - MR. ~:)RICH: No, sir. CI~J~I ~ILL: Kr. Cadenhead, do you have anything else you ~ould like to say? MR. CAD~t1~D: 1~o, I think I said too much already, Bo th~nk CTL~IPJ4M~ )~LP, ILL: Th~nk you vez-y much. At this point in time we will close the ev£dent£ary portion of the hearing and ask -- there was a motion on the floor, moved and Beconcled, to approve ~4r. Cadenhead's motion far continuance. Any further diBcuBsion on that motion? Hearing no further discuss£c~, all thoBe in favor of the motion indicate by Baying aye. Any opposed? (No ~espon~e. ) ~~ ~ILL: None opposed. ~tion carries. This ma~ter w£11 be continued 30 days. . MovLn~ on to the next matter, Board of County Co.~aissioners versus Lynn V. Cadenhead, Code Enforc~ent Board No. 97-025. ~S. PADRE: Mr. Chairman, I spoke to Mr. Cadenhead on W~dnesday of this week and he has informed me that the ex-wife -- M~. CAXI~i~HEAD .' Yeah. MS. PASS.ORE'. -- is in Georgia-- MR. C~: Correct. MS. PASS~O~E: -- at this moment. Mr. Cadenhead0 were you able Page 10 September 12, 1997 to obtain a letter from her granting you representation for her this morning? MR. ~: I contacted her -- CHAIRMAN MERRILL: Mr. Cadenhead, if I could ask you to step up to the microphone again; we are being recorded and I need you there. Thank you. MR. CAD~: I contacted her and she was sending the letter by Federal Express down because she wasn't close to a fax machine. She's in the rural area of Georgia there. So I should have the letter for Monday morning. But she did give me permission to speak for her on this and to say that we're trying to resolve it as you requested the other day. MS. PASSMORE: Yes. MS. SULLIVAN: Mr. Chairman, for clarification, Lynn is who we're talking about, the property owner, who is his ex-wife. And we were having trouble getting receipt of notice, so I asked Mr. Cadenhead for a letter from her sh~wing that she had received notice if he was going to represent her. CHAIRMAN MERRILL: So at this point in time we do not have -- physically have that document. MS. SULLIVAN: No, sir. I had asked him to fax it yesterday but we didn't get it. MR. CADENHEAD: It was not able to be. We talked. It was not able to be faxed down, but the letter was put into Federal Express to send. CHAIRMAN MERRILL: So without notice, then, I am going to remove that item from the docket. You can put it back on when you have got notice and are ready to go. ' MS. PASSMORE: Thank you. C}{AIRMAN MERRILL: Item C, Board of County Commissioners versus I. K. Steuart Trust, care of Mr. Pert, Inc. Good morning. Would all those -- good morning, sir. All thbse going to testify in this matter, please be sworn. (Speakers were sworn. CHAIR24AN M~RRILL: Would you state your names for the record? MS. POLEN: My name is Kimberly Polen. I am an Environmental Investigator with Collier County Code Enforcement. CHAIRMAN MERRILL: Sir. MR. CARUTHERS: I am J. C. Caruthers. I am representing I. K. Steuart. CHAIRRAN MERRILL: Thank you, sir. Are you both prepared to proceed this morning? MR. CARUTHERS: Yes. ~. POLEN: (iI~AIK)4AN MERRILL: Code -- Code Enforcement, proceed. M~. POLEN: Okay. Code Enforcement case number ninety-seven twent¥-s~x. Respondent is I. K. Steuart, Trustee. The location of the violatimn is Parcel 84 in Sec%ion 23, Township 50, Range 26. The alleged v~olaCion on the parcel pertains to illegal structures, more s~)ecificalI]f a small home constructed on the property without building permits, occupancy of the home without a certificate of occupancy, and Page 11 September 12, 1997 storage of two travel trailers, an airplane and other items without permits, which are in violation of the Collier County Land Development Code, Ordinance 91-102, Sections 1.56 and 2.76, Paragraphs 1 and 5. The initial investigation was while on patrol on March 15th of 1996. We found the small occupied home placed on a lot with sheds and unlicensed vehicles. We sent a notice of violation out on May 8th of '96. The green card was received May 14th of '96. On June 5th, we reinspected the site and the violation was not corrected. On March 18th of 1997, during our property inspection, we found the house still presently occupied, and an additional air conditioner unit on the front of the structure. I found a broken sewage line and a pile of litter, an abandoned van filled with appliances, debris, vegetation debris, white goods, and construction debris. On June 18th, we notified the owner again of the violation through a notice of violation. The green card was received on June 30th of 1997, and on July 25th of '97, we found the violation to remain, as well as September llth of '97. If I may submit the packet as well as a copy of the photographs as part of the exhibit. CHAIRMAN MERRILL: Mr. Caruthers, is it? HR. CARUTHER$: Right. CHAIRMAN KERRILL: Have you received a copy of this packet and had an opportunity to review it? MS. SULLIVAN: These are the pictures. Do you have any problem with the board looking at these? HR. CAR~S: No. MS. SULLIVAN: Okay. MS. PASSMORE: Mr. Chairman, I did not send Mr. Caruthers a copy of' the packet only because Just in speaking with him, I informed him that the warranty deed was in Mr. I. K. Steuart's name and Mr. Caruthers was Just an involved party, and I did send him a copy of the notice of hearing per his request, but the deed does state Mr. I. K. Steuart, care of Mr. Perc, Incorporated. So I did not send a packet to Mr. Caruthers. HR. CARUT~ERS: And I have copy of this, though. CKAI~ ~ILL: You have a copy of it? MR. CARUT~ERS: Yes. CHAIRMAN MERRILL: Sir, are you an attorney? MR. CARUTHERS: No. CHAIRMAN MERRILL: What is your relationship with the property oMner? MR. CARUTHERS: Part owner of the property. CHAI~ MERRILL: Okay. Are you on any -- is he -- are you on , any deeds that are registered here in the county? MR. CARUTHERS: No, no. ~H~%I~KERRILL: Miss Rawson. M~. ~&I~DN: Well, he doesn't have to be an attorney to represent s~, Ut I need to know Just exactly what the scope of his representatic-% is. If you could tell us that. Do you have anything in writing from Mr. I. K. Steuart requesting that you represent him before this board Page 12 September 12, 1997 today? HR. CARUTHERS: The board has. They have a letter from him saying that I would be handling the -- MS. RAWSON: If we have a letter that authorizes him to be here on behalf of the respondent, I would like for that letter to be introduced into evidence. MS. PASSHORE: Okay. Ha'am, the letter that I received from Mr. I. K. Steuart was directing me or req~esting from me to send any further correspondences to Mr. Caruthers. ~t did not state at any =~ ~ha= he wished for Mr. Caruthers to represent him for this hearing. MS. RAWSON: Well, if is he's not on the deed and we don't have a let=er of authorization saying that he can represent Mr. Steuart, you k~ow, we probably have a problem. MS. POLEN: On December 13th of '96, staff received a letter s~a=ing, the very last paragraph, 'Please direct all communications to Mr. Caruthers first with a copy to this office. Mr. Caruthers will be ac=ioning all directives mandated b~ your office, therefore, this routing will expedite the Trust E compliance. That's the only thing we have in our file. CHAIRH~N KERRILL: I would ask that a couy of that letter be put in the record. MS. PASSHORE: It is also in the packet. CHAI~d~N HERRILL: Is it? MS. PASSldORE: Yes, sir. CHAIRMAN MERRILL: Was Mr. Steuart notified? MS. SULLIVAN: Yes, Hr. Steuart -- the -- the property owner's correctly notified as well of the hearing, and I guess, you know, he has =hosen not to be here, so I feel like staff has appropriately notified the right person. MS. RAWSON: I think probably that letter might suffice. That sentence is pretty inclusive. CHAIRM~N MERRILL: Okay. HR. DeVITO: Do you have a page number on that? MS. PASSMORE: Page 23. MS. RAWSON: This is not the same letter that was read into the record. MS. POLEN: ~o, mine is dated December 13th of '96. MS. RAWSON: I would like to have that one as an exhibit. MS. SULLIVAN: Ye~, that would be staff's Exhibit 2, the packet being staff's Exhibit CHAIKHAN MERRILL: Hr. Caruthers, do you have any objection to ~ha= letter being put into our record? MR. CAR~THERS: No. CHAIRM~N HERRILL: Then without objection, Exhibit 2 is admitted. ~o ~ou have any objection to the packet and the photographs being adorned .~m~o evidence? K~. C-ak~J~S: No. C~AI~M~/~ KERRILL: Then without objection, Exhibit 1 is admitted. Are thero any other exhibits from Code Enforcement that you know of at this Page 13 1 6(]1 September 12, 1997 MS. PASSMORE: No. CHAIKMAN MERRILL: Kr. Caruthers, do you have any questions of Miss Polen? MR. CAR~: No. I don't think that she l>ointed out that the litter mentioned was removed. MS. POLEN'. Yes, that's not -- that was an observation that we ma~e a~d Mr. Caruthers did clean up the site with the litter, and -- es w~11 as the air1>lane has been placed off of a storage status on the ground onto a trailer which is mobile. ~ N~RRILL: Okay. Did you have any other questions of Miss Polen at this ti~e? MR. CAKUT~RS .. No. CHAI~M~N MERRILL: Does any member of the board have any questions of Miss Polen? No? Code Enforcement, do you have any other witnesses? MS. PASS~40RE: No, sir. MS. SULLY: No, sir. CHAIK~AN KERRILL.' ~r. Caruthers, this is your Ol~>rtunity to ~>resent any evidence that you wish to present. You may testify on your behalf or call any witnesses. Do you have any witnesses to call? HR. CARUTHERS: No. CHAIRMAN MERRILL.. Do you wish to testify? MR. CA~~S.. Yes. CHAIRMAN MERRILL: Okay. Go ahead. MR. CAR~S: When we received the complaint, we began working on making all the corrections. There was a lot of litter on the ~>ro~>erty that some ~eo~le a~arently had used it as a dum~ prior to our buying the pro~>erty. We cleaned that up. There's a ~welling on the property that was built, as best we can d,termine, in the late fifties. That has a septic tank, it has ~ower. A~>arently the way the building is built, it must have been permitted at that time, however, there's nothing on record that shows that it was. Now, it's not large enough to conform sizewise to current requirements, so we a~lied or tried to ap~ly to the building d~artment to add to the building so it would comply. At that time I talked to Mr. Perico, and he agreed with what I had brought him. And we took it out front and instead of letting us Just submit, they wanted plans to study ~rior to our submission. The people out front did. Then they informed us that since the building would be on piers, on short piers, they would have to plan for that to be by an engineer. We cosq~lied with that. We took the plans in again and they kept them again for study~ An~ thi~ time they say that since the property is in the name of a trustee, we can't a~ly for the ~ermit as owner/builder. So we're now in t~ ~>~~ -- we have a builder. The addition to the house, the 384 ~eet, The cost is going to be approximately $2,000. However, a~>are~tly, w must have a contractor do the ]ob, and we have arranged for a contractor. And now we have to get the subcontractors' affidavits, a~ we're in the process of doing that. And hopefully Page 14 SeDtember 12, 1997 t~is time the~ will Just let us apply for the permit. ~C~AIKM~21 MERRILL: So you have made attempts to get a permit? MR. CAR~S: Yes. CHAI~]4ARMERRILL: And so far you have been unable to because of one thing or the other that you ~ust talked about? MR. CARUTHERS: Right. CHArRMAN MERRILL: It's your intention to bring the structure up to co~fo~? MR. CAR~1~ERS: Oh, yes, right, right. CHAIKMAN MERRILL: And the other items that were mentioned, ~pecifically, we know about the trash being removed. The two travel trailers? MR. CARXIX~]~RS: Well, there's one there which is being removed, will be removed shortly. CHAI]~4~NMERRILL: And it's being taken care of. Anything else yo~ want to say before I -- MR. ~: No. CHAIKMAN ME~RILL: Any members of the board? Mr. Bradeen. MR. BRADEEN: Does s~bo~ live in that? MR. C~: Pardon me? MR. BRADEEN: Xs there somebody living in this? MR. CARUTHERS: Yes. We can't leave it unoccupied. It would -- there's too many people looking for a place to stay, so we have someone there looking after it. MR. BRADEE21: I mean, is it a tenant in there or what's the status of the property? MR. CARUTHER~: He's not being charged rent~ he's Just staying t~re. -MS. TAYLOR: ~hat about the -- what about the sewage line? Is that still leaking? HR. CARUTHERS: No, that was fixed. MS. TAYLOR: I'm up here. MR. CAR~: Oh, I'm sorry. I couldn't .... ~S. TAYLOR: ~t about the airplane? Who flies this airplane? MR. CARUTHERS: The man that's staying in the house. It's an ultra-light airplane, and he has it on a trailer there. MS. TAYLOR: T~is man is not able to pay rent but he has an aiz~lane? MR. CAR~: It's not that he's not able to pay rent. We asked him to stay there to protect the property. MR. ~RADEEN: ~ anyone else living in the trailers? MR. CARUTHERS: No. MR. BRADEEN: When do you think you will have the package ready to go for a building permit? MR. CARUTHERS: We will have everything -- we had hoped to yesterday. We couldn't get all of the signatures we needed. ~afully the first of this week -- next week we will be applying for r. he ~armit. ~. BRADEEN: And you're applying to make that little shack, I ~uese =woul ~ call it, bigger? MR. CAR~: Right. Page 15 ._ ........... IlL ......... Jl_l.I ....... I ............................. Lll .......................................................... I September 12, 1997 MR. BRADEEN: And then it will be given to a tenant or he will still live there to watch the property? MR. CARUTHERS: Well, when we have that done and it complies, then it will be rented to a tenant. MR. BRADKEN: Is the property a business of some sort? MR. CARIZrHERS: No. MR. BRADEEN: It's strictly a little house with all these things MR. CARUTHERS: An agricultural property. And as I say, the house was built probably 30 years ago. MR. BRADEEN: Could I ask staff if he -- if Mr. Caruthers submits his package the first of next week, when do you feel he would hear if his package is approved? MS. ~ULLIVAN: Well, we were Just discussing that. Normally, I would say 30 days, but because this gentleman is not the owner of the property, it will take him at least two weeks, Theresa tells me, for this process and then we won't have time to get -- make sure we get notice on the property owner before the next board. CHAIRMAN MERRILL: Before we get into the mechanics of it, is there any member of the board that has any further questions regarding the ~estimony of Mr. Caruthers? MS. TAYLOR: I thought he said he was part owner. MS. SULLIVAN: We don't have any verification of that as far as records go. CHAIRMAN MERRILL: Is that a question to Mr. Caruthers? MS. TAYLOR: Yeah, it is. MR. CARUTHERS: The property is owned by a trust and Mr. Steuart is trustee of the trust. 'CHAIRMAN MERRILL: Are you a beneficiary of the trust, sir? MR. CARUTHERS: Right. CHAIRNAN HERRILL: So if the trust were to dispose of the pros)arty or give it to you, it could? MR. CARUTHERS: Right. CHAIRMAN MERRILL: I understand. Any other questions? I am going to close the evidentiary ~ortion of the hearing, then, and at this point in time, I guess -- are there any further arguments or comments that either side want to make? MR. CARUTHERS: No, I would just like to be given enough time to process this. MS. SULLIVAN: The only thing I would remind the board is this is unusual in that it was a patrol case. We don't have any complainant in this I~. CARUTHERS: I'm sorry. There was originally. Mr. Kirby said he wasn't there on a complaint. We never knew who made the complaint or .... ~ MERRILL: Be that as it may. whether it's a complaint or patrol rs~ll¥ doesn't make any difference right now. MR. BR~: Can I ask the staff for clarification on something? Is =he reason 30 days wouldn't work is because a pro,er notification has to be sent ouc and received back? Page 16 MS. SULLIVAN: Yes. We can't guarantee, you know, the notice -- the problem we're having with slow notice and if, you know, there's a trust involved, we're going to have to notify all the beneficiaries of the trust as well. CHAIRMAN MERRILL: Let me see if I can kind of bring this down to a head. You're agreeing that it's not -- it's in violation right now and you're trying to make it conform? MR. CARUTHERS: Yeah. CHAIRMAN MERRILL: Okay. Then do I have a motion as to the findings of fact based u~x~n the evidentiary portion of the hearing that we have Jurisdiction, that the property owners have been properly notified, that it is in violation of the code as set out in the packet with the exce~tions of the litter and the airplane now being taken care of and one travel trailer being removed. Am I correct? And the sewage line fixed? MS. POSEN: The sewage line has been fixed. CHAIRMAN MERRI~J~: So we're Just dealing with the non -- or the lack of CO on the house? MS. PO~;: Correct. CHAIRMAN MERRILL: The house not being a permitted structure and the one travel trailer? MS. POLEN: Correct. CHAI~ MERRILL: Do I have a motion to that effect? MS. POLEN: And did you get a shed? I'm sorry. I asked a shed also is on the property. CHAIRMAN MERRILL: That motion has been moved. Is there a second to that motion? ' 'MR. ~AVINSKI: Second. CHAIRMAN MERRILL: Is there any discussion regarding the findings of fact motion? Hearing none, all those in favor of the findings of fact motion indicate by saying aye. Any (No response. ) CHAIRMAN MERRILL: The findings of fact would indicate, then, that there is a violation, and now we're to the point we need to decide what we're going to do to get it rectified. You're asking for some time to get it done, and I understand you have made attempts to get it done, and it seems to be a new roadblock every time you walk into the building on Horseshoe Drive. Okay. Do you thiruk that it's going to take more than 30 days to get this completed with what their proposal is? MS. PASSMORE: If I may, Mr. Chairman, being that I used to work in ~rmitting and process the permits myself, I did not process the k~q forms like Mr. Caruthers will have to sub, it, but it is a minimal ~l~-~k x~iew process to go over a long form permit. That's just ~/z~tmal, m~ ']~: could take up to three or four weeks for him to even get ap~ro%,al ~! the permit. And it may take him another week or so to come in amd ~,/y the final fees that would be due on the permit. CHAIRMAN MERRILL: Where are you in the process of getting the Page 17 ................. J. ! Sept~ber 12, 1997 permit right now? HR. CARb~I~E~S: We're Just now assembling everything to apply. CHAIRMAN MERRILL: When ~ y~ ~i~ ~ you will ~ rea~ ~. ~~: ~n~y or ~I~ ~I~: O~y. ~d you ~ve lined uD your contractor ~. ~: Right. ~I~ ~I~: -- ~d done what you were info~ed you ne~ to ~ the 1~ t~ you w~t there? ~. ~: Right. ~~ ~I~: ~ you think ~t you c~ have it done in 60 ~. ~~: ~e ~itting? Well, ell I can say is we'll in for a ~I~ ~I~: You will ~ in for a ~it ~fore 30 ~ys, ~. ~~: Oh, yea. ~I~ ~ILL: ~d within 60 ~ys, do you think that we would ~ve ~ ~er ~. ~~: Well, he's stat~ t~t he would ~ rea~ to s~it his ~c~ge ~ ~n~y. Per~Ds the ~ard would like to give a for h~ to ~ve s~itt~ w~t the ~ilding d~ar~ent needs to revi~ it ~ ~en 60 ~I~ ~I~: ~t is Drolly a g~ suggestion, ~t let's ~s~ t~t it's ~ne Fri~y of next week. Sixty ~ys from today's hear~g -- ~. ~~: ~t should ~ sufficient. ' ~I~ ~ILL: -- is still well within a reasonable window? ~. ~L~: Yes, ~c~t t~t I ~uld suggest that it ~ the ~ard ~eti~ after n~t, so i~ ~uld ~ the N~~r meeting coi~ with t~t ra~er ~ saying 60 ~ys. ~I~ ~I~: I ~rat~. Yes, sir. ~. B~~: Is it y~r in=~ti~, ~. Ca~thers, to have -- once the ~it is ob~in~, ~o go right ahead with the const~ction? ~. ~~: Yea. ~. B~: In other wor~, you won't get the pe~it ~d let ~. B~~: ~. ~i~, I ~hi~ ~his d~'t gr~ ove~igh=. ~. ~=~rs s~ like a sincere ~rson ~d I think he is ~ing, ~ I ~i~ ~ should g~ve h~ ~e ~ he ne~ =o do =his. Would a ~=ion ~ ~ order ~o ~ve ~. C~hers s~i~, no l~=e~ ~ a ~ek fr~ ~y, ~ich ~ld ~ S~=~r 19th, ~d his 60 ~ys -- ~ ~o ~he next ~ard -- th~s ~ard ~eting, which is the 14th, I ~. ~~: ~ s~ff ~uld sugges~ is ~ Mr. Ca~thers r~i~ ~u ~i= =o =he ~ildi~ de~r~nt ~he approve, ~d ~ve ~s~ ~ =~ ~r=~ his a~r~al, ~ Nov~r 12~h, =o give s~aff =~ =o ver~ ~e~=hing. ~I~ ~ILL: But let's break ~= d~ for a second. Page 18 September 12, 1997 Mr. Caruthers, will you be able to complete your application by a week frown today? M~. ~: Yes. CHAII~N MERRILL: So if the motion is that you make the at~lication by a week from today, and then you need to have it a~proved and posted on the property by our November meeting which is MS. ~D'~L~:. November 12th. Our meeting is on the 14th, and that woula give us' ti~e to verii~f everything. ~ ME. tILL: November 12th; does ~hat sound satisfactory to MR. ~rn~.~S: That's fine with me as long as we don't run into any ~ore hitches. ~ MER~/I~: I uz~arstand. Is that your ~otion, Mr. Sradeen? MR. ~DEEN: Yes. MS. SULLX%rAN: Mr. Chairman, X would also rec~maend that if he would stipulate to notice today of that next hearing? C~TJ~MP~N MERRILL: What she's askin~ you to do is to agree that you have now been motified that t~ next meetin~ that you would have ~ attend, if you're not in c~liance, would be November the 14th at 8.'30 ~n ~/s very room? CKA~ )iEa~ILU: Do you agree to that? MR. ~: Right. ~ MERRILr,: We have got that stipulation. An~ o~her discussion on Mr. Bradee,'s motion, and did we ge= a second on ~h~t? - *MR. DeYiTO~ I will make a second. CHA~ )maaILL: we do have a second. Do we have a dis=ussion? Any further discussion? No discussion. All those in ~avo= of ~he motion indica=e by saying aye. All (No reoponse. ) CHAIK)OdI MEaflILL: Motion carries unanimously. Thank y~u, sir. MR. OXE,ET= I do have another picayunish ~hing. I think we have some wron~ dates and, you know, I look at ~hsse things. Page six, are ~/Jose dates a/1 accurate where ~ say 1996, °97, and go back I mean, it's L'ylx~ra~hical ~Lu~s, but I think, you know, we need to have a little better .... HR. BRADEKN~ You Man ~he sequence? KR. OXLEY: Yeah. It says June 5~h, '96; July, '97; July, Au~4~s~ and t. ben i~ goes back =o October, '96. You know, it's lust a ~hical thin~. They typed it '97 instead of a '96, I =hink. But ~ is, you know, minor, but at some point in time i~ could be a problmn. CHAIP. MM~ MERRILL: Please ta~e not~. CHAIRMMd MERRILL: Thank you. Page 19 September 12, 1997 New business, Item A, Board of County Commissioners versus Elizabeth Anton Trust, request for im~osition of fines. You're up, Miss Polen. You're not off yet. MS. SULLIVAN: This is another instance where we have not gotten the green card back and we did not go the advertising route because of the expense because it's only an im~osition of fines. Miss Anton speaks to Miss Polen regularly and, I mean, she's -- she's aware of it, but sha hasn't signed the green card. MS. POLEN: I called her twice. CHAIRMAN MERRILL: You're still under oath from the last hearing, Miss Polen. MS. POLEN: Okay. I called her twice to mention to her the meeting was today and she did not return the call. I left messages on an answering machine at her residence. CHAIRMAN MERRILL: I am not comfortable proceeding with an answering machine message. I don't know if anybody else on the board -- Miss Rawson is shaking her head no on holding it. ~R. BRADEEN: Did you speak to her directly at all about the day? ~t~. SULLIVAN: No, that was last time, I think. CHAIRMAN MERRILL: Where is Miss Anton residing? MS. POLEN: In Miami, Florida. CHAIRMAN MERRILL: May I make a suggestion? Why don't you get a process server to serve her? MS. POLEN: Okay. CHAIRMAN MERRILL: They will probably charge you 35 bucks to do it. MS. SULLIVAN: That's not a problem. We Just -- we were hoping we would get the green card back because it was imposition of fines and we knew that she was aware of other things that have been going on. MS. POLEN: On August 5th of '97, I called Mrs. Anton, told her the case has been removed from the August 8th meeting and will not be heard this coming Friday morning. I mentioned a notification will be sen= to her for the upcoming September 12th CEB meeting. CHAIRM~R ~L~RRILL: And we don't have the green card from that notification. MS. SULLIVAN: No, sir. When was that sent, Theresa? MS. PASSMORE: It was sen= out August 29th. MS. SULLIlrAN: So there's been, you know, sufficient time for us to ge= it back. C~AIRMAN MERRILL: Without notice, I have no alternative other than to remove it from the docket. Bring it on when you have got noticm~. Xtem D, Board of County Commissioners versus John R. and Emily ~2;. PASSMORE: Mr. Chairman, at this time we will be requesting to file an ~Affidavi= of compliance. CHA~ ~ILL: Okay. That matter has been closed and is satisfactory? MS. SUL%1~JAN: That's correct. Page 20 September 12, 1997 CHAI~ MERRILL: Very good. Board of County Co~issioners versus Mark Geatches, compliance status reg~rt. MS. PASSMORE: Yes, Mr. Chairman, on the last board meeting that we had here, there was an order given. The -- Mr. Geatches' attorney, I had s~oken with him over the phone and he chose not to appear for the hearing. We did have the order that a permit was to be obtained by this week. No ~ermit has been obtained by Mr. Geatches or any other re~res~ntat ive. CHAIRMAN KERRILL: Can someone with the records reflect, did we address the issue of non-com~)liance in our order? MS. PASSMORE: In the order, Mr. Chairman, I believe they were to obtain a permit by September 10th. If the respondent did not correct ~he violations on or before the 12th day of September, then in that evexlt the respondent is hereby ordered to pay a fine of $50 per day for each and every day any violation described herein continues past said date. CHAIRMAN MERRILL: And as I understand it, by operation of that order, that fine automatically goes into effect. KS. SULLIVAN: That would be our understanding. CHAIRMAN KERRILL: Miss Rawson, is that your understanding? MS. RAWSON: That's correct. CHAIRMAN MERRILL: So there's nothing more for us to do other than thank you for the status re~ort and the fine is going into effect. MS. SULLIVAN: That's correct. We don't have any notice problems on this one. CMAXRF~hN MERRILL: Ail right. Anything else on that? ' ~ovin~; on to Item D, Board of County Commissioners versus Robert ~{. and Greta Dobkin. MS. PASSMORE: Yes, Mr. Chairman. On this, if ! might refresh ~be board's memory a little bit, this is a two-story structure, like a stilt home, that was enclosed in the bottom, and Mr. and Mrs. Dobkin's attorney, ! believe it was Ann Frank, was here. Apparently, according to ~aria Cruz, they have applied for the demolition permit. The tenants are out. Evez~hing is under way according; to the agreement. C;{AX~ ME~RXLL: Okay. Very good, thank you. ! should have asked before, any questions of any member of the ~oazd as to those reports? Anyone want to find out anything else? (;oin~ to old business, you had an item under old business, Miss Sullivan? MS. PASSMORE: Mr. Chairman, at this time I have been informed we. do need to go ahead and file an affidavit of compliance on the Dobkin C~%IRF~_N ~2~RILL: Okay. You will prepare that? I~. ~"~IVAN: Right, and then they will have the other 30 days and we vil~ 2~ing that back on the next meeting. C~A~ ~2~RILL: Okay. You had some old business? MS. SULLIVAN: Old business. ! had come before the board trying to straighte- out these notice provisions and asked that the board Page 21 September 12, 1997 give me permission to go ahead and send certified mail, post, and advertise, do anything ! needed to do at once so I didn't have to come back and keep taking these cases and continue them and taking them off the docket. Jean and the attorney for the north board had discussed the issue and I was informed at the last north board meeting that our ordinance does not allow for posting. It says that we shall notify people by certified mail and then, at the option of the board, you may advertise or whatever, but it doesn't mention posting. So I have put forth a request for legal services to the County Attorney and asked him to amend the ordinance, because the state statute allows for posting and, you know, it's inconsistent and that would solve some problems for us. So that's under way; I hope to get it back by next meeting. MS. RAWSON: That was going to be my report today. You took the words almost completely right out of my mouth. That is correct. I think =hat when the county ordinance was adopted, they missed it. And, you know, the words are all the same except they leave out =hat very important word posting. So hopefully we can get that alleviated so ~hat the staff doesn't have such a problem with notice. CHAIRH~N MERRILL: Anything else on old business? MS. SULLIVAN: No. I would Just say notice has become a lot more complicated than getting compliance in these cases. CHAIRHAN HERRILL: Any reports? Miss Rawson, do you now have a report? MS. RAWSON: No, that was my report. MS. SULLIVAN: Sorry, Miss Rawson. MS. RAWSON: Well, that's okay. As I have told this board before, I try to talk to the attorney from the north board in terms of poli~y and what we do and minutes and rules so that we are always consistent, and so I am glad to know that we are in -- consistent on this one, too. CHAI~M~ MERRILL: Did you say inconsistent? MS. HAWSON: Consistent. CHAIJOL~N MERRILL: Oh, okay. HS. RAWSON: We are consistent. CHAI~HAN HERRILL: Thank you. Anyone else from the board have any con~nents to make? HR. D~VITO: Yeah, on the new business, when we do bring up Miss Anton aga~l or anybody like that, can we have the complete package? I guess -- MS. PASS,ORE: Yeah, I can go ahead -- HR. DeVITO: I had -- I had chicken scratches over here and, you know, and ! Just happened to look at it. And I know we did have a problem wi~h that green -- the green card, and I was trying to figure out what was that problem there. And it was that we couldn't -- we couldn't find her. And at least if I get the whole packet, you know, ~hen I go through it again, I know what we missed. MS. PASS~X~E: Do you man like the entire packet that we would ~11y have ~ubmitted as if we were h~aring it as a new business ca~e? HR. DeVITO: Yeah. Page 22 Septe~:~er 12, 1997 CHAIRMAN MERRILL: Let me make a suggestion. Rather than rec~Tying it for all the members of the board, why don't you have one available? MS. RAWSON= I have always got mine with me, too. I keep them every month. That book is getting fat. MR. DeVITO: There's one other thing I want to ask the counsel. Let's say I wasn't present at the June 13th meeting and we made some decisions, and now I come in today and again this is up on the new business. Can I vote on this, not having prior knowledge? I guess it depends on what the vote is. Fine, on a fine. That's what I was looking at. If you didn't -- I should have knowledge if I'm going to fine Okay. No, if you didn't hear the evidence at all that was presented and now the vote before you is whether or not to fine the lady, you know, if we had an evidentiary hearing and we have already levied the fines, it's Just going to be perfunctory. We're Just going to follow the order, but if there's something that was continued from that case and you didn't hear all of the evidence, no, I think you should probably abstain from the vote. But usually we write the orders in such a way that this Just goes into effect. If you found them not to be in compliance and you have levied the fines, w~ ~ust do it. MR. DeVITO: Yeah, thank you. CHAIRMAN MERRILL: Anything else? MS. TAYLOR: I Just want to say that I am very bothered by Mr. Cadenhead's attitude when he came in here, and like putting us on the s~t~ saying well, you either do this or I will do that. And this bothers me tremendously. I think next time this happens, we need to cut them off right at the knees. MR. BRADEEN: Mr. Chairman, I have problems with Mr. Cadenhead's attitude, also. As I told Mr. Cadenhead, he brought it to this ~oint ~ then he did not want this board to do what it has been authorized to do. So he's not here, ! realize that, but I agree that -- with M~BI Taylor that he has a Itrange attitude to bring before a board. MS. RAWS(~4: That case is an example of when someone -- Miss SaLu~ders is not here; I know she is out of the country. She would have to abstain from the next vote because you closed the evidentiary henxin~, and when we come back, hopefully, he's going to be in c(xr~liance, bad attitude and all. If he complies, that's really our Job. But assuming he's not in com~)liance and you have to vote to make a Ju~u~Gt, that's an example of a case where you would have to absZaiz2 siGce you didn't hear the evidentiary part of it and you can'~ base your vote o~ the record. Ci~%IKMAN KERRILL: I am not going to co~ent on Mr. Cadenhead. I will o~/~ say that he has a right to present his matter any way that he wan~ ~Q. I wanted to make absolutely sure that Mr. Cadenhead und~rstooc~ ~&t what he was saying was not in fact what was happening. This was the 'Earing to determine the violation. He did not object to the violation. He, in fact, admitted the violation, and if he does Page 23 no~ c: .~ ~ a~ ~ n~ ~e~ing, I ~hi~ ~here is ~ o~r~i~~~ ~ c~ld ~ ar~ ~ C~e ~orc~en= ~[, in fac~, we ~ve Closed [~ ~r=i~. ~ere ~s a viola[ion. We should find h~ in violation ~d pr~,':~d I don'= ~hink he's going to like it when -- when the ~~~ is brough~ up [~= he c~ no longer present the evid~ce, as ~ ~ i[, of a ~s~ hearing ~d ~hings. So tha~ ~y ye~ come to ~ss ~ [h~ again i= ~y no=. Ho~fully he ge~s i~ clewed up ~d ~his ~[[er is resolve. ~[hing else? ~. ~~I: I ~ Jus~ wondering here again in [ha~ par~i~lar case, will C~e Enforc~n= -- if he's all,ed ~o keep [hose refurbishing b~es [here, i~ jus~ smells =o me like [his probl~ is going [o s~ar[ again ~d again and again. Will your office ~ ~ching =~[? ~. ~~: ~is problem will pro~ly ~ ongoing ~cause of ~he ns=ute of wha= he's doing. We're going to have to monitor i~ for li=~er. ~ere are also, X will.=ell you n~, in ~he course of inves=iga=ing =his, we f~d several pro~r=ies close ~ =~= we will ~ve ~o a~ess n~ wi=h =he s~e probl~. I='s ~ ongoing probl~. ~ i='s like ~. Cade~ead alluded ~o, w~'s litter ~d wha='s Bu~ e[aff's ~sition in =his case was he did no= ~ke a defense i~ wean'= li==er and, you ~, we =rea~ed ic as such. ~I~ ~IL~: 0~7. ~. O~: As the pictures show, he does have a d~ster ~here n~, ~d I asses he's going [o use a d~s~er. It's a large d~ster so i~ should ~ake care of che probl~. ~. ~b~: You ~, al~s= a h~ed percen= of =he cases we ~ve'wi~h lib=er on cons=~c~ion si~es, =h~ ~ve a d~s=er, usually within a f~ fee=. ~. 0~: I='s =he ~rkers' fault, no~ '=he individual =ha~ o~s ir. ~I~ ~ILL: ~ we need wider d~s=ers or what? ~y[hing else? ' Ail rJghc. Hearing no=hing else, our nexC meeting dace is OcLo~r fha 10ih, 1997. ~is meeting is adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:33 a.m. COLLIER COUNTY CODE ENFORCEMENT BOARD - SOUTH TRANSCRIPT I"%EPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY DEBRA J. De. LAP, NOTARY PUBLIC. · Page 24 ~ October 10, 1997 coo~ ~o~c~ ~ - so~ ~0~ 1 ? ~ Me= on ~is ~=e a= 8:35 a.m. in a ~ SESSION in Building of =he G~e~n= C~lex, ~s= Naples, Florida, wi=h the foll~ng members l~resent: ALSO PRESENT Rand~ E. Merrill Guy Adams Diane Taylor Lynn Bradeen Maurice DeVito James bavinski Lewis Oxle¥ Robert Lockhar: Jean Rawson, At=orney for the Board Maria Cruz, Code Enforcemen= Specialist L£nda Sull£van, Code Enforcement Director Const~ttn~ J I'o: Page I COOE LrNFORCE~ BOARD OF' COLLIEI~ COUIqTY. FLORZDA Dar. e~ October 10, 1~? a~ 1~30 o.clock Loca~ion: Collier County Oovernment Cen~er, Adam. ~ldg, ~d Floor 3. 4. APPROVe. OP' M'fIIUTF.3 Septee,bef 12. 1~? A. ICC vi. Jose LuLJ and L~c~I& Cacece ' Request lot i~osLc&on o! I. ICC vi. ~rk O. ~acchel C. ~ vi, ~lizabe~h ~c~. Tr. ~e~sc ~or L~s~cion of ~&nel g. KC v~. Ro~rt H. a~ Greta ~bk/n Ylli~ of Af~i~Y/C of C~liance Z. BCC vi. Start J. and ~n~ Ra~d ~ ~ili~ of A~li~viC of C~liance Noveed~er 14. 1~97 CZB No. 97-002 CEB No. 97-017 CZB No. 97-013 CEB No. 97-0II CEB No. 97-014 October 10, 1997 CHAIRMAN MERRILL: At this time, I' 11 call the meeting of the Collier County Code Enforcement Board South to order at 8:35. Start with a roll call. Lynn Bradeen. MR. BRADEEN: Here. CHAIRMAN KERRILL: James Lavinski. MR. LAVINSKI: Here. Rhona Saunders is excused. CKAIRMAN ML:~RILL: MR. ADAMS: Here. CHAIRMAN KE~RILL: KR. DeVITO: Here. CHAI~MERRILL: MS. TAYLOR: Here. CKAIRMAN MERP. ILL: (NO response). CHAIRMARKERRILL: KR. OXLEY: Here. CHAI~N KERRILL: Maurice DeVito. Diane Taylor. Robert Lockhart. Lewis Oxley. Randy Merrill is here. We have a quorum. Do X have approval of the agenda? MR. BRADEEN: So moved. MR. LAVINSKI: Second. CHAIRMAN M~RRILL: Any discussion? by saying aye. MS. CRUZ: Excuse me -- All those in favor, indicate CHAIRMAN KERRILL: Any opposed? MS. CRUZ: -- Mr. Chairman, for the record, my name is Maria Cruz% code enforcement specialist. There is an addition to the agenda. CHAIRMAN MERRILL: All right. Under which category? MS. CRUZ: Under Item 7, reports. CHAIRMAN MERRILL: Okay. MS. CRUZ: Staff would like to add an item regarding the status r~ort on the old code enforcement cases. CHAIRMAR MERRILL: All righ%. With that addition, is there approval? Motion to approve? MR. LAVINSKI: Yes. CHAIRMAN MERRILL: All those in favor, indicate by saying aye. Any o~posed? (No response). CHAIRMAN MERRILL: Approval of minutes, September 12, 1997, do we have a motion to approve the minutes? MR. BRADEEN: $o moved. CHAIRKAN~]~'RRILL: A second? MR. DeVITO: I'll second. CHAIR)_'~MERRILL: Any discussion or additions or corrections? rearing none, all those in favor, indicate by saying aye. Any opposed? Page 2 October 10, 1997 (No response). CHAIRF~N MERRILL: We have no public hearings. We move right into new business. Item A, Board of Collier County Commissioners versus Jose Luis and Lucila Carafe, request for imposition of fines. Staff. ~S. CRUZ: Yes, Mr. Chairma~, ~his case came before the board on May 9th, 1997, and the board found Mr. Jose Luis and Lucila Catete in violation and ordered the respondent to take certain corrective action by August -- by August -- I'm sorry -- by July 8th. There were two re-inspections conducted. One was done on August 18th. The other one was done on October 9th. Both revealed that the violation is still existing. At this time, staff would request that an imposition of fine be filed. In addition to that, the order stated that a fine of $50 per day be imposed for every day that the violation continued. At this time, we have a total of 93 days, and that adds up to $5,118. That includes the county costs that the county took action to correct the violation. CHAIP~4AN MERRILL: Okay. I noticed that in our packet, you've given us an affidavit of noncompliance which has been sworn to dated the 22nd of August and also a notice of hearing dated August 29th, 1997, and that indicates to the Catetes. Do you have any indication that they received the notice? MS. CRUZ: We advertised the notice, posted the notice. OAlso, there was a relative that came into our office, and we served them with a cop~ of the notice. The individual -- the respondent, from what we hear, they are out of the country, and the relative informed us that they were going to contact the respondent and advise them of the violation. CHAIP,~J~{ KERRXLL: Ms. Rawson, is that sufficient notice for this? MS. RAW$ON: If they gave it to them personally -- if you personally handed it to a relative who accepted it, I think that's probably good notice. MS. CRUZ: And we did. CHAIRMAN HEP~ILL: Is anyone here on behalf of the Catetes? HS. CRUZ: No, sir. CHAIRMA/q KERRILL: Well, let the record reflect that there are no members of th~ public present. Do I have a motion regarding the proposed order imposing the fine or lien? MR. BRADEEN: Mr. Chairman, I move that we impose the fine as recommended by staff. CHAIRI~AN MERRILL: Do I have a second to that motion? MR. LAVINSKI: I'll second it. CHAIRMAN MERRILL: Is there any discussion on that motion? Hearing no discussion, I'll call the question. All those in favor of the motion, indicate by saying aye. Any opposed? (No response). Page 3 October 10, 1997 CHAIRKANKERRILL: Motion carries. The next case is Board of County Commissioners versus Mark Geatches, request for imposition of fines. MS. RAWSON: Can I ask one question? Could you tell me what that fine is again? CHAI~ KERRILL: The packet, it's $50 a day. There's a proposed motion or order in the packet. MS. RAWSON: The total. MS. CRUZ: The total is 93 days times $50 equals 4,650 plus 375 that the county ~aid to abate the violation, county costs. CHAI~ KERRILL: Excuse me. How much did you say the total was? MS. CRUZ: A total of $5,118. CD{AIRMAN KERRILL: I thought you said 40,000. Okay. Moving to the next case of Mark Geatches. Staff. MS. CRUZ: Yes, sir. Mark Geatches, Case Number 97-017, this case came before the board on August 8th, 1997, and again, the board issued an order stating that Mr. Geatches is to take certain corrective action by obtain£ng a building ~ermit. We have a record that reflects that Mr. Geatches, as of yesterday, has not taken any corrective action. At this time, I'd like Investigator Passmore to speak to the board. I believe she has some information that -- regarding this case'MS. PASSMORE: Good morning. For the record, I'm Teresa }Passmore, code enforcement investigator. The reason why I'm here this morning is on behalf as -- Mr. Geatches, being a friend. We were schoolmates together. 'MS. CRUZ: Excuse me, Mr. chairman, we need her sworn in. CHAIRMAN ~ERRILL: That's fine. (Ms. Passmore was sworn]. MS. PASSMORE: As I said, I am a schoolmate of Mr. Geatches, and he did ask me if I could just simply relay information to the board for it to be put on the record before we actually go through filing the imposition of fines. Mr. Geatches first wants to apologize for his nonappearance at the last board meeting and, again, for today. The first board meeting, he was under the impression that his attorney had taken care of the situation being that he was represented by an attorney. He found out the attorney did not, and this morning, he apologizes again. Me is self-~lcyed, lawn maintenance business. He said it would create a great hardship on him if he were to lose an entire day's work to come down here. Apparently, he has been going to court with several attorneys over a disagreement of ownership of the property. He had an, I guess agreement for contract with a Patricia Ferguson. He was going under the advis~ment of two other attorneys, that he has told me, that told him that that was, in the State of Florida, a legal mortgage deed, but then, again, he turned around and told me that he was receiving payments from Ms. Fergeson and he was, again, turning around and Page 4 October 10, 1997 making the payments to the bank. k~atever reasoning, I don't u~derstand where all that was coming from in the court. He has since gotten two additional attorneys who had advised him to go forward with a foreclosure against Ms. Ferguson to regain control of the property. Re went to court over -- the first time, and after he had filed the legal documents to go forward in court, an additional party was introduced into court that day. She apparently had a quitclaim deed over to a Mr. Douglas Carter who is a neighbor. Mark has stated to me that he was unaware of any of the changes that were made to the home other than information from us going through his attorneys. He has gone under the advisement of his last attorney that this has already cost him over $14,000 going through court procedures and so forth. He has given up. Apparently, the house is in foreclosure. Bank America will be, apparently, filing the court procedures by the end of this month. So, he asked that I pass this information on to the board before the impose of fines. CHAIRMAN KERRILL: So, he expects the fines to be imposed today? MS. PA$SMORE: Yes, he does. He's fully aware. He understands our situation, but he did ask if I -- he Just wanted it on record as to, you know, why his nonappearance has occurred and so forth. CHAIRMAN MERRILL: Very good. It's on the record. Any questions of Ms. Passmore? ~. BRADEEN: Whose name is registered -- or at the clerk's office, who is shown at the clerk's office as the owner of the property? MS. PASSMORE: Mr. Geatches originally has a mortgage deed from, I believe, from a Ms. Hammond -- originally purchased the property from a Ms. Hanu~ond. He had a contract for deed with a Patricia Ferguson. There was no document filed that she had fulfilled that contract with him. So, again, after he filed the procedures to go forward and take possession of the property back, she had signed a quitclaim deed to the next door neighbor. So, then there was a third party involved, and the judge, apparently, had dismissed the case pending another court case with the third party involved. He's completely given up with funds. He has no funds to file any documents any further in court, but he is the owner of record, and the bank, apparently, does not recognize the contract for deed to go after M~. Ferguson either. CHAIRMAN MERRILL: Any other questions? MS. TAYLOR: If -- if this were not a friend, how would you look at this? MS. PASS~,ORE: Well, he is shown as the record -- on the records as the property owner. I would be requesting the imposition of fines whether I would be a friend or a coworker. Like I said, we were schoolmates, in bands together, and he had Just asked if I could do this, and 1 told him I would do this only because he was a friend on the record. Page October 10, 1997 MR. PeVITO: What does it cost to get the building permits? MS. PASSMORE: I don't know if there was any electrical work done on the interior of that garage or not. There was structural changes. I kn~w that there was a door and a window that was put in. Probably less than $100 for the permit. (Robert bockhart is now attending the meeting). CHAIRMAN MERRILL: Any other questions? I have some -- I notice in our packet that there's a notice of hearing for today's date. Has that been served on Mr. Geatches? MS. CRUZ: Yes, sir. CHAIRMAN MERRILL: How was that served? MS. CRUZ: Certified mail. CHAIRMAN KERAILL: Do you have the return receipt? MS. CRUZ: Yes, sir. CHAI~ MERRILL: Could you put that into the record, please? MS. CRUZ: I sure can. At this time, I request that the certified receipt be marked Exhibit A, Case Number 97 -- I'm sorry, Exhibit C, Case Number 97-017. The reason I'm marking it Exhibit C is because Exhibits A and B were the -- CHAIP/~AN MERRILL: The notice and affidavit? MS. CRUZ: The first packet when the public hearing was heard, and it still has the case number. CHAIRMAN MERRILL: That's fine. Any objection to the marking and admission of that exhibit? Hearing none, it's admitted. Okay. So, he's noticed for this hearing. There's been an affidavit of noncompliance filed as of September 17th, 1997. 'Staff, are you asking us to impose the fines that we found as a conclusion of law and order of the board back on the 15th of August, 1997; that is the amount of $50 per day? MS. CRUZ: That's correct. CHAIRMAN MERRILL: Do I have a motion to that effect? MR. BRADEEN: Mr. Chairman, I move that we impose the fine as recommended by staff. CKAIRF,~N MERRILL: Is there a second? MS. TAYLOR: I'll second that. CHAIRMAN MERRILL: Is there any discussion? Did you have something to add? MS. SULLIVAN: The total for Ms. Rawson. CHAIRMAN MERRILL: We'll get you a total in a second. MS. RAWSON: I'd like to have a total. MS. CRUZ: We have a total of 29 days times $50. up to $1,450. CHAIRMAN MERRILL: Now, the -- MS. RAWSON: Costs? MS. CRUZ: One thousand -- no costs. C~ MERRILL: It's been moved and seconded. discussion -n the motion? The total comes Is there any Hearing none, all those in favor of the motion, indicate by Page 6 16G1 October 10, 1997 saying aye. Any opposed? (No response). CHAIKKARKERRILL: Motion carries. The next case is Board of County Commissioners versus Elizabeth An=on Trust, CEB Number 97-013. Staff. MS. CRUZ: Yes, sir. This case was heard by this board on June 13th, 1997. Again, the board issued an order requesting Mrs. An=on, the respondent, to take certain corrective action regarding the viola=ions of Collier County Land Development Code. 91-102, Section 1.56 and Sec=ion 2.1.15. Respondent was to take certain corrective action by July 11th. If the violation was not to be -- was not corrected, then $100 be imposed per day for every day the violation continued. At this time, staff has =we affidavits of noncompliance, one dated October 9th, and the other one is dated August 21st. These affi~avits reflect that the violation still remains. CHAIRMARMERRILL: Could you mark those as Exhibits A and B, please or -- MS. CRUZ: Yes, sir. CHAIRF~N KERRILL: -- wherever we are in the exhibit list. MS. CKUZ: I request =hat these two affidavits of noncompliance be marked as Com~osite Exhibit B. CHAIRMAN KEKRILL: That's fine. Is =here also -- is there also a notice of a hearing in this case? MS. CRUZ: Yes, sir. CHAIRMAN MERRILL: And how was that served? 'MS. CRUZ: Certified mail and Dosting. CHAIRMAN MERRILL: Could you mark the receipt for certified mail? Was it received, signed for? MS. CRUZ: Yes, sir. CHAIrmAN MERRILL: Could you mark that as =he next exhibit? MS. CRUZ: Actually, I can mark it combined with the -- CKAIRMARF~RILL: C~osite B. MS. CRUZ: -- Com~osite B as one of those pages. ~tAIRMAR MERRILL: That's fine. Are you moving that exhibit at this time? MS. CRUZ: Yes, sir. CHAIRMAN MERRILL: Any objection to the receipt of Exhibit B Composite at this time? Hearing none, that will be received as evidence. So, we have a notice of a hearing for today's date that was served. We have an -- two affidavits of compliance (sic), and they are no= in comDliance with our order dated the 24th of June, correct, and you're asking for the imposition of fines as set out in that order? 9~S. CRUZ: That's correct. CHA~'N MERRILL: Do I have a motion to that effect? MR. LAVINSKI: I'll move that the fines be implemented as Page 7 October 10, 1997 required. MR. BRADEEN: I'll second it. CHAIRMAN~ILL: We have a motion and seconded that the fines ~.hat were ordered in the amount of $100 per day back on the 24th of June be assessed. Is there any discussion on the motion? Hearing no discussion, I'll call the question. All those in favor of the motion, indicate by saying aye. All those Ol;~)osed? (No res~nse). CaAI~~ILL: The motion carries. The next case is -- I~S. RAWSON: Could I have those totals? MS. CAUZ: Yes, ma'am. We have a total of 90 days, a total of $9,000 be iu~osed. MS. RAWSO~: No costs? MS. C]IUZ: No costs~ MS. RAWSON: Thank you. CHAIE}~N KE~RILL: Board of County Commissioners versus Greta. excuse me, Robert H. and Greta Dobkin. Staff. MS. CRUZ: Staff has an affidavit of compliance to be filed at this time. This board -- this case came before this board on August 8th, and the board found the respondent in violation and ordered the respondent to take certain corrective actions. We have this affidavit reflecting that a reinspection was ,~,¢or~ucted on September 11th, 1997 and revealing chac the corrective ~actio, s were taken. CHAIRNAN KERRILL: They were taken? MS. CRUZ: Yes, sir. 'C~AIRMAN MERRILL: So, this case is closed? MS. CRUZ: Yes, sir. CHAI~ MERRILL: Any guestions of staff regarding the Dobkin matter? Case closed. Next case is Board of County Co~nissioners versus Stuart J Raymond and Nancy Raymond, Tom V. Williams and Ellen B. Williams. Staff. MS. CROZc Yes. This case is Case Number 97-014, and it appeared before this board on July 14th, '97, and the board held a public hearing and issued its order in this case, ordered the respondent to take certain corrective action on or before September 22nd, 1997. There was a reinspection done on September 29th revealing that the corrective actions were taken. CHAIRMAN MERRILL: Very good. Any questions of staff from the board? So, chis matter is also clo~ed. MS. CRUZ: Yes, sir. CHAII~RHKR~ILL: That concludes our new business. Any o1~ business? No business from anyone on the board or staff? MS. CPa~ No business from staff. CHAI~ KERRILL: Move into reports; staff, do you have a report Page 8 1/)Gl October 10, 1997 on status? I~S. SULLIVAN: I am pleased to announce that we have cleared up all the cases that were waiting for me when I got here and all our ~as= cases. We're even. CHAIP.~D~N ~EKRILL: Very good. Any other further reports? With that report, let me ask you, at this moment, do we have any necessity of having the November 14th meeting if we have no business to conduct? MS. CRUZ: We may have one case. CKAI~ ~RRILL: Very good. We'll leave it on for November 14th. If we do not have the case, please notify the board that -- KS. CRUZ: We'll do that. CHAIRI4AN KERRILL: -- there is no business. KS. SULLIVAN: If there's -- yeah, if there's compliance, we'll try to get notice to everybody in plenty of time. CHAIRMAN MERRILL: Okay. Great. No sense in wasting taxpayers' money if we don't have to have any business. Any other reports? KS. RAWSON: i have one. CHAIRPIAN M]gRRILL: Yes. MS. RAWSON: As you know, I always check with the north board to be sure that we all are doing the same thing consistently, and I talked to Mr. Yovanovich about the procedure they use with their alternate votes. We have two alternates, as you know. One is absent today. This is a seven person board. It takes four of you to constitute a quorum. Today, we have one alternate absent, and of course, Ms. Saunders is still out of the country. 'CHAIRMAN MERRILL: He came in late. He's here now. KS. RAWSON: Oh, I'm sorry. CHAIRF~.N MERRILL: Let the record reflect that he's here. MS. RAW$ON: I'm sorry. I've been looking somewhere else. At any rate, all of the -- all of you don't need to vote is what I'm saying. We only need seven persons to vote, and I'm looking back at your organizational minutes of your meeting of March 14th, and it appears that the alternates are in the following order; Lewis P. Oxley, Robert K. Lockhart. So, I would say if any one of the seven are absent, then Mr. Oxley votes. If two of the seven are absent, then Mr. Lockhart votes. If all seven of you are here, the alternates really don't need to vote. I mean, we want you to stay here and listen in case somebody falls out of their chair, but we only need seven people to vote. CHAIR14AN KERRILL: Let me ask this question then. If we have a si~ua=ion where the seven non-alternate members, let's say ore has to, for whatever reason, abstain from voting, maybe there's a conflict, we've got a six/six tie, do the alternates vote? MS. RAt. SON: That's a good question. If somebody has a conflict, what I think you should -- OCHAIRMAN MERRILL: Or let me also phrase it one other way. Let's Page 9 October 10, 1997 assume we have -- since we have two alternates, let's assume, again, we have a conflict and we have a situation where the remaining six vote four/two, do the alternates -- if the alternates vote on the side of the two, we now have -- do we have four/four? So, it's sort of a companion question to that. MS. RAWSON: Oh, I can see this is going to get very confusing. Let me -- let me say this about conflicts. We haven't had one yet since I've been here, since you've been here. If you have a conflict of interest, you need to say that on the record immediately as soon as the case is called, say what the conflict is and excuse yourself from the discussion, I mean, just leave the room, and then we'll call you back when your case is over so that you don't sit here and influence anybody during the proceedings, and that's happened over the years that I've been serving on this board, too. I mean, it happens. So then, you Just excuse yourself and come back for the next case. In that case, the alternate participates in the discussion and in the vote. Now, what happens if all seven are here and -- well, you couldn't have a four/three tie, so there won't be a tie if all seven of you are here. So, if one is absent, then the first alternate is one of the voters. If two are absent, then you have -- still have seven. I think, you know, you need to have seven people voting. The problem we are going to have is if we are down to only six people here total and you have a three/three tie. MR. BRADEEN: Does the chair vote in a tie or only in a tie? MS. RAWSON: The chair always votes. MR. BRAD£EN: The chair always votes. 'MS. RAW$ON: Did we Duc something in our rules about ties? I don't think so. I don't know. Let's don't have that situation. CHAIRMAn! MERRILL: We have an odd -- we have an odd number of people on the -- MS. RAWSON: That's why we have seven. CHAIP, MAN M~RRILL: No pun intended. We have an odd number of ~eople on the board, so -- MS. RAWSON: That's why we have seven so this won't happen -- CHAIP44AR MERRILL: -- as long as we don't have a conflict -- MS. RAWSON: -- and the reason -- CHAIP. MAR M~RRILL: -- in =heir absence. MS. RAWSON: -- and the reason we have two alternates is because this happened all the time before, that we were in a situation where we either didn't have enough people here to vote or we had some ties. So, that's why we have two alternates, and that's why nine of you are here, so we won't have this problem. You know, all I can say is I'll research it. I'll discuss it with the county attorney and the attorney from the other board, and we'll come _p with a plan that we all think is feasible that we all do th~ sa~m~ wmy in case that situation should occur, but again, we were hop£ng that that would not occur. That's why there's seven of you and owe have two alternates. Page 10 October 10, 1997 At any rate, back -- back to what I was going to say. Mr. Oxley votes if there's only six of you here. Mr. Lockhart votes if there are -- or if Mr. Oxley is not here, Mr. Lockhart votes so that we have seven voters all the time. CHAIRMAN MERRILL: I understand. If you'll get back to us on that information -- MS. RAWSON: I certainly will. CHAIRMAN MERRILL: -- and if any member of the board has any question, they can contact you directly at your office. MS. RAWSON: Well, sure, anytime, or if you have anything else you want me to be researching for you, Just let me know. CHAIRMAN HERRILL: Why don't you give your phone number so everybody has it? MS. RAWSON: 263 -- 263-8357. CHAIRMAN MERRILL: Like me, you don't call yourself much. MS. RAWSON: Well, actually I do. I call my office all the time because I'm never there, and I shouldn't say this on the record, but my home phone number is in the book also. CHAIPJ/AN MERRILL: Well, they can stop after the meeting and get your home phone number if they need it. There's a question down here at this end. MR. OXLEY: Yes, as an alternate, if all seven members are here, can I still express an opinion? CHAIRMAN KERRILL: I believe you still participate in everything except for the vote. ~S. RAWSON: Right. CHAIRMAN HERRILL: Yes. 'HR. BRADEEN: And Mr. Chairman, I will definitely not be here on November 14th. I will be out of the country. CHAIRMAN MERRILL: So, please let that be reflected as an excused absence for November 14th. I believe Ms. Saunders will be back at that time. Any other reports, anything else, Ms. Rawson? MS. RAWSON: That's all I have. This is record time, I might add. CHAIRMAN MERRILL: Anything else from anyone else? I'll take a motion to adjourn. MR. BRADEEN: So moved. CHAIRMAN MERRILL: It's moved. Any objection? We are adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:00 a.m. CODE ENFORCEh]~NT BOARD Page 11 October 10, ~%.N~PT pREPARED ON BEHALF OF GREGORY COU~T REPORTING BY: Dawn Breehne Page 12 1997 Phone (941} 403-2330 FAX (941) 403-2331 HOUSING AND URBAN IMPROVEME I ECEIVED NOV 13 1997 MEMORANDUM DATE: TO: FROM: SUB.CT: November 12, 1997 Suc Filson. Administrative Assistant Board of County Commissioners loanne Dalb~ Planning Technician '- "~(/~'' '""-'"' Minutes of the Affor~le Housing Commission Meetings Enclogd ~ thc approved minutes of thc following meetings of the Affordable Housing December 12, 1996 - approved minute~ enclosed January 27, 1997 - approved minutes enclosed February 1997 - no meeting held this month March I 7, 1997. ,q:q~:wed minutes enclosed April 21, 1997 - there was not a quorum present May 19, 1997 - approved minutes enclosed June 16, 1997 - there was not a quorum present No meetings were held in the months of July and August September ! 5, 1997 - there was not a quorum present If you have any questions regarding thc attached, please call mc. /id Greg Mihalic, D/rector of Housing and Urban Improvement Misc. Corr~.~ Copies To: AFFORDABLE ilOUSINC COMMISSION AFFORDABLE IlOU$ING ADVISORY COMMITTEE COLLIER COUNTY DEVELOPMENT SERVICES BUILDING 2~00 NORTH IIORSESIIOE DRIVE - CONFERENCE ROOM DECEMBER 12, 1996 MINUTF, S SPECIAL MEETING ROLL CALl. . ABSENT PRESENT Vanes,sa Fitz X loan Gus~ X lane Honon' X Mark Lindner X Bruce Mumm X Dwight O~kl~ X Mark Alom Smith X Fred Thomm, Jr. X Jack Williams X StaffPrcsent: Grcg Mihalic, June Goodwin, Susan Golden, Joannc Dalbcy Othcr$ Present: AL~ Codi MINt/rF~ The meeting was called to order by thc Chairman Mark Smith at 4:30 p.m. There was a quorum prcacnt. Bruce Mumm made a motion that the minutes of the November 19 meeting be approved. Motion ~ ~conded and approved. Susan Golden gave a report on thc City Planning Advisory Board meeting held on November 21. Discussion followed. Thc member~ip agre~l that it wu a good idea to change thc meeting date to Monday morning. Fred made a motion that thc meetings be changed to the third Monday of each month at 8:00 a.m., Bruce seconded, thc vote wu unanimous. Since thc third Monday in January is a holiday it was agreed to hold thc meeting on Monday, January 27 at 8:00 a.m. Grcg stated there will be an affordable housing project going before thc next Planning Commission meeting if anyone wishes to attend. It was agreed that criteria for reviewing affordable housing developments should be established. This subject will be discussed at the January meeting, Greg will bring copies of summary, site plan and pertinent pages from the Density Bonus Agreement. New Commission Mc-mba', Jack Williams, was introduced. Greg stated that Mayor Bill Barnett has written a letter to the Collier County Board of County Commissioners expressing his concern over the lack ora quorum at the AHC meetings this past year. Greg said he, [Greg], had respond~ to the correspondence stating that new commissioners had been appointed to thc AHC and things are being worked out. Mark Lindner advised that on Tuesday a workshop meeting will be held in Miami by thc Florida Housing Finance Agency regarding SAIL, Tax Credits, etc. Susan asked if there were other things the commission wished to address in thc coming meetings, in addition to the goals for 1997. Chainmm, Mark Smith stated he feels that with the projects the commission i$ already undertaking he does not recommend thinking about anything else at this time. There being no further business, the meeting adjourned at 5:45. · 1 6G1 AFFORDABLE IIOUSING COMMISSION AFFORDABLE iiOUSING ADVISORY COMMITTEE COI.I.IER COUNTY DEVELOPMENT SERVICT. S BUILDING 2500 NORTIi liORSESilOE DRIVE - CONFERENCE ROOM "G" JANUARY 27, 1997 MINUTES ROI.L CAI.I. ABSENT PRESENT Vanessa Fitz Joan Gust Jane Horton' Mark LiMner Bruce Mumm D~t Oakl~/ Mark Atom Smith Fred Thomas, Jr. Jack Williams X X X X X X X X X Staff Present: Grcg Mihalic, June Goodwin, Susan Golden, Joannc Dalbey The meeting was called Io order by Chairman Mark Smith at 8:!0 a.m. Joan Gust made a molion that the minutes of the December meeting be approved, Bruce Mumm seconded. The motion pas~xl by unan~ vole, Susan Golden presented an up<late on the Joint llousing Elernent. Chairman Mark Smith asked Grcg to lalk about the Density Borms Agreement. Copies of thc alp'cement were handed out. Grcg explained how bonus density is acquired. Lengthy discussion followed regarding establishing a criteria for the rotiew pro~. ~ stated he would bring files, plan~, etc. for the commission to review if'tho/choose this ct'itc'da, and could even have the developer pre. sent al a meeting. The question was present~ that this might cause one more hurdle and additional delays for thc developer. Discussion continued. Susan suggested thai it might be good if the commission would take a look at othcr communities and counties and find out what thoy arc doing in their area. The Chairman asked each member to express whether thcy feel the commission should continue to look at establishing criteria for review proc¢~. Mark Lindner made a motion that the commission continue to work at establishing criteria for thc review process, the motion was s{x',onded · ,'id passed by unanimous vote. 1 6Gl Bruce Mumm talked about the riced for residential lots for single Family homcs. Bruce askcd for time on thc agenda m~ the ncxt meeting to di$cu~ this further. Grog stated that thc ncw income limits havc been rclcascd. Housing and Urban Improvcmcnt will bc shifting thc down paymcnt/closing cost u~tancc program and thc rchab program to very Iow income familie~ only. Thc impact fcc will rcmain the samc. Grog said a lcttcr will bc going out this weck to all mortgage holders annotmcin~ thc change. Thgre being no further business, thc rnccting adjourned at 9:1 $ a.m. 16 1 AFFORDABLE HOUSING COMMISSION AFFORDABLg HOUSING ADVISORY COMMITTEE COLLIER COUNTY DEVELOPMENT SERVICES BUILDING 2800 NORTH HORSESHOE DRIVe., - CONFERENCE ROOM "G' March 1'7, 199'/MINUTES ROI.I. CALL ABSENT PRESENT Vaneasa Fitz X Joan Gust X Jane Horton' X Milk Lindner X Bruce Mumm X Dwight Oakley x Mark Atom Smith X Fred Thomas, Jr. X Jack Williams X StaffP~t: Grcg Mihahc. June Goodwin, Susan Golden, Joanne Dalbcy The met'ting was called to order at 8:10 a.m. by Chairman Mark Smith. There was a quorum present. The minutes of the Januao' 27 meeting were approved. The Chairman asked for a report on the Housing Element upcoming hearings. June Goodwin s~ated that she and C, reg Mihalic will be going before fl~¢ Planning Cornmisaion on Thursday morning. Man:h 20 at 8:30 in the BCC board room, and would like to have as many members attend as possible. They will also be going before the Board of County Commissioners on April 22 at 9:00. Upon r~uest Or:g stated they do not anticipate any problems with the Planning Commission. Bruce Mumm slated hc was not ready to talk about his single family homes item and would continue it until a lat~ meeting. The Chairman gated thc commission has talked about establishing criteria for reviewing affordable housing projects. Greg remarked there have been nine affordable housing development~ that went to the State for bond allocations on February 14. approximately S145 millions in projects for Collier County. Them projects were not approved and were put at thc end of the lis. for all projects in the state. Greg said he heard two different reasons this was done. I) we have so many affordable housing developments the state is not going to assist tts with · 16 1 more, and 2) because wc have such a negative citizen and political reaction we do not dcsc~'e it. Grog stated the truth is probably somewhere in between the two. Discussion followed regarding what action ss, ill bc taken by the developers of these nine projects and the location of developments that are ranked high on the list. Grcg stated that the commission may want to put a hold on analyzing projects since there are nine developments that are not going forward. June Goodwin reported she has been working with £DC on two community concerns, one of which is the Section 8 federal housing program. Many of the Section 8 vouchers, or certificates, are coming up for renewal. As they expire they arc no longer being renewed for the longer terms, now thc), arc only being renewed for one year. There are two project based Section 8 developments in Collier County. Goodlette Arms for the elderly with 250 persons in thc County, and River Park East with 96 families in the City. Susan Golden and Fred Thomas explained the HUD voucher and certificate process. Discussion followed regarding the problems that will be forthcoming if renewed certificates arc not issued. The EDC committee feels we should be more on top of the IIUD regulations and monitor HUD actions more closely. Another issue being pursued by rig EDC committee is the bonds and tax credits previously discussed by Greg. The committee is proposing that we need to have a member on the Florida Housing Finance Agency Board and they are taking the necessary steps to get a resident of Collier County on that Board to look after thc interests of the County. Discussion followed. Vanessa reponed on thc 501C3. Community l lousing Partnerships of Collicr County. Their mission is stnctly afl'ordable housing for any population. Vanessa said she was able to get the 501C3 through the generosity of the David Lawrence Center. Their goal is to take the not-for- profit affordable housing and eventually have it stand on its own and be a separate entity from the Center. Discussion followed. The Chairman stated that several interesting issues had been discussed today and suggested the committee Select one at thc next mcc~ing to pur~ue. It was also suggested that the commission invite someone from the EDC committee who had been to the Tallahassee lo come to our April meeting and give an update on issues that were discussed. This could possibly give the commission an idea as to which direction should be taken. There being no furthcr business to discuss, thc meeting adjourned at 9:20. Thc next meeting will be hcld on Monday, April 21. AFFORDABLE HOUSING COMMISSION AFFORDABLE HOUSING ADVISORY COMMITTEE COLLIER COUNTY DEVELOPMENT SERVICES BUILDING 2800 NOR'i'll HORSF. SHOE DRIVE - CONFERENCE ROOM "G' 1681 May 19, 1997 MINUTES BOLL CALL ABSENT PRESENT Vanesu Fitz X Joan Gust X Jane Horton X Mark LiMner X Bruce Mumm X D~t ~kl~ X Mark Atom Smith X Fred Thomas, Jr. X Jack Williams X Staff Pm~nt: Greg Mihalic, Joarme Dalbey, Don Milne, Lawrence Perez, Susan Golden The meaing was called to order at 8:!0 a.m. by Chairman Mark Smith. Thee was a quorum present. There was not a quorum al the April meeting, therefore, there were no minutes to bc ,tpproved. Greg Mihalic introduced Don Milne who administt'rs the SHIP Down Payment/Closing Cost Assistance Program and the Residential Rehabilitation Program, and Lawrence Perm, who filled Ron Cook's position and administers the CDBG grants. $oanne handed out fact sheets on the Down Payment/Closing Cost Assistance Program, Residential Rehabilitation Program and Impact Fee Waiver/Deferral Program. and also an updated copy of the Coa.'~tal Urban Area Apartment list. Don Milne handed out a breakdown of total closings Io date. Don explained how the dov,'n payment/closing cost program works, income limits, etc. An applicant is entitled to S2.500 towards the down payment/closing costs and up to an additional $2,500 for repairs to bring the house up to code. Don stated that currently we are accepting only very Iow income applicants. Don also stated that U. S. Trust has put up as a funding additive S50,000 for very low income families that a~e headed by a single parent, or $2,500, bring the total to S7,500 per family. The U, S. Trust mon~ is to be used for down payment/closing cost only and not to be used for the rehab portion. Since the beginning of the program we have helped 434 families into their first home, approximately V, of the. se have bec-n flu'ough brokers and the banks right now are averaging bet~, xn 30 and 40%. Going down into the very Iow income, it is done almost entirely through brokol. Don stated that the majority of the loans through banks will probably be coming through the Consortium. Because of the problems a lot ofthe banks are having being able to quality Ix'opic the Consortium is acting as n great aid because of all thc up front work they are doing. Don and Susan explained what thc loan consortium is and what they do. There arc nine banks involved in the consortium. Basically it is a group of banks and they do all thc preliminary work to pre-qualify applicants, and they also do a homcbuycr education service and a coarse the3,' actually put each buyer through. Discussion followed regarding income limits and how our department works with thc banks and brokers. Don also reported on thc Residential Rehab Program and handed out a fact sheet ~,,'ith a breakdown of total applications to date, and status of pending applications and hob' thc program works. A total of,ti projects have been funded. This program has also dropped down to ','co' Iow income only. There is a one year waiting period. An applicant must bc current in mortgage payments, utility bills and in taxes and show proof of ownership in order to start thc process. Greg stated that thc major problem with the program is obtaining contractors to do thc work. Contractors must bc approved by the County Purchasing Department. Discussion followed regarding contractors quali fications and how the bids are handled. Chairman Mark Smith passed ou! copies of the original Ordinance (No. 91-65) creating th,: Affordable llousing Commission. Mark stated he feels the commis';ion should rcvie,,v the ordinance, in particular Section Seven. Functions. Powers and Duties of thc Commission. Items A through F. Mark fccis scvcral of the items are no longer applicable at this lime. Item A. - Thc monitoring ,flhe ltousing Element oflhe County's Growth Management Plan and City's Comprehensive Plan - has just recently been completed. Item B - No longer applicable. Item C' - No longer apphcable. Item D - Rcg:,rdmg I,nkagc and inclus~onary zomng recommendations, thIs ,,~'as never really accepted by thc County ~low thc DR! project. Item E - Rc~,,.~' and dclcrmmc Ihe effect of proposed ordinances on affordable housing. Susan stated that this commission has not done this, and even thc SHIP Program requires that thc commission rcvtew propo~d ordinance changes and determine what the financial impact is on affordable housing. Item F - Investigate any other relevant areas. Susan passed out a list of AHC goals '~'orksheet that done by the original committee. Chairman Mark Smith staled that after reviewing these items thc committee should stick with thc original mandate for a while. Anothc'r option would be to ask the Board of County Commissioners to expand on the mandate. Greg steted he felt the AHC should help the vis!bilit~' of affordaE..e housing, to have a premier role in this and should be the liaison to the other acti,,'ities that go on. If this is not done. the Affordable Housing Coalition is going to step up into that role. Susan handed out information on the Small Cities CDBG Program proposed changes. Susan stated thc City gets a direct entitlement from HUD. Thc County will not receive entitlement Irunds until it has reached a population or' 200,000, probably in a couple or' years. The entitlern~t funds to be received by the County will be in addition to the SHIP t'unds. Greg stated that the CE)BO t'unds received by HLa have nothing to do with SHIP or housing and t'eels it may not be ~opriate under this ordinance. Joan.ne stated there is mother advisory committee, The Citizens Advisory Task Force, th~,t oversee~ C'DBG grants. Lawrence gave a brief presentation on the S750,000 gr~t received fox Habitat for Hum~mity ~d Shellabarger, two projects in Immokalce. The money is being used for infrastructure, roads, etc. The Chairman stated that the next meeting will be held on June 16 and asked if there would be an update on the Housing Element at that time. Susan stated the Housing Element will not go before the City until thc ! 8~'. Greg received information on the National Partners in Homeownership and stated hc suggested it might be something this committee would be interested in delving into. He ,,,,'ill make copies ~d FAX to the commission. There being no further business the meeting ~ljourned at 9:30. 1 6G1 RECEIVED NOV 13 i99'/ ~oard of Count~ C0.n, fssf0ners COLLrr-R COUNTY LAN'DFH.,L & MATERXALS RECOVERY FACILITY CITIZENS AD~qSORY COMMITTEE OCTOBER 22, 199'7 ~G MINU'IT, S Nancy Bisbee Brad Corneg B~o~m ler~d~ Soft Staiser Tom Ha'ming StafflJaison: David Du~em~Hem'y Bill Ba~cs, P.E., IC~ Boyd, APRP, Dick Michael, P.E. J. W. Spem', P.E., David W'u'kLson, P.E., John Wood, P.E. Addison, ,rm~ Stewart (0 Mccdn~ wu (:sJled to mM' at 4:15 p.m. by the CAC Committee ~ Tnn C. mmsnt~ The ~-,,~ ~ the ~ wiO] a review oftbe events mci CAC df(N'ts that I~ve taken place to date (.) Cba.b'maa Consta.,u~e immdtK:cd the CAC Commim~ md the Dufresae- Inc., Team ~1 ~ sn cetera on the topics toe discu~on Co) The CAC approved the meeting notes ~ tt~ meeti~ ~d on m. (.) David W"u]cison 8zve an overview, U.lin8 ~ maps, ~the invc~&~tions Um were ~ ~t the tt~e O)(:mrxtsse sites; A, L, a: u. 'ne purpose of ~ ~ ~ ~ to ~ the measm~ae~ ofthe g/sc. Cortes: Oate:. ~ Item# /~,.~. Octob~ 22, 1997 CAC Meeting M'mute~ Page 2 of 4 (c) Site L is ~ oo Cotmly Road ~55, e~st of ~ Subdivision and Camp KeaisRoad. The majodtyofthehmd ts a citrus grove with 3 small wet. lands. Ther~ is a resi&mce and shop building in the citrus tr~a- The we, lands ~,d threatcne~ u~d endanSer~ species, obscrv~oo of t~ grove S}te A is loc~ed north of lmumkalee, west of State Ro~ 29 on Sta~e Road soil ~ ~ound pm~tmio~ rnd~ ~ blolosis* ~e survey for ~ ~1 threst~ sad endangn~ spo:iet, obscrvuion of the Stove She U ts ~ in ~0u~ Nai~e~ ~ ~) ~ ofU. S. 41 in th~ Six L's Farm ar~ Th~ Du~, Inc., Te~rn ~ the site in ~ m~ thtmm~ ~ ~ ~ obm~ of tl~ l.w. Spear revkw~ the 23 enlus~iv~ criteria md, for each crite~ indicsted where re~iv~ (~ TM No.'s 1-4 or future TM No. S). 16Gl ', October 22, 199'/ CAC Meeting Page 3 o{'4 (c) (0 TMNo. ~. I.W. Spear ~ th~thegruund msff, ingofthe criteria will be in the TMNo. $ £or t{~ CAC to f~rther ~e each site. Tom Henning asked wh~ch criteria would be included inTM No. 5. $.W. Spear ex-ptained that the following criteria wt'II be ~ in TM No. 5: Criteria No. 5, $, I 1, 14, 17, 21 and 22. Also, on-~ite wells. the exception of clmaging the ~ schedu~ f'or December 10th to ~ ~I, 1997, mo6on pas~l. Chairman Constantine encoun{e~ all CAC memben to be prese~ at the December 16, 1997, Board otCounty Commissioners Meeting. Publ'g cotmne~ sesaion hekl st n~'oxima~ 6:45 p.m. Cor~'ne~ t~ ~a P~in, · Consider haurmg ~ dam,g,: to roads, putting school · C~~t · Whytr~'t~'~~mdconsideringm~ Isa'tit ~ to $10/ton. · Florida ~ m ~ ~ ~ mw ~'ru planning to bring in Ck:mber 22, 1997 C^C Meeti~ ~m-aa~ Pa~ 4 or4 NEXT ~G: November 19, 1997, 4:00 - 6.'00 p.m. ~ Co. my Commtmloa Board Room Minutes - l~e~ln~ of october lO, 1997 16Gl SUMMARY OF RECOMMENDATIONS AND MOTIONS: Minutes of August 8, 1997: Bob Cole moved to accept the minutes as presented; seconded by Al LePain and carried unanimously. 6. LANDSCAPE ARCHITECT'S REPORT Mike recommended spraying the site every month with insecticide and requested that Advanced Lawn and Landscaping to provide him with a schedule. Since there was much concern expressed over the services be. lng provided, George Pearson will send a letter to Paul Duguay requesting a copy ot' Iheir contract with Top Notch. COMMITTEE REPORTS A. George reported that he spoke with Mr. Bobanick regarding the affluent connection but has not heard from him yel. George will contact Mr. Clemmons. Bo After t'urther discussion, Bob Cole made a motion authorizing Steve Fabiano to proceed with the installation of the affluent line to the source; seconded by Al LePain and carried unanimously. RECEIVE-D NOV 1 2 t~97 of Lcdnt! Coa=lssioners Co~atanttn~ Mac'~:te lerr7 ~/"~ Misc. C0rres: Date:. ~ Copies To: z,¢Iy ~ol, f Estates ~¢aut~¢~t~on ~v~or~ Committee ,~~ - ~tI~j of tqoy~ba' 14, ~ 997 2. 3. 4. Meeting called to order Attendance Approval of minutes of October 10, 1997 Reports B. Do Advanced Lawn & Landscape Tranq;x:nlalion Administrative Services New Co~ructicm i. Mike McGee, M<Gee & Associates Commill'ee Members i. George Pearson ii. Al LePain iii. Robert CoPe iv. Robert Weyers 5. Old Business 6. New Business 7. Adjournment NEXT MEETING: December 12, 1997 Golf Estatts seaut ¢atlon Advisory committee of october e Meeting ~lled to order al 4:00 p.m. Location - Facilities Management, Conference Room 111. Attendance Taken - Present: George Pearson, Al LePain, Robert Cole, Robert We)ers, members; Steve Fabiano, Transportation Administrative Services; Mike McGee, McGee & Associates; Jeff Koetting, Advanced Lawn and Landscaping; Jacqueline Si lano, secretary. Minutes of August 8, 1997: Bob Cole moved to accept the minutes as presented; seconded Ir/Al LePain and carried unanimously. LANDSCAPE MAINTENANCE REPORT Jeff advised that the crew leader has been terminated and he is now , supervising the job. He and Mike McGee conducted a walk-through this morning and noticed some leal' spots; he will contact Top Notch, his subcontractor, to spray the plants. There are dry conditions so the irrigation contractor will be notified. Bob Cole noted a break in the system on Pebble Beach Boulevard. The cul de sacs have weed problems perhaps due to insects and dry conditions. LANDSCAPE ARCHITECT'S REPORT Mike McGee reported that he felt that the irrigation system is working properly since the moisture meter registered sufficient moisture. He felt the poor conditions are due to chinch bugs, weeds and cutting the grass too Iow and with a blunt blade which is a result of improper maintenance. Mike will conduct another walk-through with Steve Fabiano and Jeff prior to the. next meeting. Mike recommended spraying the site every month with insecticide and requested that Advanced Lawn and Landscaping to provide him with a schedule. Since there was much concern expressed over the services being provided, George Pearson will send a letter to Paul Duguay requesting a copy of their contruct with Top Notch. Copies of the quarterly maintenance report through September were distributed and discussed. TRANSPORTATION SERVICES REPORT Copies of the Budget Status for lhe fiscal year were distributed and reviewed. The committee expressed Iheir concern regarding the carry fort, yard; Steve will follow up. Steve noted lhat although he substantiated $2813.9.5 in damages done by Ihe Utilities Department, he still has not received reimbursement. 8. COMh41TTEE REPORTS George reported that he spoke with Mr. Bobanick regarding the affluent conneclion bur has not heard from him yet. George will contact Mr. Clemrnons. After further discussion, Bob Cole made a motion authorizing Steve Fabiano to proceed with the installation of the affluent line to the source; seconded by Al LePaln and carried unanimously. As lhere was no furthee business to discuss, Ihe meeting was adjourned at 5:40 p.m. The next meeting has been scheduled for November 14, 1997, at 4:00 p.m., Facililies Management, Conference Room 11 I. 2 I I I I I I I I I I I I I I I 16~1 RECEIVED NOV 1~ lgg7 of Ccun:.v Co~missioners PARKS & RECREATION ADVISORY BOARD WEDNESD/~y, No~embe~ 19, 199~ Golaen Gate Gommanlt:~ Peek PARKS AND ~TION ADVISORY BOARD AGENDA November 19, 1997 Golden Gate Community Park 3.;00 Santa Barbara Boulevard, Naple~, Florida The Park~ and Recreation Advhory Board meeting will be held Wednesday, November 19, 1997, 2:00 p.m. at Golden Gate CommunitT Park, 3300 Santa Barbara Boulevard, Naple~, Florida. !. CALl. TO ORDER: Il. PLEDGEE OF ALLEGIANCE TO TIlE FLAG: IIL IN~'OCATION: IV. APPRO%'AI. OF MINUTE.~. Oclob~- 22. 1997 Mee~in~ A 1-4 ¥. AWARD PRESENTATION: I. Attitude Award - Janice EJliott :2. Attitude Award.. Bret Popma VI. NEW BUSINF.~S: I. Interview, for Parab positions [fl applicants) B 5.-14 VIi. REQUESTS FOR DISCUSSION. SPECIFIC UPDATE ITEM I. Request to Show Video Tape of Tree Det~tcation - Louise llasse VIII. REPORTS/UPDATE$: I. Monthly Report (October) C1.~-20 2. Regional Parks (Sugden, N. Naples, & S. Naples Community) Updates 3. Adopt-A-Park Report D21 4. Parab Meeting Schedule D22 IX. ADJOURNMENT I1 I ill I~1 I I I A 16Gl I I I I I I I I I I I I I I I I I I 1 PARKS AND RECREATION ADVISORY BOARD Joint County and City Advisory Board October 22, 19~? Miflut~ Golden Gate Community Center 4701 Golden Gate Parkway, Naples, Florida PRESENT: Timothy Blackford. Chairman Joseph 7.ak,~ BiHie Cheney Daphnie Bercher Elaine Wicks, Vice Chair Gayle L Senn Gal bluefler City of Naples: Phil DePasquale. Chairman George Dondanviile. ','ice Chair Robert lamuri llenry WatkinJ Clark Russell David Szempruch ABSENT: Al.SO PRESENT: Maria Ramses', Director Murdo Smith, Recreation Manager Gary Franco, Parks Superintendent Jacqule Ilarl, Secrtfary II John Dunnuck, Operations Coordinator L CALl. TO ORDER: The meeting was called to order at 2:20 p.m. -- IL PLEDGE OF ALLEGIANCE TO TIlE FLAG ltl INVOCATION: by Sacquie Hart tv. APPROVAL OF bIINUTES: September 24, 1997 meeting. v. AWARD PRESENTATION: Chairman Blackford presented George Farrell with an Attitude Award and congratulated him. Motion by Joseph Z. skl to approve September 24, 1997 minutes. Seconded by Gii Mueller. Passed 7/0. VL INTRODUCTION: board members. An introduction was done by City and County 6G1 ': I I I I I I I I I I I I I I I I I I I 1 VII. NEW BUSINESS/PRESENTATIONS a. Proced,u,r,e for Rec0mmendine Projects - Sir. Don Wirth stated that he met with Maria Ramscy., Parks and Recreation Director and tho,. agreed .jointly on how projects will be recommended to the Parks an~ Recreation Advisory Board. The projects will be ro,'iewed by the Parks and Recreation staff who v, ill then forward to Parks and Recreation Advisory Board for ro,'iev,' and recommendation The City of Naples will follow the same procedures The same information will be given to both City ~d County Advisory Boards Consideration Sponsorshio of Joint Recreation Program - Sir. Winh stated that the Cambier Park is being utilized to the maximum but would like to know if the County would accept or host some major special o"ents The City Board indicated that Cambier Park is over crowded v, ith o"ems. Sir Wirth stated that since Collier County has more facilities it would be great to direct some of these ~'ents to the County P=rks and Recreation Department The Collier County Cultural Festival is a prime example of a Major Special Event and the County is planning to utilize the City's Park for next year's o,'ent Ms Ramscy stated that the City has a perfect route for a parade and that is one of the reasons why the County Cultural Festival ,,,,'as held there Beach Parldnt Pr0cessin~ Fe~ - Nfs. Elaine Wicks discussed thc fact that it would be a great idea if both City and Count)' would charge a minimal S$ O0 processing fee The fee will also fund the Beach Parking program his. Rarnsey stated that the Parks Department is issuing 70 parkingz,,tickers _ at various locations on a daily basis that means staff.has very little time to do any programs at the parks, his. Ramsey stated that the $5.00 fee would help offset the cost for tracking and additional part time staffing for Beach Permit program. Mr. Zaks inquired whether the City would consider a fee if the Commissioners approve Beach Parking Processing Fee proposal. Mr. Zaks stated that if the City does not charge a fee their line would be out to the street just to save a S5.00 fee. Both City and County Advisory Board ~ugg,.sted to meet in the future although no date was discus. 6Gl I I I I I I I I I I I I I I 1 VI. R£QUF. qT FOR DISCUSSION/SPECIFIC UPDATE ITEM Reouest f0r,,4 Wall/In, do0r Ra,cqu,etball (~ourts- Ms. Wicks stated that a citizen inquired whether Ihe Parks and Recreation Department would consider enclosing the racquetball courts. This would eliminate the ball t'rom going over the walls Summer Camp Field Trip. Ms. Wicks aisc, suggested that the Paxks and Recreation Summer Camp Program include Corkscrew Sanctua~ as a regular field trip for next year's Summer Camp. Doe Pa ,rk - Ms. Ramsey stated that there is an organization that meets at the Golden Gate Community Center and she spoke to them regarding helping out with the dog park. d. Golden .Gate Prone, try #179 - Mr Zaks inquired about the Golden Gate Property. Ms RamseT. stated that the property was bought by the County. Exotic removal is being done The property is located between Green and Santa Barbara Boulevard %11. REPORTS & UPDATES a. Monthly Report (Seoter~berl- No discussion A,S,A, Event UDdatg - The event was outstanding 15,000 to 30,000 people attended the three (3) day event. Staff played a very important role in the event by volumeering hour~ to assist. Copeland Playzr0und D~l|¢ation Ul~date- Pietures of the playground were ~own. On Oc~oher 18, 1997 sLxty (60)~people ' attended the playground dedication. I d. Adoot-A-Park Report - Mr. Mueller visited the Frank Mackle Conununity Park and everything is in good condition. Mr. Mueiler stated i that the water has been adjust for racquet courts at the Collier Coumy Racquet Center. I Tieer~ail Traeedy - Mr. Mueller stated that a tragedy occurred at the Tisertail Beach. Additional signage will be installed by the County. 6Gl PARAB Meetin. Scheds{]e. The next meeting will be held at the Golden Gate Conmzmity Park, 3300 Santa Barbara Boulevard, Naples, Florida, Novemnber 19, 1997 at 2:00 p.m.. VIII. ADJOURNMENT Wleeting adjonrned at 3:40 P.M.. Motion by Gil Wlueller to adjourn. 9et'onded by Joseph Zalcs. Passed 7/0. ! ! MEMORANDUM '": ?: O0 DATE: October 20. 1997 " · o: FROM: Sue Filson. Administrative Assistam'"~.,~ ~ -... .... Board orCounty Commissioners ,./'...J. J Parks and Recreation Advisory Board As you know. ~c currently have 2 vacancies on thc above-rcfcrcrmcd advisory, committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached thc resumes received for your rr,'iew as follo~vs: John Gfice 326 Ch~lerr~ne Boul~'~'d 1204 Naples. FL 34112 Ginger HincMliff 3551 29th Avenue. S.I,V. Naples, FL 3434117 Kent Kolegue 2339 Woodcr~t Dri',e Naples, FL 34120 Gayle Stan 735 9$th Avenue Norih Naples, FL 34105 Timothy M. Black.ford 276 Madison Drive Naples, FL 34110 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-flame, and I will prepare an executive summazy for ~e Board's consideration. Please categorize the appHc, ants In arras of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SE 3301 Tam,ami Tr. E. £AX 774-3602 I ~ue, I wou~ like mb¢ coas/~crcd tot' ' ' ~ Dcv~lopmc~ Scrvicts Adviso£; ted ~m be of br.~ m ~ Bo~d ofCoumy Commi~e~s ami TI~ c~izca~ otCol~er Couart. The [L~ ~cad ~s from Ftesem m I 0 I Wror~ and t4sm:! opa-'~./o~, ~ mci rq~ proc~ tat various co~pe~r~t.s ofr. l~ US Navy's 0 '1° I I I I ' Department of Environmental Protection 16G1 Oczotx'r 17, I~97 Boa~ of CoumT CommLum $~1 Ten,iami Tra~l Ea~ Napl~, FL 34112 I would 1~ to bc ~ a:s a candkL~ for the Ps:~ and Rccre~on A~ Board. l I~v~ wedr, ed for the Flor~la ~of.rr-n~cmm~ Pr°tecta as t~ I ht~ a bacbek~t's ? In r~ks and ~ ~n P~ State Un~m~. I bavc wedccd i~ Seu~ Fk, tida slnoe 1911 ~ a Fn:mn~ resident of Coll~c: Count7 ia 19IS. Naple~, FL ].411] 941.417.6310 {B) 7 GINGER HINCHCLI~ 351129TaAv~.S~'.~LLLIrL 33114 941.417.6310 bincbcl~ff~:zplc::..eLcoc= I I I I I I I I I I Cm'r~nd7 L'adu~e studc~ Florida GuI3 Co&vt L;niveflity, ~taJ Tech~ok~' 1910 PtmsyJv~ Sta~c UQivcrsky BS P2rks m~d Recrcstiou. Oq..tdoer Education ,;~ulemmt · FtoF"~m Dc~doPmc~t ,t Ev~mie~ * Pa'mer~p Bui~nT..S~-·st~c Te~J~ add Lu~erpretfve: *20 yeats Of 11acb~l cOaztd ed'acalio~ +F. xpcr~ce with u:achmg prc. K dzrou~ Ad~ tudleuccs; *P~llc SpcxkJng; · 13 sextms ~ Nm:lend ?uk Service leading walks, hates. Ix~ gMrs: tad .lmetlXZtive Sitka md Displa7 s.,d Trail design Technical Sk:gb: *~t&rdw~-z sod soR'wwc ski'ILI ms Computtfl; *TccJ~ical. rcpo~ f::d publlca~crn Wrki~. *Grspbic Design: tod °Meeting Facfi~t~on F. SIPLOYX[L-WT 1911 -Pre. s~t Rocker7' Bay .~nt~n~l f.~aarlne R~b R~ ~'apl. ~ 1911-1911 h~r b~d E~imo~ Edu~n Center, C~I~ SC 1911 - 1911 National l"~tk JCrnai Fjord ~,T, ^~ Everiladct N?, FL; Cape Lookout NS, NC: l~; Cape ~ NS. NC; Assr, gut NS. k~ 1910 - I913 Nrwf. otnd BLather bLtrtm bsdtsts~ FL ICr/~ I wu crnFIoycd 3 seaso~ as M, trlr~ ~ ~ (B} 8 1 6Gl '' '1 KE,¥r KOL£GUE ~ ~3~ Wee4cr~t Dr. I I ds7 to dry ~'~hd~; i~h~ bllltn& bodi~ ca:~lecf:lQa~ corrcspoadc2Jce and ovcrs¥,bt m J, Oc~b~ 1~,- S~Y MANAGKM~CI' COKPORATZON, BOSTON, ~ IS~I lnl~ Jutq;ntel Baem hsd rul esU~ deq~ic~at nd I · (B) 9 From. ~#: '1 To: Collier County Petits & Recreation Advisory Board Board of Collier County Cotru'nissioncrs RECEIVED I ? gg./ I have truly ~joyed the last 19 months serving on the Collier Pzrks and R~reation Advisory Board. end now have a bener understanding oft, he importance of such a beard as a crucial li~ betv,'cen thc cidzm of Collier County and the Board of Coatmissioaers. With the addition of Ma. rla Ra:'nscy as Par~s and Recreation Director. and ~'o new board members. Puks and Recreation Advisory Boa'd is making great s~des in its effectiveness to b~tcr serve ~he ci:izcns of Collier County in i~s recommcr~dations to thc Board of Commissioners. It h~ been with Playground that in the Lee Cypress au'ca. I believe with the cxp~ continue to be an c Fl'ccti Commissionen. It would bc honor lo scr Recreation system as it continues to grow with Collier County, Thank you for your consider~ion. It has been with great sazisfaction O,.at I have been invoivccl in projects such as the Copeland Playground that was so desperately needed and will have a tremendous imp.',ct on the community I believe with the cxpcr~cncc and knowlcge [ l'~ve accumulated as a boa'd member. [ would continue to be an effective member and serve the citizens of Collier County and the Board of It would be honor to serve another term on PARAB and be apart ofthe Collier County Parks and (n) z~ I!1 Gayle Start 735 98th Ave. N. Naples, Florida 34108 (941)591-4910 Rtnnme for re-appointment to Collier County Park~ and Recreation Advisory. Board · 1982 Graduate o£Clyde Senior High School, Clyde, Ohio · 1982 Graduate of Vanguard Vocational School, Fremont, Ohio · Resident of Collier County i ! yeah. · Employed at Tuff Publications 6 yeah. · Also a free lance computer graphic artist: - Reellmage Film & Video Production. 3 years - Visitors T¢lr.'ision. 5 years · 1992 Volunteer Golden Terrace Elementary t~acl~ng computer skills. · Served on the Golden Gate Chamber of Commerce Budnes~ Promotion Committee 3 years. · Served on Parks & Recreation Advign'y Board since April 1995. Have only mitk-d ! meeting since on the board. · Active in various youth related organizations since arriving in Collier County. · Ma'Tied / I child RECEIVED OCT I 7 ~7 Soard of Count./Cmmlssfo~ers 16Gl (S) 12 ? Ms. Sue ~ Collier County 3301 Tamiami Trail E. Naples, FL 34112 I would h'kc to inform you that ! arn seeJc~g snorer term on thc Parks and Recreation Advisory BoarcL I am the current ~ of the board ~d my current tcrm is due to cxplre Dec. 31st, 1997. I fcc] forttrmte to have served on P.A.R.A.B. over I~e tut scver~ years. There are many issues and projects we a~e cun'cndy diKussing that I feel I can pos{~ly influcnc~. Please see my attached rgsume and feel flee to contact me with ~ny ques~ons. T'm3o(~ M. Blackforct I 16Gl TIMOTHY M. BLACKFORD 27~ ,WIo'bo, Dr. Naples, FL :~4110 ~ Pl~e ~41) ~&9121 ~ ~ (~41) 261..44,~ Dec. 1989 -Nov. 1992 Oct 1987 -Dcc. 1989 986 - OCt. 1987 Tide: Scnk~' Bus~ Deve~ Managcr ,~,~~ Data Pro-'~nS T~e: D~ ~ Manager S.O.S. Office Systems T~,I~: Accom~ F_.xecudve Bm~.t~ Bank oflVa~les T~Ic Ncw A~ Reprcsentat/ve okio Uni~. A~en~, C~o W~on High School- METi~ 2 ~~ 7 aM3 S~r'v~d o~ P.A.R~B. ~ncc 1~!, currc~ ~ (B) 14 I I I I I C '1 I I COLLIER COUNTY PARKS AND RECREATION DEPARTMENT RECREATION MONTHLY REPORT OCTOBER 1997 16Gl I I I I I I I I I I I I PARK/FACILITY USERS REVENUE CURRENT YEAR PRJOR YEAR CURRENT YEAR PRIOR YEAR FACILITY , MTH Y I u MTI-t Y'TDi MTH GG AQUATIC 5.620 5,620 3.260 3.260 6.924 6.924 3.509 3.509! GG FITNESS 2.881 2.881 2.073 2.073 10.503 10,503 5,567 5,567~ EAST NAPLES 58.721 58.721: 55.075 55.075 2,340 2.340 2.854 2,854 FRANK MACKLE 12 920 12.920 18.304 18,304 5,927 5.927 3.657 3.657 GG CC)MM CTR 21.484 21.484 16594 16.594 12,878 12.878 11.598 11,598 VETERANS ..;P 37.891 37.891 23,542 23,542' 13.308 13.308 12.325 12.325 VINEYARDS CP 53,06 ! 53.061 38.678 38,678 10.025 10,025: 13,545 13.545 PELICAN BAY 3.360 3.360i 3.554 3.554 814 814 N/A N,'A GG COMM PARK 53.594 53.594 126.230 126,230 0 0 0 ATHLETICS 0 0 g6 g6 17,409 17.4Og 12.332 12.332 RACQUET CTR 2.$80 2.180 1.g31 1.g31 13.824 13.824 12.811 12.81 IMMOKALEE CP 39.076 39.076 60.947 EO,947 3.742 3,742 1.616 1.616 IMM SPORTS 7.484 7,484 28,851 28,851 2,358 2,358~ 3 ._g.l~. 3~48 FOOD PROG Pelican Bay revenue figure repref~tz prior m ~ remittance. (c) ~ I I I I ti Iii I I I RECREATION SECTION R, IONTItLY REPORT OCTOB£R 1~97 COLDEN GATE AQUATIC FACILfTY Rqis~crcd Class Paflicip~rs Facile' Users ~.6_~0 eropm Hovrs Prol~m Par~k:ipam Hours l.OOl Special Ev~s 33 EAST HAPLES CO,~,I,~IUNITY PARK Rqislcted Class Participants 95 Park UJtrs fl.7] ! Pr~ram Haas 127 Revenue 2.}-10 Special Events 15.000 GOLDEN GATE coM,%lUNl'rY CENTER VETERANS CO,~1MUNITY PARK I}IMOKALEIr COM~'~UNITY PARK Rqi~,rtd Clau Pa~cip~ts 70 Park U~rs 39,076 ~ ~t H~ 3,765 ~ 3.742 ~E~ 0 GOLDEN GATE FITNESS CENTER Rqf~t'rt, d Class Participants 2 Facili~.' U~'n Prqrr~ P~icipant Hours Rn'enue 10~03 Special Events 0 FRANK ,%IACKL£ CO~I,%! PARK Rqisttred Class PaflicJpaflts 166 Park Usa'rs 12.920 Prqram Participant Houri }56 Revenue 5.927 Special bents .~9 R,~.CQ UET CENTER VINEYARDS COM.~IUNITY PARK IMMOKALEE SPORTS COMPLEX Registered ~ Paflicipa~ts 12 Park Ugt3 7,484 Prc~r'~a Participant Houri 26 ~ E~n 0 {¢) 16 I I I I I I I I I I GOLDEN GATE AQUATIC & FITNESS CENTER REVENUE REPORT ~OeER P~ 4~32 4~32 3.262 3,~2 3,~ 3.~ 6.924 6.924 F~s ~a ~a ~a ~a 5.~7 5.567 10.~3 10.~3 T~s 4232 4~32 3252 3~ 9.076 9.076 17.427 17.427 .~SER P~ 3.679 7.911: 2.97~ 6.2~ 3,122 ~l ~a ~a 4.~7 4.~7 3,gl2 9.479 F~s ~a ~a' 2.~5 7~ 4,~2 13,821 J~ P~ 3.872 14.~2 2878 10.412 6~91 16.811 F~s ~a ~a 7.714 15.~ 14.867 28.688 FEBRU~Y P~ 3 ~15 1~.737~ 4.M3 15.015 82~ 25.~5 F~s ~a ~a 4.M2 lg,~ 8.191 ~.a79 r~ss ~a ~a 3 7K 22.~ 5~3~ 42 27~ ~RIL P~ 12.~5t 41.a97 It312 33.~ 13.7~ F~s ~a ~a S.~ ~.~2 6 97~ 49 253 F~s ~a ~a, 4.~ 32.M2; 6.919 ~T~s 16 8M M.743 19,286 ~.~ 32.935 139.~0~ ~l ~ ~a 4.8~ 45.414 7.897 85.8~ T~s 11,~ 1~.7~ 22 ~8 149.8~ 27~14 242,716 (C) 17 '1 COLLIER COUNTY RACQUET CENTER REVENUE REPORT OCTOBER 5371 5371 6173 6173 12811 12811 13824 13824 DECEMS£R 6722 20688 ~18 23918 6989 30234 ~u~, 10432 3,12o ~1 33919 .oo 3983~ F'ESI~UA.~W 8176 392~-~ 9719 43638 8851 48685 ~Y 4328 ~783 ~37 59838 4149 65277 ~E 3918 ~79 2158 61g~ ~81 68358 ~Y 3321 62~ 3ggO 65~ ~89 74207 ~US~ 2945 ~5 4~6 70532 7685 81892 S~EMBER 4182 69127 ~ ~2 ~29 ~321 BEACH AND WATER MONTHLY REPORT OGTOBER t997 USERS' ,, REVENUE CURRENT YEAR PRIOR YEAR (~URRENT YEAR PRIOR YEAR ~'TEP.$ (ACTUAL) 8AP, EFOOT ,4210 4,219 4.353 4,353 373 373 ~ ~ ~~ ~O.M IO.M 12. J~ i2.1~ 4.7~ 4.7~ 4M3 4.~ ~ P~ O.~ ~.~ f 83? 0.~7 2.~I 1 2.81 i 2 292 ~ 19.3M lg,~ 11,~ 11.~ 10.6~ 10.626 9 5Z2 v KH ~ ~ 0 0 0 0 1~ I.~3 I.~0 1 N ~ S~ 2.~ 2,~ 2.~ Z~ 1~ 1~ 72 T~ ~.~ ~.~ ~0 ~,~ ~ ~.~g ~.I~ ~,1~ ~ ~1 46SJ 4.~ 4.~ 4,~ 0 0 O 0 ~TC~E 12 ~ J2~ t 331 J331 1.3~ 1.3~2 ~ Y~ ~.~24 ~,S24 ~.~4 ~,~ 2,~ 2.~ 763 763 ~ESS~ ~L) ~T ~ M2 ~2 S72 ~ESSI~5 ~ ~ 6~ ~A~ ~ ~ 0 0 (c) 39 .iq I I I I F-Y-I 1 661 THE GOLDEN GATE AQUAI'IC FACIIJTT' MAIN POOl. IYATER CIP.4C/TY L¥ 295,622 GALLONS OF IYATER EQ. iM I1NG TO 4,729,952 GL4.c,.yE,¥ OF WATER. GUE$,*; IF'HAT SIZE GI.A.C,.~; I~E ARE USING?7 GRAND OPENING OF COPELAND PlA YGROUND WAS HELD ON OCTOBER 18TM. MANY RF_.SIDE~%TS OF THE AREA Al'TENDED ITIE EVENT. Par~ afRf Re(sTation IlAPPY BIRTIIDAY 70 TIlE GOLDEN GAlE COMMUNIIT CE.VTER ON ITS 20TM ANNIg~.R.¥ARY OCTOBER 9TM 1997. FP~NK ~ ,~L4CKLE PARK ltELD A PEE WEE HALLOWEEN BASIl O.V OC3'OBER 25TM AND A GOOD ITME IVA.~ IL4D BY ALL IMMOKALEE SPORTS CO,$fPLE. V I/ELD A IIALLOWEEN ltAUNI'ED /lOUSE ON OCTOBER $0TM ALL ,~fAR ~7~A¥1ZING SLAMMED THE GOLDEN GA IZ COMM[~71T CENTER ON OCTOBER 17r~ 200 PEOPLE A I'FENDED IIIE EVENT. $0CC~ Lg THE 17tiNG AT VINEYARlk~ COMMUiWTY PARK 2,000 CHILDREN Pi. dY SOCCER AT I'liE PARg ON A WEEKLY BA~qI,~ NEW SAFETY SURFACE.~ WERE INSTALLED AT I'HE GOLDEN GATE AQUATIC FACILITY AND PELI~ BAY PARK PLA YGROUND I]'I'ILIIING 3,054 RECYCLED TIRES FUNDED WITH A GRANT FROM THE SOLID WAYI~ DEPARI'MF.~. (c) 2o rdcb/'AHAB member ~ ~ odop4ed ptrb mod jives fi &tided report of the .. pirkJ ~. ~ parpooe o( tkb report is to bdp Parks sad Recrutioo ~': :"' JklM~ Jettt to coe~tiatfJ7 ~e itt mtimibin~ pm~k facilities. ~ Ve{ermm Comm..it7 Report on 1/21/98 l)zphne IR rrher CJI M~. b. hnmolmlee RA-Fe~tbs/Aqultk: c. .%13~ A, llA~qe Jr., ¢'ommunit~ Pnrk Report on 2/'25/98 Cemp4e~ om 10/22/~ L Cocokmtcbee ~ hH~ Report on 11/19/9'7 Report on 5/28/9~ Report ou 12/17/9'7 Jescpb (U! :n Report on 7/2.2/98 BOARD PI~ICAN BAY SERVICES DIVISION 6Gl_ ,.,M RECEtVc: NOV 7 1997 SUITE 6O5 NAPLES, FL 341O8 (94 l) 597-1749 FAX (94 I) 5974502 A CIItTIFIED BLt;/~ CHi~ NOTICE OF PUBLIC MEETING NOTICE IS HEP, BEY GIVEN OF A REGLE,AR b{EETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER, 8962 HAI~,fl~fOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON NOVEMB£R 11, 1997 at 3:00 P.M. AGENDA 2. 3. 4. 5. 9. 10. pon C~ll Approval of Minutes oftbe October I and October 31, 1997 Meeting Update on thc Clam Bay Restoration md M,u~~ Plan - T R Brown Update on Bike Path Restripplng ~d ~ Hearing Discussion of Committee invoheunent with PBSD prc~cct$ - C~/over from October !, 1997 Meeting Pdican Bay Security Con~eration o£u:lect~ Annual Flow~ Bed convenion to Xeriscape landscape material A~dieme Participation ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY ADVISORY COMMTTTEE, WITH ~ TO ANY MATTER CONSIDERIiD AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT 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. Naples, Florida O~ober I, 1997 ~ IT BE KNOWN, that the PeFman Bay MSTBU Advisory Committee met in ReguLar Session on this date at 3:00 P.M. at the Foundation Center, 8962 Hammock Oak Drive, Naples l~tr. George Werner, V'me ~ Mr. Thomas Brown (Absent) Ib: te Cr ghead Mr. Frederick Flatto lb~'. Edward Cn-JlTrth Mr. G~en Harrell ALSO PRESENT: Various residents of Pelican Bay (approximately 7); Mr. James P. Wtrd, Division Administrator and ~ Barba~t Smith, Recording Secretary. Poll Call Approval of the September 3, 1997 Meet~g ~inutes Clam Bay Restoration and Management Plan A) Status ~ on Envi~ Permits. T. R. Brown B) Statul Report of Proje~ Manaser for permit implementation Discuss,on of Committee involvement with PBSD projects - Carryover from September 3, 1997 Met, tinS .T, on~deralion of Replanting Program for that porlkm of the Div~slon's Water Management System lying we~ o£the Heron Condom~nlum Diacuu~on to ~ · Pubic Hearing Dale fo~ Bicycle Patl~ on Pelican Bay Boulevard and Oul£ Pa~: Drive Audience Ptrtidpation Committee Requests and Audience Comments Adjourn ROLL CALL: Dr. Vadey called the meeting to order and asked that the Record show Mrs. Cora Obley and Messrs. Tom Brown, George Herman~n, Anthony Pires and Charles Popper with excused -2645- PELICAN BAY ADVISORY COMMITTEE OCTOBER I, ,19~ APPROVAL OF MINUTES OF Tl11: SETTEMBER 3. 1997 MEETING: 1~'. Werner stated t~ on Page 2629 oft~ S~t~ 3 Minutes, Mr. Mudge mov~ to go ~d ~th ~l~n, Mill~ ~ the t~m. ~ing back to Page 2~26 of the Septemb~ 3 ~, Mr. W~d ~at~ ~at t~ ~ ~ ~ld ~ to n~otiate propels ~th tho~ ~ple to do t~ d~ ~ ~~ion ~ ~ b~ng t~ ~o~Is back to us for consid~tion ~ if y~ don't like t~ do,an we ~ go a~d ~ d~l ~th ~m~ody el~. Mr. Wemer ~ked ~. M~ge ift~t i~ ~t "go ah~ ~ant in hi~ motion? Mr. Mudge repli~ t~t ~ ~ ~id "go ~ ~th the t~m", he meant using ~i~ MilI~ u the engine. Mr. W~ ~k~ Mr. M~ge ir ~ ~m to u~ ~I~ Miller to prepare the pro~ul ~ ~me back to us? Mr. Mudge a~ced ~ng th~ have to come back. If lh~ are going to ~n ~he proj~, t~ ~I! ~ ~ Proj~ En~n~rs. Mr. W~ uked if t~e ~ld ~ ~ ~re di~ssio~ regardl~ of w~t lh~ w~e going to ~ or are l~ going to ~e a pm~ for thor ~c~ and b~ng lh~ back to us ~o ~k at? Mr. Mudge a~ l~t the pro~ ~ld ~ ~de ~d then brought back. Mr. Y~ng ~at~ t~t on Page 2~2 ~ 2~3 oflhe S~b~ 3 Minutes regarding lhe ~y ~ to St ~phael n~s cl~fication. My fir~ ~m is Mr. Ward's u~ of the t~ ~ inlmd~'. It h~ ~ inl~d~ for at I~ the p~ ~m years. Mr. Ward stal~ he prob~ly s~uld ~ve ~d "o~ginally'. 2646 t't, LiLA~ ~^¥ AD¥1~C)K¥ CC)MM.~TT£F, OCTOBER 1, 1997 Obl Mr. Young Mated that it is a ten toot paved right..of-w~y which will be operated by the Foundation and the Pelican Bay Services Division and it will be completed at the completion of gL Raphael and not at fl)e completion ofthose projects as s~ated in the Minutes. Dr. Varley explained th,u al the Lu~ meeting il was brought up about the shoddy condition ofthe sidewalk out to the Sandpiper and the ~atua of'that item. The implication was made that it was jus~ an a~,ess ~nd that is not true. It will be a paved walkway. Mt. Wm'd explained that i~ will be brought up to the elevation of the surrounding property ·nd repaved with a ten foo~ wide walkway for Ix~h pedestrian and vehicular access. It is presetnly not in very good condition, but as soon as lhe Sandpiper is reopened we will have i~ cl~ up and kept as best we can umil construction is completed. Mr. Werner asked if there was any responsibili~ for the sidewalk that is broken up? Mr. Ward replied that they did go out and do some patch work, which is all they really can do w~h it at this point. At the completion of cormruc~ion they will go back in and repave the entire portion of the sidewalk in from of the construction areas. They will keep it patched during the cormruc~ion phase. It ju~ gets too tom up, too quickly. Dr. Varley asked il'the sidewalks were useable al the present? Mr. Ward replied that he saw them two weeks after the last meeting and they were passable. Not perfect, but good enough to get by. Page 2642, Las~ Paragraph, first sentence - Change the word "never" to "not originally". Page 2642, Last Paragraph, third sentence. Change the word "never" to "not originally". Page 2646, Last sentence - Change zhe words "those projects" to "St. Raphael". Page 2643, First sentence - Change word "never" to "not originally". 2647 PELICAN BAY ADVISORY' COMMITTEE OCTOBER I, 1997 una.ntmoudy, the MTn#re~ of the September $, 1997 Meeting,] CLAbl BAY RESTORATION AND MANAGEMENT PLAN A) STATUS REPORT ON ENVIRONMENTAL PERMIT~; - T,R, BRQWN. Mr. Ted Brown reported that there has been a lot of act|vity over the last month. We had a three day session here in which one of the days w'~ involved with contractors which might be candidates to do the excavation work. Five contractors were invited and four showed up. A two hour Session was held descn'b~ng the project and at that time one of the four contractors declined. Of the thrce, one of the contractors was only interested in participating in Cuts I, 2 and 3 which are the smaller cuts. The other two contractors were only interested in the major excavation which is the channel and the pass. The meeting produced some synergy of consistency in terms of recommendations for plan modifications that would addrcss some of the issues we have been atternptin8 to address. The consensus ofthat meeting and subsequent rtwiew with both the Army Corps of Engineers and FDEP, is that they like I, am excited about the changes that can occur. Fir~ and foremost, the thing that came out of the meeting was the utilization of cyclone ~.-parators to separate fines from the sand. Since that time Mr. Tackney has had conversations with the manufacturers of these facilities and has confirmed that the working characteristics were as advo'lised by the excavation companies. One of the issues we have continually tried to face is the issue ofwhat to do with the spoil. You will recall in thc Plan as originally envisioned, we had Several q:)oil islands. Those were predicated upon thc nccd to dispose of around 70¥e of the excavated material internal to the system because there was no place else to put it. The other 2648 PELICAN BAY ADVISORY COIV[MITTEE OCTOBER !. 1997 30% being considered as beach quality disposal and placed on the beach as part of' an on-going renourishmcnt cfi'on. Using a cyclone separator we c~n reverse those percentages. That presents several opportunities that were not previously present. First, it means that the size or' the spoil d'~posal site i'or i~ncs is now down to somewhere less than [0,000 cubic yards. That means we can aggressively attack the area located at the very f.ront or' the beach as the site For that, which is also usetu! in the sense that it is the point where the cyclones will be located and makes For ease of administration. Secondly, it means that we generate somewhere around 20,000 cubic yards of beach quality sand. To put that in perspective, a typical dump truck holds I0 cubic yards. There is some indication From meetings this morning, although I have not had time to Follow up on it appropriately, that the County and the City of.Naples might want some of' that sand to go to other beaches and may be willing to absorb the respons~ility for taking it off and using it in other renourishrnent projects. We will follow up on that. Failing that, both the Corps and FDEP have indicated a willingness to allow that sand to be used in place and pushed into the Gulf and disposed of. on that basis. Mr. Ted Brown continued that the "win/win" in all of this is that we convert fines to sand in large numbers, we reduce the dze of. the area needed for spoil disposition and doing a much b~ter job ecolos~cally. It also needs to be mentioned that it is probably going to result in some increase in cost by using the cyclone separator. I do not know the exact parameters of that yet, but probably in the neighborhood of' $2.00-$3.00 per cubic yard of' excavation would be added. That doesn't break the bank or do any disservice to the budget. We won't really know how that all plays out until we get a sci or' detailed specifications and go to the bid process. 2649 PELICAN BAY ADVISOR. Y COMMITTEE ~iOB~ I, 1~7 , _ 16Gl Mr. Brown continued that Dr. Snedeker. Mr. Tackney, myself and Kyle Lukasz spent about 5-6 hours marking the channel. You can walk out there now and see exactly where it is going to be. We did not mark the channel out to the Cmlfbecause it is very self-evident ofwhere it is and where it needs to be. In marking the channel we were driven by regulatory guidance to avoid sea grasses to the fullest extent possible. We think we have done that and at least the two agencies that have Io<)ked at it concur in the judgments we have made. One of the results of that howev~, is that the channel we have now marked does not follow in every instance the present flow pattern of the channel. Large segmen~ of that flow channel contain sea grasses which we were attempting to avoid. In doing so, our sense is that we have not done anylhing but sort of break even in terms of various cost parameters because we now have a much straighter channel than we would have had othenvise. We will have to remove more material, but being straighter it should remain more hydrolol~lly efficient and liable for a longer period of time and therefore much better ~-ve the purpose for which it is being put in. The amount of sea grasses being removed from this project is about .31 of an acre, which is less than 20% of the total excavation involved in the channel itself. My sense, from conversations with both the State and Federal agencies, is that they are satisfied with that approach. We have also located and identified spoil disposal locations for Cuts 1, 2 and 3 and basically as were described before. There will be approximately 3,500-4,000 cubic yards of materials placed there from the three cuts. Those are under review and I don't believe there is any real issue. Mr. Brown explained that the Public Comment Period has been closed as of September 19 by the Federal government. The EPA indicated that it was going to send some comments, but they have not yet been received by me and to my knowledge they have not been received by the 2650 PELICAN BAY ADVISORY COMMITTEE OC¥OBER l, 199'/ Corps of Enl~neers. I have received comments from the National Marine Fisheries and from the U.S. Fish and W~Idlife Service, which did not raise a~ objection that cannot be overcome. Most of their objections are the one~ we have overcome by marking the channel and quantified the sea gra.~ Iow. In the imperfec~ world in which we live, they would probably prefer not to see the north/south channel dug because that is where it doe~ impact thin~ they are sensitive to, but I think I can ~ay with ~ome measure of confidence that those comments have been taken into account and I have no reluctance in saying to you that thy have been considered and rejected to that extent. Frankly I felt their letters, based on my experience, were overall very supportive or' A~ a demonstration of how thin~ can slide sideways in the venture that we are engaged in, is that one of the thing~ that I have to deliver to the State of' Florida in order to finish thc permitting process is a letter from Collier County indicating that the project we are intending to underlake is consistent with the Comprehensive Land Use Plan. ! would think that since we are working with their re~,:~urce and doing sorn~hing to attempt to improve it, that would be a "No brainer request". I asked Mr. Hatchet ~md Mr. Lorenz to do that. It took about two weeks and I got a letter about ten day~ ago which basically raised the sea grass issue, saying that they had a policy in their Comprehensive land Use Plan that provided for no net loss of sea grasses. I sent back my sea grass response and basically that issue was closed with them. I got another letter yesterday saying that they ~ill could not i~sue a Consistency Letter because this project would require a variance because there is work being dotle seaward ot.the Coastal Construction Setback Line e~tablid~ed by the County. I then called the i~suing off, ce and explained that l have had two County employees from their Department of'Natural Resources involved for a year and one halt' 2651 .mc s^v 1 6 61 OCTOBER 1, 1997 . and the Plan has not changed and asked where this requirement came from. They faxed me a section of their Regulations. When I asked how long it would take, the reply was 60-90 days, which I explained was noi a satiffaciory answer. I met with them this morning and we have the Consistency Letter in hand. You have al~o heard that Dr. Woodruff' has been opposed to giving us a permit for the Seagate area. I met with Dr. Woodruff today and he will execute a letter that I will fax to him tomorrow and we will have a Seagate Permit. That issue is now closed. If you have an opportunity to see those people, thank them for their help in moving this matter forward. They were important things to get done because they have to be transmitted to the agencies and demonstrate that we can deliver the end product. My sense is that I have discussed with the Army Corps of Engineers and the F'DEP a calendar that requires us to get these permits issued in my view, before Thanksgiving. That is an extraordinarily aggressive goal. The only way it can be done is if the State and Federal governments will think outside of the box and be willing to march through this on what I ~malogize as a design build undertaking. There is no question in my mind that we can achieve the permits in the ordinary course of three to three and one half months, but that is a fatal flaw to being able to start the project and complete the main channel excavation before May 1, 1995. One of the consistent things that came out of our excavation contractor review was a sense that they would require somewhere in the vicinity of 120 days to do the work. If you think about it, the County excavated, certainly nothing like we are talking about, but approximately 600' in 8-9 days. Why they need 120 days is beyond me, so you can get a sense here that we are going to have to draft our bid documents to meet our needs and they are going to have to bid based upon those needs. I think that what we have done is sort of bracketed a worst case, but it creates a 2652 PELICAN BAY ADVISORY COMMITTEE OCTOBER I, 1997 i 661 workab~ modal by which we can continue to negotiate with the regulatory agencies to bring closure. Quile frankly my judgment is, lhat the only thing unresolved at this point are matters which rest within the Corps and their consultants to get resolved and which relates to the deta'l of these revised excavation protocols for the main channel, defining with specificity the exact parameters and operational characteristics of the spoil disposal site and the excess sand that goes on the beach. Once we have those things in tow, we will be able to push things through. One of' the issues that came up and was not obvious to all of'us, was that when you are dredging you are not only taking up material, bin huge quantities of water and what do you do with it. This is now very turbid in the sense that it has fines and soll panicles and the like in it and is estimated to be somewh¢ 'e in the neighborhood of 3,500-3,800 gallons per minute. One of the things we are doing to accommodate that, is that where we dispose of' the soil as it comes out of. the cyclone it will go into a stepped series of holding areas to bleed off' in the bottom of. a pipe which will discharge it out into the mangroves. Dr. Snedeker has given his opinion that this is perfectly fine. As long as the tidal mechanics are working efficiently in that area, you can put as much water in there as you want, as long as it takes it out and in fact would be preferred because that is nutrient rich material being deposited. It will have to be monitored very closely and if' there is ever a time in that process where that isn't working we will have to shut down and adjust and make some other arrxngements. The challenge in that particular arena is to solve that engineering problem at the front door. Mr. Brown continued that right now the on-going activities involve taking revised cross- sections through the channel. This is necessaB, to increase our awareness of the types of materials actually in the channel as marked. We will also want to do that in order to quantify 2653 PELICAN BAY ADVISORY COMMITTEE OCTOBER I. 1997 1661 what the new q~antities of material are. We will be doing a series of soil borings and I believe all are underway as we speak. We are doing the research of the tidal dynamics in the area where we anticipate disposing of the water that come~ out of'this. We have completed and have the product material and cyclone separator, we do have Cuts 1, 2 and 3 done in terms of locating where the material will go. I am in the process of doing what is the final dimension of rewriting the portions of the Plan in accord with the revisions to the Plan which I have discussed with you here. I would anticipate if all goes well, to Rnd to you and the agencies a redline version of'the Plan within the next two weeks. Once that is done we will sit down with the Army Corps of Engineers and DEP to Mart tn put their special conditions on top of the Plan itself. ! can report to you from my meeting with the Corps of Engineers, we called b{r, Silver who is Mr. Clough'$ superior out of Jacksonville who is basically responsible for this part of Florida and I told him that we wanted to come up and take him through this. tie ~uggested we do it differently and he would come down. He u~d the words I wanted to hear "let's get that information clarified and I think we are ready to issue our Notice of Intent to Issue", I feel very encouraged. There is a lot to do, but we are going to try our best to make this happen before Thanksgiving and have the permit in hand so we can stay on the schedule we talked about at our last meeting and I think we can do that. Dr. Varley stated that he understood ~{r. Brown from an earlier meeting that from the time they issue their Notice of Intent it would take three months for the bureaucracy to work before the final permit was issued, or how long does it take? Mr, Ted Brown replied, thirty days. Dr. Vadey stated that would have to be by the first of November to have it by Thanlagivin$. 2654 i:~LICA?4 BAY ADVISORY COMMTITEE OCTOBER 1, 1997 16Gl Mr. Brown stated that it is an aggressive goal, but the reality is that he wanted the agencies to accept a before Thank~givlng date M n target. My personal expectation that if that happens it is really terrific, but to try to have it the first two weeks of Oeeember. Mr. Young asked the noise that would be involved with the cyclone separator?. M~'. Brown replied that he does not know. It is a large cone shaped deal where the material is pumped in at the top and fore, ed around like a cyclone and by using a variety of screens the fines stay above the screetts and are pumpc, d out into our ponds with water, allowed to settle and the water discharges. The sand drops out of the bottom into a pile and is pushed off by a dozer. I 'lo not think it has enou~ noise to it to impact anytx:My's living accommodations. I suppose that if you are at the beach while this is going on, there may be some noise associated with it then, but I don't know how you avoid that. Mr. Young stated that we should find this out so that we can do a little PP, ahead of time. bit. Brown replied that there was no question about that. That applies to the dredge operation in the channel itsdfand the amount oftg. rbidity they are likely to see in the water while this process is going on. There are a number of issues like that which will need to be focused on. Mr. Flatto asked if there has been any conclusions in terms of the four bidders of which you are focusing on? Mr. Brown replied that all three of them are qualified, but the company that wished to bid on Cuts 1, 2 and :; knows they are the only game in town and will take advantage of that. I think it is going to be very important to find some additional players in the arena. The other two are people who have previously done work and have had a good experience with the County. Based upon one meeting with them and from the timeliness of their reply to the series of questions that I 1661 PELICAN BAY ADVISORY COMMITTEE OCTOBI~ I, I gg~ asked ~d the consistency of'their answers, both would seem likely. I encouraged both of them to take · look ~t Cuts !, 2 and 3 and think about being involved in the whole project as opposed to paris. They indicated they might well consider that. The parts with Cuts I, 2 and 3 make it a little more problematic for ordinary dredging operators. The company that looked at that is basically is in the underwater excavation arena where they would go underwater and suck things out. It is highly desirable because it is the lea.st intrusive of' having secondary impacts to the rnanlffoves in the area. It will take longer, but in the end it will be a very satisfactory result because you can do it with more precision and · lot less risk to the systems around it. We have to find some or.her players that would be interested in taking a look at this project in order to get the best prici.,g possible. Dr. Varley asked if Mr. Brown had a better feel for the construction costs a~er talking with the contractors? Mr. Brown replied that he was given a number and that number was higher than the engineer's estimate. Their number was right around $400,000. When I pressed them on that number, they ~11 said they were trying to cover and manage your expectations around me. I think what we have done is bracketed our worse case number. I think when we finish and we are doing that now by getting the cross-sections, the rmylars done and the bid specifications together, we can negotiate cer~n bid conditions to accommodate the situation, we will be able to get the pricing much more in line with where we want it to be. There will be some increased cost in using the cyclone, but I think it will more than pay for itself'in terms o£the end result and what it enables us to do in straightening out lhe chltnnel for long term maintenance and preservation ofthe ~'stem. I am pretty comfortable at this point with all of'that. 2656 ^ V SO V CO XTT ! 6 ! OCTOBER 1, 1997 Dr. Vadey stated that he has never seen a total estimate package of costs and asked it' it could be out together? ?,ir. Ward replied that it is in lhe 1997.1998 budget, but ! will puli it back out and send it to you. Dr. Varley stated that ha is concerned that the more money that is spent on the permitting e~l of'the project, are w¢ going to have enough money in the end to do the construction? Mr. Brown replied that the ~nswer is yes. The longer term financial exposure to you where you have some potenti~ to have to readdress this lies at the end or' the period after you have finisl~ed the series ofstudies on t'reshwater, which we will be obligated to do. You will then be obligated to develop a series of'action plans that are driven by the results of'that study. Dr. Vadey stated he knows that has been said, but he would still like to see the numbers. As he recalls it, the estimate for those was around $I00,000. Mr. Brown replied that the figure was around $250,(XX) to do the studies. We have not contracted I'or any of those. One of the things that ! have tsked Wilson, l~,tiller to do is to take the g~ of the narrative that is within the PLzn itself and provide me the specifics of what it is you are going to do. Wben we talk about monitoring ~oundwate~ along the western boundary of the upland area of Pelican Bay, how many wells are you t~king about? It makes a difference whether you do six or you do twelve. going to conduct a study to do that. scenario. That was never specified, it simply said generically we are Again I think they have bracketed that in a worse case Dr. Varley asked if the schedule that was in the original Plan is essentially the way Mr. Brown still sees it being done? 2657 PELICAN BAY ADVISORY COMMITTEE OCTOBER I. 1997 1661 M'r. Brown replied in the aftlrmative. Dr. Varley asked it'the dredging of the canals was dependent upon the Turtle Nesting Se~,on? Mr. Brown replied that the only part ot-the project that will be dependent upon the turtle season is the main channel cut. That is the ofdy place we will have actual activity on the beach. The other excavation cuts are material stored behind the dune line so it does not impact turtles. Mr. Brown explained that with regard to the navigation issue, the F'DEP has formally accepted the adjustment to the Plan to accept the County's Ordinance 9(>-16 which basically leaves status quo where it is. However, they have requested that the Plan incorporate that the County be willing to adopt a refinement ot- that which says in effect, that it' it is determined that boat tratTic is the cause of increased destruction ot- sea grasses, manatee, mangroves, etc. then they would expect the County to enact more rigorous boating controls, including the possibility of' banning boats. The language can be played with, but I have not yet had the opportunity to have discourse with anybody in the County about that. I think it is going to be very hard for the County to talk about this as a Natural Resource Protection Area on the one hand and then acknowledge a causal link between boat utir~?.ation and seagrass deuructlon that you would be unwilling to up the ante in ternu of' controlling that traffic. The State has very artfully tested the level of'commitment ot- Collier County to this resource as an ecological resource, by asking for that little tickler on the end ot-Ordinance 96-16. I will be dealing with that and feel reasonably comfortable that it can be resolved satisfactorily. 2658 I~LICAN BAY ADVISORY COM~TI'~ OCTOB R I, 1997 16G1 Dr. Vadey stated that he likes kb. Brown's version much better than the version he got from the two agencies that deal with fish. I thought they were pretty explicit and quite clear that they did not like this Plan at all and were oppo~,d to it. Mr, Werner stated that he w~med to register his confusion with the water ~ssue. We are going to try to do our best to stop putting as much water as we can into Clam Bay and now we are going to take the water from the separator and stick that into the mangroves. I am confused. The Seagate culverts were mentlored in that we ate going to get the City Manager to sign off on that. You still do not intend to proceed with that until about May? Mr. Werner asked if the Seagate culverts would still be installed regardless of whether or not it is required to keep Clam Pm opened7 Mr. Brown rcplied that it is required. Mr. Werner stated that he did not know that. Mr. Brown stated we have been working on that for a year and one half:. Mr. Werner stated that his understanding from Mr. Tackney was that it would not be hurtful, it may be helpful, but it was not certain that it was needed until we had the other improvemcms complc~ed. Mr. Brown replied that it is going to be a requirement under the permits. If we were unable to get the City of'Naples concurrence or alternatively unable to 8et the easement from the Naples Cay Master Association would it be a fatal flaw to the ultimate operational characteristics of'the system7 The answer is no, it would not. To infer from that, that it is a luxury and just nice to have is too far of a leap in the other direction It is the cumulative judgment of this team of 2659 _OCTOBER 1, 1997 16Gl '' people put together to represent you and in the cumulative wisdom of the regulatory agencies that permit it, it is more than nice to have for several reasons. ~rst is, that we have now satisfied evep/body that matters, that it will have no adverse affect on Doctor's Pass. Ifyou do this system without the flap gates and leave k ts is, two things happen. Right now because the head d~fferenfial in terms of the tidal prism on Venetian Bay represents about 80% of Gulf' tide and on our side we only have about 25%. That volume that flows back and f'onh through those pipes is very agg~ive, something like 5 cubic t'eet pet second. It is almost like a rapid in high/low tide exchange. So what it serves to do is to keep the water quality reasonably good. When we finish the channel excavation we are talking about, we are raising the Clam Bay side to about 75-80% or higher of ,he Gulf' tidal prism which means that we basically equalized the system on both sides of those pipes. The result of that is that you now have a classic dead end system. Water will flow back and forth and be very lazy compared to what it is now. The potential for having adverse water quality is now heightened, without the pump affect. What the pump effect does from the valves is tOow us to take the water from the end of'Venetian 13ay and pump it out through Clam Pass. We then no longer have a dead end system, which means we have a very real prospect of significantly enhanced water quality at the end of'both systems and over the length of two or three tidal cycles we are forcing that volume of water out of Clam Pass and encouraging increased scouring in the maintenance of'our system. Mr. Werner asked if'there has been any agreement entered into w~th the City of'Naples or Seagate to increase the length of'the culverts or anything like that at our expense7 Mr. Brown replied that nothing hu been done. Mr. Werner asked if there was an intent? 2660 'm, CAN s^¥ AnV SOR¥ coM ,rrrr oerosE ,!, Mr. Brown replied no. We are going to enter into an agreement, but rot to increase the length of the culverts. We are going to put three new culverts in, the flap gate on and restore it to where it was. Mr. Werner stated this is the fa'st he lad heard o£new culverts. Mr. Brown stated new culverts lave been discussed on a variety of occasions. One of the existing culverts is nearly collapsed and it makes to m~se at all to spend a lot of money to go in there and place a flap gate when you can do it once and do it right and not worry about it. Mr. Wemer stated that figure at one time was 570,000-S75,000 and asked if that figure was sty good? Mr. Brown replied as far as he knew. Dr. Varley stated that he is concerned that residents are starting to come back and my experience is that their first question is, what is going on with the mangroves? We promised some kind of' a summary of the Plan and all summer long the feeling has been it'we just wait another couple of weeks we will have something to report. I think we are at the point where we should do something. Mr. Brown stated he had no objection to that. Dr. Vadcy stated he would make a stab at it and would need a lot of help from Mr. Brown. Mr. Craighead stated that one letter he has been copied stated that Naples Cay wanted to widen that road which would result in longer culverts. Mr. Brown replied that we will not have to do that. I met with Mr. Pisner of the Naples Cay Master Association, and he indicated that the vacant piece of land to the right of the culverts 2661 PELICAN BAY ADVISORY COMMITTEE OCTOBER 1, ] ~7 is likely to be developed in the next three years into a condominium site. Mr. Pisner indicated that in our perfect world we would like to widen the road coming into the community and we think that i~ would be useful if we could add some extra length on those pipes so that we could fill on top of it and we would not have to tamper with it again. He asked if there would be any objection to that? I told him that I had no objeetion, except that I do not want to pay for it and to the extent Ihat I agree to run it up the flagpole of the regulators and get any resistance at all to this project, I am going to back ~way from it like a hot potato. I didn't have to run it up the flagpole. After I talked about it with our engineers I learned some things about pipe and putting it in which indicated lhat it is not jusl a simple process ofadding more footage. The length ofwhere it would go would involve a considerable amount ofunderstory stabilization that would be very expensive. You Would have to permit remov~ of existing mangroves along the perimeter of where that fill would probably take place and that was enough to tell me that is som~hing I didn't want to do. Dr. Vadey stated the Touris~ T~ has paid for cleaning out the pass and asked if they would be willing to help fund any portion oflhls? Mr. Brown replied that he h,u not talked to this issue. Dr. Varley asked Mr. Ward if that was worth taking a look at? Mr. Ward replied that it is and he would take that responsibility. B) STATUS REPORT OF' PROJECT M'ANAG~R FOR PERMIT IMPLEMENTATION ' Mr. Ward explained that this item was placed on the agenda to give you some clarification from your meeting last month relative to how we will operate under the Restoration Project, at least from now until turtle season. I have intended to show you the four basic projects that are 2662 S^V AnV SO V underway in the form of' tidal creeks, ~am Pass cuts, Stormwatcr/£reshwater analysis and the Seagate culverts. To show you how many contractors w~ would have on site at that time doing that work znd how we will accumulate that through PBSD to the Advisory Committee. I have tried to hav~ Mr. Lukasz put together what w~ look at internally as the coordination efforts rdafive to budgeting and consultants proposals For the design work, specifications, bidding process, etc. The job description has been held to one page and hopefully it will clari~ how we will operate and we can make any changes. Dr. Varlcy stated that he likes the idea, but is confused. In the Minutes of our last meeting the question which was uked and voted on, was do we hire a consulting engineer to be the Project Manager or do we hire a single individual reporting to you? Mr. Mudge and Mrs. Obley replied to get Ihe engineering firm. Mr. Mudge went on the make a proposal that carried 8/2 that we get the engineering firm. The next thing I now, Mr. Lukasz has now been appointed as Project Manager. Mr. W~d replied that he thinks h is Still consistent with that. After the meeting I went back and read the Minute~ and was trying to figure out where you were headed and understand exactly '*hat you were talking about in your definition of'Project Manager. Maybe I was talking somewhat differently in terms of a Project Manager. I think what we were losing in the discussion was, what do we do as PBSD on a daily basis internally, in terms of ho~v we manage whatever the consultant is that we have within PBSD for purposes of'doing a large construction project. When we were talking about a Project Manager for purposes of' managing a job, l define Ihat as managing the design elements and contractc, r in terms of' the day to day inspection work, ensuring that the construction project is built in accordance with the Plans and Specifications and 2663 F'~'~ICAN BAY ADVISORy COMMITTI~ OCTOBffR !, 1997 16G! ' getting to the point of having · certification of those Plans and Specifications at the end or' the constmctk)n period. Above that, we have an internal managed proces~ where we manage our own internal budgets, manage our own internal bidding process and we manage the preparation of the busin,~___, part of our specifications and some ofthe coordination efforts that are required that I have internally to deal with either consultants or contractor~ working with you. [ have tried to put thai concept back together for you to get · feel of how we manage that internally. We were ~aying the ~arne thing, but defining it somewhat differently. I am showing you how we intend to manage it internally for you and how the Project Manager which is essentially the design consultant will go out and do his job. Dr. Varlcy asked Mr. Mudge if he felt com£onable with this.'? Mr. Mudge agreed. Dr. Varley stated that is not what was said last week. Mr. Mudge stated he is going back to the old PBID days and that is the way we did it. Mr. Ward stated trat Mr. Mudge is familiar with the PBID days and this is exactly what we did in those days with respect to how you manage a project. The more I thought about it, I finaIly figured we were using Project Manager with two different definitions attached to it. I put it on a piece of' paper where you actually got to see how the flow would operate within the organization and still understand that the design consultant, whoever that was, really is an important player in terms of moving your project forward. Mr. Griffith asked ifthe tasks were work to be done after the permits are received? Mr. Ward replied in the affirmative. Mr. Griffith uked if Mr. Luka.~ was here daily and always accessible? 2664 PmCA. v soa¥ comm-rz _oc'ros R 1 g l Mr. Ward replied in the affirmative. I thought it would clear up the concern of how we operate internally. Mr. Werner stated that it makes a lot of sense to have Mr. Lukasz in that position in as much as he is still going to be involved post constmclien when we get into the monitoring. What I am not sure about is his qualifications. Is ha going to he heavy enough to stand up to some of these consultam experts, engineering firms, etc. and is he experienced or astute enough to question costs that may be outside the bounds of reasonableness7 Mr. Ward replied, yes. Mr. Luka.sz has been with us t'or live years. He came from the County Utilities Depanrnent as a Department Head and he has been with Collier County for a long time At the time he came he was not particularly well experienced in landscaping and the kinds or'things we do here, but he brought a significant amount of management experience to the Division in terms otr how you operate, looking at the costs and understanding how to do things. Between the two o1' ua we got it done. Over ~ years it has worked out extremely well. With respect to this situation, his experience like ali ofus, we are learning as we go along, but he brings a number of things to the table. First, his allegiance to this community on how we operate and what we do is unlettered in my mind. In terms ofoverview for costs, whether it is internal costs on payroll or overtime hours, there is no one cheaper that Mr. Lukasz. He really looks out for that stuft'and is very good at it. With respect to this project he will be that way too. In terms of overlooking consultants, he is not bashful in making sure the job gets done, reasonably, on time and fairly. I trusted Mr. Brown to be able to bring the permit to the table because I knew his qualifications. I trust Mr. Lukasz to be able to do the job. 2665 PELtCA r ADVISORY COr T'rt £ ~OCTOB£R i. 1997 16Gl Mr. Werner asked if Mr. Ward was going to make Mr. Lukasz available to this Advisory Committee7 Mr. Ward r~lied that he is not too good at that one, but I will help him with that. Mr. Craighead gated that when he looks at this orga~tional chart he would hope that Mr, Brown corne~ to ua by December with all of the permits in hand. Do we write him a check at that time and pay him offand is he gone then'? Mr. Ward replied no, Mr. Brown's role changes at that point. We move the balance of the team into place for purposes of design and construction. You need to keep Mr. Brown around on Iome g~rt of an hourly basis in case · problem crops up that is going to take a heavy hitter on an u neede~ basis. Mr. Brown's job description changes at that point. Mr. Gfiffith L~ked if'his role az that poim would be at our request7 Mr. Ward replied yes. He is going to be more Mr. L,ukasz's liaison at that point. If' there is a big problem, Mr. Lukasz is going to he the one that know~ and is going to say he needs Mr. Brown to do tach and such. Mr. Hasson asked how we are going to budget that7 Mr. Ward gated that first ofa/I it is not going to be ~ignificant, but there are going to be su~cient funds in the Clam Bay Restoration Fund to handle that for about six months. Mr. Young stated that the organization chart is helpful and asked where Dr. Hillestad and Dr. Snedeker come in? Mr. Ward replied at the Clam Pass Cuts I, 2, 3 and 4. Mr. Young stated that we do not show a. contractor under the stormwater/£reshwater analysis and asked il'we are going to do that in-house7 2666 PELICAN BAY ADVISORY COMMITTEE OCTOBER I, 1997 16Gl '' Mr. Ward replied no, there is no contacior to build it at this point, it is more s study Mr. Young stated that we are not showing who is doing it. Mr. Ward replied that Wilson, M'dler is doing it. Mr. Werr~ asked ifthey are doing it automatically? Mr. Ward replied, no. That is going to come to you in a few months. Mr. Young asked if Wilson, Miller is the consultant and are they dso going to do the Mr. Ward replied that it is either a Wilson. Miller or someone like a Missimer and Associa, .'s that would do that It is too early to tell because we do not know what the scope is going to be yet. That ha~ to get written before a consultant decision can be made. Mr. Wemer stated that ~c. ope was six steps with the first being the stormwater detention which has already been done to see if we had extra storage space. Then you get into a vegetation analysis, irrigation requirements, then to retarding freshwater flow into Clam Bay, monitoring groundwater flows, etc. Mr. Ward replied that the balance ofthose studies have to be refined. Mt. Wemer stated that it seems that a lot of that could be done in-house. Mr. Young stated that to finally dear this up, the analysis work, are we going to do that in-hou$~? Didn't the Conservancy at one time come here and say they would help us with water analysis7 Mi'. Ward replied that was water quality work they had proposed to do and had nothing to do with f'reshwater/s~ormwater analysis. That will be a condition of' the permit as it comes out 2667 I~LIC~ BAY ADVISORY CoMMrI'I'EE OCTOBER I, 1997 16Gl ', !I · Rer consimctlon. Wlx>ev~ we use L~ mother dec;don you make in the fiamre. As indicated there are six components of the analysis, starting whh is iht're additional slormwater area. Mr. Young slated, so there may not be any ~unher contracting in that area? Mr. Ward replied, may not. I just do not know yet. Mr. Ward continued that he hoped this helps people understand. Dr. Vadey slated that he think~ it is wonderful, but the Minutes of'the last meeting do not reflect this. Mr. Hoyt slated he is concerned about that. Dr. Vaday stated we ~ther have to rever~ the decision we had last month, or we have to get W~l~on, M~ller in the box that Mr. Lukasz b now occupying. Mr, Ward slated that whatever you want to do is fine w~th him. I was just tr~ng to clarify what you were trying to do. The Motion Maker tells me it was consistent with his motion, so that l~s me a whole lot w~th respect to the motion. Me. Mudge smed that he is confused. The motion was written word for word and is what I meant. I meant u~ng the team and the team was Wilson, Miller and our people. Dr. Varley stated the statement on Page 26211 o~' the September 3 Minutes, was "the engineering £u'm". On the next page you proposed that we go ahead with Wilson, Miller and the team. That is not an indMdual reporting to Mr. Ward as it is now s;ruclured with Mr. Lukasz. Mr. Mudge stated that Mr. Ward is running this thing. He is going to use Wilson, Miller and his people, not with a whole bunch or' engineering firms that we were talking about during flat meeting. 2668 PI~I~ BAY ADVISORY CO~ ocroB~ 1,,, 1997 1661 Mr. Ward stated that when he went back and reread it and was thinking about it, what I wu trying to conv~ wu a Project Manager in terms of the design elements for each of the four to t'we different phases. If I did not anicul~e ~ ot say that well enough in my Memorandum, then that was my fault. I was a~so, aRer the meeting, trying to put together this organizational chart and job description of'how we were going to internally manage that process for you. Dr. Varley stated that he thinks he knows what we are doing, but wants everyone to be sure that they understand that is not what I read in the Minutes. If it is now going to be spelled out in our new Minutes and everyone is going to be satisfied with that I will be happy. V-. Young uked il' we could call Mr. Lukasz a Project Coordinator and the Project Marager is the consultants? Mr. Ward agreed. Dr. Varley stated that this says to us that Mr. Lukasz is responsible For managing this program and this is his job description. Mr. ltoyt stated that he does not lhink it is. Mr. Ward stated that we will solve the problem by calling Mr. Lukasz a Project Coordinator. The design consultant team member will provide the inspection necessary on a periodic basis whether daily or weekly, or'the comracior, to be in a position to ceni~ to you that the project wu constructed in accordance with the Plans and Specifications. Mr. Lukasz will coordinate the contractor, the bidding, knowing when they are going to be out there, knowing when to call Wilson, Miller to go out there and do that work, etc. I don't care the nomenclature you want to attach to it, but that is how we will do it. 2669 ~OB~ I, 1~7 Mr. W~ stat~ t~t ~ ~ts to m~e ~e t~t Mr. Mudge'~ motion ~ys that we ~e ~ d~te~ ~tt~ to u~ng ~I~ ~ ~ we ~e oily committ~ to using thcm i~ we ~e a~le ~th t~r pro~. Is that ~ght7 Mr. Mudge ~al~ t~t we ~ going to ~ve to a~ on th&r propo~ ~a7. ]E it is a ~l~s ~~, o~ we are ~t going to a~t it. Mr. W~ uk~ i~ the ~o~ ~ going to ~ back thr~ t~s Com~tt~ for a~ Mr. Mudge ~ated t~ a~ ~s. Mr. W~ ~plai~ ~t ~ ~ ~ ~ w~ ~ ~ go~ up 4~. ~t is ~~ J t~t t~ ~e ~s ~ t~ ~ ~t th~ ~e doin~ ~t we are the on~ pa~n8 ~. Mudge ~pr~ t~t ~ ~ t~ing ~ the t~ and when I talk tea~ [ wu ~ng ~d~ ~11~ T~ & ~t~ ~c. ~t is t~ t~m t~t is going to do the~ ~j~s ~ Mr. W~d is t~ o~ t~t ~ ~~le. Mr. W~ uk~, r~rdl~ ~. W~d ~plain~ I~t ~ u~a~s w~t Mr. Mudge uid. ~en you talk ~ut ~ ~~ ~, ~ ~II bring a ~o~ back to y~ ~or the d~ el~t ~d if you do not ~e t~ pr~ we d~l ~th it at t~t ~i~. ~. W~ stat~ t~t is ~. Mr. H~ ~at~ that und~ t~t ~t, then all o~ these con~Itants have this ~ob d~ption ~is is no longer Mr. Luka~'s de~ption. 2670 PELICAN BAY ADVISORY CO~ 1 6 [~ 1 OCTOBER l, ! 997 Mr. Ward replied that they are going to prepare the construction specifications and Mr. Luk*_~ will review the cons~ructlon specifications. Mr. Ward reviewed the details of the job description with the Committee. Mr. Hoyt asked ifthe explanation could be put on paper so that everyone understands? Mr. Ward agreed. DISCUSSION OF COMMITTEE INVOLVEMENT WIT].{ PBSD PROJECTS Mr. Werncr explained that members of this Committee and members of the community should be more involved at the beginning of the decision making process when considering various alternatives, rather than wait until the end of the process and we just get to say yes or no. We are the ones who either live or work here, some of us do both. We are the ones affected by the decisions that are made by this Committee and I just suggest that if there is sufficient interest to have various members appointed to 'Tact Finding Committees" and work with our Manager on a number of issues that affect our community. My idea would be that this "appointee" would then ~olicit I~veral other membe~ of the community to work with him on whatever issue it might be. They are restricted to work only on 'fact timing". They cannot come in and make recommendations. {f you start to make recommendations, you become subject to the Sunshine Law issue whereby the meetings have to be public and recorded. I am really not sure how you separate "fact finding" from "recommendation making", but we have to try to do that. Some Igea$ I was thinking about was perhaps Clam Bay, budget, landscaping. I have heard so many complaints about the aquatic plantings, maybe someone wants to get involved in that. Street signs, lighting,, entrances and security are all ideas. Again, a Committee member would get several other residents involved to bring back the facts to this Committee. If we do that we 2671 I~LICAN BAY ADVISORY COMMIT'rE~ ocros would encourage more involvement by the residents and may even lessen the perception that this Committee is some type of an elitist group. If there is any support here, X would like to proceed Mr. Hasson stated that without giving it a lot of thought, it appears we are going to complicate our lives. I have to wonder whether it is worth it or not. You are going to get a lot of' little committees reporting to this Committee. Is that what you want? Mr. Werner stated that the alternative is to tell Mr. Ward, you can continue to make ail of' the decisions for our community. Mr. Hasson stated that is what he is doing now. Mr. Werner asked if he wanted that to continue and if that is so, then you are not supportive of it? Ms'. Hasson stated that maybe Mr. Ward then has to start working more closely with the Committee. Mr. Weber stated that is not w~t he is saying. Mr. Ward works fine with the Committee. We e~ up getting the firml altemative~ and you eventually ~ay yes or no. W~at I am wf~ng is that perhaps you ought to be involved in the process from the beginning Mr. C~ffith asked if a Adv/sory Committee member had to be a part of the committee? I am confu~-d about the Sunshine I~w relationship. B,~. Wemer ~tated that basically the County Attorney explained to him that you ~an appoint a Bo~d Member to head one of the~ corn~ttees, obviously you cannot have two Board Member~ on it. As long a~ it is "fact firgfing' and not making recommendations, they are not v.~ject to the SunsM~e L~w. 2672 PELICAN BAY ADVISORY COMI, flTTEE OCTOBER I, ! 997 Mr. Harrell stated that he would l~e a clear definition of"Fact Finding". Ir people are going to get together and say this is west we think lighting should be, that is not "fact finding". Mr. Mudge stated that you usually want a committee to come up with a suggestion of a cou~ ofaction to take. That is when you start to get into problems. Mr. Harrell stated that he could deal with it if he knew clearly what some examples of "fact finding" versus "r~xmlme~ation" are. If' "fact finding" is saying here is twenty-four different kinds oflamp~, Mr. Ward can do that. Mr. Cra~ghead stated that he personally would not serve on any committee as a member of the community, if he was not pri~ieged to make a recommendation. Mr. Werner ~tated that the County Attorney, in his letter, defined "Fact Finding" as "information gathering and reporting. Il' however the group that you propose possesses or exercises not only authority to conduct fact finding, but also to make recommendations, then the law considers that the group is participating in the decision making process and is subject to the Sunshine Law". I~'. V~ley stated that we hav~ ~ issue before us right now where this would be reD, clear. The bikepnth is an issue where fhere i$ a lot to be said on both sides and I don't think we have seen both sides. A group like th|s would be perfectly positioned to be able to explore both $~de$ of it and say here are the pros and cons, make your decision. We as a group would make a better decision hav~ng that kind of input. I think there are a lot of people in the community that would enjoy that. 2673 sA',,' v som, co rTn's .OCTO S , Mr. Griffith stated that in the County there are Committees that arc selected by the County Manager and they have Committees selected by the Board of County Commissioners. Are both subjec~ to the Sunshine Ltws? Mr. Werner replied that no, ifthey are tact £md{ng and the answer is yes, if they are going to make a recommendation, even to the County Manager. Mr. Harreil asked what we would learn if' a group of people would study bikepaths? Some ofthem feel one way is right and others feel another way is right? Dr. Vadcy replied that one of the things he would like to know and has not had the time to research regarding the bike paths is, can it be enforced by the police? I think the answer is probably no, but I do not know that for sure. Mr. Hasson stated we asked an officer that question and the answer was yes. Dr. Varley stated 1 would like to have somebody find out for sure and it means that each ofus are going to have to do this and we probably won't. Mr. Mudge stated we should use the expertise oflhe members ofthe Advisory Committee to look into some of these things. In some of my areas I bring up things and [ do it myself because I have had some experience in k. I am sure other very competent people also on the Committee have had experience that can be most helpful in making suggestions as Committee members. Mr. Griffith stated that nothing say~ we cannot go out by ourselves and collect information. Mr. Hasson stated that he has alre~tdy talked to a lot of' people about these bikepaths on his own. I have already formulated my opinion. 2674 16Gl PELICAN BAY ADVISORY COMMIE OCTOBER I, 1997 Mr. Orif~th ~sked il'Mr. Werner ~ that if one ofus decides to pull a group of'people to~ether of our own ~lection that we ~re violating the Sunshine Law because we pulled thos~ people togeth~' and di~:ussed the item. Mr. Werner replied no, only it' you brin~ it ~ a recommendation to this Committee. The r~ce thin~ in rn7 mind about laving others work with you is that Mr. Hasson rn~y hav~ twenty people he h.~ talked to about 'blkepaths. If you have four of'those people, that is 80-I00 people that had suggestions ~ inp~ from the comrnunit~ which is the pool we are representing. Mr. Don Diogene~. single family re, dent - and interestingly enough [ have just had a long conversation with Mr. Ward about this. I called him for the first time and have never been to one ofthe~ meetinl~ before. Frankly, your schedule is a little difficult for most people who work for a living. I think Mr. Werner's comment is probably one of the first times I have heard we should get sornebody involved on a community level to discuss something. I think some by the mere circlcs in which you ~unction on a day to day bt·is, may not be exposed to the community in terms of other people and their ~nterests. You just don't operate in that venue. think Mr. Werner's idea of putting together a cross-partisan group of who is represented and lives in this community and getting · little different option and outlook on things may be the thing to do. We can aH look at a black piece ofgra~ out this window and I can ask what makes the look like that. You may not notice it. You rrmy not know that in this community there is not a light on ~t night. Half of this community is in bed by nine o'clock. You go to some of the areas where the younger people live and they would like to have some lights on so that they c.a.n go out ~ walk the dog. You cannot even waJk the dog at night. You could get killed by a car driving down the street. There are all sorts of things like that. I happen to be a home owner and maybe I 2675 PELICAN BAY ADVISORY COMMI~E OCTOBER !, 1997 look at things a little differently. I am looking at the dead pine trees that are prevailing. The big blanks being created in the medians. I see the guys working like slaves. If there was ever a situation where we were up north, you could never treat people and have them work under the conditions they work here. These guys are truly operating in an incredible environment for the money they are getting. To put these things in perspective and you talk about $75,000 for consultants, etc. Frankly, if you were anywhere else in the real world today, those dollar are meaningless. When I see a tree coming out of this ground, I do not understand why there isn't a tree being put in. When we see something dead, why isn't that truck carrying the replacement at the same ,ime. Every morning I am infuriated when I drive to my office and my car gets drenched by that lousy irri~tion water, which is also stinking now for the first time. Mr. Wemer's idea is the smartest thing I have heard so far. I frankly would like to see a cross representation of the Mr. Werner stated that when lights were referred to, we are supposed to have street lights. I know a couple of days this week some were no~ on Pelican Bay Boulevard. They are supposed to be on. I reported them to Mrs. Smith. Mr. l-lesson stated that we do not live in a perf'e~ world and all of these issues have a lot of'merit This is a fifteen man Committee and we do represent a cross section of'this cornmunity. We live in Pelican Bay and ! do not care what they are doing down in Naples. I don't think we miss too much. There are a lot of' things that are wrong and will continue to be wrong and we will try to r~tify them. Mr. Diogenese stated that this communitT is growing older and older. Now there are young people coming in, but the bottom line is, as we get older we don't see things exactly as the 26'76 .......... I[I IIII III III ......... I I I III II I II I I I i~LICAN BAY ADVISORY COMMI'rrEE OCTOBER 1, 1 6Gl young ~ople do. The young people =e th= on~ nd~ing th~ va]uc~ ~d s~din~ the mon~ on ~r ~. ~e y~ng ~ple ~e t~ o~ t~t ~e doing the re~ishing ~d ~in~ on ~~n~ It is v~ ~d f~ ~ ~le to I~ at 3:~ P.M. in the ~oon ~ I ~ked ~. W~ ~ th~ m~n~ ~ ~t ~d ~ 7:~ P~. ~ ~ ~ t~t it ~ n~ ~ ~ ~e ~ ~ore. Well, ~ k is ~. P~ple ~ 8o ~me, ~ve di~ ~d t~ ~me to a ~ing ~ t~ are im~. I ~ve ~ ~ d~ t~ ~r~ from me. Do ~ t~ t~ ~ ~ to ~ t~ ~ m 3:~ P.M. to ~ ~ t~ f~ W~ay oft~ month7 ~. V~ ~ if~. ~ ~ ~n~g ~. W~'s pro~? Mr. Jo~ I~ - St. Marlin r~id~t - ~ t~ ~ al~ ~p~n~ ~. Wem~'s ~tion ~ w~ld ~est t~t at ie~t o~ ~mitt~ ~ tfi~. Mr. ~th ~ked ift~e w~ ~ ~y to adv~i~ for help in a c~ain ~ wh~e ifth~ ~ve ~ int~ th~ ~ld cgl one pani~l~ Co,tree m~ Dr. Varl~ stat~ t~t w~id ~ a v~ o~ous way of doing it. We he~ ~ a~l lot of ~mpl~ms ~ ~t ~ch in t~ way of ~lutiom aM I thi~ in doing wMt is ~ng ~~, w~ld ~n to g~ at t~t. ~ ~le in ~ ~~ ~ve got to reali~ t~t not oily ~e t~e W~I~, ~t th~ ~ ~ve got to t~ ~n to work on ~iutions. If you Mve ~ple ~re im'~, I t~ t~ w~ld ~n to t~nk in t~s of~Mng thin~. Mr. Y~ng stated a way to do it w~ ~s not ~n di~d is to do it the ~y the ~n~ d~ it. Y~ ap~i~ a fo~ ~tt~ and that ~itt~ a~s ~thin the Su~ne ~w ~ ~ it's fo~ r~m~dation in ~ting. We ~y ~ve ~me areas in Peli~ Bay ~e we ~ warn to ap~i~ a fo~ ~tt~. 2677 PELICAN BAY ADVISORY COMMITTEE OCTOBER I, 1997 16Gl Dr. Valley s~ated that would then require ]Vfinutcs to be transcribed, published ~nd Noticed, which is what we were trying to get around. Mr. Young stated the point is, that they do not necess~l¥ have to have the ]Vfinutes as thorough ms we presently do. It' we have a topic that is important enoush to involve more people in the comn~nity, we might want to forrn~lly appoint · cornmitt~ like a Planning Commission. Mt. Harrdl s~ated that may ~olve everything. If you cannot make recommendations to mn)id the Sunshine Law, than why not be out in the open? Mr. Werner stated that there are obviously areas that we can be thinking about because we m'e goink to be spending money on them in the next f~w years, such as street signs, irri~tion and ~ntrarw~ marks3. Anything that gets more communit7 involvement, I think l am i-or it. Dr. V'arlcy asked for this hem to be carried until the next meeting and discussed further. CONSIDERATIO,",I OF R£PLANTING PROGRAM FOR TiIAT PORT]ON OF' THE DI3q$1OH'$ WATER M'^NAGEM£HT SY$TEM LYING WEST CONDOMINIUM Dr. Vsrlcy asked ii-this ha~ been di~aJt~ed with the Heron pcople? Mr. Ward replied that he has not and a.6ced ii'Mr. Craighead had discussed this with his Stoup? Mr. Craigh~d replied that he has spoken with the people at the Heron and they were pleased with what they have $~en. l~fr. Cralghead move~ seconded by Mr. Hasson and approved unanimoutly the Replanting Plan for the Division's lFater Manag~ ernent ~rea at the If eton condominiun~ Mr. Craigbead asked what the timing of this project w~uld be? 2678 PELICAN BAY ADVISORY COMMITTEE OCTOBER I, 1997 16Gl Mr. Ward replied that the materials have to be ordered which will take a couple of weeks, but by the end of Oclober we should be in place. DISCUSSION TO SET A IaUBLIC fl£ARffCG. DATE FOR BICYCLE PATHS QN PELICAN BAY BOULEVARD AND GULF' PARK DRIVE Mr. Wcrner explained that at a previous meeting which he had Chaired, the issue was brought up about bike paths and I committed to establishing a Public Hearing at a later date to get community input as to how thc'T Felt about the different options offered. I understand some new things have entered the pi~ure, but I believe we are committed to set a Public Hearing date. Dr. Varlcy agreed saying that Mr. Ward indicated at one time that we would be required to have a Public [luring. I have the Feeling that this is not a terribly momentous decision about bike paths or not, but I also have the feelin8 that no matter what you do there are going to be complaims for thc next five to ten years. Either I like it or I didn't like it, and I didn't think this was the way ii was going to be, eic. We need to be as certain as possible and as deliberate as we can, in terms of making this decision. I had asked Mr. Ward if it would be possible to put a test strip out, so that people would have the opportunity without getting committed to just see how narrow those lanes would be in ac~uaJity. Mr. Ward staled that he has not heard a lot o£people who have said one way or other that they are in total support of this issue. I hear very mixed emotions and [ would urge you to act very cautiously and deliberately. The County has offered, if the Advisory Committee wants to put that strip out there, to do that. We have been talking about the area between L'Ambiance around to Bay Colony Drive, to make that two ten toot travel lanes and one four foot bike path lane on a temporary basis. If you w~ to do that i~ can be done. The other thing we talked about was how to go about setting up the Public Hearing process. I think we both came to the 2679 PELICAN BAY ADVISORY COMMITTEE OCTOBER I, 1 661 ;onclus{on that you need to act ~o~y s. nd cauliou~ly to make sure you have true community support. This is one oftbe tNng~ that I think can blow up in your face if you are not careful with it. Maybe sending a letter out to residents outlining the proposal and invite them to a Public Hearing to provide you input imo the proceu is the way to go. It needs to be made clem' that it is not a done deal and is not the decision. It is that we want to hear from you over a period of time and pom'bly do ~orne kind of a ~traw vote to get more community input as to what they thought about that process. All are good ideas in terr~ of moving forward. The Public t-leafing date needs to be definitely after Thanksgiving, probably in January would be a good date. Mr. Ha~son a,~ed what the test would show us? Mr. Ward replied that it won't show you am/thing. drive out there and decide whether you like it or not. that. It will give you the opportunity to Mr, Hasson stated we all know what it is. Dr. Vartey replied that he doe~ not. I look at Cray~on Road and hope that it is not like Mr. Ha~son replied that is not a good example because it is a tWo lane road. Dr. Varley asked for an example that ha~ a divided road with ten foot stripes that can be driven on. 1~. Hasson explained that you should figure your car as seven foot wide and you are going down a ten foot lane. On the other side is a four foot lane with bikers. You are going to stay right behind them until you have the opportunity to pass. Dr, Vadey stated that he would like people to have an opportunity to try it before they have to buy it. I think we will get a better decision from people. 4411 2680 FELICAN BAY ADVISORY COMMrrTE£ OCTOBER I. 1997 1 6G1 Dr. V~ley ~ked if anyone was ol~a~ :o asking the County to restripe on a temporary Ms'. Hasson replied that he is opposed. Mr. Crdghead asked ifthe traffic I~m u ~ll ~ fi~ b~ke ~ would be marked? IVlt. Ward replied in the affirmative. Mr. Crfiffith asked if there were any other examples in the County where this existence? Mr. Ward replied that he cannot find any other examples. is in Mr. Werner asked if we had any liability if someone is involved in an accident on this test strip? Mr. Ward replied that there is not. It i$ a County Road. Dr. Varley asked if it could be done be{ore the January hearing? Mt. Ward replied that we will try to get it done for you as quickly as possible. The)' have I contract in pla~ that they can go out and restripe quickly. bit. Hoyt saated that when you drive down Crayton Road and encounter a biker, automobiles do not give. Mr. Harreil stated that there is no alternative. You cannot make the bikepath wider and otherwise they ride in the road, so what i$ the difference? MI'. l~_i~o replied that we have to get the bikes off the pathway. The pedestrians always have to ~tep aside. I think it is a good idea. The other problem that comes with the bikepatha is that it L~ an invitation to everybody out there to use the paths. You may have outsiders $1mp~y because it is available and is a lovely place to bike. 2682 2683 Naple~ Florida October 3 !, ! 997 LL'Tr IT BE KNOWN, that the Pelican Bay MSTBU Advisory Committee met in Special Session on this date at 2:30 P.M. at the Foundation Center, 8962 Hammock Oak Drive, Naples with the following members present: Dr. Alan Varley, Chairman Mr. George Wern~, Vice Chairman Mr. Thomas Brown Mr. Rodkey Cr~ighead Mr. Frederick Flatto (absent) Mt. Edward Griffith (absent) Mr. Glen Harrell Mr. Herbert Flasson Mr. George Hermanson Mr. Iohn Hoyt Mr. Russell Mudge Mrs. Cora Obley (Absent) Mr. Anthony Pires Mr. Charles Popper Mr. Bernon Young ALSO PRESENT Various Lukasz, '~clican Bay Field Manager. Ba,-bara Smith, Recording Secrt~ary. residents of Pelican Bay (approximately 1 I); Mr. Kyle Mr. James P. Ward, Division Administrator and Mrs. Roll Call Clam Bay Restoration Project A) Consideration of Engineering Design and Construction lnspec6on Proposals B) Budget Status Report - Fiscal Year 1998 Adjourn Dr. Vsrley called the meeting to order and asked that the Record show Mrs. Cora Obley taxi Mca~s. Fred Flatto and Edward Gdffith with excused absences. CLAM BAY RESTORATION PROSECT A) CO]'¢SIDERATION OF ENGINEERING, DESIGN AND CONSTRUCTION Dr, Varlcy explained that this was an emergency meeting to consider the engineering design and construction proposals that the Committee has received. I personally do not think it is · good idea to get into the pattern that we teem to be getting into of always requiting an 2684 PELICAN BAY ADVISORY CO~,fITTEE OCTOBER 31, 1997 em~gency meeting to get things approved, but when you are ['aced with a given circumstance, thee just doesn't seen to be any other way to do it. If the Mangrove Plan is approved in the next few weeks as we hope, we would like to turn every stone possible to get as much of the construction done the first quarter of next )'ear. This is anticipating the summe~ rainy season, that it would be well to have most it'not all ot' it done be[ore then and also that we would have one eye on the turtle season which starts on May 1. It has been estimated that the dredging is going to require at least ninety days and with turtle season starting May I, that means the latest start date for this program is February I. We are now at November I, so we have three months between now and the latest start date that we can have to have a shot at getting it finished. One of those three months is essentially holidays. We are faced with a very tight schedule right now. The procedure that we have to go through is that we have got to get designs done so that we can let them for bids. The bids have to be evaluated, contractors selected and also there is going to be some start up time that the contractors are going lo require. Then to complicate things, because we are a dependent ward ot- the County's, we have to get the County's permission to spend the money that we have raised and allocated for this project and we have to do it by the;r rules. As we do not have the permits approved yet, th:s budget proposal is kind ot-a gamble. As [ see it, we should be allocating no more funds than are absolutely necessary to keep on the schedule, with the understanding that we could lose them if' the permits are not approved. Dr. Varley explained that at a previous meeting we had a rather spidted discussion where we finally voted lo select Wilson, Miller a~ the uncontested principal engineer and manager of the program and what we have before us is the bare bones budget proposal ot' how they would go about it. We have the usual options of either approving it as it is, making modifications with the 2685 PELICAN BAY ADVISORY COMMITTEE OCTOBEP. ~) I, 199'/ 16Gl risk ofdelaylng this olTofthe critical path we are faced with, or reject the Plan outright. We have the proposal which we hope will keep us on schedule and I would like to see us not get committed to any more money than we have to, until we are certain the Plan is going to be approved. That sets the stage for what we are faced with and asked Mr. Ward to lead us through the budget proposal that we have before us. Mr. Ward explained that in order to get this on the Commission Agenda. it takes two weeka ahead of whatever meeting I need to be on. This is scheduled for Commission action on Tuesday, November 4. It is easy to pull something from an Agenda. I can do it the morning of the meeting, but I cannot add an item the morning of a Commission meeting. Based upon your actions today, I will take the appropriate action to leave it as it is on the Agenda, or to pull the item otToftheir agenda. In addition, the big question becomes whether or not we are going to get the permit in sufficient time to be able to construct this facility. I had a conversation with Mr. Ted Brown as late as early this morning, who indicated that his meetings with the State agencies have been relatively good tie is scheduled to meet with the Army Corps of Engineers on Monday of next week, in Fort Myers. Hopefully at that meeting he will have a good handle as to the status of the issuance of the permits. ! think in terms of ~ow he is intending to proceed with these agencies in concept is, now is the time for you to make a decision on the Redline Plan that you have before you. We have addressed all of the questions that we can possibly address, answered all of the questions that we can possibly answer, put everything in the Plan that you have asked us to put in the Plan and made all of'the appropriate changes to that Plan, based upon your commentt, so now is time to make a decision. A key issue next week for him is that if the regulatory agencies are of a mind set to make a decision and commit to moving forward with this Plan and be able to issue us a permit in early December, then I think we can proceed. If in any 2686 16Gl PELICAN BAY ADVISORY COMMITTEE oc'rOBER, :i !? 1997 , w~y, shape or £~ the regulatory agencies at that point say we are not ready to commit t'or whatever v~rious reasons they may decide to come up w~th, then we cannot meet the construction ~chedules in terms or getting this thing completed bet'ore turtle nesting season. It will end up waiting another whole year. The next week or two are critical in terms or the permit itsclr and making some decision as to when we will proceed. Mr. Ward continued that Mr. Brown is out or' town next week in New York on other business. 1 do have him scheduled to be here on November 12 and we have reserved this room i'or you to meet, so he can give you an update as to where he is with that permit. He did indicate that he ~,ould call me on Tuesday, November 4 after his meeting with the Army Corps of Engineers to ici me know where he is with that. I will suggest that he also contact Dr. Varley to update him, with respect to the Corps permit. The next week or two are critical in terms or' this permit and hopet'ully we will have some good news. Dr. Yarley ~tated that people can be thinking during the meeting because the option that Mr. Ward is referring to is that we cancel our regular scheduled meeting for November and have another emergency meeting two weeks from today on November 12. The other option is to have Mr. Ward report on what Mr. Brown finds out next week, at our r~.gular meeting and not have Mr. Brown here on November 12. We will have to decide today what we are going to do. Mr. Ward explained that with respect to timing, it is essentially the beginning orNovember and we have a couple of big holidays coming up. In bidding projects, the week between Christmas and New Years is not good at best. You generally intend to not get a lot or' interest From contra~ors. You really need to give them the time to look at the project, to come out and look at what we have in the field, to make sure that we will get reasonably priced bids when they come in. The sooner we I~et started on putting together the desiF, n ~pec'l, the better off we will 2687 PELICAN BAY ADVISORY COM'MITTEE OCTOBER ~I. 1997 be, It is absolutely correct that we are on a very short time ~use with these issues. The Redline version of' the Plan that has been sent to the regulatory agencies that addresses all of' those issues was really thc first time we had the opportunity to put together some proposals from thc design community as to what it is they are in fact going to design. Now we have some concrete ideas in that Plan of. what the design elements will be and Mr. Lukasz has been diligent in getting these design proposals to you in a format that is acceptable to both he and me. They are in a position now that we can at least discuss how to proceed. ~ other issue is with respect to the update on the budget I want to go over the budget with you, whether we do it in the context of' the design proposals or after that. I will leave that to yo~. We need to go over where we are in the budgeting process of' how much we have spent to date, how much we owe the balance of the contractors for the permitting side of it, where the design numbers came in with relation to our existing budget and how much we believe ~'e have lef~ in order to finish this program. Dr. Varlcy asked the consequences of the Commission approving this item and then {'or whatc~er reason thc agencies tither don't approve the permits or place enough contingencies on it that we have to take another look at it and the entire thing is off the schedule. What happens to this then'~ Mr, Ward replied that he can stop the work on any date by just advising the design professionals to cease all design activities as of the date of the letter that I provide to them. You obviously incur costs up to the date of.the letter, but beyond that there would be no costs. This is one of those times we need to make a choice as to whether or not you want to spend some dollars, I obviously want to recommend :hat we do nothing until Mr. Brown has come back to you and given you some indication as to whether or not you are really going to get this permit out by December 5, That will be a key dement of.this project. 2688 PELICAN BAY ADVISORY COI~IITTEE OCTOBER 1 I. 1997 16G1 Dr. Vado/~atcd that ~t t~ we ~II ~ k~ ~ un61 November 3 ~d the n~ day, ~ Com~on tak~ t~s it~ up. Mr. W~d r~licd, t~t to ~ fr~k ~th y~ I don't t~nk we are ~en going to know that umil ~ r~latoo' agates a~ually ~ve y~ a ~it that ~ w~t~er conditions in it that are going to ~. In t~ n~t thirty days. you are going to s~ a ~jodty of this mon~ if y~ want to ~. ba~ u~ w~t t~ re~lazo~ ag~i~ have indi~t~ that th~ ~11 be in a position to ~o~de y~ in the n~t week. We ~e simon, I don't ~nt ~o ~y ~mbling but the ~ve and t~e h~e is i~t ~h~ don't ~t ~ s~i~ ~ndltions on top of the Redline Plan that has been ~t to fl~ t~t ~411 make it unfeasible in order for you to priced. ~e ~it that ~II ~me ~t is bad,fly your redline v~sion of the Plan, which is consistent from a large dollar stand~int ofw~t we ~ve lalked ab~t. ~e k~ ~om~ at this ~int w~t the regulato~ ag~cies ~11 do in t~s of any spccial conditions that th~ ~nt to put in the ~t it~l[ We know what the 8~! conditions are. those are fine and lh~ is no problems ~th tho~ kinds of things. We k~w w~t the major Redline Plan looks like and there is no problem with that. ~e question ~com~ and the key will be, what special conditions will th~ put en the permit that may add ~ ~sts to it to make it unfeasible. Do th~ c~nge the concept in the construction phase t~t ~il ~ke it un-~nslm~le or ~m~n8 of that ~ture. ~ ~ve not indicated that there is a~n8 that th~ are going to do t~t ~vould be of great det6ment to us, but you just do not k~w until th~ ~nd you that pe~it. Dr. Varl~ stated that the mate6al pro~ded does not only contain the design, but a lot of esti~tes for the co~tmction. I deduced that there is about $1~,~ ordesign work and asked if that is the part we are focusin8 on today? 2689 PELICAN BAY ADVISORY COMMITTEE OCTOBER 31, 1997 16G1 Mr. Ward replied that you are focusing on the whole thing because once you complete the design you then have to go to bid, award the construction contracts and then go to construction inspection. The design phase of it, the $100,000 would be the portion that you would spend in the next, thirty days. The balance of it would occur between January 1, 1995 and May I, as would most of the construction dollars. If you want to delay the authorization portion on the construction inspection work, that is okay. It is on the agenda for tomorrow. You could let it on the agenda and itt it bi: approved, but we just would not authorize that portion or'it until you have had a chance to look at it. D,. Vark'y stated that he has no problem with the design stage, but has a concern with a relative lack of competitiveness in terms of the bidding. I know a blanket statement that construttion costs will be the following will have some competitive bidding,, but all of the rest of the funds are prttty much earmarked. We are deciding today that is how we are going to do that part of it. The only competitiveness from hereon will be for the construction. Mr. Ward agreed. Mr. Popper asked if it is sate to say that if we do the design element and spend SlO0,O00 for some re.tson it is delayed until next yeas, that money will not be wa:ted7 Mr. Ward rt-plied that it will not be spent. Mr. Young disagreed. Mr. Ward asked if it was the design portion or the construction portion.'? Mr. Popper replied design portion Mr. Ward replied no. that would be spent. Mr. Popper asked ir we do that and the work does not get done this year, it will not be wasted because I asrmme it can be used in the following year, is that correct? 2690 PELICAN BAY ADVISORY COMMITTEE OCTOBER 3 I, 1997 Mr. Ward replied that a majority of it could be utilized depending upon, I assume at that point the problem would be that there was some condition that was put in the permit that would delay it. That might cause a redesign ora portion of'it, so I can't tell you with any great certainty what portion of the design work that you might have undertaken between now and December would be saved. Mr. Popper stated that it is sate to say that some portion of it would have to be redone. Mr. Ward agreed that was a reasonable assumption. M-. Hasson Mked it' we were not taking a risk by approving something that we do not know is going to happen? Mr. Ward replied yes The downside risk is it' you don't, there is virtually no chance of getting this constructed during turtle nesting season. Mr. N{udge stated that we need to look at the turtle nesting season and the season that you can construct. Starting November I you can do your construction work which gives you six months. Something to consider here is delaying the engineering work a couple of months, until you have sorted out W~~ a November I ction ~tart. , Mr. Ward replied that is an option. Mr. Mudge stated that it looks to me when you look at the Christmas season coming up, there is going to be a hard time in getting those construction plans together. Although, I do not think there are many bidders on it. Mr. Ward stated that the main channel Cut #4 which is the big construction activity and the significant portion of the expense, there are not a lot of' contractors that can do that kind of work. There are two or three companies available. PELICAN BAY ADVISORY OCTOBER ~ 1, 1997 I 6G1 "" Mr. Luka~z ~tated that there are more contracto~ that can do that, versus cuts #1, 2 and 3 which t~kcs spe~'~lized sm~ll equipmc~ to get up it~o those creeks. That may be limited ~s to how many contractot~ will respond to tl~t portion of the bid. Mr. Mudge stated that he is leaning on going a little slower to make sure we have it through the Army Corps or Engineers and shoot rot a construction date or November !, 1998. Ms'. Mudge indicated Mr. Lewis put on Il very good presentation yesterday, with good bd'ormation on signs or ncw growth. I get kind of hung up on rushing fight now to push this thing thsough. Mr. Werner agreed with Mr, Mudge, but asked it'it wasn't something that should get done so that Clam Pass doesn't close again? That is supposed to be the essential ingredient on this Plan, to get the pass open. Mr. Mudgc stated that Mr. Brown is to meet on November 3 with the Army Corps or Engineers and at that point he should have a good idea ot'what is going to happen. Mr. Werner stated that he feels we are bring encouraged to make decisions today, that we are going to make with very little or enough int'ormation and there is no reason in my mind why this decision can't be made a week or two later and still have things happen. Mr. Hasson agreed. Mr. Mudge asked it' you could go ahead with Commission approval, subject to ~rther knowledge from thc Army Corps of'Engineers? Mr. Ward replied that we do not have to issue the purchase orders. Mr. Hoyt s~ated that the County Commission would not go along with conditional approval. 2692 ....... ·- ,,, nn[ Jim ~[ "- [ Ill IIIlll - F~.LICAN BAY ADVISORY COM~tlTTEE OC~i'OBER ~ I. 199'/ Mr. Wud aD'ced, saying he would let it go through, but just not issue thc purchase orders to the vendors to do thc work until the Notice to Proceed has been received. Mr. Mudge stated that he fecls thc Commission would approve it. Mr. Ward replied that il'it comes with a recommendation from the Committee. I think th~' would. 1 6G1 Mr. Mudge stated we then hold up on moving until such time ~s we receive the clear,ncc with the Army Corps of Engineers, couldn't we do that? Otherwise you are putting off Commission approval for another three to four weeks. ~r. Ward explained that if Mr. Brown is successfiJI in getting the permit on or about the £trst week of' December and you start the design phase at that point, it is going to take until the end of January to get the design ready to go and you might be in a position to bid it at that point. You are then taking from the middle of January to the end of January to bid it and get that job awarded, To construct it you are looking at essentially March and April. A sixty day time schedule to construct this activity, I don't know if it is possible and I do not know the degree of probability of getting it constructed in that time schedule. That would be the normal sequence that you would go through Mr, Werncr stated that looking at the correspondence from Mr. Drown to the Army Corps of Engineers, etc. that he was telling them that at the meeting on Monday he was going to ask them to "fish or cut bait". Mr. Ward agreed. Mr. Wemer stated that he believe~ we will have a pretty good idea of what they are going to do, we do not need the permit, but a good idea of what and if they are going to do something, before we authorize the design phase. Let's go ahead and get the money appropriated by the 2693 P£LICAN BAY ADVISORY COMI~I~£ I 6 G 1 OCTOBER 3 I, 1997 ........ Commission, but let's not issue the purches~ orders until we here a better red that it is going to go through. Mr. Ward replied that is a reasonable idc~. Dr. Varley asked ifyou would start the design part of it? Mr. Wcrner stated that you are not talking more than three or four working days. Dr. Varley stated if it is no more than that he would agree. It seems to me that there is a possibility that they ~re going to approve it, then there are so many contingencies in the small print that you have to go back and rebuild the Plan. Mr. Ward stated that he docs not think they are going to do it in this situation. We have danced with them for six to nine months, so ! think to a gre~t extent, Mr. Brown has worked out all of the issues that they would have normally put in this, in the Redline Management Plan. The question then becomes, will there be any special conditions associated with that Permit that we just don't know about'~ Dr. Varh:y asked if Mr. Wa-ncr was suggesting that we just approve this and sit on it7 We have that out of the way and if they approve it, in a week or so we can activate it and go on with it and if not, we can sit as long as they sit. Mr. Wcrncr stated that it is going to take two or three weeks to get back in thc process for County Commission approval. Let's not waste that time. Let's go ahead, but not issue purchas~ orders until we are comfortable that we are going to get the permit pretty much as it has been applied for. Mr. Brown asked it' Wilson, Milh.'r, Barton & Peek were the designers.'? Dr. Varley replied yes, with thc help from others. 2694 PELICAN BAY ADVISORY CO~D, II'I'I'EE OCTOBER ~1. 1997 16G1 Mr. Tom Brown ~ked ii'we were not going out for competitive bid? Dr. Varley slated that we decided two meeting~ ago, that Wilson, Miller was going to be ~he lead. Mr. Tom Brown ~aated that he would think that we would be in a position to tell them that they ~re going to get the busine~ if we do this and hopefully instead of telling thc~"n they have six weeks to do the job they can be g~ven a schedule io get the work done. They know ail of thc cormraints whether it be tunics, Chri~rnas, etc. and say that this has to be accomplished by a ce~ain date. We can th~n go to the Commission. Instead o£ having the customer tell you what they are going to do, why doesn't the person who is paying the money say this is what we want done, ca, you do it Mr. Tom Brown asked if the mangroves are continuing to die at a rapid rate, have they stabilized or arc they coming back? Dr. Varley replied that if you believe Mr. Lew~s' presentation, they have not only slabilized, but the)' arc beginning to come back. ! think he made the point vcry clcar that this was not necessarily a long i~d work that needs to be ! home l'r~. ~z Pop ,h,, orr to, .,, di~ssion ~t ~h~ o~h~ t~n ~he pass cJosing ~gain? Mr. W~rd replied that obviously one is the closure of C~am Pass. The other is that we ~ve ~ · relatively d~ ~n ~or ~wo years a~ my underst~ding from Mr. Le~s and o~hers is l~t is lhe m~jor rein we ~ve ~ r~o~h o~ lho~ ~n~oves. To the ~tent that you have we~th~ co~Jfions ~Bat ~!I fl~d lho~ m~ngroves ~gain, you will !o~ whal~er gro~h you have ~d in ~he I~st two years. That is a call that you have to make. PELICAN BAY ADVISORY COMMITTEE OCTOBER 31, 199"/ , 16G1 '' Mr. Young stated that except you now have an emergency pump system that we did not have before. Mr. Ward agreed. Mr. Hasson stated that Clam Pass is already closing. We cannot wait around for that again. I suggest we go along with Mr. Werner's suggestion to get this thing on the move. Mr. Tom Brown asked it'th~e was a reason we could not give these firms a due date to meet? Mr. Ward replied that we will give them due dates. They all understand in the proposals that the5 have given us, thai they have got to be complete with the design phase of this within a time schedule, such that it can be constructed during turtle nesting season. I was not willing at this juncture in the proposal to give them a stop and start date until I understood where we were headed and you wanted to go with respect to the stan date on the design. Once we come up with that phy~cal stan date, we will give them the end date For design at that point. Dr. Varley stated that he feels the consenst,s is to go ahead and get it approved and not do anylhin8 for another week or so. We have been saying lhat all summer. Mr. Young stated that he needs to get it clear in his mind what happens after the County Commissioners approves our Plan. Are we locked into this Plan? If.we are unhappy with some costs that some of these people are billing us and want to change personnel, do we have to go back to Ihe County again and ask For an amendment? Mr. Ward replied, only if' we go over the number. If' we stay under the $237,800 or whatever each of' the numbers are, I can admini:,'tratively make changes to the scope without going back. lf'l go over it, I have to go back to the Commis:ion for authorization. 2696 PELICAN BAY ADVISORY COMMITTEE OCTOBER 3 I, 1997 Mr. Young ~lated that he reels that is imporlant because we have not had the opportunity to discuss the "nuts and bolts" ot'this program. Mr. Ward agreed. Mr. Young stated that the idea is to get the County to go along with the expenditure, but I am not ready to spend that money yet, at least not the way it has been presented. Someone has got to tell me. I have never been involved with a project where 50*/, of the total costs are involved in engineering and inspection and permitting. We are spending $1,$00,000 of' which only $900,000 is going into actual construction. Mr. Ward replied that is the trials and tn'bulations of permitting work. Mr. Young replied that is what they tell me, but I see some figures here which I think are outrageous in terms of what some of Iht'se environmentalists are charging us. We haven't even had a chance to discuss any of the details of this. Mr. Werner stated you are absolutely right. We have been told that is the way it is, take it or leave it. Mr. Young asked it'am/one from WC! was here today and asked if'they were happy to go along with some ot'these costs? Mr. Ward replied that they are. Mr. Young replied that they know more about it than I do then. Mr. Mudge stated they have committed to $1,000,000 and that is it. Mr. Pires stated that Ms. Watts has articulated that before. Her same frustration is the costs involved in complex permitting situations in projects such as this. They end up spending more time on the design professionals doing various design work and construction plans and preparations, than you do in actual field work. 2697 FELICAN BAY ADVISORY COMMITTEE OCTOBER 31, 1997 Mr. Ward stated that from his experience with projects he has worked on is that when you are in an arena where you are affecting mangroves or some son of a species that is protected, a significant portion of' the costs is trying to get the permits to do whatever it is you want to do. This one boggles my mind in the sense that we are trying to protect the environment and have still spent this much money on it. We are not trying to build houses on top of Clam Bay and that is what is the most frustrating portion of this project. I can tell you from experience that what you have spent on this is probably on the Iow side o£what I am used to seeing and that is a function of the people you have working for you on this project. We have bought and hired the best individuals that we could possibly find. I have seen projects come in where the permitting and design costs are greater than the construction costs. That is what you get in this arena and is a sad state of atTairs For anybody. Mr. Werncr stated that the other part of this Executive Summary is to authorize an increase in rates for Wilson, Miller. We have heard in the past, that it is not that important because they do not do that much work for us and now that it is time to get into some heavy dollars we get an increase in rates. Evidently they have not had a rate change since 1987, crc. but just be aware that you are ,~uthorizing an increase in their rates also. Mr. Young stated that in his last discussion he understood they were willing to go along with the rate schedule they had with us. Now I see built unto this, without any discussion of our group, a rate increase. Mr. Ward stated that in terms of the rates themselves, I have given to you the standard rates for Johnson Engineering; Hole, Montes; Agnoli, Barber & Brundage, e~c. when we talked about the CCNA process. The one thing I happen to like about this rate schedule was not so much the number, but thc way in which they have reduced the number of categories that they 16G1 '' 2698 PELICAN BAY ADVISORY COMMITTEE OCTOBEK 3 i. i gg? have. You will recall the old rate schedules had a Surveyor I, il, III, etc. but no definition of' the category. The result of.that, what ! have generally seen through the years, is that the professional consultant had the ability to put in whatever category, whatever individual they want, at any time. For example we had penon "A" who was today an Engineer I and tomorrow might be charged out as an Engineer II. You really did not know whether he was an Engineer I or I! and your agreements did not provide that you could control that. What they did here, which is unique and i have not seen this in Ihe industry, is that they have defined the levels of. 1, II, III. IV and V as to what you must have in terms of your educational background and experience and as a result of. that, makes them now accountable IO you in ten'ns of who is going to be working on the project and at what level is now a defined term and can be put in a specific category which was never a true statement in the past, Mr. Pires stated that they still have discretion of' to who they have working on a particular aspect. For example if Mr. Means in working on it, he is charging out as a Principal, which is :$135. Mr. Ward replied that he charges out as a Professional Consultant V at S1 I0 00. The only principals are Barton, Reynolds, Boutwell, Etc. Mr. Pires stated that Mr. Means is listed as a principle in his schedule. Mr. Ward replied yes, but he charges out as a Professional Consultant V. Mr. tterrnanson asked if the agreement with Wilson, Miller provided for rate increases in any way?. Mr. Ward replied that it did. It is an old agreement that the Pelican Bay Improvement District entered into a number of years ago. 2699 PELICAN BAY ADVISORY COMMITT£E OCTOBER ~ I. ! 997 profe~ionals, th~s is the basis of the amount of time they would spend on each phase of it. Those are decisions that both Mr. L,ukasz and my~lt.want to at least see in terms of'the level or' service they are going to be providing. Mr. Pries stated they are more minimum than maximum. Mr. Ward replied that they are more average than nfinimum. Mr. Werner asked it1 Mr. Lukasz and Mr. Ward have both looked over each of the proposals and are comllortable that they represent a real value to us and we are not overpa~ng or, God t.orbid, underpaylng'~ Mr. Ward replied that because I was concerned about the ~Vilson, Miller portion, I had them I~ve me the individual and hours by category that they were going to provide to us. We looked at that and made some modifications and we are both comfortable with that. Dr. Varley stated that his concern is at the end ollall or'this when we talk about design and I think we all here assume that you are going Io design the flap gates and channel cuts so that they meet the specifications. The worry that I have is, it' the specifications in any way change or anything unusual happens over the next theee or tour months, then the answer is "well that really is not what we planned on doing". There is no way to set down what the end of' all o£ this is going to be and what they are going to do. Are we hanging out here on the hook, or is this a real cap number that we are looking at.'? If' we pay so much llor the design, do we get a design that is going to work. Mr, Ward replied that he is less concerned about the design phase of it, than I am about the construction inspection phase oil it. You do not know what you are going to find when you get out there in the field. The numbers t.or the construction inspection portion of'it, the issue that I 601 2701 PELICAN BAY ADVISORY CO~,~.,~tTTEI~ OCTOBER 31, 1997 1 6Wlmq I do not think it is going to be problematic on the design you just raised, could be problematic. phase. That is pretty much ~-t. Dr. Vadey ~ated that when you have t~e design you have specifications and plans that say this is what you are bidding on and what you are going to get done. W~th the design. God knows What we are talking about. Mr. Ward slated that in terms o{' the design itself, the redline management plan has the q~cifics of exac0y bow it will be deigned, wt,,re the Seagate culve~s will be. We have su~reyed in the main channel cuts and know pretty much where the interior tidal creeks will be. We have a pretty gc.xl handle on tt~s and all of the money you have spent so tar has been really some good dollar~ in terms of what we have in terms ofbasic da~a in the field, etc. There is a lot ot' good base data out there from which to do this de~gn. We have a high degree or' specificity at th~s point of'what the design will Ioek like. Mr. Young asked if we go to the County with this proposal, the actual construction costs are budgeted at $925,000 and this is really an unknown at this point. Mr. Ward replied that the budget itself is not the agenda on Tuesday, only the engineering proposal. Once I had these numbers, I was able to take my original 1995 Budget which you had already looked at and update that, taking into consideration the design proposals to see how much we had leR o,'er for construction and make a detenninalion as to whether the preliminary numbers that we had gotten from the contractors f~t into the constraints of your ~nding levels. Mr. Young stated that it' when we get our construction costs and we cannot meet this $1,$00,000, we still have another opportunity to go back to the County and tell them what we need to spend? 2702 PELICAN BAY ADVISORY CO~,GIITTEE OCTOBER 31 ? 1997 Mr. Ward replied that yes. but this is all of'the money that we have. Mr. lloyl stated that takes us back to square one which is do we go ahead and approve final designs bet'ore we get permits. The final design as I understand it, has to outline what the permit is to do. Ifwe go ahead with final design before we get permits we're at risk at that point in time. Mr. Ward replied that you arc only at risk for whatever the special conditions that the regulatory agencies may place on that permit. I think Mr. Werner's idea is right on point. We should definitely not proceed with this until after we talk to ~,[r. Ted Brown. I want you to understar J that even after you talk to Mr. Brown, the day after the Commission Meeting or November 12, what that regulator docs between November 12 and the day he gives you that permit, wc don't know We have an idea what he is going to do and feel relatively comfortable that we are in good shape, but we don't know until you get it. You will know more than you do I~OW. Mr. Hoyt stated that he would just as soon put the pressure on them than us. If we go ahead with the final design work. then the pressure is on us. Right now it is on Ntt. Brown and the regulators to do their thing so that v.e can proceed. Mr. Brown suggested that we move the November ~leeting from November S to November 12 and have Mr. Ted Brown at that time. He can see what people have said and he can also call each of these people in the State and Federal Agencies and ask them, should the Pelican Bay Services Division go ahead and spend the money on engineering because they want to get it done this year. I have worked with a lot of'different levels of government and they will give you an indication. I have asked and they tell you they car. not tell you that, but the way they answer you can tcll whether to spend the money. 2703 PELICAN BAY ADVISORY COMMITTEE OCTOBER 31.1997 1 6Gl Dr. Vadey asked if he proposed going to the County to ask for our allowance? Mr. Brown replied that he would ask for the allowance, but not spend any of it and also tell Wilson, Miller that on the 12~' of Novembet we may say we are going to go and you are going to set a "drop dead date" and you are going to have to meet that date. Mr. Wcrner asked if we were talking about going ahead with this request to the County?. Dr. Varlcy replied in the affirmative. !~r. Werncr slated that he is confused about the numbers for the design work. I am trying to compare those with the numbers in the Operating: Budget. My confusion is that the Wilsort, Miller number is the same. If you add up Tackney's numbers we are showing authorized $42,000 and $23,500 in the Operating Budget. You had Lewis authorizing $71,500 versus $90,000 in here. Why the ditTcrences'~ Mr. Mudge stated that it totals about $2,000 difference. Dr. Varlcy stated that the answer is that there is two parts in engineering. One is design that they are going to provide during construction. Mr. Ward replied that I am off$2,000 and that is Dr. Snedeker and I will fix that. What I tried to do was split out the design element from the construction inspection and it looks like I am off$2,000. There is $2,000 more in the Operating Budget than in the proposals. Mr. Werner stated that of all of the five different elements, Wilson, Miller comes out exactly the same. [n your Operating Budget you have Tackney for $23,500 for the different phases he is involved in. You have in your request to the County $42,000. In the Operating Budget you have Mr. Lewis for $90,000 and you are requesting S71,$00 from the County. I am just curious what is right. 2704 OCTOBER 31, 1997 Mr. Ward repfied that this is right, I have to change the nomenclature. ! may have ~mebody's name wrong in the Operating Budget. D~, Varlcy asked if there was any problem if things were not included in here? There is nothing in here for Mr. Brown from here on in and certainly he is going to be a pan o£this and we are going to get charged for it. Mr Ward replied that once you have the next phase of this would be when you have construction cos~ numbers and we would update it to include that in your budget at that point where you would include Mr. Brown. We have no good numbers on that just yet. The removal ofthe dead n',an~rove trees and starter islands we do not know what that is going to cost. The $43,000 we have budgeted for rnon~orin& Mr. Lukasz has done some preliminary estimates on that and it appears that is going to come in the first year right at S43,000. The monitoring is the on-going stuff.and will be something you want to know on the 12~' of November for sure and will be an on-going item you will have to fund on a yearly basis in this program. Yes, we do need to take into consideration Mr. Brown at Ihat point. Mr. Mudge stated that there is an extra S46,000 in your Revenue Reserves also if you take 5% of.your assessments. Mr. Ward agreed. I think it is close, but I think it will work. Mr. David Roelli& Chateaumere Resident (retired employee of' the Army Corps of' Engineers) asked if. there was any real estate that has to be obtained, such as the Seagate easements7 Mr. Ward replied that the documents have been reviewed and approved by the County Attorney's office, submitted and reviewed and approved as to form by the underlying fee title owner where these So8ate culverts are located. They are now waiting on executed documents 2705 OCTOBER 31. !~7 from 1~ ~ ~fl ~ th~ ~e r~eiv~ lh~ ~ll ~ ~bmitted for ~e~tion C~my Commi~io~. Mr. ~l~g ~k~ ift~t w~ the only ~al ~ate probit? Mr. W~d r~ t~t has all ~m worked ~t and it i~ m~ely ~chan~ng do~ments at t~s ~int. Mr. R~lli8 ~ked if we ~ed ~ttm d~m~tatlon at the Monday Mr. W~d repli~ t~t ~ d~ ~. ~t ~uld ~ ~ but not likely. Mr. W~ stated t~t t~ n~ fi~ ~veju~ ab~t eatm up the $284,~ conting~ t~t we had in the ~dg~ ~bmitl~ to the C~nty. We do not have any conting~es now if~he ~tm~ion co~s are higher and ! do ~t k~ w~t y~ do th~. We have eaten up our conting~ci~. Mr. li~an~n ask~ if con~ion co~s do come in over budget, should we not be d~elopin8 a p~o~y plan wh~e i~ems can ~ ~bstituted or deleted or defened ~ that we do not ~ve an all or ~thlng silua6on w~ ~ho~ bids come in? Aren't ~here thin~ we know we would like ~o do, ~ ift~ costs w~e l~ ~ ~ ~ld def~ them? Mr. Ward r~li~ that y~ we k~ t~t, I t~nk we ~ ~o reread that p~it to find if we ~ve the luxu~ ofdoin8 that. Mr. W~ ~at~ tha~ we c~nged ~ ~h~ule We o~gi~lly had the Seagate ~lvens l~d ~he e~ of lhe const~ion and now it ~s b~n mov~ fo~ard ~o put them at the ~in~ which is ~t a S70,~ hit. Mr. H~n~n ~at~ t~l what is talking ~ut almost ~s to be decided when the bids ue ~tlm so ~t the pricing can ~ done ~o ~low for r~u~ions if the costs are high. ~o~ d~sio~ ~ve to ~ made ~fore you bid 2706 ft~ t~ aM ~a a~ th~ ~ r~iv~d th~ ~II ~ ~bmltt~d for ~tion by th~ Board of C~ C~mi~io~. Mr. ~g ~k~ ift~t w~ the only ~1 ~at~ probit7 Mr. W~d r~lied that h~ all ~ worked ~t aM it i~ merely ~chan~ng do~ment~ at t~s ~int. Mr. ~lig ~cd ifw~ ~~ ~tt~ d~m~tation at thc Monday m~ing? Mr. W~d rcpli~ t~t h~ d~s ~. ~t w~Id bc ~L but not likely. Mr. W~ stated t~t t~ n~ fi~f~ ~eju~ a~ut eat~ up the S284,~ conting~ t~t we ~d in the ~d8~ ~bmitt~ to the Count. We do not have any contingencies now if the ~n~m~ion co~s are high~ and I do ~t know w~t y~ do th~. We have ~ten up our ~ntin8~ Mr. ll~anson asked if con~ion co~s do come in over budget, should we not d~eloping a p~o~ty plan where it,s can ~ ~b~itut~ or del~ed or dcfened so that we do not Mve an all or ~thing siluation wh~ tho~ bid~ come in? ~'t there things we know we would like lo do, ~t ifl~ costs w~e t~ ~ ~ c~ld def~ Mr. W~d r~li~ t~t y~ we kn~ t~t, ~ t~nk we n~ to reread that pe~it to find i~we Mve t~ luxu~ o~doln8 that. Mr. W~ ~ated that we cMnged t~ ~h~ule. We o~8inally had the Seagate ~Ivens t~d t~ e~ of the constm~ion and now it ~s b~n mov~ ~o~ard to put them at the ~nnin~ which is a~t a S70.~ hit. Mr. lt~n~n s~at~ t~t what is talking a~ut almost has to be d~ided when the bids are ~tl~ ~ t~t the p~cing can ~ done to ~low for redu~ions if the costs are high. d~o~ ~ve Io ~ ~de before you bid it. 2706 OCTOBER 1 I, ! ~7 Mr. W~ ~at~ t~t ~ ~ ~d the R~line PI~ ~, the ~nstmction time for the S~te ~l~s ~s ~one from two weeks to ~ ~ks a~ time is mon~ and I really do not ~ ~ in t~ ~i~t~ costs. Mr. W~d r~l~ that t~e is ~ ~m Mr. W~ ~at~ that accordin~ to the Plan the time ~ gone from two weeks to six ~ worth or work. Mr. W~d r~lid ~t is tree, ~t thee is ~ additio~ co~s involve. ~ involv~ ~h l~s~nin~ ~nd ~a pipe a~ ~k~ irwe ~ve r~lly built zhis ~ra co~ into Mr. W~d r~li~ I~t ~ ~ ~ told t~t we ~. I know we ~ve cos~cd it ~t ~h ro~ to ~ssing it ~i~h l~ ~H~s com~o~ to do t~t work h is in the numbers and t~ bids ~ in ~orda~e ~th ~t we ~ ~ told, we ~11 ~ in ~ sha~. Mr. Ha~n ~i~ Iht ~ is co~d t~t we ~ve no conlingcn~ mon~. Sure as we ~e ~ttin8 ~e, ~hing is ~oin~ to ~me up ~d wh~e is this ~n~ going ~o come from? Y~ a~ I ~th k~w that ~ ~dg~ i~ going to ~rk ~t and [ w~ld like to know ir m~ ~e in~t~ ~ is t~re ~m in Mr. Ward r~li~ i~t the constm~ion ~mb~s ~e the most con~ative numbers t~t we ~vc ~n ~ from the ~fi~s contm~ors. ~ arc the highest that we have been ~ven in Mr. Hu~n asked if Mr. W~d felt comfo~able that th~ ~y be on the high side rather tl~n the Iow side? 2707 I~ELICAN BAY ADVISORY COmmITTEE OCTOBER 3 I. i 99? Mro ~lrd reptied that he is not wiHin~ to go out on that limb. I am ~l]iflg to tell you the numbers we hav~ are the highest numbers from the contractors. This kind of construction activity is not something we do ag day long. ! can tell you wl~t it costs to build a road or put a water and sewer l~ne in and can virtually guarantee those kinds of' numbers to you. T~is is a whole nc~v baggame and [ can only tell you that Mr. Lukasz and all of us have done the best we can in costin$ out this }ob. We will just have to put these specifications together and see where those numbers come in Dr. Varley stated that it is a real poss~'bility that when the bids come back we will look at them and say we cannot afford it. ! don't think that will happen, but it is an outside possibility. Mr. Ho~ stated we have that right and that is the important thing. Mr. Hermanson stated that in the Scope of'Work for the bid documents there should be an item for separatins items out which could be deductions or alternates on the basis of the conditions of the permit. That could happen and we can't say we can either do it or not do it. We have Io say that the permit allows us to do 80-904/, and we can defer these and do something later, Let's award thc contract and move ahead. Otherwise we will be stuck and should be included in the Scope of Work. Mr. Ward agreed. Dr. VarleT stated that Mr. Hermanson has had a lot of. experience with this and asked if the permit was likely to come back and say we will give you permission to do this providing you do every single bit of work? Mr. llermanson replied that this is such a unique permit that it is hard to s~y. Norm~lly the permit aJIows you to do less tl~n ag of. it because you are not impacting the wetlands or the environment as much as you are askinl~ to. You can always pull back. In this case we are asking 2705 PELICAN BAY ADVISORY CO~O, tlTTEE OCTOBER, ~1. to do some~l~ng totally different, but I would think there would be items that we didn't have to do il'we didn't warn to. Those are the things that we have to idcntiS/. When we see the permit and the cona~tions and find out what we have options on, I think the consultants need to prepare the plans and bid documems with that in mind. If. we have to save money, then we can save the money. Mr. Tom Brown stated that he was at a loss. He assumed we were doing the bare bones that w~ have to do here and I don't know what options there could be. Mr. Herm~nson replied that I'or instance, if' we cannot do the Seagate culverts, that w~s considered a so~ ot'a nice thin~, but we don't have to do it. If.we can do ali but some ot'the tidal cuts. We will do 75% of what we want, but the rest we do not have the money for. I would th~nk those things could be del'erred or deleted for future financing Mr. Hermanson asked Mr. Ward how long the permit was good for?. Mr. Ward replied ten years, five of which are for monitoring. Dr Varley asked if it would be worth having Mr. Brown inquire about that on Monday w~en he meets with the Army Corps ol'En$ineers? Mr. Ward replied that question needs to be asked. Mr. Craigbead asked it' the budges that w~s put together included $1,000,000 from WCI and our three years of S667,000 and that is the money that has been used up and no contingencies left? What happened to our 5600,000 that we had? Mr. Ward replied that this is just the Clam Bay Budses? There are other funds available in your other operating departments Mr Crai!~hend asked if'those funds could be used? 2709 PELICAN BAY ADVISORY COMMI'I'rEE OCTOBER 3 I. 1997 Mr. Ward did no! agre~ with that. Mr. Tom Brown stated that to him the mangroves are an Uninsured Asset and we have set money aside for Uninsured Assets and that money should be able to be used. Dr. Vartey stated that the Capitol Budget was a t~ve year budget and included a number of different hems. In the aggregate, the rrangrove part of this was about $0% of the total amount. It was an $80.00 assessment every year for fiv~ ~ ~ is portioned out year by year. What we are talking about is the money ca.ed over from last year, plus this year, but we do have some money left in future years down the road. Mr. Ward replied that $1,000,000 was allocated to the Clam Bay Restoration. With your levy from last year and this amount you have collected essentially $1,000,000 and along with WCI's $1,000,000 that has gives you the $2,000,000 Operating Account at which to operate this. You have Sl,800,000 of expenditures shown on this sheet and about 5200,000 which you have spent to date. Mr. Werner said to correct that, according to the 1998 Operating Budget for the Clam Bay Restoration Capital Improvement, there is only $667,000 budgeted. There is nothing budgeted for 1999, 2000. We reallocated those moneys. Dr. Varley stated that if you take the amount that was included in the five )'ear Capital Plan that we approved to begin with, about half of that was allocated to the mangroves which would be a bit more than just two years worth. Mr. Ward replied that was in the original budget and then in the 1998 Budget it was updated. When the original budget was done the contemplation was SI,500,000 from PBSD and $1,$00,(XX) from WCI. We levied initially on that concept. After the budget we had the agreement with WCI and they agreed to put in $1,000,000 and that is what we have been 2710 PELIC~ BAY ADVISOKY COM~ITTEE ocTOBER proceeding under the assumption ol. doing at $86.00 per unit per year. In the 1998 Budget I lowered the five year projection down to the $I,000,000, so you have Sl,000,000 budgeted currently in your five year Capital dement a the overall expenditure for Clam Bay. You can change that next yra' il.you need to do that, ! don't think that will adversely impact the $86.00. Mr. Werner moved that we go ~lead IJld submit the design phase .... Mr. Ward asked it' we could talk about that. Mr. Brown mentioned that earlier, but we need to talk about the design and construction phase. Il'you recall we talked sometime ago about whatever decision you make with respect to the consultants you are going to use t'or the design phase, those ~re the consultams you have to use for the construction phase. You have to be able to ¢ertiB/the project. We need to all undersland that it' we are going to move l.orward at this point, you are moving t'orward with this team and these numbers t'or both the design and construction phase ot' it, irrespective ol. the implementation date. You really need that same consultant to inspect the work that he is designing and to certi6/that. Mr. Werner stated that Mr Ward just told Mr. Young the opposite of that. The intent here was Io go ahead ami get this money approved and ii' we were not comfortable when it came back we could switch horses. Mr Werne~ asked Mr. Young il'that is what he understood~ Mr. Young agreed I am concerned that paying Mr. Lewis $135.00 per hour and we are paying other consultants with Dr.'s in front o£ their names, S90.00 per hour. I am concerned about the travel expenses he is billing us. When you start adding these numbers up we are talking thousands of dollars and I have never really had the opportunity to see what Mr. Lewis has been charging us. Has he been charging us l.or all ofthese meetings that he has been coming to? Mr. Ward replied that the meeting which was held yesterday he did not charge us for. That was at whoever's expense. In terms of the whole team, you can change the whole scope but 2711 PELICAN BAY ADVISORY CO~.~IITTEE OCTOBER ~ I, 199~ once you do the design that consultant needs to inspect his design for purposes of cer~i~ng to it. Tim is what I wzs rct'ercncin~. Mr. Young stated that it' we are passing this on to the County we are approving the ne~w W'dson, Miller contract without real serious discussion on our pan and we are approving ?,fi'. Lewis' $125.00 per hour and all or'his schedule. I don't know how he can be billing us at $.3:5 per tm'lc tot 2,500 miles so many times and staying over here and billing us t'or hotels at the same time. These are just budget figures and you will need to check them to make sure you are not paying mileage on days he is staying and we are paying his hotel. Mr. Ward stated that when a consultant slays overnight, they are required to submit all or' their' hotel bills, meal expenses, etc Dr. Varl~ stated that his understanding was that Wilson, Miller would be lhe engineers that would manage lhis whole program for us. When lh~ engage a consultant like Tackney, you mean we have to buy bolh of'them or are we just buying Wilson, ~,tiller. Mr. Ward replied that you are essentially buying each o£ them for the value for the work they are performing Dr. Varley stated that whoever do.*s the design work has to be ~he Construction Engineer on the site to assure ~hat it was done according to his design. Does that mean that ever),body who has a pan of'the original design has also now got to be a construction engineer out there attest how it was done or is it.just Wilson, Millet that has to do that? Mr. Ward replied that Mr. Lewis is not really de~qned statutorily as a consultant, so he does not give you a certification. ~,fi.. Tackney is the only other consultant because he is a hydrologist by occupation You will rely on his and Wilson, Miller's certifications which are the two most important in the scheme of this project. We have always said from the beginning of 2712 1 8 G 1 ocron , ,1. , t~t t~ ~drol~ of C~ Bay is what is ~t ~ionai ~d ~ s result of that, that is are ~ Y~ Ee re~ng on ~s ~ifl~tion ~ to the desi~ and const~ion inspection ~t~. ~1~ MiH~ is addinB ~ additio~ ~ to Tackn~ is te~s o~ assistin~ ~tlng his d~i~ on a s~iflc pi~e oF pa~. It is a joint working e~o~. ~o~cr the design pro~s~o~ is ~ ins~ ~s ~ wo~. Dr. V~I~ s~ted t~t ~ is g~tin~ back to Mr. Ward's comment to Mr. Weber ~n that y~ ~pge t~ d~ prowl and t~s i~lud~ Tackn~, ~s and Snicker, etc., your ~lt~t ~ t~t w~ d~s the d~i~ ~ ~ot to th~ be pa~ o~ all o~ the rest o~ the m~~ pans oF ~r proem. Do all oF t~ ~ltants th~ ~ve to ~ pa~ o~ ~ other pa~ oF~r pro,am or can ~s or Snicker ~ drop~d ~t? Mr. Ward replied yes, ~t t~t ~s ~ tak~ into consideration in the numbcrs that ~ve ~ pre~t~ to )'~. Mr. H~ ~tat~ t~t Mr. Tackn~ ~fied t~t ~l~ Miller would ~ the lead firm for of the p~ o~ t~ proj~ and his fi~ w~ld be specifically r~pons~ble for preparing the ~ion~ of the ~ification~ relat~ to t~ dred~n~ of Proj~s I and 2. to pro,de updated ~~ion co~t esfi~t~ a~ ~dding ~pe~sion related to dr~ging and al~ pro~qde co~lfing ~ces to t~ I~d firm related to the actual dredge const~ction. No place ~n here do t~ ~y th~ are compl~ng ~th the desi~ s~ifications. It ~cem~ to me the lcafi firm of ~1~ Miller h going to do t~t. Dr. Va~ ~at~ t~t w~t ~ theft he und~st~ to begin ~th was that we could buy t~ d~i~ package, approve it and get the C~nty to a~ree and we have the fl~ibifity to make c~ng~ if we ~h ~her do~ the line. Now ali of the ~dden I hear you ~y that i~ not ~ible. ~ y~ pick the design t~m you have picked the team for the game. 2713 A V SOm 1 ~OBER 3 I. !~7 Mr, Wud ~ai~ I~l ~ on ~nge t~ S~ a~ d~rea~ the ~ope, ~t you cannot ~8e t~ t~ at this ~int. Mr. Pir~ ~at~ I~t makes ~. ~m y~ are constm~ln8 in the field you cannot ~ve ~t~ co~ltam ~ up ~ c~i~ l~t w~t Mr. Tackn~ d~i~ed h~ ~en Dr. V~ ~ if Mr. Tackn~ is doing t~ de~in~ w~ are we pa~ng Miller'?. Mr Young stated that Wilson, Miller is on every design phase. Dr. Varley stated that originally that made ~tse to him, but now it doesn't. Mr. Ward explained that Mr. Tackney will do the design phase of whatever it is he is designing He will give his materials to Wil~on, Miller who will take that and pot it into a package that has the technical specifications, does the drawings for it and we will take it and put the business specifications that go with it and then we will bid that. You have Tackney doing some ofthe work; Wilson, Miller doing some of the work, our office doing some of the work and at the end of Ibc day we pot all of those pieces together and have a set of specifications that allows you to bid. We put that on the street and bid that. We award that bid and t. he next step is that Lukasz will take the lead and get the contract documents signed. Purchase orders will be issued to purchase the materials, we Will get the insurance certificates from the contractors, issue the Notice to Proceed, set up the pay request forms, then go out there and start the construction work. At periodic intervals Mr. Tackney will come down and inspect that work to ensure that it is being constructed in conformance with the technical specifications. In addition to that, our staff will be out there when Mr. Tackney is not there, doing some of the inspection work. To some extent that we have Wilson, Miller available we may ask them to come in and take a look at things 2714 OCTOBER 3 I. 1997 as we move ronvard. It is a team that you are ope~atlng with, w~th respect to both the design and inspection phases of this project. That is what you are essentially doing. They are single in nature, 1~ is a team concept in terms of the design and inspection phases ofthe work. Dr. Vartv/stated that he understazds the words, Ixtt it sounds like "feather bedding" to him. Mr, tlermanson stated that from his experience, if you have a team that involves coastal engineers, civil engineers and you get a permit this complicated, no firm is going to accept resporm'bility rot il all I understand all ofyour concerns, ~ you have to have all of those team members involved irrespective of the costs. Wilson, Miller is not going to necessarily know if certain components of the work are done right. A lot of these permits may not require certifications from the engineer per se, but they need the expertise available during construction to ensure that is going on. The certification is a letter you write when you are done. The work is in between. I am not surprised that they all have to be involved. Mr. ttermanson asked 'fwe are approving the whole $235,000 or just the design which is Sl0O,00(r? Mr. Ward replied the full number of the design and construction phase. Mr. Herrnanson stated that if we are recommending approval, we ought to approve the d~ign ~xt bidding because the design documents have to be prepared, ~en thoush the mono/ would not be spent until the bids come in? Mr. Pires slated that is in the Scope of Services with Wilson, Miller. Mr. Hermanson replied just so that is in there or else we have to go through this process again. 2715 PELICAN BAY ADVISORY COM~tlTTEE OCTOBER 31.1997 Mr, CraiBhead asked it' there was an'/posaibility that an agency could just flat out say no to thc permit? tstr. Ward replied that it is a possibility, but what you have done over thc last six to nine months has indicated that we have pretty much negotiated out the possa'bility and you are in the final weeks olr getting that permit. We do not know exactly what special conditions they will issue, but we are pretty close. If you choose to proceed with the design phase only and I come back to you at some time in the future with the cormruction and inspection phase, you are going lo get ey, actly the same thing you have before you right now. Mr. Werner stated that he intends to make the motion to go ahead with the proposals, but not to approve the Wilson, Miller rate increase. Mr Ward stated that this proposal will not fly. Mr. Mudge stated that you have to have that rate increase. Mr. Werner stated that if somebody else w'ants to make that motion, that is fine. My motion does not include that. Mr. Young asked how we can make a motion on anything different than what the Executive Summary is that is in the hands of the County Commission today?. Mr, Ward stated that he can pull an item otTofthe agenda, but he cannot change it. Mr. llerrnanson asked if this was on the Consent Agenda? Ir'it is then it should be pulled because this needs to be discussed Mr. Ward s~ated that there are su~cient funds in here to ensure that we indicate to Wilson. Miller that be put into the specifications. That is not something I was worried about. Mr. Hasson asked how much more is it going to cost with Wilson, Miller's increase? 2716 PELICAN BAY ADVISORY CO~dlTTEE OCTOBER 31.199? I 6G1 Mr. Ward replied that is hard to say. htr. Hermanson asked if their numbers in the Woposal were based on the new rates? Mr. Ward replied in the a~rrnative. Mr. Hasson tsked what that increase was going to cost us.'? blt. btudge replied $6,000-S7,000. Mr. Young ~tated that you are making a motion to go to the County and from my experience they have to vote on the basis orthe Executive Summao' they are now holding and the motion has to ready exactly as it stands "Recommendation that the Board of County Cornmi~ioners authorize the procurement of engineering services for the implementation phase of the Clam Bay Re~4oration and Management Plan and authorize an increase in rates for Wilson, Miller, Barton and Peek". That is the way the motion has to read and that motion authorizes $237,$00 in the de~ails of it If you go to them with any other motion, you are in trouble. Mr. $ohn lazzo, St. Marissa stated that if you start running scared to the County and changing your ground rules, how can they accept what you offer. There is no foundation for them to accept it You have to go to them with a firm plan, one that has been proven at least tect',nically that will work. Dr. Varley stated that originally Mr. Ward indicated that we could propose this, the County would approve it and you did not have to implement it. Mr. Ward replied that he did not have to issue the Purchase Orders. I can issue the Purchase Orders in phases. The concept here was to update the budget so that you knew where you were and what the balance of the engineering work was going to cost you and to get authorize for the design and bidding phase of that work and to deal with the Wilson, Miller rate 2717 PELICAN BAY ADVISORY COMMITTEE OCTOBER 3 !, 1~7 Mr. If/emer mated, and seconded by Mr. Brown that .Sir. If/ard seek authorttation from Collier County to allocate the~e mone)~ for the deign and preparation of bid~ up to $237,800 to include the evaluation of permlt conditions to allow alternatta or deduetion~ to accommodate any potentlal budget con~traint=. Motion failed l~y a vote of 7/$. Those cmttng a %¥ay" vote were Mex~ra Pire~, lIoyt, Young, CraJghead and Mudge. ,~ morion requlrts etl~ht affirmative ~tea I N IMf. Mudge moved, seconded by Mr. Ptre~ and approved unanimously, i t to approve the Executh.e .~ummar~ a~ written, Dr Varley stated we still have the option o£not issuing any purchase orders. Mr. Pires stated that the key isme is, that until the County signs the Work Authorization nothing I~gins for Wil~on, Mill,:r under that Work Authorization. Mr. Ward stated that he would have to initiate the purchase orders. Mr. Werner asked it'it would come back bet'ore the Advi~o~ Committee bet'ore that would ~ done? Mr. Ward replied yes, ifthat is what you want. Mr. Pires stated that the sixty day clock under the Work Authorization i'or Wilson, Miller starts when the County executes the Work Authorization. Mr. Ward is in control or' when the execution oi-that Work Authorization occurs. Mr. Ward stated that he would reschedule this item again on November 12 after Brown's presentation, which will give you the opportunity to authorize the design and bidding phase at that point. [J~fr. Brm~n ma,.ed, seconded by Mr. CrMghead anti approvetlI unanimously to change the November Meeting from November $ toI Nm,ember I2. I 2718 PELICAN BAY' ADVISORY COMMITTEE OCTOBER ~ I, 199'7 MR. PIRES LEFT THE MEETING AT 4:!0 P.M.) B) BUDGET STATUS REPORT - F~SCAL YEAR I998 Mr. Ward stzt~ that he would like to call the Committee's attention to a couple of issues. One is to take a look at Page 2 orthe Budget which is the Income Statement for Fiscal Year 1997 which ended on Septeml:~r 30, 1997. It ha~ not been adjusted t'or final auditing numbers at this point in time, but it is pretty close to what we did do and is consistent with what we anticipated it to be l'or this current Fiscal Year with $313,000 in Fund Balance which is cash in the system at this point in time. Mr. Mudge staled on the Variance for £avorable and unfavorable, the brackets are reversed. Mr. Ward agreed and stated he would change that. Mr Ward continued that at the top orPage 3, where it talks about the projects t'rom Fiscal Year 1997 that are still open that is a short summery which is similar lo the one that we provide to you under separate cover each month as to where you are in terms of your actual budget as of' whenever they have billed us, which is probably through their August billings. Mr. Mudge asked it'these were actual amounts due which had not been paid? Mr. Ward replied they are actual payments, but I do not know the outstanding payables in the system at Ihe lime. The good news is that the Wilson, Miller budget ot'$97,000 and Actual is S47,000. It is unlikely they will bill much more than what we have actually paid them to-date under the original permit authorization. You will have some money left over t'rom that portion or' it. The rest of'the consultants I am not real sure about at this point. Mr. Werner stated that as he reads it, at the end of'September there are S30,000-40,000 o£ unpaid bills. 2719 BAY ^ V SO Y COM TT'.m 1 6 G 1 ' ' OCTOB£R :tl, I~7 Mr. Ward agreed. Mr. Ward ~tated that Pages 3 and 4 with Mr. Werner's modifications to it, which I will include, was a breakout of your original Clam Bay Budget for 1998 into the various ~pects for the four projects that we have undertaken for both the design elements, construction phase and engineering services during construction and the actual construction activity that will occur under each of'those four projects. That was intended to give you a little more detail, as up to date as we could at thi~ point, as to what your I:~dgA't looks like. Page $ is the amounts that we fianded for tM Property appraiser, Tax Collector, etc. (MR. HOYT LEFT TIrE MEETING AT 4: I $ P..M.) Mr. Ward continued that back on Page I is a smnmary of where we are today. The $819,400 is the calculation that we have left to come in from WCI on this project, assuming the expenditure levels that we have in this budget, what their assessment level was for the current year and the carry forward. The Unappropriated Fund Balance is your cash carryforward coming into your 1998 Fiscal Year. That gives you a clear overview of where you are budget-wise for 1998 and as we get into 1998 we will ~art to provide you with where you are to your actual expenditures. Mr. Herrnan~on asked that on Page 3, if the Engineering and Construction Summaries were based on the proposals7 Mr. Ward replied in the affirmative. Mr. Hermanson asked where the balance of the :1;237,000 appeared? Mr. Ward stated that in the final design element we broke out the final design for each of the four projects. On the bottom of Page 3 and on Page 4 for each line item we identified a column called Engineering Services During Construction and the consultant under it. That is the 2720 PELICAN BAY ADVISORY COM~IITTEE O~rOBER 3 I. 19~ balance ortheir tee u~x'iated with ~,000, which I will have to ~x. 16Gl ', As Mr. Werner pointed out, it doesn't balance, it is off' by Mr. Werr,~' stated that the bottom three items cn Page 4, Clam Bay Ecosystem ~nt, the Mortitor~ng and Contingencies totals about $82,000. To show you where the money has changed, in our 1998 Clam Bay Budget for the Ecosystem Enl~ancements we had :~23,000 budgeted, for Monitoring we had $175,000 budgeted and for Contingencies we had $284,000 budgeted for a total of about :~$2,000 for those three items. In effect $600,000 ~ been shiRed from the original budget to other items in this current operating ~und. Mr. Wm'd s greed. b'TATUS REPORT Dr. Varley stated that at the last meeting he mentioned that he was concerned about getting a status report out to the community and volunteered to write a draft letter, i would like to pass this letter out and if:you have any concerns, please give me a call. IIERON REPLANTING PROGRAM Mr. Young asked i£lhe replanting program had been started at the Stratford and Heron? Mr. Lukasz replied that they are down there today doing the clean up and it will be ~lagged next week For the plantings. Mr. Hasson stated Ihal the area behind the Grosvcnor had recently been cleaned out and asked if'anything was going to be planted back there? It is a mess right now. Mr. Lukasz replied that most or*the other areas were not cleaned out to the extent that thc Heron was. Mr. Ward stated that they would take a look at the area, but nothing had actually been planned for that area. 2721 IU LICAI BAY AI)VI$ORY COIvD.(ITI'E OCTOBER )t,_ I~LTCAN BAY SECURITY Mr. Brown stated that he had sent a note to Mr. Ward which he requested to be copied and placed on the next meeting's agenda regarding security. The note will be self cxplanatory, but there hav~ been an number of burglaries within Pe{ican Bay. The response from the Sheriff's Department has not been well received by the victim. I think it is time we have a discussion on that at the next meeting,. Mr. Popper stated that he also spoke to Mr. Ward about some other events he heard taldng place in some of the commercial area and kids hanging out around the church, things of that nature and you were going to check into that. I suppose that could be taken up at the same time. Dr. Yarley asked if'we needed the deputy here or not? Mr. Ward replied that we should plan on having Lt. Karen Strickland or Sgt. Dolan at the hex/meeting. Mr. Popper stated lhls is especially important with the seasonal changes that take place here in Pelican Bay with these groups that travel from north to south right around the holidays. It would be worthwhile to have another meeting with the deputies. Dr. Varley asked if'it could wait another month because the November 12 meeting will be Mr. Brown and Mr. Popper both agreed that it could not. OAKMOHT LAKE Mr. Popper asked the status of'the lights around Oakmont Lake and the railroad ties? Mr. Ward replied that the replacement of the lights are in the budget. We are identifying the Idnds of lights. We have one that is pretty good and I have given Mr. Lukasz some other 2722 I~LICAN BAY ADVISORY COMM]~ alternatives to take a look at. We will not be doing anything until aRer season, so I suspect we will have something during Sanuary for you to take a look at. Mr. Popper stated that we have to get around the lake. A number of'the lights have fallen over, Mr. Ward replied that we will get that done for you. There being no further business, the meeting adjourned at 4:20 P.M. Dr. Alan Varley. Chairman 27?3 PEUCAN BAY SERVICES DIVISION Ct,AM BAY RE,~TORATION FUNO Septm~bc, r 30, t F.Y. 1t'17 Exp. I:q~D WCI Balance B._ _.,J.~tr To Date Port, on Port, on s $ $ 27,600 $ 49.100 s $ 643.150 153,167 $ 76,514 S 76,584 S 54,533 71,460 $ 35,730 S 35,730 S 7,~40 54,114 $ 27,092 $ 27,092 S 32,316 47,112 $ 26,021 $ 21,091 S 42,88[ 7,001 $ 3,500 S 3,500 $ 20,599 10,549 $ 5,275 $ 5,275 S 38,551 15t524 S 9r532 S 8~992 S 14,726 $~61,999 SI83,735 S 178,264 S281,151 S 55,000 S 15,459 S 15,459 $ - S 39,541 S . S 2r827 S !r413 S 1~414 S (2,827) S 5.q,000 $ 11,216 S 16,172 S !,414 S 36,714 T~x~ ~ub-TotM $ 16,000 $ 10,214 S 10,214 N/A $ 5,786 S 10,700 S $ - N/A $ 10,700 $ 12,600 $ . $ - N/A S i 2,600 39,300 S 10,214 S 10,214 S - $ 29,086 TOTAL APPR~~ [ $ 737~4~0 $390r499 S210,821 S 179.678 S346,951I AGGOUNT$ PAYABLE - SEPTEMBER DATE INV. NO. AMOUNT Akerman, Senterf~ 09/22/97 1984354 S ! 3,684.34 Alrm'man, Senterfitt 09/25/97 2022285 $18,056.25 Dr. SMddu~ 09/30/97 09-30-97 $ 2,074.22 Ta~ · Associates I 0/10/97 0565 $ 5,477.19 'W'M 13~t.P 10/08/97 6848 $ 5,042.80,, TOTAL INVC}~::F.~ $ 44.334.80 : T C I~LN 1 6G1 TO: Jl~ Mard From: TM ~rmm Oct 28, 19~7 ~b{~t: 'Soourit! Bqdget for FBSD Z ~ ~d o~ a ~r o~ ~l~le~ og private ~es in 3~ ~t~ ~ ~t~ ~t~te ~ w ~ ~Y 11,0o0,oo0 ~ t~ ~ ~ ~~tl~. ~ v~t~ told ~ iMm told Ybi di~utT Iborii£ told bet insurance s .gwnc M. ~m~.? .... vict~loit ~ i~t ~r ~kg. I ~ve ~ tn~a ~er 4 ~a ~ ~r ~ ~1 ~r ~~. DXd the d~y l/hit bipl)iM ubln the vlctll ¥1J[tl ~ ~ ~l ~ve ~ ~la~ in ~ ~t 2 or 3 years I ~11~ Sheriffs oflice ~ ~ ~ hu ~ stolen? .... . ~t I nS ~ltly to ~ ~ck a r~l~ ~ re~r~ Lo fair to ask vhat la b~t~g done to find these crtJi~als? tk~r~.v~re terwible sh&kon ~o think soils thie£ vas n Ivory program a political subdivision ha~ should be reviewed from time to time to see if it is doing what it vas intended to do. It Right be time to reviev this costly prograu. October 16, 1997 one sidewalk. The actual LDC says two sidewalks on both sides of the road. ACTING CHAI~ BRUET: Mr. Kant. MR. KANT: For the record, excuse me, Ec~ward Kant, Transportation Services Department. This is an issue that's frankly a little bit larger than this sidewalk, and I feel compelled to bring some information forward to you so that you can use it in your deliberations. The -- about two, almost three years ago now, the county formed what we call the Pathway Advisory Co~nittee. The Pathway Advisory Co~mnittee with a great deal of work and diligence came up with a county-wide pathway pedestrian bicycle network plan. The LDC and zoning code or I should say most of the codes as you're aware of in Collier County for years have required sidewalks on at least one side of the street. It has been our experience in the Trans$~rtation Services Department and it has been our experience, in working with neighborhood groups, that there is a great resurgence of interest and a new interest in interconnectivity for pedestrian and bicycle activities. We would be very concerned about a trend -- going back to a trend to eliminate sidewalks. We are presently looking, in order to bring our existing sidewalk network u~ to the standards that were approved by the MPO and the board in the pathways plan at, I believe it's close to a 30 million dollar deficit over the next 20 years, and so I would not want to encourage you to continue down that path in what looks like a small isolated incident. I might also point out that if you look at the location of this subdivision with respect to the access and adjacent subdivisions, you will find that while it is somewhat isolated, it would require, if we had the absence of any sidewalk or pathway consideration, all of the pedestrian and bicycle traffic to travel not only in the street, within this subdivision, but then if they go to leave and go to the surrounding subdivisions, they have the same problem. So we would request that you consider this request to the petitioner in light of what we see is the somewhat larger issue that is facing the county. Thank you. COMMISSIONER NELSON: From your experience, Mr. Kant, in instances where the people voted and did not want sidewalks, on what basis wouldn't they want them7 MR. KANT: I can't really answer that. There is also the issue of how did that or how do those types of votes, if you will, take place. The LDC is somewhat specific in its requirements. The board has the -- both this board has the right to make the reco~nendation. The Board of County Co~nissioners has the right to waive the requirement, but it would seem in our estimation, to be somewhat odd to go to all of this effort to come up with a master plan with the idea of beginning to eliminate links on a one by one basis. There were, to the best of my knowledge, there was one vote that I'm aware of recently, over on the south side of U.S. 41 in what we would call the Osceola Subdivision. It's not the name -- the official Page 6 1661 October 16, 1997 Staff and the petitioner have come to agreement on all the conditions and the resolution, excegt for two excegtions to the subdivision regulations that the petitioner, Hr. Butler, has requested and he'll address those a little more specifically. Because of the new inclusion of the sidewalks on both sides of a local street in the LDC, staff is recom~ending that those be added. Mr, Butler will state his case for not having the sidewalks on both sides Of the street, and the criteria for RSF-3 zoning district are met by all the lots and staff reco~-nds approval with those stipulations in the resolution. ACTING CHAIRMAN BRUET: Was there a second issue he wanted to discuss, you said? Sidewalks? MR. REISCHL: Another engineering, which I'm not real clear on. HR. BUTLER: It's actually not. This cul-de-sac is -- Gary Butler, for the record, representing the petitioner. The cul-de-sac is slightly longer than a thousand feet, but I think the verbiage in the LOC provides for that to occur in certain cases and this is obviously one of those cases. There's no other subdivision to interconnect with and no other way we can reconfigure the road. The sidewalk issue is one that my client wanted me to bring up. I talked to engineering originally and they said that they would be willing to work with us, as far as having a sidewalk on one side of the road, but not both. My client would still prefer not to have any sidewalks in the subdivision. There's no sidewalks on Cypress Way, which is the primary road that we tie into and most of the residents do not want sidewalks, in my experience. I had one example which was Catch Key, it was a subdivision I did not too long ago, 42 units. We postponed building the sidewalk for a year. It was bonded a hundred percent. Went back to build the sidewalk, and a hundred percent of the houses built at that time, said they did not want a sidewalk, and this is a similar situation. It's isolated, 28 lots. COHMISSIONER NELSON: Hr. Chairman? ACTING CHAIPJ~AN BRUET: Yes. COHHISSI(HTER NELSON: Can I ask Hr. Butler a question? ACTING CHAIRMAN BRUET: Certainly. COMMISSIONER NELSON: You said that most of the residents in this subdivision in your experience. HR. BUTLER: Most of the residents, in my experience. What I prefer is why don't we do the same thing that we did on Catch Key? Wait a year -- we don't want to build a sidewalk from day one anyway, because every ti~e you put a driveway, every time your're gonna work on a house, you wind up tearing up that sidewalk. Staff has let us postpone building sidewalks until the end of that one year maintenance period. If at the end of that one year maintenance period, if 67 percent of the people don't want sidewalks, I would prefer not to put them in, and again, we're talking about I think Page 5 October 16, 1997 to saying that, I°m sorry. COMHISSIONER OATES: Okay. MS. STUDENT: That's what I meant. C(IMMI$SIONER OATES: Well, wasn't that my motion? ACTING CHAIRMAN BRUET: Amend -- COMMISSIONER NELSON: No, we're going to be sending them directly. Some of them we'll send directly because they're our authority. COHHISSI(HTER OATE$: Oh, all right. Whatever. MS. STUDENT: But since you're advisor to the board, I think the better practice is to send it to the board with that recommendation and have the board accept COMMISSI(HTER OATES: Okay. So moved. ACTING CHAIRMAN BRUET: So moved. Amended as moved. Any further discussion? All in favor? Opposed? ACTING CHAIRMAN BRUET: Motion carried. Advertised public hearing. If the petitioner so wishes, I would -- seeing we're maybe lacking a quorum, would you want to address this issue, Mr. Anderson? HR. ANDERSON= Yes, thank you, Hr. Chairman. ~y name is Bruce Anderson on behalf of the petitioner on item 7(A). We would request that you defer this item temporarily, that you pass through each of the subsequent items until Hr. York shows up. So that we do have five people that are eligible to vote on this item. HR. HULHERE: Brian's going to put a call in to the bank to see if Hr. York is on his way or -- our indications were that he was gonna be here this morning so -- CC~dMISSIONER PRIDDY: Mr. Chairman, I move that we postpone Petition PSP-97-14 till later in the meeting. ACTING CHAI~HAN BRUIT: Is there a second? COMMISSIONER PEDONE= I'll second. ACTING CHAIRMAN BRUIT: Discussion? All in favor? Opposed? HR. ANDERSON~ Thank you, and one other item, Mr. Chairman. A point of order regarding item G on your agenda. I believe the staff report to the planning commission lists our law firm, Young, Vanassenderp & Varnadoe as involved with that petition. That is an error. We have absolutely nothing to do with that and wish this record to be clear that we have no involvement whatsoever with that petition. Thank you. ACTING CHAIR/~AN BRUIT: Thank you. If we can move forward then to Petition PSP-96-14, and this is a public hearing. All those wishing to speak, if they can be sworn in. HR. REISCHL: For the record, that's 96-14. ACTING CHAIRMAN BRUET: Excuse me. (All speakers on this issue were sworn.) ACTING CHAIRMAN BRUET: Are you being sworn in? HR. BUTLER: I guess so. HR. REISCHL: Morning, commissioners. Fred Reischl, planning services. This is a request for an approximately 10 acre parcel north of Immokalee Road, east of Cypress Way East, for preliminary subdivision plat approval for 28 single family homes in a subdivision that also includes the roadway and sto~ater management retention Page 4 16Gl ' October 16, 1997 COMMISSIONER WRAGE: Second. ACTING CHAIRKAN BRUET: Mr. Oates, seconded by Mr. Wrage. COMMISSIONER PRIDDY: Mr. Vice Chairman, let the record show that I'm not gonna vote on that since I was not a part of the planning commission at that point. ACTING C1{AIRMAN BRUET: Okay. Thank you, Mr. -- all in favor? O~H~osed? Planning co~mission absences. COMMISSIONER OATES: Mr. Chairman, I will be absent November the 20th, November the 25th and December the 4th. ACTING CHAIRMAN BRUET: Anyone else? Thank you. BCC report. Can you give it? MR. MULHERE: I really don't have anything to report. The petitions that the Board of County Co~nissioners reviewed at their last hearing were approved basically as forwarded by the planning co~nission, so there's really nothing to report. ACTING CHAIKKAN BRUET: No boatdock issues have been placed before the board? HR. ~t%U~IKRE: There was one issue. ACTING CHAIRMAN BRUET: That one seemed to be controversial. MR. HI/I2t~RE: Yeah, there was an appeal. ]4R. BADAMTCHIAN: The aP1~eal was uphold. No, actually, they upheld the planning cou~mission's approval -- MR. HULHERE: All right. That was the boat docking -- HR. BADAMTCHIAN: -- with no objections. MR. MULHERE: -- the one on Isles of Capri that extended some 300 feet out into the waterway a~ the planning commission vote was five to four on that, so it was pretty close. ACTIN~ CHAIRMAN BRUET: Thank you. Chairman's report. Being absent, obviously we're not going to have one. COMMISSIONER 0ATES: Mr. Chairman, I move we continue item PSP-97-9 to November the 6th, 1997. That's item 7(H) -- pardon me, 8. COMMISSIONER BUDD: Second. ACTING CHAIRMAN BRUET: All An favor? CO~MISSIONER OATES: Mr. Chairman, I move we -- the following ~etitions concerning pro$~rties located within the city of Marco Island be -- we forward these petitions to the Marco Island City Council for consideration. Those are items, V-97-8, BD-97-20, TU-97-4, R-97-5 and 0SP-97-2. COMMISSIONER BUDD: Second. MS. STUDENT: Mr. Chairman? ACTING CHAIP~4AN BRUET: Any discussion? MS. STUDENT: Mr. Chairman, I think the better practice would be. you have final authority, order authority on a couple of those L, M and -- L and M. I think the better practice would be to forward that to the board with a recommendation of approval and we'll work it out. COMMISSIONER OATES: I thought we couldn't do that. The county attorney told us two weeks ago we couldn't hmar any of these. MS. STUDENT: I stated that wrong. Not with the recommendation of approval, with a recommendation that it be sent to Marco. I'm so used Page 3 October 16, 1997 ACTING CHAIRMAN BRUET: Good morning. I'd like to call to order the -- are the mikes on? COF/4ISSIONER PRIDDY: Yeah, they are. ACTING CHAI~ BRUET: -- call to order the October 16th meeting of the Collier County Planning Commission. I'm the vice chairman, filling in for Mike Davis this week, so you'll have to bear with me here. Between MarJorie and Robert, I'm sure we'll be able to get through this quickly. If we can take ro11; Mr. Budd. C(H4MISSIOHERBUDD: Here. ACTING CHAIRMANBRUET: Mr. Russell. COMMISSIONER PRIDDY: Here. ACTING CHAIRMANBRUET: A good start here. Mr. Nelson. COMMISSI~NELSON: Here. ACTING CHAIRMAN BRUET: Mr. Oates. COM~ISSI~ OATES: Here. ACTING CHAIKMAN BRUET: Mr. York is supposed to be on his way, we understand. We'll Uut him on hold. Mr. Pedone. COMMISSIONER PKDONE: Here. ACTIN~ CHAIRMAN BRUET: Yr. Wrage. CO~9{ISSIONER WRAGE: Here. ACTIN~ CHAIRMAN BRUET: X think that's it. COMMISSIONER BUDD: You got Mr. Nelson? COMMISSIONER NELl: He got me. MR. MUL/4ERE: One addenda. ACTING CHAIRMAN BRUET: Any addenda to the agenda? MR. MULHERE: I Just wanted to have a brief discussion on the CCPC hDC hearing dates, which could come under old business. I think we already discussed it once, so -- ACTING CHAIRMAN BRUET: Why don't you discuss it now? MR. ~: If you want to do it now, fine. ACTING CHAI~MARBRUET: Yes. MR. ~: I was able to -- well, actually Sue Filson was able to reserve this room for both hearing dates. ACTING CHAIRMAN BRUET: Okay. MR. MULHERE: So it will not be necessary for us to go the su$)ervisor of elections' hearing room, and those dates again are November the 13th and November the 25th. The 13th is a Thursday. The 25th is a Tuesday. There is a board meeting that day, but Sue will, yo~ know, try to kee~ the agenda light enough so that they don't go beyond 5:05. ACTING CHAIRMAN BRUET: Both -- both dates were 5:05, the meeting c~nes? MR. ~: Yeah, and ! will have a -- pro]:~bl¥ ~, ~our next meet£ng either J~ m~£1 or 1-~nd delivery here at the meeting, ~'~l have the l~cket. Zt's a relatively l£ght packet this cycle so -- and ~ don't thin~ there's anything too controversial on it so it really shouldn't take more than, a maximum of a couple hours. ACTING CHAIRMAN BRUET: That's good. Any comments? A$~roval of minutes for SeDtember. COMMISSIONER OATES: Motion to a$~rove. Page 2 16Gl Oe ...... · .., Dr. ~ iocsibt on Lots ?, OLD BU~qESS D~ON OF ADDENDA I 1. AD~OUR.N Petition No. PUD-86-10 (4), Bartm~ A. Cawl~, AICP, ofWil~on, lVF. dl~, Barton & Peek, Inc., repr~g Owen M. Ward Trus~e~ requ~g · rezone from PUD ~o PUD for the P1amned Urfi~ Dev~oprnem known as Stiles by amending the P!.'D ~ M~.~'t~ Plan ~ required by Section 2.7.3.4 of the Land Development Code for property locked on the ~uth side of Immokalee Road (C.IL 846) approximatdy Y~ mile west of the intersecfon of 1-75 and Immokalee Road, in Section 30, Township 48 South, l~ange 26 East, CoLlier County, Florida, consisting of 18.13 acres. (Coordinator. Ron Nino) Petition No. PUD-89-19 (I), Ka,'zn IC Bishop of PMS, Inc., of Naple~, representing Mr. W'~am Schweikha~t, Trustee, requesting an amendm~ to the Donovan Center PUD having the effect of repealing and readopting a new PUD and Master Pla~, for property located ax the souOzwe~ intersection of Interstate 75 and Immokalee Road (C.R. 846) in Section 30, Township 48 $outlx, Rxnse 26 ~ Collier County, Florida, con, si. lng of 47.0 acre~. (Coordinator:. Rcm Nino) Note:. The fo[lowing petitions concern properties Io¢.ated within the City of Marco bland and have been advertised. Consist with action taken at the PLanning Commission meeting of October 2, 1997, the CC'PC may wish to forward these petitions to the Marco bland City Council for consideration. Petition No. V-97-$, Stefani Lyn O-Neill, reprea~ming Howard I. & Kay L. I~apf requeging a 17 foot vaciance to the required reaz st'tbtck of 25 feet to $ feet. for property located at 1725 Winterberry Drive, further deg:ribed at Lot 1, Kzgof Subdivisiotx (Coordinator:. Fred Rdsc~ Petition No. BD-97-20, Miles L. Scofield representing Tiki House Condominium, Inc., requesting a 10 foot dock extension to allow for two finger docks and four boatlifts for property located ax 904 Pa,-ama Court, further dew:ribed as Lot 17, Block 337, ~hu'co Beach U~ 10. (Coordinator. Rots Goc. hetaur) Mo Petition No. TU.97-4, Paul Ford, President of Paul Ford Custom Builder%, Inc., requesting a 3-yest extension of a Temporzry Use Permit for a Model Home ax 1 I110 Samoa Avenue, Ivt~co l~md. (Coordinate. Ro~ C, ochenaur) Petition No. R-97-$, Barbar4 Cawley, AICP, of W'flsorg bfRler, Barton & Peek, Inc., represeming Dr. Luc MazzinL D.D.S., requesting a re:zone from RSF-4 to C-1 for a medic, al ~ building for property Ioc. zted on the north side of San Ma~co Road (C.R. 92) east of Bakl Eagle Drive, further des:tibed as Lots 7 and $, Block 109, M~rco Beach Unit 3, in Section 16, Town~p 52 South, Range 26 East, Collier County, Florida, consisting of .62 acre~. (Coordinator: Ray Befiow~) (Companion Item to O5P-97-2) 16gl Petition No. PSP-96-14, I. Craty Butler, P.E., of Bud= EnginemSng r~g Rick McCollou~ requesting Prdiminary $~ Plat approval for '$.wlp'au Subdivision' located east of C~ Way, north of Iuunokalee ~ in Section 24, Township 48 South, p, an~2f F.,ut. ~of10.~32acres. (Coor,:li~. Fr~dRasc~) Peiition No. TU-97-5, Geor~ M. Schmading of Florida Homes of CoRier, Inc., r~qu~E a 3-y~r ~ of a Temporary U~e Permit for a Model Home at 1830 Golden GaIe Boulevard West. (Cx~'~inatoc. Chain'am nadana~) Petition No. TU-97-6, George M. Sdnmelin8 of Florida Homes of Coliier, Inc., requesting a 3-year ~ of a Tempom'y U~e Permit for a Model Home at 1840 Golden Gate B<mlevard West. (Co<xdinaum. Chain'am Badanuchian) Petition No. NUA-97-3, Edwani &rd Teresa Terry requenin8 the aiterin8 of a non- ~ mobile on property kx::aled st 609 Booker Boulevard, hnmokalee, in Section 9, Township 47 SomlL R,mga 29 Fast, ColE~er ~, Florida. (Coordinator. l:Lay Bdlows} Petin'on No. PUD-92-6 (1), Brue~ Ty,aon of W'dson, Miller, Btnon & Peek, Inc., re~g Pdican I.,aka Limited Parmership for the purpose of' mending Southwoods PUD by chan~ the name to PeGcan Lake; by changing r,:ference to owners; by increasing th~ maximum ar~ of allowable utility/nor'age [acility a.,x:l by decreasing the boundary us:back requirmne~ for property located on the east side of SR-951, in Section 15, Township 51 South, Range 2~ East, Collier Cotmly, Florich%, comaining I01.3- acres. (Coordinator: Ron N'mo) Petition No. PSP-97-9, David H. Farmm', E.L, of Coastal EnginemSn8 Consultants, I. nc., r~ the Club Est~es, L.C., r~qu~ting Preliminary Subdivision Plat approval for "The CIub Estates" loctted on the west side of Isles of Capri Road (CR-951) and north R,Uflesnak~ [-limnx~k Road (SR,-864) in Secgon 10, Township 50 South, l~ange 26 ~ con.d~ngot'l~.Sacres. (Coordinat.'~r: RonN'mo)C. or,.~. -t~ AGENDA ODLt. XEP, COUNTY PI..ADIN[NG COM2v~SSXON WIZ.L MEET AT ~:30 A.M., THURSDAY, October 16, 199'/DI THE BOARD OF COUN'rY COMMISSXONERS lVfEE'r~G ROOM, AD~TION BUXLDfl4O, COUNTY ~ CENTER, 3301 TAMXA.W~ TRAIL EAST, EAST NAPLES, ~ PERSON WHO DECIDED TO AFFEAL A DECISION OF ~ BOARD WILL NEED A RECORD OF THE FROCEEDINGS FI~TAIN~O ~, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA'rl~ RF. CORD OF THE PROCEEDINGS IS ~ UPON WHICH THE APPEAr, IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WiLLBECOME AFEI~MA.~ p~T OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR FRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ROLL CALL BY CLER~ 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINm. fT~S: Seixember 4, 1997 4. PLANNZNG COMMISSION ABSENCE. S: 5. BCC KEPOKT ADVERTISED PUBLIC HEARINGS: Petition No. PSP-9'/-{4, Mark Morton of Johnson EnsineerinS, Inc., rciwcscming Ocean ~ Pzrk West - Unit 1, Iocsted on tl~ south sid~ oflmmokalee Rosd (C.R. ~) zt C.~modlett~Frtuk ~ (C.R. 851), in Sectiou 27, Towuship 48 South, Range 25 East. 16G October 16, 1997 TRANSCRIPT OF THE MEETING OF THE ~' ' " · COLLIER COUNTY PLANNING COMHISSION Naples, Florida, October 16, 1997 LET IT BE REH~IB~, that the Collier County Planning Commission in and for the County of Collier having conducted business herein, met on this date at 8=30 a.m. in ~ SESSION in Building 'F' of the Government Complex, East Naples, Flor£da, with the following members present-. Michael J. Bruet Richard Nelson Russell A. Budd Russell A. Prickly Edward Oates (~aryWrage Michael Pedone ALSO PRESENT: MarJorie Student, Assistant County Attorney Bob Mulhere, Collier CounTy Planning Services Page 1 ProduL'l~lY Committee Me~h~ Mi~te~ October IS, 1997, ~30 A.M. ~bt~rs Present Jack McKm x Marlo Dclg~do x Edwzud Fcrguson x Charles Getlcr x Robert Laird x Bill Nesi x Edward Ott x 1,Carl Ouo x John Schoemer x John Stockion x Bemard Weiss Sheila Leith X Robcrl Fernandez x Crystal Kinzcl x Jean Mycr~ x RE C' IVED ! 6 G ! NOV 12 1997 Absen( X Jack McKcrma welcomcd M&'io Dcigodo who was reccntly appointed by the Board to serve on the Productivity Committee. The Committee is looking forward to working with Mario and drawing off his knowledge and expertise. SherifFs Agency Overtime Study Jack introdm:ed Crys~l Kinzei, the Sheriff's Finance Direetor. The Board has requested that the Productivity Committee study the utilization of overtime within the Sheriff's agency. This ~ an issue during the recent budget process. Crystal requested that the Productivity Committee complete their study prior to the conunencement of the next budget cycle in Febrm,-y 1998. The issue seems to be ~or not the current level of overtime is due to the nature of the business or is due to m operational problem. Bob Fernandez interjected that like many other services provided by the Cotmty, there is a level ofservice issue involved here. Crystal prcsmtcd a number of graphs showing the milization ofovcrtime within the various functions of the Sheriff'} operation. The Committee's initial impression from the data ~tcd is?at ...t~)~_~t app~u' ,o be anything unusual. Thc Committee will form a Sub- ~co~t~ ~ operations of departments where the utilization of overtime is the C,~st~tt~4~ 1 6Gl' [ highest, includinl~ lhe Jail, Drill Academy, Courts, and thc 911 Communications Center. Crystal looks I'orw' d to reee/ving the te~ulL~ of thc study and any recommendations for improvement. Jack McKenna thanked Crystal for taking thc time to be here today. Anyone who would like to ride with a Deputy, visit the Communications Center. or visit the Drill Academy is welcome to do so. Ed Ferguson will coordinate these activities. Jack asked Bob Laird to Chair the Sub-committee. Mario Delgado, Bill Neal. Ed Ott. Karl Otto. John ~hoemer. and John Stockton volunteertd to assist with Ibis project. Bob will contact the Sub- commiltee members nexl ssx. tk. Procurement Process Review Bob F~ has received a draft response from Steve Camcll relative to thc recommendations contained in Ibc report. The reply was not as "direct and immediate" as Bob would like to see. tlc has asked for some reworking of the implementation schedule. Thc Productivity Committee is srallable ~ wllltn~ to provide their expertise to help implement the Jail Study Sheila will call Adolfo and follow up on the status ofthe Jail Study. iluman Resources Ed is seeking clarification on the llurnan Resources audit and will contact Jennifer Edwards. lle will also request a copy of the new evaluation tool. A new lluman Resources Sub- committee was set up to work on thc two new assignments. The membership will include Ed Ferguson, Charlie C, etler. Ed OtL Karl Otto and John Stockton. Budget Review Mike Smykov,$ki. Budget Director, has drafted a response to the recommendations contained in the two Budget Review Reports from last year. Sheila will ask Mike to attend thc next Productivity Committee meeting in order to address the recommendations contained in the repor',$. Bob indicated that he is meeting with the Commissioners to solicit their responses to the recently completed Budget process. Also. BOb has identified some things that he would like to sec addressed during the next budget cycle. Meeting adjourned 1 !:30 a.m. The next meetlnl~ will be on Wednesday November 19~', at 9:30 a.m. in the Count)' Administrator's Conference Room. cc. Board of County Commissioners Office Robert Fernandez, County Administrator October 16, 1997 ACTING CHAIR~4AN BRUET: Gentlemen, what's your pleasure? COMHISSI~ PRIDDY'. Mr. Chairman, I would reconvaend that you recomme~ for approval PUD-89-19(1). COMMISSIONER OATES: Second. ACTING CHAIRHAN BRUET: Is there a second? Seconded by -- mo=ion by Mr. Prid~y, seconded by Mr. Oates. Any further discussion? If none -- go ahead, £f none -- COMMISSXONE~ NELSON: Ail in favor? ACTING CHAIRMAN BRUET: Ail in favor. Excuse me. Ail in favor? COMMISSIONER OATES: It's been a long meeting. ACTING CHAIRMAN BRUET: Opposed? Mo=ion carries. ACTING CHAIRMAN BRUET: Seeing we passed the balance on to Marco Island, is there any old business that we wish to discuss? MR. MULHERE: No, sir. ACTING CHAIRMAN BRUET: New business? DisCussion of the agenda? We're fine. If not, no other issues to discuss. We'll call the meeting closed. There being no fur=her business for the good of the County, the meeting was adjourned by order of the Chair at 9:35 a.m. COLLIER COUNTY PLANNING COMMISSION Michael J. Bruet, Acting Chairman These minutes approved by the Board on or as corrected as presented .. Transcript prepared on behalf of Gregory Court Reporting Inc. BY= Sherrie B. Radin Page 22 October 16, 1997 petition Number PUD-89-19, and again, being a public hearing, all those wishing to speak on this issue please rise and hold up your right hand. {Ail speakers on this issue were sworn.) ACTING CHAIRMAN BRUET: Staff. MR. NINO: Yes. Ron Nino, for the record. Again, the Donovan PU -- the Donovan Center PUD would have you repeal the current document and adopt a new document, and a new master plan, and again, I would remind you that this PUD is structured to fit into the technique that we currently employ for commercial land uses in reference to SIC Codes. The uses that are listed in this PUD are very similar to the uses that will be allowed in the Stiles PUD. Again, it acknowledges food stores, convenience stores, gas stations, hotels, motels. Ail the things you would normally expect at an interchange activity center. Howe;er, it broadens those uses to include the general run of offices and retail establishments and food stores and supermarkets as well, and PUD. they are also ~ermitted in the stiles Again, the main issue was =o address the common road and that's been accomplished. This PUD provides interconnection. It also maintains the interconnection tb~t was in the original PUD, but in a different location for another PUD to the east of the Donovan, I believe that's the Breeze Wood. Yes, the Breeze Wood PUD. This PUD also provides that it will have internally consistent architectural standards, as well as com~lying with the Land Development Code architectural requirements. There have been a number of changes made to the PUD, as a result of staff interaction, and Ms. Bishop has been very responsive to those changes. There are a few changes Ms. student has taken under advisement. They really don't -- MS. STUDENT: It's in effect a substantive issue. MR. NINO: -- deal with the substantive land issu.es and I'm sure that we'll have those things straightened out before the board meeting. The original PUD authorized a 104 -- this is a mixed use PUD. The back part of it is not within the activity center. That hasn't changed. The only change from the initial PUD to this PUD, %he initial PUD provided for conventional housing. This PUD provides for conventional housing and ALS on that back portion. A hundred forty units hasn't changed. That density is consistent with what is allowed in a density band, so we still have a consistent relationship here. Should ACLF facilities be built, this PUD says they will be built in accordance with the requirements for an ALS in the Land Development Code. So we have -- I think we have everything tied together here fairly well and we would recommend approval subject to our ability and Ms. student's ability to make some wordsmithing changes and to ensure that the ordinance is in keeping with legal requirements. ACTING C~AIRMAN BRUET: Does the petitioner wish to speak? Agree with all the conditions and stipulations? MS. BISHOP: Everything's fine. ACTING CKAIRMAN BRUET: Does anyone else care to speak to the issue? If not, we'll close the public hearing. COMMISSIONER BUDD: Mr. Priddy, it's your turn. Page 21 October 16, 1997 things of that nature. COHHISSZONER NELSON: I agreed with that, but shouldn't that condition be in the resolution? MR. NINO: No, it's in the PUD. It's in the regulations. It's in the -- there is a provision in the regulations that addresses that. COHHISSI~ NELSON: Well, then, it's Just fine. HR. NINO: The resolution -- the ordinance adopts the PUD and you need to go to your PUD for that. MS. CAWLEY: Three-four. Page 3-4. MR. NINO: It says no outside display of merchandise or storage is permitted unless horizontally visually screened by an acceptable vertical structure. COMMISSIONER NELSON'. I missed that, sorry. ACTING CHAIKMAN BRUET: i was trying to visualize that. COMMISSI(HTER PRIDDY: This allows for a convenience store, gas HR. NINO: Yes. Very definitely. COMMISSIONER PRIDDY: You sure? MR. NINO: Yes. MS. CAWLEY: So far. COMMISSIONER PRIDDY: So far. ACTING CHAIRMAN BRUET: Okay. Ms. Cawley? HR. NINO: And a gas station. MS. CAWLEY: So far. ACTING CHAIRMAN BRUET: Ms. Cawley? MS. CA~LEY: Good morning, c _o~_~___islioners. I'm Just here to answer a~ questions. X think it'e -- we concur with the staff recommendation and we worked very hard to come up with a document we think you could approve today without any problem. So I'm Just here to answer any questions, instead of going and wasting your time. ACTING CHAIRMAN BRUET: The board appreciates your cooperation with the ad~acent property owner. MS. CAWLEY: It's been interesting and I think it's worked out very well. ACTIr~ CHAIRHAN BRUET: Thank you. If no one else wishes to speak, we'll close the public hearing. COMMISSIONER PRIDDY: Hr. 0ares has something to say, I think. ACTING CHAIR~ht~N BRUET: Pardon? COMMISSIONER PRIDDY: Hr. Oates has something -- COMMISSIONER OATES: I have a motion. ACTING CHAIRMAN BRUET: Excuse me. Hr. Oates? COMMISSIONER OATES: Okay. All right. Mr. Chairman, I move we recc~mnend approval of PUD-86-10(4). ACTING CHAIRMAN BRUET: Is there a second? COMMISSIONER PRIDDY: Second. ACTING CHAIRMAN BRUET: All in favor -- any further discussion? All in favor? Opposed? Motion carries. COMMISSIONER PRIDDY: I'm tempted to keep one of these. MS. CA~LEY: You can have it. ACTING CHAIRMAN BRUET: If we can move on to the final item. Page 20 October 16, 1997 was submitted on August the 4th, 1997. Is that in violation of the code? MS. STUDENT: I was not aware -- maybe Mr. Nino can explain why there was a -- MR. NINO: The PUD is here after that date, but I don't, quite frankly, I -- MS. STUDENT: ! don't think it's -- MR. NI}K): You know, I don't think there's any -- MS. STUDENT: I don't think it'S a real problem. COHMISSIONE~ OATES: Okay. I'm Just asking a question. ACTING CHAIRMAN BRUET: The net result -- MR. NINO: We were in discussion -- I can tell you we were in discussion for a couple of months prior to that date of submission, but I don't think there's anything magic about those dates. The staff has the responsibility -- if they don't meet that date -- let me say this, staff has the responsibility of going back to the board and saying, hey, they didn't meet that date, we recon~aend you rezone the property back to agricultural. MR. HULHERE: Well, back to an appropriate zoning. MR. NINO: An appropriate zone. MS. STUDENT: Yeah, I would say that that would be rather Draconian for a situation such as this, so I don't see any real problem. MR. NINO: We tend to be flexible on that. ACTING CHAIRMAN BRUET: Six months sounds like a long time, but by the time you go through your redesign and all the issues involved and then negotiate with staff, the six months go really quickly, so the end result is going to be the same, yes. COMHISSIONERNELSON: Hr. Nino, another issue you raised in your report, which I thought was a good issue because of the broad number of uses that will be allowed, is the horizontal visibility issue. You had indicated that a vertical structure should be constructed in order to block that view, I guess from motorists, which I agreed with, but there's nothing in the resolution of adoption associated with that, and I wondered if you wanted to talk about that. MR. NINO: I was referring to outdoor space. There is a provision in the PUD that provides that no outdoor space is allowed except -- except where essential to the operation of that business. COMMISSIONER NELSON: But further -- MR. NINO: Storage. No outside storage. It was meant in regard to storage. COHHISSIONER NELSON: No, but even when it's essential, you had recommended that a structure be put together to block the view, I think because of it's location, which I also thought was a good idea. That's on page -- that's on page four. MR. NINO: Page four. COI4HISSIONER NELSON: Towards the bottom. HR. NINO: I think I was referring to outdoor storage, that given its sensitive location at an interchange, we wouldn't want to be looking at, you know, outside -- outdoor storage of lumber product and Page 19 October 16, 1997 interchange activity centers and the Southsrland PUD's a good example of one. That is -- you know, that is not provided for in the future land use element. The future land use element says that all of the commercial uses that we per, it in C-1 through C-5 are permitted uses in any activity center. So I want you to appreciate that while this goes to a larger list of uses, that that is still consistent with the future land use element, and in my opinion, when we look at the uses that are now authorized, you know, the degree of intensity hasn't varied that significantly. I mean, this PUP allowed gas stations and, you know, that gas station may be a problem on the cowlty board's agenda. We don't know. It allows restaurants. It allow~ hotels and motels. It's really more structured like a freeway interchange activity center. This tends to -- this tends to depart, while it retains all of those uses, nevertheless, it tends to also permit the conventional offices and retail uses that we tend to get in any activity center. In any event, that action is consistent with the future land use element. One of the major reasons why staff recommended they come back with a new -- with another PUD, as well as with the Donovan and there's where there's some interrelatedness here. We were very anxious to get these two PUD's to be accessed by a common driveway, and when you hear the Donovan PUD you're going to find that, in fact, that is accomplished. These two PUD's have now come together for all practical purposes and will be accessed by the same street system with Immokalee Road -- from Immokalee Road. So that, we think, is a major accomplishment here. In addition, this PUD is structured so that the architecture on it will be internally consistent. We have this concern that at the gateways to Naples, we ought to have projects, particularly PUD's, where all the buildings have some architectural uniformity. In addition to having complied with the Land Development Code architectural requirements, in addition to that, the buildings themselves will be internally architecturally compatible and the same you'll hear on the Ponovan PUD. So we think we've made two major accomplishments here in that regard and I can tell you that the development standards as proposed are consistent. There is a 50 foot setback from Immokalee Road on this, in this PUD, and we think that is a good standard. There are two items that we need some additional provision for in the I~JD. That has to do with a requirement under environmental that would ensure that this PUD is -- needs to comply with all of the arch -- all of the environmental requirements of the Land Development Code, and with that, we can heartily support the replacement PUD and recommend it to you. COMMISSIONER OATES: Hr. Chairman, I have a question of Ms. student. It says in here that consequently, as a result of BBC action pursuant to sunsetting provisions of the LDC, the owner entity was advised to submit an amended PUD by June the 5th, 1997. An amended PUD Page 18 October 16, 1997 MS. STUDENT: The reason for that is if there's a conflict of interest and if there is one and it's later disclosed, your PUD's no good, so -- MR. WARD: Well, the other -- there's two partners. Myself and Abe Grover Madini (phonetic), a company that he owns. He's a Panama resident, but Mr. Robinson -- MR. ROBINSON: Do you want me to address that? MR. WARD: Yeah, can address that better. He's the attorney for Mr. Madin£. ACTING C}{AIRKAN BRUET: Someone needs to, please. Please step forward. MR. ROBINSON: Hi, I'm Westly Robinson, I'm an attorney from Miami. Do you need my address for the record or any -- ACTING CKAI~ BRUET: If you would, please, being from Miami. MR. ROBINSON: Yes, it's 501 Brickell Key Drive, Suite 504, Miami, Florida, 33131. Thank you. The actual majority beneficiary of the trust is Contract Enterprises, Inc., which I believe is a Delaware CorDoration, and the owners of that corporation are two U.S. citizens, brother and sister, one is Abe Graver Madini and the other individual is his sister, Ellen Major, M-A-J-O-R. ACTING CHAIRKAN BRUET: Ms. Student, is this satisfactory? Do we need some additional information from them or -- MS. STUDENT: I believe it's satisfactory. ACTING CHAIRMAN BRUET: As long as -- MS. STUDENT: If you can determine whether or not you have any conflict of interest on the basis of that information and I assume that no one does, so we can proceed. ACTING CHAIRMAN BRUET: Is there anyone on the board here with any CO~MISSIONER OATES: I've never heard of any of them. ACTING CHAIRMAN BRUET: Fine. Thank you very much. Ron? MR. NINO: Yes. The Stiles PUD was a PUD that had sunsetted and on s%u%set review by the board of co~=~issioners they were directed to return within six months with an amended PUD, and they have so complied with that directive. The Stiles PUD, as now structured, is consistent with all the provisions of the Land Development Code and GMP. It's important to a~reciate that this is an a~roved PUD, and there is some entitlement involved here and on page two of the staff re~ort, we pointed out what the uses were that are currently ~ermitted in the PUD and we pointed out that the PUD as restructured takes advantage of the way we now talk about land uses in terms of their relationship to the standard industrial classification manual. It should be ai~Dreciated that, you know, in doing that, they have expanded the use -- the list of uses that are authorized in this PUD over and above what were previously authorized. A$~)arently, it was the practice of -- some of you older fellows will recall, the PUD's of the 80's, tended to almost be use specific. There were only four or five uses permitted at many of these Page 17 October 16, 1997 a setback to 30 feet and -- Ma. NXI~O: And increasing utility sheds. COMMISSIONER OATES: Increasing utility shed size 60 to a hundred square feet. ACTING CHAI~0~N BRUET= As recommended bY staff. CO~)~ISSIO}~R OATES: As recommended bY staff. ACTING CHAIK~O~N BRUET= That would have been a lot simpler. COMMISSIONE~ OATES: That's true. ~ISSIONER PRIDDY: Second ACTING CHAII~MAN BRUET: Is there a second? Any further discussion? All in favor? Opposed? Motion carries. Ma. TYSON: Thank you. COMMISSIONER PRIDDY: It's the Oates and Pridd7 team. ACTI~ CHAI~ BRUET: Where's Ms. Cawley? COMMISSIONER OATES: Bruce, do you wan= to wake up Barbara? ACTING CHAIRI4AN BRUET: Moving forward to Petition Number pSPo97-9. Staff? MS. STUDENT: I believe that was continued. ACTING CHAIRMAN BRUET: Excuse me. COMI<ISSIONER OATES: Is that the one we continued? ACTING CHAIRMAN BRUET: Yes. Move forward to Petition PUD-86-10. Ma. NINO: Would you like ~o swear in Barbara? ACTING CHAIRMAN BRUET: This being a public hearing, all those to testify, please stand and raise your right hand. (Speakers on this issue were sworn.) Ma. N~O: May I ask Karen and whosoever is going to testify for the Donovan, because there is some interrelatedness here that may require -- ACTING CHAIRMAN BRUET: Certainly, please raise your right hand. (All speakers on this issue were sworn.) COMMISSIONER OATES: Mr. Chair~an, I have a question. Who are the beneficiaries of the trust? ACTING CHAI~ BRUET: On wha=? On the file? C0~I$$I~ OATE$: On this one. ACTING CHAIRMAN BRUET: Yes, if you could give us your name, please. , MR. WARD: O~en M. Ward, and I'm a local real es=ate broker. I m trustee of Stiles PUD, and the trustee -- the partners~ is that what you're asking? COMMISSXONER OATES: Who are the beneficiaries of the trust? ACTING CHAIRMAN BRUET: Yes, who are the beneficiaries of the trust? That's important. Ma. WARD: Well, it's important, but at the that we filed -- at the time we purchased this, as well as Laurelwood, I can't tell you the legal background of it, but it was not necessary or a requisite that we disclose the names of the beneficiaries of the trust. I realize that's not so today, but it was my understanding at that time it was not a requisite. COM~ISSIO~ OATES: Well, it is now, and we're hearin~ this petition now or else we just vote it out and say, no, right this Page 16 October 16. 1997 need it? MR. TYSON: It was -- it's anticipated -- it was an:icipated, as understand it, when the initial project was done. t,hat smaller vehicles were very co~on and the goal of the -- and there was a properuy transfer and the goal of the new owners is to provide for the new coaches, these luxury coaches that are 40 feet long instead of the old 28 to 32 foot long and that's what's required to fit them on the property. - ACTING CHAIRMAN BRUET: It's Just a market change over the years HR. TYSOn: It really is. ACTING CHAIRKAI~ BRUET: Any further questions of petitioner? not, I'll close the public hearing. COMMISSIONER OATES: That lady wants to speak, I think. ACTING CHAXRIiAN BRUET: Excuse me, I'm a step forward. that little taxes on it and we worthless strip of property in t~ere, ~u= w= v = didn't -- he's a farmer in Illinois and he didn't get enough time to get a petition -- you knc~, a representative, so I'm here just to state my opinion for him that we don't want the setback closer, you know, the property setback, the infringement to the worthless land there, the utility. THE COURT REPORTER: What was your name again? MS. KRESS: Mrs. Charles Kresse, K-RtE-s-S'Y -- K-R-E-$-S-E, I'm sorry. I'm a little nervous up here, but that -- since, you know, we didn't have time for counsel, I'm Just coming in bis behalf to request that you don't gr. ant the utility setback, you know, the rest of it is no problem. We Just prefer not having that if we could, please. ACTII~3 CHAIKHAN BRUET= Is there a -- som~ specific reason? I mean, other than the concept o£ being a little closer, is there any -- MS. KRESSE'. Yeah, who knows what might, you know, develop for use of this property in further years, who knows. $o we Just don't want to have the utility setback that close. ACTING CHAIRMAN BRUET: Okay. Hr. Nelson. COMMISSIONER NELSON: I was gonna ask a similar question to find out, because it seems the larger units that they're trying to provide room for are more luxurious units, you know, it's going to attract actually even nicer neighbors. I'm not sure that your worry is also valid, and staff can talk about that. In other words, I don't think they can Just change the use and put in other things that you wouldn't be aware of in there and allow it to go closer= isn't that correct? MR. NINO: Correct. COMMISSIONER NELSON: Yes. MS. KRESSE: Thank you. ACTING CHAIRMAN BRUET: You're welcome. Anyone else wishing to speak? Therefore, I'll close the public hearing. Is there a motion? COMMISSIONER OATES: Plr. chairman, I move that we -- I don't know whether we approve or what do we do. MI1. NINO: You recommend. COMMISSIONER OATES: I recommend approval of Petition pUD-92-6, excuse me, as stated this morning with the change in name, the allcwing Page 15 October 16, 1997 no practical effect that dlmlnut~on on effect. Immediately north of that 60 feet, I would remind you, is the Silver Lake RV Park. To the east, the majority of the land to the -- first of all, the land to the east is all mobile homes and, secondly, the majority of that boundary is continuously Cypress Preserve. So the diminution of the setback there has for all practical -- has no practical effect. We widened -- staff, in the original, in the TTRVC, have a 60 foot minimum for utility sheds. Quite frankly, you know, I was the author of that, way back, so I can tell you that the reason for it was to discourage the ~ermanent occupants -- occupation of RV's, which we all know is a fact in many areas and the smaller we can keep spaces, the least likelihood there is that one will attempt to use the pro~)erty in a year round fashion. Well, that read doesn't work. So we, the staff, really have no real opinion for allowing the to a hundred feet and obviously utility shed to increase ir.om. 60. fee~ the name of the development and we don't have any problem wit~ cD~ngxng recognizing the n.ew owp. er ~nt~ie? and we recommend approval to you. Ms. Student ~as slgne~ ozz on the ordinance indicating that all the wordsmithing has been taken care of. ACTING CHAIKMAN BRUET: Are there any other further questions of staff? If not, we'll move to Mr. Tyson. MR. TYSON: Thank you, Mr. Bruet. For the record, my name is Bruce Tyson. I'm a project manager with wilson, Miller. Two other Just short points or brief points that I'd like to highlight here. One is that the hundred square feet precedent has already been established for that by another project very similar to this, which is Crystal Lake. It's up at Immokalee and 951, and in reviewing the PUD for Silver Lake, they have a 15 foot setback requirement. When this PUD was put together it went to 50 and we're requesting that that be reduced to 30, which is twice al much as the project L,~f, ediately to the north. And Just a little bit more about the strip that exists in between the parcels. It's a five acre re(l~irement and, therefore, it would take almost three quarters of that distance from 951 on the left-hand side or to the west, going back across the top, to get to five acres. A variance would be required because they don't have the existing frontage requirement to do that and the only real utilitarian use is to place about 3,800 feet -- excuse me, 4,800 feet of roadway on that to get to or to access the rear land. So the reality is that we don't think it's overly useful. On one hand and ac the same time, we're recognizing that what we're doing is still twice as much that exists to the north. ACTING CHAIRMAN BRUET: Any further questions of petitioner? COMMISSIONER NELSON: Mr. Tyson? MR. TYSON: Yes. COMMISSIONER NELSON: Since going from a 6 by 10 to a 10 by 10 utility isn't going to require a great deal more space, obviously, and I have no real problem with that, I Just wondered, do you have any plans for this, if in fact we grant this setback reduction, why do you Page 14 1 6G1 October 16, 1997 KR. BELLOWS: Yes. ACTI~ CHAIRMAN BRUET: Anyone care to speak to the issue? Therefore, ~ close the public hearing. COMMISSIONER OATES: Kr. Chairman, I move we submit the recosm~ndation of approval BZA Petition -- excuse me, NUA-97-3. ACTING CHAIRK~N BRUET: Is there a second? COMMISSIONER~: I'll second it. ACTING CHAIRH~N BRUET: All in favor? Opposed? Motion carries. If we can move forward to petition Number PUD-92-6(1). MR. NINO: You wan= to swear us in? ACTING CHAIRMAN BRUET: Being a public hearing, once again, we'll need to swear in those wishing to speak. (All speakers on this issue were sworn.) ACTING CHAIR~N BRUET: Thank you. MR. NINO= For the record, myna me is Ron Nino. The petition that is before you would have you amend the Southwoods PUD, which will as a result of this amendment° if approved, will become the Pelican Lake PUD. As is our administrative practice, while this is a relatively minor amendment, nevertheless, we're replacing the PUD, reputing the current PUD and replacing it to facilitate our administrative handling of petitions as they come along. COMHISSIONER OATES: What we really need is another Pelican. HR. NINO: This amendment does two significant things. One, it would allow utility sheds to increase from 60 square feet to a hundred square feet, and two -- and I have to apologize for not talking about or discussing it in my staff report, but I do have a handout. This petition would also reduce the setback for the boundary of the park from 50 feet to 30 feet, and not so importantly, it would change the name and the owner entities that are related to the current -- the 1and'The issue -- none of these issues have any GMP relationships. There's nothing in the future land use element that deals with sizes of utility sheds or setbacks or things of development standards of that nature. So we don't have any issues of inconsistenc~! here. The only issue we have is the issue of compatibility. Why -- for example, why do we have a 50 foot boundary requirement for TTRVC's, and as my report points out, I think the geneses of that is there is the presumption that the TTRVC may be next to conventional housing and therefore there is a desire for a greater separation between an RV and conventional housing. In this case we have -- we have =he property on the north. There are two boundaries, two exterior boundaries and two perimeter boundaries. On =he nor=h, you have a 60 foot strip of land. This is very well highlighted on Bruce's map. A 60 foot piece of property that, quite frankly, for all practical purposes has no utility. The owner of the property may not appreciate that statement, but =he fact remains that there isn't anything you can do with that property, other than perhaps -- other than build a single family house on 951 and use the balance of that property for raising crops or Page 13 October 16, 1997 the public hearing then. Anyone else care to speak to the issue? Therefore, the $~blic hearing is closed. COHM/SSIONER PRIDDY: I move that we recommend for approval pSP-97-12. Priddy' s motion? ACTING CHAIKMAN BRUET: Is =here a second for Mr. COMMISSIONER WRAGE: Second. ACTING CHAIRMAN BRUET: Second. All in favor? Opposed? Motion carries · HR. WZLKISON: Thank you. COMMISSIONER NELSON: We're really rolling. ACTING CHAIRMAN BRUET: We're doing a fine job as awkward as I'm a public hearing, all those doing it. petition Number NUA-97.-3, being who are going to testify, would t~e~e 91ease stand, under oath. Do we re we go. Sir, you need to come up need the gentleman in ~_he .back? here. Please stand and raise your right hand while she reads the oath to you. Okay, and -- there you go If you let the staff do their presentation then they'll get back to you. COMMISSIONER WRAGE: Mr. Chairman? ACTING CHAIRMAN BRUET~ Yes. COMMISSIONER WRAGE: have visited this site. Okay? ACTING CHAIRMAN BRUET: Anyone else with input? Staff? HR. BELLOWS: Yeah, for the record, Ray Bellows. The subject property's located at 609 Booker Boulevard in Immokalee. Petitioner is requesting a non-conforming use alteration to allow the property owner to replace an existing single wide mobile home with a double wide mobile home. As you can see, the subject property is located adjacent to a village residential zoning district which allows for mobile homes and there are some existing mobile homes in this area. It's also located with an RMF-6 zoning district and there are some existing single family homes to the northwest, vacant lot, directly to the north, vacant lots to the south, a mobile home, a multi-family development is surrounding the area. This area of Immokalee, south of Houston Avenue and west of County Road 846, has a unique character which continues -- contains other mobile home units and multi-family units · It is the opinion of staff that allowing a replacement of older dilapidated units with newer will enhance the character of this area. Therefore, staff has no objection to this replacements and has not received any letters for or against. Any questions? ACTING CHAIRMAN BRUET: Just a step forward to upgrade his property in the community, I assume? HR. BELLOWS: That' s correct. ACTING CHAIRMAN BRUET: Very good. Mr. Terry, do you wish to speak? (No response. ) COMMISSIONER WRAGE: I've Just got two questions, Ray. Is this a new home? HR. BELI~OWS: The replacement unit will be a new home unit. COMMISSIONER WRAGE: And he is a resident? I mean, he's gonna live in it? He's gonna run it? Page 12 October 16, 1997 subdivision plat was laid out and in order, frankly, to make the site work for what the~ want to do with it, they've got to have a driveway. They can get in off of Corporation Boulevard, but it just, it simply is not feasible. So rather than hold a hard line, we looked at -- we looked at the access management policy, we looked at what we anticipated the actual traffic generation was going to be and I don't want to go on record as saying, no problem. There's always problems, but it's not unfeasible for them to proceed with their development based on what we've laid out. ACTING CHAIRRAN BRUET: The distance from the intersection, really it's -- you've got it tucked back in the corner as far as it will go. HR. KANT: Absolutely up to the gunnel's edge. ACTING CHAIKMAN BRUET'. Okay. COMMISSIONER WRAGE= Originally, was it their request only to have one exit or was it something -- HR. KANT: Are you referring to the original plat? There was a stipulation -- there was an agreement sheet on the original pla~ from -- it's probably close to 10 years ago, as I remember, that simply said that there would be no access, except for that one where Corporation Boulevard comes out and then the way the property developed, it became obvious that Corporation Boulevard was going to be the front door for those businesses, but as you go around the corner, there's no frontage on this lot. There's maybe 30 feet, 40 feet, maybe. It's a relatively small amount of frontage. So the only way tb~t this lot would become usable would be to go in off of Radio Road or to go in off of Industrial Boulevard, and again, as I say, the lesser of the problem causing issues would be coming off of Industrial Boulevard -- or Industrial Boulevard. HR. WILKISON: Good morning, c _~___issioners. ~y name is David Wilkison from Wilkison & Associates. I'm representing the petitioner, First National Bank of Naples. We are in agreement with staff's stipulations and I'm here to answer any questions you may have. ACTING CHAIRMAN BRUET: Yes. COMMISSIONER NELSON: Just one question, Mr. Wilkison. I agree with this, incidently, for the bank's use as well, but it looks like there's a very small amount of frontage on all of the corner lots. Are we gonna be faced with a similar problem on each corner? HR. KANT: Perhaps I could address that because Mr. Wilkison may not be familiar with it. There is only one other undeveloped corner lot which lies along Radio Road, and they -- we've already had some discussions with a potential developer of that lot six months, a year ago, and they recognize that it is, again, not feasible in that location to get access off of Radio Road. We have to take these on a case by case basis and so I would not want to make any kind of generic statement, but that lot at present, we're looking at access from Corporation Boulevard. That other lot, I'm referring to. COMMISSIONER NELSON: Good. COMMISSIONER PRIDDY: Mr. Chairman, I move that we -- ACTING CHAIRMAN BRUET: Mr. Priddy, Just one moment. I'll close Page 11 October 16, 1997 (All speakers on this issue were sworn.) ACTING CHAI~ BRUET: Petitioner's not represented? COHHISSIONER PRIDDY~ Yes, he held his hand up. ACTING CHAIRF~N BRUET: Okay. MR. BADAMTCHIAR: This is a temporary use permit extension for a model home located at 1830 Golden Gate Boulevard. They are requesting a three-year extension. Staff reviewed this petition. They fully comply with the requirements of the Land Development Code. The staff should commence the three-year extension. Staff hasn't received any letters in o~position to this request. In the past, they never had a code violation at this location. ACTING CHAIRMAN BRUET: Okay. Anyone in the audience care to speak? If not, we'll close the public hearing. COMMISSIONER OATES: Hr. Chairman, I move we approve TU-97-5. COHHISSI~ PRIDDY: Second. ACTING CHAIRMAN BRUET: Mr. Priddy with a second. All in favor? Motion carries. Hove forward to Petition Number TU-97-6, a second three-year extension request. MR. BADAHTCHIAN: Yes, this is another temporar~ use permit for the same company located at 1840 Golden Gate Boulevard. These two model homes are side by side -- ACTI}~ CHAIRHAN BRUET: Uh-huh. MR. BADAMTCHIAN: -- and the same situation, the staff should COherence the three-year extension. COHHISSI~ PRIDDY: Hr. Chairman, I move that TU-97-6 -- for approval. ACTING CHAIRMAN BRUET: Is there a second? COMMISSIONER PEDONE: Second. ACTING CHAIRHAN BRUET: Seconded by Hr. Pedone. All in favor? Opposed? Motion carries. Moving on to Petition ESP-97-12. Public hearing, all those wishing to speak, would they please step forward to be sworn in. (All speakers on this issue were sworn.) ACTING CHAIRMAN BRUET: Thank you. Staff? MR. BELLOWS: For the record, Ray Bellows. This petition seeks to amend the preliminary subdivision plat approval granted on September 5, 1985 by the Collier County Planning Commission, by adopting a new subdivision master plan which will repeal the stipulation that there shall be only one access to the subdivision from Industrial Boulevard. No other changes are proposed. The petitioner's requesting the second access to Industrial Boulevard from the northwest corner of Lot I to allow for a driveway connection to serve a proposed bank facility. Transportation Department has not objected to this second access and is working with the applicant to sign the access. No letters for or against have been received. Staff recommends approval. Any other questions? ACTING CHAIRMAN BRUET: No. No problems, Mr. Kant? MR. KANT: For the record, Edward Kant, Transportation Services. No, this is an interesting situation because it was brought to our attention that it could be an anomaly in the way the original Page 10 16Gl ' October 16, 1997 CO~MISSIONER OATES: That's correct. ACTING CHAIRMAN BRUET: And they were four feet wide as part of your motion7 COMMISSIONER 0ATES: Right. ACTING CHAIRKAN BRUET: Do you care to amend that to five7 CO~MISSIONER OATES: No. ACTING CHAIRMAN BRUET: It stands at four. All in favor7 O~:~x~sed? ~ake t~t six to tvo, motion carries. MR. REISCT{L: Mr. Chairman, can I ge= a clarification on when that one year would be from, so we can ~ut that in the resolution? COMMISSIONER OATES: One year from -- ACTING CHAIRMAN BRUET: It's really from -- COMMISSIONER PRIDDY: The begi~ning. Pulling the first permit. COMMISSI~ OATES: I would guess, yeah. ACTING CHAIRMAN BRUET: Issuance of construction. MR. REISCHL: From issuance of the first building permit? ACTING CHAIRHAN BRUET: Yes. MR. REISCHL~ Thank you. ACTING CHAIRMAN BRUET: Move forward to Petition Number TU-97-5. and once again this is a public hearing. All those that wish to testify -- MR. ~E: Mr. Chairman, I'm sorry. We did make contact with Mr. York's office and I'm not sure whether the message I got from my staff when they ~olled the board to see who would be here was incorrect or not, but he's out of town. So, we probably need to continue 7(A) to the next meeting. ACTING CHAIRMAN BRUET: Is there a motion to that? COMMISSIONER OATES: Mr. Chairma~ -- ca~ I do that, MarJorie? Am I allowed to continue it? ~S. STUDENT: Yeah, that' s fine. COMMISSIONER OATES: Okay. I move we continue PSP-97-14 to the 6th of November. MR. MULHERE: Of course, we're gonna run into a similar problem at the next meeting unless we have at least, you know, five of the six who can vote on it at that meeting. So, we'll -- one more time we'll poll, and this time I'll make sure that we s~eak personally to the individuals. ACTING CHAIRMAN BRUET: Thank you. COMMISSIONER PRIDDY .' Second. ACTING CHAIRMAN BRUET: Is there a second? There was a motion and Mr. Priddy seconded it. All in favor? The item is moved to the next meeting. MR. ANDERSON: Nice to see you this morning, anyway. ACTING CHAIRMAN BRUET: Thank you, Bruce, fine job as always. Fine Job as always. If we can return now to Petition Number TU-97-5. MR. BADAMTC~IAN: Good morning, commissioners. Chahram ~adamtchian from planning services staff. ACTING CHAIRMAN BRUET.' This is a ~/blic hearing. Could all those wishing to testify please stand and the secretary will read your oath. Page 9 October 16, 1997 there right now. We'd like to have a sidewalk out there. In fact, we have some frontage we'd pave for sidewalk if you want us MR. KANT: And that's Just the point that I was making, and that is that when we look at the overall plan, that while there are a number of streets and roadways that don't have sidewalks or pathways today, that doesn't mean that that's not the goal that the PAC is working towards, so my only concern is that if you choose to waive this -- recommend a waiver of this requirement, that you do so having these facts in front of you. MR. BUTLER: Again, there is no interconnect to any other adjacent neighborhoods. It's simply to Cypress Way. ACTING CHAIRH~N BRUET: Thank you. Anyone else? MR. KANT: I was Just reminded that since this a preliminary subdivision plat, it's not a recommendation. It's the word. So, again, our position is simply that you recognize the importance of this issue on a system-wide basis. Thank you. ACTING CHAIRHAN BRUET: Is there anyone else who cares to speak to this issue? If not, I'll close the public hearing. Any discussion? COMMISSIONER OATES: Mr. Chairman? ACTING CHAIRMAN BRUET: Mr. 0ares. COHMISSIONER OATES: I would move that we approve PSP-96-6. That's actually 96-14, I beg your pardon. This is wrong. And recommend, I mean, pardon me, approve this subject to the stipulations as shown in the resolution, but with the stipulation that the petitioner be given one year before constructing the sidewalks. COMMISSIONER PRIDDY: I'll second that and I'd like to ask the motion maker if we could cut that five feet down to four feet. COMMISSIONER OATES: Sure. ACTING CHAIRMAN BRUET: That ' s a good idea. COHMISSIONER NELSONs Well, we have four feet on Marco Island and I think it's almost, you know, too narrow. In other words, we're willing to expand them all to five and six feet because it's just COMMISSIONER PRIDDY: But you're doing that on major roadways and larger streets. COMMISSIONER NELSON: Yeah. No, but I think it applies all over. I think five foot is kind of a minimum too. MR. BUTLER: I know the hearing is closed, but can I add something? We wouldn't have a problem with five feet if we put it on one side of the road or the other. ACTING CHAIRMAN BRUET: I'm sorry. The hearing is closed here. COMMISSIONER WRAGE: Question. Are we talking about sidewalks or a sidewalk? Are we talking about one or two? ACTING CHAIRMAN BRUET: Walks. COHMISSI~ WRAGE: On both sides of the street. COMMISSIONER OATES: Four feet. ACTING CHAIR2~AN BRUET: Motion has been given to -- delay it to one year so the developer doesn't build them right away. COMMISSIONER WRAGE: Still got a sidewalk on both sides? ACTING CHAIRMAN BRUET: Both sides. Is that correct, Mr. Oates? Page 8 October 16, 1997 name, but it's off of Osceola Street down in here and it's an older subdivision and those folks petitioned for sidewalks and they got almost unanimous suu~ort. Every ti~e, based on what ~y staff is telling me, every time we'd go out and talk to people about sidewalks, bike paths, pathways, you know, Dick a name, everybody wants them. So I don't disagree with Mr. Butler's premise that perhaps a deferral until the subdivision get -- starts to get built out, but I do have a problem from a system point of view of looking at this as an isolated issue. Thank you. COMMISSIONER OATES: Mr. Nelson, I might answer your question. I have lived, when I first moved to Naples, I lived in Lake Park and we had no sidewalks. Then I moved to Coquina and we had no sidewalks. Then I moved to Lakewoo~ and we had no sidewalks. Then I moved to Lely and we had no sidewalks. Then I moved to Bent Pines and we had no sidewalks. Then I moved to Palm Circle and we had no sidewalks, and I'll tell you one thing, I loved living in those areas because we didn't have sidewalks. COMMISSIONER PRIDDY: I feel likewise myself. ACTING CHAIRMAN BRUET: Mr. Priddy. COMHISSIONER PRIDDY: Mr. Kant, are we locked in on five feet on these? Because it appears -- it appears to me that, you know, we're talking about filling up probably 20 percent of the front yards of these people's homes. I don't know how -- MR. BUTLER: These are full-size lots, but it's still an area. COMMISSIONER PRIDDY: Yeah. You know, we're talking about creating a concrete Jungle and I understand, you know, the need for sidewalks and whatever, too, but it sews that in this small subdivision that five feet may in fact be a lot more than is needed if in fact the sidewalk is -- MR. KANT: Ty~ically, a four foot sidewalk is about the absolute minimum for two people to walk comfortably side by side. If you get more than that or if you get a person and a bicyclist or a person in today's -- either a skateboarder or a rollerblader, four feet can be very uncomfortable. That, gentlemen, I sub, it is a discretionary item. Our reco~sendation is to go with the standards that we've established. On the other hand, you've got the votes, not us. COMMISSIONER OATES: If you could ban skateboarders, maybe that would be a real good reason not to have sidewalks. MR. REISCHL: And also on Mr. Butler's plan, it does show the five foot sidewalk on -- within a right-of-way, not within a yard. ACTING CHAIRMAN BRUET: And you don't plan to gate this community; is that correct? MR. BUTLER: We're talking about possibly gating it, but I suspect not. ACTING CHAIRMAN BRUET: So if they gated it, they couldn't link it very well, could they? MR. BUTLER: There's nothing to link it to. I mean, we'd like to have a sidewalk on Cypress Way, ourselves. There is no sidewalk out Page 7 Co.~. County (3ovl. Complex Bk:k3. - J 3301 Tamtamt Trail. East, Naples. FL 33962 Telephone (AC 813) 774-4434 Attached ~~, copy ofthe Au~t and $eFteat~ monfl~ statisfcs for Pelican Bay, No~ N~a ro~d pam~, S£.T. T~m, Nort~ Napl~ Conmua7 S~vic~ depoti~ report, u well as ~ break down for c~ts for ~-k~e speclt~ to PeScan Bay. For Dr~d X2et PELXCAN BAY AR£A gun Hon Tuem Ved 7 2e 26 · t · · I · · 2 · I · · · 2 t I 1 t t 4 3 14 2G ~4 35 Set TotmX 27 31 21 157 · I · · · · · · · · · I 2 m · m 2 · · · · · · 3 · · · I I · 4 · · · 3 · · I 2 · · 1 3 2 2 ~2 37 26 2e4 Fro~ 17/1&/97 %brough 88/~5/97 PELZCAM BAY AREA Wed Thur Frt Sit Totm! 16G1 '" C ~ C~ ~ 2.997 TOT~.L ~ 1491 ~ 48 ACCIDENT ASSIST 02 *F. X.P. EPOHT~ 11 * INTi2L. ]t.EPOKTS O0 07 04 O~ FELONY~ 00 MIS'D~ 00 ~m.1~. ~ 00 A]Ut~STASBIST 00 *~CCi'TS 24 *TILFC. KIL~NIN~8 20 *PAHKIN~CITS. 01 N.T.A.'B 01 ~ALARM~ 161 BAKER ACT 00 MYERS ACTS 00 *SIG &iR 554 *SIG 41B 496 CITY ~ 00 BACK-UP CLS 39 $CHOL XIN~ O3 TRFFC STOPS 34 S.I. TOTAL 784 Dal~e 1 6Gl mq ~ P. Win] in nn etfort io i~ lowa..ds a mo~ z~escs~ ~ ~ a ~ b Pr°vided b~l°w °utlining tl~ West Blvd. & Ptlk~n l~y Bh~l. Eas~ & Wes~ Cr~/toa P,d. & Pldic;m Bay BI~I. Welt North & Sodh Bull Nose of mcdhn w/cuU So~h Oakmom Cul-da4ac Oaan~ Sisn 2 2 4 2 lnd~m ~ ~ si~n 4 Bougairn'ilkn FtcM Locntcd -Indian l-LTn~hot~ &Ornamcntal Gt-dss's AGENDA REC :V;=Dj. 6 G 1 NOV r 97 COLLIER COUNTY PLANNING COMMISSION WILL MEET AT $:30 '~.. NOVEMBER 20. 199'7 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM. ADMINISTRATION BUILDING. COUNTY GOVERNMENT CENTER. 3301 TAMIAMI TRAIL EAST, EAST NAPLES. FLORIDA: ~ANY PERSON W'HO DECIDED TO APPEAL A DECISION OF TH/S BOARD WILL NEED A RECORD OF THE PR(XTEEDINGS PERTAINING THERETO. AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE~ WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESEN'rATIONS BEFORE THE CCPC WILL BECOME A P~ PART OF THE RECORD. THESE ,MATERIALS W~LL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. I. ROLL CALL BY CLERK 2. ADDENDA TO THE AGENDA APPROVAL OF MINLFTES: Ocmbcr 16. 1997 PLANNING COMMISSION ABSENCES: BCC REPORT CHAIRMAN'S REPORT ADVERTISED PUBLIC HEARINGS: Constantine_ ~ p.r..,, To: Pctition No. PSP.97.14. M,tt'k D. McOem~ of commum~/ En~'inccrms Scrviccs. IK.. W~on ~1~ ~ ~t ~ of C.~ 951 al V~lt ~h R~ m ~ 35, To~ 48 ~ ~ge 26 E~L c~l of 322.15 ~. (C~d~a~ S~M~y) p~ No. V-97.10, Kelly B. ~ ~ A. !1~ re~g a 10 f~t 5 i~h ramie from ~ re~ed 30 f~ ~ ~k ~ ~ I~ ofT~ 5~, ~ ~ ~ U~ 26, ~ ~ 15, T~ 49 ~u~ ~ge 26 EuL Cofl~ C~. ~ (C~t~ ~y ~1~) p~ No. V.~-I), P~ E~ ~ C~I B. EH~ r~ a 2.~9 f~ a~-~-f~ ~e ~ ~ re~ si~ ~ck ~7.5 f~ 5.11 f~ rm ~ ~ at 170 Hol~ ~, ~ ~n~d ~ Site I, Bilk B, ~1~,-~ ! ~,it i. Colli~ ~, ~. (C~d~ ~ Ba~h~n) Il. Ptmton No. O~P.97.3. Wtlltsm t,. Iloovet. AICP. of tlonvct l)lsnmnl Sboppe, rt'prcscntmg James Lindsay. Bank Diteckx of Ftm National 13snk of NJples -Goldcn Gste, requestinl approval of off-site parkml~ and a bank AT~ on LMs .11 & 32, Block [4. (:~idcn Gate Uni~ 3 (le~1, the easterly 40 fcc! of Lot 31 ). to scr~.c thc ext~mS business located on Lots I-3. Block ~4, Ooldcn Gate Unit .3. which business is located at 4794 Ooldcn Crate P~4cwsy. in Section 2S, Township 49 Sou~ Range 26 East. Collier County. Florida. (Coordina~oc Fred Rci~chl) Pctition No. C1~-07-17. ~ Kecne, P.E., rcixcscnting Jerry R. llooks and Cathcrinc J. Boyc~e. rcqucstmg Conditional U~ "23' of the "A' zonm~ district fm a spothng and recrcnticmal camp including alrboat for IXOpcrry (M, Knbed a~ that part of'Section .36. Town~ 51 So,h, Range 27 East. lying so~th and wcst of U.S. 41 fTaminmi Trail East} m ColIicT County, Florida, co~is~$ of 194 acrc~, more or less. (Coordtmtoc Fred Pctition No. PSP-9'/-9, Dav)d II. £anneT, E.I., of Coa.~l ~ Consultants, Inc.. rcprcscnting thc Club Esmes, LC., ~ Prclimina~ Subdivision Hat q~'ctvnl for "'l'he Club Estates" located on the wcst IMe of Isl~ of CJIx't Road (CR-951) and nofl~ of RJ~lemake Han~nock Road (5R-864) in Section 10, Tml, ml~ 50 ~ Ras~ 26 Ea~ comtsW~ of 155.8 $CTCJ. (Coordinatoc Ron Nino) (Contmucd from (X'IoMr 16. 199"0 P~ii~on No. DOA-97.2. William R. Vines, of Vh'~cs & Associatc~ Inc.. rcprcscnting Ricl-~rd K. Bcrmctt. Trus~e, Natiecs Bank IJnd Tms~ #5222 for an ~T~ndmmt to ~e Twelve Lakes Developrncnt of Regional Impnc~ (DRIL Dcvelopmtm Order 87-I, Resolution 87-4, u amtnde~ for the pm'lx)K of rc~sing the d~e by which Time Si~.niflcam Ph?,Jical De~lapmL~ w~ to have commenced; Date prior to which no down zomng achon could occur, ~ Trmsp(x~adon Condttio~ and revising the PKuing Sche(fule for property located on die nor~ ~ of Da~s B(mlcverd wtrich cxttnds north to Radio Road in Scction 4, Towml~p 50 South, ~ 26 East, Collier County, FloddL (Cootdmaloc. Ron Nino} Petition No. PUD-9?-I.3, Michael R. Fcrnandez, AICP, of Plannin~ Dtvc~ Incorporatcd, rcprcscntin8 Antlx)ny J. tlartt~, r~ s ~'zone from 'A' Rural A~ricu~! to 'PUD" Planned Unit Dcvcloprncnt for a nixed me projecl d~at e~tabltlhed two tracts, Tracts 'A' (1.82 acrcs) and ~I3" (6.94 acres) for medical and related ~ on Tracl 'A", and n'L"dicai and ~lated mc~ or public facilitics and institutional u.Ks, or 42 mixed rrJidcn~l dwellin~ unds on Tract "B" fo( property fromin~ on IM south side of Inn'nokalee Road (C.R. 846}, lytn[ spproxtms~ly ~ fet~ ~ of Vderan~ Psrk Drive in SecTion 26, Tow~hip 48 South, RJngc 25 EuL Collict County, Flohda, coltdsttn[ of $.76 ~ mo~ ot le~ (Coordinatoc Ron Nino) PctWon No. DOA-97-4, C)eor~ L. Vatmdoe of Young vnnAucn(k~p & Varnadoc. P.A., rcprescnting C~,~,,~,~J, L.P., for an ameTjdmenl to dx Pellcaa I~anh De~e~ Order 95-1. as amended by Dewlopmc~ Order 95.5. Rtso~ 95-555, for dx puq:)me of redet'ming [he dcvciopmcnt str~teg,/and ~ Plan roi' ~ ponxm of Pelican Mardl lyinI cut of Airport-Pullin$ Road (C R. 31) and thc arca of Vanderbih 13each Ro~.Frank Road ~ for a 4.70 "CF' parcel, which w~ll rc~u]! in a reduction to dx nmn6cr of d-~cllin~ units anthori~d form 5,600 to 5,100 dwclling units while rc~sin~ the antlxxiz~ aw of con~x'rc~l developmcnt by decrca~in~ Ktail and office space, and increasing hotel q~ce, as w~ll u pravidin8 for a new Muter Plan illu~tratmg a twenty.~cvcn (27) hole golf com~e and incToaJed open spice in thai parl of i~e Pelican Ma~Jh cotrsTA~ty lying cut of Air]~ort. l)ulling Road and (Itsi[mtm~ a 4.7 ~ parc~! of land at dx Joutheut corner of' Vanderbilt Beach Road/Goo(Jlcttc. Frank Road for a c,~,~,,,unity FKility t3~e of land use, and a boundary change on the western most p~'cci having the effect ofdclttin~ 3.4 acrts ~ the Pelican Marsh co, at, unity, for property located immediately north of ancl con~gtx)m to VanderbOt 13each Road (C.P.. 901), ftorn Ah'por~-l)~lling road (C.R. 31 to U.S. 41 ,~orth} in .e)cctio~ 25, 27. 34.35 & 36. Towmhip 45 $omh, Range 26 Eut. consisting of 2,072 acrcs. (Coordm.~tor: Ron Nino} [Companion to PUD-93.1(3) 2 · 1661 9. i0. L Pettflen No. PttrJ~)-I()}, ~ L. Vaenedee of Yous~. v~,~A~,ndetp & Vamadoe. P.A.. rtq~.e'~'mmg WCI Cens~naie~ LP., f~ a re,ne fr~n 'IUD' Flamed U~ Dewbpnx-m to 'PUD' P1~nned Unit Deve~ ha~e$ the effm ~~ ~ Pel~ M~ ~. ~d~e No. 9~4. f~ ~ ~ of ~ ~ ~~ ~ ~ M~ ~ f~ ~t ~ of PcI~ Manh I~g east of A~- ~ ~ (C.~ ~i} ~ ~ ~ ~V~h ~h ~-F~ R~ mt~ f~ a 4.70 ~A~~~{C.~31}~~a4.7~el°f~~ ~t c~of ~ ~ ~ ~ ~ ~ ~1 ~ ~ ~ of ~ 3.4 ~ ~ ~ Pelican M~ C~ f~ ~ ~ ~~ ~ of~ c~ ~ Va~ilt Beth Road {C.~ ~!) ~ A~-~B~ ~ (C.~ 31} ~ U~. 41 N~ M ~ 25, 27, ~4, ~5 & 36. To~ 48 ~ ~26~c~ of~2~ (~ R~N~) (C~~o~A_97M) P~ No. ~a, O~ ~ & R~ ~ ~ M~I P~ M.D. re~ng a s~ll 6,1~ P~ ~. R-~-2, g~ ~ ~ Y~ ~ & V~, ~ R~n ~ of Hole. M~ a ~ ~ ~ Mini P~ ~ a ~ ~ "E' ~ m C-I~ f~ a ~ ~ f~ ~ ~ ~ ~ ~ c~ of N~ ~ ~ P~ Ridge R~ (C.~ ~k ~ ~ ~ % ~T~ 41, U~ 33, ~ ~ ~ ~ ~ 17, To~ 49 ~ ~e 26 ~ CoH~ C~, ~ ~g of~~ 2.3 ~. (C~d~t~: B~ MiR) OLD BUSINESS NEW BUSINESS DISCUSSION OF ADDENDA I !. ADJOURN I 1/20,~7 C'CTC AGENDA/md 3 RFO.~IVED NOV 1 3 1997 Board of Co~n,t~.Co~lsstoner Technical Advisory Committee and Citizens Advisory Committee of the The Naples (Collier County) Metropolitan Planning Organization Wednesday, November 19, 1997 2:00 P.M. Building"F', 3rd Floor Collier County Government Center Board of County Commissioners Meeting Room Planning Collier County's Transportation Future... Agenda Naples (Collier County} Mew~politan Planning Organization Wednesday.. November 19. 1997 2:00 P.M. Collier County Oovemment Center Building "F". 3rd Floor Board of County Commissioners Meeting Room Naples. Florida meeting a! eke N~rplt~ (Collier Calmly) Metropolitan Planning ~~ (St~) r~n~ ~ and ~ ~a~ CommiHe~ ~a ~n ~ gk~l~ ~ ~ do ~ ~n r~nMon ~ the Any tnnn~ de~irtng ta ktn~ tn Item pierced on eke qenda shall make a re~e~t in wrying, w#k m dt~etan tad Mmm~rt~tlan af the Item, to the MPO Cmrdln~t~e ~ lemt 14 tM~t pr~ t~ t~e dme af the n~.vt Jcheduled me~nt o/ t~e Addalda Io Ihe Al~rada Approval of ,Mlnule~ for (he O~totnr J2, 1997 Meeflnlt ?. A, Consklcmtoa of ~he FDOT Draft Tenmive Wink Pre,,ram B. Up&ue on the hmiami Trail Scenk Ili~hway Program C. [X~ribmion of 19qT/19ql C^C Manuab a~d Review of Ex~in& Bylaws D. Report on '[ramponalicm Demand Management Plan Development Mbctffaneo~s Corre~po. dem Lq'YEA Reautho~iza~km InformMion DH(u~Ion of Addenda AdJotsrn 1 6Glmm AGENDA ITEM Approval of the Minutes of the October 22, 1997 TAC/CAC 2 2 2 2 2 2 2 2 2 f DATE: TIbIE: PLACE: MINUTES OF TIlE TECIINICAL ADVISORY COMMITTEE/ CITIZENS ADVISORY COMMITTEE OF T~IE NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZATION Oc~obe~ 22. 1907 2:00 P.M. Co~ier County C. mvermnem Center Superviso~ of 13ecfio~ Clu~'oom Bugding B TAC bIEblBERS STAFF MEMBERS Wayne Arnold X M'm7 McKim ( I ) V~nce Cau~ero X F. dwlrd IC~nl X ~ ~i ~S T~ Sol~ ~S ~ ~ (2) Jo~ ~~ X F~ ~e X Ken Heathering~on X Amy Taylor X Gavin Jones X Jeremy Batfis X ~'~C ALTERNATES (I) ~Um Walker (2) Maureen Swenson TAC NON-VOTING M EM BERS Bill Lorer~ ABS Arthur Dobbemein X Larry Andmon ABS Roger Krahl ABS Robert C. Daniel ABS Sherrili Culliver ABS CAC MEMBERS A. Gail Borman Christine Straton Sally Barker Reed Sarvi John Ad~er Jack Poimcr Walter/ohnson ABS X X X X X ABS Dee Sheridan, Good Wheel~ CALLED TO ORDER 2.05 P.M. ADJOUR~I~D; 3.30 P.M. Reed Jarvi. CAC Chairperson ~ Gavin Jones ,/ MINU'IT,$ REVIEWED BY: ' ITEM I. ADDENDA Membership Issues were added as an addendum to the agenda. ITl:bi 2. APPROVAL OF TAC/CAC MINUTES of September 24, 1997. Ms. Theberge suggested that the words "spent to purchase" in the second paragraph of item 4B be changed to "used to fund the development oK" Staffmade that change. Mr. Kant moved approval oflhe TAC/CAC minutes for the meeting of September 24, 1997. bls. Stralon seconded the motion. The motion passed unanimously. ITEM 3. OLD BUSINESS 3A. Tax Payer Relief Act Mr. Banis described a provision in the recent Taxpayer Relief Act that enhances the ability of employers to compensate employees for not using parking spaces. Issues raised about the implementation of such a program included the question of what the ~ource of the money would be whhin a Collier County government program (count.,,' employee~ are paid from a variety of funds), how to enforce the policy.', what the incentive to prh'ate employers would be; and that such a pro,ram would be most successful alon~ide the availability of other modes. P, ls. Straton moved that stalT should create a Transportation Demand Management committee with TAC, CAC, and business representation. Mr. Kant seconded the motion. The motion passed unanimously. ITEM 4. NEW BUSINESS 4A. Consideration of Resolution 97-02 Author~ing the MPO to File an Application with the USDOT. hit. Kant moved to endorse the applkatiou to USDOT for Section 5303 funds, to be used for various transit related activities In the upcoming fiscal year, including a 4C. Consideration of a Request by FDOT to Amend the Transportation Improvement Program. Ms. Swenson moved to endorse the amendment to the TIP that moves WPI #114212 into F'Y 97/95. ~ts. Straton seconded the motion. The motion passed unanimously. Mr. Kant moved to form a committee that would review the scope of services as it was presented, and return with comments at the next meeting. Ms. Walker seconded the motion. The motion pas~ed unanimously. The committee saw the need to dally presenting the scope to the MPO until it had been reivlewed. Some of the issues raised re~a~dinB the scope u ~ was pre~,.med included the need for break down ofthe tot,d contr~'t ~ · desire to see suggested routes; the need for a program that tracks perfomanc~, the need to include seasonal residents in the public partidpation aspect ot'the plan preparation: the de, ire to quantify, if possible, if lack of transit affects attractiveness to new businesses; the desire to see other TDPs for comparison to the one proposed in the scope; the fact that new developments m'e not transit fdendlT, and the need to rem/nd readers of the TDP that there are many types of vehicles available for providin$ transit services. Transit Development Plan. W{s. Barker seconded the motion. The motion passed unanimously. 4B. Consideration of a Scope of Servicee for a Transit Development Plan (TDP) Submitted by the Center for Urban Transportation Research (CUTR). IT£,M 5. .Mis¢¢llineous Correspondence lnd Discussions Mr, tlmtherinffton introduced hfs, Sheridan of Good Wheels. Ms. Sheridan said there would be an opportunity to tour the facilities at an open house when the transition period FF~M 6. Discussion of Addend~l Membership Issues Mr. Jaswi announced his desire lo step down as ch2irperson of the CAC. He suggested the nomvotinl~ membees of the TAC no longer be recorded in the minutes. Ms. T~ytor mumunced that Ms, B&rker Ind Ms. Borrnan would be recommended for re- ~ppoimment to tl~ CAC ~t the MPO meeting two days hence. ITI:M '7. Adjourn 3:30 p.m. 4 AGi~NDA ITI~M Old Business Transit Development Plan Scope 1 661 "m 1 6G1 Coustdermfloo ors Rfvls~ ~ of'Services ~r a Trtmsit Developmut i'Ltu Submitted by the rot. Urb~t Transpoetaflon (CUTR) Ob}eeflve: To review and r~commend for aplx'oval a r~vised scope of services for a Transit Dcvel~ Flan (TI)P). C~tdderntlom: At the C^C/TAC Meeting of Octob~ 22, 1997, the CAC/TAC reviewed a &aft ora sco~e of services sul~nitted by the Center for Url~.n and Trtnsportat~ Rc~ea~:h. In response to some cor~,rns, the CAC/TAC dire-led staffto fo~m · trnnsit ~,ope committee to meet ~ CUTR. T~eommlp. eemetwlthCLFFRonOclober30, 1997. CUTR~tedall ofthe recommenda~ion~ ~ from the Oclober .tO meeting. The rcvi~'~d Staff Recommendation: Staff r~ommends that the CAC and the TAC tecommeml nplXovsl of'the rts, ised scope oir g, rvices for the Transl~ Preimred bYAm~y Tsylor~l'~-ans~lon Planner lhte: 11110/97 I I/! 0/97 Meeting Notes ~lotJon: ,VLude I~: Second b~: ¥o~e: CAC/TAC Agenda November 19, 1997 Item 3.A. TRANSIT DEVKLOPMEITI' PLAN SCOPING COMMITTE£ Meettnt Roster for October .~0, 199T Name Agency TRAN~IT .~COFING COMMITTEE Sally Batter Chri~ Str~o. Maureen Fran Thebeq~e Julia B. Savage STAFF PARTICIPAN'f.q Ken I lemherington Amy Taylor CONSULTANTS Dennis tlinebaugh Jennifer llardln Laura LaChnnce (CAC) (CAC) (TAC) Southwest Florida Regional Planning Council (TAC) Collier County Transportation Services (TAC) FDOT (Transportation Dimdvantaged CTC) Good,.vheels (Transportation Disadvantaged Planner) SWTRPC MPO MPO CUTR CENTI~ FOR URBAN TRANSPOKTATION RF. SEARCH Ken Heathetington MPC) Coordina~ Naples Collier County MPO 2800 North H~ Drive Naples. Florida 34 ! 04 Enclosed is a revised scope of services fig the Transit Development Plan. We incorporated all of the comments received from the October 30 meeting. In addition, we moved around the order ora few of the tasks in order to better coordinate the timing of the project with the Tr~ Demand Matmgement Study. The task containing the development of goals and objectives was moved to later in the project. However. the first public meeting is still ~cheduled for eady in the project. We also enclosed a jtmification for the 20 percent indirect rate included in the budget. 1 know · Ed Kant was interested in what mair~ up this indirect rate. This is a negotiated rate that the university has with other Florida local governments. The regular indirect rate for research is 45.2 percent. We look fon~d to hearing from you following thc outcome of the meeting on November 19. Thanks. Sincerely, Laura C. Lachance Research Associate Jennifer A. Hardin Research Associate SCOPE OF SERVICES COLLIER COUNTY FIVE-YEAR TRANSIT DEVELOPMENT PLAN /997 INTRODUCTION A Transit Development Plan (TDP) establishes a strategic context for transit cvolvcmem in a community and serves as a guide in the enhancement and implementation of transit solutions. A Transit Development Plan defines a community vision for public transpor~tion along with an assessment of public transition needs and serves as the basis for a staged implementation program to set priorities for improvements. The Florida Department of Transportation {FDOT) requires that a community develop a five-year Transit Development Plan in order to establish and maintain eligibility for state funding. The ultimate intent of the planning process is to provide Collier County with a viable tool which will assist in meeting transportation challenges today and in the future. The Transit Des'clopment Plan also is a policy document that integrates public transportation goals and objectives with those of other adopted plans, including thc transportation plan and thc comprehensive plan. FDOT strongly encourages a strategic approach to the planning process and emphasizes Ihe importance of public participation in thc preparation of thc Transit Development Plan. As a fast-growing metropolitan re'ea, currently served by public and private demand-responsive services. Collier Coumy faces a wide variety of options and opportunities. The Center for Urban Transportation Research {CLFFR) at the University of South Florida (USF) proposes to prepare a Transit Development Plan ITDP) for the Naples Collier County Metropolitan Planning Organization. This TDP will identify and assess public transportation alternatives in the context of public perceptions, mobility needs in the community, transportation spending and economic growth, and the community's vision for tran~xartation in Collier County. 3'cn.¢rnbe,. 6 1~9~ Collier County is unique in its demogr~hJc composition, patterns of development, and types of available transportation. Because ofthis uniqucn,.ess, a strategic approach must be developed which takes into account the existing transportation disadvantaged Community Transportation Ccx~rdinator (CTC) sen'ices, private transportation services, possible transportation that could be otTercd by major employers, and additional public transpomtion operations desired by local residents. A series of questions are presented below to identifi various issues to be addressed in the study. What fa the demand for public transportation service in Collier Count).'? What market is envisioned for public/community transportation in the counD,? Ate there natural corridors connecting activity ccnter~7 Do q:~'cific areas stand out as appropriate for improved public transportation7 Ate there geographical areas of transit dependent persons ss'ho would benefit in terms of improved mobility7 Ate there areas of Collier County that v,'ould be appropriate for alternative public transportation ~'tvices such as a dov,'ntown tourist shuttle or a beach bus. Task II of this ~cope ad&essex the demographic makeup of Collier County and will include interviews with community leaders to determine potential demand for public transportation. Task V includes discussion groups with current community transportation users, agencies, and local businesses/citizens, while Task VI examines mobility needs and assesses the demand for public transportation in the community. Ifow does Collier County compare to other counties in and outside of Florida? What ate the populations, residential demitie~, and employment densities of counties with fixed- route transit syn.-ms. ~ith demand-responsive service, with active carpool or vanpool programs? Ate there other important characteristics in determining the appropriate type of public:commtmity transportation? Tasks IV and V provide peer comparisons of Collier County to similar metropolitan atw. aa in the United States. What are the alternatives for public/community transportation in Collier County? What types or public/communitw transportation services should be considered? Task VIII identifies and assesses ahernativcs for public/community transportation in the count.,,'. ' ' 1 6Gl ,Vm'ember 5. I907 Ilow should future alternativ~ interface with existinlg public transportation ser~'ice providers? Task III identifies public transportation providers in the count.,,', xvhile Tasks VI and VIII address this specific question in light of mobility needs and the evaluation of various alternatives. Ilow does the publle participate in thit project? As noted above, the transportation planning process recognizes the importance of public input as part of the preparation of a Transit Development Plan, Task I establishes a Review Committee made up of a cross- section of local elected, adminir,-ative, and business leaders. Task V includes discussion groups with the public to determine potential users of public ~rtation alternatives. In addition, m~o informal public meetings are scheduled over the course ofthe project: the first. during Task ill {Identify Existing Public Transition Services). and the second, during Ta~k Viii {Identify and Evaluate Alternatives}. The purpose of the public meetings is to educate the public regarding public transportation alternatives and to obtain public feedback on the progress of this sttMy. In cort'mltation with MPO and FDOT District One representatives. CUTR also may schedule smaller meetings v,'ith selected groups to elicit further input. What lex'el of fundinl{ is available for public transportation systems, and how willing are the public and community leader~ to provide subsidies for this purpose? The inter,.'ic~v~ and discussion group~ in Task !1 and Task V will include questions addressing these issues. Discussions of costs and funding sources are also included in 'Fask VIII (alternative~}. Task IX. preparation ofthe Transit Development Plan. presents a funding plan as part of the final TDP and also identifies proposals with no funding source. llow will the Transit Development Plan be implemented? Task IX includes the development ora time frame for implementation of the various recommendations over the next five years. FDOT expects the first two years to be fairly detailed, with less specificity required in the out years. FDOT also expects the MPO to update the TDP every year. As the administering agency for public transportation funds, the TDP must be adopted by the MPO. The above questioms outline general areas of interest for the TDP. The remainder of this scope defines specific tasks that will be under, eh to answer these questiorm in compliance with FDOTs concept of a Transit Development Plan. The g:xape ofserviees Ls based on the original sample scope of ~:rvice$ developed by FDOT and on CUTR'$ work in developing the manual to guide the Ptz3lar'afion of TDl~. The seope also builds on CUTR'$ expefienc~ in conducting transit studies and preparing Transit Development Plans for other communities in Florida. SCOPE OF WORK TASK 1. ESTABLISH A REVIEW COMMITTEE A Review Committe¢ will be estabiLOmt to monitor and provide input to thc project, and to review deliverable~ produced by Ct]TR. It h anticipated that the Review Committee will pick its own cheirper,g~ MPO gaffwill select the membe~ and will include ~tatives ofthe Community Tramportation Coordima~. FIX~, and the Local Coordinatin$ Boa~. The first meeting of the Review Committee will be a workshop to explain what a 1'DP is and what the responsibilities of the Review Committee will be. In addition, each technical ngmorandum will be presented to the Review Committee for their rodew. CUTR will respo~ to all recommendations from the committee. TASK Il. COMPILE BASE DATA in this mk. demographic, economic, and transporxation data for the study area will be collected by CUTR with assistance from the MPO. Ao Demographic and economic data will be collected for the study area to provide historical backgroumt and a description of the ar~a. The 1990 Census of Population and }lousing and the Bureau of Economics and Bus/ness Research fBEBR) of the University of Florida will be used as primary data sources, supplemented by data currently available from the MPO. This information will be presented in tabular and geographical formats. Data to b¢ collected i:glude thc following: 4 1907 · · · · · · · · · · physical description of area population by age .',nd income population density housing density employment density labor force auto ownership trip density by trip pttrpose tourist and visitor levels trmspormion disadvantaged population land uses and densities perking suppl)' (capacity and location), including parking cost area roadway m~d traffic conditions, including levels of service and currem or projected capacity deficiencies available air quality data. Key local offictals and community leaders will be surveyed regarding current public transportation service. In addiffon, community leaders' views on thc fi:ture of public tr'mupo~tion in Collier County will be assessed including views on transportation dcrnand management strategics. Policy issues of greatest local concern will be identified and discussed. Appropriate officials and community leaders will be $ele~-tcd by the Review Committee with assistance from the MPO. lnter~'iews will be conducted with 10 to 12 officials. Deliverable: Technical Memorandum No. I will summ~ze demographic, economic, and traflsponation data and results from interviews. The results of thc Technical Memorandum v.~ll be presented to thc Review Committee. TASK III. November 6_ I007 IDENTIFY EXISTING PUBLIC TRANSPORTATION SERVICES The MPO. CTC. RPC staff, and thc Review Committee will assist in developing an inventoD' of all existing public and private transportation scrviccs operating in Collier Count)'. These include providers of service to the trampor~ion disMvantaged, community bus operators, vehicles for hire. employer shmtlcs, and hotel shuttles. Both current and historical data will be collet~ed. ~ere available, to obtain an historical perspective. Data ss'ill include type and level of service, service area. clients served, budget and other available financial data. and vehicle fleet and facilities. A detailed profile of transportation disadvantaged operations will be provided, using Annual Operating Reports submitted to the Florida Commission for the Transportation Disadvantaged as the prirna~ dam source. The following information will be collected for each provider, to the extent possible: · · · · · · · · Name of operator Type of ~ervicc Service area User~ of the ~ervice Fare structure Sera'ice agreement~/contracts with other agencies ('urrenl budgct/fJnarmial data. including capital and o~-rating expenses and revenues Vehicle inventor?,.' Number of employees A public hearing will be held at this point in the project to discuss thc completed tasks, and to dc'~mninc wha~ the public considers to bc m-cas of critical concern for mobility. Public input b'ill be used to help guide the focus of the remaining tasks including thc development of goals and objectives in Task VII. Delivensble: An appendix containing information on transportation providers in Collier Count)' will be included in Technical Memorandum No. 2. This information will al.so be used and incorporated in Task VI - £stima~ Demand and Assess N~'ds. 6 TASK IV. EVALUATE EXISTING PUBLIC TRANSPORTATION SERVICES This task will pms4de an analysis of existing public transportation services in Collier Count.','. This analysis will locus on TD services provided and coordinated by. the Community Transportation Coordinator. A traxl attalysis of the CI'C will be undertaken to assess the ~'stcm using measures falling into three major categories: sysaem perfommm'~ effectiveness, and efficiency.. System perfonnat~c of the CTC in Collier County. will also be compared to the perf~ of similar ~.~ througho~ Horida using ctu.~r~t and historical data contained in the Florida Commission for the Transportation Disadvantaged Annual Performance Report. Trip characteristics will be nnalyz~ by conducting an origin-destination analysis of a sample of trips prm'ided or coordinated by the C'I'C. This information will be used to determine patterns of travel, peak travel times, and demographics related to travel. The origin and destination data ~611 also be mapped to illustrate existing patterns of travel. Deliversble: technical Memorandum No. -' will provide a performance review of the CTC including a trend analysis and peer comparison. In addition, an origin-destination analysis of TD trips will be performed. An appendix containing information on transportation providers in Collier County ',,,'ill also be included in Technical Memorandum No. 2. The results of the Technical Memorandum will be presented to the Review Committee. TASK V. EVALUATE TIlE POTENTIAL FOR ADDITIONAL PUBLIC TRANSPORTATION SERVICES At this point in the stud.,,', an analysis of the potential for vaxious types of public transportation service in the study area will be conducted. A review of factnrs and thresholds in thc transportation literam~ for fixed-mute bus. demand-responsive, and caqx~l or. vanpool services ,,,,ill be conducted. 7 November 6_ The population, population density, and employment density of other metropolitan areas in the United States that have public transportation systems will also be compared with Collier County. This review will focus on areas with similar characteristics of Collier County. and will be used to identit'y potential q, Tes of public ttattslx:~tion service for Collier County. A tm,4ew of thresholds at which certain types of transit systems become suitable ,,,,'ill be conducted. The rrsdew ss'ill consider the appm~ate factors identified in other studies, r~commended thrrsholds, and the geographic unit of analysis. Demographic characteristics of Collier County will be compared to similar meuopolitan areas with various types of public transportation systems. Population. population density, and employment density will be considered, along with the percentages of low. income households and households without access to vehicles. Additionally, the availabiliqt of parking and its cost. and the general level of congestion will be considered in the comparative analysis. Thr~ discussion groups will be conducted with users and non-users of the existing public transportation. The discussion groups will assess each groups goals for future public transportation in Collier County.. Although qualitative rather than quantitative in nature, discussion groups are excellent tools for revealing attitudes of particular groups beca~ of the oix'n-ended nature of group discussions. The target groups for the discussions ssill be determined by. the Review Committee with input from MPO staff and CUTR. Alternative public ~tion services available in other metropolitan areas in the United States will be examined to determine their applicability to serve the tourist market and other specialized markets in Collier County. TASK VI. ESTIMATE DEMAND AND ASSESS NEEDS Demand for existing and potential public t~nafion in Collier County will be projected using several approaches. The Community Transportation Coordinator of Collier County currently provides 'ID service througtxa~ the County. The demand for this service will be estimated. In addition, the demand for public tramponafion services that are not currently being offen:d in Collier County will be estimated. The mefl~ods by which these services will be estimated are explained below. A needs assessmem based on demand estimates will also be developed. The needs assessment ,,,,'ill take into ~ccount current and potential travel origins and destinations, geographic areas that could be served, frCClUCnCy nnd houm of service that could be provided, and demographic characteristics of Collier County residents. In addition, all previous tasks will be considered in assessing the need for public a'ampot~ion in Collier County. The needs assessment will also include and examination of possible coordination of service with cunt. hr public and private operators of public transportation. 'ID ridership over the five-yezr plan period will be projected, assuming current service levels ate maintained. TD demand will be based on CUTR's 'Methodology Guidelines for Fotecasling TI) Tmnspor~ion Demand at the County Level' document that was prepared for the Florida Commission for the Transportation Disadvantaged. Demand for public ~tion services not currrmly offered in Collier County will be pmjecttd using several approaches. For example, ridership rates from other metropolitan zreas in t]~ U.S. with varying levels of transit service and per-capita tramit spending will be ~pplied to the Collier County service area. Price and service elasticities will be used to estimate the impact of different fares or service levels on ridership. Geographic data will be analyzed and plotted to determine the residence of persons most likely to be dependent on public transportation. Impacts of the Americans with Disabilities Act (ADA) will also be examined. Where appropriate. ADA-eligible demand will be estimated. 9 · ' 1 6G1"'" Do November 6 I997 At this point the Review Committee and the MPO Board will receive presentations to discuss and finaliz~ flxt public transportation goals and objectives, to be included in Technical Memorandum No. 4. Delh'erable: Technical Memorandum No. 4 will outline goals and objectives for public transportation in Collier Cotmty. and demonstrate their conm~ion with goals specified in other planning documents. The results oflhe Technical Memorandum will be presented to thc Review Committee. TA~K VIII. IDE~TIFY AND EVALUATE ALTERNATIVF. S Alternatives for public transpor~io~ operation in Collier County will be reviewed and analyzed for the short nmge tfive-year} planning horizons. Alternatives may range from maintaining thc current level of public transportation (demand-responsive service primarily for the transportation disadvantaged) to providing expanded public transportation services, such as fixed-route service. The remits of all previous taskss particularly the needs assessment and goals and objectives, will be considered in developing service delhtety options for Collier County. Alternatives will initially be identified and analyzed withont ~ for costs, in line with the strategic intent of the TDP and the express wishes of FDOT in encouraging the TDP process. Once the alternatives are defined, a general order of magnitude of costs will be developed for each planning year horizon. This will include capital and operating costs. Additionally, each alternative will be reviev;ed with respect to the sen'ice being provided and ils general cost versus the subsidy required (total. state, and federal) to fund the service. This ss'ill allow the relative financial risks associated with each alternative to be considered by the Review Committee. and the MPO and FDOT staffs. An informal public meeting/workshop will be held to elicit public comment on all deliverables prepared up to this point in the project. Meritorious suggestions will be reflected in revision to the goals and objectives, needs assessmenL and alternatives evaluation. 11 ,~'c~ember 6. 1997 The Review Committee will mcct to cor~cter service alternatives presented b.v CLFTR. The recommendations and the comments from this meeting will be incorporated into Technical Mcmorandmn No. 5. Deliverable:. Tcchnical Memorandm No. 5 will evaluate alternatives for public transportation service in Collier County. Thc results of the Technical Memorandum will be presented to the Review Committee. TASK IX. FORMULATE IqV~R ~NSff DEVELOPMENT PROGRAM For this task. short range stmcgics will be formulated and a fivc-:ycat TDP will be prepared, based on the results of previous tasks and considering the input from the Review Committee. The TDP will be a blueprint for public tzaraportation in Collier County over thc next fivc )'cars. Thc plan will include recommell~tions on the type of public transportation that should be provided: the markets it should serve: the geographical ate~ of service (including suggested corridors for service); thc institutional, organizational, and management structure of the public transportation providers; thc capital and operational rt'quiremenu for the recommended public transportation option: and the infrastructure requirenmau to ~)ort the recommended public transportation option. This will not be a service plan: operational analysis and mute-spocific suggestions are not within thc scope of this study, hmcad, the TDP will be policy-oriented and strategic in nature: to the greatest extent possible, it will integrate public ~on into more general long-range planning efforts such as the local comprehensive plan and planning for compliance with the Americans with Disabilities Act of lgO0. The following elements will be included in the plan: Institutional. organizational, and management structure for public transportation providers. B. Alternatives and recommendations for meeting public transportation needs. 12 ?' . . I 6Gl'tatum C. Fi~e-y~ fi~ pl~ ~l~ing ~j~ed ~n~l o~ting and capital ~nses. ~ ~j~ ~1 ~'~ f~m f~e~x coll~tio~ ~d other sources. D. Five-year capital improvements program. E. A list of rttommead~o~s for which no funding source is identified. Monitoring program to track performance measures, possibly including a process to implement service changes. Policy' element ensuring that public Ixansportation goals and objectives are consistent with and support the local comprehensive plan and other planning initiatives. At this point a draft TDP. ~hich includes all elements above, will be prepared and presented to the Metropoli~ Planning Organization and otlx, r organizations. The relationship bet~een the TDP and the County's Comlm:hensive Plan, Long Range Transportation Plan. and the Transpomtion Disadvantaged Service Plan will be addressed. The draft TDP will contain policies and strategies to implement the proposed plan. including the development of new fimding sources. Deliverable: CUTR will submit 25 copies of the draft TDP for review, comment and acceptance Imm the Review Committee and the MPO, Following presentation, review, and acceptance of the draR TDP, CUTR shall prepare and submit the Final TDP document. Deliverable: Fifty copies of the TDP will be preptzred by CUTR and provided to the MPO. CUTR will provide a 3.25-inch diskette containing the I'DP (WordPerfect 7.0) and all associated graphics. 13 GENERAL Yo~,ember 6_ 1997 Familiarly.' ,*ith thc public u'ansportalion service area is vital to thc successful preparation of a Transi! D~'cloprm'm Plan. Accordingly. thc following mccfings/prcsemations will be scheduled for the TDP: Review Committee: MPO nod TAC/CAC: · · 'Kick-off' workshop Technical Memorandum presentations Draft TDP presentation Technical Memorandum No. 4 presentation Technical Memorandum No. 5 prt'sentation Dr~fl TDP presentation In addition, on.site inr~wicws and discussion groups will be conducted. Two public meetings will also be conducted through thc study. On-sim meetings will gcncrail? bc scheduled in conjunction with deliverables. STAFFING A brief description of Ihe principal CUTR staff persons assigned to thc project and their responsibilities is provided below. Jennifer Hardin, Research Assod~te, will co-manage the TDP. Ms. llardin has expcriencc in trnmic pm-atransit, and str~ planning, most recently managing the TDP for Brcvard County and assisting in the development of the TDP for Volusia County. Ms. tlardin has also been actively involved in s~'cral projects for thc Florida Commission for ~he Transportation Disadvantaged. Ltura Lachance, Resetrch .,Luo~hte, ,*'ill co-manage the TDP. Ms. Lachance has experience in both para~ransit and transit smucgic planning,, mos~ recently managing thc TDPs for Brr,'ard and Bay Coumies and ass~ing in the devclopmcm of the TDP for Charloue County. Ms. Lachancc has 14 1661"' also been involved in other parawansit planning projects for the Florida Commission for thc Transportation Disadvantaged and the National Urban Transit Institute. Dennis lltnebault, h, Tra~lt Programs l)trtetor, will provide assistance with the development of altemativt, s. Mr. ttinebaugh has been heavily involved in public transportation planning in the State of Florida. and vas the Dirt'ctm of Planning for the llillsborough Area Regional Transit Authority (ItAR'F) in Tampa. Rosemary Mathits, Paratransit Program Director, will provide assistance with the service evaluation and developmem of alternatives. Ms. Mathias has been actively involved in paratransit and transit operatiom and plarming, pa~icularly for the Florida Commission for the Transportation Disad~,-'antaged. for 19 years. She was co-project manager for the Brevard County TDP. and ,,,,'as the project manager for the Charlotte County TDP. Daniel RudlJe, Research Assedate, brings expertise in umspormion demand management (TDM) strategies and travel mana8~ pro,arm in Florida and elsewhere. Mr. Rudge will be responsible for the identification and evaluation of potential tnmspomtion demand management (TDM) strategies for Collier County. Additional mscarch associates and graduate students employed by CUTR may be involved in various phases of the project as the need arises, in particular, senior CUTR personnel will review all technical memoranda ns well as the final report. 15 ),'~'ember 6. 1997 PROJECT SCilEDUL£ D~:rlption of Task Deliverable Completion Date Task I: Establish Review Commi~ee List of Review Commi~ee Members December 1997 Task I1: Compile Base Data Technical Memorandum No. I FebruaW 1998 Task III: ldemify Existing Public' Transportation* .................. Technical Memorandum No. 2 March 1998 Task IV: Evaluate E.xlstit~ Public Trampormio. Task V: Evaluate Pcnernial for Additional .... Transportation Technical Memorandum No. 3 May 1998 Task VI: Es~int. te Demand and Assess Needs Task VII: Identi~ Goals and Objectives Technical Memorandum No. 4 June 1998 Task VIII: Idemify and Evaluate Alternatives* Technical Memorandum No. ~ July 1008 Task IX: Prepare Draft TDP Draft TDP August. 1998 Ado;n 1'DP Adoption by MPO August I C~8 Prepare Final TDP Final TDP August 30. 1998 A public workshop will be scheduled befo~ completion of this task. 17 Il,Il,lilt Iltll 1 4962 336200S800 DATE: Hitch 22, 199S FXLIM~ REF.: The prell Agreement was dated AprA1 19, 1994 · ho ratio appro~od &n thLe &gTeeoont afl for use off ~an~J, co~ac~m and o~er ~~o ~L~h t~ r~aL ~~flt, ~bJe~ to the o~d~L~o PRED. 07/02/0S 0S/20/97 4S.2 PRED. 07/02/0S 0S/20/O7 27.8 orr-ca.pus IRED. 07/Gl/ga 06/30/0? 26,0 O££-Cinpul PRED, 07/01/95 06/20/07 44.8 On-Celpuo PRE~. 07/0X/95 06/30/0? 2i.0 PRL~. 07/01/~S 0i/30/g? 3X.S ~. O?/OZ/~5 0i/30/07 27.0 APPL,CABLE TO othr spns Ac~vs. (AI Othr Spn.~ AC~V.. (B ~'d~ftad total dLrsct OOlti, COnlLItLflg of all ailiriol and vigoe~ fringe benefLtl, miterA&ll and I1pplLia; lerVLoii~ travel and eubgrante and luboont~iote vp tO I~l,000 oS e&oh lObar&ne or gub~ontra4t (rlgardllll OS tho perLod eo~erod by the .ubgrint or eubcontreott, Xed/fLed total direct soots abeX% o~olude equipment, ~apttal expenditures, ohargoo esr patLont oars and tuition remLeeLofl; renta~ seato of off-eL~o £aoilAtLoa~ aeholarahLpo~ and fallovihlpe al weXl al tho portLofl of each subgranc and lUboontrao~ An eXileS or $2S,000. . fringe bene/~tl are apoo~f~biXZy LdentLfLod to eaah employee And ace charged individually is dLreet seato. Tho dLree~Ly olatmed fringe benegLte itl XLIted Ln the IpooLl~ ~is&rkl fa~tLon of thio Agreement. aye pay ind other paid abloncee ate Lneluded Ln salaries and Vigil and ire ollLild on grintl; oontraotl and other agreementl aa part of tho normal Silt for lalir£oo and vogel, aspirate oLILII for the oOitl or thole paid abienoel us o2ls AGENDA ITEM Consideration of FDOT Five Year Tentative Work Program 1'681 4A 4a 4a 4a 4a 4a 4a 4A 4A Conttdermton of the FDOT Dra~ Ttntm't~ Worlt Progr~ ~sff it~g~unm~Matl~ Tha~ ~ TAC/CAC mdgw tlm Draft Tgntattvu Ftvg Year Work 11/10/97 ! l/ln~ 16G1"' Meet~g Na~es Made by: Vo~e: TAC/CAC Al~mda November 1~. l~Je/ Item 4A Dralt Tsatatvk Wor~ Pxnsl;r~a x~mn 1 !-I~'$r7 ,! 0 0 0 Li, ~,:,, III.i, ! i i i !tl lt,~ i!i j III 1II iltl i itl 1 661 '~ j I 1 16G1 ' I I AGENDA ITEM Update of the Tamiami Trail Scenic Highway Program 4B 4B 4B 4B 4B 4B 4B 4B 4B 1'651 Update on tim TtndamJ Trail Sot. ak: Highway Proty~m ObJec~e: To report the results oftbe FDOT Elilp"oility Dc~erminaticm meetinS scheduled in Tmllahassee off November 12, 1997. ConsMera~: On April 2. 1996, at the NapJes (Coil;er County) Mcu'opolitan flmmJnS OrpfltntJoe mS. several citizens md perk per.xinet requested ~ fro' t eomm~nit~ based effort to designate · se~n~.nt oflbe Tamiami Trail as a Fl~ida Scenic Highway. At the meettn~ the MPO unanlmomty approved movin~ forwsrd on this issue and directed staffto provide administrative support to this effort. In accordance ~ the MPO's dit~-tion and the Florida Scenic Highwnys Pro,'nm. the ~ staff m~e efforts m identi~ inm'~ i~rties and stakeholders and sent lette~ ~ ~ to afleml the tim me-iff8 held in May 1996. At thai meefi~l, the majedty oflftose in attendanee voted to foem themselv~ imo a Corridm' ~ ~. Tbe group is made up of ~ cJflzmu, soverr,mem md oSmcy ~ perk officials, m~d experts tn'planniflL enlineetin& law. history and natural resources. Over the past ye~'. the prJmal~ efforts of the C~ Adv~y O~p (CAG) ~ ~ to ~ti~ ~ coll~ ~ m ~ ~1. ml~ hi~ ~ ~cn~ ~ ~ eli~il~ ~1~. ~ CAO ~ ~ ~p~ a ~muni~ ~f~ p~ ~~ v~ ~ d~ ~. ~ ~p~ At a meefins scheduled by FDOT on November 12, 1997. the Tamiami Trail projecl will be e. wal~t~l ~o dwt~it~ scenic hilhway eligibility. Onc~ this has seceed phase, Ute CAG will IX'epa~ · dculled application for actual designation of'the eorridm' as a Florida Sceni~ Hll~way. As part of the dmi~nation application. ~e CAG will develop a ConM~ ~ent Plan int'~ tmpetwemems. It must also be ~ with dm County's dm Cramp/Commission. Stuff Recommeodaflou: Iflfommfional item only. No action b required. 16G1 ', Meeting Notes Motion: Vote: CAC/TAC Ageoda November 19, 1997 I I/IO/F/ 1 6 Gl'"" A~£NDA ITEM Distribution of the CAC MPO Manual 4c 4c 4c 4c 4c 4c 4c 4c ~ To lm~id~ ~o CAC mem~ ~ msm~l omli~t~ 0~e mbs[~ snd Io~h fro' 1~7/1~$ s~d Im~ Io bolh I~ CAcfrAc · ~,viz~ of ' - C.e~ddel'M~ml Stl~h~lwodu,c~lsmmutlwbichwtllbed~mthe $Mff~~: This is on hfor~lo~l ll~ only. 1~ ectic~ is requb~L Meeting No~ Motion: ' 'i CAC-.trAC ~!: AGENDA ITEM Transportation Demand Management (TDM) Plan Development 4D 4D 4D 4D 4D 4D 4D 4D 4D CoasMeratlom: At I~e last m~'tinl k CAC i~ITAC dkect~! mtTto explo~ the ~-vclopmem of ~ TDM ami h3 rdati0m~t~ to curm~ TDP 6eve~ activhles. In respaese. ~ ~ CtYT~ to ix~'pa~ t ~.ope The propose of-, Trmspof~io~ Demand MmmBemem (TDlVD Plan is to reduce tnft'~c conlesfioe .nd pollulkm by iallmm:in$ changes in travel behavior. ~ Itmn building or wtdeainl rom~ m imlxa, Hng sisnal timins. TDM ~ tl~ ImS~m$~' c~mcity oft~ tmn~ot~tkm system by reducing the ma'nl~ of v~icl~ o~ the ro~{,,v~/dm'l,,g peak tr~'el times. This is aecamplished through · vm'k.~ of mmqtes itmed m Influem:lnl mode choice. t'r~queney of trips trip Icngd~. Jnd mute trsveled. Convenience, cost and ttmin8 of iltemative modes of travel are amon~ the issues ~ldressed in · TDM 1'DM reduc~ u~l'm congestion in several ways. Carpools, vanpools, or buses move more people in fewer vehicles. Bicycling and w~lklng elimina~ vehicle tdp~ completely. Ch~nstng the timin$ ~lbe trip to · less caalested period Meeting Notes re'riving or deperting a~ the same time. Linkln{ ~ ~ such u on the wsy ho.~ from wo~. redmes ~ ,mmber of trt~ Work-as-home mlngement~ aim reduce the to commum. TI:)M wa~ introduced ~n lt~ 1970 s in ~ Io fuel dx)rtsles and ~ir quality requirements of the U.S. Clean Air Act. Automobile emiss~ms a~ among the m~jor pollution ~ourccs ~ by the Act. Mmmy metropolitan planninB m Ty[~ of TDM SO.nteg~ INR..UE~CE TRAVEL BY 9'Fi~TE~IE~' Time F~i~, ~ ~ b~ c~~ w~ ~ hi~ Rou~ co~ pricin~ !r~lli~en~ trzmpor~ ~ys~'ns (liS) This is ~n inf~ ~ only. 1~ ~ion is required. \// \\ 0_'~ __~_// ~4otlon: ~i~de I~: Second by: Vote: 1 6Gl'" ' 4202 F. Fowl' Art. CUT T~mpl. FL. 33&20.$37S SonC~ 574-3 I20 FAX 011~} CIDaTER FOR URBAN TRANSPO~A~ON RESEARCH November 6. 1997 Mr. Kenneth C. Heatherington MPO Coordinator Naples-Collier County Metropolitan Planning Organization Community Develc~ment and Eaviromoental Services Division 2800 North Horseshoe Drive Naples. FL 341O4 Mr. Auached is the Proposed Scope of ~ for the Collier County Transportation Dcmmxl Managem~ CrDM) Plan. I have developed the scope and price estimates a~ a stand alone project pet your request. As you ate aware, some cosl savin~ may accrue through close coordination with the CUTR-led Transit Development Plan project. The budget estimate includes nn indirect cost ram that is required by the University of South Florida. That rate is 20% for projects funded by grants from Florida localities, in the past. we have conducted simila~ County.wide TDM plans through the Florida Department of Trampocmion (FDOT) which has allowed u~ to reduce the indirect rate to 5 % (the negotiated rate for projects funded through stale agency grants). You may want to pursue the possibility of such an arrangement with the FDOT District Office. I look forward to dhcu~in$ the project with you in greater detail at your earliest convenience. I can be reached by telephone at (813) 97~9813 or SUNCOM :574-9813. Thank you for seeking our assistance in the development of a TDM Plan for Collier County. Daniel Rudge Transportation Demand Management Research A.~,ociate PROPOSED SCOPE OF SERVICES COLLIER COUNTY TRANSPORTATION DEMAND MANAGEMENT PLAN INTRODUCTION At the request of the Naples-Collier County Metropolitan Pl~nning Organization (MPO), the Center for Ur'oan Trmuport~tion Research (CUTR) at the University of South Florida (USF) has prepared the following scope of se'vices for a transportation demand management ('I'DM) plnn. The scope of services will build upon CLrI'R's extensive experience in the successful implementation ofTDM ~es and will be completed in conjunction with CUTR's development of the Collier County Transit Development Plan (TDP). It is anticipated that the Naples-Collier County MIlO start' will support the project by providing compiled tr~fic da~ assist in identifyin~ and soliciting participants for the Review Committee, and provide guidance in s~lectin8 appropriate implementation mechanisms for the County TDM plan. In addition, CUTR inte~d~ to t~ke full advantage ot'oppormni~ies for coordination between the 'i'DP project and the TDM plan. PROJECT TASKS The Collier County Transportation Demand Management (TDM) Plan will examine existing transportation conditiom, demographic information, development projections, and employer interest to determine the applicability of TDM strategies in addressing mobility needs. The task structure is designed to address specific steps in the planning process which include: · project definition · iuue formulation · · · · · The following tasks correspond to the steps in the planning process listed above. This approach will ensure that a successful TOM program will be developed for Collier County. data collection ~ssue analysis ~mn$ of goals and objectives plan development implementation recommendations plan monitoring and evaluation. Ta~k I Project Definition The first step in the planning process focuses on identifying key issues and developing aa appropriate framework to manage and oversee the project. CUTR proposes to conduct background research on potential TDM ~trategies and to establish a Review Committee. Background Research CUTR will compile relevant information and review existing data about current TDM programs in communities with similar demographic characteristics as Collier County. CUTR will also synthesize available TDM strategies that may be applicable for Collier County. Tack !.2 E. stablish a Review Committee ^ Review Committee will be developed to provide input and monitor the project. Membena of the committee (up to 10 individuals) will be selected in collaboration with the Naples, Collier County MPO, the Florida Department of Transportation District One office, and CUTR. To the extent puuible, the selection of Review Committee memben should be coordinated with the committee selected for the TDP. It is anticipated that the Review Committee will meet on a g:hedule concurrent with deliverables and other significant project events. A maximum of five meetings will be conducted. T~k2 Formulation The second step in the planning process is the definition of key mobility issues facing Collier County. It is important to define the key i~ues so that the remaining steps of the process are directed to collecting appropriate data and selecting the best TDM strategies to meet the mobility problems. This step will be accomplished through an intensive public involvement process that will include interview~ with elected officials and community leaders, use of discussion groups, and a public meeting. Tadt2.1 Coordination with rD£ Di~sston Groups cLrrR will use the TDP discussion groups to identify issues, ideas, and concerns about TDM applications in Collier County. Carefully selected questions related to TDM strategies, and combinations of strategies, will be posed to participants. This will provide a list of TDM strategics that should be explored for Collier County. Faslt 2.2 A~e~ Attitudes of Key Local Officlai~ And Community Leaders CUTR wdl ~ the attitudes of key IocaJ officials and community leaders regarding TDM strategies. Officials will also be asked to identify congested roadways a~d/or travel corridors as well as to list mobility concerns for their Collier County constituents. Policy issues of grcatest concern will be identified and discussed. Up to ten local officials and community leaders to be interviewed will be selected with the assistance of thc Review Committee and thc MPO staff. To the extent possible, interviews will be conducted in conjunction with the TDP. CUTR will conduct one public meeting to determine the areas of critical concern for mobility. CUTR suff'has successfully conducted a number of public meetings using the nominal group technique that compiles public opinion on mobility issues. In addition, it will also include invited pmicipants who could not be interviewed or who were suggested by key local officials or MPO st~f. Product: Technical Memorandum No. 1 This technical memorandum will summarize the information collected under Tasks I and 2. This will include, but not be limited to: · ~rmmary of potential TDM strategies for Collier County · the results of discussion group activities · summa.'T of elected official and community leaders attitudes about TDM · mobility concerns of the ~enerd public. A draft version of Technical Memorandum No. ! will be submitted to the Naples-Collier County MPO and the Review Committee for comment. A meeting will be held between CUTR and the Review Committee to go over comments and to develop revisions. The revised Technical Memorandum No. I will be incorporated into fl~e final report. The draft technical memorandum will be mailed to the Review Committee two weeks prior to the scheduled meeting. Tuk 3 Data Collection With the problems defined and major issues d~fined, a thorough examination of information relevant to the problem is required. The data collection is focused on market areas as de£mecl by major activity centen, major travel torrid, and inter-county travel. In addition, CUTR will conduct a survey of local employers in order to determine attitudes toward TDM strategies. This will include questions concerning employer-based TDM str~egies like telework arrangements and compressed work schedules. Task J. 1 L~rmogr~ic Data CUTR will compile relevant demographic data that may impact mobility needs, and/or provides insight to Collier County commuters travel patterns. Data will be drawn from a variety of government sources including local planning departments, the Census Bureau, and the regional planning commission. Tm, Ir $.2 Traffic Data Using existing data provided by the Naples-Collier County MPO, local transportation and/or traffic departments, and the Florida Department of Transportation, CUTR will develop a transportation data set for ~malysis. Data typically collected for this task includes u'a/ftc counts, auto occupancy counts, level-of-service calculations, etc. l'ask 3. 3 Development Data Using existing data provided by local planning departments, CUTR will compile information related to futttr~ developments and projected growth axeas. This information Ta~ J. 4 Identtflcation of gtu'ket drvas .4.! Major acfivi~ cente~ With inpat from MPO staff, CUTR will identLfy major activity centers within Collier County which offer opportunities for the application of TDM techniques. Criteria may include the number of employers s.t each site, employer size, and pm'king availability, 3.4.2 Major Travel Corridors With input from the MPO, CUTK will identify axterial travel corridors in Collier ~ty which offer opporttmities for the application of TDM techniques. Criteria may include high levels of congestion, low peak hour level of service, and high concentrations ofcom~ trips. Inter-county travel will also be identified. Task $.$ Identify A,loblll~ Issues Faetng Coil/er CounO~ Employers With input from the Review Committee, CUTR will design a mobility survey to be administered to employers in Collier County with 20 or more employees. The surveys axe important in determining employer attitudes toward TDM and their willingness to implement TDM strategies at their worksite. The survey will also assess what existing TDM programs axe in place in Collier County. Approximately 900 surveys will be ad _m_i_n__~stered using a mail back system. Surveys will be sent to all employers who have a minimum of 20 employees at their worksite. A listing of all employers in Collier County with 20 or more employees will be purchased by CUTR. The list will provide company name, address, and contact person as well as a reported employee base. Once the surveys have been returned, they will be entered into a database and analyzed. The survey results axe a valuable resource in identifying target markets and appropriate TDM strategies. They will also be useful in identifying TDM strategies that meet business needs for reeruiting and retaining emplcry, ecs. 4 Task 4 Issue An'flysis The fourth step in the TDM planning process is to analyze the information collected. This allows mobility concerns to be understood based on fact rather than perception. It also allows a betler undemanding of. the problems that could be mitigated through the adoption of specific TDM strategies. The findings of'one qualitative analysis will be a discussion of the TDM strategies that will have the most applicability in Collier County. A second analysis will be conducted to estimate transportation impacts of various mixes of' these preferred strategies. Task 4. I 3'Xntl~.,rts of Findings CUTR will conduct an in-depth analysis of'the data and present a list of TDM strategies that are ngnt appropriate for Collier County. The determination of appropriateness will be based on the data collected in Task 3 as well as the employer surveys. This will include the levels of employer willingness to participate in TDM programs. Ta~k 4. 2 Use of TDM Model to Predict TDM Impacts The Travel Demand Mann_et, meat Model. developed on behalf of the Federal Highway Administration, wu developed so that users could quickly examine travel impacts of vatiota TDM strategies. The model is designed to interact with conventional planning software packages, such u giINIYTP and TRANTLAN. Using the necessary trip tables and coefficients provided by the Naples-Collier County MPO to CIYFR, CUTR will develop · set of four acenarios to predict the impacts of TDM on trip rates and vehicle mile~ traveled. Based on the results of the four scenario runs, and on trip reduction needs established by the Naples-Collier County MPO, CUTE. will develop · set of recommended TDM strategies to meet defined needs. Task Goals and Objectives In this task, draft goals and objectives for implementing TDM in Collier County will be developed by CUTR. The goals and objectives will be based on the results of the data collection and analysis phas~ completed in Tasks 3 and 4. The draft goals and objectives will be provided to the Review Committee for their approval. Product: Technical Memorandum Number 2 Technical memorandum No. 2 will summarize the results of the data collection efforts in Task 3, the analysis conducted in Task 4. and the goals and objectives developed in Task 5. The technical memorandum will include, but may not be limited to: · a profile of market areas for application of TDM strategies · an analysis of traffic, demographic, and development data that assesses TDM potential presentation otemployer survey results, including willingness to participate in TDM li~! of ~pl~'opriate 'I'D~ strategies along with a determination o£ potential for application in Collier disctmiom of the tour genarios run trader the TDM Model aa erdmate ofTDM impac~ on trip rates and vehicle miles of travel aad objmives. A draft version of Technical Memorandum No. 2 will be submitted to the Naples-Collier County hiPO and the Review Committee for comment A meeting will be held between CUTR and the Review Committee to go over comments and to develop revisions. A revised Technical Menmran~ 1'4o.2 will be incorpomed into the final report. Task 6 Plan Development Under this mk. CUTR will prepare a plan for the development of TDM strategies in Collier County. The plan will provide guidance on how to achieve the goals and objectives approved by the Review Committee in Task S. Based on the plan devised, CLFTR will prepare recommendations on how the plan can be implemented, and how the TDM program can be monitored and evaluated. Fask 6. I Dewlop lDM Actton Plan Using the goals and objectives, CUTR will develop an action plm that recommends specific actions for Collier County to complete for a TDM program. Ta~ 6.2 Implementation Guidelines CUTR will prepare implementation recommendations for the TDM plan. This will include a schedule for completion of specific tasks to ensure that the TDM program is developed in a timely and effective fashion. A staffing plan and proposed budget will also be included. Taslt 6.3 Monitoring and Evaluation Guidance Using the goals and objective~ as the framework, CUTR will develop a series of evalu,uion criteria for the TDM program. The criteria will allow Collier County to evaluate progress toward achieving the listed goals and objectives. Product: Technical Memorandum No..t Technical Memorandum No. 3 wiU provide guidance on the establishment of a TDM program in Collier County. The memorandum will include, but may not be limited to: 6 m ~ion plm detailing specific ~'tions th~z must be ~ ~o d~elop a ~M pro~ r~ Colli~ C~ impl~~ ~i~ ~cl~ing ~el~e, for ~e ~plication of a ~M pro~ in ~~ ~d mo~g ~it~a m ~re ~e ~M pm~ is ~rking towed ~ng ~~ ~ ~d ~j~v~. A draft version of the action plan, implementation guidance and evaluation and monitoring criteria will be submitted to the Napks. C..olller County MPO sad the Review Committee for comment A m~g will b~ hc'qd ~ CUTR and the Review Committee to go over commems and to develop rm6$io~. CUTR will then develop ~ revised Technical Memorandum No. 3 for inclusion in the final report. Tuk ? Final Report and Pre~entatfon Under this task, CUTR will prepare the final report and final presentation. This will include a compilation of the three techni~ memorandums md a visual aid enhanced presentation to the general public. Produ~: Final Presentation A single presentation on the key findings and recommendation will be made at a public meeting in Naples. The general public, M?O staff, FDOT, and the Review Committee will be invited to attend and comment on the proposed TDM program for Collier County. Overheads and/or other visual aids will be used in the presentation. Product: Final Report A final report will be developed from the thrrm revised technical memorandums. The report will be produced within two weeks from the date of the final presentation. Collectively, the technical memorandum will ~erve u the Collier County Tmrapormion Demand Management Plan. CUTR will pres4mt ten (10) cogies ofthe lruml report and one (!) camera ready original to the Naples-Collier County MPO for distribution. COST The es~ cost to complete the Collier County TDM Plan detailed in this scope of services is $49,672. This includes all labor, expenses, and the University of' South Florida required 20% indirect rate. A budge~ estimate is enclosed for your review. 7 AGENDA ITEM Correspondence from MPOAC Regarding ISTEA 5 5 5 5 5 5 5 5 5 16~1 - 5cvtt Paine Chairman 16 1.-, The Florida Metropolitan Planning Organization Advisory Council Enclosed are the following informational items: $ AMPO Alert on ISTEA Reauthorization $ October 29, 1997 Memorandum from Doug Callaway. FDOT Federal Programs Coordinator. subject Revised Update - Congressional ISTEA Reauthorization Action. The Florida Senate Interim Project Report on Review of the Department of Transportation's Contracting and Quality Assurance Processes. $ U.S. Department of Transportation, Bureau of Transportation Statistics, Announcement of Availability. Howard Glassman, Executive Director 605 Suwarmee Street, MS 28B · Tallahassee, Florida 32399-0450 1-800-399-5524 or 904487~ · Fax 90~.413..9107 1 ° PL£AS£ D[LIVEII I0: ffoverd Glzmm~.Floridz Netropol/tin Plznn/n I OF ! ffOV $ ~7 ALERT BONO COMPROMISE COULD JEOPARIDZE FUNDING FOR SOME M OS S~a~tor ledt Bomt O~MO) ha~ penS:mt~l · ab~month exzemion compromise which may be ',l'.e only vehlde ~ m provide ~ ¼Bhwzy and ~amit fla'~at~ ,_~/stam:a. The compro~se wauld do tht~ foiluwlng. ! BOWEVER~ ADDmONAL ADYANCF, ltIGHWAY PL lrtm~s (molIWAv M~rgO~Ola'rAN i'LANN"ING lrUNO$) ~tt ,'m3T I'ROVIDgD TO ~BOLD IIARMI,lt~" THO~ MI>OS WH~Cll MAY RUN OUT Of PL ~ I~'~ttgN NOW AND M~CX131~ 1998. THIS MZANS T~T HAVE SL'~ MO,'Yi'I~ WORTII OF CARRYOVER PL FUNDS, t~'t ka~ recommended ~ t~ ttat~ IJ~ retl~lt~ to te~ ~ fram either and/or baOt, their new 'ad.m~mn fun,~J ~r fr~rn tl~tr ~i~tl~ ttno~llgatetl balanct~, t~cA fttndt a~ nece~ary to m~tMn tha MPO plannlnr tnn~c~ in ~ ttat~ ttt I,e~/J comparablt to tAe fb.tt Mx montl~ of FY 1~96 or .t:r l $97, ~Aiehe~er IJ gre~ter. I~'OT~ Unl~ ~ MI'O opemk,m cannot be ~. W'nl~ut ~6~ funditW,, lvIPOs will have to cut PLEASE Immediatdy contact your Senators to maim them aware of this problem, and urge them to contact Senator I~lt Bond with a recommendation that his compromise addrcss the problem of contlnnlng IVtPO operations by using the above remedy, Fro' mo~ in/'cn'mation, contact Jan~ Oak$cy at NARC at 202-4S7-0710 x. 19. FLORIDA DEPAR ENT OF TRANSPORTATION MEMORANDUM DA'm: concer'M la B~ (HR 2400.6.ymrunkxj). lnorexxn~ Jt uses tbeSTEP 21 fnrnda prov~ a 'mc' ~ % MA on all forumla fmndln{. Howler. ~ 95% MA anmlly wutta out Mbe an effeet,N,e 90% gutrana~ AlsotMs"~'ft.~t{ve' ~0% MA cov~ rougMy E7% o( is l'udly'78~G. TAb b bott~r thuwhntwe'~ tvetesed unde~ ~si~ ~wu 78 cents ~ mtmtly - oau{m~ z~ th~ y~.ly ~ of $7~ minion f~ Rs~ fi~t $ y=z~ of b S867 minkm). XXZiY.,&=II: The Se. miobill (B.1173) wm lntruduc~ S~)eunbea. 12thwith tta: full supix~ of EPW Commlm~ ~ John On/be (R-RI), itmking ~ k/tx Bazz~ (D-Mo~), SuJx:x~Lmk~e ChJrmn dk SI'BP 21 sponsor John Wa~er (R-Va.). Senator Bob Oraham smd at hnut mxxher 8-10 S4mae0rL TMs biU b msendsdly a hybrid Ime~v~m STEP 21 It pruv~ a 90 pcrccnt rct~'n on 92% of th~ total do{lac~, cltirn~ W strczmlir~ dsc program Itwould ~ ~ at kest St Bfllkm ix=r year ovcra 6-year pcrkxL t'un ~'mrt-up' ot'ds~rnspsct~b~ ouWedncsd~, ~ x?m. wbae t~ Sm3a~ IR*W ~ ~ out LqTF~ II on ~mt dam l~y a tmanlnxxn v~xc of 18-0, at 6-~ X~'EA II le. Oslatlon. Given tlm Sena~'s trmbfllty to securc procedural tarcc~m to consMcr S. 1173, n shors-4w'm xs'rRA ~lsmsion wgnkl now seem to be a Sxe:ater llk~lfl,,ood. tn~A~9 CtO/"//~'7) 1' 6 G 1 COMPAR~ON OF FLORmA FC~ING UNOER ISTEA~ TO 2400 (6-Y'r. AR VERSION), AND S.1173 For compe:boa purpoe~ ~s ~ ~ of avu~ mnml ISTEA t%nding for the Florl~'a Ram of Righ.,va7 Tru~ g~md P~rymmm (19~ - 5.12% 9~'/, Rm af Retm'n - 0.9S X 5.116% - 4~6% P0% Rate ef P.a~tra- 0J0 X S.116% -4.60% 3.12~4 ~ ~ ~ ~ 1~1 ~b~ ~ ~ pm~ oft 90 p~t r~ ~ ~ ~ ~-~ ~ ~e ~ C~ to ~ a ~g~ shoe ~~~ ~~S ~ h~b ~~ ~ Bob P~~ ~~~~ds~a~~ on~ 18~ Oe~ed Until Ne~ Year ~ ~a~ ~J~ Cl~m ~I~~. ~~ ~ 30. ~ ~~ ' ~ ~~ ~r~~~ ~ ~ ~ ~ for~ ~u~ ~~ ~ ~ ~f~s wo~ of~. Ifs ~ Lott Indicates Tallcu Underway To Break Senate LogJam ... S~W l~taJori~ Ltnda. l~tt sdd ttlk~ sm ~ ~ m ~ ~ !o~ W~. ~J~ ~p ~lc~ ~M ~f~ ~ ~ ~ ~ -~~ 10/21,'~ ]:45 FM L Ck:tebe~ 28. 1997 Washmltml. DC 20~I0 The Hoeolble Thorna~ A.. Daschle Wasl~inlton. DC 20510 Tramponaaon Ta.~k Fomt Tra~ Ta:,k Force ¢: Ail U.~. Ail C A C T A C Naples Collier County Metropo. litan Plan.mn .g Organ~.at~on 1 6G1' mm{ RECEIVED NOV 1 ~ i997/~ anard of Count:, Cn~tssfoners AREA AGENCY ON AGING rcm soutflw~st Flmml~, Ira:. for ~ ~ ~ ~ with Collier County Se~,'(c~ f~ ~ ~ ~ ~ ~~ ~th ~r ~nt~ins I lave enclo~d a copy oftle most recent report tbr your review. Ir'you have questions or commenu regnrdi~ ~ report, pleue ~ not heWme to comact this o~c~. Na~ci Loclm~, Prosrmm Sup~ Mm7 ~ CPA, Misc. Corres: Cop(es To: ~.~ · ~ I~ Stm~. lc~ ~f~. ll~ ~1-~ · 194~ 3~2-4233 ~C~ 7~-6947 lax (%111 3~2-3596 I-~~233 · I~ (94~332-73f~ PSA ~ AREA AGI~CY ON AGING 1997 TECHNICAL A~q~~ REPORT IlOME CAR~ FOR THE ELDERLY 1661" GRANTEE ADDRESS: i'HON~ NUMBK~: FUNDING SOURCE: CONTRACT NUMBER: COUNTIES SERVED: COLLIER COUNTY SERVICES FOR SENIORS Collier County ~ Complex 3~01 T&-nlami T~I East, Naples, FL 3~962 941/~/4-1443 HCE 0.~0.40.97 COLLIER COUNTY ~ OF VISIT: Qumerly monitoring of liCE fiscal records DAT~ OF VISIT: Octobcs' ! 6. 1997 NAMT,/I'ITZ~ OF GRAN'I'~F, CONTACTS: John FerreJl, Accountant Tecbnkfan Vf4mn A. ~ummer. Accountant ! AAA MONrroa November I 1.1997 DATE OF REPORT NARRATIVE SUMMARY OF TECI4NI~L ASSISTANCE VISIT Accounting Poli.c~ & Procedure Monthly Review ....... [[[[[ [ [[,~[[[[~'[T[I[N,I[~[ [ '[~ [[[ I [ ¥ N M U N/A [[ [ Expenditures On October 16, 1997, we reviewed the HCE prosram admb',istered by Collier County Services for Seniort C. olller Coumy h~ m averase of 76 active cflents for July, August and September ! 997. Ail active {:fmcs _rec_.e/ved a basic subsidy for all tlu'ee months. Eleven clients for July, eishteen crm~ts for August and fifteen cl'mr, s for September received special subsidy payments. All o£the vouchers for July, August and September 1997 were reviewed. Collier County Services for Senior's vouchers con'espond to the Area Agency on Aging records. No discrepancies were noted durin$ the on-site review. rdT. Y=Yes, Standard Met;l~Not Mca, M-~ U-thtble Io v~ify. N/A-Nm Applicable 24, 199'/ 16G1" NOV 2 6 IC~7 ~m. comm. ~.~c'd ropy F~)~m' ~orm~k~ ~ ~ ~ b~ ~ a ~F~~ of'C~m Ad Valorem Tax and Non-Ad Solld Was~~' Grind To~ $ 9,103,12~,40 ~ yo~ w~ ~ · ~m~p ~ year to da~ totals of taxes collected net of' dhcount fo~ 1993, 1994, 1995, 19~6 ~nd 1997. MAW/pld encl. Hon. l"unothy J. ~ Hoo. John Norris Hon. Pameta ~ Mr. ~ F. FernandeZ, Corny ~strator H~ (hO'l.. Carlton, Tax Co0ector Mr. CUud~ A. Haym~ ~ Tsx Conoc~ Misc. Corres:. Copies To: