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Backup Documents 09/23/1997 R BCC R.Er;uLAR HKBTIM; OF Sept~Wer 23, 1991 .. "-pl.. o.lly New. M&pl.., FL 33940 ~1fidavit 01 Fublicltion NIpl4t' Daily Newa " , .~"': ---- ---+-' BOARD OF COUNTY C~lSSlONf.RS li.TTM: !W<c-f SAlO6UB PO OOX "13016 NAPLES fl 34'01-3016 REFEREHCE: 001230 575n42~ COLLIER COUIITY BOARD Stlte of Floridl County of Cotlier Before th.t uOOeralgned luthor;t)', perlOlllllly appured B. Lub, who on oath say. thet Iht .erwa .. Assistant Corporate S4tCr~t4ry of the Nepl.. Daily News, II daily noNspllper ¡xlbl!shed lilt Hept.., In C~llier County, Florida: that the Ittldhtd copy of adverti.;ng we. publi.hed in ..id new~paper on date¡ l ioted. Affl~t further ..y. that the ..id Naples ~ily ~s is e newspaper ~~lished It Naple., in aeid Collier County, Florida, IInd that the aeid nN$I~r haa heretofore been c:ontinuoualy published in said ColUer County, Florida, Nch day and hat been INItered as a.oond clua _i l ~tter et the poat office in Naplea, in aeid Coll~er County, florida, 10r . p~riod of 1 yetr next preceding the fir.t publicetion 01 the attached copy of ftdvertll.-ent¡ ~ a11ient further IlIYI that lhe hel neither paid nor proeised IIny per*On, 1ir. or çoporation eny discount, reb8te, coaMilsion or refund for the p....rpon of "clIri", this advertÏ!lellent 10r ¡xbl iClltion in the aeid nNspaper. PU8L15HE~ au: 10/05 Aü sr~CE: 796.000 INCH FIL£D OH: 10/06/97 51::' Qt' "1~iant -.L-1:.....0/i---- Sworn to !oI1d SublCrib«! bet"re !Ie thi, _~ day ~ ./ Per ~-ONI t l,y known by lit (:fj:t~.) , ",~' ---~-- ".,.__._-'~--' '<. '. ': <! :~l: ;[~ ';:;'j':.;';: ~:.)~. ::d ::~'~:~~,::,~'~' :"í ,.:,\>:...~;:~::.:.. :~~:~ o~; ~.r ~:~/,;,.,>.~.;;4i~};}·'>':.- ~ ';.;:~;~.~ ;':~',>,:. ': : "..;.i :.¡( ._., - . ."~:!. . _.. ..... ,J .' .' !:''': ~ , '.' ::' ,,: '~',:... ). ~ . : . ,}~r'!;~ ../ ,J.,..;,. ',; . . <;, ,~ , ,', '1- ", ,:.'. ~ "".-". ,.:- , );r>~lrh t ': ..~.; '>~'\;'~:{~, ;;'1 . .,}. ;~,71\""~ I" . i- . ~".J'~~-:,. :~~ ._...,~- " .~{,;.~~. ,·<':r<· ';,¡t::~ J'; :'~' '.~: 'f-,:..·,:'. />~J;":; - ";.', i'., ' ~~: ~.{, Pf/:.i 1..r....< :~' "<~::::,~ ~ ::,~I -. ....: ~ ~\t; :"..:" f.~("-: . \" \1 ;~< ;", ,:.,,} "~ .... ;.. .' "·:f>'.~" '~~.,' " -:-- .~; .' \.'1 :0: '.,- \:}; :.;)k:'. i ; n;:':~'\ ..,"':. ' . . ~.~~ ·~:,I~. ··{.'T.< ....:.1 : ~:i) , ',.,', -... /tf~ ,; ~~ " ~·.>i~r; ..~ ~: 'J.,:': ,I ~\t~.\ :. :'.~:~ "'~'> ...- .., ~ ":\: ',' " ,.., ...11', .:) .' ." \,.'.:- ..", -j', t'.J _ - '. irr,·'~ , ::}';.'~'.~'" ~r - -,~ ¢ . ,1,,:'_.\ ':'.~:" ·i ~ Napl~a Deily ~. Naples.. FL 33940 ,~ . ",-, ,; :": ~ r Af1idavit of Publicat10n Na?lu Dei ly Neva ----_._------,-----------_...._----.----+-------------------------- BOARD OF C~TY C~"lSSlOHERS ATT": NANCY SALOGUB PO BOX "13016 NAPLES FL 34101-3016 REFERENCE: 001230 --701237 57565652 NOTICE OF PUBLIC ~EE Stat~ 01 Florida county of Coll,er Before the l.'Oderligned authority, per..:IMlly apçoe6re<::! II. LaIIb, .me on oath I~Y" tNot Ihe ..rves ".II ...t\istlffit Cc.rporate Secretary of ~he HaplU Daily !mil, a daily n8\4lpa~r pubt ish«! at Naples, in Collier County, florid~: that the attllched copy of edvertislno was publ ÌlI~t!d in wid nN~pðper on datu Lilted. Affiar.t further says tNlt the ,aid Napl", Deil)' N;NS i£ e n4'oIsp41per published lit Naples, In wid Coll1e~ county, Florida, end that the said nt\I~~ hel heretofore been continuously ~l1Shcd in said Collier GountYJ flo~i~, each dIIr and has ~ !lfltered III .econd dillS ..i l aetter at t~ post Qffice in Neple.J in said Cullier county, Florida, for a period of 1 year next ¡¡receding the fir.t ¡xIbUcetion of the ~ttached copy of advertis.-ent¡ and affiant further says ttvlt .he> has ne)ther peid nor prOllised any perllOl1, fir. or ('.operation !tOy discount, rchat~, c~ission or re1und for the purpos~ of lecu~i~ this advertll~'t for publication in the sllid ~spaptr. PUaLI SHE~ CoH: C19 /21 AD SPACE: 52.000 INCH FILED ~: C19/22/97 -----------------------------------~-------ï\----+--------------------------- SigNlture 01' Affiant /J. J.y) Sworn to and Subscribed before IHI thisJ..l day Of·:-':~':J·..~r,- 1rr5!1 Personatly known ¡'y lie /_+It-l.¿Y..:../), 1:("........~.....ì A--, 1 /j J c.' ., . . ~... I ~ .- -' :.~..; " ~ .:\ (. . 'of:. "' 't I.' ,.'! ~. '!. " i~~~:~:·:;,:·~.~:" .. .. .""" " . -;... ".: ._,.~~"-.. :,l 'R:..~' JudIh A. fIanjgan I,:. y C<J.oAMlSSlON , CC508787 D<rIRES FIboary 19. 200) IONœD TItIU 1-..01' fUlIIIIIUINCL IIIC. ,.,. './ :\ ,. :... ,'. ".:~~'::. .;- ~..~~(.-'~,~':.: ~.~ þ , . ,:¡ ~. ':', .~, ,:'1 '.~' "~~1 , .. .. ,-' 1 '.; September 23. 1997 COLLIER COUNTY BOARD OF COUNTY COMÞHSSIONRRS AGENDA September 23. 1997 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPFAK ON ANY AGENDA ITEM MUST REGIS'l'ER PRIOR TO SPEAKD«;. REQUESTS TO ADDRFoSS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE 5UBMITTED IN WRITn«:; WITH EXPLANATION TO THE COUNTY ADfiNISTRATOR AT L&1\ST 13 DAYS PIUOR TO THE DATE OF THE MEETING AND WILL BE REA1ID UNDER · PUBLIC PETITIONS·. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF mIS BOARD WILL NEED A REC..'ORD OF THE PROCEEDINGS PERTAINING THERETO. AND 'l'HEREFORR MAY NK!ID TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTD«JNY AND EVIDENCE UPON WHICH 'l'HE APPFAL IS TO BE BASED. ALl. REGISTERED PUBLIC SPEAKERS \flI.L BE LIMI'l'lID TO FIVE ( 5 ) MINUTES UNLESS PRHMISSION FOR ADDITIONAL TDIE IS GRANrED BY 'l'HR CHAIRMAN . ASSISTED LISTENItK; DEVICES FOR THE HEARn«:; IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OYFICE. LUNCH RECESS SCHEDUL.ED FOR 12: 00 NOON TO 1: 00 P. M. 1. IWlOCATION - Reverend Dr. Les Wicker, Naples Uni ted Church of Chrí~- 2. PL.J::DGE OF ALL.EX;1.ANCE ---'-- 3 . APPROVAL OF AGENDA AND CONSENT AGENDA Approved and I or adopted. with changes 5 I 0 4 . APPROVAL OF MIN"'ùTES Approved as presented 510 A. September 2, 1997 - Regula~ Meeting B. September 3, J.997 -- Budget Hearing 5. PROCLAMATIONS,Ah'D SERVICE AWARDS Page 1 ,..".,._~~.~._...".~,&...,.,.".. _ ...._~__~...,,_"""""-.r~"'~-_~.~ ~.--..-----_..-... · ._.__.~-..._~_.- -------- - ....-...-.~-- - 1M1E.··-- -11-~· -- ............., September 23. 1997 A. PRo:r-'JQ..'l'IONS 1) p:,:oclamation proclaiming week of October 1-7, 1997 as United Way of Collier County Campaign Kick-Off Week. To be accepted by Shannon And~rson, Carnpai.c;n Devalopment Director for United Way and Ernie Bretzmann, Executive Director of United Way. Adopted 5/0 B. SERVICE AW2\RDS P'.ce.gented 1) ,Judith Marks - SocÍ(Ü Services - 20 year.s. 2) Shirley Ellers Ray - Code Enforcement - 10 years. C. PRESEN'J.?¡.'I'Ia.I{S Added : 1) Plaque to County AdliL.u1Ístrator frOl'Jt IC"Þß 6. !aPPROVAL OF CLERK' S REPORT A. ANAI,YSIS OF CHAM;F'...c) TO RESERVES FOR CONTn«;ENCIES. 7 . PUBLIC PB'fITIONS 8 . £OU1!.l'Y AIMINISTRATOR' S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Kovro fram Item 116A5 1) CO~Ttìssion approval of an Agreement with the Economic Development Council of Collier County, Inc., (EDC) to execute Phase II of t.he Economic Diversification Program and provide a contribution of up to $250,000 for Fiscal Year 1997-98. Approved 5/0 B. PUBLIC WORKS 1) Proviàe Staff direction on request by Lely Civic Association for assistance related to repairing a stormwater pumping station. Approval to fund replacement of pover line. 5/0 Moved frOUl Item i16B17 2) Reco¡nmendation to uphold Collier CounLy Board of County Commissioners direction to proceed with Judicial Action to establish Prescriptive Easement Rights in favor of the County and t:he Public over the road segment known as Miller Boulevard Extension and to approach property owners to obtain easements Page 2 Added : 1) SeptemDeX 23, 1997 by gift. Prior Bee direction upheld 5/0 c. PUBLIC SERVICES 1 ) Approval of an Interlocal Agreement for City-County beach parking. (Continued from 9i16/97 meeting.) Approve Interlocal Agreement ,dth request for 5 year extension and increase of $34,000.00 w/conditions 3/2 (C~rs. Norris and Consté'..ntine opposed) . D. SUPPOR'X' SERVICES Discussion of the Status of Hurricane Shelters. Staff to pursue list of Red Cross people to be involved. (Consensu.s) Hoved f:CŒ4 It~"II1 116D5 2) A~'¡ard Bi¿ No. 97 ·-2688 for. the purchase of medical equipment fOl: the Emergency Medical Services DApart:nent. l1.pproved 5/0 B. COON'fi .ADII!Illf.ISTRATOR 1) Reconfirmation of letter of endorsement for Certificate of Need for the Cleveland Clinic. Letter to be reconfigured indicating overvhelming support for Clevsland Clinic. 4/0 {Cœuasr _ Berry abstained) . 2) Approve contract between Co11ier County and ASA Properties, LLC regardinç¡ the World Championship In-Line Skate Competi tion scheduled for October 11-13. 1997. Appro'md¡ Staff direct.ed t.o review contract regarding legal requirements &: stipulations S/O F. Jo,.IRPOR'1' AUTHORITY -------.. 9 . C"OOBT!l ATI"ORNKY' S REPORT Added : Ð. A. Consider I'equest by Pelican Harbor, Inc. for Board of County Comnlissioners to convey county-owned submerged lands (Vanderbilt Lagoon) to the Trustees of the Internal Improvement Fund of the State of Florida. No Action Re~lest for approval of a resolution designating certain County employees as Code Enforcement Officers. Res. 97-368 Adopted 5/0 Page 3 - .-... .--. .....- ~- ------,- September 23, 1997 Res. 91-368 Adopted 5/0 10. ~D OF C~~ COMMISSIOtiERS A. Appointment of members to the Emergency Medical Services Advisory Committee. Res. 97-369 appointing Michael Davis, Robert D. Laird & George T.. Le.amoI:\ - Adopted 5/0 B. Appointment of member' to the Golden Gate Estates Land Trust Committee. Res. 91-370 reappointing Lillian Jean Jourdan - Adopted 5/0 C. Appointment of members to the Historical/Archaeological Preservatio~ Board. Res. 97-371 appointing David Driapsa, Laura Rupp Burke & Lara Jean YOtmg - Adopted 5/0 f). Appointm=Dt of membt~l' to the Environmental Pol icy Technical Aàvisory Board. Res. 97--312 appointing Y14uree.n McCarthy - Adopted 5/0 E. Appointment uf m~'rnb~rs to the Coil ier County Planning Coramission. Res.. 97-373 reap[~inting Michael Pedone, Russell A. Budd and al~ínting Russell A. Pri~ý - Adopted 5/0 F. Appointment of members to t.he Black Affairs Þ.dvisory Board. Res. 97-374 appointing Karin E. EÐglisb, Fitzgerald A.Frater &. Michelle cœ.rlene Austin - Adopted 4/1 (CODI)\. Mac'Kie opposed) Ol"le remainìng vacant position to be readve:ctised. G. Discussion to appoint a Blue Hibbon Committee to consider the need for a local Ethics m~chanism. r~ttpI to be (lrafteù requesting interest. and sent to School Board, City .of Ev'er.ylades, Ci.ty of Naples and City of Marco Island Added : H. Request from the Depart,ment of Environmental Regulation (DER) to appoint a member to the Land Management Review Tea.rn. Appoint President of Friends of Lcly Barefoot Beach - Consensus 11. OTHKR CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS A. Al Perkins re Miller Blvd. Extension P'UBL]:C IIEARlliIGS \flILI. BE lIFJ\RD D.IMKOIATKLY FOLLOWING STAFF Page " .-------.., " .:;. .. t , ... .. I~ .' I ,i ) \ ):'¡oil ~ September 23, 1997 ~ t. 12. AIJV£r{'l'ISED PUBLIC IŒ1o..RINGS - BCC A. COMPREHENSr..m PLAN A~IENTS B. ZONING JIo.MEUOMENTS 1) petition PUD-94-7(1), Barbara H. Cawley of Wilson, Mill¿r, Barton & Peek, Inc., representing Outdoor Resorts of America, requesting an amendment to the "Laurel wood" Planned Unit Development through a "PUD to PUD" Planned Unit Development rezoning action having the effect of deleting the residential dwelling types and adding motorcoach recreational vehicle units as a permitted use, replacing/changing the name of the PUD to Outdoor Resorts of Naples, the 11otorcoach Country Club, and revising the Master Plan for property located on the south side of Immokalee Road and approximately one-half mile west of C.R. 951 in Sec. 27, T48S, R26E, consisting of 78 acres, more or less. Denied 4/0 (Conm. Mac"Ki.e abstained) 2) Petition PUD-89-28(1) Fred8rick R. Fauley, Trustee, requesting an amendment to "Brent-wood" Plannf=d Unit Development. (PUD) having the effect. of eliminat.ing liquor stores from the principal retail uses and adding the requirement for a common architectural theme for property located on the south side of Immokalee Road (C.R. 846) in Sec, 30, T48S. R26E, consisting of 18.6 acres, more or less. (Continued from the meeting of 9/9/97) Ord. 97-47 Adopted 5/0 Withdrawn 3) pet.it.ion PUD-95-10(1) Dwi.ght Nadeau of MeAnly Engineering & Design. Inc., representing U.S. Home Corporation for a rezone from "PUD" to "PUD" Planned Unit Development having the effect of adding fifteen acres and an increase in authorized housing units of 48 dwelling units to the Naples Heritage Golf and Country Club PUD located south of Davis Blvd. (S.R. 84) and west of S.R. 951 in Sees. 3, 4, 9 and 10, TSOS, R26E, consisting of 573 acres, more or less. (WITHDRAWN) withdra.wn 4) petition PUD-82-33(1) Michael R. Fernandez, AICP, of Planning Development Incorporated representing Harig Manufacturing Corporation requesting a rezone from FUD to PUD Y~own as "Wiggins Bay" for the purpose of eliminating commercial land uses on commercially designated tract and replacing same with a seven (7) story residential building containing 56 dwelling units for property located on the southeast corner of the intersection of Vanderbilt Drive and Wiggins Pass Road in Sec. Page 5 ,~-,-;~~~----""'<- September 23, 1997 16. T48S. R25E. consisting of 148.26 acres. the meeting of 8/26/97) withdrawn (Continued from C . 0"l'HKR 1) Petition SNR-97-10, Clyde C. Quinby requesting a street name change from Village Way to Glen Meadow Lane in Tract 7 of Villages of Wyndemere in Sec. 19, T49S. R26E. Res. 97-375 Adopted 5/0 Contj~ued to 10/28/97 2) Petition SNR-~d-ó. Caroline Spounias requesting a street name change from 2 Avenue S.W. to Mahogany Ridge Drive located in Golden Gate Estates, Unit 32, Sec. 9, T49S, R26E. (Continued from the meeting of 8/26/97) Continued to 10/28/97 Continued to 10/28/97 3) Peri tion SNR-~k'7, Caroline Spounias requesting a street name change from 4- Avenue S.W. to Carrotwood Road located in Golden Gate Estates, Unit 32, Sec. 9, T49S, R26E. (Continued from the meeting of 8/26/97) Continued to 10/28/97 Continued to 10/28/97 4) Petition SNR-~~-8, Caroline Spounias requesting a street name change from 6- Avenue S.W. to Tamarind Ridge Drive located in Golden Gate Estates, Unit 32, Sec. 9, T49S, R26E. (Continued from the meeting of 8/26/97) Continued to 10/28/97 I , Continued to 10/28/91 5) Petition SNR-t~-9, Caroline Spounias requesting a street name change from 8 Avenue S.W. to Sycamore Drive located in Golden Gate Estates, Units 32 and 34, in Se~s. 9 and 16. T49S. R26E. {Continued from the meeting of 8/26/97} Continued to 10/28/91 6) Adopt the Consolidated Utility Administrative Ordinance and adopt water-sewer utility rates. Qrd. 97--48 as amendcc.). 5/0 7) Petition AV 97-009 to vacate a portion of an eighty foot (80') wide Drainage Easement on Lot 17, Queens Park at Lago Verde, Phase Six as recorded in Plat Book 16. Pages 52 and 53, of the Public Records of Collier County, Florida. Ren. 97-376 Adopted 5/0 8) Recommendation that the Board of County Co~~issioners approve d Page 6 .. v---- ---~...... ....- --..'-'-"-- Scptembe~ 23, 1997 Rate Resolution to adjust Landfill Tipping Fees, Residential Annual Assessments and Commercial Waste collection Fees. Res. 97-377 Adopted 5/0 13. BO'-'\RD OF zONING APPEALS A. ~ISED PUBLIC HF..AR~S 1) petition V-97-6, Greg Carlisle (contract purchaser) representing Henry Johnson requesting a 10 foot variance form the required 25 foot rear setback to 15 feet for property located on toe southwest side of Bayfront Drive, further described as Lot 18, Bayfront Gardens Subdivision, in Sec. 6, T48S, R25E. (Continued from the meeting of 9/9/97) Res. 91-318 Adopted 5/0 2) petition CU-97-9, Timothy W. Ferguson, P.A., as agent for El Espresso Bus Company, requesting Conditional Use "12" of the C- 5 Zoning District for a bus terminal for property located at the northeast corner of New Market Road and State Road 29, Ir.~okalee, in Sec. 3, T47S, R29E, consisting of 0.2 acres, more or less. (Continued from the meeting of 9/9/97) Res. 97--379 M!Jpted 5/0 3) Petition CU-97-15, Seventh Day Adventist Church requesting Conditional Use "2" of the "RSF-l" Zoning District for a church and related uses for property located at 17 Caribbean Road further described as Lot 2, Block A, pine Ridge, in Sec. 10, T49S, R25E, consisting of 1.35+/- acres. Denied 3/2 (Commsrs. Mac'Kie and Constantine opposed) B. OTHER --- 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY C'OMl!ISSIONHRS' COMMUNICATIONS Ä. LD(; meetings to be held on 12/3/91 and 12/17/97 at 5~05 P.M. 16. t."ONSErn' ]\b'ENDA .- All matters listed under this item are considered to be-rout:G1e and. action will be taken by oue motion without separate discussion of each item. If discussion is desired by a D.'It::mber of the Board, tbat item(s) will be rcmov,ed from the Consent Agend,a and considered separately. Approved and/or ë:.'\dopt,t.:o.d wi th changes 5/0 A. COMMIJNITl Dh"VEU:>FW:mT.& ENVIRœ~.AI, SERVICES 1) Approve for recording the final plat of Maplewood Unit Three. Page 7 -,-_...._""._~-,~_.._,._~,.._.-.,... September 23, 1997 With Letter of Credit. Construction and Maintenance Agreement and stipulations. 2) Approve for recording the final plat of ~Huntington Lakes Unit Three" . With p~xformance Bond, Construction and øaiDtenance Agreement and Stipulations. Continued 3) Approval of an Agreement with wilkison & Associates, Inc., for engineering services for infrastructure improvements to Shellabarger Park in Immokalee. This is a COIT~unity Development Block Grant. Total contract will not exceed $92,500. RFP 96-2607 - Engineering Services for Infrastructure to Shellabarger Park in Immokalee. Continued 4) Request to approve for recording the final plat of Pelican Strand Replat lb. With Letter of Credit. Construction and Maintenance Agreement and Stipulations. Mo".red, to Item .8Al 5) COIT@ission approval of an Agreement with the Economic Development Council of Collier County, Inc., (EDC) to execute Phase II of the Economic Diversification Program and provide a contribution of up to $250,000 for Fiscal Year 1997-9B. Moved to Item .8A1 B. PUBLIC WORKS 1) Execute a First Amendment to purchase and sale agreement for a portion of property known as Out lot "B", Quail Creek Unit Two. 2) Approval of an Effluent Use Agreement with the Vineyards Utilities, Inc. 3) Recommendation tv award Biå #97-2726 for Chlorinator Equipm~nt Maiúcenance for Public works Wastewater and Water Departments. 1'.wardL-d to "ater Treatnle.ut arad Controls Company of Leesburg', Florida; in the annual estimated aIDQunt of $78,400.00 4) Request: approval of a Budget Amendment to cover shortfall in Road Construction - Gas Tax Fund (313). In the amount of $58.400.00 5) This item has been deleted. 6) Request the Board apprc)ve a Budget Amendment recognizing additional car'ry forward, interest ~arned and any additional Page 8 September 23, 1991 financial transactions necessary to close-out Fund 135. 7) Accept an easement from St. Katherine's Greek Orthodox Church, Inc. for a right-turn lane on Airport-Pulling Road. \'i/ stipe 8) Approve Amendment No. 3 to the Professional Services Agreement with Coastal Engineering Consultants, Inc. to provide profezsional engineering and surveying services necessary in perfol~ance of annual monitoring req~irements for the Marco Island Beach Renourishment Project. 9) Approve Right-Of-Way Consent Agreement with Florida Power and Light Company for a 4-inch sewer force main. 10) Award a contract for Bid No. 97-2699, Wiggins Pass Maintenance Dredging to Lake Michigan Contractors, Inc. in the amount of $368,712.50. wi stipe 11) Recommend a one year. renewal of Contract 95-2422 for Fixed Term Professional Engineering Services. 12) Approve Amendment No. 1 to the Professional Services Agreement with Coastal Engineering Consultants, Inc. for the performance of additional services on the Collier County Beach Restoration and Management Plant. In an amount not to p~ceed $257,620.00. 13) Approval of a Second Lease Modification Agreement between Collier County and the City of Naples Airport Authority. 14) Recon~endation that the Board of County Commissioners reject proposals for RFP #97-2649 "Recycling or Removal of Agricultural Plastic Mulch" at the Imrnokalee Landfill. 15) Approve a Develop Contl'ibution Agreement between Collier County and Naples Associates for road impact fees in return for donation of land for Radio Road, CrE No. 16. 'Wi/ st:ips. 16) Recommendation to award Annual Bid #97-2703, Bagqed Ice, for Fiscal Year 1997-98. Awarded to the sole bickJf>..r, Naples Ice. tiOved to Item IBB2 17) RecommendatioD to uphold Collie:~r County Board of County Co~oissioners' direction to proceed with Judicial Action to establish Prescriptive Easement Rights in favor of the County and the Public over. the road segment known as Miller Boulevard Page 9 September 23, 1997 Extension and to approach property owners to obtain easements by gift. Moved to Item 18B2 18) Approve final Change Order and additional funding to complete work to replace Golden Gate Wells ill & #16. 19) Approval of Bid Award for purchase of two Triaxle Dump Trucks the Wastewater pepartment in accordance with Bid 197-2727. Aw-ct.rded to International Trucks, Ine., in tbe amount of $158,888.00. 20 ) App~ove .~endment No. One to Professional Services Agreement 'w'ith Hazen & Sawyer, P.C., for the North County Regional Wastewater Treatment Facility 5-MGD Expansion, Contract #96- 2474. In the amOlmt of $768,895.00 c. PlIDLIC SERVICP..s 1 ) Formal approval of the State Contract purchase of furniture anò shelving for the Marco Island Branch Library renovation. In excess of $25,000.01 2 ) Approval of a contract between Collier County and Dr. Marta U. Coburn, M.D., Florida District 20 Medical Examiner for Collier County Florida doing business as District 20 Medical Examiner. In the amount of $20,783.00 semimonthly through September 30, 1993. 3 ) Approval of the annual contract between the State of Florida Department of Health and Collier County. D. SUPPORT SERVICES l) Approval of a Limited Use License Agreement between Collier County and We Care Ministries, Inc. For the purpose of utilizing County-o~1ed property for a fund raiser. FUnd F.aiaer to be held on October 4, 1997, west of the Golden Gate CODIWnity Center. ~ \ ¿. The purchase of Property & Casualty Insurance. Purchased from. Northfield All LÌD.ca Aggregate Property &. c,ïSual ty Insurance Program. 3 ) Execute Contract~al Agr.eement with East Naples Fire Control and Rescue District for Fire and Rescue Protection Services within Collier County Fire Control District. 4) Agreement approval and adoption of Resolution authorizing the Page 10 September 23, 1991 execution and acceptance of said Agreement between the Department of Community Affairs and Collier County regarding monies available in the Emergency Management Preparedness and Assistance Trust Fund. Res. 97-367 Moved to Item iBD2 5) Award Bid No. 97-2688 for the purchase of medical equipment for the Emergency Medical Services Department. Awarded to vendors as recommended in the Executive Summary. Moved to Item 18D2 E. COUNTY ADMINISTRATOR 1) Budget ~TIendrnent Report. Budget Amendments 97-442; 91-452; 91-454; and 97-467. 2) Line item transfer request from North Naples Little League for the Five-Event Weekend, Tourist Development Funds. Special Events. 3) Line item transfer for the Marco Island Sports Festival, Tourist Development Funds. Special Events. 4) Approve budget amendment for $29,975.33 for brochures for advertising and promotion Tourist Development Funds. F' . BOARD OF COUNTY ŒMÞtISSIONRRS G. MISCKLLANEOUS CORRKSPOtIDKNC.K :c 1) MIªCELLANEOUS I'1:!f.NS TO_FILE LOR RE.f:ORD WITH ACTION AS DIRECTED H. OTH'ER cœ~'TIT'O'rIONAL OFFICERS 1) ReçoITIDendation to approve a budget amendment in the amount of $23,560 to cover the increase in the FY-97 Tax Increment paymect t.o the Naples Community Redevelopment Agency. 2) RecoIT~endation to appropriate additional funding for Public Guardianship Account. In t.he aurount of $22, 319.00 I . c."OfJN"l'"Ji' AT'_OORNEY J. AIRPORT AUTIIŒUTY 17. AUJOURN ---- Page 11 AGENDA CHANGES BOARD OF COUN1'Y COMMISSIONERS' MEETING SEPTEMBER 23,1997 -- MODIFY: ITEM 8 (E) 1 _ Language should ru.d: Reconfirmation of l~ner of endorsement for Certificate of Need for the Cleveland Clinic. ADD: ITEM 8 (D) 1 _ Discussion of the Status of Hurricane Shelters. (STAFF REQUES1) ADD: ITEM 9 (B) _ Request for approval of a resolution designating certain County employees 3.'1 Code Enforcement Otlicers. (COUNTY A TIORNEY) ADD: ITEM 10 (II) _ Request from the Department of Environmental Regulation (DER) to appoint a member to the Land Management Review Team. (COMMISSIONER HANCOCK) WITIIDRA W: ITEM 11 (8) 4 _ Petition PUD-82-33( I) Michael R. Fernandez. AICP, of Planning Development Incorporated representing Harig MMufacturing Corporation requesting !I rezone: from PUD to PUD known as "Wiggins Bay" for the purpQse of eliminating commercial land llSI:S on commkrcially dC5igna~ed tract and replacing Sàß1C with a seven (7) story residential building containing S6 dwelling units for property 10000ted on the southeast cornel of the intersection of Vanderbilt Drive u.nd Wiggins Pass Road in Sec. 16, T48S, R25E, c,onsisting of 148.26 acres. (Continued from the meeting of 8f16/97) (PETITIONER'S , REQUEST) CONTINUE: ITEM 12(q 2 _ Petition SNR-97-6, Caroline Spounias requesting a stteCt name change from 2nd Avenue S.W. to Mahogany Ridge Drive located in Golden Gate Estates, Unit 32, Sec. 9, T49S;R26E. (Previously continued from the meeting of8f16/97. Stafi'requests continuance to 10128197 meeting). , CONlIN'UE: ITEM l2(e) 3 _ Petition SNR-97-7, Caroline Spounjas requesting a street name change from 4th Ayenue S,W. to Carrotwood Road located in Golden Gate Estates, Unit 32, St:<:. 9, T495, R16E. (Continued from the mer:ting of 8!l6/97. St2.ff ~uests continuance to 10128/97 meetint!) CONTINUE: ITEM l2(C) <1 _ Petition SNR-97-8, Caroline Spounias requesting a sl.I"eet rwne change from 6th Avenue S.W. to Tamarind Ridg:: Dri....e located in Golde:n Gat: Estates, Unit 32, Sec. 9, T495, R16E. (Continued from the meeting of &fl6191. Staff reques\S r.ontinuance to 10fl&197 meeting) CONTINUE: HEM 12(C) 5 _ Pl".tition SNR-97-9, ('.Noline Spounias requesting ~ street name change from 8t.~ A\'enue S.W. to Syam10~ Drive Iocn¡f.d in Golden Gate Estates. Units 32 and 34, in Sees. 9 and 16. T49S, R26E. (Continued frem th~ m::c;ting of sn619ì. Staff requests c~i\tinuance to 10/28.191 meeting) CONTrNtJE: IT[M l~A)3 . Approval of art Agreement with Wilki'50n & AssocÌ8te.s., toe., for engineering s~rvices for ip.frasl.Jllcture improvements to Shdlabargl!:r Park in tmmok.'llee. This is a Community [)e'.¡elopment Block Grant Total contract ....;1\ not exceed $91,500. RFP 96-2607 - Engineuing Servi<:c:s for Infnistrucrure to Shellabarger P1!J'k in lmri'lokalC'.C. (STAFF REQUE.Sn MOVE: n'EM 16 (A) 5 _ from the Consent Agt:i'Ida to regular Agenda D.S ITEM 8(A) 1 - Commi.~ion approval of an A~cmelil with the Economic ~elopm<:nt Council ofCollicr County, Inc., (EOC) to execute Phase: II (If the Economic Di·.¡el'~ification Program and provIde a c.onu;ooÛOO of up to $150,000 for Fiscal Year 1997·98. (STAFF REQUEST) __.._,.,__'M , -..-----.-,--..---..-.-.- ~_. .-...-..---.. --.... 5 ~ 1 PROCLAMA TION WHEREAS, since 1957, the United Way ofCo/lier County has sponsored and.funded qualified nonprofit c077l1nll11ity agencies which provide essential social and health services to our citizens; and WHEREAS, throughout the 40 year history (If the United Way of Collier County, the organ::atlon has demonstrated continued growth and is currently funding 18 community agencies prnviding services to all areas of our Coumy; and WHEREAS, the 1997-98 Commll11ity Campaign ojjìciaJ/y begins on October 1st; and WHEREAS, the Board of County Commissioners gratefuJ/y acknowledge and support the DONE AND 0 ~ _" ...,._........"'.,.. _'. ,.._ "..,....,,,...w,,___ 8 A I '114If MEMORANDOK Date: September 25¡ 1997 To: Greg Mihalic, HUI Director From: Ellie Hoffman, Deputy Clerk, Minutes & Records Re: Agreement Between the Board of County Commissioners and the Economic Development Council of Collier County ---------- Enclosed please find one original ¿ocwnent as l"eferenced above, approved by the Board of County Commissioners on September 23, 1997 (Agenda It.em t8.iU). One original has been fOl~arded to the Finance Department and one original is being retained in Minutes and Records. If you have any questions, please feel free to contact me at.: 774-8406. ThëtrlK you. Enclosure ->.""",---_.. ~._._~".__..._, 8 ~ 1 411\~ AGREEMENT THIS AGREEMENT is entered into this ;¿3~Y ow. 1997. by Collier County. Florida, a political subdivision of the State of Florida. through its Board of County Commissioners. hereinaftcr referred to as the "COUNTY'. and the Economic Dcvelopment Council of Collier County, Inc. a Florida not-for-profit cc.rporation. hereinafter referred to as the "EDC". WITNESSETH WHEREAS, the Legislature of the State of Floriùa. Enterprise Florida and the County detennincd there is a need to enhance economic activities in the State and Col\ier County. by retaining, expanding and attracting high wage jobs througb economic diversification and development in order to promote a stronger. more balanced. and stable economy; and WHEREAS. to imp!emcnt this goal the State Legislature hao; adoptcd Chapter 159. Florida Statutes, including the Revenue Bond Act of \ 953. the Florida Industrial Development Financing .Act, and Industria! Development Authorities. Housing Finance Authorities. and Research and Development Authorities; and WHEREAS, the County r.ow finds and determines that it is in thc pllblic interest of the citizens Collier County to assist tht: EDC through this contract ill the EDC's business diversification program to expand the County's tax basc. to cxpand the employment opportunities of the residents or the County, to increase economic mobility for residents and thereby reduce the associatcd burdens placed on local govemment and the private sector ta~;paycrs: and WB EREAS, the EDC. is a private not-for-profit corporation created by the initiative of the private sector business community for the purpose of retaining. expanding ..md recruiting high W'l.ge jobs for Col1ier COUilty; and WHEREAS, the EDC perfom1s many business diversification actlvltlCS which arc not perfomlcd by thc County and which are cssential to succcssful business diversification in Collier County: and WHEREAS, the County recogmzes that successful business diversification requires confid~ntiality with respect to the plans, objectives. criteria, and curporate infonnation of business canJidates for retention. expansion. and recruitment and that such confidentiality is in the pGblic interest of the citizens of Col1ier County; and WHEREAS, the County finds that it is essential to the public interest to have an appropriate accounting of the expenditure of public funds. especially hy a non-public agency sllch as the EDC; and WHEREAS, the Legislature of the State of Florida has recognized in Section 812.081. Florida Statutes. and in other provisions of said statutes, the public inten~st in maintaining certain confidentiality in the business diversification and development process; and -........ --- _.-.~ -- --..--,.--...... 8 A 1 ~~ WHEREAS, the County finds the EDC is an especially appropriate entity to facilitate business åiversification and development in Collier County which includes providing business candidates with the type of confidential assistance which is essential to successful business diversi fication and development; and WHEREAS, pursuant to the Florida Industrial Development Financing Act. Part II of Chapter 159, Florida Statutes, the County is penrlilled to issue Industrial Development Revenue Bonds; and WHEREAS, in connection with the perfonnance of its responsibilities, the Industrial Development Authority (IDA) receives, investigates and reviews applications from various parties seeking issuance of such Bonds; and WHEREAS, the EOC performs certain functions on behalf of the IDA in reviewing, processing and/or presel1ting such bond applications; providing continuing administration with respect to Bond issues which have been placed; and pcrfonning other specified functions; and WHEREAS, it is in the best interest of the County to enter into a contract with the EDC to conduct activities in accordance \vith the tcm1S and conditions set forth herein; and WHEREAS, the EOC has in the past and will continue in the future to expend substantial sums from its private sector membership dues to promote economic diversi fication; and WHEREAS, the business community in Collier County annually pays approximately $450,000.00 to the County in occupational license fees; and WHEREAS, the County has appropriated for the County's Fiscal Year 1997/1998 (October I, 1997 - Septembt~r 30, ¡ 998), the sum of Two Hundred Fi fty Thousand and 0011 00 ($250,000), to the EOC, to conduct economic diversification and deveiopmcnt activities. NOW, THEREFORE, in consìder¡:l.tion of th~ mutual promises and covenants contained herein, tbe parties hereto agree as foilows. ARTICLE i a, The County hereby grants to the EDC J.UL1Q $250,000.00 for the term of the Agreement for the EOC's business diversification and development activities. conducted in cooperation with the County, as generally described in the Summary Budget attached hereto as Exhibit "A'. The payment of the County's grant shall be made to the EDC in bi- monthly installments, (to be interpreted as twicc a month), as expenses are accrued and invoices are received, commencing with the first month of this Agreement. Once said funds are expended, this Agreement will automatically terminate. In no event shall the County pay the EDC mort: than the appropriated amount of $250,000 during the tcrm of this Agreement. 2 8 Al funds arc expended, this Agreement will automatically terminate. In no event shall the County pay the EDC more than the appropriated amount of S250,OOO during the term of this Agreement. b. The EOC shall. prior to the 18th bi-monthly installment, (to be interpreted as the 9th month) certify the amount of EDC private funds obtained and written commitments rec.eived for funds payable during the pending con!rdct year for the previous nine months. ARIIClD The EDC shall on behalf of the County: a. Estab!ish and maintain staff to process, investigate and review business candidates of firms which will retain, expand and/or create high wage jobs in Collier County. b. Previde business promotion co1!ateral materials and business aS$istance services to business candidates, c, Use it:, best efforts to obtain high quality supplies and services for use in the performance of these services at the lo\\'est practical costs and shall expend funds in accordance with t.he Summary Budget attached hereto as Exhibit "A". d. Furnish the County Administrator with a quarterly narrative progress report on the program and activities described in Summary Budget attached hereto as Exhibit" A". Such reports will contain basic statistical information relcvant to the economic diversi fication puhlic/µriv~te partnership program and a statement of expenditures made in each budget category and line item identified in the Summary Budget attached hereto as Exhibit "A". C. Furnish an annual report of expenditures of County funds in such form as the Clerk of Courts wiJl prescribe. This report will be on a fiscal year of October I through September 30, and wilJ be due on November 15, of each year. f. Agree that any equipment purchased in accordance with this Agreement will be taken up on an inventory record by the EDC and inventoried at least annually. Upon thc expiration of the useful life of such equipment or upon the expiration of the aforementioned Agreement, whichever comes first, such equipment will become the property of the County or disposed of as authorized in writing by the County. ARTICLE 3 l. The telm 0 f this Agreement sha1l be for a period 0 f one (1) year to begin October 1.1997 and end on September 30,1998, unless earlier terminated in accordance with paragraph 2 below. 3 thc portions of payments made to the Board in cxcess of the services and costs incurred by thc EDC prior to the date of tcnnination, the EDC shall remit to the County all of sllch excess portions. 3. Aftcr tennination, and except as otherwise directcd, the EDC shall: a, Stop working under the Agrcement on thc date, and to the extent speci iied, in the notice of tennination. b. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the Agreement as is not terminatcd. c, TClminatc a)] orders :H1d subcontracts to the extent that they relate to perfonnance of work which was terminated. d, Prepare all necessary reports and documents required of the terms of thc Agreement up to the date of tcnnination, inc1uding the fmal report duc at the cnd of the program, if any, without reimbursement for serviccs rendered in completing said reports beyond the tcm1ination date, e. The EDC shall give written notice of its intent to renew said Agreement to the Board of County Commissioners no less than one hundred cighty (180) days prior (0 the expiration of the Agreement, as necessitated by the County budget process. However, the Ccunty is under no obligation to renew such Agreement. ARTICLE.A Waiver by either party of the breach by thc other party of any provIsIons of this Agreement shall not be deemed a waiver of any other or subsequent breaches and shall not be construed to be a modification of the terms of this Agreement. ARIICLE 5 a. The parties deem the scrvices to be rendered by the EDC for the County under this Agreement to be personal in nature. The EDC shall not assign any rights or duties under this Agreement to any other party without written permission of the County. If the EDC attempts to assign any rights or duties without prior written pennission of the County, this Agreement may be declared void by the County and the EDC thereupon agrees to remit to the County all payments made pursuant to this agreement for the entire tem1 of the Agreement. b. The EDC shall not enter into agreements with subcontractors for any of the work contemplated under this Agreement without first obtaining writien approval of the County subject to such conditions and provisions as the County may deem necessary; 4 "Y~""'--'~ _.___,_,....-._.._-,-_._--~.-- r ---------------..-- ---...--------.----.--.- 8 Al prc)\'ided howcver, that notwithstanding the foregoing. unless otherwise provided herein. such prior wlitten approval shall not b~ requircd for purchase by the EDC of stich articles, supplies, equipment, and services which are necessary and Incidental to the performance of thc work described herein. The requirements of this clause shall not be deemed in any event or manner to provide for the incurrence 0f any obligation of the County by any actions of the EDC. e. To the fullest extent pemlitted by law, the EDC wil! indemnify and hold ham11ess the County from and against all claims, damages. losses. and expenses. including reasonable attorney's fees and 1:05ts, arising out of or resulting from the perfom1ance by the EDC of its responsibilitics under this Agreemcnt. d. The EDC is hereby declared by the parties to be an independent contractor for the pcrfmmance of the economiC' diversification and development activities and will be responsible for the initiating, maintaining and supervising of all safety precautions and programs necessary in connection with this Agret.:ment. The EDC shall not be considered a public agency as a resuh of its assumption ot' the duties described herein. The EDC agrees to comply with all applicable safety laws. ordinances. rules. n:gulations. standards and lawful order of any public authority having .iurisdiction over the matter in question. ARIK1-.Eil a. The County shall render paymc:nts bi-monthly (to be interpreted as twice a month). commencing October I, 1997 through September .30.1998. b. The EDC shall keep orderly and complete records of its financial accounts and financial transactions involving the funds provided to thc EDC under this Agrt.:ement. The EDC shall open these records to inspection by County personnel at reasonahle hours during the entire tem"! of the Agreement. Any person duly authorized by the County shall have full acCt.:ss and the right to examine any of these records during the term of the Agreement and up to three (3) years thereafter. The EDC shall submit annual reports to the County, in form and substance, as prescribed in writing by the County, with regard to the activities of the public/private partnership for economic diversification. The EDC shall provide the County with its independent annual audit of thc immediately pïOceeding fiscal year no later than January 31 of each year of this Agreement. The provisions of this paragraph will survive tem1ination of this Agreement as to the fiscal years, or portions thereto during which this Agreement is in effect. 5 ..._^._..,-'~._- ~. ~ta'PI--""-- -..---- IV I 1 ---~- - .1. ....., I I I IT r ......-.-. R A 1 ~~ ARTICLE 7 The EDC shall not discriminate against any employee or person served under this Agreement on account of race, color. sex. sexual orientation. age. religion, ancestry. national origin. handicap or marital status. ARIlC1.E.ß A11 notices required in this Ag.reement shall be hand delivered or sent by certified maiL return receipt requested. and if sent to the County shall be addIessed to: Greg Mihalic Director of Housing and Urban Improvement Collier County 2800 North Horseshoe Drive Naples, FL 34014 and if sent to the EDC shall be addressed to: Susan Pareigis Executive Director Economic Development Council of Collier County. Inc. 3050 North Horseshoe Drive, Suite 120 Naples. FL 34014 A-RTICLE 9 Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to ,vriting, duly signed, by both parties hereto, and attached to the original of this Agreement. ARIKLE...lQ The County's performance and obligation to pay under this contract is contingent upon an annual appropriation for its p\.1rpose by the Board of County Commissioners. ARTICI,E 11 As provided in F .S. 287. i32-133, by entering into this Agreement or performing any work in furtherance hereof, the EDC certifies that it, its affiliates, suppliers. subcontractor',) and r.onsultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). 6 .:...".~.:;! :.~.~í:·()'·:/.~:~~ {.~j~:>~~;:·\;:;;J::,~::\~':/<.~~·r:.'·..~·::~~\:'. .:,,~g{'.:~.~'< Ä~<,;;:/i:?, '- ",-., :N) ,,. , , ",\ )'; .' '- ,... I " .' . - ~ ..\').~>:> . _.~ ~:': ,f ~_~ '.. -.-: .~.:'.,~~. >~ . .' "\ " ì .':, ;J~?:~ t. ....:....~ . .~\~:: ~~ <} >.:...;;; }- ", or, , , " " ',. . _- :~ '. II .',' .' .~ -' ," . . . .' ·t·~/~: .~. ':. V"" .. ":,/.,,,- '" <~f'}:~ .; ;1:~ \-', .:...:?. ~ ,",' ."" \. , ~ : ~ _:( - "0' ..... ~/.~:~ , "-- , I" " " ¡,~" : ·:;~.lA·~ ..~.'.;:"'1·', . "... .' : ; :.' ~.. .;.. ..... ;.', ~ , !-..\, " ' ~. ~;': ~,.. '. .. ..'''' '.' ./..' . o,:: . ~ \ .. ." ~ í~ ~', ' '!- ~ - ~ '~'\ If ~,i-, 1;"::".-\, (t., ' ~. . .1- c,' J', :(,.;'¡' ····:1·::/ ~ ,,' ..' , \:<.~:'~;~ /~,<. ". ~\:,.,,, ~-f. ......... ...i· : .', " , .,\ ':\._.7', '/ , y, ,.. 'ì~ ,.'''þ ~ :'~t.;... " . ' .~ II ' :11 , :'k.~ '.~-"""'. ..L,{,· /;..:.... ,;..: I.' .' i,,"," '''''~' I \"_" -. .... j ,f. ,_ ...,~ " :,.:,), . ",:, . .;.: I .,'~ :.....:I.,~ 1., '''::'-:,~.. v .(.:. " 1~>;~."J"j; .;.,' >', \(,:.... , ' ' . '. ., .:': . ,. \ ,~....... R A 1 ~ I IN WITNESS WHEREOF, the parties have executed this Agreement on thc dates sct forth above. ATTEST: ·...'HR[J . '," ,01 .....~.'... f _'. (') , .~".. ,..".. 4,' I' (/;... '.\ '. :ijy'~"-""'(' (",.' "': :¡ : /" .... " , r-j: ,. . \~ -" . -) ~ .:... ... ;i¡.ít~·;· ,> . :4~-T75--' Þ. c. ~; '/'; 'rig.~t:Brøck. Okrk of Court('- ".. . ." ..... / ..,., I, '. . . " ï, \...,'~' Date: I ;4~Lß~} //117 wr70 Cc..._ Þ / . '--, (}'~-' ~-_. Signature ' -&Œ[;A,r- t:-. E~r'v\o~D Name (Printed) W1TNESS: 0~'Ti tn~ 1 6ð\(\( (Qfl~ SIgnature U-~~ \J --D(nO'l~L me 8 r()~\ Na.me (Printed) ..J APPROVED AS TO FORM t,-ND LEGAL SUFFICIENCY By: L,,/ )1 1, J r/A . -u~_Ul YVv,--_ ~ Heidi F. Ashton Assistant County Attorney 7 Collicr County, Florida Board of County Commissioners ~~, CONSULT ANT: Economic Development Council of Collier County. Inc. ~/~/ John Passidomo. Chainnan EDC Board of Directors P.' ~ o ~ ~ A 1 ...~ 'If,fl~ ~ ,~ ~ ~ 1'~ I!ii¡iii¡':_ tf:ili'~ (If f ~ 'f'fif,; i I~ if ~ ~ : i I ~ i ~ g 1\ I õ j i \ t ~ !J ¡ I \ t : ~ !! I! ! \ ~ :! ¡! \! i m ~ I § Ilil!! ~ i~ \ ~ ~ ¡! !~"~ : ì iî¡~ '!'~ II ,! Itl¡li I~ ~'~ I I I ~ I I~ ~ Q:f ,~'~ Š',¡,~!~ I~I '~~ $'1: I \ i ~ Iii i I I I ~ ' ,,~ 1 ' I I '" 1 ~ ' ë') \... I~ : _ 15i I ' I ~ ' ~ , I 1 ~ ' ~ " ~ ' c: dil 'Ià I~ \~ ~ ,I I~ ~ ¡I: ' i!l !§ , ~ I 2 I~:~ ~ ~ I~ ~ I I \- ~ ,I I' I~ I"" ¡. 1 II.!? 1S'lg'¡g ~ l' I ~ ~ I I :' ~~ '~ I" \~:~ 10 I'" ð I \ I .. I: , , , I~ ' I ' I I .., -< I~ \ ~ i §: I \ VI I ii, ; I I I en ,'" 1 I 1 1 VI :::! I ~ ~ ¡, \! \ ~ i ~ 1 ' . 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" .:. , . if rT1-----..~·.UI·ß 8 C-l INTERLOCAL AGREEMENT FOR CI1~-COUNTY BEACH PARKING nllS AGREEME.NT, made and entered ~to this ",.1J~day of &~ 1997, by and bctwcœ the CITY OF NAPLES, a municipaJ corporation., hereinafter called "'City" and COLLIER COUNTY, a political subdivision of the State of Florida. bercinafter called '"County", to provide for the maintenance and opcrntion of the beach areas and related parking sites wrttún the City ofNaple1 and to provide for the County to pay & portioo oftbc expcw¡cs to provide for beach maintenance and frt:e parking for Collier County residmu. WITNESSETH: WHEREAS, the City bas built and maintained the beach a.rc:a and rcbdcd parkias siks within the City; and WHEREAS, the: County <ksires to provide for coot.inccd ûtc parkins for aU C~ residenu at the bcacli area 8M rdwxt parking sites within the City. NOW mERE, in COfAS~deratioo of the mutual ooveoanu c:o-qa-j bcreia. me pertic:s hereby &gTe1: aJ follows: ¡. A CCT'ttLin number of p..ukiDß spa.ce3 at each beach area and rdatc:d parkias siIc wiJ1 be rnIef'Ied for pennrt parking and will not be metered. 2. The City and the County have implemented a reciprocal be:rach parking program whereby all resid.-nts of ColHer County may obtain. at no charge, a beach parking stidter ~ for free parkÌl18 at any County or City beach parking location. The City agrees to ma.inta.in a program to distribtm beach parking stickers to all C.ounty resident! at no charge. The Coonty agrcc:s to provide County beach parking stickers at no cost to the City. 3. The City \\ill optr.ùe a beach patrol and maintenance program to provide for beach and beach pariång regutatioo enforcemem; beacl1 and beacl1 parking dcanup .00 bcacl1 and beach pa.iking m.úntcnance. 4. All CXpen5e:' and revenues for the bc:ach and ~ch parking prognùn will be accounted fOf as separate funds of the City in accordance with generaJ1y a.cceptcd accounting principles. .5. In return for free: parking ~mùt:l, regardless of the nwnber issued to County residents, and for beach mainter.e.nce scrvices by the City, as described in Paragraph three of this agreement, the County 3ha1\ rtmit an annual payment to the City. The payment amount for Fiscal Year 1997· 1998, beginning Oct~ I, 1997 and eoding September 30, 1998, shall be in the amount of $217,443. For fiscal years 1999, 2000, 200 1, and 2002 the County sha11 pay to the City the amount of tM previous fiscal year payment plus the amount of the annual percentage change in the ConsUIn<:f' Price Index (CPI). TIle CPI for purpo:loCS of this agrcc:mc:nt shall be measured by the 12 month change in the unadjusted U.S. Burc.1.u of l.a.bor Statistics CPI for the Southeast United Stat.es, o..'"tobcr through September annually. .---- ",.. ~. "-"..__..~--------~_." 8 C - 1 1 6. One--ha1f ofthc payment amount due shall be paid to the City not later than November 1 of each tùca1 year. The rem-ini"8 oœ-balf tba11 be paid DOt later than May I of each fiscal year. 7 . For the tcnn of thii agrc:anc:Ø the City agrcc:s to provide at least 1,156 free parking spa.c.u Io..--ated at strm beach ends or City Bc:ach Parks that will be available for vehick:s of County n:sidcnts with vtiid bœch parlång stiåus. Thc:sc: spaces may be rneu-rcd. ~ for pemút parl:ins Of handicapped parking spaa::s u dc:ccnninc:d by the City but win be made equally ~vaila.ble at DO cost to City and Couuty ~ofl. Any adjusbT~ mrdc to the types of parking sp2œawiU net be a basi5 fur any lIdjuùmmt to tbc aœua1 paymœt made by the County to the City i.1OOer this agtcc:mmt. 8. City shall provide annual budgets ar..d MnUa.I financial reports to County each year as 1000 NI reasonable after publication. 9. This agre<:rm,'11t may be amended only by wnuC\. ngrecmcnt. This agreema1t may be terrllir.ated by either party giving the other party written notice to terminate at least one year prior to the next October 1. 10. 11~ term of this agrc:cment shall be for a period of five years commencing 011 October I, t?91 a.-xi ~irit'8 on September 30. 2002. . , ." . .~. \) U:^'{{,jJ ::, ' ~:;-t~~~OF. the parties have set their hands and seals this~ day of _ . .~.,. ,'.',. 'do" . ...,,... }',. .' '.. '/4'~" ,.,. "'t~" ,,' . \.. r..: ., SØ'1 t; . ::,' 'ATTEST: " i' .:;¡µ); ::; '~: DW¿'?H.T E. B~Q~; OCLERK .,.. ~.. ..... J'"" c:: ,.,1 '", ',: 'It·;=,·. :'J '11.1'-"" '~',. ç . ,:;, -' ',{;.. ". I Approved as to form anå legal -i=r, l'hix'mu C. p ~ Couniy Attorney A TrEST: CITY OF NAPLES Tara Nonnan, City Ckrlc BY: Bill Barnett. Mayor Approved as to fonn and legal su1liciaK:y by. BY: City Attorney 2 ~1IIt"II'Ur'~_ _ ..;>;..........,.~.._~~~I'...._.r--"...~· ~ W..,...,......,....r ...~_fW9_ -- .,...-_........-.~.~.,. '!III"I'"'" 1 .......----.... -.-.....-.'" ~ ,~~..~ _ R.____......_,~..-·--- ~ -.q,-,~--..~"'~ ~~-_.....----- 11 cf I< oM C N«ris Distri<1 , TIrnochy L. Hallcock. AlC? DQrict 2 Timodw . COO5tAAtir.-! District' ) f':am~ S, Ma<;'(j-e Oisuict 4 Barbara a. Ben)' Diwict 5 fJõ~ cý~'W?~ ~OtUltp ~tJmA'lijjitHzu:J 3301 East T~mi"m¡ Trail · N¡pes, FIoridJ 3-4112"'977 (~1) 77<4--ð097 · Fax (9<f1) 774-3602 8 ...h.-' I ,. :~ ~ . J ~.,.: ~'\._1'" ""-~ El-" September 24, i 99Î Ms. Eliza~th Dudek Chief, Agency for Health Care Administration Office of Corrununity Health Services & Facilities 2727 Mahon Drive, Room 300 Tallahassee, FL 32308 Dear Ms. Dudek: On behalf of the Coliier County Board of Commissioners, r am wriúng to inform you that while convened in regular session on Tuesday, September 23, 1997, the Board of County COîr.missioners discussed the Cleveland Clinic's desire and intention to locate a hospital facility in Collier COlL'1ty. At that meeting, the Board unanimously endorsed the application of the Cleveland Clinic for a hospital f2cility in Collier COwHy and directed me on behalf of the Board to again urge your agency to approve its application and issue the Certificate of Need, conditioned upon a firm commitment from Cleveland Clinic that it will assume its proportionate share of indigent care in Collier CouDty. TIle Commi3sion believes that the apparent ability of the Cleveland Clinic to move forward in its pursuit of a hospital facility in Collier County, withollt the fetters of a federal Medicare fraud investigation, is significant to note in considering the medical facility needs and choices of a dynamic, gTlwling county population. There truly appears to be strong public support in Collier County for the Cleveland Clinic's application for Certificate of Need. 'The: Collier COlmty Commission recognizes this support and asks you to join US in providing a çhoice of health care alternatives for our citizens. I f you have any questJons or if I can be of assistance to you in any way, please feel free to contact me at your convenie:nce. S~~4/ T lffiOthy ~COCk. Cba.irmannCommissioner, District 2 _--··.·.·.··,-·---_u FORM 88 MEMORANDUM OF VOTING CONFLICT Foi-tT COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS N.....IE OF 8QAaD. COUHC1L COMIoCIS$.IOfoC. AUTltOarn. 'Oa COMIoUYTU Bõrbara B ilier CCl.I.LDtv ~r.;:¡r~ ,."f ('r.l1ntv ('nmrniss"ioners THE tKv.Ro. COUNClL. ~""1SSIQt(. .4JJTH'OI.'T1'. oc. t:OMMITTf.£ ON ~'ml"'H I SEItVI: IS A UI'IIT aF~ : (11 Y X:, t"OONrr I : OTt~EK l.a<:AI AGE./'oICY )301 East Tamiami Trail (1."IU I'(f)' N",~11Ò 'Of I'O\.ITlC....l ~\JWlvIS'ON: Naples ON v.·tuCH vort:: OcX\JRaEt> Collier Collier County MY t'VSlTI<X" IS: x; f.lECTIVE ,. APpOl:'IT1\'f;" 23, 1997 WHO MUST FilE FORM 88 Tb~ rarm is for usc by any pe~on scrvin&:1I Ihe: ("Ouray. city. 'Or athcr !ocall~"C1 of gOYemmau on an appointed or c:lected boa.rd. council. commiui'On. aUlhority. 'Or rommiuec. It applies cquaUy ta members of advisory and n'On-advisory bodies who arc pn:sc:nted with. W)ting conniet of inte:r~st und..-r ~ticJl1 112.-3143. Ronda SUiutc:1. The: requiremC:l1u 'Of this 12.w arc Inancbt'Ory; altbaugh the use 'Of this particular form is nat I\.-qlli~ by law, )'QU are c:ncauraged ta us.<: it in making. the disclosure required by taw. "Ibw' responsibilities under tho:: law when h.ced with a mc::a.sure in which you hav~ a coolliet 'Of interest wiU vary ¡Jntly dc:pc:nding OQ wh~hc:r you hold an ds:..":ti~ 'Or appointive position. For this re:uan. p\&:4U<: pay close: aurotiao to ¡he: insln.lction.s cn this form befare: completing the: rc:':e:nc sid-: and filing the: farm. : I--- .. . ,. '. INST~ucnONS fOR COMPliANCE WITH SECTION 112..:J143, FlOQIDA STATUTES ELECfED OfFiCERS: ^ persan holding dcai\e: county. muni..:ipal. 'Or other lex:al publir. oflír.c: MUST ABSTAIN flom "i"ting an a mC3.Sure: which inures te hi$ s~1 pri\'atc gain, Each local officer al~a i$ prohibited from knowingly voting on :! measure: which inures ta the special pin of a prinÓpal (olher than a g'Ove:rn~nl ag~ncy) by 'whom he: is retained. In either case, you should disciose: the: conf!ie¡: PRIOR TO THE VOTE BEING TAJ.::EN hy publicly stating to the: as~e:mblj' the: nature: 'Of your inte:rest in the: measure an which you are: abstaining fram v'Oting; ond WITHIN :~ DAYS AFTER THE VOTE OCCURS by compktint! and filing this form with the: person respons.ibk for recording the: minutes of the: mee:ting. wha should ¡ncorp<)rate the: form in the: minut~. ' . , APPOI="TED OFfICERS: A p,:rson holdinß appointive C0unty. municipa!. 'Or ather local public offi...:e: ~IUST ABSTAIN from voting an a measure which inurc:s ta his sp~¡al private gain_ Each local aflíce:r also is prohibiled fram knowingly voting an. a measure which inures to the: spc:cial gain of a principal (other than a government agr:nc)') by whom he: i. re:tJine:d. A p<:rson holding:ln appointive: local 'Office alher-vise: may partidpatc in a matter in which he: has a confliet arinte:resI. but must disclose: the: oat,urc: ai' (he conl1icl befare: making any attempt ta influence: th~ decision by ordl or writte:n cammunic¡uion. whether made: by the oftïccf or at his direction. ' IF YOU INTEND TO \IAKE ANY ATTEMPT 10 IÑFLUENCE THE DECISION PRIOR TO THE ~IEETlNG AT WHICH THE VOTE WILL BE TAKEN: " · You should comptc:te and tile: this form (bc:fore: makin~ any attempl ta inOuence the dc:cisionl with the person responsible for r~cording the minut~ of thc mceting. who will ¡ncorporalC: the: farm in thc minutes. · A capy 'Of the: farm should b<.' provided immedi::.tc\), 10 Ihe: Olher m~mbe:cs of lhe a&e:ncy. · Th~ farm should be rcad publicly at the: mctting pnor 1'0 consideration or Ihe mailer in which )'Ou have: a conOict of inter~t. .. .8 E 1~ ., r. - '." IF YOU MAKE NO ATTEMPT TO INFt.UENCE THE OECrSlON E;XCEPT BY DISCUSSION AT THE MEETING: . You should disclo~ o~l1y the nature of your <..'onOid in the: me:asure before panicipatin¡. .. You should compkte the fonn and file: it within IS days after the vote occun with the penon responsible: for rcc:onIins the mmutes of the mCC1ing. who should in.:orponue the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S lNTtR£ST i. Barbara B. Berry . hereb)' disdosc that on Sep tembe r 2 3 . 1921-: (a) ^ measure came or ",:II come before my agency whkå (check one:) _ inured 10 my special private gain: or , ~~ 1 '\ .. :r- -..¡~ ~ Q~b . ' \ , \ . ' L inured to the spc-=ial ~oi ~'\ ~~~;- ,,^- \\})\.P.~'~h~~(),~ . by who~ I &m~hu..qi. (b) The measure before my agency and thl: nalure of my imercsl in the measure is as follows: Agenda Item 8 IE) ( 1 ) ., of endorsement Reconfirmation of letter/for HCA Certification of Need for the Cleveland Clinic. Afcer consultation with ,the County Attorney, I abstained from voting on the ab~ve matter pursuðnt to Section 286.012, Florida Statutes, which provides th3.t "no member of any state, count.y, or municipal governmental board, commission or agency who is present oat any meeting of such body at which .aD.ôfficial àe::ision, rúling or other official a<.:t ís to be taken or adopted )n-ay 'abstain fr~rn voting...except when, with respect to any such member, there is, or appears to be, a possible conflict of interest under the provisions of 5.112.311, 5.112.313, or 5.112.3143. In such cases, said me~ber shòJl comply with the disclosure requirements of S.li2.3143." September 23, 1997 D~:c Fiicd -~-~ ~~ Signal " I NOTICE, UrlOER PROVISIONS OF FLORIOA STATUTES 11I2.J17 (1981), A FAILURE TO MAKE ANY REQUIRED DlSCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR ~\ORE OF THE FOLLO\\'ING~ I ~'1PEACH~tENT. RE~IOI/AL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN ~ALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED S5.000. : . ."" ~_"'-.-oIr"" -~'~...r·---...a.t·----""-_-____-- 8 E'- 2 1997 TOURJSM AGREEMENT BETWEEN COLLIER COUl'iTY AND ASA PROPERTIES. LtC REGARDING THE WORLD CHAMPIONSHIP IN-LINE SKATE COMPETITION SCHEDULED FOR OCTOBER 11-13, 1997 THIS AGREEMENT, is made alld entered into this,2¿~-<iay Of~~~~~h"1997, by and between ASA Properties, LLC, a limited liability company organized tmder the State of California, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has ¡¡dorted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax arc to be a1.10cat~d for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for the promotion and advertising of the World Championship In-line Skate Competition, scheduled for October 11-13, 1997 (the "Event"); and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW. THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER V ALUABLE CONSIDERATION, IT IS MUTUALL Y AGREED AS FOLLOWS: 1. £CDEE OF WORK: In accordance with the Budget attached as Exhibit "A." the GRANTEE shall provide the advertising and promotion of the Event. 2. EAYM.ENI: The amount to be paid under this Agreement shall be Sixty Thousand and Four Hundred Fifty Dollars ($60,450.00). 'Ibis amount will be reduced by aBY locsl sponsorship. The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received, -.,..----.-"".,.,.....-. ~ 8 E 2 GRANTEE shall detennir¡c that the gOGds a.nd sCfviçes havc been properiy provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee: ~;hal! <.Jetermine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or pcrfomH.:d in accordance with such authoriz.ation. The linc item budget attached as Exhibit "A" shaH constitute authorization of the expenditure described in the inVOIces provided that such expenditure i:; made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be support cd by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invuiced. GRANTEE shall certify in writing that all subcontractors a.!1d vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of tile Board of County Commissioners pre-audits payment invoices in accordance with the law. County shall pay for servíces performed or goods delivered beginning September 16, 1997 and ending upon tenninadion of this Agreement pursuant to Section 10 of this Agreement. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various ]ine items of Exhibit "A," subject to the maximum total amount, may be increased or decœased by up to ten perccnt (10%) at the discretion of GRANTEE. Adjustment in excess of tcn percent (10%) of any line item must be authorized by the County Administrator or his designee. ], ElJGIBLE EXE1iliDlI11.R.ES Only eligible expenditures described in Section I wjlJ be paid by COUNTY, Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any cxtension or renewal thereof. 4. lliSUR..t\.NC.E: GRANTEE is required to submit a Certificate of Insurance naming Coilier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, 2 8 E 2 and be issu~d by a company licensed in the State of Florida. and provide General Liability Insurance for :10 less than the fC/lIowing amounts: BODlL Y INJURY LIABILITY $1,000,000 each claim per person PROPERTY DAMAGE LIABILITY SI,OOO,OüO ead1 claim per person PERSONAL INJ UR Y LLWILlTY $1 ,000,000 ~ach claim per persoll WORKER'S COMPENSA lION AND EMPLOYER'S LIABILITY -Statutory The Certificate of Insurance must be delivcred to the Risk Man~gement Director or his designee within ten days of execution of this Agreement by the COUNTY, 5. ß.E.f.O..R.IS: GRANTEE shall provide a verifiable accounting to the County Administrator in a form acceptable to the County Administrator on or before November 13, 1997. The accounting must include documentation identifying $148,000.00 paid with funds other than tourist development tax funds. 6, CHOICE OF VENDORS AND FAIR QEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section I. COUNTY shall not be responsible fOi paying vendors ,mù shall not be involved in the selection of subcontractors or vendors, GRANTEE agrees to disclose any relationship between GRANTEE and the suocon- tractors or v::ndoìs, including, but not limited to, sirr¡i lar or related employees. agents. oflicers. directors andlor shareholders. COUNTY may. in its discretion. object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures, The reasonableness of the expenditures shall be based on industry standards. 7. ~DEMN]ELCA.Iill..t:l: The GRANTEE shall hold hannless and defend COUNTY. and its agents and employees. from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRA1'\1TEE. any subcontractor, or anyone directly or indirectly employed or authoriz.ed to perfonn work by any of th~m, The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of. or Jack of. sufficient insurance prütl..'Ction. ) _···..._.·4 __ __~ _. ~'._'4"___.'._""""'4"o"'IIC._--="__I.--""'..:;w'"."'~'r'"IAAVU-· ....... lJ - .-----..~.þ"'-- ....-...~.M ... ~_.-.......".,.,..-...~---~.~....~~~ 8 E 2 8. lliITlCES.: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Rick Bratman. Pr~sident AS A Properties, LLC 4143 Via Marina, Suite 420 f\1a..-ína Del Rey, CA 90292 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if maii~d by registered or certified maillo the COUNTY to: County Administrator Second Fioor, Administration Building 330 I Tamiami Trail East Naples, Flotiòa 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9, NO PARTNERS.1:il£: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 1o, I..Eillv..1lblA TI0N,: The COUNTY or the GRANTEE may canœlthis Agreement with or without cause by giving 30 days advance written notice of sllch termination pursuant to Section 8 and specifying the eITc~ctive datc of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE ghall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 4 8 E 2 11. ~illJNTINq: GRANTEE is required to maintain complete Dnd accurate; accounting records and keep tautism funds in a separdtc checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terrn of this Agreement. 12. A V AILABlLITY OF RECOlillS: GRANTEE shall maintain records, books, documents, papers and financial information pelt.aining to work performed under this Agree- ment. GRANTEE agre~s that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years afler final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to [his Agrccment. 13. .EROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in pan its interest in this Agreement without the prior writtcn consent of the COUNTY. 14, IERM: This Agreement shall become effective on September 23, 1997 and shall remain c/Tective for one year, The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by a.¡ncndment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants, 15. EYALUATION QF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overaJl attendance including resident/non-resident attcndance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his dcsignee within sixty (60) days of the datc of the event. 16. RE.QllIR ED NQI ATIOl"1: AI! promotional literature and media advertising must prominently list CoIiicr County as one of the sponsors. 17. AMENDMENTS: This Agreement may only bc amended by mutual agreement of the partics, 18. G.Q.VERNING 1..u\W: This Agreement shall be governed aod construed in !accordance with the laws of tbe State of Florida. 5 lI'! 8 ~ .... 2 IN VvlTNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder 5';:t thoir hands and seals on the date and year first above wri tten. , .J ~ \\..) 'I C ....1 .... j .. .' ~~' A TrEST:, " ,"" '. . ". .' .DW1GHTE.'B~QCK Clerk .. '~~. J.:~7 7-i£:¡;~~4(2 ,~ ' ¿;,Þ ,~~r .,' - , . ........ . '~-:t ."':"' '.. \ ' - , r. ",1 ,. \ '\- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORlDA ~, , K, Chairman 9jp.; /9 ;' WIThTf.SSES: GRANTEE (l~b'V) liLqJj)o~ 1_' tldJiAi ~, rr;n tedIT )'ped Name ASA Properties, LLC (2J7N:; :;z)j;" ~'~d",~ /~/? , By: ;<. (~I{ ÆM- T~ /f¡J - PrinlC\!ff)'lW'd Name I' ¡1 J:: .r I {) t.}J " \.. " 111Î /) 01/""--' ,1 [) 'l (<....... P11ntcdfTyped Tille (corporate seal) Approved as to fonn and l~uffi~ienCY ,: !' . " \t,. 1l1tA) I:LL J- /'1 \l, L 1, ~ Ashton ssist.ant County Attorney --- f:/ew/l997 TOC A~cmcntsl!n·line Skate Competition 6 . ,-','" .~~' ',. , ~:,,'f.\.' .:.~. '\. ' J' "j ..,. . ~,. '.' -; ~,~ .;..' . ,\ ·,jJ.1 -'. i', ", !'. .~ ',;, ',': ;' r '" " , " : -\ , ' ,\", .~ . ,,~ ~"\\',:~ ,,' ..'..~,. <: "?{~' ~ '.' - . '" "',,. " '. .' :...: . '~;. '. .~¿ '.' :~I:' 'J', " '/.'::,~: . J. ......' ~. ~ j ... ¡"'./ ..: '_.-'t ... ' .... , \ ~ I /~_"':; - ',/, .. .~,. ':" ,: ,:-".. '" ~ '.I' ','" '. \ >.~'..'. ". ., .;' '3;' ,> >::, :;'~. . '. I,." \'::': . ,.I.,Õ "-' " ~-, ~ . '; , . , ^ ;;. )'" . ' ..:, .1 '.' .' 'I~ ¡' '.~, ." "~\ 1 " ''- 7. .':.",0.:,. ".''': ··:-t·,·....· , , -. \ . .'....~ : /_,;\t . ~ .' -; i:.':i~ ...., , . ~~: :f,j:..F .... " ~ .- " .'.. .'........,..'... ~\:".'_:~,~( -'I- ~~{..~ ~ ;J'"Y, -\ . , ~~: " < ·~:~;·X{ '," .\ "\:. <:':: ',' . '> ..'- .. (, :-"1'~:' ....~..),~~_.~~ ..- ,II _. 1.',..., _J'Yi ,,'J. , . - -, 1. ": " .. ... \ <~;.~ '~,;: :' ~), ,::~' ~I :t.~_~~'~J~'~."~: ~.~:':.·/,:"~~.'I·\,,·;'·,of~,~.';:·II'"~'J',,':,~'.:.: .','!.),. L-·....\:r';,'~..:}.;··!.·::·:::tJ~.i~I),.'··~..;j~,.>,., ,·,·1:., ~'"' :,". .. .t, .''- ,\,./" '. : I i ...._ . ,'-." \ ,'. ~. ,,\ ...... \ .. ..:..... \"1';. -".\"'-;, ,'" .,\... .i, \,J ~ " ,. ';.,oo ~'. .'. :" .,.","':".',.':>\'~:~~,..,..,'~~.~..<.:,...:.....,~..'~:',i:,~,:,.::..._}.:.;·:,·;-.:·~.·I.::.·,::·..·.·,"!~..~,':~!.:..~~".~~~.,~:'.~~':,,;.:,.' .\""t~;~~~o~,~~.::~Þ:::~~~:¡;!~~:,'a','''' ~,.....!,::..~~~l)~.,..!,:~.J, "'''.::- .!~....~......,. )::0"': ::l".\, ~" . . p,. . ._'.Y'-- 8 E 2 EXHIBIT" A" ADVER TlSrNG/PROMOTION/PRODUCTlON Creative Design Creative Execution Print Advertising Television Radio Promotions Production fees Features Proèuc,tion Post Production Dubs Printing $ 2,000,00 1,350.00 5,O()l),OO 5,000.00 1,500.00 3,500.00 26,000.00 5,000,00 9,000,00 500.00 J.áQMQ Total $60.450,00 7 Cr~LiYI~ Design " Cost to hire artists :0 create th~ r:\'ent's t\!lvcI1ising campaign, including l<Jyout, design and copy fees. Crutivc Encution " Cost to produce. the artwork needed to run the event's 'advertising c..mpai~n, including film development, reproductions aod tllpe stock. PrltÜ Adwrtlslng " Includes local, regional and national print advertising in publications su.:h as Naples Daily News (local), Miami He~ld (regional) and Inline Magazine (national). Te!ev~jon " Cost to ere:!te television adv~rtising and to place it both locally and regionally, Radio " Cost to create radio advertising and to pia·;e it on local and regional stations, ,Proltlotions .. Cost to dc'ýc:lop promotional materials for local and regional promotion of event. Pnxfu,=tlon Fe~ " Fees to television prcduction company to hire tdevision crew such as prodlJcer, director, assistant director, camera crew, tape stock, audio personnel, technical director. production assistAnts, Fut;¡res Productk'o " Cost of hiring a crew and equipment to shoot and produce special features for the event's television shows highlighting Collier County, Cos~ Production " Cost of editing the 30 huurs of footag<: shot at the event into the shows for air on ESPN and ESPN2. Dubs " Cost of tape stock and vid(.'() duplications. Priating " Cost of printing posters, tlyers, invitations, maps, hotel infonnation and other information on the event. 8 E 2 ~" i' , ~. ': ~ . '. ....t· .... '. '. ~ , .-: ~ . < "- ~ . ~ :: ~ :'.. ',' , i. ~ ~ ~ \.-" '. :/'(, , , , , ,7.1 .', .-....,. ~'-..~ >.~:' , ,f , , ....:: .\~ ...,.~ ',C "1 OJ ('"'' :~J ";;'. '. :'~~'-.,';/ , ';\ {,' , .. ,\ .~~: S·<: ,:-~ " .... ,.., ~ ~ ~ ;...~.þ J I ~ ' " .- i~, .~ '_ f. It 1 -:. . .~... .. ", t·~· , ')..... . ...' .:.\) ;'}' ~~'~: I,<~( r~.¡:\ .'.' . :. "-,'.-~- ~ ~.~I_·.d: ,. , ~~, - .-. .. ~:/. ~~': , ~: '. ' '.1 "-;' '~. " .. .~' :~~ ·.~.I ;:"J., ; .. " . ~~.~~\.~ , . "'" ......\ . ~. "{;l; .,,'-;0: /,.' {' . .J' ~ o.,.,..,;{. . ~" "1\' ; ,.1.- " , ~,~ \ '·.8'f\ :~. . \ ", :-, ..... . I .\::'/. '.,}. , :~,=', ,,~.~ ~,~ , . \ '.' . \ ~ , , :' ~. .... '. , ., .... . , . ~. , ...... . \. ~.... ','t, ï ."\ ~. 'I, ...,...., ,...; ~~. I, /1' .,\: ;~:'~'~':~".~.¡~'" ~.. 1\ 1'_", r;. .,':'\~' .\,'.~.,".'~ ..,'~. A~;"? . ,,,:~'" ~ ".. ... ' I.,.... ..~·I\,. " j/' . ..J.', Þ ~;'."'" .....: ."." j . ,"/' .'. .' . , ':--:',,' , I.' .. H \. .\ I , ,or ,. .', . .~,' . . " ,\...., ..... . B"'E ;> ASA PRO TOUR MEMORANDUM vìa facsimile 941- T74-J{~2 1D: FROM: DATE: COMMISSIONER HANCOCK RfCK BRATMAN SEPTEMBER 25. 1997 ASA PRO TOUR WORLD CHAMPIONSHIPS RE: -------- Dcar Commìs.sioner Hancock: Marla Ramsey asked me to provide even fur1her infurmation to the County Cornmìssiuners regarding the four budget items ill cuestion in our evenl contract. Following is that infonnation: I) Print Advertising: The fee will go to cover full page ads ìn the Holiday issues of Inline MagaLiBc, Box Magazìne and Global Skate Magazine to promote the event. These ads will focus on a fttbank YOll for making the World Championships a great eventft theme and will include references to Collicr County. The lolal costs of these ads should range between $5.000 - $6.()(X) depending on the final negotiated rate W~ are given. These three ads wìll appear during December. 2) Radio: Thìs will r.over the cost of advertìsing the event regìooally on WJBX radio. Th~ event is receiving Two Hundred (200) :60 second commercial units on the station to promote the event as well as four hour live remotes from the Sanctuary Skate Park on both Sunday and Monday. This fee also includes sponsorship of the popular 99 Xtreme radio show on 9/21. 9/2B and 10/5. Fifty (50) commercials ran during the week. of September 21 - 27. fifly (50) commercials ran during the week of September 28 -- Oclober 4 and One hundred (100) commerciaJs are running during the week of October 5 - 12. 3) Television: This will cover the cost of producing a television commercial to run as tune-in promotion on ESPN and select ABC affiiates, specifically during the ASA Road to the Finals Show. All of the advertising time is free; howe ver, the ~xpense item covers production of the commercial. ßccause all of this commercial time has been bartered on a spa<"e-available basis. it is j mpossiblc to define a specific schedule for the commercial. However, even without a de lined schedule for airing. this is an excellent opportunity for exposure for the events television broadcasts and the county, 4) Promotion: This covers the cost of creating materials 10 promote the event in skateshops throughout Southern and Central Florida.. Currently, we are sending materials to twenty-one shops across the state. These materials include flyers, posters, invitations. stickers, T-shirts, etc.. all d'e:signed to help promote this event in Collier County. I hope that this infom1ation answers all of tbe Commissioners' questions. If YOll need even further clarificalion. please contact me at 310-822-3348. I look forward to seeing you at the event. q B-~ RESOLUTION NO. 97-...2l>JL__ A RESOLUTiON DESIGNATING CERTAIN COUNTY EMPLOYEES AS CODE ENFORCEMENT OFFICERS WITH AUTHORIZATION TO ISSUE CITATIONS AND NOTICES TO APPEAR AS AN ADDITIONAL AND SUPPLEMENTAL MEANS OF OBTAINING COMPLIANCE WITH COUNTY CODES AND ORDINANCES. WHEREAS, Collier County Ordinance No, 97·35 authorizes the Board of County Comll1issionel~ (hereinafter refarW to as "Board") to c]e:;ignate certain County employees or agents as Code Enforcement Officers with authoriution to issue citations and notices to appear as au additional and supplemental means of obtaining compliance with County codes and ordinances; and WHEREAS, Section Six of Collier County Ordinance No. 97·35 sets forth the tr.¡ining of designated Code Enforcemen1 Officers for issuing citations/notices to appe<,\!; and WHEREAS, the County employees to be designated as Code Enforcement Officers authorized to issue cit"lions and notices to appear as an addi1ional and supplemenlal means of obtaining compliance with County codes and ordinances hy this Resolution, have completed the required training, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 01" COLLIER COUNTY, FLORIDA, that: I. The following Coilier County employees are hereby designated as Code Enforcement Officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with County codes and ordinances: William BoJgar, Code Enforcement Supervisor; Maria Cruz, Code Enforcement Officer; Gary Hanison, Code Enforcement Officer; David Hedrich, Code Enforcement Officer; James Hendrixson, Code Enforcement Officer; AI Keller, Code Enforcement Officer; John Kelly, Code Enforcement Officer; Dennis Ma.z.zon~, Code Enforcement Officer; Michael Ossorio, Code Enforcement Officer; Teresa Passmore, Code Enforcement Officer; Kimberly Polen, Code Enforcement Officer; Shirley Ray, Code Enforcement Officer; Sal Sold8Jlo, Code Enforcement Officer; Steven Stachura, Code Enforcement Offic,er; Linda Sullivan, Code Enforcement Director; Michael Yi gnari , Code Enforcement Officer; and Gary Morocco, Code Enforcement Officer in the Department of Revenue, 2. Designation as a Code EnfOicement Officer with authorization to issue citations and notices to appear d~ provide the designated Code Enforcement Officer with the power of arrest or subject the Code Enforcement OlIicer to the pro'visions of §943,085-§943,255, Florida Statutes. q 8 -.,.,~ ·t THIS RESOL1ITION ADOPTED tlri. ,13 .....-:., o~7f., ~, 1997, aftC1' motion., slXOnd and majority vote favoring I'arnC, BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA ~~; ~\)~RO ¡¡,> ~~-¿ . ,,'.' '}t: ¡: ,'J4. {(' '~§f~'J:~~~~~·7r· ),e ~ ' ~ , ,: :::" ,., ~. . / By: TIMOTHY L. C CHAIRMAN '\'~~,,~f>,:>/' '" ~L.F ,4~"A'" S~\~~\' A TIEST: DWIGHT E. BROCK. CLERK. Approved as to form and lega.l sufficiency: ~~.:- ~r.2.~~ Ramiro Mañalich Chief Assistant County Attorney h :\I'Cloluti()f\$97'çita1ionpro::cdu~-m' 2 ,_,.._._,~~".'"·.'.'"o..·,.____ RESOLUTION NO. 97-369 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNSEL. WHEREAS, Collier County Ordina.nce No. 80-80 created the Emergency Medical Services Advisory Council and provides that the Advisory Council shall be composed of eleven (11) rcgul:u members, three (3) ex-oflici0 members and two (2) staff members; and WHEREAS, the Board adopted Resolution No, 90-527 on October 30, 1990 which revised and updated the Emergency Medical Services Advisory Council's by-laws by providing that the Advisory Council include two members At Large; and WHEREAS, there are currently three (3) vacancies on this Council; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, recommendations for appointments were received from the Emergency Medical Services Advisory Council; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR1DA, that: I, George T. Le¡¡mon, representing the At-Large category, is hereby appointed to the Emergency Medical Services Advisory Council for a three (3) year tent}, said tent} expiring August 31, 2000, 2. Michael A. Davis, representing Commission District 3, is hereby reappointed to the Emergency Medical Services Advisory Council for a three (3) year tent}, said tenn expiring August 31, 2000. 3, Robert D, Laird, representing the AI-Large category, is hereby reappointed to the Ern~rgency M.edical S::rvices Advisory Council for a íhre~ (3) year term, said tenn expiring August 3] , 2000. Thi¡; Re501ution adopted after motion, second and majority vote. DATED: September 23. 1997 ATrEST: eV1~~H E, BROCK, CLERK . \,1 v - V ['. "~,:' ",. i~,: ";'/ / ~-' '. ..., ,: ¿¡/,.;-/:¿~ ",' £'. . ~ / .. / j), l . / ~~~ -~--T-r--r-- , , /: ' , :. 9ï ~J /9 ;? , ~ ..'./.- .~;'!:. ,- . I :. - .~" . ~ , ... - (, 'Approved as.!o fonn arId , ) I J leß!1~S,'¥titlcncy: ~~L-~ -i . t1 DavidC. Weigel ~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA --~ì ~ , '~ ..'.ý. / //" ,-,.' -. -- /, , ,/"~ :,..--:....... ,.- By:-'/f«?:' ~'lr,·f;(-1¿¿!Z--'"' J'flMOTH,Yi. HANCOCK, CHAIRMAN A DV 3Mn lOA ""'-"".' .."-,._~.._~,,-- 1 DB RESOLUTION NO. 97·370 A RESOLUTION REAPPOINTING LILLIAN JEAN JOURDAN TO THE GOLDEN GATE ESTATES LAND TRUST ADVISORY COMMITIEE WHEREAS, Collier County Ordinance No, 87-48 created the Golden Gate Estates Citizens Advisory Committee and provided that the Committee shall consist of five: (5) members; and WHEREAS, Ordinance No, 87-48 was amended hy Orùinance No. 94-40 which renamed the Committee the "Golden Gate Estates Land Trust Advisory Committee;" and WHEREAS, vacancy wil1 oçcur on this Committee on October 13, 1997; 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 Li!!ian Je<ll1 Jourdan, representing Phase! category, is hereby reappointN to the Golden Gate Estates Land Trust Advisory COi1unittre for a four year tenn, said lcrm to exp:re on October 13, 200 I. This Rc::;olution adopted after motio", second and majority vote, DATED: September 23, 1997 ATTEST: D'NIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA I:.cL~;: ¿1, . ,'~/ ':£, '~< /.w~ ;{-; . iJ ( : ·Y,·'· " 'j!,¿J/'J7 I I \ r 4 ... ~ " '-. , . /, "Approved &.S. tò' form and " . ~'. . , ~agaI~ffiÖlèncy; ~_-x2~:Ad, _ David C, weig~ County Attorney DCWlkn , --"'-.'~-"'''--'~'-'~-- -..--. RESOUrrJON NO. 97-371 RESOLUTION REAPPOINTING MEMBERS TO THE HISTORIC/ARCHAEOLOGICAL PRESF.RV A TJON BOARD WHEREAS, Collier County Ordinsnce No. 91-70 created the Historicl Archaoologic.al Pr~atjlJn Board and plOvidcs thal the County Commission shaH appoint seven (7) members to lh~ Historie-IlI/Archaeological Pr,~st:rvation BO!lTd; aud WHEREAS, the terms of three (3) members will expire on October I. 1997; 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. Laura Rupp Burke, representing the History category, is hereby reappointed to the Historicí ArchaooJogical Preservation Board for a three (3) year tem, said term to expire on October!, 2000, 2, David J, Driapsa, representing the category of Landscape Architecture, is hereby reappointed to the HistoricfAIchaeologicaJ Preservation Board for a thret: (3) year term, said term to expire on October I, 2000. 3, Lora Jean Young, representing the category of Citizen- At-Large, is hereby reappointed to thr. Historic/Archaeological Preservation Board for a three (3) year term, said term to expire on October I, 2000, This Resolution adopted after motion, second and majority vote, DATED: September 23, 1997 A1TEST: DW1~w'r#. BROCK. CLERK "t' Ii (¡ I ·~"·:';-:i~~ .. ~:,: ~ ~~iI;: /). co, '..', .', ':>1. ,. '" " .__ '..¡¿~: 'P'?;'" , '-: 1/ .2 j /~ 7 'Appiov~ïáS'~1Šim and Ir:gai ~utfki!jty: ~ ~~. - David C. Weigel COlmty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA DCWibI lac -- --.......-. ,.......... .~~_.,...- 100 RESOLUTION NO. 97-372 :\ RESOLL'TION APPOINTING MAUREEN D. MCCARTHY TO THE COLLIER COUNTY ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD. WHEREAS, Col1ier County Ordinance No, 91-26 creating the Collier County Envirollmmral Policy Technical Advisory Board provides that the Board shall consist of nine (9) members; and WHEREAS, the Board of County Commissioners, on June 18, 1991, adopted Collier County Ordinance No, 91-46 which amends Ordinance No, 91-26 by providing that the Collier Cowlty Envirolmlcntal Policy TE'chnical Advisory Board shaH consist of eleven (11) members; and WHEREAS, Ùle teml of one (1) member will expire on September 30, 1997; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications horn intcœsted parties; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Maureen D, Ml:Carthy meets the prerequisites for appointment and is herehy appointed to the Col1ier County Environmental Policy Technical Advisory Boarù for a four year term, said term to expire on September 30, 2 ()Ij 1. TIus Resolution adopted after motion, second and majority vote, DATED: September 23,1997 AT'fibK'.1 , ,~ ÌYwlGHT i.'~OCK, CLERK . ~-.:' I C;.... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A?~~/~ By: , 0 ;¡;~:rø / //~:-~ TIMOTHY~, I1ÁNCOCK, CHAIRMAN :, :~:,!',:., .' /.-u..-#;ò, c, ~,~ ',,< (: :,,';... '"i ,(3/'1 :; ~~ "... ".... ., AprfvYÇ,4, ~ "to form and h':B~l 'kù1'Iíclcncy: ~ ~<'li~Llðk/'L1 ¿ David C. Weigel P- County Attorn~y DCWlkn 11 DE RESOLUTION NO. 97-373 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE COLLIER COUNTY PLANNING COMMISSION. WHEREAS, the Collier Counly Planning Commission was established by Collier County Ordinance No. 85-51. as amended by Collier County Ordinallce No, 86-76; ã!1d WHEREAS. Collier County Ordinance No. 91-102, as amended, repealed and replacL-d Ordinance No, 85-51. as amended, re-establishing the Collier County Planning Commission; and WHEREAS, Ordinance No. 91-102, as amended, provides that the Collier County Planning Commission shall be composed of nine (9) members representing the five commission districts; and WHEREAS. the terms of three (3) members will expire on October I, 1997; ã!1d WHEREAS. the Board of County Commissioners previously provided public notice soliciting applications from interested parties; NOW, THEREFORE, BE IT RESOLVED BY THE BOl\RD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Russell A. Priddy, representing Commission District No.5, is hereby appointed to the CoJlier County Planning Commission for a four year tcml, said term to expire on October I, 2001. 2, RusseJl A. Budd, representing Commission District No.3, is hereby reappointed to the Collier County Planning Commission for a four year term, said term to expire on October I, 2001. 3. Michael Pedone, representing Commission District No. I, is hereby reappointed to the Ccilier County Planning Commission for a four year term, said term to expire on October I, 2001, This Resolution adopted after motion, second and majority vote, DATED: September 23, 1997 ATTEST: ,,'W/\,\ty{¡HT E. BROCK, CLERK '<" " '/ ..;, ;.~' J';I:·.~:L4/á<J~/ -i~ 'J, e ........ '.:";,/,,~ . -, ..... -~/-T " .", ,/,' 'i' j"") ".: "':,~ . .~ ,l..'?...3, 7 , /t ..., , ' ~ i'D, ~'I\1o; , ~, Approved as 10 form and l:gal sùŒciency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,. ~~--4;. ,- David C, Weigel t> County Attorney DeW I1cn , ' , '''''·.A_......'_...,,·.···.~_''_ 10F RESOLUTION NO. 97-374 A RESOLUTION APPOINTING MEMBERS TO THE BLACK AFFAIRS ADVISORY BOARD WHEREAS, Col1ier County adopted Ordinance No. 91-38 creating the Black Affairs Advisory Board and provides that the Advisory Board shall consist of seven (7) mrn1bers; and WHEREAS, Collier County Ordinance No, 91-77 amended Ordinance No, 91-38 by providing that the Advisory Board shall consist of nine (9) members; and WHEREAS. there <lIe cum:ntly four (4) vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: 1. Michelle Charlene Austin, is hereby appointed to the Black Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on JW1r. 25, 1998, 2. Karin E, Engiish is hereby appointed to the Black Affairs Advisory Board for a four YC'-éU' telm, said term to expire on June 25, 200 I. 3. FiL~gerald A, Frater is hereby appointed to the Black Affairs Advisory Board for a four year term, said term to expire (In June 25, 2001. This Resolution adopted aftcr motion, second and majority vote, DATED: September 23, 1997 ATTEST: ~ ~lGti;r T~ BROCK, CLERK , , ": _.:'::('~ .' ;'f~ ~';~'~' /:å~ /r~ ~,'-;--' ~ (~ __ :/4~ , N / ," , , .~', .,... 9/-< J / 7 ) . . ," ',' . ¡ , ,.(P"ro\.tj;'~: to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER Cm.TNTY, FLORIDA ----, --<.,..£,.,,/./ -~/ By:_ /~~1/,Y.i"'~-:"I__~~-_.- TIMOTHY).. HANCOCK, CHAIRMAN ikll~~- Õavid C. Weigel County Attorney DCW/k;, john C NorTi~ Distric1 , Timod1y L Hancoc k. Ale? DisCriC1 2 r In'lochy J. CCJnIUr'ICine Dàtric1 ) f>arnN S. MKIGc: Dåbia 4 ~ 8, Bony Distri<:t 5 lOG '§w~o/~JtV ~~ ~~j~ 3301 East T~1.ami Trail · ~ Florida 3-4112-4977 (9041) 774-ð097 . Fø. ¡g.,41) 77~·3602 11 tfi\ - '-... ...... - "_ a ~.... \ .. October 9, 1 ~7 Honorabie Bill Barnett Mayor CRy of Naples i'35 811\ Street SOuth Na~es, Aofida ~ 102 Dear May\)t' Barnett At t.s rneflfA1\;¡ of Septemoor 23rd the Board o! c.ouoty r"Ol"T1In~rs diso I$s.ad the cre.otlon o( 8 romrnöøð to study cumurt ~a Irthlc:s laws, ~ appIic8t.ion at the tocÐ! leYel, and any nefÞd fur OOdi\iorwl or re\lisðd ethics-l'6lated IegIsla1ion that WOIJId apply to etf)ded officials and 1M rooduc:t . ot puJoiic bt.l..~es.c; in CoIlief County. II wss QIso 5&JUgested that this groop !:oc gNeri the task of re\IieY..ng ethical standards for the wr10us nlJlNS media which interact wth &00 cover IoaIi gowmmeot to delennÌMI whether said ml'dia can be he:d 8!'.courrtable in so.-n.a wsy for bfe3d1 of eth!cãl su.ndard. TM suggasted makeup ot tt".is g/'OlJp is one merTlOOr fitpresenti:1g each County Commission distrir.:t, ones memt'..er eacl'l re~nt¡(g tho dUes of EYIt~Iadð$ cay, Naples and Marco Island, and two rnembcrs roprnsen~ the Collier County Sd100I Boai'd. This would make a total of ten members. The Board of County Commisslonðrs is commilted to thb comml1ee process and would lite to in....'! )lOt..! to seiad 2 fepre!i8rrtatM! to participato. Ptease let ~ knew tI your BoardJCty Counci is i';terðs!.ed f1 lSkng part. Thank. ',IOU rot your as..c¡jstance In bmg~ fhjs matter up for d~ wCh 'jO\If 8oardlCouö1Cl. ~ fOfw~rd ìo t.~8 crðaÖDn of tho C".ommMee and your participation In the process. Veiy truly yours, "J~ ~ xt~ Tinothy L Hancock Chairman TlHIbp John c. Norris DiIr:ria 1 r~ L Hanaxlc. AICP Distria 2 rll'llOChy. Conbl't~ DiItriå 3 I"amela 5. Mac'lQe DGtri<1 . Barbara B, Berry Distriå ,5 lOG 9JtHVtZ' o/~J~ ~ðlVÛp ~t'Mtmi.1jÙJ./1Q':j 3301 E~ Tatr.ilmi Tr,¡,i · ~ F\orida ).4112-4977 (~1) 714-ð097 ~ Fu (941) 77....3602 .. 'r-;-,.. , , '" ~- . ... :0", '\ Octeber 9, 19Q7 Hooonible Pam Cox Chairman Collier County School Board 3710 Estey Avenue N2p1es, Florida 3-41 Q.4 De3r ChanTlan Cox At t~ m~--eling ot SepteiToOOr 23111 tt!ß &ard of County Commissioners discus.se<:l the creation of a C;)mmö~ to study current Florida etnlc:i IO'NS, their application at the Ioaal lewl. '00 any ne«1 fOf Rddiüonal or revi5ed eth~Ulted IÐQlslation that wouid 8~Y 10 elected otliciais aoo thtl C'.onduct 0: pubJìc ~~ in Collier County. It was alsQ SI.:wested thm this group be gNen th8 task of re~ ethicaJ staoo.a1Ù3 for the \o8nous ~ l1'1eòia \\-t1ich interad wltl and CO'IW ~r OO~\1t to delermi1e whether said media can ~ hGiC :¡œountabW'l io some way for bre¡¡ch of ethical sta.'XIard, The SVOV~ed ma~eup of th;s oroup is one meiTlU# representing eltd1 County C.ommlssJoo disU\d:, one mßmber e3ct1 'e~nli'1g U'1fI cbts of Ewrgladtls City. Na;Ns and Marco !:sl¡¡nd. .nd ~ m~m~~ re~.,entino the Comer County &:hooI Board. This would make a towl of ten members. 1116 Board of COUnty Comm~ Ì$ commöed 10 thIS œmmUee :If'OOeSS and would lite to IIwIa you ~ StJIed a ~nt.JttJe to p&~. PJease let me know r your Boaci1JCIy Counci is ~ed in taÜ19 pert. Than~ )400 for YOUf 8ssis:ðnœ Ì'1 tA"i1g1ng '1hi'J maler up for cbœssion wth )O\òr 6oardICcunci. Ioott ~ to ttIe crolitlon of the commtiðÐ and )'OW" participation In the process. very truly ~f'$. 7H~cX! /J~- Timothy ~~ Ch&J:man TlWbp ...--~"" .~ ____P,.________' lOG )ohn C. Norm Discrit"l 1 rmw:tChy L ~i.1nccd'. IVCP DIiÞitt 2 r omochy ~ (.onswrtir<e oœ;ct 3 PwI" S. Mac't<ie Dinrict 4 8M1:an 8, ~ Dòstrid 5 !i9~ o/cø='~ ~aatp ~tHItmi1j~ 3301 East~'¡ Trail · N.1pIes. FIorid~ ).4112--4977 (~') 774-11/YJ7· FIX (9.41) 774-3602 - -........ ., _L, ~ 'r-' - \ " ~ober 9,1997 Honorable ~.amfTY Hamiton Mayor CIy ~ EWtrgtades 207 Broadway Ave. E. Ewrglad~ CIy. Aon1a :)4139 Dea.. Mayor Hamilton: At f1;. m6ðOOg of Sftptornbðt' 231.-:1 1M fI..oatd cf County Commissiooel-:s ~ tho Ct'8ñÜ.')O of a commltae to :stud1 O,lrtent F\o!rJa ethics J.aoM\. thef' appl!cRtIon at the ~ ~. and .ny need fO( 8ddtlb0.91 or l1S~tMd cthb,rð!¡tsd I~L5btIon !hat \"IOI.1Ìd aøply to eled8d oftkials and the coodud of pobfic bosin~ i1 Cdller County. It was £fisc ~;gw~1 that this g\"OUp bte ~ 'ðws ta6Il of",~ ethal stsndams for the 'oGrious MY'i'S ITIOOII whold1 Irrt-eract ",'11'\ arod COY« ~ gowmme!l! to detem1Þt whet.her said rr,edla can Nt heki accounteblo 10 s((11ð wr.Y!1'X bread'l r"f aU\Y~ standaro. Thð suwestGd m.akeup of ths group is ooe member f'Cpro$ootrtg each County Commission di.Wd. one tnfPmber ðadt "'~ the cIb& of Ewrgtadtls Cly. NapIet and Marco luiltnd, and two members ropre5entÎilg tf\.c Co!~r C.ount)' Scbaot ~td. This W\)utd make" totai 01 ten memi'el'5. The Boaro of Count)· Comm~rs is COf'M1IWj 10 this commtiee pmc:es$ nnd would li:e to fn'Ae ~I ~ 54riöd & ropreoo~,t8 to~. PMa..~ lðt me know ï your BoardlCay Counci Is ~·rt\Jíe3tt'!d in tli~ p"it Than¡¡ )00 fur )oor ~istaoœ Ìê OO'lg1ng this rna~er up for dlscus3ion wIh your Board/Counci. loc,.k rof'Wt'lrd to 1M (n.s.~ of tha CO(nfflJ1~e and your p.e~~rt In tOO proces.5. V~ b-",ty )'Our~. ~~¿;Jj~ ~0r~ Chal:mall TU-IIbp oM C. Norris Obtriá , TImothy L Hancxx:k. NO Oistrid 2 rlfl1Odly). ~ Distri<:1 ) PatooIa S, ~'1Ge District 4 B.Wara 8, Berry District 5 lOH .5õ~ o/~~ ~~p ~0ntnU4j~ 3301 E_ 'W1\1amt Trail · Naples. ~ 34112-4'77 (9-41) 774-¥ß7 . Fax (9ot1) 17-4-3602 /1 d I, S~ptember 26. t 997 Mr. William Howell, OMCM DEP . Division of StE.lte Lands Marjory Stoneman Douglas Building 3900 Commonweaíth Boulevard Tallahasse~, FL 32399-3000 ~ar Mr. Howell: This letter will acknowledge recc:ipt of your ieuer dawj Sc:ptember \7, 1997, requesting Collier COUJlty to forward the name of n rep~sentative to se.rve as a member of the LMd Ma.nagement Review Team to study Barefoot B~ach Preserve in Co!lí..:r COL:I\ty. On behalf oftne Board of County Commission~rs, I am writing to inform you that while convened in regular session on Tu'.:sday, September 23, 1997, the Board of County Commissioners discussed the aFpointm~nt and the consensus was to appoint Dr. Ira DMh. P~sjdent of Friends of Lei)' Barefoot Beach Pre$(:rve, Dr. Dash can ~ reached. at t.he foì1owing address: Dr. rra Dash, President Friends of Lèty Barefoot Beach Preserve 201 Bayfront Drive Bodta Springs. FL 34134 Telephone: (941) 495-8267 Fax: (941) 495-9590 Please fed fr~e to contact Dr. Dash dirt:ct!y. I would also like to rtspectfully request a courtesy copy ofrlle final review be fm-warded to the Board QfCounty Commissioners. Thank you for giving Collier County the opportunity to participate in th-: Land Management Review Team, ¡ look forward to workL"1g with you in the futur: a.,d. in the meantime if you have any qu~'tjons, or if you feel that I can be helpful to you in some other way, please do not hesitate to let me know. Very~.y~~ Timom~~ Commis!)joner, Disn;ct 2 TI..H:sf cc: Dr. Ira Dash --~---~"._.~_.....- COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 0128 1 To: Clerk to the BOArd: Please place the 101l0"log as a: ,.---....., / XXX ,Nonnallegal Advertisement 'iÐísPlay Adv..location. etc.) o Other: :::::::::::"~:~~':.:::=:::"""" .::::. ;;·ß]i:d··········~:·~i;(~;·.... Petition No. (lfnone, give briefdt:St.':ription): PUD-94.7() Laur~u..oOd PUD Amendment Petitioner: (Name & Addres.5): Qu1QQQr R.:.sons of Am.~ 2400 Cn-J!!!29.r Road. Nashville. TN 3 7215 Name &. Address of any pen;on(s) to be nolificd 1»' Clerk's Office: (If more sp3CC is ~ attach separate sheet) Barban H. ~wlev. AICP. Wilson. Miller. ßaf\Q.n &: PeeKJ"ç.. 3200 Bailev lane. ~ 200. Naples. Florida 34105 Hearing bef~ ?~ BZA Other ","..woo Hooriug d."'_~ B=d '" ,d><rti""noot ,ppcaring 15 day, "'fore "'...ring New~paper(s) to be used: (Comp!ete only if important}: xxx Napl:s Dai:y News Other o Legally Required See attached (~d PUD) Proposed T~'1: (Include legal desclipÜon & common location & Size: Companic:: pe'iition(s). if a.1lY & proposed hearing date: Does Pt.'tilion F:-c include advertising I:Ost? ~ 0 No J Yes, what account s.hould be chat ged for advel1isiJlg cosu: I \3~138323-649110 ð;" ~ .,.¡j.J. UA-. R.evi~œ by: f'.AJ ..".,.. '70 T lIf" Þ , ApproV1:d by: --.1~ Õ ~-t(-q7 Division Head D~.c Coomy Manager D:1~ List Attachments: PI5TRIBJIT!ON INSl1H.JÇJ10NS A. For hca:iags bef¡)~ BCe or BZA: initiating PCIWO to comJ.'lrte (lOiC C(\y and obUiD Divisioll Head apPN)vt1 bdon: submitting to County Mxuager. Note: If 1C't~ doaament ÎJ involved, be sure tb:at MY cecew:ry ¡q... review. or ~ for ume, is S'.¡hruitted to County Atto'"I1cy before r:ubmiUing 11) County Manager. Tbe M:ma~ï'I oUke will dbtrlbute copies: o County ManDgcr a~nd3 file: to Oerk'. Office o Requatinl Divi.ion o Original B. Othu hearings: Initiating Division head to :1pprove and submit original to Cleric's Office, retaining a copy for file. ........**..............................ft...............~...*.*.........*...........e...................... FOR CLERK'S OFFlCE USE 0r~~t~ 1 I I q / .., / D¡,¡te R.cccivc:d: î~ Date of Public hearing: ~µ Date Advertised: ..1t-2f '7 } , L-~' I 267 \~ U27Ø 271 ?r2_ FAX \ 0 '.fa: \ .~ )~L - ~:~J\ )\\-: ~~ ;1V\ . \) ,0) ..~ ~1-~~- ~ ~\ b _t1 L_+:_ 1 ( I ') """""KI\r..L'S: ~ ..L..." ,- 1!'A% :M): - - . -- . . . -~ ...."... - ..: .. l1Bm1:_-# ~OJ!J;: COI.r.:IER cam;rrr ~"lÛl¡SR 4W____.....__ . -----~:------ p;E. .~.t~--19U.f ïl4::!J.!2! ~ '!Q: (~'1) 774-84.Q! DA'rB ~ \ \ \" l smIT:__~""': , I " ___J /? '0 SBI5IT: ' ') TDŒ Œi]:.~~Tlr'E TOT~ TJr'E ABffi 00-00\ 15:00 00°01'54 92634864 æ-oo 16: 13 00" 01' 51 92634864 00-001 16: 34 00· 01 '50 92634864 00-00 16: 43 ~ 01 'SId 9'"&>34864 00-11 13: 15 OO"œ'01 926-~864 æ-~1 13:29 I æ'Ø1'~,4 926:S4æ4 STATUS ()( 0< 0< a< 0< ()( TOTR.. tSPGS ID 128 1. 'OP~ 3 (~ 'IJ]J)1Q mrs OJVJ:S1è.) ,- ~ ŒPT COŒ ŒM'1. CODE 3 Ø68C008ØØØOO8A 12 3 ØG8Cøe80ŒŒ81lA 3 Ø68C008ØØØOO8A16 3 Ø68C008ØØØOO8A 14 3 ~14 3 ~11 18 128 1 ÀugUG t 11, 1997 Ms. J~dìth Flanagan Naples Daily News 1075 Cent:al Avenue Naples, Florida 34102 Re: Notice of Pu,bliç Hearing to consider Petition PUD-94-7 (1) Dear Judi: Please advertise the above referenced notice one time on Sunday, September 7, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. F.O, No. 704259 ..-....'_~_w>'~ 128 1 August 11, 1997 Outdoor Resorts of America 2400 Cretmoor Road Nashville, TN 37251 RE: Notice co Intent to consider petition PUD-94-7(1) Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners em Tu.esday, September 23, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 1997. You are invited. to attend thi.s public hearing. Sincer:ely, Sue Barbiretti, Deputy Clerk Encl. cc: Barbara Cawley "".-..-..----... 128 1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is bereby given that on TUESDAY, SEPTEMBER 23, 1991, in the Boardroom, 3rd Floor, Administration Building, Collier County Gover.lli~ent Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Corrunissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinallce is as follows: AN ORDIN~~CE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NU}ffiERED 8627N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" '1'0 "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS L~URELWOOD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF I~~OKALEE ROAD (C.R. 846) APPROXIMATELY 1/2 MILE vmST OF THE INTERSECTION OF C. R. 951 AND IMMOKALEE EOl-l.D, IN SECTION 27, 'l'm'lNSHIP 48 SOUTH, RliliGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 78 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94-63, AS Þ.MENDED. THE FORMER LAURELWOOD PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-94-7(1). Barbara H. Cawley, AICP of Wilson, Miller, Barton & Peek, Inc., representing Outdoor Resorts of America, requesting a rezone for property described above. 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 verbatirn record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COm~TY COMMISSIONERS COLLIER COUNTY, FLORIDA TIHOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CI,ERK By: Is/Sue Barbiretti. Deputy Clerk (SEAL) ..___.0.. ,,., _ _.___~__"--""""""'-.Jo.~"'--"'~ -V ~'YT ...........-~ -1 LiilH' -..a¡ 128 1 August 11, 1997 Barbara H. Cawley, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 RE: Notice to Intent to consider petition PUD-94-7(1) Dear peti tio:îer: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, Septe~ber 23, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 1997. You are invited to attend this public hearing. Sincerely. Sue Barbiretti, Deputy Clerk Encl. cc: Outdoor Resorts of America -.-......-....,...-""""------ 128 1 ORDINANCE 97- AN ORUINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPOPATED AREA OF COLLIER COUNTY, FLORID.r.., BY ~~ENDING THE OFFICIAL ZONING A,LAS ~r..P NUMBERED 8627¡, BY CHANGING THE ZONING CLASSIE'ICATTON Or' THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LAURELWOOD, FOR ~RO?ERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846) .r..?PROXH'J\TELY \~ MILE WEST OF THE INTERSECTION OF C.R. 951 AND IMMOKALEE ROAD, IN SECTION 27, TOWNSHIP 48 SCUTH, RANGE 26 ~ST, COLLIER COUNTY, fLORIDA, CONSISTING OF 78 ACRES MORE OR LESS; PPOVIDING FOR THE REPEAL OF ORDINANCE NUMBER 34-63, AS AMENDED, THE FORMER LAURELWOOD PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Barbara H, Cawley, AlC? of Wilso~, Miller, Barton & Peek, Inc., representing Outdoor Rresorts of America, petitioned the Board of County Commissioners to change the zoning classification of the herein descr.ibed real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS Of COLLIER COUNTY, FLORIDA; S2CTION ONE: The Zoning Classification of the herei~ described real property located i~ Section 27, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document. attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zo~ing Atlas Map numbered 8627N, as described in Ordinance Number 91-102, the Collier County Land Development Code. is hereby amended accordingly. SECT ION T\-IO: ---- Ordinance Number 94-63, as amended, known as the Laurelwood PUD, aàopted on December 13, 1994 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. -1- v,"_, '.~ _,...,A_....'_..~_,".,~·___· ,,- ,..-... SEC'!'ION THREE: ------- This Ordinance shall become effective upon filing with the department of State. PASSED AND DULY ADOPTED by the Board of County Com~i3sioners of Collier County, flor.ida, this ____ day of , 1997. ATTEST: DWIGHT E. SROCK, Clerk BOARD OF COUNTY COHM I 5S IONF.r,S COLLIER COUNTY, FLORIDA ---._----~ BY: TIMOTHY L. HANCOCK, Chatrman Approved as to cor.m and Legcll Sufficiency -v(\J- . Marjorie M. S~udent Assistant County Attorney tJPUD-94-7 (11 Qrdinance -2- 128 "".".,_.",~. .,.«,..,.,~,,,,~ <....._~-,~.,.,."...--'- .._- -". ~- ------ --....- 1~--- I ~rr-.1J"IU'" ..-, ------ ~n-J7"",..- --- 128 1 rn~(""~:~'·~ED n ç. f,..¡' ",'_,1 l' 1) U D 9 4 -7 (1)" ,JUL 0 ì 193"1 PLANI~ ~,~~~ OU.~R~R~OFN~~ THE MOTORCOACH COIJNTY CLUB (F onneny Laurehvood) A PLANNED UNff DEVELOI)MENT MlENDMENT ± 78 Acres Located in Section 27. Township 48 South, Range 26 East,. Collier County. rlorida PREPARED FOR: OurDOOR RESORTS OF AMERICA 2400 Crestmoor Road Nashville, T~Dnessee 37215 PREPARED BY: wasoN, MILLER, BARTON & PEEK, INC. Wilson Professional Center 3200 Bailey Lane, Suite 200 Naples, Florida 34119 DATE RLED: DA TE APPROVED BY CCPe: DATE APPROVED BY BCC: ORDINANCE NUMBER: AMENDMENT BLED: DATE APPROVED BY CCPe: DATE APPROVED BY BCC: ORDINANCE NUMBER: 7/29/94 11/17/94 12/13/94 94-63 ~ all ~-- -~IiI" .......... ........lr~W.---- _ . .u__- .-- --.....-~- -- 128 1 T ABLE OF CONTENTS F.A.GE UST OF EXHIBITS AND TABLES STATEMENT OF COMPliANCE AND SHORT TITLE SECTION I PROPERTY OWNERSHIP AND DESCRIJ!I10N SECTION II PROJECT DEVELOPMENT SEC110N IT! MOTORCOACH VEJIICLE SEC110N IV GOLF COURSE SECTION V GENERAL DEVELOPMENT COMMITMENTS 11 iii 1-1 2-1 3-1 4-1 5-1 6I1)m~)IO,mcp .. ..""~..~--,--- 128 1 LIST OF EXHIBITS EXHlBITA PUD MASTER PLAN AND VICINITY MAP (WMB&P. Inc. File No. RZ-254). EXHIBIT B MAP OF BOUNDARY & TOPOGRAPlDC SURVEY (W?\IIB&P Inc. File No. SL-227) ii 6I13NI.4M19\OOIO.mcp -.,"-........-"',..-...,- . --"'...,.--.-.""-- 128 1 ST A TEMENT OF COMPLIANCE The purpose of ùlÍs section is to express the intent of Outdoor ResortS of America hereinafter referred to as the Developer, to amend the approved Laurelwood PUD and rename it the OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB Planned Unit Development (PUD) on 78 ± acres of lan<.llocated in Section 27, Township 48 South. Range 26 East, Collier County, Florida. The development of OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB as a PUD will be in compliance with the planning goals and obj~tive5 of Collier County as set forth in the Growth Management Plan, The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element (FLUE) and other applicable regul3tions fur the following reasons: 1, The subject property is within the Urban Rcsidential Land Use Designation as identified Or) the Future Land Use Map as required in Objective 1 of the FLUE of the Collier Cúunty Growth Management Plan. 2, The project is located in the Urban Designated are.a of the County and meets the criteria under the Future Land Use E]ement since it has direct access to a road classified as an arterial and it is compatible with the surrounding land uses, 3. The proposed density of OUTDOOR RESORTS OF NAPLF...\;) , A MOTORCOACH COUNTY CLUB PUD is 6.3 units per acre which is less the maximum density permitted by the FLUE Density Rating System and is therefore consistent with the Future Land Use Element Policy 5,1. Base density for the Project is tw~lve (l2) recreation vehicle units per acre in accordance with Section 2.2.11 of the Collier County Land Development Code which is a comparable district to the proposed motorcoach vehicle use. Additionally. the property is located witllÍn an activity center density band which contemplated a higher density than other iocations within the county. The proposed 488 units on the 78 acre site resuJts in a density of si.:< point ÙlreC (6.3) units per acre well below the rn.aximum permissible density of 12 units per acre and is, therefore. consistent with the GrowJ1 Management Plan. 4. The project development is compatible and com.plementary to cXIstmg and future sarrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Futur~ Land Use Element. 6. TIle projeçt development will result in an efficient and ~{)nomical extension of conmmruty facilities and services <IS required in Policies 3.1.h and 3.1.1 of the Future Land Use Element. iii 6I13N7 ~7Y'OJIO,rnq' 7. The project will be served by a complete range of services and utiliÜ¢s as approved by the County. SHORT 1TfLE This ordinanCe: shaU be known and cited as the "OUTDOOR RESORTS OF NAPLES. A MOTORCOACH COUNTY CLUB, PLANNED UNiT DEVELOPMENT ORDINANCE." iv 6f13m.Q419'D010,,,,,,,, 128 1 . SECfION I PROPERTY OWNERSIllP AND DESCRIPTION 1.1 PI JRPOSE The purpose of this section is to set forth the location and owrership of the property. and to descIibe the existin.g coooition of the property proposed to be developed under the proj~t name of OUTDOOR RESORTS OF NAPLES. A MOTORCOACH COUNTY CLUB. 1,2 LEGAL DESCRIPTION The subject property being approximately 78 acres, is described as: The east III of the northwest 1,4. less the north 100 feet of Section 27. Township 48 South. Range 26 East. Collier County, Rorida. 1.3 PROPERTY o¥as::ERSHæ The subject property is currently under a sales contract to Outdoor ResortS of America. Inc. 1.4 GRNEBAL DES..CRIP'IlON A, The project is located on the south side of Immokalee Road (C.R. 846). appro:illnately Ii¡ west of the intersection of C.R. 951 and Immoiailee Road, It is bord~red on the east by Richland PUD, a mixed use commercial am residential de'¡elopment. T.t is bordered to the west and south by a.gricu1turally zoned fa.rmed land. To the north, across Immokalee Road lies agriculmrally zoned land. B, The 7..oo111g classification of the subject property prior to the date of this POD Amendment was PUD for a mixed use residential development. C. EJevations within the site range from ±13.1 NGVD to ±13.6 NGVD above xæan sea level. Per FLTUA Map 120067 0215D, the subject property lies in Zone X. The property is in a Dregory 4 HU1ìicane Vulnerability Zone according to the Southwest Florida RegionW p1anning Council'§ SLOSH tna.0s. D. The site has ~n altered. through ~"t and current agricultural uses and therefore, was granted a waiver of the iets'Uiremcnt of submittal of an EnviroJJJm:ntal Impact Statement (EIS). 6IJ¡~7~)IO.aq 1-1 ~........."....~~~..~..,..,.,.........~.."...........___,....« Ii'W"il'f.__...-.........,,·______ ~~ ~ -----~. ,-- 128 1 E, The project site is located within the Harvey Canal Basin depicted within the Collier County Drainage Map (revised September, 1993). 111e general surface pattern flows are being diverœcl to the south for discharge into the GQlden Gate Canal. 6I13JÇ7~I(¡,1DC¡I 1-2 '~.....~-..,--_.__.....__._.._-_._.-.__...._--_.- - .. - - - ... ~- - _..~-~----- -...~ --._- -.-- .' '--·---_.h___._-.,,__--- ~ ---"'-..uw.--"-.-"--'-- '--~'t¡--..- -- --__- U~ '¡' "(I' ' . t ,.. ";! i·1 \t ¡ .', ( \ -, j.~'.! ,"',.'~ 4~. SECTION II 128 1 -~ ~~ ~'.'-. \'_' r . PRD.ŒCT DEVELOPMENT ~.~. :'.(' . ,:. ;',: ,t, 2.1 fllRp()~E "',Ç-,'; ~r.\,~y. t,t·.:" . !" ~.-\.. , ' . ,I , ~'-~<'2 I ~ ,{,\~.!_~ .', ~ -;- ~... . ~. .~.. ;- -' ~ ..:~~ : :.:, ~ "'I ~'\., ~. ~ '0; ,'1" 1 ':, J':(:~ ':>.:'~\ \.1. .... ,....-,',1, I :~;; ,~,~':)~'(' The purpose of this Section is to ~e.œrally describe the project plan of deveiopment for OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB, and to identify relationships to applicable County ordi.nances, policies, and procedures. 2,2 GENERAL ~ ..,.. " ~ . ~ ~ ': ~~\' >~~ í{' ì.' ':::.S},~: '..... to.. ! ~.-~....., : A. Regulations for development of OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB shaH be in acccrdance with the cont.ents of this document, POO-Planned UnÜ Development District and other applicable sections and parts of the Collier County Latx1 DevelopIDem Code in efftCt at the time of issll.:1.nce of any development order which authorizes the consttuction of improvements. These include, but are not limited to, FinaJ Subdivision Plat, Final Site Development Plan, Excavatior. Permit and Preliminary Work Authorization. 'YVhere this Planned Unit Development Document fails to provide developmental standards, then the provisions of the most similar district or requirement in tbe Collier County L1ßd Devdopmcnt Code shall apply. " .., . . I :-.. .~¡ ~~ I\t.:',·,_~~ Vo'.'... ' ", ..., f~'~~~~:~ , ...."'01 \, ~. I¡, /..... ',' " ~ ",~.i ·þt.~.J ~~~.:~~.. . " "\ ;'\..,~:.~1J .~/:\~:''',,' ..~:~': {[n :-,:'.~'.~~. '~~1~;'j ~\;.~Jl: >~~", '..{ ,"J.;~'. ~1. ~~;? \~tþ{ \~)~'Y.: , ":~'J..'~".;' B, Urùe'~<';s otherwise defIned herein, or as necessarily implied by context, the def..n.itioll,<; of all terms sp..all be: tbe same as the definitions set fort.~ in the Collier County Land Development Code in effect at the time of development order application. These applications include, but are not limited to, Final Subdivision Plat, Final Site Developrn~nt Plan, Excavation Pennit and Preliminary Work AUthorization. C, DeveIopmenr penuitù:d by the approval of tills petition will be subject to a corlÇurrency review under tbe AdeqUélte Public Facilities Ordinance Article 3, Divis ion 3.15 of the Co Hier Cowuy Land Development Code. D, Al1 c..')ndÜions impos...~ herein or contained on the Master Plan for OUTDOOR RESORTS OF NAPLES, A MO'fORCOACH COUNTY CLUB PUD are part of the regulations which govern the manner in which the site may be dcveioped. 2.3 DESCRIPTIQN OF PROJRCLeLAN AND fB.Q.eOSF.D I~ANn USES ,. , ~'s~:tl .:~';..''¡. ,:·r¡ .' ... ~-' .a\. . . if ~J The project Master Plan, i.ocluGing layout of streets and use of land for various tracts. is illustrated graphically by Exhibit" A" I POO Master Plan, (WMB&p, Inc. File No. RZ- 254). Variations to land use designations and acreage within the project may be pennitted at final de.~ign to accommodate vegetation, eocroachments, utilities, market L...... ;: :;~~ ~;\·~r·~ .:¡"'/ 6I1'jN7~JO.mc:p :;.1 ~ ' "~ /·".'I.,·.7...);_,~J ..~,':.' :. ~ ; /:' I .;..i..·.~( !~\'.f, . . ',~ ~."" ( ....- ," .. ~ 2-1 /::t:è::;:\D> ~{.~.>':A ':~..::'-r,.~.f}~~~.\~~::;::?~¡.)~:::::::;':'~::';\.; .{ .':,¡:;.~::; , , i . ,~.' ....'". . . . .' ;." ," . ! __.·.._..'.T.__,_~_! ~.:": :::.;' ::'~:.:~. .~" .', .¡. ~.. (.:)-¿ ~ .:: -<' ':.<~~~ ,{ .,'., ;'1.'";.,,' . " ...."./ ':.,~\(.~ '. to " ....:. ~ ·'r.... ... ,/,:::~..~:.. ~ t:;, ;,(;:::;':;:, ~ .. .'. ~., , .' '"~.. .,,"",:;;,-!, ....". - \";:.~J,. ~v ," '< ,,,;'.'; !..;.' ..:...... - . . '..' .:~ ~~. - .'\'~~ 'Vl, ~ ~.~ ';'" ;~.[ ;:.';' 4. .,I".'J"". ~:~":;~~~ ,1j _ :;:,~~~... , ......' .; .-~::~~ ... ~ ).~:<'ç ~~,'~;: ·~i' ~ . ,', , , ~.r:r~; ~ :~~:~\:'-;;. '''..'> \..-' ,.~ .""..,. ,';~'~>~: :\~~'\; ~~- ,:...;~'.~:'. ~5~~ . ';, ~þ "', /:'~,' )i>¿~ ..~,. ~~:;:~ ,:",: . ."/.'",;~' ~';>"('> :h ~ ",'~~" ,':,s-\; ~'~i ,", ~ ~~ ~ '.'" "'<~\': :(.'~.,,;""..: :' .~ '. . '.1.' ..... ~~~~~,~'i't ,.. ..' ~ '-' ..";'-, , ~...... é 'fñ: :K:'~:, ~:;,'.i\,'· ;\:~'/'-' .':~'~ ..'':..'~ i:':::: ~~;.. ..,;~.: ::~\;~-'~~.r' , . ~..\,. . ;~/!.'!" .. ;~-~:.':: ~~:)!- ~ 0;::::« :.~.~;'~::):' :-~ '::'. -.: ~~r"" t.t ,.~o:. \ 't -""'~._-'--~""'~~-~.í!I'- ,....-...- ,-,--. .'.'-, :-'--, -. '-.' " . "I . '~.' ..., '.~, 128 1. conditions, and other unforeseen site conditions. The specific location, size, and configuration of individual tracts shall be determined at the time of site development plan approval in accordaœe with Article 3 Division 3.3 of the Collier County Land Development Code, or its successor provision. 2.4 PROJECT DENSITY A maximum of 488 motorcoach lots shall be constructed in project areas indicated as "Motorcoach Lots" on the PUD Master Plan. 'The gross project density for the development will be approximately 6.3 motorcoach lots per acre. 2.5 lillADW.A.:n.ì Roads and other infrastructure will be private. The ~veloper, his sucœssors or assignee reserves the right to request substitutions r.o Code design standards in accordance with Secrjon 3,2.7.2 of the Collier County I..<too Development Code, The Developer shall create appropriate homeowner associations whkh will be responsible for maintaining the roads, streets, drainage, and water and sewer improvements where such systems are not dedicated to tÌ1C County, 2.6 SIDEWALKS SidewalY.s, bike paths and bikela.nes shall not be provided within this PUD. An alternative design for such facilitie.., s.haH be provided at ~he time of Preliminary Subdivision Plat in accordanœ: with Section 3.2.8.3.17.5 of t.he Collier County Land Developm~n! Code, 2.7 I"AK'R SETSA.CK.AMLEXCAYA.TI01í The lake setböck requir~ments d~~riòed in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the adrninistrative approval of the CoHier Couruy Devtlopmcnt Services Director. All lakes greater than two (2) acres may he eXC<lvat,ed lú the maximwn commercial excavation depths set forth in Section 3.5.7.3.1., subject to meding tIle County fetch fonnula controlling maximum depth; however, removal cf fill from OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB shall be Jìmiœd to an 8.IDOUDt up to 10 percent (to a rruL't.imum of 20,000 cubic yards) of the toW volume excavated unless a commercial excavation perrllÎt is received, 2,8 IlSE OF RIGIfLfi}-QF-\YAX Utiiization of the righlo;-of-way and easements for landscaping, decorative entrance ways and signage shaH be permitted subject to œview and approval by Collier County De'velopment Services Director for engineering and safety considerations during the review process and prior to any insWlations. 6I13/97{)479\OO 0,""'1' 2-2 ., . .' ,.t '''',þ' .. \ i... .~.. ..... ". ~ /~~".":~'",,, ~,. ,....,~~...{,',;::.'.,.~:~:~;.:',' ,. .~..¡-. .-' ~ . _ ~,~ .. ":10'", :;--. :..~ .' .. '.' .- , :.-: :...:_ r' -,j.'. .', ~. " I "--~..~....." " . -;.:' ... .....' .; .;. \a , . " :: 1·'4' :'. T , '! ,. "',t. ' .. . -oj . . .. 128 1 2.16 PUD MONITORING An annual monitoring report shall be submitted pursuant to Section 2.7.3.6, of the Collier County Land De.....elopment Code. 2.17 SIJBDIVISION APPROVAL The review and approval of all subdivisions withln the Project shall foHow the design and development standards and revicw procedures in Article 3 of the Code in effect at the time of development approval. The developer reserves the right to request substitution of design staOOards and request deviations pursuant to the Code to the standards set forth in applicable regulations. 2.18 SlTE.J2E.~~ROVAL The provisions of Article 3, Divi<;ion 3.3 of the Col1ier County Land Development Code shall apply to the development of platted tracts or parcels of land prior to the issuance of a building permit or other development order. 2.19 IMP.ACT FRKf;) Development within the Project shaH be suòject to all lawfully adopted impact fees. Impact fee credits shall t;e granted to tb: Del/eloper in accordance wirh Section 3.06 of the Road lIr..pac,t Fee Ordi.naœe 92-22. 2.20 ß'ASEMENl'S FOR ID1LITíf:.S All necessary e~ments, dedications, or other insuuments shall be granted to insure the continued op:r.ltion and maintenance of all service utilities in compli&.-x:e with applicable regulations in effect at the time approvals are requested. 2.21 Q.PEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and open space shall meet the 60% open space requirement for development as set forth in Section 2.6.32.2 of the Collier County Land Development Cod~. Open space shall include all pervious greenspace within developxœnt p:.ueeJs a.nd lots. 2.22 M.J..ING Pi.ACF"S This PUD is subject to the provisions in Section 2.6.30, Division 2.6, Article 2 of the Collier COWlty Land DevelopIœnt Code. M13/97 4(7<.NX) IOmcp 2-4 128 1 SECTION III MOTORCOACH RECREATIONAL VEIDCLE USE 3.1 PURPOSE The purpo~ of this section is to identify pennittcd uses and development standards for areas within OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB designated on Exhibit" A", POO Master Plan as "Motorcoach Lots (ML)". 3.2 MAXIMUM LOTS A maximum number of 488 motúrcoach lots are allowed m the area designated "Motorcoach Lots" on the POO Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "Motorcoach Lots" on the PUD Masœr Plan are designed to accommodate OIÙY mútorcoach vehicles as defmed in this document. The approximate acreage of the "Motorcoach Lot" district is indicated on the POO Master Plan. llis acreage is ba..4I.ed on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Sire Development Plan or Preliminary Subdivision Plat .approvals in accordance with Article 3, Division 3.3, and Division 3.2 :respectively, of the Collier County Land Development Code. MOlorcoach tracÎS are designed to aCC'.ornmodate intemal roadways, 3.4 P.ERMr.I:ŒD JJSES ~ No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole cr part, for úther than the following: A. Principal U~s: 1. Motorcoach Vehicles - as defined herein. One (1) motorcoach vehicle per lot. Definition .. The5e ...ehicles shall be deftned as those vehicles which hav~ been categori.zOO by the Recreational Vehicle looustry Association of America (RVlAA), and the Family Motorcoach Association (FMA) , as Clar;s "A" or Class MC" "Motorcoaches" and/or factory customized bus conversions, that: (a) are mobile, in ac\.ord3œe with the code of standards of the RVIAA am FMA; (b) are self-prope1led, and completely self- contaiœd. vehicles which include all the convenienœs of a home 6/13191,(1479"00 lO,mcp 3-1 1IJIK'!i"~--- ~oIWJIIW'"7."~~"""'~"'T~'II!!d"'~~.--. ..____.~ ~_~.w=- t ,__ ._r .,--. ---- -.~ - --.......,. - ,.....-- I -- - J8!l-. ..." ...-------.AfL- .__.~ lnlQ ...,.- ...u.__ iJS.---'--- __u__-. 128 1 including, but not ]imited to, cooking, sleeping and bathroom facilities; (c) are structured so that the driver's seat is accessible from the living area in a walking position, but not necessarily in an upright position; (d) contain a minimum intfrior height of 6 feet in the living areas; (e) have a minimum ]cngth of 24 feet, a maximum length of 45 feet and a maximum width of 102 inches; (f) have a fIxed roof, as opposed to the "pop-up" variety. A "Motorcoach" shaH not be construed to include any type of trai]er or camper which may be pulled by, or attached to, an automobile or truck in order to be moved from place to place, nor any type of truck with a room- like addition carried on the truck bed. Any Class" A" or C]ass "C" Motorcoach that cont<lins a "slide-out" room addition is acceptable under this defInition. AdditionaHy, any Class .. A .. or Class "C" Motorcoach that has an entertainment center, bar, barbecue, television, sink, ice maker, or cabinet tha.t is an integral part of the Motorcoach, and is built into ùle storage bays or the sub-basement, and which mayor may not slide out on cantilevered rails is permissible under this definition of acceptable Motorcoaches. 2, Community ccnter/c1ubhouse(s) with associated recreational facilities induding but not limited to snack bar, swimming, pools, tennis courts, picnic areas, and shuftleboard courts. 3. Any other principal use which is comparable in nature with the foregoing uses and which thc Development Services Director determines to be compaiiblc in the "Motorcoach Lot" District. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district including guard gate and administration buildings. service/maintenance buildings including bathrooms, storage, laundries and similar serviœs for residents of the resort. 2, An barbecue/entertaimnent center/storage structure not to exceed an area of one hundred (100) square feet. Any such structure may be located adjacent to its associated recreational vehicle in compliance with the setbacks provided in Seçtion 3.5. C. of this document. 3, Water management facilities and lakes, 6/ 13197-<>479'00 I Q,II>CP 3-2 -- ..,~...._--.-._____....... v~_·_- - 1:.. --.. ~-. ",- '-- - .-- - 128 1 3.5 DEVELOPME1S:LST ANDARDS A. Minimum Lot Area: 2800 square feet B. Minimwn Lot Dimensions: Width: Average of 40 feet Depth: A ver,\ge of 70 feet C. Minimum Yard Setback of Drivl:wa.y and Pad: Front: Ten (10) feet Side: Five (5) feet on ooe side; Three (3) feet on the second side Rear: Eight (8) feet, five (5) feet for an entenairunent centerlbarbecue grilllstorage structure. From Irnmokalee Road: Fifty (50) feet From buildings or structures: Ten (10) feet, no setback from and enclosed storage structure adjacent to its associated motorcoach vehicle. 3.6 REQllIRElUAClLlIlES A. Electricity. central water and sewer. and telephone shall be made available to each motorcoach lot. B. Trash containers such as dumpsters shall be located in the maintenance areas easily accessible. C. An enclosed space shaH be open at all times wherein a portable fire extinguisher in operable condition and first aid equipment is available, and a telephone is available for public use, 3.7 OFF':STREET PARKING REQUIREMRNTS Parking for the Motorcoach lots shall be as set forth in Section 2.3.16 of the Collier County Land Development Code, "Travel traiJer/recremÌonal vehicle park campsite" or its successor provision. Parking for community center/dub house use shall be computt:.d at 2.5 % of the normal requirements set forth in Section 2.3,16, ufthe Coliier County Land Development Code. 6I13197~79·.ooIO,mcp 3-3 128 1 3.8 RE.QUIRED BUFFERS A, A buffer strip at least fif1een feet (15') wide with an opaque wall shall be provided on the east, west and south property boundaries, This wall may be constructed in phases which coincide with the phasing of the project. A perimeter benn and swale may be permitted within the buffer. B. A buffer strip at least twenty fet:t (20') wide with an opaque wall ~ landscaping shall be provided along Immokalee Road. The opaque wall and landsca.ping combined will create a visuaJ screen between lnunokalee Road and the motorcoach lots. A perimeter benn may be pennitted within this buffer area. C, No buffer shall be required between recreation areas and motorcoach lots. 3.9 COMPLIANCE WITH COUNTY CODK~ Standards for landscaping, signage, lighting, and other land uses not specified herein shall be in accordance with the Collier County Land Dt:velopment Code in effect at the time of project plan approval as specified in this document. 3.10 P.ERMA~ENT LOCATION OF MOTORCOACH VEHICLK~ No pennanent residency is allowed. A covenant nmning with the land shall be recorded in the Public Records of Collier County referencing the PUD's restriction on permanent residency. A maximum stay per vehicle shall be six (6) months. Lot Ownership: The developer shall include in the title transfer document a covenant attesting to the fact that the lot cannot be used as a place of pennanent occupancy and that the maximum stay per vehicle is six months, The lot owner or user is responsible for registering his or her vehiclc's arrival and departure with the manager of the resort. Failure to register will hold the lot owner or user responsible for any penalties imposed by Collier County. 6/131')7,{)479\OO 1 0,..,<1' 3-4 --.----- ~T!$V ....... n~I~~~-.. ~ - .--.- -_'- .......ö>"_. _& -!;R"-- 128 1 SECTION IV GOLF COURSE 4.23 PURPOSE 1ñe purpose of this section is to identify permitted uses and development standards for areas within OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB designated on Exhibit" A", PUD Master Plan as "Golf Course (GC)". 4.24 PER.'flTfED U~ AND STRUCl1JRES No building or .lit.rucn1re, or part thereof, shall be erected, altered or used, or land used, in whoie or part, for other ~'1 the following: A. Principal Uses: , 1. Golf Course 2. Parks, passive recrr.ational areas, boardwalks, observations platforms. 3, Pedestrian walkways, biking, hiking, health and nature t.."âi1s. 4. W:w:r management facilities and lakes, including lakes with seawall and other types of architectural bank treatment, and essential services. 5. Lighting and signage. 6. Any other principal use or activity which is comparable in nature with the foregoing UY-s and which the Development Services Director detennines to be compatible in the "Golf Course" District. B, Accessory Uses a.-x1 StnlCttlrf".s: 1, AcCt'-ssory uses and struCt'IJres customarily associated with principal uses permitted in this district. 2. Pro-shop, practice driving range, carl barn and other customary accessory uses of golf courses, including maintenance area and pump houses, rain shelters, and rest fOOIT'.&S. 611 3m 4419100 I 0 ,IDC> 4-1 128 1 4.25 DEVELOPMENT STA.l>iDARDS A. OveraH site ck.--sign shall be hannonious 10 terms of landscaping with the motorcoach lots. G. No additional parking shall be required for the golf CO\lrn: use. 6/1 3m ~79IIJ010,mcp 4-2 -............~_..._-_.......--._-- -- - --~.-- -. "--'- ___... ~__________ a_ -1 Lilt -'.-~ 128 1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.26 flllœOSE The purpose of this section is to set forth the development commitments of the project. 5.27 WATER MANA.GE.MENI A, An excavation permit will be required for the proposed lake(s) in accordaœe with Division 3.5 of tlu: Umd Dcvelopmçnt Code and South Florida Water Management District (SFWMD) rules. B. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. 5.28 ENGlNERRfNG A. Thi3 project shall be required to meet aU County Ordinances in effect at the time fInal ronstruction documents are submitted for development approval. 5.29~ A. The developer, his successors or assigns. shall be responsible for the r.onstruction of turn lanes (beth left turn and right turn) at the project entrance in accordance with Ordinance 93 -64. B. Toe developer, his successors or assigns. shaH be responsible for the installation of arterial level street lighting at all project enU-ances. c, 'Jòe County reserves the right to restrict and/or modify the location and use of median openings in accordance with Resolution 92-422, Collier County Access Managernent Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. D. The County's Five-Ten Year Work Plan irxficates that Immokalee Road will œ improved from two lanes to four lanes beginning in 1999, Based on the need for these improvements, the applicant shall dedicate 25 feet of property for use as a road right-of-way along the soud! side of Irnmokalee Road. Impact fee credits shall be granted for such dedicaúon in accordance with Ordinance 92-22, as amended, 1W13J97~19'.OO IO,mqI 5-1 ~--,. 128 1 E. Road impact fees shall be paid in accordance with Ordinance 92-22. as amended. and stull be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. F, Construction of turn lanes under the two-lane condition or a four-lane condition (whichever is existing at the time of development of Phase One), and installation of street lighting are infrastructure requirements to be completed as a condition of building certificates of occupancy and are the respon.sibility of the developer. G. The time frame for the twenty-five foot (25') right-of-way dedication should be witlún 180 days of BCC approval or prior to the start of infrastructure improvements. whichever occurs first. The vaiue of the right-of-way should be based on the County Appraiser's fair market value but in no case shall be less than the petitioner's purchase price prior to zoning approval. H. The value of the tv.'enty-five foot (25') right-of-way dedication shall be granted as an impact fee credit pursuant to applicahle County Ordinance. Should additional right-of-way be necessary to accommodate project related improvements (as opposed to general Counrj improvements), such additional right-of-way shall not be subject to an impact fee credit. 6/IJI97~19\OO¡O,mcr 5-2 Naples Daily Nevs Maples, fL 33940 Affidavit of Publi~ti~, "-ple, Dlily NEvs --.-------------+------ BOARD OF CQJHTY C~ISSIQNERS ATTN: NANCY SAlOGUO f'() OOX "15016 ~PLES Fl 3.10101-3016 REFERENCE: 001230 57559595 7042~9 NOTICE Of l~TENT TO Stðt~ of Florida C?Untyof Collier ß.!for.t the undersigned lIuthority, pt;rao.ìIIlly tppearl:(! B. Lalllb, who Of\ O'1th U!Y' that the serves as Assir.tant Corpor.t~ S~cretary of the Nepl.. ¡¡ail)' H\!W~, a daily newspaper publ hti<ld It Napl.., In Collier County, FLorida: that tha atta~ COP), of ad'Jerti,ing w.... published in Hid ~.pllp«!r on c:ates listed. Affiant further seys that the ..id NapLe. Deily tiNS is II newspaper pubt isM<! lit N41pl~, in ..¡d Coli i ('!r County, fl(j";dII, and that the wid n~$pnper has heret010re ~'" ~ootinuously p'mliahed In said C"llier County, Flori,,*, _çh day and /);sa been entered as ucood Cllll _it ~tttr at the ~st office in Naples, in acid ColLier County, Florida, for e period of 1 yeer ne:>:t preceding the first ¡xIbL1CQtI0fl of the a,tðc~ copy of advertise~ti œnd affiant fur ther "y' that she has nehher peid nor prO\llised any ~racn, fir. or coporetioo ~y discount, r~bat~, c~isaicn or re1und for the ~rpo.<t of slcuring this lIdv.r'tiaQ~t for p¡,¡/¡lication in the uid newspep.r. PUBlI$HED ON: 09/07 AD 5P,f,CE:: FILED ON: 102.000 INCH C!J/œ/97 ---------------------------+------.--- Sig~ture of Affiðnt /) , / '/0 . (y/ \ Swcr~ to and SUbscribed ~ before lie this i.f.L day of ,::,;: V '( ~ . "11:.1. , " r' i>ersonally ImoHl1 by .e~r¡.t..t:.Ó..-L l , , "~I 128 1 FORM SS MEMORAND'ÙM OF VOTING CONFLICT FO~ COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I'oI,u.n, Of ~..o. COUNCIL. COM....tSSIOK. ~un. 0.. c:::oMMnn£ ("OUNn' Collier Count Board of commissioners t1fE lOA.o. COUr<1L ('ONM1S'Ç1QH. NJn~~TY. oa COM,.UTTEE 0l'oI "'·HH."H I SERVE IS .... UNIT Of: : (" I Y :X couNTY ' : OTHEIC I,OCM AG~ N"'~11õ Of POLITICAL ~"U80IVI~ION: Collier County Pamela S. Trail E. Collier:- M'" I'OSI nON IS: xx ELECTIVE ,; APP()\:onl~E. 23, 1997 WHO MUST flU: FORM 88 11:ùs form is for use by any ~rsQn serving :ll the county. city. or mhcr locall~"C1 of government OD an appointed Of c:I~ board.. couoo1. commission. authority. or commiuc:c. 11 applio equally to mcmbcn of advisory and non-advisory bodies who are prc:scntcd with a votiag conflict of il'\(\:res{ unu<..'t' Section 1\2.3143. Florida Statutcs. The rcquircmcqu of this law are maodatory; although the ~ of this particular form is not required by law, you are encourngcd to use it in ma.king the disclosure .n:quired by law. \bur responsibilities under the law when faced with a measure in ",·hich you have a conflict of inlercst will vasy pnùy depending on whether you hold an d~ctive or appoil'\tive pQsition. For this reason. plc:asc pay closc a({elltion to lhe inslructions on lhis fonn Wore completing the rc:vcrsc side and filing the form. : ."...~. . " " -. INSTRUCTIONS FOR COMPUANCE WITH SECTION 112.:I143, FLORIDA STATUnS ELECTED OfflCERS: A person holding c:lc:ctin: county, municipal. or oth~r local public office ~lUST ABSTAIN from voting on a measure which inures :0 ¡ús spccial prj\"3le gain. Each local officcr 30150 is prohibited from knowingly ....oling on it measure: which inurcs to the special pin of a princip:lI (othcr Ihan a government agenq') by whom he is retain~d. In cilher case. you should disclose the C()of1ia: PR lOR TO THE VOTE BEING TAKEN by publicly stating. to the: assembly the nature of )'01.H intercs{ in Ihe measure on which you arc abSl<J.Ìning from voting; (llld WITHIN 15 DAYS AFTER THE VOTE OCCURS by compkting and filing this form with the p.:rson responsible for recording lhe minutcs of the: mC::ling. who should incorporate: the: form in the minutö. ' ... APPOI:"òTEO OffiCERS: ^ ~rson holding appointive county, municipal, or other local public offi.:e ~lUST ABSTAIN from voting on a measure which inurcs (.é) his special private gain. Each 10<:301 officcr also is prohibilc:d from knowingly voting on 3. measure which inura to the s?«ial gain of a princiral (other than a govelnmcnt agency) by whom he is retained. ' A ç:<:rson holding an appoin:iv..: lexal offlc,: otherwise may pani(ipatc in a malter in whi.:h he: has a conflict of imerest. but must dCiclose: the nalUre: of the co'nfli<.:t bcfort:: making any allempt 10 intluc:nce the: decision by oral or wriw:n communication. whether ~dc by th-= ofrïccr or at his direction. IF YOU INTEND TO \IAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ' . Yc.'..\ shou!d compktc and file: this form {before making 3~Y <:IlIempt to ¡nOuenee lhe dccision} with the p.:rson responsibk for recordin'6 the minutes of ¡he mœtillg. who wili ir.<:orporale the form in the minutes. ~ A copy of Ihe: form should be provided immediatel}' to the other memuers of the agency. . The form should b,: r-=ad publicly a: ¡he meeting prior l(t consideration of II\!: mallcr in which )'Ou have ;a conOict of intercst. ;_..L1jj[JfIl~M-~~~ ,__ , . .,...... ... ., 128 1 I ". - '.. IF YOU MAKE NO ATTEMI-"T TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · Yoa should disclose: orally the: nature: of your conOk1 in the measun: before participating. · You should complete the: form and file it within I S days after the: vote occurs with the person responsible for rc:cording the minutes of the: meCfing, who should incorporate the form in thl:' minut~. ' DISCLOSURE OF LOCAL OFfICER'S INTEREST 1. P~~la S. Mac'Kie . hereby disclose that on Septembec 23 . 19J2--: (;¡) A measure came or .....ill come before my agency which (check one) __ inured to my special private gain: oc ~ inurc=d to the special gain of Famela S. Mac'Kie, P.A. . by ....bom I am rcu.incd- lb) The: measure: before my agency and the 1131un:: of my interöt in the measure is as (ollows: Doard of Coll ier County Commissioners Agenda Item 12.8.1. .. Petition Pù~-94-7(1), Barbara H. Cawl8Y of Wilson, Miller, Barton ~ Pee~, Inc., representing Outdoor Resorts of Alllerica, requesting an amendment to the -Laurelwood- Pla.nneð U1it Development through a. "POD to POO" Planned Unit L)evel~t -rezoning action h,a'¡ing the effect of deleting the residential dwelling types and adding IOC)torc~ch recre-atiooal ·..eòicle units as a permitted use, replacing/changing the name of the PUO to Q.¡t.rb:::r ~eso("t.!5 of Naples, the Motorcoach Country Club, and revising the Master Plan for property located on the south side of I~~kalee Road and approximately one-half mile ~est of C.~. 951 in ~. 27, T48E, consisting of 78 acres, more or less. Af~er consultation with ,the County Attorney, I abstained from voting on the ab8ve matter pursuant to Section 286.012, Florida Statutes, which provides that "no member of any state, county, or municipal gover~~ental board, co~issio~ or agency who is present 'at any meeting of'such body at which .an .official èecision, rúling or other official act is to be taken or adopted ~dy·abstain :rom voting...except when, with respect to any such member, there is, or appea~s to be, a possible conflict of interest under the provisions of 5.112.311, 5.112.313, or 5.112.3143. In such cases, said me~ber shall comply with the èisclosure requirements of S.112.3143." " K--t:.-. 23, 1997 ------ NOTICE: UNDER PROVISIONS OF FLOHIDA STATUTES §112.317 (198S), A FAILURE TO MAKE ANY REQUIR.ED DISCLOSURE CONSTITUTES GROUNDS FOR AND !\fA Y BE PUNISH EO BY ONE OR :-'IORE OF THE FOllO\\'I~G: 1~1?EA.CH;-"ŒNT. RnlOVAl OR SUSPENSION fROM OFFICE OR EMPLOYMENT. DEMOTION. REOUCTION !~ SAl..AR Y. REPRI:-'IAND. OR A CIVIL PENALTY NOT TO EXCEr:D ~5,OOO. .- ., ..... -"'---~_... --- --. -- -- --. --_. _._---- ----- -...----.-......-..........-..-.-...-... ..... . . I ~ - J .... Outdoor Resorts df Naples The Motorcoach Country Club ,N eighhorhood CO'mpatibili~y: "Viezvs of luxury living from coast to coast." Prepared for Outdoor Resorts of America , Prepared by \VILSON.MILLER ; EXHIBIT I î·~J·'1 ßlL I t.( ell) I I I' I 'I I 'I ·1 ...1 ,I 1 I I I I I I I '1 I " , , , _... ~__~". __0- _....._....-_.-.,_. 128 1 .·Hilton Head Island, S.C. ~~'~~:,:;.G~~" ... ,'.," ~:;J.'r··h.>~ ;. :>'<:'. ,;':~'--.::: ~!~i/'/'~ ''''-.' ·,Ii ~"'...J.' ',,¡; ...!'<-¡,<,~~>~,"': " ,;..... .~... :. - ...." < loP'\.; ;r' ",,v~ '.'-- :f~ct~~}~~7r~~Ì:~£~JX .~1"",....>;yt:· "i-', ,,,¡::¡'~,1:-:., . ~.~)f. ..~\,~..:' .,(~,/J,-.. .z:",.1'.. #k.-~ .;' t. ;/~i ~~}-\> :I~{~~ '~"'~ ""..>.,.....,..." ...,~ ~i!> ....- '",>,~. ~".t.~£ »',..-/. ? :~;,~" "'1; ~':~'.;: 't ~~1"'.' ~'f""'.:. ",f ~. .\ .__~"..' ,I¡o . : ._..,< .. .^.~.A.. }("., .' ).'\'(:-:~~ \.'~:';'?:" 'j> .'~-'. ,J \'" \: 'I".' \ . \ ' --.. 'j , .\,:\. ,.( ",,' "~',. .,....~;'~"" ~.. '. · ï~ ..~.-:.> " ..''1 r¿-" V' Windmill Harbor If' Outdoor Resorts RV Res<.1rt and 'Yac11t Club j, WILSON_MIl.LER _ _.._..-,____......' M __ ~ -"" .-.---" V_lr"'1r~-~'" --V- -_._*-- T /1 .~ ) i~'1 ' l\ " f'l .. t~; . ;'." :,1 ·~·····.:I " . , ;' " ;:1 ,;." " I I .1 ,~I· :'1 '. .,' 7. ~' . I 'I '" . 'r;, ;:1 , ··'.,,;1 ~~.;. ::~~¡fW':"~~';~' : i'::::':: ,';It... . "., ; . ,'W,.~:" .~. ...;.... ._: ',~_ ;', '~_"'. ,.~·"'''''r '" ' . " , '" :,~.:.~;.î.r;i,;, .. j':-!~. ..~... -- '..,.,,'.>','.'. ~-~~~.:~: ;.: ;..t~!, . :,:, .. ti(f~ ~}~.~:/;'~,w,~, :. , , ~. ~ . ."; . ~ ~ . ~' r . Wìndmill Harbor - - .~ -. -j 128 1 WI1.S0N.MIl.LER - , ~.. . . ,.~ ""' \.. ¿.. " l'f/'; ..........' '. -:.4. J~ .... ;:<. , ?f) ~ ,...~' .' I~'q "..,"'~._·,.,,',._"'1!i...,,""'·..;~.,'4-';.·._..._._""·· '......"....,,__·,.··,.N·_"w·'·.. I I I I I I I I I I I I I I I I I I I ~~!'\"tYI~-.,...,.,,.,..........,......._...__.___. ':, ., 'I :" 'I ,I ,:,t . . I I I :1 .., I i ,I I .1 ..1 ."', . .. .-'-.: , ',./,,~<..~<¡~,,'-'" . {f. ~, ~ ¡:. ~ .. ".t '"":.'~ ,+S"~'!'''''];' "ff',\'-:r ;:;i*;;~J{~1;'~!#: .~:.:..,.): ,1'¡'-'" <i~'t).!· \~t;;~..... :"",":;'"I'''''f1'...:'' . ~ "..~ .,,:1'" '<"'fl;· ," "..~;/' ..,..~~.'." t;:6}}Î([*Æ~¡,~}¥ >e':'0 '/-::i:.'~' ¡,.-t'.~ ¡:':>; ~.. !'~~;:t;:-;,::f,i'~"'t'+j ,~':~ .,... _,.- .".\ ¡,,:J;1 _""..,~ ,<.~ ",..."" t::, .. .:' , ~ '" . ':"', '....' ','. ''''''''''''f'''' -y"' ;?~;t;;1t4)~£2¡j-,.? ',i"( ",..,)..;;:':-'1""'- '1"" j~;~];.r:· C.:;~0,(;!:,:,t ,\. . .' "',.' ,,,t,... I,,?, tIi:.:;n?,:.i~i1·~ ",.~,.'~"~ ¡; ~)(,i<';t 'f, "y~' 1~,:;:..}~~,y~:::,:~~:J: tL;¿): ,.':;/ .,'I~ \ .~ ,~, ~" ", ''''I , ,..., ,I , ~, < . . ,~ ~ , ' ~ f;. ..t ' t,l, .<1'" :@¡~,1iijt;.ii~:,~~; Outdc)or Resorts R\' Resort and Yacht Club 128 1 WILSON.MILLER {{ ~~ ;:'. ',;. 'v_~ '¡~ -, "~}'~. ..".~ ~ ~ ~);~ \'r" ,I I 'I 'I ,I I I I I I I I I I I I ,I I f;'J1 ',;:~'!i ',~)t '~}:f~1~ ~ ~~ {~ ',:~ \:.~~> ~r;~{~ 1~t~~ ~~ I:;:;, "'\ K+ Ii.!: .'_ Ä~::~\ \( ":;\ :~~'rt: fJ.~ . .- ;f" ì~.~.' ~ . ~ -',,',' ::J,¡~~\ ~.. ~.~-..-; t J." ~ " ,,;.~ "..~'':''. ,'^',~ I .r.·~.i ';*:',-;. ~.. ,:.,~ ~;,.. ;::·""'·Þ ",'-.; ; ¡.",,' " , ;:{\. '. ~ ' .; '. :,~. I·:,:' .t:\;·~5 .~S<' .,~. ~.. ,.;_:~ ....t-... ~,. t I ;~{H ..~ \ ',~ /# ),}',' l~~ ~ 'J" t:J ·irfc" ·.1!;~' ¿:~i~~ ...'¡-.... ~, ", '\.~ '..,' ' :;,:( ,.;~~f "',!:'l·' 1:~~ f,;" t,~:: ';"'1, ,<)~. ·,·...·1 (.~. 'lJ ¡""') . .'.\ 'ff ~:i~; ~?; :"<··,:~,~i.~ ;'\~.' ~~:.~ ~ ,~ "" ,.,>, ,." 'I. ")-~ ~ ..~,-.~,..; .,' _ "''', I'll. \" ;.. .., -f';; .... ~,~~,../,,:.. ~:II ;)~v~~¡;'_~:"":~S~j.· , "'... ~,....i;.? t....,~. -.:'>.)~;:. ! ... "'?~~_.~.~~ r··'~-:.~. ....,., .,.. -: I ~' ~....~. ~. \ ........~", ~., ...~~:¿~, 12tj 1 I-lilton Head Island, s.c. V Wexford Plantation t/ OJJ.tdoor Itesorts Mot()r Coach Resort WILSON.MILLER <:, ;,1 :1 "I ,I 'I "I 'I :,1 I ::1 I I :1 :1 .,1 .1 f - I .',. . '. .~ '., ',' ;' .' ",..,. . .~ . -:..";' -'~ ' . . - . ;,";. '." ~ . ~ ," . . ~~. ' :; ~.: ~ . -., "....', ,. ~.,'.t, :..,,~ ~'~~"':~ ~ ":;-.~¡. .: "\;': ~ ~ ,'ft, /'··'_i"¡ y,: "",.;.\,'1: .~ ',' .Î.__~~.~. -,,'~'_;";.~' ~.\....: ,,~. '::'....,.1 "1.:1':1'., ".' '-I: \. . ..... " :: ,. IJ'" r.... \.. . ;"; ;~:; ~ :~~:5'~,~?Î ~~:~:\ '.~'.c.~. A',: '. ;.'~::;"'-" ~'-::,"~.' "!-I',-, ' Jf~t.; '\ . ·"t~~ "-,1-< r:y~···-~,,' -:"1'< -.; :._.~.~ <. ," ""(.', .., ··c..·t.....·,...··\w.:...\· \, ~,.'..\,.,¡/f\¥\+-. "': .;.. :;~--..;!; '.:;/d.: '.;~/r\1.'~"".' ,,,: '...."'.').;" '\\'~"" ., \. ::,:-·{:~,~t>~J~~i~¡ r~/, "'~ .~ ". :0>:"\ '·Jl..,·.,t I'~."~ '·t£~1~~ \" (.:~·;;'\,'..:.i.i;:,:r.: :l ';';','1',1 .~ . ,;,,·";·.\l~:;·J. :;,..~;" ;A,\~..~ j ~~.~~~¡., J··...,·~~:,"~."t..L .:{..:o)o. 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" 2IÌícM Öllt-alt ~': '. ... ~ ~.Jm I, ..,..' ~ "~a1rn Spdnp., " ,>' ~.;dIe..·,·~~J~V~·"·:~;·1 . ..;.", Còw1lryauh., ;' ";' ~.; ,'&aie' to Pre~~ j. ,'~ ~ arid k>Oc ;¡ gatt.ering pI.œ fôr lOO'Iir :,'~ And ~ Palm Spring3 ha.~ ~ :he .. I't!'IOrt á dIOice fa ~ 1Je-e yCu1l6nda quality , . and vmety 0( Iih that is ~, Spend <IT! àfk-fnoon hiking ex hot .1ir !:eJIcon. ing. Thrn enjoy the 'evenIng at·~ of thr many exdting rdghIspob downtown. Comb the.vt ~;.:s .. ..~exotic {roOOa _ . . ,or sX"T1<i you. t:imr juR"'1œnf. in """ 01 :oM't'T'a! ""tur.ú minenoI sprirp ,- ' for IOAúch !he IrP.a is ¡afT""", ,,?::Jt'. e_¡ ío .- ...:: "-hy m.øy ~~ ~A ';'hà-r~Ø\ad;!, Palm :i3 'Sprinp tMir faM , .. - . YIaIIÍOI1 d1Iaiœ. And ~, why, lor many, It', .' ~ lad IftOrt they'1. I rvll"T ~d)o.... -~ -" -;". Re.Ioru.' .:~ Palm Springs. y,.". . c desn1 OO$Í5, ,..~;.l,:...?· ",',,: r. .~~:·~ì.l;f;~~' :>:.A ;:, . ~;r.,.. ~ ;_~: ,~': ~··,i .::. .' ..'" ....' ,'. , ~~ /~ ~. (.:;~ .. ...: , ",'. ./('~; t~'.::'- ~ J. ,'" " , , . <:', "!':~ÐI{1 no.( M¡j!L.... p... ~;ouo m ~ i1 :,.." .' ,.'. : ';omA>ad 'IIOI ;~<.;... '.úM.., . '~r.>w^ ¡."' 4"1' oÚaM ~ µ;JII3>.InO ~ }t. NIþ .<"..(¡nq UI!:) "'. J'UV .,~,~, ...,.,... ::.~. MOoJ: ~"':riIuµds UlJ"d.~ AOI1pn() IV .~~ ' ....d .,... mur,> '~ ~. ~ O II}ED.,... ';',. II" UJCU¡ I!u~¡/...I'...a ~ 1Ìnp....\I:D.""'I!^!PV . ¿:": " .' ~~. ¡:. , UOfO'S '!WH . I: ~', ' ~ DUU<I^"'>:) . .j. . DGn"INII . f~",' ~ ,(~ puv 'Nn", '/u.'" ~Js LpJÐII ~I:f. ......".. '. , ,T3S;;t.;,.:l.;;;':';;'~.:: '~~'::Ä;~~~.;.:~ , ' . . , ~~SprInp 19-411 R.ncn Road ÜIhednI City. cA-m:M 1~ N.stiònwide UION&3131 in ûBfomia 'D-JU«IJS Local I ....hua....~~ ¡-l . , I . . , . , .' ~.. ,;: :-JI!' . I: :. "'.". . " . . .' ., . .' .~'...~ "," " :'. '-". . IWCI[ ~'. . xmo:> OÍI -.p nod 'iIOIt-a . . . .' SpC) .(zpun"1 PW~.~ 'fUIRI '~..cSJôIIINII· '. 'OOd UMO'~ 'PI'" 'PW"- ~...- "IS . . . ,¡', .~puII~ . JO ......... RIP..... ~timro ~ p..:e ODd '~,,",. aiml ÌJMO t¡¡ \ItM tpe;i '1JõIIUõÓ ~ ~ OM.L . , . "'.~ :I\WIIIO~£tn,. .... ... ''ynaa.,¡ ::n:n~jw.'~T~'nf_ ·~aJ..~.. -~'u~':':'~ . ,,': ~ ';, ,'." '~.,,~tfr:.. . . . ...............~_.:.:b.~~t..·'~d:..U\ ._ '''''''~~1-,-'A.4..~;~__':-;W''fII'''"~~""" ._""""".''''''''''''' ~".'~"~"''''.'''''~'''...,. "..'.,,,-_........~"-_..~'" ,~.,...,... ~..,.,.,,,,..,..-.__.- I I I I I I I I I I ,I I I I I I I I I 128 11 MEMORANDUM IN OPPOSITION TO REZONING REQUEST BY OUTDOOR RESORTS OF AMERICA INTRODUCTION Pebblebrooke Lakes Limited Partnership files this memorandum as a supplement to its presentation of testimony anù evidence in opposition to Petition 94-7( I). The purpose of this Memorandum is to bring to the attention of the Board certain proceduraJ errors in the Petition and the process by which this Petition was brought to this Commission. Outdoor ResOl1S of America (hereinafter "Outdoor Resorts") has petitioned to rczone the Laurelwood PUD to change the pemlitted use from residential to a TfR V use in order to develop a motor coach park. 1. THE APPLICATION FOR PUBLIC HEARING WAS NOT FILED IN ACCORDANCE WITH THE REQUIREMENTS OF THE LOC AND THE APPLICATION FOR PUBLIC HEARING A rezoning petition is initiated by the filing of an Application for Public Hearing (herei.....Iafter "Application"). A copy of the Application (Attachment A), with annotations in the fonn of "notes" to assist the reader in the discussion that follows is attached hereto. The Application was filed by Outdoor Resorts which identifies itself in Question 1 of the Application as the Owner (Att. A, Notes 1,5 and 7) and also as a contract purchaser (AU. A, Notes 4 and 6). Howf:ver; Outdoor Resorts did not identify itself as an O\\!I1cr in Question I (d), and did not supply the name of the owner (Att. ~ Note 3). In fact, Outdoor Resorts is not the owner. The property is owned by (M-en Ward, Trustee, under a deed dated February 15, 1996, a copy of which is att.ached (Attachment B). The name of the owner does not appear in dlC Application nor does it appear in the revised PUD, under the heading "Properly Ownership". Thus we have an Application for rezoning which fails to identify the owner, filed by a person other than the owner, with no consent signed by the owner authorizing the applicant to apply for the rezoning. A. !;IQn-Compliancc with LQC The Petition violates the requirements of the LDC which provides in Section 2.7.2.2.5 that "Info pt:rson shall propose an amendment for the rezoning of property (except as agent or attorney for an owner) which lie does not own. " [Emphasis NAP: 4813: 1 .~'~''''--,_.._.. ! "I ,I ,I 'I 'I ~I ;'1 ;:1 I .1 I I ,J I 'I S :~I "--,,.,----- 128 1 supplied]. By the clear lünguage of th~ LDC these requirements are mandatory and compliance is required. B. Non-Com~'¡¡~~~..AvPli~tion Requirements The Application requires an applicant to provide certain information with regard to the identity of the applicant. Specifically, the Application requires the applicant to state the type of legal entity (i.e. trUst,' corporation. partnership, etc.), and to identi tY the individuals who wiH be benefitted by the requested action. In the case of corporations (other than public corJ'orntions), this requires identification of the officers and major shareholders. Outdoor Resorts, which is not a public corporation, identifies itself as a corporation (Ápp. A, Note 2) but düe.s not provide the required identification of officers and shareholders. The Application also requires &n Affidavit (An. A, Note 7) to be signed by the owner of the property testifying to the truth, completeness, and accuracy of the Application. In this Affidavit, the affiant fiJrther agrees that the Application must be complete and accurate before a public h€oring can be am'n1ised. [Emphasis suppliedJ. This Application is both inaccurate ß...l1d incomplete. It fails to identitY the owner, inaccürately identifies a contract purchaser as the o'\.'mer and fails to provide required infonnation about the applicant. The Application places responsibility for an accurate and complete submission on the applicant, and the consequences of an applicant's failure are set forth in tlJe Affidavit. There can be no public hearing advertised untii these requirements are met. Therefore, <illY advertising done or public heario.gs held in the absence of a complete and accurate application are void. Accordingly, PetitÍon 94-7(1) must be denied. These requirement') are not mere legal technicalities. The identity of the parties to be benefitted by a zoning action is essential to public confidence in tlle zoning process. The authorization by th~ owner is essential to ensure that the covenants of the PUD are enforceable againsl: tl1e Q'¡'\l1er, since zoning runs with the land. II. TIlE PETfnON WAS NOT CONSIDERED IN ACCORD.'\NCE WITH THE REQUllŒMENTS OF' THE LDC LDC Seçtion 2.7.2.5 provides that the report of the Collier County Planning Commission ("CCPC") tù the Board ofCoumy Commissioners shall show that the Planning NAI>:4~10:1 2 ~".-.,..-----;- -..".'"-....-....-"'..,-,.,---......, "-..-,.........-.---">..'", I I I I I I I' I I I I I I I I I I I I 128 1 Commission has considered certain criteria set forth in that section. when applicable. In the case of this Petition, t.1ere was no consideration of the criteria or findings by the CCPC. In fact~ the StatfReport stalcs that: "Slaflis of the opinion thai the requiredfindingsfor standard and PUD reZOItcs do not apply in recognition of the fact that when the property was initially re:zoned [1994], the decision to approve the subject PUD was based upon a preponderance of evidence... which supported the required findings for PlJD rezoning actions." [Emphasis supplied]. The minutes of the CCPC meeting for Petition 94-7( 1) on August 2 i, 1997 (Attachment C) show that the required criteria a..'1d findings were not considered. for this, rezoning request, nOi is there any discussion as to why criteria t.1at were not considered were deemed inapplicable. The fact that these criteria were examined in 1994 for the establishment of a residential PUD is irrelevant to a 1997 request to establish a commercial use. The lack of findings in this case renders this Petition fatally defective. This is not merely a minor PUD amendment which is formatted as a POO to POO rezoning, it is a complete change of use, from residential to commercial. CONCLUSIONS Petition 94-7( I) fails to meet the requirements set forth in the LDC, and the CCPC report fails to show consideration of, or findings with respect to, crucial factors in a Petition of this type. Therefore, Petition 94-7(1) should be denied. Respectfully submitted, 1k&~ DONALD A. ICK WORTII, Esq. Attorney for Pebbkbrooke Lakes Limited Partnership 58}l Pelican Bay Boulevard, Suite 2 J 0 Napies, Florida 34 I 08 NAP,4~18,1 3 ,"4_"_~__," ".""_~__.._..""_ -",."".--",,,,,,,,-,,_.,-_...,.,,..,-,,,~.,,,,,,.--_..~--_._- 'I' ~ 'ir. I ,I I ,I I I I 2. I ,on '1 r~ I I "J 1. 128 .1 \ - ,-, ,- .r'" :7'" .. \1~ Q ~ t"4 A III~' ~ :~ II ,~ ~ it )....... ""t"... z,..., L . P U D 9 4 ... 7 (1)!I J~~ 0 1 1897 PETITION l'iUì\-æSe...\þ.I~~ ~\.~~ ...-... DATE ' APPLICATION FOR PUBLIC HEARING FOR PUD AlvŒND~/ŒNTIDO Al\1ENDl'vŒN"T COMMUNITY DEVELOPlvŒNT DMSrON PLANNING SER VrCES Name of Applica.m(s) Applic3.I1t's Mailing Address Outdoor R~sorts of America ~400 Crestm!)or Road City Nashvili<: __ State -.TI::L_ Zip 37215 J AppLica.."lt's Telephone Nwnber: _ 61 ~-244-~211__. Is, the app!i~t t~e owner of the subjeçt property? --Ã-- Yes ____ (a) --A-fb) __ (c) ___ (d) - (-:) _No If applicant is a land !ru51, so indiQte and name ~ndicia.ries below. If applicant is corporation other than a public corporation, so indica.te and Dame officers and major stockholders below. If applicant is a PattIlcrsbip, limited partner-.1bjp or other business entity, so in.dicate and name p'rincipals be!ow. If applic..-mt is an owner, indicate exactly as recorded, a.r¡d list 311 oilier owners, jf any. If appli("~t is a lessee, attach copy of lease, and indicate actual ownas if not iodicaœd on the le~. -_X_ (f; If applicant is a contract purch~r, a/:taI:h copy of contract. and indicatl: actual ownCT(s) name and address below. RmJLH.~nçh.'t2Qn...W.d~9.rtLQf..Arnerica. 25.QQS..¡~d. NashviIt~. T~nn~s~ .mu 2. Iftinim.v~ FinD. __ Narne of Agent_. .--8xbara H. Cawlev. Ale.£. City ..Ji8.Vles Agc:nt's Mailing Address _ 3200 B~il~J Me. Suitt 20!'.L Wilson. Miller. B~QD & Peek, Iflc State . R Zip 34105 Agent's Telephone Nwnber: (941) ~9~ ArrACJlMi:N/ A ". \ ;1 I I ,I ,I I I I J I I I I I I :,1 J ,. 7. 8. 9. 6. 1 28 1 3. pcm Ordinance and Nwnber: La~¡wood f{IT), OrdirliW~e # 94-63 4. D~tailed j~ga1 d~ription of the property covered by the app~C3.tion (if 5pa~ i.s in.1dequate. attach on s~parate page; if reqtreSt involve:! change tomorc than one zoning dìs!ricr, include sepa.'";lte legal description for property involved in ~~ dis~ri<:t; if property is odd-shaped. $"ubmit five (~copies ~f ~{~y; ¡ If ~ 400' ~e)._'__:_~ '~~ ":..:..',: , _ , , . The applicant is ~DSlòje fof' supplying the: cOm'.Ct leg~ description.' If quc:stio~.s aris.~ concerning the !~gal description., an engÏr¡.eer':> certification sà.1l1 be rcqui~d. ~.. . S~tion 27_ To\vnship 4~ South Range 26 E~ 1k.l~Jl..d~tion is 'in t.1e ~~~~t ,.. . -.' . 5. Addre:;s or location of subject property: .Ihc-PI'Qiect is ¡oc;u~ on the south side ~f ImmokaI~RQad fCR 84Qt.~YLmil'-3st of t.h~on of CR ~lJ <u1d LmmQbk~ Does property owner own contiguol!S property to th~ subject property? If so. give comple~ legal åescriptiolJ of entire contiguous property. (Ii space is inadequate, attach on separate page.) - No TyPe of Amendment: -...1L- A. POD Document Language Amendment --1'-_ 13. PUD Master Plan Amendment __c. ~elùp.::n~t Order Language P..mcudment Does amendment comply Ylirh the comprehensive plan: x Yes _No If no, explain: Has ¿I, public bearing been held on this prop--'"I1y within the last year? If so, in whose name? ---& Petition Nwnber: __ Date: '~ ~. .'. '. ~... _P~~.__. _.-...-...~---~ ... 0 If,':! ~ / 9 i m: 15: S:I f.\.t 9.u 6 ~ 3 5 i lti ;1' ~ I I I I tv o-rr3- ~ I ~þ""z 7 I I I I I I I I I I I I ...-.r.. "'''~AIIC 10. 128 ~oo~ 1 Has any portion of the Pù'D b~en x sold and/or developed? Arc.my changC3 proposed for the: are3 sold ar.dlor dc:vc:lopcd? If yes, describe. (Atbcb. addirional shet.1.s if necessary.) Tne: Dctition~ i!; rbe: D'm:b.~'\"er of the e;¡ti~ PI m AFFlDA VTr -"... .... I, Kandell Hrnd~n Outdoor RC:Sðrn of Arneria., being first duly :swom, depose and.say that r am the owner of the propeI1)' desczibed herein and which is the subjet,:t matter of the: proposo:! hearing; tbs.t all the IUJ.SWe:'S to the qt:escions in this appHcatioD, and all sketches, data, and otht:t S'..lpplemcntuy matter attacbed to and made II. part of this application. ar: honest and true to the best of my knowledge and belief. r understand this application must be complete and ac\:uT'3.te before a bearing (;3Q be adverti:ìed.'i I furth~ permit the uD£h:rsign~ to act as U1Y rc~ta.tiY': in any matter.! /'qšarding thi3 Pe:CÌtion. :Z/L(~v/~ Si¡:carore of OWner fùndqil Henderson ~a~/~ li~ of A¡ent -.. Ba.--b2ra H. Cawley, AICP STATE OF FLORIDA COUNTY Of' COLLIER The foregQing Application was ¡cknowi~ged before me this ..aI:.~y of -:s \Jco.. "!"\ ~ .. 1997, by -- ~I tkadc.r.ron I v.ho is pcrsonaJly known to me or who bas produced 3.5 idcutifi~on IDd wh1J did (did not) take an oath. "H..It ""r, ,\",~ N Po "'" ~''^.... ... · · .. :-0 A"'"'" ~-~.. .~~ "01 e .. ':0 I · HC:1'rMY -II!. :. .. . - ... DI~.".._ j-...~. : . .... .:' . "" ..... 1'.~. ! ~ . ',: ;r.\J~... ~ ~.. . ...if: .~ -'Ai " .. ....-- ...... "Cr~~·..~. ...... ""'~~ cOU.' ,-;..,¡l' ---...'...11..'·· .~-",,,,,,,,,.....~Wft,, -111~, ~_. .f..-1ììI. --""..,.- '-".._-"-...~--~, . "'-"f": 1,' ':~__:_':U' ,', (Signaturc of No tar)' Public) ~""'- ~CJ~~ ~'\~~ E.....~~<;.-~\-~ -----.........,.--- .U1uJ"TF: 'S riES TRACT ~""H''''""_.",,,,_ -................. I [I : 'j i! 1 ~~ 7' J : f· 2-;-' -.aar '-> \ - It> _ OOOOOQOlSl0200(17 an- " 17<: Warranty Deed 'flta l"dor.r¡:It~. Mode 11110 I r- ~ 0( ~~ ~. Wa~d, indlytdu~11y And SEF "','" . .=.- . , 1~:02 No.C02 P.02 . ~ ~023862 OR: 2149 PG; 1131 u~øn 1& ontCLU IPIÞI ,L CIIUm crIITT. 1\ 1l/1!1t\ .t II:ZW Mm I. u=. c:¡,¡a Be m n.1i 1aC-.I. .,. " ,J IfU: .JUt I 11:11UaI III WCJU ar u It! 101 WIt It m:1 F'eOr\l.l.CY. I'''' .,0 , 1«1 C::-":8teii. IJ«w.era 04"'(~-.", COl.L¡1!:K . _... Flori~ ,~. _ ~n M. wa:n:l, ':'nut..., a4 T:-J.tee. ur.der chat cc·:ta1n Dec:larHlon of Land 'i':'1.IH ,data<! a. o~ ^uqullt 1. 1:1S9." -_...~¡¡6 97th Avenue Wore.". NJ,I"LZS, FlorIda 33t&J "''''<:-.''' C~l.t.¡;:R _It P'lorIdl .¡r1IIIIC.œ. WltDeDJ!lh -... l"oCI.Ut'i'CIII.,...... 10__.,..... 0/ _ . . _ _ _ < _ < < - - - - - . - - - TRN ~ ~/100($ÀO.~0 < < . . . _ _ _ . . ~~ wo1 - ,.... "'" .- -._. c;Nf1'!) io - ..... "I- 0&..0.Itra. ....... _ II '"'"' __ ",\-<4... ....~ ....--.... - ........ CUH'f'a .... """...",.., _. _ _ _. ... ~ __ -. _. ..... - ..... .... c_" COLLr2R _ '" F1orid,¡¡ .."' The !..C 1/2 of th« ~orchw.~t 1/.. Sðccton J7. Town~hi? 4ð South. R~~¡e )6 E~.t, 18e. Chð ~or~h lOa fðet tor pU~De. ot road right 0' ~.y. Subject t~ reetr1cclo~.. rece~ation. ~nd ....øeMt. of record. i l &rI)'. and C".,tosa "'lbactq'Jol'lt: co 1 US. ... :." .';' 'S.lid Tn..toc ehall h.v~ !1111 :>O'oIOr ~ authority to protect, eonaarve. and to .ell, or to leta.., or co eßcu.ber. or othor- wl~. to m.naqo And dispose of tho raal p~rty d.acribed hð~in pursuant to the provie1oøu of Floriða Statutee .~tlon 6U.O.,1. '. Ow4r. ~. ~ard, the gr~ntor. doe" hareby certify that h~ currancly roaid6& .~ 204 Bay Point, Horth Mapl.., 11ørlda. thet nolth4r ha noT.' ~i8 !~/1Illy lI.a /!Iv.r rð-..Ided upon t~e abo"..c!~.cribed proper< ty and th~t thð AbGv~·deøorlb4d pro~rty õ~. not nvw and h.. n~v.r i~ th~ pAdt constituted his hoœ48t..d. (continuQ~ on ~~90 JI WId., ,........ ~.Irir:'~., ~ ............... II .... ~_ ..... _iI ...~ .. w-....... ~ C'tII_ .,..,.,.... ............. III wtn- Wbc-eoY. ... .,._ ... "'""_... "" ~...,"....., _ ,..' ""' _ _ :II...... _ -t oI":I~......, ¡. ..... """..,.,..., , o...rd.Lt"_~.)f .~_ p;q;;'ted Ma",~-::¡¡¡,Nt,~ WltneoG ~ <~~&.. ;-;:;?;{~;a;.",. ; " I}hld_ WItnU8 --;;r-- S7AT!: C... f'loric1a COVN"tV OF C'olUcr 1'\w '-',.... ............... wM ......w#fIII ..."',.. ... _" Oven H. WI! d III. ir. ,.rteIU."f, ':~...,....",.,....... h.,....~..h !"1 0"( 1 del ,"'-. ~II'I ""r-f'IÞId It,· ~'-","- ~ ---..,-~.. JIll __ ..., """ _ * A-rfÆc)lA1~Alr B a"'1:f..-6-_h.:h.~ ."",", Owen M. nard, .. Tru.tco , v,"'_ IN.,...._ -. """...1:1, 1'1. ,..., '. " '. - ,""" f f~~ .... 0{ p.orullry . 1'!l6 ... clr~l!~r' \I Ii < ,-;7J ;"l"'in~ ..nrAAV ~~ 110(, (.....þ.... ......... f '.Þf"~ ¡ toO'.......-..c:ffAlllat __. ~NQ~ -.-.. . . WAJI " ----""""·"'"'..-....····,,-'"-,·"",,.....,"~"-,__.__.~...~c'" ~~W~Er.·$ HBSiRACT ID:9l11ï7J:?627 SEP :::::197 IJ:09 No.002 P.03 4. w- 81M>- - II --,. .. _I ,. , ttt OR: 2149 PC: 1132 ttt Warnlnty O~."d . 1":190 ~, Upon t~e de~th or ln~~otency, of Owen M. ~ard. or hiD t'e!lignllt '~n óJlI Tt'uQte~, o"Iurr.ty Mt.'Cl.aL'1 'hall b~com. the Succ.ugor Tru~cee wich ðll (h~ power' Get Cor~h herein. ":>\lbj..ct. ':"0 That Certain Mortgagc LxoC'Jted By Owen 1'1. ¡(..rd, TruOC¢e To R""'''.ll Ao'"'..n.. "nd John W, Str!Cl:l"l'\d. A. :::atet: ehe l.t. 0:1)' of AU')UQt. a89 Ar.d Recorded Aug\let ). 19a9 in Orf~~lal Record~ no~k 1459, lit Page 18S), aa record.d in the PUOll~ Record~ of CollJer County, Florid.t, ae~urina the sum of $306,]83,35 SubJect to chat cert..!n norcgllge executed by RUlloll "obert.a. a I\\IIrr11!d A'l4n ..nd .fO~n Ii, StriCkland, /I marri.d III.I.n to JQhn G, Uarria. dAted April 1. 1968 ~nd recorded April 15. Baa !n Of!icIal 1I..:ord. 11001.. lJ42, at PD!Jd 1012, of the I>ublic R~:cordl! ot Coll1e:- County, Florida, :¡ec\lr1n9 t~e pri~cip..l aum of S.90.e7S.OO. :'ubje~t to ~h~t C·~tain Kort9~gft exe~~t.d by Owen M. Ward, T~~.~.. to a.nQV1~~ð M. L~ch, Tru.c.. 4Aced thft 1,t day of ~U~øt 1>ð1, ar.d r«~ord.d ^uquet ), 1989 in Offiei~l Records BooÍ< 14!;9, .at Page 1I8!! cl tho P\\bl1c Record. ot P;:¡d. County. Plð~id.. =.curlng the .~~ ot $797.271.S0. _.B·".... ...-------..---..-,... ,..-....,.-----..,.-_.._~.,-..., I I I I I I I I I "\ I~ I I I I I I I I I , " 1 August 21, 1997 don't have a problem with the request for adding this use to the PUI:ì. CHAIRYl.A.N DJ\VIS: Any other questions? (No response.) CHAIRMAN DAVIS: Thank you, Mr. Killen. Anyone else to speak on this petition today? (No response.) CP~I~~ DAVIS: Seeing none, I'll close the public hearing. CO~1ISSIONER YORK: Mr. Chairman, r would __ CH.ìURMAN DAVIS: Mr. York. COMMISSIONER YOP~: I would move that we forÑard PUD-91-1(1) to the Board of County Commissioners with a recommendation for approval. COMMISSIONER OATES: Second. CHAIRMAN DAVIS: Motion by Mr. York. seconded by Mr. Oates. ~.r. York, the petitioner didn't have a proble!:1 wi th the addicional stipulation of no outdoor music. Would you mind adding that? COMMISSIO~~R YORK: Add that stipulation that no outdoor music be allowed. CHAI~~ DAVIS: Okay. Any discussion on the motion? (No response.) CHAIRMfu~ DAVIS: All those in favor, signify by saying aye. Opposed? (No response.) CFAIRM.:r..N DAVIS: Carries unanimously. 'Thank yo u . Mr. York asked to leave us. Next up, PUD-94-7(1). Mr. Bellows. I'd ask all those present who may testify on this petition to please stand, raise your right hand so that you may be sworn. CO~JSSrO{~ THOMAS: One, two, three, four, five, six, seven, eight, nine. (The speakers were sworn.) CHAIRH..~ DAVIS: Mr. Bellows. !1R. BELLOWS: For the record, Ray Bellows, representing Petition PUD-'94-7. Barbara Cawley of Wilson Miller. COMMISSIONER THOMAS: I had discussion with Barbara Cawley on this one also. COK~ISSIONER OATES: So did I. COl'%MISSIONER BRUET: Yes, Mr. Chairman, also. MR. BELLOWS: Petitioner's requesting a rezone from PUD to PUD for the pUrposes of amending the Laurelwood PUD and master plan. 'rhey're going to çhange the name to Ou tdoor Resorts of Naples, 'rhe Motorcoach Country Club PUD, amendi.ng the ownership, deleting all residential dwelling types ~~d replacing them with motorcoach recreational vehicle units as a parmitted use and replacing the permitted 465 maximum number of residential units with 488 motorcoach lots and revising the master plan accordingly. The current PUD is approved for 465 dwelling units results in six units per acre. The Board of County Co~~issioners at that time Page 53 A rrAc, H J;t E AI T . .u___~.__ ".,~_.._.._~,..._-"~,_........,.....---,...._.._---_., I I I I I I I I I I' I I I I I I I I I 128 1 ';uçust .., , ~..l , 1,J<,)- - - ~ I approved that two unit inçr~ase over the base èe~sity. The petitioner now states that the dem~'¿ for ~pscale ~otorcoach developments bas risen and this area is de~~ed a desirable a:ea for motorcoach units. As a result, the petitioner proposes to modify the PL~ document and master plan to replace the 46S residential units with the motorcoach lots on the 48 six-acre tract. The proposed Pú~ will also provide 15 acres of golf cou:se and clubhouse fad,li ty. The revised PUD also is designed around 11.69 acres of lakes and 4.43 acres of buffer. As you can see on the zoning map, the property is adjacent to the Richland PtJ""D. which is approved at five u:Ü ts per acre and also .:..s app:t'oved for commercial uses at the carne.::-. To the west is vacant agricultural land and two lots eve.::- is the Gulf Coast High School that's currently under construction. To the south is vacant agricultural land. And to the north is Imrnokalee Roaå and some C-3 zo~ing and ag.::-icultural zoning in the small rural subdivision. Future land use element indicates tha: the 6.63 motorcoach recreational units is consistent with the Growth Manage..rnent Plan which dictates or that the L~,d Development Code density provided for TTRVC would pertain, which allows for 12 TTRVC lots per acre. So, therefore, they're way under that requirement. As I also previously stated, the currently approved PtJ~'s approved thä.t six residential units per acre and they could qualify up to seven being in the density band, so they're also consistent with that if you w~re using the residential density band of rating syst~~. The traffic impact statement indicates that the proposed amendment will generate 2,648 trips because of TTRVC units under the trip generation manual. That was basically 650 trips less per day than the currently approved Plm would generate. Immokalee Road is currently operating at level of Service B and there's a planned improvement for that segment. Since th~ proposed rnotorcoach development is deemed a nonre.sidentia: use in the Growth Management Plan, the Growth Hanagement Plan requires that all travel trailer developments meet the criteria. Basically, the criteria is have a direct access to an arterial road, as it does an Imrnokalee Road. The proposed density is consistent with the density rating system or the TTRVC district, which it is, and that it also be compatible with the adjacent uses. Now, the -- as I previously stat.ed, there is a -- the Richland PUD, which is a residential development, approved the five u~its per acre. It also has 150,000 square feet of con~ercial uses, which is a nonresidential use. There's also the Crysta.l Lake RV Resort within a mi.le of this development, would set a precedent for RV type vehicles in this area. The pe~itione~ is also proposing a 1S-foot wide buffer strip and opaque w~ll to help screen the property on the east, west, south sides and a 20-foot wide buffer with landscaping and a wall to create a Page 54 I" I I I I I I I I -~ I' I I I I I I I I I 128 1 August 21, 1997 visual screen to prevent adjacent properties and/or to give units within this development their privacy. Therefore, based on these buffers and the fact that there is a precedent setting RV -'0 TTRVC development within the area and the commercial component to Richland, the school nearby to the west. staff has deemed this project to be consistent -- or compatible with adjacent areas. The only other thing staff had a concern about was the actual number of units and due to the size and nature of the recr.::ational vehicles, staff felt that they should be limited to six units per acre, which is consistent to their already approved number of six units per acre. Therefore, staff is recommending that the Planning Commission aDProv€'~ this petition subject to that density be limited to six unit:s per acre and all other stipulations that have been incorporated into the PUD docwoent. CHAIRMAN DAVIS: Hr. Thomas. C0M11ISSIONER THOMAS: Ques tion. In our code, do we have a definition of a motorcoach and, if so, what is it? MR. BELLOWS: I don't believe it actually spells out what a motorcoach is, no. CHAIRMAN DAVIS: Other questions of staff? COMMISSIONER THOMAS: Wait, wait, wait, wait, wait. CHAIRJ.'P.N DAVIS: Yeah. MR. MULH.ERE: A question? MR. BELLOWS: No, there isn't. That's correct. There isn't. COMMISSIONER THOMAS: Okay. So -- but you make reference a n~er of times to a motorcoach. MR. BEL.LOWS: Yes. CO~lliŒSSIO~~ THOMAS: That this be a motorcoach park, a motorcoach community. But what do we -- I know what a -_ I think, a motorcod.'.:h is. Is there going to be any restrictions or do there have to be __ MR. MULHERE: No, not from our perspective, although I think the there were deed restrictions that the -- or something in the PUD? Okay. There are restrictions within the PUD. C!ßIR~~ DAVIS: I mean, theY're big and expensive. COMMISSIONER THOMAS: Is there a definition in the PUD? CHAIP~~ DAVIS: Before we go on, in the way of disclosures, I also briefly discussed this with Mrs. Cawley on the phone and I am in receipt of a copy of a lette=' sent to Mr. Bellows from a Mr. Kenneth Saundry. MR. BELLOWS: Ye~~. I'd just like to point out I did receive in all four letters in opposition, one from Joanna Glasselwood (phonetic). She's a property owner to the immediate west, through here. One from George tverner. He owns 22 acres in the southwest corner of IIaffiokalee Road, 951 portion, the commercial portion of ~he Richland PUD. He's also opposed. The Sa~dry Associates, they're opposed per Richland, and an attorney representing Seminis Incorporation. They own 38 acres Page 55 ....-..--.,. ............-".--.". ,"_.."..".,-", ...."..,,~-,,",..._-, '---......._--~--~_..----....._'..._..--,-.._- -~-_.._---_...,_..._----- - --..-,---..- I I I I I I I I I '\ " I I I I I I I I I 128 1 .::\.uçus t. .,. -...., 100- ~ - I loca~ed within 300 feet of the proposed development. CHÞ.IP~ DAVIS: Okay. Petitioner? MS. CAWLEY: Good morninç, commissioners. Barbara Cawley representing Outdoor Resor~s of America with this petition. We '""ould like to say that we'~re worked very well 'Ñith the staff on this and would like to agree with the staff report. We understar.d that as part of this staff report, that they are asking for a reduction of density from 5.3 units per acre, which we ha're reçuest:.ed do'/JU to six units an acre. ~ld although we -- we believe that that is a substantial reduction of de.:1sity based on the type of use we're asking for, we ,áll concur with that.. I just war.ted to get that on the record to start with. And we will build six motorcoach lots basically per acre in here. If -- if -- if you're not familiar wi.th Outdoor Resorts of Amer.ica, it's a national company. It has resorts in Hilton Head and Palm Desert in Tennessee. It has one out on Chokoloskee, currently have been in Collier County for many, many years. It's a very well respected company. And has chosen Naples to be one of the sites for what it calls its Ritz Carlton of outdoor resorts. This project will be specifically designed for motorcoach use only. And for those of you who may not be familiar wit.h exactly the types of units th~t we're talking about here, I have some __ some pictures that will sort of give you an idea of what this t}~e -_ this resort will look like. This is -- these are pictures from allover the country. The project currently is zoned for a residential. As residential, of course, you know that it's going to be using tremendous amounts of water and sewer and electricity. .~ a motorcoach resort, this -- the impacts associated with the project will be subst~~tially reduced. Traffic particularly is going co be reduced 20 percent at a minimum. There will be no residents allo...,ed en the siee long -- so the,re will be no school children, therefore, there will be no impacts to the schools. This property is an agricultural field currently, growing potatoes, so there's no enviro~~ental impacts associated with this. To point out a little bit what our desi~n is, to give you a better idea of what we're pl~~ing on doing out there, you're familiar with th~ location of the property on Immokalee Road. It's about a about three-~~arters of a mile west of 951. Crystal Lake is about the same dista.nce south on 951. The prope~ty is 78 acres approximately. We're planning on having internal lots for the motor(;oaches, a par three golf course, which will be the first one in Collier County. first motorcoach resort in Collier County to have wi amenity such as a golf course, a clubhouse. There will be pool structures on each corner of the property, which will allow the residents to recreate and look out over the golf course, wi th spas and saun.'lS and those types of things. We'll have our entry road with a decel lane, a gate house. This will be a gated community, private roads, the ability for the vehicles Page 56 --'''". -"""""~-'- "....-""~,--. -...- I I I I I I I I I "t, f' I I I I I I I I I 128 1 AUgU3t :1, ,L997 to come off of the road to park to get out of the t=a~fic. T~ere will be a check-in spot as well as a gate house. In total, there are about seven structures on the proge:ty, o~rmanent structures. The remainãer will be a park like setti~g w~:n heaV'.i landscaping as you could see from the pictures that you see there, ël well designed median and buffer strip in here because we wa~:: to look good. That's the primary p1.1rpose of this is to att:ract t::e t~~es at uni:s that you're seeing in the:re and those people want to ha,ve a Vf2r;r attr'active fac:ility to corne to. It's a very low intensity facility. The staff recog:1ized tl1ac it would be compatible with the adjacent property owners. There's no noise, there's no -- there's no ~~ything half a: t::e year basically because the:re's a six-month limitation in the Pú~ that there will be no -- you c~~ot remain in this facility for longer than six months and that is within the POD document. We are going to be putting a wall all the way around and one of the things we'd like to discuss at some point with the staff, and I haven't don~ this yet, is we'd like to increase that to an eight-foot wall along the two -- the three sides instead of a six-foct wall a~d we would be cha~ging that in our PUD. We ìvould also have a wall along I~okalee Road but not just along In~okalee Road. We will have a wall that also follows the entrJ drive, so as you drive on Irnmokalee Road. all you will see is the heavy landscapíng berm with the ~/all on top and a clubhouse. The=e will be no vehicles visible from Immokalee Road at all. And that's -- that really goes two ways. That goes beca~se these folks don't want to look at Irnmokalee Road as well as try to keep it visually attractive from Immokalee Road as well. In terms of the definition of rnotorcoac:h COHMISSIONER 'I'HOHAS: I found it. 1-15. CAW1.ÆY: You fou..'1d it in there. That definition is a definition straight from the motorcoach industry. And this is something that we are very proud of and is something that we want in this document because we want to limit the tJ~es of units that can locate in this project to those types of units that you see there. There will be no park models. There will be no third wheele:s. 'rher.e. would be no camping. These will be lots that will be sold to individual owners with a pad and they will be monitored and maintained by Outdoor Resorts of America, check-in facilities and keeping track of the timing. Now, if there's a problem with somebody wanting to stay longe:r, it will not be the homeowner who come out there and say, you must leave because, you ~~ow, they're best friends or something. This is Outdoor Resorts of America that's doing this. They do this all ove: the country and, therefore, there will be strict controls on how these lots are used. Anå if, in fact, they can't get someone to leave, it will be a zoning violation and they'll have to be cited for that. We believe that we have complied with all of the rules and Page 57 ^"''''--_.."<t ,,- TOO ·_1......-_.__.__________.. .."..--""..-.. I I I I I I I I I ~ I; I I I I I I ,I I I 128 1 August. 21. 1997 regulations. We're consistent with the Gr.owth Management Plan. W¿ are consistent with the zoning code. We are compatible with the adjacent property ot~ers, we believe. We will be buffering heavily along all our borders, not cr.ly wi.:::..r. the wall but we will be vegetating. A.nd once you put in a -- a buffer screen along all the sides, you won't even kno~' that this project is there. It will be very, very compac:ible. One of the other things that we've ..- that we are going to be doing, this whole area is in what they call the Harvey Easin ~n te~ of drainage. And ...,hen this proj act was originally approved, it was allowe¿ to drain north across I~nokalee Road into the canal to go out the Cocohatchee. That is no longer the case. We now have to drain to the south and that goes- through Island Walk and they were all upgraded. All their facilities are upgraded to accept the water from this entire Hi3.r'J'ey Bas i.r. canal. Along our south easement or south property line, we a.:-e agreeir..g to a 30-£00t wide drainage easement. This is not something that we need. vIe ca.n have an outfall righ1: here and get into the Harvey Basin. This is to allow for drainage of the Richlar.¿ PUD and othe.:- PtJD's to the ea.st of us. It's a benefit to the adjacent property owners. That, in fact, we don't really have to do but we have agree.ã to do that 3Q-foot drainage easement. All in all, we believe that we are going to be a benefit to the community. It will be a beautiful facility and we'll make Naples a world class facility in terms of the motorcoach industry, and we ask fer your approval. Any questions? CfL'\IRNAN DAVIS: Yes, l1iss Cawley. In reading what a motorcoach ~s MS. CAW~EY: Yes. C}~I~~ DAVIS: it talks about Class A and Class C MS. CAw··LEY: Yes. C&\I?.M,":I,N DAVIS: with a minimum length of 24 feet. That would include then, I take it, the 24 to 26-foot mini motor homes? MS. CAw'LEY: I'm going to let Mr. Henderson, Randall Henderson, who is the president of Outdoor Resorts, a~swer that question since he is so much more familiar with the rnotorcoaches. CHA.I~~¡ DAVIS: Please? MR. H&~~ERSON: My name is Randall Henderson. I'm president of Outdoor Resorts of &~erica and, yes, your inquiry regarding the Class C's Councry Coach and Beaver and the others have started because, as people get older, they can't drive the larger rigs as they once did, so they're making some really high quality what we call Class C or more often now the mini motor homes, but in fact that are 24 or 25. I thought it was 25 feet. I think we literally intended to put it to 25, would include the Class C or what used to be referred to as a mini motor home. Yes. CHAI&~~ DAVIS: That's how long it's been since I owned one Page 58 'f...... T _...,,___.-.___"__o.,.....,_,....,""_~,~_..,'"__~'" ~"---",-",- I :'1 ,I 'I I I I 'I I ì I I I I I I I I I >' --....,....,--.-,..-,.,,.,, 128 1 August 21., 199Î so Mr. Nelson. COMMISSIONER NELSON: Could I ask Mr. Henderson one more question? MR. HENDERSON: Yes, sir. COI1MISSIONER NELSON: And again, you've probably obviously thought of this and figured it into it, but I've noticed that many people driving these motor homes are towing a car now because they don't want to get around to~~ in a car (sic). Have you adequately addressed that on these things? MR. HENDERSON: Yes, sir, we have. We are -- we're designing all the sites so they're double wide, if you would, because you have two things: One, they do tow cars Inore often than not; and, two, as ~~yone else visiting a resort community, they alsc have visitors from time to time. So, you r.eally do need a -- an additional parking space on the site i.tself so we designed the pads throughout as double wide which gives them a place for their O~~ automobile in front of their rig and it alsc· lets them -- if a gìlest does come by, they've got an additional parking 3pace in front of their patio. COMMISSIONER ~~LSON; And I have just one last qJestion. I now see also that motor homes have sides that slide out and I wondered, you know, what's going to be the limit on that'? MR. !~ERSON: I think -- I hope they've reached the limit. They've now gone to 45 feet of length. I think that's the limit legally. They nûw have got slide outs as well. The motor -.. the travel trailers do, too, but the motor homes have slide outs up to about 32 iuches. Just push a button and they gc out and 'Arhat it really does is enlarge the living room and the bedroom generally. Mld what we've done to trJ to accomm.odate that change in the industry is we've Ii".ade our pads much wider because we require that they have those things completely over the cement, otherwise it would interfere with our ability to maintain the grounds. We have -- everything is irrigated ~~d landscaped and if someone could just pull in a.nd push a button and extend out over the grass, the riding mower or push mowers would make it more difficult to maintain the grounds. CHAI~~ DAVIS: Any other questions? (No response.) CHAIRMAN DAVIS: Thank you. Next speaker. MR. SAUNDRY: Good morning. My name is Kenneth Saundry. We're the owners of the residential area in the Richland PUD adjacent to this property. And I did send a letter to Mr. Davis' office. It is my letter that Yüu looked at there. We object to this request to allow this use in the adjoining PUD. The comments made by the representatives here that this is compatible with surrounding property owners and in keeping with the area, I think, is a judgmen~ and our judgment is that it's not. There has been coming to my attention representations that the appliç~lts have spoken to the county commissioners in Brevard County Page 59 ...""'--"...'....."'...."'...-- "'<Ir_1U ..........·t -,..."._;~--~.._.._- I I I I I I I I I I~ I I I I I I I I I 128 1 .:\t;,gust 21, 1997 and have told them that the surroundi~g property owr.ers have bee~ consulted and that they dièn't have a problem with this, that's __ that's not a true statement whatsoever. COMMISSIONER OATES: Pardon me. But you said Brevard County. Was that -- MR. SAm~RY: I'm sorry. I lived iTI certainly appreciate you correcting that. here. Old habits are hard to break. I'm resident of Brevard County. I wculd say that those statements are not true. They're not false. The only time I ever have seen this design whatsoever was a third ha.nd fax tÌlat came to my office f=-om an owner of anot:her. This land that's spoken about is vacant agricultural land, including our land that's vacant, about to break ground, are not in favor of this. We think it is not in keeping with the area. In the matter of densities, this is being developed right up next to the maximum density. In the Richland Ft@, adjoi~iTIg this property to the east, our m~<im~~ density would have been j~st shy of six uni:s per acre. We're -- we have a plan en file. We're about to break ground ~n -- within two, three weeks at c:.h=ee units per acre. We're doing a quality gated deed restricted community with a direction to be affordable to families. And this is f~~ilies that live here in Collie!' County. The co~ments about 150,000 square feet of comme=cial in Richl~~d PUD is -- that might have been somebody's drawing but there's no more land there to acconmodate more than 51,000 square feet of comme=cial there and when we did our plan, we made sure to buffer that commercial with a 38'-acre preserve so it is not going to be detrimental and none of our people are going to look at the back of a commercial development. We've taken great care with ours. The idea that -- that there's increased demand for motorcoaches, there may be increased d~~~d but it's not people in Collier County that are demanding it. It's not your citizens that elected you to this board. We don't think that -_ CO~fISSIONER OATES: We're not elected. MR. SAUNDRY: ,Yes, sir. Appointed. Thank you, Mr. Oates. Our opinion is we don't think it's compatible with our surrounding use. We have several million dollars invested in our ground. We're about to break ground on a quality lower density, half the density that's allowed in Collier County, and we don't think it's compatible for our homeowners to look out their back door and see rnotorcoaches all down the western side of our development And I wanted to take this opportunity to address the Planning Commission. If you have any ~~estions, I'll be glad to answer them. CO~1ISSIONER THOMAS: Okay. But you're the Richl~~d PUD, right? MR. SA~~RY: Yes, sir, that's correct. CHAI~AN DAVIS: The residential portion of it. COMMISSIONER nIOMAS: Excuse me. Right up the street from the Crystal Lake. Brevard County. I would We're i~ Collier County sorry. I've been a 20-yea= Page 60 .".t _.. "'___"'-.'_"00 '-_~..____..__^"'~_,,_._,.. -,,,,.. ---......_~ I" I MR. SAtlliDRY: It's across the street. I COMHISSIONER THOMAS: Yeah. Okay. CHAIRMAN DAVIS: And you did say yours -- your plans -- you're three units per acre. I MR. SAUNDRY: Yes. CHAIRMAN DAVIS: k1d it's a -- it will be a gated community. MR. SAUNDRY: Yes. We're doing a gated deed restricted comrnur.ity adjacent to this property and we're about to break ground and we took II great pains. As I said, we're developing at much lower density thar. · is allowed and it's my understa~ding that that's Collier County's direction not to develop at maximum densities but to t=y to be I moderate. Especially when I bought the property next door, when we looked into it, we cook great pains to research and look at what was plaI"..ned I to this property ~~d it was residential PUD with low to medium density type development. This is at the eleventh hour. I find an RV park going next door. a. on that property. I would not have 81 going to be the adjoining neighbor. C&\IRMAN DAVIS; Your -- your gated community of the residential I portion of the Richland PUD is about -- is how many acres? MR. SAUNDRY: A b.1..lI1dred. '\ CHAIRMAN DAVIS: A hundred acres. I MR. SAUNDRY: Yes. It's 98, just shy of a hundred. And it's ' it's been submitted to Collier County as Pebble Brook Lakes. That's the name under which it's been reviewed. I CHAIRMAN DAVIS; Any other questions? COHMTSSIONER BRUET: Yeah. CHAIR..'1AN DAVIS: Mr. Bruet. COMMISSIO~~R BRUET: Mr. ChairIT~, I'm very familiar with Ken's I project that he's going to have next door. It's going to be a very nice community, as he says, kind of an ent~r level home and all, but, Ken, with -- with the landscape buffer, a block wall all the way I around all four sides and some improvements they're making for your __ for your drainage system, this doesn't get you a little more comfortable with who your neighbors will be? MR. SAm~RY: Well, with a -- you ~'ow, as in anything, the I wishes of Collier County are going to be the wishes of Collier County and we would do our best to be a compatible neighbor with whoever is next door to us. I'm making my wishes and opinions known now. I My problem becomes if people build two-story homes in Pebble Brook Lakes and there's -- and I can't -- I don't control where somebody builds a one or a two, but I don't want to have a whole __ I àown tha whole western side of my property that no builders are going to want to build a two-story home there because they're going to be looking down in the back of motorcoaches. The design of this project might be fine as a motorcoach resort I but it was designed fer the resort, not with the adjoining property I owners in mind. I I 128 1 .r..ugus t 21, 1. 9 9 7 I'm about to break ground and now I would not have gone to contract purchased it had I known that was p.age 61 ,.0.-,'"" _.. ..--........-.;..... I I I I I I I I I ì I I I I I I I I I 128 i August 21.., 199Î Our people would all look at the cack of motorcoaches down th¿ whole eastern side of t~eir property. COMMISSIONER BRu~T: But you don't think that -- COMMISSIONER THOMAS: You're going to have the same problent '~en you look out to your east because you've got a mobile home -- that is 'a mobile home or RV park at Crystal Lake. But I think the kind of buffering that you see along Crystal Lake is the kind of buffe~ing you're going to get at this property and -- and -- and you might not even know what's on the other side. MR. SAUNDRY: Well, Crystal Lake, I think there's a big difference as Crystal Lake relates to my project as this one does. Cr~stal Lake is all the way across 951 and then those homes don't start for another several hundred feet behind their entrance. I don't even think if somebody stood on the roof in their two-story home in Pebble Brook Lakes they'd be able to see the units in Crystal Lake. And it was there. I mean, it was already there. I saw it. I knew where it was. This wasn't here and I didn't have an opportunity to know this would be here until I've gone through t·....o years of permitting. I've spent two and a half million dollars on property and I'm about to put three million dollars' worth of amenities and infrast=ucture into my property and this comes up. This is my only opportunity to make my- wishes expressed. I don't think from what I read in the paper and from what I hear around town that the mood of Collier County has been for maximum density development. And I think that these units -- this type of development is much more compatible out near 1-75 or in a more rural area than this one. This is -- this is a development corridor of Collier County here. By the way, I will mention that my planners and engineers I've designed to have a mile long bike path at my expense built all the way from my entrance on Immokalee Road all the way to those schools to get the children to the elementary and the high school. And I'm building a gate through the school board's fence under the junior high right where they want it so my children can safely get to school out of that subdivision. It's pretty hard for kids to get around rnotorcoaches coming in and out of that entrance there. CHAIRMAN DAVIS: Thank you. MR. SAUNDRY: Thank you. CHAIRMAN DAVIS: Next speaker. MR. WHITE: My name is Jo~~ White and I'm also -- I'm an attorney but I also have a company and we have a building entity. And we have a commitment to buy a substantial number of lots from Ken in his new su.....:xiivision. ~1d I personally am very concerned about ~. RV park going in next door. With the -- with the way this RV park has been site planned, the units themselves will be backed up to the edge of the property. And --. and there may be a fence to be -- there's going to be a wall Page 62 "'<1"__.-... I I I I I I I I I r I I I I I I I I I 12t1 1 Augus::. 21,1997 constructed there? How tall is that wall going co be? MS. CAWLEY: Eight feet. MR. ~1ITE: All right. .~¡d how long of a how large 0: d. landscape buffer is there plaru1ed? MS. CAWLEY: Fifteen feet. MR. WHITE: Fifteen feet of lanèscape buffer? Well, bu~ and -- and so, the -- the actual location 0: those RV's are going to be less than 20 feet from the rear of the homes that we're going to be constructing in the subdivision. And-- COW1ISSIONER THO~~S: I do~'t -- I have a real problem with that, the numbers you just gave me because you're going to have a rear yard setback, today a rear yard setback that's -- that's -- that's going to make it more than 20 feet. MR. WrlITE: I don'~ think so. I think our lots are going to be -- there may be a 20-foot setback, but if we got -- if there is a __ if there's a IS-foot lanàscaped buffer and -- and then -- and then 20 feet from the back of our house, but our backyards are going to be up to the edge of their property, then -- then their units are going to be 15 feet away from the back edge of our property and people are out enjoying our backyards, then because of the nature of RV vehicles, the air conditioners are going co be r~~ing, those air conditioners are substantially louder th~~ the air conditioning units on a residential home. It's going to -- it's really going co create a burden to something that's very unreasonable to those homes that are backed up. This -- this plan seems to be site planned more to maximize its density th~~ to make it compatible with the adjacent properties. It would seem to me if their goal was make the property compatible, that they could have looped the road with -- or looped their project with an exterior road and then develop their -- their pad locations on the interior -- on the other side of that loop road. &~d that would add some additional difference and create a little additional compatibility for the adjacent property owners. In ocher words, if there was an exterior loop road that would then have no RV's on the exterior of that road, that would be between their interior road and the interior permanent border of their property and that would sure make it a whole lot more compatible with the homeowners on the adjacent of that property. I think we've had letters here that indicate that all of the property o~~ers that are contiguous to this piece of property have objected to ~his plan. And it would seem to me that if this commission or if this board would see fit to approve this kind of a plan" that it could .impose a condition to loop that road and provide some additional buffering to the properties. Is that something that would be compatible with your __ MR. HENDERSON: I would like to address some of your concerns. CHAIRMAN DAVIS: We'll wait -- we'll wait and have the comlilents at the podium -- MR. WHITE: All right. CHAIRMAN DAVIS: -- and he can respond to your question at the Page 63 -...-, I I I I I I I I I ì I I I I I I I I I 128 1 August 21, 199ï podium. MR. WHITE: That's all I have, thanks. CHAIRMA.~ DAVIS: Thank you. COMMISSIONER BRUET: Could we clarify one thing though. Mr. -- C~_IRMAN DAVIS: Yeah. Please. COMMISSIONER BRUET: Fr.om the staff. If they -- if a residential development took place there, they could put seven units pe~ acre in? Is that correct? MR. BELLOWS: Six. It's approved for six currently. CHAI~1 DAVIS: So, the density of the motorcoaches and the density of homes is the sarne. MR. BELLOWS: Yes. CHAIRMAN DAVIS: Thank you. MR. BELLOWS: But I'd like to qualify the point -- COMMISSIONER BRUET: You -- you -- it says here that the maximum density for this area would be seven rC5idential unitø. MR. BELLOWS: Poasibly, yes. COMMISSIONER BRUET: Right. Well, that'S what I asked. To the maxim~~ if a re~idential community were there, they could put ~even units per. acre in. MR. MULHERE:: No, they couldn't. They can only put six. MR. BELLOWS: Th~y're currently approved for six -- MR. l1ULHERE: Excuse me. Thanks. Under the density rating systdm, they could ask for up to seven units per acre. COMMISSIONER BRUET: MR. MULHERE: Okay. but what they're approved COMMISSIONER BRUET: seven. CHAIRMAN DAVIS: That's-- COHMISSIONER THOMAS: No, no. This is a PUD amendment. The existing PUD is approvad for six. COMMISSIONER BRUET: All right. All right. I see it. I see what you're saying. Okay. MR. WHITE: And on~ additional comment is we're planning on constructing a number of two-story units. That's going to be part of our building Dlan. Again, we'r~ trying to construct An affordable home to a start-up community ðnd -- and we can create more value with these two-story homes. On that aecond ~tory, we're going to be overlooking a sea of uged truckD and-- and that's pretty much the bottom line to it. And it's just difficult to nell that kind of a concept to a residential owner buying into a subdivision, so -- CHAIRMAN DAVIS: Do you have any -- could you tell me what your proposed -- excuse IDe. You're in the -- up here. What sort of price range are your -- are you in? HR. WHITE: We're in the high one hundreds to low two hundreds. COMMISSIONER THOMAS: Say it again. Okay. They could for, six. All right. qualify for seven -- up to seven, But they could have asked for Page 64 I I I I I I I I I "\ r I I I I I I - I I 12B 1-'" August 21, 199ï MR. WHITE: The high and we'll go into the low COMMISSIONER THOMAS: homes. MR. WHITE: I beg your pardon? COMMISSIONER THOMAS: And yo~ further stated it's starter hemes. Þffi. WHITE: Starter home on the north side of town and a gated community. CHAIRMAN DAVIS: I've been looking and -- I've been looking and, sadly, he's right, although I disagree. MR. WrlITE: I agree it's a sad commenta=y b~t the -_ it's pretty one hundreds, starting at probably $175.000 $200,000 price range for our homes. And then the further statement is sta=~e= sad. CHAIRMAN DAVIS: Yes, it is. CO~rISSIONER THOMAS: I'm sorry, M=. Chairman. o~ that note, I've got to leave. I've just got to go. CHAIRMAN DAVIS: Mr. Thoma5 is departing. Yes, sir. Did you have something to add? If you could, restate your name for the record. MR. SAUNDRY: My name is Kenneth Saund-ry once again. I just wanted to say Mr. White's is not the only company building in Pebble Brook Lakes and the other builders are speaking about starting their homes in the range of. one fifty ranging to two hundred. It is even more afforãable th~l the one seventy-five to two and a quarter. People have different choices. C}~IRK~ DAVIS: My starter home more years ago than I'd like to mention was twenty-seven eight but __ COMMISSIONER OATES: My starter home was 16,500. CHAlffi1AN DAVIS: You're a lot older than me. COMl'1:ISSIONER OATES: Yeah, I know. C}~IRMAN DAVIS: Yes, ma'a~. MS. BISHOP: My name is Karen Bishop. I represent the owner and I was a potential home buyer in here, also. r w~Áteã to clear up a couple of the items concerning the water management specifically. We currently already have our South Florida Water Manag~~ent permit. We will not be draining to the east through their property. We drain directly to the south, through the school's property. So, their ditch really will have no impact on our current drainage as it stands. Let's see. What else? One of the things that as a potential buyer in there that I was concerned with, and I'nl not going to rehash everything they all said because it's kind of redund~Át, but for me, I have three children that would be going to one of those high schools or to those schools and, you know, theoretically, on bicycles. And I'm concerned about the maneuverability and the visual ability of these people to see these kids since they're not -- they're not permanent residents. If it \'v'as a residenti.al home next door, they would be possibly would be a part of the children going to school. are just coming on vacation, they may not be aware of that aware and Since they and tha t Page 65 I I I I I I I I I . . I: I I I I I I I I I 128 1 ;.ugust 21. 199ï movement through our -- through our neighborhood, I think, could be somewhat of a detriment for the kids. CHAIR~Vlli DAVIS: Okay. ~~yone else to speak? Yes, sir. MR. HUFF: For the record, my name is Dean Huff. I'm with Coldwell Banker, a commercial company. I'm representing the Seminis Seed Company, formerly known as the Asgrow Seed Company. 'I'hey're very upset about this. They -- they have a contract working on it at this point for upgrade homes. residential homes, single-family homes. And although this has been explained as a beautiful par.k and I've been in those parks and I really appreciate them, but people my age still call them a mobile home park. And back home they call them just a mobile home or a bus, mobile bus with ....¡heels on them, mobile home, you know. And pretty soon it's just another mobile park. And they'll say, where do you live? Next to the mobile park. Well, nobody wants to hear that. I think 951 is a good barrier for mobile home parks in Collier County. Again, I've been i~ several of these. These people presented this nicely but I really believe that these -- this is a detriment to the area. I hope you can see it that way. Thank you. CF~IRMAN DAVIS: Anyone else to speak on this petition? (No response.) CHAIRþf..AN DAVIS: closing? MS. CAWLEY: Yes. I have a couple of things. I appreciated the comments of the adjacent property owners. One of the comments by ~x. Saundry, which I found interesting, as to the density issue about having six units an acre allowed in Richland as well as six units an acre allowed in Laurelwood, which is this PUD currently. Under the units an acre. much less when facilities. So, Collier County has recognized that there's no reason to keep the densities for motorcoach and residential the same. We are half the density that's allowed under the code. We are half the motorcoach code. We are -- we are so far now reducing density with six units of motorcoach, it's not even e~~ivalent to six units of residential in terms of any kind of impact association. Concerns about the two-story homes. The buffers that will be built along the bO~làaries of this property will shield any -- any problems with the homes. They've already got pine trees all long their -- their boundary. Those can stay. Those probably should stay because they're native vegetation. They're very tall. We will be putting in ficus ~~d other types of vegetation that grow up tall. There are ways to solve that problem and those will be solved by us because we Wë~t to be good neighbors. We don't -- this is a company that doesn't go into a place and -- and create problems. They Does the petitioner have anything to add in zoning code, a motor home resort would be allowed 12 And the reason for that is because the impacts are so you look at the -- the water, sewer, traffic, school Page 66 .--,.,-----", I I I I I I I I I ., lø~ I I I I I I I ; I I 12~ 1 August ~l., 1.99'7 try to create a great amenity for the citi~ens as well as for people who come here and spend a lot of money. Tl1ey may not be per:nanent residents but they come to ou= community and they bring in a lot of money to the restaurants, to the shopping centers. So, they are -- they are of benefit to the community just like the people who go down to the beach and stay in the condos. It's the same type of idea or into the Ritz Carlton and scay there. The drainage issue, we had a meeting with John Boldt who is the, as you know, the manager of Collier County's drainage and facilities. And he explained to us that that 30-foot easement was requi::::ed in order to help the Richland PUD. If that's not the case, we are happy not to have to give it if -- if we can get by with that. That would be fine with us. But we would -- we were trying to be good neighbors based on our conversations with Mr. Boldt. And for the school children, these folks are not out at school times. This is -- they don't -- these folks are primarily retired folks or vacationers. They aren't out to run over school children as they're walking by their property. That's just absolute ludicrous. These people are going -- are fine citizens who are going to be coming to our community. And, basically, I can't find anything that creates an incompatibility. That is allowed under your Growth Management Plan_ It's a perfectly logical use for this property and it will be well buffered and maintained with adjacent properties. Finally, we did meet with Master Craft Homes and I want to bring -- put that on the record. These are -- these are -- this is the group that's building to our east, it's our understanding. And they have indicated that they are in support of the project. We are going to be getting a letter from them. MR. HENDERSON: To the east. That's me. MS. CAWLEY: I'm sorry. I'm sorry. To the west. I'm getting my east and west mixed up. To the west. To the west. .And they have indicated that they are in support. And they will be writing a letter if not showing up in support of the project. And Mr. Hende=son would also like to address -- C~~IRMAN DAVIS: One point, Miss Cawley. MS. CAWLEY: Yes. CHAIRMAN DAVIS: You'd mentioned before about increasing the wall height to eight feet? MS. CAWLEY: Yes. We would like to do that. That's something that we would request to do. ÇHAI~~ DAVIS: Okay. And, also, I think -- and M=. Hende::::son can comment on this -- an increase to 25 feet in the minim~~ length from 24? MR. HENDERSON: Yes. That would be fine. That probably is a typo. CHAIRMAN DAVIS: Any other questions? (No response.) CHAlffiiAN DAVIS: Thank you. And, Mr. He~derson, did you have Page 67 -- I I I I I I I I I ~) r I I I I I I I I I 12ö 1 .;t.:gust 21, 199ï something to add? MR. HENDERSON: The gentleman was asking about the IS-feet ot.::fer zone between the wall and then he mentioned the fact that the recreational vehicles or the motor homes actually would be witbin 15 feet of the wall. That's not the case. That IS the rear end of the lot. That's where the lot line joins the buffer line. The pad on which the vehicle actually is parked is about ten foot forÑard of that, so we're talking about in the neighborhood of a 25-foot distance between the motor home, the rear of the motor home and the -- the wall itself. The other thing we -- we'd like to do is, certainly, we don't want to create a problem. We want to see their development done. They hope they get the commercial activity up there. It would be the closest proximity to our facility. We don't plan any commercial facilities and we're willing to meet Mr. Saundry more than halfway in adding the vegetation to that borderline that would enable us to effectively screen it. CHt'I~J DAVIS: Okay. Thank you, Mr. Henderson. MR. HENDERSON: Yes, sir. CHAIP~~ DAVIS: I'll close the COMMISSIOrœR OATES: Mr. Chairman, I to the Board of County CQmmissioners with the stipulation, I guess. Could we do this now, Marjorie? eight feet tall? MS. S1~ENT: Yes. COMMISSIONER OATES: As a stipulation? MS. STú~ENT: As a stipulation and a change in PUD, yes, you may. COMHI S S lONER OATES: '¡'hanks. COMMISSIONER BUDD: Second. CHAI~~ DAVIS: Motion by Mr. Oates to recommend approval, seconded -- MR. BELLO'iJS: Does that also include the __ CHAI~ßN DAVIS: by Mr. Budd. We'll clarify that and with the stipulation I asked Mr. Henderson about for __ COMMISSIONER OATES: Oh, yeah. The 24 and five feet. I'm sorr)'. CliAI~JU~ DAVIS: So, with those two stipulations, is there a discussion on that motion? COI1MISSIONER BRUET: That's an eight-foot wall and a 24-foot height and vegetation; is that correct? CHAIRMAN DAVIS: No. ~Ñenty-four -- five feet on the length of the ..- under the definition of a motorcoach. COMMISSIONER BRUET: Oh, okay. CHAIRMAN DAVIS: You mentioned it was -- actually should be 25. COMMISSIONER BRUET: I understand. CP~IRMAN THOMAS: And an increase in the height of the wall to eight feet. COMMISSIONER BRUET: Eight feet. MS. CAWLEY: On three sides. CHAIRMAN DAVIS: Yes. public hearing. Motion? move we submit PUD-94-7(1) subject to the stipulations Can we suggest that the wall be Page 68 -.....---- I I I- -'I I I I I I '\ I I I I I I I I I I 128 1 August 21, 1997 Any -- any more discussion on the motion? (No response.) CHAIFl1AN DA VI S : Opposed? (No response.) CHAIRMAN DAVIS: Carries unanimously. PUD -- excuse me. Yes. PUD-97-6. Mr. Nino. (A recess was had.) CHAI&~ DAVIS: Mr. Bruet's back in the room so we'll call the meeting back to order and we'll ask -- I'll ask that any people present today that are going to speak on this petition to please stand, raise your right hand so the court reporter may ~wear you in. (The speakers were sworn.) CHAIRMAN DAVIS: Mr. Nino. MR. NINO: Yes. Ron Nino for the record. PUD-- COMMISSIONER OATES: Mr. Chairman, for the record, I had a conversation with ~~. pires relative to this petition. COMMISSIONER BRUET: Mr. C:b..ainnan, I had the same. One of my conversatio~s was with Mr. Duane. CHAIRMAN DAVIS: All right. MR. Nn¡O: The petition that's before you would a3k you recommend rezoning 9.089 acres of land at the southeast 41 and Tamiami Trail North and Wiggins Pass Road from A and C-2 to PUD. Currently, the most southerly three acres of the property in question is zoned C-2 and the northern portion, approximately six acres, is zoned agricultural. The land along the Tamiami Trail or U.S. 41 north and south of the subject property is zoned C-2 on the south and C-4 on the north. As you all know, this property lies opposite the Germain Automotive complex. This entire intersection is an activity center which is basically a po lie}" statement that says we anticipate commercial development at some point in the future. To the east of the s\wject property, we have mobile home parks, both on the south and the east and the north in part of the subject property. You all should appreciate that wiggins Pass Road is a private road and was built by the Krehling cement products people and is extremely h~avily used with cement trucks and aggregate material. Inasmuch as this property is part of an activity center, obviously an application to rezone the property to a commercial PUD is consistent with the future land use element. With respect to traffic impacts and consisten~J with the traffic circulation element, technically this PUD will not generate traffic in excess of five percent of loss C¡ however, as we point out in the staff report, u.S. 41 is operating at a deficient level of service. Currently, it's operating at a loss F and -- however, it's widening to six lanes -- is scheduled by FDOT for the year 1999 and inasmuch as it's within that appropriate window, it is technically consistent with the future land use element. All those in favor, signify by saying aye. to corner of U.S. ag'ricul turaL Page 69 "'...,--_._..._...._",._~----_. I I I :1 :1 I I I I I I I I I I I I "I I VANASSE & DAYLOR, LLP ~ . 'I . ~\ r f"1 ~[',) Planners . Landscape Architects . Civil Engineers . Environmental Scientists Land Use and Compatibility Analysis Summary of Testimony PUD 94-7(1) Laurelwood September 23, 1997 Prepared for: Mr. Ken Saundry Pebble Brooke Lakes. Limited Partnership Prepared by: Mitch Hutchcraft. ASlA, AlCP VICe President, Planning and Landscape Architecture Vanasse & DayIor. LLP PE6BLEBROOKE LAKES EXHIBIT 2 8270 CQllege Parkway, Suite 205, Fort Myers, Florida 33919 . Telephone 941-437-4601 . Fax 941-437-4636 I I I I !'I I I I 'I I I I I I I ···'1 I '1 'I DDfB 1 V~L\NASSE & I) AYLOR, LLP Planners . Landscape Architects . Civil Engjne~rs . EnvironOlenlal Scienlists Mitchel A. Hutchcraft, AICP, ASLA Vice President Planning and Landscape Architecture ~ Bachelor of landscape Architecture University of Florida, 1988 With Honors Master of Urban and Regional Pianning University of Florida, 1990 1997 - Profes~lonal EXDf!nenC~ 1996-1997 1991-1995 1990-1991 Vice President, Planning and Landscape Architecture Vanasse & Daylo~ LLP Fort Myers, Florida Senior Planner/Landscape Architect BoK'Yer-Singleton & Associates Orlando, Florida Vice President Flon"da 1....300 Planning, Inc. Fort Myers, Florida Senior Planner Wi/50n !1iller Barton & Peek Fort Myers, Florida f!rofessional MembersfJ~ American Society of landsr..ape Architecture American Planning AssocIation Florida Planning and Zoning Assoc.. Boards and Commltt~~ Local Planning Agency '95-'96, '97-'98 ClASAC Committee '97 - '98 Land Development Advisory Comm. '95-'96 Rea Istra ti£!Q landscape Architect, State of Flcrida (1498) American Institute cf Certified Planners SDedal ~ognltJon CertifICate of Merit (1989) American SocIety of Landscape Architecture Certificate of Appreciation (1994) Leadership Lee County, Youth Conn«tion Certificate of Appreciation (1994) Leadership L~ County werlençe Mr. Hutchcraft has over eight years of experience In the areas of project management, compre- hensive pl.iJnning, site planning, landscape architecture and expert witness testimony. He has put these skills to use on a wide variety of public, private, and recreational proja..1:s. His experience includes roles in both public and private sectors, and covers areas in North, Central and Southwest Florida. Rgp...r.esentative EXDe~ Commercial: E..rrJim; ~ Baptist Church Master Plan, Rezoning Admiral LehIgh Rezoning, Master Plan Alico - Airport Comp. Plan Amendment Burkhardt Rezoning, Master Plan Daniels CI0 Rezoning, Master Plan Imp. Harbor Rezoning, Master Plan I.M.P.A.C. Master Plan, Landscape Arch. Zappa Property Rezoning, Master Plan Residential: f.æifl:çt. ~ Alico Master Site Plan, DR! Sufficiency Response, Landscape Architecture, Comprehensive Plan Bernwood Master Plan, Rezoning Carefree Rst Rezoning, Detail Site Plan, landscape Architecture Pre-Purchase study, Site Plan Preliminary Master Plan Rezoning, Master Plan RezonIng, Detail Site Plan PrelimInary Master Plan Density Study, Master Plan Preliminary Master Clarcona Colonial Farm lehigh Prop. Hampton Est. Parcel "tJ" Parker Lakes T and T L1ndscape Architecture: E!æJi:!;t; ~ Cape High CDmpus Landscape Plan Cross Cr~k Buffer Landscaping Sports Author. Development landscape Plan SunTrust Development landscape Plan Taco Bell Project landscape Plan The Shoppes landscape Plan Univ. Window Design Guidelines - ~Icated to ~ Quality and DesIgn . - 8270 College Parkway, Suire 205, Fort Myers, Florida 33919 . Telephone 941-437-4601 . Fax 941-437-4636 " I I I ~I I ,I I I I I I I I I I I I I I ~,'\\ r ~ :~' ~r.'-) Introduction: My name Is Mitch Hutchcraft, and I am Vice President of Planning and Landscape Architecture t()( Vanasse & Daylor, LLP. I am a Certified Planner and a Registered Landscape Architect, and I have attached a copy of my resume for your records, I have been retained on behalf of Mr. Ken Saundry and Pebble Brooke Lakes, Limited Partnership, for the purpose of analyzing the proposed rezoning on the l.aurelwood PUD to deterrnine the following items: · Is the proposed use compatible with the adjacent property and the surrounding land use pattern? Section 2,7.2.5(2), or will the approval of this Application result in an isolated district unrelated to surrounding districts. Section 2.7.2.5(3) LDC, · Are there changing conditions which would necessitate the approval of this app:ication, or can this property be utilized under the current zoning and land development regulations, Sections 2.7.2.5{5) and (13) LDC. · Are there more appropriate sites for the proposed use? Section 2,7.2.5(15) LDC, In preparing a response to these items, I have reviewed the following information: s The Collier County Future Land Use Map and Future Land Use Element o The generalized zoning for the adjacent properties, including the following PUDs: 1. Crystal Lake 2, Richland 3, Dove Point 4. The Woodlands 5, Longshore Lak'3 6, Quailll 7, Huntington 8. Laurelwood · Collier County Aerials · S!aff Report on PUD 94-7(1) Brief Ov-erview: [Refening to FlUMj The subject property, and all surrounding properties, is located in the Urban Residential land use category as demonstrated on the Collier County FLUM. (Exhibit A) There are Activity Centers on sith~r end of this segment of fmmokafee Road, with Residential Density Bands surrounding each activity Cf.mter. The subject property is not located in an activity center, but is located within a Residential Density Band, [Referring to Zoning Map] Similarly, the Immokalee Road Corrid()( is predominantly zoned for low density residential, as shown on the Generalized Zoning map, which is Exhibit 8, In a minute, I will come back and address this issue in a little more detail. Bu! more specífic311y, the request before us it to rezone a previously zoned, low density residential PUD to a non-residential Recreational Vehicle PUD, In order to approve this request, the Board needs to dotermine whether ()( not this Is an appropriate use in this location. 28 ........~":IAI.........flJ LI '-- .-- .,~ I I ,I I I I I 'I ,I I I I I I I I I I I \\ .' ~ ,T, J 28 1 In order to adequately answer this question, the following criteria should be met. Rezoning Criteria: 1. Is the proposed use compatible with the adjacent property and the surrounding land use pati.ørn? SectIon 2.7.2.5(2) and (3) of the Collier County Land Development Code (LDC). A. Zoning District Compatibility: The subject property is 78 acres, and Is currently zoned for single family residential uses, with a gross ílensiiy of 5,96 units per acrs. [Referring to Zoning Map] This property is located on Immokale9 Road, and this segment of roadway (running from Interstate 75 to C.R. 951) is typicaaya low density residentiai corridor, predominantly consisting of &tght residential PUDs and Estate zoning. The PUDs range in size from 78 acres to over 500 acres, with densities ranging from ,6 units per acrÐ (Quail Creek) to 5.96 units per acre (Laurelwood). Exhibit B, identifies eacll of the PUDs along this corridor, and is color coordinated 10 depict residential, commercial, and agriculturally zoned districts. [Referring to Chart and Zoning Map] A quick rÐview of the zoning will show the typical nature of this zoning: Table 1: PUD Summary 01lYUlOpnl1lnt Quail Creek Huntington Quail !I .. Longshore Lake The Woodlands' Heòla~ GreeOll Laurelwood Pebblebrook .. Acnl1 a54 acrÐs 120 acres Î 94 acres 320 acr"s 500 acres 251 aaes 78 ICIlI$ 150 acres Rnlde"tlal Dol\ tlty 0.60 units I*' aa e 5.43 units per acre 2.1-4 units per ðcr1! 1 .77 units P6I' acr8 2.28 unll3 per aae 2.11 units per acre 5,96 units per a<:re 5.07 units per aae APPN . 7/93 MM 6192 1/93 10100 2197 1 ?.J94 1:V97 Dev. $tJltlU Developed Unèer DøveIop, Daveloped Developed Not Buit-zoned Under DeY1tlop, Not Bult-zoned Not Built-zoned Conæins a Commerdal Compooent Conlains it Commercial and Multi-family c.omponent [Referring to Zoning Map] Almost an of the remaining property not zoned Residential PUD, is either zoned for Estate or Agricultural uses. Both of these districts are limited to low density residential uses (unless otherwise conditionally approved). Similarty, the GMPs (jesignation of Urban Residential, combined with the clustering of commercial activity through the Mixp.d Use Activity Centers, further directs this corridor towards a low-density residential use. Because of the list of uses pennitted within these zoning categories, and the goal ot the Activity Centers to concentrate all new commercial uses to major intersections, it is safe to assume that the remaining property is planned for, or being reserved for similar low-density residential uses, 1. ActMty Cent., Subdistrict (pt¡. LU-I-29) CoIl"" County GMP 'The mixed usa Activity Center concept Is designed to concentrate alfncst all new commercial zoning illlocotions where traffic Irnpact$ can re.ed/Iy be accommodated, to avoid stn'p and disorganized patterns of commercial development and to create fOCðI points within the community. " 2 --------_..-..--_..__.---~-~._' _.._~_...._. ~\ r ~[' " ': l ~L 1 28 1 As is identified in the staff report for PUD 97-7(1), a motorcoach (or Recreational Vehicle) use is NOT a residential use, In fact, recreational vehicles are typically treated as commercial uses. [R&ferrlng to Site Plan] In essence, what you are being asked, is to approve a non- residentially zoned PUD in an area completely surrounded by low-density residential zoning districts. I I I I I I In support of their recommendation, staff stated that the subject site abuts non-residential uses in the High Scheel to the west, a mixed use PUD that contains commercial uses to the east, and agriculturally zoned uses to the south, However, upon closer inspection, it is not accurate to portray these uses as adjacent or as non-residential. Let us first look at the agricuiturally zoned property, In Section 2,2,2 of the Land Development Code, the ONLY use Permitted by Right in an "A" zoning district is single-family dwelling. This district is clearly a residential district, and moreover, a low density residential districL Therefor it is not accurate to state that these are :Wo compatible non-residential districts. Secondly, let's review the School as an adjacent use, The subject project is actually separated from the school by almost Y. mile of agriculturally zoned property, which we have just shown is a residential use. Further, while the school itself does not contain any residential uses, it is a conditional use in almost every residential zoning district. TTRV uses are not Conditional uses in either the "AM or the "E" zoning districts, A school is a use that can be compatible with residential uses, and is not a use that can be used to demonstrate tt1at the proposed use is compatible with surrounding "non-residential districts." Finally, we need to review the adjacent mixed use rUD. While the Richland PUD does contain non-re~idential uses, they are not adjacent to the subject property. They are more than Y. of a mile east of the subject property's eastern boundary, In the intervening Y. mile are low density, single family units and open space. I I I I I I I I Based on this analysis, the proposed non-residential use does not abut any other non- residential use, other than Immokalee road to the north, In fact, the closest non-residential use ;s more than Y. mile away, and is located in the Mixed Use Activity Center atlmmokalee Road and CR 951. In essence this request is to approve a non-residential use in an area zoned for single family residential use. These are not compatible uses, and the approval of this request would result in an isolated zoning district, unrelated to adjacent and nearby districts, B. Land Use Compatibility: In ¿;ddressing compatibility between the actual adjacent land uses and the proposed RV lots, I would like to refer again to the overall site plan, Exhibit C. The first obvious issue is the location of approximately 40' x 70' lots next to 70' x 120' lots, Staff supports their recommendation by comparing the two uses on a "units" p~r acre basis. and concludes that 465 residential units are of equal intensity to 465 RV lots. However, this compatibility comparison is not a valid comparison. Even staff acknowledges in several sections of the Staff Report, that RV lots are non-residential units. and that RV lots are not subject to the same residential density rating system as conventional dwelling units. A second compatibility issue, which staff did not address. is the fact that RV lots can not be used for permanent residency. In essence, what are being compared are single family residential units against a transient, non-residential use, 3 ,-~-- I I I I I I I I I I I I I I ':\': i:·;:',rj In an effort to ameliorate the differences of intensity, the applicant proposes a 15' buffer and wall 1.0 provide a visual screen between the RV lots and the approved residential lots. Further the applicant is providing an "up-scale" amenity in an internally oriented "golf course", Any proposed buffer is purely an attempt to "pretty-up" two incompatible uses, The question shouldn't be "how big of a buffer do you need to make this incompatible use seem compatible"; the que&tion st10uld be ·what is an appropriate transition from one use to another: The proposed use is an incompatible use with the residential units in the currenUy approved Pebblebrooke lakes project, and the buffer is not an adequate transitional use. 128 1 Another significant issue of compatibility is that within % mile there is an elementary school, a middle school and a high school that is under construction. This isn't an issue of safety, but rather one of efficient use of infrastructure. The residents of this RV project will not be permanent residents, nor will they have students enrolled in these schools. Almost nowhere else does a community have the luxury of having residential developments within walking distant of all three tiers of public education, Here you have that opportunity, and you consume 78 acres with a use that will not utilize this very valuable infrastructure, I would submit that between the lack of compatibility between the RV lots and the approved residential uses In Pebblebrcoke Lakes, and the underutilized educational infrastructure, that this proposed use Is not compatible with the surrounding land uses. 2, Are there changing conditions which would necessitate the approval of this application? Section 2.7.2.5 (5) and (13) In reviewing the history of zoning changes along this corridor, as well as the progress of deveiopment. it does not appear that there are any changing conditions th::)t would neces$itate the approval of this application. All of the rezonings have received zoning approvals in the last 5 years, with development occurring in 5 of the 8 PUDs along this corrid()r, and development planr.ed in the immediate future in at least one of the remaining 3, The development pattern shows that the projects along 1-75 were first 10 receive zoning approval, and firs! to experience development activity. However, as population continues to grow, and (he older communities have fewar lots, the development opportunities appear to be continuing eastward along the Immokalee Road Corridor, Further, the on-going construction of Gulf Coast High School, as well as the existence of the Elementary' and Middle schools, further support the residential nature of the surrounding area, Staff states that the applicant is justifying the rezoning request on the "growing demand" for rnotorcoach lots, The presence or absence of a demand for motorcoach fats is irrelevant when it comes to ju:;tifying a change of conditions in this area. as required by Section 2,7,2,5 of the Land Development Code. There may be a demand for this type of lots, but the mere existence of the demand does not justify its location in this residential community, 3, Are there other mere suitable sites for the proposed use in districts already permitting such use? [Referring to Zoning Map] The GMP requires that all RV development meet three criteria in order to obtain approval. These criteria require direct access to an arterial road; densities as outlined in the TTRVC Zoning District: and that the use be compatible with surrounding uses, In reviewing these criteria, and the applicants desire to be in close proximity to an 1-75 interchange. it would seem that there are more appropriate locations, with more compatible uses in other areas of the county. Without a detailed analysis of the available properties, it would seem that areas in close proximity to the 1-75 Activity Centers at Imrnokalee Road and Pine Ridge Road may contain more appropria!e sites, 4 I I I I 'I I I I I I I I I I I I I I I '\:'f"¡[) Conclusion: 128 1 In conclusion, in order to find that this rezoning request should be approved, you must find the application adequately addresses the approval criteria listecf in Section 2.7.2.5 of the Land Development Code. These requirements state that: 1, The proposed rezoning wi( not result in an isolated zoning district. This is a PUD that will allow for non-residenlíal-transiont Recreational Vehicles in an area almost exclusively zoned (or low density residential, 2, That the proposed use is compatible with the surrounding land uses. Again, this is a PUD that will aI/ow for non-residential-transient RV lots, with a size of 40' x 70', /0 be located in an area with predominantly low-density residential units, and educational infrastructure to support those low-densfty residential units. The proposed lot area of the motorcoach homes is 1/3 of the size of the residenlíallots approved along Pebblebrook's western properly line. 3, TI18t there are changing conditions along this corridor that necessitate the approval of this application, The development occurring in Quail Creek Village, Quail Creek, and Longshore Lakes, combined with U'8 new and planned development activity at Heritage Greens and Pebblebrook, thore does not appear to be a decline in demand for low-density residential development. Furlh&r, tha continued investment in educational Infrastructure does not support the argument that there are changing conditions that would necessitate the approval of this application. In short, would submit that this rezoning request does not adequately address any of the abOVð Land Development Code requlremonts, and therefore should not be approved. 5 Ii I I I II OELNOP-W1GGINS " I S"'[ .[,.[.0.. ..[.. . I I I I I I I I I I I I I r~~- Future Land Use Map l i---- I I Outdoor Resorts of America JI i Prepared by. I Rezoning Application PUD 94-7(1_) I,__vanasse & Daylor, LLP I 9/23/9; I ~--,-----,---===--- - --_..,---~~" ."""""-" ------- 12B_l_ -l J ---- L[E INTY ~ .. ...- -~ - .. - ... - CL;'M PASS '." COUtH' PARK" , URBAN 90LDEN GATE ESTATES MiXED USE MIXED USE Li URBAN RESIDENTIAL [---1 RESI[IENTlAL MIXED USE ACTIVITY CENTER OVERLA YS AND SPECJAL FEATURES . ACTIVITY CENTER o RESIDENTIA,L DENSIT'T' BANDS Exhibit A --_._---- O,,·,~ ~. II ______U In-=-:~-",·" '<"', 'I ~B- .- }~j,-~w~:.;,-,.:. I ~ ~ I"'~"'" "':::::--.-- $J; ê? %~~!l¡" -t-:_'=;-"'J.~ __0 --:;:-.:- ------.. ~~"!:.:.~ I :;;~~ :'-¢'. ----:=.--;¡ --"-'. - ", . " I ij~" ~'__~I':::I-Î~\ll-rl, ~jll-'l .-ir' -~-.- ~z~o '¡ a~o¡ ~ \- --n L~L=~=~ -~~~~:-I-' ---, .---í l P ;to__ ,_ ___.1 .:::::?:::'L-~. --I ' I -- I \:. ,I I! ~ ,ð ,,,,.¡ ~! I:' 'It' I I I I! l' UWt::~~' (~¡-.,\ I" .uU-LJ;~_JJWll.lJJL_l I,Jl:W~ i ~I~ J,-'-:I \_, § :. 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"",;',;';- ~;;"Im "w"'T" ¡ !(~ I - f '/ SUBJEctr PROPERTY ".'( ..... ",...pt(';-·......(.."lC£ .".. , 1. :';j'L', PU\~'JNED UN! T DEVELOPMEÍ\¡ T .. PUD COMMERCIAL PUD Ir'JDUS TRI.^.L r~:)~'(: .. ..... ¡W""""") fJJi'\:. '.r.i.J.-. If'lCU:; TRIAL II CO¡,1MEF:( IA.L PUD Map --, Exhibit D OJ Outdoor Resorts of America Rezonii1g Application PUD 94-7(1) 9/23/97 crepared by: Vanasse & Dayler, LLP I L ...-.....-;... -_.~.,,~~..,-''''"'.,..,,''''-~~..__.-_. 128 1 ---...........---.--- ,~..,.....~'J...,,""~,_~,.,"'_..._~..,',._.."""".....__ " --"""-""""~",~"",",-,,,,,,,,,,.,,,,-,~-,,,,,,,,",,..,....~.,;--,,,",-,,,~---,,-...-..,"- "',~--'-_..,-"--.._..,--''''''_."'"'";''-_......._-_...- , . ._'''c.''''''_"'''·'..~''."··. ·---- . r r-'" '-")t-I' , ' -,:. " : ,,~. . .-, " ._-~--, "~'-;"''''''''~'""'''''''''-'._'''--'''- -- -.._.."'~..,.,-'... 128 1" GRANT, FRIDKIN & PEARSON, ~A ^TI'O~ AT lAw Q, HdeA AIÌI3II Todd t.. B:..tr.y . ilowerd L, Cn70ß . 0 MilcbKl A. Fddm.I I Jd'ln:y D. Pridkia ~ I Rict'.rd C. Or.! . nc- Q, NŒnrorttIy W'tIlWz; M.. ~ t ~ Ð.sy Curp.cwMe CaIIrc 5551 JlidccM.'Od Drin SooiIr: SO 1 N.epb. Aorida 34101 Td.('904I)SI"-IOOO Fu (941) 51.. -0377 I _c.-.. - ~ ""'--7 · _ c...AooI em¡ T.w -, · _c_ _ _......,. , _ Coni/W w.a.. Troa II _ -, · LL,N, (ho) o(fC_ September 23, ) 997 Board of County Commissioners Collier County Courthouse 3301 East Tarniami Trail Naples, FL 34112 Re: Rezone Petiticn - PUO 94-7(1) - Outdoor Resorts of America. Jnc. Dear Commissioners: Our law firm represents Owen M. Ward, as Trustee. Mr. Ward is the ov"TIer of the land that is the subject of the referenced petition. Mr. Ward supports the petition by Outdoor Resorts of America, Inc. and requests your apprO'\lal of it. The purpose of this letter is to bring to your attention infonnation that has a bearing on the strength of objections you may hear from Mr. Kenneth Saundry who is the owner, or the representatiw of the owner, of the land to the east of Mr. Ward's property. Mr. Saundry has previously asked Mr. Ward to grant an easement over his land for the purpose of a shared electric utility line. Mr. Ward has not been able to do so. · Attached is a copy of a .ettec that Mr. Sa.undry wrote to Mr. Warå dated July 23, 1997. Please note tho: remarks in paragmph 2 oì Mr. Saundry's letter wherein he advises Mr. Ward of his intention, and that of several other property owners in the area.. to speak against the ret\:renced petilion unless Mr. Ward grants the easement. A copy of an earlier Ictter lO Mr. Ward, dated June 17, 1997, wherein this request is made is also attached. Mr. Saundry has every right to oppose and object to the referenced application. However. as the attached letter demonstrates his objections might not have been raise'd had Mr. Ward been able to grant him the casement he requested. RCG/jw Endosu.res Very tmly yours, .... ~.. cc: Owen M. Ward, as TrLlstee OutdC'or Resorts of America, !nc, ßarbara H, Cawley R, Scott Price, Esq. -- , ". ........... ';"-- 'TI -;','-'97 WED, e¡:t\Ø IVI It.L .....: .l~ FiJI SAUNDay ASS.OCIATIS ..EALTY w,~JH7 Mr. ~ Wm 0.. k WanI~' .. J'* Ã...... No fit.,., n. UU..un 128 1~ k m. ~:.Jrq. ..t. , a. ""............., Vb f.. II ('UJ) .,.,. ... IJI MIIII (%....) DIaJt Hr~ \Y..,., 'nak,.. '" lOíìlr........ !II ~ I'Jcqbl, ~ tkie ~..... 'er 1\NO" ~ 1 m. au, )WII.,&IpIrt..... Mr. It'!!.,... ..... .... ~ .... å tl A&Nrisa. __ ..., de If( .... .. "'q1p"'4 .. .. ..... or 1IrWa ... If Ie -jet II ......,.., ØN)' .. J..' wUt .., II't ... Ii¡ "*...... .., ~ ~ G1I -~ ...... "1' It ... a"1i,7. "n.~....... ... ....It d - .. -1If. I - 1111m11611 aM ". k.... . ...... .. - '-'DC ill ,... In.... ~ 6wt, IMIjQIJu .Yew -bJeec ,"'.1) ,...,.. tedA ..... ......... ... en JINf"'~ .. .,.. ... vial ., dn..,...,. 8IIð .. .... YW)' ..... 'ot" ahut Ch ~ 01.. IV J*!c ... oar.... ~ .IJI~. fie......... It 1",IlOll1li. .~~ .. .... ...... - t; ""'I_ _....... II .. . .... _i~.. ~ii .. ~ -¡:-... ~~~~~ ;r~~'::.~.~= ~... ~ ÙM wûtt vtwJ ..,... ... ~"..... ~'IMcJIacr~~. _ _ ----- Mr. 'IN_ f .... .. )'\'11 Oil ", __ Ii rtWd 01 .u pro..., '0 WA ~... ~u.a... tWa INtI.. ft~u.... -"l1li-" .__~ Ie' qy ., Qe ~ ~a ~tnQ, ,.~ .. ... ........',. ,..... _ ....~ .. .. ~ · .. ~ -- øtJI 8ft aH ~. ae.raChe CIIIt _.. . '19fU ~.......... Wha J_r Ph'riou .....,..... ..... r..-c "... .. We ~. d!red .... Þ ..... tilt ..-"~J~d ..... .,.... ~-- - .cw .... .. '- ..... ~ tal ....... fit.... fa .... ~1~. :a~w......... ~ ,..&IIt~,.., -- us I!ut DrIft 01ìuUa' 11 · ~. I'IorIda 3290i . 407.~ . '"" -.01.1.""" .. ..........~ .. ~ ---...-..--------.-.- .- D!/3Dll'~ ð3:1e e13~'~4Z0 a..EJ-f fit 'oW'.D - .- .TtI -23-' 9"f !.it) laG: 41 : D: TEL "I) I ~ ~ .22" r"Ø2 .. - '.'. 128 1 o.e ..,""' 71JØ7 ,.1 ""IIIt)hI~.~~ I - ... appr...... IIIIat .t ~ ~ ., ...... ......... w... w.-..... ~ ...... ... ... Iii J.......t. ...., .... -.IH). .-.11 ,II. ""'" ~ ... "J.I~Aat All. ...... ...... '*~. . ._- .... '"M. Ynr~..__ to fila .....wII..~ Wllli4, d ~( _ . 8!J:::41 ... (J.o£N M w.ARD SA1JNDRY ASSOCIATF..S REALTY 1 '2B 1 ~ J~ac 17, J997 Mr. Owea Ward . '" t7tb ÂVRU NClrth Napla, FL 34108 Re: 8'ariq of 18 ft. WL aMID-it tat border Dear Owu, Ik:spite auy ccavuMdou _ nqlHlå fro. DIYMII aad .y adviMn, lact a pcnoa&! telepkoae caÞd aJHI CMvenadoa wkJa RucIaD HeadenoD at O.tcIoor Raortl of Amtr'iQ, I am IdIi wIdIout ,.ft, eouat to cooperate OD $e iIID' of . Wrod 1. It. WL nøaftt. L« .. .splúl"t die ..... cost to our project to nlD that UBe .a4er¡ro.ad wnW aa.s SM.IM, 10 tM ... wBI be daere .. oy tv..~ wbetMr it b 5 left to tM walt (aNted w6i1I YMr pro~) or 5 feet r.rdaer to tb~ .... I ~t tried to be. cooperative Mlpbor, ad ~ollld ItiII Uke to 1M. However, we 1ft rut ~ anaHIJru'" .. ..r dte ÛI JaIy, ... I un radted a pojDt .... 1 .. .. u;cwer .... ,... .. ....... 01 nconL Ai tIN "a. .pproscbeø "aa ,eMIr pnper1y will be ..bBútttd for a raoa.. neIIor t'~"" -.v-t'. ..L.._I. - L-J --- rL- __.L.-l L_ _..11 __ nu J--1.--1L..., I _ .....U'04I dult ......;aaMra' 1a.....,.~ will ... ..0tJø4 ucI øaIuNt fop "'P"'.. .p "bjcdioaalo AI",e àav. crt'u SL1 RiDio. .v.ted law Ute dj_iq propeny, I am. œrta~ tk2t tttOPfI'lrt1oa bd'wNQ e.r adJohdøc properdel wtD coDtbsßO to be of bJurat to YOG. j will .ppndiltc your pl'Hlpt favorable reply a.rHi tooptfttlola OD or beton June 2... 1991', Ell:!"l 255 East DrtVi!· Suite D. Melboum.., Florida 32904. 407.126-0894. PAX. 407-728-8990 ···",·____""_...___;.._~__."""~,_.~o,_... 128 1 OOALIl"ICATIOtl'$ 01' v. B. CARROLI:, ~ Born in Naples, Florida, Oec~er 15, 1930 IDt.1CA'J'ION stetSQn univoraity, Deland, Florida BS .. Busine.. Administration American Institute of Real Estate Appraisers . CO\ArS. lA, lA-I and lA-2 - Appraisal Principles And Valuation Procedures capi tali zation Theory and 'l'echniqueø-part 1, Part 2 and Part B Course VIII anå 8-1 - Single-FAmily Residential Appraisal Couree 2-1 - Cas. studies Cour¡;e 2-2 - Analyais and Report writing Course 8-3 - standards of Profeaaional Practice Florida Association of REALTORS Course I, II, III and Graduate Course - Florida REALTORS Institute PROFESSIONAL EXPBRIENCE Appraiser - Sonior Partner - CARROLL ¡ CARROLL - Real Estate Appraisers REALTOR and Registorod Real ~.tat. Broker - state of 1"lorida _ 1974 Executive Vice president, Hapl.. Area Beard of REALTORS 1963-1973 In~tL~ctor - NA30R School of Real Estate 1977-1983 Rsal Entate Principle~ and Practices, FREe - Post Licensing PROFESSIO~IAL RESIGNAT!ONS :iU{ Designation- Appraisa.l..Inatitute GRI DBsignation - Florida ,As.ociation ot REALTORS BRA Designation - Appraisal Institute State-Certified General,Røal Estate Appraiser 10000014 ~SOCIATION MEMBERSHIPS , Appraisal Institute National Association of REALTORS Florida ~sociation of REALTORS Naples Ar8la Soard of RE.AI.TORS MGQÇIA'l'ION O.u¡,CEI! Gov.rning Counselor, American Institute of Real Eatate Apprai..r. _ 1984-85 S.E. Regional Comr.úttee, American Institute ot bold Estate Apprn,bara-1984-87 Director, .Fla. ch. 12, American Inatitute of Real E.tate AppraJ.s.rs-1984-S6 raBt President. S.H. Fla. Chapter 1186, society of Real Estate Appraia..rs Re~iQnAl Repre8enta~iVð, West CQast Florida Chaptßr, Apprai~al Xnstitute APPorN'l'HE~TS Roal Estato Appraisal SubcOlllllÚttea of the FL Real Estate co.'ani..ion-Ch.-1991 Probable Cause Panel of 11. Real Estato Appraisal Board _ 19~5-37 ,PRAÇ'UCE INC:r,UDES Co~d&Mnation Appraisal General Litigation Appraisal ?ederal Estate Tax Appraisals eo=mercial Properties Acreage Properties S~cial Uaø Properties 128 1 CERTIFICATE OF '~PRAISER I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiaaed professional analyses, opinions and conclusiona. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. This appraisal assignment was not based on a requested minimum valuation, a specific valuation/or the approval of a loan. My compansation is not contingent upon the reporting of a predotermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.. My analysen, opinions and conclusions were developed, and this report was prepared, in conformity with the Uniform standards of Professional Appraisal Practice. I am also subject to the code of Professional Ethics and standards of Professional Practice of the Appraisal Institute, which includes provisions for peer review. The use of this report is subject to the requirements of the state of Florida'relating to review, by the Florida Real Estate Appraisal Board and to the requirements,:of.the Appraisal Institute relating to review by its duly authorized representatives. No one other than'the undersigned prepared the analyses, opinions, and conclusions concerning real estate that are set forth in this report. An of the date of this report, I have completed the requirements of the continuing Education Programs of the Appraisal Institute;and of the State ~Of Florida. , RO '~OLL ',l~ J. . cå:t'roll RM ~ GRI - snA state-Certified General Appraiser i0000014 i"~ '.: , --- ---.....--..... '..' ..' ,~t .... ...' ~ ....... ....... ...... ",", I . ..~---_. -."--"-" ,,, ,~ . ,,'I' ~f' r' '~ ".', ,. ...- II '.1' 'I I ,I I I, I I' I I I I I I I I I I' ::;: ~ I=: I" .. ..., I I 128 1 " I Co .. .. I .. .. .... I .. , .... _I· i I ".. ... I .0" I .. i! "I'" - I .. .. .. I .. .. ".. II :; ! DO' 0 " .. II : · . 00. I .. .. , I II : : ! .00 I .. II : ... I 0 I) 0 1 .. .. II I d : II ~i po. I ... . 0 I .. ..1ft .. :I : " - I .. .. _I" .. - - 'II t .. ".." I" .... - ~ I .. r ... " ..10 ..I...... ,.. .. · I .. I _ .. 0'" ~!" " .. I.. .. 01" .... .. ~ ! .. , - . 01- ;¡" ,. · . : ,.. ..,- L I I ~ I Is I : Ii í ';1 ~I .1 ':1 ~:I " :1 ,I I "I ,-I I I I I I I I .1 I 128 1 CONSULTING , ANALYSIS RRPORT LAUREI,WOOD PUD FOR HR. J:ENHETB P. SAUNDRY, JR. PEBBLE BROOR LAKES LIMITED PARTNERSHIP AT REQUEST OF DON PIC~ORTH, ESQ. AS OF SEPTEMBER 23, 1997 PREPARED BY CARROLt. r. CARROLL REAL ESTATE APPRAISERS 2500 AIRPORT ROAD SOUTH, SUITE 206 ~Ea, FL 34112 (941) 775..1147 #2232-EC ______...._........-- _~___;o..__~___"_- fl 128 1 1 .. ·~I '. :.. ;.1 ,. ~I ,- lEE CO ::1 COlLIER CO 0.0'" ><11 P AM\-"'O'I I I t I ~ I ~ i I :1 I OJ.... LClHCSHCII( D . u.ac :1 ~ IWIUS__oIIJZ 'OAO (C... 1M) ,I L:-J I \MT '7 C:....U... '. I,..Ia( I I IN, of ~r IUo(Jt lOloO ÞT. I r I I I: ~- ~ . I ~ I ~'1 It ..., I un 1 '"' . + i I I J[ wcw..ms I . \.lilT JJ .... I ...., 4 l.1li1 I - I LOCATION MAP - - .>.".",~----_....,,---....".....-~-------,_...~-".".. 128 1 CONSUI,TING ASSIGN~ Thill auignment i. to research and analyze data to detenn.ine if there are substantial reasonn why the Laurelwood PUD cannot be used in accordance with the existing (PUD) zoning. The answer to this question is required by Item 113 under Paragraph 2.7.2.5. of the collier County land development code on Page LDC2z234. PURPOSE OF ANALYSIS This analyais is to be used by the client in a rezoning hearing regarding the Laurelwood PUD before the Collier CO\lnty Board of County comøu...ionerø on september 23, 1997. DATE OF ASSIGUMi!:NT }"N.D REPORT The research and analy.i. conducted and the preparation of this report occurred between september 15, 1997 and september 23, 1997. RANGE OF WORK AND DATA COLLECTION PROCESS The extent of the research involved in this assignment included a review of the current LAurelwood PUD (Ordinance 94-63), a review of aerial photograph. of the aroa, revie~ of mAp. locating the other PUD'. in the area, a review of assossor's plats of the are., and a review of zoning map. of the area. The Collier County land devÐlo~nt code and the collior county growth managamont plan were reviewed a. wer4 PUD document. and permitting applications of other plannod unit development. in the area. In addition, the Laurelwood PUD ,wall inspected and photographed. The other PUD's in the immediate area were inspected. ?rom the recorda of the collier county Property Apprai.er's Office 8&le. of residantial unita in the PODa were extracted by type of property aold. ,;!NFOf9t/1.TION CQ~SIPERED The røl!earch roveAlÐd that the r.auralwood PUD had bøen Approvttd :for 465 røaidential unlta on a 70 acru parcel frontinq on Im:nokalca\1t Road ",ith a. density of 6.3 1:6oidenti..l nnit. per acr.... Under the ?OD Laurelvood was approved for residential uses which werÐZ single fa~ilr detached roeidcncøø sing15 f~ily patio re.idencøa Two f6mily And duplex re.id,nces single family and townhou.e r.sidenc.. Kulti-f~ly r..id4Dce. includin9 apartment. : .~, ~.' . '\ ~.'., . j J.. . , '. ',I I ~I I I ~I 128 1. Located within two miles of the LaurQlvood PUD and also fronting on ~kal.e Road w.re five other PUDa that had been perJAitted. Some of th... ......r. permitted but no development had occurred. other. were in the proc... ot development and others had been completad and .old out. These WQr$S 1. Heritage Green (formerly DovO Pointe PUD) 2. Longshore Lake. PUD 3. Pobble Brook Lak.. (Riehl.nd PUD) 4. Quail Creek Villas PUD (Quail II) 5 . Woodlands PUD I I I I I I ,I I I I ,I All thase were residanti4l plAnned unit developments .1 was the Laurelwood PUD. Among them, ten different types of rosidential usage vera permitted. The current Laurelwood PUD is pernitted for six of those 10 resideotial u_... county records from the property appröiøørø office for sales in thase planned unit developmonts wer.e researchød. Laurelwood, Heritage Green, Pebblebr.ooK Lakes and Woodlands have not been developGd to ,the point of having recoròed .a1oa. sale8 have occurred in Long.horo Lak.. (including Quail Walk) and Quail Cr.ek Village. Data on these development. 01nco January 1, 1994 were rel.arched and reflected the following lales datA: VACANT ~ ~INGLi. Fl\MI¡'¡ COfo;-PC ~ 1994 6 70 39 115 1995 34 63 34 131 1996 53 47 24 124 1997\t _U -l1 ....l.2 -il TOT1\I.S 114 202 122 438 *TBROUGl1 7-31-97 StJHIA.ARLQr DATA A. ThoLa.'~r.l",ood PUD offerG a .iqnific~t nUfl1ber of units for dev611opment, t.ot,ding 455. B. Tho¡ I..'t.\1reh.'OOd PUD 1.1.. within the den.ity, band connacttKI. with the a.ctivity cIJnt.ar at CR 951 and r'BllOkaltl8 Road and Me ... dead ty of 6.3 un! t. per ðCrQ. ~.~,~-=,I~j::=~"t1,?"~~. ~W'a~]_IIri~íM~r_.~~ >1 I I I '·1 ,I , I I 128 1 c. 'l'hø Laurolwood POD haa an approved reaid9ntial mix acceptable to the market in that it include. si7. of the reaideutial t~. identified in all PUDs researched. D. 'l'he 8ales data reflectød by Longsbore Lak.. and Quail creek vJ.llage indicate the market hu abeorbed a significant numb.r of units 8imilar to thoÐð in the Laurelwood PUD over the past 3.5 years. CONCLUSION Based on th~ research o~tlined in this repor~ I found no subst&ntial re~50n why tha Laurelwood property cannot be uoed in accordance with the exiÐting %oning reflected by the existing Laurelwood POD. I I I I I I I I I I :1 J.E. R){ - GRI - 8M stats-certified General Appraiaer #0000014 : ~ t; , ;1, :1 ,& ',I I ,I I I I I I I I I I 'I ;1 I ':1 128 I . ADDENDUM ¡..' 128 I COtCPAlUIOIIS or PU)' S PXU 110 2~)2 IIAKa OM llCUS m:rs DUaIT't usa ------------------------------ ---------------- 1mIlIn.ca CUD (DOn POIn) 13-11 251.41 .50 LifO ~P DI:T.\CUt> D07LEX TOWJI1IOQSIr VILI-U CJJU>n APT1I SERO LOT LllOS IfF AJfI) hTrACUD LAC'1lILIfOOD t4-U 71.00 U5 1.00 SF Dt'rACIIZD n PArlO 2:'IfO r AHILr ¡ DUJ'IJrX .F , TQIfltIlQUSIr HI' IHCL CAJlDD APTS LOIICSIIOQ LAXU '3-3 ~20.50 5" 1.77 SF ¡¡ZTACut> 57 'CLUSTKJt' IIo)1'ORCOACI (MPIJCAnOtl) 71.00 4'5 '.30 HOTORCO.i\CIIZS . 'DALE IIR.OOIt ~ (JU:C1Il.AJI) ) J7 -2" ]50.00 '50 '.33 SF DI:T.\C1a1) lID Arncan , TOWJlOOsa A:t SEItO LOT LIIiI DUPLU tIP UXI'J:S JR11tS DiG , IISft NOIØ:3 QOAIL ou:u: vn.u.s (QUAIL II) '2-41 1".00 310 1.1& ft1I' A%'r.JICD:D ¡ Dft.\CßD )Q' I>!fZLI.I1I<:¡s WOODLAIrotI u-u 500.00 1100 2.20 SF .u"J:aCIW) " DnAC1Dß) D\1PUX PAnO CLUITIal A ,¡ ) VIl.%.U1 .Ii. " P 'l'O'I¡,.......aa 1mt.50 LOT un -A ..___..-.~'''....,¥ -I I I I ,I ,I I I I, I I I I I I I I I fl:"" "" §i I ! ...M t1 ÞC ~¡ II i " " ~ ~ " I I ... JIC " " "' ~ I I R ,I"" " .. 2 t ~~ =1 .. 110' ..! ..: ¡-.' " 23 ftl ..ft ~I ~:¡! " " .II :;1 fi! I .., ..'" " " ... ... " .. " ÞC .. ..0 ." . 0 G 0 ...... . .. '" . 0 H'. .. '" . fit ... I: ... , ., II ~; ~ 11111 ; II ...~ w._· . '-'.1 ...., .,. . ~I I :1 I I '.. I. I I I I' I I I I I I I I I ~ \- . - I .. ... ... II g I ~ ~ v ::: · ~ ~ " -.- E I· . ~ II~ ~ ~ ~ ; ~ .. .. . ~ I- : . . . .. .. :;.. ........... · ~ : - - . . . ~ I ~ I : ; I · ' . E j:: II " ~ I:: ~:: t " ~ !~ I . . .. XI": ": II; :: : . .. ~:~ :: : :: Z : I .1'; i .: .; :i ,; ,; 51:: .- :: :: ~ ~ .. · '" . .. ~ ~ . 2 I, 1 , ~ ~ ~ .. ... .. -- . .... ... "" ......... I: , ~ 7 . , . .. a.: ... : 4: : :: } ,.... ... ",.".. .. ,. II" . .... . ... . I J. ~ ',I. :: J. J ... .- II II I !IIII ! II ! I~: .. ~ l- il;: :::: COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 128-2" (i) To: Ckrk to the Board: PIeue plxe the (oJlowlng u a: xxx Normal legal Adveni5emcn( (Display Adv., location, etc.) o Otbcr: ....................................................................:;t[.................................. Orig;..ting D<pt/ Di" C4mmo...SøviPbnning "'''''n' 111 ß ----- ""co 7 fz 4 f11 Petition No, (If none, gM: brief description). PUD-89-2MJJ Pctilioncr: (Name &. Address): Fn:derick R. Paulv. Trustee. Paulv Real!'.'. Inc.. 8G6 9'" Ave.. N,. NaDIes. Florida 34 IOS Name.t. Address of any person(S) to be notified by Clerk'¡ OtTIce: (If more spaœ is needed. attach separale sheet) Hearing before XXX BCC BZA Other '1/'1/'11 Based on advenisement appearing 15 days before hearing. Rcquesu:d Hearir:g eLate: "pl.., nc Ncw5papcr(s) 10 be u.o;cd: (Complete onl)' if imponalll): con8J,'",,, . xxx Napla Daily News Other Petition No. ruo .~-28,11. Frederick R. Pauly, Trust.., requ.stinq an ...na.ent to the Br.ntwood PVD elialnatln; liquor .tor.. froe the PrinclPAl Retail Use. and addinq the requir...nt for a co.aon archlt.ctural tbeae tor all bulldinq. and PArcel. within the PUD for property located ..st of 1-1S and on t~ .outh slde of l-.eke1.. Road (C.R. 846) in S.ction 30, Townabip I. South. Renqa 26 ~.t, Collier County, r10rl48, conal.tin; ot 18.6' acr... Proposed Text: (Include IcgaJ ~púon &. common to< Companion pd.iûon(s). if an)' ct proposed hearing eLate: Docs Pet.it.ioo Fee include advertising cœt7 0 Yes 0 No If Yes, what 3CCOO1U should be charged for advertising COQS: 113-138323-649110 Revi::wcd by: tí~ 1J /Y~1 Approved by: Division Head Date COUnty Manager Date List Attachments: DISTIUBUTION INSTRUCTIONS A. For bcarinp before BeC or Bl.A: lolliatiol penon to complcu one coy and obtalo Division Head appnwal bd'ore 'lUbmlttin& to County Maøa¡er. N ok: If Ie¡a.I docuIIICDt b Involved, be lUre .bat any neccsury Iq.aJ rnicw, or req1Iat (or "1m, is JUbmlt~d to GIant, Attorney before submittlnl to County MauteI'. The Manater's otrIce will distribute t'opc,: o COUllt, Mauger ageuda file: to Ckrk'8 Office o Requatln¡ Division o Original ß. Other hc:a.rings: húúatíng Division head 10 approve and subrnit original 10 Clerk's Office, retaining a copy for file. ......................................................~........*..*.............................*.......... FOR CLERK'S orna USE ~ty " I", Q' I 0 , I Date R.eccivcd:. Date of Public Þcaring: ~ Date Advertised: ~ Y 12B-2 D% t,.~ 3 (~I.ì."'; m:IS \;¡VAl&. m: ~ L' ~,Ù,"11 T.l1("JL~ ON: r.ax ., I ~ ~...ß:iYu. j) ... g 1-r.2 8 ( ) / ~. :::' ~ cm~~ ~ ~""Í-""JuSB ~-t . .. ..:c;;:_<:.o DX m: (90&1) 774-8408 p«,...K m: (90&1) 77.&-8406 m.m SBZI%': 'rDŒ SBIft': ó/7(47 / I f: ,~- S- : - .- -- - - - - I . . 94159121251 :247 æ-04 00:34 00-01'33 ()( :2 ~11 248 OO-Ø4 10:39 ec- 02' 01 92634864 ()( :3 1~1:3 249 OO-Ø4 14:Ø'9 00'" 02' œ 92634864 ()<' 3 ~ 2SØ OO-es Ø'9: 10 Œr03'17 '3:2634864 íJ< 4 ~~15 251 00-05 0'3:21 00'"00'41 9417746179 0< 1 ~ 252 æ-Ø5 15:52 00-01'52 941 643 5716 0< 2 ~ 253 00-06 09:34 00- 02'14 941 261 6747 ()( 4 ~11 254 oo-œ 12:20 00" 01 ' 18 1 941 775 92.36 0< 2 ~12 25'3 OO-ø? 00:26 00-02'11 941 77S 27S5 0< 2 ~tOO000=I212 256 Ø8-Ø7 08:32 Œr 02'01 92634864 0< 3 ~ 'Z57 æ-m 00:41 Œ"02'Ø3 941 &4.3696E3 0< :3 ~14 2SB ee-e7 œ:~ œ" 02' 04 9ôZ634E)6.& 0< 3 ~14 TOT:{" IWGS 71 128-2 August 6, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider petition PUD-89-28(1) Dear Jud i : Please advertise the above referenced notice one time on Sunday, August 24, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 704259 12B-2 NOTICE OF INT~~ TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, SEPTEMBER 9, 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 Oråinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINA.NCE Al1ENDING ORDINANCE NUMBER 90-36, AS AMENDED, WHICH ESTABLISHED THE BREN'IWOOD PLANNED UNIT DEVELOPMENT, BY AMENDING SECTION IV, SUBSECTION 4.4, USES PERMITTED, PARAGRAPH ~, PRINCIPAL RETAIL USES, BY DELETING LIQUOR STORES AS A PERMITTED PRINCIPAL RETAIL USE; AND BY UPDATING CODE REFERENCES; BY ADDING PARAGRAPH G- COMMON ARCHITECTURAL THEME REQUIREMENT; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-89-28{l}, Frederick R. Pauly, Trustee, requesting an amendment to the Brentwood PUD for property located east of 1-75 and on the south side of Immokalee Road (C.R. 846) in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of 18.67 acres. 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 TIMOT}~ L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Sue Barbiretti, Deputy Clerk (SEAL) 12B- 2 ' August 6, 1997 Frederick R. Pauly, Trustee Pauly Realty, Inc. 866 97th Avenue North Naples, Florida 34108 RE: Notice to Intent to consider Petition PUD-89-28(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 9, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 24, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. --------- ... 128-2 ORDINANCE NO. 97- AN ORDINANCE AMENDInG ORDINANCE NUMBER 90- 36, AS AMENDED, WHICH ESTABLISHED THE BRENTWOOD PLANNED UNIT DEVELOPMENT, BY AMENDING SECTION IV, SUBSECTION 4.4, USES PERMITTED, PARAGRAPH D, PRINCIPAL RETAIL USES, BY DELEATING LIQUOR STORES AS A PERMITTED PRINCIPAL RETAIL USE; AND BY UPDATING CODE REFERENCES; BY ADDING PARAGRAPH G - COMMON ARCHITECTURAL THEME REQUIREMENT¡ AND BY PROVIDING AN EFFECTIVE DATE. .. WHEREAS, on November 19, 1996, the Board of County Commissioners of Collier County, F:orida, pursuant to Section 2.7.3.4. of the Collier County Land De'lelopment Code directed the property owner Fredrick R. Pauley, Trustee of Pauly Realty, Incorporated, the developer of the Brentwood PUD, to amend Ordinance Number 90-36, as amended, the Brentwood Planned Unit Development Document, in order to delete liquor stores as a permitted principal retail use and to add a common architectural theme requirement; NOW, THEREFORE BE IT ORDAINED by ~he Board of County Commissioners of Collier County, Florida that: SECTION ONE: ~endments to Section IV, Subsection 4.4 Uses Permitted, Paragraph D, Principal Retail Uses of Ordinance No. 90-36, as amended. Section IV, of Subsection 4.4, Uses Permitted, Par~raph D, Principal Retail Uses, of Ordinance No. 90-36, as amended, is hereby amended to read as follows: D. Principal Retail Uses '. 1. Automotive service staticns (to include minor repair pursuant to Section ~ 2.6.28 of the ~niR!'J O=difl¿)f\C~ L~nd Devel~pment Code of Collier County:) Art supply shops. 2. Bakery shops¡ banks and financial institutions; and busi~ess supply stores. 3. Clothing stores, convenience foot marts. 4. Delicate~sens; drug stores; and dry cleaning shops. S. Florist shops, gourmet shops. 6. Heal th food stores, highway corT\.'nercial uses. 7. Ice cream shops. I Words struck through are deleted; words underlined are added., -1- . ' I ,. 12B-2 ~ Liquor Ston:!J. -!h- 8. Markets - food, markets - meet, medical offices and clinics; museums. I -14-:- 9. Offices, general; office supply stores ~ 10. Photographic equipment stores; and pottery stores. ~ 11. Restaurants - including drive-in or fast food restaurants (in accordance with the standards of Section ~ 2.6.10 of the ~g OrdiAaflc: Land Development Code. ~ 12. Souvenir stores, stationery stores and supermarkets. ~ 13. Tailor shops; tobacco shops; tropical fish. SECTION TWO: ~~endments to Section IV, Subsection 4.4, Uses Permitted; by adding P~ragraph G, Architectural Standards, of Ordinance 90-36, as amended. Section IV, Subsection 4.4., Uses Permitted, of Ordinance No. 90- 36, as amended, is hereby amended to add Paragraph G, Architectural Standards to read as follows: G. }I.RCHITECTURAL STANDARDS ^ common architectural theme shall be provided for all buildings, structures, and uses on parcels within the Brentwood PUD consistent with Section 2.8 of the Collier County Land Development Code. SECTION THREE: ~ffective Date This Ord:n30ce shall become effective upon filing with the Department of State. PASSED AriD DULY ADOPTED by the Board of County Commiszionersof Collier County, Florida, this day of , 1997. BOARD OF COUNTY CO/1MISSIONERS CO~LIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency: ì?v:~..ú.. Ì11. IJ 1-7 of ..I ~..,L Marj ie M. Student Assistant County Attorney t/PUD-B9-2B (11 DI<D!IiAItC!: Words struck throuQh are deleted; words underlined are added. -2- Maple. D.i ly "-s ~l", Fl 33;.w) AffidllYtt of ~lic.11tlon ~l.. 0.1 ly New 128-2 (),UJ) Of ccurrr CO'"USS1CNDS A T11I: IWICY SN..OIiiUa PO BOX 1,13016 HAI'US fl }l,1Q1-3016 P. r IO"Ia II Y L'1OWn by .. RErEREHCE: 001Z~ 704259 57552lo67 I«)TlCE Of lHTEJlT TO !oUt. of f lori. County of Collier Borfor. the uno:t.rsl¡¡ne<:t ~ity, perlCMlly 8Ç9,ared I.rio;tla Sryent, lOt» on OOIth MY' tNt aIM :arves as Ass1&tant Scc~ry of the I14Þ9l" hily /Won, a dally ~ p.bll"-l at Napl". in rolli.r County, flod..: thet the att~ copy of tho! lIdv.rt is ing tog po.bli~.ed I n said OtwilP8?'lr on dat.. listed Affiant further MY' that tn. said Mapl.. '-ily Hev, i. I ntWlp.per pub.lahed It H6pl.., in ..Id Collier Cwnty, Florida, IJ"d that the said ,....,.~r has heretofore bMn continucualy publ hM<1 I n said c.oU i er c.curty, florida, teCh dirt .-rid hae beet! ent....: .. ......ond c l... l1li H ...tar at the po.t oftic;e 1n IIIIpl.., in ...id "'Iller CooJnty, florid., for . ~r1oc1 of 1 ynr nut prec«fing the fir.t publ1c.a1:ion of the attucNd c.opy <Jf ..:Iverth.-nt¡ .and etfjtl':'lt further "'Y' tNt the 1'14. ~itMr peid not' prOllhed ""'1 ~r_" 11... or ~ation lIIfr.y dl.count, r.œte, ~i..ion or ...fU"d for the purpolt! of MWT1ng thia ..:Iv.rth_t for I'...ollC11tlcn In the nit.! ~r. PlI8lISHEO 011: œ/2;, AI) SPACE: FILED 014: !l5 . 000 IHCH œ/26/97 -- .J a::¡;;·.. JuœI A.. fWioan r.?,t.. '.~:-¡ \IV ~ , ccsœ187 EXP1RES '1-'Í'å"iJi kONaIy Ii. 200J '..:,,';;¡,¡:.[./ IOIatI TIfI T!!O'I ,,,.IIIIUWQ,IIC, ·I'i...... ·- 1282 . ORDINANCE NO. 97- ~7__ AN ORDINANCE AMENDING ORDINANCE NUMBER 90- 36, AS AMENDED, WHICH ESTABLISHED THE BR2NTWOOD PLANNED UNIT DEVELOPMENT, BY AMENDING SECT'(Oto-l IV, SUBSECTION 4.4, USES PERMITTED, PARAGRAPH D, PRINCIPAL RETAIL USES, BY DELEATING LIQUOR STORES AS A PEP.MITTED PRIIICIPAL RETAIL USE; AND BY UPDATING CODE REFERENCES; BY ADDING PAHAGRAPH G - COM~10N ARCHITECTURAL THEME REQUIREMENT; AND BY PROVIDING AN EFFECTIVE DATE. WHSREAS, on Nov'èmber 19, 1996, the Board of County Commissioners of Collier County, Florida, pursuant to Section 2.7.3.4. of the Collier Coun~y Lar¡d Development Code directed the property owner Fredrick H. Pauley, Trustee of Pauly Realty, Incorpor~ted, the developer of the Brentwood PUD, to amend Ordinance Number 90-36, as amended, the Brentwood Planned Unit Development Document, in order to delete liquor stores ,JS a permitted principal retail use and to add a common architectural theme requiremc~t; N0'.4, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Cellier County, Florida that: SECTION ONE: Amendments to Section IV, Subsection 4.4 Uses Permitted, Paragraph D, Principal Retail Uses of Ordinance No. 90-36, as amended. Section IV, of Subsection 4.4, Uses Permitted, Pargraph D, Principal Retail Uses, of Ordinance No. 90-36, as amended, is hereby amended to read as follows: D. Principal Retail Uses 1. Automotive serv~ce stations (to include minor repair pursuant to Section ~ 2.6.28 of the ~R~ OnHnaf1.ce Land Development Code of Collier County~) Art supply shops. 2. Bakery shops; banks and financial institutions; and business supply stores. 3. Clothing stores, convenience foot marts. 4. Delicatessens; drug stores; and dry cleaning shops. 5. E'lorist ~hops, gourmet shops. 6. Health food stores, highway commercial uses. 7. Ice cream shops. I Words str'Jck throuqh are deleted; words underlined are added. -1- ------..--- -.------...--..- --' ,.' 1- 12B2"'~ ~ ~r gtor~3. ~~ 8. Markets - food, markets - meet, medical offices and cliDics; museum~. ~~~ 9. Offices, general; office 3upply stores ~ 10. Photographic equipment stores; and pottery stores. ~ 11. RestauraDts - including drive-in or fast food restaurants (in accordance wi th the standard3 of Sect ion ~rt} ~~, of the ~0niflg Ordiflaflcc Land Development Code. -~ 12. Scuver.:,r stores, stationery stores and supermarkets. -1:4-.- 1J. Tailor shops; tobacco shops; tropical fish. SECTION TWO: Anendments to Section IV, Subsection 4.4, Uses Permitted; by adding Paragraph G, Architectural Standards, of Ordinance 90-36, as amended. Section iV, Subsection 4.4., Uses Permitted, of Ordinance No. 90- 36, as amended, is hereby amended to add Paragraph G, Architectural Standards to read as follc~s: G. ARCHITECTURAL STANDARDS A cornman Grchit~ctural theme shall be provided for all buildings, structures, and uses on parcels within the Brentwood PUD consistent with Section 2.8 of the Collier co.ŸñtŸ~and Development Code. SECTION THREE: Effective Date This OrdiDance shall become effective upon filing with the Department of State. PASSED ¡\ND DULY ADOPTED by the jd of Collier County, Florida, this ;(3_ day County Commissionersof 05~d;" k, 1997. '; J Ii J ,~ í " " .... COMMISSIONERS FLORIDA , . . , ,: -' t' Sufficiency: Ì)"\/'~"L m. /Jh..t~ Ma~~- Assistant County Attorney f/PUD-89-28111 ORDINÀNCE Words struck throuqh are deleted; words y,nderlined are added. -2- -~ .--~- -- ~"-'~ ---_. ------".- ..._-~- 1282 .,'" -" .' STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida. do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-47 Which was adopted by the Board of County Commissioners on the 23rd day of September, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of September, 1997. ·1 . ,. ~_ DWIGHT E. BROCK,;_S,\~'\~,fi,~, ;~~;"," Clerk of Courts anq,~~~'èrk·t,::I).;<~·.p~!~ Ex-officio to Boar~o~~.... .t:., ',/,. C i i ~""'. .I.".,.~'...., Coun ty omm. 8 on...:~" , ~.; ,-;', . :'/,', .: ~ Þ ~.-.r . ,., '~'~.:r.":; ~~j~',~ J~¥~)/ '-' (? . """>\i "'. . ,_.,- ~rt.t¡¡ By: Ellie Hoffman ,)./. · ,:I~:< .,< Deputy Clerk 1) nH ~ 09. ' . ~_.-v.~___ ~_.......l_-"'''''''-''_ _ ,JI. '1III'.....a~1.l\.~_. ~ ~ ..-.......,...- COI..1..ŒR COUNTY .JLORlDA REQUEST FOR LEGAL ADVERTISING or PUBUC BJ:AR.INGS (ij28 3 To: C1erk to the &ard: P1eue pl.lce the followin¡ u a: xxx Normal legal Advettiscmem (Display Adv., location, etc.) o Other: .......................................................................................................... Originaling DepI/ Div: Comm.Dev.Sav.li'!amúa& !'mon: 0--¿¡- ("' ~ Dat<: ! /13 /1; Peûûon No. (II none, gM= brid description): PtJD..9S-10m j Pc:t.iUoner: (Name ct Addzas): u.s. Home Comomion. Land Dcveloomcnt Division.. 10491 Six Mite CvpTcss Parkwav. F~ MYers.. Florida 34113 Name ct Addles¡ of any persoo(s) to be notified by CJerk's Office: (If more space is Deeded. auach sepan1e shed) Dwi~ ~ MeAnlv EnJinemnr:.t Desim. Inc.. 5101 F.JKt Tamiami Trail Sufu: 202. Nanlca. FJorida 34113 Hearing before XXX BCC BZA Olbc:r Requested Hearing dale:~ I q 1 .Baed on adver1isement appea1Íns 15 days bdore hearing. N~s) to be used: (Complete onJy if importaot): xxx Naples Daily News Other o l.egaJly Required Proposed Text: (Include Iep1 dc:scriptjoo ct: common Joc:aboo ct Size: Companion petitioo(s), if auy ct proposed bearing date: See attached Ordinance title Does Pc:t.iÛOl1 Fee include ~ a:AtJ 0 Yes 0 No llYc:a. what aa:ount sboaJd be cbarscd for advertising COI5U: 113-138323-649110 Reviewed by: WL ~ ) (<¿ ) q 1 Date t- { Dale Approved by: Division Head County Mana¡cr Ust Att.achmenL<¡: DISTRIBUTION INSTRUC110~~ A. For beariap bdore BeC or BZA: bútiathaz penoo to compt.eu ODe CD' aDd obtai. Di\'iaioa Bead appnwal bdore abaúU1aC to CooDey M_.... Noee: If IepJ docunaeat b lavolftd. be sare tJaat AD'-«tII'" IepJ miew, or req1Iat (or aame, is submitted to Coaaty Atton.ey before sabaaJUi.CIo Comat)' lrlaaacer. The Ma.øazer'. omce wiD distribute copies: o County Managu agadA file: to CIerk'.orracc o RcquatiaC Diviaion o OrfciaaJ B. Other hearings: lnit.ia1iAg DMsion bead to a~ and submit original to Ckrk's 01Ik:e, retaining a copy for file. .......*................................................................................................... FOR CLERK'S OmCE m ONI"Y: Date Receival: J'/~/91 Date oCPubüc hearing: 9j).J/97 Date AdYertiscd: 9 / ~9 7 <",,~_..~,-_..--, -.-..... (incl~ i WI t:hi.s caver) , OF PAGZS _:~ ~ - , '. . ".. '.. . "''' ," . ,; ..' p'. ~ 128 j 11III11III11111111111111111111111111111111111I11111111111111111 ~z __ .J_.~ W_8&ß9·. ~I JII.ft.&I ØI1D.T .. F.AX ~. I' Z6HMi lYnIK1I!~1 all À a Ú \ las .' L.f t--<-f) _ T .Y-7ttJ J '/)~~~ ~.~. . ... - . 111111I111111111111111111111111111111I1111111111111111III1I1111 . , - - ---..... T noHs IUD BOI'J'Hd - JWWrEs & RECORDS LO~cnr: Collier COUnty Cpúrthouse \ :FAX BOs (813) 774-8408 P1iom;'uo: (81:3) 774-8406 ..,. ··'1 I ~ t:=~:! ~n~ ::~:~ t292 æ--2.!..r Ø9: /.t3 æ- 01 ' 58 ..;. - '. "- -, -- I :, 1 ~ lø33- := -I ~ t:jj I~~I Ø68CØOOØOOOOa=I14 ~:~ 'Date øon~: t¡~/97 I'fiae sont: Cf: 2. 7 ;Ø. ~. j .... Ie - ii~ j Auguat 21, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider petition PUD-95-10(1) Dear Judi: Please advertise the above referenced notice one time on Sunday, September 7, 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. 704259 ,_._--' ~-_.,._._".__.._........, 128 3 August 21, 1997 U. S. Home Corporation Land Developa~nt Division 10491 Six Mile Cypress Parkway Fort Myers, FL 33912 Re: Public Hearing to Consider petition PUD-95-10{1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure -.-..-..--., ._.,_.~~,"_.",..__.....~,",~,¡,;""----,,,_...__'~_' 128 3 August 21, 1997 Mr. Dwight Nadeau McAnly Engineering & Design, Inc. 5101 East Tarniarni Trail, Suite 202 Naples, FL 34113 Re: Public Hearing to Consider Petition PUD-95-10(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 128 3 interoffice memo Dale: W4R7 TO: e.bIra Pedone, AdrnIrÅoItIatIw Auistn Cœnty Adminisua!or FROM: Ron Nino, Projc:ct Planner SUB]: PUD-95-10(l) Naples Herilage Golf:md CQunty Oub PUD This petition has been advertised for the 9nJ Bee mect.ing. The pet.'öoner Is nquestJng the petition be wlthdr3lWfl . , '.' '. '. .' ~..... yJ--.~'" ..." ,.r( . '. ..-"-~ .,.:\: ...' ;~ Adv. File cc: ; --.'.--,..., '-,.."...,,-~_._~....','_..~......,'~>-,-,-,_....,_... ~~~---- ~...,.._..."-_.~- .... _..__._.>..~.._-_._...._..,_....,.,.. -~---"'- 128 3 ' NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, SEPTEMBER 23, 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 th~ p~oposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LA.ND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP{S) ~~ERED 0603, 0604S, 0609N, 0609S, 060910, 0610N AND 0610S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PU~" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES HERITAGE GOLF AND COUNTRY CLUB, FOR PROPEP.TY LOCATED SOUTH OF DAVIS BOULEVARD (S.R. 84) AND WEST OF S.R. 951, IN SECTIONS 3, 4, 9 AND 10, TOvmSHIP 50 SOUTH, ~~GE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 573 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINhNCE NUMBER 95-74, AS N~ED, THE FORMER NAPLES HERITAGE GOLF AND COœ~TRY CLUB PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-95-10(1) , Dwight Nadeau of Mck~ly Engineering and Design, Inc., representing U. S. Home Corporation, requesting an amendment to the Naples Heritage Golf and Country Club PUD. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. Kfu~COCK, CHAIRMAN DWIGHT E, BROCK, CLERK By: Is/Ellie Hoffman, Deputy Clerk (SEAL) -..." .-.----..-. 128 3 ORDINANCE 97- ,n.N ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDSS THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AIŒNDING THE OFFICIAL ZONING ATLAS MAP (S) NUMBERED 0603, 0604S, 0609N, 0609S, 060910, 0610N AND 0610S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES HERITAGE GOLF AND COUNTRY CLUB, FOR PROPERTY LOCATED SOUTH Of DAVIS BOULEVARD (S.R. 841 AND WEST )F S.R. 951, IN SECTIONS 3, 4, 9 AND 10, TOWNSHIP 50 SOUTH, P~NGE 25 EAST, COLLIER COUNTY, fLORIDA, CONSISTING OF 573 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL Of ORDINANCE NUMBER 95-74, AS ,n~ENDED, THE FORMER NAPLES HERITAGE GOLf AND COUNTRY CLUB ?(jD; AND BY PROVIDING AI¡ EFFECTIVE DATE. WHEREAS, Dwight Nadeau of McAnly Engineering and Design, Inc., representing U.S. Home Corporation, petitioned ~he Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREfORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Sections 3, 4, 9 and 10 , Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 0603, 06045, 0609N, 0609S, 060910, 0610N and 06l0S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 95-74, <'IS amended, known as the Naples Heritage Golf and Country Club PUD, adopted on December 12, 1995 by the Board of County Commissioners of Collier County, is hereby repealed in its entir'ety. -1- 128 ., .-J SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. P.ZI.SSE:D AND DULY Aí)()PTEO by the Board of County Commissioners of Collier County, Florlda, this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency ~ w~-1h: .¡J:r. d wi: Marj rie M. Student Assistant County Attorney !I PUD- 95 -1 0 (1) ORt! !/lANCE! -2- NAPLES HERITAGE GOLF AND COUNTRY CLUB A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING NAPLES HERJT AGE GOLF & COUNTRY CLUB, A PLANNED UNIT DEVEWPMENT PURSUA.l'lT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: U,S, HOWLE CORPORATION LAND DEVELOPMENT DI\1SION 10491 SIX MILE CYPRESS PARKWAY FORT MYERS, FLORIDA 33912 PREPARED BY: MeANL Y ENGINEERING AND DESIGN, INe. 5101 EAST TAMIAMI TRAIL, STE. 202 NAPLES, FLORIDA 34113 DATE REVIEWED BY cepe DATE APPROVED BY Bce ORDINANCE NUMBER AMENDMENTS AND REPEAL 12B 3 l¡U .6 T ADLJ: OF CONTENTS List of Exhibits and Tables Stu~entofComp~ u Section I Legal Description. Propmy Ownership and General De-..cription I-I Section II Project Development II-I Section III Residentia.l Development Standards III-I Section IV Comrnon.s\Recreation Area Development Standards IV-I Section V Preserve Area V-I Section VI Deveiopment Commitments VI-I LIST OF EXHIBITS AND TABLES EXHIBIT A EXHIBIT B TABLE I T ABLE II PUD MASTER PLAN ROADW A Y CROSS-SECTIONS PROJECT LAND USE TRACTS DEVELOPMENTST~TIARDS 128 j 128 3 STATEMENT OF COMPLIANCE The development of approximately 573 acres of property in Collier County as a Planned Urut Development to be known as Naples Heritage Golf and Country Club will be in compliance with the goals, objec.tives and policies of Collier County as set forth in the Growth Management Plan, The residentiaJ and recreational f.a.ci.lities of Na?les Heritage Golf and Country Club will be corui!rtetlt with th-: growth policies, land deveiopment regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following r~ns: 1, The subject property for development is within the Urban Mixed Use DistrictlUrban ResidentiaJ Subdistrict as id~ed' on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consi:;trot therewith, 2, The proposed density of Naples Heritage Golf and Country Club is 1.47 uruts per acre and less than the maxil1U.lm den.sity of 4 uruts per acre permitted by the FLlÆ Density Rating System and is therefore consistent with the Future Land Use Element, Policy 5,1, 3, The development will be compatible with and complementary to existing and planned surrounding 18!1d uses, 4, The development of Naples Heritage Golf a.:}d Country Club will result in an efficient and econonúcal extmsion of commur.ity facilities and services u required in Policies 3,1, H and L of the Future Land Use Element, 5, Naples Heriage Golfaad Country Club is consistent with and furthers Policy 5,5 of the Future Land Use EJemetrt in that it is u.\ing existing Land zoned for urban uses, i.e. the existing NaplC3 Heritage Golf and Country Club PUD and A. Agriculture zoned prope1ies. 6, Naples Helltage Golf and Country ChJb jrnplemenu Policy 5.6 of the Future Land Use Element in that approximately 50% of the project will be open space or reserved for conservation purpo~. 7 1ñe Master Development P!&n, with its extensive natural, 1aIce and golf course open space ar~, and with its low residential density, wili iMUre lha.t the developed project will be an enjoyable resid~tial n~g..1borhood.. II 128 3 SECIlON I PROPERTY OWNERSHIP AND DESCRIYfION 1.1 PURPOSE The purpose of tlú! S~on is to set forth the location and ownership of the property, and to describe the existing conditions of the property propo:>ed to be developed under the project name ofNapl~ Heritage Golf and Country Club, 1.2 LEGAL DESCRIPTION The 5ubjeCt property being 572.8 acres is d~bed as: The North Half of t~ Non.h HaJf of Section 10, Township SO South, Range 26 East, Collier County, Florida., less t~ Eutc:r!y 100 feet thereof. And The Ea51 Half of Secúon 9. T own.\lúp 50 South, R.ange 26 Ðtst, Collier County. Florida. Except the West Half of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 9. Township 50 South, Range 26 East, Collier County, Florida ArId The Southerly I) 70 feet of the Southeast Quarter of Section 4, Township 50 South, Range 26 East, Collier County, F:orida., lying southerly of Davis Boulevard (S,R. 84) And The Southeast Quarter less the Southerly 1370 feet of Section 4, Township 50 South, Range 26 East, Collier County, Florida, lying Southerly of Davis Boulevard (S.R. 84), And The North Half of the West Half of the West Half of the Southwest Quarter of Section 3, Townslúp 50 South, Range 26 East, CoUier County, Florida, lying southerly of Davis Boulevard (S,R. 84), 1.3 PROPERTY OWNERSHIP The subject property is owned by Clyde Quinby, as Trustee, and U,S. Home Corporation. 1.4 PHYSICAL DESCRIPTION ~ development property is an a.uemblage of 36 ~.parateIy owned parce!s aggregated to be under the jurisdiCtion of the Naples Heritage Community Development District created and established September 24, ] 996, through adoption of Ordinance 96-57, under the provisions of Chapter 190, Florida Statutes, I-I 128 3 ElevatiolU of the property range trom 9,5' to 10.5' above mean sea level. Th~ site contains extensive area..s of jurisdictional w~tands including both submerged wetlands in wruch cypre~s and associated vegetation dominate, and transitional wetlands in wruch the predominant vegetation is 3 mix of pine and cypress and associated upland and wetland plants, The property has been partiaHy developed with residential a.nd golf course land uses, !'oiaturaJ drainage is southwesterly, The approved water management regime for the project utilizes lake and natura! wetland åetention areas wlúch will result in the post development surface water discharge volume being less than the pre-development discharge volume, l.5 PHOJE<.ï DESCRIPTION The Naples Heritage Golf and Country Club PUD shaJJ be a residential developmcm with diverse recrutional amerúty opportunities. The amenities proposed to be provided in the project include, but are not linúted to, an 18 hole golf course and related suppon facilities, structures and areas to provide social and recreational space, lakes, natural and landsca.ped open spaces, and a diverse variety of passive and active recreational opportulÚties, Each re5idential unit will be served with centrally provided potable water, sanitary sewer, electric power, and tclephone, Additional services y,;!I be provided as deemed appropriate, Approximately 358 acres of the 573 acre project is planned as a stormwater catchment basin, Approximately 75 acres oflaJces and 269.5 acres ofnatural/presef'.e area are included in this area Stormwater originating on lands to the north of the project will flow through the project by using culverts, swales, and preserved areas of the site in a rna.nner intended to duplicate predevelopment conditions, Flood protection will be provided to the project by raJSmg buildings, roads, etc. in confonnance with South Florida Water Management District criteria, The South Florida Water Management District criteria for building pad elevation is the lOO-year/zero- discharge stornl elevation, and the mirúmum road elevation is bued on the 25 year storm event, After heavy rainfall event!, surface waters stored in the catchment areas will be slowly discharged through small bleed-down structures into the existing preserved wetland s!ough, Off-site outfalls which receive stormwater discharge ITom the property willlikdy undergo modification in the future due to developrnent.lmodific.ation, at which time modificatiolU to the Naples Heritage Golf and Country Club water management plan may be required, 1.6 SHORT TITLE This Ordinance shaH be known and cited and the "Naples Heritage Golf and Country Club Planned Unit Development Ordinance" 1-2 128 3 SEcnON II PROJECT DEVELOPMENT REQUlRJ:.MENTS 2.1 PURPOSE The purpose of this Section is to delineatt and generally d~be the project plan of development, relatioruhips to applicable County Ordinances, the respective land uses of the tracts included in the Naples Herit.1ge Golf and Country Club development, as well as other project relationships, 2.2 GENERAL A, Regulations for development of Naples Heritage Golf and Country Club shall be in accordance with the CODlents of this document, PUD-Planned Unit Development District and ether applicable sections and patU of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit apPüc.Won. Where these regulations fail to provide developmentAl $tandards, then the provisions of the most similar district in the County Land Development Code shal.I apply, B Unless otherwise noted, the definitions of all temu shall be the same as the definitions set fOM in the CoUier County Land Development Code in effect at the time of building permit application. C. All conditiOtU imposed and all graplúc material presented depicting restrictions for the development of N:1ples Heritage Golf and Country Club shall become part of the regulations wlúch govern the manner in which the PUD site may be developed, D, Unl~ modified, waived or excepted by tlús PIJD, the provisions of other sections of the Land Development Code, where applicable, remajn in full force and effect with respC'.ct to the development of the land which comprises this PUD. E, Development pernûtted by the approval of this petition will be subject to a COliQJJTency rC'VÎew under the provisions of Division 3,1 S, Adequate Public Facilities, from the County L.and Development Code, at the earliest or next to occur of either Final Site Development Plan, Final Plat approval, or building permit issuance applicable to this development, 2.3 DESCRIPTION OF PROJECf PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land for the various tracts is ilIustra1ed graplúcally by Exhibit "An, PUD Master Plan, There shaU be three land use tracts. portions of wlúch may include water management lakes or facilities, :md private street rights-of-way, the general configuration of which is also illustrated by Exhibit "An The PUD Master Plan is also the Preliminary Subdivision Plat. II-I -"-,--",-~~.~~,.y~-,".",,,- 128 ~ TABLE I PROJEcr LAND USE TRACrS ACREAGE± 96 TYPE !.llill.S. TRACT "Rn RESIDENTIAL &47 TRACT "CR" COMMONS\RECREA TION 0 TRACT uP" PRESERVE 0 208 269 B Areu illustrated as lakes by Exhibit "An shall be constructed as lakes or, upon approval, patU thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes, Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by EJÙÚbit "A", Minor modification to all trar.t.s, lakes or other boondMies may be pemlitted at the time of FinaJ Plat or Site Development Plan approval, subjec.t to the provisions of Sections J,2,63" and 2,7.3,5 respectively, of the Collier County Land Develop~t Code, or as otherwise pemútted by this POD document. C. In addition to tt·,e various areas and specific itc:rn.s shown on Exhibit "A", such easements as neceuary (utility, private, semi-private, etc,) shall be established within or along the various tracts as may be neceS3aT)', 2.4 MAXIMUM PROJECT DENSITY A rru¡x.imum of &4 7 re$Ìdent.ia.l dwelling units may be constructed in the total project area, The gross project area ÍJ approximately 572,8 acres, The gross project density, therefore, will be a maximum of 1.47 dwelling units per acre, 2.5 PROJECT PLA1'oj APPROV AL RF..QUIREMENTS A P!ÍQr to ~ rocording of a Record Plat for all or part of the PlJD, finaJ plM.s of all rC1~uired improvements shall receive approva] of the appropriate Collier County govcmrnentaJl1&cncy to insure compliance with the PUD Master Development Plan., the Collier County Suodivision Code, and the planing laws of the State of Florida, 8, Exhibit "A", PUD Master Plan. constitutes the r~l1Ïrtd PUD Development Plan and Prclimirwy Subdivision Plat Except liS provided for hercin, any divi:sion of property and the development of the land :shAll ~ in compliance with Division 3.2 of the Collier County Land Dt:ve!opment Code, and the platting laws of the State of Florida, C. The prOvÎsroos ofDi~oo 3.3 OfÙIC Collier County Land Development Code. wbct1 applicable, shaJI apply to the dcvelopmt:r.t of ;ill platted tracts, or parcels of land as provided in ~d Division prior to the is.suaoce of a building pemút or other d:!'VelopnlCl1t order, E, Appropriate instrum~lts will be provided at the time of inftastructura1 improvements regarding any d~cacions and method for providing perpetual maintenance of common facilities, Il-2 128 3 F, The golf coury. and related suppon facilities, including construction trailers and golf cour!se maintenance facilities, may be developed prior to the approval of Subdivision Construction Plazu and Plat, subject to approval of an Early Work Agreement by Collier County Development Services Staff and the Board of County Commissioners, Use of the golf course may not occur until the required plat is recorded, all suppon infrastructure is completed and preliminary acceptance for the improvements is granted by the Board of County Commissioners G. Prior to the development of a zero lot line product (single-family detached UlÚts following the de-.¡eIopment standards set fonh in Sub-sections 3.4,B,2), 3.4,C,3), and 3.4,D,3) oftrus document), in wruch each UlÚt is on a separately platted lot, the developer shaJI submit a Site Development Plan showing the building envelope on all of the lots intended for zero lot line construction to the Customer Services Dc:partment for purposes of indicating zero lot line relationships. provision for achieving the minimum spac~ between bwldings, and Lo ensure that no one lot is adversely impacted by failing to provide the required sideyard in a ulÚfonn rnaruler, 2.6 SUBSTITUTIONS TO COUNTY SUBmVlSION REGULATIONS The foHowing Subdivision Regula~ons from the Land Development Code ("LDC") requirements shaJI be .....aived or the folJowing substitutions made: :\, LDC Section ),2,8.4,14: Sidewalks shall be constructed as shown of the road cross- sections attached as Exhibit "B", B LDC Sectioru 3,2,8.3.19: Street nanle signs shall be approved by the Development Services Director but need not mee1 the USD,Q,T,F,H,WA Manual on UlÚfonn Traffic Control Devices. Street pavement painting, street striping, and reflective edging requirements shall be waived, C. LDC Secticn 3,28.4,165: Street right-of-way widths shaH be as depicted in Exhibit UB'· ,D LDC Section) ,2,8.4.16,6: The 1,000 foot long cul-de-sac street maximum shaJI be waived, Dead-end street length shall be as shown on the approved POO Master Development Plan, E. LDC Section 3,2.8.4.16,9: The requirement that curved streets have a milÚmum tangent of75 feet at intersections shall be waived, F, LDC Section 3,2,8.4, 16 10: The requirement that tangents between street curves shall be reduced to 25 feet on Naples Heritage Drive, and may be waived on all other streets 2.7 LAKE SETBACK AND EXCAVATIONS ïhe lake setback requirements described in Section 3,5,7,1 of the Land Development Code may be reduced with the admilÚstrative approval of the Collier County CommulÚty Development and Environrnentnl Services Admirústrator, or rus designee, Lakes may be excavated to the ma;~imum commercial excavation depths set forth in Section 3,5,7,3,1. of the Land Development Code, however, removal of fill from Naples Heritage Golf and Country Club shaJI be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yard3), of the total volume excavated unless a commercial excavation permit is received, 11-3 -~-'- ....~~"_.....~~"_...".........- · ----- ---' ..--.--- - -~_._----~---------~.-.....----- .. ---- --- -- --- - .- 128 3 2.8 USE OF RlGHT$-OF-WA Y A All planed project streets shall be private and shall be classified as local streetS, Utilizat.ion of lands within a!1 project rights-of-way for landscaping, decorative c:ntranceways, and sign2.ge may be aJlowed subject to review and administrative approval by the Collier County Community D~elopment and EnvironmerMI S:rvices Administrator, or his designee, for engineering and safety coruidef3.tÍorus í'rior to installation, 8, Off street parlci.:lg required for multi-farnily U5eS shal.! be accessed by parlcing aisles or driveways which are separate from any roads which serve more than one development, A green space area of not less than ten (10') feet in width as measured from pavement edge shall separate any parlcing aisle or driveway trom any abutting ro<'.d, 2.9 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan., Exhibit "An, as provided for in Section 2,7,3.5, of the Collier County Land Development Code, Mioor changes and refinements as described in Section 6.3.C, of this PUD document may be made in connection with a.'y type of development or permit application required by the Collier County Land DeveJopment Code, 2.10 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shal.! be provided for water management area!, rights-of-way, utilities and other purposes as required, All necessary easements, dedi~tions, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this ordinance establishing Naples Heritage Golf and Country Club PlIO. Whenever the d~eloper eltcts to create land area and/or recreation amerutJes whose ownership and ma.intenance responsibility is a common interest to all of the subsequent purchasen of property within Naple3 Heritage Golf and Country Club, the d~eloper shall provide appropriate legal instruments for the esublishrnent of a Property Owners Association, or, wher: applicable, a Community Development District, whose function shal.! include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2,2,20,3.8, of the CoHier County Land Development Code. 2.11 MODEL HOMES AND SALES FACILITIES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be pennitted principal uses throughout the Naples Heritage Golf and Country Club PUD $Ubject to the requirements of Division 2,4, Division 2.5, and Section 2.6,33 of the Collier County Land D~elopment Code. The limitation of Sub!.ection 2.6.33 .4.1.5(a) of the Land Development Code, regarding the number of model homes allowed prior to plat recordation shal.! be applicable to each subdivision tract rather than each subdivision phase, II-4 ~"x,........_~_~~_ ---.-.- - - - .-.---...--.- _ _____----.-------.....---.----.----- ._....... .__......._4 ~_._ 128 3 2.11 fUJL STORAGE Fill storage is generally pcrnútled as a principal use throughout the Naples Heritage Golf and Country Club PUD, Fin material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locatio!".s, a Letter of Notification along with plan! showing the lo~tions and cross-sections shall be submitted to CoIlier County Engineering Review Services for review and approval, The following standards shall apply: A, Stockpile maximum side slope: 3: I B. Stockpile maximum height: thirty-five (35) ieet C Fill storage areas shaJl be screened with a security fence at least six (6) feet in height above grO\lnd level, except as may otherwise be approved by Collier County Engineering Review Services pursuant to submitted grading, filling, and revegetation plan, D, FiJI storage areas shall be no clo~r than 300 feet from any developed residential properties, except as may be approved by Collier County Engineering Review Services pursuant to a submitted grading, filling, and revegetation plan, E, Soil erosion control shall be provided in accordance with Division 3,7 of the Land Development Code, 2.13 REQUfRED ENVIRONMENTAL PERMITTING Where the developmcrot of land within Naples Heritage Golf and Country Club PUD requín:s a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such pemúts as may be required prior to the commencement of construction or alteration of the land specifically requiring such permit, 2.14 :>iATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coa.staJ Management Element of the Collier County Growth Management Plan, a minimum of 250;. of the viable, naturally functioning native vegetation on site is required to be reuined, This requirement is fully satisfied within the Preserve Area and other areas within the PUD. 2.15 LINKAGE TO COLLIER COUN1Y LAND DEVELOPMENT CODE Pursuant to Subsection 2,7.3.3, of the Land Development Code, upon adoption oflhe PUD Ordinance and i.ttcnd!mt PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code, and shall be the standards of development for the PlfD, Thenceforth., development in the area delineated as the PUD District on the Official Zoning Atlas will be governed by the adopted df:Velopment regulations and PUD Master Plan, Where development standards contained in this PUD document are set folth by reference to the Land Development Code, at the time of adoption, and are made to be less restrictive by future amendment(s) to the Land Development Code, those less restrictive standards shall apply to this PUD; otherwise, the standards in effect at the time of adoption shall apply, unless a speG-ific section states to the contrary. 2.16 DISCLOSURE The contract documents for the sale of any uniu, lot or parcel in the southwest one-third of the project that would be in the flight path of the runway at Shadowood PUD will disclose the proximity of this private airfield and the orientation oftbe runway. II-5 ~ 128 3 SECTION m . RESIDENTIAL DEVELOPMENT 3,1 PURPOSE The purpose of this Section is to identify specific development standards for areas designat~ as Tract "R" on the PUD Master Plan. Exhibit "A". 3.2 l\tAXL~UM DWELLING UNITS The m&.xjmum number of residential dwelling units allowed with.in the PUD ~hall be :established at the time of development plan review, but shall not exceed 847 dwelling units, 3.3 USES PERMJ1TED No building or structUre, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, A Principal Uses: 1) Single-Family dc:tached dwellings, 2) SingJe-famiìy attached dwellings, zero lot line and patio dwellings and/or multi-family dwellings. 3) Model Homes (See Section ';.,10 ofth.is PUD Document), B, Accessory Uses: ]) Customary accessory uses and structures including but not limited to private garages, tennis facilities, and swimming pools with or without screened enclosures, 2) Utility facilities and, or easements (including rights-of-way easements). 3) Signage (see Section 6,11 ofth.is document) 4) Water management facilitiesl1akes, 5) Project sales and administrative offices, which may occur in a residential or recreational building and/or in a temporary building until such time as permanent structures are available, 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein. all criteria set forth below sha11 be understood to be in relation to individual parcel or lot boundary lines, or between structures, Front yard setbacks :¡ha11 be measured ITom back of curb or edge of pavement, whichever is closer to the structure Condominiumlhomeowner's association boundaries shall not be utilized for determining development standards, III-I ......~~_.~--~.._.. -...-.... 128 3 ß, MIN1\illM LOT AREA I) Single family Iou: 9,000 square feet, 2) Attached '>ingIe family and zero lot line dwellings: 4,000 square feet of site area per dwelling unit, 3) Multi-family parcels: 1 acre c. A VERAGE LOT WIDTH: I) Single family lots: 80 feet, 2) Attached single family dwelling units: 30 feet per single story dwelling unit; 2S feet per two story dwelling unit, 3) Zero lot line Iou: SO feet, 4) Multi-family parcels: 150 feel. D MINIMUM YARDS (Principal Structures) I) Single family detached: Front Yard 2S feet, Side Yard: 75 feet. Rear Yard: 20 feet, Minimum o;stance Between Structures: 15 feet, 2) Single family attached: Front Yard: 20 feet, Side Yard: S f~ for one SIOry structures, and 7,S feet for IWO story structures, Rear Yard: I S feet, Minimum DistAnce Between Structures: 10 feet, 3) Zero lot line Front Yard: 20 f!';d. Side Yard: None on one side, 10 feet on opposite side, Rear Yard: 15 feet, Minimum Distance Between Structures: 10 feet. 4) Multi-family: Front Yard', 20 feet, Side Yard: 15 feet, or where adjacent to a golf course: 0 feet; or lake: 0 feet from the lake control elevation, Rear Yard: 20 feet, or where adjacent to a golf course: 0 feet; or lake: 0 feet from the lake control elevation, Minimum DiJltance Between Structures: 15 f~ or one-half of the sum of the heights of adjacent buildings, measured from exterior walls, whichever is greater , E, MINIMUM YARDS (Accessory Structures): 1) Single family detached: Front Yard: Same:u principal structure, Side Yard: Same as principal structure, Rear Yard: Detached: 20 feet. Attached: 10 feet. or where adjacent to a golf course 0 ftd.~ or lake: o feet from the lake control elevation. UI-2 A_'~'M.__"·"_~"~·>·~'··'····'·'"'·- ~ . 128 3 2) Single family attached: Front Yard: Same as principal structure, Side Yard: Same as principal structure Rf;af Yard: Det.I.Cbed: i 5 feet, Attached: 10 feel, or where adjacent tQ a golf course 0 feet; or lake: o fed !Tom the lake control elevation. J) Zero lot we: Front Yard: S~ as principal structure Side Yard: Same as principal structure Rear Yard: DetAched: 15 feet. Attached: 10 feel, or where adjacent to a golf course 0 feet; or lake: o feet from the lake control elevation, 4) Multi-fanúly: Front Yard: Same a.s principal structure, Side Yard: Same zs principal structure. Rear Yard: Detached: 2(1 feet. Attached: 10 feet, or where adjacent to a golf course 0 feet; or lake: o feet from the lake control elevation. F. MINIMUM FLOOR AREA: 1) Single family detaebed dwelling UTÚts: 1,500 square feet. 2) All other dwelling units: 1,000 square feet, G, OFF-STREET PARKING AND LOADING REQUIRE.\.ŒNTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building pemÜt application, H. MAXIMUM HEIGHT 1) Single family attached or detached, zero lot line: Two stories above the mín.irnum finisMd floor elevation. 2) Multi-fanúly, Four storie1 above the minimum finished floor elevation, J) Accessory Structure', 35 feel, or 2 stori~, whichever is greater, above the minimum finished floor elevation, except for attAched screen enclosures, which may be the height of the principal structure I. CLUSTER DEVELOPMENT In the event a housing project (including infrastructure), is designed with a conunon arcbitectura1 theme, the Collier County Devåopmem ~ices Director may permit va.ria!íons !Tom the pœ..ïously li.1ted resideøtia.l development regu1at:ioos. Prior to approval and subject to the provisions of Division 3.3 of the: Collier County Land Development Code, the Collier County Development Services Director shall insure that the plans are appropriate for and compatible with the surrounding area, and the buic in1ent of the PUD sundards are complied with. III-3 ,-~,.--....^-~..",>....-.._-~. 128 3 SECTION IV COMMONS\RECREA TION AREA 4.] PURPOSE The purpose of this SectiQn is to st:t forth the development plan and development mndard.s for the areas designated as Tract "CR", Commons\Recrea1Íon Area on Exlu'bit "A", The primary function and purpose of this Tract is to provide for access, project infrutrUcture, and aesthetically pleasing open areas intended to satisfy tbe residents' basic needs for a quality recreational OppcrtUlÚty, Any recreational, social, administrative or maintClW1Ce facility which may be indicated on the POO Master Plan, Exhibit "A", shall be considered conceptu.1l, and the placement of such facilities coruidered non-binding. Except in areas to be used for watt[ impour.dment., and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. 4.2 USES PERMITrED No buiJ¿ing or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in par., for Other than the following: A. Principal Uses: 1) Golf COUrst:3 and golf club facilities, including temporary and permanent golf dubhouscs, 2) T enrús clubs, health spas, and other recreational dubs ) Structures which house social, recreational, project marketing, administrative, or security facilities 4) Community and golf course maintenance areas, maintenance buildings. utility storage buildings, chemical storage buildings, essential services, irrigation water and efHUeDt storage tanks and ponds, water and wastewater treatment p18.l1U, utilities pumping facilities and pump buildings, utility and ma.in1enance staff offices. 5) Utility, w~er management and right$o-()f-way/access C35Cß1ents, 6 ) La.k~ and wlÚer l'TUI.I1:lgement facilities, 7) Cooscrvation areas/mitigation areas 8) Land U5e and/or landscape buffers, which mayor may not be easemenu, depc:od.ing on the buffer use. 9) Signage (see Section 6,10 ofthi~ documcm). 10) Open space U5eI and structures including, but DOt limited to nature trails, riding uails. fitness traili and sheiters, boardwalks. 1andsc4pe ruseries, gazebos. and piaùc areas. IV-I "_._,~_._"",_.- 128 3 \1) Pedestrian and bicycle paths. m other similar facilities constru<:"..ed for purposes of aCCCJs to. or passage through the oommons areas, 12) Small docks, piers or other such facilitie1 constructed for purposes of 1a.k.e recreation, for residents of the projcct 13) Shuffleboard court!. tennis couTU. 5wtmmmg pools. and ether fWties intendc.d for outdoor recreation, 14) Lake excavations as permitted by Division 3. S of the Collier County Land Development Code, B, Accessory Uses: ACCe5:K>ry, incidenu.! and subordinate commercial activities such as but not limited to those provided I-nein shall clearly be of such scope. size and proposed intensity that they are sustainable only by thc membership ofme golf courses and clubhouse, 1) Clubhouse. pro-shop, snack bars. practice driving range, golf cart barns, restIoomslsheltcrs. and other customary accessory uses of golf courses, 2) Small establishml:flts, including golf and tennis equipment sales. restaurants, cocktail lounges. and similar uses. intended to exclusively serve patrons of the golf coursc and other pmnitted recreational facilities 3) Cu$tomary accessory uses or structures incidental to recreational areas and, or facilities. including structur~ constructed for purposes of maintenance. stonlgc. reaea110n or shelter with appropriate screening and 1an<:Ucaping. 4) One (1) caretaker's residence for the golfingltemûs facilities. 5) TelecotNI1Urúc.ations facilities. including, but not limited to digital. fiberoptic. microwave. satellite, UHF. VHF, FM, AM, Short-wave. and otbu sending and receiving facilities and structures. subject to applicable pemútting. and written approval by the developer or master homeowner's as5OCÌatÌon, 4.3 DEVELOPMENT REGULA TlONS A, OverlÙl site design shall be harmorúous in terms of landscaping, enclosure of stf"J"1Ures. lou.tion of r.,ccss streets and parking areas. and location of buffer areas. B. Setbacks: 1) Country Club (Principal structures): From Yard: 50 feet ITom abutting residential parcels. otherwise 0 feet, Side Yard: 25 feet nom abutting residential parcels. ot.hcrwisc 0 feet. Rear Yard: None. Accessory Structures (all yards): 10 feet, or where adjacent to golf course 0 feet; or lake 0 feet., measured £Tom the l&ke control elevation. 2) Other Recreation Areas (All buildings): Front Y It'd: 20 feet. or where adjacent to golf course 0 feet; or lake 0 feet, measured nom the lake control elevation. Side Yard: 10 feet. or where adjacent to golf course 0 feet; or lake 0 feet. measured from the lake control elevation, Reu Yard: 10 feet. or where adjacent to golf course 0 feet; or lake 0 feet, measured nom the lD.ke control elevation, IV-2 ~,~ "....~,,,.,.,, ..~.._,.~........- ,.'. 128 3 C. StruCUJres adjaum to one: another sha.l1 be sq>a.ratcd by a minimum of 10 fea, D. Lighting faciL~ shall be arranged in a 11'UI.."U1I:1' whicl1 will prott:Ct roadways and neighboring pro¡>ertÍes from direct gJAre, or other inlerfen:nce, E, A Site Development Plan in compliance with Division ),} of the Collier County Land Development Code shall be required, except for USc:S authorized by t.he golf course Early Work Agreement. as set forth in Section 2.5 F, of this document F, Maximum Height: I) Principal Structures: 60 feet, 2) Accessory Structures: 40 feet, except telecomrnulÚcatio!1! facilities and structures, G, Off-Street Parláng And Loading: As required by the Colüer County Land Development Code in effect at the time pemúu are requested. H, Caretaker's Residence: One (1) careu.lcer's residence shall be permined for the golfing/tennis facilities, j subject to the following: ~ oF I) The residence shall be cont as an integral part of the ma.ín golf L~ :P. ~ clubhouse facility, a.od s 1 be entered from within the ;Ee~ ,ff4 clubhoweJfacility. AI! exiu required to comply with fire codes shall be) pmnitted 0/1 2) The caretakers' residenœ.s shall be an accessory use, and shall be for the I exclusive use of the property owner, tenant, or designated employee operating or maintsining the golf course, 3) Off-street pa.r1ång shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Developmc11t Code in effect at the ti.:ne of Site Devdopmcnt Plan application. Parking for the caretakers' residences shall be in Addition to My other required puking facilities, 4.4 BUFFER DEVELOPMENT REGULA nONS A. Buffer Types: I) Land use ou~-~ ~hall be ea.sernents, generally located along the project's perimeter, intended to protect re!idcntial land uses from possible impacts from adjacent off-site road......ys and/or off-site land uses. Land llSC buffers may aJso be utilized within the proj~ OOundaries, at the discretion of the developer, Land use buffers may be landscape buffers and, or earthen benn.s and, or fences/waUs. 2) Landscape buffer; existing native plant types may be utilized and, or; 3) Earthen bernu and, or; 4) Fences/walls: 9 foot maximum height. IV-3 "'~.,. ,'-...--.--."...,.,.......,-,- 128 3 ß, Buffer Development Standards: In addition to the development standards set forth below, the provisioru of Section 6,11 oflhis document shall also apply. 1) La.o.:! IUe buffcn, bemu, fences and walls may tIC r.on.strucied along the perimeter of the Naples HeriUge Golf and Cowttry C1ub PUD boundary prior to Subdivision Platting aud Site Development PIIJ1 submittal, AJI such Areas mwt be included in a landscape or butTer euement on Final PIau, or in a separate recorded instrument, 2) All other projCCl property boundaries shaJI have land uS': buffer widths in compliance with Division 2.4 trom Collier County's Land Development Code. J) Except as provided for above, and in Section 6.11 of this document. buffer improvemenu shall be in conformance with Division 2.4 trom CoJIjer County's Land Development Code, 4) Types and numbers of plantings for project perimeter land use buffers shall be submined with Construction PIIlIU and Plat application(s) Plans shaH depict how the perimeter land use buffers will be irrigated, rV-4 ... '.~'"" .".....,"~_.~.,,--",~,_.- ~,.., .~_... -..-----------.--..............-..-.-."..-. .. . f ----.c" 128 3 TABLE (J DEVELOPMENT STANDARDS DEVELOPMENT StNGLE SfNGLE ZERO MUL 11- COMMONS ST ANDAPDS FAMILY FAMlLY LOT LINE F AMlL Y RECREA110N DET ACHED A IT ACHED USES ~çIPAL~JJU;ÇTURES MINIMlJM LOT AREA 9.000 S,F, 4.000 S,F, 4.000 S,F, I ACRE NOT APPLICABLE AVERAGE LŒf WIDTI1 80 FEET )0 FEET' 50 FEET 150 FEET NŒf APPLICABLE 2~ FEET¡ MIN, FL()('"R AREA 1,500 S, F, 1.000 SF 1,000 S,F 1.000 SF NOT APPLICABLE FROI-ITYARD 2S FEET 20 FEET 20 FEET 20 FEET 50 FEET! 20 FEET' SIDE YARD 7,~ FEET 5 FEET' o FEET&: 15 FEET' 25 FEET! 7.5 FEET: 10 FEET J 0 FEET' REAR YARD 20 FEET 15 FEET 15 FEET 20 FEET' NONE! 10 FEET' MlN, DIST. BETWEEN STRUCTURES 15 FEET 10 FEET 10 FEET IS FEET" J 0 FEET MAX BLDG, KT 2 STORIES: 2 STORlES' 2 STORIES' 4 STORIES 60 FEET: ðÇ£E~ STRUCTURES FROI-IT S,P,S, S,P,S. SP,S, S,P,S, 10 FEET' S,P,S' SIDE S.P.S, S,P,S SP.5 S,P.S, 10 FEET' S.P,S· REAR(ATrACHED) 10 FEET' 10 FEET' 10 FEET' 10 FEET' 10 FEET' S,P,S.· (DET ACHED) 20 FEET J 5 FEET 15 FEET 20 FEET JO FEET' S.P,S· MAX, BLDG, HT, ) 5 FEET' ) 5 FEET' ) 5 FEET' 35 FEET' .wFEIT S.P,S,: Same as PrincipaJ Structurc3, IV-S I Applicable 10 sin¡Ic swry dm:1!ing UDÍII. : Applicable to two SUIfy dwdling UDÍts, ! Applicable o!ùy to !.he golf counc cIubbousc, and o!Ùy applicable from raic.kntíal pørcels. otherwise IIOD( (0'), · Appicable 10 ;¡J 1 other recreational bu.iJdi.op DOt associated with the golf cnu.I'R c1ubbouse, Where such rccn:aúona! builCinp an: aqjaœn1 to golf course - none (0'), or 1ake - DODC (0') measured from the 1ake conuol C\levaúoD, , Where adjac:enlto a golfooune - nooc: (0'), or l.ake - none (0') 1III".a.~ from the 1ake control elevation. · 15 feet. or one-half of !be sum of !be bcighLs oC adjacent bui.1dinp. meas:urcd from exterior ·Nalls. whicheYer is greater, ; B¡¡j}d.ing height shall be measured from minim¡;.m finished floor elevation. '35 feet. or 2 stories, wb.ichever is grea~.r, above the m.inimum fi~ floor c1e\'1Ition. except for :attaChed screen enclosures, wb.ich may be !be height of the principal stn.JctUre. · 40 feet, exçept telecommunicaúons faciliúes and strecturcs, 128 3 SECflON V PRESERVE AREA 5.1 PUR?OSE The purpose of this S~on is to set forth the development plan for arca.s daignII1ed as Tract uP", PrC!CTVe Area on Exhibit "A", PUD Master Pian. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally funcciooing habitats, such as wetlands, in their natural state, 5.2 USES PERMI1TED No building or structure or part thereof. shall be erected altered or used. or Iaad used. in whole or in part, for other than the following, subject to regicxW. State aDd Federal pamiu. when required: A, Principal Uses: I) Open spa<:eflNature preserves, 2) Water management facilities. 3) Signa.g~ (see Section 6.10 of this documeøt). 4) Mitigation areas, 5) Small docks, piers or other such facilities coostrUCted for purposes of lake recreation for residents of the project, subject to appropriate approval by permitting agencies. 6) Hiking trails. riding trails and golf cart paths or other such facilities constructed for the purposes of passage through or enjoyment of the site's natura! 4ttributes. 5Ubject to nppropnnte approval by permitting agencies. V-I 128 3 SECTION V1 DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this S~ion IS to set forth the development commitments for the dev~lopmcnt of the project 6,2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and locaJ laws, codes, and regulations applicable to this Pill), Except where specifically noted or stated otherwise, the standards and specifiC<1tions of the Land Development Code of Division ],2 shalJ apply 10 tms project even if the land within thc PUD is not to be platted, The developer, ms successor and assigns shall be respol15ible for the commitments outlined in this document, The developer, ms successor or assignee, foUow the Master Development Plan and the regulations of the PUD as ðdopted, and any other condition.~ or modifications as may be agreed to in the rezoning of the property, In addition, any successor or assignee in title to the developer Í$ bound by any cornmitmenu within this agreement 6.3 PUD MASTER DEVELOPMENT PLAN A. Exhibit ~A". PLTI Master Plan illustrates the proposed development and is conceptual in na11IrC. Proposed tract. lot or land use boundari~. or special land use boundaries shaJI not be construed to be final, and may be varied at anytime at any ~ approval pbue as may be executed at the time of fm.a1 platting or site developmcm plan 4ppticaùon. Subject to the provisions of Section 2.7.],5 of the Land Devdopmerrt Code. amendments may be made fÌ'om timc to time, ß. All necessary easements, dedications, or other instruments shaJJ be granted to insure the continued operation and maintenance of all services and all common areas in the project. C The Community Devclopment and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Napl~ Heritage Golf and Country Club PUD Mastcr Plan upon written request of the developer, I) Thc following limitations shall apply to such requests: a, The minor change or refinement shall be consistent with the Collier County Gro....1h Management Plan and the Naples Heritage Golf and Country Club PUD document, b, The minor chAnge or refinement shall not constitute a substantial change pursuant to Subsection 2.7,],5,1. of the Collier Count)' Land De"t'elopment Code. c. The minor changc or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water ma.n:¡gement facilities, and Pre!:Ct've Areas witmn , or external to the PUD boundaries, VI-l .-.~.~"".",._..,,_._"_'-_' 128 3 2) The fonowing shall be considered minor changes or refinements, subject to the Iimi"'&úons of Subsection 6.3.C.l) of this do<:umøn: a. Reconfiguration of Preserve Area.~, jurisdictional wetland 1i.'TlÍu, and mitigation features as a result of regulatory agen(..ÿ' re-.iew and ¡x:nr.itting. There may be no overall decrease in Preserve Area, b. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of thl: South F10rida Water Management District and Collier County c. Reconfiguration of golf course envelope3 and design features, d, Internal realigrunent of rights-<>f-way other than a relocation of aœess points to the PUD, e, Reconfiguration of residential parcels when there IS no proposed en<:foachment into Preserve Areas. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regullltions prior to the Administrator' 5 consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independcnt.ly trom and prior to any application for Subdivision or Site Development Plan &pproval, however, the Administrator, or his designee's approval shall not col13titute an authorization for development or implememation of the minor change or refinement without first obtaining all applicable County permits and approvals, 6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. This PUD i.\ subject to the Sunset Provisions of Section 2,7,3.4 of the Land Development Code. B, An annual POO monitoring report shall be submitted pursuant to Section 2.7,3,6 of the Land Development Code, 6.5 TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: ,6., The developer shall provide left and right turn lanes on Davis Boulevard before any certificates of occupancy are issued, Construction of these lanes shall be coordinated with similar construction required of the Twelve Lakes PUD on the other sid~ of Davis BouJevard, The developer shall provide an easement not to exceed twenty-five feet (25') in width for additional right-of-way aJong the south side of Davis BouJevard for future turn lane, drainage and sidewa1kJbike path purposes, The c:uct amount shall be dctennined when a Right-Of-Way Permit is applied for and the easement shall be granted prior to construction of said facilities. VI-2 .,-........,_..~-_...~,-.-.,~--_. .-- -.---------- 128 3 B. The dev~loper shall provide arterial level street lighting a~ the project entrance in conjunction with i~s construction of the entrance to the project. C. The developer shall make a fair share contribution toward the capital cost of a traffic signal on Davis Boulevard when deemed warranted by the County, The signal shall be owned, operated and maintained by Collier County, o A11 t.affic control devices used, excluding street signs, shall confonn with the Manual On Unifonn Control Devices (Chapter 316,0747. Florida Statutes), E Gatehou!le facilities shall be designed and located so as not to cause vehicles to be backed-up onto any public roadway F. The improvements listed in 6,5. A-E, are considered "site related" and shall not be appJied as credits toward any impact fees required by that ordinance G. COmITÚtment is hereby made that the southerly 100 feet of that portion of the Naples Heritage Golf and Country Club project which abuts the south line of Section 9, Township 50 South, Range 26 East will be reserved for possible future public thoroughfare right-of-way acquisition if and when requested by the County, 6.6 WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A The EAB has approved the Naples Heritage Golf and Country Club Conceptual Water Management Plan for rezoning purposes, Prior to water management construction permit issuance, the Collier County Development Services Department will re-.;ew the Master Water Management Plan in greater detail and must review and approve the detailed water management construction plans for each phase of construction, 6.7 UTILITIES A, Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned. and maintained in accordance ....;th Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations, B All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates, C, If requested by the Collier County Utilities Department, the Developer shall provide to the County Water-Sewer District a master pump station site utility easement along the Davis Boulevard property line at the northwest corner of the property, or as close to that location as possible when certified as needed by consulting engin~rs for the County Water-Sewer District. The site shall be at least one-hundred foot (! 00') by one-hur.dred foct (100') square in size, The developer shall be entitled to impact f~ credits for the fair market value of the property, D, Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposaJ, subject to pcnnitting under F.A.C. IOD-6, and may use potable or irrigation wells, VI-J ..~~",....."..,..__..~,_...-- ... 128 E. Golf course rest 5Utions and maintenance buildin~ rray be permitted to use septic tanks or holding tanks for waste disposal, subject to permitting under FAC. 100-6. and may use potable or irrigation wells, F The on-site water distribution system serving the project must be COMected to the Collier County Water-Sewer District's water main avai!ablt: and adjacent to the project boundaries consistent ....ith the main siLe a11d the reqUliements specified in the project's Utility Master Plan, and extended throughout thc project, During the design of these facilities, dead-cnd mains shaB be O'jrúmízed by looping the internal pipeline network, where feasible, The County recognizes there are en.ironmental constraints tha.t may prevent looping, G, The project's developer, his assigns, or successors may negotiate an agreement with the Collier County Water-Sewer District for the use of treated effiuent within the project for irrigation purposes for the golf course and/or common area, The developer shall be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project, and shall negotiate with the County to provide full or partial on-site storage facilities, as required by the Florida Dcpartment of Environmental Protection ("FDEP") consistent with the volume of treated wastewater to be utilized. H Within the project, landscaping (including palm trees, shrubs and ground cover), sidewalkslpath3 will be allowed within a utility easement, including placement within 3 feet of a utility line, Canopy trees may be located 7 feet from the utility line, said 7 feet being measured from the trunk of the tree to the center of the utility line, Reconstruction of sidewalk/paths, or modification/reinstallation of plant materials due to necessary maintenance of utility lines will be thc responsibility of the deyeloper, its successors, or assigr13 6.8 ENVIRONMENTAL The development of this PliD Master Development Plan shall be subject to and governed by the following conditions: A. The developer shall be subject to Division 3.9 of the LDC (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a trcc removal permit prior to any land clearing, A site clearing plan shall be submitted to the CoBier County Development Services Director ("Director") for his review and approval prior to any work on the site, This plan may be subnútted in phases to coincide with the development schedule, The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible, and how roads, buildings. lakes. parking lots. and other facililies have been oriented to accommodate this goal, 8 Native 5pecies shall be utilized, where available, to the maximum extent possible in the site landscaping design, A landscaping plan will be submitted to the Director for his review and approval. This plan will depict the incorporation of native species and their núx with other species, if any. The goal of site landscaping shall be the re- establishment of native vegetation and habitat characteristics lost on the sÍ1e during construction or due to past activities. C, All exotic plants, as defined in the Collier County Land Development Code, shall be removed from development areas and, open space areas during each phase of construction Following site development, a continuing maintenance program shall be implemented to prevent reinvasion of the site by such ex.otic species The maintenance plan, which describes control techniques and inspection intervals shall be subnútted to and approved by the Director, VI-4 1- "I _...,~,.,._"",""_.,~,- 128 3 D, If, during the course of site clearing. excavation, or other constructional activities. an archaeologiail of historical site, artifact, or other indicator is discovered, 211 development at that location shall be immediately stopped and the Director notified, Development will be suspended for a sufficIent length of time to enable the Director, or a designated consultant. to as~ss the find and d~emùne the proper course of action in regard to its salvageablility, The Dirwor .,.,jll respond to any such notification in a timely and efficient manner so as to provide only minimaJ interruption to construction activities, E. In the event that any portion of the project planned for development is detemúned to have a reasonable likelihood to contain archaeological artifacts, an archaeological survey of the areas must be conducted by qualified personnel subject to the approval of the Director Results of the survey must be submitted to the Director for review and, if warranted. additional actions taken as outlined in requirement "D" above, F. Alignment of all golf cart paths slWl accommoo1.te existing native habitat, as currently permitted, Widths of paths through wetlands will be kept to an absolute min.imum (i,e, between holes 8 and 9), G, Final alignment and configurations of water management structures (lakes, swales, etc) shall be subject to minor field adjustments to minimize habitat destruction, H. I f, during the course of clearing or construction activities, plant or animal species identified in the Florida Game and Fresh Water Fish Commission, July 1987 edition of "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" are identified, a survey for the pre~nce and distribution of such protected species slWl be conducted by qualified personnel subject to approval by the Director. If warranted. project designs shall be adjusted and/or individuals and/or populations of protected plants and/or animals relocated to preserve areas (or other appropriate ueas approved by the Director) to insure the survival of the species, Ret~ntion/relocatjon efforts will include all species identified in the survey, Native plant materials which must be removed from lake, golf course, roadway and building construction sites shall be, to the extent practicable, transplanted to appropriate areas of the project, Ex.amples of plant species appropriate for transplanting include sabal palms (Sabal palmetto), wax myrtle (Myrica cerifera), dahoon holly Wex canine), blechnum ferns rnlechnum SD, ), myrsine (Mvrsine quianrnsis), and red bay ~sea borbon.ia), The objective of this requirement is that native plant material which would otherwise be destroyed shall be transplanted whenever such action confonns to sound landscaping practice, The basic criteria for thjs practice is that the plant material be of good quality, that it have good tra.nsplantability, and that there be a need for it in other areas of the project. J For parking lots in multi-family areas, the developer shall investigate the use of paver bricks or other pervious or serru-pervious materials which can be used in lieu of traditional asphalt paving so as to reduce the amount of impervious surfaces, chemical runoff, maintenance, and potential installation expense, K. F or all of the stipulations above, mutual agreements must be reached between the Director and personnel of Naples Heritage Golf and Country Club, If mutual agreements cannot be reached, the matter will be brought before the EAB or whatever County environmental review board is in existence at the time of any dispute, This goverrung entity will act as an arbitrator for any disputes, If arbitration is futile, the matters will be brought before the Board of County Commissioners (BCC), with the BCC to act as the final arbitrator, V1-5 128 3 6.9 ACCESSORY STRUCTURI.S Accessory strUctures may be constrUcted simultaneously with., or foJlowing the construction of the principal structure, except for a construction site office and model center. 6.10 SIGNS All sigru shall be in ac.cordance with Division 2.5 of Collier County's Land I>evdopment Code in effect at the time of Site Development Plan approval, with the foDowing exceptions: A, Project Identification Signs - Two ground, wall. or gate project identification signs :nay be loca1ed at each entrance to the devp.lopmem, and two project ider.tificarion sigru may be located on Davis Boulevard (S,R. &4), and one additional project identification sign may be located on County Road 951, all subject to the foUowing rtquirements: I) Such signs shall contain only the name of the developmcm, the insignia, or motto of the deveiopment, and shall not ccnt&in promotional or sales rn.aterW. 2) Project idcotiñC4tion signs shall not excud sixty (60) square feet, excluding mounting surûces or structurC$. Wbere signage is affixed or an integral part of a wall or fe:nce, the face of the sign may prot.n.J(,e above the upper edge of the wall or fcnce, but r!".ffiaÏn subject to height restrictions. 3) No project identification signs shAll exceed the height of 1 0 feet above the fini!bed ground level of the sign sire, 4) Project identification signs may be lighted, provided ail lights are welded in a manner which prevents glare on adjacent roadways, or into adjacent residence.s, B, Project PromoUon Si[l1lS - Two ground or wall signs may be located at the project's frornage on S,R. 84, ar.d one (I) ground or wall sign may be located on the project's fronuge on S.R.. 951 for ~ purpose of promoting the developmem or any major use in the development, subject to the foHowing requirements: I) Any promotional signs shall not exceed 100 square feet, excluding mounting surfaces or structurC$. 2) No promotional sign sball exceed a height of 10 feet above the average finished ground level of the site, 3) Promotional signs may be lighted, provided all lights are shielded in a manner which prevCIlts direct glare on adjac.ent roadways, or into adjacent residences, Vl-6 ."""0''''''''''''''''''''''-'-- 128 3 6.11 LANDSCAPE Bl1F7ERS, BERMS, FENCES AND WALLS LandM:ape buffer5, berms, fences and walls are gener!lly permitted as a principal u~ throughout the Naples Heriu.ge Golf and Country Club PUD, except in Preservf: Areas, The following standards shall apply: A, Landscape berms sha1l have the maximum side slopes: 1) Grassed berms 3: 1 2) Ground covered bernu 2: 1 3) Rip-Rap berms I: 1 4) Structural walled berms may be vertical B. Fence or wall ma.WTtIIm height: 9 feet. as measured from the finished grade: of the ground at tIu: bue of the fence or wall, For the purpose of úús provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road. unless the fence or wan is constructed on a perimeter landscape berm. In these CI.!CS. the fence or wan shall not exceed 6 feet in height from thf: top of ham elevation with an average side slope of greater than 4: 1 (i,e, J: 1, 2: I, 1: I, or vertical). C. Pedestrian sidewallcs, golf cart paths, bike paths, equestrian riding trails, water management facilities and structures may be allowed in landscape buffer areas, 6.11 LANDSCAPING FOR OFF-STREF.T PARKING AREAS Ail landSCAping for off-street parlång areas shall be in w::orÓAJY'..e with Division 2.4 of the CoUier County Land Development Code in effect at the time of building pmnit appücation. 6.13 POLLING PLACES Pur3UaIlt to Section 2.6,30 of tile Land Developmerlt Code, provision shall be made for the future use of building space within common area! for the purposes of accommodating the function of an electoral polling pla.ce. An Agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the officiaJ records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownersrup of such common areas including homeowner's associations, VI-7 ,~,,-,_.,".~......" -"""",-~- ~ Q).c 0).2 (Q 0 z .... < . - >-'...J '- .:: a. Q) C a: ... ::J W ... 0.... ücn < <.n "0 ::E (1) æO - ::;) c..... 0.. (00 Z" ! , il !j I. . II í c it . .a ~~I IL'i \~I [2;1 c ~ ~ ~ ~ I , EXHIBIT "A" I \ 1111 ìU c w .... ~ to- ~I :0 \ ( 'z ~ :~ ¡III i I I· a.1 I HI ¡ I ~ ~ ¡ i ~ ~ 128 3 I 1 I " . .. 111111 2·"¡1 I I I I I I I I I I I I I 1 I I I I I I C I I c [ll:::=~~j ~ a=~ ~ _..;<. ....""''>~*,.....,.."....,,._--' 128 3 EXHIBIT "8" 'ON R/W I " ~C'UU--1 I r~, I '" - , r -1 . 'Il" ._ T",,! ~I R/w i ~ASS~ ,¡-ç71 \ ~~ ~O' It/", ~ .+ ". CONC r... CAAO( 1~ c.... 'tit.. ()lit .,W 50' ROAD R.O, Vi, R/W "'-/VI I : 60' It /'" I '{ ¡ I r ~ss CIIIASS "'~r' ,,' '2 "N CO JoD( CONe, ·r s"'.. WI-I's( ()IO .... 60' ROAD R. 0, W, R/W I I oller rt/'W 100' It/_ ~ ...."'- .~). !Ie' ---4 IS><OJU)(I (¡""'\/(' ,- S 1 ..oc-o...... r t' -¡-- 1" I ,. I ~ ~Tr- I HI' .-J., T ~ --, . '" .- I' c:ooc. CQÞoCIt('!t I <Z1NC. 1'IPt S, vN.Lrf QJ'TtJI \ ~ ~'////o"// at..." 100' & *110' ROAD R 0, w, McANL Y ENGINEERING ~q~~'J~£'III~ ... ~ MØt1U1\lllC -.., ,'.. ,....... ..... IAS'. .... au ~~ 1UlllLa.. J\.CII'I04 .)01111 I 3"... II &0. T 10 I. . U It. ::OWD. COUW1'Y. n.o..... (..., ".,.....,.,. 'AI ,"I') "....ttJI SC>U:..!L!.L OWI,:~.G. _,: .c.w, ~It: ll!lŒ- __,, "" IV ..._, ~_ _ _ oc. ""' _OCSIDMII 0'0'õ. r>,.(, '-KCTS rOl\: V,S, HOME CORPORATION , O'.:soaPl1CH, WAPU:.s H!:RIT ACE COLT II COUNTRY CLUB TYPICAL ROAD CROSS-StCT10NS RfY'I c-a" \, ....go- ~ 'M. 01' ..... 1t¡:IIISIOHS "-""-'-""~-'-"-;"-" ~,.__.." ..------~...".-... --- - ~ .......,- .- - 1/-11 __a' -J .,..;; t-t <;"- ".':: 128- 4~~~ œ- ..... ..~ - - ,-.-..,.. -. V"-.--- - - .- -- ... -. -.. -.-.... ---- ,....-.. - ..- -...... C01.1)rR Ulwfn noRmA UQUIST lOa LEGA.L~UCIJ$ínG 0'1 PUBUC HJ:AR.INGS T. CIuk to die Boud: Pta. påc& die f.ll ~ btc II a: xxx Ncnaa1 kp1 ~ (DiIrpIay A4v., ~~. dC.) o Other: .........................................................~~~.a......................................... O'..........DqwlDIv; o-Doo.sa.....~J... -.: fttD na:Co( ~o/q ï" P'*ioI No. (If... p bdcI k~ \ Iioø): PUD-l2-33(1) ..~.. N"Þ)II(w. 0"-'" A.ddIaI): Mr. ~ R.. FaI'l:llndf07 J\J<:P. Pbnniftf ~tHd h~~~ 1523 Rnu D~ Ddft.. ~ FIarida ~104 Hale a. J...tm- 01.., petlCll(l) 10 be -.d&d by acö:'1 Otfiœ: (If mare II*'C is DeCIded, IAIda If~ albect) IürI. . r~ "" W"'-IIIIIœIISlœl.1IIJço, IIIfmIs 60714 Hc8iq ~ xxx~ BZA Odø Jloop~"" '1Icarm¡ ~ 'Bj ó) t. / 17 Basod DO .d",ûo,.cUIp.orilJ& IS ,¡¡,y. bdote ~ Nc..~(.) to be aed: (C~k:tr caiy it' ~): xxx N8pIa Daily News Odrer o LepUy R.cqaiRd PIupoIcd Text: (1ßcmde IepI ~~ .t. . . -nw:G J(ntÌ()n a. Size: ~ - ~ pec;Mn(1), it tØl'J at piopoMd lIcaJ:iq daft. Dca PdiäoJa Fcc iDcludc adva:t.iIin¡ aJIt1 ~ No If Yes. what ac:count sbœ1d be char¡ed for adva:t.iIin¡ a»a: 11J.I3IJ~9110 Rakw by: !IL~ Approved by: DiYiIiœ Held 7- /~q-) 0. Cœury Maaqcr DIlle Lilt }.~~. DNrRYRU110N INSTRucnONS :....~..:. _::".;:. .-- ··...·.fIÞ· Å. r. Mariap Wore BCC. JIZA: IIIIdadaa per.- to t-'~ - ÞtJ .. ** DiTWoa Bad appnnl ~ ....~ ~ to c.., ..-.... "*= JfIepl4Gr'l·~ II M~ be..... daM UIJ ..t....,.1epI ret'Icw,"'-nii¡-I'd' .... ~ II ....Iaftted to ea..tJ ~ WGft IIIbIaItdaI to c.o...ty Jt7-~. ne ).I........eftke wIiI-JII&ñII II'" -..z- :\t. - ", ............ '. - "'I'· ":.'" .~:;.,~~._:~:'~::c.. o c.-tJ )I~..... staib IDe: to Oerk'. omce o R«paddl Dhiåoe o Oripaal - .--..- .,."'"."........ ---...-.,.. __o,....,_~._~_~,..VI<,,·"'.,··,,"',,·..,'~""...,""',__,..·"'·,....,.,...'''''_¡'''--~-- _.·._....T"I .-."......- -.- -~._.__.-_.... --.-....-,--. _-.-----..~..-- 'J . rw-' ~......-- --...... 114::. r - f"~ ~.- '~4 128- 4 FAX . œ pat:ZR-CI ? (~..Jn~ m:rs ONwd ~: ~ ( ) . J~~~) . l' \ 'fO: D.X m: ,) (\ ~ - P 3 3 ~ ) ~tmI"1'S : PRœ: ~/L /' ~'t'Iœ: ror·T :nm OJUII"~·ï comt:n,. J!.JSB , - ... .- '. _-:,..--t· PAX 8): ~ 774-8408 PBOIJB !I): J.2!!J 774-8406 m.TB smrr: I1'DJB SB1!IT: 7/} r J, ,)ð . . ~ " I < f. ) .'. 181 07-02 14:31 00-02'20 92634864 ()< 3 Ø68C~ 182 0'7-02 15:00 æ-OO'5Ø 92b34864 . 1 268C01 ØØtæJOO8AØ0 183 Ø7-ø2 15:48 ØIir Ø2 ' Ø2 92634864 0< 3 ~14 184 Ø7-ø2 15:14 ØI2r Ø3' 46 92634864 0< 6 ~13 185 Ø7-Ø2 15:42 ~Ø2' 10 918135773575 0< 4 ~12 186 Ø7-03 æ: 23 \ ØIir Ø2' 2Ø 92634864 ()( 3 ~ 187 Ø7-Ø3 10: 57 00" 02' 33 9415421487 CJ< 3 Ø60C~13 188 Ø'7-Ø3 14:29 00-03'36 92634864 ()( 5 ~11 189 Ø7-ø7 15: 12 Øtr 01' 34 926-J.49='4 . 2 268C01Ø0OO00RA3F 190 1J7-Ø'7 15: 16 OO-02'es 926349G4 ()( 3 ØE8~ + -----.--- TOT~ ÞPGS 62 ~ , ~. . ~ '.. . .'.' . ~ . .'i ..I~)....-1Ii ] 128- 4 I" ; July 7, 1991 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Flor.ida 33940 Re: Notice of Public Hearing to consider petition PUD-82-33 (1) Dear Judy: please advertise the above referenced notice one time on Sunday, August 10, 1991 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 '. I I 128- 4 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice i~ here~~ given that on TUESDAY, AUGUST 26, 1991, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 82-121, AS AMENDED, WIGGINS BAY ^ PLANNED UNIT DEVELOPMENT, PUD, BY PROVIDING FOR: SECTION ONE: AMENDMENT TO MAXIMUM GROSS PROJECT DÐ~SITY SECTION; SECTION TWO: AMENDMENT TO COMMERCIAl. SITE SECTION; SECTION THREE: AMENDMENT TO MULTI-FAMILY DWELLING UNIT DISTRIBUTION SECTION; SECTION FOUR: l<.MENDMENT TO MASTER PLAN SECTION; SECTION FIVE: EFFECTIVE DATE. petition PUD-82-33(1), Michael R. Fernandez, A.I.C.P., Planning Development Incorporated representing the Harig Manufacturing Corporation, requesting an amendment to Ordinance 82-121. 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 apP8al is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGH'I' E. BROCK, CLERK By: IslSue Barbiretti, D8PUty Clerk ( SEAL) 128- 4 > ;~ - -<I " ~ ~ July 7, 1997 '. ' Michael R. Fernandez, A.I.C.P. Planning Development Incorporated 2523 River Reach Drive Naples, FL 34104 ~.. RE: Notice of Public Hearing to consider petition PUD-82-33 (1) Dear petitioner: please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 26, 1991 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 10, 1997. You are invited to ~ttend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Harig Manufacturing Corporation ~- ---- ______ _.. R v ~-IV" - -"-.-"- 128- 4 July 7, 1997 Harig Manufacturing Corporation 5757 West Howard Street Niles, Illinois 60714 RE: Notice of Public Hearing to consider petition PUD-82-33 (1) Dear petitioner: please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 26, 1991 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 10, 1997. ·':ou are invi ted to attend tbis public bearing. Sincer~ly, Sue Barbiretti, Deputy Clerk Encl. cc: Michael R. Fernandez JIIIp l.. De t l Y ....,. Nilpl.., Fl 33940 MHdevtt of ~ltcat\on IIeç) l.. De Hy Hews 128- 4 BOoVtD Of CCOHn' Ca,USSlOMEIS A TTM: I\AHCY SALOGUB PO BOX 1,13016 NAI'\.ES FL Y.1<r!-3C'16 REFERENCE: 001230 7000'12 5754.6824 JØ)TICE Of IKTBfT TO Stete of Florida County of Collier ø.fore the ~rsi~ IUthodty, perlOMlly IIfJPdred B. lMIb, lotio on oath ",. thet the ..rves II the Auhter.t Corpon'te s.cnrury al the Nllples Deily JCeo,/5, II daily nwtpepolr )\A)ltahed at IWpl.., in Collier County, Flor1de: thet t~ attached copy of the ectverthing "" publtll'led tn ..id newapeper on deus l httd Affi~t further .ays thet the ..id Maples 081ly Hews it e ~r pc.èltahed at Jllpl.., in Mid COllier County, Hodde, 8nd thet tN Mid newspeper hes Mrrtofol"t been ccntit1UClUSly publillhed in nid coll~er county, Florida, ..ch day end hes bHn enured u a.eo:ni clas. _il ..ttlr lit the post ofHca in _In, in ..id collier County, FlOf'ide, for . pe1'iod at 1 y..r next preceding the fir.t pc.èlic.l't~on at tho .ttecMd copy of ectverti...-wrt; end .ff\.,t further say. thllt aM h.u Mither paid nor pl"Ollhed .../ p9rson, 111'11 or cq:IOMIt1on .-rt dhcoo.M1t, reb8toe, coai ..ion or r.-fund for the purpose of at<ur1ng thh ectvertiMMnt for publication in the Mid ~r. PVBLISliED Ofoi: œ¡10 AD SPACE: FILED Ole: 66 . (XX) I!COt œ¡11/97 7Î,¡~ +- Signeturl of Affiant Sworn to end 3ubscribed befOf'e - thh J.L day of ~ .."....ll, '''''''' by _ '}''''d' (J. t j;~r V 1f17 ........."., Ir.A·· ~" .wth A. Aanioat1 ¡.: :.; t.l'f COMMISS;IOH ...' : ¡ , ct.5087S7 UPtRE< "':~ "'!,,,rl¡ Feòruary 1~. 2000 ~ -.toO.· IOIUD!\<AU TIOCV ,.... ~'ICl, 111:, -.~.~---------..- ....--i.._ ..- 128-4 ORDINANCE NO. 97- ,~N ORDINANCE JI.MENDING ORDINANCE 82-121, AS A."iENDED, WIGGINS BAY A ?LANNED UNIT DEVELOPMENT, PUD, BY PROVIDING fOR: SECTION ONE: AMENDMENT TO r1AXrr~UM GROSS PROJECT DENSITY SECTION; SECTION TWO: AMENDMENT TO COMMERCIAL SITE SECTION; SECTION THREE: AMENDMENT TO MULTI-fAMILY DWELLING UNIT DISTRIBUTION SECTION; SECTION FOUR: AMENDMENT TO MASTER PLAN SECTION; SECTION FIVE: EFFECTIVE DATE. WHEREAS, on Decewber 28, 1982, the Board of County Commissioners approved Ordinance Number 82-121, ~hich approved the Wiggins Bay Planned Unit Development (PUD); and WHEREAS, Michael R. fernandez, ATCP on behalf of ~he Harig Manufacturing Corpora:ion owner of certain land in the Wiggins Bay PUD petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance Number 82-121, as set forth below: NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida: SECTION ONE: AMENDME:NT TO Ut-iNUMBERED SECTION - MAXIMUM GROSS PROJECT DENSITY The Section entitled "Maximum Gross Project DensityU of the Wiggins Bay Planned Unit Development (O:dinance No. 82-121 as amended), is hereby amended to read as follows: Maximum Gross Project Density ~ 5.05 units per gross acre buildable on site; total dwelling unit count not to exceed ~-2~units. SECTION TWO: Þ.HE:NDMENT TO COMMERCIAL SITE SECTION The Section entitled "Commercial SiteU of the Wiggins Bay Planned Unit Develop~ent (Ordinance No. 82-121 as amended), is hereby amended to read as follows: COlMlcrcial Citc Development af the é:olM\crci.ll Jite ohall comply \;ith the 3t,:lJ)d.Jrd5-~~L::\l COn"¡CI1Íencc Di3t.rict a3 eHioting on the d,:¡tc of ,:¡pp.rov:Jl of thiJ rUD document. Multi Family Site The former commercial tract, being some 3.5 acres in area, is fonverted to 56 multi-family housing unit. The maximum height of the building on this site shall not exceed seven (7) habitable living floors beginning at the 100 year mean flood elevation. The development strategy and standards to be employed shall be ~resentative of the exhibits submitted to the public hearing Words struck throuqh are deleted; words underlined are added. -1- 128-4 record before the Collier County Board of Corcunissioners but in :10 case less than the Residential Hulti~le Family "RMF-16" Development Standards, Sectioñ 2.2.7.4 of the Collier County Land 9~_~lopment Cod~. Development of the tract shall be consistent with the Environmental Sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the çollier County Land Development Code jn effect at the time of final ~evelopm~~t order approval. SECTIml THREE:: AMENDMENT TO MULTI-FAMILY DWI::LLING UNIT DISTRICUTION SECTION. The Section entitled "Multi-family Dwelling Unit Districution" of the Wiggins Bay Planned Unit Development (Ordinance No. 82-121 as amended), is hereby amended to read as follows: Multi-Family Dwelling Unit Distribution Multi-Family dwelling unit distribution shall occur generally as indicated 01'1 the apprcved Master Plan. Two or more adjoining multi-family sites may be joined to become a single development site. With the approval of the Director, side lot lines and the distribution of multi-family dwelling units indicated on the approved Master Plan may be modified, so long as the total multi-family dwelling unit count does not exceed ~ 749. SECTION fOUR: AMENDMENT TO I1ASTER PLAN SECTION The Section entitled "Master Plan" of the Wiggins Bay Planned Unit Development (Ordinance No. 82-121 as amended), is hereby amended to read as follows: Master Plan The approved Master Plan shall also constitute the approved Subdivision Master Plan. The Master Plan is hereby amended to delete the Commercial designation and in its place provide for multi-family use and a seven (7) story building. SECTION fIVE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Cowmissioners of Collier County, Florida, this day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~ ìh~.ú..,L r RJO EM. S· DENT ASSISTANT COUNTY ATTORNEY f/ro~/.1991n. Bay PVD Words struck throuqn are deleted; words underlined are added. -2- --.- -~-<'. ~,----_..._.._'---_. -'"'.,....._-~- ~_ ......._,..~....______'_·v,..,"",' ......~'".,____~___ ''''''--'^''.---------.''..',..- .~_.~--,~--- "-'''-"~,,......,_..--.-. ........._--- ~."--'.._'" 12C 1 RESOLUTION NO. 97- RESOLUTION RENAMING VILLAGE WAY TO "GLEN MEADOW LANE", WHICH STREET IS LOCATED IN ; TRACT 7 Of VILLAGES OF WYNDEMERE SUBDIVISION, LOCATED IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to öuthority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of Village Way to Glen Meadow Lane. This street is located in Section 19, Township 49 South, Range 26 East, Collier County, Florida, Tract 7 of Villages of Wyndemere, according to the plat thereof, recorded in Plat Book 28, Page 9, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding nanle¡ and WHEREAS, it is necessary fo~ identification purposes to confirm the name of this street, NOW TEERSFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from Village Way to Glen Meadow Lane and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases or Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ÕWÏGHT---r: .BROC~ Clërk---- BY: TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency: ~rrÌð ' '. ,.~ r<1ar~~ent Assistant County Attorney t/~NR-97-1ú RESOLQT1OHI -.,. Meplu ~lly K"'. ~les, FL 339~ ...11 i d.ev it of P\.t) t1 cat 1 on Naples 0.; ly IMws --------_._---------------~-------- BOARD OF rCUNTY (~lSSlOH'_R$ ^T~: HI~CY S~L0GU8 PO aex 41Y/16 KAPLES FL 3.10101-3016 REfERE~(E: ocn230 575S8839 7042S9 HQ.l(E OF ~l( HEA State 01 florid8 County of collier a.efore the undera;~ "Jthority, p"rsonJLly appear4!d B. Lasb, whCI on Qtlth uY" that ~ s"rvtl as ASlli~tllnt Corvcrete Secret8~y of the Hðpl~s Daily ~~S, ~ daily ~s~$r publ;~ et K4?les, in Coll ler CQCft1ty, Florid.a: that the attac:n.d cOVI of edvcrtisinç was publi~ In M)d ncw~p!lper 00 d4sUs l iated. Affiant further s.ay. that the Mid Mllples Oeily "....11 h e new~r p....bl i~ at Kept.., in ..id Call i"r County, Florida, and ttollt the $8id ~upuper hGa heretofore ~ continuou.ly publisMd in $8id cc,ll ie,. ~ty, florida, uål dðy '.If;d hU ~ er>tered lIS .~ r.lu. Nil nett~r at the po~t office in Maplts, in aaid ~olll~r County, florida, for I ~riod of 1 yeer next preceding t~ f¡rat p¡.Cl tcetton of the ett&c~ copy ct ~~~rtill..-nt; and .ffi~t further ~"II tMt M. hll& ne1ther po5id nor proe! sc<1 any pers.oo, fir. 0" CC90r.tion Wf'/ di~ccunt, .~te, ~4ntssion or ref\nd for the pur~se of lIecurin~ this edvertiseeent for p"btiCllt~on in the ..id n~r.~r- rUBl!$HED OM: 09/C7 '..,. . Signature of Aff-ient '\ ,..;' -L'.J AD SPACE: 57.000 INCH ~ll~D ON: 09/06/97 -_._---_.._-------------_._---+--_._----~._--- J -'r' /i Slnrn to a'ld :;..,wcribed be1')re .e this /.'0 cNIy of .:..:~-td- 19.:2? , . i I' J -:). .. " - I' U Y.)(\JIll Y :tnown by IDe _' ..--\ '" I ,:-:-1:" ~_ " _>' -:1. -, , --- r>-, l _ " -----r---- I I ,,~t;:r~, ~ A. fWioan i.; ~) MY C(),MSSØI 4 CC5081!7 EXPIRES :,¡Z .: J foo¡1IaI'y 19, 200) "'I..if.'fj.. ..' E(I¢(D ~ TJ;(N F,»: 1IISU\.'oIU, 'I«:. 12C 1 .------_.~-_.__..__.._-- .--------.. - ~_. ~ 12C-l RESOLUTION NO. 97- 375 RESOLUTION RENAMING VILLAGE WAY TO "GLEN !1EADOW LANE", WHICfi STREET IS LOO.TED IN TRACT 7 OF VILLAGES üf' WYIWEMERE SUBDIVISION, LOCATED IN SE~TION 19, TOWNSHIP 49 SOUTH, RMIGE 26 £:Þ,ST, COLLI ER COONTY, FLORI DA. WHEREAS, the Board of County Comrnissioners IS authorized pursuant to authority of Chapter 336,05, Florida Statutes, to name or rename streets aDd roads. except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of village Way to Glen Meadow Lane. This street is located in Seccion 19, Township 49 South, Range 26 East, Collier County, Florida, Tract 1 of Villages of wyndemere, according to the plat thereof, recorded in Plat Book 28, Page 9, of the Official Records of Collier CQunty, flo;:id.:¡; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, :;0..1 THEP,EFORS, I3E IT RESOLVED 8Y THE BOÞ.RD Of' COUNTY CO~It1!SSIONERS OF' COLLIER COUNTY, fLORID~: The name of this 5creet lS hereby Chdl19<:;d :r'Jm Village ~ay to Gl~n Meado'l Lane and is conf:r!1',ed as suc!;. ß8 IT FURTH~R ?SSOLVED tha~ this Resolution be re~crded in the Public Rpc0rds ,)f CQllip.f Co)~n\:y, flúrida, and rioted upon the maps of the street a",rJ zon':'r.q atliJses of C01lier: Cou:¡ty, and notations r:1ade on the referenced rbt. This kesolution acnpted after motIon, ser;únd and majority ·"ote. oJ :> ,~..-./ j --/- / D0ne thl.s O<J______day of~~. 1997. \~Ùl~.:¿, / " ,,': AT''l'E-ST ~_, . ,'., ",,' f( ,. -~ ·i'·ff.·r~·~~~; :. 3' "~¡'~:"~ ....'Vl~~., j¿, (', ~OfiT'-Ë. ROC,' Clerk-"-- - t, ". .~.. 't¡ .~~\ Appro~ed~àš to form and Legal Sufficiency: f , BOARD OF' COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~;?~ TIMOTH~c'è , aHman *tt 2229749 OR: 2349 PG: 2975 ttt UCOIJID 11 ornCI1J, oeom ot co~ml COøm. n n/2\/!1 at n :52P1 DV1G1'! I, &IOCI, CUll oem COPU$ -n~.Ll. '")-h. ~.J- Marjo 'e M. Stuaent Assistant County Attorney tlSIIR-91-10 RF.SO!.UTrON! 6.00 1.00 leU: CUll TO TO !\OW IITuom CJ IT! 11.ûO. lIT 1240 --- ,~-,--" Col 1 ler CCl;~,C\' , Flortd~ :.;:c:t.:tST FOR LtcAl. AD\n:: $ :::c OF PlTBLtC HURINCS 1:/:!/5:'-5~O 12C b To: Chrk to the l!oHd: Please place the foll~ln~ .~ .: ~ Nor.n...l Legal Àdvertlse:oent c:J Othe r: . A ... J. J. I. J _ J. .. .. .. .. ¡, 1 ... J. '" " .. ... _ .. ... .. .. " & ..,........ ~ "'.. ...... (Display Adv., l.ocatlon, etc.) ---~-'----~'\).S0\:;' f~)' F)~ ~n""'" . .~- Person: Edward N. Finn D...te: 09/04/97 (SI"n clearly) 0t'111natlnr. Cept/Dlv: Public Works ..'A!Al.A~AJ.'&'&~L".J.''''&'''''}jÅL4......r+..''&''A¿'~~Y*1I&'J.'....'~k...'1¿1¿&.1'&AJJ.J.&..&.~~~**"AJ. .La. Petition N.o. (If none, (tlve brief deHrlptlon):Ed Ilschner, Public Works Administrator .&A¡Aall..".¿A'&i'."......11'1..l11..'~!~I.'.~.J.J.J....&&.~&1..11A1J.!J.¡AJ.ILAAIL¡AA'_11.'J.J.'J.&'J.J.IIJ.J.J.J.J.&J.I~J._¿J._..J.ai Petltlener: (Ham¿ & address): 3301 East Tami~oi Trail Naples, FL 34112 aa.e & Addres. .of any persens(.) te be notified by Clerk'. Office: (~f ~re .p.ce needed, attach .ep.r.te sheet) Moeuln¡ ~fore: d~c:; c=: !ZA C:Ott>er_ ...*...,.."....*..........,.....~~.........r~........,..................................~.....~..................-...........................*"~~·Ir*4I... ""1." ....... ~.&. j J¡,'~"'''''tT'''~ fteques~ed he.rl~1 dðt!:~-Ì_1I_~1--__!~s~d on ~Gve~tlse~ent .p.e.rln¡ ~ d~ys be fort hearing. tscvsp..pot.-<.) to bt 'Jud: (Campletl or,ly If lØ\ï:'OTt.1nt C:¡;:;. or lecally required ~) a;:¡ CJ Maple. Deily Newi Other .........,...,...."...~.....~.........,...H &.....L...L.L .LA'" 1 ~... ...",.........................-J............................:l.J. 'A A' A""ihAJ."'.I. ..~..............................."...... A AI.""'" "~4¡..4"" & * rro~o.ed !~ t: Onc1uJe I ('S~ I due r I pelon!. com"oCr> lOCH 1.,1'1 & J tze): See .r>.. t tached. --- ~anlon ;>e·tlt1cn(,), lí .ny. (,. propo~e~ heari1Ò~ t1He'. ~..............~w.,... loa A .I.'" ...............................~.....~..It.. ..,,,, ............~~-4i" .I...... .4ð..~.................··,....L__J. ,......."'...... j," A"..... ~es ~ H~ [--¡ If yel, What accoun: ,hc~ld be char¡ed PO t 700540 ...............*""""*.. .LA) ./r.L" &.. ~,. ,."A......~....................................."l '"_A .Iò'" &. I........",,, '" ".. . 'J ~'-" C--. A?l'rov~d Þy: DHe L':::~~~ County Manaler Date l.lIt Attach_ntJ:(1)~_(2)..f2.£y of Ord) nanclt3) ...." .. .. Â,.......... ...... A'" ¿" ".,. A .L I.... '.L" " , .L." ,. ~ . .. 1 1t.L ~................... '- . .. J. ~ j ... .. i¡ f...... J .L J. J. I .Iò" II.. Jo..... A.... 4r.L'" .L J.... ~ ,I. ......... 0&... J." .......... J. .. ................. .. i& ,L .. · .Iì' OISTRr~UTro~ :NSTRUCTIONS A. ~~~~I!CC or 5LA: Inittatlng persen to cocplet~ on~ cepy Knd obtain Divlslen He~d ~pproval belere ¡ubaltrln¡ te County M~n~~er. ~!: If le2ð\ doc~~en~ tl Invelved, be sure th~t anv necessary leeal revle"l (lr~est for UIhI!. Is sub"'ltt~11 t" r"'Jnto/ ,\ttornev before subalttin¡; to Count'! ~~nu:er. The ~na&er's Office will distribute copIes: l::7 County ~'anðger agenda file; ~ neque't¡n~ DIvIsion; c::¡ Original to Clerk', Office ~. Olher hurln~s: lnlt!atlng D:v~!le~ to .1pprovc and sub.lt origln.al to Clerk', OfHce, reulnlng "cepy ler HIe. *...~T+rr...J.~,L11J¿A&.~rr....'4..&A&'I"A***'*...~.~~+7T~A..,L~,LAA4114,LA1AA&..".,LA..,L,L,L1t.,1&AA1J. ro~ CttRK'S OrflCE USE ONLY 1>.te Received D~te Adventsed Date of P.II. &'.10 I OF PAGES (includ..inq this c:ove.r) : ~ . . ,.' ..,.J .' 4: . . :>. . " -:. .:. ~ ,- . D :... . ' 12C b 111111111111111111111111111111111111111111111111111111111.111111 ':0: ... . ............ WI.a _.alt.... _ ~.-T01I1 II&KØ DULY .. ~a64 Ia: ,,(O/-<t--&- ~~-LU ~~ , n J n CljU;~ r- l-A~~ ~~<-/ ~------- , . . '," - , Ililllllll(lllllII!lliI21íl!lllllll!liIIIIIIIIIIAIIIIIIII111ltl .......--...... ~ noH: },. - - gµ.IE ~ - KIlWIES , !mcOlDS LO~ON: collier c~ CpÚrthousa :r7t% BQs (813) 774-8408 PROm:' NO: (813) 774 -8406 --...-- !~ Ji2634864 \ : \ ~\ TOTi=L IWGS 46 u~ ~\ 310 Ø9-Ø5 lS:2Ø 00'01'34 311 09-0S 16: 16 00" 'õ7' 21 312 æ-æ 16: 24 æ- 01 'TI -, ~ /.¿<:.-:/"~-J ~<¥~~ Data :sant:: 9/sj?;7" Taa semt: 1: ,l..c-!'/I¡ .. - --",..- -"".,~_.-.. 12C 6 September 5, 1997 Ms. Judith Flanagan Naples Daily Naws 1075 Central Avenue Naples, Florida 34102 Re: Notice ot ~ùblic Hearing co Consider an Ordinance to be known as the Uniform Utility Operating and Regulatory Standards Dear Jud i : please advertise the above referenced notice one time or. Friday, September 12, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this off ice. 'Phank yO""}" Sincp.rely, ~f..Æ""..I¿j / Ellie Hoffrr~n, Deputy Clerk Purr-hase Order No. 700540 12C 6 AN ORDfNANCE TO BE KNOWN AS THE L1"IFORM UTILITY OPERA TT1':G AND REGULA TOR Y STANDARDS. PROCEDURES AND MONTHL Y BILLfNG SCHEDULE ORDiNANCE; RE-EST AßLlSHfNG THE MARCO WATER AND SEWER DISTRJCT; DESCRmfNG THE BOUNDARIES OF THE MARCO \VATER AND SEWER DiSTRICT; PROVlDrNG FOR TIiE MARCO WATER AND SEWER DISTRICT TO SUCCEED EXISTING DISTRICT; PROVIDING POWERS OF THE MARCO WATER AND SE'W"ER DISTRICT; PROVIDING FOR ASSESSMENTS OF THE MARCO WATER AND SEWER DISTRlCT; PROVIDING LEGISLA TlVE INTENT FOR THE CREA TJON AND RE-EST ABLlSHMENT OF TIIE MARCO WATER AND SEWER DISTRICT; PROVIDING FOR THE RE-EST ABLlSHMENT OF THE GOODLAND WATER DISTRlCT; DESCRIBING THE AREA WITHIN THE GOODLAND WATER DISTRICT; PROVIDING FOR POWERS OF THE GOODLAND WATER DiSTRICT; PROVIDING ASSESSMENTS OF THE GOODLAND W A UR DiSTRICT; PROVIDING FOR THE GOODLAND WATER DiSTRICT TO SUCCEED EXISTING DiSTRlCT; PROVIDE FOR LEGISLATIVE INTENT OF THE GOODLAND WATER DISTRICT; PROVIDfNG FOR RATES. FEES AND CHARGES AND REGULATIONS OF THE COLLIER COUNTY WATER- SE'W"ER DISTRJCT, THE MARCO WATER AND SEWER DiSTRICT AND THE GOODLAND WATER DISTRlCT; PROVlDfNG THE MONTIIL Y USER FEES FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE COLLIER COUNTY WATER-SEWER DiSTRICT AS FOLLOWS: I, Waler (a) Service AvailabiJity Charge: (i) Individually Metered Residential. Non-Residential and Irrigation: 518 and 314 inch meter S 12,00 per month 1 inch meter S 24,00 per month I \;. inch meter S 36,00 per month I '/, inch meter S 44,00 per month 2 inch meter S 69,00 per month 3 ir.ch mt:le~ S 134,00 per month 4 inch meter S 207,00 per month 6 inch meter S 411,00 per monür 8 inch m~ter S 737,00 per month (ii) Multi-tiuniJy Residential Property (master metered) First rlwdJing unit S 12,00 per month Each additional dweing unit S 8,20 per month (b) V úlwne Charge Per 1,000 Gallons: (i) Residential and Multi-family (no separate meter for irrigation): J - 10,000 gallons $ 1.45 10,000 - 20.000 gaJlons S 1,82 Abovc 20,000 gaiJons S 2.28 (ii) Non-residential (no separate meter tor irrigation): First block $ 1.45 In excf.:SS offir:>t b1IXk S 2,05 Non-residential First Block Usage Threshold: 5/8 and 3/4 inch meter J 0,000 gallons 1 inch meter 25,000 gallons I '¡' inch meter 40,000 gaJlons I 'I, inch meler 50,000 gallons 2 inch meter 80,000 gallons 3 inch meter 160,000 gallons 4 inch meter 250,000 gallons 6 inch meter 500,000 gallons 8 inch meter 900.000 gallons 1 12C 6 (iii) Residential or Non-residential Irrigation (separately metered): All usage S2,05 2, Sewer (a) Ser.ice Availability Charge: (i) Individually Metered Residential and Non-Rl:siåential Property: 5/8 and 3/4 inch meter S 17,00 per month I im:h meter . S 35,()() per montb 1 V. inch meter $ 53,00 per montb I Y, inch meter S 65,()() pe.. month 2 inch meter S I 0 ] ,00 per month 3 inch meter S 197,00 per montb 4 inch meter $ 305.()() per montb 6 inch meter $ 606,00 per montb 8 inch meter $1,087,00 per montb (ii) Multi-family (master metered) First dwelling unit S 17,00 Each additional dwelling unit $12.00 (b) Volume Charge: (i) Per 1,000 gallons S ] ,96 (ii) Residential Maximum: The maximum volumetric charge for residential property shall be 10,000 gallon per dwelling umt. 3, Dedicated Fire Systems (aj Fire Met!:f (i) Fire Service meter size will refer to the largest diameter meter iru..talled for fire: protection. (ii) Fire Service meter connections that provide domestic or other water usage as evidenced by regular montbly detected usage shall be billed aa:ording to regular water monthly availability and usage charges as described herein. (b) Volume Charge: (i) Perl,OOOgal1ons $IA5 PROVIDfNG MONTHLY USER FEES FOR RESIDENTIAL AND NON- RESIDENTIAL PROPERTIES IN THE MARCO WATER AND SEWER DISTRICT AS FOLLOWS: I , Sewer (a) Residential (i) Single family residences, multi-family residences, apartl1Jent residences, mobik home residences, E'ICh one bath living un;t Each additional hath per li'liag unit (b) N0n-R~¡dential. Each fa.:ility shall œ bHled based upc;n the total <.)ftbe foliowing unit.> contJ:íined therein. (i) Hotel, motel and trailer renwunits: Each unit (ii) Comr.l~rcial, office, institutional, r~tional and industrial toilet units (not to il1d.Jde i.ndustrial was1e) (lnstitutional shall inchld.: but not be limited to churches, Prop':rty owners, a.s!ociation fa::ilities, government service facilities, fire stations wd schools); Each toilet un.it (iii) COlTur.ercial and coin laundry washer units; Each washer unit $20,80 per month S 4.60 I~r month S10.15 per month $36.95 p-:r montb S 18.50 per month 2 12C Ó (iv) Restaurant and lounge seating units; Each seating uni I S 3,25 per month Wastewater Adjustment Clause: [ New FWSC Volume Rate ($/Mgal) - Old Volume Rate I x 3,6 = SAdj. Residential wi Single Bath ¡,DODO x $Adj, = AmI. to add to existing rate, Residential _ Additional Bath 0,2222 x SAdj, = AmI. to 3dd 10 existir.g rate, Hotei/Mote! per unit 0.4889 x $Adj, = AmI. to add to existing rate, Commercial 1.7778 x SAdj. = AmI. to add to existing rate. Coin Laundry per unit 0,8889 x SAdj. = AmI. to add to existing rate. Restaurant per seat 0.1556 x $Adj, = AmI. to add to existing rate, PROVIDING MONTHLY USER FEES FOR RESIDE1'<TlAL AND NON- RESIDENTIAL PROPERTIES IN THE GOODLAND WATER DISTRICT AS FOLLOWS: I, Water (a) Service Availability Charge: y. inch meter S 16.00 per month i inch meter S 37,00 per month 1 V2 inch meter ~ 72,00 per month 2 inch meter S 114,00 per month 3 inch meter S 226,00 per month 4 inch meter S 351,00 per month 6 inch meter S 701.00 per mont.1-¡ 8 inch meter S 1.259,00 per rnonth (b) Volume Charge per one thousa."1d gaJlons (SlMgaJ) of usage: All usage S3,92 I Mgal Purchased Wmer Adjustment Clause: [New FWSC Volume Charge - Old FWSC Volume Charge] = Adder 0.78 Existing Goodland S/Mgal + Aåder = New Goodland S/Mgal factor is needed to adjust for IlnacÇ(!unted for water and the change in the monthly fixed charged from FWSC. PROVIDING OTHER CHARGES OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT A..~D THE GOODLAND WATER DISTRlCT FOR INSTALLATION. TEMPORARY METERS, USER FEES, LATE PA YMLl'H FEES AND THE FOLLO'W1NG CHARGES: I. Meter Size 3/4" Meter Tapping Charge $260,00 $350.00 $500,00 $600,00 j" 1'/2" 2" 2, The following li51 of charges is establi~hed for user services: N~A~un~ swœ Meter Removal or Lock $ 50,00 Turn On After Hours S 50.00 Meter RemovaJ or Lock After Hours S I 00,00 Meter Initial Re-Read S 20,00 Metcr Testl2nd Re-Read S 35.00 Non-Emergency Shut Offs $ 50.00 Accow1t Reinstatement (less than or equal to 15 days) Account Reinstatement (grcater than 15 days) $ 30.00 (pius full payment and delinquency fees) S 50.00 ( plus full payment and delinquency fe.es) 3 .'"-~<.;-,..--_. 12C 6 3, Uf1ucn! irrigation usage in each District shall be at the follo"";ng fchedule: (a) Service A vaiiability Charge:: (i) Individually Metered Irrigation: 5/8 and J!. inch meter I inch meter 11¡J inch me1er 2 inch m~er 3 inch meter 4 inch meter 6 inch meter g inch meter 10 inch meter 12 inch m~ter (b) Volume Charge Per 1,000 GaJlons: FuJI Serviçe Reuse Master Metered Bulk Service Reuse S 7,00 ~ ¡,tOO S 25,1){) S 3900 S 75,1){) $115,00 1227,00 S407,OO S542,OO S721()(¡ S 0,52 $ 020 PRO'/lOiNG REGULA nONS fOR APPLlCA 110N FOR SERVICE TO THE COLLIER COUNTY WATER-SEWER DISTR1CT, TIŒ MARCO WATER AND SEWER DISTRiCT AND THE G<JODLAND WA.TER DISTRICT; PROVìDP.'~G UMITA TIONS OF USE. CONl TI"¡üITY OF SER V]CE INCLUDfNG BILLING DISPUTES AND SH..NDARDS OF SERVIC£, MAINTI:.l.JMKE AND REPAIR: PROVIDING FOR PROPERTY OWNER'S LIABILITY FOR DAMAGE TO EQUIPMENT; PROVIDING FOR SECURITY DEPOSITS ON WATER AND SEWER ACCOVNTS; PROVIDING FOR PROPERTY O\VNER'S RESPONSIBILITY FOR WATER SERViCE AND BAD DEBTS; PROVIDING FOR DATES BILLS ARE DUE AND DELfNQUENT: DISCONTINUANCE OF SERVICE FOR NON-PAYMENT; PROVIDING FOR REINSTATEMENT FOLLOWING DISCONTINUED SERVICE; PROVIDING FOR BILLING PAYMENT WHEN METER BECOMES DEFECIlVE; RIGHT OF ENTRY OF AUTIfOR1ZED AGENTS OR EMPLOYEE~; PROVIDING FOR WATER BILL COMPLAINTS; PROVIDING FOR METERS, LOCATION AND CHARGE FOR MOVING; PROVIDING FOR REQUIRED CONNECTIONS TO WATER AND SEVlER SYSTEMS; PROVIDrNG FOR EXCEPTIONS TO CONNECTIONS; PROVIDING FOR CONNECTIONS TO BE MADE BY THE COLLIER COUNTY WATER-SEWER DISTRICT, TI-IE MARCO WATER AND SEWER DISTRlCT OR HŒ GOODLAND WATER DISTRICT; PROVIDING FOR UNLA \\íFUL CONNEC110NS PROHIBITED; PROVIDING FOR F AlLURE TO MAlNTAIN PLUMBING SYSTEM; PROVIDING FOR UNPAlD FEES TO CONSTlTITrE A LIEN; PROVIDING FOR NO FREE SERVICE; PROVIDING FOR SEPARATE CONNE<...ìlONS FOR EACH SEPARATE UNIT; PROVlDrNG FOR LAWN SPRINKLING REGULATIONS; PROVIDING FOR HARDSHlPN ARlANCE PROCEDURE TO LA WN SPRINKLING REGULA nONS; PROVIDING EXCEPTIONS TO LAWN SPRINKLING REGULATIONS; SETI1NG FORTH THE CITY OF NAPLES SERVICE ,'·REA AND PROCEDURE TO EXTEND EXISTING DISTRlBUTION WATER MAINS INTO THE COLLIER COUNTY WATER-SEWER DISTRICT, MARCO WATER AND SEWER DISTRICT OR THE GOODLAND WATER DISTRICT; PROVlDfNG SEWER USE RESTRICTIONS WITHIN THE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SE'.vER DlSTRJCT AND THE GOODLA-ND WATER DISTRlCT; PROVIDING FOR SUPPLEMENTAL SERVICE CHARGES FOR DISCHARGE OF WASTES; PROVIDING FOR RULES AND REGULATIONS RELATING TO TIlE DISCHARGE OF INDUSTRIAL WASTE; PROVIDrNG FOR EFFLUENT QUALITY BOND; PROVIDING FOR THE USE OF PUBLIC W ASTEW A TER SYSTEM; PROVIDING FOR THE PROHIBITIONS OF Gl:.l.JERAL WASTEWATER DISCHARGES; PROVmING FOR MA..XlMUM WASTEWATER CONCENTRATIONS ALLOWED; PROVIDING FOR APPROVAL AND MAINTENANCE OF PRETREATMENT FACILITIES; 4 _'MC_"'_''''~~_~' 12C b PROVIDING FOR USE OF I1"TERCEPTORS AND CONTROL MM~HOLES: PROVIDING FOR MEASUREMENTS AND TESTS: PROVIDING FOR SPECIAL ARRANGEMENTS AND DETEP~~1!NATI0N OF ACCEPTABILITY; PROVIDING FOR NATIONAL CATEGORICAL PRETREATMENT STANDAROS; PROVIDING FOR ALTERNATIVE DISCHARGE LIMITS; PROViDING FOR 5T ATE REQUIREMENTS. PROVIDING FOR RIGHT OF COUNTY AND DlSTRlCT TO ESTABLISH MORE STRINGENT REQUIREMENTS; PROVIDING FOR EXCESSIVE DISCHARGE; PROVIDING FOR PRETEŒA TMENT 5T ANOARDS; PROVIDING FOR SLUG DISCHARGES; PROVIDING FOR REASONABLE SERVICE CONDITIONS; PROVIDING BASELINE REPORT; PROVIDING COMPLIANCE SCHEDULE, COMPLIANCE REPORT AND PERIODIC COMPLIANCE REPORTS; PROVIDING FOR MONITORlNG AND ¡:--:SPECTI01'<S; PROViDING FOR PENALTIES. V [OLA TIONS. lJISCON"'NECT OF SERVICE, SUSPENSION OF SERVICE, REVOCATION OF PERMIT; PROVIDING FOR SERVICE CHARGES AND FEES; PROVIDING FOR PENALTIES; PROVIDING FOR CONFUCT AND SEVERABiLITY; PROVIDING FOR INCLUSION TN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY; PROVIDING FOR THE REPEAL OF COLLIER COUNTY ORDINANCES NOS. 74-28,75-5, 75-20, 76- 38.77_9,77-19,77-44.77-57.77-58.79-3.79-25.79-103, 80-43. 82-38, 83-38. 83_39.83-40,83-49.84-35,84-62.85-19,85-47.85-49. 85-69, 85-81, 86-67, 86- 73.87_28.87-46,88-4,118-34,119-2,89-80,91-69,91-80. 92-26,92-64,93-30,95- 70,95-72, AN;) 96-7; AND PROVIDING AN EFFECTIVE DATE. Copies of the propo3ed Ordinance are on file with the Clerk to the Board and are available tor 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, BOJl.RD OF COU:--¡TY COMMISSIONERS COLLIER COUNTY. FLORIDA TIHOTHY L. HANCOCK, CHAIFY,AN DWIGHT E. BROCK, CLERK By: IslEllie Hoffman, Deputy Clerk (SEAL) '~""-""---~-- . r12C 6 September 5. 1997 Mr. Edward Finn Operations Directo~ Public Ÿlorks Division Collier County GoverTh~ent Cornr~2X 3301 E. Tamiarni TYai~ Heal th/Commur'Ü ty Services Bui lding Naples, FL ~4112 Re: Notice of Public Hearing to Consider an Oràinance Relating to the Unifol~ Utility Operating and Regulatory Stanàa1"ds Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23. 199"/ as indicated on t.he enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, September 12, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ~,.-.._,.Iij l¿C b ORDINANCE NO. 97-_ AN ORDfNANCE TO BE KNO'W'N AS THE UNIFOR.M UTILITY OPERATfNG AND REGULATORY STANDARDS. PROCEDURES AND MONTHL Y UlLLfNG SCHEDULE ORDfNANCE; RE-ESTABLlSHfNG THE MARCO WATER AND SEWER DISTRJCT; DESCRlBfNG THE BOUNDARIES OF THE MARCO WATER AND SEWER DISTRICT; PROV[DING FOR THE MARCO WATER AND SEWER DISTRICT TO SUCCEED EXlSTING DISTRICT; ¡)ROVIDING POWERS OF THE MARCO WATER AND SE'N1:R DISTRICT; PRlJVlDrNG FOR ASSESSMENTS OF THE MARCO WA TER AND SEWER DIST~JCT; PROVIDING LEGISLA TIVE fNTENT FOR THE CREA nON AND RE-EST ABLlSHMENT OF THE MARCO WATER AND SEWER DISTRICT; PROVlDrNG FOR THE RE-ESTABLlSHMENT OF THE GOODLAND WATER DISTRICT; DESCRIBfNG THE AREA WITHIN THE GOODLAND WATER DISTRICT; PROVlDrNG FOR POWERS OF THE GOOD LAND WATER DISTRICT; PROVlDfNG ASSESSMENTS OF THE GOOD LAND WATER DISTRICT; PROV[DfNG FOR THE GOODLAND WATER DISTRICT TO SUCCEED EXISTING DISTRICT; PROVIDE FOR LEGISLATIVE rNTENT OF THE GOODLAND W A 'fER DISTRICT; PROVIDfNG FOR RATES, FEES AND CHARGES AND REGULATIONS OF THE COLLIER COUNTY W A TER- SEWER DISTRICT, TIlE MARCO WATER AND SEWER DISTRICT AND THE GOODLA."iD WATER DISTRICT; PROVIDING THE MONTHLY USER FEES FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES fN THE COLLIER COUNTY WATER-SE\VER DISTRICT AS FOLLOWS: 1, Water (a) Service Avaiiability Charge: (i) IndividuaJly Metered Residential, Non-Residential and Irrigation: 5/8 and 3/4 inch meter S 12,00 per month I inch meter S 24.00 per month 1 '/, inch meter $ 36.00 per month I '/: inch meter S 44,00 per month 2 inch meter $ 69,00 per month 3 inch meter S ] 34,00 per month 4 inch rTJI::ter S 207.00 per month 6 inch meter $ 411,00 per month 8 inch meter S 737.00 per month (ii) Multi-family Residential Property (master metered) First dwelling unit S 12,00 per month Each additional dwelling unit $ 8,20 per month (b) Volume Ch.-.a.rge Per 1,000 GaJlons: (i) Residential and Multi-family (no separate meter for irrigation): 1 - 10,000 gallor15 S 1.45 10,000 - 20,000 gallons S 1,82 Above 20,000 gallons $ 2,28 (ii) Non-residential (no separate.meter for irrigation): First bJock $ 1.45 In excess of first block $ 2.05 Non-residentiaJ First Block Usage Thrcshold: 5/8 and 3/4 inch meter 10,000 galJons I inch mctcr 25,000 gallons I V. inch metcr 40,000 gallons 1 '/2 inch meter 50,000 gallons 2 inch metcr 80,000 gallons 3 inch meter 160,000 gallons 4 inch metcr 250,000 ga!lons 6 inch meter 500.000 gallons 8 inch meter 900,000 gallons 1 "'"._..,...,"',..._---~~"~'" ...,....- 12C b (iii) Residential or Non-rl'sidenliallrrigaùon (scparotcly mete~ed): AIi usage S2.05 2, Sewer (a) Service Availability Charge: (i) Individually Metered Residential and Non-Residential Property: 5/8 and 3/4 inch meter $ 17.00 per month I inch meter S 35,00 per month I '/. inch meter $ 53.00 per month I 1/, inch meter S 65.00 per month 2 inch meter $ 101.00 per month 3 ioch meter S 197,00 per month 4 inch meter S 305,00 per month 6 inch meter S 606.00 per month 8 inch meter S 1,087.00 per month (ij) MuJti-fmJily (master metered) First dwelling unit $17,00 per month E3ch additicnal dwelling unit $12.00 per month (b) Volume Charge: (i) Per 1,000 gal!ons$ I. 96 (ii) Residential Maximum: The maximum volumetric charge for residential property sha11 be 10,000 gaBon per dwe!iing unit. 3. Dedicated Fire Syst¡:ms (a) Fire Meter (i) Fire Service meter size wil1 refer to the largest diameter meter installed for fire protection. (ii) Fire Ser...¡ce meter conn~tions that provide domestic or other wat~1" usage as evidenced by regular monthly detected usage shaH be biUcd acwrding to regular water monthly availability and usage charges as dC<'.Ärilx'.d herein. (1,) Volume Charge: (i) Per 1,000 gallons S j.45 PROVIDING MONTHLY USER FEES FOR RESIDENTIAL AND NON- RESIDENTIAL PROPERTIES fN THE MARCO WATER AND SEWER DISTRICT AS FOLLOWS: I . S~wer (a) Residential (i) Single: family residences, multi-famj];- residences, apartment residenœs, mobile home residences, Each one bath living unit Each additional bath per living unit (b) Non-Residential. Each facility sha!l be billed based upon the tota! of the foi!owing units contained th':rcin. (i) Hotd, motel and traiJer rental units: Each unit (ii) Comrr"¡ercia!, office, institutional, recreational and industrial toilet unit~ (not to include industrial W2.Sle) (Instit\ltional shall include but not be limited to churches, Pro~rty OW'I1et"S, association facilities, govcnunent service facilities, fire stations and schools); Each toilet unit (iii) Commercial and coin JaU!1dry washer units; Each washer \Hut $20.80 per month S 4,60 per month S 10, I 5 per month $36.95 per month S I 8.50 per month 2 --- -_...-~-_._"'-~_. 12C b (iv) Restaurant and lounge seating units; Each seating unit $ 3.25 per month Wastewater Adjustment Clause: [New FWSC Volume Rate (Sfl\.1gal) - Old Volume Rate] x 3.6 = $Adj, Residential wi Single Bath 1,0000 x $Adj, = Amt. to add to existing rate. Residential - Additional Bath 0.2222 x $Adj, '-= Arnt. to add to existing rate. HotellMotel per unit 0.4889 x $Adj, = Amt. to add to existing rate, Commercial \,7778 x $Adj, = AmI. to add to existing rate. Coin Laundry per unit 0,8889 x SAdj, = AmI. to add to existing rate. Restaurant per seat 0.\556 x $Adj. =- AmI. to add to existing rate. PROVIDING MONTHLY USER FEES FOR RESIDENT1AL AND NON- RESIDENTIAL PROPER·nES IN THE GOODLAND WATER DISTRICT AS FOLLOWS: 1. Water (a) Service Availability Charge: (i) Individual Metered Residential, Non-Residential and Irrigation: V. inch meter S 16,00 per month I inch meter S 37,00 per month 1 'I: inch meter S 72,00 per month 2 inch meter $ 114,00 per month 3 inch meter $ 226,00 per month 4 inch meter S 351,00 per month 6 inch meter $ 70 ,00 per month 8 inch meter S1,259.oo per month (b) Volume Charge per one thousand gallons (SlMgal) of usage: All usage $3.92 I Mgal Purchased Water Adjustment C]ause: [New FWSC Volume Charge - Old FWSC Volume Charge] = Adder 0.78 Existing Good]and S/Mg31 + Adder = New Goodland $lMgal factor is needed to adjust for unaccounted for water and the change in the monthly fixed charged from FWSC. PROVIDING OTHER CHARGES OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SE\VER DISTRICT AND THE GOODLAND WATER DISTRICT FOR INSTALLATION, TEMPORARY METERS, USER Ff",S, LATE PAYMENT FEES AND THE FOLLOWfNG CHARGES: 1. M.:ter Size 3/4" I" 1 y," Meter Tapping Charge S~60.00 $350,00 $500,00 $600.00 211 2. The following list of charges is established for user services: New Accounts $ 20,00 Meter Remova! or Lock $ 50,00 Turn On After Hours $ 50,00 Meter Removal or Lock After Hours $100.00 Meter Initial Re-Read $ 20.00 Meter TestJ2nd Re-Read S 35,00 Non-Emergency Shut Orfs $ 50.00 Account Reinstatement S 30.00 (plus full payment (less than or equal to IS days) and delinquency fees) Account Reinstatement $ 50.00 ( plus full payment (greater than IS days) and delinquency fees) J -<-"'--'--~ ._- 12C b 3, Effluent irrigation wage in each District shall be at the follo......ing schedule: (a) Service Availability Charge: (i) Individua1ly Metered Irrigation: 5/8 and Y. inch meter I inch meter 1 Y1 in<:h meter 2 inch meter 3 inch metcr 4 inch meter 6 inch meter 8 inch met>:r 10 inch meter 12 inch meter (b) Volume Charge Per 1,000 Gal!ons: Ful! Service Reuse: Master Metered Bulk Service Reuse S 700 per month S 14,00 per month S 25,00 per month S 39,00 per month S 75.00 per month S II 5.00 per month $227.00 per month $407.00 per month $542.00 per month $721.00 per month S 0,52 S 0,20 PROVIDING REGULA nONS FOR APPLlCA nON FOR SERVICE TO TIlE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT AND THE GOODLAND WATER DISTRICT; PROVIDING LIMITATIONS OF USE, CONTINUITY OF SERVICE Il'ICLUDING BILLING DISPUTES AND STANDARDS OF SERVICE, MAn'¡TENANCE AND REPAIR; PROVIDfNG FOR PROPERTY OWNER'S LIABILITY FOR DA.\.1.AGE TO EQUIPMENT; PROVIDING FOR SECURlTY DEPOSITS ON WATER AND SEWER ACCOUNTS; PROVIDING FOR PROPERTY OWNER'S RESPONSIBILITY FOR WATER SERVICE AND BAD DEBTS; PROVIDING FOR DArES BILLS ARE DUE AND DELINQUENT; DISCONTINUANCE OF SERVICE FOR NON-PAYMENT; PROVIDING FOR REINST A TEMENT FOLLO'Ñ1NG DISCONTINUED SERVICE; PROVIDING FOR BILLING PAYMENT WID:.""N METER BECOMES DEFECTIVE; RIGHT OF ENTRY OF AUTHORiZED AGENTS OR EMPLOYEES; PROVIDfNG fOR WATER BILL COMPLAINTS; PROViDING FOR METERS, LOCA 110N AND CHARGE FOR MOVING; PROVIDING FOR REQUIRED CONNECTIONS TO WATER AND SEWER SYSTEMS; PROVIDING FOR EXCEPTIONS TO CONNECTIONS; PROVIDING FOR CONNECTIONS TO BE MADE BY TIŒ COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT OR THE GOODLAND WATER DISTRICT; PROVIDING FOR UNLA WFUL CONNECTIONS PROHIBITED; PROVIDING FOR F AlLURE TO M.AINT A1N PLUMBING SYSTEM; PROVIDING FOR UNPAID FEES TO CONSTITUTE A LIEN; PROVIDING FOR NO FREE SERVICE; PROVIDING FOR SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT; PROVIDING FOR LA \VN SPRJNK1..ING REGULATIONS; PROVIDING FOR HARDSHIPN ARI.bu'lCE PROCEDURE TO LA WN SPRINKLING REGULATIONS; PROVIDING EXCEPTIONS TO LAWN SPRINKLING REGULATIONS; SETTING FORTH TIlE CITY OF NAPLES SERVILE AREA AND PROCEDULŒ TO EXn~'D EXISTING DISTRIBU110N WATER MAINS INTO THE COLLIER COUNTY WATER-SEWER DISTIUCr. MARCO W A"fER AND SE'ylER DISTRICT OR THE GOOD LAND WATER DIS-01.1CT; PROVIDING SE'>fER USE RESTRICTIONS \\-1TIUN THE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT AND THE GOODLAND WATER DISTRICT; PROVIDING FOR SUPPLEMENT AI. SERVICE CHARGES FOR DISCHARGE OF W AS1ES; PROV1Dfi./G FOR RULES AND REGULATIONS RELATING TO THE DISCHARGE OF INDUSTRIAL WASTE; PROVIDfNG FOR EFFLUENT QUALITY BOND; PROVlDfNG FOR THE USE OF PUBLIC W ASTEW A TER SYSTEM; PROVlDlNG FOR TIIE PROHIBITlONS OF GENERAL WASTEV,'ATER DISCHARGES; PROVIDING FOR MAXIMUM W ASTEWA TEF. CONCENTRA 110NS Al.LOWED; PROVIDn~G FOR APPROVAL AND Mi\INTENANCE OF PRETREATMENT FACILITIES; 4 ,n"'-'"'' .,_....".~~'"..,._......,.......,,_... 12C b PROVIDING FOR USE OF INTERCEPTORS AND CONTROL MANHOLES: PROVIDING FOR MEASUREMENTS AND TESTS; PROVIDING FOR SPECIAL ARRANGEMENTS AND DETER.,\iINA TION OF ACCEPTABILITY; PROVIDING FOR NATIONAL CATEGORICAL PRETREATMENT STANDARDS; PROVIDING FOR ALTERNATIVE DISCHARGE LIMITS; PROVIDING FOR 5T ATE REQUIREMENTS. PROVIDING FOR RIGHT OF COUNTY AND DISTRICT TO ESTABLISH MORE STRINGENT REQUIREMENTS; PROVIDING FOR EXCESSIVE DISCHARGE; PROVIDING FOR PRETREATMENT ST ANDARDS; PROVIDING FOR SLUG DISCHARGES; PROVIDING FOR REASONABLE SER VICE CONDITIONS; PROVIDfNG BASELINE REPORT; PROVIDING COMPLIANCE SCHEDULE. COMPLIANCE REPORT AND PERIODIC COMPLIANCE REPORTS; PROVIDING FOR MONITORING AND INSPECTIONS; PROVIDING FOR PENALTIES, VIOLA TIONS. DlSCOt-.'NECT OF SERVICE, SUSPENSION OF SERVICE, REVOCATION OF PERMIT; PROVIDING FOR SERVICE CHARGES AND FEES; PROVIDING FOR PENAL TIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY; PROVIDING FOR THE REPEAL OF COLLIER Cm;NTY ORDINANCES NOS. 74-28. 75-5. 75-20. 76- 38.77.9,77.19,77.44.77-57,77-58.79-3.79-25.79.103, 80-43.82·38.83-38. 83-39.83-40,83-49,84-35,84-62,85-19,85-47,85-49, 85-69. 85-81. 86-67. 86- 73,87-28,87-46.88-4,88-34,89-2,89-80,91-69,91-80. 92-26, 92-64, 93-30,95- 70,95-72. AND 96-7; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, there are currently three separate districts providing water, sewer. and/or emuent irrigation service to the residents of Collier County, Florida; and WHEREAS, the three districts are the Collier County Water-Sewer District. the Marco Water and Sewer District and the Goodland Water District; and WHEREAS, the Board ofCou!1ty Commissioner~ ofConicr County, Florida is the Ex- Officio Governing ßoarå of all three districts; and WHEREAS, the Collicr County staff is utilized by each district 10 perform the day-to· day o¡x-rations involved in operating and m,!Íntaining the district's facilities and providing dist.rict services; and WHEREAS, each district adopt~d district operating sl.1Iìdmds, procedures and fee schedules which, at times. conflict with or are different than the operating standards, procedures and fee schedules of the other districts; and WHEREAS, uniform operating star:dards, procedures and fee schedules, where justified. flfC in the best intercst of the àistricts and residents served by the districts; and WHEREAS. this Ordinance eswblishes uniform standards and procedures to enable the more efficient administrCltion of district services; and WHEREAS, Collier County has adopted several ordmances which apply to the provision of utility services by the districts and other private water and sewer utility s)'stems; and WHEREAS, the combination of these ordinances into a single comprehensive ordinance wiil provide a simplified and more eflicient mechanism for water and sewer utility systems and for the residents of Collier County to understand the regulations applicable to water and sewer utilities; and 5 liC b WHEREAS, this Ordinance is partially intended to be a codification of existing County ordinances into a singJe comprehensive ordinance; and WHEREAS, lhis codification is not intended to revoke or rescind any actions previously taken by a district. The district shall be treated as if it has always been in continuous existence from the date it was original1y estahlished despite the repeal of the original enabling ordinance establishing the district by this ordinance for codification purposes. NOW, THEREFORE, BE IT ORDAfNED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SE~:rl0N O~E. Re-Establisbment of M"rco Water and Sewer District. LL Definitions, As used in this Section One, the follo'Ning words and terms shall have the foJlo....,.¡og meanings, unless some other meaning is plainly intended: A. "Act" shali mean Chapier 153, Part II, and Chapter! 25. Florida Statutes, 13, "Board" shall mean the: BO<l.rd of County Commissioners of the County "-S the Ex- Offieio Goveming Board of the Marco Water and Sewer District. C. "Bonds" shall mean the obiigations i~sued by lhe Marco Water and Sewer District under the provisions of the Act, the enabling ordin.ance and this Ordinance to pay the cost of project or combination oÎ one or more projects and payable from revenues lierive:d from the o~ration of tÞe utility system, or procttds of speçial assessments levied against properties s~cial1y benefited hy a project or any other special funds authorized to bè pledged as additjonai security therefor under thr: provisions of the Act, or payable from any combination l)f such rev-.:nues, assessments or other funds, [), "Cost" sha¡~ have Ù1e same meaning a.~ sU'::h tenn is defined in the Act. E, "County" shall mean Collier County, Florida. F, "District" shaH mean the Marco Water and Sewer District hereby re-created, G, "Project" shall include all property and rights, easements and franchises relating thereto and deemed necessary or convenient for the construction or acquisition or the operation thereof, and shall indude the acquisition or construction of any water system and/or sewer system as defined in the Act and any combination thereof. J.1., Re-Creation of the Marco Water and Sewer District. The follo\o\ring described unincorporated contiguous area of the County is hereby declared 10 comprise the Marco Water and Sewer District, to ",;t: All of Marco Island except the are"-S known as Old Marco ViJlage and Goodland, The District shall he a body corporate and politic, having all the powers granted by the: Act to a district created under the Act, and shall further have all the powers of a municipal services taxing or benefit unit as authorized by Section 125,Oi, Florida Statutes and Chapter 153, Part II, Florida Statutes. The Board of the District shall be the Ex-Officio Governing Board of the Marco Water and Sewer District. 1,1.. District to Succeed Existing District. All property, real and ~tsOnal, rights, claims, franchise, licenses and other assets of every kind, and all liabilities and obligations of every kind, of the existing water and sewer 6 -~,.". <,.,......"----~.~--'- 12C 6 district comprising the area de~cribed in Section 1,2 above or any part of ~id area are hereby vC5ted in Lh~ District, which shall succeed such existing district; and such existing district is hereby aboli5hed and re.çreated by this Ordinance, L:t District Powers, The Di~1rict shal1 have all the pow~rs of a district under the Act. including but without limitations, th~ power tn acquire, construc'., erect. equip, operate and maintain projecls and finance the cost thereof with Ù1C procet:ds of ùle bonds of the District. The District shall further have all the powers of a Municipal Service Taxing or Benetil Unit a.s authorized by Florida Statutes Chapter 125, L5., Lq~j5Iati"e Intr.nt. The intent of this Section is to pro vide a means for financing the construction of water and/or sewer systems wilhin the lands described within Section 1,2 'Jf ùlis Ordinance, For administrative converuence it is desired to acçomplish lhe~ things through the creation (If a district pu:suant to Chapter 153. Part II, Florida Statutes. In doing so. the Board recogniz.es the apparent conflict belween Chapler 153, Part II, Florida Statutes, which provides certain procedures for the creation of a district including petition, public hearing and referendum, and Chapter 165, Florida Statutes, which provides ù\at special districts may be created only by ordinance or special act and further provides that this shall be the exclusive method of creating sp-:cial districts and that aU general or special laws in conflict with said Chapter 165, Florida Statutes, are ineffective to the extent of such conflict. The Board further recognizes that Chapter 125, Florida Statutes, empowers the Board of County Commissioners to create district> for the provision of municipal services including water and sewer systems, and that Chapter 153, Part I, Florida Statutes, contains a general grant of power to counties to do the things authorized therein, said powers being deemed supplemental and additional to the powers conferred by other laws. Accordingly, it is the consensus of the Board, and the Board does hereby dec!are, that if the re- creation of a district pursuant to Chapter 153, Part II. Florida Statutes, as ordained herein shall be declared by a court of competent jurisdiction to be null and void as being unlawfully created by ordinance, then this District shall be deemed created pursuant to Chapter 125, Florida Statutes, with all the powers as provided therein, supplemented by the powers granted counties pursuant to Chapter 153, Part I, Florida Statutes, and the lands described herein shall be known as the Marco Water and Sewer District by whatever authority created, and aU acts and things done by the Board of County Commissioners as the Ex-Officio Governing Board of the Marco Water and Sewer District shall be deemed to be done pursuant to the authority granted by Chapter] 53, Part I, Florida Statutes; Chapter 153, Part II, Florida Slatutcs; or Chapter 125 Florida Statutes, as may be appropriate. SECTION TWO. Re-.fu!ablishment of Goodland Wllter District. li, Definitions. As used in this Section Two, the following words and terms shall have the following meanings, unless som~ other meaning is plainly intended: 7 "".,"""~""....,--"...-,,,,~,,,,..,_.~~.."- 12C 6 A. "Act" shali mean ChapteT 125, Fiorida Statutes and Chapler 153. Part II. Florida Statutes. ß, "Assessmenl.<;'· shall mean the proceeds 10 be derived from assessments to be levied against the lands a.nJ properties to be speçially benefited by the conslructÎO:1 of any project. including intcrest on such assessments and any penalties thereon and moneys received upon the foreclosure of the liens of any such assessments, but exduding money recovered for the expense of collection of the assessments, C, "Board" shall mean the Board of County Commissioners of Collier County as Ex- Officio the Governing Hoard of the Goud1and '.,Vater District. D. "Bonds" shall mean the obligations Issued by lhe District under the provisions of this Section Two 10 pay the co'st of a project or combination of one or more projects. the principal of and premium, if <In)', and inter,;st on which shall be payable from the revenues derived from the operation of one or more projects, assessments, ad valorem taxes within the District only or any other funds of the Distnct or of the County derived from sources other than ad valorem taxation and legally available for such purpose, E, "Cost", when used in conrtection with a project, shall mean all expenses necessary, appurtenant or inciden\alto the acquisition and construction of such project, including withoutlimitztion the cost ~f any land or interest therein or of any fixtures, equipment or personal property necessary or convenient therefore, the cost of labor and materials to compkte such constrUction. engineering and legal expenses, fiscal expenses for plans, specifications and surveys, interest during construction, administrative expenses related solely to the acquisition and construction of the project and aU expenses incident to the financing of the project i'.11d the issuance oì bonds therefore, F, "County" shall mean CoUier County. Florida. G, "District" or "Goodland Water District" shaU mean the mwlÍcipal services taxing and benefit district created her.:by and comprising the area of the District described above, H. "Project" shaH mean any Water System or any extension of or improvement thereof, or any <:ombination thereof, and shall include all property and rights, easements and franchises relating thereto and deemed necess.'U)' or convenient for the acquisition, construction or operation thereof. I. "Water System" shall mean a.nd include any system. facility, p]ant, or other property used or useful or having the present capacity for future use in connection with obtaining, purifying and supplying water for human consumption, fire protectiun, irrigation or consumption by business or industry and. without limiling the generality of the foregoing, shall embrace wells. reservoirs, tanks, pumps, pipes, mains and all necessary or convenient appurtenant equipment. 2,2. Nell of the Goodland Water District. Tl1e following described unincorpordtcd contiguous area of the County is hereby declared to comprise the District, to wit: 8 12C 6 All unplatted lands lying Ea:;t of Westerly, North-South section li:1e of ~\Íons 18 and 19. Town$hip 52 South, Range 27 East and the planed léa.l!d:; lying in Goodl:md Isles, the First Addition iUld the Second Addition as recorded in Plat Book 6, Page 7; Plat Book 8, Pages I and 2 and Pial Book 8. Page 19 res~ctivey; and all la.nds lying in Goodland Heights Amended and First Additie>n as re~crdc:d in PI2-t Book I, Page 85 and Plat BC>OK 4. Page 1 g respccÜveiy; and all lands lying in Pettit Subdivision as recúrded in Plat BooK 2, Page 88 of the Public Records "fCoHier County, Florida; all .:cmrnonly kr.own as Go<Y.iland. TIle Oi:;trict shall b-: a public r..ody cOïpOrate and PQlitic, lì1e BOald shall bt: Ex-Officio the Governing Board of the DistricT. 2.3, Distriçt Powers. A, The District shaH have and o::xerciS(: aU of the powers granted by or implied by th~ Act with rcsj)(:ct to municipal $erviccs taXing and b-::ndit w.its created \Jllder the: ,\ct., including without limitation the power to ac.;¡ujrt:. consln.Ict, ~rect, equip, operate and maintain projeçt~ and finance the coS1 thereof ....ith the proceeds of Bonds of the District., which Bonds the District is hereby authorized to issue; to Ie...)' an ad valorem taX not to exceed ten (10) mills, special assessments and fees; to hold and dispose of real and personal property; and to employ and discharge employees and authorize thcm to entcr upon privati: property and public property at reawnable times for inspections related to the operation of any project and otherwise perform their duties; to promulgate rules and regulations; and to do all other things nc:cc:ssary to convenient with respect to or reasonably implied by the foregoing, B. As supplemental or aJtefl'.ate authority to CM1j' opt the purpose: of the District, the District shaH have a.1d exercise: all the pow~rs granted to water and sewer di!>tr1.:ts under Chapter 153, Part II. F!orida Statutes, 2.4. District Asscssments. A. The District may provide that the coS1 of any project or any part thc:reofbe assessed against the lots alld parcels of real property in the area of the District specially beTlefitcd by such project or part thereof and for the issuance of Bonds payable from such assc:s.sments and the: District, in addition to, or conjunction with, the powers granted ~in may proceed under the provisions of Chapter 170, Florida Statutes, as if !.he District were a municipality and the: propo~ project were one described in Section 170.0 I of such Chapter. except as hereafter provided otherwise, B, Speci~l assessments against properties deemed to be benefited by a project shall be assessed upon such properties in proportion to the benefits, determined and prorated on a flat rate: basis (providing an equal assessment upon each lot or parcel asses5ed). or based on the: respective areas of the properties assessed. or according to the: front footage of the: respective properties asS(:sS(:ù or on such other basis as the Board may prescribe as being most equitable and fair lrnder the circumstances. C. The Board may declare that any assessments may be made payable in not more ÙUUl fort)' (40) equal yearly installments. with interest on the unpaid balance thereof at a rate per 9 --... 12C 6 annum d~terminC'd by the Board, to which. if not paid wh~il due, thcre shall be added the penaJty prescribed by s~ch Chapter D. Bonds payahl-.: from such a5sessment~ and any other Bonds issued hereunder shaH bear interest at su¡;h rate or rales per annum as shall œ determined by the Board. payabJe annually or semiannually, shall mature at S'Jch time or times not exceeding fcrty (40) years f¡om the date of their issuance and shaJl be sold in such manner and at such price as the Board may determine to be in the best inlcrest of the District, but no such sale may be made at a price of kss than ninety percent (90%) of the par value of the Bonds, 2.S, District to Succeed Existing District. All property. real and personal, rights, claims. fra.nchi~, licenses ;lfId other assets of every kind, and all1iabilities and obi igaÜons of every kind, of the existìng water district comprising the :uea described in Section 2,2 or any part of said area are hereby vcsted in the District, which shall succeed such existing distrÍl.:t; and such cxiscing district is hereby abolished and re-created by this Ordinan<:e. SEÇfIQN THREE. 'pi,lrict Ra~e5, Fcc", Charl!:e5 and Rel!:ulation, U Definitions. Unless specifically provided otherwise thesc definitions shall apply to this Section Three, (a) "District" shall collectively refei to as the Coilier County Water-Sewer District, the Marco Water and Sewer District, a.'1d the Goodland Water District unless specifically provided herein, (b) "Equivalent Dweliing Unit" shall mean the equivalent usage requirements of an average single-family n:siGential <.:onnection. It is used as a factor 10 convert a given average daily water or wastewater requirement to the equivalent number of single-family residential connections, (c) "Service Availability Charg~" shall mean a monthly charge per dwelling unit or equivalent dwelling unit for r~síC:~ntiaJ and non-residential uSc:~ with no usage included, (d) "Sewer Us~" shall be defined as the connection of drains for all faucets and facilities on the property, wh;::re potable water is used in çonnection with sanitary purposes from the potable water system. Such u:,;z.ges shall include, but nol be limited to, sinks, showers, bathtubs, commodes, urinals, bidets, dishwashers, "''3..'Ih\:I'5, and other such facilities. "Sewer Use" shall spccificaily not indude runoff water being allowed to enter the District Sanitary Sewer System, (e) "Use" _ The term "Use" with respect to "Water Use" on the District'~ water system, which is a potable water system. shall mean the sole utilization of water from the District system through a\l fixtures and pipelines on the property except whcre a separate system is available so!ely for outside irrigation. AllY such irrigation sMlI require an apµroved backf10w prevention device and a physical separation from the remaining potable water system, "Water Use" shall speçificcl:y include, but not be limited to, the flow of water to all sinks, dishwaJ>hers, commodes, urinal'), showers, hot water heaters, washers, drinking water coolers and drinking water machines. Such facilities sèu!1l also .irain to Lie 10 12C 6 District's sanitary sewer system, where available, in confonnance ....ith other applicable sections of this Ordinance as well as ot.her Ordinances adopted by Collier County, or applicable State and Federal laws, rules or regulations. U. Monthly Rates, F~es and Charge1l. Monthly rates, fees and charges for water, sewer, and/or effiuent irrigation services provided by or made available by the DiS1rÍct shall be: sufficient te recov~r 5ystem operation, rT'..aintenance, renewal enhMccment, replacement and debt service costs and shan be proportionally distributed among system users éL'1d customers receiving the beoefits as follows: A. Monthly user fees for the Collier County Water-Sewer District. Resid~ntial and non-residential properties .....ithin the boundaries of the Collier County Water-Sewer District shall pay the fo!!owing rates, fees and charges for service provided by the Collier County Water-~wer Districts: 1. Water (a) Service Availability Charge: (í) IndividuaJJy Metered Residential, Non-Residential and Irrigation: 5/8 and 3/4 inch meter J inch meter I Y. inch meter I Y2 inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter $ 12.00 per month S 24.00 per month S 36.00 per month $ 44,00 per month S 69.00 per month S 134.00 per month $207.00 per month $411.00 per month $737.00 per month (ii) Muiti-family Residential Property (master metered) First dweJling unit S 12,00 per month Each additional dwelling unit S 8.20 per month (b) Volwne Charge Per 1,000 Gallons: (i) ResidentiaJ and Multi-family (no separate meter for irrigation): I - 10,000 gallons S 1.45 10,000 - 20,000 gaJlons $ 1.82 Above 20,000 gallons $2.28 (ii) Non-residential (no separate meter for irrigation): First block $ 1,45 In excess of fin.-t block S2.05 Non-residential First Block Usage Threshold: 5/8 and 3/4 inch meter ] 0,000 gaJlons I inch meter 25,000 gallons I '/. inch meter 40,000 gaJlons 1 Y2 inch meter 50,000 gallons 2 inch meter 80,000 gallons 3 inch meter 160,000 gallons 4 inch meter 250,000 gallons 6 inch meter 500,000 gallons 8 inch meter 900,000 gal]ons (iii) Residential or Non-residential Irrigation (separately metered): All usage $2,05 11 " ._._~""-,%_..--._...- l¿C Ó 2. Sewer (a) S~r\,jce Availability Charge: (i) Individually Metered Residential and Non-Residential Property: 5/8 and 3/4 inch meter S 17.00 p;:r month I inch meter S 35.00 per month I y. inch meter S 53.00 per month I Y1 inch meter S 65,00 per month 2 inch meter S 101.00 per month 3 inch ~ $ 197.00 per month 4 inch meter S 305.00 per month 6 inch meter S 606.00 per month g inch ~ $\ ,087.00 per month (ii) Multi-family (mas\.er metered) First dwelling WlÍt S 17.00 per month Each additiol13\ dwelling unit S 12,00 per month (b) Volwne Charge: (i) Per 1,000 gallons S 196 (ii) Residential Maximum: The maximum volumetric charge for residential property shall be 10,000 gallon per dwelling unit. 3. Dedicated Fire Sysœms (a) Fin: Meter (i) Fire Service meter size will refer to the largest diameter meter installed for fire protection. (ii) Fire Service meter connections that provide domestic or other water usage as evidenced by regular monthly detected usage shall be billed according to regular water monthly availability a....d usage charges as described herein. (b) Volume Charge: (i) Per 1.000 gallons S 1.45 B, Monthly user fees for the Marco Water and Sewer District. Residential and non-residential propertics within the boundaries of the Marco Water and Sewer District shall pay rates, fees and charges for service provided by the Marco Water and Sewer District. The definitions set forth in Section 1.1 shall apply to this subsection. The rates of the Marco Water and Sewer District are as follows: . Sewer (a) Residential (i) Single family ~idences, multi-family residences, apartment residences, mobile home residences. Each one bath living unit $20,80 Each additional bath per living unit S 4.60 (b) Non-Residential. Each facility shall be billed based upon the total of the following units contained therein, 0) Hotel, motel and trailer rental units: Each unit S 1 0.15 \2 -..-.........-- .."_._-_.._._-..-,".".".,.,,,,,,-,~,,,---- 12C b (ii) Commercial, office, institutional, recreational and industrial toilet units (not to include industrial waste). (Institutional shall include but not be limited to churches, Property oy,mers, association facilities, government service facilities. fire stations and schools); Each toilet unit $36.95 (iii) Commercial and coin laundry washer units; Each washer unit $ 18,50 (iv) Restaurant and lounge seating units; Each seating unit S 3.20 Wastewater Adjustment Clause: [ New FWSC Volume Rate (SlMgal) - Old Volume Rate] x 3,6 = SAdj, Residential wI Single Bath 1,0000 x SAdj. = Amt. to add to existing rate. Residential _ Additional Bath 0,2222 x SAdj, = Amt. to add to existing rate. HoteJIMotel per unit 0.4889 x SAdj, = Amt to add to existing rate, Commercial 1.7778 x SAdj. = Amt. to add to existing rate. Coin Laundry per unit 0,8889 x SAdj. = Amt. to add to existing rate. Restaurant per seat 0,1556 x SAdj. = Amt. to add to existing rate. Note: From time to time Florida Water Services Corporation (FWSC) is authorized to increase sewer rates b)' lhe Collier County Water and Sewer Authority. This PW AC is designed to automatically "pass ,through" this increase, d01lar-for-dollar. The new rates for Marco Water and Sewer District should become effective the same month that FWSC increases the price of wholesa]e sewer to Marco Water and Sewer District. C. Monthly user fees for the Goodland Water District. I.The rates for service to residential and non-residential properties shall be set forth herein. Said rates are hereby found to be fair and equitable and may be changed by ordinance amending the rate schedule. Rates charged to customers within the Goodland Water District shall be as follows: (a) Water Service Availability Charge: (i) lndividuaily Metered Residential, Non-Residential and Irrigation: Metcr Size Monthly Charges '¡." S 16.00 \" S 37.00 I Y2" S 72.00 2" S 114,00 3" $ 226,00 4" $ 351.00 6" $ 701,00 8" $1,259,00 (b) Volume Charge per 1,000 Gallons: All Usage $3.92 I Mgal 13 "~''"'''-'-- 12C 6 Purchased Water Adjustment Clause (PW AC): { New FWSC Volume Charge· Old FWSC Volume Charge] = Adder 0.78 Existing Goodland S/Mgal + Adder == New Goodland SlMgal factor is needed to adjust for unaccounted for water and the change in the monthly fixed charged from FWSC. Note: From time to time Florida Water Services Corporation (FWSC) is authorized to inctUSC water rates by the Collier CoW1ty Water and Sewer Authority. TIùs PW AC is designed to automatically "pass-throughP this increase. dollar-for-dollar. The new rata for GoodJand Wasc:r District should become effective the same month that FWSC increases the price of ~'hoksak water to Goodland Water District. ;u., District Rates. Fees and Charges other than Monthly User Fees, A. Meter ins1a11ation charges to be paid to the District shall be as foll~"S: I. Meter Size Mcter Tawing Charge 3/4" I" I VI" 2" S260.00 S350.00 S500.00 S600.00 The fees in this subY-Ction are based upon meter installation for a typical single family n:sidential street. In all other circumstanCes. the meter installation fee shall be based upon the District's actual cost for time and materials. 2, For meters larger than two (2) inches. the materials and labor for ins<.a1lation of such meters shall be furnished by the developer in accordance with District requirements and specifications and dedicated to the District in accordance with County ordinances, at no cost to the District. 3. All meters two inches (2") or smaller will be installed by the District and shall remain the property of the District. 4. Meters must be left accessible to District employees at all times, 5, When ar,y property owner, who has a water meter, makes application to the District for the installation of a larger meter to replace a smaller meter, the property owner shall be given no credit for tapping charges paid on the smaller meter in accordance with the above schedule. There shall be no refunds or credits given to any property owner requesting a smaller meter. B. Temporary Meters, I, Temporary meters may b.: installed arId removed by the District. The fee for such installation and removal shall be based upon the District's actual costs for time and materials. 2. 1ñe tt:mporary meter charge for service shall be based upon the non-residential monthly availability and volume charges. 14 _m.--"'~__·__'''''_''''·~"'" 12C 6 C. The following list of charges is established for user services: New Accounts Meter Removal or Lock Turn On After Hours Meter Removal or Lock After Hours Meter Initial Re-Read Meter T estl2nd Re- Read Non-Emergency Shut Offs Account Reinstatement (less than or equal to 15 days) Account Reinstatement (greater than 15 days) S 20.00 $ 50,00 S 50,00 $100,00 S 20,00 $ 35.00 $ 50.00 S 30,00 (plus full payment and delinquency fees) S 50,00 (plus full payment and delinquency fees) D, Effluent irrigation usage in each District shall be at the following schedule: (a) Service Availability Charge: (i) Individually Metered Irrigation: 5/8 and :y. inch meter I inch meter ] Y, inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter g inch meter I 0 in<:h meter 12 inch meter S 7,00 $ 14.00 $ 25,00 $ 39,00 $ 75.00 $115.00 $227.00 $407.00 $542.00 $721.00 (b) Volume Charge Per 1,000 Gallons: Full Service Reuse Master Metered Bulk Service Reuse S 0,52 $ 0.20 Except in cases where a written agreement between the District and the property owner establishes a minimum gallonage monthly effiuent rate that cannot be changed unilaterally by the District, all golf course and other bulk sal~s of effluent shall be sold and billed in accordance with this section. E. Late payments for monthly user fees are subject to a charge of 5% on the unpaid balance after the due date on the bi!1. F. The rates, fees and charges as established in this Section 1ò.ree shall be reviewed on an annual basis to ensure adequate revenues for District system operation, maintenance, renewal, replacement, enhancement and debt scrvice costs, 1.1, District Regulation, A. Application For Service. 1. To obtain service, application must be made at the office of the District. Applications are accepted by the District with the understanding that there is no obligation on the part of the District to render service other than that which is then available from its existing facilities, The District reserves the right to refuse service from its transmission mains. 2. Utility Service is furnished only upon signed application of the property owner. accepted by the District, and the conditions of such application or agreement are 15 -,- 12C 6 binding upon the property owner as well as the District. A copy of each application or agreement for utility ~rvice accepled by the District will be furnished to the property owner. 3, The applicant shall furnish to lhe District the correct name, street address and legal description at which service is to be rendered at the time of the application for service. All sys1em development charges, impact fees, connection and installation fees, and any other fees, rates and charges established by the District shall be paid in full at the time of application for service. 4. Application for service reques1ed by firms, partnerships, associations, corporations and others, shall be tendered only by duly authorized individuals. When service is rendered under agreement or agreements entered into between the District and an agent of the property owner, the use of such service by the property owner shall constitute full and complete ratification by the property owner of the agreement or agreements entered into between agent and the District under which such service is rendered, ^ tenant of property shall not be construed to be an agent. 5, Where the District's water or sewer main is accessible to render service, as determined in Seçtion 3.4, paragraph K, no Collier County Building Permit may be issu~ until such time as proper application shall have been made for service and aJI fees necessary for the rendering of such service shaH have been paid to the Dis1rict. 6, The District may withhold or discontinue service rendered under application made by any property oymer, or the property oymer's agent, unless all prior indebtedness to the District of such property owner for utility ~rvice has been settled in full. Service may be withheld or discontinued for non-payment of bills and/or non-compliance with rules and regulations in connection with the same or any different class of service furnish~ to the same property o·....ner at the same premises, or for non-payment of any account for service to the property. Exception: if service was provided under an account ill the name of a non-owner of the property, further service under a new accol.U1t can be withheld or discontinued omy if the prior nonowner account holder received direct benefit from the rendering of that service at the service location. B, Limitation Of Use. Continuity of Service. I, Unless authorized by the District, water and/or sewer service purchased from the District shall be used by the conswner only for the purposes specified in the application for service. and the propt.:rty owner shall not sell or otherwise dispose of such service supplied by the District. Unless authorized by the District, service furnished to the property owner shall be rendered directly to the property owner through the District's connection, and undc:r no circumstances shall the property owner or property owner's agent or any other individual, association or 16 ,-,...---_....,-. 12C 6 corp-oration install equipment for the purpose of disposing of said service. I n no ease shall a property owner, except with the "'TItten consent from the District. extend their installation across a street, alley, lane, court, property line, avenue, or any other way, in order to furnish service for adjacent property, e'/en though such adjacent property is owned by them. In the event there is an unauthori7..ed e".<tension, sale or disposition of service, the property owner's service will be subject to discontinuance: until such unauthorized extension, sale or disposition is discontinued and full payment is made of bills for service, calculated on proper classification and rate schedules and reimbu~ments in full are made to the District for all extra expenses incurred for clerical work, testing and inspections. 2, The District will at all times use reasonable diligence to provide continuous service, and having used reasonable diligence shall not be liable to the property owner or occupants for failure or interruption of continuous water service. The District shall not Ix liable for any act or omission caused directly or indirectly by strikes, labor troubles, accident, litigation, breakdo\VJ1s, shutdowns for emergency repairs, or adjustment, acts of sabotage, enemies of the United States, wars, state, municipal or other governmental interference, acts of God or other causes beyond its control. 3. Property Owners shall maintain that portion of the water lines on their property located beyond the District service connection., and all loss of water through breaks or leakage to the premises will be paid by the property owner. The property owner shall maintain that portion of the sewer line located on their property. 4, A landlord who is a custom'.:r of the District and who provides water and/or sewer service to rental units through a single master water meter shall, under any of the !ollowing three circumstances, be exempt from the prohibitions contained in Section 3.4, paragraph B,I. against the sale or disposition of District water and/or sewer service: (a) A landlord may apportion the monthly charge for District water and/or sewer service through the master meter equally among all rental units provided that the total monthly charge to all rental units shall not exceed the landlord's actual cost for District water and/or sewer service; or (b) A landlord may install submeters for each rental unÜ to track each unit's usage of water service and then charge each unit according to its exact usage, A landlord who installs submeters shall comply with the requirements of Section 3.4, paragraph E below and shall not recover more than his actual cost for District water and/or sewer service through the master meter and shall not pass on to his tenants any of the capital or administrative cost incurred in the installation and monitoring of the 17 ~",.,-^'".._--_. 12C b submcter.; or the billing of t~nants for their water and/or :;ewcr scrvice usage; or, (c) A landlord may also provide water and/or sewer service to rental units through a single master water meter for no specific compensation provided that in no event shall any andlord rccovcr more than his actual cost for District water and/or sewer serviœ from his tenants, 5, For any rental units which are under lease agreement as of the effective date of this Ordinance, a landlord choosing to install submetcrs as provided in Section 3.4, paragraph B.4(b). above, shall not begin monitoring a rental unit's water usage for the purposes of charging a unit according to its actual water usage until the expirntion ofthe then existing term under such \ease agreement. Upon renewing an expired lease, or upon entering any new lease agreement with a tenant subsequent to the effective date of this Ordinance, a landlord choosing to submetc:r shaH fully disclose to the tenant the landlord's ability to separately charge each rental unit according to its exact water usage. Such disclosure shall be in both of the following forms: (1) oral representations by the landlord to the tenant at the time of negotiating the lease and before either party has signed the lease agreement, and (2) by conspicuously printed disclosure provision in the lease agreement specifiCAlly referencing the landlord's ability to submeter pursuant to the teons of this Ordinance and initialed by the tenant. 6. Upon a tenant's written request, any landlord who exercises his privilege to recover his actual cost for county water and/or sewer service shalJ provide to the tenant documentation of the landlord's actual cost for District water and/or sewer senice as well as documentation and a written explanation of the basis for any costs charged to the tenant for water and/or sewer service. Such documentation and written explanation shaH be provided within five (5) business days from receipt of the written request. 7, Furthermore, upon dispute of a water bill by a tenant in person, in writing, by telephone, or in any other manner, a landlord shall, \Ioithin five (5) business days of receiving notice of the tenant's dispute, pursue alJ of the folJowing remedies in an effort to resolve the dispute: (a) Reread the master meter and/or any submeter to verify the accuracy of the meter reading process and the working condition of the meter(s); (b) If the working conditio!'! or accuracy of the master meter or any submetc:r is in question after being reread, the landlord shall have the meter tested; (c) If after being tested the master meter or any submeter is found to be inaccurate or otherwise defective, the District or the landlord, as the case may be, shall immediately repair or replace the meter; 18 ---~"""'_..,...--...~..-..._. lil; b (d) Provide d<x:umentation of current and past billing practices with respect to the applicable rental unit for the period of the requesting tenant's occupancy; (e) Arrange a meeting with the tenant and the property manager or some other representative of the landlord to discuss the billing process; AND (f) Any tenant whose request is unsatisfactorily addressed or who has exhausted the above options without redress may bring suit in a court of competent jurisdiction to obtain relief under Chapter 83, Florida Statutes, the Landlord Tenant Act. 8. All submetc:rs must achieve no less than the accuracy standards as currently met by the District for its own water meters. In addition, any landlord instaJling submete:rs shall provide:, where applicable, the following services, at the landlord's expense, which either meet or exceed the: level of service currently provided by the District with respect to ils water meters: (a) The landlord shall promptly, upon receiving notice, repair all submeter leaks; (b) The landlord shall promptly, upon receiving notice, replace any failed service lines or ð.'!sociated components; (c) The landlord shall promptly, upon receiving notice, replace damaged or deteriorated submeter boxes or lids, and shall, where applicable, lower or raise a submeter box to grade as necessary; (d) The landlord shall, upon receiving a water quality complaint, check applicable connections and flush applicable service lines; (e) The landlord shaH, upon receiving a low pressure complaint, check and test the system to ensure proper operation; (f) The landlord shall locate all submeters and service lines upon reasonable request by a tenant; (g) The landlord shall turn 01T applicable submeters in emergency situations; (h) The landlord shall read all submeters no less frequently than once a month; (i) Th:: landlord shall replace all submeters that become stuck or difficult to read; and (j) The landlord shaIJ notify the tenant of a potential leak upon reading a sub meter that reflect'! an unusually high usage, 9. The provision of water service through a single ma!>1er meter by a landlord as described in this subsection is deemed not to constitute the sale or disposition of water service. The provision of sewer service as described in this subsection is deemed not to constitute the sale or disposition of sewer service, 10. Any condominium association that is a customer of the District and provides water and/or sewer service to condominiwn units through a single master meter 19 ...«-_..._"."-"...-,,_.,.~._.-. 12C 6 may allocate the cost for such water service among its members either by equal apportionment, installation of submeters, or otherwise provided that such allocation of cost is restricted to recovery of the condominium association's actual cost for District water andJor sewer service and directly related administrative or capital expenses incurred in recovering that cost. Upon member's written request, any condominium association that exercises its privilege under this exemption from the prohibitions in Section 3.4, paragraph B.1. to recover its actual cost for District ....."3~:r andJor sewer service and directly related administrative and capital expenses incurred in recovering that cost shaH provide to the member documentation for the condominium association's actual cost for District water andJor sewer service as well as documentation and a written explanation of the basis for any costs charged to the member for water service. Such documentation and written explanation shall be provided .....ithin five (5) business days from receipt of the written request. The provision of water service through a single master water meter by a condominium association as described in this subsection is deemed not to constitute the sale or disposition of water service. The provision of sewer 5Crvice as described in this subsection is deemed not to constitute the sale or disposition of sewer service, II. Any landlord or condominium association that elects to install submeters shaH not charge a security deposit. C, Property Owner's Liability For Damage to Equipment. The property owner is liable to the District for any damage done to the District's equipment used in providing service to the property O.....11er, except damage done by District employees. D. Security Deposits on Water Account. Security deposits are no longer required on District customer accounts for water service. All existing security deposits on customer accounts shall be credited, pro-rata, to each customer account. E. Security Deposits on Sewer Accounts. Security deposits are no longer required on District customer accounts for sewr.r service. All existing security deposits on sewer service shall be credited, pro-rata, to each customer account. F. Property Owner's Responsibility for Water Service; Bad Debts. I. The property owner is responsible for all water and/or sewer service provided to the property. In the event service is discontinued for non-payment, service will be restored only after property owner has fully complied with provisions of Section 3.4, paragraph G.2 and G,3, of this Ordinance, 2. Bad debts will be taken off the books and the property owner's name and the amount due will be filed in a bad debt file, In the event water andJor sewer 20 .....,-,--_... 12C 6' service is requested to the property owner in the future, this back debt must be paid before water and/or $(:wcr service ....ill be furnished. G, Dates Bills Due and Delinquent; Discontinuance of Service for Non-Payment; Reinstatement Following Discontinued Service. 1. Bills for service are due by the date set forth on the bill from the District and are deHnquent thereafter. Service will be cut ofT when delinquent for non-payment of bills. 2. 'When service ha.<; been discontinued for nonpayment of current bills, service will be renewed upon payment of all unpaid bills, pIlls a thirty dollar ($30.00) service fee for reinstatement, provided however, the settlement in full is made on or before fifteen (15) days from the date of the discontinuance of such service. 3. If service is discontinued for more than fifteen (15) days by the property owner's request, or for any other reason, the street cock wiJl be turned ofT and the meter removed from premises. Should the property owner request renewal of service for the premises, service will be restored upon full payment of: 1) all past due bills plus delinquency fees, and (2) a reinstallation charge of fifty dollars (S50.oo). 4, Billing for water servï..:e shall begin upon registration of water on meter, or ninety (90) days from d2.te of application for service, whichever occurs first. Billing for sewer service shall commence upon the issuance of a cenificate of occupancy or ninety (90) days following the issuance of a notice to connect to the sewer system, whichever occurs first 5. The property owner shall immediately notify the District of any additional dwelling units connected to the District's service lines if the dweJling units have not bt:en included in previous applications. for violation of this Section, the District's service may be discontinued. 6. TIle property owner shall reimburse the District for its expenses to change a location or a meter, when the property owner requests a change in location. The District's expenses include labor, materials plus an administration fee equal to ten percent (10%) of the District's expenses. H, BiJling Payment When Mett:r Becomes Defective; Right Of Entry Of Authorized Agents Or Employees. 1, Should the meter on any premises become defective, so that the amount delivered for the current month cannot be ascertained, the property owner shall pay for that month an amount equal to the average amount charged for the four (4) preceding months unless the actual amount of water can be detrnnined. 2. Duly authorized agents and employees of the District shall, during daylight hours or if called out after dark for emergency service, have access to any property for the purpose of examining the condition of fixtures, service pipe ínstaliation and sUl'h other purposes as may be proper to protect the interest of the District, 21 .,~..".'" ""~."'""'''''''''ß_''"~_.'~___ 12C 6 reading or repairing ilic water meters located thereon, or turning the supply of such watcr to the premises off or on, I. Water Bil! Complaints, No high water bill complaints shall be accepted for inspection by the District unless all plwnbing fixtures, piping and outlets have been examined by a licensed plumber who has certified that there are no leaks. If an investigation is made by the District and the findings reveal the initi~ meter reading was accurate and the meter is functioning properly, a re-read charge of twenty dollars (S20.oo) will be assessed against the property owner. After the first request. the property owner shall be charged at thirty-five dollars ($35.00) per test for any re-reads or meter tests which show the meter is functioning properly, J. Meters, Location And Charge For Moving. MetefS shal! tx: placed when possible just within the property line at the property comer at the nearest point to the tap-in main. I f a meter is moved at the request of the property owner, the property ownct' shall pay a fee equal to the District's cost plus ten percent to relocate the meter . K. Connections With Water And Sewer Required. The owner of each lot or parcel of ] and y..ithin the District upon which ]ot or parcel of land any improvement is now situated or shall hereafter be situated, shall, if the District operates and maintains åistribution and/or collection facilities along the frontage of their property, COMect or cause such improvement to be connected with the water and/or sewer facilities of the District. The usage of such facilities shaH, at a minimum, be used for all indoor usage and shall be connected within ninety (90) days following notification to do so by the District. Connection to the reuse system shall only be required if the development order and/or proxrty purchase agreements require such connection. All such connections shall be made in accordance with rules and regulations which may be adopted from time to time by the District, which rules and regulations shall provide for a charg..: for making any such connection in such reasonable amount as the governing board of the District may fix and detennine. No connection or COMections shall be required where the water or sewer system or line is more than two hundred (200) feet from such property line. L. Exceptions To Connections. This Ordinance shall not be construed to require or entitle any person to cross the private property of another in order to connect to the District's water and/or sewer service. M. Connections May Be Made By District. If any property O\lmer of any lot or parcel of land within the District shaH fail or refuse to connect to and use the water and/or sewer facilities of the District after notification, as provided herein, then the District shall be authorized to make such connections. entering on or upon any such property for the purpose of making such connection. The Disuict 22 12 c- 6 shall thereupon be entíùed to !':cover the cost of making such connection, together v,;th reasonable penalties and interest and attorney's fees, by sUÅt in any court ofcompetenr jurisdiction. In addition and as an alternative means of collecting such costs o~ malOng such connections, the District shaH have a lien on such property for such cost; which lien shaH be equal dignity with the lien of State and County taxes. Such lien may be foreclosed "'1 the County in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate, N. Unlawfu Connection Prohibited. No person shall be allowed to connect into any water or sewer line owned by the District without written consent of the District. The connection with such line shall be made only under the direction and su~ision of the District. :<\ny property owner or plumber who shall make any connection without such consent of the County shall, upon conviction be subject to the penalties hereinafter provided. O. Failure To M::lÏntain Plumbing System. The property owner shall be responsible for maintaining and keeping free from obstruction the water and Y.:wer pipes leading to and connecting from the plumbing system to the District's water and sewers mains, and failure to keep the water and sewer pipes, ft~ from obstructions and maintained in a proper manner shall be subject to the penalties hereinafter provided. P. Unpaid Fees To Constitute A Lien. In the event that the fees, rates or charges for the services and facilities of any water or sewer system shaH not be paid as and when due, any unpaid balance thereof and aH interest accruing thereon shall be an automatic lien on any parcel or property affected thereby. Such liens shaH be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee or other person except the lien of county taxes and shall be on a paIity with the lien of any such county taxes. In the event that any such fees, rates or charges shall not be paid as and when due and shall be in default for thirty days or more the unpaid balance thereof and aH interest accrued thereon, together with attorneys f-:cs and costs, may be recovered by the District in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the District by action or suit in eq¡;:~· à.S for the foreclosure of a mortgage on real property. Q. No Free Service. No wider or sewage di:;posaJ service shall be furnished or rendered free of charge to any person, firm or corporation whatsoever, and the County and each and every agency, department. or instrumentality which uses such service shaU pay therefore at the rates fixed by tlús Ordinance. R. Separate Connections For Each Separate Unit. Unless authorized by the District, each dwelJing unit whcthcr occupying one or more IOLe¡ and whether it shall occupy any lot or parcel jointly with any other dwelling unit shall be 12C 6 considered a s<parate unit for the payment of the water and sewage disposal rates and charges, and 5epatate connections will be required for each of such dwelling units, SECTION FOUR. Lawn SDrinkJin2 Ret!:ulations, ti. Purpose. Frum time to time, opera1ional conditions may limit the ability of the Collier County Water-Sewer District (hereinafter referred i/ this section Four a.~ "District") or any other authorized water purveyor providing water service in Collier County, Florida, to supply potable water. A deficiency in normal rainfall causes increased demands in the District or operating ~a of an authorized water purveyor which may exceed District's or the authorized water purveyor's water system facilities designated capacity. These operational conditions or increased demands may cause water pressures lower than required by the Department of Envirorunenta1 Protection., or any successor regulalory ag~cy, regulations or pressures lower than necessary to properly operate the water system of the Districl~ or the authorized water purveyor. These: reductions in system pressure may pose a threat to the health. safety, and welfare of the citizens of Collier County. The potential threats mal' occur in relatively short time periods, requiring immediate action to protect the public hulth and prevent damage to the District's and authorized water purveyor's water facilities. Accordingly, there is a need to establish !awn sprinkling res1rictions to protect the public health, safety and welfare, U· Regulations. A. The following regulations are hereby established governing the use of potAble water for lawn sprinkling from the District's or any other authorized water purveyor's water system in Collier County during emergency conditions within the unincorporated areas of Collier County. As there are separate areas which are supplied through separate facilities and water sources, these regulations may be applied to anyone, all or ¡¡¡¡y portion of the designated areas, dependent upon the nature of the emergency. B, The Board of County Commissioners hereby authorizes the County Administrator, or his designee, 10 implement said regulations whenever the County Administrator has received notice: from District staff or the staff of an authorized water purveyor that becawe of natural OJ operational conditions, the District's or authorized water purveyor's water facilities are inadequate to meet system demands, which may affect the health, safety or welfare of the citizens of Collier County. The County Administrator, or his designee, may impose said regulations without approval from the Board of County Commissioners, if it is detennined that time restraints required for Board approval would cause an undue risk to the residents or water facilities of the District or the authorized water purveyor. The County Administrator, or his designee, is requireJ to seek approval from the Board of County Commissioner a. the first available regularly scheduled session, or special session, to maintain enforcement of said regulations. At the conclusbn of the emergency, the County Administrator, or rus designee, shall rescind said regu!ations, unless otherwise directed by the Board OfCOIIDty Commissioners, 24 The Regulations are ffiablished as follows: Landscape Materillb Less Than 30 DaY5 Old Phase I Moderate Shortage Under 5 acres: 2 am . 8 am Mon.. Wed" Thun, .t Fri.; 5 acres or over, 12:01 am . 8:00 am Mon., Wed., Fri. Low vol. hand watering: voluntary, New irrip1m S)'1tem clean .t adjust 10 min, per zone, one lime only, Phue II Severe Shortage Under 5 acres: 2 am . 8 am Mon" Wed" Thun, .t Fri.; 5 acres or over: 12:01 am - 8:00 am Mon., Wed., Thun. Fri, New irrigaticn system clean.t adjust 10 min. per zone, one time only, Phase III Extreme Shortage Under.5 acres: 2 am - 7 am Mon" Wed" &: Fri,; .5 acres or over: 12:0 I am - 7 am Mon.. Wed. .t Fri.; low volume hand watering: voluntary. New irrigation system cleaning &: adjusting 10 min, per zone. one time only. Phase IV Critical Shortage Undcr .5 acres: 6 am - 7 am Sat.; 5 acres or over: 4 am· 7 am Sat.; low volume hand watering: Mon" Wed. &: Fri, New irrigation system cleaning &: adjusting prohibited. 12C 6 Land!>cape Materiab Greater Than 30 Days Old Under 5 acres: 4 am . 8 am Mon" Wed., &: Sat. for odd house addresses .t Tues" Thun. &: Sun. for even house addresses; 5 acrcs or over: same as under .5 acres except hr. limited to 12:01 am - 8:00 am. Under 5 acres: 4 am . 8 am Wed, &: Sat. for odd house addresses; Thun. &: Sun. for even house addresses &: locations with no address; .5 acres or over: same as under .5 acres except hours limited to 12:01 am· 8 am, Under .5 acres: 4 am . 7 am Sat. for odd house addrcsses; Sun, for even addresses &: locations with no addresses; 5 acres or over: same as under .5 acres except hours limited 10 12:0 I am - 7 am, Under .5 acres: 6 am Sat. for odd house addresses &. Sun for even house addresses &. locations wilh no addresses; 5 acres or over: same as under 5 acres except houn limited to 4 am - 7 am. 1j" HardshipNariance Procedure. A. Under extraordinary conditions the Board of County Commissioners may grant a variance 10 the regulations adopted in this section. Any request for a variance must be submitted by the affected District or water purveyor in writing to the County Administrator, B. A reqUl:st for a variance submitted by a District or water purveyor may be granted whcn the District or water purveyor provides a writ1en statement which indicates that a hardship exists due to operational conditions wherein the District's or water purveyor's system cannot meet system demands caused by the implementation of the regulations set forth in this Section and set1ing forth the variance requested. C. A request for a variance submitted by a property owner served by a District or water purveyor may be granted when the property owner provides a written statement which indicates that the property ov,'rler .....ill suffer a substantial hardship due to the implementation oftbe regulations set forth in this Section and setting forth the variance requested, Any request for a variance submitted by a property o.....'rler shall first be reviewed and approved by the District or water purveyor. D. Any variance granted by the Board of County Commissioners shall be the minimum necessary to alleviate the hardship created by the implementation of the regulations set forth in this Section. E, In an emergency created due to time constraints, the County Administrator may grant a temporary variance. At the n~xt regularly scheduled Board of County Commissioners meeting, 25 12G 6 the Board of County Commissioners shall consider whether the temporary variance shall remain in effect. F. Any variance granted under this Section shall terminate upon the hardship no longer existing. 4.4. Exceptions. A. Developments within Collier County utili7ing one hundred percent re-use water for irrigation purposes are exempt from the restrictions of this Section. SECflON FIYE.,Qty of Naplrs S~rvice Area. iI· No extension of existing distribution water mains of the water system of the City of Naples may be made ...,ithin the O:>lIier County Water-Sewer District, Marco Water and Sewer District or the GoodJa.nd Water District (collectively referred to in this Section Five as "Districn without the prior, written consent and approval of the governing board of the District, except that this Ordinance shalJ not apply to the lands described in Section 5.4. 5,2-, All applications for said distribution water main extensions shaJI be made in writing to District staff who shall ])resent said requests to the governing board of the District within thirty (30) days of receipt thereof. u· The governing board of the District may attach reasonable conditions to the issuance of permits for distribution water main extensions which conditions may include, but not be limited to, provisions for payment of system development charges or impact fees which are. or may be enacted by Collier County, M· The City of Naples Water Service Area Boundaries are as follows: Beginning at the intersection of the easterly shoreline of the Gulf of Mexico with the southerly City limit line of the City of Naples; thence easterly aJong said southerly City limit line to the southeast comer of Section 27, Township 50 south, Range 25 east; thence northerly aJong the easterly City limit line to the northeast corner of said Section 27; thence westerly along the north line of Section 26, Township 50 south, Range 25 east to the northeast comer of said Section 26; thence northerly along the east line of Section 23, Township 50 south. Range 25 east to its intersection with the southerly right-of way line of Thormsson Drive; thence ~1erly along said southerly right-of-w'aY line of Thomasson Drive to its intersection with the range line lying between Range 25 east and Range 26 east; thence northerly aJong said range line lying between Range 25 east and Range 26 east to the northeast corner of Section 13, Township 49 south, Range 25 east; thence westerly aJong the north line of Sections 13, 14, IS, 16 and 17, Township 49 south, Range 25 east to the intersection of the north line of said Section 17 with the easterly shore! ine of the Gulf of Mexico; thence southerly along the meanders of the easterly shoreline of the Gulf of Mexico to the point of beginning. SEcrlON SIX. Sewer Use RestrictioD} 6,1. A. This SectiO:1 Six sets forth wúform requirements for direct and indirect contributors into the wastewater collection and treatment system of the Collier County Water-Sewer District (hereinafter referred in this Section Six as "District") and enables the District to 12C 6 comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulatiom (40 CFR Part 403). B, The objectives of this Section Six are: I. To prevent the introduction of pollutants into the District wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; 2. To prevent the introduction of pollutants into the District wastewater system which will pass through the system, inadequately treated, into r~eiving waters or the atmosphere or otherwise be incompatible with the system; 3, To improve the opportunity to recycle and r~laim wastewaters and sludges from the system; and 4, To provide for equitable distribution of the cost of the District wastewater system. C. This Section Six provides for the regulation of direct and indirect contributors to the District wastewater system through the issuance of permi ts to certain non-domestic users and through enforcement activities, requires user reporting, assures that existing customers' capacity will not be pre-empted. and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. D, This Section Six shaJl apply to the District and to persons outside the District who are, by contract or agreement with the District, users of the County Publicly Owned Treatment Works (POTW). Except as otherwise provided herein, the Public Works Administrator or his designee shall administer. implement and enforce the provisions of this Section Six. 6.2. Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shalJ be as follows: A. "Administrator" shall mean the administrator of the U.S. Environmental Prott'ction Agency or his duJy authorized represcn!Jttive, B. "Authorized Representative" shall be a principal executive office of at lea.~t the level of vice president if the industria] user is a corporation; a general partner or proprietor if the industrial user is a partnership or sole proprietorship; or an individual if such rp.presentative is responsibJe for the overall operation of the facility, C. "BOD" ( denoting Biochemical Oxygen Demand) shaH mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20°C, expressed in milligrams per liter. 0, "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls ofa building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. E. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. 27 12C b F. "Chemical Oxygen D1:mand (COD)" shall mean a measure of oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. G. "County" shall m::an Collier County, the Board of County Commissioners of Collier County, Florida, or the duly authorized staff, agent or the representative acting on behalf of the Board of County Commissioners to supervise and manage the operation of the publicly owned water 2nd wa..'"tewater facilities. H, "Cooling Water" shall mean the water discharged trom a building subsequent to its use for purposes connected with air conditioning, cooling, refrigeration, or for other purposes to which the only pollutant added is heat. I. "Dire<:t Discharge" sha1l mean the discharge of treated or untreated wastewater directly to the surface waters of the State of Florida. J. "Domestic Wastewater" shaH mean a combination of water -carried wastes which shall not exceed the following concentrations: 250mg/ BOD, 250/1 TSS, 30 mgll TKN and 15 mg/I Phosphorous. K, "Easement" shall mean acquired legal right for the specific use ofIand by others. L. "Environmental Protection Agency (EPA)" shall mean the United States EnvironmentaJ Protection Agency, or where appropriate the tcnn may also be used as a designation for the Administrator or other duly authorized official of said agency, M. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handJing, storage and sale of produce. N, "[ndirect discharge" shall mean the discharge or introduction of non -domestic pollutants trom any source into the municipal wastewater facilities as regulated under Section 307 (b), ( c), or (d) of the Clean Water Act, as amended from time to time. 0, "Industriai User" shall be a source of Indirect Discharge as regulated under Section 307 (b). (c), Oi (d) of the Clean Water Act, as amended from time to time, p, "Industrial Waste Surcharge" shall mea.') the monetary charge made in excess of the sewer service charge for all wastewater over and above nonnal wastewater, Q, "Industrial Wastes" shall mean the liquid wastes discharged from industrial manufacturing processes, trades, or businesses and having characteristics exceeding domt'stic wastewaters. R. "InfiItrationlInflow" shall mean ground water and surface water which leaks into the sewers through cracked pipes, joints, manholes or other openings. S. "Interference" shall mean the inhibition or disruption of the Publicly Owned Treatment Works (POT\V) processes or its operation which contributes 10 a violation of any requirement of the County's state issued operating pennit. T, "May" is a word that when utilized in this Ordinance has a pennissive meaning. U, "NationaJ Categorical Pretreatment Standard" or "Pretreatment Standard" shall mean any regulation containing pollutant discharge limits promulgated by EPA in accordance with the Clean Water Act, as amended fTOm time to time. 29 12C 6 V, "Natural Outlet" shaJJ mean any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. W. "Nonnal Wastewater" shall mean wastewater discharged into the sanitary sewers in which the average concentration o(total suspended solids and BOD is not more than 250 mg/J BOD and 250 mg/I TSS, total phosphorous is not more than 15 mg/I, total KjeJdahl nitrogen is not more than 30 mg/I; and total flow is not more than 25,000 gallons per day. X. "Owner" shall mean person desiring or receiving service, Y. "Person" shall mean any individual, finn, company, government entity, association, society, corporation., or group. Z. "pH" shall mean the logarithm (base I 0) of the reciprocaJ of the weight of hydrogen iorn in grams per liter of solution. AA. "Pollution" shall mean the m(jIJ-made or man-induced alt(:J'ation of the chemical, physical, biological or radiological integrity of water. BB. "Pollutant" shall mean any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat~ wrecked or discharged cquipment, rock, sand, cellar dirt and industrial, municipal or agricultural wastes discharged into the surface waters or ground waters of the State of Florida. Cc. "Pretreatment or Treatment" shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties ofa wastewater to a Jess harmful degree prior to or in lieu of disçharging or otherwise introducing such pollutants into a POTW. DD. "Pretreatment Requirements" shall mean any substantive or procedural requirement related to a Pretreatment other than a Naticnal CategoricaJ Pretreatment Standard imposed on a non-domestic wastewater discharger. EE. "Private Sewage Disposal System" shall mean any individual on-site sewage treatment and disposal system such as septic tanks, cesspools and similar facilities but not including package sewage treatment plants, FF. "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking and disperning of food that have been shredded to such degree that all articles ",rill be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-haJf(Y:) inch (1.27 centimeters) in any dimension. GG. "Publicly Owned Treatment Works (POTW)" shall mean a treatment works which is owned by the District, This definition includes sewers that convey wastewater to the treatment works.. but does not include pipes, sewers or other conveyances not connected to a facility pro,.-jding treatment. HH, "Public Se-;o.'er·' !;halJ mean a sewer in which all O\\ol1ers of abutting properties have equal rights, and is conlroHed by a public authority. 29 ,~._,-- i2r II, "Sanitary Sewer" shaJl mean a sewer which carries sewage and 10 which storm. surface waters and ground waters are not intentioruùly admitted. 11. "Sewagc" shall mean a combination of the water-carríed wastes from residences. busincss buildings. institutions and industrial establishments, together with such ground waters and surface and storm waters as may be present. KK, "Sewage Treatment Plant" shall mean all facilities for treatment and disposal of sewage. LL. "Sewage Worlcs" shall mean aJl facilities for collecting, pumping, treatment, and disposal of sewage. MM. "Sewer" shall mean a pip: or conduit for carrying sewage. NN, "ShaJl" and "Will" are words that when utilized in this Ordinance have a mandatory meaning. 00. "Significant Violation" shall be a violation which remains uncorrected for 45 days after notification of noncompliance; which is part of a pattern of noncompliance over a twelve month p.:riod; "'-tlÏch inv0ives a failure to accurately report noncompliance; or which results on the POTW exercising its emergency authority to halt or eliminate immediately a discharge, PP. "Slug" shall mean any discharge of water. sewage or industrial waste in concentration of any given constituent or in quantity of flow may cause upset of the POTW operation or exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation. QQ, "State" shal I mean the Stat~ of Florida or regulatory agency within the State government having jurisdiction over a particular topic of concern. RR. "Standard Industrial Classification (SIC)" shaH mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, in 1972, a:; amended from time to time, SS, "Storm Drain" (sometimes termed "storm sewer") shaH mean a sewer which carries storm and surface waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water, IT. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which an: removable by laboratory fi hering. UU. "Toxic Poliut<L'1t" shaU mean any po!Iutant or combination of poUutants listed as toxin regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of the Clean Water Act, as amended from time to time. VV. "User" shall mean any ~rson who contributes, causes or permits the contribution of wastewater into the County's POTW, WW. .. Public Works Administrator" shaH mean the person designated by Collier County to supervise the operation of the publicly-owned treatment works or his duly authorized deputy. agent or representati ve. 30 !.. . ,..,---- --- ------......~..-..--------.{I------...-........... '""'~~ . .........-.w.--.....~..... 12C 6 XX. "Wastewater" shall mean a combination of the water-carried wastes from resid«:nces. business buildings, institution. and industria! establishments. together with such ground. surface and stonnwaters as may be present. YY. "Watercourse" shaJl mea" a channel in which a flow of water occurs, either continuously or intermittently. ZZ. "District" shall mea., the Collier County Water-Sewer District and Marco Water and Sewer District. AAA. Carbonaceous Biological Oxygen Demand ("CBOD") shall mean a quantitative measure of the amount of dissolved oxygen required for the biological oxidation of carbon-containing compounds in a sample, 22, Abbreviations. A. "ASTM" American Society for Testing and Materials B. "BOD" Biochemical Oxygen Demand C. "CBOO" Carbonaceous Biological Oxygen Demand 0, "CFR" Code ofFcderaJ Regulations E. "COD" Chemical Oxygen Demand F, "FDEP" Florida Department of EnvironrnentaJ Protection G. "EPA" U.S, EnvironrnentaJ Protection Agency H, "mgfl" MilJigram per liter 1. "NPDES" National PolJutant Discharge Elimination System ], "POTW" Publicly Ovmed Treatment Works K. "ppm" Parts Per Million L. "SIC" St<lndard Industrial Classific¡¡tion M. "SS" Suspended Solids N. "TKN" Total Kjeldahl Nitrogen O. "WEF" Water Environment Federation 6.4. Supplemental Service Charge A. Wastewater system users determined by the District 10 be included in the Pretreatment program shall pay a monthly Supplemental Service Charge for the additional services required to monitor the wastes being discharged by such users. This charge shall be separate and distinct from the industrial sewage strength service charge, This Supplemental Service Charge will be levied for the following: I. Monitoring. inspections and surveillance procedures; 2, CoJlection and analyses of wastewater samples; 3. Collection and evaluation ofmoniloring data; 4. Equipment servicing by an independent service company; 5. Other requirements deemed necessary to implement the Pretreatment program as delineated in this Ordinance. 31 12C 6 2á. Rules and Regulations A. The fo!1owing Rules and Regulations apply throughout the area encompassing Collier County and to all wastewater dischargers provided wastewaler service by the District. B. Discharge oflndustrial Waste. 1. Any Owner discharging industrial wastes into the W~ater collection system at the lime of passage of thi.s Ordinance shall submit a discharge permit application in the required fonn with six (6) months from the date of passage of this Ordinance. AU industrial wastewater dischargers proposing to discharge into the District's wastewater system shall file with the District on fonns furnished by the District an additional application for discharge pennit. showing the volume, strength and characteristics of waste discharged or to be discharged in to the Public Sewer. If detennined necessary by the District analyses of the representative wastes shall be made by an approved ind~pendent laboratory and submitted with the application. Following the initial approval, any change in the use of the premises or change in production or operation thereof which causes an alteration in L'Je water use, waste volume, strength or characteristics, shall require an amended application to be filed and approved by the District prior to implementing the proposed alteration to the premises, All discharge permit and amended discharge permit applications will require payment of a fee to be pajd al the time the application is filed, All review costs, in addition to the basic discharge permit fee, shall be borne by the User and pajd prior to issuance of any dischargE; permit. 2, It shall be unlawful for any User of the District sewers to discharge industrial wastes into the public sewers without obtairúng a discharge permit from the District. Applications for such discharge permits shall be made to the District on forms provided by the District. All ¡nforotation that the District deems necessary 10 detennine potential impacts to the Publicly Owned Treatment Works shall be provided by the applicant. 3, Discharge permits shall be issued to the applicants by the District upon finding that the information set forth in the application will conform to the provisions of th.is Ordinance, and that the proposed use will be compatible with the capacity, process, treatment and nutrient load of the District wastewater facilities. Di5charge permits shall be valid for a term of three (3) years from the date of issuance unless surrendered to, or revoked by, the District upon the determination that an industrial lL~r is exceeding the peak quality and volume of effluent set forth in the original application and/or discharge permit conditions. In the event an Industrial User proposes to make any change in the peak quality and volume of effluent during the It:rm of the pemtit, resulting from increases in production and/or changes in the production profile, beyond the scope of the discharge permit, such User shall fiIe an amended application for a pennit authorizing such 32 rh""III', !!IIII'll ,...""" 4h"II "", hI' tl'''441""", Itt Itlutd)ot,I', 'II /I It,.,~. 'h~'II'" ¡¡~.. USC¡ or dllleren! premises without the approval of the District. Discharge permits shall be renewed by completing the permit application form and subsequent review of the application and historical compliance records. 4, Applications must be signed by the Owner of the premises or his duly authorized agent. and signed by the authorized representative of the District showing payment to the District and County of the applicable connection charges and impact fees provided for prior to the initiation of the services. S. All applicants for service, whether or not such service is to be provided to property within the District area, expressly agree as a condition of acceptance of service to abide by the rules and regulations delineated herein. 6. All cost and expenses incident to the installation and connection of the building sewer shall be borne by the Owner. The Owner shall indemnify the District from any los:; or damage that may directly or indirectly be occasioned by the installation of the building sewer, C. Effluent Quality Bond. I. To further assure compliance 'Nith the requirements of this Section Six, all permitted Indu..~al Users, upon receipt of the discharge permit. shall deposit with the District and "Discharge Quality Bond" for the permit years payable to the County and District and conditioned upon the Industrial User's faithful compliance with the provisions of this Section Six and all State and Federal Regulations relating to waler pollution control. Said bond shall be further conditioned upon the Industrial User's prompt payment of all charges assessed to the Industrial User by the District under the provisions of this Section Six resulting from the Industrial User's failure to comply with the terms hereof, and to the Industrial User fully indemnifying and protecting the County and District from any penalties, damages or claims for penalties and damages (including attorney's fees and cost for defending such claims, including any appeals) arising or resulting from the Industrial User's failure to comply ""ith any provision of this Section Six and/or the Stat:: and Federal Regulations relating to water pollution control. The amount of the discharge quality bond shall be set forth by resolution. The bond shall be approved by the County Attorney as a condition of issuance of any permit. D. Use of Public Wastewater System. 1. No user shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof run-off, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waœrs to any public wastewater collection system. 2. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically d::signated as stoml sewers, or to a natural outlet approved by the 33 ------ 12C 6 County, Industrial cooling water or unpoI!uted process waters may be discharged, on approval by the County, to a storm sewer or natural outlet. 3. Other discharge limitations established to prevent interference with the operation or performance of the Publicly Owned Treatment Works (POTW) are specified by the following sections. E. General Discharge Prohibitions. I. No User shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the Publicly Owned Treatment Works (POTW). These general prohibitions apply to all such Users of a POTW whether or not the User is subject to the National Categorical Pretreatment Standards or any other Federal, State, or local Pretreatment Standards or Requirements. A User shall not contribute the following substances to any POTW: (a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, s:.tfficienl either alone or by interaction with other substances to ca~ fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than five percent (5%), nor any single reading over ten percent (J 0%) of the Lower Explosive Limit (LEL) of the meter; Prohibited materials include, but are not limited to, gasoline. kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any other substances which the County, District, the State or EPA has notified the user is a fire hazard to the system. (b) Solid or viscous subSUnces which may cause obstruction to the flow in a sewer or other interference 'With the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch (\12") in any dimension, animal guts or tissue~;, paunch manure, bones, hair, hides or fleshings, entrails, whole blcx>d, fezd1ers, ashes, cinders, sand, spent lime, tone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, used birth control and feminine hygiene products, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. (c) Any wastewater having a pH of less than 5.5, or higher than 9.5. or wastewater having any other corrosive property capable of causing damage or hazard te structures, equipment, and/or personnel of the POTW. 34 .L~L 0 (d) Any wastewater containing toxic polJutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any Wastew'dter treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW. or to exceed the limitations set forth in the National Categorical Pretreatment Standards. A toxic pollutanl shall include. but not be limited to, any pollutant identified pursuant to Section 307( a) of the Clean Water Act, as amended from time to time. (e) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. (f) Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for recJamation and re-use or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Clean Water Act, as amended from tir.le to time; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge manage:me:nt method being used. (g) Any substance which may cause the: POTW to violate its State operating pennit(s) or the receiving water quality standards. (h) Any wastewater with objectionable: color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. (i) Any waste:water having a temperature which will inhibit biological activity in the POTW resulting in interference, but in no case wastewate:r ~ìth a temperature at the introduction into the POTW which exceeds 400C (104°F). (j) Any waste: or waste containing fats, wax, grease: or oils, whe:ther em ulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32°) and one hundred four (104°F) (0° and 40°C). (k) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a User knows, or has reason to know, will cause interference in the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes 35 more than five times the average twenty-four (24) hours concentration. quantities. or flow during nonnal operation. (I) Any wastewater conl4ining any radioactive wastes or isotopes of such half·life or concentration as may exceed the limils eSl4blished in compliance with applicable Sl4te or Federal Regulations, (m) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius), (n) Any garbage that has not properly been shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Public Works Administrator. (0) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions, whether neutralized or not. (p) Any waters or wastes conl4ining iron. chromium. Copper, zinc. and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Public Works Administrator for such materials. (q) Any waters or wastes containing phenois or other taste- or odor-producing substances. in such concentrations exceeding limits which may be eSl4blished by the Public Works Administrator as necessary, after treatment oflhe composite sewage, to meet the requirements of the state, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters. (r) Material which exert or cause: (i) Concentrations of inert suspended solids (such as. but not limited to. sodium chJoride and sodium sulfate) differing from that typically found in domestic wastewater. (ii) High BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a higher loading than normal wa.';tewater on the sewage treatment workers. (iii) High volume of flow or concentration of wastes constituting slugs. (s) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed. or are amenable to treatmenl only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to receiving waters. (t) Any wastewater which causes a hazard to human life or creates public nuisance. 36 12C 6 . 12C 6 2. When the District determines that a User(s) is contributing to the POTW, any of the above enumerated substAnces in such amounts which threaten to interfere with the operation of the POTW or may present an endangerment to the environment, the District shall have the authority to immediately halt or prevent any discharge of pollutants to the POTW. The District shall provide the User notice of this action in accordance with Section 6,7, paragraph E of this Ordinance, 3. Subsequent to such action, tbe District shall allow the User 30 days for a respon.se, ....iúch shall indude the cause of the discharge and corrective measures taken. Wastewater service shall not be resumed until such corrective measures as needed have been undertaken to eJiminate threat of interference or endangerment to the environment. 4. Following this response period, the District, as it determines necessary, shall begin development of effluent fimitation(s) and a compliance schedule for such user tù correct the interf~ence with the POTW. F. Maximum Concentrations Allowed, I. All sewage service customers are prohibited to discharge the following above their indicated concentrations at any time: (a) Cyanide 0.050 mgll (b) Arsenic 0,020 mgll (c) Cadmium 0,030 mgll (d) Total Chromium 0.0 I ° mgll (e) Copper 0.300 mgll (f) Lead 0.200 mgll (g) Mercury 0,002 mgll (h) Nich:1 0.200 mgll (i) Silver 0,040 mgll (j) Zinc 0.300 mgll (1<) Total Phosphorous 10,00 mgll (I) Ammonia Nitrogen 25.000 mgll (m) Total Nitrogen 40,000 mg/1 The concentrations set forth above shall automatically be amended to comply with state and federal regulations. ' G. Approval of Pretreatment Facilities, If the District permits the pretreatment or equalization of waste flows, the design and instalJation of the plants and equipment shall be subject to the review and approval of the District, and subject to the requirements of all applicable codes, ordinances, and laws, H. Maintenance of Pretreatment Facilities, Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they shaJl be maintained continuously in satisfactory and effective operation by the Owner at Owner's expense. 37 12C 6 I. Use of Interceptors (Traps). Grease, oil, and sand interceptors shall be provided when, in the opinion of the District, they are neces5ar'¡ for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other hannful ingredients; except that such interceptors shaIJ not be required for private living quarters or dwelling or dwelling units. AlI interceptors shall be of a type and capacity approved by the District; and sh.'\IJ be located as to be readily and easily accessible for planning, cleaning and inspection. The minimum siu of interceptors shaJl be in conformance with the County's Plwnbing Code, except that interceptors for restaumnts of aH types shaH be 25 gallons of capacity per restaurant seat. J. Use of Control Manhole. When required by the District, the Owner of any property serviced by a building sewer carrying industrial wastes shaH install a suitable control manhole together \\.;th such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling. and mea.rurement of the wastes, Such manhole. when required, shall be constl'1Jcted in accordance with plans approved by the District. The manhole shaH be instaJled by the Owner at his expense. and shall be maintained by Owner so as to be safe and accessible at aH times. K. Measurements, Tests. AH measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater". published by American Public Health Association, and shalJ be determined at the control manhole provided, or upon suitable samples taken at said control manhole shall be carried out by cL;Stomarily accepted methods to reflect the effect of constituents upon sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved ....;1] determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. NormalJy, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of aU outfaUs whereas pHs are determined tTom periodic grab samples.) L. Special Arrangements. No statement contained in this Ordinance shaH be construed as preventing any special agreement or arrangement between the District and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the District for treatment, when acceptance by the District wiJl aid in treatment at the sewage treatment plant, subject to payment of an additional charge for treatment of these wastes by the industrial concern. M, Special Arrangements· Determination of Acceptability. In forming the opinion as to the acceptability of the wastes enwnerated in Section 6.5, paragraph E" the District wiJl give consideration to such factors as the quantities of subject wastes in relation to flows and velor.ities in the sewers, materials of construction of the sewers, nature of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. N. National Categorical Pretreatment Standards. Upon promulgation of the National Categorical Pretreatment StandMds for a particular industrial subcategory, the Federal Standard, 38 ~--~ ... 1" - n .....,.... 12C " ifmore stringent than limitAtions imposed under this Ordinance for sources in that subcategory, shaH immediately supersede the limitations imposed under this Ordinance. The District shall notify aU affected Users of the applicable reponing requirements under 40 CFR, Section 403.12, as amended from time to time. O. Alternative Discharge Limits. The User(s) shall have the right to seek, at their expense, modified Categorical Pretreatment Standards by obtaining a removal allowance, using the combined wastestream formula, and/or obtairúng a fundamentally different factor variance through the procedures outlined in 40 CFR,. Part 403, as amended from time to time. P. State Requirements. State requirements and limitatiolU on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this Ordinance. Q, County's and District's Right of Revision. The County and District reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this Ordinance. R. Excessive Discharge. No User shall ever increase the use of process water or, in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the County, District or State. S, Pretreatment Standards. I. Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations, Any facilities required to pretrea1 wastewater to a level acceptable to the District shall be designed, constructed, operated, and maintained by the User at his expense with the prior approval of the District. 2. All records relating to compliance with the referenced pretreatment Standards shall be made a'l3ílable to the County, District, the State and the EPA for examination and duplication upon request at no charge. T. Slug Discharges. I. Each User shall provide the District protection from slug discharge of prohibited materials or other substances regulated by this Ordinance. Facilities to prevent slug discharge of prohibited materials shall be provided and maintained at the Owner's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the District for review, and shall be approved by the District before construction of the facility. Expenses for such review shalll'C borne by the User and paid prior to final approval for construction. All existing Users shall complete such a plan within one (I) year of the issuance of an Effluent Permit. No User who commences contribution to the POTW after the effective date of this Ordinance shalJ be 39 'l¿C b pennitted to introduce pollutants into the system until slug discharge procedures have been approved by the District. Review and approval of such plans and operating procedures shall not relieve the Industrial User from the responsibility to modify the User's facility as necessary to meet the requirements of this Ordinance, In the case of a slug discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. This notification shaU include location of discharge, type of waste, concentration and volume, and corrective actions, 2. Within five (5) days foUo....ing a slug discharge, the User shall submit to the District a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shaU not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kilJs, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Ordinance or other applicable law, 3. A notice shall be pcnnanently placed on the User's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure, U, Reasonable Service Conditions. 1. The District reserves the right to refuse to provide, or to cease providing, water or wastewater service to any connector for reasons which shall include, but shall not be limited to, use of water or contribution of wastewater in such manner or form as to be injurious or detrimental to the general weJfare of its customers or the community. The District may require that pretreatment flow regulations, or other remedial, preventive, or corrective facilities be installed at the expense of the connector, when the situation so warrants the provision and use of such facilities. 2. The District shall have the authority to halt or eliminate immediately and effectively, upon notice to the User in accordance with Section 6,7., paragraph E of this Ordinance, any actual or threatened discharge of pollutants to the POTW which present!; or may present an imminent or substantial endangennent to the health or welfare of persons. V. Baseline Report. I. Within 180 days after the effective date of a categorical Pretreatment Standard. all Industrial Users subject to Pretreatment Standards shall submit to the District a report containing the following infonnation: (a) The name and address of the facility including the name of the operator and Owners; 40 12C b (b) A list of any environmental control permits held by or for the facility; (c) A brief description of the nature, average rate of production and Standard Industrial Classification of the operations. This description shall include a schematic diagram of points of discharge to the POTW from regulated processes; (d) The measured maximum single day flow, peak one hour flow, and the average daily flow from each process stream. in gallon.'! per day; (e) The Pretreatment Standards applicable to each regulated preuss, The User shall submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each process. These samples sha1J be representative of daily operations and include both maximum and average daily concentrations. When: feasible, samples must be obtained through flow proportional composite sampling techniques specified in the applicable Categorical Pretreatment Standard. Where composite' sampling is not feasible, a grab sample wi1J be accepted. Where stream flow is less than or equal to 250,000 gallons per day, the user must take three samples within a two-week period. \\'here stream flow is greater than 250,000 gallons per day, the User must take six samples within a two-week period. Samples should be taken immediately do"'nstrea.m from pretreatment facilities if such exist, or immediately downstream from the regulated process if no pretreatment exists. Sampling and analysis shall be perfonned in accordance with the techniques prescribed in 40 CFR Part 136, or amendments thereto, Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Public Works Administrator determines that Part 136 sampling and analytical techniques are inappropriate for the polJutant in question, sampling and analysis shall be performed by using validated analytical methods, as approved by the District and the Administrator. The District may allow the submission of a baseline report which utilizes only historical data if the data provides information sufficient to determine the need for pretreatment measures. The baseline report shall indicate the time, date, and place of sampling and methods of analysis and shall certify that such sampling and analjsis is representative of nonnal work cycles and expected po1Jutant discharges to the POTW; and (f) A statement reviewed and signed by an authorized representative of the Industrial User and certified to by a qualified professional engineer indicating whether Pretreatment Standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or 41 __;~,_........._...~.._.k-,> '.'.' '."'. ~-"'~__ 12C 6 additional pretreatment is required or the industrial user to meet the Pretreatment Standards and Requirements. W, Compliance ScheduJe. The District shall require IndustriaJ Users to develop compliance schedules required to meet Pretreatment Standards. The proposed compliance schedule shall be submitted to the District for review and approvaJ, This schedule shall be the time limits required for industrial users to provide additional pretreatment and/or operation and maintenance in order to meet these Pretreatment Standards. The completion date of this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. The schedule shall contain increments of progress in the form of specific dates for complo:tion of major events leading to the construction and operation of required pretreatment facilities necessary for the Industrial User to meet the applicable Pretreatment Standards. No increment of such schedule shall exceed nine (9) months. No later than 14 days following each date in the schedule and the final dale for compliance, the Industrial User shaJI submit a progress report to the District including whether or not it complied with the increments of progress to be met on such date and, if not, the date on which ir expects to comply with this increment of progress, the reason for the delay and measures being taken to return to the schedule established. X. Compliance Date R.eport. An IndustriaJ User subject to the NationaJ CategoricaJ Pretreatment Standards and associated Pretr~tment Requirements will submit to the District within ninety (90) days following the date for finaJ compliance with said Pretreatment Standards and Requirements, or in the case of a new connector following commencement of wastewater discharge to the POTW. a report indicating the nature and concentration, as we] as the maximum single day, peak one hour and average daily flow, of a] po]utants limited by said Pretreatment Standards anå associated Pretreatment Requirements being discharged to the POTW. This report will indicate whether the applicable Pretreatment Standards and Requirements are being met on a consistent basis, and if not, what additional operation and maintenance procedures and/or pretreatment wi] be implemented to bring the user into compliance with the applicable NationaJ Categorical Pretreatment Standards and associated Pretreatment Requirements. This statement shall be signed by an authorized represenlative of the industrial user and shall be certified by a qualified engineering professionaJ, Y. Periodic Comp!iance Reports. I, A User subject to the National Categorical Pretreatment Standards and associated Pretreatment Requirements will submit to the District during the months of June and December, unless required more frequently in said Pretreatment Standards or by the District, a report indicating the nature and concentration of po]utants in the effluent which are limited by the referenced Pretreatment Standards. In addition, this report will include a record of the maximum single day and average daily flows being discharged during the reporting period. At the discretion of the District and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the District may decide to alter the months during which the compliance reports are to be submitted by a particular User. These 42 12C b reports shall be signed by an authorized representative of the industrial user prior to submittal. 2. The District may impose quantum limitations on Users in order to meet the applicable National CategoricaJ Pretreatment Standards and associated Pretreatment Requirements, or in other cases where the imposition of quantum limitations are appropriate. In such cases, the compliance report required by subparagraph I of this Paragraph will indicate the quantity of pollutants regulated by said Pretreatment Standards to be discharged by the user. These reports will contain the results of sampling and analyses of the discharge, and will include a record of the flow, nature and concentration, or quantity in pounds where requested by the District of pollutants contained therein which are limited by the applicable Pretreatment Standards and associated Pretreatment Requirements. The fn:quency of monitoring will be prescribed in the referenced Pretreatment Standards, All analyses will be performed in accordance with the procedures established by the Administrator pursuant to Section 304(g) of the Clean Water Act and contained in 40 CFR. Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling will be performed in accordance with the techniques approved by the Administrator. It shc,uid be noted that where 40 CFR. Part 136 does not include a sampling or analytical tt.chnique for the pollutant in question, sampling and analyses will be performed in accordance with the procedures set forth in the EP A publication entitled "Sampling and Analysis Procedures for Screening ofIndustrial Effluents for Priority Pollutants" dated April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator. §.§, Monitoring and Inspection. A. Monitoring Facilities, The District shall require construction. operation and maintenance, at the User's expense, of monitoring facilities to allow inspection of the building sewer and/or internal drainage systems, and sampling and flow measurement of the waste being discharged to the POTW. Appropriate valving shall be included in design and construction of such facilities to halt discharges immediately and effectively under situations described by Section 6,5, paragraphs H and I. The monitoring facility should normally be situated on the User's premises, but the District may, wh¢n such a location would be impractical or cause undue hardship to the User, allow the facility to be constructed in the public right-of-way and located so that it will not be obstructed by landscaping or parked vehicles. Ample room shall be provided in the area of such sampling manhole or facility to allow accurate sampling and preparation of samples for analyses. The facility, sampling, and measuring equipment shaH be maintained at all times in a safe and proper operating condition at the expense of the User. Whether constructed on public or private property, the sampling and monitoring facilities shall be constructed in accordance with the District requirements and 311 applicable local construction standards and specifications, 43 12C 6 ß, Inspection and Sampling. The District shall inspect the facilities of any User to ascertain whether the purpose of this Ordinance is being met and that all requirements are being complied with, Persons or occupants of the premises where wastewater is being generated and discharged to the POTW will allow the representatives of the District, the State or the EPA ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and records duplication or in the performance of any of their designated duties. Collier County, District. the State and the EPA shall have the right to set up on the User's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations, In those cases where a User has security measures in force which would require proper identification and clearance before entry into their premises, the User shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from Collier County, District, the State and the EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. C. Powers and Authority of Inspectors. I, Duly authorized employe~s of the County or District bearing proper credentials and identification shall be admitted to aH properties for the purpose of inspection, observation, measurement, sampling and testing pertinent to discharge to the sewer system in accordance with the provisions of this Ordinance. 2, While performing the necessary work on private properties referred to herein. the authorized employees of the District shall observe all safety rules applicable to the premises established by ù¡e Owner. 3. Duly authorized employees of the District bearing proper credentials and identification shaH be permitted to enter all private properties through which the District holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement, shall be done in full accordance with the terms of the duly negotiated casement pertaining to the private property involved, 2.l, Violations. A. Penalties, 1, I f any person fails or refuses to obey or comply with or violates any or the provisions of this Section Six, such person upon conviction of such offense, shall be guilty of a misdemeanor and shaH be punished by a fine not to exceed Two Thousand Dollars (S2,000) or by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the Court. Each violation or non- compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-<:ompliance shall be considered as a separate offense. 2, Nothing herein contained shall prevent or restrict the County or District from taking such other lawful action in any court of competent jurisdiction as is 12C 6 necessary to prevent or remedy any violation or non-compliance, Such other lawful actions shall include, but shall not be limited to, an equil3ble action for injunctive relief or an action at law for damages, 3, Further, nothing in this Ordinance shall be construed to prohibit the County from proseeutíng any violation of this Ordinance by means ofa Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. 4, All remedies and penalties provided for in thís Section shall be cumulative and independently available 10 the County and District and the County and District shall be authorized to pursue any and aJI remedies set forth in thís Section to the fuJ extent al!owed by law, B, Authority to Disconnect Service. I. The District may lerminate water and wastewater disposal service:; and disconnect a User from the symm when: (a) Acids or chemicals damaging to sewer lines or the treatment process are released into the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater; or (b) A govemrnenl3l agency infonns the District that the effiuent from the wastewater treatment phmt is no longer of a quality pennined for discharge into a watercourse, and it is found that the User is delivering wastewater to the District's system that cannot be sufficiently treated or requires treatment that is not provided by the District as norma) domestic treatment; or (c) The User: (i) Discharges industriaJ waste or wastewater that is in violation of the permit issued by the approving authority; (ii) Discharges wastewater at an uncontrollable, variable rate insufficient quantity to cause an imbaJance in the wastewater treaLï1ent systems; (iii) Fails to pay a monthly biJI for water or sanitary sewer services when due; or (iv) Repeats a discharge of prohibited wastes into public sewer, C, Suspension of Service. I. The District may suspend the wastewater treatment service and/or effiuent permit when such suspension is necessary, in the opinion of the District. in order to stop an actual or threatened discharge which presents or may present an imminent or substantiaJ endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the District to violate any condition of its NPDES Permit. 2. Any person notified of a suspension of the wastewater treatment service and/or the emuent permit shall immediately stop or eliminate the contribution. In the 45 ,~_.~~"""""-"".."'_._~....~._"'........... 12C 6 event of a failure of the person to comply voluntarily with the suspension order, the District shaH take such steps as deemed necessary including initiation of legal action by the County Attorney and immediate severance of the sewer connection. to prevent or minimize damage to the POTW system or endangerment to any individuals. The District shall reinstate the effluent permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the User describing the causes of the harmful contribution and the measures taken to prevent future occurrence shall be submitt.ed to the District within 15 calendar days of the date of occurrence. D, Revocation of Permit. 1. Any User who violates the following conditions of this Ordinance or applicable State and Federal regulations, is subject to having his permit revoked in accordance with the procedures of Section 6.7, paragraph E oflhis Ordinance: (a) Failure of a User to report factually the wastewater constituents and characteristics of his discharge, (b) Failure of the User to report significant changes in operations. or waste.....ëiter constituents and characteristics. (c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring. (d) Violation of conditions of the permit. E, Notice of Disconnection, Suspension, Revocation. The District shall notify User in writing prior to disconnecting, spending or revoking User's service or permit. Said notice .....ill inform User of the sections of this Ordinance he is violating, state what corrective action must be taken, and state the time period necessary for said corrective action. Failure to comply with the notice will result in disconnecting, suspending or revoking User's service or pennit. However, District may disconnect, suspend or revoke User's service or permit prior to notification in emergency situations. User will be notified immediately after said action is taken. ~. Confidential Information, A. Confidential Information, I. Information and data on a User obtained from reports, questionnaires, pcnnit applications, permits and monitoring programs and inspections shaH be available to the public or other governmental agency without restriction unless the User specifically requests and is abJe to demonstrate to the satisfaction of the District and County that the information is not public record and is clearly within an exemption outlined in the publ ic record laws of the State of Florida. 2. When requested by the User furnishing a report. the portions of said report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to the governmental agencies for uses related to this Section. the State disposal permitting system and/or the State and Federal pretreatment programs; provided, 46 _........."""'-~."_...._""- 12C 6 however. thar such portions of a report shall be available for use by the State or other State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will nor be recognized as confidentiaJ information. B. Notwithstanding any of the provisions oflhis Subsection. nothing shall be construed or interpreted to require Collier County or the District to violate any public records lav.s of the State of Florida, allowing public access to records of Collier County and the District, 'nor shall it require Collier County or the District to violate any United States Government or Federal act or law, requiring disclosure of public records. Any release of infonnation or disclosure made by the County or District in order to comply with such laws should not give rise to a cause by any User, based on the release of such informa1ion. 2,2. Service Charges and Fees A. Purpose. It is the purpose of this Section to provide for the recovery of costs from Users of the District's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth by Resolution of the Collier County Board of County Commissioners a.'I the governing body of Collier County, Florida, and as ex-officio the governing board of the District. B. Service Charges. It is hereby determined necessary to fix and collect sewer service charges from customers, These service charges shall be published separate from this Ordinance and the revenue received shall be used for operation. maintenance, debt retirement and other authorized expenses. C. Charges and Fees, I. The District may adopt charges and fees which may include: (a) Fees for reimbursement of costs of setting up and operating the District's pretreatment program; (b) Fee for monitoring, inspection and surveillance procedures; (c) Fees for reviewing accidental discharge procedures and construction; (d) Fees for permit appJications; (e) Fe-:s for filing appeaJs; (f) Fees for consistent removaJ (by the District) of pollutants otherwise subject to Federal Pretreatment Standards; (g) Amount of effluent bond; (h) Fees for special arrangements; and (i) Other fees as the Di!>1rÍct may deem necessary to carry out the requirements contained herein, U) These fees relate so]ely to the matters covered by this Section and are separate from all other fees chargeable by the District. SECTION SEVEN. Penalties. Unless another penalty is spedficalJy provided for, any person who violates any section or provision of this Ordinance shalJ be prosecuted and punished as provided by Section 125,69, 47 -.-.---.., -- -~-_.._. 12C 6 Florida Statutes. Each day the violation continues shall constitute a separate offense. Additiona1ly, the Board may bring suit for damages or to restrain, enjoin or otherwise prevcnt the violation 0 f this Ordinance in the Circuit Court of Collier County, SECtION EIGHT. ConOic:t and Severability, The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If nay section, phrase. sentence or portion of this Ordinance is for any reason 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 portions thereo f, SECDON NINE. Reoeal of Ordinanc:ø. Collier County Ordinance Number!: 74-28, 75-5, 75-20. 76-38, 77-9, 77-19, 77-44, 77-57, 77-58,79-3,79-25,79-103,80-43,82-38,83-38,83-39, 83-40, 83-49,84-35,84-62,85-19,85- 47,85-49,85-69,85-81,86-67,86-73,87-28,87-46,88-4, 88-34, 89-2, 89-80.91-69,91-80.92- 26, 92-64, 93-30, 95-70, 95-72 and 96-7 are hereby repealed and superseded in their entirety. SECTION TEN. Inclu5ion in the Code of Law5 and Ordinance3. 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 'Nord. ~ECTION ELEVEN. Effective Date. This Ordinance sha1l become effective upon being filed with the Department of State. r ASSED AND DULY adopted oy the Board of County Commissioners this day of ,1997. ArrEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, CHAIRMAN Approved as to ronn and legal sufficiency: ® ~ David C. Weigel County Attorney 48 12C 6 ORDINANCE NO. 97-_ AN ORDINANCE TO BE KNOWN AS THE UNIFORM UTILITY OPERATING AND REGULATORY STANDARDS, PROCEDURES AND MONTHL Y BILUNG SCHEDULE ORDINANCE; RE-EST ABLISHING THE MARCO WATER AND SEWER DISTRICT; DESCRIBING THE BOUNDARIES OF THE MARCO WATER AND SEWER DISTR1CT; PROVIDiNG FOR ruE MARCO WATER AND SEWER DISTRICT TO SUCCEED EXISTING DISTRlCT; PROVIDING POWERS OF ruE MARCO WATER AND SEWER DlSTRlCT; PROVIDING FOR ASSESSMENTS OF THE MARCO WATER AND SEWER DlSTRlCT; PROVIDING LEGISLATIVE INTENT FOR THE CREA nON AND RE-EST ABLISHMENT OF THE MARCO WATER AND SEWER DlSTRlCT; PROVIDING FOR THE RE-EST ABLISHMENT OF THE GOODLAND WATER DISTRICT; DESCRIBING THE AREA WITHIN THE GOODLAND WATER DISTRICT; PROVIDING FOR POWERS OF THE GOODLAND WATER DISTRICT; PROVIDING ASSESSMENTS OF THE GOODLAND WATER DISTRlCT; PROVIDING FOR THE GOODLAND WATER DISTRICT TO SUCCEED EXISTING DISTRICT; PROVIDE FOR LEGISLATIVE INTENT OF ruE GOODLAND WATER DISTRICT; PROVIDING FOR RATES, FEES AND CHARGES AND REGULATIONS OF THE COLLIER COUNTY W A TER- SEWER DlSTRlCT, THE MARCO WATER A.I\lD SEWER DISTRICT AND THE GOODLAND WATER DISTRICT; PROVIDING THE MONTHL Y USER FEES FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN ruE COLLIER COUNTY WATER-SEWER DISTRICT AS FOLLOWS: I. Water (a) Service Availability Charge: (i) IndividuaJly Metered Rcsidential, Non-Residential and Irrigation: 5/8 and 3(4 inch meter S 12.00 per month ] inch meter S 24.00 per month J ~ inch meter S 36.00 per month 1 'is inch meter S 44,00 per month 2 inch meter S 69.00 per month 3 inch meter S 134.00 per month 4 inch meter S 207.00 per month 6 inch meter S 411.00 per month 8 inch meter S 737.00 per month (ii) Multi-fami]y Residential Property (master metered) First dwelling unit S ] 2.00 per month Each additional dwelling unit $ 8.20 per month (b) Volume Charge Per 1,000 Gallons: (i) Residential and Multi-family (no separate meter for irrigation): I -] 0,000 gallons S 1.45 10,000 - 20,000 gallons S 1,82 Above 20,000 gallons S 2.28 (ii) Non-residential (no separate meter for irrigation): First block S 1.45 I n excess of first block S 2,05 Non-residential First Block Usage Threshold: 5/8 and 3/4 inch meter 10,000 gallons I inch meter 25,000 gallons I ~ inch meter 40,000 gallons I 'is inch meter 50,000 gallons 2 inch meter 80,000 gallons 3 inch meter 160,000 gallons 4 inch meter 250,000 gallons 6 inch meter 500,000 gallons 8 inch meter 900,000 gallons 1 . W--IIIt:V"--,........~.~ _~......__..-.r - ......... ~" ... --.-..-...-.---- ., 12C 6 (iii) Residential or Non-resídentiallrrigation (separately metered): All usage $2,05 2. Sewer (a) Service Availability Charge: (i) IndividuaJly Mctered Residential and Non-Residential Property: 5/8 and 3/4 inch meter S 17,00 per month 1 inch meter S 35,00 per month 1 V. inch meter S 53,00 per month I ~ inch meter S 65,00 per month 2 inch meter $ 10\.00 per month 3 inch meter $ 197.00 per month 4 inch meter $ 305.00 per month 6 inch meter $ 606.00 per month 8 inch meter S 1,087.00 per month (ii) MuJû-fanúJy (master metered) First dwelling unit S 17.00 Each additional dwelling unit $12.00 (b) Volume Charge: (i) Per 1,000 gallons S 1.96 (ij) Residential Maximum: The maximum volumetric charge for residential property shall be 10,000 gallon per dwelling unit. 3, Dedicated Fire Systems (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter installed for fire protection. (ii) Fire Service meter connections that provide domestic or other water usage as evidenced by regular monthly detected usage shall be billed according to regular water monthly availability and usage charges as described herein. (b) Volume Charge: (i) Per 1,000 gallons $1.45 PROVIDING MONTHLY USER FEES FOR RESIDENTIAL AND NON- RESIDENTIAL PROPERTIES IN TIlE MARCO WATER AND SEWER DISTRICT AS FOLLOWS: I. Sewer (a) Residential (i) Singlc family residences. multi-family residences, apartment residences, mobile homc residences, Each one bath Ihing unit Each additional bath per living unit (b) Non-Residential. Each facility shall be billed based upon the total of the following units contained therein. (i) Hotel. motel and trailer rental units: Each unit (ii) Commercial, office. institutional, recreational and industrial toilet units (not to include industrial waste) (Institutional shall include but not be limited to churches, Property owners, association facilities, government service facilities. fire stations and schools); Each toilet unit (iii) Commercial and coin laundry washer units; Each washer unit $20.80 per month $ 4.60 per month S I 0.15 per month $36.95 per month $18.50 per month 2 --.......,.--...- 12C Ó (iv) Restaurant and lounge seating units; Each seating unit S ),25 per month Wastewater Adjustment Clause: [New FWSC Volume Rate (S/Mgal) - Old Volume Rate] x ),6 = SAdj, Residential wI Single 8ath 1.0000 x SAdj, = Amt. to add to existing rate. Residential. Additional 8ath 0,2222 x SAdj, = Amt. to add to existing rate. Hotel/Motel per U1Út 0.4889 x SAdj, = Arnt. to add to existing rate. Commercial 1.7778 x $Adj, = Amt. to add to existing rate. Coin Laundry per unit 0,8889 x SAdj. = Amt. to add to existing rate. Restaurant pc:r seat 0.1556 x $Adj. = Amt. to add to existing rate. PROVIDrNG MONTHLY USER FEES FOR RESIDENTIAL AND NON- RESIDENTIAL PROPERTIES IN THE GOODLAND WATER DlSTRJCT AS FOLLOWS: I. Water (a) Service Availability Charge: ,!. inch meter $ 16.00 per month I inch meter $ 37.00 per month I Y1 inch meter $ 72.00 per month 2 inch meter $ 114,00 per month 3 inch meter $ 226.00 per month 4 inch meter $ 351.00 per month 6 inch meter $ 701.00 per month 8 inch meter $ I ,259.00 per month (b) Volwne Charge per one thousand ga]Jons (SlMgal) of usage: All usage $3.92 I Mgal Purchased Water Adjusunent Clause: [New FWSC Volume Charge - Old FWSC Volwne Charge] = Adder 0.78 Existing Good I and S/Mgal + Adder = New Goodland SlMgal factor is needed to adjust for unaccounted for water and the change in the monthly fixed charged from FWSC. PROVIDING OTHER CHARGES OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT AND THE GOODLAND WATER DISTRICT FOR INSTALLATION, TEMPORARY METERS, USER FEES, LATE PAYMENT FEES AND THE FOLLOWING CHARGES: 1. Meter Size 3/4" Meter Tapping Charge S260,OO S350.00 S500,OO $600.00 I" IW' 2" 2, The fo11o\\;ng list of charges is established for user services: New Accounts S 20.00 Meter Removal or Lock S 50.00 Turn On After Hours $ 50.00 Meter Removal or Lock After Hours S I 00.00 Meter Initial Re·Read S 20.00 Meter Testl2nd Re-Read $ 35.00 Non-Emergency Shut Offs S 50.00 Account Reinstatement (less than or equal to IS days) Account Reinstatement (greater than IS days) S 30.00 (plus full payment and delinquency fees) $ 50.00 ( plus full parment and delinquency fees) 3 ,...-""...,~..........,.,-...,,."."'""~'"-- 12C 6 3, Effiuent irrigation usage in each District shall be at the foHowing schedule: (a) Service Availability Charge: (j) Individually Metered Irrigation: 5/8 and Y. inch meter I inch meter 1 YJ inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter 10 inch meter J 2 inch meter (b) Volume Charge Per 1,000 Gallons: Full Service Reuse Muter Metered Bulk Service Reuse S 7.00 S 14,00 S 25.00 S 39.00 S 75.00 $115.00 $227.00 $407,00 S542.00 S72I.00 S 0.52 S 0.20 PROVIDING REGULATIONS FOR APPLICATION FOR SERVICE TO TIfE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT AND THE GOODLAND WATER DISTRICT; PROVIDING LIMITATIONS OF USE, CON1lNUITY OF SERVICE INCUJDING BILLING DISPUTES AND STANDARDS OF SERVICE, MAINTENANCE AND REPAIR; PROVIDING FOR PROPERTY OWNER'S LIABILITY FOR DAMAGE TO EQUIPMENT; PROVIDING FOR SECURITY DEPOSITS ON WATER AND SEWER ACCOUNTS; PROVIDING FOR PROPERTY OWNER'S RESPONSIBILITY FOR WATER SERVICE AND BAD DEBTS; PROVIDING FOR DATES BILLS ARE DUE AND DELINQUENT; DISCONTINUANCE OF SERVICE FOR NON-PAYMENT; PROVIDING FOR REINST A TEME'"NT FOLLOWING DISCONTINUED SERVICE; PROVIDING FOR BILLING PA YMENT WHEN METER BECOMES DEFECTIVE; RIGHT OF ENTRY OF AlffiIORIZED AGENTS OR EMPLOYEES; PROVIDING FOR WATER BILL COMPLAINTS; PROVIDING FOR METERS, LOCA nON AND CHARGE FOR MOVING; PROVIDING FOR REQUIRED CONNECTIONS TO WATER AND SEWER SYSTEMS; PROVIDING FOR EXCEPTIONS TO CONNECTIONS; PROVIDING FOR CONNECTIONS TO BE MADE BY THE COLLIER COUNTY WATER-SEWER DISTRiCT, THE MARCO WATER AND SEWER DISTRICT OR THE GOODLAND WATER DISTRICT; PROVIDING FOR UNLA WFUL C01lo'NECTIONS PROHIBITED; PROVIDING FOR FAILURE TO MAINTAIN PLUMBING SYSTEM; PROVIDING FOR UNPAID FEES TO CONSTITUTE A LIEN; PROVIDING FOR NO FREE SERVICE; PROVIDING FOR SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT; PROVIDING FOR LAWN SPRlNKLING REGULA nONS; PROVIDING FOR HARDSHIPN ARIANCE PROCEDURE TO LA WN SPRlNKLING REGULA TIONS; PROVIDING EXCEPTIONS TO LAWN SPRINKLING REGULA TIONS; SETTING FORTI! mE CITY OF NAPLES SERVICE AREA AND PROCEDURE TO EXTEND EXISTING DISTRIBUTION WATER MAINS INTO mE COLLIER COUNTY WATER-SEWER DISTRICT, MARCO WATER AND SEWER DISTRICT OR THE GOODLAND WATER DISTFJCT; PROVIDING SEWER USE RESTRICTIONS WITHIN THE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT AND THE GOODLAND WATER DISTRICT; PROVIDING FOR SUPPLEMENTAL SERVICE CHARGES FOR DISCHARGE OF WASTES; PROVIDING FOR RULES AND REGULATIONS RELA TING TO THE DISCHARGE OF INÐUSTRlAL WASTE; PROVIDING FOR EFFLUENT QUALITY BOND; PROVIDING FOR THE USE OF PUBLIC WASTEWATER SYSTEM; PROVIDING FOR TIfE PROHIBITIONS OF GENERAL W ASTEW A TER DISCHARGES; PROVIDING FOR MAXIMUM W ASTEW A TER CONCENTRATIONS ALLOWED; PROVIDING FOR APPROVAL AND MAINTENANCE OF PRETREATMENT FACILITIES; 4 12C 6 PROVIDING FOR USE OF INTERCEPTORS AND CONTROL MANHOLES; PROVIDING FOR MEASUREMENTS AND TESTS; PROVIDING FOR SPECIAL ARRANGEMENTS AND DETERMINA nON OF ACCEPTABILITY; PROVIDING FOR NA TlONAL CA TEGORICAL PRETREATMENT STANDARDS; PROVIDING FOR ALTERNATIVE DISCHARGE LIMITS; PROVIDING FOR STATE REQUIREMENTS, PROVIDING FOR RIGHT OF COUNTY AND DISTRICT TO ESTABLISH MORE STRINGENT REQUIREMENTS; PROVIDING FOR EXCESSIVE DISCHARGE; PROVIDING FOR PRETREATMENT STANDARDS; PROVIDING FOR SLUG DISCHARGES; PROVIDING FOR REASONABLE SERVICE CONDITIONS; PROVIDING BASELINE REPORT; PROVIDING COMPLIANCE SCHEDULE, COMPLIANCE REPORT AND PERIODIC COMPLIANCE REPORTS; PROVIDING FOR MONITORING AND INSPECnONS; PROVIDING FOR PENALTIES, VIOLATIONS, DISCONNECT OF SERVICE, SUSPENSION OF SERVICE, REVOCATION OF PERMIT; PROVIDING FOR SERVICE CHARGES AND FEES; PROVIDING FOR PENAL TIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY; PROVIDING FOR THE REPEAL OF COLLIER COUNTY ORDINANCES NOS. 74-28, 75-5, 75-20, 76- 38,77-9,77-19,77-44,77-57,77-58,79-3,79-25,79-103, 80-43, 82-38, 83-38, H3-39, 83-40, 83-49, 84-35. 84-62, 85-19, 85-47, 85-49. 85-69, 85-81, 86-67, 86- 73,87-28,87-46,88-4,88-34,89.2,89-80,91-69, 91-80, 92-26, 92-64, 93-30, 95- 70, 95-72. AND 96-7; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there are currently three separate districts providing water, sewer, and/or effluent irrigation service to the residents of Collier County, Florida; and WHEREAS, the three districts are the Collier County Water-Sewer District, the Marco Water and Sewer District and the Goodland Water District; and WHEREAS, the Board of County Commissioners of Collier County, Florida is the Ex- Officio Governing Board of a1l three districts; and WHEREAS, the CoJIier County staff is utilized by each district to perform the day-to-day operations involved in operating and maintaining the district's facilities and providing district services; and WHEREAS, each district adopted district operating standards, procedures and fee schedules which. at times, conflict ",ith or are different than the operating standards, procedures and fee schedules of the other districts; and WHEREAS, uniform operating standards, procedures and fee schedules, where justified, are in the best interest of the districts and residents served by the districts; and WHEREAS, this Ordinance establishes uniform standards and procedures to enable the more efficient administration of district services; and WHEREAS, Collier County has adopted several ordinances which apply to the provision of utility services by the districts and other private water and sewer utility systems; and WHEREAS, the combination of these ordinances into a single comprehensive ordinance will provide a simplified and more efficient mechanism for water and sewer utility systems and for the residents of Collier County to understand the regulations applicable to water and sewer utilities; and 5 12C b WHEREAS. this Ordinance is partially intended to be a codification of existing County ordinances into a single comprehensive ordinance; and WHEREAS. this codification is not intended to revoke or rescind any actions previously taken by a district. The district shall be treated as if it has always been in continuous existence from the date it was originally established despite the repeal of the original enabling ordinance establishing the district by this ordinance for codification purposes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLOR1DA, ¡hat: SECTION ONE. Re-EstablishmeDt of Marco Water and Sewer District. 1.L Definitions. As used in this Section One, the following words and terms shall have the following meanings, unless some other meaning is plainly intended: A. "Act" shall mean Chapter 153, Part II, and Chapter 125, Florida Statutes. B. "Board" shall mc:an the Board of County Commissioners of the Count)'. C. "Bonds" shall mean the obligations issued by the Marco Water and Sewer District under the provisions of th<:: Act, the enabling ordinance and this Ordinance to pay the cost of project or combination of one or more projects and payable from revenues derived from the operation of the utility system, or proceeds of special assessments levied against properties specially benefited by a project or any other special funds authorized to be pledged as additional security therefor under the provisions of the Act. or payable from any combination of such revenues, assessments or other funds. D. "Cost" shall have the same meaning as such term is defined in the Act. E, "County" shall mean Co/Her County, Florida, F. "District" shall mean the Marco Water and Sewer District hereby re-created, G, "Project" shall include all property and rights, easements and franchises relating thereto and deemed necessary or convenient for the construction or acquisition or the operation thereof, and shall include the acquisition or construction of any water system and/or sewer system as defined in the Act and any combination thereof. J..,l, Re-Creation of the Marco Water and Sewer District. The following described unincorporated contiguous area of the County is hereby declared to comprise the Marco Water and Sewer District, to wit: All of Marco Island except the areas known as Old Marco Village and Goodland. The District shall be a body corporate and politic, having a1l the powers granted by the Act to a district created under the Act, and shaH further have all the powers of a municipal ~rvices taxing or benefit unit a.~ authorized by Florida Statutes, Section] 25.01 and Chapter J 53, Part II, Florida Statutes. The Board of the County shall be the Ex-Officio Governing Board of the Marco Water and Sewer District. U, District to Succeed Existing District. All property, real and personal, rights, claims, franchise. licenses and other assets of every kind, and all liabilities and obligations of every kind. of the existing water and sewer district comprising the area described in Subsection 1,2 above or any part of said area are hereby 6 12C b vested in the District. which shall succeed such existing district; and such existing district is hereby abolished and re-created by this Ordinance, U District Powers. The District shall have all the powers of a district under the Act, including but "ithout limitations, the power to acquire, construct, erect, equip, operate and maintain projects and fitW1ce the coS1 thereof with the proceeds of the bonds of the District. The District shall further have all the powers of a Municipal Service Taxing or Benefit Unit as authori7.r:d by Florida Statutes Chapter 125. U. Legislative Intent. The intent of this Section is to provide a means for financing the construction of water aneIJor sewer systems within the: lands described within Subsection 1.2 of this Ordinance. For administrative ronveníence it is desired to accomplish these things through the creation of a district pursuant to Part II, Chapter 153, Florida Statutes, In doing so, the Board recognizes the apparent contlict between Part II. Chapter 153, Florida Statutes, which provides certain procedures for the creation of a district including petition, public hearing and referendum, and Chapter 165, Florida Statutes, which provides that special districts may be created only by ordinance or special act and further provides that ùlis shall be the exclusive method of creating special districts and that all generaJ or special laws in contlict with said Chapter 189 are ineffective to the extent of such conflict. The Board further recognizes that Chapter 125, Florida Statutes, empowers the Board of County Commissioners to create districts for the provision of municipal services including water and sewer syS1ems, and that Part I, Chapter 153, Florida Statutes contains a general grant of power to counties to do tlte things authorized therdn, said powers being deemed supplemental and additional to the powers conferred by other laws. Accordingly, it is the consensus of the Board, and the Board does hereby declare, that if the re- creation of a district pursuant to Part II, Chapter 153, Florida Statutes as ordained herein shall be declared by a court of competent jurisdiction to be null and void as being unlawfully created by ordinance, then this District shall be deemed created pursuant to Chapter 125, Florida Statutes, with all the powers as provided therein. supplemented by the powers granted counties pursuant to Part J, Chapter 153, Florida Statutes, and the lands described herein shall be known as the Marco Water and Sewer District by whatever authority created, and aU acts and things done by the Board of County Commissioners as the Ex-Officio Governing Board of the Marco Water and Sewer District shall be deemed to be done pursuant to the authority granted by Part II, Chapter 153, Florida Statutes or Chapter 125 Florida Statutes as may be appropriate. SECTION TWO. Reo-Establishment of Good land Water District. U. Definitions. As used in this Section Two, the following words and terms shall have the following meanings. unless some other meaning is plainly intended: A. "Act" shall mean Chapter 125, Florida Statutes and Chapter 153, Part II, Florida Statutes. 7 .,'".,',..,.......;>,""'..,","'"....".·,.."'_'~_....'.'æ_ .-.----- ___&1.--. 12C b B. "Assessments" shall mean the proceeds to be derived from assessments to be levied against the lands and properties to be speciaJly benefited by the construction of any project. including interest on such assessments and any penalties thereon and moneys received upon the foreclosure of the liens of any such assessments, but excluding money recovered for the expense of collection of the assessments. C. "Board" shall mean the Board of County Commissioners of Collier County as Ex- Officio the Governing Board of the Goodland Water District. D. "Bonds" shall mean the obligations issued by the District under the provisions of this Section Two to pay the cost of a project or combination of one or more projects, the principal of and premium. if any. and interest on which shall be payable from the revenues derived from the operation of one or more projects. assessments, ad valorem taxes within the District only or any other funds of the District or of the County derived from sources other than ad valorem taxation and legally available for such purpose. E. "Cost", when used in connection with a project, shall mean all expenses necessary. appurtenant or incidental to the acquisition and construction of such project. including without limitation the cost of any land or interest therein or of any fixtures. equipment or personal property nc:cessary or convenient therefore, the cost of labor and materials to complete such construction, engineering and legaJ expenses, fiscal expenses for plans, specifications and surveys, interest during construction. administrative expenses related solely to the acquisition and construction of the project and aJI expenses incident to the financing of the project and the issuance of bonds therefore. F. "County" shaJi mean Collier County, Florida. G. "District" or "Good land Water District" shall mean the municipal services taxing and benefit district created hereby and comprising the area of the District described above. H. "Project" shall mean any Water System or any extension of or improvement thereof, or any combination thereof. and shall include all property and rights, easements and franchises relating thereto and deemed necessary or convenient for the acquisition, construction or operation thereof. r. "Water System" shall mean and include any system, facility, plant, or other property used or useful or having the present capacity for future use in connection with obtaining. purifying and supplying water for human consumption, fire protection. inigation or consumption by business or industry and, without limiting the generality of the foregoing, shall embrace wells, reservoirs, tanks, pumps, pipes, mains and all necessary or convenient appurtenant equipment. l..,l. Area of the Goodland Water District. The following described unincorporated contiguous area of the County is hereby declared to comprise the District. to wit: All unplatted lands lying East of Westerly, North-South section line of Section.~ 18 and 19, Township 52 South, Range 27 East and the platted lands lying in Goodland Isles, the first Addition and the Second Addition as recorded in Plat Book 6, Page 7; Plat Book 8, Pages I and 2 and Plat Book 8, Page 19 8 -~-- ...~_.-_.........._-_.---.~. 12C respectively; and all lands lying in Good/and Heighu Amended and First Addition as recorded in Plat Book I, Page 85 and Plat Book 4, Page 18 respectively; and all lands lying in Pettit Subdivision as recorded in Plat Book 2, Page 88 of the Public Records of Collier County, Florida; all commonly known as Goodland. The District shall be a public body corporate and politic. The Board shall be Ex..()fficio the Governing Board of the District. U. District Powers. A. The District shall have and exercise all of the powers granted by or implied by the Act with respect to municipal servi~ taxing and benefit uniu created under the Act. including without limitation the power to acquire, construct. erect, equip, operate and maintain projects and finance the cost thereof with the proceeds of Bonds of the District. which Bonds the District is hereby authorized to issue; to levý an ad valorem tax not to exceed ten (10) mills, speciai assessments and fees; to hold and dispose of real and personal property; and to employ and discharge employees and authoriu them to enter upon private property and public property at reasonable times for inspections related to the operation of any project and otherwise perfonn their duties; to promulgate rules and regulations; and to do a1l other things necessary to convenient with respect to or rea.<;onably implied by the foregoing. B. As supplemental or alternate authority to cany out the purpose of the District. the District shall have and exercise all the powers granted to water and sewer districts under Chapter 153, Part II, Florida Statutes. ~. District Assessments. A. The District may provide that the cost of any project or any part thereof be assessed against the lots and parcels of real property in the area of the District specially benefited by such project or part thereof and for the issuance of Bonds payable trom such assessments and the District. in addition to, or conjW1ction with., the powers granted herein may proceed under the provisions of Chapter 170, Florida Statutes, as if the District were a municipality and the proposed project were one described in Section 170,01 of such Chapter, except as hereafter provided otherwise. B. Special assessments against properties deemed to be benefited by a project shall be assessed upon such properties in proportion to the benefiu, detennined and prorated on a flat rate basis (Providing an equal assessment upon each lot or parcel assessed), or based on the respective areas of the properties assessed. or according to the front footage of the respective properties assessed or on such ot.her basis as the Board may prescribe as being most equitable and fair under the circumstances. C. The Board may declare that any assessments may be made payable in not more than twenty (20) equal yearly installments, with interest on the unpaid balance thereof at a rate per annum detennined by 1M Board, to which, if not paid when due, there shall be added the penalty prescribed by such Chapter. D. Bonds payable from such assessmenu and any other Bonds iuuect hereunder shall bear interest at such rate or rates per annum as shall be determined by the Board, payable 9 - 6 .....,""..-~",..~...""'-- 12C 6 annually or semiannuaJly, stwl mature at such time or times not exceeding forty (40) years from the date of their issuance and shall be sold in such manner and at such price as the Board may determine to be in the best interest of the District, but no such sale may be made at a price of less than ninety pn'Cent (90"10) of the par value of the Bonds. U. District to Succeed Existing District. All property, real and personal, rights, claims, franchise, licenses and other assets of evezy kind, and all liabilities and obligations of evezy kind, of the existing water district comprising the area described in Sufr..ection 2.2 or any part of said area are hereby vested in the District. which shall SUCCeed such existing district; and such existing district is hereby re- created. SECfION THRF.E. Dbtrid Rates. Fees. CbarlZes and RelZUlatJoDJ 1..1. DefInitions. Unless specifically provided otherwise these definitions shall apply to this Section Three. (a) "District" shall collectively refer to as the CoJJier County Water-Sewer District, the Marco Water and Sewer District, and the Goodland Water District unless specifically provided herein. (b) "Equivalent Dwelling Unit" shall mean the equivalent usage requirements ofan average single-family residential connection, It is used as a factor to convert a given average daily water or wastewater requirement to the equivalent number of single-family residential connections. (c) "Service Availability Charge" shalJ mean a monthly charge per dweJJing unit or equivalent dwelling unit for residential and non-residential users with no usage included. (d) "Sewer Use" shall be defined as the connection of drains for aU faucets and facilities on the property, where potable water is used in connection with sanitary purposes from the potable water system. Such usages shaH include, but not be limited to, sinks, showers, bathtubs, commodes, urinals, bidets, dishwashers, washers, and other such facilities. "Sewer Use" shall specifically not include runoff water being allowed to enter the District Sanitary Sewer System. (e) "Use" -1ñe term "Use" with respect to "Water Use" on the District's water system, whicb is a potable water system, sball mean the sole utilization of water from the District system through alJ fixtures and pipelines on the property except where a separate system is available solely for outside irrigation. Any such irrigation shall require an approved bacld10w prevention device and a physical separation fTom the remaining potable water system. "Water Use" shall specifically include, but not be limited to. the flow of water to all sinks, dishwashers, commodes, urinals, showers, hot water heaters, washers, drinking water coolers and drinking water machines. Such facilities shalJ also drain to the District's sanitary sewer system, where available, in conformance with other applicable sections of this Ordinance as well as other Ordinances adopted by Collier County, or applicable State and FederaJ Jaws, rules or regulations. 10 J I 12C 6 District's sa.'1iury S/:wer system, where available, in conformance \\ith other applicahle sections r,f lhis Ordinance:: as wdl as other Ordinances ?doptcd by C ullier County, or applicable S~t~ and Federal laws, rulc:s or regulations, U· Monthly Rates, F~es and Ch2rge~, Monthly rates. fees and charges for water, sewer, and!0r effiucnt inigation services provided by or made available by the District shaJl Ix suff¡cierlt to recov-.::r r,ystt:m operatIon, rr.air.tenance, renew,,! enJ};u¡ccment, replacement and debt scrvicl: costs anJ shall be proportionaJly distributed among system users and customers r<.:ceiviug the bcDcfits as follows: A, Monthly user fees for the Collier County Water-Sewer DIstrict. ResidC'l1ljal and non-residential properties within the boundaries of ~ Collier County Water-Sewa District shall pay the following rates, fees and ;:hargt:s for service provided by the Collier Co:mt)' Water·S~wer Dislricts: I. Waler (a) Service Availability Charge: (i) IndividuaJly Metered Residential. Non-Residential and Irrigation: 5/8 and 3/4 inch metcr I inch meter I 'I. inch meter ¡ Y, inch meter 2 inch meta 3 inch meter 4 inch meter 6 inch meter 8 inch meter S 12,00 per month $ 24,00 per month $ 36,00 per month $ 44,00 per month $ 69,00 per month S 134.00 per month $207.00 per month $4 I 1.00 per month $737.00 per month Iii) Muiti-family Residential Property (master metered) First dwelling unit Each additional dwelling unit $ 12,00 per month S 8,20 per month (1)) Volume Charge Per 1,000 Gallons: (i) Residential and Multi-family (no separate meter for irrigation): I - 10,000 gallons $1.45 10,000 - 20.000 gallons $ ,82 Above 20,000 gallons $2,28 (ii) Non-residential (no separate mder for irrigation): First block S 1.45 In excess of fi~'t block $2,05 Non-residential First Block Usage Threshold: 5/8 and 3/4 inch meter 10,000 gallons I inch meter 25,000 gallons I '/. inch meter 40,000 gallons I ,/, inch me!t:r 50,000 gallons 2 in.:h meter 80,000 gallons 3 inch meter 160,000 gallons 4 inch meter 250,000 gallons 6 inch meter 500,000 gallons 8 inch meter 900,000 gallons (iii) Residential or Non-residential lITigation (separately metered): All usage S2.05 11 .,^~" ,""," '..'.'.._----.-,.,."'.....~._._.~.~,.- . ;.,,,..,----~--,.,.- _.w_..·~,_..,__..____..__ -""- ___ 12C 6 ) Sewer (a) ~r...¡ce Availability Charge: (i) Individually Mett'red Residential a.nd Non-Rcsidenti,¡ Propeny: 5/8 and 3/4 inch meter 1 inch m¡:ter I V. inch meter t 1/1 inch meler 2 inch meter 3 inch met.er 4 i.!Y-h meter 6 inch meta 8 inch meter $ 17,00 p':f month $ 35,00 per month S )3,00 per month S 65,00 per month S 101.00 per month S 197.00 per month S 305,00 per month $ 606,00 per month $1,087.00 per month (ii) Multi-family (master met~d) First dwelling unit Eac.h additional dwelling unit (b) Volwn~ Charge: (i) Per ¡ ,000 gaJlons $ 17,00 per month $ 12,00 per month $ 1.96 (ii) Residential Maximum: The maximum volumetric charge for residcr.tial property shall be 10,000 gallon per dwelling unit. 3. ~icated Fire Systems (a) F¡r~ Meter (i) Fire Servicc meter size will refer to the largest diameter meter installed f(lr fire protection. (ii) Fire Sel'\'içc meter connections that provide domestic or other water lJ.sag~ as evidenœd by regular monthly detected usage shall be billed according to regular water monthly availability and usage charges as described herein. (b) Volume Charge: (i) Pl.T 1.000 ga]lon.<¡ $ 1.45 B. Monthly ~r fees for the Marco Waler and Sewer District. Residential and non-residential properties within the boundaries oftbe Marco Water and Sewer District shall pay rates, fees and charges for service provided by the Marco Water and Sewer District. The definitions set forth in Section 1. I shall apply to this subsection. The rates of th-= Marco Water and &-wer District are as follows: . Sewer (a) ResidenliaJ (i'¡ Single family residences, multi-family residences, .apartment residences, mobile home residences, Each one hath living unit $20,80 Each additional bath per living unit $ 4,60 (1)) Non-Residential. Each facility shall be billed based upon the total of the following units con13.ined therein. (i) Hotel, motel and trailer rental units: Each unit $10.15 12 ",-..."-,-",.,,._,,_..~...........,--~-- 12C b (ii) Commercial. office, institutional. recreational and industrial toilet units (not to include industrial waste), (Institutional shaH include but not be limiled 10 churches, Property o...."ers, association facilities. government service facilities. fire stations and sÇhooIs); Each toilet unil $36,95 (iii) Commercial and coin laundry washer units; Each washer unit S 18.50 (iv) Restaurant and lounge scating units; Each seating unit S 3.20 Wastewater Adjustment Clau$C: [ New FWSC Volume Rate (S/Mgal) - Old Volume Rate J x 3.6 = SAdj. ResidentiaJ wi Single 8ath ] ,0000 x SAd), = Ann. to add to existing rate. Residential - Additional 8ath 02222 x SAdj, = Am!. to add to existing rate, Hotel/Motel per unit 0.4889 x SAdj, = AmI to add to existing rate. Commerciô! 1,7778 x SAdj. = Amt. to add to existing rate. Coin Laundry per unit 0,3889 x SAdj, = Am!. to add to existing rate. Restaurant per scat 0,1556 x SAdj, = AmI. to add to existing rate. Note: From time 10 time Florida Water Servic.:s Corporation (FWSC) is authorized to increase sewer rates by the Collier County Water and Sewer Authority, This PW AC is designed to automatically "pass ,through" rhis increase, dollar-for-dollar. The new rates for Marco Water and Sewer District should become effective the same month that FWSC increa.c;es the price of wholesale sewer to Marco Water and Sewer District. C. Monthly user fees for the Goodland Water District. ¡,The rates for service to residential and non-residential properties shaJl be set fonh herein, Said rates are hereby found to be fair and equitable and may be changed by ordinance amending the rate sÇhedule, Rates charged to customers within the Goodland Water District shall be as follows: (a) Water Service Availability Charge: (i) IndividuaJly Metered Residential, Non-Residentjal and Irrigation: Meter Size MonthJy Charges S 16,00 S 37,00 $ 72.00 S 114,00 S 226.00 S 351.00 S 701.00 S 1,259.00 )/" I. I" IY," 2" 3" 4" 6" 8" (b) Volume Charge per 1,000 Gallons: AJI Usage $3,92/ Mgal 13 12C 6 Purchased Waler Adjustment Clause (PWAC): { New FWSC Volume Charge - Old FWSC Volume Charge] = Adder 0.78 Existing Goodland SfMgal + Adder = New Goodland SlMgal factor is needed to adjust for unaccounted for water and the change in the monthly fixed charged from FWSC. Note: From time 10 time Florida Water Services Corporation (FWSC) is authorized to incn:ax water rates by the Collier County Water and Sewer Authority. This PW AC is designed to automatically "pass-through~ this increase, dollar-for-<!ollar. The new rates for GoodJand Wilier District should become effective the same month that FWSC incl'CaSCS the price of wboIcsIIc water to Goodland Water District, U, District Rates. Fees alld Charges other than Monthly User Fees. A, Meter installation charges to be paid to the District shall be as folJo.-s: I. Meter Size Meter Tapping Charge 3/4" 1 " 1'1>" 2" S260.00 S350.00 S500.00 S600.00 The fees in this subsection are Þased upon meter installation for a typical single family residential street. In all other circumstances, the meter instaUation fee shall be based upon the District's actual cost for time and materials. 2. For meters larger than two (2) inches, the materials and labor for installation of such meters shall be furnished by the developer in accordance with District requirements and specifications and dedicated to the District in accordance with County ordinances, at no cost to the District. 3. All meters two inches (2") or smaller will be installed by the District and shall remain the property of the District. 4, Meters must be left accessible to District employees at all times, 5, When arlY property owner, who has a water meter, makes application to the District for the installation of a larger meter to replace a smaller meter, the property owner shall be given no credit for tapping charges paid on the smaller meter in accordance ",ith the above schedule, There shall be no refunds or credits given to any property owner requesting a smaller meter. B. Temporary Meters. I . Temporary meters may be installed and removed by the District. The fee for such installation and removal shall be based upon the District's actual costs for time and materials, 2. The tcmporary meter charge for service shall be based upon the non-residential monthly availability and volume charges, 14 '~""'''.' ---....,,,.,,~*. ".~,~. .,.,.,-~ -.,..,--. " .) :' ~ " ., " --;--..-,........-,-. _...~...... -~"..". ,. ..-........,.........----- ,,,...'~----_. - -- 12.C 6 c. The following ii,; of Cklf;;;:) is established for user scrv:cêö: New Accounts Meter Rel1~o\',,1 c'r Lock Turn On ^ f~er ! IO~lrs Meter Rcmoval or l.ock After Hours Mct::r Tnitir, Hc·P.l'~d Meter T,;;;L!:nd r:.,;-ri,c;.d Non-Em':r::,<:ncy Shut 011s Account Rcinst:1t,:n¡,:nt (1ess than or r:qtl:\\ to IS days) Account Rcinsl.;Jkrncnt (greater th:m 15 cLtys) $ 20.0U ~ 50CII S 50.00 $100.00 S 20,00 $ 35,00 S .50.00 S 30,00 (p!"; full payment and de:i[]"lIcncy fees) S 50.00 (J):u': full payment and debc¡',,'ncy fees) D. Effluent irrigation U$:ìge !11 nch District shall be at the following s,;\',:JtlJe: Ca> Service Availability Charge: Ci) Individua!1y Metered Irrigation: 5/8 and '/~ inch meter I inch meter ] Y, inch ml'l,'r 2 inch meter J inch rr:el,ei 4 inch meter 6 inch meter g inch meter 10 inch meter 12 inch meter $ 7.00 S 140,) S 25,00 $ 39,00 S 75,00 $115.00 $227.00 ~~07.00 $542.00 $721.00 (b) Volume Charge Per 1,000 Gallons: Full Service Reuse Master Metered Bulk Service Reuse S 0.52 $ 0,20 Except in cases where a written agrceml'nt between the District and the property owner establishes a minimum gaIlonage monthly ef!1uent rate that cannot be changed unilateraIJy by the District. all golf course and other bulk sales of emuent shall be sold and billed in accordance with this section. E. Late payments for monthly user fees are subject to a charge of 5% on the Wlpaid balance after the due date on the bill. F. The rates. fees and charges as eSUiblished in this Section Three shall be reviewed on an annual basis to ensure adequate revenues for District system operation, maintenance, renewal. replacement. enhancement and debt se1"\'ice costs. M. District Regulation. A. Application For Service. I. To obtain service, application must be made at the office of the Distñcl Applications are accepted by the District with the understanding that there is no obligation on the part of the District to render service other than that which is then available ftom its existing facilities. The District reserves the ñght to refuse service ftom its transmission mains. 2. Utility Service is fUrnished only upon signed application of the property owner. accepted by the District, and the conditions of such application or agreement are 15 12C 6 binding upon the property c\lmer as well as the DistriCl. A copy of each application or agreement for utility ~ervice accepted by Ù1C DiSlrict will be furnished to the property OW11er. 3. The applicant shall furnish to the District the correct name, street address and legal description at which service is to be rendered at the time of the application for service. All system development charges, impact fees, connection and installation fees, and any other ftes, rates and charges established by the District shall be paid in full at the time of application for service. 4, Application for service requested by firms, partnerships, associations, corporations and others, shall be tendered only by duly authorized individuals. When service is rendered under agreement or agreements entered into between the District and an agent of the property owner, the use of such service by the property owner shall constitute full and complete ratification by the property owner of the agreement or agreements entered into between agent and the District under which such service is rendered. A tenant of property shall not be construed to be an agent. 5. Where the District's water or sewer main is accessible to render service, as determined in Section 3.4, paragraph K., no Collier County Building Penn it may be issued until such time as proper application shall have been made for service and all fees necessary for the rendering of sueh service shall have been paid to the District. 6. The District may withhold or discontinue service rendered under application made by any property owner, or the pre-perty owner's agent, unless all prior indebtedness to the District of such property owner for utility service bas been senlcd in full. Service may be withheld or discontinued for non-payment of bills and/or non-complianc:e with rules and regulations in connection with the same or any different class of scrvice furnished to the same property owner at the same premises, or for non·payment of any ac:cÐunt for service to the property, Exception: if service was provided under an account in the name of a non-owner of the property, further service under a new account can be wi1hhc:ld or discontinued only if the prior nonowner ac:cÐunt holder received direct benefit from the rendering of that service at the service location. B. Limitation Of Use, Continuity of Service. I, Unless authorized by the District. water and/or sewer service purchased from the District shaIl be used by the consumer onJy for the purposes specified in the application for service. and the property owner shall DOt sell or otherwise dispose of such service supplied by the District. UnJess authorized by the District. service furnished to the property owner shalJ be rendered directly to the property owner through the District's c:ormec:OOn. and under no cln:umstanc:es shall the property owner or property owner's ..em or my other individual, association or I' ---,-...-..,."""-..-...-..,., Î f 1 , I r I f. I &, J ¡ I ~ I ¿L 1.", 12C 6 corporation install equipment for the PUfJ)Ose of disposing of said service. In no case shall a property owner, except with the \\ITinen consent from the District., extend their installation across a street, alley, lane, COurt, property line, avenue, or any other way, in order to furnish service for adjacent property, even though such adjacent property is owned by them. In the event there is an unauthorized extension, sale or disposition of service, the property owner's service will be subject to discontinuance until such unauthorized extension. sale or disposition is discontinued and full payment is made of bills for service, calculated on proper classification and rate schedules and reimbur:ow:ments in full are made to the District for all extra expenses incUITed for clerical work. testing and inspections. 2. The District win at all times use reasonable ditigence to provide continuous service, and having used reasonable diligence shall not be liable to the property owner or occupants for failure or interruption of continuous water service. The District shall not be liable for any act or omission caused directly or indircc:tJy by strikes, labor troubles, accident, litigation, breakdowns, shutdowns for emer¡ency repairs, or adjustment, acts of sabotage, enemies of the United States, wars, state, municipaJ or other governmental interference, acts of God or other causes beyond its control. 3. Property Owners shall maintain that portion of the water lines on their property located beyond the District service COMCCÛon, and all loss of water throu¡h breaks or leakage to the premises win be paid by the property owner. The property owner shall maintain that portion of the sewer line located on their property. 4. A landlord who is a customer of the District and who provides water and/or sewer service to rental units through a single master water meter shall, under any of Ihe following three circumstances. be exempt from the prohibitions contained in Section 3.4, paragraph 8.1. against the sale or disposition of District water and/or sewer service: (a) A landlord may apportion the monthly charge (or District water a:JdIor sewer service duough the master meter equalJy amona all rental units provided that the total monthly charge to all rental units shall DOt exceed the landlord's actual cost for District water and/or sewer service; or (b) A landlord may install submeters for each rental unit to track each unit's usage of water service and then charge each unit according to its exact usage. A landlord who installs submeters shall comply with the requirements of Section 3.4, paragraph E below tmd sball not I'CCO\'CI' more than his actual cost for District water andIor IeWa' Iel'Vice throu¡b the master meter and shall DOt pass on to his tenants any of the capital or administrative cost incurred in the installation and monitoring of the 17 -.-- ¡ i \ I r f I í I ,< ~ ! r t r t ! l r t '~ ..,.,,..,,,- 12C -- ~ - -1 b · i submcters or the billing of tenants for their water and/or sewer service usage; or, (c) A landlord may also provide water and/or sewer service to rental units through a single master water meter for no spec:ific compensation provided that in no event shall any landlord recover more than his actual cost for District water and/or sewer service from his tenants. 5, For any rental units which are under lease agreement as ofthe effective date of this Ordinance, a landlord choosing to install submeters as provided in Section 3.4, paragraph B.4(b), above, shall not begin monitorin¡ a rental unit's water usage for the purposes of charging a unit according to its actual water usage until the expiration of the then existing tenn under such lease agreement. Upon renewing an expired lease, or upon entering any new lease agreement with . tenant subsequent to the effective date of this Ordinance, a landlord choosing to submeter shall fully disclose to the tenant the landlord's ability to separately charge each rental unit according to its exact water usage. Such disclosure shall be in both of the following fonns: (I) oral representations by the landlord to the tenant at the time of negotiating the lease and before either party has signed the lease agreement, and (2) by conspicuously printed disclosure provision in the lease agreement specificaJly referencin¡ the landlord's ability to submeter pursuant to the terms of this Ordinance and initialed by the tenant 6. Upon a tenant's written request, any landlord who exercises his privilege to recover his actual cost for county water and/or sewer service shall provide to the tcnani documentation of the landlord's actual cost for District water and/or sewer service as well as docwnentation and a written explanation of the basis for any costs charged to the tenant for water and/or sewer service. Such documentation and written explanation shall be provided within five (5) business days from receipt of the written request. 7, Furthennore, upon dispute ora water bill by a tenant in person. in writing.. by telephone, or in any other manner, a landlord shall, within five (5) business days of receiving notice of the tenant's dispute. pursue.1I of the followin¡ mnedies in an effort to resolve the dispute: (a) Reread the master meter and/or any submeter to verify the 8CCUfIICy of the meter reading process and the working condition oCthe mcter(s); (b) If the working condition or accuracy of the master meter or any submeter is in question after being reread. the landlord shall have the meter tested; (c) Ifafter being tested the master meter or any submeter is found to be inaccurate or otherwise defective, the District or the landlord, as the case may be, shall immediately repair or replace the meter, u "-,- ~ 12C b (d) Provide documentation of current and past billing practices with respect to the applicable rental unit for the period of the requesting tenant's occupancy; (e) Arrange a meeting with the tenant and the property manager or some other representative ohhe landlord to discuss the billing process; AND (f) Any tenant whose request is unsatisfactorily addressed or who bas exhausted the above options without redress may bring suit in a court of competent jurisdiction to obtain relief under Chapter 83, Florida Statutes, the Landlord Tenurt Act. 8. All submeters must aclüeve no less than the acc:uracy standards as currently met by the District for its own water meters. In addition, any landlord installing submeters shall provide, where applicable, the followin. services, at the landlord's expense, which either meet or exceed the level of service currently provided by the District with respect to its water meters: (a) The landlord shall promptly, upon receiving notice, repair all submeter I c I ;¡ leaks; (b) The landlord shall promptly, upon receiving notice, replace any failed service nnes or associated components; (c) The landlord shall promptly, upon receiving notice, replace damaged or I deteriorated submeter boxes or lids, and shall, where applicable, lower or t raise a submeter box to grade as necessary; (d) The landlord sball, upon receiving a water quality complaint. check applicable connections and flush applicable service lines; (e) The landlord shall, upon rec:eiving a low pressure complaint. check and test the system to ensure proper operation; (f) The landlord shall locate all submeters and service lines upon reasonable request by a tenant; (g) The landlord shall turn ofT applicable submeters in emergency situations; (h) The landlord shall read all submeters no less frequently than once a month; (i) The landlord shall replace all submeters that become stuck or difficult to read; and (j) The landlord shall notify the tenant of a potenûalleak upon reading a submeter that reflects an unusually high usage. 9. The provision of water service through a single master meter by a landlord as described in this subsection is deemed not to constitute the sale or disposition of water service. The provision of sewer service as described in this subsection is deemed not to constitute the sale or disposition of sevm service. 10. Any condominium association that is a customer of the District and provides water and/or sewer service to condominium units through a single master meter 19 ,~----A ~ ,1 ;~ ~ ~ -.~ ~...-.........-----_.._--~--_._-_..- - ...... ................,.........--...--- 12C ':'I may allocate the cost for such water SC1'\'ice among its membns either by equal apportionment, installation of submeters. or otherwise provided that such allocation of cost is restricted to recovery of the condominium association's actual cost for District \I\I'3ter and/or sewer service and directly related administrative or capital expenses incUJ'T'ed in recovering that cost. Upon member's wrinen request, any condominium association that exercises its privilege WKIer this exanptioo from the prohibitions in Section 3.4, paragrapb B.l. to recover its IIC1UaI cost for District wa~er and/or sewer service and directly related administrative and capital expenses incurred in recovering that cost shall provide to the member documentation for the condominium association's actual cost for District water and/or sewer service as wen as documentation and a written explanation of the basis for any costs charged to the member for water service. Such documentation and written explanation shan be provided within five (5) business days from receipt of the written request. The provision of water service through. single master water meter by . condominium association as described in this subsection is deemed not to constitute the sale or disposition of water service. The provision of sewer service as described in this subsection is deemed not to constitute the sale or disposition of sewer service. 11. Any landlord or condominium association that elects to install submetcrs shall not charge a security deposit C. Property Owner's Liability For Damage to Equipment. The property owner is liable to the District for any damage done to the District's equipment used in providing service to the property owner, except damage done by District employees. D. Security Depo~its on Water Account. Security deposits are no longer required on District customer accounts for water service. All existing security deposits on customer accounts shall be credited, pro-rata, to each customer account. E. Security Deposits on Sewer Accounts. Security deposits are no longer required on District customer accounts for sewer service. All existing security deposits on sewer service shall be credited, pro-rata, to each customer account. " F. Property Owner's Responsibility for Water Service; Bad Debts. }, The property owner is responsible for all water and/or sewer service provided to the property. In the event service is discontinued for non-payment, service will be restored only after property owner has fully complied with provisions of Section 3.4, paragraph 0.2 and 0.3, of this Ordinance. 2, Bad debts will be taken off the books and the property owner's name and the amount due will be filed in a bad debt file. In the event water 8ndIor sewer 20 6 I I, 12C 6' " service is requested to the property owner in the future, this back debt must be paid before water and/or sewer service will be furnished. G. Dates Bills Due and Delinquent; Discontinuance of Service for Non-Payment; Reinstatement Following Discontinued Service. 1. Bills for service are due by the date set forth on the bill from the District and are delinquent thereafter. Service will be cut ofT when delinquent for non-payment of bills. 2. When service ha.~ been discontinued for nonpayment of current bills, service will be renewed upon payment of all unpaid bills, plus a thirty dollar ($30.00) service fee for reinstatement, provided howcver, the settlement in full is made on 01' before fifteen (15) days from the date of the disc:ontinuauc::e of such service. 3. If service is discontinued for more than fifteen (IS) days by the property owner's request. or for any other reason, the street cock will be turned ofT and the meter removed from premises. Should the property owner request rmewaI of service for the premises. service will be restored upon fun payment of: I) all past due bins plus delinquency fees. and (2) a reinstallation charge of fifty dollars ($50.00). 4. Billing for water service shall begin upon registtation of water on meter, 01' ninety (90) days from date of application for service, whichever OCC:W'S rust. BiIlin¡ for sewer service shall commence upon the issuance of a certificate of occupanc:y or ninety (90) days following the issuance of a notice to connect to the sewer system. whichever occurs first. 5. The property owner shall immediately notify the District of any additional dwelling units connected to the District's service lines if the dwclling units have not been included in previous applications. For violation of this Section. the District's service may be discontinued. 6. The property owner shall reimburse the District for its expenses to change a location or a meter, when the property owner requests a change in location. The District's expenses include labor, materials plus an administration fee equal to ten percent (10%) of the District's expenses. H. Billing Payment When Meter Becomes Defective; Right Of Entry Of Authoriæd Agents Or Employees. 1. Should the meter on any premises become defcc:tive, so that the amount delivered for the current month cannot be ascertained, the property owner shall pay for that month an amount equal to the average amount char¡cd for the four (4) preceding months unless the actual amount of water can be determined. 2. Duly authorized agents and employees of the District sball, during dayli¡bt boW'S or if called out after dark for emergency service, have access to any property for the purpose of examining the condition of fixtures, service pipe installation and su,~h other purposes as may be proper to protect the interest of the District, ·ì 21 '.''''~"- ',i,.~' ~.',',I·, ,/"',";;,>.'.. ... .,' ,w, ,,' '".. ..... .,:. ,\ ."1.'. ~,~,' .:. '" ':: , 12C 6 t reading or repairing the water meters located thmon, or tumin, the supply of such water to the premises off or on. I. Water Bill Complaints. No high water bill complaints shall be accepted for inspection by the District unless .n plumbing fixtures, piping and outlets have been examined by . licensed plumber who bas certified that there are no leaks. If an investigation is made by the District and the findings reveal the initia; meter reading was lICCW'8te and the meter is functioning properly, a re-read charge of twenty dollars ($20.00) will be assessed against the property owner. After the fust request, the property owner shall be cblr¡ed at thirty-five doltars ($3 S .00) per test for any re-reads or meter tests which show the meter is functioning properly. 1. Meters. Location And Char¡e For Moving. Meters shall be placed when possible just within the property line at the property comer at the nearest point to the tap-in main. If a meter is moved at the request of the property owner, the property owner shall pay a fee equal to the District's cost plus ten percent to relocate the meter . K. COMecÛOns With Water And Sewer Required. The owner of each lot or parcel of land within the District upon which lot or parcel of land any improvement is now situated or shall hereafter be situated. shall, if the District operates and maintains distribution and/or collection facilities along the frontage of their property. COMect or cause such improvement to be connected with the water and/or sewer facilities of the District The usage of such facilities shall, at a minimum, be used for all indoor usage and shaJJ be COMccted within ninety (90) days following notification to do so by the District Connection to the reuse system shall only be required if the development order and/or property pmcha.se agreements require such connection. All such coMections shall be made in accordance with rules and regulations which may be adopted from time to time by the District. which rules and regulations shall provide for a charge for making any such connection in such reasonable amount as the governing board of the District may fix and determine. No cOMection or connections shall be required where the water or sewer system or line is more than two hundred (200) feet from sucb property line. L. Exceptions To COMec:tions. This Ordinance shall not be construed to require or entitle any person to cross the private property of another in order to connect to the District's water and/or sewer service. M. Connections May Be Made By District I f any property owner of any lot or pan:el of land within the District shall fail or refuse to connect to and use the water and/or sewer facilities of the District after notification. as provided herein. then the District shall be authorized to make such connections, entering on or upon any such property for the purpose of makin¡ such c:onnection. The District !," 1 -, ·iJ 22 ':',.:'."{:.';';;~:;;,!::,:{,,<,,,<"~':)~:.:¡':',...:. ",' ;".':"";;,.,:,<,.; ;~, ", ' ; ,.1, ' " , , ''''; :, " , ',~: " J 2C- 6 ' '" shall thereupon be entidcd to r:'Cover the cost of making such connection. together ~ith reasonable penalties and intemt and anomey's fees, by suit in any court of competent jurisdiction. In addition and IS an alternative means of collecting such costs of makin¡ such cOMections. the District shall have a lien on such property for such cost; which lien shall be equal dignity with the lien of Slate and County taxes. Such lien may be foreclosed by the County in the same manner provided by the laws of F10rida for the foreclosure of mortgages upon real estate. N. UÑaMWCo~on~mkd No person shall be allowed 10 connect into any water or sewer line owned by the District without written consent of the District. The connection with IUCh line shall be made oÑy under the direction and supervision of the District. Any property owner or plumber who shall ma.ke any connection without such consent of the County shall. upon conviction be subject to the penaJties hereinafter provided. O. Failure To Maintain Plumbing System. The property owner shall be responsible for maintaining and keeping free from obstruction the water and sewer pipes leading to and coMccting from the plumbing system to the District's water and sewers mains, and failure to keep the water and sewer pipes. fi-ee from obstructions and maintained in a proper manner shall be subject 10 the penalties hereinafter provided. P. Unpaid Fees To Constitute A Lien. In the event that the fees, rates or charges for the services and facilities of any water or sewer system shall not be paid as and when due, any unpaid balance thereof and all interest accruing thereon shall be an automatic lien on any parcel or property affected thereby. Such liens shall be superior and paramount 10 the interest on such parcel or property of any owner, lessee. tenant., mortgagee or other person except the lien of county taxes and shall be on a parity with the lim of any such county taxes. In the event that any such fees, rates or charges shall not be paid as and when due and shall be in default for thirty days or more the unpaid balance thereof and all interest accrued thereon. IOgether with attorneys fecs and costs, may be recovered by the District in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the District by action or suit in equity as for the foreclosure of a mortgage on real property. Q. No Free Service. No water or sewage disposal service shall be furnished or rendered free ofchar¡e 10 any persoll, finn or corporation whatsoever, and the County and eacb IÙ1d every agency, department. or instrumentality which uses such service shall pay therefore at the rates fixed by this Ordinance. R. Separate Connections For Each Separate Unit UÑess authorized by the District. each dwelling unit whether occupyin¡ one or more lots and whether it shall occupy any lot or parcel jointly with any other dwellin¡ unit shall be !' 23 12C 6 ':: ~ ì' considered a separate unit for the payment of the water and sewage disposal rates and charges, and separate cOMections will be required (or each of such dwelling units. SECTION FOUR. Lawn Sprinklin, R~I.tions. U. Purpose. From time to time, operational conditions may limit the ability of the Collier County Water·Sewer District (hereinafter referred in this section Four as "District") or any other authorized water purveyor providing water service in Co\1ier County, Florida. to supply potable water. A deficiency in nonnal rainfall causes increased demands in the District or operatina area of an authorized water purveyor which may exceed District's or the authorized water purYC)'OI's water system facilities designated capacity. These operational conditions or increased demands may cause water pressures lower than required by the Department of Environmental Protecdoa. or any successor regulatory agency, regulations or pressures lower than necessary to properly operate the water system of the District" or the authorized water purveyor. These reductions in system pressure may pose a threat to the health, safety, and welfare of the citizens of Collier County. The potential threats may occur in relatively short time periods. requirina immediate action to protect the public health and prevent damage to the District's and authorized water purveyor's water facilities. Accordingly, there is a need to establish lawn sprinkJin¡ restrictions to protcct the public health, safety and welfare. ~. Regulations. A. The following regulations are hereby established governing the use of potable water for lawn sprinkling from the District's or any other authorized water purveyor's water system In Collier County during emergency conditions within the unincorporated areas oCComer County. As there are separate areas which arc supplied through separate facilities and water sources, these regulations may be applied to anyone, all or any portion of the designated areas, dependent upon the nature of the emergency. B. The Board of County Commissioners hereby authorizes the County Administrator, or his designee, to implement said regulations whenever the County Administrator has rccei ved notice from District staff or the staff of an authorized water purveyor that because of natural or operational conditions, the District's or authorized water purveyor's water facilities are inadequate to meet system demands, which may affect the health, safety or welfare of the citizens of Collier County. The County Administrator, or his designee, may impose said regulations without approval from the Board of County Commissioners, if it is detennined that time restraints required for Board approval would cause an undue risk to the residents or water facilities of the District or the authorized water purveyor. The COWlty Administrator, or his designee, is required to seek approval from the Board of County Commissioner at the first available regularly scheduled session, or special session, to maintain enforcement of said regulations. At the conclusion oC the emergency, the County Administrator, or his designee, shall rescind said regulatiolUl, unless otherwise directed by the Board of County Commissioners. ~ . 24 .~ '"p........,".- The Regulations are established as follows: Land.cape Materials Les. Than 30 Day. Old Phase I Moderate Shortage Under S acres: 2 am . lam Mon., Wed,. Thurs. &. Fri.; 5 acres or over, 12:01 am ·1:00 am Mon., Wed., Fri. Low vol. hlllCl watering: volunwy, New iniption system clean &. edjust 10 min, per zone, one time only. Phase II Severe Shortage Under 5 acres: 2 am . lam Mon., Wed" Thurs. &. Fri.; 5 acres or over: 12:01 am -1:00 am Mon., Wed" Thurs, Fri. New inialltlon systml clelll &. adjust 10 min, per zone, one time only. Phue III Extreme Shortage Under 5 ICres: 2 am - 7 am Mon" Wed., &: Fri.; S acres or over: 12:0 I am - 7 am Mon., Wed. &. Fri.; low volume hand watering: volunwy. New Irrigation system cleanina &: adjustinal 0 min. per zone, one time only, Phasc IV Critical Shortage Under S acres: 6 am - 7 am Slit.; S acres or over: 4 am . 7 am Sal.; low volume hand watering: Mon" Wed, It. Fri. New irrigation system c:leanina &. adjusting prohibited. 12C Ó' Laadteape Materials Greater Thaa 30 Day. Old Under 5 acres: 4 am . I am Mon" Wed., &. Sat. for odd house addresses &. Tues., Thurs. &. Sun. for even house eddresses; 5 acres or over: same as under 5 teres exc:ept br.limited to 12:01 am -1:00 em. Under 5 acres: 4 am . I am Wed. &. Sat. for odd house addresses; Thurs. &. Sun. for even house addresses &. locations with no address; 5 acres or over: same as under 5 acres exc:ept houn limited to 12:01 am -lam. Under S acres: 4 am . 7 am Sat. for odd house addresses; Sun. for even addresses &. locations with no addresses; 5 acres or over: SlIme as under 5 acres except hours limited to 12:01 am· 7 am. Under S acres: 6 am Sat. for odd house addresses &. Sun for even house eddresses &. locations with no addresses; S acres or over: SIIIIe IS under S ecm except houn limited to 4 am - 7 am. 1J., HardshipNariance Procedure. A. Under extraordinary conditions the Board of County Commissioners may grant. variance to the regulations adopted in this section. Any request for a variance must be submitted by the affected District or water purveyor in writing to the County Administrator. B, A request for a variance submitted by a District or water purveyor may be granted when the District or water purveyor provides a written statement which indicates that a hardship exists due to operational conditions wherein the District's or water purveyor's system cannot meet system demands caused by the implementation of the regulations set forth in this Section IDd setting forth the variance requested. C. A request for a variance submitted by a property owner served by . District or water purveyor may be granted when the property owner provides a written statement which indicates that the property owner will sutTer a substantial hardship due to the implementation of the regulations set forth in this Section and setting forth the variance requested. Any request for. variance submitted by a property owner shall first be reviewed and approved by the District or water purveyor. D. An)' variance granted by the Board of County Commissioners shall be the minimum necessary to alleviate the hardship c:reated by the implementation o(the regulations set forth in this Section. E. In an emergenc:y created due to time constraints, the County Administrator may grant a temporary variance. At the next regularly scheduled Board of County Commissioners rnectin¡. 2S 12C 6 the Board of County Comntissioners shall consider whether the temporary variance shall remain in effect. F. Any variance granted under this Section shall tenninate upon the hardship no longer existing. ~. Exceptions. A. Developments within Collier County utilizing one hundred percent re-use water for irrigation purposes are exempt from the restrictions of this Section. SEcrlON FIVE. City olN.pla Service Area. li. No extension of existing distribution water mains of the water system of the City of Naples may be made within the Collier County Water-Sewer District, Marco Water and Sewer District or the GoodIand Water District (collectively referred to in this Section Five u "District") without the prior, written consent and approval of the governing board of the District, except that this Ordinance shan not apply to the lands described in Section 5.4. U. An applications for said distribution water main extensions shall be made in writing to District staff who shall present said requests to the governing board of the District within thirty (30) days of receipt thereof. U. The governing board of the District may attach reasonable conditions to the issuance of pennits for distribution water main extensions which conditions may include. but not be limited to. provisions for payment of system development charges or impact fees which are. or may be enacted by Collier County. ~. The City of Naples Water Service Area Boundaries are as follows: Beginning at the intersection of the easterly shoreline of the Gu!fofMexico with the southerly City limit line of the City of Naples; thence easterly along said southerly City limit line to the southeast comer of Section 27. Township SO south, R.an¡e 2S eat; thence northerly along the easterly City limit line to the northeast c:omer of said Section 27; thence westerly along the north line of Section 26, Township SO south, Range 2S east to the northeast comer of said Section 26; thence northerly alona the east line of Section 23, Township SO south, Range 25 east to its intersection with the southerly ri¡bt-ofway line of Thomasson Drive; thence easterly along said southerly right-of-way line of Thomasson Drive to its intersection with the range line lyin¡ between Ran¡e 25 east and Range 26 east; thence northerly along said range line lyina betv.un R.an¡e 2S cast and Range 26 east to the northeast c:omer of Section 13, Township 49 south, Ranp 2S east; thence westerly along the north line of Sections 13, 14. IS. 16 and 17, Township 49 south, Range 25 east to the intersection of the north line of said Secûon 17 with the easterly shoreline of the Gulf of Mexico; thence southerly alon¡ the meanders of the easterly shoreline of the GuIfofMexico to the point of beginning. ~ ,.. SECTION SIX. Sewer Use RatrktiODS 6.1. A. This Scc:tion Six sets forth unifonn requirements for dim:t and indirect c:ontn"butors into the wastewater collection and treatment system of the Collier County Water-Sewer District (hereinafter referred in this Section Six as "Distric:tj and enables the District to 26 ",",'.-_.- .. .. ..... _. _.. w_.. .........._.........._.--......... 12C comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Part 403). B. The objectives of this Section Six are: I . To prevent the introduction of pollutants into the District wastewater system which will intmere with the operation of the system or contaminate the resulting sludge; 2. To prevent the introduction of pollutants into the District wastewater system which will pass through the system, inadequately treated. into receiving waters or the atmosphere or ocherwise be incompatible with the system; 3. To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and 4. To provide for equitable distribution ufthe cost of the District wastewater system. C. This Section Six provides for the regulation of direct and indirect contributors to the District wastewater system through the issuance of permits to cenain non-domestic users and through enforcement activities, requires user reporting. assures that existing customers' capacity will not be pre-empted, and provides for the 5Ctting of fees for the equitable distribution of costs resulting from the program established herein. D, This Section Six shall apply to the District and to persons outside the District who are, by contract or agreement with the District. users of the County Publicly Owned Treatment Works (POTW). Except as otherwisc provided herein, the Public Works Administrator or his designee shall administer, implement and enforce the provisions of this Section Six. 21. Definitions. Unless the context specifically indicates otherwisc, the meaning oftenns used in this Ordinance shall be as follows: A. "Administrator" shall mean the administrator of the U.S. Environmental Prokdion Agency or his duly authorized representative. B. "Authorized Representa1ive" shall be a principal executive office of at least the level of vice president if the industrial user is a corporation; a general partner or proprietor if the industrial user is a partnership or sole proprietorship; or an individuaJ if such representative is responsible for the overall operation of the facility. C. "BOD" ( denoting Biochemical Oxygen Demand) shan mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20°C, expressed in milligrams per liter. D. "Building Drain" shall mean that part ofthc lowest horizontal piping ofa drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls ofa building and conveys it to the building scwer, bc¡iMing five (S) feet (l.S meters) outside the inner face of the building wall. E. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disJ'0'81. 27 6 .: 12C b F. "Chemical Oxygen Demand (COD)" shall mean a measm-e of oxygen equivalent of that portion of the organic matter in a sample: that is susceptible to oxidation by a strong chemical oxidant. G. "County" shall mean Collier County, the Board of County Commissioners of Collier County, Florida, or the duly authorized stafT, agent or the representative acting on behalf of the Board of County Commissioners to supervise and manage the operation of the publicly owned water and wutcwater facilities. H. "Cooling Water" shall mean the water dischar¡ed from a building subsequent to its use for purposes COMeàed with air conditioning, cooling, refrigeration, or for other purposes to which the only pollutant added is heat. 1. "Direct Discharge" shall mean the discharge of treated or untreated wastewater directly to the surface waters of the State of Florida. J. "Domestic Wastewater" shall mean a combination of water -carried wastes which shall not exceed the following concentrations: 2SOmgll BOD, 25011 TSS, 30 mgll TKN and IS mgll Phosphorous. K. "Easement" shall mean acquired legal right for the specific use ofland by others. L. "Envirorunental Protection Agency (EPA)" shall mean the United States Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said agency. M. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. N. "Indirect discharge" shall mean the discharge or introduction of non-domestic pollutants from any source into the municipal wastewater facilities as regulated under Set:tion 307 (b), ( c), or (d) of the Clean Water Act, as amended from time to time. O. "Industrial User" shall be a source of Indirect Discharge as regulated under Section 307 (b). (c), or (d) of the Clean Water Act, as amended from time to time. P. "Industrial Waste Surcharge" shall mean the monetary charge made in excess of the sewer service charge for all wastewater over and above normal wastewater. Q. "Industrial Wastes" shall mean the liquid wastes discharged from industrial manufacturing processes. trades. or businesses and having clwa<:teristics exceeding dom('S1Ìc wastewaters. R. "lnfiltrationlInflow" shall mean ground water and surface water which leaks into the sewers through cracked pipes, joints, manholes or other openings. S. "Interference" shall mean the inhibition or disruption of the Publicly Owned Treatment Works (pOTW) processes or its operation which contributes to a violation of any requirement of the County's state issued operating permit. T. "May" is a word that when utilized in this Ordinance has a permissive meaning. U. "National Categorical Pretreatment Standard" or "Pretreatment Standard" shall mean any regulation containing pollutant discharge limits promulgated by EP A in accordance with the CleM Water Act. as amended from time to time. 29 12C 6 V. "Nanual Outlet" shan mean any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. W. "Nonnal Wastewater" shan mean wastewater discharged into the sanitary sewers in which the average concentration of total suspended solids and BOD is not more than 250 mgll BOD and 250 mg/l TSS, total phosphorous is not more than IS mg/l, total Kjeldahl nitrogen is not more than 30 mgll; and total flow is not more than 25,000 gallons per day. X. "Owner" shall mean person desiring or receiving service. Y. "Person" shall mean any individual, firm, company, government entity, association, society, corporation, or group. Z. "pH" shall mean the logarithm (base 10) of the reciprocal oftbe weight of hydrogen ions in grams per liter of solution. AA. "Pollution" shall mean the man-made or man-induced alteration of the chemical. physical, biological or radiological integrity of water. BB. "Pollutant" shall mean any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat., wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal or agricultural wastes discharged into the surface waters or ground waters of the State of Florida. ce. "Pretreatment or Treatment" shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties of a wastewater to a less hannful degree prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. DD. "Pretreatment Requirements" shall mean any substantive or procedural requirement related to a pretreatment other than a Naticnal Categorical Pretreatment Standard imposed on a DOn-domestic wastewater discharger. EE. "Private Sewage Disposal System" shall mean any individual on-site sewage treatment and disposal system such as septic tanks, cesspools and similar facilities but not including package sewage treatment plants. FF. "Properly Shredded Garbage" shall mean the wastes fiom the preparation, cooking and dispensing of food that have been shRdded to such degree that all articles will be carried freely UDder the flow conditions normally prcvailin¡ in public sewers. with no particle greater than one-half(%) inch (1.27 centimeters) in any dimension. 00. "Publicly Owned Treatment Works (POTW)" shall mean a treatment works which is owned by the District. This definition includes sewers that convey wastewater to the treatment works.. but does not include pipes, sewers or other conveyances not connected to a facility pro..;ding treatment. HH. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by a public authority. 29 12r '" II, "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm. surface waters and ground waters are not intentionally admitted. J1. "Sewage" shall mean a combination of the water-c:anied wastes from residences. bu.o¡iness buildings, institutions and industrial establishments, together with such ground waters and surface and storm waters as may be present KK. "Sewage Treatment Plant" shall mean all facilities for treatment and disposal of sewage. LL. "Sewage Works" shall mean all facilities for collecting, pumping, treatment, and disposal of sewage. MM. "Sewer" shall mean a pipe or conduit for canying sewa¡e. NN. "Shall" and "Will" are words that when utilized in this Ordinance have a mandatory meaning. 00. "Significant Violation" shall be a violation which remains uncorrected for 45 days after notification of noncompliance; which is part of a pattern of noncompliance over a twelve month period; which involves a failure to accurately report noncompliance; or which results on the POTW exercising ilS emergency authority to halt or eliminate immediately a discharge. PP. "Slug" shall mean any discharge of water, sewage or industrial waste in concentration of any given constituent or in quantity oft1ow may cause upset of the POTW operation or exceeds for any period of duration longer than fifteen (IS) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation. QQ. "State" shall mean the State of Florida or regulatory agency within the State government having jurisdiction over a particular topic of concern. RR. "Standard Industrial Classification (SIC)" shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Exec:utive Office of the President, Office of Management and Budget, in 1972, a:; amended from time to time. SS. "Storm Drain" (sometimes tenned "stonn sewer") shall mean a sewer which carries storm and surface waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water. IT. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering. UU. "Toxic Pollutant" shall mean any po!lutant or combination of pollutants listed as toxin regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of the Clean Water Act, as amended from time to time. VV. "User" shall mean any person who contributes, causes or permits the contribution of wastewater into the County's POTW. WW. .. Public Work.! Administrator" shall mean the person designated by Collier County to supervise the operation of the publicly-owned tleatment works or his du1y authorized deputy, agent or representative. 30 12C 6 . XX. "Wastewater" shall mean a combination of the wnter-carried wastes fTom residences. business buildings, institution, and industrial establishments, together with such ground. surface and stormwaters as may be present. YY. "Watercourse" shan mean a channel in which a flow of water occ:un, either continuously or intennittently. ZZ, "District" shall mean the Comer County Water-Sewer District and Marco Water and Sewer District. AAA. Carbonaceous Biological Oxygen Demand ("CBOD") shall mean a quantitative measure of the amount of dissolved oxygen required for the biological oxidation of carbon-containing compounds in a sample. §.l. Abbreviations. A. "ASTM" American Society for Testing and Materials B. "BOD" Biochemical Oxygen Demand C. "CBOD" Carbonaceous Biological Oxygen Demand D. "CFR" Code ofFedcral Regulations E. "COD" Chemical Oxygen Demand F. "FDEP" Florida Department of Environmental Protection G. "EPA" U.S. Environmental Protection Agency H, "mg/l" Milligram per liter 1. "NPDES" National Pollutant Discharge Elimination System J. "POlW" Publicly Owned Treatment Works K. "ppm" Parts Per MiIlion L. "SIC" Standard Industrial Classification M. "SS" Suspended Solids N. "TKN" Total Kjeldahl Nitrogen O. "WEF" Water Environment Federation M. Supplemental Service Charge A. Wastewater system users determined by the District to be included in the Pret1eatment program shall pay a monthJy Supplemental Service Charge for the additional services required to monitor the wastcs being discharged by such users. This charge shall be separate and distinct from the industrial sewage strength service charge. This Supplemental Service Charge will be levied for the following: I. Monitoring, inspections and surveillance procedures; 2. Collection and analyses of wastewater samples; 3. Collection and evaluation of monitoring data; 4. Equipment servieing by an independent service company; 5. Other requirements deemed necessary to implement the Pretreatment program as delineated in this Ordinance. 31 f: 12C 6 ~.. t i š f i.' ,~ ~. Rules and Regulations A. The following Rules and Regulations apply throughout the area encompassing Collier County and to all wastewater dischargers provided wastewater service by the District. B. Discharge oflndustrial Waste. 1. Any Owner dischar¡in¡ industrial wastes into the v.'lStewater col1ection system at the time of passage of this Ordinance shall submit. dischar¡e permit application in the required fonn witb six (6) months from the date ofpassase oflhis Ordinance. AU industrial wastewater dischargers proposing to discharge into the District's wastewater system shall file with the District on forms furnished by the District an additional application for discharge permit, showing the volume, strength and characteristics of waste discharged or to be discharged in to the Public Sewer. If detennined necessary by the District. analyses of the representative wastes shall be made by an approved indtpendent laboratory and submitted with the application. Following the initial approval, any change in the use of the premises or change in production or operation thereof which causes an alteration in the water use, waste volume, strength or characteristics, shall require an amended application to be filed and approved by the District prior to implementing the proposed alteration to the premises. All discharge permit and amended discharge permit applications wil1 require payment of a fee to be paid at the time the application is filed. All review costs. in addition to the basie discharge pennit fee, shall be borne by the User and paid prior to issuance of any discharge pennit. 2. It shall be unlawful for any User of the District sewers to discharge industrial wastes into the public sewers without obtaining a discharge permit from the District. Applications for such discharge permits shall be made to the District on fonns provided by the District All infonnation that the District deems necessary to detennine potential impacts to the Publicly Owned Treatment Works shall be provided by the applicant. 3. Discharge pennits shall be issued to the applicants by the District upon finding that the infonnation set forth in the application wil1 confonn to the provisions of th.is Ordinance, and that the proposed use will be compatible with the capacity, process, treatment and nutrient load of the District wastewater facilities. Discharge pennits shall be valid for a term of three (3) years from the date of issuance unless sUlTCndcred to, or revoked by, the District upon the determination that an industrial user is exceeding the peak quality and volume of effluent set fonh in the original application and/or discharge permit conditions. In the event an Industrial User proposes to make any change in the peale quality and volume of effluent during the tenn of the permit, resulting from increases in production and/or chang~s in the production profile, beyond the scope of the discharge pennit, such User shall file an amended application for a permit authorizin¡ such 32 ",.._~.._.__._._--- ------.----..-- ~ r ¡, t, t, ~< t ~ ¡; t' ~~. 33 t2C 6 change. Such permit shall not be reassigned or transferred 10 a new Owner, new User or different premises without the approval of the District. Discharge permits shall be renewed by completing the permit application form and subsequent review of the application and historical compliance records. 4. Applications must be signed by the Owner of the premises or his duly authorized agent, and signed by the authorized representative of the District showing payment to the District and County of the applicable coMection charges and impact fees provided for prior to the initiation of the services. 5. All applicants for service, whether or not such service is to be provided to property within the District area, expressly agree as a condition of acceptance of service to abide by the roles and regulations delineated herein. 6. All cost and expenses incidenl to the installalion and connection of the building sewer shall be borne by the Owner. The Owner shall indemnify the District from any loss or damage thai may directly or indirectly be occasioned by the installation of the building sewer, C. Effluent Quality Bond. I. To further assure compliance with the requirements of this Section Six, all permitted Industrial Users, upon receipt of the discharge permit, shall deposit with the District and "Discharge Quality Bond" for the permit years payable to the County and District and conditioned upon the Industrial User's faithful compliance with the provisions oflhis Section Six and all State and Federal Regulations relating to water pollution control. Said bond shall be further conditioned upon the Industrial User's prompt payment of all charges assessed to the Industrial User by the District under the provisions of this Section Six resulting from the Industrial User's failure to comply with the tenns hereof, and to the Industrial User fully indemnifying and protecting the County and District from any penalties, damages or claims for penalties and damages (including attorney's fees and cost for defending such claims. including any appeals) arising or resulting from the Industrial User's failure to comply with any provision of this Section Six and/or the State and Federal ReguJations relating to water pollution control. The amount of the discharge quality bond shall be set forth by resolution. The bond shall be approved by the County Attorney as a condition ofissuance of any permit. D. Use of Public Wastewater System. 1. No user shall discharge or cause to be discharged any stonnwater, surface water, groundwater, roofrun-<JfI', subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any public wastcwaler collection system. 2. Storm water and all other unpolluted drainage shAll be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the \ " '. ~:~ _...__.".....,."w_ ~- -_.._- 12C 6 County. Industrial cooling water or unpolluted process waters may be discharged.. on approval by the County. to a stonn sewer or natural outlet. 3, Other discharge limitations established to prevent interference with the operation or perfonnance of the Publicly Owned Treatment Works (POTW) are specified by the following sections. E. General Discharge Prohibitions. 1. No User shall contribute or cause to be contributed, directly or indirec:tly, any pollutant or wastewater which will interfere with the operation or performance of the Publicly Owned Treatment Works (POTW). These general prohibitions apply to all such Users of a POTW whether or not the User is subject to the National Categorical Pretreatment Standards or any other FederaJ, State, or local Pretreatment Standards or Requirements. A User shall not contribute the following substances to any POTW: (a) Any liquids, solids or gases which by reason of their natw'e or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than five percent (5%), nor any single reading over ten percent (100/0) of the Lower Explosive Limit (LEL) of the meter; Prohibited materials include, but are not limited to, gasoline. kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any other substances which the County, District, the State or EP A has notified the user is a fire hazard to the system. (b) Solid or viscous subst:U1ces which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch (Va") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails. whole blood, fcathers, ashes, cinders, sand, spent lime, tone or marble dust, met.,J,jš!ass, straw. shavings, grass clippings, rags. spent grains, spent hops. u'>Cd b;.M control and feminine hygiene products, wastepaper, wood, plastics. gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. (c) Any wastewater having a pH of less than 5.5, or higher than 9.5, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW. 34 I2C 6 (d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, conSiitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitations set forth in the National Categorical Pretreatment Standards. A toxic pollutanl shall include, but not be limited to, any pollutant identified pursuant to Section 307( a) of the Clean Water Act, as amended from time to time. (e) Any noxious or malodorous liquids. gases. or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintcnance and repair. (t) Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or sewns, to be unsuitable for reclamation and fe-use or \0 interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Clean Water Act, as amended from tÌr.1e to time; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act. the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used. (g) Any substance which may cause the POTW to violate its State operating pennit(s) or the receiving water quality standards. (h) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. (i) Any wastewater having a temperature which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater ,,;th a temperature at the introduction into the POTW which exceeds 4O"C (104°F). ú) Any waste or waste containing fats, wax, grease or oils. whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32°) and one hundred four (104°F) (0° and 40°C). (Ie) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a User knows, or has reason to know, will cause interference in the POTW. In no casc shall a slug load have a flow rale or contain concentration or qualities of pollutants that exceed for any lime period longer than fifteen (15) minutes 35 more than five times the average twenly-foW' (24) hours concentration. quantities. or flow during normal operation. (I) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed the limits established in compliance with applicable State or Federal Regulations. (m) Any liquid or vapor having a temperature higher than one hundred fifty (ISO) degrees Fahrenheit (sixly-five [6SJ degrees Celsius). (n) Any garbage that has not properly been shredded. The installation and operation of any garbage grinder equipped with a motor of three.fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Public Works Administrator. (0) Any waters or wastes containing strong acid iron pickling wastes. or concentrated plating solutions, whether neutralized or not. (P) Any waters or wastes containing iron, chromium, copper, zinc. and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Public Works Administrator for such materials. (q) Any waters or wastes containing phenois or other taste- or odor.producing substances, in such concentrations exceeding limits which may be established by the Public Works Administrator as necessary, after treatment of the composite sewage, to meet the requirements of the state, Federal. or other public agencies of jurisdiction for such discharge to the receiving waters. (r) Material which exert or cause: (i) Concentrations of inert suspended solids (such as, but not limited to, sodium chloride and sodium sulfate) differing from that typically found in domestic wastewater. (ii) High BOD, chemical oxygen demand. or chlorine requirements in such quantities as to constitute a higher loading than normal wastewater on the sewage treatment workers. (iii) High volume of flow or concentration of wastes constituting slugs. (s) Waters or wastes containing ~,.ubstances which are not amenable to treatment or reduction by the sewage treatment processes employed. or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to receiving waters. (t) Any wastewater which causes a hazard to human life or creates public: nuisance. t 2C 6' 36 12C b 2. When the District determines that a User{s) is contributing to the POTW, any of the above enumerated substances in such amounts which threaten to inteôere with the operation of the POTW or may present an endangerment to the environment, the District shall have the authority to immediately halt or prevent any discharge of pollutants to the POTW. The District shall provide the User notice of this action in accordance with Section 6.7, paragraph E of this Ordinance. 3. Subsequent to such action, the District shall allow the User 30 days for a response, which shall include the cause of the discharge and corrective measures taken. Wastewater service shaH not be resumed until such corrective measures as needed have been undertaken to eliminate threat of inteñerence or endangennent to the environment. 4. Following this response period, the District, as it detennines necessary, shall begin development of effluent limitation(s) and a compliance schedule for such user to correct the inteôerence with the POTW. F. Maximum Concentrations Allowed. 1. All sewage service customers arc prohibited to discharge the following above their indicated concentrations at any time: (a) Cyanide 0.050 mg/1 (b) Arsenic 0.020 mg/1 (c) Cadmium 0.030 mg/1 (d) Total Chromium 0.010 mg/1 (e) Copper 0.300 mg/1 (t) Lead 0.200 mg/l (g) Mercury 0,002 mg/1 (h) Nick~1 0.200 mg/1 (i) Silver 0.040 mg/1 G) Zinc 0.300 mg/l (k) Total Phosphorous 10.00 mg/l (I) Ammonia Nitrogen 25.000 mg/l (m) Total Nitrogen 40.000 mg/l The concentrations set forth above shall automatically be amended to comply with state and federal regulations. ' G. Approval of Pretreatment Facilities. If the District permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the District, and subject to the m¡uircments of all applicable codes, ordinances, and laws. H. Maintenance of Pretreatment Facilities. Where preliminary treatment or flow equalizing facilities arc provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the Owner at Owner' s expense. 37 12C 6 I. Use oflntcrceptors (Traps). Grease. oil. and sand interceptors shall be provided when. in the opinion of the District, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts., or any flammable wastes.. sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling or dwelling units. All interceptors shall be of a type and capacity approved by the District; and shall be located as to be readily and easily accessible for planning, cleaning and inspection. The minimum size of interceptors shall be in confonnance with the County's Plumbing Code. except that interceptors for restaurants of all types shall be 2S gallons of capacity per restaurant seat. 1. Use of Control Manhole. When required by the District. the Owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together \\ith such necessary meters and other appurtenances in the building sewer to facilitate observation. sampling. and mea.~ment of the wastes. Such manhole, when required, shaI] be constructed in accordance with plans approved by the District. The manhole shall be installed by the Owner at his expense, and shaH be maintained by Owner so as to be safe and accessible at all times. K. Measurements, Tests. All measurements. tests, and analyses of the characteristics of waters and wa..¡tes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater". published by American Public Health Association, and shall be determined at the control manhole provided. or upon suitable samples taken at said control manhole shaJl be carried out by customarily accepted methods to reflect the effect of constituents upon sewage works and to detennine the existence of hazards to life. limb, and property. (The particular analyses involved \\ill detennine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Nonnally, but DOt always. BOD and suspended solids analyses are obtained &om twenty-four (24) hour composites of all outfalls whereas pHs are detennined &om periodic grab samples.) L. Special Arrangements. No statement contained in this Ordinance shaJl be construed as preventing any special agreement or amngement between the District and any industrial concern whereby an industrial wa.~e ofunusuaJ strength or character may be accepted by the District for treatment, when acceptance by the District will aid in treabnent at the sewage treatment plant, subject to payment of an additional charge for treatment of these wastes by the industrial concern. M. Special Arrangements - Dctennination of Acceptability. ]n forming the opinion as to the acceptability of the wa.~es enumerated in Section 6.S. paragraph E., the District will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treabnent plant. degree of treatability of wastes in the sewage treabnent plant, and other pertinent factors. N. National Categorical Pretreatment Standards. Upon promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the FederaJ Standard, 38 .~ ---_._-----~-_... --..~ _.- 12C ~ if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this Ordinance. The District shall notify all affected Users of the applicable reporting requirements under 40 CFR. Section 403.12, as amended from Ûn1e to time. O. Alternative Discharge Limits. The User(s) shall have the right to seek. at their expense, modified Categorical Pretreatment Standards by obtaining a removal allowance, using the combined wastestream fonnula, andlor obtaining a fundamentally different factor variance through the procedures outlined in 40 CFR, Part 403, as amended from time to time. P. State Requirements. State requirements and limitations on dischar¡es shall apply in any case where they are more stringent than Federal requirements and limitations or those in this Ordinance. Q. County's and District's Right of Revision. The County and District reserves the right to establish by ordinance more stringent limitations or requirements on dischar¡es to the wastewater disposal system if deemed necessary to comply with the objectives of this Ordinance. R. Excessive Discharge. No User shall ever increase the use of process water or. in any way attempt to dilute a discharge as a partial or complete subsiiMe for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the County, District or State. S. Pretreatment Standards. 1. Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wasteWater to a level acceptable to the District shall be designed. constnJCted. operated. and maintained by the User at his expense with the prior approval of the District. 2. All records relating to compliance with the referenced pretreatment Standards shall be made available to the County, District, the State and the EPA for examination and duplication upon request at no charge. T. Slug Discharges. 1. Each User shall provide the District protection from slug dischar¡e of prohibited materials or other substances regulated by this Ordinance. Facilities to prevent slug discharge of prohibited materials shall be provided and maintained at the Owner's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the District for review, and shall be approved by the District before construction of the facility. Expenses for such review shalll'C borne by the User and paid prior to final approval for construction. All existing Users shall complete such a plan within one (1) year of the issuance of an Effluent Pcnnit. No User who commences contribution to the POTW after the etTective date of this Ordinance shall be 39 , I Y ! í I ¡ J ! I !2C b permitted to introduce pollutants into the system until slug discharge procedures have been approved by the District. Review and approval of such plans and operating procedures shall not relieve the Industrial User from the responsibility to modify the User's facility as necessary to meet the requirements of this Ordinance. In the case ofa slug discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. This notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. 2. Within five (5) days following a slug discharge, the User shall submit to the District a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occum:nces. Such notification shall not relieve the user of any expense, loss. damage, or other liability which may be incurred as a result of damage to the POTW, fish kills. or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Ordinance or other applicable law. 3. A notice shall be permanently placed on the User's bulletin board or other prominent place advising employees whom to caU in the event ofa dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. U. Reasonable Service Conditions. I. The District reserves the right to refuse to provide, or to cease providing. water or wastewater service to any connector for reasons which shall include, but shall DOt be limited to, use of water or contribution of wastewater in such manner or form as to be injurious or detrimental to the general welfare of its customers or the community. The District may require that pretreatment flow regulations. or other remedial, preventive, or corrective facilities be installed at the expense of the connector, when the situation so warrants the provision and use of such facilities. 2. The District shall have the authority to halt or eliminate immediately and effectively, upon notice to the User in accordance with Section 6.7., paragraph E of this Ordinance, any actual or threatened discharge of pollutants to the POTW which presents or may present an imminent or substantial endangerment to the health or welfare of persons. V. ~aseline Report. 1. Within 180 days after the effective date of a categorical Pretreatment Standard. all Industrial Users subject to Pretreatment Standards shall submit to the District. report containing the following information: (a) The name and address of the facility including the name of the operator and Owners; 40 e___...__,___ ¡ ¡ I I .~ ~ 12C Ó (b) A list of any envirorunental control pennits held by or for the facility; (c) A brief description of the nature, average rate of production and Standard Industrial Classification of the operations. This description shall include a schematic diagram of points of discharge to the POTW from regulated processes; (d) The measured maximum single day flow, peak one hour flow, and the average daily flow from each process stream. in gallons per day; (e) The Pretreatment Standards applicable to each regulated process. The User shall submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each process. These samples shall be representative of daily operations and include both maximum and average daily concentrations. Where feasible, samples must be obtained through flow proportional composite sampling techniques specified in the applicable Categorical Pretreatment Standard. Where compositè sampling is not feasible, a grab sample will be accepted. Where stream flow is less than or equal to 250,000 gallons per day, the user must take three samples within a two-week period. Where stream flow is greater than 250,000 gallons per day, the User must take six samples within a two-week period. Samples should be taken immediately downstream from pretreatment facilities if such exist, or immediately downstream from the regulated process if no pretreatment exists. Sampling and analysis shall be perfonned in accordance with the techniques presc:ribed in 40 CFR Part 136, or amendments thereto. Where 40 CFR Part 136 docs not contain sampling or analytical techniques for the pollutant in question, or where the Public Works Administrator detennines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be perfonned by using validated analytical methods, as approved by the District and the Administrator. The District may allow the submission of a baseline report v.1ùch utilizes only historical data if the data provides infonnation sufficient to detennine the need for pretreatment measures. The baseline report shall indicate the time, date, and place of sampling and methods of analysis and shall certify that such sampling and analysis is representative of nonnal work cycles and expected pollutant discharges to the POTW; and (f) A statement reviewed and signed by an authorized representative of the Industrial User and certified to by a qualified professional engineer indicating whether Pretreatment Standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or 41 ~- l 1---"---'" p--...-.- -- -_....~ - - 12C ó additional pretreatment is required or the industrial user to meet the Pretreatment Standards and Requirements. W. Compliance Schedule. The District shall require Industrial Users to develop compliance schedules required to meet Pretreatment Sl.1ndards. The proposed compliance schedule shall be submitted to the District for review and approval. This schedule shall be the time limits required for industrial users to provide additional pretreatment and/or operation and maintenance in order to meet these Pretreatment Standards. The completion date of this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. The schedule shall contain increments of progress in the form of specific dates for completion of major events leading to the construction and operation ofrequircd pretreatment facilities necessary for the Industrial User to meet the applicable Pretreatment Standards. No increment of such schedule shall exceed nine (9) months. No later than 14 days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the District including whether or not it complied with the increments of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay and measures being taken to return to the schedule established. X. Compliance Date Report. An Industrial User subject to the National Categorical Pretreatment Standards and associated Pretreatment Requirements will submit to the District within nincty (90) days following the date for final compliance with said Pretreatment Standards and Requirements, or in the case of a new COMec:tor following commencement of wastewater discharge to the POTW, a report indicating the nature and concentration. as well as the maximum single day, peak one hour and average daily flow, of all pollutants limited by said Pretreatment Standards and associated Pretreatment Requirements being discharged to the POTW. This report will indicate whether the applicable Pretreatment Standards and Requirements arc being met on a consistent basis, and if not, what additional operation and maintenance procedures and/or pretreatment will be implemented to bring the user into compliance with the applicable National Categorical Pretreatment Sl.1ndards and associated Pretreatment Requirements. This statement shall be signed by an authorized representative of the industrial user and shall be certified by a qualified engineering professional. Y. Periodic Compliance Reports. I. A User subject to the National Categorical Pretreatment Standards and associated Pretreatment Requirements will submit to the District during the months of June and December, unless required more frequently in said Pretreatment Standards or by the District, a report indicating the nature and concentration of pollutants in the effluent which are limited by the referenced Pretreatment Standards. In addition, this report will include a record of the maximwn single day and average daily flows being discharged during the reporting period. At the discretion of the District and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the District may decide to alter the months durinl which the compliance reports arc to be submitted by a particular User. These 42 12C 6 reports shall be signed by an authorized representative of the industriaJ user prior to submittal. 2. The District may impose quantum limitations on Users in order to meet the applicable National Categorical Pretreatment Standards and associated Pretreatment Requirements, or in other cases where the imposition of quantum limitations are appropriate. In such cases, the compliance report required by subparagraph 1 ofthi! Paragraph will indicate the quantity of pollutants regulated by said Pretreatment Standards to be discharged by the user. These reports will contain the results of sampling and analyses of the discharge, and will iDclude a record of the flow, nature and concentration, or quantity in pounds where requested by the District of pollutants contained therein wroch are limited by the applicable Pretreatment Standards and associated Pretreatment Requirements. The frequency of monitoring will be prescribed in the referenced Pretreatment Standards. All analyses will be peñonned in accordance with the procedures established by the Administrator pursuant to Section 304(g) of the Clean Water Act and contained in 40 CFR., Part 136 and amendments thereto or with any other test procedures approved by the Admirùstrator. Sampling will be perfonned in accordance with the techniques approved by the Administrator. It shc-uld be noted that where 40 CFR, Part 136 does not include a sampling or analytical tI'.chnique for the pollutant in question, sampling and analyses will be peñonned in accordance with the procedures set forth in the EP A publication entitled "Sampling and AnaJysis Procedures for Screening ofIndustriaJ Effluents for Priority Pollutants" dated April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator. §&. Monitoring and Inspection. A. Monitoring Facilities. The District shall require construction, operation and maintenance, at the User's expense, of monitoring facilities to allow inspection of the building sewer and/or internal drainage systems, and sampling and flow measurement of the waste being discharged to the POTW. Appropriate vaJving shall be included in design and construction of such facilities to halt discharges immediately and effectively under situations described by Section 6.5, paragraphs H and I. The monitoring facility should nonnally be situated on the User's premises, but the District may, when such a location would be impractical or cause undue hardship to the User, allow the facility to be constructed in the public right-of-way and located so that it will not be obstructed by landscaping or parked vehicles. Ample room shall be provided in the area of such sampling manhole or facility to allow accurate sampling and preparation of samples for analyses. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the User. Whether constructed on public or private property, the sampling and monitoring facilities shall be constructed in accordance with the District requirements and all applicable local construction standards and specifications. 43 12C 6 B. Inspection and Sampling. The District shall inspect the facilities of any User to ascertain whether the purpose of this Ordinance is being met and that all requirements are being complied with. Persons or occupants of the premises where wastewater is being generated and discharged to the POTW will allow the representatives of the District, the State or the EPA ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and records duplication or in the performance of any of their designated duties. Collier County, Di!ltrict. the State and the EPA shall have the right to set up on the User's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. In those cases where a User has security measures in force which would require proper identification and clearance before entry into their premises. the User shall make necessary arrangements with their security guards so that upon presentation of suitable identification, pmonnel from Co\1ier County, District. the State and the EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. C. Powers and Authority oflnspectors. I. Duly authorized employees of the County or District bearing proper credentials and identification shall be admitted to all properties for the purpose of inspection, observation, measurement. sampling and testing pertinent to discharge to the sewer system in accordance with the provisions of this Ordinance. 2. While performing the necessary work on private properties referred to herein. the authorized employees of the District shall observe all safety rules applicable to the premises established by the Owner. 3. Duly authorized employees of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds an casement for the purpose of, but not limited to, inspection, observation, measurement. sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved,b§.1. Violations. A. Penalties. I. If any person fails or refuses to obey or comply with or violates any or the provisions of this Section Six. such person upon conviction of such offense, shall be guilty ofa misdemeanor and shall be punished by a fine not to exceed Two Thousand Dollars (S2,OOO) or by imprisonment not to exceed sixty (60) days in the County jail, or both. in the discretion of the Court. Each violation or non- compliance shall be considered a separate and distinct offense. Further, eacb day of continued violation or non-compliance shall be considered as a separate offense. 2. Nothing herein contained shall prevent or restrict the County or District from taking such other lawful action in any court of competent jurisdiction as is 44 f ¡ l t i i' f [ ,. , ,; ~ 45 12C 6 necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shaB include, but shnB not be limited to, an equitable action for injunctive relief or an action at law for damages. 3. Further, nothing in this Ordinance shall be construed to prohibit the County ftom prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162. Florida Statutes. 4. All remedies and penalties provided for in tJùs Section shall be cumulative and independently available to the County and District and the County and District shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. B. Authority to Disconnect Service. I. The District may lenninate water and wastewater disposal services and disconnect a User from the system when: (a) Acids or chemicals damaging to sewer lines or the treatment process are released into the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater; or (b) A governmental agency informs the District that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge inlo a watercourse, and it is found that the User is delivering wastewater to the District's system that cannot be sufficiently treated or requires treatment that is not provided by the District as normal domestic treatment; or (c) The User: (i) Discharges industrial waste or wastewater that is in violation of the permit issued by the approving authority; (ii) Discharges wastewater at an uncontrollable, variable rate insufficient quantity to cause an imbalance in the wastewater treatment systems; (iii) Fails to pay a monthly bill for water or sanitary sewer services when due; or (iv) Repeats a discharge of prohibited wastes into public sewer. C. Suspension of Service. 1. The District may suspend the wastewater treatment service andlor effluent permit when such suspension is necessary, in the opinion of the District. in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare ofpcrsons, to the environment. causes interference to the POTW or causes the District to violate any condition of its NPDES Permit. 2. Any person notified of a suspension of the wastewater treatment service and/or the emuent permit shall immediately stop or eliminate the contribution. In the ~ ì I f s ~ ~ i I , ¡ 12C 6 event of a failure of lhe person to comply voluntarily wilh the suspension order, the District shall take such steps as deemed necessary including initiation of legal action by lhe County Attorney and immediate severance of the sewer connection. to prevent or minimize damage to the POTW system or endangennent to any individuals. The District shall reinstate the effluent pennit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written sbltement submitted by the User descn'bing the causes of the harmful contribution and the measures taken to prevent future occ:urrenc:e shall be submitted to the District within I S calendar days of the date of occ:urrence. D. Revocation of Penn it. I. Any User who violates the following conditions of this Ordinance or applicable State and Federal regulations. is subject to having his permit revoked in accordance wilh the procedures of Section 6.7, paragraph E of this Ordinance: (a) Failure of a User to report factually the wastewater constituents and characteristics of his discharge. (b) Failure of the User to report significant changes in operations, or wastewater constituents and characteristics. ¡ ~: ¡ ~ ¡ ~ f ~ ( I f , ¡ ¡ , ~ I £ I ~ I , ¡ f ¡ ~ ~ I ~ (c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring. (d) Violation of conditions of lhe permit E. Noticc of Disconnection, Suspension, Revocation. The District shall DOtify User in writing prior to disconnecting, spending or revoking User's service or permit Said noticc \I\oil1 inform User of the sections of this Ordinance he is violating, state what corrective action must be taken, and state the time period necessary for said corrective action. Failure to comply with the notice will result in discoMecting, suspending or revoking User's service or permit However. District may disconnect, suspend or revoke User's servicc or pcnnit prior to notiñcation in emergency situations. User will be notified immediately after said action is taken. §.t. Confidential Information. A. Confidential Information. I. Information and data on a User obtained from reports, questionnaires, permit applications, permits and monitoring programs and inspections shall be available to the public or olher governmental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the District and County that the information is not public record and is clearly within an exemption outlined in the public record laws of the State of Florida. 2. When requested by the User furnishing a report. the portions of said report which might disclose trade secrets or secret processes shall not be made availablc for inspection by the public. but shall be made available upoo written request to the governmental agencies for uses related to this Section. the State disposal permitting system and/or the State and Federal pretreatment programs; provided, 46 I I f 12C 6 however, that such portions of a report shall be available for use by the State or other State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. B. Notwithstanding any of the provisions of this Subsection, nothing shall be construed or interpreted to require Collier County or the District to violate any public records la\\5 of the State of Florida, allowing public access to records of Collier County and the District, nor shall it require Collier County or the District to violate any United States Government or Federal act or law, requiring disclosure of public records. Any release of information or disclosure made by the COWlty or District in order to comply with such Jaws should not give rise to a cause by any User, based on the release of such information. 2,,2. Service Charges and Fees A. Purpose. It is the purpose of this Section to provide for the recovery of costs from User.¡ of the District's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth by Resolution of the Collier County Board of County Commissioners as the governing body of Collier County, Florida. and as ex-officio the governing board of the District. B. Service Charges. It is hereby determined necessary to fix and collect sewer service charges from customers. These service charges shall be published separate from this Ordinance and the revenue received shaH be used for operation, maintenance, debt retirement and other authorized expenses. C. Charges and Fees. I . The District may adopt charges and fees which may include: (a) Fees for reimbursement of costs of seuing up and operating the District's pretreatment program; (b) Fee for monitoring, inspection and surveillance procedures; (c) Fees for reviewing accidental discharge procedures and construcûon; (d) Fees for pennit applications; (e) FC"'.S for filing appeals; (f) Fees for consistent removal (by the District) of pollutants otherwise subject to Federal Pretreatment Standards; (g) Amount of effluent bond; (h) Fees for special arrangements; and (i) Other fees as the District may deem necessary to carry out the requirements contained herein. (j) These fees relate solely to the maUers covered by this Section and are separate from all other fees chargeable by the District SECTION SEVEN, Pen.ltiCJI Unless another penalty is specifically provided for, any person who violates any section or provision of this Ordinance shall be prosecuted and punished as provided by Section 125.69, 47 12C 6 Florida Statutes. Each day the violation continues shall constitute a separate offense. Additionally, the Board may bring suit for damages or to restrain, enjoin or otherwise prevent the violation of this Ordinance in the Circuit Court of Collier County. SECTION EIGHT. Cllnmct .nd Sevenhllltv, The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. Ifnay section, phrase, sentence or portion of this Ordinance is for any reason 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 portions thereof. SECTION NINE. Reo"lorOrdlnances. Collier County Ordinance Numbers 74-28, 75-5, 75-20, 76-38, 77-9, 77-19, 77-44, 77-57, , 77-58,79-3,79-25,79-103,80-43,82-38,83-38,83-39, 83-40, 83-49, 84-35, 84-62,85-19,85- 47,85-49,85-69,85-81,86-67,86-73,87-28,87-46, 88-4, 88-34, 89-2, 89-80, 91-69, 91-80, 92- 26,92-64, 93-30, 95-70, 95-72 and 96-7 are hereby repealed and superseded in their entirety. SECTION TEN. In elusion In the Code nfL.ws .nd Ordln.nces, 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. SECTION ELEVEN. Effective Dat!" Thi!: Ordinance shall become effective upon being filed with the Department of SUIte. r ASSED AND DULY adopted by the Board of County Commissioners this day of ,1997. A TIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, CHAIRMAN Approved as to fonn and legal sufficiency: David C. Weigel County Attorney 48 12C 6 ORDINANCE NO. 97-_ AN ORDINANCE TO BE KNOWN AS THE UNIFORM UTILITY OPERATING AND REGULATORY STANDARDS. PROCEDURES AND MONTHL Y BILLING SCHEDULE ORDINANCE: RE-EST ABLISHING THE MARCO WATER AND SEWER DISTRICT; DESCRIBING THE BOUNDARIES OF THE MARCO WATER AND SEWER DISTRICT; PROVIDING FOR THE MARCO WATER AND SEWER DISTRICT TO SUCCEED EXISTING DISTRICT; PROVIDING POWERS OF THE MARCO WATER AND SEVi'ER DISTRICT; PROVIDING FOR ASSESSMENTS OF THE MARCO WATER AND SEWER DISTRICT; PROVIDING LEGISLATIVE INTENT FOR THE CREATION AND RE-EST ABLISHMENT OF THE MARCO WATER AND SEWER DISTRICT; PROVIDING FOR THE RE·EST ABLISHMENT OF THE GOODLAND WATER DISTRICT; DESCRIBING THE AREA WITHIN THE GOOD LAND WATER DISTRICT; PROVIDING FOR POWERS OF THE GOODLAND WATER DISTRICT; PROVIDING ASSESSMENTS OF THE GOODLAND WATER DISTRICT; PROVIDfNG FOR THE GOODLAND WATER DISTRICT TO SUCCEED EXISTING DISTRICT; PROVIDE FOR LEGISLATIVE INTENT OF THE GOODLAND WATER DISTRICT; PROVIDING FOR RATES. FEES AND CHARGES AND REGULATIONS OF THE COLLIER COUNTY WATER- SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT AND THE GOODLAND WATER DISTRICT; PROVIDING THE MONTHLY USER FEES FOR RESIDENTIAL A1'f1) NON-RESIDENTIAL PROPERTIES IN THE COLLIER COUNTY WATER-SEWER DISTRICT AS FOLLOWS: I. Water (a) Service Availability Charge: (i) Individually Metered Residential, Non-Residential and Irrigation: 5/8 and 3/4 inch meter $ 12.00 per month I inch meter $ 24.00 per month I Yo inch meter S 36.00 per month 1 Yz inch meter S 44.00 per month 2 inch meter S 69.00 per month 3 inch meter S 134.00 per month 4 inch meter $ 207.00 per month 6 inch meter $ 411.00 per month 8 inch meter $ 737.00 per month (ii) Multi-family ResidentiaJ Property (master metered) First dwelling unit $ 12.00 per month Each additional dwelling unit S 8.20 per month (b) Volume Charge Per 1,000 Gallons: (i) Residential and Multi-family (no separate meter for irrigation): I - 10,000 gallons $ 1.45 10,000 . 20,000 gallons $ 1.82 Above 20,000 gallons $ 2.28 (ii) Non-residential (no separate meter for irrigation): First block $ 1.45 In excess of first block $ 2.05 Non-residential First Block Usage Threshold: 5/8 and 3/4 inch meter 10,000 gallons I inch meter 25,000 gallons I Yo inch meter 40,000 gallons I Yz inch meter 50,000 gallons 2 inch meter 80,000 gallons 3 inch meter 160,000 gaJlons 4 inch meter 250,000 gallons 6 inch metcr 500,000 gallons 8 inch meter 900,000 gallons 1 12C 6 (iii) Residential or Non-residential Irrigation (separately metered): All usage $2.05 2. Sewer (a) Service Availability Charge: (i) Individually Metered Residenlial and Non-Residential Property: 5/8 and 3/4 inch meler $ 17.00 per monlh 1 inch meter $ 35,00 per monlh I Yo inch meter $ 53.00 per monlh 1 Y3 inch meter $ 65.00 per monlh 2 inch meter $ 101.00 per monlh 3 inch meter $ 197.00 per month 4 inch meter $ 305.00 per month 6 inch meter $ 606.00 per month 8 inch meter $1,087.00 per monlh (ii) Multi-family (master metered) First dwelling unit $17.00 Each additional dwelling unit $12.00 (b) Volume Charge: (i) Per 1,000 gallons $ 1.96 (ii) ResidentiaJ Maximum: The maximum volumetric charge for residential property shall be 10,000 gaJlon per dwelling unit. 3. Dedicated Fire Systems (a) Fire Meter (i) Fire Service meter size will refer to Ihe largest diameter meter instaJled for fire protection. (ii) Fire Service meter COMCCtions that provide domestic or other water usage as evidenced by regular monthly detected usage shall be billed according to regular water monthly availability and usage charges as described herein. (b) Volume Charge: (i) Per 1,000 gallons $1.45 PROVIDING MONTHLY USER FEES FOR RESIDENllAL AND NON- RESIDENTIAL PROPERTIES IN 'IRE MARCO WATER AND SEWER DISTRICT AS FOLLOWS: I. Sewer (a) Residential (i) Single family residence'!, multi-family residences, apartment residences, mobile home residences, Each one bath living unit Each additionaJ bath per living unit (b) Non-Residential. Each facility shall be billed based upon the total of the following units contained therein. (i) Hotel, motel and trailer rental units: Each unit (ii) Commercial, office, institutional, recreational and industrial toilet units (not to include industrial waste) (Institutional shall include but not be limited to churches, Property owners, association facilities, government service facilities, rllC stations and schools); Each toilet unit $36.95 per month (iii) Commercial and coin laundry washer units; Each washer unit $18.50 per monlh $20.80 per month $ 4.60 per month $IO.lS per month 2 ",-"~"" ,~~~'.." .",~... 12C 6 (iv) Restaurant and lounge seating units; Each seating unit $ 3.25 per month Wastewater Adjustment Clause: [ New FWSC Volume Rate ($/Mgal). Old Volume Rate) x 3,6" $Adj. Residential w/ Single 8ath 1.0000 x $Adj." Amt. to add to existing rate. Residential· Additional 8ath 0.2222 x $Adj." Amt. to add to existing rate. HotellMotel per unit 0.4889 x $Adj... Amt. to add to existing rate. Commercial 1.7778 x $Adj... Amt to add to existing rate. Coin Laundry per unit 0.8889 x $Adj... Amt. to add to existing rate. Restaurant per seat 0.1556 x $Adj... AmI. to add to existing rate. PROVIDING MONTIIL Y USER FEES FOR RESIDENTIAL AND NON- RESIDENTIAL PROPERTIES IN THE GOODLAND WATER DISTRICT AS FOLLOWS: I. Water (a) Ser\;ce Availability Charge: * inch meter $ 16.00 per month I inch meter $ 37.00 per month I ~ inch meter $ 72.00 per month 2 inch meter S 114.00 per month 3 inch meter $ 226.00 per month 4 inch meter S 351.00 per month 6 inch meter $ 701.00 per month 8 inch meter $1,259.00 per month (b) Volume Charge per one thousand gallons (S/Mgal) of usage: All usage $3.92 I MgaJ Purchased Waler Adjustment Clause: [New FWSC Volume Charge - Old FWSC Volume Charge] .. Adder 0.78 Existing Goodland $/Mgal + Adder .. New Goodland $/Mgal factor is needed to adjust for unaccounted for water and the change in the monthly fixed charged .&om FWSC. PROVIDING OTHER CHARGES OF THE COLLIER COUNTY WATER-SEWER DISTRICT, mE MARCO WATER AND SEWER DISTRICT AND TIlE GOODLAND WATER DISTRICT FOR INSTALLATION, TEMPORARY METERS, USER FEES, LATE PAYMENT FEES AND TIlE FOLLOWING CHARGES: J. Meter Size 3/4" Meter Tapping Charge $260,00 $350.00 $500.00 $600.00 I" 1Yz" 2" 2. The follo\\;ng list of charges is established for user services: New Accounts $ 20.00 Meter Removal or Lock $ 50,00 Tum On After Hours $ 50.00 Meter Rcmoval or Lock After Hours $100.00 Meter Initial Re-Read S 20.00 Meter Testl2nd Re-Read S 35.00 Non-Emergency Shut Offs $ 50.00 Account Reinstatement (less than or equal to 15 days) Account Reinstatement (greater than 15 days) S 30.00 (plus full payment and delinquency fees) $ 50.00 ( plus full pa)"Inent and delinquency fees) 3 t 12C 6 3. Effluent irrigation usage in eath District shall be at the following schedule: (a) Service Availability Charge: (i) Individually Metered Irrigation: 5/8 and Y. inch meter I inch meter I Ya inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter 10 inch meter 12 inch meter (b) Volume Charge Per 1,000 Gallons: Full Service Reuse Master Metered Bulk Service Reuse $ 7,00 $ 14.00 $ 25.00 $ 39.00 $ 75.00 $115.00 $227.00 $407.00 $542.00 $721.00 $ 0.52 $ 0.20 PROVIDING REGULATIONS FOR APPLICATION FOR SERVICE TO THE COLLIER COUNTY WATER-SEWER DISTRICT, TIlE MARCO WATER AND SEWER DISTRICT AND TIŒ OOODLAND WATER DISTRICT; PROVIDING LIMITATIONS OF USE, CONTINUITY OF SERVICE INCLUDING BILLING DISPUTES AND STANDARDS OF SERVICE. MAINTENANCE AND REPAIR; PROVIDING FOR PROPERTY OWNER'S LIABILITY FOR DAMAGE TO EQUIPMENT; PROVIDING FOR SECURITY DEPOSITS ON WATER AND SEWER ACCOUNTS; PROVIDING FOR PROPERTY OWNER'S RESPONSIBILITY FOR WATER SERVICE AND BAD DEBTS; PROVIDING FOR DATES BILLS ARE DUE AND DELINQUENT; DISCONTINUANCE OF SERVICE FOR NON-PAYMENT; PROVIDING FOR REINSTATEMENT FOLLOWING DISCONTINUED SERVICE; PROVIDING FOR BILLING PAYMENT WHEN METER BECOMES DEFECTIVE; RIGHT OF ENTRy OF AUTHORIZED AGENTS OR EMPLOYEES; PROVIDING FOR WATER BILL COMPLAINTS; PROVIDING FOR METERS, tOCA TION AND CHARGE FOR MOVING; PROVIDING FOR REQUIRED CONNECTIONS TO WATER AND SEWER SYSTEMS; PROVIDING FOR EXCEPTIONS TO CONNECTIONS; PROVIDING FOR CONNECTIONS TO BE MADE BY TIlE COLLIER COUNTY WATER-SEWER DISTRICT, TIlE MARCO WATER AND SEWER DISTRICT OR mE OOODLAND WATER DlSTRJCT; PROVIDING FOR UNLA WFUL CONNECTIONS PROHIBITED; PROVIDING FOR F AlLURE TO MAlNT AIN PLUMBING SYSTEM; PROVIDING FOR UNPAID FEES TO CONSTITI1TE A LIEN; PROVIDING FOR NO FREE SERVICE; PROVIDING FOR SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT; PROVIDING FOR LAWN SPRINKLING REGULATIONS; PROVIDING FOR HARDS HI PN ARlANCE PROCEDURE TO LA WN SPRINKLING REGULA TIONS; PROVIDING EXCEPTIONS TO LAWN SPRINKLING REGULATIONS; SE1TING FORm THE CITY OF NAPLES SERVICE AREA AND PROCEDURE TO EXTEND EXISTING DISTRIBUTION WATER MAINs INTO TIm COLLIER COUNTY WATER-SEWER DISTRICT, MARCO WATER AND SEWER DlSTRJCT OR THE GOODLAND WATER DISTFJCT; PROVIDING SEWER USE RESTRICTIONS WITHIN THE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT AND THE OOODLAND WATER DISTRICT; PROVIDING FOR SUPPLEMENTAL SERVICE CHARGES FOR DISCHARGE OF WASTES; PROVIDING FOR RULES AND REGULATIONS RELATING TO TIm DISCHARGE OF INDUSTIUAL WASTE; PROVIDING FOR EFFLUENT QUALITY BOND; PROVIDING FOR THE USE OF PUBLIC W ASTEW A TER SYSTEM; PROVIDING FOR THE PROHlBmONS OF GENERAL W ASTEW A TER DISCHARGES; PROVIDING FOR MA.XIMuM WASTEWATER CONCENTRATIONS ALLOWED; PROVIDING FOR APPROVAL AND MAINTENANCE OF PRETREATMENT FACILmES; 4 12C 6 PROVIDING FOR USE OF INTERCEPTORS AND CONTROL MANHOLES: PROVIDING FOR MEASUREMENTS AND TESTS: PROVIDING FOR SPECIAL ARRANGEMENTS AND DETERMINA nON OF ACCEPTABILITY; PROVIDING FOR NATIONAL CATEGORICAL PRETREATMENT STANDARDS; PROVIDING FOR AL TERNA TIVE DISCHARGE LIMITS; PROVIDING FOR STATE REQUIREMENTS, PROVIDING FOR RIGHT OF COUNTY AND DISTRICT TO ESTABLISH MORE STRINGENT REQUIREMENTS; PROVIDING FOR EXCESSIVE DISCHARGE; PROVIDING FOR PRETREATMENT STANDARDS; PROVIDING FOR SLUG DISCHARGES; PROVIDING FOR REASONABLE SERVICE CONDITIONS; PROVIDING BASELINE REPORT; PROVIDING COMPLIANCE SCHEDULE, COMPLIANCE REPORT AND PERIODIC COMPLIANCE REPORTS; PROVIDING FOR MONITORING AND INSPECTIONS; PROVIDING FOR PENAL TIES, VIOLATIONS, DISCONNECT OF SERVICE, SUSPENSION OF SERVICE, REVOCATION OF PERMIT: PROVIDING FOR SERVICE CHARGES AND FEES; PROVIDING FOR PENAL TIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY; PROVIDING FOR THE REPEAL OF COLLIER COUNTY ORDINANCES NOS. 74-28, 75-5, 75-20, 76- 38, 77-9, 77-19, 77-44, 77-57, 77-58, 79-3, 79-25, 79-103, 80-43, 82-38, 83-38, 83-39,83-40,83-49,84-35,84-62,85-19,85-47,85-49. 85-69, 85-81, 86-67, 86- 73,87-28,87-46,88-4,88-34,89-2,89-80,91_69,91_80, 92-26, 92-64, 93-30,95- 70,95-72, AND 96-7; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there are currently ~ separate districts providing water, sewer, and/or effluent irrigation service to the residents of Collier County, Florida; and WHEREAS, the three districts are the Collier County Water-Sewer District, the Marco Water and Sewer District and the Goodland Water District: and WHEREAS, the Board of County Commissioners of Collier County, Florida is the Ex- Officio Governing Board of all three districts: and WHEREAS, the Collier County staff is utilized by each district to perform the day-to-day operations involved in operating and maintaining the district's facilities and providing district services: and WHEREAS, each district adopted district operating standards, procedures and fee schedules which. at times, conflict v.ith or are different than the operating standards, procedures and fee schedules of the other districts; and WHEREAS, uniform operating standards, procedures and fee schedules, where justified, are in the best interest of the districts and residents served by the districts; and WHEREAS, this Ordinance establishes uniform standards and procedures to enable the more efficient administration of district services; and WHEREAS, Collier County has adopted several ordinances which apply to the provision of utility services by the districts and other private water and sewer utility systems: and WHEREAS, the combination of these ordinances into a single comprehensive ordinance wiIl provide a simplified and more efficient mechanism for water and sewer utility systems and for the residents of Collier County to understand the regulations applicable to water and sewer utilities; and 5 I 12C ó WHEREAS. this Ordinance is partially intended to be a codification of existing County ordinances into a single comprehensive ordinance; and WHEREAS, this codification is not intended to revoke or rescind any actions previously taken by a district. The diSirict shall be treated as if it has always been in continuous existence from the date it was originally established despitc the repeal of the original enabling ordinance establishing the diSirict by this ordinance for codification purposes. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ¡hat: SEcrION ONE. Reo-Establishment of M.~o Water aDd Sewer District. Ll.. Definitions. As used in this Section One, the following words and teons shall have the following meanings, unless some other meaning is plainJy intended: A. "Act" shall mean Chapter I 53, Part II, and Chapter 125, Florida Statutes. B. "Board" shall mean the Board of County Commissioners of the County. C. "Bonds" shall mean the obligations issued by the Marco Water and Sewer District under the provisions of the Act, the enabling ordinance and this Ordinance to pay the coSi of project or combination of one or more projects and payable from revenues derived from the operation of the utility system, or proceeds of special assessments levied against properties specially benefited by a project or any other special funds authorized to be pledged as additional security therefor under the provisions of the Act, or payable from any combination of such revenues, assessments or other funds. D. "CoSi" shall have the same meaning as such term is defined in the Act. E. "County" shall mean Collier County, Florida. F. "District" shall mean the Marco Watcr and Sewer District hereby re-created. G. "Project" shall include all property and rights, easements and franchises relating thereto and deemed necessary or convenient for the construction or acquisition or the operation thereof, and shall include the acquisition or construction of any water system andlor sewer system as defined in the Act and any combination thereof, U· Re-Creation of the Marco Water and Sewer District. The following described unincorporated contiguous area of the County is hereby declared to comprise the Marco Water and Sewer District, to wit: All of Marco Island except the areas !moy,n as Old Marco Village and Goodland. The District shall be a body corporate and politic, having all the powers granted by the Act to a district created under the Act, and shall further have all the powers of a municipal S4:rvices taxing or benefit unit as authorized by Florida Statutes, Section 125.01 and Chapter 153, Part II, Florida Statutes. The Board of the County shall be the Ex-Officio Governing Board of the Marco Water and Sewer District. U. District to Succeed Existing District. All property, real and personal, rights, claims, franchise, licenses and other assets of every kind, and all liabilities and obligations of every kind, of the exiSiing water and sewer district comprising the area described in Subsection 1.2 ab<we or any part of said area are hereby 6 12C b vested in the District. which shall succeed such existing district: and such existing district is hereby abolished and re-created by this Ordinance. lA. District Powers. The District shall have all the powers of a district under the Act, including but \\ithout limitations. the power to acquire. construct, erect, equip, operate and maintain projects and finance the cost thereof with the proceeds of the bonds of the District. The District shaU further have all the powers of a Municipal Service Taxing or Benefit Unit as authorized by Florida Statutes Chapter 125. U. LegislatÍ\"C [ntent. The intent of this Section is to provide a means for financing the construction of water andlor sewer systems within the lands described within Subsection 1.2 of this Ordinance. For administrative convenience it is desired to accomplish these things through the creation of a district pursuant to Part 11, Chapter 153, Florida Statutes. In doing so, the Board recognizes the apparent conflict between Part II, Chapter 153, Florida Statutes, which provides certain procedures for the creation of a district including petition, public hearing and referendum. and Chapter 165, Florida Statutes. which provides that special districts may be created only by ordinance or special act and further provides that this shall be the exclusive method of creating special districts and that all general or special laws in conflict with said Chapter 189 are ineffective to the extent of such conflict. The Board further recognizes that Chapter 125, Florida Statutes, empowers the Board of County Commissioners to create districts for the provision of municipal services including water and sewer systems. and that Part I, Chapter 153, Florida Statutes contains a general grant of power to counties to do t~ things authorized therein. said powers being deemed supplemental and additional to the powers conferred by other laws. Accordingly, it is the consensus of the Board. and the Board does hereby declare, that if the re- creation of a district pursuant to Part 11, Chapter 153, Florida Statutes as ordained herein shall be declared by a court of competent jurisdiction to be null and void as being unlawfully created by ordinance, then this District shall be deemed created pursuant to Chapter 125, Florida Statutes. with all the powers as provided therein, supplemented by the powers granted counties pth"SUant to Part I, Chapter 153, Florida Statutes, and the lands described herein shall be known as the Marco Water and Sewer District by whatever authority created. and all acts and things done by the Board of County Commissioners as the Ex-Officio Governing Board of the Marco Water and Sewer District shall be deemed to be done pursuant to the authority granted by Part 11, Chapter 153, Florida Statutes or Chapter 125 Florida Statutes as may be appropriate. SECTION TWO. Re-Establisbment of Good land Water District. 2J.. Definitions. As used in this Section Two, the following words and tems shall have the following meanings, unless some other meaning is plainly intended: A. "Act" shall mean Chapter 125, Florida Statutes and Chapter 153, Part II, Florida Statutes. 7 .... -_.~_.-..-_...._-_._- _.-----.--.1 -_.._-~...... 12C b B, "Assessments" shall mean the proceeds to be derived from assessments to be levied against the lands and propenies to be specially benefited by the construction of any project. including interest on such assessments and any penalties thereon and moneys received upon the foreclosure of the liens of any such assessments. but excluding money recovered for the expense of collection of the assessments. C. "Board" shall mean the Board of County Commissioners of Collier County as Ex- Officio the Governing Board of the Goodland Water District. D. "Bonds" shall mean the obligations issued by the District under the provisions oflhis Section Two to pay the cost of a project or combination of one or more projects, the principal of and premium, if any, and interest on which shall be payable from the revenues derived from the operation of one or more projects, assessments, ad vaJorem taxes within the District only or any other funds of the District or of the County derived from sources other than ad valorem taxation and legally available for such purpose. E. "Cost". when used in connection with a project. shall mean all expenses necessary. appurtenant or incidental to the acquisition and construction of such project, including without limitation the cost of any land or interest therein or of any fixtures., equipment or personal property necessary or convenient therefore, the cost oflabor and materials to complete such construction, engineering and legal expenses, fiscal expenses for plans. specifications and surveys, interest during construction, administrative expenses related solely to the acquisition and construction of the project and all expenses incident to the financing of the project and the issuance of bonds therefore. F. "County" shall mean Collier County, Florida. G. "District" or "Good land Water District" shall mean the municipal services taxing and benefit district created hereby and comprising the area of the District described above. H. "Project" shall mean any Water System or any extension of or improvement thereof, or any combination thereof, and shall include all property and rights, easements and franchises relating thereto and deemed necessary or convenient for the acquisition. construction or operation thereof. I. "Water System" shall mean and include any system. facility, plant, or other property used or useful or having the present capacity for future use in connection with obtaining. purifying and supplying water for human consumption. fire protection. irrigation or consumption by business or industry and, without limiting the generality of the foregoing, shall embrace wells, reservoirs, tanks, pumps, pipes, mains and all necessary or convenient appurtenant equipment. U. Area of the Goodland Water District. The follo't\ing described unincorporated contiguous area of the County is hereby declared to comprise the District, to wit: All unplatted lands lying East of Westerly, North-South section line of Sections IS and 19, Township 52 South, Range 27 East and the platted lands lying in Goodland Isles., the First Addition and the Second Addition as recorded in Plat Dook 6, Page 7; Plat Book 8, Pages 1 and 2 and Plat Book 8, Page 19 8 respectively; and all lands lying in Goodland Heighu Amended and First Addition as recorded in Plat Book I, Page 85 and Plat Book 4, Page 18 respectively; and all lands lying in Pettit Subdivision as recorded in Plat Book 2, Page 88 of the Public Records of Collier County. Florida; all commonly known as Goodland. The District shall be a public body corporate and politic. The Board shall be Ex.officio the Governing Board of the District. U. District Powers. A. The District shall have and exercise all of the powers granted by or implied by the Act with respect to municipal services taxing and benefit uniu created under the Act. including without limitation the power to acquire, construct. erect, equip, operate and maintain projects and finance the cost thereof with the proceeds of Bonds of the District. which Bonds the District is hereby authorized to issue; to levy an ad valorem tax not to exceed ten (10) mills. special assessmenU and fees; to hold and dispose of real and personal property; and to employ and discharge employees and authorize them to enter upon private property and public property at reasonable times for inspections related to the operation of any project and otherwise perform their duties; to promulgate rules and regulations; and to do all other things necessary to convenient with respect to or reasonably implied by the foregoing. B. As supplemental or alternate authority to carry out the purpose of the District. the District shall have and exercise all the powers granted to water and sewer districts under Chapter 153, Part II, Florida Statutes. 4J,. District Assessments. A. The District may provide that the cost of any project or any part thereof be assessed against the lots and parcels of real property in the area of the District specially benefited by such project or part thereof and for the issuance of Bonds payable ftom such assessments and the District, in addition to, or conjunction with. the powers granted herein may proceed under the provisions of Chapter 170, Florida Statutes, as if the District were a municipality and the proposed project were one described in Section 170.01 of such Chapter, except as hereafter provided otherwise. B. Special assessments against properties deemed to be benefited by a project shall be assessed upon such properties in proponion to the benefits, determined and prorated on a flat rate basis (providing an equal assessment upon each lot or parcel assessed), or based on the respective areas of the properties assessed, or according to the front footage of the respective properties assessed or on such other basis as the Board may prescribe as being most equitable and fair under the circumstances. C. The Board may declare that any lSSCSsments may be made payable in not more than twenty (20) equal yearly installments, with interest on the unpaid balance thereof at a rate per annwn determined by the Board, to which, if DOt paid when due, there shall be added the penalty prescribed by such Chapter. D. Bonds payable from such assessments and any other Bonds issued hereunder shall bear interest at such rate or rates per annwn as shall be determined by the Board, payable 9 12C 6 annually or semiannually, shall mature at such time or times not exceeding forty (40) years from the dale of their issuance and shall be sold in such manner and at such price as Ihe Board may determine to be in the best interest of the District, but no such sale may be made at a price of less than ninety percent (90"10) of the par value of the Bonds. U. District to Succeed Existing District. All property, real and personal, rights, claims, franchise, licenses and other assets of every kind, and all liabilities and obligations of every kind, of the existing water district comprising the area described in Subsection 2.2 or any part of said area are hereby vested in the District, which shall succeed such existing district; and such existing district is hereby re- created. SECTION THREE. Dbtrict Rates. Fees. Charves and R~latioD' J..L Definitions. Unless specifically provided otherwise these definitions shall apply to this Section Three. (a) "District" shall collectively refer to as the Collier County Water-Sewer District, the Marco Water and Sewer District, and the Goodland Water District unless specifically provided herein. (b) "Equivalent Dwelling Unit" shaH mean the equivalent usage requirements of an average single-family residential connection, It is used as a factor to convert a given average daily water or wastewater requirement to the equivalent number of single-family residential connections. (c) "Service Availability Charge" shall mean a monthly charge per dwelling wùt or equivalent dwelling unit for residential and non-residential users with no usage included. (d) "Sewer Use" shall be defined as the connection of drains for aJl faucets and facilities on the property, where potable water is used in connection with sanitary purposes from the potable water system. Such usages shall include, but not be limited to, sinks. showers, bathtubs, commodes, urinals, bidets, dishwashers, washers. and other sucb facilities. "Sewer Use" shall specifically not include runoff water being allowed to enter the District Sanitary Sewer System. (e) "Use" - The term "Use" with respect to "Water Use" on the District's water system, which is a potable water system, shall mean the sole utilization of water from the District system through all fixtures and pipelines on the property except where a separate system is available solely for outside irrigation. Any such irrigation shall require an approved bac\dlow prevention device and a physical separation from the remaining potable water system. "Water Use" shall spccifiCldly include, but not be limited to, the flow of water to all sinks, dishwashers, commodes. urinals, showers, hot water heaters, washers, drinking water coolers and drinking water machines. Such facilities shall also drain to the District's sanitary sewer system, when: available, in conformance with other applicable sections of this Ordinance as well as other Ordinances adopted by Collier County. or applicable State and Federal laws, rules or regulations. 10 J 12C 6 U. Monthly Rates, Fees and Charges. Monthly rates, fees and charges for water, sewer, and/or effluent irrigation sen.ices provided by or made available by the District shall be sufficient to reco\'er system operation, maintenance, renewal enhancement, replacement and debt service costs and shall be proportionall)' distributed among system users and customers receiving the benefits as follo\\'5: A. Monthly user fees for the Collier County Water-Sewer District. Residential and non-residential properties within the boundaries of the Collier County Water-Sewer District shall pay the following rates, fees and charges for service provided by the Collier County Water-Sewer Districts: 1. Water (a) Service Availability Charge: (i) Individually Metered Residential. Non-Residential and Irrigation: S/8 and 3/4 inch meter I inch meter I V. inch meter 1 Y2 inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter $ 12.00 per month $ 24.00 per month $ 36.00 per month $ 44.00 per month $ 69.00 per month $134.00 per month $207.00 per month $411.00 per month $737.00 per month (ii) Multi-family Residential Property (master metered) First dwelling unit Each additional dwelling unit S 12.00 per month $ 8.20 per month (b) Volume Charge Per 1,000 Gallons: (i) Residential and Multi-family (no separate meter for irrigation): 1 - 10,000 gallons $1.45 10,000 - 20.000 gallons $1.82 Above 20,000 gallons $2.28 (ii) Non-residential (no separate meter for irrigation): First block $1.45 In excess of first block $2.05 Non-residential Fint Block Usage Threshold: 5/8 and 3/4 inch meter 10,000 gallons 1 inch meter 25,000 gallons 1 V. inch meter 40,000 gallons I \ií inch meter 50,000 gallons 2 inch meter 80,000 gallons 3 inch meter 160,000 gallons 4 inch meter 250,000 gallons 6 inch meter 500,000 gallons 8 inch meter 900,000 gallons 11 --- ..__a....._¡;r-- ~IP''''''' 12C 6 ' (iii) Residential or Non-residential Irrigation (separately metered): All usage $2.05 2. Sewer (a) Service Availability Charge: (i) Individually Metered Residential and Non-Residential Property: 5/8 and 3/4 inch meter 1 inch meter 1 Yo inch meter 1 ~ inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter S 17.00 per month $ 35.00 per month $ 53.00 per month $ 65.00 per month S 101.00 per month S 197.00 per month S 305.00 per month S 606.00 per month S 1 ,087.00 per month (ii) Multi-family (master metered) First dwelling unit Each additional dWl:lIing wüt $ 17.00 S 12.00 (b) Volume Charge: (i) Per 1,000 gallons $ 1.96 (ii) Residential Maximum: The maximum volumetric charge for residential property shall be 10,000 gallon per dwelling unit 3. Dedicated Fire Systems (a) Fire Meter (i) Fire Service meter size will refer to the lar¡est diameter meter installed for fll'C protection. (ii) Fire Service meter connections that provide domestic or other water usage as evidenced by regular monthly detected usage shall be billed according to regular water monthly availability and usage charges as described herein. (b) Volume Charge: (i) Per 1,000 gallons $1.45 B. Monthly user fees for the Marco Water and Sewer District. Residential and non-residential properties within the boundaries of the Marco Water and Sewer District shall pay rates. fees and charges for service provided by the Marco Water and Sewer District. The definitions set forth in Section One, Subsection One shan apply to this subsection. The rates of me Marco Water and Sewer District are as follows: I. Sewer (a) Residential 1 2 12C 6 ' (i) Single family residences, multi-family residences. apartment residences. mobile home residences. Each one bath living unit $20.80 Each additional bath per living unit $ 4.60 (b) Non-Residential. Each facility shall be billed based upon the total of the following units contained therein. (i) Hotel, motel and trailer rental units: Each unit $10.1 5 (ii) Commercial, office, institutional, recreational and industrial toilet units (not to include industrial waste). (Institutional shall include but not be limited to churches, Propert}' owners, association facilities, govemment service facilities, fire stations and schools); Each toilet unit $36.95 (iii) Commercial and coin laundry washer units; Each washer unit $18.50 (iv) Restaurant and lounge seating units; Each seating unit S 3.20 Wastewater Adjustment Clause: [New FWSC Volume Rate ($/Mgal) - Old Volume Rate] x 3.6" $Adj. Residential wI Single 8ath 1.0000 x SAdj... Amt. to add to existing rate. Residential - Additional 8ath 0.2222 x $Adj... Amt. to add to existing rate. Hotel/Motel per unit 0.4889 x SAdj.... Amt. to add to existing rate. Commercial 1.7778 x SAdj... Amt. to add to existing rate. Coin Laundry per unit 0.8889 x $Adj.... Amt. to add to existing rate. Restaurant per seat 0.1556 x SAdj.... Amt. to add to existing rate. Note: From time to time Florida Water Services Corporation (FWSC) is authorized 10 iDcre:asc water rates by the Collier County Water and Sewer Authority. This PWAC is desigDCd to automatically "pass-through" this increase, dollar·for-dollar. The new rates for Marco Water lad Sewer District should become effective the same month that FWSC incrtascs Ibc price of wholesale sewer to Marco Water and Sewer District. C. Monthly user fees for the Goodland Water District. 1. The rates for service shall be set forth herein. Said rates are hereby found to be fair and equitable and may be changed by ordinance amending the rate schedule. Rates charged to customers within the Goodland Water District shall be as follows: Service Availability Charge: Meter Size ';." I" I Vz" 2" 3" 4" 6" 8" Monthly Charges S 16.00 S 37.00 S 72.00 S 114,00 S 226.00 S 351.00 S 701.00 $1,259.00 t 3 12C 6 . Volume Charge per 1,000 Gallons: All Usage $3.92/ Mgal Purchased Water Adjustment Clause (PWAC): [New FWSC Volwne Charge. Old FWSC Volume Charge ] .. Adder 0.78 Existing Goodland $/Mgal + Adder .. New Goodland SIMp) factor is needed to adjust for \maCcounted for water and the change in the monthJy fixed charged &om FWSC. Note: From time to time Florida Water Scr\'ices Corporation (FWSC) is authorized to increase water rates by the Collier County Water and Sewer Authority. This PW AC is designed to automatically "pass-through" this increase, dollar-for-dollar. The new rates for Goodland Water District should become effective the same month that FWSC increases the price of wholesale water to Goodland Water District. U. District Rates, F~s and Charges other than MonthJy User Fees. A. Meter instaJlation charges to be paid to the District shall be as follows: I. Mcter Size Meter Tapping Charge 3/4" '" IW 2" S260.oo S350.oo $500.00 $600.00 The fees in this subsection are based upon meter installation for a typical single family residential street. In all other circumstances the meter installation fee shall be based upon the District's actual cost for time and materials. 2. For meters larger than two (2) inches, the materials and labor for installation of such meters shall be furnished by the developer in accordance with District requirements and specifications and dedicated to the District in accordance with County ordinances. at no cost to the District. 3. All meters two inches (2") or smaller will be installed by the District and shall remain the property of the District. 4. Meters must be left accessible to District employees at all times. S. When any property owner, who has a water meter, makes application to the District for the installation of a larger meter to replace a smaller meter, the property owner shall be given no credit for tapping charges paid on the smaller meter in accordance with the above schedule. There shall be no refunds or credits given to any property 0\\'11CT requesting a smaller meter. B. Temporary Meters. I. Temporary meters may be installed and removed by the District. The fee for such installation and removal shall be based upon the District's actual costs for time and materials. 2. The temporary meter charge for service shall be based upon the non-residential monthly availability and volume charges. I 4 12C 6 C. The following list of charges is established for user services: I. New Accounts S 20,00 2. Meter Removal or Lock S 50.00 3. Turn On After Hours S 50.00 4. Meter Removal or Lock After Hours S I 00.00 5, Meter Initial Re-Read $ 20.00 6, MeIer Testl2nd Re-Read S 35.00 7. Non-Emergency Shut Offs S 50.00 8. Account Reinstatement (less than or equal to IS days) $ 30.00 (plus fun payment and delinquency fees) 9. Account Reinstatement $ 50.00 (plus full payment (greater than 15 days) and delinquency fees) D. Effluent irrigation usage in each District shaH be at the following schedule: (a) Service Availability Charge: (i) Individually Metered Irrigation: 5/8 and % inch meter 1 inch meter 1 ~ inch meter 2 inch meter 3 inch meter 4 inch meter 6 inch meter 8 inch meter 10 inch meter 12 inch meter $ 7.00 $ 14.00 $ 25.00 $ 39.00 $ 75.00 $115.00 $227.00 $407.00 $542.00 $72 1.00 (b) Volume Charge Per 1,000 Gallons: Fun Service Reuse Master Metered Bulk Service Reuse $ 0.52 $ 0.20 Except in cases where a written agreement between the District and the property owner establishes a minimum gallonage monthly effluent rate that cannot be changed unilaterally by the District, all golf course and other bulk sales of effluent shall be sold and billed in accordance with this section. E. Late payments for monthly user fees are subject to a charge of S% on the unpajd balance after the due date on the bill. F. The rates, fees and charges as established in this Section Three shall be reviewed on an annual basis to ensure adequate revenues for District system operation. maintenance. renewal, replacement, enhancement and debt service costs. 1..1. District Regulation. A. Application For Service. I. To obtain service, application must be made at the office of the District. Applications are accepted by the District with the understanding that there is no obligation on the part of the District to render service other than that which is then available from its existing facilities. The District reserves the right to refuse service from its transmission mains. 2. Utility Service is furnished onJy upon signed application of the property owner, accepted by the District, and the conditions of such application or agreement are I 5 binding upon the property owner as well as the District. A copy of each application or agreement for utility service accepted by the District will be furnished to the property owner. 3. The applicant shall furnish to the District the correct name, street address and legal description at which service is to be rendered at the time of the application for service. All system development charges, impact fees, cOMcction and installation fees, and any other fees, rates and charges established by the District shall be paid in full at the time of application for service, 4. Application for service requested by finns, partnerships, associations, corporations and others. shall be tendcred only by duly authorized individuals. When service is rendered under agreement or agreements entered into between the District and an agent of the property owner, the use of such service by the property owner shall constitute full and complete ratification by the property owner of the agreement or agreements entered into between agent and the District under which such service is rendered. A tenant of property shall not be constnlcd to be an agent. 5. \\tñere the District's water or sewer main is accessible to render service, as detennined in Subsection Four, paragraph K, no Collier County Building Permit may be issued until such time as proper application shall have been made for service and all fees necessary for the rendering of such service shall have been paid to the District. 6. The District may withhold or discontinue service rendered under application made by any property owner, or the property owner's agenl.. unless all prior indebtedness to the District of such property owner for utility serviee has been senJed in full. Serviee may be \1rithheld or discontinued for non-payment of bills and/or non-compliance with rules and regulations in connection with the same or any different class of service furnished to the same property owner at the same premises, or for non-payment of any account for service to the property. Exception: if service was provid~ under an account in the name of a non-owner of the property, further service under a new account can be withheld or discontinued only if the prior nonowner account holder received direct benefit from the rendering of that serviee at the service location. B. Limitation Of Use, Continuity of Service. 1. Unless authorized by the District, water and/or sewer service purchased from the District shall be used by the consumer only for the purposes specified in the application for service, and the property owner shall not sell or otherwise dispose of such service supplied by the District. Unless authorized by the District. service furnished to the property owner shall be rendered directly to the property owner through the District's COMcctiOn. and under no circumstan<:cs shall the property o....,oer or property owner's agent or any other individual, association or ........-- t 2C 6 ' corporation install equipment for the purpose of disposing of said service. In no case shall a property owner except ....ith the Minen consent had and obtained from the District, extend their installation across a street, alley, lane, court. property line. avenue, or any other way, in order to furnish service for adjacent property, even tOOugh such adjacent property is ownc:d by them. In the: event there is an unauthorized extension. sale or'disposition of service, the property owner's service will be subject to discontinuance until such unauthorized extension. sale or disposition is discontinued and full payment is made of bills for service, calculated on proper classification and rate schedules and reimbursements in full arc made to the District for all extra expenses incurred for clerical work. testing and inspections. 2. The District will at all times use reasonable diligence to provide continuous service, and having used reasonable diligence shall not be liable to the property owner or occupants for failure or interruption of continuous water service. The District shall not be liable for any act or omission caused directly or indirectly by strikes, labor troubles, accident, litigation. breakdowns. shutdowns for emergency repairs, or adjustment, acts of sabotage, enemies of the United States, wars, state, municipal or other governmental interference, acts of God or other causes beyond its control. 3. Property Owners shall maintain that portion of the water lines on their property located beyond the District service coMection, and aU loss of water through breaks or Iwage to the premises will be paid by the property owner. The property owner shall maintain that portion of the sewer line located on their property . 4. A landlord who is a customer of the District and who provides water and/or sewer service to rental units through a single master water meter shall, under any of the following three circumstances, be exempt from the prohibitions contained in Subsection A against the sale or disposition of District water and/or sewer service: (a) A landlord may apportion the monthly charge for District water and/or sewer service through the master meter equally among all rental units provided that the total monthly charge to all rental units shall not exceed the landlord's actual cost for District water and/or sewer service; or (b) A landlord may install submeters for each rental unit to track each unit's usage of water service and then charge each unit according to its exact IIsage. A landlord who installs submeters shall comply with the requirements of Subsection E below and shall not recover more than his actual cost for District water and/or sewer service through the master meter and shaIl not pass on to his tenants any of the capital or administrative cost incurred in the installation and monitoring of the I 7 12C 6 submeters or the billing of tenants for their water and/or sewer service usage; or. (c) A landlord may also provide water and/or sewer service to rental units through a single master water meter for no specific compensation provided that in no event shall any landlord recover more than his actual cost for District water and/or sewer service from his tenants. 5. For any rental units which are under lcase agreement as of the effective date of this Ordinance, a landlord choosing to install submetcrs as provided in paragraph 4(b). above, shall not begin monitoring a rental unit's water usage for the purposes of charging a unit according to its actual water usage until the expiration of the then existing term under such lcase agreement. Upon renewing an expired lcase, or upon entering any new lcase agreement with a tenant subsequent to the effective date of this Ordinance, a landlord choosing to submeter shall fully disclose to the tenant the landlord's ability to separately charge each rental unit according to its exact water usage. Such disclosure shall be in both of the following fonns: (I) oral representations by the landlord to the tenant at the time of negotiating the lease and before either party has signed the lease agreement. and (2) by conspicuously printed disclosure provision in the lease agreement specifically referencing the landlord's ability to submeter pursuant to the terms of this Ordinance and initialed by the tenant. 6. Upon a tenant's written request. any landlord who exercises his privile¡e to recover his actual cost for county water and/or sewer service under this exemption shall provide to the tenant documentation of the landlord's actual cost for District water and/or sewer service as well as documentation and a written explanation of the basis for any costs charged to the tenant for water and/or sewer service. Such documentation and written explanation shall be provided within five (5) business days ftom receipt of the written request. 7. Furthermore, upon dispute of a water bill by a tenant in person. in writing, by telephone, or in any other manner, a landlord shall, within five (5) business days of receiving notice of the tenant's dispute, pursue all of the following remedies in an effort to resolve the dispute: (a) Reread the master meter and/or any submeter to verify the accuracy of the meter reading process and the working condition of the mctcr(s); (b) I f the working condition or accuracy of the master meter or any submeter is in question after being reread, the landlord shall have the meter tested; (c) If after being tested the master meter or any submeter is found to be inaccurate or otherwise defective, the District or the landlord, as the case may be, shall immediately repair or replace the meter, 18 -"'~ ".-..-..-...---. --_._~.~-- --~-, --~._~- ----'~--~-------- 12C 6 ' (d) Provide documentation of current and past billing practices with respect to the applicable rental unit for the period of the requesting tenant's occupancy; (e) Arrange a meeting with the tenant and the property manager or some other representative of the landlord to discuss the billing process; AND (0 kly tenant whose request is unsatisfactorily addressed or who has exhausted the above options without redress may bring suit in a court of competent jurisdiction to obtain relief under Chapter 83, Florida Statutes. the Landlord Tenant Act. 8. All submeters must achieve no less than the accuracy standards as currently met by the District for its own water meters. In addition, any landlord installing submeters shall provide, where applicable, the following services, at the landlord's expense, which either meet or exceed the level of service currently provided by the District with respect to its water meters: (a) The landlord shall promptly, upon receiving notice, repair all submeter leaks; (b) The landlord shall promptly, upon receiving notice, replace any failed service lines or associated components; (c) The landlord shall promptly, upon receiving notice, replace damaged or deteriorated submeter boxes or lids, and shall, where applicable, lower or raise a submeter box to grade as necessary; (d) The landlord shall, upon receiving a water quality complaint, check applicable cOMections and flush applicable service lines; (e) The landlord shall, upon receiving a low pressure complaint, check and test the system to ensure proper operation; (t) The landlord shall locate all submeters and service lines upon reasonable request by a tenant; (g) The landlord shall turn off applicable submetcrs in emergency situations; (h) The landlord shall read all submeters no less flequently than once a month; (i) The landlord shall replace all submeters that become stuck or difficult to read; and G> The landlord shall notify the tenant of a potential leak upon reading a submeter that reflects an unusually high usage. 9. The provision of water service through a single master meter by a landlord as described in this subsection is deemed not to constitute the sale or disposition of water servir.e. The provision of sewer service as described in this subsection is deemed not to constitute the sale or disposition of sewer service. 10. Any condominium association that is a customer of the District and provides water and/or sewer service to condominium units through a single master meter 19 12C 6 may allocate the cost for such water service among its members either by equal apportionment. installation of submeters. or otherwise provided that such allocation of cost is restricted to recovery of the condominium association's actual cost for District water and/or sewer service and directly related administrative or capital expenses incurred in recovering that cost. Upon member's written requcst. any condominium association that exercises its privilege under this exemption from the prohibitions in Subsection A to recover its actual cost for District water and/or sewer service and directly related administrative and capital expenses inculTed in recovering that cost shall provide to the member documentation for the condominium association's actual cost for District water and/or sewer service as well as documentation and a written explanation of the basis for any costs charged to the member for water service. Such documentation and written explanation shall be provided within five (5) business days from receipt of the written request. The provision of water service through a single master water meter by a condominium association as described in this subsection is det:med not to constitute the sale or disposition of water service. The provision of sewer service as described in this subsection is deemed not to constitute the sale or disposition of sewer service. II. Any landlord or condominium association that elects to install submeters shaH not charge a security deposit. C. Property Owner's Liability For Damage to Equipment. 'The property owner is liable to the District for any damage done to the District's equipment used in providing service to the property owner, except damage done by District employees. D. Security Deposits on Water Account. Security deposits arc no longer required on District customer accounts for water service. All existing se.:urity deposits on customer accounts shall be credited, pro-rata. to each customer account. E. Security Deposits on Sewer Accounts. Security deposits arc no longer required on District customer accounts for sewer service. All existing security deposits on sewer 5crVice shall be credited, pro-rata, to each customer account. F. Property Owner's Responsibility for Water Service; Bad Debts. 1. 'The property owner is responsible for all water and/or sewer service provided to the property. In the event service is discontinued for non-payment, service will be restored only after property owner has fully complied with provisions ofScction Three, Subsection G. paragraph 2, below. of this Ordinance. 2. Bad debts will be taken off the books nnd the property owner's name and the amount due will be filed in a bad debt file. In the event water and/or sewer 20 12C 6 service is requested to the propeny owner in the future, this back debt must be paid before water andlor sewer service "ill be furnished. G. Dates Bills Due and Delinquent; Discontinuance of Service for Non-Payment; Reinstatement Following Discontinued Service. 1. Bills for service are due by the date set forth on the bill from the District and are delinquent thereafter. Service will be cut ofT when delinquent for non-payment of bills. 2. When service has been discontinued for nonpayment of current bills, service will be renewed upon payment of all unpaid bills, plus a thiny dollar ($30.00) service fee for reinstatement, provided however, the settlement in full is made on or before fifteen (15) days from the date of the discontinuance of such service. 3, If service is discontinued for more than fifteen (15) days by the propeny owner's request, or for any other reason, the stn.-et cock will be turned off and the meter removed from premises. Should the propeny owner request renewal of service for the premises, service will be restored upon full payment of: 1) all past due bills plus delinquency fees, and (2) a reinstallation charge of fifty dollars ($50.00). 4. Billing for water service shall begin upon registration of water on meter. or ninety (90) days from date of application for service, whichever occurs first. Billing for sewer service shaJl commence upon the issuance of a certificate of occupancy or ninety (90) days following the issuance of a notice to connect to the sewer system, whichever occurs first. 5. The propeny owner shall immediately notify the District of any additional dwelling units connected to the District's service lines if the dwelling units have not been included in previous applications. For violation of this Section the District's service may be discontinued. 6. The propeny owner shall reimburse the District for its expenses to change a location or a meter, whcn the propeny owner requests a change in location. The District's expenses include labor, materials plus an administration fee equal to ten percent (10%) of the District's expenses. H. Billing Payment When Meter Becomes Defective; Right Of Entry Of Authorized Agents Or Employees. 1. Should the meter on any premises become defective, so that the amount delivered for the current month cannot be ascenained, the propeny owner shaH pay for that month an amount equal to the average amount charged for the four (4) preceding months unless the actual amount of water can be detennined. 2. Duly authorized agents and employees of the District shall. during daylight hours or if called out after dark for emergency service, have access to any property for the purpose of examining the condition of fixtures, service pipe in.c:tallation and such other purposes as may be proper to protect the interest of the District. 21 12C 6 reading or repairing the waler meters located thereon, or turning the supply of such water 10 the premises off or on. I. Waler Bill Complainu. No high water bill complaints !ihall be accepted for inspection by the District unless all plumbing fixtures. piping and outlets have been examined by a licensed plumber who has certified that there are no leaks. If an investigation is made by the District and the findings rcveal the initial meter reading was accurate and the meter is functioning properly, a fe-read charge of twenty dollars ($20.00) will be assessed against the property owner. After the first request. the property owner shall be charged at thirty-five dollars ($35.00) per test for any re-reads or meter tests which show the meter is functioning properly. J. Meters, Location And Charge For Moving. Meters shall be placed when possible just within the property line at the property comer at the nearest point to the tap-in main. If a meter is moved at the request of the property owner, the property owner shall pay a fee equal to the District's cost plus ten percent to relocate the meter . K. COMcctions With Water And Sewer Required. The owner of each lot or parcel of land within the District upon which lot or parcel of land any improvement is now situated or shall hereafter be situated. shall, if the District operates and maintains distribution and/or collcction facilities along the ûontage of their property, COMcct or cause such improvement to be connected with the water and/or sewer facilities of the District. The usage of such facilities shall. at a minimum. be used for all indoor usage and shaJl be COMccted within ninety (90) days following notification so to do by the District. COMcction to the r.:use system shall only be required if the development order and/or property purchase agreements require such cOMection. All such COMectiOns shall be made in accordance with roles and regulations which may be adopted from time to time by the District, which roles and regulations shall provide for a charge for making any such cOMcction in such reasonable amount as the governing board of the District may fix and determine. No coMcction or coMcctions shall be required where the water or sewer system or line is more than two hundred (200) feet ûom such property line. L. Exceptions To COMCCtÎOns. This Ordinance shall not be construed to require or entitle any person to cross the private property of another in order to COMCCt to the District's waler and/or sewer service. M. COMcctions May Be Made By District. If any property owner of any lot or parcel of land within the District shall fail or refuse to connect to and use the water and/or sewer facilities of the District after notification. as provided herein, then the District shall be authorized to make such cOMcctions. entering on or upon any such property for the purpose of making such coMection. The District 22 12C 6 shaH thereupon be entitled to recover the cost of making such cOMcction, together with reasonable penalties and interest and attorney's fees. by suit in any coun of competent jurisdiction. In addition and as an alternative means of collecting such costs of making such cOMections, the District shall have a lien on such property for such cost; which lien shall be equal dignity with the lien of State and County taxes. Such lien may be foreclosed by the County in the same manner provided by the laws of Florida for the foreclosure ofmor1gages upon real estate. N. Unlawful CO~'U1cction Prohibited. No person shall be allowed to COMcct into any water or sewer line owned by the District without written consent of the District. The cOMcction with such line shall be made only under the direction and supervision of the District. Any property owner or plumber who shall make any coMcction without such consent of the County shall, upon conviction be subject to the penalties hereinafter provided. O. Failure To Maintain Plumbing System. The property owner shall be responsible for maintaining and keeping free from obstruction the water and sewer pipes leading to and COMCCting from the plumbing system to the District's water and sewers mains, and failure to keep the water and sewer pipes, free trom obstructions and maintained in a proper manner shall be subject to the penalties hereinafter provided. P. Unpaid Fees To Constitute Lien. In the event that the fees, rates or cbnrges for the services and facilities of any water or sewer system shall not be paid as and when due. any unpaid balance thereof and all interest accruing thereon shaH be an automatic lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes. In the event that any such fees, rates or charges shall not be paid as and when due and shall be in default for thirty days or more the unpaid balance thereof and all interest accrued thereon. together with attorneys fees and costs, may be recovered by the District in a civil action. and any such lien and accrued interest may be foreclosed or otherwise enforced by the District by action or suit in equity as for the foreclosure of a mortgage on real property. Q. No Free Service. No water or sewage disposal service shall be furnished or rendered free of charge to any person, finn or corporation whatsoever, and the County and each and every agency, department, or instrumentality which uses such service shall pay therefore at the rates fixed by this Ordinance. R. Separate COMections For Each Separate Unit. Unless authorized by the District, each dwelling unit whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other dwelling unit shall be 23 12C 6 cOn!¡idered a separate unit for the payment of the water and sewage disposal rates and charges, and separate coMections will be required for each of such dwelling units. SECTION FOUR. La"',. S"rinkJin2 Renlation., !J.. Purpose. From time to time, operational conditions may limit the ability of the District or any other authorized water purve)'or providing water service in Collier County. Florida, to supply potable water. A deficiency in normal rainfall causes increased demands in the District or operating area of an authorized water purveyor which may exceed District's or the authorized water purveyor's water system facilities designated capacity. These operational conditions or increased demands may cause water pressW'CS lower than required by the Department of Environmental Protection, or any successor regulatory agency, regulations or pressures lower than necessary to properly operate the water system of the Districts or the authorized water purveyor. These reductions in system pressure may pose a threat to :he health, safety, and welfare of the citizens of Collier County. The potential threats may occur in relatively short time periods, requiring immediate action to protect the public health and prevent damage to the District's and authorized water purveyor's water facilities. Accordingly, there is a need to establish lawn sprinkling restrictions to protect the public health, safety and welfare. ~. Regulations. A. The following regulations are hereby established governing the use of potable water for lawn sprinkling from the District's or any other authorized water purveyor's water system in Collier County during emergency conditions within the unincorporated areas of Collier County. As there are separate areas which are supplied through separate facilities and water sources, these regulations may be applied to anyone, aU or any portion of the designated areas, dependent upon the nature of the emergency. B. The Board of County Commissioners hereby authorizes the County Administrator, or his designee, to implement said regulations whenever the County Administrator has received notice from District staff or the staff of an authorized water purveyor that because of natural or operational conditions, the District's or authorized water purveyor's water facilities are inadequate to meet system demands, which may affect the health, safety or welfare of the citizens of Collier County. The County Administrator, or his designee, may impose said regulations without approval from the Board of County Commissioners, if it is detennined that time restraints required for Doard approval would cause an undue risk to the residents or water facilities of the District or the authorized water purveyor. The County Administrator, or his designee, is required to seek approval from the Board of County Commissioner at the first available regularly scheduled session, or special session, to maintain enforcement of said regulations. At the conclusion of the emergency, t11e County Administrator, or his designee, shall rescind said regulations, unless otherwise directed by the Board of County Commissioners. 24 The Regulations are established as follows: Landscape Materials Las Than 30 Days Old Pbase I Moderate Shortage Under S acres: 2 am . . am Mon" Wed" Thun, &; Fri,; S acm or over, 12:01 am ·1:00 am Mon., Wed., Fri, Low vol. hand watmng: voluntary, New irrigation systml clean &; adjust 10 min, per zone, one time only, Phase II Severe Shortage Under S ecm: 2 am . 1 am Mon" Wed., Thun. &; Fri.; S aan or over: 12:01 .m ·1:00 am Mon., Wed., Thun. Fri. New irrigllion systml clean &. adjlUt 10 min. per zone, one time only. Pbase III Extreme Shortage Under S acres: 2 am . 7 am Mon" Wed.. &; Fri.; S teres or OV!:l': 12:01 am· 7 am Mon., Wed. 8l. Fri,; low volume hand watmng: voluntary. New irrigation system cleaning &; adjusting 10 min, per zone. one lime only, Pbase IV Critical Shortage Under S teres: 6 am . 7 am Sat.; S acres or over: 4 am . 7 am Sat.; low volume hand wllering: Mon., Wed. 8l. Fri. New irrigalion system cleaning 8l. adjusling prohibited, 12C b Landscape Materials Greater Tban 30 Days Old Und!:l' S teres: 4 am . 1 am Mon., Wed.. &; Sal. for odd house eddresse1 &: Tun., Thun, &; Sun, for even house ecIdmses; S acres or over: same IS under S ecm except hr, limited 10 12:01 am -1:00 am, Under S acm: 4 am . 1 am Wed. &; Sa for odd house addrnses; Thun. &; 5l1li. for even house addrnses &; locations with no 1Iddr8$s; S teres or over: same as under S acres except houn limiled to 12:01 am·1 am. Under S acres: 4 am . 7 am Sa!. for odd house addresses; Sun, for even addreues 8l. local ions wilh no addresSC$; S teres or over: same IS under S acres except houn limiled 1012:01 am· 7 am. Under S acres: 6 am Sat. for odd house addreues &; Sun for even house addreues 8l. local ions with no addresses; S teres or OV!:l': same IS under S acres except houn limiled 10 4 am . 7 am, ~. HardshipNariance Procedure. A. Under extraordinary conditions the Board of County Commissioners may grant a variance to the regulations adopted in this section. Any request for a variance must be submitted by the affected District or water purveyor in writing to the County Administrator. B. A request for a variance submitted by a District or water purveyor may be granted when the District or water purveyor provides a written statement which indicates that a hardship exists due to operational conditions wherein the District's or water purveyor's system cannot meet system demands caused by the implementation of the regulations set forth in this Section and setting forth the variance requested. C. A request for a variance submitted by a property owner served by a District or water purveyor may be granted when the property owner provides a written statement which indicates that the property owner will suffer a substantial hardship due to the implementation of the regulations set forth in this Section and setting forth the variance requested. Any request for a variance submitted by a property owner shall first be reviewed and approved by the District or water purveyor. D. Any variance granted by the Board of County Commissioners shAll be the minimum necessary to alleviate the hardship created by the implementation of the regulations set forth in this Section. E. In an emergency created due to time constraints, the County Administrator may grant a temporary variance. At the next regularly scheduled Board of County Commissioners meeting, 25 ~""'--~"~"~~"""~-----""""--"'----'--___"_______'f --_.- !2C b the Board of County Commissioners shall consider whether the temporary variance shall remain in effect. F. Any variance granted under this Section shall terminate upon the hardship no longer existing. M. Exceptions. A. Developments within Collier County utilizing one hundred percent re-use water for irrigation purposes are exempt from the restrictions of this Section. SECTION FIVE. City of Naula Service Ana. ,U. No extension of existing distribution water mains of the water system of the City of Naples may be made within the Collier County Water-Sewer District. Marco Water and Sewer District or the Goodland Water District (collectively referred to in this Section Five as "District") without the prior, written consent and approval of the governing board of the District, except that this Ordinance shall not apply to the lands described in Subsection FoW'. ~ All applications for said distribution water main extensions shall be made in writing to District staff who shall present said requests to the governing board of the District within fourteen (14) days of receipt thereof. U. The governing board of the District may attach reasonable conditions to the issuance of permits for distribution water main extensions which conditions may include, but not be limited to, provisions for payment of system development charges which may be enacted by Collier County after January I, 1978. M. The City of Naples Water Service Area Boundaries are as follows: Beginning at the intersection of the easterly shoreline of the Gulf of Mexico with the southerly City limit line of the City of Naples; thence easterly along said southerly City limit line to the southeast comer of Section 27, Township 50 south, Range 25 east; thence northerly along the easterly City limit line to the northeast comer of said Section 27; thence westerly along the north line of Section 26, Township 50 south, Range 25'east to the northeast comer of said Section 26; thence northerly along the east line of Section 23, Township 50 south, Range 25 east to its intersection with the southerly rigbt-ofway line of Thomasson Drive; thence easterly along said southerly right-of-way line of Thomasson Drive to its intersection with the range line lying between Range 25 east and Range 26 east; thence northerly along said range line lying between Range 25 east and Range 26 east to the northeast comer of Section 13, Township 49 south, Range 2S east; thence westerly along the north line of Sections 13, 14, IS, 16 and 17, Township 49 south, Range 25 east to the intersection of the north line of said Section 17 with the easterly shoreline of the Gulf of Mexico; thence southerly along the meanders of the easterly shoreline of the Gulf of Mexico to the point of beginning. SECfION SIX. Sewer Use RatrictioDI 6.1. A. This Section Six sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system of the District and enables the District to 26 12C b comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Par1403). B. The objectives of this Section Six are: I. To prevent the introduction of pollutants into the District wastewater system which will inteñcre with the operation of the system or contaminate the resulting sludge; 2. To prevent the introduction of pollutants into the District wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; 3, To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and 4. To provide for equitable distribution of the cost of the District wastewater system. C. This Section Six provides for the regulation of direct and indirect contributors to the District wastewater system through the issuance of pennits to certain non-domestic users and through enforcement activities, requires user reporting, assures that existing customers' capacity will not be pre-empted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. D. This Section Six shall apply to the District and to persons outside the District who are, by contract or agreement with the District, users of the County Publicly Owned Treatment Works (p0TW). Except as otherwise provided herein, the Public Works Administrator or his designee shall administer, implement and enforce the provisions of this Section Six. U, DefInitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shaH be as follows: A. "Administrator" shall mean the administrator of the U.S. Environmental Protection Agency or his duly authorized representative, B. "Authorized Representative" shall be a principal executive office of at least the level of vice president if the industrial user is a corporation; a general partner or proprietor if the industrial user is a partnership or sole proprietorship; or an individual if such representative is responsible for the overall operation of the facility. C. "BOD" ( denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20°C, expressed in milligrams per liter. D. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer, beginning five (S) feet (I.S meters) outside the iMer face of the building wall. E. "Building Sewer" shaJl mean the extension from the building drain to the public sewer or other place of disposal. 27 12C b F. "Chemical Oxygen Demand (COD)" shall mean a measure of oxygen equivalent of that portion of the organic matter in a sample that is sU$ceptible to oxidation by a strong chemical oxidant. G. "County" shall mean Collier County, the Board of County Commissioners of Collier County, Florida. or the duly authori2'ed staff, agent or the representativc acting on behalf ofthc Board of County Commissioners to supervise and managc the operation of the publicly owned water and wastcwater facilities. H. "Cooling Water" shall mean thc water discharged from a building subsequcnt to its use for purposes connected with air conditioning, cooling, refrigeration, or for other purposes to which the only pollutant added is hcat. I. "Direct Dischargc" shall mean thc discharge of treated or untreated wastewater directly to thc surfacc waters ofthc Statc of Florida. 1. "Domestic Wastcwatcr" shall mean a combination ofwater-<:arried wastes which shall not cxceed thc following concentrations: 25Omg/1 BOD,250/1 TSS, 30 mg/I TKN and IS mg/I Phosphorous. K. "Easement" shall mean acquired Icgal right for thc specific use of land by others. L. "Environmcntal Protection Agency (EPA)" slul'!l mean thc United States Environmental Protection Agency, or where appropriatc thc term may also be used as a dcsignation for thc Administrator or other duly authorized official of said agency. M. "Garbagc" shall mean solid wastes from thc domcstic and commcrcial preparation, cooking and dispensing of food, and from thc handling, storagc and salc of produce. N. "Indirect dischargc" shall mean thc dischargc or introduction of non-domcstic pollutats from any sourcc into thc municipal wastcwater facilities as regulated under Section 307 (b), (c), or (d) of the Clean Water Act. as amcnded from timc to timc. O. "Industrial User" shall be a source of Indirect Dischargc as regulated under Section 307 (b), (c), or (d) of the Clean Water Act, as amended from time to timc. P. "Industrial Wastc Surcharge" shall mea."I the monctary chargc made in cxcess of the sewer service chargc for all wastewater over and above normal wastcwatcr. Q. "Industrial Wastcs" shall mean thc liquid wastcs discharged from industrial manufacturing processes, tradcs, or businesses and having characteristics cxceeding domcstic wastewatcrs. R. "Infiltrationllnflow" shall mean ground watcr and surfacc watcr which Icaks into thc sewcrs through crackcd pipes, joints, manholcs or other openings. S. "Interferencc" shall mcan the inhibition or disruption of the Publicly Owned Treatment Works (POTW) processes or its opmltion which contributes to a violation of any requirement of the County's statc issued operating permit. T. "May" is a word that when utilized in this Ordinance has a permissive meaning. U. "National Categorical Pretreatmcnt Standard" or "Pretreatment Standard" shall mean any regulation containing pol1utant discharge limits promulgated by EPA in accordance with the Clean Water Act, as amended from time to time. 28 12C 6 V. "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. W. "Nonnal Wastewater" shall mean wastewater discharged into the sanitary sewers in which the average concentration of total suspended solids and BOD is not more than 250 mg/1 BOD and 250 mg/l TS5, total phosphorous is not more than 15 mg/I, total Kjeldahl nitrogen is not more than 30 mg/I; and total flow is not more than 25.000 gallons per day. X. "O\\11er" shall mean person desiring or receiving service. Y. "Person" shall mean any individual, finn. company, government entity, association, society, corporation, or group. Z. "pH" shall mean the logarithm (base 10) of the reciprocal of the weight of hydrogen ions in grams per liter of solution. AA. "Pollution" shall mean the man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water. BB. "Pollutant" shall mean any dredged spoil, solid waste, incinerator residue, sewage. garbage. sewage sludge, munitions, chemical wastes, biological materials. radioactive materials, heat, wrecked or discharged equipment. rock. sand, cellar din and industrial, municipal or agricultural wastes discharged into the surface waters or ground waters of the State of Florida. CC. "Pretreatment or Treatment" shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties of a wastewater to a less hannful degree prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. DO. "Pretreatment Requirements" shall mean any substantive or procedural requirement related to a pretreatment other than a National Categorical Pretreatment Standard imposed on a non-domestic wastewater discharger. EE. "Private Sewage Disposal System" shall mean any individual on-site sewage treatment and disposal system such as septic tanks, cesspools and similar facilities but not including package sewage treatment plants. FF. "Properly Shredded Garbage" shall mean the wastes from the preparation. cooking and dispensing of food that have been shredded to such degree that all articles will be carried freely under the flow conditions nonnally prevailing in public sewers, with no particle greater than one-half (~) inch ( 1.27 centimeters) in any dimension. 00. "Publicly Owned Treatment Works (pOTW)" shall mean a treatment works which is owned by the District. This definition includes sewers that convey wastewater to the treatment works, but does not include pipes, sewers or other conveyances not COMected to a facility providing treatment. HH. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by a public authority. 29 t2C 6 II. "Sanitary Sewer" shall mean a sewer which carries sewage and to which stonn, suñace waters and ground waters are not intentionally admitted. 11. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments. together with such ground watcrs and suñace and stonn waters as may be present. KK. "Sewage Treatment Plant" shall mean all facilities for !realmcnt and disposal of sewage. LL. "Sewagc Works" shall mean all facilities for collecting, pumping, treatment, and disposal of sewage. MM. "Sewer" shall mean a pipe or conduit for carrying sewage. 1';'N. "Shall" and "Will" are words that when utilized in this Ordinance have a mandatory meaning. 00. "Significant Violation" shall be a violation which remains uncorrected for 45 days after notification of noncompliance; which is pan of a pattern of noncompliance over a twelve month period; which involves a failure to accuratcly report noncompliance; or which results on the POTW exercising its emergency authority to halt or eliminate immediately a discharge. PP. "Slug" shaH mean any discharge of water, sewage or industrial waste in concentration of any given constituent or in quantity of flow may cause upset of the POTW operation or exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during nonnal operation. QQ. "State" shall mean the State of Florida or regulatory agency within the State government having jurisdiction over a particular topic of concern. RR. "Standard Industrial Classification (SIC)" shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, in 1972. as amended from time to time. SS. "Stonn Drain" (sometimes tcnned "stonn sewer") shall mean a sewer which carries stonn and suñacc waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water. IT. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory fi hering. UU. "Toxic Pollutant" shall mean any pollutant or combination of pollutants listed as toxin regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of the Clean Water Act, as amended from time to time. W. "User" shall mean any person who contributes, causes or pennits the contribution of wastewater into the County's POTW. WW. .. Public Works Administrator" shall mean the person designated by Collier County to supervise the operation of the public1y-owned treatment works or his duly authorized deputy, agent or representative. 30 XX. "Wastewater" shall mean a combination of the water-carried wastes from residences. business buildings. institution. and industrial establishments, together with such ground. surface and stonnwaters as may be present. YY. "Watercourse" shall mean a channel in which a flow of water occurs. either continuously or ¡ntenninently. ZZ. "District" shall mean the Collier County Water-Sewer District and Marco Water and Sewer District. AM. Carbonaceous Biological Oxygen Demand ("CBOD") shall mean a quantitative measure of the amount of dissolved oxygen required for the biological oxidation of carbon-containing compounds in a sample. §.1. Abbreviations. A. "ASTM" American Society for Testing and Materials B. "BOD" Biochemical Oxygen Demand C. "CDOD" Carbonaceous Biological Oxygen Demand D. "CFR" Code of FederaJ Regulations E. "COD" Chemical Oxygen Demand F. "FDEP" Florida Department of EnvironmentaJ Protection G. "EP A" U.S. Environmental Protection Agency H. "mg/l" Miiligram per liter 1. "NPDES" National PQllutant Discharge Elimination System J. "POTW" Publicly Owned Treatment Works K. "ppm" Parts Per Million L. "SIC" Standard Industrial Classification M. "SS" Suspended Solids N. "TKN" Total Kjeldahl Nitrogen O. "WEF" Water Environment Federation M. Supplemental Service Charlie A. Wastewater system users determined by the District to be included in the Pretreatment program shall pay a monthly SupplementAl SC'rvieo Charge tor the addJtlonal services required to monitor l11e wastes being discharged by such users. This c:hatJfe shall be leparllto and distinct from the industrial sewage strength service charge. This Supplemental Service Charge will be levied for l11e following: I. Monitoring, inspections and surveillance procedures; 2. Collection and analyses of wastewater samples; 3. Collection and evaluation of monitoring data; 4. Equipment servicing by an independent service company; 5. Other requirements deemed necessary to implement the Pretreatment program as delineated in this Ordinance. 31 ·-T U _abl J2C 6 I. 2C 6 ~. Rules and Regulations A. The following Rules and Regulations apply throughout the area encompassing Coli ier County and to all wastewater dischargers provided wastewater service by the District. B. Discharge of Industrial Waste. I. Any O\\l1er discharging industrial wastes into the wastewater collection system at the time of passage of Ihis Ordinance shaU submit a discharge pennit application in the required fonn with six (6) months from the date of passage of this Ordinance, AU industrial Wastewater dischargers proposing to discharge into the District's wastewater system shall file with the District on fonns fumishC\J by the District an additional application for discharge permit. showing the volume, strength and characteristics of waste discharged or to be discharged in to the Public Sewer. If detennined necessazy by the District. analyscs of the representative wastes shall be made by an approved independent laboratory and submitted with the application. Following the initial approval, any change in the use of the premises or change in production or operation thereof which causes an alteration in the water use, Waste volume, strength or characteristics, shall require an amended application to be tiled and approved by the District prior to implementing the Proposed alteration to the premises. All discharge permit and amended discharge pennit applications will require payment of a fee to be paid at the time the application is filed. All review costs, in addition to the basic discharge pennit fee, shall be borne by the User and paid prior to issuance of any discharge pennit. 2. It shall be unlawful for any User of the District sewers to discharge industrial wastes into the public sewers without obtaining a discharge pennit &om the District. Applications for such discharge pennits shall be made to the District on fonns provided by the District. All infonnation that the District deems necessary to detennine potential impacts to the Publicly Owned Treatment Works shall be provided by the applicant. 3. Discharge permits shall be issued to the applicants by the District upon finding that the infonnation set forth in the application will conform to the provisions of this Ordinance, and that the Proposed use will be compatible with the capacity, process, treatment and nutrient load of the District wastewater facilities. Discharge permits shall be valid for a term of three (3)'years &om the date of issuance unless surrendered to, or revoked by, the District upon the determination that an industrial USer is exceeding the penk quality and volume of effluent set fortJl in the original application and/or discharge pennit conditions. In the event an Industrial User proposes to make any change in the peak quality and volume of effluent during the term of the permit. resulting from increases in production and/or changes in the production profile, beyond the scope of the discharge permit. such User shall file an amended application for IS permit authorizing such 32 ------ 12C Ó change. Such permit shall not be reassigned or transferred to a new Owner, new User or different premises without the approval of the District. Discharge permits shall be renewed by completing the permit application form and subsequent review of the application and historical compliance records. 4. Applications must be signed by the Owner of the premises or his duly authorized agent, and signed by the authoriud representative of the District showing payment to the District and County of the applicable connection charges and impact fees provided for prior to the initiation of the servk.c:s. S. All applicants for service, whether or not sllch service is to be provided to property within the District area. expressly agree as a condition of acceptance of service to abide by the rules and regulations delineated herein. 6. All cost and expenses incident to the installation and connection of the building sewer shall be borne by the Owner. The Owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. C. Effluent Quality Bond. 1. To further assure compliance with the requirements of this Section Six, all permitt~ Industrial Users. upon receipt of the discharge permit, shaJJ deposit with the District and "Discharge Quality Bond" for the permit years payable to the County and District and conditioned upon the Industrial User's faithful compliance with the provisions of this Section Six and all State and Federal Regulations relating to water pollution control. Said bond shall be further conditioned upon the Industrial User's prompt payment of all charges assessed to the Industrial User by the District under the provisions of this Section Six resulting from the Industrial User's failure to comply with the terms hereof, and to the Industrial User fully indemnifying and protecting the County and District trom any penalties, damages or claims for penalties and damages (including attorney's fees and cost for defending such claims, including any appeals) arising or resulting from the Industrial User's failure to comply with any provision of this Section Six and/or the State and Federal Regulations relating to water pollution control. The amount afthe discharge quality bond shall be set forth by resolution. The bond shall be approved by the County Attorney as a condi tion of issuance of any pennit. D. Use of Public Wastewater System. I. No user shall discharge or cause to be discharged any stormwater, surface WDter, groundwater, roofrun-off, subsurface drainage, uncontaminated cooling WDter or unpolluted industrial process waters to an)' public wastewater collection system, 2. Stormwater and all other unpolluted drainage shall be discharged to such sewers as arc specifically designated as storm sewers, or to a natural outlet approved by 33 ~----_.-- -..._-~-~.- ~"^''''''''~_O·''_ 12C 6 the County. Industrial cooling water or unpolluted process waters may be discharged, on approval by the County, to a stonn sewer or natural outlet. 3. Other discharge limitations established to prevent interference with the operation or perfonnance of the Publicly Owned Treatment Works (POTW) are specified by the following sections. E. GeneraJ Discharge Prohibitions. 1. No User shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or perfonnance of the Publicly Owned Treatment Works (POTW). These general prohibitions apply to all such Users of a POTW whether or not the Uscr is subject to the National Categorical Pretreatment Standards or any other Federal, State, or local Pretreatment Standards or Requirements. A User shall not contribute the following substances to any POTW: (a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than five percent (5%), nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter; Prohibited materials include. but arc not limited to, gasoline, kerosene, naphtba, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchloratcs, bromates, carbides, hydrides, sulfides and any other substances which the County, District, the State or EPA has notified the user is a fire hazard to the system. (b) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with panicles greater than one-half inch (W) in any dimension, animal guts or tissues. paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, tone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent bops, used birth control and feminine hygiene products, wastepaper, wood. plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. (c) Any wastewater having. pH ofless than 5.5, or higher than 9.5, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or persoMel of the POTW. 34 12C 6 (d) Any ....'Utewater containing toxic pollutants in sufficient quantity, either singly or by interaction ....ith other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitations set fonh in the National Categorical Pretreatment Standards. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307( a) of the Clean Water Act, as amended from time to time. (e) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. (f) Any substance which may cause: the POTW's effiuent or any other product of the POTW such as residues, sludges. or scums, to be unsuitable for reclamation and fe-use or to interfere with the reclamation process. In no case: shall a substance discharged to the POTW cause: the POTW to be in noncompliance with sludge use: or disposal criteria, guidelines or regulations developed under Section 405 of the Clean Water Act, as amended from time to time; any criteria, guidelines, or regulations affecting sludge use: or disposal developed pursuant to the Solid Waste Disposal Act. the Clean Air Act. the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used. (g) Any substance which may cause: the POTW to violate its State operating pennit(s) or the receiving water quality standards. (h) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. (i) Any wastewater having a temperature which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 400C (lQ40F). (j) Any waste or waste containing fats, wax, grease: or oils, whether emulsified or not, in excess of one hundred (100) mgll or containing substances which may solidify or become viscous at temperatures between thirty-two (32°) and one hundred four (lQ4°F) (0° and 400C). (Ie) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a User knows, or has reason to know, will cause interference in the POTW. In no case shaH a slug load have a now rate or contain concentration or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes 35 12C 6 more than five times the average twenty-four (24) hours concentration. quantities. or flow during normal operation. (I) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed the limits established in compliance with applicable State or Federal Regulations. (m) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five [65J degrees Celsius). (n) Any garbage that hIlS not properly been shredded. The installation and operation of any garbage grinder equipped with . motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Public Works Administrator. (0) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions. whether neutralized or not. (P) Any waters or wastes containing iron, chromium. copper, zinc, and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement. to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Public Works Administrator for such materials. (q) Any waters or wastes containing phenols or other taste- or odor-producing substances. in such concentrations exceeding limits which may be established by the Public Works Administrator as necessary, after treatment of the composite sewage, to meet the requirements of the state. Federal, or other public agencies of jurisdiction for such discharge to the receiving waters. (r) Material which exert or cause: (i) Concentrations of inert suspended solids (such as, but not limited to, sodium chloride and sodium sulfate) differing from that typically found in domestic wastewater. (ii) High BOD, chemical oxygen demand. or chlorine requirements in such quantities as to constitute a higher loading than normal wastewater on the sewage treatment workers. (iii) High volume of flow or concentration of wastes constituting slugs. (s) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdicrion over discharge to receiving waters. (t) Any wastewater which causes a hazard to human life or creates public nuisance. 36 12C Ó 2. \\-'hen the District determines that a User(s) is contributing to the POTW, any of the above enumerated substances in such amounts which threaten to interfere \\;th the operation of the POTW or mllY present an endangerment to the environment, the District shall have the authority to immediately hall or prevent an)' discharge ofpolIutants to the POTW. The District shall provide the User notice of this action in accordance with Section 7.5 of this Ordinance. 3. Subsequent to such action, the District shall allow the User 30 days for a response, which shall include the cause of the discharge and corrective measures taken. Wastewater service shall not be resumed until such corrective measures as needed have been undertaken to eliminate threat of interference or endangerment to the environment. 4. Following this response period, the District. as it determines necessary, shall begin development of effluent limitation(s) and a compliance schedule for such user to correct the interference y,ith the POTW, F. Maximum Concentrations Allowed. I. AII sewage service customers are prohibited to discharge the folIowing above their indicated concentrations at any time: 0.050 mg/1 0.020 mg/1 0.030 mg/1 0.010 mg/1 0.300 mg/1 0.200 mg/1 0.002 mg/1 0.200 mg/1 0.040 mg/1 0.300 mg/1 10.00 mgll 25.000 mg/1 (m) Total Nitrogen 40.000 mg/1 The concentrations set forth above shal1 automatically be amended to comply with state and federal regulations. G. Pretreatment Facilities· Approval. If the District permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the District, and subject to the requirements orall applicable codes, ordinances, and laws. H. Pretreatment Facilities - Maintenance. Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the Owner at Owner's expense. (a) Cyanide (b) Arsenic (c) Cadmium (d) Total Chromium (e) Copper (1) Lead (g) Mercury (h) Nickel (i) Silver (j) Zinc (k) Total Phosphorous (I) Ammonia Nitrogen 37 12C 6 I. Interceptors (Traps). Grease, oil, and sand interceptors shall be provided when, in the opinion of the District, they are neces..~ for the proper handling of liquid wa.~tes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling or dwelling units, All interceptors shall be of a type and capacity approved by the District; and shall be located as to be readily and easily accessible for planning, cleaning and inspection. The minimum size of interceptors shall be in conf.>nnance with the County's Plumbing Code, except that interceptors for restaurants of all types shall be 25 gallons of capacity per restaurant seal J. Control Manhole. When required by the District, the Owner of any property serviced by a building sewer canying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and mea.~urement of the wastes. Such manhole, when required, shall be constructed in accordance with plans approved by the District. The manhole shall be installed by the Owner at his expense. and shall be maintained by Owner so as to be safe and accessible at all times. K. Measurements, Tests. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be detennined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by American Public Health Association. and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole shall be carried out by customarily accepted methods to reflect the effect of constituents upon sewage works and to detennine the existence of hazards to life, limb, and property. (The particular analyses involved will detennine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Nonnally, but IIOt always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls whereas pHs are detennined fi'om periodic grab samples.) L. Special Arrangements. No statement contained in this Ordinance shall be construed as preventing any special agreement or arrangement between the District and any industrial concern whercby an industrial waste of unusual strength or character may be accepted by the District for treatment, when acceptance by the District will aid in treatment at the sewage treatment plant, subject to payment of an additional charge for treatment of these wastes by the industrial concern. M. Special Anangements - Detennination of Acceptability. In fonning the opinion as to the acceptability of the wastes enumerated in Paragraph 5.8, the District will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers. materials of construction of the sewers. nature of the sewage treatment plant. degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. N. National Categorical Pretreatment Standards. Upon promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, ¡fmore stringent than limitations imposed under this Ordinance for sources in that subcatego~·. 38 .-.....---.-...... '." -.... ..- ._.__...~.....----,..,,--- 12C b shall immediately supersede the limitations imposed under this Ordinance. The District shall notify all affected Users of the applicable reporting requirements under 40 CFR. Section 403.12. as amended from time to time, O. Alternative Discharge Limits. The Users(s) shall have the right to seck. at their expense, modified Categorical Pretreatment Standards by obtaining a removal allowance, using the combined wastestream fonnula, and/or obtaining a fundamentally different factor variance through the procedures outlined in 40 CFR. Part 403, as amended from time to time. P. State Requirements. State requirements and limitations on discharges shall apply in any ca.'!e where they are more stringent than Federal requirements and limitations or those in this Ordinance. Q. County's and District's Right of Revi!iion. The County and District reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this Ordinance. R. Excessive Discharge, No User shall ever increase the use of process water or, in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the County, District or State. S. Pretreatment Standards. 1. Users shall provide necessaJ'}' wastewater treatment as required to comply with this Ordinance and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regubtions. AI1y facilities required to pretreat wastewater to a level acceptable to the District shall be designed, constructed, operated, and maintained by the User at his expense with the prior approval of the District. 2. All records relating to compliance with the referenced pretreatment Standards shall be made available to the County, District. the State and the EPA for examination and duplication upon request at no charge. T. Slug Discharges. 1. Each User shall provide the District protection from slug discharge of prohibited materials or other substances regulated by this Ordinance. Facilities to prevent slug discharge óf prohibited materials shall be provided and maintained at the Owner's cost and expense. Detailed plans showing facilities and operating procedures to provide this protecti(\n shall be submitted to the District for m;ew. and shall be approved by the District before construction of the facility. Expenses for such review shall be borne by the User and paid prior to final approval for construction. All existing Users shall complete such a plan within one (I) year of the issuance of an Emuent Permit No User who commences contribution to the POTW after the effective date of this Ordinance shall be pennitted to introduce pollutants into the system until slug discharge procedures 39 12C b have been approved by the District. Review and approval of such plans and operating procedures shall not relieve the lndU5trial User from the responsibility to modify the User's facility as necessary to m~t the requirements of this Ordinance. In the case of a slug discharge, it is the responsibility of the user to immediately telephone and notify the POT\\' of the incident. This notification shall indude location of discharge, type of waste, concentration and volume., and corrective actions. 2. Within five (5) days following a slug discharge, the User shall submit to the District a detailed written report describing the cause of the discharge and the measures to be taken by the uscr to prevent similar future occum:nces. Such notification shall not relieve the user of any expense, loss., damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Ordinance or other applicable law. 3. A notice shall be pennanently placed on the User's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge, Employers shall ensure that all employ~s who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. U. Reasonable Service Conditions. I, The District reserves the right to refuse to provide, or to cease providing, water or wastewater service to any cOMector for reasons which shall include, but shall not be limited to, use of water or contribution of wastewater in such manner or fonn as to be injurious or detrimental to the general welfare of its customers or the community. The District may require that pretreatment flow regulations. or other remedial, preventive, or cort'CCtive facilities be installed at the expense of the connector, when the situation so warrants the provision and use of such facilities. 2. The District shall have the authority to halt or eliminate immediately and effectively, upon notice to the User in accordance with Section 7.S of this Ordinance, any actual or threatened discharge of pollutants to the POTW which presents or may present an imminent or substantial endangennent to the health or welfare of persons. V. Baseline Report. I. Within 180 days after the effective date of a categorical Pretreatment Standard. all Industrial Users subject to Pretreatment Standards shall submit to the District a report containing the following information: (a) The name and address of the facility including the name of the operator and Owners; (b) A list of any environmental control permits held by or for the facility; 40 12C 6 (c) A brief description of the nature. average rate of production and Standard Industrial Classification of the operations. This description shall include a schematic diagram of points of discharge to the POTW from regulated processes; (d) The measured maximum single day flow. peak one hour flow, and the average daily flow from each process stream. in gallons per day; (e) The Pretreatment Standards applicable to each regulated process. The User shall submit the mults of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each process. These samples shall be representative of daily operations and include both maximum and average daily concentrations. Where fea.~ible. samples must be obtained through flow proportional composite sampling techniques specified in the applicable Categorical Pretreatment Standard. Where composite sampling is not feasible. a grab sample will be accepted. Wnere stream flow is less than or equal to 250.000 gallons per day. the user must take three samples within a two-week period. Where stream flow is greater than 250,000 gallons per day. the User must take six samples within a two-week period. Samples should be taken immediately downstream from pretreatment facilities if such exist. or immediately downstream from the regulated process if no pretreatment exists. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, or amendments thereto. Where 40 CFR Part 136 does not contain sampling or ana1ytical techniques for the pollutant in question. or where the Public Works Administrator detennines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question. sampling and ana1ysis shall be perfonned by using validated analytical methods. as approved by the District and the Administrator. The District may allow the submission of a baseline report which utilizes only historical data if the data provides infonnation sufficient to determine the need for pretreatment measures. The baseline report shall indicate the time. date. and place of sampling and methods of analysis and shall certify that such sampling and analysis is representative ofnonnal work cycles and expected pollutant discharges to the POTW; and <0 A statement reviewed and signed by an authorized representative of the Industrial User and certified to by a qualified professional engineer indicating whether Pretreatment Standards are being met on a consistent basis and. if not, whether additional operation and maintenance and/or additional pretreatment is required or the industrial user to meet the Pretreatment Standards and Requirements. 41 _.- _._---_..~~ -.-..-+---.-..-.. 12C 6 I W, Compliance Schedule. The District shall require Industrial Users to develop compliance schedules required to meet Pretreatment Standards. The proposed compliance schedule shall be submitted to the District for n:view and approval. This schedule shall be the time limits required for industrial users to provide additional pretreatment and/or operation and maintenance in order to meet these Pretreatment Standards. The completion date of this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. The schedule shall contain incl"t!ments of progress in the fonn of specific dates for completion of major events leading to the: construction and operation ofrequired prematment facilities necessary for the: Industrial User to meet the applicable Pretreatment Standards. No inaement of such schedule shall exceed nine (9) months. No later than 14 days following each date in the schedule and the frnal date for compliance, the Industrial User shall submit a progress report to the District including whether or not it complied with the increments of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay and measures being taken to return to the schedule established. X. Compliance Date Report. A Industrial User subject to the National Categorical Pretreatment Standards and associated Prematment Requirements will submit to the District within ninety (90) days following the date for final compliance with said Pretreatment Standards and Requirements, or in the case of a new COMector following commencement of wastewater discharge to the POTW, a report indicating the nature and concentration. as well as the maximwn single day, peak one hour and average daily flow, of all pollutants limited by said Pretreatment Standards and associated Pretreatment Requirements being discharged to the POTW. This report will indicate whether the applicable Pretreatment Standards and Requirements are being met on a consistent basis, and if not, what additional operation and maintenance procedures and/or pretreatment will be implemented to bring the user into compliance with the applicable National Categorical Pretreatment Standards and associsted Pretreatment Requimnents. This statement shall be signed by an authorized representative of the industrial user and shall be certified by a qualified engineering professional. Y. Periodic Compliance Reports. I. A User subject to the National Categorical Pretreatment Standards and associated Pretreatment Requirements will submit to the District during the months of Jl.D1e and December. unless required more frequently in said Pretreatment Standards or by the District, a report indicating the nature and concentration of pollutants in the effiuent which are limited by the referenced Pretreatment Standards. In addition, this report will include a record of the maximwn single day and average daily flows being discharged during the reporting period. At the discretion of the District and in consideration of such factors as local high or low flow rates., holidays, budget cycles, etc., the District may decide to .Iter the months during which the compliance reports are to be submitted by a particular User. These reports shall be signed by an authorized representative oCthe industrial user prior to submittal. 42 t2C ó 2, The District may impose quantum limitations on Users in order to meet the applicable National Categorical Pretreatment Standards and associated Pretreatment Requirements, or in other cases where the imposition of quantum limitations are appropriate. In such cases. the compliance report required by subparagraph (I) of this Paragraph will indic3te the quantity of pollutants regulated by said Pretreatment Standards to be discharged by the user. These reports will contain the results of sampling and analyses of the discharge. and will include a I'1:cord of the flow, nature and concentration, or quantity in pounds where requc:sted by the District of pollutants contained therein which are limited by the applicable Pretreatment Standards and associated Pretreatment Requirements. The frequency of monitoring will be prescribed in the referenced Pretreatment Standards. All analyses will be performed in accordance with the procedures established by the Administrator pursuant to Section 304(g) of the Clean Water Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling \\ill be pcrfonned in accordance with the techniques approved by the Administrator. It should be noted that where 40 CFR, Part 136 docs not include a sampling or analytical technique for the pollutant in question, sampling and analyses will be perfonned in accordance with the procedures set forth in the EP A publication entitled "Sampling and Analysis Procedures for Screening of Industrial Effiuents for Priority Pollutants" dated April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator. M. Monitoring and Inspection. A. Monitoring Facilities. The District shall require construction, operation and maintenance, at the User's expense, of monitoring facilities to allow inspection of the building sewer and/or internal drainage systems, and sampling and flow measurement of the waste being discharged to the POTW. Appropriate valving shall be included in design and construction of such facilities to halt discharges immediately and effectively under situations described by Paragraphs H and I of Subsection Five. The monitoring facility should normally be situated on the User's premises, but the District may, when such a location would be impractical or cause undue hardship to the User, allow the facility to be constructed in the public right-of-way and located so that it will not be obstructed by landscaping or parked vehicles. Ample room shall be provided in the area of such sampling manhole or facility to allow accurate sampling and preparation of samples for analyses. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the User. Whether constructed on public or private property, the sampling and monitoring facilities shall be constructed in accordance with the District requirements and all applicable local construction standards and specifications. B. Inspection and Sampling. The District shall inspect the facilities or any User to ascertain whether the purpose of this Ordinance is being met and that all requirements are being 43 """11,11...1 \~"h. ,..,...n. IIf """"I''''''. tt' III. 1"'!tII... '" h.,. \lllII.I.VltIlI., I, l...h'lI ..".,,,1""11,,.1 .11''''''''11",1 II. I".. ,.t ITW wtlllllltll\l III.. ,.",.,,,"'1111\1... IIf 1111' /)1.ltll'l. lit.. 1111111" III lit.. 11,." ",,,,I.. 111111..111 HI 1111 '''8"",,"hlll 111111" 'n ..II ",nl" nf Ih. ",.mi... 1m Ihl ""111""1" IIf hl"",,,llIlIn, IAlnplin8. record, cxamlnatlon and records duplication or In tho performancc of an)' of thalr d..lllnltl.d dlltln Colli., Count)'. Dlltrlol. Iha 81a.. en'" Ihe nrA .hell havI Ihl ,I.hlln .ellll' on It.e lIsc:.. s property :!uch devIce:! 113 arc necessary 10 conduct samphn~, Ißspc':llon, complUU1ce monitoring andlor mctering operations. In those cases \\.'here a User has security measures in force which would require proper identification and clearance before entry into their premises. the User shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from Collier County. District, the State and the EPA will be permitted to cntt'r, without delay, for the purposes of performing their specific responsibilities. C, Powers and Authority oflnsp.:ctors. I. Duly authorized employees of the County or District bearing proper credentials and ido:ntification shall be admitted to all properties for the purpose of inspection. observation, measurement, sampling and testing pertinent to diseharge to the sewer system in accordance with the provisions of this Ordinance. 2, \\o'hile performing the necessary work on private properties referred to herein, the authorized employees of the District shall observe all safety rules applicable to the premises established by the Owner. 3. Duly authorized employees of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling. repair and maintenance of any portion of the wastewater facilities lying \\ithin said easement, shall be done in full accordance with the tenns of the duly negotiated easement pertaining to the private property involved. ~. Violations. A. Penalties, I. r f an)' person fails or refuses to obey or comply with or violates any or the provisions of this Section Six, such person upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fme not to exceed Two Thousand Dollars (S2,OOO) or by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion oftbe Court. Each violation or non. compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. 2. Nothing herein contained shall prevent or restrict the County or District from taking such other lawful action in any coW1 of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other 44 12C b lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. 3. Further, nothing in this Subsection Seven shall be construed to prohibit the County from prosecuting any violation of this Section Six by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes, 4. All remedies and penalties provided for in this Section shall be cumulative and independently available to the Count)' and District and the County and District shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. B. Authority to Disconnect Service. I. The District may terminate water and wastewater disposal services and discoMect a User from the system when: (a) Acids or chemicals damaging to sewer lines or the treatment process are released into the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment ofwnstewater; or (b) A governmental agency informs the District that the effluent from the wastewater treatment plant is no longer of a quality permined for discharge into a watercourse, and it is found that the User is delivering wastewater to the District's system that cannot be sufficiently treated or requires treatment that is not provided by the District as normal domestic treatment; or (c) The User: (i) Discharges industrial waste or wastewater that is in violation of the permit issued by the approving authority; (ii) Discharges wastewater at an uncontrollable, variable rate insufficient quantity to cause an imbalance in the wastewater treatment systems; (iii) Fails to pay a monthly bill for water or sanitary sewer services when due; or (iv) Repeats a discharge of prohibited wastes into public sewer. C. Suspension of Service. 1. The District may suspend the wastewater treatment service and/or effluent permit when such suspension is necessary, in the opinion of the District. in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment. causes interference to the POTW or causes the District to violate any condition of its NPDES Permit. 2. Any person notified of a suspension of the wastewater treatment service and/or the effluent permit shall immediately stop or eliminate the contribution. In the 4S 12C 6 event of a failure of the person to comply voluntarily ,,;th the suspension order, the District shall take such steps as deemed necessary including initiation of legal action by the County Attorney and immediate severance of the sewer connection. to prevent or minimize damage to the POTW system or endangerment to any individuals. The District shall reinstate the emuent pcnnit and/or the wastewater treatment service upon proof of the elimination ofthe oon-complying discharge. A detailed written statement submitted by the User describins the causes of the harmful contribution and the measures taken to prevent future occurrence shall be submitted to the District within t S calendar days of the date of occurrence. D. Re....ocation of Permit. I. Any User who violates the following conditions of this Ordinance or applicable State and Federal regulations, is subjeet to ha,"ing his permit revoked in accordance with the procedures of Section 7.5 of this Ordinance: (a) Failure of a User to report factually the wastewater constituents and characteristics of his discharge. (b) Failure of the User to report significant changes in operations, or wastewater constituents and characteristics. (c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring. (d) Violation of conditions of the permit. E. Notice of Disconnection, Suspension, Revocation. The District shall notify User in writing prior to disconnecting, spending or revoking User's service or permit. Said notice ,,;11 inform User of the sections of this Ordinance he is violating, state what corrective action must be taken, and state Ù1e time period necessary for said corrective action. Failure to comply with the notice will result in disconnecting, suspending or revoking User's service or permit. However, District may disconnect, suspend or revoke User's service or permit prior to notification in emergency situations. User will be notified immediately after said action is taken. §,j. Confidential Information. A. Confidential Infonnation. t, Information and data on a User obtained from reports, questionnaires, permit applications, permits and monitoring programs and inspections shall be available to the public or other governmental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction ofÙ1e District and County that the information is not public record and is clearly within an exemption outlined in the public record laws of the State of Florida. 2. When requested by the User fwnishing a report, the portions of said report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to the governmental agencies for uses related to this Section, the State disposal permitting system and/or the State and Federal pretreatment programs; provided, 46 ~------' 12C 6 however, that such portions of a report shall be available for use by the Stale or other Stale agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics "ill not be recognized as confidential informalion. B. Not"ithstanding any of the provisions of this Subsection. nothing shall be construed or interpreled 10 require Collier County or the District to violate any pub!íc records laws of the SI;\te of Florida. allowing public access to records of Collier County and the District, nor shall it require Collier County or the District to violate any United States Government or Fedeml act or law, requiring disclosure of public records. Any release of information or disclosure made by the COWlty or District in order to comply with such laws should not give rise to I cause by any User. based on the release of such information. ~. Service Charges and Fees A. Purpose. It is the purpose of this Section to provide for the recovery of costs from Users of the District'!! wast~water disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth by Resolution of the Collier County Board of County Commissioners as the governing body of Collier County, Florida. and as ex-officio the governing board of the District. B, Service Charges. It is hereby determined necessary to fix and collect sewer service charges from customers. These service charges shall be published separate from this Ordinance and the revenue received shall be used for operation, maintenance, debt retirement and other authorized expenses. C. Charges and Fees, I. The District may adopt charges and fees which may include: (a) Fees for reimbursement of costs of sening up and operating the District's pretreatment program; (b) Fee for monitoring, inspection and surveillance procedures; (c) Fees for reviewing accidental discharge procedures and construction; (d) Fees for permit applications; (e) Fees for filing appeals; (t) Fees for consistent removal (by the District) of pollutants otherwise subject to Federal Pretreatment Standards; (g) Amount of effluent bond; (h) Fees for special arrangements; and (i) Other fees as the District may deem necessary to cany out the requirements contained herein. G> These fees relate solely to the matters covered by this Section and are separate from all other fees chargeable by the District. SEerlON SEVEN. Penaltig. Unless another penalty is specifically provided for, any person v.'ho violates any section or provision of this Ordinance shall be prosecuted and punished as provided by Section 12S.69. 47 "-"'-";- <-,,_..,~.,,+<,- 12C b Florida Statutes. Each day the violation continues shall constitute a separate offense. Additionally. the Board may bring suit for damages or to restrain. enjoin or otherwise prevent the violation of this Ordinance in the Circuit Court of Collier County. SECTION EIGHT. Conflict and Sevenbillty. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health. safety. welfare. and convenience. If nay section. phrase. sentence or portion of this Ordinance is for any reason 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 portions thereof. SECTION NINE. Repeal or Ordinances. Collier County Ordinance Numbers 74-28, 75-5, 75-20, 76-38. 77-9, 77-19, 77-44. 77-57, 77-58, 79-3. 79-25, 79-103, 80-43. 82-38. 83-38, 83-39, 83-40, 83-49, 84-35, 840062, 85-19. 85- 47,85-49,85-69, 85-8t, 86-67. 86-73, 87-28. 87-46,88-4,88-34,89-2.89-80.910069,91-80,92- 26.92·64,93-30,95-70,95-72 and 96-7 arc hereby repealed and superseded in their entirety. ~ON TEN. Indusion In tbe Code or 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, F1orida. 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. SECTION ELEVEN. Effective Date. This Ordinance shall become effective upon being filed with the Department of State. PASSED AND DUL Y adopted by the Board of County Commissioners this day of . 1997. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney @ .I NAPLES DAIL. Y NEWS Pubhhed Deily Naples. FL 33940 t2C 6· Affidavit of Publication State of Florida County of Collier Before the undersigned authority I personally appeared R _ T.~mh . who on oath says that they serve as tt~_---A~~t:· C"nrp & !=\~~r~t.~ ry of the Naples Daily. & daily newspaper published at Naples. in Collier County. Florida; that the attached copy of the advertising. being a ~11" ,ow .-,.,., :JIIo ~ ...,0'1:",; ~.~~., :ti... . ....... "!t .. ~,..:. {, to' ,t Ju .,.. ~nti~p n~ Tntpnt t:n rnn~iñpr nrñin::tnt"'p in the matter of I1ni~nrm nti1ity nrrHn('lnrp .....r I' .. was published in said newspaper , times in the issues starting on Q I 1 ? / Q 7 J'!nd ending Of" Aff.ant further says that the said Naples Daily News Is a newspaper published at Naples. '" said Collier County. F1òr1da. and !hat the said newspaper has heretOfore been c:ontinJOuS/y PublIshed In said ColDer Cotxrty. Florida. each day and has been entered as Second clasS mal matter at the post office In Naples. In said CollIer Cotx1ty. FlorIda. for a period of 1 year next pi ececIng the ft'St plblcation of the attached ooçy of advertisement; and affiant further says that he has neither paid not pron'IIsed arr¡ person. firm ~ corporation ~ rebate. commiSSiOn ~ refund for the purpose of seo.ring this a ' t fO/' publication In the said newspaper. .) J A /.5 . ",/ \ (SIgnature of Affiant) Sworn to and subscribed before me thi'S 12 day of September 19--27 .1 . ,; .öiIií: .,.,. .. ."fI. ..... ......' . . ....... ,.. " . . . . .. 7'1/";" {ì. f1~.:;.... (Slgnatt.re of notary pI.bI , .......... Juclth A. f\anÏOlII f~:i' ~:\ MÝ COMM1SSIOH , ccsœ781 EXPIRES :... : , f~ 19 2000 ,& 'If ".,., F~ ~'Ø., ø;, "',Ii'" ';:<!,.., øONOEO t!RI '.R:..," 41 ..'. ... 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ØI) ,,,. ~ metw COI.1edIoI1I tI1CIt provlcM óto ....-c .. __ wotw IIIOOt 01 evIdItnc:ed by r~ Ir:r ,.,..,., dItIdtd IIICIQt tohaII be ~ ø;k~;; ~ ~~ rWdenc.... mufII..farnIty r.... 0..011,"'" r~. moOIIe home '"'" =~ boftIlMno unft 12'0..10 II*' monIft EodI ..4dIIIo.1owf baffllMno unit s.uo P«' monØI ~~""'¡fgI, EodI 'odlrty sholl be ÞaIecI upon ttIe ~ 01 the ""lowing units contoIned "!~ molt! and troller rental ~ l!odIWIIt 'IO'I~II*' =-~~~~~ ...., ~""""1aI .... ~ W-:;t to ctII.rdIft. ~ ~ III'Q~. ~ ~ fuctIIttes. fire Pottons ~". ~Mf'__ :t!~·-~ã':'::.¡¡:= ~vtw lei" CIGuM: F¥nC __ Ratw (SIMGoI)· .,..".~ II U IA4 .~ wI lair! 1 .1A4 Amt. to odd to ..1Ift'Io ".,... .......;1QI . IkrItI o II SAdL Arrtt. to odd to ..bftno r.. ....., N\GIIIeI ... ". 0...... lllAdI. Amt. to odd to edstlno .... Cornmerdol 1.1771 II: SAcI. Ami. to odd to e~ ,.... CaIn ~....Idt .... . 1AdI. Amt." add.. eJdlllnO ,.... Itftbrant ..-1I«Jf ~~~m: ~~"'MEoooo; I. WoIw &01 ~ AWIIIabIIItv Charge: J/4 IndI rMtef' ffi16.OO'" monIft I Inch "..... ».00 ... ~ ~~~ . IJ::::~ J IndI mefier ,226.00 ... monItI 4 IndI m.twr W 1.00 II*' monItt , 'nd! metw '701.00... monItt . IncII me1w , 1-",.00 pet' monftt (Þ) Volume Charge per _ ttIoutarid QoIIonr. (J/M9f) f1I UIOgr. All usaoe SJ. n , MoaI P\rCNWd Wa!w A4\IIfmerrt CJause: (...... FWSC VGtume Charoe . Old FWSC Volume ~ 0.71 EJrfsffng GoodIand '/MgoI + ~ Hew GoodoncS II MoaI factDr Is IIHdId 10 ~ b' ~ far WGtw and ..... change In ttIe monItIIv ftxed chc:rve from FWSC. PROV1OWG OTHER OiAAGE$ Of< THE COLLER COUNTY WATER·sewER OtSTRIC!,_THe MARCO WATER.v:o SEWER OISTICT AND II'tI: GOOOlAND ~~,yÆT~;~~<:~~S~Aft~l~~ N/fO THE ~-... CH_GES: L,..... She ~ Tapping Charve JI~ '260.00 ,. $3$0..00 1 'IJ· $500.00 T woo.oe 2. The ~ Iht of c:tocroeI II <HIU¡Iahed for ..... IWYtces: Hew Accounts '20.10 IMtw RtrI'ICMIII or l.oå ..... Turn On AtIw Houn !I Meofw RtmIMII or l.odI AtI'tr Houn , NIefw InIftaI Re-Reod $20 ~ T.stl2nd Re-Reod I3SJIO Non-E,,* ge,",V Shut Oth SSOJIO Account Rtfnsær.mtnt (Ins than or equal to 15 davsl 130.00 (Plus tufl poyment t.II'Id def/quency teet) Account R~lnstahtment (greater "-' IS da'<,,) SSOM 3. EftIuent~~~~~~ ....... .....1.....'__ ,."...... A... ___;"_~""'''<''''''''',~__",,,,;,,,'~''''''''_",,,,_,,,,,,''''n_____~'''''~'_~c._;______,......-.._ So E1nuo'lnt ~ ~ In eoctI D_1et IhJII 0. It 1M~~ ". Ie} s.rvtc. A~., ~ (f) ~( Meofw.,d 1r'r1gaf\ð<.. ~/1 and J/4"'<It ~ 1 ;nctI ~ 1 ., IndI M9t.,. 2 Ind'1 ....,.,. J IrCtI met... 4 !nd'o "...... ...Ind,.......... 1 IndI me+er ,. !rod! ....,. 1~= (I)V~ ~ 1,ÞOO0cIII0m; ~ "" s.arw:. ..... .0.51 ~ """""ed cae. hr'vIot R-.. SO.» PROVIO;H<; RE;C'ooIA,AT1OfCS ,()lit APPUCA11Ot1 FOR ~RV1CT.: TO THE c.ou.lEIt CQVNTY WA TEIt SEweR ~TI!ICT, TM{: MAHto W...~ N«J IEwat Of$. MICT Ai«.) n1E GOOOLAHo WATU Of$TRICT' P>lOVIO\NG LWJTAT1Qt./'S, 01' USE.. t:OHTINUITY õit !IEJIYY.'E IhCLUDfNG .... LIHG OtSfI'JTES AMD 5T AN- DAADS Of' ~VK& MAlNTI'!NAHŒ A.HD 1tt!P~ ~ 0V10IHG F' o.c .-,cQPER T Y O'I'nER'S llAotll..... T F'J'I 0""""'(;.4: TO eQVIP~~O',(10tNG FOft~ çUfIT'( DEP':nln 0I'f WA, '='" AHO 1EWØ C().n(T$; P1ItOVOlteG FOR PftGf'1!ltTY ~ lt~rTY F()Iit WATEP seRVICE AHO œ8T}~ PQ OVlOtNG FOR DATES au...s AAE AHO IA:t..H:lUEUT· OtSCOHTINUANŒ OF SERva FOR N()H-PA OM,N-Tj.,f::'!OVIOßoIG FOR REltcSTAT1:. "'.E~ FOL1.O¥mIG UD<..OHTINVEO 5ERV1CE: f'!it().. ViO!HG F'OR blL...JNG PAYMENT WHEN II.ETER s.eÇOMES DEFEc:-rI~ RIGtfT OF EN1'R 0( Of- AU- ~IZED AC.eN1'S Vf'l t"M<>t.OYEES' PROVI01HC FOR WÞ TLR ~L C.OMPt.AINT!-; P1ItOVIOtNC. I"OR ~,¿~T~tQ~~O c.r~;:-cf;~:.t'?oV!:i: 'rEF AI40 ~WER \YSTëMS; PRQ',IIOIN(, FOR EX. CE;:>Ti0f<'5 TO C.ONI'4£'CTI<JNS; PROIl1O<NG ~OR C.OHNé.<. T~ TO 8f' MAt*: BY THE C.OLLIER (O\)joTY "ATE'! !>EWE'" OISTPI::T, Tlit: MARCO WATER "1<) SF'.VEIt ,)::'TRIÇT 011 THE C<X:Ot..AHO ...., rE~ O<STRIÇT' P"<OVII)".(, FOQ lJHLAll'iF\JL COtlHO::CTIO"{S pqÓ+i.e'TFC'; f"H'J/IDIN(; F'(,~ FAIL. UJ¡F.: rç M.>,INT AItI Pl. UMB,"''; ~ YS 'E.M; WQVIO¡1'fQ F-~ lJ,.., \0 ~<:"'S TO CO~ TIT L'''E ,> liE"" ~O. VIC/I"Ç r;)p Ii') "IIF-I: ~.eRVlcr; ;:>RO\.'/I)¡..,t, F'.JR ~I::PAF.AT[ CONÞÆCTt('~¡<; F-04< eACH ~?AR."T1: \¡~PPOV\c.~"OM lAWN 5l'RINr:l".:; 'ŒGlILA- ~~r'~~['rrW~~~~~GN~' /:t¿~\~ Pt:10··rf)".<.. !:,(,-:rpT:OhS T') LAWN ~NI(LING RE~Ji.."nC~__~TTI~G F'~ fH T"£ (:fry Of- .......ØI..!:S ';oEQVIU: J.REA ANO P1<X~E Tr, F.:X. "....0 E"'IST~ OtSTR~JTIV'" .......·:'£P ""'''INS IN10 ¡~cCJr_~f~E:~~~1;y SE,,·!tJf/'Ü~~~T D~~ GOQ()o_AIIC' .....ATER Dt'>T~K.T; pP.0VlUillC, U:WEn J$E RE",7Jlf\:TIO~ WIT':IN TIiE' ':OtliE:R CCl'NTY ~~E.i:'~~ ~~:S -?~~~ ~ ¡~;:) V~ ~~610 ..,;;\.~E: TtP DI~T~IC" P~;)VIO!Y.> FQq ~t;PP~F"'''NTAl. SC:R..ICE CHAJGES FOf" Dt5oC>-'APGE 0" ".¡!,~TI'S; ~f)\i'OING F~ r:liLE", MIO </I':GI.;:..6 TlÇN~, ~E. _A',~;(; T() (.11' DIS(;HAJ~Gf: OF I1;O\.'$H.I."L WAS TF ~C ,¡OtNf'.. FijR ¡;F"'lU!:~1T r::JAlI,Y ev"":J PRú-IOme. FO" THF uS#'. 0F PtJ8L<' WA.5~~WATER '''~TEM PRCVIOtNe. FOf> THE PRo. HeI1'IC~IS vI: GE:N~f.!A:" WASTEWA.TER Ol~ CH.-\?GES' PÞ"CiVIDING FuR "'A)(IMU..... .....Þ....TE.......'r1,;¡ cr,ÞOK:..E.NrRATlONS A' LV"'!.:') PSI:). V~HG 1'0'< ~OVAL AND MÞlINTE-.ANê.: Of' ¡>nET"'~1,..£..", FACILiTIE~ FRO·/IOING F0R Us.e 0.: ~NTE<lr£P-r()QS "'''0 ,-ONTROL ...\A.H....OLES. pt(OV:QINe. ~Of/. Mf'A~URE,,^ENTS ANO TESTS' P9.0VIO'HG 1'04< ~r:;¡.'\L APR t\NCÆ:MENTS ANØ D€TtPM/~ATIf):'¡ OF ^CCEP"lABllITY' Pi'lOVIOIN<:; FO;> N" TlùNAI, CA TE(·QRICAL PQE 'rRE:A TMENT S:.~,'ROS PROldDINt; FOR "L TERNATIVE DfS- Cr:AAGE LIMITS; PROVtC,ING F~ SfA1E: REQUIRE. ~~~J.h~'b":?S~~~?;:i RJft'}E O{T~~~~tT \N~ Q\..'IQEV;':NTS P'H.'VIO'~G FO« EXŒ5SIV1:: Dt::;" CHA"ûE' PPO'¡I{)II¡G F0R PQETPEATMENT ~TANO^ìj!:»: P9QVIOINC, FOR SLUG DI5oCHARGES; P9.0V1{)'N(; F()f> RE:A~~~AblE :;ellVIŒ COHO\- TIOI'c5 ~O '¡1i)Nv 8ASE_IN£ ¡;rpOQ T, PROvlQl"fG COMP\.~"""..E SCHF.DUU:, COMPLIANCE :<EPœT A~ ;>EP,OO'C COMPU,ðNCE REPOPTS; f>1;!OVIOINC F'()f¡ MONI1'()f¡ING A~'O ''''5PEC TIONS; PROV1OtNG fOP Pf:NA'" T;f::'. VI('L:'-~IOI'¡S Dt5C.O"lNECT Of' <u:lvICE ~~EN>K'N OF SF.PVIŒ, ReVOCATION Of' <>€R}~íT. PROVIDING I'GR ~R VICE CHARGES ,1.,.;,0 FEES' PROVIOII't(; FOR P!:NAL. TIES; f>1;!0V1(). H>ofG FOP CONFL,CT ~ ND SEVF.RA8IUT....; PRove- ¡of(, F~ INCLUSION IN THE COOf': Of" LAWS AN) ~OiN"NCi'S 0' COl LlER COUN'~, PROV1OtHG F09. TI-'E' REPEAL OF COLLIER Cu<JNTY OROt- '""...c.ES NO'>. 74·n 75·', 75-W 76-JS, 71.". 77." n·~~ 71·)1 p.~ ~9.) h15 tÇ.l0J 10-<41 I;.~ UoJS: 13·~: 13.40' 83.1~. 14·35 ......2; 15-19' .s..c; .5-.9, s~-{>q. .5·& 1,J~7 ,~.7), .7.2IJ7.46..I1.~, .._~ fQ·2 .9-4<). ~ 1·'\'1, ,,1~) V;¡·'A,7'2-6. ",1-);), "S-70 t'S.,... .....a ~7j ~ IIC' PQOVIOIN(, AN EFi'E( 11VE OA T-E. Coc>~ '" "..., ør~ t'lt'IOrY.e err on "Ie w!tt\ ",. aan. 10 How: B\>ord on<! or. available lor I~..... Intw~ ~ ore Invited to artend and !)e het..rd. Arry Po·.on ...t\o œc!~ 10 oPØeQ 0 œclslon ot !he e..--d '¥III ""I'ed 0 rKOrd of IN! pr~nQS .-1......~ 1tIoW.... and "'-'If...., moy r.eed to ."".... II'1Ot 0 ".,._ bar\tn rKad "f the proc..,dI~ 1\ modII!. wtlk.h r......ord lnc'Ydls !hf! hnttmony 7\;J evld~nce uøon whlQ\ !he ~"'~d, &oAPO Of' CO' )NTY CCMMISS¡QNERS COL1.It:R couron Y FLORIDA T:MOT'iY L, H.APfC'OO<., Uit..IRMt..N OW'GH1 c.. 81-100<. CLLP~, 8'f: Is; F:;11e Hot'fmain, ~~~ , 12 12 C 6 ~~ ORDINANCE NO. 97-~ AN ORDINANCE TO BE KNOWN AS THE UNIFORM UTILITY OPERATING AND REGULATORY STANDARDS, PROCEDURES AND MONTIlL Y BILLING SCHEDULE ORDINANCE; RE-EST ABLlSHING TIlE MARCO WATER AND SEWER DISTRICT; DESCRIBING TIlE BOUNDARIES OF THE MARCO WATER AND SEWER DISTRICT; PROVIDING FOR THE MARCO WATER AND SEWER DISTRICT TO SUCCEED EXISTING DISTRICT; PROVIDING POWERS OF TIlE MARCO WATER AND SEWER DISTRICT; PROVIDING LEGISLATIVE INTENT FOR TIlE CREATION AND RE-EST ABLlSHMENT OF TIlE MARCO WATER AND SEWER DISTRICT; PROVIDING FOR THE RE- ESTABLISHMENT OF THE GOODLAND WATER DISTRICT;DESCRIBING THE AREA WJTIIIN THE GOODLAND WATER DISTRICT; PROVIDING FOR POWERS OF THE GOODLAND WATER DISTRICT; PROVIDING ASSESSMENTS OF THE GOODLAND WATER DISTRICT; PROVIDING FOR THE GOODLAND WATER DISTRICT TO SUCCEED EXISTING DISTRICT; PROVIDING FOR RATES, FEES AND CHARGES AND REGULATIONS OF THE COLLIER COUNTY WATER-SEWER DISTRICT, TIlE MARCO WATER AND SEWER DISTRICT AND TIlE GOODLA"'lD WATER DISTRICT; PROVrDING TIlE MONTHLY USER FEES FOR RESrDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE COLLIER COUNTY WATER-SEWER DISTRICT AS FOLLOWS: 1. Water (a) Service Availability Charge: (i) Individually Metered Residential. Non-Residential and Irrigation: 5/8 and 3/4 inch meter S 12.00 per month I inch meter S 24.00 per month 1 Yo inch meter S 36.00 per month 1 ~ inch meter $ 44.00 per month 2 inch meter S 69.00 per month 3 inch meter S 134.00 per month 4 inch mc:ter S 207.00 per month 6 inch meter $ 411.00 per month 8 inch meter $ 737.00 per month (ii) Multi-family Residential Property (master metered) First dwelling unit S 12.00 per month Each additional dwelling unit S 8.20 per month (b) Volume Charge Per 1,000 Gallons: (i) Residential and Multi-family (no separate meter for irrigation): 1 - 10,000 gallons S 1.45 10,000 - 20,000 gallons S 1.82 Above 20,000 gallon.'J S 2.28 (ii) Non-residential (no separate meter for irrigation): First block S 1.45 In excess of first block S 2.05 Non-residential First Block Usage Threshold: 5/8 and 3/4 inch meter 10,000 gallons I inch meter 25,000 gallons 1 Y. inch meter 40,000 gallons 1 ~ inch meter 50,000 gallons 2 inch meter 80,000 gallons 3 inch meter 160,000 gallons 4 inch meter 250,000 gallons 6 inch meter 500,000 gallons 8 inch meter 900,000 gallons 12C6 . I (iii) Residential or Non-residential Irrigation (separately metered): An usage $2.05 2. Sewer (a) Service Availability Charge: (i) Individually Metered Residential and Non-Residential Property: 5/8 and 3/4 inch meter $ 17.00 per month 1 inch meter $ 35.00 per month 1 Yo inch meter $ 53.00 per month 1 Yz inch meter $ 65.00 per month 2 inch meter $ 101.00 per month 3 inch meter $ 197.00 per month 4 inch meter $ 305.00 per month 6 inch meter $ 606.00 per month 8 inch meter $1,087.00 per month (ii) Multi-family (master metered) First dwelling unit $17.00 per month Each additional dwelling unit $12.00 per month (b) Volume Charge: (i) Per 1,000 gallons $ 1.96 (ii) Residential Maximum: The maximum volumetric charge for residential property shall be 10,000 gallon per dwelling unit 3. Dedicated Fire Systems (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter installed for ftre protection. (ii) Fire Service meter connections that provide domestic or other water usage as evidenced by regular monthly detected usage shall be billed according to regular water monthly availability and usage charges as described herein. (b) V olwnc Charge: (i) Per 1,000 gallons $ 1.45 PROVIDING MONTHLY USER FEES FOR RESIDENTIAL AND NON- RESIDENTIAL PROPERTIES IN TIlE MARCO WATER AND SEWER DISTRICT AS FOLLOWS: 1. Sewer (a) Residential (i) Single family residences, multi· family residences, apartment residences, mobile home residences, Each one bath living unit Each additional bath per living unit (b) Non-Residential. Each facility shall be billed based upon the total of the following units contained therein. (i) Hotel, motel and trailer rentaJ units: Each unit (ii) Commercial, office, institutional. recreational and industrial toilet units (not to include industrial waste) (Institutional shall include but not be limited to churches, Property owners, association facilities, government service faciliti~ fire stations and schools); Each toilet unit $36.95 per month (iii) Commercial and coin laundry washer units; Each washer unit $20.80 per month $ 4.60 per month $10.15 per month $18.50 per month 2 12 C b 1 " (iv) Restaurant and lounge seating units; Each seating unit S 3,25 per month Wa.~lewater Adjustmcnt Clause: [ New FWSC Volume Rate (SlMgal) - Old Volume Rate) x 3.6 = SAdj. Residential wi Single Balh 1.0000 x SAdj, '" Amt. to add to existing rate, Residential _ Additional Bath 0,2222 x SAdj, = Amt. to add 10 existing rate. HotellMotel per unil 0.4889 x SAdj. = Amt. 10 add to existing rate. Commercial 1.7778 x SAdj. '" Amt. 10 add to existing rate, Coin Laundry per unit 0,8889 x SAdj. = Amt. to add 10 cxisting rate. Restaurant per seat 0,1556 x $Adj. = Amt. to add 10 existing rate. PROVIDING MONTHLY USER FEES FOR RESIDENTIAL AND NON- RESIDENTIAL PROPERTIES IN THE GOODLAND WATER DISTRICT AS FOLLOWS: 1. Water (a) Service ^ vailability Charge: (i) Individual Metered Residemial. Non-Residential and lrogation: '¡' inch mtter S 16,00 per monÙ\ I illch meter S 37,00 per month 1 !/, inch meter $ 72.00 per month 2 inch meter $ 114,00 rx:r month 3 inch meter $ 226,00 per month 4 inch meter $ 351.00 per month 6 inch meter $ 701,00 per month 8 inch metcr S I ,259,00 per month (b) Volume Charge per one thousand gallons ($lMgal) of usage: All u~,ge $3,92 I Mgal Purchased Water Adjustment Clause: [New FWSC Volwne Charge - Old FWSC Volume Charge] = Adder 0.78 Existing Goodland SlMgal + Adder = New Goodland $lMgal factor is needed 10 adjust for unaccounted for water and Ù1C change in the monthly fixed charged from FWSC. PROVIDING OTHER CHARGES OF THE COLLIER COLiNTY WATER-SEWER DISTRiCT, THE MARCO WATER AND SEWER DISTRICT AND THE GOODLAND WATER DISTRICT FOR fNSTALLA TION, TEMPORARY METERS, USER FEES, LATE PAYMENT FEES AND THE FOLLOWING CHARGES: I. Meier Size 3/4" Meter Tapping Charge $260,00 $350,00 $500.00 $600,00 1" 1 V,' 2" 2, The following list of charges is established for user services: New Account~ $ 20.00 Meter Rt.:moval or Lock $ 50,00 Turn On After Hours S 50,00 Meter Removal or Lock After Hours $100,00 Meter Initial Re-Read $ 20,00 Meter Test/2nd Re-Read $ 35.00 Non-Emergency Shut OtIs S 50,00 Account Reinstatement $ 30.00 (plus full payment (1ess than or equal to 15 days) and delinquency fees) Account Reinstatement S 50,00 (plus full payment (greater than 15 days) and delinquency fec:s) 3 ,.,.........,..,,~......,...,.._"'_._ _... w.___'· ._.~ --- -' 12C6 .., 3. Effluent irrigation usage in each District shall be at the following schcduJe: (a) Service Availability Charge: (i) Individually Metered Irrigation: 5/8 and % inch meter I inch meter 1 Y2 inch meter 2 inch meter 3 inch meter 4 inch meter (b) Volume Charge Per 1,000 Gallons: Full Service R.eux Master Metered Bulk Service Reuse $ 4.35 per month $ 10.90 per month S 21.75 per month S 43.50 per month S 87.00 per month $174.00 per month S 0.13 S 0.13 PROVIDING REGULATIONS FOR APPLrCATION FOR SERVICE TO TIlE COLLIER COUNTY WATER-SEWER DiSTRICT, TIlE MARCO WATER AJlc1) SEWER DISTRICT AND THE GOODLAND WATER DISTRICT; PROVIDING LIMITATIONS OF USE, CONTINUITY OF SERVICE INCLUDING BILLING DISPUTES AND STANDARDS OF SERVICE., MAINTENANCE AND REPAIR; PROVIDING FOR PROPERTY OWNER'S LIABILITY FOR DAMAGE TO EQUIPMENT; PROVIDING FOR SECURITY DEPOSITS ON WATER AND SEWER ACCOUNTS; PROVIDING FOR PROPERTY OWNER'S RESPONSIBILITY FOR WATER SERVICE AND BAD DEBTS; PROVIDING FOR DATES BILLS ARE DUE AND DELINQUENT; DISCON11NUANCE OF SERVICE FOR NON-PAYMENT; PROVIDING FOR REINSTATEMENT FOLLOWING DISCONTINUED SERVICE; PROVIDING FOR BILLING PAYMENT WHEN METER BECOMES DEFECTIVE; RIGHT OF ENTRY OF AUTHORIZED AGENTS OR EMPLOYEES; PROVIDING FOR WATER BILL COMPLAINTS; PROVIDING FOR METERS, LOCATION AND CHARGE FOR MOVING; PROVIDING FOR REQUIRED CONNECTIONS TO WATER AND SEWER SYSTEMS; PROVIDING FOR EXCEPTIONS TO CONNECTIONS; PROVIDING FOR CONNECTIONS TO BE MADE BY TIlE COLLIER COUNTY WATER-SEWER DISTRICT, THE MARCO WATER AND SEWER DISTRICT OR TIlE GOODLAND WATER DIS1RICT; PROVIDING FOR UNLAWFUL CONNECTIONS PROHIBITED; PROVIDING FOR FAILURE TO MAINTAIN PLUMBING SYSTEM; PROVIDING FOR UNPAID FEES TO CONSTI11JTE A LIEN; PROVIDING FOR NO FREE SERVICE; PROVIDING FOR SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT; PROVIDING FOR LAWN SPRINKLING REGULATIONS; PROVIDING FOR HARDSHIPN ARIANCE PROCEDURE TO LAWN SPRINKLING REGULATIONS; PROVIDING EXCEPTIONS TO LAWN SPRINKLING REGULATIONS; SEITING FOR11ITIIE CITY OF NAPLES SERVICE AREA AND PROCEDURE TO EXTEND EXISTING DISTRIBUTION WATER MAINS INTO TIlE COLLIER COUNTY WATER-SEWER DISTRICT, MARCO WATER AND SEWER DISTRICT OR TIlE GOODLAND WATER DISTRICT; PROVIDING SEWER USE RESTRICTIONS WITIJIN TIlE COLLIER COUNTY WATER-SEWER DISTRICT; PROVIDING FOR SUPPLEMENTAL SERVICE CHARGES FOR DISCHARGE OF WASTES; PROVIDING FOR RULES AND REGULA TIONS RELATING TO THE DISCHARGE OF INDUSTRIAL WASTE; PROVIDING FOR EFFLUENT QUALITY BOND; PROVIDING FOR THE USE OF PUBLIC WASTEWATER SYSTEM; PROVIDING FOR TIlE PROHIBmONS OF GENERAL WASTEWATER DISCHARGES; PROVIDING FOR MAXIMUM WASTEWATER CONCENTRATIONS ALLOWED; PROVIDING FOR APPROVAL AND MAINTENANCE OF PRETREATMENT F ACILmES; 4 -,~.."~""'~--.._-".,' 1 ¿Cb <.. PROVIDING FOR USE OF INTERCEPTORS AND CONTROL MANHOLES; PROVIDING FOR MEASUREMENTS AND TESTS; PROVIDING FOR SPECIAL ARRANGEMENTS AND DETERMINATION OF ACCEPTABILITY; PROVIDING FOR NATIONAL CATEGORICAL PRETREATMENT STANDARDS; PROVIDING FOR AL TERNA TIVE DISCHARGE LIMITS; PROVIDING FOR STATE REQUIREMENTS, PROVIDING FOR RIGHT OF COUNTY AND DISTRICT TO ESTABLISH MORE STRlNGENT REQUIREMENTS; PROVIDING FOR EXCESSIVE DISCHARGE; PROVIDING FOR PRETREATMENT STANDARDS; PROVIDING FOR SLUG DISCHARGES; PROVIDING FOR REASONABLE SERVICE CONDITIONS; PROVIDING BASELINE REPORT; PROVIDING COMPLIANCE SCHEDULE, COMPLIANCE REPORT AND PERIODIC COMPLIANCE REPORTS; PROVIDING FOR MONITORING AND INSPECTIONS; PROVIDING FOR PENALTIES. VIOLATIONS. DlSCON"NECT OF SERVICE, SUSPENSION OF SERVICE. REVOCATION OF PERMIT; PROVIDING FOR SERVICE CHARGES AND FEES; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY; PROVIDING FOR THE REPEAL OF COLLIER COUNTY ORDINANCES NOS. 74-28, 75-5, 75-20, 76- 38, 77-9, 77-19, 77-44. 77-57. 77-58, 79-3, 79-25, 79-103, 80-43, 82-38. 83-38. 83-39, 83-40. 83-49, 84-35. 84-62. 85-19, 85-47, 85-49, 85-69,85-81,86-67. 86- 73,87-28,87-46,88-4.88-34,89-2.89-80,91-69,91-80, 92-26, 92-64, 93-30, 95- 70,95-72, AND 96-7; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there are c\llTmtly three separate districts providing water, sewer. and/or effluent irrigation service to the residents of Collier County. Florida; and WHEREAS, the three districts are the Collier County Water-Sewer District. the Marco Water and Sewer District and the Goodland Water District; and WHEREAS, the Board of County Commissioners of Collier County, Florida is the Ex- Officio Governing Board of all three districts; and WHEREAS, the Collier County staff is utilized by each district to perfonn the day-to-day operations involved in operating and maintaining the district's facilities and providing district services; and WHEREAS, each district adopted district operating standards, procedures and fee schedules which, at times, conflict with or are different than the operating standards, procedures and fee schedules of the other districts; and WHEREAS, unifonn operating standards, procedures and fee schedules, where justified, are in the best interest of the districts and residents served by the districts; and WHEREAS, this Ordinance establishes unifonn standards and procedures to enable the more efficient administration of district services; and WHEREAS, Collier County has adopted several ordinances which apply to the provision of utility services by the districts and other private water and sewer utility systems; and WHEREAS, the combination of these ordinances into a single comprehensive ordinance will provide a simplified and more efficient mechanism for water and sewer utility systems and for the residents of Collier County to understand the regulations applicable to water and sewer utilities; and 5 ".-- .~-.."" . . . ---~, 12C6 4"1 WHEREAS. this Ordinance: is partially intended to be a codification of existing County ordinances into a single comprehensive ordinance; and WHEREAS, this codification is not intended to revoke or rescind any actions previously taken by a district. The district shall be treated as if it has always been in continuous existence fTom the date it was originally established despite the repeal of the original enabling ordinance establishing the district by this ordinance for codification purposes. NOW. TIŒREFORE. BE IT ORDAINED BY TIŒ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Re-E.t.bli.~hmeat of Marco Water aad Sewer District. 1J... Definitions. As used in tJús Section One, the following words and terms shall have the following meanings, unless some other meaning is plainly intended: A. "Act" shall mean Chapter 153, Part II, and Ch2pter 125, Florida Statutes. B. "Board" shall mean the Board of County Commissioners of the County as the Ex- Officio Governing Board of the Marco Water and Sewer District. C. "Bonds" shall mean the obligations issued by the Marro Water and Sewer District under the provisions of the Act, the enabling ordinance and this Ordinance: to pay the cost of project or combination of one or more projects and payable fTom revenues derived trom the operation of the utility system, or proceeds of special assessments levied against properties specially benefited by a project or any other special funds authorized to be pledged as additional security therefor under the provisions of the Act, or payable fTom any combination of such revenues, assessments or other funds. D. "Cost" shall have the same meaning as such tenn is defmed in the Act. E. "County" shall mean Collier County, Florida. F. "District" shall mean the Marco Water and Sewer District hereby re-created. G. "Project" shall include all property and rights, easements and franchises relating thereto and deemed necessary or convenient for the construction or acquisition or the operation thereof, and shall include the acquisition or construction of any water system and/or sewer system as defined in the Act and any combination thereof. U. Re-Creation of the Mar.:o Water and Sewer District. The following described unincorporated contiguous area of the County is hereby declared to comprise the Marco Water and Sewer District, to wit: All of Marco Island except the areas known as Old Marco Village and Goodland. The District shall be a body corporate and politic, having all the powers granted by the Act to a district created under the Act, and shall further have all the powers of a municipal services taxing or benefit unit as authorized by Section 125.0 I, Florida Statutes and Chapter 153, Part n, Florida Statutes. The Board of the District shall be the Ex-omcio Governing Board of the Marco Water and Sewer District. U· District to Succeed Existing District. All property, real and personal, rights, claims, franchise, licenses and other assets of every kind, and all liabilities and obligations of every kind, of the existing water and sewer 6 12C6 ~'1 district comprising the area described in Section 1.2 above or any part of said area are hereby vested in the District, which shaJJ succeed such existing dist..;ct; and such existing district is hereby abolished and re-created by this Ordinance. lA.. District Powers. The District shaH have all the powers of a district under the Act. including but without limitations, the power to acquire, construct, erect, equip, operate and maintain projects and finance the cost thereof with the proceeds of the bonds of the District. lñe District shall further have all the powers of a Municipal Service Taxing or Benefit Unit as authorized by Florida StaMes Chaptcr 125. U. Legislative Intent. The intent of this Section is to provide a means for financing the construction of water and/or sewer systems within the lands described within Section 1,2 ofthill Ordinance. For administrative convenience it is desired to accomplish these things through the creation of a district pursuant to Chapter 153, Part n, Florida Statutes. In doing so, the Board recognizes the apparent conflict between Chapter 153, Part n, Florida SraMes, which provides certain procedures for the creation of a district including petition. public hearing and referendum, and Chapter 165, Florida Statutes, which provides that special districts may be created orûy by ordinance or special act and further pro,ides that this shall be the exclusive method of creating special districts and that all genera.! or special laws in conflict with said Chapter 165, Florida Statutes, are ineffective to the extent of such conflict The Board further recognizes that Chapter 125, Florida Statutes, empoWCß the Board ofCoWlty Commissioners to create districts for the provision of municipal services including water and sewer systems, and that Chapter 153, Part I, Florida Statutes, contains a general grant of power to counties to do the things authorized therein. said powers being deemed supplemental and additional to the powers confCTTCd by other laws. Accordingly, it is the consensus of the Board. and the Board does hereby declare, that if the re- creation of a district pursuant to Chapter 153, Part n, Florida Statutes, as ordained herein shall be declared by a court of competent jurisdiction to be nuJJ and void as being unlawfully created by ordinance, then this District shall be deemed created pursuant to Chapter 125, Florida Statutes. with all the powers as provided therein, supplemented by the powers granted counties pursuant to Chapter 153, Part I, Florida Statutes, and the lands described herein shall be known as the Marco Water and Sewer District by whatever authority created, and all acts and things done by the Board of County Commissioners as the Ex-Oflicio Governing Board of the Marco Water and Sewer District shall be deemed to be done pursuant to the authority granted by Chapter 153, Part I, Florida Statutes; Chapter 153, Pan II, Florida Statutes; or Chapter 125 Florida Statutes, as may be appropriate. SEmON TWO. Re-EstabllsbmeDt or GoodlaDd Water DIstrict. 2.1. Dcfutitions. As used in this Section Two, the following words and terms shall have the following meanings, unless some other meaning is plairûy intended: 7 A. "Act" shall mean Chapter 125, Florida Statutes and Chapter I 53, Part II, Florida Statutes, B. "Assessments" shall mean the proceeds to be derived trom assessments to be levied against the lands and properties to be specially benefited by the construction of any project, including interest on such assessments and any penalties thereon and moneys received upon the foreclosure of !be liens of any such assessments, but excluding money recovered for the expense of collection of the assessments. C. "Board" shaU mean the Board of County Commissioners of Collier County as Ex- Officio the Governing Board of the Goodland Water District. D. "Bonds" shall mean the obligations issued by the District under !be provisions of this Section Two to pay the cost of a project or combination of one or more projects, the principal of and premium, if any, and interest on which shall be payable from the revenues derived from the operation of one or more projects, assessments, ad valorem taxes within the District only or any other funds of the District or of the County derived from sources other than ad valorem taxation and legally available for such JIUrPO'C. E. "Cost", when used in connection with a project, shall mean all expenses necessary, appurtenant or incidental to the acquisition and construction of such project, including without limitation the cost of any land or interest therein or of any fixtures, equipment or personal property necessary or convenient therefore, the cost oflabor and materials to complete such construction, engineering and legal expenses, fiscal expenses for plans, specifications and stUVeys, interest during construction, administrative expc:nses related solely to the acquisition and construction of the project and all expenses incident to the financing of the project and the issuance of bonds therefore. F. "County" shall mean Collier County, Florida. G. "District" or "Goodland Water District" shall mean the municipal services taxing and benefit district created hereby and comprising the area of the District described below. H. "Project" shall mean any Water System or any extension of or improvement thereof, or any combination thereof, and shall include all property and rights, easements and franchises relating thereto and deemed necessary or convenient for the acquisition, construction or operation thereof. I. "Water System" shall mean and include any system. fac:ility, plant, or other property used or useful or having the present capacity for future use in connection with obtaining, purifying and supplying water for human consumption, tire protection, irrigation or consumption by business or industry and, without limiting the generality of the foregoing, shall embrace wells, reservoirs, tanks, pumps, pipes, mains and all necessary or convenient appurtenant equipment 2,l. Area of the Goodland Water District. The following described unincorporated contiguous area of the County is hereby declared to comprise the District, to wit: 8 12Cb ,···u.,_',_....." 12C6 , All unplatted lands lying East of Westerly, North-South section line of Sections 18 and 19, Township 52 South, Range 27 East and the platted lands lying in GoodJand Isles, the First Addition and the Second Addition as recorded in Plat Book 6, Page 7; Plat Book 8, Pages I and 2 and Plat Book 8, Page 19 respectively; and all lands lying in Goodland Heights Amended and First Addition as recorded in Plat Book I, Page 85 and Plat Book 4, Page 18 respectively; and all lands lying in Pettit Subdivision as recorded in Plat Book 2, Page 88 of the Public Records of Collier County, Florida; all commonJy kno"'ll as Goodland. The District shaJl be a public body corporate and politic. The Board shall be Ex-Dfficio the Governing Board of the District. 1..1. District Powers. A. The District shaH have and exercise all of the powm granted by or implied by the Act with respect to municipal services taxing and benefit units created under the Act. including without !imitation the power to acquire, construct, erect. equip, operate and maintain projects and fmance the cost thereof with the proceeds of Bonds of the District. which Bonds the District is hereby authori7.ed to issue; to levy an ad valorem tax not to exceed ten (10) mills. speciaJ assessments and fees; to hold and dispose of real Ind personaJ property; and to employ and discharge employees and authorize them 10 enter upon private propeny and public property at reasonable times for Ì11spections related to the opention of any project and otherwise perform their duties; to promulgate rules and regulations; and 10 do all other things I'ICœSSaly 10 convenient with respect to or reasonably implied by the foregoing. B. As supplemental or altemate IUtbority to cany out the purpose of the District. the District shaH have and exercise all the powers granted to water and sewer districts under Chapter 153. Part II, Florida Statutes. 2..1. District Assessments. A. The District may provide that the cost of any project or any pert thereof be 1L~~sed against the lots and parceJs ofreal property in the area oftbe District specially benefited by such project or part thereof and for the issuance of Bonds payable tiom such 8SSCs.mIents and the District, in addition to, or conjunction with, the powers granted herein may proceed under the provisions of Chapter 170, Florida Statutes, as if the District were a municipality and the Proposed project were one described in Section 170.01 of such Cbapcer, except as hereafter provided otherwise. B. Special assessments against properties deemed to be benefited by a project shall be assessed upon such properties in proportion to the benefits, determined and prorated on I fIat rate basis (Providing an equal assessment upon each lot or parcel assessed), or based on the respective areas of the properties assessed, or according to the tront footage of the respective properties assessed or on such other basis as the Board may prescribe as being most equitable and fair under the circwnstances. C. The Board may declare that any l.SSCSsments may be made payable in not more than forty (40) equal yearly instaJlments. with interest on the unpaid balance thereof at a rate per 9 -".~",.,,,,- 12C64 I annum determined by the Board, to which, if not paid when due, there shall be added the penalty prescribed by such Chapter. D. Bonds payable from such assessments and any other Bonds issued hereunder shall bear interest at such rate or rates per annum as shall be detennined by the Board, payable annually or semiannually, shaJJ mature at such time or times not exceeding fony (40) years fTom the date of thcir issuance and shall be sold in such manner and at sueh price as the Board may detennine to be in the best interest of the District. but no such sale may be made at a price of/ess than ninety percent (9()01o) ofrl'd: par value of the Bonds. U· District to Succeed Existing District. All property, reaJ and personaJ, rights, claims, fTanchise, licenses and other assets of every kind, and all liabilities and obligations of every kind, of the existing water district comprising the area described in &cIion 2.2 or any pan of said area are hereby vested in the District, which shall succeed such existing district; and such existing district is hereby abolished and re-created by this Ordinance. SECTION THREE. Dbtrlct Rates.. Fees. Charves Ind RCfU/ation,! li Definitions. Unless specifically provided otherwise these definitions shall apply to this &cIion Three. (a) "District" shaJJ collectively refer to as the Collier County Water-Sewer District, the Marco Water and Sewer District. and the Goodland Water District unless specifically provided herein. (b) "Equivalent Dwelling Unit" shaJJ mean the equivalent usage requirements ofan average single-family residential connection. It is used as a factor to convert a given average daily water or wastewater requirement to the equivalent number of single-family residential connections. (c) "Service Availability Charge" sha1l mean a monthly charge per dwe1ling unit or equivalent dwelling unit for residential and non-residential users with DO usage included. (d) "Sewer Use" shall be defmed as the connection of drains for all faucets and faciliries on the property, where potable water is used in connection with sanitary purposes &om the potable water system. Such usages shaIl include. but DOt be limited ro. sinks. showers, bathtubs. commodes, urinaJs, bidets, dishwasbers, wasbcrs, ..s ocba such facilities. "Sewer Use" shall specifically not include nmoffwatcr beiaa aßowed 10 CDIeI' the District Sanitary Sewer System. (e) "Use" - The term "Use" with respect to "Water Use" on the Distrids.., sysIem. which is a potable water system, shaJl mean the sole utilization ofW1llCr from the District system through all fixtures and pipelines on the property excepc ~ a !eJ** SysICm is available solely for outside irrigation. Any such irrigation sbaI1 require In approved backf10w prevention device and a physical separation from !be ranai.aing potable water system. "Water Use" shall specifically include, but not be limited to, the flow of water to all sinks, dishwashers, commodes, urinals, showers, hot water beaters, washers, drinking water coolers and drinking water machines. Such facilities shall also drain to the 10 12C6 ....1 District's sanitary sewer system. where avajlable, in conformance with other applicable sections of this Ordinance as wen as other Ordinances adopted by Collier COwtty. or applicable State and Federal laws, rules or regulations. U. Monthly R~lfes. Fees and Charges. Monthly rates, fees and charges for water, sewer, and/or effluent irrigation services provided by or made available by the District shall be sufficient to recover system operation. maintenance, renewal enhancement, replacement and debt service costs and sball be proportionally distributed among system users and customers receiving the benefits as follows: A. Monthly user fees for the Collier County Water-Sewer District. ResidentiaJ and non-residential propertjes within the boundaries of the Collier County Water-Sewer District sball pey the following rates. fees and charges for service provided by the Collier County Water-Sewer Districts: J. Water (a) Service Availability Cbar¡e: (i) JndividuaI1y Meten:d Residential. Non-ResidemiaJ IIDd lnigation: 5/8 and 3/4 inch metCI' S 12.00 per month I inch meter S 24.00 per month I V. inch meter S 36.00 per month I Yz inch meter $ 44.00 per month 2 jncb meter $ 69.00 per month 3 inch meter $134.00 per month 4 inch meter $207.00 per month 6 inch meter $411.00 per month 8 inch meter $737.00 per month (ii) Multi-family ResidentiaJ Property (master metered) First dwelling unit $ 12.00 per month Each ad<litionaJ dwelJing unit $ 8.20 per month (b) Volume Charge Per ] ,000 Gallons: t(i) R~identiaI and Multi-family (no separate meter for inigation): I - 10.000 gallons $1.45 10,000 . 20,000 gaJlons S 1.82 Above 20,000 gallons $2.28 (íi) Non-residential (no separate meter for inigation): First block $1.45 In excess of rust block $2.05 Non-residential rlJ'St Block Usage Threshold: S/8 and 3/4 inch meter 10,000 gallons 1 inch meter 25,000 gallons I V. iDch metCI' 40,000 gaIJoo.s I Yz inch meter 50,000 gallons 2 inch meter BO,OOO gaßons 3 inch meter 160,000 gallons .. inch meter 250,000 galJons 6 inch meter 500,000 gallons 8 inch meter 900,000 gallons (iii) Residential or Non-residential lnigation (separately metered): All usage $2.05 11 '................ - ~.."'_..~- 12Cb · ! 2. Sewer (a) Service Availability Charge: (i) Individually Metered Residential and Non-Residential Property: 5/8 and 3/4 inch mdcr $ 17.00 per month 1 inch meter $ 35.00 per month 1 y. ioch meter $ 53.00 per month 1 ~ ioch meter $ 65.00 per month 2 inch meter $ 101.00 per month 3 inch meter $ 197.00 per month 4 inch meter $ 305.00 per month 6 inch meter $ 606.00 per month 8 inch meter $1,087.00 per month (ii) MuJti-family (master metered) First dwelling unit Each additional dweIJing unit (b) Volume Charge: (i) Per 1,000 gallons $ 17.00 per month S 12.00 per month $ 1.96 (ii) Residential Maximum: The maximum volumetric charge for residential property shall be 10,000 gallon per dwelling unit. 3. Dedicated Fire Systems (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter installed for fire protection. (ii) Fire Service meter connections that provide domestic or other water usage as evidenced by regular monthly detected usage shall be billed according to regular water monthly availability and usage charges as described herein. (b) Volume Charge: (i) Per 1,000 gallons $ 1.45 B. Monthly user fees for the Marco Water and Sewer District Residential and non-residential properties within the boundaries of the Marco Water and Sewer District shall pay rates, fees and charges for service provided by the Marco Water and Sewer District The rates of the Marco Water and Sewer District arc as follows: I. Sewer (a) Residential (i) Single family residences, muJti-family residences, aper1ment residences. mobile home residences, Each one bath living unit $20.80 Eacb additional bath per living unit $ 4.60 ¡ 'v~ (b) Non-Residential. Each facility shall be billed based upon the total of the following units contained therein. (i) Hote~ motel and trailer rental units: Each unit $10.1 S 12 """.,.-.,,"..--... 12C6 4'1 (ii) Commercial, office, institutional, recreational and industrial toilet units (not to include industrial waste). (Institutional shall include but not be limited to churches, Property owners, association facilities, government service facilities, fire stations and schools); Each toilet wút $36.95 (iii) Commercial and coin laundry washer W1Íts; Each washer unit $ I 8.50 (iv) Restaurant and lounge seating units; Each seating unit $ 3.20 Wastewater Adjustment Clause: [New FWSC Volume Rate ($lMgal). Old Volume Rate] x 3.6 - $Adj. Residential wI Single Bath 1.0000 x $Adj. - Amt to add to existing rate. Residential- Additional Bath 0.2222 x $Adj. - Amt to add to existing rate. HotellMotel per wút 0.4889 x $Adj. - Amt. to add to existing rate. Commercial 1.7778 x $Adj. - Amt to add to existing rate. Coin Laundry per unit 0.8889 x $Adj. = Amt. to add to existing rate. Restaurant per seat 0.1556 x $Adj. = Amt. to add to existing rate. Note: From time to time Florida Water Services Corporation (FWSC) is authorized to increase sewer rates by the Collier County Water and Sewer Authority. This PW AC is designed to automatically "pass-through" this increase, dollar-for-dollar. The new rates for Marco Water and Sewer District should become effective the same month that FWSC increases the price of wholesale sewer to Marco Water and Sewer Distric~ C. Monthly user fees for the Goodland Water District. I. The rates for service to residential and non-residential properties shall be set forth herein. Said rates arc hereby found to be fair and equitable and may be changed by ordinance amending the rate schedule. Rates charged to customers within the Goodland Water District shall be as follows: (a) Water Service Availability Charge: (i) Individually Metered Residential, Non-Residential and Inigation: Meter Size Monthly Charges Yo" $ 16.00 I" $ 37.00 IYz" $ 72.00 2" S 114.00 3" $ 226.00 4" $ 351.00 6" $ 701.00 r $IJ5~00 (b) Volume Charge per 1,000 Gallons: AU Usage $3.921 Mgal 13 12C6....... Purchased Water Adjustment Clause (pW AC): ( New FWSC Volume Charge - Old FWSC Volume Charge] '" Adder 0.78 Existing Goodland $/Mgal + Adder - New Goodland $/Mgal factor is needed to adjust for unaccounted for water and the change in the monthly fixed charged from FWSC. Note: From time to time Florida Water Services Corporation (FWSC) is authorized to increase water rates by the Collier County Water and Sewer Authority. This PW AC is designed to automatically "pass-through" this increase, dollar·for-dollar. The new rates for Goodland Water District should become effective the same month that FWSC increases the price of wholesale water to Goodland Water District. U· District Rates, Fees and Charges other than Monthly User Fees. A. Meter installation charges to be paid to the District shall be as follows: I. Meter Size Meter Tapping Charge 3/4" I" I Yz" 2" $260.00 $350.00 $500.00 $600.00 The fees in this subsection arc based upon meter installation for a typical single family residential street In all other circumstances, the meter installation fee shall be based upon the District's actual cost for time and materials. 2. For meters larger than two (2) inches, the materials and Jabor for installation of such meters shall be furnished by the developer in accordance with District requirements and specifications and dedicated to the District in accordance with County ordinances, at no cost to the District. 3. All meters two inches (2") or smaller will be installed by the District and shall remain the property of the District. 4. Meters must be left accessible to District employees at all times. 5, When any property owner, who has a water meter, makes application to the District for the installation of a larger meter to replace a smaller meter, the property owner shall be given no credit for tapping charges paid on the smaller meter in accordance with the above schedule. There shall be no refunds or credits given to any property owner requesting a smaJler meter. B, Temporary Meters. I. Temporary meters may be installed and removed by the District. The fee for such installation and removal shall be based upon the District's actual costs for time and materials. 2. The temporary meter charge for service shall be based upon the non-residential monthly availability and volume charges. 14 12C6 ~ I C. The following list of charges is established for user services: New Accounts $ 20,00 Meter Removal or Lock $ 50.00 Turn On After Hours $ 50.00 Meter Removal or Lock After Hours $100.00 Meter Initial Re-Read $ 20.00 Meter TestI2nd Re-Read $ 35.00 Non-Emergency Shut Offs $ 50.00 Account Reinstatement $ 30.00 (plus full payment (less than or equal to 15 days) and delinquency fees) AccoW1t Reinstatement $ 50.00 (plus full payment (greater than IS days) and delinquency fees) D, Effluent irrigation usage in each District shall be at the following schedule: (a) Service Availability Charge: (i) Individually Metered Irrigation: 5/8 and Yc inch meter I inch meter I Y:r inch meter 2 inch meter 3 inch meter 4 inch meter $ 4.35 $ 10.90 $ 21.75 S 43.50 $ 87.00 $174.00 (b) Volume Charge Per 1,000 Gallons: Full Service Reuse Master Metered Bulk Service Reuse $ 0.13 $ 0.13 Except in cases where a written agreement between the District and the property owner establishes a minimum gallonage monthly effluent rate that cannot be changed unilaterally by the District, all golf course and other bulk sales of effluent shall be sold and billed in accordance with this section. E. Late payments for monthly user fees are subject to a charge of 5% on the unpaid baJance after the due date on the bill. F. The rates, fees and charges as established in this Section Three shall be reviewed on an annual basis to ensure adequate revenues for District system operation, maintenance, renewal, replacement, enhancement and debt service costs. M. District Regulation. A. Application For Service. I. To obtain service, application must be made at the office of the District. Applications are accepted by the District with the understanding that there is no obligation on the part of the District to render service other than that which is then available from its existing facilities. The District reserves the right to refuse service from its transmission mains. 2. Utility Service is furnished only upon signed application of the property owner, accepted by the District, and the conditions of such application or agreement are IS 12C6 ".., binding upon the property owner as well as the District. A copy of each application or agreement for utility service accepted by the District will be furnished to the property owner. 3. The applicant shall furnish to the District the correct name, street address and legal description at which service is to be rendered at the time of the application for service. AU system development clw¡cs. impact fees, cOMection and installation fees. and any other fees, rates and charges established by the District shall be paid in tUJl at the time of application for SCl'VÍce. 4. Application for JetVÍce requested by firms, partnerships, associations, corporations and others, shall be tendered only by duly authorized individuaJs. When service is rendered under agreement or agreements entered into between the District and an agent of the property owner, the use of such service by the property owner shall constitute full and complete ratification by the property owner of the agreement or agreements entered into between agent and the District under which such service is rendered. A tenant of property shall not be construed to be an agent 5. Where the District's water or sewer main is accessible to render service, as detennined in Section 3.4, paragraph K. no Collier County Building Pcnnit may be issued until such time as proper application shall have been made for service and all fees necessary for the rendering of such service shall have been paid to the District. 6. The District may withhold or discontinue service rendered under application made by any property owner, or the property owner's agent unlcss all prior indebtedness to the District of such property owner for utility service has been settled in full. Service may be withheld or discontinued for non-payment of bills and/or non-compliance with rules and regulations in connection with the same or any different class of service furnished to the same property owner at the same premises, or for non-payment of any account for service to the property. Exception: if service was provided WKler an account in the name of a non-owner of the property, further service under a new account can be withheld or discontinued only if the prior nonowner acCOWJt holder received direct benefit &om the rendering of that service at the service location. B. Limitation Of Use, Continuity of Service. I. UnJess authorized by the District, water and/or sewer service purchased from the District shall be used by the consumer only for the purposes specified in the application for service, and the property owner shall not sell or otherwise dispose of such service supplied by the District. Unless authorized by the District, service furnished to the property owner shall be rendered directly to the property owner through the District's cOMection, and under no circumstance5 shall the property owner or property owner's agent or any other individuaJ, association or 16 ! 2 C 6 '1 corporation install equipment for the purpose of disposing of said service. In no case shaH a property owner, except with the written consent from the District, extend their installation across a street, alley, lane, court, property line, avenue, or any other way, in order to furnish service for adjacent property. even though such adjacent propeny is owned by them. In the event there is an unauthorized extension, saJe or disposition of service, the property owner's service will be subject to discontinuance until such unauthorized extension. sale or disposition is discontinued and full payment is made of bills for service. calculated on proper classification and rate schedules and reimbursements in full are made to the District for all extra expenses incurred for clerical work. testing and inspections. 2. The District will at all times use reasonable diligence to provide continuous service. and having used reasonable diligence shall not be liable to the property owner or occupants for failure or interruption of continuous water service. The District shall not be liable for any act or omission caused directly or indirectly by strikes, labor troubles. accident, litigation. breakdowns, shutdowns for emergency repairs, or adjustment, acts of sabotage, enemies of the United States. wars. state. municipal or other governmental interference. acts of God or other causes beyond its control. 3. Property Owners shall maintain that portion of the water lines on their property located beyond the District service coMection. and all loss of water through breaks or leakage to the premises will be paid by the property owner. The property owner shall maintain that portion of the sewer line located on their property. 4, A landlord who is a customer of the District and who provides water and/or sewer service to rental units through a single master water meter shall. under any of the following three circumstances. be exempt fÌ'om the prohibitions contained in Section 3.4, paragraph B.1. against the sale or disposition of District water and/or sewer service: (a) A landlord may apportion the monthly charge for District water and/or sewer service through the master meter c:quaJly among all rental units provided that the total monthly charge to all rental units shall not exceed the landlord's actual cost for District water and/or sewer service; or (b) A landlord may instaIl submcters for each rental unit to track each unit's usage of water service and then charge each unit according to its exact usage. A landlord who installs submcters shall comply with the requirements of Section 3.4, paragraph E below and shall not recover more than his actual cost for District water and/or sewer service through the master meter and shall not pass on to his tenants any of the capital or administrative cost incurred in the instaIlation and monitoring of the 17 12Cb submeters or the billing of tenants for their water and/or sewer service usage; or, (c) A landlord may also provide water and/or sewer ser,..ice to rental units through a single master water meter for no specific compensation provided that in no event shall any landlord recover more than his actual cost for District water and/or sewer service from his tenants. S. For any rental units which are under lease agreement as of the effective date of this Ordinance, a landlord choosing to il1!tall submeters as provided in Section 3.4, paragraph B.4(b), above, shall not begin monitoring a rental unit's water usage for the purposes of charging a unit according to its actual water usage until the expiration of the then existing term under such lease agreement Upon renewing an expired lease, or upon entering any new lease agreement with a tenant subsequent to the effective date of this Ordinance, a landlord choosing to submeter shaJI fully disclose to the tenant the landlord's ability to separately charge each rental unit according to its exact water usage. Such disclosure shall be in both ofthc following fonns: (I) oral representatiODS by the JandJord to the tenant a1 the time of negotiating the lease and before either party has signed the lease agreement. and (2) by conspicuously printed disclosure provision in the lease agreement specifically referencing the landlord's abjjty to submeter pursuant to the tenns of this Ordinance and initialed by the tenant 6. Upon a tenant's written request. any landlord who exercises his privilege to recover his actual cost for county water and/or sewer service shall provide to the tenant documentation of the landlord's actual cost for District water and/or sewer service as well as documentation and a written explanation of the basis for any costs charged to the tenant for water and/or sewer service. Such documentation and written explanation shall be provided within five (5) business days &om receipt of the written request. 7. FUrthennore, upon dispute of a water bill by a tenant in person. in writing, by telephone, or in any other manner, a landlord shall, within five (5) business days of receiving notice of the tenant's dispute, pursue all of the fonowing remedies in an effort to resolve the dispute: (a) Reread the master meter and/or any submeter to verify the accuracy of the meter reading process and the working condition of the meter(s); (b) If the working condition or accuracy of the master meter or any submeter is in question after being reread. the landlord shaJl have the meter tested; (c) l£after being tested the master meter or any submeter is found to be inaccurate or otherwise defective, the District or the landlord, as the case may be, shaJI immediately repair or replace the meter; 18 12Cb ~ (d) Provide documentation of current and past billing practices with respect to the applicable rental unit for the period of the requesting tenant's occupancy; (e) Arrange a meeting with the tenant and the property manager or some other representative of the landlord to discuss the billing process; AND (f) Any tenant whose request is unsatisfactorily addressed or who has exhausted the above options without redress may bring suit in a court of competent jurisdiction to obtain relief under Chapter 83, Florida Statutes, the Land10rd Tenant Act. 8. All submeters must achieve no less than the accuracy ltandards as currently met by the District for Its own water meters. In addition, any landlord Installing submeters shall provide, where applicable, the following services, at the landlord's expense, which either meet or exceed the level of service currently provided by the District with respect to its water meters: (a) The landlord shaJl promptly, upon receiving notice, repair all submeter leaks; (b) The landlord shaJJ promptly, upon receiving notice, replace any failed service lines or associated components; (c) The landlord shall promptly, upon receiving notice, replace damaged or deteriorated submeter boxes or lids, and shall, where applicable. lower or raise a submeter box to grade as necessary; (d) The landlord shaJl, upon receiving a water quality complaint, check applicable connections and flush applicable service lines; (e) The landlord shall. upon receiving a low pressure complaint, check and test the system to en.surc proper operation; (f) The landlord shall locate all submeters and service lines upon reasonable request by a tenant; (g) The landlord shall turn off applicable submeters in emergency situations; (h) The landlord shaJl read all submeters no less fi'equcntly than once a month; (i) The landlord shaJI replace all submeters that become stuck or difficult to read; and G) The landlord shaJl noti fy the tenant of a potential leak upon reading a submeter that reflects an unusually high usage. 9. The provision of water service through a single master meter by a landlord as described in this subsection is deemed not to constitute the sale or disposition of water service. The provision of sewer service as descn'bed in this subsection is deemed not to constitute the sale or disposition of sewer service. 10. Any condominium association that is a customer of the District and provides water and/or sewer service to condominium units through a single master meter 19 12C6 t may allocate the cost for such water service among its members either by equal apportionment, installation of submeters, or otherwise provided that such allocation of cost is restricted to recovery of the condominium association's actual cost for District water and/or sewer service and directly related administrative or capital expenses incurred in recovering that cost. Upon member's written request. any condominium association that exercises its privilege under this exemption from the prohibitions in Section 3.4, paragraph B.I. to recover its actual cost for District water lDd/or sewer service and directly related administrative and capital expenses incurred in recovering that cost shall provide to the member documentation for the condominium association's actual cost for District water and/or sewer service as well as documentation and a written explanation of the basis for any costs charged to the member for water service. Such documentation and written explanation shaJl be provided within five (5) business days from receipt of the written request. The provision of water service through a single master water meter by a condominium association as described in this subsection is deemed not to constitute the sale or disposition of water service. The provision of sewer service as described in this subsection is deemed not to constitute the sale or disposition of sewer service. 11. Any landlord or condominium association that elects to install submeters shall not charge a security deposit C. Property Owner's Liability For Damage to Equipment. The property owner is liable to the District for any damage done to the District's equipment used in providing service to the property owner, except damage done by District employees. D. Security Deposits on Water Account. Security deposits are no longer required on District customer accounts for water service. All existing security deposits on customer accounts shall be credited, pro-rata, to each customer account. E. Security Deposits on Sewer Accounts. Securiry deposits are no longer required on District customer accounts for sewer service. All existing security deposits on sewer service shall be credited, pro-rata. to each customer account. F. Property Owner's Responsibility for Water Service; Bad Debts. I. The property owner is responsible for all water and/or sewer service provided to the property. In the event service is discontinued for non-payment. service will be restored only after property owner has fully complied with provisions of Section 3.4, paragraph G.2 and G.3, of this Ordinance. 2. Bad debts will be taken off the books and the property ovmer's name and the amount due will be filed in a bad debt file. In the event water and/or sewer 20 12Cb t I service is requested to the property owner in the future, this back debt must be paid before water and/or sewer service will be furnished. G. Dates Bills Due and Delinquent; Discontinuance of Service for Non-Payment; Reinstatement Following Discontinued Service. I. Bills for service are due by the date set fonh on the bill from the District and are delinquent thereafter. Service will be cut off when delinquent for non-payment of bill s. 2. When service has been discontinued for nonpayment of current bills. service will be renewed upon payment of all unpaid bills, plus a thirty dollar ($30.00) service fee for reinstatement., provided however, the settlement in full is made on or before fifteen (15) days from the date of the discontinuance of such service. 3. If service is discontinued for more than fifteen (15) days by the property owner's request, or for any other reason. the street cock will be turned off and the meter removed from premises. Should the property owner request renewal of service for the premises, service will be restored upon full payment of: I) all past due bills plus delinquency fees, and (2) a reinstallation charge of fifty dollars ($50.00). 4, Billing for water service shall begin upon registration of water on meter, or ninety (90) days from date of application for service, whichever occurs first Billing for sewer service shall commence upon the issuance of a certificate of occupancy or ninety (90) days following the issuance of a notice to connect to the sewer system, whichever occurs first. 5. The property owner shall immediately notify the District of any additional dwelling units connected to the District's service lines if the dwelling units have not been included in previous applications. For violation of this Section. the District's service may be discontinued. 6. The property owner shall reimburse the District for its expenses to change a location or a meter, when the property owner requests a change in location. The District's expenses include labor, materials plus an administration fee equal to ten percent (I OO/e) oftbe District's expenses. H. Billing Payment When Meter Becomes Defective; Right Of Entry Of Authorized Agents Or Employees. I. Should the meter on any premises become defective, so that the amount delivered for the CUITent month cannot be ascertained, the property owner shall pay for that month an amount equal to the average amount charged for the four (4) preceding months unless the actual amount of water can be detennincd. 2. Duly authorized agents and employees of the District shall, during daylight hours or if called out after dark for emergency service, have access to any property for the purpose of examining the condition of fixtures, service pipe installation and such other purposes as may be proper to protect the interest of the District, 21 1 2 C Ó 4 ~ reading or repairing the water meters located thereon, or turning the supply of such water to the premises off or on. I. Water Bill Complaints. No high water bill complaints shall be accepted for inspection by the District unless all plumbing fIXtures, piping and outlets have been examined by a licensed plumber who has certified that there are no leaks. If an investigation is made by the District and the fU1dings revca1the initial meter reading was accurate and the meter is functioning properly, a re-read charge of twenty dollars ($20.00) will be assessed against the property owner. After the first request, the property owner shaJJ be charged at thirty-five dollars ($35.00) per test for any re-reads or meter tests which show the meter is functioning properly. J. Meters, Location And Charge For Moving. Meters shall be placed when possible just within the property line at the property comer at the nearest point to the tap-in main. If a meter is moved at the request of the property owner, the property owner shall pay a fee equal to the District's cost plus ten percent to relocate the meter . K. Connections With Water And Sewer Required. The owner of each lot or parcel of land within the District upon which lot or parcel of land any improvement is now situated or shall hereafter be situated. shall, if the District operates and maintains distribution and/or collection facilities along the frontage of their property, connect or cause such improvement to be connected with the water and/or sewer facilities of the District. The usage of such facilities shall, at a minimum, be used for all indoor usage and shall be connected within ninety (90) days following notification to do so by the District. Connection to the reuse system shall onJy be required if the development order and/or property purchase ~ents require such connection. AU such connections shaIl be made in acœrclance with rules and rego.1latioDS which may be adopted ftom time to time by the District, wlúch rules and regulations shall provide for . charge for making any such connec:tion in such reasonable amoWlt as the governing board of the District may fix and determine. No connection or connections shall be required where the water or sewer system or line is more than two hundred (200) feet from such property line. L. Exceptions To Connections. This Ordinanœ shall not be construed to require or entitle any person to cross the private property of another in order to connect to the District's water and/or sewer service. M. Connections May Be Made By District. If any property owner of any lot or parcel of land within the District shall fail or refuse to connect to and use the water and/or sewer facilities of the District after notification. as provided hereÍl1, then the District shall be authorized to make such connections, entering on or upon any such property for the purpose of making such connection. The District 22 shall thereupon be entitJed to recover the cost of making such connection. together with reasonable penalties and interest and attorney's fees. by suit in any COW1 of competent jurisdiction. In addition and as an alternative means of collecting such costs of making such connections, the District shall have a lien on such property for such cost; which lien shaH be equal dignity with the lien of State and County taxes. Such lien may be foreclosed by the County in the same manner provided by the laws ofF1orida for the forecloSW'e of mortgages upon real estate. N. Unlawful Connection Prohibited. No person shaJl be allowed to connect into any water or sewer line owned by the DiSlrict without written consent of the DiSbict. The connection with such line shall be made only under the direction and supervision of the District. Any property owner or ph.u:nber who shall make any connection without such consent of the County shall, upon conviction be subject to the penalties hereinafter provided. O. Failure To Maintain Plumbing System. The property owner shall be responsible for maintaining and keeping tree from obstruction the water and sewer pipes leading to and connecting ftom the plumbing system to the District's water and sewers mains, and failure to keep the water and sewer pipes, free from obstructions and maintained in a proper manner shall be subject to the penalties hereinafter provided. P. Unpaid Fees To Constitute A Lien. In the event that the fees, rates or charges for the services and facilities of any water or sewer system shall not be paid as and when due, any unpaid balance thereof and all interest accruing thereon shall be an automatic lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes. In the event that any such fees, rates or charges shall not be paid as and when due and shall be in default for thirty days or more the unpaid balance thereof and all interest accrued thereon. together with anorneys fees and costs, may be recovered by the District in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the District by action or suit in equity as for the forecloSW'e of a mortgage on real property. Q. No Free Service. No water or sewage disposal service shall be furnished or rendered 1Tc:c of charge to any person, finn or corporation whatsoever, and the County and each aßd every agency, department, or instrumentality which uses such service shall pay therefore at the rates fixed by this Ordinance. R. Separate Connections For Each Separate Unit Unless authorized by the DiSlrict, each dwelling unit whether occupying one or more lots and whether it shaJl occupy any lot or parcel jointly with any other dweJling unit shall be 23 considered a separate unit for the payment of the water and sewage disposal rates and charges, and separate cOMections will be required for each of such dwelling units. SECflON FOUR. Lawn SDrinkJine Re2ul.tions. ti. Purpose. From time to time, operational conditions may limit the ability of the Collier County Water-Sewer District (hereinafter referred in this section Four as "District") or any other authoriud water purveyor providing water service in Collier County, Florida, to supply potable water. A deficiency in normal rainfall causes increased demands in the District or operating area of an authorized water purveyor which may exceed District's or the authorized water purveyor's water system facilities designated capacity. These operational conditions or increased demands may cause water pressures lower than required by the Department ofEnvironmentaJ Protection, or any successor regulatory agency, regulations or pressures lower than necessary to properly operate the water system ofthc Districts or the authorized water plUVeyor. These reductions in system pressure may pose a threat to the health. safety, and welfare of the citizens of Collier County. The potential threats may oc:c:ur in relatively short time periods, requiring immediate action to protect the public health and prevent damage to the District's and authorized water plUVeyor's water facilities. Accordingly, there is a need to establish lawn sprinkJing restrictions to protect the public health. safety and welfare. ~. Regulations. A. The following regulations are hereby established governing the use of potable t .Iter for lawn sprinkling from the District's or any other authorized water purveyor's water Jy1 m in Collier County during emergency conditions within the unincorporated areas ofCoU: :ounty. As there are separate areas which are supplied through separate facilities and water so' .:es. these regulations may be applied to anyone. all or any portion of the designated areas. deper.dent upon the nature of the emergency. B. 1ñe Board of County Commissioners hereby authorius the County Administrator. or his designee, to implement said regulations whenever the County Administrator has received notice from District staff or the staff of an authorized water purveyor that because of naturaJ or opera1ionaJ conditions, the District's or authorized W:1ter purveyor's water fadlities are inadequate to meet system demands, which may affect the health. safety or welfare of the citizens of Collier County. The County Administrator, or his designee. may impose said regulations without approval from the Board of County Commissioners, if it is determined that time restraints required for Board approval would cause an undue risk to the residents or water facilities of the District or the authorized water purveyor. The County Administrator. or his designee, is required to seek approvaJ from the Board of County Commissioner at the first available regularly scheduled session, or special session, to maintain enforcement of said regulations. At the conclusion of the emergency. the County Administrator. or his designee. shall rescind said regulations. unless otherwise directed by the Board of County Commissioners. 24 12C6 The: Regulations are established as follows: LaDdsnpe Materiab La. naD 30 Days Old Phase I :Moderate Shortage Under 5 ecra: 2 ÆII . lam Mon., Wed., nun. &: Fri,; 5 IICRS or over. 12:01 lID -1:00 lID Mon., Wed., Fri. Low vol. Mnd WlCerinl: volunt3ry, New Í/Tipbon system clean &: .tjust 10 min. per zone, one lime only. Phase II Severe Shortage Under 5 ecra: 2 am . I am Mon., Wed., Thurs. &: Fri.; 5 IICRS or over. 12:01 am . ':00 am Mon~ Wed., Thurs. Fri, New irripcion system clean &: adjust 10 min. per zone, one time only. Pbue III Extreme Shortage Under 5 ecra: 2 am . 7 am Mon., Wed" .t. Fri.; 5 ecra or over: 12:01 am . 7 lUll Mon~ Wed. a. Fri.; low volume hand watering: voJuntwy. New irrigation system cleaning.t .tjusting 10 min, per zone, one time only. Phase IV Critical Shortage Under S ecrcs: 6 am - 7 am Sat.; 5 acres or over. 4 am . 7 lUll Sat; low volume hand watering: Mon., Wed, .t Fri. New irrigation system cleaning" adjusting prohibited. Laudscape Materiab Greater Than 30 Da)'s Old Under 5 8tn:S: .. lUll . I am Mon.. Wed.. .t Sit for odd house addresses .t Tues.. Thurs. .t. Sun. for even house adcIreues; S acres or over: same IS under S acres cxcept hr. limited 10 12:01 am - 1:00 lUll, Under 5 8tn:S: 4 lUll . 1 lUll Wed. .t. Set. for odd house addmses; Thurs. .t Sun. for even hOUJe addresses .t Ioc:arions with no address; , ecra or over: seme .. under 5 ICres cxcept hovn limited 10 12:01 am - 1 am. Under S ecra: .. am - 7 am Sat. for odd house addresses; Sun. for even addresses .t locations ...ith no addresses; 5 acres or over. same .. under , ICreS cx«pC hours limited 10 12:01 am - 7 am. Under 5 acres: 6 am Sat. for odd house addresses .t Sun for even house addresses .t locations with no addresses; 5 ICreS or over. seme IS under 5 ecra cxcept hours limited 10 4 am . 7 am. 1.1, HardshipNariance Procedure. A. Under extraordinary conditions the Board of County Commissioners may grant a vari&nce to the regulations adopted in this section. Any request for a variance must be submitted by the affected District or water purveyor in writing to the County Administrator. S. A request for a variance submitted by a District or water purveyor may be granted when the District or water purveyor provides a written statement which indicates that a hardship exists due to operational conditions wherein the District's or water purveyors system cannot meet system demands caused by the implementation of the regulations set forth in this Section and setting forth the variance requested. C. A request for a variance submitted by a property owner served by a District or water purveyor may be granted when the property owner provides a written statement which indicates that the property owner will suffer a substantial hardship due to the implementation of the regulations set forth in this Section and setting forth the variance requested. Any request for a variance submitted by a property owner shall first be reviewed and approved by the District or water purveyor. D. Any variance granted by the Board of County Commissioners shall be the minimum necessary to alleviate the hardship created by the implementation of the regulations set forth in this Section. E. In an emergency created due to time constraints, the County Administrator may grant a temporary variance. At the next regularly scheduled Board of County Commissioners meeting, '5 the Board of County Commissioners shall consider whether the temporary variance shall remain in effect F. Any variance granted under this Section shan terminate upon the hardship no longer existing. !,!, Exceptions. A. Developments within Collier County utilizing one hundred percent re·usc water for irri gation purposes are exempt from the restrictions of this Section. SECTION FIVE. City or Naples Seniee Artlt U. No extension of existing discribution water mains of the water system of the City of Naples may be made within the Collier County Water-Sewer District, Marco Water and Sewer District or the Goodland Wattr Discrict (collectively refmed to in this Section Five as "District") without the prior, written consent and approval of the governing board oCthe District, except that this Ordinance shall not apply to the lands described in Section 5.4. il All applications for said distribution water main extensions shall be made in writing to District staff who shall present said requests to the governing board of the District within thirty (30) days oC receipt thereof. U· The governing board of the District may attach reasonable conditions to the issuance of permits for distribution water main extensions which conditions may include, but not be limited to, provisions for payment of system development charges or impact fees which are, or may be enacted by Collier County. M. The City of Naples Water Service Area Boundaries are as follows: Beginning at the intersection of the easterly shoreline of the Gulf oCMexico with the southerly City limit line of the City of Naples; thence easterly along said southerly City limit line to the southeast corner of Section 27, Township SO south, Range 2S east; thence northerly aJong the easterly City limit line to the northeast comer of said Section 27; thence westerly aJong the north line ofScction 26, Township SO south, Range 25 east to the northeast comer of said Section 26; thence northerly along the east line of Section 23, Township SO south, Range 25 east to its intersection with the southerly right-ofway line of Thomasson Drive; thence easterly along said southerly right-of-way line of Thomasson Drive to its intersection with the range line lying between Range 25 east and Range 26 east; thence nor1herly along said range line lying between Range 25 east and Range 26 east to the northeast comer of Section 13, Township 49 south, Range 25 east; thence westerly aJong the north line of Sections 13, 14, IS, 16 and 17, Township 49 south, Range 25 east to the intersection of the north line of said Section 17 with the easterly shoreline of the Gulf of Mexico; thence southerly along the meanders of the easterly shoreline of the Gulf of Mexico to the point of begiMing. SECTION SIX. Sewer Use Restriction. 6.1. A. This Section Six sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system of the Collier County Water-Sewer District (hereinafter referred in this Section Six as "District") and enables the District to 26 12C6 .. "- ...... - ---.--- comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Part 403). B, The objectives of this Section Six are: I. To prevent the introduction of pollutants into the District wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; 2. To prevent the introduction of pollutants into the District wastewater system which will pass through the system, inadequately treated, into receiving waters or the aunosphere or otherwise be incompatible with the system; 3. To improve the opportunity to recycle and reclaim wa.'rtcwaters and sludges from the system; and 4. To provide for equitable distribution of the cost of the District wastewater system. C. This Section Six provides for the regulation of direct and indirect contributors to the District wastewater system through the issuance of pennits to certain non-domestic u.'ICrs and through enforcement activities, requires user reporting, assures that existing customers' capacity will not be pre-empted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. D. This Section Six shall apply to the District and to persons outside the District who are, by contract or agreement with the District, users of the County Publicly Owned Treaunent Works (POTW). Except as otherwise provided herein, the Public Works Administrator or his designee shaH administer, implement and enforce the provisions of this Section Six. 6.2. Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: A. "Administrator" shall mean the administrator of the U.S. Environmental Protection Agency or his duly authorized representative. B, "Authorized Representative" shall be a principal executive office of at least the level of vice president if the industrial user is a corporation; a general partner or proprietor if the industrial user is a partnership or sole proprietorship; or an individual if such representative is responsible for the overall operation of the facility. C, "BOD" ( denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20°C, expressed in milligrams per liter. D. "Building Drain" shall mean that part of the lowest horizontal piping ofa drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. E. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. 12C6 ' 27 12C641.., F, "Chemical Oxygen Demand (COD)" shall mean a measure of oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. G. "County" shall mean Collier County, the Board of County Commissioners of Collier County, Florida, or the duly authorized stafT, agent or the representative acting on behalf of the Board of County Commissioners to supervise and manage the operation of the publicly owned water and wastewater facilities. H. "Cooling Water" shall mean the water discharged from a building subsequent to its use for purposes connected with air conditioning, cooling, refrigeration, or for other purposes 10 which the only pollutant added is heat. I. "Direct Discharge" shall mean the discharge of treated or untreated wastewater directly 10 the surface waters of the State of Florida. J. "Domestic Wastewater" shall mean a combination of water -carried wastes which shall not exceed the following concentrations: 250mgll BOD, 250/] TSS, 30 mgl] TKN and 15 mgll Phosphorous. K. "Easement" shall mean acquired legal right for the specific use of land by others. L. "Environmental Protection Agency (EP A)" shall mean the United States Environmental Protection Agency, or where appropriate the term may aJso be used as a designation for the Administrator or other duly authorized official of said agency. M. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing offoad, and from the handling, storage and sale of produce. N. "Indirect discharge" shall mean the discharge or introduction of non -domestic pollutants from any source into the municipal wastewater facilities as regulated under Section 307 (b), (c), or (d) of the Clean Water Act, as amended from time to time. O. "IndustriaJ User" shall be a source oflndirect Discharge mI regulated under Section 307 (b), (c), or (d) of the Clean Water Act, as amended from time to time. P, "lndustriaJ Waste Surcharge" shall mean the monetary charge made in excess of the sewer service charge for aJl wastewater over and above nonnaJ wastewater. Q. "lndustriaJ Wastes" shall mean the liquid wastes discharged from industrial manufacturing processes, trades, or businesses and having characteristics exceeding domestic wastewaters. R. "lnfillration/Inf1ow" shall mean ground water and surface water which leaks into the sewers through cracked pipes, joints, manholes or other openings. S. "Inteñerence" shall mean the inhibition or disruption of the Publicly Owned Treatment Works (POTW) processes or its operation which contributes to a violation of any requirement of the County's state issued operating pennit. T. "May" is a word that when utilized in this Ordinance has a permissive meaning. U. "National Categorical Pretreatment Standard" or "Pretreatment Standard" shaJl mean any regulation containing pollutant discharge limits promulgated by EP A in accordance with the Clean Water Act, as amended from time to time. 28 -.. -.-----.----- 12C6 V. "Natura1 Dullet" shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. W, "Normal Wastewater" shall mean wastewater discharged into the sanitary sewers in which the average concentration of total suspended solids and BOD is not more than 250 mgll BOD and 250 mg/l TSS, total phosphorous is not more than 15 mg/l, total Kjeldahl nitrogen is not more than 30 mg/I; and total flow is not more than 25,000 gallons per day. X. "Owner" shall mean person desiring or receiving service. Y. "Person" shall mean any individual, firm, company, government entity, association, society, corporation, or group. Z. "pH" shall mean the logarithm (base 1 0) of the reciprocal of the weight of hydrogen ions in grams per liter of solution. AA, "Pollution" shall mean the man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water. BB, "Pollutant" shall mean any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munition.'I, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal or agricultural wastes discharged into the surface waters or ground waters of the State of Florida. CC. "Pretreatment or Treatment" shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties of a wastewater to a less harmful degree prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. DD. "Pretreatment Requirements" shaH mean any substantive or procedural requirement related to a pretreatment other than a National Categorical Pretreatment Standard imposed on a non-domestie wastewater discharger. EE. "Private Sewage Disposal System" shall mean any individual on-site sewage treatment and disposal system such as septic tanks, cesspools and similar facilities but not including package sewage treatment plants. FF. "Properly Shredded Garbage" shall mean the wastes fiom the preparation, cooking and dispensing of food that have been shredded to such degree that all anicles will be carried freely under the flow conditions nonnaIly prevailing in public sewers. with no particle greater than one-half(Y2) inch (1.27 centimeters) in any dimension. GG. "Publicly Owned Treatment Works (p0TW)" shall mean a treatment works which is owned by the District. This definition includes sewers that convey wastewater to the treatment works, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. HH. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by a public authority. 29 12Cb II. "Sanitary Sewer" shall mean a sewer which carries sewage and to which stonn, surface waters and ground waters are not intentionally admitted. JJ. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings. institutions and industrial establishments, together with such ground waters and surface and storm waters as may be present. KK. "Sewage Treatment Plant" shall mean all facilities for treatment and disposal of sewage. LL. "Scwage Works" shall mean all facilities for collecting. pumping, treatment. and disposal of sewage. MM. "Sewer" shall mean a pipe or conduit for carrying sewage. NN. "Shall" and "Will" are words that when utilized in this Ordinance have a mandatory meaning. 00. "Significant Violation" shall be a violation which remains uncorrected for 45 days after notification of noncompliance; which is part of a pattern of noncompliance over a twelve month period; which involves a failure to accurately report noncompliance; or which results on the POTW exercising its emergency authority to halt or eliminate immediately a discharge. P? "Slug" shall mean any discharge of water, sewage or industrial waste in concentration of any given constituent or in quantity of flow may cause upset of the POTW operation or exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during nonnal operation. QQ. "State" shall mean the State of Florida or regulatory agency within the State government having jurisdiction over a particular topic of concern. RR. "Standard Industrial Classification (SIC)" shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, in 1972, as amended from time to time. SS. "Stann Drain" (sometimes termed "stonn sewer") shall mean a sewer which carries stann and surface waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water. IT. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering, 00. "Toxic Pollutant" shall mean any pollutant or combination of pollutants listed as toxin regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of the Clean Water Act. as amended from time to time. VV. "User" shall mean any person who contributes, causes or permits the contribution of wastewater into the County's POTW. WW. " Public Works Administrator" shall mean the person designated by Collier County to supervise the operation of the pub1ic1y-owned treatment works or his duly authorized deputy, agent or representative. 30 ..---...-- '-'>'-'-~-'-""'~--'- 12C6 XX. "Wastewater" shall mean a combination of the water-carricd wastes from residences. business buildings, institution, and industrial eSiablishments. together with such ground. suñace and stonnwaters as may be present. YY. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intennittently. ZZ. "District" shall mean the Collier County Water-Sewer ~istrict and Marco Water and Sewer District. AM. Carbonaceous BiologicaJ Oxygen Demand ("CBOD") shall mean a quantitative measure of the amount of dissolved oxygen required for the biologicaJ oxidation of carbon-containing compounds in a sample. 2J.. Abbreviations. A. "ASTM" American Society for Testing and Materials B. "000" BiochemicaJ Oxygen Demand C. "CBOO" Carbonaceous BiologicaJ Oxygen Demand O. "CFR" Code ofFederaJ Regulations E. "COD" ChemicaJ Oxygen Demand F. "FOEP" Florida Department of Environmental Protection G. "EPA" U.S. Environmental Protection Agency H, "mgll" Milligram per liter I. "NPDES" National Pollutant Discharge Elimination System 1. "POTW' Publicly Owned Treatment Works K. "ppm" Parts Per Million L. "SIC" Standard Industrial Classification M. "SS" Suspended Solids N. "TKN'Total Kjeldahl Nitrogen O. "WEP' Water Environment Federation 6.4, Supplemental SCIVÍce Charge A. Wastewater system users detennined by the District to be included in the Pretreatment program shall pay a monthly Supplemental Service Charge for the additional services required to monitor the wastes being discharged by such users. This charge shall be separate and distinct from the industrial sewage strength service charge. This Supplemental Service Charge will be levied for the following: I. Monitoring, inspections and surveillance procedures; 2. Collection and analyses of wastewater samples; 3. Collection and evaluation of monitoring data; 4. Equipment servicing by an independent service company; 5. Other requirements deemed necessary to implement the Pretreatment program as delineated in this Ordinance. 31 M. Rules and Regulations A. The following Rules and Regulations apply throughout the area encompassing Collier County and to all wastewater dischargers provided wastewater service by the District. B. Discharge oflndustrial Waste. I. Any Owner discharging industrial Wastes into the wastewater collection system at the time of passage of this Ordinance shall submit a discharge pennit application in the required fann with six (6) months from the date of passage of this Ordinance. All industrial wastewater dischargers proposing to discharge into the District's wastewater system shaH tile with the District on forms furnished by the District an additional application for discharge pennit, showing the volume, strength and characteristics of waste discharged or to be discharged in to the Public Sewer. If detennined necessary by the District, analyses of the representative wastes shaJl be made by an approved independent laboratory and submitted with the application. Following the initial approval, any change in the use of the premises or clw1ge in production or operation thereof which causes an alteration in the water use, waste volume, strength or characteristics, shaJl require an amended application to be tiled and approved by the District prior to implementing the proposed alteration to the premises. All discharge pennit and amended discharge pennit applications will require payment of a fee to be paid at the time the application is filed. All review costs, in addition to the basic discharge pennit fee, shaJl be borne by the User and paid prior to issuance of any discharge pennit. 2. It shaJl be unlawful for any User of the District sewers to discharge industrial wastes into the public sewers without obtaining a discharge pennit from the District. Applications for such discharge pennits shaJl be made to the District on fonns provided by the District. All infonnation that the District deems necessary to determine potential impacts to the Publicly Owned Treatment Works shaJl be provided by the applicant. 3. Discharge pennits shall be issued to the applicants by the District upon finding that the information set forth in the application will confonn to the provisions of this Ordinance, and that the proposed use will be compatible with the capacity, process, treatment and nutrient load of the District wastewater facilities. Discharge pennits shaJl be valid for a term ofthrce (3) years from the date of issuance unless surrendered to, or revoked by, the District upon the determination that an industrial user is exceeding the peak quality and volume of effluent set forth in the original application and/or discharge pennit conditions. In the event an Industrial User proposes to make any change in the peak quality and volume of effluent during the tenn of the permit, resulting from increases in production and/or changes in the production profile, beyond the scope of the discharge pennit, such User shaJl file an amended application for a pennit authorizing such 32 l¿L;b 1, change. Such permit shaH not be reassigned or transferred to a new Owner, new User or different premises without the approval of the District. Discharge permits shall be renewed by completing the pennit application fonn and subsequent review of the application and historical compliance records. 4. Applications must be signed by the Owner of the premises or his duly authorized agent, and signed by the authorized representative of the District showing payment to the District and County of the applicable connection charges and impact fees provided for prior to the initiation of the services. 5. All applicants for service, whether or not such service is to be provided to property within the District area. expressly agree as a condition of acceptance of service to abide by the rules and regulations delineated herein. 6. All cost and expenses incident to the installation and coMeclion of the building sewer shaH be borne by the Owner. The Owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. C. Effluent Quality Bond. I. To further assure compliance with the requirements of this Section Six, all pennitted Industrial Users, upon receipt of the discharge permit. shaH deposit with the District and "Discharge Quality Bond" for the pennit years payable to the County and District and conditioned upon the Industrial User's faithful compliance ~ith the provisions of this Section Six and all State and Federal Regulations relating to water pollution control. Said bond shall be further conditioned upon the Industrial User's prompt payment of all charges assessed to the Industrial User by the District under the provisions of this Section Six resulting from the Industrial User's failure to comply with the tenns hereof, and to the Industrial User fully indemnifying and protecting the County and District from any penalties, damages or claims for penalties and damages (including attorney's fees and cost for defending such claims, including any appeals) arising or resulting from the Industrial User's failure to comply with any provision of this Section Six and/or the State and Federal Regulations relating to water pollution control. The amount of the discharge quality bond shall be set forth by resolution. The bond shall be approved by the County Attorney as a condition of issuance of any pennit. D. Use of Public Wastewater System. I. No user shall discharge or cause to be discharged any stonnwater, surface water, groundwater, roofrun-off, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any public wastewater collection system. 2. Stonnwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as stonn sewers, or to a natural outlet approved by the 33 ~'-~U 12Cb ' I County. Industrial cooling water or unpolluted process waters may be discharged. on approval by the County, to a stonn sewer or natural olnlet. 3. Other discharge limitations established 10 prevent interference with the operation or perfonnance of the Publicly Owned Treatment Works (POTW) are specified by the following sections. E. General Discharge Prohibitions. I. No User shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or peñonnance of the Publicly Owned Treatment Works (POTW). These general prohibilions apply to all such Users of a POTW whether or not the User is subject to the National Categorical Pretreatment Standards or any other Federal, State, or local Pretreatment Standards or Requirements. A User shall not contribute the following substances to any POTW: (a) Any liquids, solids or gases which by rea..';on of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way 10 the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than five percent (5%), nor any single reading over ten percent (I OO!ó) of the Lower Explosive Limit (LEL) of the meter, Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any other substances which the County, District, the State or EPA has notified the user is a fire hazard 10 the system. (b) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-halfinch (V:a") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, tone or marble dust. metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, used birth control and feminine hygiene products, wastepaper, wood, plastics, gas, tar, asphalt residues, residues trom refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. (c) Any wastewater having a pH ofless than 5.5, or higher than 9.5, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW. 34 12C6·" (d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or intmere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitations set forth in the NationaJ Categorical Pretreatment Standards. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307( a) of the Clean Water Act, as amended from time to time. (e) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes arc sufficient to create a public nuisance or hazard to life or arc sufficient to prevent entry into the sewers for maintenance and repair, (f) Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and re-use or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Clean Water Act, as amended from time to lime; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Subsiances Control Act, or State criteria applicable to the sludge management method being used. (g) Any substance which may cause the POTW to violate its State operating pennit(s) or the receiving water quality siandards. (h) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable t3nning solutions. (i) Any wastewater having a temperature which will inhibit biological activity in the POTW resulting in intmerence, but in no case wastewnter with a temperature at the introduction into the POTW which exceeds 400C (104°F). (j) Any waste or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/J or containing subsiances which may solidify or become viscous at temperatures between thirty-two (32°) and one hundred four (l04°F) (0° and 40°C). (k) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a User knows, or has reason to know, will cause intmerence in the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes 35 12Cb more than five times the average twenty-four (24) hours concentration, quantities, or flow during nonnal operation. (I) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed the limits established in compliance with applicable State or Federal Regulations. (m) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty. five [65] degrees Celsius). (n) Any garbage that has not properly been i'h."'1:dded. The installation and operation of any garbage grinder equipped with a motor of three.fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Public Works Administrator. (0) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions, whether neutralized or not. (p) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Public Works Administrator for such materials. (q) Any waters or wastes containing phenols or other taste. or odor-producing substances, in such concentrations exceeding limits which may be established by the Public Works Administrator as necessary, after treatment of the composite sewage, to meet the requirements of the state, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters. (r) Material which exert or cause: (i) Concentrations of inert suspended solids (such as, but not limited to, sodium chloride and sodium sulfate) ditTering from that typically found in domestic wastewater. (ii) High BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a higher loading than nonnal wastewater on the sewage treatment workers. (Hi) High volume of flow or concentration of wastes constituting slugs. (s) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed. or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to receiving waters. (t) Any wastewater which causes a hazard to human life or creates public nuisance. 36 12C6f1 2, When the District determines that a User(s) is contributing to the POTW, any of the above enumerated substances in such amounts which threaten to interfere with the operation of the POTW or may present an endangerment to the environment. the District shall have the authority to immediately haJt or prevent any discharge of pollutants to the POT\\'. The District shaJl provide the User notice oflhis action in accordance with Section 6.7, paragraph E of this Ordinance. 3. Subsequent to such action, the District shaJl allow the User 30 days for a response, which shall include the cause of the discharge and corrective measures taken. Wastewater service shaJl not be resumed until such corrective measures as needed have been undertaken to eliminate threat of interference or endangerment to the environment 4. Following this response period, the District, as it determines necessary, shall begin development of effluent limitation(s) and a compliance schedule for such user to COITCct the interference with the POTW. F. Maximum Concentrations Allowed. I. All sewage service customers are prohibited to discharge the following above their indicated concentrations at any time: (a) Cyanide 0.050 mgll (b) Arsenic 0.020 mgll (c) Cadmium 0.030 mgll (d) Total Chromium 0.010 mgll (e) Copper 0.300 mgll (f) Lead 0.200 mgll (g) Mercury 0,002 mgll (h) Nickel 0.200 mgIJ (i) Silver 0.040 mgll G> Zinc 0.300 mgll (k) Total Phosphorous 10.00 mgll (I) Ammonia Nitrogen 25.000 mgll (m) Total Nitrogen 40.000 mgll The concentrations set forth above shall automatically be amended to comply with state and federal regulations. ' G. Approval of Pretreatment Facilities. If the District permits the pretreatment or equali7..ation of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the District. and subject to the requirements of all applicable codes, ordinances, and laws. H. Maintenance of Pretreatment Facilities. Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes. they shall be maintained continuously in satisfactory and effective operation by the Owner at Owner's expense. 37 --,--- 12C6 J. Use ofInterceptors (Traps). Grease, oil, and sand interceptors shall be provided when, in the opinion of the District, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling or dwelling units. All interceptors shall be of a type and capacity approved by the District; and shall be located as to be readily and easily accessible for planning, cleaning and inspection. The minimum size of interceptors shall be in conformance with the County's Plumbing Code, except that interceptors for restaurants of all types shall be 25 gallons of capacity per restaurant scat. J. Use of Control Manhole. When required by the District, the Owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be constructed in accordance with plans approved by the District. The manhole shall be installed by the Owner at his expense, and shall be maintained by Owner so as to be safe and accessible at all times. K. Measurements, Tests. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole shall be carried out by customarily accepted methods to reflect the effect of constituents upon sewage works and to determine the existence ofhazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls whereas pHs are determined from periodic grab samples.) L. Special Arrangements. No statement contained in this Ordinance shall be construed as preventing any special agreement or arrangement between the District and any industrialvconcern whereby an industrial waste of unusual strength or character may be accepted by the District for treatment, when acceptance by the District will aid in treatment at the sewage treatment plant, subject to payment of an additional charge for treatment of these wastes by the industrial concern. M, Special Arrangements - Determination of Acceptability. In fonning the opinion as to the acceptability of the wastes enumerated in Section 6.5, paragraph E., the District will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers., nature of the sewage treatment plant. degree of treatability of wastes in the sewage treatment plant. and other pertinent factors. N. National Categorical Pretreatment Standards. Upon promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, 38 ;C64"'1 if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this Ordinance. The District shall notify aU affected Users of the applicable reporting requirements under 40 CFR. Section 403.12, as amended from time to time. O. Alternative Discharge Limits. The User(s) shall have the right to seek. at their expense, modified Categorical Pretreatment Standards by obtaining a removal allowance, using the combined wastestream formula. and/or obtaining a fundamentally different factor variance through the procedures outlined in 40 CFR., Part 403, as amended from time to time. P. State Requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this Ordinance. Q. County's and District's Right of Revision. The County and Dis1rict reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this Ordinance. R. Excessive Discharge. No User shall ever increase the use ofprocess water or, in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the County, District or State. S. Pretreatment Standards. I. Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the District shall be designed. constructed. operated. and maintained by the User at his expense with the prior approval of the District. 2. All records relating to compliance with the referenced pretreatment Standards shall be made available to the County, District, the State and the EPA for examination and duplication upon request at no charge. T. Slug Discharges. I. Each User shall provide the District protection from slug discharge of prohibited materials or other substances regulated by this Ordinance. Facilities to prevent slug discharge of prohibited materials shall be provided and maintained at the Owner's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the District for review, and shall be approved by the District before construction of the facility. Expenses for such review shall be borne by the User and paid prior to final approval for COnstruction. All existing Users shall complete such a plan within one (I) year of the issuance ofan Effluent Permit. No User who commences contribution to the POTW after the effective date of this Ordinance shall be 39 -----_._-,.__.~~_.- ~_. l"~O permitted to introduce pollutants into the system until slug discharge procedures have been approved by the District. Review and approval of such plans and operating procedures shall not relieve the Industrial User from the responsibility to modify the User's facility as necessary to meet the requirements of this Ordinance. In the case of a slug discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. This notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. 2. Within five (5) days following a slug discharge, the User shall submit to the District a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future cx:currences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred 8:' a result of damage to the POTW. fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Ordinance or other applicable law. 3. A notice shall be permanently placed on the User's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or sutTer such a dangerous discharge to occur are advised of the emergency notification procedure. U. Reasonable Service Conditions. I. The District reserves the right to refuse to provide, or to cease providing, water or wastewater service to any COMector for reasons which shall include, but shall not be limited to, use of water or contribution of wastewater in such manner or fonn as to be injurious or detrimental to the general welfare of its customers or the community. The District may require that pretreatment flow regulations, or other remedial, preventive, or corrective facilities be installed at the expense of the connector. when the situation so warrants the provision and use of such facilities. 2. The District shall have the authority to halt or eliminate immediately and etTectively, upon notice to the User in accordance with Section 6.7., paragraph E of this Ordinance, any actual or threatened discharge of pollutants to the POTW which presents or may present an imminent or substantial endangerment to the health or welfare of persons. V. Baseline Report. I. Within 180 days after the etTective date of a categorical Pretreatment Standard, all Industrial Users subject to Pretreatment Standards shall submit to the District a report containing the following infonnation: (a> The name and address of the facility including the name of the operator and Owners; 40 -"..,'_..._----"_...,,---~"""_._- ~?C6 ~~ (b) A list of any environmental control pennits held by or for the facility; (c) A brief description of the nature, average rate of production and Standard Industrial Classification of the operations. This description shall include a schematic diagram of points of discharge to the POTW from regulated processes; (d) The measured maximum single day flow, peak one hour flow, and the average daily flow from each process stream, in gallons per day; (e) The Pretl=trnent Standards applicable to each regulated process. The User shall submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each process. These samples shall be representative of daily operations and include both maximwn and average daily concentrations. Where feasible, samples must be obtained through flow proportional composite s>.nípling techniques specified in the applicable Categorical t1'etreatment Standard. Where composite sampling is not feasible, a grab sample will be accepted. Where stream flow is less than or equal to 250,000 gallons per day, the user must take three samples within a two-week period. Where stream flow is greater than 250,000 gallons per day, the User must take six samples within a two-week period. Samples should be taken immediately downstream from pretreatment facilities if such exist. or immediately downstream from the regulated process if no pretreatment exists. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, or amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Public Works Administrator dctennines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods. as approved by the District and the Administrator. The District may allow the submission of a baseline report which utilizes only historical data if the data provides information sufficient to determine the need for pretreatment measures. The baseline report shall indicate the time, date, and place of sampling and methods of analysis and shall certify that such sampling and analysis is representative of nonnal work cycles and expected pollutant discharges to the POTW; and (f) A statement reviewed and signed by an authorized representative of the Industrial User and certified to by a qualified professional engineer indicating whether Pretreatment Standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or 41 12C6 '1 additional pretreatment is required or the industrial user to meet the Pretreatment Standards and Requirements. W, Compliance Schedule. The District shall require Industrial Users to develop compliance schedules required to meet Pretreatment Standards. The proposed compliance schedule shall be submitted to the District for review and approval. This schedule shall be the time limits required for industrial users to provide additional pretreatment and/or operation and maintenance in order to meet these Preb~uent Standards. The completion date of this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. The schedule shan contain increments of progress in the fonn of specific dates for completion of major events leading to the construction and operation of required pretreatment facilities necessary for the Industrial User to meet the applicable Pretreatment Standards. No increment of such schedule shall exceed nine (9) months. No later than 14 days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the District including whether or not it complied with the increments of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay and measures being taken to return to the schedule established. X. Compliance Date Report. An Industrial User subject to the National Categorical Pretreatment Standards and associated Pretreatment Requirements will submit to the District within ninety (90) days following the date for final compliance with said Pretreatment Standards and Requirements, or in the case of a new connector following commencement of wastewater discharge to the POTW, a report indicating the nature and concentration. as well as the maximum single day, peak one hour and average daily flow. of all pollutants limited by said Pretreatment Standards and associated Pretreatment Requirements being discharged to the POTW. This report will indicate whether the applicable Pretreatment Standards and Requirements are being met on a consistent basis, and if not, what additional operation and maintenance procedures and/or pretreatment will be implemented to bring the user into compliance with the applicable National Categorical Pretreatment Standards and associated Pretreatment Requirements. This statement shall be signed by an authorized representative of the industrial user and shall be certified by a qualified engineering professional. Y. Periodic Compliance Reports. I. A User subject to the National Categorical Pretreatment Standards and associated Pretreatment Requirements will submit to the District during the months of June and December, unless required more frequently in said Pretreatment Standards or by the District, a report indicating the nature and concentration of pollutants in the effluent which are limited by the referenced Pretreatment Standards. In addition. this report will include a record of the maximum single day and average daily flows being discharged during the reporting period. At the discretion of the District and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the District may decide to alter the months during which the compliance reports are to be submitted by a particular User. These 42 -----.--.-.--.--- 12Cb reports shall be signed by an authorized representative of the industrial user prior to submittal. 2. The District may impose quantum limitations on Users in order to meet the applicable National Categorical Pretreatment Standards and associated Pretreatment Requirements. or in other cases where the imposition of quantum limitations are appropriate. In such cases, the compliance report required by subparagraph 1 of this Paragraph will indicate the quantity of pollutants regulated by said Pretreatment Standards to be discharged by the user. These reports will contain the results of sampling and analyses of the discharge, and will include a record of the flow, nature and concentration. or quantity in pounds where requested by the District of pollutants contained therein which are limited by the applicable Pretreatment Standards and associated Pretreatment Requirements. The frequency of monitoring will be prescribed in the referenced Pretreatment Standards. All analyses will be perfonned in accordance with the procedures established by the Administrator pursuant to Section 304(g) of the Clean Water Act and contained in 40 CFR. Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling will be perfonned in accordance with the techniques approved by the Administrator. It should be noted that where 40 CFR. Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analyses will be perfonned in accordance with the procedures set forth in the EP A publication entitled "Sampling and Analysis Procedures for Screening oflndustrial Effluents for Priority Pollutants" dated April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator. M. Monitoring and Inspection. A. Monitoring Facilities. The District shaH require constnJction, operation and maintenance, at the User's expense, of monitoring facilities to allow inspection of the building sewer and/or internal drainage systems, and sampling and flow measurement of the waste being discharged to the POTW. Appropriate valving shall be included in design and constnJction of such facilities to halt discharges immediately and effectively under situations described by Section 6.5, paragraphs Hand t. The monitoring facility should normally be situated on the User's premises, but the District may, when such a location would be impractical or cause undue hardship to the User, allow the facility to be constrocted in the public right-of-way and located so that it will not be obstructed by landscaping or parked vehicles. Ample room shall be provided in the area of such sampling manhole or facility to allow accurate sampling and preparation of samples for analyses. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the User. Whether constructed on public or private property, the sampling and monitoring facilities shall be constrocted in accordance with the District requirements and all applicable local construction standards and specifications. 12Cb ' , B. Inspection and Sampling. The District shall inspect the facilitiCII of any User to ascertain whether the purpose of this Ordinance is being met and that all requirements are being complied with, Persons or OCC\Ipants of the premises where wastewater is being generated ::and discharged to the POTW will allow the representatives of the District. the State or the EPA ready access at all reasonable times to an parts of the premises for the purposes of inspection. sampling, records examination and records duplication or in the performance of any of their designated duties. Collier County, District, the State and the EPA shan have the right to set up on the User's property such devices as are necessary to conduct sampling. inspection. compliance monitoring and/or metering operations. In those cases where a User has security measures in force which would require proper identification and clearance before entry into their premises, the User shall make necessary arrangements with their security guards 50 that upon presentation of suitable identification. personnel from Collier County, District, the State and the EP A will be permitted to enter, without delay, for the purposes of perfonning their specific responsibilities. C. Powers and Authority of Inspectors. I. Duly authorized employees of the County or District bearing proper credentials and identification shall be admitted to all properties for the purpose of inspection. observation. measurement, sampling and testing pertinent to discharge to the sewer system in accordance with the provisions of this Ordinance. 2. While performing the necessary work on private properties referred to herein, the authorized employees of the District shall observe all safety rules applicable to the premises established by the Owner. 3. Duly authorized employees of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds an casement for the purpose of, but not limited to, inspection. observation, measurement, sampling, repair and maintenance of any ponion of the wastewater facilities lying within said casement, shall be done in full accordance with the terms of the duly negotiated casement pertaining to the private property involved. 2.1. Violations, A. Penalties. I. If any person fails or refuses to obey or comply with or violates any or the provisions of this Section Six, such person upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Two Thousand Dollars ($2,000) or by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the Court. Each violation or non- compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. 2. Nothing herein contained shall prevent or restrict the County or District from taking such other lawful action in any court of competent jurisdiction as is 44 2C6 .., necessary to prevent or remedy any violation or non-<:ompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. 3. Further, nothing in this Ordinance shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. 4. All remedies and penalties provided for in this Section shall be cwnulative and independently available to the County and Disirict and the County and District shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. B. Authority to Disconnect Service. I. The District may tenninate water and wastewater disposal services and disconnect a User from the system when: (a) Acids or chemicals damaging to sewer lines or the treatment process are released into the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater, or (b) A governmental agency infonns the District that the effluent from the wastewater treatment plant is no longer of a quality pennitted for discharge into a watercourse, and it is found that the User is delivering wastewater to the District's system that cannot be sufficiently treated or requires treatment that is not provided by the Disirict as nonnal domestic treatment; or (c) The User. (i) Discharges industrial waste or wastewater that is in violation of the pennit issued by the approving authority; (ii) Discharges wastewater at an uncontrollable, variable rate insufficient quantity to cause an imbalance in the wastewater treatment systems; (iii) Fails to pay a monthJy bill for water or sanitary sewer services when due; or (iv) Repeats a discharge of prohibited wastes into public sewer. C. Suspension of Service. I. The District may suspend the wastewater treatment service and/or effluent pennit when such suspension is necessary, in the opinion of the District, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the District to violate any condition of its NPDES Permit. 2. Any person notified of a suspension of the wastewater treatment service and/or the effluent permit shall immediately stop or eliminate the contribution. In the 45 12Cb event of a failure: of the person to comply voluntarily with the suspension order, the District sha!l take such steps as deemed necessary including initiation of legal action by the County Attorney and immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The District shall reirutate the effluent pennit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the User describing the causes of the hannfu1 contribution and the measures taken to prevent future oc:currencc shall be submitted to the District within 1 S calendar days of the date of occurrence. D. Revocation of Penn it. I. Any User who violates the following conditions of this Ordinance or applicable State and Federal regulations. is subject to having his pennit revoked in accordance with the procedures of Section 6.7, paragraph E of this Ordinance: (a) Failure: of a User to report factually the wastewater constituents and characteristics of his discharge. (b)' Failure: of the User to report significant changes in operations, or wastewater constituents and characteristics. (c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring, (d) Violation of conditions of the pennit. E. Notice of Disconnection, Suspension, Revocation. The District shall notify User in writing prior to disconnecting. spending or revoking User's service or pennit. Said notice will inform User of the sections of this Ordinance he is violating, state what corrective action must be taken, and state the time period necessary for said corrective action. Failure to comply with the notice will result in disconnecting, suspending or revoking User's service or pennit. However, District may disconnect. suspend or revoke User's service or permit prior to notification in emergency situations. User will be notified immediately after said action is taken. 2...8.. Confidential Information. A. Confidential Information. I. Information and data on a User obtained from reports, questionnaires, permit applications, pennits and monitoring programs and inspections shall be available to the public or other governmental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the District and County that the information is not public record and is clearly within an exemption outlined in the public record laws of the State of Florida. 2. When requested by the User furnishing a report, the portions of said report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to the governmental agencies for uses related to this Section, the State disposal permitting system and/or the State and Federal pretreatment programs; provided, 1?C6~~ however, that such portions of a report shall be available for use by the State or other State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential infonnation. B, Notwithstanding any of the provisions of this Subsection. nothing shall be construed or interpreted to require Collier CoW1ty or the District to violate any public records laws of the State of Florida. allowing public access to records of Collier COW1ty and the District. nor shall it require Collier County or the District to violate any United States Government or Federal act or law, requiring disclosure of public records. Any release of information or disclosure made by the County or District in order to comply with such laws should not give rise to a cause by any User, based on the release of such infonnation. §..2. Service Charges and Fees A. Purpose. It is the purpose of this Section to provide for the recovery of costs from Users of the Di5trict's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth by Resolution of the Collier County Board of County Commissioners as the governing body of Collier COW1ty, Florida. and as ex-officio the governing board of the District. B. Service Charges. It is hereby determined necessary to fix and collect sewer service charges from customers. These service charges shall be published separate from this Ordinance and the revenue received shall be used for operation. maintenance, debt retirement and other authorized expenses. C. Charges and Fees. I. The District may adopt charges and fees which may include: (a) Fees for reimbursement of costs of setting up and operating the District's pretreatment program; (b) Fee for monitoring, inspection and surveillance procedures; (c) Fees for reviewing accidental discharge procedures and construction; (d) Fees for pennit applications; (e) Fees for filing appeals; (f) Fees for consistent removal (by the District) of pollutants otherwise subject to Federal Pretreatment Standards; (g) AmOW1t of effluent bond; (h) Fees for special arrangements; and (i) Other fees as the District may deem necessary to can')' out the requirements contained herein. (j) These fees relate solely to the matters covered by this Section and are separate from all other fees chargeable by the District. SEmON SEVEN. Penalties. Unless another penalty is specifically provided for. any person who violates any section or provision of this Ordinance shall be prosecuted and punished as provided by Section 125.69, 47 -- 12C6 Florida Statutes. Each day the violation continues shall constitute a separate offense. Additionally, the Board may bring suit for damages or to restrain, enjoin or otherwise prevent the violation of this Ordinance in the Circuit CoW1 of Collier County. SECTION EIGHT. Conflict aDd ScvenbiJity. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If tiny section, phrase, sentence or portion of this Ordinance is for any reason 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 portions thereof. SECTION NINE. R,peal of Ordinances. Collier County Ordinance Nwnbers 74-28, 75-5, 75-20, 76-38, 77-9, 77-19, 77-44. 77-57. 77-58.79-3,79-25,79-103,80-43,82-38,83-38,83-39, 83-40. 83-49. 84-35. 84-62, 85-19, 85- 47,85-49,85-69,85-81,86-67,86-73,87-28,87-46,88-4, 88-34, 89-2, 89-80, 91-69, 91-80. 92- 26, 92-64, 93-30, 95-70, 95-72 and 96-7 are hereby repealed and superseded in their entirety. SECTION TEN. Inclusion in tbe Code olLawI 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 renwnbcred or relettered to accomplish such., and the word "ordinance: may be changed to "section", "anicle". or any other appropriate word. SECTION ELEVEN. Effective Date. This Ordinance shall become effective upon being filed with the Department of State. YSED A+ND DUL Y adopted by the Board of CoW1ty Commissioners this ;(3' day of _~k ,1997. / A~~llE' ' . ~:p~GI{fJì". ~OCK, CLERK -,.....~('~~ ',. :If"'" .-- ~¿. '..:. ~~»~. ¿). ê .". . ",., ,11, ... .,,". ,'~- ..... r/. ,-. (¡ '.,,' (\'~ ~¡(}A._ (''II."'\~\)\. Approved 'as.to fonn and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID ¡) ,d.( j ¡1iL0L-- fÓiL avid C. Weigel County Attorney '. - STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Çollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCB NO. 97-48 Which was adopted by the Board of County Commissioners on the 23rd day of September, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of September, '. 1997. l' 'f:...~S.oI . .~ ~·~\\}'tIiJf, \.~~;~,:~ ~GHT B B~^'""', : ~;. ' ·~'¡.&.·m ~,l.l¡" ' " Uft¿ . ~. _'-~, f ..J1....,.'.t . Clerk of Courts. ana.~·ér~r~ ~~'"'' ~. . ',i,....J Ex-officio to BoátdJóf"O<: :'b- ~-I1~~'" .;~ County Commissioner. "~:~ ~'~~~~~~~:. 'f, :4 ' ".". ,).;þ¡,'\-': ~1":' .. , '~ -, . ~ "". ., ... ~..,;G ",<''''::J~ - \~"i.:.','~ù.' ,i;(.., . . "1' ~...' ..: .! t .f'I,' (".:...... ..: . By: Bllie HOftmåñ~~q';r~:,!,>; ~,,:~. Deputy Clerk r~~~. }Jr'''.G··' . '.. ~ f ,'.4 ~..: -... . ~; , . ~~' j ',' . .,. . , .. - ~ d o · ,...c ~ OJ) · ...-4 t= ~ ~ rn bh ~ 0 ~~ o CFJ ~ U U 00 . ,.... 00 ~ ëa ~ Q) Q) ~ .-0 ~ ¥'-<~ ~:i~~' f. ", .. -,' f'..', .t;J,../ ' :; ;', J# t .' .'J :,:~ ,.,.' ;.'j:: i";"'~~ ~ 00 o U ,? c: c: ¡¡:; z 1 ~ .... æ ~ .. ¿; 1; 1 ! - I --........-.-.-.... ..- .~.~.,--~~......."...,...--'--".,--,...........-. 00 ~ ....... ø.. rJ:Jø:: 0- u} = .g o .~ ...-4 - ~!i C'à~ 01):Ë ....-c s t:=~ ~ ø:' ~~ o~ ~ ~ ~ o'§ 00 .~ ....-c ·ë ~ - cd ~ ~s ~ 'E u O~ U~ 00. - - a::a::Q. ~~ii: .0. Q N . ~ .,. Q 000 0 0 o 000 Q 0 . . . . . . 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""--,.._,,,;,,,;_...,~........~,,,..._<..".-, 00 ~ 00 o U s:= o · .....c -. ~ ~ 2 .000e g ~ o ~ ~ 8. ~ ~£ (1.) ~ § 00 < 'ß ~ ·E Q) s:=- ~ ~ ~ ~ Q) ~ o 00 u c\S 'Ë s:= ..Q u o ~ ~ 00 æ .t:: c\S S" o U ~ 5.æ9:S: a: a: a:: UJUJUJ Ll..LL.LL. t ~ 1 ~ N q ... .... ... ... o 0 cö cO ... or- tit tit o 0 0 0 0 0 q 0 ..t N 0 cö cO ..t N ò ... or- or- tit tit ... tit tit ... ~ ... q¡uow Jed ¡so:> 12C 6 . 0\ o o o Ô N o o o iii or- g = o c Ô 0 or- :::E '"' !. . c g .2 ~ ! o o o iii o o o ~ ~ COLLIER COt').ãY noRIDA REQUEST FOR I.EGAL AD\"IRTISING OF rUBUC HE~G~ (i) 12G 7 To: C1tr\: 10 tbe &ard: Please place the (onotriDl u a: X Son::':': :(&31 Advertisemenl (D~pla: ...:.,..Iocation. etc.) o Ot.!: ~ ......9.9........*.*......~......*........*...*.....*...****......9.................................····.· Or:gi%u=; DqW Div: Transportation/Public Works Person: Rick Grit; ~ Dale: Augus. I. 1997 P~rior. ~:, (I£none. give brief description): ..\ \. 97-009 Ptriri()n::- ,Same &. Address): C1wles Ro1l.e )614 Kent Dr, Naples., FL 3.s! 11 r-,:a.me &.; ."'.Litess of any ¡xnon(s) to be notified by auk', Office: (If more spac: oJ ::ffiicd. attach separate sheet) See AtUChed HcariDi ':-e:ore X BCC BZA Otbet Reques~': Hwing date: (Based aD advertiscmrnt appearing 10 days before :'ea.r::.; r-,:e....·~-o::u) to be used: (Complete only ifimportant): X ~apl:! Daily News [] Other X LepUy Required ProposC'~ ï en: (Include legal description &. common location &. Size: PETTT10\ ,'. 97-009 TO V ACA TE A PORTION OF AN EIGHTY F(x)T(E:' V,lDE DRAINAGE EASEME~'TO~ lOT 17, QUEENS PA.RK AT L.t..GO "~~DE. PHASE SIX AS RECORDED r.-; PLAT BOOK 16. PAG:..5 ~1 AND 53, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORC '0 Compa::.:::. pctition(s), if any &. proposed bc:.umg date: September 9,1997 Does Pe::~on Fee include advertising cost? X Y" 0 No IrYes, whar account ~:~d be char¡ed for advertising casu: 10 1-16:t :-).329100 ~.." e\, (,...:~ Di\isioI: H:ad Ap¡::-on; '=:-: !(~/t?7 C01.:.::t)· ~.~¡er Date List Atu:::nenlS: Resolution, Exhibits!Anac~ts aDd 0wDers List DlSTRIBtmON INSTRlTT10"S A. For bMDCI before sec or BU: hút1atia¡ perIOD to complete oDe co~ cd obtaia Dt'risIOD Head apprvnl before subl1ÚrtiJ:lC to County MaDaaU, Note: U IqaI documeat 11 i~vrd, be r..n that aay aecasary Iqal ..mew, or Rquest for s.une.ls submitted to Count}· Attoruey before nbmittJDI to COUDty ~b.:¡alff. De MaDalff's office wßJ distribute t:opi~: X COUD~' :'olanager .cenda file: to Oerk's Office X Requesdal DI'ris1on X OrI&ioat B. 00:-: :~arings: Initiating Division head to approve and submit original :~ G::',,'s OffICe, retaining. copy for file. ........................................................................................................... FOR CURK'S OFF1CE USE ~~~~ q "\ C\ r'1 \01 Î (j J .. ~ ~ ! "'Ie ",,'¡v'" ~ ".., of Pub';' ""'"'.' ~ o.Ie Am"- ~ ~ ; I 12C 7 j I'A% . œ D'&I%mI .3 (~~ 'fI[IS UlYmc.) m: r.oc:a.TD:III : DX Be: o A V - f 7 - 00 '1 ~~.I.~: J..¿ /' LOCATJ:()]f: C(ft'.T."I"IUI CCn,J1V'J:% PRmI: co, 1~·I-øt..IUSB . .. ~::~(~. PAX 110: (9.&11 770&-8408 ~ m: (9.&1) 774-8406 DATB smrr: ~:b 7 ~ SBIft': -~ I ~~ , I , . NO. DATE 5T.Tll'E TOTA...TII'E ~ ID STATUS ÞPGS DEPT CODE aJ't1. CODE 267 Ø8-Ø8 16:æ ~ 01' 54 92634864 0< 3 ~12 268 æ-øe 16: 13 ~01'51 92634864 0< 3 ~1A 269 Ø8-Ø8 16:34 ~ 01' 50 92634864 0< 3 ~16 270 æ-øe 16:43 00" 01 '50 I 92634864 0< 3 ~14, V1 øe-11 13:15 00" 02' 01 926J4864 CJ< 3 ~.J3A14 ' TOTA... ÞPGS 15 - August 11, 1991 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider petition AV-91-009 Dear Judi: 12C 7~ please advertise the above referenced notice two times, one time on Sunday, August 24, 1997 and one time on Sunday, August 31, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700897 12C 7 . NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SEPTEMBER 9, 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 AV-97-009, Charles Rowe, requesting to vacate a portion of an eighty foot (80') wide drainage easement on Lot 17, Queens Park at Lago Verde, Phase Six, as recorded in Plat Book 16, Pages 52 and 53 of the Public Records of Collier county, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Sue Barbiretti, Deputy Clerk (SEAL) 12C I . R£SOLUTJON NO. ,,-_ RESOLUTION FOR PETITION AV 97.009 TO VACATE A PORTION OF AN ElOHTY FOOT (80', WIDE DRAINAGE EASEMENT ON LOT 11, QUEENS PARK AT LAOO VERDE, PHASE SIX AS RECORDED IN PLAT BOOK 16, PAGES '2 AND S3, OF TIm PUBUC RECORDS OF COLLIER COUNTY., F1..oRrDA, WHEREAS, PUrJllanc to Secrion 177.101, Florida Statutes, Charles RoM: does hen:by m¡uest tile vacation of e portion of 11110' wide drainege casemcnt on toe 17, QucenI Part .. Laao Verde, Phatc Six.. =ordcd in Pbt Bcd 16, PIFf'2 and S3, of the Publie Rcc:onb ofColJier County, f1oríde; and WHEREAS, the Baud has tfris day held e publie hcarins to consídcr \IaCIdna . portion 0( said , .. easement as more /idJy dcsc:ribcd below, and lIOIice of said public hcarins ro Yac:afc was aM:n as required by laW; and WHEREAS, the srantÍ11B of the -=arion will IlOl edversely atfca the ownership or risht of COIn'eI'1ient access of ocher propeI1y OWIICß. NOW, THEREFORE, BF. IT RESOLVED BY. THE BOARD OF COUN'IY COMMISSIONERS OF COLLrER COtJN1Y, FLORIDA.lhaa lhe followins be and ÍI hereby vac:atcd: See EMibit M AM atracIIcd hcrdo and incorporated herein, BElT FURTHER RESOLVED, rhat the Clm is hcn:by dircacd to n:conI a c:ertificd copy ofdli. Resolution in rhc Public Records of Collier County, Florida, and 10 make rroper lIOIations of this v.IIQtion on the n::cordcd pial. This RSo/ution adopccd after motion. aeccnd and majority vote I'a~ same. DATED: A 1TEST: BOARD OF COtJN1Y COMMISSIONERS DWIGHT E, BROCK. CIertc COLLIER COtJN1Y, FLORIDA Appl'O\lCd as to form and legal JUffkiency: ~ Assistant Counry Aaomey By: Trmod1y L. H.ux:ock, Chairman """".._._-----"..........-....~.,--_..,"',_..,..<_._.'"' ,. 0Jþ ~t :r! 12C- 7 I RESOLUTION NO. 97- 376 RESOLunON FOR PETITION AV 97-009 TO VACATE A PORTION OF AN EIGHIY FOOT (80') WIDE DRAINAGE EASEMENT ON LOT 17, QUEENS PARK AT LAGO VERDE. PHASE SIX AS RECORDED IN PLAT BOOK 16, PAGES 52 AND 53, OF TIlE PUBUC RECORDS OF COLLIER COUN1Y, FLORIDA. WHEREAS, pursuant to Section 177.101, Florida Statutes, Charles Rowe does hereby request the vacation of a portion of an 80' wide drainage easement on Lot 17, Queens Park at Lago Verdc, Phase Six as recorded in Plat Book 16, Pages 52 and 53, of the Public Records ofCollicr County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of said easement as more fully described below, and notice of said pub1íc hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation win not adversely affect the ownership or right of convenient access of other property owners. NOW, TIlEREFORE., BE IT RESOLVED BY TIlE BOARD OF COUN1Y COMMISSIONERS OF COLLIER COUN1Y, FLORIDA, that the following be and is hereby vacated: See Exhibit "A'" attacbcd hereto and incorporated herein. BE IT FURTIlER RESOLVED, that the Clerk is hereby directed to record a certified copy of this Resolution in the Public Records of Collier County, Florida, and to make proper notations of this vacation on the recorded plat. This resolution adopted after motion. second and majority vote favoring same. DATED: ATrEST: DWlGFJ E. BROCK. ~C<k ¿'y.' .du.. ~ ~-p;-- 2> (7 // 0.1'J.;/· Approved as to form :: 7" ) legal sufficiency: JJtl¿ Æ~ Assistant County Attorney :zp~ Timothy L. còCk, 2229752 OR: 2349 PG: 3001 DCOIDJD lD OrrICIAJ. DCOIDS of COUtU covm, n 0'/25/'1 It 02:01PI DfIGBT I. BIOCl, CLIII DC m 60.00 coms 13.01 letll: WII !O m lOW ImlOrrICI 4TH fLOOI lIT 7240 __·'""""·_.7'.~""";-"",'-··'"'^,~~' ~......._,.,_..~.. -..,,__~..- L- 1 1 I -I _.n·-ow DR - ~ - 1 - I _-I I "" .. ..;.. g¡ -' ~ ~- "" ~ @ @! fJ'" ~.,.. .. I.... ç ~ _ I ._ ð! e' @! @ /. .@ ! ,... - - . @' \. ~. "'" _... 10 .- .. ~ ~ - ' ~ 9, '11 @) ¡ · J:;¡\ .. .It I ! ~ . .' ,8" - .. . c"ft1·@ ¡ .... ,~' . 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Z3 :. ~' ~ ::; ~ . ~ ':.j ;::,.... r.-: ...: ... --- ... on _ Co Co _ --... ~ - ... - - ... ..... - . :: ... g' 0_ ... .. .... - ~Ë ~8 - .. .. -- ~ -- ø.. ::: ;:: 8..; ~-=2 ..... .. .. C"J = . 8- ... = 5 ~........ ~ ~!: r- == ~:.;= ~_.:: C)~: C)." C"J- ::E =:;;: 8;; =- :2 ;:;; :1!!:= ..s.... - ... - ~.. ..... -.-. ._-þ-- ¡: : ..JtmMN 'IG"'''. 10 ,..m.. (J," q '7 - oo't 12C-7 _, INIIn Title COII'pM'( _nO! no" T...iHt1 TnU II. ,:.. . M.pl... "~rt~ ']t~ø 1111. ,,,,,.- ,,__ ." DøIm Ti~ 11 CCI!'p&II'I ....-: nøo TMlI...t 1'I'.U If. n.. , rrapl.'. Plod-cSt ]"., ~ ",.1_. Jrrtt I_"'u,I...«,.lts ......«.111 UO",'02.0' ""MI.' 1.1,1<., ';1(1 'f."" ;01S 'Lllt ~ MO:tPIIII om __ ,1C'tt nlll LI1II " rat "=Inroc "IA This WlltTlnty DmI, ,.¡, rIw a. ~ .,,, ~r . 19 ,~ . ., a.vn: COImClt.OR. A C1llCt.1 nuon 10111) OUOOIIY OUIOIlI), A MUKI1X1 m:öO:f A<rd'ltlþ",UIIl"'tlwCmrH" roCKMUI .. IOWI All:) 1Í'rn aowl. 1IU2IIA."I!I ArID "In ltIttM""'øfllt'fllll41f1111 JU. KIln' Øf.M, IJAP%.U, "" ]un MmMfr" nrtW "" GnMr« M.,nw _ _.. lit. ,_ "',_.... ..""".... 11111... ell tho ,..,," ,. "',. '".._ .... lite hot.... ,.,., _111_. ... ...1.... ., '''''.1.''1 .... "'" ___ .... ...f"" ., .."...u.... __ "'" __ .. ...lto ... .........) . WJtneøedt, 11tat,/ttr¡-.þ"'¡I,.œMtI"'f/frMllllllofJ 10.00 tI1I4«'ttr ~ ~ '"tlPf ."'mø/It Mrrt, IIdtMottItrll'I. IIt1fII1 ,,-,. ..".",. ,till, ",;¡,. IW"IlsIf, ,.,..... """"" tI1I4""""'" "",. rIw c"""ff/ "" tMt tmttl1t ,~ II_'M COLUIII. Ct1Ml1. Stat. f1/ n.oamr. 11:: I..o~ 17. ~ 'Nile AT I.N:IO~. '1Ia.. 'S(,'ln accordance wit" and .ubjec:t to the ,l.t r~corded in ,l.t ~=o~ lf, ~a~~. 53 &nd '.. tublic Recorda of ColIi.r COunty. 'lor1d",. I, 71JE /'1;1111:':'011' 1fCRU¥ "1.I~rwrr NIÐ 1~P...ør T1QT'fKI AOavl DUana) MtOPIRTY ¡a !lOT, ''''II R:', IT IrVIIIt "11'. rl::1t U IT conTICMXI. TO AllY 01 THnR IICMaTtAD PROPERTY. Tn¡c1l1cr, to,~ tlll'ttltrfIØIIl, AmJI/iIIIW'IIQ arttI pJIIm-.r rIImIø ....tbr, tIP"''''''''" ~~.~. ~. . ToHa...mltnllold. tIw~III/ff~~. ' ADd dw 0,.""", 1wtW1- 11M Ml4'f8IIIff ",. ",. ,/'ØItt1r " "'"'fwII1l1lt<ll ", ItII4 """" III Iff II""".; dwt "" r-.r"" fMl fI,ltt.", """", rltI/"" II{ all ";.,r,,,--: ",." "1tII1 btrJ I,,,,, at lilt "'QlwI,,-", rzcqr IUt1 cctrfrl". _...." III ,,-*,J1 (1". . In Witøœ Whereof. ,Iu leU 0-. hrIt rI",.," ,MItrI '11", ''''"'* III, Á1 11114 par /fnt ÛØYf """... :) . 1Glna3, .. " .N tS " - ~~ ~~. 1::;'~ ao:;w øomr. 1fULE', "'IM_ ~fb' ", n.oama. 3U.. . inTi o.~~ ~{t 11ItnW:ht1;'" th, .. IIIf. .,. ..,.,. N. ... .,,,.... '-I, ~I_ ,. """'It... ..... .... tilt. COØIIT'l or .\ .' , .....I~'. _II" .......... Q~ COCJIII:.(rmI. A !lßl'lYA....fJIIGII .. : -,... .. ,.. .. .. Ute ,.....,,,. ..,..... tft _ 1M tMCVI.. .,.. '......"1 ''''?ir.:'I. "'" ......,....... Þtfere ::'=I!r~ II... "mr:rtl~il-:.:.:r"",-;.r.:"':"~""::·'::Iir'",'t:"'-·' ,.,.,. !.1lJL.Vrlvwr'a '~'t:~'9..·.·~· ..t'..J. - ~ . ," ...~~.::...~.-..~...~...;:- Å . 1IQ,....,'....u ~;~ ~., ' vt_ ~.~.... "'f'.hl~ c--, ....h_ I, '. . I.., afIreIaf. "'1.1 a.. "tS ~ .t Oectriler .: '':::~:''1'.;:2tX~.;.; .....ft.15, . .~.~~ \it~~~:~:~·:~.:'··" I I'Jo:a.T "~0.'Jj:t'e!)«..~:: -;':~~',:! ,..,!o-~j:.,.:.!~;~.:.~.:; ~:~.. 1.Þ.~.. t~O·"" ~,:~t S~.8t ,=!3G ; ~., 6, l-.t, SO',ð 6Ii:S¿~~9~t8t:tJI 31J. U. mma ~. ",,,.. ._. ~_. .... .~ .".. . - ~....... .. ~~-_.____.____ _~r·_______..._ , 1 1 , I . I I I '17-001 12C- 7 OCCUP ANfS WI11IIN 250 Fr ON KENT DRIVE RUSSELL H &. JOYCE SMI1H 3610 KENT DRIVE NAPLES. FL 34112 moMAS R & JANELLE SMI11I 3612 KENT DRIVE NAPLES. FL 34112 GARY&. KAREN GARNER 3616 KENT DRIVE NAPLES. FL 34112 RICHARD & SHARON BELCHER 3618 KENT DRIVE NAPLES. FL 34112 FROM: CHARLES &. BEITY ROWE 36141ŒNT DRIVE NAPLES, FL 34112 TO: TRANSPORTATION DEPT A1TN: RUSS MULLER <:::) ~ ~ ~ ~ '-0 ""C:I C':It ~ C> C> 0"\ !lli Greg Gittord Jì""1E. Pl.~N ( (J"¡ Q'1-r;otq ) 12C- 7 PROPERTY ADDRESS I )61' Kent Dri.e Raple.. rL ))962 ¿OT /~ 3ð' FouA/D r,g" J'I71U 'pIN ill Ir'3 c.. - - /70,(J(1' t." .... ~ ). ~ l¡,¡ :i \e 4! ~ .. ... If... ~ ~ ~ ~ ( ~ t ~ ...:: ~ ~ II;; ~ . ;¡... 0 I., \I . ..... C) "" ~ v" 3d' .r·irk FOUAI D S"A»' :rrllA/ , 01 {tfl;- OlliE 5TOlrY R,;r ID E!AlCE' fÇ-..,' 28.71" , 1 - ~ I .-ðl-, ~II ,..-- .:, SC':'øeCl ( ~ ~". LO T /7 ~ ,....,-, ... ~.J.. -~,~ ,.., ,. . . .. .. ... :1"'1' "10.0 '--1: N 81· O.f'" 0'" E' - - ...--- rSiTS¡".D'l7p 170.00' 'IAI ""',,. UfJUI LO ï IS Ñ1<IAlD #i.UhIAlUN ~R"" JU¥ I'.C,,q 0 :::ø >0- I'...:Þ c....> .¡:a ~ ÞØ Q ~ c::::Þ c::::Þ ~ DESCRIPTIO/II CEIlTIl'ICATlI I hereb7 cerUt)' \01 Lot 17, Queen. Park at Lago Verde, fbu. S1.x u r.corded 111 Plat Boot 16, Pagla ~2 I S3 or the Public Rlcord. "r ColUlr Count1. norlda. Subject to laa.ments, reatrlctlon and re.erYatlon or rlcord. .) Charlee B. Rove and Beatrice Rove b) Cre..laud Mortpp Corp.. it. nc_.on t.Df4/ or ...ipe a) Dwm 'flUe d) A..ncaa PiOD..r nu. InlflU'UCI CoIIpuq .) Creg Gittord that a IIoun4ar7 Sarrq ot the propert.l llenœ.... -.d. OD JIÜ7 17. 1995. aad that aid .bon pooaJIII tunel and .ketch are accurat.. to the bed ot rq bowled.e aDd lleUet. I turther oert.1l7 Ulat w. IW'Y'" _t. the IUnbll. TechD1cal ltudard. ..t torth in SeOt.1OD 472.0'2:1 nar1c1a It&t&t... aDd Chapt..r 61 G 17-6 nor1da Ada1n1.f.rat.1n Code. Foundat.iOD SurTel 9-7-95. Final Sunel 12-18-95. ~ Be.r1nS Baaed on th. Vest Lot 11ne being S 00· 54' 59w E Ab.\ract not re.ieved Flood Zona AI 7 '.P. I L. . Florida Pever I Licht COIlpaJ11 fi . C.nt..r Line P.C.P. . Peraanent Control Point U.I. . Utility !ale.ent C.P. . Concrlte Ped AIC . Air-conditioner P.B. . Pool Equip..nt .I/~/j~ /~"- DAh¡; B. BRUS. ns Fla. Cert.. 10. 4520 JOt YALID UILI:SS IIGRD AID SD.LID vrm EMBOSSED SEAL. . ~ ,.. t.;~ "0 ~ I "- ~ ¡:., ~ ~ ..., ... -.: I( - .------- w o 0::: 00 ~ w-~ x > 55 ~ ~ ;:ü j Cf) 0 fj~ ~U):; W « 23 ë3 I, CJ) -1 I-- ü !. :i.1I -"" a:::. l ---.... < I-- I"" :r: r-- a.. ~ 1ft Q.. « ~ lL.J W ZN ~ ~ lL.J "" U)" U- -z .-r' > < ---.... -- a::: 0.... ~:I: ::>1-- U)~ CJ) <~ Z 0 W Lf) W => '0 I I . i '.IC Iii .¡~ . ~è:l !~I·i II . i I~ :1;; a::: 2.... o ....J lJ.. 4& . f! @i . r:1 J: ~ll- ~~ I· i -] . z UI C) < a..N to. .. :w: ON 0 G:I ... ...ILI <I.LI < ...J:J: a..cn C) - a. - J: U) z :J: o I-- /..r..':'.:t\;o;:..~ ,,/' 000 --- , I · f! . . I ~ GI ~ ti ".jâ¡- - -. ~.Jft. - CD CD CD \II CD ... CD I , I ; I 0 ::ø CD .1 ~ " (.A,) ~ '-C) '"Ø ~ c.~ c:::> c:::> '-C) . . .[. n_^<~___r,.. ....""__"""'_~,_...*."~,~....<^·'Æ_..__"'""..._,_.._'"'~···__ '..~..'.""'_'_ ---_._,.._~,,,,..,-,"',,.,.._"'_....""'-,...,-~".,." -~-_..- ---...-.~."~-,--,~---_.",. ".,-<,-'~._- . .' :1 (I' .... å ~ It II., ~ \e :::. ~ - iii,; ~ ~ ( ~ t " ~ - ~ ~ . ~ . ;r. ~ tJ 4 " . ... I:) ..., øewlt "'-1.' I'/( AI""/" E~Rrlll¡ 'Jð' .J"Q 7.J'J --- FOUIJ D .rID' zrn.l , /1.1 ('11;- ONE .s TO R'y 1IIéS'lD eAlc¡: .J. 1&:7' ~. , ~ ~ ,...,,,-, .. ~.a. -..,. -. ~ ,. . 9ð.O . --I: N 61' or' Ñ?fIAlÞ "/.VI'fIPII17 u,,·~ J'UII I'.C,R DESCRIPTION. Lot. 17, Quoena Perk at. Laco V.rd., Fha.a Six ao rocordod 1D Plat. Book 16, PaC.o 52 I 53 or th. Public Recorda or Collier County, Tlorida. Subject. to a....ont8, root.rict.ion .nd ro.arv.t.ion or r.cord. ~ eurin¡ Baud on th. W..t Lot. 11nlt bein, 8 00' 5" 591 I Abstract not. raylav.ð 11004 Zona AE 7 '.P. I L. . Florida Pov~r I LiCht. Co.p&n7 ~ . Center Line P.C.P. . Peraanent. Cont.rol Point. U.!. . Ut.1l1t7 Ea....nt. c.r. . Concro~a Pad AIC . Air-condit.ion.r P.!. . Pool Equip..nt. lmt!. Gnl CUrord PROPERTY ADDRESS I 1.1.7S" ,." I ~" pðð~; ~ SC':'O~ct ¡" : . " ,. ... ; '10" OR: 2349 PG: 3012 12C-7 3614 hnt. Drin I.pl.., rL )3962 LOT IÇø 170 ,(J(J' LO T 17 - - -- --- 0/' E" G'I"Dr1J1 170,o()' "N '"'' "'l..I1Jl.YI LO ï IS CERTlrICA'B1 I ber.~ c.rt.if,. tot >- a) Charl.. I, Rov. and Beat.ric. !tow b) Cro.elaDeS Mort.caca Corp., ite RCC'''OI'll cð./0f' a.aienl c) Dunn Title d) ,..riM!! PiOll..r Titl. IDllUl'anc. CO.puIl .) Crac CUrord that. a BouncSar7 Sun., or th. propert)' benCID In" MeS. on JuJ,r 17, ,1995. cð. that. Mid abo.,. ¡rouøcI lun.,. aDd eltatch are accurate to th. belt. or fl1 knovledp &rid beli.r. I turt.har ..rUt)' tbat Ws Rn., ...t. the M1DillU. T.clm1ca1 I~ set. torth 1JI Iect1011 472.0'2:1 noricla StatllteS and CMptar 61 Q 17-6 norlc1a A4.1D1strd1YI Cod.. Foundation Sun., 9-7-95. Final Sun.,. 12-18-95. //~/)~ /~"- DAfiii 8. IItOIS. PLS na. Cen. 10. '520 IIOT VALID VILISS 8IGßD AID 8EAL!D WITH 2MBOSSEO SEAL. . i \.; "Q ", .' Il, ~ ~: , ~I ~I SKfTCH OF DESCKIPTION 12C-7-' LOT 17 ') 1_ 80' DlfFH)/II&E F".j~"l!'Nr . ' ~ I II 8'1·0S'" Ol"~ 'JJð' ;.f'i ~ ~ .s O· rY" S<¡'" e- ~ 0 J,.-; .1c.<3' ~ ~~ 1"1 r P.O.tJ oS fj "·OS-'O,... U/ /70.<30' P.O, c: S,E. Co O,Nett LO r /7 l:Qß.i. CHARLIE ROWE J2.UÇRIPTIOH: Co_encinq at the South.a.t corn.r of Lot 17 Qu.ena Park at Lago V.r~., Ph.a. Six .. recorded in Plat Book 16, P.ge. 52 ~ 53 of the Public R.corda of Collier County, Florida: thence South 89· OS' 01" W..t 80.00 f.et 1009 the South lin. of .aid Lot 17 to the W..t line of a 80 foot wide platt.d draina9. .aaeaent¡ thane. North 00· 54' 59" w..t 5.3 f.et al009 ..id W..t .a.eaent line to the Point of Be9innin9: thence continue North 00· 54' 59" w..t 30.00 feet along ..id .....ënt Une; thence Morth 89· OS' 01" Eaat 6.00 f..t; th.nc. South 00· 54' 59" East 30.00 t.et: thence South 89· 05' 01" W.st 6.00 t..t to the Point of Be9innin9. H- H- H- o ::ø ~ ~ ..c:.. \"C) '""'Ø Q tmU..i. "'" c::> ....... "'" H- H- H- Boarln9 baaed on the center line of Kent Drive beln9 8 00· 54' 59" hat P.O.B. . Point of B8'iJ1nnlng P.O.C. " Point of eoa..nc...nt. ,l~~ð'~-e:.- 6(.;ld B. Brun. PLS Fl. Cert. No. 4520 NOT VJU.ID WITHOUT THE SIGNATURE AND 'I'D ORIGINAL RAISED SEAL OF A' FLORIDA LICE1fSED SURVEYOR AND HAPPIR. BRUMS ~ aRUMS, IHC. 1072 811t1:11 A"enue II. Mapl.., Florida 34102 Corp. Mo. La 3241 ... .~ ,~",...~"_,_·...,,_~_,w,__~,__,,_,, _~___,_~___,.,"',o__....,.....·__,."·,...><.....,,.._ "'~_"'"_~"f""~.'_"_'_"_-'··_"""_'__ . IIaOce .. ~...... IIIIIt .. BaInI d CowIty ~ .b¿h.._. dQllllr~,1II ~,IIIIIImtIWØI. 1187, 1111:00 AM, In" eanr-. '"' FbIr, A4.....06)1\ Bldg.. ec..r CGuntt ~ c:.nw.13OI &It TII!I1IIN T.... ...... F1DI1d8.... wIIidw. ~ to INCMAlllIOLI) "AID COL1.ICT1ON MD OIIPOU&. RATa 1 . J C Ik.CIject III Bon ~ .. ...... ... t:Ir.. ,..,..... be c.. 8 OCTOER 1. tll87 Loads of biomass (1and clearing. trimmings, grass) tires Of whltiegooda mixed wftt other was" .. not ~ D ........T..___ tIJBIII lœI2IIi rJ:IIIaI lJ:JI:ItIIt ~ lIBaIf 25.12 2032 CcIrI*~ 20,S 2t08 Ipec:IIWIiIIIII t21.~ f3t,lt.1ncìdIrC a.n F1t rcr _ 4. 12 ~,21 $pIICIIII WIiIIII . 25.12 X32· 17,<15 III!IO 0IanF1t ......r NDOIwge NDOIwge Ipec:IIWIiIIII. 10.2WIanI to,SMIIII 2512 2e 32 ,.,....... IJIona r....In_ eao- w..... w-.. TnI TiwlIn 8 pieCII p.,·Tn ~ 1.. or UrgIt Srz8 15"","-az. 7,11 t~,22 . H.......... __.... III S21,32*n t:Ir QIIIIr CauIIIr u..a 1.15 t1111 S4per'" " ... InduoMs ..... Ar.- OM WeseI.....--..1IIc.I , T___ tIJBIII Þ!EH!I ~ 7103 71.03 CoI>ouI 2V 27 2U3 ApprM« ID ID T_ '07,30 '07.98 Once/WI< ~ CIoøoM Awt*« T_ ,T___ ~ [)oopIAI ApprM« T_ NO QWIOa , .... Þit-. .... ,.... c bIN 0IIIÞ00IIaI c..) 0ItIIidI. T.... trœIIS tIIsIaI!I CaIIcOr:In IQ,:II 10.:11 CIIpoaII 21,27 2V,83 ~ iii iii T_ toIIlS t10.!S2 ~ T.... ~ 0iapaIII ~ T_ ,..112 -,.s. 425 Men,.. 112 _,. . ~ ,.. LCWJ8 ROUŒD TO FU.1 cu YO rift 15". ..... Tn. ,.. or IIrger «17.43 2127 iii '31.70 107,43 2183 iii 137.311 1I02!J 2183 iii 120 It 1IO,2!J 2121 ID "" 53 n..... be no ØWIge 1\ ,...__ ....... ,.. ~......... OIIIIII.-tII -..... III no ~ 115.37 2127 iii '....64 115 37 2V,83 iii '~3D RA rES FOR IÐMCI! AlŒA OM (WIIsIa "'~---"'1IIc. RATES FOR I8MCII ÞMA OM (WIIsIa ........-.IIIC.) lID ... - ... IIiILØJ fJJIM ~ III&m( Z. ðédlI IsiU&.I .IDIDS SëdPJiI2I .I!iII.aII IISII ðå!lI 2 I r/'.oo 12«2 7112 2 I 117,. 11140 ,.. 74 2 107.1S2 2524 IUIS 2 11:2.20 131.15 32t05 3 H',3i 37.M 17125 17.33 3 _'4 201.24 50'1.31 "IS 4 2Cl2.64 !Q'" ~I2 4 m.74 277.115 575 31 5 211.21 111 10 21431 5 2f7,24 347,10 ..... ,. 8 2,0,27 75.12 122.. 8 .. 4". m. 4 I I15.M 25,24 l11tO 4 , 207,82 13U5 341.117 2 I:II.H !Q. ... 201182 2 374,82 277115 115227 3 21117 7512 287. . ,.501 3 501,.... 4". 122 13 7410 4 274.72 100.87 mill 4 138.. B,. 1, KI5.03 5 333.10 '2!J.20 «18,30 5 T72.4' ..., '3 t,4I8.54 e 404 07 '51.45 ~52 8 &œ.1S .32118 t.73114 6 I 12420 37. IS ,12. 015 I 1 302.74 201.24 510. 2 1111519 75.72 21251 2 431.8Q 411.. 1153 at 3 305.015 ',3 511 418115 511115 3 704.11 824.74 1,:129 35 112 1. 4 373.1'5 151.45 52481 4 mat 132,81 1.115507 5 412.47 1118.31 S71. 71 5 1,10ue 1.041,22 2. 1....,20 . 5eO.87 'lI71e 7l1li.03 · 1.301.18 1,2..117 2.551. 13 8 1 1.eo a1 !Q, ... 111.3' I I 33005 277,115 e07,70 2 251.13 100.87 352.10 2 _,11 B,. l,l14.!S2 3 354,85 151,<15 501.30 ilia 3 7r/'.31 132,. U20.2I 1311. It 4 467.01 201,112 8l1li,83 4 1,011.110 1.110,113 2. 127.53 5 !IeII.1S 252.42 121.21 5 1.2....,113 1._32 2.833,15 II _,04 302,. £leU3 · t.1l75. 87 t,aIl5,J1 3. '41,... R...s1It F..: 5728 R..aart Fee: 5728 PROPOSED RATES FOR WASn¡ 1iW'.AClIIIIIIiHT IHC. PROPœEO RATES FOR IIIMCII NtVt. 1'WO (lrnmabIM ~ CompanJt .. l-.G ~ .IZIIR2øI I!5iI( ....... YEQU~MTIE HAUl.. CHAAGI (cu.,..,' ~ W/.xJ tIJIIIIS lI2Ima 0J:uaS r.t:IR2:1d 2 , 51.53 12,27 1138Q 20 83.112 85.118 131n·1",2 115.5-137,41 2 '00. T7 24,54 125.3' 30 111511 Ø7.34 13.P'2-I",2 115,5-137.41 3 125,Ø7 311,81 182.71 1764 .eo 1015,30 108.79 13.112·134,2 115.5-137.41 4 154,58 ..01 203.111 (V......; CP1 applies) 11115.11 2OO.eo 5 177. 48 8135 23113 ~ 58,1115 57,28 · 11M. IS 73.12 2ea 21 ~ R.... do naI oncIude dIeøOuI chaI;a __ ..t1ic:Ie Of md>II heme pwIca or sutIdMIIona hit CCI'ItI'KIID _ 4 , 10,17 24.54 '04,7' ccIecIIon ..w:. nloecI d IMk COIUIner..w:. .,.. prf !/Ie ~ 2 1....r/' .,01 187,SIS corUIner rIIIa muIIipIIOId by .. no.mber d rwàd or ~ 3 211,113 73,1S2 215. 45 3518 ~ YIINcIos '" ~ homes >o4tIwI1UCII pwIca or ~.... 4 2l1li,07 .,7 38724 5 320.8Q 122.70 443. 30 8 ...eo 147.25 513.115 . I 143. '4 311,11 1711S1S 2 211.13 73,82 2115,45 3 274.10 11D.44 315.24 53. 4 332.05 111725 4711 30 5 3113.58 1501,015 !5G7 501 EIOAAO OF COUNTY COMMISSIONERS, COlLIER COUNTY. F\.ORIOA . 429.311 220. Ie 650.22 IRMAN TIMOTHY L IoWf:X)C(, ~ C7MOHT E IIRQCI(, a..ERK R...a.t F..: 57.a I,OQft 4 0Qft 12C 8 September 5, 1997 Mr. David Russell Solid Waste Director Public Works Division 3301 E. Tamiami Trail Health/Community Services Building Naples, FL 34112 Re: Notice of Public Hearing to Consider Revisions to Solid Waste Collection and Disposal Fees Dear Petitioner: Please be advised that the above referenced petitions will be considered by the Board of County Commissioners on Tuesday, September 23, 1997 as indicated on the enclosed notices. The legal notices pertaining to these petitions will be published in the Naples Daily News on Friday, September 12, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure · OF P.aas "~c (iDc:1nd i D.iJ tbis cavar) . . ." , ",:t"' . ¡ .' '. -". . 111111111111111111111111111111111111111111111111111111111111111 ma .-:.. -M_......... .. ........ ~,.J)·IU ....oM Mm' _ DX m.l· 2a3 ,., ,~..IiI!Þt-õliBa '" :~'~-,,-1?A£-:Z;;:' ~7 -- ~- . () IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~ 111111 lIitñftïmiÜllllllII .-. .".. '-- .... _....~ -r J'ROar ILt..B JIC\'I'IIØ - K1Iiaud , JŒCOIDS I.OCA!f%02Ia <:øUier C-:)U11ty CpÚrt:bousa '.. ~ , DX Bias (813) 774-1401 P!ro1Œ'1fCU (813) 774-8406 . .... ..., 313 æ-æ 09:14 00"00'59 314 æ-æ 15:46 00-01'53 315 æ-æ 16:09 æ-Ø3'23 316 . e9-10 18:27 œ-81'43 .,. 262 8221 ()( 1 ~ ()( 3 941997Ø393 CJ< 5 92634864 (J( 2 ~~ __,51 ~11 ~11 . ". Dab D8Dt:a U¥97" '.L'iIuI .at:: /":/..r/t/J¡, .. - .....-~--~~-"-_._._.--- 500.10 '97 9:08 KCI-II CA FI'I>C 720 PUBLIC NOTICE I PUBLIC NOTICE PUBLIC NOTICE Notice Is hereby given that the Board of County Commissioners of Collier County, on Tuesday. September 23, 1997 J. a 9 a.m., in the Boardroo,n, 3rd Floor, Administration Bid.., Collier County Government Center, 3.::10 Ellst Tamlami Trail, Naples. Florida, will consider a Resolution to INCREASE SO ID WASTE COLLECTION AND DISPOSAL RATES Subject to Board approval, the effective date for the new rates will be LAN'" of -... (tend .,..""&;.,,.,.,,..,.,, I . .....1 ,,," '" ""'~~odb': retft~ :..~ ::. ~ClpIo'. UJD"'~~ IIArtS ~.._:,.....t... 1101.. ort_ ~ ~~ ,.s(,.ð ~ (¡_..I W..'" ~! ~ eo.'IrJDo""""oOn ~""'2T'1I6 ,,*òeI Wnlo , nz. ICIeftC) I~ S-,,'W..'a I CIeen"",6·",,,,,,.. 4,12 421 SpKoelw..ltll , :It.»" Tifft. 81,45 I 89,50 ~'..;r"'I"'"6· ,.oen.·.. NoC"_ S......IW..telll 10.2""_ 10,1~ T.... in 8 øi.... 25.72 26.32 ~_ _.. ".... TH' II...., l' ... .... HI till 6.95 7 I I 16" '" Lo..., s... II..'~"' \no ........ __ .) ., .4 22 . AI ""'<0 _ -....,c........ 16·..s.n¡....$o.. '1_'''0 no_... ""2&,3211on""c.-~UIO/IIft I I IIfSo(NT1A~ 'US 'irColIOC- aI",_.I .. ""0... rw'''O 111._, ,) _1",..T_II_'HO\tMIIiCo.I _k ,,_ ~ CuIIdo, T__ ,......nl ..._ £ Co<IoC'IOft 7T.ð!', ~_ V5J "1l5'!r ~I 29,27 9J ~ 2927 29,93 AøP'....... nil' Aøø"""" nil ttI. T~ 107,30 I 7.96 T"'M 109.86 11052 "'~1ord, One........, 8«1IyerØ. T...-, CoIIO",''''' 90,26 26 ConK~on 107 C] 107 '3 D..__, 2927 2 ,93 o.oøoul ?927 2993 Aøpt.IMf fV.. Aþpt...... ,,1, "'. T.... 119,5] 0,19 Total 13670 137,36 8oo.,..reI, Tw........, COIlec:hon 115,37 ApØ'.s.er I'V. ~,]7 . O"r.=' 2927 lea 61 29'13 1'5.30 T.....H.,~II STATION na NO CHANÇI Lon"'" 1/2 cu yoI. 4" "~At~ ~~'to"TO 'utJ. CU, YD. e -... yoI. T_15·..._.. I.~ Tireo 16·...'.... 4,con... Thtte .in bI no thane_ ,n ,...."...,."',........)'Mr. "'......_ ........... ",II coni,..... 10 Do oceeøood ... 110 ,''',,". IIV\.II COHTA'NIII CO!\tM"II!CIA~ IIAn ~E"·MOHTW eU~1I COM~ACTOII COMMEltCIAl.....TU ~I"'.MQ,"" 0 ---"....) ~ItOI'OSU) RAILS fOR "RYICE AUA OH( (W_ ""--' ".1 1m [..... ".. I*e leur,) ~ CoIIoc:t.... Toreo 1'1c..u" le"r·1 ~ ~ ~ Toc.. ....-u. O"rn) ~ "'T1"nr . IID'4 2 107,62 25',2. 132,86 2 182,20 138.85 3Z 1.0$ 3 141.39 31,86 119.2$ 11,33 3 299.14 104,24 f,1.J8 48.16 .. 4 202.64 50.'8 253.12 . 297.74 271,61 15.39 5 211,21 63,10 274.31 5 297,1' 307,10 6«.34 6 207,21 75,72 322 99 6 3~& .16,49 "pi I e~86 25.21 111.10 4 I 207 :a. 138,85 J4 ,47 2 159,11 !>O,48 209,62 2 374,62 277.65 652,27 3 211.77 75,72 28* 34,61 3 ~44 416,49 922.93 71.80 I 274,72 00.97 37 .", 4 639,69 "~ 3' 1,195.0.1 ~ 3H.10 26,20 459. 5 772,41 694.13 1.466,$4 6 101,07 51~ It 5~5,52 6 906,16 132.98 I ~~~~~ 6 124.20 7 . 162,06 6 302,14 2011,2. 2 196.69 ~,2 212,61 2 436,60 416,49 153 09 3 31)5,06 13.$9 4111,65 51.95 3 101,61 62'~I,329,n 112,11 4 373.16 ~1.45 524.61 I 12 2.09 132 1.651.01 5 4112,47 8931 611.78 5 1.102,96 1,011. 2 2.1442~ 6 ~.1I7 27,16 1&803 6 13~O~ II I 110 B3 .411 191.31 8 I ~~7 2~~h 2 251.83 00,97 352.80 2 5'91' 4SJIt1.114,S2 3 3" .a, 51.45 !>06.30 69:1t 3 787.31 ,. 1.62HJ 138.11 I 467.01 1.92 66893 4 1,016,90 1.110,63 1'12, 6 568.86 '2.12 '21,2' 5 WUJ 1.3&8,3, .633,15 6 6119,01 02.19 1191.93 . .665,9 .1.164 "o,SIMt ," 51,26 A..$I." fN 57,26 PROPO$EO MONTHLY EQUrl'''''DfT !lATt ,....,..,~ .....- ~ 'IJ:W' ~ 30 95,11 97.3' I() 106.30 108.79 ~= (Vo;r.~f"! -~!26 lIolI.QII R... do not ._ 4IIIpooooI .IUI _oti_' wNcle ... mobile homo ~ _1ocI1on -.lea ".._ 011 __ '*" contli_ ".. """1¡¡¡I1ed by lito _,- _ "'".04>410 _ wi NlIn1Itwtsd perlin .rs _1<1 10 _. ....- lhoò, obIoetlono. f ..,. In ...ftinS 10 _ ""'" dec\cIo$ 10 ~. __ 01 qedl.... pel\llnlrc ""'-. _ _..... olIN __reo is _. _.......1 ,_tho._ II to be baed, ICWID or COUNTY COMMISSIONERS. CHAlIIMA'" TIMOTHY L HANCOCK. AK;~ .U~II COtITAlH[It CO"MEllCtII~ !!ATtS I'tll.IIIOHTH ~"O~OI£O IIAT[I 'Oil IEJlYlCt MEA TWO (1_ '*'*'" ~ SIn £drl lcut' ~ ~ ~ ;;¡ 1'IcII~ 2 100,71 21.51 125.31 3 125.7 36,11 162,7. 17.14 ~ m'~ "t~ fi3:U 6 19~,66 t3.62 ~2' I'" 1 80, 7 24.64 "11!r.1I 2 1...., 4.,04 197.9~ 3 211043 73,62 21S,45 U,66 ~ 269 07 98,11 361.24 5 320,60 122,70 443,30 6 J6ð.O 147.21 5U 65 I 1'3,14 36,11 119.95 2 211.83 13.62 285,45 3 _ ~ 110,44 385,2. 4 J.T~5 147,25 419 30 Z m:rs m:~ rJ:I~ R.·S.." f... 61,26 tst..1o _~ _ ... be _d, .nd to .....d ""'" 10 lito puþt,c _"".' A"y ....", WIll _ . ........ rJ !he p.... "'*' 10 ........ 1"-1 . Ylrt>IIÌI'II .....", II>tIUlI-.y _ __ u)OO\ 6 UEII COUNTY. R.OllrOA DWIGHT E, 'ROCK, CLIIIK ..J.. 53.49 -", ,..., -1 -:t ~- j r .~ ~ ~ ~ ~ ~ ~ ~ ~ } ~ 'a ~ I g " -""',..._-"--""."'^.">.-,.._......__.,,.,._.,.,.."._,"."'''~,..-'"..~_. .....-----....-.-.----- 12C 8 RESOLUTION No. 97 - _ RESOLUTION SUPERSEDING RESOLUTION 98-«<3 AND ESTABLISHING THE FEES TO BE CHARGED FOR USE OF COLLIER COUN1Y SOLID WASTE FACILmES PURSUANT TO COLLIER COUN1Y ORDINANCE NO. 84-31. WHEREAS, The Board of County Commiøionen through County Ordinance No. 14-31 bas implemented the user fee system for IOlid waste to all public and private UIerI. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that SEmON I: Resolution No. 96-443 is hereby superseded in iu entirety. SEmON 2: The following fee scbedule is approved for all UIerI oftbe Col1ier County Solid Waste facilities: Landfill Fees: All fees are based on certified scale weight, per cubic yard fee, or per tire fee. No rounding. Mixed loads of biomass (land clearing, plant trimmings and grass cunings) and ocher waste shall not be accepted. General Wastes: $26,32lton Special Wastes: $21.06/ton for ConstmctionlDemolition Debris. $26.32/ton for tires cut into 8 equal pieces. $89.50/ton for whole tires. Car or truclt tires: $4.00ltire 16" or larger size (no change from FY97). Car or uuck tires: SI.OOltire I S"or smaller size (no change from FY97). Large tractor or heavy equipment tires on per ton basis only. $14,22/ton for Biomass. $7,ll/ton for pJ"OCeSSCd Biomass 2" minus in sizc, No charge for clean fill material suitable as daily cover less than 6 inches in sizc. $4.21/ton for clean material suitable for use as bacldíll greater than 6 inches in size, Definitions of Soecial Wastes: Special Waste I: DifficulHo-handle material requiring pre-acœptan<:c site preparation (example: asbestos, ash, powders). SI3I ,61/incident, plus 2 times applicable base rate, Special Waste II: Wa.<;te requiring special acccpIance procedures, but no special site pn:paration. 1Wo times applicable base rate, except sludge @ $26.32/ton for Collier County Utilities. Special Waste III: Wastes that are prohibited by law or regulation for tbe landfill, but are deposited at Landfill working area and must be removed by contractor (example: whole tires, white goods, Jcad...ecid batteries) $10.53 per item. ,..,.,.-"""-",.,"~",,..-.._... 12C 8' Imnsfer Station Fees (No change from FY97 Rates): $4,2Slusclautomobiles and station wagons both full-size and compacts (Jess than ~ cubic yard) $8.S0/cubic yardlUuc1cs, tnilers, vans (volume rounded to nearest yard) (more than ~ cubic yard) Car or truck tir:s: $4,OO/tire 16" or larger rim size. Car or truclt tire,<¡: S I.OO/tire 1 S" or smaller rim size, Large tractor or heavy equipment tires acccpced only at landfill. RESIDENTIAL COLLEcnON AND DISPOSAL FEES (J ncludes Collection of Recvclables) Service Area Number On~ Curbside Backdoor Backdoor Twiœ.lweek 0nceIweek Twia:lweek Collection Fee $ 78.03 $ 90.26 $ 115.37 +Disoosal Fee 29.93 29,93 29.93 =Annual Fee $ 107.96 $ 120.19 $ 145.30 Curblide Twicclwcdt $ 80.59 .12.21 $ 110,52 Backyard Twicclwcck $ 107..4) .12.21 $ 137.36 Senice Area Namber 'lWoi Collection Fee ~ - Annual Fee Rccvcling Bi~ Each residential unit is provided an initial bin at no charge by the County. Replacement ofbins due to nonnal wear will be provided by the Franc:JdJee at no cbarp to the resiðeøtial unil Unserviceable bins must be presented in exchanp for rcp1aœment bins. Replacement ofbin, due Co loss or neglipncc of the residential unit., to be paid for by the customer at a cost ofSS.OO per bin. COMMERCIAL COLLEcnON AND DISPOSAL RES s.e~~.!!mbcr One: - Mmdatory multi-family recycling collection fee is $.92 per-unit per-month. Service Area Number Two: - Mandatory multi-family recycling collection fee is $.95 per-unit per-month. Commc:rçial Dispos&l Fee: See Attached Schedules (4 pages) - Attachment No.1 .s..~~ The dTccth'C d.1tc of this Resolution shall be October I. 1997. This Resolution adopted this _ th day or , 1997 after motion. second and majority vote. ATTEST: DWIGfIT E, BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dy: By: TIM01HY L. HANCOCK. AlCP, CHAIRMAN Approved as to form and legal sufficiency: ,-~----_. 12C 8 Attaduaeat No. I raze ioU EFFECTIVE DATE RATE SCRJ:DULE FOR SERVICE AREA NO. I 10/1/97 WASTE MANAGEMENT or COUJER COUNTY.INe. BULK CONTAINER COMMERCIAL RATES (O.2Slyd dIJcogat I. CoI1ect1oa aDd I.nn PIckup) RATE PER MONTH EXTRA CONTAINER SIZE FREQ. COlLEcnON DISPOSAL TOTAL SERVICE PER WEEK 2 CU. YD. I $ 67.00 12.62 79.62 2 107.62 25.24 132.16 $17.33 3 141.39 31.16 179 .25 PER. PICKUP 4 .202.64 50,48 253.12 5 211.21 63.10 274.31 6 241.21 75.12 322.99 4 CU.YD. I $ aU6 25.24 111.1 0 2 159.14 50.48 209.62 $34.64 3 211.77 75.72 217.49 PER. PICKUP 4 274.72 100.97 375.69 5 333.10 126.20 459.30 6 404.07 151.45 55B2 6 CU.YD. 1 S 124.20 37.16 162.1)6 2 196.19 75.72 272.61 SR95 3 305.06 113-'9 411.65 PER. PICKUP 4 373.16 ISU5 524.61 5 482.47 119.31 671.71 6 560.87 227.16 788.03 II CU,YD. 1 $ 140.13 50.41 191.31 2 251.13 100.97 351.10 $69.26 3 3S4.M 15J.45 506.30 PER. PICKUP <4 467.01 201.92 661.93 5 .s6I.86 252.42 821.21 6 619.04 302.19 991.93 Restart Fee: $57,26 ~,,,-,'. "'"""'-"-'~'~_.~"- 12C 8 Attadlmeat No. I ...1oU EFnCTIVt DATI RAT! SCJRDULI lOR SERVICE AREA NO.1 10/1 t9'7 WAST! MAJl(A~MIPfT or COLUD COUNTY. me. BULK COMPACTOR COMMDCIAL IlATIS (U5lJd 6eGaat Ie ConedIoa ... Estra PIc:bp) RATB PER. MOllml EXTRA CONI' AINER. SIZE FREQ. COI.l..ECI1ON DISPOSAL TOTAL SERVICE PER WEEK 2 CU.YD I S 117,3" 69.40 116.7" 2 112.20 138.85 321.05 148.16 3 299.1" 208.2" 50'7.38 PER PICKUP 4 297.74 277.65 575.39 5 297.24 347.10 644.3" 6 356.49 416.49 772.91 4 CU. YD. I $ 207 .62 I3U5 346."7 2 374.62 277.65 652.27 $74.110 3 506.44 416.49 922.93 PER PICKUP 4 639.69 555.34 1195.03 5 772.41 694.13 1466,54 6 906.16 1t.J2.9S 1739.... 6CU.YD, I $ 302.74 208.24 510.98 2 "36.60 "16.49 153.09 $112.18 3 704.61 624.74 1329.35 PER PICKUP 4 122.09 832.91 165.5.07 5 1102.91 1041.22 2144.20 6 1308.66 1249.47 23.58.13 8 CU.YD. I $ 330.0.5 277.65 607.70 2 559.11 555.34 111....52 $138.11 3 717.3 J 832.98 1620.29 PER PICKUP 4 1016.90 1110.63 2127.53 5 1244.13 1388.32 2633.15 6 1475.67 1665.97 3141.64 Restart Fcc: $57.26 ~... -"'-,.""',.~,.~,,...._,._... AU.tlnaeat No. 1 '.3.14 EFFECTIVE DATE 10/1/97 RATE SCHEDULE FOR SERVICE AREA NO.1 WASTE MANAGEMENT 0' COLLIE1t COUNTY.INe. ROLlA)rr SERVICE - DCULAR COMMDtCIAL CUSTOMDJ EOUIPMENT SIZB MON'THL Y mutPMBNT CHARGE HAUL CRARGE 20 aJBIC YARD S UI9ICON1'AINER. SI.S.19 -137.411LOAD- 30 CUBIC YARDS S 91.34/CONT AINER SlU9 - IJ7.41ILOAD. 40 CUBIC YARDS SI0l.79/CONT AINER $15.89 - 137.411LOAI>- COMPACT'OR V A.RJES wrm EQU1PMENT S200.4OILOAD · Varies depending on distance from dispoaJsito. Roll-off rates do not include disposal cbarJea. Rcinstalcment char¡c for suspended ICrVÍce due to non-paymcnt - SS7.26 per suspension, R.ccrcaûonal vehicle parD. mobiJe home parka and mobile home IUbdiviaioaa that contract to n:a:ive curosidc scrvice shall pay the commercial Dndard container rate multiplied by the number œ rented or individually-owncd recreational veIúcIca or mobile homes within such pøJt(1) or IIUbdivision&. 12C 8 "'~'--'''''.'.''''''''_.'''''- Attaell.-nt No. I P.. 4 014 EFnCTtV'l DATI. RATE SCJŒDULE FOR SERVICE ARIA NO.2 1011"7 IMMOXALEE DISPOSAL SERVICE COMPA.1ÞiY BULK CONTAINER COMMERCIAL RATJ:S RATE PER MON'J1{ EXTRA CONTAINER SIZE FREQ. COLLEC11ON DISPOSAL TOTAL SERVICE PER WEEK 2 CU. YD. I S .51.53 12.27 63.10 2 100.77 24.5.4 125.31 SI7.l4 3 125.97 36.81 162.71 PER PICKUP 4 15.4.58 49.08 203.66 5 177.48 61.35 238.83 6 194.66 73.62 268.28 4 CU. YD. I S 80.17 24.54 104.71 2 148.87 49.08 197.95 535.66 3 211.83 73.62 285.45 PER PICKUP 4 269.07 98.17 367.24 5 320.60 122.70 «3.30 6 366.40 147.25 513.65 6 ClJ,YD, 1 S 143.14 36.81 179.95 2 211.83 73.62 235.45 S53.49 3 274.110 110.44 385.24 PER PICKUP 4 332.05 147.25 479.30 5 383.58 184.06 567.64 6 429.36 220.86 650.22 Restart Fee: S57.26 12C 8 .,.,..--....-.",..'"._- RESOLUTION No. 97 - ..:J1L RESOLUTION SUPERSEDING RESOlUTION 11&-443 AND ESTABLISHING THE FEES TO BE CHARGED FOR USE OF COLLIER COUNTY SOLID WASTE FACILmES PURSUANT TO COLLIER COUNn' ORDINANCE NO. 84-31. WHEREAS. The Bœrd of County CœuniIlioner1 through County Ordinance No 84-31 bas implemenled the user fee system for IOlid waste to ell public: and priVItc users, NOW. TIŒREFORE. BE IT RESOLVED BY 11Œ BOARD OF COUNTY COMMISSIONERS Of COlLIER COUNTY, FLORIDA. that SEcrlON I: Resolulion No. 96-443 ís berdJy superseded in its entirety, SEcrlON 2: The followins fee scbedule is approved for ell users or the Collier Cœnty Solid Waste facihties: Landfi II fees All fees are baed on certified acaIe wci&ht. per cubic yard fee. or per tire fee. No rounding. Mi:,<ed loeds or biomass (!and cleann&. plant lrimminp and grass cuttings) and other wastc shall nOl be accepted Gcncrnl WasIes: $26,32/ton Special Wasles: $2I,06/ton for Consuuct.ionlDcmolition Debris, $26,32/1on for tires cut into S equal pieca. $89,SOtton for wbole tires. CM or Irudt IÎrca: S4.001tire 16" or larger IÍZC (no cbanJC from FY97). Car or Irudt tirca: SI.OOltire IS"or JDJaIler IÍZC (no cbanJC from FY97), Large tractor or heavy equipment tires on per ton basis only. $14.22/lon for Biomass. S7,lllton for prcceøed Biomass 2" minus in IÍZC. No charge for clean fill material suitable as daily CXI\'Cr less than 6 inches in size. $4, 21/lon for clean material suitable for use as baddill areaie!' than 6 inches In size, ~ß$ of SDCCial Wastes: Special Wa.~e I: DifficuJt-to-handle material requiring pre-acœpta.ncc site preparation (example: asbestos. ash. powders), $131.61Iincident. plus 2IÎmes applicable base rate. Special Waste II: Waste requiring special acceptaDCe proœdures, but no special site preparation. Two limes applicable base rate. except sludge @ S26.32/ton for Collier County Utilities, Special Wasle Ill: Wastes !hat are prohibited by law or regulation for tbe landfill, but are deposited at Landfill working area and must be removed by contractor (example: whole tires, wbite goods. lead-ecid balteries) $ 10.53 per ilem. 12C 8 ,«.'".....^~.,."_..w".,,......__·,·,,___ 12C 8 Transfer Station Fees (No ChanK from FY97 R"t""": S4.2SluseJautomobiles and station wagons both full-si7.e and compacts Oesa than ~ cubic yard) S8.S0/cubic yard/trucks. trailers, vans (volume rounded to nearest yard) (more than 'h cubic yard) Car or trUCk úm: $4,OOlûrc 16" or larger rim size. Car or truck úres: $I,OO/tirc I'" or sma.Uc:r rim size. Large tractor or heavy equipment tirce accepted only at1andfitl. RESIDENTIAL COLLECTION AND DISPOSAL FEES {Jncludcs Collection of Rccvclablcs} Service Area Nllmber Oue: Curbside ~ $ 78.03 .1W $ 107.96 Backdoor 0nœJweek S 90.26 ~ $ 120.19 Bac:kdoor 'tWi~ $ 115,37 29,93 S 14S.30 Collection Fee +Di$pO&11 Fee: =Annual Fee ~nice Area Number Two: Curbside 'tWicelweck $ 8O.S9 .12.fi $ 110.52 BacItyanI TwiœJweeIt 5 107.43 l2.2l S 137.36 Collection Fee +Disoosal Fee =Annual Fee Rcçvclinlt Bin Fees: Each residential unil is provided an initial biD at DO charge by the County. Replacement of bins due to normal wear will be provided by the Franchisee at no charge to the residential unit Unserviceable bins must be presented in exchange for replacement bins. Reptaocmcnt ofbin. due to loss or negligence of the residenúal unit. to be paid for by the custolDCf at a COOl of 5S ,00 per bin. COMMERCIAL COLLEcrION AND DISPOSAL RES Service Area Number One: - Mandatory multi-family recycling collection fee is $.92 per-unit per-month. Serviçe Area Number TWQ: - Mandatory multi-family recycling collection fee is $.95 pcr-unit per-month, Commercial Disposal Fee: See Attached Schedules (4 pages) - Attachment No. I SECTION 3~ The effective dale of this Resolution shall be October 1,1997, . Thi~ ~Iution adopted this'? 5 J day ~ ~k ~ , 1997 after motion. second ~ótï1#' "le. ¡ '.:. .' , 'fO '" .... ." ," . ,: . ~ ..'. ,(?, .:' " '·.·AT.œ~1/;¡ .." ~ ", ' ", . . ;' .n~i~p,.b~ CLERK ::' : '~~~Æ'~f~" '~f ~.~ 7' ": . h·..2 '"If ,:(; C;J -~ Å ... '. -ã; , ,,- <.... ' // / .u ~ .. / '., ',' , .. . , , " ", .... " .~ ~~Il'" s'1~"~ \.. Äppióved as to fonn and legal sufficiency: BOARD OF COUNI'Y COMMISSIONERS ~n=, ' ~~ By' . TIM L. AlCP, œAIRMAN ~~ David C, Weigel, eo¡¡ ty A .~.."',.."'---- AaåIDellt No. I Pq,e t 014 " EmC'l1VE DAn: RATZ SCIIDUL& FOR SERVICE AR&A NO. I 10/1/97 ,vAS'ft MA!lfAGEMtNT OF CO', HR COUNTY. me. B1JLK CONTAIlUR COMMZKCIAL RATIS (O.2SIJd .« w-' Is CoIIecdoa ... Eåra Pkbp) RATE PER. MONTH EXTRA CONTAINER SIZE FREQ. COLLEC11ON DISPOSAL TOTAL SERVICE PER WEEK 2 CU.YD, 1 S 67.00 12.62 79.62 2 107.62 25.24 132.86 $17.33 3 141.39 37.86 179.25 PER PICKUP 4 202.64 50.48 253.12 S 211.21 63.10 274.31 6 247.27 75.72 322.99 ~, 4 CU.YD, 1 S 15.86 25.24 111.1 0 I:, 2 159.14 50.48 209.62 $34.64 , 3 211.77 75.72 217.49 PER PICKUP 4 274.72 100.97 375.69 S 333.10 126.20 459.30 6 404.07 151.45 555.52 6 CU.YD, 1 S 124.20 37.86 162.06 2 196.89 75.72 272.61 $51.95 3 305.06 113.59 418.65 PER PICKUP 4 373.16 151.45 524.61 S 482.47 119.31 671.71 6 560.87 227.16 m.O] 8 CU,YD. 1 S 140.83 50.41 191.31 2 251.13 100.97 352.10 169.26 3 354.85 151.45 506.30 PER PICKUP 4 467.01 201.92 661.93 S 561.86 252.42 821.28 6 689.04 302.89 991.93 Restart Fcc: $57.26 " , " ., 12C 8 12C 8' AuacÞ-t No. J 'ace 2 øU \' RATE SCJßDUU fOR SERVICE ADA NO. J ". IFnCTlV¥ DA 1"1 10/1/97 , y;ASn MAMAGEæNT or COII.ß.1t COUNTY. me. ~ f, BULK COMPACI'OR COMMKaCJAL RATES ('.2S1y4 .... .. CoDectIcMI'" Estra PkIuIp) RATE IÐ. MON'IH EXTRA CONTAINER SIZE FREQ. COLlECTION DISPOSAL TOTAL SERVICE PER WEEK 2 CU. YO I S 117.J.4 69.40 186.74 " 2 112.20 138.85 321.05 $41.86 3 299.14 208.24 S07 .31 PER PICKUP 4 297.74 277 .65 S75.39 S 297 .2-4 347.10 644.34 6 3S6,49 416.49 m.98 4 CU.YD, 1 S 207.62 138.85 346.47 2 374.62 277 .65 652.27 $74.80 3 506.44 416.49 922.93 PER PICKUP 4 639.69 555.34 1195.03 5 m.41 694.13 1466.54 6 906.86 832.98 1739.34 6 CU. YD. 1 $ 302.74 208.2-4 510.93 2 436.60 416.49 153.09 S112.18 3 704.61 624.74 1329.3' PER PICKUP 4 122.09 132.98 16'5.07 5 1102.98 1041.22 1144.20 6 1308.66 12-49.47 2551.13 8 CU.YD, 1 S 330.05 177.65 607.70 2 559.18 555.34 1114.52 $138.11 3 787.31 832.98 1620.29 PER PICKUP 4 1016.90 1110.63 2127.53 5 1244.83 1383.32 2633.15 6 1475.67 1665.97 3141.64 Restart Fee: $57.26 12C 8 AUåeellt No. I ... 3 oU r ~- .. , ~ . . RATE SClŒD1JL& FOR SERVICE ADA NO.1 EFncnv~DAn 1011/97 WASTE MANAGRMnIT 0' COI~.HR COUNTY. INC. ~ ,.~ . ,. F( ROLL-OFI' SERVICE - UGULAR COMMJ,BCIAL CUSTOMERS F.lXJIPME1'([' SJZe b«>NmL Y p.nr.JIPMENT CHARGE UAULCHARGE 20 CUBIC YARD S ".89ICONTAINER $85.89 - 137.41/LOAD· 30 CUBIC YARDS S 97.WCONT AINER $85.19 - t37.4t/LOAD· 40 CUBIC YARDS SIOS.79/CONT AINER $85.19 -137.41/LOAD· COMPACfOR V ARIES WITH EQUIPMENT $200.4OILOAD . Varies depending on ~ from dilpØlAllÍtC. Roll~ rateS do not include díIpoal cbarpI. Reinstatemcut charge for ~ IC'I'Viœ due to aoo-paymcut - $57.26 per upeosion. R.ccrcational vehicle perU. mobile bomc perU and mobile home IUbdivisiooI that contraCt to n::c::cM:: curbside servicc shall pay the coøuneráa1l1aDdanS CI011tIincr raIC mu1tipUed by the number of rented or individually-ownc:d recreational \'dúdca or mobile boJDI".a within IUCb pedI;(.) or 1UbdivisionI. Attxlullellt So. I Pap .. ot .. r.mCTIVE DATI: RAn SClØDUU FOR SERVICE ARIA NO.2 10/1/97 IMMOKALEE DtSPOSAL SI:RVlCK COMPA.'O' ~. ,. BUI..K CONTAINER COMMERCIAL RATES r. ~ RATE PER MON11i EXTRA CONTAINER SIZE FREQ. COLLECTION DISPOSAL TOTAL SERVICE PER WEEK 2 CU.YD. 1 S 51.53 12.27 63.80 2 100.77 24.54 125.31 S17.14 3 125.97 36.11 162.71 PER PICKUP 4 1 s.4.5S 49.03 203.66 5 177.48 61.35 231.13 6 194.66 73.62 261.21 .. CU,YD, 1 S 10.17 24.54 104.71 2 141.17 49.03 197.95 S35.66 3 211.13 73.62 2S5.4S PER PICKUP 4 269.07 91.17 367.24 5 320.60 122.70 4-43.30 6 366.40 147.25 513.65 6 CU,YD. I S 143.14 36.11 179.95 2 211.13 13.62 215.45 S53.49 3 274.10 110..... 315.24 PER PICKUP 4 332.05 147.25 419.30 5 333.51 114.06 567.64 6 429.36 220.86 650.22 Restart Fee: $57.26 12C Q '.J COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVJXl'1SI'NG 01' PUBUC BEARINGS Ci) 13A To: am to the Board: J'1ca.te p..ce the foDcrwfq .. a: xxx Normallepl Adverti.scment (Dúp1ay Adv., location, etc.) o Otber: ....................*....*..*............................................................................. Originating DepV Div: Comm.Dcv.Serv.IP1aDniDø p..- í4a ~ Date: 1 {31 {1 J Petition No. (If DODC, give brief deIc:riptioD): V -97..f1 PetiûoDcr: (Name &. Addras): 9¡e1l Carliak. Sgo ~nrino1W Court. Nao1ea. F1ðrida 3-4102 Name & Addrtsa of any persoo(s) to be øorified by Clerk', Office: (Ie more Jpac:e is øecded. attIICh separ* sheet) HealY M. 19þmon. SSO SorinJzlinc ('.curt. N~Ies. F1mida 34101 Hearing before ace XXX BZA 0d1a' Requested Hearing date: q/1 ( <r-¡ Newspaper(a) to be used: (Complete only if ÍWyvit.ntt. Baed on advertilemeat ~ 15 days bet'ore beuiøa- XXX Naples Daily News 0Ibcr o LqaUy Required Proposed T~t (Include legal deJCripóoa & ~ Jocatioa & Size: r¢tioa No. V-97..f1. Gre2 c.rlis1e I"""e- .,':1.. Bearv M. ~= ~~o: : J~~ tQ1' I¢*k variaDc:e from the re-.nJÍred 2S ¡; to IS (eet (or ørooertY 10cmd at Lot 18. Bnfioat . '. in 48 Soa1h. R_ 2.5 Eat.. Collier C'"..ountv. Ftorida. Companion petition(s), if any &. proposed beariDg date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what accomrt sboa1d be charged (or advertisin& c:ostr. 113-138323-649110 Reviewed by: Division Head ~ ¡JI'i1 [);del Approved by: County MaDap:r Dale Lilt Attachments: DISTRIBUTION 1NSTR.UcnONS A. For bariDp before BeC or BZ.A: IJdtIatIaI pmoII to COIIIIpIete ODC CtI1 ..... obtaba DMIIoa Bead appronI Won naba2.lttiq to Coauty M.uaqer. Note: UIepI6.. ....--' .. bnGIYecIt be.... dIIat..,. -- III.~ IepI nwtew... nca-t for I&IIlC, II I1IbDÚtted to CoaJIty Attone1 w.n øb..dttbaa to Ceaaty Maapr. TIle MaJuI&eI"1 oIIIce will dIItrtbat8 copta: o Cooty Mana¡tr a¡tocb mt: to Clerk'. Office o JteqaeItbIc DtYItioa o 0rfcIul B. Other bearings: Initiating DivilioD bad to approve ad submit origiDal to Clerk'. omcc. maiDiD¡ . copy t'Œ fiJe. ........................................................................................................... FOR CLERK'S OFFICE USE -1fV: Date Received: 4- Dooo.rPabIle_~ DoIe_+ 1 ----.---... --"_._".~.,--'-- 13A 1 t ,. , ~:.~.,~.. t-(). 235 236 Z37 238 23'3 240 241 242 243 244 245 246 247 248 249 - .._, ox . asr ptmA ( ,3 IfK[S cuvd) '-: ..... ".I.."~ ~,- &~.~ nx JK): COJ--lU'JIoJ:S : ~ 1/-17- (r J~ /' r~: car·T.~ P.B!DI: ~n U)(Jk1"nLJUS]J : .. PAX Ø): ~ ,.,4-8408 - ~~(mR 110: (941.1 174-8406 DA'l'B s:ar.r: -J:1}Ø SBBT: J(i77 I D STATUS Ø'GS tEPT COtE CXJ11. COtE 1 941 793 3795 0< 2 ~14 941':1';ft'tß93 0<:5 Ø69:.~14 941-566-3161 0< 8 ~11 92634864 0<:5 Ø60C~ ~ 0< 3 Ø60C~13 92634864 0< 3 ~ 941 775 2755 0< 2 ~15 92634864 0< 6 ~13 92634864 CJ< 3 ~ 91813::)'((..5:)-(5 0< 1 ~ 1 9141 353 1002 (J( 2 ~1F 1 941 261 9782 (J( 3 ~11 9415912125 0< 2 ~11 (J( 3 ~13 Q( 3 ~œ TOTA... ~_4J_. t(nE ST. T I t'E TOT:L TlI'E ABæ 07-25 15:24 00-01'19 07-25 16:10 00-01'48 07-28 00:21 00005'16 07-28 15:53 ØØ"02'01 07-28 16: 41 00" 01' 54 07-2<;3 14:43 00"02'16 Ø7-3Ø 09: 02 00" 01'36 07-31 11:07 00"04'20 07-31 11: 2Ø 00" 02'14 07-31 11:44 00"00'40 07-31 12: 55 ooe 01' 4Ø 00-01 15:47 00002'12 Ø8-04 00: 34 00- 01' 33 æ-04 10: 39 øø" 02' 01 Ø8-04 14:09 ~B2'æ 92634Sf"4 19a;~ -----' -... -.. ,.._..."'....,..~.... "'..,,-~..._--""'"'-_..._----""'......"---'....-.....__. 13A 1 ,~;., ~. ~: : r," '.I' \ ~ ! ( ¡- I', : ' '. August 4, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider petition V-97-6 Dear Judi: please advertise the above referenced notice one time on Sunday, August 24, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 704259 /, 1. '·r,. .....---'"'''''--..-...--. .. . -"'-_.__.,'--,_....-.~,._-'~-----'^'. 13A '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, SEPTEMBER 9, 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 V-97-6, Greg Carlisle representing Henry M. Johnson, requesting a 10 foot rear setback variance from the required 25 feet to 15 feet for property located at Lot 18, Bayfront Gardens, in Section 6, Township 48 South, Range 25 East, as recorded in Plat Book 14, Pages 114-117, of the Public Records of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Sue Barbiretti, Deputy Clerk (SEAL) ~.. . ...~-""~,,..."..". ... _._-.........~.__...~.._--._-_._,.> , - -------"'"17- - - .-- - -- ti' , . . . 13A"'1 t \ .. . r August 4, 1997 r f' Greg Carlisle 580 Springline Court Naples, FL 34102 RE: Notice of Public Hearing to consider Petition V-97-6 Dear Petitioner: please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, september 9, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 24, 1991. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Henry M. Johnson 13A 1 f t I August 4, 1991 Henry M. Johnson 580 Springline Court Naples, FL 34102 RE: Notice of Public Hearing to consider petition V-97-6 Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County commissioners on Tuesday, September 9, 1997 as indicated on the enclosed notice. Tbe legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 24, 1991. You are invited to attend this public hearing. Sincerely, .~ ," Sue Barbiretti, Deputy Clerk Encl. cc: Greg Carlisle ,. f. . -------- --,._......._......_-~..__.- - í:- - ~., . ';. ',: ;'i-\~;";''';-:'--:<' . ,;:.:....î~!_.;..,~',;è'~,.:~', ~...~.~... .:.:~;;.,,-'.;,Jo,,;¡"III~.;...'t-i~~(~;;..\~~ . .' ,~~...i< -.,. RESOLUTION NO. 91-____ RELATING TO PETITION NUMBER V-97-6, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 10-foot rear setback variance from the required 25 feet to 15 feet as shown on the attached plot plan, Exhibit "A", in a PUD zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-97-6 filed by Greg Carlisle, Contract Purchaser, representing Henry M. Johnson, with respect to the property hereinafter described as: Lot IB, Bayfront Gardens, as recorded in Plat Book 14, Pages 114-117, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 10-foot rear setback variance from the required 25 feet to 15 feet as shown on the attached plot plan, _1 '''^,'''~ ....."u,.___.....~_·"- .. '.- -- ~. , '" ~ . ~ of the PUD zoning district subject to the following conditions: \·.w -, This 10 foot variance from the required 25 foot rear setback to 15 feet is for the encroachment depicted on Exhibit -Aw. Any other encroachment shall require a new variance. BE IT RESOLVED that this Resolution relating to Petition Number V-97-6 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: ~ß'I' on. flcu..J(.,¡;(. Marj ie M. Student Assistant County Attorney fl V-97-6 ~LaTI~ .' . 13A 1 IIIpl.. Deny ....,. IIIpl.., 'L 33MO Af1fdlvft of ~lfcat1on Nllpl.. Deily ...,. IIOAAO Of COUNTY COII'I1SS10f1(as ATTM: IWICY S~ PO BOX 413016 IW'US FL 34101-3016 \ REFERE"CE: 001230 7OOf!R7 57553182 NOTICE Of PWUC IlEA SUte of Flodde County of Collier Before the under.iW'fd IIUthorfty, per_Uy eppMred Angel. 8ryent, \h) on ceth 88YS thet aM ..rves .. Auhtent Secretary of the ...,1.. "ily Mews, a da 1l Y nevsp.per pIAl 1 i tiled tit ...,1.., fn Collier County, Floride: thet the tlttac:hed COf11 of the ednrthfng val plAllilhed fn ..,d "_I~r on detn 1 hud Affient furthef' 18)'1 thet the I81d 1IIIp1... ..fty Neva is a oewpeper pIoCli.... tit IIIIpl.., '" ..1d Coll ier tOlllty, FlOl"i., ... thet the I81d nevspIIptr hu he1'eto'fo.-. "-' CCII'ItfllUQUSly p.blished in ..id CoUier Ccurty, Flori., eech drf end tin "-' entered . ..-.t cLesa .f 1 _tter at the post office in ~, in ..,d Coll ier COIIIty, Floridll, 1M . perfod of 1 yes.. next prKeding the first pIoClic:e1:1on of the atteched copy of adwrtf~; ... at11Mt further 14)'1 thet the hn neither patd nor pn:IIIisod ~ perlOn, fi,.. or coporwtfan ..., dhCOlllt, rebeu, co.1..fan w refvld fw the purpose 01 securing this edvert1~ fw p.b II tilt i on in the .. i d ne.. ...."er. MIlISHED OM: œ/24 AD SI'ACE: 61.000 IMOI FILED OM: œ/2tÞ/f17 I Sipture of Affiant uiftA ~. ~~,,(q Swam to and kmcribed brio.-. .. thf,--n.. dIIy of. ~ 1'11. 7 a 1~ Personelly known by.. 't;{'I /',;.( ]-1/.l..... '--I J ,.-!~~~ JudIII A. f'IIrIÇIn h' t~} MY a:Jf.NSSOt , CC!œ7I7 EXPIÆS .,..~r."... .~. ,.,., It. 21m '..o:..i\-: 1OIIOIII_1IIOV'''~,1I: __'....M_n>....'..........·__·__..~~'"·_;"·"····.,-"'--_· · 13A 1 RESOLUTION NO. 97-~ RELATING TO PETITION NUMBER V-97-6, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 10-foot rear setback variance from the required 25 feet to 15 feet as shown on the attached plot plan, Exhibit -A-, in a POD zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: Thè Petition V-97-6 filed by Greg Carlisle, Contract Purchaser, representing Henry M. JOhnson, with respect to the property hereinafter described as: Lot 18, Bayfront Gardens, as recorded in Plat Book 14, Pages 114-117, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 10-foot rear setback variance from the required 25 feet to 15 feet as shown on the attached plot plan, -1- .. 13A 1 . Exhibit "A", of the PUD zoning district wherein said property is located, subject to the following conditions: This 10 foot variance from the required 25 foot rear setback to 15 feet is for the encroachment depicted on Exhibit ~A". Any other encroachment shall require a new variance. BE IT RESOLVED that this Resolution relating to Petition Number V-97-6 be recorded in the minutes of this Board. after moti~:cond and majority day of ~k, 1997. /' vote. This Resolution a~ed Done this . ,?j? BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ð.C'. , " / ~ . ',~ . II Approýid'~$ to ~~m and Legal Sufficiency: "ll ~.\,. '. .. . ~ Õìì· ~ Marjdfie-M. Student Assistant County Attorney tl V-97-6 RESOLUTION ,",~"..",...~-_._- ~. .;,¡ , , } .> ." i~3" Á'" '1'- Q) ~:Q _-':4::;"'...".'", -"'" ": I ~,~ f .. , .f} ~ . : tu I¡! . ., tl; "' .--- / "' .-- " . " /"" ~ /. 'T7~ // /' / .' ''''''7' / '/ '/' .. , . ¡"I ..7'· ¡ -~ ,I I 1/ ,-, ..,......- ,." ..~ ... - - - - . j - - ~ - ;1.01 ':::"J - ....-'- ...,,",.-.' A¡ ..... ., ... ./, -~.' ... ~ ..... .......' ~ ."" . -, .... - ~ - - ~ a - .. ... . J - .. - ~ ... - ., .... I ~ . ~~ ;.~ ~ ~~ !!i .: ~§ g I ~ ~~ 11 ~ ¡¡, cg as § ~ '" - --' ..... -a ""'" 'I '"" 3 ''¡' '.~ ~ ~ . _........~tv..:.··.:..·..........·...·. ".. r~" .' ' - ' ..., - -,:'¡ .." ....,¡ ^".~_,__... r "'i' .... . - ..... ___.__o_.,",_."...,·_·~__· . COLLIER coUNTY FLORIDA' . . REQUEST FOR LEGAL ADVERTISING Of PUBLIC HEARINGS : .'):;. - .- ;'~""":. ."~:'.. To: Oerk to tbe Board: Ptc:Ue place tbe fonow.inK as a: . '.." 13'A 2 o '._~ .. XXX Normal1egal Advertisement " "';¡'7:<~":- (Display Mv., l.x:ation, etc.) T ""': 1:... ......~ '. ~·1~:~~;.i."'·~~::- ~..~. . 'f~1 '''~.'' ~,,:~"'::;':~./ .~.:.~ f o Other: , -, .. .......................................................................................................... ~?~~ ~:.~~:~,: ~:':...,~"'. ;~~:~~S -?,.",:- ",: .' .:" ,.' Ron Nino 'Date: ~ 8/4/97 :;"'" "OriginatingDept/Div: Comm.Dev.ScrvJPtanning "~' ~~Person: ;. µ p~,~':~.~';.... ~..' ' . ':':"'-=' '...:., ,;.' , . \ _'1~~'.'~" '. ':',J., ",' .... "'i;' ~..J!'....r-:..{..,~,... .... .-"~ ,~¿_.,-' . ,.~!:'.O:(lf.~~<!~}.~of~pú.~nt . ".' ....~ . ,?-~,~~:J:.::'/;. ·,'{:·!;:rr'>~~l.;E:.~ ret'~o .,'C' .,.. .~."....-:..--,,,.. . ,:::<, .- Petitioner:' (Name &. Address): ~ .. ~~~.',fJorida 3414: ':. '¡~A'> ';,,',.,_ "..~, ,.'."';r_ :;,.~ ..... ,....'.M·" ........,..... . .,' ...... .' .-.,.... ..... ..,. ,';"" .":"~:?:~: ',- . ,', " ··'·'r'.......·",.. ". . ... . .-:' ~ i.f'. .,Name &. Address of any pcrson(s) to be notified by Clerlt·, Office: (If more space is needed, attach separate shed) TimothY W. ferYUSOn P.A.. 2272 Airoort Road South. Suite 210 Naules. FL 34112 :~?'r_"" ,", --:-~-"~ '.'..:, .':. .:,,,~ .~. -, ~ ' . ~..~ Hearlng'Wore ~,¡: BC~' . B ., \' Other . '., '. ... .- , ""..<at". .:~~,·:~;~ítdJ~r~te: :~¡:('~. ~. ''''' '!'-~~advertiscmentappc3rinilSdaySbe(orehearing. ..... .'... ..... ,..'. ...::,";_.~.4." ,~_. ·4~;' ~. ~- .", Ncwspapcr(s) to ~ used.: Jû.>mpJct~ only üimportant): "'~'."")" '. -' .. " .' XXX Naples Daily News' Other 0 Legally Required Compan!~n pctition(s), ü any & proposed hearing date: Does Petition Fee include advertising c:os{7 ~ 0 No If Yes, what account should be charged (or adverti~ing costs: 113:138323-649110 .P '?;.1.0 ,L"Sq Reviewed by: "'T {.- I Approved by: ~ ~~ r47 Division Head List Attachments: Date County Man.1ger Date DISTRIBUTION INSTRUCTIONS A.. For hearings before BCC or BZA: løitiating penon to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document Is involved, be sure tbat any necessary legat review. or request (or same, is submitted to County Attorney before submitting to County J\o'lanager. The Manager·. office witt distribute copies: o County Manager agenda file: to Oerk·s Office o Requesting Dhision o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy (or file. ........................................................................................................... .:~R,~~'.""~~~~~E'1~ Daæo!PubUc~.~-*- Date~~,,~~ t1!'~"r..'tM""-t7"~~: -;...-- ,~~~:-"'~:¡~';'/'''!-~-'i:\':". .,' -' .."~,':'~:,~,, - :,~:,,,,l··, :c.:-~~ :.:..,..... .....', ~:!1f\w ........,;. . ,!l,'Þ "'j,~1II.;i..,~_",;..;. ,?,+.~.. . JO.. ....~¡;".~~,.'~....~ ~~"~'-~"":'''''-'''''''' ~ .~t"::.'",," , "....:.,,;¡ .~: '. . ',;. ."",.,,~,:.... ,~..;." . ...", ..' ;. . --,' ' . . . . .' ",,,,,".",,--,,-,,"-'.'''-~ PAX 'O'I~ .5 (~ II ~ .w m:rs \;UVA&f.) m:~' ~~, 0.'11 uxm: I ) C(Io-~: c",,-q7-9 . o 1'BœI: d~ / ...~~ ~......,., ..--....-- ......-. -. ~....~: ~....~-- ~;¡;~ ............-~ :e .. ~-:.:;::.~~. PAX BO: (9f.1) 774-8408 I,Pt'KIN~ 1m: (9U) 77.&-8..06 DM'Z s:ø:Ift : r/?Z -rDŒ SEI!IT : <¡ .. 3{- 246 08-01 15:47 00" 02'12 1 941 261 9782 0< 3 ~11 247 08-04 08:34 00" 01 ' 33 9415912125 0< 2 ~11 248 08-04 10:39 00" 02 ' 81 92634864 0< 3 ~13 249 08-04 14:09 00-02'00 92634864 0< 3 eæ::008000008A28 Z"'.:JØ 08-ffi 09:10 00"03'17 92634864 0< 4 ~lS 251 08-0'3 09:21 00" 00' 41 9417746179 0< 1 ~ 252 08-es 15:52 00" 01' 52 941 643 5716 0< 2 ~ 253 OO-Ø6 09:34 00-82'14 941 261 6747 0< 4 ~11 254 00-06 12:20 00"01'18 1 941 7'7S 9236 0< 2 ~12 255 08-ø7 00:26 00- 02' 11 941 7'7S 27S5 0< 2 ~12 256 æ-07 08:32 00-02'81 92634864 0< 3 ~ TOTA... tFGS 65 --_..__.__.._-->...,--'^..,--..,.,.-'--_.~.=...~.~- 13A August 6, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider petition CU-97-9 Dear Judi: please advertise the above referenced notice one time on Sunday, August 24, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. sincerely, Sue Barbiretti, Deputy Clerk Encl. P.o. No. 704259 1 _-"--' ........"""._''''''',''''~_....."'''h..''',;'·_''''·,~'' -......--- · .,~.,~_..._____."...o=-"-----·_,·,~"..,··..~'~_···,·_,····..,·~.","'~'~"'-"'^'-~"'~- __._~,,,~.~~»,...---<,. ...."<1' .... 13A L August 6, 1997 Timothy W. Ferguson, P.A. 2272 Airport South, Suite 210 Naples, FL 34112 Re: Notice of Public Hearing to consider a Petition CU-97-9 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 9, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, August 24, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: El Expresso Bus Company . ~,~~._--"<,.~---"...,.,.."~~.,.,,.~<..,,,.,.,-,-...,- ,._,_"=..'"'h' __.....' "_,"~,_~,,...._. RESOLUTION 97-___ I A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A BUS TERMINAL, CONDITIONAL USE ~12N IN THE C-5 ZONING DISTRICT PURSUANT TO SECTION 2.2.15 ~.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 3, T~ANSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREþS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use ~12N of Section 2.2.15 ~.3. in a C-5 zone for a bus terminal on the property hereinafter described, and has found as a matter of fact (Exhibit "Aft) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Timothy W. Ferguson, P.A., as agent for E1 Expresso Bus Company with respect to the property hereinafter described as: -1- ',"" >,.~_.."".,.....".~" ......,.~.,",. .'~.',_..". '... .. ~--.,-- 13A 2· Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "12" of Section 2.2.15 ~.3. of the C-5 zoning district for bus terminal in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: a. The Planning' Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Developm~nt Code (Ordinance No. 91-102). b. This approval provides for a passenger bus service operation not to exceed two buses per day and no more than one bus shall be engaged in disembarking or loading at anyone time. c. The stationing of a bus is limited to the location identified on the conditional use master plan, which shall be confirmed on a required Site Development Plan to be submitted pursuant to Division 3.3 of the Land Development Code, prior to any initiation of bus service to and from the site. d. In all other respects the site shall function in accordance with applicable provision of the Land Development Code, which provisions shall be reflected on the required Site Development Plan. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: . ')h.~ ~. STÙDENT ASSISTANT COUNTY ATTORNEY f/CU-97-9 RESOLOTIOK - ...:......... -2- , ......,.......--_:........_...~.;;\'iI:"...~¡,... '... .L . ". " .;>.' -..","..,.... , . "..'...:"""""", .' '..' . ,". ¡~~';.{~_~: '. ~~ ~~~'i~~:"" ...--..... -~ _.- -~_.~. ... __,,___~m_.._.·.·~,·_'"_·, --=- FIl'I"DING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-9 The following facts are found: 1. Section 2.2.15 ~.3.12 of the Land Development Code authorized the conditional use. 13A 2' 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: f/FINDItlC OF FACT KEMBER/CU-t7-' Exhibit "A" · "'Pl.. Deily ....,. "'Pla, ,I.. 33MO Aff1~1t of rubl1C1tton IIIIpl.. Deily'" BOARD Of WJMTY COfIIlSSlOllEU A TTM: IWICY SAlOCiilJl f'O BOX 4130'\6 NAPlES FL Y.101-3O'\6 REFERENCE: 001230 7Olo259 S7SS2508 MOnt! Of I'WUC tEA Stete of Floride county of Collier eefOf'e the \WIder.igned 8UttIor'tty, .......Lly IIWHred ~l. Irr-"t, who on œttI ~ ttwt 1M .erv.. e. An1at...t ~ret.-y of ttIe "'Plea Deny rtev., . daily ""'....r published at IIIIpla, tn Collier ~ty, Flortda: that ttIe a1:Ud* «1f1f of the .ctvertising .... plblilhed tn IIIt1d n. IJ ;.. on dlttes l hted Affi...t further aey_ thet ttIe ..td ..l.. leny Nev_ h . ~r plbliaMd at IIIpl.., tn ..td Coll ier county, Florida, ... ttwt ttIe IIIt1d nevtpeper has heretofore """ conttruoualy pubUahed in ..td Collier Cowrty, f\øM., ..... dey end 1'18. been entered .. MCCt'ICI ctaø .-il _tter .t the post office tn "l.., in ..td Cottier County, Floride, for. period of 1 ,.e" next preuding the first plbl1C8t1on of the .ttlched COf11 of edvertt..-nt; end lIff1ent further NY- thtlt the has neither pe1d nor proehed wry perton, fire or ccporatton .." dheOl.Mlt, rebate, ~i..ion or ref1rd for the purpoae of .ecuring thh edverti.-.t for plbl i çat i on in the ..I d nevspepet'. PlØ.ISHED OM: 08/24 AD SPACE: 63.000 INCH FILED OM: O8/26/rn I stptur. of Affi...t U(j;fLf...{;:L,(~;/'i{j SWom to end SlÞcribed ~fore ~ t.hi.d.2... ~ ~ -!?7- 16::/ PerSONllly known by - ' ;1:.1(1' ttI /) r::r 1ð.¡0\-1. ¡1 {J I () (þ~ ...... A. f!IIIIgIn !.: ~ .!'o\ tI1 txMISSØI , CC!iDI7!7 EXPIRES ?':' ..: F-., ".2000 IOICIID 'IIINI,.... ...-a. III;. .L ) A ¿ I RESOLUTION 97- 379 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A BUS TERMINAL, CONDITIONAL USE ~12" IN THE C-5 ZONING DISTRICT PURSUANT TO SECTION 2.2.15 ~.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Colli~r County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appcinted and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use ~12" of Section 2.2.15 ~.3. in a C-5 zone for a bus terminal on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordanc¿ with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Timothy W. Ferguson, P.A., as agent for El Expresso Bus Company with respect to the property hereinafter described as: -1- _.,'"'...,..>.....~,.,.."-,,- 13~ ¿ Exhibit "B" which is attached hereto and incorporated by rcferenc~ herein be and the same is hereby approved for Conditional Use "12" of Section 2.2.15 ~.3. of the C-5 zoning di5trict for bus terminal in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: ð. The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). b. This approval provides for a passenger bus service operation not to exceed two buses per day and no more than one bus shall be engaged in disembarking or loading at anyone time. c. The stationing of a bus is limited to the location identified on the conditional use master plan, which shall be confirmed on a required Site Development Plan to be submitted pursuant to Division 3.3 of the Land Development Code, within thirty (30) days of the Board of Zoning Appeals approval. d. In all other respects the site shall function in accordance with applicable provision of the Land Development Code, which provisions shall be reflected on the required Site Development Plan. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution jted after Done this ~~ day of and majority vote. , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~ . " ~~ . " .. tICU-97-9 R£SOLOTIOH -2- ..,.........,,"-'">,_.~>..._.,..._,..- "'---",.,.-"-' 13A 2 I FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-9 The following facts are found: 1. Section 2.2.15 ~.3.12 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: . ~ Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress~ egress Yes l/ No c. Affects neighboring properties in relation to noise, glare, ~co~ic or odor effects: ~No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within ~strict Yes ~ No Based on the above findings, this conditional use should, stipulations, (copy attached) '§M-11 f -rtl)-- be recommend approval ~ DATE: g/¡,¡/Cj1 CHAIRMAN&~· f , f/ÇU-97-9 FINDING OF FACT CHAIRMANI Exhibit "A" ~_...,,~~,.__ "11''11'1' .....-;....- ,,,_,_"_"'"_M'''.'''''"'~_'__"'"'·'''-''''__'_ ~~ 13A 2.' FINDING OF FACT BY COLLIER COmITY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-9 The following facts are found: 1. Section 2.2.15 ~.3.12 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with th~nd Development Code and Growth Management P n: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ess Yes -L.- No C. Affects neighboring properties in relation to noise, glare, ~homic or odor effects: No affect 'or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use ~hin district Yes -LL-- No Based on the above findings, this conditio se should, with stiP~n~6t~t:~.ached) '(8~""'" rt)/be ecommended for .a.pp~ (,/~1., ~ '\. ~ - . ~ DATE: !\~~(" 2\, \l1c'l , D. MEMBER:! !/ f/VINDINa OF FACT MBMBER/CU-'7-' Exhibit "A" 13~ 2. \ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-9 The following facts are found: 1. Section 2.2.15 *.3.12 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Mana~~ ~n: No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ing~ess ~/NO C. Affects neighboring properties in relation to noise, glare, e~_ ·!~dOr effects: ~ No affect or Affect ,mitigated by ________ t cannot be mit1gated D. Compatibility with adjacent properties and other property in the district: compati~ithin district ~NO Based on the above findings, this conditional use should. with stipulations, (~opy attached) (should not) be recommended for approval J'i¡¥~0£tJ) DATE: 8/2/97 MEMBER: £..Jjl AM tlFINDING OF FACT KEMBER/CU-97-9 Exhibit "A" .~.......-- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-9 The following facts are found: 1. Section 2.2.15 ~.3.12 of the Land Development Code authorized the conditional use. 13A 21 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management ~l~( Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress « eçp;ess Yes V No C. Affects neighboring properties in relation to noise, glare, eco¡K)mic or odor effects: ~ No affect "or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use ~hin district Yes V ·No Based on the above findings, this conditional use should, with s~ipuTat'ÌQns, (copy attached) (should not) b~" e. ~mme~~d for ~~~~~V ('¿:: DATE: F'l/~9' 7 MEMBER: ' ~ ~ // / ,~ / L// ' tIFI~~INQ OF FACT KlKBER/CU-97-9 Exhibit "A" .-------..--.-------------- ... "'.u u.... ~... þI^U'.' BY COLLIER COUNTY PLANNINO COMMISSION 1\ ~v~'44JJ. .1.U.J.N.I.C"U::I.Þo t".Þo.1 J. J. J.v4~ FOR CU-97-9 The following facts are found: 1. Section 2.2.15 ~.3.12 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Pl~ Yes L- No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~ Adequate ingress & e ess Yes No C. Aff~C neighboring properties in relation to noise, glare, ec nomic or odor effects: No affect 'or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distric .' compatible use hin district Yes No Based on the above findings, this conditional stipulations, (copy attached) (should- ) be recommen approval ~ ~ DATE, t:.-;J <1 f7 MEMBEa d41. f/FINDING OF FACT MBKBD/CU-,7-' Exhibit "A" 13A 2 1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-9 The following facts are found: 1. Section 2.2.15 ~.3.12 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with th~and Development Code and Growth Management n: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and co;zt 1, and access in case of fire catastrophe: Adequate ingress & gress Yes No C. Affe~s neighboring properties in relation to noise, glare, ~onomiC or odor effects: No affect'or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the dy!str ct: Compatible us ithin district Yes No or Based on the above findings, this conditional stipulations, (copy attached) (~, ",1101 .....t) approval DATE: ð /).1/ c¡ 1 I , f/FZHCZNa OF FACT MBMSZR/CO-'7-' Exhibit "A" "1 3- A 2' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-91-9 The following facts are found: 1. Section 2.2.15 ~.3.12 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes 'V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress .~ egress Yes" No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect 'or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: CompatibleQse within district Yes .......... No Based on the above findings, this conditional stipulations, (copy attached) (should not) be approval t.fF" . , DATE: ~\").a\=\l use should, with recommended for MEMBft. ~ ~ f/YINDING OF FACT MEMBER/CU-,7-' Exhibit "A" -"',.~_.,.,.'"_._....___o__,.·,,-"'- ~._..~__~_ to.. I I I I I~ ì .,. , ',[ "0 . - I~ I ø:: i CI,j ... . I~ " . .-=- = "- = - ~. ~ ... . .... 00 - = C, Q : ~ :--- .- "0 C Q u- . 'W.._ ..._.!_ .~~~. "':~ ~~~- t ' .. ~. . '.' ... ~. ~ ~ '0 - ~- .. - ~- Z~~ - - <= I W , W ~ - Q.. M ,~ ~ ~ - ., _Úg"c:I=lII)o~.O ····ili I j 1IIIIfllJ i j Ihdbflb ; 13A 2 t I I ·1 . ~.; '. t. . .. '~ "1 ---------- eoLLID. COUNTY fLOlUDA REQUJ:ST FOR LEGAL ADvtJh6DfG orPUBUC BEARINGS (i) 13A To: Ckrk to the Board: PIeue place die followfllCu a: xxx Nonna11egal Admtíscmc:at (Display Adv.,location. etc.) o Other: ................................................................... .................................... Originating DepcI DiY: Comm.Dev.Serv.lPSamúng Petiûoo No. (II nooc, give brid desaipdoD): CU-97-1 S Person: "1"·97 ~Date: Petiûoocr: (Name &; Address): Seventh DaY Adventist Church. lOSS Pine Ridæ R"" Naples. Florida 34108 Name k Address of any pason(s) to be DOtificd by C1cá's Office: (If more space is accded. attaeh separate sheet) Hearing before Bee xxx BZf Other R¿:qucs&cd Hearing date: OJ / ~31 q-,. Based on advertisement appearing 1 S days before hcarins. Newspapa(s) to be used: (Complete only if imponant): xxx Naples Daily News Other o Legally Required Proposed Text: (Include legal dcscripûœ &; c:ommcm Ioc:Iûon &; Size: Petition No. CU-97-1S. ~th Dav ~ C'Imtr.h rcœJatinl Conditional Use '"2" ofthc "RSF-l" 7.ODÍD~ district (or I church and mMPd - for l)I'(~m w.tftt at 17 ~ P¢ further described as Lot 2. Block A. Pine 1UdF- in Section 10. Township 49 SouIh. Ranp: 25 pJtå Collier CoaaIY. F1ørida.. consistinJ of 1.3.5 acres. Companion pctiúon(s), if any k proposed bearing date: Docs Petition Fcc include advertising cost? 0 Yes 0 No [(Yes. what account sIøWi be çbarged for adveniciøS c::œs: 1134138323-649110 Rc.1ewt:d by: ~ Approved by: ß/(~A7/7 Divisioc Head DIre Coonty Maaa&a DIlle Ust A ttprhments: DISTRIBUTION INSTRUCTIONS A. For hearlop bd'ore Bee or BZA: Iø1t1atbaC penoa to complete ODe co"! aad obta1a DivIåoa Bud appronl Wore IUbmittiac to eouaty Muacer. Note: Illcpl dOCll.."t Is i~ be ..re dW aa"! aecnnory Icp1 rnIcw,... ftiIIIICIt for ~ is submitted to CoaDty Attoraey before ..baúttml to Couaty Muqer. The Muqer'. office wID........ copies: o Coaty Maaqcr apda fOe: to Clerk'. 0ffJc:e o ReqDadaJ DIYiåoa DOn..... B. Other bearings: J nltistrlng Division bead to approve aDd submit origiaa1 to Oat', omc:e. retMni"l. c:apJ AIr file. ........................................................................................................... FOR CLERK'S OFFICE USE ~~~a. "\ ð I.. ? It! . ~ ( - L Date ~ ~ Date ofPubIk bearing: ~7 Date AdYt1tiscd: ~ <; 1 "._~".~,._,- 3 13A 3 . . 011 pftØG S' o;aú.S ~AIiJ e, .. 1'''1';'' ox I!O: x.ocall'J.~ I IN: uxmz 1) c. lA . q ì - ( r; CI)~,..~= J~ ~ ~.J4I:: œu:n~. naH: - \;UI~!' ~í~~ :,. ?AX 110: CJ!!!l 77.&-8408 ftJ')rd!K): ~77.a-8406 - . .- .. ~;~4-~. PØ1": <¡1 \~ \ q 1 \ \ ~...:--.-J\,. t.O DJ'.IJ'K - --- t-{). ~TE ST. TII'E TOTÇL TIrE AB!R ID STATUS tIFGS tEPT coœ CXJ11. CODE 267 æ-øe 16:00 00-01'54 92&~ 0< 3 ~12 268 æ-æ 16: 13 00-01'51 92634864 0< 3 ~1A 269 08-08 16:34 00-01'50 ~ 0< 3 ~16 2?0 08-08 16:43 00- 01'50 ~ 0< 3 ~14 271 08-11 13: 15 00" 02' 01 ~ 0< 3 Ø69~14 ZT2 00-11 13:28 00" 01 ' 54 ~ 0< 3 ~11 273 08 11 15:44 00" 01 ' 24 813"(~3ØØ 0< 2 ~1e 274 08 12 15:28 00" 01 ' 26 813"(~~ 0< 2 ~15 275 00-14 00:53 00"02'00 941~(tJ..)~3 0< 3 ~ø;Ale 276 00-14 14:21 00"Ø3' 13 ~ CJ< 5 ~1A 277 00-18 10:40 00" 02' 03 926~ CJ< 3 ~15 2?8 08-18 10:50 00" 02' 16 ga;~ 0< 3 060C~ Z79 00-18 11:07 00" 02' 03 ~ D< 3 060C~13 2B0 0&-18 11: 17 œ-01'46 ~ 0< 3 ~14 TOTÇL aPGS 42 TJIfR . ".... P.O. No. 104259 13A 3 " August 18, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition CU-97-15 Dear Judi: Please advertise the above referenced notice one time on Sunday, September 7, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. .....-"""..."...----~' 13A 3 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, SEPTEMBER 23, 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 CU-97-15, Seventh Day Adventist Church requesting Conditional Use "2" of the "RSF-l" zoning district for a church and related uses for property located at 17 Caribbean Road, further described as Lot 2, Block A, pine Ridge subdivision, in Section 10, Township 49 South, Range 25 East, as recorded in Plat Book 3, Page 24, of the Public Records of Collier County, Florida, consisting 1.35 acres, more or less. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be baaed. BOARD OF COUNTY COMMISSIONERS COLLIER com~, FLORIDA TIMOTHY L. HANCOCK, CHAIRM1\N DWIGHT E. BROCK, CLERK By: Is/Sue Barbiretti, Deputy Clerk (SEAL) ., ~-.v.....____ .. ,..._ ___,,-Â.____.-._._ -..- 4_..--~ _ August 15, 1997 Seventh Day Adventist Church 1055 Pine Ridge Road Naples, Florida 34108 Re: Notice of Public Hearing to consider a Petition CU-97-15 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 1997. I i You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. """,,"_.~,,,_.........œ_',"_''''''_'''·~~'' ..--<, 13A 3 RESOLUTION 97- A RESOLUTION PROVIDING FOR THE EXPANSION OF A CHURCH AND RELATED USES, CONDITIONAL USE "2" IN THE RSF-1 ZONING DISTRICT, PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 eAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "2" of Section 2.2.4.3 in an RSF-l zone for expansion of a church and related uses on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1- .......,.""~.._. ,_,.,,,~,_,,~._·A.._ ---- 13A 3 The petition filed by Seventh Day Adventist Church with respect to the property hereinafter described as: Lot 2, Block A, Pine Ridge Subdivision, as recorded in Plat Book 3, Page 24, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "2" of Section 2.2.4.3 of the RSF-l zoning district for expansion of a church and related uses in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: 1) The site plan (Exhibit "B") is conceptual in nature, and minor changes may be made administratively in order to meet the requirements of the Land Development Code. 2) The driveways on the subject lot shall be one-way in and one-way out. 3) The existing parking lot shall be modified to accommodate traffic flow between the lots. 4) Exotic vegetation, as defined by the Collier County Land Development Code, shall be removed from the site and subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. 5) The existing residence, prior to any non-residential use, shall receive a Certificate of Occupancy from Collier County. 6) A Type "B" landscape buffer shall be installed along the north property line prior to use of the site. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY L. HANCOCK, CHAIRMAN APPROVED AS TO FOffi1 AND LEGAL SUFFICIENCY: ':m(}~t" /f1.flt:nJ'~ MARJ IE M. STÒDENT ASSISTANT COUNTY ATTORNEY ttCU-97-15 RESOLUTION -?- 13A 3 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-15 The following facts are found: 1. Section 2.2.4.3.2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property thereon with particular reference to pedestrian safety and convenience, control, and access in case of fire Adequate ingress & egress Yes No and proposed structures automotive and traffic flow and or catastrophe: C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN : F/CU-97-15 FINDING OF FACT CHAIRMAN! .. Exhibit -A- -..-. .--.-..- ....._-,---..-..."_."-~'""'""~~.~.---'-" ,.."".~......,,_...^._- --- --,.-~--.. ---- 0;-. Î', I I 1 .......... \ " .... ~I Î.... ~; ".... - '. I -........ . '-. " _ ~1',1 ~ T t ...~ 'f'I'.,. Y-. U c:;. , ,- i / I I I ! / _."--.~ , ( , .' ... A·' .. ;. - " a: ., :- -- " .. ,,1 . . ~"X I'" T i U4::';Gu~C·~',ko._ <- 1-:.a ._ .a ." u.,. ..."'_...... ~.iT"':':~"'.....;, ..- .,~~:.r::.-.;¡¡.., . . '-..-.-. ..... . ._, "W,~,_._··",~_........,.--· -,."" ...,.,. -~ ,._....,,--._~......."¡,",.,,_. -. IIIptn Deity IIIw _tn, FL 33MO Afftdl¥it 01 PUblication _l.. llei ly """ BOARD OF COUNTY cœtISSIOflUS A TTM: NAIICY ULOGI.e PO BOX 413016 NAPlES FL 34101-3016 ItEFEREJlCE: 001230 7042S9 57559622 HOT ICE Of "8..tC !tEA Stet. of florid8 County of Collier Before thct underligned lIIlthority, PØ'.onIlty eppeered B. LMb, who on oetfl sera thet 1M MI'Yft .1 Asallt.,t Corporet. Secreury of the _t.. Dei ty ltews, . dat ly nevapeper ~l ilfled .t _tN, in Colli.,. County, Flort.: thet the fttac:hed copy of .tv.rtising WII. dIliahed in ..id new.P-s>tr on dete. lilted. A 111 ant further I8ya tIIIIt the Mid IIIIpl.. Deity ltewl 11 . MVapllper dIli,,*, ~ *pl.., in ..id Collier COynty, Flort., ... thet the Mid MVlpllptr hat her.to1ore betn CIOntil'llOUlty p.blilhecl in ..id Colli.,. County, fton., eec:h d.y end hel been entered .. MCCInd eta. .i t ..tter et the post office in IIIpl.., tn Mid Collier County, Flort., for. period 011 ywer next p"K~i11j the firlt dIUaltion of the ett.cMd copy of IIdwrti.-rt; ... a11i8nt further My' thet Iht hes neither petd nor )f"OIIi Md 'Mr'f person, 1 i,... or c:opontton eny dl.count, rebete, _i..ton or ~ fOt' the PUrpoM of MC1.Irillj this ednrtt.-rt for publ iattion fn the ..id ntwapIIptr. I'UBlI SHED Oft: r:R fC17 AD SPACE: FllED Oft: 64.000 INCH 09fœf17 !:iV'\8~ur. of Affiant ß' ~ Sworn to ønd SUbtcribed before.. thi.l.1L- dIIy of ¥ '91.7 ",_""_,, ··l,dÞ-:t({J.1: fA"'~JA.' u ~~~'!r".""- Of : AIV~.A.,.. . ..... ----.., , CI:8œ1I7 ÐcPIRfs hH'¡¡ 1IO/1JaIo~"- ' '-TIIDI"'II/If~1II: 13A 3 ",---,~,-,--"".~._, ,. RICHARD C. GRANT 158 CARIBBEAN RD. . NAPLES, FLORIDA. 34108 PHONE: (H) 597·7759; (0) 514.1000· FAX: 514-0377 13A '3 . 1 September 2, 1991 Members of the Collier County Planning Commission Collier County Courthouse Naples, Aorida Re: Pr.tition CU-97-1S- Sevmth Iñy AcM:ntist Church. Dear Commissioners:: I write to express my opposi~ CO ~ refeœnced cooditiooaJ use petition. I have been . rcsid~ of Pine R.;d.ge JÍoœ 1979. ~ appro~:~teJy one-balf mile north of the site of the property invok-ed in the perition. I alia him: been . pr:ac:ticing attorney in this comrœnity since 1979 and I know something about the applicable law and standards c:ooceming coodition:al uses. Although it is a lawful and po.t1.åtc:d use, the exisbng church site located on Lot 1 BJod ^ is DOt in conformity with the residmúaJ c.haøcter of the surrounding Pioe Ridge area in which it is loated. Its use as I church IŽœ W2S evideodr estabIisbed before zoning limited use to raídeotial purposes or else it was "t'}'I~~ previouIJy IS I pecD1Ítkd condítionaJ use. Tune has not pecmittÑ me to verify..fúch it is. \VJúc:bae1 is the c:ue, rhe church use should not be allowed to espand further eorth into the residenbaJ area of Pine Ridge. To do 10 wiD create an iøtrusion into the re3ÎdentiaJ aP-a that is greatEr tbaa prescady e:ústs. The church ev1dendy wants to apand ÍÞ paámg and of&:es because of growth in ill mcmbmhip. Such growth is to be expected in . growing community. To permit rhe church site to exptnd furo..her into the œsidenriaI area wiD only cncooøge further growth of ~ cburch. As chat occurs there will be increased pœsøuœ wdbin ~ churcb. from its coogœptÏoa. to remain in ita ~t location and to f'urthet expand «he church &ciIiries, perhaps eva1 ÍÞ sice apin. IS it contioues to gtO\'t 1 f the ~ is ~ aoCI rhe DeW &ciIit:ies are added cbe drurch wiD then have an CWQ gmater íavestmeot in . chuø:b &c:iJity in its preseøt location. rn:akJns it even more difficult £ex the church to then consider a move to . more appropti2te location. WhiJe approval of the petition may not set 2 kpI precedent that wouJd justify espaosion apn in the future., it wouJd gÎ\oe the church the proverbial" foot in cbe cIooi' to uk the couoty to allow it to expand ÎtI &ality in the future and to 1ncreue the in~ of use of ÎtlIÍte. This wouJd not be . ¡oed thing IS it wouJd be a further encroachment into the ~ oeigbborhood that is Pine Ridge. A line c.Ieady needs to exist to establish the boundary between ~ha1 areas and the churches and commercial uses that preseody exist on the perimeter of Pine Ridge. You are being asked to move that boundary Jioe fi.zrtber iato the ~J area by ..~"i, the Jioe that DOW exists one more lot inside of cbe oueside pu;me~ row or Iocs in Pine Ridge where the cburch is currendy located. I submit to you that che:a: is no justi6ation for: this IS it wiD eucerbate the n0n- residential pressures that already exist on the Pine Rjdge community. ~-"'~,~-,_.>--_..""_. ".-......"....-.""- · f 13A 3 I -2- AUGUST 31,1997 The Pine RKfge res1dcmia1 commuÞty is today surrounded by major arœri:aJ roads on its entire perimeter. It is a wen established raidemi:aJ commuÞty that enjoys a uaåque and cksirable cIw:u:tcr that deserves to be preserved and ~ by the County.. I uk you to let the line remain where it is now located and that you recommend denial of the referenced petition. Very truly JOUR, RKhud C. Gunt -._----~----, . f'ØGIO-""'" .J - ~ -~ ~ ~ t ii )( .t. ::¡ ~~ (L k !_ P_ \'F'"" ~ II,' II r ~ .;-" ,N n .. ':...,. ~ -, . :::ä:: \.- -J -.-f-f I=!; . -;¡- ""1 -¡ I tt:' ""1 ¡ ::::L:' ~~ 2' t"'. ' .1 -I _:' ~ 2:111 _¡_, I -, l..:;;;;: J . ' -I -, " II " ~ m -:. ., ., ~ ::!::: ... _ . _ f J;::':1 :. ¥ E ~i ::" ,:::..: .,':,'::, .:: "" " .' 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I~ _I .. -.1" .. .:.~ . 3(- -, "7'..;' " .. .. .:, ;::i"; . - -t"' ,-' -. ., .,,' .. _ _II" ..\ ':,: ",:~", -, ., ., .,. ,:," ':t ~ - ., - . -. -. ., 1: ~ ... ~ I;. " .. .;", - ~~., 1: a "".. ..., :J: .. o ª :' ~ .. -',-,,-, .~.., -'I'~ - ;: ~ i 11 l-ii.. ,. .1 'Ii-.i T T 1 4- o .",.,1 ' ~.' -, ~ _( i7 -.1-' _. _.1.- r ;r;l'- 'iI ..r.'\ ~ ,1-. '11-· -, - -- '" d' ¡; ...., ;¡¡;L-..J I -.:.I! ~ - -I 1_' - ' ---:- ¡:!..c .,', ,µI" -, 'W'-'I ;gr., :: ~ .~Q\~ rr II ' I II .~ k.. ., \"' -I .j ., ¡-;;- ~ .T K. '):;~I. :nJ '11 "I ." ,,'i-ffï¡;'~'I~-- - . .. ,. - II! ...., -I ." I ~ ~ I~ II _. ~ ,,), .¡; r-:-- II "..r-- ~¡ .- aã ~ 'I .i,·j F II II f·j , .,- . I¡ ., -¡ -, --::-- . ?I . -I · ¡ .!..I_ II c;..... -, -. .. ~- _I ¿OI' -I '1""'::' __ -10 ;'" II .-;-.... I ., ~ '.1"·' ID ~ :: ,," ':. '.. .. -" } . .1 .-¡.~..~.~.. .& ' '., - ~\ _¡., ~I .y.:~ ,-:.ii":'" u"'''' -.' . ... ~... ~!.. -I ,~ .';'~' .. ..m - ..,. .a . · ... ... - - ". -..-. ....>.... ''-'l~ _.', _I .;,," "-1 '. 1.1 f ~ :1] . ..:: .,¡t "t I ---:--, -..-......,¡¡"'...-........... I <1>'" ~.... ....... 8~ o~ ~ (; + ." - -- " 00 ?E g'" o~ c '" .... <: t ""~ -'" ÑoD :S~ -" g 8'" n g ;:¡ J¡ ~ '1' r I ~ "1 (þ Ch -'" c.~ o:am a <~ G'J -fl' Q(1t Z ,~"- ~I Þ ,~ ... .; ;: I~ ~ " ._ I -,. -"',.,"",""...,,,"'""..........- <It '" ~,.. t;;0 - :I: 8~ o '" --< '" ~ J 1 1 ~~ ~~ -Colt"" VI....... ..øo W\O . a- VI NN 0...0.= \It 8'" 8°""' õ;!; ;!; ~ 8R n '" 0 S "" ~ '" ",- "" 0 6'~ '" ë;~)o o -1:1 ~ I r- - C~ --- fiCO f, 0 · ðl CD 1':C ¡j.t ~~f III! s 8~~ I ii L~ J - ,.-a vi :J' ...,¡ ..~._.,.'~_.",'" ".-",..-- Reguardlng Petition No. CU-97-1S¡ 13A 3 We, the undersigned, are opposed to the request by the Seventh Day Adventist Church requesting Conditional Use "2" of the "RSF-1" zoning district for a church and related uses for property located at 17 Caribbean Rd. !{Q.~<" .~ß. ~o ~CU1.I-W/uUQ/~fi 34/ðE tfl f-~ , , FL ~-f-/ DO r ( r l ?r..'"C - I ,1 ,-vY; ð"¿~ , I\iL 'q 8 E.A STA\J ( . II l- 1/;2 £.¡¡.s TAll£. NftPL£S ~t¡.ltJ8 .~."-_..,'-----_._"_._,.._~ ---._..""........"'~".,"-",._~-'-"""~_.. ..-,-- .,~_... Reguarding Petition No. CU-97-15¡ 1"3A 3 1 We, the undersigned, are opposed to the request by the Seventh IRSF-1" zoning district for a church and related uses for property located at 17 Caribbean Rd. J}.4 /5/ AJ;k,,<>< i 7?J.- 9/ ~ L'IL (~~-. lGI. !M/L.~"')t'AftJ;/¿ I¡ff C/ I ~;;- i/ ,,£-¡ .t) ß' D t' .. L i0ætrbÞ'l -2J¿ cß~. M . - \ Q'\JJOI1\èij_ W~~~ r~w:<-4----f-d. ~ ~ ~ 0 ~ '-J.' j/. ~ . ' . ? /'. / ,~~. ¿ ~~ ¡ ,7 ~ ~~~~~..~. ~~. . ~ . CJr . 5" ¡¿.~ ~-t" 1:;t!:; œ~iX ;;J/úv/1-ÚP4--c9~ / g~ ~cA \~ J q: l ~ÙJù'v\j--\~0:\~~ ~ I ( · .-....--.....--- Reguarding Petition No. CU-97-15~ 13A 3 / We, the undersigned, are opposed to the request by the Seventh Day Adventist Church requestin9 Conditional Use "2" of the "RSF-1" zoning district for a church and related uses for property located at 17 Caribbean Rd. 4/ elf/< 16f3M,(J ¡Qò L¡J ~·I b~ R~ :3 RrQ It/? 1~ -,.--.-....."".~'-"> ",-""~"",."_."","_..",-¡---"..,._.,,,........_..,,..,--~"-,.-,....---~--"_..... We, the undersigned, are opposed to the request by the Seventh Day Adventist Church requestin9 Conditional Use "2" of the 1 3 A "RSF-1" zoning district for a church and related uses for property located at 17 Caribbean Rd. tJ ~ <... AJ!.r~ss 3 - 7$ 8ad ~ ,1_ ?> 62.~r 4o./~ ,R;? '7VI' ~ /Jk£ ¿7 '1-8 //œ-/¿ #¿,d, . I 3 ~ Centu- 6+ t;;, C) C ¿¡ ð J-~ ð~ J" ~ð".e. , ð{i.J ~ rp~ .__,,-, ...-r~~....",,----~_.. __'"""9.....~...____ -~...._.--~- - ~ ~--~._~- Reguarding Petition No. CU-97-1S; We, the undersigned, are opposed to the request by the Seventh Day Adventist Church requesting Conditional Use "2" of the "RSF-1" zoning district for a church and related uses for property located at 17 Caribbean Rd. '\ ~.w~~....·-- --..-.--....- ~ 13A 3 f /".;. :z Reguarding Petition No. CU-97-1S¡ 13A 3.1 We, the undersigned, are opposed to the request by the Seventh Day Adventist Church requesting Conditional Use "2" of the "RSF-1" zoning district for a church and related uses for property located at 17 Caribbean Rd. 1..1 ~ ~ AJ,.J..yc.ss , ~ 'Ytu//' ~aM- ~ ~ \ A ' } R .J ) 7 6 (/UL¡.j~J.-'1 .8/¿ )/~. -1ø( v ,,/ I~& _~&_ J?~ .j( \ ~ 'ò c..&~ \~ ~CI." ~ n. ~'M n\ð I L ~ '\. C.o.fugß~ ~..:w...,p \:?\~6~ Iff {'~/AAA. ~ ~~4./~) d. r e ¡~~ / I' If (/ :5"0 C~u ~+. '. , ? ~,.....,-.-.\--_.......~------."'---- ........ ---- .- --._--_. -- ._---- Reguarding Petition No. CU-97-15; l.3A 3 I We, the undersigned, are opposed to the request by the Seventh Day Adventist Church requesting Conditional Use "2" of the ItRSF-1" zoning district for a church and related uses for property located at 17 Caribbean Rd. ~)!9~ It{ ~ [;)..,.. ~ 3'¡fo'i ~'1t-~~t$' ~ ¡I. //~ 1& Úv7" J.ha/11 Ifc! iJo..¡;/v; &/OF Sï '/ - 3() 710 6/~ :;"77-761(, Reguarding Petition No. CU-97-1S~ 13A are opposed to the request by the Seventh requesting Conditional Use "2" of the and related uses for 3 · ,hkn'/ '\ -~-- ,..........~:-_ ......-;0'_._....._.. .- -----_.~---_.---~. - Reguarding Petition No. CU-97-1SJ We, the undersigned, are opposed to the request by the Sf!venth 1 3 A 3 ' Day Adventist Church requesting Conditional Use "2" of the "RSF-1" zoning district for a church and related uses for property located at 11 Caribbean Rd. d~~,~~ Lð~ /:~~:~ a.~ . J7u.ð~ ;!4r 27 ~'Ir""-r S+· I live . 1\1 CP-m e... --.Å cLdre. 65 --:Ph bfle... iF I.k# Idv-- -tj;;7td"f ~ 597-?ß;:LJ 13A 3 ¡ z. 3. 4, 5. ~. /. ð'. g 10. 3 16A 1 IRREVOCABLB STANDBY LETTER OP CREDIT NO. 07-97-0130 First National Bank of Naples (hereinafter -Issuer-) 900 Goodlette Road North Naples, Florida 34102 PLACE AND DATE OP ISSUE: 900 Goodlette Road North, Naples, Plorida July 23, 1997 ISSUER: PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until July 23, 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 writinq by reqistered mail that the Issuer elects not to so renew this Credit. APPLICANT: Coast Conmunities COrporation (hereinafter -Applicant-) 2666 Airport Road Naples, Florida 34104 BENEFICIARY: The Board of COunty COmmissioners, COllier COunty, Florida (hereinafter "Beneficiary"), COllier COunty Courthouse -Complex, Naples, Florida 34112. AMOUNT : $6,957.75 (U.S.) up to an aqqreqate 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 BENEPICIARY'S DRAFT (S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEPICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: -Coast COrrrnunities COrporation has failed to construct and/or maintain the improvements associated with that certian plat o~ a subdivision known as Maplewood, Unit 3, or a final inspection satisfactory to Collier County has not been performed prior to the'date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary.- DRAFT ( S ) DRAWN UNDER THIS LETTER OP CREDIT MUST BE MARKED: "Dra!rðl under Pirst National Bank of Naples Credit No. 07-97-0130, dated July 23, 1997." The oriqinal letter of credit and all amendments, if any, must be presented for proper endorsement. ..~ . .;.... .~ , . ., " ~'.i ... ~~ ~~ .! .; , . ~ ~ ~ 1 . . .0 ~ '. 16A 1 This letter of credit sets forth in full the terms of the Issuer's undertaking and such undertakinq shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or aqreement referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or aqreement. Issuer hereby enqaqes with Beneficiary that draft(s) drawn under and in canpllance with the terms of this credit will be duly honored by ISluer if presented within the validity of this credit. This credit is subject to the Onlform CUstOllll!J and Practice for Documentary Credits (1994 Revision) International t!h~r of Ccmnerce Publication No. 500. FIRST RATIORAL BANJt OF NAPLBS By: Dav d H. Schaef Senior Vice Pre ..""'......._.....-:--~ ---.-.._---- -- -.. ---..............~.....-..... · . 16A l' COLtŒRCOUNTVLANDD~O~TCODE CONSTRUCTION AND MAINTAIN£NANC£ AGREEM£NT FOR SUBDMSI0N JMPJlOVEMENTS nus CONSTRUCTION AND~~JIfEMENf P01l SUBDIVISION IMPROVEMENTS entered into 1his.z.t.=. day of _ 1~.2L~oast Camuni ties Corporation hereina1\.er referred to as Dcve10pcr IDd the of nty Commissloaa oC Comer Couaty. F10rida hereinafter referTtd to as the "Bovd". R.ECITALS A. Developer has simu1taDeousJy witb. me delivery of this Acrecmm, applied for the appToval by the Bovd of & certain p1M of a subdMsioD to be known as: MAPIJ:1oOD UNIT 3 B. Division 3.2 of 1110 Comer Couftry LaD<! Development Code reqgires the Deve10per 10 post approprilrtc: ¡uataltees for !be conllnlcriœ of rM impro,=CZdS required by Aid subdMsioD regulaúonS-, said guarantees to be iDcorpormd in a boodecI agreement for the consnc:tiœ of the required improvementS. NOW, THEREFORE, in c:onsidcraCiosa of the Core¡oiJl.¡ premises and mutual covenants bereinaftc:r ~t forth, Developer ID the Board do bc:reby c:cmmact me! açee as follows: 1. Dcv~1opcr"'~____Ibt......~....M. has caused all paving and dralnage ~ts to be constructed, ",((bIn ...wd~ r..,... the ca. of oIoyt""....1 ..11 Jabd;.~A. plat. said imp~ bc:rcioaftw rd'emd to as die reqaired iraprOYCmCDtS. 2. Dcvc10per hcn:w~ fICadcø bs sab<SMsioa pcrf~ JlØCUrity (anxhed hereto as Exhibit -A" and by tefeíllllCl made aplltbereof) in &he amOQDt oU 6.957.75 ",bleb IJDOUØt lepls$eÑS 10"'"' of'lbe total contrac:;t ~ to complete c:0DSUuCti0a plus 100% of 1M cåa1e COlt of to complete the reqajred improvements at cbe dale of this Agreemmt. 3. In tho ovaat of dt&u1t by !be DneJoper « taibve of the De¥e!oper to comp1cb: such improvanCl1lJ wiCbln the rime required by me Lad Dew1opmcot code. Comer County mIt'J caU upon &he subd.i'vWon perf'ormaoce security to ÍDSUre sarisfactory compbtiœ of the required ImJll'O"cments. 4. The reqairccI iøtprowmmt'l sbaJ1 DOt be CClGSidere4 compldc vetil a SUlemcDt of ~ compktioa by Developer·. 0D&JMer a1oD& _idt tM (mal project records have beeD fumishcc1 to be miewcd mcI ......u..-Ñ by Ihc Development Services Diteaor for compIfmce with !be CoWer County laDe! Dc:wlopment Code. 5. The DcvelopmeDt ScrY1ces DIrector shat1. wisb1n sixty (60) days or receipt of the $tatm1caC of sabItøtiaI completion. ciIber: a) ftCICify die o.veJoper iD writinl of his prelimJDary IIpFOVIJ of1be Improvcmentr. or b) øotify 1hc Developer iø. wridac of his rctusal to 1Ipp'OY' bprowmeots. ItIcrcwi1h s.pecify1ns those ccndirioas which the DCY'OJøpcr IINSt famish ill Older to obWn the Direc:tor·s ~ of the impnmmems. HowÞ'CI'. in no eveDt sbaI1 the development Services DIm:tor ~ Stapp. 1'10,1 1.DCA;12 ~--- 16A 1" APPENDCX A· STANDARD LEGAL DOCUMENTS preliminary approvAl of the improvements if they are iø M construt1ed and submitted Cor approval Ú1 accordance w;th the requirements of this Agreement. 6. Tbe Developer shall maintain all required improvemen1S for a minimwn period of one year after pcclimbwy ~1 by tho Dcve\opment Strvices Director. A fteso the ODe year m.¡"fÞl'~ period by tM Developer has tmrlinated. the Deve10per shall pedtion the DewlopmeDt Services Director to Inspect tho required bnprovemems. the Deve1opmeol Setvlces Director or his desl¡nee sbaJ1 btspect \be Improvements and, if found to be stiU In compllUl~ with the Com. County Land Deve10pmmt Code as reflected by fanal approval by the Board, the Board shaU release the remaining 10-1. of tho subdJvlsiol1 performance SCt'IIrity. The Dcvcloper·s responsibi1ity for maintenance of the reqaired improvements sbaU continue unless or until the Board acceptS ma!nœnance respoasibillty few and by the County. 7. Six (6) moaths after the execution or this ~eement and ODce within nery silC (6) monlhs therufter the Developer may request the DcvcJopmeøt Services DiTcctor to reduce the doU. ao'Iount of the subdivision perfOl1lW:lCO security on the basis of work c:omplele. 2&c:h requut for a recÑctlon In the dollar amount of the subdivision performance s«urity shalJ be accompllJlied by a ~at substantial completion by the Developcr·s cnPtee!' togethG' with the project records necessary for rmew by the DcYClopmeDt Services Director. The Development Services Director may ¡rant the request for a reductiOft in the amount orthe subdivision pcrfonnance security for the improvements comptctod as orlbe date of the request. I. In Ibe event the Developer shall fail or neglect to tuJ1iD its obligations under tbJs Agreement, upon centfic:ation of such failure. 1be County AdmiDistmor may can upon !he subdivision pcrtormacce security to sec:ure satisCKtory completion. repair and mai:nteoanU of the required improvements. Tho Boerd sbaIJ bave the ri&ht to ~ tod maJDtaln or cause 10 be ~ or maiotaiDcd. pursuant 10 public: cdvcrtisemcnt ad receipt and .w:.c..~" of bids. the improvements requiml bent. The Developer. u priDdpal und« rhc subdivision pcñormanC41 secarity shaJ1 be liable 10 pay IDd 10 iDcIcmnffy Ibe Bø.rd, upon . conapleûoa of sad1 eOMtructioD. the final lOCal cosC 10 the Boatd thereof'. includiq. but DOt limited to, ~ lepl and contingent cost, to.cetber wfth I1J'y damages. either direct or consequentia1, which the Board may IUSlaÍd oa lCCoant of'tho w1ure of the Developer to tu1fiD all of the provisions of this Apeemeat. 9. An of the ICI'tJI.S. covenants and COt1dit1ons bm:in coataJned are and shaU be biDdin¡ upon the Developer and tJw respeaive successors aad assigns of the Developer. IN WITNESS WHEREOF, the Bo8rd 1I1c11he ~Iop« ba~ ~¡recmcnt to be cxec:u1Ql by their duly authoriZJed representatives this ¿.I day of 19.:L¡. /' Supp. No.1 ...."....,....._"',.w ~........-... --~ COLLIER. COt.1NTY UND DBV£t.OPMENT CODE LDCA:12 - -----.---'.- ,--- " . STGNED, ~ AND DELtvE:RED IN e:~ PriD~e -. ~~ , (l7a.-r+k~ -J: k;"rðní) ~~~~Tl!:",N&I?'e~. . .. ~ 1/," '\. .,' ..A1TES1':.' ", 'c . . ,,'./, . ,. . -. '" "'1'...... ; /:QwIÒ . pIt 'CLERK ). '.¡~;:~ . -~ k,; .' :. :Þ;' :'H'J '\~.:"1.': ~ ' ~ .,-...,.,.;¡¡",. '// / ~ -\ . 'C~k tc ~~'') ./'.. .,... ,/1 - ,,", ' . "- "'1'[r(11~-:- .. County Attorney $capp, No.1 Td1e BO.uD OF COUN1Y COMMISSIONERS OF ca=a~ 8y.'_~-_ VW LDCA:12 _."........_.~ 16A 1" I 6 A 2" BOND NO. 15..001-339 PERFORMANCE BOND Know all men by these presents that LEVm AT HUNTINGTON LAKES, INC. 7777 Glades Road, Boca Raton, Florida 33434 (hereinafter referred to as "Owner") and LIBERTY MUTUAL INSURANCE COMPANY, 1211 Avenue of Americas, New York, New York 10036 (hereinafter referred to as "Surety1 are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County) in the total aggregate sum of One Hundred Nine Thousand Four Hundred Seventy and 571100 Dollars ($109,470.57) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. I The Condition of this obligation is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Huntington Lakes - Phase Three and that certain subdivision shall include specific improvements, including paving, sanitary collections system, potable water drainage system (excluding lakes and earthwork), which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). Now, Therefore, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. Provided, further, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. Provide further, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this bond, or other documents shall include any alteration, addition or modification of any character whatsoever. ""...,.,,"...- 16A 2" In wftne81 whereof, the partf.. hereto have caused this Performance Bond to be executed this 10th day of April, 1897. _""tt",,~ LeVITT AT HUNTINGTON LAKES, INC. ~~~~~~~ li:.y~- ~..~, .:s;;: SEAL ~_: ¡~\ 1~J' ~ arbara Gurlc ælu~ . thl.." 't.1 II COUNTERSIGNED: ¿--~ By: Harry T. Sleek, Sr. VIce President UBERTY MlmJAL INSURANCE COMPANY ~ø ,.. . FRED lCUOLSOB, ATr01UŒ'f-IH-PACT BY~JK:M þJ. If ~~ P JOSE~H K. PIETRANGELO RESIDENT AGENT - STATE OP FLOllmA --...<...-- , , I I I I ¡ '= 1. I~ 1'1:J . I~¡ ¡.at: I=! I '2 II I ~ ij¡ I(,)Cþ -:::I ~Ïi I!~ .!!~ ~'1:J c::- !f -~.. IN WITNESS WHEREOF. this instrument has been subscribed by ita authorized officer and the corporate seal of the said Uberty Mutuallnsuranc:e S 0 Company has been affixed thereto in Plymouth Meeting. Pennsylvania this 16th day of September , 19 96 . OC1 ':~ &iii II! DIG! 1::- oC:: e-:. .. C1 COMMONWEALTH OF PENNSYLVANIA oS ë COUNTY OF MONTGOMERY ;g ~ On this 16th day of September, A.D. 19~ before me. a Notary Public, ~fI,Or\8/ly came the Individual. known to ~ i me 10 be the therein desc ' , ual and officer of Uberty Mutua/Insurance Company who execuled the preceding Instrument, and he acknowled- - t: ged that he execute~riie a~ the seal affIXed to the said preceding InstnJment lithe corporate seal of said company; and that said corporate ~ B seal and his slgnatu " .~(-1 as duly affixed and subscribed to the said Instrument by authority and dlrec1lon of the said company. IN TESTlMO J oJ R~~F, I h!l set. my ha~~_:~~ :,~1ficIa seal at ~1Ing. rø~ar first above written. * * l )""'_I''''lrll1''''''''''''''~'' '~ 4- -<)~:é! ',11' '" r"..I.::1o··P", t""t;. 'r:""Ny Notary PIÆIIIc A. "'SYI'I"~ r. r:, .,.' ',,~.,I·I....,I"'-'-':!!Ii. T '. ..'Or >oJ ---------c!RTIRCA E OJ: 0- I. the undersign, t retary of Uberty Mutual Insurance Company, do hereby certify that the original power of anomay of which the foregoing is a full, true and copy. Is in fun force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of a"omey was one of the officers specially aulhortzed by the chairman or the president to appoint any attomay-in-fact as provided In Article XVI, Section 5 of the By·laws 01 Uberty Mutual Insurance Company, This cdrtificate may be signed by facsimile under and by euthority of the foltowlng vote 01 the board of directors of Uberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March. 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of at10mey issued by the company. shall be valid and binding upon the company with the I18me force and effect as though manually affixed, IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed !toe corporate seal of the said company, this 10th Aprtl ,19 97 , ~:/.:. +'.l:!Æ<-L- ~.~'~j~l , lant ~ THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH A;ï;;cE E AFTER September 16 THIS POWER OF ATTORNEY IS NOT V AUO UNlESS IT IS PRINTED ON ReO BACKGROUND. 320513 This Power of Attorney IImlta the IICt of thoM named herein, and they have no IIUthor1ty to bind the Company .xceplln the manner and to the extent herein stated. UBERTY MUTUAL INSURANCe COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY 16A 2 KNOW ALL PERSONS BY THESE PRESENTS: That Uberty Mutual Insurance Company (the 'Company'), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, ANTHONY J. ROMANO, ELEANOR DOUDERA, THOMAS BEAN, GERARD MACHOLZ, FRED NICHOLSON, ALL OF THE CITY OF UNIONDALE, STATE OF NEW YORK ...................................... ........................................................................................................... ........................................................................................................... .................................... ... ..... ...... ........... ..... ..... .................. ..... ...... ....... ........................................................................................................... . each individually if there be more than one named. ita true and lawful attorney-In-fact to make, execute. ..... ec:MowIedge and cIeIIYer. for IInd on .. behalf as surely and as its act and deed. any and .. undertakings. bonds. recognizances and Other surety obligations In the penal eum not exceeding ~~~r==~~~;·;;~;~~·.·~Âbe ~·t;ndI"'l ~u:.R~p~~~~'~):~ g: ø:=::, au:: ~ the secretary or the Company in !heir own proper ~rsona. That this power ;s made and executed pJrsuant \0 and by authority 01 the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surely Bonds and Undertakings. Any officer or other otficial 01 the company authorized for thai purpose In wrttlng by the chairman or the president. and ~ to such limitations as !he chairman or the presidenl may prescribe. shall appoint such attorneys-In-fact, as may be necessary to act In behalf of the company to make, execute, seal. acknowledge and deliver as surety any and an undertakings, bonds, recogniZane:es and Other surety obligations, Such aMorneys·in·faC1, subject fo the limitations set forth In their respective powers of anorney, ahan have full power \0 bind the company by their signature and execution of any such instruments and to attach thereto the seal of the COIT'.peny. When so execuled such instruments shall be as binding as if signed by the president and attested by the secretary, By the rollowing instrument Ihe chairman or lhe president has authorized the offICeI' or other official named therein \0 appoint attorneys-In-fact: Pursuant to Article XVI, Section 5 of ¡he By-laws. Assistant Secretary Gamet W. Enlotl is hereby authorized to appoint such anomeys-in-fact as may be necessary to act in behalf 01 !he company to make. execute, seal, acknowtedge and deliver as surety any end an undertakings. bonds, recognizances and other surely obligations, That Ihe By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. -. LIBERTY MUTUAL INSURANCE COMPANY By ~d- tJ. 'aL:.::t6 Garnel W. Elho", Assistanl Secretary 55 day 01 88 ,11 -;,.,- ,- I U 16A 2 Corp. Ack. STATE OF COUNTY OF NEW YORK NASSAU } IL: On thiL.............._...IQ.J;.h.,.........._,... day of__.,_~.P..~J~......._....,., ........ ..... ... .....19..97.. before me penonaJly aIDe FRED NICHOLSON .--......-....-...---..........-..........-..---...----. ..-.-..-...-.---.....-.--. --.--.--- -'.--.- ...--'. ---.- - ----- to me known, who, bein¡r by me duly sworn, did depose and laY: that be resides in._J~~SS~~Lçg~,_ MY ... '-....-.'..-'.--.."-....-..-...-................-....-.........-,-..___that he is the__... ATTORJIE'f-IJI-FACT '_____.._,_..._ of the...._._.~!~~~.TI...~~...!~S~CE COMPANY .-...-........-...-..--the corpo.tation described in and which executed the above instrument: that he knows the aeaJ of said corporation; that the Hal aftb:ed to said instrument is such corporate aeaI: that it W&l1O affixed by order of the Board of Directors of said cor- poration, and that he signed his name thereto by like order. (Seal) Ot-~~ THÐØA .J.1T1JfWAN ...., ~.... of __ y... .... ØfST5043e7' OwItIN..o.-.~ c---. &,Ihe..., a. /~ , . . . :.0.... .' .' .. ~ ----.........- .._......_------~ -,..._".-----""~_--.__. 16A 2 STATE OF FLORIDA COUNTY OF PALM BEACH On this 2th day of September. 1997, before me personally came Harry T Sleek to me known, who, being by me duly sworn, did depose and say; that he resides in Boca Raton Florida that he is the Senior Vice President of the Levitt at Huntington lakes Inc. the corporation described in and which executed the above instrument, that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal, that it was 80 affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. ~""'~/" ~ ~1\HG~q.t1",\ I ,LJ ~{;:~. :p~~ I.u~ ) :::-. SEAL ._~ Notary =>: :z¡ š'1~ 1994 ¡PI fICIA \ -.. r· i ·BARBARA CURlCO ~~ ..f.tÇ>R~\Qt-... J NOrARY I'UJUC STATE OF FtORIDA ¡t,,~ COMMISISION NO. CC357284 '" MY COMMISSION F.XI' APR. 30,1998 "."-",,,,~.,~..,-,--,.",_..,>... - 16A 2 CONSTRUCT10N AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~dy of f' +- k 1997 /~ between LEVITT AT HUNTINGTON LAKES, INC., a Florida corporation hereafter 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 known as Huntington Lakes Unit Three. 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 to hereby covenant and agree as follows: 1 , Developer will cause to be constructed: Paving roads, sanitary collection system, potable water drainage system excluding lake. earth work within 12 months from the date of approval said subdivision plat. said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit -A· and by reference made a part hereof) in the amount of $109,470.57 the estimate cost of to complete the required improvements at the date of this Agreement. ,..,_."_..........._---,.,.,-- 16A 2 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4, The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been fumished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements, However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6, The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his 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. -.,.-.--- 16A 21 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may require 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. 8, In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this d Agreement to be executed by their duly authorized representatives this tlJ day ~1997. -".."",," ..,~.....,".,--~-~~--,~.."- · .. - SIGNED SEALED AND DELIVERED IN THE- RESENCE OF: r. Kathleen Maxwell Printed or Typed Name "- ~ìCøJ~~ Mary Elle~~abriele Printed or Tý'p~~ Name ~."" . ' ~.~ ~ \-ºr~S'¿ ",>~'Y' '. . ...;.':.... g~G~T~€tßLOCK. CLERK ": ; .: =-- ..:\:.;~:~~-_:; ,~~' " r-; . ,~'.~"":~- .r"" . 'r~ ~ ... '. . í4t v:. ' '. ' .' , ................,i"" ~,. éPut{~I~ '. . r ". ",," ":" "" ' I, .'....., ~ '\ '" ~ I, . , I). ' . _. Appròved ås to form and legal sufficiency: 7'¡;-' 9/~.3/'/ _~L d{ J Aý1~ {7j- David C. Wei~1 Collier County Attorney 16A LEVITT AT HUNTINGTO~~Ï.Z~ "" !~,"~~~OR4~... ';.~ ~ it::: SEAL ':.~\ BY'. =>: :zi ¡':j~ 1994 :Pi i ~ : E ~ ... & ~ ... $ Harty T. Sleek ~.Î. ·....OR\~.·· ,I Printed or Typed Name """,,,,,,,,.,,,,,/' Sr. Vice President Trtle BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:Þ~/¿/ Chairman ---"---.. ... 16A . . COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS TInS CONSTRUCTION AND ~CEAG~ SUBDMSlON IMPROVEMENTS entered into this dß day of 1922.. between Pelican Strand Ltd., a Florida Umited Partuenhlp h6ê' fter referred to as "Developer," ILOd the Board of County Commissionen of Collier County, Florida, hereinafter referred to as the "Board", RECITALS: A. Developer has. simultaneously wirh the delivery of this Agreement. applied for the approval by the Board of a ceruin plat of a subdivision to be known as Pelican Strand Replat-I B. 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: I. Developer will cause to be constructed the Required Improvements within 12 months fi'om the date of approval said subdivision plat, said infrastructure (water, sewer, drainage and roadway) improvements hereinafter referred to as the Required Improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a pan ofhereoO in the amount of S 1,%16,078.88 which represents 10% of the total contract cost of completed construction plus 100% of the estimated costs to complete ll'le Required Improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall. within sixty (60) days of receipt of the statement of substantial completion. either: a) notifÿ the Developer in writing of his preliminary approval of 41 · . 16A the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to still be in compliance with the Collier County Land Development Code as reflected by final approval by the Board. the Board shall release the remaining 10010 of the subdivision perfonnance security. The Developer's TCSpomibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision perfonnance security on the basis of work. complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfiU its obligations under this Agreement. upon certification of such failure, the County Administrator may call upon the subdivision perfonnance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision perfonnance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereo~ 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 AgreemenL 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. [N WIn.:ESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of ,19 _ 2 4 1 · 16A 41 .. .. . SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Pelican Strand Ltd., a Florida Limited partnership ~wv1jj:æ , Itncs ~~ ADn l/er\)'1k nnt e) ~~ArV C. OMifE Witness ß(lYAJJ c. Ap.#i1'r (Print name) By: Pelican Strand Development Corporation, its 7'"1 P¿ " By: ~~ / Ro Paul Hardy, V ice President I .~:;< :.{ : :.~{'iÜs4t ~~,. BOARD OF COUNTY COMMISSIONERS .:-' ....~gh1 'E{ .B~. Glerk OF COLLIER COUNTY, FLORIDA ::' .:,. t,·. . ,~~ il ~~~1J/ _/ ~ :.~r<;.~-:" .' ,;.' / C'. ~ . X/l/LtI#" '.~ 0. ~þroved ~ tr"',:J/J~ ;pd.le sufficiency , ~s L 1ïmothy k, Chainnan ',0, .....,.. ~~' " 77;; '~)' : J ¿{ rk~:-- AssistàrtW:öunty Attorney -"",II. Hunhngton Binks .....'r.... .1. ~,,~ II ~. H.M\J~ rtllex 24ðo4J76 ~niMjC~I;JI' W~t.~~: ,'" ¡~~¡mJ ø.g~p~~~\~ ;. ",¿~~" .', . '.' ~1'~h~ll~~~~¥~~~¡ , , ' , '~': '..,~ '.;' 1 #"<'~~tt ,]~~> .' ... ' 11(~hfß~j:.liur.~in gton Ih t!onð 1 'hnk ,,' , ) ~ø h;;~t;' " , U!,:,,·~~t:érnðt1onal OperðtiO"~":,i:" '¡~~,' .;:~ 1 UI~~~f~s~u,t.h.W19h Strut "}' ;~:'," ",)IJ~ ,.;~;' St!lii~~l..\;I~~~~U,~H'43216> '.>,>;. ,'.... ,"r~~ '; 'I' I fir¡ ~ i\ ~.~ " . "~ . ~ . I ~ . t -. ,. i· . ~ Q ,Ii. ~ h J \0" r. " ¡' ~ ~. A"', . ; . . \ ,/ '.).J 1! 1 , ¡, I ' . . I' f ~ . ~ ~ h ~ r-; i: ;' ~"': " ~ .~ .. ~ F: ~ · ~ ~ :J ! ~ '. ~ ~".,...:. ' !~II~ðtffirï;~~;.~;H''"'~~Y!,~~:M~ril1{¡fti;t~1Ir,¡r'\~r~~~. D,~~!d August 29. 1997 mm4 ~¡í~: '1' ~ þ~~ ~ E·x,P..l ~ y:~; ~,H.u,n ~ i~.~ tÞ}j .~'fiJ.j~D~t,~ r:1 k -.~ ~go iurn~ ~,'. :, ph 10 43215 drf ~~I'~'Jt" ": ,*", ,.¡ -':' ,~~ ~Un~~!p'~i: ,~..... OJ tc" H"" ~- ' .- ~ J ,Q* ~~:~;EfPl~Y':"' ~~~ü~~t':r~~'~';~'~i\i~f'- dYJtl1d uñtl1 Auguet-29, 1998; ~ II~Ð~È.h;r-¡,~. thereðf~'~ btt>'lIt:~nI~~.ttial'1;y, reneued 'for 8uccuslve U~~ ~~!Ð_r.'.·p.e,do'~~'~tf·tþdJ~.~HJ:ÿ~~:di-,y~of its hsu.'unlese at least ~i!Jmld~ .~1~¡(6Ø)! '~aY8 .pt 10 /' I to ~ .rIt~ $UcH' 'Iu1l'1iversð ry date. ..... not! fy the 1r.. ~. {\...)j,f~,r;1àry '1n Yr1tlM9 by: r..g$.~~!t·Qd!mail that ue elect not to 80 !t 'II~ W· d.~nJ:hh::Le~t.t 0.1 .!=r.~d"'~~t¡i~~í~~j',; , J II ~ ".,;11). ,,'. ,"f' ..,.h,~.~",.,.~.,,,.; /', tm ~ . "~~;;tit:: 'PHICð~~S~r.~~~¡~~{~d'.:;~a1lF.10r1dð limited partnel'shlp. , ,AI~ ;',,1~~lrpdrt:' ~lJll.~.ng .'t~d~~J4'H,n'¡1i;~·4189.> , 1Inl~~:,~!; ~':;l~"y ~ : The : B'O~~ ;~:~:~~:~~~'~'t;:~ c~mmissi one r s. C 0111 ere oun ty. (II :F-lbi.,fdh. ~.(he,.einlJlft.el'" I IB~nø.111.Clary' I) c/o Office of the County ~ ,~,I.~~)§~rt:.~,. collier~ c.o~nt{',c~,~r:~r,~~.~.~ 'Çomplex. Uaples, Florida. 1IätJ~~p.·~~~::-'hUSO 1.216.078.8,8 (One "11 11 on Tuo Hundred S h teen Thousand J,tll"'~'M~ n. ~Y;.,,:Ei9ht· Dollar.: ~:~~~.;F..1gh.tY: Eight cents) 1n the aggregate ~ ~bJt~éo.~~i;": '. '.~...':1.<:. ~ 'UJH~~~~~,~:'" ;" ':":>:~",:, .~:: fi!htd~~'d..f~r~".aihbl'. W. ith:,.HU. ht:l?9,t. 0".. ~Nat..~.,onal Bank, 41 South High .rtí~ 2¡ þt..e. ~,,5"C 0 l.umbus ., .o}1~ 0,: .'~. a~'-5; ;,.:; ~ ','. '1; a \ , !11I~:if~~~~~;.:'~;;·'~9a~~~t d~,~'~~:~~~f:'~~~:'ll~~ herein and Beneficiary's 1_,~:~ørøJt~~Í;í~ ~~ sight,d rðtJn' 0_"' ~~. .~H~~!..n..~~~,~, N."tiona.l. ~.ðnk. . ~hjØ::D~'~IU,T~t~itl tequlr.d:, Ben~flc1ary. statement purportedly signed by ~I·I~#Þ. ~.~~.c:óJ(.n ty? ./'(~M!g Ir( ..C"':~.'~ f.,f. ;1:1]9' ~hat: I I Pel iean S trend, L td.. " r ~1~,dda~~l1m! ted ':þ,,'r t:ner.sij;s.pfhøtf'faUtd 'to construct and 0 r fw.~~~~rta:l,O::th.' imprC?Y.l1Ien~.~iA~ioo.hted;w1 th th"t certaln' plðt of a i t.ubdtV~.lon known·ðs'Pelt~.n'~t~and re-plat 1-B or a f~nal 4 I; H~FP~é~ion 'utishctory ::t~.'Collh":'County has not bun' performed Hllt!p~;)i~ r~ \t,o, Hh. . d ð t~ ~ è,f: exp~ toy,;' j and? 'sa t1sf ac to ry a 1 te r noli t 1 ve 1 1>(ent:~~!'~.aoce'i.ecuritY .hð$,~"!-O,~tI'~;,~~n!'p,.,ovjded to and formally 'm 'r:A.~Ptad"bY -the ~Ben.f1cJ.'J~>!..¡ I; ''I'''; '.' , !J.JI' ~.l~jS.~ 'f'. ,,,,' -~~,,~,t~~~'r;~;~",H(:- ' ! 1i!.Q ;~t1¡[;~iira<Jn~;.und8~~thl'~~4t~ir'):'~·1. 'Credit must be mar-ked t 'Ora'",," a'lm~~~~.;:r;,t1lit'~~~ti'~~ tbt1~ M;~HM~~:'~~~~\ ~~tttr of C redi t Ho. 107093. f &c! ~.4" ~.4.~!J~>~ ': 2,9\., . 19~%tt " t>..n~ H oí ~ ~ '~t., , F ~.. d 1i'!2 ~ ~ H' ,1 ~ - ¡ ( ",' . ,~. q:" ~ .~ f ¡. " ~ ,~,',' .' l~ii~i~,e"origlnal,lettQr ~t'Cre.~1t' and, .all amendments. 11 any. must be ,'e~ .~Rr,f!.serted, fo r p rope r 'endprøemen,tOt'" ~ r: : F, ". ( !' ... : '.:'. ., . .' ... ..,... ~ : ~ ~ ~'~I-: I ~.,¡: ..;- ' .' ';.' . ':...¡' , , . ... ~, .' . \ ; . It ('.; " 11,.'1 " ~.. ~"" '.' "'A~ ." J;.. \ -1 '.... . ,'f I' t ..' .. , '.1 . 1~:1',~..~J;~I'..' ~ '," . . lõ.~" .~'"i ::; 16A ""_~_M'_'~~_''''''''':OO'_'-~- - --,- - 4 ) I . t Po' '¡.l"· r. ',~ , ',.' ..' I, .. ,~!f.,t,~)I¡;h':;·'J¡'; ~'. ':~" ,~:.~~,<; ~:'..:>~~~(,.,..";:.~~ " ,r" ,llIæl 16A 'IHm~'~'~rt! (, " .'~. .;' ~,~~~~~..~t.~:r~a~'!"fh: ~ "~"':"" ! I J .8.W.LH.~~,,·, Á~", ;í: - ~~!¡,1..::';"~~~r'.e:, 6r';:.-~r. I" ;)':' ; 1 'I" ,~:~pð~.7~t,:,·' ::".~.'!, ·,:JU.J~Cll:', ~·.IU·ð ;"~~>,~! : HUßhngtoß IJII ~jllí1JJi"I.~~'1':f:" "'.f: . .·~l~~hUJi}'I~~~~H~,~ ~µ~:. ',~": ~"~þ.~~ Bånks II iii r~J!Ut1 ' ~ ' ~~;;1."l;¡¡r~~ n~rh~ ,I : I li!1llJ~IIW!lJ~~~~:';,· Hi i";ì\ ;;":W!~~J'I~~îìri~~it~:', ">.";'" :~ ~~,'. ': Jí·lillmt~J.~kc,~~~~~~r ~;:~;~¡:~iUli1!i!I~SI~j11'I·i·~t-<~~>:r.J ~..' ~r' ,'. . il!JlíIPdÜi):~ I ~~~~! <'! ~~I¡¡llqd!r.Iu'tí !,. ¡¡ t; ì;; ¡;: W¡~1. ~ );'. , riIIlltii1!II1I1I'ltlrifiitillt~II~ltitlll!fÍ'!I\!¡~~1'ii~;!t(i'~!¡"!1~ 11í!Jj~.lt~R~'it~~ ,~~ r:~db ~~}¡.-Jlrni~~f '\~~~~ ~ '~~; ~~~ i'G11 3'; )"D~ted ',August 29., 1997 m!I'ffilliljJUf!í11rfljllí!l. tfn1ft~11'1~ ~:~;y¡ p~¡ 1ii\}i!~ 1¡¡HI' . i ~JII n~, H~)~~~~~~fV,~~n~A~I~f: ~fr id~1"'" "~;'- "~¡::" ;', . . . ", .' fí!æ J ' ~tflì!f~~~~i!~i.,.~t~~j,t~1J'~~d~.yl~t:~e":ter."'."Of"n,.-" h' -- .- -- - .. II 't' O~~ldi}.dnls.}:::B~:~Jm ~lf*'tt~k;~~b' ånd such undertaking .hall 'm f ~ At~~!tfi.ij!lliódi~~f J '~~1a.JH~bt:'ampUf1ed: by"teference to ~I~ J~r: trm:~~~~~t~}JII~~ I~~;t~~r~~~:~;it:~:~. ;:f~~:~~~ ~~a~~ Hlfj!IH~fMHi9~~~h~f~: ,1:0 ~~.r100t-P4.''I~ ID~~.},!t~~y.;.t.~f,.ren.ce any docum'lnt. ~.n~~~";o r'" tI c;¡ ¡J ~eJl'l' t1~¡;..~ ';1 U R:.5 ,I ~ ~.' , ' ! I. i t ~ ~ ~ ~ $ f ~ , ' ,', 1,,, ,~ r, ; ~i ~ I , 1 ,~~ § ., ~ 6 ¡ ¡ ~ ~ ~ ~ í : ;':: ' , ' , dgIN¡JJjÜ'~l1'.Ytengág.:' \.J11:h~~~t}.,~perui:fJfiJ!h> :1:hat 'draft (.) dra"," unde r Iffi' urlf.-~r~~lt\~" "Øll1pl hnc,'~ wl:th;r:th~itït"M (P1' ;thi. 'C.-ed1 t 1./111 be duly HlliJ&{ '1f '(ib)-~;ù,: '1'f.~pr.~.hti,tl,i~1~h1nr.!t~.~ ~~lidlty of this Credit. ~ 1'''''' ~~;,,~, '~";, ' 1)11~,~~t;""iU-- ,~" , 1m t~ ¡ .,;ot~~~~h.r.,"!is~:,~)("p\~Î$s:.l~~'~tàrt~d~thh Letter 01' Credit is i ~jl'L J'~~~b: ·the"~n~1'or~J~Ún:om8 'ðÍ1~, 'Practice for Oocumentery 1 fil ðf_4t!;Uir.1~<9,~ ~ R8:-!1.1.~n.. an~~r~a1:1on~1'1 Chambe r, of Commeroe HIIH~~~~I.~~~10" ,:~O.."~500 ·(t~4a~r,U~lfOt"'::ClJctomB I). Thi. Letter of t.~At:e.I,.hðll, be 'de.m.d to', ,b., made und.r the h",s 01' the State of Jm Ø~;.t.d i9!~n,d~~·:shðl'1., a';; t<1, :mft!~ttr~~libt .gov.rned by the Un! fo rm ..fU~~~b~~~~b~: ~ 90:V~ rnod "by~~;rr,~Hfn~~r~~,c;f~~~de,. the 1 ð",. of the Stoll te . 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". ; I1iI IrdUm~U~'¡j,;n~h'~~lm IYil ij¡1 !n~~ 1'" ~1" r" \, . ~ I ., , . t ~JIIi!JJIIl').hliHh¡:i~!.~II¡J~~11~!IJII~J~I(~~,. .ð~~~'¡Hury;l~,n,g;~o~~: N~~t10na1 Bank ,.. , " il Iii I (6)1 ~'~~JLgI!1~ hp..I~liJ fii~~ ~'!!~ 8firH¡;:i~:' ~:',:! ~- . lma'II!.!I!N!¡¡~ 1H; :1~~li!l!i\'¡¡~N..t~!¡. Wj~; ,.. ~: ~' . '.fj~ ~ ;slJ~h~~~.::':¡ .; ,:i"~ .1~¡.¡·P~~~,~~~r.~~~~r:~~:. '1/ÅÚl/ ~~IUmJI'!~Ö~.i:)~; ~ ~ I':,:~¡~ ~t~;I~hll.it-';f1·1·"i' .~.l; 'of, '·l ,'-u~horlz'd S1gnðture lj·,..·~~~'·-;·'H'·i· , /¡ :', )I~I.-";:,! ~ 'r,·'.J~l ".;, '"i ',' ; j ,~ i J J ,. ¡ ~ ." " J , ' ~ , H' ~ ; ~ : :.¡¡ U " . , f 2 i i' "', ~ t ~ ;.., ' mlll~~lil~Hi;~.~ ;i~~~)HriJ<~'I~;IJþ:5~ht~~F.'~~:,~ '.: '. . ~' !I ¡" ~ . ~ . " ...!~. '. · .. r I' I'" ... t ( f ~ . ~ ." , . of I'" . ,'. . ' ~ 1 ~ I , .. I.' , . , ' , lit! 'ru, ~;f~' t ,.'..,,':~~ }' p'~~,. , ~~. ," t~~~ !,. . ' ! J ~'::)A ~~:~ ,1 '"J,':'~~~f;.?1r!~:~~·. ~)~H."':~ - . s ". , ....... . ~. , ft ¿' .. '(.,r.;,. ,'.., _ ~ fJ Ii ~J I h ~ II C ~ L ~ . l )! .1 .: ~ , t 'j":' ~ ~ ~ ~ "' ~ , ~ ~~ .'i ~ ; ¡. '. (",: . . 1jf~!'fi!~I~f'~.,,~. ",1 t~" ~~~~~u~"tll .....'..... , .._,.......__"', ".,_^ ~M_~___'~ _.,,""',._,-~~,...""',......._..,,"'-;,..---.~ PROJECT: Quail Creek, Outlot B FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (hereinafter referred to as "Agreement") is made and entered into by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX..QFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER·SEWER DISTRICT. (hereinafter referred to as the "Owner"), and QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as the "Purchaser"). WHEREAS, the Owner and the Purchaser have entered into a Purchase and Sate Agreement, dated July 29,1997, for the purchase and sale of the land of the Owner, all of which is more particularly described in said Purchase and Sale Agreement, a copy of which is attached hereto and incorporated herein as Exhibit A:, and WHEREAS, the parties have agreed to modify said Purchase and Sate Agreement to extend the time for closing; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Paragraph 3 of the Purchase and Sale Agreement, dated July 29, 1997, is modified as follows: the closing shall occur within ninety (90) days, commencing September 27, 1997, 2. In all other respects, the Purchase and Sale Agreement, dated July 29, 1997, shall remain in full force and effect. 3. This Agreement is governed and construed in accordance with the laws of the State of Florida. 1 1 _,~ . .,~.".."_""......._ 0' ,_.·~.m'''4 ,.~. "'-' "' 168 l' IN WIJNES:z,~OF, the parties hereto have executed this Agreement on this~ayof L ,1997. ..-/- Dated Project/Acquisition Approved by BCC: AS TO RklfiCttAiffic OWNER: DATE~ ~/ ..?1 / 7~ ? ATTEST: DWIGHT E. BROCK, Clerk \. Ii ~::!J ' . .... ...."..: ,..'.~, 't~ ./ / :... . . ~:·.ßX"':', f~~?'" n' ,/., . ..., ,Deputy Clerk -: . ".. . rJ - . ,r to.} .". " I'~ . ':i...." -;. :', . \~ /' . ..... /1 .... ,~~.~ , , . "'¡ ÁS tò'.,~1~CHASER: DATED:,~~ If )911 ~Æ WITNESS (Signature) I - ..... 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 ....·.1'''11',·'1' .,',' "1, ", . " ,.';'~:',~'; }-.; ~ ~.,,:" Quail Creek Property Owners Association. Inc., 8 Florida not-for-profrt corporation W r, \ i \ r-'·' " By: \ "ß~~J 1 1 Jl\I'~. William J. Flynn, 'p~sident 10915 Bonita Beach'Road, Suite 1101 Bonita Springs. Florida 33923 . '._--~~"'-"'-""~'"""'.'~""'."""~ ...- · "0 168 1 Project: Quail Creek Outlot "B" EXHiBIT Page!. of~. PURCHASE AND SALE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this --::!!::£... day of ~ 19£;2. by and between the BOARD OF COUNTY COMMISSIONERS OF-COLLIER OU " FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX OFFICIO THE OVERNING BOARD OF THE COLLIER COUNTY WATER. SEWER DISTRICT (hereinafter referred to as the "Owner") and QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for.profit corporation (hereinafter referred to as the "Purchaser"). WHEREAS, the Owner desires 10 sell. and Ihe Pu,chaser desires to purchase, certain lands described as: All of Outlot "B" of Quail Creek Unil Two, except the South 60 feet thereof and the East 55 feel thereof, according to the plat thereof, as recorded in Plat Book 13, Pages 74 Ihrough 77, inclusive, of the Public Records of Collier Counly, Florida. (hereinafter referred to as the "Property"), under the lerms ~nd condilions set forth herein; and I WHEREAS, the Owner will retain a Utility Easement over, under, and across Ihe Property, as described in Exhibit "B", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"). NOW THEREFORE. in consideration of these premises, the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1, Owner shall convey the Property 10 Purchaser, via Stalutory Deed, in exchange for the sum of $ 50,000,00 (Fifty Thousand Dollars), U. S, Currency, as full payment for the Property interest transferred, 2. Purchaser shall pay Owner of the Property by Ca~ier's Check. 3, Both Owner and Purchaser agree that time is of the essence in regard to the closing and that, therefore, said closing shall occur within 60 (sixty) days of the last party to execute this Agreement. At closing, Purchaser shall deliver the Cashier's Check to Owner and Owner shall deliver Deed to Purchaser, Possession of the Property shall be delivered to the Purchaser at closing, 4. Owner shall pay its pro-rata share of taxes, assessments, or other term expenses of the Property through the day before closing Any and all costs and expenses incurred by Owner in connection with this transaction (excepting Owner's attorneys' fees), including. without limitation, recording fees, conveyance fees, settlement fees. closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by Purchaser. 5, Purchaser warrants and acknowledges to and agrees with Owner that Purchaser is purchasing the Property in an . As Is· condition and specifically and expressly without any warranties, representations or guarantees, either express or implied. of any kind, nature. or type whatsoever from or on behalf of the Owner, Purchaser acknowledges that Purchaser has made and/or been given an adequate opportunity to make sL:ch legal. factual and other inquiries and investigations as Purchaser deems necessary, desirable or appropriate with respect to ttle Property, 6, Conveyance of the Property. or any interest in the Property, by the Ow'1er is contingent upon no other provisions, conditions, or premises other than those so stated above and this written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein, . " . . , ' . 168 1 Purchase Agreement Page 2 Y' EXHiBiT Page ..:2: of~. 7. Buyer is aware and understands that the ·offer" to purchase represented by this Agreement is subject to acceptance and approval by the Ooard of County Commissioners of Collier County, Florida. í;. 8. Florida. This Agreement is governed and construed in TnC8 ",\'Íth \he 18J'S of the State iN WITNESS WHEREOF, the parties hereto have executed this Purchase Agreement on the day and year first above written, AS TO OWNER: ~a.te5j;,,-7frd7, " ' '.~<'::'."~" ~ ..:..~ /" ,,: >" :-A TIEST: , f !(wight E. Brock, CleriC \~~~. '"" ¿. '~~¿'. O::~~y Clerk ~.... .~ .~, ' " . -' -,.... ~ \.' .." .... '"'''' . AS TO PURCHASER: Dated: 5"-2..9-9;7 G~ Witness e '-rY) ~¿'/;t'-' Witness "7etld a8!0 'orm & I !Sufficiency (W<~4 . C(¡'.inty AI:,)! :úy BOARD OF COUNTY COMMISSIONERS COLLIE OUNTY, FLORID Quail Creek Property Owners Association, Inc,. a Florida not-for-pr:ofit corporation B~ 'II ~I W'O -¡ 11~ ',,~' . T,tle: President \ \ , r- 168 1 ' ÔFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. . PROJECT PARCEL NO. TAX PARCEL NO. SKETCH OF LEGAL DESCRIPTION (NOT A SLLRVEY) '. COMMENCINO AT THE NOR1HEAST CORNER Of TRACT "0" OF THE PLAT THEREOF LONGSHORE LAKES UNIT TWO AS RECORDED IN PLAT BOOK U, PAOES 97-99 OF 11Œ PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT ALSO BEINO THE soc.mœAST CORNER OF SECTION 17 TOWNSHIP 48 SOlITH RANGE 26 EAST; THENCB swrn 19 DEGREES 04 MINlTTES O9ß£CONDS ' WEST ALONG THE SOlTm LINE Of SAID SECTION 17, A DISTANCE ÔF 97.06 FEET TO THE POINT OF BEGINNING; SAID POINT BEING TIlE BEG~G OF A NON-TANGENT CURVE, CONCAVE TO THE SOU"IH, HA VlNQ A RADIUS OF 240.00 FEET, A CENTRAL ANGLE Of 57 DEGREES 06 MINUTES 46 SECONDS, AND A CHORD OF 229,4' FEET BEARINO NORTH., DEGREES" MlNlTTES 54 SECONDS WEST; THENCE WEST ALONO SAID CURVE, A DISTANCE Of 239.23 FEET; 11ŒNCE SOtrTH t9 DEGREES 04 MINtITES 09 SECONDS WEST, A DISTANCE OF 31.64 FEET; .... THENCE NORTIi 20 DEGREES 00 MlNUTES'9 SECON1;IS WEST, A DISTANCE OF 84,66 FEET TO THE SOlmI RIGHT OF WAY UNB OF I'ÓND APPU! DRJVE AS DEPICTED ON THE PLATTHEREQF QUAIL CREEK tn<.T TWO AS RECORDED IN PLAT BOOK 13 PAGES 74-77 OF THE PUBLIC RECORDS Of (.()(.lJER COUNlY, FLORIDA AND THE POINT OF CURVATt.1R8 OF A NON-TANGENT CURVE, CONCAVE TO í1Œ NORTIi, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 2 DEGREES 17 MINllTES 33 SECONDS, AND A CHORD OF 20.00 FEET BEARING SOtrIli 6& DEGREES 50 MINUTES U SECONDS WEST; THENŒ WEST ALONG SAID RJOHT OF WAY LINE AND SAID CURVE, A DISTANCB Of 20.0 I fEET; THENCE LEAVING SAID RJGIIT OF WAY UNE OF POND APPU! DRJVE SOl1rH 20 DEGREES 00 MINlTTES '9 SECONDS EAST, A DISTANCE Of 91.50 FEET; mENCß NORTH 89 DEGREES 04 MINtJI'ES 09 SECONDS EAST, A DISTANCE OF 21.14 FEET TO THE NORm RlGHT OF WAY UNE OF LONOSHORB WAY NORm AND THE POINT OF CURV A1l.IRE OF A NON-TANGENT CUR VE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS Of 420.00 FEET. A CENTRAL ANGLE OF' 0 DEGREES 29 MINUTES 03 SECONDS, AND A CHORD OF 3.5S fEET BEARING NORTII 60 DEGREES 35 MJNlIJ"ES 04 SECONDS EAST; 11ŒNŒ NORmEAST ALONO SAID CURVE, A DISTANCE OF 3.55 FEET TO THE POINT OF CURVAroRE Of A RBVERSE CURVE, CONCA VB TO THE SOUTIi, HAVING A RAmus OF 230.00 FEET, A CENTRAL ANGl.E OF'II DEGREES 19 MINUTES 06 SECONDS, AND A CHORD OF 224.13 FEET BEARING NORm 89 DEGREES 30 MIN1JTES 02 SECONDS EAST; TIlENCE EAST ALONO SAID NORTIi RJGHT OF WAY L,INE OF LONGSHORE WAY NORTH AND SAID CURVE, A DIST ANCB OF 234,11 FEET; THENCE NORTII 89 DEGREES 04 MINt.JTE1,; 09 SECONDS EAST ALONO TIlE NORm LINE Of' AFORESAID TRACT "G" , A DIS1~CI! OF 19,08 FEET TO TIlE POINT OF BEGlNNINO; SAID DESCRIBED TRACT r.ONTAINING 0.110 ACRE (4,&09 SQUARE FEET). MORE OR LESS. , DASIS OF BEARINGS IS 11Œ soom LINE Of SECTION 17 BEING SOtrTH 89 DEGREES 04 MINlrTES 09 SECONDS WEST, PARCEL QUAIL 2 ,.' ,. I ~ /? ¿J '~ r. !1',.. m~ D~r~:;é¡~¡~{ PIfó'~ESSIONAL LAND SURVEYOR 02406' ¡ or', ~, / r: :, OFFICE OF CAPITAL PROJECTS .~ . I I, / COLLIER COUNlY COVERNMENT COMPLËX, I. (. I" ' J 01 TAMIAMI TRAI NAP ES RICA J~1'1 CHECKEO 01: SCAU: ~'EI ru NO.1 --_._.-. , ....<.....".~..,..-"..._.- " leU!: CUll TO m BOW I~aOl'ICI 4TH 'LOOI !I~ 7240 2229751 OR: 2349 PG: 2989 Deon 11 tH omcm DCOIDS of eoum c:ovm, rL DC n "/25/'7 It 11:57" DlIGIT I. 11OCI, CLItI eo'IISI 168-2 55.5' 12." AGREEMENT FOR DELIVERY AND USE OF TREATED W A STEW A TER EFFLUENT FOR SPRAY IRR1GA TION TIllS AGREEMENT is made and entered into this .,1ß--' day of r:ft:..~. 1m, by and between VINEYARDS UTILITY, INC. (hereinafter referred to as '1]; ") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "DISTRICl). User is used as singular or plural, as the context requires. R E C I TAL S: WHEREAS, the District is desirous of obtaining additional long-term disposal facilities for treated wastewater effluent, (hereinafter referred to as "effluent") produced by one of its wastewater treatment facilities; and WHEREAS, User is desirous of obtaining effluent as a long-tenn irrigation resource for CERTAIN LANDS INCLUDING Vineyards Country Club golf courses, located upon the lands described in Exhibit A, attached hereto (hereinafter referred to as "Propertyj. WITNESSETH NOW THEREFORE. in consideration of the covenants hereinafter contained and other good and valuable consideration, the parties hereto agree as follows: I. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. User has requested that District provide available effluent to User. User represents and warrants to District that the party or parties identified herein as User is the party responsible for providing irrigation water to the Property described in Exhibit A. 2. QUANTITY. The User will anticipate accepting and use diligent efforts to accept from the District up to 3,000,000 gallons per day (GPO) of effluent when available for irrigation for a period of five (5) years from the date of this Agreement. At the end of the five (5) year period and each successive five (5) year period thereafter, this Agreement shall be amended and revised to reflect all of the tenns and provisions then being incorporated in like agreements by the District for delivery and use of effluent and thereafter renewed for successive five (5) year periods, unless tenninated by either party as provided for herein. The rate set forth in paragraph 8 herein shall be effective for the initial five (5) year period iUld shall be re-negotiated by the user and the District at least thirty (30) days prior to the commencement of each successive five (5) year period. ..,....""."'~.._-,-- OR: 2349 PG: 299016 B-2 3. QUALITY. The effluent shall be a "polished" effluent ftom a tertiary treatment process which involves secondary wastewater treatment, filtration and high-level disinfection as required by the F10rida Department of Environmental Protection Rule 17 -610, Florida Administrative Code, as amended trom time to time, and shall meet the criteria for land application of domestic wastewater effluent. The effluent shall be in accord with all requirements of permits issued by local, state and federal regulatory agencies with jurisdiction over such activities. 4. POINT OF DELIVERY DEFINED. The Point of delivery of effluent shall be where the effluent passes into the faciJities currently owned and operated by Vineyards Utility, Inc. as described on Exhibit B attached hereto. The District shall own, operate and maintain the effluent distribution system and related storage tank, if any, and shall be deemed to be in possession and control of the effluent therei~ q~ of the Point of Delivery. The Usersball ~ operate and maintain the effluent distribution system and related lake storage facility, if any, and shall be deemed to be in possession and control of the effluent therein, downstream of the Point of Delivery. Point of Delivery is used as singular or plural, as the context requires. 5. DISTRICT RESPONSmILITIES UPSTREAM OF POINT OF DELIVERY. The District shall be responsible for the design, construction, permitting, fInancing of all costs and placing in operation the effluent delivery system up to the Point of Delivery. The District shall bear a1l costs of operation and maintenance of the effluent delivery system up to and including the Point of Delivery. 6. USER RESPONSmILITIES DOWNS1REAM OF POINT OF DELIVERY. The User shall take fuJl responsibility for the design, construction. permitting. fInancing of all costs and placing in operation the effluent delivery system downstream of the Point of Delivery. Tbe User sha1l bear all costs of operation and maintenance of the effluent delivery system downstream of the Point of Delivery. 7. STANDARD OF MAINTENANCE. User shall maintain all effluent distribution facilities downstream of the Point of Delivery at standards equal to the maintenance standards for comparable utility facilities maintained by the District. District shall provide User with notice oftbc need for User to correct any maintenance deficiencies and User shall have fifteen (IS) days ftom receipt of such notice to correct same. If the deficiencies have not been corrected within that time, the District shall have the right, but not the duty, to enter upon the Property to correct the deficiencies and charge User therefor. - l- .,--,---'~........,._..- ,-, "'''--'''~'''^--- OR: 2349 PG: 2991 168-2 8. RA TE TO BE CHARGED FOR EFFLUENT. For furnishing of the effluent, the District shall initially charge and User shall pay the sum of thirteen ($0.13) cents per thousand gallons (hereinafter referred to as "effluent rate") for effluent Said effluent rate per thousand gallons shall be in effect commencing at the time District begins delivery. It is anticipated, but not warranted, that said delivery will begin on Nov~mber 1, 1997. It is expressly understood and agreed that delivery shall be made year round, except during excessively rainy periods, at which time delivery shall cease . 9. RA TE CHANGES. The District shall have the right to decrease or increase the effluent rate from time to time upon providing thirty (30) days prior written notice of a rate change. Any increase in the effluent rate shall only arise upon the expiration of the initial five (5) year term hereof and at the end of each subsequent tenn, and only as the result of the District's increase in costs representing production. treatment and deli very of the effluent, or as the result of a rate study which detennines that an increase in the effluent rate is required to finance the costs of production, treatment and delivery of the effluent. Any rate increase shall be the same increase or rate charged to similarly situated Users. 10. BILLING. The District shall bill the User monthly for the effluent quantity used by the user for that period. ShouJd the User desire additional effluent, and the District be willing and able to supply effluent exceeding the amount (GPO) agreed upon herein. the User shall be billed for this additional amount at the nonnal billing rate. The User shall make payment to the District within thirty (30) days of the date of the monthly statement. I I. UNPAID FEES ARE A ST A TUTOR Y LIEN. The User acknowledges that in the event the fees, rates or charges of the services and facilities provided for under this Agreement shall not be paid and become delinquent, any unpaid balance and all interest accruing thereon shaH be a lien on the affected property pursuant to Chapter 153. Part II, Florida Statutes, as amended. 12. EFFLUENT A V AILABILITY. The District shall make a diligent effort to make available to User the agreed upon quantity of effluent during any 24-hour period. It is the express intention of this Agreement that this quantity of effluent shall be available for withdrawal by user at any time during the 24-hour period from the lake storage facility to be constructed on User's property. - 1 - "-"-''''"*''-'.--'--.'.---'.-'--''-. -~_..,-,-"".,-", OR: 2349 PG: 2992 1~B-2~ 13. USER EMERGENCY SITUATIONS. In the event of an emergency, as defined below, User shall notify any of those District representatives set forth herein and request that the pumping of effluent temporarily cease. Such notice shall be in writing where circumstances pennit and, in the event of an immediate emergency, such notice may be by telephone with subsequent written confinnation. It is understood by the parties that District anticipates that it can assist User with the storage and non-delivery of treated effluent for a period not to exceed three (3) days in such an emergency situation. Such storage of effluent, however, shall be subject to the rules, regulations and directives of the Department of Environmental Regulation. Emergencies shall include but shall not be limited to: (a) Climatic conditions such as hurricanes, floods or unseasonably excessive rainfall which makes it impossible for User to accept the treated effluent. (b) Short tenn equipment or material failure, making it impossible for User to store or distribute the treated effluent. (c) An Act of God which makes it impossible for User to accept, store or distribute the treated effluent. 14. NOTIFICA nON OF DISTRICT. Those representatives of District who shall be notified in the event ofan emergency are: (a) Collier County Public Works Administrator 3301 E. Tamiami Trail (941)732-257S Naples, Florida 34112 (b) Collier County Wastewater Director 3301 E. Tamiami Trail (941)732-2575 Naples, Florida 34112 ( c) Chief Operator Collier County North Wastewater Treatment Facility 10500 Goodlette Road (941)597-5355 Naples, Florida 34109 -~- T .,...,^,..............___..' ....".>,,-~~..._'"--- _"'~. .__;'.0_-'" "..__",,__..R ..,.-,.,.._..-------"'~_..'".'"'-_.....-.,~"....... .- --.. OR: 2349 PG: 2994 168-2 the Point of Delivery and User will be responsible for obtaining any other permits necessary for use of the effluent on the Property. User shall take all reasonable precautions, including signs and labeling, to prevent confusion between eft1uent sources and other water sources downstream of the Point of Delivery. The District shall be deemed to be in possession and control of the effluent until it shall have been delivered to User at the Point of Delivery, after which delivery User shan be deemed to be in possession and control of the effluent. 19. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS. If for any reason during the term of this Agreement, local, state or federal governments or agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any change in the operation of the treatment, transmission and distribution systems or the application and use of effluent, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from the performance thereof and a new agreement shall be negotiated, if possible, by the parties hereto in conformity with such permits, approvals, or requirements. However, nothing shaJJ require User or District to accept any new agreement if it substantially adds to its burdens and obligations hereunder. 20. USER'S RIGHT TO TERMINATION; AGREEMENT RUNS WITH LAND. The User shall have the right to terminate this Agreement if the District continually fails to deliver effluent. under the conditions described in paragraph 15 herein. The User shall have the right to sell, transfer or encumber the land areas irrigated with the effluent and described in Exhibit A, except that written notice of any proposed sale or transfer of the Vineyards Country Club property must be given to the DistriC4 as provided for herein, at least thirty (30) days prior to the sale or transfer. So long as use 0 f the property shall substantially continue to be for the purposes intended by this Agreement, any subsequent party in interest shaH be obligated to receive and use the specified quantity of effluent under the same terms and conditions of this Agreement unless modified by mutual consent of the District and the buyer, or transferee, or successor in interest to the User. 21. DISTRICT'S RIGHT TO TERMINATION. The District shall have the right to terminate this Agreement if the User fails to accept effluent under the conditions described herein. or if performance is prevented by third party litigation, or if the User is or reasonably appears to be irresponsibly or illegally disposing of or using thc effluent. or if any other event beyond the control of the District prevents perfonnance, or if the User fails to pay delinquent fees, rates, or charges for the services and facilities provided for under this Agreement. In no event shall District be entitled to terminate this Agreement for any reason other than good cause as set forth herein. The fact that it may no longer be financially fC2Sible for the District to honor the rate then effect for the User shall not be deemed good cause the termination by the District hereundcr. -¡, - __,.,.-.-..;0lIl OR: 2349 PG: 2995 168-2 I 22. TIME OF TERMINATION. Where practicable, termination on the pan of either party shall not occur before one hW1dred and eighty (180) days after the tenninating party has notified the other party in writing, except in an instance where User is, or reasonably appears to be, irresponsibly or illegally disposing of or using the effluent. 23. ACCESS. The District shall have the right, but not the duty, to enter upon the Property or User to review and inspect at reasonable times the practices oruser with respect to conditio~ agreed herein. Such entry shaH normally be for the purpose of review of the operation of the effluent irrigation system, for inspection of distribution mains and appurtenances, and for sampling at any monitoring wells located on the property of User. User may have a representative accompany the District personnel. 24. INDEMNIFICATION. User acknowledges that the effluent, due to its chemical composition, may not be compatible for irrigation of certain susceptible vegetation. User agrees that District shall not be held liable for damages that may occur to vegetation or for any other damages which may occur due to the use or acceptance of effluent. The User, in consideration often dollars, receipt and sufficiency of which is accepted through the signing of this Agreement, shall hold hannless and defend the District 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 this Agreement. 25. DISCLAIMER OF TIJIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the formal parties hereto, and their successors in interest. and no right or cause of action shaH accrue upon or by reason hereof, to or for the benefit of any third party not a party hereto. 26. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or W1enforceability shall not effect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. To that end, this Agreement is declared severable. 27. LAND USE APPROVALS. This Agreement shall not be construed as a basis for either granting or assuring or indicating, or denying, refusing to grant or preventing any future grant of land use or zoning approvals, permissions, variances, special exceptions, or any other rights with respect to the real property in the irrigated area. 28. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida and the Collier County Utilities Standards and Procedures Ordinance or its successor in function. 29. RECORDATION. This Agreement shall be recorded in the Public Records or Collier County, Florida. -1- ,.__4_..... . ',1 OR: 2349 PG: 2996 168-2 30. ASSIGNMENT. Assignment or transfer of the User's rights or obligations under this .. Agreement is prohibited witbout prior written consem of the DisttictANt>f~11 bt VÞ,¡f. 31. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and assigns. 32. ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the entire agreement between the parties with respect to dIe subject matter referenced herein. Any amendment hereto shall be in writing duly executed by the parties hereto, or their successors in interest to the Property. -~/ r__'-··· ~ --<-"_.'--_.....-.._._.~.".,---_...;......,.~>,"' ,.. _..,_.~---- ...."_.,,~"._,._-'"-""-~'; ---.---.1' (Notarial Seal) ,if ..... . DAiøU /)/ . . (t1fu~:~··· , 'vI- . .:-~~~~}~~J..,CLERK . : "...... '. .?-'.r: r~ . ~.,.. "'."" ¡)e .". " : . ,"\' . /,. '. . t, t\ /. ' '1-., ..,,: "9 , 7. . /q7 /' ',' .";1" ......." /'.;.:J/ / /'. -.' ...... . ,.", .' ., ~ ÁPN9iéå' ~ITn 'and legal suhiclency: ~,-r ~wi.-- -M1~hael W. Pettit ~IÞ ('. P1 L ~é.{,. Assistant County Attorney Notary Public My Commission Expires: OR: 2349 PG:2998 168-2 BOARD OF COUNTY COMMISISONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO mE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DIS - to ..... . .,..... .- .. ...._.,._-----~-~"..-~. By: \",'11"."""" ..", "'1 ... "~ '" _ ,. ...., ,'. 10 '('\ ,.', '.' ";. ,'.0.." ··"ttt· '" -:: ~ .' . :'". t,. }~~. '.~.~. . :~~~'; ~"." ~, :" ¿, t~~r~~)<. 1 \. . ....~lt~i~)....' f.... " "" ;1 ·1at;:v ,\'" ..... . , f .... . I . I '"." ., .' ...' ~.. .~.~, ....,. -.--...--......""" N" ,.,.,."......,,,_. .,·,··oc.".·..·,·,··,_·_ .,.,-..----- ... ,-~,.,".~_..". ~ 18 <It 0 ~ ~ >- ... z s J .. .. .. 2f g C .. ~ ~ ..... \D JC ëg lC . . 10TH AV N.W. LAKESIDE 6 on ,.. ~ DANIELS RD ~ It: WALDEN i OAKS SERvrCEPOINT 1 I'UInu!s RO SERVICE POINT .It: SANDAtWOOO LN ._~ . ~c~~o s,"" mc" '" s~¥' I 7 ... VI BOTìt.E8RUSH LN lIVlNCS TON Vo'OOOS LN ? il '" -' :::: ~ ¡, ~.Ir 12TH AVE. S.W. 17 THE VINEYARDS RECLAIMED WATER SERVICB.POINTS :~, .~,~. . . EXHIBIT B I C ;1 .......·,....~_"""._._(I.l ..._-----¡,.._-~--_.......'"'-- ^"~.,","',,""""',,~..""~. ....._~. 168 8 AMENDMENT NO.3 MARCO ISLAND BEACH RENOURISHMENT PROFESSIONAL SERVICES AGREEMENT TIllS AGREEMENT IS MADE AND ENTERED INTO TIllS .l3~Y of ~ ] 9 f..1-, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and Coastal Engineering Consultants. Inc., a Florida corporation. authorized to do business in the State of Florida, whose business address is 3106 South Horseshoe Drive, Naples. Florida 34]04 (hereinafter referred to as the "CONSULT ANT'), WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering and surveying services of the CONSULTANT concerning c:erta.in monitoring services for the Marco Island Beach Renourishment Project (herein after referred to as the "Project"), said services being more fully described in Schedule A of the original Professional Services Agreement; and WHEREAS, on September 6, 1994, the Board of County Commissionen approved a Professional Services Agreement with the CONSULTANT to perfonn annual monitoring services for the Project: and WHEREAS, the CONSULT ANT has submitted a proposal for provision of those service~ during the 1997/1998 monitoring period; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Marco Island Beach Renourishment Professional Services Agreement entered into on September 6, 1994 (hereinafter also referred to as the "Agreement") is hereby amended as follows: I, Schedule B, Attachments B and C, is hereby amended and revised as set forth in Exhibit "A" attached hereto. Said Exhibit "A" is the June 17, 1997, letter trom Coastal Engineering Consultants. Inc. to Project Manager Hany Huber re: "Proposal for Professional Services, Marco Island Monitoring". 2, Article Five of the Agreement is hereby amended as follows: Compensation by the OWNER for services rendered hereunder by CONSULTANT shall not exceed an , ~,;",,"_"'A.._'~_~__ · . 1 68 8 I aggregate amount of $100,850.00 u provided in Exluòit "Aft attacbed hereto without an appropriate change order or amendment to this Agreement. 3. Other than the changeslaJtitions indicated in this Amendment, all provisions of the original contract arc in fun force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment to the AgI:eement the day and year first written above. , \J\j~f!U" ~. ~ . I.) /. "~TfE. ST.I~':."(" " BOARD OF COUNTY COMMISSIONERS FOR .. :' . . q .. -J'.( '. v - COLLIER COUNTY, FLORIDA, A POLmCAL =' ;' Bý':··/.M¿ f /?f; b. (". SUBDMSION OF THE STATE OF FLORIDA ::~ ,C~·_,~I ~17 ~ ~ ,.. '. .", .' . .:: '/, '. ..../, By: ~ ~ · ::;pr~'~;~ 'fonn and i~.4 an C'nnan legal sufficien~: r-:\ ~^/U Assistant County Attorney 7 1::::0¿ ~L Coastal Engineering Consultants, Inc. BY:~~ Micháe1 F. Stephen. P . .. P.G. President ()1~t#!; G· Æg{!,£ Typed or pnnted name ~~S:~ Witness (CORPORATE SEAL) DA.Vlb E. We5~ Typed or printed name HEH/IhI AMENDMENTJ .' ' :. ,> ;_. ~_:,,< ,;_,,:-:.'~>/f',',~.-,;.<':; :,,~t/, ,..,,' ,,' ,:....' , ' '-..' ,.,/ .'. '.: ., 168 8 . e e " ;;... . ¡ .. COÞSTAL COOSfCII Engneemg ENGINEERING CrvIIEnoneemg CONSULTANTS SuMoy ~ En\/1lonmental INC QP.(]I E stQf '" APP4'OISCII - - -- - - .. .'- - ._. . .._- -. .- . . - .-. '- .._- . ~ June 17, 1997 ÐIÐBIT -A- Mr. Harry Huber, Project Manager m Collier County Omce or Capital Projects Management 3301 Tamiami Trail East Naples, Florida 34112 RE: PROPOSAL FOR PROFESSIONAL SERVICES MARCO ISLAND MONITORING CEC FILE NO. 97.281 Dear Harry: Pursuant to our Professional Services Agreement to provide annual monitoring services for the Marco Island Beach Renourishment Project and per our meeûng of today, we are pleased to present this revised Schedule B, Attachment C for the 1997 Monitoring Report. Please note this proposal includes monitoring eighty-nine (89) lines including additional lines for breakwater, emergent shoal and Caxambas Pass dredge cut monitoring. Also note this proposal does not include Hideaway Beach monitoring. Schedule B . Attachment C Consultant's Estimate of Additional ServIces A8 Post Construction Services A8.1 Assist Owner Relative to Agency Required Permit Stipulations A8.!.1 A8.1.2 A8.I.3 A8.1.4 A8.1.5 A8.I.6 Aerial Photographs Beach and Offshore Profiles Shoal Maps Monitoring Assessment Report Preparation, Compilation and Prinûng Administraûon $10,200.00 $48,950.00 S 3,000.00 $16,300.00 $ 1,500.00 S 1,700.00 A8.2 Provide Owner Authorized Additional Services AS.2.1 ,Design and Coordination of Maintenance Activities $19,200.00 8 e Mr. Harry Huber Collier County Omce of CapItAl Projects Management June 17, 1997 Page 2 ÐtfIBIT -A- Our estimated annual cost for providing these services wm be $100,850.00. Charges for these services will be billed on a time and reimbursable cost basis, based on the approved Schedule B - Attachment ß, attached hereto, which is made a part of this agreement as if fully contained herein. Services beyond the scope presented herein can be provided as Additional Services and shall be authorized in writing by you. We trust this proposal is responsive to your needs. If you have any questions, please contact our oftice. Sincerely, Coastal E ·nee nsultants, Ine. Mj :T. PO~ P.E. ¿~XI Division Manager Attachment: Fee Schedule mII\prapaooI · .. .~ 168 8 1 exhibit A SCHEDULE B · ATTACHMENT B CONSULTANTS EMPLOYEE HOURLY RATE SCHEDULE JANUARY, 1997 Principal Engineer I Scientist I Appraiser Associate Engineer I Scientist I Appraiser Contract Manager I Supervisor Project Engineer I Scientist I Appraiser Staff Engineer I Scientist I AppraIser Environmental SpeciaflSt Technician I Designer Scientists include: Geologists· Chemists · Biologists · Hydrofogists Draftsman Research Assistant I Appraisal Assistant I Technical Editor Lab T echnÎcinn Construction Observer Word Processing I Document I Data Processor Principal Surveyor and Mapper Associate Surveyor and Mapper 3-man crew 3-man crew (pSM) 2-rnan crew 2-man crew (PSM) Photocopies Blueprints Mylars Mileage EQuipment Rental Hydrographic Survey "Laser Trak" - Standby "Laser Trak" DGPS Survey System - One Week Minimum lease Single Frequency Depth Sounder Thermal Paper E.D.M. Microtide Recorder (1 month minimum) Mlniflow Recording Current Meter WIZard Processing Software Boat Off-Road VE!hicle ("AlV') $ 2,300.00Jweek $ 150.OOIday $ 5O.oolhalf-day· HOURLY RATES $ $ $ $ $ $ $ 120.00 90.00 85.00 75.00 65.00 60.00 55.00 $ $ $ $ $ $ $ $ $ $ S $ $ $ $ 45.00 45.00 40.00 40.00 35.00 75.00 65.00 85.00 95.00 75.00 85.00 .10 leach 1.5OIeach 8.OOIeach .251miJe S 250.00/day S 125.oo/day $ 7,500.OOImonth $ 3,OOO.OOImonth $ 19.OOIroII $ 120.OOIday S 5OO.OOImonth $ 2.000.00/month $ 120.00/month $ 250.00/day $ 120.00/day rMinlmum) - Reimbursable EJ(pensos will be billed at cost Typical reimbursable expenses Include: out-of-town travel made on behalf of the dient relating to permits, aerial reconna!asance and photographic expenses. 8I1d prints. - Subcontracts or Subconsu/t8nts will be administered at COlt plus 10%. - Invoicing will be provided an a monthly basis. Statements are due and payabfe upon receipt. If written notice Is not received within thirty days of receipt of Invoice. such action win be construed as acceptance of charges as c:orrec:t and eccurat.. - Balti on this schedule aro guaranteed for one year from the date shown. - EJ(pert ~6S$ fee negotiated separately. ~~:.. :'; 168 9 RIGHT-OF-WAY CONSENT AGREEMENT FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Land Management Department, hereinafter referred to as "Company", hereby consents to Collier County - Bo"'rd of Co'",!:.!... L:J:nm::::::':J;1g}'s}'lhose mailing address is 3301 E. Tamiami Trail, Naples, FL 34112, hereinafter referred to as "Licensee", using' an area within Company's right-of-way granted by that certain agreement recorded in o/f_ Book ~6L, at Page (.il /CI~ Public Records of Collier County, Florida. The said area wlthin Company's right-of- way, hereinafter referred to as "Lands". The use of the ~ands by Licensee, shall be solely for the purpose of 4" sewer force main , as shown on the plans and specifications submitted by Licensee, attached hereto as Exhibit "A". In consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follm-/s: 1. Licensee agrees to obtain all neCe3s~ry rights from the owners of the Lands in the event Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this Agreement. 2. Licensee understands and agrees that the use of tOe Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify i~s employee~, agents, and cont.::.acto.r:s... ~~-'~i.::n:;þ,'). ~~ny ~~~£=~dll~-reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time-to-time may require Licensee, to relocate or alter its facilities and equipment, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate or alter said facilities and equipment and other improvements within thirty (30) days of receiving notice from Company to do so. Such relocation or alteration will be made at the sole cost and expense of Licensee and at no cost and expense to Company; pro....ided however, should Licensee, for any reason, fail to make such relocation or alteration, Company retains the right to enter upon the Lands and make said relocation or alteration of Licensee's facilities and equipment, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. 3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, may tend to interfere with Company I s use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 10::' (14) of the Cûmpreheiisi....e Environmental Response Compensation and Liability Act ("CER::LA") (42 USC Section 9601 [14]), petroleum products, liquids or flammables shall be placed on, under, transported across, or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole ?" ~- '''':. r.. 16B 9 cost and expense, correct such condition or si:uatio~; provlded however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company fro~ all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement. 4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools, equipffi~nt, or machinery on the Lands capable of extending greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Lic~nsee as provided herein, shall be made which will resul t in preventing Company access to its facilities located wi thin sa id Lands. Unless otherwise provided herein, Licensee agrees to maintain a forty (40) foot wide setback, twenty (20) feet on each side, from Company's facilities. 5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee are not to exceed a height of fo~rteen (14) fee: above existing grade. 6. Outdoor lighting installed or to be instal:ed upon the Lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade and all poles or standards SUpporting light fixtures are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrel or finger roads and underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one (1) foot below existing road grade. 8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Company's facilities. 9. Licensee agrees, at all times, to maintalr. and keeo the Lands clean and free of debris. Except as provided herein, Licensee further understands and agrees that certain ~ses of the Lands are specifically prohibited; such uses incl~de but are not limited to recreational purposes, hunting and camping, and Licensee agrees to notify its employees, agents, contractors, and invitees accordingly. 10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for its purposes. 11. Notwithstanding any provision contained herein, Licensee agrees to reiroburse Company for all cost and expense for an~ damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation, rearrangement or change. 12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees to indemnify and save harmless Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter referred to as FPL Entities), from all liability, loss, cost, and expense, -,_..,-,- " lbB g inctudi~g attorneys' fees. which ma~ be s~sta:nea by ~F~ ~ntlt:~S to any person, natural or élrtl:icial, by reaso:" of tne ':::ed(t, G~ Q~' injury to any person or damage to any propert! ~hetner or no: C~e to or caused by the negligence of FPL Entit.ies, a':-ls:':-,9 0'.:1:. CJ~ cr in connection with the herein described p~rposes by ~i=ensec, ::s contractors, agents, or employees; and Licensee agrees :c jef~n~ at its sole cost and expense and at no cas: and e:-:pense ' , - Entities <lny and all ~uits or action lns:i:uted aga::-,5: ..- [ntities, for the imposition of such llabillty, loss, ccs: ;;.:-;.:: expense, 13. Licensee shall, during the period of :h1S A"reement, maintain at its sole expense a liabilitY policy witn m1ni~um llmi:s of $1, 000, 000 for boàily inlllry or deat!", of perseD {s; a:-~,-~ $1,000,000 for property damage ar:sing out of a single occurrence. Said policy shall be endorsed to insure against obligations assumed by Licensee in the indemnity (Paragraph 12). A certifica':.e of insurance shall be furnished to Company evijencing that said pa~icy of insurance is in force and .:ill not be cancel~ed cr r.,aterially changed so as to affect the lnt.erests of FPL Enti tlèS unt1l ten (10) days written notice has been furnished to CCí.,pany, Upon request, copies of pclicies will be furnished tc ~ompany, Licensee understan,is and agrees t:ìat the use of tÌì~ :"a:-,ds fcr tne pûrpcses described herein 1S expressly contingent upon acceptance and compliance with the provisions contained here:n, 14. This Agreement will become effective upon executlOn bi Company and L1censee and will remain in full force and effect until completion of Licensee's use. of the Lands pûrsuant to this Agreement. unless earlier termi:\ated upon '--,l:1etj (901 :Jays writ.te:: notice by Company to Licensee, or a~. the opeo;; 0f C:cmpa:-,y, immediat.ely upon Licer,see failing to comply ,...lth or to abide cy a:',':, or all of the provisions contained ~ereln, "A!~ 1S, The use granted herein as s~,G'...n c" ::x:-,:::;;:' "11<" s:-;a11::e under construction by Licensee "'lthin one ¡li year of :.he eEfect:~e date of this Agreement and the construction shall be d1llgently pursued to completion. Licensee shall give Company ten (10) days prior written notice of its commencement of construction. "Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Jnder construction does not include applicatio;" for or obtéJlr,ing a building permit, a site plan ~pproval or zoning appro~al fro~ t~e appropriate local government agency :\6'/ino ~urisdic:'lC;; ov~~ :nê:: activity, purchasing constru:tion :na:.er:a}s, placl.-:g 5":C:-. constructicn materials on the s:t.e, c1.eór::',g ')r grachr.'J t:1<' 3:t.:: (if permitted) in ant1cipatio.-: of constructio:-" Sl:e s·..:r':e'i1:-,g, landscaping work or reactivating construction after substant1a11y all construction activity has remained stopped for a period of t~o (2) months or more. Licensee acknowledges that failure to have the use under construct1on within t~e one (1) y~ar time p~riod ',.¡ill result in immedi2te terminatior, of t:Üs Agree!'7\ent in accordance with Paragraph 14 herein for fail~ng to comply with the provisions contained herein unless Licenser grants a wr1tten eKtenS10n for a mutually agreed upon time, Any request for a;" ex:e:\Slor. 0: tl:i,è shall be 5ubmitted in writing by :"lce:-,~;ee ..'. l~ter :.>-;a:: t~I~~:'" days prlor to the expiration G~ :.he one ~ear -~. ~', -~~ project to be under construc:io~, 16, The term "Licensee" shall be cons':.rued as embrac1r,g s''':c:-, number and gender as the character of the party or parties requir~(s) and the obligations contained herein shall be absolute and primary and shall be complet~ 3nd blnding as to each. upon this Agreemenr: being executed by Lir:.:ensee and subject to [0::> conài t lons precedent. or ot:1erwise. 17, S:::ould any provisi on (':: tr"j 5 ,l\~.reeë''':',t '8':' i'è-_'::_~~:r.l::ec c::' a court of competent Jurls~.l::tl():: '.:.0 De lI~e:,<:;~ .:;r j,:-. :~:,:-::: ,~':::-, any appllcab1e law, the va_ldlty at ~he rema~n:ng p~~~:s~':;::~ S::ð-: not be impaired. In the event :)f any 1..it.~qa::;):-, a::15~',:;¡ J.;'" :,,: enforcement of this consent Agreement, the prsvailing ~a!:Y ~:: 3~=~ .' J':: ..' Paqe 3 of 4 .. .. . ~ '¡ c. 16a 9 . . litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees. 18. Licensee may assign its rights and obligations under this Agreement to a solvent party upon prior written consent of the company, which consent shall not be unreasonably withheld. 19. This Agreement includes and is subject to the provisions described on the attached Addendum. The parties have executed this Agreement this ~ day of (0 c.. Tt' r; e:T'l- , 19.91.. . Witnesses: Kt14 ~) Signaturl: k~LLI./ L-lft;2- Nam~nt~~ Signa re'7/ -~~ (JlAi£.u f Name (Print): FLORIDA POWER & LIGHT COMPANY By: rv.)r\.t~ Its:~" 1b!''ñ- WA'Ta M~R... Print Name: C.'''''-''MAïH~ Witnesses: (~~ LICENSEE: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FRIDA art ~ri,.."..n Signature: Name (Print): (Not Required) Signature: At test: nwi gh-t, : Rrn~1r Its: 1"1..rlr nf' I"nllri'.. BY: Print Name: Deputy Clerk )()OOO:~X»X8I(l)9X Name (Print): A........... 'J1:' ""'-'> ~AL_ t'~ I a~..... ~ ~th.....,. ATTEST: DWIG~. 8~. ell,. ¡~ ~~ h.C!. / putl ~1t~~ \\ ¡; '.tf., . . . . ~ ':.......' ~"..", ~ " .... . J \ '... -'t ' . " . ~.?~\~·j7:~:;. I- t::) '.þ "'. _"\.. . - ..... . . . -9. ',...,~~. .., ....,' · .~". '. ......,;- " .:~ .' , \ \ ~ , , CCC/OGE 31401RIf,Con (4C¡ '-"'---"~~""'.""'~." . 16811'" COLLIER COUNTY Professional Engineering Services ,...;. ;,;,. The attached letter agreement dated ]we 26, 1997 to renew for one year the Fixed Tenn Professional Services Agreement Contract #95-2422 by: Agnoli, Barber and Bnmdage, Inc. 7400 Tamiami Trail North Suite 200 Naples, FL 34108 .~ " and the attached negotiated rate schedule is hereby accepted. \¡~ ~ Iì J Ii I by: ~ ~ (~ .-~. .... '. " v '. '.' '. / -:1' .. :' 'c"!if.test:' Dwight ,'- a , .! .' ~.. :", . ..,.......',~... '. .... _<;, ";' :t- ~.' ,J. ~, . ~. . .....·'~~'b: . c. '.,.. '.' ,. . I:!y., Y·, -" '. . . '.... '.,. eputy Clerk . 'I'. '. (:;", .'." r ~ ,/ A ('\ "J ... \i~ .. ~þpr{)ved as to F onn and Legal SUfficiey: D ~_ -5~~(1 ~ Assistant County Attorney Date . //7 1/.1 ~ ? T ADfsclsigpage . . . .~ COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DMSION 8801 TAMIAMI TRAIL EAST Purchasing Department NAPLES, FL 34112 (941) 774-8425 16811 ' A CERTIFIED BLUE C1ßP COMMUNITY June 26, 1997 Agnoll, Barber and Brundage, Ine. 7400 Tamiami Trail North Suite 200 Naples, Florida 34108 . . Attention: Mr. Daniel W. Brundage, President RE: Contract #95-2422 -"Fixed Tenn Professional Engineering Services" Continued. . . Dear Mr. Brundage: Collier County has been under Contract with your company for the referenced service for the past two years. The County would like to renew this contract for one additional year in accordance with the renewal clause in the agreement. If you are agreeable to renewing the referenced contract, please submit a current rate schedule and indicate your intentions by providing the appropriate infonnation as requested below: V I am agreeable to renewing the present contract for Fixed Tenn Professional Engineering Services under the same tenns and conditions as the existing contract. A current rate schedule is provided. I am not agreeable to renewal of this contract. This contract has multiple vendors, if all vendors agree to ,renew, the contract will be renewed with no further notice~ If one or more vendors fail to indicate renewal intentions, the commodity/service may be placed out for bid at the end of this term. ~~..,.~..~ ..~~-_..--,--..- ..-" ;: '> ~ ..~'7j '. ,. 1 bB 11 Agnoll, Barber and Brundage, Inc. June 26, 1997 Page 2 of 2 RE: Contract #95-2422 . "Fixed Tonn Professional Engineering Services" '1-" , \ If you are agreeable to renewing the contract, said renewal wiD be consummated upon receipt of a County Purchase Order for this renewal period, commencing September 26, 1997 and ending September 25, 1998. , .f( Your prompt attention is urgentfy requested. Please return this letter to the Purchasing Department, with your response, no Iater..-tban July 11, 199.7. If you have any questions you may contact me at 941 m 4-8425. . " f'; ~O;¡ :(';" Or,. Very truly yours, ~ :d~G-./tj/ Stephen Y. CameO, CSM , Purchasing Director By: Daniel W. Brund8Re, Presid t Typed Name and Title (Corporate Officer) .; Acceptance: Date: '7 - 1- ~ 7 19b cc; Tom Donegan, P.E., Project Man~, OCPM . '~"IIIii:'t___~.----~_.-__ ._Ii' Panasorll c FAX SYSTEM AOE NJ. 941~ Sep. Ø5 19f:J7 00: 54A1 P2 & 16811 / R.lJND.N3E. INC. ProbionaI . ,~ at land ~ ~CoI~LIER COUNTY ENGINEERING CONTRÂ.CT NO. 9S-242~ RATE SCHEDULE - EFFECTIVE SEPTEMBER I, 1997 R.egútcred Enginecr/Principal Sr. Registcrni Engineer Registered Engineer Sr. Design Engineer Design Engineer Sr. Transportation Engineer Technician Planning Director Administrative Planner Certified Plmncr Project PlanncrlUrban Designer Project Manager Project Manager (p.L.S.) Project Manager (p.E.) Sr. Project Manager (p.E.) Rzgistered SurveyorlPrincipaJ Sr. Registered Surveyor Regútered Surveyor T c.c.hnician I Technician n T cchnician ill Technician IV Two Man SutVey Crew Three ~ Survey Crew Four Man Survey C~ Five Man Survey Crew lk$ign Dr.1ft.sma.n Drafto;rnan Couricr CI~ricaI I Clerical II $J JO.oo Hr. $ I9.QO Hr. $ 79.00 Hr. S 68.00 Hr. $ 58.00 Hr. S 84.00 Hr. $ 37.00 Hr. $Joo.oo Hr. $100.00 Hr. S 84.00 Hr. $ 68.00 Hr. $ 75.00 Hr. $100.00 Hr. $100.00 Hr. $ J OS.oo Hr. S 93.00 Hr. S 84.00 Hr. S 74.00 Hr. S 42.00 Hr. S 47.00 Hr. S 52.00 Hr. S 58.00 Hr. $ 74.00 Hr. $ 84.00 Hr. $100.00 Hr. $110.00 Hr. S 47.00 Hr. S 37.00 Hr. S 20.00 Hr. S 32.00 Hr. S 37.00 Hr. Maåft Off"KC: 7400 TamWni Tr.1il N..SLIia: 200. N2pIcs. F10ricb 34103 . (941) 597.3111 . FAX: (941) 566-2203 J.- Counry: 1625 H~!, St...$oi~ 101, FOftM~ f10rida 339OJ. (941) 1tJ.4.I173. FAX, (<<)41\ ~'U nor.: COLLIER COUNTY Professional Engineering Services The attached letter agreement dated June 26, 1997 to renew for one year the Fixed Tenn Professional Services Agreement Contract #95-2422 by: Camp, Dresser and McKee, Inc. 2640 Golden Gate Parkway, Suite 216 Naples, FL 34105 and the attached negotiated rate schedule is hereby accepted. Board of County Commissioners for Comer County, Florida, a political subdivi . the State ofFlo . . " 'ó U ~ R [) by: ,~ . '. '. 0/ . ...:,:~.::<.::-::;<; ",-- ~-., .: ,attest: Dwight - Brock, Clerk :: ; .,',',. '.~ '. .. :: ". :"'.; by: ~ .... :" ......' . '. QbPuty Clerk ..", '..., . ,..,...' ',', " . ~ . .I, (' II¡ ('1\ \ ~", , AppraVtM':ls to Fonn and kga]SU~~ {. PA. ----l Assistant ColUlty Attorney Date ~ T ADlsclsigp:¡ge ~, 1 6 B 1 1 4f ,: '....~ , . .. '..or .' ~ .',... ""', .:.,;" .' ~. '. <to c.. :~ .... ..-..........,...,..,., , .. _.._,--"""..__._...',..".."''''--"''''..''''''''~,._.. -.... ,- - -" " -~"-- ..-.-."..--. -- ~ ~- ";\ COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DMSION 8301 TAMIAMI TRAIL EAST Purcha.ing Department NAPLES, FL 84112 (941) 774-84215 16811 A CERTIFIED BLUE CHIP COHMUNlTY June 26, 1997 Camp, Dresser & McKee, Inc. 2640 Golden Gate Parkway Suite 216 Naples, Florida 34105 oomœŒOWŒill JUt.. - 3 /997 CAMP DRESSER & McKEE CAP{ rnRAl flI1R")A Attention: Mr. Richard D. Moore, P.E., Vice President RE: Contract #95-2422 -"Fixed Term Profe.sional Engineering Services" Dear Mr. Moore: Collier County has been under Contract with your company for the referenced service for the past two years. The County would like to renew this contract for one additional year in accordanCe with the renewal clause in the agreement. If you are agreeable to renewing the referenced contract, please submit a current rate schedule and indicate your intentions by providing the appropriate information as requested below: X I am agreeable to renewing the present contract for Fixed Term Professional Engineering Services under the same tenns and conditions as the existing contract. A current rate schedule is provided. I am not agreeable to renewal of this contract. This contract has multiple vendors, if all vendors agree to renew, the contract will be renewed with no further notice. If one or more vendors fail to indicate renewal intentions, the commodity/service may be placed out for bid at the end of this tenn. Continued . . . ..~ ,... 1 6811 I Camp, Dresser & McKee, Inc. June 26, 1997 Page 2 of 2 RE: Contract #95-2422 - "Fixed Term Professional Engineering Services" If you are agreeable to renewing the contract, said renewal will be consummated upon receipt of a County Purchase Order for this renewal period, commencing September 26, 1997 and ending September 25, 1998. Your prompt attention is urgently requested. Please return this letter to the Purchasing Department, with your response, no later than July 11, 1997. If you have any questions you may contact me at 941m4-8425. Very truly yours, ~~.~:œ~ Purchasing Director Acceptance: Camø. Dresser & McKee. Inc. con~a~~ ~ .. I ^~ . By: E ~\' .. Signature .~ Richard D. Moore, Vice President Typed Name and Title (Corporate Officer) Date: ?i;17 19b cc: Tom Donegan. P.E,. Project Man9". OCPM . " if: .~:. ~~; ,,., ....., , ...~ 16811 ," '!j COLLIER COUNTY ProCeufooal Eog:fneerfog Services The attached letter agreement dated June 26, 1997 to renew for one year the Fixed Term Professional Services Agreement Contract #95-2422 by: Hole, Montes and Associates, Inc. 715 Tenth Street South, P.O, Box 1586 Naples, FL 34106 and the attached negotiated rate schedule is hereby accepted. . 'f Board of County Commissioners for CoIlier County, Florida, a political subdi " o(the State ofF] ri ~'~ ~ R U iJ I by: ~~ . ';"".':" r( Timoth .....' ,,', , ; ,. : l C "~: :: .,.;, )~'~:'~ '( . ~ ... .: ''',atteSt: r Dw. íght E, Brock, Clerk rJ' '. .J JL~ .... : . "..... '.I" . ~. .' :' ,. ..., f ""," 4t ' ,:. ".:'" ~., ..,,' / . .... -;. "'. ;.:1', " ,,,~X~¡ . / /' .", /~ '/ . tJ:>eputy Clerk jI" '"0 7 Ii ". ." \.~ I' _.." , #'OA '. ~'~,\,\I\) , App¿-:o~e.ä as to Fonn and Legal ,su~: () j _ ~ ~~\(" ~ Assistant County Attorney T ADlsclsigpagc , ~'-,,1 "' ·., 16811 t Hole, Montes and Associates, Inc. June 26, 1997 Page 2 of 2 RE: Contract #95-2422 - "Fixed Term Professional Engln..rlng Services" If you are agreeable to renewing the contract, said renewal will be consummated upon receipt of a County Purchase Order for this renewal period, commenclng September 26,1997 and ending September 25,1998. Your prompt attention is urgentfy requested. Please return this letter to the Purchasing Department, with your response, no rater than July 11, 1997. If you have any questions you may contact me at 941m4-8425. ;. Very truly yours, ~ 0Î G~~ Stephen Y. Ca~~II, CSM Purchasing Director Signature Senior Vice President Typed Name and Title (Corporate Officer) Date: July 1, 1997 r -.::-,-7".~'l-;-'-.. ~ ' ., .,. ! I " .... , .--. - ~ . , -"'! . 1 19b cc: Tom Donegan, P.E., Project Manager, OCPM ,. 16811 Hole, Montes '" Associates, IDe. Professional Fee Scbedule Fixed Term Engineering Services Contract No. 95-2422 Date: August 19, 1997 Engineer V (Principal) ......................................................... ........................ ......... S 125.00 per hour Engineer V .... ..... ..................................... ................ ..............................................$ 11 0.00 per hour Engineer IV ........... ................................................................ ................................ S 99.00 per bour Engin c:er ill ...... ............... ........... ........... ....... ................ ................ ................. ........ S 80.00 per hour Engineer II .. ........... ...... ...... ........... .......... ............ .................. ............. ................... S 69.00 per hour Engineer I.................. .... ............... ..... .............. .................. ....... .... ..................... .... $ 58.00 per hour Engineer Tech IV .................................................................................................. S 60.00 per hour Engineer Tech ill .................................................................................................. $ 55.00 per hour Engineer 'fech II....... ....................................... ................... ...... ............ ................. S 50.00 per hour Encinc:cr Tech I ..................................................................................................... S 40.00 per hour Contract Administrator (Principal) ....................................................................... S 95.00 per hour Contract Administrator (p.E.) ......................... ................................................. ..... S 75.00 per bour Contract Administrator ..... ........................ ..... ....... ......... ............ ........ ............ ....... $ 55.00 per hour Construction Field Representative m ................................................................... S 55.00 per hour Construction Field Representative II.................................................................... S 45.00 per hour Construction Field Representative 1...................................................................... $ 35.00 per hour Senior Planner ......... ....... ....................................................................................... $ 95.00 per hour Planner IV ................ ........ ............. ................ ..... ............. ....... ......... ...................... S 90.00 per bour Planner ill ...... .......... .......... ................................................................................... $ 70.00 per hour Planner I.. .... .......................... ..... ............................................................ ............... $ 45.00 per hour Surveyor V .............. ................... ......... ............. ........................... ....... .......... ......... S 80.00 per hour Swvcyor IV...... ........ ..... ......... ...... ......... ....... ........................... .................... .......... $ 65.00 per hour Surveyor ill.... .................................................................... ................................... $ 55.00 per hour Swvey Tcch IV ..................................................................................................... S 55.00 per hour Survey Tech ill ..................................................................................................... S 50.00 per hour Survey T cch II............. ............ ....... .......... ...................................................... ....... S 45.00 per bour Survey Tech I............... ....... ............................. ..................................................... S 40.00 per hour 2 Man Survey Crew .............................................................................................. S 85.00 per hour 3 Man Survey Crew .............................................................................................. $ 98.00 per hour Technician III.............. ........ ............................. ..... ....... .............................. ........... $ 38.00 per hour Technician II ...... ....... .......... ......... ............................. ................ ............................ S 30.00 per hour T cchnician I ............ ..... ..... ...... ......... ................ ..................................................... $ 25.00 per hour Subcontractors............... ............... ................. ........ .............. ...... ............................ Cost Out-O f- Pocket Expenses.... ........ ....................... ....... .... .......... .......... ......... ............ Cost Mileage ............... ............ ...................................................................................... $ .30 per mile Concrete Monuments .............. ......................... ...................... ............................... $ 10.00 each PennaJ1tnt Reference Monuments ........................................................................ S 10.00 each W:\I99S\9S091 'chla\td70119,doc --..-- 1 6 B II-of COLLIER COUNTY Professional Engineering Services The attached letter agreement dated June 26, 1997 to renew for one year the Fixed Tenn Professional Services Agreement Contract #95-2422 by: - Johnson Engineering, Ine.. 2640 Golden Gate Parkway, Suite 216 Naples, FL 34105 and the attached negotiated rate schedule is hereby accepted. by: Date . " Ijl.iJiì¡;_ ,~. . Û/' ,,:p~~t:. ,:.~roCk. Clerk :P( :: ':r."~ý':",t" ,7' 6f~~~~ ~_/:'~"" ~?utYClerk y.ufi l <". . ~ ~Í' App,roved ,as· toY onn and "~%~~'è;¡<Y: Ji!w " """~~ c. - Assistant County ttorney T A Dfscfsigpage ~ COLUER COUNTY GOVERNMENT SUPPORT SERVICES DMSION 3301 TAMlAMI TRAIL EAST Purchasing Department NAPLES, FL 84112 (941) 774-8425 6B 11 RECEIVED JUl - 1 1997 A CERTIFIED BLUE CHIP COMMUNITY June 26, 1997 Johnaon Engineering, Inc. Suite 216 2640 Golden Gate Parkway Naples, Florida 34105 Attention: Mr. Forrest H. Banks, President RE: Contract #95-2422 -"Fixed Tenn Profeuional Engineering Services" Dear Mr. Banks: Collier County has been under Contract with your company for the referenced service for the past two years. The County would like to renew this contract for one additional year in accordance with the renewal clause in the agreement If you are agreeable to renewing the referenced contract, please submit a current rate schedule and indicate your intentions by providing the appropriate infonnation as requested below: y/ I am agreeable to renewing the present contract for Fixed Tenn Professional Engineering Services under the same terms and conditions as the existing contract. A current rate schedule is provided. I am not agreeable to renewal of this contract. Continued. . . This contract has multiple vendors, if all vendors agree to renew, the contract will be renewed with no further notice. If one or more vendors fail to indicate renewal intentions, the commodity/service may be placed out for bid at the end of this tenn. " IIA ,.<.,~ 1 6811 I Johnson Engineering, Inc. June 26, 1997 Page 2 of 2 RE: Contract *95-2422 -"Fixed Term Profnalonal Engineering Servlcea" If you are agreeable to renewing the contract, said renewal wiD be consummated upon receipt of a County Purchase Order for this renewal period, COITI1lef1ång September 26, 1997 and ending September 25, 1998. ,I j Your prompt attention is urgently requested. Please return this letter to the Purchasing Department, with your response, no later than July 11, 1997. If you have any questions you may contact me at 941 m 4-8425. Very truly yours, ..' ," ~tJ,~ Stephen Y. Carnell, CSM Purchasing Director ,Î Acceptance: J~~'lnc. B. (j Signature Forrest H. Banks, Chairman Typed Name and Title (Corporate Officer) Tom Donegan. P.E.. Projeá Mlnager, OCPM ~,I: _,JJl.---.....--..-.---- -- .~ ---,--..--.- , . RATEsauAB. EFFECTIVESEPTEMBER I, 1994 OFFICE PERSONNEL En~\1' ~v ~1V En:inccrm Encin=r n Encinccr I Sunqcr V ~iv Sunqcr tn Surwyac- n Sunqcr 1 .' ..' $ 110.00 Per Hour $ 94.00 Per Hour $ 80.00 Per How- $ 72.00 PCI' HOW' . . $ 64.00 Per Hour $ 56.00 Per Hour )f Jj~~ . ¡.; $ 94.00 Per Hour $ 80.00 Per Hour $ 70.00 Per Hour $ 64.00 P~ Hour $ 56.00 Per Hour 1i Project Dittctot Planner Projea~n Project Senices 1 . $ 94.00 Per Hour $ 64.00 Per Hour $ 52.00 Per Hour $ 4J.00 Per Hour r'o,"", . ,;~'; "'.~ . ~ - j~ f.caJcpt IV F.coIopt tn f.caJcpt n f.coloeist 1 $ 82.00 Per Hour" $ 64.00 Per Rout $ 52.00 Per Hour $ 42.00 Per Hour t. T echrûci.Q VI T echniåata V r echnic:iaa IV T~in TecImååan n T c:chniåaQ I $ 58.00 Per Hour S 53.00 Per Hour $ ~oo Per Hour- S 43.00 Per Hour S J8.OO Per Hour S .30.00 Per Hour ~Wbcsl' $140.00 Per Hour ";'·t , FŒLD P AR.TIES Two Man Þuty Three MaQ Put)' FOI.U ~ ~ $ 80.00 Per Hour $ 94.00 Per Hoar $104.00 Per Hoar. . "~.,, - '. ' .~.; . 't,,: -. . ~:'. . .~ "1\ '~"":: .' . , PRINTS Cœc MATERIALs Cost AU. OTHER SEIlVlœs . Cosc Tdq>~ cha~ ~nd cround ~ ~incrudcd in .1xM: rá~ '. : './"¡' ,.',:'" . .0" ~ . . .~~, ~~. .,:''.' ··,8:~:~: . " ":.:: ;;~'~ ~. ... 4.:" ,.. . ",_ ¡'r ., ., ''';i~-¡';' ~ .. :' .....~!R~~::' "~:.f1~: : , '" ':;..-...'.t~·~. ", . ·:·...·:..~~I·· .... .. ... .' ......... ., . :. ::"': '~~ ' ::1~f" ;¡" :..... ;.J'" ..' t:.t ~~;~~.. ~ .... :~!.,.......-.. .. ..... . .' .... " .. .. ~". . . ~ ~ .~ .. .,.." ',' .' . ..... 1 68 II"' COLLIER COUNTY Professional Engineering Servfces The attached letter agreement dated I1D1e 26, 1997 to renew for one year the Fixed Tenn Professional Services Agreement Contract #95-2422 by: Wilson, MilJer, Barton and Peek, Inc. Wilson Professional Center, Suite 200 3200 Bailey Lane at Airport Road Naples, FL 34105 ~'\. . and the attached negotiated rate schedule is hereby accepted. by: Date Timoth ¡<'j/ F.J ¡) . ..\~ &ftest: ',p~~ E. Brock, Clerk ".,'" " ,~(,~ / ;,:' :,;,:~y;/~. ~~~. -: : "," .~ DeputyClerk r/.:2.1~? r" l ~ '~ '/ ' -:.. .0-;" : ~.. . . :tr ~,;·.~pp¡'oved as.~~onn and . ~~ ,Légal SY'f1iCièn." cy: ~ . I' '...:H ì"'~ .D --1!112M (. ~~ Assistant COWlty Attorney .J T ADlsc/sigpagc H IEC E (Ÿ E [J ,. ~ 1681 ~ ~ JUL 2 89"' COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DMSJON 3301 TAMIAMI Purch.uing Department NAPLES, FL 34112 (941) 774-8425 A CERTIFIED BLUE CHIP COMIfUNITY June 26, 1997 Wilson, Miller, Barton and Peek. Inc. Wilson Professional Center Suite 200 3200 Bailey Lane at Airport Road Naples, Florida 34105 Attention: Mr. Clifford H. Schneider, VICe President RE: Contract #95-2422 -"Fixed Term Pro_alonaJ engineering Services" Dear Mr. Schneider: Collier County has been under Contract with your company for the referenced service for the past two years. The County would like to renew this contract for one additional year in accordance with the renewal clause in the agreement Continued. . . If you are agreeable to renewing the referenced contract, please submit a current rate schedule and indicate your intentions by providing the appropriate information as requested below: / x I am agreeable to renewing the present contract for Fixed Term Professional Engineering Services under the same terms and conditions as the existing contract.. A current rate schedule is ~::i::~greeabæ to rerM!Wal of th~ con~~-:~' :t:-] J~.. ¡ This contract has muftiple vendors, if all vendors agree to renew, the contract will be renewed with no further notice. If one or more vendors fail to indicate renewal intentions, the commodity/service may be placed out for bid at the end of this term. -,-' 1 68 11 f Wilson, Miller, Barton and Peek, Inc. June 26, 1997 Page 2 of 2 RE: Contract #95-2422 - "Fixed Tenn Professional Engineering Services" If you are agreeable to renewing the contract, said renewal will be consummated upon receipt of a County Purchase Order for this renewal period, commencing September 26, 1997 and ending September 25,1998. Your prompt attention is urgently requested. Please retum this letter to the Purchasing Department, with your response, no later than July 11, 1997. If you have any questions you may contact me at 941m4-8425. Very truly yours, ~.,~4 Stephen Y. cÍ'mell, CSM Purchasing Director . ¡~: -'\'. ~;, Acceptance: By: " Fermin A. Diaz, P.E., Senior Vice President Typed Name and Title and Chief Operating Officer (Corporate Officer) Date: ~ø/ 19b cc: Tom Donegan, P.E., Project MINIger, OCPM ~~ _~~.Œ>ftl~-...._ ..~~---- - 1 bB 11 t ER COUNTY CONTRACT NO. 9S.24~2 ,. "i"vcED TERM PROFESSIONAL ~GlNEERING SERVICES ~. WMB&P PROFESSIONAl RATE cooe SCHEDUlE . September 1997 September 1998 ~~ Classification Rate Unit ENVIRONMENTAl 1052 Environmental Consultant I 53.00 / HR , , ' 1053 Environmental Consultant If 69.00 / HR 1055 Environmental Consultant III . 80.00 I HR 1006 Environmental Consuftant rv 90.00 I HR 1007 Environmental Consultant V 108.00 I HR 1054 Senior Hydrologist 106.00 I HR lAND PlANNING 1019 Planner I 53.00 I HR 1020 Planner" 69.00 / HR 1021 Planner 11/ 85.00 I HR 1022 Planner IV 101.00 / HR lANDSCAPE ARCHITECT 1121 Landscape Architect I 51.00 / HR 1122 Landscape Architect II 69.00 / HR 1123 Land~cape Architect III 85.00 / HR 1024 Landscape Architect rv 101.00 / HR ENGINEERING . 1001 Engineer I 64.00 I HR 1002 Engineer" 69.00 1 HR 1003 Engineer 11/ 85.00 1 HR 1004 Engineer IV 101.001 HR SENIOR MANAGEMENTIEXPERT WITNESS 1005 Principal 128.00 I HR 1125 Expert Witness - GeneraJ 150.00 1 HR 1126 Expert Witness - Ouashludicial 180.00 I HR 1037 Expert Witness - JudJciaJ 200.00 I HR SUPPORT PERSONNel 1131 Technician 37.00 / HR " 1011 CADDlTechnician I 48.00 / HR f 1012 CADDfTechnician II 64.00 / HR , 1013 CADDfTechnician III 74.00 I HR 1132 Field Technician I 48.00 I HR 1133 Field Technician II 59.00 I HR 1130 Computer Graphics 75.00 I HR 1051 Computer Specialist 85.00 I HR 1074 Word ProcessorlRecords Technician 37.00 I HR 1 075 Administrative Asslstant 42.00 I HR EXPENSE ITEMS 1140 Off-Road Vehicle 105.00 / DAY 1141 Boat & Motor 30.00 I HR 1143 Concrete Monuments 15.00 I EA 1144 Traffic Counter 40.00 / DAY 1153 VehIcle Travel 0.31/ MILE 1154 Blue Una Prints 0.95/ EA 1155 Copies 0.10/ EA 1157 BondNellum Copies 0.55/ EA 1156 Myla~ 9.00 I EA ....,. E· ~MRS "I "" 16812 I AMENDMENT NO.1 COLLIER COUNTY BEACH RESTORATION AND MANAGEMENT PLAN PROFESSIONAL SERVICES AGREEMENT TInS AGREEMENT is made and entered into .1Us Ó of ~ h . ./ J 9 ~ by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and Coastal Engineering Cor.sultants, Inc., a Florida corporation, authorized to do business in the State of Florida, whose business address is 3 J 06 South Horseshoe Drive, Naples, Florida 34 J 04 (hereinafter referred to as the "CONSULT ANr) WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professionaJ engineering and surveying services of the CONSULTANT concerning identification of a new ~fTshore sand source for future beach maintenance needs for the ColJier County Beach Restoration and Management Plan (hereinafter referred to as the "Project"), said services being more fully described in Exhibit "A" attached hereto; and WHEREAS, on May 24, ] 994, the Board of County Commissioners approved a Professional Services Agreement with the CONSULTANT to provide professionaJ engineering and surveying services related to the Project; and WHEREAS, the need to identify a new offshore sand source requires the performance of additional services provided for in paragraphs 2.2 and 2.18 of the original agreement; and WHEREAS, the CONSULTANT has submitted a proposal for provision of these services; and WHEREAS, CONSULTANT represents that it has expertise in the type of professional services that will 1><: required for the Project. NOW THEREFORE, the Professional Services Agreement entered into on May 24, 1994 is hereby amended as follows: 1, Schedule B, Attachments B and C, shall be revised as contained in Exhibit "A" attached hereto. -"-""""'-"'--- 1681 2 , 2. Article Five, Compensation: Compensation by the OWNER for service rendered hereunder by CONSULTANT shalt not exceed an aggregate amount of $257,620,00 as provided in Ex!uòit "Aft attached hereto without an appropriate change order or amendment to this Agreement. 3. Other than the clw1gesladditions indicated in this Amendment, all provisions of the original contract are in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment to the Professional Services Agreement for the Collier County Beach Restoration and M~ment Plan the day and year first written above. . ~ u &J t'// .~: . .... , . :" ,ATIEST'I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. A POLmCAL !) ,co SUBDIVISION OF THE STATE OF FLORIDA t~;ft7 By ~~~ -'. timothy cock, Chainnan Appro~ed as to form and legal sufficiency: . ' ........ "of' ~. BY: ::-. -;.t "r '. . / '. . " ".. ;/; t"';, 11"\ \\\.;," ,)...1 a-;· ..... ,- . ~"" ~,J ~< Coastal Engineering Consultants, Inc. Byi!:::/£1:cG~ President nr~~ Witne 17J1i>o/ €. i3 e:e.¿ Typed or printed name ~~}'¥~ Witness ÚA\J~'ò t:: . W!2S{ö,J Typed or printed name (CORPORATE SEAL) HEH,julAMENDMENT 2 1681 ¿ ! . ~ COASTAL ENGINEERING CONSULTANTS INC CO<nfOl Engonaenng CIv1I EngonGemg Survev F nvlrt)nl"nØt1tol Peal £slole ApOfOlSOt ." -~..._- June 18, 1997 EXHIBIT "A" Mr. Harry E. Huber Project Manager III Office of Capital Projects Management Collier County Government 3301 E. Tamiami Trail Naples, fL 34112 Re: Proposal for ProCessional Servien - CoWer Couaty Beacb Restoratiou Project Post-Construction Services - P. O. No. .f03211 (4/17/96) CEC File No. 97001 (09060) Dear Harry: Pursuant to the above referenced agreement, we are pleased to present the following Revised Schedule B, Attachment C, Consultant's Estimate of Additional Services to assist the County in identifying a new offshore sand source for future beach maintenance needs. Scbedule B . AttachmeDt C ConsultaDt'. Estimate of Additional Services A.8.2 Provide Owner Authorized Additional Services A.8.2.1 Coordinate Agency Requirements A. Assist Owner in preparation and submittal of information to local, State and Federal agencies B. Administration $ 10,900.00 $ 6,380.00 A.8.2.2 Environmental and Biologic Monitoring A. Seismic and Sidescan Remote Sensing Surveys B. Biologic Diver Survey and Hardbottom Mapping C. Vibracore Sampling and Analysis D. Clam Shell Barge Sampling E. Magnetometer Survey $ 39,355.00 $ 35,440.00 $ 94,775.00 .. $ 20,925.00 $ 27,120.00 A.8.2.3 Surveys A. Hydrographic Survey B. Jet Probe Survey $ 15,195.00 $ 7,530.00 .' 3106 S, HORSESHOE DRIVE. NAPLES, FLORIDA 34104 . (941) 643-2324. FAX (941) 643-1143 ~ ·1Ii 16912~ Mr. Harry Baber JaDe 18, 1997 Page 2 EXHIBIT "'A'" Our estimated cost for these services is as follows: A.8.2.1 A.8.2.2 A.8.2.3 Coordinate Agency Requirements Environmental and Biologic Monitoring Surveys TOTAL ESTIMATE: S 17,280.00 S 217,615.00 S 22.725.00 S 257,620.00 (U This item is included as Q contingency to be utilized only upon further aurhorlzaJion, if determined to be necusary.) Charges for these services will be billed on a time and reimbursable cost basis, based on the approved Schedule B - Attachment B, attached hereto, which is made a part of this Agreement as if fully contained herein. Services beyond the scope presented herein can be provided as Additional Services and shall be authorized in writing by you. We trust this proposal is responsive to your needs. If you have any questions, please contact our office. Sincerely, CO~ E~G~G CONSULTANTS,INC. /¡Ytq~~ - Michael F. Stephen, Ph.D., P.G. President MFSlmcb Attachment (d: \pYrlmt'blnifsl9 7001 IM-fJ"OP'I,doc) ;, ~_ _ø.JlllWl",.llll- w,:w ~"-~""""~_11'''''--'_''__.''_'''__ -----~------_. -- -. 16812 \ . ." . SCHEDULE B - A1TACHMENT B F.XRTRI'J" itA" CONSULTANTS EMPLOYEE HOURLY RATE SCHEDULE CEC FileNo. 97.001 January 1, 1997 HOURLY RATES Principal Engineer I Scientist I Appraiser Associate Engineer I Scientist I Appraiser Contract Manager I Supervisor Project Engineer I Scientist I Appraiser Staff Engineer I Scientist I Appraiser Environmental Specialist Technician I Designer $ $ $ $ $ $ $ 120.00 90.00 85.00 75.00 65.00 60.00 55.00 Scientists include: Geologists· Chemists· Biologists· Hydrologists $ 50.oolhalf-day· $ 45.00 $ 45.00 $ 40.00 $ 40.00 $ 35.00 $ 75.00 $ 65.00 $ 85.00 $ 95.00 $ 75.00 $ 85.00 $ .10 leach $ I.sO/each $ 8.oo/each $ .25lmile $ 250.oo/day $ 12S.OOIday $ 7,Soo.00/month $ 3.0oo.oo/month $ 19.0011011 $ 120.oo/day $ 500.oo/month $ 2.000.00/month $ 120.oo/month $ 250.00/day $ 120.00/day ~MinJmwn) Draftsman Research Assistant I Appraisal Assistant I Tec:hDical Editor Lab Technician Construction Observer Word Processing I Document I Data Processor Principal Surveyor and Mapper Associate Surveyor and Mapper 3-man crew 3-man crew (psM) 2-man crew 2-man crew (PSM) Photocopies Blueprints Mylars Mileage Equipment Rental Hydrographic Survey "Laser Trak" - Standby "Laser Trak" DGPS Survey System - One Week Minimum Lease' Single Frequency Depth Sounder Thennal Paper E.D.M. Microtide Recorder (/ month minimum) Miniflow Recording Current Meter Wizard Processing Software Boat Off-Road Vehicle ("ATV'1 $ 2,300.oolweek $ ISO.oo/day .. Rl!imbursable FJMTUeS will be billed at cost Typical reimbursable expenses include: out-of-town travel made on behalf of the client relating to permits. aerial reconnaissance and photognphlc expenses. and prints. .. Subcontracts or Subcon.rultantr will be administered at cost plus 10"/.. .. lnvoicirw will be provided on a monthly basis. Statements arc due and payable upon receipt. If written notice Is not received within thirty days of receipt of invoice, such action will be construed IS 8CCCpWIce of charges as correct and accurate. .. &1n. on this schedule are guaranteed for one year from the date shown. i .. f.ór;.ert Witness fee negotiated separately. ..... ~ .' ~', ~ .:" ;.'~,,' - : /,~ 4J. ' ,,~'" f;. þ¡" t ..' ..' _~ :...... ~ ~... _ . -, ~~ -. ) ~ '. ~ .). ~~ .. _"XN'''__''·='~_'_~'~___'"''__'''''~''''_····'··"'''·~·' ....~.".._,-,._'_. . .."...,~,........~""",.._" -....-..'.",.'. -"..-._._-_._-~----- 16e13 r MI"" II 2~Q SECOND LEASE MODIFICATION AGREEMENT nns SECOND LEASE MODIFICATON AGREEMENT entered into this .?.J~y of , 1997 at Naples, Collier County, Florida by and between City of Naples Airport Authority whose ai in address is 160 Aviation Drive North, Naples. FJorida 34104, hereinafter referred to as "LESSOR", and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 Easi Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated September 28, 1993 (the "Original Lease Agreement") and a Lease Modification Agreement dated January 16, 1996; WHEREAS, the LESSEE and LESSOR are desirous of amending the Original Lease Agreement; and NOW TIlEREFORE, in consideration of the covenants and agreements provided herein and Ten Dollars ($10.00) and other valu.1ble consideration, said Onginal Lease Agrcement is hereby amended as follows: 1. The following shall be added to Article 2 of the Original Lease Agreemmt: If this Lease term, as modified, is not terminated or expired by September 29, 1997, this Lease shan automaticaUy renew for two (2) addíllonal terms of one (1) year each. 2, The following shaH be added to Article 3 of the Original Lease Agreement: Commencing on October I, 1997. LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of one thousand eight hundred and four dollars ($1,804.00) per month. If the annual rent is to be increased for the term beginning October I, 1998, LESSOR shaU advise LESSEE by October I, 1998 of any such increase. Said increase shall not exceed five (5) percent of the previous year's annual rent. 3, The foUowing shall be deleted from Article 6 of the Original Lease Agreement: AUTIIORITY. without warranting or guaranteeing either service or the adequacy of quality of same, will furnish the Demised Premises with trash dumpster service and the services of a night security force. 4. Except as expressly provided herein. the Original Lease Agreement, as modified, between City of Naples Airport Authority and Collier County for utilization of the premises described in said Lease Agreement remains in full force and effect according to the terms and conditions contained therein, and said terms a conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Second Lease Modification Agreement the day and year first above written. AS TO TIlE LESSOR: CJ1Y OF NAPLES AIRPORT AUTIlORITY BY~ ú... !L3Q.u"j!" ~:A~ J EPH A WDUNIAK, Vice ChaIrman BOARD OF COUNTY COMMISSIONERS, COLLIER COUNl Y, FLORIDA BY .Þ4t#~ 1ÍMO~i OCK. Chairman . DePoty Clerk "".. . ~, '¡: \' - Approved as to form and legal sufficiency: ~~V Approved as to form and legal sufficiency: r[~[~ Frank Kowalski Attorney, City of Naples Airport Authority Assistant County Attorney ..~ '. .' 2231380 OR: 2351 PG: 0067 ~ a IIIICœ. ... tt ISDI.". 1\ M/1tIfI It tt:.. .. .. 1m. am DC fa M.M tWIll 11.. ilK 1." P[o~ect: Parcel: Ra1to Road ~nase 11 146 1ItI: au .-an m "'1 ImI oma DEVELOPER CONTRIBUTION AGRE!K!NT THIS DEVELOPER CONTRIBUTION AGREEI1ENT (hereinafter referred to as the "Agreement") is made and entered into by .nd between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County") whose mAiling address is 3301 T.lIOi....i Trail East, Adølin1stration Building. Naples, Florida 33962. and NAPLES ASSOCIATES, an Ohio Ceneral partnership, its successors and assigns (her4!inafter referred to as "Developer") whose mailing address is 159 South Hain, Suite 530, Akron, Ohio 44308. R E C I TAL S: ~¡EREAS, the future four-Ianing of Radio Road from Santa Barb.ra Blvd. to S.R. 84 is listed as C.I.E. Project No. 16 under the Transportation Element of the County's Comprehensive Plan. Although Radio Road. CIE 16, is outside the current Five Year Work Prograll, froll a permi tting and cost lIallagement perspective, it is prudent and in the interest of the public for staff to initiate and complete the construction of the outfall swale within the life of the permits, in advllnce of the ro.dway construction frOll Santa B.rbara Blvd. to S.R. 84. WHEREAS, Ordinance No. 95-30, which a_nds Ordinance No. 84-21. Creen Heron, A Planned Unit Developllent, was approved by the Board of County Commissioners on April 18, 1995; and WHEREAS, the Deve loper is the sole record title holder of the property shown in Exhibit "A", which i. attached hereto and lIade a part hereof, (hereinafter referred to as the "Property"); and \o1HEREAS, Ordinance No. 95·30 requires that the Developer shall grant an casement associøted with the improvellents to Radio Road whose width would vary from 30 to 35 feet for drainage purposes, more particularly shown in Exhibit "B", which is attached hereto and made a part hereof, along the entire east boundary of said Creen Heron PUD (hereinafter referred to as the "First Contribution"); and WHEREAS, the Developer has previously platted in Plat Book 17, Page 93. Tract "I", the twenty-five (25') foot road right-of-way along the north side of that portion of Radio Road, which abuts Green Heron PUD (hereinafter referred to as the 'Second Contribution"); and WHEREAS, the Developer shall receive Road Impact Yee Credits pursuant to Ordinance No, 84-21 for the previously platted road right-of-way and the drainage easement; and ~IEREAS, County Road Impact Yee Ordinance No. 92-22. u amended, requires that the value of the First and Second Contribution shall be based upon an appraisal of market value of~he First and Second Contribution; and \JHEREAS, the County and Developer have caused the market value of the First and Second Contribution to be appraised; and WIIEREAS, both par ties to this Agreement acknowledge and accept that the value of the First and Second Contribution is ONE HUNDRED SEVENTEEN THOUSAND SEVEN HUNDRED EIGHT ($117,708.00) DOLLARS; as derived from an analysis of comparable sales of similar properties, between unrelated parties in a bargaining transaction; and """""--"'-^"'''~' .- ---_. .---.---- OR: 2351 PG: 0068 WHEREAS, in accordanc~ wi th Sect ion Eight: Amendments to TrefHc Improvements, Item One, as approved by Ordinance No. 95-30 states that Developer shall provide left and right turn storage lanes on Radio Road at the project entrance and the Developer shall deed compensating right-of-way to the County in exchange for the required turn lanes and median opening upon final plat approval or earlier when requested by Collier County. Item Two states the Developer shall pay e fair share contribution for eny other trefHc ways improvements inc luding turn lanes, median openings, end other si te _ re lated improvements under both the two-lane and the four-lane condition. in accord with any lawfully adopted regulations applicable to this project; and WHEREAS, it has been determined that ,3 acres is required to meet the above referenced stipulations; and WHEREAS, the va lue associ ated wi th the requi red st ipulat ions is TIlELVE THOUSAND FOUR HUNDRED SEVENTY-EIGIIT ($12,478.00) DOLLARS; and WHEREAS, it Is mutually agreed by both $12,/.78.00. required pursuant to Section Eight, total value of the First and Second Contribution leaving a balance of $105.230.00; and parties that the credit of shell be subtracted froll the in the amount of $117,708.00. WHEREAS, both parties to this Agreement acknowledge that the Road Impact Fee Credits established under this Agreement shall run with the Property, and shall be reduced by the allount of the Road Impact Fee due for each building permit issued thereon, until all such Credit has been exhausted, or until all development upon the Property has been completed; and WHEREAS. both parties to this Agreement acknowledge Road I..pect Fee Credits shall be a credit only against Road Impact Fees, end that such Credits shall not offset, diminish or reduce any other charges, fees or other impect fees for which Developer is responsible in connection with the develop..ent of the Property; and WHEREAS, such proposed plan is in confor..i ty wi th contemplated improvements and additions to the transportation network; and WIIEREAS, such proposed plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of any Road Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the transportation network; and WHEREAS, such proposed plan, viewed in conjunc tion wi th other existing or proposed plans, will not create a detrimental imbalance between the arterial and collector roadways; and WHEREAS, the proposed plan is consistent with the public interest; and WIIEREAS, both parties to this Agreement ecknowledge that the failure of this Agreement to address any permit, condition, ter.. or restriction shall not relieve either party, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said per~itting require~ents, conditions, terms or restrictions; and WHEREAS, both parties to this Agreement acknowledge that the burdens and benefits of this Agreement shall be binding upon and shall inure to the successors in interest to the parties to this Agreement; and WHEREAS, both parties to this Agreement acknowledge that this Agreement is not to be construed as a development agreement under the Florida Local Government Development Agreement Act. ....,.>~...-,._- OR: 2351 PG: 0069 ~ I T N E S S E T H: NO\ol, THEREFORE, for and in consideration of the premises and respective undertakings of the parties hereinafter set forth and the sum of TEN ($10,00) DOLLARS, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. The above recitals are true and correct and are herewith incorporated as a part of this Agreement. 2. The Developer has possession of the First Contribution, and at closing there will be no other person or entity in possession who has any right in the aforesaid First Contribution. The Developer knows of no defects in title of the First Contribution. The Developer is authorized to convey title to the First Contribution. 3, County has obteined e title certifIcate reflecting the record title holder of the Property and identified any lienholders having any lien or encumbrance affecting the First Contribution, 4, The Developer shall not encumber or convey any portion of the First Contribution or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the First Contribution or any part thereof, without first obtaining the written consent of the County to such conveyance, encumbrance or agreement. 5, The Developer shall convey to the County via Dreinage Easement and free of all liens and encumbrances, the First Contribution, more particularly described in Exhibit "B", The Developer has conveyed the Second Contribution, as shown in Plat. Book 17, Page 93, Tract "I", of the Public Records of Collier County, Florida. 6, In exchange for the First and Second Contribution, minus the credit for the required stipulations, as noted above, the Developer shall be entitled to a Road Impac t Fee Credi t in the amount of ONE HUNDRED fIVE THOUSAND TWO HUNDRED T!HRTY ($105,230.00) DOLLARS. Such credit shall be effective upon recordation of the Drainage Easement in the Public Records of Collier County, Florida. 7. Effective immediately, until development of the Property is completed, or until the balence of the Road Impact Fee Credit has been reduced to zero (0), the County shall apply portions of the Road Impact Fee Credit toward the Road Impact Fees which the Developer is required to pey for each building permi t which is applled for on the Property, reducing the balance of the Road Impact Fee Credit by the same amount due for each building permit so issued, 8, County shall provide Developer with a certified copy of this Agreement, including all exhibits attached hereto, such that Developer's certified copy of ExhibIt "C" (Road Impact Fee Credit Ledger), shall serve es the ledger sheet to docuøent Developer's balance of Road Impact Fee Credits. 9. \011 th each building permi t Issued on the Property, the County shall subtract from the Road Impact Fee CredIt balance the amount of Road Impact Fees approprIate to that particular permit and shall enter the new balance in the ledger column labe led Impac t Fee Credi t Balance. Next to this new credi t balance, both the County Official issuing the building permit and the Deve lope r' s Representat i ve applying for the building permi t shell print and sign their names. 10. Developer acknowledges that the donations or contributions contemplated under the Agreement shall be construed end cheracterized es work done end property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a right-of-way. -,~.<------- OR: 2351 PG: 0070 11. County shall record this Agreenent in the Publlc Records of Collier County, Florida, within fourteen (14) days of its execution by the Chairnan of the Board of County Comnissioners. 12. Either party to this Agreenent may file an action for injunctive rellef in the Circuit Court of Colller County, Florida, to enforce the ter.. and conditions of this Agreellent, said renedy being cumulative with any and all other remedies available to the parties for enforcement of the Agree_nt. 13. This Agreement .ay be anended or canceled only by the IlUtual consent of the parties to the Agreement or by their successors in interest, 14, This written Agreement, including all exhibits attached hereto, shall constitute the entire agreellent and understanding of the parties, and there are no prior to cnntenporaneous written or oral agreements, understendings, promises, wnrrnntics or covenants not contained herein, 15. This Agreement nay be executed in counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute but one Agreement, 16. Tlais Agreement is governed and construed in accordance with the laws of the State of Floridn. IN WITNESS WHEREOF, the County and the Developer have caused this Agreement to be signed on the day end year first written above. AS IQ.~: J I)AT~-rP'M...~.Y'-; /ý->,/ , If' ..ATTEST: " .! 'DliIG!!T E. SR'OCK: <:lerk ¿·L>~~ ~k-;¢- ':./ .. De~ty .~lerk J .~ :. .' \..~. A14'¡'i¡ DEHWhR: DATE: :J~ \0. ffiE: n ,/1- , / \.lJdb ~j ~.~ -A':J~ ~itness (Si . ature) Name ;'::;;'''16:' ¡('¡"'CJ'dC~ _ G:..".t:I.[ (Print or type) , tV\ ,(Ill \. l ~ cf \ì ~l \,;~y Witness (Signature) Name: M;c' h~\\a L. ~t.r(I"'" (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA an Ohio General By: ..M /1 ~ /?.¡& It laUL~ /' (ï59°9.T~gr (AdJ\r~lS) J . /11r/ð>I () Lf ð Lr'l3c6 STATE OF OU\O COUNTY OF ~ The foregoing Developer Contribution Agreellent was acknowledged before me this ~ day of :r~ ' 19q&' by :::rO~~. ~e.t"~ . general partner, on behaif of aples Associates, an Ohiq" general partnership. He is personally known to me or who has produced (Ill.) as identification. ~ ~ (Signa r" 0 Notary Public)- (affix notarial seal) Jl~ A.. tu~ (Print Na_ of Notary ~c.< IO.JNœ. NalllyPlØle NOTARY PUBLI C ........s-.« eo., SI! r ia l/ColM1i IS ion I: .. MItt ÅIIIICIIctDI\ Oit ApproF4 as t? fO¡ 'Art sufffcf~7Collldssion Expires_Owl.. I II ,&l*wo.c.-.,. ,,( d<. . /-tA. I ~ oa : ,... "ftt r"", ,.... '1/ !!"I. _.........., E ~ ~If:':!\.... \~~ ....-...---"--- OR: 2351 PG: 0071 EXHIBIT "A" A parcel of land lying in Section 33, Township 49 South, Range 26 East, Collier County, Florida, lying north of County Road 856 (Radio Road) and south of Interstate Highway 1-75; being more particularly described as follows: Commencing at the southeast corner of Section 33, Township 49 South, Range 26 East, Collier County, Florida. Run thence NOO'14'28"W, 50.00 feet along the east line of said Section 33, to a point on the north right-of-way line of County Road 856, Said point being the Point of Beginning. Run thence along said north right-of-way S89'24'12"W, 2645.56 feet; thence 587'44'21"W, 440.02 feet; rt'n thence along the west line of the East 1/6 of the West 1/2 of said Section 33, NOO'06'26"W, 3104.22 feet to a point on the south right-of-way line of Interstate 1-75; thence along said right-of-way N87'55'16"E, 1917.87 feet; thence 1161.63 feet along the arc of a curve, curving to the right through a central angle of 05'51'20" at a radius of 11366.44 feet to a point on the east line of the aforementioned Section 33, said curve having a chord of 1161.13 feet and a chord bearing of S89'09'04"E, thence along said east line SOO'15'45"E, 550.02 feet to the East 1/4 corner of Section 33; thence continuing along east section line 500'14'28"E, 2561.68 to a point on the north right-of-way line of County Road 856 and returning to the Point of Beginning. Less and except the parcel of land that was conveyed by Warranty Deed to CHA Developers, Inc, and recorded on September 10, 1990 in Official Records Book 1557, Page 1381 et seq of the Public Records of Collier County, Florida. Less and except the parcel of land that was conveyed by Warranty Deed to Maxwell of Naples Corporation and recorded on Kay 17, 1994 in Official Records Book 1948, Page 0120 et seq of the Public Records of Collier County, Florida. Less and except the parcel of land that was conveyed by Warranty Deed to Reuven Haim Builders, Inc. and recorded on June 29, 1995 in Official Records Book 2074, Page 0012 et seq of the Public Records of Collier County, Florida. ,!'~;~~/~~/:'~: ~, { '/_; 'J'; .. (oj' '''y:~t'''''~' .~ .. \~'~'::')~y~. ·t~:' ~:·l<~tY":"Ã~~,~:~.~ t,~ '~~t·;;~~·\:;~.;: ,-4.', ...... -; -.: \' .. ",~ ': ,;¿ ',-,":, , 1,,1' "l... ....., ~, J~:::~f~X t"~~:~r ,.:.;1..:".~,~"";\ ~::,Y,~:~ ~1 ~~..: }'...., // f.·~ ',:"...JI. ....~i';~;; k~";,i:;,.t'·>r~' }Þ .t~ ..:; '~:' _,. ,r~. ~-; J '\~~:'-:. I;....?...~.... ...:-'o,,:'f" f,_., .,. '..~.J ~,~ ". . r' _. .,- ,,\,~" ,,~,'" {~~r~1Ø:¡t , ~ ~~ .', .....,. i'O'Y.·f-~ ,~x; ~f~:Y~~j: ''/''/ ~F~~~ :¡¡..' ;;. .."t'.1'r:·...·:;i;..(r~ -.:......"4 Ã~"" " .i- .. .;.. I" , .,:: '~r";-' ..~ : ~"·¡'~,..t J: t" ~.~ .¡.(/..Jj,'/~ .:~, ,~~:?:;~}l·:{:: ~/.,ri~,~:~~ ''''-r;''< 'L:~"l~'~ ~/ ~~;~ ~'~ - ·r~~' if f;'- ~-,j<' ,~'1 ./~ . , . ~ ~; <' ¡..:....... : ., i.;.. .~". '> Ôí.~': ,;~"lfi::·· ...._.,.~_:'....,."'-, OR: 2351 PG: 0072 SECTION 34, PRo'£CT: NO. 650JI P ARC£I.: '41 FOlio 10029 28000/3 TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LAND DESCRIP TlON EXHIBI T 'B" DRAINAGE: CASEMCNT DCSCRIPTlON RCWSCD Ø/2/Ø4 A DRAINAGE: EASEMENT LYING IN SECTION JJ, TOWNSHIP 49 SOUTH, RANGE 26 fAST, COW£R COUNTY, FlORIDA, SAID DRAINAGE CAS£MfNT SEING MORC PARTlCULARL Y DESCR/BfD AS FOlLOWS: COIrIMENC/NG A T THE SOUTHCAST CORNER OF' THf SOUTHE:AST OUART£R (SEll") OF' SAID SECTION .J.J; TH£NCE: NORTH OO'.JJ'OJ" £AST ALONG THf EAST LINC OF' SAID SOUTHE:AST OUART£R(SEI/") FOR A DISTANCE: OF' 75.01 F[£T TO AN INT£RSfCTlON VrlTH THE EXISTING NORTHE:RlY RIGHT-OF'-WAY LINE: OF RAOIO ROAD (C.R. 856), THf POINT OF BEGINNING OF THf HfREIN DE:SCRISED DRAIfIAGE E:AS£MENT; THENCE: SOUTH 89·5.J'12" WfST ALONG SAID NORTHERLY LINE: 'FOR A DISTANC£ OF 0,67 F£(1; THENC£ NORTH 89·"8'2.J" WfST CONTINUING ALONG SAIO NORTH[RLY LINE: FOR A DISTANCE: OF .J".JJ FfE:T TO AN INT£RSfCTlON WITH A l/Nf J5,oo Ffn WfSTERL l' or AND PARALLEL IWTH THf SAID fAST LINE: OF' THf SOUTHfAST OUAR TrR (SEI/4) or SECTION JJ; THfNCE NORTH OO'JJ'OJ" CAST ALONG SAID PARALLfL LINE: FOR A DISTANCE: OF 1125.22 FEE:T: THENCE: NORTH 06"15'4'" E:AST FOR A DISTANCE: OF' 50,25 FE:E:T TO AN INTrRSE:CTlON I'IITH A LINE: JO,OO FE:E:T WfSTrRlY OF' AND PARALLE:L I'IITH SAID EAST LINE: or THE: SOUTHE:AST OUARTF.R (SfI/4): . THE:NCf NORTH OO'JJ'OJ" fAST ALONG SAID PARAlLE:L LINE: FOR A DISTANCE: OF '.MI.BI' FfE:T TO AN INTrRSCCTlON I'IITH A LINE: JO,oo FE:£T WfSTfRLY OF AND PARÄlLEL I'IITH THE fAST UNf OF THE: NORTHE:AST OUART£R (NfI/4) OF' SAID SE:CTlON JJ: THE:NCE: NORTH OO'JI"J" fAST ALONG SAID PARALLfl LINE: FOR A DISTANCE or 5.52,19 FEET TO A F-OINT OF' INT£RSE:CTlON IWTH A NON- TANGENT CUR\If: FRO'-4 WHICH THE: RADIUS POINT BfMS SOUTH 0476'41" WfSr. SAID INTrRSE:CTlON SONG I'IITH THE: SOUTHERLY RIGHT-OF'-WAY UNE: OF' INT£RSTATE: 75; THE:NCE: E:AST£RLY ALONG SAID SOUTHfRLY RIGHT-OF'-WAY LINE AND ALONG SAID CUR\If:, CONCAVE: SOUTHERLY, HAWNG A RAOIUS OF 11297.18 FE:n. A CE:NTRAl ANGLE: OF 00'09'09' FOR AN ARC DISTANCE OF ,)0.07 FEE:T TO A POINT OF INT£RSECTlON I'IITH A NON-TANGENT LINE:, SAID UNE: BflNG THC EAST LINE: OF' THf NORTHE:AST CUARTCR (NEr¡..) OF' SAlO SECTION JJ; THENCE SOUTH OO'J"IJ" WfST ALONG SAID CAST LlNf FOR A DISTANCE OF' 550,10 FE:E:T TO THE: NORTHEAST CORNeR OF' THE SOUTHCAST OUART£R (SEI/4) OF' SAID SE:CTlON JJ: THENCE SOUTH OO·.)J·OJ" WfST ALONG THE CAST LINE: Of' SAID SOUTHE:AST OUARIE:R (SEr¡..) FOR ... DISTANŒ OF 25J6.81 FEET TO THC POINT OF' BE:GlNNlNG; CONTAINING 2.259 ACRCS OF lAND, IJORE: OR LESS. SU8JfCT TO E:ASE:lJfNTS ANO R£STRlC7JONS OF' RECORD. ,-.."" 1.0 I.() CO ci (j ........ Q « o 0:: o èS « 0:: EAST UHC OF NORTHCAST OUART£R (NE IJ OF SCCTlON J3-49-2tJ S OO'JJ'OJ"W 25J6,81 ~ N OO'JJ'OJ"E 10361.8' N OO'J,"J"f ~52.19 A - OW'OS" R - 112g7.16 A - 30.07 CH .. 30,07 ,CH8 - N B57B'f4:W SOOTHE:RlY RIGHT-OF-WAY UH£ OF IN T£RS TA 1£ 7~ N 06'15'41"ë 50.25 NORTH£RL Y RIGHT-OF-WAY UN POINT OF COIrIMfNC£1JCNT SOUTHfAST CORNE:R OF SOUTHE:AST OUMT£R (S£ V OF seCTION JJ-411-26 --.::J-Z--c::::J SCALE: 1" - 50' BCMrNGS HERCON ME BASCO ON THC SOUTHE:RL Y LINE: OF THC SOUTH~ST OUARTE:R (swi) OF' SCCTlON 36, TOWNSHIP 411 SOUTH. RANGE: 25 £AST S£AA/NG SOUTH 811'56'28" CASr (AŠS1JMF.O), SKETCH AND DESCRIPTION PREPARED 8Y, NOT A SURVE::" ~ M ../. I?ICHARD L: '.¿~D' P.LS. , 2..74 ?/7/tj'l- _NOU Ar ~K_ ,..,..... ' , I ~.... ......... . ..... _,.... ..... ....... .... ... ,... ....... ,..., .... ...... '" -- ........... .. ..... .... -. .. .....,...... ... ~ II. __ '''''''__111 - DA TE:: FILE NO:.....2.!l..JfL ACAD NO: 79JO-49 OR: 2351 PG: 0073 EXHIBIT "C" DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER IMPORTANT: Thi. Road Impect Fee Credit Ledger i. intended to document the balance of Road Impact Fee Credit. applying QMLX to the following property: A parcel of land lying in Section 33, Township 49 South, Range 26 East, Collier County, Florida, lying north of County Roed 856 (Radio Road) and south of Interstate Highway 1-75; being more particularly described as follows: Commencing at the southeast corner of Section 33, Township 49 South, Range 26 East, Collier County, Florida. Run thence NOoo14'28"W, 50.00 feet along the east line of said Section 33, to a point on the north right-of-way line of County Road 856. Said point being the Point of Beginning. Run thence along said north right-of-way S89°24'12"W, 2645.56 feet; thence S87°44'21"W, 440.02 feet; run thence along the west line of the East 1/6 of the West 1/2 of said Section 33, NOoo06'26"W, 3104.22 feet to a point on the south right-of-way line of Interstate 1-75; thence along said right-of-way N87°55'16"E, 1917.87 feet; thence 1161,63 feet along the arc of a curve, curving to the right through a central angle of 05°51'20" at a radius of 11366.44 feet to a point on the east line of the eforementioned Section 33, said curve having a chord of 1161.13 feet and a chord bearing of S89°09'04"E, thence along said east line SOO'15'45"E, 550,02 feet to the Eest 1/4 corner of Section 33; thence continuing along e£st section line SOoo14'28"E, 2561.68 to a point on the north right-of-way line of County Road 856 and returning to the Point of Beginning. Less and except the percel of land that was 'conveyed by Warranty Deed to CMA Developers, Inc. and recorded on September lù, 1990 in Official Records Book 1557, Page 1381 et seq of the Public Records of Collier County, Florida. Less and except the parcel of land that 'oMS conveyed by Werranty Deed to Maxwell of Naples Corporetion and recorded on May 17, 1994 in Official Records Book 1948, Page 0120 et seq of the Public Records of Collier County, Florida. Less and except the parcel of land that was conveyed by Warrenty Deed to Reuven 8aim Builders, Inc. and recorded on June 29, 1995 in Official Records Book 2074, Page 0012 et seq of the Public Records of Collier County, Florida. Beginning Balance . . . . . . . . . . . . . . . . ($105,230.00) DAn PERMIT NO. lOAD IMPACT I"'ACT '11 'EES DUE CIEDIT .ALAHCI Dr~ELoprl RIPft~~[NrATI\t CO\1llTY O'FICIAL (SIC"ATUlr, ~"'""_._~--" s s s s s s I s s -I ! I S S s 'I s s t s s . r I. ~. ~,-... ~.--.... CSICHATUHf. ·.....,---- 'Proj ec t: Ps!:"ce1: OR: 2351 PG: 0074 Radio Road Phese 11 146 DRAINAGE EASEMEYT THIS EASEMENT, lIade and entered into this JØ: day of .... ¡, 19$ by Naples Associates, an Ohio general partnership, having mailing address of 1099 flns tlasie"al T-ow~ Akron, Ohio 44308 as Crilntol". and 'S.....~ksJc Collier County, a political subdivision of the State of Florida, hll\'lnt a 15'1 s.~ma1lin& address of 3301 East Taldaml Trail. Naples, Florida 33962 its el SUccessors and assigns, as Crantee. ~~ ~'~I (Wherever used herein the terms -Crantor- and -Crantee- include all the parties OJ..¡' to this instrUlllent and thair respective heirs, legal representatives, 11 10 Successors and essigns.) "7'1JL6~ U I T N E SSE ~ H: Grantor, for and in consideration of TEN DOLLARS ($10,00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which Is hereby acknowledged, hereby conveys, grants, barga ins and se lIs unto tIlt' Grantee. a pttrpetual, non-exclusive, license, and privIlege to enter upon eno to install and maintain drainage and utili:y facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land. place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainege and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN UITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first ebove written. ~~¿~"~-~~~ Witness ignatur Name :.:J{I£(/i ,¡f1£6/N6n!. ¿UIfoJI.¡,r (Print or type) an Ohio Genera 1 \' ,'. f, '.J'\ \( I. ¡ .... " ~ \ ~. ~) "-< Witness (Signaturp.) Name: H,('11I'(II L Mtrr;~ (Print or Type) By: neral Partner and Address: ,John ~ Stl'!i nhauer: (Print or Type) 15Q ~ Main ~trel'!t. Suite 530 (AddressÒ Akron, H 44308 , . OR: ,2351 PG: 0075' STATE OF 01-1 \0 COUNTY OF ?JM....r\ The foregoing Drainlge Easement was ackno'/ledged before me this ~ day of ::r...\, , 19~ by :J'ðlh. ~. ~c.""l..r.vcr , general partner. on behalf of Naples Associates, an Ohio $eneral partnership. He is personally known to me or who has produced (,J/"J as identification, (effix notariel seal) ~~~~~ (Si;P Notary P~bl1C) M ÍG""c.c.. A. ~11~C£ {Print Nallle of Notary p~"'1CUNCE. ~PIb'Ic NOTARY PUBLIC RatIIIInot.8wnmII CoIrIty Serial/Commission I: "Møt.Alfadlclon.OIIo My Commission ExpIres: Mf~ExpþaOac.2S,199S ttt OR: 2351 PG: 0076 ttt EXHIBJ T 'A " SECTION 34, TOWNSHIP 49 SOUTH, RANGE COLLIER COUNTY, FLORIDA LAND DESCRIP nON PRO£CT' ,"0 ~s;..! PARCEl.: . 4; robo ¡'::2;"~¿è. 2ô £/..57" DRAJNAC( CAS(M£NT DeSCRIPTION R£VlS(O i/2/i.. A DRAINAGE: E:ASE:ME:NT L. \'1NG /101 S(CTlON JJ, TOrvNSHIP 49 SOUTH, RANGE: 26 (AS r, COWE:R COUNTY, FLORIDA, SAJD DRAINAG£ £ASeM(NT B£INCi /,lORe PARTlCULARL" DE:SCR/SE:D AS FOlL.OWS: COMME:NCING AT THE: SOUTHeAST CORN£R or THE: SOUTHeAST OIJART(R (SrJ¡4) :,r SA/D SE:CT/ON JJ; THE:NCE: NORTH DO'JJ'OJO (AST AL.ONCi Tl1e £AST LIN( or SA; SOUTHE:AST OUART[R(SrJ/4) FOR A DISTANCE: OF 75,0' r((T TO AN INTE:RSE:,:r:,'. MTH THE: (¡(¡STING NORTH(RLY RIGHT-or-WAY' LINE: OF RADIO ROAD (C.R, 8515" '_;; Po.NT OF BE:GINNING or THE: H(RE:IN D£SCRIS£D DRAINAG£ £AS£IoI£NT; THE:NCE: SOUTH 89'5J"2° I'It'ST ALONG SAID NORTHE:RL Y LINE: 'FOR AD/STANce G' (i ~ ~ FE:U; THE:NCE: NORTH 89'48'2Jo I'It'ST CONTINUING ALONG SAID "ORTH£RLY L''''E: rO" A DISTANCE: or J4,JJ rE:n TO AN INTE:RSE:CTION ~TH A L.INE: .J5,DO r££T ftE:srE;i'I.. :.,. A.NO PARAll.£L MTH THE: SAID £AST LIN£ or TH£ SOUTH£.AST QUARTeR (S£1/4) or SE:CT/ON JJ: THE:NCf NORTH OO'JJ'OJo (AST ,t,¡.ONG SAID PARAL.L.EL L.I.,¥£ FOR A DISTANC£ or 1125.22 FE:U: THE:NCE: NORTH 0615'4,° (A.ST FOR A DISTANC£ OF' 50.25 FE:(T TO AN INT£RSE:CT:)... ~TH A LINE: .JO,OO F'££T ~STE:RI.Y OF' AND PARAI.L(I. ~TH SAID (AST LINE: (,¡F ~M£ SOUTHE:A.ST OUARTE:R (SE:1/4):. . THE:NCE: NORTH OO·J.J·OJo eAST ALONG SAID PARALLCl L"vE: FOR A OISTAr," or , ~I,8J' F'E:n TO AN INTF:RSeCTION ~TH A llN£ .JO,OO FE:.F:T NEST£R!. Y or A,.,;; PARALLE:L WITH THE: eAST UN£ OF TH£ NORTHE:AST OUAI\TE:R (NE:1/4) OF SA.;; s~.=. ~'. JJ: THENCE: NORTH oO'J"'Jo £AST AL.ONG SAID PARALL.f:L L.lNe FOR A DISTA,.,C! :" 552,79 FfET TO A POiNT or INT£RSeCTlON ~TH A NON-TANGf);T CURVE: FRO... ,,_;_ ._£ RADIUS POINT BEARS SOUTH 0"76'",° ~ST. SAID INTE:RSE:CT/ON SE:/NG WIT", ,..¿ SOUTHE:RL Y RIGHT-or-WAY UN£ or INTE:RSTAT£ 75; THE:NCE: E:AST[RLY ALONG SAID SOUTHeRL.Y RIGHT-or-WAY LiNE: AND ALO",C S;:'; .~..: CONCAVE: SOVTHE:RLY, HAVING A RADIUS OF' 11297,'6 F'E:(T. A ceNTRAL A"'C.£:" 00'09'09" F'OR AN ARC DISTANCE: OF' JO,07 F'E:E:T TO A PO'",T OF' INTE:RSE:CT,':,-, /, '_ A NON- TANCE:NT LINE:, SA/D LINE: 8e/NG THe (AST LINE: OF' THE: NORTME:AST C,.A:? '£;. (1'1(1/4) OF SAID SE:CT/ON JJ; THE:NCf: SOVTH OO'J"'Jo I'It'ST AlONG SAID (A$T LINE: F'OR A DISTANCf: or 5~~ '. FCfT TO THE: NORTHE:AST CORNCR or 7HE: SOU7HE:AST OUARTE:R (5(1/4) OF SA,;; ~I.:' ~', JJ; THE:NCE: S()IJrH oo'JJ'OJo ~ST AlONG TH£ £AST llN£ OF' SAID SOUTHEAST ...~A" '". (S£I/+) FOR A DISTANCE: OF 25J6.8' r££T TO TH£ POINT or 8CCINNING, CONT....ININr; 2.259 ACRE:S or L.ANO, MORe OR L.ESS. SU8J£CT TO E:ASf:I.IE:NTS AND R£STRICT70NS or RE:CORD. E:....ST UNe OF' NOR7H£AST OUARTE:R (N! 1) 01' S(CT7ON JJ-4~-2ð S OO'JJ'OJow 25J6.81 N oo'J7"J°E: 552,79 ~ 101 oo'JJ'OJo, 1361." 101 06'7$"'0£ 50,2$ NOR 7H£RL. Y RICiHT-OF-WAY Ufo¡ POt"lT OF' COI.I"'(I.:::''''('. ' SOUT"'£'AS~ ~:;;".~:; or SQ'':T'''~~ S' :;...';"; '. or SE:CT/ON J~-4"-.~ -.J-Z--<==z SCALE: ," - 50' BE:ARINGS HE:RE:ON ....Re BASCO OH TH( SOUTHE:RL. Y LINe OF' THe SOUTH~ST O~A¡;' '£q ).., .' S£CTlOH J6. TO'frNSH/P ..~ SO<.I7H, RANce 25 CAST B£ARING SOUTH '9~6'28° i:AS' :,1,$:.....:_ SKETCH AND DESCRIPTION NOT A SURVEY PREPARED BY: aNOU ~:I- "'-ioooJ '''4IMo''' '101.....'" . ...... ........ "'" ..... ..... ... ... ~ .,....... '"A ........ ~ ... .... ,..........,.. .. .... ....... ... .....,..... "-" .... ... -=: l:::~ BY: OA TE:: riLE NO: 2;)0 A.:;"., .-'-., -----...1_ ..:... ......,..""""."- I I I I . -..., "".:: ~, ..:... '- ....- ~~ :- - ~ - ~ .....:. - "\ ;.; 4 ,."."""'.,-.....- ,.. . . 2231947 01: 2351 PG: 1486 --...ucœ _ tl CIWII ~ II 1'/I1m It 12:2" Ill. I, ." cu. ' -,. ",n proj ect: Parcel: Radio Road Phase II 146 1ItI: - ..., men II1II tlnCl DRAINAGE EASEMENT THIS EASEMENT, made and entered into this Jfi!!: day of ~ /. 19» by Naples Associates, an Ohio general partnership, having mailing address of HX)9 riru tr.uie"al Tou.., Akron, Ohio 44308 as Grantor, and '$.....k S.3c ColI ier County, a political subdivision of the State of Florida, having a IS~ ~~mailing address of 3301 East Tamiami Trail, Naples, Florida 33962 its cCI .L successors and assigns, as Grantee. ~('''~. Ak,,, I (Wherever used herein the terms ~Grantor" and "Grantee" include all the parties c>f' to this instrument and their respective heirs. legal representatives, JJ1,0 successors and assigns.) 7 'fJC6M ~ I T N E SSE T H: Grantor, for and in consideration of TEN DOLURS ($10.00) and other valuable consideration p'1id by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpecual, non-exclusive, license, and privilege to enter upon end to install and maintain drainage and utility facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainage and utility facilities thereon, Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. 0, " 4· . h. ~J:u/~d:~' - .-u. .:, Witness ~natur;r Nallle :.J(Jll" /!t£/J¡'v6a. ta~lC (Print or type) V\'\~(\. t~ ~ , '..F \~ "-:'\~ Witness (Signature) Name: Hichl'/lo1 L . I'1trr; ¡( (Print or Type) an Ohio General By: G neral Partner Na e and Address: John s. St~inhauer (Print or Type) 15Q ~ Main Stre~t. Suite 530 (~~~~~~s¿H 44308 IS," ,lI ""-''''-- '-, STATE OF COUNTY OF' 01110 ~f\'" t1' OR: 2351 PG: 1487 The foregoing Drainage Ease~ent was acknowledged before me this ~ day of :r~li ' 191i. by ::fð." '!.. ~e.i"\.owcr . general pertner, on behlllf of Naples Associates, an Ohio ~eneral partnership, lie is personally knolom to me or who has produced (,Jf""J as identification. (affix notarial senl) '. THIS COnnAftCE ACCEP1Q If '- ¡ !O.\II) OF CQRn CØIu:$SI~" COlUtI, ~ w ~"g. 110. m~~-t1~ ; . >~' :noW) t¡(5)US) ~~. (Sign ure 0 Notary Public) M ic,\U.o... A. k:UrJc£ (Print Nlme of Notary ~ A. ICUNCE. HcJI!wyP\lJlc NOTARY PUBLIC ReaIdInca.SIIMII ean, 5erial/ColMlission n: a.WIda.Altd:lcn.OIb Hy COlMlission Expires' My~&øirw0llc.2S.1Q ... .. ttt OR: 2351 PG: 1488 ttt SECTION 34, PROLCT: "'0 65"J' PARCEL.: '~I' Folio "'.)02 {2/;. TOWNSHIP 49 SOUTH, RANGE 2ô EAST COLLIER COUNTY, FLORIDA LAND DESCRIP TlON EXHIBIT 'A" DRAINAGe EAseMENT DESCRIPTION REVIseD Ø/2/Ø" A ORAINACE: £AS£ME:NT L riNG IN SrCTlON JJ. TOWNSHIP .¡¡ SOUTH. RANG£: 26 E:AS T. COLLlE:R COUNN, F'LORIOA. SAID DRAINAGE £ASE:ME:NT B£:ING MORC PARTlCUL.ARL.Y' DE:SCR/SrD AS F'OLLOWS: CO/.IIJ[NCING A T THE: SOU THE:AST CORNE:R OF' THE: SOUTH£:AST OUAfUF:R (S£:I/4) ".. SAID seCTlOU JJ: THE:NCE: NORTH oo'JJ'OJ· CAST ALONG THE: CAST LINe OF' SA'.? SOUTHE:AST OUARTE:R(SO/4) F'OR A DISTANCE: OF 75,01 F'fE:T TO AN INTE:RSfCT,Q.'. IIITH THE: E:X/STlNG NORTHE:R"y RIGMT-OF'-WAY LINE: OF' RADIO ROAD (C.R, 856), 1,.,[ POINT OF BfCINNING OF THE: HE:RE:IN DE:SCRI8E:D DRAINAGE: E:ASrME:NT; THE:NCE S()(JTH 89·5J·I2· ~ST AI.ONG SAID NORTHE:RI. Y' L.INE: 'F'OR A DISTANCE: or () 67 FE:U; n';fNCf NORTH 89'48'23· I'I£ST CO"'TlNUING AL.ONG SAID f'IOR THE:RL. Y' lIf'lf "0'- A DISTANCE: OF J4,JJ FEU TO AN INTE:RS£C;TiON WITH A LIf'lE J5,OO F'E:E:T IfE:ST£P~' ", AND PARA"LEL. 'MTH THE: SAID E:AST UNE: OF' THE: SOUTHE:AST OUARTE:R (SE:I/4j OF seCTION JJ: TH£:NCE: NORTH OO'JJ'OJ· £AST ALONG SAID PARALLCL. UNf: F'OR A DISTAl-I" OF' '725,22 FE:U: THF:NCE: NORTH 06'5'4'· fAST F'OR A DISTANCf OF' 50.25 rE:fT TO AN INTE:Rs£;r'J'" WITH A UNE: JO,OO F'£fT ~STE:RLY OF' AND PARALLEL. WITH SAID CAST LINE O. r,..[ SOUTH[AST OUARTrR (SE:1/4): . THE:NCE NORTH OO·JJ'OJ· E:AST AL.ONG SAID PARAL.LCL. I.If'lf F'OR A DISTA"'C.E or 1 )õr,e" F[fT TO AN INTE:RsrCTiON WITH A LINE: JO,OO rE:E:T I'I£STE:RL Y OF' A"';:' P,A.RALL£L Þ'IITH THE: fAST UNF: OF THE NORTHfAST OUARTE:R (NE:1/4) Of' SAI,:) S[':;., ~... JJ: THE:NCE: NORTH OO·J"IJ· fAST ALONG SAID PARA"LE:L LINE: rOR A DISTANCE: :F 552,19 F[H TO A POiNT OF'INTE:RSE:CT1ON WITH A NON-TANGE:NT CvR'Æ rRO... ¡,_:_ ._:: RADIUS POINT eF:ARS SOUTH 0476''''· ~ST, SAID INTE:RSE:CTION BE:ING WIT... -M¿ SOUTHERLY RIGHT-OF'-WAY UNf OF' INTE:RSTATE: 75; THENCE EASTE:RLY ALONG SA/D SOUTHCRLY RIGHT-OF"-rtAY' L.INf AND AL.O"'::; S"'; ~~..,:: CONCAVE: SOU THERL. Y. HAYING A RADIUS OF' 71297.16 F'(CT, A C(NTRAL. .......C.[ :;:- 00'09'09· FOR AN ARC DISTANCE: OF' .30,07 FE:[T TO A POINT OF' INT£RSfC,iC,.... 1.'_ A NON-TANGENT LINE:, SAID UNE: 8E:ING THE: fAST L.IN£ OF' THE: NOR'THE:AST (j..,"'R~f.;' (NEI/4) OF' SAID SfCTlON JJ; THfNC£ SOUTH OO'JI'IJ· I'I£ST ALONG SAID E:AST L.IN£ F'OR A DISTANCE OF' 55:' ':' rfET TO THE: foIORTHE:AST CORNE:R OF' THE: SOUTH£AST OIJARTE:R (S£I/") Of' SA.,:) sr.C,,:.;.... JJ: THF:NCE SOU TH OO·JJ·OJ· I'I£ST ALONG 1M£ £AST L/N£ OF' SAID SOIJTHE:AST ",,,,Arl '<'i, (S£1/4) rOR A DISTANCE Of' 25~.81 FE:(T TO THE POINT OF' 8fGINNlNG; CONTAINING 2,259 ACRE:S OF' LAND. MORE OR LESS. SUBJ£CT TO E:ASfl<lE:NTS ANO RESTRICTIONS OF' RECORD. .--.. --- ..:..... .:.::: . ' '-' '-- ~ ~ C. '=. EAST UNE OF NORTHEAST OUARTER (N£ i) OF seCTION JJ-"g-28 S OO'JJ'OJ·w 25J6.81 .,IJ .! ~ ...o.: 75,:)7 ~ N OO'JI'IJ·E: SS2,7g ~ N OO'JJ'OJ·£' 1361.8/ N 06'75'4'"( 50.25 NORTHERL Y RIGHT-OF-WAY U,., POmT OF' COIolIol£'" "I<IE:'" ~ SOUTHEAST COR"f.Fo OF' SOI.)THfAsr O..A" ':~ OF' SECTI\)N .3J- 4~- ~o --.:J-Z--c:::I SCALr: 1" - 50' .~; , BEARINGS HE:R[ON ARE: BASCD ON THE SOUTHE:RLY liNE: OF' THE: SOUTk~ST O",AF<rE:R ~s..; J S£CnON .36. TO'IrNSHIP ,,¡¡ SOUTH, RANGe 25 £AST B£ARING SOUTH 811'56'28· E:AST (ASS",,,,':':', SKrrCH AND DrSCRIPT/ON PREPARED BY, NOT A SURVE:" ~ f..¡,(_~ ~ICHARD L. ~riD. P" S, , L 4'. 'l/7! 9f aHOU ~:I- ........, '- I ~n. ,........ .. ...... IIW"IIIIPWII ...... ...... ... ... ... ........ "-& ....-. ...... ,,- ............ ....... ... ~ .. ............. ,......" -. III I.., - 010.1£: F'lLE NO: .19]Q ACA~ "'0 :t.r.. .-.. "-' - ::::; " '... - 16820 NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 1 to the Agreement dated May 14, 1996 (hereinafter "AGREEMENT") is made and entered into this ,;J3~ day of ~~k , 19.i2, by ./ and between the Board of County Commissioners for Collier County, Florida, a pOlitical subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Hazen & Sawyer, P.C., a New York corporation, authorized to do business in the State of Florida, whose business address is 2101 Corporate Blvd., Boca Raton, Florida 33431 (hereinafter referred to as the "CONSUL TANT"). WITNESSETH 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 5 MGD EXPANSION (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: 1 1 682 0 f ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitJed "Schedule of Fees For Basic Services (B attachment A) and Consultant's Estimate of Additional Services (B attachment C)", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. 2 --""...".",~,._",,-_.. ... ~---- "'-~""-~"-"""'''-'"-'''-'''''''''''~'"'"--''''"'''''''''-~''--''~''''''',"---"._""-".',,, 1 682 0 ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION the day and year first written above. A TTEST: (As to Chairman) .~ . " . \', '..' ì ~ " , ~.". ~ VI '. (('. t· ". ,; ','f' , ' - BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ". . :~~ ~'. ;...... f"'. ~~:, '~: '.~, ,: ~'. /' ~. C . j'ì ::tiQ~7j ~~~~~Ierk "?.:1;1 /' ',)~ . S'!~~~ .' Approved as to form and legal sufficiency: C~~~ Assistant County Attorney Hazen & Sawyer, P.C. .A~4· Witness' By: 7~ 0.~ Witness 3 4..__............___. ". --'I - '"""'''''''~'''""._-..._,,,,,-_..._-,;,~,,,,,,,,,,;.,,--"----,,--,_.,-"--..-..,--.. ..- . ~ 'I " ~.'~ ' . ....:. ~~,~"';5~-J;" ," '. .. ~. ;.~., ...~.. - , ,/ ;{,-; ;," ¿' .. \.~." .,,-: ....- ..\ , ~, ' ~:.r': . :.:~ /;1 " ':,};, ,", , ) .'-: ... -'. . ~: f.~. l~ ",.¡ , , . ~, -fJ" . J- '':, ,. < , ,.;. .". .¡. ..-. ". ~\ '.r, ~'~~:,/ .--"$( "",\::¿t t ..~. '. ..' \ "\,1"; .'1'" '"f'" ,,;,}"~: 'l-1/ ,.{ ,. -''¿ ,~"J-~.' ¡,J.. ¡ ;:,,,.~ ¿"i,i' :'....,..,~ " 'J ,J .. \"j :;<~; :i~'! ;,-¿;j ~";,I ;í:'i !');;:; .,.~~~j\ J .' ~~~r -" .\' 'I"':\, ,·;"'f· , ~. ...... -. " ,'~'. :')' 'é"~ :..-; ~~.:> A~ '7~ " ;~ :; , , ", L /,¡, .... I' 't, . .-, , '..;.{ ~"; ... ",f .:.: .. .. ' ~'~~~ ·.)~·S., .......;;> ..: .~ ./. 'ì"'·t·... "-,:, ,'1:- ; t~'· .... ~: /' ,(....:0- j :~-: '""\ :r>~'f ,:.(', I.....' :.;.-" .. t' ~,:" . !. ' . ... >".'~';" ,..'.f' "I,~j ;,~ I 1>.... ,,:" ~'.l:,' ,- ~' .~, .J'. ..., ,~.-ft '/i_:·,~·.i..". ~ ....,1..0#- '. .;: ~:' -~ : -, . '. .' ~ ", .' . '1' i . HAzEN AND SA\WER Environmental Engineers & Scientists 16820 Hazen nI Sawyw, P.C. 211» Corporal. BMI. Boca Raton. Fl33-C31 561997-8070 Fax: 561997-8159 August 13, 1997 - FIaim7e1U.S. Mal- Mr. Pets Schalt COWER COUNTY PUBUC WORKS OFFICE OF CAPITAl PROJECTS MANAGEMENT 3301 Tamiami Trail East Building 0 Naples, Florida 34112 NCRVVWTF 5-MGD expansion Contract AmlndIMnt No.1· Schedule A Dear Mr. Schalt: This letter is written pursuant to our correspondence to you dated July 23, 1997 regarding Contract Amendment No. 1 for the NCR'hWTF S-MGD Expansion Project. At a meeting attended by representatives of the County, Hazen and Sawyer and Hole, Montes and Associates, Inc. (HMA) on July 28, 1Q97, the County chose to delete the Reuse Pump Station Modifications from the scope of the 5-MGD Expansion and address this work under a separate contract with HMA. As such, you have requested that we revise the Contract Amendment No. 1 engineering fees to include a credit for the portion of Reuse Pump Station design work not yet completed. ~ we discussed following the July 28 meeting, Hazen and Sawyer has completed approximately 85 pen::errt of the project de~ign. Given that the sum of engineering fees for an design tasks (Phases A.1, A.2 and A.3 of the Consultanrs Agreement) Is approximataJy 6.5% of the estimated construction cost, and that the estimated construction cost for the Reuse Pump Station modifications is $236,091, the credit for the uncompleted design effort is $2,303.00. The PnaI Design amount shown in your July is, 1997 spreadsheet (copy attached) of engineering fees is $689,433.00. Taking into account the above referenced a'8dIt, the revised Final Design amount would be $687,130. This credi1 requires a change be made to the language of Schedule A (Scope of Service) of the original Professional Services Agreement. Under Item A.0.1 on page NCRVwWTF5ME-26, second paragraph, change the fourth sentence to read ·...The fee for Phases A.1 to A.7-9 of this project shall be eqlJal to 11.5 percent of the estimated constn.rction cost of the project (the sum of Bid Packages NO.1 and 2, including a 10 percent contingency anowance) minus $2,303.00 (aeãrt for unfinished portion of reúse pump station mo<frfications design).· 4245L006.BCA PIeto Yoot, NY . ..".... NY . -.y NY . ~ ~ ",-, IU . DoIIOII." . .....IIC . CIwtoII.IIC . F_, VA . 1IDI\'Wa, FI. . ........ A. . ftrI,_ Ft. . ....... A. . s.-. Ft. _ ...... A. ~~ _."....__..~-,..~-----...~..,~,. 1 682 0 c HAzEN AND SAwYER Mr. Pete Schalt August 13, 1997 Page 2 of 2 If you have any questions or require additional information, please can me. V,ry truly yours, HAZEN AND SAWYER, P.C. tLQ .1>µ~ Kurt A. Pfeffer, P.E. Project Manager Enclosure c: Gary Bors Bert Vidal File 4243 - 1.2 .~ 424~.OOtlBCA 16820 ' SCHEDUlE B -ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES CONTRACT AMENDMENT TOTAL PHASE CATEGORY ORJGINAL NO.1 TO-DATE A-1 Design Report $110,000 SO $110,000 A-2 Preliminary Design $585,000 SO $585,000 A-3 Final Design TBD $687,130 $687,130 A-4 Construction Bid Services TBD $50,000 $50,000 A-5 Contract Administration TBD TBD TeD TOTAL $695,000 $737,130 $1,432,130 4243C018,BCA:08-18-97 ---- ""'".,""...-,..,....-.. 16820 SCHEDULE B . ATTACHMENT C CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAI1..ED OBSERVATION OF CONSTRUCTION) CONTRACT AMENDMENT TOTAL PHASE CATEGORY ORJGINAL NO.1 TO-DATE - A-ô Detailed Observation TBD TBD TBD A-7 Additional Services TBD 18D TBD A-7.1 Operations Manual Update TBD TBD TBD A-7.2 Operator Training TBD TBD TBD A-7.3 Process Startup Assistance TBD TBD TBD A-7.4 Prepare Permit Applications $10,000 $1,765 $11,765 A-7.5 Surveying $25,000 $0 $25,000 A-7.6 Laboratory Testing & Geotechnical $10,000 $30,000 $40,000 A-7.7 Reproduction $5,000 $0 $5,000 A-7.8 Photographs TBD TBD TBD A-7.9 Postage TBD 18D TBD A-7. 10 System Integration Assistance TBD 18D TBD A-7. 11 1-Year Follow-up Assistance TBD TBD TBD TOTAL $50,000 $31,765 $81,765 .' 4243C018.BCA:06-18-97 ~, " - ------- ~'".'...."'~,""""."'.~-'...._"--~"""'.."...,'"-..,,,,-_.,,.,-",._-~,.,--.,--,- ,... L S .. S 0 z Q 0 UJ . en :; c W .. a: .. :I C :I L .. 0 Z 0 . 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Z 0.)( Q L .............................. .................,.......,.........,.......,.........,...,......, ~ w.. 8 ~ lj :'.~:......~ r'··,'..~,',·,',·.......··..·:..,·~..:..~.. ~:::::::.:..':~:::':,'~~::::~~:~:::~::~:::,..~::~::::~..,:~:..,.::~::~:: ffi ~ ~ :....., ~:, .......~ ,":: :~~. ~'~,".: ~:.,'" ~~~: :::: ..::~: :::~~:~:::~ ~~~~'::~ ~~:~: ::::~:::::::~::': ::: :::~~::::: :::~ ~: ~::,:: -&hOc ::10 ¡Q" ~ : .,.., ,,', ..,.":,:,,.~:,.',..~:..:.::~::~::::::::::..::..::,.::::::::.:::~:::::~::::::::..::....:::::~,:...~:::~.~:::..:::~,.::::: o g:ll ~ ~:~,~:"."~':' ~: ~ ~ ~..'~ ~:.:~ ~~:::~,':,'~ ~~'~:::.~::~~ ::~ ~~:~::~::..::::,.::::::::::::::::::::: ~:::::::,.::::::..~::. ~::~.'~ Q. c ...............................,.......,..........,......,........,.......,....,.,...............................,.., a: :II ..,',..,..".,.,..,.,....,."..."".."".,......,...........,.,."..,..,..,..................,.......,..........,.. o ',....."..,.....,",.........,.,.".......,..,..",....,.......,....,.....".........,.."..,....................... z ,."...................."..................................................,.......,.,..............,... ............................. r. .........................n...................................... o z ............................................................................................................ o ·························..···..........n................................................................. . ... ........................................................................................................ c ....................................................................................................................... ....................................................................................................................... f? . r '.I ... J ,! . . ! . ... 1- :J Á ,SÁ . I .~ ' N j I J ,1 CI) ,- ~' ø; ~, ~ J I ~ ,..., ,.; '.t .t ~'j ·;if: 'W 'w ' w J! §, ~ Æ t' :~ ' :~ ; ~ l~ ~ d: (/) a.. :0.. ;0.. i i9 ..UI Q~ ---- ìl ~ð f 0.. !' J ~. t.-j. " c' :.!o.' ':':0 J J j f!'!' j J J " , ~ i· .'¡' . !H , ~ 16C 2 . , AGREEMENT FOR MEDICAL EXAMINER SERVICES TIllS AGREEMENT FOR MEDICAL EXAMINER SERVICES. (Agreement), made and entered into this"; 3~day of ~ r k 1997, by and between Marta U. Coburn, M.D., FJorida /~ District 20 Medical Examiner for Collier County, FJorida, doing business as District 20 Medical Examiner, a Florida Corporation, hereinafter calJed "MedicaJ Examiner" and the Board of County Commissioners of Collier County, FJorida, hereinafter ca1led "County." WHEREAS, Dr. Marta U. Coburn was re-appointed FJorida District 20 Medical Examiner for CoIlier County, Florida, on April 26, 1994, by Lawton Chiles, Governor of the State ofFJorida; and \VHEREAS, Section 406.06(2), Florida Statutes, provides that the district medicaJ examiner may appoint associate medical cxarniner(s) to provide medical examiner services at aU times and all places within the district and that said associate medicaJ examiner(s) shall serve at the pleasure of the district medical examiner; and WHEREAS, Section 406.06(3), FJorida Statutes, states that district medical examiner(s) and associate medical examiner(s) sha11 be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners in their respective district; and WHEREAS, Section 406.08(1), FJorida Statutes, provides that fees, salaries and expenses for the medical examiner's office may be paid &om the general funds or any other funds under the control of the Board of County Commissioners and that the district medical examiner shall submit an annual budget to the Board of County Commissioners; and WHEREAS, Section 406.08(5), FJorida Statutes, provides that autopsy and laboratory facilities utilized by the district medical examiner or associate medical cxarniner(s) may be provided on a permanent or contractual basis by the counties within the district; and WHEREAS, Collier County desires to contract with Marta U. Coburn, M.D., FJorida District 20 Medical Examiner, doing business as District 20 Medical Examiner, a FJorida Corporation, to provide medical examiner services under Chapter 406, Florida Statutes, as an independent contractor. 1 -- lóC2""" NOW, TIIEREFORE, in consideration of the mutual covenants, tenns, conditions and provisions contained herein, the parties do hereby agree as follows: SECTION I TERM OF AGREEMENT The tenn of this Agreement shall be fTom October I, 1997, through September 30, 1998. SECTION n PURPOSE AND SCOPE OF CONTRACTUAL SERVICES The Medical Examiner hereby agrees to furnish services. labor and all equipment not otherwise provided for, necessary for the complete performance of the services contemplated hereunder, to wit: to serve as Florida District 20 Medical Examiner for Coltier County, Florida in accordance with Chapter 406, Florida Statutes, and the standards promulgated by the F10rida Medical Examiner's Commission. SECTION III COMPENSATION AND PAYMENTS A. The County hereby agrees to compensate the Medical Examiner for services to be perfonned for the tenn of this Agreement, beginning on October 1, 1997, the amount of $20,783 semimonthly through September 30. 1998. B. Payments from the County to the Medical Examiner of the Compensation set forth in paragraph 3 "a" shall be made on the 15th and 30th days of each month. If the 15th or 30th of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be made on the next County business day. It is expressly understood that each semimonthly payment shall be made for the services furnished for the preceding period of time. A5 a condition of said semimonthly payment by the County, the Medical Examiner shall be in full compliance with Section VII of this Agreement regarding reports. C. The Medical Examiner agrees and understands that under the terms of this Agreement, a full professional staff (associate medical examiner(s) and laboratory teclmician(s) must be maintained in order to perfonn the medical examiner duties set forth under this Agreement and by Chapter 406, Florida Statutes. D. The County agrees and understands that the compensation provided for under this Agreement to the Medical Examiner is intended to cover the anticipated nonnaI activities/workload of 2 ,...~-^'"'~-" '''~ 16C2 . . the Medical Examiner, based upon past statistics and reasonable projections. The County acknowledges and agrees that the semimonthly compensation of the Medical Exanúner set forth in Section 111 of this Agreement has been estabJished without consideration of disasters or occurrences of an unusual nature or magnitude such as would necessitate extraordinary expenditure on the part of the Medical Examiner in fuJf1lling the obligations under this Agreement and Chapter 406, Florida Statutes. In the event of such disaster(s) or occurrences, the Medical Examiner shaU consuJt with and shall see~ but not necessarily obtain, the approvaJ of the Collier County Public Services Administrator or hislher designee, for any such expenditures. The Medical Examiner shall in all events retain the right to and shall then petition the Board of County Commissioners to reimburse the Medical Examiner for all extraordirwy expenses and compensation which are justified and incurred by the Medical Examiner due to said disaster(s) or occurrence(s). The Medical Examiner shall provide invoices and receipts in an itemized manner to support the petition to the Board of County Commissioners for extraordinary compensation and expenditures. Examples of extraordinary disasters or occurrences include, but are not limited to, aircraft, bus and boat accidents where a simultaneous large loss of life has occurred, hurricanes and other natural disasters, and any other disasters or occurrences caused by nature or human beings where a large loss of life is experienced. Upon petition of the Medical Examiner for extraordinary compensation and/or expenditures, and with the recommendation of the Public Services Administrator, the Board of County Commissioners shall determine, using a reasonable and objective standard, if extraordinary compensation and/or expenditures shall be paid to the Medical Examiner. ~TION IV FACILITIES AND EQUIPMENT A. In accordance with Section 406.08(5), Florida Statutes, the County agrees to provide and maintain, at no cost to the Medical Examiner, a facility and aU medical-laboratory related equipment reasonably required by the Medical Examiner to perform the duties as district medical examiner. All costs associated with maintaining the building and landscaping will be paid by the Medical Examiner. The County shall bear the cost of the Medical Examiner's facility . 3 ---...-------- 16C2 ...-, B. All capital equipment needed and budgeted by the County for use by the Medical Examiner shall be purchased by, and be inventoried through. the County as County property. The procurement of said equipment shall be approved by the, Public Services Administrator in accordance with the Collier County Purchasing Policy, upon submission of a requisition by the Medical Examiner. The Medical Examiner agrees to take reasonable care, maintain and repair any equipment provided by the County. The County agrees to include all equipment reasonably required by the Medical Examiner in the annual medical examiner budget submitted to the Board of County Commissioners for approval. C. Except as otherwise provided in this Agreement, the Medical Examiner shall be solely responsible for the payment of all normal and ordinary services, fees, and costs encumbered in the course of the Medical Examiner's office's operation. SECTION V PROFESSIONAL LIABll..ITY INSURANCE Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical Examiner for professional liability insurance. This payment shall be in addition to the semimonthly compensation paid to the Medical Examiner by the County under Section ill of this Agreement. M a condition precedent to the County paying for the Medical Examiner's professional liability insurance, the Medical Examiner shall present to the County an invoice evidencing the purchase by the Medical Examiner' of said insurance coverage. SECTION VI USE OF FACll..ITIES AND EQUIPMENT BY THE MEDICAL EXAMINER FOR HUMANITARIAN AND/OR CHARITABLE PURPOSES The Medical Examiner shall be allowed to use the County's facility and laboratory equipment for hurm.nitarian and/or charitable purposes provided that these purposes in no way interfere with the Medical Examiner's primary duty to serve as medical examiner for Collier County. M provided in Section 406.16, Florida Statutes, the County sha11 not be liable for any acts of the Medical Examiner not within the scope of the official duties perfonned for Collier County. The performance by the Medical Examiner of humanitarian and/or charitable services under this paragraph shall not be considered part of the official duties of the Medical Examiner. SECTION VII REPORTS 4 _~____. - ,.._".~___,..¡._iI. ~"'~"""~""______"___"'"C~"""________~_"~_~·"·'__ 16C2..-1 The Medical Examiner agrees to provide to the County a monthly report which shall include, minimally the fonowing: A. Numœr of an investigations and namtive reports for non-autopsy medical examiner cases; B. Number of all autopsies performed; C. Court cases and medica1lJega1 conferences, number and hours spent; D. Number of authorizations for aU cremations and burials at sea and anatomical dissections; E. Number of hours of scene investigations; F. Any other activities not descnDed above; G. The activity report shall be submitted by the 10th day of the following month to the County's Public Services Administrator. SECTION VIII 1YŒDICAL EXAMINER AS INDEPENDENT CONTRACTOR A. It is hereby stated to be the expressed intent of the parties that under this Agreement the Medical Examiner shall act exclusively as an independent contractor rendering professional services for the County in accordance with Chapter 406, Florida Statutes, and the Medical Examiner shall not be considered as an employee or agent of the County. The Medical Examiner shall be solely responsible for the payment of all applicable taxes for compensation paid to the Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not be eligible for, nor participate in, any fiinge benefits trom the County. B, The Medical Examiner shall be responsible for employing and providing by separate Agreement, independent of the County, all personal or other services neceswy for the performance of the duties and responsibilities under this Agreement and in accordance with Chapter 406, Florida Statutes. The Medical Examiner shall have complete supervision and control over said employees who shan not be entitled as a result of this Agreement to any benefits granted employees of the County, C. Pursuant to Section 406.16, Florida Statutes, the County shaJ1 not be liable for any acts of the Medical Examiner that are not within the scope of the officiaJ duties as medical examiner. 5 -~-_..._.- ~ .: ". .,}::':) .... ~- /. '" -. ;;, ., } .' , ., . ,~ ... , . ... - ~ ,. ,.. ".j't' .. r ....~ ~?~., I /.' · . !J ;:': I >t ~j · ... · . ) ¢> '. ;"'- ... 4 '. ~..:4, f~ ''1. . ;.;,. /)";.' /~~~. ..:..,.r.: ~':,J~ ~.'~~~ ~"I_: , ' J':-'-= ~:~¿~ ).~ ..\ ~~, .¡:, ,~~~,~~ , ' ''!{ ~ ( j,:".,¡; ~,"'~ I~ · :ì-:~!" · f.r.... ... '};""c;: · /,f '''.~)'' ...;' /'/ .'~~'f' "'~{.~: ~/;'.~ 'iJ:J ....1' ~., :.i~¡ :1--/ r ~~;~ · ;-.-, ~t.~, B~~ '~,ft4 .,- " )f:'! ;¡h ,....\,: , ""'7 )'~; :.i':;' ~1~; ~, '" 1"'\ ! ~ ~¡ ",~"'" ';/:, ..." ..; >ti~~ . ':;1:-~;(, ,:(~ . .¡~. '/0 ,J. :,;.. :,~. t4·.:i,~, .. . r"" ~,..,.\:../" ",_~ /'; .., <, .Þ'\ ~'.;: _" -: '. J.-~ ,,_-4. . 'i~" ......,:,·¡J~.1,....'I(jl.~'~.,'r...~.,..\l!..;. , '~""c',~_>,',,~,":.~ 7', . I ' ¡¡.;J.., ¡,- .._. "\ :;'"":,' '''~~..''r'',. :.".~i·¡:' of, ...,~";;. . './ ( " " ~. '- , , 16C2~~ SECTION IX NO PARTNERSHIP Nothing contained in this Agreement shalt create or be construed as creating a partnership between the County and the Medical Examiner. SECTION X NO DISCRIMINATION The Medical Examiner agrees that there shall be no discrimination u to race, sex, cotor, creed or national origin at any County facilities provided under this Agreement and with regard to the provision of the services of the Medical Examiner contemplated by this Agreement. ~ECTlON XI COMPENSATION FOR MEDICAL EXAMINER EXPERT TESTIMONY IN COLLIER In addition to the compensation provided for in Section 111 of this Agreement ûom the County to the Medical Examiner, the Medical Examiner shall be paid by the County for expert testimony relating to medical examiner services peñonned in criminal cases pending in the Collier County courts. Expert testimony furnished by the Medical Examiner shall be compensated at a rate of $125,00 per hour and shall be paid upon the presentation of a motion for payment of said expert witness fee £fom the state attorney, public defender or court-appointed counsel. Notwithstanding the foregoing, compensation to the Medical Examiner for expert testimony in Collier County criminal proceedings occurring during the course of any particular calendar day shall not exceed $550.00. SECTION XII NOTICES All notices £fom the County to the Medical Examiner shall be deemed duly served if mailed by registered or certified mail to the Medical Examiner at the following address: Office of the Medical Examiner 870 6th Avenue North Naples, Aorida 34102 All notices from the Medical Examiner to the County shall be deemed duly served if mailed by registered mail to the County at the following address: Public Services Administrator 3301 East Tamiami Trail Naples, Aorida 34112 6 ...... ~ , ,_"~,_._."_,,.'<I' 'ill .......1<>...._"""""~"~.., ",._~""",,,__,,___,,",,,_,_O""~'___'_."'~<~__·~··__ 16C2 · , The County and the Medical Examiner may change the above mailing addresses at any time by giving the other party written notification within 1 S days of said mailing address change. All notices under this Agreement must be in writing. SECTION XIII NO IMPROPER USE The Medical Examiner will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purposes, or for any purpose in violation of any federal, state, county, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Medica1 Examiner, the County shall have the right to suspend this Agreement with the Medical Examiner. Should the Medical Examiner fail to correct any such violation within twenty-four hours after receiving notice of such violation, such suspension shall continue until the violation is cured. SECTION XIV INDEMNIFICATION The Medical Examiner, in consideration of ten dolJars, the receipt and sufficiency of which is accepted through the signing of this document, shall hoJd harmJess and defend Collier County and its agencies and employees from all suits and actions, including attorney fees and all costs of litigations and judgments of any name and description arising out ot: or incidental to, the perfonnance of this Agreement or services perfonned thereunder. The Medical Examine(s obligation pursuant to this provision shalJ not be limited in any way by the agreed-upon compensation under this Agreement or the Meåica1 Examine(s limit of, or lack of, sufficient insurance protection. The first ten dolJars of compensation received by the Medical Examiner under this Agreement is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the negligence of Collier County. SECTION XV TERMINATION AND CONTINUITY OF SERVICES A. This Agreement may be tenninated by either party upon ninety days written notice to the other party by Registered Mail, return receipt requested. The parties shaI1 deal with each other in good faith during the ninety-day period after any notice of any intent to tenninate has been given. 7 -_.~_.__. --_.~._-_. ~..- 16C2" . Either party may tenninate this Agreement immediately for reasonable cause, upon written notice to the other. Reasonable cause shall include but not be limited to: (I) Material violation(s) of this Agreement; (2) Suspension or revocation of the Medical Examiner's license to practice medicine or other disciplinary actions taken against the Medical Examiner by the Florida Medical Examiners Commission or similar regulatory authority; (3) Revocation of the Medical Examiner's appointment as Medical Examiner for FJorida Medical Examiner District 20; (4) Any violation of the Medical Examiner's duties as required under Chapter 406, Florida Statutes; (5) Repeated and/or prolonged absence(s) trom office substantialJy affecting the performance of the duties of the Medical Examiner under this Agreement; (6) The death of the Medical Examiner; (7) Physical and/or mental incapacitation of the Medical Examiner substantially affecting the performance of the duties of the Medical Examiner under this Agreement. B. In the event of a termination of this Agreement by the County, the County sba1l onJy be required to pay such compensation to the Medical Examiner as she may be entitled to for services perfonned until the time oftennination. SECTION XVI AMENDMENTS This Agreement may be modified by amendment at any time provided that such amendment is in writing and signed by both parties. SECTION XVII A TIORNEY FEES In the event of any litigation arising under this Agreement, the prevailing party shaD be entitled to recoup attorney fees and all costs of litigation trom the non-prevailing party at both trial and all appellate levels. 8 -..--.,---.-.....---..... ...."."..="'"........_-""~-_....-_._.._...--.__.."-~,.,.._~,,.._,_.."".-.;..__.~,--,.,"._'".. .,.- - 1 6 C 2 .. ,\ ",~ IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first abo . "'. \1. \H ~ ¡¡ Of " ve ~tteh. {', . ,.... .... . :.' ~ A~co"'f:" -..:. '''/". V 1'~":" ", { ." : ' _. , .;.1 I .,.,. ','.-A ' :·'DVßÇil{.f R'BROCK, CJ£RK II .. ,,:; , . 1~ ::-.>: \' First Witness ~A~~~ Signature ~~ ~;t\1'\~v' Typed or Printed Name Second Wi~ . ~. ~ S' ture ~ t>:x. bl)!:> I to ~ Typed or Printed Name Approved as to fonn and ?jCcien<y (' ~. ¡u... ~A,A)avid C. Weige County Attorney -- BOARD OF COUNTY COMMISSIONERS :~ Timothy . MEDICAL EXAMINER ~éú~(uJJ Marta U. Coburn, M.D. Medica] Examiner Florida District 20 9 ..; 3 STANDARD CONTRAcr BETWEEN COLLYER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALm 16e 3 Pursuant to Chapter 154, Florida Statutes this contract is entered into between the Department of Health, hereinafter referred to as the "department", and ColJier County, hereinafter referred to as the "county". This contract stipulates the services that will be provided by the ColJier County Health Department, hereinafter referred to as the CHD, the sources and amount of funds that will be committed to the provision of these services, and the administrative and programmatic requirements which will govern the use of these funds. This contract also defines the respective responsibilities of the department and the county in enabling the CHD "to promote, protect, maintain, and improve the health and safety of the citizens and visitors through promotion of the public health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." I. General Provision: Both parties agree that the CHD shall: A. Provide services according to the conditions specified in Attachment I and all other attachments to this contract; and B. Fund the services specified in Attachment II, Part Ill, at the funding level specified for each program service area in that attachment. II. Federal and State Laws and Regulations: Both parties agree that the CHD shall: A. Comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III; B. Comply with the provisions of 4S CPR, Part 74, and other applicable regulations if this contract contains federal funds; C. Comply with all applicable standards, orders, or regulations issued pursuant to the Clear Air Act as amended (42 USC 1857 et seq.), and the Federal Water Pollution Control Act as amended (33 USC 1368 et seq.), if this contract contains federal funds and the total contract amount is over $100,000; and D. Comply with applicable sections of Chapter 427, Florida Statutes, (l'ransportation Services) and Chapter 41-2, Florida Administrative Code, (Coordinated Community Transportation Services) regarding the provision of transportation services for the transportation disadvantaged if this contract contains any state, federal or local funds which are used to provide for direct or indirect (ancillary) transportation services. 1 -"--~ '",._".,_..,_,____......-;o¡_"___;"'''''.."_".,''''...~_.~..'"'_,.''. ",.,,"~."----"'-~""",-,.p""...'~~~-'"~._,>~..~''' 16C 3 Ill. Records, Reports and Audits: Both parties agree that the CHD shall: A Maintain books, records and documents in aa:ord.an<:e with accounting procedures and practices which sufficiently and properly reflect all expenditureS of funds provided by the department, the county and other sources under this contract. Books, records and documents must be adequate to enable the CHD to comply with the fonowing reporting requirements: 1. The revenue and expenditure requirements in the State Automated Management Accounting Subsystem (SAMAS); The client registration and services reporting requirements of the minimum data set as specified in the aient Information Systeri1lHea1th Managcment Component (CISIHMC) Manual and any revisions subsequent to the January 1, 1984 version, or the equivalent as approved by the State Health Office. Any reporting system used by or on behalf of the CHD to produce the above information must provide data in a machine readable format approved by the department which can be transferred electronically to the aient Information System; The CHD is responsible for assuring that all contradS with service providers include provisions that all subcontracted services be reported back to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information SystemIHealth Management Component Manual and any revisions subsequent to the January 1, 1984 version; .. 2. 3. 4. Financial procedures specified in tbe department's Accounting Procedures Manuals, Accounûng memoranda's, and Comptroners memoranda's; All appropriate CHD employees shall report time in the aient Information SystemftIealth Management Component compatible format by program component for at least the sample periods specified by the department; and Any other state and county program specific reporting requirements detailed in attachments to this contract. 5. 6. B. Assure these records shall be subject during normal business hours to inspection, review or audit by state or county personnel duly authorized by the department or the county, as well as by federal personnel; C. Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contraCt in conformance with the retention schedules required in HRSM 15-1, "Records Management Manual", or the subsequent replacement if adopted during the contract period; D. Allow persons duly authorized by state or county, and federal auditors, pursuant to 45 CFR, Part 74.24(a), (b), and (d) to have full access to, and the right to examine said records and documents during said retention period; and 2 _..-'~,..."'..".._---,~'---"~.."" ~'--"'~ _.. .- -_._--. 16C 3 E. Include these aforementioned audit and record-keeping requirements in aU approved subcontracts and assignments. IV. Purchasing and Leasing Procedures: A. The CHD will adhere to the State of Florida purchasing rules and regulations except when purchasing or leasing through the county to obtain a better price or service. When purchases or leases are more cost effective through the county or by following county procedures a superior good or service can be acquired, the county procedures and regulations will be followed in their entirety. Copies of the State Purchasing Rules and Regulations shaU be maintained at the CHD and if any purchases or leases are made through the county system, the county procurement procedures must also be in place for audit and management purposes. When purchasing or leasing through the county system, the order and payment must be documented to note that county procedures were used because they were more cost effective. Any lease entered into by a CHD which utilizes county rather than state procurement procedures must be approved by action of the Board of County Commissioners. The lease must be voted on as an agenda item by the Board of County Commissioners prior to being signed by the delegated county officiaJ. Documentation of this approval, and the fact that all county procedures were followed must be maintained by the CHD. Procurements will be authorized by the issuance of afurchase order or the consummation of a contract prior to the acquisition 0 goods or services. Exceptions to this provision may be made as specified in department or county procurement directives. B. c. D. Both parties agree that the CHD shall folJaw general services operating procedures as specified in the department's General Services Procedures Manuals, General Services memoranda's, Department of management Services' procurement directives, and when operating under county authority all such county directives. V, Monitoring: Both parties agree that, as either determines necessary, the department and/or the county shall monitor the budget and services as detailed in Attachment II and operated by the CHD or its subcontractor or assignee. VI. Safeguarding Information: Both parties agree that the CHD shall not use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with the state law, regulations or manual (HRSM 50-2 Security of Data and Information Technology, or the subsequent replacement if adopted during the contract period) and federal regulation (45 CFR, part 205.50), except by written consent of the recipient, or hislher responsible parent or guardian when authorized by law. 3 -,......."~"_."..""'~,,..,- ,""";""--~'-_"'''''''''_-~ ,__,"_.___...._~ü'''''''''~,;.., _ 16C 3 VII. Assignments: Both parties agree that the CHD shall not assign the responsibility of this contract to another party without prior written approval of the department and the county. No such approval by the department and the county of any assignment shall be deemed in any event or in any manner to provide for the occurrence of any obligation of the department or the county in addition to the dollar amount agreed upon in this contract. AIl such assignments shall be subject to the conditions of this contract and to any conditions of approval that the department and the county shall deem necessary. VIII. Subcontracts: Both parties agree that the CHD shall be permitted to execute subcontracts with the approval of the delegated authority in the department for services necessary to enable the CHD to carry out the programs specified in this contract, provided that the amount of any such subcontract shall not be for more than ten (10) percent of the total value of this contract. In the event that the CHD needs to execute a subcontract for an amount greater than ten (l0) percent of the value for this contract, both parties to this contract must agree in writing to such a subcontract prior to its execution. No subcontracts shaH be deemed in any manner to provide for the occurrence of any obligalion of the department or the county in addition to the total dollar amount agreed upon in this contract. AIl such subcontracts shall be subject to the conditions of this contract and to any conditions of approval that the department and the county shall deem necessary. IX. Insurance: The County agrees to provide adequate fire and casualty insurance coverage for all furnishings and equipment in CHD offices and buildings. Buildings used by the CHD that are owned by the County, and all furnishings and equipment owned by the County, shall be insured through the County's insurance program, which shall be either a self. insurance program or insurance purchased by the County. For any buildings, furnishings a¡ld equipment used by the CHD but not owned or insured through the County, it is the responsibility of the CHD to obtain adequate insurance coverage either through the County, the state, or Department of Management Services approved private insurance carrier. X. Payment for Services: A. The department agrees: To pay for services identified in Schedule "C" of the operating budget (General Revenue and Federal), and reflected in Attachment II, Part II, as the State's appropriated responsibility in an amount not to exceed $ 4.091.423 : and the State share of all state authorized fees in an anticipated amount of $ 717.695. In addition, all "OTHER" state revenues from whatever sources to be appropriated to the County Health Department Trust Fund for services to be provided by the county health department in an amount of $ 379.598 . for a grand total State cash contribution of $ 5.188.716. The State's obligation to pay under this 4 16C 3 contract is contingent upon an annual appropriation by the Legislature. B. The County agrees: To pay for services identified in Attachment II, Part II, as the COUßty's responsibility in an appropriated amount not to exceed S 378.300. In addition, the county shall provide its share of all county authorized fees in an antiåpated amount of $ 449.666 . These amounts, plus any "onœR" local revenues in the amount of $ 66.984 . includes all revenues from whatever sources to be appropriated to the County Health Department Trust Fund for services to be provided by the county health department for a grand total county cash contribution of S 894.950 . XI. The department and the county mutually agree: A Effective date: 1. This contract shall begin on October 1, 192Z..or the date on which the contract has been signed by both parties, whichever is later. 2. This contract shall end on September 30, 1m. B. Termination: 1. Termination because of lack of funds: In t he event funds to finance this contract become unavailable, either party maj terminate the contract upon no less then twenty-four hours notice in writing to the other party. Said notice shaIl be delivered by certified mail, return receipt requested, or in person with proof of delivery. The department or the county shall be the final authority as to the availability of funds. Staffing and services shall be reduced appropriately. 2. Termination for breach: Unless breach is waived by either party in writing, either party may, by written notice to the other party, tenDÍnate this contract upon no less that twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested. or in person with proof of delivery. If applicable, either party may employ the default provisions in Chapter 13A-l, Florida Administrative Code. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of the contract. The provisions herein do not limit either party right to remedies at law or to damages. 3. Termination at will: This contract may be terminated by either party upon no less than ~ (30) days notice, without cause. Said notiCe shall be delivered by certified mati, return receipt requested, or in person with proof of delivery. , ..,......,.~~,._............---_.'--_.- --- - ".",-- 16C .3 c. Notice and contact: The department's contract manager for this contract is Owfes Koni2Sber~ Jr.. MJ¿. The county representative for this contract.is Commi~noer TimotI\y Hancock. In the event that different representatives are designated by either party after execution of this contract, notice of the name and Iddress of the new representative will be rendered in writing to the other party and said notification attached to originaJs of this contract. D. Modification: Modifications of provisions of this contract shall, unless otherwise specified in Attachment I, be enforceable only when they have been reduced to writing and duly signed by both parties to this contract. E. Name and address of payee: The name and address of the official payee to whom the payment shall be made is: County Health Department Trust Fund, Collier County, F10rida . F. All terms and conditions included: This contract and its attachments as referenced, (Attachment I through X), contain all the terms and conditions agreed upon by the parties. , 6 ............--._....~,... ' "..,.,............'''''''.-.--.... . .,_"""',..,_.....__,_,_,'_''',."...'...,''.,....,;"'''".....".,...''''...>--,,_.....~_''~.''''"''.<".'¥. ·,e ... 16C 3 In WITNESS THEREOF, the parties hereto haTe caued this S page contract to be executed by their unda Ii&.:kd oØldaJs as duly authorized. BOARD OF COUNTY COMMISSIONERS roRœ~ :=~: _~ ,» W : Sf ATE OF FLORIDA DEPARnŒNTOF~m SlGNJlDBY.~.j _~ (J>eparœeat AIdIIorit)') . .... ~~f c.":\ ~') "'~~E.~CLERK ..... .. ~~::.,.. ':. .... '. ',,!' " , : 'J. '''''I .}..o","" . 't.,.;L - ::;.BÿlJ··,·'··' \"3~'~:~;¡~ ...< <~~> . ..-;ì .. . ~f::'7Hl/?5' AssistaDt County Attoruey DATE: /ÒJILf/q'7 , '/77AU NAME: JUdaard G. "aliter. PIa.D. 1TIU: ~ ~~~ 0fIbr DATE: ~ SlGNJIDBY. d,.~ f- am ~ Admbdstntor ., ð.t? . NAME: Oaarla ICmñød en. Jr..M.D. 1TIU: Director. CHD DATE: ý'~/J'''?7 cc: Duid Weigel, County Attol'1le)' c:or978.tLdo 7 .. _""__","_~'""',_.""'"___";.........____,..._"".""..,_.<."_~,"F_,_,,,.'_"." 160 J Ar,:ry'API 'M"'HT , N"nr~,,,, t'H'IVlctl"~lq I. C"\lt1I~ ""nllft ~,,"rtmf'nl Tr1l"" ,,"nft, Both parties agree: A That all funds to be expended by the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. B. That all funds deposited in the County Health Department Trust Fund which are subjea to this contract shall be expended by the department solely for services rendered by the CHD as specified in this contract. Nothing shall prohibit the rendering of additional services not specified in this contract. c. That funds deposited in the County Health Department Trust Fund for the CHD in CoUier County shall be accounted for separately from funds deposited for other CHDs, and shall be used onty for public health department services in Collier County. If actual expenditures should exceed the total planned expenditure amount for either the county or the state as agreed to in this contract, the CHD will, by agreement between the department and the county, draw down from the trust fund balance, if any, to cover the excess expenditures, or wiIl cut back services to come within budget. D. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract, then funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is detennined each month and at contract year end. Surplus funds may be applied toward the funding requirements of each participating governmental entity 1D the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund and shall be accounted for in a manner which clearly Ulustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected 1ß Attachment n, Part I of this contract, with special projects explained in Attachment VIß:u 1) Funds designated for Special Projects must be used for capital projects and durable goods without significant recurring costs. Examples of projects meeting this criteria include construction and renovation of current facilities and associated infrastructure; purchase of infonnation system hardware/software and purchase of telecommunications equipment. Examples of items not meeting this criteria include grant funds for direct services such as tobacco prevention and provision of chiJd safety scats; staff salaries; retirement obligations; rcntJIeases and funds held in anticipation of Medicaid paybacb and/or budget reductions. The total amount of funds anticipared 10 be expended for speåaI projects duñng the contract year must be shown in Part 1 of Attacbmcnt n, of this Contract. This 8 ,...---.-- "-"-,,._- --- 16C 3 includes funds to complete unfinished projects from previous years as well as for projects initiated during the contract year. Expenditure for Special Projects must be recorded in SAMAS with the appropriate levelS Organizational Code. More detailed Special Project information, including description and cost by each project, must be listed in Attachment VIII. 2) A cash reserve of 12 percent represents approximately six weeks of operating funds. Ongoing cash reserves in excess of 12 percent should be programmed to services. E. There shall be no transfer of funds between the three levels of services without a contract amendment duly signed by both parties to this contract and the proper budget amendments unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for Health has approved the transfer. The Deputy Secretary for Health shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. F. That either party may increase or decrease funds to this contract by notifying the other party In writing of the amount and purpose for the increased/decreased funding, and allowing 30 days for written objection before the additional funds are released for expenditure or the state allocation is decreased. A decrease in funds must be related to a reduction, shortfall, or sequestering of anticipated appropriations. G. That the contract shall include as Part III of Attachment II a section entitled "Planned Staffing, Oients, Service and Expenditures by Type of Service within Each Level of Service". This section shall include the following information for each type of service area within each level of service: the planned number of full-time equivalents (FrE's) by level of service; the planned number of services to be provided; the planned number of individuals/departments to be served; and the planned state and county expenditures. Expenditure information shall be displayed in a quarterly plan to facilitate monitoring of contract performance. H. 'That adjustments in the planned expenditure of funds for each type of service within each level of service are permitted without an amendment to this contract. 1. That the CHD shall submit quarterly reports to the county and the department which shall include at least the following sections: 1. A transmittal letter briefly summarizing CHD activity year-to-date; 2. DE385Ll - "CHD Contract Management Variance Report; 3. DE580Ll - "Analysis of Fund Equities"; and 4. A written explanation of the variances reflected in the DE38SLl report for each quarter of the contract year if the CHD exceeds the tolerance levels as 9 ;!t: ~~<",~,":'<):':"i';,~,?(;"' ;\ ~ /:; c";: :,: '.,', '. ,:' '.. " '.,' " "',, ~' ,'.'., ,..'..'.' ...... _,,__ - ."..... II· .. -- -- 11- 16C 3 specified below as of the end of the quarterly report period: a. The cumulative percent variance cannot exceed by more than 2S percent the planned expenditures for a particular type of service or fall below planned expenditures by more than 2S percent. b. However, if the cumulative amount of variance between actual and planned expenditures for the report period for a program service area does not exceed one percent of the cumulanve planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. 5. The CHD Contract Management Variance Report shall: a. Explain the reason for the vari8nCe3 in expenditures in any program service area which exceeds the toler.mce levels established above; b. Specify steps that will be taken to comply with Ibe ~.d expenditure plan, including a contract ameodmcøt, ifDeC~~~oIIIJ, and c. Provide a timetable for completing the steps De«'SSaI J to comply with the plan. Failure of the am to aa:omplisb the ~ steps by the dates established in the wñtten expIanatioa sbaI1 coastituIC non-performance under the contract and the axmty 01' the department may withhold funds from the contraa or taJce other appropriate administrative action to achieve compliance. J. The required dates for the CHD director'S; administrator's quarterly report to the county and the department shall be as follows: 1. March 1, 1998 for the report period October 1,1997 through December 31,1997; 2. June 1, 1998 for the report period October 1,1997 through March 31, 1998; 3. September 1, 1998 for the report period October 1, 1997 through June 30, 1998; and 4. December 1, 1998 for the report period October 1, 1997 through September 30, 1998. II. Fees: A. Environmental regulatory fees: The department shall establish by administrative rule, fees for environmental regulatory functions designated in Attachment IV of this contract and coducted by the CHD. Such fees shall supersede any environmental regulatory fees existing prior to the effective date of the department's rule. The county may, 10 -"'-"'.."""....""''''''...,,- ~"'.."..."'.__-...,"""'...;""......."---_.......>""-""'~."..."..~~..,,. 16C 3 however, establish fees pursuant to section 381.0016, Florida Statutes, which are not inconsistent with department rules and to state or federal law, after consultation with the department B. Communicable disease servicc fees: The department may establish by administrative rule, fees for communicable disease services, other than environmental regulatory services, designated in this contract and conducted by the CHD. The county may establish fees pursuant to section 381.0016, Florida Statu~ which are not inconsistent with department rules and other state or federa1law. All state or federally authorized communicable disease services fees shall be listed in Attachment IV of this contract. AU county authorized communicable disease services fees shaH be listed in Attachment V of this contract. C. Primary Care Fees: The county may establish fees for primary care services designated in this contract and conducted by the CHD except for those services for which fee schedules are specified in federal or state law or regulations. Both parties further agree: 1. That such fees shall be established by resolution of the Board of County Commissioners, if promulgated by the county, or by administrative rule, if promulgated by the department; 2. That there shall be no duplication of fees by the department and the county for communicable disease or primary care services provided by the CHD; 3. That primary care fees shall be listed in Attachment V (county) of this contract. D. Communicable disease and primary care fees shal1 automatically be established by the department and the county at the Medicaid rate upon signature of this contract unless otherwise specified by either party according to procedures set forth in II, B and C of this section. E. Collection and use of fees: Both parties agree that: 1. Proceeds from all fees col1ected by or on behalf of the CHD, whether for environmental, communicable disease, or primary care services, shall only be used to fund services provided by the CHD; 2. All fees col1ected by or on behalf of the CHD shall be deposited with the State Treasury and credited to the County Health Department Trust Fund or other appropriate state account jf required by Florida Statute or the State Comptroller. III. Service Policies and Standards: 11 ,~._..;"__.,...._,__.......,._."..."",,U"~"""~'''''''''''''.__'''''~'."'...N"·.....·.~.,~~,,·_·.····.,.·."'·,",,·._~__...._,·,··_·~'-"-'. < 16C 3 Both parties agree that the CHD shall adhere to the service policies and standards published by the department in program manuals and other guidelines provided by the department, where they exist, IS a guide for providing each funded service specified in Attachment II, Part ill of this contract. IV. Fair Hearing Guidelines: The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of hislher right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment IX of this contract. The CHD shall post in a readily accessible location and visible to all clients either procedures or a poster informing clients how they may contact the Human Rights Advocacy Committcc (HRAC). V. Personnel: '. Both parties agree: A. The CHD shall have at least the following employees: 1. A director or administrator appointed by the Secretary of the department after consultation with the Deputy Secretary for Health or Deputy State Health Officer and with the concurrence of the Board of County Commissioners; 2. A full-time community health nurse; 3. An environmental health specialist; and 4. A clerk. B. That all department employees working in the CHD shall be supervised by the department and subject to Department of Management Services rules and department rules. C. ,Staffing levels shall be established in this contract in Attachment fl, Part m as FTE's, and may be changed in accordance with the availability of funds and/or program needs. D. The number and classification of employees working in the CHD that are county employees rather than department employees shall be listed in Attachment VI of this contract. VI. Facilities: Both parties agree that: 12 -... ,.---- ,.--.---..-"'.------.'.- "'.- -. - 16C 3 A. CHD facilities shall be provided as specified in Attachment VII of this contract. This attachment shall include a description of all the facilities used by the CHD, including the location of the facility and by whom the facility is owned; B. The county shall own the facilities used by the CHD unless otherwise provided in Attachment VII of this contract; and C. Facilities and equipment provided by either party for the CHD shall be used for public health services provided that the county shall have the right to use such facilities and equipment, owned or leased by the county, as the need arises, to the extent that such use would not impose an unwarranted interference with the operation of the CHD. VII. Use of Funds for Lobbying Prohibited: The CHD agrees to comply with the provisions of section 216.347, Florida Statutes, which prohibits the expenditure of contract funds for the purpose of lobbying the Legislature or a state agency. VIII. Method of payment: A. The county shall deposit its annual contribution to the County Health Department Trust Fund as specified below. B. The department shaH release state contributions to this contract as follows: 1. Funds appropriated as "Aid to Local Government" shall be released in four quarterly amounts, at the beginning of each quarter of the contract year; 2. WIC and other state funds appropriated in a cost reimbursement category (e.g. expense and special) shall be released on the basis of invoices documenting expenditures. IX. Laboratory and Pharmacy Support: The department agrees to supply laboratory and pharmacy support services for the CHD at least at the level provided in the prior state fiscal year if funds are available. X. Emergencies: Both parties agree, to the extent of their respective resources, that they may assist each other in meeting public health emergencies. XI. Sponsorship: In compliance with section 286.25, Florida Statutes, the CHD assures that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the program, research reports, and similar public notices prepared and released by the CHD shalI include the statement: 13 ,"'~'i':\~\ë:t ;':\;'.? ~ L\,::,: '~;',' ::::':, '; · ," .' .'~! : :'>". -..- ::' ~'< "", '," '" '~~ ',' , ' ... , : , ¿. . "---",""-,-~.,..-....<~<".,,.,~.- .... -,- --..--.--- 16C 3 Sponsored by Collier County HeaJth Department and the "State of Florida, Department of Health." If the sponsorship reference is in written material, the words, "State of Florida, Department of HeaJth" shall appear in the same size letters or type as the name of the organization. XII. Indicate in th~ space below the income eligibility limit for comprehensive primary care clients. 100% % of OMB Poverty Guidelines. XllI. Program Specific Reporting Requirements: Specific information not available through CIS/HMC or SAMAS must be supplied by completing the following: A Specify in the space below the minimum number of clients who will receive comprehensive primary care services (clients registered in Program Component 88 who wilt receive services during this contract period). 5.917 B. Specify in the space below the amount of any county funds earmarked by the Board of County Commissioners for hospitalizaâon in the Improved Pregnancy Outcome program if such funds are deposited in the County HeaJth Department Trust Fund and included in the IPO line on Attachment ß, Part m, of this contract. $ 0.00 C. Complete the planned Family Planning budget information on the following page for this contract period. XIV. County Fees: Those individual fees established by the county per ordinance or resolution and listed in Attachment V shall automatically be adjusted to, at least, the Medicaid reimbursement rate without formal amendment to this contract in accordance with section 154.06, Florida Statutes, should said reimbursement rate be increased or decreased. See Page 13, Section D. 14 ~<~'____.IIi'IW.1 --;....- i! a P~I li!III III i Ii ¡f6i 3 c: ~ ~ -gl ! . I ~Ioi~ i is ¡¡¡' C/I ª. C/I -< - i :::I N ... ~. ~ Ø\ U'! .. ::f I n .. N ... ¡. 0 co VI \Ø W N ¡ ... 0 N U'! .. )( c &. z ~ ~ :c g VI W ~ > ~ ... ~r :I! N 0 C\ olio W ~ ... 0 0 \Ø N j ~ 0 0 co 0 N 0 0 0 N co m ~ i ~ ~ ..... i! - "tJ m Q ~ ~ - "tJ 0 ~ - C\ :T 0 ::f ( 0 ... ... w If z 8 0 VI N N m 0 ... ...., x 0 :::I 0 ...., VI co >< ~ R r= -< ... '"tJ VI ~ 00 z C\ C\ ... ~! î~ z 0 ... Ø\ VI W (j) C\ N N 0 VI VI co N ... ~ "T1 ~( CD W ~ co 0 "tJ ... c: i~ 0 G') "' -4 "'" 0 :u n 0 ... ã"'" ~ 0 0 0 N N VI -o! U'! 0 olio 0 ... 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ATrACHMENT III CIVIL RIGlITS ŒRTIFICA TE I6C 3 The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights compliance Questionnaire, HRS Forms 936 A and B, if so requested by the department The applicant assures that it wiU comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 V.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefitting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 V.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefitting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 V.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefitting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 V.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefitting from federal assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97.35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefitting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes. regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. at3cor78.doc 34 ---. ._-,_.__......'~"""""_m. ~...... .. ATTACHMENT IV STATE BUDGET PREPARATION 16C FISCAL YEAR 1997·1998 3 PROGRAM LEVEL OBJECT OBJECT CODE FEE VOLUME ANTICIPATED LEVEL SERVICE CODE TITLE STRUCTURE 97-98 AMOUNT 100 COMMUNICABLE DISEASE 101 IMMUNIZA nONS A MEDICAID 001084 MEDICD-PHySICIAN $5 $6.1125 B. MEDICAID ACCOUNTS RECEIVABlE 001084 MEDICD-PHYSfCIAN S350 PHARMACY A MEDICAID 001058 RECE/PTS-PHARMACY RATE so B, PT. PAY 010405 NON MEDICAID RX. SCALE so MEDICAID- SUB TOTAl $7.175 NON- - MEDICAID SUB TOTAl so 101 sua TOTAl $7.175 102 S.T,D. (SEXUAlLY TRANSMITTED DISEASE SERVICES) A PT. CARE-MEDICAID 001087 MEDICD-STD RATE SO B, HIV TEST 001091 FEES STATElFED RUlE SCAlE SO C. MEDICAID -ACCOUNTS RECEIVABlE 001037 MEDfCD-STD SO PHARMACY A MEDICAID 001058 RECEIPTS PHARMAcY RATE SO B, PT PAY 010405 NON-MEDICAID RX SCAlE SO MEDfCAfD_ SUB TOTAl $0 NON- - MEDICAID SUB TOTAl SO 102 SUB TOTAl SO 103 AJDS A CASE MGMT. MEDICAID (PAC) 001080 MEDICO - OTHER RATE $111.254 B, MEDICAID -AIDS 001089 CHU INCM-MEDfCO.-AJD RATE $28.252 C. ANONYMOUS (&1) 001091 FEES ST A TElFED RUlE SCAlE $10.501 0, RYAN WHITE CO-PAY 001091 FEES STATElFED RUlE SCAlE so E, MEDIPASS 001208 3 1200 13.500 F. MEDICAID ACCOUNTS RECEIVABlE 001089 CHU INCM-MEDICD-AIDS SO f>HARMAcy A MEDICAID 001056 RECEIPT8-PHARMAev RATE $170.010 B, PT, PAY 010405 NON MEDICAID RX. SCALE 59.363 MEDICAID- SUB TOTAl $261,016 NON- - MEDICAID SUB TOTAl 519.864 103 SUB TOTAL 52SO.1IðO 104 T, B, A PT. CARE-MEDICAlD 0010&4 MEDlCAlD-PHYSICIAN RATE Sl75 PHARMACY A MEDICAID 001056 RECEIPT5-PHARMACY RATE $1.750 B. PT. PAY 010405 NON MEDICAID RX. SCALE $175 MEDICAJD- SUB TOTAl 52,625 NON- . MEDICAID SUB TOTAl S175 --. -- 1Q.4 SUB TOTAL 52,()( --- MEDICAID- SUB TOTAl LEVELl 5270.416 NON- - MEDICAID SUB TOTAl lEVEL I $20.039 LEVEL 100 TOTAl 5290.455 .~====.~==.....z=z.==..=.=a==a=..=.=cza~=...................................................................... 35 '~~--- ---..-.........------. -.. 2<10 PRIIMRY CAllE 210 CHRONIC DISEASE PHARMACY A. ""EOICAJO a. PT, PAY - 2'0 SUBTOTAl. 223 FAMilY PlANNING A. ""EOICAJO A. ""EOICAIO a PT. PAY PHARMACY m ""éOlCAJO- sue TOT AI. ~.""EOfCNosuaTOTAI. SUBTOTAl. 225 ...... TERNAI. HEAl. T~pop A ""EOfCAID-ACcoums RECElVAIlE PHARMACY A. ""EOICAJO a. PT, PAY 225 ""EOfCAJO- sue TOTAl. ~. ""EOICAJO sua TOTAl. SU8TOTAI. 227 HEAl THY START NON CUNIC A. PT, PAY a ""EOICAJo..ACCoums RECElVAIlE PHARMACY 227 A. "'EDlCJJO a PT. PAY "'EOfCAJO- sue TOTAl. NON.. ""EOICAJO sue TOTAl SUBTOTAl m COMp CHILD CAllE A. CHILD SCREEN- PT PAY B, CHILD HEAl. TH ""EOICAIO PHARMACY A. ""EOICJJD B. PT, PAY m ""EDlCAJO- SUB TOTAl ~.""EOfCAIDSueTOTAl SUBTOTAl -- 237 AOlJL T t1F.AL TH A PT CAIIE."'EOICJJD e "'EDtCAID ACOU1'ITS RECEIVABlE C. PT PAY PHARMACY A. ""EDlCJJD. -ADUlT HEAlTH a PT. PAY"AOVlTHEAlTH C, "'EOICAJD- . . CHRONIC DISEASE 0 PT, PAY.. CHRONIC DlSfASe "'EDlCJJO- sue TOTAl NON- . ""EDlCAJo SUB TO~ AL 737 SUBTOTAL 240 DENTAL HEAl TH PhARMACY A. "'EDlCAJO e PT PAY 240 MEOICAtD_ sue TOTAl NON- ' "'EIJOCJJO sue TOTAl SUBTOTAl ITA.,. .uoon I'IIUAM1IOII "AGE -2- -... --......-.-...... 11010lI4l IllCElPTI-PtwtMAe;y !IA TE 01040II NON MEDlCA/O IU. SCAu! CI010a ~AMII.YPlAH MTE 11010lI4l ~ !lATE 01040II NON AIEOICt.Io ItX SCAlE 1101 1 t1 II£OICO..IcATERNIT'f !lATE 11010lI4l IllCEIPT~ !lATE 01040II NON MEOICAIo IU. SCAlE 1101077 IIOTTtI1 MEOIC:D-MATERNITY RATE 11010lI4l III~ !lATE 010010S NON MEOICAIo ItX. SCAlE 001077 RATE IIOIC184 ME~ !lATE 11010lI4l IllCEIPT~ !lATE OlOolOS NON MEOICAIo ItX. SCAlE 10 10 '7,000 114,000 17,000 114.000 121,000 IIOIC184 ""EOICO-I>HYsrcwc RATE CIOIC184 1101077 110'_ RECEIPT~ RATE 01040II NON MEDICAID AX. SCAlE 0010lI4l RE~ RATE OlOolOS NON MEOICAIo ItX SCAlE 10 11.000 10 $2,000 10 S'OO 17,000 IUIIO 17,000 110.500 0010lI4l RE~ !lATE 010405 NON MEOICAJO 1tX. SCAlE S400 S'OO - - - ....-...................-........--..- ..---.......-..........----.--.............-- S400 S'OO IIICIO "'EDtUJO- SUB TOTAl. NON. . "'EOICÞJO sue TOT AI. LEVEL 200 TOTAl RA TE; "'EOICAJO FEE STRUCTVIIE SCAlE SLIDING SCAlE !lASEO ON ECONoMIC LEVEL DETER""'NEO THRouGH EUGIII'UTY, "U~ nl,œo S4t,110 aao-..........t....__.......__________._. .......... --..-... --- 36 16C 3 '150 11.110 11.110 11110 IIICIO ",000 ".000 11,000 11,000 10 11.500 12,750 11,500 12.750 ..~ 10 10 10 10 10 10 10 ITA TI IIUOOn I"IIVAItA'JXf "AGE 4. PROGRAM lEVEL OF OIJECT 08JEcr COO( FEE AHTICIPA TED 1 6C 3 lEVEL SERVICE COOE mu STRucTURE \/'OL AMOuNT 300 ENVIRONMENTAl. HEAl. TH 34ð FOOD HYGIENE PROGRAM A HOSPITAl. 001132 FOOO PERMIT 1210 0 ",053 8. NURSIHG HOME 001132 FOOO FERMrr 1210 0 " .228 C. DETENTION F ACJJAJ\.S 001 132 FOOO I'EAaoIrr 1210 0 1521 D. 8AM.OUNGE (_....... only' 001132 FOOO PERMIT 1180 0 .,.... E, FRA TERNAi, ORGAHIZA TION 001 132 FOOO PERMIT "80 0 '1.175 F CMe ORGNlIZAT1()t 001 132 FOOO I'EAaoIrr 1180 0 .783 G, MOVIE TH1:A TER 001132 FOOO PERMIT "80 0 1522 H. SCHOOl CN ETER'" I. OPERA TlHG FOR . MOHTHs OR lESS 001132 FOOO PERMIT '130 0 I3e2 2. OPERATING FOR MORE nw. . MOHTHs 001132 FOOO PERMIT "80 0 .. f. A L F. 001132 FOOO PERMIT 1110 0 1217 J, RESIDEHTW. FACIlITY 001132 FOOO I'EAaoIIT '"0 0 1128 K CHIlD CAAE CEItTER 001 132 FOOO PERMIT IB5 0 ",", L OTHER Fooo IERVlCE 001 132 Fooo PERMIT "80 0 1315 M lJlolrTED SERVICE 001132 Fooo PERMIT IB5 0 13017 N, PlAN REVIEw 001082 135 0 M30 O. RE-INSpECTION FEES 001082 130 0 "50 1', Al.C~ SIG>4OFF 001082 S30 0 I7S Q. lATE FEE PAYJ./ENT 001082 125 0 1200 "- SANITATION IN5PECT1()t 001082 S40 0 10 (t TEN PERCENT 1'0%) OF THE PERMIT FEE IS ~ TO HIlES TO PROVIDE TRAINING, MONITORING. UIDEMQ.OGICAI, 1UPPOftT.1'ROGRAM EVAl.Ui\TIONS AI.IO TECHMcAI, ASIISTA/IICI!. PERI«T FEEl ME PRORATED ON A O\WtTERI. Y 8Þ.SCS. THE 10% MUST BE COOED TO THE ~TM! TRUST FUNO fN THE FOU,OIMHG MAHHER: ðOOe7~Io. . . -eOew " -o8.JEcr COOE OO1I32---<X:AaIOOOO 10.2-0210<2_1111-00.. ,SI-fIY 8Eoeo5OO2oo 3"a $UBTOT Al '",'" 351 GROUP CARE FACILITIES A SANITATlONlNSpECnoN 001092 FEE S40 0 Io4OD B Pt.AN REV,EW 001082 FEE 135 0 '700 - 351 SUB TOT AI. ",'00 352 MIGRANT l.A8OR CAMp A 5. SO RESIDENTS 001131 MIG HIE PERMIT 1125 0 15,875 B 51 . , 00 RE SIDENTS 001131 MIG HIE PERMIT 1225 0 '1.575 C OVER 100 RESIDENTS 001131 MIG HSE PERMrT S500 0 $4,COO 0 Pl.AH REVIEW 001082 FEE 135 0 1350 3~7 SUBTOTAl. '11.800 35< "'OIIllE HGME PARKS A 1 . I. SPACES 001113 .... , IIV "ARKS ISO 0 '770 B IS ·171 SPACES 001 I 13 .... , R\I "NIKS 1350 0 M,543 C OVER 171 SPACES 001 11 3 a,a.¡ & R\I PNIKS seoo 0 18.282 0 PlAN REVIEw 001082 I3S 0 S525 /1) TEN PERCENT f0%) OF THE PERMIT FEE IS TRAHSFfRREO TO HSfs TO PROVIDE TRAINING, MOHrTORING. EPIOaIIOI.OGICAI, SUPPoRT. PROGIWoI EVAl.u.o.TIOHS AMD TECHMcAI, A$$/::TÞ.Hœ PERWT FŒSME PROAATED ONA OUAATERl Y IlASIS THE 10"<1 MUsT BE COOED TO THE ~TM! TRUST FUNO "" THE FOU,O'MHG ~"- 15OOe71m10... EOoI)Q.... 08JECT _ 001113 BEa6Q!(X)200. ·18'. 00.. .10.2-0210<2... OCA _ UOOOo 35< SUBTOTAL 118 '00 :w.; SUPER ACT SERVICES A l'i£ll SM!plIHG eEl' COHTAMINATEO SIT 015121 SUPER ACTS SllCS o -------- S40 3!.& ..,coo SUBTOTAl. ø,COO 37 __~'1>"' '~-'~"",,-_..._...,..,...~, ITA T1IIUDC1T IMp""" 'lIOII PAGE .c. 35ð PUIII.lC Of\1NIQN( WA1VI1YSTDq A HEW lIMITED I'WII CON8TR 001114 I'EIIMT FU AlSO, 8. ExI8TINQ l TO, I'WII 09EIt FI'UIT Y!AR 001111 Pf.lllolrT FU AlSO. C. AHNuÞL OPfRA~ PERMIT SECOHo YEAR COUll I'EIWIT FU AlSO, o MICR08IOl.GICAL & CHEMICAl. &.wPuNa 001142 I'EIIMT FE! AlSO, E. INOfIGAHIC CHëM, NW.. YSI:; COII42 I'EIIMT FU AlSO. F, MICROSI01..GICAL NW.. YSIS 001142 I'EIIMT FEE A&I(, G. MICR08I01..GICIIl SMlPLING 0011<42 PfFIIIIIT FEE AlSO. H, RE·INSPECTION I'VIIlIC WATER 001082 FEe ASS'D, I7S I7S 170 185 135 "5 1040 1040 o ° o o ° o ° ° 1I.2IS 12,7ot 16,4IIt 10 10 10 10 10 3S8 r, TEN PERCENT (I~ OF THE F'F.FcMIT FE! IS TRAHlFERRI!O TO HIEH TO PROVIDE TRAINING, 1oIONIT0II1ffG. EPIOAOIOI OOICAI. IUPPORT, PItCIOR.W EVIIlUAT1ON8IWO TECHNICAl. MSI8TNtCe. I'£RMrT FEE AM HOT I'RORAno. THE 10% ~ BE CODED TO THE ADMINISTRATI\I£ TRUST FUND IN THE FOl:.~ MANNER ~I()'.. EO-_... 08ÆCT-001II4 eooe12VWI()... EOooM$.... DeJECT-001I. 8E~ ·fII.. 00.. ·'()'2~'042... DCA _ MeOCIO SUSTOT Al 18,423 3ðO SWM.IING POOl. PROGIW.I A ~"""APPROVAl PlNI'S 001082 IWIWoot. I27S 0 115,125 8. PlAHIAPPl..REVIEw FEE FOIl ~TJiIoIG PI.AC 001082 IWIW'OOl "50 ° 1150 C, WOOtFICATIOH 001012 IWIW'OOl I,CO ° 1400 0, I'f1T1Al OPERATI'fG PEFIMIT 001082 IWIW'OOl 1125 ° 17.000 E, II.. 25,000 GAl. P£RMrT FEE 0011015 ~ 17S 0 131,117 F, "·25,000 GAl. P!I\MIT FEE 0011015 I¥oWPOol "eD 0 114,011 (I) TEN PERCENT (1~, OF THE I'ERMtT FEE IS ~ TO HIES TO PROVIOE TIWHINQ, MOHrTOR»IG. EPUMIO\.OOIC.AI.IUPPORT. PItCIOR.W EVAlUA TJOHI ~ TECHHICJ\L AlllnAHCf. I'EIIMT FEU NIl: PftORATEO ON A IIWIMJAI. 8.ASIS. THE 1~ MUST lIE COOEo TO THE PU\HNIHQ AND EVALU4T1ON TJtUIT FUHO IIf THE FOIl.OWJIoIG "'NINER: ~Ie... -EO '10.. -oBÆCT -001206-. -ocA'1OOOO 20-2-531003-. -BE - 5CI5OO:!oo. .... CO 3eO SUBTOTAl 1137,_ 3&1 SEPTIC TANI( FEU A APl'UCA T10H . PEJu.c1T OF oeos COIOl2 sunc TN« I2S ° 11S,4ðC) !I. SITE EVAlUAT10H -M.W SYST1:M COIl31 sunc TANI( Ieo ° 137.111 C. SITE EVIIlUAT1OH-REPA/R COI131 Sl!PTIC TN« 1040 0 '1.838 O. SITE RE-EVAlUAT1OH /fEWREPAIR COI138 sunc TN« 1040 ° 12.1151 E PERMIT FOIl r£W SYnaI COIl34 IÐ'T1C TN« Ið5 0 l3O,f2I F, HEW SYS. HIT ALL IH$P£CTIOH COIOl2 IU'TJC TN« Ið5 ° 134,011 G. REPAIR PERMIT IUUAN(;E 001133 IU'TJC TN« 150 0 113.2$4 H INSPECT. ExISTING SEPTIC SYS 001012 IEPT1C TN« 150 0 ",m l RE-INsp, FEEMSIT AFTER APPROVAl 001082 sunc TN« I2S 0 11S,483 J. IHSTAll.REIHSP~wrr 001012 sunc TN« I2S 0 18,1138 I( SYSTEM IIIIAHOOMEuT PERMIT OO1ot:r IEPT1C TNII! 1040 0 11.1. L NfNUAL Of'EAATIHG PERMIT FEE (INDI.ISTRJ 001131 IEPT1C T_ "50 0 I2eð l·t. MlENOJC1W4GE Of'EP....TI'fG PERMIT COI082 SEPTIC TN« I2S 0 rzz '" AER061C TREATMENT Of'ERATJHQ PERMIT 001137 SEPTIC TN« "50 D 11,0lIO N, TÞNK tAANUFACTURFS IHSP£C~ 0010112 II!PTIC TNII! IlCO 0 1150 O. SEPTþ.Gé OISPOSAI, SERvICE PEIIMIT COI082 IEPT1C TN« 150 0 I30Il 01, ÞOO. C~GE PER "'JW>OvT ~HICI.£ COI012 SEPTIC TN« I2S 0 I31t P. POfITA&.ElTEAIP.TOILET $l;RVlCE I'EmoIIT CO '092 SEI'T1C TN« 150 ° 1117 PI. ADO CW¡GE PER PIMPOuT'ÆHlCl.£ œ'~ SU'T1C TN« I2S 0 12118 a SEPTAQE STAllIllZTtOP. FACIUTY IN51' COIOl2 SEPTIC TANI( 1150 0 I2eð It SEPT"GE CISPOSAl SITE EVAlUATION COIOC1;l IléPTIC TN« "CO D 10 S AEROSIC TREAT. UNIT \otA.IHTEJw¡ce CI) I 0112 SEJ'TIC TN« I2S ° "33 T, VARIANCE APPuCATION S/HCLE FAM1I.Y COl13S SEPTIC TN« "50 0 1150 lI, V.l\iUAACE N'Pl.1CA TION MUl 11 F AAlrt, Y COII3S sunc TNftC I2CO ° 'ICO "VI. RESEARCH FU-8U1!TR. AS (1) FROfoI F. HEW 001201 SEPTIC TNftC 15 0 13,210 ") Ð:CEPT FOA DElCW NOTED FEES ( RES&RCH, VAA1AHCE,& TN« MNluFACTuRE/t, ... Of' I¡J, FEU COI.&ÆmD BY THe CHD'S PURSUNrr TO CH I~,FAC, ARE TO BE TRAHsfERIIED TO /fDORTS TO PROVIDE nCloHCN... MOHITORING TR'-JNING AND ~IN1STRATIVEA.S$iSTN<CE FOR THIS Pl.AOGRMI USING REI/!/fUE OIJECTCOOEOO1203 6OOIIm.91C>-.. -EO - ~... DeJECT. 001203.. -ocA. .IEC1OO se . ðOO5CiC2oo . . . l1li - CO . . .1C>-2~2. . . $I _ ff'¿ (2 $.5 RESEN1CH FEE TO IE TRAHsFEAAfD TO ~JIIS USING FU:"VEHVE OIIJêCT CODE OO12QI. EXPIREs ØlS.30-2QQ2 ðOUIITX9Q().··.£o - ~... OII.ÆCT _ OO12QI '. -ocA.-8IIOOO II/: -1iCOðOa2oo '··:11. CO.. .1()'2~... II- "" (1) :50" OF THE VARWlCf Al'PUCATJr.M FEE 1$ "'...ACëD IN THE Al'PUCAlt.E CPtfu TRUST FUND, 5O'JI OF FEE Pl..AC!:o IN SPECIFIC HUS VARIANCE ACCCUNT USING REVENUE DeJECT COOE COI2I)C acoe72a'J"c>-.. -EO -8Y... 06ÆCT _ COI204.. -ocA.-8VIXIo Be.6OœCO:¡oo.. '1Ø1 - 00.. ·'().2~2... $I_ (IN (4 50% OF THE S[l'TJC T AHK IIWIUF ACTlIRIHG INSPECTION FE! TO III! ntNfSFERRm TO HEAOQUMTERS TO pp,OVIr)¡ EHGlHEER REVIEwOf' SEI"TICTN« Dl!IIGHaAHD ON SITE I"'SPEC TIOHS USING REVE)jUf OIIJECT COOE 001203 6OOII7n9gl~.. -EO -Sy. ··OBJECT - CO,2I)C.. -ocA '.IEOoO 8E - f~. ..l1li- CO.. .'G-Z-02042'..II_"" 311 SUIITOT Al .177,oes 38 16C 3 - T NfHIH< F AClUTlEs A. P£Ri«T N( IIOOT!i / 1lE0 001 144 TAHNIHQ I'AC.UÆI ., tACHlIOOrTJOfw.lIOOTJ.i/IlED 001144 TANHWQ,ACIUÆI C. I'L.AH FŒVIEw 001082 D. lATHE! 001082 TAH11N3 I'ACIUT1rS (I I TEN PÐlCfHT (1""'1 OF TIi( I'ERMIT F'EI! 18 TIII~. ~ TO ..s TOI'AOYq~~~~.1'ROaIwt EVAlu.o.~ No4O n~ ~JWCa. I'fIMT nuAM ~1ED ,,"A OI.Wn'!Al Y BASIl. THE 1"'" MUST III c:oœo TO TI£ ~TIW TIIUIT fUC) IN TI1( FOl~ ~It «10872118810.. -E0·..··0IJEcT" 001144..oOC.I..1tICDO lIE "1CœcIa:zco...",," 00".lo.2~..... fIN ITAn IIUDGø I'RIPNtA1IOJt 'AGI of. '110 1M Þ5 I2S 16C :5 o o o o 11.7114 '1.100 '115 10 - 1tÆT00Al ------ ---- .......... --11_. _ u:va 300 TOTAl --.. ----.. 11.011 ~----. ..... ... --- -----q --- - ---- I37T .211 39 -_."---,,---'""..,....~ -'-..".."~__...-""'......u.... A TTACHIII!NT tv ITA TE 8UDOEr PRl!JtARATION ~AGe ·e. 16C IUllMAAY PATlIHT CAAI lEVEl 100 TOTAl MEDICAID TOTAl PATW¡HT PAY LfII'El 200 TOTAl MEDICAID TOTAl PATIõHT PAY TOTAlIolEOlCAlo LfII'Eu 100 NfO 200 TOTAl PATW¡HT PAY LfVEUII00 Nfl) 200 PA'ÆHT CARE GAAHD TOTAl ....051 "0,1101 11.100 SO "co.'51 "CU01 .110..,. .... "'WaIAcy lEVEl 100 TOTAl MEDICI.ID "1'.7'10 TOTAl PATIENT PAY "$18 lEVEl 200 T01Al MEDICAID 111.450 TOTAlPATÐn'~AY 131,010 TOTAlI'HMMAcY IEDICI.ID "111.210 TOTAlI'tW1w.cY PT. PAY 140'- PHAIUoIACY GAAHD TOTAl Þ2t... TOTAl lEVEls 100 AHO 200 13«1._ LfII'El 300 EIMAOMfHT Al HEAl. TH 1377.231 TOTAl.. STAT!! IIEYENue f7'f1M1 40 :3 "._........--~"....-...<"_. 16C 3 ATTACHMENT V COUNTY BUDGETPREPARATIOH FISCAL YEAR 1"7-1"' PROGRAM lEVEL OF OBJECT OBJECT CODE FEE \IOlUME AHT1CIPATED LEVEL SERVICES CODe mu: STRUCTURE 117 . " AMOuNT COMMUNICABLE DlSE4Sé 100 101 IMMUNIZATIONS A, AOUl T IMMUNIZA TlONS- . . GENERAl. 001093 FEE ASSOJCOMM OIS lID se.ooo B, INTERNATIONAl TRAVEL 0010113 FEE ASSOJCOMM DIS S3.ooo C, HEPATmS B. VAC,.... PT. PAY 001093 FEE ASSDrCOMM DIS S50 118.000 0, FLU VACCINE " Cumtn1 Pa1iet1t Pay 001 DSI3 FEE ASSO.'COMM DIS SCAlE S20.ooo 2. Patient Pay on Aa:ot.nt 0010113 FEE ASSOICOMM DlS SCAlE 1100 3, MED/CARE 001 OSlO INCOME FROM MEDfCAAE RATE S38.ooo 4. MEDICARE ACCOUNTS RECEIVABLE 0010S10 INCOME FROM MEDfCAAE RATE SO E, PNEUMOVAX " Current Patien1 Pay 0010113 FEEASSD/COMM DlS SCAlE S300 2, PalSent Pay on AccounI 001093 FEE ASSOJCOMM DlS SCAlE 150 3, MEDICARE 001 OSlO INCOME FROM MEDfCAAE RATE 1375 4, ME01CARE ACCOUNTS RECEIVABLE 00 1 OSlO INCOME FROM MEDICARE RATE SO 101 SUBTOTAl sae,325 102 5,T,D. (SEXUALLY TRANSMITTED DISEASE SERVICES) A, CURRENT PA TlENT PAY 001093 FEE ASSOICOMM DIS SCAlE S300 B, PaØen1 Pay on Account 00 1 093 FEE ASSD/COMM DlS SCAlE 1100 C, MEDICARe 001 OSlO INCOME FROM MEDICARE RATE SO 102 SUBTOTAL S400 103 AIDS A. Current Patient Pay 001 DSI3 FEE ASSOICQMM DlS SCALE 11,350 B, Patient Pay on ACCOUn1 0010113 FEE ASSD/COMM DlS SCAlE $240 C, MEDICARE 001 OSlO INCOME FROM MEDICARE RATE "8,431 Probation Class 001093 se.300 501 Trainitv,¡ 001093 12. 100 101/1004 Training 00 I 093 13.500 103 SUBTOTAL 121,121 1004 T,B, A Current Patient Pay 0010113 FEE ASSO/CQMM DlS sa 11,500 B, Pallenl Pay on Accounl 0010113 FEE ASSO/CQMM ~'S 1100 C. MEDICARE 001 OSlO INCOME FROM MEDICARE RATE 1100 1004 SUBTOTAL 11.700 180 VITAL STATlSTICS " BIRTH REG, CARD 00111e0 VITAL STATS- FEES $I 0 sa,22S 2, B/RTH CERTlFICATE 001114 VITAl STATS- NEW BIRTH IS 0 113,123 3 OEATHCERTlFICATE 001115 VITAl STATS- DEATH 17 0 1104.223 4, OUT OF COUNTY 001118 V, S,· COMPUTER ACCESS 12 0 11,023 5. ADMIN FEE 0011 17 VITAl STATS-ADM/N FEE $0,50 0 11,IS2e -- 180 SUBTOTAL $128.221 ====~=~~:==.====Z:=:2=cza.a.a.==.z..a2.az~......=. ~..................................... lEVEL 100 -TOTAL 1248,575 41 16C 3 ...-..... .....--. _.._-~----- -- . . _6.- - - COUNTY IIUDOeT I"IU!PNtATIOH PAGE .2. PR!MAAY HEALTH CARE 200 210 CHRONIC OISEASE CURRENT PATIeNT PAY A. C. V. SCREEH 001077 FEE ASSO I PRN CARe SCALe 11.000 B. OTHER SCREEHIHQ 001 077 FEE ASSO I PRN CARe SCAlE $200 C. PT. PAY ON ACCOUNT D01077 FEE ASSO I PRN CARe SCALe to 210 SUBTOTAl 11.200 223 FAMILY PlAHHING A. STERIUZAT10ff C().pAY 001077 I'E! ASSO I PRIM CAAI! SCAlE to 8. PT. PAY ON ACCOUNT D01077 FEE ASSO I PRIM CARe SCAlE to 223 SUBTOTAl to 225 MA TERHAl HEAlTH IIPOP A. PT. PAY ON ACCOUNT D01077 FEE ASSD , PRIM CARE SCALe S8I3 225 SUBTOTAL S8I3 2211 COMPREHENSIVE CHIlD CARE A. PT. PAY ON ACCOUNT D01077 FEE ASSD I PRIM CARE SCALe ... m SUBTOTAl ... 237 COMP AOUl T CUNIC CARE A. CURRENT PT. PAY D01077 FEE ASSO I PRIM CARe SCALe to B, PT. PAY ON ACCOUNT D01077 FEE ASSO I PRIM CARe SCALe S&)O C. MEDICARE D010e0 INCOME FROM tÆOICAAE RATE S&)O 237 SUBTOTAl ".000 240 DENTAl HEAL 'Of CARe A. CURRENT PT, PAY DO 1077 FEE ASSD I PRN CARE SCALe to B. PT. PAY ON ACCOUNT D01077 FEE ASSO, PRIM CARE SCALe $200 240 SUBTOTAL $200 -......-z_____a-_____ . - LEVEL 200 -TOTAl "0.727 42 1··.._,_...--·..·'".........''' 16C- 3 -....-----. -_a__ - . . - --..- COUNTY IUDOIT PREPARATION PAGE .,. EIMAONMEHTAL HEALTH 300 )48 FOOO HYGIENE PROGRAM A.. COMPVTER PRINTOUT 01 0403 FE£s .(:()py PIJ8UC DOC. "0 0 10 8, COOE XEROX 01 0403 FEU .(:()py PIJ8UC DOC. Ie 0 10 3048 SUBTOTAl. 10 352 MIGRA..'lT lABOR CN.fp A.. FINES 012020 FINES AND FOAEInJREs VARIOUS 0 It .000 B, COMPl1TER PRINTOUT 010403 FE£s .coFY PIJ8UC DOC. "0 0 SO C. XEROX 010403 FEES .(:()py PU8UC DOC. ... 0 10 352 SUBTOTAl. ".000 3504 MOBILE HOME PARKS A.. COMPl1TER PRINTOUT D10403 FEES .cOPY PUBLIC DOC. "0 0 10 B, CODE XEROX DI D403 FEES .copy PUBlIC DOC, Ie 0 10 3504 SUBTOTAl. 10 357 PRIVATE WATER sYSTEMs A.. WATER CERnFICATIOH I.ETTER 001084 FEEs CHTY 0R0INAHce 130 0 ".1111G 357 SUBTOTAl. ".1111G 358 PUBUC ORIHKlHQ WATER sYSTEMs A.. COMPuTeR PRINTOUT 010403 FEES .cOPY PU8UC DOC. "0 0 10 B, 100-04 XEROX Ot 0403 FEEs .(:()py PUBlIC DOC, ... 0 10 358 SUBTOTAl. 10 :!eO S'MMrwIING POOL PROGRAM A.. BACTERIOLOGICAl. RECHECK 001084 FEES CHTY ORDINANCE 10 0 1120 B, SVvtMMING POOL TRAINING 001084 FEES CHTY ORDINANCE .20 0 ".000 C. SWIMMING POOL COMp LISTING 001084 FEES CHTY ORDINANCE "0 0 10 D. BACT. SAMPLES BY O'MoIERS 001084 FEES CHTY ORDIHAHCE "eo 0 "11.100 E. COMPUTER PRINTOUT 010403 FEES .cOPY PUBlIC DOC, "0 0 '"5 F. 100-5 XEROX 01 D403 FEES .coPY PUBLIC DOC. Ie 0 m :!eO SUBTOTAl. '1".414 JeI SEPTIC TANK FEES A.. COMPUTER PRINTOUT 010403 FEES .copy PUBLIC DOC. "0 0 10 B. 10~ XEROX D10403 FEES .copy PUBUC DOC. "0 0 10 JeI SlIBTOTAL 10 LEVEL 300 TOTAl "82,384 JlZZ:Z2Z'.=2Raa~""~···~_..&aaa....~ . -.....-------------------- ·~._s=.a .-xaSZ1ta~._.az.~2zaa._____ . ---...... --___a_____ - GRAND TOTAl 5449.. ........aca--___.'II:Za__ -- . --.. -- -- 43 16e 3 ATTACHMENT V COUN1Y BUDGET PREPARATION FISCAL YEAR 1"1· 1 HI PAGE ... SUlllMARY LEVEL 100 MEDICARE AIDS TRAINING CLASS PAnENT PAY PAnENT PAY ON Þ.CCCUHT TOTAl LEVEL 100 LF.VEL 200 MEDlC..A.RE PAnEHT PAY pþ.nENT PAY ON ACCOUNT TOTAl LEVEL 200 $55..1. $11,900 $178,871 $580 S246,575 TOTAl MEDICARE LEVEL 100 AND 200 TOTAl pþ.nEHT PAY LEVEL 100 AND 200 TOTAl PAnENT PAY ON ACCOUNT LEVEL '00 AND 200 GAAHO TOTAl. LEVEL 100 ANO 200 S500 SI.200 _____~.927 S'O,727 Sl7.81. $180.871 S2,817 LEVU 300 EHV1ROMENT Al HEALTH $257,302 $,n.JD.4 TOTAl COUNTY REVEHUE S441.... 44 -- 16C 3 ATTACHMENT VIII DESCRIPTION OF USE OF CaD TRUST FUND BALANCES FOR SPECIAL PROJECTS, IF APPLICABLE (From Attachment II, Part I) Special Proiects: Facility renovation for IJrmunization, Diseð8e Intervention and subsequently affected areas of Building H, Collier Government Corr;plex. $ 60,000.00 ðttchB78.doc 47 16C 3 ATTACHMENT IX PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the CIS/BMC minimum data set and the SAMAS 2.2 requirements because of federal or state law, regulation or rule. If a county public health unit is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service Reauiremenlc 1. Sexually Transmitted Disease Program Requirements as specified in HRSM 150-22. Requirements as specified in Policy 87-7-5 regarding State Health Office STD Program review and approval of personnel/budget actions. 2. Dental Health Monthly reporting on HRSH Form 1008. 3. Special Supplemental Food Program for Women, Infants and Children. Service documentation and monthly financial reports as specified in HRSM 150-24 and all federal, state and county requirements detailed in the program manuals and published procedures. 4. Improved Pregnancy Outcome Requirements as specified in HRSM 150-13A. Quarterly reports of services and outcome on HRSH Form 3096. Program Quarterly Progress Report, Quarterly Summary Report, Presumptive Eligibility/ Medicaid Determination Log by all providers authorized to determine presumptive eligibility. 5. Family Planning Periodic financial and programmatic reports as specified in HRSM 150.27. 48 16C 3 ATTACHMENT IX (Continued) 6. Immunization Periodic reports as specified by the department regarding the surveillance/investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immunization. Requirements as specified in BRSK 150-3 and HRSM 50-9. 7. CPHU Program 8. Chronic Disease Program Requirements as specified in the Reference Guide to CHIP and BRS forms identified in HRSM 150-8 and 150-12. 9. Environmental Health Requirements as specified in HRSH 50-10. 10. AIDS Program Requirements in HRSM 150-30 ~nd case reporting on CDC Form 50.42. Socio-demographic data on persons tested for HIV in CPBU clinics should be reported on CDC HIV Counseling , Testing Report Form. These reports are to be sent to the Headquarters AIDS office within 30 days of the initial post-test appointment regardless of clients' return. 11. School Health Services HRSM 150-25, including the requirement for an annual plan as a condition for funding. attch9.doc 49 .:~~~'~. '~~~#.Tf::·~~~~?~Y ~~<'.f" ~T., J..: ~t' ~~l}",'; ~~1)~.. ~.::~~"'..-h."~ 'j'''-~ /';tf'~~;!,~ -'-' .)L'~" JJr"j__ : ·/~t'\~~"....7,"~-·::·2/i i:1·'!",~iý,\~:~·:. ~t.:''';~::{ ,J'~' .t:,kj<f'~ ,<,:~'~:2~:'i~~~!t :?Y Jt -:1'Ji: : J:' ':f·,}·¡ il111 þ<Jfrt '-':"'\.t-~"I~ '. ..,~t, ,..l :.~_:::.: ~::,~.:~'.:;..,. ~ \ ~. '..,¡/...:¡ ··t::;::~~. '~~'.;:~\.\~:~ ';'~~~(;' '~~J~~~:~~~ ':,~~' Æ~~J ~\. 1'1) \~.~'~;."'.:,,,-i;·r/~, ~~:~1;~~f.~ '.I_·~.'''''~'''''''~.;,:",: .';'-~ . t-(~ \ ~i(:j-~:;Jh ~:~ì...:~-i.." ...;. t:':\~:,~\ 1··f,",) <' ,.¡ .'¡- ;, ~~r.t:.,~\ ;f4~ ;'-~::" ~ ~~11"~¿~' h'~;)' Y', "......(otI'··.:':\,' J:~i1'" 'f, .?;-. :t':.!_C:1" ,.t~-.."" Jð"~ "H..', J-"'J {t9,'i:"'~'(('.:\:: t;.t ..~~.,~", 1.~...' -~~ f ~- .}\;.~ 'I '.':/ ": ~~: "¡f) "~' .'J ,f ~ I~ ;r "'"t~\ -. ..t;:. .~ ~ , ".~? ))",;....,"1:.. /~.";-;;...,,:~..,s .:;~ 1['- l)\~~~ !;~ ~'~ ~/ 'if; -, "i' ¡/, (.. ..' ~ 16DI agencies. All alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this agreement in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if Board so directs, the Organization shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property by the Organization, and repair any damage caused to the Property by such removal. 6. The Organization shall provide and maintain general liability insurance policy(ies), approved by the Collier County Risk Manager, for not less than Five Hundred Thousand and No/Dollars ($50U,OOO.00) combined single limits during the term of this Agreement. Such insurance policy(ies) shall list ColJier County as an additional insured thereon. Evidence of such insurance shaH be provided to the Collier County Risk Manager, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to September 19, 1997; and shall include a provision requiring :en (10) days prior written notice to Collier County c/o County Risk Manager in the event of canceHation. 7, This Limited Usc License Agreement shall be administered on behalf of thc Board by and through the Collier County Real Property Management Department. 8. Thc Organization agrces to hold harmless and defend Collier County, the Board of County Commissioners of Collier County, Florida and their agents and employees. from any claims, assertions or causes of action for any loss, injury or damage to persons or property arising from or associated with the Organization's activities or use of the Property. The Organization further agrees to indemnify Collier County and the Board of County Commissioners of Collier County for any costs, expenses or fees, including attorneys' fees, arising from any claims or causes of action for loss, injury or damage to persons or property arising from or associated with the Organization's activities or use of the Property. 9. The Organization covenants and agrees not to assign this Limited Use License Agreement or to pennit any other persons to occupy same without the written consent of Board. 10. The Board reserves the right to cancel and/or reschedule the above-described event for the abovc-listed day, upon ten (10) days notice to the Organization of Board's intent to reschedule and/or cancel. II. Any notice to be given by either party to the other pursuant to the provisions of this Agreement shall be in writing and shall be placed in an official depository of the United States Post Office, Registered or Certified Mail, Return Receipt Requested, postage prepaid, addressed to the party for whom it is intended to the address stated above or at an address either party may have designated in writing. 12. The Board and Organization specifically agree that thi~ Agreement represents a license for the Organization's use of the Property and does not convey any estate in the Property or create any interest whatsoever. 13. The Organization represents and Warrants to the Board that no hazardous materials will be discharged to the air, grounds, sewer, or to a septic system on the Property. 14. The Organization shall be responsible for paying all sales taxes, if applicable, and all other taxes and charges associated with or resulting from the holding of this event. 15. The sale and/or consumption of alcoholic beverages shall be prohibited on the Property during this event. 16, This Agreement is governed and construed in accordance with the laws of the State of FJorida. 2 "J~~. J". _. ~·t "., . '):'.. ~:. .~¡.~.',~, /:..''f~~ I~/ ~4( ,I; /.....: ....." _IÇ~~ :.\~~ r'Y' ,...:~,'Jo i(; .. ~{;~f.~i~i<~'i : --:( - s ~ !,,;/;'.. '".;;i :'1' tr5 . ~..,., -'.I,'-t .'" '.,11"" ,,:; "":.~f""':" ,.....~.I ."'~ ~.~" ' ~ '{~::';"~':~" .~{ ~ ~t~·;\~~J ¡~f~l\'~~~-:~: i:~r,' ..~,....'t ,t04\,i.t·'-, 1,t;t.1 ;~1i~~4'~~ ~_ \ .''',~~ :'"',þ --.. } "','" "Y...~ f}1~t~~:L ~,,:~,,::{ ',.;; ".r\ t ,>l':~1 .";;..,.,,..'~ ',,, --/í- ~ ''i'''~~'!'':'~I,J ._.~ .(¿..:t¡". /(~ tI~>"S "',,',&, ~"'.. :;'~.I.""'¡"~' " ,.....- .,~V\,: '~. ~~'~~ ~ .:".'·"J.'f~:::; c···.,t i"·I'··"'! ,-;;!k'~ .,<1 :,;~:.},,:;~:,' ~......,.!f '~"\(" ;·1'bC·'1'·~··.I'V .1, ~ -.t y.. . "., ~ ~h"¥'t '; '~/." "~~l ,<-"·f,:....;;t· ¡fl~"~,":,",~,.f"; ~ . \+"'.,' ~{?~~i~ p/,H..'f~'l' 1", ,"."': ....~1.. Jt.~1:r·,·-,'·... ,-:. ....',..0:,,,:.,,;:...' "'~..,~(:, ;.' '1./1 ,;,,-.- J~ ,.~.~"". " if." $1,' 'i;'~:" :~;:~?::)it~}'t' ~(lr)-,~I~L~:~<~ :~ ". '. "t.\.-ro A (.~-' t'" ""/'.''1: /~~ l-~!. ~ ~,rþ;~i,:'~"! ,t,;:J,:.: ~~Ð·t~~-: ,~": '('-~'.~ ~'- ~- ~~:~...~ '; .... , ". ,..., -,' "Q. .,~r.·~ ;,~.;¡.¡ I"'/~';':" ·~·t:t..:#.1; '~I'Ž:'í ~~'/;':t;..r þ' !'~-_þ~;:.}·ir t .t,;.,.--..( ~ ",..;. '; ,.,;t.N t<{,{~...~;t:(. ~~ --:~.. :~rë~~;;Ò:'Z::;.~ ..¡, ,..'_.-Ç';o& / ...."....:.- .....1, ',r;·'~:';¡J:;'.f ' ;,:,?:,',¡t-¿;',':.' ¡"~:;.:' ~. :': '[j ~, ",,·t';./~ ·t .,""'j>';" ",:.-; ¡! .;:~ I: .-:I~ :¡__/t....-_~;'~ .~"~~ ,.~>I!:.~~-t:,~ .,,';\~';;'~;;~itt~l:; ~;i /..,.).., ~'!'e''1o,,¡~ i< -~~':,' " \" ,." '''... >1.".'.; ..1 r "i", I'; ·,/',.k .., ~ ".o!JII',,)J '..' ~~:~'1:J,{P'~' ~ '; .~ ~ ,~~ t ;;. r;.~t ~-~,'JLJ. ~', I~~·~·~·';· .'. ,.C .! _.... .' t ... ,¡;~_, ;.;.:. '\-.¿... ('. \'.-C\'1'~-t,)«...-"" ~., ;'. v~ (~v t¡.":J:"I: ~ ~~jo":~: Y7\"; ~~ ji~'~ .¡k,1'U...1':·';' ,,\:t., .(;},.!.~.¡ .~-" "'l e~f ~ J .~ t' '.r~" ~..- ~ . ~{ ~-:''-'''"''/'f'~1 .~:: \~~ ~·i~~··r ~'o)~ Å-_~ '...~~ - ..-,: ~~~..!, ~·~/,.J:;" /",.þ!/~:¡':~" "- ~. !, ~'../. : '.~. 1.-", '.1..',;', )f.J(j'í .J\) ~"..,. "," , )-¡,J:..I'-I_L.:;.... -':., .-J:L."'''' -, <;~(.,{";0?'~' .' .£oþ'¡ ~ Vi ( j -':1'.' ,¡r::. - (/ :"3q'~Y~~iÄ.t.'; ," '. .,) "~,"". ~\" ':-.','1..1)\ -.\.. .... !l-> ..~'-- .~- .~.). ~~<~,~_:,,~~~;'::- ~\~~!;,~ " ..'\ " -, I .~'!'.. . - -~-,~._. 16D1 IN WITNESS WHEREOF. the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE ORGANIZATION: DATED:L9'· 97 ~_. a./3.;I¿'~ Witness (signature) lh .(l(,<$<. A. ß'~...vL1-t- (print name) ~~~~M(J- :cLclxc.. l ~rÚ1~ (print name) ~' ~Qm.fEðJ°ARD: ,~~. ,',: , ;.-, . 't· .... A t.;rEST:· . ~f/ . ~ . DWIGHT:E. BROde. Clerk ;~;.:.-:;£..~~ . . y.".:'"....peputy~0 '.' ~, '" ,.".,' ~\" ." ~~ ., l . '0, nì\\ Approved as to form and legal sufficiency: tUI i A,~ Hcidi F. Asht Assirumt County Attorney WE CARE MINISTRIES. INC. By: ~Á{ /9-"", BEVERL CH. President BOARD OF COUNTY COMMISSIONERS BYC~CO~~ = TIMÓ1RY~ 3 " -. :.:.:t:;~. ~.., of ji ¡, 1::;: ;\d~ : I,f. ',J;':;,,' ~J;;".~:~.~ ~ ~··t :·,"·~~:"",~-:::'j~:\;t'~~ /. !S,.""~',:>''''· ).::..~.. ..þ\'} .!.;.. ~.. f!r,.í.~A"/~l;'~~'/:",-'~·' .'\.:-*.....!\, ::-"\\..;....:.>J~~ 'i~/.,<{d~.· ""é' ',¡,."... ~~:;(,'t' _~:.~:~~:f~~:, ;'."1' (.,7.-l'~" ··Ji~j.;~ft~~:Ú~;Ú :-:'<~J~~~. \ ~~ ¡. .~~~.~: ~j' ~ ~-:~:~ ~ ,-...,; t.~ ~.':,; ,. ¡ ;1;~;~~ ,~;:~ t::~~,[·:: ~ /,.~~j ¿;r:¡ ~,,:,'f.' ~'J'r ; :I/~..ll>·.·-t,#<.> "~,,,,",L;': !~§!~~.~ .~ 'If). ~.} ,~..." ..tt...~I, ;~ ~~1~{~~ :..:.'{-...{,. ~'.I~!~}..'..t~/~ '- ._ I 'I.. . '1.. ~ ' /'" ~. : I, f'. ~'4,:;:~: '\ (,.~l~.;:/~..;j~ ("'?",.''''\' "",1<"1,..\' .' ( . " ~¢~ K; I~"t- ~ 'J:";:'\ ~~' t·~·i:' \~,;,Iot/j:.,,;,~,; J4. :~;.o; ~...,I't,··~h¡J '\.~'.{' )l~;:~~"~~·r..)t'~~_...;· ..;: .~"'""':"...kJ \i'.::"- .,1j"~ .~ .,..~ ~·0.l: 'Æ"-'c-,1'~~ ~"'\:"~i ·.:~r )I~.J,""-' :-. ,.) f,;;,:...\-,~.,...q./~ J~ _~,...--'\ "'I~.,.~...-:~. >/"'J,...... <..~t'~,' 'J "....; " ,\. 7At:' '~, ..;~'~~r.:, ~'->"::~ft} -} ..;..,.,,,,.-.,¡. ,.~~,.... ~'f'¡¡ :' ~ t.~.~~.~t-¡~' t;'i~·~ ~:'. ~'i.,t:!~~l"'¿/"!! ¡~...,,~ · "",", \ ~J..J ";' / J.." ~~;~:w1~::::':.f~. ,;:r;~oI'~ . 1>...,1 "".t\.o ~ ~ '<1_ "!'~.7~ ';,~~.~ ~ '.~~~~---~~; ;.. ~.... ....,:,;.,f( \ ~ t, ;" ~~~ ~,~~ ~X:~;i?'t:;P -; .';'';'¿'~\ ,:"'¡'j:",.. :."!~,(F.,,1:'~~~f~t ~.¡.,: -,; ~" ,;-;..::I~,'i..,;I· ,(,,~-. "..-'1(; l·~f:~'-:\:t..."·~',t., .~(: ¿~ :,,'~~l~i.-;;~~~J: --,,/ ,,¡(í ''''''''-'-'\"'i '%~: :_::?;ì~~~:r; '~{~1!fx};;:%~ ~...r~\:i~"tj.¡: ~.i::-·ó'~:'; «~ ':1,1 ("..: '.1/ '_'_ .~.pt ( ".:< ~~~~.'..:).\~\:,-"." ",~7.f.'-'~'( .r>-..,:¡';"_Þ¡\' r.,i {~'¿/t,;.t·..w \. ',rt~ 1%~~S~~,~<~;; ~.:t. . J'; ~-\~ J¡':......~l '1¡..¡ ;1.......· ~..Î....~~¡.....~\~~ :;"!i~~~/"11!~J ::~)'~ ,1'"'' ('..,¡ ,'.~J .~~w'" :," "J':'\_I';·';'fl_~\"_)/':·,,'f· i). -.. J,~.>~{~r t/,~/·.~~ ,..,S-i~~.r. ·...i:.:/<:f;·~· ~';,4·"J:n~!'.""f.' . II ,~~:s.v.~;r,t~\r' ,.(' rt.~r:"'~ ',f'-'i;,~~~f'::~~1~) "f:' iV;;"). ,~ ~;.~ \' '¡''¡¡',-:".J( ,.~.··"1.'I·'''' · '0~~~~1 ':1:~J ~~~,~~:;~ .,' '.0"-""'1';'1' ,'-.... .{.;!,j;...<Ì.r..!-, ~ff'¡ ',,:'- ¡¡.t~r.·-:,. ~,( J.;: ~j;~,'W~ ::.:J~-~.~~)~ " . ,.~ -1 Î'~ ' . ",#{1.__;"..<:;V',.,þ 1'7".~,«¡¿-.'. '"',.~ ~,' , .", 1: "I" ¡ . ' :;'r":"~('~'l' ';;.>-' <_X\'I.+.F¡;t~: . [;,>.,n.! ''''',' j'.,j'. \",4" '.!r",~'" .~~({~}t~;ê~ 'of\ < l.. "i; Ì'~ ':\', \ -~: ~ilf~t · .'t!~f'.~~~~'\..".",.... ~:~ ',~ /~ .~ t\J;· - ·i-t<,~ t ., , . .. ..' t<- \~ ~ )j 'ð .{)Q. j ¿ VÎ0- ------, <:; ><. ~~;¡~ .. R ' 1t4ro ~, 1:1 51 ~ ~~~~ 111'1'1. HJ ,J ~Inhl ~ ~ ~ I I~ \~ I \ ~ \ \ ,. ,\ ~}. \ \ . ~..-. ..-.. \.·_.._··-I··_··_..~·, \ \\ \ I '. \ \ "" \ ~' § ¡ ". \ \ . . \, I i ~ '..\ \..1 \ . i \ ..-..-" ..-+ \ \ . i \ , i i i f .-~.-..-...-+"" 160 1 ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '-4 o ~ ~- - - .- --L~ 1603...· SERVICE AGREEMENT BE1WEEN THE EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT AND THE BOARD OF COLLIER COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This SERVICE AGREEMENT (Agreement) made this 26th day of AUŒUst, 1997, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as COUNTY), and the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT. WITNESSETH WHEREAS, pursuant to CoUier County Ordinance 84 _ 84, as amended, the Board of County Commissioners created the CoI1ier County Fire Control Municipal Service Taxing Unit, ( hereinafter referred to as the "Collier County Fire Control District" ); and \VHEREAS, the CoIlier County Fire Control District, as created by Collier County Ordinance No. 84 - 84, as amended, include all of the unincorporated area of Collier County, Florida, that is not included within a dependent or independent fire control district; and WHEREAS, the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT has the necessary equipment and personnel, as described in fire department response procedures Exhibit "A" attached hereto and incorporated herein, to provide fire control, fire prevention and rescue services to sub-areas of the Collier County Fire Control District; and WHEREAS, certain portions of the Collier County Fire Control District described above requires fire and rescue protection services; and WHEREAS, the parties desire to enter into this Agreement under the authority of the Florida Intergovernmental Cooperation Act of 1969 (as amended), being Chapter 163.01,et.seq., for the purpose of most efficiently providing fire service and rescue service to those geographic areas an.d parts of the Collier County Fire Control District which are the subject of this Agreement. NO\V, THEREFORE, in consideration of the premises and Covenants set out herein, and other valuable considerations in hand received this date, each party from the other, which is hereby acknowJcdged, the parties hereto agree as follows: 1 6 0 3 ,-. 1. The term of this Agreement shan be effective from October I, 1997 to September 30, 1998, and, thereafter, shaH be deemed extended year to year upon the same terms and conditions contained herein. This Agreement may be amended as to its terms and conditions at any time by mutual consent of both parties, through a writing executed with the same formalities as this Agreement by both parties. 2. The EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT agrees to furnish fire and rescue protection services, to a portion of the ColJier County Fire Control District. The fire department responses as described in Exhibit "A" shall be deemed to establish the closest station to the response service area. The EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT shall furnish said fire and rescue protection services within a primary zone of coverage within the ColJier County Fire Control District, as well as in other backup zones of the Collier County Fire Control District, as required by procedure, or upon the request of the County or of other Collier County Fire Control District contract providers. The Fire Chief shalJ, in conjunction with other agency fire chiefs servicing the ColJier County Fire Control District, forward to the County a map indicating and confirming each agency's primary and secondary response zones within the Collier County Fire Control District. The Fire Chief of the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT and the Chief of the County Department of Emergency Services, or their designee's, shall cooperate to establish and define said primary and backup zones within the Collier County Fire Control District. Said services shall be provided in the same manner, level and priority as the fire protection and rescue services furnished within the regular EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, taking into consideration the time, distance and resource limitations of the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT. 3. The COUNTY agrêes to pay the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT for services rendered to a portion of the Collier County Fire Control District pursuant to the requirements of paragraph two above, from taxes collected during Fiscal Year 1997-1998. Payment shall be calculated from the latest tax assessment rons avai1able May l"t of each year of this Agreement. Available tax revenue is the total amount of taxes available for fire and rescue protection 2 16D3 ~ services after costs of coUection have been deducted. Payment is to be paid on a quarterly basis on January 1; April 1; July I; and September 1. Revenue and payment wiU be based on the following formula: Total ad valorem revenue for the CoUier County Fire Control District less collection fees and administrative costs, less negotiated payment of 12.01 % to the Isles of Capri Municipal Rescue and Fire Services Taxing District. The East Naples Fire Control and Rescue District, the Ochopee Fire Control District and the Golden Gate Fire Control and Rescue District shall each receive 29.33% of the remaining balance. Payments to the East Naples Fire Control and Rescue District shall be made quarterly by the COUNTY on the followinG' dates; January I, April 1, .July 1, and September 1. 4. Both parties to this Agreement hereby agree to cooperate and participate in mutual programs and projects in the interest of fire and rescue protection within the County of CoUier, and with the Fire Marshall of the State of Florida. 5. This Agreement may be terminated by either party by the sending and receipt of written notice of termination by the other party, on or before July Id of each fiscal year. In the event that notice of termination is provided, it shall be effective beginning on the first day of October after delivered and received. Notice shan be considered sent and received if delivered to and received by the Collier County Emergency Services Chief, or the Fire Chief of the East Naples Fire Control and Rescue District. Notice may be made by U.S. Mail, return receipt requested, or by hand delivery. 6. All Service Agreements, and amendments thereto, between the County and the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT relating to the area previously termed the Collier County Fire Control District are hereby rescinded and superseded. In WITNESS WHEREOF. the p~es he#-<lO h9rehy affix their hands and seals on this ';;;3 day ~ -;z;;;." k-t 1997. J OJ'.' , ~)). ,} "':-"'\. r:;: .- "'- ,i:~: ,"->, .... ....~, \~¿;. ~:;.';:,: ;\" .;,... . ~ :'\ . 16D3"'~ " , Attest: Dated: S:::I-Ú~ Fred Johnson, Secretary EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT -!-\! 1:~-; ... ..,,¡~';.. -~ .. ') ¿o ~~ " ~\. ~'.' ~ ....~' ~1 < ;. ;;. " . " OJ}, -~ '.'.: Tom Canno ;-; , ..-:. ~J BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and / I J L,Æ . legal sufficiency: t\LtA fLt '/TY0 A ~ ..... Heidi Ashton Assistant County Attorney A1TEST: DWIG E. BROCK, CLERK '" . .. .' .. .ø .'... ;,...' / . '. I ..~"-:- ~ ,'4 -". --.: .. _.. ":'.....' ;; ~, .". þ . ': ~ . ') ... ....... /.", '.'-.# t?' - , .,' 'II (I '. ,,' " \ ',' 'IItnq \'..\1~' ~/...:' ~. 4 1603 ~ EXHIBIT "A" FIRE DEPARTMENT RESPONSES TYPE OF SITUATION FIRST DUE PRIMARY SECOND DUE SHARED UNKNOWN SUBSTANCE EMERGENCY 1 PUMPER 1 RESCUE 1 COMMANDER 1 PUMPER 1 COMMANDER HIGH HAZARD BRUSH FIRE SEASON DIVISION OF FORESTRY 2 BRUSH UNITS OR 1 PUMPER AND 1 BRUSH UNIT 1 COMMANDER 1 COMMANDER OUT OF SEASON DIVISION OF FORESTRY 1 BRUSH UNIT OR 1 PUMPER AND 1 TANKER 1 COMMANDER NO RESPONSE VEHICLE ACCIDENT 1 RESCUE UNIT WITH WATER NO RESPONSE RESCUE CALL 1 RESCUE UNIT NO RESPONSE SMALL VEHICLE FIRE (CAR, PICK-UP) 1 PUMPER NO RESPONSE LARGE VEHICLE FIRE (TRUCK, RV, SEMI OR UNKNOWN TYPE) 2 PUMPERS 1 PUMPER 1 COMMANDER 1 COMMANDER 2 PUMPERS 1 TANKER 1 COMMANDER 1 COMMANDER 1 BRUSH 1 TANKER 1 PUMPER 1 COMMANDER 1 COMMANDER 2 PUMPERS 2 TANKERS 1 COMMANDER 1 COMMANDER REGULAR HOUSE OR TRAilER FIRE (SO. OF 3R 84) AS ABOVE, BUT NO. OF 8R 84 COMMERCIAL OR LARGE RESIDENTIAL UNITS MAY BE SUBSTITUTED DUE TO TIME, DISTANCE AND RESOURCE UMITATlONS OF THE PARTICIPATING AGENCY. COMMANDER: ANY OFFICER THAT HAS AUTHORITY FOR COMMAND. 16D4 ..... RESOLUTION NO. 97-~ RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COI~LIER COUNTY REGARDING EMERGENCY MANAGEMENT PROGRAM ENHANCEMENTS WHEREAS, the State of Florida Department of community A1fairs has funds available for Collier County to spend for emergency management program enhancements and, subject ot execution of a Grant Agreement between the State and the County, is authorized to disburse Grant funds to CoDier County; and WHEREAS, the State, by means of proposed Grant Agreement NO. 98CP-OS- 09-21-0] -0 II is agreeing to provide, by means of reimbursement for costs incurred by the County in the satisfactory perfonnance oftha! Agreement up to $101,936.00 for items of performance agreed to in said Agreement; and WHEREAS, the Board of County Commissioners ofCol1jer County agree that performance of the subject Agreement is in the best interests of Collier County. NOW, THEREFORE, BET IT RESOLVED BY THE BOARD OF COUNTY COM1\lISSIONERS OF COLLIER COUN'IY, FLORIDA that the Board approved the Agreement #97CP-OS-09-21-01-01 I between the State of Florida Department of Community Affairs and Collier County as presented to the Board for review, and hereby authorizes the Board's Chainnan to execute the Agreement on behalf of Collier County. This Resolution adopted after motion, second and majority vote in favor of adoption thiso?~ay ~~4 1997. , '^ ~ ~ ~ 'ÀTnST: . " ",,:';.' .D\yItqjT E. BROCK. CLERK ,.>:;~~~~ ,":. , '.' '. ~ :;: I" .By:" r J// ....,,,...~~.. . / -:-. ' 'Deputy Clerk ,',~ " . . ".'. ,~ I¡ '... " , . '41 ~~..i',¡ -Approved as to fonn and legal ~:UJv Th mas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY itL~/ ~01HY. COCK \ . . . ~ 16D4 Contract Number: 98CP-OS-09-21-01-011 GRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of FJorida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County, (hereinafter referred to as the "County"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: \VHEREAS, the Department is authorized, pursuant to Section 252.373, Florida StaMes. and Rule Chapter 9G- J 9, Florida Administrative Code. to disburse funds for emergency management grants to counties; and \VHEREAS. the County is eligible to receive said funds and agrees to comply with aU the requirements of this Agreement and Rule Chapter 9G-J9. Florida Administrative C04~. I. SCOPE OF WORK AND FUNDING NOW, THEREFORE, the Department and the County do mutually agree as follows: The County shall fully perform the obligations in accordance with the Scope of Work, Attachment A of this Agreement. Funding for performance of the Scope of Work shaH be provided in accordance with Attachment F. II. INCORPORA TrON OF LA WS. RULES. REGULA nONS AND POLICIES Both the County and the Department shall be governed by applicable State and Federal laws, rules and regulations, including, but not limited to, those identified in Attachment B. III. PERIOD OF AGREEMEN'{ This Agreement shall begin October I, 1997 and shall end September 30, 1998, unless terminated earlier in accordance with the provisions of Paragraphs VII. or IX. of this Agreement. All requests for reimbursement should be submitted prior to the tennination date of the Agreement. However, no requests received after November I, 1998, will be reimbursed from this Agreement. Reimbursement requests shan not be submitted by facsimile transmission. IV. MODI FICA IrON OF CONTRACI Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be effective only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. V, MQNill)..RlliQ The County shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Scope of Work is being accomplished and other " 1 I6D4 VI. LIABILITY The County shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement For purposes of this Agreement, the County agrees that it is not an employee or agent of the Department. 2. the costs would be allowable if the award were not Suspended or expired normally at the end of the period in which the termination occurs. C. Counties with terminated grants shall remain obligated to provide all required closeout information. 2 performance goals are being achieved. Such review shall be made for each function or ' activity set forth in Attachment A to this Agreement, and reported in accordance with Attachment D. Records of such activities shalJ be created and retained in accordance with Attachment C. VII. NONCOMPLIANCE. REMEDIES. AND TI:RMINA TJO}i A. If a County fails to comply with any term or condition applicable to an award under Rule Chapter 9G- 19 or any term or condition including, but not limited to, federal and state laws. rules and regulations. applicable to any other funding administered by the Division, then the Department shall take one or more of the following actions, as indicated by the attendant circumstances: . I. temporarily withhold cash payments. pending correction of the deficiency, or more severe enforcement action; 2. disallow all or part of the cost of the activity or action not in compliance; 3. suspend or terminate the award; 4. disallow future participation in the program or funding provided under this rule chapter; 5. recover all funds provided under the CUlTent award. B. Costs of the County resulting from obligations incurred by the County during suspension or after termination of an award are not allowable unless the Department expressly authorizes them in the notice of suspension or termination. or subsequently authorizes them in writing. Other COlU1ty costs during suspension or after termination which are necessary and not reasonably avoidable may to in the sole discretion of the Department, be allowable if: I. the costs result from obligations which were properJy incurred by the County before the effective date of the suspension or termination, are not in anticipation of the suspension or termination, and, in the case oftennination, are not cancelable, and f 1'6 L-;- D. In the event that any audit determines that costs reimbursed or otherwise funded under this Agreement should be disallowed, then the County shall return those disallowed fimds to the Department. In the alternative, the Department may, in its sole discretion, offset the disallowed amount against any current or future awards to the County from any other grant agreement or contract with the County administered by the Department. . E. Actions taken for noncompliance constitute fmal Department action under Chapter 120, Florida StaMes, as amended. Notification of such actions shall include notice of administrative hearing rights 'and time frames. F. The County shaH return funds to the Department if found in non-compliance with laws, rules, or regulations governing the use of the funds or this Agreement. G. This Agreement may be terminated by the written mutual consent of the parties. VJIJ. NOTICE AND CONT AC'( A. . The Department designates Joseph F. Myers, Director, Division of Emergency Management, or his designee, as the Department's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him at the following address: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 B. The signer of this Agreement or hislher designee shall be the County's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to himlher at the following address: Kenneth F. Pineau Emer£p.ncy ~anagement niTPrtoT 3301 East Tamiami Trail Naples, FL 34112 . TeJephone#:(94) 774-8444 C. AlJ payments relating to this Agreement shall be mailed to the following address: Collier County Emer2enCY Mana2ement Dept. 3301 East Tamiami Trail Naples, FL 34112 D. In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title, address and telephone number of the new representative wilJ be rendered as provided in Paragraph VIII. A and B above. 3 ---.---.- " 'IX; OTHER PROVISION~ 16D4 A. The validity of this Agreement is subject to the truth and accuracy of an the infonnation, representations, and materials submitted or provided by the County, in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfiJl the requirements of this Agreement, and such infonnation, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the CoW1ty, cause the tennination of this Agreement and the release of the Department from all its obligations to the County. B. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed nun and void to the extent of such conflict, and shaH be deemed severable, but shall not invalidate any oilier provision of this Agreement. C. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict perfonnance by the County shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the County. Any power of approval or disapproval granted to the Department under the tenns of this Agreement shall survive the tenns and life of this Agreement as a whole. D. The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. X. AUDIT REQUIREMENTS A. The County agrees to maintain financial procedures and sUpport documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. B. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be COnstrued according to circumstances, but ordinarily shall mean normal business hours of8:00 a.m. to 5:00 p.m., local time, Monday through Friday. C. County shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. D. The County shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Florida Statut~, and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 V.S.C. SSe 7501-7507, OMB Circulars A-128 or A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement. The funding for this Agreement was received by the Department as a grant-in-aid appropriation. 4 ..<..--- ~ ~i};~ .' , ,~J j.. <.. r,:;·~í · .~~~;~ ..11'~~-~ J .,. ;L:"~~~ ):':? "~7~~.~ 'r ,:" :~r-_ · ::l~~ ''ItI ~ /.~ · -. :.' )C ·~:{1:: ..(,o..~ :~. ~~<¡1 >:~"~~7 ';-<f'_~,'). ':f-l,~~r ',' r. ,¡;~i ,;~r~1 ;: -:;~ ¡~: ~i~'.:.';.. /";{-,, , :~~:~, ':"'~", .r.. ,yr. .. .'f;- - -\ ';';, ~ ~:' >~- - . ~~~,~ ~ . 1") : :~:~~: ~~g 'I.V,.( c--'¡~'\ ',.i;,~~'¡.~'. ~(:ft,. ./'0. f~/~.~ )þ.~ l'f. '~~~ ,.....:. ,'. :~~~t~ -~~ ~~' ~~, '. ",l"-""\\) ~~:} K ¡'" "~'~: ~,(~ ~~.~ 0.'.....". t,J.---! .,'J:...~ ,- f, , ", ..1'",."¡'. '/" '>-." ~:{" -'t,',"" \~':': L - ~, ;.1/ {;ø-!,)I -~·t(~ :¡;(:~~ ~ i.'..... Jf..... . /..4 ),> . Yc(' -" . ";Á.I ~~<;~~ ~ .' ....~); ,. . f f . . ..~~.. ,t' ~ V,.' "!- \ . .... :,' i 1;, ., .~~, <>..: " :. \ '·i. ~ / 'j .. ,. , ( 16D4 I. The annual financial audit report shall include all management letters and the County's response to all findings, including corrective actions to be taken. The annual financial audit report shaH include a schedule of financial assistance specifically identifying all Agreement and grant revenue by sponsoring Department and Agreement number. The complete financial audit report, including all items specified in Paragraph X. D. 1. and 2. above, shall be sent directly to: 2. 3. Department of Community Affairs Office of Inspector General 2555 Shumard Oak Boulevard Tanahassee, Florida 32399-2100 E. In the event the audit shows that the entire funds, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the County shan be held liable for reimbursement to the Department of an funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the County of such non-compliance. F. The County shaH retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of three years after the date of submission of the final expenditures report. However. if litigation or an audit'has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. G. The County shall have all audits completed by an Independent Certified Public Accountant (ICPA) who shaH either be a certified public accountant or a public accountant licensed under Chapter 473, Florida StaMes. The ICP A shaH state that the audit complied with the applicable provisions noted above. XI. SUBCONTRACTS AND PROCUREMENT H. The audit will be submitted no later than April 30, 1999. ..~, , '( ;,.(;> , ' . A. If the County subcontracts any or all of the work required under this Agreement, the County agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department B. The County agrees to include in the subcontract a provision that the subcontractor shall hold the Department and County harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. See Attachment E for any additional terms and conditions pertaining to subcontracts. 5 .~ " ";' ~~-~.~ .".. .-: \'; .~~J. .. '~~ ~\ ~.-, 'II '..<..\ . ,,~ 1\ ' ., . " 'r' .. \ ' (' ...~,,;::-....... ,. "\ XII. TERMS AND CONDITION~ 16D4 The Agreement contains all the tenns and conditions agreed Upon by the parties. XIII. A IT ACHMF.NTS A. All attachments to this Agreement are incorporated as if set out fully herein. B. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shaH be controlIing, but only to,the extent of such conflict or inconsistency. XIV. ST ANDð,RD CONDITIONS The County agrees to be bound by the fo))owing standard conditions: A. The State of Florida's perfonnance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statute~. B. If otherwise allowed under this Agreement, extension of an Agreement for contractual services shaIl be in writing for a period not to exceed six (6) months and shall be subject to the'same terms and conditions set forth in the initial Agreement There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the County. , C. AlI bi1ls for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. D. If otherwise allowed under this Agreement, all bills for any travel expenses shaJJ be submitted in accordance with s. 112.061, F10rida Statu1a. E. The Department reserves the right to unilateraUy canc:el dùs ~K:Dt for n:fusaJ by the County to allow pubUc access to all documems, pipers, Ieøers or odx:r material subject to the provisions ofCbapter 119. Florida St3ruIPc m:I made 01' r~eived by the County in conjunction with the A~ F. The State of Florida will not intentionally award pubIidy-fimded ~-.b So my contractor who knowingly employs unauthorized aJico wodcn. mÂf..:.c a violation of the employment provisions contained in 8 U.s.C- Scttiou 13241(e) [Section 274A(e) of the Immigration and Nationality Act ("INA j). The Oepa¡~ shall consider the employment by any contractor of unaurhoriæf aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA sbaß be grO\a1ds for amilateraJ cancellation of this Agreement by the Department G. A person or affiliate who has been placed on the convicted vendor list folJowing a conviction for a public entity crime may not submit a bid on a contract to provide 6 1604 any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contractwith a public entity, and may not transact business with any public entity in excess of Category Two for a period of36 months from the date of being placed on the convicted vendor list. XV. STATE LOBBYING PROHIBITION No funds or other resources received from the Department in connection with this Agr~ment may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state Department. XVI. LEGAL AUTHORIZATION The County certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable. its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The County also certifies that the undersigned possesses the authority to legally execute and bind County to the teons ofthjs Agreement. XVII. EQUrrMENT AND PROPERTY MANAGEMENT The County acknowledges the completed installation of a Hughes Network Systems, Inc., Personal Earth Station~ and related equipment (hereinafter "the Equipment'). The County acknowledges and agrees to comply with applicable terms and conditions of: (I) the State of Florida LeaselPurchase Agreement, dated October] 994, executed between Hughes Network Systems, Inc. ("HNS'), and the Department, (a copy of which is available from the Department) regarding the procurement and use of the Equipment; and (2) the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Department) (hereinafter, coIlectively, "the HNS Agreements") regarding the operation of an interactive satellite communications service for the Department, the County and other sites. In Particular, the County agrees: A. That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shan be communicated directly and exclusively to the Department's State Warning Point (SwP) (904) 413-9910. B. That the County will assist and comply with the instructions of the SWP and any technical service representative responding to the report or service request. County personnel shall cooperate with and assist service representatives, as required, for installation, troubleshooting and fault isolation, with adequate staff. C. That the County shall not change, modify, deinstalJ. relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Department. 7 '. "------ --- 16D4 D. That the County shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations of the County's facilities and premises, and will arrange permitted access to areas of third-party facilities and premises for the purpose of inspecting the Equipment and performing work related to the Equipment. Service representatives and otherS performing said work shall comply with the County's reasonable rules and regulations for access, provided the Department is promptly furnished with a copy after execution oftrus Agreement. The County shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The County shall provide service representatives with access to electrical power, water and other uti1ities, as well as telephone access to the County facility as required for efficient service. E. That the County shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the County to procure insurance. The Department agrees to procure and maintain all risks insurance coverage on the Equipment. The County agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS Agreements, any applicable laws, codes ordinances or regulations. The County shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal wear and tear resulting from its intended use. The County shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWP, and shall comply with reasonable instructions issued thereafter. F. That any software supplied in connection with the use or installation of the equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or the Department's vendor(s). The use of one copy of said software is subject to a license granted from HNS to the Department, and a sublicense from the Department to the County, to use the software solely in the operation of the Equipment, to commence on delivery of the software to the County and to last for the term of the HNS Agreements. The County shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering Or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The County shall not, djrectly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third party. G. To comply with these provisions for a period of sixty-seven (67) months from the date of insta]]ation of the Equipment, or the tennination of the HNS Agreements, whichever OCcurs first. H. The"amounts retained for the satellite service cover the initial order for services provided to the Department pursuant to the services agreement between Hughes Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. The service charge covers only the remote corrective maintenance specified in paragraph 4.3 of the Service Agreement with HNS and does not cover 8 16D4 other maintenance, repair, additional equipment and other services not part of the initial order for services.ln particular, the service charge does not cover: I. MaintenanceIIf'Cpair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the County or causes external to the Equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication Equipment not provided to the County by the Department under this Agreement, or from any cause other than intended and ordinary use. . 2. Changes, modifications, or alterations in or to the Equipment other than approved upgrades and configuration changes. 3. Deinstallation, relocation, or removal of the Equipment or any accessories, attachments or other devices. The County shall be independently responsible for any and aU charges not part of the initial service order. XVIII. COMM1 MCA nONS COSTS By its execution of this Agreement, the County authorizes the Department to deduct the appropriate costs of the recurring charges for the satellite communications Equipment from the allocation provided to County under Rule 9G-19.005(3), Florida Administrative Cod~. The deduction is $500 per montli for twelve months ($6,OOOlyear). In the event the County desires to continue use of the National Warning System (NA WAS) line, then the County shaIl assume all operational and fiscal responsibility for the NA WAS line and equipment in the County. XIX. YEHJCLES Written approval from the Director of the Division of Emergency Management must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement In the absence of such approval, the Department wiU have no obligation to honor such reimbursement request xx. CERTIFICA nONs. # By its execution of this Agreement, the County certifies that it is currently in fuU compliance with the Rule Chapters 90-6,90-7,90-11, and 90-19. E..A.C.., Chapter 252, Florida Statute~ and appropriate administrative rules and regulations that guide the emergency management program and associated activities. The County certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund will not be used to supplant existing funds, nor wiU funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. 9 16D4 By its signature below, the County reaftinns its certiñcation to employ and maintain a fuU- time Director consistent with Section 90-19.002(6). Florida Administrative Code. IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. FOR TIlE COUNTY: COLLIER COUNTY FOR THE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: BY:~ 'Í\utho . un cia! TIMOTHY L. HANCOCK, CHAIRMAN Board of County Commissioners Nameffitle Date: Date: !J1-{, ('/00 5- r7 Federal Employer ill Number . ~"ii;~Þ.~dth:~'.RROCK, CLERK . ~ ;L~' ~;·:'.DY.: -. .' 7;~ - ~. C' : .~/. (Attestina Signature) ~ ""'0 .~.' . rX , ~ oJ '1") ....., ;', Deputy Clerk / ~ ~ - ,.. . ,/,', . , .. - ~ r .......~~~'.... ......'" , I .... ' , Cf(i/H ~,ì Approved as to Form and Legal Sufficiency 5L~r. ~ Thomas C. Palmer. sistant County Attorney . ..' 10 ;1 . .-.---.....,. .._-,-,""""._._,..,.........-....__..._-'"-_._~."',....."' 1604 Attachment A SCOPE OF WORK Base Grant funding from the Emergency Management, Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapters 9G-6 and 7,.E.AJ:. and Chapter 252, E..S.J. This Scope of Work recognizes that each county is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards and serves a unique population. . In order to receive base grant funding, each county must certify that it will use the award to enhance its Emergency Management Program. As a condition of receiving funding pursuant to this Agreement, the County shall complete the work items that fall between October 1, 1997 and September 30, 1998, listed in the most recently revised Five-year Strategic Plan, as approved by the Department. The revised Five-year Strategic Plan is attached hereto as Attachment A-I. Subsequent revisions during the tenn of this Agreement shall be those submitted by the County and approved, in writing, by the Department. 11 .. , , 1. 2. 3. 4. 5. 6. 7. 8. Attachment B PROGRAM STATUTES AND REGULA TION~ Chapter 252, Florida Statut~ Rule Chapters 9G-6, 9G-7, 9G-I I, and 9G-19, Florida Administrative Code OMB Circular A-87 Chapter 287, Florida Statutes Chapter 119, Florida Statutes Chapter 60A-l, Florida Administrative Code The Robert T. Stafford Disaster Relief and Assistance Act (42 USC 5121 et seq) 44 Code of Federal Re¡ulations parts 7, 9, J3 and 206 . 12 -. -----.- 16D4 1604 Attachment C RECORDKEEPING A. If applicable, County's performanee under this Agreement shall be subject to OMS Circular No. A-I 02, "Uniform Administrative Requirements for State and Local Governments" or OMB Circular No. A-ItO, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A- 122, "Cost Principles for Nonprofit Organizations." B. All original records pertinent to this Agreement shall be retained by the County for three years following the date of termination of this Agreement or of submission ~..rthe final close-out report, whichever is later, with the following exceptions: I. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until al1litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at S I ,000 or more at the time of acquisition shall be retained for three years after final disposition. 3, Records relating to real property acquisition shall be retained for three years after closing of title. C. All records, including supporting documentation of all pro'gram costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work, Attachments A and A-I, and all other applicable laws and regulations. D. The County, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. 13 ~'-""-- · . 1604 Attachment D REPORTS A. The County shall provide the Department with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Department's Area Coordinator, and a final close-out report, all in a format to be provided by the Department. B. Quarterly reports shall begin with the first quarter of the county fiscal year; are due to the Department no later than thirty (30) days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program ye~r are December 31, March 3 I, June 30 and September 30. e. The final cIose-out report is due forty-five (45) days after termination of this Agreement. D. In addition to the above, in order to ensure compliance with Rule 90-19.01 I,~, historical budgetary information relating to the County Emergency Management Program will also be required. This information shall be developed based on guidelines provided by the Department and shaH be submitted to the Department no later than March I, 1998. E. A proposed budget summary describing planned expenditure of funds provided under this Agreement toward the completion of items detailed in Attaclunents A and A-I shaH be submitted to the Department in a format provided by the Department not later than December 31,1997. F. If all required reports, budget summary and budgetary information prescribed above are not provided to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraphs VII. and IX., and Rule 9G-19.014,.E..A.C.. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. G. Upon reasonable notice, the County shaH provide such additional program updates or information as may be required by the Department. H. All report formats provided by the Department shall be made available to the County by request on electronic disk. 14 .. --------. " Attachment E 1604 PROCUREMENT. SUBCONTRACTS AND SUBGRANTS A. Subcontracts entered into by a County in connection with any portion of the Scope of Work shall contain all tenns of the County's Agreement with the Department. B. The County shall send a copy of any subcontracts entered into in connection with implementing the Scope of Work to the Department within 30 days after their effective dates. C, The County shall not award subgrants using funds awarded pursuant to this Agreement. D. The County shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise pennitted, the County shall utilize competitive procurement practices. E. Allowable costs shall be detennined in accordance with Office of Management and Budget Circular A-87. 15 ~~~-~..._-,-_.....'" , I ".' 1604 Attachment F FUNDING/MATCHrNQ A. This is a cost-reimbursement Agreement. The County shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed S 115,936 subject to the availability of funds from the Department. The amount of funds available pursuant to this rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Funds received from tbe Emergency Management, Preparedness and Assistance Trust Fund may not be used to supplant existing funds, nor shall funds from one program under the Trust Fund be used to match funds receind from another program under tbe Trust Fund. Included in this Agreement is S20,000 carried forward from the County's FY 1996-97 Emergency Management, Preparedness and Assistance Base Grant Agreement for expenditure in FY 1997-98. All terms and conditions contained in this Agreement relating to the use of the initial FY 1997-98 allocation of funds are fully applicable to the carried forward funds. Said carried forward funds from FY 1996-97 may not be used in the calculation of eligible funds to be carried forward into FY 1998-99 as detailed in this Agreement, Attachment F, Section H. B. Any advance payment under this Agreement is subject to s. 216.181 (14), Florida Statute!i. Up to twenty-five (25) percent of an award may be advanced. If an advance payment is requested, the budget data on which the request is based and a justification letter shaH be submitted. The letter will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Indicate below which method of payment is preferred: 1./ No advance payment is requested; payment will be made solely on a reimbursement basis. 2. An advance payment ofS is requested; balance of payments will be made on a reimbursement basis. (Justification letter must be provided; advanced funds may not exceed 25% of total eligible award) C. After the initial advance, if any, any further payments shall be made on a quarterly reimbursement basis. Additional reimbursement requests in excess of those made quarterly may be approved by the Department for exceptional circumstances. An explanation of the exceptional circumstances must accompany the request for reimbursement. The County 16 "_,_~.o_........;......_,...." ____If v ~.. .' 1604 agrees to expend funds in accordance with the Scope of Work, Attachments A and A-I of this Agreement. D. All funds received hereunder shall be placed in an interest-bearing account with a separate account code for tracking all deposits, expenditures and interest earned. Funds disbursed to the County by the Department that are not expended in implementing this program shall be returned to the Department, 310ng with any interest earned on 311 funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. E. The County shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. F. Allowable costs shall be detennined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. G. At a minimum, the County shall continue to provide other funding for the County Emergency Management Department at an amount equal to either: (I) the average of the previous three years' level of county general revenue funding of the County Emergency Management Department; or (2) the level of funding for the County Emergency Management Department for the last fiscal year, whichever figure is lower. County general revenue funding for 9]] services, emergency medical services, law enforcement, criminal justice, public works or other services outside the Emergency Management Department as defined by Section 252.38, Florida Statutes, shall not be included in detennining the "level of county funding of the County Emergency Management Department." The County shall certify compliance with this rule chapter and this rule by its execution of this Agreement, and as a condition precedent to receipt of funding. H. Should the County wish to carry forward, into the fiscal year beginning October I, 1998, any unspent funds awarded under this Agreement, the County must request such carry forward of funds in writing to the Department by July 31, 1998. This request must include a detailed explanation and justification for the request and may not exceed an amount equal to 25% of the total amount awarded under this Agreement less the funds, if any, carried forward in the initial FY ]997-98 Agreement from the FY ]996-97 Base Grant Agreement. Failure to timely submit infonnation, or failure to submit complete infonnation, may result in the denial of a request to carry funds forward. Any carry forward amounts approved will be added to the County's following year's base Agreement. ]7 ('C>l::"T)', 1 ~ ~-/ bULLU:K. ., STATI1S OF S-YRPi.ANi~<·i.' U'.aM:D M1IIrAC:l'Cft DAn RETL...'nJ) POll ACJ'1O!'f . ' Y/N Y/N', Complete and revisions incorporated y y nla " "'þ '. . ~ ; .'. ¡", t. ......\ -" if , ~ EmpbasiJ ÁreaS. t'o¡',JTY 98 Portion of 5- Year Plan I!:mpla.sh Area. Locatioe Training & Exercising Response Organizations 1.4.3, 1.6.3, 3,1.3. 5,1.1.3, 6.1.1.6,1,4, 7,14 Shelter Deficit/Submit Projects for Retrofit 3.1,4, 4,1.2 Critical Facility Inventory Maintenance 1.1.1-3 5- Year Strategic Plan Submission (3rd Qtr) 9.2.1 Self Assessment Update to Area Coordinator (3rd Qtr) 9.1.1 CEMP & SOP Maintenance 1.4.2 Address Developing Local Mitigation Team & Strategy (404 Projects &. Funding Goal 1 1 Sources ) Plans to Submit Waiver to ARC Policy on Hurricane Shelters WaÍ\'Cf TCqUc3Is IUbmiucd ill fY97. Address Staffing ShortfaIls regarding Shelters 1.5.2,4,2.1 Develop Procedure to Implement State Disaster Match Policy BOCCA Co.Mar briefed. Othtt lte!IIs fIl FY 97 "-Scale E.pIt.... œ-pIete Work 3.1,1 Window protection for GC KS. 3.1.1 5,1,2 Schedule Public Officials' Conference. 5.3.1 7,1.3 PIa procedures... 8.1.3 8,2.1 Develop mechanism to track monies spent 11. 1.2 8.2.4 Update CFI with generator information... 1. 1.2 8.2.5 Establish agreement w/generator providers... 1. 1.4 AU.WOU~ COIIDŒ:fr CCItP.IZTED EOY "'0GIt.Ur U\1E1Ir1 NO YES Incomplete work moved to FY 98. " ". '.. .., . ,....~~..., J:. ..,' .., . '. u:êO~ATlÔNTÓ¡r,-iriAn~JY.~¿it;~~~·~·:... '. 1 "~;:~~;..:~;'.~~. YES . '. ";'. ' ,- '. ~ .,.. ~'-' ~-J"o ... ",;"" _ '" . ~..' .. ..~. __ . ,.,-'"~..- '0, ,,'.. " CI:J\Gœ,-n County CEMP being rewritten and therefore no maintenance for FY 98. Collier EM office is making steady progress and striving to continually attain lofty goals, a:r 1601. ~ ........ . ~ ~. f-~ ~ f. 1604 ~1 COLLIER COUNTY FIVE- YEAR STRATEGIC PLAN (1998-2002) Vulnerabilities and Capabilities Collier County continues to be one of the fastest growing commuruties in the United States. Its permanent resident population has increased twelve-fold since the passage of Hurricane Donna in 1960. There are currently three municipalities within the County: The City of Naples, (21,624), The Marco Island (13,539) and Everglades City (554). Statistics provided by the Collier County Comprehensive Planning Section estimate that the county--wide population is 206,680 in 1997 and should grow to 254,501 by 2002, Peak population (January - April) is 294,304 in 1997 and 363,200 in the year 2002. Fortunately, peak season does not coincide with our hurricane season. Collier County, at 2020 square miles, is one of the largest counties, in size, within the State of Florida. The topography is relatively flat ranging from sea-level along t.he coast to 38-40 feet in Immokalee. Approximately 88% of the population live within the Tropical Storm-Category 3 vulnerability zones. Hurricanes remain the most serious threat, Since 1886, Collier County has had 52 named storms that came within 60 miles of its borders. The frequencies are broken down as follows: 30 Tropical Storms 6 Category 1 Hurricanes 5 Category 2 " 9 Category 3 " 2 Category 4 " o Category 5 " Storm surge and hurricane force winds, not withstanding, localized flooding from excessive rainfall over super-saturated soil and low level tornadoes are relatively common during the late spring and summer months. Most residences have been constructed since the County developed flood plain ordinances in the mid 70's thus residential flooding is not a significant problem although roads become flooded quite easily. Flooding resulting from Tropical Storm Jeny and Hurricane Opal caused damages to more than 350 homes and businesses in 1995, Thunderstorms and their associated lightning are common from May-September with 97 thunderstorm days along the coast and 105 in the Northeast sections of the County. Forest fires, particularly in the Golden Gate Estates area can become serious especially after freezes and periods of drought. Thirty-thousand acres were lost in 1985 and 24,550 in 1988. Since 1988, local fire districts and the National Park Service have 1604 initiated a "controlled bum" program which mitigates the threat but more people are moving eastward to the urban/wildfire interface areas. Hazardous materials are present in significant numbers throughout the County with the ImmokaJee area having a very large quantity of agricultural chemicals, Collier County has between 90-] 00 fàcilities that store extremely hazardous substances on site, Other potential man-made threats could come from a mass casualty event involving an airplane or bus, terrorist activities, or civil disturbance. Collier County is considered an ingestion pathway county because of the: close proximity of the Turkey Point . Nuclear Po'.ver Plant in South Dade County. Medical facilities within the county are: Genera] Hospitals Substance Abuse Centers Urgent Care Centers Ambulatory Care Centers Nursing Homes Assisted Living Facilities 2 3 6 8 ]0 18 In addition, there are approximately 750 individuals that are registered with this department as special needs c1ients, There are, however, approximately 7000 individuals with special needs that are not registered with this agency, Many of them will require assistance during a disaster, The Emergency Management Department is staffed with 3 full-time employees: Director, Coordinator and Senior Secretary. We also have a pennanent, part-time (30 hours per week) emergency management technician as well as a clerical assistant to help manage the special needs program from May to October. In addition to dealing with public awareness, alert and warning, speciaJ needs, sheltering, recovery and mitigation issues, communications exercise development and plan review for health-care agencies, we are increasingly being asked to sit on or chair task force committees for developments of regional impact, planned urban developments, disaster recovery task forces, grant management and procurement, etc. These additional tasks will require additional manpower or we wil! be forced to eliminate the "nice to have" and concentrate on the essential or mandated items, 2 . " ~ '~'. ..~ ~(>{-!>"'::i ~~¡, J .,>': ~;['r:j ~<:-i~'~.'." #i-: j .,~ ;~: . ;~;;, ~:'..¡ .-1:./ :/<.-.,.-" '~,~..:~ ~ .~ 'h7~~ . ~ ..... ~. ¿~ i;"~: I, '. , , ~f~:~ð::í :;;v:;, ~¡} ~"~r:'::' (-:~-'.~ ~, 't~\:~~ <..~~:~ ~~t~.;. ~, .." I:.... ' ~t·~\ é~j;~ :~¡.:/.:. ;1jJ..;,/ ::.~, :t, i "..7; " ~t: J,.' _'. I' \t > /! ., ~;;ii' -~~~:~~ .? ';J ~-,~.. ': f~ ." , ;'1,;-:: '\-:.{;:¡ :ii;~;: :",r; j, :';~~-', "{.:\' ¡ t4\ ...:,....,~ ~~~ ";(i- ;;'.~,.' ',l-~ h?~ ¡.' '. " <::5~!,; .;. .t:_ '~"'. ~d~~."'. .'"..'!":r:, {.f\ 1];~' ~'~~t'-., S.[., . ~Ö '.... f: t~¡ ~~ ~" " ~.~ ~'~r- ", ~,~. ". 'JX t~\ \ .{¡~-~.';. t;~;..:,..' .;,., ;~..ß:<~~/,: . i ,f ~~ ' , '.... ,:'" ~. .,. t . , Current Assessment - Where are we? 16D4 Collier County has been recognized state-wide as having a pro-active and comprehensive emergency management program. Strengths that form the program's foundation include: * Expertise in preparedness, response and recovery planning efforts. * Comprehensive public awareness/preparedness program that uses the press, radio and television in addition to the Internet and disaster seminars to convey information. * Experienced, well trained staff of dedicated professionals. * A mitigation program that stresses the reduction Offuture damages iTom disasters. * Outstanding working relationships with the media, public and private agencies, * Comprehensive emergency management exercise program. * Outstanding commurucations and broadcast fax system. * Active Participation in State and National emergency management associations. * A nationally recognized web site on the Internet with links to other state and national public safety agencies and universities. * Strong supporter and participant ofintergovernmentaJ emergency management partnerships i.e. FEP A. NCCEM, ASPEP, and SWFT earns. * Highly trained cadre of amateur radio operators to assist in times of disaster. * Excellent relationsrups with Jocal and nationaJ disaster relief organizations. * Both EM director and Coordinator have received Certified Emergency Manager (CEM) accreditation through the National Coordinating Council of Emergency Management (NCCEM). * Good Support with the County's murucipalities and independent fire Districts. 3 í- . ~..~ '/"",' , ~ .; -.'",;;. -¡; '. - .. , .~.' ./ 1604 Where Are We Going? What need to be done? Although our emergency management program has make great strides during the past five years, much needs to be done. This includes: '" Reducing public shelter deficit spaces to meet an established level of service of 60,000 shelter spaces by 2002. '" Increasing the number of special needs shelter spaces to met the expectations of an ever increasing elderly and informed population. '" Developing supporting plans and procedures to implement the County's Comprehensive Emergency Management Plan. '" Assisting in the development of a region-wide evacuation plan for disasters. '" Developing a contingency plan for sheltering operations in the event that the American Red Cross elects not to participate. '" Restructuring current plans and procedures to be consistent with the State's revised emergency planning criteria. '" Increased Disaster Awareness Education training opportunities for mobile home residents and boat owners. '" Increased private sector involvement in sheltering, response, and recovery activities. '" Increasing the number of trained volunteers to augment the program during emergencies. '" Improving emergency responders' knowledge of Collier County's emergency response structure of 18 Emergency Support Functions under an incident command system. '" Recommending and implementing mitigation measures by developing a local mitigation strategy; and '" Expanding current service levels in the area of public awareness, staff development, resource management and equipment maintenance. 4 16D4 GOAL 1 Improve the County's ability to respond to post-disaster response operations. STRATEGY 1.1 Maintain a comprehensive inventory of post-disaster critical facilities within Collier County. Task 1,1.1 By April 1998, review and add or delete facilities to the master critical facility listing. Task 1,1.2 By June 1998, complete the critical facility inventory and send program diskettes to the Division of Emergency Management. Task 1.1.3 By June 1998, and every year thereafter, review and add or delete facilities to the master critical facility inventory and send updated diskettes to the Division of Emergency Management. Task 1.1.4 By May 1998, establish an agreement with local generator providers. STRATEGY 1.2 Maintain mental health counselors within the county that could provide counseling to the general public after a disaster. Task 1.2. I By March 1998, and every March thereafter, meet with the Medical Director of the Critical Incident Stress Debriefing team to determine the level of commitment, review capabilities and, if necessary, recruit new members. Task 1.2.2 Maintain a current listing of mental health counseling within the community that could provide counseling to the general public after a disaster. Task 1.2.3 By May 1998, and every May thereafter, determine the availability of American Red Cross accredited courses for the CISD team members. STRATEGY 1,3 Acquire a commitment from public and private resources for the use of facilities that could be used to further the recovery process. Task 1.3.1 By April 1998, and yearly thereafter, contact designated Disaster Recovery Center facility owners to determine their wilIingness to provide the use of their facilities. 5 16D4 Task 1.3.2 By May 1998, and yearly thereafter, review the Disaster Assistance site worksheet and add or delete facilities to the inventory. Task 1.3,3 By May of 1998, inventory Disaster Assistance kits and develop 2 new additional kits for center expansion. Task 1.3.4 By April 1998, determine the long-term plans for maintaining the Community Center at Cambier Park and install window protection if feasible. STRATEGY 1,4 Maintain a high capability for the County and its municipalities to provide an assessment of damages to accommodate a rapid delivery of outside assistance. Task 1.4.1 By May 1998 and annually thereafter, determine the need for damage assessment training and arrange for training if conditions warrant. Task 1.4.2 By May 1998, and annually thereafter, review the RIA T Standard Operating Procedure for currency and update if required. Task 1.4.3 Include RIAT tasking as part of the State-wide hurricane exercise in 1998. Task 1.4.4 By April 1998, and annually thereafter, check adequacy, currency and supply of Damage Assessment work sheets and amend and/or re-supply. S TRA TEGY 1.5 Develop procedures to assume sheltering responsibilities if the American Red Cross continues its moratorium on shelter management. Task },5.1 By April 1998, develop a Memorandum of Agreement with Col1ier County School Board that defines roles and respon- sibilities of shelter operations. Task 1,5.2 By April 1998, and every year thereafter, determine shelter manager availability and recruit and train additional managers from county resources. Task 1.5.3 By April 1998, develop shelter registration forms and maintain adequate supplies. 6 1~ 16D4 Task 1.5.4 By April J 998, develop adequate signage for at least 8 shelters. Task 1.5.5 By April 1998, develop a minimum of8 shelter manager kits for deployment to shelters when necessary. STRA TEGY 1.6 Provide for the etrective use ofvoJunteer workers in disaster response and recovery operations. Task 1.6.1 By March 1998, and annually thereafter, detennine the availability of the Florida Sports Park as a Volunteer and Donations Coordination Center. Task 1.6,2 By April 1998, develop sign age that would assist and direct volunteers to the designated Volunteer and Donations Coordination Center. Task 1,6.3 Exercise the Volunteer and Donations Coordination Center as part of the 1998 State-wide Hurricane Exercise. Task 1.6.4 By April 1998, inventory VolunteerlDonations Administration Kits and replenish if necessary. STRA TEGY 1.7 Enhance the County EOC's ability to remain operational after a disaster. Task 1.7.1 Submit a grant during the J 998-99 Competitive Grant bid cycle for an external generator outlet at the County Admin- istrative Building. .ÇOA L 2, Improve the Emergency Management Department's ability to receive and disseminate critical weather and other disaster related ìnfonnation. STRA TEGY 2. ] Expand the Collier County Emergency Management web-site Task 2.1.] By March 1998, research and update disaster preparedness infonnation on the web. Task 2.1.2 By April] 998, include the Pet Motel directory on the web-site to include hotels/motels in Florida, Alabama, Mississippi and Georgia. 7 "·_>.'·w_~___.._,___.,_..._·_",_,.,_...._.......",,~_ STRATEGY 2,2 Continue the use of AT&T Enhanced Fax or a suitable substitute to quickly disseminate emergency action state- ments to critical facilities with the county. Task 2.2.1 By October 1997, and at least quarterly thereafter, review existing call lists for additions and deletions. Task 2,2.2 By February 1998, as part of National Severe Weather Week. transmit a list message to all addressees to infonn them of the event and to re-validate phone numbers. GOALJ Maintain a program that identifies facilities for residents guests and household pets within the community. STRA TEGY 3.1 Continue to work with the Collier County Public Schools, American Red Cross, the Southwest Florida Regional Planning Council and animal interest groups to obtain suitable shelters for the resident population. Task 3.1,1 By June 1998, provide monies from the EMP A Base Grant for window protection at the new Gulf Coast High School in North Naples. Task 3.1.2 By March 1998, and Biennially thereafter, review and update the Pet Motel Directory, Task 3. 1.3 Exercise the animal shelter portion of the CEMP as part of the 1999 State wide Hurricane Exercise. Task 3.1.4 By July 1998, provide window protection for the cafeterias at Oak Ridge and Immokalee Middle Schools. GOAL4 Identity and commit resources to preserve the health and welfare of the County's Special Needs population during a disaster. ,STRA TEÇJY 4, I Detennine the need for additional special needs facilities within the community. Task 4, I, I By October 1998, submit a competitive grant for the repair and/or replacement of a generator switching mechanism for the Immokalee Health Clinic - a potentially valuable special needs facility, 8 16D4 16 D4 Task 4.1.2 By February 1998, if a competitive grant has been awarded in Task 4.1.1, obtain window protection for entrance doors at the Immokalee Health Clinic. STRATEGY 4.2 Identify sufficient sources of staffing for the special needs shelters. Task 4.2.1 By May 1998, continue to solicit the assistance of the nursing community to insure adequate staffing in the special needs shelters. Task 4.2.2 By May 1998, assess the feasibility of an additional special needs facility in the East Naples/Golden Gate areas. Task 4.2.3 By May 1998, and annually thereafter, coordinate with local kidney dialysis centers for shelter staffing and adequate water supplies for their clients. STRATEGY 4,3 Maintain a comprehensive file on special needs clients within the community. Task 4.3.1 By April 1998 and annually thereafter, obtain a temporary, part-time employee to assist senior secretary in special needs program management. Task 4.3,2 By March 1998, update, if necessary, the Special Needs Information Sheet and Registration Form. Task 4.3.3 By May 1998, and annually thereafter, maintain an outreach program through the media and home health agencies that publicizes the People with Special Needs (pSN) program. Task 4.3.4 By May 1998, review and update the Special Needs Plan as developed by the PSN task force. GOALS Maintain a Comprehensive Training and Education Program for the Community. STRATEGY 5.1 Encourage the participation in emergency management related courses at the federal, state and local levels for county and municipal personnel. Task 5.1.1 By July 1998, submit the FY 99 Emergency Management Institute Course Catalogue to all supporting public safety agencIes. 9 16 D4 Task 5.1.2 By January 1998, survey the needs of public safety agencies and request training locally to satisfy these needs. Task 5.1.3 Disseminate disaster related courses to all public safety agencies by blast fax upon receipt. STRA TEGY 5,2 Provide Community Emergency Response Team training to a broad spectrum of groups within the community. Task 5,2.1 By October 1997, provide Community Emergency Response Team (CERT) train-the-trainer course to a cadre of Public Safety professionals within the county and it's three municipalities. Task 5.2.2 By September 1998, develop and provide a minimum of 12 CERT courses to associations within Collier County. STRATEGY 5,3 Provide awareness training to senior appointed and elected officials within Collier County and its 3 municipalities. Task 5.3.1 By December 1997, schedule a Public Officials Conference and invite senior appointed and elected officials from Collier County, City of Naples, Everglades City and Marco Island. STRATEGY 5.4 Develop a Comprehensive Public Awareness Program. Task 5.4.1 By March 1998, update the Collier County All Hazards Handbook for printing. Task 5.4.2 By March 1998, coordinate with WZVN-TV, Collier County Public Schools and private schools for the preparation and distribution of the HurricanefTomado Coloring book for lit and 2nd grade students. Task 5.4.3 By May 1998, translate into Spanish and, if possible, Creole the following pamphlets and handbooks: "Hurricane Preparedness for Senior Citizens" "Stann Debris Cleanup" "Prepare to Survive, Caring for Your Animals in a Disaster" Task 5.4.4 By September 1998, present a minimum of80 disaster seminars to Collier County residents. 10 1604 STRATEGY 5.5 Continue to provide flood plain management support for Community Rating System projects. ,..-.""-...........---... GOAL 7 Task 5,5.1 By February 1998, review and update the F100d Warning Program and integrate it into the Comprehensive Emergency Management Plan. Task 5.5.2 By April 1998, attend the Digital Flood Insurance Rate Map course at the Emergency Management Institute and consider digitizing the County rate map. Task 5.53 By May 1998, provide a flood insurance display at a minimum of two branch libraries to publicize the National Flood Insurance Program. GOAL 6 Increase and validate county capabilities by testing and exercising. STRATEGY 6.1 Develop and participate in State and local exercises. Task 6.1.1 By September 1998, participate in all local or state mandated Ingestion Pathway exercises involving the Turkey Point Nuclear Power Plant. Task 6.1.2 By March 1998, review and update the "Agriculture and Nuclear Power" pamphlet. Task 6.1.3 By February 1998, begin planning meetings that would involve all 18 Emergency Support Functions for the State-wide hurricane exercise scenario. Task 6. t.4 By June 1998, participate in the State-wide hurricane exercise, Task 6.1.5 By May 1998, recruit, train and exercise "rumor control' personnel. Ensure that at least one Bi-lingual person (Spanish-English) is on each team. Enhance Collier County's ability to manage the Hazardous Material Response Program. Update vulnerability analyses for facilities registered with the State Department of Community Affairs and transfer data from Chemdata into the Cameo program. STRATEGY 7.1 11 --- -.--- 1604 Task 7.1.1 By October] 997 and biennially thereafter, notify all state registered facilities of our intent to peñorm a site visit. Task 7.1.2 By September ]998 and biennially thereafter, peñorm hazardous analyses visits to all facilities storing extremely hazardous substances; input data into the Cameo data base and transmit results to the State Emergency Response Commission. Task 7.1.3 By September] 998, attend all meetings of the District IX Local Emergency Planning Committee. Task 7.1.4 Participate in all training and exercises involving the Metro- Collier Hazmat team. GOAL8 Enhance the County's Public Information function. STRATEGY 8. ] Train addition'aJ PIOs. Task 8,1.1 By April 1998, solicit volunteers from county resources to attend the Basic Public Information Course that is held in conjunction with the Governor's Hurricane Conference. Task 8. 1.2 By August ] 998, submit names of personnel who attended the basic P.O. course for attendance at the advanced P.O. course at the Emergency Management Institute. Task 8.].3 By June 1998, update P.O. procedures and distribute them to local P.D.s. Task 8.1.4 By April ]998, review and update procedures for activating the Emergency Alerting System (EAS). ÇOAL9 Maintain Emergency Plans and Procedures to implement disaster response and recovery programs. STRATEGY 9...1 Update and submit required documents to the F10rida Division of Emergency Management (FDEM) that assess and organize work priorities. Task 9.1.1 By July 1998, and annually thereafter, review and update the self assessment and submit next fiscal year' s (or updated 5 year strategic plan) to the FDEM Area 6 coordinator for review and concurrence. 12 1604 Task 9.1.2 By June 1998, and biennially thereafter, submit the Collier County self assessment to the Florida Division of Emergency Management. Task 9.1.3 By May 1998, and annually thereafter, review and update the CEMP and related SOP's for consistency. STRATEGY 9.2 Include shortfalls for the FY 98 self assessment into the Strategic Plan. Task 9.2.1 By June 1998, list all shortfalls from self assessment and include in the next update of the 5 year Strategic Plan. GOAL 10 Maintain the capability of providing disaster preparedness support to the private sector. STRA TEGY ] O. ] Continue to assist the Chambers of CommercelEconomic Development Council in their disaster preparedness planning efforts for small businesses. Task 10.1.1 Attend monthly meetings of the Chamber of Commerce/ EDC Disaster Recovery Task Force coalition and complete tasks as assigned. Task 10.1.2 By May 1998, review and provide input to the "Surviving the Storm" handbook for small businesses. Task 10.].3 By June 1998, participate in the Chamber of Commerce/ EDC Disaster Preparedness Symposium for Small Businesses. STRATEGY 10,2 Provide quality disaster preparedness support to the health care industry. Task 10.2.1 Within 30 days of receipt, review and either approve or deny approval with guidance of all disaster plans submitted by nursing homes, assisted living facilities, day surgeries and hospitals within Collier County. Task 10.2.2 Assist ail home health agencies and hospice centers in the formulation of agency disaster plans that need state legislated criteria. (tentative) 13 , 16D4 GOAL II Reduce the county's disaster potential through mitigation activities. STRATEGY II. I Develop an analysis structure for evaluating pre-disaster mitigation options, Task 11.1.1 By May 1998, complete the Local Mitigation Strategy guidelines for Florida Cities and Counties. Task 11.1.2 By May 1998, develop a mechanism to track monies spent by the State and County agencies for mitigation projects in Collier County. STRATEGY 11.2 Finalize and submit Post-Disaster Recovery Ordinance for adoption, Task 11,2,1 By January 1998, submit Post-Disaster Recovery Ordinance to the Board of County Commissioners for adoption. STRA TEGY J J.3 Develop plans with the private sector to reduce additional post-disaster damages by providing temporary repairs to repairable facilities. Task 11.3.1 By October J 997, develop a Memorandum of Under- standing between Collier County and SMART, Inc. that outlines roles and responsibilities of each party. Task 11.3,2 By October 1997 and quarterly thereafter, contact SMART, Inc. to obtain names of Contractors that are licensed to provide temporary repairs. STRATEGY 11.4 By November 1999, develop a Comprehensive Flood Plain Management Plan for Collier County. Task 11.4.1 By August J 998, identity the nature and extent of the County's flooding problems. Task 11.4.2 By January 1998, inventory the flood hazard area, including building data, development trends and constraints, critical facilities and natural area identification. Task 11.4.3 By March J 999, review alternate activities to consider in flood plain management Task I J ,4.4 By April 1999, coordinate plan development with other appropriate agencies. 14 · ' 1604 Task 11.4.5 Develop draft action plan by September 1999, Task 11.4,6 Obtain public input on draft plan and revise plan for adoption by November 1999, STRATEGY lid Implement the following management/regulation activities under the National Flood Insurance Program's Community Rating System: · Open Space Regulations · Law Density Zoning · Stream Dumping Regulations · Protection of Critical Facilities · Foundation Protection · Enclosure limit regulations in Velocity Zone · for flood depths greater than 8 feet. · Freeboard for new residential construction in · 500 year Flood Plain. Task 11.5.1 By September 1999, examine the feasibility of implementing protection of critical facilities and foundation protection regulations. Task 11.5.2 By January 2000, examine feasibility of implementing enclosure limit regulations in Velocity Zone and freeboard requirements for residential buildings in the 500 year flood plain. Task 11.5.3 If determined feasible, complete the following steps for activities listed in tasks 11.5.] and] 1.5.2 by June 2000. ]5 16E 2 FIRST AMENDMENT TO 1997 AGREEMENT BETWEEN COLLIER COUNTY AND NORTH NAPLES LITILE LEAGUE, INC. REGARDING FIVE EVENT WEEKEND THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this dlca..A...#l./ day of ~, 1997, by and between North Naples Little League, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECIT ALS WHEREAS, the COUNTY and the North Naples Little League, Inc. entered into a 1997 Tourism Agreement <Íated August 5, 1997 (the "Agreement") in the amount of$12,000.00; and WHEREAS, the North Naples Little League, Inc. has requested that certain line item changes be made in the budget; and WHEREAS, the requested line item changes are within the original total budget; and WHEREAS, the COUNTY agrees to the requested changes. WITNESSETH: NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MlITUALLY AGREED AS FOLLOWS: 1. Exhibit "A" to the Agreement shall be deleted in its entirety and replaced with the Exhibit "A" attached to this Agreement. 2. Except as set forth herein, all of the tenns and provisions of the Accommodations Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, heretmdcr set their hands and seals on the date and year first above written. .. , , .~:, ,." ""~':l 6:~TËD':¥Jt;~¿:~~J"7 DWIGHT E.B:RÒèK, Clerk , ::f>-:~ <·\~t ,;. A1~.~~~~ -r~Œ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~, . HANCOCK, Chainnan I ~'~"..).. ../ .- , ·r·" ';, p,'. '",..', ~ .!(o1J,,~:-.!>." ;:'.!.: ~ "'~~'''~_''',~.'" .4' ~\~:t:> -- 'i V~-'''I.t>'''f'!, '_-'~ !//·'7",;,ò"\\';.1-:;-!. j~~~~t:';!;.' ~ ~<" .-<. , .~ ;:1 ~\\~~ " r:.-~5/')~,:·\: ;.¿ ",~.'!.:1.;. ·"·.I.\lj.-; :." -;1' :e ''1\, ¡ I;;. ·~\-':''':~.k 1'~~~1~';'~ :1tt <~l~\' Ii, ~.tZ'"-;~.~ : ~-:;11~¡· .);...I'~~.' ....j.. ~.. ~~~'~:~i ~~ ;;~fj;-;t~~ f~(-~/:,(~~ <,\t~'Y 7 vtf~",....,L.~~ :-1 ¡:.>¡:,,\ I' ~, ~¡!:'\". ~~ J;., .:. \t-~:.; f:~J J,""h. ¡ I ~.(Z. i,' I .~" . ,':.I '......,.. ':/¡0~:{ ;'1. ;;t,~} /J.>~~'-!-) ¡PÞ.b· ~~~;). " il:~~~ ".1- ,';.>'\" ~~.. .z'Ò; 'f:tfir!<t·~;:. '&'.::;~~ ,';.-~:: . '.'œ~ 1 t",.· .~ ;":~ :".'. ~;',(._·i:..·1 }...~:¡,-';,.I è!p';~)~\ ~"':~-r~. "f ~ :S~~: t;$·i ~; ~fI\\j .¡\î ': ,¡;ë· ". ~:;l , '~;;u; \.~~~~ ;JX2¿ ~.~\~. ;~>,~!: ;.t~¥.\ ~,~~: l2~r tt)f' ~~~ :Jj~~ ~t;{ t\.;-~·,~<· ~:-'"~F i¡,~U: ~,;;;:~; (:: /J'~\ \t{?' ..'\ ~,- .;: \"\~~, p./ -j I 01.) 11 , , -",;.-' ':r .... ~ . .j' -~' -t ;..\ (Y " ," ':,.,.'~',~! " . .',. ..'1, t;" ~. . ',"",,-,. .,-' , " .~ '. " . r ' .f./'::",', í',' ",,1 ...·1:)._ .. ' :' ~ \ ,,: ' , f " ./ >. , ,- i " .... WITNESSES: ~ (1) ßtUò/l & ~ A. (/¡A/C.t=AI) Print ypc:d Name c ~£I/(~¡ Approved as to [ann and legal sufficiency fLdl j A{/l~----=-@ Heidi F. Ashton Assistant County Attorney f::/cw/l997 TDC Agreements/I" Amend to N. Naples Little Leap , GRANTEE North Naples Little League. Inc. By:Þ~r t:-It P. (),J""Ç,eJ Printcdfl'ypcd Name , Ij I (' f p, eS I d (' ,-') r (corporate seal) 2 " 16£ 2 ~ · , 16£ 2 EXHIBIT "A" NORTH NAPLES LIITLE LEAGUE BUDGET Staff Event Weekend $6t 700.00 Band 1.275.00 Licensing Fee 1.000.00 Police 465.00 Staff Meals 495.00 Field Usage 285.00 Cone Rentals 300.00 Transportation 750.00 Postage 125.00 Printing 160.00 Insurance 445.00 TOTAL $12.000.00 3 16£ 3 SECOND AMENDMENT TO TOURISM GRANT PROGRAM ACTIVITIES WHICH PROMOTE TOURISM AGREEMENT THIS AGREEMENT is made and entcred into thi~ay of ~ 1997, by and between The Marco Island Y.M.C.A., Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida. hereinafter referred to as "COUNTY." RECITALS WHEREAS, the COUNTY and the Marco Island Y.M.C.A., Inc. entered into an agreement called the Tourist Grant Program Activities Which Promote Tourism Agreement dated February 11, 1997 (the "Agreement"); and WHEREAS, the COUNTY and the Marco Island Y.M.C.A., Inc. entered into a First Amendment to Tourism Grant Program Activities which Promote Tourism Agreement dated May 20, 1997 (the "First Amendment"); and WHEREAS, the Marco Y.M.C.A. has requested that certain line item changes be made in the budget; and WHEREAS, the requested line item changes are within the original total budget; and WHEREAS, the COUNTY agrees to the requested changes. WITNESSETH: NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION THE P ARTlES AGREE AS FOLLOWS: 1. Exhibit "B" to the Agreement shall be deleted in its entirety and replaced with the Exhibit "B" attached to this Agreement. 2. Except as provided herein, all other tenns of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively. by an - 1 - 16E 3 authorized person or agent, hereunder set their hands and seals on the date and year first above written. - . . ,]~.l~.:i~.~. Clcr~ I f?? ~g~~~~~~g=SIONERS ': {¥t·,·.~".~.:c-~~r~~' ~~ ~~ .. O!..~;!{tl..'t' ..:,.,:;. ~:~~I~::~ ':::;; 1:;;. . '.,"" ~~:.'1' " II B . ~ . _ . f~,. . ~ y. :r~-9 _ /' . ,', "" '..¡~.., TIMOTHY L COCK, Chai . ", \:~I,,~.;.r '\. ".<-', . nnan I ~ ..I/j .' '.-., \+ \~... In~"'·1 -'t'f .. '.. "!~, H" \"¡...- WITNESSES:' GRANTEE . (l)~~' signature The Marco Island Y.M.C.A., Inc. (2~ .J:..-..~.Æ- aturc ~~ A ~1'I;rL.t4 Jf, ~¡(.¡( PrinœdlTypcd Name ~v1f ;¿;1tœt:T¿,(,!uD Printed/Typcd Titlc J By: Jéa Y1 Go.Þ1$ ej Printe<Vfypcd N amc: (corporate seal) Approved as to fonn J.1~~uje.r ~ f ~\g; eidi F. Ashton Assistant COUI1ty Attorney f:~w\1997 TDC Agrecmenl'\ 2nd Amend. Marco Island YMCA 2/1 ]/1997 ,;/ - 2 - '"" .... ',-~~.. EXHIBIT "B" 16E 3 MARCO ISLAND SPORTS FESTIVAL - 1997 25-0ct-96 CONSOLIDATED OPERATING FORECAST PROJECTED EVENTS MAJOR DONATIONS OTHER TOTAL REVENUE SPONSORS REVENUES FUNDRAIS1NG $0 $0 $2.500 SO $2,500 MAJOR SPONSORS $0 $10,000 $0 SO $10,000 EVENT SPONSORS $15,000 $0 $0 $0 $15,000 GOVT REVENUE $0 $0 $0 $120,000 $120,000 IN-KIND SERVICES $5,000 $10,000 $0 SO $15,000 IN-KIND GOODS S5,000 $0 $0 SO $5,000 PART1CIPANTS $40,000 $0 $0 $0 $40,000 CONCESSIONS $0 $0 S2,500 SO $2,500 OTHER INCOME $0 $0 SO SO $0 TOTAL REVENUE $65,000 $20,000 $5,000 $120,000 $210,000 EXPENSE SALARIES $10,000 $5,000 $0 $10,000 , $25,000 BENEFITS $1,400 $700 $0 SO $2,100 PAYROLL TAXES $1,100 $500 $0 452 $2,700 PURCH SERVICE $8,000 $1,000 $0 $6 ;-SOU $15,500 SUPPLIES $6,000 $500 $0 $0 $6,500 TELEPHONE $0 $0 $0 1,261 $2,500 POSTAGE/SHIPPING $500 $0 $0 $2';400 $2,900 OCCUPANCY/PERMITS $300 $0 $0 $0 $300 EQUIPMENT/SUPPLIES $1,000 $0 $0 $1,000 $2,000 PRINT/ PROMOfAOVT. $4,000 $10,000 $0 90,887 $103,000 STAFFNOLUNTEER EXP. $1,500 $1,500 SO $1,000 $4,000 MEETING FOOD COST $8,000 $0 $0 $1,500 $9,500 CELEBRITY' FEES $3,000 $0 $0 $5,000 $8,000 EQUIPMENT RENTALS $6,000 $0 $0 $0 $6,000 OTrlER EXPENSE $2,500 $2,500 S5,000 SO $10,000 AWARDS $7,500 $2,500 $0 $0 $10,000 TOTAL EXPENSES $60,800 $24,200 55,000 $210,000 ==================================================================: FESTIVAL NET ==================================================================: $4,200 ($4,200) $0 $0 $0 J. K. L. M. N. O. P. Q. R. S. T. 4. Other A. 1 Historical/Archaeological Preservation Board - Agenda of September 12. 1997. Referred to BCC. Lake Trafford Restoration Task Force - Minutes of July 11. 1997 and agenda of August 15, 1997. Referred to BCe. Lely Golf Estates Beautification Advisory Committee - Minutes of August 8. 1997 and agenda for October 10. 1997. Referred to BCC. Marco Island Beach Renourishment Advisory Committee - Minutes of August 6, 1997 and agendas of August 6 & September 10, 1997. Referred to BCC. Parks & Recreation Advisory Board - Minutes of July 30, 1997 and agenda of August 27. 1997. Referred to BCC. Pathway Advisory Committee - Minutes of July 18, 1997 and agenda of August 29, 1997. Referred to BCC. Pelican Bay MSTBU Advisory Committee - Minutes of July 2, July 16. August 6, 1997 and agendas of August 6 & September 3, ) 997. Referred to BCC. Planning Commission - Minutes of July 3, 17, & August 7, 1997 and agendas of August 7, 21 and September 4, 1997. Referred to BCC. Public Health Advisory Board - Meeting notice of October 13, ) 997. Public Vehicle Advisory Committee - Minutes & agendas of July 2, June 4, May 7, April 2 & March 5, ) 997. Referred to BCe. Water and Wastewater Authority - Minutes of June 30 & July 28, 1997. Referred to BCe. Amended Certificate of the Collier County Canvassing Board for the Marco Island Incorporation Mail Ballot Election. AGENDA ITEM No. /G.~ SEP 2 3 1997 Pg. c:< 16G 1 M~DUM MIac. Correspondence Agenda Oat, Agenda Item # TO: Sue Rison, Administrative Aaa1stant Board of County CommIssJonera TImothy J. Gillett, Acc::ou1tant Clerk of the Circuit Court/Finance Oepartment September 9, 1997 FROM: DATE: RE: Miscellaneous Correspondence. BCC Agenda Please place the following itema on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda Item number. CoiIicr Sol and W-- Conøorvaønn DIIdr1m 1. Pursuant to Florida Statutes Chapters 189 and 190, the Collier SolI and Water Conservation Oi¡trict na IUbrnIttÐd the following: (a) Proposed budget for ftacaI year ended Septamber 00, 1998. Thank You. :\1pecbI\1pOtCIIi Misc. Corres: Date: -.9ll?;/q 1 Item# I (P .q Copies To: 11- ;:~;}!¡iX : " T'!l'" _X~.>·7·' f~~"'~'~""."-;' > ,~''Ç. '.;.. '~~t,: ,'" .'(~~ ", ,v. .:' ,.' ,Þ'.i; .>~J'.'~!~ '. ~~:,."~,,,~ ,~It!it ,~-ø:~' ~~ ~;;! :;~_, tV. ..,.; <.\' , .;. Â¡-r:f·,' };f' '~)~~'.i';·':). ':...,,-Y:t ,:}~j:l ~~~fù }~~:(~~ ~~;~~ ~ ~.~~i r'{~\.\ ··,..~ft, ~~-:L ~;~~~~ "......1:.". :.~;:i/~it:a ,1·T':~0.·, ..'\'- ~ ~~t¿~~, ,>:~~'r'\ /jj!!- ~~!, ~.<'; \~':!::'J: ,...,,,~,¡Y...: .;.t~~it f ~T:\.."i .i.t! ;:;,'t ,:~~~f :-.' '. ~!1&.I' f "~'.J ~~< .1};i(/)·~ "f~~i '\,.."""....-' .1-:......')0,.. r-"{~~1i;', ~~>""'t: ~:;;:J:\~ I {~.r ri',;. "c-<>'Y't> , :~.,,>;::f7:j ¡~J:1' ';,';~~ n~J.:: ';}~.~ ",..~~.i :;:¡¡).fy\~ ~~ i;-:fì;Þ) ,;~;!J; ~f1i ~..;~I"-i .;~~U . ~:-:f;~"" ~.,~,,~ ø !'\'~ ~'1~: ~ ?((;~~ t::§1 ;:,~J{ , 'i-'I:.~· ~f,~~;,j: J.i:.'!rY~\ ('~:.,~ ,';;" '?ri,-" -~'\\~¡~\ '~<9f AY~ tl:~ :w" .b "'.' :~~ji¡,v~·r¡ ".,;..:.,.. " ~~\ .... ~~~,~t~ /1'-"'" . Íf .'"/:'·c ~ r..k:;;:; ;;; ¿::\l~ '" '.V£i"·' ',1<':';>;'- q - (\;,~,::\' .::*fic'; r . ",-<".:;-' \ . :,>' .~...: .~. ~ ,~ ~¡~ >~ .-,",J .' ,........ ' ',.. -. :. ~ ,.\ .' , .,.",1 , , .... ..\.,\. J, >' \ " \ ; '.J'. , " ~ :: ~"ì;,,/ " . ,... ,\', I ',I"'. " , I " ~ ., ,. ,~¡ ~ ,I' ê Collier SoU and Water Conservation DIatrIct Agriculture Center, 14700 Immokalee Road· NapIø, FL 33Q64.1468 Phone (941) 455--4100· FAX (941) 455-2693 August 26, 1997 Clerk of the Circuit Court Finance Department c/o Dwight E. Brock P. O. Box 413016 Naples, Florida 34112-3016 Dear Sir or Madam: Enclosed is the proposed budget for Fiscal Year 1998 as required to be filed by September 1. This proposed budget will be approved or amended at the September meeting of the Board of Supervisors. If any changes are made, I will forward the amended budget in September. Sincerely, ,=kClA-M". .)~,,~ Karen Toner Administrative Assistant r-" I I L_--', ..' . " 16G 1. \ Þæ 2. . 001 I :;-.-J ! , ',_ I 'r~. -='_....._--.J CONSERVAT1OH· DE\IÐ.CPMEHT.~ .- --,- -.-- -~ II i,.1 'II , . I .' ,.j I I ,I II all1' '"lill "!1'" "I'''' ."\at'l"""'~~"'" ",," Pudg~t VY 19DA (projaatad) Florida Assn. of Conservation Districts 1997 Collier Plat Directory sales Interim Soil Survey sales Total $35,500.00 1,200.00 1.000.00 $37,700.00 Revenues , I EXDenditures Personnel-Office & Mobile Irrigation Lab Insurance Mobile Irrigation Lab supplies Office supplies, equipment service Florida Plats Dues Travel & Meetings Total $40,000.00 2,500.00 5,000.00 3,000.00 720.00 1,200.00 1.000.00 $53,420.00 Deficit of approximately $16,000 will be covered by surplus balance from Fiscal Year 1997. OONSERVATIOH . CEVE1...OPIIIEH .IE1.F.oavEfNIIENT ¿" ".. ._, I 6 G 1 . 1 ' , , MEMOAANouu ¡, Mise. Corr8lpOndence Agenda Date Agenda Item # TO: Sue Alson, Admlnlatratlve AaaIatant Board of County Cornmiaabwa Timothy J. Gillett, Aooow1t.W1t Clerk of the Circuit Court/FInance 0epar1mem FROM: DATE: September 9, 1997 Miscellaneous Correspondence. see Agenda RE: Pfease place the following ttama on the next available ace agenda 8nd caI me at extension 8350 with the date and MIsceJlaneoua Correapondenœ agenda Item runber. South F10rida Water M~ ~ 1. Pursuant to Florida Statutes Chapters 189 and 190, the South Florida Water Managemem Dist:ict has submitted the foIowing: (a) Schedule of meeting (9/10/97) for ftacaI year endod September æ, 1996. Thank You. :\1IfI-~1IpeàII :~:: coqe(a_? b Itemll \ ~.bt . Copies To: 16G 1 ~~ ~\ (I~~\t' .~ South Florida Water Management District " -.r- -~ GOVERNING BOARD MEETING Open to the Public AGENDA - ---.. , ì,::', . ¡-;.:¡gn J I ~'ÑÀr\Jê't \ GOVERNING BOARD MEETING Wednesday, September 10,1997 9:00 A.M. .. B-1 Auditorium 3301 Gun Club Road West Palm Beach, Florida CALL TO ORDER Note: Any item which appears on the Regular Meeting Agenda o( Thursday, September 11, 1997 may be an item for discussion on this meeting agenda. In the event of emergency conditions due to an imminent Tropical Storm or Hurricane, this meeting may be conducted by teleconference in order to take action on items listed on the Thursday, September 11"'. meeting agenda, including Regulatory items. 1. Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. 2. Water Management Institute Introduction and Overview (10 min.) Robert W Higgins, President, Water Management Institute Mike Vanatta, Executive Director, Water Management Institute 3. Overview of the District Total Achievement Program (TAP)/Shingle Creek Presentation (30 min.) Beth Kacvinsky, Staff Environmental Scientist, Land Management Emilio Vazquez, Senior Media Specialist, Visual Communications. Sandy Jurban, Public Communications Specialis~ Government & Public Affairs Rob Sosnowski, Hydrogeologist, Planning Department Armando Ramirez, Senior SurveylMapping Associate, Land Management Jane Bucca, Senior Economist, Planning Department Marcelline (Marcy) Daniel, Staff Accountant, Finance & Accounting 4. Update on FY98 Budget Development and review of Tentative FY98 Millage Rates (30 min.) Joseph Moore, Director, Office of Budget & Procurement ...... .......____,,~<o_~~',.,"_.....,~~._..'_~"_"_'__,__ - - .- ¡;- -,,-- Goveming Board Meeting September 10, 1997 Page 2 16G-l~ 5, Review of the Preservation 2000 Needs & Priority Study (3D min.) William F. Malone, Director, Construction & Land Management Department 6. Overview of proposed Emergency Operations Center (EOC) addition to the B-1 Building (30 min,) Vince Loehrfein, Lead Engineer, Engineering & Project Management, Construction & Land Management Department 7. Discussion of statutory authorization for District rules. Barbara Markham, General Counsel (30 min.) 8. Ecological and Hydrological Success Criteria for the South Florida Ecosystem Restoration Programs ï~ Steve Davis, Lead Environmental Scientist, Executive Office . . John Ogden, Lead Environmental Scientist, Executive Office 9, Update on Miccosukee Tribe's Proposed Water Quality Standards (30 min.) TBD - Miccosukee Tribe Representative TBD - South Florida Water Management District Representative PUBLIC COMMENT ADJOURNMENT 16G 1 . --==-~ , ~ .~~~... .~outh_ Florida. Water Manag~~ent District . ',~ GOVERNING BOARD A1\r\EETING Open to the Public AGf:NDA GOVERNING BOARD BUDGET PUBLIC HEARING Wednesday, September 10, 1997 5:15 P.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, Florida CALL TO ORDER: 1. Presentation of Proposed FY98 Budget. 2. Adopt Tentative Millage Rates for FY98 and the Tentative Budget for FY98. 3, Adopt a Resolution relating to the Everglades Agricultural Privilege Tax; determine the amount and application of the EM-wide incentive credit; providing the disposition of applications for individual farm credits; providing the disposition of applications for classification as vegetable acreage; approving the agricultural privilege tax deferral for 1996 classified vegetable acreage; approving and certifying the Everglades Agricultural privilege Tax Roll; and providing an effective date. 4. Adopt a Resolution relating to the C-139 Agricultural Privilege Tax; providing the disposition of applications for classification as vegetable acreage; approving and certifying the C-139 Agricultural Privilege Tax Roll; and providing an effective date. ADJOURNMENT -- -- ---.-^- 16G 1 GOVERNING BOARD MEETING Thursday, September 11,1997 8:30 A.M. B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL Note: Any item, which appears on the Meeting Agenda of Wednesday, September 10, 1997, may be an item for dÍ$Cussion or action on this MeetÍng Agenda. Allor part of this meeting may be conducted as a teleconference in order to permit maximum participation of Governing Board Members. CALL TO ORDER A. Inspiration: Darrell Sandefur B. Pledge of Allegiance to the Flag of the United States of America C. 25 Years Service Awards: e George Home, S-5A Pump Station, Operations & Maintenance Department . Terry Hooks, S-5A Pump Station, Operations & Maintenance Department It Tom Raishe, Water Resource Evaluation Department D. Ms. Miriam Singer, Chaicwoman of the Human Resources Committee will recognize August's Employee of the Month - Jeff Gronborg, Staff Engineer, Field Engineering Division E. Approval of the Minutes of the Governing Board Meeting of August 13, 1997, and the Governing Board Regular Meeting of August 14,1997. MORNING AGENDA APPROVAL A. Additions, Deletions, Substitutions B. Abstentions GOVERNING BOARD MEETING SCHEDULE 1. Consider Schedule for Upcoming Meetings. 2. Consider Tentative Agenda for October Workshop. 3. Accept the Audit Committee report, including recommended actions. Governing Board Meeting September 11, 1997 Page 2 1 bG 1 I MOR~ING CONseNT AGENDA Nole: The Board may not wish to discuss these items indMdual1y and may approve them as a group. Anyone wishing to speak on one 0( these /$sues should complete a pink speaker card and submit it to the District Representative in the lobby prior to consideration of the Consent Agenda, This will permit the Chairman to pull such items for individual discussion later on the agenda. A Pull Item. for dlscu..lon, B, Motion to approve the Con.ent Agenda except for Items pulled for dl.cusslon, (Items pulled will be considered by the Board under the Discussion Agenda,) BUDGET OFFICE 4. Approval of Budget Transfers OFFICE OF COUNSEL 5. Approve transmittal to the Joint Administrative Procedures Committee of staff recommendation on identification of any District rules lacking specific statl,.¡10ry authorization after 1996 legislative changes to the Administrative Procedures Act. 6. Authorize the filing of an appropriate complaint or counterclaim against the Estate of George Turke, Jr. and Helen P. Turke, his wife, relating to the breach of an agreement for sale and purchase and a third party complaint filed by the Turkes. 7. Authorize amending a contract with the law firm of Cunningham & Self, P.A. for continuing legal services and representation in support of construction related issues and matters in the amount of $13,000, for which funds are budgeted. (Contract Number C- 6223-A4 ) MIAMI-DADE REGIONAL SERVICE CENTER 8. Authorize entering into an amendment to a cooperative agreement with the City of Hialeah for the development of a watershed basin plan to extend the term of the contract twelve months, to February 1, 1998, at no cost to the District. (Contract Number 7807- A1) 9. Authorize retroactively amending a contract with the city of Hialeah to provide financial assistance to develop a city-wide Stormwater Master Plan and retrofit the existing stormwater outfall system to extend the term of the contract by 12 months to March 16, 1998, at no cost to the District. (Contract Number C-5164-A 1) OKEECHOBEE SERVICE CENTER 10. Authorize entering into a contract with Ralph Bond and Robby Wilson' for cattle grazing on the Isabelle Collier Read parcel, for a period of five years from the execution of this contract. in the amount of $25,950 as revenue to the District. The sum of $5,190 is budgeted for receipt in FY 1998 with the remainder budgeted for receipt in annual installments of $5,190 for FY 1999, FY 2000, FY 2001, and FY 2002. (Contract Number C-8829) ~v 16G 1 Governing Board Meeting September 11, 1997 Page 3 MANAGEMENT SERVICES DEPARTMENT/ADMINISTRATION 11. Authorize the sale of surplus equipment to the highest bidder, through public auction, and subsequent removal form the fixed asset records. 12, Authorize the sale through sealed bid or demolition of surplus property acquired in connection with the Kissimmee River Restoration project of the Deadwyler Four EEEE Fish Camp, and subsequent removal from the property records. 13. Authorize entering into a contract with Flagler Building Joint Venture for the leasè of office space for the Miami Service Center for the period October 1, 1997 to September 30, 2002 in an amount not to exceed $277,217, of which $50,166 is budgeted for FY98 with the remainder ($227,051) subject to Governing Board approval of the 1999 through 2002 budgets. (Contract Number C-9359) 14. Authorize amending a contract with Estee Investments, Inc. to add an additional 1,600 sq, ft. of office space for the period October 1,1997 through September 30,2001, in an amount not to exceed $95,856, subject to Governing Board approval of the FYs 1998 through 2001 budgets. (Contract Number C-7427-A2) 15. Authorize amending a contract with Hague, Inc. for 2,488 additional sq. ft. of office space for the Ft. Myers Service Center and extend the lease term through February 28, 2002 in an additional amount not to exceed $618,937, subject to Governing Board approval of the FYs 1998 through 2002 budgets. (Contract Number C-7413-A1) 16. Authorize entering into a contract with Superior Service Maintenance, Inc. for janitorial services for headquarters buildings for the period October 1, 1997 through September 30, 2000, in an amount not to exceed $212,438, subject to Governing Board approval of the FY 1998 b~dget, and amounts not to exceed funds approved by the Governing Board for FY 1999 and 2000. (Contract Number C-9351) 17. Authorize entering into a contract with Ultimate Cleaning Services, Inc. for janitorial services for the Chemistry Lab and Data Management for the period October 1, 1997 to September 30, 2ú00, in an amount not to exceed $55,701, subject to Governing Board approval of the FYs 1998 through 2000 budgets. (Contract Number C-9362) 18. Authorize entering into a contract with Alanis, Inc. for security guard services at District headquarters for the period October 1, 1997 through September 30, 1998 in an amount not to exceed $204,716 subject to Governing Board approval of the FY98 budget. (Contract Number C-9357) 19. Authorize removal of the position of Director, Government and Public Affairs, from the Florida Retirement System Senior Management Service Class, effective October 1, 1997, as provided by Florida Statute 121. Governing Board Meeting September 11, 1997 Page 4 16 G 1 CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 20. Adoption of the Preservation P-2000 Priority & Needs. 21. Authorize entering into a renewal of a contract with Attomey's Title Insurance Fund, Inc., the sole source, for an additional three (3) year period in the amount of $47,000 of which $15,500 is subject to Goveming Board approval of the FY98 budget and the remaining $31,500 is subject to Goveming Board approval of the FY99 and 2000 budgets (Contract No. C91-2506-A2 22. Authorize entering into a contract with Omega Contracting, Inc., the lowest responsive and responsible bidder, for construction of Culvert PC06, L-62 Replacement in the amount of $210,563 for which funds are budgeted. (Contract Number C-8022) 23. Authorize entering into a contract with MGI - Morgan General Mechanical Group, Inc., the lowest responsible and responsive bidder, for the Pump Station Load Center and Generator Replacement S-5A, S-9 (of generators and switchgears) in the amount of $133,410, for which funds are budgeted. (Contract Number C-8017) 24, Authorize entering into a contract with AKA Services, Inc., the lowest responsive and responsible bidder, for construction of culvert PC41-C24, in the amount of $186,000. for which funds are budgeted. (Contract Number C-8006) 25. Approve annexation of a portion of Canal 18 (C-18) right of way into the municipal boundaries of the Town of Jupiter. 26. Approve staff recommendations for releases of District canal, mineral and road reservations, releases of T.I.I.T.F. canal reservations, and issuances of non-use commitments, 27. Approve the acceptance of land interests consisting of Temporary Construction Easements on 1.86 acres, more or less, Sections 21 and 22, Township 48 South, Range 26 East, Collier County, Cocohatchee Canal- Phase 3 Improvements Project. 28. Approve declaring surplus land interests containing 82.0 acres, more or less, in the Lake Worth Drainage District E-1W North and South Canals, in Palm Beach County; and authorize the exchange of surplus land interests with the Lake Worth Drainage District for the District's acquisition of land interests containing 10.61 acres, more or less, in Palm Beach County, Loxahatchee Mitigation Bank. 29. Approve acceptance of a donation of land interests consisting of Temporary Construction Easements on 20.16 acres, more or less, in Sections 8, 17 and 20, Township 35 South. Range 38 East, St. Lucie County, within Canal C-24 in conjunction with the Culvert 41 Replacement Project. -..-..----,.- 1 bG 1 Governing Board Meeting September 11, 1997 Page 5 30, Approve acceptance of responsibilities for maintenance of the Florida Mitigation Bank lands, with a management endowment, when the property is deeded to the District, associated with the grant of a Conservation Easement Deed over a 1,582 acre tract in Osceola County, within and adjacent to Reedy Creek Swamp, Upper lakes Basin Watershed, Florida Project. 31. Authorize entering into a contract with Arrow Communications, Inc., the lowest responsible and responsive bidder, to provide a T-1 communications link from the B-1 Headquarters site to the DuPuis Reserve office for a three-year period for a total amount of $102,960, payable in monthly installments of $2,860 of which $2860 is budgeted and the remainder subject to Governing Board approval of the FY1998 FY2000 budget. (Contract Number C-8331), 32. Approve entering into a Cooperative Agreement with the Conservation Fund, Not-far-Profit Organization, to assist in the acquisition of land interests within the East Coast Buffer Project (Palm Beach County, Florida). (Contract Number C-8329) ECOSYSTEM RESTORATION DEPARTMENT 33. Authorize amending a contract with Barnes, Ferland and Associates, Inc., to extend the contract termination date from October 31,1997, to 30 weeks from the original contract execution date at no additional contract amount. (Contract Number C-8603-A 1) 34. Authorize amending a contract with PEER Consultants P.C.lBrown & Caldwell, a joint venture, for professional services to develop a standard of comparison for supplemental technology demonstration projects in a not-to-exceed amount of $47,276, which is unbudgeted: and authorize a budget transfer in the same amount from the Kissimmee River Restoration Division, Professional Fees (CCNA), to the Ecologically Engineered Systems Research Division, Professional Fees (CCNA) (Contract Number C-E008-A9). OFFICE OF ENTERPRISE ENGINEERING 35. Authori.:z:e issuing a purchase order for the renewal of a contract, C90-1188, with Sun Microsystems for software support for the time period 10/1/1997 through 9/30/1998 in an amount of $283,085. subject to Governing Board approval of the FY 98 budget. (Requisition Number RX X800001) OPERATIONS AND MAINTENANCE DEPARTMENT 36, Authorize entering into a contract with Groundtek of Central Florida, Inc., for right-of-way mowing services in the Kissimmee service area for a three-year period, in an amount not to exceed $156,760, of which $52,260 is subject to the Governing Board approval of the FY98 budget and the remaining funds are subject to the Goveming Board approval of the FY99 and FYOO budgets ($104,500). (Contract Number C-9550) Governing Board Meeting September 11. 1997 Page 6 16G 1 . PLANNING DEPARTMENT 37. Authorize entering into a contract with West Consultants, Inc. for GMS Modflow Development for Water Preserve Areas in the amount of $53,205, for which $50,000 is budgeted, and authorize a budget substitution of $3,205 from Flooding Impacts Due to Sea Level Rise. (Contract Number C-8754) REGULA TION DEPARTMENT 38. Concur with staff finding based on review of the Draft Environmental Assessment that the proposed improvements to the St. Lucie County Intemational Airport are inconsistent with the Florida Coastal Zone Management Program. 39. Approve a six month extension for Jack M. Berry, Inc. to file an application for a Comprehensive Operating Permit pursuant to the "Final Project Agreement between "lack M. Berry, Jne, and the Florida Department of Environmental Protection, South Florida Water Management District and U.S. Environmental Protection" concerning the Berry XL Project. WATER RESOURCES EVALUATION DEPARTMENT 40. Authorize entering into an amendment of a cooperative agreement with the United States Geological Survey (USGS) for the measurement rf groundwater/surface water interactions in the ENR Project and Water Conservation Area-2A in the amount of $122,500 for one year, contingent upon Governing Board approval of the FY '98 budget. (Contract Number C-6661-A3) 41. Authorize entering into an amendment to a contract with the Academy of Natural Sciences, Estuarine Research Center, St. Leonard, Maryfand, for continuing mercury methylation studies in the ENR Project and the Water Conservation Areas in the amount of $150,000, of which $75,000 is budgeted for FY '98, and subject to Governing Board approval of the FY '98 budget and the remaining $75,000 subject to approval of the FY '99 budget. (Contract Number C-7690-A1) 42, Authorize entering into a contract with FTN Associates for the writing of the Everglades Mercury Baseline Report in an amount not to exceed $48,878.55, and authorize a budget substitution in the same amount from atmospheric deposition to mercury baseline report. (Contract Number C-9697) 43, Authorize entering into a cooperative agreement with the U.S. Geological Survey (USGS) for surface-water and ground-water monitoring and water resources investigations in the amount of $1,442.647 subject to approval of the FY98 budget. (Contract Number C-9698) .......__....w._o Governing Board Meeting September 110 1997 Page 7 16G 1 44, Authorize entering into a reimbursement contract with the Florida Department of Environmental Protection (FDEP) in the amount of $121,000, fN groundwater sampling, monitoring, and reporting activities, contingent upon Governing Board approval of the 1997/98 budget. (Contract Number C-9699) End of Morning Consent Agend'l PUBLIC COMMENT (May be moved to follow Public Hearing) Opportunity for members of the public 10 discuss matters of interest which are not on the agenda. PUB~ARING ~t 9:30 A.M. Note: The Board will discuss Ihese items individually in the order lisled. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 45. 1998 Save our Rivers Five Year Plan. Fred Davis, Land Stewardship Division 46. Approve the Adoption of Amendments to Chapter 40E-7, F.A.C. and the District's "Public Use Gr !ide for Designated Land Management Areas." Incorporated by Reference into Part V, Chapter 40E-7. F.A.C. (Docket No. 97-5). Fred Davis, Land Stewardship Division 47. Approve ,the purchase of land interests, including Structures and improvements, containing 66.77 acres, more or less, in Dade County, 8.5 Square Mile Project, approve declaring surplus, disposal of, and removal from the asset records., any such structures and improvements deemed unnecessary for the stated purpose of the original land acquisition, and authonzo a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. William F. Malone, Director, Constroction & Land Management 48. Approve the purchase of land interests containing 129.62 acres, more or Jess, in Broward and Dade Counties, East Coast Buffer Project, and authorize a Resotution to the Depar1rn3nt of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R, Rinaldi, Deputy Department Director, Construction & Land Management 49. Authorize a second amendment to the agreement with Helen Turke, a/kIa Helen P. Turke. for the purchase of land interests containing 223.7 acres, more or less, in Dade County, L- 31N Project. Charles R. Rinaldi, Deputy Department Director, Construction & Land Management Goveming Board Meeting September 11, 1997 Page 8 16G-1-' 50. Approve the purchase of land interests containing 45.00 acres, more or less, in Lee County, CREW Project, and authorize a Resolution to the Board of Trustees of the Internal Improvement Trust Fund requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Department Director, Construction & Land Management 51, Approve the purchase of land interests containing 110 acres, rr.ore or less, in Polk County, Upper Lakes Basin Watershed Project, and authorize a Resolution to the Department of Envircnmental Protection requesting reimbursement for this acquisition and associated costs, Charles R. Rinaldi, Deputy Department Director, Construction & Land Management 52. Consider acquisition of SOR lands. MANAGEMENT SERVICES/ADMINISTRA T/ON 53. ConsIder adoption of revisions to the District's Ethics Policy. Policy No. 03.801 and adoption of Rules 40E-1.106 and 40E-1.1065, regarding Post-Employment Restrictions and Misuse of Public Position. (Docket No. 97-4p.) Sheryl Wood. Sr. Attorney, Office of Counsel f PUBLIC COMMENT (May be contlnuðd at this time" not completed prior to the Public He,ring.) BOARD COMMENT Opportunity (or Boord Members to discuss matters of Interest which are not on the agenda. REPORT FROM THE ÁDV/SORY COMMITTEES 54. OMBUDSMAN'S REPORT Richard E. Williams, District Ombudsman MORNING DISCUSS'.Qti.A.G.ENDA Note: The Board witl discuss these items individually in the order lisled. DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA ECOSYSTEM RESTORATION DEPARTMENT The Everglades Construction Project Update will be the first item of business discussed after the lunch break. 55. Everglades Construction Project Update Joseph A. Schweigart, Interim Director, Everglades Construction Project William F. Malone, Director, Construction & Land Management ,<.",-,-,~""",""---,;",-",,,,-,,-,,--,,...._-,,,_....._,,.,,;"_.,,.,.~~ - - Governing Board Meeting September 11, 1997 Page 9 1 bG 1 56. Authorize construction of alternative access in consideration for extinguishment of rights in existing two (2) mile portion of Hendry County Road (Blumberg Road) currently located within Stormwater Treatment Area 5 at an approximate cost of $1,100,000.00, authorize delegation of authority to Executive Director, or his designee. to enter into an agreement with Hendry County and U. S. Sugar to extinguish all rights and claims in consideration for construction, and authorize Office of Counsel to file suit. if neœs!'.ary. against 1ïcor Title Insurance Company for reimbursement of construction costs. INilliam F. Malone, Director-Construction & Land Management 57. Authorize entering into a contract with a contractor to be determined for the design, manufacture, testing and delivery of eight large vertical drainage pumps, and 1he associated right angle gear drives, ranging in capacity from 470 cfs to 950 cfs for pumping stations G-310 and G-335 in an amount to be determined, of which $ is budgeted in FY97, and the remaining $ is subject to Governing Board approval of the FY98 ($ ) and FY99 ($ ) budgets [EC02]. (Contract Number C-E203) Jennifer Jorge, Deputy Director, Everglades Construction Project ORLANDO SERVICE CENTER 58. Approval of lake Alligator drawdown coordination agreement between the District, Game and Fresh Water Fish Commission and the Smith/Dymmek family trusts. Scott Glazier, Associate Attorney, Office of Counsel CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 59. Approve an amendment to Grant Agreement FB1 with the U.S. Department of the Interior to increase the grant award by $31.900,000 for the purchase of land interests containing approximately 2,500 acres, more or less. in the East Coast Buffer Project. Charles R. Rinaldi, Deputy Department Director, Construction & Land Management 60. Approve an Application for Federal Assistance and Grant Agreement Stormwater Treatment Area 1 East with the U.S. Department of the Interior for the purchase of land interests containing approximately 2,500 acres, more or less, in the Stormwater Treatment Area 1 East Project. in the amount of $ , and authorize the Executive Director. or his designee, to execute the Application and Grant Agreement. Charles R. Rinaldi, Deputy Department Director, Construction & Land Management OPERATIONS AND MAINTENANCE DEPARTMENT 61. Authorize entering into a contract with the Florida Department of Environmental Protection (OEP) in an amount not to exceed $6,728,880 payable to the District as reimbursement for aquatic plant management performed by the District subject to Goveming Board approval of the FY98 budget. (Contract Number C-9555) Mike Bodle, Senior Environmental Scientist, Operations & Maintenance Dept. Governing Board Meeting September 11, 1997 Page 10 11 -y: - -~ I "-'¡.;' ,<'··r , ~. 1 6G 1 PLANNING DEPARTMENT 62. Authorize entering into an agreement with Metropolitan Dade County for an assessment of impacts to urban water supply, Including field scale tracer tests, related to the Phase II Dade County Lake Belt Plan in the amount of $100,000, subject to approval of the FY98 ($50,000) and FY99 ($50,000) budgets. (Contract Number C-8797) Presenter TBD REPORT FROM THE EXECUTIVE DIRECTOR 63. Water Management Highlights Samuel E. Poole III, Executive Director 64. Joint Legislative Committee Update Samuel E. Poole III, Executive Director 65, Governing Board Follow-up Items Samuel E. Poole III, Executive Director 66, Update on Litigation Barbara Markham, General Counsel End of Morning Discussion Agenda ~:~~~;..,; :-;:.....;.:~.>:. ~.::-;;~<; ::~1".~-'::.".$~: ;-:"'~'~'~'~':~~'~~;:".~~~%~~......~~::.-:.-:::;:;. '-:-..;:;;. ;;.- .-; .;;;--............j.:~...;-";;..;.:;:.~x:;.~-' - ~. /:.'~ AFTERNOON AGENDA APPROVAL: 2:00 P.M. A. Additions, Deletions, Substitutions 8, Abstentions C, Pull Items for Discussion D. Motion to Approve Afternoon Consent Agenda, except for Items puRed for discussion E. Consider Afternoon Consent Agenda Items Puned for Discussion F, Continue Morning Discussion Agenda (if applicable) G. Consider Afternoon Discussion Agenda .-.-----'" ~_.._--,~. - Governing Board Meeting September 11, 1997 Page 11 lb(] 1 AFTERNOON CONSENT AGENDA: REGULATORY MATTERS NOTE: The Board may not wish to discuss these ;terns indMdual1y and may appro\'Ð them as a group Anyone wishing to speak on one of these items should complete a gf'f1en speaker card and submit it to the District Repf'f1sentative in the lobby prior to consideration of the Consent Af}enda. This will permit the Chairman to pull such items for individual discussion. A copy of the Ccnsent Agenda is available upon request by contacting the Regulation Department at (561) 687-6736. 67. Consideration of Consent Agenda for Governing Board approval, which includes Construction and Land Management, items: Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Permit Applications for Approval Under Limited Amnesty Program Right of Way Occupancy Permit Applications for Waiver of District Criteria 68. Consideration of Consent Agenda for Governing Board approval, which includes Regulatory, items: Water Use Permit Applications Surface Water Management Permit Applications (includes Conservation Easements) Environmental Resource Permit Applications (includes Conservation Easements) SWIM Works of the District Permit Applications Appellate Court Proceedings Consent Agreements Consent Orders Seminole Tribe Work Plan Amendment End of Afternoon Consent Agenda AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS NOTE: Tho Board will discuss individually in the order listed on the agenda, DISCUSSION OF ITEMS PULLED FROM AFTERNOON CONSENT AGENDA REGULATION DEPARTMENT Environmental Resource 69. Consider a request by Atlantic Gulf Communities for the issuance of an Environmental Resource Permit Modification to include State Lands Authorization for a lease and an easement for West Bay Club Phase 1 B, Lee County (staff recommendation is for approval). Rob Robbins, Director, Natural Resources Management Division 160 , A'l'TACB!ŒN'.r VII FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Description Locatioq Owned By COLLIER COUNTY HEALTH & PUBLIC SERVICES-BUILDING H 3301 East Tamiami Trail Building H, Naples Collier County CHD/ENVIRONMENTAL HEALTH CO-LOCATION WITH DEVELOPMENT SERVICES 2800 North Horseshoe Drive Collier County Naples IMMOKALEE SATELLITE 419 North First Street Immokalee Collier County A. Clinical Services Health Services Facility Collier County B. General Public Health Services Triple Wide Mobile Office Unit Collier County att::hVII 46 Governing Board ~ting September 11, 1997 Page 12 lóG"'l 70. Consider a request by Grand Savannah Club, ltd. For the issuance of an Environmental Resource Permit for Grand Savannah Club, St. Lucie County (staff recommendation is for approval). Damon Meiers, SupelVÌsing Professional, Regulation Department End of Afternoon Agenda ADJOURNMENT ..---- - _._~- -.~-_._. -- 1 bG 1 MINUTES OF A MEETING OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT KISSIMMEE CMC CENTER 201 EAST DAKIN STREET KISSIMMEE, FL WEDNESDAY, AUGUST 13, 1997 10:30 A.M. The following Board Members were present Frank Williamson, Jr., Chainnan Eugene K. Pettis, Vice-Chainnan Richard Machek Vera Carter Michael Minton Samuel E. Poole, m, Secretary CALL TO ORDER 1. Board questions for staff' about any items on the Thursday Regular or Regulatory Consent Agenda. There were no questions on these items. 2. Welcome Mr. Williamson welcomed Mr. Ken Smith, Commissioner, Osceola County. Mr. Paul Wetzel, City Manager, City of St. Cloud, and Mr. Charles Davidson. Councilman, City of St. Cloud. 3. 25· Year Service A ward for Mr. Jared Justesen, Orlando Service Center Mr. Bill Stimmel, Director. Orlando Service Center, presented the award to Mr. Justesen. 4. Introduction to the Issues Mr. Stimmel presented the issues that will be discussed at today's meeting. A copy of the mLlterial used in his presentation is included in the official record of this meeting. S. Management Plan for the K.J.sslmmee Chain of Lakes ......"'-,-_.,'~,._~.-.."'--~---'-_.,-"" 16G....l--, Governing Board Workshop August 13. 1997 Page 2 Mr. James Carnes. Sr. Planner. Upper East CoasúKissimmee Planning Division, presented information on the management plan. A copy of the material used in his presentation is included in the official record of this meeting. 6. AJligator Lake Drawdown and Muck Removal Project A. Ov~rview of the Alligator Lake Drawdown and Muck Removal Project. Mr. Mike Hulon. Fisheries Biologist. Florida Game and Fresh Water Fish Commission. presented the overview. A copy of the material used in his presentation is included in the official record of this meeting. B. Public Comment on Project. Mr. John F. Bennett, Attorney representing landowners along Alligator Lake, said his clients. are opposed to the drawdown at this time. He said the impact of the drawdown has not been sufficiently studied. and he is concerned that there may not be sufficient funds to conduct the drawdown in the most effective manner. Mr. Bennett suggested that the drawdown project be delayed until the final report is completed by the U.S. Army Corps of Engineers. Mr. Hulon said the drawdown is being done in the most cost-effective way. He said the drawdown effort is fully funded at this time. Mr. Stimmel! said the issues raised by landowners can be addressed at the steering committee level. He said the drawdown is not being done to damage landowners' property. Mr, Torn Heyward, an AIHgator Lake landowner, said the problem affecting Alligator Lake is agricultural run-off. He urged the Board to approve the drawdown and to move forward as scheduled. Mr. Chuck Dunnick, Commissioner, Osceola County Commission, said the county supports the drawdown. Mr. Tim St. John. Alligator Lake Chain Homeowners Association, said his organization supports the drawdown. Mr. Gene Bragg, a St. Cloud resident, objected to the proposed drawdown of Lake Gentry. He said ¡he drawdown is not needed because the water quality is excellent. Dr. Paul Gray, Florida Audubon Society, suggested that a broader lake regulation schedule would help th~ health of Alligator Lake. ...--,. <-,--_....... ..... ...-. ..--....-.-- 16G 1 Governing Board Workshop August 13, 1997 Page 3 Mr. F.F. Hutton, Alligator Lake Homeowners Association, urged the Board to proceed on schedule with the drawdown. Ms, Eleanor Focrste, Horticulture Agent, Osceola County Cooperative ExtensionlUniversity of Florida, presented information on the Cooperative Extension's educational efforts. She said her agency is willing to continue those efforts. C. Authorize entering into a cooperative agreement with the Florida Game and Fresh Water Fish Comnùssion for implementation of the Alligator Lake Chain Drawdown and Muck Removal Project in the amount of up to $800,000. (Contract C-SS02). Mr. Jason Duff, Sr. Public Communications Officer, Orlando Service Center, presented information on the cooperative agreement. A copy of the material used in his presentation is included in the official record of this meeting. Motion by M~. Carter to authorize entering into a cooperative agreement with the Florida Game and Fresh Water Fish Commission for implementation of the AlJigator Lake Chain Drawdown and Muck Removal Project in the amount of up to $800,000. (Contract C-8802). Motion approved. Mr. Hulon introduced Mr. Lawson Snyder, Florida Game and Fresh Water Fish Commission. Mr. Snyder lilanked the Board fo. working with the commission on this effort. 7. Update on Aquatic Plant l\1anagement in the Kissimmee Chain or Lakes Mr. Mike Bodle, Sr. Environmental Scientist. Vegetation Management Division. presented the update. A copy of the update is included in the official record of this meeting. 8. Status Report on the Butler Chain of Lakes Water Quanty Model Project Mr. Larry Pearson, Lead Planner, Orlando Service Center. presented the report.. A ccpy cfthe material used in his presentation is included in the official record of this meeting.. 9. Status Report on the Kissimmee Basin Water Supply Plan Mr, David Gilpin-Hudson. Sr. Planner. Upper E. CoastIKissimmec Plaaning Dirisioo. prescotcd the report. A copy of the material used in his presentation is included in me offJciaJ record of this meeting. PUßLIC COMMENT -"~---" -~-~,._~_.~-~,- ..... 16G l' Governing Board Workshop August 13. 1997 Page 4 Mr. Marvin Burr, Kissimmee River Sportsman's Association. commented on a proposal to close Reedy Creek to motorized vessels. He said his organization is strongly opposed to this action. Mr. Burr submitted an alternative plan that would ma1ce Reedy Creek and Russell Creek an idle zone for all boat traffic, with a 9:00 p.m.-6:00 a.m. curfew. He asked that the board postpone action on this issue until September. Mr. William F. Malone, Director, Construction and Land Management Department, said staff is trying to arrange a meeting with interested parties on this issue. He recommended that action on this issue be deferred until September. Mr. Charles Davidson, City Councilman, City of St. Cloud, said the city is trying to deal with problems involving its drainage system and asked the District for assistance. He said he supports the drawdown, but is concerned that public access may be inhibited in some portions of the drawdown area. Mr. Mark Luthie. City Engineer, City of St. Cloud, said there arc: a number of drainage problems plaguing the city's drainage system. He said high flows from the C-21 canal occur each year and often submerges boat launches and docks. Mr. Luthie said he will get with staff to discuss a permit for relief of this problem. Mr. Charles Lee, Florida Audubon Society. commented on the bid protest by IT Corporation that is scheduled for consideration at the Thursday, August 14.1997 Board meeting. He said his organization advocates that the Board use every option to make sure that the Everglades Construction Project is not delayed by this bid procest. Mr. Barbara Markham, General Counsel, said Ms. Miriam Singer, Governing Board Member, wiJl not be able to attend the Thursday. August 14 meeting. She said Ms. Singer is concerned about item 8, which involves Biscaync Bay and the Miami River, and has entered a letter into the record addressing this item. ADJOURNMENT There being no further discussion to come before the Board, the meeting was adjourned at 3:00 p,m, ~____.~.__.u~'------·" 16G 1 MINUTES OF A MEETING OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT OFFICES OF THE DISTRICT, 3301 GUN CLUB ROAD, WEST PALM BEACH FLORIDA THURSDA Y, AUGUST 14, 1997 8:30 A.M. The following Board Members were present Frank Williamson, Jr., Chairman Eugene K. Pettis, Vice-Chairman Richard Machek William Graham Vera Carter Mitchell Berger Michael Minton Samuel E, Poole, III, Secretary CALL TO ORDER Chairman Williamson called the meeting to order at 8:30 a.m., followed by the invocation by Ms. Margie Hernandez, and the pledge of allegiance to the Flag of the United States of America. Pr~ntations: Mr. Richard Machek, Vice Chairman of the Human Resources Committee recognized July's Employee of the Month - Ms. Marcia Paluga, Construction and Land Management Department Mr. Poole and Chairman Williamson received the Environmental Systems Research Institute (ESRI) "MaYJng a Difference Award". This award was presented to the District at the 1997 International ESRl Geographic Information System (GIS) Users Conference held in San Diego, California. Nt..!. Poole and Chairman Williamson presented the District's 25- Year Service Awards to Mr. Richard Baker, Office of Enterprise Engineering. Mr. Jared Justesen, Orlando Service Center, was presented the District's 25- Year Service Award at the August J 3rh Kissimmee Workshop. 16G"'1~ Governing Board Meeting August 14, 1997 Page 2 Approval of the Minutes Motion by Mr. Pettis to approve the MJnutes of the Governing Board Meeting of July 9,1997, the Governing Board Regular Meeting of July 10, 1997, the Budget Workshop ot July 2, 1997 and the Governing Board Teleconference ot July 25, 1997 as written. Motion approved. MORNING AGENDA APPROVAL Additions, Deletions, Substitutions Chairman Williamson noted that items 18 and 21 have been deleted, and item 29 has been continued until the September Board meeting. Pull items for discussion. Chairman Williamson pulled item 8. Mr. Machek pulled item 3. Mr. William F. Malone, Director, Construction and Land Management Department, asked that the Board pull item 26. Chairman Williamson agreed. Mr. Philip Kochan. Senior Business Operations Analyst, Executive Office, said item 32 has been deleted, Abstentions Mr. Berger abstained on items 42 and 58. GOVERNING BOARD MEETING SCHEDULE 1. Consider Schedule for Upcoming Meetings. Mr. Poole presented the schedule. A copy of the Schedule for Upcoming Meetings is included in the official record of this meeting. 2. Considn Tentative Agenda for September Workshop. Mr. Poole presented the Tcntative Agenda for the September Workshop. A copy is included in the official record of this meeting. MQRNINÇ CONSENT AGENDA Motion by Mr. Berger to approve the Morning Consent Ageuda as revised. Motion approved. The following it~ms were approved as part of the Morning Consent Agenda, Except for items 3. 8. and 26. which were pull~dfor discussion. 1T IUlfll ~ _,~,'~ ..,~.__,__"';",_"''''''''_''''''''''''''''''''__''.'__'_'.._.'''''''''''''~__''.'''''''''''_'._____~'-,.O>-." 1 óG 1 Governing Board Meeting August 14, 1997 Page 3 OFFICE OF COUNSEL 4. Authorize amending a contract with the Jaw finn of Mack. Haygood & McLean for continuing legal support concerning the matter of Oscieu ]ean-B~ptiste v South Florida Water Mana~emen~ District. et. aJ.. to extend the contract for an additional one year. with no increase in funding. (Contract Number C-7236-A2) FORT MYERS SERVICE CENTER 5. Authorize amending a cooperative agreement with the Lee County Board of County Commissioners for the construction of a pennanent weir in the Kehl Canal just east of Bonita Grande Road replacing the current temporary weir to extend the cooperative agreement for one year at no additional cost. (Contract Number C-88l6) 6. Authorize amending a revenue agreement for $200,000 with the Lee County Board of County Commissioners to be applied as cost-share revenue for the KehJ Canal Weir Replacement Contract C-8816 for which $605,000 is budgeted. The amendment is to extend the revenue agreement for one year. (Contract NumberC-88l8-AI) MIAMI-DADE REGIONAL SERVICE CENTER 7. Authorize entering into a two (2) year cooperative agreement with University of Florida Center for Wetlands for the development and evaluation of a Biscayne Bay regional wetland buffer. and to provide alternative preliminary engineering designs for a regional wetland buffer, in the amount of $149,092 for which funds are budgeted. (Contract Number C-8932) BROW ARD COUNTY SERVICE CENTER 9. Authorize arr.ending a cooperative agreement with the City of Sunrise to provide financial assistance for the construction of a drinking W2!er aquifer storage and recovery facility for a 12- month extension at no cost to the District. (Contract Number C-7137-A I) 10. Authorize amending a cooperative agreement with the City of Fort Lauderdale to provide financial assistance for the construction of a raw water aquifer storage and recovery facility for a 7-month time extension at no cost to the District. (Contract Number C-8853-A I) OKEECHOBEE SERVICE CENTER 11. Approve the transfer of two ponable multi-parameter water quality instruments (Hydrolab Surveyor IJ) from the Water Resources Evaluation Department, Water Quality Monitoring. and Okcechobee Data Collection to the Okeechobee Service Center for use as an educational exhibit. MANAGEl\1ENT SERVICES DEPARTMENT/ADMINISTRATION 12. Authorize the sale of surplus equipment to the highest bidder. either through sealed bid or public auction, and subsequent removal from the fixed asset records. ---....------....-. --_..~-*.,~ 16G"1~ Governing Board Meeting August 14, 1997 Page 4 13, Authorize entering into a contract with the Mohler Company for the supply, instaIJation, and reconfiguration of systems furniture for the period October I, 1997 to September 30, 2000, in an amount not to exceed $329.260 subject to Governing Board approval of the 1998 budget, and amounts not to exceed funds approved by the Governing Board for FYs 1999 and 2000. (Contract Number C-8393) CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 14, Approve staff recommendations for releases of District canal. mineral and road reservations. releases of T.I. I.T.F. canal reservations and issuances of non-use commitments. 15. Approve staff recommendation for transfer of canal reservations along the southwesterly right of way of the L-l 0 and L-12 Levees, from Canal Point to New State Road 80, to Florida Department of Transportation. (Tracts C9-100-014 and C6-100-0(1) 16, Authorize delegation of approval and execution authority to the Executive Director, or his designee for assignments of. and amendments to, Agreements for Sale and Purchase of Land Interests, Leases and Reservations and for Approval of Title Exceptions. 17. Approve Amendments to the Mitigation Banking Reservations pursuant to the acquisition agreements with Rawlins and Sharon Overstreet and Wilma Overstreet to purchase land interests containing 595.06 acres. more or less, located in Osceola County. Kissimmee Chain of Lakes Project and approve revisions to Resolution No. 96.51 to the Department of Environmental Protection advisine: them of the terms of these Amendments. 1&, A-ppt'Oye doolttrin~ffitefe5ts eORtaiftÏftg 84.69 aeres. more er less. in the Lake 'Herth Drit!nage District E 1'.1/ Nølth 8ftd Seud" Can&ls, ¡It Pelm BetteR Ce"Hlty, tlfld eppre'le ~ f() tXCAaflge the sl:Irph:ls land ¡8te~ts with the l...4ke Worth DmiAage Distfiet fer the Dist~ aequis.itioA of hæd interests OORt&:ÌftÍAg 6.61 aef'eS, mef'e er less. in Pa:1m Beaeh COUAt~eAee Mitigation B8ßk. 19. Approve the Conceptual Management Plan for the Shingle Creek Project. Save Our Rivers Program. 20. Authorize entering into a contract with the Florida Department of Environm~ntal Protection and the Florida Greenways Coordinating Council. for facilitating the establishment of the Florida Greenways Trail System. at no cost to the District. (Contract Number C-8335) 21. Autfterize-enteriAg ¡nte a l8ftd m&:B8gemeRt le85e for the ffi8ßagemeRt ef Site 1. East CaBSt B~ffef.; ~h COI:IAty, ~øle-Rftlleh.IRe.. rer B (he veer perietl in tM Bft1al:lftt e('41..ooo Ðe¥ year. IiI::S re":eRl:le te!:he District, sl:IBjeet Ie 8J3J.'1FeVal €If prepeseå use èy U. S. DeJ3ll:fttmRt of æterier. (CORIrBet Nl:Imær C g~ 22. Authorize entering into an amendment to a revenue contract with South Florida Resource Conservation and Development Council, Inc.. to allow subleases to other approved farmers to farm Frog Pond parcels 3,4,5,6 and 7 as identified in the lease. (Contract Number C-6981-A 1) ------. ..~ --- Ibl:i 1 Governing Board Meeting August 14, 1997 Page 5 23. Authorize entering into an amendment to a revenue contract with Florida Bay Initiative. Inc.. to include sustainable agriculture demonstration projects on th~ leased farm land parcels in the Frog Pone\. (Contract Number C-6982 A-I) 24. Authorize entering into a contract with Murray Logan Construction Company, the lowest responsive and responsible bidder, for construction of the S-82A Tailwater Weir in the amount of $496.000, for which funds are budgeted. This weir will be located in Highlands County near Lake Istokpoga. (Contract Number C-80 12) 25. Authorize entering into a contract with Ranco Construction Corporation of South Florida, the lowest responsive and responsible bidder, for construction services to construct improvements to the existing trailhead and hiking/nature trails of the Save Our Rivers (SOR) Corkscrew Marsh Public Use and Management Area, Collier County. Florida. in the amount of Base Bid of $189.169 plus Bid Alternate No.6 - Pau Lope Wood of $25.000, Total: $214.169, for which funds are budgeted in FY97. (Contract Number C-7016) OFFICE OF ENTERPRISE ENGINEERING 27. Authorize sole source exception to the General Standards for Competition to purchase specific electrical components used in data collection station construction and refurbishment from Campbell Scientific. loc,. for a period of three years. OPERATIONS AND MAINTENANCE DEPARTMENT 28. Request acceptance of the May 1997 Cooperative Inter-District Repon entitled: "Ex.otic Plant Invasion on Florida's Water Management District Lands." End of Mornin2: Consent Ae:enda ~fORNING DISCUSSION AGENDA DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA 3. Approval of Budget Transfers Mr, Machek questioned the number of budget transfers included under this item. Mr. Joe Moore, Director. Office of Budget ånd Procurement. said the larger number of budget transfers is an indication that the District is nearing the end of the current Fiscal Year. Motion by Machek to approve Budget Transfers. Motion approvoo. 't.--....1I .-.- -_._.~."~ '1-__....,.....____..., 4 ,,"". ""...H."'__._..._....____··''''''..''· lbl:i 1 Governing Board Meeting August 14, 1997 Page 6 8. Approve appointments to the MIamI River Study Commission. Mr. Poole presented information on this item. He recommended that the Board agree to appoint four members to the Miami River Study Commission. Motion by Mr. Graham to approve appointments to the Miami RIver Study Commission for the Local Community V oJunteers category and the representative of a homeowners association as directed by Appropriation 1196. Motion approved. PUBLIC COMMENT Mr. Robert Fina. Site J Partners, said a contract was awarded to his firm by the District on July 22, 1997 for a land management lease for the management of Site I, East Coast Buffer, Palm Beach County. Mr. Fina said this issue appeared on today's agenda as item 21. Chainnan Williamson noted that item 21 has been deleted, but asked Mr. Fina to prescnt his comments at this time. Mr. Fina said his firm submitted a scaled bid on July 4, and was informed via the District's contract hoùine on July 22 that the contract had been awarded to Site 1 Partners. He said the content of the bid submitted by Site I Partners was revealed by staff to other bidders on the project, and was subsequently taken away from his finn. Mr. Fina said the District made a mistake in not awarding the contract to his firm and asked that the Board correct that mistake by awarding the contract to Site I Partners. Mr. Robert Motchkavitz, Motchkavitz Engineering/Site 1 Partners, al...:> objected to the contract award. He said the District violated its own rules, violated his company's rights, and caused damage to his company by not awarding the contract to Site 1 Partners. He said the Board should either award the contract or damages to Site I Partners. Mr. William F. Malone, Director, Construction and Land Management Department, disagreed with the comments made by Mr. Motchkavitz. He said no District rules were violated. and the process used by staff did not violate the rights of Site 1 Partners. Mr. Malone said the contents of the proposals submitted for this pmject became public under the State's public records law. Mr. Malone !k1.id staff met with representati ves of the firm and, as a result of the discussion, decided to cancel the Request for Proposal process and re-advertise the project. Mr. Pettis asked that Office of Counsel work with staff and the District Inspector General to bring a final report on this issue to the Board prior to the September regular meeting. Ms. Bonnie Heatzig, Attorney, Office of Counsel, said the Board could agree to reject all proposals, post that infonnation, and give other firms the opportunity to object to that action. Mr. Malone recommended that the Board allow staff to reject the bid submittals and re-structure the process, but not to issue a re-solicitation. He said staff will review the process with the Inspector General and report back to the Board. Motion by Mr. Berger to approve staff's recommendation as presented by Mr. Malone. Governing Board Meeting August 14, 1997 Page 7 1 óG 1 Ms. Barbara Markham. General Counsel. asked that the Board table action on this item until later in the meeting. Amended Motion by Mr. Berger to table action on this item until later in the meeting. Motion approved. PUBLIC HEARING at 9:30 A.M. Chainnan Williamson opened the public hearing. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 29. Approve the Adoption of Amendments to Chapter 40&7, F.A.C. and the District's ''Public Use Guide for Designated Land Management Areas," Incorporated by Reference into Part V, Chapter 40E-7, F .A.C. (Docket No. 97-5). Board Members agreed to continue consideration on this item until the September Board meeting. 30. Approve declaring surplus land interests containing 4.86 acres, more or less, in,a strip of land in Broward County, East Coast Buffer Project Mr. William F. Malone. Director. Construction & Land Management Department. presented infonnation on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Pettis to approve declaring surplus land interests cuntaining 4.86 acres, more or less, in 8 strip of land in Broward Coonty, East Coast Buffer Project, and obtain Department of Intaior approval, and approve an agreement to exchange the surplus land interests with the Florida Power and Light Company for the District's acquisition of land Interests containing 145.98 acres, more or les.~ in Palm Bt".ach County, STA·IW and STA·2 Projects. Motion approved. Abstain. Mr. Berger. 31. Approve the purchase of land interests, including structures and improvements, containing 11. 78 acres, more or less, in Dade County, 8.5 Square MDe Project Mr. Malone presented infonnation on this item. A copy of the material used in his presentation is induded in the official record of this meeting. Motion by Mr. Pettis to approve the purchase of land interests, Including structures and improvements, containing 11.78 acres, more or less, in Dade County, 8.5 Square Mile Proj~ approve declaring surplus, disposal of, and removal from, the asset records, any such structures and improvements deemed unnecessary for the stated purpose or the original land acquisition and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acqui~ition and associated costs. Motion approved. 32. Autborize a second amendment to the agreement with Helen Turke aIkIa Helen P. Turke for the purchase of land interests containing 223.7 acres, more or less, in Dade County, L-31N ProjecL ._ _'~"'H"_"__' ~ 1t .~.."...-'"-~""-- ....--..... ~. .',- Governing Board Meeting August 14. 1997 Page 6 1 óG 1 This item was deleted 33. Approve the purchase orland interests containing 730.09 acres, more or less, In Dade County, Model Laods Basin Project aDd C-III North Project, aud authorize a resolution to the Department of Environmental Protection requestiDg relmbananent for this acquisition and a.~iated costs. Mr. Charles R. Rinaldi, Deputy Director. Construction & Land Management Dept.. presented infonnation on this item. A copy of the material used in lùs presentation is included in the official record of this mxting. He said staff recommends approval. Motion by l\fr. Pettis to approve the pu.rcbase of land Interests CODtalning730.09 acres, more or less, in Dade CÀunty, Model Lands B8dn Project and C-III North Project, and authorize a resolution to the Department of Environmental ProtectIon requesting reimbursement for this acqu1sltion and L4ò'SOdated cœts. Motion approved. ~ 34. Approve the purchase or land Interests containing 20 acres, more or less, in Dade County, Water Conservation Area Project. Mr. Rinaldi presented infonnation on this item. A copy of the material used in his presentation is included in the official record of this meeting. " . Motion by Mr. Pettis to approve the purchase of land Interests containing 20 acres, more or less, In Dade County, Water Conservation Area Project. Motion approved. ð5. .\~e JMirehøse sf land mteN&ts eeft&ahùøg 45,00 HI'œ9 mere or ~ 18 Lee CetlMY. ~jeet, and BØtherÎi5e 8 reseløtioR te the 898N et Trustees ef the InIePftal ImpreYelÆRt Trost FlIRd retløestiBg reimbUI'tieIMRt fer tIH5 Bequi6itJeR and asseeialed eests. This item was deleted. 36. Consider acquisition of SOR lands. A. Update on Riberg Cattle Grazing Lease Mr. Rinaldi presented the update. A copy of the material used in his presentation is included in the official record of this meeting. PUBLIC COMENT Board Members returned to consideration of comments made by Mr. Robert Fina and Mr. Robert MOlchkavitz. Site 1 Partners. Ms. Barbara Markham, General Counsel, said staff has discussed this issue. She recommended that the Board continue with consideration of the original motion made by Mr. Berger. ----- --~-~~~...._--""....,,_." ...------..---~"...-. t'~V."""1t ......,~ M..""a ~WHW'¡ 14. i..' 1 ' Motion by Mr. Beraer to approve .talr. ncomlnendatlon to ~ed the bid lubmltta~ tor. land .0 .".. t I......, "'.. UI" nt.H.....".,.". Nt ~I'. h "...t ÞO'MIHIt It....,." "'-"U UAua '-AJWliy, IIDd ce- ~~re tee process, but not to issue a re-solicitation, and to direct staff to review the process with the Inspector General and report back to the Board. Motion approved. End of Public Hearin2 Chainnan Williamson closed the public hearing. Board Members agreed to consider item 26 at this time. 26. Approve and execute a resolution: a. declaring and adopting G-69 a Work of the District pursuant to Subsection 373.086(2), Fla. Stat., and Chapter 40E-6, Fla. Admin. Code. b. amending South Florida Water Management District's Resolution Number 91-01, passed and adopted on October 11,1990 eliminating the project structure known as G- 94D as a Work of the District. c. amending South Florida Water Management District's Resolution Number 91-01, passed and adopted on October II, 1990 eliminating the non-project structure known as G-210 as a Work of the District. Mr. Burkett Neely, Manager, Loxahatchee National Wildlife Refuge, said he was initially concerned about this action, but has been reassured by staff that monitoring will be enforced as required by the non-ECP (Everglades Construction Project) permit. Motion by Mr, Berger to approve and execute a resolution: a. dedaring and adopting G-69 a Work of tht District pursuant to Subsection 373.086(2), Fla. StaL, and Chapter 40E-6, Fla. Admin. Code. b. amending South Florida Water Management District's Resolution Number 91-01, passed and adopted on October 11, 1990 eliminating the project structure known as G- 94D u a Work or the DIstrict pursuant to Subsection 373.086(2), Florida Statutes and Chapter 40E-6, F10rida Administrative Code. c. amending South Florida Water Management District's Resolution Number 91-01, pa.~ and adopCed on October 11, 1990 eliminating tbe non-project structure known as G-210 as a Work of the DistrIct pursuant to Subsection 373.086(2), Florida Statutes, and Chapter 40E-6, Florida Administrative Code. .Motlon approved. PUBLIC COMMENT -"~_. Goveming Board Meeting August 14, 1997 Page 10 16G '1~ Ms. Rosa Durando. Audubon Society of the Everglades. expressed concern about a proposal by the Lake Worth Drainage District to increase the minimum flow of water into the Loxahatchee National Wildlife Refuge. Mr. Dan Cary. Director. Planning Department. said staff is still developing the minimum flows and levels plan and to take a stand on this issue at present would be premature. Ms. Nandann Regalado. National Audubon Society. expressed concern about the issue of mitigation banking. She said her organization is concerned that the concept will constrain restoration options. decrease the potential for net ecological benefits. and will allow restoration to be paid for by wetland destruction. Ms. Barbara Susco. a Lake Worth resident. said the acquisition of private land for public use in order to restore wildlife populations has adverse impacts that should be considered. She said as the District acquires land for restoration. wildlife returns to it bringing diseases. Mr. Steve Walker. Attorney representing Southern Golden Gates Estates landowners. said his client suppol1S the settlement of litigation involving Southern Golden Gates Estates. He said this seulement is important for Everglades restoration and should be supported by the Governing Board. Mr. Michael Slayton. Deputy Executive Director. said staff supports the acquisition of Golden Gates Estates, and asked that staff be authorized to send a letter supporting the concept of settlement to Governor Lawton Chiles. Board Members agreed. BOARD COMMENT Mr. Graham commented on the addition of four new positions on the Northwest Dade County Lake Belt Committee. He said the Board should approve the addition of those new appointments. Motion by Mr. Graham to approve the nddition of four new members to the Northwest Dade County Lake Belt Committee. Motion approved. Mr. Machek commented on the issue of increasing the minimum Jevel of water flowing into the Loxahatchee National Wildlife Refuge from the Lake Worth Drainage District. He asked if the minimum could be increased for recharge purposes during an emergency situation. Mr. Dan Cary. Director. pJannin g Department. said the plan does not cover such a situation. but staff will look into it. 37. OMBUDSMAN'S REPORT Mr. Richard E. Williams. District Ombudsman. presented the report. A copy of the material used in his presentation is included in the official record of this meeting. Board Members agreed to consider items 44 and 45 together. OFFICE OF COUNSEL ".._...._"'.,.~- ."--'-~""'-" .' ~ :4 ! 16G 1 Governing Board Meeting August 14, 1997 Page 11 44. Authorize an extension of the reservation or possession contained in tht; Stipulated Order of TakJng of the STA lW eminent domain action (Parcel No. 102-027) styled South Florida Wa~r Mat182f'.ment v. StoIin 45. Authorize an extension of the reservation of possession contaJned in the Stipulated Order of Taking of the ST A eminent domain action (parcel No. 103-011) styled South Florida Water Mana~ement v. Okeelanta Ms. Ruth Clements, Senior Attorney, Office of Counsel. presented infonnation on this item. A copy of the material used in her presentation is included in the official record of tlùs meeting. Ms. Clements said staff recommends approval. Motion by Mr. Graham to authorize an extension o( the reservation of possession contained in the Stipulated Order of Taking of the ST A 1 W eminent domain action (Parcel No. 102-(27) styled ~ Florida Water Mana:zement v. Stolln. (rom May 1, 1997 through November 30, 1997, for considerntion In the amount 0($56,671.80. Motion approved. Motion by Mr. Graham to authorize an extension of the reservation o( possession contained In the Stipulated Order of Taking ortbe STA eminent domain action (Parcel No. 103-(11) styled ~ Florida Water Man22cment v. Okeelanta. from May 1, 1997 through November 30,1997, for consideration in the amount of $51,200.00. Motion approved. CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 46. Approve the purchase of land interests, containing 5 acres, more or less, in Palm Beach County, Field Operations Center Mr. WiWam F. Malone, Director, Construction & Land Management Department. presented information Of' this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr, :Mad1ek. to approve the purchase of land Interests, containmg 5 acres, more or less, in Palm Beach County, Fie14 Operations Center', in the amount o($9S0,OOO.nd approve a budget t.nm.s;fer from Bulkllnp .it Improvemeuts to Land " Land Improvements In the same amount. Modoa approved. o FflCEOF ENTERPmSEENGThffiEmNG "'ri. høtJt&rbe eæeriag into ItA ~JBeftt ..vim BelJSeulå Celh:tlar Cefp. Is eøø·mt It..... sf the Disfriet- s nHepØwave f'dtb'l;ay5 to Q r.ew ~, at tfle se1e eKpeose ef Benseuth Celhdar Ce~.; end pæYiše $425.000 pe~1tY is N'/MYe t9 me Distfiet; MtI pt0vièe 8ft &ådiii9RaI SJOG.OO9le rlllREI l}istr'.e: ¡BOOr Må eSRSl:ilwøg 00"...ts 665seialed with e9adeß5ing the pest 8eecptMee peried fl9t1'HHte ~ø ninety (00) days. fer a 19181 "'·..Bllle IHtSt:lftt ef S 1.47S miniSft. (Centfeet NWBèer C 8%8) This item was deleted. .---.'.------.......... .~~ Goveming Board Meeting August 14. 1997 Page 12 loG 1 :ì 48. Authorize entering into an agreement with Omnlpolnt Communications, Ine. to convert ten of the District's microwave pathways Mr. Trevor Campbell, Director, Office of Enterprise Engineering, presented infonnation on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Pettis to authorize entering into an agreement with Omnipoint Communications, Inc. to convert ten of the District's microwave pathways, seven to digital technology, and three to a new frequency, at the sole expense of Omnlpolnt Communications, Inc. (Contract Number C-8974). Motion approved. 49. Authorize amending a work order contract with Omnicom, Ine. waiving the competition provisions of the District Procurement and Contractinl Policy, for technical consulting senices to evaluate performance of the District's Communications and Control System Mr. Campbell presented infonnation on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Pettis to authorize amending a work order contract with Omnicom, Ine. waiving the competition provisions of the District Procurement and Contracting PoUcy, for technical consulting services to evaluate performance of the District's ColDlllUl1.ications and Control System subsequent to FederaJ Communications Commission (FCC) mandated microwave frequency relocation, to e).'teDd the term of the contract by 6 months to Marth 30, 1998, and increase the total not-to-exceed amount by $60,000 to $140,000, subject to Governing Board approval of the FY 98 budgeL (Contract Number C-8363 A2). Motion approved. BROW ARD COUNTY SERV1CE CENTER SOA. Concur with recommended starr objections, recommendations and comments to the Florida Department of Community Affairs on Broward County Comprehensive Plan Amendment Package 97-2. Mr. Jim Jackson, Senior Planner, Planning Department. presented infonnation on this item. A copy of the material used in his presentation is included in the official record of tlùs meeting. Mr. Jackson said the comprehensive plan amendment is premature. potentiaUy restricts Everglades n:stQration. and is inconsistent with county policies. Mr. Berger noted that there has been significant movement by Broward County officiaJs toward addressing the District's concerns about tlùs issue. He urged staff to continue to work. with county officials. Motion by Mr. Berger to concur with recommended staff objections, recommendations and comments to the Florida Department of Community Affairs on Broward County Comprehensive Plan Amendment Package 97·2. Motion approved. .; j!. . _...~_,_~"m'_~ _'O'_·'_'.'H~_"'__'_" - .~-____~.. v - - --- - ---r-- r .-. --, .-- . -11_ Govoming Board Meeting August 14, 1997 Page 13 1 6 G 1 t SOB. Autborize staff to continue to pursue objections to Broward County Comprehensive Plan Amendment Package 97-2 on behalf of the District as the owner of and as the steward of the public investment in, the Chambers parcel (Amendment PC 97-17). Mr. Charles R. Rinaldi, Deputy Director, Construction and Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Rinaldi asked that staff be authorized to continue to pursue the District's objections as a landowner, Motion by Mr. Berger to authorize staff to continue to pursue objections to Broward County Comprehensive P1an Amendment Package 97-2 on behalC of the District as the owner of and as the steward of the pubHc investment in, the Chambers parcel (Amendment PC 97-17). Motion approved. REGULA nON DEPARTMENT 51. Authorize RuJe Development and Initiation of Rulemaldng, and Approve the Publication Draft of Amendments to Chapters 4OE-2, 20 and 23, F.A.C., and the Basis of Review for Water Use Permit Applications Mr. Scott Bums, Director, Water Use Division, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. B~rger to authorize Rule Development and ln1tJation of RuJemaking, and Approve t11e PubJkntion Draft of Amendments to Chapters 4OE-2, 2O"and 23, F.A.C., and the Basis or Review for W..ter Use Pernút AppU;;;:at1ons, Incorporated by reference in Rule 4OE-2.091, F.A.c., pertaining to the extension of the expiration date for Individual lnigatiou Use Class Water Use pennlts within the District's Lower West Coast regulatory basin. (Docket No. 97-7). Motion approved. ECOSYSTEM RF.sTORATION DEPARTMENT 39. Authorize the transmittal of Fonnal Written Protest and Petition Cor a Formal Administrative Hearing concerning South F10rida Water Management District's Request for Bids No. C.ECP, Construction orSTA-IW & STA-2, med by IT Corporation, to the Division of Administrative Hearings pursuant to Section 120.57(3), F.s., OR Mr. Glenn Miller, Senior Attorney, Office of Counsel. presented infonnation on this item. He said thal a formal bid protest ha.~ been filed by IT Corporation. and no mutual resolution to this issue has been reachC'-<Î between the District and IT Corporation. Mr. Miller said IT has met all statutory and rule requirements necessary to file the petition. He said staff recommends that the Board accept the petition and transmit the case to DOAH. '\I '--.1 Goveming Board Meeting August 14, 1997 Page 14 lbG"'l~ Ms, Mary Smallwood. Attorney representing the District. presented infonnation on the DOAH process. Ms. Smallwood also discussed emergency provisions of the Everglades Forever Act that would allow work to proceed on the project under other contractors while the case is pending. Ms. Mel Maguire, Attorney representing IT Corporation. said the District cannot create an emergency where none exists. Mr. James Kirk. IT Corporation. said his finn is not trying to obstruct the Everglades restoration process. He said IT has complied with the requirements of the District's Minority/Women Business Enterprise policy and asked that the Board re-consider staffs recommendation. Mr. Berger said the District is primarily concerned with the possibility that the case could be appealed to federal courts on constitutional grounds if the Hearing Officer rules in favor of the District. He said such an appeal could significantly delay restoration. Mr. Berger asked if IT will agree to limit the case to the findings of the Hearing Officer. Mr. Larry Stephenson. Attorney representing IT Corporation. said the delay in beginning construction of this project does not constitute an emergency. Mr, John Mitchell. National Audubon Society. urged the District to declare an emergency and go forward with construction of the project. Mr. Burkett Neely. Manager. Loxahatchee National Wildlife Refuge. said any delay of the project will damage the restoration effort. Mr. Williamson deferred consideration of this item until later in the meeting to allow IT Corporation and staff to discuss Mr. Berger's suggestion. Board Membus agreed to consider the Afternoon Agenda at this time. AFTERNOON AGENDA APPROVAL: 2:00 P.M. Additions, Deletions, Substitutions Ms. Terrie Bates. Director. Regulation Depanment. noted the following changes handed out as additional backup to Item 59 of the Afternoon Consent Agenda: PERMIT APPLICATIONS 1 ____IIiI~' - - --~,' ..._"'-_._--;-,...."--"-"~....._... """.,,'^.,;~-_..,.,.,,-< Governing Board Meeting August 14, 1997 Page 15 1 bG 1 Suñace Water Management Coral Creek Replat 4 (page I, paragraph 2): Postponed to September II Board Locks Landing Phase 2 (page 10, paragraph 2): Postponed to September 11 Board The Breakcrs D-13 Pump Station (page 17. paragraph 11): Approval subject to no objections by August 28 St. Lucie West (page 18. paragraph 1): Addendum to revise special condition 12, approval subject to no objections by August 26 Water Use Fort Myers Mines I and 2 (page 8, paragraph 2): Postponed to September 11 Board Environmental Resource St Edward's Catholic Church (page 2, paragraph 6): Approval subject to no objections by August 19 Five Stars Subdivision (page 4, paragraph 3): Approval subject to no objections by August 26 Wonderly Estates Phase 3 (page 6, paragraph 7): Approval subject to no objections by August 27 Wonderly Estates Phase 4 (page 6, paragraph 8): Approval subject to no objections by August 27 The Habitat (page 9, paragraph 4): Approval subject to no objections by August 22 Evans Crary Senior Bridge Replacement (page 10, paragraph 1): Postponed to September 11 Board (as indicated by Ms. Bates) Andros Isle AKA Oakton Lakes (page 14, paragraph 1): Postponed to September 11 Board Huntingtori Walk POO Phase I (page IS, paragraph 5): Approval subject to no objections by August 19 Consent Agreement Daniel B. Chandler (page 20. paragraph 4): Respondent is Daniel B. Candler (not Daniel B. Chandler) Federal Court Suit Seminole Sawgrass Pasture Project (page 21, paragraph 1): Withdrawn t. .' . GOV8min~ Board Meeting Augus11~. 1997 Page 16 ~.\~ \b\:) Abstentions Mr. Berger abstained on items 58 and 59. Mr. Minton abstained on items 58 and 59. Pull Items for Discussion No items were pulled. Motion to Approve Afternoon Consent Agenda as revised 'I' , ), Motion by Mr. Macbek to approve the Anernoon consent Agenda as revised 1ñe following items were approved as part of the Afternoon Consent Agenda. AITERNOON CONSENT AGENDA: REGULATORY MATTERS " ,; 58. Consideration of Consent Agenda for Governing Board approval, which Includes Construction and Land Management items: Emergency Authorizations Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Pennit Applications for Waiver of District Criteria Right of Way Occupancy Permit Applications for Approval Under Limited Amnesty Program 59. Consideration of Consent Agenda for Governing Board approval, which includes Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (including Conservation Easements) Environmental Resource Pennit Applications (including Conservation Easements) Everglades W orIes of the District Permit Applications SWIM Works of the District Permit Applications Denials Consent Agreements Federal Cøl:lrt Suits Memorandum of Understanding End or Afternoon CQnsent Aeenda AFI'ERNOON DISCUSSION AGENDA: REGULA TORY MA TIERS ". ----~,---...~-,-----_.~'-"'" Goveming Board Meeting August 14, 1997 Page 17 1bG l' CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 60. Authorize staff to initiate modifications or revocation of Permit Modification No. 9801 authorizing a cross fence that is not equipped with a pedestrian gap or pass-through. Mr. William F. Malone, Director, Construction and Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. He said staff recommended, and the Board approved, the construction of a fence on District right of way adjacent to property owned by Mr. Jesus Quevedo due to safety concerns. Mr. Malone said staff has since determined that no unusual risk to the public exists in this case, and is now recommending that the Board reconsider its earlier decision. Mr. Larry Mesches, Attorney representing Mr. Quevedo, said the fencing is already in place. He said if the property is unfenced, it provides an attractive nuisance to the public. Mr. Charles Shepherd, Mr. Neil St. John, and Mr. Harold Eberhardy, all neighbors of Mr. Quevedo. urged the District to allow the fence to be left in place. Mr. Rett Thompson. a West Palm Beach resident, said the fenced area is public property and is used by local fishermen. He said the property should not be fenced. Motion by Ms. Carter to authorize staff to initiate modifications or revocation of Permit Modification No. 9801 authorizing a cross fence that is not equipped with a pedestrian gap or pass- through. Motion approved. Aye - Mr. Pettis, Mr. Berger, Mr. Machek, Mr. Graham. Nay - Mr. Minton. Absent - Chairman Williamson, Mr. Hammonu, Ms. Singer. Mr. Minton asked that staff contact officials with the City of Lakc Worth to resolve the use of the Spillway Park area for public benefit. Mr. Berger asked that staff report back to the Board within 60 days on this issue. End of Afternoon AEenda 42. Authorize amending a contract with Metcalf & Eddy, Inc., for professional sen-ices to operate the chcDÙcal treatment solids separation pilot facility (Phase 3 Mr. Nick Aumcn, Re~earch Program Director. Ecosystem Restoration Dept.. presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Carter to authorize amending a contract with Metcalf & Eddy, Inc., for professional suviccs to operate the chemical treatment solids separation pilot facility (phase 3) for nine months, for IBboratory and jar testing, for presentations to the Everglades Technical Advisory Committee, for a basis of design report for large-scale cheDÙcal treatment facIHtfes, for a final report, and for project related tasks in a not-to-exceed amount of $700,000, which is subject to Governing Board approval of the FY98 ($670,000) and FY99 ($30,000) budgets. (Contract Number C-E8601-A2). Motion approved. Abstain - Mr. Berger. Governing Board Meeting August 14, 1997 Page 16 16G 1 52. Discussion of Permit Application Fees. Ms. Terrie Bates, Director, Regulation Department, presented information on this item. A copy of the material used in her presentation is included in the official record of this meeting. Ms. Carter recommended that staff move forward with revising the permit application fees ba.<¡ed on CPI increases over the last five years, and that 50 percent of compliance costs be included in the revised fees. Mr. Minton asked that staff present a comparison of the District's permit fees with the fees used by other Districts. Mr. Graham asked for information on how the District permit fees are structured. 38. Everglades Construction Project Update Mr. Joseph A. Schweigart, Interim Director, Everglades Construction Project. presented the update. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Galen Miller, Bums & McDonnell Engineering, presented a report on the Program Oversight Team. A copy of the material used in his report is i~cluded in the official record of this meeting. 43. Everglades Construction Project Financial Update Mr. Joseph M. Moore, Director of Budget and Procurement Offices, presented the update. A copy of the material used in his presentation is included in the official record of this meeting. Board Members returned to consideration of item 39. 39. Authorize t.he transnúttal of Formal Written Protest and Petition for a Formal Adnúnistrative Hearing concerning South Florida Water Management District's Request for Bids No. C-ECP, Construction ofSTA-lW & STA-2, filed by IT COf1>Oration, to the Division of Administrative Hearings pursuant to Section 120.57(3), F.S. Ms. Mary Smallwood, Attorney representing the District. recommended that the Board authorize transmitting the case to DOAH. and. upon a recommended order by the Hearing Officer, enter into a final order that addresses the following: If the Hearing Officer and Board both enter an order giving the contract to a firm other than IT Corporation, IT Corporation will not appeal the case. If the Hearing Officer hands down an order recommending that the contract be given to IT and the Board rejects that order, IT Corporation will have appeal rights. The District and IT Corporation will use best efforts to ex.pedite the hearing. including ex.pediting transcripts at the joint expense of the parties. Mr. James Kirk. IT Corporation. agreed. ,.,.",..,,,,,""''''''''-''''- Goveming Board Meeting August 14, 1997 Page 19 16G 1 Mr. John Mitchell, National Audubon Society, said this compromise will not avoid significant delay of the restoration project. He said the Board should go forward with the ~roject by selecting another contractor. Motion by Mr, Graham to approve the recommendation as presented by Ms. Smallwood. Mr. Machek said he opposes this action. He said the Board should proceed with the emergency provision of the Everglades Forever Act. Motion approved. Aye - Mr. Pettis, Mr. Berger, Mr. Minton, Mr. Graham. Nay - Mr. Machek. Absent - Chairman WiJliamson, Mr. Hammond, Ms. Singer. BOARD COMMENT Mr. Berger commented on a proposal by staff to allow hunting on the Brown's Fann area. Mr. Michael Slayton. Deputy Executive Director. said staff is seeking Board authorization to work with the Florida Game and Fresh Water Fish Commission to allow hunting on the Brown's Farm area until the land can be used for a Stonnwat..::r Treatment Area. Motion by Ms. Carter to approve starrs recommendation. Motion approved. BUDGET OFFICE 53. Discussion and approval of FY 97 Budget Amendment Mr. Joe Moore, Director of Budget & Procurement Office, presented infonnation on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Moore said staff recommends adoption of a resolution amending the budget. Motion by Mr. Minton to adopt a resolution amending the Fiscal Year 1996-97 Budget as presented by staff. Motion approved. REPORT FROM THE EXECUTIVE DIRECTOR 54. Update on FY 98 Budget Mr. Joe Moore, Director of Budget & Procurement Office, presented infonnation on this item. A copy of the material used in his presentation is included in the official record of this meeting. 55. Water Management Highlights Mr. Poole presented infonnation on this item. A copy of the material used in his presentation is included in the official record of this meeting. 56. Governing Board Follow-up Items ,."....,-_......._-_..,"'''''.~~.. '.' i,'":"",, }~.'}.' .~ ~~;':O'. "·'f·~' Governing Board Meeting August 14, 1997 Page 20 16G 1 Mr. Poole said infoll11ation on this item was included in the back-up material presented to the Board. Golden Gates Estates Mr. Steve Walker, Attorney representing Southern Golden Gates Estates landowners. asked that the Board authorize staff to send a letter to the Trustees of the Internal Improvement Trust Fund supporting the concept of settlement involving Southern Golden Gates Estates. Motion by Mr. Graham to authorize staff to send a letter supportina the concept of settlement involving Southern Golden Gates Estates. Motion approved. 57. Update on Litigation Ms. Barbara Marlc.ham, General Counsel, presented the update. A copy of the material used in her presentation is included in the official record of this meeting. BOARD COMMENT Mr. Minton asked that agenda items include the names of parties involved in Disuict business, including those seeking pemúts from the District. He said this will allow Board Members to better determine when to abstain on a certain item. ADJOURNMENT There being no further business to come before the Board. the meeting was adjourned at 6:00 p.m. ---,------~~........_.. RECEIVED J U L 3 0 ~9 G .~ 1 ..:,;; ''. .. EoAePRQ~i6l9~? ',$ 'c~ers AIRPORT AUTHORITY MINUTES OF MAY 19, 1997 MEMBERS George W. Barron PRESENT: Michael Williams Herbert Noren Steve Price Monte Lazarus Ernest Spinelli ABSENT: Neno Spagna STAFF: 101m Drury Tom Palmer Steven P. Rocco Joan Bryant Teresa Thomas PUBLIC: None I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at I :05 p.m. and quorum was present. II. APPROVAL OF AGENDA Mr. Barron moved to approve the amended agenda as follows: Add: IV D. Airport Rules & Regulations; V. C. Appraisal for Everglades 3.62 Acres; V. D. Screen Porch Area at the Everglades G.A. Facility; V.E. Purchase of Rocking Chairs for G.A. FaciJity; V.F. Replacement and Hiring of Employee; VI. B. Fuel Budget Amendment; VII. C. Fuel Budget Amendment. Mr. Spinelli seconded the motion. Motion passed unanimously. Ill. APPROVAL OF MINUTES Mr. Spinelli move to approve the minutes of 4/14/97. Mr. Barron seconded the motion. Motion passed lmanimously. IV. ADMINISTRATIVE A. Qyartcr of Million Dollar Grant Cb"k Mr. Drury stated the grant check totaling just over a quarter of a million dollars to improve the Immoka1ee Regional Airport was the largest grant reimbursement we have received. Mr. Drury stated the check has been forwarded to the Board of County Commissioners and a few of the Commissioners have written back thanking the Airport Authority fOl.JU\ t~:~b. V MIse. Norr 11 q 'd\ Hancod Date: ' d:.) Con I tlftt 1 ne ( (\ MK 'I( 1. .¡/ 1 Item' ~. 'é?\ . Itrr1 , ':~ -"",."".~_......."'.." 1 óG 1 ß. List of Authority Accomplishments Mr. Drury statcd at the last Authority meeting Mr. Williams requested that Mr. Drury give the Authority members a list of accomplishments. Mr. Barron would like something written on the Administrative staff side (i.e., How many staff members, Business Plan, Marketing Plan). Also include the number of T-hangars for each airport and include the CAP Lease. Mr. Spinelli would like to include the organizational chart. Mr. Williams would like to see the fuel sale increases which show the profits for each year. Mr. Lazarus would like to include the Grand Opening, Staff, and strike through New GA Facility at Marco and replace with Renovations to GA Facility at Marco. Also include the Authority's nomination for "Outstanding Project of the Year Award" and the "Environmental Award". Mr. Barron questioned if the awards are on a national level. Mr. Drury stated we will compete with four other states for the Environmental Award. C. Fin Year Capital Improvement Proeram Mr. Drury stated staff has developed a five year Capital Improvement Program for the Boards consideration and comments. Mr. Willianls questioned the funding for the manufacturing incubator facility. Mr. Drury stated we received a phone call from Porter Goss stating we have been approved for a $25 I ,000 V.S.D.A. grant. Mr. Drury stated we need to get the County's match which is scheduled for FY 97-98 budgets. Mr. WiIJiams questioned if we should plan for two manufacturing incubator facilities. Mr. Drury explained he did not foresee having two facilities and the planned facility will be expandable. Mr. Lazarus questioned if the runway seal is planned for Marco and Immoka!ee airport? Mr. Drury stated runway overlay for Marco is planned for FY 2002-2003. Mr. Price stated the seal coat for Immokalee runway 09/27 was done several years ago and should be overlayed as soon as possible. Mr. Price moved to approve the Five Year Capital Improvement Program with changes. tvlr. Noren seconded the motion. Motion passed unanimously. 2 I blJ 1 D. Aimort Rules and RquIatioAl Mr. Drury stated staff has prepared a draft Rules and Regulations for the Authority's comments. Mr. Lazarus would like to table this for the next meeting to allow the Authority to review and make comments prior to the 619/97 meeting. V. EVERGLADF..8 AIRPARK A. Holidav Inn Express Hotel Mr. Drury stated the Holiday Inn Express Hotel has requested from the Army Corp of Engineer for their approval to construct the hotel which will be constructed across from the airport. B. Historical Grant for BeacoD Tower Mr. Drury found a SO/50 historical grant to rehabilitate the tower and a 80120 grant to purchase a new rotating beacon. Mr. Drury would like authorization from the Authority to pu.rsue this grant. Mr. Price moved to begin the grant process. Mr. Spinelli seconded the motion. Motion passed unanimously, C. Appraisal for Eve~ades 3.62 Acres Mr. Drury stated the appraisal of the 3.62 acres was done on a comparative sales basis at $2.00 per square foot x 3.62 per acres = $315,000 for the property. Mr. Price felt that was a little bit high and would like to review the appraisal. Mr. Lazarus moved to table this until Mr. Drury can bring the appraisal for the Authority's review at the 6/9/97 meeting. Mr. Barron seconded the motion, Motion passed unanimously. D. Screen PQrch at G.A. Faci!.itt Mr. Barron would like to see the G.A. Facility screened in for the citizens who like to fly in, sit down and visit Ule airport. Mr. Spinelli stated we would have to screen the area below also. Mr. Drury is to obtain cost estimates and bring them back to the Authority at the next meeting. Mr. Barron suggested maybe getting support from the community to help out on this project. 3 ..""'--."'" 1 6 G 1 i E. PlIrchasine Rockinsz Cbain for the Porch Mr. Barron would like three rocking chairs purchased for the porch. Possible the same rocking chairs as the Cracker Barrel. Mr. Williams feels we do not have money in the budget for this purchase and to see if Everglades City would donate rocking chairs. Mr. Noren will discuss the possibility of a donation from the City at the next Everglades Task Force meeting. F. Replacement and Hirine: of EmpJoyee Mr. Noren stated that David Blalock has been working seven days a week until his new employee begins. Mr. Noren would like the status ofthis new employee. Mr. Drury stated Marion Perry has been selected and his application has been sent to Human Resources for his background check and physical. Mr. Noren stated the taxiway project is coming along very well. VI. IMMOKALEE REGIONAL AIRPORT A. Tree Clearinsz Project Update Mr. Drury stated staff has prepared bid specs and mailed them out to various companies. The lowest bidder was Florida Environmental for $10,950.00 and the money will be transferred from capital reserves. Mr. Barron moved to award this bid to Florida Environmental in the amount of $ I 0,950.00 and trciOsfer the money from capital reserves. Mr. Price seconded the motion. Motion passed. unanimously. B. Fuel ßuded Amendment Mr. Drury stated the Authority has sold more fuel than budgeted therefore staff will go before the Board of County Commissioners within the next couple of weeks to request more money to purchase more fuel. VII. MARCO ISLAND EXECUTIVE AIRPORT A. Aircraft T~ban,ar Grant Mr. Drury stated staff has secured a $110,000 grant to construct another set of T -hangars which are schedule to be built next fiscal year beginning October I, 1997. 4 '~""""'f'-..ol'þ ........~~A4...-...-.-.___ -- . .------..-...,.-....,- 1óG"lt Mr. Spinelli moved to approve Resolution No. 97-18. Mr. Price seconded the motion. Motion passed unanimously. B. ÇiyjJ Air P~trol Extension of Time Mr. Drury received a letter from the CAP requesting an extension of time to construct the CAP bulk storage T-hangar. Mr. Price stated the CAP should be charged at fair market value for the additional land. Mr. Price was not aware of the King Air being hangared in the CAP building and questioned if they are paying the Authority hangar rentaJ fees for the King Air. Mr. Barron would like to listen to the tapes and review the transcripts. Mr. Barron feels we should table this item until the board has a chance to review the transcripts. Mr. Price stated he has no problem approving the CAP extension of time, but he can not agree to the land lease fee for the King Air. Mr. Williams questions if there is a conflict with Mr. Lazarus being on the Authority and representing the CAP. Mr. Lazarus stated he consulted with the County Attorney's Office prior to the CAP lease negotiations to make sure there was no conflict of interest. Mr. Price moved to approve the time extension and table the terms of the agreement. Mr. Spinelli seconded the motion. Motion passed unanimously. C. Fuel Bud~et Amendment Mr. Drury stated the Authority has sold more fuel than budgeted therefore staff will go before the Board of County Commissioners v.ithin the next couple of weeks to request rnme money to purchase more fuel. VIII. OLD BUSINESS - None IX. NEW BUSINESS Mr. Williams questioned the status of the Finance Manager? Mr. Drury stated Joanne Leamer was selected as the Finance Manager and will begin on June 2, 1997. Mr. Lazarus qu~stioned the status of the Localizer/DME? Mr. Rocco stated the localizer is up and running. FAA will schedule a flight test in a couple of weeks therefore until the flight test is complete and it is published the localizer can not be utilized. 5 -----..-----. · .' 1 bG 1 x. ADJOURNMENT Meeting adjourned at 2:20 p.m. , ;o. 6 ~onday, August 25, 1991 09:18:18 AM Corner County Airport Authority Page 1 of 3 ') t. 1 bG 1 t ,,,, .t;'. J COLLIER COUNTY AIRPORT AUTHORI~Y SPECIAL MEETING AGENDA DA TF.: August 28, 1997 PLACE: Community Development Center, 1800 N. Honnhoe DrIve. Conference Room G. Naples. FL TIME: 1:00 P.M. Any penon who decides to appeal a decision of this Airport Authority wiD need a l'Kord of the proceedings pertaining theMo and will need to ensure that a verbatim rKOrd of the proc~edlngs is made, which l'Kord will Indude all testimony and evidence upon which the appeal is to be based. I. Call Meeting to Order and Quorum Check IT, Approval of Agenda ill, Marco Island Parallel Taxiway IV. Busincss Plan V. Old Business VI. New Dusincss vn. Adjournment Iforr is Hancock Coutant in. ",C'It,. Itrrl c/ Misc. carre¡. Date: q .t4f? item# J ~ . 6; ./ J Î~ Copie!. To: _,".~_~.-w .. Monday. August 25. 1991 09:18:18 AM Collier Couoty Airport Authority Page 2 of 3 16G 1 AGENDA SUMMARY 8/28/97 AGENDA AGENDA ITEM Nan. MARCO ISLAND PARALLEL TAXIWAY MARCO ISLAND EXECUTIVE AIRPORT Summary - The Master Plan identities the development of a parallel taxiway and apron area at Marco Island Executive Airport (page 3-6 and 6-3 Airport Master Plan), The probability exist that a significant amount of till \\;11 be required to "surcharge" the base material of the taxiway 10 create a stable base. This process is similar to that which is being done for the widening project of 951 inlo the Marco Island community. Surcharge material is deposited along the location of the proposed taxiway to meet compaction criteria for approximately one year. After contpaction criteria is met, the top layer is removed, a stabilized base is deposited over the surcharge material and then it is paved. The cost of the surcharge material could cost from $500,000 to one million dollars depending on the amount needed. An opportunity exist to obtain "free fill" from the 951 project. Within one year FOOT \\;11 need to remove the surcharge fill from 951 and deposit somewhere. The Airport Authority may nCt.>d the fill depending upon soil conditions. A meeting was conducted at the Marco Island Executive Airport at which Authority Board members, rOOT Aviation representatives, rOOT road representatives, en\'irOlunental representatives, the Authority's engineer, and Authority stafT discussed options available. ·llH.: conclusion of the meeting resulted in 1\ n.:commendalioo to do the fi)llowing: J, Surwy fill area; 2, Conduct soil borings to delt:rmine n~d for surcharge material: 3, DetC1mining amount needed and amount available: 4, Coordinate \\'ith FOOT to obtain surcharge material for free: 5, Penn it the placement of surcharge material; 6. Clear fill: 7. Coordinate the spreading of material received, !\1an81,!ement Jù.'(.·ummt..'fKIation - Enh..>r into a contract with Dufn:!.Th:-H\.'Tlf)·, Jne, to p...>rfoml the above work, Work order shall be presented at m.xting. ....- Monday. August 25. 1991 09:18:111 Aht '. .. Page 3 of 3 lbG 1 AGENDA SUMMARY 81281'97 AGENDA AGENDA ITEM Nav. BUSINESS PLAN ADMINISTRA TIVION Summal"¥ A draft of the Business Plan will follow in next several days. ~""~-,...----_...",.,~,--,, ,~"-._""'--_. t # l.~~vdo 1 AIRPORT AUTHORITY AGENDA ~,I '1~ - 5 1997 .¡ , ,. "ers DATE: August 11,1997 PLACE: Collier County Government Center, 3301 E. Tamlaml Trail, Administration Building, 3rd Floor, Napl.., FL TIME: 1:00 P.M. ==E=az=====Z-~~M~~~~_~~_5k~~...aw..a_~_ IV .11'- Any person who decide. to appeal a decision of this Airport Authority will need a record of the proceedings portalnlng thereto and will need to ensure that a verbatim record of the proceedings Is made, which record will Include all testimony and evidence upon which the appeal Is to be baaed. I. Call Meeting to Order and Quorum Check II, Approval of Agenda III. Approval of Minutes IV. Administration a. Business Plan b. Budget Operational (Fund 495) c. Budget Capital (Fund 496) d. Reappointment of Authority Members V. EVeiglades Airpark a. National Park 501'1 Anniversary Celebration b, Access Road c. Terminal Building Porch Enclosure VI. Immokalee Regional Airport a. Airport License b. Engineering Work Order - Manufaçturing Incubator c. Engineering Work Order - Aircraft Apron Expansion d. Engineering Work Order - Seal Blast Pad Joints e. Engineering Work Order - Obstruction Removal f. Engineering Work Order - Beacon Tower g. Auction VII. Marco Island Executive Airport a, Terminal Building Update b, Mangrove Removal c. AWOS Mise. Corres: Date: VIII. Old Business Norris Hancock " ~ constantin.~ \ Mac·Ki. \1\/ ---~ 8err1 ~ {/ Item' Copies To: "^..-.-----.....,------- -------""" , ~ 1 bG t ,. 'þ IX. New Business a. Airshow b. Next Meeting Date 9/15/97 X. Adjournment , 1 óG 1 . AGENDA SUMMARY 8/11/97 AGENDA AGENDA ITEM NO. - IV. A. BUSINESS PLAN ADMINISTRA TlVION Summary - Commissioner Hancock requested an update to the Business Plan by September. Staff has developed the attached Business Plan outline and is in the process of drafting back up for each section. Management Recommendation - The Authority set up a meeting date to go over the Business Plan. , AGENDA SUMMARY 8/11/97 AGENDA 16G 1 AGENDA ITEM NO. - IV. B. BUDGET OPERATIONAL (FUND 495) ADMINISTRATION Summary - In order to meet the Board of County Commissioners request to reduce our break even need by $147,000, staff presented a revised budget which reduced costs and increased revenues (see attached summary of budget cuts). This revised budget calls for the following fee and rental increases: Fuel Price Per Gallon From To Monthly Hangar Rental .Er2m To Everglades $1.85 Immokalee $1.69 Marco $2.15 $1.87 $1.78 $2.30 $105 $105 $175 $120 $120 $200 Attached is a fuel price survey and hangar rental survey from area airports. Management Recommenda.ll2.n! - That the Authority approve the recommended budget cuts and approve the new fuel and hangar fee and rental structure to become effective October 1, 1997. , 16G 1 I I I I ! AGENDA SUMMARY 8/11/97 AGENDA AGENDA ITEM NO. - IV. C. BUDGET CAPITAL (FUND 496) ADMINISTRATIVE ~marv - The following projects were submitted to the Board of County Commissioners for funding consideration during the FY 97-98 budget development process. Only the revenue producing projects were approved. The budget has been amended to reflect said revenue producing projects. County Match Total Project Revenue Prod. Projects Airoort Amount fm.m ~ Manufacturing Incubator Immokalee $249,000 $251,000 $500,000 T-hangars Marco Island $168,000 $120,000 $288,000 T-hangars Immokalee $165,000 $145,000 $310,000 Auto Weather Station Immokalee $29,000 $56,000 $85,000 Tenninal Grass Tiedown Everglades $4.000 $16.000 $20.000 $615,000 $588,000 $120,300 County Match Total Project Safety Proiects Airport Amount ~ Cost Obstruc,1.Îon Removal Marco Island $50,000 $200,000 $250,000 Obstruction Removal Immokalee $30,000 $120,000 $150,000 Scrub Jay Immokalee $20,000 $80,000 $100,000 Mangrove Cutting Everglades $16,000 $64,000 $80,000 North Aircraft Turnout Everglades $8.400 $33.600 $42.000 $124,000 $497,600 $622,000 Stormwater Drainage County Match T oml Project Improvemgnt Projects Airport Amount 2mnt çm Stormwater Management Marco Island $5,000 $0 $5,000 Storrnwater Management Immokalee $4,000 $0 . $4,000 Stonnwater Management Everglades $3.000 tQ $3.000 $124,000 $497,600 $622,000 ~----- County Match Total Project Envlronmontal Projects Airport Amount Grant ~ Remove Contaminated Soil Marco Island $20.000 $88.000 5110.000 Total Request $773,400 $1,173,600 $1,947,000 Note: At the budget hearings Commissioner Hancock requested an analysis within thirty days of the return on investment that revenue producing projects would have before he could support them. Staff provided same (see attached) to Commissioner Hancock and Mr. Hancock was satisfied with the retum on investment range. Mr. Hancock advised that he expects the Business Plan update by September. Management Recommendationl - That the Authority approve the revised Capital Budget for FY 97-98. '.~ ·~I ----~~~.~-- -..--- 16G 1 AGENDA SUMMARY 8/11197 AGENDA . . ~ AGENDA ITEM NO. -IV. D. REAPPOINTMENT OF AUTHORITY MEMBERS ADMINISTRA T10N " Summary - For your information the following individuals are under consideration by the Board of County Commissioners for reappointement and appointment to the Authority Board: , Stephen L. Price Highway 29, South Immokalee, FL 34142 Ernest Spinelli 106 Tuscana Court #703 Naples, FL 34119 Richard W. Anderson P.O. Box 337 Immokalee, FL 34143 Monte Lazarus 985 Birch Court Marco Island, FL 34145 16G 1 AGENDA SUMMARY 8/11/97 AGENDA RESOLUTION NO. 97-27 AGEt~DA ITEM NO. - V. A. NATIONAL PARK SOTM ANNIVERSARY CELEBRATION EVERGLADES AIRPARK Summary - Pursuant to the attached letter the National Park is requesting the use of the airport on December 6, 1997 to perform a re-enactment of the National Park Dedication. The President of the United States and Governor have been invited. The following persons were in attendants for the original dedication on December 6, 1997 at the Everglades Airpark: I I .1 President Harry Truman Senator Claude Pepper Mrs. Barron Collier, Senior Admiral Pahey Senator R. Spessard Holland J.D. Penne Kamp Management Rocommendation· That the Authority Chairman draft a letter back to the National Park approving the U~ of the Airpark for the event and approve a resolution supporting the event. Resolution No. 91-27 authorizes the Chairman to prepare a draft letter back to the National Park approving the use of the Airpark for the event and supporting the avant. 16G 1 RESOLUTION NO. 97-27 RESOLUTION TO RECOGNIZE AND ASSIST THE SOrn ANNIVERSARY OF EVERGLADES NATIONAL PARK COMMITIEE Whereas, The Collier County Airport Authority, understands the cooperation needed for this event and the activities surrounding the 50111 Anniversary of Everglades National Parle NOW, THEREFORE, IT IS HEREBY RESOLVED BY mE COLLIER COUNTY AIRPORT AUTHORITY THAT: the Chairman hereby on behalf of the Authority, supports the SOd! Anniversary of Everglades National Park. and its Committee. PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County Airport Authority this _ day of . 1997. DATED: A 1TEST: COLLIER COUNTY AIRPORT AUTIIORITY COLLIER COUNTY, FLORIDA John H. Drury. Executive Director Neno J. Spagna, Chairman Witness 16G 1 AGENDA SUMMARY 8/11197 AGENDA AGENDA ITEM NO. - V. B. ACCESS ROAD EVERGLADES AIRPARK Summary - The attached "Everglades Airpark Access Road Use Agreement" was developed by the County Attomeys Office and forwarded to the abutting property owner. The attached letter dated June 23, 1997 was received from the abutting property owner in response to the agreement. Managemont Recommendation - That the Authority instruct staff to develop an Access Road Agreement which in effect: 1) Offers access over the road in exchange for property owner paying for half the cost of maintaining the road and; 2) Offers a utility easement in exchange for an Avigation Easement. ..__,,~___<t --_.~~".-..''''''''...,-,. ........ 16G 1 AGENDA SUMMARY~,¡ 8/11197 AGENDA AGENDA ITEM NO. - v. C. TERMINAL BUILDING PORCH ENCLOSURE EVERGLADES AIRPARK ." ~ , Summary - Staff was Instructed to Investigate the possibility of screening the top front section of the Terminal Building at Everglades. Staff has received two written quotes for enclosing the front portion of the Terminal Building. .:.I I Collier Screen and Aluminum Freedom Screening Corp. Aluminum Specialties Marco Beach Aluminum $6,730.00 $3,740.00 unresponsive unresponsive ,,; Even though it is feasible to accomplish this modification screening the upper deck will limit visibility from within the terminal building of the airside operations. In addition the architectural design will be compromised with a screened in porch. Mosquitoes do not normally travel to a second story to feed, their habitat is located near grassy areas, ponds, and other low areas. Mosquitoes that are brought up to a second floor are usually on a person or animal and thus would be brought into a screened area. The porch is used most during the "busy" season or winter months. Generally mosquitoes are less present at that time. Managemont Recommendation Not to commence in screening this area. Investigate other mosquito control methods. 16G 1 AGENDA SUMMARY 8/11/97 AGENDA AGENDA ITEM NO. - VI. A. AIRPORT LICENSE IMMOKALEE REGIONAL AIRPORT Summary - Per the attached License issued on July 2, 1997 no more restrictions on night time or IFR use exist at the airport. Trees were removed in the approaches to Runway 18 & 27. The approaches were surveyed and certified as meeting FAR PART 7720:1 clear approaches. Runway lights have been turned back on and the Notam canceled. .._----_. ~_.,,- 16G 1 AGENDA SUMMARY 8111197 AGENDA RESOLUTION NO. 97·28 AGENDA ITEM NO. - VI. B. ENGINEERING WORK ORDER· MANUFACTURING INCUBATOR IMMOKALEE REGIONAL AIRPORT '1>", Summary - Staff has negotiated a work order In the amount of $69,990 with Dufresne- Henry, Inc. for professional engineering services for designing, engineering, pennitting, bidding, administering and inspecting the Manufacturing Incubator Facility at Immokalee Regional Airport. The Authority has secured a $251,000 grant from USDA and the Board of County Commissioners has approved a $249,000 grant match to construct same. USDA has approved the work order with Dufresne-Henry, Inc. Lease negotiations are being finalized with Global Technologies, Inc. for the leasing of the facility. It is anticipated that design and engineering of the facility would commence in October and the facility would be completed in July 1998. . . '. ," : Management Recommendation - Approve a work order with Dufresne-Henry, Inc. In the amount of $69,990 to design and engineer the Manufacturing Incubator Facility. Resolution No. 97-28 authorizes the Chalnnan to executa a work order in the amount of $69,990.00 with Dufreane-Henry Inc. to design and engineer the Manufacturing Incubator Facility. 16G 1 RESOLUTION NO. 21:11 RESOLUTION AurBORIZING THE CHAIRMAN TO EXECUTE A WORK ORDER IN THE AMOUNT OF S69.99O.oo WITH DUFRESNE- HENRY, INC. TO DESIGN AND ENGINEER THE MANUFACl'URING INCUBATOR FACILITY. WHEREAS, A scope of work has been negotiated with Dufresne-Henry, Inc. in the amount of $69,990.00; and WHEREAS, Said scope of work covers the design and engineering ofthe Manufacturing Incubator Facility. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT A UTHORITY THAT: the Chainnan is hereby authorized. on behalf of the Authority, to execute said work order. PASSED AND DULY ADOPTED by affinnative majority vote of the Collier County Airport Authority this __ day of .1997. DATED: A TrEST: COLLIER COUN1Y AIRPORT AUrnORITY COLLIER COUNTY, FLORIDA John H. Drury, Executive Director Neno J. Spagna, Chainnan Witness 16G 1 AGENDA SUMMARY 8/11/97 AGENDA RESOLUTION NO. 97-22 AGENDA ITEM NO. - VI. C. ENGINEERING WORK ORDER - AIRCRAFT APRON EXPANSION IMMOKALEE REGIONAL AIRPORT Summary: Staff has negotiated a work order in the amount of $22,286.80 with Dufresne-Henry, Inc. for professional engineering services for designing, pennitting, bidding, administering and inspecting th~ aircraft apron expansion project at the Immokalee Regional Airport. A copy of the scope of work is attached. The total cstimated cost of the aircraft apron expansion project is $ 1 00,000 of which 80010 or $80,000 will be funded by an airport grant from the Florida Department of Transportation and 20% or $20,000 will be funded by the Authority. The Authority's contribution of $20,000 has been budgeted in fiscal year 1997. M"naeement Recomm~ndation; Approve Resolution No. 97-22 which authorizes the Chairman to execute a work order in the amount of $22,286.80 with Dufresne-Henry, Inc. for professional engineering services for designing, permitting, bidding, administering and inspecting the aircrn.ft apron expansion project at the Immokalee Regional Airport. Resolution No. 97-22 authorizes the Chairman to executa a work order In the amount of $22,286.80 wIth Dufresne-Henry, Inc. to dav.lop the aircraft apron expansion at the Immokalee Regional AIrport. ~._-.,-,~..,-_. I6G 1 RESOLUTION NO. 21:n RESOLUTION AUTHORIZING THE CHAIRMAN TO EXECUTE A WORK ORDER IN THE AMOUNT OF $22,286.80 WITH DUFRESNE- HENRY, INC. TO DEVELOP THE AIRCRAIT APRON EXPANSION. WHEREAS, A scope of work has been negotiated with Dufresne-Henry, Inc. in the amount of $22,286.80; and WHEREAS, Said scope of work covers the development of the aircraft apron expansion. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT AUTHORITY THAT: the Chainnan is hereby authorized, on behalf of the Authority, to execute said work order. PASSED AND DULY ADOPTED by affinnative majority vote of the Collier County Airport Authority this day of .1997. DA TED: A 1TEST: COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNTY, FLORIDA John H. Drury. Executive Director Neno J. Spagna, Chainnan Witness --~-_.~-'''" --_.- -~,_._"'_.,"'..._----^'"'."' '."'"~'" 1 6 G 1 t AGENDA SUMMARY 8/11/97 RESOLUTION NO. 97-23 AGENDA ITEM NO. - VI. D. ENGINEERING WORK ORDER - SEAL BLAST PAD JOINTS IMMOKALEE REGIONAL AIRPORT Summary: Staff has negotiated a work order in the amount of $5,178.70 with Dufresne-Henry, Inc. for professional engineering services for designing, pennitting, bidding, administering and inspecting the blast pad joint sealing project at the ImmokaJee Regional Airport. A copy of the scope of work is attached. The total estimated cost of the blast pad joint sealing project is $20,000 of which 80010 or $16,0000 will be funded by an airport grant from the Florida Department of Transportation and 20% or $4,000 will be funded by the Authority. The Authority's contribution of $4,000 has been budgeted in fiscal year 1997. Mana~emeot Recommendation: Approve Resolution No. 97-23 which authorizes the Chainnan to execute a work order in the amount of$5,178.70 with Dufresne-Henry, Inc. for professional engineering services for designing, pennitting, bidding, administering and inspecting the blast pad joint sealing project at the ImrnokaJee Regional Airport. Resolution No. 97-23 authorizes the Chalnnan to oxecute a work order in the amount of $5,178.70 with Dufresne-Henry, Inc. to develop the blast pad Joint sealing at the Immokalee Regional Airport. I ".~.........,---,.,-_.,-~_.-,.~_.,,_.~." --~_..,,- ,-"--,._...,--.,,. 16G 1 RESOLUTION NO. 97.1~ RESOLUTION AUfHORIZING TIlE CHAIRMAN TO EXECUTE A WORK ORDER IN THE AMOUNT OF $5,178.70 WITH DUFRESNE- HENRY, INC. TO DEVELOP THE BLAST PAD JOINT SEALING. WHEREAS, A scope of work has been negotiated with Dufresne-Henry, Inc. in the amount of $5,178.70; and WHEREAS, Said scope of work covers the development of the blast pad joint sealing. NOW, THEREFORE, IT IS HEREDY RESOLVED BY THE COLLIER COUNTY AIRPORT AUTHORITY THAT: the Chainnan is hereby authorized, on behalf of the Authority, to execute said work order. PASSED AND DULY ADOPTED by affinn ative majority vote of the Collier County Airport Authority this day of ,1997. DATED: A 1TEST: COLLIER COUN1Y AIRPORT AUTIlORJ1Y COLLIER COUNTY. FLORIDA John H. Drury, Executive Director Neno J. Spagna. Chainnan Witness ..~--~.. ~-"-'---~"""~~-~'~-"-'~-'--""" I 6G 1 AGENDA SUMMARY 8/11/97 RESOLUTION NO. 97-24 AGENDA ITEM NO. - VI. E. ENGINEERING WORK ORDER - OBSTRUCTION REMOVAL IMMOKALEE REGIONAL AIRPORT Summary: Staff has negotiated a work order in the amount of $23,487.88 with Dufresne-Henry, Inc. for professional engineering services to design and permit the obstruction removal project at the Immokalee Regional Airport. A copy of the scope of work is attached. The total estimated cost of the obstruction removal project is $150,000 of which 800.10 or $120,000 will be funded by an airport grant from the Florida Department of Transportation and 20% or $30,000 will be funded by the Authority. Of the $30,000 being contributed towards this project by the Authority, $4,000 has been budgeted in fiscal year 1997. The remaining $26,000 will be obligated in fiscal year 1998. Manaeement Recommendation: Approve Resolution No. 97-24 which authorizes the Chairman to execute a work order in the amount of$23,487.88 with Dufresne-Henry, Inc. for professional engineering services to design and permit the obstruction removal project at the Immokalee Regional Airport. Re50lution No. 97-24 authorizes the Chairman to execute a work order In the amount of $23,487.88 with Dufresne-Henry, Inc. to develop the obstruction removal at the Immokalee Regional Airport. 16G 1 RESOLUTION NO. 97-24 RESOLUTION AUTHORIZING THE CHAIRMAN TO EXECUTE A WORK ORDER IN THE AMOUNT OF $23,487.88 WITH DUFRESNE- HENRY, INC. TO DEVELOP THE OBSTRUCTION REMOVAL. WHEREAS, A scope of work has been negotiated with Dufresne-Henry, Inc. in the amount of $23,487.88; and WHEREAS, Said scope of work covers the development of the obstruction removal. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT AUTHORITY THAT: the Chainnan is hereby authorized, on behalf of the Authority, to execute said work order. PASSED AND DULY ADOPTED by affinnative majority vote of the Collier County Airport Authority this _ day of ,1997. DA TED: ArrEST: COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNTY, FLORIDA John H, Drury, Executive Director Neno J. Spagna., Chainnan Witness · ' 16G 1 AGENDA SUMMARY 8/11/97 RESOLUTION NO. 97-25 AGENDA ITEM NO. - VI. F. ENGINEERING WORK ORDER - BEACON TOWER IMMOKALEE REGIONAL AIRPORT Summ...!.Q'.;, Staff has negotiated a work order in the amount of $6,490.90 with Dufresne-Henry, Inc. for professional engineering services for designing, pennitting, bidding, administering and inspecting the beacon tower project at the Immokalee Regional Airport. A copy of the scope of work is attached. The total estimated cost of the beacon tower project is $30,000 of which 8oo/o or $24,000 will be funded by an airport grant from the Florida Department of Transportation and 2oo/o or $6,000 will be funded by the Authority. The Authority's contribution of $6,000 has been budgeted in fiscal year 1997. Management Recommend.tion: Approve Resolution No. 97-25 which authorizes the Chairman to execute a work order in the amount of $6,490.90 with Dufresne-Henry, Inc. for professional engineering services for designing, pennitting, bidding, administering and inspecting the beacon tower project at the Immokalee Regional Airport Resolution No. 97-25 authorizes the Chairman to execute a work oll'der in the amount of $6,490.90 with Dufre8ne-Hønry, Inc. to develop the beacon tower at thft Immokalee Regional Airport. · ' 16G 1 RESOLUTION NO. ~ RESOLUTION AUTIlORlZING THE CHAIRMAN TO EXECUTE A WORK ORDER IN THE AMOUNT OF $6.A90.90 WI11I DUFREsNE- HENRY, INC. TO DEVEWP THE BEACON TOWER. WHEREAS, A scope of work has been negotiated with Dufresne-Henry. Inc. in the amount of $6,490.90; and WHEREAS, Said scope of work covers the development of the beacon tower. NOW. THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNlY said work order. AIRPORT AUTHOIUT\' mAT: the Chainnan is hereby authorized. on behalf of the Authority. to execute Airport Authority this PASSED AND DULY ADOPTED by affinnative majority vote of the Collier County day of . 1997. DA TED: A1TEST: COLLIER COUN1Y AIRPORT AurnORJTY COLLIER COUNTY. FLORIDA John H. Dru/y, Executive Director Neno J. Spagna., Chainnan Witness -..------.--- "~~-_.~_... ...... __,,,_","~______'__"'",'_'_""~''''U~ · I . 1 6 G 1 4f AGENDA SUMMARY 8/11/97 AGENDA AGENDA ITEM NO. - VI. G. AUCTION IMMOKALEE REGIONAL AIRPORT Summary - Staff has been contacted by representatives of Demott Auction Company requesting to lease airport land for the period of 9/1/97 - 10/9/97 for the purpose of conducting a public auction of agricultural equipment and machinery. Managoment Roc:ommendatlon - That the Authority authorize staff to enter into the lease with Demott Auction Company under the same terms and conditions as last year which is $50.00 per day for the forty day period or $2,000.00 which ever is greater, a $750.00 deposit, and adequate Insurance. · -".---..-' Ilìll5lr"1]Î---~--·"· - --- -. T-~~ I '. . 1 6 G 1 ~ AGENDA SUMMARY 8111/97 AGENDA AGENDA ITEM NO. - VII. A. TERMINAL BUILDING UPDATE MARCO ISLAND EXECUTIVE AIRPORT Summary - The terminal building project is progressing well and on schedule. It should be completed and ready for occupancy in November. ... ... ."___.".._..___"d_","",,,.""'""_'_"~__··--'"''·''''-~''' · . .II I 6 G 1 1 AGENDA SUMMARY 8/11/97 RESOLUTION NO. 97-26 AGENDA ITEM NO. - VII. B. ENGINEERING WORK ORDER - MANGROVE CLEARING MARCO ISLAND EXECUTIVE AIRPORT Summary - Staff has negotiated an amendment to the original work order for the mangrove clearing project at the Marco Island Executive Airport. The amendment is to provide additional services in association with wildlife coordination and construction services. The amendment will increase the original work order by $29,890.00 to $212,035.00. A copy of the scope of work is attached. The total estimated cost of the mangrove clearing project is $600,000.00 of which 90% or $540,000 will be funded by an airport grant from the Florida Department of Transportation and 20% or $60,000 will be funded by the Authority. The Authority's contribution of $60,000 was budgeted in prior fiscal years. Manaeement Recommendation: - Approve Rcsolution No. 97-26 which authorizes the Chairman to execute an anlendment, in the amount of $29,890.00, to the original work order for the mangrove clearing projt-'Ct at the Marco Island Executive Airport. Resolution No. 97-26 authorizes the Chairman to execute a work order In the amount of $29,890.00 with Dufresne-Henry, Inc. to develop the mangrove clearing project at the Marco Island Executive Airport. .. ,I . 16G 1 RESOLUTION NO. 97-16 RESOLUTION AUTHORIZING THE CHAIRMAN TO EXECUTE A WORK ORDER IN THE AMOUNT OF $19,890.00 WITH DUFRESNE- HENRY, INC. TO DEVELOP THE MANGROVE CLEARING PROJEcr. WHEREAS, A scope of work has been negotiated with Dufrcsne-Henry, Inc. in the amount of $29,890.90; and WHEREAS, Said scope of work covers the development ofthc mangrove clearing project. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT AUTHORITY THAT: the Chainnan is hereby authorized, on behalf of the Authority, to execute said work order, PASSED AND DULY ADOPTED by affinnative majority vote of the Collier County Airport Authority this day of .1997. DA TED: A TrEST: COLLIER COUN1Y AIRPORT AUTHORI1Y COLLIER COUN1Y, FLORIDA John H. Dn.Jry, Executive Director Neno J. Spagna. Chainnan Witness ._---.-.,_.~.~ ~---_.- 16G 1 · AGENDA SUMMARY 8/11/97 AGENDA AGENDA ITEM NO. - VII. C. AWOS STATUS UPDATE MARCO ISLAND EXECUTIVE AIRPORT Summary - Staff has been in weekly contact with the FAA Regional office in Atlanta and has been on numerous conference calls to the headquarters in Washington DC. Staff has been lobbying hard to persuade the FAA to re-activate the Automated Weather Observation System(AWOS) located on-site. Staff has advised FAA that the Collier County Airport Authority has been investing its resources in making the airport a safer facility by installing a Localizer/DME instrument approach, clearing obstructions to runway safety areas, etc. Staff has advised FAA that we are committed to providing the most modem equipment available and making this facility a safe place to land, bringing the AWOS back to service will enhance safety and piOvide pilots with the most recent information while flying the new instrument approach, An FAA engineer from Atlanta was recently at Marco for an on-site inspection and to coordinate with a local contractor for installation of the new antennae. The necessary equipment needed to complete this project was also recently delivered. This has been a long process, staff now feels confident that this project is well on its way to being completed. ~'anagement Recommendation - No action is required by the Board at this time. This is for infoi111ational purposes only. . . 1fIi;._._.._ _..........~.._.........-...._ .............ro...._·_......._. ...--... --_._._-~ -_.. · I I . 16G 1 AGENDA SUMMARY 8/11/97 AGENDA AGENDA ITEM NO. - IX. A. REQUEST TO CONDUCT AN AIRSHOW AT IMMOKALEE REGIONAL AIRPORT NEW BUSINESS Summary - Staff has been contacted by Mr. John Norman requesting authorization to conduct an airshow at Immokalee Regional Airport to be scheduled for July 4111 and 5111 of 1998. Mr. Norman would like to move forward with organizing the show and securing peñormers as soon as possible in order to maintain the Jury 4" - 5111 timeframe for the show. He is present to address the authority on this matter and answer any questions. Wednes4I1)'. Sc,*~( 11, tSS111:G:15 CeIIcr C...,,.,.. .....iiy P.ge 1 of 1 COmm. rec'd Copy ... 1 ~~. rc'jl COpy .. COLLIER C~TY AIRPORT AUfHORITY AGE~'DA ~,. -\ ': / DATE: September 15. 1997 PLACE: Community Development Center, 1800 N. Horseshoe DrIve, Conrennc:e Room E, Napl~ FL TIME: 1:00 P.M. .' 'I Any person who decides to appeal a decision or this Airport Aatbortty 1!'tI1 need a recont or tbe proceedings pertaining thereto and will need to ensure tbat . verbatim record or the proceedings Is mllde, which record 1t111 Include aD testimony and n1dence upon whkh tM appeai Is to be based. L DlI Mcc:ting to Order and Quorum Check n. ~alof~ m. Approval of Minutes IV, Admin.i.strativc .t. Ejection of Offiem b. FOOT Annual Inspections c. Bu,incu Plan V. Evcrg1adC3 Airpark a. Update on SO· AMivcrsary H lnunolcalee Regional Airport a, FJite Car~ b. Execution ofDocumenls for USDA Grant VIL Marco [¡¡land Executive Airport a. CAP Lcuc b. Grant - Removc Cont.unin.atcd So¡h e. Loc:.tlizertDME VIII. Old Business IX:. New Business a. COfL1Ultant Bids· Michacl Williams x. Misc. Corres: Da~e:~ I -.Gz. Item# 19 Adjournment Copies To: ~'"~..''',''"' "" .,.., :~,~:\:":::,¡}!,,/,;.:,,.,~",,::'''\,:~.'. :.... ':",'>'",,:, ,';:<, ~ COLLIER COUNTY GOVERNMENT , ' " t,"f~ 1 g 1S~7 6 G 1 COMMUNITY DEVELOPMENT SERVICES DrVISION 2800 NORTH HORSESHOE DRIVE NAPLES. FL 33942 (941) 643-8400 A CERTIfiED BLl'E CHIP CO~I~rUNI1i' August 15, 1997 Mr. Michael Zimny Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier County Preservation Board Meeting Dear ?vir. Zimny: This lener is to inform you that the Collier County Historic and Archaeological Preservation Board held their public hearing on Friday, August 8, 1997. I have enclosed a copy of the minutes for your review and records. If you have any questions or concerns regarding this meeting, please do not hesitate to contact me at my new nu...-nber: 941-403-2469. Very trulß)L ~llOWS Principal Planner (CLG Coordinator) Historic Prcserva[jonIR VB/rb cc: Vincent A. Cautero .a~~ Ron Jamro Robert Mulhere Nancy Siemion Preservation Board ....----,~...,... _ ''I'; .........v~~_'t.- .... ...(!...~...~.""~,...... ........ ...... '-... . '+.--___~ -or ----.... -.'----. 16G 1 , . MINUTfS ~. l r d COLLlfR COUNTY ~ISTORICAL &.. ARCI--JAf::OLOGICAL PRf::Sf::RV A TION BOARD ('! 'c ~ _I 1,1 I...... J t ': I Meefing of Augurl 8, IQQ7 8ut~~ P....,e"L Di,,"e (;o.""let, Cha;""',," Thom", ¡::""""hi"o .JoI,n Tl.omp,o" ' L"VT'<2 Rupp 8vr!,. D"viJ D,.;"p,,, L""" .Je"n Young, Vic.,Chai.,.",,,n St..Ff: R..~ 8.110... N..",,~ Siemion Ab"",l: D.bo,..,h .Jone, Co>< 0tJ-.: M~ GJl..n R",J Ch"õ",,,,",oo Q;"n. G,.,ntøJ", c"IU il.. ~,~ fk,.,.J m..r";ng io arJ..,. øi 9:00 A,M, ADDff\JDA TO AGGNDA A f"'3I., R.b'''''i 8. Covnh Monø'3e-', L.H.... APPRO\lI-\L Of: MINUTGS: The P....,,,,..,,,,tõon 8","", ·""t.J unønõmov"~ (6-0) to "PF"'Ove i~ Ju'~ 'ð, 19Q7 m;n<Æ." 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C....... _....'" ,h. '~"""'_ of 0 ".,,, f..,,:, b.,y,,,, ~ M.~o 1.".1 ,~.I '.,.d..J. -",^, ..,J",,.r.,<ol.... TI. ""....... ~,.~J b, I~ ,....,... pi"""",, to ~"v. " c.-..t;F;.J c:rT'C~"eologi,t """,ent to m",,;~ "II .vb-,v.o["Cø con,h"d;on. T~i, Iou.... contond, that tho. '10,."1- -, ..", ._J ~- 10 ,~ 0 _b,...~.1 0...1.... '0 ¡J. _J "10 ,I.... A. 0 ~,.II ~ -"'..r.,'rt _. """'e"t J""i"9 tho J;99i"9 of t~e FounJ"tion ..~ic~ "ppe"", to I...ve c"v,.J 'omo JerlT'VCti"" of """~"eol"9;c,,1 m"t.,.;,,/, e CM'. M,..,,,:, I ,II", D_~ c;....ol.. ,.,...¡"" ¡J. In.... 1I..t ,1. -0.../ f..., ¡J. C~"" Mo..... d.l_ 'O"t in """pon,o to the 8"""j', "cliv;tie, leu.,. to ~j"" The BomJ ..", p~"'eJ thot I.. too~ the time to ,e"J .vc~.. nice leU..., NI;XT MI;I;TING: Septom!- 17 IQQ7 <It 9:00 A.M, <It t~ Coli;... Covnt~ Mvte"m, '-1",,,,",< P....."',,¡;"'/M;^o¡../RVa;,., -......... ---,,-,,_.- ...._,..,._..._~.._,......_,-"~,......-----.~ 16G 1 . .~~~ NATURAL RESOURCES MANAGEMENT 735 EIGHTH STREET SOUTH NAPLES, FLORIDA 34102 941-434-4655 FAX 941-434-3059 SUNCOM 974-4655 HOTICE OJ' PUBLIC HE~ Cc ,'~(, J ~I! 3 1 1597 The Beach RenouriShment/Maintenance Committee announces a public meeting to which all interested persons are invited. DATE: TIME: PLACE: Thursday 07 August 1997 9:00 A.M. City Council Chambers, 735 Eighth Street South, Naples, Florida 34102 AGEND1\ 1. Roll Call. 2. Consideration of approval of the minutes of the 26 June committee meeting. 3. Project updates: Water Turkey Bay dredging, sand search, Hideaway Beach T-groins, dune repair/revegetation, upland sand stockpiling, and records archiving. 4. TDC guidelines changes. 5. Report on Collier County Planning Commission meeting reference pier construction in Caxambas Pass. 6. Date and agenda for next meeting, proposed for Thursday 04 September 1997. 7. Adjourn. FO~AAL ACTION MAr II!: TAI:EII ON MY ntH DISCUSSED OR ADDED to THIS AGENDA. MT PE!lSON infO DECIDES to APPEAr. AlII DECISION MACE III nus COtounu WInl RESPECT TO My KAnER CONSIDtJI.!D AT THIS MEETING .ILL IIE£D A RECORD OF THE PROCEEDINGS MD KAY HEED to EHSlIRt THAT A VERBATIM RECORD IS KADE, InfICH RECORD INCLUDES TNE Tt3TIHONT AlID EVIDENCE UPON IIIIICH THE APPt.AI. IS TO lit IIE..t.1\D. AJlT PEASON .ITH A DISUILITY REOUIIIING AUXILI-'Rr AIDS AxD SERVICES fOR THIS MEETING KAY CALL THE CITY CLERK'S OFFICE AT 434-47.01 .ITH REQUESTS AT LEAST TWO IUSINESS DAYS IEFORE THE HEETING DATE. For additional information, please contact Jon Staiger at 434- 4655. Mise. Corres: C; . Stalger, Natural Resources Manager Date: q-') 3 -q7 .t.\b..chco.\bch.o Item" I&.rq. 1// ~ Copies To: City Council Chamber 735 Eighth Street South Naples, Florida 34102 BcadI Rea··.u.....tIMoõ_ ~ Re¡a¡.. Meed.,_ .... 26. 1997 _ 9:GO ..... e meeting to or er an presl e = ROLL CALL P~sent: Richard Lydon, Chainnan David Ashbaugh Frank Blanchard James Brennan Alexandra Gunderson Hubert Howard Charles Huttinger Bonnie MacKenzie Charles Metz Fred L. SuJ1ivan (Arrived at 9:01 a.m.) ì...fichael Williams lTEM 1 Also Present: Harry Huber, Collier County Capital Projects Manager/fechnical Advisor Dr. Michael Stephen, Coastal Engineering Consultants, Inc. Virginia A. Neet, Deputy City Clerk Maura Kraus, Collier County Natural Resources Department Michael Potr, Coastal Engineering Consultants, Inc. Kenneth Abernathy Other interested citizens and visitors ....,""';,.,¡""---- i 6 G 1 Beach RenourishmentIMainœnancf Committee Re¡uJar Meetin¡ _ .lme 26, 1997 ] 6 G 1 It IS noted for the rec:o ANNOUNCEMENTS (9:01 a.m.) ....,..,..,......,........,""",..,..,.. Member Blaneh",d eommented on upcoming Collier County Planning Commission consideration of a Proposed condominium development on M",co Island which would include a boat dock extending into the t"'get area of Caxambas Pass. He stated thaf he would attend the Iuly 17tl1 Planning Commission Meeting to voice his objection to this dock and Chairman Lydon requested an update at the August 7th Committee Meeting. At tl¡is time, Chairman Lydon also welcomed new Committee Member David Ashbaugh. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. fI'E¡\1 2 CONSIDERATION OF APPROVAL OF TIlE MINUTES OF TIlE OS JUNE 1997 C°MMrrrEE MEETING. MOTION by Sullivan to APPROVE THE JUNE 5. 1997 MEE77NG MlNUTE~.' seconded by Brennan and IlN1nimous/y cœri~d, all memho:s prese1U and voting. (AshbaJIgh-yes, Blanclurrd-yt!S, Brennan-yes, Gundafo,..yes, Howard-yes, HuJtinger-yes, MacKenÛe-yes, ft1dt.-yl!S, Sullivan-yes, Williams-yes, Lydon-yes) Ai1er the vote, Member How",d referred to Attachment 1 of the Iune Sth minutes and questioned who would select the Beach Committee data to be archived. Dr. Michael Sfephen of Coastal Engineering ConSultanls, Inc., explained that a screening committee could be established for this purpose along \vith a procedure for ongoing data management. He also stared that a letter would be mailed to residenls and organizations, active in beaeh- and waterway-related activities, in order to verilÿ ownership and location of relevant information. In this regard, Chairman Lydon suggested contacting Evelyn Lawmaster regarding documentation for Wiggins Pass. Chainnan Lydon then recognized Maura Kraus of the Collier County Nafura! Resources Departn,ent, noting a recent Coliier County Board of Commissioners' decision to maintain the present Sea Turtle Monitoring Program (as discussed by the Committee on June 5th). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " rrEl\r 3 PROJECf UPDATES: WATER WRKEY BAY DREDGING, SAND SEARCH,HIDEAWAY BEACH T-GROINS, DUNE REl'AIRiREvEGETATlON, UPLAND SAND STOCKPILING CONTRA cr. Water Turkey Bay Dred2in2: Collier County Capital Projects ManagerlTechnica! Advisor Harry Huber reported on his meeting with Flamingo Avenue residenls regarding use of the Collier County-oWned Bluebill Avenue site for disposal of dredge material. Based upon this meeting, Ihe plan is to proceed with the Bluebill A yen ue disposal site; however, Mr. Huber noted thaf appro,omately one-third of the Iota! dredge matcd,1 would be trucked off sife. Although the final USe for the property is uncertain,landscape enhancemenls will be made upon completion of the project to provide Some buffer for property owners to the south, Mr. Huber then reviewed status of the bid documents noting the anticipated 2 ----- 16 G 1 Beach RenourishmentIMaintenance Committee ReguJar Meetinz _ .ime 26, 1997 NovembeelDccembee complerion date. He pointed ou~ however, that some of the oecessory permits were still pending. In response to the Committee, Mr. Huber then provided addirional informarion regarding the estimated complerion date and explained that the trucked dredge material would be used fnr Collier County road projects. Chairman Lydon urged complerion of the dredging portion of the project no later than mid-October in order not to interfeee with commercial fishing operarions Member Me" also commented On potenrial problems in getting the dredge equipment to Water Turkey Bay given current shallow conditions in Wiggins Pass. Sand Se2rth: Mr. Huber noted that one of the Tourist Development Council funding applicarions, set for Committee considerarion later in this meering, pertained to idenrificarion of a new oITsbore S1nd Source for future beach maintenance needs, Upon approval of the IDC application, an amendment to the professional services agreement with Coastal Engineering Consultants, Inc., would be submitted for County Commission approval. Hideaway Beach T-Groins: Me Huber reported that T-groin construcrion had begun and, despite early del.ys, this project should be complete by mid-August. DW1e Repail1'Rcvegetation: Mr. Huber stated that he, Natural Resources Manager Jon Staiger, and Dr. Michael Stephen and Michael PoIT of CO""tal Engineering Consultants, Inc., had recently toured the dune system. A report of this inspection addresses storm damage locations, areas where the property Owners had not permitted the revegetation, and areas outside of the restoration project which may benefit from revegetation. Mr. Huber estimated that it would cost over SIOO,OOO.OO to aecomplish all of the recommend.rions regarding dune repair. The cost of storm damage repair alone was estimated at S30,OOO.00 wbich co"ld be funded at tbis rime through the maintenance bUdget. An additional S30,000.00, he explained, would be required if all of the affected property owoers consented to dune revegetation. In response to Member Gunderson, Mr. Huber confirmed that non-consenring property owners and condominium ""sociarions (within Naples and Vanderbilt Beach) had not been approached again since the I""t Committee Meeting. Member Gunderson suggested meeting with these groups in person, perhaps on the beach near the Beach Club Hotel or another area of successful dune revegetarion. After further discussion, it was determined that an invitation letter would be sent to these property owners in order to initiate such a meeting. Addirionally, Chairman Lydon requested that Member Gunderson contact the non-consenting condominium associations within the City and Member Metz Contact those within Vanderbilt Beach. 3 -.-<.;....,---'_.~--,....,;_.,<.._....-......"'...." ,/¿J.;'~.. ," ~~'" i:$" 'f 1'~ i~,\",-.. '.>..~.' ~.; 1>;'~ ." j,. '\";. ~ :::~;~ ';;f;~', . '11 ",.,( \,1....:.'"; (:~~·'V·-· ;;¡,.j~,'},'~: -,,~¡~.. ,j.,: I..!)~> ~ ,,«" ,"Io-'t,.·t' \ ~~~'¡t',:: :'':~~:~>~'' ';~f~' .~'< ~'t!'\ ;î£!;~; 'J4'.t", , ~'y ,':~~~\, )~'J .~, ,,~..; ,.~;~,,(~..,--:> ?-...·..>I.,;':.I."·:, '1-~.~~_,~;,~j ~: ,,~í!\:¡. ¡.\ .,' . 'I';:-t ,'-' . .:tß' ..: {' 2~'d;;f,1~~~ '/t ~. ¡ :-./';¡. :f.(~~~l' ..\1 j' .....-...#" "," .'~<"'-:/.-:' ~~~~:;¡. f,¡r~::~~ .':;"l;~"Y:"'i~ ,~g {...1..J/; ~-0~ :.. " ~ ~~i~~"G··, ~ ~"\." ~~ .~; ~J:,'Id'·I·'''. ('~ Jt·~_¿·~'\ ~...,.. .;'J,. ~ l~~~ ~~}t f,.~·.;.[' \:,'( ~<~:'g.. '\,1 :~~~s:;· ·,J<T¡ . :'- .) 'V.', ".1, ~ ',',I'V..:t'/ ¡ ,;"</;j';1(,l (¡;i<:?~,\: ~~~~ -. ~},~\ ': ;;J~:r.'\ -,~~~'\1t1j~ ):~~').~':}" '~~~':~:v-> ~¿,~., '(.~'" l~~~Tt~~: r ' ,...,Aft;!._~i" .j- " -I',...~ ¡- :;\.f1".. -~4"~. .~;~'~! \~t.~1rl;;;; '~;_:~<~~H'~ / \'y~J.' \,' t~~~'.~~j~~ , ';fJ.~· .7;¡...~ ~,~ .~,;: ;.."': ..-., ~, '\\'0' "~,i ,¡50 -) 'l~'l ;¡l.kH~ 1'"........- ·.~'_~,t~=;. )1-'<\( ~. ~'~'~r~ ;;/j~¡/ ::',;;'¡J..! ~~·.~~~~~f," ,,;!t¡?~; ll~~ .y~""..(", ~~t~~:J:~,i;~:.;":' 16G 1~ Beach Renourishment!Maint.enance Committee Re¡uJar Meetin¡ _ .b1e 26, 1997 Upland Sand Stockpiling Contract: Mr. Hube< stated thai this Contract had been drafted and was pending approval by the Collier County A"omey and Board of Commissioners. Funds necessary for the stockpiling had been appropriated and Mr. Huber indicated tha~ with contract approval, the stockpiling could commence by the end of July. Mr. Huber also confirmed that the sand SOurce was the "Bonita Grand Pit' and verified that the total cost to stockpile the 50,000 cubic yards of sand was essentially equal to that quoted by the original contractor for this source. . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ffEJ\.1 4 mc GUIDEUNFS CllANGFS AND NEW FUNDING APPUCAnONS (9:23 a.m.) IDe Guideline Otanges: Members Ashbaugb, Gunderson, and Williams noted that they had not received a copy of the revised guidelines. Chainnan Lydon requested the following corrections: I) add newly created Catego!)' D on page 4 of the guidelines; 2) change "addirional 1% roc tax lery. . . "(bo"om of page 5) to 'additional financing. . . ".; 3) add clarilÿing language (referring to the Collie< County ardina,,,,,) ;n orde< to specilÿ tbe Commi"",s authority OVe< funds used for Naples Fisbing Pi" repairs: 4) amend page 10 to rellect 'County Administrator', not 'County Manag,,'; and S) Add ncwly created Catego!)' D (page II-P"'s.nlalions) Addirianally, Chainnan Lydon suggested addition,] language to clarilÿ tbose passes eligible fur roc funding and to rellect beacb maintenance as well as beach restoration. Member Howa,,¡ noted that be was not present when the guidelines Were distributed and requested that, in the future, Committee Members be provided with all meeting material, even when absent. In response to Member MacKenzie, Mr. Huber then provided additional clarification regarding Collier County Ordinance 92-60 (as revised in Ordinance 97-2 I) and Member Gunderson suggested replacing the term "off season" with "vacation season." MOTION by Howard to DIRECT NATURAL RESOURCES MANAGER.K)N STAIGER, IN COOl'-E1IA770N Wmr HARRY HUBER, TO PROVIDE Al.¡ dBSENT MEMBERs, AT ANY GlV£1V COMli!IIEE lfEErlNG, Wmr AU iJF THE HANDOUTS DISTRIBUTED DURING 771A T MEErlNG, second.d by Brennan and carried 11-0. (Ashbaugh-yes, Blanchard-yes, BreNUln-yn, Gunderson-yes, HOWard-yes, Huttinger-yes, MacKenzie-yes, Metz-yes, Sullivan- yes, Williams-yes, Lydon-yes) At this rime, Mr. Hubel dlStn uted cop,es 0 TDC Beaches & In et Management Bu gets-Ongm tbrougb September 1996 and Fiscal Year Ending September 1997 . (A copy of this materi aI is contained in tbe file for this meering in the City Clerk's Office.) Mr. Huber noted that projected expenditures were incomplete at this rime and, as sucb, not included in the budget. Cbainnan Lydon, bowever, requested future budgets in spreadsbeet fonn with projecrions. Likewise, Member Howard requested that future budgets contain more historical information. ., 4 ... ..'.' .... .,"\ \. ~. . ¡\ ;.. , .- '.' <;":~~~ I..i;_ <\: . ' , , ..r "'; " -.' \<:.. '. ' '.- \ I,' ". '. ,.' .....--.. - .--.--..... -.-- .. 16G 1 Beach RenourishmentfMaintenance Committee Regular Meeting _ .lme 26, 1997 New Funding Applications: I. MAINTAIN AIDS TO NAVIGATION IN WIGGINS PASS AND CAXAMBAS PASS INaUDING THE BREAKWATER DURING FY 97/98 Member Metz observed that this project would coincide with placement of dredging equipment in Wiggins Pass and quesrioned whether the applicarion considered the inlet marker. After further discussion, it was suggested that Member Metz contact Kevin Dugan, of the Collier County Natura! Resources Departmen~ to detennined whether this inlet marker would be lit. MOTIOE by Sullivan to APPROVE THE FUNDING APPLICA TION TO MAINTAIN AIDS TO NA VIGATlON IN WIGGINS PASS AND CAXAMBAS PASS INCLUDING THE BIŒAKW A TER DURING FY 97/98; second.d hy Howard and unanim.ou..fly carried, all memben presenJ and voting. (Ashbl1Jlgh- yes, Blanchard-yes, Brennan-yes, Gunderson-yes, Howard-yes, Huttinger-yes, MacKen:.ie-yes, Metz-yes, Sullivan-yes, Williams-yes, Lydon-yes) 2. ANNUAL MONITORING SERVICES FOR TIlE MARCO ISLAND BEACH RENOURLSlIMENT PROJECT. M,. II uber di stributed cop i es of the amended project budget whi ch, he e.pl ained, i nel uded a 100/, conlingency. (A copy of this materia! is contained io the file for this meetiog in the City Clerk's Office.) Mr. Huber also explained that the primary purpose of this project is to gather data regardIng C~,"mbas Pass breakwaters, particularly as it relates to the Coxambas Pass Inlet Management PI3J1. In response to Member Williams, Dr. Michael SIephen of Co asIa! Engineering Consultants, Inc., pmvided addirional infonnarion regarding the budget for aerial photographs and indicated that the anricipated SI0,200.00 cost was comperirive. He also confinned that no loca! contractors could produce this type of aerial photography at this rime. !!lOTION hy Williams to dPPROVE THE FUNDING APPLICATION FDR ANN!lAL MONITORING SERVICES FOR VIE "fARCO ISLAND BEACH RFdVOURISHMElVT PIW.lECT r", "",ú.d}j second.d by BlancJuvd and unanimously carried, all ~mben present and voting. (AshbfDlgh-yt!s, BlanclU11't/_ yes, Brennan-yes, Gunderson-yes, Howard-yes, Huttinger-yes, MacKenz.ie-Yt!s, Metz.-yes, Sullivan-yes, Williams-yes, Lydon-yes) BreoJ< 10,03 a.m. to 10:15 a.m. It IS nORd for Iht: reconl rhai Iht: .am. om...... M.mbe... were present when the meeting ~conveDed. 3. PROJECT MANAGEMENT FEES FOR SERVICES PROVIDED BY TIlE OFFICE OF CAPITAL PROJECfS MANAGEMENT DURING FY 97/98 M:. H,ber distrihuled an amended project bUdget which ineluded increased fees for Wigg;ns Pass In let Managemen I (P N80 226). (A copy of this materi a! is con rained in the file for rh is meeting in the City Clerk's Office,) MOTION by Blanchard /0 APPROVE PROJECT MANAGDfENT F'EE.f) FOR 5 _.._""'~..... 1 6 G 11 Beach RenourishmentlMainœnance Committee Re:uJar Meetin: . .hoe 26, 1997 SERVICES PROVIDED BY THE OFFICE OF CAPITAL PROJECTS MANA GEMENT DURING FY 97/98 ((1$ nvis~á1.: s~cond~d by HOWard œul un.animous/y carried, øll members pm~nJ œul voting. (Ashbaugh-yes, B/tlllCluzrrJ. Yt!S, Brenntm-yes, GllNlerson-ya, Howard-yes, Huttingo-yes, MøcKenzie-yn, Met:.-yes, Sullivan-yes, Wü/ianu-yes, Lydon-yes) 4. MAINTENANCE DREDGING OF WIGGINS PASS Chainnan Lydon provided background inronnarion regarding Wiggins Pass maintenance dredging which had been regularly budgeted (hi-annually) since 1989. It was aJso pointed out that new permits would be required for future maintenance dredging due to modifications set out in the Wiggins Pass Inlet Management Plan. 'In response to the Committee, Mr Huber stated that approximately 50,000 cubic yaT<!s of sand would be dredged, and he confirmed that projected costs were consistent with prior years as well as a recent Caxambas Pass dredging project He also indicated that the IO-year maintenance permit would be requested for future dredging. Dr. Stephen then suggested a presentation later in the year to update the Committee regarding this project and the inlet management plan requirements. Chairman Lydon requested that this presentation take place during the October 1997 Committee Meeting. MOTION by Su/livaJa to APPROVE MAINTENANCE DREDGING OF WIGGINS PASS.. seconded by Ashbaugh and IUUlIÚmously carried, all ~mbus presenJ and voting. (Ashbaugh-yes, B/tlllCluud-yes, Brcnnan-yes, Gundenon-yt!S, Howard-yes, Hurtinger-yes, MacK enzie-yes, ltfet:-yes, Sullivan-yes, Williams-yes, Lydon-yes) 5. !'.lAlNTENANCE DREDGING OF SOum OlANNEL AND WATER TI1RKEY BAY Mr. Huber distributed an amended project budget which, he explained, included budgeted costs for landscaping, final grading, and sidewalk replacement. Dr. Stephen provided an overview of the pwject along with background inronnarion regarding the proposed Use or Collier County- owned property, adjacent to Bluebill Avenue, as the disposal site for dredged material, In order to address concerns of neighboring Flamingo A venue residents, provisions were made for additional landscaping, final grading, and sidewalk replacement at the disposal site. In response to Member MacKenzie, Dr. Stephen noted potential future uses for the Bluebill Avenue site property such as a beach-access parking Jot, passive park, or, if sold to a private individual, development according to its current single-family residential zoning. He also indicated that the proposed landscaping would add 15-20 feet of buffering and said the enhancements should not interfere with the future uses. Additionally, Dr. Stephen explained that at least one-third of the dredge material would be trucked off site in order to keep the elevation of the disposal site consistent with surrounding properties. Chairman Lydon suggested consolidating this project's mobilization with Wiggins Pass dredging to reduce costs and urged careful scrutiny during the bidding process to take advantage of potential savings. MOTION by Met" to APPROVE MAINTENANCE DREDGING OF SOUTH CllA NNEL AND WATER TURKEY BA Y: seconded by BrelUUln and unanimously carried, all members pment œul voting. (Ashbaugh-yes, B/ancluzrrJ. 6 -~-- ... Beach Renourishment/Main~n.ance Committee Regular Meeting _ June 26, 1997 yes, Brennan-yes, Gundenon-yes, Howard-yes, Huttinge1'-Yes, MacKenzie-yes, Me1z-yes, Sullivan-yes, Williams-yes, Lydon-yes) 16 G 1 6. POST-CONS11!.UcnON PROFESSIONAL SERVICEs FOR IDENTIFICA nON OF A NEW OFFSHORE SAND SOURCE FOR FUTURE BEACH MAINTENANCE NEEDS ON TIlE COLLIER COUN1Y BEAæ RESTORA nON PROJECT. Me Huber distributed copies of the amended project budget which, he explained, included a 10% contingency. (A cnpy of this material is contained in the file for this mee.ing in the City Clerk's Office.) Member Blanch"'d questioned the provision for clam shell b"'ge sampling since it would not represent the actual dredging depth. Dr. Stephen noted, however, prior uses for this form of sampling and suggested that it remain in the budget. MOTION hy Blanchard to AMEND THTS BUDGET BY PI.A ClNG "CI.AM SHELL BARGE SAMPLING" tem 2-D AS A SEPAR4.TE LINE ITEM UIY!>ER ''CONTINGENCY'' mem 41.. seconded hy Sullivan and unanimously Carried, aI/memhers prese,,' and voting. (A,<;hhaugh-yes, B1anchard-yes, Brennan- yeJ, Gunderson-yes, Howard-yes, Huttinger-yes, MacKen::.ie-yes, Metz-yes, Sul/Ùlan-ye.<;, Williams-yes, Lydon-yes) After the vote. Member Williams suggested a comparison of each project's actual Vs. budgeted costs and Dc Stephen provided histotica! infonnation regarding the se"'ch for beach renourishmenr sand which, he said, commenced in the 1970's. MOTION hy Sullivan to APPRO YE POST-CONSTRUC770N PRO FESS/ONA L SERVICE,) FOR [DENT/RCA nON OF A NEW OFFSHORE SAND SOURCE FOR FUTURE BEACHMAINTENANCENEEDS ON THECOLLlER COUNTY BE4 CH l1ff:~TORA TION PROÆCT (as amended ahovel: seconded hy BrelU1l1.n and unanimously carried, all "'emhen prese'" and voting. (Ashbaugh_yes, BIancJuud_yes, Bm""",..yes, Gundenon-yes, HO"'ard-yes, H uJtinger- yes, MacKenzie-yes, Me1z.-yes, Sullivan-yes, Williams-yes, Lydon-yes) 7. PURCHASE OF EQUIPMENT FOR BEAæ CLEANING OPERA nON ~k Hub" distributed cnpies of the amended project budge. which renected the addi.ional costs of a utili"! tractor and transponation vehicle. (A copy of this materia! is contained in the file for tbis meeting in the City Clerk's Office.) Member MacKenzie commented on the $23.900.00 allocated for a transportation vehicle and questioned whe'her a less expensive vehicle could be used. Additionally. Mr. Huber indicated tha. Marco Island would be an appropriate loca,ion for new BeachTech 3000. MOT/DiY. by Blanchard to A PPROVE THE PURCHASE OF EQUIPMENT FOR BEACH CLEANING OPÊRÀTION: seconded hy Sullivan and UMninwusly carried, all memhen present II1Id voting. (Ashhaugh-yes, Blanchard-yes, Brenrurn- yes, Gundenon-yes, HowllTd-yes, Huttinger-yes, MacKenzie-yes, Met:-yes, Sullivan-yes, Williams-yes, Lydon-yes) 7 - 1 6 G '1 ~ Beach RenourishmentIMainœnance Committee Re2uJar Meetin: _ .lute 26, 1997 NEW BUSINFSS .........................,.....,..,....,....... ITEM S Member Huninger submined a memorandum for Comminee discussion relating 10 the purchase of an ATV (All Terrain Vehicle) for "safety patrolling" activities on Marco Island beaches. (A copy of Member Huninger's memorandum is contained in the file for this meeting in the City Clerk's Office.) Member Huninger requested the Comminee's suPPOrt in requesting a $4,000.00 Tourist Development Council grant for the ATV and stressed that the vehicle could also be used for beach monitoring and mainlenance duties. Similar beacit safety operations in North Naples were noted and Member Blanchard commented on prior attempts to have a park ranger patrol the Marco Island beaches. Chairman Lydon took Ihe position that although this would be a worthwhile program, mc guidelines specifically exclude beach safety/security from the Commince's scope of authority. Members Howard concurred with this position as did Members MacKenzie and Sullivan who stated that the issue (health, safety and welfare) is a Collier County Commission responsibility. In response, Park Shore resident Kenneth Abernathy urged the Ccmminee to be circumspect regarding the expenditure of mc funds in order to maintain credibjity. Member MacKenzie then requested that all Members reee,ve an updated Beach RenourishmentIMaintcna.l1ce Committee Member directory. Chairman Lydon cummented on Cun-ent City/County discussions regarding beach access and PMking and ,equested discussion as to whether the Comminee should become involved in the issue. Member MacKenzie staled that since it is not within its purview to allocale funds for this purpose, this Committee could only encourage the County to create more public access to the beaches. Member Blanchard also questioned whether this should be included in the Comminee's Scope of work without the ahility to allocale funds. Member Sullivan, likewise, said he would be reluctanl to see this Comminee involved in a jurisdictional issue belween the County and the City. Dr. Michael Stephen of Coastai Engineering Consultants. Inc., commenled on cun-ent efforts by the Statc Legislature to secure beach renourishment funds from the federal government. Maura Kraus of Collier County Naturai Resources Department distributed and reviewed the Weekly Sea Turtle Moniloring Results for June 19-25. (A copy of this material is contained in the file for this meeting in the City Clerk's Office.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . .. ~f 6 DA TE AND AGENDA FOR NEXT MELTING, PROPOSED FOR 1HURSDA Y 07 AUGUST 1997. The Comminee agreed Ihal the next meeting would be held on August 7, 1997. In addition to the item previously discussed (See Ilem 2), Chairman Lydon requested an agenda ilem 10 provide an update on efforts to archive beach-related data He also asked Collier County Capital Projects Manager Hany Huber to furnish a compleled bUdget in spreadsheel form at the next meeting. 8 ~~. . '. I ... .;:~;~?;~~' ::~' ';. 'v~ ,'1"'\' ),':1' '~?:;~ì ~r;..'1,·' '.,' ,.)¡....;if ~~~:--;:\,..,.-:' Yr.,; ~\ i' ,¡., '.J.;~.;~' :!f./f{:~ ~~,~ ,\:: l~:,)~r\: : ;;l}i.\'¡~~: ~,<:~,~,.~)~:,~~j . .,,,.!~~,.., '."f:1" ,.,.... r .". ...\)/'J -" .,il:~'.J¡~:r¿t~ {:'!~ "I:~ .~..",. Y :.- ,:,:<~,:~" ;;. .: .J.'....:..."".,...l. '.:':'. \,':I"!"'"'- ','''' I~:~~~ t:lvr~ ~"...: ~~,t{j·.:~"4.\' ~;;;-:¡ ,'JJ.:.,\.:'?~.' ....;¡.'f)~J.'·: ..,~Þ';{ .'","":1' . .'~:·f:A- '1'.';:.{:.~ : ,.,' ,..Z~.,I .' ~ ,',.j ).,aot~ ~;~"r'.'t~i').\ ;~Ç;f::,~~',~ ~:\~~.~:~i_T4.. ( ,,' :1' ~_.~.t/. \. h',:I.~~"'~ ...:~, ;.t.~-4:. 'Ñ~':')~ m,·~~it..J,'í ~ , ... . ~<i?' ;'\,,,:<-,~"- ' ':Ú,~~j:< <";~\...:(..,, {¡~. .,,,.:.,~,\ ,,:,,'f.l.~, ~"'. ~,!:(,t-:..~ :. /j:- 1\" :'¡\<~{:~~ 1~¡,.;1·\:" .' ¡'%:!i}j";!; _"t,"':'" 1'( ¡"...',.¡;' . :::4~~L¡: "rll.~;i\i~:. ~~!i~;~' ,·..:A:.v{ /'::,~. . :j,~}~'~~ .~ ,'~ . ~;~. ...1\", "/~ #;4'" :' :-0\, I" . - ",.,t ~"i ."t; \~- . 7;¡7'~';: .~,"\. ¡,. '¡;;¡~'Ivt ,,,-,4~¡µ. , (¡ I"Í' !I" ~~'(\"""~ " t.~~ " " h1i1i: ,jf->I?':: , ,-,;.. \\ '"j{ ~.",/'f).)" '\\ \ \-.' "'.' .~.~'>r :, (/,"""¡ _~~r~~'~¥~~í' ., ~. :,,,,"0/'. " .&\. . .. 1.,.~·~h'-' : ..~"'t~~: :'y';~'" (I'¡{;;'~ ~'i .~: r/ Y" ",t, :~ ;-[;v~y. '~v ~j'w;"'; 2" ~7·~~S' ~:~f~: :.N '\ \"'~'~') ·....·kç"v~ \.,~. :", . ~ i-.... ¡",.. . ; \ ", ,.... 4: \ , . ..';' , .. . ,.r ,,'1, " , . r . , .'. ... .. ~ ~ , \1· Beach ReDOarishmeot/Mainteuaace Coll1lllÎtfee Re¡uJar Meetio~ _ .lme 26, 1997 ADJ{)U'RN .................................................... fI»f 7 (11 :25 a.m.) MOTION by Sullivan to AD.xJURlj¡ lecoNkd by Howlll'd and 1l1UI1rimo1lS/y cœried, all ~m.hen present trnd voting. (A.sbbaug/a..yes, BlIIItCÑIrd-yes, Brmtutn- yes, Gundenon-yes, Howlll'd-yes, HIIItlngt!1'-yn, MiICK~ie-yes, Metz-yes, SU//ivtut-yes, Williams-yes, Lydon-yes) RICHARD LYDON, CHAIRMAN . JON C. STAIGER, PH.D. Natural Resources Manager Prepared by: Virginia A. Neet Deputy City Clerk Minutes approved: 9 " 16G 1 · - --'--------.-- -- -- 16G 1 . ~~~ NATURAL RESOURCES MANAGEMENT 735 EIGHTH STREET SOUTH NAPLES, FLORIDA 34102 941-434-4655 FAX 941-434-3059 SUNCON 974-4655 lfO'lICB OP PUBLIC DftDfg " , #-: . -; The Beach Renouriahaent/Haintenance Comaitt.. announces a public meeting to which all inter.øted person. are invited. DATB: TDœ, PLACE: Thursday 11 September 1997 9:00 A.K. City Council Chambers, 735 Eighth street South, Naples, Florida 34102 AG!Dm¡ 1. Roll Call. 2. Consideration of a approval of the .inutes ot the 07 August 1997 minutes. 3. Report on the 03-05 Septamber annual .eating ot the Florida Shor.e , Beach Pres~rvation Association. 4. Project updates: Hideaway Beach T-qroin construction, offshore sand search, Water Turkey Bay dredging, dune revegetation, upland sand stockpiling. 5. Other business. 6. Agenda for next meeting, 02 October 1997. 7. Adjourn. FORHAL ACTION AAY lIE tAnH 011 A.IfY Ifill DlSCU3SED OR ADDED TO THIS AGEXnA. A.IfY PIR.SOII IIHO DlCIDU TO A' PEAL AMY DECISI011 HADE II THIS ctMfI71'E& VITH I\U'ICT TO A.IfY HAmA CQrIIDIIW) At THIS MUTIIIG -IU. 11110 A ItICQu) or TH! P~EEDIft"..s AND HAY HISD TO EHsuq THAt A VUJlAtI" JlICOIU) U MADI, "ICH RICOR.D IM:LI1DU THE TUTlH01fY AlfD tVIDIHCI UPOIf IIIflCH THI APPEAl. IS TO 8& HEMD. A.IfY pø.oø nTH A DISABILItY IlIOUIRING AUXILIARY AIDS AHD SERVICES FOR tHIS HUtING HAY CALL THI CIn CUIUC', orne¡ AT 434-4701 -lTH RIQUE51'S AT LEAST T'IO BUSIHUS DAYS IUORI THE MInING DAn. information, please contact Jon Staiger at 434- ., Natural Resources Manager /' Misc. Corre~ ~or"1s Huc:ock COAst..UIlO, Hac'K1. ",^..,., Date: I Ji Iteml# = Copies To: " ! ~, I " , r i:¡ t ~-~~ ~, ... '" "';:, .;.::,!\,.¡.·o~-, -.~-'~~ "?."(J;". .!"'.~'.-- -7' ~'f' ,'i '.... ,/ - ,'" . ¡,'.~:'-:J>$~, ~~-~~:~ <. {.,,"~~~; .\,;.*."" t> : i~:: ~;~~ ':'. 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MediDI_ Aapst 7,1997 _ 9:00 a.m. e meetmg to order and presIde . = ROLL CALL Present: Absent: Also Present: Richard Lydon, Chairman Frank Blanchard Alexandra Gunderson Charles Huttinger Bonnie MacKenzie Fred L. Sullivan Michael Williams ITEM 1 David Ashbaugh James Brennan Hubert Howard Charles Metz Harry Huber, Collier County Capital Projects Managcr/fechnical Advisor Dr. Michael Stephen, Coastal Engineering Consultants, Inc. Virginia Neet, Deputy City Clerk Maura Kraus, Collier County Natural Resources Department Michael Poft', Coastal Engineering Consultants, Inc:. Other interested citizens and visitors 16G-l-: Beach Renourishment/Mainten.ance Committee ReruJar Meetinr _ Aurust 7, 1997 .................... ........... ...... ............... ......... ~2 CONSIDERATION OF APPROVAL OF TIlE MlNUn:s OF TIlE 26 JUNE 1997 COMMIlTEE MEnING. (9:02 a.m.) Mf.JTlON by Sullivan to APPROVE THE JUNE 26. 1997 Mf:E17NG MINUTES: seconded by Blanchørd and carried 7-0. (Ashbaugh-abunt, Blanchørd-yes, Brennan-absent, Gunderson-yes, HOWard-absent, HuJtinge,..yes, MacKenzie-yes, Metz.-absent, Sullivtzn..yes, Williams-yes, Lydon-yes) ANNOUNCEMENTS (9:03 a.m.) ...........,.......................,.,.... Member Blanchard commented on recent proposals to e.clude coastal communities from F.E.M.A. (Federal Emergency Management Ageucy) ..penditures after storm eVents and said he would keep the Committee apprised on the progress of this proposal. Member MacKenzie pointed out that Tourist Development Council (TOe¡ funds ...e presently used to maintain navigational aid, in Caxambas Pass and Wiggins Pass and questioned why the Moorings Bay Special Taxing District is responsible for the Doctors Pass navigational aids Collie, County Capital Projects Managerffechnical Advisor Harry Huber indicated that Doctors Pass navigational aids could be eligible for mc funding and suggested preparing sucb an application for Committee review in September. Member Williams suggested additional markers for the shoals around Doctors Pass and Dr. Staiger reviewed dredging plans for the ...ea. After further discussion, it was detennined that Dr. Staig.r would prepare the mc application equal to that bUdgeted by the Moorings Bny Special Taxing District for this purpose. The mc would then be biIJed at the end of the year for the actual expenditures. Mcmb.r Sullivan commented on a recent tel.vision documentary, "How Safe is Your Beach?", which addressed concerns regarding coastal water quality throughout the country. The program also Suggest.d that anyone planning a vacation at the beacb should inquire about the water quality. In anticipation of this growing conc.rn about coastal water quality, Member Sullivan proposed that the Committe. initiate a Water testing program, on a weekly basis, with !he results published in !he newspaper. Dr. M;chael Stephen, of Coastal Engineering Consultants, Inc., e'plained !hat Department of Environmental Protection currently requires water quality testing; however, it is primarily used to test turbidity (the influence of sediment on grasses and other aquatic habitats). Dr. Stephen "pressed support for such a water quality testing program but indicated that monthly rather than weekly testing would be sufficient. The effects of nesting birds and septic tanks on the area's coastal waters were discussed and Dr. Staiger suggested usiug the City's Wastewater Plant laboratory for testing the City's coastal waters. Prior water quality tests, conducted in Marco Island and Vanderbilt Beach were discussed. and it was noted !hat good water quality was indicated, Mr. Huber then distributed and reviewed docomentation which addressed William Boggess' inquiries about Collier County beach restoration. (A copy of this material is contained in the file for this meeting in the City Clerk's Office.) He also advised th. Committee of a workshop 2 ¿' 1 6 G 1 Beach Renourishment/Mmntenance Committee Re:uJar Meetin: _ Au:ust 7, 1997 regarding the Inlet Management Study for Capri/Big Marco Pass (October 30, 1997 _ 7:15 p,m. _ Frank Mackie Park) and suggested discussion of this study at the next Committee meeting. Additionally, Dr, Staiger apprised the Committee of the Florida Shore and Beach Preservation Association Annual Conference scheduled for September 3-5, 1997 at Amelia Island Plantation. It was also noted that this conference would include a report on the Marco Island breakwaters. . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. lTEM 3 PROJECf UPDATES: WATER TURKEY BAY DREDGING, SAND SEAROI, HIDEAWAY BEACH T-GROINS, DUNE REPAIRIREvEGETA1l0N, UPLAND SAND STOCKPll.JNG, AND RECORDS ARQlIVING. (9:34 a.m.) Water Turkey Bay Dred:in:: Collier County Capital Projects Managerffechnical Advisor Harry Huber reviewed results of the August 6, 1997 Bid Opening but recommended additional study of the bid packages due to the sensitive nature of the project. Dr. Staiger commented on satisfactory work by the low bidder, Energy Resources, in Doctors Pass and the Moorings and East Naples Bay Systems but Chairman Lydon noted disparities in mobilization/demobilization costs between the two bidders. He also urged sv.ift completion of the project. In response, Mr. Huber explained that permits for this project were pending; however, the Notice to Proceed had been scheduled for September 22, 1997. Sand Search: Mr. Huber reported that the Collier County Board of Commissioners had approved the Tourist Development COUIlc:1 (IDC) application relating to this issue, Approval for the study would be placed on the August 26, 1997 Board of Commissioners meeting agenda. Hideaway Beach T-G1'Oins: Mr. Huber reported that three of the five t~groins had been installed with completion of the project anticipated by August 31st. Due to severe erosion, which Occurred after the project's initial design, an additional 5,000 cubic yards of sand was placed at the south end of this beach. The amount of the resulting change order was approximately S50,OOO.00. Dune RepmriReve:etation: Mr. Huber stated that easements are in place for those areas needing repair/revegetation due to storm damage. Additional easements would be researched or sought for the other areas where revegetation was needed and a list of which would be provided to the Committee. Natural Resources Manager Jon Staiger also informed the Committee that he is cooperating with a University of Georgia graduate who is researching local dunes and dune revegetation. Upland Sand Stoclq>iling: Mr, Huber referred to the final draft agreement with Bonita Grande Sand Company which will 3 .-.-........--..- 16G 1~ Beach RenourishmentIMaintenance Commit1ee Regular Meeting - August 7, 1997 be submitted to the Board of County Commissioners for approval, (A copy of this materiaJ is contain~d in the file for this meeting in the City Clerk's Office,) Upon Board approval, he added, the stockpiling could commence by the end of August. Records Archiving: Dr. Michael Stephen, of Coastal Engineering Consultants, Inc" stated that he is finalizing a letter which wil! be sent to approximately 30 to 40 identified groups/individuals who may possess heach-related documentation, Member MacKenzie also relayed that the City Clerk had offered storage space for primary or duplicate sets (CD Rom) of this documentation, Reëë$S 9;49 a.m. - 10:05 a.m. It is noted for !he ~cord tfuat the same Committee Members were p~sent when th~ meeting ~coßVened. . .. . . .. . .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. IDC GUIDELtNES GIANGES. (10:05 a.m.) Collier County Capital Projects Manager!Technical Advisor Harry Huber referred to the draft Beach Rcnourishmclll and P<éiS Maintenance Guidelines and reported that the TDC had approved the moàitìc31ions recommended by the Committee, Subsequent mc revisions were reviewed and Mr Huber relayed a request by the Mayor of Everglades City to include Indian Key Pass with the Collier County pass~s listed on page 6 of th~ guidelines. (A copy of this material is contained in the fj Ie for this meeting in the City Clerk's Office,) Dr, Michael Stephen, of Coastal Engineering Consultants, Ine" provided additional information regarding the location of Indian Key Pass and Member Blanchard commented that areas within this pass are currently in need of dredging Natural Resources Manager Ion Staiger compared Indian Key Pass to Gordon Pass. which is also no longer m~ìntajncd by the Army Corps of Engineers, and it was the consensus (If the Committee that Indian Key Pass should be added to the guidelines Additionally, in response to Chairman Lydon, Me. Huber referred to page 4 of the guidelines to verify the reJationship that Category D funds are derived from Category A. M!)TlON by William..ç TO APPROVE THE GUIDELINE CHANGES RF;.QJJ~TED BY THE TOURIST DEVELOPldº"T COUNCIL: seconded by Su1li~'an and carried 7-0. (A shbauCI:-ahscnJ, BllJIscluur!_ye.s, Brel1.fli1n...absellt, GIl.!".dersO.ll-yes, Howard-absent, Huttin¡;er-yes, ¡HacK enzie-yt!S, Met'l.-absenJ, Sullivan-ye.ç, Williams-yes, Lydon-yes) After the vote, Mr, Huber stated that the guidelines would be then submitted to the Board of County Commissioners for approval. ITEM 4 . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ffEM 5 REPORT ON COLLIER COUNTY PLANNING COMMISSION MEETING REFERENCE PIER CONSTRUcnON IN CAXAMBAS PASS. (J 0: 17 a.m,) Member Blanchard provided his August 6. 1997 transmittal to the Collier County Planning Commission and Board of Commissioners requesting denial of the proposed Dela Park Place boat docks at Caxambas Pass, (1\ copy of this material is contained in the file for this meeting in the 4 .-------. 16G 1 Beach Renourishment/Maintenance Committee Re:uJar Meetinz _ Au:ust 7, 1997 City Clerk's Office,) Using an aerial photograph of Caxambas Pass, Member Blanchard iJlustrated how the primary navigational path aims directly at the proposed site for 16 boat slips and lifts, He also contended that this dock activity would not only interfere with navigation in the channel but could also prove dangerous given the severe currents in this area of open water, Member Blanchard then reported that the Planning Commission's initial approval of the project had been appealed which will require another staff review of the project using the current regulations, MOTION by Blancluud 'lJlA T TmS COMMlITEE OBÆCT TO THE PlACEMENT OF BOAT PARKING DOCKS IN INLETS IN TIlE COUNTY: seconded by Sullivan and carried 7-0. (Ashbaugh-absent, BlancluzrrJ-yes, BrelllUln- abseN, Gunderson-yes, HowanJ-absenJ, Hldtinger-yes, M~KenT.Îe-yes, Met:.- absenJ, Sullivan-yes, Wil/ianu-yes, Lydon-yes) Prior to the vote, Member Blanchard stated that he believed the Committee was authorized to become involved in this issue by virtue of the inlet management plans which are required for aH beach renourishment activities. Likewise, Collier County Capital Projects Managerrrechnical Advisor Harr)' Huber stated that this issue was directly related to a recent inlet management study for Caxambas Pass, Dr. Michael Stephen, of Coastal Engineering Consultants, said he concurred with Member Blanchard's position particularly as it related to potentially hazardous water velocities in this tidal inlet channcL He then outlined other dangers associated with boat docks in open waters and noted how Caxambas Pass is directly open to the major storm quadrants in this area. Dr. Stephen also stated that it was within the Committee's authority and responsibility to respond to this issue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ffE1\f 6 DA TE AND AGENDA FOR NEXT MEETING, PROPOSED FOR TIfURSDA Y SEPTEMBER 4, 1997. (J 0:3 J a.m.) Chairman Lydon requested a budget review (in spreadsheet form) and Mr. Huber confirmed that the payment of the Marco Island bonds was included in the proposed 1997/] 998 budget to be adopted in September. It was also the consensus of the Committee that the next meeting would take place on September II, 1997. Maura Krause, of the Collier County Natural Resources Department, distributed copies of the Weekly Sea Turtle Monitoring Results (July 24-30) and reported on recent lighting violations which, she said, has contributed to the increasing number of "false crawls". (A copy of this material is contained in the file for this meeting in the City Clerk's Office.) She also reviewed efforts to monitor current hatching activities, but reported decreased turtle nesting on City, Marco Island, Park Shore, and Vanderbilt beaches. Member MacKenzie then suggested that Ms. Krause meet with the president of the Moorings Homeowners' Association in order to discuss the lighting Issue. 5 -'-"',._....,..."'------ ..."...'--.-......- ._------. ...... .11-· ~ - - ..... . 16G 1, . . Beach RenourishmentIMaiafenance Commitœe Rezular Meetiaz _ Auzust 7, 1997 ADJ(}URN .................................................... ß'El\f 7 10:41 a.m. MOTION by Sulllvll1l to ~DXJURl'(} seconded by BløncJutrr¡ II1UI cønied 7-0. (As~/s....øInent, BllllrtCÑlnJ.-ya'~I~nt, GlI1IIÚnon-ya, HowllTd-a1nent, HldJing~ya, MøcKenz,"ya, Met:....ent, SIIlJ¡vlllt-ya, WU/ÜInu-ya, Lydon- yes) RICHARD LYDON, CHAIRMAN JON C. STAIGER. PH.D. Natural Resources Manager Prepared by: Virginia A. Neet Deputy City Clerk Mjnutes approved:_ 6 ............. ---~""-'------~-''''-~''-- ::'::t,,)¡ c-'} .. 'c~~ . ....v ,t~"~t..J~· './2,,~ ~". ''''-'''' ,,,,,:;,,., \".~~i, .~.~~~ '."- ~';;..,;;l.~~ '':~,j) '~ - ~).': .j ;tfl W ~:;. :-:\~':..,...- :T~ r ~~;~~ .' \r:'t~ YI'.;K;, ~r,.c>\.~,,, ..:::.~,~ lV~ ',y....~J, "-"I''''' ~~: ,¡~-\"~::11 !Jr';"· .~~'o-{'~:,,'" :f¡i:r\~;,5-.J,-: ¡l~X~g\:~ ~ ,\; {t~',~ ~' '·"Ÿ.;"~r·. ~.y,;, 1 ~1. . _ I ......., 1\ ~?,<:~.¡:~. ~.~::~i i:j~ 1'~'1t.. "'r " "~~ ~"0:~,' !,\ '. "". ..,i.. .'>~:t¡þ'\~·. .,> .\. ," . 'L', $(~f-:'r:~~. ;::~,,¡ ~1" ~~";"~~~'~ ~',~ ~'-l.-~~ _ ';..or' 1.t,.,,/{:;:..,(,;., .;;: 1'~_'.'~f~I'~~.'. . IFi:ti ~\ .1.";(:.1< ,. 1...:'W..:rj,' """', .", ,~ !~.. ~ 1;"'; .~' ~~1. /tí"i ':~: '-!'Ç').¡-:.,,,i', ;)/,.b:;'''''~: --'~'":1,."'¡'..." ' ... ""';."'-" , 1'~'·''(f.·t.. ~J"¡:"/P\>"< "' ~~. '< . ;i~ " ~;-t; -=-/~'l .,r,p~~,·,·,'k 'l .:~, .,....1Ç('~ ):~':,,4*v¿~ ..... vN >ff,'" ,~'" ';-$;·~í·!i";~~ ~'.'."'''''''¡~'' . -.tV..- .'1<- ~PJ,~JJ4 .(,.,.1 j,,;!>-J,' .:t1 r./~;';:'?~ ":-}'-:.1'I1.- ~-...., '~~.J".y""..., "': .\l ~/ .:t" .~'~. ,.~.,," . ,~.t, A'r . ,'c J/..J.. ..: .'\JJ..rt...\,» "W':i,~,l~~ ::J,~,te~ ~){;.:~~ ~<~. £~( "~~t~~~ '¡l ¡r.~'t ¡i " ... '^"~ .;'" '¿;"~:" '~,." , '. ...,~ d". : . ~.~..." :!:,v·.J.:i:' ~:~·:.:"i:';.,; ·e;.Y \~. , < ~-1~ '.: '.~~ " ":h ?: ;,$' ..'." r,,~·.~'t"~rf ·0·~}J~' ~,~!4:~J )'.i-e--:,,\ :!\~(.!;~ .,.~,"~~ ~~~0J rr-:ró7¢..., ''\'.;."'....'~~, . t.~:4~~~ '''. :~f:Z4\ ,,,,,^{..'f'C, :>. :1;:\.\!, Î~'~1~,~ " ?~'t>J ;"".7.,'-.1:' ,<~,).\; :1,~í'·".~~'-: \. ,;.t"¡."~#. t <~~! !~ ~~¿,~: :. ~r~;-:,;}~~ . ,~~~ It:-jò:{ -'I/' " . " . ~, " "1- . ., - .. I' , . ~. ,. . ) t . ~ '1' ,- ~ t tj ~. \i '. .. " ~ 16 G 1 June 26, 1997 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD ... 'J Naples, Florida, June 26, 1997 '. LET IT BE REMEMBERED, that the Collier County Code Enforcement Board North met on this date at 8:30 a.m. in REGULAR SESSION in the Collier County Government Center, Administration Building, Naples, Florida. with the fOllowing members present: - CHAIRPERSON: Mireya Louviere Cliff Flegal Celia Ellen Deifik James D. Allen George P. Ponte Linda Griffin ALSO PRESENT: Maria E. Cruz, Code Enforcement Richard D. Yovanovich, Board Attorney - vi ltorr1 s HancoC~ Constantine Moc'Kit ß.trry ~. :~,' <:ii~;~~;~~ ;'>j:~;;:,:.:, ::!-c': ;~7.~: ~. ,I:. Mise, Com:s: Dëte: -.5i:.,;{ 3 -9 ì Item# )fr b, Copies To: Page 1 ',~~ .£ ,r ~, Of . . ,~ .. j; ",:.; 'ri . ":........_·...c "" ",- ~-~-,.__.".,..~/.~,.''''-;.'''' ~ ... ""--....--- - --~ --'-~ ~~.- ---.. - J>ij--ïl - . P.1 6-IS-1997 9:54AM FRCM 643 S34S 16G 1 e CODE EJ'lFQRCEMENT BOARD 0,. COLLIn C'OCNTY. P'LO~IDA ð~l;til2ð '. Date: June 2'. 1'" ae 1:30 o'clock A.M. Loc:acion: Collier CO\.U1ty GovernD\ent Center, Ad.rna. Bldg, 3rt! Floor NOTE: ANY P!:1tSON WHO DECIDES TO APP£A.t, A DECISION OF TilIS BOARD WILL NEED A R.ECCm> OF THE PR~INGS PERTAINING THERETo, Am) 'nŒ:REFOq ~y JIE.Et) TO ÞSURE ~T A 'æRMTIM RECOR.O OF T1Œ PRC>Oã:¡)INt;.1 IS ~¡;, WHICf KEC'CJU) tm:%.WES 11Œ ~ AND EVIDENeJ:: UPON W'JUCH nŒ APPEAL IS TO BE BASE¡). JŒI11ŒJt COLLIER C'OONTY NOR THE CODE E:NFORC'EMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS "COR.D. 1 . BOLL CALL :Z. t'\PPROVA.t. Oll" AGJ!:N'!;?a .. ~PPROVAL OF MlNUT¡~ MAY 2'. 1"7 ~ ... PUBt.~HE.AAING~ - A; Bee vs. TOM v. AND ELLEN It. WIUZAMs STUART J. AND NANC' A. AAl'MOND Ð. Bee v~. LEoNAAD D. (, DORIS WISNIEWSKI C. see vs. STERLING E. , ETHEL D. WEEXs CD NO. t7-014 CE:8 NO. J1-01S C'Q NO. '7-016 5. ~ aUSI~SS A. InvitA~ion to BOArd members from Code Enforcement Staff 6 . QUI 5U$ !m.$~ A . Bee vs. BRt7CE WOOD B. Bee Vs. JOHN H. (, CAROLE PHILLIPS CE:B NO. 97-004 CEB NO. "-008 7. REPORT.!i N/A 8. HEXT 1"IE'ETT1'fG DA~ JUly 24. U97 .. ADJ~N 16G 1 e June 26, 1997 CHAIRPERSON LOUVIERE: Ready. Good morning. I guess we have all the board members that will be present here today. It is June 26, 1997, and we will commence with the North Naples Collier Code Enforcement Board. That's a lot to say. The first thing I would like to do is I have two board members out this morning, one is Mr. Mueller. His daughter is getting \ married. Of Course we wish her the best, so I would make a motion that we excuse· Mr. Mueller from this meeting. Do I have a second? MR. FLEGAL: Second. CHAIRPERSON LOUVIERE: I'm kind of not here today. Thank you. It passes unanimously except for Jimmy doesn't excuse him because he's jealous that he didn't get invited to the wedding. Right, Jirruny? MR. ALLEN: That's exactly right. CHAIRPERSON LOUVIERE: You're upset. MR. ALLEN: Nay. CHAIRPERSON LOUVIERE: Nay on you. Okay. And then the other one is Rick McCormick. He had a death in his family. So I would like to make a motion to -- and of course our thougbts are with Rick this morning. If we could please excuse him. À motion. Anyone second it? MR. PO~~E: Second. CHAIRPERSON LOUVIERE: Second. All in favor signify by saying Let everyone in favor, please vote on it. . aye. It passes unanimously. MS. CRUZ: Madam Chairwoman. Excuse me. - For the record, my name is Maria Cruz, Code Enforcement Specialist. ~~. Andrews called our office yesterday and he wanted to be excused. He wasn't feeling too well. CHAIRPERSON LOfJVIERE: So now we're up to three board members. And, of course, we would like to also excuse Mr. Andrews. I don't think we need to do that in the form of a formal motion, do we? Everyone else agrees with me? MS. DEIFIK: Yes. MR. ALLEN: Yes. CHAIRPERSON LOUVIERE: Okay. There we have it. Are there any other changes to the agenda? MS. CRUZ: Yes, ma'am, there are. First of all I would like to introduce our new board member, Cliff Flegal. He's our new alternate member. CHAIRPERSON LOUVIERE: Mm-hmm. MS. CRUZ: There are a couple changes under Public Hearing, Item B, we would like to continue that item. Staff needs further investigation to conduct on this item. Item C, we would like to dismiss this item since it's in compliance at this time. 4IÞ CHAIRPERSON LOUVIERE: Okay. So all we're listening to today Page 2 1 - 11. u 16G 1, 4IÞjust under Public Hearings is 4(A)? MS. CRUZ: That's correct. CHAIRPERSON LOUVIERE: Okay. Won~erful. How about if we start with a roll call to my left. MR. FLEGAL: Cliff Flegal. MS. DEIFIK: Celia Deifik. CHAIRPERSON LOUVIERE: Mireya Louviere. MR. ALLEN: Jim Allen. MR. PONTE: George Ponte. CHAIRPERSON LOUVIERE: Are you prepared to present our first case? MS. CRUZ: Yes, ma'am. We are. At this time I will allow __ CHAIRPERSON LOUVIERE: One moment please. I'm sorry. MR. YOVANOVICH: We need a motion to approve your agenda, which hasn't been done. CHAIRPERSON LOUVIERE: Fill in the -- do I have to do that? You always tell me I have to do that. I always forget to do that. What -- 11R. YOVANOVICH: Yes. And then once you have done that, you need to -- just to approve your agenda as revised, a motion for that. CHAIRPERSON LOUVIERE: Okay. MR. YOVANOVICH: And just for the record I want to make it clear thac the alternate, the new alternate, will be participating in these hearings due to the absences of a few board members. ~ CHAIRPERSON LOUVIERE: Def~nitely. ~ Okay. I make a motion that we approve OUr revised agenda of June 26,1997. Do I have a second? -MR. PONTE: I'll second. CHAIRPERSON LOUVIERE: We have a motion and a second. All in favor signify by saying aye. Okay. Passes unanimously. Thank you very much. MR. YOVANOVICH: Sure. CHAIRPERSON LOUVIERE: Okay. MS. CRUZ: One more item. I didn't hear the minutes being approved. Maybe I wasn't paying attention. CF~IRPERSON LOUVIERE: I read the minutes. I have no changes. I make a motion we approve the minutes of MS. CRUZ: May 29. CHAIRPERSON LOUVIERE: May 29, 1997. MS. CRUZ: Thank you. CHAIRPERSON LOUVIERE: Do we have a second? I made a motion. It has to be approved. MS. DEIFIK: I'll second. CHAIRPERSON LOUVIERE: A motion and a second. All in favor signify by saying aye. Passes unanimously. MS. CRUZ: Okay. At this time I will allow Code Enforcement Supervisor Bill Bolgar to address the -- Item A under Public fit Hearings. June 26, 1997 Page 3 16G 1 8 June 26, 1997 CHAIRPERSON LOUVIERE: Thank you. MR. BOLGAR: Good Morning. Madam Chairman, my name is Bill Bolgar and I'm a supervisor for Collier County Code Enforcement. This matter before you this morning, staff is going to request a continuance in this matter, and for the fOllowing reasons. We had a couple of problems here. One of the problems is that the Notice of Violation that was sent to the Respondent listed the improper parcel as where the violation exists. We sent a Notice of Violation out and we listed the parcel as Plot J, Lot 10, when in fact it is just Tract J. And for the second reason that we're asking for a continuance on this matter is that, if we pursue this matter under the current ordinance -- which is 9147 -- and if this pursues to a point where the county's responsible, the Respondent refuses to or does not remove the exotics and the county is forced to do so, we have received bids on this matter of 45 to $50,000. Now, what compounds this is this. This particular parcel is landlocked, Number 1, and it would require us to get a court order to get through someone's property. And if one of the people who live adjoining that property permitted us to go in, we would -- obviously the cost would be escalated because we would have to restore their property back to its natural site. The other problem here is that, if we're -- if we're allowed to pursue this matter through the Exotic Removal Ordinance at the time .that Pinewoods WdS established" at that particular time the Ordinance allowed the removal of exotics by chemically treating, and therefore it would reduce the price of compliance in this matter from 50,000 to approximately $1,000. And I feel between now and the next time the board meets, after meeting with the Respondent, that we can certainly wor~something out that's, that's agreeable to all parties, including the Complainant. And I understand the Complainant has waited a long time and waited patiently. We apologize to them in this matter, but we certainly do request that we continue this matter for those reasons. CHAIRPERSON LOUVIERE: Well, I can't stress to you how wonderful i.t is for me to hear that this morning because I was very concerned about the clean-up costs associated with this nuisance. I think it's wonderful that I can see that these two people that live pretty much near one another are willing to work together to resolve this situation. And I'm looking forward to see that it has been resolved when this board convenes again. So I make a motion that we continue this item to __ when is our next board date? MS. CRUZ: July 24. MR. BOLGAR: July-- CHAIRPERSON LOUVIERE: July 24? MR. BOLGAR: 24. Yes, ma'am. CHAIRPERSON LOUVIERE: To July 24, 1997, at which time you will come back to the board and give us a status on it. MR. BOLGAR: Yes, ma'am. I hope that we get back then, that 4IÞwe've had compliance. If not, we'll -- we'll present the case before Page 4 16 G 1 - the June 26, 1997 e board at that date. MR. YOVANOVICH: Madam Chairman, if I may for a second interrupt? CHAIRPERSON LOUVIERE: Yes, sir. MR. YOVANOVICH: Do the Respondents have any objection to a continuance? Would they stipulate for the record that theY've received proper notice and we do not have to re-notify them for the \ July 24th hearing? Okay. Let the record reflect that the Respondent stipulated to notice of the July 24th, 1997, North Collier County Code Enforcement Board meeting. THE AUDIENCE: 8:30? MR. YOVANOVICH: Yes, 8:30. CHAIRPERSON LOUVIERE: So hopefully by July 24, 1997, we will hear from staff again on this item and it would have been '__ this item has been resolved. I have seen that this issue has gone on for a long time, and, you know, we will find a way to resolve it. I can assure you. So if it's not done so by the next board meeting when I hear it again, we will rule on it. Okay? MR. YOVANOVICH: And just -- both of you are the separate Respondents; I mean, there's two Respondents? THE AUDIENCE: Yes. MR. YOVANOVICH: Okay. MR. BOLGAR: Thank you, Madam Chairman. (Linda Griffin joins the qoard) CHAIRPERSON LOUVIERE: Are we to proceed with new business; is there anything else there, because we're through with Public Hearings at this time, correct? MS. CRUZ: Right. - - CHAIRPERSON LO~¡IERE: So SeA) is New Business. We have an invitation to the board members from the Code Enforcement staff. MS. CRUZ: That's correct. I have been asked __ CHAIRPERSON LOUVIERE: Where are we going? MS. CRUZ: I have been asked by our Code Enforcement director to pass this along. Wnat it is is that Code Enforcement has started a ride-along program that invites the citizens of Collier County to ride along with one of our code enforcement investigators, they can get a better view and idea of the code violations that we're addressing daily. That way you can get a better feeling when these violations come before you, what they actually are and look like instead of just getting them on paper. CHAIRPERSON LOUVIERE: Wonderful. So you're inviting us to go ride along with you? Okay. MS. CRUZ: If you're interested you can call our Code Enforcement Director line and we can schedule an appointment with whoever is interested to ride along with us. CHAIRPERSON LOUVIERE: Great. Well, I urge all the board members to please call -- who do we have to call again, please? MS. CRUZ: The number is 403 __ CHAIRPERSON LOUVIERE: Mm-hmm. . Page S 16 G 1 -- June 26, 1997 MS. CRUZ: 2413. CHAIRPERSON LOUVIERE: 403-2413? MS. CRUZ: Mm-~~. MR. YOVANOVICH: The board members MS. DEIFIK: Do we get cookies? MS. CRUZ: Those we'll ask for you to bring. MR. YOVANOVICH: I would request only one thing, Maria. CHAIRPERSON LOUVIERE: That was my concern also. MR. YOVANOVICH: If they are going to go on a ride-along, I would prefer that they be limited to riding in districts or the division that they will not hear a case involving. Because, you know, obviously -- MS. CRUZ: Right. MR. YOVANOVICH: there is a chance they would be receiving or making a judgment outside of this -- this -- this hearing. MS. CRUZ: Okay. MR. YOVANOVICH: So if you can make sure that, that they only travel in wherever the south boundaries are. CHAIRPERSON LOUVIERE: Right. I think our attorney is concerned that we will be reviewing cases that will ultimately be before our board. And, as we know, we must maintain an open mind and not make a pre-judged decision without listening to all the -- all the facts. So, that's, that's fine. MS. CRUZ: That's fine. . CHAIRPERSON LOUVIERE: Yes, Jimmy? MR. ALLEN: This doesn't mean that you want to visit Mr. Bruce Wood's establis~ent, right? CHAIRPERSON LOUVIERE: Immediately. -MR. ALLEN: I thought so. CHAIRPERSON LOUVIERE: So with no further -- I guess the next thing we need to discuss, 6(A), which is BCC versus Bruce Wood. MS. CRUZ: Yes. Let the record show that Mr. Bruce Wood or his Respondent are not present. We do have a status report to give to this board. At this time I'll call Investigator Dennis Mazzone. He did inspect the property, I believe it was ~wo days ago, and he'll let this board know what his findings were at that time. CHAIRPERSON LOUVIERE: Thank you very much. MR. MAZZONE: Good morning. CHAIRPERSON LOUVIERE: Good morning. MR. MAZZONE: For the record, my name is Dennis Mazzone and I am an investigator for Collier County Code Enforcement. MS. CRUZ: We need Mr. Mazzone sworn in, please. (The speaker was sworn) MR. MAZZONE: On June 24th of this month -- well, June 24th __ I went to the location in question and met up with one of the tenants in Unit Number 1. In speaking to the tenant, he confirmed that all four units are -- they remain occupied and that he's been a tenant for in excess of a year. The other three tenants have been tenants for Mr. Wood in excess of three years. And none of them, to his knowledge, 4IÞwork for Mr. Wood. He also showed me a kitchen facility that he " e Page 6 1 6 G 1 1 June 26, 1997 4IÞ shares with two tenants, and there's a bath facility that he shares with two other units, two other -- each tenant has their own unit. And then there is one tenant, or one unit, that has their own private kitchen and bath to themselves. So there's actually two kitchens and two bath facilities. And he also stated that Mr. Wood and his wife also reside on the same second level of 5800 Hutchin Street. \ CHAIRPERSON LOUVIERE: So how many people do we have renting there no....·? MR. MAZZONE: There are four units, all occupied by single individuals. But that's not counting Mr. Wood and his wife that also reside there. And I believe Mr. Wood is the caretaker/owner. CHAIRPERSON LOUVIERE: Do any board members have any comments or questions of Mr. Mazzone? (No response) CHAIRPERSON LOUVIERE: Linda? MS. GRIFFIN: No. CHAIRPERSON LOUVIERE: I don't have any questions. Thank you very much. MR. HAZZONE: Thank you. CHAIRPERSON LOUVIERE: Just for -- we have a new board member, a new alternate, and I ~~ow Celia has been a little bit out of the loop. I thought I would go over this case. I don't know if you had an opportunity to read the agenda package. Basically, we're dealing with a use that it doesn't contain ØJb -- it's an industrial use and 'they are -- Hr. Wood is renting uni ts ~in this industrially zoned land. When we went ahead and we heard this item, there appeared to have been some sort of agreement reached before with other staff members, which I disagreed with, but other board members felt that that was an appropriate method for him to continue to rent the units. And an order was imposed. The order was that he would be found in violation but we would fine him a dollar a day. Well, obviously, when you fine someone such a low amount __ and we have not been able to obtain compliance with our code. So we had asked our attorney if he would be so kind as to research and see if this code, this board has the authority to increase our board fines. In the past we have reduced our fines if we found the individual was diligently tl~ing to comply with our orders. And at this time I would like to hear from our attorney what his research has uncovered. MR. YOVANOVICH: What I provided to the board -- and I hope you all received it -- was just a brief memo. I didn't get into all the, the legal cases that explain the conclusion that I reached. Basically, this board is a creature of Florida Statutes and has only the powers that are set forth in the statute. And the powers are, you know -- there are a few -- they are narrow powers. And there is a Latin phrase, which I can never remember, that is a rule of statutory construction that says, when there is a list of things you can do, that is what you can do. The failure to include something in that list of powers you have is -- it is interpreted to mean you do not have that power. In addition, the case law in Florida is pretty _clear when you're dealing with statutes that are penal in nature. Yo 1.1 Page 1 16G 1 4IÞ June 26, 1997 are to strictly construe those statutes against having the power to do something. There are a few older Attorney General opinions for when the Code Enforcement Board statute first came into effect. There have been some minor changes to, to the, to the statute since those Attorney General opinions were issued but the law hasn't changed significantly since the time of those Attorney General opinions. In one Attorney General opinion, the question was asked, can you have a varying fine; in other words, can the board order a fine of X dollars for a certain period, and, interestingly in this case, if their violation continued on, they had a lesser fine all the way down to zero? And the Attorney General said, "No, you cannot have a varying fine." The code or the statute reads that you can levy a fine, and they interpret "a fine" to mean a steady fine, not a varying fine. So based on that Attorney General opinion, you know, my thought was, well, let's just say we can have an increasing fine; in other words, X dollars for a short period of time, Y dollars for beyond that until we finally get compliance. Based on the rationale of that Attorney General opinion, I don't think you can do that. So I would -- my advice to the board at this point is, because the statute does not expressly allow you to reduce fines, I mean, inc=ease fines -- it expressly allows you to reduce them -- if the legislatu=e had intended to give you the power to increase fines, I think they would have said tha~. So at this point it's my opinion __ 4IÞand I don't have a case right on point. The Attorney General's opinion is persuasive but it's not binding upon any Court. l1y advice to you is, that based on the fact that penal statutes are strictly construed, and the one Attorney General opinion out there dealing with a similar situation, not exactly on point, would be that you do not have the authority to increase a fine at this point. Now, that doesn't mean if there is not a repeat violation, that you calli,ot hear another case. And then if there's a repeat violation or a new violation, you can bring them back to the board and you can, you can take them through the process. The staff may want to look to see if there is a repeat violation going on or a new violation under the statutes as currently written. MS. DEIFIK: It seems to me that when we heard the Bruce Wood case the inspector had not been able to get access and really couldn't tell us how many residential units there were there or how many people were living there. Now we have clear evidence that there are four additional residential units making five residential units and that they are all occupied, which is distinct from the evidence that was presented at the first case. So to that point, to that point, it appears to me that there is a repeat violation. And I guess the question is, how do you draw the line; what's the distinction between a repeat violation and a continuing violation? MR. YOVANOVICH: Well, a repeat violation, in my opinion, and 4IÞ is defined in the statutes to mean, a conviction -- and I'm using the Page 8 - ~-'~ - - .. 1 6G ,. 1 June 26, 1997 4IÞterm conviction loosely -- within the past five years of the. of the new charge or the new case. I would interpret -repeat- to mean that you were out of compliance, you got into compliance and then you got out of compliance again, under the statutory scheme. What I believe happened at the last meeting is, or when this __ the notice of violation occurred, there was evidence presented that \ all of the units were occupied and that this board found a violation based upon circumstantial evidence, no direct testimony, but I believe the testimony was there were -- that all four or all the units were occupied -- I don't remember how many units -- at that point. So I am not so sure that there wasn't a finding of violation in all of the apartments. We have to go back and look at the transcript before we can decide whether that would be a new violation. MS. DEIFIK: In the order? MR. YOVANOVICH: Well, no. The order says that there are residential uses on the premises at the time, other than caretaker residences. That was the finding of the board. And I believe the testimony from Mr. Mazzone was that all the units were occupied, although he didn't personally see it. CHAIRPERSON LOLNIERE: Well, I guess '.,¡e' re at the point of, we have been told by our attorney that we cannot increase the level of the fines, unless we find that a repeat violation has occurred. So what -- how can our staff go out there and find __ I mean, what do we need to have to prove that a repeat violation ~is occurring, because obviouslý they use this continuing to be '" residential. MR. FLEGAL: Madam Chairman? CHAIRPERSON LOLNIERE: I mean, do you follow what I'm saying? -MR. YOVANOVICH: Yes. I understand you. CHAIRPERSON LOLNIERE: Yes, sir? MR. FLEGAL: May I ask our attorney a question? CHAIRPERSON LOu~IERE: Yes, please. MR. FLEGAL: Under the statutes, 16206, paren, 4 MR. YOVANOVICH: Okay. MR. FLEGAL: -- could we pass on to Health and Safety or something -- what it reads is that, -If condition causing violation presents a serious threat to public health, safety and welfare.- You have all these people living, it sounds like, using one bathroom, one kitchen. I mean, it sounds like some maybe Health and Safety, maybe even fire code violations. Can we pass that on to other departments to investigate that? MR. YOVANOVICH: Certainly staff is not -- this is -- the Code Enforcement Board procedures are supplemental to any other proceedings staff could bring for this violation, including if it's, you know, taking it to -- I guess it would be County Court at this point for __ MR. FLEGAL: Well, what I'm looking at is our $1.00 a day fine seems to not be of much interest to this gentleman, and it sounds like we can't increase the fine. MR. YOVANOVICH: Correct. 4IÞ MR. FLEGAL: I don't believe there is probably going to be a Page 9 16G 1 June 26, 1997 4IÞrepeat violation. based on wbat you just said. unless he corrects and then the next day -- MR. YOVANOVICH: Right. MR. FLEGAL: starts back again. So additional pressure, I would think, could corne from other departments __ MR. YOVANOVICH: That may -- right. \ MR. FLEGAL: Find other violations which could be more severe. MR. YOVANOVICH: Absolutely. That -- and, you know, staff, that's -- this board cannot direct staff to do any investigations, cannot, you know, and you know, recommend that. Staff has got to make those types of decisions. This board is limited to hearing the facts when staff has decided a violation has occurred. So the board can't direct any kind of investigation. MR. FLEGAL: Okay. Thank you. MR. YOVANOVICH: Sure. MR. BOLGAR: Madam Chairman? CHAIRPERSON LOUVIERE: Yes? MR. BOLGAR: In the past at this particular location -_ I think it was 1991 -- I had answered -- he had -- the owner had advertised in the newspaper renting apartments. I answered that ad. He took my money, wrote me a contract and I had cited him in court. Maybe we can, at least, if he advertises again -- and I'm sure he has in the past -- establish that he's in violation again by doing that. MS. DEIFIK: I think that's an entrapment. e CHAIRPERSON LOUVIERE: Jus't give me three seconds, please. I am confused as to why we are sitting -- why you feel that a repeat violation is not occurring out there. According to our findings of facts, it says, -The property is zoned industrial. The ir.du~t~ially-zoned property is not permitted to have residential uses other than a caretaker's residence. Residential uses exist on the property beyond those permitted as a caretaker's residence.- And we just heard today that we have people out there that are renting. So, I mean, it appears to me that this is, this is our findings of fact, this is our order, and he is obviously not meeting what is supposed to be there. So isn't he, in essence, repeating the violation? MR. YOVANOVICH: I think he's continuing the violation, in ffi}' opinion. Yes. He is just like any other person you have told to __ let's take an example of litter. If you have told somebody to clean up by a certain date __ CHAIRPERSON LOUVIERE: So that __ MR. YOVANOVICH: And they don't, your fine is, I will fine you X dollars a day until you get into compliance. And if they don't, they are continuing the violation you found them in violation of. They are not repeating the violation, it's continuing. They never cleaned it up. CHAIRPERSON LOUVIERE: Okay. I understand. MR. YOVANOVICH: And threw more stuff out there. CHAIRPERSON LOUVIERE: Even though if he changes the number of people that he's renting to? 4IÞ MR. YOVANOVICH: I don't know if he's done that. I don't know if Page 10 IbG 1 June 26, 1997 4IÞhe,s changed the number. We would have to go evidence at that time. I believe Mr. Mazzone thought all of the units were occupied. So I circumstantial evidence, you found that there occurring on the property. CHAIRPERSON LOUVIERE: So if he changes the number of people that he's renting to, then basically then the violation has changed. MR. YOVANOVICH: If he changes the number or if he changes the people, a person. In other words, if someone moved out and someone new moved in, I think that's a repeat violation, and staff would need to prove that through a noticed hearing. CHAIRPERSON LOUVIERE: Okay. MS. CRUZ: Mr. Yovanovich? Even though -- if he changes the number of the units, even though the order states if he is using a residential use -- I mean, it doesn't specify how many units. Isn't it -- I mean, he could have one unit or ten units, he's still using -- he's still violating by having a residential use there. Would that be considered a separate violation? MR. YOVANOVICH: Well, you know, I don't want to advise -- you know, I'm not going to advise staff on that. You've got to åecide what you want to do. I believe, based on what occurred at the meeting, there was testimony that there were five apartments out there, and I think it was five, and if he increases it to six, I think that's a different violation from what was originally brought before _this board. . CHAIRPERSON LOUVIERE: Just to clarify, what I hear from our attorney, in order for us to be able to, you know, to attempt to correct the situation, A,I have to have a repeat violation, not the coneinuous or the same violation. And the only way that we can ascertain that, or one of two ways that our attorney has mentioned, and one is, if the nUIT~er changes or if the people change. Now, I feel that -- I know that in the past we have asked property owners to give us names and addresses of the people they rent to in order __ like Collier County Sheriff's Department, in case they are having problems there. Couldn't we ask Mr. Wood for a list of the people that he currently has renting to? MR. YOVANOVICH: I think you can ask for that but I don't think he has an obligation to provide it to you. CHAIRPERSON LOUVIERE: Okay. So if staff found either of those cases, then basically we have a repeat violation and we can come in with a new order. MR. BOLGAR: Right. Staff obviously would like to meet with our attorney over this matter concerning the change in occupancy or the number, and if that constitutes the violation, obviously we'll try to figure out some way to establish that and get back to the board. CHAIRPERSON LOUVIERE: Okay. MR. YOVANOVICH: And also, you know, if there's any way under the ordinance that it -- maybe it's a new violation, I don't know. CHAIRPERSON LOUVIERE: That it's a new violation? MR. YOVANOVICH: If it's a new violation it can come back to the back and look at the testified that he don't -- and based upon were residential uses e Page 11 16 G 1 4IÞboard as well, new or repeat. MR. ALLEN: I wanted to ask staff a question, please. I don't want to stir this pot more than it's already been stirred. I would like to have a statement from Mr. Tomasino that whenever he made this agreement with Mr. Wood, does he believe it was a binding agreement and does he believe it was binding to the county? \ MR. BOLGAR: Mr. Tomasino, as you know, is no longer with the county. But we certainly would make an attempt to contact him. MR. ALLEN: I would just like to know that because that's that's a big determination in what we're going to do with this case, in the way I personally feel. CHAIRPERSON LOUVIERE: Okay. And that was really -- that's the other issue that we have on this matter, that there appears to be some sort of agreement that was, you know, formed years ago with a county with someone -- a Collier County staff member. And I would like to hear how binding that agreement is. I mean, are we going to leave this as is and allow this to continue or are we going to actually fine this person and make him clean it up? I mean, it's just __ we have heard this case for way too long. And I -- I really do not go one way or another. I just am to the point now where I just want it resolved and I don't know how to resolve it. But I am of the impression that other boarq rn~~ers here are not happy with the way this, this continuous -- this -- this item continues. Am I correct? ~ MR. PO~7E: You are correct. The board believed Mr. Wood, and my ~feeling, when he agreed to rectify the situation within thirty days and didn'e, and it was on th~t basis and the other circumstances that the board felt that a $1.00 a day fine would be appropriate. - MS. DEIFIK: Well, I __ MR. PONTE: The fact that he did not then comply and just ignored the entire thing is mind-boggling to me. I guess I'm just naive. I thought for sure he would have complied. CHAIRPERSON LOUVIERE: I voted nay on it. MR. PONTE: Yes, you did. CHAIRPERSON LOUVIERE: It was the only vote MR. ALLEN: I would like to make a comment for all of us that in doing this, there was a caveat that Mr. Wheeler and myself looked at and gave Mr. Wood an opportunity per the ordinance to make these tenants employees. And in fact if the tenants were employees, he could come into compliance. Mr. Mazzone has said today Mr. Wood did not take advantage of the caveat that was available for him, okay; i.e. if Andy Setron, or whoever worked at Johnson Tire, also became a part-time painter underneath Mr. Wood's employ, this used to become legal. Okay, but from what Mr. Mazzone has told us, he has not employed any of the tenants to do any of the work on the property, so therefore he's not in compliance, so __ CHAIRPERSON LOUVIERE: You know, this really -_ this really bothers me. This case really bothers me because if I have residentially zoned land, okay -- and I would love to have industrial ClÞland, and if I can go down to the county and if I can get some county June 26, 1997 Page 12 IbG 1 June 26, 1997 "'staff member to give me some sort of agreement that says. "Gee. Mireya, you can put up some sort of industrial thing on your residential two and a half acres," by golly, I've got myself a good deal. And that's not what our land development code is all about. That's not what our growth management plan is all about. That's why we have it. Okay. I'm sorry. So-- Linda, did you have a statement? MS. GRIFFIN: I was just agreeing with what you said. And I thought that the board started out sort of skeptical about his case and it was sort of unbelievable to begin with. And then I thought we took this sharp turn into leniency and we've corne back around to finding out that our skepticism was probably right on. CHAIRPERSON LOUVIERE: Okay. Celia? MS. DEIFIK: Anything I say would be re-hashing that last hearing. I think it's all in the transcript. CHAIRPERSON LOUVIERE: So if we don't have any more comments on this item, I guess staff is going to talk to your attorneys? MR. BOLGAR: Yes, ma'am. We'll talk to our attorneys and we'll certainly make this one of our priority cases, to get to the bottom of it, get some solution here. CI~~IRPERSON LOUVIERE: Right. And I want to apologize because I don't think -- I think staff has done a fine job. I think that our board has been divided as to how to approach it, and I think that's what's taking us so long, maybe, to resolve it. 4IÞ So the other -- if you could corne back to us on July 24 and update us on the status of this case, that would be wonderful. And the other Old Business is 6(8), correct? MS. CRUZ: That's correct. - - CHAIRPERSON LOUVIERE: BCC versus John H. and Carole Phillips, CEB nwnber 97-008. MS. CRUZ: Madam Chairman, this Respondent, John H. and Carole Phillips appeared before this Board on May 29. The board found the Respondent in violation of accumulation of litter and ordered the Respondent to comply by June 25, 1997. There was an inspection done on Jtme 24 resulting in compliance. I have an Affidavit of Compliance that needs to be recorded and filed. C~~IRPERSON LOUVIERE: Could you refresh my memory on which one that was; that was just the litter, the litter one? MS. CRUZ: That's correct. That's unlawful accumulation of litter consisting of trees, wood, cardboard, paper, all kinds. CHAIRPERSON LOUVIERE: Okay. Great. And you just have a motion to dismiss, is that what it is, that it's been satisfied? MS. CRUZ: That's correct. CHAIRPERSON LOUVIERE: Do you need a motion from us on that? MS. CRUZ: Please. MR. YOVANOVICH: I don't -- I wouldn't dismiss the case. CHAIRPERSON LOUVIERE: Well, not dismiss it. MR. YOVANOVICH: I would just have the Affidavit of -- accept the Affidavit of Compliance. 4IÞ CHAIRPERSON LOUVIERE: Thank you. Thank you. Page 13 16G 1 fa June 26, 1997 I make a motion we accept the Affidavit of Compliance on case BCC versus John H. and Carole Phillips, CEB number 97-008. Do I have a second? MR. PONTE: Second. MR. YOVANOVICH: Second. CHAIRPERSON LOUVIERE: We have a motion and two seconds. All in favor, signify by saying aye. It passes unanimously. There was one other case that I heard that I don't see back up here, or maybe I missed it because of the names. You know, I try __ I really try to concentrate more on the cases. The one where we were having some problems serving the property owner and where they were actually digging holes and disposing of some chemicals. MS. CRUZ: That was the Foster. CHAIRPERSON LOUVIERE: The Foster. MS. CRUZ: The Foster case. We're We're taking other notification process the notice for four consecutive weeks. the property also for ten days. CHAIRPERSON LOUVIERE: Okay. MS. CRUZ: We still can't locate the property owner. CHAIRPERSON LOUVIERE: You are still unable to I1S. CRUZ: No. CHAIRPERSON LOUVIERE: Is,the -- is the person that's currently 4IÞ residing in the house, is she helping you at all in trying to find the property owners? MS. CRUZ: No, not really. The only help she gave us was that __ what she stated at the hearing the last time. C!~~IRPERSON LOUVIERE: I think before in the past when that item carne before this board, there was an issue there that if we do not __ how can we approach the fact that if we never find the property owner, if the property owner never gets served, is that, is that, you know, issue -- HS. DEIFIK: Can ~o¡e publish? CHAIRPERSON LOUVIERE: Can we publish? MR. YOVANOVICH: That's what we're doing. MS. CRUZ: That's what we're doing. MR. YOVANOVICH: We're doing the secondary notice. MS. CRUZ: That's what we're doing. CHAIRPERSON LOUVIERE: Okay. Then publishing will serve notice on the, on the property owners, and we can proceed to hear this case. So I can see it in my next agenda package? MS. CRUZ: I believe it's scheduled for your August meeting. CHAIRPERSON LOUVIERE: Okay. Is anyone monitoring that site; are you guys going out there? MS. CRUZ: Yes, ma'am, we are. CHAIRPERSON LOUVIERE: I'm very worried about that site. Any other items before this board? MR. YOVANOVICH: The only item I have is, at the last meeting 4IÞ there were small revisions to your rules and regulations requested by advertising that notice. here. We need to advertise We need to post the notice on Page 14 1 6 G 1 4IÞ staff. r·ll go over them real quickly. The first item was the date of the meetings and they asked that we add the south board, so I put the south board's date of the meeting in there. These are going to be joint rules adopted by both the north and south board. The next change is on it's on top of page 4 of what's in front of you. Previously the notice was thirty days' notice. You requested that it be reduced to fifteen days' notice before the scheduled meeting. So that's been reduced to fifteen days. And what that did for me is, on section 4 it previously provided that the respondent had to provide their defense packet seven days before the scheduled board hearing. I personally felt that that was not an appropriate amount of time so I pushed that back to give -- that they had to provide that information four days before the hearing, which is going to make it a little close for board members to get their packet and review that, but when you count back in, had some Saturdays and Sundays in there, with that short time period it's hard for a defendant to get their packet of information together and to staff in time if you only give them seven days. So those are the only changes -- substantive changes to the ordinance -- I mean, to the rules and we would need a motion to CHAIRPERSON LOUVIERE: Formally accept. MR. YOVANOVICH: -- formally accept the revised rules for both the ~orth and south board. , 4IÞ CHAIRPERSON LOUVIERE: Before I make this motion, does anybody want to make any other changes to this? I'm sure our attorney doesn't he would like for these rules to stay just as they are for a .....hile. MR. YOVANOVICH: ~fuatever you are all comfortable with, I'm comfortable with. CHAIRPERSON LOUVIERE: Okay. I make a motion that we accept our new rules, not only for the North Collier County Code Compliance Board but also for the South Board, which, I'm verj pleased to report, they are interested in also using these rules and regulations and following them, which I think is great. Do I have a second? MR. PONTE: I'll second. CHAIRPERSON LOUVIERE: I have a motion and a second. All in favor signify by saying aye. It passes unanimously. Any other items, any other discussions? MS. CRUZ: No other items. All set. CHAIRPERSON LOUVIERE: Where is Linda today? MR. BOLGAR: She's on vacation. CHAIRPERSON LOUVIERE: Is she getting her nails done today? MR. BOLGAR: She went back home. She's trying to find Kentucky. CHAIRPERSON LOUVIERE: She's trying to find Kentucky. MR. BOLGAR: She's trying to find Kentucky. CHAIRPERSON LOUVIERE: Okay. Well, we miss Linda today, so we'll 4IÞ see her at our next meeting July the 24. June 26, 1997 Page 15 ~t;; __ ~ ..... _ ....._---:~"""'"___,..__.__.___ __ 16l:ì 1 . June 26, 1997 If there are no other businesses or comments, we are formally adjourned. ..... There being no further business for the good of the County, the\' meeting was adjourned by order of the Chair at 9:15 a.m. CODE ENFORCEMENT BOARD ~/'~ UVIERE, CHAIRPERSON TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY ELIZABETH }of. BROOKS it , e Page 16 _'_"O'''~_________~___''''''''~''_' 16G 1 o July 24, 1997 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD - NORTH July 24, 1997 LET IT BE REMEMBERED, that the Collier County Code Enforcement '0 Board North met on this date at 9:05 a.m. in REGULAR SESSION in Building ~F~ of the Government Complex, East Naples, Florida, with the following members present: CHAIRPERSON: Mireya Louviere Charles M. Andrews Richard Healey McCormick Fred Mueller Celia Ellen Deifik George P. Ponte Linda Griffin Cliff Flegal e ALSO PRESENT: Linda Sullivan, Code Enforcement Director Teresa Passmore, Code Enforcement Richard Yovanovich, Attorney for CEB Misc. Corres: Date: (/ Iteml# Norr1s Hancock Copies To: -- Conltlnttn' ~lc'K1. // "rr, =-~ Page 1 - (0 1 CODE 1ENFOR~ BO)JU) OF COLUD. Comn'Y'. n.oam.\ ~Sil!!n! .. Date: July 2., 1'91 at 1:30 o'clock A.H. t~c.tìon: col11ar county Gov.rn~nt Center, Ad=n. aldg, Jrd Floor ~: 14lrt Pø:JOf1 WHO PECIÐIS TO UP!.AL A DECU:OCC or TIllS ICAItD "'11,:' NEED JI. R!:COJ..D OF TH! PROCE.E:JDlGS PEP.TAIN1.'fC 'mUZ'TO. M'O TH1:J.EFORZ HAY K!:ED TO ENSURE TJL'T A 'In'aÞ.TTM UC'OIU) OF TK£ P1tOCØDINCõS IS t1J\.D¡. WS:CH ~J.O INCLO"D!.S THE T'ESTIMONY AND tv:;)!:fCI: UPON WHICH THE APpu.:., IS TO IE BASit). N'Unru cou.:tø. COUNt"'l NOT/. 11[6 coo. gn.""ORC~ BOJJtO SAAL1. BE RESPONSIBLE FOR PROV1DINC THIS a.lCORD. 1. 1!.QÑL o.L1. 2. l.PPROVAL OF A(inrt)a. 3. AP~ROV~ or MINUTES ". \)lnu.ts: Rv.nI~CS A. ace: ,... JOKN JC. LONO ~~ cn.,!o. '''-PP'' i. sce VI. 1'ON V. AUD au.DlIi. wtLLJAMSG.....:ÿ1'~_ tt\~~ p.P~ SrJAAT J. ~ 'NANC"I A. '-'n.oNG' en ICO. 97-014' 1,,0 ~ . C. lice v.. CRACt :OAAVJ.o:)VIC, TR....., wILLI""., ZOu.vxov:c. n.)c..d-~ en KO. 97-020 5. 1'œW ~usItn:ss 6. OLD BUSINESS 7. A. Bee TS. BRt1~~Aros RtPORT UPO~TS C) en 110. "-Oo( 1;I/A I. ~ Auc¡ust. 21, UH , . &122IU! e 16G 1 July 24, 1997 4IÞ CHAIRPERSON LOUVIERE: Good morning, everyone. Are we ready to start the July 24th, 1997 Code Enforcement Board -- North Code Enforcement Board of Collier County? Yes, we are in order, and I do not have my gavel, so we'll use my fist. I do not mean to be dictatorial. If we could please start with a roll -- before we go ahead and ~ start with a roll call to my left, I do want to say that I received a phone call from Jim Allen yesterday and he's going to be in -- in the Bahamas on some unforeseen business. It's true. That's what he said. I don't make this up, and I'd like to make a motion that we excuse Mr. Allen for his unforeseen business in the Bahamas. Do I have a second? MR. ANDREWS: Second. MR. PONTE: I'll second that. CHAIRPERSON LQUVIERE: We have a motion and two seconds. All in favor, signify by saying aye. And now if we could please have a roll call to my left. MS. GRIFFIN: Linda Griffin. MR. FLEGAL: Cliff Flegal. MS. DEIFIK: Celia Deifik. CHAIRPERSON LOUVIERE: Mireya Louviere. MR. l1CCORMICK: Rich McCormick. MR. MUELLER: Fred Mueller. MR. ANDREWS: Charlie Andrews. MR. PONTE: George Ponte. , ~ CHAIRPERSON LOù~IERE: Before we go ahead and we approve our ~agenda, I would like to have -- under new business, I would like to discuss housing in Immokalee. I've had a few phone calls and it's it's going to be just a very conceptual, just very -- just -- just some phone calls that I've received that I just wanted to bring up to staff's attention and just talk about it a little bit and see what we can do. okay? With further ado, I'd like to make a motion that we approve our amended agenda on July 24th, 1997. All in -- could I have a second? MR. MCCORMICK: I'll second. MR. PONTE: I'll second that. CHAIRPERSON LOUVIERE: All in favor, signify by saying aye. It it passes unanimously. I also make a motion that we approve our minutes of June 26th, 1997. Are there any changes to them? MR. YOVANOVICH: I have one. On page 14 of the minutes, it reflects that I seconded a motion and I -- I don't think I did. CHAIRPERSON LOUVIERE: Okay. MR. YOVANOVICH: So just make that one correction. I don't recall who the -- the other second was. There were two seconds, apparently, at that -- CHAIRPERSON LOUVIERE: Yes, I see Mr. Yovanovich is seconding motions now. If we could please correct page 14, that our attorney never seconded our motion. He's just not authorized to do so. He's here to give us counsel. So noted. 4IÞ I have a motion and a second. All in favor, signify by saying Page 2 r' _____..Q_,-"'''...._."'.H.·'_'_..._".''"'...".·..__'_r''_~~'~ 16G 1 July 24, 1997 _aye. It passes unanimously. Is staff prepared to present? MR. YOVANOVICH: Madam Chairman, before we begin the public hearings, there is one absence from the regular board members, so one , of the two alternates will be participating in -- in the deliberation~ and discussions. It doesn't really say how we -- we pick which of the two gets to participate. CHAIRPERSON LOUVIERE: Can I do it? Can I do it? Eenie, meanie -- MR. YOVANOVICH: However you want me to do it is fine with me. CHAIRPERSON LOUVIERE: I -- I don't want to make that decision. ~m. FLEGAL: Just pick. CHAIRPERSON LOUVIERE: Just pick? MR. FLEGAL: Sure. CHAIRPERSON LOUVIERE: I think, Linda, you didn't get to -- you didn't get to be involved in the last meeting because you arrived a little late, so if it's okay with -- with everyone, how about we let Linda participate this meeting, and then when we're short next meeting, it will be your turn the next -- how is that? MR. FLEGAL: That's fine. CHAIRPERSON LOUVIERE: Is that fair? MR. FLEGAL: Sure. CHAIRPERSON LOUVIERE: Okay. Wonderful. That's how we'll handle Ait. ~ MR. AllDREWS: I've got another idea. CHAIRPERSON LOUVIERE: Yes, sir? MR. ANDREWS: I can take off and they can both stay here. CHAIRPERSON LOUVIERE: No, we can't have that. Is staff ready? MS. SULLIVAN: Yes. CHAIRPERSON LOUVIERE: Okay. If we could please be presented with 4-A, BCC versus John K. Long, CEB number 97-007. MS. PASSMORE: Good morning, Madam Chairman. My name is Teresa Passmore and I will be sitting in for Maria while she is temporarily out. To present the case on Long, CEB number 97-007, the respondent is John K. Long. The location of the violation was at 125 Second Street Northeast, Naples, Florida, in the subdivision, Golden Gate Estates, unit 14, tract 34. MS. SULLIVAN: If -- Madam Chairman, this is another instance in where we have been unable to notify the person. The problem that we're baving with this -- these notice requirements and the -- the change in the rules and now we're having to post or -- or serve the notice of hearing ~s well, is we send these certified mails out, you know, well -- a month in advance and hope they come back. This is one that we can't -- we haven't been able to find. We have no idea where the man is, and I guess we need to go back and post and -- and advertise on this one. I'll defer to your __ CHAIRPERSON LOUVIERE: So this has not been posted then is what e Page 3 16G 1 July 24, 1997 4IÞyou're telling me? MS. SULLIVAN: MR. ANDREWS: them. MR. YOVANOVICH: Right. I -- I was gonna bring that up if Mr. Long wasn/t here, and apparently he's not. Again, this is -- and I noticed in the file, apparently there -- there was an advertisement in the paper of the board meeting, CEB meeting, but there's never been an advertisement in the paper for the notice of violation, so we have to go back and start the process. As we talked about this, if you can't locate the person, both the statutes and the ordinance require that you advertise or post all notices, which includes the notice of violation, so we talked about -- I think even on this very case, we talked about this either at the last board meeting or the meeting before that. CHAIRPERSON LOUVIERE: Yes, I th ;,nk we talked about it at the last board meeting. We were talklng ùbout the time lines. HE, YOVANOVICH: Right. CHAIRPERSON LO~¡IERE: I -- I don't understand why we just can't send it certified mail and post it at the same time, and that way, if the MR. YOVANOVICH: You -- you can. CHAIRPERSON LOU'v'IER£: And that v.ay, if -- if they do not actually sign for the certified. mail, then we already have the posting ~done and we can go ahead and hear the case. .., ~m. YOVANOVICH: And remember, we still have the issue about posting, be<.:ause the posting is permit.ted under the statute, bu~ the ordinance adopted by the county does not mention posting as an alternative method or providing notice and -- MS. DEIFIK: Can't we do something more aggressive about serving these people like we do in a -- in a civil lawsuit? HR. YOVM~OVICH: I -- there's nothing that prohibits you from doing that or staff from doing that. MS. DEIFIK: Because we're -- we're losing too many hearings this way. I mean, people are getting away with not responding by just avoiding the certified mail. MR. YOVANOVICH: The -- the alteI~atives are -- are, you know, certified mail, hand delivery, so if they -- they can track the person down and do hand delivery of the notice, right. MS. DEIFIK: Use a process server. hven if they're out of county or out of state, use a process server.. MR. YOVANOVICH: Right, and that's -- staff can do that. I mean, that -- nobody's -- I don't think anybody's ever told staff they could not do that. I know I haven't. MS. DEIFIK: I make a -- Madam Chairman. with your permission, I'd like to make a motion that -- CHAIRPERSON LOUVIERE: Go ahead. MS. DEIFIK: -- assuming that we believe we do, that we instruct staff 4IÞ process server and be more aggressive No. I thought -.. I thought we were gonna post all of '. have the authority, which I to utilize the services of a about getting service on these Page 4 16G 1 July 24, 1997 4IÞPeoPle. Miss Sullivan's an attorney. I'm sure she knows how to take care of this. MS. SULLIVAN: I think -- I think that's a good idea. We've, you know, not come to this point where we've had to do it and we're always hopeful that we'll get something back in time, but it -- you're right, , we're losing too many cases like this. ~ I have a note on here that this was sent to the Naples Daily News on June the 3rd, but I don't have anything -- any -- CHAIRPERSON LOUVIERE: Okay. Before we go ahead and vote and discuss -- before we discuss that, I think Celia has a motion to go ahead and not only to be able to set -- to serve these -- not only to send this -- these notices certified mail and also post them in the newspaper, but maybe to actually physically serve them. MS. DEIFIK: Yes, and I amend my motion to say so. MS. SULLIVAN:, We always try to get personal service first. The problem with advertising and the reason I don't go ahead and do that up front, it's like very, very expensive. CHAIRPERSON LOUVIERE: Okay. \Vhat about serving someone, how expensive is that? MS. SULLIVAN: I haven't checked into that. I know most of these people that we can't find are out of the county or out of the state. MS. DEIFIK: Twenty bucks. CHAIRPERSON LOUVIERE: Twenty bucks, if they're close? MS. DEIFIK: Even if you s~rve them in another state, often the ~sheriff's departments in other states aren't going to charge you more ... than 20, $25. Cfu\IRPERSON LO~JIERE: Well, I don't see what -- what making a motion to that effect is gonna hurt. It's just gonna give you guys another step, another way of getting to these people and -- and I think we need -- we need to have as many avenues as we can. MS. DEIFIK: I would amend my motion to -- to leave it to the discretion of the director to ascertain whether or not using a process server is appropriate in this circumstance. MR. HEDRICH: Yeah, in this particular case, Mr. Long has no known address. He's been on the move for several -- well, over a year now, hopping from one city to the next. CHAIRPERSON LOUVIERE: Okay. So we have a motion and a second. MR. MCCORMICK: Yeah, let me just comment. See, if we have never had any contact with Mr. Long, then I think that staff needs to take some action before scheduling it for the board in those cases. I mean, if you have contact during your investigation, that's one thing, send him the notice and expect for it to come back, but if we've never seen the guy, have no idea where he is, then you need to take other steps before it gets put on the agenda and other cases get bumped and then we have to hea,r it and discuss it and postpone it. MS. SULLIVAN: We -- we do have one certified receipt from him, I don't know, way back. MS. DEIFIK: Do you have any policies in your department concerning diligent search for these people? 4IÞ MS. SULLIVAN: We -- we -- yes, we just try everything we can Page 5 IbG 1 July 24, 1997 4IÞthink of, actually. MS. DEIFIK: Well, what I mean by that is, I don't mean just I mean, in the -- in -- in the sense that the term is used in the statutes and in probate cases, there's a list of things that you're, you know, supposed to -- hoops you're supposed to jump through to prove that you've made a diligent search -- MS. SULLIVAN: Right. MS. DEIFIK: -- making demand at the post office, making demand at the U.S. military, information services, those kinds of things, and I'm just wondering if maybe -- I'm -- I'm just asking if anyone has ever set out policies along those lines. MS. SULLIVAN: No, but I think -- I think it's appropriate that we do so now, because this has -- this has become almost a monthly thing where we can:t find people. MS. DEIFIK: Because usually what we do is we make demand on Florida Department of Motor Vehicles, you know, you know the drill. MS. SULLIVAN: Yeah. CHAIRPERSON LOUVIERE: Tracker dogs. MS. DEIFIK: Well, it's really -- it's not that hard -- CHAIRPERSON LOUVIERE: They're there. You can use them. MS. DEIFIK: -- to send out a few letters to a few pre-programmed addresses and -- CHAIRPERSON LOUVIERE: Okay. So we had a -- Celia made a motion and I'll second that motion. I,just -- I -- you know, I don't want ~staff to take this in a bad way, it just means that this is gonna to ~give you another avenue for you to be able to pursue these people. I've served this person, I'm not getting certified mail back and -- and now we can -- we can maybe take that extra step. So we have a motion and a second. All in favor, signify by saying aye. It passes unanimously. Now, do -- do you want to discuss, before your investigator leaves, so -- are we going to have to table this or did you say something that you might have notice you have served -- or you had newspaper -- you had put it in the paper. MS. SULLIVAN: I believe that if we have notice where it's advertised, if I go back and find the bill, it's going to be only for the notice of violation, I would have to go back. CHAIRPERSON LOUVIERE: Okay. So how long do you think you're going to take -- you're going to need for me to continue this case to, next meeting? MS. SULLIVAN: Let's continue to the meeting after next in case I have to go the four week advertising route. Cr~IRPERSON LOUVIERE: Okay. What date will that be? MS. SULLIVAN: , It will be the fourth Thursday in September. CHAIRPERSON LOUVIERE: Okay. I don't -- fourth Thursday in September. MS. SULLIVAN: It would be the September meeting, I think we CHAIRPERSON LOUVIERE: That's fine. So I make a motion that we 4IÞ continue case number 97-007 to our meeting in September, whenever that Page 6 1 6 G 11 July 24, 1997 4IÞmay be. Do I have a second? MR. ANDREWS: Second. CHAIRPERSON LOUVIERE: I have a motion and a second. All in favor, signify by saying aye. MS. DEIFIK: Can I make another comment on this? CHAIRPERSON LOUVIERE: Of course. MS. DEIFIK: One of the things I would hope that staff would do is make all efforts to get actual service, whether certified mail or personal service, rather than just reflexively relying on posting. It's been my experience with newspaper process that it's subject to attack and most often gets overturned and you've wasted all your time and effort. CHAIRPERSON LOUVIERE: Okay. next case? MS. SULLIVAN:. Yes. CHAIRPERSON LOUVIERE: Case number -- CEB number 97-014, petitioner -- or BCC versus Tom B. and Alan B. williams, Stuart J. and Nancy A. Raymond; is that correct? Okay. MR. YOVANOVICH: Just some preliminary comments. As you'll recall at the last meeting, the petitioners -- I'm sorry, the respondents were here and had agreed that they had received proper notice for today's hearing. I don't know if both respondents are here or not. Are they? Okay. ~ C}~IRPERSON LOUVIERE: So all respondents are present and they ~have agreed that they have received proper notice to -- to present to the -- for this case. If staff wants to proceed. MS. SULLIVAN: Yes, ma'am. CHAIRPERSON LOUVIERE: If you could give us just a little bit of background so -- some of the board members are -- maybe will be voting on this issue today were not present at the last meeting, so if you could just bring us real quick up to what this -- give us a little synopsis of what this case entails. MS. PASSMORE: Yes, ma'am. CEB number 97-014. We've already stated the respondent's name. The location of the violation is in the pine Woods Circle, Naples, Florida in the subdivision Pine Woods, tract J. Description of the violation is accumulation of prohibitive exotics, basically Brazilian pepper, on a common lot not proposed for development, which was in violation of the Collier County Land Development Code, Number 91-102, Section 3.9.6.6.3 titled, prohibited exotic vegetation shall be removed in this state from all rights of way, common area tracts not proposed for development and easements prior to the preliminary acceptance of the phase of the required subdivision improvements from within the associated phase of the final site developInent plan prior to the issuance of a certificate of occupancy, and I do believe we do have a settlement agreement in this particular case. e MS. SUI,LIVAN: '. So are we prepared to listen to the We had -- I -- of course, I wasn't here last Page 7 IbG 1 July 24, 1997 4IÞmeeting either, but I looked at the tape and I believe the board's direction was to try to come back here with a settlement. CHAIRPERSON LOUVIERE: I believe the way it was presented to us was that currently the way the exotic ordinance is set forth, we cannot -- we have to slash and treat, and that if we use the old ordinance, that there's a -- a cheaper method of being able to remove .. these exotics, and I think the board -- actually, staff, was going to work with the property owners to use the -- the older ordinance, if I am correct here, to that -- so that the cost wouldn't be so prohibitive. MS. SULLIVAN: That's right, because the bids that -- I -- I don't know how much background you got on this -- this property before. It's really an unfortunate situation for everyone because these respondents took this piece of property by quitclaim deed in order to be able to maintain it because it hadn't been maintained. What they bought themselves was about a 45 -- 45, $50,000 exotic problem on a landlocked piece of property, no less, and it's put the county in the position of, you know, I have a $60,000 a year weed budget and -- and $50,000 to -- to try to get into this land and restore whatever we would tear up getting in there. I mean, it's just really a bad situation for everybody. The problem that I have with this whole case, and I usually don't have an opinion, but this started out as a -- a neighbor/neighbor problem and we worked with those people -- we worked with everybody ~here trying to get a settlement and, you know, I find of feel like my ~department's been used because the complainants came in the other day and asked me to withdraw the complaint. I advised the complainants that I didn't think I could do that because it was already before the board, but this is a -- you know, this is a case where we now have a settlement. People were unwilling to work, and I just -- on the record, I just would like to -- to say that I hate it when we're used like this to advance a -- a civil personal problem. But having said that and vented -- CHAIRPERSON LOUVIERE: I hate it when your department is used like that also. I mean, we do not have -- Collier County taxpayers should not get the bill because people can't get along. We've got other things, other bigger issues to -- to look at and to worry about than, gee, I don't like you, so I'm going to call the county and cause all kinds of problems for you. MS. SULLIVAN: Thank you. CHAIRPERSON LOUVIERE: So said MS. SULLIVAN: Thank you for allowing me to -- CHAIRPERSON LOUVIERE: We'll give your department an "atta boy" for actually solving the case or not -- I don't know if solving is the right word. By ge~ting everybody to talk to one another and work things out. MS. SULLIVAN: This is the recommendation from staff. I believe this would -- would pretty much make everybody happy without costing the county an unreasonable amount of money to abate this. The 4IÞ respondents have agreed to remove the large Brazilian pepper tree Page B 16G 1 July 24, 1997 4IÞlocated near the complainants' property line. That's -- that's the major problem. There's a second Brazilian pepper tree which is not as obnoxious, let's say, that they have agreed to chemically remove. These trees have been tagged. Everyone's aware of which trees they are. They've also agreed to maintain a 15 foot buffer between the complainants' property line and the lake -- lake to eliminate any exotic growth or regrowth, and the weeds in excess of 12 inches or other mature growth which may overhang on the complainants' property. In other words, they've agreed to keep a strip there, maintain it free of exotics, weeds, whatever. MS. DEIFIK: I don't understand. We're making a -- an agreement on behalf of the county to protect one individual's loti is that what you're saying? MS. SULLIVAN: No, I'm saying MS. DEIFIK: We're only going to keep the exotics from this particular person's lot? Isn't there another way of phrasing it so it doesn't look like we're just working for this -- whoever this person is? " MS. SULLIVAN: I don't see what -- I don't see MS. DEIFIK: Never mind. MS. SULLIVAN: I don't see where you're coming no, I think I think the best way to describe the settlement is, rather than do nothing, there's only a couple 9f trees that are -- that are ~troublesome on here, and we're asking them to -- to remove them. I ~don't know any other way to say it. They're also to submit an acceptable maintenance plan with Code Enforcement addressing the spray of exotic growth from said lot, particularly between the lake and the complainants' property, so -- CHAIRPERSON LOUVIERE: We need to have a time line on that. MS, SULLIVAN: Sixty days, I believe. CHAIRPERSON LOUVIERE: Okay. MS. SULLIVAN: All of this is to be accomplished within 60 days and, again, I'm just offering this recommendation to the board because I think the -- the county abatement is -- is not warranted in this case. CHAIRPERSON LOUVIERE: Any comments from board members? MR, MCCORMICK: Yeah, let me ask, is there a precedent being set here that we are allowing exotics to remain on a property which is against the ordinance? MS. SULLIVAN: That is the question, Mr. McCormick. I mean, that __ this is the board's, you know -- this may be a policy kind of thing that the board should look at. MR. MCCORMICK: Maybe we can hear a little bit more about what -- how you interpret ~he ordinance and how you cite violations normally. MS. SULLIVAN: Well, I would agree with you that, you know, the ordinance is clear that these things must be removed. There are cases, and there's not so much a precedent set in code enforcement where we will work with people, particularly with exotics when the 4IÞ removal cost is so much, to satisfy the complainant who may have Page 9 ----------- 16G 1 July 24, 1997 4IÞallergies or whatever reason and still, you know, accomplish the goal of -- of keeping the exotics away from the neighboring pr0perties. CHAIRPERSON LOUVIERE: Would -- would you mind very much if we listened to -- if we talked to Kim? MS. SULLIVAN: No, I would prefer that you talk to Kim. She can '. tell you more about where exactly these -- CHAIRPERSON LOUVIERE: Just because I know that Kim knows the -- the exotic removal ordinance. I think Kim wrote it, actually, in her spare time. MS. SULLIVAN: She's involved in -- CHAIRPERSON LOUVIERE: Could you identify yourself for the record? MS. POLEN: Okay. My name is Kimberly Polen. I'm an environment specialist here with the Code Enforcement Department. This development began in the 1980's and our exotic removal ordinance provision was established approximately October 1st of 1979, and that required the developer to remove melaleuca and Brazilian pepper on their property for each phase of development, and this particular tract J was incluQed in the phase one development of the project. So, thus, the exotic removal -- the plants should be removed and they should be maintained free of. CHAIRPERSON LOUVIERE: Where's the developer of this tract -- of this phase one of this development? MS. POLEN: Where is he' today? ~ MS. DEIFIK: It wouldn't matter. The property's been sold. ~ MS. POLEN: The -- the property has been handed over to the homeowners' association. CHAIRPERSON LOUVIERE:' association. MS. POLEN: I'm sorry, I apologize. Maybe you guys can add a little bit more light on that. Individual property owners own different common tracts in the area. CHAIRPERSON LOUVIERE: So basically there was never -- because mostly -- mostly in subdivisions, there's a homeowners' property association that is responsible for maintenance of any -- any -- anything that becomes a nuisance, you can go to the homeowners' property association, and there isn't one in this case, right? MS. POLEN: There are individual owners, I believe. The tracts vary. Now, in this case, we know the owners of this particular tract. They are common tracts up in front of the property along Airport Road and those are owned by different entities. MR. MCCORMICK: Kim, is this regrowth of exotics or was this just never cleared during the development as it should have been? MS. POLEN: There could be a mixture. There's a lot of -- a lot of new growth in the -- in the parcel. There are a few along the fence line that are very large peppers, probably some of the largest I've seen, but then there's other situations where they've got pop ash trees and the Brazilian pepper have been planted in the pop ash trees, so that's new growth. CHAIRPERSON LOUVIERE: Go ahead, Charlie. To the property -- to the homeowners' e Page 10 ... hwet"~..Iv~~w.:- . -..~.-------."".-,-- ---._- - . -.....- ..------- ---. -- - --- - .. IbG 1 July 24, 1997 4IÞ MR. ANDREWS: The way I understood, i~n't this kind of -- kind of a little swamp land? In other words, it varies with the time of year? MS. POLEN: Correct, this is known as a cypress area, at least that's what it says in the construction documents and it's used for water management purposes. MR. ANDREWS: In other words, doesn't doesn't -- whatever's in' there, it doesn't have to be -- the height of it has to be controlled annually, regularly? MS. POLEN: I'm not knowledgeable -- are you talking about the height of the water level. MR. ANDREWS: No, the grass and -- and -- CHAIRPERSON LOUVIERE: He's talking about South Florida Water Management having different guidelines. MR. ANDREWS: ,Yeah, and trees and all kinds of stuff that grows if it isn't taken care of this -- MS. POLEN: This is a much older South Florida Water Management District permit. In fact, the permits that I can find on the property are actually related to the Florida Department of Environmental Protection, which was known as FDER, Department of Environmental Regulation back then. MR. ANDRB~S: In other words, the party that's making the objection is just objecting to the particular trees, is that the is tha~ the deal or HS. POLÐ~: I cannot speak,for them. You'll have to ask the Aparty. .~ MS. SULLIVAN: Both parties are here. Madam Chair, if you would like, I can't enter these into the -- the record because I need them back, but if you all would like to look at the good pictures of this, I'd be happy to -- CHAIRPERSON LOUVIERE: That would be fine. Why don't we look at the photographs you have and then I believe that we should give the interested parties, if th~y would like, an opportunity to come up and speak to us. MR. SAMOUCE: My name is Rob Samouce, S-A-M-O-U-C-E. I'm with the Law Firm of SwaIm and Murrell. I represent Mr. and Mrs. Williams. For the record, we have agreed to the settlement proposal of the county here. If the board feels like they don't want to go along with that, I'll be willing, ready and able to defend this action today. I'd rather not have to get into that because I think it is the best settlement for all parties involved. Tract J was supposed to be part of the condominium association when the developer turned over. He did not do that. He did not deed the land to the association like he should have. Instead, he quitclaim deeded it to two of the owners. So these owners, you know, got it in their lap, didn't pay any money for it. It's basically just their backyard. There's a -- basically a moat or lake between the lots and where these Brazilian peppers are. On the other side of these Brazilian peppers, you have World Tennis Center and you have about three times as big an area of Brazilian peppers over there. The ClÞother side is the golf course of Country Club of Naples. Again, you Page 11 _....--~"_......-._..'" ~/~:~~;?~;F';~. ~",,~,-...,.. I.;¡.\~~ ',' . 0(._$;- ~~~'r{jfL'.. >r', r,(':"~ ;;,~~ ".,~ '<" :?~~?~~~Li~~: ...l H L/,,<' I. rJ":---;/'-,·,'-.,/;·~ ~:':,/t~~I{~-- ~;.r.., _~ '. ',' ".í~"1ê'\';· i.:/i,j\l.Y'J'" --!. ~."~)'~' ;r)-·);~'·':.'·-"'*'i . ,'\~"" \''- t, " ~< ~::.:... \ i'l., 'f ", _ ,., ~? _~.}:/t~.~!. :-::?'f;; '.. ,./ ,./ . -;. '\'\ ':- _¡ i~' ,'~ ( /;.', ~i ~~1 l~%;~~f~ ".,~' ,t':,· \ ~/ .',~ I~" "1\~. ~ '::;'t.;;f/,1·:~\' t .J.... '., .:1. .tf "...~' 'Þ.z,_·,~{, ') ,\- ~;;;C(..~~:, Ir"l'''(;~·JÅ.ÿ ~:~~~;tt .."1.~ l¡:j'<þ~¡;; {.)..~'" JJ't. < ~_\ l\" Jf, ,{./'--:\, '-: . .>~. .~I f~~~ï_;;:'~ ~ ·'.'f~r' '!-,~-::~j/\. .' ': ~",~. ~~~.(,~. :" ~ .. _ ...~. "7:~~~....'" ,:::-'¡. ~~~~"i~' "v~~;~ ~ :'~f<~~~~.~/ft ~,~-!-' :~~t.{?f::~:C';: ~t.·_;(-x:\( .:..;r }-'~ ': _.;'~J·.:·~.(.,;-y", ~~, ~. '.:-:;,. :r- ¡ ,\.~~~., ;':':i~/;i~ ,~~{ _\~""¡('M;~P,i.. ~~''6'>~:~''¥.''~'\~~ ',I, ~j'~r{~_yr}/~ ,;¡ -' '4· / "'<,", l' ~:,c,\<p'.j~~4~· ..,' ,<-,or "I" .1 -:'c·;·),~i0" ~..J): e .~';-. -X \,;~y!Ä",:~,t':~ ¿.l. ~~"f'''''''~'~:. \l tJ. ~~: \\:;~~~~~::~~\'~~ \. " ,.¡},>,-"..,\~~ ,.~,I~..~~~:¡ ~,' ~'.; '~.~\:', :'\...-·~t'..';.',,; ':;?i;¡~~Ù~·:~~ '-{,.'(-.,;xv· ::/If\~z/'l;¡;; ,.1'" ~\!t: .~l,y<, :/;:~~11.~¡j:, ... J "~ ~~~}~ ~¡ff~';d: ····,~'~·;r ,,' ,.,.: :,. ¡)c' \\,. .. .. /-,,' . ,~ / ../- " ;, . ~ ". '.~' " .: ! '...-/ :- " " ., ~, II' " ",-:> , - , < " lbb 1 July 24, 1997 ~ave tons of Brazilian peppers over there. It's a landlocked area. The parties involved are here today. There's nobody else involved with it. The cost of removing as alluded to by Mrs. Sullivan is extremely prohibitive. I think $50,000 is a low-ball figure. I think as they've already discussed in the reports, to have tc go get eminent domain proceedings, to come in through the non-water areas to get to this, either through World Tennis Center or through the golf course, in addition to the 50,000, would cost maybe thousands of dollars. Our parties, the respondents cannot afford this kind of removal and I don't think the county can either. It's not in the best interest of the citizens. What is in the best interest of the citizens of Collier County is the settl~~ent agreement that has been reached. CHAIRPERSON LOUVIERE: Thank you very much. Very well said. Any questions from board members? MR. PONTE: I have -- I have one for staff. Bill Bolgar said at the last session that he was going to investigate the ability to remove the -- the vegetation chemically at a price that he estimated would be in the range of about $1,000 -- MS. DEIFIK: Wouldn't you pollute the water? MR. PONTE: -- and the question is -- in my mind is, what happened to that question in -- in terms of did he find an answer, can it be removed for $1,000 or 6om~ other reasonable figure and can ~chemicals be used? ~ MS. SULLIVAN: Yes, chemicals can be used. That was the second part of the settlement, that one of the Brazilian peppers would be chemically treated. MR. PONTE: Rather than select a few of the Brazilian peppers, why can't the chemicals be used on the entire plot to -- MS. SULLIVAN: This -- this was staff's first recommendation to the respondents and they were -- they called me and said that they were against the -- the chemical treatment of the entire piece of property because it would look like a wasteland and -- and it wouldn't be very pretty. That was their first -- CHAIRPERSON LOUVIERE: In addition to that, you have a water management system and you are going to take chemicals and you're going to dump them into this water management system. I don't -- I'm not -- I know I'm not an environmentalist and perhaps I'm getting outside my realm here, but that does not sound like a good case scenario. MS. POLEN: Well, there's other techniques, like cutting the tree during the dry season just before the wet season comes on and oftentimes you'll kill pepper just by submerging the stump, and there is a lot of water on the property. CHAIRPERSON LQUVIERE: I know we're getting into a lot of -- a lot of different scenarios here and I think the important thing that we must understand is that we -- we -- we were talking about like a $60,000 tab, okay. That's a lot of money. We -- exotics -- exotics is just a problem that we have in Collier County. I don't believe 4IÞ that we are really setting a precedent by doing what we are going to \ Page 12 ;. 'f:~ {?·,:t,·-l" ~:'". "oj 1 bG 1 July 24, 1997 4IÞö0. I think that what we are doing is using good judgment and common sense. I mean, we are talking about a landlocked piece of property. We're talking about a very -- a very difficult piece of property to get to. I personally have removed exotics from my land. It is very difficult, very hard work. I think that -- I'm happy, this is just my thoughts, with what Collier County staff has managed to get the property owners to do and I -- I -- I think it's a viable solution to a difficult problem. That's what I think. Now, if other staff members can come up with a better solution that's not gonna cost the -- the taxpayers a whole bunch of money -- MR. PONTE: I don't see the reason for not pursuing Miss Polen's suggestion that the stumps be treated in such a way that it would affect the -- the health of the Brazilian peppers and they would die, that is if -- if the objection is to chemicals, then try some other means to get rid of the offending vegetation. I think that if we take any other course here, we do, in fact, establish a dangerous precedent. MR. MCCORMICK: Well, let me make a comment. Let me ask a question first. Williams and Raymond are the respondents and they're the 0~1ers of tract J and their property abut -- also abuts that tract J, right? So the other property owner that you mentioned that brought this case, complained in this situation, is that the third property O~ler, McGinness or is that somebody else in this -- ~ CHAIRPERSON LOUVIERE: She;s not privy to your map that you're .referencing. MS. SULLIVAN: No, I don't know, but if you need to ask them, the complainants are here. I'm not sure -- I thought the property was between the respondent and the -- MR. MCCORMICK: Well, who are we making this agreement with? You said that all parties are involved -- MS. SULLIVk~: The respondents. MR. MCCORMICK: Williams, Raymond and the county. MS. SULLIV~~: The -- the complainants are involved to the extent that they, I believe, have to allow access from their property. That's their -- the extent of their involvement in the settlement agreement. MR. MCCORMICK: What I want to know is the people MS. POLEN: I can pass around the picture to kind of refresh your memory if that -- that helps. There are four lots surrounding parcel J, which are in the pine Woods subdivision, and there is an easement access to this parcel J for maintenance purposes and it happens to fall between the two owners of the property today. MR. MCCORMICK: Okay. CHAIRPERSON LOUVIERE: MS. POLEN: Yes. MR. MCCORMICK: But what I want to know is the people who originally brought the complaint, are they in agreement with this proposed settlement and who are they? MS. SULLIVAN: Yes, sir, they are -- they're here, they're the So there is an easement access? e Page 13 ---..-.--..-- 16G 1 July 24, 1997 ~cGinnesses. I will -- to give you another little bit of background, I will tell you that the respondents and complainant came up with a settlement between them and that's when I was asked to withdraw the case and I told them that -- that because it was before the board and that we could not agree to some kind of -- of private settlement that ~ we weren't privy to or -- or couldn't bring to the board, so -- MR. MCCORMICK: Well, what I would suggest, if everybody is then satisfied with this settlement and agreeable to it, that's the reason why this case is in front of us, then I can agree to it to -- and to the specifics that you mentioned to solve this case, but I don't want to allow or -- in our -- in our motion to somehow grant tract J that it is now exotic free and not subject to the -- the rest of the ordinances that may pertain to it in regards to the weed ordinance or the exotic ordinance, because, you know, that will solve this case in front of us, but -- I mean, it shouldn't come back then. If all the parties here are involved in this settlement and agreeable to it, it shouldn't come back before us. MS. SULLIVAN: It shouldn't come back, but I had -- MR. MCCO~~ICK: And this will be one of a million pieces of property that will still have exotics on it in this county. MS. SULLIVAN: I had the same problem that you did. My first question was, what if there is a later complaint on this piece of property. ~ MS. DEIFIK: And if the property changes hands. ~ CHAIRPERSON LOUVIERE: Could I talk -- I believe the -- the people that brought the issue before the board or code compliance are here and they would like to speak. If you could come up, please. MS. MCGIl{NESS: May we both speak or shall we one speak? CHAIRPERSON LOUVIERE: Please, you both may speak. MS. MCGINNESS: This side or this side? CHAIRPERSON LOUVIERE: This side over here, please. Identify yourself for the record. MS. MCGINNESS: Barbara McGinness. I'd like to -- I'd like to begin by -- by saying that we're very surprised that this meeting has gone on this morning. We have met with our attorneys and as late as yesterday called and determined that -- that all parties had agreed to a settlement and that because this was a public hearing, the names could not be deleted, but that in fact, no one need appear this morning because Miss Sullivan was going to drop the case. I object to the fact that you think that you or anyone has been used in this case. Kimberly Polen can attest to the fact that we have been, on the average of every two months, stopping by Bolgar's office to determine the action that has been taken on this case. The case was begun on May 6~h, actually. We were cited for a mulch pile, accumulation of horticultural waste, which were exotic peppers and the like, which were on the abutting area adjacent to our property. At that time, we had just come through a very difficult period, a very difficult personal period, and rather than go into detail, let me 4IÞ just say that I believe that our neighbor took advantage of a very Page 14 IbG 1 July 24, 1997 4IÞvu1nerable time for us in citing us at that time. It was a -- a three year period in which my mother was being nursed by me and it was unmistakable that there were home health care workers attending our home during a -- a period just before Christmas of that year. Mr. Raymond and Mr. Williams became officers of the board of pine Woods Unit 5. Subsequent to that, three months later, we were cited '. for removal of a mulch pile that had been there for 13 years -- for 12 years, excuse me. In the matter of tract J, it was not gotten in the way that has been described. Yes, they did secure a quitclaim deed from the developer. However, this was done without the approval or knowledge of pine Woods Unit 5 Condominium Association. This was not allowed, it was not expected, it was not understood. For two years, from 1990 to 1992, we had the condominium paying the expense of attorneys to determine, in fact. who was responsible to maintain the area. I have just some data here, which talks about who is responsible to maintain the area. Now, it was not my husband's or my intention this morning to discuss any of this. We had an attorney. We have incurred a great deal of legal expense. We are not using the board, and indeed, we have been used, but we determined, my husband and I, that this time we were going to get to the end of this. It has been going on since 1990 and Miss Polen knows, she was in our backyard, and I said to her before she got into her truck at one point, Kimberly, I know you're ~~trying to get a rebid of this area so that we ca~ get some action. ~Mr. Bolgar has given everything from $1,000 for the cost of action to $200,000. I believe we frightened the wits out of Mr. Raymond and Mr. williams in believing that it would cost up to 200,000 to remove exotics. We were told two things. First, that the area was not worth anything. Therefore, why go into that kind of expense. We were then told from the attorneys' finding in December 11th of 1996 that indeed their property could be attached, their bank accounts, et cetera. We never expected it to go that way. We never wanted it to go that far. All we wanted was a just and reasonable settlement, which we thought we had reached with our attorney as late as yesterday. For you to bring this up this morning, Miss Sullivan, after you received our letter, I can't imagine what you have in mind, but I do want to clarify one thing, we have not used the Code Enforcement Board. Indeed, we have gone through a hellish year in which we've tried to communicate with virtually everybody in code enforcement. A question I have to raise this morning is, why were so many county investigators expended upon this issue since May -- or excuse me, we cited the corresponding parties on June, I believe, 11th, of 1996. Not for revenge, but to determine once and for all, who is responsible to maintain that area. Now, let me clarify one further thing. We, my husband and I, have paid for the buffer area between our home and the pond for 12 years. We purchased our lot and built our home three years before the 4IÞ Williams moved in, so that when they secured the quitclaim deed, this Page 15 --.'-- -'"--.- ----- IbG 1 July 24, 1997 4IÞwas a complete surprise to us. Indeed, I still believe, and my attorney -- our attorney still believes that there is a good case that this was unjustly done and incorrectly done and illegally done, as far as the condominium association is concerned, but the one thing I want to leave with you this morning, ladies and gentlemen, is that we have not used the Code Enforcement Board. Indeed, we have been used. We \ have secured legal counsel. We have acted in good faith, I think, from the very beginning. We made an agreement. We have stood by our agreement, and for you to bring it up this morning is a complete and utter surprise to us. We thought it was going to be dropped, and the implications as far as these people now sit on a property which is indeed in danger of being cited at any time by anyone in the county. We can't speak for that. We don't know what may happen in the future, but we do know that my husband and I made an agreement with our attorney, Mr. Reina, and we thought we had an agreement with the Raymonds and the Williams who signed a document saying that we had corne to a just and amicable agreement, and for Miss Sullivan now to bring this up when our attorney told us that Mr. Samouce and she had -- had talked and all we needed to do was show up this morning and say that indeed we dropped the case, but I'm telling you one thing, we are dropping this case. as far as we're concerned. not because we think we have gained something, because we have nothing more than we had in the first place~ and one last thing, we responded with an attorney because we received some very unfortunate correspondence from one of the ~complainants -- or one of the people being cited. so much so that we ~felt we needed to see a sheriff and we needed to see an attorney. So I want you to understand that this case is not as Miss Sullivan tried to portray it. We have not been uncooperative. and what I said to Kimberly Polen, and I think she can swear that this is the truth. as I am swearing before God that this all is the truth, when she got into her truck that day, I said, Kimberly. I hope when you rebid this that you will only select a small amount of trees so that it will be done. because I suspected even at that point that nothing was going to be done and that this was going to be stonewalled forever and forever, and she assured me, no. that this was going to be a legitimate bid. Two days later. all bids were off, everything had been changed and even a small twig has not yet been removed from tract J, but I'll tell you one other thing, this past -- I don't know the date, we had to call the sheriff because Mr. Williams was applying chemicals himself to an area of peppers that we had already cut back ourselves and we had paid for the pepper removal each year for, as I say, for 12 years, since 1984 when we built our lot. We -- we have cypress trees on that lot, we have sabal palms, and the sabal palms were maintained every year at no expense to anyone, not to the association, not to anyone. We've paid for that, and we cleared a swath so that it would be easy to maintain. You understand that pepper trees grow like topsy and they grow and grow and grow, and unless you keep them back, they will finally 4IÞ take over everything. I mean, we're not being unreasonable. Indeed, Page 16 1 bG 1 July 24, 1997 4IÞfor 12 years we personally did it and we personally contacted three companies to do it when we were no longer able to do it. I just want you to get to know the McGinnesses as they are -- CHAIRPERSON LOUVIERE: Yes, well, I want to -- MS. MCGINNESS: -- and not as they have been portrayed. CHAIRPERSON LOUVIERE: I want to thank you. I want to thank you,', but we do have other cases and I think we have given you plenty of time to express -- MR. MCGINNESS: Could I just say one word? I'm Don McGinness and I really don't think the county has to get involved in any exotic removal in that area, that we will maintain it ourselves as we have in the past. CHAIRPERSON LOUVIERE: I -- I think that there's some -- some -- there's a few clar~fications that I would like to bring up. When you bring a case to Linda Sullivan and she brings it to this board, then she cannot come back in -- in 30 days or 60 days later and say, gee, it just went away because this board's gonna want to know what happened to that case, and you made a statement that you would be concerned this -- the property owners would not be cleaning it up. That's why Linda is trying to get an order from this board so that if it doesn't get done, we can fine the members, we can fine the property O'NTIers, so that's why she's doing it. You -- you can't go to Linda and say, gee, I've got a problem, and then go tomorrow, gee, I don't. That's not how we work. That's ~not how this board is set up. That's not the purpose of this board. ~ HR. MCGINNESS: Well, see, the difficulty was, when we were -- CHAIRPERSON LOUVIERE: I want to clarify one more thing, sir. We are not here to determine .tract J's ownership. That is not what the purpose of this board is either, so if you're having an ownership issue and if you're going to keep coming before this board while I'm here -- MS. MCGINNESS: We did not initiate this, madam. We did not initiate this. Please understand that. CHAIRPERSON LOUVIERE: This is ar exotic issue. I have an exotic order to resolve this matter before this board. That's the issue that we are going to vote on. If you have an ownership issue, this board cannot clarify that. MS. MCGINNESS: We don't expect you to. CHAIRPERSON LOUVIERE: Take care of it in other ways, okay? MR. MCGINNESS: What -- what I was saying is that -- that the problem was that when we had a horticultural waste pile there, this was -- as we clipped the exotics, they were making a larger and larger pile, and when we were cited, we had to remove that pile. So at that point, we were no longer able to remove the exotics, and this is why we cited the -- the Williamses and Raymonds. We said, who is going to take care of this area at this time. Now we've reached an amicable agreement where we said that we will maintain that area and we will make no further complaints. CHAIRPERSON LOUVIERE: Wonderful. I like that. That is 4IÞ wonderful. Let's stay on a positive note. I like that. That's very Page 17 16G 1 July 24, 1997 4!Þgood. I cannot help you with any other things than your exotic issue and I'm going -- I would really, really like not to see this -- your -- MR. MCGINNESS: We didn't want them to be hurt that way at all. CHAIRPERSON LOUVIERE: Wonderful. That's very positive, so let's -- you have an agreement. MR. MCGINNESS: Right. CHAIRPERSON LOtNIERE: Let's go ahead and try to rule on this agreement. please solve it before -- between yourselves. I know you have a buffer issue. I know you want to keep your property looking great. I know it sounds like you've worked very hard. Just -- you know, I can't stress to you, keep up the good work. We have so many other problems in this county that -- I -- I hate to tell you this, sir, but yours is ~ small problem. May I be so lucky. May -- may some of -- the rest of the wcrld have problems like you. Do you know what I'm saying? MS. MCGINNESS: I know, completely. ClffiIRPERSON LOUVIERE: Okay. Good. Thank you, sir. MS. SULLIVAN: I just have one more comment, if I may. I just -- I think Maria's made it clear, but -- I'm sorry there was some miscoff~unication, but when these people came into my office and asked to withdraw the complaint, I explained to them that I could not do that without the board's approval and then I went back and explained to both parties that I could not ask the board to accept an agreement ~ that they weren't a party to, so I just want to clarify that on the ~record, please. CHAIRPERSON LOUVIERE: Thank you. Thank you very much. Yes, ma'am? Any other comments from board members? MR. MCCORMICK: I'd like to ask Mr. Yovanovich about his comments on the proposed settlement which solves this case but mayor may not be in compliance with the ordinance which was cited. MR. YOVANOVICH: Well, I -- I don't mean to duck the question, but I'm going to duck the question and ask Linda Sullivan, who is the county's representative, whether or not this settlement agreement -- the board can fashion any type of order it wants to get compliance for the violation. I need to ask Mis~ Sullivan, does this get compliance for the violation? MS. SULLIVAN: Kimberly has -- has suggested to me that to be in __ in good compliance with the ordinance, that maybe the agreement should have an exotic removal maintenance plan for the entire tract at some point. I mean, to answer your question, basically, no, the ordinance says that these, you know, these things shall be removed anywhere and everywhere, but as you know, as -- as we've talked, this is an unusual case 'and these cases do come up and -- and we have made agreements with people. MS. DEIFIK: May I inquire of Kimberly? You had mentioned earlier that, tell me if I'm interpreting this correctly, that slashing the bottoms of the tree trunks during the dry season might e Page 18 IbG 1 July 24, 1997 4IÞcause them to get waterlogged and die during the wet season. Is that -- did I understand that correctly? MS. POLEN: That is one tactic to remove vegetation. Under our vegetation -- I'm sorry. MS. DEIFIK: That sounds fairly cheap and doable; is that true? MS. POLEN: It's not gonna be doable on every single tree on the'· site. There -- there are trees that will have to be handled different ways. That's what a maintenance plan would describe, different techniques. MS. DEIFIK: But let me -- if I understand correctly, what you're saying is maybe this could be done on a long-range basis, slash the trees in the outer circle. When they die and rot or are removed, then you can move in and perhaps, over a period of years, make some progress on this lpt¡ is that reasonable? MS. POLEN: Correct. The goal of a maintenance plan is to attempt to get the site exotic free. You will never be entirely exotic free, but in terms of growth, maybe something that's less than a year old. So you're in there routinely maintaining, and many developers go about removing exotics different ways. Some do initial clearing activities by pulling them out mechanically. Some go in by hand methods and some go in by chemical methods. So there -- there are different techniques that can be spelled out and phased for seasons, because obviously we don't want to be using chemicals in a real wet s~ason. ~ MS. DEIFIK: All right. And -- and I understand the concerns ~ that both parties have raised and I know Mr. Samouce expressed some frustx'ation and Miss McGinness expressed some frustration, hey, we've agreed, let's let -- just ·let it die, but to me, this is very similar to a complaint made to the State Attorney's Office and then later people come back and say, well, we've worked it out. Well, that doesn't solve the problem for the people of the State of Florida and the state attorney's situation, and in this situation, I have a concern about enforcing the ordinance. CHAIRPERSON LOUVIERE: Okay. How much will it cost to get an MOT, maintenance of a -- or is it an MPE, a maintenance plan for exotics? Yeah, that's it, not an MOT. You would have to go to an environmental firm and then go ahead and have them corne up with a maintenance plan for exotics and they would have to phase it and they would have to come in with alternate solutions for different phases at different times, correct? So that would be prepared by an environmental firm? MS. POLEN: There are various educational research tools available to one. We have -- the Institute of Food and Agricultural Sciences has a lot of information about exotic removal, which I can provide anyone of you a little bit more detailed information. There are environmental consulting firms, land management firms, land clearing firms, and even a lot of lawn contractors are starting to get this as a routine maintenance into their programs. CHAIRPERSON LOUVIERE: And so but -- from what I understood and and maybe I'm wrong, was that part of the settlement was for them e Page 19 16 G 1 July 24, 1997 4IÞto come in with a maintenance program for the site. That was going to be part of our order. MS. DEIFIK: But only for that 12 foot -- MS. SULLIVAN: That's right. It says submissal (sic) of an accepted maintenance plan addressing the spread of exotics. In other words, a maintenance, not more removal is what -- what they had agreed to. MR. YOVANOVICH: So I guess the for them to get into compliance, the element that will ultimately lead to that correct? MS. POLEN: MS. DEIFIK: large -- I MR. YOVANOVICH: I think they're saying all of it at some point. It doesn't have to be today, it can be phased in, correct? MS. POLEN: Again, removal is taking away the viability of the plant. MR. YOVANOVICH: Right. MS. POLEN: So thus you can leave plants to die in place. MR. YOVM~OVICH: I'm sorry. Yeah, we're on the same page. MS. POLEN: Yes. MS. MCGI~ŒSS: May I just clarify? Who agreed to that, Ki~~erly? You said they agreed to it. Who did? ~ MS. POLÐ~: I was not in any of the discussions, I'm sorry, with .., -- with the respondents. MS. MCGINNESS: Well, but you made a statement, somebody agreed to something and I'm asking who -- who agreed. MS. DEIFIK: Nobody's gonna bind anybody to that. It's just discussion. MS. MCGINNESS: No, but a clarification. Who agreed? I'm only asking. Kimberly made the statement -- MS. POLEN: I'm sorry, I made the statement just a minute ago? You have to -- MS. POLEN: Would you read it back. MR. SAMOUCE: I'd just like to respond to Miss Deifik's comment about, you know, doing something lesser than full enforcement. To me, this is no different than if somebody's been charged with a felony and the prosecutor and the defendant decide on a misdemeanor charge or probation on a first offense, something lesser than the full thing. I don't see anything different here. MS. DEIFIK: You misunderstood what I'm saying, Rob. You've really Inisunderstood what I'm saying. We have -- and you're not aware of the problems that the board has faced in the past where the board has -- has had people corne before them as you have and they've worked out something that 'sounds equitable and we say, sure, fine, great, that sounds wonderful, and then later, we're pilloried for not enforcing the law or worse, we have a situation corne back a hundredfold, and that's why we're so sensitive to this. It's really ~not personal to your situation. It's just that we have been bitten by answer I'm hearing is, in order maintenance plan must include an the removal of all exotics; is Correct. Or at least the removal of the old growth or Page 20 ~,-,-~...,..,-_._,... " 16G 1 July 24, 1997 4IÞ these kinds of things before and we're all real -- MR. SAMOUCE: I understand. This is -- this is such a unique situation though. I would not see this as having any precedential effect anywhere else in the county. We're talking a very unique situation; landlocked, the three parties, the only parties who should or ever would be involved with this land are right here, you know. Nobody else in the whole county ever sees this land. They'd have to trespass against people's property. MS. DEIFIK: No, but what could happen is people are gonna come back next -- next year on a much bigger tract and we're going to say, you've got to remove the peppers, and they're gonna say, oh, but you accepted that deal last year in Pine Woods and you looked the other l¡Jay. I -- I like ypur deal. I would love to go with your deal. I would like to accept your deal. I would like to be done with this case, but we need to make sure that we haven't shot ourselves in the foot. CHAIRPERSON LOUVIERE: Well, I think that there is one important item that he continues to bring up, and that is that he has a landlocked parcel of land -- MS. DEIFIK: And maybe we can hang on that. I like that. CHAIRPERSON LOUVIERE: -- which constitutes a type or a form of hardship, which could be looked upon in that manner. It is hard to get to land to clear it when it is landlocked. I think he's said that 4t1\ three or four times now? . ~ MR. SAMOUCE: Yeah. !1R. FLEGAL: But do we -- could we not be in a -- there's four pieces of property that touch this, as I viewed that. You have three people involved. What if the fourth person complains after we vote and accept this, then we -- we can't do any -- he can't complain, because we've said, no, we've made an agreement, take out these two trees and everything else can stay. Now, the fourth party comes in who's not a party now -- CHAIRPERSON LOUVIERE: It would -- it would constitute a brand new case. It would be heard as a brand new case. MR. YOVANOVICH: No, it would not. MR. FLEGAL: What if these parties sell their houses? MR. YOVANOVICH: This -- this -- CHAIRPERSON LOUVIERE: It would not? MR. YOVANOVICH: -- this is the settlement. I mean MR. FLEGAL: That's what -- MR. YOVANOVICH: I'm sorry, I probably spoke out of turn. CHAIRPERSON LOUVIERE: No, please, go ahead. MR. YOVANOVICH: No, no, for the court reporter. This is the case. This is -- this is it. It will be settled at this point. If you accept this agreement, the county has spoken and this will be the end of the case. Nobody else can come in and say, I don't like what you -- you settled upon, I want to file a complaint. I mean, that 4IÞ would -- I think that would be -- I don't know if that's -- it's a new .. Page 21 16G 1 July 24, 1997 4IÞcase or a recurring CHAIRPERSON LOUVIERE: Wouldn't it be -- 11R. YOVANOVICH: If they've done everything they're supposed to do under the settlement agreement and they properly maintain and they live up to that settlement agreement, it is over. You can't retry them. CHAIRPERSON LOUVIERE: But wouldn't -- if you have different parties, ,."ouldn' t that constitute a different case? MS. DEIFIK: No, it's the same. MS. GRIFFIN: No, no. MR. YOVANOVICH: No, it's the same -- it's the same issue at that point -- MS. DEIFIK: I make a motion that we accept this agreement on the basis of hardship., MS. GRIFFIN: And -- and I'd like to add that I think it can be viewed as just an individual extenuating circumstance. It's not going to establish a precedent. It's its own unique situation. CHAIRPERSON LOUVIERE: Good, so my idea of hardship and the fact -- let's just go back and state that again. Could you state for the record that you have a landlocked piece of property, please. MR. SAMOUCE: Yeah. For the record, we have a very unique situation, landlocked -- what was the word you just used? Hardship C¡~IRPERSON LOUVIERE: Hardship. MF.. SAMOUCE: -- hardship case that is unlike any other tract of a land I know of and I don't think anybody else knows of anywhere in ~Collier County or the United States of America, for that fact. CHAIRPERSON LOUVIERE: Well, that's stretching it, but okay. So therefore, we have a parcel of land that has a hardship because it is landlocked and we have a -- a -- we have an agreement between Collier County to satisfy our exotic ordinance, which was proposed by Linda Sullivan, and we have a motion by Miss Deifik to accept this agreement -- MR. MCCORMICK: I need to make a comment. MR. ~~REWS: I second the motion. CHAIRPERSON LOUVIERE: Before we second the motion, Charlie, there's a comment. Go ahead. MR. MCCORMICK: I think that we can accept this today, but it has to include some -- CtßIRPERSON LOUVIERE: Maintenance plan. MR. MCCORMICK: -- form of a maintenance plan, and the reason that it has to be included is we're not going to be interpreting that maintenance plan on a monthly or yearly basis to see if it's in compliance. That's going to be staff's job. MR. SAMOUCE: That's -- part of the settlement agreement is a maintenance plan. MR. MCCORMICK:' For the whole site? MR. SAMOUCE: For the whole site. MR. MCCORMICK: Okay. Now, if that says it will be addressed in ten years, 20 years or when it's necessary, that's gonna be up to 4IÞstaff to approve that maintenance plan and to -- to actually enforce Page 22 IbG 1 July 24, 1997 4!Þthat and monitor that because -- MR. SAMOUCE: Right, it says an acceptable maintenance plan as part of the terms of the agreement. CHAIRPERSON LOUVIERE: You're going to need an MPE. MR. MCCORMICK: And there needs to be a time frame then that that plan is submitted to staff and is approved for this to -- MR. SAMOUCE: It says 60 days. ~ffi. MCCORMICK: Okay. MR. SAMOUCE: It's all in there. MS. SULLIVAN: I think we need to clarify one thing as to whether what Mr. McCormick is talking about is a maintenance, as far as in its present condition with the exception of the two trees or whether he's talking about, a plan that would eventually eradicate all the exotics. I think ~e need to be clear about that up front. MR. MCCORMICK: In that plan, there has to be language that the site will be in compliance with Collier County ordinance. It doesn't have to be -- I don't know if it needs to be tomorrow, ten years or one year, that needs to be approved by staff -- Cr~IRPERSON LOUVIERE: Okay. So-- ~ffi. MCCO~~ICK: -- but let me just say -- I mean, the reason that we have this exotic ordinance and we're talking about Brazilian peppers, it's not that people don't like to look at them, it's not that they're ugly and this is landlocked and nobody sees that. That's not the reason why we have proh~bited exotics. It's because the ~spread of these exotics is transported by animals and birds and they "'move into places and I'm talking like an environmentalist, but it hasn't been said yet, any property owner within three miles of your site may be offended that there's still Brazilian pepper there and that your growth of Brazilian pepper is causing exotics to grow on their property. So this is not gonna go away just because nobody can see it, just because it's landlocked, and I think the only way this board can accept this settlement and to say that this is going to be in compliance with the ordinance is if we have something in that plan which staff can come back to in later years, if necessary, to enforce the full language of the ordinance. MR. SAMOUCE: If you look at the plat that they filed this under, the area over at World Tennis Center, this whole area, is filled with exotic peppers, okay. This area is three times the area of what exotic peppers are on tract J. Same thing over here. This whole area is -- is contaminated with exotic pepper. MR. MCCORMICK: But you see, at any time in the future, they're going to need to be in compliance with this ordinance, this exotic removal ordinance and we can't now excuse you and then this other part of your site, which isn't -- hasn't been addressed -- MR. SAMOUCE: You're not excusing us. We've agreed to maintain the spread of exotics under the settlement agreement. MS. GRIFFIN: But that's not the removal. That's the spread. MR. MCCORMICK: That doesn't comply with the ordinance, in my opinion. MS. GRIFFIN: That's not the removal. e Page 23 -~.""' - ,..--.... ~.~.. ..--..... ~...- ----~- . _~__..__AI~ ......--.-..-. _~....__._ - .--,.- ,. -- ._ ~__JJ 16G 1 -- July 24, 1997 CHAIRPERSON LOUVIERE: Okay. So-- MS. GRIFFIN: Ultimately, we're not supposed to __ ultimately, for the -- for the well-being of everybody in this entire county, we are supposed to not have exotic plants because it causes damage, so I think the distinction theY're trying to make here is not just the management of the spread, but the elimination of exotic pepper plants. HR. SAHOUCE: Right now I can go -- I have an improved property house. I can go plant Brazilian peppers throughout my entire yard. It's improved property, and the code ordinance does not have any effect on my property. I can do that right now. MR. MCCORMICK: I think you'd be red-tagged within days. MR. SAMOUCE: Excuse me? ~\. MCCORMICK: You'll be red-tagged and you'll be required to remove the exotics. MR. SA!'10UCE: 'No, it's improved property. There's no ordinance for improved property. CHAIRPERSON LOL~IERE: He's right. He can go and put red peppers any~here he wants. He can plant anything he wants on improved property. He -- he's right. MS. POLEN; For. what kind of peppers? MR. SAMOUCE; Brazilian peppers. All the exotics. I can fill up my house with them. HS. POLEN: I'm sorry, sir. There is a provision in the code. MR, SAMOUCE: Not improved property. A HS. POLEN: Yes, there is.' It depends on what time frame you ..,built your home on, okay. If your home was built prior __ MS. DEIFIK: It's not relevant. CHAIRPERSON LOUVIERE: Yeah, let's -- let's just get back __ MS. POLEN: -- to 1979, then you would be exempt from removing the Brazilian pepper, and that could be the case on the property to the north of parcel J, okay. CHAIRPERSON LOUVIERE: Let's get back to the issue at hand. We had -- Linda, if you could please, for the record, tell us what the terms of the agreement were. I believe we had a motion and we had a seconà. We have a board member that is not completely happy. It sounds like Mr. McCormick does not agree with what you're proposing, but we still have a motion and a second that could be voted on, and if it does -- and if it passes -- or it doesn't pass, then we will look at alternate solutions, so for the record, Miss Sullivan, please. 1-1S. SULLIVAN: Okay. The physical removal of the Brazilian pepper tree located nearest to the complainants' property line on the lake side. Like I say, those have been -- they've been tagged. Chemical removal of a second Brazilian pepper tree located lake side of the complainûnts' property nearest to the rear fence. Apparently these are two of the largest ones. The maintenance of a 15 foot buffer between the complainants' property line and the lake to eliminate exotic growth, weeds in excess of 12 inches or other mature growth which may overhang the complainants' property. Submissal of an accepted maintenance plan 4IÞWith code enforcement addressing the spread of exotic growth from said Page 24 16G 1 July 24, 1997 4IÞlot between the lake and the complainants' property. All of this is to be accomplished within 60 days of this date. CHAIRPERSON LOUVIERE: Wonderful. MS. SULLIVAN: There is -- I don't want to get -- you know, I don't want to get the board in trouble later on on the record, but we had cited these people, and I think Mr. Bolgar explained this to you '. all last time, under one ordinance and we would cite them under another ordinance that was a bit more lenient; is that correct, Kim? MS. POLEN: Correct. H5. SULLIVAN: Because of the -- the list of exotic removals? MS. POLEN: It's because the techniques that are available under exotic removal definition in the code are different than the weed and litter ordinance addresses. MS. SULLIVAN: But anyhow, we have properly cited them under that , . one too, and I made packets today to pass out to the board 1f we were going to get into a full blown hearing and not go with this settlement agreement, so I think we're covered, you know, under that ordinance. The only other thing I would mention is, we've used the term landlocked because the information that has come to us is that it would be very difficult to get the kind of equipment without going through other people's properties. Kim has -- has told me that she believes technically, it is not landlocked because there is a -- some kind of a maintenance easement on it, but I don't think it matters as far as the board with the settlement because I still believe it's a hardship case. I just wanted to clear that up. 4IÞ CHAIRPERSON LOUVIERE: So we have an agreement between all parties. We have Miss Sullivan who has cited under a different ordinance. We have an unusual case before us, and I believe Miss Deifik had a motion and I believe Mr. Allen (sic) had a second, and therefore, all in favor -- MR. YOVANOVICH: Before we vote, I would just like, for the record, the -- Mr. Samouce to stipulate -- he's already stipulated that he agrees with the agreement, that he stipulates to the violation as it has been recharged under the new ordinance so that there's no dispute when I issue the order of the board saying it was a stipulated agreement, that he has stipulated to the new charge and to the outcome of the settlement agreement, and the board may, after this is approved, we need talk about whether there's going to be a fine if they do not get into compliance with the this settlement agreement. MR. SAMOUCE: I stipulate to that, if indeed the board votes to approve the settlement agreement. I cannot stipulate to that if it does not. MR. YOVANOVICH: I -- I -- CHAIRPERSON LOUVIERE: Is that okay? MR. YOVANOVICH: That's fine. MS. SULLIVAN: ' For the record, the change would be from ordinance 9147 to ordinance 9102, so that would be what this charge is under. CHAIRPERSON LOUVIERE: Okay. We have -- MR. MCCORMICK: I think we need to vote on this, but let me just 4IÞ say -- add one comment. If this motion doesn't pass, then what I Page 25 ]...,1WII"',.._~.,.~.,..~,~_r....~ ~_ __'v_ .--..- ,- - IbG 1 July 24, 1997 4IÞwould do is I'd offer that that settlement agreement just change the -- the language part where we said addresses exotic growth, so that it's in compliance with ordinance 9102. Cr~IRPERSON LOUVIERE: Okay. We have a motion and we have a second and -- MR. ANDREWS: Madam Chairman, you said -- I, Mr. Andrews seconded it, it wasn't Mr. Allen -- CHAIRPERSON LOUVIERE: Oh, you are right. 11R. ANDREWS: -- for the record CHAIRPERSON LOUVIERE: Mr. Allen is drinking pina Coladas in the Bahamas. Oops. MR. PONTE: Madam Chairman, I'd like to ask one question, before we vote, of Miss Sullivan. If there had been no complaint here, would the Code Enforcemept Department have cited this piece of property itself, that is, acting proactively rather than reacting to a complaint? If an investigator had seen this violation. would the department have taken action? MS. SULLIVAN: No, sir, we would not have. We are working with the exotics because of the expense and because it -- it requires a named complainant. We don't take anonymous exotic complaints on a complaint basis. We are working -- we have a draft of a new weed, litter, slash, exotic ordinance, that if that would happen, we would probably need some staff to be more proactive. but where this property is located, no, this is not something that an investigator would get on a patrol case. . 4IÞ CHAIRPERSON LOUVIERE: Okay. There you have it. So we have a motion and a second. All in favor, signify by saying aye. It passes unanimously. MR. PONTE: Nay. CHAIRPERSON LOUVIERE: Oh, I'm sorry. I apologize. All opposed? MR. MCCORMICK: Nay. MR. PONTE: Nay. CHAIRPERSON LOUVIERE: Okay. Please note that we have two nays, Mr. McCormick and Mr. Ponte; is that correct? MR. PONTE: Ponte. CHAIRPERSON LOUVIERE: Ponte. I'm sorry. I always add that E to your name. MR. PONTE: It's there. CHAIRPERSON LOUVIERE: There was some -- there was some discussion about fining the property owners if they do not comply within 60 days, right, and I just want to, if -- if that does happen, then I just want to go on record saying that we do have that -- those capabilities. If this is not completed within the time of our order, that this can be -- come before the board. MR. YOVANOVICH: Actually, at this point you need to take a vote on what you think the appropriate fine ought to be. CHAIRPERSON LOUVIERE: If they do not meet -- MR. YOVANOVICH: If they -- if they do not comply with the settlement agreement. we need a motion as to what the fine per day 4IÞ would be, if anything, and -- Page 26 Ib\J 1 July 24, 1997 4IÞ MS. SULLIVAN: Or I might add if, you know, we've asked that there be a long-term removal included in this maintenance. If we can't reach an agreement, what I would propose is that I bring this back to the board in September to advise you whether the long-term maintenance plan has been -- been approved and, you know, if you want to vote now -- \ CHAIRPERSON LOUVIERE: That was -- that was not part of your proposed agreement though. MS. SULLIVAN: I thought that was part of Mr. McCormick's CHAIRPERSON LOUVIERE: No, Mr. McCormick -- Mr. McCormick never got approved. MS. SULLIVAN: Oh, I'm sorry. MR. MCCORMICK~ They have a long-term maintenance plan addressing exotic growth, tha~ was part of the motion you approved. MS. SULLIVAN: Okay. But anyhow, I would like to bring this back in September. I will give you a status report on it, tell you whether the maintenance plan has been approved, so I guess if you want to right now, you could propose a fine that would -- would attach at that time if it wasn't -- ~ffi. YOVANOVICH: Right. At this point, we need to decide what the -- the potential fine could be if they do not fulfill the terms of the settlement agreement. CHAIRPERSON LOUVIERE: Okay. Any -- staff, any recommendations? MS. SULLIVAN: Staff is always inclined these days to recommend ~the maximum fine. ~ MR. MUELLER: Which is what, Linda? MS. SULLIVAN: Which is $250 because we're talking about 60 days here to come up with a plan. I think that's ample time. CHAIRPERSON LOUVIERE: Some -- how do the board members feel about that, $200, is that -- MR. .~REWS: That's a little rough. CHAIRPERSON LOUVIERE: That's a little bit much? MR. MUELLER: Whom would the fine be directed against? CHAIRPERSON LOUVIERE: The property owners. MS. SULLIVAN: The respondents. MR. MUELLER: All three property owners? MR. YOVANOVICH: No, it would be against the two -- two responàents at this point, and we need to maker sure we clarify if it's 250 for each or, you know, 125 for each. Make-- UNIDENTIFIED VOICE: That's $900,000 a year. I think that's reasonable. MR. YOVANOVICH: I -- I think we need to make sure that we -- we talk about that there are two respondents and the fine is on each respondent. MR. ANDREWS: Two-fifty each? MR. YOVANOVICH: That would be 250 each. I want to make sure that's what you intend. If that's what you intend -- I just want to make it clear. CHAIRPERSON LOUVIERE: I think -- I -- this is just Mireya 4IÞ Louviere speaking here. I'm of the impression that I have people that Page 21 <~'~"-""-'''''>'~'.'' .................. IbG 1 July 24, 1997 4IÞare trying to work to resolve this issue. I think $150 (sic) is a bit excessive -- I think -- each property owner is a bit excessive. I think we have one -- it's -- I look at this more as one case, and I do understand where you're coming from, but you know, I'd just like to not see these fines go quite that high in this -- in this matter. Any other comments? MR. MUELLER: Do we make a motion to CHAIRPERSON LOUVIERE: Okay. So you make a motion that, you know, that you -- within the 60 days, otherwise you will be each property owner, but -- MR. YOVANOVICH: So it would be $50 a day. There's going to be two separ~te orders, okay? That's why I'm asking the question, is it $50 for each one o~ them per day? MS. DEIFIK: I still think that's too much. t1R. YOV&~OVICH: Okay. I'm just -- I'm just asking for clarification. I don't have an opinion. CHAIRPERSON LOUVIERE: What do you want it to be, Celia? MS. DEIFIK: I want this case to go away. CHAIRPERSON LOUVIERE: That's what I'm hoping to do. I'll trying really hard here. MR. PONTE: I think this board has seen before that when we became very lenient in fining, that the respondent ignored the promised action, and I think the fine must have teeth and I would ~concur with Linda's reco~~endation that the fine be $250 per day, per ,. respondent. MS. DEIFIK: I think that -- that your points are extremely well taken. This board has ce~tainly seen that before, but I think that we have to distinguish between a situation where we have some trees, basically, versus other situations where we've had real economic and public health issues. So I would suggest a fine of $20 a day. MR. YOVANOVICH: SO far, we don't have any motions. CHAIRPERSON LOUVIERE: Do we have a second? MR. YOVANOVICH: Is that a motion? CHAIRPERSON LOUVIERE: Is that a motion? MS. DEIFIK: Sure, it's a motion. CHAIRPERSON LOUVIERE: Do we have a second? All in favor, signify -- well, we don't have to. We don't have a second. Any other comments? MR. MCCORMICK: Well, we know we can always reduce the fine, but we can't raise it. MR. YOVANOVICH: a day? MR. PONTE: I'll make a motion that the fine be at 250 as recommended by staff. MR. ANDREWS: '1 second. CHAIRPERSON LOUVIERE: We have a motion and a second. All in favor -- is that $250 per person? MR. PONTE: Per respondent. CHAIRPERSON LOUVIERE: Per respondent. '. that effect? said 2507 Okay. I -- I you comply with our order fined $100 a day. Not to Mr. Ponte, do you want to make a motion for 250 " Page 28 ..--.. Ibl1 1 July 24, 1997 e MS. DEIFIK: Per day? CHAIRPERSON LOUVIERE: Per day? MR. PONTE: Per day. MR. ANDREWS: You can't do that. MR. YOVANOVICH: There's -- there's two separate violators, so there would be two separate -- CHAIRPERSON LOUVIERE: So he can do that. MR. YOVANOVICH: -- findings of facts and orders. MR. ANDREWS: Yeah, but 250 is the -- are we going to go the maximum on each? MR. YOVANOVICH: severe. C}~IRPERSON LOUVIERE: Okay. We have a motion and we have a second. All in favor, signify by saying aye. All opposed, signify by saying nay. It fails. I make a motion that we fine -- MR. MCCORMICK: I didn't make the motion or the second and I was the only one that voted yes? CHAIRPERSON LOUVIERE: We're having some fun now. I make a motion that if the -- the respondents, and I -- I'll stick to the motion, the respondents do not comply within the time allowed to them that they will be fined $50. It is $50 for both of them per day, okay? ~ Do I have a second? ~ MS. DEIFIK: I second that motion. CHAIRPERSON LOU\'IERE: We have a motion and a second. All in favor, signify by saying aye. MR. MUELLER: Mireya, does both mean each? CHAIRPERSON LOUVIERE: Both means that's all they get, $50 together. MR. YOVANOVICH: So it's $25 for each respondent? CHAIRPERSON LOUVIERE: Right. All in favor? It passes -- any -- everyone opposed, signify by saying nay. MR. ANDREWS: Nay. MR. PONTE: Nay. CHAIRPERSON LOUVIERE: Okay. So it passes, two nays and the rest went aye. Okay. Any other comments or questions? Okay. Can we take a five minute break so I can have some -- an alcoholic beverage, I think? (A recess was had.) CHAIRPERSON LOUVIERE: Okay. Is everyone ready? Is everyone here? We -- the Nortn Code Enforcement Board of Collier County, Florida of July 24th, 1997 is now back -- we are back to our public hearing, and I believe our next case would be -- is it four -- 4-C? MS. PASSMORE: Yes, it is. CHAIRPERSON LOUVIERE: Thank you. 4-C, BCe versus Grace '. You can if you believe the violation is that -- Page 29 . ""'_""~"""'_~""'_"''''''_''''__'''',";","___'''''_'~.__'''__'~~M_.'''"'_'_.__"",."...._..____"-~~~-.. IbG 1 July 24, 1997 4IÞzoravkovic I think, and it's case number 97-020. Could staff please present your case. MS. SULLIVAN: Okay. To -- to make matters easier here, I'm going to recommend that this case be continued. The reason is, we have the same problem, except in this case, we have tried to -- the certified mail card simply did not come back. We've -- we've gone as ~ far as trying to trace it through the post office. We do have a green card back from this person. This person has an answering machine at his business. We've left notices there and, Kim, is there some other __ there's some other indication that we have been in contact with this person and we believe this person has notice of this -- of this situation, but we can't get him to respond. MS. POLEN: The respondent's received certified mail twice, once on this particular, case and once on a returned canceled building permit, which was just received on the 15th of July. MS. SULLIVAN: We called as late as yesterday and left messages on his answering machine at his business, which we feel pretty much that has been, you know, notice of this case, but I would -- I would suggest that we continue it and go through our steps and post, advertise, whatever. Cr~IRPERSON LOUVIERE: Are we of the -- are you telling me that you do not feel that we have served proper notice or that we have served proper notice? MS. SULLIVAN: I'm saying ~hat we have not served adequate ~notice, in my opinion, because the man simply refuses to respond and ~we're going to have to go the other routes on this one. CHAIRPERSON LOUVIERE: Go ahead. MR. FLEGAL: If you got a green card back, he received notice. MS. SULLIVAN: This was of the notice of violation. MS. DEIFIK: Not of the notice of hearing. MS. SULLIVAN: Not of the notice of hearing. What has happened was, we were never accustomed to doing the notice of hearing as well as the notice of violation, and about two months ago, the board's attorney determined, and I agree with him, that we should have done that, so some of these older cases, we're trying to go back and get them notice of hearing in time for the -- the hearings. CHAIRPERSON LOUVIERE: Okay. So I make a motion that we continue case number CEB 91-020 until, did you say the September meeting also? To the September meeting of this board. Do I have a second? MR. ANDREWS: Second. CHAIRPERSON LOUVIERE: We have a motion and a second. All in favor, signify by saying aye. All -- it passes unanimously. I had new business that I wanted to discuss and then we can go to old business, if that's okay with everyone. I received a few phone -- I've noticed actually two things, this is the North Collier County Code Enforcement Board and it -- Linda, am I correct in stating that Immokalee is included -- MS. SULLIVM~: That's correct. CHAIRPERSON LOUVIERE: -- in this district? I have seen no cases e Page 30 16G 1 July 24, 1997 4IÞthat deal with Immokalee at all. I think that I -- I heard one at the very, very beginning. I never hear anything that goes on out -- out in Immokalee. MS. DEIFIK: Weren't there two, two Immokalee cases? CHAIRPERSON LOUVIERE: Or two Immokalee cases. Miss Deifik has corrected me. Two Immokalee cases. I have received phone calls that" there's a lot of issues with migrant housing in I~mokalee that are substandard living, they are part -- or we have a land development coèe and we have a housing code that enables us to look at the housing situation in Immokalee and -- and I can't quote, but I mean, I can't say where it came from, but I've been told that they have as many as six, seven, eight people living in very tight close quarters. I would like to see more cases brought up before this board that deal with this issue, so -- MS. SULLIVAN: Let me give you a status report on that. We have had a migrant labor camp problem pending for about a year. Last May, I put an RLS into the County Attorney's Office and a lot of these places, we were going out and their attorneys, the owner's attorneys would say, you can't do this because we're licensed by the state. Would you believe that I, a month ago, I got this RLS back, and after that, I met with the people from the state, because this is a problem that we've been trying to address, and basically, when -- I found that there are 110 of these things in Collier County licensed by the state, these migrant labor 9amp situations, and basically the ~state's requirements are so minimum that it is so easy to get these ~5tate licenses. The state doesn't -- they're required to inspect these places quarterly, but in their administrative regs, it says that they shall do this, and don't quote me on this, during normal daytime hours. Well, let's face it, folks, if they go out there during the day and they count beds and there's two beds, as far as they're concerned, there are two people that live there. There really isn't much by -- and I've been working on this for about a year trying to figure out, you know, how we can go about solving some of these situations. There -- you would be surprised with the state's square -- square footage requirements and what they require, how many people can legally live in the structure. I think it's 100 square feet -- 50 square feet -- 100 square feet for the first and like 50 for the other, and the state even counts bathrooms and kitchen areas. So I had this long talk with the state. I said, what can we do, you know, what do you think, and I got the attorneys involved, and what we came up with is, Mireya's right, we have not only a requirement in the LDC that says only -- no more than four unrelated adults can live in a structure, we also have the housing code, which our square footage .is 150 for the first person, 100, so that's more stringent. We don't count bathrooms and kitchens. We are formulating a plan as to how to go about inspecting these, because our problem is, first of.all, you can't find these people home, other than between usually ten or eleven o'clock 'till 5:30 in e the morning. Page 31 "...- 16G 1 July 24, 1997 4IÞ The second problem is, we're gonna have to get inspection warrants to get in these places. In the past, when we have known that there -- or felt that there were too many people living in a structure, we go there, you know, we try to -- to work with the people and, you know, may we corne in, how many people are living here, get whatever information I can, and for some reason, they are all either .. cousins or they are just visiting, and it is extremely, extremely difficult to find out who really lives there. So we -- we're jointly working with -- with planning and -- and all the departments in community development, with Tom Palmer in the attorney's office to try to see how we go about getting inspection warrants and formulate a plan to get into these places. CHAIRPERSON LOUVIERE: Okay. So basically I just want to go back and -- I was told that even though the state has some guidelines regarding housing, ,they're very, as you say, they're very loose and they're very minimal in that as long as local governments, they -- their standards are -- are tougher, we can go by our local ordinances. MS. SULLIVAN: That is their opinion that we just received and that's what I intend to do. CHAIRPERSON LOUVIERE: So we're going to go by our local stuff, our local ordinances and our housing code. That's one way. Another thing is, a long time ago I noticed that Barbara Cacchione's department, long range planning, had prepared a report -- actually she had asked for budgeting and I don't know if she ever received it and I ~would like for staff to follow through on that, on doing a study on ~substandard housing in Immokalee. MS. SULLIVAN: That -- that was done probably a year and a half ago or so. I may still have a copy of that. CHAIRPERSON LOUVIERE: I would like to see a copy of that, please. MS. SULLIVAN: I will tell you that we're -- we're quite proud I'm quite proud of my Immokalee investigator because he's managed to get, at last count, 19 to 21 structures voluntarily torn ~own in the last __ since I've been here, in Immokalee, with no cost to the government. CHAIRPERSON LOUVIERE: Well, I'd like to see a copy of that report if I could. That would be wonderful. Another thing that really worked in the past, especially in the Bayshore area, because we were having the same situation and actually, there, we had a little bit more of a problem when we were talking about drug dealing, and that was, we made -- I think we asked the property owners that they needed to provide us with a list of who was actually allowed to live in the place and who -- and -- and their relationship to one another, and I think that was obtained through the Sheriff's Department and I would like to -- to direct staff to see if they could do something to that effect also. MS. SULLIVAN: Are you talking about the nuisance abatement? CHAIRPERSON LOUVIERE: Yeah, I think I saw something like that being done during the nuisance abatement ordinance. MS. SULLIVAN: Okay. We -- we've discussed that before and we e Page 32 1 bG 1 July 24, 1997 4IÞcan't find any way to -- to actually go about either getting that information or verifying that information. I think it can be done in connection with the nuisance abatement thing because of the way we've got it set up that you must give to us a plan about how you plan to solve this or what steps you're gonna take, but we haven't had anymore of those cases at all. CHAIRPERSON LOUVIERE: Okay. Well, let's -- let's try to look at that. I mean, there's got to be some way maybe we can -- we can get that, because if we start listening to these cases, that's the first thing that's gonna happen, gee, you know, we're all related and so we __ we're gonna need to start figuring how to address that even before it comes up. Otherwise we're gonna spin our wheels, and maybe I'm wrong, but the last time I drove through Immokalee, it's kind of getting a little b~g, you know, and we -- there's a lot targeted to happen there and one investigator seems kind of low to me. MS. SULLIV&~: I would agree with you and I would love to have another one, please. CHAIRPERSON LOUVIERE: How do we get another one? MS. SULLIVAN: The board has given me one additional investigator in the October budget. CHAIRPERSON LOUVIERE: Good for us. MS. SULLIVAN: I could use five or ten, but we'll start with one. The other thing that I -- CIßIRPERSON LOUVIERE: Is that one going to be like a roving ~ investigator that you're going to send him where -- where he's needed .., or -- MS. SULLIVAN: Well, what I have in mind for this -- this new person is, I'm going to try something different probably the first of October, because I just have three replacement employees that I need to train, but maybe broad-banding enlarging the territories and putting a person in there who handles complaints and making the areas a little bit bigger, have someone else do :echecks, maybe have a three man team and try that and see how that works. We're willing to try -- try anything, but let me -- let me advise Mireya of another thing I'm doing with the state on this migrant thing, because let's face it, the state really doesn't have any teeth and they -- their -- their hands are kind of tied on this migrant thing, that when someone applies for migrant status with the state for a license, their first requirement is it must be a minimum of five people or more. We know with our land development code, that if they're unrelated, that's -- that's a boo boo in -- you know, under our code anyhow, so that that would be something that would trigger I would look into and see, you know, if it violates our code. The other thing is, there's a 14 day waiting period when these people apply for licenses. They've been turning that over to me, most of which -- most of them are in Immokalee, and I'm having my investigators go out, do what they can in that length of time to try to find any code violations, because the state -- the state statute does say, or their regs or whatever, that, you know, here's -- here's 4IÞ what the criteria is for our license. but you also need to -- to obey Page 33 _....----_.~. 16 G 1 July 24, 1997 4IÞstate, local rules, so any time I can get one of these ahead of time, find the code violations, I'm reporting back to the state, and supposedly, they're gonna try to make them fix the code violations before they license them. We'll see how it works. We've just started doing it. CHAIRPERSON LOUVIERE: Wonderful. At least -- I know it's a -- I know it's a big issue. I know it's a big problem. I know it's there. I b.ow it's gonna take time, but the -- the -- I'm not doing this because I'm Spanish and they're Spanish and that's why I'm doing it. I'm doing it because when people live in those close quarters, they they start -- it produces violence, and studies have been done that that's just -- it's just a very negative situation, so that's why I want to start seeing something done there. That's one issue. The other issµe is, I know that when we are talking about housing, not only in Immokalee, but in Collier County, we have to be concerned with when we do take some of these substandard housings down, then where are these people gonna go, so it's kind of like a two-fold problem. We have to also come up with affordable housing, and I think Immokalee is the place. r mean, land's still relatively cheap, I think it can be done and I think -- I like to see that staff's working on it and I -- every month, I'm gonna be on it, so -- MS. SULLIVAN: We're working with housing on that too. Let me ~Mireya's talking about if you all .with Immokalee. We had a sad situation last year where we had an -- an 85 year old lady living in what was intended to be a shed in Immokalee. She had no cooking facilities. She had no sanitary facilities, and of course, we tried to find a place and, you know, advise her that she could really do better, that she needed to get out of here, and she was giving the landlord her entire social security check for this, which was about three or $400 a week, or whatever it was. It was horrible. So every time that my investigator would go up there, you know, and she didn't speak any English and he was finally able to communicate with her, she would come to the door when she would see our truck, crying, please don't take this, this is my home, this is the only place I've known. It is a real hard situation in some of these cases. MS. DEIFIK: Can I ask Mr. Yovanovich, do we, as a board, have authority to give this kind of instruction to the staff or to initiate any kind of activist investigation or program? MR. YOVANOVICH: The board does not have any authority to direct staff to bring a case before this board. I think you can talk in generalities, but I don't think you can talk about specific situations, as far 'as enforcement goes. CHAIRPERSON LOUVIERE: And in this case, I have not spoken about any particular case. I've just spoken about just a section that is part of this board that I have noticed that I have no cases. Just a 4IÞ generality and that's what I have done. with housing on -- we always work give you a little example of what haven't -- are not real f~~iliar Page 34 16G 1 July 24, 1997 - MR. YOVANOVICH: All right. MS. DEIFIK: I -- I was just asking a question. MR. PONTE: I'd like to ask Miss Sullivan a side bar question about the new code enforcement officer and his responsibilities or her responsibilities. One of the things I'd like you to consider talking about is a -- assigning an area of specialization to a code enforcement officer, anyone of them, perhaps commercial specialization. With all of the development that's happening around, I just wonder, isn't there an area where a specialist might be needed? MS. SULLIVÞ~: I have four of those right now. MR. PONTE: Good. MS. SULLIVAN: I wish I had -- I wish I had some more. I have assigned specialists, which has really made a difference in the county in the last year and a half. I have a, of course, my environmental specialist, Kim, does all the landscaping and the exotic cases. I have one lady who does the weeds for the entire county. I coulG ~~e another one of those, and then I have an investigator w~o you see here a lot who does the detailed research for me when it has to do with the deeds, PUD's, going way back, he's very articulate, and to bring an investigator off the road when they have a case like that is, you knew, really time consuming, so we do, and it's working very well. Unfortunately, that only leaves me with ten investigators left for the whole county and I have ten -- ten districts, but yes, it does -- it does work extremely well. MH. PONTE: I know you're stretched. CHAIRPERSON LOUVIERE: What about private -- private people just, mean, just helping you? MS. SULLIVAN: We have those. They're called code volunteers, and sometimes they're a lot more dangerous than -- than my investigators. No, we're working very closely -- we get a lot of help from -- from the neighborhood association code volunteers. Having said that -- CHAIRPERSON LOUVIERE: Having said that -- MS. SULLIVAN: Having said that -- CHAIRPERSON LOUVIERE: -- let's move on. Okay. Well, thank you, I would really like to see that -- that report that -- that comprehensive planning did, so just so I can familiarize myself with the -- the issues, just what's going on out there and, you know, I'm not talking about a particular case, more of a situation and I'd like to see what -- you know, maybe every month we could just kind of touch on it. I know you're short-handed. I know you're working very hard at it and I appreciate it. MS. SULLIVAN: Thank you, Mireya. CliAIRPERSON LOUVIERE: You're welcome. MS. SULLIVAN: While -- while you're asking for code enforcement news, the citation ·procedure's scheduled to go -- the -- the new ordinance before the board on August the 5th. Hopefully, if that happens, it will take care of a lot of repeat violators and then the cases that should corne before this board will -- will be able to corne 4IÞ before this board. 8 I Page 35 16 G 1 July 24, 1997 ~ Also, the new people that I've hired to replace the three people ~who went to other jobs, I have advised each and every one of them that thou shalt work one split shift a week to deal with commercial vehicles and things after five o'clock, so we will see -- see how that works. Always open to suggestions. We're willing to try anything and everything. \ MR. PONTE: Thank you. CHAIRPERSON LOL~IERE: Thank you very much, and I believe the next item is 6-A, under old business, BCC versus Bruce Woods, status report, CEB number 97-004. MS. SULLIVAN: If you will recall, that's the case where the one dollar fine has been imposed. We have gone back, we can find no different situation than the last time, as far as being able to determine who, what and how many people. Again, we'll get into a situation where we would need an inspection warrant. What I have done is written an RLS to the county attorney, you Y~Ow, explaining the situation, explaining the legal advice we have gotten about not being able to increase the fines and simply ask, you know, if there's any other means that we might -- might use as far as getting the warrants or -- or just, you know, anything that might help us, so I'm waiting for that to come back and I'll keep you updated on that, but as far as since the last board -- Dennis Mazzone has gone back out there and he could not observe any additional violations without actually, you know, getting into all the units and -- and ê doing an investigation inside. . ~ CHAIRPERSON LOWIERE: Okay. Thank you, and you're thinking about doing that, right, or -- MS. SULLIVAN: We're ,just -- we're just looking for any way we you know, anything that we can. Cl~IRPERSON LOWIERE: He may not. Okay. MS. SULLIVAN: We may not be able to do anything other than what we've done. CIU\IRPERSON LOWIERE: I wish I could remember the case number, but they told me there is precedence, case law regarding who is -- who is allowed to make an agreement, who is authorized, who's legally authorized to make an agreement, because I guess Mr. Long's -- Mr. Woods' whole issue is that he had been authorized to make this agreement with county staff, and I think it was Corona (phonetic) versus somebody in key -- it was in the Key West area. I was -- I think there's -- there's case law as to who is authorized to make these agreements, and that might be something -- if I read -- if -- if I find the case, I may call our attorney so that you can start reading up about it because I think that if we -- if this item comes back before this board, we're going to go right back to square one, which is, he's going to -- Mr. Woods is going to state that he has an agreement with courtty staff and that it is binding, so I -- MR. YOVANOVICH: I believe he's already made that argument and this board did not accept that argument and staff vehemently opposed that argument, whether or not the -- the staff person had authority to -- to bind the county or not. 8 Page 36 ---,---,._~ .. 16G 1 July 24, 1997 4IÞ CHAIRPERSON LOUVIERE: Okay. So staff -- okay. Good. Any other reports? MS. SULLIVAN: I have given the final original copy of the rules and regulations to Mireya. Some of you haven't signed it. Please look, and if your name isn't on it, sign it today so I can get them recorded and get them in your books. CHAIRPERSON LOUVIERE: Our next meeting date is August the 2Bth, 1997. Any other comments from any of the board members or staff? Any other issues? MR. MUELLER: Mireya, I do. CHAIRPERSON LOUVIERE: Yes, sir? MR. 11UELLER: The issue's been raised several times about bringing cases before this board without proper notice being served CHAIRPERSON LOUVIERE: Yes, sir. MR. MUELLER: -- and I understand the problem. Linda, we've discussed it thoroughly, you and other staff members, but if I heard right, I think you said that you were a little reluctant or you had second thoughts sometimes about proceeding with a -- an investigator or somebody to personally serve notice because it was a little expensive? MS. SULLIVAN: No, no, the first thing -- MR. MUELLER: Did I mishear that? MS. SULLIVAN: The first thing that we try to do is serve them personally with an NOV and a notice of hearing and we get them to sign for it. In addition, we go back and always, if we -- if we can find ~somebodY in person and give it to them, we always send certified mail after that. I said that I had not used the service -- the process service yet because, frankly, you know, in a law practice, you do it, but it just didn't occur to me to do it. We've been going the the advertising and posting route, but it just takes so much time. If you -- in order to get these cases ready, you them well before a month to give the 15 days notice. that you get your -- your notice to them by certified if you don't, you have to post for four weeks. Well, into the next case. It's just -- MR. MUELLER: Would a processor speed things up? MS. SULLIVAN: Yes, if we can get the cooperation and get it done. I know that when I was practicing law, some -- some counties you can get service in quickly, some counties you can't. MR. MUELLER: And Mireya, another question, if it does cost dollars and somebody's difficult to -- to locate, can we recover funds in -- in applying the fines if somebody is in violation of ordinance? CHAIRPERSON LOUVIERE: to answer. MR. YOVANOVICH: And the answer is, absolutely, you can recover the costs of prosecuting the violation. MR. MUELLER: So I guess my concern or my objection is, I hate to 4IÞ see staff or any of us slowed down or limited by certain expenses in have to prepare Well, you hope mail, and then that puts us a few those the I think that's a question for our attorney Page 31 1 bG 1 July 24, 1997 4IÞfinding and locating people to come before this board. CHAIRPERSON LOUVIERE: I guess he's saying you can spend the money and then come back and tell us how much you've spent and then we'll make that part of our fine because we are -- we have -- MS. SULLIVAN: I know -- I know that the last -- the last advertisement cost me $600 for one. CHAIRPERSON LOUVIERE: That's substantial. 11S. SULLIVAN: And we have to pay it up front so, I mean, you can see that there's not a whole lot -- CHAIRPERSON LOUVIERE: I think it's a wonderful idea. MR. ~JELLER: Then Mireya, another thought or another wish I have, would it be possible for us to see some of the expenses that staff has relative to this board and its proceedings? I don't mean salaries or wages or anything, but -- CHAIRPERSON LOUVIERE: I want to see salaries, I want to see wages. I want to see the good stuff. No. MS. SULLIVAN: Sure, we've got -- we have all our advertising costs, we have all our deposition costs, we have our, of course, our attorneys, the attorney for the board, copying costs, certified mail cost. You'd be amazed. I'll see if I can put something together for you. MR. MUELLER: I think the board would appreciate a presentation like that once in a while. Is that acceptable, Mireya? CHAIRPERSON LOUVIERE: That's fine with me. I don't have any ~prcblems with any of this whatsoever. .¡, tffi. PONTE: Mireya, I have a question for Richard, I think. CHAIRPERSON LOUVIERE: Okay. MR. PONTE: Is it possible to levy a fine against a -- a violator who does not appear before the board? In other words, if there is a violation and a fine is levied against the violator, is there any need for that -- there to be a hearing on it? MR. YOVANOVICH: Well, the answer is, yes, once you've done proper notice, you can go forward with your hearing, find a violation, order a date for compliance. If they don't comply, then levy a fine. They don't have to be present, but you've got to get notice on them. Either they received the notice through certified mail or we attempted the mail and hand delivery plus one of the other things, which is advertising. Once we -- that would give us jurisdiction over the individual to then go forward and levy the fine. MR. PONTE: In other words, you can't fine the person just because -- after you put them on notice of violation, there must be a hearing? MR. YOVANOVICH: Yeah, staff has still got to put the evidence in and you've got to listen to the evidence and you've got to decide whether or not there was a violation. CHAIRPERSON LOUVIERE: Okay. MR. PONTE: Thanks. CHAIRPERSON LOUVIERE: I have a question for you. Who buys your ties? MR. YOVANOVICH: A higher being, the boss. - Page 38 Ibl:i 1 July 24, 1997 e CHAIRPERSON LOUVIERE: Very nice. Thank you. Just wanted to know. MS. SULLIVAN: This could have gone either way, Mireya. MR. YOVANOVICH: I'm hoping you liked it. If you didn't like it, I bought it. CHAIRPERSON LOUVIERE: Did your wife buy it for you? \ MR. YOVANOVICH: Yes. CHAIRPERSON LOUVIERE: She has excellent I met your wife. Good for her. MS. SULLIVAN: If I could, one more thing, Mireya, since I wasn't here last time. Mr. Ponte, did you ride with one of my investigators one day? MR. PONTE: Yes, I did. MS. SULLIVAN:, Was that educational for you? MR. PONTE: Absolutely, yes. MS. SULLIVAN: Good. I would like to reinvite everyone, particularly Kireya, to come take a ride for an hour or two someday. CHAIRPERSON LOUVIERE: Okay. Do I have to dress appropriately? Like what should I wear, combat gear? MS. SULLIVAN: If I were you, I would go for the jeans and the hiking boots. CHAIRPERSON LOUVIERE: The hiking boot look? Okay. Oh, and I was told by Ms. Sullivan that I have to correct the record, that last time when she was absent, she wasn't really getting her nails done, ~she was out getting -- no, she ~as -- she wasn't out getting lipstick, Wshe was out getting her nails done. MS. SULLIVAN: No, I wasn't -- I wasn't getting my nails done, as Mireya suggested on the r~cord. I did go back and watch the tape to see what you all said about me. I was at a lip gloss convention, so clear that up. CHAIRPERSON LOUVIERE: And now everyone will say we're having way too much fun up here, so I make a motion we adjourn, if there's nothing else, our meeting of July the 24th, 1997. MR. MUELLER: I second that motion. MR. ANDREWS: Double second. CHAIRPERSON LOUVIERE: We have a motion and two seconds. All in favor, signify by saying aye. We're officially adjourned. ..... There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:34 a.m. CODE ENFORCEMENT BOARD-NORTH -- Page 39 IbG 1 July 24, 1997 e TR1\NSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Heather L. Casassa e -- Page 40 ,----,---''''_...__._~.._......,~.~~...........'"------- -_........_,""...,..,-'~' x5~~ 16G EMERGENCY MEDICAL SERVICE ADVISORY COUNCIL (EMSAC) INFORMAL MINUTES 1 i August 6, 1997 2:00 P.M. ~... ,. -) EMERGENCY MEDICAL SERVICES HEADQUARTERS 3301 East TamJaml Trail Council Bob Laird Members: Sharon Hanlon Gary Young Bob Schank Fay Biles Others: Leo Ochs Diane B. Flagg John Yonkosky Barbara Brown Joan Young George Leamon Excused Members: Sheldon Reed Paul Gunther-Mohr Roger Evans Rhona Saunders Palma Fu~on Mike Da~¡C. Corres: Date: C1-,.~ 3 .£j 7 ltemH J tv .Ú¡ , Copies To: The regular monthly meeting of the Collier County EMSAC committee was called to order at 2:00 P.M. on Wednesday August 6,1997 by Bob Laird Chairman. Due to the absence of six members, no action would be taken at this meeting. Bob Laird introduced George Leamon, a visitor who was interested in joining the EMSAC group. Chairman Laird stated several years ago while on the Productivity Committee, several complaints were received in regards to the price of the ambulance bills, being to high. He had heard the ambulance bills were going to increase, and he was concemed. John Yonkosky handed out a weekly report sheet, it is the first time in 2 ~ years that OCR has been to -0- for status report. At this time COR is completely caught up with the run reports. All bills through the 19th of July have been processed. Trip Tickets have been received through the 2tt' of July and have been billed through 19th. On the status report under receipts last month $335,000 was collected, compared to monthly budget of $287,500. The annual budget divided by twelve months is how they derive at the monthly budget figure. That is just a figure to ~ork towards. Billing and cash flow is higher in certain months, cash flow is always higher in the last three months of the year. , / Norr 1$ {/ Hancodt Constant 1nt MaC·Kit Blrr1 j ý 16G 1 Fay Biles wanted to know how successful collection agencies were with collections. John stated that 25 to 30% is collected. Bills in collection are from October, 1994 to present. Leo stated DOR staff will be working harder to collect fees before being turned over to collection. The collection agency that OOR works with gets 20% of collections. Leo stated the EMS budget is funded through fees and ad valorem taxes. That split has been an average of 50 -50% over the past several years. When the DOR was formed, the board liked the idea of the flat rate, but they wanted to continued to keep pace with medical inflation, especially Medicare inaeases that may be past along from year to year. Staff recommended that be monitored and make recommendations acéordingly. Diane B. Flagg, handed out a brochure entitled ·Current Billing Methodology". She stated 43% of the total ambulance runs are Medicare runs. Medicare currently pays based upon $250.00 They will only pay 80% of $250. Regardless of what you charge. Patient pays $50.00 out of pocket. The total amount received for 43% of the bills is $250. OCR has to write off $52.00 as un- collectable, because the patient cannot pay. In the A0326 ALS specialized service, Medicare pays 80% of $282.00 y¡hich is $225.00. The patient pays out of pocket $57.00. OOR has to write off $57. As un-collectable. Under John Yonkcsky and Jeff Page's proposed option, mileage is a reimbursed expense, but it also creates several hundred dollars to the bill. They are proposing to have a charge of $4.00 per mile with a 7 mile cap. This is what Medicare reimburses. Actual mileage will be paid up to 7 miles. Base rate of $264.00 plus mileage. Medicare (per John's projection) is expected to increase their base rate reimbursem~nt January 1, 1998, from the current $250. to $292. Based upon that Medicare will pay $233. The patient would pay 20% of the $292, which would be $59.00. Mileage was not charged before as it made the bill too expensive for some areas of the county. There was no mileage cap previously. John stated he has an approved mileage rate from Medicare of $4.11. We can mix the revenue stream somewhat by reducing base rate and charging mileage and come out with more money realized. Since September, 1994 our reimbursement rate from Medicare is still only $250.00. John stated that is due to the 18 month window. June 1, 1995 our rate was $250,00. July 1, 1996 we increased our rate to $302. The rate has to be in place for a twelve month period ending June 30. Before they will give us an increase. More information will be available at the Medifest conference held in Orlanda, Fl., next month. 1 . Bob Laird excused himsolf as he had to leave early, but he wanted to thank Sharon Hanlon for all her efforts on the board, as this will be her last meeting as her term will expire on August 31, 1997. Sharon Hanlon said she would not support the increase based on the possibility that Medicaid will not pay the mileage and she felt we recently increased to $302 to lake advantage of what Medicaid pays, and if we are now going to reduce to $264 does that mean we have to wait the twelve months again if we need to increase again? Also, she feels there are some agencies that do not pay mileage. Diane stated that historically from 1994 to June, 1995 our rate was $250. Medicare pays $250. Twelve months later July 1, 1995 to June 30, 1996 our rate was $302. Medicare still only paid $250. Our rate has been $302, Medicare is still only paying $250. The next time frame they will look at will be July 1, 1996 through June 30, 1997. Once again our rate has been $302, we won't know until November, 1997 what are rate will increase to. Even though our rate was increased and has been qver the time frame they look at, Medicare has not increased our reimbursement. Leo Ochs wanted to know since we did not adjust our current rate on July 1, 1997 what kind of impact will that have on Janué1ry, 1999. John Vonkosky said it only has an impact if we wait a long time. Again, there is the possibility Medicare will pay only a flat rate. Leo Ochs said the budget figure for FY98 is $3,465,000. Fay Biles inquired if more information would be available after the Medifest Conference. Leo Ochs stated he would like a recommendation from the Advisory Board, to take back to the County Administrator. The committee agreed to wait until the September meeting to make a recommendation. Meeting Adjourned EMERGENCY MEDICAL SERVICE ADVISORY COUNCIL .-- 'W7'"P"____ 16G 1 AGENDA . SEPTEMBER 3.1997 2:00 P.M. HEALTH BUILDING· 3r«J FLOOR 3301 East Tamlami Trail CALL TO ORDER APPROVAL OF THE MINUTES OLD BUSINESS NEW BUSINESS 16G 1 MEMORANDUM FROM: Leo Ochs. Jr., Administrator Support Services Division John A. Yonkosky, Director Revenue Services Department TO: DATE: August 6. 1997 SUBJ: Ambulance Billing STATUS REPORT ON AMBULANCE BILLING Trip lïcket Received Insurance Information Obtained Coding Completed Data Entry Billúd (Electronic/Individual) Days Out (15 day lag) 07131197 07/27/97 07/27/97 07/21/97 07/19/97 07/19/97 o STATUS REPORT ON CASH RECEIPTS · FY 96/97 Budget for fees · Monthly Cash Required ( + 12) · Monthly Cash Required @ 07/31/97 (10 11mes $287,500) · Actual Cash Received Through 07131/97 (Y-T-D) · Overage (Shortage) Through 07131/97 (Y-T-D) · July Cash Collections @ 07131/97 · July Billing @ 07/31/97 · Medicare in process but not received $ 3,450,000 $ 287,500 $ 2,875,000 $ 2.615,248 $ (259,752) $ 335,134 $ 497,342 $ 99,608 COLLECTION AGENCY As of 07/31/97 $2,364,892 has been turned over to collection agency. ~, ".~.~,.__.",------- .. ~I I lf3l ~ 8 ~ 8 ° ~ .¡.I~'~ :::!" ...... "l ~ ~- ~- CX) ~O~I~~ ~~~M8~ .:>'WY~t-. .....(\I(f').....N..... Ä= @:\~ ..:..... 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I -- IblJ 1 CURRENT BILUNG METHODOLOGY MEDICARE - A0330: REPRESENTS ALS SERVICE, EMERGENCY TRANSPORT A0324: REPRESENTS ALS SERVICE, NON-EMERGENCY TRANSPORT BASE RATE: $302.00 MilEAGE: $0.00 MEDICARE PAYS 80% OF $257.00 -$205.00 PAT1ENT PAYS OUT OF POCKET $52.00 TOTAL AMOUNT RECEIVED ~ ;)50 MEDICARE - A032S: AlS SPECIALIZED SERVICE, NON-EMERGENCY TRANSPORT BASE RATE: $302.00 MilEAGE: $0.00 MEDICARE PAYS 80% OF $282.00 = $225.00 PATIENT PAYS OUT OF POCKET $57.00 TOTAL AMOUNT RECENED ~Ò· PROPOSED BILLING METHODOLOGY MEDICARE - A0330/A0324 BASE RATE: $264.00 MILEAGE @ $4.00 PER MILE WITH A 7 MilE CAP = $28.00' f 'C)C-~,ú-'J MEDICARE PAYS 80% OF $292.00 = $233.00 . PATIENT PAYS OUT OF POCKET ~_O, TOTAL AMOUNT RECEIVED ê292.0~ MEDICARE - A0326 BASE RATE: $264.00 MilEAGE @ $4.00 PER MILE Wn'H A 7 MILE CAP = $28.00 MEDICARE PAYS 80% OF $292.00 = $233.00 PATIENT PAYS OUT OF POCKET $~Oj) TOTALAMOUNTREC~NED ~ , - ~'..( (~\~I .. _."-~~.~-".."......~,_._--,~-",""".,-,..._...,_."",, 16'G 1 ROBERT D. LAIRD 1765 Ccutyard Wt!tf 1205-C. KIngs Lake ..... F10rida 34112 Ph. 941f793..0933 PERSONAL I have owned property at the above address for nineteen years and have been a resident of Naples for twelve years. OCCUPATIO~MPLOYMENT I have held a FIorida Real Estate license for the past eleven years. I hælØ handled project and development work as well as general real estate in Collier county. At the present time, I am a Realtor with Kersey..Quade Realtors; telephone SM11262-7533. I was previously associated with Andrea Deane and Associates Realtors. During 1993, 1994 and 19951 was assigned to the Pelican Bay Development - The Crescent I was a three million dollar producer each year. I am retired from The Underwriters Adjusting Co.lContinentallnsurance Company as a Regional Director of Personnel and Training. The home office was located at 1111 East Broad Street. Columbus, Ohio. 43215. I am presently self ~Ioyed as a part time Massage Therapist, holding Florida license No. MA 0016291. I have taught at The FIorida Health Academy, both in Naples and in Bonita Springs. I am also self err.ployed as a part time insurance Consultant. handling malpractice claims. EDUCATION Graduated from Jackson High School. Jackson, Ohio. Graduated from Ohio University, Athens, Ohio. BS Degree. Attended Ohio State University Law School and Graduate School, Columbus, Ohio. MIUTARY SERVICE LT. COR. United States Naval Reserve. Four years active duty. Served as CO of Naval Reserve Training Center. --. ---,,,"p,,,,.~ -,,-, "..."".,...,~-,-,.--., 16G 1 BUSINESS/CiVIC ORGANIZATIONS Member State of Florida Construction Industry Ucensing Board Member of East Naples Civic Association Member of Greater Naples Civic Association Member Naples Chamber of Commerce Member Collier county EMS Citizens Advisory Committee Member of Board Tiger Bay Association Member Collier County Productivity Committee Member Collier County Sheriffs Citizens Comrrission Member Citizen Advisory Committee for Collier County Drill Academy Member of Sunset Rotary Club Member Lely Presbyterian Church Member Collier Count'l1 00 Club Member Collier County Forum Club Member Naples Area Board of Realtors (eleven years) Member Professional Standards Corrrnittee (three years) Member Grievance Committee (three years) Member Education Committee (two years) Taught Success Series (two years) President Courtyard Condominium Association Vice President Kings Lake Home Owners Association Member Literacy Volunteers Association (LVA) (five years) Member Man·To-Man: Prison visitation and counseling (five years) Member Insurance Companies Education Directors Association Member American Society for Training Directors Member Citizens Advisory Committee for Collier County Growth Management Plan FRATERNAL ORGANIZATIONS Member all Masonic Bodies and Aladdin Shrine. Columbus. Ohio and Naples. Florida Member American Legion and 40 & 8, Naples. F10rida Member Elks Club of Naples, Florida FORMER BUSINESS/GOVERNMENT ORGANIZATIONS IN OHIO Former Member (Public Member) Ohio State Chiropractic Board (ten years) Former Member Ohio Governor James Rhodes Highway Traffic Safety Commission ."-... Rolen D. Laird Resume Page 2 0(2 ~ses ( ( 16G 1 CASH SITE DEVELOPMENT INC. 126039tb ~~ s.w. NIIpCa FIødd.a 34117 Ml-\M8-142.S 7 Aupat 1997 Sue FUson Ad.m1nlart:rattve Aaaløtant Bo.rd of County CClGUDlaaAona:a 3301 bat. Tamiaml Tra.U NzpJea FJ.odda 3-41 i:l DeAr Sex; I would. Wœto aabøt1t my name, Dan1d M.a11øowaId fOl" die Em~ Medical Sa:vlce AdvIsory Commi~. I ~ bœn a n:øid2nt of Co.Ukr County for 28 yan. aø.d a YOUr Irx 16 yure. Graduatecl from Le1y HIp Sc:booIin 1981 Attended St PeUnburz }tantor CoIJese aDd Edison Community CoI1ep towud.a Pab1k: Adm.büatnüon dep"<ee Employed by the City of Naples Flre Dqtartmeut ånar 198. State certified. E.M. T. Own and operate my site development ba.sIDn. few IQ yan I hone worked In the ßdd aDd fled ccuJd pI'Vridc --= ".jn.J.1e ImowIedge and Input to thJ. œmnnadty aDd ~..ttt~_ Raf«tÑlIy Sa.t.wntu.ed, ~ ~ß' rl:~· DamcI MaJ..InowuJd 1 . 1 6 G 1~: OBJECTIVE . ..~ ,~ ~ ;;1 " ~ ~:~ '~ fi1 ": c. " J 1 EDT. MAGUIRE 6322 T".Jlœ RAul, Nllpw, fL 31109 941 S9J.1J81B To be an activt putidpanl and to \&\1112:. my o.pcrlcna: In An and to ~nclÌl the dtizens at Cooler County. By belnl a rne.mbet 01 CAn brldgt! the communiCAtion rap bet~, the cummt ...scu. more OpM c:ommw\lcat1on b.tween the different qenda, and OlIanlutlon providing an efTcc:t1ve II!!Mœ to the citIzen.. ~:~ 1. ExPERJENCE. . ' , ., ~ . r: . , " ]OHNSONS Aut CoNCmONINC &.. RiFu:ll.\1'JJN. INC. PlUt PrrsJIÛrtt, 19 7S~1988 { !: . ... :1. \ Cowu CalMlY GovlAM.ŒNT DJr«1I:Jr ~ lHrWIf"'H1U ~ ~ 1988.1994 . o\. ..'\ ,. . ..' MActJ'Dli SNcINEDJNC SERVICES iNC. OwnCtt, 199+Pn::scnt ,. .' í " BoMD OF fUll CoMMISS1ONAS 0II11fI NokTH NAJus flU Co ~nucr ' Comm1.u1oner. 199.5.Pracnt C\ai rman. J ô\r1uaty 1997 ·Present CoWER. CalMlY f[U SiJlVJCE S'TEIiIUNC CcMMmEE 1995·Prcsent O1a.1rman &. REsctJa .. \. " ,', S·· i~ i :. 0, , , ( . , . r ~. ' , ' , ¡. La ., ~ 1 ¡ . , --""""',.,-,--~-~....-----"'...... -------- ---. _.~~:"¡'r ,-t .~. t" .-'I!' 1::< ~;.t:\ \;~..;.. ,}j\i-' .t(___ ..<. i' /. ;.oJ ~-IÌ,'" ., "" ,!\(.')./t;, ';' ,- ~j~'.. , ,·';l \ ", ~~~~:~¿7·',t~", ~;.$ß~~··tt; ~-i-'~'\~' ·~1\:'1<':~~·. (1tl'?{/:f~-. "~..à )i' > A'¡·f~, ',' 'i~~ ~ ;~fj{,~:{/", . oi",·'" ' .~ t~~~tJÙ'.'~.'¡,_ ',j ,~, ~,f,';: ~_.,~..),'\..... ~~.,; :J~k ';t.:·-~{· 1¡}~""\~2j: \,' ':r:··-w .~, ~,,'t.'I'-,¡¡- --:~¡¡,;~':-::: "~:~~ r," ;J'l ;-',iJïl ,."...' ~~{~.,~ t ; j~{ 4- ~~,5~~~~~.{:~;, ~ ;(1. <;b; ,.;" ;~,~r!. ;;"f:;/"'ì\'~' ;l~{':,:Y ;ß.'\~, ~ ~:;: '!-~:~~:t j~\::f~r:f\ ,,')f';!- "'4 ..0'''1,1/1,' t.f~ '~" -'", -;?:> Y' ':":I";;'¿,>"''''I , 141'-+ <{-r . ::~~rrç$ ::~~~.~~{~ '.~' ,"f, ¡,..\i~ ,:~ ;-O;:''r ~1); /).;,,,·---::1 .~ ;:':«,/j-f 1rif- ( ,:~ ,·'1'-/~..~', '''r. xÇ;·~~J.A~ ;.If '\'1"\--~";'\ .:~j(:,.)!~.~':i~L' 1\ "'~*J:/~: '~~f)\~~~;;g ~:'~f- '\":~ ",.\r¡:;\:; !' /;:2tS;,;~' :'Þ&-1~':>,~:) <," '..~"¡' <:l,-~ 'itJ ."¡!~ ..~~~~:e;-·. ¡', ,:>¡;,,~,.."t, \1¡~'J;;~l' ...~,.........,;;;.." ~":'')"'':~rJi.( 712 "".1. ". ~ 11l~ p~ >-,,~ ., "".~,} ~_J;~""',,:?.;.~:' ,.\y~ p'}:'; f""l- (;f ¿:ši~~<, ,~;v.h \, i... !. :·;;¡.;S-'·,>" Æ¡~~t* ;~i;:~f~ :-t\~;~ :.c;'r~,~í..<\ '<."\ ~..,~ ~~~~ ~' '~'\rrJ~ Å'i'~ 1'í1r,t< :Y", .,~ ,-,.'~ ./ .~ -..:....1...:: 1.1 ~ ~~ ~',l' / ~J .~, ' ' . ",~ - ~ ~~ ,.~ .:... '" . . \.:" *,.,' ,'~ ,¡.. :. I, I ",'\- .t:<.'· \); . ,~/1.',: 1..... " '. <4 ~. ~ I, ..... .M .' , .' ,¡ "" I ~,,,',, . , ' ,.~ '~ ,. ~ I"~ I , 1.. ~ . . . 1, ',.' \~.'~ ',,-'- . þ'" . \:. . , I '-'- '. ... \ JI; " "\;'.['" . ,\ .~ ~: \ f .~ , ,. ~, , .' \ \ , " " ( 1 6 G 1" 8Juøn - Zamon 8'" ~J <ffno. 340 Tamiami Trail Port Charlolte, FL 33953 (800) 741·1558 5137 Castello DriYe. Suite 2 Naples. FL 33940 (941) 263-7002 August 1, 1997 Ms. Sue Filson, Administrative Assistant Board of County Cornmi.ssioners 3301 East Tanúami Tmil Naples, FL 34112-4977 Re: Emergency Medical Services Advisory Council Dear Ms. Filson: I would like to be considered for appointment to the Emergency Medical Services ( Advisory Council as the at-large member. I have lived in Naples for 27 years. coming fÌ'Om up-swc New York.. For the 1ut 19 years I have been in the insurance business, Green - Leamon &. Associates and OMNI FII1.IDcial Services. My wife has been with Collier County Schools, teaching kindergarten for 27 years. We have no children and live in the Pine Ridge area in Naples. Please call me should you have any questions or need further information. ;;:~~ George T. Leamon ð P\v~ G111g~ ~ra;{ 8 1V')..C( 3\{\O Encl. ~/~c.#'~~øctøliJ --.--.-.--.....'.---.--¥... t, l' 6 G 1~-'" - .. ~- . _... ._a a. ," do~J t..~[) J(" .__.., __.~":. . ._ . _.__ 33/5'. .ROD.J ¡J ~ð. . ~T ....~_......~: __..__ , .. . _ .tJA-pLé~ ._ rL ~¥I.J --/ _ _ _., - '1 '-1/ - 71 3 . 3 R 3 J . - -- - , .- ...- - -. . '. '.o)Ué ¡:;0(}~) ..4DM.JsJ7.) ~~R../) c.J.) G un+¡ GbMMISS I(n~ ... :330 I Lt· s. _1; !EA-sy. )J Af ¿¢os R. :3<1 ) / 2- d~ ,<L~/s,zJ-r~.H ~ ~ JI4v ~-~~~~~ .~/;7~~$~6/:~~~ ~ ¡I~N-L~>4 ~<d~~7 ~ ß ~ !¡NUVA/ ¡:r: tl~ æi ~ :~ ~Ó .ß~f~?0L4. ~ .~.. .- .. . ..9-7-9/ -.-.-.. _....- -.- ..-...-.--__._. ____. .._ ._.___.. ".0'_"- _.0_' ......... ._. _.... . -.J/ruJ f(; ~.~ ~ ~ .d¿~~...-..¿/_ý 'tt Þ - I ~ /ÛL:' \...... / - -_. ~'t!./_~~~'-7~~ ~,_~~O ... . _.~ ~.~- . . - . ...,-. - ------- ' .._- .. , /ó!/~ ,,~/.,(~ ~~. ~ 411W/ ~A-- ~. -- . "..... "J~ J1Þ~:J~-(ß:i;¿,;)f ilis ~ ~~~ ~;~ ~. c:~4f...< ~ ,dð ..- -rtdR'.J ~ ,A",( ~ ~,/t/d: . - .._".~.____.....~___..o>--..'".-..~...----.........-..~.,-~ ... .........---... 1 6 G 11 J A/4<di LL ~ k9?:~~ ~".~ ( ¡o~~.-Ä ~~/ -:-( ~ ~V~~~·~~~ , .... . '- "- .' .. .. - . '-. .. , -. ( . - ' . ..~..- -...- -. - ".-.. -- .' .. - .- --. . - . .. - _. - . - - _.. .. - - .. . - - . . . .- .. _. . - .......--...... .. -... - --- '-'" .. - .. - . -' -.. - ..- ------ ..-....- -- ----..---.. . ...- - . - - - - .. - .-- -- -- --.- _ .. .4 . , -- ~.- - ~. -....-. -- .. to -. -. 4_' ... _.. .. .... -.... ..- ... .-. . "" ._ '4 - <.. .. , .- _.. -' . . ... -- - - .... -' ! "'" ') ~ l- ~r'J" ., , 16 G-'l CQLI.ŒR cOUN11: ::~ ENVIRONMENTAL ADVISORY BOARD AGENDA SEPTEMBER 3.1997: 9:00 a.m. COMMISSION BOARDROQM. THIRD FLOOR ADM1N1STRA nON BUll..DING I. ROLL CALL n. APPROV AI.., OF !\.1INUTES - August 6 , 1997 m. ADDENDA IV. CONSENT/ADMINISTRATIVE APPROVAL AG~1)A V. REGULAR AGENDA A. Planned Unit Development No. PUD-82-29 (3) The Retreat at Naples Section 9, Township 48 South, Range 25 East Collier County, Florida B. Planned Unit Development No, PUD-95-10 (1) Naples Heritage Golf and Country Club PUD Sections 3,4,9,10, Township 50 South, Range 26 East Collier County, Florida C. Planned Unit Development No, PUD-96-42 (2)IDOA-97-3 Marco Shores PUD (Fiddler's Creek) Sections 18,19,29, Township 51 South, Range 27 East Collier County, Florida D. Planned Unit Development NO. PUD-97-11 Creekside Conunerce Park Section 27, Township 48 South, Range 25 East Collier County, Florida VI, OLD BUSINESS VII. NEW BUSINESS Misc. CorrÐ'5: I Oat.e: -~ \tem~ '(p. ~ . VIII, ADJOURNMENT Norris ~/ Hancock Constent1ne \I' / "ðC'~i. \;1 ~ 8errJ v ~ Copies 10', " ~"".-.,.-_.,---,----_..... lbG 1~ Environmental Advisory Board Agenda......................................September 3, 1997 Page 1 IX. WORKSHOP ........................................................................... NOTES: A. [Bo~,rd Memben): Notify the PLAi'lNlNG SERVICES DEPARTMENT (403- 2400) no later than S P.M. on August 29, 1997, if you cannot attend this meeting or if you have conflict and thus will abstain tram voting on a particular petition. B. [General Public): Any person who decides to appeal a decision of this board will need a record of the proc.eedings pertaining thereto; and therefore may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. *..ft.*~.*...*......*..................*.....·.*.······..................... BBIpdIf: EAB StaffRcporw 9·3·97 EAB ApIda , " 16G 1'~ " MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: August 6, 1997 TIME: 9:00 a.m. PLACE: 3RD Floor Boardroom, Administration Building, Collier County Government Center, Naples. Florida .EAJ! STAFF PRESENT Espinar Foley Hermanson Hinchcliff Saadeh Straton Wilkison x X X X Excused Absence Excused Absence X Ashton Burgeson Chrzanowski Lenberger x X X X MINUTES BY: Stephen Lcnberger, Environmental Specialist II CALLED TO ORDER AT: 9:05 a.m. ADJOURNED AT: 9:45 a.m. PRESIDING: David S. Wilkison, Chainnan ADDENDA TO THE AGENDA: EAB notified of September 23, 1997 BCC meeting concerning airboat use requests as discussed during the July 2, 1997 meeting of the EAB. Mr. Hinchcliffwill attend the BCC meeting. APPROV AL OF MINUTES: Motion made by Mr. Foley. seconded by Mr, Hinchcliff and carried 5/0, to approve minutcs of June 4, 1997 and July 2, 1997. ITEM: Regular Agenda - Item V.A. PETITION NO: Planned Unit Development No. PUD-97-6 U.S. 41IWiggins Pass Road PUD ~^<...._"'-_.. ..------- ,. lbG-l~ \ EDvironmeDtal Advisory Board Minutes.................................... August 6,1997 Page 2 REOUESTING: A Mixed Conunercial Center made up of five tracts with uses ranging from fast food restaurants to a hotel. REPRESENTED BY: Robert L. Duane, Hole, Montes and Associates, Inc. Craig Smith, Kevin L. Erwin Consulting Ecologist, Inc. MOTION: Made by Mr. Foley. seconded by Mr. HinchclifTand carried 4/0, to approve Planned Unit Development Petition No. PUD-97-6 with added stipulations. Mr. Hermanson abstained from the vote. WATER MANAGEMENT: 1. Section 9.2 of the PUD document shall be revised by adding .... if fenced" to the end of the sentence. 2. At the time of site development plan submittal, it shall be demonstrated that the Wiggins Pass Road swale has the capacity to handle Ù1e additional site disclW'ge and Ù1at a positive outfall exists west of U.S. 41. ENVIRONMENTAL: 1. Amend Section VI of the PUD document to add the following: 6.6 "An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on Ù1e conservationl preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site PlanJ Construction Plan approval." 6.7 "A Gopher Tortoise relocation! management plan shall be submitted to Current Planning Environmental Staff for review and approval prior to fmal site plan! construction plan approval. That plan shall contain, at a minimwn, the area where the tortoise will be relocated, the type of fencing and its desi.gn, whether or not it win be necessary to provide additional plantings in that area for food or if food will be supplemented and the person responsible for the implementation of the plan." 6.8 "Petitioner shall comply wiÙ1 Ù1e guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impa<;ts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental staff for review and approval prior to Final Site Plan/Construction Plan approval." . ----.--...- · , 1 6 G 1" Environmental Advisory Board Minutes.................................... August 6, 1997 Page 3 ITEM: Regular Agenda - Item V.B. PETITION NO: Planned Unit Development No. PUD-97-9 The Club Estates PUD REOUESTING: A single family subdivision with 28 residential lots, common tennis recreation area, two interconnected lakes and preserve areas. REPRESENTED BY: John Asher, Coastal Engineering Consultants, Inc. MOTION: Made by Mr. Hennanson. seconded by Mr. Espinar and carried 410, to approve Planned Unit Development Petition No. PUD-97-9 with staff's stipulations. Mr. Foley abstained fÌom the vote. \Vater Manaeement: 1. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. Environmental: 1. Amend section 5.2.A.2 of the PUD document to read as follows: Lakes as shown on the PUD master plan. 2. Add the following stipulations to section 6.10 of the PUD document: a. Permits or letters of exemption fÌ'Om the U.S. AImy Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final plat/construction plan approval. b. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Pennit rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. ..-,~---""'-"'-_..-..__.~" ..-.. ~ ...._."~..."~ 16G-l .. Environmental Advisory Board Minutes.................................... August 6,1997 Page 4 c. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to section 704.06 of the Florida Statutes. In the event the project does not require platting, all conservation areas shall be recorded as conservationlpreseryation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. d. Buffers shaU be provided around wetlands, extending at least fifteen (15) feet landward ftom the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. e. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. f. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Wñerc protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Plarming Environmental Staff for review and approval prior to final site plan/construction plan. ....... DISCUSSION: A brief discussion took place to address Board Member policy. Staff handed out Ordinance 92-44 to EAB members who were present. It was the desire oftbe BCC that this ordin.ance be the document to supersede Division 5.13 of the LDC (the EAR ordinance) in regards to membership qualification requirements, attendance, review of the EAB, and conflict and severability. The EAB members discussed attendance and decided that all members have to notify Staffby 5:00 the Friday before the EAB meeting in order to qualify for an excused ~>_._------_.. ,. ~.. 16G 1 1 Environmental Advisory Board Minntes.................................... August 6,1997 Page 5 absence. After that time it is the responsibility of the EAB member to contact the current Chainnan and request an excused absence. It is up to the Chainnan whether to grant the excused absence or not. COMMENTS: For a complete record of the proceedings reader is directed to the tape recording ofthis meeting, located in the Office of the Clerk to the Board, 5111 Floor, Building "F", Collier County, Government Complex. TIlere being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board David S. Wilkison, Chainnan Minlpdlh:IEAB StaffReports/8-6-97EAB Minutes -~-'''''''''''---_.>_._----- 'It ,. ,. ." .' ,,/ r.: t. . 1 bG 1 t :~IJ 1 8 1997 ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: September 8, 1997 PLACE: COLLIER COUNTY COMPLEX HEALTH AND COMMUNITY SERVICES BUll..DING I 2nd FLOO~ ROOM 216 TWE: 4:00 p,m. 1. CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES - August 11, 1997 IV. ANNOUNCE!vŒNTS V. OLD BUSINESS a. ACOE-PEIS VI. ST ANDING C01'v1MITTEES A. C01'v1MITTEEREPORTS (1) Steering CoffißÚttee - Mike McGee (2) Resource CoffißÚttee - Mike Simonik (3) Growth Management - Mike Delate B, SPECIAL PROJECT COMMITIEE REPORTS (1) NRD Budget - Bill McKinney VII. NEW BUSINESS a. Subcommittee Assignments IX. ADJOUIU~MENT Korr is Hancock Constantine Mac'Kit Berr, V' Misc. Cams: Da t.e: ç¡"' ~:~ --q-¡ 'tem~ /~ - <S . VIII. PUBLIC COMMENT t/~ Copi~ To: ~,,",~.~....- ....,.....,~..".._-_.--=<,'"'."'.-...~.""...--,.~"-_... -...-.-..-"" - ~ . "P ~> 16G 1 ENYffiOl\'IENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA J t; L 3 ~':~7 I .' DATE: August 11, 1997 t:: PLACE: COLLŒRCOUNTYCOMœLEX HEAL TII AND COMMUNITY SERVICES BUILDING '2nd FLOOR, ROOM 216 TIME: 4:00 p.m. I.CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINtrrES -July 14, 1997 IV. A1'fNOUNCEMENTS V. OLD BUSINESS a. EPT AB's Consolidation (Update) b. Voting Requirements (Update) c. ACOE-PEIS d. Water Conservation Ordinance VI. STANDING COr-.1MITIEES A COMMITTEE REPORTS (1) Steering Committee (2) Resource Committee (3) Growth Management l'vfike McGee Mike Simonik Mike Delate B. SPECIAL PROJECT COMMITIEE REPORTS (1) NRD Budget Bill McKinney VII. NEW BUSINESS VII1. PUBLIC COMMENT / Misc. Cor res: Norris IX. ADJOURN11E~cock Da~e: Constantine Kac'Kit /t - Item# BerrJ ~ . Copies To: ...- ,..~~_.~-- 16G 1 ..- '9oItIø. CfiøIø ~ ~ ~....¡(I., Agenda - August 12, 1997 (, "r _ 5 ;9J 7 1. Mgeting called to order t 2. Roll Call 3. Approval of Minutes - Meeting of July 8, 1997 4. Landscape Maintenance Report - Chuck Buckley 5. Landscape Architect's Report - Mike McGee 6. Transportation Administration Services Report - Steve Fabiano 7. Committee Members' Reports 8. Old Business 9. New Business 1 O. Public Comments 11 . Adjournment Misc. Corres: Date: q. ~ 3 - q ) Item/# /0. 6? . Copies To: Next Meeting: September 9, 1997, 4:00 p.m. @ Golden Gate Community Center Norris Hancock Constant ine "lc'Kit Berrl v ;::;:A ~'N ~~ ,..,.>.......-,--~...._--_.......-.,;""'-"" . ""-'''''''''''-''''''''-<~'' 1 bG 1 ' '\ rD.. II... rO..I. ~_J~~.. · .Jj~~ ~ ~ ~ i'HMB ~ ~ ..lit tJtJ Minutes - Meeting of July 8, 1997 SUMMARY OF MOTIONS AND RECOMMENDATIONS: 3. Minutes to the meetings of June 10, 1997: Sabina Musci moved to accept the minutes as submitted; seconded by Bonner Bacon and carried unanimously. 5. LANDSCAPE ARCHITECT'S REPORT A. Miko McGee distributed copies of the June quarterly maintenance report which waz reviewed. He said he expects results from the iron injections in about 30 days. He racommended adding a pour drench iron supplement twice a year. 7. OLD BUSINESS A. Mr. May of CASCO explained the difficulty in trying to contact the appropriate person regarding the damages done in the medians. Steve Fabiano fait that, with the exception of approximately $900 damages done in median #12, CABCa was liable since the areas were clearly marked. After further discussion, Mr. May agreed to pay $2643.53 in damages. Bonner Bacon motioned to accept the reimbursement of $2643.53 to the Board of County Commissioners on behalf of the Golden Gate Advisory Committee; seconded by Charles McMahon and carried unanimously. Mr. May also agreed to provide an -as built- location map indicating the depth and location of the cables. B. Steve advised that he will need to obtain additional quotes for the refurbishment to the signs at C.R. 951 and Santa Barbara Boulevard since Signcraft indicated that it would be over $500. To expedite the work; Bonner Bacon made a motion authorizing Steve Fabiano to award the job to the lowest bidder; seconded by Sabina Musci and carried unanimously. 8. NEW BUSINESS A. Mark Houghton has submitted his name for consideration as a committee member. After favorable review, Sabina Musci made a motion recommending Mark Houghton's appointment to the Committee be approved by the Board of County Commissioners; seconded by Charles McMahon and carried unanimously. --' 16G 1'" (£).11... (0 I. .Cil_IJ~_~ .Jj~~ ~ .. 'ðO«MJØ ~ ~ ~ ".", tJØ Minutes - Meeting of July 8, 1997 1. Meeting called to order at 4:05 p.m. at the Golden Gate Community Center. 2. Roll Call· Present: Sabina Musci, Bonner Bacon, Charles McMahon, members; Steve Fabiano, Transportation Administrative Services; Mike McGee, McGee & Associates; Jacqueline Silano, secretary; Chuck Buckley I Commercial Land Maintenance. Excused: Cheryle Newman, member. Guest: Randy May, president of CABCO. 3. Minutes to the meetings of June 10, 1997: Sabina Musci moved to accept the minutes as submitted; seconded by Bonner Bacon and carried unanimously. 4. u\NDSCAPE MAINTENANCE REPORT A. Chuck Buckley reported that 375 palm trees have been trimmed; 25 bags of 50/5/15 have been applied; insecticide and fungicide has been applied to the turf and ornamental plants; spot spray for chinch bugs was applied to median #17. They are in the process of injecting iron deficient plants with an iron supplement to the tababulias, pine trees, and poincianas. 5, LANDSCAPE ARCHITECT'S REPORT A. Mike McGee distributed copies of the June quarterly maintenance report which was reviewed. He said he expects results from the iron injections in about 30 days. He recommended adding a pour drench iron supplement twice a year. B. Mike provided a list of recommended plant replacements; Chuck will provide an estimate. C. Mike will speak with the Golden Gate Civic Association next Monday regarding beautification of C.R. 951 and update them on the Master Plan. 6. TRANSPORTATION ADMINISTRATIVE SERVICES A, Steve Fabiano will request that the Board of County Commissioners return the copies of the Master Plan unless they wish to keep them. B. There was some discussion regarding the replacement of the flow meters; Steve will provide pictures and prices next month. ... ~... ........ -... ~.-_._... 16G 1 . .. C. Copies of the Budget Status through June, 1997 budget were distributed and reviewed. o. The grant application has been submitted through Amy Taylor; several letters of support were obtained. Mike suggested calling being present during the review. 7. OLD BUSINESS A. Mr. May of CABCO explained the difficulty in trying to contact the appropriate person regarding the damages done In the medians. Steve Fabiano felt that, with the exception of approximately $900 damages done in median ,. 12, CABCO was liable since the areas were clear1y marked. After further discussion, Mr. May agroed to pay $2643.53 in damages. Bonnsr Bacon motioned to accept the reimbursement of $2643.53 to the Board of County Commissioners on behalf of the Golden Gate Advisory Committee; seconded by Charles McMahon and carried unanimously. Mr. May also agreed to provide an "as built" location map indicating the depth and location of the cables. B. Steve advised that he will need to obtain additional quotes for the refurbishment to the signs at C.R. 951 and Santa Barbara Boulevard since Signcraft indicated that it would be over $500. To expedite the work; Bonner Bacon made a motion authorizing Steve Fabiano to award the job to the lowest bidder; seconded by Sabina Musci and carried unanimously. 8. NEW BUSINESS A. Mark Houghton haS submitted his name for consideration as a committee member. After favorable review, Sabina Muscl made a motion recommending Mar1< Houghton's appointment to the Committee be approved by the Board of County Commissioners; seconded by Charles McMahon and carried unanimously. As there was no further businœs to discuss, the meeting was adjoumed at 6:00 p.m. The next meeting will be held at 4:00 p.m. on Tuesday. August 12, 1997 at the Golden Gate Community Center. 2 ._-~,--~""-."-,._,,,,,-,",,.--,,-----,._.~.,".,"," 1 6 G 1 I Golden Gate Beau.tiftmtion Ad.vísory commíttee Agenda - seytembeT 9, 1997 1. Meeting called to order 2. Roll Call 3. Approval of Minutes - Meeting of June 10, 1997 4. Landscape Maintenance Report - Chuck Buckley 5. Landscape Architect's Report - Mike McGee 6. Transportation Administration Services Report - Steve Fabiano ì. Committee Members' Reports 8. Old Business 9. New Business 10. Public Comments 11. Adjournment Mise. ~ / Date: MorriS HðncOC~ - Item" consunt1ne- -- fo\ðC . t:.1 e Ý , = -= Copies To: Berry Next Meeting: October 14, 1997, 4:00 p.m. @ Golden Gate Community Center <"~___"''''_''_'.,4. . GoIkn Gate Beautification Mvísory commí~~G 1 Minutes - Meeting of August 12, 1997 SUMMARY OF RECOMMENDATIONS AND MOTIONS: 3. Minutes to the meetings of July 8, 1997: 4A - the correct strength of fertilizer used should read 15/5/15; Mike McGee requested the words pour drench be changed to drench type in paragraph SA; correct median # 12 to #2 in 7 A. Sabina Musci moved to accept the minutes as amended; seconded by Mark Houghton and carried unanimously. 4. LANDSCAPE MAINTENANCE REPORT C. The !andscapemaintenance contract is up for renewal; Chuck requezted a 4-5% increase. The contract provides and increase of up to 7.5%. A discussion ensued. As the committee is very pleased with the services provided by Mr. Buckley's firm, Bonner Bacon made a motion authorizing an increase of 5%; seconded by Mark Houghton and carried unanimously. 5. LANDSCAPE ARCHITECT'S REPORT A. Mike McGee reviewed the plant replacement list and the estimate provided. After some discussion, Sabina Musci made a motion authorizing the purchase of the plant material, not to exceed 10% of estimated price; seconded by Mark Houghton and carried unanimously. Installation will be performed by Commercial Land Maintenance as per the contract. 8. NEW BUSINESS A. A discussion ensued regarding the design and layout of the various school bus stops proposed by Russ Mueller, a county engineer. Mike McGee suggested that the committee coordinate the prototype with them. The location is yet undetermined. This met with the committee's approval. Mark Houghton made a motion authorizing the expenditure of up to $ 500 to Mike McGee for the design; seconded by Sabina Musci and carried unanimously. . "'.....--~- .. GoIden Gate Beautiftcatíon Mvísory commít~e6 G 1 Minutes - Meeting of August 12. 1997 1. Meeting ca1led to order at 4: 1 0 p.m. at the Golden Gate Community Center. 2. R01l Ca1l _ Present: Cheryle Newman, Sabina Musci, Bonner Bacon. Charles McMahon, Mark Houghton, members; Steve Fabiano, Transportation Administrative Services; Mike McGee, McGee &. Associates; Jacqueline Si1ano. secretary; Chuck Buckley, Commercial Land Maintenance. 3. Minutes to the meetings of July 8, 1997: 4A - the correct strength of fertilizer used should read 15/5/15; Mike McGee requested the words pour drench be changed to drench type in paragraph 5A; correct median # 12 to #2 in 7 A. Sabina MusCÎ moved to accept the minutes as amended; seconded by Mark Houghton and carried unanimously. 4. LANDSCAPE MAINTENANCE REPORT A. Chuck Buckley reported additional fertilizer will be applied this month; there were electrical problems with two pumps and E.B. Simmonds will be out this week to make repairs. B. Chuck provided the committee with an estimate for the plant replacement. C. The landscape maintenance contract is up for renewal; Chuck requested a 4-5% increase. The contract provides and increase of up to 7.5%. A discussion ensued. As the committee is very pleased with the services provided by Mr. Buckley's firm, Bonner Bacon made a motion authorizing an increase of 5%; seconded by Mark Houghton and carried unanimously. D. Chuck advised that a palm tree, shrubbery, and other plant material was destroyed in median #19 due to an auto accident. Steve will take photographs and contact Sgt. Whittenberg to obtain an accident report. 5. LANDSCAPE ARCHITECT'S REPORT A. Mike McGee reviewed the plant replacement list and the estimate provided. After some discussion, Sabina Musci made a motion authorizing the purchase of the plant material, not to exceed 10% of estimated price; seconded by Mark Houghton and carried unanimously. Installation will be performed by Commercial Land Maintenance as per the contract. B. Mike recommended trimming the tababulias; he reported that the leaning palm tree on median #13 is now dead probably as the result of a bud weevil. .,.....---..~._"~.....>_.__......_ _JIIFII-"'_. - _. .-- -,-- -. .I;IÌ _.~ -- - · 6. 1 TRANSPORTATION ADMINISTRATIVE SERVICES A. Copies of the Budget Status through July, 1997 budget were distributed and reviewed. 7. COMMITTEE REPORTS A. Cheryle ßdvised that the ISTEA grant was filed with the county. The first meeting was held by the Pathway Advisory Committee where they were ranked 5th out of 10. The second meeting was held on August 6 where the top three candidates were to invited to make a presentation to the MPO. The Golden Gate application was not among the top three. There was discussion about the grant process. Mike McGee felt that it was not handled properly by the county representative due to the lack of information. B. Cheryle said that she will not be able to attend next month's meeting. 8. NEW BUSINESS A. A discussion ensued regarding the design and layout of the various scnoo! bus stops proposed by Russ Mueller, a county engineer. Mike McGee suggested that the committee coordinate the prototype with them. The location is yet undetermined. This met with the committee's approval. Mark Houghton made a motion authorizing the expenditure of up to $500 to Mike McGee for the design; seconded by Sabina Musci and carried unanimously. 9. OLD BUSINESS A. Steve advised that he has received a check from CABCO in the amount of $2643.53 for the damages that occurred. B. Steve has contacted Ed I!lsner, the Public Works administrator, regarding the reimbursement for the tree relocation. C. Steve reported that the refurbishment of the sign located at Santa Barbara and Golden Gate Parkway has been completed. D. Cherryle asked Steve Fabiano to follow up on the revised resolution that needs to be resubmitted to the BCC as an agenda item. He will follow up on the requirements. As there was no further business to discuss, the meeting was adjourned at 5:45 p.m. The next meeting will be held at 4:00 p.m. on Tuesday, September 9, 1997 at the Golden Gate Community Center. ...,,------ ...-.-- , , APPROVED GOLDEN GATE ESTATES LAND TRUST COMMITT ""ONDAY, JUNE 23,1997 GOLDEN GATE ESTATES BRANCH LIBRARY - Chairman - Vice-Chairman - Member - Member - Member _ Director, Real Property Management Department _ Secretary, Real Property Management Department Steve McDonald - Goiden Gate Estates Resident Janet Mellerslen - Golden Gate Estates Resident Representative of the Sheriffs Office Matthew Hudson M. Joann Sandy Charles 'Skip' Van Gelder l. Jeanne Jourdan Stephen Greenberg Sandra Taylor Judith Kraycik ............................................~,.......................................................... J. CALL TO ORDER The meeting was called to order at 7:00 P,M. by Matthew Hudson, Chairman. II. ELECTION OF CHAIRMANN1CE-CHAIRMAN Steve stated that Matt is doing an excellent job as Chairman. Steve made a motion for Matt to continue as Chairman of the Committee. Skip seconded the motion and all in favor. Joann made a motion nominating Jeanne for Vice-Chairman. Matt seconded the motion and all in favor, 111. APPROVAL OF MINUTES, April 28, 1997 Joann made a motion to approve the minutes as drafted. Steve seconded the motion and the minutes were so approved. IV, TREASURER'S REPORT Sandy reported the ending cash balance as of May 31,1997, was $271,036.64 and the available cash balance was $270,327,31, Skip made a motion to approve the Treasurer's report for May. Steve seconded the motipn and the report was so approved. Misc. Corres: .,Jr'· ';' ¡/ Date:.9 -.~ ,~ -<'Ì/ f-IJncock Constantine Item" ICe ~ MðC'K1t = 1/ / = Berry Copies To: .~-,-"' 1 ' V. PROJECT UPDATES (CURRENT AGREEMENTS) "- '~----_......,.. . Sandy statéd that Gary Young, Administrative Assistant to the Sheriff, called a few days ago to provide an update on the status of public access to the Sherifrs Office Multipurpose Training Facility, He reported it will be available on Saturdays as soon as approval is received from the insurance carrier which is expected very soon. According to Gary, the Facility may open as soon as next month, Sandy added that it is a requirement to complete the Sheriffs Office Training Course prior to being allowed to use the Facility. Joann asked whether the memo from Sandra Taylor to Tom Olliff concerning the Proposed Sod Farm PíOject would be considered a project update, (The property that is referenced in the memo is part of the Trust.) Sandy responded she had noticed U1is item in the Division Meeting Minutes and decided to remind them that the property is part of the Trust. Her intent was to notify this Committee that the property was being considered for this project, however, it appears that is no longer the case, Joann asked the status of the second half of the Community Park, She said it was her understanding that the park on Golden Gate Boulevard was just the first phase. Sandy answered it is not in the budget. Sandy said she does not know what the plan is. She added it is her understanding that there was at least a five year window between the completion of U1e Golden Gate Boulevard Park and the start of the 56 acre park. Sandy offered to invite a representative from the Parks and Recreation Department to report on the status of this project. Steve said that any information would be helpful. Joann mentioned that a roller blade park would be great for the citizens and the 56 acre parcel would be a good place to develop such a facility. VI. ADVERTISING/MARKETING Sandy said letters were sent to Golden Gate Estates builders in an effort to generate interest and possible sales of the properties owned by the Trust. There has been no response thus far. She also said she contacted the CBIA to ask whether an ad could be placed in their publication called the 'Business Builder' and she included the prices in the mailing with the agenda. She explained the ad sizes and the corresponding prices. Sandy also said the land is advertised on the Internet. However, there has been no response to that either. After a brief discussion, the Committee concluded they had no interest in placing an ad in the 'Business Builder.' It was commented that placing an ad in the classified section of a local or out-of-town newspaper during season may be more desirable, VII. NEXT MEETING DATE Matthew stated the next meeting is set for Monday, August 25, 1997. at 7:00 P.M. at the Library . <>,,___c_____"~,·"·~·····c."-- . .. . . . V1U.ADJOURNMENT Janet Mellérsten asked Sandy if she could provide the plans for the widening of Golden Gate Boulevard at a future meeting. Sandy responded that a meeting of this Committee could not address this project. However, Sandy invited Janet to visit her office and she wOllld be glad to show her the plans. Sandy also said that Janet could stop by the Office of Capital Projects to view the plans if she wished. Steve made a motion to adjourn the meeting at 7:15 P.M. Joann seconded the motion and the meeting was adjourned. ---.--"- -_._~ ~ COLLIER COUNTY GOVERNMEl\'T -, - I 16G'1~ , ".. ..~ .., CO;"I~HJN¡TY DEVEJ.OPMENi SERVICES D1V1SI0N 2800 NORTH HORSESHOE DRIVE ;-":,.\1' LES. f1.. :s.3!H :! (9-' 1) C.U..f-lOO ,... C"UT1n [0 allot c~m' ~.J'n. ~m' August 26, 1997 Mr. Michael Zimny Bureau of Historic Preservation R.A. Gr1lY Building 500 South Bronaugh Street TallahasSf::c, Florida 32399-0250 RE: Collier County Preservation Board Meeting Dear Mr, Zimny: This letter is to infonn you that the Collier County Historic and Archaeological Preservation Board will hold their public hearing on Friday, September 12, 1997. I have enclosed a copy of the agenda for your review and records. If you have any questions or concerns regarding this meeting, please do not hesitate to contact me at my new number: 941-403-2469. Very truly yours, ~1I;Y-- Principal Planner (CLG Coordinator) Historic Preservatiorv'R VBfrb cc: Vincent A. Cautero Sue Filson Ron Jamro Robert Mulher!: Nancy Siemion Preservation Board . _..............__... ....~...."-. '''''~-....-.-tr.-c...._~.... ,..-.;.. ...... . ~.. --.-..-.. - --" - . · .. AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILl, HEET AT 9:00 A.M., FRIDAY, SEPTEMBER 12, 1997, IN THE GOVEP~ENT CENTER COMPLEX MUSEUM, AT 3301 E. TAMIAMI TRAIL NÞ..PLES, FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOA.~ WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSù~E THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY ~~ EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1- ADDENDA TO THE AGENDA 2. APPROVAL OF HlNUTES: August 8, 1997 3. pLANNING SERVICES DEPARTM.ENT REPORT: A. Historic Structures Workshop B. Eagles Retreat 4. OLD BUSINESS: A. Robert's Ranch - Review Application for Historic Designation B. H. Nehrling's Tropical Gardens and Arboretum C. captain Horr's House National Register Application D. Historic/Archaeological Guide Map E. Morris property in Chokoloskee 5. NEW BUSINESS: A. Grantsmanship Workshop 6. DISCUSSION OF ADDENDA ì'·:;~c, Corres: 7. ADJOURN C3~e: g- ,~3 - q-, HISTO_RlCAL "G ( / :../mA- )orr~~ - ~ ,.ðOCOÜ Coostant1nt- lIIðC'( 1e iteí1ì# I (p. C:, . ,-\p..r'J = / 1/ = Cople5 To: ------.........----..... ---. (. . .. .....-:.,::..-.;...::;...,,:.. ..-._..ro___,r.' ........--.. ~._,........---_. ----,..........-. lbG,·..~~ THE LAKE TRAFFORD RESTORATIOIV TASK FORCE .. .. . _, , ....4~· ,- . '1 1 '1~9; .~:~ /111'" f-J.!' " 8~,,) r-' MEMORANDUM Date: August 6; 1997 To: Lake Trafford Restoration Task Force ~ Re: .....*..*...*****..*.*.......................****.********.*********........** Our next regularly scheduled task force meeting is Friday, August IS, 1997, at 8:30 a.m. in the offices of the Collier County Housing AUthority. Attached you will find an agenda and the minutes of our last meeting. If you are unable to attend, please call my office at 941-657-3649. Looking fo[V-.rard to seeing you there. 'orrIs ~ ~ðncoCk ~ constðnt1ne~/ Mac'Kit ßtrfY Misc. Corres: Dt. q-~~-C¡Î a.e. Item» llo. ~. = = Copies To: THE lAKE TRAFFORD RESTORA TIOH TASK FORCE IIEEI1NG Friday, August 15, 1997, 8:30 am. AGENOA 1. Rell Call. 2 Approval of the July 11, 1997 tvflnutes. 3. Old Business: A. Accounting of total in-kind donations . Frank Morello B. Big Cypress Basin Update· Clarence Tears. C. Report on DEP's applicatioo for dredging· Ilene Barnett & Gail Gibson D. Inventory of potential funding sources for lake Tra1ford. E. Genesis South Florida Report. 4. New Business. 5. Other. 6. Adjournment IbG 11 16G 1 THE LAKE TRAFFORD RESTORATION TASK FORCE MEETING Friday, Jaly 11, 1997,8:30 AM MINUTES Ment b'.n :fIsw!! Fred N. ThOlmS, Jr. Frnok Moreno ClareI:œ Tears Gcuc Hearn Annie Olesky Ski Olesky nene Barnett Gail Gibson Q.!!!.£t1Lment Ric.k Powers. Bel Denise Blanton, Collier County Extension Services Mary McAnli£fe, Gcncs.is South Florida Barry Zimmerman, NRPC William Ellis, NRPC Nancy Forrester, N.F. Environmental TedlOOlogies Sbaron Sullivan, Genesis South Florida Ralph E. Farinha, Consulting Engineers Introduction of guests were made. Minutes offriday. June 20. 1997 Motion made by A1mic Olesky and seconded by nene Barnett to accept the minutes &om J\me 20. Members voted un.animously to accept the minutes. In-Kind Contributions - Frank Morello reported that there was no change in the report from the last meeting. He is still waiting for infurmation to be turned in. Report on Bill Cvcress Basin Board Meet~ - C1areJJCe reported that be bas scheduled to meet all the Board of County Coxmnissioners and get their COIIDllitH~ to the project before submitting a revi1ed resolution to include the lake's restoration activities to his Board. Discussion followed and be: ....ill pt'O<Xed in approoching the board without asking for any funds at this time just a COhlIn;'I~ to coDtÎmJe to support the project. Overall the board ~ went wen and his board supports the project. Reoort On DEP's ~6cation For ~ - ßc:De gave a report on wbcrc the application stands at this time. There a .&w things that need to be wodccd on, i.e., a detailed design of the project, ged~ grain size ~ etc. A cornnñtt- made up ofC1arcncc Tears. Deoe ~ Gail Gib30n and Fronk Morello will look & adjust the ~g components of the application. The DCXt step in the process is getting some det3i1cd sampliag of the muck (SO plus samples). Frank Moreßo sW be could about $10,000 fur some of the preliminary wotk. Denc reported that DO money wouJd be awi1abIe umil after 1999 Û'Om the Eco-systc:m Management Trust Fund. She said that we couki lobby the legislature for money for Lake T ra.ffurd. to be included as a line item. Ibb 1 Çìenesis South Florida - Sharon Sullivan of Genesis of South Florida made introductions aDd Ralph E. Farinha of Ralph E. Farinba Consulting & Engineers gave a ~ørion on biorerœdiation material. S~stnÌ1u\b1e rhaßensze Grant~ _ A committee made up ofDcnc Bamc:tt, Fred Thomas, Gail Gibson and Clarence Tears was formed to look at the possibility of lobbying Icgis1aturc. Inventory ofPotentia1 Fundin~ $ourccs - This was tabled for the next meeting. Task Force meeting was adjoumcd to the Lake to look at potcatial test site. Meeting was adjourned. ~~__."..e ,..._._....,~,'''''_---"-"'"."----,,,.....,._.---_..- --_.._,..............._~."'.,,-~+.. 16G 1 Lely GOlf Estates Beaut~catfoJ1 Advisory committee Minutes - Math\1 of AU¿Just 8, 1997 SUMMARY OF RECOMMENDATIONS AND MOTIONS: 4. Minutes of June 13, 1997: Bob Cole moved to accept the minutes as presented; seconded by AI lePain and carried unanimously. 5. lANDSCAPE MAINTENANCE REPORT B. There was a lengthy discussion regarding the services being provided by Advanced lawn and landscape. Bob Cole felt the trimming was late; Mike McGee felt they were not paying enough attention to the project and services were not being done in a timely manner. Mike stated that although improvement has been made during the last few months, it is not v.here it should be. Paul Duguay said a new supervisor will be used on the site. Mike recommended that they should review the specifications of the contract and the project should be weed free. Bob Cole also mentioned that he picked up a full bag of garbage and Steve stressed safety while working in the medians. Mike stated that some of the items documented in the last quarterly report were still not resolved. A walk-though with Mike McGee and Steve Fabiano will take place at the end of next month. Misc. CorTes: NorrIs Hðncod: Constant Jne Mac·klt BerrJ l/ Date: ~ ,;('3-4/ Item# I C·. G.~. / ( C.opies To: -.---..-.--,,- 16G 1 Lely GOlf Estates Beaut~catíon Ad.vÍ5ory commíttee ^ðenAA - MedÍ1~ of october 10, 1997 1. Meeting called to order 2. Attendance 3. Approval of minutes of August 8, 1997 4. Reports A. Advanced lawn & landscape B. Transportation Administrative Services C. New Construction I. Mike McGee, McGee & Associates D. Committee Members I. George Pearson ii. AI lePain iii. Robert Cole IV. Robert Weyers 5. Old Business 6. New Business 7. Adjournment NEXT MEETING: November 12, 1997 IbG 1 Ldy GOlf Estates BeautifÍcatiMl Advisory committee MÍlmtes - Medí'~ of AULJlut 8, 1997 1. Meeting called to order at 4:05 p.m. 2. location - Facilities Management, Conference Room 111. 3, Attendance Taken· Present: George Pearson, AI lePain, Robert Cole, members; Steve Fabiano and Dave Bobanick, Interim Director, Transportation Administrative Services; Mike McGee, McGee & Associates; Jeff Koetting and Paul Duguay, Advanced Lawn and Landscaping; Jacqueline Silano, secretary. Excused: Robert Weyers, member. Steve Fabiano advised that he received Bud Hardow's resignation and has forwarded it to Sue Filson. George Pearson's and AI LePain's terms will expire October 1; they both expressed their willingness to stay on. 4, Minutes of June 13, 1997: Bob Cole moved to accept the minutes as presented; seconded by AI lePain Jnd carried unanimously. 5, LANDSCAPE MAINTENANCE REPORT A. Jeff advised that tree pruning has been done; most of the ¡¡rope has been cut back; triallis and lantana have been installed; the lilies have been removed. B. There was a lengthy discussion regarding the services being provided by Advanced Lawn and Landscape. Bob Cole felt the trimming was late; Mike McGee felt they were not paying enough attention to the project and services were not being done in a timely manner. Mike stated that although improvement has been made during the last few months, it is not where it should be. Paul Duguay said a new supervisor will be used on the site. Mike recommended that they should review the specifications of the contract and the project should be weed free. Bob Cole also mentioned that he picked up a full bag of garbage and Steve stressed safety while working in the medians. Mike stated that some of the items documented in the last quarterly report were still not res01ved. A walk-though with Mike McGee and Steve Fabiano will take place at the end of next month. 1 6. LANDSCAPE ARCHITECT'S REPORT A. Medians 17 and 18 will need approximately 150 s.L of sod due to chinch bug damage. This will need to be replaced by the contractor and hand watered as necessary; Mike will be notified when to isolate the irrigation. Plugs will be used every 6" or so. 7. NEW BUSINESS A. The mulch will be installed as soon as possible after October 1. ß. TRANSPORTATION SERVICES REPORT A. Copies of the Budget Status for June and July, 1997 were distributed and reviewed. It was noted that OCPM charges were increased by $500 + in one month. Mr. Bobanick will met with George Pearson and OCPM to express their concerns. B. Steve Fabiano again expressed his concern over the high water bills. George Pearson met with Commissioner Norris and they, in turn, met with Mr. Fernandaz. C. Steve advised that he has issued invoice #23908 in the amount of $4329.62 to the Utilities Department for the damages they did. Mr. Bobanick will follow up and felt that they would be cooperative. 9. COMMITTEE REPORTS A. George reported that he has met with Mr. Clemens and he agreed to fund part of the expense for the affluent water connection at Warren Street. George Pearson, Steve Fabiano, and Dave Bobanick will meet with Mr. Clemens again to further discuss this issue. As there was no further business to discuss, the meeting was adjourned at 5:25 p.m. There will be no meeting in September. The next meeting has been scheduled for October 10 1997, at 4:00 p.m., Facilities Management, Conference Room 111. 2 --......... MARCO ISlAND BEACH RENOURlSHMENT ADVISORY COMMITTEE 1 6 G 11 I:' ' ¥ . ~ r .¡,......, j" ., ,~ ' AGENDA H~ETIKG OF AUGUST 6, 1997 HACKLE PARK 1. Agenda. 2. Approval of Minutes of May 7, 1997 3. Beach Cleaning Schedules - purchase of second .achIne - beach t 11] i ng 4. Collier County OrdInance f89-11 - schedule for buoy installation 5. HIdeaway Beach T-Groln installation 6. Videotape presentation of beach - Harris 7. Caxa.bas Boat Docks project - schedule 8. Capri Pass Inlet Hanagement Plan - public hearing 9. Old Business 10. New Business 11. Public Comment 10. Adjourn till SepteNber 10, 1997 rlorr 15 HancoCk Const.ntin. 'Iac·K1. v Mise. CorTes: r _ î:z. -G{ Î Qat.e: ~ \temK I ~ b, -./ V ~ ~ Copies 10: ·'rrJ Collier County Government Center · 330 I Tami:uni Trail, Ea!\t · Naplc!\. Flnrida 3~962 ......--~---"'----,.. ._-_..,~_., 1 MARCO ISLAND BEACH RENOURISHMENT ADVISORY COMMITTEE AGENDA MEETING OF SEPTEMBER 10, t 997 MACKLE PARK I , Agenda 2, Approval of Minutes of August 6, 1997 3. Beach Cleaning Schedules - purchase of second machine - beach tilling 4. Collier County Ordinance #89-11 - schedule for buoy installation 5, Hideaway Beach T - Groin installation 6, Videotape presentation of beach - Harris 7, Caxamba.s Boat Docks project 8. Capri Pass Inlet Management Plan a. Humiston & Moore b. Public hearing date - 20/27 at 7:00 PM 9. Old Business 10. New Business 11. Public Comment 12. Adjourn till October 1, 1997 Misc. Corres: /IIorrh H¡:¡ncod; Constantin. Mac'Kit Berr] Date: Item# Copies To: ,I Collier County Government Ccnter · 330 I 1:1mi:\lni Trail. E.1st · Naples. Florida 31962 ......-----"'-'~_.., 16 G 1 MARCO ISLAND BEACH RENOURISHMENT ADVISORY COMMITTEE MINUTES - AUGUST 6, 1997 The Heeting vas called to order at 9:00 a.a. by Frank Blanchard, Chairperson. He~bers present were Charles Huttinger, Gil Scholes, JoAnn Varie, Giles Goral and John Dougherty. Buddy Harris, Joe Christy and Hike Gliae were excuseà. Also present were Harry Huber, Collier County Capital Projects; Pat Berry, The Bottom Line; and Barbara Schiering, Hideaway Beach and Jennifer Richter, Harco Is land Eag Ie. A aotlon vas aade by HuttInger, seconded by scholes to approve the _inutes of the Hay 7th, 1997 .eetlng as presented. Hotion carried. Huber reported that the Collier County COUi!55ioners approved the purchase of the second beach cleaning aachIne. The arrival of the .achlne is expected In the fall. Schedule of the installation of off-shore buoys was discussed. The cost to install the buoys is $2000 - $3000. The source of funds is an issue. Huber agreed to address this issue. ~uber reported that the installation of the T-Groins at Hideaway Beach viII be coapleted by August 25th. He expects additlon~l fill viII be needed in front of the Gli.e house. It vas noted that since the tIae the T-Groins have been installed there has been a drastic change to the beach. One of the T-Grolns is already under vater. It vas suggested that "keep off" signs be installed. The liability Issue vas discussed and Blanchard agreed to address these concerns. Blanchard presented a request from Dela Park Place Condominium for a proposed dock and 16 boat slips with lIfts. The area in question is an open waterway. Blanchard suggested the cOM.ittee issue an objection to the project. The Planning Co..ission voted 6-3 against the project but appeals are undervay. Blanchard presented a letter of objection to the co~.ittee for approval. A aotion vas made by Goral, seconded by Scholes to approve the letter as stated. Motion carr ied. Huber presented copies of the Capri Pass Inlet Hanagement Plan to the coaaittee. A public hearing on the Plan is scheduled for Honday, October 27th at 7:00 p.lI. Blanchard reported that three seats on the commIttee will expire. Applications have been receIved. Huttinger and Scholes have re-applied and met the deadline dates vhile Varie's application did not meet the deadline. Barbara Schiering also applied and aet the deadline date. A motion was made by Goral, seconded by Huttinger to approve the appointaents of Huttinger, Scholes and Schiering to the co..ittee. Discussion folloved. Varie stated concerns that if Schiering vas appointed to the co~mittee there would be three ae.bers from HIdeaway Beach. Huber stated that the co..ittee vas to be represented by 50\ £r05 condominiums and 50\ from single family homes. The motion carried (3 for, 2 opposed, 1 abstained). . "..~,..._"._- 16lJ 1 Marc.o 151and Beac.h Renourl5hment Advl80ry Commlttee Minutes - August 6, 1997 Page Tvo Huttinger reported on a recent rescue at Tigertail Beach. It vas suggested that a life ring be installed at the beach and reaoved at night. Huttinger also discussed the possibility of beach patrol by the Fire Department. The Fire Depart.ent has agreed but viII require an ATV at a cost of $40000.00. Huttinger requested the $4000 from TDC funds but was denied. Huber suggested applylng to the Board of Commissioners. Huber requested approval of funds to cover expenses for Blanchard and Huttinger to attend th~ annual .eetlng of Florida Beaches and Shores september ]-5. A aotion vas ~ade by Goral, seconded by Scholes to approve the expenditurc. MoUon carried. H~ber reported on a lov spot in front of the dune walkover at Royal Seafarer. After discussion it vas agreed that a truck load of sand viII be installed at Royal Seafarer and Huber viII coordinate vith the Hideaway Beach project to be cost effect i ve. Huttinger stated that the beach May require re-grading after turtle nesting season is over. Huber will invite a representative froll Humiston and Hoare to the September lOth .eeting. As there vas no further business to discuss the meeting adjourned at 10:00. Respectfully submltted by The Bottom Line. ..."--~-' I I I I I I I I I I I I I I I I I I I PARAR: , J~ PARKS & R£CR£AT10N ADVISORY BOARD ~ WEDNESDAY. A.llllfit a~. 199~ A'I' GOGollatGlloe Rive. Papk Z:oo P.M.. Vall4e.bla Orne. Naples. Flol'l4a Misc. Corr~ Date: C\. ';<'3- C11 Item## \ G· ~ . MorT" -- ~ ~ ~:~~~tine= J!~- Hac ~ i e - BerrJ Copies To: IbG 1 ,Þ ; 16G 1 ' I I I I I I I I I I I I I I I I I ,I PARK. AND RECREATION ADVISORY BOARD AGENDA August 27, 1997 Cocohatch« River Park Vanderbilt Drive Florida The Parks aDd Recrution Ad\'isory Board meeting will be held Wednesday, August 27, 1997,2:00 p.m. at Cocohatcbee River Park. Vanderbilt Drive, Naples, F1orida. (\1.1 TO OIWER: !I PU:n(;E OF ,\!.I.E(;I:\:"ì('[ TO TIlE 1'1..\(;: II, 1'\\OC\TlO'i: 1\ .\I'PRO\' \1. 01 "1:"ìlTF:S. July .'(1. IqC)~ "1'I·tif1~ ,\ I - -: \ '\ [\\ B IS I '\ rSS/I'In:St:;\TATIO'iS l. Attitude award Pretentation - Joel Saez & Howard McFee I.) R[QIESTS FOR IHSn;SSIO,\ - SPECIFIC (PDATE ITDI l. Grant Applications - South Naples Community Park B 8 2. Sugden Park Policy C 9-13 3. City/County Agreement Re: County Funding Future Projects-Mr. Blackford \1 IŒPORTS/l'PJ)ATES: l. Monthly Report (July) 2. Parks Brochure Update 3. Leisure Line UpdAte 4. SkAte Park Update 5. Copeland Play¡:round Update 6. Adopt-A-Park Report 7. Puab Meeting Schedule 8. Meeting Adjourn Dl4-21 E22 E23 ...-----.-...-......"'....-.-....... . "I'·".. ·~I:' ' . ~. ¡f, I I .- .. I I :1 I I I I I I I I I I I '~··I I: , 16G 1 !t PARKS AND RECREA nON ADVISORY BOARD July 30, 1997 Minut~ East Naples Community Park 3500 Thomasson Drive, Naples, Florida PRESENT: íunothy Blackford, Chairman Elaine Wicks, Vice Chair Joseph 7Aks GAyle L. Stan Gi1 Mueller ABSENT: Bïnie Cheney ALSO PRESENT: Marla Ramsey, Director Murdo Smith, Recreation l'tIanagu Garj Franco, Parks Superintendent J acquie Hart, Secretary II John Dunuuck, Operations Coordinator Dr. Richard Woodruff, City Mana2cr, City of Naples Aone Middleton, Crty of Naples, Bud&etlInvestment Manager Terry Fedelem, Crty of Naples ParklParkways Superintendent Tara Beer, Naples Daily News Reporter L CALL TO ORDER: Tho meeting was caned to order at 2:15 p.m. IL PLEDGE OF ALLEGIANCE TO THE FLAG m. INVOCA nON: by Jacquie Hart IV. APPROVAL OF MINUTES: June 25,1997 meeting. Motion by Josepb Zaks to approve June 25, 1997, minutes. Seconded by Gil Mueller. Passed 5/0. Ms. Billie Cheney is absent. No contlct was made re¡arding her absence. V. NEW BVSINES...4\lPRESENTA nONS L Attitude Award Presentation - Mr. GiJ Mueller presented an Attitude Award to Dennis Gulley, Park Program Supervisor for Frank E. MackJe Jr. Cooununity Park. Mr. MueDor read the plaque and then stated that be bad worked with Dennis GuUey fur four (4) years and he is absolutely a great persoo to work with. _"_o,"_,"'......,.'".___..___"_···'">...··_,·_____·~_..._,·· ''''1 " I I I I I I I I I I I I I I I I I I 16G 1 Interview PARAB ADDlkants - Ms. Daphne Bercher is a Freelance Paralegal and a full time student. currently she works with Judge William Blackwell as a Judicial Assistant. Ms, BeTcher has four children who are actively involved in many programs fostered by the Parks and Recreation Department. Ms. Bercher 11.1s been involved in many le....els of participation, which includes: Girls Fast Pitch Little League Softball, Girls Fast Pitch Softball All-Stars, Boys Little League Ba~U, and Boys Little Lc3gue Baseball All-Stars, Mr. Mueller inquirod whether Ms. Bercher will be able to attend the meetings every forth Wðdnesday of the mooth since this is a major concern to P ARAB. Ms. Bercher stated that as a News Paper c.::arrier for the Naples Daily News, s.l¡e h41s never missed a day of work for 10 years. Mr, Mueller inquired whether Ms. Betcher is employed by Collier County or the State Judicial system. Ms. Bercher!itated that the Judicial Circuit is actually the State and she is a freelance independent contractor. lnterview #2 - Mr. Joseph McVay, G. C., Vice President at Crain Engineering Company, Inc. Mr. McVay stated that his company offers services to the conununity and that Crain Engineering is an W1biased group of engineers. Mr. McVay is new to the Naples area; he has been in Naples since May 27, 1997, he is from the Ea~ Coast of Florida. Mr. McVay stated that he could be available at anytime for PARAB including weekends to attend meetings. Chairman Blackford inquired what was it that made him interested in P ARAB? Mr. McVay stated that he called the Board of County Commissioners office inqtùring whether any volunteers were needed and was asked if he would be interested in advisory boards, Mr. Zaks inquired if Mr. McVay was involved with any boards when he was at Lighthouse Point on the East Coast. Mr. McVay stated that he was not involved with any board and his reason for applying on this board is because be would like to be more visible and offer his belp to the comrnW1Îty. Mr, Zaks ~qttired if McVay utilized the park facilities in Boca Raton? Mr. McVay stated that his company had done some work for Boca Raton but personally he had not utilized the park facilities, 2 I I I I I I I I I I I I I I I I I I I 1 Motion by Tim Blackford that the Parks anù Rcw:ation Advisory Board recommends Daphne Bercher to the Board o( County Commissioner (or the P ARAB position. Pused 5/0 b. Soutb Naples Community Pllrk - Ms. Ramsey apologized for not informing the Parks and Recreatioo Advisory Board members regarding the South Naples CommUIÚty Public meeting held on July 24, 1997, However, it was not done intentionally, it was an oversight by staff and Ms. Ramsey accepts full responsibility. Ms, Ramsey state.d that the Parks and Recreation Department had an opportunity to put together a draft site plan which was done by the Office of Capital Project Management, Ms. Ramsey stated that the meeting with the community was to find out what facilities are needed the most, but unfortunately the discussion at the open forum focused on a pool. Ms. Ramsey stated that there is no plan to install a pool at the South Naples Community Park and that there was no direction from BCC regarding constructing a pool at tllat site. Ms. Ramsey said the community loved the plan espccially the, soccer and baseball fields, Mr, Mueller inquired how would the South Naples Community Park be funded. Ms, Ramsey stated that the park would be funded through Impact Fees, Mr, Zaks suggested that one pavilion should be located at the North West comer behind the league field because people walking from Naples Manor would have easy access. Mr. Zaks stated that two the reasons why a pool is not included in the South Naples Community Park is: 1. The Growth Management plan indicates that the two existing pools will accommodate the community until year 2017, 2. Funds are limited and the cost to maintain the pool is very costly, Chainnan Blackford also suggested that another basketball court be included in the master plan because it seems that at all the community park facilities basketball courts are heavily utilized. Ms. Ramsey stated that she would meet with OCPM to change the site plan and include two basketball courts and reduce two tennis courts. The plan is at an early stage where items can be adjusted. Once the restrooms and sprinklers systems are instalIed the plan cannot be changed without additional expense. 3 I I I I I I I I I I I I I I I I I I I 16G 1 Motion by Chairman Tim Blackford that P ARAB recommend approval of the master plan to the Board of County Commissionen with the additional chADge! noled above. Seconded by Joseph Zaks. Fassed 5/0. c. City qf Nu,lts Capital BU~ft Prooosai - Dr. Richard Woodruff, City of Naples Manager sated that Anne Middleton would distribute a booklet with debiled additional infurmation and pictures of the beach end facilities as requested by P ARAB members. Mr, Terry Fedelem, City of Naples ParkslParkways Superintendcm. stated that PARAB received a letter regarding the beach access improvements. The City is requesting that the County match the City's $25,000 for a $50,000 total 1998 project. Improvements will be typical for each site include: landscaping (trees, shrubs, and ground cover), bicycle racks, turf, rail fencing, signage, pathways (pavers, concrete or stone), walkover structures, handicapped accessible features, concrete curbing, irrigation and water fountains, The summary of Beach Acœss Improvement areas include the following: 1. 1" AVCl1ue: NoM 2. North Lake Drive 3. 611\ Avenue NOM 4. 411\ Avenue North 5. I" A venue North 6. Central A venue 7. 3"' A venue South 8. 4111 Avenue South 9. 5111 Avenue South S 6.350 S 5,000 S 13,320 S 3,650 S 5,300 S 3.280 5 1,750 S 9,750 11,600 550,000 Dr. Woodruff went on to explain that the I" year cost is S50,OOO in 1998,2- year is $100,000 in 1999, and the 3"' year is $100.000 in year 2000, The totals are to be split SO/50 between City and County, Year one. the City is requesting $25,000 from the County and the City's portion is included in their budget which has been tentatively approved. Dr, Woodruff stated that there are different formulas that could have been used to determine the 50%, The beach ends or the Naples Landing are both open to County and City residents for use. Dr. Woodruff stated that he looked at the users profile. Based on the users profile the County should contribute 80% and City contribute 20%. Dr. Woodruff stated that he had met with Mike McNees and showed him these findings. The City decided to use a simple way that everyone on City Council and staff agreed to divide the City and County 50/50. Dr. Woodruff stated that City residents also pay to the County taxes. Mr. Zaks stated that he visited aU the sites and he also talked to some of the beach front residents and they indicated that they were net interested in the proposed improvements. Mr. Zaks stated that the City meutiooed that the improvements were because of safety. but the improvernœts are for beautification. Tbe plan is a great one but a little to much of a plan. Mr. Zaks stated that he does not see a 4 I I I I I I I I I I I I I I I I I I I 16G 1 need for P<lwrs, There are some inconsistencies with Ù1e proposal for 4" Avenue South to redeck & replace stringers, for h21ldicap deck and regular dune walk over. Mr. Zaks stated that the facility looks brand new, the handicap deck certainly needs repair but there was nothing wrong wiili the dune walk owr. Mr. Zaks stated t1ut he is not satisfied with the way the project has been presented because it is not cost efficient. ($6,250 x 40= $250,000 project). Dr, Woodruff stated that the City would be happy to submit the budget for each year, 111is is a matter of perception, as some people like Woe beach endings to be left natum!. Some beach front property owners did call Ù1e City and suteA that Ù1ey did not want the showers to be installed. One of the reason why Ù1ese facilities are being installed is Ùlat people would be able to rinse off their feet before getting into their vehicles. The City as well as the County believe that if something is to be installed it should be something to be proud of. Mr. Zaks suggested that a plan be submitted for each phase and this approval or recommendation would not be for the entire project, Dr. Woodruff stated that he is looking for one year only and after the one year, the project could be reviewed and ¡fthe County does not like the work Ù1en fine. Mr, Zaks inquired ifÙ1e current one year agreement terminates and the County and City can not come to an agreement with respect to an extension for the Beach Parking program and the County resident can not use the facilities; would the City be willing to refund the County on a proraU basis? Dr. Woodruff stated Ù1at a 3 to 5 year prorau formula would be used to determine a refund for the beacb sticker program. This is an issue that would haw to go before Ù1e City Council for endorsement. Ms. Stan suggested Ù1at it would be nice if both boards would meet and discuss the upgrades. This way it would be easy to understand where the money is going. Motion by Elaine Wicks that PARAD recommends to the Board of County Commissioners the approval of $25,000 for this fIScal year with inclusion that the next two years be brought back to PARAB for review. S«onded by Joseph Zaks. Passed 4/1. Mr. Mueller Nay. Napl" Landio2 Park - Dr. woOdruff stated that a final master plan has not been adopted by the City. Final consideration and approval by the Naples City Council will be when the Pulling Park plan is approved, Dr, Woodruff stated that the request is not appropriate because the Master Plan has not been adopted. Dr. Woodruff stated he came to make a presenbtion to guarantee the payment of the $160,000 which was approved in 1994, is still available, Ms. Ramsey stated that the funds are available and waiting for payment. 5 I I I I I I I I I I I I I I I I I I I 16G 1 Chairman Blackford stated that the packet the City submitted is great, but he suggested that the packet should be submitted prior to the meeting in the future, No recomInend:ation was made for t116 Naples Landing Project. Comments/Discussi9n - Ms. R3msey made a comment to PAR.A..Ð stating that the County docs not have to contribute 50/50 because the City made the suggestioo . Cbainnan Blackford stated that the Cowrty needs to have some general policy for the future OOc3use if the County sets a precedent that we fund 50% for City parks then that would be an ex-pec"..;rtjQJ, Ms. Stan suggested that some kind of criteria and guidelines on t11ese issues needs to be set. Ms. Ramsey inquired if P ARAB wanted staff to set the guidelines or P ARAB members. VI. REQUEST FOR DISCUSSION/SPECIFIC UPDATE ITEM a. Ti~ertni1 Concession Audit ReDort - A letter from Bob Titus stating that Tigert.ail Beach Food and Beverage Service (Cool Concession) Agreement is in substantial compliance with the terms of the contract. Of all the contract requirements tested by the auditor, the concessionaire was in compliance with the exceptioo of one item: On an annual basis, the concessionaire is required to submit a statement of gross receipts for the year. The concessiooaire did comply with requirement, but tho contract goes 00 to state that "Said statement shall be certified as true, accurate and complete by the Concessionaire and by an independent Certified Public Accowrtant." The auditor saw no evidence S\¡Pporting compliance with the requiremeDt that the annual statement is audited by a CPA. The coocessiooaire has informed the auditor that "a verbal agreement exits between Cool Coocessions and Collier County Parks and Recreation that the annually audit by an independent CPA was deemed to expensive and therefore not required. Ms, R.:unsey stated that there has not been any verbal agreement, Chairman Blackford explained that the Cool Coocession is in compliance with paying the revenue based 00 those receipts. Their cash register prints a receipt for the customer and a copy stays in the register. Ms. Ramsey stated that the auditor visited Cool Coocession on two occasions and did not identify himself and every time he purchased from the concession stand a receipt was issued. Mr. Mueller stated that he lives 00 Marco and he meatiooed this for about a ~ and a half every time he, his wife, and friends visited Tagertail eoncessioo and they were not issuing receipts. Mr. Mueller stated that this is not a figment ofhis 6 /1 I I I I I I I I I I I I I I I I I I 16G 1 imaginarioo and this is why he is concern about the fact that suddenly we are s.'1ying "Let us renew his contract." b. Re2jgtrv R~ort!aam Pa$~ - Ms, Ramsey conversations, to Mr. Jerry Thirion, Managing DirectorMce President of the Registry Resort regarding concerns that they were not picking up County visitors to the beach. c. F« Policy - Board. of County Commi:ösioo has approved the fee policy. Mr, Zaks suggested that Mr. Smith send a copy of the fee policy for review next year e-arly, VII. REPORTS & UPDATES z. ~onthly RtJ12.r1 (l\by)· No Discussion b. Lee Cypren Status - 'The site is being cleared; playground equjpm~t has been ordered and the tootativ:: date for delivery is 8/18/97, Mr. Smith talked to Lee Cypress Corp regarding installing a security light. Mr. Smith is looking fOf donations for landscaping. Ms, Stan will put a an article in the Everglades Echo and the Golden Gate Gazette regarding donations, c. Golden Gate Nei2hborhood Park Status - the Board of County Commission approved the concept and the direction the board gave was that the County would fund the purchase of the land and set up a separate taxing district within the CityfNeighborhocd to reimburse for that purchase. d. SU2den Park Policv - a draft policy for large community special events to be held at Sugden was distributed to PARAB members. Ms. R.1msey stated that the Parks and Recreation Departmmt does not have a policy where an organization could reserved the entire park (e.g, Jaycees would like to reserve park for fire works) and this policy would address that special need. The proposed activity must provide educational or recreational value. P ARAB will review and submit any suggestion at next meeting, e. Adopt-A-Park Report - Mr. Zaks visited the East Naples Community Park and the Skate Board Park is moving along. Roller Hockey Rink; the screws are still in the wood, please repair; the Scoreboard still needs a power outlet, Mr. Zaks stated that there are some very rough spectators where the teams are, They actually had to get some volu.atcers to supervise. Please make signs if possible saying "No specurtors" by players benches. c. P ARAB Mectin2 Scbedule - the next is meeting scheduled at Cocohatcbee River Park on August 27,1997 at 2:00 p.m. &. FYI. - Ms. Stan. Chairman Blackford, and Mr. Mueller commented on bow great and informative the FY1looks. VITI. ADJOURNMENT 7 16G 1 ····;'1 '~~ ,.' ....,', 1..\1 ' , Meetinl adjourned at 4:45 P.M.. Motion by JOKpb Zaks to adjoarn. Seconded Gayle Stan. Paned 5/0. ,I II I I I I ; 'I " :';'1 :"1 ~ , -. "1 ;-;1 "," .>. j. " :·:·(1" .. 8 I I I I I I I I I I I I I I I I I. I I 1 i ~ " ~ .. i i I I ì i \ . .J ( I . 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'-n' ' :."- = ru:x::: '!!O~t : ¡"I - .. =-::: ,..·-u.... , JJ. : (",) "T-4:'õ: EI ~\brT b '2..- l' , i , :. : I DRAFT 1 bG 1 I I COLLIER COUNTY PARKS & RECREATION POLICIES AND PROCEDURES MANUAL EFFECTIVE DATE: I SUBJECT: SUGDEN REGIONAL PARK SPECIAL EVENT USAGE PAGE CATEGORY: USE POLICY NUMBER: I 'I Special Events: The following policies and procedures pertain to non-profit organizations and private businesses requesting permission to hold special events at Sudgen Regional Park. A. DEFINlT10NS: I 1. Special Event-Any event held on Sugden regional park property, which is open to the general public. (Examples: festival, parade, athletic event, fishing tournament) I 2. Special Event Application-The application is approved after all requirements are met by the requesting organization. The: application will cover the: sponsoring organization and their se!ected vendors. The event organizer must furnish a list of their vendors to the Parks and Recreation Director prior to the event date. I B. POLICY: I The Parks and Recreation Director or designee shall administer the provisions of this policy, including the collection of fees. preparation of application forms, issuance of licenses and revocation of licenses, promulgation of rules and regulations to implement the provisions of this policy, and all other items relative thereto. I Users of park facilities are conditionallice:nses. Any person or group violating any of the provisions of this policy shall be subject to summary expulsion from the area. Further, the)" shall be subject to any penalty prescribed by general or ]ocal law which is applicable to the conduct or activity which resulted in the expulsion. I I C. RESERVATION POLICY: I The Parks and Recreation Director administers this policy, County programs and operations have scheduling priority for Sugden Parle 1, Any community-wide special event must be presented to the Parks and Recreation Advisory Board and the Board of County Commissioners for approval. ·1 D, RESERVATION PROCEDURES: Note: All special requests. lo~isrics, reservations, and anv other event related issues are to be coordinated throu~h the Parks and Recreation Department I I I. Use of the facility are scheduled on a "flTSt come, first served basis". Organizations must submit a written request to the Director of Parks and Recreation Department to tentatively reserve the necessary facilities for the: event before submitting an application. This will allow the Department to inform the requesting organization of the facility's availability prior to beginning the application process. I I (C) 9 I DRAFT 16G 1 ~ I I 2. Reservations will be approved by the Parks and Recreation Department on a case by case basis based on the following criteria: I a. The proposed activity must provide educational or recreational value and use is not anticipated to incite violence, crime or disoroerly conduct and does not violate any general or local law. I b, The proposed activity will not cause unusual or burdensome expense or police operation by Ú1e County or by any community in which it is 10000tcd. I c. lhe facility has not been reserved on the same day and/or hour requested. d. All oÚ1er applicable County and State permits ha~'c: !x-en obtained and submitted to Ú1e Parks and Recreation Department. ,I e. Special event costs (see F) I a, The Parks and Recreation Department must be a co-sponsor ofÚ1e event for any group to charge an admission fee. I b, The Parks and Recreation Department will provide a copy of an approw:d application to the event organizer to confl.l11'\ fm31 approval of the event. I c, No revisions or adjustments to fmal approved application may be made without prior wrinen notification to and written approval from the Parks and Recreation Director. I d. The organiz;1tion wiJ! include evidence that the organization has acquired or will acquire, all applicable permits state, county, health department, etc. to conduct the event. I 3, Organizations planning to hold a special event at Sugden Park must submit an application and facility reservation deposit to the Director of Parks and Recreation no later than (60) calendar days prior to the event date. I a, Upon reviewing the application, the director may schedule a special events committee meeting with the event organizer approximately (30) calendar days prior the event date. All requested services, permits, rental fees and service charges wiII be discussed at the meeting. 'I Note: It is the event ontanizer's resoonsibility to attend the meetin!.!. orooerlv prepared to discuss the event in detail and provide all required documentation and infonnation pertain in I.!. to the event I b. The Director may approve or deny the application at this time. I c. Event Logistics: The event organizer must provide the Director with detailed event information and copies of required documents no later than (30) calendar days prior to the r.Vl:ot or at the special event meeting, whichever comes tint. The information and documentation may include, but are not limited to the following: I I. Event Mapl1ayout (mapslIayouts available upon request.) I 2 I (C) 10 I DRAFT 16G 1-" 2. Event Agenda: (shows times, etc,) I 3. Vendor List: (names, addresses, phone #' s) of all food vendors, sponsors. non-profit groups, merchandise vendors, and any other group operating at the event. I 4. Supplier List: (names, addresses, phoDe #'s) of all rental companies and sub contrat.'tors hired to provide logistical services for the event. 5. Logistical schedule of event: (deliveries, set-up, clean-up). I 6. Fire retardant certificate for each tent set up at the event. 'I tJote: Upon reviewinll the event 10l!istics the Count\' reserves the right to approve, revise. or denv and element of an or£anizatjon's proposed event. This allows the county to have tbe uanost Quality control standards to ensure lhe success and saferv of ear.h event ·1 d. Parking Plan: The event organizer must provide to the director a detailed parking plan for all areas scheduled to be utilized and the parking attendant3 scheduled to monitor the dermed parking areas no later than (30) calendar days prior to event date, I Note: It is the responsibility of the event organiur to properlv .'lotiI'", the general public of flosed roads and designated parkin£ areas. I E. DEPOSIT POLICY: I A security deposit is required at the time of reservation (S:!OO). The deposit will be returned provided the facilities arc left in an acceptable condition as determined by the Director or designee. The security deposit may be waived for individuals or groups that repeatedly use the faciliry or outside areas in a responsible way on a regular basis. I No deposits are required from government entities or groups that have been appointed by the Collier County Board of Commissioners, I Deposits will be returned due to cancellations only if cancellations are made three days prior (72 hours) before the scheduled event. Any cancellations made less than 72 hours prior to the usage date will result in forfeiture of the deposit. I F. SPECIAL EVENT COSTS: I I, Special event costs: The following costs listed below ba~'e been provided to assist organizations in calculating the County fees that may be assessed for an event: I a. Base rental $ 1200 per day commerc ial b. Base rental $800 per day not for profit I c. If an admission fee is used the daily base rental or 30% of admissions whichever greater will be used. I d. Rental during non business hours $20 ADDITIONAL PER HOUR e. Parks and Recreation staff S 15 per statr member I 3 I ce) 11 __ .~.. ..________ T' I I DRAFT 16G 1 f. Security staff g. Special requests for clean up S20 per hour detennined by department Per hour fee detennined by department I G. PAYMENT Of FEES: Event organizer must pay all fees to the Parks and Recreation Department no later than (5) calendar days prior to the event date. All facility rental fees, deposits and maintenance fees are to be paid at the Administrative offices. Organizations assessed fees during or after the event will be invoiced b~· the Parles and Recreation departmeDt on an individual event basis. All fees must be paid to the P<1.rks aDd Recn:ation Department no later than (30) calendar days after invoice. I H. DAM.1,GE/CLEAN UP ST A TEMENT.-,;"jCharged on individual event basis} I ··:1 Any organization which holds a special evrnt on County property will be responsibJe for any area. park or facility that is utilized during the event. All organi7..1tions must provide a clean-up committee for each event Note: An organization that holds an event on County property that causes damage to that property or J5socÏ¡ued prop~rtjes wit[ be invoiced by the Parks and Recreation Deparn-r~.,t. All damages must be paid to the Parks and Recreation Department office no later than (30) calenrJa; ~3YS after invoice date ·.1 I. fNSt'RANCE AND fNDEMNIFICATIQN POLICY: I Indemnification as approved by the County Attorney shall be included in the Rental and Agreement Fonn. I The fallowing provisions for Categof)' I and II Groups (see Fee Policy for categories) shall apply for all events with groups of thirty (30) or more with the exception of Ttgular business meetings: ,I 1. Category I groups shall have at least $300,000 insur.ll1ce coverage per occurrence combined single lin,its for bodily injury and property damage liability, including premises and operations. Board of Collier County Commissioners shan be named as additional insured. If the user is subject to Florida Worker's Compensation Law, coverage shall be provided as required by law. The coverage shall be statutory limits in compliance with applicable state and federal laws. The policy must include Employers Liability with a minimum limit of5100,OOO for each accident. I I I I 2. Category 11 shall have comprehensive general liability coverage with minimum limits of 5300,000 per occurrence, combined single limits for bodily injury liability and property damage liabilit)', including premises and operations. As detennined by County Parks and Recreation Management Director, in the event of above average exposure $500,000 liability coverage shall be required and in the ~vent of unusually high exposure $ 1,000,000 insurance against liability shan be required. Board ofColIier County Commissioners shall be named as additional insured. If the user is subject to Florida Worker's Compensation Law, covmge shan be provided as required by law. The coverage shall be for statutory limits in compliance with applicable state and federal laws. The policy must include Employer's Liability with a minimum limit of $ I 00,000 for each accident. I Each applicant must sign the Rental Permit and Agreement Fonn which includes an indemnification agreement. Certificates of Insurance m~ting the required insurance provisions shall be presented to the Parks and Recreation Department at least one (I) week prior to the date of scheduled use. Certificates shall state that the coverage is specific to the subject event. I J. RESPONSIBILITY STATEMENT I An organization planning and executing an event at Sugden Regional Park will abide by the Policies set forth in this Special Event Policy. It will also supply the County with all the information and I 4 I (C) 12 ,I I I I I I I I I I I I I I I I I I I DRAFT 6 G 1 document necesS3l)' to assure all parties involved with the event will maintain the high standards expected by the County. Note:: Failure to abide by the policies stated in this policy may affect future Special event requests submitted by the organiz:uion. K. SPECIAL EVENT CHECK LIST ALL ORGANIZATIQNS WILL NO LATER THAN Submit application and facility deposit Attend County special eyent meeting Copy of all advertisements Provide event logistics & permits Copy of all insurance certificates Pay all permit and rental fees Pay of addi~o"al fees and damages 60 calendar da}'S prior to event date 30 calendar days prior to evr.nt date 30 calendar days prior to event date 30 calendar days prior to event date IS calendar days prior to eVGnt date 5 calendar days prior to event date 30 calendar days after event date 5 (C) 13 ._,------- I I 1- . t I ~I I I I I I I I I I I I I I 16G 1 COLLIER COUNTY PARKS AND RECREATION DEPARTMENT MONTHLY REPORT >,"',. ·,JVLY 1997 ,¡ Facility Users User Hours Games Special Events Car Count Reveõlue Revenue-vend Users Car Count Beach Users Park Sites Visited Personal Contacts Interpretive Projects launch Car Count launch Users Revenues Concess Penn its launch fees Parking CURRENT YEAR MTH YTD 321,743 201,337 17 350 119,987 78,945 5,513 RECREATION SECTION PRIOR YEAR MTH YTO 3,304,902 1,319,715 1,686 45,929 1,233,830 1,143,570 42,598 263,545 171,839 50 147 99,556 69,276 4,202 NEIGHBORHOOD/SCHOOL PARKS 19,602 196,020 32,800 REGIONAL PARKS CURRENT YEAR MTH YTO 46,374 111,294 1,094 4,470 8 33,583 80,598 14,991 o 3,156 31,098 3,205,579 1,282,328 3,154 31.880 1,195,761 1,039,901 30,6,! 328,000 PRIOR YEAR MTH YTO 523,927 1,252,887 12,981 88,079 150 333,510 798,640 114,656 1,250 38,561 390,381 42,666 102,395 1,306 9,514 13 22,487 53,968 6,870 140 2,803 31,081 (D) 14 503,089 1,205,243 10,303 93,777 55 287,917 691,235 86,023 2,462 25,941 383,680 I I I I I l- I z !.IJ ~ I- a:: <:: I- a. 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U uJ ~ " 0 CI (I) (I) ...J g U 0 8 :.:: z u >- u uJ uJ W ...J U :J W êð (I) u <-' W 0.. ~ ~ uJ (I) CI U t¡j \.L. ...J ~ ~ z a: a: z ;2 ~ z ~ z ~ w :.:: 0 w ð < :J w ...J CI 0 !- Z U CI 0 w >- ...J 0 ~ < ...J ~ (I) ~ ...J ~ !- :¡ W J: U ~ ~ 0 ~ <-' g ~ w Z !- ~ :J " ~ \.L. <-' 0.. :; < (I) !- (D) 15 16G 1 ~ '" m N .. 01 II 0.. "e . o N .. ., 2' II '5 " C II .. .. J! J:; g~ eS ;5 "'. 1~ ;).... f~ tª cc..: c- .2 -. '"8 §~ a: II - ;) o~ ;!.- 16 (] 1 I RECREATION SECTION MONTHLY REPORT JULY 1997 I 1. J,íJ.L!..lLUOJJ.NTY IV. VETERANS COMMUNITY PARK AQUAnC FACIUTY I Pro¡r:unsIClassc., 3S2 ProJT1ll1UlClasses ~! Facility Usm ( 6.202 Facility Users ~6.9S9 (astructiona!lIours 302 InstructionaJ Hours 1.-419 User Hours 33.012 User Hours 20.661 I Revenuc 26,017 Revenue 6.001 S~cial Events 650 Special EVtnts 0 Vehicle Count 10,617 "1 n. EAST NAPLES VII, VINEYARDS COMMUNITY CO/,./MUNTTY PARK PARK Progr:unslClassC1 103 PiogrôIITIs/CllI5ses )01 'I Facility Ums 41.140 Facility Users 22.070 J nstructionaJ Hours 1.219 (nsU\lctional Hours 1.639 User Hours 22.368 User Heurs 32.s0~ Revenue 3.141 Revenue 7.798 I SpeciaJ Evcnts 0 Special Events 0 Vehicle Counl 16.725 Vehicle Count 9.196 III. FR.-INK !t/,KKLE YIIL GOLDEN GATE FITNESS I COMMUNITY P,-IRK CENTER Programs/Classes 104 ProgrôIITIslClasses 3 Facility Users 11.500 Facility Users 2.846 lrutructional Hours 1.157 Instructional Hours 14 I User Hours 16.737 User Hours 2.857 Revenue 4.151 Revenue 6.290 Special Events 0 S~cial Events 0 Vehicle Count 6.000 Vehicle Count GGCP 21.262 I IV. IMMOKALEECOMMUNITY IX. IMMOlCALEE SPORTS PARK COMPLEX Program/Classes 80 Progr:unlCI asses SJ I Facility Users 106.887 hcility Users 17,119 Instructional Hours 1,428 Instructional Hours 414 User Hours 12,810 User Hours 11.457 Revenue 1,508 R~ue 5,702 S~ciaJ Events 0 Specht! Events 0 I Vehicle Count 44,2()3 Vehicle Count 7,902 Counters not working com:ctJy .~ V. GOLDEN GA TE COMMU,",7TY X RACQUET CENTER CENTER :1 Program/Classes 77 Pro¡ram Classes 66 Facility Users 14,260 Facility Users 1,611 Instructional Hours 1,861 InstructJonaJ Hours 66 I User Hours 36,1~1 User Hours 2.674 Revenue ~,I72 Revenue 5,1-49 Special Events 350 Special Events 0 Vehicle Count 4,6~0 Vehicle Count 0 I I I I (D) 16 I I I I I I I I I I I I I I I I I I I 1 óG l' RACQUET CENTER REVENUE REPORT .~ '~M!lU;' ~YTD' - - r>~ îi"!ftL~ ~~ ' . ¡...,,- ~ """"'.. .4....':1 : . '.. ' '. c, .. 93154·:;" "!,93194 '. ' . . ."SIK: ' , ::- ' ,96191.1;" , , '.., _..r.. OCTOBER 6,046 6,046 5,371 5,371 6,173 6,173 12,811 12,811 NOVEMBER 7,948 13,944 8,595 13,966 12,327 18,500 10,434 23,245 DECEMBER 8,140 22,134 6,722 20,688 5,418 23,918 6,989 30,234 JANUARY 9,609 31,7 43 10,432 31,120 10,001 33,919 9,600 39,834 FEBRUARY 7,438 39,181 8,176 39,296 9,719 43,638 8,851 486,855 MARCH 4,597 43,778 6,121 45.417 5,796 49,434 6,156 54,841 APRIL 4,605 48,383 5,016 50,433 6,587 56,021 6,287 61,128 MAY 2,936 51,319 4,328 54,761 3,817 59,838 4,149 65,277 JUNE 3,652 54,971 3,918 58,679 2,158 61,996 3,081 68,358 JULY 3,206 58,177 3,321 62,000 3,990 65,986 5,849 74,207 AUGUST 2.435 60,612 2,945 64,945 4,546 70,532 SEPTEMBER 3,098 63,710 4,182 69,127 6,830 77,362 .., Page 1 (D) 17 ~'~t--t-;( ·w'r,/'.o(,~, ~~.J. '.,.'1.~''':'.''¡': \ " ....4. ~/,'"1" ~.~ ..~~....'\'.",,~ '. ._---_.-..._~-- I To: Marla Ramsey Director 16G 1 Department of Parks & Recreation I From: Mary Ellen Donner, Recreation Supervisor Date: July 1, 1997 Re: Pool & Fitness Revenue Report I FY YTD FY YTD FY YTD " 94/95 94/95 95/96 95/96 S 6/97 96/97 I OCTOBER Pool $4,232. $4,232. $3,262. $3,262. $3,509. $3,509, Fitnus n/a n/a n/a rJa $5,567. $5,567. Totals $3,262. $3,262. $9,076. $9,076. I NOVEMBER Pool $3,679. $7,911. $2,978. $6,240. $3,122. $6,631. Fitne~s n/a n/a $4,447. $4,447. $3,912. $9,479. 'I Totals $7,425. $10,687. $7,034. $16.110. DECEMBER Pool $3.139. $11,050. $ 1,294, $7.534. $3,689. $10,520. I Fitness n/a n/a $2,845. $7,292. $4,342. $13,821. Totals $4,139. $14.826. $8,231. $24,341. JANUARY Pool $3,872. $14,922. $2.878. $10,412. $6,291. $16,811. I Filness rVa n/a $7,714. $15,006. $14.867. $28,688. Tota!s $10,592. $25,418. $21,158, $45,499. I FEBRUARY Pool $3,815. $18,737. $4,603. $15,015 $8,254. $25.065, Fitness n/a n/a $4,082. $19,088. $8 , 1 91. $36,879. Totals $8,685. $34,103. $16,445. $61,944. I MARCH Pool $10,309. $29.046. $6.675. $21,690. $18,771. $43,836. Fitness n/a n/a $3.760. $22,848. $5,396. $42,275. Totals $10,435. $44,538. $24,167. $86,111. I APRIL Pool $12,851. $41,897. $11,312, $33,002. $13,784. $57,620. Fitness n/a n/a $5,204. $28.052. $6,978. $49.253. I Totals $16,516. $61,054. $20,762. $106.873. MAY Pool $16,846. $58.743. $15,255. $48,258. $26,016. $83.636. Fitness n/a n/a $4.030. $32,082. $6,919. $56,172. I Totals $19,286. $80,340. $32,935. $139,808. JUNE Pool $19,396. $78,139. $20.540. $68,798. $35,210. $118,846. I Fitness n/a n/a $3,318. $35,400. $8,077. $64,249. Totals $23.858. $104,198. $43,287. $183,095. I JULY Pool $12,936. $91,075. $18,424. $87,222. $26,017. $144,863. Fitness nIa n/a $5,181. $40,581- $6,290. $70,539. Totals $23,605. $127,803. $32,307. $215,402. I AUGUST Pool $11,664. $102,739. $17,195. $104,416. Fitness n/a n/a $4.833. $45,414. Totals $22,028. $149.830. I SEPT Pool $8,704. $111,443. $11,459. $115,875. Fitness n/a n/a $10,078. $55,492. I TotaJs $21,537. $171,367. Should you have any questions, please contact me, I (D) 18 I I I I I I I I I I I I I I I I I I I 16G 1 ' PARK RANGER PROGRAM MONTHLY REPORT JULY 1997 '" ADMINISTRATION: Routine administrative, evaluations, scheduling, collections FIELD OPERATIONS: Routine patrol of beaches and parl<s, enforced Ordinances, as ted pari< visitors, collection of monies from meters, bank deposits, commissioners packet delivery, restroom maintenance at beaches, trash and debris maintenance on beaches, boardwalks and parking lots, Maintained mounted patrol, vehi etc. Vandertiit Beach party - set up and clean up, REVENUE MONTH YTD CAR COUNT USERS MONTH YTC MONTH YTD 2,764 64,148 6,633 152.884 5,711 89.730 13,706 215,347 13,713 123,513 32,911 294983 7,686 129.426 18,446 310619 9,897 89,247 23,752 212188 4,847 49,397 11,632 118549 1,756 24,840 4,214 59611 46,374 570,301 111,294 1,364,181 BEACH FACILITIES 20,287 108836 47633 179128 24034 2234 23813 1 5513 421,478 738 6909 3522 13470 2277 214 2553 1415 31,098 Barefoot Beach Access Barefoot B each Preserve Clam Pass Park Tigertai Beach Vanderbilt Beach North Gulf shore South Marco Vanderbilt Beach Rd Meters Totals 10680 220 Citation Revenue METERS 1290 10718 o 0 o 0 o 0 2059 15975 3349 26693 BOAT lAUNCH FACILITIES BayYiew Pari< SR 951 Caxambas Lake Trafford Cocohatchee River Park Totals 6072 5100 6542 17059 45825 80598 104200 56551 70529 180718 467240 879238 2,530 2,125 2,726 7,108 19,094 33,583 43418 23691 29393 75490 195101 367093 INTERPRETIVE PROJECTS MONTH YTD 8 158 PERSONAL CONTACTS MONTH YTD 4470 92549 PARK SITES VISITED MONTH YTD 1094 14075 Page 1 (19) ~ 'I I ,I I I '1 I I I I I I I I I I I I I 16 G l' PARKS MAINTENANCE MOî''THL Y REPORT JULY 1997 ., · Field renovation of four soccer fields at Vineyards and one at East Naples complete. · Pro shop renovations at ENCP roller hockey rink complete. · Vineyards Community Center repairs complete. a Repair of Clam Pass wall complete, · BCC approval for Ca.xambas Coast Guard building obtained. · InstaJlation of communication tower at Vineyards complete. a Concession agreement approval for Tigertail Food and Beverage Concession. · Repairs to canoe launch at Clam Pass complete. e Work Order approval for Tigertail Beach bath house renovation. · Gang related activity in lmmokalee area increasing. Vandalism of park sites occumng. (20) " --~'" - -- ~.Y.l. DP.þAM:mp.nt of Cn11ip.1" Count1.1 Parkg and Recreation July 1997 I I I I I I I I I I I I I I I · Impact Youth Night was held at the Golden Gate Communit'j Center on Saturday, July 12th. One hW1dred and fift'j youth's turned out for the event. Live music from the bands "Peach Time Prophets", "50/50" and "Christi Holder" entertained the you'iN. Free food and sodas were given out. The event was put on by the Golden Gate Comlm.Uli~ Center. New Hope Minirnies, and Vineyards Christian Fellowship. · The department held three teen nights dUl'inq the month of Jul'j. A total of 250 teens turned out at the events. The events were held at Ve1erans Communi~ Park. Immokalee Sports: Complex and £ast Naples CommW1i~ Park. · The Immokalee Sports: Complex held two pool parties. One hW1d.red and seven~ five participants turned out for the parties. · A Family Volle'jba.ll Tournament was held at the Immokalee Sports: Complex. Around 65 participants and spectators enjoyed the event. · Midnight Basketball srtarted in Immokalee. The event takes place every Saturday night and averages 65 players per night. · Soccer field re-sodding is complete at East Naples CommW1i~ Park and Vine'jards Community Park. It took 80 pallets of sod and cost $26,000. · The Golden Gate Aquatic Complex has averaged $16,000 guests per month using the pool this summer. · The Summer Food Program conducted through this department has served 13,104 breakfasts; 50,344 lunches; and 17,487 macks through the month of July. (D) 21 16G 1 I A,.OOpr~ A- eå.~roRT '.;1!'" "'-,~ ."..._~I~''''''t~.:/ -'. ..-..,.:". ..·1. ~."''''''')o.: ~'''',, . 414 ~I.· "'"~'''.''''' ..... 'I""~ ,. ',' '-"""~", '.~ '.'_.:(}~¿ j~\.~M,;"..(:j;(.'v' ,K::; .r'! ·7;.:~,f;~)~~¥~~~::,.~,tI. \': ~.~..1;,"''''i~'-'!<~'~/':!''r~~~:-(l '1', ,~<"Pi~-~~')\'·'0.~...\ ''/l',Y"\.-t', ~./.~·,.~:,~l,f",:,.¿/\~r·f,,-,t.- >--<·~~~J·'~'i 1f<,~'J,' :1'\'-''J<~'',.··,u'''&-f','~ ~,.."\..;.. ,~t~ ~~)1...·,,,,,, tv"l ':).:.' (,'i,# ;1;.\",')- \ ~\.I( '·);r'/I. "V'-'_"~ \ .,/1-'1., ~ ~""~:I"·",·,· .'''':..--..; ," '-'~"""--'1""" 'it.ì\~::~~¿::5"''(.~;>:~·:(.<:~)~,i :¿~~:~~:~i~í "i~:::' ":;)\(?"; :!~~:~':' ..¡:';,\:7L:~, :~;?\I)/' ~,~::,:~::~,:, ( ~\~,^~':I:",7i, /c- ~/!/~' ·~~"';\'/!.::·1',:<~'·~' >\\ ,,..;~,,, \<1- '.,¡.:;" . \(,..;.. ~'i'''('' " \'S¡i': ¡." i ¡ j~<'i )'k-'('7í~~!:~'{~';' ;~'~(.":{:~ ,¡':i{i': -;;;~:;..,)~~. :;1'[:.-,,/, ~'~~,~',"~:"J,:,I(~" ~~,::,~; ~~;:' ~'l.f. "I,,~, ¡'<:? ." ';l~' ,.1,¡}' ~..., ,'.:11"", ¡;". ).., ¡;o, .\. i-,f../I,:'4.-\ ~.". ../~ ·'~-·~1~.. -')"'/,;...,' .:,; '/',.". .,:, '1' \/-j.'" ·'¡O. ,~.. . _r"t{..,-\ ,,;. ì'),' : ,'~ ~'j~,iX..;:'~ !·,..·";;t" ,j' ,;<'/"'~'! ','( lì'~~¡ ¡>.,.,:'.;<";\. ,', /,;,'\<'.~ .'" ;"'\i'(" . jO, '~\ l..,~.t,,,,, \~,.",.,,' .....4·,·4'·.· \.,¡(.".o'.".;'~. ,,(~,1' , .....,.. ,.__.,.I.(j....}y. ;~t;~;{ìl'::,~;\ ~;« ~~'~ ~~_'\\l"'} ,';('~;.;:¡;"..:;.:::: ..~<,c~I~>,'):'»·;', i,·-~;,·S~,~{¡: C~{-~i::~ "1.;::- ,.;...'Jt....,ir, f',..j". t. ,J H·~·I\;,,¡,,"-~.~ --\. ';tI.·,.;....~:~y,t...,/"J"'··ì.r¡~,t;. ·;,..:t""......'(ì "....-11,' "',- .,....../ .~.. ~':~i'''''~':'~''~ ~~·.í); :r:!c .. t· p"" /'~~/\:'~"'_ 'j' (.,'J,"/~L;~,';,·c(,..........., ~;'j!" (' , ¡~,( ¡,_ '.;; z.~~v t, I \it- ,,;~j.>':¡'~ .I... '.tj-":",......;, :'--:l't)''', ,..... '/' )~ l;""f:'''-¿''¡lJ''' \....'~: I ~~~.~ ,,,,.~.¡ "- ,,<ì",:¡:;"~,,>.¡,;"";'';:'-\''.·'';;,':.,,:,\~; 1:-'~";;''':~'';:'(';;';;~'::;;:''''~',''''''}::,~~''¡! -;'.J;'g -Y'':; ,~ Ì!.-t'''''.l': ¥,¡j",-;õ·;.{;' ~)"-.~} ~c-'1.::" r.,-\. '.:':.~~; \:;"';;·.:':;"";-'i,·C" ~.~ .' ~;, :, +' >I""'~'~' "'.~" {. ,..-;¡<'.} ,,< ,.<11'<-' . '\i,; ~ ~,'. '."',__, r,-J:"T~""" ,'-'fr. ,~ ~\' " ¡.-......... ..-::\"." ".J (." fl, ' .,:,. ,1",,¡;, ~ I,· .~,-,' .\o¡.-, \'W7J' ~ ......'\. -'. ~:",è:'", ,~'':.. '~} ···[;trl.:~'~:',~,~; ~ "a.~\>~-~;71 .....,.'," . "~ J" .·'3\\:::o\~';_I' .v.:" \." :.-. ~,;'\.:." \ ';.' ~·,~t.'.-~v: ,/~'. '):.'...../0.. .¿~. ')~.. ~{"^~..,,~1- ~?h"I...-,.'..}..f" 1"~ ·.fo.-"'" '¡',-,I'-->' \'Y ._ " "/', ',,~. ~. t'{I'.f ,'-~... ..'"(":"\.,:'...'_'_.....""'~\.7~ ,'\'......, v~~'" ~}.~:' 10f7'1.:J ~~. 1-.. \"..::- _~.~-~.f· ·~·It .,¡~>:?, :~~, ~ ·:.:.~·.fl;)\~" '1'1,'::"" ,," ~ ./~, ",/. '>~v·l ~I'" ':.,.'i1~/·;\:,,;: ,;-(.:~ \ "-"':''',~ . ",". "". ,.... , ' f ..) ;''''' fiT'" _, ",'''' .'¡..' \ .. "~to '...- ,.., '.'~ ,. ...- , . " ,., 'fht Adopt-A-Park Rtport is provided by tbe Parks and Recrution Ad"isory Board. Each PARAD member visits their adopted parks and gives a deUilr-d ~port of tbe parks condition. The purpose of this report is to help Parks and Recreation Department to continuaUy improve in maint2ining park facilities. ;"1 ~::..; .~., ."'...... . ¡ ~. ~ ;'1' ,\..: ,",:'>:. ¡., .~. ~ ;·1 ,:,,1 ,I,. ''...' W.'I ~ ' ~,,' í!; ,.; ':'1 " ~... ~'. .. :1 ',1 '.- , "e·:1 ... . ?"~: ,,:, :1 " <"'··1 1', ~ , "'1\; Tnn BI'H'hfonl: Billie Cbenc:y: ***1It"1IIII:~ GiI MueUer: Gayle Stan: Elaine Wicks: Joseph Zaks: ;\. "('rel :H\\ ('0£l1111\,nil) Pari, 1~t'!,.~;1 1.11 t :: 1 1);'1 ~L ('jam I'a\'i CnnHnilOi!:, !':l~ ¡., I. Immokalee Community Park Report on 8/27197 b. Immokalee Recreation/ Aquatk a. Golden Gnte Community Park r~{'por (11\ 9/2-1/9i h. Golden G~te Community Center c. Max A. Ha§st' Jr.. Communil:,' Park I. Frank Madde Community Park Report on 10/22/97 b. Tigertail Beach c. Collier Connty Racquet Center a. Cocohatcb~ River Park Report on 11/19/97 b. Lely Barefoot Deatb I. Vineyards Community Park Report on 12/17/97 b. Bayvie,,' Community Park a. Sugden Regional Park b. East Naples Communit), Park Completed on 7/30/97 " (E) 22 ;, .; ~: ., .-.------., I I I I I I I I I I I I I I I I I I I 16G 1 ' \.': ~ \ ,\ t·. . ' ! \ '.. ~ I;,' '. i I ; \ , . ! ~ ! I, ¡\ugllq 2~. ¡tI(l]. l11~dil1g ~chdukd ;Jt C()C()kltcl1~c Ri\'t.:], ¡>ark. Valllkrbilt Road. Napk.;, 'Jt1ml<l. <II 2 ()f) P 111. l S~pt~111bcr 2-L 1 ql)¡, 111Ú~tIIH! :'l.:lh:dllkd <II Sport~ Cùl11pk\. ,,()~ h<':<1l11bl(\ Str~d. ¡:¡()rida at 2:00 p 111 Il11l11okakc Ill1mokakt.:. :'. ()ctnhl..:r 12. 11..)(.)7. 111t.:t.:tint! ~ch~dlllcd at \/~teré\l)~ C0I1111llll1lt\ P;lr~. llOn 1t111110K<lkt.: R(\ad, N<lpk:-.. FI()nd;1 (1t 2 00 P,111 -L * No\ (,Inber 19. 1 ()l)ï 111~~tll1g :'\chedukd (11 (ìold~11 (ìal~ ('Ol11l11l1l1lt\' Pal k (.'\dl11ll1i:'\lral1<Hl Ofllc() .,,:;O( Sanla narbara BOllk\é1rd. :-J(\pk~. Florida at 2()() pm, '\01 L: \J('dill:! d;IIl" rould Ill' rhal1~l'd dul' 10 1\lIlida~' 0);"'('('\ l'\1. I' \1{ \ B llIl'rllhl'r... "ill IH' IlIiljtjl'd 2 \\l'l'k... prior' 10 IlIl'l'till!! dall' in I Ill' (" \'111 or ; l' 11 all!! l' '" \11-. \,\" \ \)\'1 r ()I~ \ to( \ \10'\ 11.\" HI',L'\ ( \I \'\<.Ll>. (E) 23 )Vl 16G 1~ ,. '" . I Agenda PATHWAY ADVISORY COMMITTEE of the Naples (Collier Co,mM Metropolitan Planning Organization August 29, 1997 8:30 a.m. Collier Count)' Development Services Center Conference Room E 2860 North Hone!lhoe Drive Naples, FL 34104 Notice: Any persons wishing to speak on any scheduled agenda Item must register prior to speaking. Any person desIring to have an /Jem placed on the agenda shall make a request In writing with (I descrIption and summarIzation of the /Jem to the MPO BicycIe/PedeslTùm Coordinator atlem U days prior to the date of the next scheduled meeting of the PAC. An)' person who decides to appeai a dectdon of this Board will need /I r,cord of the prøceedInp pertaining therdo, and therefore may Meú to ensure that verbatim nct!-d of the proceedings Is nuzde, which record includes the testimony and evidence upon which tire appeal is to be baed. 1. ADDENDA TO TIlE AGENDA II. MINUTES III. OLD BUSINESS A. Re¡x>rt on the Mctro¡x>litM Planning Organization's Final PriClritization of Pathway Related Projects eligible for Transportation Enhancement and STP Funds. B. Update on US 41 Reconstruction Sidewalk Design IV. NEW BUSINESS A. Discussion of Pathway Priorities for Local Funding 5. MISCELLANEOUS CORRESPONDANCE 6. DISCUSSION OF ADDENDA Misc. CGW:;: 7. ADJOURN , ¿/ Norris / Hancock / Constant ine ~~I , Mac'K ie ~/ Ben] J- Date: Cl_d-?:>-Cll Item I! \~. ~ . CoPI.. ',,): "'. ,~' . 16G 1 MINUTES P A THW A YS ADVISORY COMMITfEE MEETING DATE: Friday, July 18, 1997 TIME: 8:30 a.m. PLACE: Conference Room E Collier COUIlty Development Services Center 2800 North Horseshoe Dr. Naples, FL PAC MEMBERS Robin Carver Cher Compton Mike Conway George Dondanville Michael Feldman Christopher Hagan William B. Kimberly 111eodore P. Litwin Elizabeth Ann Winnie x X ABS X X X ABS X ABS STAFF Amy Taylor Ken Heatherington Gavin Jones x X ABS Others Present: Russ Muller Ed Kant Steve Fabiano Transportation Enhancement Applicants CALLED TO ORDER: 8:37 PRESIDING: Christopher Hagan 1. ADDENDA TO THE AGENDA Mr. Muller requested that two items be added to the agenda. He explained that one of the items would be an updateFor the second item, Mr. Muller distributed an Executive Summary requesting the PAC approve additional sidewalk construction. Mr. Hagan added these items as 3A under Old Business. 2. APPROVAL OF MINUfES Ms. Taylor reported that the minutes from the previous meeting held in October 1996 had not been prepared in time for the meeting. Mr. Hagan deferred approval until the next meeting. 3. OLD BUSINESS ---'''. 16G 1 A. Pathwa.vs Update Ed Kant. Transportation Services Department and Chairman of the CTST provided an update of Safety Improvement Activities. Mr. Litvin raised the issue of pathway improvements during reconstruction of US 41 East from downtO\\11 Naples. tv1r. Muller emphasized the importance of green space between the road and sidewalk. He stated he would rather see a 4 foot sidewalk with 2 feel of greenspace in between. Mr. Kant expressed concern over increased maintenance costs. Mr. Steve Fabiano from Transportation Services suggested that hardscape could be considered as an option. Mr. Hagan asked if the PAC should make a recommendation at this point. Mr. Kant reminded the PAC that at this late date. design changes would cost money. Mr. Muller countered that savings might be gained if2 feet less concrete was used. Mr. Hagan suggested that this discussion be deferred and directed staff to invite rcpresentativcs from County and FOOT statIto discuss implications of design changes to construction and maintenance costs. Mr. ~!luller provided an update of pathway projects for each of the Districts and then asked the PAC for a recommendation to approve three locations in District One for construction prior to October 1997. The projects propose to construct sidewalks along Martin Street, Georgia A vcnue and Trammel Street for an estimated cost of 82.314.50. Mr. Hagan called for a motion. Mr. Litvin made a motion to approve. Mr. Feldman seconded the motion. Motion passed unanimously. 4. NEW BUSINESS A. Prioritization of 1997 Transportation Enhancement Project Applications. The discussion of Transportation Enhancement priorities began with Ms, Taylor welcoming the applicants to the meeting, Ms Taylor provided a brief overview of the current status of the Transportation Enhancement Program in terms of current funding levels and FOOT District One policies. Ms. Taylor explained that the applicants present would have 3 minutes for presentations prior to prioritization of projects by the PAC. Representatives from the City of Naples were not present for the Fleischman Boulevard and Park Shore Drive Bridge Projects. Mr. Mike McGee gave presentations on Golden Gate Community Roadway Beautification and lmmokalee Downtown Streetscape. Ms. Compton presented Goodlette Greenway Phase III for the Southwest Florida Land Preservation Trust. Russ Muller and Lt. Mittenberg presented the Rural Safety Refuge Projects. Ms. Taylor provided an overview of the resubmitted Immokalee Sidcwalks and South 5th Street Sidewalk Projects. After the presentations, each of the PAC members ranked the projects one through ten, one bcing the highest. The members' rankings were compiled and totaled. Mr. Feldman ntade a motion to prioritize th!: applications as ranked by the PAC memben in the order below: 1. Goodlette Greenway (Phase Three) 2. Rural Safety Refuges 3. Immokalee Sidewalks 16G 1 4. Immokalee Downtown Strectscape Beautification 5. Golden Gate Community Roadway Beautification 6. South 5'h Street Sidewalks 7. Fleischman Boulevard S. Park Shore Drive Bridge Bicycle/Pedestrian Enhancement Mr. Litwin seconded the motion. The motion passed unanimously. B. Prioritization of Pathway Projects included in tile Unfunded Priorities for Surface Transportatioll Program (STP) Funding. Ms. Taylor explained the STP funding procedure. Mr. Litwin made a motion to prioritize the pathway projects as follows: I. Santa Barbara Blyd.; 2. S.R 29; 3. Collier Blvd. (Retrofit sidewalks)j 4. New Market; 5. Rural Safety Refuges; 6. N. Tamiami Trail; 7. CR 951; 8. Davis Blvd.; 9. Collier Blvd. (Bike Lanes) 10. Misc. Shoulder Improycmentsj II. CR 846. Mr. Feldman seconded the motion. Motion passes unanimously. 5. MISCELLANEOUS CORRESPONDENCE Mr. Ken Heatherington. MPO Coordinator shared pathway related infonnation received by the MPO with the PAC members. 6. DISCUSSION OF ADDENDA Items added under Old Business and New Business. 7. ADJOURN Meeting was adjourned at 12:35, -_.._,----..--~'"'._----'-_._._---_._._--_.,--~ ---... .h -;. r'''! \',~..' t.) "\ 16G 1 I " EXECUTIVE SUMIV'.tARY Report 00 the Metropolitan Pi'Dalng Or¡aniution's Final Priorittutioa of Pathway Relstcd Projects eligible for TrnsportatJon [ab.DumeDt aad STP FUDds. ObJecHve: To update the PAC on the MPO's action on the STP and Enhancement Priorities. Me-etlag Nota Cons!.Jerstions: The Metropolitan Planning Organimtion fmalized the Enhanct'met1t and STP priorities at its July 25,191:',7 meeting. Staffwill provide an overv~cw Ind I':xplaiD the MPO's actions relative 10 Pathway Projects. Stnff RecommeodaUow: For infonnationrll purposes. /' Prepared by: :'_ l n~~ /1 0.;.¡f 1..,..-:.. / Amy K. TatJi>r, Transp1)rtation Planner Date: 8n.0197 ~'bY' ~;p~ ~CW~ Ken Heather' gton Coordinator Date: 8n.0197 .. Motioa: Made by: SecoDd !)y: Vote: PAC AlCIICIa A..... 29, 1997 I.... 3..A. ,.._~---->III' 16G ,I I I II : I 'I ¡,i i ¡' i Ii:' ,¡! I I I ! i i : ~I Iii ¡:¡i ' I ; ,'I I II I I' i 1 ',I ~ ~I' 1 ¡ill'l ~I ' 'I' '; I ¡ I I : I I I' I I I ~ -I I I -I I' I I I, I' , , :f. ,., 1..1 _1_1 I I I "'I'" .. I' I, II I ' I I : ¡ \ ~ I~~~ ~ ! ~ ~j~ I II ¡ I ¡ 4 I J j I I .. 1-\"1-1 I I - ::¡I=I 'I I i I \ I' " W [:J ~j;¡;i:f51]10¡5~;1QJ~~~;I*-rë ë 5 ºJ~Bl-kë\ ! IJ 'If: ~ i i~! mu I ~ 1§1~,,~I-11 ~'~¡1~ ¡ I ~~i~ ¡I ~i I~! ~I I I Ii i~! ~ t!'4¡-\ \-t-rH+'-rî1-~-~ ~~I ¡' ,~rri I oil ~-¡+ I LJ ;!L__~ .J-1-LJ-t$' æ! Ie æ\ æl_LlÜ~ g:!~~ l! f!~æl I ~ f fl I 1; 'I: = ¡~I'I : I I ! 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P,:d I) 0. 0'1 0 o.e üo. s:: ~~ o nI ,5 s:: I) s:: 01 > - 0 -5 C) 41 0 s::- 0 ,S:¡ ~-3 ~.t1 '0 ~ 13 ,!H.l 4) 4) -; ü '0- III I 01 ~ - - üU) t;¡\G, 0'1 I 0 " .. .. s:: 0 E ..U> III o.,¡:: e 0'1 ..- ,S ü~ 0..0> ã ) ~ ,~ ~ ü ~ ~~ 8. ~~ e 0 ... s:: 0. I) I) ~.2 -a0 .., I) '...."0 0 0 ~ '';:: I) 0 0 o .., ~ 0'1 .. u u:a o " - ~ .a u ~- 0.. §] Q ;"0 I) s:: ~ Q s::0 ~ s:: ü-d ,¡:: ~ III Q nI OJ- .3 ,¡:: . 00'1 0.9 OJ .., '.;:1 I) - ,¡:: I) 8:~ ¡: -"0 ,~ s:: '':: nI '.... 0 .. .. '" ¡:.J~ - 4) "0 ., III :iJ -.9 ~ ~ gø:: I) .. III 1110'1 e ~ > ~~ 10 s::'" Q III o OJ "0 ~ i ~ ~ ¡~ 8- ..,"0 .. OJ " Ig 8.~ 'E ; -.Q 0..l:J ~.Q 8.:a 0 ;-5 0 üU) Ii o 0 CI - .. ~ '" 00'1 '" ::tø:¡ ~:a 41 .. ø:¡J! 0. "0 OJ ""0 C)~ ,¡:: ø:¡o. I I .-.It) ~ .......OJ G;) II Ü OJ ; o.s:: g-5 s:: ~ ~ ¡XI 41 >-"0 OJ::: o.i 8- ¡:.J G ¡:¡ III s:: G III III e:- ~ '" o.:;s ~ 'o~ ,~ G ~ III ~:a "',¡:: '0 OJ.!! 'o1Ï ~~ 0 M·¡ .. "oG "0 ¡:; .. - I) 0. .. , 0... I)t' 0.4) Q- .., " =8 .. s:: ~ :: OJ t',~ 0.] ü !:!l ~~ ~; 0:a ~~ I s:: C:X:G ~.Q ~.w ~~ 41 ,~e .&::0'1 l:J C) C) .. '0 I 0 ø. .S ~S U) ~ I ~ 0'1.2 .. "0 ° "00. :;s CI >-õd i"O ~] :g~ . :¡¡ It~ 0. ~o ¡:; II ª~ . H ~. ~~ ".&:: .2; ø:¡~ C) C) -8~ > 0 ~- It 0 E~-d ill- s:: III 4) '" .~ 41 "3- :; ; o -ð . C) 0. j S . ~] U)"O I CI ~Br =' r: > 0 4I.Q :; _.... :;~ 0.... >- C) C) 'C:: - C) III ø:¡¡g 11"0 "..II¡ ~~j U) I) Q&. ~'¿t 41 '" "3s:: 0'... ~-5 ¡- ~ "3 l:J.... :¡¡ H ¡ e "'.... ø. C).Q Q "0 CI u)o o '" O~CII H.t: ~ ø.,8 .tg ø:¡0'I :::"tI -.Qo. :a .5 ....050 fsU) g ~.s s::o-'¡¡ G) ¡ lu ,gø:¡ü U)¡IQ ·a :it ,~~ G).... 0 1~ Ii U)Clg -5 t~ "tI.Q :güs:: -~~ 0::J:: III ... ~-=- ~¡ ü s:: G) .. 5e o i C) ~GO E;::~ o~ c..S::CI '... 0 o "tI .11 ~-= CI:- >'tI 4) "0 oÕ "¡"tI "tI "0 '0 "0 :g .'i'õ . .¡ ¡ 0 .:E . Ii . .. . u 0 . .¡ . .. . I) Û t-- I U) - ~ C'? co C\1 <C I 0( ø. ~ ~ I I I C'? - I C\1 - 1 t) < t) ~ , I I I C\1 C'? I - C') I >- '2 o >-: ~'.;:1 8'~ ;·8 '.;:1 0. ·C ,8 I 0.-5 ~g. .s.; g.~ ~~ i"'å ...~~ b~i eoo. 0-'" -s::>- ~·gi "tI .. '~-g ~ ... gg I 0. s:: ~ 8 :8~! ·n ..-= '~ š~ 0'0 ~ '¡:: .....100 0..111 Õ ~t)S:: ~~~ 2~t) 5lt)~ ~~a - .. .. 16G 1~ EXECUTIVE SUMMARY DiscussioD of Patbway Prioritiu for Local Funding ObJectiYe:: For the PAC to begin the process of prioritizing pathway project.~ for local County funding. McctiRC Notes CODllderations: The new County fISCal year begins in October 1997 and the pathway budget is expected tc be $250,000, At this time., the PAC can begin to prioritize pathway projects for the new tisr..A1 year. Staff' has received pathway t\.'qUt:m fj-om citizens. Thc:.;c requests wii\ b-: added to the Worle Progra."JI and prioritized in \.be appropriate District with ether projeçU. Staff will rqx>rt on the status of CUTnmt projr.cts will also repoI1 on some project limitations in !eons of estimated costs and project locations. The current Pathway Five: Year Work Program is attached. Staff RecommendatioDs: Discuss pathway priorities for local funding. - /) /} ,/' ,-f-, I ' Prepared by: L. /L./)1.{.(._ c. , Iv ~ I .;.."1/ Amy K. Ti lor, Transpqr)ntion Planner Date:: 8120197 Date:: 8/20197 Motion: Made by: Second by: Vote: PAC ApDda Arapst 19,1997 ltea <LA. ---,--..~-,_._.. " .',. 'I \. , .,. .~ ~',¡ " \~' , '~:f-l '( ), ~.< ,,\' .. .- ",',~'~,'~/;~;:\ f"" ;,1" , <" ì " J '" ; " " " <r~ , ò, .' , ., .' e--a " '" ~ = cè:: Q.. ~I 00 >~ ~'" zt- ;;:)~ Sa: =~ u..IE!t ...= ...1'-= .dQ == ~Q. ~ oo~ LiI.I= ~Q ~~ z~ :¡: = ; Q. cr- .2 0\ _,0\ ~..... .§ *~ ~ o 0.0 C .- ã ('j - p... ,.... æ +-' .- - o 0.. o ~ ...... <1) ¿ .- ;>. +-' C :3 o U ¡.., .~ - - o U "-0../ tn ~ 0.. ~ Z <1) ..c: ...... ;>. ..c ~ <1) ...... 0.. o "'0 < ........ .... ...... ... \i / ,¡Þ' ~ '" J '" I; .... ..... '( ~ \' . , > ~ ~. .. . "'., ' . , ' 16G 1 ~,..~.~",-"","",,'''''' .... : ..I ~. 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M> W U - CII 0 (1 U C +oJ I/) W C t.II Q) ,Q :2 ~ I/) £ ..J B en en rn N N :i 10 .,; ~ ....J t.II .... ã að cj 10 ,~ E :J j t.II "S: (1 0 C- o .J ..... '''f JJ U) ::::> í ~ I a:: ~\. .... .!! 10 .-, en :! ¡f 0:: 0 '1 U I- 0 Z '" J :Î 1 6 G 1 i 10 N o ...... ... CI ~ co CÞ ...... ~ CÞ ~ I ¡ I i 2 :I I t ... I It) CD c .!! CD ~ m ~ 16G ...- ... COLUER COtJN1Y GOVERNMENT . ' ¡.... ,-. ~ l'.f.U~ BAY SERVICES DIVISIQN 801LAUR'EL OAK. DRIVE SUITE 605 NAPLES, FL 34108 (941) 597·1749 F~(941)597-4502 ^ CUJIP1ED BLUE CHIP CONWU'N1iY NOTICE OF PUBLIC l\ttEETING NOTICE IS HERBEY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITIEE AT THE FOUNDATION CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON AUGUST 6,1997 at 3:00 P.M. AGENDA 1. Roll Call 2. Approval of Minutes of the July 2 and July 16, 1997 Meetings 3. Discussion on policy for Meeting Notifications and distribution of Agenda materials. 4. - Discussion of Professional Engineering Contracts 5. Status of Operations (PBSD) 6. Audience Participation 7. Committee Requests 8. Adjourn ADDITIONALL Y, TIllS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PEUCAN BAY ADVISORY COMMITIEE, WITH RESPECT TO ANY MATIER CONSIDERED AT TIllS 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. Norr11 Kancod. Constant1nt ~·K1I s.rr,y ~/ '-" 'l' ~- Misc. Corres: C /1 -c\r} Oa~e: ::j- ~j Itemn III ~. Copies To: 1 ... 16G 1 Naples, Florida July 2, 1997 LET IT BE KNOWN, that the Pelican 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 with the following members present: Dr. Alan Varley, Chairman (Absent) Mr, George Werner, Vice Chairman Mr. Thomas Brown Mr. Rodkey Craighead Mr. Frederick Flatto Mr. Edward Griffith Mr, Glenn Harrell Mr. Herbert Hasson Mr. George Hermanson Mr. John Hoyt Mr. Russell Mudge ?\-1rs. Cora Obley (Absent) Mr. Anthony Pires Mr. Charles Popper Mr. Bernon Young (Absent) ALSO PRESENT: Dr. David Guggenheim, President and CEO, The Conservancy of Southwest Florida; various residents of Pelican Bay (approximately 40); Mr. James P. Ward, Division Administrator and Mrs, Barbara Smith, Recording Secretary. AGENDA: 1. Roll Call 2, Approval of the June 4, 1997 Meeting Minutes 3, Introduction of Dr. David E. Guggenheim, President and CEO, the Conservancy of Southwest Florida 4, Consideration with regard to Meeting Notifications and distribution of Agenda materials. 5. Recommendation to authorize Wilson, Miller, Barton &: Peek to perform surveying work within Clam Bay in an amount not to exceed S9,OOO,oo. 6. Recommendation to authorize Wùson, Miller, Barton &: Peek to compile. draft and present the Water Quality Data that has been a.ccurnub.ted and to prepare observarions and recommendations relative to the Water Quality Data oftbe Pdian Bay Scnr1ccs Division in an amount not to exceed S2,600.oo. 7. Consideration of Contract Manager Services with the firm of Gary L Moyer, P.Å for Fiscal Year 1998 8 Committee Requests and Audience Comments 9, Adjourn ROLL CALL: Dr. Varley called the meeting to order and asked that the Record show Mr. Bcmon Young and Mrs. Cora Obley with excused absences. 2472 .- """-<.."~~._-,-,-_....._.._.~._,..,-"'..- 16G 1 PELICAN BAY ADVISORY COM}ÆlTIEE July 2, 1997 APPROVAL OF MINUTES OF THE JUNE 4.1997 MEETING: Mr. Craighead moved, seconded by Mr. Wemer and approved unanimously, the j\{inutes of the Jlmc 4, 1997 Meeting. INTRODU(.ï10N OF DR. DA VTD GUGGENHETM. PRESIDENT AND CEO, THE CONSERVANCY OF SOUTHWEST FLORIDA Dr. Varley stated that he thought everybody was shocked to read the letter of May 6d1 regarding our Mangrove Action Plan which was sent by The Conscr.'ancy and even more shocked by the headlines in the newspaper that The Conservancy had sideswiped our Plan. Dr. Guggenheim graciously called me (Dr. Varley) and we had ¡¡ three hour meeting one afternoon, ':Yh.ich I found to be very helpful and very beneficial. At that time Dr. Guggenheim suggested that The Conservancy's position had been misrepresented and that he would like very much to attend an Advisory Committee Meeting and explain. Dr, Guggenheim thanked the group for inviting him to attend our meeting, The Conservancy is committed to helping ensure that the Clam Bay restoration process succeeds, I also want to begin with an apology to everybody here and the citizens of Pelican Bay. I think it would have been much better for us maintain a healthy, strong, on-going dialog throughout this process. That was our intent and I had hoped that our questions and concerns on the report would have been communicated to you differently. We tried, through several meetings, to maintain a dialog, but when "push came to shove" and it came down to The Conservancy getting its' hands on the Plan to review with enough lead time before it needed to respond to our County Commissioners and the reviewing agencies, unfortunately and I have had this discussion with Mr, 2473 PELICAN BAY ADVISORY CG:MMITIEE July 2, 1997 Ted BroviTl, we didn't get that Plan in enough time. We really had no choice but to review it, comment on it and communicate afterwards. I think. that is what got us into trouble and the media did its job from there and I don't have to tell you about the headlines. I think what happened is that our comments and our position on this issue ha....e been misinterpreted, I wanted to take this opportunity to clarify exactly where The Conservancy stands on this issue and how we hope to work together with you. Dr, Guggenheim continued that the most important message from The Conservancy got lost in all of this. That message is that we have the utmost respect and appreciation for what you are doing here. It is not everyday that you run into a community that takes responsibility and digs into their own pockets to restore the environment in their own back yard, That is an unusual event and is something that we think should serve as a model to other communities. That message got lost and that is unfortunate. We are here to help and not hinder this process. We think the best way we can help is to provide our very best technical review of the proposed Restoration Plan and I assure you that our review is free from any political motive or other agenda. It is unfortunate about what happened with the media, we did not try to publicize our position, We were contacted afterwards by the Naples Daily News, I do not know what "sideswiped" means exactly, I would think. it to be worse in a head on collision, instead of a "sideswipe". I did receive an apology about the headline from the Naples Daily News. It is also unfortunate that they juxtaposed that headline with a quote from me in an adjoining article that said I am taking my gloves off now and getting down to business. That seemed to link. a political motive with this issue and I assure you that is very far from the truth. I believe that alienated many of you. I have been in touch with Mr. Ted Brown and assured him that we want to be 2474 1 PELICAN BAY ADVISORY COMMITIEE July 2, 1997 Ibl:i 1 productive participants in this issue and not adversaries. Our role is to ask the technical questions that you can't, because we have the additional technical expertise on our statT. We can provide the peer review and express questions and concerns. While we have tried to suggest alternatives where possible, we arc limited by resources and expertise. In some cases we can make recommendations and in otners we cannot, but we can comment on what we see anå comment to common sense and to the best our technical ability. A third point in this is that we are not trying to stop this process cold. We are not saying "this Plan stinks, do not do it". That is not what we are saying at all. Our letter to DEP and the Corps of Engineers includes a list of questions and concerns, We all have the same goal here, - .---..- - _We ~ant the Plan to work" we want to move forward, we want you to get you money's worth. We want a solution that lasts, without unreasonable amounts of ongoing maintenance and we want a solution with well developed and measurable performance objectives. Dr. Guggenheim stated he had specific comments on the Plan, but did not want to do an exhaustive review of all of our comments. In summary, our position is to keep Clam Pass open, deaJ with the stormwater runotT and consider the entire ecosystem. Those are the three major points of our position. Keeping the pass open is critical, because that is where the water comes from and how we keep the area circulating. That has to be the element of any plan. The stormwater runotT is actually the best part of the Plan that we read and we complimented that in our remarks. It is critical to manage the stormwater runoff and manage for peak flows, A question came up on wouldn't additional runoff and pumping freshwater into that area actually help the hydrology of that area to keep additional water pressure and keep the pass open? Maybe that is true, but it is the wrong kind of water. It is freshwater and nutrient laden water and is not 2475 ----- ..._----....__.,,~_.._,.- 16G 1 PELICAN BAY ADV1S0RY COMMITTEE July 2, 1997 healthy for that system. It is critical to develop a stormwater management plan to keep that system healthy, Considering the entire system, we think that the restoration of Clam Bay shouid consider restoration of the entire bay system, which includes COJ1.liidering the reccnnection to Vanderbilt to the north. The photos we looked at from back in the 30's all show that connection being present and Clam Pass open, though it does have shutting and opening from time to time related to storms and other events. Historically that is the flow of that system. We believe it would improve circulation and cut on residence time with the water in the system. Our concern is that the proposed flushing cuts would be a temporary so\tJtion and would need to be redone. Considering the cost and environmental impact of dredging every few YC'.MS, it makes sense to look at a reconnection that might alleviate the need for such maintenance, Dr. Guggenheim explained that they are looking at water quality in both of the systems. It is very hard, even though we have been involved for many years in sampling water in both of these areas, to compare because if you are not measuring on the same day you have some rul comparison issues. The qualitative judgement fj-om our staff is that there is not a dramatic difference in water quality. There are certainly going to be differences, but we do not believe there is a dramatic difference in the water quality between Clam Bay and Vanderbilt. Dr Guggenheim stated that with regard to one way flap gates, our concern is that because you are affecting a system that ha.s traditionally flowed in two directions, we want to take a very careful look at that. What is the impact on Venetian Bay and if we do consider a reconnection to the north, maybe that would not be necessary. Maybe the circulation would support itself to the point that it would not be necessary. I feel the point we feel strongest about is the spoil islands. It is a bad idea. It is a cost saying measure and nothing more. It has no environmental benefit. I 2476 -.--.--- PELICAN BAY ADVISORY COMlvUTIEE July 2, 1997 16G 1 believe they tried to put a positive spin on that as far as building uplands and diversifying habitat, We think wetlands are pretty good where they are and you do not need uplands there. You should preserve the wetlands. We did some research and found that in Sarasota Bay they are now having some serious trouble with spoil islands that were developed in the SQ.me manner, as a means to reduce the cost of spoil disposal. The Sarasota Bay National Sanctuary Program Report speaks about some of the spoil islands "Historical water resource projects throughout Sarasota Bay including the creation of spoil islands during the dredging of the intercoastal waterway and construction of canal communities has reduced critical habitat for fin and shellfish. The overall direct and indirect impact of these activities have resulted in significant reductions in suitable __.___' .....__ .h¡lbitats for wading and tropical birds, juyenile fish, shellfish and other organisms. The impact to this complex food web has been felt by the commercial and recreational industries of the region". Admittedly, that is on a much larger scale than we are dealing with here, but the point is made that they are now looking at a restoration project of a restoration, They are trying to now get rid of these spoil islands. That is probably the issue we feel the most strongly about, that those spoil islands don't belong there, In fact we believe the spoil needs to go off site, one way or another, Dr. Guggenheim stated that the question he gets asked a lot is, "what does The Conservancy think we should do, stop the process here? If we don't open to the north, do we just do nothing? The answer is, we think there is room to move forward even if that does not happen. That is something that should be explored. We really don't know until we explore that, what the political and economics realities of reconnecting that system would be, Again, we think we should proceed to keep the pass open and implement the stonnwater management plan, which could be implemented immediately. The dredging of flushing cuts is a short teon solution and in 2477 PELICAN BAY ADVISORY COMMITTEE July 2, 1997 16G 1 our judgement would probably do more good than harm. It will lead to improved circulation in the area, but shou1d be viewed as a short term solution, You should be prepared to redo trus dredging, 1 can't tell you exactly when, but ten to fifteen years perhaps. Our knowledge of that system and the movement of sediment says if you dig those cuts. they will fill in again, given the way that the system is set up. We recommend an incremental approach on the one way flaps. Improve circulation with Clam Bay, dig those flushing cuts and see what happens and if necessary implement the one way flap3 as an incrementaJ approach, but that presupposes that you already pre-established some parameters so you know how you are doing, In other words, these perfom1aI1Ce objectives which 1 mentioned before, What salinity do you expect, what flow rate do you expect, how do we know how we are doing as we get into this? That is something I have heard mentioned also as something that was lacking ITom the original report, As I said to Mr, Ted Brown, in jest, show me the data. I think that there are a number of others like us that want to know more about some of their conclusions and the best solution is one that has had a lot of eyes on it and a lot of participation. In our comments we said that there were a lot of conclusions reached where we did not have the benefit of reviewing the data and is something that they need to be responsive to. Mr. Ted Brown has indicated that he would be responsive to that. Mr, Guggenheim thanked the Committee for their time and attention and stated that he hoped we could move forward from here as partners and stressed that we all want the same outcome and look forward to working with all of you toward a solution. Dr, Varley stated that what he hears is that The Conservancy is all for it and all behind it, but do not agree with any major part that is recommended. We spent a good number of hours talking about that the other day and do not see that we made a whole lot of progress. I am 2478 16G 1 I PELICAN BAY ADVISORY COMMITTEE July 2, 1997 stunned at the community's seeming antagonism to this program, Everyone wants more data, but does not want to pay for it, Everyone wants us to expand this north and south, but they don't want to pay for it or do any work on it. They want us to stop irrigating the lawns here, but do not want to take the plug out of the system and I find it vcry difficult to understand the community's reaction. Mr. Hasson asked how The Conscrvancy suggests that the spoil be removed? Dr. Guggenheim replied that he does not think there is a suggestion other than removing it off site. Mr. Hasson asked how they suggest that be done? ..' Dr. Guggenheim replied that he did not know. but in this case that is what is right for the environment. We do not know about the engineering costs for removing spoil and those kinds of issues, but what we do know is that the proposed solutions have an adverse affect on the environment. That was the spirit of our response, Dr. Varley stated that one of the major concerns of the permitting agencies is what are you going to do with the spoil. To my knowledge there is nobody that said let's go build islands. These islands were done as a way of getting rid of the spoil. If we don't build islands with it, what are we going to do with it? That is the problem we are faced with and would appreciate your help in answering this question. Mr. Popper stated that in thinking about the manner in which you would do it, it seems to me there are two ways of handling the spoil. One way is to dig it out and I don't now how you will remove it without further damaging the mangroves and the other is to pump it out into the 2479 ...-.~-,..- 16 G l' PELICAN BAY ADVISORY COMMITTEE July 2, 1997 Gulf and 1 do not \r..now how well that would work in terms of the ecology. Other than those two suggestions, I do not know how you would do it. r.,ir. Popper continued that his biggest problem is that we are residents and all of the doHsrs has come from our taxes and from the amount of money put in by WCI. I have the feeling that we are being looked upon a.s a developer that is going to build condominiums and I think that is where this almost adversa.rial reaction comes to bare, I have been on this program for the last six years where we first had five acres which now comes to about fifty acres of mangrove die off and nobody has come to our aid either through recommendations, and I have got to say you don't know how to do this and I have to add you into that program. The County certainly has not been of any assistance to us. We have been left to our own devices here and have hired what we think are the best possible experts and if we haven't I would like somebody to tell me that we have hired the wrong people. The bottom line is that it is our money and we should not have to pay for the opening of Vanderbilt. We want to get the mangroves back to where they were. My overall sense is that this is the best protection we have against a hurricane. Nobody seems to be concerned with that until we have a storm. Sure the ecological problems exist, but first, last and always, we have a barrier that has to be preserved. So, come up with some suggestions for us and if we are not using the right people, tell us who we should use and come up with some sound recommendations on how to get rid of the spoil and work with us. I was particularly critical of your article and how it was interpreted. I can't always blame the newspaper, although at times they are in the business to sell newspapers, We have a very serious problem here that we have to work together on and not play this thing out in the media. If you have any recommendations on 2480 -",..,.----'-- PELICA..N BAY ADVISORY COMMITTEE July 2, 1997 1 óG 1 how to get rid of this spoil and who else is going to pay for this, other than the people in this room who are residents, we have to do a better job of working together, Dr. Guggenheim stated that he feels he is coming here with the same message, We want to work together with you and I can't come to the table today with all of the answers. We don't have engim.-ers on staff. We have not be-::n abh~ to st:.:dy aJl of the different alternatives, that is why you hire consultants, To the best of our ability, the way we can help this process is to help you evaluate the various decisions. I would also say, you are right, it is your money. You should have the right to decide how to spend it and we are not trying to stand in your way, other than to guide you. We are not trying to sideswipe you, >_. \t"".'''. '" .. Mr. Popper stated that was a poor choice of words, but help is only help if it is perceived as help. We would like your help, but not the way it is going now. Mr. Craighead stated that he presumes The Conservancy is in no position to help us financially with this project, but to sit on the fence and tell us what we should do, Dr. Guggenheim replied that they are helping financially to the extent that they are dedicating their hours, time and resources to this issue, which has been a significant number of hours. We are nct in a position to throw cash into this project if that is what you meant. Mr, Craighead stated that he thought this group worked with the people from The Conservancy with this issue and the Mangrove Action Committee. Dr. Guggenheim stated that in the very beginning of this process, The Conservancy actually started the first workshop and facilitated that whole process to get the ball rolling on this, with experts from all over the Country, That is an example of how The Conservancy was committed to the process and through the change in leadership, The Conservancy fell out of it for 2481 PELICAN SAY ADVISORY COM?vß1TEE July 2, 1997 Ibli 1 some time. I came in September and had several meetings with Mrs, DeSilver, Mr. Bontcmps and others, to see how The Conservancy could continue to be a help in this process. Trough an unfortunate turn of events a few months ago, it came out that we were adversaries and that is the wrong message, Mr. Pires stated that a fÌu:matÌon from his standpoint is that the Pelican Bay property owners and residents have for the last few years struggled with this problem. have initiated the efforts and from the standpoint of the County as a whole, have had a cold shoulder turned to them saying that is basically your problem, even though it is a County resource, this is a public resource and a substantial portion is open to the public with the County facility and County boardwalk. The property owners have and will be spending substantial dollars in working towards this restoration. I recognize the role of The Conservancy as being a scientific arbitrator of some of the factors involved, but it feels as if we are out there all alone. The County does not care and I don't think they have spent 2 dime towards this effort and then have another entity say do the best, most beautiful job you can and spend as much as you need to fix your issue as well as somebody else's issue, is incredibly frustrating. It does not appear that The Conservancy wishes to exercise whatever influence it might have, to have the County Commission say this is a County-wide issue, not just a Pelican Bay issue. Dr. Guggenheim replied that Mr. Pires is right and we have not gotten to that step yet. Where we are as far as this Plan is concerned, is expressing our technical opinions about the Plan itself. We may find that the political realities remain such, that it is pie in the sky and that is not a reality right now. I think our point at this point, is that you at least need to consider that as part of this Plan and nobody has really gone to that next step yet and we certainly would not want to 2482 ._..,___..__,__,~_. __ c .--__"_ ._...._ PELICAN BAY ADVISORY COMMITTEE July 2, 1997 IbG 1 do that without being on the same team with the MSTBU and the residents of Pelican Bay to explore what would it take, how much money, what kind of political environment, what is the reality and of course, what is the science. At this point this is not the same system that it was in the 30's. We have the Ritz Carlton and other buildings in between here and the northern part of the bay now, We have not come out and said you must do this in order to satisfy us, \.\'hat we have said is you must consider this. Mr, Pires replied that he feels the message he received was the former, not the latter, I can read a newspaper article and disregard that, but I read the letter, Mr. Harrell stated that there is another issue which is the permitting of the Plan and what the State and Federal governments will or will not allow us to do. If the government gives us approvals to have uplands and you disagree with up]ands, although your example of building a causeway is hardly the same, would you be against getting a permit and not want to get a permit at all, as opposed to letting the uplands be a part of the permitting process? Dr. Guggenheim replied that on that particular issue we would really need to be convinced that was appropriate. Sometimes things that meet the permit requirements are not necessarily the best, Mr. Harrell stated that the only thing we can do without a permit is let mangroves die. With a permit we can go forward, but without the State and Federal governments giving us these permits, in which part of the plan mayor may not be to your approval, would you be willing to say never mind, we don't want the permit? Dr, Guggenheim stated that he feels what he is being asked is, are these spoil islands the deal killer? 2483 PELICAN BAY ADVISORY COMMITTEE July 2, 1997 - 1 b' 1. Mr. Harrell asked if any part ;s a deal killer? The bottom line is, without a deal we do nothing and we are trying for a pcmùt to have all of the aspects of it, whether right or wrong. but part of them has to be the perrrJssion to do them, If we are given permission to do an uplands, if it is economically sound for us to do, versus not having it, but it doesn't matter if we get the permit to have them, is the Plan worth it at that point? Dr. Guggenheim stated that he does not think they would put themselves into a position of saying that one issue is going to be a show stopper. Mr. Harrell asked, then the islands would not be a deal killer for you? Dr. Guggenheim stated that what you need to do in that situation is consider it in the context of other alternatives and I have heard of a number of other alternatives, but have not seen numbers or details associated with them. If that is the lesser of several evils and as you say the alternative is to let the system die, then we would have to consider that, I cannot give you a specific answer because it would have to be considered in that context. !v1r. Griffith asked if The Conservancy had completed their review of the documents that had been submitted and asked if there were other issues to yet come up with? Dr. Guggenheim replied that the review has been completed. Mr. Griffith asked if the concerns expressed today were all of the concerns that The Conservancy had? Dr, Guggenheim replied in the affirmative. While there may be concerns as new ideas arise and we start talking through some of these alternative solutions, as far as the report per se, the only other issue that might come up is that since we have asked for some data £Tom the contractors, once we see that data that may give rise to additional questions or comments. 2484 ---_. 16G 1 PELICAN BAY ADVISORY COMMITTEE July 2, 1997 Dr. Varley asked if the permitting agencies were to say "Conservancy, would you support this Plan as it is written or don't you, we want to make a decision as to whether we are going to allow these folks to go ahead with this", which side would you be on? Dr. Guggenheim stated that right now The Conservancy is not satisfied with the Plan. Dr, Varley asked if they would tell the permitting agencies not to approve the Plan? Dr. Guggenheim stated that they do not come to you to look at the Plan as a whole, What typically happens is that you dissect the Plan into it's elements, which is what we did. We are in love with certain aspects of the Plan. The stormwater runoff plan is well written and well thought out and is doable, Other elements of the Plan are not and the reviewers do the same thing. I do not feel comfortable saying we would stand here and block the way for the entire Plan, that is because it is not reality and not the way it works. Mr. Mudge asked what the chief objections were other than the spoil piles? Mr. Guggenheim replied, let's consider the entire system or at least examine that as part of this process. Let's consider what the performance objectives are. What are the measurements that let us know how this is working and go into this with our eyes open, If you dredge flushing cuts you are basically creating a situation that is going to require ongoing maintenance. Mr. Hasson asked if The Conservancy was opposed to flushing cuts? Dr. Guggenheim replied not opposed, just saying that there are concerns that the flushing cuts represent a short ternl solution. We believe they will do some good and improve circulation, but the trade off is that five, ten, fifteen years from now we may be sitting around the table and talking about doing it again and trying to find the money to do it. 2485 PELICAN BAY ADVISORY COMMlTIEE July 2, 1997 16G 11 Mr, Mudge asked how long Dr. Guggenheim has been In his position with The Conservancy? Dr. Guggcnheim replied since September 24, 1997. Mr. Mudge asked is Dr. Guggenheim had talked with the County Commission or people in the County about the Vanderbilt Beach Road connection? Dr. Guggenheim replied that there has been some informal conversations about it. Mr. Mudge asked for the County's indication? Do they feel that is a possibility to open that connection? I think the chances are zilch. Dr, Guggenhcim replied that to be honest, he did not get a committal response, but it has not been pursued aggressively either. Mr. Mudge stated that you do not like the spoil islands because it is going to hurt some part of the environmcnt, but you know that something has to happen to those spoils and ideally taken out of the system, have you talked to anybody about the alternatives to the spoil islands? Dr. Guggenheim explained that they have had some conversations with DEP and Mr. Michael Simonik has had some conversation with Ms. Ilene Barnett of DEP of some of the alternatives, Some of the things we have heard include building up the littoral zone within the bay, sending that sand outside of the bay to the near shore environment of the Gulf or pumping it further off shore, almost a reverse beach renourishment. Mr. Mudge stated you arc either going to 1-!lve to pump it or put in on a small barge or pipe it out. Dr. Guggenheim replied that he would probably pipe it. The other alternative and probably the most expensive is putting it in trucks and hauling it off. 2486 ..... ._"'"''''''',.......-.----,---'--"'_....~....~.".'''.. PELICAN BAY ADVISORY COMlvßTTEE July 2, 1997 16G 1 Mr. Pires asked for a copy of the Sarasota Bay analysis. If the Corps or the DEP were today to issue a Notice of Intent to Issue a permit based on the existing Plan, would The Conservancy object and request a full administrative hearing? Dr. Guggenheim replied that he did not know, it would have to be discussed. Mr. F1atto stated that he is bothered by the fact that tros Committee has never requested or discussed why The Conservancy is involved. Who in Pelican Bay requested your help and why has your role all of the sudden become so paramount to our efforts? Dr. Guggenheim replied that The Conservancy's role dates back to the beginning of tros process. The Conservancy members were a part of that original Task Force and that history includes a period where The Conservancy was pretty much out of the loop. Vr'hen I got here I saw that this was an issue vital to this community and we have expertise to help in tros process. We had several meetings and worked out way back into this issue. Our intent being to help, not to hinder and that leads us up to today, Dr. Varley stated that there was a positive effort on the part of the consultant group. I know they made at least two presentations to The Conservancy, because we paid for them. They came out to The Conservancy and presented and Dr. Hiltestad was there an entire afternoon and discussed in detail what was going to happen, His conclusion was that you supported it, but now you obviously have a lot of reservations about it. It is very perplexing to us to know just what it is that you are trying to do. Dr, Guggenheim replied that Dr. Hillestad was there on part of the "Eye on the Issues Program" which is an aHerr. pt by The Conservancy to engage the community and help educate and involve everybody aV0ut í\ very important environmental issue. We had a very good 2488 --;,-----~,"------.....__._.._-, .----------...-- -.- PELICAN BAY ADVISORY COMMITIEE July 2, 1997 16G 1 presentation, but the presentation did not go into enough detail for us to be able to come up to him after the meeting and say we support you on this. We may not have given him any negative comments either, but I do not know how he came to that conclusion. At that point we did not have a copy of the report, and that was presented before the report came out. Dr. Varley stated that was presented prior to the report being written and they were there asking here is what we want to do, do you have any major objections? That is what I understood the importance of the meeting was, Mr, Popper stated that since he has been the most critical since the beginning and reading the newspaper article, let's put this in a more positive role. First of all, thank you for being here and I am sure it is not easy for you to take the comments that you have received, but I think most of them are warranted. We have hired, I think, the best people in the business. You have come up with certain objections you feel very strongly about. In order for a partnership to be effective, I think it is within your duty to come up with alternatives or at least suggest we talk to others or do something. By us hiring the right people we think we have come up with what we think is the best method of handling the spoil. I think you have a responsibility to not only object, but to come up with some recommendation, I for one, would like to see what you recommend, because we are paying a lot of money to professional people that are teHing us this is the way to do it and if it is not, and you say you want to make sure this is going to be a good project for us, then help us. Tell us who to talk to or another alternative that will lead us to sit back and say it is not a good deal. Dr. Guggenheim stated that they would like to do that and are trying to do that to the best of their ability, but they are not consultants and are not getting paid for this. We are at the limits 2489 .,.,.,.. , . ;, j ,'I' _'" "'. ...... .J' J . \ ' ,"" ti1·.... J f~.... . ~. . \..." If" ( t ""- " r-' :~... I.. . '. .I I ." 'Ill" '::.~ ,¡......:\.. ."r"'\ þ,..../, ...:'~". .~t-.\\/. \ ¡...",~\II(::::;V".'~"·/'r\\~f \~~~/' _~....I,)'~· -r\: ~t.~.::"J.~_L~I·.,A .!"")""\,t.0"'!r..~·"<::\!II":';......",'~,,,,·;,·,:\·~,: ~"'.~" '"/,I""i, '1'''', \ ~' .. ._~ ~. I " ~ ... .t. J or Á' J' ~. -." \' . 't '10 4. ~ H 1C. ,. '" t: 'k "'" ", .l ,." \ C .. 'I. ._~ . . I . t ~:^o(,\~fl~' 1') .-. I "'/>",,1 t'\"'\1~.t t~"f\",,,.':\f~..,,: "'tl"'::·~··,.,,·__<'1).;~~'.:k)1· V~.'¡l1 ,.~//Ý'\'''I,.''t·.--'~l~.-'''.\/ ~"'J/ It'.)~.\ ."r...) - ,', Gt-" f" 4' ... ...o:;,J , .... ¡.o ...,. ì,- ,..\.... I·\,~.." "--'-..j/-4~ ~ ~'. ,.~. ""'j"....-1 \ \..." 1," }.. ,<.,... .J "" ~ ... .·,.-\:.~:~..'~I::~~~~.:._....~\.,>,;,~, tl r~l'~:''.'':':<JI....:('''}··},r:....r',''~)'''''('''';:'''"''''''~'! ~"'.~"\ ~ "~""j .;...'~...\~\\:~·\·¡r\"'.,:"",,,,,~,,, JJIo\..;I"~!,¡,,,11":'''' "_..I'.,;,'''<'',,,;,,,-.~ -{...·,.',\.tJw,.... ,,'I'.,.~ ... ,1'oI/j\ ~,;J"""\'''{'''f''''')'''.''''':::¡J''''''r\rt .:.-;/ ~"'''''''"'''' -{~~,~'''otl'''.'· ~ ,,; iii' .\.... ,1',:\,.....""...'-- '..I ..'''~~ ,'¡'~. ._:~,:~~ .··~~t;~ .'\~~.~, I"~~;- ~ ì '~"': '!X! t.:~ ",,:1 :'i,:... . -.' ,:, ~;þ\; ~..:"~ ~~ ~ ~;.\ j:"Y'r/ \ 4~ 7, >~\ ~..' .' ,J I.þ' ~~", ,,~\L. :;: ,~\ ~~':.L: -: 7- ".-;~"I-' ~ ./ _f-~~ ¡ \. ~:;../(.'r-"... ~ J;",'..'" ,ì.,.......~.~.._.._.._~_·. . \"~ .....~ t·....· ~'.H.l ' ,... ;~""f' .~\, ~';<'; ,. PELICAN BAY ADVISORY COMMITTEE July 2, 1997 16G ~1~ a......, , >"'.\0- ~\,.!' 1 .."to-' t(:. ~-:-~; \~~~ -"_l ~ ,F~~ 1:J· ,1- ",... ~¿(~ 1r~ -,\ ¡. ~ I'" .. ;.~_:; ......'... .,1\ :J\'~ .:~ ': '~~~~ ,. ::;( j'b r \.' .:0 .. \. ";'- .;.~I,~J~: ,: \>- · >:"... of our expertise and there is only so much we can do. Again. I say, let's work together, let's look at different alternatives. Mr. Simonik explained that in his dealings with the agencies one of the alternatives that they are considering is the "do nothing alternative". They look at all of the things the Restoration Plan wants to do and they have to say to themselves, is this Plan doing any ha.rm to the environment and is it beneficial to the environment? They are going to look at that and they have considered the "do nothing alternative", ",. ' ,,-.,g -;' - ~ J ;~'\. .. ' :1 .'- ~ < ~,,' 'I'~):. /, ;. ':;,..:\-:"1 -i·~'¡,· . '.~-·1 '.. ; \,. .,:;~,;\ .~::[;~ ... : .. ~ j'(''',-: ~1:~1 ~'"",: Mr. Harrell asked if they would support that view? If you do not support our view and Dr. Guggenheim stated that at this time they could not support our view, would you support the agency's? Me Simonik replied that they do not have the "do nothing" view yet. They are just considering it. .. , "....;: . ", )~~ ~~f; ': .s- ~:\:: ~'t':_'f( .~....; ~:f·::.,. .,...., ~f:t c 'JI, ,'. ~i ,;' : ,'.;' ~ t:.~, · :.~ ..~ }" .~'. '..Þ- I<:-"".,t" ';'~D~ .' '-;·t': H'.i' -::_:' ".' 1,' 1\~; .~ ". "f.t ,.' ~.~1 Mr. Harrell asked ¡fthey would consider their "do nothing" consideration at this time? Mr. Simonik stated that we think there is someLiing that can be done and better. The problem with the alternative is that we are not giving alternatives, we are only questioning what is there and if your consultants have given you all of the alternatives so that when it comes into the Plan everyone can look at them all. We were hoping to see all of the alternatives to the spoil islands, but we did not get that. We only got spoil islands. To us that does not look good and we are hoping there were alternatives and economic numbers with those. Mr. Harrell asked ¡fthere were economic numbers that were not feasible, would you agree to spoil islands? ',:';1': ., .. · 11 .. ~ ~ ,:... ".""" \", ~.. "~I(I 2490 ,. , ", ; ./ .~~ \:: ,,' ,,:/ PELICAN BAY ADVISORY COMMITTEE July 2, 1997 IbG 1 Me, Simonik replied that if they were the best of all evils, then we have to consider that. We only question. is there something better than what has been put on the table, That is our comment, but this doesn't look good right now. Mr, Harrell asked if it was realized that every time there is another option, we pay tons of money? Mr, Simonik replied yes, and that is why they commented, to make sure that you are spending your money appropriately, Mr. Harrell stated that if you keep asking questions, we'll keep spending it. Dr. Varley stated that there is probably never a point where you can't ask the question you are asking now, "Have you looked at something else"? Have you looked at the phase of the moon, have you looked at the humidity, that is the easiest way ofkilJing projects, to ask for more and more questions until finally it breaks and that is what we are concerned about. Mr. Hasson asked if they do not think that our consultants have looked into alternatives and came out \\~th the best possible solution to our environment economically as well as materially? Dr. Guggenheim replied maybe they did and we hope they did, but we didn't see it. That is why we questioned it. That is why we asked for the data., we wanted to see how they reached those conclusions. Mr, Tom Brown stated that we are working with an area that is protected by a barrier island. Are barrier islands static or do they change almost everyday with the rise and fall of tides? Dr. Guggenheim replied that they are verj dynamic. 2491 , .. '. ..' \,' ".' .. ", ," '.... .. ,.' "J:"'" "-.' -..?:~ ,.... ~.,';' .1" '. ~~ .,........ 1,- -'. - ~., It ...~" ',..,¡ti. .,,, 'r" ~ . .. '1: '''1'''' j>~ '):\í'~~';~.:j;~¡;~;i:y~:·r<~:¿~~~\~~)";~'ri(f~:,;'~;:,·~ ?';,~<!~ft~~,~:~ ~~·t>~~,,f.r ~·.;$j~~:i·~,S~~'~~~;~.' .i:L:~·:~r;~ -.~:l'~\.;_~~\ ,~:,,:'.iC··r ~f:{ ..~'~'\ ;"\~i~;(·;~:·<!~'\:~~'~'""!~'·'~ .~ :,<~..< \';- :~~:" .':"'"-0 'Ii 1". ~ ~ i'.4.· .1.. ",-...' ,":', d' " "'~'I i ' : ~'_, .: ~,. 1 ~ ~.. .~ ~ , .'. '1.' ..,~~...'\ ,"'I .J. ,I !.'. \ .... ,"';.- 1 -,.'. .'~ \ ..:~ J" ,"." , ~ : '_ <<t:...... ò" .. ". ~\,'" ':"f 1 .) -tt ',,' )-i'...." - ,,\;...", \~:- \. (,_~ ·;rt:;.i .. ,..- }" . )I' '." .. )\'::' : y." ;1d·_~iL {.:~ ii~;"~) .1")1.', '_J:t;\,~,\»t,..¡i;:'~- ·~.l·.~k·_I'/""'¿. -:cJ -I ~~' ...~' 1 ~;. :.t.:.Io;~"\'.'.\ J...~~ ;'\~ \..'" ¡~.. \:~, 1:;1 j ,~.~ : ,~.;,'J.' ';''!.). r t·:,:.',. .''4>''1..;1:' ~'.~~~:. ~/·l. :\ 1"" \\ ~. [ ..~.~ _...1...:~.... ~~ ..."' .¡,..~ ..~ ~,.:~ .;:;.1; ¥. 'ri': I. "';' "7':'v'",: ~I \\....J"\.~'f...('" v" ,[..··;~·f~~~~!\' '\. ~,"'t"(J~"":, . ,;'t :"-;"i! ~<'\\' ,~'.;">~ì" \ n;~.:! ·}\J'~rJo" ~·'~}T ~';j~(·~...t¡'i,~J :\'~;\. 1I,;",·"t ,~,: ....~. t ,~""-'. " " .... . ;~~/.. ..;;..~ JI.:'. ~f·.;~ ;'t~J . PELICAN BAY ADVISORY COMMITfEE July 2, 1997 1 6 G l' - /'. " Mr. Tom Brown stated they are constantly changing and we have walkways at Vanderbilt .; i: · \.1." ~,\'. .ó;., Beach and Park Shore that are two and three feet under sand. If the barrier island is constantly .........>j. :,:;:';: ..... changing would the change of a couple of spoil islands be such a big deat? To me, the area is ',<\' t. \;_ .....;, .' ,". ~:; .' .... .~ ',' detriment. If a tornado comes through, picks up the sand and dumps it and builds a little island ,..':,;... '~~ ;~~'.. ";~, . \,.~~~:, r,,';../ \ t~1 ' '" ..:;:.....""., ,. . '. ;~ . ~ ·t .::<.\ " :./':- constantly changing and to add a couple of spoil islands where they are not seen, they add no would you say that we have to dredge it out? No, you would say God built it. I think a couple little spoil islands are being blown totally out of proportion when you consider that a barrier island ,.., ., ." changes every week. These islands don't hurt anything. if a stann comes through they are going !';"), ,~.:.~~~~~: ~,'.,': "..~~t ~ r;: :"'~' to build one anyway. Dr. Guggenheim replied that a stonn's impact is different from what a spoil island is. A '\.}". 1";~~' , ". .~:;'.."- ;,\'~~ .~..'!~~ ,.,. ~ .~'. ~<'if' .I'.',. '·V"·" ~(~~ ~~.. ~::'''~,~ I"'" .:::~;~": ,,'~:""'-, · . 1, .' . .~~"~~" , ...."" " ! spoil island is actually consuming wetlands and removing one type of habitat in favor of another. Mr. Tom Brown stated we have 540 acres of wetlands and if we take two acres to make spoil islands, now we have 540 acres, less two. I don't see where it is such a big deat and is being " ", blown out of proportion, ,; Ms. Maureen McCarthy - Dorchester resident - commented that she has known Mr. Simonik and has been a participant in his Public Policy Committee and have met and done > ~ · : ",.¡ . research on Dr. Guggenheim when I got involved with The Conservancy. 1 was not a fan of The . ~. Conservancy until recently. I felt they were not activist enough and have a tremendous respect l' ,'j' ':-.' for what you have done recently. , 1....-.. .,'.- Ms, McCarthy continued that one of the fTustrations that you are hearing and what I am .: ~! . feeling also, is it is very hurtful when someone comes to you when you have worked rea] hard to .' create a solution and we have been out there by ourselves for years to come up with positive , , .;, " 2492 ,~ ... .,' .. ',,' \: ': \ , ~? III' . · ",. --- ...-~.~--~-....-_. .---.--..--------.--.-- ---_.~-- ---- ..-...- '...... , ;~ .' ....~ 16G 1" PELICAN BAY ADVISORY COMMITIEE July 2, 1997 solutions, We are paying a tremendous price in energy and money and evcrything else to fix this., I think what we really need from the community at large is positive suggestions, as opposed to criticism. I worked for a great guy who always said to me, "don't ever bring me problems, bring solutions" and I would ask you to please bring solutions, I would also like to make a suggestion. The Conservancy has a Jot of clout in this community, you have a tremendous number of members, please lobby the County Commissioners for us. Help us, we have failed. We have not been able to get a thing, We are out there on our own. I am sure that you have reasons for your objections and I am sure in the ideal world we should do everything you want us to do, but we are a relatively small group with not a lot of money, we need your help. You need to partner with us and maybe you can be "Mr, Outside" and we'll be "Mr. Inside", but we need you to go to the community and the Commissioner's and say Pelican Bay is going to do "x,y,z" and it is not perfect. It is a good interim step, which I hear you say, listen County Commissioners, this is a global issue and in fairness, it has to. The environment is never just one little piece. We cannot take care of the global, we need you to partner. Starting today, I beg you as somebody who is a big fan of The Conservancy, be a partner with us and help us fight the Commissioner's for this. You have clout, we are heJpless, They think we are a bunch of rich people living over here on the water destroying the environment and they do not carc. I have been to the meetings and they do believe we should handle evcry1hing ourselves. We did not create these problems. We need your help and I would like to suggest that maybe we can all agree that we will do what we think we ought to do at least on a short term and help us do the global thing. Somebody has to be doing it with us. 2493 PELICAN BAY ADVISORY COMMIITEE ,!uIy 2, 1997 16G 1 Dr. Guggenheim replied that is why The Conservancy is here, to try to make that a reality and realize that this is part of a bigger battle, On the issue of criticism, criticism is not really a bad word. That is part of the scientific method. You critique and respond to something, and that is valuable. You want to have a good critical skeptical eye on anytlúng. That has been our goal to this point, to make sure that we review that report and dissect it piece by piece with that critical eye. That is not a negative. We are not trying to stop this process, but be that critical eye and give you the infonnation you need to make the right decisions. I would say let's move forward together in a search for alternatives and we are happy to do that to the extent that we can, but it is going to take more than The Conservancy. It is going to take expertise from the outside, it is going to take our agencies, it is going to take everybody here in that effort, Mrs, Claire DeSilver - Mangrove Action Group - stated that she could not resist pointing out the fact that we have gone through the reconnection issue and for political reasons, as well as being told very clearly that the regulatory people would never permit that due to various reasons including Vanderbilt Lagoon was very polluted. The political reasons dominate them all. When we started v.;th our program here before The Conservancy, there was much interest in reconnection, It sounded wonderful and then we went through the flow pipe with controls to get circulation, somewhere around the Remington, Ail of these things were one by one knocked out. When we got on this program I spoke with people in Seagate and Vanderbilt and said we are going ahead with it because Pelican Bay is not going to pay for the entire coastline. If you want this connection, you get yourself an MSTBU or community group and you get the money and the movement going. The City of Naples is involved at the south end, the County is involved with the north end. You do this and you do that, and the worst that can happen is that some years down 2494 PELICAN BAY ADVISORY COMMIITEE July 2, ¡ 997 IbG 1 the road, maybe the connection can become a viab1e possibility. If it does, what we are going to do isn't going to destroy that. That can be overlaid on what we are doing, but if we wait for that to happen we will not have any mangroves to save, Let's fix our own mangroves, then we have a fighting chance with the other groups if they choose to do that. Mrs. DeSilver stated that the first time we met I gave you a program that has been mentioned many times and said here is a program for stormwater. Mr Hamilton has worked on this program and we could not get anybody to sponsOI it, I gave you to who1e pile and hoped this was one way you could cooperate with us. You could take this element which the regulatory people feel is important and make that your program, that you will go out into the County as well as in Pelican Bay &nd fund not just for Pelican Bay but for everywhere, I have not heard a thing about that. Dr. Guggenheim stated that he would not disagree with Mrs. DeSilver's first comment and it might be the right solution to move forward with something, but I would say that we need to take a more careful look to see what the political climate is now and perhaps those processes can go in paralIe!. We have also been trying to promote Florida Yards and Neighborhoods, but it also takes the County Commission as well. yOll know as well as I do that the County really hasn't given any of us the support we need to get that program moving. Mr. Carl Bontemps - Pelican Bay resident - stated that he has been highly active with the program also, I want to comment on the contract. I am a scientist, engineer, etc. and do not see any expectations written in that contract as yet. It tells us we are going to do this and do that and a whole bunch of things and a whole lot of costs nailed onto it and everyone has asked how much is that going to cost. This meeting is really getting down to some of the rea1 issues of is it going 2495 .t'bLlCAN HAY. ADVlS0KY COMMITfEE JuJy 2, 1997 ltJU ,11 to work or isn't it going to work. ',vhat are the expectations of doing all of this work over the n~<t year, two or three or whatever it is going to take? What is the flow rate going to be, where arc the flow rates going to be, where are the samples going to be taken, how do you know the flow rates are going to be what they arc? You arc going to take samples, where, at what depth, arc you going to keep them, what analysis do you expect to get from that? We are going to do all of this work and spend all of the money, how are we going to keep score that it is going to turn out the way Mr. Ted Brown and his group say it is going to? Somehow that has got to be done. I asked Mr. Ted Brown a number of months ago if we would include the expectations in his program and he agreed, I do not see them in there, Mr, Bontemps continued that he was at Dr, Hillestad's presentation at The Conservancy. It was very general, no details, no working details, very smooth and very generaL I also heard him interviewed on television afterwards and somebody asked him a question about the mangroves at the south end of Clam Bay. His reply was that we are not going to look at those because they don't need it. I took the time after that to go to the top of the Grosvenor and take photographs of those mangroves, There are gray spots aU over there exactly like the spots that were off the Claridge two years ago. If something is not done to clarify that down there, we are going to have the same thing at the south end that we have now and is expanding at a terrible rate. Dr. Varley thanked Dr. Guggenheim for coming to the meeting and apologized for giving him such a hard time, and explained that we would love to have the help of The Conservancy. CONSIDKRA nON WITH REGARD TO MEETING NOTIFICA nONS AND DISTRIBUTION OF AGENDA MA TERJA~ Dr. Varley explained that this item is a result of the Mangrove Action Groups demand of a revised communication practice for us. Everybody on the Committee has a copy of the June 20, 2496 PELICAN BAY ADVISORY CO.M.ì\fITIEE July 2, 1997 I 6 G 1 ' 1997 letter on behalf of the Mangrove Action Committee. Dr, Varley asked that it would be very help~JI that we be as specific as possible. The comment that we want more information really is not terribly helpful. What kind of information, where, when, etc. The group would then like to ask some questions of Mrs, OeSilver. We will then discuss it and make a decision as to what should be done, Dr, Varley explained our practices now are that this group now meets regularly on the first Wednesday of every month at 3:00 PM in this room, I believe the people of Pelican Bay are aware of these meetings. The meetings are open to everyone, There are periodic opportunities for the audience to participate, make suggestions and ask questions. The agenda and Notice of the meeting are posted now in eight places around the community, We try hard to get it on Chw:lel 44 as quickly as we can, usuaJly about one week before. All of the MSTBU actions are done in this meeting and there are no secret meetings. What you see here is all there is to the MSTBU. The minutes are transcribed and everybody in the community has the opportunity to go over and get the minutes and read them, That is true of all other public documents. You have access to any available documents at the Pelican Bay Services Division Office, With regard to the appointment to the MSTBU, that is done by the County and there is a procedure for it. It is open and everybody has an equal opportunity. That is where we stand now. Mrs. DeSilver stated that the residents in this room have sat through many m~etings where there were many documents that were not available to the residents, What we are talking about is the spirit of the thing, not the specific letter of the law. We would like to help facilitate information and participate in the affairs of Pelican Bay, Pelican Bay is getting much more complicated and is not some small little group of decisions such as should we get another 2497 ....'----_. .~......__... PELICAN BAY ADVISORY COMMITTEE July 2, 1997 16G 1~ . policeman or something. Last meeting for example, and this has been going on for a long time, there was distributed to the Committee, a one page report on the Pelican Bay Services Division Restoration Fund for money that we have all contributed to and how it was paid out to consultants, engin~ers, ctc, This is entirely appropriate infonnation which should be easily one page on a copy machine, we don't usually have hundreds of people here, maybe twenty-five to thirty copes available which takes somebody five minutes to do. There was also a very important letter given to the Committee trom the Department of Environmental Protection regarding the DEF'g response to our submission of the Management Plan. I asked if there were copies of this and there were no extra copie5. It is aU well and good when you are discussing something here and you tell us to go to the sixth floor of the SunTrust Building for access to the material. The material should be available to the public and the people sitting here before you start discussing it, so that when you start talking about something they can follow what you are doing and comment intelligently. It is even more important when it is an issue that you are going to vote on. When you are going to vote it is important that the people have an opportunity to examine the information that you have, in order to decide if they want to comment negatively or positively. Throughout the three years that I have been coming to every meeting, this has been a very difficult issue for us. Agendas although they are in eight places, should be available in a pile somewhere, maybe here and at the Commons. We are not talking about rocket science here, just simple communication, My first item is a question of implementation of this concept. I am not saying it has to be this way, but of your implementation. Dr. Varley has been doing a very good job of writing an article for the Communique, but urness we can get the Foundation to adjust the publication date and the deadlines they have, it is not helpful in terms of a report on the last 2498 PELICAN BAY ADVISORY COMMITrEE July 2, ] 997 IbG 11 meeting. In this issue of the Communique, it was quite clear that Dr. Varley was writing something that was not timely in relation to this particular item. Dr, Varley interjected that this Communique was for a two month period and not a monthly issue. Mrs. DeSilver replied that makes it even worse, The objection that I was given was that no matter what kind of a report you write, people would question why such and such was not included. r think that is true, but it boggles my mind that this one page financial report WIiS not available. We are all contributing money to this Plan and aJl intcrested in knowing how that is expended. I do appreciate that there has been some flexibility about residents comments, People arc interested in making their comments and the meetings drag on and people arc getting bored and tired and leave, They never get to make their contribution. The idea is to have, after each issue and before a vote, an opportunity for residents to speak on an issue is fine providing you are also given the material with which to make intel1igent comments. We need to have placards so everybody knows who is who. Most of the people here don't know who is who on the Committee and you should have placards identifying yourselves. Mrs, DeSilver stated that the next item is pretty complicated because what is in the Ordinance is not exactly the procedure that is being followed in making the selection, One of the things in the Ordinance says that there is a limitation on the term unless there is not a qualified applicant. One of the people here today, Mr. Frank Barschard, has applied twice and he has not even been given the courtesy of a response, The only way he knew that somebody else had been chosen was that I had gotten a fax from WCI, because they knew I was interested in it. I am not saying that this was deliberate, We want to share the responsibility with you. How these ideas 2499 PELICAN BAY ADVISORY COMMITTEE July 2, 1997 16G '1~ get implemented I do not know, maybe we need a sub-committee, but it has been going on for a long time 'With a lot of frustrated residents. Mr, Werner stated that one thing we do not need is a sub-committee. I just got a letter from the County Attorney where 1 questioned him about that same thing, When I was appointed to the Committee, I got a letter tram the County telling me that I was appointed. Mr. Hasson asked what was meant by deliberate, Mrs, DeSilver stated that no one is deliberately being excluded, but this is not a group representative of the rest of the residents, If you were going by the rules of the Ordinance that would be finc. That means that Commissioner Hancock makes the se!ect¡onfrom the people who send in their resumes to Ms, Filson. Theoretically those resumes shouJd go to Commissioner Hancock and he makes the decision, He told me flat out that he did not want to do that. The County Commissioners have a courtesy for the Advisory Boards in each district, the Commissioner of that district, is extended the courtesy by the others that they name an appointment. If that were exactly that way, that is fine. Mr. Pires statcd that he has articulated or expressed before that in his capacity of representing numerous individuals, I deal with a lot of State agencies and also represent some local government entities, I am routinely involved on both sides of the issue providing accessibility of public records and advising my clients on how to obtain them or how to provide them. I think that the mechanism of the MSTDU whereby the office is open tram 8:00 AM to 5:00 PM, five days a week the records are there is quite adequate. I have to routinely, dealing with records requests from the City of Naples and the County and other agencies, take that affirmative step and say that I see there is something on the agenda for next week. The County 2500 PELICAN BAY ADVISORY COMMITTEE July 2, 1997 16G 11 Commission agenda I do not get until the Friday before and I have to pay for them, If I see something on there that I like and need to get more information on, I call down there and make arrangements for that to be copied. In order to get copies I have to pay for them first, not the copies first. That is standard practice in all local governments, If the person has the initiative to be curious and make a inquiry, routine practices should be followed. Mrs. Desilver replied that first of all this is not a government agency. This is a community group and we pay for everything that goes on here. Pelican Bay is paying for itself Therefore, if a little more money is needed to make twenty copies for a few people should not be an issue. Whatever I get hold of, I make fifteen or twenty copies so that they are available to anyone who wants them, ì\1r. Pires replied that his concern about that is that any member of the public whether they live in Pelican Bay. Alaska or Hawaii can request documents from the office and it is inappropriate to charge some and not others. Mrs. DeSi!ver stated that tþjs is nitpicking because what I an1 talking about is giving people that live here the information they need to participate in a discussion at a meeting here. ;.. They need it up front and cannot anticipate what they need. Mr. Wemer stated that it is available and Mr, Pires is telling you that you need to take the initiative to get it. Mrs, DeSilver stated that she has asked repeatedly to "would you please send me whatever is relevant that is going to be given to the Committee members" and I have asked for after the fact, just for the record, and it hasn't helped me to understand what is going on. You can ask the people here how many saw a copy of the agenda, Most people do not study the 2501 ..,,"..~___...,_...._. . t "'" PELICAN BAY ADVISORY COMMITTEE July 2, 1997 bulletin board, but if they have a pJace where they can pick up a copy and take it home would help, Standing in front of a bulletin board trying to remember and understand what is going on and then going to the office and sitting there is not the spirit ofwh.at we want to communicate. Dr. Varley asked if aside from the spirit thing that what she would really like is a pile of whatever the Committee is discussing at the door? If that is done would that settle the issue? Mrs. DeSilver replied most. I would like to feel that it would be available ahead of time. Dr. Varley stated that it is available now ahead of time. Do you mean sent to your home? Mrs. DeSiJver asked how she was expected to know that at the last meeting there was going to be a financial statement? Dr. Varley stated that was a monthly statement and was not discussed. This was something passed out at the meeting and we did not have it prior to that. Mr. Hasson stated that he feels Mrs. DeSilver is nitpicking at this point and objected to the requests, Mr. Hermanson stated that he wanted to support two suggestions from Mrs. DeSilver and that is the placards and additional copies of the agenda. I believe that would not be a problem. The agenda is one page, I agree with Mr. Pires, we subscribe to the County Commission agendas and it is a convenience and you have to pay for that convenience, It costs money to do that and all of the materiaJs that we ever discuss at this meeting come in a package to me and I assume they are available at the Pelican Bay Office, Mr, Ward agreed. Mr. Hermanson continued that if someone wants the convenience of that and we want to set up a subscription procedure, then that is the way to do it. If I take the trouble to come to the 2502 ._~,--_. 1 1 .-..~--,~....._---,,,,,,,...,...._...... 1 6 G 1 1 PELICAN BAY ADVISORY COMMITTEE July 2, 1997 copies of the agenda page available, It is a convenience and defined as that. If you want the additional back up material they will probably send it out to you, you just have to pay for it for having that services provided to you. You have to be careful in ensuring that whatever you do for your own residents, you have to do it exactly the same way u anyone else who wants it. That equality has to stand no matter whether it is for a Pelican Bay resident or for anyone else, Dr, Varley asked if there was a problem having extra copies for anyone else who wants to pick them up at the meeting and not send them out to people? Mr, Ward stated that to the extent that they become voluminous, if you want a policy where we now have twenty or thirty bocks sitting out here, that is pretty unusual, but if that is what you want done it can be. Mr, Paul Liszewski, Avalon resident - I understand what the Committee is dealing with and when it comes to a report that is one hundred pages long, it could not be possibly brought here The financial report and the report from the State is what Mrs. DeSilver is talking about. It would be nice to walk in the door and even the way it is posted to know what is on the agenda and a reasonable amount of copies available for people as they come in, Mrs. Eddy Liszewski, AvaJon resident - Asked how a person gets on the Committee? I understand you send in an application and Commissioner Hancock has to choose it. What is the tenr. of a member? Dr. Varley replied four years, Mrs, Eddy Liszewski asked who notifies residents that there is an opening? Dr. Varley replied that it is published in the lor...a1 newspapers. 2504 W"--.._ PELICAN BAY ADVISORY COMMITTEE July 2, 1997 166 1 I ~ From all of those postings, residents and business people apply to the County Commission for a position on the Committee. It is the Board of County Commissioner's decision in their sole and absolute discretion as the legislative body to choose who they appoint or do not appoint to this Advisory Board or any other advisory board in Collier County. It is a pretty simple process, pretty straight forward and is norma! for all of the advisory committees in this County. The terms are all staggered and if anyone wants to know when anyone particular person's term expires, you can call our office and Mr. Smith has that information. Generally sixty to ninety days before the expiration of a term is when the advertisements get placed in the newspapers and that is when those resumes start to come in. Mrs, DeSilver asked Mr, Ward if that application goes to the Board of County Comrni¡:sioners and not through you or this Committee and no one knows who is applying? Mr. Ward replied no, that is not correct. What I indicated to you is that it was a Board of County Commissioner's decision as to who they appoint to this body. This is a political decision and whoever they choose to appoint, they choose to appoint. Those resumes are sent to the Board of County Commissioners, They are sent to my office for a recommendc:.tion and I send the recommendation back to them and whatever they do with that is whatever they do with that. Mrs. DeSilver asked if she is being told that applicants have to pass your approval and then to the Board? M..r. Ward replied that he gives no approval. It is not my decision, The Board of County Commissioners has a policy in place in that each Division Administrator in the County is responsible for however many advisory boards they have under their authority, The Division Administrator's receive those resumes and are asked to provide a recommendation to the County 2506 PELICAN BAY ADVISORY COMMITIEE July 2, 1997 16 G 1 ~ Commission relative to a member of the advisory committee. That is what every Division Administrator in the County does, including myself Whatever the Board does with it is their decision. I generally do not even attend those Board Meetings because that is their decision making process. MIs, DeSilver asked if this means that if five people are applying, you make a recommendation out of those five? Do you make a recommendation for three out of the five? Mr. Ward replied yes, however many positions are available. The way the process works is that all of the resumes go to the Board of County Commissioners, They ask me to provide a recommendation to the Board as to however many positions are available, I give them a one page recommendation. Half the time they do not even foHow that and do their own thing. That is just typical ofa legislative body, Mrs. DeSilver replied that technically I knew it was their decision. Mr. Ward explained that not technicaHy, it is their decision. Mrs. DeSilver stated that Commissioner Hancock to]d her that the one time he had planned on a particuJar recommendation was when his baby was born and he could not get to the Commission Meeting, At that meeting another Commissioner sa.id we do not have to fol!ow whatever note COmITÙssioner Hancock left, he is not here, so we will decide, I think all of the other times they gave him the courtesy of following his recommendations. It was my understanding that before it got to him, he does not want to be the one to make that decision. He do:s not want to be the bad guy to say, J am picking this one over that one, It is not that he backs off and lets the other Commissioners do it, it is that somewhere in the process this Committee or your office selects the process. 2507 PELICAN BAY ADVISORY COMMITTEE July 2, 1997 16 G 1 Mr . Werner stated that several times that question has been answered. The applications come to us after they go to the County and Mr. Ward then recommends to the County. Let me make one thing perfectly clear, Commissioner Hancock alone does not appoint the people to trus Committee. It is done by majority vote of the five County Conunissioners, Mr. Ward stated that you need to understand that it is truly a political process. Whatever they decide to do is whatever they decide to do. Mr. Mudge explained that at the County Commission Meetings, there are two binders. one on each table that has the agenda and all back up information on each agenda item in them. You can go down there and look at it, and I often do that. As a minimum, that is what we want here. To have on this table, prior to the meeting, one or two of those books with a full agenda and back up material and are things that we would be looking at. Dr. Varley stated that with the attention that trus has gotten and the notoriety, I trunk it is essential we have a written policy. There is more confusion on this and a lot of confusion generated about it. I recommend that we get busy and write this up in the form of a policy. Mr. Ward and I both had made a stab at that on our own and with some input from the COmrTÙttee we will emboss it and get it out and vote at it at the next meeting. I get the feeling that as far as the seven demands go, the agenda issue is fairly well settled, We will try to have a sufficient number of agendas at each meeting in a pile where somt..'One can pick them up. i did not understand what a detailed agenda is, but I understand you are not asking for something we don't have, is that correct? Mrs. DeS¡¡ver stated when she said det~iled there are a couple of items on the agenda today, unless you are really tuned in. you would not know what in the world is bdng referred to. 2508 PELICAN BAY ADVISORY COMMITTEE July 2, 1997 16G 1 For example, "Consideration with regard to meeting notification and distribution of agenda materials". If I had not heard what you were talking about, I would not have known what you were talking about. Dr. Varley replied that is this particular item and was requested by you at our last meeting. Mr. Popper stated that as a resident he has to protest to the course that this meeting is taking, We have been sitting here since 3:00 P.M, and have not covered half of the agenda items and with all due respect to Mrs, DeSilver we cannot continue to answer to one person here, even though she may have some supporters. We have business to take care of and we are not negotiating on something that I think is pretty straight forward. Your suggestion is to come up with a written procedure and for this Committee to vote on it is perfectly acceptable and we ought to conduct the business in a board-like business-like manner, We are getting total]y away from what t.his Committee is supposed to be doing, Dr. Varley agreed, but stated we need to know what we are going to put in the policy, Dr. Varley asked if there wee any objection to name cards? ~1r. Popper replied that he had no objection. Dr. Varley asked about charging for copies? Mr. Popper replied that we should. Dr. Varley asked about mailing lists? It was agreed that there would be no mailing lists, Dr. Varley stated that this policy would be worked on for the next meeting. B.ECOMMEr-rDATION TO AUTHORIZE WILSON. MIl...LER. BARTON & PEEK TO PERFORM SURVEYING WORK WITHIN CLAM BAY IN AN Al\JOUNT NOT TQ EXCEED S9]000.00 2509 PELICAN BAY ADVISORY COMMIITEE ~~y 2, 1997 16G 1 Mr, Werner suggested that this work was for surveying of tidal cuts that were made previously by Mr. Lewis and to me $9,000.00 seems like a lot of money to do that. I would suggest that we get some other proposals other than Wilson, Miller's. I am not questioning if the price is right or anything. but if we continually hand trus work to them, there may be a temptation to take advantage of us. Dr, Varley agreed this was a good suggestion. Mr, Ward explained that the onJy thing it will do and I have to point out that you arc on a critical time path with respect to getting the work done and bringing the permits into compliance. If you do not authorize the work today and I do not authorize Wilson, Miller to do it, we will go out of compliance with the pennits and it will take me at least a month to get proposals from other companies to do the work. It will have to be authorized which means I will have to go back to the Board of County Commissioners at that point. Mr. Werner replied that this cannot go to the Board of County Commissioners for the next couple of week anyway, they are on vacation, Mr. Ward replied that it does not have to go to the County Commission at this point in time. Dr. Varley stated this was for locating staff gages, monitoring wells and vegetation monitoring quadrant. What you arc saying, this is part of some agreement we got? Mr. Ward replied that was part of the permit received for the short tenn restoration, Dr. Varley asked how much more of this we have to do? 2510 ,,~-~----~,-"',""_..-....._.-_.~' .-._.... ~.,.........__.- PELICAN BAY ADVISORY COMMITTEE July 2, 1997 16G 1 Mr. Ward replied in the affirmative. Mr. Hermanson stated that he does not feel it is that bad and we have to move on it. I also see that it is not to exceed figures, so there is the possibility it could be less. We have priced not to exceed jobs and come in under at times, so it is a possibility. Mr, Griffith asked if there was a lot of documentation and reports that have to be submitted along with the surveying work that is going to be done? Mr, Ward replied in the affirmative, They have to be located, mapped and put into a report format, which is what Wilson, Miller will do. That information wiII be given to Mr, Lewis who takes that information and fills out the balance of the permit criteria. Mr. Werner stated that we have a responsibility and I am sick and tired of accepting these proposals at the last minute and told that you will run out of time or it is going to be a fair price. can't go for that any more. I am against it. Mr. Griffith stated that he agrees with Mr, Werner and the only flag that pops up is the timeframe that I do not think we want to jeopardize, which could possibly be more costly. Mr. Ward stated that he has never heard of an indication before two minutes ago, that you had some desire to go out with some process with respect to pricing surveying services on a project by project basis. If you want to do that I have no problem with doing that, we will just have to build that into the time schedules from this point forward in order to make that happen, There was no intent on my part to bring this up to you at the last minute, Quite fTanJdy, it was the opposite. It is something that in the normal course of business needed to get done. I did not think the price was out of line for the work that needed to be accomplished in terms of doing this 2512 PELICAN BAY ADVISORY COMMITTEE July 2, 1997 16G 1 and certainly was not out of line with the time frames needed to comply with our permit obligations, Mr. Werner stated that if you know you have no competition to provide a service, you are not going to have the incentive to provide the best price. Mr. Ward explained that he does not disagree with that stAtement, but this is surveying services, not something you are going to get an extremely competitive process on. If you look across the board in Collier County what Hole, Montes charges and Wilson. Miller charges or anyone else, the hourly rates are roughly the same. It just depends on the level of involvement of that crew and their knowledge of the system. There are times when we ought to competitively bid things and I am probably one of the biggest proponents of competitively bidding things, but this i:; not one of those instances. This is a instance where it is a heavy, huvy expensive job with respect to the manpower working out there and the rates you see across the board for surveying ~rvices are not substantially different. Mr. Hoyt asked how critical our time schedule was? Pe understands that The Conservancy is going to withhold support until such time as the spoil islands, the Vanderbilt connection is investigated and approved or not approved? Dr. Varley stated he understood this to be one of the residual costs of having gotten approval once before. Mr. Ward replied this is a pennit criteria in the short tenn pennit that opened the flushing cuts. You have a number of obligations under that permit and reporting on those cuts on a periodic basis, In order to get 1-.1r. Lewis to the point of being able to submit the monitoring report on tidal cuts we need to find out their locations, which requires surveying them. 2513 PELICAN BAY ADVISORY COMMlTrEE July 2; 1997 1 b b 1 Mr. Werner stated that back to Mr, Hoyt's comment, what happens if you don't meet the time requirement of the permit? Mr. Ward replied that the residual effect if you go out of complianœ with the pernút is that they can take whatever administrative action that they deem appropriate to bring you into compliance, including levying whatever fines. They have the administrative authority to do that in order bring you into compliance, and then fine you for those actions. Mr, Hasson commented that we have no other choiœ 1-.-1r. Ward stated that he hears the ftustration level, but quite frankly the work in the Clam Bay system is either do what the regulators want you to do or you tell me stop we are not going to do any more, and we will not have this debate every month. Mr. Werner stat~d this is the first time we have had it. Mr. Ward stated that worlcing in Clam Bay, those permits have residual effects to them and you have to be in a position to move forward and work on this project. Mr. Werner asked if the cuts were finished before May I? Mr, Ward agreed. Mr. Werner asked why we are waiting until now to say we have thirty days to get into compliance with our permit? Mr. Ward replied that the answer is simple because I had no idea that you had some desire to go out and bid surveying services, It is not normal. If you want to do that we will build that into the time schedules, but it is just not something that I have any indication ITom you that you had a great desire to do, 2514 PELICAN BAY ADVISORY COMMITTEE July 2, 1997 1 6 G 1 . . Dr. Varley stated this is one of the things put together by the Ad Hoc Committee and we picked up part of the costs for that and now we have this residual on-going. The rest of the participants have disappeared and we are left with the checkbook. Mr. Mudge moved, seconded by Mr. Flalto and approved on a vote of J J to J with Mr. Werner dissenting to approve the Work AuthorizaJion for Wilson, Miller in an amount not to exceed $9,000. 00. Dr. Varley stated that from here on, it should be presumed that we will get competitive bids on items. There is getting to be a level of frustration about the constant overage of budgets and costs of things that we did not expect and should be factored into the time schedules. Mr, Hennanson stated that before we do that, when you are dealing with professional ser~;ces to governments, you are dealing with CCNA or Consultants Competitive Negotiations Act which forbids competitive bidding for professional services, You cannot negotiate on the basis of price for professional services and I believe surveying is included and I know engineering is, If you want to take an approach of competitive bidding, I suggest you use the stable method where you get two or three finns on board and you can switch around, That will be an incentive if nothing else, to keep the prices down. That process is so terrible you will never get out of it. Mr. Griffith stated that Mr. Hennan is absolutely correct, but one thing that would have helped me also was that there was an immediate reaction to the size of it without even looking at the scope and then trying to go back to the scope and evaluate that. There has got to be additional work here like reports, etc. an it would have helped to have had some additional backup data to justify the $9,000.00 because this is a time and material job. They could have 2515 16G 1 PELICAN BAY ADVISORY COMMTITEE July 2, 1997 question one way or the other. When Clam Bay was declared part of a Natural Resource Protection Area several years ago, the analysis of that data was included and the County was going to pay for that as part of the NRP A Fund. What would happen if we would send this to the County and suggest that under the NRP A Program they pay for this? Mr. Ward replied that they did it under the NRP A Program a number of years ago with their existing in-house stafT and did not contract that work out. The original analysis was done by full time employees of the County. Our discussions recently have been that they are not in a position to take on this analysis with the reductions the County has taken with the NRP A budgets, Dr. Varley stated that he happens to personally feel ashamed that we do not look at the data and find the actual facts, but I am getting gun shy. Every time we volunteer to do something we get a perpetual bill forever and ever, Because of that I am going to withdraw my interest in it. Mr, Werner stated that at a previous meeting it was discussed that the water going into Clam Bay was of such good quality that monitoring of it was no longer required. Mr. Ward replied that was true in the uplands section of Pelican Bay, Uplands is considered everything cast of the berm in the developed section of the community. Mr. Werner asked where these samples were being taken? Mr. Ward replied along the berm and probably six to ten locations throughout the community, including golf course lakes, etc. Dr. Varley asked why have 2. Yard and Neighborhoods Program for Pelican Bay if the water quality is fine in Pelican Bay? Mr, Ward replied "don't shoot the messenger", I have said the water quality has been good, no one wants to listen. 2517 ,_o,,>_,_..,_~ .,. ~"M · I' ·1 PELICAN BAY ADVISORY COMMITTEE July 2, 1997 16G 14\ down. If we do not do this now, this will be all that more expensive. Every year they get ta11er and wider and we have to address this problem, Ms. McCarthy asked why Mr, Ward did not start this program when it was committed to in a letter? Mr. Ward replied that he hears and understands the vehemence at which you want the Australian Pines removed, I think you need to understand there are as many people on the other side that do not w&nt the pines removed. I do not care ¡fthey stay up or down. That is a decision this commuruty needs to make. If you want them down, I will take them down tomorrow, but understand don't sit here and tell me that I didn't do my job. There are lTIany people that don't want them down and I am flabbergasted that the County went in and put Garlon on those trees south of Clam Pass when they knew there were many residents in Pelican Bay that did not want that done. What I did indicate to you last year was after season we would go in and selectively on the north side of the Sand Bar and try to keep those trees at a height of fifteen to twenty feet and there is no question that has not been done at this point in time. My thinking was that we would normally do it sometime this summer. We will still do that, but understand there are many residents who do not want those down. althOl.1gh I understand you do, that is a balancing act that I h.ave to go through every single day. Ms, McCarthy stated this is not about Maureen McCanhy versus all other residents. What this is about is that most of the residents do not understand the environmental implication or the price we will pay if we leave them. I also want to clarify that in none of my letters did I ask to have removed the two huge clumps, I am not here for a slash and bum project. I am talking about all the trees that never were there and the people did not have for all of these years. 2521 .. ...",-,-.- 16G 1 PELICAN BAY ADVISORY COMMITIEE July 2, 1997 . '.' .. Ms, McCarthy continued that she would request this issue be brought before this Committee at another meeting, I have a lot paper that I have accumulated and a report from the EPT AB Board, etc, I am not going to go away on this issue. Dr. Varley asked if we could be brought up to date at our next regular meeting. Mr. Ward replied that the exotic removal program does not address Australian Pines on the beach. Ms. McCarthy is talking about a totally different issue on the beach, Whatever the community wants done is a decision you need to make. She wants them down totally. I heard the opposite story. Dr, Varley stated that it would be put on the next regular agenda. Mr. Mudge asked that we be careful because within the past six years it was clearly understood that there would be no taking down of the large trees on the north side of Clam Pass. DECISION MAKING ITEMS Mr. Werner stated that he would like to see this Committee to take the direction that they participate more in decisions that are being made in the fonnation stage that affect the community and not after the tact. Not when we vote yes or no, but when we can provide some input. Mr. Werner explained that he wrote the County Attorney and asked what would happen if we had one member get others from the community to meet on such things as street signs, etc. and asked if it had to be publicly noticed and tran~ribed. The reply was yes, or it is a violation of the Sunshine Law, unless the group was strictly fact-finding - no recommendations. We are going to continue to look for other avenues to get the community involved. Dr. Varley asked that a copy of that lctter be shared with the Advisory Committee, 2522 ~""~_...,.~______"_,.,~~w_,.,__,,,.___ ,,,...,...., "It.. "t.. '\I'r 'fI, '''iii' .....' " .... hNUWN. It,.. the ,..lIoan Itll)' M!tl'IHJ ^&Jvleory <':uIIIIIIIII_ met III IJ)ooIA Seulon on lhls dAte at 10:30 ^M at the Foundation Cenlf!r, 1961 Hammock 0..11 Otlv... NllplH wll II t "co '''lIrl\\I'''. 1tI""'~"HI ,.........",. Dr. Alan Varley, Chairman Mr. George Werner, Vice Chairman Mr. Thomas Brown Mr. Rodkey Cra.ighead ' Mr. Frederick F1atto (Absent) Mr, Edward Griffith (Absent) Mr, Glenn Harrell (Absent) Mr. Herbert Hasson Mr. George Hermanson (Absent) Mr. John Hoyt Mr. RusseU Mudge(Absent) Mrs. Cora Obley Mr. Anthony Pires. Mr. Charles POPP':r Mr. Bemon YOUr1.g (Absent) ALSO PRESENT: One resident of Pelican Bay; Mrs. Susan Watts, WCI Conununities; Mr. James p, Ward, Division Administrator and Mrs. Barbara SJTÙth, Recording Secretary. AGENDA: 1. Roll Call 2, Consideration of a Consultant Contract Amendment for the Clam Bay Management and Restoration Plan - Mr. Ted Brown 3. Consideration of Contract Manager Services with the firm of Gary L. Moyer, P.A. for FiscaJ Year 1998 4. Audience Participation 5, Adjourn ROLL CA LL: Dr. Varley called the meeting to order and asked that the Record show Messrs. George Hermanson, Edward Griffith, Russell Mudge and Fred Flatto with excu:;ed absences, CONSIDERATION OF A CQNS~TANT GONTRACf AMENDMEl''T FOR THE CLAM BAY MANAGEMENT AND RESTORA nON PI,.ðl:{ Dr. Varley explained that today's meeting was to review the budget for the Mangrove RestOf'2tion Program. Originally we had approved $298,500 and to drlte we have spent $296,753. There is now, in order to continue this until the end of the ye3f, another $250,000 that is being estimated as being necessary. We had an original $300,000 program thllt is now going to be a - 2524 - ..' ,---_.._---~.~,--~_._. ...__.....IT .._~..o_<_ 1 6 G 1 PELICAN BAY ADVISORY COMMITTEE July 16, 1997 have seen that John Steiger with the City of Naples has written a letter to the Corps. and FDEP, articulating tht agenda about navigation. It is clear that he is articulating the view of the Seagate residents, but he has clearly set forth a program that we could accept and is useful in temu of the overall strategy of advancing our agenda. For them to go out fÌ'ont as a government uking a position that navigational parameters and operational characteristics of Clam Bay should rema.in a.S IS. What that means essentially is that there is a "no wake" zone enforced within the parameters. recognition that there is no excavation being done to augment the navigation and recognition that there will be long periods of time in wruch navigation will not be feasible, simply due to the water conditions in the bay itself. They would not be t.a.lcing the position of formally closing Clam Bay to motorized navigation. That was useful for them to take that position. I did not ask them to do it, but it ""ill allow that position to now boil up correctly and let us respond to it as that issue unfolds. We have also provided to you the rustorical and archaeological clearance on the project and while lhat is never an event that will likely kill a wetlands project, it is nevertheless an approval that you must go through, From this point forward we are really down to three major themes, One is freshwater, what are we going to do and when, etc. The other is spoil disposal witrun the spoil islands and how that is going to be handled. The third is sort of an ancillary issue and is the depth and width of the channel excavation for all practical purposes. With respect to the three cuts, we will not attempt to dispose of that spoil by simply spraying it to the sides. We have corne across some recent studies that indicated that can be problematic in certain circumstances where depths are not rigorously contiolled. One of the trungs we do not want to do is risk, by having successfully excavated the channel and by burying debris, killing any trees. - 2526- PELICAN BAY ADVISORY COMMITTEE July 16, 1997 I have plugged Dr. Hillestad in for $35,000 for the seven month period, The seven month period commenced on June 1 of this year. These numbers assume that all parties are at current status, While Dr. HilIesta.d has spent only $10,000 worth of time in that period. I envision that he win be accompanying me on any and all meetings and site visits as his expertise is critical to the success of tlús undertaking. Mr. Lewis' estimate is $11,000 and in that amount, only about $3,000 is related to Clam Bay, The balance is related to the monitoring taking place. I am not sure of the amount of involvement for Mr. Lewis in going forward, (TAPE UNDECIPERABLE DUE TO BACKROUND NOISE, APPROXJ1\.1ATEL Y 20 MINUTES) Mr. Popper stated that there has to be a point where you stop answering questions to every group, whether worthwhile or otherwise and at your rates, we have to be careful. I do not know how you do this, but maybe the approach we should be taking is that we have answered your questions. Mr. Brown stated that he has been here for \;rtually every meeting that you have had and there has usually been a room full of people that have been reasonably interested and have had their questions answered. I feel that the format ought to be that I can report by sending you a written report, as opposed to coming here if there is not a need to be here. I am a phone call or E-mail away to respond to individual questions you might have that need to be addressed, I am not suggesting that I shouldn't come to any more meetings, it is whatever you want me to do. Mr, Popper stated that possibly these other groups would come to this meeting and have the opportunity to ask questions in an organized fashion, as opposed to having Mr, Brown attend - 2527 - -"-'."-"'~-'-"---'----'~ PELICAN BAY ADVISORY COMMITIEE July 16, 1997 I 6 G I t their meetings and make a presentation, This should be the vehicle for questions. When I say vehicle, I mean this meeting, this format. Dr. Varley stated that it was a surprise to him to find that the talks to The Conservancy and the Mangrove Action Group and Save The Bays were all on our ruckel. I know you have to be paid for it, I have no objection to that. Somewhere I thought in the magic of the whole process, that was aJl t.aken care of. To then find out that the meter is running on our time was a bit of a shock. þ'{r, Werner stated that he took aJl of the invoices and broke the hours down according to what they were spent on. If my figures are correct, and the way the bills read it is like three hours with Save The bays, Mrs. Desilver, etc. I tried to break them down into some type of percentage and tried to give one third of the billing to each. The reason that I disagreed with Mr. Brown, is that the hours that were spent with PBSD; Tackney; Lewis; Wùson. Miller, the agencies, Collier County and travel time, which I think would have been expected, comes to about S92,OOO and this is through May. About $8,000 was spent with Save The Bays, Naples Daily News, The Conseryancy, Mrs; Desilver and the Naples government people. I don't really think we are talking about that much money, which was spent outside of what we would consider the normal hours. Mr, Brown replied that the reason is, that much of the other kinds of time was spent with Tackney; Snedeker; Wilson, Miller; etc. in structuring responses to those groups. I cannot agree with the break out of those figures. Mr. Hasson asked how much time was spent outside of the Restoration effort with regard to Public Relations? - 2528 - PELICAN BA Y ADVISORY COMMITTEE July 16, 1997 16G 1 Mr. Brown replied somewhere in the area of35%-40%. Mr, Popper stated that he thinks with what has happened in the past and that we are at a point that so much data has been generated and if somehow or other we can taJœ the position thu from now on Mr. Brown be instructed that any questions from any of these outside agenÓes be referred to our normal meetings, They can submit something in writing and :Mr. Brown can be prepared to answer that and he not be prepared to go outside of this forum to any other meeting. Mr, Brown replied that he is not uncomfortable with that. Mr. Brown stated that some of these issues have to be addressed in some manner or these groups can assume two things. One is that you have something to hide and that is a negative in this kind of thing we are trying to do, I also don't think we have to chase every person who sticks his hand in the air, I would suggest to you that I wi]) simply tell the Mrs. DeSilver's and others that ca]), "Thank you for your questions, I will be responding to that at the meeting and you will be able to attend and hear that response, or alternatively you can file that comment with the regulatory agencies and they will direct me to respond or not respond," I will be very firm about that, as I am also concerned about the expenditure of dollars. Dr. Varley asked ifl\1r. Hoyt objected to that position? Mr. Hoyt replied that we should give due consideration, but just can't deal with every comment. Mr. Popper stated that he has no problem with that either. We have to take a position here, I certainly do not intend to be rude to anybody, but I don't think you an be called upon to go before a group that I question really has anything to add or subtract, but because they feel they - 2529 - -."- ---....-..-- PELICAN BAY ADVISORY COMMITrEE July 16, 1997 1 6 G I! are environmentalists feel they are entitled to your time at our expense. These are people who do not even live in Pelican Bay and are not contributing to it. Mr. Ted Brown replied th~t he does not disagree. Mr. Tom Brown stated that he was absolutely floored when Dr. Guggenheim said that you did not respond to him before he went to the newspaper, which is what happened whether he admits it or not. You are a subcontractor to the Pelican Bay Services Division, is that right? Mr. Ted Bro\'."J1 replied in the affinnative, Mr, Tom Brown stated that you are a hired hand and there is nothing wrong with being a hired hand. As the guy with the money, why does the hired hand have a open book with everybody who calls them to spend money. That has been totally incorrect and frankly anybody who calls from here on out, I think our contractor should say "If you want me to spend time on this, first of all you should direct the question to the Pelican Bay Services Division, not the contractor". Second, if someone calls you and wants you to spend your time, say " I'll be glad to spend time with you, my rate is $200.00 an hour and I will send you an invoice". That is what happens with a condominium association. All the members su.rt calling the attorney and he says "If! talk to you, I am going to bill you or your association". If you want to pay for my time. I'D be glad to bill you. If not, go through the Pelican Bay Services Division. Dr. Guggenheim should have gone through us. Mr. Tom Brown moved, seconded by HerlH:rt HGS1Ht tIutt ..;¡ comment to you from anybody OIItsitk tJaid is ItlÎRl to Ñ IÑ11.IIbk should be referred to tlte Pelican Bay S£TVica I>msúHa tUUI . authorized by them to occur time, then )'011 CM "" UA. J'Qk ItDt taken due to further discussion. - 2530 - ,.'".-..----.---.' PELICAN BAY ADVISORY COMMITTEE July 16, 1997 16G 1 Mr. Pires stated that he is in a position of representing clients in front of government agencies and representing governmental bodies also, I understand the dilemma that Mr, Brown is caught in and also the concerns of the Committee. Quite often I will get individual citizens from the City or a community that will call me. Then the client, that I am an independent contractor with, will have the same kind of issues and concerns that this Committee has, Possibly part of tbe motion can put some flexibility on Mr. Brown's part because we only meet once a month and we don't want to call a ton of special meetings. There may be instances where there might be a need for Mr. Brown to respond directly to an organization. We already have some people out there taking shots at us, maybe we do not want to be accommodating to them necessarily, but we do want to get a permit. There are some groups that if you don't sort of respond, may take action which you think is precipitous and would not have taken if you had maintained some communications. If there is some opportunity for the Chairman or Mr, Ward to say, Mr, Brown. this is something you could talk to him about, because there is a thirty day gap between our meeting dates. That is my concern. Mr. Tom Brown stated that we have an office here in town and a phone that is manned eight hours a day. Mrs. Smith gets the call, and she in turn calls Mr. Brown if it is important. Mr. Pires stated that he feels Mr. Brown could head things of at the pass. That is my concern, that waiting thirty days, things may not be headed off at the pa5s, That puts an extra burden on the Chairman and Mr. Ward, but it is a flexibility while maintaining some restraints. Mrs, Watts stated that from WC!'s perspective there is a concern in general about the costs. In terms of progress on this project, I am personally and professionally very pleased with - 2531 - PELICAN ÐA Y ADVISORY COMMITTEE July 16, 1997 16G 1 where w~ have gotten to this point. I have been a hired hand and have represented an owner on the-.se kinds of issues for over fourteen years, I would say that I don't think I have ever been solely responsible for a project that is quite as complicated. This Clam Bay Restoration Project is very complicated fi-om every different parameter that you can think of, including public issues, in addition to the technical issues. I just wanted to share a project that I was involved with at Pelican Marsh. For some scale and magnitude, a project was 133 acres and is a restoration project sirrular to Clam Bay, but not as complicated and has a lot of hydrologic issues. It is the Cocohatchee Strand, It took us almost one year to get a permit to enhance and restore that wetland. It cost us almost $400,000 in consulting costs, including legal. We do this for a living at WCI and are very cautious about our expenditures, We didn't anticipate spending that much money, but this is the problem that happens. You get into the system and all of the sudden the agencies want a lot of additional information, You sit there then and say to yourself, can we scope that down to reduce our costs, but at some point you have to provide them with that information if you want to move forward. Often times things cost more than anticipated. Often times you have to hire additional consultants that had never been anticipated because someone trom the EP A brings up some totally off the wall, unanticipated question and you don't have the right people on your team to answer that and it has to be answered if you want to move forward, The issue about dealing with questions coming from the public andlor other agencies, I would really caution you on this. I understand that can add up to a lot of money, but the one thing you do not want to do is alienate people to tbe point that they are then going to cost you a lot more money, If they start sending additional letters to the agencies and bringing up crazy things that the agencies are then going to ask you to provide answers to, that may cost you a lot more money - 2532 - ...- .---,.... -"..,"~_....~,,-- .......... vV"-"'--- .......,~.. ~.......-........., .-.---.-.----..-'..--.-......--., PELICAN BAY ADVISORY COMMI'ITEE July 16, 1997 16G 1 in the long run, than answering some of the questions submitted. I am not saying that Mr, Brown should answer every single question and I agree that is a little extreme. He anticipates that a majority of those questions have been dealt with in the larger components, To not allow him the flexibility to make some decisions on what to answer and how much time is necessary for that in tenns of the overall pennit, I would encourage you that we need to defer some of that decision making to him and give him some parameters. Having every single one of those things come to Mr. Ward or the Committee is going to create a time delay and I would urge you to caution that portion. At present the public interest component is very important. I know the dollars are more than were anticipated, but I would say that Mr. Brown really underestimated in the beginning with his S65,OOO. We have never had anyone come to us in a bidding process or in a request for proposal to do something on the magnitude of what he is doing, that was anything les3 than S100,OOO - $150,000. Those are all time and materials budgets. When you get into this environmental arena, it is very difficult to estimate. I am not saying that I am condoning all of these additional dollars. I am just trying to share some of my experiences and background. I don't think that because we are having to spend more than $65,000 is unexpected. I fully expected it. I am very pleased with the way this is moving forward in tenns of the permit itself Mr. Tom Brown stated that he did not say that Mr, Brown should not talk to the agencies and continue to do the job he is doing. Mr, Guggenheim should have come back to Pelican Bay Services, not to Mr. Brown in Orlando, Mrs, Watts replied that her point is that she has a lot of respect for Mr. Brown and what he does and I think he knows this process better than all of us put together. I guess my thought - 2533 - PEl.ICAN BAY ADVISORY COMMITTEE Juty 16, 1997 IbG 1 would be to let Mr. Brown make the decision as to whether he should respond to someone or defer it to you, Sometimes it is just a quick answer to someone, Dr. Varley stated that he does not think anyone is objecting to responding to answers, it is the bills we are concerned about. Mr. Brown should be able to make the decision as to whether this is going to be costly, Mrs. Watts replied that she agreed. but is saying that there are some thing!! that Mr. Brown needs to be making the decision on if it is meaningful for the progress of the permit to answer. lfit is a big expenditure and a trip, etc., he should talk to the Committee, Mr, Popper stated that what staggered him was the 35-40% and whether it is 25-40010, it is still a tremendously large number. I think there has to be some happy medium to the amount of time Mr. Brown spends with these other environmentalists, You have to answer to all of the agencies, there is no question about that. I just think we have to be cautious and not get embroiled with every environmental group that exists, Mr. Tom Brown stated that outside inquiries from outside parties that are directed to Mr. Ted Brown should be diverted to the Pelican Bay Services Division., unless it can be answered in the same phone call in five minutes. Mr, Ted Brown stated that he has a sense of what your objective is and that is that you do not want to see an eight hour trip to a Save the Bays Meeting in Naples that was not previously authorized by you, and you won't see that. I honestly think these things are on the wane. We have already taken the position with Save the Bays that we are not going to delve into data sets and run more hydrologic curves on Doctor's Pass to show how it is going to affect the flap gate at Seagate Culverts, etc. We passed over that and have given the answers and we are through. I - 2534 - <,._M'_ ..__._._ ......,._.'" ft-'.' ·tt1~"~"n" ,-nl\'1\4IT"-"'" July 16, 1991 -- think for the most pM! you are talking about things that I believe are being less of a problem moving forward, as it has been in the past. I would encourage you to allow some degree of flexibility so that 1 can at least create the illusion with people that we are at least taking the time to call with a high degree of interest. I am not unhappy with the motion. Mr. Werner stated that we cannot have Mr. Brown as the Manager of this Plan and tie his hands behind his back. If we don't have enough confidence in him now, better understanding the parameters of our concern, then we shouldn't have him as a manager, Dr. Varley stated that he sees this as the other way around. If this gives you an excuse to be able to respond to these people, I would be delighted to visit and talk with you, but the Pelican Bay Ser.;ces Division does have financial constraints anå you better get their approval before I commit myself to it. Mr. Ward asked Mr. Brown if he was willing to withdraw his motion and Mr, Hasson if he was willing to withdraw his second to the motion? Both replied in the affirmative, Mr. Werner asked who is managing these dollars, is it Mr. Brown, Mr. Ward or us? Dr. Varley stated that the Pelican Bay Services Division is the official word. Mr, Ward replied that in many respects when we hire a consultant, no mater who it is, the confidence that you have whether it is you or me, is really based upon two factors. One is your confidence level that they are going to be able to do the job and move the process forward and not expend whatever dollars they are going to spend in a manner inappropriate or go over budget. I had indicated to Mr. Werner not long ago, that last year when I did some soul searching as to whether or not to recommend to you that we get into this process, the one thing that put me over - 2535 - - ._.....,...-.,.._..._-"_._-_._.-....,...--~~.~~- PELICAN BAY ADVISORY COMMITIEE July 16, 1997 16G 1 the top in terms of at least having confidence that we would come to you with a solid recommend<ltion, was the fact that Mr. Brown and Dr. Hillestad were involved in this process. I was of the opinion one year ago that without the two of them that [ would not have been able to recommend to you that We move forward with this restoration. I had no confidence in any other consultant that I have been involved with, that has done a better job, either locally, state-wide or nationally, in teons of this kind of a work effort. I also had thought the dollars given to you a year ago were incredibly low and substantia]Jy lower than what I have ever seen on this Idnd of project, but I also knew that the time and effort that they were going to put into this would never be wasted, Whatever time he did and do]Jars spent, the time effort or whatever was on his timesheets was not wasted. We would not get billed for something that was not necessary. When I looked at the bills, and I look at these bills every month when they come in, knowing who the consultants you have working on this project, I was extraordinarily confident that whatever effort or time was put into this project were put in it in such a manner that they produced a result for you in the long run. I believe that today. I don't think we rea.]Jy need someone to sit there and watch Mr. Brown and Dr. Hi]Jestad every single day and every single minute of the day. If you did, they are not the right consultants to do this job. That is not what you are looking for. You are trying to look for results and a consultant that knows how to manage his own work effort. I, as well as Mr. Brown, was astounded at the amount of public input on the front side of this project, while I am used to some public input but not nearly to the extent that we had on this portion of it, at this level, at this time. All of which in my mind, Mr. Brown made good valued decisions for you, although we have run the meter up, but at least good valued decisions to make the appropriate responses to whomever it was, I believe he has made excellent decisions with - 2536 - PELICAN DAY ADVISORY COMMfITEE July 16, 1997 1 6 G I responding to those issues and I think he is capable of making those decisions, Otherwise, I would not have sat here for the las1 hour or so and stayed rdatively quiet. I think if you look at where he is going with this proj.::ct and where you are today, there is no question in my mind that in tenns of this long tenn program, we are substantially further along than we ever were on the short term program, I think we are right on target of where I expected us to be in this process, forgetting for a moment the level of involvement trom the community. I think Mr. Brown has done an excellent job in that issue of the program and I certainly, as your representative, take a look at these bills constantly and spend a lot of time on the phone with Mr. Brown and I do not think that the time he has put into it is for naught. It has been very productive. Between Mr. Brown's mowledgc of how to get this permit and my knowledge of what I do for a living, there is no question in my mind that I think the program and project has been managed extraordinarily well to date, albeit this problem, with respect to the level of involvement with the community. Dr, Varley stated that he feels the Committee has felt tram the very beginning that it wanted to b{: involved in this and I think there is a criticism that it looks to me as I look at the numbers, that this problem was very obvious last February, I think you should have taken us into your confidence and said, look we arc spending too much time on public relations and we should cut back here, or accelerate this. That is the concern that I have. Mr, Ward agreed, saying that is a valid criticism and can assure you that will never happen again. Dr. Varley stated that it is time to accept this as it is, reject it in total, or we try to figure a compromise. - 2537 - "~ -.-.".",,,.,,,..,......-- PELICAN BAY ADVISORY COMMITTEE ¡ely 16, 1997 lbl'ì 1 overall budget is the point I am trying to make. It is not that you are running out of money within the allocated share of what we agreed to commit to the project. Mr. Werner stated that if anything else exceeds their costs, then we are out of money. Mr. Ward stated that what Mr. Werner stated is correct. What is contained in your budget is a contingency line item at this moment and is the amount I would reallocate in ord~ to cover the costs of finishing this portion of the project. Mr, Brown is right also, it is not outside of the constraints of the S2,OOO,OOO of the total project. The contingencies are getting a little tight. For example if the spoil island comes to tTuition at 50% more, we are going to have a big problem within the constraints of this budget. Dr Varley stated that it would seem to me that we cannot just give up at the present time. We have had just on cycle of questions and need to see another round of cards here before we even begin to trunk of anything. Dr. Varley stated that it would seem to him that it would be very unlikely that the regulatory people are just going to turn this thing down flat. It would be rather poor public relations. Tfthey don't want to approve it, they will just keep asking more and more questions, It seems to me, somewhere along the line we either get approval or we have to face the question of have we done enough. I heard you say a little while ago that witrun the next 120 days we might be at a point where we might be able to read just what is going on, or if we are just going to play games with the permitting people. It would seem to me that we might budget up until 120 days and then reassess the situation. The other alternative is, we just approve the proposal as it is presented. - 2539 - --.,"~..,.....~~-_.._- PlCLlCAN BAY ADVISORY COMMITTEE Jul,. 11\. .997 16G 1 Mr. Ward recommended that what he would like to do is file the FDEP response now and they have thirty to forty-five days in which to provide to you in writing. a second tier response, I think what might be appropriate is at the time we get this second tier response, we spend a few minutes with Mr, Brown and evaluate what that second tier really means and come back to you with that analysis effort, Circa October I, the beginning of your budget year, that would be the appropriate time to have that second ticr evaluation by you, Hopefully by that time we will have that response. Mr. Werner stated he thought Mr. Brown said it would be back in thirty days. Mr. Brown stated that he would like to amplify that because he does not want to get into Ã position where YOll are creating a level of expectation that is not deliverablc. There is not a level of preciseness to this, that one can say that in thirty days you are going to have any clear direction of where the ultimate wedge is going to fall or not fa\l, I am concluding a paper that I am doing for the Florida Wetlands Conference and when I am done 1 am going to send it to you, on the strategies for environmental pennitting. What you are going to find I am going to say about it based on my experience, is that this is kind of like a dance, Yau don't show up at the front door of the dance and get the queen of the prom. You have to work your way down the dance card for a period of time to where you can find her, The point is, when I say to you that we are in range of 120 days away, what I think is this. I don't think there is a lot more that we can do in the Plan and be successful. The problem is that the regulators sitting in their private room agree that there is not a lot more that we can do to be successful and I thjnk they generally like what we have on the table. The diffh.;ulty is, they do not have enough of that stuff in their file yet to give them the comfort politically that they have to cover to make the decision to go forward. So, the dance has - 2540 - PELICAN ßA Y ADVISORY COMMITTEE July 16, 1997 16G 1 got to continue. Where I trunk we will get to as we pu!\h this down the funnel is at the next meeting, the next set of response will have some dialog about spoil islands. We will bring to that meeting hopefully some more detail about just exactly why it costs more and that we do not have it in the budget and therefore we cannot do it. One of the measurements standards is cost. That is a regulatory standard, They are charged with the responsibility of taking that into account and evaluate what it is we are trying to do. This will demonstrate that and look them straight in the eyes and say that is not doable with.in the constraints of what we have to spend. This project is different. The developer is not going to write a bigger check to accommodate trus deal. You have got to make the choices. We wi1l begin to push that more aggressively at uch stage along the way. One of you asked, can't we do that now, why don't you go to them right now and tell them you have spent all you ar¢ going to spend, take it or leave it? I can tell you what the answer will be. It will be left. We have not danced long enough. You have no way to accept that except to take my word for it, but we haven't danced long enough. You can give me that direction and I will deliver the message and my prediction to you is, that it will be turned down. My other prediction is that if I did not feel comfortable, I would not be here today, I think we will ultimately be successful within the timeframes we have talked about, to accomplish what you want accomplished. Mr, Tom Brown asked if three spoil islands were proposed and 22,000 cubic yards and how big are those islands? Mr. Ted brown replied that a significant portion of the spoil, larger than originally thought, is going to be beach quality sand. More of the spoil will be allowed to go to the beach. - 2541 - PEliCAN BAY ADVISORY COMMrITEE July 16, 1997 16G One island is two to three acres and the other is about 'I. of an acre. We will only use two of the four. The tlùrd being the beach disposal, which is reany not the issue, Mr. Tom Brown stated that you are talking about five acres total out of about 570 acres. Mr. Ward stated that it is .009010 of the total area. Mr. Tom Brown replied less than 1% of the total area. Mr. Ted Brown stated that he will be the most surprised man on the face of the earth if everyone does not buy that. The problem we face is that we are dealing with a bureaucracy that operates in a rcalm where they want to operate within this vel)' defined set of rules so that they do not have to make decisions. One of the parameters of trus bureaucracy is you don't fill in a wetland, period. Well that is not totally true, there are multitudes of exceptions in the regulatory scheme that allows for those kinds of things to happen. The problem here is the issue that we have to walk the dance a little longer and demonstrate why this is the preferred solution and that the impacts are positives and not negatives. I think we are on our way to doing that. Mr. Craighead moved, seconded by Mr. Pires to accept the proposal as submitted, No vote taken on this motion, due to further discussion. Mr, Werner asked if this were a proposal? Mr, Ward stated that what we would do if the numbers are alright, is that I will go back with Mr, Brown and redevelop the proposal and then come back with the defirùtive numbers and specific scope issues again. They are going to look very similar to what is already in place, Mr, Werner stated that the dances that we have to do from now on are projecte.d to cost $200,000. - 2542 - .. J. IbG 1 fELICAN BAY ADVISORY COMMITTEE July 16, 1997 Mr, Bro'wn stated that at this point we have not heard from Nation..! M?.IÍne F¡sheri~s, the United States Fish and Wildlife Service, the United States Environmental Protection Agency and all of them have yet to comment. All of them have this Plan in front of them, I can envision one, if not two, all day site visits with one or more of the regùlatory groups that may give rise to additional efforts to have to respond to additional levels of inquiry, There may be a r~quirement . for Mr. Tackney to do additional hydrologic analysis to justify some conclusion or review some data set that someone now wants to ask a question about. I anticipate in terms of my own involvement, it will stay pretty intense at the level that it has been. I will be using these consu]tants only on an as need basis going forward, but I have attempted to envision what I view to be a worst case level ofinvolveme:nt to the end gain. If no on~ asks another question about the hydrology of this undertaking as it related to Mr. Tackney, his budg~t may not spend ¡lìother $1,000, On the other hand if he has to go in and do another set of calculations in order to advance the baJI over the hump on a question, we may spend $25,000. Those are the "X's" in the equation and I have attempted to take the totality of where we have been and project where we are trying to get to and give you a sense of what I view as the worst case. Mr, Ward stated that an additional thing that can be done is what I do on a monthly basis. is that when the bills come in at the end of the month, it would be appropriate to provide you those invoices and update those pages so you can see the level of involvement by each consultant. If we take their hourly rates and review their invoices and have some comparison by the number of hours available under these numbers, versus where we are, you can get a really good handle of where we are on this project at least in terms of cost. - 2543 - PELICAN BAY ADVISORY COMMI1TEE July 16, 1997 16 G 1 Mrs, Obley gave her sympathy in working with the bure.1l1cracy, An exam¡:>le is Dr. Guggenheim who did not take the time to find out that Sarasota Bay was really 1950 and relates to some of our old canals there rather than Pelica.n Bay, I think we should go ahead with the project. I like ~1r. Ward's idea that we review again in 120 days, We need to give you some money to work with in the meantirne, but we are still doing something on County owned land and I know it is probably useless, but the County should be made aware of the fact that more funds are needed. We should also go back to the Conservancy anå tell them if they want us to do such and such, you have members living in Pelican Bay, you contribute to the party too. I think those two sources should be looking for money and I would hesitate to give the S250,000 today because I think we should investigate those two sources. Mr. Werner stated that we are not giving additional money, only reallocating. Mr. Ward stated that he does have to am~nd all of the purchase orders and contracts in order to pay them, Mr. Werner stated that we have bills back to April and if it is the !;ense of this group. that even though Mr. Brown has exceeded his proposal with us, we should get these outstanding invoices paid. Dr. Varley stated that he feels that if the money is appropriated, it will be spent. I think that we have to rely on you that by going ahead and approving this, that all of the subcontractors are not going to send in a biJI and say this was my share. We would like to be sure tl12.t we are getting something that is necessary and vaiue for the money that is being spent. Mr. Brown responded saying that for the first half oftl-Js project, I have received copies of the consultants bills that have been submitted, ~fr, Ward and I have conferred by phone. In - 2544 - PELICAN BAY ADVISORY COMMJ1TEE July 16, 1997 16 G 1 preparation for this meeting and looking through the materials provided, all of Mr, Lewis' expenses were incurred during the months of January and February, with the exception of $300,00. These bills have been recurring on a month to month basis because his involvement is. Dr. Hillestad's bill for June is $10,000, Dr. Snedeker's have been on pretty much a recurring basis and is sort of a drop in the bucket in context to what we are talking about. Wilson, Miller has billed as their services have been provided and they are sitting there with about S52,000 left in their account. The role that these people will play going forward is really ili my direction, They get involved or not involved based on my making a phone call. \Vhat I am going to recommend to Mr, Ward that we do as we move forward is one, as it relates to my own bills, I will give you a figure that takes that $70,000 and each month show you where it is accumulatively so that you know whether there is an overage or not. We win do that with respect to each of the consultants. We will show you what is being spent on a monthly basis against that number, If it is a negative variance we wilI give you a r~port why that m:gative occurred and whether we think we can nuke it up in the next month with a positive variance or what have you. You will have on an every thirty day basis, a sheet that d~tails what precisely what has come out of the system. Mr. Pires stated that from Mr. Brown's standpoint the billing statements reflect total activity in a day and a cattgory of a lot of activities with one chunk of hours allocated to these activities. My experience is that my government clients retluire me to use the S1U11e format so that the tenths are reflected for each activity as opposed to all actÌ\ity for one day. If you could allocate by actual activity to the time, that would help, Mr. Brown replied that he does not have a problem doing that. The software is my pencil, and someone has to type that. - 2545 - PEUCAN BAY ADVISORY COMMITTEE July 16, 1997 16 G 1 Dr. Varley called for the motion to carry us forward with the expenditures to the end of the year Mr. Craighead moved, .,econded by Mr. Hcwon to approve the contract amendmellts for the Oam Bay Restoration Plan. Motion failed on a vote of 7/2 with Mr, Wana and Mrs. Obley }'Oting "no", ,Mr, Popper stated that he thought Mrs, Oblcy had a very good idea about going back to the County to see if there are any funds that we could get from them and also the Conservancy, which I do not hold much faith for, I also liked Mr, Ward's suggestion of a monthly rec.ap. I would personally like to see one page, I do not need to get into all of the back up that is your responsibility, As a Committee member I am interested in a one page summary of where we are. If there is any support to that, I would like to see it go forward. Mr. Ward stated that the Motion failed due to not having eight affirmative votes. Mr. Werner stated that his vote was just an indication of his exasperation and frustration with the increased costs and I think it is the sense of the Committee that they want to go forward and in that case I would like to change my vote. Mr. Craighead asked how our partner felt about this issue? Mrs. Watts replied that they are in favor, but looking at it on a monthly basis, Mrs. Obley asked jf there was a problem of going ahead with a revisit to the amounts in October or November? Mr, Ward replied that he would revisit it every thirty days "";th the Committee. - 2546 - PELICAN SAY ADVISORY COMMITfEE July 16, 1997 16G 1 Mrs. Obley asked that if in October or November if things are not going right, we can say this is it and not spend the rest of the money? Mr, Ward agreed. Mr. Crwghead moved, secolllkd by Mr. Hasson and approved unanimously, to proceed with the contract amendments for the Oam Bay Management and RestoraJÌon Plan. Dr. Varley stilted that one thing he learned this morning and was quite a shock was that of this budget, S72,OOO that Mr. Lewis spent was not on this project, but on the Task Force project. Mr, Ted Brown replied that of that S72,OOO, he had a S30,OOO budget to participate with me on this project. The balance was 011 his monitoring of the other things that he does. Dr. Varley stated that $12,000 is here for Mr. Lewis. Mr, Ted Brown replied that if you look at the proposal Mr, Lewis prepared in response to my request, there is only about S3,OOO of that S12,000 that is actually targeted to Clam Bay. The rest is for ongoing monitoring which is a different cost center, but still comes out of the money, Mr. Popper asked if we can taJk about going back to the County? Is there any hope in going to the County and expressing concerns that we all have? Dr, Varley asked Mr. Ward the fornlat of doing that? Mr, Ward replied th&t there are two issues. One is in terms of any funds they would be willing to come up with for construction activities related to the project. That discussion still needs to be had with the County, but that nc:eds to happen in sixty to ninety days when we are closer towards having the firm numbers and what we have to do. I think there are some opportunities to talk to them about helping with this. This will substantially help them with - 2547 - 16G 1 PEUCAN BAY ADVISORY COMMITTEE Jol}' 16, 1997 moneys they are spending twice a year now in opel"jng Clam Pass and in addition, up in the northern rarts of Clam Bay they had some mitigation work that they were doing with planting some mangroves where they had impacts along Vanderbilt Beach Road, That effort has to be revisited in terms of their permit requirements for Vanderbilt Beach Road and the success rate they have in those permits. I think once we understand what the numbers are, I need to sit down with the Capital Projects people show them where we are, what we have done for you and we think you should put some additional funds in for these activities. That is something we should do. Mr. Popper stated that part of the Tourism Tax. which is the Bays and Pass Maintenance, is a legitimate sou:"ce. l\.fr. Ward replied that the Commissioners are sensitive to that issue and spending the money wisely. My understanding is that the Tourist Development Board had some consternation about spending those funds on pass maintenance and have limited it a lot That is a discussion that we need to have \I,;th the Commission at that point. Dr. Varley stated that it appears to him that when this thing is approved we are going to face two big problems. One is doing the actual construction work and also some kind of a monitoring proposal that we are going to have to face. It seems to me that this would be a good time to ask the County to pony up on either one or both of those. I would sure hate to lose our advantage by piddling around now, if we are planning on going back at that time to get some help. Mr. Ted Brown stated that Dr. Varley's point is extremely valid. I have met with some of the Commissioners and continue to meet with some and my sense is that there will be an - 2548 - FELICAN BAY ADVISORY COMMlTfEE ,:Jul! 16, 1997 16G 1 opportunity and the strongest opportunity we will have to get their input is when we can categorize specific attributes to the Plan and their costs and the permit is in hand, At that point we have now solved a big problem for them and when you have that and ask for their help, they can buy in and say we ",,;11 cover "X". Mr. Pires stated that his only concern is that the County is in their budget cycle now and if we do not have hard numbers until after they have completed their budget, I can hear the answer now where they say you should have come to us earlier. Ifwe then tell them we did not have the hard numbers, they are not likely to change or amend their budget. I can see that as being a very simple answer. Me, Popper stated that it appears to him that we should be talking to the Tourist Development Council. When 1 sat on that Board, there was a specific allocation made to pass maintenance and, to the best of my knowledge, I do not think the total funds have ever been paid out. From a political and emotional point, if you look at the major contributors which are the Registr)' and Ritz Carlton. which are our bookends, I think we ought to be moving along those lines for some sympathetic disbursement of money. Mr, Pi,es stated also recognizing that Tourist Development Council recommendations are only that and the Board of County Commissioners can override them, and they have. Mr. Popper stated that it appears to him that is the place to start. If they are not going to recommend it, the Board is certainly not going to take it upon themselves to come up with that. Mr. Ward replied that !vir. Brown is right when it comes to bracketing the number and Me, Pires is right also with resp~ct to the budget. I will have some conversation at the staff level with - 2549 - PEUCAN SAY ADVISORY COMMITTEE 1uty16, 1997 16 G 1 Capital Projects which d~.a1s with this and some of the staff that deals with the IDC Board and tell them what our ideas arc and see what we can put together in the next thirty to sixty days, CONSIDERATION QF CONIRA:Cf MANAGER SERVICES WITH THE FIRM at: ÇARY L. MOYER. P..4., FOR FISCAL YEAR 1998 Mr. Ward explained that this contract was a continuation of the administrative services which he provides to you on a yearly basis. The fee that is outlined in thc Contract is $53,000 per year and i$ the samc amount charged since the inception of this District. There is a guaranteed minimum of around 416 hours per year, which I average more than double that on a yearly basis in providing that ser,;ce to you. My responsibilities are everything from handling the affairs of the Advisory Cornmittee to ensuring that all of the programs that you put in place with respect to your budget are in fact implemented and put in place. I work at the pleasure of this Advisory Committee and enjoy working with all of you and would like to continue, Mr, Werner stated that he had requested that this item be continued until this meeting because of my concern that perhaps we were not getting the best prices or values that we were spending on diffcrent items. I have talked with Mr. Ward and my concerns were allayed. Mr. Ward explained that Mr. Werncr had asked him how we really actually go out to purchase and provide whatever it is we need in Pelican Bay. I nave a discretionary budget of roughly $ I, 700,000 per year encompassing Clam Bay and the security functions which you have here, The security is essentially contracted out by you to the Collier County Sheriff's Office. Wit.hin the constraints of the County we have a extraordinarily rigid process with respect to purchases. Essentially everything that W~ purchase is bid out on a competitive bid basis for everything that you buy fTom fertilizer, chemicals, light bulbs, berm maintenance, etc. There are - 2550 - PELICAN BAY ADVISORY COl\'1MITI'EE July 16, 1997 Ibl1 1 thrt:sholds i., tht! County where I can issue a Field Purchase Order for under $500.00 for which we; do not have to get comp(:titive quotes. Over $500.00 we have to get quotes from at least three vendors and over S6,500 we have to have written quotes. Over another threshold we actually go out to competitive bid and prepare specifications, advertise, etc. The bigger items such as annual flowers, chemicals, etc, are all competitively bid out because they arc over the threshold. Essentially evecything that we purchase within the Division is purchased on a competitive bid basis, to ensure the lowest cost. We also as a pan of the competitive process within the County as a whole, put together with a lot of the other things that other divisions are purchasing such as chemicals. We combine our bids with the bids of Parks and Recreation. etc. for the things that they need. For example we bid the removal of exotics with Natural Resources to get the best price. The engineering services, ¡fyou look internal to my operating budgets, are relatively small. I do not use Wilson, Miller for actions other than what you need on a monthJy basis or to actually do the computerization of that tax roll, Dr. Varley asked what if we wanted to rewrite the contract, can we do that? Mr. Ward replied it can be. Dr. Varley explained that as he read through the Contract he was offended that it is eleven pages long, with oruy one reference to this group. There is no reference to you having responsibility to us and vise versa. It seems to me that in future years that ought to be corrected. It should state more formally what is actually taking place or otherwise it shouldn't be ta1ång place. Mr. Ward st~ted that he has been in Pelican Bay prior to the existence of the Pelican Bay Services Division. As I have consistently said for years, I work for the pleasure of you and - 255] - PELICAN BAY ADVISORY COMMITTEE !.!!l1 i6, 1997 16G 1 im.plement the policies and procedures that you want, Assuming that does not make the County Attorney's heart palpitatt:, it does not bother me at aU. Dr. Varley explZtint:d that his other concern was the conflict of interest statement and asked ifhis involvemcnt in other piOjectS is part oflhat issue? Mr. Ward replied that the conflict issue is actually under Chapter 112 of the Florida Statutes. That is actually a provision that I put in the contract because I feel that both the County and you as residents understand that what I do and the integrity which I operate under is beyond reproach, It intends to get to essentially say that I will not provide a service within the constraints of Pelican Bay to benefit our corporation which is a financial benefit to us without telling you that beforehand, That is very important to me as a professional in doing what I do for a living. What I do want everyone to understand is that I am a professional manager of governmental agencies by occupation, That is what we do for a living and I limit my work to local governments or special purpose governments with respect to what we call Community Development Districts around the State. I do this around Collier County for every CDD in existence in this County. Mr. Werner stated that he intends to vote for the motion, but commented that he would like to make a comment for the rest of the Committee to think about. Mr. Ward's contract is e~sentially for one day a week, he may spend more time on a project, but essentially it is for one day a week. We now have It budget close to $4,000,000 and we have a number of upcoming projects such as Clam Bay, street signs, irrigation systems, etc. It is time that we start considering more full time involvement by our Manager. I don't say that it needs to be done this year, but I think we should consider moving in that direction. - 2552 - PELICAN BAY ADVISORY COMMITI'EE luly 16, 1997 . Dr. Varley sta.ted that he agrees with :tv1r. Werner and we are going to have to sit down and work out how to manage it, but I do not see how that un be done on one day a week. Mr. Ward stated that as said before, I work for the pleasure of this Committee and wilJ do whatever it is you want. The privatization of governmental services today is the wave of the future and what you v.ill se~ goverrunent do. It is innovative here in Pelican Bay in terms of providing leveis of services in house programs but privatiz.ing essential functions. My personal opinion as I move through government all over is that trying to provide contract administration services in the form in which you will be building your services such as Clam Bay, etc. should be a total objectiv~ that we try to achieve here, versus having that done by in house personnel. At least at this level it has proven time and again to be extraordinarily efficient, effective, productive and certainly financially, in your best interest. That is obviously a personal opinion of mine, but if you just look at what has happened over time, you will see that loolcing within the constraints of the County and capital projects, it tends to be bureaucratic. Having a contractor such as myself, who you can say you are out of here tomorrow, versus having an employee, where you have to go through significant hoops in which to get rid of that person and may cost you a lot of money, Mr. Poppu moved, seconded by Mn. Obley and approved unanimously to Q£cept Mr. Ward's contract and move forward - 2553 - 1 r PEUCAN DAY ADVISORY COMMIlTEE July 16, 1997 16G 1 COJ\fMI1TEE REOUEST~ B,JJŒP A.TRS Dr, Varley stated that he was talking with Mrs. Gallo the other day who mentioned that she had been talking about bike paths and that Mr, Ward stated that if they were going to do it, it would have to be done in October. Mrs. Gallo explained that I had to do something and that the Committee was not very responsive to the issue, ?-.-1r. Ward replie.d that what I had told her WílS that I had some commitment from the County on a time schedule in which the striping would go forward. What I had suggested to her WII.S that if you want to cOIltinue the debate the best time to do it is in the Fall when the people are here. Not that we were going to do the work in the Fall. Mr. Werner stated that he thought we were going to schedule a meeting in the FaJl when the people were back. Mr. Ward stated that he would have to check hi,; notes, but he recalled the Committee wanted to have a public meeting in the Fa!!, because there was not a lot of attendance when Mrs. Porter was here. Dr. Varley stated that he had told her he thought it would be another year before the roads would be stripped and did not see the big urgency of it. Mr. Ward agreed. Dr. Varley asked Mr. Ward to check on the status and give him a caJl. - 2554 - PELICAN BAY ADVISORY COMMITI'EE July 16, 1997 1 bG 1 . PROJECT REVIEW ?vir. Popper asked if at the next meeting we could review some of the i$sues that w(. havc. We have spent so much tim: on Clam Bay that we have issues such as lighting around Oakmont Lake and the widening ofU.S, 41 that need to be looked back on, Dr. Varley stated that he has tried to persuade lv1r, Ward to give liS an annual r~port and his rcport has been that everything is going great. Mr, Popper stated that he does not know whore these issues stand and docs not think that others do either. Mr. Ward replied that he would get this for you. AUGUST MEETING Dr. Varley questioned the need for a meeting in August. We normally do not meet in August. Mr, Ward requested that this issue remain open because of the Clam Bay situation and I am also in the process of scheduling the Public Hearing right now through the County Attorney's office? ADOURNMENT There being no further business, the meeting adjourned at 12:50 P,M. Dr. Alan Varley, Chairman - 2555 - H~.'_'~_'_ . , Ibb l~ C,~~~~-~'-~E~3>~~~~ ~_=-__.~ TO: PeliCAn Bay Advi:sory Comrnitt~ FROM: Jame., p, Ward DATE: July 17,1997 SUBJECT: Resident lIÛormation Policy - Advisory Committee Membership I lm-e attacbed for your review and consideration the Resident lnfOl1nation Policy that is a sumnwy of the discussion held at the last meeting. I bclicve the Resident Policy St.1fc:mcnt c~1y ~ all of the issues that were rWcd by both the Commincc and the rcsidenu and which provide a fair policy which wiU allow for intm:stcd residents within the community, to fully undcl'5tand the woOOngs (If the Pelican Bay Services Division and the Advisory Committcc. The rcc¡uc:st rclati~ to the election of Committee members goes dircct.ly to the independence of the Advisory Committee itself. The election of members of the Corrumttce brings complc:tcJy new statutory requircmenu to the Division itc;elf and to the Board of County Commissioners and the Collier County electorate. Accordingly, the election of Committee members would a:;entially crca~ an Jndc:pendent District. Ar. an Independent District, control would now rest with those independently elected rœmbers of the Committee. Since tlv.: Board of County Commissioners, as a matter of policy, asscmed a1J of the duties, righu, imcresu and obligations of the prior ind.:pendent Dœrd of Supervisors of the Pelican Bay lmpnn'CmCtú District, it Í$ unlikely thit the Board of County Commissioners would initLite a process to reverse t.bosc policy-making clecisiODi. Based upon this information, I would recommend that once we have rcceivc:d appliations outlining individuals lcuers of interest to scn-c on the Advisory Committee, this can be scheduled as an item to be díscussc:d by the Advisory Committee and any recommendations which may result from that discussion \\ill be forwarded on to the Board of County Commissioners for a determination 8! to the oomposition aad membership of the Committee. The Pelican Bay Services Division is strudured to provide an dfecti~, respollSÌvc and cœnomic way to dclh'C! conununity infrastructure se.rviccs in a environment that encourages public participation in the proces:¡. The Division hopes that this structure will ensure: flint we continue to meet the goals of this community and scrve the best interests o{Pelica.n Bay, PELICAN BAY MSTBU ADVISORY BOARD POLICY STA ITMENT RESIDENT INFORMA nON REGARDING MEE"IlNGS 1. AJI Pelican Bay MSTBU Adyisory Committee mœtings arc: open to all residents of prjica.n Bay. The regular meeting ða1e is thG first Wednesday of each month at 3:00 P,M. 41t \he Hammock Oak Center in Pelican Bay. When additional meetings are necessary every dTon 1,\;I! be made to inform the: community as promptly as powòle. 2. The meeting agenda ",ill ordinarily be available a wœk bef'J!'t ~2:ch ITIO':ting and \\;11 indicate tbo5c subjects that will be discu.sscd so residenu C3l\ judge their intcrtst in ;mcnd.!r.g. Wir.h the coopt':Tation of the Pelican Bay Found:ttior. Ú1(': agenda.~ will be ~1ed at eight silc.'> ar.)WK\ the: community; The Commons, the Hammock 0.11( û;nrcr, c.ach of the tr.ree Tram Stations and on th.: S,ndpip.:r and Sacnd Bar Beach bulletin boards <U1d at the Pc.1iC4n fuy Serviccs Divisiolì Office in the SunTrust Building. If additional eopie$ of t.bc agenda an: nc:ce.s:¡ary, (for condo bu.lir.lin board5, C1e.) they may ~ picked \.Ip at the Pelican Bay Scr.ices Division Office on the sixth l100r of ~ $unTrus: BuHding, ), With help from the Foundation, every cITurt "in be rt1.1&: to run L'1 informaòonal netice: of the: time. date and place ofthc next meeting on Channel 44 for a Wt:ek befQre car:h meeting. 4, MSTBU Advisory Committee meetings arc business mecting.~ and will bt: conducted a.s !'UCh. Board cliscussioll of agenda items will be conducted first and the audience will be in\;tcd to conuncnt or ask questions after the Board discus.~jon. Voting, whcn n~ry i¡;; ukcn after residcnt input. Each rcsidc:nt speaker 'l\ill be asked to use the floor microphone and state their name for the meeting l"Ci'..ord. Qucstjon.~ or comrncnl~ shou]d address the point under diSCUS5ion in a succinct manner. Audience requests and commcnts on items other than those on the agenda \~;II be addressed as an Open Agenda Item prior to Adjournment. S. The Pelican Bay Foundation has consented to run a brief "MSTBU UPDA TE~ column in each issue of the Communique, The UPDATE will briefly summarize imporunt issues discussed at each meeting as well as other important MSTBU and Pelican Bay Sei'\;ces Division infonnation for those who cannot attend the regular meetings. 6. Each meeting is transcribed and we transcript is ayailable for review to any intercsted resident of Pelican Bay, nle transcript is usually available two weeks after each meeting. As it is usually lengthy (20.50 pages), it is avai1able in the Pelican Bay Scr\;ccs Division office, Copies of the transcript arc available at the charges noted below, 7. Pclican Bay Services Division documents are public records and may be inspected at thc Pelican Bay Services Division office in the S'mTrust Building. Copies of public records are available at a charge of $,15 per page or the actual cost of reprodlJction. whichever is greater. 8. Copies of special board publications (such as annual budget) arc: available at the Pelican Bay Services Division office at the c:ost noted above, It is the MSTI3U Advisory Bo.1rd's opinion that tJle above policy mak.e.~ its actÍ\;tics open cqu.a!ly to eve!)' interested resident in the community. Anyone ",ith a question or suggestion is welcome at tJle monthly meetings or by phonc to the Pelican Bay Services Division office. Similarly ~I MSTBU documcnls arc: open for public inspection by interested residents. Requests for special infonr.ation, not rcadiJy available, will be accommodated if special arrnngcments are made and paid for. .. 16G 1 .. .. ,). ~~ME~~dRA~~U!.~1Ø&.~~ ¿~- I - __~_ w_~_ -~.--J - TO: Pelican Day Advisory Committee FROM: James P. Ward DATE: July 31,1997 SUn.TECf: Professional Engineering Contracts Pursuant to our discussion regarding the use of engineering firms and their rates, Co\!ier County ha.'I put into place five (5) contracts with engineering finns a!1 pursunnt to the Consultants Competitive Negotiations Act to provide Professional Engineering Services, and which are being renewed to run through September of 1998. These firms are: Agnoli, Barber & Brundage Inc. Camp, Dresser & MeKee Inc. Johnson Engineering Hole, Montes & Associates IDe. Wilson, Miller, Barton & Petk Inc. To utilize one of these contracts a Request for Proposal would be sent to one of the finns selected from the above, outlining t.he project and engineering work required. The Engineer would then submit! proposal to the Division for review. The Di\-ision can negotiate tllis proposal with the Engineering firm or if appropriate, accept the proposal as it is received. If the Engineering finn and Division are unable to come to terms then the Division may at that time proceed under this procedure with another of the finns listed. Once an acceptable proposaJ has been received a Work Order Number is obtained £Tom the Office of Capital Projects. If the proposed work is less than $15,000 approval is handled within the Division and a requisition along \\~th lhe proposal and work order are submitted to the Purchasing Department for the processing of a purchase order. When the purchase order is approved, then a Notice to Proceed can be issued. If the amount of the proposal is in excess of $15,000 the proposal must first be approved by the Board of County Commissioners and then a requisition processed \vith Purchasing, Compensation for all services and expenses cannot exce"..d $90,000, and work orders issued by all County agencies cannot exceed $500,000 åurina the term of the contract. PROFESSIONAl ENGINEERING SERVICfS RA TE SCHEDUlES 16 G 1 Labor Caltgory Johnson WMO&P HMA A88 CD&,., !wM8&P 91 Misce"a~us Princi~1 $115 $120 $125 $105 $125 $105 Engineering E nginœr , $58 $60 S55 S55 $65 $52 £ng~r II $64 S65 $65 $65 $65 $6{) Er.gioœr !J $80 $80 S7S m m 170 0...-.: SøeOOJisI 590 - E nginee- IV $92 $95 $93 $85 $95 $.'IS Engineer V $98 $110 $105 Engineering Technicians Er><¡. T t<:hrJdan $]1 $~O $35 $40 Eng. T echnid.¡11 " $J9 $50 $45 $45 Eog, Technician "' $44 $55 $52 ~, T echnk:ian ri S50 $60 ~"2' T "-,,".~i4f1 V $55 Eog. T,-,MOan VI $68 SUe S~I $55 $38 Survt:yOfll $65 $65 H8 SurYe)'Ol' III $72 $75 $55 $70 $54 Sur.eyorri $82 $85 565 $80 $70 Sur;eyor V $97 $80 $88 $90 T tcMidan $35 Survey Tech I $31 $~5 $40 $40 $28 Survcy Tech II $39 $55 $~5 $45 Survey T cch III $~4 $50 $50 Survey Tech ri $50 $55 $55 Survey Tech V $55 $urny Tech VI $65 2 man crew $85 $85 $80 $70 $70 3 man crew $96 $95 $95 $80 $80 4 man crew $106 $95 $90 Enviromental E,oIoqistl $45 $50 EcologisJ II $55 $65 tcoloQist III $68 $75 EcokJ<¡lst IV $75 $85 Ecologist V $95 $100 Senior Hydr 0100151 $100 Computer Aided Design (ADD T cchnician I $45 $50 (ADD Technician II $60 (ADD Technician III $70 $85 COlIstruction Mana~rs Const. Manaqer S95 $95 $100 $70 Conlrac1 Administrator (P,E.) $75 $100 Conlrac1 Administr¡¡lor (P.t,) 555 $50 Const FIt'Id Rep. I S3S $40 Const. AeIc1 Rep, R $45 $45 ~!. Fiefd flep. iiI $55 $50 ~.....~.....~~--,---_....-..- -.-... -_._._..~,- -'~-"''"-''''''-'._~'''---'- Q..ERK [f alRTS fIN . I f?X:941T(46179 ÀlJ 31 '97 9:55 Po 021\15 " , . . i WD..SON . MJ.l,Ll!R . BARTON & PEEl. Die róG 1· m<13iP PROi'ESSIONAL RA'f1: CODS SCJUWtJLE Efl8~tiv. OctQber, 19'1 PBLICAN }JAY S'2llVIC'E DlSTUCT t ~ ~ BAn mill. 1001 9',ineer I !52.0Q HR 0 ,/ ¡002 Engineer II 60.00 1m 1003 Enqineer :III 70.00 HR 1004 Enginee.r IV 85.00 HR 1005 Enqineer V Principal 105.00 11R ' 1006 Permit Specialist 70.00 KR 1007 senior p~it specialist 85.00 HR 1009 Environmental Tech/Biologist 60.00 HR f 1010 Expert witness/PoE. 200.00 HR l 1011 Engine.er'Tech I ' 4(50 00 HR ¡i 1012 Engineer Tech II 45.00 HR ,'. Engineer Tach III ! 1013 52.00 HR 1019 Planner/I,. Architect I 35000 HR I. 1020 Planner/L. Architect II 50000 HR 1021 planner fL. Architoct III 65,00 HR 1022 Planner IV 80.00 H1t 1023 P )..annat' V Principal 105.00 HR - 1 - ir-3 9\ '" Ip _.> .,...,..-...."..-..-..---. Q.£RK (f' O1.RTS FIN Fax:9417746179 . f ,¡ ,. -i- WILSON. Mlu.ER · BARTON'" pEE!(, !lie. ,) . . L, ÇQ.IDi . 1024 1026 1027 1028 1029 1030 1031 1_1032 1037 1031J 1045 1046 10n 10-48 1049 1050 1051 L. Ju~ 31 '97 9:55 P. 03/C5 1~' j WMD'P PROFEgSION)L RATE CODE SCKEDOLE Effective ooto~er, 1991 PELICAN BAY snv:tCB DIS'fRIC"r I):'nlt !Afi 1lliIï Landscape Architect IV 80.00 HR . Landscape Arch. V Principal 105.00 HR Expert witn4SS/Planner 200.00 HR surveyor I 38.00 HR surveyor: II 48.00 HR Sut"Veyor III 54.00 1m surveyor IV 70.00 HR surveyor V Principal 90.00 HR EXpert Witnass/P.L.S. 200.00 HR surveyor Tech 28.00 . HIt Computer specialist 60.00 HR surv~yor Tach E><psrt witness 100.00 HR computer op.r¡.tor I 24.00 HR Computer Operator II 32.00 HR CQ"JI:.puter operator III 53.00 HR En9ineer/~alyst 1Q.00 HR cadd Manc.ger 85.00 HR -2- r "" [MOA ITD.I I ~u~~ - .... 0 trV-~~~·-" ·~.s..,..~rJ"~-""'·.I. .. a.J::RK IT a:urrS F1N [ax :941'7746179 AI". '/' "1!p" _ WlLSÒN . ¡,nun . BA&TOK .t pEfI., me. ......~. .Àll 31 '97 .-: :) 9:56 P. 04IC6 ~ -#oy,:",:"_. ........ 16G ..... ' 1 ! WMÐ'P 'PROFE5SIOm.L RA'rE COD! SC1IEDULE' Effeotive october, 1991 PELICAN BAY SERVICE DIS!lRIC'r ~~ ~ RMl míU 1051 Drafter 30.00 HR 1059 Dratter Senior 40.00 HR l'r,,~ Records Tech 11.00 HR 1074 clerical 30.00 JŒ l084 Ad.....in. ¡ contrac't Review 1!S.00 HR lon 2 Mè1ß Field erew 70.00 HR 1091 3 Man Field Cre.., 80.00 HR 1093 ~ Man Field Crew 90.00 1m 2408 cons t. MgJRt. Clerk. 30.00 HR' 2406 Const. Mq1at. Field Rep 40.00 HR 2409 Contract' Admini~trator 50.00 HR 2401. construction Manager 70.00 HR 2&100 Canst. Mgr/principal 100.00 HR L. . - ) - ~f:..~"Z ~o". tc\ -..J r .:...¿. PI. ¿" . --···..--·""'--_______......~wr..'\p".,.. _......-. . WRK [F a1.RTS FIN F'ax:9417746179 ~ '.'. " - 0. , L, ~ 1143 1144 1153 1154 11.55 11.56 . .; t~57 1158 1160 1Ì6J .csp:2550 . L, JuJ 31 '97 9:56 ,'b. P. C6IC6 "I; WIl.'SON . M1lL.ER. . BARTON A. PfEX., mc.' IbG 11· RKB'P paorESSIoHAL RATE CODB 8CHEDULE Effective october, 1"1 PELICAN BAY 8EIVIC! DISTRICT .nI1.t IAn 1mU Monuments 12.50 : ofY ~^_Xß III (.\~~vr SF Y f3U EA Tr8ttic counter/Day' 35.00 f /'JD . :20 Vehicle 1"ravol Blu~ Line Prints Xerox Copies . :.20 ,Sftpia/Hylar Printlnq X.rax 2510 - Band 1.65 SF 0.70 S1" Xerox 2310 - Vellua 1...0 SF Contract Caaputer Service 50.00 HR Deliver¡ to Gvat. Bld9S./Trip 2.00 EA. - .. - fJI~f\ ....7 - IbG 1 t. ENGINEERING AGREEMENT WILSON, MILLER, BARTON, SOLL & PEEK/PELICAN BAY IMPROVEMENT DISTRICT THIS AGREEMENT made and entered into this -1litday of January, 1987, by and between the PELICAN BAY IMPROVEMENT DISTRICT, a public corporation organized and existing under the laws of the State of Florda, hereinafter referred to as DISTRICT and WILSON, MILLER, BARTON, SOll & PEEK, INC., a Florida Corporation, herp.inafter referred to as ENGINEER; WIT N E SSE T H: WHEREAS, the DISTRICT desires to employ the ENGINEER to perform general consulting services involving en9ineering, surveying, planning, enviro""~ntal management or penT1ittinq, financial or economic feasibility studies, water and sewer utilities, water mana9ement facilities, street lighting facilities and other infrastructure and civil type projects for the District, as defined by Supplemental Agreements; and WHEREAS, the Engineer desires to provide such professional services in accordance with this Agreement; and WHEREAS, the Engineer shall serve as the District's professional representative in each service or project to which this Agreement and any Supplemental Agreement applies and will give consultation and advice to District during the performance of his services; NOW THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of thfs Agreement, it fs mutually understood and agreed as follows: 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the ENGI/fEER to the DISTRICT will be that of a professfonill consultant, and the ENGINEER will provide the professional and technical services required under this Agreement and any Supplemental Agreement in accordance with genera lly accepted eng1 neering pract fees and procedures. II. PROFESSIONAL AND TECHNICAL SERVICES It shall be the responsibil1ty of the ENGINEER to work with the DISTRICT and apprise it of solutions to engineering problems and the approach or technique PAGE 1 OF 4 "'.-.,---".......,---,,- --.-.- .._---- --_._-~ --.-...---........ . " 16G 1 to be used towards accomplishment of the DISTRICT'S objectives, as authorized by Supplemental Agreement. The scope of services to be provided to accomplish the DISTRICT's objective shall be set forth by Supplemental Agreement. III. SUPPLEMENTAL AGREEMENTS A. The ENGINEER will, upon request of the District, provide any and all other civil engineering and planning consulting services as such services shall be authorized by Supplemental Agreement. It is understood and agreed that if such additional services are requested, then this Agreement shall be considered as a continuing Contract with respect thereto. B. The Supplemental Agreement shall include the scope of work, compensation, project schedules and any special provisions or conditions. IV. GENERAL CONSIDERATIONS A. All original sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the ENGINEER'S services under this Agreement shall be the property of the 01 STRI CT and will be reta ined by the ENGI NEER. Upon request, the 01 STRICT will be furnished reproducible copies certified and sealed by a registered engineer of any of the above documents at the cost of reproduction. Where documents are required to be filed with governmental agencies, the ENGINEER will furnish copies certified and sealed by a registered engineer to the DISTRICT or Governmental Agencies upon request and at no extra cost. B. The DISTRICT shall be furnished one (1) set of certiffed. reproducible copies of record drawings prepared by the ENGJNEER, in consideration of which the DISTRICT agrees that the ENGINEER assumes no responsibility or liability for additions. deletions. changes or revisions which are made by the DISTRICT without the express written approval of the ENGINEER. C. The ENGINEER shall at ail times carryon all operations hereunder, worKman's compensation insurance, professfonal liability insurance. public 1 fability and property damage insurance, automotive publ ic 1 iabil ity and property damage insurance. D. The DISTRICT represents that it is a political subdivision of the PAGE 2 OF 4 ,...".,...~, ~._~_.,"..- .~,."',-_... IbG 1 " , State of F10rida with the authority to engage the professional service outlined in this Agreement. E. The DISTRICT and the ENGINEER each binds itself and its successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of such other pa rty, in respect to a 11 covenants of th 1 s Agreement; and, neither the DISTRICT nor the ENGINEER will assign or transfer their interest in this Agreement without the written consent of the other. V. COMPENSATION Compensation for services provided by the ENGINEERS pursuant to this Agreement and any and all Supplemental Agreements wl1l be pursuant to the range of hourly personnel rates outl ined in the COMPENSATION SCHEDULE contained in ATTACHMENT A, attached hereto and made a p,lrt hereof. This first range of rates will be effective upon execution of this AgreEment and remain in effect until d new range of rat2S is requested in writing by the ENGINEER and approved by the District. Provided, however, that the ENGINEER shall not require a new range of rates more than once in any calendar year. VI. REI~IBURSABLE EXPENSES The DISTRICT shall reimburse the ENGINEER for all out-of-pocket expenses directly chargeable to the project, at actual cost incurred. Such charges shall be itemized and included in the monthly invoices for time charges and shall be submitted and paid as provided for time charges. Typical reimbursable expenses include travel, lodging, meals and travel expenses when. traveling In the DISTRICT'S behalf, outside of Collier and lee Counties, identifiable cOllmJnication expenses, identifiable reproduction costs, computer machine time charges, survey suppl ies, and special accounting expenses not applicable to general overhead. VII. PROHIBITION AGAINST CONTINGENT FEES The ENGINEER warrants that it has not employed or retained any company or person, other than a bona fide employee or sub-contractor working solely for the ENGINEER, to so1icit or secure this Agreement, and that it has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee or sub-contractor working solely for the ENGINEER PAGE 3 OF 4 1 b G 1 " any fee, cOrmlission, percentage, gift or any other consider'atfon, contingent upon or resulting from the execution of this Agreement. VIII. TERMINATION This Agreement may be terminated by either party by th1r·ty days pr'jor written notice, in the event of substantial failure to perforio in accordance ~dth the terms hereof by the other party through no fault of the t~nnindting party. If this Agreement is terminated, the ENGIN!:fR shall be pa'1d in .aCcordMce Hith the provisions of this Agreement for aTl work performed IJp to the date of termination. The DISTRICT shall have the ri~ht to terminat~ for convenience or suspend the ENGINEER's services at any tIme by thirty (30) days written notice. The ENGINEER shall have the right to teminate this Contract at the end of any work element by sixty (60) days \.\'rftte.. notice. In the event of such termination or suspension. the DISTRICT shall pay to the ENGINEER compensation up to the effective date of termination or suspension and shall not be liable for any other claims or anticipated profits for work not accomplished. IN ¡UTNESS WHEREOF. the parties hereto have accepted. made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. ENGINEER: DISTRICT: Wilson. Miller. Barton. So11 & Peek. Inc. Pelican Bay Improvement District . By ATTEST: ~ /~ , '{;7~~//4L- Thomas Peek, P.E. (SEAL) (SEAL) 01/11/.7 14:15 -.: .,. . -~ ---...- --._,...~~.-w'It... "D"U,4 8~ZO JOIINSON mfG. IbG JOHNSON ENGINEERING, INC. FCRTWYERB ~ fÞOf¡.T~ ZIœ .JCHI"æCC'C 8TÆE:T' """""''1NI1MS1 ~ 1IJ..K:CN!Jt &N¡1 &'JiIIaiØt P08TomC£8OX tl580 fORT MTJ;R$. '-LORlO" ~1!HI -...-- -- L RA TE SCHEDULE CROSS REFERENCE Omit L Omit ~ FORftf(ST H.. 8ANKS R r-. Ð'ÆVEH K. IoIOAMSON ~ CARL A. BARRACO CARY R. IIULL DAN W. DICKEY .JOSEPH W. ItIll.U!Jt AftCHE T. (¡IRAHT" At. IŒHTON R. tœlUNC¡ W. DAVID xe:v. JR. .. .AnT POM&¡ROy AHDRE.W D. T1LTON KEVIN ... WINTER -- STEVEN L. P'OftD fIIIQ"RIQA Ii. HE.WTON "ARIe G. W~"T%EL ~~LSON ~ !:iURVEYOR5/.NO ~c:ol.OGkC;¡S JtAn~u l!l/«.tIu./saw ~ lØ7 .1'R.flI~ON"u. SEllYlCES ~Vl $ 115.œ E"cr Hoar' ~v S 91..00 Par Hoar ~rv $ 9::z..OO Pw Haw ~m s 10..00 Pw Haar r~II s 6UO Per How ~ttl S SI.DO ~ Hoar- ~Tccta:li:ia ~ J A.IJO Pw na. ~L ..,...('13~~V S 35.00 hi' Ho.8' ~~T"''' LkilDIV S ~ PeT &ar &d'-", T...I..I....., m s «.00 Pw aa.r ~-Jac'þt-'~D s :J9.oo Pu Hoar ßqf:øearfn¡ T~J¡ I ~ .. t S 31.00 Per Hoar . Sarnrwa~v s 97JJO hr Hoar SŒwyac-.:dMløx:r IV s IJ.OO Pa'ac. Surveyor Bad Wtppar m s 72..00 ~ EXmr Sur"'1W_~ß S ß.OO Pu- u... ~-Va¡:pctI s ss.oo Fa HOIIIf "- Sam:¡ 1'cd1Idcæ VI S ~.oo PIlI' HDIIIr 5w'IIa.r T.... J.... 3. Joa V S 55.00 Per Kœr Satvny,T~lV ! so.oo Per m.: s..w1T""I~~¡;...lKm s 44..00 Pw Hoar kive.rT~n s 39.00 Per Hoar . ~Tr.dmäa t S 3l.OO f'l:t &a- Twu'" FWd PafJ s n.oo Pw &ar 1'br.:e)fa Piåd Pa1J s ~ Pr:.r Bow foq- Ma FWd hrt.1 S I06JJO Pw Søar {~- $102.00 Pw Baur P"JiiIZDG' S 12.00 ~Hwr FtqIoc:t $t;nbI n s KDD Pu- lice ~Senba 1 S 44..00 p.g. Ik.a:r ~~v S 9$..00 Pc;r Bœr ~1V $ 75.00 tw Hoar ~m s A.OO Per Boar ~n $ ROO hi' Uom- ~r s "'.00 Pu' Hour Eçcat WIIIaI S 144.00 Pw Hoar smDI ~TCDÚII:II S 1.00 P.-~ D!¡IdmrTamImit S G..7S ~ Mia ~T&rII:IÚBI $ 3..00 Per MiA TaIa1 SQdœ TccmbI S 03$ ,.. u.m. (~aw.s . ~+lcm " ÄLL 01"IlD 8.fr.D1CItS' ~ + 10% T~ cirar¡IIr IlIId grtSJd ~ .T...fWId i114Iðow rtaK. ___~œ........,......""'.....,.....""~WI.~.....-_"7_. ~-~_ i1 001 1 ,......~__...,...,.~.~~. .....--r___..... ....-....;:>__~ _ _.. ~~~·~'1Ó.~J::it"'~"14'''~'' -, II IbLJ 1 " .L ,I .~ II COLLIER COUNTY CONn~ACT NO. 95-2422 " FI:Å"ED TERM PROFESSIONAL ENGINEERING SERVICES WMB&P PROFESSIONAL RATE CODE SCHEDULE September 1.995 N Sept'WlW 1997 RA TE SCHEDULE ENVIRONMENTAL CROSS REFERENCE 1052 Environmènw Consultant I S50.0I) I HR 1053 Envirorunent2..1 Consu]tant II .65.00 I ßR 1055 '\ Environmental ConsuIt4U1t III 75.00 I 1m 1006 Environmental Consultant N 35.00 I HR 1007 Environmental Consu]tarit V 100.00 I HR 1054 Senior Hydrologist 100.00 ¡. HR '\ LAND PLANNING ~ 1019 Planner r 50.00 I HR 1020 Planner IT .. Omit 65.00 I fiR 1021 Planner ßI 80.00 I HR 1022 !'13lU1P..r fý ,,/ 95.00 I HR LANDSCAPE .....RCBITI::q 1121 Landscape Architect I 48.00 I fm 1122 l...an~pc Architcct II Omit 65.00 I HR 1123 Landscape Architect III 80.00 I HR 1024 Landscape Archi [Cct IV 95.00 I HR. ENGINEERING 10()] Engineer I 60.00 I HR 1002 Engineer II 65.00 I HR 1003 Engineer III 80.00 I J.rR 1004 Engineer IV 95.00 SENIOR MANAGEMENT /EXPERT WITNESS 1005 Principal l ]20.00 1125 Expert Witness - G-..ncT:11 150.00 1126 Expert Witness - Quasi-Iudjc~ Omit 180.OC 1037 E.-q>en Witness - Judkial J 200.0< SUPPORT PERSONNEL 1131 Tech.rúdan 35.01 1011 CADDrrcchrJcian I 45.0 1012 CADDrrecbrJcia.n II 60.0 1013 CADDrrechniclan III Survey Tech I 70.0 1132 Field TcchrJcWt I -45.C 1133 Field T cch.nician n Survey Tech II ~5.{ 1130 Computer Gzaphics : " 70J 1051 Computer Specialist: 80.1 1074 Word Processor/R.ccQrds TcchlÚcian 35.' 1075 Acf.mjnistrativc A.~i..'\tan( -40. EXPENSE ITEMS 1140 Off-Road Vehicle Omit 105.00 I DAY 1141 Boat &; MOCOr 30.00 I HR. 1143 Col'.cn:tc Monuments 15.00 I EA 1144 Tr-.dfic Counter -40.00 I DAY 1153 Vehicle Travd .27 I MILE 1154 Blue Line Prints .95 I EA 115~ Copies . .10 I EA 1157 BondlVeUum Copies .55 I EA 1156 Mylan 9.00 I EA - M/tS.W~ '-ÐDo.oI..co.Ð>SA -~ ...........--.._--,......,..~--"'_.~.~-, .-..-. v....". W<k 1:=5 ........... -........... ~ fit,................ .......i. J L ... 81/81/1954 0Ø:1B 94164.36682 WIu:n~ MIu..ER 1 b (j 1 : 3(,ð'32- ?~g3S 1a.Apr.96 09:3S ~ , 1/1\ s,,"," 1 U.r,krun & P..-IL Inc. CWNn SV\tvutWG SOVICU Scl\,ur~96 . Cty Clint 9}-2G4Q RATE SCHEDULE CROSS REFERENCE ,"": Þ 1£.aJ)£ DES( ...-=-.....__.........................E..ß.~........~~:::................r.........:.············:···········..····&&............... um 'jlpal. ' 120.00 hr Omit '012 c <.(,181'1 II 60.00 hI' 1013 c.ø1IT.,cht\; cI an I \I 70.00 hI' 1m Ilb-~ltent 0.00 .. \0l9 Sur-rvr II 6S.00 hr UßO Survcyor III 75.00 hI' HI11 SUl'VtyQI' I v as .00 ,,, 1OS1 (.-put«r SpKlaUst aD. DO hr } Omit 1014 Word 'rouuo,.,ltKOná Toe" )~.oa IIr 1~ Z Person fl.ld crew as.oo IIr 1091 3 './'$OR flel.d CI'~ 95.00 hr \\40 Off-'~ ...~I,\' 1In _ 00 111'\ 1U\ 'Mt " Mator 30.00 hI' l1U Conenlt. ~tI 15.00 .. :' "" Tr.fflc: tÄ1U\tcr '0.00 u "" ....tIlel. Hewl 0.29 .1 11S4 Ilue Line Print' 0.95 .. USS Co9I.. 0.10 , .. l 1156 "VI en 9.00 .. \..... 1151 ~ll\a COfIin 0.55 .e t' Omit 1ZZS ~~Itant 0.00 .. i \m ~·c:tnlWlten\ 0.00 .. I \400 Interest OIer¡e 0.00 \ 1114 1 ';z;t 0.00 " \441 Cr IS' 0.00 IIr 140\ Tr....fll1' ,~t 0.00 14G5 .et. COdo Uj",~t 0.00 14M " ,AI_Ud aT credit 0.00 .. i JOQO ,n,.fer dlut" 14\ aHl.ed 0.00 .. / '0000 T 1'.... f at' 0 t 0\.N'fCI 0.00 / , ,* ..f.,.,.. Odf'~t 0.00 .. // FEE UNt T ___&__..................................~----......_..._._.~.........~r:~................r:~::::za.........·.········z.&aa.. ... . .-.- -' - - -- - --- J'tIø1O . ~~ 'TIRS ",.TIO: 31 7-"1-$0 ~ r... . I J' --- _.~_..,...._-.._...------_.",-_._---- . f' . . Hole, Ì\-Iontes and Associates, Ine. ProCessional Fee Schedule Date: September 12, 1995 1 bb 1 RATE SCHEDULE CROSS REFERENCE Classification Engineer Y (principal) Engineer V Engineer IV Engineer ill Engineer II Engineer I Engineer Tech IV Engineer Tech ill Engineer Tech II Engineer Tech I Contract Administrator (principal) Contract Administrator(P .E.) Contract Administrator Construction Field Representative III Construction Field Representative II Construction Field Representative I Planner IV '\ Planner III L Planner II J Planner I Surveyor V Surveyor IV Surveyor III Survey Tech IV Survev Tech III .. Survey Tech II S urvey Tech I 2 Man Survey Crew 3 Man Survey Crew Technician ill ~ Tech.nician II Technician I S ubcontractor.s Out-of-pocket Expen.ses Mileage Concrete Monuments Permanent Reference Monuments R~e S 125.00 per hour $110.00 per hour $ 93.00 per hour $ 75.00 per hour $ 65.00 per hour S 55.00 per hour $ 60.00 per hour $ 55.00 per hour S 50.00 per hour $ 40.00 per hour $ 95.00 per hour S 75.00 per hour $ 55.00 per hour $ 55.00 per hour $ 45.00 per r. $ 35.00 per h $ 90.00 per h, $ 70.00 per h( S 60.00 per he $ 45.00 per ho $ 80.00 per ho . $ 65.00 per hOt $ 55.00 per hOl $ 55.00 per hou S 50.00 per hou S 45.00 per hOUl $ 40.00 per how $ 80.00 per hour $ 95.00 per hour $ 38.00 per hour $ 30.00 per hour $ 25.00 per hour Cost~ ~ ú:: Cost~ ~,,~...Jl.. y~ $ 0.29 per mile $ 10.00 each S 10.00 each Canst. Mgr. Omit Omit 'Ihi:t F« Sd.\:.dale 15 dfedivc fOl <She ,UNfltm date of Å&!"ccm.B.... (HL "T Po. 0 ¡HI fuNOU BAF~ER & BRUND.AGE. JNC. Profes.Åooal cnginc-cn. ptannas & bnd sutvq'OCS SCII1tDtJU A RATE SCHEDULE· EFFECTIVE MAY 31, 1995 RATE SCHEDULE CROSS REFERENCE mñcipaI E ng i nee r I V Engineer III Engineer 11 Engineer I Registered E.c1gineer/Principal Sr. Registered Engineer Registered Engineer Sr. Design Engineer Dc.sign Engine::r Sr. Tr:msport.ùion Engineer Technician Administrative Planner Certified Planner Project Planner Project Ma.l'Liger (P.L.S.) Project Marutger (p.E.) Registered SurveyorlPrincipal Sr. Registered Surveyor Registered Survcyor Technician I TeChnician II Technician III Technician IV Two Man Survey C~W l11l'ee Man Survey Crew Four Man Survey Crew Five Man Survey Crew Iksign Drafuman Draftsman Clerir..at I Clerical n Blueprints 24 x 36 Blueprints 36 x 48 Mylar Sepia. 24 x 36 Mylar Scpia 36 x 48· Copies 8-1/2 x II Copies 8-1/2 x 14 Copies 11 x 17 Aerial Target 6' Aerial Target IT Ground Aerial Target 12' Road Mileage 4- Wheel Mileage Rcgistm:d EnginccrlExpert Witness Certified PbnncrlExpert Witness . Rcgistm:d SurveyorÆxpert Witness Manager/Expert Witness. "'\ . . Omit Const. Mgr. Surveyor V Surveryor IV Surveyor I II . Omit Eng. Tech II Eng. Tech I Omit \ Ibb 11 S105.oo Hr. $ 85.00 Hr. S 75.00 Hr. S 65.00 Hr. S 55.00 Hr. S 80.00 Hr. S 35.00 Hr. S 95.00 Hr. $ 80.00 Hr. S 65.00 Hr. S 95.00 Hr. S 95.00 Hr. S 88.00 Hr. S 80.00 Hr. S 70.00 Hr. : S 40.00 Hr. S 45.00 Hr. S 50.00 Hr. $ 55.00 Hr. S 70.00 Hr. S 80.00 Hr. S 95.00 Hr. $105.00 Hr. $ 45.00 Hr. S 35.00 Hr. S 30.00 Hr. S 35.00 Hr. S 1.50 Ea. S 2.50 fa. S 15.00 fa. S 20.00 fa. S .05 Ea. S .07 Ea. . S .10 fa. S 7.00 fa. S 14.00 Ea. S 21.oo..Ea. S .2S Mi. S .sO Mi. $200.00 Hr. $200.00 Hr. $200.00 Hr. $200.00 Hr. -". ...... "'... ~,_~ '_..._._....___.....'......~..... ,.~___.;-....w.a~ :t CAMP, DESSER & MCKEE, INC. 16G 1 SCHEDULE A FIXED TERM PROFESSIONAL ENGfNEERING SERVICE EMPLOYEE HOURLY BILLING RATE SCHEDULE . ' COLLIER COUNTY SEPTEMBER 1995 RATE SCHEDlILEF CROSS REfERENCE Omit Officer $ 150 Principal As.sociateIPrincipaI 125 Omit Financia1lManagement Consultant 100 Construction Manager 100 Engineer IV Senior Engineer/Scientist 95 O&M Specialist 90 Engineer III Engineer/Scientist 75 Engineer I-II Junior Engineer/Scientist 65 Omit Designer 70 Cadd Technician 50 Const. Field Rep. Construction Inspector (Field Servi~) 45 Omit Clerica1/Word Processing! Admin 45 call.. t BI7 9n/9S -29- ,;' -, ." "'~._._~- IbG 1 AGREEMENT FOR PROFESSIONAL ENGI~ŒERING CONSULTANT THIS AGREEMENT is made and entered into this' ~6 day of /~~ ' 1995, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and Hole, Montes and -- As~ociat~ Inc., a Florida corporation, authorized to do business in -- the Stat~ of Florida, whose business address is 715 Tenth Street .... South, P.O. Box 1586, Naples, Florida 33939 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional engineering services of the CONSULTANT concerning work and/or the improvement of certain physical facilities within the operational jurisdiction, of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by O~mER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. WHEREAS, the consultant desires to provide such professional services in accordance wi th this Agreement;. and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: -1- 1 b lj 1 ,/ ARTICLE ONE CONSULTAlrr's RESPONSIBILITY 1..1. CONSULTANT shall provide to OWNER professional engineering services in'.all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this.Agreement and Work Orders prepared and issued by the O\iNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", which is attached hereto and incorporated herein. 1.3. The CONSUr.T~IT agrees to obtain and maintain throughout the period of this Agreement all such lic'enses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional sel~ices to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal. entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. -2- -- . " '.- ',_'/ ~_.A'i' ~ · . '" __ ')ft....~, ~ ~)iIIIL~\'?I[......,-.-. _.,,.,.,,.....~.,,.-.i~A_...~....__..~~, ". --------..... . IbG 1 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its' Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement and a Work Order. Within five (5) éalendar days from the Notice to Proceed issued by the Ov~¡ER to the CONSULTANT, the CONSULTANT shall deliver to t.'~ , I f , I the OffiiER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on a,ll matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the t-lork Manager, or any other personnel employed or retained by the Consultant, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSUIJTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in -3- 1.7. The CONSULT~IT has represented to the OWNER that it has 1 , I .. writing to be removed, which request may be made by the OWNER with or without cause,. expertise in the type of professional services that will be required hereunde~. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and£hall be in accordance with the generally accepted standards or professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of the conflict. l.~. CONSULT&~T agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents~ subconsultants .and subcontractors to comply with the provisions of this paragraph. -4- ---.- . ., ::-. .',.., ."""",: ."tWP.....,.,:. .~~~,~--......._---,-- ~-'")."""I"'I"'..-..,.~........_.,....,....,:'IIII'._~~-._..... ....~-~ _. -...-- . . "..-..,...,....... ,. ....:' \,.,'~: "j< ,J, ~.;"" ,¡, '1""'-. '-l_.~·;\'.,., ',\\: ~ 1 ''',,":¡rI: .~J _. 'r;~/'''' ....' '. '.,-:.'~,,' '{-'.~ ,":;":" \.... : "::'.! ~"d"·-'·("'\.'':' \·'Ù';.·~_.'~~f'':'\-.,,··...;\<, -';':' .:';~';j'''..::'.~''-' 1 ..~.,<,.," ','" ,'.."'l¡,..H...··I·r~i·\,.., "'f"I' '....~.~"..I,< ....'(.'.'.'..':..,.......,. .~, ~/., ~.. ,/.-",.., ,/' -', :.'}/.; J-;~.." ': ",'.:'v{· \::; .-',:.. 1~,. ; ~.~: ¡. ".;":. .~ \./~-" .\..t:·~-.~< 'j:;:'" ", ':) r! ,1 ,,'. ','. f.-\., \ \to- .,. Y :'~. ,\~'"" ,~:: ):~..~~'\ ~-.f).. . , ;':\' .j> '-.',.,' :(:<;.. , (,1. ~i~~: .',. .~,~. ~', : ~~,\ .. .:,...~., ( I.'~~"\~ . ':Y'-·- :,'?i.') '''~0 '~J'.:;~ ....;',,.. ~. ("".\ 16G 1 1.9. If required pursu,ant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER's work budget, professional preliminary opinions of probable total construction costs and professional detailed opinions of probable total construction costs. Said evaluations of the work budget and opinions of probable total work construction costs shall be in a form acceptable to OWNER. The evaluations and opinions åhall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services; (b) The professional preliminary opinions of probable total' work and construction costs shall be delivered with the completion of the preliminary design described in Scope of Services; and (c) The professional detailed opinions of probable total work and construction costs shall be delivered before the completion and delivery of the final Contract Documents to be delivered by CONSULTANT as part of the Scope of Services. .-:1' . '~:.~ . , ,~ ~. ~ f1,' '......1 . :.'. :).21 ,t ~', ~ 7-:, :tt.. ~:¡' ~:~" ~'~;, ....,. ...,... 1: ~..~'r-~ }'.."\ .;14.. ."'~~~~' .,:ì '~.),; :",,-¿,- .- ,~~! !':("¡- , ' . ,~(~t:·- .~~;{; t. \l~~:'/~ ~.~~~\. :~j ,~~, ~~S-;f ,~i~": ~"r;··~: i/'!.,~~ 4\ ~t' { ~ ~§ ~'t ~; I~~" :,.0 '.\1,J·'. :¡:\;¡,::' .~;·:~')~'f ~l~~·~i:.~ .:...,,\. j;'ï¿.', ' .,(J.... 4' 'c'·· \,..,,,. ~~~' rl)~"\, ,~Þ\\ \ jî \4J~'\ ~ :-': 1.10. Evaluations of the ommR's budget, preliminary opinions of probable total construction costs and detailed opinions of probable construction costs prepared by the CONSULTA2iT represent the CONSULTANT's best judgment as an experienced and qualified professional engineer familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or .~'~;~ ~ ,~ ....~;!'~ , ' "'~ '-', ,-..4." ,,~_. ',- ~~ ¡. ~, ~ . t, ~ . ,".,' -5- .. .' ',;' .)'.. .:.: .. ~ .~<' >~ - , _._._ ~OIII.",."...~.4!11í1.JI.. _. _,._v;M_III!I!IJ_,,-_""""_,....._~_-....,. ~"", -,-~'~,,---. ---- ....... ol ,,_~ :,f':·~·~'~t , t, 1\ II , . negotiated prices will n9t vary from any opinion of probable total work and construction 'costs or evaluation prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT šhall revise and modify Construction Documents and assist in the rebidding of the work at no additional coat to OWNER if all responsive and responsible bids exceed the detailed opinions of probable total work and construction costs prepared by CONSULTANT. Provided, however, CONSULTANT shall be entitled to additional compensation with respect to any such revision, modification or rebidding assistance rendered by CONSULTANT at OWNER's request, if the work was let out for bids by OWNER more than six (6) months after OWNER received from CONSULTANT the final set of Contract Documents and the detailed opinions of probable total work and construction costs. 1.11. CONSULTANT shall not be responsible for means, methods, techni~les, sequences or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors. ARTICLE TWO ADDITIONAL BASIC SERVICES OF CONSULTANT If authorized in the Work Order by OWNER, CONSULTANT shall furnish or obtain from others Additional Basic Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services, shall be Additional Basic Services: -6- ......__....___......................................,_. if... IbG 1 , " 2.1. Preparation of a~plications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparaticn of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3. Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the project. 2.4. Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of -7- lbG 1· . , feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and'evaluating processes available for licensing and assisting o~rœR in obtaining precess licenair.g. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONS~uTÞ~ hereunder. ',' 2.7. Services during out-af-town travel required of CONSULTANT and directed by OWNER, other than visits to the site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surFeys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. . 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a consultant ,or witness for OWNER in any litigation, or other legal or administrative proceeding -8- 16G 1 (except for assistance i~ consultations which are included as part of the Basic Services to be provided herein) . 2.12. Addi~onal services rendered by CONSU1~TANTS not otherwise provided for in this Agreement or not . customarily furnished in accordance with generally accepted engineering and architectural practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OrTNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work Coordinator shall have authority to transmit instructions, receive information, interpret define OWNER's policies and decisions with respect to CONSULT~~'s services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that'would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTÞ~ hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or -9- >- 1 6 G 1 I I (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULT~IT for payment for services and work' provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANn' as to 01iNER's req~irements for the work including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER's possession pertinent to the project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. -10- _..J'.,..........._~,~,~---" .~..IIIf!UII. __~r:-.~_.....,....,..-.,I_ --_._.,~-...~. ~~ 16G 1 I I 3.3. CONSULTANT aCknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the work and for'the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR AGREEMENT PERIOD/TIME 4.1. The period of service shall be for two years from the date of execution of this Agreement or until such time as all outstanding Work Orders issued prior to expiration of the two year period have been completed. This Agreement can be renewed for an additional one year perioà. Renewal shall be agreed in writing by both parties and approved, upon recommendation of staff, by the Board of County Commissioners. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from O~mER for all or any designated portion of the project established by a Work Order and shall be perfo~~ed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. -11- ~. ..' . ,__''',.-r::'.-", /'.tr,\.. -<~. ~íÎ_··"'·~':">"'~'."':,;~'~\",',-_(,,",:. ',' :':; .~~~1~";. :,:;~~?{.. '\:} ....'~' ~ _ 1...,_ t - - ~ I ,. . -:".,.;j .'/......, J < .. . .",,\..','" ,':.:.'. ·~/-". ':";'''", '1.,:',.: , t' " _ . ~\. \ ..: V~ " .'" "t ~-:. , . - ~ ~ \) , "If, )'" ''":.'':.~¡ .~;·f"¿;v"f>,..'< )'~. '. :~,..; ~j_~'!~<f,~:~,~~r~;,~.:'~~".«;" ~'i, ~;,.1:!)'¡ ..~~~~r.;.l; - '. f ~ - '~ ,\.. :;';1 ~ ,')á-. )!.,'\ ':"tl, .i.)"" "':..,( ".. ~~ ..,.\C> ~~.~,., 16G 1 " 4.3. Should CONSULTANT be obstructed or delayed in the prosecution or completion of ita services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, deemed to have waived any right which CONSULTÞ.NT may have had to request a time extension. 4.4. No interruption, interference, inefficiency, Suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed within two calendar years of a Notice to Proceed, the CONSt~TANT's compensation may be equitably adjusted, with respect to those services that have not yet been perfo~ned, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period. -12- . . ~~""I\"~·."r".._·;_____ ~ '~~M_-.<_.~~,.,.,.~"......, ' ......._,.~----_._.~-;._. J'. "I, ";l"t" (~~, ..~}: \~.'~' ::F. :.~'\' ~'- r-;I' ·~Jr·l· l~~. . :s~~ ¡"1Ii1 ~:Ìo;,' "~ ~~:, ,";I,. è:; .' ;.)',: .:t'" .~:~'. . <;.~\,¡ ......,"'. V':.,~: ::;~;~ ;~!~, '~'::~,j ¡_ :~~~'.t .. '.J;',', '~a~;' 'I"'''' ~;¿~~1;· ',r,~ ."..\ ,. ~"'J'..¡ ;ei.; >f'~;' -;:,1...., ~:':",,, ! 1,;if i·'.1 .~) //~,~ >.~'~ . ,I} '\'~; ~ t1"~ IA ~'t ç,~'~ :~./-'~¡. ..>r~ 'Y~~i (.;',', "."1:i; 1:- ;, ~~,~t:~.~ .;'-~·r,· ~ J.. ::-,~~. .~~~ .... ~,Il ...¡. ~·':f~~~" i-~' .~(:; ,;;~«~ ;( /<;,\, ~~~~~ i '~..¡.'.¡..J. ~.- . .);",/.} ~ -:ii ,~~ ~j, ,~:r" ~ :~> I,~,.~~ J., "';r /i~,t'\ ï;_~' '~, " " ;"". .. ',~. . ~~':?r;· ~7::~ ~<,~'~.{~:^},J.'( .\"",~~~\ t'~'/i.~/;'.(/\>\"", \::.~ ~ \i-: , \,_\~; ;¡'.~" i ~'~,~"~<~~" ,.....'... . , .....:~\ .:......... .. "p. ,}. i; ,t-..:.' ':' ~.f'\ ',f..\', . 16ß 1 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available 60 the OWNER hereunder, the OWNER at its sole discretion option may withhold any and all payments due and owing to the CONSULTAJIT until such time as the CONSULTAh~ resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER'·s satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in . Schedule A attached hereto. 5.2. Subcontractual services, if any, shall be invoiced by the CONSULT~7 at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSUT..TANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, -13- ,~ >¿1'-l¿~~ 'j I (,.. ~ .,"..'~' .~J '.' J t-II.. ...-.:<:,. ',' ...." ~> ~t ::~j "".~ ,. :,~,,, .'~~~: " "'~'~~ ,,'I -, ::,., ( "~;~I . :;b ~.',:;.~ », I.;".... ~~-. :..,.,' "'-"', " ...¡.. ~{~~~ . ,t. :~~r';~ ,;if, t~' ~. ....,... " 1,";: '::~\ .''t . ,"'i_c' ~ ;";".~{ ~j;"-(. : ¡if ì~1~\ -{ ...., ,~r ... :'~ ~ .... _c., 'r·....... ,..' .',"'> ;,iC\ ..·'~·~~-ï ~-:k I ' ,--. ..' ~¡.. , ;~ "~" I;,. 'f ~/ ,'j- :,.." .-, ~:h~:':: ~"o¡'.'-...'; ~{f~~ 'i{' :,';';"~ &;~: ,'., ':.' ~. ',. 1c ......",\ I,. )~\'~~- ~" ··-t: .... .' :', ,":- ,:~~':j~~ :it. '.,.; ~)t~~;·" , '-,~~:,~:1' )1,' " ;.;''~ ~ t'¡ ~'. ,;){:, : ,..,~. .. ' . ~~::~~~." ~ ," ,.,.;:h I~Y!·' ~~~},.. ¡, ~, \' _ _ ~ ~"'1fwø._~1I"I",~~¡'_~_Ir..._!l:\~.."...-~~.. 0.. . ._,"Si"'~ .._, . .___ -..... - ~ " -- - ..--....-- 16G 1 ,. Florida Statues, and fees paid for securing approval of authorities having jurisdiction over the Work Order. 5.3.2. Expense of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. ',' 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. , , 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable ~enses as defined in Section VI, shall be made upon presentation of the CONSULTANT's County-approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a . -14- -"''''~'''-''-'---' 1 6 G 1. .. generally recognized accounting basis and shall be available and provided 'to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or te~ination of this Agreement, all records, documents, tracings, plans, specifications, maps, evatuations, reports, computer assisted design or drafting disks and other technical data, other than working papers, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to ,damages incurred by CONSULTANT due to the O~ŒR'S use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other work unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraph 6.1. above, CONSULTANT agrees to pay to OWNER $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement. ARTICLE SEVEN l-1AINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting -15- ..e"_____"_.. -'_..._~- ~~. II IbG 1 documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a .minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULT~~ in consideration of $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement, shall protect, defend, indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all litigation Hnd judgments arising out of any willful misconduct, fees at all trial court and all appellate levels and all costs of losses, penalties, damages, professional fees, including attorney's negligent act, error or omission of the CONSULTANT, its incidental to the performance of this Agreement or work performed subconsultants, sUbcontractors, agents or employees, arising out of or. thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER its officers, employees or agents by any employee of the named CONSULTANT, or any subconsultant or subcontractor, or anyone directJy -16- · 16G 1 or indirectly employed py any of them. The CONSULTANT'a obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT's limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Oràer shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the types and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally,. manually signed by the Authorized , f I f ~ Itcprtlþtlntðtives ot. the insurance company/companies shown on the ra...· t- ~ F ~ '"'" e! ... 1"'1 .... '..u' t- " t' t " "1" 'i, " t "".) ...1 \,.. I.... ;.c \ ¡ :.;; ¡ : l' ,: '-,!," t - ~..... ... - t"'.... "-.... ~'j \... "" \.. ¿ 'tI c: thereof. Ìn addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written by registered or certified mail shall be given the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limit of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-insurance program carries by the omŒR applicable to this Project. 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. -18- .- ~i:.·" "'~'" :,'.., ¡:'/:','~ ,¡~"..' ,;.;1..\ ...../~' "~;..:>:..';~. · 1(....'·.~·tt ''-'' '. "4 f ~.' ~4~, ,Ii'-.. .,],:... . ..<t f ~r:'..,_ .J. ~~.. ...~}..(~.~ ...,',..... "~:'L'~':"\';:"'~\':"" ...:,=,',. ..1",,', ¡'-. f. ..., '':i,.;...., ..... .~'....... ~.\....!.~., ',,~.,..."", ."¡.~. ...¡," ....'y .~".,,:..,.'" . ¡. , ~ ,T\¡,\' ~"'Io .,",1 ,:",¡....!."., ". "c,..>.".-"i;'~·- ....... . ,_r.~,,~..' _....·:t,/~··( "~ ~X ,'':,¡~ ,.'~",X, ,\..Ih....:,·..~:"'.-: /':·'J·;}.:···£'f~~··.: .~..' ...,..il.\;...~.. :~,~ , ,~..,"".. ',... ..'r.,/' t ,," f .. '\¥.. ," ""M'........"jJ l ". '. r'", _.\'.:._~~ \.:~·~~:;t:, <;~./.-~'{~',,~,~ .~ ?_~::.~,}:~~~ .:~~.'; ~> ~.~. ',:i ;".(::.t.~ '·~·'!I~":~..~:J:~~ ! i ~ 1 6 G 1 9.4. Promptly after wri.tten Notice of Award is issued by the Owner prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits apecified in Schedule B entitled "Ìnsurance Coverage", which is attached hereto and made a part hereof. CONSUI,TANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types the limits specified in·,Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any work, performed herewith, renewal Certificates of Insurance and, if requested by OWner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. -19- _w....._ ...._...._ -.--......-. .,---. .J~~ ~~ . '.,\,:.1' .;'.;~ .......~ 'h"1; 1.}~~~ ¿~t·, ~~~~ .' ~ ""'4 ~ .:~q .7; -.'::- "'.><J~' 7 ~~,<~~ ,,<,.:r,-.: .t'I"'.~-;.' ¡<It'L/:', ,.'.1-.. ~~,!e' )'i.. .f \\>: ~w :;f"~ ','ow. ~ ~ "'\. .1,' ';' .~,~\- ;. ..... . J';J. ~~f " ", {( i",,' :~'S'; :.1'- '~ ~).:/ ìj~J "ó~; w' f;·'- ~ .;~,:: r."" -1-':,;\ \ -., '. r¿ ~.¡ ~~.;I ;:.; h'-t-"· .:{~~ ~ .~yl~ :~~~ 1.)"1" -~ :~~J' ·r'A~. '::{"" ,·.Ii" :: .~, ..~, /... hI:~'~'-'~ ;....1,;~, ''.is. '., ,~~-;t'~,,-:, Ii?' . >{~f ~~,~ "., " r?,? <. '''~/ '-;::~~..:- "''-i..-. ' ~ :;~~':. ~Ä.!': '...J~.~J ~ ''''J' ,.J':, ""_, >"'.~. ,~;:, ~.I"',.,'~ ~;;;;~ '.;. t ,).' :;,~,'= ~ ~y;<~, J:)~ ;¡; l.. J (¡,/~.¡ ;.':f. . t -0, y)~. "."'''} ...~, . (~~~"~ ~'~., ~,¡">~ ,_, -, .1 :<:1£ 16G 1 9.6. Should at any ti~e the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coveràges and charge the CONSULTANT for such coverages purchased. The o~mER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shail in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTA}IT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or ·right of action against the. OWNER beyond such as may otherwise exist without regard to this Agreement. -20- , ." t'>,.'t-t,¡.I.'f I~'_./-'I:\· ~\~' ·~,,~\',.\l~:. .'·,'t~·i,··.·,' ,.,'...~ ·h.,'.J~'· J".'J ':\j~...".' " - ¥' \ \ r \. ~ 1 .. ~ - 't t." "If' " ,.. "'I X .;'~. " " ' ,,·t ·...·,.·!...J,·I.~,tþo¥~. 'N-I"..:.;...~~'··'.6":,("."'...-"~,"JI '~'", ..·....t~ \ ~ ~,''','...'I', "~~ ..'" ¡:-:.~, .. '. . . <~. ...::~,.":; . ", I.'. .'..~'<:~~'. .;,..~..,' '~:,.,~.~r'..,..~; (~; ':J.},.; ." ." ¡ " ,""'~ .... h " i:' \ !, ~ ,1; /1.,- ,.)';l..;; -',..\', . :':,:;-7:\ ;"\ -;k ~;";~....!:t:~'·J~;,.;""J ;-3tf'-~::':"("¡'~'~~ 'f5" !'.'{. f'r; .}- . '.:;.~~ ,~' .:'~, ij. .,01-:" j:.:'. ",,,:!,,, ";';-il S~\~' \·~¡ti : 'r<,. Îf~" ':!' \- ~..~..'~ ~~~~-:¿~ (>f'if «~..~ .. r. '-"" :'&\' ~:~~ ;)' ..,;;~,. . .:';:' 16G- }' ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSµLTANT'S acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwis~ related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TtŒLVE TERMINATION OR SUSPENSION J'::'~'~': ~.>~~'. "~ ~ : ~ . 'Jt, ~. I'(,/. , ...< ~;I~,ì :,:~~,t '":,,-:;¡r ~~~F: ~~ '~:f\ , \<>t, ;j:,:~~ ~J\~' <1 " ~~~~~ ,~~~!r l~'\ 0-;; t:.~.t- ." ~;~. .~~~+~ '....,,'.. ;~;~: ~·t·:·> .~, ,'I··,... .~N: .1\.\\ f. ~ ......,. {;~~. ~~~;.:~ ~;"" ~~'~71: !~I)l~ ~~, t ··~;'f"" ;::i<:i 'i"~: ..:: .:. ,:~~".¡ '.i:~¿. i\.~ j., ~:;12 ::··11". ;-, ,.' \J ,"'l~ ':ël. ·.~I:;-": ," .~," .. ,~'I.? '~::j'~,1 ,.......,.{, '(::.l~ 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the A.greement within the times npecified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as,directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or Cd) f~ilure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other -21- " .;....\'.. .......___ ~___ :-,L .........-r _~~....~.~1"'I!r";."""'-....._r. .....4__.... , _.~C'__..<... --~- ..,---..-- :\ :~;~':} .. ..,.<If. '.~' -J< ~: ~-}~ ::, ~~~ 1,6 G 1 just cause. The O\iNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice. 12.2. If, 'after notice of termination of this Agreement as provided for in paragraph 12.1. above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not èntitled to the remedy provided for in paragraph 12.1., then the notice of termination given pursuant to paragraph 12.1. shall be deemed to be the notice of termination provided for in paragraph 12.3. below and CONSú~TANT'S remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3. below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause up0n seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery ë¡gainst OY&"ER shall be limited to that portion of the fee eal~eà through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULT~7 that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recover against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original paper~, records, documents, drawings, models, computer-aided -22- -......---. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS · ':;k~: ··:j;R/··j~~iJg(,~,flj·~~;1~J.i: .,.. .' ,··..~t . ,f',. ;,1:\ '.';. :',~ ..... ;:¡~! ,··..oJ ·"\.fI~. ,L'.'''- 'fl.":'" .'.Ç,<' (. >., '4) .~'" .,""" .4;;; (. " .¥; ';i ') :1:~\ , ,. t....' \' ~1';; .~:,. ''¡.'", 'If ,,~. ):d; ';~~~ ~}; I'; I.-I", :-:'k.i.\ "-""J, ~ ,~:,. ''''''..'"'' '. ~\ \ ' ~ ~.'.-:.. :r:.'r~ ::;;~ ~ ..'¥' . þ4...II:" '·/.L >"\.1 ~-1'. ...~fto ~~~, ~!f' ',",' :.~~,!'~ Ò\~T.~,::( 16G 1 :,..1_,.'.. .\....;,....,;: ~_;,¥.,~.t,~.....1 _..'. ,"_",:~:::.."_",_~:.\1~,::,,, 1~· ." ~ ~r.-"'~~". '-1- .~ '~.) , .. - , :..':.......', ,"':~:,":,',', ;.,~';",...,:..'~~~,\','< ,.- :' ~'*. . ,,: -~", ~\...,.."\~\'~ 1>' ¡-..... ,'. \.",:v· ... .<;¡. ~1. ,'.. . r.... .. " ~ '. I ~. ~2\""'~ ~'. ,.;:~.t-, ,\ ~:. l:~;. t''' 10 " .....'~"t. ~, ',,'\ 1\, . r'~~' ......j fi....\.--:')'\'\, ': 'J"':'f: J:').,. iI. I '\\., . IJ~~".. ~,!';..,.:¡ \ ." ¿..¡:',\. :~ v ~ . .... ....,.,/ . . , y &.. .._,; ~ ( design disks and other ~aterial set forth and described in this Agreement. 12.5. The "m'1NER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 13.1. CONSULTANT warrants that CONSUI,TANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement anå that CONSULTANT has not paid or agreed to pay any person, company, "':...'- corporation, individual or firm, other than a bona fide employee tJ';". .~ I " .: ':.\.~~' ,~t-"',. - '.... ~.:.,~ "'~ ¡ ~ .-=.,~ .:~: . .\'~,~\: '1: " ~ ...- ~) I( ~:':" ~: ,;, ~ :~" ~~. t .~> '!' ~ working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055(5) (a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In- ,'... - .~ . Negotiation Certificate, attached hereto and incorp?rated herein as Schedule C, stating that wage rates and other factua.l unit costs , ' ..' . ),~.) :.¡. ",,'1 ~. -23- ....: ,:., " }~.: -. '.,..,,\ ..'-~ "~!.: 16G 1 supporting the compensa~ion are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement was increased due to inaccurate, incomplete, or non-current wage and other factual unit costs. All such adjustments shall be made within one (1) year follow5.ng the end of th~.s JI.greem2nt. AR.TICLE FOURTEF.N CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be -24- _.~"~"'-""-'~""""""=""\'II'~-~'~~"-'~-"--~' -...----------+. _.- 16G 1 given by the CONSULTANT.to the OWNER shall be in writing and shall be class mail service, postage prepaid, return receipt requested, delivered by hand or by United States Postal Service Department, first addressed tò the following Oh~R'S address of record: Board of Collier County Comœisøioners 3301 East Tamiami Trail Naples, Plorida 33962 Attention: D!rector Office of Capital Project. Hanag«ment ARTICLE SEVENTEEN MISCELLANEOUS 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by th~ United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the fOllowing CONSULTANT'S address of record: Article. to the other party given in accordance with requirements of this 16.3. Either party may change its address of record by written notice Hole, Montes and Associatss, Inc. 715 Tenth Street South P.O. Box 1586 Naples, Plorida 33939 Attention: Craig J. Pajer, P.E. Director of Business Development 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. . Agreement or of any terms thereof shall impair th~ rights or 17.2. No modification, waiver, Suspenaion or termination of the: 17.5. The headings of the Articles, Schedules, Parts and Attachments ,," \ _' . . , ',"," . ,....~' ..~... . :.'....,.. ~...,. ,,' ....J." ..... ".-_\<..,f-~''''''. 1 -....,,1, " ,":':_ , " ,-t ,<'"I..-~' .,'.'.:t'. _:' j~':';~~"'~""~I/'( r~· 1if¡~ \.&...'#~~~ ,I. '~,J'. ¡.. ':r):~~\" r·'.··..'· t.o\~··· ..~''',;.' ";'J¿''''''!''\'''''''''~''%%' ,....." " .~.... ,,,;, : " , .J....¿::..!. :,',:'; l. '~- :'.:' ',', '[~. l' ...,J-'~; .. '." ~, ...... ,.11; ... ",. ..-"... . .~1. '", ,- <1. I.....'..... 'j '. ." -.' '. ._ft,~. "IJ~""'·'·,,:'·..f.,\,)I¡ ,~¡:.,,,,,.;.:c.,:..,,,. ¡"~rr-"" }'/',. ,v' "....\,. ,,',' ..'., 'I·~<\.·'·"·;'i";"·"'\~)·¡~·"\ ....~ : "';.; .:'~" " "."', 'I.,'·;".,,' ",j)··','.",.};;'.,J~··/r!. ';",,/ <\,.,'·\·V··/" :":''';;·'It'',";~:\'''·\~~\~:":- ';:'-/':::.~{\ f'\', _",..1, :~~ #""t:\;': -/-\ )0<:.\ \I~-.... ...... ".'''~ Ii..; "y., --:-:;,~/ ~ " -ç- : \'1"., ~~\:~~.~ )~~< /?:' ,(;"} ',~'I" .c,....... ~;~~ ~~J~~ ~ ·.,"'t~, ~}:~~ . ..... ~. , "'I' ':!-&f .;.;< . ~;~"r ~~.... :'':'1-- · ~>~\ '~.~; ·1 ' \1,'K . :;~~~" ,___~;i:3 ¡.V' '\~.~' ,..;,.~, ~.; ,,' '''1.~,' .~, '. 'Jt~ :¡\; ,Y" .;,,~ · " L~, ~tf /:,/ .,,'~.... ~..~~ .;~~:., :;f¥.:' :--~,;.. ~.~ ~~ :;'(l,.'~ .\ ',,~~'~ .;.} · :1r.: ::-I..~~ !~, -;'j.. ~;f~; ""';'i<':~~' . {~$ ;t./ '\~:~ ?~~.~. ,:;;-;.: I ":';i" ). <;:.~ .' ·'f-t~ ~ f~ 16 G 1 I .. ¡ , " "";-,-.'/rP,\ (~<.t'.~·.:'''·J..'':' 1..\ ...;' ,:_' . ~' t t i . ' :'I". .' liabilities of either party. 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of OWNER. \. " '. .'>. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the te~ns of this ;,-:,' i' Agreement. as contained in this Agreement are for the purpose of convenience . and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 34 continuously numbered pages, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or un~erstanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 1B.1. Unless otherwise specified, this Agreement shall be governed . /~\': if ~t·t! ~.r' ~ ~;;': ~'~.' d:·~· -26- ~~~~"'~,..~.~~......,,¡cs."""""áfMIII"."""'~~~"JII"I~'''''''''''''''''~~-'''--'''-~'--''''-''.----.--.. 16G 1 the laws, rules, and re~lations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state. court in Collier County, Florida. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA IN WITNESS WHEREOF/the parties hereto have executed duplicate originals of Agreement for Professional Engineering Consultant .......... Services the day and year first written above. .. <. , '. 'ATTEST: DWIGHT.~. BR9q<~ . ~: B'y:": . " ,. '. ". . , '.... . ." " . . !.":-, . A~·'·I. ,'0 Approved as to form and legal sufficiency: vJJ~/l,.ß/µ 0~ Michael W. Pettit Assistant County Attorney Witnessed: /" /A:/ /..:::.----- By...š.-...:::- . (Type name) : '\JObJLJl \In) ~:;-- (CORPQRATE SEAl..) BY:~ .....gETTYE . TTHEWS, Chai an F.2J~ r (Name of Corporation) Hole, Montes & Associates, Inc. By: ~ ..... (Type name): '1:íörg;:'u. öeraa.nson (Title) : ..:ifr", Pr..!CI:frJ....nt' -27- ~ i.r- _"'~ ~..r. .'_ ~m"__ ____._~......~__.__._ ___... .......~...._ ',JIIIIWf' ,. \.....} ~ . - 16G 1 " STATE OF FLORIDA CO~~ OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared (Name) ~Qr\:e He BeraJlnSOD well known tò me to be the (Title) (Corporation) Vice President and that he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, under authority-duly vested in him by said corporation and that the seal affixed thereto is the true s~al of said corporation_ WITNESS my hand and official seal in the County and State last aforesaid this 12 th day ·of Scpteaber , 1994. / / t.'~ Expires: :\p.QY ÞlJ~ 0fJ'1CAI. NOTAaY SEAL o ~ .¡o ~.::::, ar 'ó IUlONOA KYOfWAL5I:J :. ·il» (x»aGS5~ao.."L:')G1Jt - ~ a::1~ '1- ~W'\'~~ 0, F\.O 5Ð'T2!l.1", -28- SCHEDULE A Consultant's Employee Hourly Rate Schedule . . ~ -29- "J - ~ . " ': -'" ,~~, , "" 'i{0;"~,1~:':~':~\:: :::;~ ¡;' ", :'[ < .~~ ;" ": '~:" ;::·)~,f;;",t·':,~:.>:":"'/:'~:~": \,\ .~", ;,¡ ;' , .,-?,."I, "(,'.1,, \ . ,. "\' ' ," """',\' "'''-, ~~ , ·l:;{ ~:- ,;~", L:; .', ,.~, \:;.,,: ," .. ~-.\... .. ,',> ,~-::- ~:t '.' ~ :~-~".. ,J', .' , ....' , (I''':. <;- ,," ~,..~,:,,~r.~-; .\"\.x....~'~ ,,1 .h, C'~. ,..'~ \'t': - . '~.' r ::;'~~>\~.~~. ·.~~~t ',: 1-.: ~ .. ..~ "~ ~.~/~\~ : ~ .'.~ ':.... \' ~t' !~ :",~:~~,~,( ';_~~~t~1 Y::','· ,J ,"~ ..- -", .¡ :~~ "." t· "',. . ..". \.; ,Hole, l\-Iontes and Associates, IDe. ProCessional Fee Schedule 16G 1 " 'i,... I· Classitication Engineer Y (principal) Engineer V Engineer IV Engineer III Engiuecr II Engineer I Enginec:r Tech IV Engineer Tech ill Engineer Tech II Engineer Tech I Contract Administrator (principal) Contract Administr2.tor(P .E.) Contmct Administrator Const1llction Field Representative III Construction Field Representative II Construction Field Representative I Planner IV Planner III Planner II Planner r Surveyor V Surveyor IV Surveyor III Survey Tech IV Survey Tech III Survey Tech II Survey Tech I 2 Man Survey Crew 3 Man Survey Crew TedUlician III Technician II Technician I Rate S 125.00 per hour $110.00 per hour .$ 93.00 per hour .$ 75.00 per hour S 65.00 per hour S 55.00 per hour S 60.00 per hour $ 55.00 per hour $ 50.00 per hour S 40.00 per hour S 95.00 per hour .$ 75.00 per hour S 55.00 per hour .$ 55.00 per hour S 45.00 per t. .$ 35.00 per h .$ 90.00 per h, .$ 70.00 per h( .$ 60.00 per he .$ 45.00 per ho .$ 80.00 per ho .$ 65.00 per hOl $ 55.00 per hOl .$ 55.00 per hou .$ 50.00 per hou .$ 45.00 per how .$ 40.00 per how .$ 80.00 per hour .$ 95.00 per hour .$ 38.00 per hour .$ 30.00 per hour $ 25.00 per hour Cost~ ~ jíi? Cost~ 'f'\"~ .$ 0.29 per mile ? $ 10.00 each .$ 10.00 each .~I .> ...... :'-1 \':,/;;'" -;.:_' :.:'~> :':(~..,>;~ ',: ',::y;'ë~ "': ¡ ',;-'. --'~. .' ',. Date: September 12, 1995 . " . '. Subcontractors Out-of-pocket Expenses "'.:'-j ,~ , .:. .t-:, "v:".<!; ~¡l ~~.~...¡ I) ~ ~I~~~ .. l......~. ¡,,' t ~_ 't..' .' (T--:' .c__~<t, , '!(i \~ < ,,:~~ , {;-z! ~I" ·,;1~.0 ,..-r .... :j;;~j: ': ~~~;.,!~::\ '1.1 ''''''''' ,~",'-,..".,. --t ¡<!..~t~: ~__..'" I- ·.....t· ;1N:f " ';,' :l~::)'¡~ l'",ch ~~j~ ,"~.,:/'~ :':-1"::; .~ ).;..:.....y~. 'to J ~ '. ,)~:~~,; ('..'~~- ';-'>;'1 :~fi , ' , I' ' "/:~.:":'--':, ,\t,t ':'~ i,A') i.-r'·: c .:;" \ ~ ~ '/' " ' ~"'":¡~ .... . ... ~ ~ '~.'J~' .~ e,;:' ~~, > IIi! '..' ~ -- j : -- . '.L'.~ .~ ,. ,', " ~:'/-~\~;1> /; -:~ ';,,'~,~/ , ..~!':".: " . :Y;~~~I .~; ',tí:;,;:¥~ Mileage Concrete Monuments Pennanent Reference Monum~nts ~fi~~~~tivc fðr ðD'~J'CU frnm date of A:!'Cc~ (hL "'T ~ \) ìf.V ~~..~-~~.,.- .--....,...."...,."....~_...--.._* · , : ~ ','.': ':<' ',;::; .:';,y:: \ :..'ž, ;.>.:' ;.(; !,~,/1;:~: ' '. ' :' ,: ",:, ,;'~ >'~:',{, " > :'- '" ,';~, ':, i':. .'. ", ,.., ,~ ')',~ ~ f·" '" \, ~ ,I <. ~¡ . J \ ¡.. '< ;) '\ \" \ 'I... . \ :.... . ,:.- " - " ,'.' :' .\ ,.1'",' !', ,","" ," " . ,'; "~, , . ":C'''.' \" .' ", I '.' 1 6 G l' -30- SCHEDULE B INSURANCE COVERAGE The amounts and types of insurance shall conform to the fOllowing minimum requirements with the use of Insurance Service Office (ISO) forms and endorsements 'or broader where applicable: I. Worker's Compensation and Employers Liabilitv Insuranç~ shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement, in' accordance with the laws of the State of Florida. The amount of such insurance shall not be less than: Worker's Compensation - Florida Statutory Requirements Employers Liability - $100,000 Limit Each Accident $500,000 Limit Disease Aggregate $100,000 Limit Disease Each Employee against the OWNER. The insurance company shall waive its Rights of Subrogation II. Commercial General Liabilitv Insurance shall be maintained by the CONSULTANT. Coverage shall include, but not be limited to, Personal Injury, Contractual for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Personal Injury Coverages. If the CONSULTANT provides any construction work, it must also include Products & Completed Operations, with the Completed Operations Coverage maintained for this Project for not less than five (5) years following completion and acceptance by the OwNER. Limits of coverage shall not be less than the following for Bodily In~ury, Property Damage and Personal Injury Combined Single Limits: "".L- _ _...__..____.... ~ __~._. 16G 1 General Aggregate $300,000 Products - Completed Operations' Aggregate $300,000 Personal and Advertising Injury $300,000 Each . Occurrence $300,000 Fire Damage (Any One Fire) $ 50,000 Specific 'Project Aggregate Limits $ Same as above The aggregate limits shall be separately applicable to this Project through the Use'of the endorsement attached to the Agreement as Schedule C, which is incorporated herein, or its equivalent. If the General Liability insurance required herein is issued or renewed on a 'claims made' form, as opposed to the 'occurrence' form, the retroactive date for Coverage shall be no later than the date of this contract and shall provide that in the eVent of cancellation or non-renewal the discovery period for insurance claims (Tail Coverage) shall be unlimited. Liability Limit Each Accident III. Susin~s~ Auto Li~bilitY shall have minimum limits of $300,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. IV. ~~ofessional Liabili~y I~ran~ shall. be maintained by CONSULTANT insuring its legal liability arising out of the performance of professional services under this Agreement. Such insurance shall have limits of riot less than $500,000 each claim and aggregate. Any deductible applicable to any claim shall be the sole responsibility of the CONSULT~VT and shall not be greater than $100,000. CONSULTANT -31- .... "'., -"_~".,,,. '_'I!OIZ'7'I"I?,ft_._.~_....._..... It " must continue this Coverage for a period of not less 16 G 1 than five (5) The CONSULTANT years after completion of its services to the OWNER. shall promptly submit Certificates of Insurance providing for an . unqualified written notice of any cancellation of Coverage or reduction in limits, other than the application of the aggregate limits provision. In the event of a reduction in the aggregate limit of any policy, the CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. The CONSULTANT shall promptly submit a Certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the OWNER. -32· '~~ønÞ~..~_______..._ " SCHEDULE C INSURANCE ENDoRSEMENT . . -33- -~_._- 1 6 G 1 ~... ...,..... f. "-, t~ L,./_',... "", ""':-~""f'- I-..c '~.,' .A ",,' _, ',.,0', ," v' '~'" ~'f' ; :-h\~:AI.'",,:;,''''''''''>'i-' ~.'/~"'Þ"ì'I/};· H1" ::,.'>h~""¡14:""'t"',,Jj¡~'wlt,,:"lrÆ~,r,~'j~'<¡:J.:;''¡;,.~', ¡~~\"'J'I""~~.".:.,,, ',..'..:; ~ A.~",\,~l"'1 ¡'....'i' \. ,"-'" 'id':\,,,,-' ""' "~ " ,.:\ ,,' \,:<". ,,'C' ~¡-, 'C~ ..\p'.... ,.-i1~, .. '..-" ¡...;. ~'~)I\ {.', I,-; r , ,.".\ ~ \,., ~ ... ,>' ,';",\"~: .... ;(f.~';'~-(~"( '~.\~~...: ';(;~'·J~~~>f'~~~:;.t ";¡',,¡:~,,k'.~;t' t..~~', "'''¡;~~~'.~·~~~:7~;':t·~:'''j~ :,,) ¡ ¡I ((''/!:.~1-'' '.¡~;, '; ;~~ :!,~<;'I[.j ~< '::>r ...-,"', .,\.¥r~!~(!'r.,J:'(Ì1I',!.;"'I,·~t,:"t;'l.1~",:r.í'"...~~J.V:-"tç">t' ::-,"f (~!\~i/¡.'~<ry:,..,..." ',).¡t,·....~/f ',-'.1.' .';-: "';'7 '~ '''''t~1 ,;...... .' :\'/':-i¡"::",t.,'''';'';~'/ ''',:{.~)''¡~':~'~I''''''~.";~,,, ';'~.,; ,'~~~.~;"';:',,~). .:,,~.I.,,'(...¡,,~, ";.. ,";. ~' ;,. ~r."" 1\+" 'f'r.r'.. " r.. 1,,' r:: '}','ì-;,)'.';' "..:J!:,.iý"" ..f'~¡..¡~l<:, '. \,' t>" ,1/.,7;.,,,. .... ,hi': r, ,>t'<..I't~:-;,¡.;", L;~., ·y:.'~f ) 1 ',,,' ~...., ~ ;, + < ," '-, " \ " ,.' ,\ ~ . '" .' "'':',. _:.~..»< I: " ., '.., .. "'~""" ," . ... .... . ., .. "¿.., "'. ,.' . , . CERTIFICATE OF INSURANCE CSR LG IlSUt DATt -100,.,,,, HOLEH-l O~/12195 rHIS CERr/FICA TE IS ISSUED AS A MA TTER OF INFORMA TION ONl 'rAND CONFERS NO RIGHTS UPON THE CERTlFICA TE HOLDER. THJ~ CERTlFICA TF. DOES NOT AMEND, EXTfND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1 ~ , . -., ACOI!J). ~L4.her In.uranc., Inc. ;71 Gðodlette Rd., Suite 130 Poat Ollice Drawer 1587 Hapl.s FL 33939 William A Nixon 941-262-7171 IIISUII(O CO_AHY A L £TT(R co......". B LfTTEI'I COMfIIANV C UHfI'! COMI'AtfY 0 Lf HE" CO....AN. E UTTCI'! COMPANIES AFfORDING COVERAG! 6 (j 1 , I Reliance rnGur~nce Company Role KQntes _ A~8ociates Inc Po.t Office Box 1516 Naplea FL 33939 COVERAGES THIS IS TO C£RTIFY THAT THE POlICIES OF INSURANCE LISTED BElOw HAV¡: SEEN ISSUEO TO THE INSURED NAMEO ABOvE FOR nle POLICY PERIOD INDICA TED. NO'IWlTHST ANOING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT ~lTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED By THE POLICIES DESCRIBED HEREIN IS SIJ8JECT TO "'LL 1'KE TERMS. EXa.USIONS AHO CONDITIONS OF SIJ(H POLICIES, LIMITS SHOWN MAY HAVe SUN REDuceD BY PAW CLAIMS, co TYPe )II IIQUIWICI !'Quc" _,,," I'Ot.ICY fF'[CTrv. ~Y IJU'tMTION lWITI ra DA T.,.....'OOIY\') DA Tf ".w.oolYYl GÐIIAA&. ~ G£HfI'l"'l AGQlfGA rf COMa.IÐIcu.¡, GÐ<e1lAl, l.....lI.rtY "'OOVCT$,CO".I(). ACG C\.AIMS "'ACt OCCUR f'lfIl:SONAl" AOV 1IH..IVf''' O_"'·S " CONTRACTOR'S PROT fACH OCCUII"fHCt FIAE OAMAGf .~ one ,_... "'(0, EXI'tNS( '........ _.......... . AUTOMO.... UAaIlrrr CO"'BINED SINGlE AH" "'UTO L....,T AU 0_0 ALfTOS .001\.. "'NII. SCHEOUlEO AUTOS rl',., ÞefJOn' HIlI(!) AUTOS BOOII.. INJ\J/IIY NON-OWH(O AUTOS "" kooenrJ GÞ.IIAGI; u....1UTY P'fIOl'fllTY D......AGE o:eul UA4llrrr t"'CH OCCUI'I"fNCf UMIIR£l.1A FOlia.< AGGREGA Tf OTH(! THAN """BI'I£U.A ro_ WOllltfll·S COM~ENSA TlON ST.. TUTOR. LIM'TS EACH "'CC!CENT ANO OISfASE-!'QllC.L....,r I!MPlOYfIlS' UAB..rrr OISfASE_ E"'CH f"'!'lD'n OTHIII A Profe..ioD.Al NPC1495865 -05 11/18/94 11/18/95 Ea Claim $1,000,000 Deductible: $100,000 Aggregate $2,000,000 Collier County BOArd of . County CommiG8ionerø 3301 E Ta=lAmi ~'ail Napl.. FL 33962 CANCElLA TJON SHOUlO ANY OF THE AlIOvE DESCRIBED POLICIES BE CANCELLED BEfORE THE EXI'tRATI..",)> DATE THEREOF. THE ISSUING COMPANY WILL (NDEAVOR TO MAII.1.Q._ DAYS WRITTEN NOTlC£ TO THE Cf./lTlF'ICA re HOLDER HAMED TO THE lEFT. B1.1T FAILURE TO MAIL SUCH NOTICE SHAlL SE NO OIllIOA noN OR UAetUTY OF ¡.J4Y ICJNO UPOfoC THE COMPANY. AGENTS OR R PRESEHTATlVES. /~ ACORD CORPORATION "90 DIIC!'IPTIOII )II OI'lJlAT'IONMO'CAT1ONsIVEWlel£slS.E<::IAlITEMS R.f: Project: Annual Professional Engine.ring Servicea Thi. i. & claims made policy. Coverage applies to thoøe c1aim# which first OCcur and are first reported to the COmpany during the policy term. CERT1ACA TE HOLDER AI.r1'IfOOIClm IlU'llÐ:m A TN. ACORO 250$ (71901 William A Hixon AC..lllt. CERTIFICATE OF INSµRANCE CSR LG 1Sf.U( IMT, -.oorrY'l HOLEK-1 09/12/9! THIS CERTIACA Ti IS ISSUED AS A MATTER OF /l'JFORMA nON DNl Y AND CONFERS NO RIGHTS UPON THE CEATIACATi HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR At TER THE COVERAGE AFFORDED BY THE POLICIES BElOW. ~L..ber In.urance, Inc. 671 Goodlette Rd., Suite 130 Post ottice Drawer 1587 Naples FL 33939 William A Nixon 941-262-7171 COMPANIES AFFORDING COVERA~ 6 G 1 IIIUIIID '. CO"'~ANY A lETHR CO"'~ANY B lmtl\ CO"'~AHY C Lm[R CO"'~ANY D lm£R CO"'~AHY E lmVl FCC I Fund CapitAl A..urance/*See aelow American National Fire Ina. Co Hole Hont.8 ~·A..ociato. IDe Poat Office Box 1516 Naplu 'L 33939 COVERAOeS THIS /S TO CERTIFY THA T THe POUC/ES OF INSURANCE USTED ØflOw HA VE BEEN ISSUED TO THe IHSUIIED NAMED ABOVE FOR THE POUCY 1'£/1100 !NO/CATEO. NOTWITHSTANOING ANY Rl:OUlREMENT, TEIIM OR CONDITION OF ANY CONTRACT OR OTHEII OOCUMENT WITH RESPECT TO WHICH THIS Cf.RTlFlCATE MAY 8E ISSUED OR MAY PERTAIN. THE INSURANce AFFono£o BY THE POlIOES OESC1IJS!i0 HEREIN IS SUIIJECT TI) All THE TERMS. EXClUSIONS ANO CONDIT10NS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REOUCED IY PAlO CLAIMS. C:O ~TII TYrt Of' "IIJIU./ C( I'OUCY NUMUII I'OlIeY U'IC'TIVI I'OUCT IXI'IIIA TIOOI DATlIMMIOOIYY DATE IMM/OOIYYI l...fTl ClÞEII.Al LIM~..m GENl/lA¡, AGG.'I(QA TI 12000000 A X COMMUlCIAI, C"o(JffRAI. UA81UTY SGLOU0822 12/01/94 12/01/95 ~Aoovcrs·coM~'O~ AGG, 12000000 CLAIMS MADE X OCCUR /'fI\SONAl' A()V. INJURY '1000000 OWHEII'S , CONrllACTOR'S 'IIOT E"CH OCCUAIIEIICE ' 11000000 X Limits apply per ,IA. O....AGE IA.,., .... '''.1 150000 project MEO, EXI'£NSE 'A"., .... pe<..,." I 5 000 AU'TOMoellf llA81UTY COMBINED SINGLE X .u¡Y AUTO SBA0410821 12/01/94 12/01/95 LIMIT .1000000 AU OWNED AUTO S BaOll Y INJUIIY SCI-'tOlA.fO AUTOS ,Petf P"lonl X HIllED AUTOS BaOIl Y INJUIIY X NOH.()WNfO "'UTOS f"" KClcknlJ GAIlAGf. U"8IUTY I'IIOI'fRTY DAMAGE DCUS lIAllUTY EACH OCCUIIRENCE · 200000-) B X UMaIIUu. Fa"'" UMB8678729 12/01/94 12/01/95 AGGII(GA TI 12000000 OTHER TH"'N UMBREllA FonM C WORX VI'S C:OM~ENSA TIOM 11003001 01/01/95 01/01/96 ST A TUTORY lIMITS EACH ..CCIOENT '500000 AND 01/01/95 01/01/96 OrSEASf_ I'OLICY l....,T '500000 C fMI'I.OYl!IlI' LlMIUTY 11003001 OISEASf_ EACH EMI'I.OV(( 1500000 OTJ./VI ~If OF OI'ÐlAT1ONSF\OCATIONSNatlt.'lalll'fClAl rrEMS 30 DAYS NOTICE OF CANCELLATION REQUIRED ON WORKERS COMPENSATION COVERAGE "COMPANY CODE A- READ AS CAPITAL ASSURRANCE /S1tA.NDIA. WITH ASSC'MPTION ENDORSEMENT/CERTIFICATEHOLD~R IS NAMED AS ADD'L INSURED FOR COMPANIES A ~ B Project - Annual Professional Engineering Services œRT1F1CA Ti HOLDER CANCELLA TION SHOULD ANY OF THE ABOVE DESCIIIBED POLICIES ðE. CANalLED BEFORt TrlE EXPIRATION DATE THEREOF. THE IStUING COMPANY WILL ENOEAVOR TO MA1t. H- OA YS WRITTEN NOTICE TO THE CERnFICA TE HOLDEI\ NAMED TO THE LifT, BUT FAILURE TO MAn.. SIJOi NOnCE SHAll IMPOSE NO OISlJQA TIOH OR UABIlITY Of' ANY II'JNO UPON OMPANY. ITS E S OR REPftESENTA TlVES. Collier County Board of County Commissioners 3301 E TamiAmi Trail Napl.s FL 33962 ACORD 25-S (71901 William A Ni --.--..-.----~--.._---- o ACORD CORPORATION 1990 ~ 16G 1 I SCrlEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, George H. Hermanson hereby certifies that wages, rates and other factual unit costs supporting the compènsation for the Professional Engineering of the CONSULTANT to be provided under the Agreement, concerning Agreement for Professional Engineering Services are accurate, complete and current as of the time of contracting. Date: September 12, 1995 TAD/lgk/10389 -34- 1°'" su.... I. U'.090. 1><1." Ckl. ""'1 WORK ORDER 1/ ! 6 (j . , Agreement for Fixed Term Profession..' Engineering Services Dated September 26, 1995 (Con!rne! #95-2422) This Work Order is (or pro(essional cn¡;incc:rlng services (or work known as íIille) Œ..eason for Proiec) The work is specified in the proposal dated which is Illached herelo and made · part o( this Work Ordcr, III nceordance \\'ilh (hc Tcrms and Condilions o( Ihe Agreemenl referenced above, Work Order 1/ is assigncd /0 (Firm Nnrne) SCODe of Wo.rJs..;. (liS! all lasks: Task I, Task 2, ctc.) ~l1llilc of Work; Complcle work w/lhin Proceed aUI horizi ng start o( work, days (rom reccipl o( Ihe Notice 10 Compensalion~ 1/\ accordance with Article Five o( Ihe Agreemcnl, Ihe Counly will compensa~e Ihe Firm in accordance willa Ihe negOlialcd IlIrnp sum IImounl indicaled in Ihe schedule bclow (ir a lask is limc and mrd'lrial, so illdicnlc /llId use IIac cSlablishcd hourly rale(s) as cnlJmeraled in Schedulc MA" of the Agrcement). (List all Tasks) $ $ S $ (lump sum) (lime &: malerllll) R:imbursablcs TOT AL FEE Any change wilhin monelary IUlhorlly o( Ihls Work Order made subsequenl 10 (jna' deparlmenc approval will be considered an ilddillonal service ilnd charged according 10 Schedule "A" o( Ihe Agreement. PREPARED BY: Narnc IInd Tillc Dalc REVIEWED BY: DcparlrnClI1 Direclor Dille ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collicr Coullly, Florida By: By: Dcpuly Cicek John C, t4o-rrh, Chairman Approved as to Form and Legal Su(ficicncy: Assistanl County Allorncy Date: ATTEST: , (Corporate Secretary) Conlractor By: By: Signalurc Type Narnc and Tille (or) wilnesscs (2) ( I) (2) Signature Signature Prinl N~/i1C Print Namc Wørk Ord.. Templ.le 1.0 K/WO¡:T I'I·:S. Oil1 1 4 nHlí...I.. """'.111 llJ~'IW' IIUJ~' . Wi' miD If' ,mll' II1IUI'11I".· ". I '! 16G PeJican Bay Services Division Operations Report H ...._ Water :\-hna¡:cmcnt Exotic rc:movaj started in JW1e, on the west side from the R.c:gi5try Resort to The Commons, and was completed during the first week of July. Work began on the east side of the berm during the weclt of July 21. Area '"E' wtúch is from the Registry Resort to the Heron SwaJc was completed the lart wcc.k of July. The area Jooks quite di1fercnt wiÙ1 Ù1.: massive amount oCBraziliAn Pcppt:r removed. In some areu their are some desirable under story foliage which should grow in and look quite well, although some areas Lack vegetation and m¡y require some pJanting.ç. The contractor "ill be Proceeding into area "8" , which is from the Heron Swale to the Glcnvicw boardwalk the first week of AUgtJ$1. Lak~ Tre:ttmcnj During the late spring and summer months condilions become favorable for algae blooms and the gro"'1h of bolt om weeds, In order to help control '.be5C conwtjons a maintenance application of Sonar and 2,4D is applied. this was completed during May and June. AQuucaninf Prorram Aquatic plants were instaJled in June, approximately 8700, on golf course lakes, the bnorth Registry lake, GcorgetO\~11 west lake and Ihe Sandpiper Swale, Though the plants are relatively smaIJ whcn installed. growth can alre.1dy be sccn in the Sandpiper SwaJe pJantjng, Çommunitv Beautification The Division had budgcted to modify irrigation zoncs so that the flower beds were separated from the turf. During May and June, 15 flower beds were completed. This project is on-going and will be compleled by the end of Septcmber. Rcnlantin1! Prol!:ram U,S. -41 Buffer Hedge - Shrubs were installed in fronl of the fence on the south end of US _ 4 J, lhe final section was completed in May, Some plants werc also instal/cd on the north end ofthc bcnn in some ofthc thinly landscaped arcas. U.S. 41 Bcnn Fence - Mr. Skaggs at 807 Shadow L'lkc Lane, is having a fence installed behind his house. He has coordinated this "ith the Division and is ha\-ing lhe same fence as used in front of Barrington Club. Annual Planting - The spring annual planting of marigolds and crossandra was completed in May. The scheduled mid-summer planting of celosia in the entrance beds and selected inlerior beds wa5 complcled in July, LÍ1!htin~ Sidewalk BaJlards on the Oakman! Lake Bank a.nd at Pelican Bay Blvd. & Ridgcwocd Dr. imersection are badly deteriorated and have been included in the FY98 Budget to be replaced. ~ present fixtures used have been discontinued by Lightolier Co, TIlese fixtures were a poor design because of susceptjbilit). to delerioration by the sun and were easily damaged by vandalism. Therefore we have started to evaJuate concrete ballards which should be better sWled for our application. Once this jnformation has been collected it wiJl be forwarded to the Board for revicw. 1 6 G 1 Clam BIY Overflows I Pumps. The overflow pipes for the pwnps were installed in April. A purchase order has been issued to tbe pump supplier for t.hc rental of the pumps. A Work Authorization has been approved for from Wilson, Miller to perfonn the survey work to install the tide staffs to be used for monÜoring water elevations. Ona: these an:: installed, monitoring will begin and if water eleyations indicate pumping \\;11 be initiated. FJushing Cuts - "The pennit required monitoring being performed weekly on lhe wells and monthly on the plant plots. Survey data has been col1~cd for the flushing cuts and monitoring stations and will be incorporated into a report to be submitted to FDEP as required by our permit. U.S. 41 WIDENIN.Q The Florida Department of Transportation has completed the design of U. S. 41, which is scheduled to be bid in 1998 for construction inl999, which means that the \\;ndow for bidding this project would be essentially Januar)' through September 1998, with construction to begin sometime during the period October I, 1998 _ September 30, 1999. DOT has indicated that there an:: no easements required from the Pelican Bay community for this \\ìdening project. Fh'e Year CaDitallmnrovement Bud2et Entrance Marken (1999 '" 2000), Irrigation S)'stcm Upgrades (1999 & 2000), U.S. 41 Berm (2001 & 2002), Street Signs (1999 & 2000) Some initial design work and pricing for budget purposes has been performed on all the above. Further design and construction information will be gathered during FY98 for the Boards review on the Entrana: Markers and Irrigation System Upgrades so that these projccts can stay on the schedule as Proposed in the Five Year Capital Improvement Budget 16G PEUCAN BAY SERVICES OMSION ClAM BAY RESTORATION FUND June 30, 1"7 F.Y.19¡7 Exp. PaSo WCI Balance BUdget To Oa. Portion Portion EXPENDITURES Envronmen1ill Conseill Akennan,Sem~IX.~. $ 100,000 S 65,502 $ 42,751 $ 42,751 $ 14,498 Lewts Environment¡. .4)ery. $ 72,500 $ &4,92a $32,464 $ 32,464 $ 7,572 T8dtney & ~.4ttt".t $ ~,OOO $ 45,021 $ 22,511 S 22,510 $ 979 Wilson, MH~(, et. at S 90,000 $ 38,771 $ 21.335 S 17,436 S 51,.229 Dr. Samue( Snedelær $ 5,000 $ 4,8&4 $ 2,432 $ 2,432 S 136 Others $ ð1,5OO $ 7,798 $ .,169 S 3,629 S 73,702 Sub-Total $ 395,000 $ 24e,884 $125,662 S 121,222 S 148,116 c..pitalOuUay Improvements General S 55,000 S 15,459 $ 15,459 S $ 39,541 Other Machinery & Equip. $ S 2,827 $ 1,413 S 1,41. S (2,8272 Sub- T Olal S 55,000 S 18,286 $ 16,872 S 1,414 S 36,714 Other Fees & ChMges Tax Collector S 16,000 $ 10.214 $ 10,21. NlA $ 5.786 Property Appraiser S 10,700 $ $ NlA S 10.700 Revenue Reserve $ 12,600 $ $ NlA $ 12.600 Sub-Total $ 39,300 $ 10,21. S 10,214 $ $ 29,086 TOTAL APPROPRIATIONS $ 489,300 $ 275,384 S 152.748 $ 122,636 $213.916 ACCOUNTS PAYABLE - JUNE DATE INV.NO, AMOUNT Akerman, Senleñrtt & Eidson Akerman, Senteñ1tt & Eidson Akerman, Senteñ1tt & Eidson Hilburn O. Hillestad Lewis Environmental Dr. Snedeker Dr. Snedeker Tackney '" ASSOciates WMB&p D.E.P. TOTAL INVOICES ().(/1619 7 05107197 06124/97 004116197 07102197 ().(130/97 06l3OI97 07tœ197 06/27/97 05/16/97 1748749 1847943 1880583 ().4..16- 97 97117 ().4..30-97 06-30-97 0555 4707 113049919 $15,902.27 $ 13,572.36 S 8,679.83 S 10,549.40 $ 2,032.03 S 412.50 $ 281.25 S 978,87 $ 1,997.67 S 3,500.00 $57.906.18 ~._-- - - - '""""q'-- - . - . -II ~qeriff ¿øÚll ~ullter 1 6 (j 1 Collier County Govt. Complex Bldg. . J 3301 Tamiami Trail East, Naples, FL 34112 Telephone (AC 941) 774-4434 MR. IoJARD 801 LAUREL OAK DR. NAPLES, FL. 34108 JUL Y 1 8, 1 <} en DEAR MR. WARD, I RECEIVED A TELEPHONE CALL FROM THE PELICAN BAY FOUNDATION REQUESTING MONTHLY STATS FOR PELICAN BAY FOR MAY AND JUNE. AS YOU KNOW FROM SGT. TAYLORS LETTER DATED MAY 19, 1<}97 HE HAS BEEN REASSIGNED TO ROAD PATROL. AT THIS TIME I'M CURRENTLY FILLING IN AS THE SENIOR SGT AND WILL BE MORE THAN HAPPY TO SEND YOU THE INFORMATION THE FOUNDATION REQUESTED. I APOLOGIZE FOR ANY INCONVENIENCE IN GETTING YOU THE MONTHLY STATS AND WILL START SENDING YOU THESE REPORTS MONTHLY PLEASE FIND ENCLOSED THE FOLLOWING: -MAY AND JUNES MONTHLY STAT REPORT -CRIME REPORTS 3-16-<}7 THRU 4-15-<}7 AND 4-16-<}7 THRU 5-15-97 IF I MAY BE OF ANY FURTHER ASSISTANCE TO YOU PLEASE FEEL FREE TO CALL ME. RESPECTF~L Y, ~r~-ð~ 3"ü SGT. MARK D. . LIGAN DISTRICT ONE SUBSTATION CC: MR. BRAD ESTES J'W _ .,.., _ ___-_.._-___.., _ ___ .. ~. ~,;-,..~ ~ . . ~.~.: ~ t.: . . ....:" '!"". ;", J.:_ ¿" .. "__;"". .~ ~ ~. ,. l....,.. ~. '.. ~ .. . , ' ¡-" . . :.... 16G 1 - ........... ~ -.. , .'. COX x ~ . r ~ y S 3 R V r C .-fD & P cr ~ y . ", ~ ... ~ .Ii, ......, . . )(O.~aLY 8~A~ R )& Þ 0 I. T J'OJl .IIOliITX 0"1 t JtDIDI 1997 ········..........M............................._........................... TOTAL MIIJI.AGx: TOTAL FtŒL: 6172 3J.S. ~ '1'OT.AL uPORTS ífR.Il l'b;«: 77 TOTAL '.I'RA.I1lING HOURS: " 86.55 TOTAL COMPI..AI:NTS: 55a TOTAL BOURS WORKED: 615.5 ~ PATROL TIME: 142.19 - - - '- -_. _. ~-- -_. -_. . - - - - - - -.~ '. .-.........CX".........__.__........___..................................... !!2.:.. D .A. V. . . . . . .. . . . . . . . . . . . . . .. _ 41 " V.I.N. CBXCKS............_... 1~ RESIDENCE CHECKS.. '" ........ 232 SCHOOL CROSSINGS.._____..._._ 30 TRAFFIe ASSISTS. . . . . _ . . . . _ .._. 19 PARKING CITATIONS.... ........ OS ABANDoNED VEHICLES... ........ 09 ADMIN. ASSIGNMENTS........... 39 A.T.e.IS..................... 01 RELAYS TO............ . . . . _ . . . 52 HARAssmG PHONE CALLS........ 02 ANIMAL COMPLAIm'S.. . . . . . . . . . . 02 DISTRICT: !EL ESCORTS. . . . . . . . . . . . . . . . . . . . . . . 00 LOST/~OUND PROP............... 08 'I'HAF'I'S. . . . . . . . . . . . . _ . . . . . . . . " 2 4 CRIMntAL M.ISæIEF. . . . . . . . . . . . . 27 HOME SXCtIR..I'I'Y SURVEYS. . . . . . . . . 01 ROAD OBSTRUCTIONS............. lS BURGI..ARY. . . . . . . . . . . . . . . . . . . . . . 2 9 AeeID~ (BLUE FORM)..... ..... 15 MISSING PERSoNS. ...... .... .... 04 LATENT PRINT WORK............. 18 COP RELATED (FLYARS &: VIDÃO) . . 00 0"l:'1ŒR (VARIOUS}............... 6::. ONE suPERVISOR SIGNATURE; ~ Kf. t\.,lÜek.... dd~ ~- 3-' ~ . . - ; . ~~ ti~ -J..: ~t r ~ " . - , 1_·..... _ . 'r~ ., :" ...'''; "~'¡.:';. - . .....,. ø" ~ 16G ...,. -þ-... I" .. ...... '. ·"-.:~.7_..... ....... ~ . -.'. .. ... ..,..J.~~~-:-=~__. i 'æ"i!1Ð Itr :.~ . { . " .., ' -:" r , .. .. ..-. -- ~ ~ . "'~'~..~~ ~.:;::':::,~; ,-.:.:.:E ':.":-.;~ ~.,;. . "'"'-.. "'W, . - .--........ # l.... ::" '. ... .. ..... t1zrr:ro¡,X DIVISIO:l!f MO.TBL'! BTÃ'r :a..P01'1' Marra OP: JaKI 1997 ÐIBTJuC'l' OXJr/nLIOJr :au *********~.*-~~****~...**...*********.************************************** TOTAL AC'ì 1. V 1. TIES 1414 FELONY ARRESTS 00 BA.K:E:R ACT ··':WRITRRs 30 MISD ARRESTS -'-·05 ; MYERs ACTS ACCIDENTs WORK 05 WARR. ~ ARRESTS 00 ·SIG 4l.R ACCIDANT ASSIST 03 AR.REST ASSIST 00 ·SIG 41B *11. r. REPoRTS 2S *TRAFFIC errs 20 CITY CALLs .' *mJ.'~~ REPORTS 00 *TRFC - K'ARNINGs 07 BACK-UP CLS *COMfIf POL _ FORMS 11 * PARKING cns . 03 SQlOL XING 1 AID OTHER AGENCY 09 N.T.A. 's 07 'I'RFFC STOPS . SPECIAL ASSIGN 03 FALSE ALARMS 162 S.I. TOTAL -4 4 - . .............................................................................. .............................................................................. 6J ~K-c.~~9" SIGNATURE/ID# of Substation Commander 7- 3-77 Date ....~ -- ""«~ .. 16G 1 Colli.,.. County Sh.,..iff·~ Offic. Cri..s by DoilY of W..k Fro. 03/16/97 through 00\/1:5/97 For Grid 1201 PELICAN BAY AREA CIA"" Cl.u'Iif1c.tion Sun Mon ru.~ W.d Thur Fri S.t Tot.l ALL OTHER DEATHS fa 1 0 0 0 0 0 1 AN I MAL. BITE fa 0 fa 0 1 0 " 1 SURa-VEHICLE / AUTO 1 " " 1 ø ø 0 2 CRIMINAL MISCHIEF " 1 0 It) " " " 1 DOMESTIC DISTURBANCE " 0 0 0 0 0 1 1 GRAND THEFT ALL 0 1 1 0 1 1 " 4 "I SS I NO PE R90NS 0 " 1 " 0 " 0 1 ~T rv THEFT ALL 1 0 0 0 0 0 " 1 PETTY/GRANO THEFT 1 " " " 0 " 0 1 PETTY/GRAND THEFT 0 0 1 0 0 " 0 1 PROPERTY DAMAGE 0 ø 0 0 1 0 " 1 THEFT/EMBEZZLEMENT 0 " 1 " " " " 1 ¡ T~FIC ACCIDENT 0 0 " 1 1 0 " 2 ---- ---- ---- ---- --.- ---- __a_ ---- GrAnd Tot.ls 3 3 4 2 4 1 1 18 ....-..---- -..-....-.-------~--...--- -......--------,_ 1 .-:--.. ....... ~- ~.........~"'" 16G 1 Col11.r County SM.ritf's Ottic. 01 sP·.tch.s by O.Y ot W..k Fro. 03/16/97 through 0~/1~/97 For Grid 1201 PELICAN BAY AREA Disp.tch Disp.tc:h Typ. Sun ,",on Tu.s W.d Thur Fri S.t Tot.1 A8ANOONED UEHICLE 0 1 " ø " " " 1 ACe I DENT " ø 1 0 1 " " 2 ALARM 23 2~ 2~ 3Ø 21t 28 17 17& AM8U..ANCE " 2 " " " " 1 3 ANIMAL coÞtPt.AINT 1 1 " 0 " 0 0 2 8UAOLARY fa 0 1 " " 1 1 3 D A V 1 0 " " " " fa 1 DISTUR8&WCE fa 1 fa " " 1 " 2 FORGERY/FRAUD 0 1 " " " " " 1 LF.WO & LArX:IVIOUS " 1 0 " 0 " fa 1 ..laSING PERSON " 0 " 1 " " 1 2 NO I SE COMPl.A I NT 2 " fa 1 " " 2 5 NarlFY PERSON/WELFARE CHE " 1 " " " " " 1 08SCENE/HARRASRlNO PX CAL " " " 1 " " " 1 PROWl.£R " " 1 " " " 0 1 SU!;P I C I Otm AIRCRAFT " " 0 I) 1 " 0 1 SUßpICIOUS INCIDENT 1 1 0 1 1 0 1 5 SUSPrCIOUS PERSON " 0 ø 1 " 0 0 1 SUSPrCIOUS VEHICLE ø 1 " " " 1 " 2 THEFT ø " 0 " 1 " 0 1 UNVERIFIED cHI 3 ~ 2 5 " 5 3 22 VERIFY UIN III " 0 " " 1 " 1 __a_ -.-. -.-. ---- ---- ---- ---- ....- Gr.nd Tot.l f 31 1t3 30 .it 0 28 37 26 235 . ,"., '-.,:, '. .\........ .. ":,: ':,' ,;'., '.,. '... --" '. ' " '. .' . - , <.' c", I, . "I, . ì~' -' _ .. 1, I., , " " . I /', .' , " "'. ,·~·'··¡~';.../;:·,A :'," ~ :', ,;' '.:~;.': ~·:',.")(":.:I. f", ",,, . ~ :' I. '" /' , .' . '.,' _ '.., ' , I, ,,' /' "'1 . - " " .' .,-.) . '. . '.' ... ''<' , : oh. _ ", .' _ "/ " . '. ' ". ,: - <.:. -:",;' :;.,...:.~ :".~"";" " ';., ,:' ,~__- f ...' ,- , . ' ;, ~:' ~ '; -', ,': . ',' .' ,,: .' ,. ;. ... . __ ',,' .' '. ~ , . 16G 1 MEMORANDUM TO: Pelican Bay A.ctvUory Committee FROM~ James p, Ward DATE: July 24, 1997 SUBJECT: Proposed Australian Pine Removal aJong beach In accordance with the discuuion that ensued at the July 2, 1997 meeting regarding the removal of additional Australian Pine3 along the beach, staff has had the opportunity to meet on site with Mrs. Maureen McCarthy, in ord.er to review the Australian Pines which are being requested to be removed. It is proposed that a portion of the Australian Pines between Clam Pass and the Clam Bar be removed. Along the north edge of the pass and headed towards the beach are six pines that are 18" in diameter or larger. The3e larger trees and the ones to the east of these are the ones that would renWn. The trCC3 that are to the east of the larger trees wi) probably not exceed the height of the larger ones and therefore shouldn't cause anymore visual obstruction than what is already being caused by the larger ones. There is a line of pine trees runrung from the NW to the SE that have ribbons, the trees located south of this line would remain. the ones on the north would be removed. Included in the area to be removed are roughly 550+ trees. This take.s into account aU trees trom 25'+ to seedlings. Approximately 500/. are over 15', but most are smalJer diameter trees. It is planned that the trees would be treated with herbicide, cut down and chipped in place. In addition to this area, there are approximately 200 pine trees aJong the dune between Sandpiper and CJam Bar. The proposed removal method would be to chemica1Jy treat the Australian Pines which would then die and once dead the Division would go in and chip the pines and remove them trom the project. In order to move this process forward, I would recommend that each of you ~ither go to the beach and note the area which has been cordoned off for removal of pines or a.ltcrmtivcJy contact Kyle Luk..asz at 597-2265. He would be glad to take you to the site and discuss the proposed removal of these pin~s. Once you have had an opportunity to review this, please I~ me know anå if there is sufficient interest in purS11ing this project at this point, staff can go a.head and begin this pro~ss prior [0 October. Thank you and if you have any questions, please let me know. 16 (' lJ J COillER COUN1Y GOVERNMENT PEllCAN BAY SERVICES DIVISI~ 801 LAUREL OAK DRIVE SUITE 605 NAPLES, FL 34108 (941) 597-1749 FAX (941) 597 -4502 ^ CE¡aIFJED BWE CHIP COMMUNrn' NOTICE OF PUBLIC MEETING NOTICE IS HERBEY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDA nON CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON SEPTEMBER 3, 1997 at 3:00 P.M. AGENDA I. Roll CalJ 2. Approvaj of Minutes of the August 6, 1997 Meeting 3, Clam Bay Restoration and Management Plan A) Status Report on Environmental Pennits _ T. R. Brown B) Discussion of Project Manager for pennit implementation 4. Discussion with regard to The Conservancy's participation in the Water Quality Analysis; F10rida Yards and Neighborhood Program and alternative sources for funding, 5. Discussion of Project Manager for Mangrove Restoration Project 6. Discussion ofCommiuee involvement with PBSD projects 7. Audience Participation 8, Committee Requests 9, Adjourn ADDITIONALL Y, TInS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY ADVISORY COMMITrEE, WIlli RESPECT TO ANY MA ITER CONSIDERED AT 'nus MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBA TfM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AJID EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. v; Misc. Corres: Norr1s Hancock = / ~ Date: C4Itlhnt fn. -./ NIc'K1t ~ ~/ ~ Item# krr] } Copies To: 16G 1 Naples, Florida August 6, 1997 LET IT BE KNOWN, that the Peljcan Bay MSTBU Advisory Committee met in Regular Session on thj~ date at 3:00 P.M. at the Foundation Center, 8962 Hammock Oale Drive, Naples with the following members prl"..s<:nt: Mr. Herbert Huson (Absent) Mr. George Hermanson Mr. lohn Hoyt (Absent) Mr. RuudI Mudge Mrs. Cora ObJey Mr. Anthony Pires Mr. Chufes Popper Mr. Bemon Young (Absent) ALSO PRESENT: Variow residents of Pelican Bay (approximately 4); Dr. David Guggenheim. President and CEO, The Conservancy of Southwest FJonda; Mr. 1~ P. Ward. Division Adrrúnistrator and Mn. Barbara Smith, Recording Secretary. Dr. Alan Varley, Chairman Mr. George Werner, VICe Chairman Mr. Tbomn Brown Mr. Rodkey Craighead (Absent) Mr. F rede:riclc: Flatto Mr. Edward Griffith Mr. Glen Harrel] AGENDA: 1. RoD Call 2. Approval of the July 2, 1997 and Iuly ] 6, ] 997 Meeting Minute3 3. Discussion on policy for Meeting Notifications and distnòu1Íon of Agenda materials 4. Discussion ofProfessionaJ Engineering Contracu 5. Status ofOperatiop.J (pBSD) 6. Audience Participation 7 Committee Requests and Audienœ Comments 8. Adjourn ROLL CA LL; Dr. Varley çaJled the meeting to order and ukcd that the Record show Messrs. Rodkey Craighead, Herbert Ha.sson, John Hoyt and Hernon Young with excused absences. APPROVAL OF MlNUITS OF TIlE JULy 2.1"7 MEETING; Mr. Werner moved. seconded by Mr. HeT'11JCl11.Ion and approved unanimously, the Minutes O/the July 2, 1997 Meeting. -2558- PELICAN BAY ADVISORY COMMIlTEE August 6, 1997 16G 1 APPROVAL OF J\HNITES OFTIIE JULY 16.1997 MEETING: Mr. lltrmanson moved, seconded by Mr. Wanu and approved unanimously, the Minutes of the July 16,1997 Meeting. DISCUSSION ON POLICY FOR MEETING NOTTFICA TIONS AND DISTRIDUTION OF AGENDA MTERrALS: Dr. Varley stated th.1t a copy of the Policy for Meeting Notification that is being proposed has been distributed. One sheet is an information statement which we use for people who wonder about the policy for membership on this Committee. The other sheet is about records and communications, their availability and how we notify people about the minutes, etc. The first is the Advisory Committee Policy Statement for residents regarding meetings, Mr, Mudge stated that he thought he had requested that backup materiaJ be available on a table at the meeting similar to what is done at a County Commission Meeting? Mr. Ward replied that the materials are here. Mr, Mudge> stated that he does not believe that was included in this poFcy. r-.1r. Ward replied that he \If;) change that. Dr. Varley stated that Mr, Ward made a good point of the legalistics of the notification process and pointing out that if the Foundation did not get a Notice published, that should not invalidate the meeting, Does there need to be any mention in here that while these are not legally officiaJ postings of the agenda, we will make every effort to do it? Maybe that is overkill and you do not think it is necessary. 2559 _. .. -,' - '...... -.""" ....-._..._..~._~ ........---------~ -----. ~ ~ ',_-..r'. -------.&-"..._.....~". -...-.......ilyfl(1.,~~,iWIIIIIA PELICAN BAY ADVISORY COMMIlTEE August 6, 1997 16 G 1 Mr. Ward replied that it is important for everyone to understand that what Dr. Varley is referring to is the fact that in government, when you legally post a notice it serves as the basis for any appeals which may result from the action you take at that particular meeting. My point in the earlier Memorandum to you was that, to the extent that you make it as a matter of policy, postings at the Commons, etc. and that posting fails U I matter of record because of something that we did not do, but something the Foundation did, any action you take u a result of that meeting could be invalidated. My point was these postings are just done as a matter of courtesy, not as a matter of legal action, that your actual postíngs were done in accordance with the current Statute requirements which ue posting at our Office and posting at the County Office Buildings. Dr. Varley asked if the same thing is tne on Item #5 on the update that I have been writing? That is not approved by this group. If it i3 brought back though this group, it will be so far out of date that it won't ~ meaningful. Should that also be disclaimed, that is just the opinion of one person? Mr. Ward replied that is a good point to make that the Chairman, in his position as Chairman is preparing this article and it is generally his opinion. I will do that for you, Mr, Werner stated that the only real change here is that if somebody wants a copy of the public records, there is going to be a charge of S.15 per page. Dr. Varley stated that it makes it clear where things are available and how to get them. Mr. Griffith asked if these charges were in line with the County? Mr. Ward replied that is the County rate and the rate that is also provided for by Statute. Mr, Tom Brown asked if we should add the street address to Item #7 for the offices in the SunTrust Building? 2560 PELICAN BAY ADVISORY COM1YfiITEE August 6, 1997 16G 1 Mr. Ward replied that we will do that. Dr. Varley asked for public comment. Mrs. Kay Potter - Pelican Bay resident - stated that if we come to a meeting and want a copy of anything, it should be available on the table and are we sti11 going to have to pay S.15 per page for it? Mr. Ward replied that we wilJ keep a complete package of all agenda materials that the Committee if given, on a table for your inspection, along with twenty copies of the Agenda. The backup material if you wanted an additional copy of it, you would have to ask for it and at that point there would be a charge. Mrs, Potter replied that there is not a cop;' of the Proposed Policy on the table now. Mr. Ward replied that there is. It is just that someone presently has it, reading it. Mr. Popper moved, seconded by Mr. F1atto and approved unanimously to approve the Policy as amended, Dr, Varley asked if this should be distributt"d in any manner or through the Minutes? Mr. Ward replied that it would be distributed through the Minutes which would be sufficient. Dr. Varley stated that the second portion was a statement of how to get on this Committee should you so desire. Mr. Ward stated that the issue which was raised by the Mangrove Action Group was can, should and how do you provide for the election of the member3 of the Advisory Committee where residents of Pelican Bay essentially elect those members. What I have tried to point out is one 2561 PELICAN BAY ADVISORY COMMITIEE August 6, 1997 16G 1 very simple fact and that is the issue of the election of the Committee goes directly to the independence of the Committee itself and whether it is considered independent under law. By virtue of the Board of Countj Commissioners Policy, essentially as3Uming the duties of the PBID, it said that as a matter of policy "we do not want an independently elected Board", If you look through history in this County, it is not only PBSD. There was an issue that carne up a couple of years ago with respect to creating an independent body to oversee the Collier County Water and Sewer District. That went away without any question. The Board has traditionaJly liked dependent boards, that in it~ sole and absolute legislative function appoints that board. That is what the Memorandum essentially says to you, It is rc.aJly not a function of anything that you can do as a matter of policy relative to the electior of each of you as members of this Advisory Committee. It is just like every other advisory board in this County. Mr, Griffith asked if this was a policy that we were supposed to adopt? Mr. Ward replied that this is just for clarification. The question was how can you do that as an Advisory Committee and I was trying to point out that there is really nothing you can do as an Advisory Committee. It is a matter of policy of the Board of County Commissioners. My opinion of what they would do, is that it not going to fly. Mr. Griffith sated that it should be clarified that this is a Clarification Statement, not Policy. I was thrown by "Policy" like we had to vote on it. Mr, Ward agreed. Mr. Werner stated that does not mean that if someone felt that the members of this Board ought to be elected that they could not petition the County to change the way that we get here, 2562 PELICAN BAY ADVISORY COMMITTEE August 6, J 997 16G 1 Mr, Ward agreed. As individuals living within the community, you certainly have that right and obligation, if you feel that is an obligation. Mr. Werner stated that resumes are sent to the County. who in turn sends them to Mr. Ward. Mr. Ward has stated that he would solicit this Committee before forwarding his recommendations back to the County. How do you anticipate doing that? ~1r. Ward replied that he would recommend that once the applications are received it wiU be .scheduled as an item for consideration by the Committee. A copy of all resumes and back up materials will be placed in the agenda package and at that meeting you will have some discussion of that itern. You will take action or not take action as appropriate, and if action is taken I will forward that back to the Board of County Commi;sioncrs for their consideration. Mr. Werner asked if that can be done without getting into personal interviews, by just Jisting personal choices, etc.? Mr. Ward replied that, sure, we can simply list your choices, tally them up and move on. It can be as simple as that. Dr, Varley stated that this is the only contentious issue that he could see in the whole question, It seems to me that we have a real need to get good people to serve on this Committee and I have some real reservations about having a public debate about somebody's qualifications. I am afraid that good qualified people who are volunteering their time will feel, why put my name up and have these fifteen people discuss my qualifications, Can we do this as we have done in the past with a ballot, where we render our opinion? Mr, Ward replied that the way that it has gone in the past, the retention of you as members of the Committee is a legislative decision of the Board of County Commissioners. As a matter of 2563 ""'_....._____ T..._......._. · . '-. . ~ . ;.:'.,~;.~, '.. " ',...., ".:'\:'.'.":~;>...'\:': ~; ¡':..'t;,....~ ::: ~ ~ ',' > " . ~'~_: PELICAN BAY ADVISORY COMMITTEE August 6, 1997 16G 1 courtesy the Board sent them to me and told me as the Division Head to make my recommendation. I have generally taken a look at those resumes and forwarded a recommendation back to the Board of County CorMÚssioners. I don't even generally attend the Board of County Commissioner's meeting, because I tend to fed that I work for the Board, not the other way around. As a matter of policy, it reaJly is their decision on whoever they want to appoint to this Advisory Comrnitt~. I don't have to forward a recommendation, nor do you have to make a recommendation. We can simply say, "Thank you for offering that information to us, but you as a legislative body make your own decision as to whom you want to appoint to this Board. " That question has been raised in the commuTÚty about how you do that. I intend to agree with Dr, Varley, this is a voluntary Comm:aee and going through that process tends to be somewhat difficult. I would suggest you either not deaJ \'with the issue at all and me not deal with the issue at all and let the Board of County Commissioner's deal with it or alternatively, schedule it. If you don't want to make any recommendations, then don't do it. Dr. Varley stated that he personally feels that would be even worse, not making an opinion, That is what we arc here for and is one thing representing the community that we certainly ought to do. I have gotten the feeling from newspaper accounts that the mistake made in the past is that it was not identified as to who recommended what. It was a tax problem that was being wrestled with. The only question that I raise is this public debate of somebody'! qualifications, Mr. Ward replied [hat what the issue was about with the County was in terms of the budget priority debate that went on in the public, You need to either have the debate or you 2564 PELICAN BAY ADVISORY COMMITIEE August 6, 1997 1 6 G 1 don't. There is no in between at that point. You need to schedule it, discuss it and make a recommendation. 1 know it is a tough one, but you either do or do not have it. Mr. Flatto st.ated that certainly any discussion should be kept to a minimum. Since we have no choice on who iJ going to serve on this Committee, trus should not be a big hue and cry discussing the personaJ or business merits of a particular candidate. Whatever opinions we feel can be expressed to the Commission, but should not be aired publicly. Mr. Harrell stated that it seems that the County Commissioners do not want to be accountable. Someone in the audience at one meeting said that a County Conmússioner once said that I do not even make a decision, I just go with their recommendation. That does not make him very accountable. Politically, they need to make; decision and I certainly would not want to have public discussion about peo~e who have applied. That is their job. I would rather have no discussion. If anybody wants to write a letter to Mr. Ward saying who they think they should or shouldn't put on the Committee, it is all public information and ever)'one has a right to their opinion. I do not think it should be our decision as a Committee. Mr. Mudge stated that he feels we should have a say. I can recall two of the County Commissioners made it very clear that they did not have to take the Advisory Committee's decision over who they proposed. It was up to them. There were two cases in the past where they put someone on the Committee here, who had not been recommended, It is up to us to look at who is proposed for this Committee, so that we understand who they are. Some of us know them better than others and we should have some kind of open discussion. We cannot talk individually to other people about it, so the only place to do it is in this meeting. I think it is worthwhile to do. 2565 I PELICAN BAY ADVISORY COMMI1TEE August 6, 1997 16G 1 Mr. Pires stated that he agrees with Mr. Harrell that it is up to the Board and feels it is not necessary nor appropriate for this group to be making any recommendations. I think that the persons qualifications would be well outlined in whatever application they make to the Commission, It feels almost awkward that you can have a collegial group make a recommendation as to who else should be a member of the collegial group, That is a bit awkward. Some of the criteria proposed is that all members be permanent residents and electors of Collier County. A business representative may not necessarily be a qualified elector and voter. I want to make sure no one wants to limit it to people living in Pelican Bay, I feel it is up to the County Commission and is not appropriate for this Committee to make the recommendations, Mr, Werner stated that he does not loo¡'- at it as the County Commission ducking their responsibility, but as a courtesy being extended to us, figuring that we would probably know the candidates better than they duo I think we should have input, with the issue being how can we do it while still being sensitive to the applicant's privacy, Dr, VarJey agreed, With a single District, there are four commissioners who really have marginal interest in Pelican Bay as an entity, I think it is a good idea that they ask for our opinion and I would hate to see us duck it. My only concern is that we do not turn this into a investigation and interrogation of people's ability, Mr. Mudge stated that has not occurr~d in the past. Me Popper stated that it is the old saying "If it ain't broke, don't fix it." In the last six years this has worked very weB and we have a very heterogeneous group representing a lot of different idea.s and backgrounds, Very frankly, had it not been for that one instance where we 2566 PELICAN BAY ADVISORY COMMITTEE August 6, 1997 16 G l' have had a question about the make up of this Committee, I think it is working very well. Rather than try to re-invent the wheel that doesn't need to be re-invented, leave it alone, it is working. Mr. Griffith commented that with regards to ballots that have been done in the past and with the County Board's selection of a manager ballot, is there going to be scrutiny or are we doing anything in conflict? As far as choosing, do you have to have an open discussion and vote on somebody versus a balo~ or what? Dr, Varley stated that his understanding was that they were unsigned ballots. Mr. Pires replied that there were two issues. One was on the budget priority and the other on the Manager's issue, I think it was a secret ballot issue. That kind of polling can get into the Sunshine Law and you have to be careful how w· is done, Mrs. Obley stated that Mrs. Smith took the vote by telephone or fax. Mr. Ward stated that as far as he is concerned, the recommendation was rus recommendation to the Board of County Commissioners and I can take whatever input that I desire to take as it relates to the Advisory Committee. The question really becomes, do you want to deal with this issue as a matter of course as an agenda item. If you do, then you can schedule it. You don't have to take any action There is no requirement for you to do that and I hear diversified opinions as to what you want to do, It is a hard subject. It is hard when you have people who are reapplying for the position, to have discussion relative to that individual. One alternative is an interview. Once you finish the interview process, you cannot tell them to leave the room, but ask them if they would mind leaving the room, then have your discussion with respect to that issue. It goes of record anyway, no matter what you say and they can read it in the record the next day, Yau arc not facing the individual. I am a little more hesitant to do that with 2567 PELICAN BA Y ADVISORY COMMIITEE August 6, 1997 IbG 1 respect to an advisory committee when someone is sitting on the committee, but is an alternative idea. Mr. Tom Brown stated that it is a County Commission decision. They go to Mr. Ward and he then pells the committee. I think Mr. Popper is right and it is working very well. If somebody wants to change it, they should go to the CoTMÚs.sioncrs. To me, it is a non-issue. Mr. Harrell stated that you arc now talking about doing it publicly, when it has never been done publicly. In the past we have all gotten a list and given Me Ward an opinion one on one. We do not even know what each other is doing. I have never known who was recommended. Mr. Mudge stated he found out because he asked. If we are going to have a public discussion, then why not have the aspirants com~ and give us ? background pitch. I am all for doing it as we have in the past and not make any change. Mr. Popper movuJ, seconlÙd by Mr. Flatto and approved unanimously to conti/Ule the ulection procas the way it has hun, as long as it comp[jQ with the Sunshine Lmvs. Mr. Ward replied that in his núnd it is black and white. What you tell me is nothing more than information gathering. I may choose or may not choose to accept your recommendations. The recommendation to the County Commission is in fact my recommendation. If you want to make a change to that, then you get out of the black and white issue. I do not me.?.n to be hard. but Mr. Pires knows that I am talking about. Mr. Popper asked if what has been done complies with the Sunshine Laws? 2568 ~.~~~~"~""';',..,......,w.;.IIIQ~"'VU'..?IIV~~'Wf~~"'''''''''''~''''''_'_~.~''''''''''''''''''-.-,r_.~ .....lI......-:"9f'.~:iI IbG 1 PELICAN BAY :illV1S0RY COMMITTEE August 6, 1997 Mr, Ward replied that the way he interprets it, "Yes". It is information gathering. Mr. Werner asked ifMf. Pires was comfortable with that situation? Mr. Pires replied that from the information gathering process, it is clear that is not a problem, Mr. Popper asked if Mr. Ward was obligated to tell anyone on this committ~ what his recommendation would be? Mr. Ward replied "No",? Mr, Mudge stated that you know who has been recommended because the County Commission says who has been recommendeu, Mr, Harrell stated that Mr, Ward should ,ot be telling anyone what the polling members said, Dr. Varley stated that Mr, Ward has indicated that this information is collected for his information, Mr, Ward stated that it has to be clarified that whether he chooses to do that or not, is his choice. I do not have to call you and ask your permission to do this, Mr. Hermanson stated that there are other advisory boards that do the very same thing, am on the Environmental Advisory Board and staff, who is the equivalent of Mr. Ward, does the sa.'11e thing and there has never been a problem with it. They ""ill ask individuals, ....ithout telling the others what they think and there will be a recommendation by the County's staff to the Board of County Commissioners as to whom they \....ould like to see placed on the Board No one else knows and the Board does make the final deci:;ion It is exactly the way it is done here and I have never heard of a problem in the past 2569 ----- - , J. ..': . ~ ...." .. . .".1 ~-; PELICAN BAY ADVISORY COMMIITEE August 6, 1997 16G 1 Mrs, Obley stated that as a member of this Committee, she has found it helpful to get the resumes of the various candidates. 1 have found weaknesses in my own ability. I like the legal aspect, the number aspect of it and the business aspect of it. Sitting here with the resumes, even though we may not know the people, from their background we can determine if they would make strong members or not. I would encourage our reviewing and providing a recommendation. Mr, Griffith asked if we as a Committee could make a recommendation on the criteria of what a member needs to be, rather than just select who a person is? Can we establish what background would be necessary to be on the Committee? Mr. Ward replied that we could not. Dr. Varley stated that it is up to the indivj-~ual to apply and we have to consider those that apply, What I see the proc~ss is, that in our collective opinion, which would be the best candidates for membership on this Committee, We would render that as advice to Mr. Ward who in turn would render his advice to the Commissioners. Mr. Michael Simonick stated that he is a member of two ad'v;sory boards in the County and we go through this process, We talk about it openly and vote abolJt it openly and keep it very much in the open. My suggestion is to ask County Staff what is right on this. It sounds as if you are not quite sure, If we have ever had a question about Sunshine Laws, we have always gone to County Staff, meaning the County Attorney Dr. Varley stated that we will continue as we have in the past and have a role in making the recommendation to Me Ward and to the County through Mr. Ward. Mr. Ward stated that he has to be very clear on this issue. Your role is only to the extent that I make the decision to call each of you and ask for information, If I choose not to do that 2570 PELICAN BA Y ADVISORY COMMIITEE August 6, 1997 16G 1 and as a matter of policy you cannot require me to do that, unless you have a discussion openly at a public meeting. That is the way it has to be. Mr. Pires stated that anything beyond that does violate the Sunshine Laws. Mr. Harrell stated th4t we can make recommendations to you, but you do not have to follow them. Mr. Ward replied that he does not have to uk and I cannot tell you what you sajd as a group. Once I have written the recommendation by Executive Summary to the Board of County Commissioners there is no problem, (MR. PIRES LEFT TIlE tvŒETING AT 3:45 P.M.) DISCUSSION OF PROFESSrONAL ENGTNfERfNG CONTRACTS: Mr, Ward explained that at the first meeting in July there were a number of issues brought up in relation to engineering. I wanted to take a few minutes to go through how you hire professional consuJtants in this State under the Statutes. Understand it only relates in this instance to Professional Architectural, Engineering, Surveying. and Mapping Services. Those are specific Department of Professional Regulations kind.! of services under the Statutes, In Florida we use what is called the Consultants Competit:ve Negotiations Act which is Chapter 287 of the Florida Statutes. Mr. Ward çontinucd th.n theway this Statute works is that you go through what is called a RFP or Request For Proposals. You outline in your RFP what the level of services are that you are looking for from the professional that is going to be providing this sernce. It can be pretty simple or very detailed. What you will get back is a proposal from those engineers and they wi!J have attached to them Standard Form 254 and 255, Those are Federal Forms that outline for you 2571 a..__...-_............_ ~_"", _ ____..--____..._.._ _~_. PELICAN BAY ADVISORY COMMITTEE August 6, 1997 16 G l' two basic things. One is the size of the firm, the number of people within that firm and the projects that they have worked on. The second form is a little more detailed and contains the number of people employed and by ranking whether they are Civil Engineers or surveyors, etc. From those two forms, they are generalJy sent to whoever on the Board is making the decision, to come up with a number of rankings of those individuals based upon criteria that you have established or decided to establish. You then can have interviews if you should desire and to the extent that you have received more than three proposals, you by law have to rank at least three of those engineers ] ,2,3. On~ they are ranked, you then authorize someone to enter into negotiations with the number I ranked firm to bring back to you at sometime in the future, the contract for services that outlines the basic businr-.s terms and conditions of the contract between the engineer and the entity. This should have a schedule of rates attached to it. By that I mean hourly rates, by category for ¡he professionals that are in that firm, You would then accept that contract. Once you sign that contract, that is what we call a continuing contract and are the kinds of contracts I sent to you that we have in place in Collier County, along with specific continuing contract with we have for PBSO with Wilson, Miller, That allows you, based upon continuing contracts to negotiate either on a time and material basis or a fee basis, to perform a specific job by the engineer, etc, Mr. Ward continued that the County went through the CCNA process in 1995 and signed contracts with five Civil Engineers in town. The contracts were all exactly the same and we call them continuing contracts. It aHows you to hire anyone of the fimls, but the total compensation to any ont: firm pursuant to the contract cannot exceed S500,orJÛ. I would think it is in anyone year, because it is county-wide. IntemaJly within the County there is a specific procedure on how 2572 ... '... ",,:" - } . /. ~ :"i~,~':1 ~': "#\'~~ :.r: :..../- " ~ ~ t·...._ ...., ":~...("'·r· "f"·~,.~ ~".!"., - ,,' .~.~:!::.~.. "~ . ;~; '..>.~;·I~ :. ..~ :. ~ . ..\" - ~. y' i" :' 16G 1 PELICAN BAY ADVISORY COMMITTEE August 6, 1997 you retain one of them. You can negotiate a specific fee and if it is under S 15.000 I can issue the Purchase Order directly. Ifit is over S15,000 it has to go to the Board of County Commissioners for proceuing. It cannot exceed $90,000 for any one firm. Mr. Ward explained that what wu abo provided to you is an analysis of the current rate structure by category for an of the finns that are available to work within CoUier County. You wiU notice based upon variou3 categories, there is not a whole lot of difference. It just depends upon the engineer and how detailed they got on their proposaJ for the specific fee structure on an hourly basis. Hole, Montes is probably one of the most comprehensive ones that I saw, at least in the things that we do for a living. I benched that against the 1991 rate structure we are using fÌ'om Wilson, Miller through the old PBID. As wr; move into the future as it specifically relates to Clam Bay, trom a general enginttring perspective, I do not reaJly use them a lot, only for tax rolls and items such as Plan Reviews or items that come up as a result of you requesting something. As it rclates to the Clam Bay Restoration, we are going to need some engineers to do some work as it rclates to the improvement program, Mr, Ward explained that there is no action that needs to be taken, but wanted to bring it to your attention and answer any question as it relates to the process itself. This does not apply to p..¡rchasing flowers or things of that nature. It hu some other applications, none of which you \\iU see, i.e, auditors, etc. It is not like the private sector. Mr. Werner stated that this is a disgrace to the free enterprise system, but there is not much we can do about it. 2573 PELICAN BAY ADVISORY COMMITTEE August 6, 1997 16(j 1 Mr. Ward replied that there really is not much you can do about it. It is designed to allow you to pick the most qualified individuaJ without negotiating a price. I think price ought to be a part of the negotiation. Dr. Varley stated that he understood this issue came up as a result of a proposal from Wilson, Miller that this group thought was excessive and the question came up if we could have competitive bids. I am not sure I know the answer to that. Can we have competitive bids amongst these five finns? Mr. Ward replied no. I can go to anyone of these five and ask for a surveying job and provide the parameters and ask for a proposal. You have to negotiate in good faith to enter into a contract with that engineer. That is a pretty sul,stantial burden under the Statute. You really have to try to do your job, To the extent that you come to an agreement on the price, that is the deal you have got to cut. If for example Wilson, Miller said it was going to cost "X" and we all knew that was exorbitantly high, we could say at that point that we are going to negotiate with another firm. You can't do that simultaneously. You have to do that one at a time. Dr. Varley stated that is the craziest thing he has ever heard. Mr. Ward stated that what he thought was important and brought up to you was that you are not necessarily tied to the use of Wilson, MilJer. We havc a series of rates that are substantially lower than the current rates. I know that Wilson, Miller has been asking for a year or two for a rate increase to the current rates and I have said "forget it", 1 assume they have not made a big issue about it beC4use we do not do a lot of work with them. As we move into Clam Bay I wanted to point out to you that you clearly have options. We can look at these other firms with respect to providing ongoing engineering services, 2574 PELICAN BA Y ADVISORY COMMITTEE August 6, 1997 16G 1 Dr, Varley stated that at the last meeting having decided that this item looked on the high side, we could then ask you to go with another engineering firm for another rate? Mr. Ward replied that in the future we can. Mr. Werner asked that if we were talking about a $9,000 survey from Wilson. Miller and we said that was ridiculous, go to Hoe, Montes, If Hole, Montes comes in at $ I 0,000 does that preclude us from then going back to Wilson, Miller? MI. Ward replied that yes, it does. Mr. Mudge asked if these were time and material jobs? Mr. Ward replied that it can go both ways, Mr. Mudge stated that some engineers tah more time than others on a project. Mr. Ward replied that with the CCNA process that is the hard pan, You really need to be comfonable with the consultant and most specifically with the people that are in the firm doing the job, Mr. Mudge stated that we used Wilson. Miller with the PBID because we were used to working with them. Mr. Ward replied that you actually went through the CCNA process. The Board of Supervisors went from a board elected by Westinghouse to a Board ejected by the community and went through the CCNA process. I cannot remember who all submitted, but they went through and ranked them, We went through contract negotiations and signed a contract with those engIneers. Mr. Flatto stated that in this report, I find that the liability limits required of these consultants to be totally insufficient. A Total of $300,000 is totally inadequate for any consultant 2575 - ----.-_ ·._.0._--- .... PELICAN BAY ADVISORY COM1vfiITEE August 6, 1997 16G 1 in Pelican Bay, The minimum, in tenns of both automobile and general liability, should be $500,000, If there were a serious catastrophic situation in Pelican Bay as a result of the actions of one of these finns, we could be in serious trouble. ST A TUS OF OPERA nONS (PBSD)¡ Dr, Varley explained that we have hassled Mr, Ward for some time about an update of how things are going in the Servi~s Division, Mr. 'Ward explained that with respect to the exotic removal program in the water management system, we did start the removal east of the berm starting at the Registry Resort and continuing through the Commons at thi" point. It looks particularly good at this point with the exception of the area behind the Heron, which is very barren. There were a lot of exotics in that area. We have had a number of phone calls from Heron residents. In the FaJl when all of the residents get back herc, we may need to undertake some improvements in that area. What we are indicating to those who C4JJ is that we would like to let it grow. I would like to let that area grow a little and see what comes in naturally, without having to spend any additional capital or operating doHars, That is one of the worst areas, We are up to the Glenview boardwalk area now and that looks very good and they should finish to the tram turn around in the next few weeks, That is the first phase of operation that we have a budgeted, authorized bid for and that was awarded for completion this fiseal year. Dr, Varley asked if the County was domg their side of the berm? Mr. Ward replied that the west side of the berm has been completed and was completed before we started our work. The County actuaJly awarded the Lid for the west side of the berm in what we call Systems II and IV, which runs from the tram north to where the berm ends on 2576 ----.....---- - PELICAN BAY ADVISORY COMMITŒE August 6, 1997 166 1 Pelican Bay Boulevard, I have because of pricing issues, asked the COntractor to provide us a Proposal Quote to clean out the area on the east side of the berm in that Iocat;on. I may come back to you in another thirty days or so, if the price is good. to possibly authorize an amendment to the existing contract. I noti~ in the bids that we got on the east ~de of the berm in Systerm I and II, we got the benefit of mobilization and demobilization on that job, by virtue ofbdng part of the County contract. r am wondering if we are going to get that in Systems ill and IV and that may be coming back to you, depending upon how those numbers come in. That is proceeding well and it looks good. There are a lot of exotics in there, especially in the Heron swale. It is all hand work. They have cut it down and done a good clean up job. Dr, Varley asked how long before it woulcl have to be done again? Mr, Ward explained that the way we structured this tabulation is that they go in and cut it. They will then treat the stumps that will then die. I think probably every three to five years we will need to go in and redo it. If we get enough growth going into those areas that are not exotics, that may help keep some of those Brazilian Peppers down, That is what we are going to try to focus in on. Mr. Werner stated that there were folks in the Heron that had gone away for a couple of weeks and when they came back felt that there had been a naturaJ disaster. What he was telling me was that this was a surprise and asked why they had not been told you were going to do this? Mr. Ward S!ated that we actually did. We specifically notified each of the condominium presidents and told them we were going to be in there getting rid of exotics, and asked that they please tell their residents what was going on. Now whether they did or didn't, I do not know. I do know that we did that for every condominium along the berm. 2577 ~......"",,--,.,.....-.-..._- - ---.- PELICAN BAY ADVISORY COMMITTEE August 6, 1997 1 6 G 1 Mr. Werner stated that he was not aware of that and wi!l notify this gentleman. Dr. Varley stated that last year when the mangroves started dying they did a mitigation program about this time of the year, where they took long pods and stuck them in the ground. A lot of those grew, but did drown when we got the rain. Is it possible when thc::y are in there cleaning out, to stick those pods in and maybe we can grow mangroves out there. Mr. Ward asked if he wcu talking about the east side of the berm? Dr. Varley replied, both sides of the berm. Mr. Ward expla.incd that he would stay away from growing those on the east side of the berm and try to grow some other aquatic plant. On the west side of the berm there is a huge understory of mangroves and are in excellent shar-c. I would try to stay away from it on the east side of the berm. Those are a protected species and trying to maintain those is impossible. Dr, Varley asked if there were no mangroves in there now? Mr. Ward replied, not on the east side of the berm in those locations, Mr. Ward continued that the lake treatment speaks for itself Mr, Popper stated that Mr. Ward may want to take a look at the lake in Oakmont, there is a lot of algae (MR. TOM BROWN LEFf THE MEETING AT 4:20 P,M,) Mr. Ward explained that the Aquascaping Program is interesting. The program was started a couple of years ago, primarily in the golf course lakes where we have gone in and removed many of the cattails and put in a lot of natura! plantings that help filter out some of the pesticid~s and hubicídes. It really Jooks great. Mr. Popper asked if the golf course pays for that work? 2578 PELICAN BAY ADVISORY COMMITIEE August 6, 1997 16 G 1, Mr. Ward replied that they do not. That is part of our water management system. The best location this year was the Sandpiper swale wruch is the swale just to the south of the Sandpiper turn around. We put in 6,000-7,000 plant materials in that particular location, If you look at that now, it is starting to take hold and really looks great. We have more of that planned for next year. We tave. not had much success in the Georgetown lake. The Registry lake looks good at this point, Mr. Hermazuon stated that a lot of times what I see when the grass is mowed, the clippingJ go in the lake, I don't know whether those are ever cleaned up or not, are they? Mr, Ward replied that they are not. They drop to the bottom and eventually fall out as part of the system. Mr, Hermanwn uked if that could ever become a problem? Mr, Ward replied maybe twenty years from now it might. It tends to build up on the bottom and you will see pop ups from time to time, but they are not huge problems. ;tiM Mr. Ward continued that ",ith respect to the community beautification, modifications were made to the irrigation zones and should be complete by the end of September, It has worked out very well this year, when we had to v.ater the plants every day and not have to water 500' of median. We could just irrigate the flower beds th~mselves, One of the questions always asked is what happens when it rains and you are still watering. Those will continue to be problems until such time as we are able to upgrade the irrigation system, wruch is scheduled for the 1999-2000 time frame. We have senson on the irrigation system now to 50me extent, but it is manual. There are literally thousands of irrigarion heads in trus community and we try to work that the best we can, That is a continual problem. 2579 PELICAN BAY ADVISORY COMMITTEE August 6, J 997 16G 1 Mr. Werner stated that if you do not want to water you have to go around and turn off the faucets by hand and there are a hundred valves in this area. Mr. Ward continued that the replanting program contained a number of issues. The U,S. 41 buffer hedge for U.S. 41 has been installed on the front side of the fence and the final section was put in a few months ago. It was small plants and they are starting to grow and are doing relatively well. We have had a number of questions trom people who live aJong the 4 J buffer, specifically along the OaJanont and Pelican Lake Village area concerning the noise from U.S. 4 I in this area. You will notice that when the Barrington Club was constructed they put in a concrete fence which looks like a wood fence. That h3.s been requested along Oakmont and is extraordinarily expensive, It has been indicated tr\ those requesting this work that if they want to work: with staff and put toot fence up, we -µ.;!l show you the location so that there is a consistent location throughout Oakmont and south of Gulf Park Drive. They are doing that at their expense, Mr, Popper noted that near the Registry in the Seagate area there is a wall placed there for soundproofing which is made of Styrofoam and is stucco, You may want to look at that material. Mr. Ward continued that the lighting issue is in the budget for next year with respect to locating a replacement for the existing fixtures that run along the Oakmont Lake bank and to some extent along Pelican Bay Boulevard, We are in the process of locating replacement materials, The existing materials are no longer manufactured and they are so bad that even if they were available I would not recommend spending any more money on thosc things. We are trying to find something relatively inexpensive, but substantia!iy stronger. I wouid like to find a solid concrete pole jf we can find something reasonably priced, 2580 PELICAN BAY ADVISORY COMMlll.EE August 6, 1997 IbG 1 Mr. Ward reported that FDOT has completed the alignment of U.S. 41 which wiIl be bid 10 1998, with construction to begin in 1999. They have indicated that there are no additional easements required from the Pelican Bay community for that widening project. Now that that is not a necessity, I assume that program is now on schedule. Dr, Varley asked how much intrusion there would be on the berm? Mr. Griffith replied that there would be none, the edge stays the same, The median is so wide that it will be done the same as it ha! been to the south of that area. The whole issue was drai113ge and they would have needed to go beyond the right-of-way limits and they have been able to solve that issue, Mr, Popper stated that years ago we iad talked about beautifying the median and Westinghouse at that time talked about providing the conduit for the irrigation and asked where that now stands? Mr. Griffith stated that he could not find anything that stated the sleeves had been installed under the road. Mr, Werner stated that he thought the Pelican Bay Propcrty Owners Association were working on that issue, Mr. Popper stated that he feels that should be put on the agenda some\...,here so that when the road gets widened, we should have that entire median landscaped, Dr. Varley stated that he thought it had been determined that it was out of our jurisdiction. Mr. Popper stated that this area is no different than Airport Road and there is some mechanism to having that beautified. 2581 PELICAN BAY ADVISORY COM:MITTEE August 6, 1997 16G 1 Mr. Ward reported that is being done through the Naplescape Program, the Pelican Bay Propert)' Owners Association and WO. I understand that Mr, George Botner, a local landscape architect has been retained to do those plans for US. 41 from Gulf Park Drive north. I was also under the impr~sion that the Naplescape Program, the Pelican Bay Property Owners Association and WCI were is someway funding that. I have gotten a number of phone cans as to whether those sleeves were there and my resp<ïnse was that I do not think s<>, I know they are addressing how to get water out there and I know they have retained Mr. Botner to do those designs. That is moving along and I believe Mr. Hoyt would be most knowledgeable about that issue. Dr. Varley asked if we could be sure that sleeves were put in the part that is going to be torn up? Mr. Ward repJied that he can not assure that, but would have to figure out how to do that. Mr. Griffith stated that being familiar with that, it is not a Committee responsibility and I will look at doing that through WCI. Dr. Varley stated that it is not our responsibility, but s<>me day that is going to landscaped and when it is it, is gcing to have to have water, It would seem to me that running pipe under that road when it is all dug up makes sense, Mr, Werner stated that with regard to Clam Bay it mentions that the purchase orders were issued for the pumps and asked if we were going to have pumps sitting out there, Mr. Ward replied that only the purchase orders were issued and ¡fthe pumps were needed the contractor would be called to have them delivered. If they were not required, then the purchase orders would not be used and the money would not be spent. 2582 PELICAN BAY ADVISORY COMMITTEE August 6, 1997 16G 1 MI. Ward reported that we are now in the Public Comment Period wruch expired August 21. Fish and Wildlife h.u asked for an extension to this period, which has been granted, so by the latter part of Septembtt, ~ Public Comment period from the Corps. p¢T'ITÚtting requirements win be over. I understand that the Regulatory agencies will be on site within the next two to three weeks to view the site. I believe there will be a lot of discussion relative to the spoil disposal issue that was brought up by The Comervancy. That is moving along in a very good form and fashion at this time and I will know a little better by the end of this month. Dr. Varley stated that his condominium got a letter from the Army Corps of Engineers asking if they had any objections. The comment was made that if we approve of it, what about sending the letter to them. Would it be again~t rules or regulations if we encouraged other condominiums to do the same thing. Mr. Ward replied that the letters were sent due to their proximity to the affected areas. It does not break any laws to encourage others, if they approve of the Plan ,to write their opinions of it. That is what the process is all about. Mr. Ward continued that with regard to the Capital Improvement Budget Fiscal Year 1997-1998, We are actually a little ahead of schedule on the five year Capital Improvement element. The middle part of Fiscal Y car 1998 we will start thinking about the design elements for the irrigation system so that we are in a position in 1999-2000 to implement that. That is a year or so away. Mrs, Potter, Dorchester resident, expressed her concern that from where she lives she can see hundreds of mangrove trees that are dead and it is spreading. I fear that the Management Plan 2583 . I ... ^. ,I 1.'" .,....~ þ". I.. ......." ...~'Ç"'(I -ill" _It- 'J. I~ ...)~'t:..,......-.J.~, '-, "':'1 .':.t.~, ...'11-- ..;.;-t...~ .1 .~........:. J 4. ...¡. -;:."'...~....__::...., ~:'/'\ . " . ',,, ..' I' ,.'t'·---'''·J.t\'''..c.~.'''~~...)o~.,.~;,.";.,,,~t.·tils:!......'''\f>-:.::!-'. .~fA~..r{þ':_"""l"_' "Þ--.Þ/t;~.~ -"",>'.;'(}..r., -T,'-!...l\IJr"'~-"" .£."1 ....y~ " J" ." ....... 'Io} ... :".~:"\"\. >,:, ~ -;..'~' ......' ,-,'.,,"#. '.;~'>,.-. ~ ''''1,' " "'l.:--~'" ,Y'" /~.~ .~.-~ "1.",___..~ . ".:_. .7',' ~,' ~ì- ~ - V T - - - - .. PELICAN BAY ADVISORY COMMITTEE August 6, 1997 16G 1 when it says they are going to do nothing in the south end, that area will end up like the north end in about a year. Dr. Varley stated that u he understands the Restoration Plan, it will be of u much affect on the south end as it is to the north. Increasing the circulation and getting the water to flush back and forth is going to affect the totaJ area. MIS. Potter stated that may be right. but Clam Pass is closing up again. Dr. Varley replied that is part of the Plan z.Jso. Dr. Varley stated that Mr. Ward was going to ask the County if there was any provision for financial help in their b1Jdget either under the NRP A or somewhere else and asked what his findings were? Mr. Ward replied that has not been done and is on his calendar to be done. I wanted to get a little further into this prcgram and will have an answer for you next month. Dr. Varley asked ¡fthere was any money left in the County NRPA Budget? Mr, Ward replied that there has been money allocated for Fiscal Year 1998 and does not remember the number. They have pretty much spent all of their money for this year with the Exotic Removal Program, I just don't remember what is in the budget, but I believe they increased it a litte over 1997, Dr, Varley stated that the issue came up here that we ought to be putting the County on notice that we have not totally given up on their making some financial contribution to improving their property, I guess the question is, should we do it and it isn'r going to happen after the budget has all been finaJized. Mr. Ward replied that he would do this, 2584 ~.-.-,.,-._.. -.'-" _.. - PELICAN BAY ADVISORY COMMITTEE August 6, 1997 16G 1 COMMITTEE REOUESTS: BTKEPArn~ Dr, Varley stated th.at after the last meeting MI. Ward was going to go back and clarify where we stood on the bike path issue. A3 I understood it after the last meeting. it was hoped that there would be a public meeting sometime this Fall and nobody really knew who was going to organize this meeting and how it was going to be set up and when the stripping program was going to take place. Me Ward replied that with respect to the stripping program we are worJcing with the County now on getting some overlays and that won't happen. until the very earliest, the Summer of next year. It is relatively expensive not just t~ do the stripping. but I am trying to get them to come in do some overi.1ys also tc fix some existing problems we have out there. It is going to happen over a the period of time of a couple of years. With respect to the bike lanes, since I did not get a lot of SUppOr1 out of the Advisory Committee, I thought it was really with the Foundation's Committee and I know they were worJcing on bringing that to fruition in the Fa]) in tenns of a public hearing. The concept was to wait until September or October and then we would schedule with the Advisory Committee a Public Hearing after Thanksgiving or in concert with the Annual l\1eetings and I would do that with you at that point in time. Dr. Varley asked if it was Mr. Ward's undeß1anding that the Foundation was leading this issue? Mr. Ward repli~d in the affinnative. 2585 PELICAN BAY ADVISORY COMMITTEE August 6, 1997 16G 1 Mr, Werner stated that the motion was made to endorse the proposal and I made the suggestion at that time to wait until Fall and have a Public Hearing and that we would be responsible for the Public Hearing. Mr. Ward replied that we would be responsible for the Public Hearing. but it would be coordinated through the Foundation on how to get the notification out. PR01ECf MANAGER Mr: Werner stated that he would like to have scheduled on the Agenda. some discussion about whether we should continue to talk about having a Project Manager for the Mangrove Restoration Plan, MORE BOARD fNYOLYEMENt Mr. Werner stated that he would like to see more Board involvement in the beginning on items which come before the Board. The question is how do we do that without violating the Sunshine Law. According to the County Attorney we can have fact finding missions, but cannot make recommendations to the Board. I really think we should be more involved at the beginning on some of these issues rather than rely upon Mr. Ward's judgement where we just say yes or no, Dr. Varley stated that he read the letter from the County Attorney and it sounded very discouraging and asked if Mr, Werner wanted this to be placed on a future agenda? Mr. Werner stated that he would like to put it on an agenda and see ¡fit is worth pursuing. Mr. Popper agreed, For instance we are talkjng about lights around Oakmont Lake and we as a Board should be able to say we do or do not like the lights. 2586 -.-.-'...+--.-.-.......-..... ~ -. --... w~-'_· 'a~'" ---- - - - -'-1 PELICAN BA Y ADVISORY COMMITrEE August 6, 1997 16G 1 Mr. Werner stated that we should be able to get involved early and look at different sets of lights and work with Mr. Ward. When we get into the flower plantings or the 4 I beautification program, etc. , we should be involved early on. The budget is a primary example. Dr. Varley asked if Mr. Werner was asking that someone work with Mr. Ward and oversee a project or what? Mr, Werner replied that is a good example, Dr. Varley stated that we could certainly do that, for facts only, Mr. Ward stated that when you appoint someone to do it, it becomes an issue before the Board and is therefore a violation of the Sunshine Law, Mr, Popper stated that if we saw a light fhture and reported it to Mr, Ward, it is then up to him to research the product and report back. Any further involvement than that becomes a violation of the Sunshine Law, Mr, Ward replied that to the sense that you as a Board appoint someone to do that, you are not in vioJation, it just subjects that item to requirements of the Open Meetings Law which means those meetings have to be noticed and recorded. I really don't have the desire to do that. Dr, Varley stated that right now we are really reactive. Mr. Ward right now proposes and we respond. What I have heard Mr. Werner say, is that if each one of us should begin in an area to be a little more proactive and suggest a program for the lights, etc. and asked Mr. Werner if that is what he is proposing? Mr. Werncr replied in the affirmative. I would also would like to see some involvement by the residents of Pelican Bay and according to the County Attorney, as long as they are fact finding and not making recommendations, that can be done. If you are appointed, you are subject to the 2587 .. 5'&.,.. _ ...""'.~ ----- -.--- _...-- PELICAN BAY ADVISORY COMMIITEE August 6, 1997 16G 1 Sunshine Laws. If you volunteer, I think you could get a couple of residents and then come back and give the facts. Mr. Mudge stated that individually, and I have done it every year for the past eight years, done a lot of work on ad valorem versus assessments. I have spent a lot of time on it and bring it up at least every two years, I then give it to you, discuss it and then you vote against it. At least 70010 of the people in Pelican Bay would gain by going to ad valorem. I do that work, I give it to you and you look at it Sometime that is going to happen. I could do this with a committee and others could do it in their field of expertise. That is not a Sunshine Law problem. Mr. Werner stated that he would like this issue pursued. Dr. Varley asked that this item be inch·jed on the next agenda and in the meantime everybody begin thinking about how you feel, what you would do about it, how it can be embellished and how we can get it going, THE CONSERV ANq Dr, Varley stated that Dr. Guggenheim had some comments that he would like to make, Dr, Guggenheim stated that at the last meeting some progress was made and there was some unmistakable frustration that TIle Conservancy help this process along. We believe that the technical review is important, helpful and valuable. I am here today to offer our additional help in other ways. The first way is 'NÍth the water quality analysis data in the amount of S2,600 which was voted down. We would like to offer to do that analysis with our own staff and resources at no charge, for the simple reason that is important information that we a1l n¢ed to know. We share your fi-uslration with the fact that information has been collected and is sitting on a shelf. I think 2588 PELICAN BAY ADVISORY COMMITIEE August 6, 1997 166 1 we would all benefit trom getting an answer trom that information. All we would need to get started is your blessing and the data.. Dr, Guggenheim continued that Item #2 is that we have taken the initiative to go out and start looking for alternative sources for funding that ßÚght be able to be set up in a sort of matching arrangement to increase the budget. That ßÚght provide opporturuties for us to explore in a more meaningful way additional alternatives that right now we are considering as being too expensive, An example would be hauling spoil off site, so that we don't have to deal with spoil i1lands, Of course, what we are talking about is changing the rules of the game a little so we have some more funding. There are funding opporturuties out there that have not been pursued. 1'11 present you \llÍth 30me organizations which do FJnd ecosystem restoration projects like this. I have ta..lked with Mr. Ted Brown about this and he is v~ supportive and we are brainstorming this together. Dr, Guggenheim continued that the third item deals \llÍth what we expressed as one of the best parts of the Plan and that is dealing \llÍth stormwater run off, which is also one of the most important parts of the Plan, Florida Yards and Neighborhoods is a very good, educational program that helps create a better environment dealing with irrigation and stormwater runoff, We would be \IIÍjng to commit our staff to serve as a liaison to the County office and help administer that program and work with residents here in Pelican Bay to kick off a Florida Yards and Neighborhood Program that I think would have immediate benefits to this process. Those are three areas that we would like you to consider. I would like to stress that we are here to help the process along and want to continue our participation on this critical1y important situation, It isn't getting better on it's OViTl, it is probably getting worse and we want to do what we can to help. 2589 PELICAN BAY ADVISORY COMMIITEE August 6, 1997 16(j 1 Dr. Varley replied that he thinks that is wonderful and a quite generous suggestion to be involved. The only problem going through my mind is that if we are now going to reconsider the funding aspect, does that delay the program even longer? I have to say that I for one was very fi'ustrated at the way the la.5t meeting ended and did not see very much in the way of constructive help. I do with this offer. Dr. Guggenhcim replied that he would not expect this to delay things at a1l. The exploration of funding could go in parallel. Mr, Werner stated that we are in the Public Comment period and if we throw this into the game isn't this going to delay the process? As I understand it we are working under a pretty tight time frame and we have to gct things done before l1ext May and the turtle nesting season. Dr. Guggenheim stated that he believes that is right and Mr, Ted Brown would have to get into the loop 'vn that issue. All I can say is that our initial dialog with Me Brown has been very positive. I don't believe he would get on board ifhe felt there were going to be delays. (Ñffi. FLATIO LEFT THE MEETING AT 4:35 PM) Dr, Varley stated that there are two possibilities, One is to get help with the Plan that is now in the hopper, which is great. The other is to get financial help for a plan that is not in the hopper which has to be revised. The latter one bothers me because I see that this means a delay, Dr. Guggenheim replied that is really where we would start and if we strike pay dirt maybe we can get the match and maybe we can then decide to change strategies, The idea right now is to make sure we can maximize the resources that are available. Mr. Griffith asked i[the S2,600 was Conservancy money. Dr. Guggenheim replied in the affirmative. 2590 ~f'~ .~. .., PELICAN BAY ADVISORY COMMITfEE August 6, 1997 16G 1 , Mr. Griffith stated that he can understand where we might need to be involved In approving going along with th~ matdúng grant. Dr. Varley stated that this has been one of his frustrations. We have this data and have never looked at it and it has never stopped anybody from claiming that the water is in temòle shape. No one real1y knows for sure. My concern Wa! that we were having to pay $9,000 for data that was colJected u part of a County project, under a NRP A Program. I do think we should look into this. Dr. Guggenh~im stated that we would work up the st.atistics from the data that is available and present it to you 'NÍth some descriptive statistics, There would be no judgement or anything of that nature, 'NÍth the exception of describing t¡~ trends. Dr. Varley stated that he has tried to look at some of the data and one of the problems is that the methods that were u.sed have: changed. That is inevitable in science and how do you compare the old data with the new data. Also, I believe that limits have been changed and your analysis ought to look at that. Dr. Guggenheim replied that the analysis will include annotations to those pitfalls. Mrs. Obley stated that she does not see how this confuses the turtle season and I would say "go for it and thank you". Mr. Werner stated that he does not know much about the Florida Yards and Ncighhorhood Program, but understands that it is a real nightmare to get involved with. Mr. ?vlichacl Simonick explained that he was one of the developing members of the Florida Yard and Neighborhood Program when it started in the State of Florida about four years ago. I guess I do rH1t understand the characterization of this being a nightmare. It is a voluntary 2591 ~ PELICAN BAY ADVISORY Co.MMITTEE August 6, 1997 16G 1 educational program. The homeowners usociations are given slide presentations and education of the ecosystem and how things function. They are provided management practices regarding landscaping, designing of landscaping, maintenance of landscaping and stormwater runoff. Nothing is mandatory, It is all strictly educatio~ but hopcfuHy through an awareness of this folks mayor may not change their behavior or have their landscaping maintenance company change their behavior, You can have a yard that looks exactly the same éU it does now. The sense that you are going to have a brown yard because you are never going to water again is absolutely non- truth. People with F10rida yards have more beautiful yards, more green yards than they did before because they are doing it right, not killing their grass by over-fertilizing or over-watering. This program is a11 through the University ofF1orida. (MR. HARRELL LEFT TIlE MEETING AT 4:45 PM) Mr. Ward called Dr. Varley's attention to the fact that the Committee no longer had a quorum and that the meeting would have to end. Dr, Varley stated that he feels the members of this Committee that are not in attendance at this meeting should have a chance to consider this offer from the Conservancy also and suggested that trus item be placed on the Agenda for the next meeting and responded to ofIicia11y at that time. ADJOURNMENT: The meeting adjourned at 5:40 P.M, Dr, Alan Varley, Chainnan 2592 16G 1 r ~ ] "f MEMORANDUM TO: Pelican Bay Advisory Committee FROM: James P. Ward DATE: August 22, 1997 SUBJECf: Rec.ommend..tion for Project Manager implementation - Clam Bay Restoration In an effort to anticipate the positivc outcome of receiving a permit from the Federal, State and Local agencie3 relative to the restoration of the Clam Bay Ecosystem. it is timc to begin thinking about the consultanu neces.sary to implement the work efforts which will be required for the Clam Bay Restor ation Progra..ïl. The purpose of this Memorandum is to identify the various a.spects of the team efforts which will ~ required for this program. Generally speaking. the adrrúnistrativc efforts in this endeavor will ~ to put together the bid specifications and business terms and conditions of any construction contracts which will be required for this project. These efforts are anticipated to be coordinated between the Pelican Bay Services Division's office, the County Purchasing Division, the County Attorney's Office and the engineer who will be retained for the technical designs of the work cffort, Once the specifications have been prepared and reyjewed and approved by the parties noted above, the County Purchasing Division will handle the bidding and receipt of bids for these projects, The bids will then be transrrútted to the Pelican Bay Services Division for review and approval, at which time these bids should be reviewed by the Ac.visory Committee for a recommendation to the Board of County Commissioners for an award consideration, The devcJopmcnt of and adherence to tight time lines should be considered consistent with applicable legal rcquirem..;nts, The engineering design of this project can be broken down into the component parts identified in the Clam Bay Restoration Plan as follows: A. SEA GATE CULVERTS (DESIGN, CONSTRUCTION MANAGEMENT & INSPECI10N) The design of the Seagate culverts must be handled by a professional engineer whose prÍlr.ary discipline is civil engineering, Upon completion of the design plans as noted abovc, the Purchasing Division, Pelican Bay Services Division and the County Attorney' s Office wiJl assist in the final completion of the specifications for bidding and award, Subsequent to the award of bid, the design engineer must be retained to provide construction oversight management and inspection ser.;ces for - - ._- I 6 G 1 Pelican Bay Advisory Committee September 22, 1997 Page 2 the Se.agate culverts such that the design engineer will be in a position to certify that construction was completed in accordance with the plans and specifications and to provide that certification to the Pelican Bay Services Division. This certification ensures the construction management and oversight of Uús project by the de$Ígn engineer, and will enlUfe that the Seagatc culverts were constructed in accordance with the plans and .~fjcations and according to the permits that the Division received trom tho re¡uJatory agencies and wruch ensufC$ that any liability a.s.sociated with those Sca¡ate cuJvertJ wiJl rest ultimately with the contractor and the design engioœr. B. INNER CLAM BAY AND UPPER CLAM BAY EXCA VA nON The next m.o:jor construction item outlined in the plan is the phase of imp¡an~tation that deals with the dredging activity relative to the excavation in and around Inntr Qun Day and Upper Clam Bay and which are referred to as Cuts 1, 2, J, and 4 in the Management Plan, along with the creation of the spoil areas fTom this excavated material. The specific engineering design of these cuts wj]J need to be accomplished primarily by Tackney & Associates for the dredging activities and Dr. '5 Snedeker and Hillestad as it relates to the creation of the spoil isand3. C. ENVIRONMENTAL PROJECf MANAGER In addition, a firm who has environmental experience such as Wilson, Miller, Barton & Peek, Hole Montes & Associates, Humiston & Moore, etc. will need to be retained in order to morutor on a daily basis the implementation activities of the Plan. This oversight will need significant daily field inspection work to ensure that all areas are completed exactly as will be permitted by the regulatory agencies. D. INTERIOR TIDAL CUTS The next pha~ of operation will be the interior tidal creeks identified in the Management Plan and which design was primarily the responsibility of Robin Lewis, Accordingly, the final design for these interior tidal creeks must be complet~d by Robin Lewis and construction oversight can be handled by Robin Lewis' firm and/or the environmental consultant retained to work on the daily inspection of tht activities related to the excavation work in Upper and Outer Clam Bay. ~--~---...- .'-------------..-.- ~ 16' 1. Peljcan Bay Advisory Committee September 22, 1997 Page 3 E. MONITORING At the completion of all construction activity and depending upon the conditions that arise fTom the permits, monitoring activities will need to be implemented for Clam Bay and which will be heavily dependent on the final permit conditions and which are unknown at tms time. According1y, staff is not in a position to provide recommendation.! to the Advisory Board until these permit conditions are known, Finally, the freshwater management system component of the Plan entails a series of studies designed to manage the freshwater inputs of the Pelican Bay system into Clam Bay and which studies pursuant to the Management Plan should be completed no later than the year 2003. Permit conditions are likely to shorten this overall study time to three (3) years. Accordingly, the specific recommendations to the study parameten and costs will need to be developed such that these studies will meet the constraints imposed upon the Division by the regulatory agencies and further discussions with the existing consulting team will need to take place prior to any recommendation in this matter. In conclusion, it is staff s recommendation that the Advisory Committee implement the recommendation outlined above and which staff will begin the process to discuss with the appropriate consultants firm proposals which can be brought back to the Advisory Committee in the immediate future. - 0."_ ,.,_. .___.... .-.~________._-...".________ - r ~.;...... 16G 1 PEucAN BAY SERVICES DIVISION ClAM BAY RESTORATION FUND July 31,1"7 F.Y. a'7 Exp. peSD WCI Balan ce Budget To Date Portion Portion EXPENDITURES Environmental Coru;ult. Akerman, Senlerfltt, et. al. $ 100,000 $ 65,502 $ 42,751 $ 42.751 $ 14,496 Lewts Environmental SeN. $ 72,500 $ 64,928 $ 32,464 $ 32,~ $ 7,572 T8Ckney & A.s.sociat~ $ 4Q,OOO $ 45,021 $ 22,511 $ 22,510 $ 979 Wilson, Miller, ct. al. $ 90,000 $ 40,765 $ 22,767 $ 17,998 $ 49,235 Dr. Samuel Snedeker $ 5,UOO $ 4,864 $ 2,~32 $ 2,432 $ 136 Others $ 81,500 $ 11 .298 $ 5,919 $ 5,379 $ 70,202 Sub-Total S 395,000 $ 252,378 S 128,844 $ 123,534 $142.622 CapItal OuUay Improvements General $ 5.5,000 $ 15,459 $ 15,459 $ $ 39,541 Other Machinery & Equip. S $ 2,827 $ 1,413 S 1,414 $ (2,827) Sub-Total $ 5.5,000 $ 18,286 $ 16,872 $ 1,414 $ 36,714 Other Feu & CMrges Tax Collector $ 16,000 $ 10,214 $ 10,214 NlA $ 5,786 Property Appr.¡iser $ 10,700 $ $ NlA $ 10,700 Revenue Reserve $ 12,600 $ $ N/A $ 12,600 Sub-Total $ 39,300 $ 10.214 $ 10,214 $ $ 29,086 TOTAL APPROPRIATIONS l $ 489,300 $ 280.878 $155,930 $ 124,948 $208,422 ACCOUNTS PAYABLE - JULY & AUGUST DATE IN'I. NO. AMOUNT Akerman, Senlerfi!t & Eidson Akerman, Senterfrtt & Eidson Akerman, Serrterfrtt & Eidson Ak8f1Tlan, Senlerfrtt & Eid:,on Akerman, Senterfitt & Eidson Hilburn O. Hillestad Lewis Environmental Dr. Snedeker Dr. Snedeker Tackney & ~ates Tadu'ley & Associates WMB&P TOTAL INVOICES 04/16/~7 05/07/97 00124/97 07/15/97 08/11/97 0<4/16/97 07/02/97 04130/97 06130/97 07/013/97 08/07/97 00104/97 1748749 1847943 1880583 1914393 1949571 04-16-97 97117 04-30-97 06-30-97 0555 0558 5447 $ 15,902.27 ~ 13,572,36 $ 8,679,83 $ 8,315.02 $ 7,635,90 S 10,549,40 S 2,032.03 $ 412.50 $ 281,25 $ 978.87 $ 6,286.25 $ 1,441,00 r- _ _ $ 76,088.68 .. :..oot,;U ,.)~..-"..""I!"'Ç'" _"..,_""4..... .---,jt.... .\:io~ ~ ___~__________~_.___ ~_~...-........._~.íA.....~...........___...,...~ ~ 16G 1 ~ q eriff ¿a a 11 ~u11ter Collier County Govt. Complex Bldg. - J 3301 Tamiami Trail East. Naples, FL 33962 Telephone (AC 941) 774-4434 MR. WARD 801 LAUREL OAK DR. NAPLES, FL. 34108 AUGUST 13, 1997 DEAR MR. WARD, PLEASE FIND ATTACHED THE FOLLOWING: * JULY'S MONTHLY STAT REPORT * CRIME REPORT 5-16-97 THRU 6-15-97 IF I MAY BE OF ANY FURTHER ASSISTANCE PLEASE DO NOT HESITATE TO CONTACT ME. RESPECTFULL Y , C~r ~ ..L->-J! -- SGT. MARK D. ~IGAN DISTRICT ONE SUBSTATION cc: MR. BRAD ESTES Colli~r County Sheriff's Office C·,. i II1es by D.ay of Week 16G From 05/16/97 through 06/15/97 1 For Grid 1201 PELICAN BAY AREA STATISTICS Class ClAssification Sun Man Tues Wed Thur F'r i Sat Total ALL OTHER DEATHS e e e 1 e e e 1 ATTEt'lP SUICIDE e 0 0 e 0 1 e 1 CRIMIHAL ~ISCHIEF e 0 3 0 1 e e 4 DOMESTIC DISTURBAHCE 1 e e 0 0 ø 0 1 GRAND THEFT ALL e 1 1 e 1 e e 3 INFORt'lATION ONLY 0 0 e e ø 1 e 1 LOITERING/PROWLING e e e 0 0 0 1 1 LOST/STOLEN VEH TAGS 0 e ø e 1 e e 1 PlAKE HARASSING a e 1 e e a e 1 OCCUPATIONAL/COHSTRU e e ø 1 e ø e 1 PETTY /GRAND n:::rT :. e ß ß 0 9 '" 1 PROPERTY DAMAGE a a 1 e e 0 a 1 SUSPICIOUS INCIDENTS 2 e e e e e 0 2 THREATS / e e 1 e e e e 1 TRAFFIC ACCIDENT e e 0 0 1 0 e 1 ..zr. :... -=:::1 ::=:1::11' =:z.. ::1==- x::z::za ..== GrAnd Total: ~ 1 7 2 4 2 1 21 Collier County Sheriff's Office 16G DispAtches by DAY of Week 1 FroM 05/16/97 through 06/15/97 For Grid 1201 PELICAN BAY AREA STATISTICS Di5patch DispAtch Type Sun Mon Tues Wed Thu"r Fri Sat Total ALARM 24 15 2E. 22 23 20 14 144 Af'lBULAHCE 0 0 0 0 0 0 1 1 AHI"AL COMPLAINT 1 0 1 ø 0 0 0 2 CRI"IHAL MISCHIEF 2 0 e 0 0 0 1 3 DISTURBANCE e e 0 e 0 1 0 1 DRUG CASE e 0 0 1 0 0 0 1 EXTRA PATROL 1 0 e e 0 0 0 1 EXTRA PATROL/BUSINESS 0 0 0 0 1 1 0 2 EXTRA PATROL/RESIDENCE " e e 1 0 e 0 1 "EET ~ AT 7 -SUBJ TO CALL 0 0 0 1 0 e 0 1 NOISE COMPLAINT 0 0 0 0 0 ø 2 2 NOTIFY PERSOH/WELFARE CHE a e 0 0 1 0 0 1 REQUEST HELP/NON-EMERGENC 0 1 1 0 0 0 1 3 SUSPICIOUS INCIDENT 1 0 0 0 0 0 0 1 SUSPICIOUS PERSON 2 e 0 1 2 0 2 7 SUSPICIOUS VEHICLE e 0 1 0 1 0 1 3 TRESPASSING 0 1 e 0 0 0 0 1 UNVERIFIED 911 1 1 1 3 2 0 1 9 VERIFY VIH 0 1 1 0 e 1 0 3 _:a.. e..... .... =_c= ==== =::z== ==== ==:a= GrAnd Total: 32 19 31 29 30 23 23 187 16G 1 r ~MO~DUM I TO: Ptlican Bay Advisory Committee FROM: James P. Ward Division Administrator DATE: August 21, 1997 SUBJECT: Articles submitted to DEP on Spoil disposal methods as part of the Clam Bay Restoration and Management Plan With regard to the attached letters, due to the size of the articles which were attached, I have listed the articles below and are available in this office for your review if you should so desire. World Dredging Mining & Construction August 1992 Environmental Effects of Dredging August 1992 (US Army Corps of Engineers Waterways Experiment Station) City of Savannah's 14-Year Environmental Problem Solved Jet-Spray Dredgjng in U.S. FWS Wetlands Preserve for Abercom Creek Potable Water Supply Project for City of Savannah State of Louisiana Department of Natural Resources - Routine Program Implementation of the Louisiana Coastal Resources Program Atchafalaya Bay Maintenance Dredging - T. L. James Working 199 I Contract State of South Carolina Constructs 2.3-Mile 140' wide 10' deep channel Using AZTEC's Jet-Spray Abstract of Presentation on JET-SPRAY Technology Managing Dredged Material Via Thin-Layer Disposal Along Coast Marshes _ Rcview of Recent Projects by Ram Krishnamohan, Ph.D., P.E. Jet-Spray Thin-Layer Overlays of Dredged Materials for Wetlands Rehabilitation and Creation Aztec Development Co. - Why Use Jet-Spray for Channel Sweeping? Aztec Development Co. - Brochure - Approximately 40 pages. . -*._-_.~-_..._--,-_."' 16 G 1 ~ AKER.MAN. SENTERFIIT [1 EIDSON. P. A. ^TTOR.NEY5 )IT L^,~' CfT-US CC:~fTI[" ''!is ~OlJTIo1 o,......oc AVC"-v' ~ .. : } * I , , , "'''Sf' O"'''ICC: .0. .121 0·\........00 '10..0410'" 3'.Oa·O.:J' 'f""~~' fU' Cur~T tieL' THI ..·O.....~IJ"'TY IAO~ ......·'..0 TC1o..CCO..... ~o" .<421'..'0 August 15, 1997 Rich Bray Bureau of Beaches and Coastal Systems Florida Department of Environmental Protedion 3900 Commonwealth Boulevard, Mail Station 310 Tallahassee, FL 32339-3000 RE: Clam Bay Restoration and Management Plan Dear Rich: This letter is intended as a supplement to our first response to your first Request for Additional Information dated July 15, 1997. You will recall your request that we investigate alternative disposal methods in connedion with the contemplated dredging under the Plan. We have done so. Our goal has always been to accomplish the required spoil disposal in as environmentally responsible way as possible; recognizing the constraints of the site and our financial resources. As we have continued to research a variety of alternatives we have, in the last few days, gained additional insight into the potential of }etspray disposal and the technology involved in it. To assist you and your team in understanding the this technology, I enclose with this letter a series of articles describing the attributes of this system of spoil disposal and a video showing its adual opera~J caution that the size of the dredge being used in the video is I.arger than would be empl~~n Clam Bay, but the technology is the same. Note in the second segment of the video ttTaT 1tr~ ditches and canal have a very strong resemblance to Clam Bay even though they persist in a bottomland hardwood system. Additionally, I can report that there are substantial costs savings that can be achieved if this technology can be permitted and, not insignificantly, we can, by incorporating this disposal method into the Plan, eliminate the need for th~ spoil islands. We want to encourage you to look at this technology as we believe it not only has significant potential for costs savings, but more important, it affirmatively appears that it I') the least harmful to the overall ecology of Clam Bay, both during and post implementation, F In<llly, it also has the advantage of being able to be implemented in the field more quid Iv thereby reducing the time required for Oft\.AHOO "OIOT "'Au~"'n"...«; ...'AMt ....""L..........sscc T A.......A W«ST ~ALþoIf .CACH . ~--,--::Io""'_" -.--- --..-.-.....-., -~-_.-- -. -1. 16G 1 Rich Bray Page 2 August IS, 1997 implementation. There are issues which we are continuing to research, but we will want to discuss this with you in detail at our meeting on the 26th. Thanks (or taking the time to review this and we look forward to seeing you and the rest of the FDEP team. CC: Chip Clough Hilburn Hillestad Jim Ward Susan Watts AI Varley Ilene Barnett, FDEP John Inglehart, FDEP Karen Moody, FDEP -----. - . ---- __~~IUVJII-.'n"'~IJI!"""".,--""'.__...___ ..' ..._________.______ _'" .~ 16G 1 ^~ERM^N. SENTERFITT 8 EIDSON. P. A. ^TTO~NEYS ^T L^w C,Tltva a"TI:. ... 8ØVT.. ~I: "'VC"VC .9))-1«, .-oST or"'CC 80. .3' nav...c TIll ClI ""T AHe THI CO~~U""TY 0-\,,"'''''00 'L..OØhOA 21'80.'0.1'2' ...o~ ....:I.7..~ Tc'LLCOIIÞ"T 10401"') .....3...10 August 15, 1997 Chip Clough U.S. Army Corps of Eng¡n~rs 2301 McGregor Street, Suite 300 Ft. Myers, Fl 33901 RE: Clam Bay Restoration and Management Plan Dear Chip: Enclosed you will find a copy of my letter of this date addressed to Rich Bray at FOEP and the technical reports and video referenced therein. As you will observe, we think this technology has real potential for the Clam Bay site and will want to review this idea with you at our upcoming meeting. To assist the other federal agencies in a review of this idea, I have sent the enclosed materials, minus the video, to John Iliff, Kalan; Cairns and Haynes Johnson. We look forward to our site visit. Very truly yours, ~~ Cc: Hilburn Hillestad Jim Ward Susan Watts AI Varley John Iliff, USNMFS Kalani Cairns, USFWS Haynes Johnson, USEPA 0"",,,.. 00 '0'"" L.At.JO""OAl.C T.......L.......!\!I[[ weST PAL..... .CAC,.. MtAMI TAMP^ 16G AGENDA COLLIER COUNTy PLANNING COMMISSION \\7LL MEET AT 8:30 A.M., THuRSDAY, AUGUST 7, 1997 IN THE BOARD OF COlJNTy COMMISSIONERS MEET!NG ROOM, AD MINIS '!RA TlON BUILDING, COUNTy GOVERNMENT CENTER, 330 I T AMIAMI '!RAIL EAST, EAST NAPLES. FLORIDA: NOTE: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING 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 TIrE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTy COMMISSIONERS. 1. ROLL CALL BY CLERK 2. ADDENDA TO TIIE AG~1)A 3. APPROVAL OF MfNlITES: July 3, I 'J7 4. PLANNfNG COMMISSION ABSENCES; 5. BCC REPORT 6, CHAIRMA:-'"S REPORT 7, ADVERTISED PUBLIC HEARfNGS: A. P,"r;on No. R·97.. MM. R..odenb"h of Idyllllomc" loe.. """ling. '<zon, fwm RMF.6 fo< pwP<ny loco"" " <he intcncction of P", Am A vem,,, "'d <mod c"".¡ Driv" !iuth" de""",,, " LoI I, Golf lI.roo" loe.tcd in &enon 16. TO",",b;p 48 Sooth. R".c25 Ea., eon..ioin. .80 "". (Coordinator: Su.san Murray) 8. OLD BUSfNESs 9. NEw BUSINESS 10. DISCUSSION OF ADDENDA II, ADlOVR.."J Misc. COffes: t . (1 ~ '3 .(i '7 Oa~._ _ 8-7-97 CCPC AGENDA/md ,/ tlorr 1 s Hancock Coostlnt lot ,"c'K1t hrrJ 'I (. lte.7l'~ I!./ _-0), / ,--{ Cop:es To: 16G 1 TRA.NSCRIPT OF THE MEETING OF THE July 3, 1997 , COLLIER COUNTY PLANNING COMMISSION Naples, Florida, July 3, 1997 LET IT BE REHEHaERED, that thE Collier County Planning COmmission in and for the County of Collier, having conducted business herein. met on this date at 9,00 a.m. in REGULAR SESSION in the SW Florida Research and Education Center, Institute of Food and Agricultural Science, 2686 S. R. 29 North, Immokalee, Florida, with the fOllowing members present: CHAIRMAN: Michael Davis Michael Bruet Donald York Edward Oates Michael Pedone Gary Wrage Fred Thomas Rich Nelson ABSENT: Russell Budd ALSO PRESENT: Marjorie M. Student, Assistant County Attorney Bob Mulhere, Current Planning Manager Ron Nino, Current Planning Fred Reischl, Current Planning Page 1 ............ .._~"---~,.._- -.....-..--....------......---- ... I - -- '.... 16G l' t ~ AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURsDAY, JULY 3, 1997 IN TIlE SW FLORIDA RESEARCH & EDUCATION CENTER (SWFREC) INSTITtJrE OF FOOD AND AGRICULTURAL SCIENCE (lFAS) 2686 S.R. 29 NORTH. .lM:MOKALEE, FLORIDA: NOTE: ANY PERSON WHO DECIDED TO APPEAL A DEOSION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAlNING THERETo, AND THEREFORE MAY NEED TO ENSURE TIIA T A VERBATIM RECORD OF TIIE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE uPON WHICH TIíE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPe WILL BECOME A PERMANENT PART OF TIIE RECORD. THESE MA TERlALS WILL BE A V AILABLE FOR PRESENT A nON TO THE BOARD OF COUNTY COMMISSIONERS. I. ROLL CALL BY CLERK 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINUTEs: April 15, 1997, and May 15, 1997 -4: PLANNrNG COMMISSION ABSENCES: 5. Bee REPORT 6. CHAlRMANs REPoRT 7. ADVERTISED PUBLIC H.E.A.R1NGS: A. P"'ôon No. OD.97.16, 0", N,""" of N,uo. Mario, C""'t.. Inc, ',,,,,",,,,.... Wi!li.om Ccøroy, '"'1=.... · 15 (00. bot. doc< """'ion to .lJc.. (or . 22 fool boar dad: and boar lift f.1ciJity for """""" Joc..«d at 218 . 6" S_ W m. tiutb.r daaib<Q u Lot 29, B""k E, LinI< Hickory Sbon:., Unit 2. ;" &<:tion 5, To>nWUp <8 South. Roog, 25 ~ (~ Rœa ~ur) B. P"'ôoo No. PSP·96-5, K.ann Biohop o( Projeq M...."""'. ~, _.... P'bbl<brook t.u LinU«d Ptr1nmhip, _<Stin. Pr<limiwry SubdivUion Pial approval (0< P<bbkbruok I..k< ;" <be Rich40d Pun Joc..«d "lmmcbJ", Road (C.R. 846) IDd C-R. 951,;" Sccûo. 27, To>nWUp <. South. Range 26 Eut, consisting of65 acret. (Coord.inator. Ron Nino) C. P"'tioo No. PSP.97.S. K.ann Oiahop of PMS Io." of Naplea. "P=<t>ông P'liao SOmd LId., ret¡uat:ing Prc:limirary Subdivision Plat approvaJ for Peücan Strand Pbue 5, loatect west of 1-75 and oonh of ImmobJc., Road (C-R. .<6), ;" S=ioo 29, T o.....wp <8 South. Roog, 26 ~ ......... of 17.18&ercs. (~RonNioo) D. P"'tion No. ru.97-2E, Fd!<orlIofFa,,_ H"""", ~I . 3.Y"V """"ion ofa T<m¡>onry U'" P=u, (or. rnod.,J h_ at J7JO M<ddn Conn, M=o Waad, Florida. (CoonJ;".-. Ft<d RdschI) 1 , .~~""'JI'.""'- .,__.-............... _. __...._ .. ~ ~_. ---~_._._---.- ..-.... , . ..: --:: " ,..'~ ':~/:~':~-'.,;:~~"".:. .: '...~.' ':.' ,,~,~ :,"~::_~~~',~~',;:,:, :'~r ':' ,~,...:'.~:;~~': .~:: \'. ':--:':'" " . 16G 1 --- \ '- ---.. . . ,. SW FLA. RESEARCH' EDUCATION CENTER (5WFREc) INSTITUTE OF FOOD AND AGRICUL'I'tJRAL SCIENCE (IFAS) 2686 S.R. 29 NORTH IKKOKALEE, FLORIDA 33934 í To tA.I. . . T. n. ..,..,. ., J.1I ~ 22 .. 22) Á N A _. - '. /.., ~ &....- . - J I I , " , ~ ( 3 J <=r~ Q,LP c 9':'00 ~, tJ\. _.,- -- ----.. 117 U 1 - ........"-<:1-- - - 1'-~-- -'_~'",,__ July 3, 1997 -Ill 16G 1 \ CHAIRMAN DAVIS, Call the July 3 meeting of the Collier County Planning Commission to order and begin by calling the roll. l1r. Nel Son? COMMISSIONER NELSON: Here. CHAIRMAN DAVIS: Russell Budd is on vacation, excused. Michael Bruet? COMMISSIONER BRUET: Present. CHAIID'AN DAVIS: Mr. Th01l'.as. COMMISSIONER THOMAS: Here. CHAIRMAN DAVIS: Mr. Davis, here. Mr. York. COMMISSIONER YORK: Here. CHAIRMAN DAVIS: Mr. Oates. COMMISSIONER OATES: Here. CHAIRMAN DAVIS: Mr. Pedone. COMMISSIONER PEDO~Œ: Here. CHAIRMAN DAVIS: A..'1d Mr. Wrage. COMMISSIONER WRAGE: Here. CHAIRMAN DAVIS: Any addenda to the agenda today? We have approval of minutes, although it's been pointed out to me that the minutes of the board meeting we have of the Board of Collier County Commissioners we had seen previously, and approved, COMMISSIONER YORK: Been approved. CHAIRMAN DAVIS, Exactly, So with that I'll take a motion for the approval of the May 15th minutes __ COMMISSIONER BRUET: So moved. COMMISSIONER OATES, Seconded. I CHAIRMAN DAVIS, Motion by Mr. Bruet, seconded by Mr. Oates. Is there a discussion on that motion? All those in favor signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: That carried unanimously, Any commission absences coming Up? COMMISSIONER THOMAS, We have a meeting on the 17th, right? CHAIRMAN DAVIS, Yes, OUr next meeting will be on the 17th. And just as a point of interest, with Mr. Mulhere's help ~'ve invited OUr new County Administrator to be there at the beginning to get a chance for each of us to meet him and say hello and get to sèe who we are. BeC report, anything of interest, Mr. MUlhere? MR. MDLHERE: No, I don't think so, not at this time. CHAIRMAJl DAVIS: Okay. Bob, the appeal. MR. MULHERE, Two things -- well, I'm sorry. I guess there was a boatdock appeal which was unanimously denied by the board, so Your position was upheld. CHAIRMAN DAVIS, It was -- it was the one up in the Bonita Shores area where there Was a neighbor who spoke to us who was concerned about the -- it was fairly -- a fairly lengthy protrusion out into the hay but also a very wide expanse of water. Interestingly, in the Page 2 _.- __,._.~z_...,_~,_ ~~r4JO'''''-.A'J1'",~.1è_~_.._ ,¡.._...r:.",,__ .~. ~-_._--, .......--.___ ....«. , ...._IL_ _.-' ._ 1 6 G I July 3, 1997 ~ appeal, I happened to catch it on television, the neighbor's dock was equal in length to what we had approved, and I still kind of wondered what he was appealing. But anyway, the board very wisely, unanimously upheld our decision. MR. MULHERE: I was on -- I happened to be on vacation for that meeting, that's why I don't remember it. CHAIRMAN DAVIS: ~e thing we need to keep in mind, as I was reminded when I read the minutes from the joint meeting, is if we one of us is going to vote against a motion that has been made, we need to speak up and say why we are going to vote against it so that Mr. Mulhere will be able to communicate that to the Board of County Commissioners subsequent to our discussion and their interest in a split vote and why there was a split vote. MR. MULHERE: I just wanted to add that considering the court reporter's task today, we don't have a back-up recording here, so if anYbody that wants to speak, when they come up, they must state their name and then also spell it and give her an opportunity to get that down. It's a little bit difficult when you have potentially nine or ten people speaking on a topic. So, in deference to the court reporter, if you will just say your name slowly and spell it for her. Thank you. Ct~I~~ DAVIS: Thank you. That brings us to our first petition, BD-97-16. I'll ask all those present here today that are going to speak on this petition to please stand and raise your right hand so that you may be SWorn in by the COurt reporter. (Witnesses sworn.) CHAIRMAN DAVIS: Mr. Gochenaur. MR. GOCHENAUR: Good morning, gentlemen. Can you hear me? CHAIRMAN DAVIS: Yes. , MR. GOCHENAtJR:' All right. The petitioner is requesting a IS-foot extension to allow for a 20-foot boat docking facility accommodating a 26-foot pleasure craft. The property is located at 218 Sixth Street West in Bonita Springs and contains about 75 feet of water frontage. The waterway is a platted 80 foot canal, althougQ the petitioner has measured the actual distance across the canal at about 98 feet at the proposed site. . The proposed facility meets the criteria based on the platted canal width as the code requires. The extension is the minimum needed to accommodate a boat lift. Three boatdock extensions have been approved in this waterway with intrusions ranging from 16 to 20 feet. No objections to this project have been received. The proposed facility meets all criteria and the staff recommends approval. CHAIffi~~ DAVIS: Thank you. Any questions of staff? Would the petitioner like to speak? MR. BEN NELSON: I'm Ben Nelson from Nelson Marine Construction. CHAIRY~ DAVIS: Mr. Nelson, if you would come up to the podium, please? Page 3 -....---.- -~~- L--- --- .. --. --~-~---~ 1 6 G 1 July 3, 1997 MR, BÐ' NELSON, I just -- I'll answer any questions you'd like to ask, if you have any questions. That's all. CHAIRM1-N DAVIS, Any questions of the petitioner, Mr, Nelson? Anyone else to speak on this petition? Seeing none, I'll close the public hearing. Motion? COMMISSIONER THOMAS: approve BD-97-16. COHMISSIONER OATES: Seconded. CHAIRMAN DAVIS, Motion ~> Mr, Thomas for approval, seconded by Mr. Oates. Discussion? All those in favor, signify by saying aye. Opposed? (No response) . CHAIRMAN DAVIS: Carries unanimously. Excuse me. PSP-96-5. Mr. Nino? COMMI SS lONER OATES, Mr, Chai man, I have a ques tion , As bes t as I can determine, the maps that we have are wrong, The way I locate the property, it's actually -- it says it's over here, and I think it's Over here, isn't it? CHAIRMAN DAVIS, He's talking about the site map, Mr, Nino, on the back of the first page. MR. NINO: You're correct. MS. STUDENT: Thqt's the site map for the next PSP. COMMISSIONER OATES, There's an incorrect site plan in there. MR. NINO: Incorrect site plan in there. CHAIRMAN DAVIS, If you could, if you feel like you might have something to say, you need to come up here, Anything that needs to be said, must be said on this microphone, period. Befor~ you b~gin, Mr, Nino, I'd ask all those present who are gOing to testify on this petition to please stand so that you may be SWorn in. (Witnesses sworn.) CHAIRMAN DAVIS: Thank you. COMMISSIONER THO~~S, Before we go any further, I need to know where it is, Mr. Oates. COMMISSIONER OATES, It's th~ southwest corner of 951 and 846. It's not where it shows it is, It's actually here which, of course, mainly is -_ COMMISSIONER THOMAS: COMMISSIONER OATES: MR. NINO: Correct. COMMISSIOrJER THOMAs: I'm with you now. MR. NINO, For the record, my name is Ron Nino, N-I-N-O, With respect to this petition, the map, the PSP map that is part of the rosolution, does provide geographic information, It fairly shows that it can be found on the Southwest corner of Immokalee Road and 951. This petition is for the purposes of seeking your approval of a preliminary subdivision plat, As you all know, that's kind of the I will, Fred Thomas, will move that we Oh, SOuthwest corner of 846 and 9517 Uh-huh. Page 4 1.-- ._________ - --.... -- --- -~~ 1 1 6 G 1 July 3, 1997 second phase in the development permitting process, and immediately or shortly thereafter typically follows the rezoning action. The Pebblebrook Lakes preliminary subdivision plat is located in the Richland Pun, which this board has dealt with on, I think, at least three occasions now. Only recently, about two or three months ago, we re-adopted the Richland Lakes -- the Richland Pun master plan and PUD documen t . This petition is -- intends to take the south half of the Richland Pun and -- and prepare it for single-family lots. Staff review addresses those issues that need to be provided for in any approval of resolutiQn to ensure that this petition, when it goes forward, is consistent with the County'S growth management plan and the land development code. Consequently, you will find, with the resolution, that YOU're asked to adopt nearly three pages of conditions that will go with this POD, and they address the normal requirements for transportation improvements, transportation relationships and provisions that will ensure that the native vegetation in the amOUnts required by the land development code is preserved and the appropriate State and Federal permits are obtained. There is one section in the resolution of adoPtion that deals with requested deviations from subdivision standards, and you will see that the petitioner is asking that the sidewalk and bike path be shown a minimum of one foot from the right-of-way line, provides for some deviation where the -- if the pavement is 10 feet wide, then the sidewalk is required on both sides; pavement lanes of 12 feet, then the sidewalk is required on only one side. Those are those types of deviations that are requested. They're standard deviations. We've Usually approved them. These deviations are exactly the same deviations in the Pelican Marsh, Pelican Strand, a number of PUDs that we've recently dealt with. Staff recommends approval. CHAIRMAN DAVIS: Mr. Thomas? COMMISSIONER THOMAS: Two questions. How far is that northern access from the intersection of 951, and how would it be Controlled from a traffic standpoint? MR. NINO: You mean the northern access on this particular subdivision plat? COMMISSIONER THOMl~S: Yes. It comes out onto __ MR. NINO: On 951? COMMISSIONER THOMAS: On 846. MR. NINO: On 846. I'd have to get a more detailed map than that. r don't have that map. COMMISSIONER THOMAS: And I'm going to ask the same question about the easterly access. MR. NINO: In any event, it's consistent with the COunty'S access policy management Plan, because Mr. Kant has reviewed this and has found it consistent with the access management plan, so it's clear, I think -- I think the scale of this map should indicate that it is somewhere in the neighborhood of 12 to 1,500 feet. Wouldn't you say Page 5 .....J . ......_~_... - -~_d"''''''' --......."'-- --- --~."~r-- - 1I--~--- ~ --~"'- -....-"!'r--,,-- 16 G 1 July 3, 1997 so, Ed? COMMISSIONER THO¥~S: Are they going to have any kind of a light controlling that access? MR. KAlIT: For the record, Edward Kant, Transportation Service, K-A-N-T. There probably will not be any warrants met for traffic signal at either of those access points. COMMISSIONER THOMAS: Now on this one that is on 951, there's a light at a school just south __ MR. ~~: Just to the south, that is correct, about a quarter of a mile south. COMMISSIONER THOMAS: About a quarter of a mile south. Are you going to have any -- you know, I see there's a lot of use coming out here. MR. KANT: I'm not sure I know what the issue is, sir. COMMISSIONER THOMAS: No, no. I just travel that road quite often and in the morning, with the construction traffic coming from Immokalee over here, you kn~~, you're going to have some type of wait. Gary, Gary, help roe out here, because you do the same thing every morning. HR. KANT: First of all, the spacing of that particular driveway with respect to the adjacent traffic signal to the south would not permit it to be signalized b~cause it's too clos~. If, in fact, the side street traffic has to wait for a clear gap, then they have to wait. 7nat's part of what people have to drive in. I ào ~lieve that the internal roadway does fe&d north also to nine fifty -- to Lmmokalce Road. COHMISSIONER THOMAS: To Irnmokalee Road. MR. KAlIT: So anY~1 that is going to head either north or west, most likely, is going to go out that way interior of the subdivision, and anybody who is going to head east or south would head out pff of 951. If they are ç'oing to head east, they can still go up to Immokalee Road and possibly make better time. But in terms of trying to signalize every driveway that comes out onto 951, that's som~thing that we are trying to discourage. And in this particular. case, ic would not meet the spacing and I have serious doubts it woùld ever meet the volume or delay warrant~. And that's, that is the anðlysis that we have performed on this. COMMISSIONER THOMAS: I am definitely against traffic lights, but I know the certain amount of traffic that comes do'~ 846 and there really is some buildup of that speed coming down 951, you know? MR. KANT: Uh-huh. COMMISSIONER THOMAS: But when you have got the construction traffic -- MR. KANT: There i8 going to be -- I, just for whatever it's worth, I don't r~ow how germane it is to this particular petition, but there will be a new traffic signal when the Gulfcoast High School is put into operation. I believe it's going to be either later this summer, '97 -- yeah, it will be later this summer, I believe, when because they are going to be opening the high school this fall, at the Page 6 .,~ W'· _ .... _..._._____ u_ -'II'--..,n- ,......---..- 17 ~ 1í~·-·- -.-- -- -':111 1 6 G 1 July 3, 1997 new bus loop entrance to Gulfcoast High School, which will be about, oh, not quite a half mile to the east of where the existing school signal is now on Imrnokalee Road. We're also looking at the potential for upgrading the flasher at 951 and Immokalee Road to a full signal, But again, eVen that still is not being warranted. So, there are several things out there that we continue to look at and, you know, as they become warranted, we do either install the signals or upgrade the flasher. COMMISSIO!ŒR THOMAS, I hate a signal, but I think you are gOing to need one at 951 and 846. HR, KANT, Yeah. Eventually we, we know that's going to happen. Whether it is this year or next year, it's at this point unknown. C~\IRMAN DAVIS: Any other questions? This is pretty straightforward. All -- Mr. Nino has told us all the I's are dotted and the T's are crossed. Any other questions of the petitioner? Seeing none, is there anyone else that wants to speak on this petition tOday? I'll close the public hearing. Mr. Oates? COMMISSIONER OATES, I move that we approve PSP-96-5, amendment to resolution 96-30. COl~1ISSIONER PEDONE: Second. CHAIRMAN DAVIS, Hotion by Mr. Oates for approval, seconded by Mr. Pedone. Discussion on the motion? All those in favor, signify by saYing aye. Opposed? (No response) CHAIRMAN DAVIS: It carries unanimously. That brings us to PSP-97-5, Pelican Strand Phase 5 which is the map before us. I'm sor~J. Would all those present today that are going to testify on this petition please stand, raise YOur right hand so the court reporter may S~€ar you in. (Witn~sses sworn.) CHAIRMAN DAVIS: Thank you. Mr. Nino. MR. NINO: Ron Nino for the record. Petition PSP-97-5 is a petition for appro'Tal of a preliminary subdivision plat. It is located within the Pelican Strand development, which again this board only recently approved. It is entirely consistent with the provisions of that PUD and it covers one of the tracts that is in that PUD. I've submitted the -- a revised plan. For Some time we had a problem with defining the location of the lots in relationship to a preserve area. There is a requirement for a 25-foot preserve buffer between development pods and the preserve area, and that map addresses those. The staff has reviewed the preliminary subdivision plat and we have found that simply by requiring the plat to agree with all of the conditions imposed, that for all practical purposes was sufficient Page 7 _'W'__ _. _ _ .~...~ ".__.4 16G 1 July 3, 1997 restriction. However, because of the time frame between amending the map and the report that was sent to you, we really had not resolved the issue of the 25-foot buffer, so we specifically provided, as a condition in the resolution, that that requirement of the land develop~ent code has to be achieved. However, on page two of the resolution, the citation with respect to the appropriate section of the land development code is incorrect. It says 2.3.8.4.7(3). It should be 3.2 rather than 2.3. The numbers got mixed around there. The staff recommends approval. CHAIRMAN DAVIS: Questions of Mr. Nino? COMMISSIONER OATES: Mr. Chairman, I have a question that really isn't relevant. Where is the Stadium Golf going to be? Is that part of the Pelican Strand or __ MR. NINO: No, it isn't. The Stadium Golf is the Livingston Road Golf and Country Club ~JD. Do you all know where that's __ up against the county line and to the west and north of Pelican Strand. CO~1ISSIONER OATES: And that's been approved? MR. NINO: No. That will be coming to you probably in October. COMMISSIONER OATES: Oh, thank you. CHAIRMfu~ DAVIS: Any other questions of Mr. Nino? Mr. Thomas. COMMISSIONER THOMAS: On the -- I'm having a little bit of a problem. CHAIRMAN DAVIS: Go ahead. COMMISSIONER THO?1AS: Using the site map that we had before, how does Pelican Strand Boulevard run? I mean, I can't quite figure how you are going to tie this -- how this fits into the overall. HR. UINO: Do you have a map with you? I didn't bring the file. MR.THOIW.S: It looks to me, if you can help me just by nodding your head, it looks to me as if the access to this is on 846, goes north, gets to the west of the thing, up, and then comes back down to this particular ~hing. MR. NINO: Pelican Strand is the collector road in the Pelican Strand PUD that goes all the way from Immokalee in a north-southerly direction but it meanders as you go up, and will eventually hit the north end which will be -- which will connect with the proposed east-west county road. And this is one of the tracts, off of __ off of the Pelican Strand Boulevard up in the north -- it's about the middle of Pelican Strand. COMMISSIONER THOMAS: As you say some of that, I~m okay now. MR. NINO: Okay. CHAIRMAN DAVIS: 11r. Wrage, do you have a question? COMMISSIONER iffiAGE: Well, that -- yeah, that was my question. How many ingress and egress from Pelican Strand, because I don't recall the original. Is there one on the east-west road and also one on the Livingston? MR. NINO: Yes, yes. CHAIRMAN DAVIS: Any other questions? Questions of the petitioner? Was there anyone else here today that would like to speak on this petition? Page 8 .- ~ ~ø- ~ ----- 16G 1 ~ July 3, 1997 Seeing none, I will close the public hearing. Motion? COMMISSIONER YORK: I move that we approve PSP-97-S with the stipulations by the staff. COMMISSIONER THOMAS: CHAIRMAN DAVIS: With Nino had mentioned. There by Mr. Thomas. Discussion? All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMMl DAVIS: Carries unanimously. Next up is TU-97-2E, Mr. Reischl. Once again, I'll ask all those present to if you are here to testify today to stand, raise your right hand so the COurt reporter may swear you in. (Witnesses sworn.) CHAIRMAN DAVIS: Mr. Reischl, before you begin, I Want to compliment you on your staff report and the photographs. It really helps to get a good feel for what is going on. Good for you. MR. REISCHL: Thank you. Fred Reischl, planning services. This is a request for a three-year extension of a model home on Medeira Court in Marco Island which is off of South Barfield Drive. It is located just south of the Barfield sub-district of the community commercial district of the Marco Island zoning overlay. It is across the street from another custom __ another model home, and I did receive a letter of objection yesterday based on tbat, stating that th~ two model homes in close proximity to each other caused considerable traffic on the very ahort street and it's a danger to our grandchildren when they are here. I suggest not more than a one-year extension. Th~ petitione~ is requesting a three-year extension and staff feels that a three-year ~xtension is appropriate. ~dAIro1AN DAVIS: And, as I think you have pointed out, the staff report puts it in a no zone plane. It appears from your photograph the place is very well kept and properly -- properly signed and whatnot. MR. REISCHL: Yes. CHAIRMAN DAVIS: Mr. Thoman. COMMISSIONER THOMAS: Is the other model owned by the same company? MR. REISCHL: No, they are different. CHAIRMAN DAVIS: Mr. Nelson? C~SSIONER NELSON: And this is -- this is a question we can actually discuss if you'd like. When you were there, you mentioned that there were a couple of flags that it does sh~~ in this PhotOgraph, but it doean't actually show MR. REISCHL: Florida state flag is flying. COMMISSIONER NELSON: There is a flag -- you can see one flag, but there is also a second flag just to the left of it closer to the Second. the correction of the citation that Mr. was a motion was made by Mr. York, seconded Page 9 ""':--- ...-........ - ~, ~ .~--.-.. ~~ ...- ·-....--..........--·.v.. """'"""~...~...............-:'.,..,,,~~...-._._~ 1 6 G 1 I July 3, 1997 sidewalk. And then you can see they have a fairly large sign and then they have a small sign that says, model open. And clearly, when you drive past it, it looks like a lot of clutter on that lawn and it doesn't go with the one right across the street being sold by __ the model home across the street from a competitive company. MR. MULHERE, I might suggest you could consider __ the board can consider requiring that the signage conform to the signage of the new Marco Island overlay district, which would be considerably smaller than what's currently on site. COMMISSIONER ~œLSON, You're talking about the flags and the smaller signs? In other words, it's just the __ MR. MULHERE: I think they can be -- theY're permitted, I believe, two signs. They can have a Florida state flag as well as an American flag, and I'm not sure what they have on the site. And I don't think we can -- I'll let Ms. Student answer that question, MS. STUDENT, That's an interesting question and it's come up before, but if that is some other kind of speech other than a commercial speech, we Can't prohibit it on the basis of non-complia.nce. I mean, you can argue that, well, FSU is my alma mater and I want to show support for my alma mater and I want to put it out there. Or the United States is w/ country and I, you know, this political speech and we cannot, on the basis of content, you Can't __ MR. REISCHL, Just to clarify this, it is not a Florida State. which we shouldn't mention it anyway, it's a State of Florida flag. MR. MULHERE: Or for that matter the Green Bay Packers. CHAIRMAN DAVIS, I think Mr. MUlhere's suggestion. if we do decide to approve this three-year extension, that We require that it conform to the new Marco Island overlay. That only seems appropriate. The flag situation, Mr. Nelson, all the rest of us on that street, if they want to, and I would hope they do tomorrow, put a flag on each and ever}' lot. COMMISSIONER NELSON, There you go. It clutters it Up. CHAIRMAN DAVIS: Any other questions of staff? Anyone else here today to speak on this petition? Seeing none, I'll close the pllblic hearing. Mr. Thomas? COMMISSIONER THOMAS, I'll make a motion that we, approve TU-97-2E with the further stipulation that all signage on the property should _ CHAIRMAN DAVIS: Conform. COMMISSIONER THæ~S, conform with the new Marco Island overlay. COÞ~ISSIONER YORK: I'll second it. CHAIRMAN DAVIS, Motion by Mr. Thomas for approval, seconded by Mr. York. Any discussion on the motion? All those in favor signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: It carries unanimously. Page 10 --- 1 6 G 1 July 3, 1997 Next up, TU-97-3E. Mr. Gochenaur is here. I would ask all those present to testify on this petition today to please stand and raise your right hand so that you may be sworn. (Witnesses sworn.) MR. GOCHENAUR: For the record, Ross Gochenaur, G-O-C-H-E-N-A-U_R. The Petitioner is requesting a three-year extension of temporary use permit allowing model home 6641 Golden Gate Parkway. The model is located within the Golden Gate Parkway corridor management Overlay district and there are no other model homes in the immediate area. There are a number of undeveloped lots in the area including the lots on either side of the model home. There are also a number of conditional and non-conforming uses nearby on Golden Gate Parkway, including two churches and two social organizations. The model home is located in an area not fUlly developed and should have no adverse impact on the adjacent properties. No objections have been received. I did have one phone call but the lady told me that she did not object and the staff reco~~ends approval. CHAI~l DAVIS: I live -- I live right around the corner from this and I have to say that they do a great job. They take good care of the place, so certainly, there are a lot more eyesores on Golden Gate Par~Ñay than this one. Any questions of staff? COMMISSIONER NELSON: I have just one. CHAIRMAN DAVIS: l1r. Nelson. CO~1ISSIONER NELSON: This applies to the previous extension. How many extensions are they allowed? MR. MULliERE, One three-year extension and then beyond that, they would need to go to the Board of County Commissioners through a conditional Use precess. CO~WISSIONER NELSON: Very good. CHAIR11AN DAVIS: Any other questions? Anyone else here to speak on this petition tOday? Close the public hearing. Motion? COMMISSIOllliR OATES: Mr. Chairman, I move that we approve TU-97-3E by granting the th~ee-year extension to Darren Development, Inc. COMMISSIONER PEDONE: I second. CHAIRMAN DAVIS: Motion by Mr. Oates, seconded by Mr. York. Discussion? All those in favor, signify by saying aye. Opposed? (No response) CHAlffi{AN DAVIS: Carries unanimously. Got to be a little quicker. Next up, Petition V-97-S. Once again, I'll ask all those present here today to testify on this petition to please stand. raise your right hands so that you may be SWorn. Page 11 -___. ..JØfI., _"r~"I,:::f"~~~""-' ""'....--"'_"IIIJ .~__.....,.,.-... _.- ...-.n'"o-;.-w·..._'_,..4_ ."...,...,.........,. ~. -..~, -~.. -.~~--~. ---rw- -... ~- -'-~-- """--~.. 1 6 G 1 I July 3, 1997 (Witnesses sworn.) CHAIRMAN DAVIS: Thank you. Dr. Badamtchian. DR. BADAMTcHIAN, Good mOrning, Mr. Chairman. V-97-5, Anthony Pires, representing Mr. and Mrs. DeSante, is requesting an after-the_ fact variance of 3.2 feet from the required side yard of 30 feet for an eXisting single family residence. This residence is located at 571 Carica Road in the Pine Ridge Subdivision. In 1987, the then owner PUlled a bUilding permit to add an attached garage to the house, and since then, the property was sold several times. The new O·~er noticed the violation and requested this variance to remove the violation. The staff has received two letters in favor of this variance from neighbors and the staff recommends approval. COMMISSIONER YOP~: How did they discover the variance? I mean, how did they discover the violation? DR. BAD~¡IAN, They received a survey for the property when they were bUYing it, and that's how they noticed that violation. aßIP~ DAVIS, Any questions of staff? Mr. Nelson? COMMISSIONER tŒLSON, I was just gOing to try to clarify how the mistake occurred, but from reading, it Seems that the owner who built the garage brought in plans that were not what was actually built. DR. BADA11TC1!IAN, The owner brought in plans for 30 feet. The building permit had a note from the BUilding Department North saying no restrictions required and no SUrvey was required, so they didn't provide a survey and an inspection Wasn't done. COMMISSIONER NELSON, And now that is no longer possible? DR. BADAMTCHIN~: That is no longer Possible. CHAIRMAN DAVIS: Any other questions? Anyone else here to speak on this petition tOday? Seeing none, close the public hearing. Motion? COMMISSIONER THOMAS, I'll make this motion since he is sitting quietly OVer there. I will mOVe that We recommend for approval of V-97-S. C01lMISSIONER OATES: Second. aßIRMAN DAVIS, Motion by Mr. Thomas, second by Mr. Oates. And Mr. York, do you have a question? COMMISSIONER YORK, Yes. How much did it Cost the petitioner to apply for this variance? DR. BADAMTCHIAN: Over $800. COMMISSIONER YORK, This appears to be pretty unfair to this petitioner that he should have to pay $850 for a mistake that was overlooked. DR. BADAMTcHIAN, When you acquire property, You acquire all the assets and all the liabilities. MS. STUDENT, Legally, that's a matter between him and the seller of the property. COMMISSIONER YORK, Should have just kept his mouth shut and saved 800, $850. COMMISSIONER THOMAS, Until he got ready to fix something like Page 12 --- 16G July 3, 1997 the garage. CHAIRMAN DAVIS: Any other diacussion on the motion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: It carries unanimously. Petition DOA-97-1. MR. NINO: Ron Nino for the record. CHAIRMAN DAVIS: Mr. Nino, I'm sorry. Everyone here today to testify on this petition if you would stand, raise your right hand so that you may be sWorn by the COurt reporter. (Witnesses sworn.) MR. NINO: Petition DOA-97-1 is a petition that seeks your recommendation for spproval of a DRI development order amendment to the Pelic~ Strand development of regional impact. You may recall that you recently reco~~nded approval of the enlarged P21ican Strand PUn not too long ago when it Was expanded fro 200 acres to 575 acres. HOWever, in order to get a foothold cn development, they didn't change any of the development intensity. They didn't add any dwellin lmits at the time, and then they Came back and amended the PUn again and added some d~elling units, which we thought may be a problem because it was preceding the development of r~ional impact, but that was not the case. And in 'any event, in order to __ in order to assur. ourselves that the PUn would remain consistent with the development order, a condition was included in the PUn tbat sbould the developmenl order be sny different than what is in the POD, that the POD would be amended. The development order that I just banded out, and handed it out this time -- I apologize for it. Because of tbe timing issue here, the region only met on June the 19th to establish their recommendations, and consequently we were unable to mail You the development order. However, tbe development order that you now have in Your packet contains all of tbe recomm~ndations of the regional plsnning council, and you'll note that they only pertain to two items, and that is transportation and solid waste and medicai Waste. When this -- when tbis PUn -- when tbe development order was kicked into the thresbold for a DRI, that was wben __ this development order also now changes the development density from 609 to 680 dwelling units to 1.200 dwelling units and kind of changes the commercial mix. This amendment brings tbe development order, you might say, up to the level of development that is now approved in the POD. So there are basically -- when that action occurred, that triggered an additional development of regional impact review. And hack in January of tbis year, we had our preapplication conference, and the preapplication conference determined that of all the questions that are nOrmally required to be answered in the filing of an application for development approval, only the transportation issues had to be addresaed. So consequently, we are fOCusing on an Page 13 -,...., ~-,.'....- ---~......-----_...,-". -- - ,.... _"'1 ........ø r"""l;>- - I 1 ....~..........,~ lP~ .. -_...r~.""""............t ~ .:J.._ -;, Y k.~~ ....L... -.. ._.,_......~,........~ \" 1.,J........þ.. .L..~..,,4.,.....V,..¡..,. t/' . ---------- T-.:. .~-..". _ .. ... 16G 1 July 3, 1991 amendment that basically only deals with the impacts created by the change upon transportation. And the region -- all of the regional recommendations with respect to transportation are included within this development order in addition to the solid waste and hazardous waste conditions. We are of the opinion that the development order is not __ doesn't do anything tr~t would cause us to amend the structure of the POD. The two are in sync with the exception that, of course, the PUD deals with local issues and the DRI deals with regional issues. We recommend appro'lal. Incidentally, Mr. Vines isn't here. He and I had a discussion, we both ·....I;!ont to the regional planning council meeting and he said that he was going to be in North Carolina and how important we think it is that he be here for this meeting, and I told him that I thought the planning co~~ission could probably h~~dl~ it without his presence here. So if you are dski~d why the petitioner isn't here, we kind of agreed that perhðps it Wasn't all that important that he be here, given the fact thðt we only recently dealt with Pelican Strand, and when we deal with a development order, we're really dealing with a requirement that all of the Regional recommendations are included in the development order becau3e while they suggest a recommendation, in fact. if they are not in the development order, they are going to appeal it and we are going to be into a long process of negotiation and litigation, possibly. So invariably a DRI d~velopment order includes all the regional findings, and ''''hen you do that, the likelihood of any challenges are minimal or none. We recommend apprcval of the amended development order to the P~l!can Strand develo~ent of regional impact. CHAIRMAN DAVIS: M.r. T'horr.as7 COMMISSIONER THOMAS: I need you to give me about a hundred and twenty seconds on the letter from DCA. HR. NINO: You have a letter from DCA which is ~ent to the regional pl.lImir..g council advising the regional planning council, and I'm glad you brought tr~t to my attention, Mr. Thomas, that the development order ought to include an additional highway link that would have to be required if level of services __ if degradation demands it, and that is the link between U.S. 41. COMMISSIONER THOMAS: I-15 and 9517 HR. NINO: I-75 and 951 wasn't a link that was in the development order and we had to -- we had to add that, and our recommendation is that you agree that that link be added to the development order. ._~_. COMMISSIONER YORK: That's in your new development order? .~_ MR. NINO: It's in the new one. We've already rnade the revisionš ___ in the new one. This will C~IISSIONER THOMAS: When you say it's in the new development order -- MR. NINO: It's in this development order, the amended development order. MR. THOMAS: Okay. My question is, does that mean that Pelican Page 14 1 6 G 1 , July 3, 1997 Strand is going to widen the road? MR. NIllO: It means that Pelican Strand will pay their fair share of the widening of Iw.mokalee Road from 1-75 to 951. COMMISSIOlŒR THOMAS: Does it mean that they can't proceed until the road gets widened? MR. NINO: Yes. If you'll recall, when we dealt -- actually, I'm surprised that that recommendation wasn't in this development order because it's already in the PUD. We conditioned the PUD, you may recall, on the developer not exceeding the 680 dwelling units that they were originally authorized until Immokalee Road is widened to four lanes from 1-15 to 951. That requirement is already in the PUD. COMMISSIONER THOHAS: Then why isn't it in the DRI? MR. NINO: Pardon? COHMISSIO~ŒR THOMAS: Why isn't it in the DRI? MR. UINO: Because it is a regional issue and it needs to be specifically provided for in the development order. So by putting it in, we're -- ~e're simply reinforcing what's already in the PUD. MS. STTJDENT: tlould.~· t it be a -- Harjorie Student, Assistant County Attorney. The DRI development order is to address regional issues and we get these reco~endations. as you know, from the Department of Community Affairs and the regional planning council. and that's the purpose of it, to address regional issues, and on many instances, probably just about allot them, ~ny PUD will mirror. on many respects, what you find in the DRI development order. That's fairly typical. MR. NINO: tie 'Here r~ally -- we had really anticipated the regional concern. ~Jr own traffic analysis determined that that link had to be improv~d a~d was included in the PUD. COMMISSIONER THG~S: All I'm trying to find out here is why is the -- as it relates to the widening of 846 and that segment we are talking about and the restrictions that we have in the PUD, not also found in the DOA -- MR. NINO: May I? It could be because __ COMMISSIONER THOMAS: -- that's being amended right now. HR. NINO: Because it's a regional -- it's a regional issue and the region are saying they want it in the development order. HR. MULHERE: I can answer that question. You're saying why was it not included in the development order. COMMISSIONER TI{OMAS: Thank you. MR. MULHERE: The n~gi.on did not include it in their original round of stipulations. However. the DCA responded to the region and said we want it in there. COMMISSIONER THOMAS: Okay. Is it in there now? MR. MULHERE: Yes. HR. NINO: Yes, it is. COMMISSIONER THOMAS: Oh, that's all you have to tell me. MR. NINO: I'm sorry. COMMISSIONER THOMAS: You told me it wasn't in the first part. CHAIRMAN DAVIS: Any other questions of staff? Page 15 IbG 1 \ July 3, 1997 Anyone here to speak -- I'm sorrý. Mr. Nelson. COMMISSIONER NELSON: I just wanted to clarify that it appears that the density hag increased by not quite doubling and yet the property has been -- MR. NINO: Yes. That was all addressed in the PUD. yes. CHAIP~ DAVIS: Anybody else? Anyone here from the public to speak today? Seeing none, we'll close the public hearing. Motion? COMMISSIONER YORK: l~. Chairman. I recommend that we move to approve DOA-97-1. I guess it goes to the Board of County Commissioners now. CHAIRMJill D~VIS: Y~s, it does. C~1ISSIONr~ YORK: T0 the Board of County Commissioners with the recommendation for ðpproval. COMMISSIONER OATES: Seccnd. CHAIRHAl< DAVIS: Motion by Mr. York. seconded by Mr Oates. Discussion? All thos~ in favor signify by saying aye. Oppo sed-I (No response) CHAI~1 DAVIS: Carries unanimously. Next up. Petition R-97-1. Carson Road Mobile Home subdivision. I'd ask all of those present today that are going to speak on this petition. pl~ase stand and raise you~ right hand so that you may be sworn in by the court reporter. (Witnesses ~worn,) COMMISSIONER OI\TE:,: Mr. Chainn.an. for the record I would like to state th~t I had a conversation with !~. Treadwell from Baron Collier Partnership yesterday afternoon. CHAIR}~l DAVIS: Okay. Ñ1Y other disclosures? COMMISSIONER vrRAGE: Mr. Cbairman. I think I will have to abstain from this one due to a conflict. CHAI~~ DAVIS: Okay. C~tISSIO:ŒR Ÿ~\GE: The institution that I work for is also involved in this project. CHAI~ DAVIS: Thank you. Mr. 3ellows. MR. BELLOWS: Yes. For the record, Ray Bellows, 'B-E-I.I-L-O-W-S. Presenting Petition R-97-l. Mr. Robert Self requesting a rezone from agriculture to the MH. ~~bile home. As you can see on the map, the property is located on the west side of Carson Road. It's just north of the existing Lake Trafford Baptist church. To the north is mobile home dwelling units. village residential. There is an affordable housing PUD, Timber Ridge to the northeast, and east across Carson Road there is vacant agricultural land. The MH zoning district provides develcpment standards that allow the requested five mobile home lots. The petitioner has left an outparcel number six for possible future expansion of the church. The traffic impact review indicates that the proposed 3.10 acre site could generate approximately 100 trips per day on a weekday if Page 16 1 6 G 1 , July 3, 1997 the entire site was developed as a mobile home park. As a result, this does not exceed the significance test on any roadway within the project's radius of developm~nt influence, and therefore. staff has no facing stipulations for this project. The site is not impacted a¡ any historical or archeological probability areas. Staff has not received any letters for or against this project. If you have any ~~lestions, I'd be happy to answer them. CHAI~~ DAVIS: Questions for staff? Cæ~ISSIONER THO~~S: I'd just like to point out for your information that where that property sits on the corner of Curry Road and Carson Road. it looks like Curry Road come~ all the way to the east or -- it just dead-er.ds into Carson Road. CHAIR.lAJ..,N DlWIS: l...."1yone here that "'¡ould like to speak on this petition tod;lY giving the ~ti tioner the firs t opportuni ty, please come fOI"'W'ard, and I'll remind you to state and spell your last name for the record. MR. TRF..AD'tŒLL: l-ry :v).me i5 Lee Treadwell, T-R-E-A-D-....I-E-L-·L. I'm with the Baron Collier Partnership. The Baron Collier Partnership owns the '/acant land ~hind the subject property. It's approxim.ately seven acre3 -- in fact, the Baron Collie:::: Partnership owned this 3.1 acre parcel up until Dece~~r 30th, 1996. If I can give "j0U a little history of hm., the church acquired this property. The Immokalee Water Sewer District came to us with a problem a co~ple of years ago and the problem was that they were going to be expanding the facility on Carson Road which required them to take approxi~ately an acre of lðnd from the church. In doing so, the church, I think, had made som~ plans to do some church expansions and this grossly impacted, thp-y felt, their project. So in good faith we started negotiations with thp. district to b~y p0rtions of our property, whish is ~hree acres, which was a little bit more than what they '",ere taking, ',",i th the unders tanding th~ t the church ·....as going to expand their site th~re ^nd it would relieve their problem and it would relieve the di3trlct's p~cble~, so we negotiated that. In good faith, He were told thðt the church was -- needed that for expansion, they needed three acres ~o expand the church as well as a buffer to the exi~ting t~ailer park across the stre~t. With that in mind I, you know, I would like to recommend to the Commission here that they not approve this rezone petition. Thank you. CHAIRMAN DAVIS: 7nank you. Yes, Ms. Student. MS. STUDENT: Mr. Chairman, I just want to again state for the record that this Co~~ission. as a quasi judicial matter, is to be guided by the standards in our land development code and that exist in the statute for it. OUr planning has done an analysis and those are the only standards that you can consider in deciding whether or not to grant a rezone. COMMISSIONER OATES: Mr. Chairman, I hav~ a question. We can't consider the fact that basically the Water and Sewer District was, we use the words duped, when they were told that this property would be Page 11 IbG 1 \ .July 3, 1397 used for church expansion, and now later on they want to use it for a mobile home park? COMMISSIONER THOMAS: duped or the Baron Colli~r COMMISSIOUEP. OATES: A.s I understand it, Mr. Thomas, the Water and Sewer District was, because they were takinç an acre or approximately an acre of land for their expansion that belonged to the church, and the church, as I understand it, said that they needed property for their expansion of their church in the future, and it turns out that they are going to use one lot for their expansion, possibly, but the other fivÐ lots they want to use for a mobile home park. MS. S1VDf~"1': You are to be - - eXC1Jse me. You are to be guided by the .8 tandard.s in the l~;d ':ode. There is case law that if you consider anything above those staodðrds, the court is going to throw it right out, and if it can fit in under dny one of these standArds, that's finp., but ð,nything else -- it sounds like it may be a civil matter. I mean, I j1J3t -- this is th~ first r have heard about it, so -- COMMISSIONER TROHA::;: Bob, YOI1 T:1"-y Ì11.1Ve to help me believe tho:. ch'.Hcn hðS already -::xpanded d.nd buil t a ne..., there, if I'm ~ot ~i5t~~~n. And 1 thought it cam~ into into your prOCABS, r thi~k -- I helped the~ __ MR. BF.:LLOŸ1S: ·{es. J.. few years b.go they did have another conditional use far expansi0n. COMMISSIONER ~~OHAS: Yeah. And they expanded the church, built the facilities. The fúcility is already ir. place, if I remember right. If J rcmer:'tÌ'Æ:r I'lc;ht. the f.a,:ility is already in place. MR. BEL~J0'''¡S: Y~ai1. I took II site 'J'Ísit a fe·... weeks ago and there is a f~irly new struc~ure ther~, but whether they can still expand on that egain with ~nother condition^l use -_ I stated in the staff report here tha~ if they do expand 00 this lot, it will r.equire another conditio~ðl ~se. CHAIRMAN DAVIS: Anyone else to speak on this petition today? Seeing none, I'll close the public hearing. Motion? C011MISSIONER THOMAS: for approval R-97-1. CHAIRMAN DAVIS: A. motion for approval by Mr. Thomas. second to this motion? Gentlemen, his ffiotion dies for lack of a second. Is there another motion? COMMISSIONER OATES: R-97-1. COMMISSIONER BRUET: Second. MS. STUDENT: I'm going to need a -- on the record a reason. CHAI~~ DAVIS: Hang on. Just one at a tiæe here. Hr. Oates, if you could cite -- within the LDC criteria, we're bound by the reasoning for your motion of recommendation of denial. COMMISSrONF~ OATES: Mr. Chairman, I would suggest that the That's the Water Sewer District that was with this. I f~cility over this, Cð.me I would make the motion t~t we recommend Is there a Mr. Chairman, I move we deny Petition Page 18 --- 1 b G 1 , July 3, 1997 denial be based upon the fact that there are elements within the growth management plan that include -- that are not being effected properly. CHAIP~ DAVIS: The motion was made by Mr. Thomas and seconded by -- COMMISSIONER THOl1AS: No, no, no. CHAIRMAN DAVIS: exc~se me. The motion was made by Mr. Oates of denial, seconded by Mr. Br~et. Okay. Now, discussion. Mr. Thomas? COMMISSIONER THO~..AS: Okay. If they were going to put permanent structures on there, housing structures, in the community where we sorely need housing, I ~ight ~ould indeed be tempted to support it. They're talking about putting ocbile homes, something temporary, that can be removed ',oIhen the church gets ready for the next phase of expansion. So I hdve no problem ~íth -- the housing 16 no short in Immokalee, ~ny Lime we g€t some safe, sanitary and decent housing, and when you ge~ mobile h0me~, yo~ tend to get 10w-c09t housing, I think we need to support it. It's not like they are going to irrevocably change the land, okay, and prevent the church expr.\nsion in the future. In fact, the church it3elf is a big ~ob:le heme. CHAIRl-'¡þ"r¡ DAVIS: Any other discus3ion on the motion? C0M2lISSIONER NEL30N: Just one. That large portion that they reserved, section six, : don't think they reserved that specifically for church ~xpansion. They reserved it for either that or additional mobile home lots, I think if they àevelop that larger portion as ~obile home lots, it is still below the density requirements? How many can they put in there? MR. BELLO',.¡S: I t is s ti 11 be low. COMMI SS IO¡";ER NELSOll: It is !' till 00 10'''. MR. BELLOWS: YeR. (''"HAIRMJ.\1-l DAVIS: Any other discussion on the motion? All those in favor of the motion of recommendation of denial say aye. Opposed? COMMISSIONER THOMAS: No. COMMISSIONER PEDOtŒ: No. CHAIRY~J~ DAVIS: Okay. So we will -- yeah, let's do a roll call vote. Hr. -- going back to the -- l1I. Oates' motion, recommendation of denial. Mr. Uelson? COMMISSIONER NELSON: COMMISSIO~ŒR BRUET: COMMISSIONER THOMAS: CHAIRMAN DAVIS: No. COMMISSIONER YORK: No. COMMISSIONER OATES: Yes. COMMISSIONER PEOONE: No. r voted for the motion for denial. Yes. r voted no. Page 19 ',1 [ p,' ~ . ~. . , (. ; ~ ~. '''- f, ¡: t' ~ ~ . .,-- · - ~-- 1 '-.- ~_...- .......·-[111--- - -1111 16G 1 July 3, 1997 ~ ,- \ CHAIRMAN DAVIS: That motion fails four to three. ~SSIONER THOMAS: I'll try again. I would like to make a motion that we recommend to the Board of County Commissioners R-97-1 for approval. COMMISSIONER YORK: I'll second. CHAIRMAN DAVIS: Motion is made by Mr. Thomas, ::.econded by Mr. York. Discussion on that motion? All those in favor of the motion for recommendation of approval, pl.... signify by saying aye. Opposed? COMMISSIONER NELSoN: Aye. ~AISSIONER OATES: Aye. ca !MISSIONER BRUET: I changed my vote around. C'1iA.IRMAN DAVIS: So the vote for recommendation of approval was n". to two with Messrs Oates and Ii'.bon in the minority. And I think !:boo !DOUon =de by Mr. Oates and the discussion pretty well SU1DS up the ainority feeling, with Hr. Wrage in abstention. D. MULIŒ:RE: Mr. Chairman, we have -- the next petition is one which I would auggeat the majority of the individuals in attendance wi.h to speak and the last petition, item 7-J, may be som~hat quicker. CHAIRMAN DAVIS: I would say that he is right. caoaSSIONER THOMAS: I'll move that we amend the agenda to have CU-97-14 first. CHAIRMAN DAVIS: Motion by Kr. Thomas, seconded by Mr. Oates. Discussion? All those in favor, signify by saying aye. Opposed? (No response) CHAI~l DAVIS: That carries unanimously, which brings us then to CU-97-14, Walker Marine. . I would ask all those tha't are present today to speak on the petition to stand, raise your right hand so that the court reporter may 8W1tar you in. (Witnesses sworn.) COIOaSSIONER tlELSON: Hr. Chairman, before we begin, I'd like to &DD0UDc. that I had a brief conversation with Jim Hal~er and he delivered blueprints to me. . CHAIRMAN DAVIS: Okay. Any other declarations? 'Mr. Reischl. IIR. REISCHL: Fred Reischl, planning services. Thi. is a request for a Conditional use for new and used boat ..1.. and accessory services on Marco Island within the Town Center C~rcial District of the Marco Island zoning overlay. The zoning of the property is C-4 and within the C-4 district that u.., new and used boat sale., is a conditional use, therefore. tha petition is in front of You. The lot backs up across the alley to the 8a8t to c-s, so there is contiguous, across an alley, c-s property. The project is subject to the architectural standards of a commercial district and the increased landscape buffers within anC " Page 20 ----,---<--_._- -- r, -. 1 bb l' f , July 3, 1997 activity center, meaning a 20 foot landscape buffer along both WtDdward and Bald Eagle. The project will also have to conform with the sign requirements of the Marco Island zoning overlay, and the outdoor storage -- for the record, there is an artist's rendering of the proposed structure in front of you, and there is a designated area, as you can see, for outdoor storage, which is designated on the site plan. There is parking which the petitioner understands there is some minor adjustments that have to be made to the site plan, and that has been put into the resolution that the site plan can be adjusted Administratively witho~t coming back to you for adjustmonts for that. I have received numerous calls for information, but no letters or calls in objection or in support of this project. And utaff recommends that you for~ard this petition to the Board with the recoaaendation of approval. CHAI~~ DAVIS: Thank you, Mr. Reischl. Questions of staff? COMMISSIONER YORK: How does this fit with the overall -- with the overlay, the Marco Island overlay plan? HR. REISC1~: The district, the Town Center Commercial District allow. for commercial, residential and mixed use and this does fall into one of those catp.90ries. And I see Ed Kant wants to make a COlDlDen t . HR. KANT: Is this the site of the old police __ MR. REISCHL: No, it's currently vacant. I have a better photograph. Actually, it's the same photograph in your packet, but it hasn't been destroyed by the printer. COMMISSIONER YORK: I'm trying to place it on the Island. COMMISSIONER NELSON: Head towards Old Marco on Bald Eagle, you know where the Sand Bar is? Just take that right from the Sand Bar. CHAIRMAN DAVIS: So this beautiful elevation will block out what we currently see there? I'm being facetious. Go ahead, Mr. Kant. MR. MULHERE: May I just add to Mr. York's question with regard to the Town Center District, having just completed that overlay, that Town Center District is the district on Marco Island that is intended to act as the major commercial activity center, allowing for a full range of commercial uses. It includes C-4 and C-S. Mr. Walker is required to come here for this petition because it i. C-4 zoning, but as you can see, we have basically reduced the outdoor storage component which was the thing that was more objectionable for used boats, for example, to a very -- to the rear of the building and to a very minimal function of the site plan. CHAIRMAN DAVIS: Mr. Thomas? COMMISSIONER THOMAS: I'm looking at the site plan, and unless they are planning on putting the boats -- there are only about six space. or seven spaces there. There is no outdoor storage. MR. MULHERE: That's correct. I believe Mr. Reischl can probably answer that better. MR. REISCHL: I'm sorry. I wasn't listening. COMMISSIONER THOMAS: I see car parking going around this corner of the facility, some display areas up high, and then I just see a Page 21 .... '. " . . . . '" ,,' . "'ill' '" ..,' " ..., "., ',.. , 16G 1 \ July 3, 1997 small area in the back here, Gtorage house. HR. REISCHL: That's correct. COMMISSIONER THOMAS: That's it? HR. REISCHL: On the outside. There -- it could also be inside. COMMISSIONER THOMAS: OJu\y. HR. REISCHL: And M.r. Walker may have some more information on that. CHAIRMAN DAVIS: y~. Kant? HR. KANT: Thank Y01J. For the record, Edward Kant, transportation services. In the staff report, on page four, where the report addresses ingress and egress to the property, one of the issues that was raised during our review of the project was the access onto North Collier. As you are aware, that particular segment of North Collier has been experiencing some increased traffic and congestion from time to time. There are -- I'm sorry, did I sny North Collier? I meant Bald Eagle. t beg your pardon. There are no present plans to do any major upgrading of that roadway. That is, it's not in the master plan to be four laned. There will most likely be ::;ome additional improvemf"!nts over time, but our concern waa with traffic circulation. Because this lot is a corner lot and there is an existing intersection on the south side at Windward Drive, we recom:nended that the main ingre.as/egress be off of that existing street and that the access point which they are requesting onto Bald Eagle be restricted to an exit only. And I only am making this statement because I want to impress on the Commission what we think is the seriousness of this request. It's not kind of run of the mill in this particular case. We don't have any çoncern with the uses or for that matter any intensity of use. We are concerned mostly with the traffic circulation and probably would be making this recommendation regardless of what the requested use was for. COMMISSIONER THOMAS: So that this location would be __ HR. KANT: You are referring to the Bald Eagle access point, yes, sir, that's correct, yes, sir. CHAIRMAN DAVIS: Would that be an exit only with,left or right turn use? , HR. KANT: Under the two-lane condition, it could be left or right turns, that's correct. If there ever was any kind of a median or something in there, that would be subject to the access management policy then in effect. CHAIRMAN DAVIS: Okay. Any other questions of staff? Would petitioner like to __ MR. KANT: Excuse me, sir. Mr. Mulhere just pointed out that if there -- that if that stretch of roadway also had a median, there's a potential for then making that a right in, right out, but because of the existing traffic conditions and what we see in the relatively near future, that is over the five year horizon, we would be very concerned about having that a free access both in and out under these conditions. Thank you. Page 22 - 16G 1 CHAIRMAN DAVIS: Sure. Anyone else to speak on this petition today? Okay. HI'. Thoma.s? COMMISSIONER THOMAS: Close the public hearing? ~RMAN DAVIS: No. I thought you had a question. COHM7SSIONER THOMAs: No. CHAIRMAN DAVIS: Okay. No one else to speak on the petition, ~hAnk you. I'll close the public hearing. Motion? COHM:rSSIONER THOMAS: I would like to make a motion that we approve CU-97-14 with the added stipulation that there will only be exit only onto Bald Eagle Drive, unless a median is put down with no -.dians cut. In the future, then it would revert to a right in and right out. COKHISSIOlŒR OATES: Second. CHAIRMAN DAVIS: Discussion on the motion? COKMISSIOfŒR WRAGE: I'd like to hear that again. CHAI~~ DAVIS: JUBt making sure it's an exit only. COMMISSIOtlER THOMAs: It's a..'1 exit only, and being __ put a lD8dian d01rm Bald Eagle '''ithout a median cut. Then it should be a right in, right out. COMMISSIONER NELSON: I don't think you need a right in, right out, because thore's only a half a block ~fore it __ those streets COMMISSIONER THOMAS: Okay. CHAIRM.t\,¿v DAVIS: The motion is amended to reqUire an exi t only, .and the -- Ed, you made the second? COKMISSI~ŒR OATES: Yeah, that's fine. COMMISSIONE.R NELSON: Okay. One more discussion on it. CHAIro~ DAVIS: Yes. COMMISSIONER NELSON: About the storage that we -_ the storage there's a storage area, the part we can't see, is that the same elevation as this building, no more than, it looks like, a two-story or 15 feet, or whaeever? . MR. REISCHL: The elevation was reviewed at the time of STP, and the -- COMMISSIONER NELSON: At the same __ HR. REISCh~: Yes, with the architectural standards, all four elevations comply. CHAIRMAN DAVIS: And Mr. York? COMMISSIONER YORK: Petitioner agrees it is an exit only, if that'. -- CHAIRMAN DAVIS: I think if he did, he probably would have been July 3, 1997 on -- Any more discussion on that motion? Motion was made by Hr. Thomas, seconded by Hr. Oates to recommend approval with the exit-only stipulation. All those in favor signify by saying aye. OppoSed? (No response) CHAIRMAN DAVIS: It carries unanimously. We are going to take about a 5-minute break while we fill out our Page 23 --- . 16G 1 fi~tn~. of fact. (Brief recess.) CHAIRMAN DAVIS, Call the meeting back to order. On PUD-97-3, I'd ask all those preSent here today who are gOing to testify on this petition to please stand, raise Your right hand so that the COurt reporter may Intear you in. CHi tnosses 81fOrn.) CHAIRMAN DAVIS: Tå4nk You. Hr. Nino. MR, I~, Ron Nino for the record. POD-97-3 is an application, petition to rezone some 1,374 acres of land from agricultural to a POD classification. The land is located both north and south of Immokalee Road. I'm going to Use the petitioner's map, it's much nicer, as uaual. ~in Eagles is -- all of the land to the east of the TWin Eagles, or at lasst a good share of it, is in the estates district, including oa the north end. The estates district goes further West a mile, so it completely circumscribes ~in Eagles on two sides with estates lot., and on the weat side with other agriCUltural. HOwever, on the 268 acre parcel that lie. south of IMmokalee, that is all -- that parcel of land is totally circumscribed with agricultural zoning and not the estates district. Immediately to the 'øest of ~*in Eagles, north of Immokalee Road, Ii.. the Bon! ta Bay Go1 f Course deve1QpQent. All of the land is located within the non-urban designated area of the future land-use map of the growth management plan. That __ we Deed to appreciat" that the non-urban arc.. provides for DOn-residential develo~t, but it provides for -_ I mean it provides for redden t ial d«ve l""""'nt . However, "" need to apprec ia te tha tit provide. for residential development at one unit per five acres of land. Tha issue then which Comea to the forefront on this petition is what does the growth management plan, future lend Use element mean Mben it says one unit per five scres of land. Does it mean ooe unit _ - thet every house has to be on a five acre lot, or does it mean that we need to average one unit for every five acres of the growth area of the project that's inclUded in the lend. . So úmediately, in order to address the issue of',consistency with the future land Use zones and growth l118Dagement plan, '"" need to interpret, because the future land use element, in the opinion of staff, is not all that clear, end consequently however, I _an, the P1"OVisioa is l114de in the growth management plan and in the land Use devel~t code end in those kind of situations the planning services director ia authoriZed to make an interpretation. That interpretation was rendered and that interpretation says that the future land Use element II>esna that you can average density inetha agriCUlturally desi9D8t~ area or the non-urban ares of the county . Of course, that decision will be basically confirmed or other actioa will be taken by the Board of COUnty COaUssioners. So that in the filial analysis, the question of consistency with growth management JUly 3, 1997 Page 24 n ,- -- , . . r''': - ,of. '-,' _:" .","', ' ;.-,'. _" ,/'. ':. -:-. . ~. .J, '.,' -' '.. :.' . . . '.'., . --- . ''í.,:.;t. ('~' ~: t ~1 . ' '.. '. :.l " 7.' " .....",. .. . / , , ",: , : ~ . . _ , . -"'. "'; '" ~'" ,,:, 1,1<· ,~. 1: s .....'~ "" ~ . 11:: ,) .... ", { 1 6 G 1 July 3, 1997 , plan relative to the development of this land as with housing, rests with the County Board of Commissioners, but at the present time as we stand here before you, we can say to you that it is consistent based on the interpret4tion of the planning services director, which has not been appealed. There is one other issue that we need to address in terms of c0D8istency with the grO"""th l1"..anagcment plan. MR. HULHERE: Ron, I don't ~~an to interruPt, but it actually has been appealed. MR. NINO: Oh, it has been appealed? MR. HULHERE: It has not been heard by the board yet. MR. UlNa: Oh, I' Q sorry. I didn't rJ10w that. Thank you. But the long and short of that is that that decision will be made by the County Board of Commissioners. and if the County Board of Commissioners rules that density averaging is allowed, then by virtue of their decision, it is consistent with the growth management plan. Yes, 11r. Thomas. COMMISSIONER THOMAS: Haven't we had a lot of precedent with averaging all dOT~ Davis Boulevard? MR. NINO: No, we have not. CHAIRMAN DAVIS: Let me say something right now. I want to see f there is any -- how the rest of you feel. Ron and Mr. Mulhere just stated, Wayne Arnold made an interpretation in this case that Mr. Nino has alluded to. That interpretation is the subject of an appeal to the Board of County Commissioners, which they'll take further action on. And it seems to me that there is absolutely no reason for us to spend any time today on the merits or particular mechanics of that appeal. It seems to me that we are constrained by what is before us, what is in the land development code. An appeal has been made by Mr. Arnold. Everyone else in agreement with that or -- Mr. Nelson? COMMISSIONER NELSON: To some extent. But this particular site has a large portion of the acreage that is unbuildable, doesn't it? I mean from wetlands, et cetera? MR. NINO: Correct. CHAIR}UU~ DAVIS: From what I have seen, yes. COMMISSIONER NELSON: I have no problem with this principle or what you said, as long as -- if the whole site was buildable and they wanted to average it, it seems to be different than when you have a piece of property with a large portion of it that is unbuildable. In other words, we are starting down a road to me that is a little scary where you can find one small piece that has a lot of unbuilðable wetlands around it and concentrate all of the development on the whole huge parcel on that one little piece. It's a very scary -- MR. NINO: May I say that -- I'm sorry to interrupt, but we have been doing that ever since __ COMMISSIONER THOMAS: That' s my point. MR. NINO: -- the growth management plan was adopted. I mean, Page 25 --.,- - 1 bG 1 \ July 3, 1997 the nature of land in Florida is that most land is going to have a portion of it deemed jurisdictional, and that meets the claim. However, I will bring to your attention a very important relationship, and it has a great deal of legal content and maybe perhaps Ms. Student will address it as a conditional __ MS. STUDENT: I just need to focus on the Commission on something, that's all. MR. NINO: However, if you start talking about density in terms of the net acreage, you now run the risk of issues relative to taking property without just compensation, so that the beauty of the -- it's bard to use the word beauty -- the helpful part about basing density on gross acrenge is tr~t you remove yourself from the possibility that you would be -- that there would be a claim against the County for taking land without just compensation. And that's what the density average -- that's what density averaging or basing density on gross acreage of a person's pro~rty brings to the table. And we've been doing that all along, I mean __ CHAIRMAN DAVIS: One at a time. COMMISSIONER THOMAS: Why did he say, when I was saying we have been doing it, because we talk about the development along Davis Boulevard, and you all keep telling me that density is like two units or three units an acre, and I go down Davis Boulevard and I see all of that high density stuff down on Davis. MR. NINO: We've been doing it in the urban area, not in the non-urban area. And this is the first application which establishes that precedent. MR. MULHERE: Let me just add, what we looked at and what we traditionally have looked at and approved in the form of PUDs and even to the extent on a straight multi-family zoned project, what we look at i. the gross density, not the net density, the gross density for the entire acreage. . This is really no different, with one exception. The exception i. that we are looking at something in the rural area versus the urban area. The board, and I may ask Mr. Arnold to correct me if I'm __ if I don't -- don't characterize this or state this properly. The board, during the EAR process, recently supported the concept of clustering in the rural area, although those comprehensive plan amendments have not been finalized as of yet. The board, in sending those to the DCA for their consideration and review, supported the concept of clustering in a rural area. So, you know, the issues before us are really the land use. MS. STUDENT: It's not whether you can do it or not because we do it in the urban area. I think the issue is whether this is sprawl, which we have some things ~,d Mr. Arnold made his interpretation on whether it is sprawl. That's the issue. It's not whether you can cluster or not, because we do that in the urban area all the time. That'. really a side issue. COMMISSIONER THOMAS: I don't know why they have to treat agricultural land differently. CHAIRMAN DAVIS: Mr. Nelson. Page 26 _~,w__..~_____.__ 1 6 G 1 I \ July 3, 1997 COMMISSIONER NELSOtl: And again, I may be wrong, but I saw a slightly different twist to this. That's why I said I don't have a problem with this in general. In other words, in areas where we have used the gross acreage and allowed people to build multi-family, where multi-family is allowed to start with on that particular property on a small section of it, I see that as different. Then we move out into the r~ral area where it is n~~ one development p~r five acres. Now, if it is wetlands, that takes care of itself. If you stick with one per five acres, and they have a lot of undevelopable property, they simply can't build houses on it. But now when you switch from that, when there is no multi-family allowed. and all~~ multi-family or more clusters are going to get on the small development part of it, I think it is a much bigger problem. MR. MULHERE: It -- in fact, that is the issue, and the board, as I said, the board has gone on record through the ~~ process to .upport the clustering in that rural area, so that is, for us at this point, Answered, not to say that the bo~rd couldn't go make a different finding as a result of he~ring this petition. Also, I just want to add for the record th4t the board's interpretation, we hope, will be scheduled for the s~ day as the board's hearing on this, excuse me -- the appeal of the interpretation by Mr. Arnold will be heard on the same day as this petition: and obviously if that's the case, that would be heard before the board bears this petition. CHAIRMAN DAVIS: I really wasn't trying to protract the discussion. The point I was trying to make was that I think we need to avoid a discussion of obtaining the appeal before the Board of County Commissioners and focus in on what's before us and the criteria that constrains us. Mr. Thomas, and then we need to move back to Mr. Nino. COMMISSIONER THOMAS: I kind of agree with you that we need to delay this and let the County Commission make their stand, beca.use I'm going to project a vision out there, folks. And I don't care what you call it or how you stack it up. If the intent of this body is to be able to go down 846 all the way to Immokalee and find on either side of 846, abutting 846, what appears to the vision to be a density of eight units an acre, this is what this will do. Okay? This is what this will do, because there is a lot of land on 846, on 858, down to State Road 29 that would be perfect for this kind of development. And the intent was to allow a farmhouse on a piece of agricultural land. The intent was to allow a peaceful country setting. And this is the first time you have heard me talk against development since I have been on this board since '87, you understand, but this does not make sense. CHAIro~ DAVIS: All right. We'll go on through and we'll go in -- HR. NINO: My purpose in going through that litany was to tell you that staff's point of view, as I stand here before you, we are of the opinion that this petition is consistent with the future land use element. We need to determine consisten~J over a number of elements. Page 27 1......... 'II - F' ,,- 1 ...... IJ - iii. -___ð_ -,.. The other elem~nt we need to determine consistency with and we have in our staff report with same condition is the issue of utilities. The growth management plan currently says that development within the agricultural are4 has to be by private systems, septic tanks and wella. Currently, through the EAR process, the board has expanded that to include private package disposal plants. This P~~, a8 it is structured, my staff report said four alternatives were provided. Since the prepdration of the report, the PUD has been further amended and there are now three ways of providing sewer and vater services to the development within this PUD. One is by septic tanks and wells. Second is ~/ the provision of a package treatment plant for sewer and water. And third is connection to the Orange tree waste water and water disposal and POtable water system. In the opinion of staff, the growth management plan, utility element, does not provide for interconnection to any other system. So in the opinion of staff. that provision in this POD is inconsistent with the utilities element. It's also at this point in time inconsistent with providing a package treatment plant. However, as I indicated, the board has cOnveyed to the DCA an amendment to the growth management plan which would provide for privatized treatment plants. So when this petition gets to the board, their decision ~/ill confirm whether or not the petition, with the inclusion of a private disposal system, is consistent with the growth management plan. Our recommendation to the Planning Commission, and we ask you to recommend to the board, that the provision in the POD that addresses connection to the Orangetree system be deleted from the PUD because it is inconsistent with the growth manag~ent plan as it will be amended. Relative to other elements of the growth management plan, that is the amount of open space that's required of PUDs, the conservation element, I would simply confirm that the method __ that OUr report advises how this project, as it is designed, is consistent with conservation, open space element3 of the growth management plan. Our report addresses ho~ it is consistent with the storm water management plan. In summation, in terms of consistency with elements of the growth management plan, our advice to you is that this submission is con.iatent with all elements of the growth management 'plan on condition that the provision in the PUD providing connection to the Orang.tree system be deleted. The POD is a POD for two IS-hole golf courses, 275 housing units. Uader the master plan that's in your -- in your application package illuøtrates that development, all of the development, namely the golf cour.e and the houses lying north of Immokalee Road, the 26B-acre tract lYing south of Immokalee Road that will provide recreational amenities for the residents of -- residents and members of the Twin Eagl.. Golf and COUIltry Club. The standards, the development standards for housing in this PUD are the same standards that would apply to housing if it were located July 3, 1997 16G 11 I Page 28 .-.--- 16G 1 July 3, 1997 , in the agricultural district: 50-foot setbacks, 30-foot side yards, 50-foot rear yard. The minimum size house that this PUD will __ the minimum size house required by this PUD, you might be interested to know, is 3,000 square feet, substantially more than the minimum size square footage of residences that are otherwise allowed in agricultural zoning districts. We are of the opinion that the PUD, as drafted, with the one exception that I addressed, is a PUD that's -- that is generally in accordance with our policies ~elative to the way that you structure PODs. We think that it includes all of the essential elements. It includes all of the development standards that we normally look for relative to the regulation of how land is put to use, and, as staff, we recommend approval of the PUD. As indicated in our staff report, the Collier County Planning Commission recommend -- we recommend to the Collier County Planning Commission that you approve -- recommend approval of PUD-97-3 as represented by the proposed ~~in Eagles PUD with the document and master plan. Further. that the PUD provide that in the event the GMP is amended to allow package waste water treatment plants and potable water supply systems, that their implementation be required, and that all the land be served with a sewer collection and water system, transmission system, and further, the reference to a connection to the Orangetree utility system be deleted. Let me add, what we're saying here is that if we had our druthers, we really don't want septic ta~ks and wells on each lot. We're hopeful that the EAR ~endment requiring -- providing for package treatment plants will be successfully approved. And if it is approved, we are suggesting that that be the required system that is applied for the provision of sewer and water within this PUD, and we are saying that for an obvious reason. The day when the event will inevitably come when the county system will be available to this property and it would be wise that there be a system in place in here that merely needs to connect to the county system. CHAIRMAN DAVIS: Mr. Mulhere. MR. MULHERE: I just need to add -- I feel the responsibility to add. I said Mr. Arnold would correct me if I misstated, and he did let me know that I did misstate in terms of clustering. The board was silent on that issue. Obviously then this issue of clustering would be a function of their hearing of this petition. During the year of process, they were actually silent on the issue of clustering, so I wanted to get that straight for the record. HR. NINO: I'm like that guy on the weather. I knew that. MS. STUDENT: All right. Mr. Chairman, I need to point out that the review process could be very long and convoluted, and just because the DCA mayor may not, we don't know yet if theY're going to sign off on our EAR amendments. If they don't, we have got to go through a double process which could take a year or so, and then the Governor and cabinet for a final sign-off on whatever happens there, and it could be -- you know, the worst case scenario is it could be two or three years down the road if we get challenges or anything on our EAR Page 29 , b._A T - - '- -T-- I-~' --- ~ -- 16 G 1 July 3, 1997 amendments. And then íf DCA signs off and we are okay and nobody comes in the wind~~ period and challenges our EAR amendments, then we vill be all right. But I just need to let you know it may not in the worst case be as immediate as we would like it to be. CHAIRMAN DAVIS: Okay. Let's get into questions of staff. Mr. Thomas and then Kr. Brue t . COMMISSIONER TI{OMAS: I heard, gentlemen -- I'm going back to the utility question because to me, when you said, and what Ms. Student just said, what forced this development to use septic tanks and wells, and the attack of that on the aquifer seems to me to be very damaging. To me it would be far better to hook up to the Orangetree, if you're going to do something like this, than to even think about __ you were very adamant to eliminate that possibility, and hopefully they will get their own package operation if the EAR goes through. I'm just __ I'm just not quite sure I understand this whole thing. I m~an, I've got some real serious concerns, unless each house is going to be on a five-acre lot. CHAIRMAN DAVIS: W~s that a question or a statement? COMMISSIONER THOMAS: A statement. CHAIRMAN DAVIS: Okay. M.r. Bruet. COMMISSIO!iER BRUET: Again, on the same subject, it just seems like common sense says that they should hook up and avoid all the 270 septic systems, realizing someday water ~,d sewer will be brought to the site, but you're sayíng. as of today, you as a staff, your hands are tied. You have no options. Is that right? MR. NINO: Exactly. COMMISSIONER BRUET: In layman's terms, if you -- even if you favor the developer'a proposal, you really can't do much about it because the growth management plan doesn't allow it. HR. NINO: You're exactly correct. MR. MULHERE: With respect to the Orange tree packaging plant, not to prolong the discussion, but part of the reason was not only Ron's reference to the growth management plan, but also we believe that the settlement agreement of the PUD, the intent was to limit that __ as the project is limited to the boundaries of the settlement agreement, so too then would the service be limited to those boundaries. COMMISSIONER BRUET: Good point, Mr. Mulhere. CHAIRMAN DAVIS: Mr. Nino. in your staff report it talks about a mobile home overlay, which all that means is the destiny of one unit per five acres, can be residential homes or mobile homes. MR. NINO: Correct. CHAIRMAN DAVIS: Okay. The surrounding of estate's zoning that you pointed out, that's -- those are all on well and septic tanks; is that correct? HR. NINO: Anyone who has built in there would have built on a septic tank and well. CHAIRMAN DAVIS: Do you see __ going to see zoning changes in that opportunities there for developers? contiguous properties? do you see a situation where we're estate zoning? Is there Could I go out and buy 20 Page 30 -- --... ...'....---.. R~.go - -If ~III... _--.... - -,-- " 16G 1 , I . , : July 3, 1997 MR. NINO: Not unless the estates -- not unlet3~ th1i! growth management plan were amended to allow development 1ft the estates on lots less than two and a quarter acres. CHAIRMAN DAVIS: You mean clustering in the estates? MR. NINO: I suggest that -- I think I'm of the opinion, because we have hðd the challenge with this, and our position has been in order to do clustering in the estates zone, it would require growth management plðw.'1 amend:nents. CHAIRMAN DAVIS: Any other questions of staff? COMMISSIONER THOMÀS: Let me repeat what you just said. To do the same thing in the estates that they want to do in the agricultural zone, they need a growth management plan amendment? MR. NIUO: Yes, because the estates is dealt with as a very special kind of district. COMMISSIONER THŒ1AS: But now the picture that I'm looking at, that site plan of 20 acres looks just like, could be Pelican Marsh, could be Grey Oaks, could be any one of those. MR. NINO: I'm not arguing with you. CHAIRMM~ DAVIS: Any other questions? Mr. Wrage. COMMISSIONER vffiAGE: Just one. Mr. Nino, I have read it and it is my understanding that the traffic circulation element is Coa.istent7 MR. NINO: Yes, it is. COMMISSIONER WRAGE: That based on build-outs. no problem on 846? MR. NINO: Correct. COMMISSIOtŒR vffiAGE: I would disagree. I travel that every day. We've already got a problem, but I understand the __ MR. NINO: Yeah. CHAIRMAN DAVIS: Was there a minimum lot size in the PUn? MR. NINO: Yes, the minimum lot size is 33,000 square feet. CHAIRMAN DAVIS: H~~ many square feet in an acre? MR. NINO: 43;560. CHAIRMAN DAVIS: Thank you. MR. NINO: You'll note that this PUn allows guest houses. I mean, we raised that issue with the developer, that the LDC requires a minimum area of an acre for guest houses, and so the PUD wasn't __ the POD has a provision in it that says, while even though the minimum lot size is 33,000 square feet, a guest house will only bé permitted in conjunction with a lot that is an acre in size. CHAIRMAN DAVIS: Any other questions of staff? Would the petitioner like to come up and make a presentation? MR. ANDERSON: I've been ready to come up here for the last 15 minutes. Good morning. For the record, my name is Bruce Anderson, B-R-U-C-E, A-N-D-E-R-S-O-N, on behalf of the petitioner. The first thing I want to tell you is what your comprehensive plan says. It's not gray. It's quite black and white. It reads the same way, except how density is concerned, it reads the same way as it does for the urban area. Residential land uses may be allowed at a maximum density of one unit per five gross acres. So the camp plan is very clear that you Page 31 IbG 1 July J, 1997 create development in a r~ral area the same as you create in the urban area for purposes of calculating density. You look at it on a gross acre basis. The reason you do that is to encourage the property owners to save environmentally sensitive areas and not battle over every square inch. I ask you to keep in mind one simple basic proof about this petition. A golf courDe community with 275 single family homes or 275 mobile homes on five-acre lots is permitted as a matter of right without any other zoning approval under the existing ag zoning. The only difference between what's alreaœr permitted and what this POD proposes is re~uced lot size and the desirable results that result from that; redllc~ roads, increased open space, and preservation of native habitðt areas. I'd like to first start with where this PUD is located with the use of the future land use ~~p here where we have placed an environmental overlay that indicates the areas that are either under public ownership through the CPXW program or other programs, and those that are slated for acquisition under those programs. The Twin Eagles prop~rty i3 located right here and estates on the north, south, and you'll notice that the future land use designation indicates enviro~T.ental sensitivity that permeates much of this county, it's not on this property. This is in an isolated pocket of agriculture, rural lands. It's surrounded on three sides by urban and estates lands which allow twice to 20 times as much density as Twin Eagles is requesting. Most of you will recall that this stretch of Immokalee Road was the one that was at issue last year in the attempt to expand the urban area in order to allow up to 20 times the density presently allowed. Now, obviously, market pressures are bearing down on this segment of Immokalee Road laying between the estates area and County Road 951. Now, in contrast to last year's urban area expansion attempt, Twin Eagles is not requesting any increase in the existing density that be allowed out there. It's only one unit per five gross acres like the camp plan very clearly all~~s. I'd like to call this area the hole in the donut" because it is surrounded on three sides by higher dp-nsity lands, urqan and estates, and on the north by land3 that are slated for, or are already under public ownership for conservation purposes. ' Twin Eagles itself is abutted on two sides, on its eastern boundary and its western boundary, by non-agriculturally developed lands, the Bonita Bay golf course and estates homes. This property is also located within three and a half miles of public schools, a fire station, and two utility providers, Collier County and Orangetree. Now, as Mr. Nino told you, all the homes are going to be located on the northern piece. It's heavily impacted pasture land. That's the only place where golf course or homes are going, and somebody made the comment, well, boy, this sure looks a lot like Grey Oaks or Pelican Strand, or something in the urban area. Not if you look Page 32 16G 1 July 3, 1997 closely. The density is quite different. You won't find any of those developments that have an entire 268 acres that don't have any homes at all on it. I mean, the density is the difference. COMMISSIONEP. THrn~s: ~~t's the minimum lot size? MR. ANDERSON: The minimum lot size is -- it's just under an acre. The average lot size is one acre. They range from point eight tenths of an acre to two and a half acres. Now, the Collier County land development code requires that 60 percent of the area of a residential ?UD be set aside as open space, including golf courses. Twin E~9les meets and exceeds that requirement in that we have more than 60 percent open space and we exclude the golf courses in that calculation. Another distinguishing feature about this PUD is in regards to native vegetation and retentio~ requirements. Again, the code only requires 25 percent retention of native vegetation on site. I'm pleased to tell you that we are retaining more than 90 percent of the existing native vegetation. COMMISSIOrœR TIIOMAS: That includes the subsidies? MR. ANDERSON: Yes, sir, yes, sir. In addition to the 90 percent of native vegetation we are going to retain, we are actually going to improve the quality of the land out here by revegetating the pasture lands where the homes are going. Twin Eagles is going to revegetate the pasture lands to create native landscaping zones on each lot. These landscaping zones are going to be in the side yard setbacks of each platted lot and is going to require that a minimum, that 50 percent of the side yard setbacKs be revegetated with native vegetation. These dog bones-shaped native landscape zones, would be about 17,500 square feet on a typical one-acre lot. Now, re-creation of these native plant communities in the old pasture land areas is going ta improve tho current degraded condition of this property for birds and other wildlife habitat like that. These corridors are going to be approximately 60 to 80 feet in width at a minimum between the homes, and they are going to connect with the golf course areas and other preserve areas and lakes as well. In total, a minimum of 55 acres, the new wildlife habitat will be created as a result of this self-imposed requirem~nt. Additionally, another 46 acres of this pasture land are going to be restored to cypress and maple marsh lands for Wading bird foraging habitat. In addition to all these m~asures, the developer has under contract an estate loch to the north, and it is right at this corner of the property. It is located in between a lot already owned by the CREW Trust and a lot owned by the County, and this lot will be dedicated for conservation purposes and used to establish a wildlife corridor linking the CREW lands to the north to the Twin Eagles preserve areas. Aa to the issue of utilities, we are trying to be as sensitive to the environment below the ground as we are being sensitive to it above the ground or on the ground, and we prefer to have a choice other than Page 33 ~ . . '. ~. . ,. ...,. . ~ JI' ¡ I"'" I>· ;"~'~<~ ~,'.,'...;,,.....".;i-4( .~" ..·~"""·î ...,»"...., .'?, .......",.~,;,. ."'cI;" . ,~ ... .. '\.. ,,/;,. ~ ',..'1.......";,(~¡..A¡;..,.·r\:... t,- ""1 !~~,47H:,~. ~~ 't~~\.I>...~~>"A....(/I.""~~f;. ..."';¡', .',~~ 'J .....;f.......". '*~. . '" .. . - "',..""lOcI :.:. ·f.-I ......II' \' ;, ....,;.., ....'~., " ...,.. _ ~... "".. t . . . . , " , , I' "..,¡" 1 6 G 1 , July 3, 1991 septic tanks and wells. w~ hav~ listed three alternatives for water and sewer service in our VUD, and we ask you to pass along all three as a recommendation to the County Commission. What Ms. Student told you about the possibility of, you know, camp plan appeals and d~laY3 of up to three years is exactly why we have listed three choices and not limited ourselves to just one. We would like to be able to connect to the Orangetree plants. We think that might be a better ide~ than having our ~~ on-site plants, even if those comp plan ~~endm~nt9 get approved, but in case they don't get approv~d, or that there is a delay, we want to have another choice other than wells and septic tanks. I'll be glad to an~~er any questions that also l~ve a te~ of consultants with us today. of them right now because I don't ·--.rant to have names . CHAIRMAN DAVIS: ~rr. Anderson, you talked about your conservation areas. You talked particularly about both plant and animal habitat. Talk to me again about the way it is connected throughout the project and how it connects off site, particularly as it relates to small animal habitat, or maybe you have an expert here to speak on that __ MR. ANDERSON: I do. I do, and this gentleman, I will let him spell his own name. I'd ask our environmental consultant to come up here. MR. WASSDECZTGE: My name is Geza Wassdecztge, and I'm a wildlife biologist and a consultant. First name is G-E-Z-A. Last name is in three parts, W-A-S-S-D-E-C-Z-T-G-E. Basically, what ~e are trying to do and I'd like to pullout the aerial and concentrating on the CHAIP~AN DAVIS: You can take the microphone over there. MR. WASSDECZTGE: Any~ay, as far as the way we are trying to tie in, these areas are already pretty much existing isolated wetlands as far as the overall habitat goes for the areas to the north and'to the west, with the exception of this portion on the west -_ the no=th section on the west side. We felt that it wasn't really critical to try to try to create major wildlife corridors for the isolated areas that are existing in here ~ith the intent to maybe prevent the large vertebrates from coming in there, such as the possibi~ity of bears in the area. Even if today they were to come into this area, they would have to cross wide open pasture land. Because we are 'providing probably 70 some odd percent open space within the golf course, the existing native areas, if they wanted to pre-arrange and cross the golf course, you can find that happening all the time in existing golf courses. We also felt that we didn't want to provide corridors leading south because of what's do'--.rn there, which is basically more additional five-acre rural lots once you get do'--.rn into here and there was no primal reason to bring them down there. There is history with the Game and Freshwater Fish Commission that bears that roam in this area tend to get shot any--.ray. So we are trying to -- also, you know, the possibility of them getting run over if they get into the Lmmokalee you all may have and we I Won't introduce all to spell all of their Page 34 .."-. - ....--.----......................-.... .... .I.---·,ra.·.........-...~~~ I--~ -.-~rl....._.L~¡....Wt~~ ___ 1 6 G 1 I , July 3, 1997 Road area. The only other corridors that we are providing will be primarily for the small rabbits and little dick&y birds that would follow along the edges of the golf course f~irw~ys and the rough areas and the landscape areas. CRAIrovu~ D^VIS: That is fine, the work the Game and Freshwater Fish Commiasion has done. There are quite d few black bear in the area, correct? MR. yìASSDECZTGE: Yes, there are. CHA!~l DAVIS: Okay, thank you. Any other questions of the petitioner? Yes, Mr. Nelson? CO~aSSIONER NELSON: Mr. Anderson, I have II question. 'Iou emphanized that you felt there was little difference in the determination of density, and as I mentioned earlier, this is my biggest proble¡n with this, to allow homes on a density of one per five grOS8 acres, to ll'\e, is completely different than the clustering concept that we have here, where you want to take the whole parcel and determine the density. It's just different. If you had a parcel that was 50 acres, surrounded by a thousand acre8 of unbuildable land on the existing density calculation, you could build tan hcmes because you could only use the buildable portion. MR. ANDERSON: No, you're wrong. COMMISSIOl~. NELSON: Well, how could you build more than ten? MR. ANDERSON: Because the camp plan states that you take into account all of the acreage. COMMISSIONER NELSON: But the homes have to be on -_ each home baa to be on five groBS acres. COMMISSIONER THOMAS: No, you only have to abide to the setbacks that are much larger in the rural area. That i8 the only thing you have to abide by. . COMMISSIONER NELSON: Ho, I don't think so. Corr~ct me if I'm wrong. I think 1f you were supposed to get 50 acres surrounded by a 1,000, you could still own 1,000 acres that were unbuildable. You could only build ten homes. Isn't that correct? COMMISSIONER TIIOMAs: No. COMMISSIONER NELSON: Why do you Gay that? COMMISSIONER TIIOKAS: Difforent gross acres 1,'050 acres __ CQOoaSSIONBR NELsON: That i8 why I am bringing this up. I m.a.y not understand it, but it says one home per five gross acres. It doesn't allow any of this clu$tering. CŒ1KISSIONER PEI:X::>NE: It doesn't say one home per five gross buildable acres. It says five gross acres. caoaSSIONER NELSON: So hOW' are you going to put more than ten home. on so acrea? COHMJSSI~GR TH~~: No, you're not putting ten homes on 50 acre., you're putting ten homes on 1,050 acres, and the only thing that you have that is restraining you is the Be~ck requirements. That is the only thing that's restraining you. Page 35 ......___ __._~. ...........r__-<"."..........~....._....,.~ _ __....,......___.__ _~_ --.~ -~ ...~..... -----_..~--- . 1 6 G 1 July 3, 1997 MR. WJLHERE: I'm not s~re that I will be able to clarify it any more than that, but I think in one sense you are correct, Mr. Nelson, if we look~d at the -- if you looked at the example, as Hr. Anderson alluded to, of creating a single family platted rural subdivision, if you will, 0: fi'Je acre tracts, and in going through that process, it is likely that if you had som~ wetlands, it is possible that some of those wetland3 would not be developable, and in ð straight zoning situation, you may net be able to develop just take the gross acreage. Qivid~ it ~ý five acres and co~e up with those number of dwelling units. TI1at's correct. However, in a PUn, you are permitted to use the gros3 acreage, regardless whether it is single family or multi-f~nily. You are permitted to use the gross density and this is a PUD in a rural area, nonetheless, under these circ~~tances you can cluster or use a gross density figure as there __ COMMISSIONER ~~LSON: I understand all that, but we haven't done that yet, have we? MR. WJLHERE: No, that i3 why we are talking about that. COMMISSIONER NELSON: OKay. MR. ANDERSON: The urban area the comp plan says you may do it in the rural area as well. I think your complaint is more with the existing comprehensive plan, and to put in there the view that you have, you really need to amend it and say one unit per five net acres rather than gross. MS. STUDENT: Mr. Chairman, there are a couple of provisions of our comp plan I would like to just read into the record for your consideration and I'm not going to draw any conclusions about what they might ~ean, that's for you to do, but first of all, policy five three of our future land use element says, discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by confining urban ,intensity development to areas designated as urban on the future land use map, and by requiring that any changes to the ur~, designated areas be contiguous to an existing urban area boundary. Now there is another provision that I alao need to read concerning clustering, and that is policy five six, a couple of paragraphs down, which says, permit the use of cluste~ housing, planned unit development techniques and other innovative approaches to conserve open space and environmentally sensitive areas, and it doesn't say where you can do that. So I just need you to keep those policies in mind as you deliberate, and if you need help on what urban sprawl might mean or urban intensity development, I am an attorney, not a planner, and perhaps the professional staff can help you with that. COMMISSIONER YORK: Marjorie, can you repeat the first one, please? MS. STUDENT: Okay. The first line says, discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by confining urban intensity development to areas desiqnated as urban on the future land Use map, and it goes on to say, Page 36 --------.-------." .. . __ _. _" ..__ d.__·_._.... 4._.____-____' . ... .........' ~tf""IN M\j¡IiI. -.. - - ......... ~_._-...&.......... ...~....... ................- -- .-..,~ ....... 1 6 G 1 , July 3, 1997 and by requiring any chang~s in the urban designated areas be contiquous to an existing urban area boundary. Then five six, and there is no limit of land ~h~re this can OCcur, says, pennit the use of cluster housing, planned unit development techniques and Qther innovative approaches to preserve open Space and environmentally sensitive areas. COMMISSIONER THOP..AS: 'r'lhy are we ca Iling it urban sprawl or thinking of it as urban sprawl as oPPos~d to rural development if the gross density is lesa than five units __ t1S. ST"JDENT: One of the planners will have to answer. Haybe Mr. Arnold can. MR. NINO: Do you ·....ant me to try to answer it? COMMISSIONER THOMAS: I don't care. I just want to y~OW why would you call it urban sprawl as Opposed to rural development? MS. STUDENT: I'm not calling it -- I said it's a conclusion tha t -- MR. MULHERE: I can respond partly. Maybe Mr. Arnold can expand on it. It has a lot more to do with not only just density, but also the services that m~y be required to address the development. MR. Aro~OLD: Wayne Arnold for the record. I caught part of the question. I apologize I didn't catch all of it. It sounds as though we are trying to determine the issue of urban sprawl. COMMISSIONER THOt~S: But she gave some reading out of the code that talked about that we should prohibit what sounds like CHAIRP..M¡ DAVIS: Discourage. COMMISSIONER THOMAS: -- discourage urban sprawl. MS. STUDENT: It also says you can permit clustering, so COMMISSIONER THO:-1l\S: But what I'm saying is, .....hy are we talking about urban sprawl as Opposed to rural development? MR. ARNOLD: Í'/ell, I think that it's a little bit difficult to capture exactly those terms because when we talk about urban sprawl, it's not just an issue of density. It talks about the intensity of services and necessity to have other services to go along with that development and urban densities. Clearly, the proposal before you is that a rural density, as we permit under the rural agricultural lands of our futu~e land-use map, at one unit for five gross acres. If it were in the urban area, it would have the ability to develop that based on a density of four units per acre, 20 times what they are proposing here, and that is a significant difference, in our view, of the determination of whether or not we have urban sprawl or not. When you factor in utility necessity with that proposal, it makes that argument more clear. COMMISSIONER THOMAS: Let me ask this question. We are going to knock out one of the golf courses, just have one golf Course and instead of having those fancy trees and whatnot in between each house, we are going to put a five-acre lot, and a five-acre lot, and a five-acre lot, and a five-acre lot, and just keep on doing that on a bunch of streets, and put a house on each one of those five-acre lots. Page 37 ~ .~, ~¡~~:f ....~,.:t...~.~'~,~..~~~~ ~'.~- i(Þi..; ,~~;.r'l~~~· ._::t~,<:<: ....... ~.."")-''''" .. ~ ".,~, .~'. ~.I" "...." ~ ~ .. <t,'" <II' ~-~ , ,._.J "1::r!t.'-'-._.t I ~ . ;:::, : :,,!"": "'.: ~-_"'!. . ""'" r :-., .. '~r.. ~. r¡,,, ~.:,,;¡.,\}-..~A.,"..-., ,,'~' ,;)p~. 1_"..; .'" ~;.":';;i:~~<:. :;, .. '".. ,.(, .. '":,.j "'"" ''', . .. . '\ ~ ,". .."." i ¡,.., It"''',..;, "~.' i',,"i ~,.. :/,""'-' .~:t """,J.- ',. ..V ..' r~".....~ .." ~''''.j' ,J(: "...-.-r9' ,r.. '~-tl,;..~";o",..·t ~"..../ ~...I' ~ I" .~t:"":':'I\_1 ~~. "'~.: ~ ~i ,,~1, '''_I' "/c.;.1, ,_ 1'...... . ~ \ ,. ~~ ',,0 H > ""t"~.... .-. JI1 "'" ,. &... / - ...~ ',-' ... . < ~ ,",:. -. ....- , ~.. .' 1 6 G 1 Can they do that right now? MR. ARNOLD: Yes, they can. COMMISSIONER TIiOMAS: Without any problem? MR. AroiOLD: Under the agricultural zoning district, it permits one house eve~J five acres, and subject to getting all other permits, they could certainly do that in the county with only a rural subdivision requirement which nays you provide legal access to each of those parcels, then you can build on them. COMMISSIOtŒR HELSON: But this, I think, is the question. Could they build as many of the3e homes __ MR. Aro~OLD: Well. r don't r~ow if th~y could net ns many homes, but they could hðve the potential to build as many homes. COMHISSIONER NELSON: I know that. but the critical question is, could they? MR. ARNOLD: That question, I don't know that we could answer or maybe the developer could answer, but this __ COMMISSIONER THOMAS: I just want to know what the difference would ~. MR. AID~OLD: There is no difference in the total number of density thðt you could achieve on the same total acreage ~cause it's still one unit per five gross acres. COMMISSIONER TrlOMAS: I'm not looking at the impact on municipal services, if you ~ill, I'm looking at the impact on the environment, and they can go in and do that anyhow and put in an individual septic system, an individual well system on each one of those lots like that, and they can do that right n~~? MR. ARNOLD: Well, I suspect that they could likely over the course of 1,200, 1,400 acres, divide that by five and come up with your number of units, it's roughly 275, and that's what we're dealing with. That's the total number that's permissible whether it's zoned agricultural or rezoned a PUn. What they are trying to do is focus the attention on the already upland area so they don't have to deal with the wetland areas and they can preserve those. COMMISSIONER THOMAS: vfuich is the desirable goal? MR. ARNOLD: Which is one of the desires of our company's plan, I would admit. The other side of that is the question Çeing asked is, well, can they still get as many homesites7 I would probably say, no, they could not. If they had to divide this into five~acre lots and try to permit every single square inch into a five-acre configuration, it may not ~ possible to get a five-acre lot drawn within the boundary for that same number of home sites. It would ~ close, but I don't know that you would net exactly the same number. CHAIRMAN DAVIS: Mr. Arnold, repeat for me. It's one unit per five gross acres. HR. ARNOLD: Correct. CHAIRMAN DAVIS: And then the urban zone is four units per gross acre? HR. ARNOLD: Right. CHAIRMAN DAVIS: So it's the same, with different numbers? July 3, 1997 , " Page 38 '. ";' "'~/'.·Jl.,',.......r' ~ '''''tff~'''''~ ...,........-:i... ~t..,ß~~""':.,...:-::~...;...~ ,I.'~ .~ ,'~ ",r . \II' . "........:.... ;...........~,..':¿~.,,'">:";~.."*'7"~"'....,~""~:'*1f.,....,."';f '" ._...... . "I" .~" -"'/''''" ~A "'" 16G 1 i , July 3, 1997 MR. ARNOLD: That's correct. It's the same groBs density, still the same detenninate. Yo~ take the total project size, divide it by tho ba3e density. ThAt is your gross density. So if YQU have 1,400 acres, divide that -- the key is JUBt the numbers. CHAIRMAN DAVIS: Okay. Any other questions of Mr. Arnold or the petitioner? MR. ~~EP~ON: I'd lik~ to go ahead and share with you. We have already taken a look at that issue and we have already figured out h~~ to split this up and get all 215 hOlnles on hero ar..d destroy some wetlands in th~ process. It can be done. And here is a map th~t shows the first phase of thp. development doing just that. CHAIRMAN DAVIS: Any other questions? MR. NlDERSON: Lastly, I'd just like to distribute and make a part of the record correspondence we have received from the Department of Environmental Protection which substantiates our request for alternatives other than septic tanks and wells. CHAIRMAN DAVIS: Mr. Xulhcre. MR. HULHERE: Yes, foll~~ing up on the question I asked Mr. Arnold. We've determined that the way you calculate ho'~ many units you're going to put on ~ piece of ground is -- the form~la, while the numbers are different, the theory is the same. Do we see a similar scenario within the urban zone where there are a lot of enviro~~entally sensitive areas BO the allowable units that they would have, four units per acre, could still be utilized? HR. ARNOLD: I think the answer to that question is yes. I think ·Mr. Anderson brought up a very good point that -- and that was my first re3ponse to you and that is when I said they likely could not achieve one dwelling unit per five acres in a straight ZOne, rural subdivision scenario, probably should have added the caveat that without some further mitigation, and I think Mr. Anderson is correct that if they are willing to do the mitigation for the destruction of the wetlands, for example, then it's very possible that they could develop all those units, and the same thing in the urban area, if there is a wetland, you need to preserve it or you mitigate for its destruction. The cost of mitigating is substantially higher and therefore it's oftentimes, you'll see, you know, obviously, it's intended to be preserved on site, and the intended re~ult has obviously been the wetland is preserved because of the cost of mitigation. . CHAIRMAN DAVIS: Right. Okay. Mr. Nelson. COHMISSIO~~ NELSON: I think it's still important to focus on when you are looking at things like this, it seems to me it is kind of useful to look ~t the vorst case scenario, and the case that I brought up seems to be one of those worst case scenarios where you have SO acres surrounded ~J a thousand acres of unbuildable property. Now, the invisible hand of development would handle that by itself under the existing one per five gross acres meaning you just couldn't build there, but if you allow this clustering concept that we are talking about, huge parcels that normally would never have been touched that are adjoining one amall dry piece of land can now be Page 39 '. "'~/.f~' {"'."''''1,'t''''''''tf1'·.:/~'·''',-:" ~,~".:.."~""~-.~_:"~,,::..~,,: ·'~JI:\',.~'~,';·:.t/.:'.~':-)I.>~'~f~"~;' ,~.~': .,. :~. ::,'.. ~>.:.' . .' '.',.', ",: ':,/.,......;....:\,.,.,.:....":.;;~,;'..:,..:. ·.V.,:'!/ :':,1".,";.'~),.·...(,,>(,,.,\:_:-; 7<'·..--:.'/,....:..'....,. .::' .,.. '. .... .. . ,,' ~..f '1/ it ." : ...... . . r I ¡. ~-' "~' /"'" . . .. ". .. 16G 1 July 3, 1997 , gathered together and all de7eloped under this concept, and it's a huge mistak~, I think, that we are getting into it. It is physically i~ssible to develop big portions of our county right now. CHAIP~ DAVIS: One might argue too, that a concept like this does allow the density of one unit per five acres and at some point either sooner or later the pressures are going to corne to bear to move the urban boundarl further east, but it could certainly increase density many times total. MR. NI?10: Also. I think you're likely set ting as ide the issue that I raised with respeçt to the possible challenge of taking people's property without just compensation, if you start narrowing density down to net acreage. COMllISSIONER NELSON: I'm not doing that. MR. NINO: You are. COMMISSIONER ~ŒLSorl: I don't think so. MR. NINO: You said if there's a thousand acres of land and only ten of it is upland, and you can only get the density for the ten acres of upland -- COMMISSIONER NELSON: No, I didn't say that. I'm willing that they can build on that thousand acres, one house per five gross acres. What I'm saying is that the physical characteristics of the land will stop it. You see, it's different. I'm allowing them legally to do it. MR. NHI0: "/ell, it amounts to the same thing. CHAIRMAN DAVIS: I'm sure we have people here today who would like to speak on this petition. If you would, please, come forward to the microphone. Don't be bashful. The first one come up, so if the next one who would like to speak, if you want to get up near the microphone, I'll remind you to state your name and please spell your last name for the court reporter. MR. GRIFFIN: ~ý name is Robert Griffin, G-R-I-F-F-I-N. I live across the street from this proposed development, and I came here today with strong objeçtions, but I think I'd like to see this over there. I'd like to see it over there better than the what the State would put over there, you know. It looks like a good land plan use to me. I o~m an acre and a quarter right across the street. I can put a mobile home on that acre, you know. I'd rather see this than a bunch of mobile homes over there. And the land has gotten too valuable for the cows. It looks like to me that they have taken care of the wildlife issue and the density is appropriate, so I would, as a land owner adjac~nt, I'm concerned about my taxes, but I'm informed they are not going to go up. I'm going to stay in agriculture, you see. But I have no objection to it and I think that it's a very well thought out plan, and I would be for it. Thank you. CHAI~l DAVIS: Thank you, Mr. Griffin. Next speaker. MR. CARLSON: Good morning. My name is Ed Carlson, last name, C-A-R-L-S-O-N. I'm the South Florida area manager for National Audubon. Page 40 1 6 G 1 July 3, 1997 , I hð.·.re been stuct.fing and/or managing land in this area, manager of Corkscre~ S~amp, I have been studying or managing land for 30 years. I'm veri' familiar with this site. I "¡atched the clearing back in the 60'3 and 70's on ~hig site and with the owners and managers, I've been on this site and am ver/, very familiar with getting the wildlife use on th~ site. Just as ù general comment, I think that this is one of the most important decisions you are going to make on this board and I'm hearing a lot of questions and a lot of confusion, and I think it's pretty tough to make a monu~ental decision with the level of understanding I think I'm hearing. Keep that in mind. Mr. Tho~~s hit the nail on the head earlier when he mentioned all the agricultural lands in the area, in northern and Hestern Collier County. YOIl should loor. at an aerial photo, a recent aerial photo of western Collier County. ~~en I look at that, I'm shocked by the amount of land that has been cleared for ago It literally looks like a crazy quilt of farm fields. There's literally tens of thousand of acres, I'm not sure the exact n~r, but it's got to be tens of thousands ot acres of ag land all around Immokalee, along Immokalee Road, all the way to the vicinity of this site. That's partly a function of the fact that in the old days, before farmers had so many chemicals available to them, they used to only farm a patch of ground a year or two and move on because they were always looking for virgin land. So even 40 years of clearing, old fields converted to pasture, and the farming just growing, it's really incredible. That kind of clearing, both of upland transitional wetlands and some cypress areas that I've observed in the past plus the establishment, the construction of Golden Gate Estates in the sense of drainage, has really abu~ed the natural systems of northwestern Collier County. A five acre ranchette in an old farm field or pasture jU3t isn't that exciting. There are lots of lots left in Golden Gate Estates. You can probably call some re~ltors and look at hundreds and hundreds of available lots, plus the Iota are available in the Big Corkscrew Island community. But what is exciting, is an upscale golfing community and the relative value of those two different land uses is awesome. You could probably get a five-acre ranchette for 30 or $40,000, and I don't know what the homesites are going for in this development, but let's just say it's going to be several, many times that. Allowing a PUD in this rural area, ag, literally in my mind opens the door for thousands of acres of this same development. I think the demand is there throughout the United States. Naples is becoming much more prominent as a gOlfing center, with the building of the stadium and there will be international -- there will be global focus on golfing in the area. It's nothing against golfing, but my point is I think that the demand is going to be there for lots of things. So wh4t does Collier County get out of this? I mean, that is the basic question you've got to ask yourself. You're sort of defending Page 41 1 b (j 1 July 3, 1997 the county here t~/ing to do the best thing. There's going to be great value on the tax rolls, right? But don't forget. there will also be demands for, you know, some commercial areas perhaps, emergency medical care. fire and road improvements. All that kind of stuff will ~ there. My overall opinion of this plan when I looked at it, and I looked at it very caref~lly, is th~t it is not really environmentally sensitive. I mean, this is a plan for a golf course community that you could build anywhere in the United States on a similar-sized piece of propÐrty. It really doesn't take into consideration the history of the site, what the natural resources were, what the contours are, where the ...,a ter f 10·.... used to be, ·....hp.rc the s Ie·.... used to bÐ. I can guarantee you there were wetlands cleared to produce those pasture lands. Basically, the preserve areas you see are the densest, deepest cypress areas where it just Wasn't feasible to take the equipment and clear it out and farm it because it was just too wet. I think ·....hat we should look for, YOIl k.now, this is basically this plan is preserving the tree islands and fringes that are there and putting golf courses wall to wall. They have taken advantage of every bit of open space for the community and the golf course and, again, I think if you look~ at the histor/ of the site and what used to be there, there would be some opportunities for some significant restoration. I think there are hydrology issues here. I think when we look at this and we look at issues of like the former hydrology and drainage now, the incredible amount of water that goes into the Golden Gate canal system and ulti~~tely into Naples Bay, it pollutes the bay. We are looking at how do we restore the hydrology of this place. Where wer.e the wetlands? How do we maximize on-site storage? Those are issues that I think need to be addressed. Wildlife valucs at the site, I can tell you that the wading birds that nest at Corkscre~ are down 90 percent, and I can tell you that these flooded pa~tures seasonally are very important to them, and there are going to be 20-foot deep lakes and fairways. How is that going to affect me? As far as the wildlife corridor issue goe3, these really aren't corridors. These vegetative screens between homes, t~ey are not corridors. They are not connected. The tree areas that you see, theY're not connected. TheY'r~ not really corridors. The plan is to rely on tho golf course to be part of the corridor. Bears prefer to move through cover. It's a fact. We have lots of bears at Corkscrew. We have lots of bears in the CREW area and I have observed, myself, bears crossing Immokalee Road in the area of this development over the years several times. I think that, you know, one bear shows up in Pelican Bay and it's front page news. They shoot him with a tranquilizer dart and he's hauled away. Even with the best of intentions of planning to educate people about the wildlife values of this site, when people see SOC-pound bears on the jogging trail or on the road and they have kids and dogs, Page 42 ----- , 1 6 G 1 July 3, 1997 , take my word for it, theY'r~ going to want it out of there. So it seems to me that this plan should address, if we're going to do this, how do we minimize the conflict? There should be some major corridors here. There should also be a crossing on Immokalee Ro~d to r~duce the conflict3. COMMISSIONER THO?'!AS: Í'lñen you say crossing, you mean like they have down 29 and 75, wildlife crossings? MR. CARLSON: And 0TI CQrkscr~~ Road, there is one. When they paved Corkscrew Road, thl.!)' ¡rut ð crossing in there. Th~y do work. They're documented to work. It's all photographic record. They work. COMHISSIONER THOMAS: Okay. MR. CAP.LSON: If this was done right, and I'm a very optimistic person -- I'm almost do~e -- as I said, I think these ag areas have been abused, the clearing. the drainage. I think if someone was really seriou3 about puttir.g in an environmentally insensitive development in this area, that you could achieve a sort of a healing. You could take some of the scars away and still have some sort of development, but that would involve restoration of the native habitats that wer~ there and a lot of sensitivity to the wildlife needs and the hydrolo~J' This is a huge issue. I think you need to handcuff on this issue. If I were you, I wouldn't ~ the least bit hesitant to send it back to the drawing board. Again, being an optimist, I think some sort of development could get support from the environmental community if it was done right. I think it's possible. This isn't it. This is not clustering. This is wall to wall houses and golf courses spread out over the maximum available area in the development. I think it's the first in a series of these things, and I think it's pretty, but I think it's not good enough for Collier County. It's not good enough for us. We can do ~tter, and this is the time to set the criteria and do the best. Thanks. CHAIRMAN DAVIS: Thank you, Hr. Carlson. We're going to take a few minutes while the court reporter changes paper. Take your time. Next speaker. MR. GUGGD,'HEIM: Good morning. For the record, my name is David GU9genheim. That's G-U-G-G-E-N-H-E-I-M. I'm the president and CEO for the Conservancy of Southwest Florida. I would, after Ed Carlson's remarks, this is one of the most important, if not the most important decision that this board may face. This is going to precedent setting. It affects something like 190 square miles of the area outside our urban boundary, and it does seem, from the discussions that we've heard, that there is __ that there remains quite a bit of confusion about the issue, about the complex web of issues that are involved here. We have an appeal pending. We have a number of unresolved issues and the need for more info~tion, and I would propose a workshop and the Conservancy has already made arrangements tentatively with an expert in this field named Randall Arnett (phonetic), who has written Page 43 16G 1 \ July 3, 1997 a book, Conservation Design for Subdivisions. He is part of the Natural Lands Tnu~t in Pennsylvania. He is ;)150 part of the faculty of the Lincol~ Institute of Land Policy in Massachusetts. He is available on the fifth Tuesday in July which is July 29th and we would be willing to take the lead to put together a workshop to help us come to terms with a myriad of issues that all impact what is going to happen to Collier County outside of ita urban boundaries. I speaK to you on behalf of our 5,000, more than 5,000 families, that are members of the Conservancy a~d over 600 volunteers. The Conservancy is on record as 0ppo~ed to PUDs outside the urban boundary primarily because of our concern that it wlll promote urban sprawl. We continue to ha'le grave concerns about a PUD, ho..... it ;night affect gro~th and urban sprawl outside that area. Again, as Ed Carlson pointed out, one PUD would attract more Pu~'s and how that one PUD impacts the regional gro~th is an issue that we need to understand better. Like it or not, ~~in Eagles is a precedent. It establishes a precedent for what is going to happen. Other ~nvironmental organizations have come out completely opposed to any PUD, to this project. O~~iously, we have the appeal pending from one of those environmental organizations. Now, the Conservan~/ remðins Opposed to PUDs unless the land development code and camp plan contain language specifying a set of rigorous criteria that would establish a ve~/ high standard for such growth that is sensitive to the environmental issues and sensitive to the issue of urban spra~l. In other words, if we're going to do this, we need to set the bar very high, and I think our position on this is base1 on the fact that ~e do have an existing interpretation. Of course, it's under appeal. Today that interpretation does say PUDs are allowed. We also recognize that growth is going to continue to occur and how can we best guide that gro.....th? Is there an alternative that's better than the kind of gro~th that would otherÑise Occur? And there are situations where clustering offers environmental benefits to five-acre ranchettes. So we've tried to be very open-minded about this issue. We've been working with environmental organizations, experts from around the country, one of whom I have mentioned, and we have had meetings with the Twin Eagles folks to try to establish a set of meaningful and achievable criteria. Now, our criterid would offer significant protection to the environment and water resources. They would clearly differentiate an urban POD from a non-urban PUD, be sensitive to human settlement in what is essentially a wilderness area and mitigate some of the negative aspects of urban sprawl. I think first and foremost among those criteria are the fact we would need to limit this to a specific area and in this case it would be designated in the comp plan that would include an area along the Immokalee Road corridor ending at Twin Eagles. COMMISSIONER THOMAS: Excuse me. "Thy would it end at. Twin Eagles as opposed to Orangetree? Page 44 ~ - -~.... ..... .""......, ,~~-.:./I'f..,p·lÞfII,,··...--:.~~·.,.f·)~:~..¡t".·1-¡f,r-:( ...:;..........."...........f"'.....;~..., f.·.;......1" . . , .... ...l...·,..t""'<I-ÍI:,..,·~·;'t../,J.'~1,.I¡·".~,./A ...~...."fi~.."..,,~,....,........,~...;..~~,.¡I..~1 ~ \,.."'1,.......~~;:'f.:t.f~.";il..1i.I,,..~l~t'ti'). r.....~,,J ,Þ"" '.. ~"" 'I.... I> ~ /¡.,,~" '........':..('.~'1....·;¿ ~i...;~.'/...I~..:/"t\I'\ ~..I';¡'t''¡,''',...t:¡/I.. ,t..._~tJ"", v~.._rrJ~",t~';-"'''.~ ''''.'0','' .. .. ~.. -.... ,..It:..,.:. /""''';'''.~/.... (fr.., ¡ .:.... .,ß ".,. ._,..... '. ~ -.it(. ~'" IbG 1 1 ~ July 3, 1397 MR. GL~~EN1ŒIM: Orançetre~ is a special case and that's s~ttlement, and it woul~,'t really apply in this case. One of the criteria is that 50 p~rçent of a project area must be remain -- excuse ~, Muat re=ain, b9 enhanç~d or be restored to native veç~tation or a natural area. It's 50 percent for the development, 50 percent for mother nature. Develo~~nt of nAtural areas must be c~nsated by off-site compensation ~J a ratio of At least two to on~, and that would addres3 some of the hypoth~tical scenArios that c~ up earlier. You've got an area that's completely natural. You go in and you remove half of that, you will need to compensate for that off-site at d ratio no lower than two to one. ^ project such as Twin Eagles that starts out at less than SO percent in natural areas, in other word3, that's a heavily disturbed site, they ~ould ne~ð to come up to 50 percent either through on-site restoration or off-site c~nsation at a ratio of one to one. We look at the CREW Trust as a poBsible off-site compensation area. It's an existin9 conservation area. It's exceedingly well managed. It offers an existing mechanism that's in place and it's an I Area that's crucial to the environment and the water reaourcea of the I area. We would also expect that the natural hydrology of preserved I areas is maintained. In other word~, if you are maintaining I preservation areas on oite, those pr~servation areas need to remain viable and it would be the developer's responsibility to make sure that the water was managed in such a way that that was the case. Clustering and compact clustering should be encouraged. Again, if you're qoin9 to do clustering, do it right. Encourage the right kind ot clustering that keeps the homes in one area and allows you to preserve the maximum amount of land in ita natural state and through contiguous connective corridors that will connect outside of the proj ect boundary. I think we have to be sensitive to wide ranges of species, including bears. This is bear country. We need to be sensitive to establishing as much c~~er as possible, building walls and fences where appropriate to keep -- for their safety, to keep them from wandering into traffic or tunnels under the road surface. I think, also, we need all education plan. People need to first of all know what they are buying, that they are buying a home in the woods, essentially. You're buying on a golf couree. It's out in the wilderness and these are th~ critters they can expect to see and interact with and it's a good thing, and here's what to do when you see one. I think we al so n~ an evacuation plan or I should say a relocation plan, for bears, if one, for example, is darted. Ed doesn't want his bears shipped off to Fakahatchee. He wants them back and I think that maJtes sense. And we need to, in advance, know that we are not going to be draining that area of its bear population. I think we also want to make sure that the homeowner's association would subscribe to the University of Florida's yards and Page 45 - . -' . , ~ I.!:~ . . ~:' c:t,~ ¡-if):, ¡vÞ ~ ;;~;': .I"'!' ,<..... "'__lItt~.#"..:'f'" :'P "",'" ,"';, '{,. ~1;·..,.....t· ,"·1~· '~:> ~~ .~ ~.""('.JÇ}._¡~¡; f ."h~"";,:,; "~5. 1._. "¡".t' t ';" .,' '.. 4~"~:;'<O;'~""'~""I-" #:~'~':,# '~..~:.-';:~ :\-,,~ ~'~;~..~.(~ ,~~·t.~,;¡:,~:~.~: .~~~~, t*-,::~;:!.'.þ/t~.~¡;.,; ->..-~. .,'''i1 ~:' : ':._: . .' ~ . , .>, _0'. ..¡.ß .... .", ~ '. '_0 ' -.. '1 «:.;?;.,~ ......-.~ ì';. ..,' JJ:-/:t~.-~ 1 b (j l' July 3, 1997 neighborhood's prog=am. It's a common sense program that minimizes runoff and wise use of water resources. Another thing that happens outs~de the ur~~ boundary in an area adjacent to a conservation area is prescribed burning. And, again, it needs to be a pre-condition. If you are going to O'~ a home there, you ne~d to realize that prescribed burning every two, three, four years is going to occur. Thðt's part of the natural system and it's something you have to deal with, to be educated about. I would say, in conclusion, those are our, you know, our starting point for crited.a that ",ole ....ould ....ant to see again, ultimately, in the camp plan if we are going to be comfortable moving forward with PUDs outside the urban boundary, but I would say that my comments would probably raiHe too w~y ~~estions as they would answer, and, again, uodersco:r:es the issue, hQ1ol' cOtrIplex this issue is. I don't think we have invested more staff time over the last few months in any other iasue because this is something at face value that seems very simple, but we don't want urban development outside the urban boundary. It sounds right, but when you look below the surface, this is a very, very complex issue with very serious consequences. So I would respectfully encourage you to consider a workshop concept so that we could more fully discuss this issue to do what's right for Collier County. Thank you very much. CHAIRMAN DAVIS: Thank you. COMMISSIONER THOMAS: While you're there, let me ask you a question because I'm concerned about the wildlife corridor concept. If we were to be able to take this and hook it across to this, hook this to here, and find some sort of under-carriage here, that could make that thing work, couldn't it? MR. GUGGENHEIM: I would defer it to Ed Carlson on that specific question, but I think, in principle, I would agree that COMMISSIONER THOMAS: Cart we hav~ the petitioner's environmentalists come up? Ed, would you come up here a minute, please? I'm looking at a recent aerial of this site and that is a disturbed site, so that in order to do something about the wildlife habitat concept, that they ....ould have to do some vegetation across here, across here, which is this area from here, over 'here. You've got some things here that's not included in the project. Then if we could bring this down and kind of hook this around this way and a corridor underneath, ....~ can create a wildlife corridor that makes sense, but that needs a lot of vegetation, revegetation of the areas, especially in here and around in here, based on this area I'm looking at, a totally disturbed site. Wouldn't that make that process __ this site work? MR CARLSON: Just real quickly, just looking at this without looking at the whole regional picture, which is what you need to look at. You need to look at something that's bigger than just this one p.rojeoct. I~, t!:4t looh like a logical __ COMMISSIONER THOMAS: I'm looking at this here. because most of Page 46 _..~"~-- 1 bb 1 July 3, 1997 this land here is the site right here, and where this looks like it kind of came this way and came back out, that's all disturbed now and unless somebody goes in and revegetates it and does something with it, unless somebody's going to be motivated by a development like this to do something like that, it's not going to happen. MR Ck~SON: Well, all I can say right now is that that looks like some kind of a logical path to follow and, again, when I look at this plan and I anticipate the conflicts and problems that are going to occur in the future, I'm not just thinking about the bears. You know, I'm thinking about the 'flell-being and the contentment of the residents there. I think it's a disservice to them not to anticipate this kind of thing and go ahead and build it into the development, because, you know, I'm sure -- I mean, the bear population is healthy with our acquisition and management of the CREW area, they are not going away. In fact, our plan is to increase the population, so -- MR. GUGGENHEIM: The only comment that I have, Dr. Harris of the University of Florida has done considerable study on wildlife corridors for large predatory animals. They recommend at least a quarter mile wide corridor which in this area you would practically have to revegetate the entire pasture area. The other thing is an area that is not being developed, with the exception of scattered golf courses, you almost have a complete natural system that goes all the way to Immokalee Road so if a -- COMMISSIONER THOMAS: Isn't a golf course going over there? MR. GUGGENHEIM: It's already an existing golf course, but if you look at it, it's only going, like you can see it right her.e, all this area is wetlands, so you've got a fairly wide -- I mean, the distance from here to here is already about a quarter of a mile, so you have a fairly wide corridor already natural that was contiguous to the entire system that catches up to the C~I. The probability of a bear wanting to cross over through residential and golf courses and so on and so forth is probably a lot less likely than it would if he just continued on here, but then that gets him again. It gets him right down to Immokalee Road and then once you get to Immokalee Road, this area here is going to be all five-acre horse ranches anyway. It has already gone through the County. I These are all little five acre and ten acre ranchettes here. Twin Eagles has a 260-acre parcel here that's going to be left, with the exception of horse riding trails, pretty much untouched. And then these are already five to ten acre lots. There is not a whole lot of area tha t a bear can wander through. COMMISSIONER BRUET: If I could add, Mr. Chairman, a lot of these issues are going to be permit issues. They'll have some major hurdles and such that they are aware of and I am sure wildlife issues and wildlife corridors are all going to be discussed. So sitting here and trying to redesign this, at this time, I don't really think that's appropriate given the backgrounds that we have. I'm sure there's major hurdles are out there for everyone yet. I think that's in their Page 47 -',--- ~ '. j .,1 ;",,',J;'.,!;,; :, . (" J ~ '~., ~: <¥~' ~ ~'O;: ..¡ i :~" ~ ~ ~".J;. ;"t '...... . ".~j', 'f ~v. ~ ,..: ' '; .;~ >I Iii .~..,"~ ....<..;,i./~ ',,:'~~..~~:;~'::~._:~ '. 4"· f "){J.jo'~;~' '\ '\1.';1 f' ., ~ t·V,'·'~ '~~.~,.'" ,,,¡...ì \-,';"'~'<l'~I~': /f. .,8 ;;" I:~" ~,:4: ~fd~··t..;(>¡':·";," .' :''':'','~'-/.-'''J ¡.,....... J ~"I ." . '". , ;,,;::;'-:JV->:' ',' ..... ;, ," ....,~ , , .;~ 16G 1 July 3, 1997 " . future. CHAIP~¡ DAVIS: Thank you. Next speaker. MS. ACQ~ARD: Good morning. ~J name is Karen Acquard, A-C-Q-U-A-R-D. I'm a homeo·~er. My husband and I have a home about three milea east of the proposed si~e of Twin Eagles. Actually, I'm here today to tell you that we're in favor of this type of development. It's eY~ctly what we could use out in that area. I moved to Naples a little over 34 years ago and I have seen all of the developments go in. I moved here before there was even a Moorings, a mall, the Conservan~/, Golden Gate, any of that, and I have watched it all grow. Gro'",th is going to be here. It's coming. People are going to continue to move here and this type of development out there makes perfect sense. It's a -- I would like to see them be able to hook into Orange tree for the facilities because to me that seems to be a sound move for the ecology. You already have an existing facility set up for a much larger number of homes than what is in Orange tree, so why not hook into them and make use of it rather than putting in individual wells and septic tanks which is, you know, more of a drainage field and so on. I, myself, would like to see it there because it's going to be pleasing to the eye. If you let it hook into Orange tree , it could be kind to the environment and I think it would be financially beneficial to the county and to our area. Thank you. CHAIRMAN DAVIS: Thank you. MR. KOVARIS: Good people, short and sweet. I know you've been hassled like crazy with all these people today. I live out CHAIRMAN DAVIS: Could you state your name. MR. KOVARIS: 11y name is Frank Kovaris, K-O-V-A-R-I-S. I own two homes in the area, one is on an acre and a quarter and the other is on two and a half acres. In the beginning, I wasn't real happy with the idea of their developing the area, but I have to admit what th~ir -- what I have seen of the plans, it's going to be a gorgeous community. It's going to be upscale, upbeat and I think it can do nothing but help the area and help Collier County. I don't see a problem with it, nor do most of my neighbors. I Thank you. CHAIRMAN DAVIS: Thank you, sir. Is there another speaker? Mr. Griffin, do you want to come back up and make a brief statement? MR. GRIFFIN: As far as the environmental impact of this area, I was barn in Ochopee, Florida, down there, and Lord knows, my people came here in the 1800's with ox carts, and I have seen what they have done. And you can't go back. And progress is here. Rerouting bears and all that stuff, man. I killed a deer where Orange tree is, so it's a little late to worry about all the people. Like the lady said, the people are coming, and you have a tax base and ,,' .... "< t .. ,~~ -'1,:' '. 0' " , '. ,,~,: "t", >, .:.,. ~t: )- -<;', , , , : ,,", , Page 48 " ---..-."" , -' " . \:r:y¡, , ~/,~é~'~f ;;;¡: < ), >! ~ ' ......:c¡,.:, p~ :!~~. ,?~' J';~ f6# ,.!.r¢r ~i~,: ~...~ ¥'~;V >¡>\",:.-{. flJ.f.~~,t '~~~.~': ~'S'~ '~:".!:.:f"· ",~'~/'¡ '>~ > !,:.,I/[;'",: ~>F"';¡ ':!ff;Þ'I;" :~~ .....~J:. ~.;'t: ,- ..~~ ,.. Ç't.: ~~fi ;,..;;!; .t ~~r! ..,..; i" ~ H·t y~~.~ 1;-;t .,.¡..\:, 't ~':Å'~ ,.\~~ .~~"'... \. '1'~ !':~... "~µi.' ~·t~: .(,z.;, ~-¿-::' fi.~.' , J,.' ,. 'j:\. (. j:1 i:~/:':/J (~~' .';;; "1 . '.J,> ~ ~.;:..~ '.¡f./' "..~"'!.,; .tt~ '.J~' í~ -:"':Ir' ~~, ::T,j--". '?>'." A :'ì...~ 0\. .H,'i "''''~ .':'~ ti, ''" \ ".........~ .J":C..,. (.,\:' ' \.....,,;.. "t":i;. )~~ - ,~ ..... :-rs,,:- 17 ~~ 1~~: ~.1;.t·:. ,'" '-. " ~ ~, .'!~ (- .: ~"~. . ~; ,A', . f~? ,(" ~.:.. , ~ ".. if ' " t' " . , .-¿.;. /~jif: IbG 1 July 3, 1997 the bear is not going to tak~ care of that, and it's asinine, to me, to try to go back. You Cðn't go back. Just like the mangroves, you kn~_. They say, well, you know, that's the environment. They're out there planting mangroves. Man, I can't believe that, because wbor~er a mangr~~e floats and lights, that's where it's going to make a mangrove tree, you kn~~. So, I say the ~o~le have got a good plan. It's a beautiful project. I don't see nothing wrong with it. Thankn again. CHAIRMAN DAVIS: Than~ you, Mr. Griffin. I don't think there are any other speakerR. Petitioner, did you have any ~losing remarks? MR. ANDERSON: I ~anted to avail myself of the opportunity to answer any quentions you may have in response to any comments you've heard. Otherwise, I'd just simply wrap by saying that tbe precedent, if there is any, is limited to this hole in the donut where you've got, you know, this isolated pocket of land. That's what the precedent is limited to todz.y, no matt~r what YOIl do todz.y, and I would suggest to you that the market pressures are bearing dawn on this segment of Immokalee Ro~d, and it is far better for you to go ahead and lock in the den!Jity at one unit per five gross acres today and start hemming in the urban area than it is to wait for another year or two or three or four when I will be back before you, perhaps, with another petition along this same corridor saying it's time to approve a density of two or three units per acre, because that will happen again unless this area is developed with l~~ density as we are proposing. Make no mistake about that. It won't hold up for long. I keep hoping somebody ·,..ill come forward with deep pockets and want to file a court challenge to challenge the camp plan designation of rural on this seçment because I don't think it would stand up for long when it's surrounded on three sides by density that ranges from twice as much to 20 times as much. Thank you. CHAIRMAN DAVIS: Thank you, Mr. Anderson. Any other speakers? Close the public hearing. Motion? Discussion? COMMISSIONER BRUET: "'.I. Chairman, I make a moti~n that we move forward to approve PUD-97-3. COMMISSIONER OATES: Second. I think we need to deal with the Orangetree connection though. COMMISSIONER BRUET: With the recommendation that the Orangetree connection be allowed. I think there are environmental concerns also in the direction given by the growth management plan that outweigh the installation and other mechanisms of taking care of the sanitary sewer systems. CHAIRMAN DAVIS: Motion to recommend approval by Mr. Bruet. Seconded by Mr. Oates. COMMISSIONER WRAGE: Just for clarification, it was my understanding that septic tanks are not in here? Page 49 \ , - . . I" , (; - . '.. " . ¿.'. iI' ~,.,,-, ,.r·.. /',' . ',' .' - ." -""--~~'."~... - ~ ~ I: 1 : ...) U July 3, 1997 COMMISSI~teR 0A~,: COMMISSIONER WRAGE: COMMISSIONER OATES: COMMISSIO~ŒR THOl~S: get tied into thQ package COMMISSIONER OATES: COMMI 5S IONER THOMAS: COHMI SS IONEP, WRAGE: COMMISSIONER THOMAS: septic one, but -- COMMISSIONER BRUET: CHAI~~ DAVIS: You COMMISSIOnER BRUET: to, but I won't. Mr. Chairman, I'll keep my motion as first descri~d. COMMISSIO~~. YORK: Before we come to a vote, I'd just like to make a comment that I just feel if we approve this or recommend approval of it, that we're just encouraging urban sprawl. Call it what you will. but a POD in an area like this, I just don't think it's appropriate. CHAI~l DAVIS: In gome ways, I tend to agree. The way I feel is I'm going to vote for the motion, because with what I have been given, the testimony I r~ve hoard today, in good clear conscience, I have no choice but to vote for the motion that M.r. Bruet made, but Mr. Guggenheim makes a verJ good point. You know, I think this should be the red flare going up in the air that you start a process much like he described because there is a whole lot more of this out there and I think it's time that we as a community look to possibly amend the growth management plan or amend the land dev~lopment code to better reflect how we want to see it be developed. Let'~ face it. Back when old-timers like Fred and Ed over here started working on the growth management plan, the focus was more urban in nature. What was out there, like this Immokalee Road corridor, nobody really paid that much attention, because it was -- COMMISSIONER THOMAS: Because they didn't want to admit it was part of the county. CHAIRMAN DAVIS: Well, it was in the middle of n~where. Well, let's face it. Today, folks, it isn't anymore. Mr. Nelson, I think, was next. COMMISSIONER NELSON: I can't support the motion even though I understand all the aspects of it and would like to comment that it's a very difficult issue. I also think that this promotes urban sprawl. I think we should not vote for it and take the opportunity, as Mr. Guggenheim indicated, to put together a workshop, go to such a workshop, see if we can't make something better before we approve it and move it forward. I think, also, this concept has merit in the rural area. I don't think this one does though. I'd like to see it drop down to net acreage. As you know, you can do a lot of other things that would Yes, they are. Thp.y are atill an option? Yes. But we're recommending down here that they plant out at Orangetree. If possible. If po28ible as opposed to There are still three possibilities. Yes, but I would like to eliminate the I'll be glad to do that in ~~ motion. can. We'll let it go, but I still would be glad Page 50 16G 1 July 3, 1997 ..Jte it better. CHAIRMAN DAVIS: 1Ir. ~.. COIMISSICIŒR THCMAS: 1Cben I CaJIe in bare. I ... really appalled of what I was bearinq anti1 I li.teøed to eveJ:ytb~ng I ... in bere, and ... you all know, this i. the tint one, I tbink you've 8VU' heard - talk negatively about any ðevelo~t, 80 wbeD you look at wbat they're trying to do, and I would want to under.taD:!. 1Ifo%wally"'-a we approve . POD like thi., the .ite plan that i. iDclu&KI u part. of the approval. I would like ~ to look at that .ite plan again to ... it tMy caD do .0000tbing a little bit better about the vilc1lite corridor, especially on the 1ftUItern bouDdary where it backs up to the other area that'. already untouched aDd worJdDg. TbotJe voa14 be -.y ki.Dc!s of coacern.8, but what in fact .... do ðo, i. we lock in a c.1eDaity, ju.t _ Mr. ADðer.on aaya, ot certain ki.Dda of &.n..ity, that it we dem't allow this to go this way, without co-ing back here, tolka, it'. goiDg to a subcSivi.ion plat. '1'bIy can do a whole lot wor.. than what this i. being proposed, aDd we would not have any controls OVU' it like .... would have through the POD ~.. Growth i. cnmh~. I'. originally froaa ... York City, .0 when you all talk about four unit. to aD acre, I chuc::k1e UDder -.y breath, and the.e people that say they doa't want to come here because it's getting too &.n..e, they can't go back to where th8y ca88 frca becau.e that' 8 even getting ~-.r. 'ftai8 would be a good IIt:op-gap before they get to the .va1Ips. CHAI:RMAR DAVIS: Any other discus.ioa on the .,tion? All those in favor of the IDOtion, .ignify by saying aye. Oppo.ed? COMMISSIONER ~.sors A~. COMNISSIORBR YOIŒs Aye. CBADOIAR DAVIS: ....n. ",18011 IIDCS York opposed to the D?tion. MR. MULHBRB: i just vaDt to -.ke sure that 1M' 11 have it right, your opposition i., y:p~ ODe, that it cODStitutM, your opinion, urban sprawl -- C<»ØIISSIONBR MBløSOR: "11, the POD in the rural area. CHAI:RMAR DAVIS: X. there aD objection by enyone.on this board that Mr. Mu.lhere al.o CODVey to the Board our f..liDg·, that it i. tble to take a look at our growth ..ftt!lg~t plan IIDCS our land. d.evelO¡:lllDt code aa it relat.. to future projects like thi.? ' CCBlISSIœrBIl TllCllUs But you also got aaothar tl,ing. You got to ðeal with the bustue.. about. the OZ~.tne, b001Ptng up to OraDgetne. You got to fiD4 a 1RIY to deal with that. CIIAIJOAR DAv:r:s: 'ftIat was p&rt. of the .,tioa. That, I think, i. iIIportant, aDd there'. people frca the CODSfd:"........y who vol\IDteeJ:eð to workshop the ~h"ftCJ. My coocern i. I don't t1)'1'1~ 1M can hold this applicant aDd thi. d.evelo¡lDent ho.tage to that pxocu., bat, I agree, it'. time for that proce.. to occur, becauae UDtil ... can put -.arable .t~rda in our OWD laDd devel~ Mtt code aud tha growth -~~H<I1Ut p1.aD, I doD't ~ift1r .. can bold . project. hcNItage to that. __ 51 -. -.-.--,..... --.----.'. .-- - -- ~ "r- ~._---~. '"~....-.._''',.....--'''_._.., ".. .. . .. ~. 16b 1 July 3, 1997 COMMISSIOIŒR YORIC: Do you recall, Mr. Cbainaan, SOlM time ago there was a proposal to extend the urban boundary? CHAIRMAN DAVIS: Uh-buh. caøaSSIOIŒR YORK: ADd County Coaaission.rs rec.ived lit.rally bundre&l of phone calls in ~itiOD to that aDd I think what we did her. today ju.t circuaventeð what the gen.ral public wants. It's expanding th. urban boundary without expanding the urban development. CHAIRMAN DAVIS: Do you want to make some public COIIIDeDtS? MR. ARDERSOIf: Y.., pl..... The outcry over the boundary expansion because I was involved in that process, it was about den8ity and that was all. Th. sky was falling, we w.re going to quadruple the density. That's what the outcry was over. We are willing to live with the rural density. CHAIRMAN DAVIS: Meeting adjourned. MR. NINO: 1Ir. Chairman, you dido' t go through old busin.s. and new bu.8iness. I had one it.... I have a petition that's an ImIDokalee petition. It's for a conditional us. to establish a bus t.rminal at the corner of New Market Road and 29 or Main Street. They are under citation. Ther. is SOllIe urgeocy. CC»DIISSIOIŒR "l'BOIIAS: How quickly can they g.t anoth.r one? We hav. to make that happen. MR. MIJIO: Well, August the 21st is when I plan on dealing with it, but the question is do we have to come back to 'x..okal_ to do it? CC»DIISSIœB:R 'l"II:IIAS: I don't th4n1r 80. Ma. RDO: Okay. Ttumk you. COIDaSSIœER 1'IDIAS: I tbiDk we can make that happen as 1009 .. staff understaDds what they're IIUppOsed to do. CHAIRMAN DAVIS: Adjourned. ..... There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:00 p.m. COLLIBR COOIIl'Y ~ ccøaSSIŒ I 1[[MD.1n. A. œns, CHAIR.PBRSOIt TRANSCJUPT PRBPARBD 011 BBBALP OP GRBQORY COUlt'r JUUIOIt'f.1llQ BY: Jayc. Poteet Page 52 .'~-~ "..t.o:.: ., ' .5;.. .~~:.. '. .,~ .; <':r-' :0"': " ~. ..~ . . 4'';' ~,,:......~^ ..-, , .r , :!~:. . '.' ;-~¡,': ,.~".. '''''l:~; .~!r;: ;,¡ , :;}.. :'1 ,.I" '>.,;¡ '\. I: ~ :-.; 1, "'. ( ..;.,;; '''''''t ,.... '........~ 1;: '. r -:~ ~,.. , ,;',. :1' '" -- ~ ......,'.'" ~",:~} ,,~ .:.:. j) >~t .- '11 ~..... ..~ ...."'.,.'" ~ :.~.:.~ ,¥'Ær -'1,,,"- , . "1"'/' , "" .", .....: ., ~,~''''''I .'J".."'" (;'.;:~: It~¡.... :. ;0(':( ;/;'. , - ~~~ ;:~~ '.~, i~..-:' .~;.' "f' . ';1'- 1·¡~· J .:~ :;.. <.... (0.. ,1 ~ ',. '''':-''''' {,',.~ .Þ~}:: \ ';" " ^.! ili..( ~h; -,.'", .J.,,!.. "~~~~: \'<", , . . (,,, ~. . :.; /' ~ ,,( -,.\- '" :" ,w !"~ "". ., . .. Ibü 1 AGENDA COLLIER COUNTY PLA!'>t"N1NG COMMISSION ~lLL MEET AT 8:30 A.M., THURSDAY, AUGUST 21. 1997 r~ TIlE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMfNISTRAT10~ ßlJILOING. COlMfY GOVERNMENT CENTER. 3301 T AM lAM I TRAIL EAST. EAST NAPLES. FLORIDA: NOTE: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF TIllS BOARD \YILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO. AND THEREFORE MAY NEED TO ENSURE TIlA T A vERBATIM RECORD OF 11Œ PROCEEDINGS IS MADE. WHICH RECORD INCLUDES THE TESTIMONY Ai'fD EVIDENCE UPON \1.11ICH THE APPEAL IS TO BE BASED. ALL ~{ATER1AL USED IN PRESENTATIONS BEFORE TIlE CCPC ',I;ILL ßECO~1E A PERMANENT PART OF THE RECORD. THESE \1ATERlALS \\1LL BE AVAILABLE FOR PRESENTATION TO THE f~OARD OF COUNTY COMMISSIONERS. I. ROLL CALL BY (LERK 2. ADDENDA TO TilE AGE'tl>A ), APPROV AL OF .'.1f:-'ùTES: July 17. 1997 1/ . C;)rr~s: 4. PLA/'.'N~G COW.i1SSION ABSENCES: C~~~: 5, Bce REPORT ¡:" :r· ~ ó. CHAIR.\1AS·S REPORT 7. ADVERTISED PI. BLlC HEA.R.P.'GS: CopIes To: A, Petition ~~()ßD-96-S. Napks Dock :and MMine Services reprnenring James Hughes. requesting a 159 foot 00.11 Jock cxlc1\.'\lOO to allow for a 170 (oot bent dock (or property located 94 Dolphin Ci.n::le, furthet d~Y.ntxd u Lots &4 & 8S.lsles of Capri. Unit I. in Section 31. Township 51 South.. Range 26 F~t. (C(J'Jfdmator: Chahram B.u1amtchí.tn) B, Petition '~o PDI-97-S. Jack B, McKenna o( Agnoli., Barber and Brundage, represcoting NTC Developmcnt. requestIng an insubstantial change to the Culton Lakes PUD Master P1m by revising the MUlCT PI.m in raponsc: to jurisdictiona1 wetJands pc.miuiog detmninatioos resulting in c:hanges in the 10:.1 non and size of areas to be preserved. and the c:ocsequeuI desip of intenW st:redI for propaty kx.lI.cd along Immok.alee Road (C.R. 846) at Livin¡sum Road, in Section 19. Township 48 ~tb. R.lI;¡';C 26 E.a3t, Colliet County. Florida. (Coordinator. Ron Nino) c. Pct1rion ~;() V-97·ó. Greg Carlisle representing Henry M. Johnson. requesting a 10 (oot reu setback l.1J'iance from the required 30 feet to 20 feet for property located at Lot 18. Bayfroot Gvdeus. in V Section I) ¡ ()...-n.shrp 48 South. Range 25 East, CoUier County, Florida. (Coordinator: Ray BcUows) NorrIS ~ðncoc\l. Constant Ine_~ Hðc'(lt \ /Iþ' ::/ 1 :\err y .;.. ../,;::..".,!,# I""'~ <-..t:, ·l::~,~If'-·. .L, .""_,,,.,.,. ¡I~\ ~~ .- ,~i~ ~~-~. ~ ":::.) ~ ~. .~ .....:l, L.,~. ,~..~. , ..' 16G 1 . . ~ t D. Pc:t1tion :--'0 PUD-85-29( I), R. Bruce Andcnon o( Youn¡. vmAJSCt1dcrp and V.amadoc, P .A.. r<:pfCv.ntlng iim ColO!oir.o, Tl'U3tee, rc:quciting an amendment to me Naples Gateway PUD (or me PUf'PO'-:1 of bringicg tboo: M~tcr PI.1n into compliance "I'i1b the Current Collier County Growth ~vi;¡nag(,TT1f:;-.1 P'bn; reducing in height from J iton.:, over p;uking to Ihree stories maximum; increase SC1t~ck5 ¡() ~o f.:c1 for ~o and three story structures .djaccut to Livingston Woods ~ include an eight f()()( rr.l'<mr¡ 'N~1I ~Iong the rear propcrty hoe; architectural conttols 10 rncourage harmonious rcl.1lJoo.,hl[J'\ bc....ccn buildings and u.'>Cs; more rc:stnctive Slgn:1ge requirements than required by the LDC: incr'H~ landscaping rc:quJfcmcnt.\ along internal roa.d~ys and to me rcar of Ibc propcrtr. prohl~\1t rh.-~cm o( fut food restaurants, convenience s&ores. and guolínc KTYice stations. withiD )00 fec1 ,,' :,¡vm¡:.s1On Woods Unc a:1d prohibit loudspcakcn or public address systems. for ptopat}' located ()II rhe oonh side of Pme Ridge Road, cast of Livingston Road. in S«tion 7, Township 49 South. RAl1l/e 26 Eul. ColIM:t' County. Flori<h. cmu¡:;ring of I 3.4.5~. (Coordinator. Bryan Milk) ~ , ~ 'k ~. ;~ ~ .~,... ,. '.. :; ..;.,.... -~ . .~ .. 4 '.. ¡ ,.J,<: ,L.: J"j ';, 'I'.~, .......' :;00.. .,0"".-'" " ".d ..f ,3. .:. " E. PctJtlOfl :--;" PUD-8?-6(2), ~ Cawley, AICP, o( Wibon, Miller, Barton &. Peek. Inc.. rq¡fC'Kn!¡n'.: (".IT:"f Oaks Development Corporation, (or an amendment 10 the Grey Oaks POO, OTdinAnce .>-;( 96-112. for the: PUrpo'K o( provIding a lKigbt o( buildings limitation of sixty-five (65) feet In rhc c'Irnt a 1xxp1r.a1 is constTUCt4:d in lhe n.orthcast quadrant offICe/commercial distric1 of Alrpor1-Puillng Road (CR. 31) and Golden Gate Parkway (CR. 886). The Grey Oaks POO is located on the: nnr1h'NC:;t. nort:hn.st and southeast quadrants of Airpon-Pulling Road (C.R. 31) and Go1dcn (Jale p~lh. 1'1 (C R. 886) in 5<:crion, 24, 25 and 26, Township 49 South. lUnge 25 East. Collier County, ¡ ¡',r¡JÅ con:mtmg o( 1,6OU,) aCTes. (Coordinator. Ron Nino) ,'~< ,.... ~..;. ...'¡J-r:: :"l .~,~ ~.-: .. " F, PetJtIOT1 ~;() ?L1)·~9-28{1). Frederick R. Pauly, TI'U3t«, requestin¡ an amendment 10 the Bremwood PliD. cltm,r..1Imi liquor stoTC1 from the Principal Rcull UKS and adding the requirement (or a commo" ard:Jtcc:unl th.rnx for all bUildings and parcels w1t.h.iD Ibe PUD (or property located east o( I· 75 ~nd or; t!Y.: \OUm side o( Immoulce Ro.d (CR. 846) in Section 3D, Town.shíp 48 South. Range 26 EA1t. (",,¡'I':T County. f1ofidt., consIsting of 18,67 3CTes. (Coordinator: Ray Bellows) ..~ ,I .. t :(. .~ ~;-~ ~.: ~,' .~ .;J.... :"'A? "':" ... , t;". \. ').. . "~.... :; .~ G, Petlll00 I"{, PtJD-91-1 (I). Thom.u E. 1(j11cn., Architect. rt:prcscnMg wI L. and Shirley A. Frye, requðtmg ¡ ¡crone ptm to Pt,rO known as '1Udio S<:¡uarc" to anxnd Ibe PtiD document for purposes of adding blcrn.al Ofpnizarions a~ an ¡uthorw:d IUC, for property located on the southwest comer of fU.dl0 Road ICP_ 856) and Donna Street. in Section I, Township SO South. Range 25 East, ColIicT County. C0f1.111t1n¡ 0(9.4 acres. (Coordinator. Ron Nino) ~ /I PetItlon:--;" Pl.·O-9-$· ì( I), ß.arbara H. Cawky, AlCP, of Wilson. Miller, Barton &. Peek. Inc., rcpr~cntlr.f( (ÀluIoor Resorts o( Amcnca. rcqucsnng an amendment to the uun:lwood POO, by clun¡;:lng :¡¡~ name o( the PUD to Outdoor Ruoru of Nap1cs. Tbe Mocorcoacb Country C1ub PUD amendmg I;'... 0wncTsbip. dcktmg the f'C'Sidcntal dwelling types and addin¡ motorcoacb n:crariooaJ vehJClc ur.!t\ .t.¡ a pcmuncd IUC, n:placing the 46.5 maximum øwnber o( mixed residcntiaJ units with . m;uunum 01 ~gg motorcoach lou, and ~ing the PUD Muter Plan, for property located on the wuth s.de 01 l:nmok.ake Road (C.R. 84ti) approximately ~ mile west o(the intersecrion ofC.R. 951 and Immolulce Road. in Sc:cUon 27, T01'fn$hip 48 South, Range 26 E.ut. Collier County, Florida; c(m~i.1ting of 1¡S acres, more or leu. (Coordinator: Ray BeI1o...1) ,"'.'. .),. ~".It .. ..., I. PctitlOQ 1"0 PUD·97-ó, Robert Duane of Hole, Montel a: A.I1oc:iaIa. ~I Mark Woodward, Tru11ce, rCq1Jcstm¡ rtwDC from C-2 and "A" to POO to be Icoown u U.S. 41IWißÍDS Pass Road PUD ?UD flJI commcrc~l and professional omces for ptopcrty located on the southeast comer o( U.S. 41 and \,I,'iggins Pus Road, in Section 1.5, Township 4& South. Range 2.5 East. Collier County, Florida. conmtmg 0(9.08 acres, more or leu. (Coordinator. Roo Nino) j, Pctition ~() (U-97·9, Timothy W. Ferguson. P.A., as A¡c:m for: El Exprcsso Bus Company, lequcstin~ Conditional Use "12" of the C-5 ZODing district (or . bus cmnina1 for ¡xoperty 10ased at the: northc:a.st comer of New Market Road and State Road 29, ImmobJee. in Sc:ctioø. 3, Township 47 South, Range 29 wf., Collier County, F1orida, consisting 0(0.2 acres. more or Jess. (CoordiDator: Ron Nino) 2 ...,_;~..,', :~",,' .,," ~"_. ..(.:~,:... /~::,':..~,'\.'~,~.~;"~ ~ ;. ~::..,,~ ~Î;/; . .-:..!/ ~ J.:. '10.- ,r~:~, ~~ . 4' '. ~ . If. ;> ',. <, "".. ~,".. ' \ ° ' ~....--._.._,. -.- --- 16G 1 î, OLD BUS£1'IESS '), NEW nUSrNE.<;s 10. Dlsa.:SSl0N OF ADDENDA II. ADJOURN 3-21-97 CCPC AGF.NDAJrr.ri 3 - 16G 1 July 17, 1997 TRANSCP.I PT OF THE MEETING OF THE COLLIER COUNT'! PLANNING COMMISSION Naples, Florida, July 17, 1997 LET IT BE RJ~ERED, that the Collier County Planning commission in and for the C81jnty of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building -F- of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mike Davi s Richard Nelson Russell Budd Michael Bruet Fred Thomas Donald L. York Edward J. Oates Michael Pedone Gary Wrage ALSO PRESENT: Marjorie M. Student, Assistant County Attorney Robert Mulhere, Planning Manager Page 1 1 6 G "11 AGENDA COLLŒR COUNTf PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JULY 17. 1997 I>-i TIŒ BOARD OF COUNTY COMMISSIONERS ~rING ROOM, ADMINlSTRA TION BUILDING. COUNTY GOVERNMENT tENTER.. 3301 TAMIAMI TRAIL EAST, EAST NAPLES, FLORIDA: NOTE: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND TIŒREFORE MAY NEED TO ENSURE mAT A VERBATIM RECORD OF TIŒ PROCEEDINGS IS MADE. WHICH RECORD INCLUDES TI:Œ TESTIMONY AND EVIDENCE UPON wmŒ THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC Wll..L BECOME A PERMANENT PART OF THE RECORD. THESE MATERW..S WILL BE AVAll..ABLE FOR PRESENTATION TO 11Œ BOARD OF COUNTY COMMISSIONERS. 1. ROLL CALL n y CLEJU( 2. ADDENTIA TO TIIE AGENDA 3. APPROVAL OF MINUTES: JuDe 5. 197 - 4.- PLANNING COM.MISSlON ABSENCES: 5. Bee REPORT 6. CHAIRMA.VS REPORT 7. ADVERTISED PlJBUC HEARlNGS: A. Pcriric.(] ."40.0)-97-12. United Ccrebnl Palsy o{Soud2watFJorida. ~ ~ ~¡ Use "1- of !be T LodDsuW ~ disaict for að-.:Jt day c::øe {or y(opct1Y at 1717 Trade Cc:ascr Way, fu:rtbcr ~ u Lots 54 &: 5'. Trade Ca1tcr ofNap.a. iD Sccåon II, TOWDIhip 49 SoaI:b. Raap 2.S East.. Collier Cocnty, F1orida.. coasistin¡ o{ 1.23 &a"CS. (CoordiDator. Cba.bnan B.d...··· f.hn) (ecntÍnu~d from J1mC S. 1997) (WrTHDRA WN) 8. Peririon ~o. B[)..97-1S,Jerry Nca1 o{TmnU.t: Aøoc:ides. ~ I""","'" ri". DeJa hdt SoaIb.IDc.. n:qucsriDg I <45 (00( boat dock ~ from me I~~...d 20 fccc to aDow . boeC doc:k &dIiIy wid& 161li;H Wid lif'ts protrad.iD¡ 65 feet irno me ,.~ ".y (or ,-,¥",Iy 1oc:aœd at 1020 CoDicr BaaJcnrd South. fu.rtbcr dacribcd as Lot 3, BJoc.k 587, M.vco Beach UDit 21. Ü-~. Chabnm ~chi.u:l) (Coat.imIed from JUDe 5.1997) C. Pcririoo No. R.-97-3, ~ty DcTeIopmc;c% &: Ea.i&._·II_..ral Services Di'riáoa. I,,¥~ ...1,'1 dac Collia COtmf'/ Board of County C...........,.¡·~ reqœmnl . n::zœc froai "PUD" P1amed Uai& DcYeioçmcm to '"f- Estascs {or Ihe bland Pines Garden PUD 1oc:aœd ;.....-H~ JOaIh or Ibe Cowtty ma ~.c &cility on CoaDty Sam .R.ø.d, iø Sccåon a. TOWDSbšp 50 Soad1. R.mp 26 Eat, coosisung of 10 Ja"C3, IDOR or Ic:sa. (CoordiDator: Fn:d R.eúchJ) 1 ~-_.. ---. ..-...--.----.-- - _.,- '.-. ~"-'--- 16G 1 D. Pcrition No. PtJD-82-33(1), Mkhae1 R. F~-. AlCP, o( P1amI:ÏDI I)e,,¿,.,.._llf ha,()(p-...~ reprc::t"~nrini H.ui¡ M.am1f.zcturiø¡ Coc:pantioø. ~ . n::z:DIIIe tram PUD 10 PUD bøtra II "WiUJ'1.J Bay" for the pu¡poses of t:-iTnmm"g C""l1/l'l~..w bud 1IICI 011 v-....~·...iáDy dÞiV·U>cI tn.ct a;;rll"':'pl~ same with. seven (7) S1Or'y ~ bai]dV)g(s) c::ontI;.m,g56 dwdlia¡ 1IDÍtS {or prop-:r<"¡ located on the soutbt:ut corner of the inf~ of Vaudabih Dme and W"¡g:iD:s Pass Road. :n Scctíon 16, T(TIto-aship 48 South. R.m¡c lS Eut. Collier Coamy, Florida, .........¡,œ¡ oí 148,26 lCT'e3. (Coordinator. Roo Nino) E. Pctit:ic:"J No. PUD-97...., Blaú A. Foley, P.E.. ofCoutal P~¡;.-.....q ~ft-n. IDe... &.....--'.dDI E.u¡cn:: 1"1mubmm ~ I n:zoac from -A- A¡ric:II.IaDre to "PUI)- P1mmed Uai& IÀ.~~" t_ for 36 'r1llas and. n:aeationa1 pool area CO be kDowD.. Ma:b::t Lab ViD.a for P'~ty JøcaII:d 011 Va.c.:bbilt Beach R.o3d Exu:m1011 ia SectiOD 2, TOWDIbip 049 Sodh. Rø¡e 2.S Eat, Comer Coua%r. F1orid:1., consistin¡ of 12.06 acres. (Coordiøa.tor: Rœ N"mc) F. pc:mioo :~o. PtJD·97-5, William L Hoover, AlCP, of Hoover P1ømiD¡ Sboppe, &......:...,;¡,cip¡ Smizbs. Syk:~Bjoom. RycdcnlHoovcr n:qoating . rczcn.c !tom "A" A¡ricuJUJn1 to "PtJD- P1mDed UJÚt [)eve lct:r1DCItt to be kDown as Zurich Lab: YiIlu foe 294 eop-4. -. .:..:....tJI - . dcady of 6.61 aøàIpc:r acre £rJr ~;¡~ Jocm:d .y)'IU....;mardy thh.""'"'i....db' miJe soadi oí ,....._......w ItDId (C1l. 146). adj2CClt md on !he east lide aC 1he cast:a1I ~my aC 1he 1-75 rfabI-of'-way. ill Secdaa 30. TOWD.\b.ip 48 South, R.m¡1: 26 East. CoWer Cocmty. Florida. CODIÍI1ÍDI a( 44.5 ICreI, mare or less. (Coordin.1tor. IUy acllows) G. PctíriO!1 No. PUD-97-8, BiIl Hoover oí ~ P1a:m:Iiq Shappe, 1"1"'''. .d"l Nard:abroob IXvelupmcnt. Ltd.. Boni12 Gnnde Hoer:! Corponúoa m:S Lmd Tnast S405. lUdIard L ~ T1UJtCc. rcqt1CStÍD¡. n:zonc from "A" RanI A¡rØ~l to "PUI)" P1amcd Uai& DcftL.vo~,-t 10 be 1cnown a.s Cypress Woods Golf & CouDuy CJDb, !or . mixed n:sidcada1 ad 1011' caaaa muter pbm1cd ç.p.".._...:ry fCØ' p(opatY 5oc:aœc:i DOr1h at ,...........a- R.oed ad I..~. ..11·...'1 ~ tbe C:Ut side of I.atc::state H.ipway 75 iDlbe cae partioa of Scdia:a IIIDd 19. TØWIIIIdp 41 SoadI. R..mgc 26 Em. Collier Cou:DEy, F10rida CODtÚtiDI oí 283 ICRS, more or IaL (Q-&âx. llaa NiDo) .: H. Petitico No.CP-97-1, Mm:oå1mdSma11ScaLcP1aDAIX""'r..mvnf (~~. DetnhPn:stoa) 8, OLD BUSINESS 9, NEW BUSINESS 10, DISCUSSION OF ADDENDA 11. ADJOURN 7-17-97 cere AGENDA./md 2 -- -.'._'. -.--. .-.- ..--..-.-- 16G IJ July 17, 1997 CHAIroVU¡ DAVTS: I'll call this planning commission to order and begin ~/ calling the roll. Mr. Nelson. CO~113SIONER NEL~ON: Here. CHA.IRNAN DAVIS: Mr. Budd. (No response) . CHAIRMAN DAVI S: Mr. Bruet. COl1MISSIONER 3RUET: Present. CHAIRMAN DAVIS: Kr. Thomas. CO]~1ISSIONER THOMAS: Here. CHAIRMAN DA'IIS: Mr. Davis, here. Mr. York. COMMISSIONE?, ,{ORT: Here. CHAlro{hN DAVT~: Mr. Oates. C~1ISSIONEP. 0ATES: Here. CHAIP~~ DAVI3: Mr. Pedone. COMMISSIONER ~EDONE: Here. CliAIR.~AU DAV"; S : l'1r. Wrage. COXHISSIONEH ·,·r?.AGE: Here. CHAIRMAN DAVIS: Any addenda to the agenda? We have one s~t of minutes for approval. COMMISSIONER '(ORK: I recom -- I move for approval, the minutes of June the 5th. COMMISSIONEP. THOMAS: Second. COMMISSIONEF, 0ATES: Mr. Chairman, I would like Mr. Thomas to note we had 14 ite~3 on this particular agenda; two were continued, and we were out of here at ten o'clock. Guess why. COMMISSIONER THOMAS: Thank you very much. Tha.nJc:. you very much, ~~. Oates, but we ~ill give the people the opportunity to speak today. CHAIRMAN DAVIS: It's duly noted, Mr. Oates. -- Motion of appro';al by Mr. York: seconded by Mr. Oates with comment. All thosp in favor. signify by saying aye. Opposed? (No response) CHAIRl1AN DAVIS: That carries unanimously. Planning comm~s3ion absences: I'm going to be unable to attend our next meeting, the first meeting in August, August 7th. So, if I had a gavel today, I would pass it over to Mr. Thomas for that meeting. He will be here. Are there any other people that have a conflict with that meeting? COMMISSIONER f~~GE: I will not be here. also. CHAIRMAN DAVIS: All right. BCC report; since they haven't been having any meetings. Mr. Mulhere MR. MULHERE: Right. CHAIRMAN DAVIS: -- probably not much to report. MR. MULHERE: Uothing to report. They've been on vacation for two weeks, but they resume meeting this coming Tuesday. CHAIRMAN DAVIS: Did our taking that meeting off, did the timing work better this y~ar by -- MR. MULHERE: I think it worked -- CHAIRMAN DAVIS: -- doing it that way? Page 2 -----...---.... -~ IbG 1 July 17, 1997 I1R. 21ULHERZ: ¡ think it worked a lot better. It -- 'lie were able to keep the projec~s rolling through the process because your meeting generally preceding the board's meeti~g and taking that meeting worked very well. O~~íGu31y. it's been very busy. There's a lot of projects rolling through tte ~/stem, so -- CHAIR1iAN D1\V::;: Sure. 21R. MULHERE: -- t:.hat ·....orked good. CO~1MISSIONEP BR~¡: Mr. Chairman, where is the Naples Bath & Tennis suit? ~fuð: has ever ~come of that? CHAIRMAN DA"':::: s: ',re' 11 turn to our assistant county attorney. MS. S7UDE:N1': 1'be appeal, if you can call it that, but tbe p~tition tor writ ~f certiorari was filed on -- let me think. It was in February, I ~]ieve. and it sometimes takes the Second District Court of Appeal, ::'s ~ith them, quite a long time to rule. COMMISSIO~ŒP 2RUE7: Oh, okay. 115. STUDENT: So. we are just waiting on a ruling from the Second District Court of APP"!als. C0M11ISSIONEP. ;:RU'IT: Thank you. CHAIro1AN DAV:S: With us today. at our invitation, is our new county ðdm~r.istrat~~, Mr. Fernandez. and we, on behalf of the planning co~ission, would like to welcome you to Collier County. You've probac~y been here long enough to get your feet wet and, I guess, find your way to the office each day. If you could come on up to the podium -- glad to have you bere. MR. FER~~EZ: Thank you. So far, that's about it, getting my feet wet. Although I've met some of you already, I wanted to take the time thi~ morning to sa~ hello to you as a group and to let you know that I'm enjoying my t~~e here already as the administrator and anything I can do to help you, please let me know. CHAIPJ1AN DAVI::;: Well, thank you. hello this ~orniDg and the best of luck r-rn. FERNANDEZ: Good to see all of CHAIPJ1AU Dl\.VI S : Thank you. MR. FEP.NANDEZ: T1"..ank you. CHAIID1AN DAVI~: To begin with the petitions, we've got -- I talked with rIT. Hulhere. We've got Item 8, petition CP-97-1 which is a minor issue and rather than keep the staff member here for our whole meeting, I would certainly welcome a motion to move that to the first item. COMMISSIONER YORK: So moved. COMMISSIONER 3RUET: Second. CHAIRMAN DAVIS: A motion by Mr. York; seconded by Mr. Bruet. Discussion? All those in favor, signify by saying aye. Carries unanimously. Let the record show that Mr. Budd has joined us. With that. Ms. Preston. MS. PRESTON: Good morning. For the record, Debrah Preston, senior planner with the comprehensive planning section. Thank you for coming by to say in your new venture. you. Page 3 --- ..._-'- 16G 1 July 17, 1997 The item befo~e you today is a small scale plan amendment for the Marco Island master plan and the Marco Island future land use plan. It is a small scale amendment because it deals with property that is less than ten acres. and there are no proposed changes to the goals, objectives or policies of the plan. Because it is a small scale plan amendment, it is not subject to the twice per year limitations on the growth management plan amen~~entg or a separate transmittal and adoption hearing, th~refore, this public hearinq is for the adoption of the amendment. Tbe petitioner. Martin Pinckney, is representing Hartin Frimberger and Amy ~erde, and they are requeatinq a change of land use from low density residential to community commercial on .54 acres of land. They feel that it ia necessary for this amendment so that they can rezone the proper:yq8t a f'lture date to C-l which will accommodate a needed parking lot that th~1 have on the property. I would like to 70 to the future land use map and show you the subject site and the surrounding properties. The subject site is Lota 10, 11 and 12 on San Marco Road. Lot 10 is vacant. Lots 11 and 12 have a 5ingle family dwelling wdt that is used as a day-care facility. Immediate;y to the west or to the east is the remainder of Lot l2 and Lot 13 wh j. ch has on it ð bui 1 t single family unit. On Lots Î, 8 and 9, these are currently vacant, zoned RSF-4, but they fall within the community ço~ercial district of the Marco Island master plan. The owners of this propert'l currently have applied for a rezone to C-l. The property further down is the urgent care facility and the medical facility, also all zoned C-l. Across the street is a multifamily zoned RMF-12 and medium residential land use designation. Right behind the day-care facility is all zoned RSF-4 and is in the low residential district. COMMISSIONER YOPK: The fire station is right across the street, right? MS. PRESTON: Right, that is correct. The community commercial district does not specify the zoning districts that are permitted. The community commercial district, as stated in the Marco ¡sland master plan, is to provide for centers of activity that serve the needs of the surrounding community. As an amendment t~ the staff report that you have in front of you today, staff would likp. to recommend that the amendment be approved on the condition that any rezone is to a lower intensity commercial use that is compatible with the surrounding areas, basically the C-l zoning, and that any additional buffering might be required along the single family home that is directly to the east of the subject property and to the rear of this property in the event that that vacant resid~ntial property is developed. At this time, I would be happy to answer any questions you might have, and the petitioner is also present here today if you have any questions of him. CHAIRMAN DAVIS: fu~y questions of staff? The petitioner, ~~uld you like to say anything? MR. PINCKNEY: Fo::: the record, Martin Pinckney, American Page 4 Ibb 1 July 17, 1997 Engineering, representing Martin Frimberger. If I could -- we don't really hav'!! anything to add. I think Ms. Preston bas presented this very well. I would just like to ask her a question. The amendment you're suqges~ing is that any future rezone be limited to C-l commercial. Is that the -- P.s. PRESTON: That's correct and probably will request that they apply for the rezoning in the near future, becau.e right now, it is zoned RSF-4 and will be nonconsistent with the growth management plan. MR. PINC!CNEY: I don't believe we would have a:ay objection to that, so -- and if you have any questions, I'll be glad to try to an awe r them . CHAIRMAN DAVIS: Kr. Thomas. COMMISSIONER THOMAS; Ms. Student. wby can't we do all of it right now? M..'5. STUDENT: We can' t . There' B a separate proceeding wi th separa~e public notice and hearing requirements, and you cannot do it. It will be illegal, an ultra vires. COMMISSIONER THOMAS: But if we are saying that the only rezone can be to C-l, are we, in fact, saying that this property will have a C-l zoning? l~. STUDENT: I think so. but you still have to have a separate hearing, a separate criteria and a separate analysis by staff. The law -- COMMISSIONER MS. STUDENT: clear about that, void. - -CHAIRMAN DAVIS: Okay. MR. MULHERE: Even if they were doing it at the same time, we would still have a separate application process, you know, an ordinance rezoning and a separate set of fees. So, even if it was happening simultaneously -- MS. PRESTON: And the camp. plan amendment will also have to go to DCA to make sure that is in compliance. MS. STUDENT: That's correct, and you would have a situation with a development order that you wouldn't -- you know, you wouldn't have an amendment that was legally effective yet, 80 -- CHAIRMAN DAVIS: Any other questions of 8taff or the petitioner? Anyone else here to speak on this petition today? Seeing none, I'll close the public hearing. COMKISS:IONER OATES: Hr. Chairman, I move we submit Petition CP-97-1 to the Board of County Commissioners with a recommendation of approval with the further stipulation that all future rezones be at no greater int~ity than C-l. ~SSIONER YORK: Second. CHAIRMAN DAVIS: Motion by Mr. Oates; seconded by Mr. York. Discussion on the motion? ~~. Budd. C~Ð11SSIONER BUDD: I think staff also requested a stipulation on a butfer. Do we want to include that? 'I'HO!Q..S: And a separate set of fees. Yes, that's correct. The law in Florida is very and anything you do that is different from that is Page 5 .~ ._ _,_.~,._. __' _ . _' .~,. ...'. _,_, '-.' _, _. ~'. '.- n ____- J~ .-..--"1 i ! ! i . \ , j lóG 1 f July 17, 1997 MS. STUDENT: That would not be appropriate, I don't think, for a compo plan amendment. That would come at the rezone. CHAIRMAN DAVIS: Okay. COMMISSIONER BUDD: All right. CHAIRMAN DAVIS: But we're all aware of it. Okay. Any other discussion? All those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN DAVIS: Carries unanimously. Petition CU-97-l2, that's been withdrawn, so we need to do nothing -- we don't have to do anything with that, Ms. Student? MS. STUDENT: I believe if it's withdrawn, it's withdrawn, and there would be no vote to continue it or anything like that. It's not an item anymore, so there's nothing to do. CHAIRMAN DAVIS: Or-ay, very 90od. Next up, BD-97-15, Mr. Badamtchian, and I'd ask all those present here today that are going to testify on this petition to please stand, raise your right hand so that you may be sworn. (The speakers were sworn). COMMISSIONER THOMAS: Wait, wait, wait, hold on a minute. MS. STUDENT: We're going to have to hav'! another swearing because more people are standing up. CHAIRMAN DAVIS: Before we swear you in, this is a petition by Jerry Neal of Turrell k Associates representing Dala Park South on Marco Island. That's the petition we are talking about. Okay. Could you please swear again. MR. MULHER.E: So, if you plan to speak, you need to be sworn in. CHAIRMAN DAVIS: Yes. - -COMMISSIONER THOMAS: Start again. (The speakers were sworn). CHAIRMAN DAVIS: Thank you. Mr. Badamtchian. MR. BADAMTCHIAN: Good morning, commissioners, Chahram Badamtchian from planning service staff. Hr. Jerry Neal representing Dala Park South is requesting a 45 foot boatdock extension from the required 20 feet to 65 feet for a boat docking facility with 16 boat slips. The property is located at 1020 South Collier Boulevard on Marco Island. There are several fishing piers within the vicinity of this proposed boatdocK, but there are no boatdocks within the vicinity of this project. Staff reviewed tbis boatdock, and based on the criteria listed in the land development code, staff recommends approval of this petition. Staff has received several letters of opposition. There are under 50 of them, and staff has also received several letters in favor of it. Actually, from the people living in the building, I have received six letters in favor and 13 opposing this boatdock, and I have also received 13 letters from the property to the east and 13 letters from the property to the west and 21 other letters opposing this, and I have also received a letter of opposition from Taxpayers Page 6 ,----~--_.. ,..---,-- ----- - - - 16G l' July 17, 1997 -- Marco Island Taxpayers Association, Marco Island Beach Renourishment Advisory Committee and Marco Association of Condominiums. There is some -- one legal issue. When the applicant applied for this boatdock, the developer controlled the development. However, there's some allegation that the property is turned over to the association, and that this i8 a legal question, who can apply for this boa tdock now? Maybe -- MS. STUDENT: I'm a land use attorney, but I do know something about condo law, and I'm just talking more or less off the top of my head without doing any research, but I would think that, if it, in fact, has been turned over, there should be some evidence in minutes or maybe some documentation for that, and then I would think that in order to proceed with the boatdock, the association would have to take a vote of its members to decide whether or not to go forward with it because there would be an expenditure and also maintenance attributable to the association, and again, that's just off the top of my head because I was just made aware of this a few minutes ago, and maybe -- I understand there's attorneys here for, I presume, the association or, perhaps, the developer, I don't know which, maybe they can shed some more light on it, but I think if there's some documentation, an opinion that our office would need to examine, then we may need to continue this, but that just depends on what develops, and while I have the microphone, if I might too, before you close the public hearing and probably before the public speakers come up, 1'11 need to have you make any disclosures about any ex parte communications under our resolution of either oral or written communications and who they were with and generally the substance of tliem. '. Thank you. COMHISSIONER OATES; Mr. Chairman, it seems to me that if there's a question, a legal question, we need to resolve that before we even hear anybody. COHKISSIONER YORK: I agree with that. CHAIRMAN DAVIS: Yes, exactly, so can the petitioner come up and shed 80me light on this situation for us or a representative of the petitioner? MR. CHILDS: Yes, for the record, I'm Don Childs of Scuderi" Childs on Marco Island representing the petitioner, eela Park South, Inc. I can state to the board that there has been no turnover of the association by the developer to the unit owners. The -- by law, the developer still controls the association. Statute 718 sets forth the procedure as to when the association has to be turned over to the association. It's based upon the amount of units that have been sold to date. That time period has not come yet. By law, the developer still controls the association, and it has not been turned over to the association. CHAIRMAN DAVIS: Okay. Thank you. Let's proceed. COMMISSIONER THOMAS: I've got a question. CHAIRMAN DAVIS: Yes, Mr. Thomas. Page 7 -- - -~_.._._-_.- .- -...-- 166 1 July 17, 1997 , COMMISSIONER THOMAS: And I'm going to try to be very brief. If I recognize this site, this almost looks like you're looking out on the Gulf when you're getting ready to turn that corner and there's a sand shoulder, if I remember correctly, on the right going into Caxambas Pass. How does this impede traffic coming into the pass? . MR. BAD~~IAN: According to the applicant, the traffic is not going to be real close. It's going to be 94 feet from the outer edge of this boatdock. The channel is located 94 feet away from C~SSIONER THOMAS: Seaward of the channel? It's 94 feet seaward of the channel? MR. BADAMTCHIAN: Seaward of the boatdock, yeah. MR. MùLHERE: The channel is 94 feet seaward of the furthest edge of the boatdock, C0M2HSSIONER THOMAS: Okay. CHAIRMAN DAVIS: ~ý other questions of staff? COMMISSIONER NELSON: Yes, I have one. CHAIRMAN DAVIS: Mr. Nelson. COMMISSIONER NELSON: One of the unusual aspects of this particular project is their landownership extends out into the channel. Is that unusual along there? Are they the only ones with ownership? MR. BADAMTCHIAN: No, it is not unusual. We have lots of property on Marco Island and the Vanderbilt area that the property line goes into the water. WhAt -- we have to measure it from the edge of the water or seawall line, whichever is more restrictive. MR. MULRERE: I ' 1: jus t add tha t tbe reason we changed the code several years ago to require that the extension into the waterway be measured from tbe most restrictive point, whether it be the shoreline, the mean high water mark, but not necessarily the property line which could extend -- in this case, how far does it extend out into the watp-r? Quite a bit. The point being that we want to be sure that there is no impediment to traffic and not simply allow someone because they own property that's submerged to construct some sort of facility that could be an ~iffient to boat traffic or navigation. So, that's why we changed the boatdock section relative to extension several years ago to say from tbe most restrictive point, but I think it is germane, and it is a good question to know that this property owner does own a certain distance out into the waterway as well as several other properties, you know, up and down that -- COMMISSIONER THOMAS: It looks to me on this drawing like this whole set of finger docks will still be on their land. MR. BADAMTCHIAN: Yes, that's correct. COMMISSIONER THOMAS: ....'! And you're saying -- and I'm noticing also that it looks like the prbperty extends 94 feet out on one end and 83 feet out on the other end from the riprap, okay, and then you say another 90 feet -- four feet until you get to the channel? MR. BADAMTCHIAN: From the outer edge of the dock; not the ¡)Yoperty 1 ine. COMMISSIONER THOMAS: From the outer edge of the dock; another 94 Page 8 'I~'. -,,- -- - - 1 bb 1 July 17, 1997 feet from the outer edge of the dock? MR. BADAMTCHIAN: Correct. COMMISSIONER THOMAS: Okay. COMMISSIONER OATES: The property immediately to the right of the site we're looking at and to the right of that shows two boatdocks. How far out do they go? MR. BADAMTCHIAN: They are going out 20 feet. They are fishing piers. They are not boatdocks. MR. MULHERE: One other consideration that I vou1d -- in my review of this, and I happened to be out Sunday on a non-productive fishing trip in which I drove -- we drove by this area. There is -- I think it is worth noting that there is an indentation of the shoreline there, and I don't know if the applicant has some sort of a graphic, but, for example, if y~l look down on an aerial photograph, you would 8ee that there 1s an indentation of the shoreline of the extension. While it certainly goes out further than the adjacent docks, it probably does not go out, you kn~~, as far as one might think looking at the extension, and that's something we probably -- hopefully, the applicant will have some sort of a graphic that can depict that as was requested. CHAIRMAN DAVIS: Mr. Bruet, do you have a question? COMMISSIONER BRUET: Chahra.m, do have any indication as to why the other condominiums have not requested a boatdock? This is the first one? MR. BADAHTCHI..AN: frIby other condominiums have not requested? COHHŒSSIONER BRUET: Yes. MR. BADAHTCHIAN: No, I don't. COMMISSIO~ŒR BRUET: You have no idea. - ..- MR. BADAM'I'CH:IAN: No, I have no idea. CHAIRMAN DAVIS: Any other questions of staff? Hr. Nelson. COMMISSIONER h~ON: Only one, and again, I guess I was under the assumption that their landownership extended into the channel because the channel curved way back in toward their property at that point. I'm now understanding that's not the case, and all do all the landowners along that channel own out into the channel 90 feet approximately? MR. BADAM'TCHIAN: Yes, most of them, they do. CHAIRMAN DAVIS: Any other questions? Would tbe petitioner like to make a presentation? MR. NEAL: I'm Jerry Neal witb Turrell ~ Associates. Pirat, I'd like to show you some aerial pbotos that will give you a little bit of an impression of the area and why we are looking for the extenaion and also the configuration of tbe shoreline as it waa brougbt up by staff. I ð.on't know if you can see the distance or not. The subject property is in tbis area. The channel overall for the inlet from here to bere, wbicb is to Kice Island, is around 2,100 feet. The width of tbe channel -- as you can see the dark line -- I'm hoping you can see from that distance tbe difference in the coloring. COMMISSIONER THOMAS: That shoal area I was worried about. Page 9 <,,^--- " -." . . -' . . " '" ' ,I',' . ,; " " .' . ,'. '. . . . ' . IbG 1 July 17, 1997 MR. NEAL: This shoal area here -- this is about 600 feet wide through here, and this will give you a little bit of an overall view. We are more or less on the Gulf of Mexico, and we are not back in the interior where we have a lot of the seawalls and other people across from us. We are pretty well open waterway. This aerial was taken in 1975. When De1tona started this project on this end, they did what is called a bulkhead line which is a seawall line that they platted, and what they did when they platted it, they platted. it from this point to the point over here on Shipp's Lð.nding, but what they ended up doing i. that they did not fill in the rest of the shoreline. So, the plat itself shows a connection, but I don't know if they just ran out of material or just whatever, but anyway, it never did get filled in. As you can see, the shoals are out here back in '75. I'll show you a few more years going through. You'll see the shoal is here. The navigable waterway stays pretty consistent here. It's just the shape of the shoal changes. There is one additional navigable waterway which does change configuration, and you pretty much have to be on top of it to know exactly where it is, and that's the south channel. That does change. All you can see in this one, it's right through here or right through here. Today, it's right about here. So it does change. This one stays pretty consistent. This photo is 1980. You can see starting of some buildings. You can see that they did not have it all connected from point -A· to point .B-. You can see the shoal is still there. It's just changing a little bit of the, again. a configuration of shape. The channel is still ,here. In '86, you can see the shoreline. They filled in this little area here, but you can see now they've pretty well delineated what they're going to consider as the permanent shoreline which was not from straight (sic) -A- to point -B-. You can see the channel is still there. You can see the shoal is just changing configuration a little bit again. You can see -- now, you begin to get the south channel moved here and a little bit here. 1990, you can still see the wide channel. You can see again the shoal has just changed shape. It becomes emergent, and then it becomes submerged, and it does change shape a little bit. This photo here was taken about two year. ago. Excuse me, I've got a Bore throat. The boats are coming through and going out, and you see the channel here, the dark coloration. The subject property i. right here, and you can see the alignment, and as of two or three mont1ul ago, they did a dredging. It's kind of hard to see in this photo. Here's the channel that was dredged for the beach renourishment, and this is where -- now they have done a connection so that the boats go out this way versus what they used to, go out through here. That would be showing up a little bit. This one here shows a little bit of the deep water. The subject property, again, is here. I note that the shoreline itself -- there's a little bit of a shoal here; that to show it's there, trying to mimic Page 10 16G 1'" I ! ¡ j July 17, 1997 what would happen if you bad the bulkhead line filled out. Again, we are set way back in, as you can see on tbe configuration. I can't tell if you're getting a glare on the photos or not. This photo was taken Monday. You can see now instead of the boats going out, it has been -- COMMISSIONER OATES: Excuse me, Jerry, can you bring it down just a little bit? ~SSIONER THOMAS: Tip it this way. CHAIRMAN DAVIS: There. COHMISSIONER OATES: Tha.nks. MR. NEAL: Instead of the boats going out rigbt at the point as they used to, they have now -- here are the markers, channel markers here, and nO"", they are routing the boats around this way, wbich is the dredged channel that they used for the beach renourishment, and this is tbe connection that they just made here recently. So, now the boats coone around, and they go out this way. As you can see, even the protrusion of this -- if you -- you would have to want to go in to come back out to go back out. Most people shoot across. Again, this is about 600 feet wide. This area right in here, tbe water depth is about eight or ten feet deep, and this area, it's about 20 feet deep. COMJaSSIONER THOMAS: And that kind of a shoal line that comes straigbt across, your docks would not extend beyond that; right there? MR. NEAL: Right, our -- our docks are proposed rigbt bere, and I'm going to show you that right now, then. This was also taken Monday. I just hope you can see -- can you see where we superimposed the docks on the drawing? You can see the eðqe of the shoal line. If you take a straight edqe and you go from thiã dock to this dock, we are about out the same as a straight line between these two docks. You could see that -- the shoreline here, and then you see a big bow in, and you see it coming back out, and if you reme~r on th4 other one, the whole island is a big concave going in. So, what the staff requested for us to do is to show you what relationship the proposed dock and the extension of 6S feet we are talking about, what it is in relationship to any others is, again, if you can connect them up, we're about the same going out. Presently, ~e are very close in obtaining all the state and federal permits. We got a letter from the Department of Natural Resources here of Collier County. They wrote a letter stating that we are conaistent with the manatee protection plan. We have a letter from the Department of Environmental Protection from Tallahassee stating that we are consistent with the manatee protection plan. Consistent with that is you have as an exhibit a map showing that we are in a preferred location for putting docks in as the manatee plan sbows, and that is out here next to the Gulf so you're not going through a lot of shallow water. South Florida Water ManAgement is the agency for the state who is doing the review. They have recommended approval and have an intent to issue the permit. The Corps of Engineers who are a180 in charge of navigation, and that's their big item on waterways, they have approved Page 11 "-~- ~ - --... --- ........ - - - ·ILI .~. ..., ..~., o' ..~~~.~~::~ '. 1 6 G:--: 1 ~~,' .::.~ ." '1.,.- ....-¡a...,.. .. øÂ .. '; "..:"A'-..,~....'.. * t ," :,;. "'~.;." . ..' IÞ . " . ~ .:!\ .. >. . . . ., " _. ~. h r ~.- ,4~ r .,... ......' .. . ""'._ ~ ,..f.. _.... ~ .....'!uly 17, 19~? . :. .... ". .. the project. We are waiting any time now to receive the permit. We are in agreement, as the staff said. with the compo plan and land development code, so we meet all the rules, ordinances of local, state and federal, and we would like to reserve -- and I'll have Rectie Scofield to add a couple of other points before we turn it over to the audience. . ~"'''''', ~"'.;''7:"o .' .'- MR. SCOFIELD: For the record. Miles Scofield with Turrell ~ Associates. Actually, at this time, I'm going to risene ray COlllD8I1t until the public has had their chance to talk. . Thank you. '~...:;~.., , CHAIRMAN DAVIS: Thank you. . "::,:-'" ~"'p~.!tv!.":';.~·.::" "..¡..tt?-=:-..~,: '-,~: Any questions of the petitioner? Kr. Thomås.. .:~ ",," :';~:-1'~. o!~ '.:., . ..:. -. ' COHMISSIOtlER THOKAS: No, no. I just want to make some 'Il,.j ,. , .'. ~ d 1 ti .. ../..,'.' o,_,., ~;". ......" . . '. L" 7~' ,.,.,.. '. ... ec ara ons. . ·...~::-c·_.·~~·;.·~."...":?~7-·~,· :t CHAIRMAN DAVIS: Oh, please, go ahead. . ~-=----, ~ :' .:.7.'''', '.. ' COHMISSIONER THOMAS: I think I talked to Rockie Scofield. ,I talked about so many thiD9s. I think I talked to him about' this, but . I'm not sure. but I'm declaring just in case I might have talked to ,~. him about it. .:" ,,:., ~;;.,.~.~ '. ~.~ CHAIRMAN DAVIS: Anyone else? · .::-: ..' '. ·":.:~~f.r,:,:d"~ ' .'. '. . ~ COMMISSIONER BRUET: You might have. '.,:\~.",,, COMMISSIONER THOMAS: I might have. I don' t remember. C~SSIONER BUDD: It made a big impact whatever it was. COMMISSIONER THOMAS: Yeah. . . "\.q,::;,...... , . CHAIRMAN DAVIS: with that noted, I'll invite 'now anyone from the public that would like to speak on this petition to please come forward to the microphone and state your name, and If it's a hard one 11 11 i f ,., \.~~"!I;' "'. to ape , spe t or us. "'~V~(""""'~..;::;-:-,'-~ , . :".,,1::''- ~. BLANCHARD: My name is Frank Bl,~~~rd:. ~~hard ~~ ~~t tlfaC- hard to spell.,:-A:.. -,.;~. ~ 41_ __'-. . . .:.,') It.. . For the record, I'm the chairman of the MArco .Island Beach Renourishment Advisory Coumittee. I al.o sit on the' County 'Beach Renourisbment Coamittee. We have talked about this project at our meetings. . .', .,~...-:';,'.,¡ The beach renourishment committees have concerns about'all of the activities and all seven inlets in Collier County because the beaches and shore systems division of DEP have required inlet management plans for the last five years. Their theory is that inlet management has a decided impact on beaches, and I know that Collier County has spent something in excess of a million and a half dollars 80 far on inlet ma.n.agement plans. The Turrell firm, I know,' baa done the inlet , ma.n.agement plan for Clam Pass. .~, ..'. ~~"!;.~.:... .1"~~:\1·" . . Of more direct interest to the Marco Beach Committee is 'the heal th of the navigation channel in Caxambas Paâ8: '~Collier êôunty has been involved in a legal action for the last two ýears whic1:i....ùlt vas " dismissed about two months ago. The principal point of that lawsuit was navigation in CAX"fI'baS Pass. I· believe that we have greatly improved the navigation in that pass during these last few years, and specifically, a few months ago, we completed -- the-coiÜ1ty :finished dredging a wide channel into CaxAm~s Pass in an attempt to 'provide a stable, safe navigation channel. The county commission has pledged to i , . 'f Page 12 -, . . , 1 16G 1 July 17, 1997 maintain this channel. This particular boatdock proposal surprised us. We had never heard of that, but I understand there's a second proposal similar in nature standing in the wings. First of all, there are no boatdocks used for parking of boats in any of the seven inlets of Collier County. This project would be the first. There are several docks built parallel to the shore which are used for fishing, but there are no docks for parking of boats. Caxambas Pass is noted for difficult boat passage, first, because the pass and the entire south shoreline of Marco is open to wind and wave actions from the south, west and east. The shifting sandbars in the pass make this pass a very difficult navigation problem. The CaxAm~s inlet mðnagement plan states that the high water velocities parallel to shore which occur at tidal changes -- that pass, as you've just heard, is near the north part of the Caxambas inlet. Boats with twin scr~~s will have a difficult time trying to dock at these proposed docks because -- during tidal changes. Single screw boats, such as sailboats, will probably not be able to dock at these boats (sic) during tidal changes. I've discussed these statements with commercial boat operators. There are a very large number of boats that go in and out of Caxambas Pass. If boaters have difficulty in docking at this location during tidal changes, the area and time spent will undoubtedly impact this main navigation channel. You talked about 94 feet clearance. Coast Guard suggests, suggests 100 foot clearance, and if they are going to mill around trying to find a way of getting into a slip during tidal changes, I think that's going to overlap into -- into the areas that we are talking about. - -Boat parking docks at La peninsula condos on Isle of Capri and the boatdocks at Snook Inn are the only other docks that I'm aware of that are near the mouth of an inlet, and those are noted for the difficulty of parking of boats there and damage done to boats parked at those locations. We would object to the proposed boat docking docks at these locations. A boatdock parallel to the shoreline certainly has an impact, is certainly on the navigation. I have a drawing which shows the location of the new boat channel that was put in, and it basically aims all incoming boat traffic right at this particular location, by coincidence. That boat channel, as I said, was put in there primarily to satisfy the active discussion that we've had for the last couple of years on being sure there is good navigation in and out of Caxambas Pass. I'll answer any questions you have. CHAIRMAN DA~S: Any questions? Hr. Nelson. COMMISSIONER NELSON: Frank, wouldn' t you agree, and I think what you said indicates this, that when you have a curved shoreline, the currents will tend to move around that same curve as the shoreline as we would have in this case, and second. aren't the tidal currents in this area very rapid from time to time? In other words, at the start of the tidal change and at the end of it -- I don't know what they Page 13 - lóG lJ July 17, 1997 are, but I've been in there, and I lost power in a boat in that channel, and we were moving right along and had to get the anchor out very fast or we were in trouble. MR. BLANCHARD: I would agree. The navigation channel, and I think I have a chart in my briefcase, basically says the channel is aimed essentially at their boatdocks. We just got through dredging that a few months ago. Someh~~ nobody seems to talk with the right hand or left hand. Tidal currents, according to Coastal Engineering, is going to be a very strong current, and the people I've talked to who teach boating say that they don't think that a twin screw boat operator, unless he'. well practiced, is going to be able to get in and out of there without milling around. This is not a good location. It is not -- it is not in a millpond. This is open sea, basically, because you've got the whole shoreline of Marco Island open to the south. There is no channel at that point -- no confinement. There is a confinement for boats because of the sand shoals that you want to avoid and shoreline. CHAIRMAN DAVIS: Okay. Any other questions of Mr. Blanchard? Thank you, sir. Next speaker, please come forward. KR. HALASCHAK: Good morning. Thank you for the opportuni ty to speak. I serve as board secretary for the Caxambas -- CHAIRMAN DAVIS: Your name, sir. MR. HALASCHAK: I'm Barney Halaschak, H-A-L-A-S-C-H-A-K. I serve as secretary for the Caxambas Towers Condominium Association which is immediately south of the Dela Park properties, and we are very- concerned. We have 43 units in Caxambas Towers, and we feel that our choice to live there was a unique choice in terms of the solitude, the quietness and so on. I am a boat owner, and many others at Caxambas Towers are boat owners. We chose to reside in chis beautiful section of Marco Island which is on the Gulf and faces the beginning of the Ten Thousand Islands. I keep my boat elsewhere, and after a full year of search for a residence, we found a place on the quiet side of the island. That area, as you're familiar with, is away from a lot of the busy areas, and it's quiet and peaceful. We welcome the oo.mers at Dela Park Place. We have no concern with them building a dock as far as a fishing dock such a8 everybody else has, but to extend the dock into the Gulf and to raise boats on lifts will significantly change a lifestyle choice of view and solitude sought by 43 owners. We bave many serious golfers along with serious boaters in that condominium unit, but we choose to keep our boats elsewhere. Gene Sarazen lives there. You would think he would live on a golf course, but he lives there a8 well because of the quiet and solitude. I once heard that there is nothing so emphatic as an absolute zero. There are no boatdocks from this stretch of properties from the north part of the Marco Beach going all the way into Cax~~~s Pass. Page 14 .-..-".....---- 1 b {] 1 I July 17, 1997 As a boater, I can tell you that currents are fierce at times, and we at caxambas Towers have replaced our fishing dock after both of the major storms which hit the west side. To approve this project will set precedent to extend structures into the Gulf and other properties including the Mirage which is directly on the other side of us, also in that concave bow. We are here at caxambas Towers; right here, the Mirage, and undeveloped over here. As a planning commission, you establish a variety of zoning areas for a quality of life. OUr concern is that this project: would ext:end into the Gulf. What we enjoy as a group of people is to sit at the pool, look out our windows and enj oy the scenery. You can imagine that: a dock that extensive, although it is only 16, raised with a lift beyond the sea level would actually cause obstruction to view. We are a group of people who, even though we are boat owners, we choose to take our boats els~~here. The board, your group and the county commissioners recently approved three major docking facilities and boat storage facilities on Marco Island. As I said, most of us who are serious boaters -- and I would not want to try to dock a boat in that area because it is just that way. It is also a matter of simple mathematics. There are 43 residents at Caxambas Towers where W9 live, and I think there's about 50 at Dela Park if I'm not mistaken. The projected plans for the Mirage next door has about 50 units as well. This is a request for 16 owners, 16 boatdocks. If Mirage -- if you approve this, then you will have no other recourse but then probably to approve Mirage. You're talking about 32 boat slips for 150 units just in those three areas. The mathematics are such that the benefit for that small number of people relative to the view and access, I think, would set a difficult precedent. I think the final concern that we have is that people carefully choose. We looked for over a year before we chose there even though I'm a boater, and we chose it for the view, for the solitude, for the quietness and not to have a precedent sent on the whole western side of that beach where docks, particularly docks with lifts, are there. So, we would appreciate your consideration of this non-approval because I think you would be setting the wrong precedent. Thank you. CHAIRMAN DAVIS: ThAnk you, sir. Next speaker. please come forward, state your name for the record. MR. SAMQUCE: Good morning. My name is Rob Samouce, and it is bard to spell; S-A-K-Q-U-C-E. I'm an attorney with the law firm of swal1n " Murrell in town here, and we are the attorney for Caxaø,h"s Towers. I would just like to add a few more points that were well put by the secretary. First being that the state Department of Environmental Protection has described this pass as being extensive with dynamic ebb tidal delta at the mouth. So. that coupled with the idea that it has just been dredged so page 15 _......"'!..~ ., 1 6 G 1 i July 17, 1997 that the entryway goes right into this area is going to exacerbate the problem with the high current flow rate that we already have. This has been -- gone through you all back in 1995 with the Mirage. At that time, Mr. Badamtchian, Chahram, I think would acknowledge that there were ove:¡,~ 300 written objections to a very similar project, the same -- alDlost the same project right next door to the Mirage for the same reasons. It's obvious the developers ~re trying to make a lot of money off this project to put on such a fa~cy presentation that they have to 16 rich people at the expense of the hundreds of people who live next door and would have to view this as well as all the boaters on Marco Island. So, we would strongly object to granting this variance, and we would even consider this as probably a decrease in the property values which may be a legal taking for which the county would then have to reimburse the owner3. Thank you. CHAIRMAN DAVIS: Yeah, Mr. Nelson. COMMISSIOllER NELSON: I notice that Caxambas Towers is even slightly tilted ~o take advantage of the views, and I wanted to make sure the rest of the ca.r.missioners understood the views are, looking at this picture. off to the left: in other words, out, yes, in that direction, and it se~ to me that the first and probably second floor owners at Caxambas T~~rs are going to have their views nearly destroyed. Now, I know that's not an absolute reason to deny, but we look at views as an important item, I think, and am I correct in that? MR. SAMOUCE: You're correct in that it is a property value, and therefore. we would consider that being a taking if, indeed, the variance was granted and they lost their value of their property because of that. We are talking about 29 foot boats, big boats that would be out of the water. There is no protection between the water and the Gulf of Mexico. So these gulfs -- these boats will be sitting on stilts. The next storm that comes in, the boats are going to be allover the place. CHAIRMAN DA~S: Sir, do you have the qualifications of a property appraiser certified for this observation or is it one of opinion? MR. SAMOUCE: It's just an opinion. CHAIRMAN DA~S: Thank you. Mr. Thomas. MS. STUDENT: Mr. Chairman, I just -- I'm sorry. COMMISSIONER THOMAS: I know you want to deal with the taking. We'll come back to that. What's on the first floor of that Caxambas Towers? MR. SAMOUCE: The first floor is a party room, coømunity room and a swimming pool. COMMISSIONER THOMAS: ~ Y.9.Y.. UNIDENTIFIED sPE.AX:ÊR: And one residence. CHAIRMAN DAVIS: Mr. Bruet. COMKISSIONER THOMAS: One residence? Page 16 , r , ~ . . *-, .' .' . ) . ; t I ; ~ I ~ I lóG 1 July 17, 1997 MR. SAMOUCE: There's also one residence there. COMMISSIONER BRUET: Can staff tell us about any previous applications for boatdocks down there? The gentleman alluded to one that was turned down in '95, and I was not on the board in '95. MR. BADAMTCHIAN: Mirage is a development that has been under construction since 1990, and it's not happening. In 1993 or '94, they applied for a boatdock, and then they withdrø"'li. The developer is not there. Th~re's just a trailer sitting there -- COMMISSIONER BRUE'I': It never came before the board? COMMISSIONER YORK: It was. C~SSIONER BRUET: Pardon me? C~SSIONER YORK: It was. COMMISSIONER BRUET: It was? MR. SAMOUCE: It came -- it came before the board, and then they withdrew in light of all the opposition. They backed out. CHAIRMAN DAVIS: The peti tion was wi thdrawn. COMMISSIONER BRUET: Thank you. CHAIRMAN DAVIS: Any other questions of the speaker? Thank you. Ms. Student, did you have something that you wanted to tell us about? MS. STUDENT: I was just going to state as a general rule, and you have to look at all the circumstances, but you have to be denied all reasonable use of your property, you know, to amount to a taking, that's all, and there is a provision in the criteria that deals with the view, and staff bas done a staff analysis of the different criteria. As you know, we've recently amended our land development code, and I believe these reflect the new criteria in there. - . - CHAIRMAN DAVIS: Next speaker. Is there anyone else here today that would like to speak? Please come forward, sir, to the microphone, and we'll let you make that decision about the difficulty of the spelling of your last name. MR. ARNOLD MANN: My name is Arnold Mann. I bought a condominium at Dela Park Place. I just want to show -- I think it might be a legal issue at the time. I was shown brochures of this development. It was absolutely gorgeous. By the way, I had a condominium in Fort Myers Beach, in Lee County. I chose to come d~ here because of what I had seen down here at this Dela Park Place. It was absolutely beautiful. I saw the water's edge clear as a bell, which was not up in Collier County -- in Lee County, rather. I have brochures over here of what they represented, these developers. I can show it to each and every one of you. There's nothing mentioned about slips. Had they mentioned slips in the back of our condominium would have changed my entire outlook, and you can ask every one of those people who bought. Nothing was mentioned about slips until I found out about it after I closed. I wouldn't have bought there with slips in the back of my condominium, absolutely not. Page 17 __._._.___.__._'_ ~_,_n._.._..'Þ____~_ -.------- _.._.. -_..,- 16G If July 17, 1997 I would have been back in Lee County. Thank you very much. CHAIRMAN DAVIS: Thank you, sir. Is there anyone else that would like to speak on this petition? Yes, sir. MR. ED MANN: My name is Ed Mann. I also am a unit owner at Dela Park Place, and when I purchased it, also, just like my brother mentioned here, we bought there because of the view of the open Gulf. There was never arr:l mention about slips. They did say they were going to put a fishing pier in which was very good. Most of the people that I spoke to there were in favor of that. I've spoken to quite a few of the owners that are there now, and I haven' t spoken to one person that is in favor of this -- of these slips going in. I spoke with some people that are on the lower floors, I'm on the second floor, and this will have an impact on our view of the Gulf. 1'111 on the second floor, and it's about 18, 19 feet up off the ground, and these boat slips with the lifts will impact my view. I was also looking through a lot of the correspondence that the boards have received, and there seems to be an awful lot of interest by these various ager~ies in regard to the manatee. There have been several manatees that have been killed in the area, within a mile and a half of this area within the past period, it didn't say how much of a time, but just recently they said two or three manatees have been killed in that area. I think that's a consideration the board should also take. Thank you very much. CHAIRMAN D1\ VIS : Thank. you, Mr. Mann . Anyone else to speak on the petition? Please, sir. MR. CHILDS: Excuse me, Don Childs, once again from Scuderi & ctiiIdS. I would just like to respond to the last two speakers and make it very clear to the board that the prospectus, the brochures that they refer to, they were amended prior to any closings of the units. The amendments were filed with Tallahassee. All of the owners, before they closed their units, were given the amended prospectus which very clearly state that the docks would be applied for. I filed a written reply with the file. That's in the board's file that shows tbe documentation. Plus tbe fact that all the unit owners before they closed their units, they signed a receipt acknowledging that the boatdocks would be put in. Thank you. MS. STUDENT: That's not germane. CHAIRMAN DAV1:S: Would the peti tioner like to finish up? KR. ARNOLD MANN: I f I could respond. CHAIRMAN DAVIS: Hr. Hann, if you could be very brief this time. MR. ARNOLD MANN: Okay. I would like to respond to the last person that just spoke. I received a set of documents months before I closed, but what happened over here was I closed MAy 5th or the 15th. Five days prior to that, I got a set of documents this big. I did not even look at the documents. I figured it would be similar to the other ones. Little did I know that five days before, they inserted the slips. I don' t think that's correct. I don' t think that I don' t think that's proper to do that. That's the only change in the Page 18 ¡, -, ------ t l ì 16G 1 July 17, 1997 entire documents. CHAIRMAN DA vts : MR. ARNOLD MANN: CHAIRMAN DA vtS : before the petitioner Hr. Petitioner. COMMISSIONER THOMAS: Wait, wait, wait. CHAIRMAN DAVIS: I'm sorry. Oh, ma'am, please come forward. COHMISSIONER 'I".HCJMAS: We had 14 people who stood. There's only Thank you, Hr. Mann. Tba.nJt you. Is there anyone else that would like to speak comes back up for their closing remarks? six HS. STUDENT: Kr. Chairman, would you please verify whether this lady was sworn? COMKISSIONER THOMAS: Yeah, she was sworn. She was one __ MS. S'l'UlJEN'I': Okay, thanks . COMMISSIONER 'nIOMAS: She was one -- COHKISSIOtlER B1tUZT: Fred takes care of all that. CHAIRMAN DAvtS: State your name for the record. Thank you. MS. GERAGHTY: Patricia Geraghty, purchaser of a first floor unit at Dela Park Place, and I just want to say that I'm for the boatdocks. I've always lived -- I lived in Rhode Island where we had boatdocks allover, you know, along the -- not right in the ocean, but -- I just wanted to say that I'm for boatdocks, and I don't see any, you know __ the view will be different, but I don't think it will be changed that much. . COMMISSIONER THOMAS: You say you have a first floor unit facing the water? MS. GERAGHTY: Yeah. ,They all face the water. COMMISSIotiER THOMAS: You have a first floor unit facing the W4tft? MS. GERAGHTY: They are all front to back units. CClÐ(ISSICfiER TI'.QMAS: Okay. Thank you. MS. GERAGHTY: I'm the first floor closest to CayJllmhAs Towers. COMMISSIONER "l'HQfAS: Okay. Thank you. CHAIRMAN DAViS: Thank you, Ms. Geraghty. Anyone else? I'd ask the peti tioner to come back up. MR. NEAL: I'll reøpond to a couple of things, and then Rockie Scofield will do the rest. I believe that the county also has 19 letters from unit owners that say they are wanting the docks. So, there are more letters that say they want the docks from owners than are saying they are opposed to the docks. HR. BADAHTCHIAN: I hAve received six letters in favor of it, but they have given me a list of unit owners who are in favor of it. The number is correct, but I haven't received letters from everybody. MS . STUDENT: I CHAIRHAN DAVI:S: As the assistant county attorney has often reminded this board, we don't do a count of who is for it and who i. against. W. are -- MS. S'ruußNT: It's the criteria. Page 19 I 16G IJ July 17, 1997 -- legally bound by the nine items of criteria development code, and this board, I'm very proud about adhering to those nine points in the code. CHAIRMAN DAVIS: that are in our land to say, is very good Please continue. MR. NEAL: Okay. I just wanted to make a clarification. Thank you, Cbahram. In the package that we have submitted to you is a study of the flow in this waterway. Not only did we recite in writing what the result is, we gave you the charts. BaJled on that information that was done and performed by a professional company, 1978, the hydrologist from the Tallahassee Department of Environmental Protection has looked at it and said tbere is no problem wi tb the f low in the area we are talki.og about. I'll show you on here. That's not particularly tbe one I wanted, but the velocity taken out here, and inside here, the velocities are real slow, that's why you have tbe deposit of material in here. This is -- this is sl~~ veloci t.y. The velocity out here, as you see on the charts that we had cited, is not as great as you would bave there at Snook Inn and some ot the other places that he tried to use analogy witb. I'll t\.irn i~ over to Rockie, and then if you have any questions, I'll be glad to come back. KR. SCOFIELD: I won't be long, I promise. the record, with TUrrell' Associates. A couple of things to address bere. I went througb most of the letters. We -- we continued thi" from tbe la.st time, and I addressed __ I went through, I know, 50 letters and tried to boil them down and address the concerns, and I WAS on the site, and I just want to say a co\1p1.e" of things. . This area by the state under the manatee protection plan was listed as a preferred development site which IDeAn. this area can have a lot more boat slips than what we are propos1.no. I believe the number was over 70 for this site. That is addressing the manatee. That's under the manatee protection plan, so we -- those hurdles have all been cleared. As far as navigation goes, the Corps of £Doineers ~ issued intent -- has given us intent to issue the permit. The only people looking at it rigbt now are the fisb and game people. They-- everybody -- there's About ten agencies that have to sign off on it, but we have been given approval from the Corps. The Corps of Engineers is the navigation expert. This chAnnel is over -- it's over 500 feet wide. We are going out into it 65 feet. Plenty of room for boaters to get around. Yes, there is a current here. Yes, it may be difficult to dock a boat there. That's -- that's the boat owner'. problem. If be's going to tear up his boat on their docks, then that's his expense. usually in a current situation, you nudge your boat up to a pilin9 and try to get in rather than gwinging out a couple hundred feet because then the current will take you way down. So I don't -- you know, there's always a potential for problems Miles Scofield, for Page 20 --- Ib(j 1 July 17, 1997 for navigation because a lot of people in boats don't know what they are doing, but that's always going to be that way. So, the navigation problem we believe bas been addressed over and over again, and so, again, 16 boats in this area. It's a pass. There's a lot of boats going in and out of here. We don't feel 16 additional boats docking at this area being used for however much they are is going to add all that much confusion, and so I just want to say that most of the things have been addressed. Obviously, the view is always a consideration. It always boils down to the vie-It of people, I would imagine, but legally and permit wise and logically, this situation fits clearly in this pass because of the way the shoreline goes in and also the width of the waterway, and if there's any questions, I'll be glad to answer them. CHAIRMAN DA~S: Questions of Mr. Scofield? Mr. Nelson. COMMISSIOtlER NELSON: Mr. Scofield, with the -- since they've dredged out that whole channel along there, what -- I'm in that channel every week in Caxambas Pass, and it seems to me that everybody sort of hugs that shoreline as they're going in and out, and that the safety question, even though you admitted it may not be a big problem for people to get in and out of their slips, I think you correctly inferred that there would be some problem, and as they're backing in and out, it's qoing to push other boats out farther and farther into the channel, but the deep water channel, and you can almost see it there, it almost runs riqht under -- underneath where you're putting the docks. MR. SCOFIELD: Right COMMISSIONER NELSON: channel going riqht under sëe l:hat? HR. SCOFIELD: This is all COHMcrSSIONER NELSON: It's all the boats go, riqht throuqh goinq to put it. MR. SCOFIELD: there that often. COMMISSIONER NELSON: Okay. MR. SCOFIELD: I've been in the area quite a bit, but you can clearly see -- you can clearly see from these photographs, here's the project. Here's the shoal running here. COMMISSIONER NELSON: How old is that picture? MR. SCOFIELD: The channel is this. This was '90 -- oh, two years old. COMMISSIONER NELSON: We have a whole new -- HR. SCOFIELD: This was taken Monday. COMKISSIONER NELSON: Yes, I know, and that's what I'm pointing in bere. No, you'll see there's another real dark where he's qoing to put tbe slips. Do you shallow in here. not that shallow. That's where almost there, riqht through where you're No. This -- well, I'm sorry. I don't boat down See, that's just not what we have anymore. out. MR. SCOFIELD: I'm sorry. This was also -- this was also taken Monday. Here is our project. OUr project is right here. You can clearly see the shallow area riqht here. This was taken just Monday. Page 21 J- .- -------------------- -. ._-.-" ---. ..-------.---------... IbG 1. July 17, 1997 There's the bar right through here. Yes, it does drop off very much right here on the eðqe, but you also have this entire way. The deepest part __ you're correct. The deepest part is in through here, but also you have even over three, 400 feet, you have eight feet to ten feet of water in this area. COMMISSIOtŒR NELSON: Yeah, I Jcnow, but the main channel -- put your pen on there again and move it -- right there, right there. Do you see it? That's the main channel. That's where everybody is going; right there, and you can see that all of your boat slips are goinc¡ to be very close to that channel. . ~SSIONER THOMAS: Excuse me. I've got a little question. MR. SCOFIELD: That's not -- that's not -- COMMISSIONER THOMAS: I boat down there all the time also, and I'm telling you, wben you come in -- when you're coming from -- tip that toward us a little bit on the top because we have a glare on there. When you're coming from out here, you come in here, you're going to make a straight cut straight through to that point. This i2 where you have your problem when you turn that corner here. When you come throu9h here, you're not going to swing close to that thing because you have a fishing pier here -- COMMISSIONER NELSOtl: Wait a minute, though. I'm not sure you know where you're coming in from. That's not the Gulf out where you're starting. COMMISSIONER THOMAS: The Gulf is out this way. KR. SCOFIELD: The Gul f is here. COMMISSIONER 'l'HOMAS: The Gulf is out here, and I'm saying coming in from down here -- this is where they cut the new channel this way because there used to be a time you came across there. - - HR. SCOFIELD: You can clearly see the new dredged channel. COMMISSIONER THOMAS: Yeah. You waed to be -- you used to come across right in here, and when you came across that point right there, you went straight to that point, and you stayed way off of this wall here. I do a lot of boating down there. caoaSSIONER NELSON: Now they are hugging that shoreline all the way over to that first inlet by Shipp's La1'ding. That's just the way everybody goes. Anyway, I thi.nk it's -- UNIDENTIFIED SPEAlŒR: I have a chart of the new channel if you're interested. CHAIRMAN DAVIS: We can only speak from the podium. Is there any other questions of the petitioner? COMMISSIONER YORK: Let's move on with this thing. CHAIRMAN DAV1:S: Well, we'll give Rich an opportunity here with this drawing he has secured. MR. BI..ANCHARD: The primary -- ~RMAN DAVIS: Sir, you have to state your name for the record. MR. BI..ANCHARD: My name is Frank Blanchard. 1: spoke a little earlier. This is a map that's an aerial photograph to scale, and you'll Page 22 - ___ø_.______ "__,_ Ibb 1 July 17, 1997 see by the dark cross hatching there, this is the primary channel that we are talking about. This is a current map, not 1990 map. You are really talking about this channel coming in very, very close on the north side of the pass toward these docks. I think there is still this is not a millpond. CaxðroñAS Pass is an open -- piece of open sea. CHAIRMAN DAVIS: Okay. Thank you. Any final questions of the petitioner? Seeing none, I'll close the public hearing. Motion? COMMISSIONER OATES: .Mr. Chairman, I would move that we approve BD-97-15 subject to the staff's stipulations. COMMISSIONER THOMAS: Second. CHAIRMAN DAVIS: A motion of approval by Mr. Oates; seconded by Mr. Thomas. Discussion? The county attorney, did you want to tell us something? MS. STUDENT: Yeah, I just take it that you concur with staff's findings as a basis for the motion. That's all. CHAIRMAN DAVIS: Okay. Kr. Nelson. C~SSIONER NELSON: I can't vote for this, as you probably have inferred, in that I think there is a major safety issue here, and I also think. it affects the views as woell, but regardless of what the petitioner's people have indicated, I'm telling you I'm in that every week, and people actually cruise right in front of that property and I think will continue to do so. We're going to have a real safety problem and the precedent of creating more and more docks, which will happen now if we approve this one, is something that we have to look at. It will be very difficult to turn others d~~ on the same basis tl1:a.r 1't.' s a very wide channel, but it's not. The main channel goes right next to that shoreline and always has. COMMISSIONER BRUET: Mr. Chairman, I'm also not convinced it's not a navigation hazard, and I do respect the rights of the adjacent property owners on their viewing issues that they have brought up, and I agree, too, that there's a sense that public opinion is still against boatdocks in this specific area of Marco Island. So, I believe I'll decide with Rich. CHAIRMAN DAVIS: So, the two of you are saying that Item E, the effect the boatdock will have on safety of users of navigable channel is a criteria which you say has not been met along with view and , concerns with view which is -- MS . S·l"UU.ENT: Item G. CHAIRMAN DAVIS: -- Item G? caoaSSIOIŒR NELSON: That's correct. CHAIRMAN DAVIS: Okay. Any other discussion on this motion? Let's -- COMMISSIONER THOMAS: Poll. C'HAJ:RH1'N DAVIS: -- go down -- poll tbe board starting with Mr. Nelson. There's been a motion made of approval by Mr. Oates; seconded by Mr. 'l'boma.s - Page 23 \ ~ ¡ i ."::.i~~.."_.:/~'. . . .~,ø' .... .~./...t.f,,;;.'~. , ".t. ~ ;'~.. "b~ ~- '~~,"?' 1 .' . l.t. -" ..~' ,...:...."". . .:;;:~ ./f ; ".~--:;j~ ..'. .- , '. f .... .. ....... . , .. oil' . July 17, 1997 COMMISSIONER NELSON: I'm against the motion. ", C~SSIONER BUDD: For it. COMMISSIONER BRUET: Against. C~SSIONER THOMAS: For. CHAIRMAN DAVIS: For.. COMMISSIONER YORK: Against. ., .., C~ISSIONER OATES F ':".). . >, . . Vr:I.i"J. : or. l,~;-:"'. ~ ~ ,.. COMMISSIONER PEDONE: For. . .. "", '.,'~'.. .I.....¡:: --.... . . ;;¡ COMMISSIONER WRAGE: For. '~'"",(' . "~ ., CHAIRMAN DAVIS: So, the motion passes'°by a' vote of seven . .' . C~""....SSIO...rr._':R THOf61l~.. Six-three. . 11."~." ~. ..,..:~. '.' '., - . Vn¿-. n.. ~ ~·o:::"',;.I ,.~:¡ '. · . t. ' ,_ .', I. ':jIþ.\,. MS. STUu:ï::tolT: Six-three. ..~~.rU:-,~'>" ·'t··, ;1/Â''¡¥, CHAIRMAN DAVIS: Who were the -- whõ ws'the' third n89ative? -. '. :..; COMMISSIONER YORK: Right here. ~:¡:."7'~Œ·'· .~,~:.:,. ...·~'r').. ....'~. --. . ç" ." . . .. COMMISSIONER THOMAS: Hr. York. ~.~ t.,~~~,'. '.-:; ". ._......, .' CHAIRMAN DAVIS: I'm sorry. Mr. York¡;six to three, and with., :-.~ ... that. I would notify -- or I would put everybody".on-notice in t~e' ...\:,;~~-:~ . audience today that the applicant should be aware that this boatdock petition may be appealed by an affected prÖperty owner'within 14 days of this hearing, and therefore. thp. applicant proceeding with any . construction is at his own risk during this period, ànd I would guess that this might very well be one that does get appealed. ,. .. . ~ MS. STUDENT: And I'll just put on the record so everybody knows that the criteria that the Board of County Comm.issioners looks at or Board of Zoning Appeals, which is Board of County Commissioners, are twofold and that is whether the decision of this board was based upon cOUlpetent and substantial evidence and whether the-decision is . :"-"'J" contrary to the provisions of the land deVÉt1 opment'''éãde"or tbe'grówth mãriâgëment plan as tbe case may be, and yóú 'don' t rehash it before the board, but tbose are the criteria that you Would a~ess.. ,'~~{~&" CHAIRMAN DAVIS: Thank you, and with that, we Are going to take a five minute break while we reorganize the "room. '" .',' . ~~ . -:. . (Small break was held). ,~'.,: ,. .,' ;~.~ CHAIRMAN DAVIS: I'll call the Collier County Planning Commission meeting back to order ~-;~ . . . . . ... -.. À C~SSIONER YORK: We've cleared the place out a little bit. CHAIRMAN DAVIS: and we are up to' -- ' . "-. COMMISSIONER YORK: Item C. í'?~~r-...... .I, .... . CHAIRMAN DAVIS: Item R-97-3. ~I'Would ask all those present here today that are going to speak on 'this pet.ition to please stand, raise your right hand so that you may be sworn.... ~'. _ '. , . . ~.;..~~;.~~.I~. COKMISSIORER YORK: Please stay standing. . ].~~~ ;...,.., .~~:~:: ..~:-'.:Æ'1 "'~-::.'~"~ COMMISSIONER THOMAS: Are you fellows going to 'speak on UJG; ~: ._,~/ petition -- this petition? . :..;.~., " ., .,',.... . " I, UNIDENTIFIED SPEAJŒR: No. ·;;".,,:k~·,~...:;: '~:': ~ h. -, _. ;.......~ CHAIRMAN DAVIS: If you're going to'~ on this petition, J R-97-3, please stand, raise your swear you in. Please. (The speakers were sworn). ~ . * ,,' .. . -. . f- ~:'" ," , . ,. right hand so the court reporter,~~~ . .......;.~...;....: ~:.~._. 'H-~,,::.:. , ~.. ~. '__"..""".--. . , . ..... ..'.-.... ..... ..-.......-. ..- . ""- _." ..'~"'-- ....-. - ..- Page 24 . .. ,,'.- - 16G I' July 17, 1997 CHAIRMAN DA~S: Hr. Reischl, this -- MR. REISCHL: Good morning. CHAIRMAN DA~S: -- this is taking 80 units down to four units. MR. REISCHL: Potential of four units, yes. Right now, it's one parcel -- Fred Reischl, planning services. Right now, it's one parcel, so technically, there can be one house and a guest house. For the record, Ms. Student asked me to go through the legal history of this parcel to inform you. CHAIRMAN DA~S: Okay. MR. REISCHL: First of all, it's located south of Davis Boulevard, east of County Barn Road, approximately one mile south. It's surroundp.d by, generally by estates property. The exception would be estates with conditional uses; the two churches across the street and the County Barn directly to the north. All those parcels are underlying zoning estates, however, they do have conditional uses, and this portion of the Falling Waters PUD diagonally across Crews Road -- Falling Waters POD density is five point, I believe it's nine seven. However, this portion of Falling Waters is a conservation tract. This parcel itself will not have any dwelling units on it. The parcel was, in 1988, zoned estates, and in 1988, the original petitioner petitioned the board to rezone it to the Island Pines Garden PUD which brought it from the one unit per two and a quarter acres to eight units per acre on the ten acre parcel which would result in a maximum of 80 units. During zoning re-evaluation in 1990, the parcel was found to be exempt because there was an existing site development plan. However, the site development plan has since then expired, and the parcel became subject to the sunset provision of the LDC. -'-On December 10th, this petition came before the board, and the board gave the petitioner, the original petitioner six months to bring forth a PUD amendment to make this consistent with the density rating system of the growth management plan. We have not received a POD amendment, and -- as of June 10th, and hence, we are bringing this to you for your consideration as to rezoning. Staff is recommending a rezone to estates because of the surrounding zoning. However, we did consider two other possibilities; one would be to agricultural district which basically, in the urban area, would be a base zoning to start with. The property owner could request a rezoning to another district, or the other possibility would be RSF-3 because that would be the base density under -- or the density under the density rating system. However, because of consistency with the surrounding land use, staff is recommending a rezone to estates. CHAIRMAN DA~S: Questions of staff? COMMISSIONER OATES: Yeah. When it came to the commissioners on December the 10th, it came because it had expired; is that the reason it came before them or what? MR. REISCHL: It had been over five years since -- COMMISSIONER OATES: That's what it means? )fRo REISCHL: Yes. It was part of the POD reviewing requirement. Page 25 . 1 ¡ ¡ i i ~ I { . ¡ ¡ , . !. Î ¡ i t .. -- - - - 16G 1 July 17, 1997 MS. STUDENT: It's part of our sunset requirements and our land code. COMMISSIONER OATES: I just wanted to make certain that's the reasoning. MR. REISCHL: Yes. CHAIRMAN DAVIS: Okay. Any other questions of staff? Anyone from the audience that would like to speak? MR. JONES: William Jones, 3000 County Barn Road. I recommend that you adopt staff's suggestion. CHAIRMAN DA~S: Thank you, Mr. Jones. COMMISSIONER THOMAS: Where is the property owner? COMMISSIONER YORK: He's not here. MR. REISCHL: I -- after several letters to the property owner, I talked to Steve Erek of Green, King & Erek, and -- on the telephone, I have not received a letter, but he said that the property owner, to the best of his knowledge, was not going to object to the rezoning. COMMISSIONER THOMAS: Okay. MR. REISCHL: Again. that was a phone conversation. There was no letter received. CHAIRMAN DA~S: Certainly, their opportunity to do so is here today, and they are not here. Any other speakers from the audience? Seeing none, I'll close the public hearing. Motion? COMMISSIONER YORK: Mr. Chairman, I move that we for~ard petition R-97-3 to the Board of County Commissioners with our recommendation to change the zoning back to estates. COKHISSIONER BRUET: Second. CHAIRMAN DAVIS: Motion by Mr. York: seconded by Mr. Bruet. D~sCU.sion on that motion? All those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN DAVIS: Carries unanimously. Petition PUD-82-33 (1) which begins -- you've got the last three out of the last four, Mr. Nino. Would all those here today to speak on this petition please stand, raise your right hand so that you may be sworn by the court reporter. (The speakers started to be sworn in). COMMISSIONER PEDONE: Back up. CHAIRMAN DAVIS: You haven't been sworn yet. Start over. (The speakers were sworn). CHAIRMAN DAVIS: Thank you. Mr. Nino. MR. NINO: Yes. Ron Nino of planning services, for the record. This petition seeks to amend the existing Wiggins Bay POD to remove -- which is located on the southeast corner of Wiggins Pass Road and Vanderbilt Drive. Within the Wiggins Bay POD, the property, some three acres, was zoned -- was set aside as a commercial development site. This petitioner is seeking approval to convert that Page 26 I I ~ ¡ t ¡ I . , ~ ; ¡ i ¡ , . , \ I . f ! , I r r ! I l í · ¡ ! ~ r · f , · l f I · · I .. ( I 1 t · l · ; } f ! ( ~ t ~ ~ l ~. , I I ~ 16G 1 July 17, 1997 commercial site to a residential usage at 16 units per acre which is authorized by the future land use element of the growth management plan, which provides that any commercial zoning that is basically inconsistent with the future land use element may be converted at a density not to exceed 16 dwelling units per acre. This petitioner -- Commissioner Thomas, are you -- COHMcrSSIONER THOMAS: Is this the same commercial property that vas supposed to be a restaurant -- MR. NINO: Yes. COMMISSIONER THOHAS: that we wanted to make a building before? COMMISSIONER YORK: Yes. MR. NINO: Yes. You dealt with this property a year ago, and at that time, the petitioner sought to convert the commercial property to multifamily but for a 15 story structure. That petition was denied by you and by the board. and subsequently, they are now back seeking authorization to construct a seven story multifamily structure. Currently within the Wiggins Bay PUD, you have a number of structures. five in all, called the Princeton Place. These are five story structures. However, you should appreciate that the wiggins Bay PUD authorized up to seven stories on these properties although they opted to build five story structures. On Harborside, you have four story and three story structures respectively. However, on a portion of Harborside, the current -- the most recent buildings under construction, the PUD actually authorized up to eleven stories on that tract, although, again, they opted to build four stories. These are -- more importantly. they are multifamily structures, al~ ~ultifamily structures. You might be interested to know that to the more southerly end of the Wiggins Bay PUD, you'll note five tracts. The current POD authorizes thirteen story structures on these properties, and as a matter of fact, very recently our office approved a final site development plan for a tower to be called the Aruba which will be a thirteen story structure on that property there. You'll note that a great deal of land in the Wiggins Bay POD, much more than 15 percent, is basically all open space and part of the waterway. Across the street is the wiggins Pass Marina property. The corner -- there's one piece of property that's kitty-corner, is partially vacant and zoned C-4. Across the street directly from this property, the land is undeveloped. OVer in this area, you have Tarpon Cove. OVer here you have the Wiggins Bay condos, and also on this side you have the Cocohatchee River Park, and of course, as you know, ~iately to the seaward side of the river, Cocohatchee Park, you have the Pelican Isle project which is a project of three ten story buildings, and over here you have Island Marina which is an eight story structure. COMMISSIONER YORK: Ron -- excuse me. The piece that we are talking about is the piece in the northwest corner? Page 27 IbG 1 July 17, 1997 MR. ~lrNO: Right, Tract 10 on your map in your packet. COMMISSIONER THOMAS: Ten? MR. NINO: In the -- I have these kitty-corner -- to hand out, these are letters of objections that were received after the staff report was mailed out. I believe there are six letters there. It's the opinion of staff that the amendment to the Wiggins Bay PUD is consistent with the future land use element. The future land use element, as I indicated, for all intents and purposes, really encourages eliminating inconsistent commercial zoning because if you look at the language of the FLUE, it uses the word bonus. Well, bonus to me means an incentive, so from the point of view of the future land use plan, it makes a statement that if it had its druthers, it would rather see residential development here than commercial. Therefore-- therefore, the proposal before you is consistent with the FLUE. In terms of the height of buildings -- because I think what you're going to hear is that it's really the height of the buildings that is the major issue here although it's obvious from some of the letters that you've received that there are a number of people in wiggins Pass Bay Karina who, in fact, would rather see a shopping center or a commercial development located on this property, but relative to the issue of height, staff -- the only thing that staff has to guide it is if this was a conventional rezone, what do we normally permit in terms of height under our standard rezone for multifamily, and the RMF-16 is that district that permits a seven story building. So. our position that this mirror images a standard classification in terms of height. and therefore, is appropriate, and we think it's appropriate on the basis of compatibility. I mean, the staff report points out that -- I suggest that it is nót öiscernible from the human eye. If you're driving down the street, to really note the difference in the five story building to a seven story building, that that's not a discernible thing, and I believe that, again, as the 8taff report points out, that the separation from the actual building site, the nearest building site to the nearest building site potentially on tract, this tract, is somewhere in the neighborhood of 250 to 300 feet, and again, I suggest to you that within that horizontal distance, the difference in height is not discernible, and if you're going to talk about view blockage, then, obviously -- obviously, a five story building -- if you're going to narrow it down really finely to the issue of, well, if there's a five story building here, there should be a five story building there, that's going to still block views. Recommendation of staff is that you forward this to the Coun~ Board of Commissioners with a recommendation for approval. CHAIRMAN DAVIS: Kr. York. COMMISSIONER YORK: Ron, two questions. As I recall, when we looked at this thing a year ago, accessibility to this as a commercial piece was kind of inappropriate or not logical. I remember that it was MR. NINO: Well, the amendment at that time would have provided. for an external access. Page 28 _.._-~--- .... 16G 11 July 17, 1997 Currently, all of the property in the Wiggins Bay POD has to be accessed internally. That amendment would have allowed internal access as well as an external access point. MR. YORK: Second question, under the current zoning, under what is currently zoned, what could the owner build there now? How high could the building be? MR. NINO: It would be a three story building, and we estimated __ we estimated that if somebody wanted to build a shopping center on that property, they could generate somewhere in the neighborhood of 100,000 square feet of retail floor space. That, of course, would generate somewhere in the neighborhood of -- I believe our estimate at that time was like 700 cars a day. Whereas a 56 unit apartment building would generate somewhere in the neighborhood of 300 automobiles per day. So, you'll note, one of the letters there says that the multifamily would have a greater traffic impact. That is not the case for the record in terms of -- in terms of other levels of service. We also think that commercial development at the maximum intensity of a 100,000 square foot shopping center would certainly have a greater demand in terms of sewer and water, garbage collection, you know, all of those levels of service that we have. So, we certainly think -- in our opinion, the conversion will result in a reduction on demand for public services. CHAIRMAN DAVIS: Any other questions of staff? Mr. Bruet. C~1ISSIONER BRUET: Ron, under the requested action that the petitioner mentions, up to seven seven-story structures due to the configuration of the site, is seven structures a -- is that doable or is it more of a five or less? --MR. NINO: What they are actually going to build? COMMISSIONER BRUET: Yeah. MR. NINO: I don't know what they are actually going to build. COMMISSIONER BRUET: Okay. MR. NINO: Maybe Kr. Fernandez will shed some light on that. COMMISSIONER BRUET: All right. CHAIRMAN DAVIS: Kr. Fernandez. MR. FERNANDEZ: Good morning, gentlemen. Michael Fernandez speaking on behalf of the petitioner. I bave a site plan I'd like to pass out. This is a preli~ipary conceptual site plan that we haven't had a chance to bave reviewed by all the authorities, but this plan would allow us to meet under the current and PUD regulations all the setback requirements, building separations and other code requirements. You'll notice that there's a lot of green on the tract. Now, I've colored also the preserve area that's south of the tract, but on the tract itself, we would have in excess of 6S percent open space, green space by this plan. The two buildings would be seven stories. They would be less than half the size in footprint of the adjacent project's buildings. Their orientation -- these buildings are north of Princeton Place. Tbe views of Princeton Place, their primary views are to the Page 29 -.-."...----." 16G 1 July 17, 1997 south. These views are to the southwest from our structures, and the short side of the buildings are actually perpendicular to Princeton Place. We'd like to make a small correction. When Mr. Nino was speaking, I think he erred in that when this was presented last year before, our petitioner was then seeking 15 stories. Staff had recommended a 10 story building, and your board unanimously recommended approval of the 15 story building at that time. MR. NINO: I forgot. MR. FERNANDEZ: So, what we are coming in for here is less than half. A good many of the public speakers at that time were looking at something that would have -- you know, that would be more compatible, and they were talking about seven stories is what we were allowed to have on our pieces. That made -- you know, that strengthened their argument for this piece. It's something that was listened to by the landowner who then was able to find an end user that would be amenable because the petitioner, who is the landowner himself, is not a residential developer, and he's selling it to a third party, but we think we've corne up with a good site plan that works and addresses a lot of the issues. I'm not a traffic engineer. Mr. Kant is here, but if we have 100,000 square feet of commercial, it will generate many fold, not just twice as much traffic, but many fold greater than that as opposed to the 56 units that are proposed. Last year when we were doing our estimates, depending on the actual use, we were looking at generating 20 percent of what a commercial use -- a reasonable commercial use, and if you stretch the imagination, maybe even, you know, 5 percent of what a commercial use would be on this particular site. -- Take note that because wiggins Bay is an entire PUD, our open space requirements and our -- have been met. Our environmental requirements have been met off-site, if you will, off this tract, and if we were doing a commercial development, we would be allowed to simply put a perimeter buffer of 10, 15 feet wide on the respective edges and pave the rest of it. OUr water management has been provided off-site as part of the PUD. So, again, it's a very developable site. We are fortunate that with this particular plan that we've came up with -- again, as I said, we've got an open space of almost two-thirds of the site, so we are very excited about that. Access was mentioned by Mr. York relative to access of the property. Access right now as it currently exists means that everybody has to go through the front gate, and that includes commercial. So, if we put a restaurant on this site or if we put a 7-Eleven or an office building or mixed use, again, everybody has to go through the front gate to access this property. It's something that really doesn't make a lot of sense. Staff in their review, we had asked for an access -- direct access as part of our petition. Staff recommended, we have agreed to no access to Wiggins Pass. So, we are saying that we'll agree to retain what we have the rights to now which is internal access to the site, and then finally, relative to compatibility, we feel, of course, Page 30 16G 1 July 17, 1997 that commercial is less desirable than residential in this place. Commercial, of course, is associated -- can be associated at times with smells, noise, lights, parking lot traffic, that this site, as proposed 56 units being residential and multifamily, would be extremely compatible with the adjacent users. And one last thing, staff came back and has suggested some different language in their -- in their approval to utilize the RMF-16 standards. The standards that are actually in the PUD in many cases are actually more restrictive. The setback, for instance, for our building will be 50 feet, and under the RMF-6 standards, Mr. Nino was telling me before the meeting that we would only be required a 30 foot setback, and we are amenable to living with the current standards that are within the PUD document that would have that would include those differences in the setbacks. And if you have any other questions, I'll be happy to answer them. CHAIRMAN DAVIS: Questions of the petitioner? MR. MULHERE: I just want to make sure I understood that. You're amenable to living with the RMF-16 standards is what you said? MR. FERNANDEZ: No, the standards that are in the PUD right now would require us, for instance, to have a minimum of 50 foot setback, where the RMF-16 would -- only requires 30, and, you know, so we were looking at well -- MR. MULHERE: I think that's fine, except I might have one problem with that. Can you tell me what the minimum required height is and how it's measured as far as the standards go in the PUD? MR. FERNANDEZ: As far as the SO foot setback? MR. MULHERE: No, the height of the building, how that would be mëasured as far as the PUD document? Does it address it or would it use the definition of height and how it's measured in the land development code? MR. NINO: No, it's -- MR. MULHERE: Because we measure height from the minimum FEMA elevation. So -- and I just want to make sure that's the case here. When we talk seven stories, we want to make sure that we're measuring height the same way we would for any other project or developer. COMMISSIONER OATES: He wasn't talking about height, though. He was talking about setbacks. MR. MULHERE: Well, development standards includes height. CHAIRMAN DAVIS: Any questions of Mr. Fernandez? Thank you. Speakers on this petition, please come forward. There's no one here that would like to speak? Please come forward, and if there's additional people that would like to speak, come on up and get ready to do so. I would remind you, when you come to the podium to state your name for the record. MR. LOUTH: I'm Roy Louth. I live in building three of Princeton place which is tbe one right in the middle of the dark, and I'm representing the board of directors' president. I'm the vice Page 31 16G 1- July 17, 1997 president and the treasurer. We are against the rezoning of this property. When we bought the property, we were told that it was commercial, and indeed it is still commercial. We were told that any structures on it would be of -- future structures would be of two or three stories, and now we are talking seven. In addition, the end units of building three -- you can see there's a building -- it's the building in the middle. The building to the right of it is in front of -- building two is in front of building three, very close to it and actually in front of it at the end uni ts . The primary view of the end units of building three are not necessarily in the front. They are off to the side, to the west and to the south, and this is exactly where this proposed building would be. So, this would effectively block tbe views of all the end units of building three. They are blocked in front by four -- partially blocked by four in front, but on the side, tbey are not blocked, and this would block those units. Also, upon talking to several of the people in building four, we have discovered that they were not notified -- they say they were not notified by mail of this petition. So, three or four of them have stated that. So, again, we are opposed to it. We were told that it would not take place, and thank you. CHAIRMAN DAVIS: Thank you, sir. Next speaker. MS. DAVIES: Good morning. My name is Jackie Davies. I live at 320 Horse Creek Drive on the fourth floor, 405. My husband and I retired here in 1994, purchased the unit in Princeton Place, building two.- ·We were told at that time that it would -- it was zoned commercial and it would remain that way. Again, like Mr. Louth said, that there would be nothing more than a two, three story building. Our building will be right -- will face this pending development. When we moved down here, we loved Princeton Place. We had beautiful views. We could go up on our fifth floor and look out the end, and then Pelican Isle built their three buildings with their yacht club and their beautiful buildings, but now we don't see the sunset, and we cannot see the pass with the boats coming in and out. We accepted this. I guess we don't really get a choice. Now, they tell us they want to change the zoning in front of.us. We are five stories. We are on the fourth. our breakfast area looks out. We will look out at a seven story building if it passes. It just seems that everything is being changed, and it should have stayed the same. I also would like to address that since we have moved in, the land on the corner of Wiggins BaY, right as you come in the gate was a lovely green area. Now there are 56 units there that they haven't -- they are still working on the last building. They go through our gate. The Tarpon Cove Club opened up which is very nice. They will boild the Aruba which will also add all these people coming through our gate, and now the building that you're proposing to okay will have Page 32 --'.. . lbG 1~ July 17, 1997 56 more units coming through, and the traffic will come in right opposite our unit. We are opposed to you okaying this zoning. I also would like to state that we checked at this time of the year, there are very few people here. We are year round. There are very few people here. It seems it always comes up at a time when there aren't enough of us to really, you know, speak out. I made several long distance calls. The people in our building -- we're Princeton Place II, the one that will be right opposite -- they had no notice of the meeting. I didn't do this -- maybe some letters came in, but I did not have time to, you know, do a lot on it, but I do think that these two matters should be considered, that it comes at a time when very few of us are here to speak to you of our opposition, and also, that a lot of people didn' t even know. I thank you very much, and I hope you consider our opinion. CHAIRlofAN DAVIS: Mr. Nelson. COMMISSIONER NELSON: Could I ask Ms. Davies a question? There was an indication that this would be better than the commercial use of that property. I'm understanding that that would not be better in your opinion, in other words, to have a residential seven story building there instead of a commercial building. MS. DAVIES: No, I prefer the commercial. We prefer the commercial. COMMISSIONER NELSON: Even with all -- you heard about possible smells -- MS. DAVIES: I heard about possible smel13, but in my opinion, a restaurant would not go in ,here and where -- it's just the idea that once this __ if you could see how close we are to this land, I mean we wiî~~~ it will just -- we'll be in its shadows, and as far as resale value, the reason we purchased in princeton Place was because it was lovely. The views were beautiful. There was green open space, and now all we have are buildings, and I just don't think there's enough land there. I don' t know what we are going to have left but a bunch of, you know, buildings, and it just seems a shame something as pretty as this site was when we purchased it has just, I think, overdeveloped. CHAIRMAN DAVIS: Thank you. MS . DAVIES: Thank you. CHAIRMAN DAVIS: Next speaker. MS. BARKER: Good morning, gentlemen. por the record, my name is Sally Barker. I represent the Second District Association. por those of you who are not familiar with the Second District Association, it is an umbrella organization for property owners' groups and associations in North Naples. We have not seen a site plan. We have not seen details of this proposed development, so I cannot address those, and I will not address those, but at our board meeting last Monday, we did discuss the rezone, away from commercial towards residential, and it has raised some concerns on our part. As Mr. Nino pointed out, this is -- this rezone is consistent Page 33 "."~~.. . ~...#:."'!.:..'~ : ....~.~~ ;~~: . ,'-:.~.;~,:.., 1 6 G' ,~;:. , ':~'~,t".~ ", " ";' ~. ('¡'~~ . , ... :;':~" July 17, 1997 ,>' , :: .~ .; :/.:>. .~.~, ~ with the FLUE. However, our policy makers, including yourselves, have approved aroendments to the comprehensive plan to encourage the " -.... '. development of more neighborhood commercial, and here we have a site ., that is already zoned for commercial. It's ready 'to go for ' ·'::';·.i~:;··.·- neighborhood commercial, and you're being asked tò"wipe it off the "~;:. , books . .". ,-~.~, ..:. , . I.. "þ~~~~·····; . . We have very little commercial in North Naples north of Wiggins . , Pass Road. That area is extremely under served, 'arid I realize there's an activity center that will be going in at Wiggins Pass and 41, but, tha t ' s s ti 11 a mi 1 e down the road. .... :.:~t:'j"'".~~) "::,,;: ...:':)~""Y..:'J'ff\_~' Now, across the street from this parcel,...· as was pointed out, we, " have a series of high-rise developments; the pelican~Isle, Anchorage, ,!~, all these buildings along there that are 'within-Walking distance -or.:-"~'· bike riding distance to this parcel. If this'gë5ës neighborhood .. ":,,;:-r..... commercial, it does not necessarily mean it's 'going to add all these '";:'.'., vehicles to the traffic at that corner. ~.A lot.~f ,t;hes.e people will be ..... t able to access that neighborhood commercial on foot or by bicycle, 'and that's the whole idea of neighborhood commerciål, ·which is to take . '~~.:: traffic off the roads by bringing services' closer .Pto 'the people so .. -.-' ' they can do their day-to-day errand running; go to' the bank, drop off their dry cleaning, whatever, fairly close to their homé so they don't have to hop in their cars, get out on the major arterials and drive two or three or four miles to the nearest commercial, and so this is our concern that we are losing the potential for a neighborhood commercial in this area, which, as I said, is under served. Thank you very much. -.,' . . ..,,\~';~<~:.' , .. CHAIRMAN DAVIS: Thank you, Ms. Bark~r~'·:~."~~~.·"" N t k - '..... ..., ~., ~ :":Ji ,.}¡"'........ ' ' .. ex spea er. ,.,... ;. ',;': '!.. <Kïr...... ',. . ' -.- MR. GRIFFIN: For the record, my name is pátrick Griffin. I live in Whispering pine in Naples, Florida. .-,~;":.,~"".)"~~~'-:" ,; ..,'.. r and my brothers were the original acquirers and developers of this project in 1982, and as a brief history, in 1982, there was no commercial up there, and that's why we allocated a portion of it to service the local market. Obviously, since then,· there are now 34 acres of commercial, plus whatever is at Germain Lincoln Mercury, plus what is across the street which is there for development. . I buy groceries very close to my house, ånd I don't take my bike, but needless -- a number of things that I think need to be addressed, and that is, number one is that for commercial purposes to come into .....,. this project and go via through the front gate . would create a ' . ',. tremendous amount of traffic. .-.:...... ,-~~~:',..,.. - .:'~. Number two, I think the height liDú. tation :-;..."the owner has ,. ': ~"'l- brought the height limitation down to what is' iri conformity to the.. ':---, area; below what was approved last time, below what staff had approved last time or recommended last time which was ten 'åtóries. People deal wi th the view. I know those Princeton Place buildings. Every building's living room, dining room and master bedroom faces out overlooking the bay. The secondary views they t:ãlk about -- there is a corridor between them and that view that they talk about in the back of the building. So, if they leave their drapes,open in the bedroom ~ .. .~~ .....--: ~..;. ., .,.. ,'. :~..:".'..~"". " -. f_ .' . .. ..... . Page 34 lblJ 1 July 17, 1997 or whatever, I doubt if our buildings are going to affect them as much as the people that are walking back and forth from the units. They seem to imply that they have these unobstructed views out of the back of the buildings looking at these particular buildings that we are proposing or the owner is proposing. Again, this is not in conformity with the comprehensive plan, and that's why we came to try to bring it into conformity, to turn it into residential, and I think the other thing that Mr. Fernandez brought up is that originally we had applied for a curb cut. By doing this residential, we would not be -- we were willing to give up the curb cut onto Wiggins Pass Road so that all the units would come and be serviced from the interior of the building, and by my count, I think other people have used less density on some of the site, and I don't think if you total the density, it will exceed the 696 units which were originally approved in 1982, and unless there's any questions, I'm finished. CHAIRMAN DAVIS: Any questions of Mr. Griffin? Thank you, sir. MR. GRIFFIN: Thank you. CHAIRMAN DAVIS: Additional speakers? Does the petitioner have anything to add in closing? MR. FERNANDEZ: In closing, I want to just address the issue of commercial viability at this site because of its limited access and because there is so much alternative commercial acreage in the area, there really bas not been a demand for commercial at this site. We don't expect it is going to bappen in the near term. There is the opportunity here to provide a more homogenous reaidential development that we think is actually a better land use tharrwhat it is currently approved for. CHAIRMAN DAVIS: Thank you. Mr. Nino, Mrs. Barker raised some interesting points about her encouragement of neighborhood commercial and this possibly being a lost opportunity. Any observations on what she had to say? MR. NINO: My observation would be that I concur with Mr. Fernandez, that there simply is not a market. I mean, 600 condominiums cannot support a 100,000 square foot shopping center, and the alternatives are within a mile. The shopping center that is constructed one day at the intersection of Wiggins Pass Road and 41 will be a more viable shopping center, and it will attract those people from Wiggins Pass. CHAIRMAN DAVIS: Mr. York. MR. NINO: We are currently dealing with another PUD that will be before you very shortly which will ask you to rezone about 20 acres on the southeast corner of Wiggins Pass because it's within the activity center. So, there's going to be an awful lot of commercial floor space available within -- for all practical purposes, within a mile, and of course, again, if there had been a market -- Wiggins Pass Marina about eight years ago submitted a site development plan for a shopping center in front of their boat storage building which is zoned commercial. That site plan never got materialized, so obviously, Page 35 "--,"~--_...- .... . 1 6 G 1.,;. . :''',:- ~; July 17, 1997 there's another indicator that there simply isn't a market for a shopping center in that area. CHAIRMAN DAVIS: Mr. York. COMMISSIONER YORK: What's the access to the PUD? MR. NINO: The access to the PUD is sort of a gated entryway more to the east of the POD. It's about 300, 400 feet from Gulf Harbor Road. COMMISSIONER YORK: So, it's a gated -- it's, in effect, a gated community? MR. NINO: It's a gated community, yes. ~:~". COMMISSIONER YORK: And commercial inside a gated community is kind of tough. " ..,' .'" · MR. NINO: Well, it would certainly preclude ~~'I would suggest to you that if it's going to be left commercial and if a shopping center is going to go there, that this developer -:-....the owner of this property will be back seeking a driveway cut. ;¡''''';''~; ~':<. . -.;.' '. '. ".. . CHAIRMAN DAVIS: Any other questions? Mr. Bruet. . COMlfiSSIONER BRUET: Michael, you only show two buildings on your site plan. Is that what you commit to or where do you stand? Your request says up to seven seven story buildings, and you show only two on the site plan. MR. FERNANDEZ: Tba t - - that mus t be a typo error. What we are looking at right now is -- would be two or one building. This is the two building al ternative which we've come about. If we can qet this past the fire department, then that's our intent to do two buildings, two small buildings. MR. NINO: The way the, amendment is worded, it simply says the maximum height is seven stories, and it doesn't say anything about the number' of buildings. . ..' '., :'< :. ," , ,.. COMMISSIONER BRUET: Okay. Seven"':- I"understand. Okay. CHAIRMAN DAVIS: Questions, Mr. Nelson? " COMMISSIONER NELSON: Yes, to Mr. Nino. In the -- in your analysis, and I appreciated the way you did the calculations on building height, but to compare the five story height and the view blockage for our new seven story is really a subjective sort of comparison when, in fact, the comparison should be between the 35 story approved height on that site; isn't that correct? MR. NINO: The what? The five stories. COMMISSIONER NELSON: Sorry, 35 foot approved height on that, site. MR. NINO: Yes, and the five stories. COMMISSIONER NELSON: And the five stories. _~ 4·. MR . NINO : Yea..u .. r. . ..... .. . ~: .. ~~ . COMMISSIONER NELSON: In other words, it does bother me that there's a lot of people that have bought into this particular development with the understanding that there was going to be a 35 foot building on that particular parcel, and now -- now they are faced with a seven story building, and it's not in the analysis, that particular problem. MS. STUDENT: That's not one of the criteria in the code, and " . ~ Page 36 ·--~--,.... IbG 1 July 17, 1997 a private matter between them -- I've got to tell you, the you've got to consider what's in legally, you can't consider it. It's and the developer, and to consider it case law is real strong on that, that tbe code. COMMISSIONER NELSON: Well, in the code, there's no real isn't anything about the commercial viability of that either, is there, and Mr. Nino made quite a point that that was one -- MS. STUDENT: Well, there are -- COHMISSIONER NELSON: -- of the considerations. MS. STUDENT: - - there are - - I think when you add them all up for PODs and regular rezones, there are 20 odd criteria, and I can't rema>ber all of them, but that's -- that may be a point, but whether there's a problem with what people's expectations were when they bought the property are not a cri teria in the code and cannot be considered by this board. MR. NINO: View is not a compatibility measure. Compatibility measures are land use. The compatibility measurement here is residential to residential. That's obviously compatible. The height has nothing to do with compatibility. The only time you're guaranteed a view is when you buy the oceanfront. COMMISSIONER OATES: Sometimes. In Chicago, that wasn't even necessarily true. They kept moving the beaches out. CHAIRMAN DA~S: Okay. Any other questions of staff? Close the public hearing. COM!aSSIONER OATES: Mr. Chairman, I move we subDit PUD-82-33(1) to the Board of County commissioners with a recommendation of approval subject to the redo of the orðin~~ce as shown. -"-COMMISSIONER p~: Second. CHAIRMAN DAVIS: Discwssion? All those in favor of the petition -- of the motion by Mr. Oates, seconded by Kr. pedone? All those opposed? COMMISSIONER NELSON: Opposed. CHAIRMAN DAVIS: Okay. It passes eight to one. petition PUD-97-4. COMMISSIONER OATES: Mr. Chairman, before we proceed, I'd like something that came to my mind earlier, and I forgot to ask. Whatever happened to the Assembly of God petition that we had before us that was across the street from the previous petition to this one -- CHAIRKAN DAVIS: Rattlesnake H~mmnck Road. COMMISSIONER OATES: Rattlesnake H~nwnnck? MR. MULHERE: Tbe -- you mean the camp? caoaSSICIŒR THCI{AS: No, the church property. COMMISSIONER OATES: No, it was the church. They were going to expand it considerably and put a school in and -- CQOtISSIONER PIWONE: They wanted the basketball courts and gyama.øium . C~SSIONER YORK: there They wanted a gymnasium and all that good Page 37 ----~ -:;'..:Æ~..¡rt.o"h~~ ^' , '1: ::..,...-. ~~....~:... -. '. t"r., 't, :'I'" ';'::. ~:-......: . .... ,;-;f .~io,' :~.,.I -r~r~~' "~ \tÎ:'~f.;.t-, ' , :."..~::J. . ...'i.~'\·tJ.'·· . ;"; .,~.:-.:.~ 'July 17, 1997 ", .~. ", ~ .~.~~ '~.~ .::~.: stuff. ~~";""':"-i ,..,t....7.:...:...· MR. MULHERE: To rsry knowledge, that was approved. COMMISSIONER YORK: It was approved? 4' ..;'.....:.;.'::;~ MR. MULHERE: To ray knowledge. ~"..,..~;1"1,~¡';J"i.''; COMMISSIONER OATES: Well, we bad disapproVed 'it, but I was wondering what happened to it. .:' ~'~ ..--:;.t"~""C"~r.,..' ~ ~TTU'C'C'C' W 11 I'll h k ,..... ~f··~""~¿·""~' fl,ß. nv~: e, c ec. '.. J.., I.."f·~~~~;.' COMMISSIO~ OATES: woul~ you m~nd7 -~'iJ~~¡:;., ' MR. MULHERE. Sure. .~;:~"_7''''''''1~~''...'~'''~~..''"''' ,. COMMISSIONER OATES: TbanXs. ~ .:;1. . . . "'1Þ~~,,:,~'., .u" ,- CHAIRMAN DAVIS: Okay. ,-.' .'. . .~~¡;:1"" ',' .. "¡.: , COMMISSIONER OATES: Sony for interruPtiñg.~~;..J(':' ,', , _.:~'~;;'. CHAIRMAN DAVIS: Oh, no problem.··..lJ':~~4itlt.·;.'··.:;;~·~' -, . '':'- '~~ì':; PUD-97-4, Marker Lake Villas. All those 'here today that are ......'-.'~:::: going to speak on this petition, pleas~. 8t~d," ;aise your right ~ . .~.;\- so the court reporter may swear you in,~,~..·~!.....·.. ;;t:'~. '.., . .;"~~":~",,,,,,~¥';.. (The speakers were sworn). '.:;' . 'Â::~l~t·,..~ ;".: ~~'.~.,,~'¡:'f~::<' CHAIRMAN DAVIS: Thank you:' Mr. Nino'.·..~....¿.,.·". ;"-. ç . ". . ~,..::;';:.:. . MR. NINO: Yes, Ron Nino, planning servicés: ~- '. .' , ,. '..;: " -." . COMMISSIONER OATES: Kr - Chairman. ~:"',.:·::~~~-'Z7:'"~ , ' _........ ....... ,rr-",.. CHAIRMAN DAVIS: 1'111 sorry. "...,,~:: l ...-;:.:-...-., COMMISSIONER OATES: As you and I are both Catholics, we just ." want to make sure the bishop is getting erióügh ÍÍIoney for the property,' right? .. ~..'¡~~~.¡Q-".' , - CHAIRMAN DAVIS: It'8 probably not within 'Our purview today, but a good point, I 8Uppose. ;.~;:~~:" .: Kr. Nino. .' .. .",,"" :,;..¡...",-.. . , MR. NINO: The petition before you WoUld have,you recoømending -- ' wo"\1rð have you con.sider the -- an action tò':rezorie þproperty now zoned " -A- rural agricultural to POD to facilitate a 36 unit "multifamily type of development, . ~t:~~~£~':~' '$, '-.'.. ...., Marker Lake i8 located on the 80Uth 8ide of the new vanderbilt Beach Road west of Airport Pulling. The property;is "opposite Pelican Marsh and is opposite, in part, part of the Pelican"Marsh activity center, but II10re importantly, I t.hink, the proPérty is 8urrounded on the west side and the east -- on the 80uth 8ide by ~i Emerald Lakes ':~ . development, and Emerald Lake8 is a develoPDëñt:.-in .. area of ..... ..:' '. basically two 8tory conventional type condominiüziíbüildings. To the ..: west __ east of this property, we have.m 'àgricultüial tract, änd, then ·it we have a PUD called La PontanA which i.-åWrõvëé:f'ii-a'·120 unit AI3 þ -:.:-:. facility. Thi8 i8 also in an activity center~~ëntu.ållY, the.. _.~.....' . . properties here will probably be zoned ·c~!ëµ1.:¡~;;"1"~~ ~~~~. This petition asks for 36 dwelling ~bI~Ç,[:'!8 36 units -:~_I .,.t;";'" mean three unit8 to the acre. That is exactly):he max.imum c1enaity .~....' allowed under the future land use element .~This 'lies within the bas. - density of three units per acre. So, therefor.,~~··property is . ~ consistent in terms of density with the tuture·la%Ïd use element. .' :~'. Staff analysi8 were consistent with~ër-:r.~~i~ èlements~ ·.....:·:·:~r·~ namely traffic, open space, conservation, utilities..... storm drainage, c.,;.... resulting in a conclusion on our part that th8 'PoD, '¿if approved, would ,.' . .:: .-~. ~:,,:: -~, ~.,. ...... """. . . ~ ¡. -.; -.,.,. ....i......~ . - - ;-s. . . . Page 38 ' .....JI. .. '-. -.. .. ,,;, 16G l~;~ ..,~., ,. ~ ...,. 1.",,/ .. :. . . ..- .,rl~...,J ')~. . :~ :/.;..t. ..... .. .">'': ..~I·. . ., ", .... - -., .. "}i' ..~ . ~._,. ~ : .. . ... " ":' 1 bb 11 July 17, 1997 be consistent with all applicable elements of the growth management plan. Certainly, if you look at this petition in terms of its compatibility, what we have here is somebody asking for two stories. The PUD is structured ~ith a maximum height of two stories. The development standards in the PUD are the same standards as we normally use in all other PUDs for this type of development. So, we have here two story buildings next to two story buildings on the east and on the west and on the south; both of them multifamily housing structures. Certainly, one can't argue that that's not compatible. As a matt~r of fact, and I think the presentation by the petitioner will reveal that in truth, they intend to build duplexes on all of these properties. So, the buildings will be much smaller in scale and in bulk than really its neighbor, but I'll leave that to Mr. Foley to enter into the record. We certainly think this is the most compatible project, a reasonable project. We recommend approval subject to -- as described in the PUD with one caveat. There are a few wrinklês that need to be worked out relative to punctuation marks and things of that nature that __ no. as a matter of fact, I take that back. Yes, that's true, but you don't have the most recent POD. I have the most recent PUD which has now met with Ms. Student's approval. MS. STUDENT: Yeah, it doesn't matter, and I might add that there have been lawsuits over the placement of commas. CHAIRMAN DAVIS: Any questions of Mr. Nino? Mr. Thomas. COMMISSIONER OATES: Let's make sure we are grammatically correct, riqht? -COMMISSIONER THOMAS: I'm looking at a site drawing of it. It looks like you've qot a circle road going around the whole property. MR. NINO: Exactly, with a buffer on the other side of the circle road. You'll also notice that on the four corners, the four corner tracts, those are all restricted to recreational amenities. COMMISSIONER THOMAS: So, only four tracts will be developed, and that MR. NINO: Correct. COMMISSIONER THOMAS: -- Tract L is the lake? MR. NINO: Correct. COMMISSIONER THOMAS: Okay. CHAIRMAN DAVIS: Mr. Foley. MR. FOLEY: Good morning. For the record, Blair Foley representing the petitioner. We don't have any disagreement with the presentation by county staff, and, in fact, it is correct, we have already submitted the necessary paperwork for a preliminary subdivision plat that will be coming before you, hopefully, within the next 30 days or so, and it represents a zero lot line configuration of a single story development here. The developer -- COMMISSIONER THOMAS: Single story? MR. FOLEY: It's a single story currently with a pitched roof. Page 39 - IbG 1 July 17, 1997 He's done similar projects throughout Naples. There's one called Lake __ North Shore Lake villas located by the cemetery that you approved sometime last year. It's been very successful He has used that same market niche. That's what he proposes to do here. However, when producing the POD document, we did write in some other criteria that's consistent with the neighborhood in case he had some other wishes. For instance, on the other development I just mentioned, he put his own house in that development. He's got all villas, and in the back, he had a single lot, and he's currently pulling a building permit at Collier County for his own residence. He may wish to do that here. So, we wanted to give him some flexibility in the document. COMMISSIONER BRUET: That's the project on Vanderbilt Beach Road? MR. FOL~{: That's correct. That's correct. I'll be happy to answer any questions. CHAIF~ DAVIS: Questions of the petitioner? MR. FOLEY: And I'd also like an opportunity to rebut in case there's some issue brought up by the public. CHAIRMAN DAVIS: Okay. No questions. MR. NINO: May-- CHAIRMAN DAVIS: Yes, Mr. Nino. MR. NINO: May I make a correction to the staff report? On Page 5 of the staff report, it refers to Vanderbilt Beach Road as a two lane facility. COMMISSIONER YORK: Four lane. MR. NINO: It would be a four lane facility. CHAIRMAN DAVIS: Speakers. Anyone that would like to speak, please come up to the podium and state your name for the record. - MR. SALTER: My name is Leon Salter, S-A-L-T-E-R. CHAIRMAN DAVLS: Can I interrupt you, Mr. Salter? Were you sworn in? MR. SALTER: Yes, I was. COMMISSIONER THOMAS: Yes. CHAIRMAN DAVIS: Okay. Thank you. MR. SALTER: I have a few questions here of the petitioner that were given to me by the president of our association. I'm representing her today. She couldn't make it. Number one, are the petitioners offering a rendering or a site plan of the proposed development, and is it conclusive as finalized development? COMMISSIONER OATES: They will at the proper time, and he said they have already submitted it, and we'll be hearing it later on. CHAIRMAN DAVLS: That will be under a separate petition. KR. SALTER: Tbe profile ident.ifies a feasibility of two .tory vill..-. Would you pI.... identify the po.ition or the attact.ent. ot. the proposed buildings? CHAIRMAN DAVIS: Once again, that will be part of the second petition to follow. COMMISSIONER THOMAS: And he has already indicated that he's only going to do single. He's going to do single family -- single story Page 40 ---.".'--..- 16G 1 July 17, 1997 buildings. MR. SALTER: At ûrl. time, but he says he's leaving it open, that they may change at a later date; is that correct? COMMISSIONER 'I'HOMAS: But that -- but they will be less dense in appearance than what'. .'~rounding the property right now. MR. NINO: In any event, not IIOre than two stories because that's the limitation vithin the PUD. MR. ShLT'ER: NO'" , I understand that there will be an internal lake in the developœent. COMMISSIONER THaiAS: Yes. MR. NINO: Yes. MR. SALTER: ADd how big vill it be, and what will the runoff and feeder be for it? COMMISSIONER THOMAS: Aren't they required to keep all water on their site? HR. NINO: Yes, they are. COMMISSIOtŒR THOHAS: I think that' a part of the water manaqemen t . MR. NINO: There's been a water management plan that'. been reviewed as part of the plan. The lake collects all the water, and as it exceeds -- at any time it exce~ the controlled elevation, it runa off into the drainaqe -- drainage system of Vanderbilt Beach R~ad. MR. SALTER: That's on Vanderbilt Beach Road, did you say? MR. tlINO: Yes. MR. SALTER: Tha t ' s the new e.xtens ion 1 HR. NINO: Correc t . MIl. SALTER: Thank you. Now, it also identifies - COMMISSIONER 'I'HOKAS: That's only for overflow. over a certain height. MR. SALTER: Yes, I understand that. The profile identifies a feasibility of tennis courts and a recreational pool area. Now. will such facilities be lighted, and will the owners of adjacent parcels be consulted so as to minimize the nuisance factors? CHAIRKAN DAVIS: Kr. Nino. HR. NINO: The recreational develop:DeDt will be allowed on four tracts within the project. Those tracts are -- MR. SALTER: Is that the northeast, northwest, southeast and southwest? MR. NINO: Yes, and there is soø. distance -- I mean. any recreational amenities there would be probably in the neighborhood of 300 feet away from the nearest residential structure on the west sideoand on the south side, and. you know, we don't have -- there's nothing in the PUD about limiting operations of recreational amenities to a certain hour. CHAIRMAN DAVIS: Is there any by county code? COMMISSIOtlER THOMAS: Sir-- MR. NINO: No, there isn't. COMMISSIONER 'niOMAS: -- sir, why don't you step up and pick up Page 41 IbG 1 July 17, 1997 this. MR. NINO: No, there isn't. However. there are noise -- of course. there are noise requirements. COMMISSIONER TH~~S~ When you go back to the thing. you'll see CHAIRMAN DA~S~ Fred. stop. One at a time. COMMISSIONER THOMAS: Sorry. MR. NINO: And normally we -- normally, these are not issues in PUDs. Normally, condominium documents have a habit of shutting down at ten o'clock and -- COMMISSIONER THOMAS: Sir. ..-hat I was trying to show you, do you see the four corners? The four corner parcels are the way the recreational amenitie9 are going to be. Those parcela will be buffered from the outside not only by the road, but also by the buffering on the outside. So, they will be significantly removed from any impact on the outside. MR. SALTER: 01cay. Any ligh~it"..g standards; the lights will be facing in t~4ard the recreational -- MR. NrNO: Yes. it's a requirement of the ordinance. ¥oR. SALTEP.: They will be shielded against the -- COMMISSIOtŒR THOKAS: They r"!qUire it. MR. SALTER: -- south -- thank you. CHAIRMAN DAVIS: Thank you, giro COMMISSIONER THOMAS: You can keep that. CHAIRMAN DAVIS: Next speaker. Oh. I'm sorry. MR. SALTER: If the petitioner deviates from the proposed profile and their commí~ts of this hearing, will notice be obligatory to the ~djacent parcels? MR. NINO: Well, they won't -- they will be cited for code violation if they do. MR. SALTER: Now. th~re's one other point here. Our association was concerned that notice of the hearing was not forwarded to our current property manager -- we've had him retained for over a period of two years -- despite the fact that he complies with state registration annually. Can you see that in the future. he will be notified on it? CHAIRMAN DA~S: Your property manager? MR. SALTER: Yeah. CHAIRMAN DA~S: In our -- in our code, we have requirements for notification of contiguous property owners -- MR. SALTER: Yeah. CHAIRMAN DAVLS: -- which I'~ sure was followed in this case. MR. SALTER: Yeah, the property owners received notice but the property management -- CHAIRMAN DA~S: No, sir. MR. SALTER: It's not in the code? CHAIRMAN DAVIS: No. sir. MR. SALTER: Thank you. I have no further questions; just await some answers. Page 42 ----------- 1 bG 1 July 11, 1997 CHAIRMAN DAVIS: Thank you, and I'm sure that if you see Mr. Nino after the meeting, that there'. some additional information that's in process right now that is a matter of public record and can be provided to you that may answer a lot of your questions and possibly some questions you haven't thought of yet. rlext speaker. MS. DA'M'OLO: My naae is Clara Dattolo. I have two condos in Emerald Lake., And the only question I have is, were'. the entrance going to be on this proposed d~~elopment? HR. NINO: Right -- right in the -- right in the middle of the area outlin~ in red. So, it would be 330, About 400 feet from -- if you have a condo to the west, it would be about 400 teet away. MS. DATTOLO: Acd hew far south is the development ending? MR. NINO: It endß at Tennis Cour~ Lane. MS. DA'M'OLO: Okay. That's all I have. CHAIRMAN DAVIS: Thank. you. Additional speakers? Anyone else who would like to speak on this petition? Do you have ~hinq to add, Hr. Foley, in closing? MR. FOLEY: The ~ly thing r have in closir~ is the provide additional infc~tion to any of these people if see me after the meeting. detdils on the d~elopment and that's coming in. It'. going to be a plat. What we are it's going to be a single family neighborhood. CHAIRMAN DAV!S: Okay. I'm sure they would appreciate that. Mr. Thomas. COMMISSIONER THOKAS: hearing. - CHAIRMAN DAVIS: Oh. COMMISSIONER THOMAS: approval PUD-97-4. COMMISSIONER BRUET: Second. CHAIRMAN DAVIS: Motion by Mr. Thomas to recommend approval; seconded by Mr. Bruet. Discussion? All those in favor, signify by saying aye. Opposed? It carries unanimously. PUD-97-8, Cypress Woods Golf. Country Club. I'd ask all COMMISSIONER THOHAS: Wait a minute, wait a minute. What about 97-5? CHAIRMAN DAVIS: I'm sorry. Did I miss one? COMMISSIONER THOMAS: Yes. CHAIRMAN DAVIS: Sorry about that. I'm wanting to get to the rec -- I can they wish to the PSP proposing, I'm waiting for you to close the public Close the public hearing. I IMke a motion that we recommend for end. PUD-97-S. Zurich Lake Villas PUD. I'd ask all those present here today that are going to speak on this petition to please ~tand and raise your right hand so the court reporter may swear you in. (The speakers were sworn). CHAI~¡ DAVIS: In the way of disclosures, I had a brief meeting with Mr. Hoover and Mr. pires yesterday. Page 43 ---'-.. 16G 1 July 17, 1997 COMMISSIONER OATES: Mr. Chairman, I have a question. The owners, to me, is very confusing, and I couldn't find anything where it straightens it out. It's Smiths, Sykes, slash, Bloom, comma, Rynders, slash, Hoover. Are they all equal or what is the -- MR. BELLOWS: Excuse me? CHAI~~ DAVIS: There's some question as to ownership. COMMISSIO~~R OATES: Ownership: it says, Smiths, co~~a, Syk7s,. slash, Bloom, comma, Rynder, slash, Hoover, and I don't know -- ~s ~t a partnership or -- MR. BELLOWS: In the application I believe you have, is a listing of the property owners. COMMISSIONER OATES: It's the same thing, Smiths, comma MR. HOOVER: Do you WëL"'lt me to address that? CHAI~~ DAVIS: Maybe Mr. Hoover, as the petitioner, you can address the ownership for us. MR. HOOVER: For the record, Bill Hoover representing the petitioners. Mr. and Mrs. James Smith, they live out on Golden Gate Boulevard, own this four acre parcel from approximately here. This ten acre parcel is owned by David Rynders and myself, and the -- there's a ten acre parcel here and a twenty acre parcel here that Owen Ward is representing them here today. The property is owned by about ten gentlemen throughout Florida and North Carolina, and they have a trustee named wayne Sykes in North Carolina, and there's an attorney named Kenneth Bloom in Miami that's the other trustee. So, all of the property owners have went together over the last couple of years to put this rezoning together. CHAIro~ DAVIS: So, we have a potpourri of owners here. Okay. - - Mr. Bellows. MR. BELLOWS: For the record, Ray Bellows presenting Petition PUD-97-5, Zurich Lake Villas PUD. Bill Hoover is requesting a change from the agricultural zoning district to the planned unit development district for property located on the east side of 1-15 and opposite 18th Avenue Northwest. The proposed Zurich Lake Villas PUD proposes to construct 294 condominium units with accessory, recreational amenities, lakes and other open space on a total of 44.36 acres. As you can see, the property is zoned agricultural. It's adjacent to Interstate 75. It's south of agricultural lands. There's an 18 acre lake to the north. To the east, there's a church. To the south is vacant agricultural land and a snake farm conditional use. There's a canal here along the eastern side of the PUD and estates zoned lands further east. CHAIRMAN DAVIS: A snake farm conditional use. MR. BELLOWS: It was a few years ago. CHAIRMAN DAVIS: We remember it well. MR. BELLOWS: The project lands are located within the urban mixed use designation areas of the future land use map. The project density of 6.63 dwelling units p~r acre is consistent with the density rating system. As you can see, the base density is four in this area. Because it's in an activity center density band, it's eligible to Page 44 .. ..."_...._.---_.-~---- .,------~..- IbG 1 July 11, 1997 receive three additional dwelling units per acre for a maximum permitted density of seven. The intent behind providing density bonuses is to encourage development of these parcels and to take advantage of existing public facilities in the area and discourage urban sprawl. The traffic review indicates that the project will generate approximately 1,413 weekday trips. This will exceed the significance test on Oaks Boulevard. However, Oaks Boulevard is projected to operate at acceptable levels at level service "C": and is projected to continue to operate at the build-out at an accepted level of service. Oaks Boulevard, as you can see on the zoning map, serves as a minor collector road providing traffic from Vanderbilt Beach Road extension all the way up to Immokalee Road. The traffic counts on Immokalee Road to the north is 16,223 trips and is operating at level service "B". The proposed master plan limits the location of units to the internal portions of the site and is surrounded by preserve areas. The proposed preserve area will encompass 11 acres and is located around the perimeter of the PUD to buffer properties to the east. These buffers include additional natural habitat areas so that nearby -- the entire site is bordered by retained vegetation. As you can see, the preserve areas basically border the entire PUD boundary lines together with the 60 foot wide canal. Any structures that will be built will effectively have a setback of over 150 feet from estate zoned properties. There are also architectural standards provided by the applicant which limits the structures to two stories, and they have a common architectural theme. Therefore, it's staff's determination that there shou~dn't be a compatibility problem with this project. In addition, a multifamily condominium project is generally more compatible with adjacent interstate highway due to the level of noise generated by that roadway. Staff also analyzed the compatibility of the project based on site generated trips. Even though the roadway is projected to operate at an acceptable level of service, staff had some concerns that due to the nature of Oaks Boulevard primarily serving estate zoned properties, that the projected trips would seem like a significant impact that would be -- that would de -- that would lower the level of service. MR. YORK: That's easy for you to say. MR. BELLOWS: So, we looked at several different scenarios of density, and one was at 4.6 dwelling units per acre. That would result in about 204 units on the site. It would generate 968 trips. That would not exceed the significance test on Oaks Boulevard, but perceptually, it may not -- it does nothing to the level of service. We would only typically lower the density in this case if Oaks Boulevard was operating below its adopted level of service. Then we would recommend phasing it to this 4.6 units per acre, but since the roadway is operating at acceptable level of service and the petitioner has indicated that the marketability of the units at such a low Page 45 lóG 11 July 17, 1997 density would make it very difficult to develop given the proximity to I-75. So, given these development constraints and that Oaks Boulevard is operating at level of service and the staff's desire to see some reduction in trips, we are suggesting that six units per acre is reasonable. It will result in about 300 less trips per day than the proposed project. Therefore, staff is making that one of their recommendations for approval. I'd like to point out, I have not received any letters for or against this petition. Therefore, staff is recommending that the Collier County Planning Commission approve petition PUD-97-S subject to limiting the density to six units per acre and the conditions that have been incorporated into the PUD document. I'll be happy to answer any questions. CHAIRMAN DAVIS: Okay. Thank you. Is there anyone here present today to speak against this petition? Please come forward. MS. HOOPER: Doesn't the petitioner corne first? CHAI~~ DAVIS: I just -- I'd like -- I wanted to find out if there were any concerns, which I'm sure then they can address. MS. HOOPER: My name is Barbara Hooper. I live at 1705 Oaks Boulevard. Mr. Bellows neglected to mention that -- he did mention the church which is there. There are also, at this point, three residences that are bordering or on the other side of the canal. That property -- my next door neighbor did not receive a letter, and when I went over to talk to her about it, she had no knowledge of the letter. The other neighbor to the north of them, I didn't get a chance to talk to. The neighbor north of the church did receive a letter. I'm corning at this from the point of a stay at home mom property owner. We purchased on Oaks Boulevard about ten years ago with the understanding that it was zoned agricultural. Since that time, the church was allowed to go in and the snake farm, which although many of you remember it and chuckled, I really didn't have a problem with the snake farm. It's very close to my property. It's a couple. It is zoned agricultural. Snake farming is agricultural. They are trying to make a living. Oaks Boulevard, the traffic, in the last year or two, I, myself, have witnessed two accidents. I don't have the exact figure, but three children have been hit by cars while waiting for the school bus. I, myself, was late coming this morning because I could not get out of Oaks Boulevard onto Vanderbilt Beach Road extension at approximately ten of eight this morning. I also left my notes at home, so if you'd just bear with me for a minute. CHAIRMAN DAVIS: Take your time. MS. HOOPER: I'm very concerned about our quality of life. I've heard a lot of talk here about views. I'm not as concerned about seeing this project as I am the traffic that will be generated and the Page 46 --..-.-> '--'-"-'~ 16G 1 July 17, 1997 problems from 297 units, and some of the quick calculations we thought of at home were 297 units, two cars per unit, that's 600 cars. I'm sure you've all figured this out. Imagine if 10 percent of them go to work at -- or half of them go to work at nine, what kind of traffic is that going to put on Oaks Boulevard if 10 percent of them has one child in school, that's 30 people waiting -- 30 children waiting for the school bus at the end of 18th, and that is where I saw one of the accidents -- I did not see the accident occur, but I was right there before the ambulance arrived when the child was hit. I, myself, have called and requested two speed studies which were done. Cars were -- I'm not sure of the correct terminology, but they were clocked at 100 miles per hour. The average rate of speed on the road is 55 miles per hour, and I really -- Oaks Boulevard is a divided community at this point, if you want to call it a community. We are not gated. It's a part of Golden Gate Estates as I understand it, but it's separate from what you normally think of on the other side of 951 off Santa Barbara. At this point, half -- the southern half of Oaks Boulevard, the children go to school at the Vineyards, and the northern half go to Laurel Oaks; not a big concern but something to think about for quality of life, and when you live somewhere and you work hard for your property and you buy with the intention -- with the thought that it's going to be two and a half acre parcels, an acre and a quarter parcels and then someone comes in from North Carolina to Florida, a group of people wanting to develop the area, and the bottom line here is money. I mean, could 40 homes be put in there, 40 nice homes, and maybe someone would make a little less money, but the quality of life, I'm sure, would be much greater, and then we talk about water delivery. The ~ater out there is lousy. Culligan delivers water. I mean, how many people are going to receive water; 297 units? How many people are going to get TVs? How many people's, you know, dishwashers are going to break down? I mean, these are real things that are going to happen. I've heard that Oaks Boulevard is not slated to be four 1aned. At this point -- you know, I was thankful for the light at Immokalee. I mean, there's many times with those big trucks from -- you took your life in your hands trying to get out on Immokalee Road. I'm waiting for the light now at vanderbilt as much as I don't want to see it, but I think we just need to say no. We need to draw the line. How much development do you allow? You know, my son is almost seven years old, and his departing words to me this morning was, mommy, I hope you win your meeting. He wants a pony, and quite -- we are zoned for a pony. We are zoned for roosters and cows and, you know, we plan on clearing our land and putting up -- you know, so we can have a pony, and now, you know -- we don't want to clear our land so we have to see clear across to, you know, 297 units, and from what I understand, they are not upper range units, and I'm not sure if I misunderstood Mr. Bellows, but I thought he said it was going to be difficult to develop. I mean, who does want to live right next to the highway, you Page 47 -_.--~-_. 16G l' July 17, 1997 know? It's not prime land. I'd rather see, you know, a business back there. Quite frankly, if you're going to rezone it, rezone it into, you know -- some other people want to make a living. It's just ridiculous to me. I'm really, as you can see, quite emotional about this, but it makes no sense to me, and I heard someone talk about bishops, and all I can think of is a whitewash replica. Sure, it looks nice on the outside, but what's going to happen on the inside, and what if it fails? Don't unit developments fail? I see the signs all the time. It's supposed to be this lovely place, and you know, nothing gets built, and two years later, someone else is taking it over. What if this -- you know, what if this fails? So, I've got a failed planned unit development behind my house next to the highway. I've lived in Miami. I've lived in Boston. I've lived outside of Los Angeles. I've lived outside of a lot of large cities, and I thought this morning, I lived in Miami 20 years ago when I got out of high school, and I lived in a little place called Papendorse (phonetic ) Haven, and what it was was this little -- I didn't understand it until this morning how important it was. It was a little green space next to the highway and next to industrial waste management and next to -- you know, like J & C Boulevard type buildings, but this man didn't sellout. He retained his little, you know, 100 year old trees. It was a terrible place to live, but it just came to my mind this morning, you know, he didn't sellout. You know, he kept that, and it was green, and people lived there, and it wasn't great, and all around it were these other places, and that's what's happening to Oaks Boulevard. CHAIRMAN DAVIS: Ma'am, a lot of -- . -MS. HOOPER: I just wish you would reconsider. CHAIRMAN DAVIS: If you could excuse me. A lot of -- I can certainly identify with a lot of what you're saying, but you have to bear in mind, we have a petition before us today, and we have to evaluate it as it relates to our land development code, as you do with what you're allowed to do with your property, and that's all we are here for today. So, I'd ask you to finish up by staying with the specifics of what we are required to consider. MS. HOOPER: These are specific to me. I'm at my home most of the day every day of the week. I'm a homemaker. This is my job, and it's going to directly affect me. I'm not out at work, you know, eight hours a day and I come home and take a shower and go to bed so it doesn't really matter. It's not just a place to live. This is important to me, and yes, they have a right probably to develop it, but also, why have zoning if you are going to change it? You know, why have agricultural zoning if you're going to change it? I'm not a lawyer. I'm not articulate, you know, but I'm here before you saying that I don't think it's all the way it seems. You can use nice jargon and nice words and make it sound great, but I think there's more to it than that. CHAIRMAN DAVIS: Thank you. MR. BELLOWS: I'd just like to point out the PUD document does Page 48 16G 1 July 17, 1997 provide for turn lane improvements on Oaks Boulevard and for turning west onto 18th Avenue Northwest, and the transportation department also has put in some language that if during the time of construction traffic, there proves to be some operational difficulties that could create a hazard, that those turn lane improvements will be done first prior to the issuance of any certificates of occupancy for the project. So -- they had a chance to -- they have the ability to apply for seven units per acre. It's staff's opinion that six units would be more compatible due to the nature of the location, but Oaks Boulevard does serve as a minor collector road in this area and can handle this traffic. That's why we haven't -- we looked at MS. HOOPER: On paper, yes. MR. BELLOWS: -- looking at five units per acre and four, but the roadway can handle the project traffic. MS. HOOPER: Are we talking about the construction of the roadway, you know, can handle the heavy cars going across it? Well, that's -- to me, that's not even a consideration, you know. Anybody can build a good road. CHAIRMAN DAVIS: Thank you. MS. HOOPER: Thank you. CHAIRMAN DAVIS: Petitioner. MR. HOOVER: For the record, Bill Hoover of Hoover Planning representing the petitioners. We thought we were actually coming in with about as good a project as we possibly could based on the particulars to the property. To the west of I-75 right-of-way, it's like four to 500 feet wide there, and to the north -- we show the PUDs in white boundaries up there. They are commercial, and the residential ones are shown in black, and as a professional land planner in talking to a couple real ~state brokers, I think we feel that the property between the canal and I-75 is likely going to be developed for medium density condominiums. This is because all the properties are in the residential density band which allows seven units an acre. The lake that's directly to the north of us is 18 acres in size, and the units that they'll get for the density credits on that lake will likely be transferred to the east which will actually maybe make that one high density multi-family. So, we would be abutting high density multi-family to the northeast, and it's going to be easier to market multifamily units here rather than single family because of the commercial ~JDs up there. Two of those have storage type uses on the southerly parts of the PUDs, but I think what we did most of all to take care of the estates neighborhood to the east -- you can see the green area to the east, and part of -- the darker green in here represents an area that our environmentalist feels would be considered wetland areas. So, instead of developing up in this area, we're trying to mitigate __ taking part of this out and mitigating it elsewhere. We've pledged a preserve area here with 150 foot setback from our eastern property boundary. Page 49 ~-,----------_._- -.- -_. -- ._.....__.__..~~--_._~-,--+ - 16G 1 July 17, 1997 Additionally, we have a little wetlands on the northwest corner of the site along 75. We've shown another green preserve area there, and we are also pledging a berm, a berm fence or berm wall combination along 75. That's going to -- I bicycle, quite frankly, on Oaks Boulevard because we've got the nice six foot sidewalk there now, and you can hear the roar of the semis and the cars serve a loud hum with today's traffic, and that's like seven o'clock in the evening. So, I think the berm that we are pledging along there will drop the noise for our residents as well as the residents to the east. As far as what we pledged here, I think we can say that it's going to be at least a moderately upscale project. We've limited all the buildings to two stories. The -- any multifamily building would have to, at least, have a carport or a garage, and as you go up to single family homes, they would have to have a minimum of 1,600 square feet in size plus at least a two car garage. We've got architectural standards in the PUD document that even shows that we have some architecturally designed lighting. We have a high quality sign that's shown in the PUD document also, and all the -- except for single family buildings, we are stating that the buildings would be required to be finished in light subdued colors with tile or metal roofs. So, I think that lends support that if you're abutting the property maybe to the north of us, I think you have probably a higher risk of what's going in there than what we are doing. So, I think we are taking away the risk that this is going to be a moderate or low quality project. CHAIRMAN DAVIS: Any questions of the petitioner? Anyone else that wants to speak on the petition? - -Seeing none, I'll close the public hearing. COMMISSIONER BRUET: Mr. Chairman, I recommend we approve PUD-97-5 as recommended by staff. COMMISSIONER YORK: That's with the six units? COMMISSIONER BRUET: With the six units per acre. CHAIRMAN DAVIS: The lower density? COMMISSIONER BRUET: Yes. COMMISSIONER OATES: Second. CHAIRMAN DAVIS: Motion by Mr. Bruet: seconded by Mr. Oates. Is there discussion on the motion? All those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN DAVIS: Carries unanimously. PUD-97-8, Cypress -- COMMISSIONER OATES: also. CHAIRMAN DAVIS: Shoot. COMMISSIONER OATES: It has to do with the ownership. that we have an ownership of a trustee, and I don't believe any -- I couldn't find anything. Who are the beneficiaries trustee -- trust, I mean? Mr. Chairman, I have a question on this one Page 50 It appears we have of the 16G 1 July 17, 1997 COMMISSIONER YORK: Mr. Chairman, it appears that Northbrooke Development is going to be buying this from the land trust, and they have fully disclosed who they are. CHAIRMAN DAVIS: Northbrooke Development, that is. COMMISSIONER OATES: Yeah, but we don't know who the beneficiaries of the trust -- COMMISSIONER YORK: They are not petitioning. COMMISSIONER OATES: Well, they're the owners. MR. NINO: Mr. Cooper is going to submit a list of the trustees beneficiaries of the trust. CHAIRMAN DAVIS: Okay. Mr. Nino. I would ask all those present here today that are going to speak on this petition, which should be kind of like everyone left in the room, to stand, raise your right hand. COMMISSIONER YORK: Right hand, Frank. CHAIRMAN DAVIS: Ex-banker -- so that the -- COMMISSIONER YORK: That's why he's not a banker. CHAIRMAN DAVIS: -- court reporter may swear you in. (The speakers were sworn). CHAIRMAN DAVIS: Thank you. Mr. Nino. MR. NINO: Yes, Ron Nino, planning services, for the record. This petition asks you to support rezoning of land that's now currently zoned agricultural to PUD to facilitate a project not to exceed 799 dwelling units, an 18 hole golf course and supporting recreational amenities. The property is located between a current development known as Huntington Lakes which is under development primarily on the south half-at the current time. Plans have been approved for the north half. This is totally a multifamily product so that, you know, the south half of this project is abutting a current multifamily project development. To the north, the northern part of the proposed Cypress Lakes is adjacent to Quail Creek which is a single family golf course community, and to the north, it's adjacent to Quail West, single family housing and, of course, to the west is adjacent to the freeway. I might point out to the south is an undeveloped POD which is -- for commercial purposes. It's in the activity center called the Northbrooke Plaza PUD. This project has the advantage of being partially within an activity band which authorizes the density of seven dwelling units per acre for a major portion of this PUD. We estimate that under the current future land use density, density provisions, this property could qualify for approximately 1,370 dwelling units. They are asking for 799 for a density of 2.83 per acre. That is consistent with the future land use element by a wide degree. You will recall that we started to talk about problems emerging with Immokalee Road in terms of the timing of its widening and the conditions that it is now experiencing and shortly will experience, advise the staff and the petitioner, as their own traffic impact analysis reveals, that the project needs to be phased in order to be Page 51 .----- 16G 1 July 17, 1997 consister.t with the traffic circulation element that says you don't exceed a road to a greater than 5 percent of level service ~C~. However, like in the Pelican Strand PUD with respect to that question, while we acknowledge -- while we recommend project phasing, we, nevertheless, provide a statement that was introduced when we dealt with the Pelican Strand situation before the board that said, in the real world, if Immokalee Road is not operating at a deficient level of service, the phasing schedule will have no meaning. I mean, we won't stop building permits or we won't stop building permits until the road is operating at less than the level of service ~D~. That allowance was extenáed by the board to Pelican Strand, and therefore, in our opinion, sets the precedent, and we only acknowledge that these folks should enjoy the same right. So, with the phasing schedule, however, the project is consistent with the traffic circulation element, and by virtue of its open space and natural features preservation, availability of sewer and water, its water management system, the project in all respects to those elements that are applicable to the growth management plan, we find the project consistent. Now with respect to the issue of the master plan, development stanåards, compatibility and particularly the issue of compatibility, the most sensitive part, obviously, of this development is adjacent to Quail West and Quail Creek where you have an extremely upscale single family housing environment. On the north part of this project, the development will be limited to single family. So, we will have single family against single family on the northern part, and I'm sure Mr. Hoover is going to address that specifically. On the east side, you'll note -- you'll note next to Quail Creek, we have a multifamily product. Staff has recommended that the PUD be amended, and we don't have the amended PUD document. We only sent you the latest copy, but our recommendation. as you'll note in our staff report, is that no building in excess of three -- two stories in height be located within 300 feet of Quail Creek, and we think that with -- you know, with that distance -- with the distance that is inherent there by virtue of -- as the staff report points out -- there's an illustration in the staff report that shows you when Quail Creek was platted, Quail Creek was platted so that there was a meandering strip of land that included the road and a buffer strip. There's probably a buffering strip now on the west side of Quail Creek that averages from 30 to 50 feet in places exclusive of the road. You take that and you take the road and you take the setback and you take their buffer strip and you take their road and their setback, we estimate that a two story building would be at least 300 to 400 feet from houses in Quail Creek. We think under that scenario, one cannot argue that there is a serious incompatibility issue there. Timing, hey, this is an island of agricultural land in the middle of a sea of urban development. Sewer and water is available. That certainly suggests that -- a major criteria that the planners often use is the issue of timing. It certainly meets that issue. It meets Page 52 ~-,_·_-_...,_____v 16G 1 July 17, 1997 the compatibility issue. It's consistent with the growth management plan. We recommend approval with the conditions that we spelled out. There are some development standards that we pointed out need to be changed and the 300 foot spacing requirement, and we recommend your approval with the inclusion of all of our recommendations for changes to the PUD. COMMISSIONER OATES: Mr. Chairman, I have a question. Where is the -- on your map, Ron, where is the road that Quail West put in to get to their property? MR. NINO: It's this road here. It's Northbrooke. COMMISSIONER OATES: So, it goes through the middle of the property. MR. NINO: Actually, it goes like this; right, yeah. CHAIRMAN DAVIS: So, that's the southern entrance to Quail West? MR. NINO: Yeah, right, and that's a county road now. COMMISSIONER OATES: Oh, that is. MR. NINO: It's a county road. COMMISSIONER BRUET: It's all built. That's complete. MR. NINO: It's a county road. We own it, right, Ed? COMMISSIO~~ OATES: I thought it was just built by -- in order to get into Quail West. I didn't know it was kept -_ MR. NINO: Well, he built it before us. COMMISSIONER OATES: I didn't know MR. KANT: For the record, my name is Edward Kant, K-A-N-T, transportation services. The road that we are calling Northbrooke Drive, which starts down at Immokalee Road and then heads north and it has an S curve in it and ends up at a gated entrance to Quail West. That road was built by the developer of Quail West about -- almost three years ago now. That has been the subject of a development contribution agreement between the developer and the county for which you received road impact fee credits because that particular roadway segment appears on the 20/20 long-range plan. So, that is a county road. It was built to collector standards. It's presently a two lane road. It's within a 100 foot right-of-way. It can be expanded to four lanes. However, since that road was built, the long-range plan was amended, and it shows that that road will not go as a through road. Originally, it was to hook up with a piece of right-of-way which the Quail West folks had platted. There's approximately 75 feet of right-of-way that was platted as part of the Quail West plat, but -- that was eventually going on up and hook up to Bonita Beach Road, but because of incompatibilities with the Lee County transportation planning process, that is probably never going to occur. So, our plan was amended, and that road stops at the entrance to Quail Creek -- I'm sorry -- to Quail West, but it is a county road. During our discussions with the applicant, we've indicated that as far as we are concerned, the access management provisions, requirements for driveway permits, that type of thing will still hold. If the developer wishes to, at some point, turn it into some kind of a Page 53 ,-~--,... --------- ~~ 16G 1 July 17, 1997 private road, he certainly has the freedom to make that petition. CHAIRMAN DAVIS: Mr. Kant, there were impact fee credits to build that road. MR. KANT: I would assume that if there was ever going to be a wish upon the part of this developer or some other entity to request vacation of that road, that the return of that money would be part of the subject of that, but that is probably not germane to this discussion at this point. As far as we are concerned, it's a county road. The developer is understanding that, and he shows -- it's been treated as a county road. CHAIRMAN DAVIS: And I agree with its appliCability. The way you described it, it kind of sounds like a lemon to me. MR. KANT: That was -- at the time the road was built, one of the then commissioners questioned the likelihood of that ever being connected up, but in the long-range, the board approved the developer contribution agreement, and staff has just carried out the board's intent. CHAIRMAN DAVIS: There you go. Any questions of staff? We can see by the public outcry from Quail Creek here today that they have great concerns about your project. Mr. Cooper. MR. COOPER: For the record, Frank Cooper with Bonita Grand Hotel Corp. which is a general partner of Northbrooke Development Limited. I can make this quick. Do you just want to vote or do you want to discuss it? COMMISSIONER OATES: COMMISSIONER BRUET: st"af!' 's -- MR. COOPER: If you have some questions anything to say unless you have questions. COMMISSIONER BRUET: You do agree with all staff recommendations? MR. COOPER: One thing we just did notice on the Quail Creek issue with the 300 feet, I think there we are talking more of a setback from the houses. Is it supposed to be fram the property line you were thinking or from the houses? MR. NINO: Three hundred feet from your east property line. MR. COOPER: That's fine. We actually had planned -- those are two story buildings, so that doesn't matter. COMMISSIONER BRUET: You will comply with that; 300 feet from the Quail Creek boundary or property line in this case? MR. COOPER: For a three story building. You see, I can do two story with the way it's written now. COMMISSIONER BRUET: That's correct; no three __ MR. COOPER: And that's -- just to give you a quick update, this thing has already been submitted to the county on the POD process -- I mean, SDP process. It's all being simultaneously approved, so no, everything that Ron has done here is already within the plan, and the plan you see up there, the current one is the plan that we are proposing to build even though it is not the plan that's part of the Yes. The longer you talk, the worse -- Excuse me, though, he does agree with all of I really don't have Page 54 --.--.--- 16G 1 . July 17, 1997 PUD document, just for whatever reasons, you know, market change, you have to revise things. Now, let me point out one thing with that 300 feet so you're all clear. That's the 300 feet, this area here. This bounds up to Huntington Lakes, so this can still be three stories if we want to change it. Right now, this is two story, but the area that we are talking about would be this with the 300 feet. Quail West property line -- Quail Creek property line is right here, ends here. COMMISSIONER OATES: That's what we meant. COMMISSIONER BRUET: Thank you. CHAIRMAN DAVIS: And staff is in agreement, so -- all right. Any other questions of the petitioner? Anyone else here today to speak on this petition? Seeing none, I'll close the public hearing. Motion. COMMISSIONER YORK: Mr. Chairman, I move that we forward PUD-97-8 to the Board of County Commissioners with the recommendation for approval. COMMISSIONER WRAGE: Second. CHAIRMAN DAVIS: Motion by Mr. York for recommendation of approval; seconded by Mr. Wrage. Any discussion on the motion? All those in favor, signify by saying aye. Opposed? (No response). CHAIRMAN DAVIS: That carries unanimously. COMMISSIONER WRAGE: Just one comment, I live in that area, and I've never heard it referred to as a sea. CHAIRMAN DAVIS: A sea of agriculturally zoned land. COMMISSIONER WRAGE: I'm not sure what that -- -MR. NINO: Sea of urban land. CHAIRMAN DAVIS: We are adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:26 a.m. COLLIER COUNTY PLANNING COMMISSION MIKE DAVIS, CHAIRPERSON TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Dawn Breehne Page 5S 16li 1 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, SEPTEMBER 4, 1997 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER. 3301 T AMlAMI TRAIL EAST, EAST NAPLES, FLORIDA: NOTE: AA'Y PERSON WHO DECIDED TO APPEAL A DECISION OF TIllS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF TIlE PROCEEDINGS IS MADE, WillCH RECORD INCLUDES TIlE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MA TERlAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. I. ROLL CALL BY CLERK 2, ADDENDA TO THE AGENDA 3. APPROV AL OF MINlITES: August 7, 1997 Misc. Corres: 4, PLANNING COMMISSION ABSENCES: Date: ,5, BCC REPORT Item" 6. CHAIRMAN'S REPORT Copies To: 7. ADVERTISED PUBLIC HEARINGS: Norris Hancock Constantine "ac'Kie Berr'J A. B. c. Petition No,BD-97-15. Jerry Neal of Turrell & Associates, Inc., representing Dela Park South. Inc., requesting a 45 foot boat dock extcn5ion from the required 20 feet to aJlow a boat dock facility with 16 slips and lifts protruding 65 feet into the waterway for property located at 1020 Collier Boulevard South. further described as Lot 3, Block 587, Marco Beach Unit 21. (Coordinator: Chahnm Badamtchian) Petition No, BD-97-17, Miles L. Scofield representing David M. Lance, requesting a 26 foot boat dock extension to allow for a 46 foot boat dock and boat lift facility for property located at 262 - 6*' Street, further described as Lot 19, Block E, Little Hickory Shores, Unit 2. (Coordinator: Ross Gochcnaur) Petition No, BD-97-18, Miles L. Scofield, representing Saverio Maggio, requesting approval to construct a boathouse over an existing boat dock and boat lift for property located at 350 Germain Avenue, further described as Lot 10, Block P, Conners Vanderbilt Beach Estates, Unit 2. (Coordinator: Susan Murray) (Continued to the meeting of 10/2/97) V / 1/ 1 ......_~-_... 16G 1· D. Petition No. PUD-89-14(1), Robert L. Duane, of Hole, Montes & Associates representing Fred Pauley, Trustee, requesting a rezone from PUD to PUD, for the PlanDed Unit Development Icnown as Brcezewood by amending the PUD as required by Section 2.7.3.4 of the Land Development Code for property located in the southwest comer of the lmmokalee Road (C.R. 846) and 1-75 Interchange Activity Center, in Section 3D, Township 48 South. Range 26 East. consisting of 7.4 acres. (Coordinator: Fred Rcischl) E. Pctirion No. CU-97-15, Seventh Day Adventist Church requesting Conditional Use "2" of the '"RSF- 1" zoning district for a church and related u~es for property located at 17 Caribbean Road. further described as Lot 2, Bloclc A, Pine Ridge in Section 10, Township 49 South, Range 25 East. Collier County, Florida, consisting of 1.35 acres. (Coordinator: Fred Reischl) F. Petition No. PSP-97-4, Blair A, Foley, P.E., of Coastal Engineering Consultants, Inc., n:presenting Eugene Thrushman, requesting Preliminary Subdivision Plat approval for Marker Lake Villas. located on the south side of Vanderbilt Beach Road Extension. approximately Yo mile west of Airport-Pulling Road North., in Section 2, Township 49 South, Range 25 East. consisting of 12.06 acres. (Companion to PUD-97-4) (Coordinator. Ron Nino) G, Petition No. PSP-97-7, Geoffuy G. Purse, of Purse Associates, Inc., representing Northbrooke Development. Ltd., requesting Preliminary Subdivision Plat approval for "Cypress Woods Golf &: Country Club" located along Northbrooke Drive. in Section 18, Township 48 South. Range 26 East. consimng of 14.5 acres, more or less. (Coordin.1.tor: Ron Nino) H. Petition No. PUD-95-10(1), Dwight Nadeau of MeAnly Engineering & Design. Inc., representing U.s. Home Corporation for a rezone from "PUD" to "PUD" Planned Unit Development having the effect of adding fift~ (IS) acres and an increase in authorized housing units of forty-eight (48) dwelling units to the Naples Heritage Golf and Country Club PUD, located south of Davis BouJevard (S.R. 84) and west of S.R. 951 in Sections 3, 4, 9 and 10, Township 50 South. Range 26 East. Collier County, Florida, consisting of 573 acres, more or less. (Coordinator: Ron Nino) I. 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 (DRl), Development Order 8701, Resolution 87-4, as amended, for the purpose of 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 extends north to Radio Road in Section 4, Township 50 South. Range 26 East, Collier County, Florida. (Coordinator. Ron Nino) J. Petition No. CU-97-16, Bruce E. Tyson. ASLA, of Wilson, Miller. Barton & Peek-Inc., representing Willow Run Trust. requesting Conditional Use "I" of the "A" Agricultural zoning district having the effect of expanding the Willow Run Quarry earthmin.ing business for property located in Sections II, 12, 13 & 14, Township 59 South. Range 26 East. Collier County, Florida, consisting of 200 acres more or less. (Coordinator: Ron Nino) 8. OLD BUSINESS 9. NEW BUSINESS 10. DISCUSSION OF ADDENDA 11. ADJOURN 9-4-97 CCPC AGENDA/md 2 -"-~>~- ~------_.'".. ..- 16G 1 . . August 7, 1997 TRANSCRIP'r OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, August 7, 1997 LET IT BE REMEMBERED, 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 REGULAR SESSION in Building -F- of the Government Complex, East Naples, Florida, with the following members present: ACTING CHAIRMAN: Fred N. Thomas, Jr. Rich Nelson Russell A. Budd Edward J. Oates, Jr. Gary Wrage Michael J. Bruet Donald J. York Michael Pedone BOARD MEMBERS ABSENT: Mike Davis, Chairman ALSO PRESENT: Marj orie Student, Assistant County Attorney Susan Murray, Collier County planning Services Brian Milk, Collier County Planning services Page 1 1 6 G .. 1 ~ AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, AUGUST 7, 1997 IN THE BOARD OF COUNfY COMMISSIONERS ~líNG ROOM. ADMINISTRATION BUll.DING, COUNfY GOVERNMENT CENTER. 3301 T AMIAMI TRAIL EAST, EAST NAPLES, FLORIDA: NOTE: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING TIIERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WInCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WInCH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE ccpe WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENf A TION TO THE BOARD OF COUNfY COMMISSIONERS. 1. ROLL CALL BY CLERK 2. ADDENDA TO l1Œ AGENDA 3. AFPROV AL OF MINtITES: July 3, 197 4~ PLANNING COMMISSION ABSENCES: 5. Bce REPORT 6. CHAIRMAN'S REPORT 7. ADVERTISED PUBUC HE.ARlNGS: A. Petition No. R-97-4 Mark Raudenbush of Idyll Homes, loc:., requesring . rezooe from. RMf'-6 for property located at the intersection of Pm Am A venue and GraDd Canal Drive, tùnbcr cbaibed u Lot I, Gulf Rubor, located in Section 16, Township 48 South. Range 25 East, com-mmg .80 ICI'C. (Coordinator: Susan Murray) 8. OLD BUSINESS 9. NEW BUSINESS 10. DISCUSSION OF ADDENDA II. ADJOURN 8-7-97 CCPC AGENDAlmd 1 - ...,_._--,-~ ----.' ~-_.__.----- ._--,-_.,-~-- 16G 1 . August 7, 1997 CHAIRMAN THOMAS: Call to order the August 7th meeting of the Collier County Planning Commission. Roll call. Mike Davis is excused. Mike Bruet. COMMISSIONER BRUET: Present. CHAIRMAN TH01ßS: Don York. COMMISSIONER YORK: Here. CHAIRMAN THOMAS: Ed Oates. COMMISSIONER OATES: Here. CHAIRMAN THOMAS: Mike Pedone. COMMISSIONER PEDONE: Here. CHAIRMAN THOMAS: Gary Wrage. COMMISSIONER WRAGE: Here. CHAIRMAN THOMAS: Fred Thomas, here. Rich Nelson. COMMISSIONER NELSON: Here. CHAIRMAN THOMAS: Russell Budd, absent. Any addenda to the agenda? Seeing none, we have a set of minutes, some of those verbatim minutes -- COMMISSIONER OATES: So moved. CHAIRMAN THOMAS: from the July 30 meeting. COMMISSIONER OATES: Move for approval. CHAIRMAN THOMAS: Okay. COMMISSIONER YORK: Second. CHAIRMAN THOMAS: And seconded by -- I will help you out -- by Oates and seconded by York to approve the minutes. I am going to share with the clerk -- there's some ifs and ands that need to be takehout, some things that need to be changed to PUD, just little, small, non-substantive things. Do you mind if I just give it to her -- COMMISSIONER YORK: Go right ahead. CHAIRMAN THOMAS: -- so she can correct them? Thank you. All in favor signify by saying aye. Any opposed? (No response.) CHAIRMAN THOMAS: Please note that Russell Budd has arrived. Any Planning Commission absences? COMMISSIONER YORK: Mr. Chairman, my presence at the first September meeting is very questionable because we have -- we're going to have bank examiners that day, and the entire month of October I will be in Europe. COMMISSIONER NELSON: Mr. Chairman, it looks like I might be out the first September meeting as well. CHAIRMAN THOMAS: Mr. Nelson, first September meeting. We have a problem, gentlemen, developing. COMMISSIONER PEDONE: I will be absent the first October meeting. I will be in New York. CHAIRMAN THOMAS: Okay. Pedone, the first October meeting. Okay. Go back to the first September meeting; I will also be out the Page 2 16G. 1 . August 7, 1997 first September meeting. That leaves us exactly six members. Russell, we need you. COMMISSIONER BUDD: I'll be here, sir. MR. Affi~OLD: Wayne Arnold for the record. I would just like to clarify, I understand that Mr. Davis will also be absent the first meeting in September, and I just wondered if we could maybe get an accurate -- make sure we have an accurate count because tentatively we have a lot of items scheduled for that date, although one of the other items that I was going to bring up under new business may be appropriate now, is that the Florida American Planning Association is hosting its annual conference in Naples that week and we have available funds for at least two planning commissioners' attendance at that conference and we were here today to also seek your interest in attending and who might represent you at that conference. CHAIRMAN THOMAS: Okay, now, let's make -- let's go back and say -- go back on the back side of this. I am going to ask the following people are they definitely going to be here for that meeting. COMMISSIONER BRUET: September the 4th, right? CHAIRMAN THOMAS: September the 4th. We're going to need you, Nelson. COMMISSIONER NELSON: I know I'm not going to be here. CHAIRMAN THOMAS: Bruet, I mean Budd, we're going to need you. COMMISSIONER BUDD: Yes, sir. CHAIRMAN THOMAS: Bruet, we're going to need you. COMMISSIONER BRUET: All right. CHAIRMAN THOMAS: York, questionable. COMMISSIONER YORK: I will try and arrange my schedule. CHAIRMAN THOMAS: Oates. COMMISSIONER OATES: I will be here. COMMISSIONER PEDONE: I will be here. CHAIRMAN THOMAS: Pedone, and Wrage. COMMISSIONER WRAGE: I will be here. CHAIRMAN THOMAS: Okay. You got your people. Now, while it's not on the agenda, de you want to wait until the new business to deal with that? Okay, okay. BCC report. Report from the BCC, anybody? Okay, seeing none, I have nothing to report for the chairman. We will move to the advertised public hearing, R-97-4. Will all people who are going to testify as it relates to this petition stand up and be sworn in by the clerk, please. Court reporter, I'm sorry. (Witnesses were sworn.) MS. MURRAY: Good morning. Susan Murray, planning services. The applicant is requesting to rezone the subject property RMF-6 to RSF-6, RMF-6 being the residential multi-family, RSF-6 being residential single-family. In my presentation today I am not going to give an extensive planning level analysis; you have that in the staff report. I think by reading that you can find that the analysis is consistent with the LDC requirements and supports staff's recommendation for approval of Page 3 August 7, 1997 the rezoning. I would like to just focus on the issue of compatibility, familiarize you-all with the subdivision and the subject property, and then summarize the positive results of this rezoning. All right. Subject property is located in the Gulf Harbor subdivision. If you're not familiar with it, the Gulf Harbor subdivision is located on the south side of Wiggins Pass Road. There is only one ingress and egress point to this subdivision. It's kind of a unique place in that, again, one ingress and egress point, and the subdivision is surrounded on three sides by water. To get to it you would head south on Gulf Harbor Road. That intersects with Pan Am Avenue, and then the entire subdivision is located just south of Pan Am Avenue. The layout of the subdivision, there's 164 platted lots. It's laid out in a modified grid pattern. It was platted in 1955. These canals are man-made canals. The dimensions of the lots range from 50 to 69 feet wide and they are 108 to 115 feet deep, so the lots range in area from 5,400 square feet to 7,900 square feet. Ninety-eight percent of the lots in this subdivision are developed with single family residential homes. Out of 164 plotted lots there are approximately four multi-family dwelling units which are comprised of duplexes. The RMS-6 zoning district requires lots within this subdivision to be developed at a minimum of 100 feet in width. With the exception of the subject property which is located at the intersection of Pan Am Avenue and Grand Canal Drive, every lot in this subdivision is a legal non-conforming lot with the RMF-6 zoning district. The subject property has 220 feet of frontage on Grand Canal Drive and 169 feet of frontage on Pan Am Avenue, and it's .85 acres in area. So this is the only lot in this subdivision that conforms with the RMF-6 dimensional criteria. With that in mind, development of any of these lots -- the LDC provides non-conforming -- legal conforming lots to be developed to the RSF-6 dimensional criteria. There's approximately 30 plus or minus undeveloped lots. When they do come for building permits, they will be permitted to develop single-family residential consistent with the criteria in the RSF-6 zoning district. The applicant plans to extend an existing canal which is located just south of the subject site -- would like to extend it . approximately 150 feet into the subject site and with that subdivide the property into four individual parcels. They would range in width from 64 feet, and on the corner parcel would have 90 feet of frontage on Grand Canal Drive and 98 feet of frontage on Pan Am Avenue. Staff felt in the review that this type of development is a lot more consistent with what actually is occurring in the neighborhood in this entire subdivision. Most of the houses in this subdivision are single-family stilt homes, as I mentioned, and that is what the applicant would like to be able to do with the subject property is subdivide into four lots and build single-family dwelling units. Rezoning to the RSF-6 zoning district will insure that this Page 4 lbG 1'· August 7, 1997 property is developed with the -- consistent with the majority of the single-family residential homes in the neighborhood. Development under the proposed zoning district will also result in a reduction in density. Currently the property could be developed with five dwelling units. The applicant is proposing to develop four single-family dwelling units. Again, development under this scenario is compatible with the neighborhood. The lot dimensions and the type of construction would be single-family -- consistent with the single-family residential that is already there. There would be less traffic impacts due to the reduction in dwelling units, and I also wanted to point out, and I know I mentioned this before, that the LDC does allow all the lots in that subdivision to be developed under the RSF-6 zoning criteria. So rezoning to RSF-6 is actually more compatible not only with the neighborhood but with what is already going to be permitted on the undeveloped lots within that neighborhood. COMMISSIONER YORK: Susan, what they're planning to do, then, is extend the canal, and does that take permits from the Army Corps of Engineers or just the u.S. Fish and Wildlife? MS. MURRAY: I believe it would be Army Corps of Engineers and also the state. CO~1ISSIONER YORK: In your opinion, do you think that the Corps will -- will approve that? MS. MURRAY: I am not an environmentalist. Being that the canals in that area are -- were already dredged and are man made, I would say yes. That is my first -- COMMISSIONER YORK: Are they navigable? MS. MURRAY: I believe they are. MR. MILK: Yes, they are. COMMISSIONER YORK: Thank you. COMMISSIONER OATES: I have a question, Mr. Chairman. CHAIRMAN THOMAS: Wait, we have Bruet next and then Oates. COMMISSIONER BRUET: I guess -- CHAIRMAN THOMAS: Excuse me a minute; did you get that name? Okay, Bruet. COMMISSIONER BRUET: I guess my question is along the same line and maybe the petitioner can answer it if he's here. I'm not sure. MS. MURRAY: I don't think the petitioner is here. MR. RAUDENBUSH: Yeah, I am. MS. MURRAY: Oh, I'm sorry, Mark; I didn't see you. CHAIRMAN THOMAS: If you're going to come up and try to answer that question, you've got to get sworn in. MR. RAUDENBUSH: Okay. CHAIRMAN THOMAS: Okay. State your name and spell it for her. MR. RAUDENBUSH: Raudenbush, R-a-u-d-e-n-b-u-s-h. Currently we have applied with the Department of Environmental Protection, the DEP, for the permit to extend the canal. In our pre-application meeting with DEP -- we had an on-site pre-application meeting -- they have suggested that we probably won't be able to extend the canal the full 150 feet as we have got planned right now, but they have tentatively Page 5 -,,~.~" 16G 1 August 7, 1997 allowed us to extend it 80 feet. In that 80 feet we will create a 50-foot navigable waterway and then an additional 30 feet -- 30-foot mitigation and wetland recharge area, a mangrove planted area that will help improve the water quality of not only the new canal but the end of the existing canal, and yes, to answer the question, it is a navigable canal accessible through Wiggins Pass. CHAIRMAN THOMAS: So that would mean then that the top two most lots will not be waterfront. MR. RAUDENBUSH: No, what we intend to do is bring down that headwall area so that both of those two lots do end up more marsb front than navigable waterfront but then we will extend some boardwalks and docks so that both of those will have a dock out on the navigable waterway. CHAIRMAN THOMAS: Are they going to need a dock extension later on? MR. MILK: It depends on the headwall and where all that falls out. They could typically need a dock extension, but it would depend on where the mean high water is, the bulkhead line is, and there's some variables in there. CHAIR11AN THOMAS: Did you -- COMMISSIONER BRUET: Yeah, my -- my question would be, Mark, being an outstanding Florida water, I think those are the issues you're going to have to deal with here in your permit process -- MR. RAUDENBUSH: Yes, correct. COMMISSIONER BRUET: -- which deals with public benefit, water quality issues well beyond the normal water quality issues that are out there. To be honest with you, I think you're really going to have you~ hands full getting this canal dug. Now, my question to you would be, if you're not successful in doing that, does the site still work for some type of development -- MR. RAUDENBUSH: Well, I think -- COMMISSIOlŒR BRUET: -- that still aligns with this zoning designation? I am not sure which person I should be asking that question to. MR. RAUDENBUSH: We intend to carry through with the subdividing and the construction of the residences. As I said before, I had a pre-application with the people from DEP, brought them down on-site. Right now tbe existing end of Grand Canal, the waterway there, the water quality is very poor. The other existing canals, at Rainbow Canal and some of the others, Venetian Canal, the water quality is substantially better. Some of the things that DEP has allowed us to do is, if we can improve the existing water quality, there's an exception in the state -- state statutes, which really have brought an end to the dredging of dead-end canals, that says that even if I can't bring that to state water quality standards, as long as I can improve the water quality in that body of water, then there's an exemption that allows me to do that. The -- well, originally, the DEP was a little resistant. Once they came down and took a look at the existing conditions of the existing dead-end canal, they -- they feel that this mitigation area with the mangrove recharge area will be good for that Page 6 -,-.....---...-.......- 16G·l August 7, 1997 waterway, and so they're -- they're supportive of it. COMMISSIONER BRUET: At this point in time? MR. RAUDENBUSH: At this point in time, they're supportive of it. COMMISSIONER BRUET: The public benefit issue hasn't been discussed? MR. RAUDENBUSH: They feel the public benefit if we can improve -- COMMISSIONER BRUET: Which is through the water quality. No, I just wanted to make that point, but I am not sure if you did answer my question, though. If he still is unsuccessful, can -- is there still a development plan that would work? I guess that's my question. MS. MURRAY: Yes, the property is developable now even if there is no canal dredged, and I think rp.asonable development could be expected with the rezoning. COMMISSIONER BRUET: Thank you. CHAIRMAN THOMAS: Ed Oates. COMMISSIONER OATES: Oh, yeah, I have read this condition number one about a dozen times, and I am thoroughly confused as to what it says. MS. MURRAY: With regard to the archaeological? COMMISSIONER OATES: Archaeological, yeah. MS. MURRAY: That is actually a standard condition that is found in a lot of the rezonings and even our site development plans and whatnot. It's just standard language that we use with regard to -- COMMISSIONER OATES: Well, did you, in fact, get it before we had our hearing? MS. MURRAY: Yes, we did. Got the archaeological report and there was nothing found on the site. It was reviewed by Ray Bellows arid ne found nothing that needed to be included other than the standard stipulation. COMMISSIONER OATES: Okay. CHAIRMAN THOMAS: Any other questions of staff? Any other questions of the petitioner? Does anyone in the audience want to speak for or against this petition? Seeing none, I close the public hearing. What is your pleasure, gentlemen? COMMISSIONER YORK: Mr. Chairman, I recommend or I move that we recommend approval of R-97-4 to the Board of County Commissioners. COMMISSIONER BRUET: Second. CHAIRMAN THOMAS: Subject to these staff stipulations? COMMISSIONER YORK: Subject to all the staff stipulations. CHAIRMAN THOMAS: Okay. Moved by York, seconded by Bruet. Any further discussion? All in favor signify by saying aye. Any opposed? (No response.) CHAIRMAN THOMAS: Passed unanimously. MS. MURRAY: Thank you. CHAIRMAN THOMAS: That's the end of our advertised public hearings. Page 7 ,_.,~--_.... 16 G 1 August 7, 1997 Any old business? New business, Mr. Edwards. MR. AP.NOLD: Thank you, Mr. Chairman. Wayne Arnold for the record. CHAIRMAN THOMAS: I mean Wayne Arnold. I apologize. MR. ARNOLD: No problem. Just to chat briefly again. The-- September 3rd through the 5th, the Florida Chapter of the American Planning Association is hosting its annual conference at the Registry Resort, and as you will recall from your discussion and joint workshop with the Board of County Commissioners, there was a desire to obtain some planning commissioner training, et cetera. Part of the conference, Wednesday morning's sessions especially, have a planning commissioner workshop component. There is no separate registration, unfortunately, just for the planning commissioner workshop portion, so it requires full conference registration as part of that. The other complicating factor is we have the September 4th meeting, at least of the morning portion. It's a fairly lengthy looking agenda, but typically we're out of here by noon, which means you still have at least a half a day of -- of conference -- CHAIRMAN THOMAS: Conference activities. MR. ARNOLD: -- to attend, and two registrants would also -- also be a part of the keynote luncheon and plenary luncheon and the two evening receptions as well that are planned for the event. And just hope to get some, you know -- obviously, we had expected potentially at least the chairman or vice-chairman to be the attendees, but in this case I think both the chairman and vice-chairman are not available those dates, so we would look to you to help select at least the two individuals you would like registered for the conference. - CHAIRMAN THOMAS: Can I ask, are there any -- any quick volunteers? COMMISSIONER OATES: CHAIRMAN THOMAS: Ed COMMISSIONER OATES: COMMISSIONER WRAGE: allowed to send two? MR. ARNOLD: Well, I think we had a lot of staff interest. Looking at my budget, I knew I had available funds for at least two. The registration cost is $240 per person, and I looked like I had enough money left in my professional development training budg~t for at least two. I can certainly go back if you have three requests and see if I can't find some money in another account somewhere. CHAIRMAN THOMAS: Well, we can draw straws if there's three people interested. COMMISSIONER BRUET: Wouldn't it be possible for us just to attend one or two of the little sessions? Or do we have to MR. ARNOLD: I think it probably would. COMMISSIONER BRUET: Informally, let's say, as opposed to MR. ARNOLD: I think you certainly could. That's what we probably intend to do with some of our staff people, to shuffle them in and out. It's one of those things where you have 400 people. To I would be willing to go. Oates is one. Any other volunteers? Gary. How much is the registration? Are we only Page 8 -----------...- ~-,-------_. ------ 16G''1 August 7, 1997 go in and out of a conference session is not a big deal. Unfortunately, you just don't get to be included with the conference materials and the lunches. CHAIRMAN THOMAS: The conference packages and the meal functions and the receptions and that sort of stuff. MR. ARNOLD: But certainly I would make the schedule available to all of you and you would be welcome to do that. CHAIRMAN THOMAS: Okay. So we got Gary Wrage and Don York. COMMISSIONER YORK: No. CHAIRMAN THOMAS: Gary Wrage and Ed Oates. Anybody else wanted to go? Okay. COMMISSIONER BRUET: I'll -- I'll go if he has extra funds. If you don't, don't worry about it; I will just attend some -- some sessions. MR. ARNOLD: I'll just let you know independently. I'll go back today and check on that. CHAIRMAN THOMAS: Why don' t we -- can I get a motion that says our designated representatives to that function will be Ed Oates and Gary Wrage and if there is room for a third, that it be Mike Bruet. COMMISSIO~ŒR BUDD: So moved. COMMISSIONER YORK: Second. CHAIRMAN THOMAS: Okay. It's moved by Russell Budd, seconded by Don York. Any further discussion? All in favor signify by saying aye. Any opposed? (No response.) MR. ARNOLD: I will get the conference materials. -- CHAIRMAN THOMAS: I can' t amend my agenda - - my schedule; I'm going to be out of the country, because I really wanted to take part in especially the tour of Immokalee. Gary, you may have to fill in for me on that. MR. ARNOLD: Part of the conference includes some mobile workshops around the community, and assuming we get 15 people, we have an Immokalee town and country tour organized that the gaming palace was going to loan their bus at no charge to us and provide a lunch to registrants. It was a fund-raising opportunity for the planning association because people were expected to pay I think a $15 fee to sign up to go on this tour of the -- farm tour and to see downtown and what's happening there so something to -- CHAIRMAN THOMAS: Just to share wi th you, two years ago or years ago when we hosted my state association meeting here in Naples, the casino provided free transportation round trip and a meal for any of the delegates that wanted to go out there. They came out ahead and we made a lot of money -- extra money on our conference. Anything else? COMMISSIONER YORK: High stakes gambling -- CHAIRMAN THOMAS: I don't know; we're not talking about that publicly. COMMISSIONER OATES: Mr. Pedone said yes, but they put a slot Page 9 16G August 7, 1997 machine in the back of the bus. CHAIRMAN THOMAS: Okay. Any further discussion -- any further business to come before this body? If not, the meeting is adjourned and thank you, gentlemen. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8:55 a.m. COLLIER COUNTY pLANNING COMMISSION FRED THOMAS, ACTING CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY DEBRA DeLAP Page 10 -''''-'"'''~~ __....w· ._~_.._.- .,~" 1 .1 16G 1 " .- r ~. .- '~1 .. , , ,. " August 5, 1997 MEMORANDUM FROM: Anne CampbeU Dr. Denise Heinemann Mary Lee Montgomery Patricia Meyen Jim Penczykowsld Charles Rhoades Tom OUia / Dr. Charles Konigsberg . Roger Evans J Susan Craig ,_ Kvi- Vf\ Marty Kniebes --y}Y" ~ Recording Secretary TO: RE: Next Advisory Board Meeting Please mark yonr calendars for the next Public Health Advisory Board meeting. We had originally scheduled September 8 as the next meeting. This needed to be changed. NOTE THE FOLLOWING NEW DATE: Misc. Corres: DATE: Monday, October 13, 1997 Date: .9 ,~~ ,CO Item# I Co, G TIME: 4:00 pm PLACE: Administration Board Room (202) . Bldg. H Copies To: If you have any agenda items, please call me at 774-8210. Agenda items are due no later than Monday, October 6. Thank you. MK cc: Sue Fllson Norris Hancock COftstant1n. Mac'K1e Berr} 1/ <J"-\ / It\ ~~ - þ _"I"'>' 16G 1 MINUTES OF THE PUBLIC VEHICLE ADVISORY COMMITTEE DATE: July 2, 1997 TIME: 10:00 A.M. PLACE: 2800 N. HORSESHOE DR., CONFERENCE ROOM "G" NAPLES, FLORIDA ~ STAFF PRESENT BAISLEY X PALMER X LUGRIN X CRUZ X MCGAUGHEY X BOLGAR X MINUTES BY: Maria Cruz. Code Enforcement Specialist ADJOURNED: 12:50 A.M. CALLED TO ORDER AT: 10:15 A.M. PRESIDING: Scott McGaughey, Chairman I. ADDITIONS OR DELETIONS: II. APPROVAL OF AGENDA: III. APPROVAL OF MINUTES: IV. NEW BUSINESS: Review Vehicle for Hire Ordinance No. 95-66 1) P.O. Boxes - After extensive discussion it was determined that out of county certificate holders may have a P.O. Box in Collier County where their records :or this county may be kept. 2) Ownership - Mrs. Baisley brought to staff's attention that there may be certain companies which ownership may have changed. It was suggested to mail out a general let~er to all certificate holders in order to update this information. V. OLD BUSINESS: VI. REPORTS: VII. DISCUSSION: <Public Input) The next meeting is tentatively scheduled for 10:00 a.m. on September 3, 1997, at 2800 N. Horseshoe Dr., Conference Room "G" Norr1s Hancock Coostantine Mac'Ki. Birr! :ÿ-: :ICL~ ~:;~~=I,ITEE L1 SQo~~~~;Y-' Chairman \ Ç>~,c::.., 0... 'öo...'r;.\ q.y Misc. Corres: Date: C\; ~3-ql J~.~. I 1/ Item" Copies To: · ...~. AGENDA WORKSHOP 16G"'1 ~ COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE July 2, 1997 10:00 a.m. DEVELOPMENT SERVICES BUILDING 2800 N. HORSESHOE DRIVE CONFERENCE ROOM "G" ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, ~~ICH RECORD INCLUDES THAT TESTIMO~~ AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ADDITIONS OR DELETIONS: II. APPROVAL OF AGENDA: III. APPROVAL OF MI~UTES: IV. NEW BUSINESS: Review Vehicle for Hire Ordinance No. 95-66 V. OLD BUSINESS: VI. REPORTS: VII. DISCUSSION: VIII. NEXT MEETING DATE: September 3, 1997 .......-."'-.-..... ... . ~ MINUTES OF THE PUBLIC VEHICLE ADVISORY COMMITTEE 16G 1 DATE: June 4, 1997 TIME: 10:00 A.M. PLACE: 2800 N. HORSESHOE DR. , CONFERENCE ROOM "G" NAPLES, FLORIDA ~ STAFF PRESENT BAISLEY X CRUZ X PEASE X MORAD X TESAURO x MINUTES BY: Maria Cruz, Code Enforcement Specialist CALLED TO ORDER AT: 10:00 A.M. ADJOURNED: 10:35 A.M. PRESIDING: Patricia Baisley, Vice Chairman I. ADDITIONS OR DELETIONS: II. APPROVAL OF AGENDA: III. APPROVAL OF MINUTES: IV. NEW BUSINESS: A. Scot A. Jones a/k/a Private Car Airport Shuttle Service Request to operate a Charter Service This application was reviewed and approved pending the following items be submitted prior of issuance of certificate to operate: 1) sales contract, 2) insurance certificate and 3) proof of filing of fictitious name. Motion made by Mr. Pease, seconded by Mr. Tesauro and carried unanimously. B. Rick Scott a/k/a Elite Limousine Service of S.W. Fl., Inc. Request to operate a Charter Service This application was reviewed and approved pending clarification on registration's classification and certificate of liability insurance be corrected. Motion made by Mr. Pease seconded by Mrs. Baisley, and carried unanimously. V. OLD BUSINESS: VI. REPORTS: VII. DISCUSSION: (Public Input) PEASE - Requested an interpretation on P.O. Boxes as central places of business from Mr. Palmer by next meeting. The next meeting is tentatively scheduled for 10:00 a.m. on July 2, 1997, at 2800 N. Horseshoe Dr., Conference Room "G" for a workshop. 3'~::~ ::~::MMITrEE Patricia Baisley, Vice Cha~ 4 ,..". AGENDA COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE 16G 1 t June 4, 1997 10:00 a.m. DEVELOPMENT SERVICES BUILDING 2800 N. HORSESHOE DRIVE CONFERENCE ROOM "G" ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ADDITIONS OR DELETIONS: II. APPROVAL OF AGENDA: III. APPROVAL OF MIWùTES IV. N~~ BUSINESS: Scot A. Jones a/k/a Private Car Airport Shuttle Service Request to operate a Charter Service Rick Scott a/k/a Elite Limousine Service of S.W. Fl., Inc Request to operate a Charter Service V. OLD BUSINESS: VI. REPOR':'S: VII. DISCUSSION: VIII. NEXT MEETING DATE: September 3, 1997 MINUTES OF THE PUBLIC VEHICLE ADVISORY COMMITTEE 16G 1 DATE: May 7, 1997 TIME: 10:00 A.M. PLACE: 2800 N. HORSESHOE DR., CONFERENCE ROOM "G" NAPLES, FLORIDA ~ BAISLEY LUGRIN TESAURO STAFF PRESENT x X X PALMER CRUZ X X MINUTES BY: Maria Cruz, Code Enforcement Specialist CALLED TO ORDER AT: 10:00 A.M. ADJOURNED: 10:15 P.M. PRESIDING: Patricia Baisley, Vice Chairman I. ADDITIONS OR DELETIONS: II. APPROVAL OF AGENDA: Motion made by Mr. Lugrin seconded by Mr. DeVito to approve agenda. III. APPROVAL OF MINUTES: N/A IV. NEW BUSINESS: V. OLD BUSINESS: A. Carlos Miragaya d/b/a Galaxy Transportation - Review of VFH application to operate a Taxi Service. Mrs. Baisley stated that Mr. John Dougherty from Checker Cab and Mr. Baisley were not present and that Mr. Miragaya did supply an address of his previous business. Mrs. Baisley also stated that a research was conducted for any possible information that could conflict with the approval of this application resulting unsuccessfully. Mr. Miragaya stated that this previous business was in his son's name, and that this research had been going on for two months. Mr. Lugrin questioned if the discrepancies found in the application last meeting held on 4/2/97 were corrected. Ms. Cruz confirmed these were all corrected. Mr. Lugrin questioned the criminal background, this was explained by Mr. Palmer. Motion was made by Mr. Lugrin seconded by Mr. Devito to approve application, carried unanimously. VI. REPORTS: NONE VII. DISCUSSION: (Public Input) VIII. NEXT MEETING DATE: June 4, 1997 '"'--.-- 16G 1 Page 2 - Minutes of P.V.A.C. Board Meeting, May 7, 1997 CONVENED: 10:15 A.M. WORKSHOP FOLLOWED MEETING ADJOURNED: 12:15 P.M. BAISLEY - Questioned if notification was sent out to the companies not having an occupational license for a central place of business in Collier County. Ms. Cruz stated these went out and that the majority had complied. Mr. Palmer also stated he has received numerous phone calls in respect to this matter. He also stated that compliance is met by having local phone number and a depository where Collier County records could be kept, whether is a post office box or a rental space from another company, as long as these records could be reviewed in collier County. He also stated if a company has two or more vehicles these must obtain an office in a C-5 zone. Mrs. Baisley also questioned what enforcement action would be taken for those who fail to comply. Ms. Cruz added that these would be notify to appear before this board for proper action to be taken as required by ordinance. LUGRIN - Questioned the meeting dates to review applications. Mrs. Baisley added these will be held quarterly. It was also discussed the need for completeness of all applications scheduled before this board prior to meeting. LUGRIN - suggested :0 review any information obtained for applications to appear before the ?VAC at least two weeks prior to the meeting. Extensive discussion was held in regards to insurance coverages and vehicle inspections. Mr. Palmer questioned if these vehicles are inspected at any time. Ms. Cruz stated these are to be inspected twice a year and also that the certificate holders provide the county an affidavit stating these vehicles meet all vehicle safety standards as required per ordinance. Mr. John Do~gherty (Public) raised the issue of uniforms for drivers. After discussing this issue it was determined that this was not enforceable at this time. Remainder of tape damaged (~ of tape) The next meeting is tentatively scheduled for 10:00 a.m. on June 4, 1997 at 2800 N. Horseshoe Dr., Conference Room "G". The meeting was adjourned at 12:15 p.m. by Patricia Baisley, Vice Chairman P~ VEHICLE ADVISORY COMMITTEE ~~~'-~ '<'''- ~ patricia Baisley, Vice Chairma ~ COLLlr:" ("OUN'TY P!7IILTC' V1:"IC't.1: ArwlSntlY C"OI1'1TTTEE lUy '. 1'" 10,00 ..... Or:v!: LOPMnrT 5 r:IIVT C'!: 5 1111 I LrH ItG ~.OO" "0115£5"01: DRIVE ÇONnJ!nl~ 11001'1 ·C· AnY Pr:RSOff WHO DI:CID1:S TO APPEAL A DECJSION Of' THIS !ICARD WILL WEED A JlECORD Of' THE PROCEI:DIMCS PEIITAIlfnra THEJl1:'I'O. AJID THDEf'OltE KAY NEED TO EJfSU'RE THAT A VERBATIM JlECOJlD OF' THE PJlOCEEDIHGS IS KJJ)E. WKICH JlECOItD IJICLUDES THAT TESTIHOtIY AND EVIDDlCE UPOII WKICH THI: APPEAL IS TO liE BASED. I. 1..DDITIOfIS OR DI:LETIOfIS: II. APPROVAL OF' .!.GEIIDA: I I I . APPROVAL OF' MINUTES: N/" IV. In:w BUS I rn:SS : IliA V. OLD BUSI~SS: Carloa Hlr.q.y. d/b/. C.l...y Tr.nøport.tl0n . ReVle~ of VFK .ppl1C.tlon to oper.te a T..l Service VI. pr:POIITS. II:,. VII. OJSCUS!.IOfI, '''''bllc Input' V I I I. In:XT ME£':' I II:; o,..t June 4, 1,'1 ,,"0111[5"0' ~ C"O~.I.:[" C"1)tJ1TY PUBLIC' VEIIIC't.E ADVISOIIY C'O!"J'1ITTEE H,¡y '. 1'" 10:)0 . III Or.VELOPMT.lrr 5 [II': I CES flU: t.r1I H:'; ZØO(1 II HOR!)[SKOE DIII·..t ,;;rrF'E"EN::'t RöOfI ·C" JJry ptllSOll ..110 DE::IDtS TO ApPu..t. A DE:ISIOII OF' THIS IIOARD WILL NEED A RECORD OF' THE PIIO':EEDINCS pEIITAtllINC THERETO, AJ:=J THtltEF'OR" KAY NE£%) TO DCSURE THAT A VEIIB1.TIM III:CORD OF' THE PROCtl:DINCS IS KJJ)E, WKICH RI:COItD UCCUJDES THAT TESTlHOrõY AJID EVIDDI::E UPOII WKICH 11IE APPEAL IS TO IE lIAS£%). I. 1..DOITIOIIS 011 CELETIOIIS: I I. APpROV"L Of' AGEIIDA: I I I. APPROVAL Of' MllnJTES: iliA IV. N1:W BUS tln:SS : III" V, OLD BUS tln:SS : HI" VI. IIEPORTS: H/A VII. DISCUSSION: IPubhc: Input) VIII. NEXT tU:ETUra DAT£: June 4. 1'" 16G 1 I 6G 1 MINUTES OF THE PUBLIC VEHICLE ADVISORY COMMITTEE DATE: April 2, 1997 TIME: 10:00 A.M. PLACE: 2800 N. HORSESHOE DR., CONFERENCE ROOM "G" NAPLES, FLORIDA ~ STAFF PRESENT BAISLEY MCGAUGHEY DeVITO PEASE TESAURO x X X X X PALMER CRUZ X X MINUTES BY: Maria Cruz, Code Enforcement Specialist CALLED TO ORDER AT: 10:05 A.M. ADJOURNED: 12:15 P.M. PRESIDING: Scott McGaughey, Chairman I. ADDITIONS OR DELETIONS: II. APPROVAL OF AGE1IDA: Motion never made to approve agenda. III. APPROVAL OF MINUTES: N/A IV. NEW BUSINESS: V. OLD BUSINESS: A. Carlos Miragaya d/b/a Galaxy Transportation - Request for review of criminal history background clarification and approval of application to operate a taxi service. An extensive discussion was held in relations to Mr. Miragaya operating a taxi service. After acknowledging that Mr. Miragaya previously had another company in the city of Orlando, FL, several concerns were brought up. It was also mentioned that Mr. Jack Dougherty from Checker Cab of Collier County may have specific information that may conflict with approving this application. It was decided to move this item to the May 7, 1997 meeting date (special meeting) to allow time for all and any concerns be brought before this board and also to allow Mr. Miragaya to clear-up certain discrepancies in his applications, i.e., 1) obtain proper insurance, 2) occupational license application must state correct address of business, 3) registrations to state "For Hire" and classified "09", and to remove name of company and existing rates off from other vehicles that will not be used under this license. Motion was made by Mr. McGaughey seconded by Mrs. Baisley, opposed by Mr. Pease. 1 6 G '. 1 · Page 2 - Minutes of P.V.A.C. Board Meeting, April 2, 1997 VI. REPORTS: NONE VII. DISCUSSION: (Public Input) Review of Public Vehicle For Hire ordinance. Several concerns were discussed in regards to the insurance coverages. After discussion it was requested that staff prepare a form letter to all insurance companies requesting a certificate showing their scope of operation. The next meeting (workshop) is tentatively scheduled for 10:00 a.m. on May 7, 1997 at 2800 N. Horseshoe Dr., Conference Room "G". The meeting was adjourned at 12:15 p.m. by Scott McGaughey, Chairman PUBLIC VEHICLE ADVISORY COMMITTEE -'V~ ~.~~~~~ ~...n...L. ~~G~~:lle-y, Chairmar¡ ~~"c..' C'\.. ~,'S\o.y ~ 16G 1 COLLIn COUNTY PU'IILtt' vrKtt't..E ADVISOR,. C'CMftTT'EE "91'11 2. It" 10:00 .... DEVrLOI'f1nfT SE1IVICrs IIUfLDIIfO 2100" HORSESHOE DRIVE CONPY1!rNC'! ROOM °GO AI('( PER$OI.I WHO DECIDES TO APPEAL" Dt:CrsIOtI or THIS lOUD WILL NEED A II£CORD OF' THE Pltoct:EDINGS PnTAIMltIC TH£ItE'TO, AIm THEREFORE HAY HE£1) TO DlSlIRE THAT A VERBATIM RECORD 0' THE 'Roct:EDINGS IS MADE. WHICH RECORD INCLUDES THAT TESTIMONY AIm EVIDDtCE UPOIf WHICH THE A"EAL IS TO IE BAS£1). I. AD:)ITIOtIS 011 DELETIOtIS: II. APPROVAL 0' AGENDA: I I 1. APPROVAL 0' MIMUTES: HIA IV. NEW BUSINESS: HIA V. OUD IUSINESS; CArloD M1rA9ay. d/b/a C4laxy Tranaportatlon - lteque.t1ng review of cr¡.¡n.l h1Dtory Þ4ckgroynd Clar1flcat1on .nd approvAl of eppllcatlon to operAte a TaxI Serv¡ce VI, ItEPOR":'S' ilIA VII, DtSCUSSJOI': 'Pvbllc Input! V! I I. 'IEXT MEriIN.:; DATE, K.ly 1. 1"1 "9.,'NO' ~ COLLIE" C'OtJ?r:"Y PU'IILlC' \'£Ht("I.E J'I'.'I!::")PY C'C'f'o'.MI':"TEE Api'll 2. It" 10.30 A.., D£\'ELOPPlDrT SE"...tCES IIUtl.DtN!> 2100,. KOIISESHOE D'IVE CONf"'£I!£MC'£ '001'1 °Go AI('( PERSON W'!fO DECIDES TO APPEAL A DECISION or THIS acUD WILL rtEED A RECORD OF' '!'1fE PROCt:£1)IIICS PEItTAIHIIfC THERETO, Afro THEREFOItE HAY 'IEED TO rNSlIRE THAT A VERBATIM ItECORD 0' THE .ROCE£1HNQS IS MADE, WHICH RECOttD IIf::'LUDES THAT TESTIHOIIY AHD EVIDDfCE UPON WHICH THE APPEAL IS TO IE IAS£1). 1, ADDITIONS OR DELETIONS: II. A.PPROVAL OF' AGENDA: I I I , APPROVAL OF' HI/'lt1TES; HIA IV. NEW BUSINESS: HIA V. OUD BUS Im:SS ; HIA VI. REPORTS: HIA VII. DISCUSSION: '....bhc tnput' Review of ....bllC Vehicle For HIre OrdinAnce VI I I. m:XT MEETING DATE: K.ily '. 1'" ~------_._. 16G 1 MINUTES OF THE PUBLIC VEHICLE ADVISOP.Y COMMITTEE DATE: March 5, 1997 TIME: 10:00 A.M. PLACE: 2800 N. HORSESHOE DR., CONFERENCE ROOM "G" NAPLES, FLORIDA ~ STAFF PRESENT BAISLEY LUGRIN DeVITO PEASE TESAURO x X X X X PALMER CRUZ X X MINUTES BY: t1aria Cruz, Code Enforcement Specialist CALLED TO ORDER AT: 10:00 A.M. ADJOURNED: 11:35 A.M. PRESIDING: patricia Baisley, Vice Chairman I. ADDITIONS OR DELETIONS: New members were introduced; Mr. Maurice DeVito and Anthony P. Tesauro. Mrs. Baisley questioned if resumes for these were presented to the PVAC for recommendation. Ms. Cruz advised these were presented to the PVAC for review only, and the BCC makes recommendations. II. APPROVAL OF AGENDA: Motion made by Mr. Pease, seconded by Mr. Devito to approve agenda. III. APPROVAL OF MINUTES: Motion made by Mr. Pease, seconded by Mr. Devito to approve minutes for the November 6, 1996, December 4, 1996 and January 8, 1997, meetings. IV. NEW BUSINESS: A. NCH Healthcare Systems, Inc. This item was continued from the January 8, 1997, meeting due to a legal interpretation requested from the County Attorney's office relating the need for a vehicle for hire license and criminal background on hospital board members. The County Attorney's opinion resulted in that a license must be obtained but the criminal background was not necessary. This item was approved pending the vehicle list be provided to staff and registrations be classified "09". Motion made by Mr. Pease, seconded by Mr. DeVito and carried unanimously. 16G 1 Page 2 - Minutes of P.V.A.C. Board Meeting, March 5, 1997 IV. NEW BUSINESS: CONT'D B. Carlos Miragaya d/b/a Galaxy Transportation. After review of application it was determined that several items must be submitted before approval of application. This items are as follows: 1) New registration classified "09", 2) information on vehicle list form must coincide with registration, 3) existing rates posted on vehicle must be removed, 4) copy of disposition on felony charge must be obtained. After an extensive discussion regarding the disposition of the felony charge it was determined to continue this item to the June 5, 1997, meeting in order for all of the above requirements be submitted. Motion made by Mr. Pease, seconded'by Mr. DeVito and carried unanimously. C. Bruce Connelly d/b/a Rockefeller Limo of Florida, Inc. Application was reviewed and approved pending the following items be submitted prior of issuance of certificate to operate: 1) copy of executed corporate documents and registration classified ~09". Motion made by Mr. DeVito, seconded by Mr. Pease and carried unanimously. V. OLD BUSINESS: A. Joellen Bates d/b/a Tropic Tours of Naples - Removed from agenda, rescheduled for June 4, 1997 meeting. VI. REPORTS: NONE VII. DISCUSSION: (Public Input) Mr. 3aisley (publ:=) comment about certain Certificate Holders not having an occupational license for a central place of business in Collier County. Ms. Cruz advised that this occurred due to the occupational license is issued by the Collier County Tax Collector's office who does not require a central place of business in Collier County resulting in being misleading to other departments. Ms. Cruz further advised that a notification will be mail out to these companies requesting compliance by obtaining an occupational license for a central place of business in Collier County. A report of the results will be provided to the Board at the next meeting. Mr. Pease questioned if the next meeting was going to be a workshop. Affirmed by Mrs. Baisley. Mr. Pease requested information on the sting operation (unlicensed vehicles, drivers refusing short trips) scheduled next week at the airport be provided to the Board at this workshop. The next meeting (workshop) is tentatively scheduled for 10:00 a.m. on April 2, 1997 at 2800 N. Horseshoe Dr., Conference Room "G". The meeting was adjourned at 11:35 a.m. by patricia Baisley, Vice Chairman _ PÀi~ ~::: ::I::::~C;~;EE patricia Baisley, Vice Chai an 16G 1 AGENDA COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE March 5, 1997 10:00 a.m. DEVELOPMENT SERVICES BUILDING 2800 N. HORSESHOE DRIVE CONFERENCE ROOM "G" ~IT PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL I S TO BE BASED. I. ADDITIONS OR DELETIONS: II. APPROVAL OF AGENDA: III. APPROVAL OF MINUTES: 11/6/96, 12/4/96, 1/8/97 IV. NEW BUSINESS: A. NCH Healthcare Systems, Inc. Request to Operate a Charter Service B. Carlos Miragaya d/b/a Galaxy Transportation Request to Operate a Charter and Taxi Servic~ C. Bruce Connelly d/b/a Rockefeller Limo of Florida, Inc. Re~Jest to Operate a Charter Service V. OLD BUSINESS: JoEllen Bates d/b/a Tropic Tours of Naples - Reques~ to operate a Charter Service VI . REPORTS: VII. DISCUSSION: A. Two board members with same company serving on PVAC VIII. NEXT MEETING DATE: April 2, 1997 MEMORANDUM TO: Sue Fi1soD~ Admlaistrative Assistant, Board of Couaty CommJssioae FROM: Bleu WaJla~ UtWty Replatioa Manager..d Eucadve Director~ Collier County Water ad Wastewater AutJaority SUBJECT: Transmittal of Mia.teI - CoDier COtIllty Water ..d Wastewater Authority DATE: August 26, 1997 Transmitted herewith are the llÚDates of the July 2~ 1997 meeting of the Collier County Water and Wastewater Authority. These minutes were approved at the Authority's regular meeting on August 25, 1997. Direct any questions to me at ext. 7146. --...- 16G 1 16G 1 ..... Mi~;. (' -2_( OG~f: :L~~ COLLIER COUNTY WA TER AND WASTEWATER AUTHORITY Minutes of Regular Meeting Board Meeting Room r Floor, Administration Building 2:00 PM, July 28, 1997 Hem!: '0;, ~ Copies To: An audio record of the following proceedings is on file with the Office of Utility Regulation, Suite 203, Administration Building, County Government Center, 3301 fast Tamiami Trail, Naples, Florida 34112, Phone (941) 774-8577. Assistant County Attorney Thomas C. Palmer was present to provide legal advice to the Authority and Utility Regulation Manager and Executive Director of the Authority, D.E. "Bleu" Wallace was present to represent the Office of Utility Regulation staff. Item I. Call to Order. Chairman Dr. Neno Spagna called the meeting to order at 2:00 PM, declaring that four members were present, constituting a quorum. Also present were Vice Chairman Richlird F, Bergmann, Mr. George j. Schroll, and Mr. Robert C. Bennett, Jr. Item II. Approval of Minutes. The minutes for June 30, 1997 were approved (4-0) after motion by Mr. Schroll and second by Mr. Bennett Item III. Open to the Public. Chairman Spagna welcomed guests in attendance and asked if anyone wished to address the Authority. Receiving no response, the Chairman moved to the next agenda item. Item IV. Items Requiring Adion by the Authority. A. 1997 Price Index / Pass-through = Rookery Bay Utility. Chairman Spagna requested Mr. Wallace to address this item. Mr. Wallace advised that on June 23, 1997, Rookery Bay Utility submitted their 1996 price index application. Also included in the price index application was a pass-through for increased rates in purchased power. A presentation was given by Mr. Wallace to the Authority explaining the computations used to determine Rookery Bay's price index / pass- through. Mr. Wallace stated that staff recommends approval of Final Order No. 97- 06, granting Rookery Bay a 2.28% increase which wifl be applied across the board for all rates. Mr. Wallace then responded to several questions regarding the DEP and Rookery Bay Utilities. Mr. Bergmann moved to approval Final Order No. 97- 06; second by Mr. Schroll. Motion passed unanimously (4-0). B. 1997 Price Index = Goodland Isles, Inc, Chairman Spagna requested Mr. Wallace to address this item. Mr. Wallace advised that on June 9, 1997, Goodland Horr 11 Isles, Inc. filled ¡j}6 1997 price index application. Again, a presentation was given Hancock Constantine Mlc'Kit O~ Birr! -.,.<.......-.---------. 16G 1 I by Mr. Wallace describing Goodland Isles price index. Several questions from the Authority were addressed at this time. Mr. Schroll moved to approved Final Order No. 97-07 and second by Mr. Bergmann. Motion passed unanimously (4-0). C. October I, 1997 Pass-through Rate Reduction - All Utilities. Mr. Wallace requested that item #8, North Marco Utility Company, be pulled from the agenda due to their recent filling of a price index application. The price index application for North Marco Utility will be presented at next months Authority meeting. There were no objedions from the Authority to pull this item. 1. Eagle Cr~ Utility II, Inc. Motion to approve Final Order No. 97-08 by Mr. Bennett and second by Mr. 5chroJ/. Motion passed unanimously (4-0). 2. Florida Cities Water Com~ny (Golden Gate). Motion to approve Final Order No. 97-09 by Mr. Bennett and second by Mr. SchroJ/. Motion passed unanimously (4-0). 3. Goodl.and Islf?S, loc. Motion to approve Final Order No. 97-10 by Mr. Schroll and second by Mr. Bennett. Motion passed unanimously (4-0). 4. Florida Watel' Sf?rvices Corp. (M.arco Island). Motion to approve Final Order No. 97-11 by Mr. 5chroJ/ and second by Mr. Bergmann. Motion passed unanimously (4-0). s. Florida WalE'r Sf?rvices Corp. (Marco Shorf?S). Motion to approve Final Order No. 97-12 by Mr. Bennett and second by Mr. Bergmann. Motion passed unanimously (4-0). 6. Orange Tree Utility Company. Motion to approve Final Order No. 97- 13 by Mr. Schroll and second by Mr. Bennett. Motion passed unanimously (4-0). 7. Rookery Bay Utility Company. Motion to approve Final Order No. 97- 14 by Mr. SchroJ/ and second by Mr. Bergmann. Motion passed unanimously (4-0). 8. North Marco Utility Company. As previously noted, this item was removed from the agenda. Item V. ExE'CUtivE' Director's RE'port. The Chairman called on Mr. Wallace to give his report. Mr. Wallace advised that on July 22, 1997, the Board of County Commissioners approved an amendment to Ordinance 96-6 which modified the criteria for selection of lay members and members of the Authority. It has come to staff's attention that one of the commissioners is placing this item back on the BCC 03 IbG 1 agenda for July 29, 7997 for discussion for reconsideration. Mr. Wallace will keep the Authority advised as to the actions of the Board regarding this item. The next Authority meeting is scheduled for Monday, August 25, 1997. Chairman Spagna requested that staff send the new County Administrator written information regarding the Authority's meetings and inviting him to attend. Item VI. Authority MemMN Discussion. Mr. Bergmann requested a map of Marco Island detailing the water and wastewater service areas. Mr. Wallace is working with the County's Public Works Department [0 assist him with these maps. Authority members will be provided at next months meeting, a list of rate comparisons of each utility to include the number of customers, type of customers, average usage, rates, ere. Item VII. Adjournment. Mr. Schroll moved to adjourn, second by Mr. Bennett. Motion passed unanimously (4-0). Meeting adjourned at 2:57 PM. O~ _ __ ........____ _.-.n'__~_ --- 1 M 11\ M U " A N It I' M "'UI III... ""."". A.'",I"II.,,,tt,,. Aul.'"n', Ih..,.. Dr (~Dtt"'" ('..m'ltl""'"? Blea Wanace, Utility Reaulatlon ManaKer aad Execu~lve Director, 1':1 / r..tt..... r.....MH .11'....... ..14.. ~110'.."....+....... ".....M......· ~ Transmittal of Minutes - Collier County Water and Wastewater Autbority FROM: SUBJECT: DATE: July 30,1997 Transmitted berewith are the minutes oftbe June 30,1997 meeting oftbe Collier County Water and Wastewater Authority. These minutes were approved at the Authority's regular meeting on July 28, 1997. Direct any questions to me at ext. 7146. 16G 1 I. w. r- , COLLIER COUNTY WATER AND WASTEWATER AUTHORITY Minutes of Regular Meeting Board Meeting Room 3rd Floor, Administration Building 2:00 PM, June 30, 1997 CúPiC5 To: An audio record of the following proceedings is on file witb the Office of Utility Regulation, Suite 203, Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112, Pbone (941) 774-8577. Assistant County Attorney Thomas C. Palmer was present to provide legal advice to the Authority and Utility Regulation Manager and Executive Director of the Authority, D. E. "Bku" Wal!ace was present to represent the Office of Utility Regulation staff. Item I. Call to Order. Chairman George J. Schroll called the meeting to order at 2: 10 p.m., declaring that four members were present, constituting a quorum. Also present were Chairman-elect Dr. Ncno Spagna, Vice Chairman-elect Richard F. Bergmann, and Mr. Robert C. Bennett, Jr. Chairman Schroll immediately passed the gavel to Chairman-elect Spagna, acknowledging Vice Chairman-elect Bergmann. Chairman Dr, Spagna made a few remarks. reiterated the existence of a quorum, and returned to the agenda. Item II. Approval of Minutes. The minutes for April 28, 1997 were approved (4-0) after motion by Mr. Schroll and second by Mr. Bergmann. Item III. Open to tbe Public. Chairman Spagna welcomed guests in attendance and asked if anyone wished to address the Authority. Receiving no response, the Chairman moved to the next agenda item. Item IV. Items Requiring Action by the Authority. The Chairman asked Mr. Wallace to address the action regarding the correction of the Rookery Bay Utility service area legal description. Mr. Wallace presented the item, citing the previous discovery of the error by the Florida Public Service Commission. Wallace recommended the Authority adopt Final Order No. 97-04 correcting the legal description. Motion was made by Mr. Schroll to accept the staff recommendation and approve Final Order No. 97-04. The motion was seconded by Mr. Bergmann and passed unanimously (4-0). The Chairman announced the next item regarding the administrative amendment of the wastewater service territory of Florida Water Services Corporation (Marco Island). The Chairman requested Mr. Wallace address this item. Wallace rendered his report on this action and responded to questions from Mr. Bergmann and Mr. Schroll. After discussion, Mr. Bennétt ~Ved to adopt Final Order No. 97-05 and was seconded by Mr. Schroll. Th... .....t;v" p ...<1 .."animously (4-0). Non" 11 Hancock Constlntine / Mðc'Kie ~ Oer"y --- ------- 16G 1 V. Executive Director's Report. The Chairman called on Mr. Wallace to give his report. Wallace advised that he had forwarded a letter of appreciation to Mr. Clarence Tiers of the Big Cypress Basin for his presentation at the last Authority meeting in Apri1. Wallace reported on the status of Mr. French's vacancy on the Authority. He stated that the vacancy for a lay position had been advertised for two months; that one candidate's request had been presented to the Board of County Commissioners in early June. The Board did not select the candidate, directing stafTto modify the ordinance regarding the selection criteria for lay members and preferred experience in engineering, business, and/or utility management experience. Wallace advised that the proposed ordinance amendment has been completed and will be scheduled for public hearing on July 21, 1997 for the Board's consideration of the amendatory language. Wallace stated that the existing lay member, Mr. Bergmann, would not be affected by the change. Wallace briefed the Authority on the budget related events occurring in May and June, advising that the Office of Utility Regulation budget for Fiscal Year 1998 had been approved by the Interim County Manager and the Board of County Commissioners on June 23, 1997. He stated that it was his intention to involve the Authority in the budget process next year starting in late January. Chairman Spagna suggested that a membcr be assigned to assist staff in the development of the budget for next year. Wallace then made a PowerPoint slide presentation regarding the Mission Statement of the Office of Utility Regulation, recited the list of regulated utilities, reduction of the Regulatory Assessment Fee from 4.5% to 3.0%, and how the reduction impacts customcr rates and the FY 98 Budget for the Office of Utility Regulation. Wallace fielded questions throughout the presentation. VI. Authority Members Discussion. Chairman Spagna called on each member for discussion items. Mr. Bergmann addressed the Florida Water Services Corporation letter included in the Administrative Amendment of the Marco Island wastewater service area and their apparent interest in providing service to the Isle of Capri. Wallace provided an explanation that the wastewater territory in question is part of Collier County's Water and Sewer District. Shou1d Florida Water seek to add the Isle of Capri area to their service territory, they have been advised that a formal application for territorial expansion must be submitted to the Authority. The application would be routinely staffed through Collier County Public Works for their recommendation. The Public Works recommendation would be considered by the Authority prior to any approval or denial of the expansion. Mr. Bennett announced that there was an interesting article regarding the dangers of chlorine use in a recent issue of Time magazine. A short discussion ensued. Chairman Spagna reiterated that the next meeting would be on July 28, 1997 and extended his thanks to Mr. Schrol1 for his successful tenure as chairman. ~-,.,."._<-- 16G l' . . . . VII. Adjournment. There being no further business before the Authority, Mr. Bennett moved to adjourn, seconded by Mr. Bergmann; motion was approved unanimously (4-0). The meeting was adjourned at 3:02 p.m. -..-.-.-.--- ., DATE: Thursday, September 04, 1997 TO: FROM: RE: Board of Collier County Commissioners Mary W. Morgan, Supervisor of Elections Marco Incorporation (' - " r ,r r, .-, I"···' Transmitted herewtth, is the amended CertifICate of the Collier County Canvassing Board for the Marco Island Incorporation Mail Ballot Election. The City of Marco Island Election for mayor and city council members will take place on Thursday, November 6, 1997. If you have any questions, please feel free to contact my office. Mise. Corres: oate:1~0\Q~ ltem#l \ \, .G. . Copies To: -.--.-..--- ......~"'-~......----_ __4 -- --_...-~ -'...-.".' IbG'11 AMENDED CERTIFICATE OF COLLIER COUNTY CANVASSING BOARD State of Florida Collier County We, the undersigned, Cynthia Ellis, County Judge; Mary W. Morgan, Supervisor of Elections; and Tim Hancock, Chairman, Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 28th day of August, A.D., 1997, and proceeded publicly to canvass the HB 1729 Marco Island Incorporation votes given as herein specified at the Mail Ballot Election held on the 2.&b day of August, A.D., .1S.9.1 as shown by the returns on file in the office of the Supervisor of Elections. We conducted a [~count on September 3. 1997. After the recount, we do hereby certify from said returns as follows. Of the total ¿ .36 J votes cast on HB 1729 in this election, -" I 33 were FOR the Incorporation of Marco Island per HB 1729; 2.cr5Z were AGAINST the Incorporation of Marco Island per HB 1729. Cy Timothy ncock, Chairman Board of County Commissioners ~1L}..1h~ Mary W organ, Supervisor f Elections Of the 8,932 eligib)e Marco voters at the 2130/97 registration book closing, ,~O participated for a ~% voter turnout. ,:\ 1230AT A\MAACO -'SI.7MA...."7C-'HVS.QW . ~. ...... .... - .P........· .-.__._-~_... ·. 16G 11 SECTION 9.32. ~rporate Existence and Main~enance of Pro~ertie~. For so long as any Bonds are Outstanding hereunder, unless otherwise provided by the Act, the Issuer shall maintain its corporate existence as a local unit of special purpose government under the Act and shall provide for or otherwise require the Project, and all parts thereof owned or operated by the Issuer to be (a) continuously operated, repaired, improved and maintained as shall be necessary to provide adequate service to the lands benefitted thereby; and (b) in compliance with all valid and applicable laws, acts, rules, regulations, permits, orders, requirements and directions of any competent public authority. SECTION 9.32. ~tinuin9 Disclosure. The Issue:::- shall comply with the requirements of the United States Securities and Exchange Commission Rule 15c2-12, or its successor, with respect to continuing disclosure and in accordance therewith shall provide the follo~ing information to each }~~SIR: (a) within 180 days after the end of each Fiscal Year of the Issuer and to the extent available, the audited financial statements of the Issuer for such Fiscal Year prepared in acco~dance with generally accepted governmental accounting p:dniples, as modified by applicable State of Florida :requirements and governmental accounting standards p~ornulgated by the Government Accounting Standa::-ds Board; (b) within 180 days after the end of each Fiscal Year of the Issuer, financial information and operating data with respect to the Bonds: (i) the balances in the Funds and Accounts; (i i) the assessed value of the Issuer land, if available; provided, however, that the Issuer may rely upon the records of the Property Appraiser for such infonnation; (iii) the amount of Special Assessments levied on the specially benefited land, as certified by the Issuer to the Tax Collector or other collection agent during such Fiscal Year; (i v) the amount of Pledged Revenues collected during such Fiscal Year; (v) the amount of delinquent Special Assessments during such Fiscal Year, if available; (vi) the dollar amount of tax cert i f icates in respect to the Special Assessments during such Fiscal Year, if available; - 63 - GTK\HARRIS\157B4.01\11/26/96 16G 1 . (vii) a schedule of the debt service for the remaining term of the Bonds; (viii) the percentage of the proj ect that has been completed with the proceeds of the Bonds as of such Fiscal Year; and (ix) determination in Project. any materially adverse change any perJ:Tli t or approval relat ing to or the (c) in a timely manner, notice of any of the following events, if material: (i) any principal delinquency on the Bonds; and interest payment (ii) any nonpayment default on the Bonds; -. (iii) any unscheduled draws on the Debt Service Reserve Account reflecting financial difficulties; (iv) any unscheduled draws on any credit enhancement reflecting financial difficulties; (v) any substitution of credit or liquidity providers or their failure to perform; (vi) any adverse tax opinions or eve:1ts affecting the tax exempt status of the Bonds; (vii) any modification to the rights of Holders; (viii) any calls on the Bonds (other than mandatory sinking fund or extraordinary redemption); (ix) any defeasance of the Bonds; (x) any release 1 substitution or salf~ of any item of the Trust estate; (xi) any change in the rating of the Bonds; (xii) any failure on the part of the Issuer to comply with tÌ1e req,.lÍrements of clause (a) or (b) above. [END OF ARTICLE IX] -, .- 64 - GTH\P~I5\j5784,Ol\11/26/96 16G 1 J ARTICLE X EVENTS OF DEFAULT AND REMEDIES SECTION 10.01. ~ts of Default and Remedie~~. Events of default and remedies with respect to the Bonds shall be as set forth in this Article X. SECTION 10.02. Eyents of Qefault Defined. Each of the following shall be an "Event of Default" under the Indenture: (a) if payment of any installment of interest on any Bond is not made when it becomes due and payable; or (b) if pa:.rment of the principal or Redemption Price of any Bond is not made when it becomes due and payable at maturity or upon call or presentation for redemption; or (c) if the incapable of ful fill ing under the Act; or Issuer, for any reason, its obligations under the is rendered Indenture or (d) if the Issuer proposes or makes an assignment for the benefit of creditors or enters into a composition agreement with all or a material part of its creditors, or a trustee, receiver, executor, conservator, liquidatür, sequestrator or other judicial representative, similar or dissimilar, is appointed for the Issuer or any of its assets or revenues, or there is commenced any proceeding in 1 iquidation, bankruptcy, reorganization, arrangement of debts, debtor rehabilitation, creditor adju3tment or insolvency, local, state or federal, by or against the Issuer and if such is not vacated, dismissed or stayed on appeal \~ithin ninety (90) d3YS; or (e) if the Issuer defaults in the due and punctual performance of any other covenant in the Indenture or in any Bond issued pursuant to the Indenture and such default continues for sixty (60) days after written notice requiring the same to be remedied shall have been given to the Issuer by the Trustee, which may gi~e such notice in its discretion and shall give such notice at the written request of the Holders of not less than a majority in aggregate principal amount of the Outstanding Bondsj provided, howE:ver, 'chat if such performance requires work to be done I actions to be taken, or conditions to be remedied, which by their nature cannot reasonably be done, taken or remedied, as the case may be, within such sixty (60) day period, no Event of Default shall be deemed to have occurred or exist if, and so long aH thl! Issuer shall commence such performance within such sixty (60) day period and shall diligently and continuously prosecute the same to corr.pletion. - 65 - GTH\HARRlS\15784.01\11/26/96 16G Ló SECTION 10.03. No Acceleration. No Bonds issued under this Indenture shall be subject to acceleration. SECTION 10.04. Leaal Proceedings by Trustee. If any Event of Default with respect to the Bonds has occurred and is continuing, the Trustee, in its discretion may, and upon the written request of the Hclders of not less than a majority of the aggregate principal amount of the Outstanding Bonds and receipt of indemnity to its satisfaction shall, in Lts own name: (a) by mandamus, or other suit, action or proceeding at law or in equity, enforce all rights of the Holders of the Bonds, including, without limitation, the right to require the Issuer to carry out any agreements with, or for the benefit of, the Bondholders of the Bonds and to perform its or thei~ duties under the Act; (b) bring suit upon the Bonds; (c) by action or suit in equity require the Issuer to account as if it were the trustee of an express :.rust for the Holders of the Bonds; (d) by action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the Holders of the Bonds; and (e) by other proceeding in law or equity, exercise all rights and remedies provided for by any other document or instrument securing the Bonds. SECTION 10.05. Discontinuance of Proceedin9s by Tru~~. If any proceeding taken by the Trustee on account of any Event of Default is discontinued or is determined adversely to the Trustee, the Issuer, the Trustee, the Paying Agent and the Bondholders shall be restored to their former positions and rights hereunder as though no such proceeding had been taken. SECTION 10.06. Bondholders May Direct Proceedinga. The Holders of a majority in aggregate principal amount of the Outstanding Bonds then subject to remedial proceedings under this Article X shall have the right to direct the method and place of conducting all remedial proceedings by the Trustee under the Indenture, provided that such directions shall not be otherwise than in accordance with law or the provisions of the Indenture. SECTION 10.07. Limi tations on Actions by Bondholders. No Bondholder shall have any right to pursue any remedy hereunder unless (a) the Trustee shall have been given writte" no~ice 0: an Event:. of Dèf:a.·,llt, (b) the Hcldel's of a: least a T':1a~ :)rity of ::,r.e - 66 GTH\PARRIS\15734,Ol\11/26/96 16G 1 aggregate principal amount of the Outstanding Bonds shall have requested the Trustee, in writing, to exercise the powers herein- above granted or to pursue such remedy in its or their name or names, (c) the Trustee shall have been offered indemnity satis- factory to it against costs, expenses and liabilities, and (d) the Trustee shall have failed to comply with such request within a reasonable time. SECTION 10.08. Trustee May Enforce Rights Without Possession of Bonds. All rights under the Indenture and the Bonds may be enforced by the Trustee without the possession of any of the Bonds or the production thereof at the trial or other proceedings rela- tive thereto, and any proceeding instituted by the Trustee shall be brought in its name for the ratable benefit of the Holders of the Bonds. SECTION 10.09. Remedies Not Qclusive. Except as limited under Section 15.01 of this Indenture, no remedy contained in the Indenture is intended to be exclusive of any other remedy or remedies, and each remedy is in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. SECTION 10.10. ~elays and Omissions Not to Impair Rights. No delay or omission in respect of exercising any right or power accruing upon any Event of Default shall impair such right or power or be a waiver of such Event of Default, and every remedy given by this Article X may be exercised from time to time and as often as may be deemed expedient. . SECTION 10.11. Application of Moneys in Event of~~. Any moneys received by the Trustee or the Paying Agent, as the case may be, in connection with any proceedings brought under this Article X with respect to the Bonds shall be applied: (a) to the payment of the unpaid fees and costs of the Trustee and Paying Agent incurred in connection with actions taken under this Article X with respect to ~he Bonds, including counsel fees and any disbursements of the Trustee and the Paying Agent. (b) unless the principal of all the Bonds shall have become or shall have been declared due and payable: FIRST: to payment of all installments of interest then due on the Bonds in the order of maturity of such installments of interest, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to thE; persons entitled thereto, without any preference or priority o~ one installment of interest over any other installment; and - 67 - GTH\HARRIS\157B4,Ql\11/26/96 16G 1 SECOND: to payment to the persons entitled thereto of the unpaid principal or Redemption Price of any of the Bonds which shall have become due in the order of their due dates, with interest on such Bonds from the respective dates upon which they become due and, if the amount available shall not be sufficient to pay in full the principal or Redemption Price coming due on such Bonds on any particular date, together with such interest, then to the payment ratably, according to the amount of principal due on such date, to the persons entitled thereto without any preference or priority of one such Bond over another or of any installment of interest over another. (c) If the principal of all Bonds shall hav,~ become or shall have been declared due and payable, to the payment of principal or Redemption Price (as the case may be) and interest then owing on the Bonds and in case such moneys shall be insufficient to pay the same in full, then to the payment of principal or Redemption Price and interest ratably, without preference or priority of one Bond over another or of any installment of interest over any other installment of interest. Any surplus remaining after the payments described above shall be paid to the Issuer cr to the Per~on lawfully entitled to receive the same or as a court of competent jurisdiction may direct. SECTION 10.12. Trustee's Right to Receiver: Çc~iance with ~. The Trustee shall be entitled as of right to the appointment of a receiver and the Truste!~, the Bondholders and any receiver so appointed shall have such rights and powers and be subject to such limitations and restrictions as are contained in the Act and other applicable law of the State. SECTION 10.13. Trustee and Bondholders Entitled to all Remedies under Ac~. It is the purpose of this Article to provide such remedies to the Trustee and Bondholders as ffiay be lawfully granted under the provisions of the Þct and other applicable laws of the State; if any remedy herein granted shall be held unlawful, the Trustee and the Bondholders shall nevertheless be entitled to every other remedy provided by the Act and other applicable laws of the State. It is further intended that, insofar as lawfully possible, the provisions of this Article X shall apply to and be binding upon any receiver appointeà in accordance with Section 10.12 hereof. [END OF ~~TICLE X] - 58 - GTH\hARRIS\J5764,Ql\11/26/96 1 6G .11 ARTICLE XI THE TRUSTEE; THE PAYING AGENT AND REGISTRAR SECTION 11.01. Acce~tance of Trust. The Trustee accepts and agrees to execute the trusts hereby created, but only upon the additional terms set forth in this Article XI, to all of: which the parties hereto and the Bondholders agree. The Trustee shall act as Trustee for the Bonds. The Trustee further agrees to comply with the procedures and covenants contained in any arbitrage rebate agreement applicable to it for so long as compliance is necessary in order to maintain the exclusiori from gross inc~ne for federal income tax purposes of interest on the Bonds, 1:0 the extent applicable. SECTION 11.02. ~pQ~sibility for Recitals. The recitals, statements and representations in the Indenture or in the Bonds, save only the Trùstee's Certificate, if any, upon the Bonds, have been made by the Issuer and not by the Trustee and the Trustee shall be under no responsibility for the correctneSf¡ thereof. SECTION 11.03. Trustee Mav Act Through Agents: ~~rable On~ fur Willful Misco.ndJ.¡,çt or Negligence. The Trustee may execute any powers hereunder and perform any duties required of it through attorneys, agents, officers or employees, and shall be entitled to advice of Counsel concerning all questions hereunder; the Trustee shall not be answerable for the default or misccnduct of any attorney or agent selected and supervised by it with reasonable care. The Trustee shall not be answerable for the exercise of any disc~etion or power under the Indenture nor for anything whatever in connection wi th the trust hereunder, except only its own negligence or will ful misconduct or breach of it!; obligations hereunjer. SECTION 11.04, Compensation and Indemnity. The Issuer shall pay the Trustee reasonable compensation for its services hereunder, and also all its reasonable expenses 3nd disbursemen:s, and shall indemnify the Trustee against and hold the Trustee harmless from any liabilities which it may incur in the proper exercise and performance of its powers and duties hereunder, except with respect to its own negligence or breach of its obligations hereunder or its willful misconduct. If the Issuer defaults in respect of the foregoing obligations, the Trustee may deduct the amount owing to it from any moneys coming into its hands and payable to the Issuer, and the Issuer hereby grants to the Trustee a lien upon such monies to secure the obligations of the Issuer to the Truste:e hereunder. The provisions of this Section 11.04 regarding compensation, expenses and disbursements shall survive te'!'mination of this Indenture and shall continue t:ì a~ply to the T:;:-ustee for later se¡~.¡ices i.t. may be called u¡::,on bj· the lssu~r to perform 1.11 - 69 - GïH\HARRIS\15784 ,01\11/26/96 16G 1. I connection with administration of the Bonds notwithstanding its removal or resignation. SECTION 11.05. No Dutv to Re~ew Insura~. The Trustee shall be under no duty to effect or to renew any insurance policy nor shall it incur any liability for the failure of the Issuer to require or effect or renew insurance or to report or filE~ claims of 109s thereunder. SECTION 11.06. Notice of Default: Right to Inv~~. The Trustee shall give written notice by first-class mail to registered Holders of Bonds of all defaults known to the Trustee, unless such defaults have been remedied (the term "defaults" for purposes of this Section and Section 11.07 being defined to include the events specified as "Events of Default" in Article X hereof, but not including any notice or periods of grace provided for therein); provided that, except in the case of a default in payment of prin- cipal or interest or Redemption Price, the Trustee may withhold such notice so long as it in good faith determines that such with- holding is in the interest of the Bondholders. The Trustee shall not be deemed to have notice of any default other than a payment default under the Indenture, unless notified in writing of such default by the Holders of at least a majority of the aggregate principal amount of the Outstanding Bonds. The Truf3tee may, how- ~ver, at any time req~ire of the Issuer full informa~ion as to the performance of any covenant hereunder, and if information satis- factory to it is not. forthcoming, the Trustee may make or cause to be made, at the expense of the Issuer, an investiga,tion into the affairs of the Issuer. SECTION 11.07. Obligation to Act on Defaults. The Trustee shall be under no obligation to take any action in respect of any default or otherwise, except a default with respect to the payments of principal or interest or Redemption Price as the same shall become due and payable at redemption or upon maturity, unless it is requested in writing to do so by the Holders of at least a majority of the aggregate principal amount of the Outstanding Bonds which are or would be, upon the taking :::¡f such action, subj ect to remedial proceedings under Article X of this Indent~re if in its opinion such action may tend to involve expense or liability; provided, however, that in no event shall the Trustee be obligated to take any action hereunder unless the Trustee is also furnished with indemnity satisfactory to the Trustee. SECTION 11.08. Reliance by Trustee. The Trustee may act on any requisition, resolution, notice, telegram, facsimile transmission, request, consent , waiver, certificate, statement, affidavit, voucher, bond, or other paper or document or telephone me:'lsage (provided such message shall be p:reser,..-ed in ....Titing by the Tl~stee) which it in good faith t~:ieves to be genuine and to have ::een passed, sig::led Gl: gi'/en 1:::." the pe:cso:1s pu~p::::'t.ing to be - 70 - GTH\HARRIS\15784.01\11/26/95 16G 1 authorized (which in the case of the Issuer shall be a Responsible Officer) or to have been prepareà and furnished pursuant to any of the provisions of the Indenture; the Truste~ shall be under no duty to make any investigati.on as to any statement contained in any such instrument, but may accept the sô,me as conclusive evidence of the accuracy of such statement, SECTION 11.09. Trustee May Deal in Bo~. The Trustee may in good faith buy, sell, own, hold and deal in any 0: the Bonds and may join in any action which any Bondholders may b~ entitled to take with like effect as if th~ Trustee were not a party to the I::1denture¡ provided, however, that in determining whether OWners of the requisite aggr~gate principal amount of Bonds OJtstanding have concurred in any request, demand, õuthorization, direction, notice, consent or waiver under the provisions of the Indenture, Bonds which are held on behalf of the Trustee shall be dinregarded. The Trustee may also engage in or be interested in any financial or other transaction with the Issuer; provided, however, that if the Trustee determines that any such relation is in cor-fliet with its duties under the Indenture, it shall eliminate the conflict or resign as Trustee. SECTION 11.10. Construction ot Ambiguous PrcY.Ls.i..on.a.. The Trustee may construe any ambiguous or inconsistent provisions of the Indenture, and except as otherwise provided in Article XIII of this Indenture, any construction by the Trustee shall be binding upon the Bondholders. The Trustee shall give prompt notice to the Issuer of any intention to make such construction. SECTION 11.11. ~ignaLiQn of T~~. The Trustee may resign and be discharged of the t~JstG created by the Indent~re by writ~en :reaignacion filed ,oJith the Secr(;tary of the Issuer not less than sixty (60) days before the date when such resignation is ~o take effect; provided, however, that (i) if any Outstanding Bonds are n~: registered Bonds, notice of such resignatioIl is published at least once a week for three (3) consecutive calendar weeks in at least one Authorized Newspaper, the f~rst publication to appear not less than three (3) weeks prior to the date ....·hen the resiqnation is to take effect; and that (ii) if any Outstanding Bonds are regis- tered Bonds, notice of such resignation shall be sent by first- class mail to each Bondholder as its name and address appears on the Bond Register and to any Paying Agent, Registrar and Authenti- cating Agent at least sixty (60) days before the resignation is to take effect. Such resignation shall take effect on the day speci- fied in the Trustee I s notice of resignation unless a successor Trustee is previously appointed, in which event the resignation shall take effect immediately on the appointment of such successor; provided, however, that notwithstanding the foregoing, such resignation shall not take effect until a sl..lccessor Trustee has been appointed. I f a succe.sscr Trustee has not bE,en appointed within ninety (90) days after the T:rustee has given Áts notice of - 71 - GTH\HARRIS\15ïB4,Ql\11/26i96 lbl:i .A resignation, the Trustee may petition any court of competent jurisdiction for the appointment of a temporary successor Trustee to serve as Trustee unt il a successor Trustee has been duly appointed. Notice of such resignation shall also be given to any rating agency that shall then have in effect a rating on any of the Bonds. SECTION 11.12. Remoyal of Truste~. The Trustee may be removed at any time by either (a) the Issuer, if no default exists under the Indenture, or (b) an instrument or concurrent instruments in writing, executed by the Owners of at least a majority of the aggregate principal amount of the Bonds then Outstandinç¡ and filed with the Issuer. A photographic copy of any instrument or instru- ments filed with the Issuer under t.he provisions of this paragraph, duly certified by a Responsible Officer, shall be delivered promptly by the Issuer to the Trustee and to any Paying Agent, Registrar and Authenticating Agent. The Trustee may also be re!T\oved at any time for any breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any provision of the Inden- ture with respect to the duties and obligations of the Trustee by any court of competent jurisdiction upon the application of the Issuer or the Holders of not less than a majority of the aggregate principal amount of the Bonds then Outstanding. SECTION 11.13. A:p¡:¡ointment of Successor TruE:.t..e...e.. If the Trustee or any successor Trustee resigns or is removed or dis- solvp.d, or if its property or business is taken und,=r the control of any state or fedel-al court or administrative body, a vacancy 8hall forth\'lÌth exist in the office of the Trustee, and the Issuer shñll appoint a S'JCCe5S0r élnd (i) if a:1Y Crùtstanding Bonds are not registel-ed bonds, shall publi!Jh notice of such appointment in an Authorized Ne,.¡spaper and (ii) if auy Outstanding Bonds are regi6ter~d Bonds, shall mail noticp. of $uch appointr~ent by first- class mail to each Bondholòer as its name and address app~ar on the Bond Regi ster, and to the Paying Agent, Registrar and A,uthenticating Agent and any rating ë.gency that shall then have in effect a rating on any of the Bonds. If no appointment of a successor Tr..lstee shall be made pursuant to the foregoing provisions of this Indenture prior to the date specified in the notice of resignation or removal as the date when such resignation or removal was to take effect, the Holders of a majority in aggregate principal amount. of all Bonds then Out.standing may appoint a successor Trustee. SECTION 11.14. Oualification of Trustee shall be a national bank with trust company with trust powers. having surplus of at least $50.000,000. Successor. A successor trust powers or a bank or a combined net capital and - 72 - GTH\KAKRIS\15784.01\11/26/95 1 b l:i ... SECTION 11.15. Instruments of Succession. Any successor Trustee shall execute, acknowledge and deliver to the Issuer an instrument accepting such appointment hereunder and thereupon, such successor Trustee, without any further act, deed, or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor in trust hereunder, with like effect as if originally named ~rustee herein except as provided in Section 11.04 hereof. The Trustee ceasing to act hereunder shall pay over to the successor Trustee all moneys held by it hereunder and, upon request of the successor Trustee, the Trustee ceasing to act and the Issuer shall execute and deliver an instrument or instruments prepared by the Issuer transferring to the successor Trustee all the estates, properties, rights, powers and trusts hereunder of the predecessor Trustee. SECTION 11.16. Merger of Trustee. Any corporation into which any Trustee hereunder may be merged or with which it may be con- solidated, or any corporation resulting from any merger or con- solidation to which any Trustee hereunder shall be a party, shall be the successor Trustee under the Indenture, without the execution or filing of any paper or any further act on the part of the parties hereto, anything herein to the contrary not'.rJithstanding; provided, however, that any such successor corporati~n continuing to act as Trustee hereunder shall meet the requirements of Section 11.14 hereof, and if such corporation does not meet ~he aforesaid requirements, a successor Trustee shall be appointed pursuant to this Article XI. SECTION 11.17, Extension of Rights and Duties of Trµstee to Paving AgeI'lt.--and Reaistrar. The provisions of Sections 11.02, 11.03, 11.04, 11.08, 11.09 and 11.10 hereof are hereby made applicable to the Paying Agent and the Registrar, as appropriate, and any Person serving as Paying Agent and/or Regie trar, hereby enters into and agrees to comply with the covenants and agreements of this Indenture applicable to the Paying Agent and Registrar, respectively. It is hereby expressly unde~stood that the Issuer may ~pp()int one or more Persons as Paying Ag€:nt or f'aying Agents for ene or more Series of Bonds. SECTION 11.18, Resigna,t.ion of Eaying Agent or Reçrist..I:.aI:. The Paying Agent or Registrar may resign and be disch~lrged of the duties created by the Indenture by executing an i:1.strument in writing resigning such duties and specifying the da~e when such resignation shall take effect, and filing the same wit}] the Issuer, the Trustee, and any rating agency that shall then have in effect a rating on any of the Bonds, not less than forty-five (45) days before the date specifi~d in such instrument when suc~ resignation shall take effect, and by giving written notice of such resignation not less than three (3) weeks prior to such resignation date to the Bondholders, mailed to their aà¿~esses as s~ch appear in t~e Bc~à Register. Such resignation shall take e:fect çn ~~e èa,~e spec~=~eà - 73 - GTH\KAPRIS\15784,Ql\11/26/96 16G 1 in such instrument and notice, but only if a successor Paying Agent or Registrar shall have been appointed as hereinafter provided, in which event such resignation shall take effect immediately upon the appointment of such successor Paying Agent or Registrar. If the successor Paying Agent or Registrar shall not have b~en appointed within a period of ninety (90) days following the giving of notice, then the Paying Agent or Registrar shall be authorized to petition any court of competent jurisdiction to appoint a successor Paying Agent or Registrar as provided in Section 11.22 hereof. SECTION 11.19. Removal of Paying Agent or Regi..a.t.~. The Paying Agent or Registrar may be removed at any time prior to any Event of Default by the Issuer by filing with the Paying Agent or Registrar to be removed, and with the Trustee, an instrument or instruments in writing executed by the Issuer appointing a suc- cessor, or an instrument or inst~.lments in writing d,=signating, and accompanied by an instrument or appointment by th~ Is~;uer of, such successor. Such removal shall be effective thirty (30) days (or such longer period as may be set forth in such instrument) after delivery of the instrument; provided, however, that no such removal shall be effective until the ßuccessor Paying Agent or Registrar appointed hereunder shall execute, acknowledge and deliver to the Issuer an instrument accepting such appointment hereunder. SECTION 11.20. A¡¿pointment of Successor PayirlS-Agen~ or Reglstrar. In case at any time the Paying Agent or Registrar shall be removed, or be dissolved, or if its property or affairs shall be taken under the control of any state or federal court or adminis- trative body because of insolvency or bankruptcy, or for any other reason, then a vacancy shall forthwith and ~ facto exist in the office of the Paying Agent or Registrar, as the case may be, and a successor shall be appointed by the Issuer; and in case at any time the P~ying Agent or Registrar shall resign, then a succeSDor shall be appointed by the Issuer. After any such appointment, notice of such appointment shall be given by the Issuer to the predecessor Paying Agent or Registrar, the successor Paying Agent or Registrar, the Trustee, any rating agency that shall then have in effect a rating on any of the Bonds, and all Bondholders. Any new Paying Agent or Registrar so appointed shall immediately, and Hithout fur- ther act, supersede the predecessor Paying Agent or Registrar. SECTION 11.21. Qualifications of Successor PayirlS-...Agent ~ Reaistrar. Every successor Paying Agent or Registrar (a) shall be a commercial bank or tn.lst company (i) duly organized under the laws of the United States or any state or territory thereof, (i) authorized by law to perform all the duties imposed upon it by the Indenture and (iii) capable of meeting its obligations here- under, and (b) shall have a corr~ineå net capital and surplus of at least $50,000,000. - 74 - STH\HARR!S\157ß4,Ol\11/26/96 16G 1 SECTION 11.22. Judicial Appointment of SuccessoI~ing Agent Qr Registrar. In case at any time the Paying Agent or Registrar shall resign and no appointment of a successor Paying Agent or Registrar shall be made pursuant to the foregoing provisions of this Indenture prior to the date specified in the notice of resignation as the date when such resignation is to take effect, the retiring Paying Agent or Registrar may forthwith apply to a court of competent jurisdiction for the appointment of a successor Paying Ag~nt or Registrar. Such court may thereupoj1, after such notice, if any t as it may deem proper and prescribe, appoint a successor Paying Agent or Registrar. Notice of suci appointment shall be given by the Successor Registrar or Paying Agent to the Issuer, the Trustee, any rating agency that shall then have in effect a rating on any of the Bonds, and all Bondholders. In the absence of such an appointment, the Trustee shall become the Registrar or Paying Agent, or and shall so notify th~ Issuer, any rating ageúcy that shall have issued a rating on the Bonds, and all Bondholders. SECTION 11.23. Acceptance of Duties by Successor~.ng Agent pr Registrar. Any successor Paying Agent or Registrar shall become duly vested with all the estates, property, rights, powers, duties and obligacions of its predecessor hereunder, with like effect as if originally named Paying Agent or Registrar herein. Upon request of such Paying Agent or Registrar, such predecessor Paying Agent or Registrar and the Issuer shall execute and deliver an instrument transferring to such successor Paying Agent or Registrar all the estates, property, rights and powers hereunder of such predecessor Paying Agent or Registrar and such predecessor Paying Agent or Registrar shall pay over and deliver to the successor Paying Agent or Registrar all moneys and other assets at the time held by it hereunder. SECTION 11.24. S\.¡c;cesso:!;' by Merger or Consolid..ât.JJ;;:n. Any corporation into which any Paying Agent or Registrar hereunder may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which any Paying Agent or Registrar hereunder shall be a party, shall be the successor Paying Agent or Registrar under the Indenture without the execution or filing of any paper or any further act on the part of the parties thereto, anything in the Indenture to the contrary notwithstanding. [E~~ OF ARTICLE XI) - 75 - GTH\HARRIS\15784,Ol\11/26/96 16G 1 ARTICLE XII ACTS OF BONDHOLDERS; EVID~~CE OF OWNERSHIP OF BONDS SECTION 12.01. Acts of Bondholders: Evidence of Ownership of Bonds. Any action to be taken by Bondholders may be evidenced by one or more concurrent written instruments of similar tenor signed or executed by such Bondholders in person or by an agent appointed in writing. The fact and date of the execution by any person of any such instrument may be provided by acknowledgment before a notary public or other officer empowered to take acknowledgments or by an affidavit of a witness to such execution. Any -3.ction by the Owner of any Bond shall bind all f~t~r.e Owners of the same Bond in. respect of anything done or suffered by the Issu~r, Tr'lstee, Paying Agent or Registrar in pursuance thereof, [Elm OF Þ.RrnC!Æ XII] - 76 - GTH\HARRIS\157B4,Ql\11/26/96 16G l' ARTICLE XIII AMENDMENTS AND SUPPLEMENTS SECTION 13.01. Amendments and Supplements Without~ldholders' çonsent. This Indenture and any then existing inde~ture supple- mental hereto may be amended or supplemented, from time to time, without the consent of the Bondholders, by a supplemental indenture authorized by a Certified Resolution of the Issuer filed with the Trustee, for one or more of the following purposes: (a) to add additional covenants of the Issuer or to surrender ñny right or pow~r herein conferred upon the Issuer; (b) for any purpose not inconsister.t with thE~ terms of this Indenture, or to cure any ambiguity or to cure, correct or supplement any defective provision (whether because of any inconsistency with any other provision hereof or otherÑise) of this Indenture, in such manner as 6twll not impair the 6ecurity hereof or thereof or adverD,=l y af feet the rights and remt~dies of the Bondholders; (e) to provid~ for the execution of any and all contracts and other docU1H~nts as may be required J.n order to effectuate the conveyance of any Project to the State, the County or .3,ny department, a.gency or brancfl thereof, or any ether unit of 'government of t::'e St;;¡·,:Po or- the Count.y; provided, howe··,:er, that the Issuer shall have caused to be delivered to the Trustee an opinion of Bond Counsel stating that such conveyance shall not impair the security hereof or adversely affecc the rights and remedies of the Bondholders; and (d) to provide for the issuance of Refundinq Bonds. SECTION 13.02. Arnendments With Bondholders I Cor.sen1;'. This Indenture may be amended from time to time as set forth below, except with respect to (a) the interest or principal payable upon any Bonds, Ib) the dates of maturity or redemption p~ovisions of any Bonds, (c) this Article XIII and (d) the securit:1 provisions hereunder or under any indenture supplemental hereto, by a supplemental indenture approved by the Owners of at least a majority in aggregate principal amount of the Bonds then Outstanding; provided, however, that no amendment shall be made which adversely affects one or more but less than all Series of Bonds without the consent of the Owners of at least a majority in aggregate principal amount of the then Outstanding Bonds of each Series so affected, and no amendment shall be made which affects the rights of some but less than all of the Outstanding Bonds of each Series so aff ected. Amendment s '....i th respect to i tE!mS (a), (b) I (c) and (d) of this Section 13.02 shall be effected only with -, - 77 - GïH\HARRIS\15784,Ql\11/26/96 16G J. the consent of Owners of all Outs'..:anding Bonds of each Series affected by such amendments, SECTION 13.03. Trustee Authoriz~d to Join in A~nents and S~pplementH: Reliance on Counsel. The Trustee is authorized to join in the execution and delivery of any supplemental indenture or amendment permitted by this Article XIII and in so d.oing may request and rely on a written opinion of Couns(Ü that such supplemental indenture or amendment is so permitted and has been duly authorized by the Issuer and that all things neCE)SSary to make it a valid and binding agreement have been done. [END OF ARTICLE XIII) - 78 - GTH\HARRIS\15784,Ql\11/26/96 16G .1 ARTICLE XIV DEFEASANCE SECTION 14.01. Dp.feasanc~. When interest on, and principal or Redempt ion Price (as the case may be) of, the Bonds ·:>r any portion thereof to be defeaaed have been paid, or there shall have been deposited with the Trustee or such other escrow agent designated in a Ce::-tified Resolution of the Issuer (the "Escrow l\gent") moneys sufficient, or Defeasance Securities, the principal of and interest on which, when due, together with any moneys, remaining uninvested, will provide sufficient moneys to fully pay (i) such Bonds or por- tion thereof to be defeased, and (ii) any other sums payable here- under by the Issuer, the right, title and interest of the Trustee with respect to such Bonds or portion thereof tc be defeased shall thereupon c~ase, the lien of the Indenture on the Pledged Revenues, and the Funds and Accounts established under this Indenture shall be defeased and discharged, and the Trustee, on demand of the Issuer, shall release the Indenture as to such Bonds or portion thereof to be so defeased and shall execute such doct:iments to evidence such release as may be reasonably required by the Issuer and shall turn over to the Issuer or to such Pe'~son, body or authority as may be entitled to receive the same all balances remaining in any Funds and Accounts upon the defeasan:e in whole of all of the Bonds. SECTION 14.02. ~~t of F~nds for Payment of F.~. If the Issuer deposits with the Escrow Agent moneys sufficient, or Defeasance Securities, the principal of and interest on which, when due, together with any moneys remaining uninvested, will, as confirmed by a verification report, provide sufficient moneys to pay the principal or Rede~ption Price of any Bonds becoming due, either at maturi~y or by redemption or otherwise, together with all interest accrui~g thereon to the date of maturity or 8~ch prior redemption, and reimburses or causes to be reimburs~d or' pays or causes to be paid the other amounts required to be reim.bursed or paid under Section 14.01 hereof, interest on such Bonds shall cease to accrue on such date of mat.urity or prior redemption and all liability of the Issuer with respect to such Bonds shall likewise cease, except as hereinafter provided; provided, however, that (a) if any Bonds are to be redeemed prior to the maturity thereof, notice of the redemption thereof shall have been duly given in accordance with the provisions of Section 8.02 hereof, or irrevocable provision satisfactory to the Trustee shall have been duly made for the giving of such notice, and (b) in the event that any Bonds are not by their terms subj ect to redempti:m within the next succeeding sixty (60) days following a deposit of moneys with the Escrow Agent, in accordance with this Section, the Issuer shall have given the Escrow Agent / in fo:-m satisfactory to the Escrow Agent, irrevocable instructiocs to mail to the Owners of such Bonds - 79 - GTH\HARRrS\157g4,Ol\11/26/9ó 16G 2. I at their addresses as they appear on the Bond Register, a notice stating that a deposit in accordan~e with this Sectio~ has been made with the Escrow Agent and that the Bonds to which such notice relates are deemed to have been paid in accorda,nce with this Section and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal or Redemption Price (as the case may be) of, and interest on, said Bonds. Thereafter such Bonds shall be deemed not to be C~tstanding hereunder and the Owners of such Bonds shall be restricted exclu- sively to the funds so depositeà for any claim of whatsoever nature with respect to such Bonds, and the Escrow Agent shall hold such funds in trust for such Owners. Upon request of the Trustee, the Issuer shall obtain an opinion of a law firm with expertise in the field of tax-exempt municipal bonds that, upon payment or provision for payment as aforesaid of the Bonds to be paid, the same shall no longer be deemed Outstanding. Money so deposited with the Escrow Agent which remains unclaimed t.hree (3) years after the date payment thereof becomes due shall, Ilpon request of the Issuer, if the Issuer is not at the time to the kno~leåge of the Bscrow Agent in defaul~ with respect to any cov~nant in the Indenture or the Bonds contained, be paid to the Issuer; and the C1;mers of the Bonds for which the dt!posit was made shall thereafter be limited to a claim against the Issuer; provided, however, that the Escrow A,gent, before making payment to the Iaauer, may, at th~ expense of the Iasuer, cause a notice to be publi shed in an Aut:horized New~3paper, stating that the money remaining unclaimed will be returned to the Issuer after a speci- fÜ:è, date. (END OF ARTICLE XIV] - 80 - GTH\HARRIS\15784,Ol\11/26/96 16G 1 ARTICLE x:v MISCELLANEOUS PROVISIONS SECTION 15.01. Limitations on Recourse. No persomÜ recourse shall be had for any claim based on the Indenture or the Bonds against any member of the Board of the Issuer I officE~r, employee or agent, past, present or future, of the Issuer or of any successor body as such, either directly or through the Issuer or any such successor body I under any constitutional provision, E:tatute or rule of law or by the enforcement of any assessment or penalty or othenodse. The Bonds are payable solely from the Pledged Revenues, and any other moneys held by the Trustee under the Inde~ture for such purpose. There shall be no other recourse unr:ler t.he Bonds, the Indenture or otherNise, against the Issuer or any other property now or hereafter owned by it. SECTION 15.02. j?a:i1TIent Dates. In any case whe~:-e an Interest Payment Date or the maturity date of the Bonds or t~he date fixed for the redemption of any Bonds shall be other than a Business Day, then payment of interest, principal or Redemption Price need not be made on such date but may be made on the next succeeding Business Day, with the same force and effect as if made on the due date, and no interest on such payment shall accrue for the period .after such due date if payment is made on such next succeeding Business Day. SECTION 15.03. :lliL.E.ights Conferred on Others. Nothing herein contained shall confer any right upon any Person other' than the Qarties hereto and the Holders of the Bonds. SECTION 15.04. Illegal PrÇJ"lisions D;sre9ax~. If any term of the Indenture or' the Bonds or the application thereof for any reason or circumstances shall to any exteDt be held invalid or unenforc~able, the remaining provlsions or the application of such ~erms or provisions ta Persons and situations other than those as to which it is held invalid or unen!o~ceable, shall not be affected therecy, and each term and provision hereof and thereof shall not be valid and enforced to the fullest extent permitted by law. SECTION 15.05. .s.1Jbstitute t-tQtice. If for any reason it shall be impossible to make duplication of any notice required hereby in a newspaper or newspapers, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute a sufficient publication of such notice. SECTION 15.06. Notices. Any notice, demand, direction, request or other ~nstrument authorized or required by the Indenture to be given to or filed with the Issuer or the Trustee shall be - 81 - GTH\HARRIS\15784 ,01\11/26/96 16G .1 deemed to have been sufficiently given or filed for all purposes of the Indenture if and when personally delivered and rec(~ipted for, or sent by registered United States mail, return receipt requested, addressed as follows: (a) As to the Issuer - Heritage Greens Community Development District 10300 N.W. Eleventh Manor Coral Springs, Florida 33071 Attention: District Manager (b) As to the Trustee - First Union National Bank of Plorida First Union Financial Center, 14th Floor Corporate Trust Department [FL 6065] 200 South Eiscdyne Boulevard Miami. Florida 33131 AtteDtion: Vivian C. Cerecedo þ..ny of the foregoing ,11ay. by notice sent to each of the others. designate a di fferent or additional address to which notices uDder the Indenture are to be sent. All documents received by the Trustee under the provisions of the Indenture and not required to be redelivered shall be retained in its possession. subject at all reasonable times to the inspection of the Issuer. any Consultant, any Bondholder and the agents and representatives thereof as evidence in writing. SECTION 15.07. 1:o.ntJ:cll ing Law. The Indenture shall be governed by and construed in accordance with the laws of the State. SECTION 15.08. S,uccessors a~d Assign:;;. All the covenants, promises and agreements in the Indenture contained by or on behalf of the Issuer or by or on behalf of the Trustee shall bind and inure to the benefit of their respective successors and assigns, whether so expressed or not. SECTION 15.09. Headings for Convenience Only. The table of contents and descriptive headings in the Indenture are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. SECTION 15.10. Counterparts. This Indenture may be executed in any number of counterparts. each of which when so executed and delivered shall be an original; but such counterparts shall together constitute but one and the same instrument. - 82 - GTH\~ARRIS\15784.01\11/26/96 16G 1 SECTION 15.11. A~pendj ceL...a.D.d Exhibit..s. Any and all appendices or exhibits r~ierred to in and attë:ched to this Indenture are hereby incorporat~d herein and made a part hereof for all purposes. IN WITNESS rfrlEREOF, Heritage G.r:eens Community Developrr,ent District has caused thio Indenture to be executed by the Chairman of its Board and ita corporate seal to be her~unt() affixp.d, at teRte:d by t.he Secretary or Assistant Secretary of ita Board and First Union National Eank of Florida has caused this Indenture to be executed by on~ of its Vic~ Presidents and its Real to be h~re'mto affixed, attested by ar. uuthorized officer, all aa of the day and year first a.bove written. HERITAGE GREENS COM!ŒNITY DEVELOPMENT DIS'IRIC'l' [SEAr..] A.ttest: By:___ Chairman, Boarj of Supervisors Secretary, Board of Supervisors FIRST UNION FLORIDA, as Agent anà Registrar NATIJNAL Trustee, BANK OF Paying [SEAL] By: Authorized Officer STATE OF FLORIDA SS: COUNTY OF On this day of , 199__, before me, a notary public in and for the State and County aforesaid, personally appeared and , Chairman and Secretary, respectively, of the Board of Supervisors of Heritage Greens Community Development. District, who acknowledged that they did sign the foregoing instrument as such officers, respf~ctively I for and on behalf of Heritage Greens Community Development District i that the same is their free act and àeed as such of f icers, respec:ti vely t and the free act and àeed of Heritage -. - 83 - GTH\HARRIS\15784 ,01\11/26/96 16G 1 Gr~ens Community Development District; and that the seal affixed to said instrument is the seal of Heritage Greens Community Development District, that the persons are personally known to me or produced as identification and did/did not take an oath. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written. (Print or type na;ne of Notary) Notary Publ ic, St.3.te of Florida My Commission expires: [NOTARIAL SEAL) '. .. 84 - GTH\HARRIS\15784.Cl\11/26/96 16G 1 STATE OF FLORIDA SS: COUNTY OF On this day of , 199__, before me, a notary public in and--ror the State and County aforesaid, personally ~ppeared Vivian Cerecedo, a vice president, of First Union National Bank of Florida, as Trustee, who acknowledged that shE! did sign said instrument as such officers, respectively, for and on behalf of said cœ:poration¡ that the same is her free act and deed as such officers, and the free act and deed of said corporation; and that the seal affixed to said instrument is the seal of said corporation, who is per~onally known to me or produced identification and who did not take an oath. IN WI~ESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above !;t{ritten. (Print or t~~e name of Notat~) ~otarl Public, State of Florida My Commission eY~ires: [NOTÞ.RIAL S~~ALJ ---.-- - 85 - GTH\HARRiS\15784.01\11/26/96 16G 1 EX1UBIT A LEGAL DESCRIPTION OF HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT The present boundaries of Heritage Greens Community Development District are as follows: THE BOUN"DARIES OF HERITAGE GREENS COMMUNITY DEVELOPME."lT DISTRICT MAY BE EXPANDED OR CONTRl\.CTED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 190, FLORIDA STÞ~ES. A-1 GTH\f~IS\15784,Ol\11/26/96 G11~HARRIS\lS784,Ol\11/26/96 16G J. 4 !XHIllI-U DESC~IPTION OF THE PROJECT B-1 16G 2. ~Xllu..u--.C [FOR."1 OF BOND) TRIS BOND BAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, BASED UPON THE :r,:ŒMPTION FROM REGISTRAT::ON AVAILABLE tmDER SECTION 3(&)(2) THEREOF, AND MAY BE SOLD :>R ()T1mRWISE TRA..~aFE1\.RKD ONLY TO AN - INSTITUTIONAL INV:ESTOR-, AS SUC1[ TERM IS DEFINED IN ACCORDANCE WITH F.ULE 144A PROMULGATED B'{ TE:E UNITED STATES SECURITIES AND EXCHANGE COMMISSION PURSUANT TO 'r.HE 3ECURITES AND EXCBANGE ACT OF 1933 }...ND Q'I'HERW1SE IN ACCORDANCE WJ:TB 'mE PROVISIONS OF THE INDENTURE R'EFER.RZD TO BELOW. PRI01~ TO TRANSFER THE PROPOSED TRANSFEREE MUST FILE WITH THE TRUSTEE J.. CE1tTIFICATE CONFIR.'UNG THE S'I'A'l"US OF TaE TRANSFEREE AS AN INSTJ:TUTIONAL INVESTOR. R- $ UNITED STATES OF Þ..MERICA STATE OF FLORIDA HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT SPECLAL ASSESSMENT BOND, SERIES 199 Interest Rate: t-1aturity Dëtte of Original lß.~~ ~L- \- 1, , 199 Registered Owner: Principal Amount: KNOW ALL PERSONS BY TrESE PRESENTS that Heri :age~ Greens Community Development District (the "Issuer"), for value received, hereby promises to pay to the registered owner sho\ffi ¿lbove or registered assigns, on the date specified above, from the sources hereinafter mentioned, upon p~esentation and surrender hereof at the çorporate trust office of First Union National Bank of Florida, i~ Hiam~, Florida, as pay~~g age~t (sai~ Fir~t V~io~ Natio~al Bank c: Flor.:.c.a, M:'é1mi, Flor:' ~:;. ar.d/or a.ï.y bank or t~~:;t conpany to GTH\HARRIS\15784,Ol\11/26/~ C-l ...vu .. become successor paying agent bei.ng herein called th<2 "Paying I.gent"), the principal sum of DOLLARS ($ ) with interest thereon at the Interest Rate specified above payable oeffil-annually on each May 1 and November 1 ~,hile this Bond is Outstanding, commencing on May 1, 1997. Principal of this Bond is payable at the corporate trust office of Fi:~st Union National Bank of Florida, located in l1iami, Florida, in lawful money of the United States of America. Interest on this Bond is payable by check or draft of the Paying Agent made payable to the registered o'tmer and mailed to the address of the registered owner as such name and address shall appear on the registry books of the Issuer maintained by First Union National Bank of Florida, as Registrar (said First Union Nat ional Bank of Florida and any successor Registrar being herein called the "Registrar") at the close of business on the fifteenth day of the calendar month preceding each interest payment date or the date on ."hich the principal of a Bond is to be paid (the "Rec:nd Date"). Such interest shall be payable from the most recent interest: payment date next preceding the date of authentication hereof to which interest has been paid, unless t~e date of authentication hereof is a May 1 or a November 1 to which interest has been pë,id, in which case from the date of authentication hereof, or unless such date of authentication is prior to May I, 1997, in which case from 1, 1996, or unless the date of authentication hereof is between a Record Date and the next succeeding interest payment date, in which case from such interest payment date. Any such interest not so punctually paid or duly provided for shall forthwith cease to be payable to the registered owner on such Record Date and may be paid to the person in whose name this Bond is registered at the close of business on a Special Record Date for the payment of such defaulted interest to be fixed by the Paying Agent, notice whereof shall be 0iven to Bondholders of record as of the fifth (5th) day prior to such mailing, at their registered addresses, not less than ten (10) days prior to such Special Record Date, or may be paid, at any time in any other lawful manner, as more fully provided in the Indenture (defined below) . REFERENCE IS HEREBY MADE TO THE FURTHER PROVIS:ONS OF THIS BOND SET FORTH O~ THE REVERSE SlUE HEREOF AND SUCH FURTHER PROVISIONS SHALL FOR I...LL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FRONT SIDE HEREOF. THE BONDS ARE LIMITED OBLIGATIONS OF THE ISSUER PAYABLE SOLELY OUT OF THE PLEDGED REVENTÆS PLEDGED THEREFOR UNDER THE INDENTURE AND NEITHER THE PROPERTY, THE FULL FAITH AND CREDIT, THE TAXING POWER, NOR THE POHER TO LEVY ADDITIONAL NON AD VALOREM SPECIAL ASSESSMENTS OF THE ISSUER, COLLIER COUNTY, FLORIDA, THE STATE OF FLORIDA, OR k.~ POLITICAL SUBDIVISION THEREOF, IS PLEDGED AS SECURITY FOR THE PAYMENT OF TEE BONDS, EXCEPT THAT THE ISSUER IS OBLIGATED millER THE INDENTURE TO LEVY AND TO EVIDENCE AND CERTIFY, OR CAUSE TO BE CERTIFIE8, FOR COL~ECTICN, SPECIAL ASS2SSMENTS (AS DEFINED IN THE UiOENTT.JRE) TO SECURE A..~D PAY THE BONDS. TIlE BONDS GTH\HAP~jS\15784.01\11/26/?6 C-2 - DO NOT CONSTI1~E AN INDEBTEDNESS OF THE ISSUER, COLLIER COUNTY, FLORIDA, 1~E STATE OF FLORIDA, OR ANY POLITICAL SUBDIVISION THEREOF WITHIN TrlE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION. This Bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Indenture until it shall have been authenticated by execution of the Trustee, or such other authenticating agent as may be appointed by the Trustee under the Indenture, of the certificate of authentication endorsed hereon. IN WITNESS r."HEREOF, Heritage Greens Community Development District has caused this Bend to be signed by the facsimile signature of the Chairman of its Board of Supervisors and a facsimile of its seal to be imprinted hereon, and at.tested by the facsimile signature of the Secretary of its Board of Supervisors, all as of the date hereof. HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT (SEAL) By: Chairman, Boarà of Supervisors Attest: By: Secretary, Board of Supervisors GTH\HARRIS\15784 ,01\11/26/96 C-3 16G 11 ÇERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within mentioned Indenture. Date of Authentication: Firat Union National Bank of Florida, as Trustee By: Authorized Officer GTH\HARRIS\15784,Ql\11/26/96 C-4 16G 1 (Back of Bond] This Bond is one of an authorized issue of Bonds of Heritage Greens Community Developme:-lt District, a communi1:.y development district duly created, established, organized and existing under Chapter 190, Florida Statutes (the Uniform Community Development District Act of 1980), as amended (the "Act") designated as "Heritage Greens Co~~unity Development District Special Assessment Bonds, Series 199" (the "Bonds"), in the aggregate principal amount of Dollars ($ ) of like date, tenor and effect, except as to number. The Bonds are being issued under authority of the laws and Constitution of the State of Florida, including particularly the Act, for the purpose of (i) planning, financing, acquisition, construction, equipping and installation of certain i~provements permitted under the Act as authorized by the Issuer (the "Project"), (ii) making a deposit into the Debt S(~rvice Reserve Fund in the amount of the Debt Service Reserve Requirem.:!nt, (iii) funding capitalized interest, and (iv) paying the cos:ts of issuance of the Bonds. The Bonds shall be issued as fully registered Bonds in authorized denominations, as set forth in the Indenture. The Bonds are issued under and secured by a Trust Indent\.:,re dated as of , 199 , (the "Indenture"), by and between the Issuer and the Trustee, executed counterparts of which are on file at the corporate trust office of th~ Trustee in Miami, Flo~ida. Reference is hereby made to the Indenture for the provisions, among others, with respect to the custody and appl~cation of the proceeds of the Bonds issued under the Indenture, the operation and application of the Debt Service Fund and other Funds and Accounts (each as defined in the Indenture) charged with and ?ledged to the payment of the principal of, premium, if any, and the interest on the Bonds, the levy and the evidencing and c'~rtifying for collection, of non-ad valoren Special Assessments, the nature and extent of the security for the Bonds, the terms and conditions on which the Bonds are issued, the rights, duties and obligations of the Issuer and of the Trustee under the Indenture, the conditions under which such Indenture may be amended without the consent of the registered o~mers of Bo~ds, the conditions under which such Indenture may be amendeà with the consenL of the reg:~stered owners of a majority in agg¡egate principal amount of the Bonds outstanding, and as to other rights and remedies of the registered owners of the Bonds. The registered owner of this Bond shall have no right to enforce the provisions of the Indenture or to institute action to enforce the covenants therein, or to take any action with respect to any event of default under the Indenture or to institute, appear in or defend any suit cr other proceeding with respect thereto, except as provided in the Indenture. Notwithstanding the fC~~joi~S, a~y r€~:ster¿~ 0WD~r c: :his =In¿ ~~a:l have ::he r~0~~ GTH\HARRIS\15784 ,01\11/26/96 C-5 16G 1 to enforce the Issuer's covenant of continuing disclos~re as per Section 9.33 of th~ Indenture. It is expressly agreed by the registered owner of this Bond that such registered owner shall never have the right to require or compel the exercise of the ad valorem taxing power of the Issuer, Collier County, Florida, the State of Florida or any political subdivision thereof, or tax.ation in any form of.. any real or personal property of the ISHuer, Collier County, Florida, the State of Florida or any political subdivision thereof, for the payment of the principal of, premium, if any, and interest on this Bond or the making of any other sinking fund and other payments :?rovided for in the Indenture, except for Special Assessments to te assessed and levied by the Issuer as set forth in the Indenture. By the acceptance of this Bond, the regis::.ered owner hereof assents to all the provisions of the Indenture. This Bond is payable from and secured by Pledged Revenues, as such term is defined in the Inòenture, all in the manner provided in the Indenture. The Indenture provides for the levy and the evidencing and certifying, of non ad valorem assessments in the form of Special Assessments :0 secure and pay the Eonds. The Bonds are subject to reòemption prior to ~aturity in the amounts, at the times and in the manner provided below. All pay- ments of the redemption price of the Bonds shall be made on the dates specified below. If less than all the Bonds are to be redeemed, the Trustee shall s~lect the particular Bonds or portions of Bonds to be called for redemption by lot. PartiaJ. redemption of Bonds shall be made in such manner that the remainin~r Bonds held by each Bondholder shall be in Authorized Denominations. Optional RedemptiQn The Bonds are subj ect to redempt ion a t the opt ion of the Iss~er in whole at any time on or after 1" or in part on any Interest Payment Date on or after 1" at the redemption prices (expres::;ed as percentages of principal amount to be rede~med) set forth below, plus accrued interest to the redemption date, upon notice from the Issuer to the Trustee as set forth in the Indenture. Redemption Period (Bo th D03. t e s Inc 1 UfLiY..e..l ~emption Price 1, 1, 1, to 31, to 31, and thereafter % GTH\KAP~IS\157e4.Ql\11/26/96 C-6 '. 16G 1 Mandatory Sinking Fund RedemptiQil The Bonds are subject to mandatory suunng fund redemption on 1 in the years and in the principal amounts set forth below at a redemption price of 100\ of their principal amount plus accrued interest to the date of redemption. Such principal amounts shall be reduced as specified by the Issuer by the principal amount of any Bonds redeemed pursuant to optional redemption as set forth above or purchased and cancelled pursuant to the provisions of the Indenture. Ïll.1: Principal Amo~mt of Bonds to be ~ëLid Princip.!l.l Amount of :3onds t.o b'Lbid ÏJ:..U: Extraordinary Mandatory Redemption in Whole or in-r~ -. The Bonds are subject to extraordinary mandatory redemption prior to maturity by the Issuer in whole, on any date, or in part, on any interest payment date, at an extraordinary mandatory redemption price equal to 100% of the principal amo~~t of the Bonds to be redeemed, plus inte~est accrued to the redemption date, (i) from moneys depos i ted into Prepayment Account of the Bond Redemption Fund following the payment in full of Special Assess~ents on any portion of the District Lands within thirty (30) days after the completion of the Project and acceptance thereof by ':he Issuer in accordance with the provisions of :.he Indenture; (ii) from moneys deposited into the Prepayment Account in the Bond Redemption Fund following the payment in full or in part of Special Assessments on any portion of the District Lands as a result of any prepayment of Special Assessments at any time subsequent to thirty (30) days after the completion of the Project in accordance with the provisions of the Indenture, or as the result of any fore- closure, sale of tax certificate or other remedial action for non- payment of Special Assessments; (iii) following condEmmation or the sale of any portion of the District Lands to a governmental entity under th~eat of condemnation by such gove~nmer.tal I~ntity and the payment c: mone:;:= by S'''::::-. s':)verr.:r,';:!1tal e:-,,:it.y :'0 :.he '::rus:.ee fer deposit ~~:.o the Prepayme~t hccoür.:. in the Bond ~edeffipt.ion Fund ir. GTH\~jS\lS78A.ül\11/26/96 C-7 16G ! order to effectuate such redemption; {iv} from excess moneys in the Constrùction Fund transferred to the Prepayment Account in the Bond Redemption Fund pursuant to the Indenture after completion of the Project, as evidenced by the certificate of the Consulting Engineer and the District Manager; and (v) from moneys, if any, on deposit in the Prepayment Account in the Bond Redemption Fund following the damage or destruction of all or substantially all of the Project to such extent that, in the reasonable opinion of the Issuer, the repair and restoration thereof would not be economical or would be impracticable; provided, however, that at least forty-five (45) days prior to such extraordinary mandatory redemption, the Issuer shall cause to be delivered to the Trustee (x) notice setting forth the redemption date specified in (v), above, and (y) a certificate of the Consulting Engineer confirming that the repair and restoration of the proj ect would not be economical or would be impracticable. Notice of Redemption The Trustee shall cause notice of redemption to be mailed at least thirty but not nlcre than sixty days prior to the date of redemption to all registered owners of Bonds to be redeemed (as such o~mers appear on the books of the Registrar on the fifth (5th) day prior to such mailing) and to certain additional parties as set forth in the Indenture; provided, however, that failure to mail any such notice or any defect in the notice or the mailing thereof shall not affect the validity of the redemption of the Bonds for which such notice was duly mailed in accordance with the Indenture. If less than all of the Bonds shall be called for redemption, the notice of redemption shall specify the Bonds to be redeemed. On the redemption date, the 30nds called for redemption will be payable at the principal corporate trust office of the Paying Agent and if moneys are available to pay principal and interest on such date interest shall cease to accrue, such Bonds shall cease to be entitled to any benefit under the Indenture and such Bonds shall not be deemed to be outstanding under the provi.sions of the Indenture and the registered owners of such Bonds shall have no rights in respect thereof except to receive payment of the redemption price thereof. For all redemptions other than mandatory sinking fund redemptions, if the amount of funds so depositeå with the Trustee, or otherwise available, is insufficient to pay the redemption price and interest on all Bonds so called for redemption on such date, the Trustee shall redeem and pay on such date an amount of such Bonds for which such funds are sufficient, selecting the Bonds to be redeemed by lot from among all such Bonds called for redemption on such date, and interest on any Bonds not paid shall continue to accrue, as provided in the Indenture. The Issuer shall keep books for the registration of the Bonds at the corporate trust office of the Registrar in Miami, Florida. G~\HARkIS\lS784,O~\11/25/96 C-8 16G 2 THE INDENTURE PLACES RESTRICTIONS ON THE TRANSFERABILITY OF THE BONDS. Subject to the restrictions contained in the Indenture, the Bonds may be transferred or exchanged by the registered owner thereof in person or by his attorney duly authorized in writing only upon the books of the Issuer kept by the Registrar and only upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed by the regis- tered owner or his duly authorized attorney. In all cases in which the privilege of transferring or exchanging Bonds is exercised, the Issuer shall execute and the Trustee or such other authenticating agent as may be appointed by the Tr~stee under the Indenture shall authenticate and deliver a new Bond or Bonds in authorized form and in like aggregate principal amount in accordance with the provisions of the Indenture. There shall be no charge for any such exchange or transfer of Bonds, but the Issuer may require payme~t of a sum sufficient to pay any tax, fee or other government1.l charge imposed. Neither the Issuer nor the Registrar shall be required (a) to transfer or exchange Bonds for a period of lS days next preceding any selection of 30nds to be redeemed or thereafter until after the mailing of any notice of redemption¡ or (b) to transfer or exchange any Bond called for redemption in whole or in part. The Issuer, the Trustee, the Paying Agent and the Registrar may deem and treat the person in whose name any Bond shall be registered upon the books kept by the Registrar as the absolute owner thereof (whether or not such Bond shall be overdue and notwithstanding any notation of ownership or other writing thereon made by anyone other than the Issuer, the Trustee, the Paying Agent or the Registrar) for the purpose of receiving payment of or on 2ccount of the principal of, premium, if any, and interest on such Bond as the same becomes due, and for all other purposes. All such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the Issuer, the Trustee, the Paying Agent, nor the Registrar shall be affected by any notice to the contrary. It is hereby certified and recited that all acts, conditions and things required to exist, to happen, and to be performed, precedent to and in the issua~ce of this Bond exist, have happened and have been perfo:::-med in regular and due form and time as l.-equired by the laws and Constitution of the State of Florida a?plicable thereto, including particularly the Act, and that the iasûance of this Bond, and of the issue of the Bonds of which this Bond is one, is in. full compliance with all con.stitutional and statutory limitations or provisions. GTH\HARRIS\15784,Ql\11/26/96 C-9 STATEMENT OF VALIDATION 166 1 This Bond is one of a series of Bonds which were validated by judgment of the Circuit Court of the Twentieth Judicial Circuit of Florida, in and for Collier County, Florida, rendered on the 29th day of April, 1994. Chairman Secretary ABBRE"'lIATIONS The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM TEN ENT JT TEN as tenants in common as teDùnts by the entireties as joint tenants with rights of survivorship and not as tenants in common UNIFORM GIFT MIN ACT CUstodian (Minor) (CUst) Under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the above liat. GTH\HARRIS\15784.01\11/26/96 C-10 16G 1 ASSIGNMKNT AND TRANSFER FOR VALUE RECEIVED the undersigned sells, assigns and trans- fers unto (please print or typewrite name and address of as.ignes) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints At torney to registration premises. transfer thereof, the within with full Bond power on of the books kept substitution in for the Signature Guar.antee: NOTICE: Signature(s) must be guaranteed by a member fin~ of the New York Stock Exchange or a commercial bank or t:cust company NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, wi thout alteration or enlargement or any change whatsoever. Please insert social security or other identifying number of Assignee. GTH\HARRIS\15784.01\11/26/96 C-ll 16G 1 EXHIBIT D FORM OF REQUISITION The undersigned, a Responsible Officer of Heritage Greens Community Development District (the "District") hereby submits the following requisition for disbursement under and pursuant to the terms of the Trust Indenture between the District and First Union National Bank of Florida, all trustee (the "Trustee"), dated as of 1, 1996 (the "Indenture") (all capitalized terms used herein shall have the meaning ascribed to such terms in the Indenture) : (A) Requisition Number: (B) Name and address of. Payee: (C) Amount Payable, including total obligation, any amount previously paid and the unpaid balance: (D) Purpose for which paid or incurred (refer also to specific contract if amount ~s due and payable pursuant to a contract involving progress payments) : (E) Fund or Account and subaccount, if any I from which disbursement to be made: The undersigned hereby certifies that obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above i~ a proper charge against the Construction Fund or the Account or subaccount, if any, referenced above, that each disbursement set forth above was incurred in connection I.¡ith the acquisi tion and construction of the Project and each represents a Cost of the proj ect that is due and has not previously been paid. The undersigned hereby f~rther certifies that there has not b~en filed with or sp.r\·ed upcn the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to the Payee set forth above, which hé.1S not been released or will not be rele3.sed simultaneously with the payment hereof. GTIÍ\!i.\.'U1.IS\157M 01\11/26/96 D-l 16G 1 The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage which the District is at the date of such certificate entitled to retain and that the work to which the payment relates is satisfactory to the District (which satisfaction may be based upon a certificate of the Consulting Engineer) . Attached hereto are originals of the invoice(s) from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested. HERITAGE GREENS COMMUNITf DEVELOPMENT DISTRICT By: A Responsible Officer CONSUTJTING ~IGINEER'S APPROVAL FOR NON-COST OF ISSUANCE AND NON-CAPITALIZED INTEREST REQUESTS ONLY If this requisition is for a disbursement other than costs of issuance of the Series 1996 Bonds or payment of capitalized interest, or a requisition presented on the date of closing of a Series of Bonds, the undersigned Consulting Engineer hereby certifies that (a) this disb\lrsement is for a Cost of the Project and is consistent with the applicable acquisition or construction contract for the portion of the Project with respect to which such disbursement is being made, (b) the Consulting Engineer approves the requisition, (e) the amount requisitioned is due and unpaid, (d) that, insofar as the payment is to be made for work, material, supplies or equipment, the work has been performed and the material, supplies or equipment have been installed as part of the Project or any portion thereof or have been delivered either at the proper site or at a proper place for fabrication and are covered by the builders I risk insurance; (e) all approvals and permits for acquisition, construction, reconstruction, installation and equipping of the Project have been obtained or can reasonably be expected to be obtained in a t.imely fashion from all applicable Regulatory Bodies, and (f) thc?t all work, material, supplies and eq'ùipment for whic:h payment i 8 to be made are I in the signer'!3 opinion, in accordance with the plans and specifications or duly approved change orders. CONSULTING ENGINEER By; Its: GTH\HARRIS\15784.01\11/26/96 D-2 APPENDIX D PROPOSED fORM OF OPINION OF BOND COUNSEL 16G 2 16G 1 FORM OF BOND COUNSEL OPINION SUBJECT TO CHANGE PRIOR TO CLOSING [Date of Closing] Board of Supervisors Heritage Greens Community Development District Re: $6,000,000 HERITAGE GREENS CO:M.\1UNITY DEVELOPMENT DISTRICT (Collier' County, Florid~.) Special Assessment Bonds Series 1996 Ladies and Gentlemen: We have served as bond counsel in connection with the issuance by Heritage Gret"IlS Community Development District (the "District"), a commw1Íty development district created and exi..<1ing pl'ISuant to Chapter 190, Florida Statutes, as amended (the "Act''), of its S6,OOO,OOO Special Assessment Ronds, Series 1996 (the "Bonds''). The Bvnds are being issued pursuant to Ù1e Con.stitution and laws of the State of Florida, a Trust In'lcnture dated as of December 1,1996 (the "lndent1lrc"), from the District to First Union National Bank of Florida (the "T~'tee'') and Resolution 94-4 adopted by the Board of Supervisors of the District on April 29, 1994 (the "Bond Resolution"). The Bonds are being issued in an aggregate principal amount of S6,000,000 for the purpo~ of: (i) planning, financing, acquiring, constructing, equipping and installing certain in.fr....strucrure improvements consisting of watcr, sewer, drainage and roadway improvements (the "Project"); (ii) funding û1e initial deposit to tÌ'...e Debt S-=rvice Re~rve FtUld established pursuant to the Indenture; (iii) fundi.ng 18 months of capitalized interest for the Bonds; and (iv) paying the costs üf issuance of the Bonds. The Bonds are payabl~ from and secured by special assessments imposed, !cvied ar:d collected by the Di:;tri~,t on the property sJX:cia1Jy bcncfin~d by the Project. We have examined the law anè such other certified proceedings and othcr papers as we have dcem~d nc.c~sS<'.ry to ;-endc:r Hus opinion. Unless the context indicated otherwise, all tenns not otherwise defined herein shall have th~ m~ing ascribed to such tenns ltnder the Indenture. As to questions of tàct material to our opinion, we have relied upon such œrtified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independt:nt investigation, The District has entered into -:ertain covcnaIlts with the o'lroers of the Bonds for the exact terms ofwbicn reference is made to the Indenture. 16G 1 Board of Supervisors Heritage Greens Conununity Development District [Date of Closing] Page 2 Based on the foregoing, we are of th,= opinion that: 1. The District has been duly esta blished and validly exists as a community development district under the Act. 2. The District has the right and power under the Act to authorize, execute and deliver the Indenture, and the Indenturt' has ~~ duly and ;iwfully authorized, executed and deliver~d ¡"y the District, is in full force and dfect and is valid and binding upon the District and enforce<!b!e irt ac.c.ordance with its t~rms. The Indenture crea1es the valid pledge that it purports to create of the Pkdgro Reva1ues in the rnan.,er and to the (:xtent provided in the Indenture. 3. The Bonds 8Ie the valid, binåing, special obligations of the District, enforceable in accordance with their terms and with the trnIt.S of the Indenture and are entitled to the benefits of the Act as amended to the date h~reof and the Bonds have been duly authorized and issued In accordanc.¢ with law and the Indenture. 4. The Bonds and the int~est th(~reon are exempt from taxation imposed by the State of Florida, including any intangible tax, except as to ~state taxes. and taxes imposed by Chapter 220, Florida. Statutes. ün inteïeSt, ~-:1çome or profits on debt obligations owned by corporations, as defIned therein. 5. The Intema1 Revenue Code of 198(i, as amended (the "'Û"'"d~"), includes reqUÏremen!s that the District must contir.\.4e to meet after the i~su.ance of the Bon(t~ in order that inter~st on th~ Bonds nct be included in gross income for fcdtr.1j income tax purposes. The faiiure ofth~ District te m~t lh~~ requirements m<'.y caLl$~ interes~ on the Bonds to be included in gross incom~ for fed'O:a1 inCOn.1t.; tax putpO~ r~iT()activc to thá¡ dat~ of is..'\1JaIK:e. Tne District has covenanted in the: Indcn::ure to t:Ü.:c tht: actions nquin:d by L1e Code ir. order to m~int.ain the exclusion from gross L.'1COrne for federal incom~ të.x purro~s of intc:r~st (\0 thl: Bonds. Th.~ District has fut! legal power and authority to c;:omply -..vith $Uch covenants. Und~. existing stal11!eS, r-~guali()ns, mlings and court decisions, subject to the: assurr:ption stated ill the following paragnlph, interest on the Bonds is excludible from the gross income of tht OWDeTS thercoffor federal income tax 'purposes. FurthclToore, interest on the Bonds is not an item of tax ptdcrence for purposes ùf the federal aJt~rnati\'e minimu...n tax imposed on individuaJs and corpor.¡tiorlS; however, interest on the Bonds is t.ak~n into 8CCOunt in determining adjusted current e3min~ for PU-"lYJse5 of computing the alternative minimwn tax imposed on cel1.ain corporations. We ::xpress no opinion regarding other federal tax consequences resulting from the ownership, 16G 1 Board of Supervisors Hc:ritagc Greens Community D~velopment Disuict [Date of Closing] Page 3 receipt or accrual of interest on, or dis¡x:>sition of the Bonds. The Bonds have been designated by the District as "qualified tax ex~pt obligations" within the meaning of Section 265(b )(3) of the Code, the interest on which may be excluded from the allocation required of certain "financial institutions" under. and as defined in, Section 265(b) of the Code. Ownership of the Bonds may result in col1at~;l'al federal tax consequences to certain taxpayers. We express no opinion regarding such federal tax consequences arising with respect to the Bonds. In rendering the opinion expressed aoove, we have assumed continuing compliance with the tax covenants referred to above that must be: met ~ the issuance of the Bonds in order that interest on thl: Bonds not be included in gross income for federal income tax purposes, We wish to caU to your attention that the Bonds do not constitute a debt of the District, the State of Florida or any political subdivision thereof within the meaning of any constitutional or statutory provision, or a pledge of the taxing power or the faith and credit of the Distric~ the State of Florida or any political subdivision thereof. Neither the District, the State of Florida, nor any political subdivision thereof is obligated to pay the Bonds or the interest thereon except out of the Pledged Reve 1Ues pledged therefor under the Indenture. It is to be understood that the rights of the holder!) of the Bonds and the crJorceability thereof may be 5ubj~ to batùa1..'Ptcy, insolvency, reorganization. moratorium or other similar laws affecting crecijtors' rig..'1ts heretofore or h~.after et"..acted to the ~Y.tent constitutionally applicable: and that theiI enforc~ment may be :;ubj~t 10 tb:. ex~(ci~ of judicial discretion in appropriate cases. Except as may expre$Sly be ~t forth in an opinion delivereà by us to the underwriters of the Bo~ds on the date hereof (up...-)!] which only they may rely), (1) we have not been engaged or undcrt.a.k~n to review th~ acr.lIra~y, completeness or sufficiency of the Official Statement or other OffC:Iing matetial relating to the Bonds and we express no opinion relating thereto, and (2) we have not been engí1ged or undertÙen to review thc compliance with laws ofihe State of Florida or the 16G 1, Board of Supervisors Heritage Greens Community Development District [Date of Closing] Page 4 United States with regard to the sale or distribution of the Bonds and we express no opinion relating thereto. We have examined the form 0 f the Bonds and, in our opinion, the fonn of the Bonds is regular and proper. Respectfully submitted, GREENBERG TRAURlG HOFFMAN LIPOF'F ROSEN & QUENTEL, P.Á. APPENDIX E ASSESSM:ENT METHODOLOGY 16G 1 _ =JSHKJND .!\~ ~ ~~.~IK:~,j. r' ~ ~ E- k. ~E!f" LJ¡¡. ~-- 1 66 2·~ ASSESSMENT METHODOLOGY FOR HERJT AGE GREENS COMMUNITY DEVELOPMENT DISTRICT Updated November 11, 1996 1.0 Introduction 1.1 Purpose This report provides a methodology determine the amount of community development district debt to be allocated to properties within the Heritage Greens Communíty Development District The report is designed to be used by the District during the course of its assessment hearings under Chapter 190, F.S. 1.2 Background As described in the report by the District's Engineer, Agnoli, Barver & Brundage, the Heritage Greens Community Development District includes 252 acras. The developer plans envision all of the property developed into a golf course and approximately 529 residential units. The improvements contemplated by the District and included in the District's Engineer's Report providas Infrastructure which is designed to benefrt tha residential portions of the District only. The District Engineer has carefully apportioned the costs for all Improvements in the District between the golf course and the residential properties. The developer is paying for all costs associated wilh the got! course. The District is only paying for costs associated with the residential development. Therefore, the golf course is not assessed any (If the ccs1s foi' the Dis1rict's improvement program. 16G 1 The essence of the assessment methodology is a four step process. First, the District Engineer determines the costs for all improvements needed for the buildou1 of the community. Second, the District Engineer divides these costs into those which are roadway related (including street lighting and other appurtenances and improvements) and those improvements which are not related to the roadways. Third, the costs for providing roadways are divided among the benefiting properties on the basis of the volume of trips that each parcel is projected to generate once it is developed. Finally, the costs for all other improvements are divided among the benefited properties in relationship to their development potential measured on the basis of equivalent dwelling units (ERUs). 2.0 Assessment Methodology 2.1 Overview The District Engineer has developed a master improvement program to support the full development of land in the District. Including inflation, these costs total $4.407.500. Based on these estimated costs, the size of the bond issue needed to generate funds to pay for these construction costs is determined, by the Districfs Underwriter to total $6,000,000. The developer has submitted a prelimjnary plat to the County for approval. The plat specifies the precise land uses in the District. This report shows the allocation of úebt to residential land in tho District based upon this preliminary plat. Once the plat is finalized there may b.g need for some Þ..Jrthsr adjustment to the allocations shown here to reflec.1 any changes to tho final plat, The methodology for marJng these allocations is outlined below. Tile numorical examples provided are based upon the developer's preliminary plat As notEld abo '.I 8 , to the extent that the final plat diHers from 1he preliminary subm¡t1al the allocations to indiyidual parcels will also change. ThuS, the debt al!ocation methodology provided below is really a process by which the District can allocate debt to particular parcels of land at the tima of the finaí pia!. The procedures also assure that debt will not buiidup on undeveloped properties creating pot9ntial assessment problems. 2.2 Development Program Table 1 outlines the expected development program for the land comprising the District. The program anticipates a mixture of predominately residential uses as well as extetlsive amenities. Table 2 provides the estimated absorption schedule for the project. 2 16G 1 2.3 Construction Cost Estimates The District Engineer has estimated the costs of all improvements $4,407,500. Table 3 provides the breakdown by type of expense. 2.4 Bond Sizings To generate the funding needed for the proposed construction program, the District plans to issue revenue bonds. The bond size exceeds the construction estimates for a variety of reaS~,1S. Most importantly, the sizing includes tho provision for up to 24 mOTlths of capitalized interest. This allows for the completion of the improvements prior to assessing properties for their payment. The bond structure is anticipated to be a 20 year term bond with level annual debt service. The interest rate is anticipated not to exceed 8.25%. 2.5 Estimates For Trips and EDUs Table 5 provides an illustration of how the allocation methodology is designed to work. Thi s illustration is based upon the latest preliminary piat described 8.bove. As noted previoLJsly, debt related to roadways is allocated among the benefiting parce~s on the basis ot the volume of trips which each is projocted to generate when fully developed. Since the roadways and related improvements were specifìcaliy designed to accommodate the traffic generated by the proposed land IJse plan, this a!/ocation piOceduio is qui'le reasonable. !t directly allocates debt to specific properties based upon the benefit that each one receives from the development of the District's roadway system. The portion of debt incurred to fund the remaining, non road reiated. improvement in the District is allocated to benefiting properties on the basis of døveroprnent intensity and density. These are measure on the basis of ERUs. For each residential parcel the ERU depend upon the inverse of the density for each type of product. The Estate single-family detached units are tÌìe base and are set at 1 ERU per unit. All other residential properti8s are measured as the inverse of their densities compared to the single-family unit bas.e. 2.6 Debt Allocation In Table 6 debt is allocated to each type of land use depending upon their share of total trips and total EAUs projected for the District at buildout. The allocations are the produC1 of the calculations in Tables 4 and 5. 3 16G 1 2.7 Tax Roll The tax roll for the District is based upon the preliminary plat submitted to Coilier County. The references are to the preliminary plat for Identification purposes. Note that duplex lots are allocated debt on the basis of two units per lot and roach lots are allocated debt on the basis of four units per lot. This is in accord with the preliminary plat and plans of the developer. The tax roll presented here is subject to change depending upon the outcome of the final plat. However, the methodology provided here is suffiderrt to allow the District 10 adjust the tax roll as may be needed should the final plat differ from the preliminary one. 4 16G 1 .\J.nl1a Acreage DensIty Resldel'11lal Units Estate Lots 27 6.00 4.5 Executive Lots 136 25.00 5.4 Villa Twin Duplex Lots 106 18.00 5.9 Coach Ho me Lots 80 6.00 13.3 Multifamily 180 17.00 10.6 a::a.=-___ __=::1_2= Total Residential 529 72.00 .t:lQn.R~entl aJ. Golf Course Tracts 0 145.00 Open Space Tracts 0 1.00 Road P.ights of Way 0 25.00 Preserve 0 9.00 I:==_:Z-== _=a___= Total Non ResIdential 0 180.00 TOTAL 529 252 Source: Engineer's Report Tt:ble 1. 11/11/96 FISHKIND & ASSOCIATES. INC. Page 1 16G 1 ... 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EEEEEEEE~EEEEEEEEEEEEEE~E ::J :::> ::J ::I ::J ::1 :: :,) ~ :J ::J ;:¡ ;:¡ ;:¡ ::J ;:¡ ::J :::I :::I ::J ::J :::J :::J:¡ ;:¡ ~~~~~~~2~~~~~~~~~~~~~~~~~ ~ømC-NM~~~~~mO_NM~_NM.~~~ 1 MMM~~~~_....~~w~~~ ~§~~E~~~~~~~~§~~~~~§~~~§! U 0 c...) (,> u () ü 0 <.) ~ (,) C) () () 0 (.) U () 0 u.. u.. u. u. u. u. u.. ~ ~~~~~É]~~~~~~~~~E~~~~~Ë~~ ::;:1 n:¡ r.::¡ OJ ro a:¡ co 'c OJ C:J en co ~ cr. ro c.o co m m a:. en CD CD en co co ~ ~9~~~.~~y~v.~.~~~~....... ~~~~~~~-~~~.~~~~~~~~~~~~~~~ ~ ~ljjJî~J$;}}jjJji1j~Jj~jl ~ ~~wøøm~ø~~~~øø~~ÆØ~~~ØØ0Ø <0 ... i a. o ~ (I) w ~ ~ 8 (f) ø <: 00 o z ~ :::r: ~ u.. ~ .... t:.: ?'"' ...- 16G 1 I'-- 0>- ' ,.... æ~~~~~ææ~~~~ææi~~~æ~æ ~ CD ~æ m~ ø~mm~ mmm m m 01 C1J ~L1i ~~~ü~~~~~~~~~ ~~~~~~ i a. ~>- CI)....J W<. ¡....; ~ II ~~~~~~~~~~~~~~~~~~~~ ~ O....J ~~u ~~cr. ¡:::<e CI) I.IJ ~~ ~~ ~ ~~ w~ tl. ç ~ ~ ~ i (Ij ~R~~~~~R~R~~~~~~~~~~ N ~~~i~a~~~~~I~~~~a~aa i a I'--I'--I'--~I'--I'--I'--I'--~I'--I'--I'--I'--I'--I'--~I'--I'--I'--I'-- § ~~~~~~~~-~~~~~~~~~~~~ ~'~~~~~~~~.~~~....~~~ gggå~g~~~g~~å~~~ggg~ § (þ ~ ü z CI) ~ ~ g (/', U) -« oð o z ::2 :r U) ü: ~~~~~~~~~~~~~~~~~~~~ ~ ~ ~ ~ § ~: ~ ~ ~ ~ ~ ä ~ ~ § ä ~ ~ {d ~ EE~EËãE~ËËË~EE~ªËEEË ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ¿~~~~~~~~~~~~~~~~~~~ ro~O-~NM~~Wl'--m~O_NM~~~ ~...-...-~..-..,........... Š3Š33~33333§Š3ŠŠŠŠ~Š lLou..u..u.<,;üC)oOOO()ÜÜU()()()()ü É~~~~E~~~~~~~~~~~~~~ ~wro~m~ro~rorororororowromrororo ~~·~~~~W~~~~~~~~w~m~ ...... ~ ..... .-- ,- T""" or- ~... .,... ..... .,...... .._ .,.. .,... ...... ,.... ..... ,... ,.. ,_ Q0~~j¡Æiïj~iiæ~i¡¡i¡ !!!2~~~~~~~~~~~~~~~~ ~ø~øøCl)~CI)CI)wøCl)ø~CI)~CI)CI)øm ,,~ ,~ ..... .1;( ~ o to- ~- '. .... .... APPENDIX F FORM OF CONTINUING DISCLOSURE AGREEMENT 16G 1 16G 1 CONTINUING 1)ISa~OSURE AGREEMENT entered into by HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRlCT AND ROi'TO DEVELOPMENT NAPLES, me. Da~ed as of December 1, 1996 CONTINUL"iG DISCLOSURE AGREEMENT 16G 1 This CONTINUING DISCLOSURE AGREEMENT dated as of December 1,1996 and as amended from time to time, if applicable (this "Disclosure Agreement"), is being entered into by and between the BERIT AGE GREENS COMMUNITY DEVELOPMENT DISTRICT (the "Issuer" or the "District"), RONTO DEVELOPMENT NAPLES, INe. (the "Primary Developer") in r,onnection v.ith the issuance of the District's S6,OOO,OOO Special Assessment Bonds, Series 1996 (the "Bonds"). The Bonds are being issued pursuant to a Trust Indenture, dated as of December I, 1996, between the District and the First Union National Bank of Florida, Miami, F1orida, as trustee (the "Trustee") (collectively, the "Indennlre") The District and the Primary Developer covenant and agree a!ì follows: SECTION 1, ß.¡r:p..Q.&QUb.ú~l.Q£lre A~eement TIùs Disclosure Agreement is being entered into by and between the District and the Primary Developer for the benefit of the holders of the outstanding aggregate principal amount of the Bonds (the "Bondholders") and for the purpose of assisting the Parricipating Underwriters (as defined herem) to comply with Rule 15c2-12(b )(5) of the Securities Exchange COlTllThssion SECTION 2. D~..nitiQ.ú.s. The fOUO'MTlg capitalized tems shall have the following meanings "Annual Report" shall mean any Annual Report provided by the District pursuant to, and as desçribed in, Sections 3 and 4 of this Disclosure Agreement." "Disclosure Representativ~" shall mean the Chairman of the Board of Supervisors of the District or his or her designee, or such ,)ther officer or employee as the District shall designate in writing to the Dissemination Agent from time to time. "Dissemination Agent" shaH initially mean the District, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by the District and which has filed with the District ë ',I,TÍtten ~ccep~ance of such designation "Listcà Events" shai! mear1 2.ny of the eV~J1ts listed in Subsection 8(a) of this Disclosure Agreement. "National Repository" shall me.an any Nationally Recognized Municipal Securities InfOlmation Repository for purposes of the Rule Currently, the folJov.-ing are National Repositories: F-l Bloomberg Municipal Repository Post Office Box 840 Princeton, New Jersey 08542-0840 Internet address: MUNIS@bloombergdoc (609) 279-3200 FAX (609) 279-3235 (609) 279-5963 Contact: Dave Campbell 16G 1 The Bond Buyer Secondary Market Disclosure 395 Hudson Street, 3rd Floor New York, New York 10014 Internet address Disc1osure@mullercom (212) 807-3814 FAX. (212) 989-9282 Contact: Thomas GHske Disclosure, lne, Docume~t Augmentation/MunicipaJ Securities 5 161 River Road Bethe:sd?.., Maryland 20816 (30i) 951-1450 FAX (301) 718-2329 Contac::t: Barr)' Sugarman (301) 215-6015 11 Kenny Information Services The Repository 65 Broadway/16tÌ1 Floor New York, New York 10006 (212) 770-4568 FAX (212) 797-7994 Cont2.ct: .Toa.'1 Hora;, Repository Moody's NRMSIR Publi~ Finance Information Ccnt~ 99 Church Street New York, New York ] 0007-2796 (800) 339-6306 FAX (212) 553-1460 Contact Claudette Stephenson (212) 553-0345 I F-2 1 6 G 1 :1 KR, Donnelly Financial Attention Municipal Securities Disclosure Archive 559 Main Street Hud:;on, Massachusetts 01749 (800) 580-3670 (212) 553-1460 "Participating Undern-TÍter" shall mean William R, Hough & Co, Naples, Florida., and any other u;¡derwriter of the Bonds required to comply with the Rule in connection with offering of the Bonds, "Quarterly Report" shall mean any Quarterly Report provided by the District pursuant to, and as described in, Sections 5 and 6 of this Disclosure Agreement, "Repository" or "Repositories" shal! mean each National Repository and each State Repository "Ruie" shall mean Rule 15c2-12(b )(5) adopted by the Securities and Exchange Commission under the Secu:íties Exchange Act of ] 934, as the same may be am~nded from time to time "State Repository" shaj] mean ;my public or private repository or entity, if any, designated by the State as 3 state repository for the purposes of the Rule "Tax-exempt" shall mea.!'} that interest on the Bonds is excJuded from gross income for federal income tax purposes, whether or not such interest is includab!e as an item of tax preferem;e or oL~erwise ir:dudable dir~-:tl-i or indirectJy for purposes of calculating any other tax ¡iability, inc!uding allY alternative minimum tax or enviro:1menta] tax. Unless otherwise defin~d herein, aH capitalized tems used in tbs Disc!o5u;e Agreement shall have: the definitions set forth ir. the Inder;turt.: SECTION 3, f1:Qvisio[l Q[Ai:1DJJa1 RePÇill (a) The Distlict and the Primary Developer shaH, or shall caUY.: the Dissemir.arion Agent to, not later than August 1 of each year, çommencing August 1, 1997 (the ~Repository Delivery Date"), deliver to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement Not later than fifteen (15) Business Days prior to said date, the District shall provide the Annual Report to the Dissemination Agent (if the [,istrict is not the Dissemination Agent) In each case, the Annual Report may be submitted as a sing!e document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Agreement; provided that the audited financial statements of the District may be submitted separately from the balance of the Annual Report, F-3 16G 1 (b) If, on or before the fifteenth (15th) Business Day prior to the Repository DeJivery Date, the Dissemination Agent has not received a copy of the Annual Report, then the Dissemination Agent shall contact the District and the Trustee to determine if the District is in compliance with Subsection 3(a) hereof (c) lfthe Dissemina¡jon Agent is unable to verify that an Annual Report has bt:~n provided to the Repositories by the date required in Subsection 3(a) hereof, then the DisseITÚnation Agent shall send a notice to each Repository in substantially the form as Exhibit A attached hereto (d) The DisseITÚnation Agent shall: (i) duf..ng the term oftlÚs Disclosure Agreement, determine the name and address of each Repository prior to the Repository Delivery Date; and (li) file with the District (and the Trustee, if the Trustee is not the Dissemination Agent) a report certifying: (A) that the Annual Report has been delivered to the Repositories pursuant to this Disclosure Agreement, (B) the date that the Annual Report was delivered to ¡he Repositories, éJnd (C) ¡¡sting all the Repositories to which thé Annual Report was provided SECTION 4, Lml.e.vL!2L6nnu~LR~, (a) The AnnuaJ Report shall cor.tain or inc.orpt)ratf: by rtf~rence the fo!1ov,riI1g, (i) the audited financiaJ statements oÎthe District for the immediately preceding Fj:)çal Year, prepared in aœordanœ \'r'Íth gcne:-aJJy accepted accounting principies applicab!e to operations of the District, as s:.L'TIC may be modLfied from time to time by Florida statutory r~quirernents and the govemmer.ta.J accounting standMds promulgated by th~ Govemmer.t Accounting Standa.rds Board (the ~ Audit "), a.nd (ii) an updat.~ of th~ folJo'l,),;ng financial information and operating dater (A) Account and FU!ìd balances of the Trust Estate (B) ?.sse3sed value of liLïds upon which Assessments securing the Bonds are Jevied; provided, however, that the District may rely upon the records of the County Property Appraiser for such information; (C) the amount of Assessments certified by the District to the Tax CoJJeetor for the immediately preceding calendar year. (0) the amount of Assessments collected for the prior year; F-4 .&.uu .. (E) the amount of delinquent Assessments by Product Type ( "Product Type" being defined as Villa, Executive, Estate, Coach and multifarruJy) by number of each Product Type and dollar amount); (F) the dollar amount of certificates sold; (G) debt service schedule for the rerruúning term of the Series 1996 Bonds (b) The District sh<ill be solely responsible for the rontent of any reports or notices (or any portion thereof) provided to the Diss.errunation Agent pursuant to the terms hereof; provided, hJwever, that the District shalJ be relying on dOCUillentation provided to it by the Trustee with respect to the payment date statements, The Disserrunation Agent sha1l not be responsible for reviewing or verifying the accuracy or completeness of any such reports and notices and shaH be indemnified under Section 4 hereof against any and all clajms, &mages, losses, liabilitie~, costs and expenses whatsoever (mcluding attorneys' fees and expenses) incurr~d or suffered by the Disserrunation Agent as a result of the Dissemination Agent's making public any such materials or notices in accordance with this Agreement. SECTION 5, ~a1Î..QD~'rimar'i.l&Y..tI~, The Primary Developer agrees to provide, or as long as t.J.;e Primary Dt;Ve.JOpCI or ;l!1)' related entity of the Primary Developer or any successors or assigns to the Prima.ry DeveJoper owns twenty-five percent (25%) or more of the rea] property encumb~red by the speci3.J assessments that secure the Series 1996 Bonds to the District and the Ownt=rs on a quarterly ba <¡is commt:ncing February 1, 1997 and on ea:::h February J, May 1, August J and Nov~mbe.r 1 ther~2.fter while the Bonds are outstanding the follo\l,;ng information (a) Proj eet: F or aD benefitted and assessable land within the District benefitted by the . Estimation of total numbeí of ..mits of each Product Type upon full bui!d-OL;t .. Number of unit:-. of each Product Type taken do'WTl by US, Home (the "Developer") *' N umber of units of each Product Type as to wl-jch title has been transferred to per:.ons or entities other than the Developer (hereinafter referred as "Non-Builders"), *' Number of units of each Product Type under rontract to Non-Builders F-5 16G J * Number ofuruts of each Product Type (whether or not occupied) for which certificates of occupancy have been issued (hereinaftp.r referred to as "Completed Units"), .. Number of Completed Units of each Predcut Type owned by Non- Builder s. * Number of Completed Units of each Preduct Type for sale by Developer . Number of Completed Units by Product Type for sale by Non-Builders (as disclosed by MIS listing) (b) Materiaily advf~rse change:; or determinations to pennitslapprova1s for the Development which necessitate changes to the Primary Developer's land-use plans, (c) Updated plan of finance (e,g" status of any credit enhancement, issuance of additíona1 bonds to complete project, draw on credit line of Primary Developer, etc,) SECTION 6. ~nin~_QLSi~ican1 Events (a) TIll:; S~ction 6 shall govern the giving of notic~s ofthc: OCCUíTence of any of the folJowing events (the "Listed EVC:nts"): ] , Deunqutnc'j in payment when due of a..'y princip?.J of or interest on the Bonds; 2. Occurre:1cc of ~y Event of Default under and ~s defined in the Indentun (othe.- tha.i1 as cle5crited in clause] of Subsection 6(a) above); 3 Arnendm'~!ìt to the Ïndenture or tÌùs Disclosure Agreemt:nt modifying the rights of the Bondholders; 4 Gi-.mg a notice of optiona¡ or uns.cheduld redemption of any Bond'.í, 5. Defeasance of the Bor.lis or any portion thereof, 6. Any cha,n,ge in any rating of the Bonds; 7. (A) Receipt of an opinion of nationally recognized bond counsel to the effect that interest on the Bonds is not Tax-exempt; or F-6 16G 2. (B) Any event adversely affecting the tax-exempt status of the Bonds, including but not limited to (i) AIly audit, investigation or other challenge of the tax-exempt status of the Bonds by the Internal Revenue Service or in any administrative or judicial proceeding; or (ii) The issuance of any regulation., deciston or other official pronouncement by the Irnemal Revenue S~ce or other official tax authority or by any court advusely affecting tœ tax-exempt status of the Bonds or bonds of the same type as the bonds or fina.!'1cing structures of the same type as financeå by the Bonds; 8, Any unsçhcduJ~d draw on the Reserve Fund reflecting financial difficulties; or 9. The release, suostitutjon or sale of property securing repayment of the Bonds (inc1uding property I'~ased, mortgaged or pledged as such security). (b) The Dissemir.ation Agent shall, within one (1) Business Day of obtaining actual knowledge of the occurrence of aJJY of the Listed Events (e?Cc'"ept the Listed Events described in clz.uses 1, 4 or 5 of Subsection 6(a) be[!:of), notify the Disclosure Rcpre~ntative in writing of the occurrc:ry,;e of a Listed Event ¡L'1è request that th~ Di~rict promptly direct the Di5semitLltion Agt.11t in 'Writing whether !o rep0í1 t.he Listtd Event pursuant to Subsection 6(f) hereof (c) Wnenever tht:' District obtains knowledge of the occurrence of a Li$tcd Event, whethe:i ber..ause of a notice !Tom the Dissemination Agent pursuant to Subsection 6(b) or otherwise:, the District shall, as soon as pos$ibie, detennine whet:1cr such Listed Event constitutes mater¡aj information for the Bondho!ders, L1f..Q~.1l&t, in any event, the occurrence of a Listed Event described ~n clause 6 of Subsection 6(a) wi!] aJw~ys be deemed to be material information for the Bondholders, (d) If the District determines that the occurrence of a Listed Event constitutes materiaJ infonnation for Bcndhoìders, the:1 th~ District shall promptly notify the Dissemi:lation Ag~r.t of such CCCl.IrïenCe in wTIring, Such notice shall instru..:t the Dissemination Agent to report the occurrence of the LIsted Event pursuant to Subsp.ction 6(f). (e) If, in response to a request under Subsection 6(b), the District determines that the üsted Event does not constitute material infonnation for the Bondholders, then the District shall so notifY the Dissemination Agent in writing and instruct the Dissemination Agent not to report the Listed Event pursuant to Subsection 6(f) hereof. F-7 16G ~ IN WITNESS WHEREOF, the parties have executed and dcbvcred this Disciosurc Agr~m(:nt as of the date first indicated above. "District .. HERITAGE GIlED'S COMMUlI(fIY DEVEWPM£NT DISTRICT By: Cbainnan, 80Ird of Supavi:5ors ·Primary .Developer'" RONTO DEVELOPMENT NAPLES, INC. By· N:unc: Title: F-IO 16G 1 Exhibit A NOTICE TO REPOSITORiES OF FAILURE TO FILE ANNUAL REPORT Name of District: Heritagt: Greens Community Dtvelopment District Name of Bond Issue: $6,000,000 Special Assessment Bonds, Series 1996 Date of Issuance: Dccember ì, 1996 NOTICE IS HEREBY GIVEN that the District has not provided an Annual Report with respect to the above-named Bonds as required by the Continuing Disclosure Agreement among the District and the Primary Developer, dated as of December 1, 1996 The District anticipates that the Annual Report wili be filed by _ Dated:__ DISSEMINATION AGENT By cc: District Trustet: A-I 16G ·1~ EXHIBIT F CONTINUING DISCLOSURE AGREEMENT See Appendix F to -;:he Lir.tited Offering Memorandum 17 166 2. EXHIBIT G IMPRO·~IT ACQUISITION AGRE~firnT 18 166 1. IMPROVEMENT ACQUISITION AGREEMENT This Improvement Acquisition Agr:::ement ("Agrct:m\~r.t'') is entered into as of this _ day of January, 1997 by and between th~ Heritage Greens Community £kvelopment District ("Dist..-ict'') and Heritage Greens DevC:opment Limited Pa:"tnership, J\ Delíl,w¡¡re limited partnership ("Develop~r»). VfITNESSE'fiI WHEREAS, the District wæ created for the purpose of àelivering certain commul1ity development services and facilities wiLl-ÜA1 ilS jurisdic:tion, such services and fat:ilities to include a '.JI3ter distribution and related facilities, â roadw~y and 3treet lighting system and related faci Ii tie.s , a sewage collection and transmission system and related faciliries, a water management and drainage control system and related facilities, (such systems and facilities, and other improvements within the District, all being more specifically described in the Report of Agnoli, Barber & Brundage, Inc.. Consulting Engineers for the District dated November, 1996, as supplemented (the "Project"); and '^,'HEREAS, the District believes that it is necessary and desirable, and in the best interests of the District and its inhabitants, to acquir~ and construct the Project in order to improve the heaJth and general welfare of the residents of the District; and WHEREAS, the District desires to acquire from the Developer. and the Developer desires to convey to the District, on the terms and conditions set forth herein, the Developer's rights or interest in the improvements described in Exhibit "A" attached hereto ("Improvements"); and WHEREAS, in orcle' to operate and maintain the Improvements and to acquire, construct, operate and maintain the other portions of the Project, the District will require the Developer (i) to convey to the District all right, title, and interest in the Improvements, (ii) to assign or other\VÌse 166 ¿ convey to the Diroict all t:xisting reservations made to the Developer of road rights of way, maintenance buffer e;¡seme~ts, !ake m.1Ïntenance easements, water ma..'1agement tracts, drainage easements, sewer eas~ments, ingress and egress easements, and like easements and rights-of-way within the District, and (iii) to conveyor dedicate to the Distriçt all easements, tracts, rights-of-way, structùreS, and improvements that i.n. the futm't sha.!l constitute or be necessary to construct, operate, ar.d maintain the Project; and WHERE.4...5, t.l~ Disu'ict prcposes to issue its Heritage Greens Cr~munjty Deve!opment District Spcdal Assessment Bonds, Scries 1997 (the "Bon<t;') to finance the cost ofl\cquisition of the Developer's rights or interest in the Improvements and to fmance the acquisition and construction of the remainder or th~ Project, pursuant to the Trust Indenture bet'Neen the District and First Union National Bank of FJorida, as Trustee ("'Indenture"); and WHEREAS, the ConsuJting Engineer, as that term is defIned in Article I of the Indenture ("'Engineer"), has verified that the cost of the Improvements to be transferred to the District by the Developer pursuant to this Agreement is less than the lower of (i) the Engineer's estimated actual cost of such Improvements, and (ii) the Engineer's estimated fair market value of such Improvements; NOW,1lIEREFORE, in consideration of the mutual covenants herein contained, and for Ten and no/10Oths ($ 1 0.00) Dollars and other go<Xi and valuable consideration, receipt of which is hereby acknowledged, and subject to the terms and conditions hereof, the parties agree as follows: 1. Conveyance of Improvements. The Developer shaJl convey at closing by dedication, deed, bill of sale or other appropriate form of conveyance, any and all of the Devtlo¡xr's rights in the Improvements, All said instruments of conveyance sha1! be in form acceptable to the District TÌ1c parties acknowledge and agree that certain portions of the Improvements have been constructed in rights-of-way, utility easements, common areas or areas previously dedicated to the District and that, therefore, such portions of the ImprovemeJ1ts may be subject to 2 16G .1 i certain rights aI1d intere:>ts c.f other governmental bodies, public entities, other quasi- public organizations or the District. AccordingJy, the Developer's rights or interest in such portions ofth:: Improvements may be conveyed by the Developer to the District, subject to stich other rights a.,d intl:rest.5. 2. Plans and Specifications. At least one day prio; to tl1e Closing Date, the Develo¡x.-r $h2..l1 provide the District with three sets of any and all Pians and Specifications applicable to the Improvements. 3. Engineering Certification. Before payment by the District for the Impro'..ements and any other portions of the Project. the Develo¡:x:r shall provide the District with a certificate, sign~ by the Engineer, certifying (i) th&t the amount to be paid to the Developer for th(: Improvements or other portions of the Project is equal to or is less tlw1 the lower of (a) the actual cost paid by the Developer of acquiring, constructing, and instalJing such improvements (based upon representations of the Developer), and (b) the Engineer's estimated fair market vaJue of such Improvements, (ii) that the Imprm'ements or other portions of the Project for which payment is to be made are part of the Project, (iii) that the Improvements or other portions of the Project transferred to the District have been installed or constructed in substantial conformity with the Plans and Specifications and applicable laws governing the installation or construction of the same, and (iv) that all currently required approvals and pennits for acquisition, construction, reconstruction, installation and equipping of the Project or any portion thereof have been obtained or can reasonably be expected to be obtained from all applicable regulatory bodies,. 4. Payment for l'TIprovements. In accordance wit.h the tcmlS of the Indenture, the District shall pay to the Developer as total pa}ment for all the Developer's rights or inten:st in the Improvements One Million Four Hundred Thousand Dollars ($ I ,400,000.00). The payment of the purcha...c:e price shall occur in three in:;t.allments, the first at .., j 16G 2 closing, the St'.cond after the compteiion of tile Project and 2.cceptance th~reofby the District and the third one year thereafter when the District has gIven its Final Acceptance as defined in the Construction and Maintenance Agreement. At Closing. Upon certifiCJltiol1 by the District Engineer that the Improvements t;;orweycd for which the Engir.eei has had the opportunity to inspect h"ve been installed or constructed in substa.ntial confonnity with the approved plans and specifiCJltion.:; and in confonnaIt<:e witÍ1 all applicable rules, regulations, lóI.w3, ordinances and ;,11 pcnnits and approval~, and that those Impruvements ;lre valued :lI\d cost (which COSI is celtified by the Developer) DO leS3 than Eight Hundred Fifty Thousand Dollars, the District sh411 direct the Trustee to pay the Developer from tÌJc Bond proceeds at c!osing, Eight Hundred FiftyThousand Dollars (S850,OOO). Upon Completion of Project. Upon the certification from the District Engineer that (í) the remaining Improvements conveyed by the Developer have been installed or constructed in substantial confonnity with the approved plans nod specifications and in confonnance with all applicable rules, regulations, laws, ordinances and all permits and approvals, (ii) that said Improvements are valued and cost (which cost is certified by the Developer) no less than the amount to be paid to the Developer in this installment a.nd (iii) that the construction of the Project has been completed and accepted by the District, then the District shaH direct the Tmstee to pay the Developer the second installment, the amount of which is to be detennined as follows: The amount of this installment of ~!Je purchase price shall equal that amount which, when added to the amount paid the Developer at closing ($850,000.00) plus the amount that is to be retained by theTrustee in accordance with the Construction and Maintenance Agreement between the District, the Developer and Collier County, Florida (ie $231,065.00), equals the Purchase Price, Notwithstanding the foregoing. in the event that th-:re are not sufficient funds in the Construction Fund to pay any portion of this installment of the purchase price, then this installment of the purchase price shall be reduced to equal the amount remaining in the Construction Fund that is not being held in accordance with the Construction and 4 16G 1 Maintenance Agreement. Upon "Fical Acceptance". Th~ remaining balance of the purchase price shall be paid by the Trustee to the Deve!oper at the direction cfthe District IJpon "Final Acceptance" (as defined by the Construction and Maintenance Agreement) of the Project from f'J.J1(Js remaining in thP. Construction Fund in the Trust Indenture, In the event that thefl~ arc not sufficient funds in the Construction Fund to pay any portion of the purchase price, then the purchase ?ricc shall be reduced su that the payment of the amount remaining in the Construction Fund shaH fully satisfy the District's obI igation to Ù1e Developer and the DeveJoper shall have no further right to a..1Y additional payment far L~e Improvtments. The acquisition of the Dcvdoper's rights or interest in any portion or all of the Improvements by the Dbtrict and DiS'L1Íct's payment for same shall be in accordance with the tenns of this Agreement and of the Indenture, which Indenture is specifically incorporated herein by reference and made a part hereof. 5. Condition of Improvements; Warranty. At the time of conv<:yance by the Developer of the Developer's rights or interest in the Improvements as provided in paragraph 1 above, the Improvements being conveyed shall be in good condition, reasonably free from defects, as determined by the District's Engineer, and Developer shall furnish District with a warranty, in a fonn acceptable to the District, guaranteeing said Improvements against defect in materials, equipment or construction for a period of one (1) year from the date of conveyance. 6. Specific Performance, In the event of the Developer's default under this Agreement, the parties agree as to the absence of adequate remedies at law; therefore, the District shall have, in addition to such rights and remedies as provid~d by general application of law, the right to obtain specific performance of the Developer's obligations hereunder. 7. Waivers, Any failure by any part to this Agreement to comply with any of its obligations, agreements 5 16G i I or covenants may boe waived in writing by either party. 8. Amendment This Agreement cannot ~ amcnded or terminated orally Jut o~iy in writing executed by both parties. 9. AppHcable Law. This Agreement is made anà :;hall be w:1st:ued under the law~ of the State of Florida. 10. Further Ä!:ì$urancfJs. At any anJ all times, th(:i)f';vç\Qper shall, so far as it may be auth01Í.7.ed by Jaw, make, do, execute, ad<oow!roge and de1iver, aJj 4J..'1é every út~et fu..~er acts, deeds, conveyances, assignments, transfers and assurances as m~y be neces:;ary CI d~~\ìrabi~, as dettrmin~ by the District, for tht: better assuring, conveying, grantL'1g, assigr:ing and co1ftrming of any and all rights of í!lt~st in tbe Improvements which are inteíJdet:l or required to be aexjlÜreJ by or conveyed to L'ïe District as contemplated by tile Indenture and this A grttm ent. 6 16G i IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written, A TrEST: HERITAGEGREENSCO~ßn~ DEVELOPfvŒNT DISTRICT fiy:. Jakl1es R. Reinden, Cbainni1n A 7TEST: HERITAGE GHEENS DEVELOPMENT LIMJTED PARTNERSHIP Rotlto Dc,tbpmcnt.s Naples, Ij]c.~ GtnerJÜ P2rtr.C' By: , President (CORPORATE SEAL) 7 EXHIBIT H CONSTRUCTION A~~ MAINTEN}~CE AGREEMENT 19 166 1 12/24/96 113:53 1 913 3943156 no"">n'? 1 6 G 1. t-(). 739 nE ~TO GRa...P IF ~lES ... 904 681 «H:::ur 00: F"RCJ1 : P~sonl c: FAX SYSTEM PI-OE t-(). : Dec. 23 1996 es:01PM P2 . ~ CONSn{VCTION AND MAINTi:NANCE AGREEMENT UF S1JIJU1V¡SlON IMPROV£MEN'rS FOR COMMUNITY DEVF.LO.'MENT DISTR(CTS , , TillS CONSTRUCTION ANO MAINTENANCE AGREEMENT Of SUADIVrSION fMPROVEMENTS FOil COr..1MUNITY DEVELOPMENT DiSTRJC,'S (Ihi~ "Ae,recmcnt-) is ~nlfred inlo (!lis -.I!!!!!!l:'.. dðy or ~~~__. 199____ hy I\/ld OfllOtlg J~ERn AGE GREENS COMMUNITY DEVELOPMENT DISTRICT, !In independeJlt spcci;¡ db/riel w1d lx.xly poli!Í<: nf th<: SI;)(I:: of Floridu (the "Di,lrlt.:l"j, RONTO DEVELOPMENT OF NM)LES. INC, tilt: ("Ocvelnf,{'r") ;ll1d th~ nO¡\RIJ or COUNTY COMMISSIONERS OF COf.LlER COUNTY, r:LOR![)¡\ (the "Ol)urd") R !: C I T ^ L S; A. Silliu(øn,=ously herewith. I¡(: f)ev~lopcr lun CippJicô (or Ooerd npproval of the thuI certnin plu! of 111<: slIlxlivisiulI to b<: known ilS lIerilnwe Gn;cns (the "Pial"), B. Division ).2 of the Cullkr COUllty Unified Land Devdoph\Cnl Cuuc (the NCmk") rcquires th.,l IJi~lricl and th~ Developer 10 provide cert.;]in uuarnlllccs (0 thc ß!)Urd ill ((l11IIccliu/1 with (ile <:oI\S!ruélio!! of tlt~ irnprovcnlC:nts retluirc:d by Ihc rlul, C. ïllc District I.Ind the Dc\'clo('K:r d~sirc 10 prQviJ<: tlJ<: required guaralllces 10 the ß(.h)nJ hcn:hy. NOW TlIEH EFOH E, in cOl1sidcrnljon of Ihe: fore¡¡oilli,; premises ~n<.l ilK: mUlu;¡1 cn\'cl\¡nls hcr~:il\alicr set Il,rt¡. rhe Distrkt. the D~vdoper And the ßoanJ do hereby coven<&111 and ó1gt\.'\: as foll~!w~: UP F,; I~ ,UJ.Y..íUJiO y ISJON~: - j. ß..¡,:uuircJ [Inpnu:r.ws:..u.l.s, The: District will cause to be conSlrucled: wøCcr.lewer. <.In'loltSc sw<.l rOMt.lwA)' Infrsutruclurc HI rf<tulrcú "nil .hown on the IIcrit:agc GrccH' conlh'uccinn pllln ut, except thoH Impron~nt(!n~ within tho Xolt' C'OUf'":'\C', (collcctlvdy. the "Rcluircd 11p(ovcrncl1/s"), SlIbje::cl10 Pnr:tgr¡:¡ph J hereof. Iht: Required Improvemcnts will be construded within thirty-six (ìú) months from rhc Jate thut Ihc Ooard ;Ipproves the PI..I, 2. S~curity for ReQuir~d lr"PHH~œ~, A conltruction lùnd (the HCon$lruction Fund") hnJ ~en eSIQh/í,hed by resolUllon Qf the Dislrict Adop<ed on~, 199_ (II~ -ßond I").csollltiou") from which the: cost o( construction of the Required Improvcment$ ¡huH ~ paid. TIle Construction Fund shnll be held in the cu.'stody of Q bond tr\Ut~ (the "Trustec"). f'mcct:ds of bonds 3Ulhonzed 10 be issued by !h~' Di~(rkl pUflIuant to the Bond Rcsolullon (Ihe "Uon<hN) .hall b< deposited. Qt . mInimum. in the Conalruc:don fund and fonow,: S..11! l~~J' ~'ror costs of the Requin:d Improvl~mentJ (the "Construction Amount") and 12/24/96 10:53 1 813 3943156 n-€. ~TO GROJP Œ' CO'~'HES ... 9Ø4 681 ø2Ø7 t-ü,?39 00. FRO'1 : PaN:Y.)n I c FAX SYSTEM ~ ~{). : Dee, 23 19'36 05:01PM P: - 16G 1 S 7. "l:l b ç- reprcsentini ten IXrc~nt (I O~~) of t.he C(¡nßtruction Amount (the "Reserve Amou:1I"). Th~ Rc~rve Amount shull ~ rdain~d ¡u ø. reJerv(l!n lh" Con.structlon fund pU:~UlU1t 10 paragr'ph 5}herc:of. In ndJitiOIl to \00: forcgoing, proce.cds of the Bonds shall ~ rClained as e "R~:Jervc: A,r,ount"}, The Rcsc~c Arnol.mt shan ~ deposited with tlK: Trustee to be held 4.S caritaliz::d in~crest nut! which. toiclhu with intw~:tt eo.rnr.d on the BOllcJ proceeds depositcd in the Conalructio£,.r-UHd. shall be iumcient to rny inkrc~1 olllht: Bond3 durlng,\hc: ~ ~monl.h ~ri~ followills,t the issuance thereof. In addition, proceeds of the ßonds sholl U~ ol:positcd ""'ithin the T rU!llt':c ¡II the Debt Service Rcs~rvc ^ccount t'S1,1blishetl by tlie Bond Resolution in :m amount su!1kien: to PQY npproxill1aldy ,!welv'£: (J 2.- ) m{)n!\;~ of :1ebt ¡(('Vice on thl'.: Borxh. TI1ere ~hall be SUmcienl monies in the constructiol! Cumj Ie) cO:¡~lruçtth~ required improvcments And 1\11 other imrrovemenu Clulhorizcd hy th~ nUi!J RC$olulion. 0' wd! <\5 to fund ,he n'::sc:rvc: Amounl. I f ), c.oll~:rllctloq of R~Qu¡r~dln)¡tt~.u::.~Ú.l. (a) Annexed herl!to Dud made fi part hereof al ~xhjbit A is a COII:.(ruction S~hcJulc rel:1tin~ to (hI! Rc!uílcd Improvcmcnts (Ihe "Col1slructioll Sc~edule"). The District shall commence cOlutructi()n or the: Required Impro....ements within (4::>0 ) days followil1¡ wrillen construction opprovíllto lhe District from tl\é Developmcl\t Services Department and the i~~II¡IIICC. sale ami delivery of the Oouds ((he nCoOlmcnccmcnt Perioò"). The District will pursut: cOl\struclioo of Ihe Required Il11provcmcnls to SUb5t0I1liul completion within 7'Wel..;S CJ1.::..J months fo!lowin~ the cnd of the Coml11cncement Pcriú<.! (Ihe "Construction Period"). (b) In the event the Di51rjçl rail~ to: (i) commence construction of the Required (lI1prov1::l11enIS whhinlhc Commcn<:cmcnl period; or (ii) subslí1nlially compfcte cOll3truclion oCthc Required ImrrOVfmelll., prior to the: expirulion of the Construction Period. \lpon wrlttcn l1uticc fu Dcveloper by the l.}():mf, Dl.:vc!0pcf shall inllncdi~tcly become responsible f{)r lhe cUllstructiulI uf Ille Required IlI1pf(lvcll1l:l\¡~. The oblìgatiol1tu construct thc Rcquirctl Improvemcnts within Ih~ Constrllction Period shall be joint obli~(\tiul\ ofholh the Oi.triet LlI1<.I the Uevclop<:r. 4. BOJrd'~ PreJirninDry Acccp~ of RCQuirt!d Imprgvemt.n.1.S. The 8o~rd sholl nol consider the Required Improvcments complete until a statement of completion ~,y the District's or C,=velop<:r's conslllting engineeu. toseth~r with 1M (innl project fecords rdn:ed thereto. have Ocen rurnish~d for revicw and approval 10 tbe Dcvdopment Services Director o( Collier Coul1ty. norlc.Ja (the "Director") fOf eomplionce with the Code. Wilhin sixty (60) days <-'f receipt of the stnlement of completion from the: District. the Director shall submit hb recommCThJ,'lions concen,in~ the Required Improvl!rncllts to lhe Board. Upon the Doatd', receipt of the Dire'C:lol" acommendations. the Bo"rd ahall. within Ihiny (3D) days thereafter, either (IS) IKlti(y tl~ District or Dl!vc:lopcr. in writing. of iu prelimlnl1.fY acceptance of lhe Required Improvements (the "Preliminary Acceptan<::e"); or (b) notify the Dlstricl or DcvQlo~r. in wrilin~. of its refusal to preliminarily accept the Rcqul~d ImprovementJ. therewith specifying tho.e conditions that the District or Developer must fulfill In order to obtain the Board', Preliminary '. I 12/2<V96 1Ø:54 . OJ.J j~jl::Jb H£ POHO GRO..F Cf" c~n ES ~ ge4 681 FRO'1 : Pana son I C FAX SYSTEr1 P!--Q.E ~.cJ . : Ø2Ø71 6 G Dec. 23 1996 øs; Ø2Pt1 p~ 1 HJ.7J9 00' ^ccc:pt¡}f1CC l)f the: Rc<¡uìr~ Impro\{Cm~nt5. In no evenl :>h"lIthe Doard refuso PreHmina.ry t.cccpla¡¡<:~ e,f th~ nc:qIJil cd Improvements if thc)' IU'C constructed faud subll1ittw for ~pprov~ in occordan<:~ with lh<; rcquíremcnf.x oí this AgrC"emcnl. 5. !ilii.i~~~.c_àU.l\.!w.J.%. The DlrJlIÏct or D~\'elo~r. llS the CA$e may b<:, shr.lll1lailll;:¡in all R~(I"i,,;d hniHo'lC::nI~Ils for n mi"imufT1 o( I)t\e: YC3r aner l~relil1lin..ry ^CC~rt8"ce !"y ¡he Buard; a~ SOOI1 as pr"c(ica\ nn~r th~ ot\~ YCIU' mail\t~l1.nce period by the Districl ur De:vdo~r has Icnllill'l~d, lit!': Devc!0rlOtnt Service~ nirccior shull ¡IIS~ct the Requi,~d IllIplovcl1\clIl~ undo ir fOI$j 1\1 be :>Iill in cOlnr1i:m.;c with the C(ltjc us rcf1c:ctcJ uy linnl oc:;cpialll.:t'; hy the Uo~rd {Ihe ~Fina1 ÁC::l'pr;\I:Cc"), ¡ht üist¡icl'3 rc'poll~iLilit.Y for rnaintcnancl: UII'~\~r thi" /\gre~I\1('ill of Ih~ Rcqui,cd Il1IrrlJvefllc"'~ sh~¡i leflilin.,tc; othcrwiae, the District'" rc;o;pulIs¡hilil)' rnr 1!¡;¡i,,!c;naIKC ~t·lIcr;Jijy·,:¡;tll çUlllil!lJC tlnri; Finu/ :\cCe:rllsnce by the Aoartl. SIIn! is cquullO tIll.: j\<:scl\'t AI\\oUI1! sh;:dl h~ mcn!CJjll~d by Ihe TruSI~c on dep.13it ¡n tit<: CuwHru~\io!Í F·...l1ù unlit tht: rilllll ¡\',;cepl(lncc of the Required ill1provernenls, 11~ Board shall n:llcCI ¡'S adlllJwJ..:d~C:I11C:I1\ 01 C;1I~h lifloin~ by notifying lhe: )iSlfi..::. jn writing. u(il~ final ¡h:C,:ptUI1CC of Ihe Required Imrr$v~mc\I.' (III~ "Final ^CCc:ptI\IICC"). Upon receipt of Ihe tlotkc of ~tK.:h Finul ^t'CCptlllKI.:. the tJistric( 511;\11110 longer be r('quired under Ihi, "Hrc,;:mCllllo f}\nil\(aill the: Re~C'n.'e ^lIIoun\ on deposIt in Ihe Construclion r-\ln~J. In Ihe event that durinG the IIL<:£'ÞI:ClíOlI Period the Director 1¡lIds 111;)1 ull '-'r :\C)/)c pvtlion or the: Rcqulrcc1 Impro....cments arc nOI In c(IlIpliallce wilh thc CoJc. Ihe Dirc.:clor <;lIall promptly specify, ill writing, to the District IlIme ddicicm:ics Ihut lUu;:j11x corrcclr.d in order to bring the Kcquircd ImprovcOIcnl9 IlIto I.:C11Ilpli:tJlI':C: wilh Ihe Code. The District shall nrply the R~'ervc: ^moulllto pa)'mCnl of the çO:l1 or corn:cl;lI!; ~uch Jcfic, iclH.:ics In tht.:: evcn! Ihe: District fails 10 pursue such corrcçtivc action. the Developer shall hrilllJ the RC4llircJ Imrru\'(:rncflIS illlo l:omplii.lncc with the Cl>d~. Upon com.:dlol1 (if Ihe <;pcciticd Jdicicndcs. Ih<; Director shull :\g:¡jll inspect the RequlreJ Il\lrruvCIII'':II(s alld if found (0 be ¡II curnpliaJlcc wilh the Code. ,hull submit such (¡lIdi"H' to the 1J~;lfd fur il~ fillJ! ^cl.:cptl\!1ce thereof. .. 6. Pll.lt R~¡;prJ1illÌilU, Tllc BCJmJ ;JcknowlccJlJ~s thaI Ihi, Agrccmcnt i~ 11 NCnl1slrllctioll ¡Jnd f\himcnnllcc ^~r("cU)elJl or SubJivision ImprovemCtll!;" within Ihe mcaning or. IIIIJ I11cclillij lIlt: lequjlcl!\I::llt~ c~t;)bli~hcd by, Division ),2,'/lIflhc CocJc. The partic:! ockl1owlt:dgc ûnd :Igrcc Ihnt following the Gourd's (lpprovõ1\ of Ihe Pial: o. The Developer shul1 nol be CIII;tltd to record the Plat ulIlillhe Board rcçeivcs: (I) WrittcII111>lic(' frolll (lac rr\Btce thnt 'Ull\~ at lease ec¡u£1llo lhe COII~truclio" Amount aJl<J Reserve: ^l11oullt arc on Jcposit ill the COl\strut:tiQn Fund (the "Tnl5lee NoticeN); (2) Writtcn nollee: from Di.lricl and tho Tnulce that: (Q) the: project for whiçh bond proceeds have been received by Diltricl includes thc Required Improvtmcnts; .~ I 3 12/2'V96 1Ø:55 . öL.J ..)~.H;..o Tf-€ RO~TO GRO...P Œ' C~IES .. '3Ø4 681 ø2Ø7 FRO:'I : PanaSon I c FA>< SYSTEM PH:)'E t-fj. : 1 ~c. J.l~·:~0~;, (b) Iud.. Bond proceed, ßrc sufficient to finance the Required Improv~ments 11! welt as aJl ol.Mr improvemenla to be: financed by the Bonds (collcctiv~lì' "the ProjtCt") and to fund ¡he Reserve Amount îl,c Tru~lees r~prcsenrMI(1n tkll fum], !'1lC :!umcieJ1t to finance the Proj<:ct fÒr which Bond proceeds hDve been rc:ceivcd DS well as In Rmd the R~5~rve Amount is based UÞoII tIll": District E!1ginc~r'3 eSiimatioll of COI1::;truction costs; and (c) thc Prtlj.ect CQnnot be £ll\lc"Jed or changed wlrJlOutthe C()n~ct of the ~uarJ (th~ "Projccl Noticc"); (3) ^ reprcscntntioll fwd wJrTDnly from tl:e Oi3triCt Ihot all governmental rennit$ Ie cn~blc the Dì!lfricf10 commence construction of the Required ImpfOv~me"ts huvc been oolail1cQ ("Permit W6rral1ty"); and b, Upon receipt by the Board ùf the Truslcc Notice. Project Notice tU1d the Permit Warn1f\ty. Dcveloper sholl be wlil]cd to record thc Pint without further condition, other than roymcllt of allY rclOleu rCl.:ordil1~ IÚ3 cstahli,~IH:d by applicable low Dnd the execution oflhe Plat by 1111 rcquir<.:u P"I tic:!, 7, Llnbililï. The Counly shall hi\ve 110 liahility whatsoever to the bonu holders, N<.:ilhcr the enforamelll of the terms of Ihis ^grct:l11cllt hy the COllllty lIor fhe failure to enforce 311C¡' tcrms 1\11;11\ CrCJle any lillbi1ìty wh:J(socvcr to thc bond holJers, the District. or the Dcveloper, ^IIY cJlsclo!llHC JoculI1cnt rrl'J;Hctl by the Dislrit:l or the Developer in the: offering or :llH:11 0011<16 sltal! rroviJc a -'tutCIl1CIII LI$ described obovc rclatinij tu the lack. of1iability or I hI.: COUllly. R M~ccl¡.U)nn¡:¡, ^II of II1\: (erms. r.:Qycnonts ,\lid conditions herein contained arc, anJ ~hall be. hilldil1~ upon llit: rcs¡xcli\',: successors anJ ')~,~iglls uCtlle District. Developer ;1IIU !30ard, 13y executioll hdo\V. tlte Î rus',c sltoll evidence its a<':Knowlcll¡;'l:mcllt uf allJ Dsscnt tn the 1IIIIIIcrs Jddrc55eJ hert.:ilJ. All)' notice. (kmulld. re4ucst or inslrumc=nt üuthùrizcd or required to Ot; giH"1J or made hereby shall be JeclIlcd 1~1 hQ\lt: been ~ivclI ur mode whcn !lcnt by cCr\ilicd mail. rclUrn rc\:~i~t rCt¡\Jcsleu. 10 Ihe :1pprorrlatc r¡¡l1y Jtlheir nJdrcs:o; set forth bduw: t - 4 12/24/96 lÐ:55 1 813 3943156 TI-€ ~TO GRO.P Œ" CQ"'FÇf-H ES ... '3Ø4 681 Ð2Ø7 I'<J. 739 ~l 1996 as: 0JPt1 Pí ì FRCr1 : Pana son I ç FAX SYSTB1 ~ 1'lJ. : Dec. 23 To the Oiatcict: To (he Developer: To th~ Hoard: c/o WIU1 11 Cupy 10: T~) hc Tru~lcc: 16G J -------.---- - ----------------- COIII\IY Managf!r Colli~r County COlllp~CX 130 I Tatníami 1'l11il EDS! Nup!cs. rlod¡Jtr 34 ¡ 12 Of Collier Cour)!}' ^:orn~y CoJlkr COv.nly CUlllpkx ))0 Tü.nìiaml Tn~il t..aSI Naples. FloriJJ 34 ¡ 12 ------- ------ --- - '1' I 12/2'V':Jb HJ;~:::> TH:: ~ro GRU..P (T ~JE:.::' .. ~4 681 ØMI t4.J. {.);;I vV< - FRJ1.: Pat'\c16U'11 C FAX SYSTEM ÆO-E I'D. : Dec. 2:5 1996 05: 04f'M PI 166 1 I I -~ : ¡ I . ¡ IN WITNESS WHEREOF, the Oi,mot, the: D(lVoloper and the Board have: ~uacd this Agreement to be executed by their duly authorized ~prc.aent.ative U of this day of .199_" DISTRlCT: H@UTAOEOREENSCO~TY DEVELOPMENT DI~TR1CT SIONED. SEALED AND DELIVERED IN TIŒ PRESENCE OF: A TrEST: By: _ 113: ____ Diltriot SccretMy ...---" DEVELOPER: Y..hAA&-Ñ Gb~ ^ff:fefA TE8 Wltncss By: h3:_ Wltn~ .. , ^ 1TE5T: D\V!GHT E. BROCK, Clerk BOARD: By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA -.---.- By: JOHN C. NORRIS. Cbainnan Approved as to form and Legal Sufficiency: f 't County AttQmey .~ f Acknowledged an.d a.saentc.d to: - ":F' '} ;. as Tru..'*.ec under thø within-m~ntioQed " Bond R,..·solutloD By; Ju: Date: , -r , tj ¡:. :J. ~ þ ;I'~ ' 6 . . ,.-;",....,..1 .'" ·,..·'.·..,......r . ~,,' " ,.,"l::v.· , ~tr:~::./.~~'¡·.! .~ ~ . ~t~·t~~·~·~... ~ .. , "i~1 } ~;¿;4vft . '1'1- )... 1 ». t:~ .'dr:¡! ¡:"~rJ. " ·if¥~.i?~. ,',': ti'JÁUÈ~œ".J;· ·16G '~~reØ&¡e:ôP . "ECriðNoF11t ,:' ~ TAX ROLL ::¿_~.¡.;::,~,:;{~~).~:-;,;;';.f~., ":""'-'r:,,¡;;,:S'~,.,g.7131 ~ 1~F~~~>.h>·; :. ·~~\,t:.\~,> fk"~t·t;' ¿'J~..,..;?~<,::~}~ .~'~ ~ ·riC'h .'.' '1~""-'; 021 ~ "~:2t{~··~F.,{C"\of»···"''' .< -....._~,'~.~~-.;- t~\<:::',J;;..;.:;'~:).;·~.~,·:...'~'.· J .' _ ..p ,~~~. "1UI,~;g.r:.';~'~' ....,......~ ~~.~. !.,,",~,,.:.,,,... ...' ~.'i":...' ...", . ,» ' " ,.' ',~ .~ ~.. p"~......í.--" .. " ;-" .~.... '; f!":~" , ~ PROPERTY OtANGI8lE.BERSONAL,PROÆAiY"·',- ;. ,,;.t;-;.;~. '. . ;.,r.,.;t;.,,<., '. . , ; . , ,I,"~' ...w.-.. ".... W~~~·:';~,~r; ;;'<:. "';";'; ,~Y, ~... ,':; '.' :;:;'t' ;'.... a CIIIÜua A I1Un 'x¥,' :rl.~.·>.;.g.:;~.,~ t~~· : . " /:' ,_ . _ r ~ ~.'r;.,~",' " ~', ~~. ~ ." ( .. ~.,~' " f.it:..~,;.j.'c , ;/'.'.... ¡.-....;1'·, ' .~.. .:fO:';~;· '<t";.~ ' .. ~...._.', " :y.~~.,,"' ~~!"'..~;::" "i~ .' "':'~:"'i' .~~. ~..'~;>'\"; ~.:¡¡:, .~ . 'Q~~'ft,.-. 7&;. '.'. ;~.' '.'''.'...- .\.~.: , .. ."\~"" ... : . '''"1Í;J~';'~''', ' '" ",~~~,,:!l~..,"'; ,~~~;gf.~~~ 'rt.:~:t4.5 ~/~....?"";o~ ,,\. l./ '. ¿: "':'j." ~ .0;' .'-;':~::i~>"r '-" ...., ' }:~É~\~Øfit;··· t..~'...,\ ,~",.,,.,.~...,.. "",,'" fÄ~~:~f.·~{¿,:~~::V:,~,;.~;'~¡i~~. (:.....'f....,.". .," ..t,...!......1"'., " ..,.;~.~,~.,;,: ...:~..; ,,: - ;,:·f·'·J~:;.:,~:·ri:..~'~ . i~l, " . 7·..·'··, ""~' '",t·, ·.t~.J ~~}}~~.:·,'~r/;:~~;'} ;'f.~, ·-v,f:-;'·:~~.~~.ttÄ"~C:f.iWAS: ' :J THE CORRECT ASSEsseD VAlUATION IS: "~"_'~)"~''''i~~''' ..... r,..,':~'~ .' ' " . : k .' '. ' . "~~,;-·.~~.;~X~~~.t,;,",.·F,~"\·~\.'.'.',.~,,;.....,..'~., "'~,'::''''':'''_-';',~. .~,. - "~·':;~~YákJ. -L~~ ~ ~ ' . " . - .... . ,..,. '.CkI$sii.',~~lÌlitVabe .~,.l..:,., ~y~. ' 'ì'.' '. ,. .r-. ------- .. " .~~tt,\~'~.1>:\,O'¡,..j~..,'\ '.:"w, ,.~" ..{,-' ...',.~;:,..,.. -VÐIJe'.'~'f};;-::>':'-;;'·>'" .':. .' ~';¡...;;,..,.J,.V. "':5 ".."" ~"'Ì" .. , -------- '~!~"'" '~..ft"..~..i',.~~'~'i~.I'.f.,;'.',-f".' j'~ :/_or;~., , ,-' ¡,~:. ~t'~..;::~, ~,~>~:<.:.;1'J.',;f.~:a'¡ì~;Ci5& "" .~. T:...M.W&, 'lål:J."... .-«11 ;~~~":c'-r..~..:.:L;_~' ----~.. ~-- ~ ".ft:'""'~';¡.c...~l~""';"'tv_~'-<"""""'~.~ 'J : ~: ': r·...~"',,..':, '. .. ."~_ \,'~_i..",- "'. J·tDrAtE:.xï§~ri"WÁS¡., THe cCR8é:T TAX TO BE EXTENDEo 55: ~,;.:.~Tl'-.~ ,-I. ".,t _·.(J.~t ./i'''~~,~ "../ ....;..1.... . I'~ . .¿- - .- "'~~. ~.;¥áf'~'"!œt .. ~/ ;";',/!,.~.':;,1:'''< . _..,'~,..'.,'::-¡,~;,;-:. ..-~.l'/·?,<J~~:,~(~_}~it~,. :~(~;;;·~".""I,·.,:-.:;·",'. .,. -- '. '. " '. ~ ,. _'" _-.,. ,_". ;,:-,' .~ 'A.\,.....¡ .~"'..~j\:,J,', ,;;:," t . ,,~~~~~.. ~ fact relating to an ~ØI concltbncf 'he ~ is boing cón"fcted ......stxty (50) days of carl ,Þf.ihøTtïc'rQ~œcurredon ;'''. 19_.~tOS.197,122(3) (a) FA :iL:i< ' ;. ' . ~.'~: : For ,CtAÍ'9cUOn: ' . .'. :""', ]'¡'~~'caÎIuII!dp 1MIS Y.IL. - '. , ~. 'j 2:' Nurroer ,.' ,~ ':'2_____ Daftì-ìt<Í:~;' 24;:1:fÌ(.:. , .-...~.:_.... '\;~~,.; :.o~!:¡ . 1;:~1 ,,' , .r·' .f',; " ----- ,. , , , . , ~:(õL· :;,j~~~.;,:: .. ,,~.... OJ ~.~R. PROPERTY ~R By ... .~.. , '.# ~ ~ '",' ,r '. ''11 -. ~. ... 'J,". - _ _; ..- ' ,J.. ,-~ ~'.Iad. 3 aC1tu~...,... , ~.." ,._ ,;.¡ø,~::. BOARD OF COUNTY COMMJSSIONERS >~J ~.::~.I? .8tt :.: . . I,~_~ r:~ . ..' r --- 4~ ..-.---- /j ,,';,.1 -? "7 ":/.'" --:::/ y' -,,/ .-' ~~ n~t.. ·~i;'·~"':~.r:, '~~~,' ",( '.:' "'/~", ·,t.\./., 16G '; ;,,·c·""'.· _. " . . , . '....\1.., .... . ;~~~~ . ' ." .,:!...,;¡.... " ~..~: :'t,':'. ." ' ,1..~;;,. _ ~.;' " " .' " hllC.iii.$,;""."....+/.". . '~~"'. ,.",,-,../,6111.. lMðtltU&l. ..' ER.CfA.~~,.,. . ''11'TJ'~}J'r.-..·.,:''(, ' " -.l...~,.....~...~ ,"', -'. - '":F~;'''œA1ífICATE oF'bOOREc.TK)H OF 1~!L- coù..IERCOUNTY TAX ROLL ;~r ; SectIons 191.131 and 191.1~ F.S. ,,¡( . and Chapters 12D-ðJ121 and 120-13.006. F.A.C. '. :f~:~~';~": . rn RÊÀL~OPEm DTANGI81E PERSONAL PROPERTY '>l~ 'c':': . . ¡;:...J . ' . .. -, " l'_"h Creek Corid.o Ilcla 4-203 . ... ~', I", 2j Nurrt>er 19 Date 12/31/96 , F~.·:,~,V.. :¡.;'.:"- ,.~.~..t~~~¡¡¡{&j~6,; .>,.'. .<:: ':,. , ,..', ' ",' :1h ;', ·'Y·;féC'i¡¡ø1~:Cr..·Cu··'20~j, v&pl"~ rL 33'" '·;~.~~,)r,,; ",<" , " , ~9tIon: &ua .. rf.Al ASSESSED V ALUA r:ON WAS: U~.1~. ______ -------- ------" , ,/ . ., 4~ ';.' ,: ,'~ "UOOOOIi, }:-r~~j .:::,~";,26%40 ;. Line r,..:\'. ':;.~' ,7' ,~ ' "....~ Land lJse os 04 -_.- .~. ......... )/ ~ )/.// . {7, ,t? Date THE COOF\EC T Þ.sSESSEO VALUATION IS: AßsesS«l VóWe 136,000. C~ied ~ VakJe Exerrø Vakle 15 t SCO Taxgbtg Vak.¡~ 1l0,.sOO THE CORRECT TAX TO BE EXTENDED IS: 1671.47 --- -------- 19 _. pursuantt» 8.197,122 (3) (a) FA '". reinat4te4. Clerical orror. " lASE SKINMER. PROPefm-~AlSER · _/ I I . \ By X1Ali¡~' ~:.-,v-'¡' . Deputy 1,. Garrett BOAAD OF COUNTY COMMISSIONERS ~J'~ By .... ~ . C'..hain'nan { '. ': ~/!(I9L_ Date tr,J1fk\....~....ltf.-.!..~. ': :II''''';'t' 't,~ -, , ',',' '.t~"t:. "'" 16G 2 (,\ '~'.,'\..'¡~-Y (. "':....... f· ,.,t)~ ,f~..\i' ~' ;, .' . "~ ~; '. ~ADI: -L-__, ~Þl.~~~¡;:. .... " J(1'~'~~w{..éATeof¡cóR~~ .~~ ,TAX ROLL ,~I~,o' 'j. .. SedIIônS 197.131 and 197.122, F.S. .. .- anø ChìptI¡Ø '1~:021 and 120-13'~ F AO.: TilRÉÀl PROPERTY OTANGIBtE PERSoNAl PROPEFrT'(. Gol'" Çate Uuit 1 Ilk 13 Lot 4 Nurrber 80 Date 12/31/96 "'{.' .r' ~ ;;' ,/':')/' <, ~~ ',', ...------ '-~ '. 1'" . . THE COO~ECT !..$SeaseD VALUA:rION IS: AuMssed v's1oo '.7'. CiaMifled uN Ve.h.le ,'-' ., Exempt Vu.e 2$000. Taxable Va~e 4361Q. THE CORRE-CT TAX TO BE EXTENDED IS: 705" 19 :..~~r~;' " <'Os: .::'~~' .. . . ,l~::.~~~~\ . .. 'eoi Jf J.øpIëcabfe) -~ ': '.< ~ ~, . 'Material mistake of fad reia1ing to an essenHal condition of thJ property is being corrected within sixty (60) days of cert~ .~ttIe Tax RoI which occurred on 19 _. pursuaníto 8.197.122 (3) (a) FA ~.. ..,~ ." :r ,,' "' " 'FôrComcUon: * : ~ ';;'¡-!.', " " , ,,' I.;', " . ,Ðt~(;~"'aÐd ~!!! _11 fonarded. ~Uent ctiel ~rKebe ,)aoeøt" nce1.F't cari 01:' ~ -.11.' ttaerefor.. U" tto.e.t.ad , r..."".<·., Rdnstate 19'96 "'.te.4 ne.ptio1t.. ,; Iif" , , -;,'/~ ~e / ABESK By Oeøuty 8OAROœ~COMMf~ >' ...~,';=~--' ~ .;'.' ~ "..,¿ ~~., , C~-', ' >".'.' , NSER , . ....!>~ . - . ;r ·,~~;}:/~t - . ,.. .- - ';"-" " 3""7~1 '. . . . . . .:' 1 ' ;-:-iJoo 04 Lánd USe 01 " ..3/#(;71' . n:o>ttl '~~.,,#....... -'~-' " ..'.'." ' -. ,... '..........<:...-..-...... . .-...... . .~;,. ';;'.:~ ,.~~i~.- ~ > ' .. -""-:,;. . ; ~~f;f _ .'" _~¿i )~:., ...·,L·\· .> -'.'~~ ...... .;~ ;~; ..:<'Ct..uIHCATE ÓF' ABE ~ C~à,{tfW~ TAX ncJ 6 G 2- } þ.... ". ~ SCCOcns 191.131 . 197.122.F.8, ~ and Chaptar.S12D-8.021 end 120-13.006. F .A.C. 00 REAl PROPERTY DTANGIBLE PERSONAL PROPERTY c.coa.t Cr..k Ouit 3 .1~ A Lot. 13 , 14 U»I -- -0- ------- Nun'ber '&4 Date 1/3/91 THE CORRECT ASSESSeD VAlUATION IS: Assessed ".we 82130. ~UseValuo ~~ VakJe 25000. Tzxsble Vt!lue 571)0. iHE CORRECT TAX TO BE EXTENDED IS: 901.06 ~1f,~}, ". ~.-~. - -' . . ,.- "matorial ~e' of fac:t)~ to an 9&g~ntlni cordtbr. d \~ pmr)erty b being comK:t:Jd ~ stdy (60) days of certil "1./', :".' .' " " ' ~,~he TaX Roll whichóOcurred on ____. 19 _. pu.~ t:) 5.197,122 (3} (a) FA ,I 2U3elt80006 Line 01 Land Use 01 .-- ., ' ..-!' ÍÞ- : . ;.;, Þ' , " / . _,/.~. <T'jjl<t.l ,,,J IF ç _ - .. . CÃt1: d.rll r~,e4 .....cud '\ (" A8E SKINNER. PROPERTY A~AlSER By --..::...;~ !>..' " , ~ S.lly C4rrett BOARD OF COUNTY COM"USStONERS By ~fJ ?ft~: ,.., .' - - -. .' -:J/L.//9Z- , r"\....f,.. :;¡;:,;;;~t};:t::(-., ....,(I!. (> '. ' . ;¡þ.' .. .'.;':': : ..c..-<'" .. . 'j .~A,... '..II! ~1Ya:u #'WI!.~~1%;.. ., "~':'''~'--'~'...q.:V~~:~~·':'''~' ,"~~.. ~~^1it..~~......., ~~,~ ,. ~:~I~ATEðF'-' EC'f1OHOF1t~.'. .'.. /', ,}S~";'.'; '., . ," , ,.' Secllnns 191.131 and 197.1~ F..8: :. r,: <..L1C~ ' . am (",t~IfS 120-8.021 árd 120-13~: F AC. _ ·%t<:~. (!] REAl PAOÆRTY Or ;~.NGI&.1: J'EASONÞ.l PROPERTY '- ~;:", . þ .'..~.. 0e3"~ ~C. Uelt 5 Uk l64 Lot 'l ',' ;:/ 1", TAX ROlL 1 6 G 2. """œr __ t9 ~',- .... Qat(;! _-1lUfL.__..__ . ,. .., t,_:-' . , :r~~~S;': . .. j;' ,'" '" ,,- -- 1HE coRRECT ASSESSEO VAlUATION IS: ~ V:øJtJ 51396 '~~Våle . Ex~ ~ätm 25000 T~{~~ 26'" THE COARECT TAX TO BE EXTENDEO IS: / ,j.6..u ---- ,-' ot-il1n41 &P?11cat1on nQt enured i,¡to c~~!'.. Clut errot:'. Ph.... usa.. con.c:tt-d bill .~'inf, 1m boftutMII ftXAt89t10'Ø. i ~ . 3623 7120004 line land Use , . -- ~. '. "By < ,..:- >., .',. -" Depìitt --I . , " BOARO OF COUNTY COMUISS~ERS By.~J ~ . , Chafi'mæ1 0) 01-- ---- """", L .i~ :..-, \ . ..., / .>~-:.~ .' éy Tåx ~aector'¡':" ) . /...-1 -') ,/ ./ "'------- DatE! ...3 /¢...1 Date ;:,'-'.r,lft't';,,·~~!;,;,jt'ì">?\)-·>;¡~ ~':" ", "'-:, ", '·:"...-r¡i~S~ " i':' ~/~ .,.~; ß ~"p..7·.~ .r""'i-~~.7..~ 'Í~' ~ " _...~..~ ,~"'z..1rr..: "{".It '~." "...... ;....('. .It,' B'SkI....· " CF' ·A"·', ,.Y' -t.. ..i"'.~.' . ~ ", - r ':'#"'4 ~ . E __^#~I'"". ~... ~¡ , ·...U ..... w."-f ~,. "I.<' ... ~ '4':',> .. .' 'I~J.'.· , , . "'I'I'~ v~; ~ : ~-:-; ..ïot" ~-ø' ·M~. \..., T ...' ''','{' 1- _~ ",00; . . ", ;#. ...~ ~~, .............. _ ~,,,~"",'~ , : .«ii-:~~·.. . ?l:f.,:":;..Þft;.~,:t...' *~17.1311hd 1i7.122,~. ~" ·1 " ·....ff~f\i¡¡.S1:~i~··~···,·..U:~..1~!D-8.Q21 and 1?.D-13;~. FAC. . "JiJ~PRbPsny"'>' - []T~fie~'PROPERTY 'fil~ .~ '. .:~ ":""', ~,~ ,··:-'·:\~~ti.~:·:i~ ,:~}:;' :: "<;'ñ:~,~/:' t~~'t·.?ó~t .t \i~* ~ l20)' :X~,~),';'~i~~~\~' .. . · '.' I'" ¡"?:+""'; '!II'7".(,;..' j,.',.¡'. ." t,,o:~J·\"'~~"'~",~;·~T":.~~....~~"...,,,:·,,ff_ ....í~.. ... .., ... ' ","" .,. r" ~~ ~'r: " . , ~fò1~~' [":~~:~;'lrJf~'~'~)~"~t~f..' . ... . '. ··~"~~r._UM;·f...~~_... ,t. ~~~~'!j~~., ,-. ..:~;;.ç.~'~ml::", "" ~. e,<,~;.~,r.I""''' ":' , ~':~/~~ ~t;:;>~~ ~N:· :' .. ~~:~n~~;~"J . '. , .,.";1,~ ".'!.J.,1';.... ¡~lP-l.,}::·':? '.' ',._:t~.~ f;:;t:..,,~.: .:t":-;,:~.,jJ" ,,¡';:;.:..'/..;'~,' ,", ~. ._~". ~~ ;,,~... - ~]':-..,4.J1.~<c."~'~,4t\.¥!~.ç.....:" :;;,~,.''- ;. t.1~j '. ;ir¿~l.: .'. " , ,..",.,...:t...",- :'.~ :".to" #'~,l"~' ..'1"".{. ;:.~:.~-:'~ :;~>,~.;,:~ ~ ~::{:"-<-S~';- Oit~tt: j~ t.; ~..,: . ~~ ;', ~:~r· ':: ~i;,J~ ;/)f;c , : . ::.~}¿{.~{ ~.~j~~~ ~ 4". , . " )~.:,;;Ji:';' ... '~L'Þ.Ssr:sSê(;v Ati.JA TlON WAS: , - :_';t" ~': >~ ::.~ _~ ~ . 0,<:,.:'. . ;;~,." I~' 'tare' ....-{~.' .:....w~~ ~~; ii~,·!;,I.,'+.~V~~:~': :::';.::' , '" -... ." ~-:...........-, .". rJ~~'~ , >r~,~~~.. ", >' 1"00 m'·.·.. ,..'!..""'....~..~..'..... .'. '77~ F' .! . . ·V_ué., :. , " . . ,- ~ :,..~.. ~~" "..;, ",-'r!"> ,. '. "'. '\ ¡~- " . ' . , ·Ñ:.TAXt:XTENOEÐ WAS; ~/~-:. .:t,it-· . . ;. . ''!:. 'L503 at .:.~.~~~~::... r.. _ II ~.....<I:" , .iJ_·,·: ..,.,-;".", >..... !be lI''''''''càbIe) , ' .' . . ?Æ~.~;W"""IIIIie6Î~~1o 3lI.._cnr_dft..~.. boí>g <omx:Ied _1Ibdy (60) day< 01_ t.:'7~,cnhe.Tax R¡>lj.hlCff'óCalTedon ___ _ . 19_, purR...,1O S.197.1~ (3} (:.!) FA t~~·~~(¿* ~:~ "·1,' .:: ~) ,";," '~:~~J ,- . i\ .' for Corr,cUon· ." . .'" r~T'l)c" . ',. ", ' .;;¡~~ç.. ~~),~,!:' ~~t,.~.t?,t_ttiK OctoMr 1~5. lot sAt1tl" to 1"' w1ðcIwr. aeGpt1on. .,,)~,~. '.,. ··...àft'·~r. exetapt1oa. ~~~,:. :~.':' -S. ,', ~.;J ' . if"'')'~ ,. ..' ~~i~~~~'~A)';, ~ ~~;-::. .:~,.. 11\78.soo1103 ~.\ .:f.:] . ~"èïä~-' ~:' ,. ~r'~ ,~, . lin9 ',.._....¡j'.t '"~-- '!:". J1 ' ~ :.:/';, . . Land Use "T'_. '. 16G~ 2 :TAx ROLL , ',~ Nurrber 9t) --- Dat., ,~1/17/97 ________ '. r .....~ .~..Ç.:, ., ' ·:·,:t"~: ~: " .~ ì~~~::/ r~..¡i:~:" . ~'..J#;¡, '."~ . ·!'HE GORRE-cr ASSESSED VAlUATION IS: ~y~ 12J,UO QlssIJed ,Use Value ~~Va.e T~VatJ9 .tHE cORP.l:CT TAX TO BE EXTENDED IS: 15U..5I -- --- --- 2JQQO 1)8250 -, --- ------ ME SKINf"." E/~' PRO.PE~~ ~~R By ,,-=..(J t;;ir. "- v~ ........ ,< . .., Deputy ..~7 Ç&rre:tt O~ 04 .' ..:. 1:"'; 'þ.. ~~ .......... ßOARDOF: COUNTY COMMISSIONERS - '~J ?h~f' ,:!Þ/!9 ."'Z_" ~,-¥_Çl... . ,............t.-,...;..._ "" ~',:..., ,...., .¡'" -. ,tÃJèRouI 66 '2"' " NLm-t18f t2 1/7.2/97 --- I" . " Date . ",.,)~. ~. ... , , ~if\;:';F;'; . '. ASSE5SáfvÂluATtCfIJ WAS: '~.... :J,,\ ¿ V~, , :.'.:: ~~". ~~~;t:->. ','. ..:: ~.:- ':~".""" Usa Va/.ue ..;'-;.', _~:~~~~~:,~~:".~. .:'.;;,~ ~.n~:~(,~ ~~ .V" '. "0 ,"'" .:-V: :I.'~~ '~,!':: >';;," }....... . WQe:"'·_~'':''':~....:~,I'J.'''.'''''''''''' -". ····~':;·;;r;.;~,. " '.~~::-/' ':r<~-<.t..>~,.~ . '. ::l~ ex.r,~,WAS: -.}~ :--:. <':S"";'¿¡j*~30 ~ri~; ~: ',; ;~"~·=~.~f;~,;,I?'., , :If ~tWt.:.· , ~ ~:',i ::": ' . .~Of!#· tÚìatiog to art essentiaf ccrdrorlof fh". P'~ is bøÏf'\7 COft'8!Ct«1 ~ ~ (60) days of ~:J; Jr;r~~~!~cn_---- . "9__._ITt~~~7.'22(3)('FA >,.1· "." f' . "'), . ", . ....{ -~~: '1'" bOlM#tHd recojtpt. carð nttlnOci. i'o11ow-aplettu atateð . "', .~ :for¡At.':.lGCtt la/9S . O1~Mrr: CM1 lN~:-of' abMftC4tht' eeo-.rgla Ul.ttil It~Qis«J l~~tif'~*t.t.. Setty 3~>e 5ie. n.' .ftñtq 'local1:r i.".ftuary, :-~.Ü"vOrkt..::';tft>:GeoC'i14 terlpM'CI.!!:ily.. ..1I;8tct. 19M boINI.t....stmptlon. iJ~.'r·' "::';::i?3:- .' . '<.:<? '.: ".'., - \'. ~ --- ~ttÆ COR'RECT ASSESSED VAlUATION IS: ~vaibO' act". ~u. VII!u6 '. ~ '" ~" . f:;(~V~. 25030. 'T~V.' 55.,14. THE~~TAXTOÐE~~DEDíS: 831." -- ---... ---- , ë,è',",12HOOO7 flit ,,:'" I -.,:"¡',, : ,,>: bne 06 LMldUse -- ABE SKINNER, PROPERTY APPRAISER By Deputy y ~ ~¡~Jy ''d.~c~' , BOAR(}'OF COUNTY COMMfS¡1fONERS ' &t_.!~./~. J~ ~h~ '. ',.." n".", 01 " , II) J ~ _;:/~?rp;. ::~ :. .~'~~ .' ·Ñ~ -,,~.. -;,'~ ~> ; . :ô~..~ I.. -, ,- ..;1. '~1.~'. . p.~~._ '" ~ I'J.-:¡" .';"... ,f . !¢~\~!:' : '..: :>/,~.:" " .'~ ·'t :~7J' TE' OF" ,"'!:"'J....~, ~':'~;,:: : '. '" ' . _ .:~" SectIoM 197.131 and 197.1~.F.s. f~'f:¡ ,- ..... ,', ' ,.' ", md Chapllt'l1:~.021 and 12D-13'~~. F.A.C. '~'Ì'<- ' . f?fè; .' [if REAl PRoPERTY DTANGiÐlE PERSoNAL PAOPf.;RTY ~i;1r\. . ..'~ ,', \" I .~.( " r~ ' r(\ "~i f~:. tf ,- lifJ-~~' ":r~"~" ' '. . ~,~;;:,.;;. '. IÓ', ':t '-'>:'~: . ~1r!._ t'ft :.!I\';'lit:: · . I~ . . ',~H;' >' ',' - r.t'r:2"r'Dð.lfl;t' 1~1 'tt;:;if' '. ~or:~~ <:1:. I~j¡t'· 'ßct~ .' ......~,~~~..~.UM' F:t. 3~)37. " . '.t~¡le.~::r-~'i~~ ;:~r-> ~: "~' '~~¡r;r·., .7/1*.......... r "''''. ~.Jtr.~~';,·.., )t'.-...,.. ..rf1 " '{'!:, . ~ t JI; ~"'"".'...: . ( . 'j ~.<)., · :' '~~j~(l ~)~Jr ,:.,. " '.". ..~~. . ,.':,Y'.' ,<~;; "~i}~c" '. .. i~:t, ¡':.::-~:;.~;.:~: " r ~." ~.iJ';;......? ", . --' ...:,'~. : . '. ASSESSED VÀlUATlON WAS: THECORAECT ASSESSEtlVALUAr'ON IS: ,:"¡;/~~vj¿;fJ~ ':"i,,~,:.:,,'.·r .!;..~ 400 ___ AeaessedVatte .,~jKt~~¡~~~l~~t: ~~S ..*~Vø. ~:;~ ilrriÄlTAX~WÄS: .,',. THë~TTAXTo8EEXTENDeols: ::;:<:,::" "":-=; :;:: 3Hi... . :"4::;,:" 7:S..15 )i"'??>,:~: '~:~~~(;ll".t\.-;.>:~ ".:. . -~ . "'.::~'.,. eoxlJ~},.;~t, ''.' ".' .', ..'.... .". ',,-?-..¡, , . .~,~ ,~~.~ tosn M~ (Ùdt5rin~~.~~~. bek1Ó amedod wINn Sb.1y (60) days Of cet1 ,~~.;- ,.Of tb!J T~. ~ ~~ M:. ,.'.. .,,~. >:\. '.' 1~ _ . pursuart 10 8.197,122 (3) (s) F.A .. ',. .~. . - ' . . ,'" l.1 ,'1$:. ,.. '." -..' ~~~~ ;'~~ ;. '.. ".~'''''' ·;;,·~·,~'{':·;-?~r'·;~:~·, : ~ ",.~ . ~, · ".'." '~or ,...".....~~ -:~'i1;';o¡, "';"". ',t, ' . _ lr;!,.._.}I"'~'.~A~'~:-~:~.::\*,~ _, "'.: ;~':"~' ~~~:J, ...;,_ "'It: ( . ..' .'"~\"'~~~('". ...'. .'.·.6·'·' ,..).>~.';' "'.' ~ür.:~~.l.r 1Wijt.1I~"tM4.~" 2/20/95. PE'.~ty vent . tÒj.J(t;tJ~"þt:l1c:, '~wI!~: "'!ð4' ~....... la@a,.tfNlð. ;taaèmt: bOIIe.tlled 8~t..·.f"&' .1$ft..: " . :; , q'" r ~.~w.~ " 2 -L~ ~40 fJnit Jl a~~.!~·a.pt '~ll NunÞJI' 93.. --- .. Date 1/22/97 ------ '. .) ,~. .- ,~c c~ . Line , ...,' Land Use cw - 0« i/,· .~~. -, ~ .w~ ItI1E ~ PROPEIJ'rY ~ By~:I'.:M' L 08pJ!y ,G.r:ñtt~ . . " BOARD OF COLINTY COM1~RS ~fJ/~· 5S~5 -- .¡ , I/-, . ....,;j I'.J.. ~.' 1/;-7 !)J) ~ -3/r/'/0'7 fH''')fI; 'f'd' Þ'/~":"S " .,... '~'-. 1.-tl, . "', . '.' , ;,,:7 ·<":?''-Tf.~~ ~:tÞJ.~~ i~t;~~ ~-;'. \/~rF' ':" . _'~ /' , , '. _, 'i;:':'.'~]., . "~~!< J,;, . ,," '\' " '.' "J~E SKINNER. CFA'¡'r,>"~ ;. :7~;,:~" ~ . " 'CER11FIC. . ATE oF"èðRRËC11ON OF19 -2L.' ' .,' ¡', ';:,~'" ~:~. , , '. , ~ ~".......~>..~,. . "', ", Seétions197.131 and 197.122,·r.s. $::''1<:~~:.\. ,; . and Chaptem120-8.021 and 120-13.006, F.A.C. ~{..:~; . I!J REAL PROPERTY OTANGIBlE PERSONAl PROPERlY 'r'~f:> ,"~' Ion: Yillo~lllby Acreo Lot 409 Nurrt:.er~_.~___ ~,~!J:i..~· ;.··,~,·;,"þ Date _1/2 7/97 ~~~.,.~: '., ('it + r·~."~1t: ~,J;:¿"'¡{t..~ " ~~TO: aolli1' S~ ,& Carol}'n Vo<:~d ":~:"':'-"¡; 118 a111ovicl; Dr ... \ .,- .,A.... ~.'<':1::~f.~ ,Jlap1f1,..' n 33942 ,.,;·"~SOAssmedTéI" . ;:~:·~'.,."I-"'4, ',' . '. .:;' dol!" S " Cllt·...ol~ tlOM ¡,t.,f';¡¡'" A-s.' " w . ' ..,~. . ~l·~:::1~.' . ' '. .1530 .ðtt1n~h39 1'(':11,;: ""'~:"-¡.~. ·~"pl". WL '2'9"2 1.;,- , -;+t-... '-'_ ... ~ oJ_ '1' .' ",:t:." . , ~,;.{,.r" .....-:- . 16G TAX ROLL 2 . :>.~ n.-._~_ ~~ ". wv~~~,: ~_1' ro- "'U, . ~'::::~'.":'rl.'(..-, " 1......~,.....,.~. ". ,4,. "'!J ~i>V':~~ ~~:~/,};i , . ,..., ~, . ~....rtÊINÌTIALASSESSEDVÞLUATlON WAS: THECOAREcT ASSESSED VAlUATION IS: -'1ié~ '.', . .' 'r·;)s."..~ Value ' .' 94, 94l! Asseæ9d Vabt 94 . 944 r;t.Usevaw·_,· , ~~VñJe ~I_::: .. ... ~:::~ _~=t: . 9~~44 ~?~,111Al TAX EXTENOE~'WAS:THE~TAXTO BE EXTENDED IS: ,.';t;,~~~:.. ' 1.036.94 . 1 407.58 -... ~ 1 t~?§. _ _ I 1~.(. ;;(,,;..~..' ,.'. ' (:¡"~~ Box If AppIcatIe)" . '.. . . , ',;" ,~- of ~ rolallng to an """"'"""........ .,Îh, pr~ ¡, bú1g a>rrøded _ sI>dy (60) days of C8I1ø ,< ,jJf~Tax RolwNctiòccurredoo_ . : 19_, pursuant to 8.197,122 (3) (a) FA :t:_", :"~.::,.\ '''. '.:.' ~;." '~Jl'", ~, I ,~~~~F«Co~~:Cl~r~eal Error. Bo.eøt~.d eee~Ptióa on tb1. property 8hould '::..,.¡;:.Ä:~ haye been relioved whan application aad. : Oft new ptnIperty. Delete !..~j:.::::J-: ' bomoøtead exeøption for 19'6 ".'.......;t,c l~~è.~~. : ;·~:~i.~.,:..:-~! ~.; {;;, . ç-. ""-..; .~ 82545400002 Line Land Use 05 01 ABE SKINNE By Deputy; a .arrett..~t:~ . ." ¡ -~--: ..~'i:. BOARD OF COUNTY Co..UAISSION~·;'· ..~J~ By . . ., . '~ J.'J' .6t,~,:, I ',.¡..~.1 ~~ Datè ~/~:?Z n......... ·,..,~.,~ ..'''~'''''~' ""-t'"C.r:.'_. '. .,!~ :'·~~~f$;~>~rtf?<~,:~~~ ft.:" CPÁX* ~:~¡.}~¡;R~i:îCr:TI!.~·';';~.'t, '. .. ~'l~i;c.'= ~~'." ...... ..-'~ '. I~~·;~¡ '-'I: III ..,','. . . ___ . '.. ~,'. ~., : :~::<~'> :' '-:, ': :'; ..{', " ,'.. ,'sfdJOns 191.131 and 197.122.J:.s:z;. ~'~S ." . :,,- ' .. :à:;.' ,.., and Chapters 120-8.021 and 120-13.008, F.A.C. '" ~'~::Æ':,:~: ~REALPROPERTY DTANGIBlE PèR$oNAL PROPERTY",I',:-: ~-.' '.>:'~>", . . ¡, :', '_: f" , It$":!,:·:,·, ,Pa'rk': ¡;'taz8 Condo Apt 1402 Numl>n . 97 t~~~·.¡ ,'-:~.. , -. '-,', - ..... , i!:;j.'V:~~~" ,.j;' . '~;';'~~"j"~ ·I:i'./(;j¡: '~. ".' ..,,; ".;::;,~.", '~''''''~',fk,~4 .... I" 1.' . 1..~" .. ...,~J' ...).....".. ''', . ~. '.._ iI'.- '" , .... "'. ì ...,....f~ f2~ ,,* "~ " l.~ ~~'~~ '.' ~=-'_-.". .".....í::~..'..~~ ,..:1...,or;":':·,.r! -,I. ~ .' ',," ~~~~~:;>'~1:1~~;: ~ PIIuy Q~ - ì.n4~8 .~;; 1" :"~;..il~:· .... > .~, ';:4:!)Olf:Gjlt'. Sbol"CI lJlvd' p~ "1402 "'':;¡''';,,v :.~: ," ( - '-:"f:)té·'¡;,ltV. "~1r'" ·1391.......· ,. t', f;~~-<¿~¡;;~:"..:~,· ,:""'- -' ,'., ,~r'*, ~,'(:.J',...., - ~ tfov· ,. ':> . , '!-\ ~ ~ ~c; . J.' -', . . ~., '~',~. ~ Jd . .. n Be AAtmed T~:-·.< '. ......:. ' ~:'~1?tt!/>..,. . ..'. ./' ::,J5el'Datd v. 1é PeRI,. Q .Ar2drnø ~t:'·.%~": :::" . '8~55; Latll'.,UI Len.. Ap:t 1906 ;"{&'PI~_.".:;-f ~r..; -,J't,', ~1~tonl(j.. TX 7ezt8 ·)(,.t;'J~ ' ." ..... " -.,."..,. .. '~:~'1"~!~~-- ,,~~'~;~;.",~:~' ","~,", "~~J;.;' :.~:', . '". ç"...t'!'~.. .~.. ........, .~~v.. . .'Þ~'~ :-..r;:-~~.~_.... . ¡ .-.. t,:%;i:~;\v·' .(~' ..A. .....; '.'~~~'. ,-> , .. " , ~ ~i"~.'" ~ ~. ,.- '. , ~ A~·'t,').! " ~.... ~t . ~A~~:IJ'" Jo.~1~"·~.': ",.' ,-,: ,.-,:. ", '. . ~:. ;,:'l\"þot'.:..(.,.... í:·· "~-:'·...·d,"/· ~; /~~Ç~AT1ON WAS: THE. CORRECT ASSESSED VALUATION IS: ~}:t.~~ ,',:'''0,..,- . :~'," ,,"'y 455 525 Àsaessed'v~ ItS,',5J5 ~~t&'O;-(1i ,t' . .' .Y~~e.~. , ,t., '; ':, ":'. · .... . fl.! ·<>·,..;,ùM Va1le ~ ...':- ~ ctadecs ·~Vak.Mt· '\~,.~.·.,~~~v· "'{f~~': ',', ' ". " , 2 5 . O^/"I ' " ,.. ØIe vv Ex..'V~ ~;:r:../~,.. -;';, .. 4~ z, ':Ja VéWe ' TaxablfVabe Z~-rMI~;~~""~ TAXEXTENDEÓWAS: THE CORRECT TAX TO BE EXTENDEOrS: . ~..~'~ ~;r;:i.;·1-' . , '. ...,6,135.61 . 6.544..('[ ;~'~f; ~ ~~~. ':~~..j..' . . ~ " '. '. ~'(~hlkb;¡~) . *œi'~ mIs1Ìi<e of faa relating to an essential condfdon of tt\) prop¡wty .. being oorreåecJ within Sixty (60) days Of cartil ~r/.'êàî~·bf ("'Tax'Rot which occurred 00 19 _' pursuant to S.191.122 (3) (a) FA t{:.~;;~~'~;'. ~."", - . ~~i?:·CØ"'Clion~leriCal orror. lIonutead ne..pt1oa on tblo condo .bould hen ;-'>..···bin: reaovad when 4'Pplic3tion P.I.ð,eon new condo. Delete b<nJeatead axe.pt1on f~;~~!9~~~"l~?6. . ~:Ftii.~·~lc" ,~: " ;;'·'''iI1,frot .~ . . ", .. '., ~~~~·L:!'~ ':'~.J~' .'; .x' . ~ f~I~~~;"::~ 15625001165 i'?.[t..."j.:¿~ ~~' '" 6_18 ~#' "¥,~r,'~~') '; , ' ,;' - ?¡..,., !/,./l 33 "",< :~ 1 6G TAX ROLL 2 Dtde_ '1/27/97 -0- _~:S.'·l) ~ ~ Line Qò A8E By ~; land Use 04 '~ 7 r. ') 0-9fe BOAAD OF COUNTY COMMISSIONERS By~J ~ ,......J...o.O_ . ( . __ ,t'." VtN.fill'I~NIJI . .. ,,~_.. -3/d9; Date ,~.;~ , :~:;: · I~ ~. ...~¡J . ~ ~.:J..~~'.~, ~;,;M~'.. :~..' '~ t~;:,.~ ,,' d:,1"DÌ"ð"tmry lot 4~ ~4JI. ,~"'~:r:'\ 'd" .. .', , 'i;f:!þj;';!1i':,-'-· ,..,' :. "., . . , ~~~~;~i1~f):~t,.:..:,(,,1;><1',;)<;-~~\y:, " " ;': , ~~ .'~'; "'~:tó:;;~~.1~ttö1j'li'~::,tu~t«1: "'<UPÎ¡ Vi' :, .' .,',....: . &i~~' ·<~~.;'D~·'.f:'~~~!~J.~~1~~~~~{~'42 rr: . ~'.'~' ~~fc;~:t¡~~'V. ~~:1 li.·ii;.~I··~ .'~:'\/'Ó', ,.'.,'1' '~,,,";:":~, ":j,''- ~I:~L.?J~' !~.~.f'l;,:r. '.::' ," ,.:¡ ...t",.-<¡,,-., , <' ~ 'i.,"::fð! ?t "';:'. ..... .;,.... , " ,; ~~..,....J..)"'o I.: ..~.-."1... . ". d J.. ":'Iif(".l". "y" ;JI}'.' ·...d,., ,,",,'.,..r,_; tl:t?,. ~:/~:.::'? ;}:.' ",. ."" .: S1('~:;:~;'~ ' :.,.--Jl-·;........~I.. ,-"; '-.,' :~. ·~~:i~~[:J.~I?~ ." <~.~~ ,': - .; . "'.'".~ . .a~ :f':t,:;t:t~.:;··~' , ~,,!,,;~ '." . \':.; ,~: ':'~.:) II .¡: (, (. . .);, '-H~¡",£ ~" ';:'+t:.r.¥!!};".t..4I: ,&PO':: ~ ~;.:','.. "",' _, .~·VÞ1.\JATON WAS: :;t ( .~ ~:v*e'" -. 116,448. '~.~.".'.' ~ I~ '. ~ .. '.;,0'.(' . ~....y: ,., lJte Vabt ,(r'" .,.;.....,UO)·' ..., ~..~,,'·>~~JvtÍfue . ..JÇ. ' . ;; ';'¡~" " ,;",: ;':':'~¿(, ,V'rue __1ll..~48.. :Y:::. '-1.-: ...~~.'...... J ,.' _ #:(;W~"'f11Al TAX EXTENDED WAS: ~.·":~::,:i.!it:·:· , , 1 726.39 ·Y,(.."~~':'~~"J.';''''~' . ~r(t;~ Box " ~) (, fIJ:~1~'~Oriai mitaake of fad reiatJrç to an essential condittOn 01 1M property Is being correded wIhIn sixty (60) days of œrt~ ,.r~>(~:".~,.. '~ l}:~Ofthe Tax RoA whØch ocaJl11xh'\f1 19 _' pœsuarf1D 8.191.121 (3) (a) F.A. ". ~"'.'- "~"j< f~~~~ft~(~:r.~. >. , ,r ,.,'.' it>,. ~-i"~ For Corr3Cticn: ~.~~¡,~.: ~r:~~¥::f,~: ·Cled.fêl f'rrtJr. lI,pplir.:&tioI'1 "4a Ølade for 1996 boa..t...d ex..ption ~.:~ç,':~> el!d aotntered into cor.p",:tal'. ProPflrtr O1mCilr ahoulq hay. received :~i~~';';~: 1996 host.at.ead cx,~P.tptJ.on. I ~~, f.. t:;~ /.1....~'" . " ~i~f:~t .~,;.~ . i:(~~~.' "1.', 0t:,t,,.,,;/.- ~t;:·~ ' (~t,' " ,,' r ~;:l~i"tt}j;.y:::.,~.-, 3õõ~6 tf.:~i~.. ·',213 ~'.t':,^ , ,- . \y~.~; ~>~4 .~~~, ' ,;.~~~~~ ~ t\~;.~·. ";(" : . ,f ' ~~1!~.;. ~"-",,',.:f ¡ , ;'¿:~~f":' '.' ¡ . I I /. t~'~¡"t~Ø7 "'ÞI7~... ---- '¥....'f:,.,,{~ .:!. ,;~ ; _f'" : ' ".'. ';. ."'( . 1 LG ~~~:,:~; ".-<".rJ,: :~# " .- ~~~C::~,,>_'!~'¡""~;--.'.., ~ 0 ',.'\;>. , ,,.. ';'i: ...,:.". AUESKNŒR.CFA r:'" .,' "CÉRi1FIèATE oF.:CORREC"f14)N OF 11..!L COL1.tÐ1·COUNTY TO ROU . ',' SectIom1197.131 and 197.122.FJk .f and CNpters '120 -8.021 and 120-13.*; F.A.C. í=J REAL PROPERTY Dr ANGlBlE PÊAsoNAl PROPERTY 2~ Nun1~r 99 ------ 1/30/91 OÐIa :. "--- l1-IE CORRECT ASSEsseD VAlUATION fS: AaÐ6NdVaIue 116.448. ~~VakJe Ex,"", v¡¡¡. 2' t 000. TaxnbM V.. 91.448. THE CORRECT TAX TO BE EXTENDED '8: 135'.74 -0- 17810002205 04 land Usa 01 A8ESK~.~ " R By. . J l~ .\..... {. d . Dep:ty / Sally G.rr.t~~ \ BOARD OF COUNTY COMW~ By . ~L'J f~- Ch~ Une .~ ..' " -i / i{/1Q;Z ~ O:)te ;.2_.::;.~.~..,~.§1.:~.;¡:'0.··:-':·':,~~'· .' .t.,...... :;". .D.j!:ð"~'.~ ~e.·c~),,·ta:.A':·':.".'·~'.~Þ...> ',' r:. 16G 2 i'~"I~: âlJ,~t:t:"~~ATE ~~~~~~~tõF1è~~ ~~. " !Y ¡AX ROLl 't;:1.' .~f~, ':. , ...,~ I rrrtJ , v¡- '..'lJnns:-'" IIW'I __ .. ,,; . r~. .', :t\J,<, ' ' . " ~JI" 19'1.131 ar~1~7.~~.;:ß,. ~:';~~éf't.'·:' . ., _ and Chapterç 121>-&.02'''10 1~t..F'·J\.C.. . ;¡'~. .>,~.T_ C .' _ ,".!,.' ~'~!-t;H~~;;' , rnrd:~'PROÆRTY OTANGf3te~ìAtPROf'ERTY "."':Jf!¡.1-J.~"": .' :.~~~: f!-~7ß,};i ;:'~ ;'" :é:)~~,1f1' , ~.:': 41' 4·~T1,~·. . ,. .,....,.-¡- (j",{,~t+:~¡~: ":' '" ;,~:;:'~:.i...:fO:., IJl.l.·.:1Í~tt. t~G ~'·.'.¡CC.~~;¡·· '.'.,.' C.... ~'It.":__,.t!I.lUI,. ' , :',~;'~.~L'-i.f~4~' ~< .~~~,~'" ;'.- 'JÞ"9wJ,'.-O."'l~, :)'~t~;:qit~;¡ ,;. ,- '.;. AfJt;,~f.U." ., :. ~"'~~fcí~:~~~ T<1:~Ç'r:' ~"',¡ple... F,L ;..~ ,,,:,.~,.~:, ':. ", ' . ")'~" ". . ;' ....~';f.,~t:"-..., , "; ". ~ '. '. ~IL4~~::~:~ .. t"".,. <'¡1~,.. '" ..,. .' , . <.'" ~ '"(" .... .,1 '. .,' " .... '. r ..' .. .,*,:",.:t~'" ~., '., "'. ~ft'#;,'''> · ·:i; . ", '" 4ª' .. ~~:~~ ASSESSED 'VAi:~^T'CN WAS: THE CORRECT AssESSEJ) VAlUAT6N IS: '~~'~VekJe - - ·..ot>50U.. ~'?8Ue 40."00. ~.'. ,Þ-~; ]_1~~"'P' -'f' ; Jt~U$8Vðlüe ~uøVåle _____ ~~i~rVåJ& 25~500~ f'.x~V": " ..0- ,~~f~~:;/aoo _15.000.1______ Taxab!aV~ 40.500. __ ' , ' ,,'''/,-1.' {:·;ry~~~r!¡A.l TAX EX11:NOEDWAS: niE CORRECT TAX TO BE EXTENDED IS: ~;x'>f··¿{( . 230.77 623.10 ',. \'~> - ;rlf. -~ "\'éox If App!icabIe) 1 ...... , ...;1' ~ ..~ ,t'..::J Amatt:ri:11 mistake of fact relating to an est'entja! XIndition of tm- property Is bek1g GOf!"9doo \YIthi'l strty (60) d3ys Of œrtì:! " '" '..' y ,.,,"p:. ,-' " . ~ÏC!!.9fthe Tax n.ot,,~..hich oœurroo on ______ 19._. pursuant to 8.197,122 (3) (a) FA ',.".~'/.'~~:.', . ,,: )~ For Correction: ( sc~,.:-:~~." . r(·-. . ~7I:~.r ..,,·;~i"· , .:: F~'ÑUmber ,,~;,~A,. 9Q8 '1 ~:. ,.. -,.,"': ~."', ., " ¡:,:. '~ 07 : :ï.'f.Û'f::': " . .... . .'- ~ ç~~t~ Club M~noc C?11<1o Unit 1>-205 Numœr 100 1/30/97 ------- 'J, . , r,-~·<~~ 0. , .'....' .33~)62 . '<l,..~~. t '-<¡;--, '-~;/' 4rllde~it recei.ed r&queßting r.~oYal ot ho.e&t,ad exeaption (attacl1ed). tel\o,"ed 1997.. ~equ.st rftao.,Al of ¡ 9'?6 hOttestead and Widnvs eXI~p~1on~. 280305200<>8 -"- Line land lffle 02 ABEsK 04 " , I J ,... \"f~(~(;\_/ , . . { ~,T¡)xpottector 1/ ' /y /ï /' BOARD OF.CÒùNTY COMMJSSIONERS . ...~. ,h/.. By,;. J/0~ ChakmaÌ'I\: '. . ..3/~7.? O~te ' Qata i11"!\";;~::~~TE.~~~~TAXROLLl bli ¿ :-~~~~}!;:' <J' S&:tk;r1S 1Qi.i31 and 197.122;~~J " ~l~:j!~. . ': ';': ' . and C~ 120-8.021 and 120-13; - ','F.A.C. ......,'~K.'fr::;'J_ ~-_.._-~_.. ~:i..~~~.. rik.;· [i1REAL. PROPERTY DTANG!8lE p~ PROPERTY '~~f~HÇ, ::,ÕÜC.,. '~,-".~, 'ÍCJI1.: ~, Nurrber_ .. ,0 ¡ ~ ~"~~tt.:.r.;:: 02 49 25 !;e~ Sf: CX'U S 1/2, of .!''' ' -r-- '~·'¥.!"t .' n 1/4 of SW 1/4 cd~ Sß 1/4 at .1 v~I~~ , . "::~~To' ',' '... q .' :. i.' :;'W"'';;'lI:~''':ï': í .""'."" Coret.'":a..... A.llthø~y" -:'.' ~ ~(f~;8 J..~:. ..,', . '," :-"',- -r1 ""II1.'·'..-n....'\......·ft1· '. C";'''lI'At~-';''' '\J","'. t¡~'~~,,:t~;'~)j.'.;~~.;·,.:';~·i'ù:~l:-:;~:;~"" ~3i4ì ,¡It, J," ~]¡i~~¿'~;fG~~~i ~.. -, ". ...,c&rf.a~JO!1. .:~"'í~'¡{~:....-",... . ·'7";.r:" ...::!1"·: '. ... ( ,fr,f1l~1fP~·~~> 'f ' :~":J4 . .~. '¡.';:f~~~,:,:,.., " ;··...'I.t..i;?}!:II·';", .~" ~~}.'.I)¡~I>:'~:I~~' , _~ ·,-;:.:~·f:Pf ',; . ~:f~i~]1AL ASSESSÉ~VAL'U^T!ON WAS: .i:k.!i{*sö.š&1, Valus' , . , . .:,' 6~ 946. ~i.r:;!.'\:~·I,~.tro;~. .... .,' >".-...- --.--- r.¡::~,6SM\t~ U$f) \¡a~e classified Use Vaiue ::~~~~~ 'V~Ju6 " . . -0- Ex~ Vabe ..;,:;\~ ·""'/'~".""'r :~.,'.. > -. . ,". ----- ~;, " r' >':Mr~V(1JiJe" ·2.:J:/·,6-9.9~6. Tax1bte~a~ 44.946. ~"-. . , ,t", n . , r~%~' )~ TAX:'~~~?~~'r'AS:. .. THE CORRECT TAX TO BE EXTENDED IS: <~l;:. ~,<~.,";'. .", ';...·w.c..... !,036..?G·.. 66634 ~g;1~~;~~'~~¡;:'?::' ':.' '':'/ r'~ '..1;;( ---~ ';. >. . ,.... ~~~~~V:~:~ 10 an .0000000'1I~oi t:' ~~'belog COInIded - sbdy (00) dayS 01 certi :,'g~i~.;ð(,~:T~.ACH\~J~a)n ". ' :·'.~:19_,pursu~toS.197.122(3)(a)F.ft.. fY·~,~~i.~~:.:::~( . ,,' '.' %Nt~~r.'.'. ':~.fn1.1' :ti~'~~1.,or.!t1 atuéf!Dt in suUs' o~:"ilot'1d.. ilrope~ty not rented. {~1.~~,~~::~::::: 2œce:1tt :,~td,IU\d 141!tter ret1Jmed. HOII..t.ítd'rellOv.d~ Plûøe reinstate I,~;"} ~:~~. ". 1 ')96-· hoa.~tftad exeaptlon. . " , . ~\1Þ}~t, ~..' , ~ -.,...... ~t~ " ~ :...;}~?":J, '.,. ' ,.., ' (~Ji~~it.ber _,: OO~3~:l~009~:-____ ~j~;'l~"" ð13 , '...,..': /~ lir.e 01 . f/~~I:I"'+;'~3 . ~-. ndU 0-1 i.>iJ...':'J ' La se ____ I ;. :\',I!> " h.~'·'· L;i~~~i'J ':"1.: ~Jt~... ii',';';,." .', . ' ,~'ÏërJÇ.r..;. '\.'. '. I . ~\ ( 'I /.;//i"'~' cr;, .. I I _,4 ~l J;1,~r: .."f.. '... " 1:,:'" . ",t 't"t'w~.{_~ . "J .. í' ......,.. 'd ., t ~"~ÌI1 " .. ........-,---------- ~,/2n.h.~'Sdf3vT:D:~or, . Datil.'.". Date 1/'\0/97 , -, '''¡-' ..:~;.~ ,4.1..,......)..¡'.. < )'~ '.1',~· . r; . I.t. 1",. ~ ,'--.: , :!; -~:'~i~~ ,. , THE CORRECT ASSESSeD VALUATION IS: A!sesse<t'lWt3 f.>9 ,946. .-J5. 000. ::ES~~PRO TYtflrSER ~ 5311y Carrott BOARD .9ftCè0~, ~ COMM~IONER§ . . /Affl~J ~ By'" ·L ~ Chairmar. . < , ',.~ ..3/~þ? Date " " N-4oirrber 10' ..'.......... 2/7/97 .,.,.... . ;~ Dane \. .' ".. ", ~) ¡ ';;', . ,- .,' I· " " , \ ~ "'.''''' -:;'J ~;. ' ....,-:. ,....i. ,-::;.j" ,~t;)~< ,/.. :;:~ . '~f~>·: ;:~~.~ .~? . . . ~.f: ~ .-r.. , ' , . ,'j THE COÃRECT ASSESSED VAlUATION IS: 41751. -:;/J '" , ~ 25000.; ~~:, ....... ...... ~ 't67~1 ~/~7? Date =:Ai!.. .." .~.t.-:. .,'. ~ ŒÁ""~"" po ~*~t",\;~1'E~~~~',~'''' " ~~:~:g?:9'>".I..'·'-::'" . ',' "SOé~197.131ft197.1Zt-f.S. t?~~.r..,¿,.g.:"~.'. ~'. . ' , and ~M. .120-8.021 W 120-13~,.f'.A.C.. . ~:..~~~¥. -. -----'--- . - - . ..---. i i: -~:;: .' ",f!J1IEÞ.l PROP£RW' , OTNØ1ItE PERSONAL PIIOPEitrr t~ ~l'.~~~·,.,~{~í.~" Apt.a of "_r:c'Q Ird~nd " MJmhw .,;;,.: _~O; .___ ~ ~ f:4t.t:, ':~~~5~1I1)) R~rC~lf¡D. ~O~~6. Âp~· '~.:,.;:l~'~';~ -'." ~., '.' . ';¡::', ...,... ,'....;, ':~. '" . ""~'~~r/lG D3ie 2/18197 ..\¡ .. ..' " "'''~:'''':'>!'r'¡/'' ,.,' ',..,(..:~. , . J -',....~ .. ~. ,~ . .~ ~ ...~;r; ~~~';'~')~~~1f'- '\:;¡:f. ~~_ !., :~:~~.> ., ~.' "..j /2~, ~ t"· , ' .'''''~.''''''' '.'~)""'. '~'~"''''''~'''' ·.·.'.·'l··'<·r:J·.t'~. ';, ' .~~-.~.: ,'", '.:...'1'iU,, ·:.~·'·'~~"1'.. >~¡ "0!~';'¡¡",:.øz.~ ::' . :~.~....::t.~." .0: ~ .' "..l!~UV&~~t;... . '":~"}" , ;,:,". ~161¿ ti':/øIli~c ~l!í'd ,~ ' .,.!. ?t'J~t~¡~' ;~- ~ ,... ~k~~:.r..l'~". i'I. :U9'7 f<'~~.~~ rn., _., ',', #1;'8lfit.. , ' , ' . . ' ".',( ·~~.H~·' . ~. . t;f!¡:,~~,. ",.' .'.., _ " ~t..f ~i''; . . ~~..:~~~~~:. ¡;. ..~'i~.t.':T:t!J!..'t~: "."r-,.~.~__ ' ~~:'~,:P,~'.~~"'~''', :'.' .~. " ~J~;i~:',~~J';: ,::.',.,~ _ .~;.~,}~, : ~-?),.~ ':, .Qt..",,':. j:r{;,~~~...~ ¡ : '.' .' ' ~('l~{~~f. '~:. .' . , ' !t,.,,:,,~~,<,;,,~ ,,' . ' ~!;j.':;/'i-::~'7"",. - . '~ J ~ . fffl~.l ~ES.c)£D "Al.UAnÒN WA~: ~~':., 't'. ,'-., .'.. ~t)'5 :;C' " fJd '/a),Jo.:.... ~___________ f]' .<~'.. :;,~~y~..": ,~.f?{':')~..:· "~ __:.~ I':",~¡"" ~}'4ÑJC ,_~ ..~- ___________ ¡::'7" to'·... .~ r." '. ~ .~ " .' . j' ." ~: ..." ~,' 'f¡i~Ja . ,'::' ~).407S.., '. ..¡,:¡\ .., .... . ..... --~ ._----_._-~- .!l' "'}-.j'". ';.I~; ~. '" . . ..'. -' ( .. . ", ~~..;;¡::(.¡,~~t'lAL TAX EXTENo/=þWAS: . 'n~E CORR£:CT TAX TO BE EXTENDED IS: ,"~¿¡t,;:;..- : ' , . '<~>,:SU..3ï". 136..1~ ~1Øt'~~fY~:" ------,1, ~~.:~..'.'~ ~~. ~LK9io an OS3«da ~~.-, 011110 ¡>0þ001y ~ ~ COIJIdiM _;(60) ~ 01_' :f$;~\t", Tax R<AI.mIcò ooMrO<i on ------ ' --: 19 _ . po.quan 10 ~1f7.122 (3) (a) FA, ~t~,,~ For CorrettiOn:. . , . '~i' ......"'f'.....~y . . . J..r.¡/'-".......,..~"",'."'.. , ~.\':.;~íi\1....',' .11ina "J~rGSle_1r«. cb.n:rad from ·í'O ~ to proper.ty adð.r..... HO'IIeate9d ~,.,1t:~;~,1:þitf!pt1011 rem"ed 6n IU'J:"QC try' ellÚk. ~e1netat~ 1996 hOllleataad ~%e~pt1on~ ~""..I.j;:~·:r.;J:' , ,;~.. ~ ..~ t....,:.,~~ ; ~, r>'.... I ff;'. ~t .~,. . " ~,t ,~"'. /"" i1>;;'::'~«: ..... ", .......'~. ¡~. ~é ',~.. ~232t8t~____________ ;;t: '.' ,5.0 Line 05 ~~:'R UmdUse .== 01, ~ :~~.~r;~~i"'." .: :'I'f ;j!..~~i:. '" ':.,' : ~~~>:!iO: . I I ¡' "'"''''<''~'''\.''1', . , / ·<f·~··~' '/ ' . 1 I' . . J ~i;¡~. .. [.'.'" j.,' ~_Il'~___~--'-_CL___ 4~):f" , , 8y Tax {;ciIec::C Date ~~:--~'1'(".'~ ',.. -:oJ, . ....:.'RePt-~.Ît'... " . 16G :'~" . , '.... '¡¡J."I ~~.:~ ~ TAX1tòt.L " :~~~~';, ;'..".. ¡ r~ .~¿.:~~ 2 '{HE ~nECT ASSESS:EO VAlUATION IS: . ". i~V6e ". ~<' ~" c: ,:\.'..!' C~t);)ê Value .; of . , ExøtT41t Yab; Taxable "aut , 31\075 25000 9075.. ,. ~. ABE SK~ PROPE~frtfmt' ".:' SER B ~L. J11~~" -...... c.!.. y _ I' --. . . Deputy Stall,. ~~.t~ :.',:-- . -.'':;' ..-,'. ....,~ BOARD OF COUNTY cou..1SSIOtERs ~J ~.^~_ By ''''.' . .. r . Chakman , , --- ~..L'Ø2_ Date, . C,... , .....to ~ J~~ 't, 7' . . -!~ :.c. .,... . , ", '~. , ~, ".~;P~ Tn: -:, Mê'lya ~'.J'. ~or.* ¡ ':'·"'",~t.'.. ',¡ -, '.l1g:", - ",~_..o.;.-.. IiMt,~~':.'~.:·,:·.;' ,.' :'," . ~~.:'.%'4.cht ,·.H.~!IV"~t'~" ~j~,iJ;.~: ~~'~." '. ..Plh¡'··f'L·33962 '~ ~(~~BeA._O:tTð~:,\: ' , rrl.t~·:.~:>.&· , ,"" ',' HaIfI t, ... , Etfj·.;r>.;,.'" '/', ". ' t#;~~i }~/;~. ,~, '. ~~,(I.;:"ttw-."" . ~N¡l'. ," !r"" ':ýI. :r'.. , ~,~~~f!t~ ~~- ' ~~~ ~!.J1i . ~·'pi;~fi " . . , .' . :,;;~~·t!.~:~;þi¡v' . ; ',. ~,:,,~' ' ".o't;,'r ~)JJ: ,,~~;"'" -, " ' ' , ,. ~~~~~m~ ~SSEriVAr.UATfON W~: THE ~ ASSESSED VALUAllON IS: r~~vo!u. . ~":7 ~5~. ~,r~ 90950, ":Ì~5id~vatJe ',;,'" OassItBdUlíaVatJe !"/;;'iJJ;;;¡~ ,. '-'.i.O- fx~V" 1,OQQ.o.Q (:~T,;".-~ ~, 1~'-~- ~Jo.._~ . ," -. _ .' . , ~~f£~:~~=:o. =TTAXTOBE~IS: ~~~~~I~"; :'(" ---.--,:. , 13"1 43 '1054';)'9 ¡F~;,~ìi'~;'~'g~ ; :. . - ..... '.. c ~, ~~',~(6~'~tJf I~e) 1, ~;:[~:T~1)ñaf ~e of fact re;ttinc to an eszem~~1 concfrtion of the property is being correàed within ~ (60) days of cert f~~~~~~pt trie Tax Roll !\-t'ri;.h occurred on --. _____, 19 _ , pursuant to 8.197,122 (3) (a) FA ~i~.~.#.;'{~:.. ~~)' .: .'ir.;~ :~'f.; '. .... í ForCorrffct~n: ¡~';'~-:,"'¡.;;:;;..:" ..'~ . - E,:/<';~:':'~or~ry sdðrese Ch1!l1gE~ RO nOlle of }.rn~ C. Moores. Clerk thought husbttn< :':<;¿;.{,.~' an,lf Y1t~ !:tad hom'!)"tead on t1l'O prop~rt1..e~. The,. are dlvorC:t!d .a of 4/27/9( :~./.··>i~·1!o:te.te.ftd eXtcrpt.:f.o21 r~1'!1o"eð in err.l')r. ~e1n.tatf' 1996 hOlaeatead e%empt ion. 'it· '~'~;~'B;'t~ ,~'" ~ltf~;~~~~.:. ' :,:/,d'!\.' .'. '~. 29392500 \C5 ~~;~.,t.........,,'I'" - ~-¿':" ~"\'g"'';O' Line i~"":""" h 9~ '~~"~l::~r"13J' . ::g:;.~i;~ .: " ..Ü r ,JJ.., .... ~~:.'!'~., -It ',". ~i .~' I'r:' :;'~ ,;.,{ ~. \:':}~.{',;~ ;'-/ ", .... t Ct. ~"'~~- .(' . . !"f.''''', .~,.;'- ',r~,. ':~,,~~" ,', . ,,~, ' "~"", ·'·7'f.~~ f!l i' I 6 G ··"";",.~'r' '.-......, '-, ..¡, , ~"IM~'eft CF~." ..~. " ] /:1·~·'··'-~';.''''.~", ,: ~ '" .':'~~' ABE~~, "".... .":.;. ., ,.¡~ <':' '.; ';,CŒR1lÀC~TE, OF COnRl:cTt1)N OF 11JL. ~. UNTY TAX nou. '''.1';.,', . :··;·~.:,...·V;' '!'<~" '·&ljl.::tJon~f1g7.131Incl197.122ìF.S. '. " , t:'~, '.' \. ,:1';':::;,' :' ¡rd Ch~*" 121.'1-8.021 and 12f).1~pœ. F.AC.. ", [IJRÉAl PROPERn' DTANGIBlE ~ PAOPERTY ·Creat.1ev Condo Fldg A201 r~JUlQ_____ 1. oaÎo, :/Z/lt1J.2.L 2 ..- " ~,,' I. " ,'.... ~ . ' ; , ..~ .. ¿ 04 Land Use __O~ ___ ,'. ~ Ditla SOARD OF COUNTY COMMtSSlONERS By .~J/~ Chahman ..3/#~ Date ..,' )110, ---...---- [~1;,,' ·G.'.~.~.'... ~¡i}~{"~. ~~;;.i:,,,.:=f.;¿.;.~.i~.....'._:K:...' . . .:.W. 'W.··.'" ëi"~., .. '.':::·æ.·~.., '" '~':, ...f~.·:",'.f7., .. 1 óG 2 ~ ~ "J~~~,-tERì~ICÁ~~;~~moo'Œ~.., :.... h t~ROU ,;.;:~ :'¡?~{' ,;,' .\> ;~i!';,;;,~: :'?'~:"':\ " ·Socuona'1~,131 ard 1;7.122,:f.ß.:., , /'.. . ,'; ~ ~~'~I<::,:::: ·:,·?~<4~~f~t~.~:j~;·:",:,.. a~ch"rra 15:8.021·and12D-1$:~F.ÆC.,·· ~~~,': t~; ~ ".,i'~'· ·=t!JftèÂt~PC::ATY DTAlfGIBlE1'ERSONAL PROPEA'Í"t, '.,¡~ :..J . .'._' '''~'' ' ~~~ ~, /~~{~. :''-1r1Í:d¡~~~'" CCUI1try (;1 ub Unit 4 t1';;{!Ø ,;;: 11dl',A Uttlt 2112 ~I~:'; d']; ':. . . ~~"'. r:,.'~'Io,:·~~~itl~:::~¿·:';'211i>: f!"-.,,!f/) '< \~ , . . , 'N~:i)iij ;z -'oIL :33041 . '~, '.,' ,~.,"~,. ~)ft ';~1!J/Jbji;':;].J'!,\:f'; ':;:.>!J,' .,,, '? 1,'>. ~~1 t. ~~,'~~'.I.~~~}~.~«:~:.., .,........ - ,~ ~ " ~~.... .,~.... ~.I.¿..:;,t.{'~ .,Þ". ,J,J, ' ". ~.':~,:~.~h.:;,..¿:-;..~,;:.:',>~: '" '·~"'S~'·,~~ t"" ->.;? ': r . "-}.)~1 " t." . ':~' '" J, ,: " ' ~~,~~.1{?~~¡~:~.~,~. _ " . '." ,< I~..,::f(¡;.. "~"~i~."....' ~.:". ,_'~"'.:.. !~.;,~~. .' ;~tpI~~";>-i~:5.~,:..~.¡tr:·r ....::. ~;';~s-,",~.t... ~;S~~1;~"~~·',>t-;J~.~~I':'::,', i 1:< ~'z.:'..'~~, . ~t~;.r·,;:·)·r\~", ,.,.. u' ':2,:'}..':-:' . vr":..'. .' l·~', ': '·c. .~"'. '. , ~,r!~.;,. 'jJ~,,::~-: _ . ~. '" ~. .'. "~. ., ....14' .~: . ~. . ~·¿'-ç~.'~1-, ,'0 ," ' .. , V.f?Jf1:, ~:'. ' : ''':~:.,. :, ~-:.,. ,··,Jt....- ~ ' ,'~ ..: '., ~'W~tf.at.rl" ~SSED V~,L~AT~ WAS: I'.:'~~~'" ... ~::~¥aN1t ··~]O:ID____.__ ·"",'!~~Use V~ ~.., '. '''ib.:':'', .; . ~;~"fZY~e ' ~;~)~:)t>":"v:~Je ' :.f.~~L.H~,.. e.~ ~..n.1..____.__ ~~:.t1~ .' ri'JAt.'TJ'\X txTENCED WAS: ,~r~(: :>";;~'. '..:: . ;.; :3044 01 ~/'~~ .~;: ;_'r~~-:" '; ~ .... . .- l;.~:..t.;.¡r, ~<;"" "J.: .... . " . fif.·.. :~~.~~}¡~,.:{;;r;, .' ~t?~. '~~~~rr¡jaÍ~~~J~ ~~ng to an e~ ~n of trn!~, ~,Þefng C01rÐåed wW\ stdy (00) days d~. ~t·;.,,;;~~!Jræ: ~~:~rmdon~~_ '19 ~ .pural8nlto S.197.1ZZ (3) (~) FA. ~t~·:\··~/f:~:'?· .': ,::~,: :' X:,';~:::'-: . . 4L' . FbrQ)my~io11:"'.~~ï:-:,:.. ~Â~,"·".·~;t~,~\¡:t>··\ ~ ,:~:-:': .. ~~,i\f~~::,>"r~' ' ~:;ft:~~, ;fi¡~:rt,. ~~~,~:t:..cj~ded b01M,.œtf;"d .~ of AGgVNt 1995. Re.oy. boaeatt!!8d ~..':'::'?;~c~ttJ~t,..".)996" . """:'<~;' . ~ ' þ. ~ ,. . . - ,.':': ~:~.; ~~~i." .·.::;~l· '~tiJE¡J .;. ' }':' .~ &2130310005 . .,."",~ r. '" -. ~--------,-- ~~.!~;î~l' , l~eO~ _. &j~~~' , : land Use 04 '." ,.~~¡...., .,', , " , ":~4'" <,~ ., . ,~.;{t~~~j.,.. , '. t:l''''''~'' ~"'f"'" ' ¡:¡¡~ ~. -:~; ., ,~..,' 6· / " 'ot..·~~rlf ~:f:.> . ,.<l.:, '.:-. .' ~!>.'t'!5 " .,' ,'7" ,£ (',,!~,,".!It' .. .- >J '. ~'f 1, l!..... ~~." '.', ..-' By.,rr" ~~C("" ~ ~.'lii' . '. ...' . --:::1' ." :....~,J..,;... .<t....... . .', . .. , , 2)000. ~ ~ /~'/ / I ~ / / " Date Nulrbtr 1 ,.,~ 2/18/1)7 "'---. Dale ---- " ~' ,i r: ;~~ .," ,.~:!;' .,,..... '; . ",,;.> ... _F'J " THE CORRECT .-'SSESSED VAlUATION 1$; ,Þ~-VaIaJÐ __~_ ~UœVåle ,Ex~víbi -0- Taxable Vå» 23032~L.-..____ THE ëoRRECr 'TAX TO BE EXT'ENOED IS: " 3414.65 ".. 1 . . ASE SY~. PROPEfln' By _ (!íJt ~: 6J'v'i {, ~S. IT Ca~r.tt BOARD OF COUNïY COMMISSIONER$ ~{J ìf6ol} By . , Chairman SER -- ~/,1</7:-7 Date ..""P'1,.f~'.~ . ......~,' -~.... 16G l ., . 1~ 1"1' ar I I. ,:-:t.. " NunÐnr _---'-UO ---....- Dae ._.....:.1·20-11____......:..-_ ,;,.' i;" F1. J]1J~-~ i2 7 ~ -¡:. ", \\- " ,- '~ :. , .~ '-...¡ ~: ." ","" ...--- ~ , . -,. "' ../'~ ~;', . ~ : ~I' " ~'I ~~,~~ -,r.,' -~~', '~1~< .. . _:j/)~,..,~:;. . ¡\)";"' ;£,.".." I.:: " ¡, THE coR~é~T ASSESSED V~UA~; IS: AJ1'Jeu¢dV~ .,.ø. 2M·~øO;:i(. ,;_,""..~t. -----...~~ rl"_A~ ,....... \1...1.... . .1;';' ....~~~iI'~ __~ " .,.~ '.... .'. 61.8 rii:ø;\ ,~.v~ ...!:....!-..... ,\ ....... '. . '; /: ,~.t.J.,-. . ~~,.."" , Taxrül V.. -~r' ~...: .'~'1..[=·'~1·~ .~ ~-~,::.._ ,'~t;.. : ,rr:~~~tTAXtoæÐO~IS: .!..... . '" ..-,. . .' '0 .. ;" --.----- --..-, '.~ " '.\.~;. ,~ .... . , . ',./ ',,', . ·;:~,~¡i~:. Aðii4l'.~i;)PE '. N>~" 'Bi, , '. 'r2Ji:.JJ!Z, (~~__~. ___ ': " ..,'~ :"1ØþQ& G. .uœ~..ít,;~~ :.,~ ~ '. 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