Agenda 09/02/1997 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
September 2, ~1997
9:00 A.M.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR
TO SPEAFJNG.
REQUESTS TO ADDRESS THE BOARD ON SUILrECTS WHICH ARE NOT ON THIS AGENDA MUST
BE SUBMITTED IN WRITING WITIt EXPLANATION TO THE COUNTY ADMINISTRATOR AT
LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER uPUBLIC
PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD
OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE biAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TF..STIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (~ MINUTES UNLESS
pERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IM~PAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR Il:00 NOON TO 1:00 P.M.
3.
4.
5.
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA AND CONSENT AGENDA
APPROVAL OF MINUTES
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
I) pr~clamallon proclalm|n~ September, I997 ss Childhood Cancer and Blood
Disorder Awareness Month. To be acccpted by Nancy Consinntine~ a parent of a
child with csncen
B. SERVICE AWARDS
C. pRESENTATIONS
1) Welfare Reform and Florida's Wages Program presentation.
APPROVAL OF CLERK'S R£PORT
A. ANALYSL$ OF CIIANGES TO RESERVES FOR CONTENGENCIZS.
1) General Fund (001) FY 96/97.
2) Community Development Fund (113) FY 96/97.
3) Facilities Constr~ctlon Fund (301) FY 96/9?.
PUBLIC PETITIONS
,lk. b~r. Jim Coletta regarding the Colller County employee Christmas parly.
B. Mr. John F. Hooley representlng Lely Clsfic A:.soclation ~gardlng storm water drainage.
C. Bradley Cornell regarding support for an exotic plan quarantine research facillt~'.
COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
I) Dctcminatlon of whether 2-~ owners in Big Cypress Sanctuao' (Loonep'ille) are
required to obtain certain permits and/or pay applicable fees.
PUBLIC V,'O ILKS
I) Final report on the update of the Integrative Corrections Strategic Development
Plan.
Bo
Co
PUBLIC SERVICES
SUPFORT SERVICES
COUNTY ADMINISTRATOR
1) Establish reserve of $1.50,000 each ~.ear ~rolal $450,000) to fund reconstruction of
outer half Naples Pier In the Year 2000, Categor'ff A, Tour'Lsl Development Fund~.
2) Consider funding Office of Caplt~.l Project M"~agemcat S91,050 for Management
of Beach Projeett, Category' A, To4~rist Development Funds.
3) Approve funding the Naples Area Chamber of Commerce $75,000 for Fulfillment,
Adverli$1ng and Promotlo~a Category, Tourist Development Funds.
4) FY 97 Third Quarter Revenue Report.
COUNTY A'I~I'ORNEY'S REPORT
10.
11.
mcndafion that the ~3lrd of Count}, Commluloacrm acccpt· settlement offer in
A) Reeom ........... ~,c -,~_~r'd.lrTM-17, Unltcd States Dislriet Court for thc
Middle District of Florida and authorize the Chairman to ezeo,te the necessary settlement
documents upon r~cw and approval by the Office of the County Attorncy.
BOARD OF COUNTY COMMISSIONERS
A. Appolniment of memberm to the Public Vehicle Advisory Committee.
OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC IIEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF
ITEMS
12.
13.
14.
15.
A.
B.
C.
ADVERTISED PUBLIC HEARINGS - BCC
COMPREItENSIV'E PLAN AMENDMENTS
ZONING AMENDMENTS
OTItER
1) Recommendation to Iht Board of Count)' Commluioners to consider the
:~pplication submitted by Florida Cable~'lslon bianagement Corporation
d/bin Time Warner Cable for the reach'al of · cable franchi~.
BOARD OF ZONING A~PPEALS
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
STAFF'S COMMUNICATIONS
16.
CONSENT AGENDA - All matters l{sted under this Item are considered to be r~mtlne and
action will be taken by one motion without separate dlscu~lon of each item. If discretion Is
desired by · member of the Board, that item(s) will be removed from the Consent Agenda
a,md considered separately.
A. COM]~IUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Co
t)
:2)
Recommentlatlon to approve Commercial £~cftva~ion Permit #59.~I~
"Ramsey £xcaYat3on', located Jn Section 14, Township 49 South, Rxnge :26
East, (Unlt :2'/, Tract Ill, Golden Gate Estates) Collier ~ounty, Florida.
Request to approve for recording the Final Plat of "Stcrilng Oaks Phase
3A".
PUnLIC WORKS
1)
3)
~)
~)
This Item has bccn deleted.
Recommendation of speed limit changes tad ~nbllsh m~mum
I~Its for Ibc ~adwnys II~cd ~1~ nnd to p~hibit the operation ~ t~c~
and o~her comme~l~ ~hJcl~ hs~4ng t r2ted load~1r~'ln~ capacity
e~ce~ of fi~ (~ t~ f~m th~ movemen~ on ~d~ D~ve, C~donla
Avenue and Calusa A~nue (Coll~cr C~nty Ordifltncc
Rcquc~ the ~1~ ~ C~flty Commlssione~ estlblis~ I "~o Pa~in~"
~flc off CR ~1 ~dc~tlt Dr.) iff thc viciflfty of CE 888 ~fls P~s
R~.
P~itloa AV 97~16 to vacate n 10' wide Utillty E~ment as ~orded In
O.~ ~k 1640 at Page 12~ and to vacate the adjacent and cont[~s
wide Utillty g~ent M ~orded in O.~ B~k 1675 nt Page 515, Public
R~ords of Collier C~nty, ~odda, being In S~tlon 36, To~'nship 49
South, ~n~ 25 E~
Approval of Bid Award for pu~h~ of one Mini-Excavator for the
W~'ater Collations ~tlon In accordance with Bid ~97-269~
PUBLIC SERVICE~
1) Accept thc attached Warranty Deed from Avatar Properties, Inc. for
purposes of constructlo~ a neighborhood park.
SUPPORT SERVICES
1) Authorization to advertise for a Public Hearing to consider the adoption of
an Ordinance amending Ordinance No, 8047 called the Collier County
Parking Ordinance, raising parking fines and including for other
prov~slons.
2) Approval of a Limited License Agreement between Board of County
Commlssioner~ Collier County, Florida, and Golden Gate Area Chamber
of Commerce, Inc.
.3) Cancel current tazes upon land donated for public use.
COUNTY ADMINISTRATOR
1) Recommendation that the Bat.'d of County Commissioners lncrease the
contract amount for the environmental ~erv~ces betng utilized In the
devclopment of the long term Clam Bay Re~toratlon Plan.
~}
Rcco/nlzt additional rcv,'nu¢ in Crimtna! J.~tlc¢ Trig Fund ,,nd trander
to thc General Fund.
Fo
It.
L
Budget Amcndmcnt Report.
BOARD OF COUNTY COMMISSIONERS
MISCELLA.NEOUS CORRESPONDENCE
~: NEED MOTION authorizing the CbaSrman to slg;:
Sati~factlon of l.~cn for Services of thc Public Defender for C~,e No~.: 90-
30?I-TM, 89-~01-TMC, 91.2060-T~1C/91-10{;I-'I~[C, 96.883-MlVL~ 90~
609.S-TM C/90-~094-TM C.
~ NE ITEM TO FILE F R RE RD WITH A N
OTtlER CONSTITUTIONAL OFFICERS
COUNTY ATTO P,~NEY
17. ADJOURN
FA..~_~)i, iiRIES CQNCERNiNG CHANGES TO TIlE BOARD'S AGENDA SHOULD BE MADE
.TILE COUNTY ADMINISTRATOR'S OFFICE AT
~.OARD OF COUI~IT COMMISSIONERS'
CONTINUE ITEM 8(A) (1) TO 9/23/97 MEETING: Determination ofwhetlm' 24 owners in
Big Cypresa S~a~ctuary (Looncyviile) ~re required to obtain ~n permits and/or pay applicable
fecs. (Start s r~quc*t).
WHER. EA$,
~_I~ 0 C£~ MA TI ON~
Florida '$ greatest resource and mo~ cherizhed trea. rurers are indeed our youth,
who truly have so m~ch to offer.., included in this pot~Iatfon are those children
with special needs who n~ffer from childhood cancer and blood related dfseaze;
and
while the research and treatmertt of today hat extended :he lives and made a
positive impact upon the life expertence~ of many of these children, and while
the rcumber of long-terrn survivors ix slowly increasing, it is essential that we
work together as a people and as a State to en~re that this trend contirrues on
the upscale; and
dedicated organizationr llke CandIellghter$ of $outhwe~ b2[orida. [nc. remain
deeply committed to zxpartding the resources and education available to
families whose children have cancer or blood related disease; and
WHER. E~, Florida, proud home to some of the j~."t medical instft~tfonr in the world
whose professional ~ta. ff are presently at the forefront in cancer research and
other advances t~ ~ and applauding the valuable
role which fami ~lay our medical
community,
NOW THEREFORE. of Collier
CHTLD ~
D O b'E A~WD
DF/IGHT £ BROCK. CLE~
AGENDA ~TEM
No. .~. ·
SEP - 2 lS97
EXECUTIVE
WELFkRE REFORM ~ FLORI~L'S
N~GES PROGR/~MPRESENTLTION
OBJECTIVEZ Presentatio]~ to the Board to gain a better understanding
of the changes a~sociated with Welfare Reform and the Florida WAGES
Program. The presentors are Phil Dorsey, Administrator for the Florida
Department of Children and Families and Joseph Paterno, Executive
Director of the Southwest Florida Workforce Development Board, Inc.
Each one has provided handouts which are attached.
CONSIDERATIONS= Sixty years ago government welfare programs were
developed to provide temporary financial assistance to families, over
the years many families became dependent on the system for their well
being.
~hen president Clinton signed the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, Florida was ready with its own
welfare-to-work plan, - "Work and Gain Economic Self-SufficiencY
(WAGES)." WAGES went into effect statewide on October 1, 1996. For
an overview o4 how Florida residents will be affected refer to the
attached summary titled -Welfare Recipients Will Now Earn their
,WAGES'."
We know that Welfare Reform will have an impact on our community.
However, to date we have very little data from which to form an opinion
as to th~ level of impact. The potential burden on the local community
will be broad and varied. If individuals and families do not become
oelf-sufficient within allotted time frames they will still be in need
of food, shelter, and medical care. In response, churches, private
not-profit social service agencies and local government may see an
increase in requests for assistance. Hospital emergency rooms may be
further inappropriately used as primary care facilities and demand for
adequate and affordable child care will increase. It is anticipated
there will be an economic impact on local businesses accustomed to
receiving purchasing dollars and food stamps from public assistance
recipients when the dollars are ]~o longer available. Additionally,
there may not be a sufficient number of jobs created which would
~ 1 sustain families and allow them to become totally
_conomical y
self-sufficient.
This presentation is being provided to better familiarize the Board of
County Commissioners and the public with the changing welfare/workfare
syutem and its ~_q~J~L~ impact on local community and governmental
resources. This is a Federal/State law, but in our case, the people
being affected are county residents.
Dealing with the potential impact of welfare reform is not the sole
responsibility of any one organization, it is a community problem.
Staff will continue working in cooperation with other governmental and
social service agencies in carrying out the directives of this
legislative mandate.
~o,._~
SEP 0 ~ 1997
I _
~OWTH ~EWENT IKP~CT~ None
FISCAL IKP~CT~ While there is no fiscal impact associated with this
pre=entation, county decision makers need to be aware that in time,
they may be required to address what the county's role, if any, should
be.
RECOMMENDATION= That the Board of Collier County Commissioners, hear a
presentation by staff and the Distric= VIII Administrator of the
Florida Departmen= of Children and Families and the Executive Director
of the Southwest Florida Workforce Development Board, Inc. to explain
the Welfare Reform/WAGES Program.
Mar%ha~.- Sklnner, Colli r County
social Services Director
Reviewed and
Approved by:
Thom~-W. Ol~iff~-Ad~istrator
Collier County PubliX'Services
WAGES and Welfare~eforrn Update
Caseloads in public assistance have dropped 20% nationwide since July
1996 in the food stamps program. 44% due to the boon in the economy
and 31% due to more rigorous eligibility standards according to federal
reports.
Caseloads in public assistance in Florida have dropped nearly 10% since
July 1996 in the food stamps program. In Collier County the drop is
about 8.5% in the food stamps program.
Medicaid assistance groups remain stable in Collier County with between
11 and 12 thousand individuals receiving Medicaid.
Cash assistance (WAGES, formerly AFDC) is do~'n 8% statewide since
July 1996 and down 7.5% in Collier County since July 1996.
The WAGES b~ passed by the Florida legislature in 1996 was so complex
and incomprehensible in some areas that the legislature has passed the
WAGES GLitch bull in 1997 to address problem areas.
WAGES state boards will determine location and governance of One-Stop
Career Centers
Six states have passed legislation to transfer public assistance programs
from state to county government entities. Colorado will be the first
beginning July 1, 1997. C~ll*'ornia, Minnesota, Ohio, and North Carolina
~ill follow in 1998. New York's legislation is pending a resolution to
transfer public assistance programs back to the state whenever counties
fail to meet legislative mandates and standards.
Florida has passed legislation to privatize public assistance programs on a
trial basis, following the Texas model which operates statewide under
contract with Lockheed Corporation. Florida will privatize public
assistance in three counties, yet to be named, this calendar year.
SEP 0 2 1997
~C;ONO~C
DISTRICT 8
WEL FA RE REFOR4// tY/GHL I GH TS
REQUIRES WORK
, Eliminate~ ~t° beneffis.
· At least 1 adult in each fatuity must work ~~3~4j~~~~ under
federal law. btrt cannot be required to worY, more than 40 hours per week.
o ~ from work requ[recaents are pro¥ided for ca[nor children, elderly or
disabled individuals and mothers vc~h a chtkl under age 3 months.
· People who don't con"iply with work requlremerrt~ will receive ~' In
certain circumstances, children of nonc~capllant parents may have honer'tis c~ntlnued
through a protective payee.
· · ' and ~ ~,o encourage rather than
discourage working.
· Provides ~ for job cre~'flon and retention.
,/
T/ME L/M/TS
· Lh'etime limit of
· Temporary assistance for most adults is limited to ~, consectrfive or cumulative
out of 60 months.
· For long-term welfare recipients with poor job skills and little work experience the time lira
i~ ~. consecut'rve or cumulative, ot. fl of 72. months, but no more than 48 months
:
lifetime.
· Hardship exemptions fr~ca time I[mlt limited to ~ of caseload in first year, ~ in secor
year and.2,,~ for third year and all future years.
· Hardship exemptions limited to cumulative total of ~_2 mon~,hs_ within the 48..month lifetim
limit.
· Mirror child. C~ and e~derlv or disabled lndlvlduzls are execapt from tlcae limit.
,/ CHILD CA RE
· Subsidized child care will be available for WAGES program participants for ,vjz_tJz.?,_,v-~1~
after they earn their way off of tempor'arY family assistance.
· Children of WAGES program participants and of working poor'facallies receive ~
Iz[:Jflzl:J~ as do abused or neglected children.
· Reimbursement for unregulated, informal child care wilt be no caore than ~ of regula~
child car~ rale.
· Implements Child Care Executive partnership to promote child c~r,e_for~vo~'
,/ CHILD SUPPORT
· Requires [oooer~tton .~th child s~u~oort enforcement a condition of WAGES prograr
eligibility.
· Toughens ~'~r~; -~ ~'~[~1~'" ~'~stlno laws.
· ~n Resoonslble Fat~her'hood to promote strategies that enc,~ura
Creates
~ther$ to acc'~pt the responsibilities of parenthood.
EflU$,4 TION ANfl TRAINING ~_~
· Limi~ full-flee ~du~tion without ~mp[o~nt to
~ of the ~s~1o~d ~t any gRen
·Pays provide~ of ~u~tlon end t~intng
of th~ WAGES pr~r~m padldpant.
· In addition to ~ild ~re, the WAGES pmg~m includes ~ for
up to 1 year s~er ~mil[es esm their way ~ of tempo~ family a~is~n~.
If needed for employment or tmln~ng, ass[s~n~ ~n be provided
~'unse[ing
. pemonat or ~liy ~ or ~empy, ln~udlng ~' m~y
be p~vided If n~ssa~ for a WAGES pa~dpant to se~re or retain a Job.
· .~ to upg~de skills may be ~vail~ble for up ~o 2 years a~er a pa~icipant
leaves th~ WAGES pr~m.
/ TEEN PREGNA NC Y PREVENT/ON rand TEEN PA RENT PRO WS/ONS t~ n
· Requires I~IWAGES C~litions to ~ate ~that redu~
pregnan~ and out~f-w~l~k bi~s and d~:~ horn preying on young
. girls.
· T~n pamnm must ~ or ~h a ~ponsible ~dult to pa~icipate in WAGES.
Bencfi~ are paid to ~mther~an rotan.
· Teen parents must ~ until ~ey m~ive high s~ool dip[oma or GED.
~ FEA UD PREVENT/ON , R~uires HRS to Implement a new ~pr°gmm'
· Gives ~ au~o~ to AudRor General's Division of Public
Assistan~ F~Ud.
~ ADM/N/~A T/ON AND/MPLEMENTA
· . Creates a ~mtnatedWAGES S~te Program Board and l~al WAGES
~alitions to guide implementation.
. Provide~ for phas~ implemmn~tion with policies that ~ ~ing implemented
before those that ~st money.
Agenda ~I r~em
No..$ Le~ ~
SEP 0 2 1997
pgo '~ _
uJ
LU
SEP 0 2 1997
J SEP021997
' ~'REGION 24
BOARD MEMBERS
Ms. }can Anderson, Vic: Ch,tlr
Heahh & Human Services Board
321 West Arcade
Clewistln, Florida 33440
(941) 9B3-7255
FAX:
Mr. Lester Baird, County Administrator
Hendry Co. Board of Co. Commissioners
P.O. Box 1760
I..zBell¢, Florida 33975
Phone: (941) 675-5220
FAX: (941) 675-5317
aret H. Cherry, Regional Administrator
Division of Jobs and Benefi~
3745 Broadway, Suite 307
For~ Myers. Florida 33901
Phone: (941) 278-7133
FA.X: (941) 278-7165
Mona Evans, Director
Glades Blvd.
Naples, Florida 34112
Phone: (941) 775-8688
FAX: (941) 775-E658
Ms. Deborah Armstrong, Human Resources Specialist
Moore Haven Corrcaioral Facility
O. Box ';1850!
Moore Haven, Florida 33471
Phone: (941) 946-2420
FAX: (941) 946-2481 ________.
Sherry Bright, Chief Strategy Officer
Lee Memorial Health System
2776 Cleveland Avenue
Fort Myers, Florida 33901
Phone: (941) 332-1111
FAX: (941) 334-5519
Mr. Philip Dorsey, District VIII Administrator
Department of Children & Families
P.O. Box 60085
Fort Myers, Florida 33906
Phone: (941) 338-1457
FAX: (941) 338-1234
Ms. Betty Gissendanner-Doster
State Farms Insurance
341%O Tamiami Trail
Port Charlotte, Florida 33952
Phone: (941) 625-4149
FAX: (941) 625-2420
Ms. Karen Hawes, Director
Department of Human Services
83 Pondella Road
North Fort Myers, Florida 33903
Phone: (941) 656-7925
FAX: (941) 656-7960
Mr. Fermis Huggins
New Testament Church
Yorkshire Street
Port Charlotte, Florida 33952
Phone: (941) 743-9585
FAX:
Ms. Tandy Kraft, Director, Hum2n Resource~
· rIott Marco Resort
400 South Collier Boulevard
Marco Island. Florida 34145
Phone: (941) 394-2511
FAX: (941) 642-2677
Ms. Ann Arnall
Department of Human Services
83 Pondella Road
North Fort Myers, Florida 33903
Phone: (941) 656-'/925
FAX: (941) 656-7960
Jack Humphrey, president
International Packagtng Machines, Inc.
2261 Trout cour~
Naples, Florida 33962
Phone: (941) 643-2020
FAX: (941) 643:270S
Mr. Walter Lynch
Klw~"~s Club'ot Murdock
26287 Cophpo Circle
Punt~ Got&, Florid,. 33983
Phone: (941) 764-6138
FAX: (941)
Mo.~
SEP 0 2 1997
Mr. David A. Lyor~, President Vis. Linde Maxwell, Director, Human Resources
Columbia Fawcett Memorial Hospital
Lyons Printing 21295 Olean Boulevard
P.O. Box 516
Clewiston, Florida 33440 Port Charlotte, Florida 33952
Phone: (941) 983-6?53 Phone: (941) 629-1181
FAX: (941) 983-2607 FAX: (941) 627-6121
Dr. lacquelyn M. McDonald, Coordinator Ms. Rhea Mike, Director
',DEAl;, Inc. for Parenting Collier County Child Care of Southwest Florida, Inc.
27075 Kindlewood Lane 3625 Fowler Street
Bonita Springs, FL 34134 Fort Myers, Florida 33901
Phone: (941) 947-~36 Phone: (941) 278-1009.
e mail: jnvd~juno.com FAX: (941) 278-3031
Mr. A.H. Muhammad, Executive Director
Ms. Melvin Morgan Quality Life Center
2196 Pauldo Street
Fort Myers, Florida 33916 P.O. Box1255
Fort Myers, Florida 33901
Phone: (941) 332-0092 Phone: (941) 334-2797
FAX: FAX: (941) 337-0883
Ms. G. Yvorme Powe
Mr. Len Myers Human Services Program Specialist II
South Seas Resort
12800 University Drive, Suite 310 Dept. of Juvenile Justice
'Fort Myers, Florida 33907 824 Del Prado Blvd.
Phone: (941) 481-5600 Ext. 338 Cape Coral FL 33990
FAX: (941) 481-6667 Phone: (941) 772.6964
FAX: (941) 772-6975
Mi'. Frank Rodrigucz Mr. Terry Shipe, Comp. & Training Manager
4675 3rd Avenue Southwest U.S. Sugar
Naples, Florida 34116 P.O. Drawer 1207
Phone: (941) 434-1975 (home) Clcwiston, Florida 33440
(941) 435-7635 (work) Phone: (941) 983-8121
FAX: (941) 262-5203 (work) FAX: (941) 983-5603
Dr. Rodger Shaver, Radiologist Ms. Helena Sloan, Family Resource Specialist
YMCA Children Youth & Family
R~diology Regional Center P.O. Box 510147
)690 Broadway Punta Gorda, Florida 33951
Fort Myers, Florida 33901
Phone: (941) 936-2316 Phone: (941) 575-8181
FAX: (941) 936-6427 .... FAX: (941) 575-8882
Mr. Fred Thorn~, Executive Director
Vir. Cliff Smith, President Collier County Housing Authority
United Way 1800 Farm Workers Way
7275 Concourse Drive
lmmokalee, Florida 34142
Fort Myers, Florida 33908
Phone: (941) 433-20(3<) Phone: (941) 657-3649
FAX: (941) 433-4830 FAX: (941) 657-7232
Ms. Gay R. Thom?son, President
Cement Industries, Inc.
2709 Jeffcott Street
Fort Myers, Florida 33901 Mo,_.~.n.-~
Phone: (941) 332-1440
FAX: (941) 332-0370
~ SEP. O 2 1997
The Florida Legislature in 1996 aoproved the Workforce Florida Act which created
the State Jobs and Education p'armership as the agency to oversee Workforce
Dm-elopmenr- The Jobs and Education Parmership then created twenty five Regional
Workt'orce Development Boards, who will develop policy for the following initiatives:
1) Welfare-to-Work
2) School-to-Work
3) High Skill/High Wage
4) One Stop Career Center
In addition, the Regional Boards will be oversee the funds associated with the Job
Training Partnership Act.
The Regional Workf'orce Development Board has identified the World'orce Council
of Southwest Florida, Inc. to be the administrative entity and Fkscal agent for the Job
Training Partnership Act funds. The Workforce Council will then be responsible for
all intake, eligibility determination, case management, counseling, and refer to
training for all participants. The Council will process all invoices, payrolls, etc. as
well as handle State reporting requirements.
The Regional Workforce Development Board, will monitor the performance of the
World'orce Council. This will be accomplished by a commit'tee of the Reeional
Board, who will review monitoring reports from an independent monitor, conduct
on-site reviews, and by reviewing reports submitted by the Workt'orce Council.
The Welfare-to-Work initiative was also created in the 1996 legislation. The
legislature approved the WAGES Act (Work and Gain Economic Self-Sufficiency),
which is the State of Florida's Welt'are Reform legislation. This legislation mandated
that a local Wages Coalition be formed to oversee this initiative. In Region 24 the
coalition is not the Workforce Development Board, but a separate advisory board.
The coalition and the workt'orce development board must coordinate theLr activities
to ensure that the best services are available at the most economical cost.
The Wages Coalition will be responsible for handling the discretionary funds for the
. These funds can be ,jsed for such services as transportation,
umty work expenence, classroom training, assessment, placement,
and follow-up. The coalition will award these funds based on a competitive nature
to local agendes.
implemegntadon plan to ensure coordination with other initiatives and to minirniz,.
duplication.
The School-to-Work initiative is funded through the federal budget. The
Superintendents from the five counties along with Edison Community College, have
formed a consortium and have designated the Lee County school district as the fiscal
agent.
The consortium has established a Regional School-to-Work Governance Board that
works with the school districts in the design of a school-to-work system.' The
Regional Workforce Development Board has the responsibility for reviewing their
implementation plan to ensure coordination with all facets of the community.
Each school district will design their own system for implementing this initiative.
Edison Community College and Florida Gulf' Coast University will design their system
as well, this will make for a smooth transition from school-to-work.
The High Skill/High Wage initiative is one that the State is promoting through the
performance based incentive funding, that is geared towards training and placing
individuals into a job that has a starting salary of $7.50 per hour. That figure on July'
!, !997 -'..'il! be ck.~nged to reflect =n average of $9.00 per hour, per job clas:ificv.,_;on.
Both of the above require that the region document the demand for these
occupations. That demand must be equal to or greater than ten job openings per
year.
The Regional Work/'orce Development Board has stated that the requirements as
stated above must be lessened for this region. This region is rural, especially in
Hendry and Glades county, and the majority of this region's economy is based on
tourism. Therefore, the Workforce Development Board has noted all training must
be in areas that reflect a career path.
As you can see by the char~, this initiative can affect ali Vocational Technical Schools,
Edison Community College, Florida Gulf Coast University, and the private schools
who provide training to our local residents.
The fourth initiative is the One Stop Career Center which is the State's initial customer
service contact strategy for offering every resident access through service sites,
telephone, or computer networks to a wide range of employment, education, and
training services.
Agend,~. ~:em
NC).~
SEP 0 2 1997
The plans for Region 24 are being developed to have seven full service centers, as
well as nine satellite centers. The full service facility will be as agreed by all local
panners, center whereby the agencies will be co-located. At a minimum the
following agencies will be located in the same building:
1) Department of Labor Jobs and Benefits
2) Department of Children and Families
3) W'orkforce Council of Southwest Florida
4) Division of Vocational Rehabilitation
5) Other local service organizations
Residents will be able to enter any full service center and apply for all services
available,in addition information will be available on job openings, training
opportunities, and other labor market information.
Businesses wishing to list job orders can call the center and have that ]ob opening
distributed to all agencies within the center, and to other training institutions such as
Vocational Technical Center, and Edison Community College.
Individuals entering the satellite facilities can access all the information available prior
to corning to a full service center. Ail centers and satellites will be networked
together :o the ,-,-change of inrnrm~t,:on will be ~monov all five counties within the
region. It is anticipated that we will have access to statewide information in at least
one center and hopefully all facilities.
Additional information can be obtained by contacting Joseph Patemo, Executive
Director at 941-261-0553.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
the meeting date of September 2, 1997
6A.
CLERK'S REPORT
1. General Fund (001) FY 96/97
2. Commun~ Development Fu~d (113) FY 9(~/97
3. Fac~3ities Construction Fund (301) FY 96/97
¸,0
ANALYSIS OF CHANGES TO GENERAL FUND (001)
RESERVE FOR CONTINGENCIES
For the meeting date of September 2, 1997
FY 1996,97
RESERVE FOR CONTINGENCIES:
Original Budget 10101/96
Current Balance 8/22/97
(Reductions) or increases as explained below
EXPLANATION OF REDUCTIONS
B.A.
Date ~
11-27-96 48
Explanation
To repair the bottoms of the actNity and plunge pool.
$
$
12-11-g6
To pay Ut[lity expenses for Immokalee Ch~d Care Center
12-11-96
68 To repair the Central Llbra~7 Chiller
12-31-g6
1-16-97
1-22-97
92
110
119
Reduce transfer to Reed and Bridge due to additional
revenue received fro roadway sweeping and mowing.
To execute the Fair Labor Standards Act settlement agreement
and releases with plant[frs no Iong~ employed by EMS.
To recognize carry fonvard and r~duce required
budget revenues.
1-31-97
143
To proceed with Tax Deed App' 3tlons for delTnq~t
taxes for 1994 tax ~tes,
2-11-97
To fund gain sharing arwards es approved by BCC 12-17-95
2-28-97
3-17-97
187
202
To fund emergency repaim to the Immokalee Jai~, Naples Jail
and building K ice machine.
To pay the cost of hiring a new County Administrator.
4,675,900
5,123,g83~
,,~e,o83~
(Reduction)/
Increase
(16,5O0.00)
(11,000.00)
(14,475.00)
41,300.00
(42,770.00)
1,364,600.00
(35,500.00)
(80,956.00)
(12,500.00)
(15.500.00)
SEP 2 1997
Page 2
5-5-97
5-7 -97
6-5-97
6-16-97
6-25-97
8-4-97
8-7-97
8-12-97
8-19-97
248
252
290
299
Improvements and new furn~Jre for the Golden Gate L~rary,
To provide funds for mandated Medicede costs.
Reduction in expenses and recognize contn'butions from WCl for
purchase of land in W~ggins Bay Basin.
To fund Summer Youth Nights in Naples and Immokalee
312 To cover the cost of updates to the Collier County
Code of Laws and Ordinances.
380 To fund a Law Enforcement and Con. ectional
Facil{ties Impact Fee Study.
392 To cover County Managers termination fee, and
cost for new manager.
401 To pay for the first year of ma[ntenance for HRIS.
411 Engine overhaul on Helicopter
Az,nendments amounting to less than
$10,000 each: (No.: 29, 17, 66, 69, 51,161,162,336)
(53,000.00)
(435,000-00)
47,600.00
(lO,OOO.OO)
(14,500.00)
(95,5O0.00)
(91,900.00)
(20,500.00)
(19,136.00)
(36,680)
Total Reductions
448,083_
"~...~ ~
SEP 2 199~
ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUND (113)
RESERVE FOR CONTINGENCIES
For the meeting date of September 2, 1997
FY 1996-97
RESERVE FOR CONTINGENCIES:
Original Budget 10/01/96
Current Balance 8/22./97
(Reductions) or increases as explained below
EXPLANATION OF REDUCT]ONS
Date
1-22-97
Request_
112
Explanation
Funds provided by excess carTy fomrard
277,400
749,600
$ 472,200 ·
(Reduction)/
Increase
$ 485,200.00
5-30-97 285
Funds needed to continue microfilming bt~dlng permit files to m (13,000.00)
room for additional record storage.
Total ReduCtlons S 472,200.00
SEP 2 1997
Pg_ ! _
ANALYSIS OF CHANGES TO FACILITIES CONSTRUCTION FUND (301)
RESERVE FOR CONTINGENCIES
For the meeting date.of September 2, 1997
FY 1996-97
RESERVE FOR CONTINGENCIES:
Original Budget 10/01/'96
Curront Balance 8/22297
(Reductions) or increases as explained below
B.A.
Date _ Recluest
2-11-97 148
EXPLANATION OF REDUCTIONS
Explanation
Addition carry forward is needed for ongoing projects
for 1997.
2-24-g7 156
Funds not needed for Lighting Retrofits, returned
to reserves.
3-5-97 196
Funds needed to cover the cost of professional
landscaping for East 41.
5-23-97 281
Funds needed to upgrade NC STstem, Security, Signage, and
repair to bathrooms at ]mmokalee Aquatic Cent~.
7-3-97 324
To install electrical clrc~Jlating fans In each day room
at the CountT's maln Jail.
7-18-97 356
To replace the air conditioner at the kitchen in the
Immokalee Jail.
294,400
432,938
(Reduction)/
Increase
258,534.00
15,000.00
(32,000.00)
(28,420.00)
(26,375.00)
(11,202.00)
8-16-97 412
Repairs and maintenance to jail booking room, the lobby
and the restrooms.
(8,150.00)
Amendmants arr~unflng to less than
$10,000 each: (No.: 25, 210,302,309,325,338)
(28.85~.00)
Total reductions
138,536.00
- t,r:,E NO,I,
SEP 2 1997
p;_ I _
A~gust 8, 1997
COLLIER COUNTY AD TOR'S OFFICE
3301 E. TAMIAMI TR.
NAPLES, FL 34112
(941) 774-8383
FAX (941) 774-4010
A C£RTIFIED BLUE CHIP cOMMUNITY
Mr. lira Colctta
3460 17~ Avc~Je. S.W.
Naples, Florida 34117
Re: Request for Public Petition - Collier County Employee Chrimtnus Party
Dear Mr. Coletta:
Please 1)c advised that you are scheduled to appcar bcfore the Coll~¢r County Board of
Cmnmi~ionerm at the mceting of September 2, 1997 rcl/ardin8 the above referenced subject.
Your pciition lc the Board of County CommissIOners w~'ll be limited to ten minutes. Please be
..~,, o.v,. ,,, ,,~ion on~ ~/tiii~ si this meeting. However, your
advised that the Board ,,, ........ .---. .... -.: ,:,-:. , ..... ,-,._....co,.,.oqon Therefore,
pctltion may be placed on a future a8~ for ,consideration
your petition to the Board should be tO idvisethem 0fYOur concern snd the ne.e.d for action by
the Board at a futurc meeting :' ?: "'
The meeting will begin at 9:00 a.m. in the B°ani''~ Ciiambers on the Third Floor of the
Administration Building (Building "1~) of the government complex. Please arrangc to be present
at this meeting and to rt~'IX~nd to inquiries by Board member~
If you require any further information or assistance, please do not hesitate to contact this office.
V~j truly, yours,
'R~'rt F. Femand~
County Administrator
Florida Sports Park
Jim Coletta
Chairperson of Special Events
3460 U/th Ave. SW
Naples, Fi. 34117
phone home 455-7882 / bus 455-4117 1 faa 455-1597
e-mail jimColcttai~)AOL. COM
August 4, 1997
Collier County Government Center
Robert Fernandez- County Manager
3301 US 41
East Naples, Fl. 34112
Re: Collier County Employee Christmas party.
Dear Mr. Fernaodez:
I have been directed by Rick Caperton the president of Florida Sports Park and
its board of directors to request under pu. blic petition for a brief presentation to the
CCBC.
Florida Sports Park has a history of community involvement that goes back 45
years. Our status as a not for profit and our mission statement requires us to gh'e
back to the Collier community. Florida Sports Park has given its grounds and
building to the use of many non-profit organizations for fund raisers. The Rotary.,
Kiwanis, Boy Scouts, Churches, and many fraternal organizations have used our
resources to raise funds. Also the park has been available to many of Collier's
families to help raise funds for losses such as fires and organ tra:tsplants.
In the recent past we have provided for the 911 emergency recognition day. Food,
entertainment, and fellowship were the order of the day. It is our hope to foster
better community relations by offering our resources for a Collier county employee
Christmas party. This party would take place on a Sunday in December and would
be for the whole family to enjoy.
AGEI';DAJT,F~
5EP ~ 2 ~7
In the not to distant past the county had provided for an employee family
Christmas party but due to budget cutbacks the employee party was dropped. We
are offering to restore this family party at no cost to the county tax payers. The cost
for this day would be shared with the community through donations of food, services,
and money. The business and civic entities of the community have expressed a
strong interest in becoming involved. It is to often that we fail to recognize the
efforts, accomplishments, and loyalties of the people that make our county
government work as well as it does.
What we would need from the CCBC is their support and guidance to make this a
special day for all county employees from top management to the new recruit. If
accepted we will need to put together a committee to include a number of county
employees (on their time not county time of course) to help plan the event. Ali plans
will be made available to you and your staff.
I am looking forward to making this proposal and will welcome all suggestions
from you or the commissioners on the basic premise of this proposal. If possible I
would like to present this to the CCBC on August 26.
j~letta-Cl{air of Special Events
Florida Sports Park
COLLIER COUNTY ADMINISTRA R'S OFFIC
3301 E. TAMIAMI TR.
N~L~, ~ 34112
(941) ~4-8383
FAX (941) 774-4010
20, 1997
A CERTIFI~;D BLUE CHIP COMMUNITY
Mr. John F. Hool~y
4532 Tamiarni Trail East
Suite 401
Naples, Florida 34112
Re: ILequest for Public Petition - Lely Civic Assr, oclation Storm Water Drainage
Dear Mr, Hooi~y:
~h~lul~ to appear before the Collier County Board of
Please be advi~d that you are
Commissioners at the mee. ing of Scpt~mb~ 2, I997 regarding thc above r~ferenc~i subject.
Your petition to the Board of Courrty Commissioners will be llmh~xl to tm minutes. Please be
· , ' n on your P~tifion at this mec'tlng However, your
advised that the Board will .t~e no actio~ ~.__-:~__.:.~-.'~ at the BOard's d:.scr~ion. Therefore,
pahlon may b~ plac~i '
your petition to the Board.si~ould b~ to advise them of your cone~n'n and the n~d for action by
the Board at a future me~tmg.
Th~ mr~tlng will b~gin at 9:00 a.m. in the Board's Chambers on tl~ Third Floor of thc
Administration Building (Building "F") of the govemm~t complex. Pl~a~ arrange to b~ present
at this me..ting and to re~-pond to inquiries by Board
If you r~uire any further information or assistance, plea-~ do not hesitate to contact this
County Administrator
P, KFFop
cc: County Attorney
Public Works Division
r
JOHN F. HOOLEY, P. A.
Bo~t C~,~d;M T,.;d .,4 ~,.~ ~x
TRIAL AND BUSINESS LAW
It.~41GRATION & NATIONNJTY
GENERAL pRACTICE
August 14, 1997
$~11'E 401
~ TAMIAMI TRAIL FAsT
NAPt.~$. FIJ~ ~4112
Mr. Robert Fernandez
County Administrator
Administratlon Building
3301 Tamlami Td., E.
Naples, Fla. 34112
Re: Lely Civic Association
Dear Mr. Fernandez: · · . ' ' n and w¢ hav~ a ~torm water drainage problem. The
I am President of Lely Ctvlc Az$oc.mt:o - -- -~"~;n storm water from Forest Hills Blvd.
a,--ciafion has been rr~intaamng a larg ~. P_ ~_u .. --- ~ ,,,,mn is on private property
~Tr~nterar~ on the ~.~rnp ha~ co~t over ~,0oo.oo a y~. ,,"- ~ ~ · ·
and we are unable to continue to zupport it. The pump is not running now and we antm~pate
flooding with the next storm. .
Our realdenta are v~ry up~ct and believe that the Cotmty kaz a resporm~illty to its voter~ and
taxpaycra to fix this problem on a more pecmanent bazis. The ~ituation is critical becSau~ the
flooding makes the street impaZsable and threatcaz to tlood the homes, depending on the
~:verlty of the ~orms. This flooding baa nothing to do with any extraordinary storm activity,
only the normal storms over the cour~ of the rainy
O~r rezidents wish to hear County propo'~al$ to alleviate this problem. They believe that their
status az taxpayers and votcr~ entitles thorn to a governmental response. I am sure that you will
not disappoint them.
John F. Hoolcy ~" ~"
IFH/dab
cc: John Norris
TELEPHONE: (941) 775-2908
COLLIER COU]YiY ADMINIglT TOR'S OFFICE
August 18, 199'7
Bradley Cornell
556 109~ Avenue, North
Naples, Florida 34105
Re: Request for Public P,tltion - Support for an Exotic Plant Quarantine Research Facility
D~ar Mr. Comdl:
Pi~se be advised that you are ~cheduled to appear bcforc thc Collier County Board of
CommL~ioncr~ at thc m~ing ot' Scpttmber 2. 199'/regarding ~hc above referenced subject.
Your petition to the Board of Count7 Com~sslon~s vail be limited ~o ten minutes. Please
advised tl~t th~ Board ~I1 taka no action on your petition ,I this met. ting. However, your
petition may be plact.,d on a future asead~ for c°n~dcratlon at the Board's discrctlon. Thercforc,
your petition to thc Boa~ct ~,ould b~ to aclvi~ then of your conctrn and thc need for action, by
thc Board at a ~jtur~
The meeting will begin at 9:00 a.m. in the Botrd's Chambers on thc Third Floor of thc
Admiristration Building (Building"F')'o£th¢ 8ovcrnment complex. Please arrange to be pr¢sent
at this m¢¢tlng and to respo.~ to inquld~ by Board rnember~.
If you rcqu4r¢ any furth~ information or assistance, pltase do not he~tat¢ to contact this office.
Robert F. Fernandez
County Ad~.,~$trator
cc: County Attorney
Community Dtv¢lopment and Environmental Services Division
AGENDA ITJ~
SEP 0 2 1, 7
774
August 14. 1997
Rob-,rt Fernandez. Count' Administrator
3301 T~mlsml Trait.
N~plcs. FL 3.1112
**Via fax: 774-401.0 **
Bradley Comell
:556 109th A~'enue, .Nmlh
,Naples, FL 34108
11592-TSBS(H}; 94 ! I$9'1.1
RE: Request to appear before the BCC on Aug'tot 26 uncle:' Citizen Petitions regarding support roi'
an Exotic Plant Quarlntlrte Research Facility
D~ar .XIr. Fm~andez:
I am xxziting to fom~all.,,' reques~ ali appearance before the Board of Collier County Commlssioners on
Au.~ust 26 agenda under Citizen Petitions. TI~ ~.~rpos,~ is to ask Ibr approval ora proposed r~.solt'tion
(currently on file in ,,~,r o0fic¢ as Ar~aclunent A ~vld~in a staffrepon entitled. "Exotics .X. lana~zment
[mplcm,,nt~tlon Srr~te~'. May 2g, 1997) and transmittal ora cop}' of tills r~solution to Sinaker of the L' S
House of Rep:esentatives Ne~vt G{ngrich. The ti:nin~ of ~hls resolution and corn eyance lc) Speak~n'
Oingrlch is importan! 1o fha' federal b'.~dge: process cd,ich will hol~ fully ~,tnd fig Exotics Research
Quarzntiz'ie Fa¢illry in Ft. L~uderdale. The budget conference commine~ xxill ~ meeting in
appropriations bill.
L'nfommately. Sot;th Fl~dz is at risR of not se~in{ this re~esrch facilis; at a 6m¢ when biological consol
research is gaining m~nm~ ~x~fl~ fl~ recur success~l release of a weoil ~ich ~nacks melaleuca.
Reliance on a tiny ~red f~cili~' in Oainesdlle i~ ~d~olly i~d~qu~e and could cost s~fl~zm
pep~r, old ~x'orl~ cl~bln~ fe~ a~ hundreds ofo~s. The effoa :o ~ol t[~ des~cti~z phnts
~en detem~ined to ~ ~ile ~x~thout ~ologkel consol
Pleise refer to lhe st~ffre~ lisl~ a~x'e for b~ckground on EPTAB Re~mm¢nd~ti~ =
pro~sed resolution in A~c~l A ~est would ~ v~' ap~o~at¢ ~ck~p items to h~cludc.
possible.
~tat~ }'~ vc~' much f~ c~sid~g my rc~ucg, and please call tile willl any questions c~ccmlng
mimer.
Sincerely.
s' Bradle.~ Corr~ll
SEP
DETERMINATION OF WHETHER OWNERS OF 24 IMPROVED PARCEL~
LOCATED IN SECTION16, TOWNSHIP SOUTH, RANGE 34 EAST, COLLIER
COUNTY MUST ACQUIRE BUILDING PERMITS, ACSCfST SITE
ALTERATION/DEVELOPMENT PLAN APPROVALS, AND PAY APPLICABLE
FEES COMMENSURATE WITH THESE PERMITS INCLUDING, BUT NOT
LIMITED TO, IMPACT FEES.
~ To have the Board of County Commissione~ determine whether various
owners of 24 improved parcels (AKA Big Cypress Sanctuary), located in Section 16,
Township 49 South, Range 34 East must acquire building permits, ACSC/ST site
alteration/development plan approvals, and pay applicable fees commensurate with these
permits including, but not limited to, impact fees.
CONSIDERATIONS; On November 19, 1996, the Board of County Commissioners
(BCC) reviewed :i public petition by Debi Lee, agent representing the owners of 24
improved properties located in Section 16, Township 49 South, Range 34 East of Collier
County. The BCC recommended that each improved property be heard individually on
the regular agenda, during the same time frame which all of them can be heard. {See
.4tt.;chment ] (BCC Minutes)]
~ {Refer to .4ltachment$ 2 and $(/i) - (P)*]
Florida Department of Community Affairs (DCA) personnel facilitated inter-agency
meetings between the National Park Servioe (NPS), Monroe, Collier and Dade County
staff to exchange information regarding development of privately-held parcels and
hunting camps within the Big Cypress National Preaerve. The purpose of the meetings
xvcre to improve coordination and review of development; evaluate the impacts of
development within the Preserve, and to explore options for resolving violations which
have been observed by the Big Cypress National Preserve rangers.
The Big Cypress Area was designated as an Area of CriticaI State Concern in 1974. The
primary purpose of the designation was to recognize environmentally sensitive lands.
Since the designation, 716,000 acres have been authorized by the Federal Government as
the Big Cypress National preserve; however, there still remains 15,000 acres in private
ownership. Ther~ are approximately 275 in-holdin~ consisting of private .residences,
commercial establishments, and hunting camp~.
About half of these improved properties are in remote locations which are sometimes
inaccessible by traditional transportation methods. Because of the isolated nattn'e of the
Big Cypress Preserve, many of the regulatory agencies are rarely present tO assure
compliance with ~,ate and local regulations.
The major issues with the in-holdings are: I) Ceaapools - improperly designed an:l sited
sewage disposal sy~ms which are located in soils _with .hi~. wa~r rabies,
mounded, and are placed in immediate proximity of wetlancts anti sunace
SEP
/
in wetlands; 3) Sprawling trash, construction debris, discarded household appliances,
abandoned vehicles, etc. adjacent to wetlands; 4) Building code violations which could
represent hazards to the occupants; and 5) Lack of a centralized coordinated permitting
office or procedure with enforcement capability.
DCA requested that the Florida Department of'Health (FDFI) and Collier County
Government investigate potential non-permitted developments located within Section 16,
Township 49 South, Range 34 East and bring those that do not comply with applicable
codes into compliance. On August 12, 1994, various property owners in the Section were
notified of violations (failing to obtain permits for improvements). Notifications were
served in October of 1994 with a sixty day compliance date. None of the owners have
complied.
At some point, the cited owners made claims that County officials in previous
administrations had exempted them from the permitting process. In February of 1995,
County Commissioner Ben'ye Matthews (then Chairman), requested background
information on the Big Cypress National Preserve issue and that site visits be performed.
On February 22, 1995, Code Enforcement staff responded in writing to Commissioner
Matthew's request. On January 9, 1996, DCA vrrote to Commissioner Matthews
regarding the issue. {See Attachment 4}
In September of 1995, Code Enforcement requested a legal opinion to determine whether
the affected owners in the Big Cypress National Preserve acquisition area should be
considered as legal non-conforming and exempt from County building codes. The
County Attorneys and Planning Officials requested Code Enforcement staff'to make one
more attempt to verify the above-mentioned claims of exemption from building codes.
Former Environmental Specialist II, Mike Kirby, produced a memo detailing his efforts.
In 1996 the legal opinions were rendered by the County Attorneys Office, they stated that
the property owners cited by Code Enforcement are not vested and must secure building
permits and pay impact fees, where applicable. [See ~4ttachments 5 & 6}
On August 16, I~6, a letter written by Vincent A. Cautero, Community Development &
Environmental Services Administrator, to ~eis. Debi Lee, stated that the Building Review
and Permitting Department will require that "as built" drawings be submitted with the
building permit applications and that inspections be conducted. On September 17, 1996,
Debi Lee wrote to Mr. Cautero and requested that she be given the opportunity to petition
the BCC to have her concerns regarding after-the-fact permitting addressed. {See
Attachments 7 & 8}
According to the County's Tax Collector records on August 1, 1997, property owners of
Parcels 19 and 1.15 have had homestead exemptions since 191t8 and real property taxes
on Parcels 1.4, 1.6, 1.12, 10, 21, & 23 remain unpaid.
SEP 0 2 1997'
~ currendy zoned ,,CON-ACSC/ST" Conservation District with a Big
All the parcels are
Cypress Area of Critical State Concern/Sensitive Treatment Overlay. Prior to October
30, 1991, the parcels were zoned "A1-ACSC/ST' Agricultural District with a Big
Cypress Area of Critical Stale Concern/Sensltiv¢ Treatment Overlay. Authorized uses,
such as the electrical work p~rrnitted on parcel 19, which were operational at the time of
zoning change and ar: cun':ntly Ol~rational, are considered legal non-c~nforming
according to Section l.g.3 of the Land D~velopment Code (LDC). ['Not:: If any such
discontinues Ol~rati°n for any reason (except wher~ governrnenml
non-conforming us~ for a ~riod of more than 1 g0 consecutive days,
action impedes access to the premises)
any subsequent us~ of land shall conform to the regulations s~cified by the district in
which such land is located.]
The purpose of the Conservation District is to conserve, protect and maintain vital natural
resource lands within unincorporated Collier Count)' that are primarily owned by the
public. It is the intent of the Conservation District to requir~ review of all development
proposed within the District to ensure that the inherent value of Collier County's natural
resources is not destroyed or unacceptably alt:red. S~ction 2.2.17 of thc LDC establishes
criteria for l:~rnitted uses, conditional uses, dimensional standards, and signs. [Note:
The maximum density p~rmitted is one dwelling unit for ~ach five gross acres, except
that within the Big Cypress Preserve the maximum density shall be one dwelling unit for
each three gross acres.]
The purpose of the Big Cypress Ar~a of Critical State Concu-m/Sensitive Treatment
Overlay is to pro~;ide regulations to conserve and protect the natural, environmental, and
economic resources of the Big Cypress area. Furthermore, these regulatlons provide a
em that will preserve water quality, provide for th~. ,,
lo~it and ,,~t:r managc~ment syst .......
%mum utilization of the limitea water resour~c~
planned development, and protect the health, safety and welfare of resldents of the state.
Section 2.2.24.3.2 of th: LDC establishes criteria for sit~ alteration, drainage,
transportation facilities and structure installation. [Note: The maximum sit: alteration
shall be limited to ten l~rcent of the total site size (not to exc. c'~l 2,500 ~quar: f~t) and
installation of nonl~nneable surfaces shall not exc,~d 5(Y'A of any such arca.]
Prior to the adoption of the 1976 Subdivision Regulations, S~x.--tlon 16 was divided into
two parcels. Teday, the s~ction is divided into
recorded in the public records and id~tified on the tax roll prior to Janum'y 1, 1994 and
have a private ~as~ment reserv~ or r~orded in the public r~cords or a public or private
fight-of-way that has access to an easement, the divisions of lands shall consiltut: the
subdivision of rural lands, according to Section 3.2.4.10 of the LDC. Ail of the parcels
hay: b~:n r:cord~.d in the public records and identified prior to January 1, 1994.
SEP 0 g 1997
P~. ~
nearest maior improved roadway to Section 16 is 1-75. An exit ramp is available off the north
The
the major inter~te at S.IL 833. Access to the s~'tion has been primarily from
and ~outh off S.R. 833 then through the Big Cyprus Seminole Indian Reservation along
the L-28 Int~rc~tor Canal, then ~outh through S~ciion ? by unimproved roadway (AKA
Big Cypress RD). All access points existed prior to 1982. Half of the parcels contain
improved roadways, thirty pea-mt contain ddv~rays, and the r~malnlng twenty l~cent
contain unimproved trails. L~gal accesses may or may not be available. [Note: Prior to
the issuance of a building permit for any property in a rural subdivision, the owner of the
' or she has an
property applying for the building I~~mit must provide v~ificauon that h~roperty must be
existing means of access to the propeax'y and the means of access to such
a minimum of 24 feet in width.]
Prior to the 1982 Zoning OrdinanCe of Collier County, four building permits for Parcels
1.17, 1.3, 1.6, and 10 for mobile homes were issued and cancelled, because certificates of
occupancy were never issued. [Note: After January 1982 to present date, mobile homes
have only been pe. rmitted on a temporary basis.]
One permit for electrical work on parcel 19 received a certificate of occupancy on 1/$/77.
According to Section 103.9.3 of the Building Construction Administrative Code, no
person shall make connections from a utility, source of energy, fuel or power to any
building or system which is regulated by the technical Codes for which a permit is
required, until a certificate of occupancy is issued. The Building Review and permitting
Department may authorize the temporary connection of the building or system to the
utility source of energy, fuel or power for the purpos~ of testing building service systems
or for use under a temporary certificate of occupancy. [Note: Since November 1977, the
County has had a provision that any such trtility (o:cept railroad, electric or
communication utility in the exercise of its functions as a utility) shall not install,
connect, disconnect or remove meters or their protective d~aces until a certificate of
occupancy has been issued on the installation to be served through the meter.]
In order to correct potential environmental health and safety hazards rdatlng to sewage
disposal systems (discorded during the County's initial inve~gations), Richard Clark,
past Code Enforcement Director, created in 1995 a "tc-mporary use ~mlt for septic
system" on the basis that the operation of the system would not begin op~-ation until a
building permit was issued by Colli~ County, Nine temporary use p~mits for septic
systems w~e issued. Five permits, Parcels 16, 15, 1.4, 1.$ and 25, passed final
inspection by the FDH and four permits, Parcels 4, 9, 19 and 6, have expired according to
FDH regulations. None of the owner(s) or bls/bet legally designated agent have obtained
building permits. [Note: Septic tank requirements have existed since the adoption of the
Building Code in 1959.]
of the owner(s) or his/her legally designated agent have obtained approval of a site .
any land dcs~gnatco ~-,,~o .... -- .... ~ SEP 0 g 1997
'
apply for and receive approval ora site alteration/development plan, as the ease may be,
by the BCC.]
QTHER CONSIDERATION,5
If a parcel contains improvements which have been permitted and constructed, according
to all applicable federal, state and local regulations, prior to January I, 1956, then it can
be exempted from acquisition and authorized to remain within the Big Cypress National
Preserve. '
_CONCLUSION
While it is true that the amount of development within the Big Cypress Preserve is small,
the conditions are generally severe (e.g., improper sewage disposal, wetland impacts,
illegal dumping, and abandoned vehicles). In the pa~ the Florida Department of
Community Affairs has made the assumption that acquisition was the answer to
protection of this vast swamp. Big Cypress drainage contributes to the over-nutrification
of the Everglades and every effort should be made by all parties to correct these
violations as they are reported.
[i.~I~L IMPACTS: {Refer to Attachment 9}
The revenue derived from alter-the-fact permit fees is approximately $58,200.00 (four
times the regular fees) and the revenue derived from impact fees is $77,232.72 for a total
of approximately $135,400.00.
~GRQWTH MANAGMENT IMPACT: {Refer to Attachment I0}
Section 1.5.1 of the LDC states that the adoption of the LDC is consistent with,
compatible with and furthers the goals, policies, objectives, land uses, and densities
contained and required in th6 Growth Management Plan (GIMP). As a result, if the LDC
regulations (listed below) are complied ,Mth accordingly, then the improvements would
be cor~istent with. the GMP.
Legal accesses may or may not be available. Prior to the issuance ora building permit for
any property in a rural subdivision, the owner of the property apptying for the building
permit must provide verification that he or she has an existing means of access to the
property and the means of access to such property must be a minimum of 24 feet in
width. If legal access is not available, improvements would be inconsistent with Section
3.2.4.10 of the LDC.
No building or structure, or part thereof, shall be erected, altero~, or used, or land or water
used, in whole or in part, other than specifically permltt~ by the provisions of each
zoning dislfiCt. If building permits are not obtained and site alteration improvements on
Parcels 27, 1.15, 23, 1.17, 16, 1.12, 1.6, 1.$, 25, and 1.16 am not removed and the sites
are not restored back to their original natural conditions and/or mitigation activities are
not completed, the improvements would be inconsistent with Sections 1.5.6, 2.1.15,
2.6.8, and 2.2.24 of the LDC. ;-. [
' I
SEP 0 2 1997
All parcels must b~ consistent with the criteria for l:~nnitled us~s, conditional uses,
dimensional standards and signs according to Se~ion 2.2.17 of the LDC. Pare~ls 27,
1.15, 21, 1.4 and 1.2 have more than one single family dwelling unit per five acres and
thus the improver~ents are inconsistent with Section 2.2.17.4.5 of the LDC. Parcel 21
must obtain a lot-line adjustment or relocate structure; otherwls~, the improvement would
b~ inconsislent with Section 2.2.17.4.3 of the LDC.
I~!~-,.~P~-i In order for all cas~s to b~ consistent with the County's
regulations the following issues must b~ corrected: 1) Establishment of legal accesses; 2)
Permitted us~s in complianc,~ with zoning (CON-ACSC/ST); 3) Structures built in
compliance with all applicable building codes and zoning, 4) Site alteration
improvements on Parcels 27, 1.15, 23, 1.I7, 16, 1.12, 1.6, 1.g, 25, and 1.16 are removed
and the sites are restored back to their origlnal natural condition and/or off-site mitigation
activities are completed; and $) Building permit fees (four times the regular fees of each
trade fee), impact fees ($3530.80/per single family and $2151.14/per mobile home) and,
where applicable, ACSC/ST permit fees (four times the regular fees of $85.00 per 5 acres
or less + $9.00 per acre over 5 acres) are paid.
, 7
PREPARED BY:-~'~ ~_~___~ DATE:
~.,J~nvironmental Sl~ciallst I!
.Code Enforcement Dcpartment
RENEWED BY~DA~:~
-LiMa P. Sullivan, Director
Code Enforcement Department f~,(/~..~
RENEWED BY: :"_ ' __ - :-- -. ~
Donald W. Arnold, Director
Plannin ervices Dep~' ~-l~:~---'-'
~q'nCent A. Cautero, Administrator
Community Development & Environmental Services Division
SEP 0 2 1997
ATTACHMENT 1: ~C MINUTE5 (See It~ 17A)
November 19, 1996
~ OF TH~ 0CTO~ 22, 1996 ~ KEETING AND ~BER 30, 1996
~~ET~ -APF~mVEDAS ~
CHAIRMAN NORRIS: We have some minutes.
COMR4ISSIONER CONSTANTINE: Mr. Chairman, I'd like to
make a motion we approve the minutes of the October 22, 1996, regular
meeting and the October 30, 1996, special meeting of the board of
commissioners.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN NOKRIS: We have a motion and a second to
approve the minutes. All those in favor signify by saying aye.
Opposed? ,
(No response) :
Item
CHAIRMAN NORRIS: Service awards. Commissioner Hancock,
I believe you have one.
C0~MISSIONER HA~;COCK: Yes. It's my pleasure this
morning to recognize one employee for ten years of continuous service
for Ochopee Fire Control, Miss Linda Swisher. Ccngratulations and
thank you. As we like to say, one decade down, two to go.
CF~IRMAN NORRIS: Two to go.
COMMISSIONER CONSTANTINE: Another 9 years, 364 days,
and ~arb will have caught her.
COMMISSIONER MAC'KIE: But who's counting?
Item
DF~I K~Y L/~ REGARDING THE BIG CYPRF~S ~Y pE~fi'~f]~G AKD
APPRKY47:r-~ - TO BE BROLKiuT BAC1TK AND S~-~ AS pJ~GIILAR A~"ENDA 'ITEM
C?&IRMAN NORRIS: Okay. We have now a public petition
today, Debi Kay Lee. While Miss Lee is coming forward, I'd like to
explain our public petition process. We allow ten minutes for a
public petition for the petitioner to make a case. We will be
unlikely to take any action whatsoever today but -- beyond that of
perhaps deciding to hear this at a future board meeting. We don't
allow public comment on your public comment. So take ten minutes and
tell us what you want to tell us.
MS. LEE: Okay. I'm not really quite sure, I mean, how
much time you've had to review it or how familiar you are with it,
whether you want me to outline it a little bit further or just tell
you as in the letter my concerns of why we need further --
CHAIRMAN NORRIS: could I ask you to state your name on
the record, please.
CHAIRMAN NORRIS:
Oh, my name is Debi Lee.
SEP 0 ~, 1997
Page 7 ~
November 19, 1996
the Big Cypress Sanctuary residents in section 16, township 49, range
34 in Big Cypress.
CHAIRF~N NORRIS: Okay. And you can tell us whatever
, for ten minutes that you think we need to hear..
you d like - - ~..-~ ~,~allv you have a situation
MS. LEE: · -- ~ 7- ~ut~ ~"~'7=s ~e'to basically nonfeasance by
where people were not issue= perm~
at that time It was originally in Immokalee. It started in
staff ' ralness of the area they
1976 where due to t~e remoteness and the ru
did not want to com~ out and inspect. They did not feel it was cost
effective.
I've enclosed in the package a summary that I did called
Big Cypress. It was given to Dick Clark in December -- February of
'95. I started this in '94. It explains the history of the area.
He never seemed to question the validity. I've enclosed also ten
individual statements of some of my clients telling their
experiences.
The process seemed to be going real well in handling it
in the beginning. We got the septic systems taken care of. We took
care of litter and things. Just it's been like two years now, and I'm
not saying this placing blame but in the same effect that I don't feel
my clients are to blame for their situation after, you know, intensive
research. I don't feel that the present viewpoint of the present
administration of wanting them to pay permit fees and impact fees as
if they had never built and all previous negotians (sic) which are
outlined in one of the letters to Mr. Cautero state everything that I
went through with Mr. Clark and Mr. Kirby who was our direct contact,
and we've not really come to any resolution. And it's not even as
much that the people can't afford the impact fees or that they don't
get th~ services as these homes were built and they made every effor~
to comply with building code at that time.
A few particular items and the handling of it, it was --
Mr. Kirby was an environmental specialist. He was our primary contact
to handle all -- you know, all information. And he didn't quite have
all the knowledge necessary. There was a lot of turmoil and upheaval
at that time. Mr. Clark then left in the beginning of '95. Oh.
C0MMISSIONEK HANCOCK: I'm sorry. Go ahead.
MS. LEE: Mr. Clark left, and nothing was done for
several months over the case. Mr. Kirby was acting in a different
position. When he finally got back to his desk and looked at the case
again, he deferred it to the legal department's office.
After six and a half months there, it came back with a
statement that present administration, Mr. Cautero, had some, you
know, concerns about, and so it's been revised.
I just don't think -- I think that the -- the people
have been living there. They made every honest effort. This.is not
just this section, although this is the only section that's been
issued the citations. The entire rural area out in that area I've not
been able to find very few permits and.nothing really reflecting
I feel that it needs -- there seem~ to be a lot of
confusion within my experiences over the past two year (sic)
Page 8
Wl
November 19, 1996
elopment services of how it can be handled. We had been told
~act fees were not going to be charged, and now present
admiDtstration feels that they don't have the power to, you know, do
that in the same way.
So I Just feel that due to interpretation that it needs
-- the board members sort of a decision that's gonna be in writing
hat's not: going to .be changed bec. ause.%h, er.e:s -- as there's no
ccountability for ~hat the building o~c~a~s told the people in the
taast then what Mr. Clark says is not, you know -- now is being
negated and what Mr. Kirby had told us at different times. The legal
opinion's been changed, and these people, you know, they're -- they're
like -- been under anxiety for two years.
COMMISSIONER MAC'KIE: What do you have -- what's your
best piece of evidence for their having --
MS. LEE: Glades Electric -- okay. Not only is it many
peo9le but there's --
COMMISSIONER MAC'KIE: But you don't know what I'm
asking for. .
MS. LEE: Oh.
COMMISSIONEK MAC'KIE: What's your best -- it may be
.that you're answering the question I was going to ask. I just want to
be sure· The -- the best piece of evidence that you have that they
sought permits.
MS. LEE: Okay. Glades Electric -- there's a package --
now, nowhere do you usually find that electric sea-vice is provided
.thout a standard certificate of occupancy. And service was
tarred. There's a ~eparate package in there telling you my
interviews and a letter from the Glades Zlectric engineer. You don't
- ge't'%l'ectrtcity without a certificate of occupancy. That's a standard
practice. ·
COMMISSIONER MAC'KIE: Unless somebodY makes a mistake
· d Glades does not do this anywhere
MS. LEE: Right...An ..... ~ ~- '76. Amain it was reiterated
else. And through -- it was sua~.u=~. ~
in 1980, again in 1987 that building department officials told Glades
Electric engineers and me= with them and told them that they were not
going tb go out there and do inspections. And so basically Glades
constituted the only permitting entity that these people found
available.
So not only did they have their own experiences, but
they found that they were able to get electricity. And so they had no
real reason to contest the -- the present legal opinion is that
building officials don't have the authority to say these things. But
if the people -- the only people that you have to go to don't have the
authority then, you know, where are you supposed to go? You basically
go by the laws of the land, and, you know, you do the best you can
which the majority of these people did.
And I don't feel that it's a fault situation. It's Just
the way it was. It's the times. I know that present administration
feels that, you know, that's what -- this is all they can do is
suggest that it goes before the board. But it's Just -- it's not fair
to take people who have been living in their homes, paying
Page 9
SEP 0 1997
November 19, 1996
know, for anywhere from 10 to 20 years quite comfortably and subject
them to -- as if they have never existed and that it's their fault
that they have not obtained the proper permitting.
COMI4ISSIONER MAC'KIE: So I've Just pulled out the --
the -- the letter I think you're referring to. It's December 8, '94.
It'S -- it's to you.
MS. LEE: Uh-huh.
COMMISSIONER M~C'KIE: Am I reading the right thing?
And it says that you called about how inspections are handled on the
Loony property near'Big Cypress and that several years ago somebody at
Collier County told the senior staking engineer at Glades Electric
Cooperative that -- that -- they basically told Glades Electric --
Electric Cooperative you go do the inspections?
MS. LEE: See,,now this was a continuance. Mr. Taylor
only started there in 1986. Also in that package is an interview that
I did with the original engineer. They were -- the -- the Glades has
just now turned over their operation to Lee County Co-op. And their
present _m~_nager, he was very concerned about the legal aspects of if
they could get in trouble because these were verbal agreements. But
~r. Ford, the original engineer, in the interview he gave me all the
information which I have recounted there. And he stated that should
it ever go to a court where, you know, he'd be forced, he had all of
his old records. I've spoke with many of the staff who were there,
and I did find out something new, that the very first ones that were
installed, they actually took the poles up by the Immokalee billing
office and let them take a look at what they were providing, and then
it continued. It was in '~6, 1980, then again in '87 that this
practice was continued, that they verified it with the county. There
w~re-S%veral meetings that they had, and that is the greatest piece of
evidence that we have.
CHAIRMAN NORRIS: Mr. Dorrill or Mr. Weigel, my
question, first of all, is a matter of process. Is this -- is the
Board of County Co~n~issioners going to be the proper forum to hear
this question? It see~ to me we've got code enforcement problems
that need to be decided before it ever comes to the Board of County
Commissioners if it ever should. I don't know. Maybe you can explain
it to us.
MR. DORRILL: This is currently being worked as an
active code case, and I'll let }tr. Cautero assist me here in terms of
some of the mechanics of this.
MR. CAUTERO: .Vince Cautero for the record. Good .
morning, commissioners. As -- as you know; until October 30 when the
-- the board amended the Land Development Code, code enforcement
cases could be appealed to the Board of county Commissioners prior to
them going to the Code F_nforcement Board. This would have been a
holdover case which could have gone to the manager for an appeal and
then the board.
In my discussions with Miss Lee towards the very end of
this process, it became apparent that the -- in my opinion the primary
sticking point was the impact fee. Rather than have 25 to 35 ~
individual cases go to the manager, I made the admintstrat]ive - -' ' -
Page 10 SEP 0 g 1997
.,. /O
November 19, 1996
t it was appropriate for her to
atit might be appropriate or tha .... ~e had been always
hot case because
omo to you and -- and state staff ~evel -- and
telling me that if it couldn't be resolved at the
unfortunately, I was unable to resolve it for her to her satisfaction
and her clients' satisfaction '- to in essence give her a day in
court if you will. in accordance with
. orthodoxed. Yes, officially
It is un ~- -~.,ld have gone to the manager and then the
the code, those cases -~,~ to 35 cases if we were
board, but you prob,ably would have had 30' be appropriate to bring it
upheld bY the manager, so I felt. it would
to you. - ..... -~COCK' Actually mY -- the -- the two
CO~MISSIO~ .r~.2 __ ihat' Miss Lee seems to be making a case
questions I had Du~u u,~ ~
collectively for all of the homes out there.
MS LEE: Right. -- okay. Just -- however, I
t think we can collec Y ·
because each one has its own scenario,
don'
its own parameters, ~,~, seen some documen~=%l~]_~t that contact
went about things. ~ ..... -~o- -ontact
that -- that tried harder to m=~= ~
need
than others.
So there are two issues here that -- that ~ think
to be decided, and the forum needs to b~ decided rather than
discussing it in full length today and then coming back amd dis --
iscussing it again in full length --
LEE' Right. · The first is
MS. · -K' __ another time.
C0MldISSIONEK HANCOC . happen to agree with commissioner Norris
- t~e'b~ilding permits, and I and should be dealt
that that, in fact, is a code enforcement issue
with individually for each structure. At least at this point that'S
the way I see it.
The second is the impact fees. Whether a home receives
a building permit or not, if they were built prior to the
implementation o= our impact fee ordinance and come in later and
per -- they were here prior to the
retroactively com~lY with building the same as homes that were -- were
ordinance. They should be treated
built prior to the ordinance, rathe~ cut and dry. If we
fees it seems
existed prior to the ordinance, then whether
$o for impact tt
Qehome
can verify or not, they
o
they have a p? ,, .... ~n seDarage un= ~ ..... ~or impact fees
Now, I don't. Know x=_l~mT~,t ~harge other nomeown=~
sense to me because w= u,--. the effective date of the ordinance.
· that were built prior to the --
COM/~iSSIONERMAC'KIE: And I can understand why staff
wouldn't be comfortable doing that administratively, but -- but I'd
support that position, that --
~licv on public p= . --~ ~ th~nk commission
agel .,,.
November 19, 1996
We may need to hear these individually rather than lump sum. We may
hear all them on the same time frame, but there may be some
differences between the various ones. But I'm going to take a little
convincing on some of it, but I think it certainly deserves a public
hearing. And I'll make a motion we go ahead and put it on a regular
agenda at the earliest convenient date. COI~MIS$IONERMAC'KIE: Second.
COM24ISSIO~ p~COCK: Clarification if I maY. Is that
to discuss the impact fee application or building permit or both? I'm
not sure if we need 'to make that distinction now. But if build -- if
the building permit issue is, in fact, a code enforcement issue, do we
want to direct it through that channel before coming to this board?
COMMISSIONER CONSTANTINE: I'm going to say both only
because they had -- prior to October 30 they had that alternative, and
Mr. Cautero made that recon~endation, so I'll say both. COMMISSION]~R HA~COCK: Okay.
CHAIRPERSON NORRIS: Okay. We have a motion and a
second then to bring this back on a regular agenda. Ail those in
favor signify by saying aye.
Opposed?
(No response)
CHAIR/4AN NORRIS: Thank you, Er. Cautero. Thank you,
Miss Lee.
MS. LEE: Thank you.
Item
~LUTION 96-515, ~ ORDINANC]~ 90-45 ALSO
OF A PUD ~ - ADOPTED AS ~ ;
~_E?pLZC. ANT TO CaME ~
CHAIRPERSON NORRIS: Next item, staff review and
recommendation relative to ordinance 90-36, the Brentwood PUD.
on your auen~ t~ls ~o~J~.i .~. ~eneral co~ents relating
atrophy ...... ~-~ ~ be revlewea ~o= ~ ......... ti _ _ .
the code. ~d so prior to having ~. Bellows ~ke his presentation,
Miss student would like to ~ke a few
m~o'to ~. Weigel, jusU ~itten it to h~, that's basically
response to ~. Grosso's opinion which I believe chris Straton
fo~arded to the co~ission. I'll just ~ke a couple general
co~ents, ~d most of this does not even affect the ~s that you're
going to be reviewing today, but I do not agree with ~. Grosso's
°D~i°n' fails to ac~owledge that ~Y action
For one th~g, it. of these P~s,
the ~d ~Y take on ~
intensity or density wll~ re~ire ~other ordin~ce,
page 12 ~ .
SEP 0 ~ 1997
,,.. lA
ATTACHMENT 3A: BRAINARD
{See Attachment 2, under BR~INARD Hstlng]
~ (Since 9/86)
Richard & Carol Brainard
P.O. Box 290625
Davie, FL 33329
· r a'
07/22/94 INITIAL INVESTIGATION
08/1 2/94SENT LETTER INCLUDING 10-DAY CONTACT REQUEST
08/26/94
10/28/94
11/14/94
12/28194
06/28/96
07/13/96
08/12/96
01/14/97
RECEIVED LETTER
SENT NOTICE OF VIOLATION
RECEIVED NOTI CE OF VIOLATION
DEADLINE TO COMPLY
SENT 2~ NOTICE OF VIOLATION
RECEIVED 2'~ NOTICE OF VIOLATION
DEADLINE TO COMPLY
INVESTIGATED
{See Attachments 9 & 10, under BRAII'IARD I~tlng}
RE~ In order for Parcel 27 to be consistent with the County's
regulations the following issues must be eorrect~l: 1) E~tablishment of legal access; 2)
Permitted use in compliance with zoning (CON-ACSC./ST); 3) Structure built in
compliance with all applicable building codes and zoning; 4) Site alteration
improvements are removed and the sites are restored back to their original natural
condition and/or off-site mitigation activities are completed; and 5) Building permit fee
of approximately $1,970.60 (four times the regular fee~ of each trade fee), $340.00
ACSC/ST permit (ce (four times the regular fees of $85.00 per 5 acres) and impact fee of
$3,530.80 are paid.
SEP 0 1997
ATTACHMENT SB: EHEMAN
DESCRIPTION (PARCEL 4~:
{See Attachme.t 2. ~mder EHEMAN II, ting]
~ (Since 7/95)
Robert IL Ehemafi
5612 Plunkett ST
Hollywood, FL 33023
(305) 981-4482
(From 7/95 to 6/96)
Roger E. & Mary Lou Graham
1190 NE 196* Terrace
North Miami, FL 33179
~9de Enforcement Case Histor~
07/22/94 INITIAL INVESTIGATION
08/12/94 SENT LETTER INCLUDING 10-DAY CONTACT REQUEST
08/24/94 RECEIVED LETTER.
08/25/94 VERBAL CONTACT
10/28/94 SENT NOTICE OF VIOLATION
11/25/94 NOTICE OF VIOLATION NOT RECEIVED
12/28/94 DEADLINE TO COMPLY ·
06/28/96 SENT NOTICE OF VIOLATION TO NEW OWNER
07/23/96 NOTIC~ OF VIOLATION NOT RECEIVED
08/12/96 DEADLINE TO COMPLY
01/14/97 INVESTIGATED
~'I$C^~ AND GROWTH MANAGMENT IMPACTS'._
{See Attachmcnt~ 9 & 10, under EHEMAIq li~tlng]
IRF~COMMENDATION: In order for this Parcel 4 to be consls~ent with the County's
regulaions the following issues must be corrected: 1) Establishment of legal access; 2)
' with zoning (CON-ACSC-~T); 3) $1rucrurc built in
Permitted usc in compliance
compliance with all applicable building cc<les and zoning; and 4) Building permit fee of
approximately $1,962.40 (four times thc regular fees of each trade fcc) and impact fcc of
$2,151.14 are paid.
ATTACHMENT 3C: GILLIS
· R .4'
{S~e ,4ttochment 3, under GILl. IS Itttfng]
~ (Since I2/85)
Donald & Bobby Gillls
2180 SW 31" Ave
Fort Lauderdale, FL 33312
(305) 581-2771
07/22/94 INITIAL INVESTIGATION
08/12/94
08/22/94
08/23/94
10/28/94
11/12/94
12/28/94
06/28/96
07/00/96
08/1 2/96
SENT LETTER INCLUDING 1 O-DAY CONTACT REQUEST
VEP. BAL CONTACT
RECEIVED LETTER
SENT NOTICE OF VIOLATION
RECEIVED NOTICE OF VIOLATION
DEADLINE TO COMPLY
SENT 2~u NOTICE OF VIOLATION
RECEIVED 2~ NOTICE OF VIOLATION
DEADLINE TO COMPLY
]FISCAL AND GROwTH MANAGMENT IMPACTS:
{See dttachment$ 9 & I0. under GILLIS li~tlng}
RECOMMENDATION: In order for Parcel 1.14 to be consistent with the County's
regulations the following issues must be corrected: 1) Establishment of legal access; 2)
Permitted use in compliance with zoning (CON-ACSC/ST); 3) Structur~ built in
compliance with all applicable building codes and zoning; and 4) Building permit fee of
approximately $2,986.00 (four times the regular fees of each trade fee) and impact fee of
$3,530.80 are paid.
SEP 0 g 1997
ATTACHMENT 3D: HASSENPLUG
{See Attachment 2, under HASSENPLUG Itsttng$ &perzonal Statement}
~ (Both Parcels Since 8/88)
David G. & Janet M. Hassenplug
P.O. Box 292762
Davie. FL 33329
07/22/94 INITIAL INVESTIGATION
08/12/94 SENT LETTER INCLUDING 10-DAY cONTACT REQUEST
08/24/94 RECEIVED LETTER
08/25/94 VERBAL CONTACT
10/24/94 SENT NOTICE OF VIOLATION
11/14/94 RECEIVED NOTICE OF VIOLATION
12/28/94 DEADLINE TO COMPLY
06/28/96 SENT 2~'* NOTICE OF VIOLATION
07/00/96 2m~ NOTICE OF VIOLATION NOT RECEIVED
08/12/96 DEADLINE TO COMPLY
01/14/97 INVESTIGATED
[.[.S__C~L AND GROWTH MANAGMENT IMPA~,i.
{See ,4ttachrnent$ 9 & I0, under H,45$EIVP£UG listings}
[IECOMMENDATIONI In order for Parcel 1.15 to be consistent with the County's
regulatiom the followLng issues must be corrected: 1) Establishment of legal access; 2)
Permitted usc in compliance with zoning (CON-ACSC/ST); 3) Structure built in
compliance with all applicable building codes and zoning; 4) Site alteration
improvements are removed and the sites arc restored back to their original natural
condition and/or off-site mitigation activities arc completed; and 5) Building permit fcc
of approximately $2,361.40 (four times the regular fees of each trade fee), $340.00
ACSCIST permit fee (four times the regular fees of $g5.00 per 5 acres) and impact fcc of
$2,151.14 are paid.
In order for Parcel 23 to be consistent with the County's regulations the following issues
must be corrected: 1) Establishment of legal access; 2) permitted use in compliance with
zoning (CON-ACSC/ST); 3) Structure built in compliance with all applicable building
codes and zoning, 4) Site alteration improvements are removed and the sites are restored
back to their original natural condition and/or off-~it, mitigation activities are completed;
and 5) Building permit fee of approximately $2,357.60 (four times the regular fees of
each trade fcc), $340.00 ACSC/ST permit fee (four times the regular fees of $85.00 per 5
acres) and impact fee of $3,530.80 are paid.
8EP021997
~lhe',
SEP 0 ~ lC~T
ATTACHMENT 3E: HENRY
pESCRIPTION (PARCELS IAI. 1,17 & 161_
[See Attachment 2, under HENRY listings, Personal Statements & Permit Information}
~ (Since 2/81,7188 & 9/92)
Charles Hem'y, Renate B. Henry and Michael A. Henry
2605 S. University #I29
Davie, FL 33328
(305) 384-7218
Code Enforcement Case History
07/22/94 INITIAL INVESTIGATION
05/12/94 SENT LETI'ER INCLUDING I O-DAY CONTACT REQUEST
08/19/94 RECEIVED LETTER
08/22/94 VERBAL CONTACT
10/28/94 SENT NOTICE OF VIOLATION
1 I/19/94 RECEIVED NOTICE OF VIOLATION
12/25/94 DEADLINE TO COMPLY
06/28/96 SENT 2~ NOTICE OF VIOLATION
07/05/96 RECEIVED 2~ NOTICE OF VIOLATION
08/1~96 DEADLINE TO COMPLY
01/14/97 INVESTIGATED
FISCAL AND GROWTH MANAGF8ENT IMPACTS:
{See Attachments 9 & I0, under HENRY listings]
RI~COMMENDATION: In order for Parcel 1.1 to be consistent with the Couaty's
regulations the following issues must be corrected: 1) Establishment of Iegal access; 2)
Permitted use in compliance with zoning (CON-ACSCffST); 3) Structure built in
compliance with all applicable building codes and zoning; 4) Site alteration
improvements are removed and the sites ar~ restored back to their original natural
condition and/or off-site mitigation activities are completed; and 5) Building permit fee
of approximately $2,521.40 (four times the regular fees of each trade fee), $340.00
ACSC/ST permit fee (four times the regular fees of $$5.00 per 5 acr~) and impact fee of
$2,151.14 am paid.
In order for Parcel 1.I to be consistent with the County's regulations the following issues
must be corrected: I) Establishment of legal access; 2) Permitt~ use in compliance with
zoning (CON-ACSCffST); 3) Structure b~It in compliance with all applicable building
codes and zoning; and 4) Building permit fee of approxlmately $2,085.00 (four times the
regular fees of eac. h trade fee) and impact fee of $3,530.80 are paid.
SEP 0 2 1997
In order for Parcel 16 to bc consistent with the County's regulations the following issues
must bc corrected: 1) E.stabllshrncnt of legal access; 2) Permitted usc in compliance with
zoning (CON-ACSC./ST); 3) Structure built in compliance with all applicable building
codes and zoning; 4) Site alteration improvements arc removed and the sites arc restored
back to their original natural condition and/or off-site mitigation activities are completed;
and 5) Building po-mit f~ of'approximately $1,110.00 (four times the regtllar i'c~S Of
each trade fee, $560.00 ACSC/ST permit tees (tour times the regular fe~s of $$5.00 per 5
acres + $9.00 per acr~ over 5 acres) and impact fee ot'$3,530.00 ar~ paid.
SEP 0 2 1997
'1. ID ~ 003 748 0000 4; 150S Deer Run Bd.; 16 49 34, S} of NW¼ of SW¼
~ ~~ ~ ~ , 109, 117, 125.
*2. ~ ~ ~3 745 6000 1~ 1499 ~ ~ ~ 16 49 34, ~ of ~ of ~
of ~} (5 ~); ~1 ~ 1.11~ ~ ~ ~1 ~ 101.
3. ~ ~ 003 754 4000 7; 1591 ~ ~; 16 49 34, ~} o~ ~} of ~}
(]0 ~}; ~1 ~ 16; ~ ~ ~ ~ 1~9 & 127.
4. ~ ~ ~3 745 2~0 9~ 1507 ~ ~ ~; ~6 49 34, ~} ~ ~} of
~ (~0 ~)~ ~1 * ~,~0~ ~ ~ ~ ~ 116 i ~24.
Wh~n our ~ployer of 24 years, ~he Miami Herald Publishing Company, offered
us (Charles R. Henry ar~ Renata B. Henry) a k~t optic~ at the end of 1979,
w~ resigned our middle-m~nagement positions for a chance to lead a less
ccr~plicated and less stressful life in a remote area of the Big Cypress in
eastern Oollier County. We had given Mr. Boy Loooey a dcwnpayment for 15
acr~ (identified above as Property ~1 ) in March of 1979.
After selling ~e house we had built ourselves in 1972 in the horse-country
west of Davie, w~ moved with our t~o sons, Pen and Michael, the ~re day,
5/21/80, to our new hc~e, a trailer on our prop-~ in (bllier (k~nty. A
week before, on 5/14/80, one of our new neighbors, Mr. Joe Brown, had offered
to go to the Building Department in Im~kalee, where he said he had an
ac~intance, and obtained a building permit for a trailer
encompassing plumbing, electrical and sept/c. After cc~letion of these
s~ages, ~ called for. an inspection ar~ spoke with Mr. Tillis of the Oollier
County Building D~partment in Im~kale~. When he found out where we were
located and that he needed four-wheel drive to get to us, he said that he
w~ld not h/resell come to inspect us ar~ that he had no c~e el~e to ~_nd.
We told him that we planned to build a house and asked him what we ~hould
do. He said that we should build "acc~ to code" and that we did not
need a permit in our ar~a because it was too r~.
~nis %~as D6Yc only our experience, but also that of our neighbors, many of
the engineer from GI~- Electric, Mr. Lawrence Ford, was .given permission
by the Collier County Building D~~ to mak~ a cursory inspection of
the power pole and septic tank in lieu of a C.O. Since this was perceived
to be custc~ practice in this part of the county, we did not question
or contest it. Just like we did not question or contest the decision by the
SEP 0 g 1997
Collier County Schools not to send a ~hoolbas for cur children. The Y~ndry
C~unty schcol ~ystem in Clewiston agreed to let the children of this area
attend their schools, where they go to this day.
U~n cc~pletion of our hc~e in July 1981, we built a garage and carport and
in 1984 a barn for cur animals. ~hat same year ~e also mc~ed our trailer
to the above descr~ Pr~ ~2 (purchased frcm Mr. Looney cn 1/26/81).
irmtallatio~ of a septic sy~cem and well and initial connection to the
electric ~.rvice of our house.
Oa 3/7/84 two Collier County tax assessor~, Messrs. Jack Rea~{ng and Jeff
experience zegazding ~_rmits and they ~id that the assessment would serve
to grandfather us in. Later that year, c~ 10/29/84, we cbta~ a Collier
County occupational permit for our tree farm, which we have renewed every
year since. ~hat this property had been declared an area of special treatment
was never mentioned by the per~0n issuing us the permit, even though ~he
researched the property records.
Over the years we have not received any services frcm Collier County, such
as, for instance, assistance with maintainir~ cur r~3_~rI~. In ~Feh~y 1991
we ~etitioned then-Omnissioner, Mrs. Anne Coodnight, to have our roads gra_~_
by the county. ~ne sent scmeor~ out here to assess the situation, but her
reccmmenclation, that we had to bring the road up to grade if the county ~ere
to take it over, was not feasible because of the initial cost to each resident
In summation: ~e have made a sincere effort to be in cumpltance with Collier
County ordinances and we are now working with an agent, Ms. Debi Kay Lee,
to obtain sll necessary ~fter-the-fact permits. We feel, however, that we
should not have to pay impact fees because wm do not receive any services
f~ the oounty. And because ~ were unable to oberon permits at the time
we sought them, the p~_rmit fees we will be charged now s/~aJld be assessed
at the ~rly 1980s rates.
, 1995
Charles R. Henry
encls.
SEP 0 2 1997'
,,,.
EE: k~.:~ii~0~4H.4000..:.7}, f.1591' Panther' l~oad;: 16' 49. 34 SW} of 'SE} of 'SE} '
'- '(10 acres); Parcel'N:16;"~r~'Y' PrOperty' Parcel # ~19 &'1272
Ms. Judy Richardson b-~ught the above described property in,~/ust 1982' from
l.~r. Roy Looney. ~he single-handedly built a two-story house with stained-
glass window~. Because of illness, she had to relinquish the property and
took the major portion of the house down in ,A~ 1985. That same m~nth,
Mr. Dan Pope bought the property and totaled there with two trailers. He lived
in a cabin he oonstructed out of r~mnants of Ms. Richardson's house. When
he decided to move back to Ft. Lauderdale in ;~srd~.r 1992; w~ bought the
propo_rty, and after extensive clean-up and renovation of the cabin, our son
Ron moved there. %fn~n the septic system ~s found to be in violation of public
health c~des, ~e obtained a septic system permit N }3C 95-7 on 8/11/95. A
new septic system was subsequently installed and is scheduled for final
inspection in July of this year.
June 26, 1996
Ranate Barbara Henry
AG~_N DA~TE~ ~
SEP 0 ~
,a;-, '" '"~ XPI'LICATION FOR BUILDING FERM, IT
COLLIll CO~KTY. FtC)IlO&
I'LLU41~G ~ L,~ Sratc RcL. C.C. ~~
A~ CON'D/~,~GC~ Sme Rq, CC. ~
,Nlinlmum Lof Area
~ Y.ds ~ ~c~ ' ' . Minimum Roar Y-J Scl B~c~ ~
~ini S~-- ~ ~.1~l~m S~c Yord ~t I~ck
Lhg~ __~~ SCl.
l~rch . ~ Sq. Fed
Sq. Fcct
_ Sq.
NOTE~
An)' wink ,,,;thin Puldic Riehl.or-%Y/aY must comply wi~h
Rilht~.~3/ ~sir~Ji~ S¢Jnd~rd .afld~, la
cdit~
any other use whh~ I new ~rmtt from Ibc ~fll Dircflor. F. wi~ ~ quJdrupl~
er ~cuoicd unl~ in a~ovcd ~niRcite of Oc~pa~y Is Issued.
Ovncr
AlCfll
cC:e,'T~CTOR ~
ABC2~TECT , State Ret.
~ ~/M~ S~ate Rcl.
IUILDING p£tMIT
DATE AS
L6 L-------' ' DATE
CC. ---------
CC. _____----
_CC. ~.-----
, CC. ~----
~ Slate Rcs.
LOT~ BLOCK _______UNFT------- SUBDIVISIO~I ~
Minimum Lot A;c~ ~ ~~
~tinimum Rear Yard ~ lack
Minimum Side Yard Sfl lack
~m~al S~cr
C~trzl ~at~ N]~ -
~ptlC Tank
l)rainficld
~p~tC Tmn~ No.
plumbinl Stub ~
;11' al,ore F. ~. ~-14-qo
~ as p~ldcd by thc ~flkr ~unty luddlnl ~(.
· -. ~,. ..... . :r. ~ luild~l 0~I
~ ~ ~ ~ ~ ch~nl~ to any oqhcr ucc wflh~ m new ~m~
~AI~RE TO C~MPLY ~ITIt TIlE
LIEN LAW CAN RE- ~'
IN ~IE PROPERTY OWNER
PAYING T~ICE FOR BUILDING
SEP 0 g
1'6-49-34
Immoka lee, Fla.
Couhty, I?~n'okalee, Fla.
..... Mobile Home · ~..
.°:
.5-1 -8.0
Owner
MAST(~ E/~S~CT~N CASl) 'q '
Vile·
NOTE:
PURPOSE: ~ -------
3 · LOCATION:
4. DATE(S) OF OPERATION: '~~
APPLICANT'S NAME: (pRoPERT~ OWNER):~
APPLICA/~T ' S ADDRESS:
· . La rc~ c~ pHONE :_ ------
AGENT,S N~M2: & ADDRESS:~
ZONING DESIGN.ATION OF THE
PRESENT USE OF THE SITE:
SEP 0 ~, 1997'
SEP 2 1997
ATTACHMEI~I' SF:
HIG GII~BOTHAM
DESCRIPTION (PARCEL 9):
{See Attachment 2, under HIGGIh'BOTHJM llztlng}
~ (Since 8/92)
Kathleen L. Higginbotham, Trustee
2340 NW 23'~ ST
Miami, FL 33142
(305) 635-044S
~90e Enforcem~t C~3e Hi~to~
07/22/94 INITIAL INVESTIGATION
08/12/94 SENT LETTER INCLUDING 1 O-DAY CONTACT REQUEST
08/19/94
08/22/94
I0/28/94
11/12/94
12/28/94
07/01/96
07/05/96
08/14/96
01/14/97
03/17/97
RECEIVED LETTER
VERBAL CONTACT
SENT NOTICE OF VIOLATION
RECEIVED NOTICE OF VIOLATION
DEADLINE TO COMPLY
SENT 2~ NOTICE OF VIOLATION
RECEIVED 2~ NGTICE OF VIOLATION & VERBAL CONTACT
DEADLINE TO COMPLY
INX. tESTIGATED
VERBAL CONTACT
~][$CAL AND GROWTH MANAGMENT IMPACTS:
{See Attachment$ 9 & I0, under HIGGINBOTHAM lltting] ~ .. ~..
RECOMMEND~,TION: In order roI t(; b~ consistent with the County's
regulations the following issues mu~t b~ corrected: 1) E.q, ablishment oflegal access; 2)
Permitted use in compliance with zoning (CON-ACSC/ST); 3) Structure built in
compliance with all applicable building codes and zoning; and 4) Building permit fee of
approximately $2,434.80 (four times the regular fees of each trade fee) and impact fee of
$3,530.80 are pal&
SEP 0 2 1997
ATTACHMENT 3G: HUMPHREY
{See Attachment 2, under HUMPHREY ltsdng & perrnlt Information]
~ (Since 5/85)
Gerald B. Humphrey, Et. Al.
7550 NW 1' CT
Pembroke Pines, FL 33024
(305) 987-3365
(305) 754-9573
e i
07/22/94 INITIAL INVESTIGATION
0g/12/94 SENT LETTER INCLUDING 1 O-DAY CONTACT REQUEST
08/19/94 RECEIVED LETTER
08/24/94 VERBAL CONTACT
10/28/94 SENT NOTICE OF VIOLATION
1 I/10/94 RECEIVED NOTICE OF VIOLATiON
12/28/94 DEADLINE TO COMPLY
06/28/96 SENT 2~' NOTICE OF VIOLATION
07/0U96 RECEIVED 2~ NOTICE OF VIOLATION
08/12/96 DEADLINE TO COMPLY
~tSCAL AND GROWTH MANAGMENT IMPACTS:
{See Attachrnentx 9 & 10, under HUMPHREY IlsttnlO
~ECOMMENDATION~ In order for Parcel 1.3 to be consistent with the County's
regulations the following issues must be corrected: I) Establishment of legal access; 2)
Permitted use in compliance with zoning (CON-ACSC/ST); 3) Structure built in
compliance with all applicable building codes and zoning; and 4) Building permit fee of
approximately $2,798.20 (four times the regular fees of each trade fe~) and impact fee of
$3,530.80 are paid.
SEP 0 2 1997
~,~,~,,,, APPLICATION FOR IUILDIHG PI'RMIT
* M~ER ~ ~ ~/~ ~ DATE I~UED~ ~
ARCHITECT. A~L~ss.
ELECTRICAL ~ Slue Reg. ,CC.
PLLIMIIN¢ ~ I'" Slier Rtl.. CC.
~ ~/ME~ Slate Reg. .CC.
R~G ~ Slate Rtl. CC
S"~L~MII~G POOL_ _Slate Rel~, CC.
LOT __ILOCK __..__,.,___U,~/IT~ SUIDIVISIO~ ~
OR h'~'-ETES AND 'O NOS - ' ' ' ' ~
permit IO lu~-4-Aher. RePakdL' .~ /~
S~ze I¥"' · ~ Hellhl. /~) NO. of S(orlc~
A cop), of t]~¢ ap~ovecl peons and spcclRculofls shall bt ~,¢pt al the bulldlnl site durlnl conu~cllofl.
~?.~..~g_~._ ,ullcllm, or Strucsure ~
Zoning ~
Rc~ YId Set IJc~ ~ l,[~lmum Front Yard Sit Iic~ ~'
~r S~ce Sq. Ftct Ccmral ~v. K~ ~
U~li~ _~~ Sq. F.I ~ral ~at~ N~me ~Y~
~ Sq. Fccl Toll Permll No.. "~'
A.C M~h ~ Tone Septic T~n~ No. ~
Toul Sq. F.I / ~umblnI Slu~ ~c~lo~ Rnh~ R~ Irade,
SanllJ~lan ~
~1 P~
S~. P~I Pe~tt $
~ Tank S ~ ~y O~ncc N~. ~.~9 i~ ~]~cr ~ly ru~m
Rllhtl.of. Wiy ~.KllOn Sllndaed Hin~k, lalcsl
D~v~iy Pc~tt ~ ~ edition.
~ ~ 3pplkatlen has ~cn cxamlntd ~ h h.c~ ippr~cd luSJccl Io I~e ~mcnl e( S ~
.--.mae provided by Ihe Celllu Cou~X lulldlnl ~xlc.
~, ,~ lulldlnI
p('tmh e~[j~res ii ,,,,or~ ts not stoned wilhtn 6 monlhs from gale of Istue. Permit veld If
use must riel chanl¢ to any oiher use ,,,ellhou! a fle',,~ I:Krmll from the Zordnl Ob'color. Fee ,~ill be quadrupled
s.ueture h f unlJl an approved C~fllRcatc of ~n~ It
Date
R~'d
~d~
~nln~or
SEP 0
~ .... ,,, IUILDIHG PERMIT
COLLI! I COU~TT, FtOIll~
. DATE AP~IEO__ ,--_t.t~._.
pER~I~T NUMBER .... B0 ~1 ~ DATE ISSUED__.~~
HAME of OWNER ~~~, PHONE
~! ADDRESS ~~L. ~~
LOT--~~ BLOCK ~UNIT .... SUBDIVISION 1~; .
ARCHITECT Adder. ....
E~--CTP. ICAL ~ -~ Slue Rel. __ C.C..
AIR COND/MECH . State R¢I- __C.C.,
ROOFING SlUt Rtl, __ C.C..
_CC..
OR METES AND BOUNDS
~ Permit to Build. Ahcr. Rcl~ir-Move -- ' t '," -.
Fron~ Yard S~1 B.ac~ ~~
R.r YaM Set O~ck.
Side Yards Scl ~ck~ .--~
ParLin~ Sp~ccs ....
~r Sp.c~ . Sq. Feet
UGlhy Sq. Feet
~n Sq.
~hcr Sq.
A.C M~h ...........
T~I .. ~.
pa' Ord. $
Build~nI Pctm;t $ ' '
~ectrkal Permit $ ~
pl~nI Permit S " ~
A.C./~tcch. P~mk S
R~RnI Pc~i[ ~
Svim. P~I Pcrmh S
~v~Jy Ptrmh $
T~II Pt~it S (" "
ZonlnI
Minimum t~l Mca
Mlnlm.m F.m~ Yard
Minimum Rear Yud ~ Back ..~-
~llnlm~ Side Yard
Central S~ct NI~ ,
~cll Permit ~o
~lc T~nk ~ C3fl~s
D~alnRdd
~umblnI Slub ..
T-~.._~,~.~;,.0 .y..,~...,.,,_
RiKhte.of.%¥/ay C,~n~tructlon Standard Handbook,
edlllen.
~ ~ aS provided by Iht ~r ~nly I~nI ~e.
~LU~ TO CO~PLY ~qT~
~R~I~' LIEN LA~ C:~ RE-
SeT ~ ~ PROPERTY O~VNER
PAYING T~ICE ~OR BUILDING
RO~MEN~."
16 - 49 - 34
Immokalee, Fla.
Cognty, Immok~lee, Fla.
'" Mobile HOme
$
Co 11 ier' $0.4+e
Owner
Owner
Owner
, vRE'
ATTACHMENT 3H: LOONEY
{See.,tttachment 2, under LOONEY II~flng]
~ (Since 5/85)
Roy J. Looney
416 Lakevlew Drive, Unit 205
Ft. Lauderdale, FL 33326
(305) 384-1064
~9d.e Enforcemtm~ Case H{storv
07/01/96 INITIAL INVESTIGATION
07/01/96 SENT NOTICE OF VIOLATION
07/06/96 RECEIVED NOTICE OF VIOLATION
08/14/96 DEADLINE TO COMPLY
FISCAL AND GROWTH MANAGMENT IMPACTS:
{See Attachment~ 9 & I0, under LOONEY i~tlng}
P~CQMMENDATION: In order for Parcel 29.1 to be consistent with the County's
regulations the following issues must be corrected: 1) Establishment of legal access; 2)
Permitted use in compliance with zoning (CON-ACSC/ST }; 3) Structure built in
compliance with all applicable building codes and zordng; and 4) Building permit fee of
approximately $1,671.40 (four times the regular fees of each trade fee) and impact fee of
$3,530.80 are paid. ~
ATTACHMNET 3I: MC COLLOCH
DE N R L & '
{See ,4 ttachment 2, under MC COLLOCH listings, Personal Statement & Permit Information}
~ (Since 4/82 & 4/83)
Leonard A. Ali~ofi McColloch
Star Route 42-AA
Clewiston, FL 33440
r t '
07/22/94 INITIAL INVESTIOATION
08/12/94 SENT LETTER INCLUDING 10-DAY CONTACT REQUEST
08/19/94
08/25/94
10/28/94
11/10/94
12/28/94
07/01/96
07/09/96
08/14/96
RECEIVED LETI'ER
APPLICATION REQUEST
SENT NOTICE OF VIOLATION
RECEIVED NOTICE OF VIOLATION
DEADLINE TO COMPLY
SENT 2~ NOTICE OF VIOLATION
RECEIVED 2~ NOTICE OF VIOLATION
DEADLINE TO COMPLY
FISCAL AND GROWTH MANAGMENT IMPACTS:
{See ,4ttachments 9 & I0. under MC CULLOCH Itstlngs]
_RECOMMEND~,TION~ In order for Parcel 15 to be co~Ment with the County's
regulations the following issues must be conected: 1) Establishment of legal access; 2)
Permitted use in compliance with zoning (CON-ACSC/ST); 3) Structure built in
compliance with all applicable building code~ and zoning; and 4) Building permit fee of
approximately $1.085.80 (four times the regular fees of cach trade fee) and impact fee of
$3,530.80 are paid.
In order for Parcel 19 to be consistent with the County's regulations the following issues
must be corrected: 1) Establishment of legal access; 2) Permitted u.~ in compliance with
zoning (CON-ACSC/ST); 3) Structure built in compliance with all applicable building
codes and zoning; and 4) Building permit fee of approximately $3,320.40 (four times the
regular fees of each trade fe~) and impact f~ of $3,530.80 are paid.
Our History In Big Cypress
by Leonard and Alison McCulloch
June 19, 1974: We moved to Big Cypress when our first daughter,
Esther, was exactly one month old. We had an agreement with Mr.
R.J. Looney to cut cypress from his property for his own use in
exchange for rent. We owned a sawmill which was moved to this
site.
Later in 1974 we registered in Naples as Little Bear Boat and Lumber
Co. Our intention was to build boats with cypress cut in the area.
However, the sawmill developed numerous mechanical problems,
and Leonard found employment building fences for cattlemen and
working at other sawmills.
January, 1977: Glades Electric Coop installed electric on our
property. We paid Joe Brown, a landholder in the area, the fee for
the electric permit which he purchased t'or us from the Immokalee
Building Department.
1979: We signed a Contract tor Deed with Mr. Looney for 10 acres
of land (Parcel #003755 6000-0.) This acreage did not include all
the land we had been renting, but it did include our main home site
and our sawmill site. At this time our home was a small cypress
cabin, typical of the structures in the area used for hunting and cattle
ranching.
1980: Our sawmill, having been totally rebuilt by Leonard, at last
began functioning with some success. Having purchased the 10
acres, and having our own milled lumber available, we were eager
to upgrade our housing situation. Leonard went with our neighbor,
Tom Teufel, to the Immokalee Building Department to purchase
permits for building plans and a septic tank. The inspector told them
that we did not need permits because inspectors would not come to
our area. We had the desire to operate legally. We researched
the zoning and building codes applicable to our area, and we had
our property surveyed so a.s to locate the boundary comers. We
began building our home, including a septic system in compliance
with building codes and ordinances to the best of our ability.
though we continued to feel concerned that we had not been al-
lowed to purchase permits, through the years our neighbors report-
ed similar experiences with the Building Department, and we never
again attempted to get permits.
1 80: Nei hbors went to Naples to request a school bus co .....
ogur childr;~. This request was refused with the explanati°n tat w~' ~)
page 2
qualified to sign a paper exempting our children from school
because we lived in an inaccessable area. We chose to school
our two daughters at home until they attended Clewiston schools
in the seventh grade. (involving four hours of travel daily) Alison
is a Florida-certified elementary school teacher.
1982-1983 These were our successful years in the sawmill business.
We purchased timber rights from Collier Corp., Collier Enterprises,
and the Seminole Tribe of Florida. We logged and milled our own
lumber to complete our home.
We purchased two adjacent 5 acre tracts, portions of which we had
been usin.q since 1974 for outbuildings,storage and a garden. Our
long-term goal was to give these two parcels to our two daughters.
During this period our Contract for Deed for our original 10 acres was
converted to a Mortgage Deed.
History of The Pines (Parcel # 0037540000-5): We designated this
5 acre tract as The Pines, obviously, because of the presence of
many large pine trees. Our first structure here (1974) was a small
building used for sleeping quarters for family or workers. Later we
added a well, electric, a septic system, and a succession of mobile
homes, a storage shed, and a chickee (never finished.) in 1991 we
began the renovation of the original sleeping quarters into a small
guest house, eliminating the need for a mobile home.
1984: The Collier County Tax Accessor measured our house for
property taxes. We filed for Homestead Exemption.
1986 to Present: Our sawmill became increasingly difficult to operate
because of unavailability o',' timber rights, In 1992 the entire sawmill
and woodworking shop wer,~ destroyed by fire. We were uninsured
and all our business resoucec, were lost. We found employment with
the Seminole Tribe where plesently Leonard is Operations Manager
for The Billie Swamp Safari and Alison is a fourth-grade teacher for
Ahfachkee Elementary School.
In 1994 a 60-foot tower was constructed for telephone installation.
In the spring of 1994 we began a septic tank repair as we were aware
our original system was breaking down. We purchased and installed
a new 1,000 gallon concrete septic tank, and were in the process of
upgrading the drainfield when unusually high water made it impos-
sible to bring in truckloads o! sand to complete the work. W~en we
received a Septic Tank Violation from the County in December,1994,
SEP 0 2 1997
page 3
we immediately responded to remedy the situation. We had a
certified site evaluation done, and had plans drawn for an approved
septic system. However, the repair permit has not been
issued due to legal inquiries.
We are environmentally conscious people who desire to maintain
a homestead which is in everyway legally approved and respectful
of the fragile ecosystem in which we live. We hope to fulfill all legal
and environmental considerations, and we would appreciate help
in expediting this situation.
11111 UI¢)c ·
'~ n rnrll'"ss. 'troplc:l
'".~ ~,wemp. Torrential
, .L. rtlns.. Treacher.out
'ash tarot.. D'~edly snaaes.
..IL voracious moaqUl- '
~. And ellllalOn,
T~Is It the Florida rver.
~ b~hveen posh Peim'
· ~lP'on the. ~tiantlc see-
asa end F~. Meyers on the
,U of Mexico.
Out R's lhansrl'LJ to
· · owlnl number al pioneer-
'i I,mlllet who have
uken lh~ shackles of the
ban n~ rote tar life In Ihs
~ed~ind o[ten danler-
:l~uldoorl, ·
"We may hal have
<uries oCclly lite." s~v~
tractive Allison
ch with ¢ until "but
~'ve found happiness and
· ac~. Irtedam I~m [e~r~
;dm reall~tlon ~l n~lur.
lis prlmil]ve slate Is very,
· n' bflulliul. SurL
c'sna~es and mosquitoes
,d olllialors. ~ul we
e~ ti here."
A {oreo school Iflcher,
i.year.old Allison ~nd
,sb~nd ~on~d. 38. have
~n pe~nonl resldenls o{
"it's. pine. to build
al tw~ you~
V. wars ~ust tic~ o~ thy
'~. wh.r~ you can'~ lo .nv.
~rderem. That's no
~ment ~or brln~ln~
~d;,n. '
~e "Rc,I" Americ~
"We w,n(ed to get out--
lt. one al the last frontiers.
'e feel II~e we're pioneers.
ild~rness. And that's
:nd of ~p~rll iht~ made
maria ireat."
The McCullochs own
r~s of cypress and plna
~ ~ nB Um marshy la,rain
td operate I sawmill.
"ti hasn't been usy~'
~on con[etseL "Money
· as ve~ lo~v at first.
,wail[ equipment kept
- rflkln~ dawn and ~anard
ad la t~ke whatever work
~uld ltnd~dd Job~ end
· ~rklnl with park t~nlen-
ut we made II--nd we've
~.r had one r~oL"
The M~uHoch.
v~ in an old teller, but
~nard la bulldln~ a
om, with [u~b~ he leah-
,ns ,t th, mill. · .
"It's 8olaf tn ~ b,sutlful
kan we lei It finished."
' ,lldin~ it f~m s~at~'and
leal way 1o
:~i m bo ~euO-
Fm now. thou[h, th, one-
mo leacher uses ?he shell
; the unfinished home as
t open'.a[r schoolho, u~e.for
The llewPione r
The fronl:i r spirit of The/../tile House' on the'. E,,h., .eCu,loch. ?. ,.
Pr.lrie lives or/--in the Ever ades. ,,,,h. ,. h.v,
her diuthters. Esther {7)
end Sarah (Il. ether chil-
dren who live In the Isolated
swamp area attend school In
Clewislon. r"'lL--.4 110.mile
~round trip every day.,:,.. .......
"l'm quid. sir'lc! end insist
that we bold school from
g a.m. to 3 p.m. every day.'
Allison a&ys. "And the kids
seem ~o enjoy It. They're do-
InA very well~iaarnln$ e
lot.
"gut the freedom ofllv[nl
In Ihe caunlry ha~ taught
thom much, much more
Ihen books can. They're
lasrnlog I lot about the real.
ly I~ ~oriznt vtlue~ In ll.~e.''
9. hlle life In the 'Glades
riFnlllve by mldtown Min-
,,:tan sla6d,,rds, thru fem.
files that ~11 the swtmp
home do have elocttlcity'--
· ,nd soma even h&ve indoor
plumbing. ·
But ~.bere ere no
shones and drlnkln&water
obttlned fram a well. At
for shopping. Ihenlrl'La'a
homeme~rs ere fcrcsd to
make a four-hour rauffd'triR
d~ive lo the small town
Immokalee to truck up on
provisions.
~And you'd borer b~
yOU g.t iYlryOllnl on mil
one wee~F trip." Jays 32-
yeaa-eld ¥ollnda Seals.
who. with her husband
se and Ihr~,e children. Is
McCullachs' closest neIsh-
bot. "The~e ara no. ~ruj-
stores ae auper~.e,.tkats In
yolsnde quickly .qrees
that life In the 'Glades
easy. But It's definitely bet-
let Ior the kids. We
: this desolate area ts a ltl:
'reminder that the ·Glad*
· ire still I fr~ntler--4 rifle t
~' i carbine or a shotgun.
'he children. IhougJ
,~a. fear. . ....
's abaXial'lily wonde
fei here.'* bubbles bril, h
,y-d Esther McCulloch. '
J~ow ,verythln! about ih
twamp--all Iha secr,
.p. lacas, f can run around
iltyend never let bored."
~lami businessman
· Looney, who has e weaken
corelli In the Ifil, shin
the yflr.round resident.'
"int~uslasm. ·
· "Despite the
afla~.,s and till;atolL thio
one of th. sar.st plec~s
'can ba as ion[ Il ~ Ute
little common aense.' It.
seyt. "It's c,rtstnly
a iai adar than t lot at
k~ow w~.t. ~h~/.t~-~_ nd.to ~ to. Imprm .n .~E~l.p_r ~n MlamL .
who's with th.m Tl~er. .try to z,~p up wt?.u~,. S lendld l~oleUon
eren I nearly u many .c~.n~ ! i'~C;..,k ,~,, ~td~.,*, nt ' One thine is c~taln.-
J. - · ..... ,.r...4t~ over I IOUlI~ ~lil O[ /~ tO pt tg..vl31tA,~a
' and ~l~l In ~ I ~ t~ a~ ~lhil 1 . ~d Ihat twlats i[~n[
~,fl ~ Im ~, ~e 'It I l I~ 11~ UIUe H~us.. m~ to ldenOly
~ off ~e ~lH,. I ~t. '~ I~mm~tty. Y~.u. simps
eraser, naa nor pi~r-.
husbandO · ~' · .....
la[ad, bul never lonely, he~p~wi?_~_~.~ .~~
ca~'~'~ ~hat ~ went-- "~onsnd~ hev. aflshf~?. ~tF.U.~
when we ~nt lo do ~t.. she But hi I I
~n~nuoL"We dent ~vo d~flvty of ~ ham* tn ~
' I - "'
("O ~'T RACTOR ~.I.£CTRICAL CONTRACTOR
ADT)RLSS __ Iql().~: __ Al)DRESS PIIONE
AR¢I UTI.CT PLLnaBING CONTRACTOR o
ADDK£SS ADDRESS __ __ HtONE
ADDRESS fllONE
e)
I:f,,snl YJtd ,~l t4~;~. --
~.c:lt ¥3rd S~I
%,Je 'l'3fd~ Set BJCk
¢*¢/'~lral Se~cr .~3m( ,
('~rntfal ~'jl¢l ~JW
Perm. ~u .....
IXJ,n~IJ ~ Fcct
~p~ TJnk Nu
SJit*lJftJn
Pg.
Afl"LICATION FOR IUILD~IG I~RJdlT
A C. ~ ~¢ch~(ml C~lr~cm
rLU~ M~G CO~TI~L'TOI
ADO~ILt~
ADDRLT~
LOT ~ ILOCIC __ UNIT · sL~DIVISION
ORMI:TrtANDIOUND~ _ ":ltl' la . w~,,-. °~'4 ?,
pi. mad la ~ld. Ahcr. G:7,~n"/~lo~'c'lnsli~ ~ ' '* ' 't "ir
F,en! Yo,d Sit
FIo~ S~ce Sq
~ch ,. Sq
,~q
:l.'f,~ -'. ~.,r~': ~,,~. i~! ;'~ lu~linI
AIIII
INSPECTION RECORD CARD
CONTrACTOr: .............. ~ ........................
~OTE:
CO~SI£R COr. II~
T£~om~U~ Osz ~ZRMZT ~o~~ ~Eerlc 5¥sT~m
THIS ~PLIC~TIONWILL NOT BE REVIEWED WITHOUT ]%N
~PROPRI~TE SITE PL~.N
1 · pURPOSE: '7'0
3. LOCATION:~
4. DATE(S) OF OPERATION:_
APPLICANT'S ADDRESS:
pHONE:
AGENT'S NAME & ADDRESS:__ ~'"
ZONING DESIGNATION OF THE SITE:_ O_Dh.i-
PRESENT USE OF THE SITE:_
hcsC~
SEP 0 2 1997
Pi. L~
.I :
,!
ATTACHMENT 3J: PENSKI
{See Attochment 2. under PENSKI li~tlng]
~ (Since 12780
James pcnski
17240 SW 66' ST
Ft. Lauderdal¢, FL 33331
(305) 434-8566
~ode ~r)f0rcerr)~nt Case Hb'lorx
07/22/94 INITIAL INVESTIGATION
08/I 2794 SENT LETTER INCLUDING 10-DAY CONTACT REQUEST
09/03/94 RETURNED LETTER
07/01/96 SENT NOTICE OF VIOLATION
07/11/96 RECEIVED NOTICE OF VIOLATION
08/14/96 DEADLINE TO COMPLY
~'ISCAL AND GROWTH MANAGMENT IMPACTS:
{See Attachments 9 & 10. under pENSKI lt~tlng}
CB.F,,_C__Q~F~_NDATION~ In order for Parcel 1.12 to bc consistent with the County's
regulations thc following issues must bc corrected: 1) Establishment of legal access; 2)
Permitted use in compliance with zoning (CON-ACSC/ST); 3) Structure built in
compliance with all applicable building codes and zoning, 4) Site alteration
improvements are removed and the sites are restored back to their original ratural
condition and/or off-site mitigation activities ar~ complct~; and 5) BuHdlng permit fee
of approximately $I ,243.00 (four times the regular fccs of each trM¢ fee), $340.00
ACSC/ST p~rmit fees (four times the regular fccs of $85.00) and iml:~act fcc of $2,151,14
arc paid.
SEP 0 2 1997
',/'7
ATTACHMENT 3K: ROSSI
D C R E . & .4.
{See Attachment 2, under ROSSI listings, Personal Statement & Permit Information}
~ (Since 2/80, 5/83 & 1/86)
Robert L. & Glenda Gall Rossi
14650 SW 1Ta CT
Davie, FL 33325
(~ode Enforcernent Cas~ History
07/22/94 INITIAL INVESTIGATION
08/12/94 SENT EETTER INCLUDING 10-DAY CONTACT REQUEST
08/22/94
08/25/94
10/28/94
11/12/94
12/28/94
05/13/96
07/01/96
07/11/96
08/14/96
01/14/97
RECEIVED LETTER
VERBAL CONTACT
SENT NOTICE OF VIOLATION
RECEIVED NOTICE OF VIOLATION
DEADLINE TO COMPLY
VERBAL CONTACT ON-SITE
SENT 2~ NOTICE OF VIOLATION
RECEIVED 2~ NOTICE OF VIOLATION
DEADLINE TO COMPLY
INVESTIGATED
FISCAL AND GROWTIt MANAGMENT IMPACTS:
{See Attachments 9 & !0, under ROSSI listings]
RECOMMENDATION: In order for Parcel 1.6 to be consistent with the County's
regulations the following issues must be conected: 1) Establishment of legal access; 2)
Permitted use in compliance with zoning (CON-ACSCIST); 3) Structure built in
compliance with all applicable building codes and zoaing; 4) Site alteration
improvements are' removed and the sites are restored back to their original natural
condition and/or off-site mitigation activities are completed; and 5) Building permit fee
of approximately $3,814.80 (four times the regular fees of each txade fee), $340.00
ACSC/ST permit fee (four times the regular fees of $85.00) and impact fee of $3,530.80
are paid.
In order for Parcel 21 to be consistent with the County's regulations the following issues
must be corrected: 1) Establishment of legal access; 2) Permitted use in compliance with
zoning (CON-ACSC/ST); 3) Structure built in compliance with ~.11 applicable building
codes and zoning; and 4) Building permit fee of approximately $1,243.00 (four times the
regular fees of each trade f~) and impact fee of $2,151.14 are paid.
SEP 0 2, 1997
In order for Parcel 1.4 to bc consistent with thc County's regulations the following issues
must be corrected: 1) Establishment of legal access; 2) Permitted use in compliance with
zoning (CON-ACSC/ST); 3) Structure built in compliance with all ~pplicabl¢ building
codes and zoning; and 4) Building permit fee of apwoxlmately $1,946.00 (four times the
regular fees of each trade fee) and impact fee of $2,151.14 are paid.
SEP 0 g 1997
Collier fbunty ~ 003 743 6000 7
Lconey Property # 102
Collier Oounty ~ 003 742 8000 6
Loon~ Property ~ 103
1554 Panther Bd., Big Cypress
1570 Panther ~d., Big C~
To ~hom It May Goncern,
In January of 1980 w~ purchased parcel ~1.6 f~, Boy Looney ar~ relatives
bought parcel ~1.4 which we later acquim~. We bought a trailkr to serve as a
building a permanent one. Being a cc~tractor in'the city, one of Bobert's first
about their experience, it seemed as if there would be some difficulty in getting
permits and inspections because of location. We heard that we o~ly needed electric &
septic and that the electric oc~pany would do their c~n inspection. We found that
cur n~ighbor, Joe Brown~ kne~' the Immokalee Putlding Official persc~ally and had been
instrumental in the issuance of ~rlier permits in the area in regards to electric
service, so we asked him to see if he could help us.
out h~ru and Fat in septic systems. We came out the next w~R~md and four~] a baildtng
permit posted, 80-2169. A few w~eks later, we mmv~d our trailer out and im~e~_ ~ately
dug a well and had th~ septic installed by a certified ocntractmr, who also installed
the Hum~b.r~ys~ syste~. Also, we began excava~'~O~ of ¢~r pc~d in orc~r to obt:,~n fill
for our drive and house pad. We then ~]led Mr. T~_!]{s to ~ out for inspect/~,
~ntic~ing that the trailer ~ms Just te~x=zry and that ~ ~ b,~ld/ng & home. We
came out the next weeksnd to find our permit card signed and ~ as issued. We
was too hard for him to g~t cut here to do inspectic~s and that w~ should Just go-~
and build to code. He also sa~.d that the septic system %ms the most important thing
since it %~s governed by the state and that the electric company oould do their own
inspection when the house was complete. As we ~ told, so we
ag~, ~ ~e ~t ~t ~ ~ ~d ~r ~ ~~'
SEP 0 Z
~ tried to get the proper permits and were told '~0"~ the c~e that wm got ~ms due
to Mr. Brown's frie~ship with Mr. Tillis. We had surv~/s done to locate our propertO
boundaries beform w~ ever built and later ha~ a spot survey dc~e which shows each
r~sid, ncm. W~ tried to do ~ Just as w~ would in town.
In r~/ards to th~ s~_ic system ~ut in by th~ ~thars, we knew that it ~s don.
to minimal s~, but felt that it was ~_rving its purpos~ until Just this
the dra/nfield arma. We wer~ going to have it rmdo~e with a proper tank and mounded
it up to present day standards in order to mainta/n a place for our elderly friend to
At the m~eting with Oollier Oounty at the Millers on 12-3-94, Mike Kirby said our
zoning is one h~me per 3 acres. Our agent, Debi Kay Lee, whom w~ hired to help get us
whatever permits or paperwork that w~ need to become legal, says that w~ may be able
to get a "lot line adjustment" quite ~ily since w~ already have the ~rvey, if it is
deemed permissible.
We are willing t.o do whatever is necessary to straighten out this situation, but
do not feel that penalties for something that we tried to do or impact fees for
~_~vices that we do not r~ceive are appropriate. We hav~ been neglected by Collier
O~unty for 14 years and raalize that these events are in r~spo~me to p£es~ure by state
and federal agencies. We un~erstand the cc~cerns about ~ter quality and litter, and
are r~dy to ~kk~_~s the~, but r~me~ber that this is a rs~ote, salf-c=ntaine~, rural-
agricultural =nn~unity. We provide for ourselves and scram ex~ons need to be
as compared to populous living in the city. For i~.~tance, the storage and m~ntenance
of ~hi¢les and e~ui~nt.
We have in place, a fill pad intended for the oons~cn of a garage. At
time, we had the foundation formed and rmady to pour, but then we changed our mind and
deci~ to cc~mtruct it differe~tly. Now our agent say~ tha~ we can get a building
permit, but that our pr~ has been ov~rlaysd with a designatic~ that will make it
necessary to get final approv~ from the De~t. of Ccm~nity Affairs. We understand
that this is the state agency~that in cooperation with the BCNP~ forced Collier Oounty
SEP 0 1997
isled after the 1986 cut-off date decrmed by the Big Cyur~ss Land Prctectic~ Plan
for b~ginning structures7 We need a special ovmrla¥ ~ich will allow us to oontinue
to r~tain some s~mblar~ of our accustcmmd life style and be able to h~ild a garage
or protective structure for our vehicles and equism~m~t.
Collier Ckxmty # 003 756 4000 1
~y Property ~93
1492 D~er Run ~., Big ~s
In May of 1983, we uarchased an additic~%l parcel as named above. We dug a pc~d
and a well, put in the drive and fencing. We set a ~all trailer co it for Robert's
brother to stay in whenever he was down. Sometime in 1988 or 1989, when some friends
of ours wanted to ~ out here, we r~placed the trailer with a larger o~e and put in
a decent septic ~ystem for th~m. They then had electric inst~lled in their name
bu/lt a sm~ll picnic shelt~r by the pood. We did not attempt to do anything about
permitting co this parcel due to past experie~ce as _al~ady explained.
Ln an area that 'has been consistently den/ed permits and inspectic~ls for over 15
~-~, hc~ w~re we to know about zoning cha~es and ~pecial overlays? We ~ quite
~=~rised to le~n that we were no lcoger co~sidered to be an agricultural area and
that trailers w~re no lcoger allowed, especially when knowing that our newest neighbor~
had cco~acted abe Build/rig Dept. befor~ indwelling theirs.
Bobert J. ~ossi
~lenda C-~i ~ossi
SEP 0 2, 1997
,,,=.,~ ...s APPLICATION FOR IUILDING FERMIT
~~~.'. - /" ~ ~~o~
~ ~ ·, , '.' S(~t~ Rtl.
~ ~/~ ~ Sine Rtl.
~ __ S(~t~ RtI
~ ~~ "-' Hcllht No.o(SIorlts " .... '
Sq. Feet
~.
~. Fm
Sq, Fcr~
TOffS
Sq, Fccl
J~lintmum Lol Arco
~4slimum luildinI Height
~tinlm~ Rc~r YJtd ~ lack
Ntinlmum S~c Yard S~ lack
CcntralScwerName
Cmlral '~/am' Name
~ell Pr~il No.
D~alnRdd /~ ~ ~.Fm
Septic TankNo. I'~- ~ J~ ~
~umbini Stub '~/~ ,~low finish R~r Ir~C.
Sanitarian ~ / ~'-~ ~,~
NOTE:
Any verk within Public Rilht,o(.~;Vay muu comply ,with
Coumy Ordinance N9 ~.:9 and ~llicr ~nly Pu~ic
Rilh,s.o(.~ay ~s.~tion Siandard Hand.k, latest
edition.
approved subject Io I~ ~y~nt of $ "/ ,'
/; I /,' ' /' ' ; lui~I O~cbl
f ~'
IUILDING PERMIT
=- ~_ ~IL~K .UN~ -SUBDIVISION--'"~ v~
_ luildlnI ~, Str~c~rc viii
Za,dnI T · T.
M~l~m Fr~t Yard
Min~um Rear Yard ~ I~ck _ 2 5 '
~pqic Tank
D~amReld
~umblng S~uh
At B.
~-14-~0
NOTE:
'~ny wink within P.bh¢ Ril~'hl.of.~/ay must comply w,th
Cmm'y Ordinance Nn ~.~9 nnd Collier C~nt~ public
NtKhts.of.~ay Cnns..c~ion Standard Hand--k. la,fsi
cdilion
tern czamlned a~l is kc.by approved lubjecl lo Iht payment of S '1 r' , B 0
__ is ~vidrd ~ thc ~fl~ ~nly lui~inl ~e.
, ..: ~-~ ~ luild~l O~c~l
c~fllC to iffy olhcr ~ ~ho~ I flw Hie fr~ the Z~fll Dkcctor. F. wiii ~ quadrupl~
"FAILURE TO COMPLY WITH TItE
,MEEIL~%'ICS' LIEN LAW CAN RE- ~
Sbq..T LN TI:[E PROPERTY OWNER ~,
AYING TWICE ~OR BUILDING
I~[PRO'~T_.MENTS.
16-49-34
Im~okalee, Fl&.
N~ NE~ SW~ SE¼ 16-49-34 ~oll.i_e_r~.
Cou~'ty, !ngn'dkalee, Fla
.... "Mobile Home
$
mips,*'? '/
' .5-14-80 Owner
. · .' Owner
.... Owner
NOTE:
COI,~I~'~ COU't~Y
THIS ;%ppLIC]%TION NILL )lOT BE REVIEWED WITHOUT
]%PPROPRI;%TE SITE PLAN
1 · PURPOSE: J'--o ' ' 'tEmP. t~..~,miT NO, ,
3. LOCATION: ~
4. DATE(S) OF OPERATION: ~'~
APPLICANT'S NAME: (PROPERTY OWNER)
me
APPLICANT ' S ADDRESS:
AGENT' S NAME & ADDRESS:
ZONING DESIGNATION OF THE SITE:_
PRESENT USE OF THE SITE:
SEP 0 2 1997
f :
ATTACHMENT ~L: SHIRLEY
{See Anochmznt 2. under SHIRLEY lttttngs& ptrsonal Stat~rnenO
~ (Since 3/84 & 11/95)
William T. & Naomi L. Slxirley
5120 SW 172'~ AVE
Ft. Laudcrdale, FL 33331
(305) 434-8416
07f22/94 INITIAL INVESTIOATION
08/12/94 SENT LETTER INCLUDING 10-DAY CONTACT P,.EQUEST
11/07/94 VERBAL CONTACT
05/13/96 VERBAL CONTACT ON-SITE
07/03/96 SENT NOTICE OF VIOLATION
07/23/96 RECEIVED NOTICE OF VIOLATION
07/25/96 I:LETUP,.NED SIGNED & NOTAP,.IZED NOTICE OF VIOLATION
08/16/96 DEADLINE TO COMPLY
~~D GROWTH MANAGMENT IMPACTS~
{See Attachment~ 9 & 10. ~ncler SHIP, LEY lt~tlng$]
I~,ECOMMENDATION~ In order for Parcel 1.8 to be conzi~tent with the County's
regulations the following issues must be corrected: 1) Es,.ablishrnent of legal access; 2)
Permitted use in compliance with zoning (CON-ACSC/ST); 3) Structure built in
compliance with all applicable building codes and zoning, 4) Site alteration
improvements are removed and the sltcs are restored back to their original natural
condition and/or off-site mitigation activities are complctrd; and 5) Building permit fee
of approximately $2,390.00 (four times the regular fees of each trade fee), $340.00
ACSC/ST po-mit fees (four times the regular fees of $g5.00) and impac~ fee of $3,530.80
arc paid.
In order for Parcel 25 to be consis~c'n! with the County's regulations the following issues
must be corrected: l) Establisba~en! of legal access; 2) po-trfltted use in compliance with
zoning (CON-AC'SC/ST); 3) Structure built in compliance with all applicable building
codes and zoning, 4) Site alteration improvements are removed and the sites are re~ored
back to theLr original natural condition and/or off-siM mitigation activities are completed;
and 5) Building permit f~s of approxhna~ely $2,864.80 (four times the regular f~ of
each trade fee), $340.00 ACSC/ST permit fee (four t~mes the regular fees of $85.00) and
impact fee of $2,151.14 are paid.
SEP 0 2 19c '
con!= #oo 744 ooo s
I~¥ P~r'cy 1114
54299 Otter Cre~k l~t., Big Cypress
William T. Shirley
5120 ~W 172 Avenue
Ft. Lauderdale, Florida
33331
To Whom It May Co~cern,
Please be advised that above said property in question was purchased by my wife
Nac~i and I on Fmb. 29,1~84. Promptly after the purchase w~ placed a m~bile h~ne on
to which w~ bailt an addition, installed a fresh ~rater w~ll, a 5K generator and a
septic system. We had been given the understanding that permits w~.re not issued in
this aze~ due bo refusal of inspections.
Early on in 1987, Ln response to ~ed electric, a permit was requested by
Glades Electric eogineer, Bruce Taylor. So I decided to go and get the necessary
perraits. Cn April 21, 1987 I took plans to expand the living quarters and update the
septic system to Collier Oounty ~/ilding D~pt. in Naples. The man in charge had a ~
very. hard tir~ trying to find and locate a map that w~lt that far eastward. After ~
delay, I filled ~ut the permit a~plicaticn form as requested. It ~ms then apgroved by
the ~lth Dept. and I paid th~ amount of $70.00. After ~y payment, the man in charge
advised that it would be extremely har~ for the inspectors and their de~t to
come out and inspect septic ~tmms and structures in this unfamiliar and remote area.
He then p~o~ded to talk me out of my permit and refunded my money. I was not given
a permit number and received no guidanc~ on construction. Attached is a copy of my
~Tmctfully yours,
Mr. W. T. Shirley
SEP 0 2 1997
Parmit No.
i~UILDING PERMIT ~ ~-~'~'"~
O COLLIER COUNTY, FLORIDA ~ ~z/.~.~.~
Name of Owner ~~~ ~
TRACT_ LOT BLOCK --------- UNIT..----.--
.... _ " Ihele td;l' cOVer, a
SUSDIVISION
Inapectlona Requital
CALL 774-8253
Fig. L
Rlab
Rough Elect. _ :
Final Elect. ~ :
Rough Plumb
Final Plumb.
Rough Ac ,,
Final AC: ..........
ROUGH FRAMING
fiNAL gLDC ........ --
~EQULR_EO APPROVAL - COUNTY DEPT~.
COMPETENCY
OUILDINO
ZONING
E NGIN E E R I NG,.~._.,,.
HEALTH
.... r.~r _
/ /
/ / $
/ /_$__
/ / $_
~//2~
TOTAL PERMIT FEE $
/ / ~_
"FAILURE TO COMPLY WITH THE
MECHANICS' LIEN LAW CAN RESULT I1~
TIlE PROPERTY OWNER PAYING TWICI
FOR BUILDIN(: IM. PROVEM~TS." FS 71
.o.
SEP 0 2 1997
·
Limb
1. pURPOSE:~ ---'--
~. LOCATION: ° '
4. DATE(S) OF ~
APPLICANT'S NAME: (PROPERT~ 0WNER):~
2. APPLICANT'S ADDRESS: '~' ~
h~ b PHONE:. ------
~ 3." AGF-~T' S NA'~[E ' ADDRESS: ~ &
-- A&[ D .....
SEP 02 1997 !'"
I1'1
SEP 0 ~ 1997
1 · pURPOSE :~
LOCATION:
DATE(S) OF OPERATION.---~/~~
APPLICANTtS NJ~: (PROPERT~ 0~):
.2.
APPLICANT ~ S ADDRESS .~
~ PHONE:, -------'
AGENT * SNAKE & ADDRESS: ' ·
F~0NE: ~
ZONING DESIGNJ~TION OF ~ SI'TE:_ (v~'~9"' ~CSC.~
p~ESm~T use OF THE sI'~:_ ~st ~C~-
' SEP021997
SEP 0 ~', 1997
,,,. ~'~'"..
A. TTA~N'I' 3M: SIMONE
{.~e Amachnm~t 2, a~dev .SIMON£ l~sting}
J. Vi~ S~o~, ~ ~ ~ O~e ~
H~ 61 ~x 56D
CI~ ~ 33~0
07~4 ~ ~S~GA~ON
08/I~ S~ L~R ~CL~G 10-DAY CO~A~ ~Q~ST
08/1 ~4 ~CEIVED LE~R
08/19~4 VE~ CO. ACT
10~8~4 SE~ NO~CE OF ~OLA~ON
11/10~4 ~CEIVED NO~CE OF VIOLA~ON
!~8/94 DE~L~ TO CO~LY
07/0~6 S~ 2~ NOTICE OF VIOLA~ON
07/17/96 ~CEIVED NO~CE OF ~OLA~ON
08/~5~6 DE~L~E TO CO~LY
~ISCAL ~ GRO~~AGME~
~co~E~A~ON: In ord~ f~ P~I 12 m ~ ~t ~ ~e
~latio~ ~e follo~ng is~ m~ ~ ~: 1) ~s~t of legfl ~; 2)
p~ined ~ in compli~ ~ ~g (CON-ACS~T); 3) S~ built in
~mpli~ce ~ all nppli~ble b~Iding ~ ~d ~g; ~d 4) B~lding ~t f~ of
approximately $2,521.40 (fo~ times ~e re~l~ f~ of~ch ~e fee) ~d impact fee of
$3,530.80 me p~d.
AT'FACHMT. NT 3N: S'FKP~NS
~ p~r~onal Staf~nent & Offtr to ~geli Prope~Y to National
{S~ ,4ttachment 2, amder $'I~PHEN$ li~ngt,
park Service]
~ (Since 4/93)
Robert L., Jr. & Ann Stephcnxs
885 SW 174~' Terrac~
Pembroke Pines, FL 33029
~od¢ Enforca'm~! Case Hisiovt
07/22/94 INITIAL INVESTIGATION
05/12/94 SENT LETTER INCLUDING 1 O-DAY CONTACT REQUEST
05/22/94 RECEIVED LETTER
08/26/94 VERBAL CONTACT
10/28/94 SENT NOTICE OF VIOLATION
1 I/18/94 RECEIVED NOTICE OF VIOLATION
12/28/94 DEADLINE TO COMPLY
07/02/96 SENT 2~ NOTICE OF VIOLATION
07/(o9/96 RECEIVED NOTICE OF VIOLATION
08/15/96 DEADLINE TO COMPLY
{~ee Attachment.~ 9 & I0, under STEPHEaVS ll~ttng~}
~MENDATION; In order for Parcel 2 to be consistent with the County's
regula6ons the following issues must be corrected: 1) Establishment of legal access; 2)
Permitted use ia compliance with zoning (CON-ACSC/ST); 3) Siructure built in
compliance wit3 all applicable building codes and zoning; and 4) Building permit fee of
approximately $1,084.40 (four times the regular fees of each trade fee) and impact fee of
$3,530.80 are paid.
In order for Parcel 6 to be comis~ent with the County's regulations the following issues
must be corrected: 1) Establishment of legal access; 2) permitted use in compliance with
zoning (CON-ACSC/ST); 3) S~ built ia compliance with all applicable buildiag
codes and zoning; and 4) Building permit fee of approximately $2,135.00 (four times the
regular fees of each wacl¢ fee) and impact fee of $3,530.80 are paid.
Pat E 1
SEP 0 2
~ 6t 1995
1980). ~ ___ ,..
~ ~ ~c
~ 10~ 1991 ~
~ 10~ 1991
BY A ~ IN T~E PIJJMBING TRADE. I INSTAr~.FD THE SEPTIC AND RRAINFT~n
THAT WAS STARTED BY MR. fD.~SLEY. WE BUILT A 4 X 6 SH~D TO PRCTEC~ ~ W~I.
PROPERTY. THE 8 X 12 F~rAL SH~D ~ A FOUNDATION WAS PLACED CN THE PROPERTY
OCTOBER 16~ 1992 -- A LET/7~ N~S MATT~ TO HIG CYPKESS NATICNAL PRESERVE
APRIL 1993 -- ~CTED 1K~ ~ AND ~ECAME TH~ LEGAL (~'N~RS (F PARCEL,
LEEAL: 16 49 34 S} of NW~ of NW~ of SE} 5AC or 940 10G 1548, TKE CRIGINAL
~ (GA~ W~%DEN'S CUmiN) ~AS ~ ~ AND ~AIRED ~NLY.
~ ~zs, ~. ~c$1~P 0 2/997
July 26, 1996
885 $.W. 174 Terrace
Pembroke Pines, Fi. 33029
Compliance Services
Collier County Government
Attention: Mr. Mike Kirby
2800 N. Horseshoe Drive
Naples, Fi. 33942
Dear Mr. Kirby:
Enclosed, please find signed copies of the contract to sell
the properties, described as; tract no, C01-19-North and C10-19
South.
As per our phone conversation on July 26, 1996 regarding the
notice of ordinance violation, case # 40811 31 & 29, please
provide me with a signed statement releasing me from
responsibilities for any Collier County codes, fees or after
the fact permits or any violations on the above stated property.
Please mail same to the above address. Thank you.
Sincerely,
Robert Stephens
SEP 0 1997
~ ~i UNITED STATES DEPARTMENT OF THE TNTERIOR
-'~.','o NATIONAL PARK SERVICE
INDIVTDUA/, OFFER TO SELL REA/, PROPERTY
~): ROBE LEE STEPHENS~ JR. ~nd ANNE CAROL STEPHENS, his wife
THIS OFTER CONSI ~RT'~ OF THE TERMS AND CONDITIONS INCLUDED ON BOTH PAGES OF
)a,s,~r, Big Cypress
TKACT NO.
C01-19 - North
['HIS FORM AND
~ ATTACHMENTS EXPRESSLY MADE A PART HEREOF,
The undersisned, hereinafter called the Vends, in conslderatio~ of the mutual covenants
convey lo the Unilet Slates of America ~md its ~ssisns, the fee simple title lo the following descn'bed land, with the buildings m~l itnprovetnents
~ner~on~ and ail ri~hts, heredltaments~ easements) an6 appurtenances thereunto
The real property which the Vendor asrees to convey [o the United Slates of America is located in:
County Collier State Florida Acreage 5.00 acres, mom or less.'
Described as follows:
SEE EXHIBIT A ATTACHED HEILETO AND MADE A PART HER. EOF.
The Vendor covcnan~ and agrees to convey to the United SLates of America thc fee simple title to thc above-described land subject to existin
easements t'or public roads ~nd hi~,hways, public utilities, railroads, ~nd pipelines: and subject to ~e foIlowlng outstanding right~
(If none, so s:alc) None
~c Vendor specifically rescues and excepts the followin~ rights and inlcres~ in Iht a~ve-descri~d pro~: (If none, ~ s~e)
~one
The terms and conditions of this offer are as follows:
. (I) The Vendor agrees that this offer may b~ accepted by the United Stales through any duly authorized representative, by
~l~r.'rml, mailing, er ;elegr~phing a notice of acceptance to the Vendor at the address s~aled below, at my time within ~,velve
(12) months(s) from the date hereof, whereupon this offer and the acceptance thereof become a binding con~act.
(2) The Uniled States of America a~ees to pay to the Vendor for said land Ihe sum or:
'I'WEN'I'Y FOUR THOUSAND AND NO/100. Dollars (:$24,000.00), (Continued on page 2)
~ ~_~ day of _.T"/~,4/~/ ,19.~
!
ROBERT LEE STEPHENS, JR.~
A~E CAROL STEP.NS
SIGNED, SEALED, AND DELIVERED THIS
Vendors:
(SEAL)
ss#~(;
(SEAL)
(SEAL)
(SEAL)
Notice of acceptance of'this offer is to bc sent to:
Mr. and Mrs. Roi,crt Lee Stephens, Jr., 885 SW 174th Terrace, Pembroke Pines, Florida 33029-4216
('Name) (Address) (City) (State)
~'~£ Code)
foregoing offer of thc Vendor is hereby accepted for and on
THE UNITED STATES OF AMERICA
If of the United S~tes of America this
day of ..,19~.
By
UNITED STATES DEPARTMENT OF THE I~ERIOR
NATIONAL PAR~ SERVICE
I~IV1DUAL OFFER TO SELL REAL PROPERTY
Big Cypn:ss
N~onal Pr~:serve
C10-19 - South
YENDOR~S): ROBERT L. STEPKENS~/R. and ANN STEPHENS~ his wife
THIS OFFER CONSISTS OF TH~ TERMS AND CONDITIONS INCLUDED ON BOTH PAGES OF THIS FORM AND
~ ATTACEMENTS EXPRESSLY MADE A PART HEREOF.
The undersigned, hereinafter called ~e Vendor, in consideration or' the mutual covenants and agreements herein set forth, off~'s to sell ~nd
co~v~ ~o the Un,ted States ofAmerica s~ Es s~igns, t~e lee s~mple t~le to ~c following de~nibed la~d, w~ t~e buildings and improvem~ts
~ereon? ~nd all ri~J~tst hercd[taments~ easements~ and apl:mrten~nces ~eretmto belonging.
T~e real property which the Vendor agrees to convey to the United States of America is located in:
County Collier State Florida Acreage 5.00 acres, more or less.
D~scribed as follows:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
Thc Vendor covenants and agrees Io convcy to the United States of America thc fee simple title to the above-described land subjec~ to cxistin~
easements for public roads and .highways, public utilities, railroads, and pipelines; and subject to the following outstanding rights in third parties:
(If none, so state) None
The Vendor specifically reserves and excepts the following right~ ar.~t interests in the above-described property: (If none, so state)
None
The terms and conditions of this offer are as follows:
(I) The Vendor agrees that this offer may be accepted by the United States Ihrough any duly authorized representative, by
delivering, mailing, or telegraphing z notice of acceptance to the Vendor at the address stated below, at any time wfthin twelve
(12) months(s) from the date hereof, whereupon this offer and the acceptance thereof b~come a binding contract.
(2) The Untied States of America agrees to pay to lhe Vendor for said land the sum of:
SLXTY TI-LR.EE THOUSAND FIVE HUNDRED AND NO/100 ......... Dollars (S&3,500.00), (Continued on page 2)
SIGNED, SEALED, AND DELIVERED THIS
Vendors:
(SEAL)
ROBERT L. STEPH~NS, JK. SS. 2~2. (,,~, g ~=G
~~ (SEAL)
A~TEPHENS SS~- ~- ~
(SEAL)
(SEAL)
Notice of acceptance of thls offer is to be sent to:
Mr. and Mrs. Robert L. Stephens, .Ir., 885 SW 174th Terrace, Pembroke Pints, Florid-' 3 ?9294216
('Name) (Address) (City) (:-:ate) (Zip Code) .
The foregoing offer of the Vendor is hereby accepted for and on THE UNITED STATES OF AMERICA
behalf of the United States or Amcrlca this
day of ,19__..
By ~
(Name ~n:l Title)
ATTACI~MENT 30: TEUFEL
DESCRIPTION ~ARCEL 1.16~:
{.~e Attachment 2, ~nder TIfUFEL Bating}
~ (Shace 3/92)
Thomas M. Tm:fei
HC 61 Box 41D
Clewistorg FL 33440
1 ~800-949-6101
C,~l¢ l~nforcement Case History
07/22/94 INITIAL INVESTIGATION
08/12/94
0g/19/94
08125/94
10/28/94
11/10/94
12/28/94
07/03/96
O7/25/96
08/28/96
08/30/96
01/14/97
SENT LETTER INCLUDING 10-DAY CONTACT REQUEST
RECEIVED LETTER
VERBAL CONTACT
SENT NOTICE OF VIOLATION
RECEIVED NOTICE OF x, qOLATION
DEADLINE TO COMPLY
SENT 2~ NOTICE OF VIOLATION
2K~ NOTICE OF VIOLATION NOT RECEIVED
VERBAL CONTACT "ON VACATION" & RESENT 2~ NOTICE
DEADLINE TO COMPLY
INVESTIGATED
FISCAL AND GROWTH MANAGMENT IMPACTS:
{See Attochmtnt$ 9 & lO, under TEUFEL II~ttng}
RECOMMENDATION: In order for Parcel 1.16 to be consir~'nt with the County's
regulations the following issues must be corrected: 1) Establishment of legal access; 2)
Permitted use in compliance with zoning (CON-ACSC/ST); 3) Structure built in
compliance with all applicable building codes and zoning; and 4) Site alteration
improvements are removed and the $ite~ are restore! back to their original ~
condition and/or off-site mitigation activities are completed; mad 5) Building permit fee
of approximately $4,051.00 (roux time~ the regular fee~ of each Ix-Me fee), $340.00
ACSC/ST permit fee (four times the regular fees of $g5.00) azxl impact fee of $3,530.$0
are paid.
SEP 0 2 1997
ATTACHMENT 3P: VILBERG
DESCRIPTION (PARCEL
{See Attachm~ 2, smdzr VILBERB ltsttng& Perm. Information}
~ (Since 10/94)
Thomas H. Vilbcrg & Rebecca L. Benifiel
722 Mcndoza AV
Coral Gable~, FL 33134
(From 3/92 to 9/94)
John W. Shoults
P.O. Box 42
Felda, FL 33930
(941) 657-2794
Code Enforcement Ca~e Hi~tory_
07/22/94 INITIAL INVESTIGATION
08/12/94
09/03/94
10/28/94
11/01/94
l 1/02/94
12/28/94
07/03/96
07/I 0/96
08/16/96
SENT LETTER INCLUDING I O-DAY CONTACT REQUEST
LETTER NOT RECEIVED
SENT NOTICE OF VIOLATION
VERBAL CONTACT W/ELLEN SHOULTS BACHELOR (SISTER)
RESENT NOTICE OF VIOLATION
DEADLINE TO COMPLY
SENT 2nv NOTICE OF VIOLATION
RECEIVED 2~n~ NOTICE OF VIOLATION
DEADLINE TO COMPLY
FISCAL AND GROWTH MANAGMENT IMPACTS;
{See Attachments 9 & 10. under VII. BERG li~tlng]
RECOMMENDATIQ~; In order for Parcel 10 to be consistent with the County's
regulations the following issue~ mu~ be corrected: 1) Establishment of legal access; 2)
Pe,ait~ed use in compliance with zoning (CON-ACSC/ST); 3) Stmctu~ built in
complianee with all applicable building codes and zoning; and 4) Building permit fee of
approximately $2,586.00 (lout times the regular fees of each trade fee) and impact fee of
$3,530.80 are paid.
r!!, .... ? · ·
w,,,,, ,,,, APPLICATION FOR BUILDING PERMn'
COLL..rOI C~tJN*l~P', fLOllllt&
. ,.-/., ,....., ..,., ~, . ~'~ --FU£D _~' Z 7- ,~o
PERMIT NUttIER ~ ~' / ~ /"~'"' DATE ISSU -- ~'-- ~ ""'~-- ~
CO ...... ~ ~
A~CHrTECT
ELECTRICAL
PLUMIIlNC
AIR COND/MECH
ROOFINC
S'~IMMINC FOOL
_a A c~p7 od' thc app~o~rd p/ans and s~ciRcarlofls G~ ~ Lcpc ~( ~hc ~l ~t~ du~f ~ns~.
t~urt ~ f~ce
Afin;mum
~ Fronl Y~rd ~(
Rc3r Y~ ~ ~3c~ ~l~m From Y,rd ~ I~ck
Side Ymrds ~ lack
Partial S~c~
U~I~ $ge Yard ~ lack
Pl~r S~ce. Sq.
U~I~., ~ ~. Feet
Po~ Sq.
O~hcr Sq.
A.C. M~h Ton=
To~l _ Sq. Feel
Estimated ~,
~r Ord. ~-~S
BuiJd~nl P~h
Plu~f Pr~ie
R~Rnl Pc~it NOTE:
Swim. P~l Permit Any wink wi(Ism Puld~ Ri~hl~.~ay ~ comply ~i~h
Scpdc T~flk ~umy Ordi~flce N9 ~.~ I~ ~flier ~ty Public
Drlv~ay Pc~h $ Ri~hts.of.~ay C~tr~n S~andard Hafld~, la,est
Total Pc~, 5 ed,ion.
~e ,~,e ,ppl~a~lon has
.
~. Rcc'd ..
PI~. Rec'd Own.
A.C R~'d. Alone
P~ R~'d.,
.State Rs. ~ _CC _.___.___
~.(.:'~, ¢.
S~ate Rog ..... _ CC. ...
~c,~'~ , f .... Seato ReI. CC
~Jte Rtl.. , _ ~ .
Sine Rtl.. CC
Pr~! lO lu~d. Allz~,RrNit.~ye _ . / ~ ~ ~
Size ~x _ ~_ H~Ifht. , No. of Stor~ -
~CILLIIIt ~)~fNTI', I~LOefllA
· DATE APPLIED
FERMIT NLTMRER -. i'10 - 27S3 ~ DATE ISSUED
~ NAME o( O'~1FNER Rov [,oo;.t~Y _ PHONE_
'JOI ADDRESS - - .
CONTRACTOR . Ob'lqOT; SI'lo Reg. _ CC. __
'ARCHITECT _
ELECTRICAL . O,,,,n~ r Sla~e ReI. _ __ C.C. __
'PLUMBING'_. Or'ne= Slate Reg.., CC.
:AIE COND/MECH ..
~ROOFINC _ S, Ite ReS. CC. _
S'&'IMMINC POOl S~ate Rtl... CC
_Slafe Reg.._______
ILOCK . _UNIT_ - SUIDIVIS|ON
0 OR METES AND BOUNDS
'"I ' ' 'ee,
Lo( Arta.,
Front Yard S~t I1ack
Rut Yard S~I 8acL
Side Yercl~ Set Back
Parking Spaccs.,
F~r Spac~ ~
Udli,~, _ _ Sq. Fm
Porch _ Sq. Fee
Ca,'3~, _ Sq. Fm
O~hcr _ Sq. Feet
A.C. Mech _Tons
T0,JI Sq. Feet
Sq. Fcc!
C. cnlralSeverName ~n
Esllmalcd C~sl pcz Ord.
Bui~cUnI Permit
EJect, cai Perm;t
P1umb~nI Permit
A.C./MecN. Permit
Reoani Pc,~it
Swim. Peo/ Permil
S~pdc Tank
· "FAILURE TO CO]~IPLY WITH THE
. MECHANICS' LIEN LAW C,LN RE. o~
"SULT IN THE PROPERTY OWNER Age~,
PAYING TWICE FOR BUILDING
I]~'IPROVEMENTS."
Any w~'k wilflm Public Rilht.~/.~[,,ay must comply ~hh
County Ordinance No. 77.~9 and Callicr Coumy Public
comm. rtc'd cop7
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
The Honorable Getty Matthews
CoU. ict County Board, of County
2~J0 Hort~ Hor'~shoe DrtY¢
Naples, FL 33942-~917
UNOA ~.OOA415
:
,.,.,. ,,:' ;* . ..
Dcar C~n~-a.issiooet M~tthe~:
TI~ letter is to rectucst yo~ a.t.sista.nce ~ resolving v~otatfon$ of t~e Co~er BuildLag and
Department Code ~fhLn_ the Big C~re~s Area of CrMc:~ State Concern w~clz were previously reported
rclpMiag t~e c~n.strucMon of approx:kaately ~2 houatng a~u ~rJ:out permJm Conunis. s{oncr Constantine
rcferred ~ matter to C~c EMorcemce! and Mike KLr~ notl.~ed the property owners to obtain pernuts.
Since then, 6 indi',4duats have appU~ to the State Boaz~ of A~juatznent for rarfanc~ ~o the setbacks
for s~pt{c tanJc draiaJ~¢l~ fi'om $urfa¢~ water, however none of the L~dh4dual$ I~a'~ appUe~ for perm.frs
It is m? understanding tltat the property ow:er% may be reluctant to apply for the perm{ts due to the
re~Lremeat to pry impact fees. I have hea~ It crpreucd t~t because thc tes~enu tire f~ such a remote
area, few. tf any, county s~rvicca arc a,.'".,Rahte to them. The Del)aruneat'~ coat, re. ho~c~r, b l~'om an
etwiroamenta! penpcctive. Almost w{thoat ~eptio~. no dr~;n_~el~ lu~ be~ constructed a=d the s,tpta~e
fa disc~arJ~t~ dicectl~/~o wctL?.n:Li without treatment.
I am an.~o~ to bring this issue to closur~ and ~o~:ld appreciate ~ur mb=n~ M ~g ~e pm~
~ to ob~ ~u ~m ~e ~un~ and ~e
~ aao requ~e ~ ~ ~m ~e ~ of En~, ~e ~ent of ~enul P~te~on ~d
thc S~tc Boa~ of
'Pac ${tcs are located wit2~ the Co~cr-Arizou teed cmhanje 0Lit attac~cc0. W'nen thc acn. uisl~on
LI fLnal~ed, any lan~ wMch are not tn comFRa$oe w~th State lad Conety rel~tadon~ and wMc~ axe not
c~naistent ~th thc Bfg C~re~ Ma.aajement loeb maybe subjex= to r~g'alat~o,,,~ of the N*atioz~al Park Ser.,4ce.
It is. therefore, in the owners beat {nterest Io t~aol~ the heart vJotations in tlle near fun:re. ! would
appreciate · written response re~'~r~tnI the C~anty'$ l~idon on tl~ metier. Should you wish to discu~ t. Ms
roarer, please telephone (941) $34-72~.
~t
2741 C~N?EIVIEW DELVE
DATE:
FROH:
SUBJECT:
HEHORANDUH
February 22, 1995
Commissioner Bettye J. Matthews, Chairman
,oard of C~,y Commissioners
Hike Kirb~'~nvironmental~l~ Specialist II
Code Enforcement~
Richard R. Clark, Acting Administrator
Community Development Services
Big Cypress National Preserve
In response to your request for background information on the Big
Cypress National Preserve issue and a request from Debbie Lee for
you to do a site visit, I offer the following:
on April 6, 1994, Rebecca Jetton of the Department of Community
Affairs began a task force of the local health units, planning
departments and code enforcement departments to begin
investigating suspected violations within the Big Cypress
National Preserve acquisition area. Ms. Jetton complained of
approximately 30 homesites in Section 16 of the acquisition area.
She complained of leaking septic tanks, unpermitted structures,
dredge and fill violations in wetlands, and the lack of adequate
solid waste disposal for the area.
On September 21, 1994, a meeting was held with the Health
Department, Department of Environmental Protection, Army Corps of
Engineers, Department of Community Affairs, Collier County Code
Enforcement, Planning Department and staff of the Big Cypress
National Preserve. In that meeting, the Army Corps of Engineers
and the Department of Environmental Protection stated that, since
most of the clearing and filling in the wetlands occurred some
years ago, their statute of limitations had run out and they
would not be taking any enforcement action. The Big Cypress
National Preserve staff, Code Enforcement, and h~RS are
coordinating an assessment and investigation of these problems.
A synopsis of the conditions at Section 16 is as follows:
1) There are 23 different property owners with apparent building
code violations. Of the 23 building code violations, 9 have
environmental violations such as clearing, filling and
excavating.
2) There is a landfill on the adjacent section which many of the
residents admitted to dumping on but which they have~reed to
cleanup. /
3) There are 13 mobile homes, 10 of which are permit~able a
February 22, 1995
Page Two
Memo/re: Big Cygress
(attached) allows for single family dwellings which can include
mobile homes (see attached definition of single family dwelling).
If a mobile home was located on the same 3 acres as the single
family home, the mobile home was considered unpermittable (Ord.
91-102, Sec. 2.2.17.4.5, copy attached)
4) There are 18 single family homes. All 18 are permittable.
Ordinance 91-102, Sec. 2.2.17.2.1 allows for single family homes
in this District.
5) There are 2 hunting camps for which permits are not needed.
6) There were some permits issued for electrical work and septic
tanks. Only two building permits were found. Both were for
mobile homes. Inspection reports or certificates of occupancy
for the two mobile home permits were not found.
7) In order for the residents to keep their inholdings within
the newly expanded Preserve, they must be in compliance with the
local building and zoning codes. The residents need to repair
any leaking septic and drainfield problems, obtain after-the-fact
building and special, treatment permits for the buildings and
structures that they intend to keep, and remove any structures,
litter or Junk that would constitute a county violation.
Impact fees would not have been charged for any of the single
family homes or mobile homes in this area since construction on
all but 5 structures began before 1985, which was the date of the
first impact fee ordinance (Ord. 85-55). The remaining 5
structures constructed after 1985 simply replaced existing
structures which does not trigger the impact fee.
The residents have hired Debbie Lee as their agent to represent
them. Ms. Lee is requesting that a) after-the-fact fees be
waived; b) impact fees be waived; and c) all permits be waived.
Obviously, some of these matters (requests for special treatment
permits, requests for waiver of fees/permits, etc.) will be heard
by the BCC at some point in the future.
If we can provide further information, please advise.
/Jg
xc: Bob Mulhere, Mgr., Planning and Technical Services
SEP 0 g 1997
ATTAC~MftgT 6
MEMORANDUM
DATE:
TO:
FROM:
SUB~ECT~
26, 1996
M~rjorie M. Student
Assistant County Attorney ~
~aidi F. Ash%on, Assistant County Attorne
Big cypress Acquisition Area
You asked me to write this meuorandum as a follow up to }'our
April 16, 1996, memorandum to Mike Kirby of Code Enforcement.
As we previously discussed, the lots in question are located
in Township 49, Range 34, Section 16 at the extreme eastern
portion of Collier County. Structures were built on these lots in
1978. These str~ctures were illegally built without obtaining
building permits, under the then existing County ordinances.
As we discussed, illegal structures are not exempt from the
payment of impact feesl Since the structures in the Big Cypress
Precerve were constructed and not permitted as required by law,
tke~u structures are not recognized as legal structures existing
~:ior to the adoption cf impact fees. I agree with your
· =atemsnt thai impact fee exemptions cr credits cannot
retroactively appl].ed to illegal structures. Therefore, impact
fees for the Big Cypress Preserve Area will be due at the time
building permits are obtained. Also, please be aware that o~ners
cf ]l!egal structures who fail to obtain permits could bm subject
tc fanes and penalties under code enforcement actions.
For your information, a copy of my memorandum dated }:arch
22, 1996, to Mr. Vincent Cautero regarding a similar issue is
attached.
Please let ne know if you have any other additional
questions.
cc: David C. Weigel, County Attorney
SEP 0
MEMORANDUM
TO: Mike Kirby :
Code Enforcement
FROM:^_,%,'x~arjorie M. Student
· g' Assistant County Attorney
DATE: April 16, 1996
RE: Bi~ Cypress Acquisition Area
RLS #CED 951004-01
PI~ be advised that pursuant to recent meetings that we have had and based upon the
information I have received to date, it is the opinion of this or, ce that the referenced owners of
properties in the Big Cypress acquisilion area are not vested.
The case law of this State require~ that in order for an individual to rely upon the
repres~tations of a iocaJ government or, clad, said oz'Tlcial must have the authority to make
representation. Corona Propertlts of Florlda, Inc. ~: Monroe Count)'. 485 So.2d 1314 (Fla. 3
DCA 1956). T'nere is no in£ormation provided to indicate that either Mr. Oss or any other
County o~cial had the authority to advise any property owner that the requirements of the
County Building Code or any other code were waived. Additionally. waiver of ordinances in the
past does not mean that they cannot be presently enforced. Monroe Count), ~: llemispltcre
Equity Realty, Ina, 634 So.2d 745 (Fla. 3'~ DCA 1994).
I spoke w~th Ms. Heidi Ashton, Assistant County At!orney, regarding the impact fees and
she advises me that they cannot be retroactively applied. In' other words, only the impact fees in
effect when the improvements were built ate applicable and only at the then effective rate.
I hope this information is of assistance to you. Should you have any ~unher questions or
comments, pl~se advise.
MMS/mrb
cc: David C. Weige!, County Attorney
SEP 0 2 1997'
2800 N. HORSESHOE DRIVE
NAPLES, FL 33942
August 16. 1996
Its. Debi Lee
2505 S. University Drive #129
Da~e, FL 33328
RE: Big Cypress Acquisitk)n Area
Dear Ms. Lee:
I have reviewed U'e inform~on you presented to me and spoken with Ed Peso, Building Review and
Pemitljng Director. and l~ke Kirby, Environmental Specie, st I1. AddilJonally, I have stu¢~ed Marjorie
Sa.dent's legal opinion wi~ regard to ~ need for Ixnlding pen'n~ and impact fee payment.
In acm'dance with Ms. Student's legal opinion, the property owners cited by Code Enforcement are not
vested and must secure building permits and pay impact fees, where appr~cable. Ed Perico and his senior
stall are prepared to work closely with any property owner to explain the perrra process. The Building
Review and Pem'it~ng Department will requ','e that 'as-buY drawings be subrritted with the builcling permit
appicaJon and that inspeclJons be conducted. Mr. Perico is prepared to have his Chief Inspectors
i:em~aily conduct the inspections.
I can assure you that the Bugcfing Review and Pen'n~ng Department is only interested in accumuia~ng
ckx:uments that are essen~al to complete the permit requirements. We have also been advised
I:~ permit and impact fees are required. Staff does not have lhe power to waive these fees. ff any
~ owner' wishes to contest these fees, they are free to corlb3ct a County Commissioner
pelion to appear on a County Corn'rission Agenda. TI'Es latter option can be accon~lished by writing to
the County Manager's Ot~e and asking to appear under 'l:'ubr~c Petitions'.
I ham instructed the senior Code Enforcement staff to hold this case in abeyance unb'l such bne as ltm
~ owners can meet with Mr. Perico and/or peflion the Board of county Cornrris~m.
SEP 0 1997
. oo
PageTwo
8/16/96 (0. Lee)
Our Intent is to work with the pr~erty owners, not against lhern, i conveyed this message Io Mrs. Henry
when I spoke with her on August 14 0 returned your phone ca~ recto'tied In my o&ce on August 13 and she
answered the telephone), along with the informaion presented in this letiar.
ff I caa provide any assistance to you, please do not hesitate to contact me. Your coopera~on is gre~y
appreciated.
VAC:jg
xc: Corr~nissbner Bet'c/e Matthews
W. Ne~q Dorfill, County Manager
Mike l~Nees, Assistant County Manager
Ed Pedco, Director, Budding Review & Permi~ng
Unda Sullivan, Code Enforcement Director
Ma~ Student, AscJstant County At~xney
~ Bolgar, Code Enforcement Supervisor
Ed Idorad, Code Enforcement Supen, i~r
Mike Kirby, Environmental Specialist II
SEP 0 2 1997 /
ATTACHmenT 8
Yincem A. Catnero
Count Geve~zmem
Comm,~ity Developmenz Ser4ces (CDS)
RE: Bi8 Cypress ~
Section 16 'I=WP 49 RGE 34 CotLier County
,~pternber 17, 1996
I have r~4eved your ~ dated August 16, and u you sugtges~d, I am r~luesting lo
tppear before the Board of County Cornmiaioners (BCC) via the County Manager's Off'~e. !
would have done so ~ e,xrlier, but during prior ne~ogaliom with CDS s~ff, beginning in
January of 1995, I wu given to beli~e thai they would araume thai responst'bility. When I met
with you on 7-29-96 ! briefly outlined some of those negotiations, b~ now for the r~.~d, I would
like to formally express them in detail.
$~n. 12, 1995 was my fLm meeting with Richard clark, who at thai time wu Direc',or of Code
F. rfforcemem and ac:lng in your present position. Also present were Dennis ~ne. Bob
Mu~he.re ~nd B~ Bolga. r. We d.L~u.s.sed in det~l the da.~ of improvement insta. Ll~ons and penni
a~zrrrpts, alcng with property t,xx recorcLs Md zonLng Luues. Bob MuLhere wu concerned with
surveys and setbacks, to which I rmponded that a ce'~ed surveyor, ac~ng on a personz] level.
haxi located corners of each 5 acre parcel and if nece~,a.ry would provide an a~fidavit ~t[ng
tflx-zed pa,-c~ts. Mr. Clark wu more concerned with sa.fety and impecdon~ I offered that my
cUents wouJd be wLRing to si~ a releue of tiabRity, u rnerttioned by Ken Ba:tke ai the 12-3-94 on
site mee~g with residents, but he was atLl~ concerned in rega. r~ lo furze transfer of owners~dp.
Ad~tionzUy, I presented copies of 6 permits that I had fotmd lo be i.ssued in section 16 in ! 976
a.nd 1980.
Mr. Cl~k e~ f~ailiarity with my explan~gons of why the property owners had not obtained
permits and wu fully in favor of accounlability by the present administration for hi~torlcal non-
feasance by Co~er County Build~ng authorities. He wu an.rJo~ to resolve my cl~ents' dilemma
~d suggested that I prepare a detzLlecl nar4tive for u.~ in presen:ing the ca.se to BCC. He further
requested that I choose a few simple, representative parc~ts for the present, on. so that a process
could be de',~'nined for ~bnL,'~n'azive handEng.
Feb. 9, 1995 I met ~ Mike Kirby to help clarify parcel owners and to rnor~ accurately demTnine
ST violag, ons. He defined and pro~ solutions to tiller amd upon conclusion, suggested I r~ke
personal contact with the a~a's commisioner.
Feb. 27,1995 1 met with Ivflke Kirby, Bob Mulher~ and Dennis Mazzone. I provided them my
narrative ~_kv! "Big Cypre~", along with seven client sta~ments. Mike gave me a copy of Iris
2-22-95 memo lo Commi.fioner Beixye Mw. hews which was in response to my contact. We further
discu.u, ed surve.y data and relea.~e waivers. Pe~1abil.k7 of tgi sa'uctures other than hunting camps
and stora&e n~ ~ was acknowledged. Bob ~ ~fn'med Mr. Clark's ~tective. that
he a~l Mike K~'b7 prepare a generaJized execudve su2r, m~ for presentation to BCC, addressing
associa~at L%sum in such a way, ts to ~low admL,~stra:ive proc_-~-_s'_mg of '~ft~r the fax:t' certificates
of occupancy for each parcel.
SEP 0 2 1997
March 15, 1995 M~eting once ~ga.~ with Richard Clark &nd M~ke Ekby. specU'~.~ were
~ ~n rel~on to wa~e d~x)saI ~nd land u~e. I expLt~ed the r~d~u' p~: and upcoming
~lvqe e~forts, includ~n8 their pan ~n plac~n~ ~ in the ~clion 9 "j~d' w~ w~
~~ ~ ~e 19~'s. ~wo sdv~e ~fi~ ~ ~ si~ ~mp~ ~ve ~ ~du~
~ ~~ ~on ~y ~v~. ~6~ 16 ~ no ~g= ~ ~e~.)
We further ~ ~g of · zoning overlay in regzr~ to on site s~ora~e of the various
vehicles, equipment and pans net'__~__~kated by the ~griculturil, self s~rvice nature of the
commu~ty. This discu~ion included slorage mobile homes. Mr. Clark said thai I would need to
clarLfy justfflcazion in order for BCC to al)prove.
I w~s still trying for the a~cepunce of a 'hold h~m]ess' waiver releasing the county of any
cor~c~on U~ty and offered anaO',ment of same m deed. but Mt. Clark did not concur, lie
wanted "as built' plans and £ma.1 inspections for the '~'ler the f~t" permits and subsequent
ce'rfific3les of ~pancy. Issues neoding Io b~ addressed by BCC would be: a~oproval of permit
requirements and a.s. soci~.d fees. along with zoning overlay
March 31.1995 Mike Kirby, in hLs office, sug, gest~d that I ask BCC for waiver of aLI 'al'mr the
f~t' c.e~t~caz~ of occupancy bec3~,e of impoasibRity lo integra, tir in.~pect rmlshed structure.
FurU'~. that I request permission from the Big Cypress National Preserve (BCNT) lo build storage
smacmres. He. aJong with Bob Mulheve, felt tha~ ] should specifically identify the Kermeys and
ask for legal noncorfformlng use. These suggestions were made in such a way tha~ I felt it
necesaa, ry to corff'n'm t.heh' intent Io prepa~ the ~n.m~rna.ry for BCC and did. The poinL the)' sa. id
was tl~t their recommendations might not be as favorable for my clients as mine.
April 12.1995 was my last cont:,ct with Richard Clark. when he auzhofized t~mporary permits with
no fee, in order for H. RS ~'pfic sys~rn applications to be ~. We alta-ed exiting forms and
~ M~e K.~oy's case numbers as permh numbers. AJbe~t unorthodox, it w~ a prompt a~d
effective solu6on to a problem.
I wu occupied with s~tic sys~-m.s ~d a vacation fl'u~ugh the f~l w~ ~ May. ~ May 9. 1995
I ~ ~ ~ ~e ~y. who w~ ~m ~ ~ a ~~ s~ ~sifi~. m ~ how
it w~ gong. No~g had ~ done s~ my lut ~iL ~t he ~ ~t ~e ~' w~ s~ ~
~ '~'. I w~ aw~e ~at ~. CI~ w~ gone ~d ~ d~t o~fio~ w~ B ~o~.
I ~ ~d~&g. I w~ not ~ a h~ ~ he w~'t. u I s~ ~ ~fic ~d ~ con~
to ~. I off~ to ~ of ~y ~i~ ~at I ~d ~ help~g to p~ ~e c~ for
~fi~ m BCC.
I ~.lephoned and stopped by Mike's office several ~ throughout fl'm next three months to keep
him appri.se~ of my efforts. Hi~ handling of the situation remained at a standstill.
SEP 0 2 1997
Aug. 30, 1995 1 me~ with ]~rn ~s he was b~_..k a! h~s previous posh~on tnd ready m ad~ o~
~. He ~o~ ~ ~ ~e w~ a new d~t~ on ~e way. L~ ~. h w~ not ~
r~. My ~e ~ ~ e~ ~e ~ ~d wh~ he ~ ~ ~v~ w~ ~ ~ ~
u~a~. I ~ ~ do ~. He ~ ~at he w~ r~[ a ~8~ ~ f~ ~e C~V
A~ey's ~, u ~ by ~. Sul~v~, ~ ~e ~ ~ o~ ~ ~
Occuiond inqu~ies reveaJed tn extended wdtlng ~. ~e op~ wu F~y ~ ~
A~ 16, I~6, ~ s~ ~d ~e h~ mon~. I w~ not aw~ of iu ~pt or ~n~t ~ May
1st, wh~ ~e ~y, ~ ~ ~~gv~ ~m ~ ~d ~A ~e ~ ~o~
~t ~ ~e ~s~ ~d ~va~ nei~rh~. ~ey h~ ~ ~ p~ Noble of~ ~
~n ~em ~ ~e ~ ~ for w~ I h~ ~ ~c sy~m ~. I ~~ ~d
~o~ ~em ~ ~ey ~o~d have ~ ~ ~t ~ I w~ld Mve m~e ~~u ~ ~e
~ o~. ~ ~ ~d ~Io~, but s~ e~ ~, ~ ag~t f~ ~e o~, ~
ob~ge ~em. I d~.
BCNT's Kevin Kac, er and DCA's Rebecca Jenon claimed interest in se'pUc sysxtm pmgres.sion.
MLke sdd he needed lo clazLfy and upd. a~e the property conditions. He appris~ me of the lega]
opi~on L~'ued by Mar~cr~e Student and le~ me glance at it. In my understtnding, the gi~! w~s that
no building official had ever had the authority to do as was done in telling proper:7 owners that
they ~d not hoed to ob~u~ pen~ts. (I assume that sm'ne would apply in sb~tRiar dL"ectlves to the
elec~c company to do t~e~r o~,'n inspections for inst~lagon of service....") Fuzther. that irnp~t
fees couJd onJy be cJ'bvged at the rate in effect when the homes were bu~t. Mike even went so far
as to ref~ to the poasibilit7 that perrr~! fees could be. dealt with in the sarne way and said thai he
wouJd check.
M~ke said thai he would be Lr, suing new notices of violation as instructed by his superiors in
response lo the ]egaJ opinion. On two subsequent and ~heduled May visits, where I escorted him
to the properties, he reevalumd some structures as not needing permits and offered that storage
mobile homes were now permlt~hle. He zl.so informed me tha CDS personnel were 'le. an~g
towards' the requ.b'ement of present day impact and perr~t fees. The corn~uni~/waized tmtil
receipt of the new notices before we responded. As they began arriving, calls to Code
EMorcernem revealed Mike ICL'by to be on var~gon and BLIi Bolgar Io be unaware of the situagon.
Further contacts with Ed Perico and other CDS surf conf'u'med inmm to address my clients' homes
as E they were not yet built in regards to fees.
The foregoing events led m my meeting with you.' Your prb-nar7 concern seemed to be Ms.
Student's legal op~on. You cited the two stmernents in the thud para&raph as contr'ax:~lroy and
felt the need to confer with her as to correct inte~)retation. I have since obtained my own copy
and the second stxtemenL '~. only the imp~t fees in effect when the improvements
were built are appl~ca, ble and only at the then effec~ve rate.", teems only lo more clearly define the
f'u-s~. Although. I understand via Mrs. He,y. !h~_! Ms. Student was under great ~ during the
~g of her opL.~on znd may have ~demood Ms. AsMon'a edvlsement. Further, that you
have d.b'ect~cl Ms. Student m prepare an addendum.
SEP 0 2, 1997
,..
At ou~ meeting's end, l ~ed d~at you do whtt you could to resolve d~s ~n a fa~' mariner.
Pro'.,idins '~-bu~' draw~Ss and sub~tting to ~'mal ~nspections could be ~ ~o as far. Some
token anx~nt such a.% d~e ~ti~y-six d~tlar per ='adc ~nspect~n fee presently in effect, would also
be fa~'. (The'l~80 feeforl:~.n-~.~is~uedw~s$40~ fold.) ln~act feeslh~td~dn'texistw'nenthe
homes were bui,lz, for an a~'~a d~t doesn't have and/or make u.te of ~ ~ and
pennkting u existing when the7 were actutlly bu~t, and in doing so, eliminate as impac~ fee
Sincerely.
Debi K. f~e
SEP 0 2 1997
,,,..~.. ~ ..,,.,~
~>m
SEP 0 ~ ~
_ ~.~
EXECUTIVE SUMMARY
FINAL REPORT ON THE UPDATE OF THE INTEGRATIVE CORRECTIONS
STRATEGIC DEVELOPMENT PLAN
~)BJECFI'VE: To present the findings of the consultant's investigation pertaining to the need
and timing of aAditional ja~] beds grid related f~ilities.
CONSIDERATIONS: On April 22, 1997 under ~genda item liB(l), the Board of County
Commissioner~ awuded a eomraet to the V Oroup of Florida, Ir~. to update previous reports
related to the County's correctiorml system. The attached draft Exeoative Summa~ includes
data, idcmifies key issue~ and recommendations with respect to jail operations, inmate housing
nr, d Sheriff's operstiorts. The draft report also includes recommendations for · revised Level of
Service Standard for jail beds.
The analysis wu conducted in cooperation with members of the Board of County
Cow,i~ssioners', Sheriff's and Public Safety CommiRee atfff. The findings were also presented to
and reviewed by lhe Public Safety Committee and certain members of the Productivity
Committee.
Staff is seeking direction with respect to proceeding with design related services pertaining to
recommended capit~l k, nprovement projects for either the Immokalee Jail Cemer, Naples Jail
Center or other ~ddkions to Building J on the n~n County campus.
FISCAL IMPACT: Construction doila~ for the N~le~ Jail Center and the Immokalee Jail
CerJter are inch~dcd in the FY98 b~dget, but are dependent on · debt issue, and no
repayment pledge ,hss been identified at this point. For FYg$, design funding is available for the
Immokalee Jail Cemer from dolhr~ that have been c,m%d forw~d from previous fir,:~ years. If
the Board dedres to commence with any design or construction related r~Mce~ prior to
identifying a funding source, staffwill present a follow up budget amendment item as needed.
RECOMMENDATIONS: That the Board of County Commissioners 1) accept the findings in
the sttached Executive Summary of the Upd~e of the Integrative Corrections Strstegic
Development PI,m, and 2) provide guidance to ~ with respect to proceeding with some capital
improvement program which is consistent with the County's Growth Management Plan ss it
relates ~o the Jail Level of Service requirement.
Prq~ared by: Adolt:o A. Go~h~le2, P.E~/Cap~at'~roj~-t~ Dh'~-tor
Ed Ilsc~,'"el~lic Works Administrator ---
Date:
Attachment: Executive Summary of the U~txlate of the Im _egrative Corrections Str~teSfi_'c
Development Plan dated September 2, 1997
Update of the
Integrative Corrections
Strategic Development Plan
BOARD OF COUNTY COMMISSIONERS
Timothy L. Hancock, Chairman
John C. Norris
Timothy J. Constantine
Pamela S. Mac'Kie
Barbara B. Berry
CO UNTY ADMINISTRATOR
Robert Fernandez
SHERIFF
Don Hunter
Executive Summary
September 2, 1997
The V Group of Florida, Inc. · 5150 N. Tarrdarni Trail, Suite 303 · Naples, Florida 34103 · (941) 263-3700
C~p~l
Table of Contents
Introductory Letter
Key Issues
Key Recommendations
Introduction
- Background
- Project Objective
- Value Added Service
- Organization of the Document
Dynamics of the Criminal Justice System
Alternatives to Incarceration
Inmate Population Profile Projection
Facility Needs
Chalet $ Operating and Capital Costs V- . _--'67 --l. ~
V GROUt Of FLORIDA. INC.
August 22, 1997
Board of County Commissioners
3301 East Tarniami Trail
Naples, Flo,"kla 34112
Dear Commissioners:
The V Group is pleased to provide this Executive Summary Report on the Update ofthe
Integrative Corrections Strategic Development Plan. We appreciate your comSdence in
our corrections exp~'ience.
The scope of work for the study included updating the following chapters of the 1991
Strategic Plan:
Chapter III - Dynamics of the Jail System Population Growth
Chapter IV - Inmate Population Forecast and Confinement Capacity Plan
Chapter V - Alternatives to Incarceration Evaluation
Chapter VI - Analysis of Facility Needs
In addition we proposed and have provided within the report value added services
analyzing the per diem operating costs of the County facilities.
Our analysis has confirmed'Collier County's needs for additional jail housing, support
facilities and corrections related s~-vices as the population continues to grow. Further,
our analysis of per diem rates gives an indication of the efficiency and effectiveness of
current operations. In addition, our findings indicate that a multi-phased building
program focused on minimum and medium security housing for inmates will yield the
most effective use of available revenues.
Board of County Comrnissioners
^u~'t ii, I~97
Page Two
We are looking forward to the opporttmity to present our detailed report and £mdings in
the wceks ahead. Please feel fi'ce lo call me directly ifyou have any questions about this
Executi','e Summary or the full report.
Sincerely,
LOP, IDA, INC.
.reffrey A. Nurmer, P.E.
Vice President
.lAN:smc
~tive Corrections Strat~ Plan
Collier County Florida
County growth continues to impact the criminal justice system.
Adult offenders continue to increase.
4% to 6% of all offenders are ac~ually in jail.
Attematives to incarceration in place are reducing the populatio:~ in ja~,
Pretrial male inmates comprise the most significant prisoner population.
Baseline projection range equals 2.42 to 2.65 per 1,000.
Classifying characteristics of offenders in jail.
Identifying programming needs for the offenders in jail.
Special needs of the criminal justice system in Collier County.
Work Opportunity Restitution Center (W.O.R.C.).
Establishing staffing needs.
Effectiveness of the system and the speed with which these offenders move through
the system.
Improvements in jarl operation management.
Consolidation of sheriff's operation.
The V Group of Florida
1.1 Executive Summar~
U~pdate of the Intesratt've Corrections Strate$1c Development Plan
Collier County Florida
KEY
RECOMMENDATIONS
Ail components in the crfmlnal justice system mu~t increase in size and operating
budget to accommodate growth.
- Develop an offender based tracking system (a computer system tying together all
components in the criminal justice system}.
- Alternatives to incarceration should expand ~ offender growth.
- The projected level of service for jail beds should be 2.65 per 1,000 of the peak
population.
A total of approximately 1,000 rated beds are needed by the year 2005 in a staff
efficient design.
Approximate bed breakdown:
250 maximum security beds
400 medium security beds
350 minimum security beds
Approximate gender classification:
860 male beds
120 female beds
20 juvenile beds
Add 50 beds for disciplinary detention needs.
All maximum security beds are to be located at the Naples Jail Center.
- Replace existing Immokalee facility with medium and minimum security housing for
192 male inmates,
- Support facilities at Immokalee are to be shared with the juvenile offender D.R.I.L.L.
(..D. iscipline, Respect, Integrity, J=eaming, and Leadership) Academy.
Construct 240 bed expansion at Naples Jail Center for minimum security housing
(dorm housing), This could include the Work Opportunity Restitution Center,
Add adequate support space at Naples Jail Center to provide necessary programs
for entire inmate population.
Provide central intake center and medical/mental health at Naples Jail Center.
('.).
The V Group of Florlda
/.2
Eaecutlv, e ..~tmmary ,...
7
Update of the lnteilrative Correction~ Strate$ic Development Plan
Collier County Florida
The sheriff's department should be consolidated into Budding J.
Expand sheriff's office space in Building J by 45,000 square feet for a total of
appro:dmately 75,000 square feet on 3 to 4 floors.
Tht V Grmtp of Florida
Extcutlve Summary
~rative Correct~on~ Strate lc D~._.~.~ Plan
Collier Coun~
The sheriff's d'epartment should be consolidated into Building J.
Expand sheriff's ofr~.e space in Budding J by 45,000 square feet for a total of
approximately 75,000 square feet on 3 to 4 floors.
Tht V Group of Florida
Executive Summary
~rative Correctlon.~ Strate lc Develo merit Plan
Collier Coun~
BACKGROUND
The original Col!ier County Integrative Corrections Strategic Development Plan was
completed in 1991 by the Correctional Services Group, Inc. The report recommends a
comprehensive series of changes in the basic workings of the criminal justice system and
provides a forecast for jail space needs for a period of twenty years. In addition, this
document has proven to be an accurate indicator for predicting trends and growth in the
Collier County justice system. Collier County's population continues to grow at a rapid
rate which, in turn, has affected all aspects of the criminal justice system including the
judicial system, inmate housing, jail operations and sheriff's operational facilities. As a
result of these significant changes over time to the Collier County criminal justice system,
the 1991 Integrative Corrections Strategic Development Plan was not an accurate
representation for today's Collier County needs.
Consequently, on March 25, 1997, the Board of County Commissioners authorized the
Collier County Office of Capital Projects Management to receive proposals to update
existing correctional planning data. The V Group of FJorida, Inc. was selected to update
several chapters of the 1991 Integrative Corrections Strategic Development Plan. This
update will be used to identify capital budget needs for new construction for the County's
199'7-1998 fiscal year and to aid in developing costs associated with pending impact fee
rate studies. In addition to the 1991 study, other supporting documents including the
1989 architectural program for the Justice Center Expansion which was prepared by
Winsor-Fadcy and a 1993 Forecast of Collier County Detention Needs which was
prepared by Correctional Services Group, Inc. were useful tools for this update report.
PROJECT OBJECTIVE
The objective of this report is to update the following chapters of the 1991 Strategic Plan:
Chapter III - Dynamics of the Jail System Population Growth
Chapter IV- Inmate Population Forecast and Confinement Capacity Plan
Chapter V - Alternatives to Incarceration Evaluation
Chapter VI- Analysis of FacUlty Needs
The information gathered for the updates of these chapters was used to develop an
implementation plan for the short term (3-5 years) and mid-range (5-8 years) future. This
implementation plan is exhibited through a series of steps, which was outlined in our
proposal. This 'seven step process" is used to gather data, analyze data, develop a
project direction and make recommendations. These steps include:
Profile Inmate Population - establishing the characteristics of offenders in jail.
Outline Existing Programs - identifying the programming needs of the offender
in jail.
The V Group of Florida
~rative Corrections Strate ic Develo ment Plan
Florida
3. Examine Current Criminal Justice Operations - updating the role of the criminal
justice system in case processing.
4. Identify Alternatives to Incarceration - determining the impact of existing
programs and ident~ying other alternatives.
5. Identify Trends and Projected Growth - understanding the effect of the rate of
growth of Collier County on the criminal justice system.
6. Develop Space Requirements and Program Needs - translating the findings
into space needs for new construction.
7. Produce Final Report - providing a document that can be used as a road map
for the future of the criminal justice system.
VALUE ADDEDSERVICE
Through planning correctional and law enforcement facilities for over forty years, it is our
goal to identify the comprehensive, financial commitment picture at an early planning
stage. We recognize that decision-makers require complete information to evaluate
operational and philosophical issues, which will lead to a construction program. This
includes construction costs, operational costs including staffing needs and a schedule of
implementation. Since many planning variables exist, the goal of this value added
recommendation is tc give the decision-makers a total scope and order of magnitude of
the project so that critical issues such as project financing can be incorporated into the
plan. The recommendation will be based on a flextie expansion approach which will
permit operational latitude and incorporate efficiencies which will facilitate growth and
change.
ITEMS NOT INCLUDED IN UPDATE
The scope of this update covers Chapters III, IV, V and VI of the 1991 Integrative'
Corrections Strategic Development Plan, but does not update Chapters I and !1.
Chapters I and II from the original report have provided a valuable base of information
about the offender profile in the criminal justice system and the detailed workings of the
system. Since, the original strategic plan provided a comprehensive understanding about
offender profiles and the function of the entire criminal justice system, this updated report
will not include any additional information regarding these subjects. Instead, this update
will focus on the manner in which these factors affect jail population.
The V Group of Florida
1.5
E~ecutlve Summary
~ative Corrections Strate~
Collier Coun~
ORGANIZATION OF THE DOCUMENT
The document organization reflects the model of the Collier County criminal justice
=,¥stem. The analysis begins wi~h an examination of the entire population. This
examination includes criminal activity, identification of adult offenders in the criminal
justice system in terms of alternatives to incarceration or jail housing and
recommendations for a solution to accommodate these offenders.
Chapter 1 of this updated report provides an update of Chapter !11 from the 1991 report.
This chapter identifies the projected growth of the jail population both in the short-term
and mid-range future. This section also provides a review of the governmental and
private entities which comprise the criminal justice system as well as the impact of these
entities on offenders. In addition, summaries and proiections from the 1991 report are
included in order to evaluate changes in the current system and establish a base for
future trends.
Chapter 2 of this report updates information presented in Chapter V of the 1991 report.
This chapter examines alternatives to an offender spending time in jail. The examination
reviews programs which are currently being used by the county and the efficiency of each
of these programs. Alternatives for pretrial and sentenced offenders are also reviewed
and associated costs for these programs are identified.
Chapter 3 of this report updates Chapter IV of the 1991 report. This chapter identifies the
expected growth and classification of the inmate population. This section includes
projected quantities in terms of bed space and outlines program needs for inmates who
are in the jail.
Chapter 4 of this report updates Chapter VI from the 1991 report. 'This chapter provides a
space solution, construction costs, staffing and operating needs for each of three
categories. These categories include inmate housing, jail operations and sheriff's'
operations.
Chapter 5 of this report presents a comparison between the operational costs and capital
costs associated with facility expansion. This chapter provides recommendations for
staffing needs and provides a tentative project schedule.
CHAPTER 1 - DYNAMICS OF THE CRIMINAL JUSTICE SYSTEM
The goal of this chapter is to identify the projected growth of the jail population both in the
short-term (3 to 5 years) and mid-range (5 to 8 years) future. This obiective can be
I : II
U ate o the lnte ratlve Corrections Strate~rnent Plan
Collier Cou~ Florlcla
achieved by defin;ng those forces which affect indMduals who become part of the
criminal justice system. Each of these forces provides measurable information on who
enters the criminal justice system, how long they stay, what services they require and the
I~elihood that they will require treatment programs.
The cdminal justice system is a complex series of interrelationships which must work
together to fulfill all legal responsibilities and respond to the expected community
standard for addressing criminal behavior. The Collier County criminal justice system is
comprised of the following departments:
County Administration
20~ Judicial Circuit - Judiciary
- State Attorney
- Public Defender
- County Probation
Clerk of Courts
Sheriff's Office
Naples Police Department
State Parole and Probation
Alternatives to Incarceration
The ability of each of these departments to move offenders through the criminal justice
system has a direct effect on the number of individuals in the system at any given time
and the length of stay of these individuals.
Key issues which affect the projected growth trends of the county's offender population
include:
- Size and growth of the county population and related attributes (See F~gurel)
- Law enforcement improvements
- Arrest and booking rates (See Figure 2)
- The court system and related components
- Alternatives to incarceration
- Secure jail detention and use patterns
The peak seasonal population of the county in the year 2002 is expected to be 351,989
and climb to 379,401 by the year 2005. Although the jail population is expected to
increase, this increase will not occur at the same rate as the general population. The
The V Group of Florida 1.7
Executiv~ S~nmary .....
~rattve Correcttottr Strate~t Plan
Collier County. Florida
table below demonstrates the relationship between the county and jail population' and the
sffect each other has on the other.
AVERAGE
% INCREASE DALLY
COUNTY COUNTY POPULATION % INCREASE
YEAR POPULATION POPULATION (A.D.P.) IN A.D.P.
1990 215,645 - 450 -
1995 261,714 26% 522 16%
2000 330,780 6.4% °877 68%
2002 351,989 7.7% °943 7.5%
2005 379,401 '1042 1 (Y','~
CHAPTER 2 - ALTERNATIVES TO INCARCERATION
GOAL
The goal of this chapter is to identify the existing alternatives to incarceration and
determine the impact each has on the criminal justice system. In addition, viable
alternatives will be identified which can be considered for future implementation.
!NTRODU~/I'ION
The Collier County criminal justice system has expanded over the last six years to include
several alternatives to incarceration which have had a significant impact on the inmate
population. In 1991, the Integrative Corrections Strategic Development Plan included
eight recommendations which, when implemented, were supposed to significantly reduce'
the number of Droiected iai! beds. The objective of alternatives to incarceration programs
is to protect the public through punishment and/or treatment of the offender without using
a jail bed. The extent to which these alternatives work is driven by community
acceptance of alternative treatment programs within the rrnits of public safety. The Work
Opportunity Restitution Center 0N.O.R.C.) program, which was mentioned early in this
document, is not operational or established at this particular time; however, this program
could be utilized as another effective treatment ~olution. Furthermore, although this
program would require minimum security beds, these beds would already be accounted
for in the overall rated jail bed number and are not add'~onal beds.
CURRENT PRQ(~RAM~
Collier County has several significant tools and resources which serve as alternatives to e
The V Group of Florlda 1.8
~ --...13,. ~
~rative Corrections Strate ic Develo ment Plan
Florida
incarceration. Furthermore, the judiciary is actively involved in the use of these
attematives. Current programs include:
Bond Schedule
Pretrial Release Program
Pretrial Diversion through State Probation
County Probation (and related referral agencies)
State Probation (and related referral agencies)
Electronic Monitoring
David Lawrence Center (In Patient Program)
In the last five to six years, alternatives to incarceration have provided significant relief for
the use of jail beds. Data indicates that 180 to 200 beds were not required as a result of
the use of alternative programs. These numbers indicated that these types of programs
have helped to substantially reduce the number of required beds. Based on this
information, these alternatives should be closely monitored and increased with regard to
general and criminal justice population increases.
CHAPTER 3 - INMATE POPULATION PROFILE AND PROJECTION
The goal of this chapter is to identify the characteristics of the inmate population, to
determine security and classification needs and to identify programming opportunities. In
addition, this section will develop projections for inmate growth and identify jail bed space
requirements needed in order to accommodate this growth. Figure I through Figure 5
(inserted in the back of this report) show population, bookings, arrests, court movement
and adutt offenders in the Collier County criminal justice system. Any one of these factors
could affect the criminal justice needs of the county.
Chapter IV of the 1991 Integrative Corrections Strategic Development Plan focused on
the capacity needs required for Collier County jail facilities. The 1991 forecast for jail
beds was based on an analysis of historical events, criminal justice policy and trends
regarding the projected population growth within the county. At the time of the report's
writing, many of the projected alternative sentencing options were not being actively used
and, therefore, the stated capacity in the planning forecast was not achieved (See Figure
6). Three forecast models were used in the 1991 report. These models include a high
rate, the mid-range rate (which was identified as the planning forecast) and the Iow rate.
The report also included associated presumptions and projections for each model.
The V Group of Florida 1.9
E. xecuth~e ~ht' "m~ru~ry'
~rative Corrections Stra~ment Plan
Collier Coun~
The high forecast was based on the highest jail ~:~opulation rate for Collier County which
occurred in the 1987-88 fiscal year. These 1987-88 population numbers were used to
project the ADP for the future. As a result of the high forecast model, the ADP is
pred~led to be approximately 910 beds for 1996 and 1,081 for the year 2000.
The planning forecast, which was the accepted reference model, assumed that arrests
would continue to grow at a steady rate each year. As a result of this growth, the criminal
justice system would need to make adjustments or improvements. However, these
changes would not dramatically impact the system's bask: functional approach. Based on
this assumption, a ratio of 3.0 beds per 1,000 population was used as a forecast base.
This approach suggests that staff be added in order to keep pace wffh the growing
number of individuals entering the criminal justice system. However, procedures are not
necessarily improved and, therefore, as jail population fluctuates the changes are
managed and controlled through 'reaction" and do not necessarily improve the efficiency
of operation of the system. This model recommends that the projected ADP for 1996
would be approximately 730 beds and the projected ADP for the year 2000 would be 877
beds.
The Iow forecast model utilizes the same rate of increase as the planning forecast model;
however, these models differ with regard to improvements in the system. The Iow
forecast model recommends that continuous well-planned improvements be implemented
throughout the entire system. These changes are designed to increase the efficiency and
operation of the system. As a result, a ratio of 3.0 beds per 1,000 population, similar to
the planning forecast model, was used less 20% for a forecast base of 2.4 beds per
1,000.
Therefore, this model projected that an ADP of 600 beds would occur in 1996 and an
ADP of 701 would occur in the year 2000.
Although these models provided the county with a base for forecasting, the models.
proved Io be only theoretical approaches which could be affected by many outside
factors. Figure 6 shows the high planning and the Iow planning forecast from 1990
through 2005 as well as the actual jail population from 1990 to present.
In addition, Figure 7 shows an average 'snap shot" of the types of offenders which are
housed in the Collier County jail system.
The calculation for determining the projected number of required jail beds is a
combination of several factors including the base forecast, peaking factor and the
management factor.
-The base forecast is the average daily population dMded by the peak county
population. This base forecast has varied greatly over the last seven years ranging
The V Group of Florida
1. I0 E.~ecutlvt, Sdn~.nary ~ '
~ tE
U_~rative Correction~ Strate ic Develo ment Plan
Collier Coun~ Florida
from 1.5 per 1,000 in 1992 and 1993 lo 2.14 per 1,000 for this year (up through
June). Based on this information, we propose that a range of 2.0 per 1,000 to 2.15
per 1,000 be established for the base forecast. (See Figure 9)
-The peaking factor is the projected rate by which the actual jail population exceeds
the base forecast. Based on criminal justice standards, we propose a range of 10%
to 12% be used for the peaking factor.
-The management factor reflects the flexibrlity of the facility to handle the varied
inmate populations. Based again on criminal justice standards, we propose that a
10% management factor be used. (See Figure 8)
-Rated beds are those beds which are occupied by a prisoner 100% of the time and
that are counted as such in the number of required beds for future expansion.
-Special beds, which are needed, are occupied by prisoners as a result of some
specific incident. These beds include those in the medical area, disciplinary
segregation and intake/booking.
.FQRCAST RANGE
Base Forecast
2.0 per 1,000
2.15 per 1,000
Current Peak Population
286,142
Peak Population - 2005
Projected ADP in 2005
Peaking Factor at 10%
379,401 379,401
759 816
76 98
Subtotal
835 914
Management Factor
Projected Rated Jail Beds
Special Beds
84 91
919 1005
50 50
Total Number of Beds
969 1,055
!NMATE CLASSIFICATION
Prisoners are housed in the county's jail facilities according to the State of Florida Model
Jail Standards classification system. Since inmates can differ in terms of type of
The V Group of Florida
1.11
~rative Correctlon~ Strate~ent Plan
Collier Co~ty Florida
classification and number of inmates in any given classification, these facilities must
provide suitable housing to match these needs. In addition, inmates may require
additional spaces to accommodate programs that may be required by a condition of their
sentence. (See Figure 7)
Bed classir~,ation includes maximum, medium and minimum security housing units for
male and female prisoners. Rated. beds are also provided for special management
inmates including classification units and protective custody housing.
In addition to rated beds, jails include 5% of the total beds to be added for special
requirements and, therefore, fifty beds should be added to the county's facilities to permit
removal of male and female offenders from rated beds for disciplinary or medical
reasons.
CHAPTER 4 - FACILITY NEEDS
GOAL
Th~ goal of this chapter is to develop square footage requirements, related construction
costs, and jail staffing requirements for inmate housing, jail operations and sheriff's
operations. In addition, the three to five years (short-term) and the five to eight years
(mid-range) facility expansion needs will also be presented.
.EXISTING FACILITY DESCRIPTIONS
The Naples Jail Center (Building J) was constructed in 1985 to house 306 prisoners and
to provide functional space for jail and sheriff's operations. Throughout the next ten
years, several areas of the facility were double bunked due to the rise in the prisoner
population which brings the total number of rated beds to 582. The total area is'
approximately 118,300 squ.are feet on two floors and is subdivided as follows:
Jail Housing
Jail Support
Sheriff's Administration
62,500 square feet
27,800 square feet
28,000 square feet
The Immokalee Jail Center was constructed in 1961 to house 172 offenders. This facility
houses minimum and medium security prisoners in approximately 18,000 square feet.
The facility', which is scheduled to be replaced, is subd'Mded as follows:
Jail Housing
Jail Operations
12,000 square feet, 172 rated beds
6,000 square feet
The V Group of Florida
1.12
Executive ~ ;. ' ' ' !
Collier County
The sherifrs office (Budding A) has several departments. These departments, which are
located, on. .two_f_o?rs, assist_ in the sheriff's operations. The total ~Jare footage
approx~mam~y ze,3oo square feet.
FACILITY EXPANSION
In order to accommodate the shod-term (3 to 5 years) and mid-range (5 to 8 years)
PthmeJe..c o.ns, e.x.p, an..sio.n in ~..e form o.f ~ construction is necessary. New construction for
d_t_~__a~l_e~ ,J~a_~ _~.~e_ _re_er w~![ consist o~. o. nly..d.o .r?lto.ry irb/4e housing_. The county has
~::~_~[,_,~,_.~u_u,~,r~__ n__e~., ce~s are .ne .eo_ea within, me nou. sl.ng areas of this facility. Other
~u,uu us ja, opera;ions aha sheriff's operation mus~ also be expanded to effectively
handle the increasing criminal population.
Inmate Housing
Naples Jail Center
New Immokalee Jail Center
582 existing beds, 240 new beds
192 beds
Jail Operations
Naples Jail Center
-New Intake Center
-New Medical/Mental Health Unit
-New Program and Support Spa.c~., for Inmat? Housed
-Program and Support Space for Outpatient Offenders
New Immokalee Jail Center
-Intake Center
-Medical Unit
-Programs and Support Space for Inmates Housed
-Program and Support space for 'Outpatient' Offenders
-Shared Program and Support Space for D.R.I.L.L.
Sheriffs Operations
Building J - ExpanSion to accommodate divisions currently housed in Budding A and
alleviate crowded conditions in Building J. Also, programmed space will also be
renovated in order to better organize and refine the sheriff's operations.
Ft~ y Gro~ of, Florida l. l J
U dateothe lnte rative Correction~ Stra~Plan
Collier Coun~ Florida
PAN I N R IR M
Collier County Jail System
New Immokalee Ja~l Center
Housing
Support
Naples Jail Center
Housing
Support
Total
Current
Square Feet
62,500
27,800
90 30O
'Existing Immo~lee Jail Center to be demor/shed
Ex~ion
19~00
Expansion
Square Feet
44,400
49,200
g3,60o
62,500
27,800
Sheriff's Central Admini~tratlon
Building A
Building J
Total
29,300'
27,800
57100
· To be relocated to new add'#ion at ButTding d
45,000
45 000
CONSTRUCTION COSTS
Construction costs will be based on the final 'mix' of housing types and support space
required for the jail construction. Consolidation of the sheriffs office at Builcrmg J will
require careful cost analysis, since the existing facil'~y was planned for future vertical and
horizontal expansion. Costs will continue to be developed as this report is finar[zed.
QPERATING COSTS
Operating costs will be developed in conjunction with a conceptual design solution.
Evaluation will include housing unit size and supervision type as well as projection of
expected increases due to expanded square footage, r .........
The V Group of Florida !. 14 Exectttive Sttmmary
U_~ive Correctton~ Strate ~ D~e~tan
Collier Count~ Flor~a
CHAPTER 5 - OPERATING AND CAPITAL COSTS
The goal of this chapter is to properly assess the expansion needs for the Colr~er County
jail system. The operating costs for the Collier county jail system can be reduced by
appmximatety 12% with a staff efficient expansion, After reviewing the needs of the
facility requirements, the following analysis of the current and expanded rated bede,
staffing and operational costs was developed,
P I N T
The addition to the Naples Jail Center and the rebuilding of the immokalee fac~3ity will
reduce the daily cost per bed by approximately $.5.00. This is a yearly saving of
$1,850,550.
OPERATING
~T AF F I
RATED STAFF OPERATING COST COST/
FACILITY BEDS BED RATED BED
Current Collier County 754 171 4.41 $14,150,500.00' $51,42/day
Ja~ System
Immokalee Jail
172 25 6.88 $ 1,712,829.52
Center - Eliminated
Naples Jail Center Only 582 .146 3.99
$12,437,170.48
$27.28/day
$58.55/day
New Immokalee
192 25 7.68 $ 1,761,313.33 $25.13/day
Jail Center - 2003
Naples Ja~ Center
240 30 8.0 $15,315,186.67 $51.05/day
Addition
Projected Collier County
Jail System for 2005
1014 201 5.04 $17.076,500.00 $46.14/day
*Estimated cost ff all 754 beds are occup/ed.
o
%
*.
The V Gmup of Florida
1.15
Executive Summary
~ative Correction~~ent Plan
Collier Co~ 0
The following section descn'bes, in detail, the overall budget for proposed future
renovations and additions to the Collier County Jail system,
New Building Costs
Renovation Costs
Site Costs
Telecommunication
Furniture and Equipment
Subtotal
Contingency of 10%
Inflation to Midpoint of
Construction at O, 18%/month
Subtotal
Other Costs
Architecture'Engineer Fees
Construction management Fees
Survey/Geotechnical fees
Testing/Inspections
Miscellaneous Expense
Subtotal
Project Total
~le~ Jill Center
$13,680,000
$ 4,050,000
$ 230,O00
$ 280,000
$18,288,000
$ 1,828,800
$21,822,704
1,745,816
982,021
55,000
200,000
16o.0o~
3,142,837
$24,965,5~1
Imrnoka....~lee Jarl Center Total
$3,300,000 $18,980,000
-- $ 4,050,000
$ 210,000 $ 440,000
$ 120,000 $ 400,000
~ L~
$3,870,000 $22,158,000
$ 387,000
$4,413,657
$~,~2
$ ~0,6~
$ 11,~
$ 40,000
$ 2,215
$26,236,361
2,050,358
1,202,703
~,ooo
240,000
3,752,061
7'~ V Gro~ of Flod~
1.15
! .
~ratt've Corrections Stra~ Plan Collier County Florida
The following section descn'bes in detail the overall budget for the Mute renovations and
additions to the sheriff's central admln~tration area.
New Building Costs $4,140,000
Renovation Costs $1,420,000
Site Costs $ 110,000
Telecommunication $ 350,000
Furniture and Equipment $ 600.000
Subtotal 6,620,000
Contingency of 10% $ 662,000
Inflation to Midpoint of Construction
at 0.16%/month S 729~79~..
Subtotal $8,011,792
Other Costa
Architecture/Engineer Fees
Construction management Fees
Survey/Geotechnical fees
Testing/Inspections
Miscellaneous Expense
Subtotal
717,281
398,789
19,924
79,697
9.773
$1,275,464
Project Total $9,287,256
We recommend that Phase 1 of this project involve replacement of the Immokalee Jail
Center. This phase will include providing swing beds wh~e the Naples Jail Center is
being constructed. Phase 2 would Include the addition of new beds and support areas at
the Naples Jail Center. Phase 3 would include the renovation of the existing Naples Jail
Center and Phase 4 would include the renovation and expansion of the sheriffs central
administration space. The following diagrams and project schedule indicate the project
phased over the next f'rve to eight years.
The V Group of Florida
1.17
Project Schedule
Pha~e 1 - New
Immokalee Jall
Design
Bid/Award
Construction
Occupancy
Pha~e 2 - Naplea Jail
Facility
Design
Bid/Award
Construction
Occupancy
Phase 3 - Exiating
Renovation
Design
Bid/Award
Construction
Occupancy
Phase 4 - Sheriff'a
Adminiatration
Design
Bid/Award
Construction
Occupancy
Figure 1
Peak, Permanent and At-Risk Population
350000
300000
250OOO .....
200000
150000 -.[
100OO0
50000
0
1990
1995
--~ At-Risk
~ Permanent
· --*- Peak
Figure 2
Total and Adult Bookings
120OO
10000 -
80OO
6OOO
40OO
2000
I r~12495
I I I I I I
1990 1991 1992 1993 1994 1995 199,~
~ Total
--*-Adult
Figure 3
1990-1996 CCSO Arrests by Zone
42785
18567
........................ ~.~ .......................................................... ~ .....
50000
40000
30000
20000
10000
Zone 1 Zone 2 Zone 3 Zone 6 Zone 7 Zone 8
Figure 4
Court Movement From Jail for 1991-1996
7000
6000
4000
30OO
2000
IOO0
0
24S
ARR . SOUND HEAR TRIAL SENT OTHER
1991
1992
1993
1994
1995
1996
Figure 5
Adult Offenders in the Crlminal Justice System
1996
1996 Total 8861
1995
1995 Total10262
1994
1994 Total 10172
1993
1993 Total 8463
1992
1992 Total7459
1991
1991 Total 6971
1990
1190 Total 6423
0
5O00
1000(
Prison
Jail
Counhy
State
Ntemative
Figure 6
Projected Jall Beds From 1991 Report
1400
1200
800
400
2OO
1990 1995 2000 200~
· A.D.P.
--o.- Low
-*- Planned
---.- High
Figure 7
Arrest Classification Breakdown
25O
200
150
100
5O
225.4
31.1
28 25.1
4.5 1.1 4.5 3.3 3.55 1
Male Misdemeanors
Female Misdemeanors
Male Felonies
Female Felonies
Juvenile
Figure 8
Management Factor
28 Juvenile
~6~2 Female Trusty
4o Female Segregation
~47 Female General Population
28 Medical
52 Trusty
39.5
52 Education Block
2228
.6 Therapeutic C
12 Segregation
11.1
8 Felony Intake
~mmunity
~ 24 Mi~demeanor h ,take
i.1
Occupied
Capacity
Gel
Populatim
0 100 200 300
<foo~r~
Figure 9
Establlshlng a Base Forecast
700
600
500
400
3oo
2O0
100
0
1991
1992 1993 1994 1995 1996 1997
-e- Low
~ High
--*- Average
Figure 10
Offenders in Jail During Peak Population
0.0021
0.001
0.001
0.001
0.001 556
7952
0.0(
0.001
0.0014
0.0014988 0,0014915
i I I I I I
1990 1991 1992 1993 1994 1995 1996
EXECUTIVE SUbtMARY
ESTABLISH RESERVE OF SIS0,000 EACH YEAR (TOTAL $4~0,000) TO FUND
RECONSTRUCTION OF OUTER HALF NAIVES I~IER IN THE YEAR 2000,
CATEGORY A, TOIYRIST DEVELOPMENT FUNDS
OBJECTIVE: To fund the reconstmaion of the outer half of Napl e~ Pier in 2000,
Category A, Tourist Development funds.
CONSIDERATIONS: The City of Naples requited $450,000 of Touter Development
fund~ for the recom~ction of the outer half of Naple~ Pier. Loc~ ordinance did not
allow for this project. The Board of County Commissioners on May 20, 1997 amended
the ord/nance to provide for this expenditure. The City/County Beach Committee and the
Tourist Developmen! Council reviewed this applic~on ~md voted unu~rnoudy to
recommend funding.
The Civ/ofNaple~ requezted $150,000 for three year~ for a total of $450,000 in the year
2000 when the project would commence. Staffis recommending $150,000 be put in
re~erve~ in Category A each year for this projec'~ and the City has agreed to this
GROWTH MANAGEMENT IMI'ACT: None
FISCAL IMI'ACT: $150,000 will be included in a special reserve account for .FYs
98, 99, 00 m Fund 195.
RECOMMENDATION: Approve establishing a reserve for the reconstruction of the
outer half of Naples Pier and fund project in 2000 for $4$0,000,Category A, Touri~
Development funds.
p rcp ared b .~-.,.:_ ~,,.e...,..] ,/J/,/; .....~..,..x .(~. "L /...-
, Date;~'
//~ 1can Gansel, Budge~ Anal.~.t
Michnel Smykowski, /r~cto%
OMB
AGENDA ITEM
No.
SEP -2
pg. I
NATURAL R. EXOUR~
?$$ S I'H ,g'I'R. EFI' $O 0771, N.4 I'I. Et, lq.
FAX 310. ~41.454-$t$~
~0: Board of County Commissioners, Collier County
FROH: Beach Renourishment/Maintenance Committee
THROUGH: Collier County Tourist Development Council
SUBJECT: Beach Renourishment and Pass Maintenance Funding
Request Recommendation
The attached request for TDC Category A funding, submitted by
the City of Naples
to be used for reconstruction of the outer half of the Naples
Pier
is recommended to be:
X Approved as submitted.
__Approved with the following changes:
Deferred to:
Disapproved.
Comments:
Ricnaro ,.yoon, ChaY~man
Date
05 June
SEP -.2 EI97
May 28, 1997
OFFICE OF THE CiTY MANAGE
Mr. l~chard E. Lydon
Chairman, Beach Reno~ent Comn~ttee
450 Tradewlnds Ave.
Naples, FL 34108
Dear Mi'. Lydon:
The City of Naples is pleased to mb~t application for Tourist Development funding to complete
the rebuilding of the historic Naples Pier. As you are aware, the inner halt' of the structure was
rebuLIt ~n 1995-96, us~g concrete p~iing to provide better storm resistance for the structure. Th~s
project cost $650,000 and was ~nanced 50-50 by the City of Naples and CoII~er County, plus
$100,000 funding f~om a State of Florida grant.
The outer half'of'the aa'ucture was seriously damaged by Tropical Storm Kdth in 1988 and was
totally rebuilt. We have recdved I:IEMA funding to complete some neb~aaaty repair work to that
section. At the City Coun~ meeting of' May 21~, Council awarded a contract for that repair
work
Subocear~c Consulta.~ has estimated that the total costs to rebuilt.the outer l~ttf of the Naples
Pier will be in the range of $450,000. To provide for the orderly fiaancing of that project, we
requested Beach Renourishment funding of$150,000 mmualIy for each of the next three years at
your committee meeting of'January :20, 1997. Yom' committee approved that request, with the
stipulation that the County Commiss]onert would need lo amend the enabling ordinance for the
tourist development tax, allowing for funds to be tt~xl for fi~ing piers as part of Category B.
The Coumy Commi~oners approved that c3ange on May 20, 1997.
z:billb~l 114963T~do~
With the ordinance change now in place -uthorb4ng the use of funds for fishing piers, the City of
Naples is offidally requer~g approval of $150,000 annually for each of the next three years to
provide funding for the replacement of the outer haIt'ofthe Naples Pier. We look fo~vard to
your £avorable con~deration of our funding request.
city ,t , er /// 2C. Arr
.o. $ t
SEP -2 1997
FACSlMILE (941) 434-4520 TELEPHONE (941) 434-4610 ~LRqCOM~74-~I) Pg-, ~ 7~5 EIGHTH STREET. SOUTH * NAPL~S, FLORIOA~41~2-679~ .....
BILL BARNETT
MAYOR
November 8, 1996
Mr. Richard E. Lydon
Chairrn~n, Beach Renourtslunent Committ~
450 Tradewinds Avenue
Naples, FL 34108
D~ar Mr. Lydon:
The historic Naples Pier h~ been ~n important part of our community for mor~ ~
one hunclr~ yeLrs. It wL~ first built to serve as the :rmj~ point of commerce for the young
community growing along Florida's ~ cout. In mor~ rtc~nt ye~a~, it hu N, rved to provide
g~ner~s of residents ~ visitors with b~uti/ul sunJets, F:u~ring oppo~ ~d ·
uraque pers~ve of our Coutal community.
During 1995 and early 1996, the City o~ N~ples and Collier County jointly funded the
r~building of the inward IULff of the N~ple~ Pier, dJ_amged by storrn~ and yeJrs of exposure
to the elements. The elected officia~ chose to rebuild thst section of the ~ with a concrete
foundation and a wood superstructure to add permanence to the pier and yet to zetain the
historical look and feel. The Stat~ of Florida Department of Parks & Recrealion also
contributed $100,000 to ti~ effort.
To compk'~ the work begun in 1995, the City of Naples is ~questing $450,000 in
Tourist Development Tax revenues to rebuild the outer half of the Fishing Pier to the same
standards as the work in place on the inward half. This will allow for this hLvtodcal structure
to provide enjoyment to future generations of our residents and visitors to our community.
ly,
Bill Barnett
Mayor
735 EIGHT~ STREET SOUTH * NAPLF~, FLORIDA ~4102-6'/g6
VOIC"E MAIL
AGENDA ITEM
SEP - 2 1997
Collie= councy ToucisC D*velo1~enc Cotmcil
(Beach im~rove~tn=, maintenance
renc~x~shmen=o res=oracle3 and
concrol, including pass an~
maintenance J
Cobble=ed applica=icns am~= be rscsiv~d a= c. he belo~
Collier County Tourist Develc~nenc Council
Coun=y~ttnager's Office
3301 ~sc T~ ~il
Name and ad~ress of Applicant Org~nizacion:
City of Naples
735 8ch Sc. S.
Naples, Florida 34102
Con=ac= Person. Title an~ Phone Number:
William P. Harrison, Assistant Cic~~
(941) ~3~-~610
Or~anicacion's Chief Official and TiCle~
Bill Barnett, Mayor
Brief Project Description:
Rebuild the curer half of the historic Naples
Pier Co ~acch =he work already completed
on =he inner half of the pier.
AG[~OA rrEM
SEP-2 1997
C~llier C~mcy Tou~vAac DeYelopn4~c Co~¢AX
Pag~ 2
6.
?.
8.
2.0.
rMcitmaced ~co~ecc ar. arC d,~ca:
~ci~aced ProJecc d~cion: __~nchs
Total ~C =~C~, ~ ~er chr~ears
X~ ~e ~u!l ~c ~esc~ ~oc be ava~d,
~ X
~e ~a~les Pier ha, been a ~and~rk enid
~boch our ~zeus and vis~ one hundred years.
Rab~n vi~l' r~ASa~fn~Cha-comci~lafa enJo~enc of the facilicies.
De~c~.be vh~C benefits ~11 be received
Rebuildin~ Co che standards o~ the inner half ~11 pr~ide
hazar~ ~c~sa~on and si~f~cancl~ reduce the c~nce of
a~ce incer~pcio~ fr~ sco~.
~ec~iveness eval~ced bT co~lecin~ Cbe project
ac or bel~ bvd=ec. ~thin ~ro4ecced couc~ccion
C~me, ~d ~Cb high c~sC~CC~
~s~ b~ che o~c ~nces ~isci~ C~
A wr~ con~rucced and latnca~ned Raples
Pier will conc~nue co be a coo tourist
attraction ~or our area.
~s~i~ h~ ~c~l ~s~es ~11 ~ ~icoced:
Pr~iec~ ~11 be subtecC co all standard
financial ~na~emenc concrola of the Clcv
of
AGENDA ITEM
~ollier Count/ T~u~i~c Develop~enc
page 3
1%.
Please complete r. he £oll~w~nq q~esc£c~a and prov£de &~t£on~l
informacion if necessa~.
Tee ( ) ~o (X)
Is ~he proposed pro~ec~ required by a re.Al&cory agency a~ a
con~cion ffo~ a~/~ ~e Collier C~ b~
resco~ton pro~e~?
Tee ( ) Mo (X~
Will ~e pr~s~ p~ ~c~ce ai~fi~cly Co ~e
pr~ess of ~e ~a~ ~co~ ~~?
~a~ resco~ci~ pro~, ei~r ~ de~eas~ ~e total
Yes ( ~ ~o ~X~
restoration pr~ ec~?
Yes ( ) No (X)
SEP-2 ?
yes (X)
~.as r.~e p~o~ecc beem 2~evieve<l a=~ ~~~e~ ~ ~e Bea~
~~c/Ma~c~e ~lo~ ~ccee?
Yes ( )
cea~ c~e BeaC~ R~is~c ~ pus G~i~ ~ c:ice~ia ~ a~ee
Z ~ve ~ all ~el~eS ~ c~ica~ia.
AGENDA ~.
SEP - 2 1997
$&lOoO00
$ &O,O00
$ &O,O00
$&50,000
AGENDA ITEM
SEP - 2 ~997
Pg,~_~[_~
~.ATURALRF~~~
735 ~ZGHTH~EO~TTH
~LPLF~, ~3d102
941-434'4655 FAX g41-434-3059
~7~CCM974-4555
OS August 1997
Mm. Jean Sense1, Administrator
Collier County Tourist Develol~ment Council
3301 East Ta~ia~i Trail
Naples, Florida 33962
Ref.:
Additional explanation for request for Pier
reconstruction funds
Dear Ms. Gansel:
Bill Harrison, Assistant City Manager/Finance Director, ham
provided me with the following explanation for our request:
During 1995 and early 1996, the City of Naples rebuilt the irmer
half of the Naples Pier using a combir~ation of City and County
capital funds, supplemented by a $100,000 gr~t from the S~ate of
Florida. The outer half of the pier, damaged by T/S Keith, had
been reconstructed in the late 2980~S ~ did not need
significant work. Minor strengthening of the outer half was Just
completed under a $36,000 contract with I local contractor. The
City of Naples has funded that project, and we have FEMA approval
for reimbursement after completion.
The projections of the City's marine engineering consultant
indicate that the outer half of the itructure will need to be
fully rebuilt in three years, assttming no BaJor storm dlumage
prior to that time. The Itructure will then be dimlantled and
reconstructed using concrete piles to~atch the inner half. The
superstructure will be rebuilt of wood. The projected cost is
$450,000 in year 2000 dollars.
requesting $150,000 per year for each of the next thr~
years, for a total of $450,000. The City's feeling
approach would have less of a budget l~pac~ than a si~
Financing for this project has been requested from the Tourist
Development Council under the new regulations, which include
municipal fishing piers as eligible exl~nmes. The City is
SEP - 2 1997
P~.., I0
page 2
unding. The City will agree to front the full
Sincerely,
Bill Harriaon
AC. END^ ~E~,,.
5EP -2 ~/
Pg._Il
$91,080 FOR MA]qAGEM]~I'
TOUI~IST DE~P~ ~S
0~: To ~i~ ~d~ ~e ~'s T~
$91,080 for ~e m~~t ofb~h ~d
~el~t ~.
CONS~~ONS: ~e ~pli~ou for ~ f~ ~ ~ by ~e C~~
B~h R~~ Co~ ~d ~e ~~ ~ ~~ly m r~~
~d~g.
· · ~e ~1i~
At ~e July 21, 1
f~ $91,080 for ~e m~m~f~ ofb~h ~d ~ ~J~.
~ ~~d~g ~d~g
~ s~d ~ b~ p~d ~ ~ ~'
~0~ ~A~ ~A~: None
~0~A~ON:
$91,050 C~
~,J~ ~l, Budg~ ~yst 1
- Mi~l Smy~ O~
SEP - 2 1997
P~._ I -
TO: Board of county Commissioners, Collier County
FRC~: Beach Renourishment/Maintenance Committee
THROUGH: Collier County Tourist Development Council
SUBJECT: Beach Renourtshment and Pass Maintenance Funding
Request Recommendation
The attached request for TDC Category A funding, submitted by_the
Collier County Board of County Commissioners :
to be used for_project management fees for services provided by
the Office of Capital Projects Management during FY 1997/98_ .:
is recommended to be:
__X__Approved as submitted.
Approved with the following changes:
Deferred to:
Disapproved.
Comments:
Richard Lydon, ~hatrman
Date
27 June 1997
SEP - 2 997
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourisbment and Pass Malntenance
(Beach Rcnourisbment and Pass Maintenance
renourishment, restoration and erosion
control, including pass and inlet
maintenance)
Completed' applications shall bc submittc'd to the following address:
Administrator
Collier County Tourist Development Council
County Manager's Office
330I East Tamiaml trail
Naples, FL 34112
Name and Address of Applicant Organization:
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 24112
Contact Person, Title and Phone Number:
Harry Hubcr
Project Manager III
774-$192
Organization's Chief Official and Title:
Commissioner Timothy L. Hancock, AICP
Chairman
Board of County Commissioners
Brief Project Description:
Project Management Fees for services
provided by thc Office of Capital Projects
Managcmcnt during FY 97/9S
5. Estimated project start date: Octoberl. 1997
6. Estimated project duration:
Total amount re'quested:
Collier County Tourist Development Council
Grant Application
Page 2
$. If the full amount requested cannot be awarded, can the
prolram/proJect be restructured to accommodate a smaller
award?
9. Identify the goals and objectives for the project:
The pro~ect consists of budgetlrig fees for services provided by the
s~ff from tho O~fice of C~pit~! pro~ects M~nm~ement re1~t~ve to
man~Scmcnt of the be~ch r~storstion ~n~ inlet m~n~Scmen~ projects.
10. Describe wh~t benefit~ will be received from the project:
Proper management procedures will ensure successful completion
~nd on-Soin~ coordinz~ion of pro~ect requirements.
Describe how the effectiveness of the project will be ev~iuzted:
Continuous intcr~ction with ~nd recommendations from the Be~ch
~cnourishment/M~intenznce Committee ~re used to m~nt~in the
most effective man~Sement policy an~ procedures.
12. Describe how the project enhances ezistln~ County Tourist
Development pro~rzms:
SuccessFul m~n~ement oF Category ~A~ projects is necessary to
m~n~in th~ arch's m~or tourist ~ttr~ctions.
13. Describe how finznci~l resources will be monitored:
Thc project budsct w~ll be m~nsScd thro~sh the exist~n~ financial
and manaSem~nt structure of Colller County ~nd wlil be administered
by · project man~er ~n the O~ce of Capital Projects Management.
Thc basis of thc project budget consists of estimated fees for
services provided by the sta~ of the O~ce of Capital Projects
. Management.
The total amount of the proposed budget is ~
14. Please complete the following questions and provide additional
information, If necessarY:
AGENDA Il' F.,M
S£P -2 19aJ'/
P~,._._.-.~.~
Collier Count)' Tourist Development Council
Grant Application
Page 3
Does the proposed expenditure further the objectives
outlined in the Mission Statement:
Yes(X) No( )
Does the proposed expenditure fairly distribute monies to
different geographic areas of the County:
Yes(X) No( )
Does the proposed expenditure promote environmental awareness
and understanding and does the proposed project address
environmental considerations:
Yes(X) No( )
Is the proposed project part of the ongoing Collier County
beach restoration project and/or pass maintenance/dredging/
management projects:
Yes(X) No( )
Is the proposed Project required by a regulatory agency as
a condition for approval/funding the Collier County beach
restoration projects?
Yes( ) No(X)
Will the proposed project contribute significantly to the
progress of the beach restoration projects?
Yes(X) No( )
Will the project decrease the local c'ost share of an overall
beach restoration project, either by decreasing the total
project cost or by increasing the local/non-local ratio?
Yes ( ) No(X)
Will the project improve understanding of alternative
technologies that may contribute to a cost-effective beach
restoration project?
Yes ( ) No (X)
Collier County Tourist Development council
'Grant Application
Page 4
Is there a potential for an alternative/matching funding
source?
Yes( ) No(X)
If "Yes', please identity
Is the project eonsisten{ with the Collier County Growth
Management Plan and/or standing Board of County
Commission action?
Yes(X) No( )
Has the project been reviewed and recommended by the
Beach Renourlshment/Maintenance Advisory Committee?
Yes. This application will be considered by the Beach
Renourishment/Malntenance Committee at their regularly
scheduled meeting. Their recommendation will be forwarded
under separate cover.
ve read the Beach Renourishment and Pass Guidelines and criteria and
Ia:r~e that my oOikani ,~ati/9~(~l' co.they with all guidelines and criteria.
aI or Designee*
*Director of Office of Capital Projects Management authorized to sign
Category "A" applications on behalf of the Chairman of the Board of
County Commissioners. Approved by Board of County Commissioners on
August 24, 1993, Agenda Item 16 (H) (2).
H£Hllh/1147S
AGENDA ITEM
SEP - 2 1~J7
Pg. ~ _
_._
Collier County Tourist Development Council
Grant Applicatlon
Pase $
PROJECT MANAGEMENT FEES
Office of Capital l~rojeets Management
1. Marco Island Beach Renourlshment (pH$0215)
~ Capri/Big Marco Pass Inlet Management (pN$0221)
3. Clam Pass Inlet ManaSernent (pN80222)
4. Ca×arnbas Pass Inlet Management (pN80223)
5. Collier County Beach Restoration (pN$0225)
6. WiSgins Pass Inlet Management (pN$0226)
TOTAL
$30,096.00
2,640.00
2,640.00
1,584.00
46,200.00
7,920.00
$91,080.00
AGE, NDA FfEM
SEP - 2
O~: To x~e ~d~ng ~e ~pl~ ~ Cb~b~ of ~~ ~5,~ for
~l~ ~h~ ~d ~ofi~ T~.~el~t ~'
~lfil~ ~v~s~ ~d Pr~Ofi~ Ca~, T~st ~elopm~t ~n~.
GRO~ ~AGE~NT ~A~:
S~t ~ ~ ~g~le ~ ~F~d 194 - ~C Advertising
~CO~h~AHO$ ~ ~m ~ sip
S75,~ for ~~ ~d
D~e:~
COLLIER COUNTY TOURIST DEVELOPMENT cOUNCIL
GRANT APPLICATION
Name and address of applicant organization:
Naples Area Chamber of Commerce (NACC)
3620 Tamiami Trail North
Napl--s, Florida 34103
Contact person, title, and phone number:.
Robert V. Peacock
Presid~t, Naples Area Chamber of Commerce
(941) 262-6376
Organization's Chief official and title:
Judy A. Keller
Executive Director
Is this application for Category BI(promotion and advertising of tourtsm in Collier
County) or Category BI (local projects and/or Activities which promote tourism in
Collier County)?
Check one: Category Blx3:x Category B2~
How much TDC funding is your organization requesting?
Bascd on fulfillment costs in the past, the NACC is rcqucsting $75,000.
Briefly describe program including:
. Your organization's capability to promote Collier County as n tourist
AG£NDA ITEM
destination, rl,).._~>, f. (51
See Exl~bit"A" S~P - 1~ ~
. Geoi~raphic focus of promotion, Lc. Collier Count'/, Msreo Island,
Everglades, ccc.
See Exhibit "A"
Applications must be accompanied by the following:
a) Verification of not-for-profit status See exhibit "B"
b) Last fiscal year financial statement See exhibit "C'
c) Incorperaflon papers unless specifically waived by TDC
See cxhibit "D"
d) Detailed line item budget for program for both revenues and expenses.
See exhibit "E"
e) Detailed description of proposed plan See exhibit "E'
0 A marketing plan may be substituted for items d and e above.
(Included in exhibit "E")
$. Category B1 projects and ,ctiv. ifles .hic.h.p.ro.m._o.t.e.l°_.n_ri~.~m~s~hv°~dbhe~.V~nnst is ih,
emphasis on the" shoulder and vacation season olma}' ~us,,,,~, .......
scheduled date(s) for your project/activity?
10(I). Discuss why funds are unavailable from other sources. Tourist development funds
should not be viewed as supplanting or replacing existing funding sources.
10(j). Discuss the capacity of the project to enrich the artistic, enltural, and environmental
attractiveness of the community to the visiting public and compatibility with the
community in general.
I have read the Tourism Grant program guidelines and criteria and Resolution No.
93-__ and agree that my organization will fully compl~ with the guidelines and
criteria and Resolution No. 93'--' ~/~./ff~ ~, /~ _~_/
C ld omcinl
_
Date:
i'.~.. ~> _
EXHIBIT "A"
PROGRAM SUMMARY
AGE~DA ITE~..
Sr_P - 2 mt.'
ORGANIZATION'S CAPABILITIES
The Naples Area Chamber of Commerce has held the respons~'W for the fulfillment of
inquiries seneratexl by the Category "B" advertising and promotion dollars since the inception of
the program. In 1997, more than 50,000 consumer phone calls have been handled by our
fulfillment staffat our 895 Fifth Avenue South location.
The $00 number toll-free lines are staffed by fully trained staff members who are trained with the
most comprehensive information available by virtue of the NACC s.ffiliation.
The use of T-11L'~e connectivity and sophisticated telephone technology allow for state-of-the-axt
information delivery.
AGENDA ITEM
SEP - 2 i997
G£OGRAI)FIIC FOCUS
The fulfillment progrm-n paid for with these funds will focus on the greater Naples destination
including the following ar~as'.
Vanderbilt Beach
North Naples
Naples
Golden Ga~e
East Naples
Immokalee
adjacent unincorporated areas of Collier County
Naples Area Chaml:<'r of Commerce mc. mt)em a~d volunteers have conl~ibuted over 48,000 hours
in assisting more than 173,000 guests a~d visitors while answering mo~re than 110,000 telephone
inquiries ar~ually.
AGENDA ITEM
No. 7 c (~
5EP - 2 1997
P~. ~
EXHIBIT B
VERIFICATION OF NOT-FOR-PROFIT STATUS
AGENDA n'F~M
SEP - 2 ~997
U. $. TRE'~StJRY DEPART.
Ol ~,T i1~ I C"f OIffEC?OR
!). O. !~0~
Form 29.5.5
Dased upon the evidence submitted, it is held that you &re exempt fro~
Tederal income tax u~der'thc provisions of the Internal Revenue
~ec~ion in~ic~ed ~ve. ~y gue~io~ con~ernin$ i~es l~vied
other subtitles o~ the ~e shoed be ~b~t~e~ to us.
3ou are not require~ to file Federal income t~ reruns so long as you
retain ~ exert status, ~lesS 7ou ~e subject to the tax on ~elate~
business in~o~e ~ose~ by sect!ch 511 o~ the ~e ~d are required to
file ~o~ ~9~T for the p~cse o~ :e~rti~ ~clata~ business
- '-v ch~*s in ~o~ character, p~poses, or meth~ oC operation
'~c~e. ~ '~ .~ ..... ',~{~ o~ice. T~ sh~ld also report
~bould be ~por~ed l~e~xate~)' .......
. . our n~e or ad~ress. You ~re required to ~e an ~cr-
~ .ch~ in Yr.~ 9~. s~nually, a~er the close of Y~ ~ua!
~.~ = ~dlcatc~ ~bove.
~is is a ~ete~t~on letter.
' AGEND ;. ITEM
I SEP - 2 1897
!
EXHIBIT C
FINANCIAL STATEMENT
AGENDA ITEM.
SEP - 2 1997
Briant & Girardin, P.A. I AGENDAri'F~
Certified Public Accountants NO.~
3033 Riviera Drive, Suite 103 · Naples, Florida 34103 · (941} 649.8484 · F^l (941} 649-8482
., SEP - 2 t997
Naples Area Chamber o~ Conaerce, Inc. and fubsld£ar~es
Table of Contents
Ha! 31, 1996
Consol£dated Statement of FLnanc~al Posit£on
Consol£da:ed Statement o~ ~c~£v~:£as
Consolidated Statement of Cash Flows
No:es to Consoi£da:ed FLnanc£a[ Sta:emente
1
2
3
4
5 - l0
AGENDA ITEM
SEP - 2 199'/
-lope Ann Britt, C.P.A.
.,I E. Girardin, C.P.A.
Briant & Girardin, P.A.
Certified Public Accountants
d '~ u to
(941) 649.g484
FAX (941 ) 649-8482
To the Board of Directors
Naples Area Cha~er of c~erce, Inc. and Subsidiaries
We have audited the accompanying consolidated itatement of financial position of
Naples Area Cha~ber of Commerce, Inc. (a nonprofit corporation) and Subsidiaries
as of May 31, 1996 and the related consolidated statements activitiel and cash
flows for the year then ended. These consolidated financial statements are the
responsibility of the Organization's management. Our responsibility il to
express an opinion on these consolidated financial statements based on our audit.
We conducted our audit in accordance with generally accepted auditing atandardl.
Those standards require that we plan and perform the audit to obtain reasonable
assurance about whether the conlolidated financial itatementl are ~ree o{
materia} misstatement. An audit includes examining, on a test basil, evidence
An &udit also includes assessfng ~he accounting p~in~ip~es use~ an~
es:imates made by man&gement, as well ~s ev&l~&~g ~he o~erA~l
financial s~atemen~ presentation. We believe ~ha~ our audi~ provides a
reasonable basis for our opinion.
In our opinion, the consolidated financial s%a=emen:s referred ~o above
of Co~erce, Inc. and Subsidiaries as of May 3[, 199~ and ~he results of their
activities and [heir cash flows for the year [hen ended in confo~ity with
gmnerally accepted accounting principles.
BRIANT & GIRARDIN, 'P.A.
Certified Public Accountants
July 17, 1996
3033 Riviera Ddve, Suite 103 · Naples, Florida 33940
:mth:r Am~:ncan [nstl~e of Ccnlr, cd Public Accountanl$ Mcm~:~ Flon~ Ins,n~e of C~
SEP - 2
~1~ficd Pubhc
Assets
~aples Area Chamber of ~erce, Inc. and Subsidiaries
Consolidated S%a~emen~ of r£nanc£a! Pos£tAon
May 31, ~996
Cash and c&mh equ£valents
Accounts rece£vable
pcepa£d expenses
Build£n~ and equipmen~, net
To%al asse~s
S1,167
289,981
6,600
361,7S6
Current liLblll~ies and ne~ assets
Current liabilities
Accounts payable and accrued liabilities
Deferred revenue
To%al curren~ liabilities
Unrestric~ed nec asae~s
Total net assets
Total liabilities and net assecs
S187,140
S64,495
424,823
~{4,82~
sg~9.n8
See notes tO consolidated f£nan¢~a~ statements.
.... ~';~-F..NDA ITI~ 4
jSEP - 2 t997 -.
, r 3.__ I__.~_--
Unrestricted net assets support aud reveuues
Dues
Publica~£on revenue
Grant revenue
O~her revenue
Total unrestr£cted support
$ 492,439
115,254
625,390
1,055,992
I
Grant expense
Program expense
General and adm£n£strat£ve
Total expenses
(Decrease) in unres~r£c~ed net aisets
~et assets° Beginning of year
Net asse~l, end of year
1,055,992
591,427
(56,221)
/
See notes to consolidated financial statements.
AGENDA IT F..J~.
No.~
SEP - 2 1997
~'~. ~?..~__
Naples Area Chasber of Commerce, Inc. and Subsid£arles
C~nsolidated Statements o~ Cash Fl~s
For the Year Ended May 31, 199&
Cash flo~s from operat£ng activities~ (Deficit) in net assets
ne~ cash (used) by operating activ£ties:
Deprec£ation
(Increase) in accounts receivable
(Increase) in inventory
Decrease in prepaid expenses
Increase in accoun=S payable
Increase in deferred revenue
(Decrease) increase in other l£abll£ties
Net cash (used) by o~eratlflg act~vities
Cash flows from investing activities: purchase of property and equ£~ent
Net (decrease) in cash and cash equivalents
Cash and cash equ£valents, beginning of year
Cash and cash equivalents, end of year
Supplenental disclosures of cash flow informations
cash paid dur£flq the year for:
Income taxes
$ (56,221)
27,640
(249,844)
(5,201)
1,160
156,233
43,953
(3.917)
~86.197)
~?~.090)
{162,287)
~13.454
AGENDA ITEM
No.._~
SEP - 2 1997
~aples Area Chas~ber of Connerca. Inc. and lu~s~d~ar~as
~o~es ~o Conso~tdatsd F£nanc~a! l~a~enan~s
~ay 31, 1995
I
/
- v
The Naples Area Chamber of Commerce, Inc. {"the Chamber*) and Subsidiaries were
organized in 19¢6 to preserve and promote the economic vitaZity of the business
community, serve as a source of leadersh£p and promote tourism to Collier County,
Florida.
The accompanyihg c~nsolidated financial statements include the accounts of the
Chamber and its wholly owned subsidiaries, Naples Chamber Publishing Company,
Inc. and Naples Area Tourism Bureau, Inc. (NATB}. Intercompany transactions and
balances have been eliminated in consolidation. The Chamber and its subsidiaries
have interrelated directors and share common facilities and personnel. The
Naples Chamber Publishing Company, Inc. was dissolved during the fiscal year and
activity is now reported in the Chamber entity.
~sis ~! presentation
Financial statement presents:los follows :he recommendations of the Financial
Accuunting Standards Board in its Statement of Financial Accounting Standards
(S?AS) NO. 117, Financial Statements of Not-for-Profit Organizations. Under SFAS
No. 117, the Chamber is required to report information regarding their financial
position and activities according to three classes of net assets: unrestricted
net assets, temporarily restricted net assets, and permanently restricted net
asset. The Chamber and Subsidiaries do not have any permanently restricted net
KeveDus recoqnitioD
Revenue and expenses are recorded on the accrual basis. Dues are recognized as
revenue in the applicable membership period and revenue received for future dues
and programs is deferred to the applicable year.
~eceiv~b%~s
Receivables are reported net of management's estimate for allowance of
uncollectible amounts.
~nventor¥
Inventory consists of various promotional items for resale and merchandise
available for sale at the visitors center. Inventory is stated at the lower of
cost or market using the first-in, first-out method.
AGENDA
No._
s,e auditors' roport. SEP - 2 Lq9?
~ ~._ I~ .
Naples Area Chamber of Conaerce, Inc. end Subsidiaries
Notes to Consolidated Financial State. eats
May 31, 1996
(Continued)
Building and equipment is recorded at coat. Depreciation £a recorded on the
straight-line basis over the estimated useful laves of the resl~ect£ve assets.
The cost of maintenance and repairs ks charged against income aa incurred;
significant renewals and betterments are capitalized. The Chamber generally
capital£zes msseta costing more than $500 with a life of greater than one year.
The Chamber is exempt from federal income tax under Section S01(c)(6) of the
Internal Revenue Code. However, net 'unrelated business income~, £s taxed at
corporate income tax rates. The income of Naples Chamber Publishing, Inc. is
taxed at corporate rates. Income tax expense for the year ended May $1, 1996 was
$4,430.
Program· £n¢lude government overs:ght, ·oc~al activities, seminars and
educational events, tourism promotion and issuance of publ~cat£ons.
During 1996 $115,000, of general and admin~strat£ve expenses have been allocated
to publ£cations. The allocations are baled on the percentage of hours employees
worked on publications, applied to various general and administrative expenses.
ate v'c ·
A significant portion of the Chamber's functions are conducted by unpaid
volunteers, officer· and committees. The value of this contributed time is not
reflected in the accompanying financial atatements since the volunteers' time
doe· not meet =he criteria for recognition.
dy ~ venue and co ts
Co·ts of promotions and advertising are expensed as incurred. Advertising
revenue is recognized as publications are is·ued.
State e t o c sh lows
The C~amber con·ider· cast om hand, demand depos~=a wL=~ financial institutions,
certificates of deposit and highly liquid deb= instruments purcha·ed with
maturitie· of three (3) months or less to be cash and ca·h equivalents.
AG£NDAIT£M
auditors'
report.
SEP
Naples Area Chanbar of Coeaerce, Inc. and $~bsidiar£es
Notes to Consolidated Financial Statements
NOT~ - . V CC
(Continued)
The preparation of financial stateoenta In conformity with generally accepted
contingent mmletl and l~abL1LtLes mC the date of the f~flanc~ml itat~eflts and the
ce~Fced ~flts ot ceveflues and eX.hies ducL~g the fe~C~ng ~ec~od. Actual
ceJUltl could d~ffec fr~ those esckmaces.
- A
Accounts receivable consist of the follo~£ng:
Coil,er Count7 Tourism Committee
Other rece£vab!es
~em~ersh£p race:rabies
Less: aLlowaace for uncollect£ble accounts
$2~1,436
~94,48~
(4,~00)
$~89f981
NO~Z 3 - BUll.DING ~ND EOUIPN~NT
Building and equipment consist of the following:
Land
Building and improvements
Furniture and fixtures
Computer and 'office equipment
Less: accumulated depreciation
Estimated
Life
Depreciation expense for the year ended May 31,
- $225,000
34 - 40 years 394,210
5 years 55,423
S years )18,466
793,099
(165,537)
S627f56~
1996 was $27,640.
See auditors' report.
AGENDA ITEM
No.., $
SEP - 2 1997
l<aples Area Chas~ber ot Cos~erce, Inc. end S,.tbs£d£at'£es
Notes to Console. dated F£nencJ. ai Statements
The total grant revenues for the year ended Kay 31, 1996 £nclude amounts p&£d to
advertising agencies by the NATB for contracted marketing and promot£onal
services provided on behalf of the NATB. The amounts paid tot&l $731,511 and the
p&yables et May 31, 1996 totaled 5131,574- In addit£on, tbs NATB rece£ved
efforts by the NAT8 to promote tour£sm in Southwest FlOr£da.
. ET¥ TRA~ ONe
the V~s£tors Center improvements fcr· total cost o~ S42,000.
0 lO - Xp NS s CAT£GO
Expenses oY category are aa follows:
Advertising and promotion
Au=O allowance and expense
A~ardS and recognition
Bad debt expense
Co~issions expense
Contrac~ support
Cost o~ ~oods sold
Deprec~&tion and a~crtizat~n
Dues and subScriptionS
£m~loyee benefits
Equipment le~se/maintenance
Facilities r~ntal
Flowers
Food amd beverages
Fulfillment
Insurance - general
Meals and emtertaknmem~
office supplies and expemse
Other taxes
Sub-total
See aud,=OrS' report.
S864,320
11,055
5,270
7,900
24,005
200
4,250
8,809
27,640
5,824
33,168
31,577
2,316
35,635
2,244
131,603
288,675
9,177
190188
36,612
4(431
~ AGENDA_~
SEP - 2
Meplea Area Chamber of C~tmerce. X=¢. and Su~aAd£ar£es
#o~es ~o ~c, nsolAda~ed F£nanc£al
~ (Continued)
From previous page
Payrol~ taxes
Pension expense
plaques and badges
postage and shipping
Printing
professional ~ees
Rental expense
Repairs and m&lfl:enance
Salaries
Seminar expense
Signs
storage
Supplies
Telephone
Training and developmen%
Travel and =ranspor=a%Xon
Utili:ies
To:al
$1,553,899
31,738
13,234
15,218
73,346
81,602
22,367
22,363
16,S17
408,86?
4,01~
933
3,925
2,468
37,016
2,663
47,036
12.726
AGENDA ITEM
SEP - 2
EXHIBIT D
INCORPORATION PAPERS
AGENDA ITEM
No ._~,,,~
SEP - 2 ~
rl artmi, rit of
this office.
CR2E022
I certify that the attached is a true and correct copy of the
Articles of Amendment, filed on October 6, 1988, to Articles of
Incorporation for GREATER NAPLES CHAMBER OF COMMERCE
INCORPORATED changing its name to NAPLES AREA CHAMBER OF
COMMERCE, INC., a Florida corporation, as shown by the records of
The document number of this corporation is 703230.
~crttnrt~ a( ~tnte No.
-S OF AMF~DMF, NT I,.=3 C.,.~ ~, I.. II.
pORA
GREATER
Pursuant to the Ptoy[St°ns o[ SectiOn 607.0~T
the ~ort&a ~ot ~ot ~ro~[t Co~r~t~on Act, the un~ets~gne~
corporation a&o~tS the [o~Ov[ng Articles o[ ~en~en: to ~ts
~rttc~es o[ Zncor~rat~On2
~. ~he n~e o[ the cor~rat~on
~BER OF coeRCE, ZNCO~O~T~D'
2. The following ~en~entS of the Articles of
incorpora:~On we=e a~opte~ ~n accordance with the By-laws of
the corpora:~on on ~' 1988, ~n a manner
prescr~be~ by the Florida Not For pro[it Corpora:~on Act.
3. Article I of the Articles
GREATER NAPLES ~BER OF Co~ERCE, iNCORPO~TED ~s amende~
~o rea~ as followS:
'The name o~ th~s organization shall be
Dated as of th~s ~ day
Execut{ve S
~creta7
GREATER NAPLES CHAHBER OF
COH~ERCE, I NCORPOPJkTED
AGEI~A IT, FJ~ ~
No. 9 ~.t%)
SEP - 2 1997
rg. ~b _
CORPORATION'
ANNUAL REPO. RT
· '1993
(3)
' G
Pi. ~A
EXHIBIT E
BUDGET.
MARKETING PLAN
FULFILLMENT
S75,000.00
ScofF., OF wORK: GRANTEE agrees to act and serve ts ti central source of information
to respond to inquiries from tndividusls seeking to learn about Naples ns t tourbt nad
E shall accept and Fespoud to "in person'.or tel.ephone
recretttonsl destination. G. RAH~. ...... ,~ -,,stems, and develop procedures ~o .--
...... ~ .J.. maintain recoras, reFor~ ~-? __ and when requeetea,
services, relattn~ (o responses an shall be deemed to constitute -fulfillment"
procedures and systems, and related activities such -fulfillment" ts
under this agreement. Ail expenses incurred in connection with
defined and described herein will be considered eligible expenses subject to reimbursement
and payment by the cOUNTY.
SEP - 2 t997
1997 TOURISM AGREEMENT
AND NAPLES AREA CHAMBER
BETWEEN COLLIER COUNTY FULFILLMENT
OF coMMERCE, INC. REGARDING
OF ADVERTISING AND PROMOTION INQUIRIES
TI-IlS AGREEMENT, is made and entered into this _...__- day of_ ~_, 1997,
by and between Napl¢~ Area Chamber of Commerce, Inc., a Florida corporation, ber~inafler
referred to as -GRANTEE" and Collier County, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY."
WHEREAS, the COUN'rY h~ adopted a Tourist Development Plan (hereinafter r~ferred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WI-IE~AS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated 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
WHEP,-EAS, GP, ANTEE has applied to the Tourist Development Tax Council and the
County to use Tourist Development Tax funds for fulfillment of inquires resulting from the
advertising and promotion of Collier County; and
W'HEP,.EAS, the cOUNTY desires to fund the proposed advertising and promotion
pursuant to this Agreement.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND
pILEMISES pp, oVIDED HEREIN, A.ND OTHEP, vALUABLE CONSIDEP, ATIOlq, IT IS
MUTUALLY AGREED AS FOLLOWS:
!. ~: In accordance with the Budget attached as Exhibit "A," the
GP,.AlqTEE shall provide fulfillment of inquires resulting from the advertising and promotion of
Collier County.
2. ~: The amount to paid under this Agreement shall be Seventy-Five
Thousand Dollars ($75,000.00). The GR2u'qTEE shall be paid in accordance with fiscal
procedures of the County for expenditures incurred for the promotion and advertising expenses
AGENDA
as dcscdbed in Section ! upo~ ~Smit~a! o£ an invoice ~d upon vcriEcation t~ :*. '~¢
described in thc invoice ~rc con~p~cted or tha~ goods have been received.
SEP - 2
GRANTEE shall determine that the goods and services have been properly provided, and
shall submit invoices to the County Adminisizalor or his designee. The County Admlnisu'ator or
his designee shall determine tl~ the invoice payments sr~ suthoriz~ and thc goods or services
covered by such invoice have been provided or performed in sccordance with such suthorlzation.
The line item budget attached as Exh~it 'A' shall constitute authorization of the expenditure
described in the invoices provided that such expenditure is made in ~7~.ordance with this
Agreement.
Each invoice submitied by GRANTEE shall be itemized in sufficient detail for audit
thereoi' and shall be supported by copies oi'corresponding vendor invoices and proof of receipt of
goods or performance of the services invoiced. GRANTEE shall certify in writing that all
stibcontractors and vendors have been paid for work and materials from previous payments
received prior to receipt of any further payments. The COUNTY shall no! pay GILMCrEE until
the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with
the law.
GRAHTEE shall be paid for ils actaal cost not to exceed the total amount for various hne
items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The
amounls applicable to the various line items of Exhibit "A," subject to the maximum total
amount, may be increased or decreased by up to ten percent (10%) at the discretion of
GP,.ANTEE. Adjustment in excess of ten perc~t (10%) of any line item must be authorized by
the County Administrator or his designee.
3. ~ Only eligible expenditures described in Section 1
will 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 extension or renewal thereof.
4. ~: GRAHTEE is required to submit a Certificate of Insurance
naming Collier 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,
and be issued by a company licensed in the State of Florida, and provide Gl neral ~ITEM
Insurance for no less than the following amounts:
SEP - 2 iS9?
BODILY I'NfLTRY LIABILITY $300,000 ~ach claim po' person
PROPERTY DAMAGE LLAJ3ILITY $300,000 each claim per po'son
PERSONAL [N}LIRY LIABILITY $300,000 each claim po' po-son
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory
The Certificate of Insurance must be deliverext to the County Administrator or his
within ten days of execution of this Agreement by the COUNTY. The G~E shall not
commence promotional and advtrtlsing activities which are to be funded Ftgsuant to this
Agreement until the Certificate or'Insurance has becn rtcelved by the COUNTY.
5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on
the duties p~f'ormed and s~vice provided by ORANTEE, its vendors or subeontraclors, pursuant
to this Agreement. The report shall identi~ the amount spent during the pr~eding 30 days and
the duties performed, and the services provided and goods delivm'ed during said pc'tiM.
GRANTEE shall take reasonable measures to assur~ the continued satisfactory performance of
all vendors and subcontractors.
6. ~CI4OICE OF '~FENDORS AND FAIR DEALIIg.~: GRANTEE may select
vendors or subcontractors to provide sm-vices as d~r, cribed in S~tion 1. COUNTY shall not be
responsible for paying vendors and shall not be involved in the selection of subcontractors or
vendors. GRANTEE agrees to disclose any r~lationship b~t~veen GRANTEE and the subcon-
tractors or vendors, including, but not limited to, similar or r~lated employ~s, agents,
directors and/or shareholders. COUNTY may, in its discr~ion, ob.i~t to the r~asonablen~ss 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.
?. _iNDEMNIFICATIOH: The GRANTEE shall hold harmless and defend
COUNTY, and its agents and employes, .fi-om any and all suits and actions including a~omey's
fe~s and all costs of litigation and judgments of any name and description arising out of or
incidental to the pmfformance of this Agr~mcmt or work pm'formed th~eund~r. This provision
shall also pertain to any claims brought against the COUNTY by any employ~ of the named
GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to
perform work by any of them. Thc GRANTEE's obligation under this provis on
SEP - 2 1997
limit~ in ~ny way by the agreed upon A~eem~nt pri~ as shown in this Agr~-~mt or the
GRANTEE's limit of, or lack of, sufficient insurance protection.
$. ~: Ail notices from the COUIWrY to the GRAHTEE shall be in writing
and deemed duly served if mailed by registered or certified mail to the GRANTEE at the
following address:
Naples Area Chamber of Commerce, Inc.
3620 Tamiami Trail North
Naples, FL 34103
Ail notices from the GRANTEE to the COUNTY shall be in writing and d~med duly saved if
mailed by registered or cea'tiffed mail to the COUNTY to:
County Administrator
Second Floor, Administration Building
3301 Tamiami Trail East
Naples, Florida 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. ]:/O.~:.~:/~S. lt~: 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
¢OLrNTYo
10. ~.,~l:~l~q~)~: The COUNTY or the GRANTEE may cancel this Agreement
with or without cause by giving 30 days advance written notice of such termination pursuant to
Section 8 and specifying the effective date 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 GRAIqTEE 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 shall pay to COUNTY all funds expended by cOUNTY
pursuant to this Agreement, unless the Board of County Commissioners determines that the
the use of
completed promotion and advertising of the event or activity were sufficient to ustify
AGENDA ITEI~.
tourist development tax funds. No.___<~.)
5£P - 2 1997
4 pg.~_.._
,.,,,~.
Il. ~: ORAN'rE£ is required to maln~in complete and
a~tc a~dng r~rds ~d k~ tou~ ~ ~ a ~t~ cheung ~t. All
rclat~ to ~c A~i should ~ r~ ~ all ~di~r~ mu~ bc incu~ ~thin
t~ offs
12. ~: G~B shall main~in ~s, ~,
doc~m~, P~ ~d fin~cial info~ati~ ~g to wo~ ~o~ und~ ~s A~-
m~t. G~E a~ ~ ~e CO~, ~ ~Y of i~ duly authog~ ~r~mtiv~, s~ll,
until ~c cxpi~tion of ~ (3) y~ afl~ ~ pa~t ~d~ ~s A~t, ~ve ~css to,
and thc fi~t to ~ine ~d phoi~opy ~Y ~M~t ~, d~cnS, paper, ~d ~ of
G~EE involving ~sactions rclatM to ~s A~~t.
13. ~: G~E shall not ~si~, ~nv~, or
tr~sfer in whole or in p~ i~ int~t in this A~t wi~out thc prior ~g~ ~ns~t of
co .
14. ~: ~s A~t sMll ~me cff~ive on Au~g 5, 1~7 ~d shall
remain effective for one ye~. ~e G~E shall r~u~ ~ ~t~sion ofiMs t~ in ~ting
al lc~t thi~ (30) days prior to thc expiation of ~s A~~ ~d the CO~ may a~
by ~dm~t to ~s A~t to ~i~d ~e t~ for ~ ~ditional onc ye~. ~Y ~ds not
used by G~E dugng ~e l~ of ~s A~t ~d ~Y ~t~sion ~o shall bc
available for ~mrc applicon.
15. ~: G~E shall monitor
evaluate the ~o~sm impacl of G~Cs ~ti~ti~, ~plaining how thc tourism impact
cvaluatM ~d shall pro.dc a ~ ~ to ~c Co~W Admi~s~ior or his d~i~ee within
six~ (60) days of~c expiation offs A~~t
16. ~: All promotional lit~mg ~d media adv~ising
m~t promLn~dY list Colli~ ~ ~ one of~e ~.
17. ~: ~is A~t may only be ~ded by mutual
a~eem~t of the p~ics ~d afl~ ~~6on by ~e To~st Devclopm~t Co.cji.
~ ~SS ~E~OF, ~c G~E ~d CO~ have each rc~tively, by
autho6zcd person or agcnL h~c~dcr set thcir h~ds ~d seals on the dale and =~
P~._~
ATTEST:
DWIGHT E. BP. OCli, CI~'rk
BOARD O~ COUNTY CO~ilVIISSIO~
COLLIER. CouNTY, FLORIDA
(1)_
NAi~LES AREA CHAMBER OF COM~'I~.CF-, INC.
(2)_
(corpo~te s~al)
Approved as to form and
legal sufficiency
~ 9EP-21997.
FULFILLMENT
5'75,000.00
SCOPE OF WORK: GRANTEE nl~rees to nd and serve ns · central source of information
to respond to inquiries from individuals seekln~ to learn ·bout Naples ts s tourist smd
recreational destination. GRANTEE shall accept ·nd respond to ~'in person" or telephone
inquiries ·nd shall maintain records~ reports ·nd systems, ·nd develop procedures to
promote Naples tourism~ provide information and ·nswer questions ·nd when requested,
shall mall GRANTEE'S 16 page destin·tion brochure to those who request it. All such
services, relatint to responses ·nd tnaterials, and the developing ·nd msint,-tintni of
procedures -,nd systems, ·nd related activities shall be deemed to constitute ~,fulftllment"
under this a~.eement. All expenses incurred in connection with such "fultillment'~ ns
det'med and described herein will be considered eli~ible expenses subject to reimbursement
and payment by the cOUNTY.
.............................. Board of c~n=y C issioner~ a report on
0~~ To 9r~sen~ ~o ~he ,
ac=ual revenues as c~ared =o bu~e=e~ revenues ~or in=erg~e~n=al
en~rise ~un~, i~acu ~ee, an~ beach parking ~ee revenue sources.
C~SIDK~TIONS~ Include~ as an a==achmen~ =o =his ~e~=ive Su~ is
a lis~ing of actual in~ergove~men=al revenues, ~Jor en=e~fise fund
revenues, i~ac= fees collections, ~d beach parking revenue
October 1, 1996 ~hrough June 30, 1997 which is =he end of =he third
~ar=er o~ Fiscal year 1997. cate o~, =here is a $~54,200
adopted and ~ore~ ~ .... 17.850,000. ~is repr~s="~_i .~]~= of
$407,800 in sal~s =~ r rovide =he ~oara with addi=xonaA
42 200. ~i~ will. 9 ...... ~P~s ~a ad~i=ional pr~. o~
$}~- '~-~oase Genera~ ~n9 ~=°='~r, '~.-~ ~411ace rate at =he Duogec
~al rojects, or red~c~ .... =_. m ~,M SeD=e~er 17, 199 ·
cap~. .P ...... ~=~uled Zor sepueu~=~ .....
p~liC ~earln~u ~
As repor=ed previously, =here is a large su~lus projected in
S develo~en~ =~ revenue, as year-Co-daCe collections have been ~ch
stronger =hah anticipated.
~er ...... ~ -~s =~es and =~e s~m . ~ ~ ~ ~ avail$1e revenue~;
trent ~ 97 projections =~
cu ...... ~re within this 5% limit.
~rrent projections for water and sewer revenue ~ceed the budgeted
amounts by 4.1% ~d 3.3%, respectively- ~ese revised forecasts will
be inco~ora=ed into the car~fo~ard es=i~te for the county
Water/Sewer District.
As reported previously, there is a shortfall projected in landfill
tipping fees. ~e ~ 97 budget was based, in large part, on ~ 96
projecced landfill ~ipping fee revenue. H~ever, actual ~ 96 revenues
were less th~ projected. In addition, ~ 97 to~age processed at the
landfill sites has declined due to a priva=e con=factor processing
~ere will, h~ever, be a
const~ction/demoliti°n debris.
corresponding reduction in the associated processing ~d di~osal fees
associated with const~ction/de~lici°n' ~ 98 car~f°~ar9 r~e~e
was based on the $6.3 million forecast in tipping fee revenue in
A~A ~M
S£P - 2 1997
pg. / _
~nere is a 13.7% projected surplus in Airport Authority revenues. This
is attributable to additional Jet A fuel sales at the Marco island
Executive Airport and additional AV gas sales at the Inmmokalee and
Everglades City Airports. There is a corresponding increase in the
cost of fuel purchased.
....... ,... 4n building permit r~venu~
a 1ar e ro3ec=eo su~o
Overall, there is g- P .......... tion value of permits iss~eo
rt .... la - cale,
due, in large pa ~^~. ,--~ -~ached araph). T~ere w~=
in June and J ~Y, - - n this time period.
multi-family proJec=~ permitted duri g
v latile revenue source and are difficult
I~pact fee revenues are a _o ...... ~ on the timing of ~uilding
project as revenues are Daseo, ~n ~,
permi~ issuance and the type of development to occur. However, due to
June and July, there are large surpluses
the building pe_rmit surge_ in es. (See attached graphs). These
projected in all impact fee categori
revised projections have been factored into the FY 97_budget f0r~cas~
i act fee revenue budgets, and result in additlona~
and in the FY 98 .mp .... lated ca ira1 projects.
reserves available zor future growth re
There is $450,000 projected currently in beach parking revenues, based
on actual year-to-date receipts. FY 98 carryforward was based on
collecting $522,500 (budget forecast) in FY 97. The adopted budget
assumed $550,000 from this revenue source. The additional sales tax
and revenue sharing projected in FY 97 will more than offset this
shortfall in beach parking revenue·
Upon receipt of all FY 97 revenues, a year-end report will be presented
to the Board of County Commissioners.
GROWTH MANAPEMENT IMPACT~ None.
recast figures in this report were used in developing
FISCAL IHPACT~ Fo .... ~ .~. ~v 98 revenue budgets..
~he. FY 97re~g %%~ec:~it~a1~*;~a1~ ~a~. and. r~%~?mb:~arlng wz~
aecLsions .9 .... , ~..~-o- ~hlic hearxngs in p ·
be addressed at t~e ~x ~o ~u~u~- r--
p~ECOM3CENDATIONS~ That the Board of County Cow~issioners review and
discuss the attached information.
Michael Smykowski, OMB Director ~ ~ ~.~
~/% ~ ~ DATE:
]~pproved by,
Robert ~ernandez, County ~d~inistrator
AC..~A ITEM
- 2 897
-
!
/.6 A.~ '~' 96
~:[ ~dml p~o~
s~a~ ;Ira.sa& ~UlPllnt[
0
O00'OOt
IMPACT FEES
Regional Park Impact Fm
FY96&FY97
Community Park Impact Fe~
FY96 & FY 97
AGENDA rr .F-~.
5EP -2 1997
IMPACT FEES
Lib~ry lmpsc~ Fm
FY96&FY~
Water Impact Fees
FY 96 A FY 97
AGENDA ITEM
~.... 9 ~(,~
SEP - 2 ~97
Pg..
IMPACT FEES
Sewer Impa~ Fees
FY 96 & FY 97
EMS Impac~ Fee~
I:Y 96 & ~ 97
~ For the Boaxd of Cotmty Commissioner~ ( the '~oard~) to consider stat sccept
settlement offer to resolve the lawsuit styled Sharon Roberts v. Collier County, Csse No. 96-
362-CIV-FTM-17, United States District Court for the Middle District of Florida.
_CONSIDERATIONS: The County h~s recxntly received a renewed settlement proposal in tbe
Roberts case in the amount of $44,500.00. Since thc Bosrd last considered this matter in Msrch
of this y~r, v. dditional formal disco~ has occun~ although the majority of discovel2t remains
to be completed. At this time, the Office of the County Attorney believes thc proposnl made by
Ms. Roberts to be re~s~mable and recommends its acceptsnce. Thc Risk Management
t~ISCAL IMPACT: By accepting the settlement, thc County will pay $44,500.00 to Ms.
Roberts, ending the litigation. Payment would be msd~ from 1 i · k 1~ ~ a .ad 5 ! 6.).
If t .h · Proposal is rejected' the Cxnmty c°uld prevall in the lxwsuit and n°t be requixed to pay
any money to Ms. Roberts. Nevertheless, thc County would likely incur $30,000.00 to
$35,000.00 in costs in defending the suit through trial. If, on the other hand, Ms. Roberts wer~
to prevail in the lawsuit, the County would slso be responsible for hex re~mable sttomay's fees
and costs separate and apm from any dsmage sward she might r~ccive. Based on information
obtained to date and projected through trial, it is likely that Ms. Roberts' fees and ousts would
exceed $75,000.00 although it would be for a court to determine the reasonableness of such fees
and costs. In addition to recovery of her ~_,xnelgs fees and costs, thc maximum recovery Ms.
Robec, s could have in the case is $300,000.00 for compensatory damages plus compensation for
any pecuniary losses, i.e., back pa)', which she is able to substantiate.
GROWTH MANAGEMENT IMPACT: None.
D~m~nt recommmd that the Bom'd ~ept th~ mo~t rer, e~t ~emem~ on~r m m~ ~
~h~,ron ~ v. Collier ~, ~ No. 96.362-CIV-FrM-17, United St~,~ I)hulct Com~
document~ following review ~gi ~pprowl by the Office ofthe County Attcrrney.
Michel W. Pettit
ArtiSt County Attorney
REVIEWED DY: ~
7"~/'ff Walka', Director
Risk M~nasement Departm~t
APPROVED BY: ~
County Attorney
Date:
Date:
2
6z 1967.
Q.j~~: To appoint 2 members (1 rel:n'es~ting the nt~lialed category and I rel~esenting
the non-affiliated c~egory) to ~-rve 4 y~tr terr~, expiring on Septemlx'r 2, 2001, on thc Public
Yehi¢le Advisory Bo~d.
~p_.~~: Thr~ members must be holder~ of C_.erfifi~ to ~ a moior
vehicle for hire company in Collier County and two memtgr~ v.~o are in no way affilialed or
associated with the vehicle for hire business. This 5 member committee r~riews and approves;
applications for a Certific. ate to Operate, taxicab color scherne~ pttrxuant to ordinance, and
reviews and make recommendations to the Public Vehicle Board 03CC) regarding issue~ related
to the motor vehicle for hire business and regarding alleged violations of Ordinance 91-93.
Terms are 4 years.
A list of the current membership is included in the backup.
The Public Vehicle Advisory Committee has 2 lerms expiring on Seplmmber 2, 1997.
A press release was issued and resumes were received from the following 4 inleres'ted citizens:
John Dougherty (affiliated) 3 yes
Cynthia D. Harpst (non-affiliated) 3 yes
Clifford Wesley Flegal, Jr. (non-affiliated) 1 yes
Thomas W. Lug~in (affiliated) 5 yes
Mr. Lugrin is cu~remly serving as an alternate (affiliated) member ~d would like m ~
considered ~ a re~l~ m~ on ~s co~i~ee. NO~: IfMr. Lu~ b ~p~t~ ~ a
re~lar member, you w~ have to np~t another appH~nt to fulf~ the ~a~d~ of h~
vacant tern ~ an nlte~ate which ~ ~pi~ on ~tm~r ~ 2~.
~O~I~E ~CO~~A~ON: ~i Judicial - no ~~o~.
~SC~ I~A~: NONE
GRO~ ~AGE~ ~A~: NO~
~CO~~A~ON: ~ ~e B~ ofCo~ ~~ ~d~ ~
reco~~ for ap~t ~d ~t 2 m~ to ~ 4 y~ ~ ~d d~ ~e
Co~W ARo~ to ~ a ~l~on ~~g ~ ~in~.
Prepared By:
Agenda Date:
Sue Filson, Administrative Assistant
Board of County Commissioners
September 2, 1997
Thomas W. Lugr~
42 Mento~ Driv~
Naples, FL 34110
S~ W.
5130 C~n P~e, S.
N~I~ ~ 3410]
D~:
C~go~: ~d
B~ L. 5. F~
l~ ~d~ ~ Blv&
D~:
C~go~: ~d
p~cia M.
~5 7~ S~ S.W.
Napl~, ~L ~105
D~:
C~go~:
~ony P. T~
1~ T~e ~e Co~ Bld~ ~
D~:
M~ce ~Vi~
D~: 5
C~ego~:
Public Vehicle Advisory Committee
Work Pk~n~ APlff'd ~ ~
ltome Pl~on~ Datele-s~ ~dff~Da~e
594-1049
Months
4 years
-2 Ye~
4 Y~
Months
4 Years
4
SEP 02 1997
Public Vehicle Advisory Committee
Work ?l~o#t
]'[,l'm
Staff: Maria Cruz. Code Enforcement Sl:~ 403-2414
The zn~:hed r~sum~s for ~e listed below indivi~ hr~e been revtew~ by the Pablk: Vehicle
Advisory Commit~e md myself. 'I'nese w~n cateloriz~ u foBows:
;ohn Dou~rrty
Cy~hia D. Harlm NomAfl]liag'd
¢liffont Wesley HelmI, Jr. Non-Affillatsl
These individuals mee~ the r~qui:~d c~
DATE:
TO:
fROM:
August 11, 1997
Vinell Hills, Elections Ofti~
Sue Filson, Adminiswativ~
Board of County Commlssion~r~X-~
RE: Vo~r Registration - Advisory Board Appointm~ts
The Board of County Commissioners will s~on consi&r th~ following individuals for
appointrnent to one of thc county's advi:~ry commitie~. Pl~as~ I~ me know iftho~ listed
b~low are r~gist~.xt vot~ in Collier County.
Also, please list the commission district in which ~ch spplicant r~id~s.
John I~ug, h~rty ~
2068 $1 st Street, S.W. j
Naples, FL 34116 ~
D. Har
767 106th Avenue, N.
Naples, FL 34108
Clifford Wesley Flegal, Jr.
292BalmsrolDrive ..~t ~q~'~'~'
Naples, FL 34113
Thar~ you for your help.
~I131~.997
~4:36
S~ F'tlson
3)01 Tsm~smt Tr~L ]~'ld~ng E.
N~ics, FL 34112
: ¥~dcle
, offer my
DATE:
TO:
FROM:
AugUst 11, 1997
Maria Cruz, Codg Eaforeement~~ ,
sue ye
Bo~ of Co~ ~asion~ ~
~b~c V~cl~ Ad~ Co~
you ~ow, we ~dy ~ve v~ci~ ~ ~e ~~ ~ ~~ A ~
co~id~fion. I have a~ched ~e ~ ~ fg Y~ ~ ~ foHo~:
John Dougherty
2068 $ fsi Street, S.W.
Naples, FL 34116
Cynthia D. Harpst
767 106th Avenue, N.
Naples, FL 34108
Clifford Wesley Flesal, Jr.
292 Baltusrol Drive
Naples, FL 34113
Please let me know, in writing, the recommendation of the advisory committee for appoinnneut and
I will prepare an executive summary for the Board's coafidgrafion- Please categoflze the
applicanta in ar~n~ of expertiae. If you have any qu~tions, pl~as~ call mc at 774-8097.
Thank you for your attention to this matter.
SF
Attacl:a:nents
Nt.ple~ lq., 114116
~ l~ilson
Cali~r ~ ~ ot C,~mimomr~
Com~ ~ Co~ I'Io~
~301 Tsmismi Trsil E. Blg~. F
l, la~s, FL ~4112
August 8, 1~7
Cynthia D. Herpst
767 106th Ave. N.
Naples, F! 34108
Sue Filson
Administrative Assistant
Board of County Commissioners
3,301 U.S. 41 East
Naples, Florida 34112
Re: Public Vehicle Advisory Committee
Dear Ms. Filson:
.This letter is by way of stating my interest in sewing on the Publlo
Vehicle Advisory Committee to the Collier County Board of Commissioners.
I feel that my background is partk~ularlY suited to this board and that I would
be able to offer informed input to the comm~ee and Commissioners
respectively. As a registered voter it would be my privilage to serve and I
would like to thank you and the Board in advance for your consideration.
Sincerely,
Cynthia D. Harpst
AGEND4~?E~
~o.,_./_/,/__(~
SEP 02 19~7
Cynthia D. Harpst
(941)513-9204
96'-96' - Owner/Manager Casino Express Services LLC
A company that provided both inter- and intra-~ity shuttle
service 18 hours a day, ~ days a year in the cities of. Central
and Blackhawk also the County of G~pin in the state o!
Colorado.The company also managed parking lots.
91' - 96' - Owner/Book Keeper Casino Enterprise Specialties LLC
A company providing Charter Bus Services throughout
Boulder, Denver and the State of Colorado.
Jan. ~5'-Aug. 96'- Councilperson/Alderman
Was elected to and served on the city coun~, Central City,
Colorado. Central City is a historic Victorian mining town located
in the mountains by the Denver/Boulder area, Limited stakes
gaming was legalized in 1 gg0. This brought huge business and
infrastructure growth to the a'ea.
Jan. 96 - Aug. 96' - Member - Board of Directors
Central City Marketing Ino.
Jun. gS'-Aug. 96' - Committee Member - Gilpin County 'Eagles Nest"
Child Care Board
Apr. 94' - Jan. 96' - Committee Member - Streets~ape & Signage
Advisory Committee, Central City,Co.
Jan. 94' - Dec. gS' - Central City Marketing Advisory Committee
Sept. 94' - May 95' - Gilpin County PTA
The above excerpts provide pertinent resume inforrnat';
References can be provided upon request.
SEP 02 1997
August '/, 1~'/
Bo~d of Covnt7 Comm~looe~
Collk~ Oovanm~ Complex
N~tes. Flo~ ~4112
Sue
RE: l~d~l;c Ve~cle ~ ~
I have enclosed n brief r~sume fo~ yottr ~vlew. Tl,.ank y-co for your cousiderafion.
5 YEARS -- MORTGAGE BROKER
Oct 91 - present self employed
Licensed Mortgage Broker itt Florida ( Collier Coimty ), tt~xmsibilities/ncluda
pre,eating a broad range o~ mortgage Ixoducts ami then acqubltloas.
obtaining fhek sele~te~ ~/pe of ~ag for thek various p~opert7
School HBlcaT~Sh school graguale - Valley Forge Military Ac~emy, Walrus, PA
Variou~ college course~ - Accounting, Contracts, Office Manageme~ Law,
Pta, cJxas lng. Word perfect QA Audits, logistics, PERT,
Various eveai,~g ~ ' NegotI~on Technlquea,
Model- Neti~, lnvemotT Conu'oL Oovemmem Pmpert7 Maaagemeat,
Tr~Hc Management, RAM Tratmportatlon
Personal Refereoce. s
Mr. At~ Skinner, 4415 Kathy Avmu~, N~ICS, FL 3410~ (6~3-0082)
Mr. Oary Zappo, 605 - 8 Augusta Blvd., Napl~, Fi, 3~115 {'/'/5-5681)
Mr. Michael DeVRo. 2,45 B~ilusrol Drive, Naplem, FL 3~113 (T7S..6357)
EXF.,cuTrvE
TO CONSIDER'I'I~,
FLORIDA CA~LEVI$1ON MA.NAG~M~NT COI~°O~ON d/bl~
'rIME WARNER CABLE
FOR THE RENEWAL OF A CABLE FRAHCHISE.
OBJECTIVE: To consider the Application for the Renewal of· Cable Franchise which
has been submitled by Florida Cablevision Management ~on, d/b/a Time Warner
Cable.
CONSIDERATION: An Application for the renewal ofs Cable Franchise was
submitted by Florida Cablevision Management Corporation, d~~a Time Warner Cable,
on June 13, 1997. After initial review, staffd~termined thai the documentation and
information supplied were martially suffici~nl to m~et the r~uirements as set forth by
Ordinance 8g-90, as amended. Therefor~ th~ County Admini,~ior's Office, through its
Office of Franchise ^dmini~Uation, recomm~ th~ · single Cable Franchise b~
awarded for the renewal of two Cable Fr~'chls~ h~Id by Florida C. sblevision
Managcmeni CorporatiorI, d/b/a Time W~mer C.~le, who~ 'exlm~on dates are:
August 6, 1997, and November 13, 2001.
GROWTH MANAGEMENT IMPACT: None
FISCAL IMPACT: The County has received th~ required fee of $5,000 for processing
the Application for Renewal of the Franchise. The Com~ will also continue to rec~ve
Franchise Fees at the rate of five ~ (5%) of"C.m~ Revenges" as specified in the
Franchise Agreement and in Ordinance 88-90, as ~nended. At present, the lmmokalee
Franchise requires a 3% fee. Under a single Fnuwidse, the Fnmchise Fee will b~ $%,
thus making tmiform the Franchise Fee for all uainCOtlXa~xi ~-eas of Collier County. In
addition, thc fee will now be uniform for all cable operaWrs. (StaffesfimsIes that the
additional 2% will amount to approxims~ly S22,000 for the Unincorpom~
- ----, ^~.-,.,,,~ (A~, the Compmy-~ offerin$ · c, uh _
cornm~mon ~ . room it~lf for m~u-m~ is ~§ 2 L~7
me~,'fin~, but slso will improve and enhanc~ the
Reviewed by:
Office of Franchise Adminisustion
As~istmt County Administrator
Approved by:.
SEP 0 2 1,997
FINDINGS OF FACT:
1. Compliance With Existing Franchises
Florida C,,blevision Management Corporation, d/b/a Time Warner Cable, is the second
serves at, ProximatelY
largest provider of cable services in Collier County. The ConrpanY ofthe County,
25,000 households and commercial properties in the unincorporated area
chiefly in thc C, olden Gate area; however its has a presence in other parts ofthe County,
including Immokalec. Althoush the Company his changed its corporate stroctt~, its
history ([or ~ of its acquired systems) goes back ss far as thir~ years. Most recently,
however, the Company has been acquired by Time Warner Inc.
Following the dictates of Ordinance $$-90, as amended, Flori~ Cablevision
Managcrncnt Corporation, d/b/a Time Warner Cable has sppllcd for a renewal of|ts two
Franchises (to be incorporated in a single Franchise), by submilling an Application. The
Application indicates that thc Company has substantially complied with the material
terms of its existing Franchises. In addition, staffhas had many opportunities to observe
thc Company, and has cstablished friendly and compatible profc~slonal relationships with
persormcl in many phases of the Company's operations.
Staff has not been notified of any ad¥crsc actions taken agains~ thc Company for failing
to follow applicable Statc or Federal Law. Nor have we had any notice of any Company
shortcomings noted by its chief re~Jlator, the Federal Communications Commission---the
FCC.
2. The Quality of Service
Thc quality of service that Time Warner Cable offers has proved satisfactory to a large
majority of its customers. In thc recent survey done by an independent contractor for the
County, 1300 randomly selected subscribers to Time Warner Cable were sent stu'vey
instruments. Of those, 184 responses were received, for a very respectable return of 14%.
Of those responding, 77% rated the basic cable service offered by thc Company as
Excellent, Good or Fair. Of the respondents, 33% reported they had never had a problem
to report, and of those who had contacted the Company with a problem, a large majority
expressed satisfaction with its resolution. Overall, the subscn'ber~ returning the surveys
gave the Company a grade of"B-", a very satisfactory atYmaation or'the Company's
policies and procedures dealing with its customers.
From the survey and from contacts with Time Warner Cable's subscriber~, staff
concludes that the Company is in compliance with acceptable service standards. This
includes, not only with the signal quality of transmission, but also, with the Company's
response to consumer complaints and its billing practices.
AGENDA ITEITv'
SEP o 2 1997
3. Financlli, Legal nnd Technical Resources
Time Warner Cable h~ hh¢ i'manc|al and legal ~so~, ~ wall ~ ~e t~c~l abili~
~ provide ~e ~e~, f~iliti~ ~d ~uipm~t n~ f~ i~ p~ ~ ~lli~
Co~.
Florida Cabl~v~fion M~~t ~fion ~s ~ ~ ~fion ~/~ T~e
W~ Cable. It is ~ wholly o~
~ ~s a ~bs~d~ ofT~e W~g ~mp~, ~c., al~ a ~law~ ~t~o~ T~e
Wam~ Comp~, ~c., is a ~bsldi~ ofT~e W~g ~., ~ch is ~ a Del~
Co~tion.
~ of D~bg 31, 1~, T~me W~ h~., ~e ult~ate p~t of~e ComplY,
~ou~ i~ subsH~, op~t~s
approx~matdy 12.3 ~lfion ~bscfib~
addition, ~ ~e now ~4 g~ap~c clust~ of~e Comp~y's Cable Tel~sion
Ci~.
~e r~sourc~s offs Comply ~e ~id~ble. ~e is no doubt i~ ~sou~es ~e fg
more extensive ~ is r~uir~ by ~d~ 88-90, ~ ~d~.
4. Future Related Communl~ Needs
Time W~g Cable ~ prov~ to ~ n ~o~ ~te citi~ ~nsofing ~d
contfibufin~ to m~y wo~w~le ~~ acfi~fies ~ Col~g Co~.
~ addition, Time W~ Cable is m~g ~ ~ssive effo~ to ~pmve i~ s~ice by
subst~fially up~g ~e ch~el ~aci~ ~d t~l ~1~ ofi~ c~le sy~s
all ov~ ~ ~. ~ a resul~ by ~~ 31, 2~, fll ofT~e W~g ~le's
custom~ ~11 ~joy ~ up~d~ ~ ~at ~II ~de ~ ~c~.
Sp~fic~ly, ~e ~ ~ Coll~g Co~ ~11 ~ ~ to d~g 750~ or
550~. Con~u~tly,
~mprov~ p~c~e qu~i~ to ~e cifi~ of ~I1~ Co~.
~le up~g i~ ~st~s w~ on~ of~e ~nd~fio~ sa fo~ ~ ~e S~ifl Con,ct
~at ~e Comply negofiat~
1995, ~g* w~ o~g
~d, wh~ available, ~ ~ m~ ~d on-l~e s~ce. ~ ~do~ ~e ~Y
SEP 0 2
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State of Florida - Collier County
CABLE TELEVISION FRANCHISE AGREEMENT
This Cable Television Franchise Agreernent entered into on this second day of
September, 1997 by and between Collier County, · political subdivision of the S~ale of
Florida, and Florida Cablevislon Management Corporation hereinafter referred to as
"Grante~'o
WITNESS£TH:
WHEREAS, the County of Collier, hereinafter referred to as 'County' or "Grantor",
desires to assure the widespread availability of Cable Services within lile County to promote
commerce and otherwise furlher the public inleresl;
WHEREAS, the County is the owner of certain street rights-of-way;
WHEREAS, the County has, following reasonable notice, and after consideration,
analysis and deliberation conducled full public proceedings, during which proceedings the
technical ability, financial condition, legal qualification and general character of Grantee were
determined acceptable to receive a renewal olios franchise;
WHEREAS, the County has also considered and analyzed the plans of Grant~ for the
construction and operation of its Cable System and found lhe same to be adexluate and feasible in
view of the nexis and r~quirements of the area to be s~rved by the respective Cable System;
WHEREAS, the County has determined that it is in the best interest of and consistent
with the public convenience and necessity of its residents to grant a franchise to Grante~ to
operate a Cable Syslem within the specified franchise area within Collier County and on the
terms and conditions hereinafter sci forth; and,
WHEREAS, Grantee desires to construct and operate a Cable System ·long portions of
the County's right-of-way.
Section 1. Findings
pursuant to the procedures in Ibc Cable Act, Section 166.046, F.S., and Chapter 30 § 28(f)(1) of
the Collier County Code, the Grantor has held · public hearing where the at~plicable criteria set
forth in law related to granting · cable tel~vision franchise renewal were considered. The
Grantor has determined to ~rant a cable television franchise renewal to Grantee on the terms and
conditions set forth in this Agr~,n'nent. AGENDA ITEM'
" I I
SEP 0 2
Pg....---..-_..
NOW, THEREFORE, the parties agree ~s follows:
Section 2. Definitions
For the purposes of this Franchise, the following terms, phases, words, and abbr~ations shall
6 have the meaning given herein. When not inconsistent with the context, words used in the
present tense include thc future tense, words in thc plural include the singular, and words in a
s particular gender shall include each of the other gender. Thc words 'shall" and "must" are
9 always mandatory and not merely directory.
10
!1 2.1 "Access" shall mcan the availability of channel capacity on thc Cable System for non-
12 commercial use by local public schools and the County to create and distribute
13 programming not under the Oranlcc's editorial control, including:
14
15 2.1.1 ,'Educational Access" shall mean access where local public schools are the
16 designated programmers or users having editorial control over their non-
t? commercial programming which programming shall concern thc'sc schools'
is educational functions;
19
20 2.1.2 -Governmental Access" shall mean access where Collier County governmental
21 agencies are the designated programmers or users having editorial control over
22 their non-commercial programming which programming shall concern local
23 governmental functions; and
24
25 2.1.3 "E G Access" shall mean educational access and governmental access,
26 collectively.
2s 2.2 "Affiliate," when used in relation to any person, shall mcan another person who
29 owns or controls, is owned or controlled by, or is under common ownership or
30 control with, such person.
31
32 2.3 "Basic Cable Service, or "Basic Service" shall mean any service tier which
33 includes the rctransmission of local television broadcast sign's and access
34 channels. This definition shall bc deemed to change consistent with any changes
35 in the definition of this term by the Federal Communications Commission.
37 2.4 "Cable Operator" shall mcan any person or group ofpersons:
38
39 a) who provides Cable Service over a Cable System ~nd directly or through one
40 or more affiliates owns a significant interest in such Cable System, or
41
42 b) who otherwise controls or is responsible for, through any arrangement, the
Franchise with
43
44
August 22 1997
management and operation of such a Cable System under a
Collier County.
/a_g-L') q
SEP 0 2
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2.7
2.8
2.9
2.10
2.11
AugUst 22 1997
"Cable Service" shall mean:
a) the one-way transmission to Subscribers of(a) video programming, or (b)
other programming services, and,
b) subscriber interaction, if any, which ~s required for the selection or use of such
video programming or other programming services.
-Cable System" shall mean a facility, consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment that is
designed to provide Cable Service and whkh includes video programming and
other lawful communications services and which is provided to multiple subscribers
within a community, but such term does not include:
a) a facility that serves only to retransmit the television signals of one (1) or more
television broadcast stations;
b) a facility that serves subscribers without using any public rights-of-way;
c) a facility of common carrier which is subject, in whole or in part, to the
provisions of 47 U.S.C. §201-226, except that such facility shall be considered
a Cable System (other than for purposes of 47 USC §541(c) to the extent such
facility is used in the transmission of video programming directly to
subscribers; and
d) any facilities of an electric utility used solely for operating its electric utility
system.
,' Channel" means a portion of the electromagnetic frequency spectrum which is capable
of delivering both the audio and video portions ora television signal. At the time of
enactment of this Franchise, such capability generally requires a 6 MHZ capacity, but this
is subject to changes in technology.
"County" shall mean the Collier County, Florida, or the area within the present county
limits or as such limits may be changed.
"County Commission" shall mean the Board of County Commissioners of Collier
County, Florida.
,'Customer Service Standards" shall mean those standards adopted by the FCC and the
County (to the extent not inconsistent with those of the FCC), which govern the manner
in which Grantee interacts with the public and its customers. ~
"FCC" shall mean the Federal Communications Commission or any
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2.13
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2.16
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,, Franchise" shall mean an initial authorization, or renewal thereof, (including a renewal
of an authorization which has been granted subject to 47 U.S.C.§ 546 ), issued by the
Grantor, whether such authorization is designated a~ a Franchise, permit, license,
resolution, contract, certificate, agreement, or otherwise, which authorizes the
construction or operation of a Cable System but neither supe~edes nor takes the place of
any license, license fee or permit authorization which might otherwise be required for the
privilege of transacting business within the County.
,,Franchise Area" shall mean the unincorporated areas of Collier County.
,,Franchise Fee" shall mean an annual fee of five percent (5%) of Grantee's Gross
Revenues paid for the use and occupation of the County's rights-of-way.
,,Grantee" or ,,Franchisee" or "Company.''~ ~$hall mean the person, firm, or
corporation to whom a Franchise, as herein above defined, is granted by the County and
any lawful successor, transferee or a~signee of said person, firm, or corporation.
-Gross Revenue~" shall mean all revenues derived by the Grantee from its operation
within the County to provide Cable Service.
a) Such revenues include, but are not limited to fees charged to subscribers for:
!) any video and/or audio program .vzrvice; 2) installation, disconnection,
reconnection or service maintenance agreements; and 3) equipment rental.
All monies collected by Grantee to pay Franchise fees are included in gross
re'venues°
b) Such revenues also include revenues derived from: 1} access to or lease of
video channels, 2) locally originated advertising availability sold by eithm', the
Grantee or its agent, and 3) compensation for the carriage of home shopping
channels.
2.17
The sum of the aforementioned shall be the basis for calculating the Franchise Fee
imposed pursuant to Section 6 herein. Not included are revenues related to: 1) refunds; 2)
bad debt; 3) equipment deposits (e.g. cu~omer terminal devices); 4) any sale~ tax, excise
tax, or other tax collected by Grantee on behalf of any governmental unit, except monies
collected by Grantee to pay franchise fees may be included in or excluded from, Gross
Revenues at the discretion of Grantee as authorized, allowed or permitted by subsection
exists or may be amended; 5) reimbursements for expenses (e.g.,
47 USC 5420a) as same 6) items excluded by Local, State or Federal
returned check fees, and copy expenses); or
law.
-Institutional Network" shall mean capacity on a closed loop fiber optic network
allowing for governmental non-commercial communications by and
Grantor's owned or leased facilities
August 22 1997
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,Interactive on-Demand Services" shall mean a service providing video programming to
subscribers on an on-demand basis.
,,Non. Commercial Pr°grammlng' shall mean programming which is produced for non-
profit educational and gov~-nmcntal purpos~ and not in connection with a busings
enterprise. Such programming shall include no advcrtlsing, promotions or product
endorsements.
"Other Communications Service" shall mean tel~hony, electronic communication (c-
mail), or any other lawful service that Cable Operator makes available for purchase by
Subscdbers;
,,Person" shall mcan an individual, partnership, association, limited liability company,
joint stock company, trust, corporation, or governmental entity;
,' Public Buildings" shall mcan public K-I 2 schools, County, government owned or
leased buildings or parts of.buildings which are occupied by County employees for thc
sole purpose of'conducting County business.
"Public Way" or ,,Rights-Of-Way" shall include thc surface, the air space above the
surf.acc, and the area bclow the surf.ace of' any public street, avenues, highway, lane, path,
alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, squares, viaducts,
waterways, grccnways, utility easements, and other public property now or hereafter hcld
by thc County or the State which shall entitle the County and the Grantee to the usc
thereof, for the purpose of installing and maintaining the Grantee's Cable System. No
reference herein, or in any franchise, to the "public way" shall be deemed to be a
representation or guarant~ by the County that its title to any prop~nty is sufficient to
permit its use for such purpose, and the Grant~ shall, by its use or,ch terms, be
deemed to gain only such rights to use property in the County as the County may have
the undisputed right and power to give or as granted by Federal or State law.
for all non financial
,,Reasonable Notlficatlo shall mean fourteen (14) buslncss days
related matters and thirty (30) business days for financial matters, unless specifically
provided in this Agreement.
2.25 ,,Residential Subscriber" shall mcan a ~bscn'ber who r~c6vcs s~rvice in an individual
dwelling unit or multiple unit dwelling, wher~ the service is not to be used in connection
with a business, trade or prof,~ssion.
2.26 -Subscriber" shall m~.n any person or entity lawfully receiving Cable Service ora
Grantee pursuant to this Franchise.
Cable Operator
2.27 "Service Tier" shall m~m a category of Cable Service or provided by a
and for which a separate rate is charged by the Cable Operator, AGEUDA ITEt, I
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3.2
3.3
3.4
Nature and Terms of Grant
The County does hereby grant unto the Grantee the non-exclusive right, privilege and
franchise to erect, maintain and operate a cable television ~stem and any and every type
of wires, poles, conduits and other transmission and disu-ibution facilities now in
existence or hereafter developed incident thereto in, under, over, along, across, and upon
the streets, lanes, avenues, alleys, public or utility eaaements, bridges, highways and
other public places within the Franchise Area aa now exist or may come into existence in
the future, and any property which may from time to time be added thereto.
Nothing in this Franchise shall limit the right of the Grantee to transmit any kind of signal
or frequency or provide any type of servlce now in existence or which may come into
existence and which is capable ofbelng lawfully transmitted and distributed by those
facilities owned and operated by the Grantee. The provision by Granlee of any servlee
other than cable service shall be subject to all applicable Federal, State, and Local laws
and regulations. Grantee presently operates two cable ~ystems in the Franchise Area
under two respective franchises; 1) a system serving portions of western Collier County
pursuant to the Franchise dated March 31, 1987 granted to Florida Cablevision
Management Corporation (hereinafter referred to aa 'q'he Collier County System" and the
'q'he Collier Franchise"); and (2) a system serving the Immokalee area pursuant to the
Franchise dated November 13, 1981 and originally granted to Warner Amex Cable
Communications Company and subsequently transferred to Florida Cablevision
Management Corporation (hereinafter referred to aa the "Immokalee System" and the
Immokalee Franchise"). Upon the effective date of this Franchise Agreement, both
systems will operate pursuant to the terms of this F~anchise Agreement and both prior
existing franchises shall terminate.
Notwithstanding, Grantee may, in its sole discretion, elect to lease fiber optic, coaxial and
multi-pair cable and other cable communication facilities or program services fi.om other
County franchised provider~ of Cable Servlee to support the operation of its Cable
System.
The Franchise granted herein shall nm for a term of 15 year~ commencing upon
September 2, 1997 and terminating upon September 1,2012
Public Rights-of-Way use conditions.
3.4.1 All facilities shall be constructed, installed and located in accordance with the
following terms and condifion~:
3.4.2 The County, may require, at no cost to the County, the Grantee to locate and
identify its cable television facilities within any portion of the public fights-of-
way where the County is t,efformmg con.q~xuctmn, maintenance o~r other work
6 AGEt.IDA ITEI~
SEP 0 2 19 7
August 22 1997
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3.4.3
3.4.4
3.4.5
AugUst 22 1997
The County resa'v~ the right, upon reasonable notice, to require the Grantee at its
expanse to protect, support, temporarily disconnect, relocate or rernove from the
County's street any property of the Grantee by reason of traffic conditions, public
safety, street construction, real or planned excavation, change or establishment of
street tTadc, installation or planned installation of s~'ers, drains, water plp~s, or
other typ~s of structure or impwVements by gov~nental agencies. Reasonable
notice for this provision means at least ninety (90) days, except in the case of
cmerl~encles where no specific notice period shall be required. The County shall
endeavor to noti~ and seek comment from the Grantee with respect to
minimizing disruption to the Cable Systmn, where public works projects may
affect the Grantee's Cable Syst~n.
With respect to aerial installations, Grantee shall install its facilities on pole
attachments to exisling utility poles if surplns pole space is then available to
Grantee on reasonable terms and conditions including a reasonable fee.
With resp~t to underBronnd installations, Grantee shall install its facilities within
an existing undcr~'ound duct or conduit whenever available excess capacity then
exisls within such conduit on reasonable terms and conditions, including a
reasonable fee.
3.4.6 Whenever all existing electric cable and telecommunications facilities in a
particular area are located underir°und within a public way of the County,
Grantee must locate its cable t¢ltvisinn facilities within that area underBr°und at
no cost to the County.
3.4.7 The Grantee, at no cost to the County or the State, shall relocate its facilities and
appliances which are in conflict with Co~mty proiects to upgrade or construct
roadways to the extent all other occupants of the rights-of-way are required to do
SO.
3.4.8 The Grantee shall locate, place and construct its telecommunications facilities so
as not to unreasonably interfere with the construction, location and maintenance
of sewer and / or water mains, lines, or connections. The Grantee shall take
appropriate preventative measures to protect mdsting facilities within the public
rights-of-way.
r~laee landscaped ar=as, pavement, pedestrian
3.4.9 Grantee shall restore and or other facilities damaged by the Grantee
lighling, sid~valks, curbs, Butters
and or its contractors with like mae'rial to their former condition at the Grantee's
expense, and shall thereafter, from time to time, but no longer than one (1) year
from the completion ofthejob, readjust, fill and finish the same as may be
necessary due to settling of the earth associated with the Grantee's disruption of
AGE['.IDA
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3.4.10 The Grantee shall adhere to all applicable Federal, State and Local laws, ml~s
and regulations regarding the location, construction, and maintenance of its Cable
System facilities within the public dghts'°f'way'
Grantee is required to obtain construction permits for Cable System facilities installed in
rights-of-way, cable television
Thc Grantee shall, subiect to commercial practicability provide its or charges for
Grantee's services; provided, however, that nothing in this Section shall prohibit a
services without unlawful discrimination as to the terms, conditions, rates
franchisee from making reasonable classifications among differently situated customer
groupS.
For thc purpose of and to the extent required to accomplish transporting EG access
Cable System with other systems in adjacent
channels, the Grantee shall interconnect its · · provided the
areas, upon the directive of the County's Franchise Adrmmstrator, familiarize
conditions set forth below are met. To full'ill this obligation, the Grantee shall
cause such interconnectlon- Grantee
itself with all technical requirements needed to conditions are met.
shall be obligated to make an interconnection only if thc following
3.'/.1 intcrconn¢cdon is technically feasible.
3.'/.2 Thc costs of intercormectlon Grantee are reasonable in light of thc relative
and its customers; including consideration of
benefits and burdens to each party EG access purposes, including
support (capital and operational) provided for
equipment in usc for EG access at thc time of interconnection.
that intercounection of thc Immokalcc System is not presently
It is agreed
costs thereof arc not presently reasonable, and that thc
feasible and that the Immokalee System arc not
conditions requiring intcrconnection of thc and costs ma)' become
presently met. It is possible fha such intercormection
feasible, and that conditions requiring such intcrcormection may be met during
thc initial fifteen (15) year term of this Agreement, or thcrcaRer.
3.?.3 interconnection of the systems may bc accomplished by direct hard cable
connection, microwave link, or other appropriate means.
3.-/.4 Upon receiving a directive from the County's Franchise Administrator to
interconnect, thc Grantee shall initiate negotiations with thc other affected
for both construction and
system(s) in order that all costs may bc shared standard set forth in
operation of thc interconnectlon link consistent with the
Section 4.8.2. Grantees agrees to commence such negotiations at such
reasonable dines as established by the County Administrator-
August 22 199'/
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3.7.6
The Grantee may be accorded reasonable extensions of the time to interconnect,
or the County may rescind its order to interconnect upon petition by one or more
franchised cable operators to the County. The County shall grant the request if it
finds that the Grantees had negotiated in good faith and had failed to obtain
approval from the other affected Grantees, or the cost of interconnectlon would
be unreasonable in light of the benefits of interconnectlon
The Grantee shall cooperate with any interconnection corporation, regional
interconnection authority or Local, State and / or Federal regulatory agency
established for the purpose of regulating, financing, or otherwise providing for
the interconnection of Cable Systems beyond the boundaries of the County.
Section 4. Customer Service Standards
County has determined that it is in the best interest of its residents and consistent with the public
convenience and necessity to adopt Customer Service Standards for the provision of Cable
Services by the Grantee. The Grantee shall operate its Cable System in a manner consistent with
the County's Consumer Protection Provisions, Collier County Code, Chapter 30 § 55, to the
extent that such provisions are not inconsistent with those of the FCC.
Section 5. Compensation, Auditing and Other Payments
5.1 Grantee shall pay thc County throughout the term ofthis Franchise, as compensation, an
annual Franchise Fee of five percent (5%) of the Grantee's Gross R~venues, except that
during the first three (3) months of the terms of this Agreement, Grantee shall pay a
26 Franchise Fee of three percent (3%) of Gross Revenues derived from the lmmokalee
27 System.
29 5.2 All such payments of Franchise F~s shall be payable quarterly within sixty (60)
3o days after the end of the calendar quarter for which the payment is made.
31 Franchise Fee payments shall be accompanied by a report iternlzing and setting forth the
32 revenues / receipts and showing the calculation of the payment due for the preceding
33 pc. dod.
35 5.3 The payment of the Franchise Fee by the Grantee is for the right to construct and op~'ate
36 a Cable System and to provide a Cable Service, as defined h~in, within the County's
37 public right-of-way and is in lieu of a right of way use or encroachment fee.
38
39 5.4 The County, on an annual basis, shall be furnished a statement within ninety (90) days
4o of the close of the calendar year, certified by an official of the franchisee responsible
41 for the Cable System's financial statements, reflecting the total amounts of Gross
herein, and all payments, and computations for the previous
42 Revenues as defined ..... · ----' .... ,; the Coun shall have the right
43 calendar year. Upon ten (lO) aays prior w,.,~,, .... ce, ty
44 to conduct an independent audit of Grantee's records as necessary to [et~mlne whether
9
August 22 1997
AGENDA
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thc correct franchise fee has been paid If, after resolvlnl any dispute arlsinS from such
audit, Grantee has made a Franchise Fee underpayment of three percent (3%) or more,
thc Grantee shall assume ali reasonable costs of such audit. In other events, the County
shall bear all cos~ and fees, associated with any such audit.
' ' Gross Revenues and its calculation of
All Grantee's books and records concermng ttSinspection by an appropriate officer of
payments to the Count"/, shall be available for
the County, or its designee, at reasonable times to determine the amount of compensation
due to the County from Grantee under this Franchise. Such records shall be kept so as
to accurately show the same. Grantee shall prepare and make available to the County at
times reasonably requested by the County and in the form agreed to by the County and
with the Grantee, such reports with respect to its Cable System and the Gross Revenues
derived therefrom, as the County may deem reasonably necessary or appropriate to
determine the amount of compensation due the County.
In the event Grantee makes an under payment or in the event Grantee fails to make any
payment on or before the date it is due, Grantee shall pay interest at a rate of one percent
(1%) per month on any such under payment and/or late payment. Interest shall not
accrue, with respect to under payments, until such time that the Grantee is notified
about any alleged underpayment by the County.
Consistent with federal requirements, the Grantee shall file no less frequently than
annually, a schedule of its rate and any amendments, or modifications affecting the sale
of its services and subscriber terminal equipment and shall provide written notification
to the County within thirty (30) days of any proposed changes. Upon request, the
Grantee shall also provide to the County copies of all filings, reports and petitions to
Local, State, or Federal regulatory agencies concerning Grantee's provision of Cable
Service in Collier County.
Section 6. Franchise - Not Exclusive
This Franchise shall be non exclusive. The County reserves the right to grant franchises to other
persons at any time or construct, operate and repair a Cable System itself or to contract with any
other person for the use of the County streets or property for the operation of other cable systems.
of the material terms and conditions of any franchise or other right to use the .
In the event any .... chise Area granted by the County to any o. th?r party. Is
· ts_of, waymalloran.yp.an°fth_e_.F_;..'~';i.,,,,,ralt~d ~ chmaterial vislon(s))tosucn
,~ oh ...... n.. o f su pro
'.'~' - favorable (by inclusion, ex~lu, ....
/are) more v--
other party than the corresponding terms and conditions of this Franchise, then this Franchise
shall be amended to include such more favorable terms and conditions.
AugUst 22 1997
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No-Waiver
The failure of the County or the Grantee upon one or more occasions, to exercise a right
or to require compliance or performance under this Franchise or any other applicable
law shall not be deemed to constitute a waiver of such fir, ht or a waiver of compliance
or performance, unless such fi~ht has been specifically waived in writing,.
Waiver of a br~ach of this Franchise or any section of Chapter 30 of the Collier
County Code shall not be a waiver of any other breach. Neither the grant of
Franchise nor any provision herein shall constitute a waiver or bar to the ¢xerctse
of any governmental right or power or'the County.
Section 8.
$.1
Regulation
The County Commission shall in the exercise of'its generally applicable police power
and authoritY reasonably regulate the exercise of the privileges permitted by this
Franchise in the public interest, provided such regulations are not inconsistent with
terms or' this Agreement. Any failure by the County to promptly enforce compliance
with this Franchise in accordance with Federal, State and Local laws and Ordinances
shall not relieve Grantee of its obligation to comply with any provision of this
Franchise.
8.2 The Grantee's rights, without limitation upon the County's regulatory authoritY,
pursuant to the Communications Act of 1934, as amended or any other subsequent
Federal cr State Law, shall not be abrogated or otherwise limited.
8.3 Following reasonable notice, the County reserves the right to inspect the installation
and maintenance of the Cable System.
$.4 The Grantee shall comply with all Federal, State and generally, applicable police power
and local regulations applicable to its Cable System, such as the trafficsafety/ lane
closure rules and construction requirrments promulgated by the County.
Section 9. Cable S~,stem Design and Construction
Grantee shall upgrade its current systerns, so that on or bet'om December 31, 2000,
· areas
9.1 the Grantee shall operate a hybrid fiber coax 750 ~ cable television system tn
a capacity of 550 Ml-Iz and shall operate a
where the Grantee's system presently has where Grantee's system presently has a
· · system in the areas
550 MTIz cable tclcvtston po-miRed to modify its design and
capacity of less than 5501VEiz. The Grantee is
implementation plans, to accommodate technological innovations and refinements
which enhance system reliability and capacity.
42
43 · · shall satisfy all FCC standards for Cable
44 9.2 The cable telewston netWOrk
August 22 1997
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Section 10. Continuing Test
10.1 The Grantee shall perform all t~'ts required to dcmonstratc compliance with the
requirements 4'/CFR '/6 subpart IC All te~'ls shall be conducted in accordance with thc
Fee's rules.
10.2 Cortstructioa maps, shall be provided to the County no less than ten (I 0) days prior to
the commencement date of any construction. "As built" maps shall be provided no
more than thirty (30) days following the conclusion of construction for each grid. Such
maps should designate the location of Grantee's facilities in a mutually acceptable form.
Section 11. Institutional Network~
11.1 The Grantor and the Grantee recogniz~ that a closed loop fiber optic Institutional
Network ("l-Nm") allowing for governmental, non.commercial communications by an
betwexm thc Grantor owned or leased facilities may be d~slrabl¢. When Grantee begins
ils rebuild proc~as in thc County ( as de~-n'bed in Se~ion ~), wrilten notification of this
rebuild process will be provided to the Grantor. The Grantor will have ninety (90) days
from the date of the rebuild notiflcation to conilrm Grantor's inter~st to either use
capacity on Grantee's system as an I-Net. The Grantor and Grantee recol~niz~ that the
ninety (90) day period of time is a firm window of oppo~nity for Grantor to pursue an
Institutional Network and must provide all n~.ssary documenlation to Grantee required
by Grantee to proceed with the projecL Should thc Oran~, al ils sole discretion, elect to
use capacity or Grantee's s~slen',s as an I-Nt~, Grantor will pay C.n'antee a fe~ for such use
as muulally agreed in an amount not to ~ceed the amount perrniss~le by the Federal
Communications Commission (FCC), should the FCC al such time regulate such fe~s,
Grantor will be responsible for mapping, designing and technical Sl~Cifications as we as
material specifications of said Instilutional N~lwork ne~s. Thc construction and
maintenanc~ specifications of the Institutional l~l~work will be negotiated in good faith · ' from thc Grantor that it plans to
bct;,veen the Grantee and Grantor upon notification
proc~-..d with the project and has developed plans for utilization of thc Institutlonal
Network.
I 1.2 Grantee agrees to work in a cooperative fashion with Grantor and ils agents with reject
to the d~sign and section of select components ne~ssary to implement ils applications
relative to the Institutional Network and, if Grantor requ~ls, Grantee shall furnish
terminal equipment at Grantee's cost, provided that the Grantee is r~imbursed by the
Grantor for said expenses.
attics acknowledge that thc agreement ~gar~l..ins _u~ag by
11.3 The p .... , eo.+o and Federal law. -1o mc
Network is subject to all t.oc.a,,
law, the Grantor or public agency agrees to indemnifY and hold harmless thc Grantee
from and against any and all claims, damages, liabilities, costs and ex proses, including
reasonable attorney's fees and costs directly related to thc material uno 12
Aukmst 22 1997
AGENDA ITEM,,
SEP 0 2 1997
If-,,
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or public agency ust'r's exclusive control carried on thc 1nstitut|onal Network, ~nclud~n~
but no~ l~m~t~ to, ~p~ht ~n~ng~ ~I, sl~d~, dc~atlo~ pater t~dem~
for inv~on or privacy claims.
All d~hts, title ~d int~e~ in all ~e I.~et Facilities ~d all ot~ ~uipm~t
materials provid~ by Gr~tcc h~nd~ shall at alt t~mcs
Grotto. All dShts, title ~d ~nt~cst ~n all ~s~iat~ facilities ~d ~ulpm~t pmv~d~
by thc Coun~ shall r~n ~clus~vcly w~th thc Co~.
~c I-Net N~ork shall be for ~e u~ of~c Co~ ~ scl fo~ h~n ~d no ~ion
ther~f shall be used by ~Y oth~ p~on ~ ~Y t~m~, wh~h~ for pa~t ot
I-Net shall be us~ only for non~o~al ~ucat~on ~d ~ov~tal pu~os~.
~c I-Net shall not bc used to ~it or r~civc ~Y corUSCation (~n what~
whcth~ v~dco, audio, dat~ voice or o~SC) d~n~ to or o~nat~n~ ~om ~Y oth~
nc~Ork, ~ncluding w~thout l~m~tai~on ~c fac~llt~ o~Y l~al or long~ist~cc
tcl~honc company cxc~t w~h the cons~t of G~tcc.
Grantor.
Section 12 public Education and Gove~ment Access provisions
12.1 ~ou~out the t~ of th~s F~c~se, ~e G~t~ shall set ~de one (1) ch~el of ~ts
tr~iss~on capaciW ~ ~ EG acc~ ch~el ~ ~c ~s~d~t~al d~but~on syst~-
On or before S~b~ 30, 1999, G~t~ s~ll ~ ~de a s~ond EG access cboe1.
12.~.~ ~e G~tee a~ees to pay the CounW w~t~n th~ (30) da~ of thc e~ect~ve
date of ~s A~c~t S50,~ doll~ for thc pu~h~e of te1~is~on
production ~u~pment for EG a~. ~c CounW a~ to pm~dc
n~es~ p~o~el at ~ ~ to p~uce p~n8 ~u~ ~e use
of such facilities.
12.1.2 EG ace,s si~al ~~tlo~ p~d~ ~out c~e to ~e G~tor
intcrco~tion faciliti~ s~11
f~m thc point of ori~nati~ to ~ s~
ups~ to ~e ~t~'s int~~l hub gte for d~
C~ ~le S~ to ~b~. G~tor shall
di~bution on ~e ~lli~ olEG ~~ni to
be ~sponsible for deliv~
12.1.3 In the ev~t ~ activat~ EG ~ ch~el is not ~ili~ for EG pu~S~,
~ G~t~ shall have ~e d~t ~ ~ ~e ~e.
12.2
Requiremcnts Regarding Rules
Augu~ 22 199'/
and procedures for Usc olEG Access Chann¢ls.
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12.2.1
12.2.2
The Grantor shall be responsible t'or establishing and enforcing rules for use
of the EG access charm¢Is.
The Grantee may not exercise any ~itofial control over thc content of
programmin~ on the designated EG access charnels as so provided under
Federal Law. to the Grantee associated with providing access services,
Whether any cost Franchise, including without limitation, the
facilities, and equipment under this
amounts set forth herein are or are not part of the Franchise fee, shall be
determined in accordance with the provisions of 4? USC, § $42. The parties
recognize that capital costs incurred by Grantee under this Franchise for
educational and governmental access facilities arc not franchise fees under the
provisions of 4? USC, § $42.
Section 13. Assignment
This Franchise may be assigned or a transfer of control effectuated only with the prior consent of
the County, which shall no be unreasonably withheld or delayed, and in within accordance with
the rules of the FCC and the Communications Act of 1931, as amended. However, in the event of
a iran s f er of the Franchise to an affiliate of Grantee, no consent shall be required but notice
thereof shall be given to the County. There shall be established a rebuttable presumption ora
transfer of control upon the acquisition by a non-controlling party of a thirty percent (30%)
ownership interest in Grantee.
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Section 14.
14.1
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14.2
14.3
August 22 1997
Remedle~
In addition to any other rights set out elsewhere in this Franchise, and subject herein, the
County reserves the right to declare a forfeiture of this Franchise, and all of the Grantee's
rights arising hereunder, in the event that:
The Grantee is found to have violated any material provision of thls Franchise; or
The Grantee is found by a court of competent jurisdiction to have willfully practiced any
fraud or deceit upon the County.
Because the Grantee's failure to comply with provisions of this Franchise will result in
injury to the County, and because it will be difficult to estimate the extent of such injury,
the County and the Grantee hereby agree to the liquidated damages in accordance with
the amounts prescribed by the current Collier County Code, Chapter 30 § 51.
Grantee thirty (30) days written notice of its intent to exercise its
The County shall give .' ' the
rights under this Section, stating the reasons for such actwn. If Grantee c':
problem within thc thirty O0) days notice period, or if thc Grantee inltiat,
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effort, to remedy the stated problem, and the efforts continue in good fa[th, the County
shall not have the right to declare a forfeiture orthe Franchise or impose liquidated
damages. If Grantee fails to cure the s~ated the stated violation within the thirty (30) days
notice period, er if the Grantee does not undertake efforts satisfactory to the County, to
remedy the stated violation, then the County, upon reasonable notice, may impose any or
all of the remedies available herein only after a public hearing upon thirty days notice at
which Grantee shall have a right to be heard.
Section I5. Expiration and Renewal
Renewal of this Franchise shall be governed by applicable State and Federal Law.
Section 16. Confidential Informatton
Grantee may identify documents, books, records or other information, which Grantee provides to
or makes available for inspection by the County under lhis Franchise as confidential Granlee
shall prominently mark any such information for which it claims confidentiality with the word
"Confidential" in letters at least one-half (I/2) inch in height, prior to submission or inspection
by the County. The County shall make a good faith effort to protect such confidential
information subject lo the County's obligations under Local, State and Federal disclosure laws.
Should the County receive a request to review Grantee's document records, books or other
information identified as confidential under the Florida Public Records Law, it will promptly
notify Grantee and provide an opportunity for Grantee to raise an objection, demonstrate why the
requested information is confidential and, ifnecessary seek a court order to protect its
confidential information.
Section 17. Forum for Litigation
Any litigation between the County and Grantee arising under or regarding this Franchise shall
occur, if in the state courts, in the Collier County Court having jurisdiction thereof, or if in the
federal courts, in the United States District Court for the Southern District of Florida.
Section 18. Notice
Any notice provided for under this Franchise shall be sufficient if in writing and delivered
personally to the following addressee or deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed as follows, or to such other address as the
receiving party hereafter shall specify in writing:
If to the County:
August 22 1997
County Administrator
Collier County
3301 Tamiami Trail East
Naples, FL. 34112
AG~iDA ITE~' ~
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With a copy lo:
Franchise Administrator
Collier County
3301 Tamiami Trail East
Naples, FL 34112
If to the Grante~:
System Manager
Collier County
1610 40* Terrace S.W.
Naples, FL. 34116
With a copy to:
Legal Depaxtrnent
Time Warner Cable
290 Harbor Drive
Stamford, CT. 06902
Section 19. Severability
If any section, subsection, sentence, clause, phrase, or other potion of this Ordinance is, for any
reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body,
or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent portion. Such declaration shall not affect the validity of the remaining portions
hereof, which other porlions shall continue in full force and effect.
Section 20. Non-Discrimination
The Grante~ shall not discriminate in any manner on the basis of age, race, s~x, handicap, color,
~ national origin, or religion.
Section 21. Non-Divestiture
This Franchise shall not divest the County of any right or interest in thc public fights-of-way.
Section 22.
22.1
August 22 1997
Letter of Credit
Within sixty (60) days following the award of the Franchise., thc Grant~ shall deposit
with the County a letter of credit from · financial institution, spproved by tbe County's
Finance Director, in the amount oftcn-thousmvi dollars ($10,000). The form and content
of thc letter shall be approved by the Count~ Ailorncy. The letter ofcmtit shall be used to
insure thc fa/fitful perfomm~ ofg~ Grantee ofall p, o~'aious oftbe Franchise stol
compliance with all orders, permits and diro:ilom ofmry sgcncy, commisaio~ bored,
department, division, or office oftbe County excn:ising ~ over the Grantee's
acts or defaults, and payment by ibc Grantce of any penalties, claims, liens, r~gdated
dama.ges, fees duc thc Cotmty. -
AGENT)A ~
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22.7
If the Grantee fails to pay to the County any compensation, not in dispute, due the County
within the time fixed herein; or tails, after ten (10} days notice to pay to the County any
penalties, claims, liens, liquidated damages, fees due the County, such failure by the
Grantee can be remedied by d~nand on the l~er ofcrediL The County may immediately
reque~ payment ofthe amount due from the le~er oferediL Upon ~uch request for
payment, the County shall notify thc Grantee of the amount and date thereof.
Thc letter of credit shall be ma|ntained at ten thousand ($10,000) during thc entire term of
thc FranchiSe unless modified in accordance with the procedures provided for in this
Agreement In the event that amounts are withdrawn pursuant to this Section, the
Grantee, shall take any r~uired action to restore the l~er of credit said total amount of
ten-thousand dollars ($I 0,000) within ten (10) business days of notification by the
CounV/of its withdrawal agalnst the letter of credit unless Grantee commences a legal
action challenging the basis of the withdrawal.
The fights reserved to the County with respect to the letier ofcredi! are in addition to all
other fights of the County, whether reserved by the Franchise, or authorized by law, and
no action, proceeding or exercise ora right with respect to such a letter shall affect any
other right the County may have.
The letter of credit shall contain the following endorsement:
"It is hereby unfferstood and agreed that this letter of credit
shall not be canceled by the surety nor the intention not to
renew be stated by the surety until thirty ($0) days after
receipt b.v the County, by registered mail, ora written
notice of such an Intention to cancel or not to renew."
The Grantee shall renew the letter of credit not less than thirty (30) days
prior to its expiration and provide a copy of the renewal to the County.
Failure to comply with this provision shall entitle the County to draw
down the letter of credit in its ~firety.
The other provisions of this Section notwithstanding in lieu ora letter of
credit, Grantee may elect to provide to the County evidence which
reasonably establishes the Grantee's financial ability to meet the terms
of this Franchise
Section 23. Remedies-Cumulative
All remedies provided under this franchise agreement or Chapter 30 of the Collier County Code
shall be cumulative, unless otherwise expressly stated. The exercise of one remedy shall not
foreclose use of another, nor shall it relieve the Grantee of its obligations to co,
August 22 1997
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Franchise. Remedies may be used singly or in combination; in addition, the County may exercise
any rights it has under applicable law.
Section 24. Books and Records - Inspection
The County may inspect the books, records, maps, plans, and other documents, including
financial documents, in the control or possession of the Grantee, or any affiliates, to the extent
the affiliate is acting as an operator of the Grantee's Cable System to the extent such inspection is
required: (1) to enforce the County's rights or assess compliance with the Franchise and
applicable law; (2) in the exercise of any lawful regulatory power. The material may be
duplicated at a County facility unless the County agrees to inspection and copying at some other
place. Material that the County requires Grantee to produce under this Section shall be
produced upon reasonable notice, no later than thirty (:30) days after the request for production.
Requests for extensions of time to respond shall not be unreasonably denied.
Grantee may request that the County treat records containing trade secrets or proprietary
information as confidential under the Florida Public Records law. To the extent authorized by the
Public Records law and other applicable State and Federal law, the County shall maintain the
confidentiality of information designated "proprietary" by the Grantee. Should the County
receive a request to review Grantee's records or books under the Florida Public Records Law, it
will promptly notify Grantee and provide an opportunity for Grantee io raise an objection,
demonstrate why the requested information is proprietary and, if necessary, seek a court order to
protect its proprietary information.
Section 25. Books and Records - Reports and Responses to Questions
25.1 Grantee shall provide the following reports to Grantor:.
25.1.1
25.1.2
A quarterly Franchise Fee report listing Gross Revenues received.
Within ninety (90) days after the close of the Grantee's fiscal year, the Grantee
shall submit a written annual report including a financial statement, including a
statement of Gross Revenues which shall be certified by an official of Grantee.
25.1.3
25.1.4
August 22 1997
Grantee shall file with thc County any notice of deficiency, forfeiture, or other
document issued by any State or Federal agency which has instituted any
investigation or civil or criminal proceeding naming the Cable System, the
Grantee, or any operator of the Cable System, to the extent the same may affect or
bear on the operations of the Grantee's Cable System.
The Grantee shall file with the County any request for protection under
Bankruptcy laws, or any judgment r~lated lo a declaration of bankruptcy by the
Grantee, any affiliate which controls or manages the Grantee, or any operator of
the Cable System.
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Section 26. Books and Records- Malntenanee
26.1 In addition to reports required by this Franchise, the Grantee shall maintain records ofthe
following:
261.1 FCC proofofperformance; and
26.1.2 Monthly records demonstrating compliance with applicable Customer Servke
Standaz~s.
Section 27. Inspection of Plant
Thc County may inspect thc Grantee's Cable System during construction, and anytime thereafter
upon reasonable notice to thc Grantee. If, based on subscriber complaints or its own
investigation, the County believes that the Cable System may not be operating in compliance
with the Franchise Agreement or applicable Federal rules, it may require Grantee to perform
tests, prepare a report and present to the County the results of those tests. The Grantee shall
report each deficiency and take prompt action to remedy it. Ifa test shows no deficiency,
Grantor shall reimburse Grantee for the cost of the tests.
Section 28. Insurance
28.1
Within thirty (30) days after the effective date of the Franchise, Grantee shall provide
proof'of the required insurance. The Grantee shall maintain this insurance throughout the
franchise term. Insurance shall include, in amounts not less than those provided by
Chapter 30 § 36 of the Collier County Code.
28.2
Thc insurance coverage obtained by this franchise in compliance within this Section shall
be approved by the County's Risk Management Office, arid copies o£such insurarge
policies (or certificate of insurance) shall be filed with the County.
Section 29. Emergency Alert
The Granlee shall install and maintain an emergency alert system lEAS] pursuant to Fee's rules.
August 22 1997 19
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Section 30. Service to Public Buildings
Grantec shall, upon request, provide service to public buildings located within one hundred fifty
feet (I $0') of Grantee's existing distribution system; provided, however, that if adequate
underground conduit is provided by the requesting publlc agency, Grant~ shall, upon request,
provide service to public buildings within two hundred fifty feet (250) of Grantee's distribution
system. All charges for installation and provision of Cable Services to such public buildings
shall be at Grantee's current rate. Neither the County nor arty other person may resell such
services.
Section 31.
31.1
31.2
31.3
Four Year Review: Performance Monitoring
During the years which commence on the fourth anniversary or any multiple thereafter, of
the effective date of the Franchise, the County may commence a review of Grantee's
performance under the Franchise. As part ofthis review, the Grantor may consider:.
a) whether the Grantee has complied with its obligations under the Franchise and
applicable law;
b) whether customer service standards, technical standards, or bond or security fund
requirernents are adequate or excessive; and,
c) other issues as may be raised by the Grantee, the Grantor, or the public.
The County shall conduct public hearings to provide the Grantee and the public the
opportunity to comment on the Grantee's performance and other issues considered as part
of the four-year review.
Any revisions to the Franchise Agreement which either the County or the Grant~ wishes
to make as a result of these r~views shall be proposed under the procedures established
herein.
31.4
August 22 1997
Periodic Evaluation, Review and Modification
31.4.1 In addition the County may, upon thirty (30) days notice, r~qu~st evaluation and
review sessions at any time during the term of this Agrozment and Grant~ shall
cooperate in such review and evaluation; provided, however, there shall not be
more than one (1) evaluation and review session during any four year period.
a) Topics which may be discussed at any evaluation and review session include,
but are not limited to, rates, channel capacity, the System performance, EG
access, municipal uses of cable, Subscriber complaints, judicial rulings, FCC
rulings and any other topics the County or Grantee may deem r~levant.
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h)
During an evaluation and review session, Grantee shall cooperate fully with
the County and shall provide without cost such reasonable information and
documents as the County may request to perform the evaluation and review.
c)
If at any time during the evaluation and review the Grantor reasonably
believes there is evidence of inadequate technical performance of the Cable
System, the County may require Grantee to provide a copy ofthe most recent
proof of performance test at Grantee's expense. In making such request, the
County shall describe and identify as specifically as poss~le the nature of the
problem. Grantee shall cooperate fiilly with the County in providing such
tests and shall report to the County results of thc test.
d)
As a result of an evaluation and review r~sslon, the Grantor or Grantee may
determine that a change to the System or in terms of the Franchise may be
appropriate. In that event, either the County or Grantee may propose
modifications to the System or the Franchise. Grantee and the County shall, in
good faith, review and negotiate the terms of the proposed change or any
proposed amendment to this Franchise.
Section 32. Conflict with Collier County Code
The provisions of the Regulatory Ordinance, Chapter 30 of the Collier County Code, are hereby
incorporated herein by reference as if set out in full, and form part of the terms and conditions of
this Agreement. In the event of any conflict between the terms and conditions of this Franchise
and the provisions of the Regulatory Ordinance, the terms of this Franchise shall prevail, except
where conflict arises from lawful exercise of the County's police power.
Section 33. Reservation of Rights
Grantor and Grantee reserve all fights that they may possess under the law unless expressly
waived herein.
Section 34. Acceptance of Franchise
Within thirty (30) calendar days following the grant of this Franchise, the Grantee shall file with
the Grantor its payment, if applicable, relating to Section 12.1.1 required herein, together with
a certificate of insurance required herein. The Grantee shall state that it agrees to be bound by
and to comply with all requirements pursuant to the provisions of this Franchise. Such
acceptance and agreement shall be acknowledged by the C-rantee before a notary publio, and
shall as to form and content be approved by the County Attorney.
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Section 35, Force MaJenre
The time within which Grantee shall be required to perform any act under the Franchise shall be
extended by a period o£time equal to the number o£days performance is delayed due to a force
majeure, not shall Grantee be subject to any penalty hereunder becattse ofacts or failure to act
due to "force majeure." The term "force majeu~" shall mean delays due to acts of God, war,
civil disturbances, fire, unavoidable casualty, conslructlon delays due to weather, failure of
supplier(s), or for other causes beyond the control o£Grant~e.
Section 36. Effective Date
This Franchise Agreement shall take effect immediately upon adoption. Passed and adopted on
this second day of September, 1997.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed.
ATTEST:
Dwight E. Brock
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:. By:.,
Deputy Clerk
Timothy L. Hancock, Chairman
August 22 1997 22
AGEUDA ITEM
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ACKNOWLEDGEMENT:
Florida Cablevislon Manag~'nent Corporation, hereby a~s to be bound by and to comply wiih
all requirernents pursuant to lhe provisions ofthls Fr~chise A~reemenL
By:,
Henry Harris, President
Ailania Nadona! Division
ATTEST
corp-seal
ATTEST
State of Florida )
County of Collier )
The foregoing Franchise Agreement was acknowledged before me this second day of September,
1997, by , who produced ~ Florida Drivers License #
as identification.
Notary Public
Approved as to form and legal sufficiency:
,tv--C
Assistant County Attorney
August 21 1997
,A,,,GEIIDA II'_E~',J ~
RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO.
59.616 "RAMSEY EXCAVATION", LOCATED IN SECTION 14, TOWNSHIP 49
SOUTH, RANGE 26 EAST, (UNIT 27, TRACT I8, GOLDEN GATE ESTATES)
COLLIER COUNTY, FLORIDA
To approve Commercial Excavation Permit No. 59.616 "Ramsey Excavation" in accordance with
County Ordinance No. 92-73, Division 3.5.
Project Plan Review ha~ completed the r~ew of the excavation permit ~pplicafion. The
Petitioncr intends digging a 0.85 acre lake on a fiv~ (50) acre tr~ in Golden Gate Estate~. The
lake will genera~ ~pwximately 10,000 C.U. of fill of which $000 C.U. will be u~l on site for
~he housc pad, ro~d and berms. The other 5000 C.U. will be removed from the site. Tha~ removal
requires a commercial excavation penniC
FISCAL IMPACT:
The Cormnunit~ Ik'v¢l~ Fund (113) has rt.,ired sn application r~view fcc of $$$0.00 and
will realize a permit fcc of $85.00.
The appwpriatc mad impact fcc fund will rccciw (~oX.) $$00 (to be calculated later).
The security mount will bc $25,000.
GROWTH MANd%G~ IMPACT:
None
Executive Summary
"Commercial Excavation Permit #59.6
August 22, 1997
Page 2
Executive Summary
'Commercial F. xc. avafion Pm'mit #59.616"
AugUs122, 1997
Page 2
That the Board of' County Commissioners approve Comm~ Excavation Permit No. 59.616,
Ramscy Excavation.
PREPARED BY:
Start Chrzanowski, P.E.
Senior Engineer
Project Plan Review
Date
REVIEWED BY:
(Thomas E. Kuck, P.E.
Engineering Review Services Manager
Plaming Services Department Director
/SC/den/fiW. xcavafion form~
I
pERIMETER EASEMENT
SIDE SET BACK
RL~NE OF' GO' BISECTING EASEI~
SITE PLAN
GOLDEN GATE UNIT 27
ALL OF TRACT 18
3332 WHITE BLVD,
30' RDAD EASEMENT
REQ~ZBT %~ APPROVE FOR RECORDING THE FINAL PLAT OF "t~RLIN~ OAKS
PHASE
To approve for recording the final plat of .Sterling Oaks Phase 3A",
a subdivision of lands located in Section 10, Township 48 South,
Range 25 East, Collier County, Florida.
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of .Sterling
Oaks Phase 3A". These documents are in compliance with the County
Land Development Code and Florida State Statute No. 177. All fees
have been paid. It is the intent of the developer to record the plat
prior to construction of the improvements. The security in the
amount of 110% of the total cost of the required improvements is
being covered by construction and maintenance agreement and a Cash
Bond. This would be in conformance with the County Land Development
Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of
.Sterling Oaks Phase 3A" be approved for recording.
~_~7~: The fiscal impact to the County is none.
The project cost is $178,834.00 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $ 56,807.00
b) Drainage,
Paving, Grading - $122,027.00
The Security amount, equal to 110% of the
project cost, is $196,717.40
The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $3,661.66
Fees are based on a construction est
$178,834.00 and were paid in June, 1997.
SEP 0 ~ 1997
Executive Summary
Sterling Oaks, Phase 3A
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac- $ 451.04
b) Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $ 284.04
Drainage,
Paving, Grading (.425% cost.) $ 518.62
c) Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $ 852.11
Drainage,
Paving, Grading (1.275% const, est.) - $1,555.85
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
That the Board of County Commissioners approve the Final Plat of
"Sterling Oaks Phase 3A" with the following stipulations:
1. Accept the Cash Bond as security to guarantee completion of
the subdivision improvements.
2. Authorize the recording of the Final Plat of "Sterling Oaks
Phase 3A."
3. Authorize the Chairman tO'execute the attached construction
and maintenance agreement.
4. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
PREPARED BY:
~, Sen-~ Engineer
Engineering Review
REVIEWED BY:
Engineering Review Manager
Donald .W.
Pl~f~g Services D.~re'ctor
Vincent A. Cautero, Aom/nls~rator
Community Development & Environmental Services
Community Dev. and Environmen~al~'~vcs. DIVISION
Date
Date
Date
..... -' *, ..v. LEE;COUNTY~ . ~.' '
· MEXICO
LOCATION' MAP
N.T.S.
CONSTRUCTION AND MAINTENANCE AG~ FOR
SUBDIVISION
THIS CONSTRUCTION AND MAINTENANC£ AOREE~ FOR SUBDM$ION
IlvITROVEiVIENTS cutered into this ~._.__.. ,~y .=------. of I~'/~ C. ouunu~
Develop,~'ut Coqx:rration of Si.ling Oak,, ~ t~'red ~o as 'Devdop~', and th~
of Coun~ Comu~ion~ of Cotlkr Com~, FIoF~, ~ ~ to. as '.Th~
D~I~ has, sinml~ly with ti'a= ddlvery of this A~'~mcnt, applied for the
approval by the Board of a certain plat of a subdivision to be known as Sterling Os.ks
Pha~ - :lA.
Division 3.2 of the Collier County Land Dcvcl~ Code requires the Dcvclopcr to
post appropriatc {uarantees for thc con,stmcflon of the improvements PXlulred by said
subdivision regulations, said {uaran~ees to ix= incorporated in a bonded a~'ccmcut for the
conmucdon of the rcqu~ improvements.
NOW, THEREFORE, in consideration of tlz forugoin{ Fl~niscs and mutual covenants
hcrciuaflcr sci fol~h, Dcvclopcr and the Boazd do hc~by covenant and agree as follows:
Developer will cause to be constntc~ the requ[t~ improvements ~ set forth in
the site con.stn,cdon cost estimat~ ('Estlm~') pt'vpar~ by Q. Grady Minor &
Associates, P.A., a copy of which is attached hcrelo and lm'otporated herein as
~.xhibit 'A" w]thin 12 months from the datc of approval said subdivision plat,
said improvements h~ceiuaft~ refcired to a s thc required improYcmcnts.
Dcvclopcr hcr~ith tenders its subdivision performance security (artacbed hereto
as ExMbit 'B') and by rcfcrence made a part of in thc amount of $195,"/17.40
which amount rct,resents 10~ cd'the total contract cost to coruplcic construction
plus 100% of thc estimate cost ofto complete {he rccluircd impmvemcnts at thc
date of this Agrecmc~.
Ia the crc'hi of default by the Do'doper or ~ of the Developer to complcte
such improvunents within the ~ teqult~ by tl~ Land Ik-wlopmeat Cod~,
Collicr CouaT. n~y call upon ~3e subdividou per~ormsn~ secu,,ity to i=swe
satisfactory completion of the reqdmi ~.
4. The required improvements shall noi be ~ complete until a mtcment of
substtntial completion by Developer's cn~ncer alon{ with the final project
Serviccs Director for comp{{-,',,~- with ~ Collicr Cottufy
,..... ;... .... . .... ,.,.' .-.-.'.,,.,.,...'---. sEPo,,
..... _. ........ . ..... ~::.._ ......... ?...:. ~_ -----_~.
5. The Development Scrvlces Director ~hail widgn sixty (a)) days of receipt of the
statement of su~stant~l compI~on, eitl~r: a) notify ~e Developer in writing of
his preliminary npprovnl of the imp~,ovements; er b) noti~ ~ IX~¢lOl~r in
writing of his ~fusal to aI~'ove [mpruveme~, Rt~with specifyLng those
conditions which the Develolxr must f~.tlf'tll in order Io ob,a~n tt~ Director's
appruval of the improv~-uts. However, in no event shall the Developmen~
Services Dkec~or refuse prelimi~ry approval of Rte in~rovemen~ if Rtey an: in
fact constructed and submi~ed for approval ~n accordance with the requh-ernrnts
of this Agreement.
6. The D~veloper shah malaria all requh'ed improvements for a rnln~rnu~ period
of one year after p~l.kcE~ary apl~oval by Ihe Development Services Director.
After the one yea ~e period by tl~ Developer has termlna~, the
Developer shall petition Rt~ Development Service~ Dizec~or to inspect the ~-quired
irnprovemenls. The Development Services Dh-ec~or or his design~ shall inspect
the improvements and, if found to be ~ in compliance by Rte Boazd, the Board
shall release Rte remaining 10% of the subdivision performance securi~. The
Developer's responsibil[ty for n~aintenance of Rte ~ improvemettts shall
continue unless or until the Boa.~d accelas ~ respons~ility for and by
the County.
7. Sk (6) months after the execution of this Agreement and once within every
(6) month~ thereafter the Dev¢Iop~r may reque~ the Develol~nent Services
Director to reduce the dollar amoun~ of the sub<lirision performance security on
the basLs of work completed. Each request for Rte reduction in the dollar amount
of the ~b<llvision performance t~,curiry shall b~ accompanied by a slatement of
sub~nQal compl,:tion by Rt~ Developer's engineer tolether wlth the project
records necessary for review by the Development Services DL,'ector. 'I'ne -
Development Services Director may gran~ the requczt for a reduction in Rte
amount of the sutxlivision performance secttrity for the improvemenls completed
a.s of the ~a~e of the request.
8. In the event the Developer shall fall or neglect to fulfill its ob~ations under this
_ Agra-mcat, upon certification of such failure, ~ County Admin.Lsu-ator may call
upon the subdivision performance security lo secure saQsfac~ory completiou,
-' repair and maintenance of the required Impruvemcnt. The Boazd shah l~v¢ tl~
_ right to ~ct and maintain, or cause to be constructed or maintained,
~rsuant to public advertisement and r~ceipt and acceptance of bids, Rte
~ improvements required herein. The Developer, a.s l~tneipal under Rte subdivision
.. performanc~ sec~rhy, shah be liable to pay and Io indemnify the Boal'd, upon
co. lemon of such cons~ucdon, the final total cost Io llz Board thereof,
.-. including, but not limited to cng~, legal sial confluent co~, to~eRter with
_ an7 damages, cith~r direct or consequent, which the Board may sustain on
;', account of thc failure of ~c Dc~Iopcr to full'gl ail of the p~visions of this
~, Agreement.
9. All of the terms, covenants a~d cozalitions herein contaiued are a~d shall be
bhldh~ upon thc Dcvcloper ~ thc rcspcctlve successors ~ assigns ur the
Developer.
SEP 0 t 1997
IN WI'I"~t~$ ~OF, fl~e Bo~d snd Dev~loI~ l~ve caus~ tiffs Agreement m be
cx~'utcd by their duly ~uthoriz~ rt~.~,~mtlv~ fl~ ___.__. day of. ~, 1997.
$|gncd, r~aled ~ d~liv~..d
in the pre.ncc of:
ATTEST:
DWIGHT 1~. BLOC~, Cl~'k
De~y Cl~tk
Community D~clopmeat
Cotpot~oa of Sterling Oaks,
A FlorI~ Corpo~tion
BOARD OF COUNTY COMMISSIONerS
OF COLLII~ COUN'I~, FLOIUDA
TIMOTHY L HANCOCK, CHAIRMAN
A~rov~ as to form and
legal sufficiency:
Collier Ccnm~ A~omey
El.tING OAKS COHSTFIUCTIOH, IN
~...~T . 0~3
.. 169g0 TA~IA~I TI%AIL NORTH ,' o '
'i-? ',:'....' ' NAPLES, FLORIDA 34110
""::':;"' : :'" ' """'"'~ 002053
One Rundred ~!net7 S~x Thousand Seven Hundred. Seventeen Dol. ler. and Z,0/1[*********~196,?~?./,0 --.
ENGINEER'S COST ESTIZ4ATE
INFRASTRUCTURE RELATED IMPROVEMENTS
STERLING OAKS PHASE 3A
STERLING OAKS JOINT VENTURE
Prepared by:
Q. Grad)' Minor ar. Associates, P.A.
Civil En~4neers · Land Surveyors · Planners
3800 Via D~! P-,e7
Bonita Springs, Florida 33923
(941) 947-1144
JULY, I~)6
Co
Do
A-1 Clearing - 2 ac. @ $1,g0011c
A-2 Silt Fence - 0 l.f. @ $3/1.f.
A-3 Off-sim Fill - 12,580 c.y. (fill from
TOTAL FOR "A"
$3,600
$0
$50,320
$~,920
DRAINAGE IMPROVEMENTS
B-1 15' RCP - 162 l,f. @ $25H.f.
B-2 FDOT Typ~ "C' Catch Basin - 3 @ $$50/~a.
TOTAL FOR "B"
$4,050
$2,550
$6,600
SANITARY SEWER SYSTEM
C-1 8' Gravity Sewer - 1,034 l.f. @ SlSfl.f.
C-2 Sanitary Manhole - 6 @ $1,400/ea.
C-3 Lot Service Laterals - 32 O $250Iea.
TOTAL FOR "C"
WATE~ DISTRIBUTION SYSTEM
D-1 8" Water Main - 1,1265 l.f. @ $9fl.f.
D-2 8" Te~ - 1 @ $450/ea.
D-3 8' Bends - 12 O $300/ea.
D-4 Fire Hydrants - 30 $1,700
D-5 Water Servic~ Sleeves - 420 l.f. O $3fl.f.
TOTAL FOR "D"
$18,612
$8,400
$$,0OO
$35,012
$11,385
$450
$3,600
$5,100
$1,260
$21,795
(1)
ROADWAY CONSTRUCTION
E-1 l~h' A.~halt - 3,147 SCl. yd. @ $3lsq. yd.
E-2 $' Mmerock Base - 3,147 sq. yd. ~} $5lsq. yd.
E-3 12' Stabilized Subgrade - 3,671 sq. yd. ~ SI/sq. yd.
E-4 Curb & Gu~er - 2,360 l.f. @ $4/1.f.
E-5 $idewaIks- 4,?20 sq. ft. ~} $1/sq. fl.
E-6 Signag¢ and striping - 1 ~ $2,000
E-? Sod, Seed and Mulch '- 1 ~ $3,$00
TOTAL FOR "E"
$9,441
$15,'/35
$3,671
$9,440
$4,720
$2,000
$3,500
$48,507
STREET LIGHTING AND LANDSCAPE
F-1 Street Lights - 4 @ $2,000/ca.
F-2 Landscape - Lump Sum
TOTAl, FOR
$8,000
$5,000
$13,000
GRAND TOTAL = $178,834
m
(2)
b"TERLING OAKS PHASE 3 A
Review and Inspection Fee Calculations
.. Plat
$425 + 6.509 ncres x $4/acr~ ,,
Subdivision
b.
Utility
l~view
0.425% x 122,027 -
Inspection
1.275% x 122,027"
$451.04
$518.62
$1,555.85
Clearing
Review
0.5% x 56,80'/
b. Inspection
1.5% x 56,807
1 acre x $85/$43 acre
Total
$2~.04
$852.11
$128.00.
$3,789.66
fi]~.~: Notification to the Board of County Comm|ssiona's oi' the recommended speed
limit changes from 30 MPH to 25 MPH for the bdow listed roadways in conformance with Board
action on August 6, 1996 and Resolution 96-340, allowing residential roadway speed limit
reductions to 25 tv~H.
Andrew Drive
Caldonia Avenue
Calusa Avenue
Bayside Street
Connecticut Avenue
Linwood Avenue
Frances Avenue
Shadowlawn Drive
Pineland Avenue
Pellon Avenue
In addition, request approval to establish a 25 MPH speed limit on Commercial Drive and Kiflc~ood
Avenue and approve the proh~ition of operating tracks and other commercial vehicles having a
rated load-carrying capacity in excess of five(5) tons from through movements on Andrew Drive,
Caldonia Avenue and Calusa Avenue in accordance with Collier County Ordinance $3-35.
F, QI~I~~: Based on findings ora study promulgated by citizens complalnts for Andrew
Drive, Caldonia Avenue and Calusa Avenue, the entlr~ contiguous roadway network bordered by
Airport-PuIIing Road(CR 31), Davis Boulevant(SR 84) and Rou~ US 41(SR 90) was reviewed for
safe and re~sonable speed zoning. Several ofthes~ roads sr~ si~ned for 30 MPH and oth~ra ar~ not
signed for spe~ control Establishing a 2~ MPH Speed limit on th~r,e roads will b~ in the be~'t
intere~ and safety ofthos~ r~siding witlgn this ~ Furthermore, tho ~xlstlng 30 MPH spe~ limit
on Shadowlawn Drive should b~ r~uned to 2S IVIPH, because of ~ egste~a:~ of an elementary
school and chm'ch Ol~"a~ ~uth activity center. The spell study also identified two(2) cerumen'iai
roads within the n,~work thai should also b~ zoned for 25 MPH. Commercial Drive and Kidcwood
Drive connect with r~sidential roads within the network and du~ to the proximity of the commercial
activities lo the r~sident;al ar~s, it would also b~ in the ~ inter~'l and saf~y of all concerned to
establish 25 MPH speed zone~ on these two(2) commercial roads.
Thc rcsults of thc study also indicated that throui~h truck traffic should bo rcsiricted on Andrews
Drive, Caldonia Avenuc and Calusa Avcnuc duc to thc fact that these roadways arc ~ully developed
residential with r~tric~ed pavement widthz and nan'ow righ~-of-way. Furthermore, tbo~e road~ do
not have adjacent sld~walks to accommodate school childr~ walking to the rear access of the
Sh~owlawn Elcmentaty School property. The c, xistenco of ilv~h truck traffic on tbos~ roads is
not conducive to an appropriate safety environment for pedestrians.
Approximately twclve(12) cxisting signs will bo r,~vised and fii~-n(l~) new speed signs will bo
erccted and thrU3) track prohibition signs will bo installed. The following indicates thc cost
distribution r~flected as the r~sul! of thc proposed actions:
Sign Revisions $48.00
Ncw Speed Signs $900.00
Truck Prohibition Signs
Total Mac-rlal Cost $1,128.00
These signagc revisions and installations will be accomplished during routine work within thc arca.
I~SCAL IMPACT: Estimated cost of $1,125.00 as outlined above is available in toad & l~ridge
l~u~i (101), Cost Cent. er 163630 ('Infflc Oparatio~), vhlch h~s a balance of
$33,957.92 avail~ble in Operati~
_GROWTH MANAGEIV~NT IMPACT: Not applicable.
]~COMM~NDATION: That thc Board of County Conuniasloners approve thc establishment of
thc 25 MPH maximum speed limits for thc listed residential roadways, adopt a resohitlon for thc
establishment of 25 MPH limits for Commcrcial Drive md Kitkwood Avenue and to adopt a
REVIEWED BY: ' ~
David F. Bobanick, Interim Tranzportagon
Ed Ilschncr, Public Works Administrator
ck Ixohi'bigon f~or Andr~ Drive, C. zldonia Avenue and Calu~a Avenue.
~s~y.T~O~_ jec~ Mm~g~r
DATE:~
RESOLU'flON HO, 97-_.___
A RESOLUTION I~OH~ITINO THE OPEI~TION OF TRUCKS AND
OTHER COMMERCIAL VEHICLES HAVINO A RATED LOAD-CARRYING
CA{'ACITY IN EXCESS OF FrV'EiS) TONS FROM
MOVEW~ ON ANDREW DRrVE. CALDOhrIA AVENUE. AND
CALUSA AVEN~-
9 WHEREAS. Ch~p~ 316. Florida S~ml~. p~-mi~ ~ Bo..rd ot; County Comm{~ion~ lo
10 proh~it o~ r~gu~al~ any ¢la~ or {dna of ~-~fl]¢ four~ {~ b~ {n¢omp~'blo wi~ ~ ~al ~ ~r=
i2 WHEREAS. ~n ~g{n~-ring ~udy by ~he Collier County Tm~po.~t{on D~p~mr., ~
~3 indicai~l that ~c~s|ve {brough ir~fl]¢ |s not c~npat~1= with ~|s'i[ng road ¢ondltion{~ jnd
14 usnge along Andrew Drive. C~ldonia Avcnue. and Calu~n Aw-nu~. and s|nce ihe ~r~t~ m'~ with|n ·
IS fully d~.v¢~op~d, r~kkni|al ~ and ~ ihe p.~v~-nt width ~d ~ right-or-way width ~ no{
1~ conducive lo truck traffic; accordingly l~e Colli~ Couniy TranSition D~Im~"'rm~m'~
17 Iha! such through truck trafl~¢ b~ proh~it~L
t~ NOW, THEREFO~ BE IT RESOLVED BY THE BOARD OF COUNTY
19 COMMISSIONERS OF COLLIER. COUN'T~, FLORIDA, lhat Ih= Board of
20 Comm~=s|on~rs do~ ~-,rcby proh}'o|! ~ho operation of troclr~ ~nd oth~' commcrc~a! vch|¢l~s ~n~n[
2~ ralcd load-~m'ry~n~ Cap~lty |n cx;~ of flvc(~) ~o~ from Ihrough movements o11 Andrew
22 C=~doni~ Avenue, and Ci~usa Av~nu=, and does hereby d~rcc~ Ih= County Transpor~=~on
23 Department lo crcc~ ${gns giving notlc~
24 BE IT FURTHER RESOLVED thzt · copy of ~hil resolution I~ forwm-d~ to the Collier
2S County ShcritT for p~o~r enrorc~nent or [hls proh~ilion under Collier Courtly Ordinance No.
26 35.
27 This P.~olu~ion ~dop~ed afl~ moron, second, and majori~
DATED:.
30 ATTEST:
DWIGItT E. BROCK. Clerk
32
33 BY:.
34
36 Approvocl ~ to form and
lcgal su flflclcr~')e.
40 bayed C. W~g¢l
41 Colli~r County Attorney
~2
BOARD OF COUNTY COMMISSION
COLLIER. COUNTY. FLORIDA
BY:
TIMOTHY L. HANCOCK, Ch~inn~n
RESOLUTION NO. 97-._____
2
~ A RESOLUTION TO AUTHORIZE REDUCTIONS OF
4 SPEED LT~ITS TO TW'ENTY I:TVE ~ PER HOUR(2.q
~ MPtO ON COMMERCIAL, DKIVE AND IORKWOOD
~ AVENUE.
~ WITEREAS, Chaplcr 316, FIo~da Stst~-tes, pe~nits. ~be ~oard of Com~
9 Commission-r: to liter or estibtish qxad ltmPJ off folds unda' J~ Jmts~ion~ sM
z0 WTTEREAS. Commercial Drive ·nd Kh4cveaod Avenue fall u~ler l~e j~isdicfion of
~ the Board of Camm/Commisslone~,
zt W1fEREAS. in ae. cerdance with Secdon 316. Flori~l~ $l.~sles, Ibe Bce~d of Com~
13 Co~r~rlisz~o~'~z roay set speed zones altering such ~xlsting speeds whak aRer inves~igstion
:4 d~crmlnes such · liroit is reasonable;, and
IJ WHEREAS. Comroe~ctal Drive and Kirkwood Ave~ne ar~ comih~ous wi~ a
16 resldc~tial s~r~et nc~,~4c, which az~ counted with land widths in anticipation
17 accororoodating o~ly iow traffic volumes wit~ vehicles ~ravellng s~ ~v speeds; snd
1l V:'TI~'REAS. an engineering study by Collier County Trnnsporlation Servlees
19 l')~artro~nt has determined Ih:ti · speed limit of twe~/five toiles per hour25 MPH) would be
2o npprop~ate for Comm~cial Drive ~nd Kirkwood Avenue due 1o the woxiroity ot' conliguo~
21 resld~ntial roadways of I~se~ tben pre·em County
~2 NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ~ the Board of Cmmty
~4 Comroisdoneri does ~ establish a twenty five rotles per Imm(2$ MP10 speed limit an
2s Commercial l~ve and Kirk-wood A~-~e, and does hen:by dir~ tbe Coumy Tnmspormton
26 S,_.~rvlces Department lo ~ signs llvJnl notice thcs~of.
27 BE fT T"u'R~ RESOLVED, I1~ copy of tM· Re·or.ion be farwnrded to
2s Collier County Sl~ff's Office fm proper enfan:ement of ~is establlsl~l speed lirolt for
59 Commercial l~ve and Kidrwood Avenue.
This r~solution adopted alter motion, second m~d majmi~ vole I'avorinl s~me.
DATED:
ATTE.~: BOARD OF COUNTY COI~IlSSIONERS
DW1GI-tT E. BROCK, Clc.~k COLLIER COUNTY, FLORIDA
3o
32
33
35
36
37
39
40
41
43
44
46
47
Approved ~s to form and
legal sufficiency:.
'ITMOTHY 1.. HANCOCK, Chainnm
Speed ~ Camm .d~
ATT^~ NO. I
TRANSPORTATION SERVICES DEPAR~
ROADWAY ANALYSIS FOR 81~'KDREDUCTION
Roadw~' inspection for ~he purposes of ~lm~on ~m~ for loca! road speed
r~duction from 30 MPH to 25 ~
~ Andrew Drive
EVALUATION DATES: July 31,1997
Local Residential Sm:et or o~her
2. Road Width
3, Right-of-way Cross-Section
Sidewalks or B~e Facilities
Road Length
6, Sight Distance
7, Spccia! Gcomctrics
8, Existing Traffic Volume
9. Speed- ~0%
~ T~t~¢ ~ctc~-ticsCTl~ Movtm~Cut-Tt=u ~ovtment~) ~
~ Existing Si~ing ~d ~P
~dditlon~] ~ndln~ and R~ommendaflo~
It Is also r~ommended that ~c~ be proh~R~ from rasing through movemen~ on Andr~
D~ve and that an approp~ate si~ be pog~ at the ~tm~on ~th ~.~ ~(U~. 41).
Date Schedulcd for BCC Agen/a:_
Date of BtXI Ap~. ~al:_
Date of $.O. Notifi-a6on:_
Date of Installation:_
ATrACItMENT NO. 1
TRANSPORTATION SERVICF~ DEPARTMENT
ROADWAY ANALYSIS FOR SPEED REDUCTION
~ P.o~lway inspection for the purposes ofevalmtion ~~ts for local road speed
reduciion from 30 MPH to 25 MPH.
~ Cnlusa Avenue
EVALUATION DATE.q: July 31, 199/
L Local R~dential $~-et or other
2, Ro~d Width
4_, Sidewalks or B~e Facilitic~
Ro~d Length
Speci~l Geome~¢s
Exi~t~g Traffic Volume
10, Tr'afl'~ ~~Thm Movemen~Cut-T~
It Is also recommended that trucks be prohibited from raking through movements on Calasa
Avenue and that an appropriate s~n be posted at the l~ersecflon with C.R. 31 (Alrporl-Pnlllng
Rd.)
Dete Scheduled for BCC Agenda:.
Date of BCC Approval:.
Date of S.O. Notification:
Date of Installation:_
ATrACttMENT NO. I
TRANSPORTATION SERVICES DEPAR~
ROADWAY ANALYSIS FOR SPEED REDUCTION
Roadway inspection for the pmlmses of evaluation requirements for local road speed
reduction from 30 MPH to 25 MPH.
~ Caldonla Avenue
EVALUATION DATES: July 31, 19~/
1. Local Residential Street or other ~
2. Road Width
3. Ri/~t-of-w~y Cmss-~on ~
4_, Sidewal~ or Bike Facilities None
7. Special Geornctrics ~
8. Existins Tnt~¢ Volume 23
9. Speed- 50%
1L pedestrian/Bike Activity Yes
~l. Existing Sisninz and ld~tcinss ~
It Is also recommended that trucks be prohibited from msldnl through movements on Cnldonla
Avenue and that an appropriate sign be posted at the Intersection with C.R. 31(Alrport-l~lling
Rd.)
Date of BCC Approval:.
D~te of S.O. Notification:.
Date of Installation:.
ATTA~ NO. 1
TRANSPORTATION SERVICES DEPARTMENT
ROADWAY ANALYSIS FOR SI~ED REDUCTION
Roadway ia~y. ction for tl~ purpo~ of ~lustion rcxluirm~ts for local r~l ~
r~l~ion from 30 ~l~r~ to 25 MPH'
~ Bayslde Street
EVALUATION DATES: July 31,199~
Local Residential Str~ or other
2. Road Width
3. Eight-of-way Cross-Section
Si~ralks or Bike Facilities
~oad I~Vh
Sight Distance
7. Special Geometries
$. Existins Tr~ffi¢ V°lume
ss%
Date Schedul~ for BCC Agenda:.
Date of BC:C: Approval:.
Dat~ of S.O. Notification:_
l~te of Installation:
ATTACHMENT NO. 1
TRANSPORTATION SERVICES DEPARTMENT
ROADWAY ANALYSIS FOR SPEED REDUCTION
Roadway ~spectioo for ~e purposes ot'ev'alunti~n requirements For local road speed
r~ductio~ from 30 MPH to 25 MPH.
~ Commercld Drive
EVALUATION DATES: July 31t 1997
Local Re~i&ntial Stree~ or other
Ro~d Wkl~
Sidewa11~ or B~'ke Facilities
Exi~in~Traffic Volume
85%
LO., Traffic C~racteri~csCTltm M~Cut'Thra
J.L Peck~trian/Bike A ctiv~
12. Existing S~nhlg ~ Markinl~
ATTA~ NO. !
TRANSPORTATION SERVICES DEPARIMENT
ROADWAY ANALYSIS FOR SPEED REDUCTION
Roadw~ inspection for the purposes of evaluation r~lu~ts for local road speed
r~duction f~m 30 ~ to 25 ~
~ Connectlcnt Avenue
EVALUATION DATES: July 31,1997
I. Local Residential Street or other
2. Road Width
3. Right-of-way Cross-Section
Sidewalks or B~T,c Facilities
6, Sight Distance
L special C, com~cs
8, Existing Tra~c Volume
t, Sp~d- ~0%
85%
j.Q, Traffic CharactcristicsClTau Movements/Cut-Thru
l_h Ped~~
J.~ Existing Signing nnd Markings
Date Scheduled for BCC Agenda:_
Date of BCC Approval:_
Date ef S.O. Notification:.
Date of Instsllalion:_
ATTA~ NO. I
TRANSPORTATION SERVICES DEPARTMENT
ROADWAY ANALYSIS FOR SPEED REDUCTION
Ro~lway inspection for the purposes of gvaluatlon requirements for local road speed
~ductlon from 30 MPH to 25 MPH.
~ ~lrlovood Avenne
EVALUATION DATES: July 31, 1997
1. Local Residential Strect or other
2. Road Width
R/~ht-of-way Cross-Section
4. Sidewalks or B&e Facilities
Road Length
6, Sight Distance
7. Special Gcome~cs
8, Existing Traffic Volume
10. Tr~ffi¢ Characteristics
Pedestrian/Bike Activity
12. Existing Signing and Markings
Date Scheduled for BCC Agenda:.
Date ofBCC APlXOWl:.
Date of S.O. Notification.'_
Date of Installation'._
ATTACHMENT NO. 1
TRANSPORTATION SERVICES DEPARTMENT
ROADWAY ANALYSIS FOR Si~EKD REDUCTION
Roadw~ in~ctlon fo~ the purposes of evaluation requiremer~ for local mad speed
reduction from 30 IVlPH to 25 MPH.
~ Linwood Avenue
EVALUATION DATES: July 31,1997
L Local Residential Stree~ or other ~
2. Ro~d W'~th ~
~ Rigt~t-c~'-v~y Crops-Section ~
4_, Sidewalk~ or Bike Facilkies ~
7. Speckal C,~ometric~ ~
~ Exit, lng TrafS¢ Volume 27
$$%
.lO.. Traffic C'~aracteri~ca"~m Mov~ma~Cut-Thru Mowm~ts) ~
.i.2, Exi~tlng Sign~n~ an~ Markings
Date Scheduled ~r BCC Agenda:_
Dat~ Of BCC Approval:_
D~ of S.O.
Dat~ of lnstallat~:_
A'I'I'ACHMENT NO. !
TRAlqS~RTA~ON SEP.,VICF-,~ DEPARTMENT
ROADWAY ANALYSIS FOR ~ RZDUCrION
Roadway in~-cti~ for the purposes of enlustion requir~cnts for loc~ ro~d ~x'cd
reduction from 30 MPH to 25 MPH.
~ Frsnds Avenue
EVALUATION DATES: July 31,1997
Local Residential Street or other
2. Road Width
3. Right-of-way Cross-Section
Sidcwallcs or B~¢ F~cilities
Road Length
6. Sight Dist~ncc
Special C,~omcuics
8. Existins Traffic Volume
Speed- 5O%
10. Traffic CharacterimticsO'hru Movcmenis/C'ut-Thru Movements)
11. pcdesirianYB~c Activity
12. Existing Signing and Markings
Date Scheduled for BCC Agenda:.
D~te of BCC Appaynl:.
Date of S.O. Notification:.
Date of Installation:.
ATTACHMENT NO. !
TRANSPORTATION SERVICES DEPARTMENT
ROADWAY ANALYSIS FOR SPEED REDUCTION
R~ndway inq:~ecfi~ f~r the purp<~-s ofev.alu~on requiren'~nt' fo~ local road speed
red~cfion fi~xn 30 MPH to 25 MPH.
~ Shadowlawn Dr~ve
EVALUATION DATES: July 31,1997
L Local R,e~kknt~al Strut ~ ~
~ S~ ~ B~e Facil~i~
~ si~ Di~
~5%
~ E~g Si~g ~d Ma~
Date Scheduled for BCC Agenda:.
Daf. e of BCC Approval:.
Date of S.O. No~ific:ttion'..
ATTA~ NO. 1
TP. AN~KTA~ON SE~.V~C~S D~A~TMENT
ROADWAY ANALYSIS FOR ~ REDUCTION
Roadway inspcciion for the purposes of evaluation n~iui~nents for local road speed
reduction from 30 MPH to 25 MPH.
~ l'lnehnd Avenue
EVALUATION DATES: July 31,1997
Local R~idcntial Slzeet or other
Road Width
3. Right-of-way Cro~...Section
Sidew~lk~ or B~¢ Facilities
2, Special Geometric~
8. F. xistin~ Traffic Volume
1.9., Tra~¢ ~stics
I1. Pcdcstrian/Bikc Activity
1!, ExistinS Sisr~xs Ina M~rlcinp
Date Scbcdu~cd for BCC ASea:_
Date ofBCC Approvll:_
Date of S.O. Notification:_
Date of Inst~Ihtion:_
ATTA~ NO. 1
TRA.NSPORTAT~ON SERVICES DEPARTIviENT
ROADWAY ANALYSIS FOR ~ REDUCTION
Roadway inspection for the ~ of evaluation requirements for local road speed
reduction flora 30 IvfPH to 25 Ivll~.
~ Felton Avenue
EVALUATION DATES: July 31, 1997
Local Residential Strut or other
2, Road Width
3. Right-of-way Cross-Section
Sidewalks or Bike Facilities
5. Road Length
Sight Distaz~
Special GeomeUics
8. Existing T~ffic Volume
speed- so'~
I0. Traffic Chara~cs
.LL, Pedestrian/Bike Activity
12. Existing Signing and Markings
I:at~ Scheduled for BCC Agenda:_
D~te ofBCC Appm~l:.
Date of S.O. Notifi~tion:_
Dste of Inmlhtion:.
' COLLIER couNTY PUBLIC SCHOOLS
OFFICE OF THE PRINCIPAL
SHADOWLAWI'I ELEMENTARY SCHOOL
2161 Shedowlewn Drive
Naples, FtorSde 34112-4847
{941} 774-2965
(941} 774-7813 FAX
Au~US~ 1,8, 1997
Mr. Dave Bobanick
Interim Dh-~tor of Transpor~tion Scrvic~
3301 ~ Tantiami TF4il
lqaplcs, FL 3~112
Dear Mr. Bobanick,
As principal of Shadowlawn Elementary, I am writing on behalf of the Shadowlawn staff in
support of ~he proposed change in speed limit fronl 30 MPH to 25 MPH on Shadowlawn
Drive and the surrounding through streets. Shadowlawn Drive experiences heavy traffic
daily between '/:30 a.m. - 8:30 a.m. and 2:30 - 3:30 p.m. when school is in session. There
arc many student walkers and bicycle riders who cross Shadowlawn Drive and the~
surrounding sugets. There is only one uniformed crossing guard furnished by the Sheriff's
Dcpartmc~ at the waffic light at fig Davis/Shadowlawn intersection.
There is a Day Care facility across fig street from the school which quite a few Shadowlawn
students attend for pre-school and sfler school care. Reduction of fig speed limit to 25 MPH
would certainly enhance the safety of alt thc children who must walk or ride bicycles to and
from school.
If you have any questions about this information, please conlact me.
Sincerely,
Iody Jordan
Principal
K-~:t g4t ?'/4 s3'/s r,n~E ~'
mT .i",',:.'. ~1 PIS ?:31
. tlt
Z~
ExzCtrllV~ StrMMARY
REQUEST ~ BOARD OF COUN'rY COMMISSIOIVER5 F. STABLISH A "NO PARKING"
ZOlVf: ON CR 901 (VAND~-'RIIILT DR.) IN THI: VICINITY OF CR SSS (WIGGINS PASS RD).
~: Obtain approval from the Board of County Commissioners of the attached resoltnion
esiablishing a 'No Parking" zone along the eastern side of CR 901 (Vanderbilt Dr.) ~ the northern
end ofBridge # 030176 over Big Horse Pass and n point approximately ~30' north of CR 888 (Wiggins
Pass Rd.).
~ A safc-ty hazard exists along the eastern right-of-way of CR 901 (Vanderbilt Dr)
in the vicinity of CR 888 (Wiggins Pass Rd) when vehicles use a portion of the right-of-way for parking.
Site reviews of this location indicate that the shoulder slope is very steep and has been very badly
damaged due to motorists parking vehicles along this stretch of roadway. In addition, a sight distance
problem is created for motorists westbound on CR 888 (Wiggins Pass Rd) turning onto CR 901
(Vanderbilt Dr) due to the parking. There is also pavement damage due to tires dropping offthe edge of
pavement when vehicles attempt parking maneuvers along the right-of-way.
Under provisions established in Collier County Ordinance 8047, the Transportation Services
Department presents the attached resolution for the Board of County Commissioners approval.
~ '~No Parking' s~gns are in the existing signing inventory for use as replacement or
for use in newly deirmed areas. These signs cost $30 per sign. Approximately 8 signs will be needed for
this proj _egt. A total cost of $240 will be u.sed from the sig~_ini '..myent _ory._, ~Cher~ is $33,957.91l
availa'ble in Operating Kxt~ense~ za ~ ~oad & ~l:lega tuna {101)~ Cost C, entet:
163630 ('g~:affie Operations).
~ N/A
~ That the Board of Co~ty Commissi~ sdopt ~be attached resolution,
authorize the Transportation Services Departm~ to implement the signing as proposed and send a copy
of this resolulion to the Sheriffs Oftice requesting they enforce the no parking restriction.
REVIEV~ED ~ DATE:~ ~7
ED ~ PUBLIC WORKS AD~TOR
!
I
2
4
6
?
I
9
!o
II
12
14
16
17
II
19
2o
22
23
24
2~
26
27
2~
29
30
~2
~4
~7
4o
41
42
45
44
4~
46
47
4s
49
RESOLUTION TO ESTABUSH A "NO PARKING' ZONE ALONG 'rile EASTERN RIGHT-OF.
WAY OF CR 901 NANDERBILT DR1 BETWEEN THE NORTHERN ENO OF ~ f
0~0176 OV~ER BIG HORSE PASS AND A POINT APPROXIMATELY $~0' NORTH OF CR
888 (W1C, GIN~ PAS~ RD.).
WHEREAS, on May 20, 1980, the Collier County Board Of County Commissioners
adopted Comer County Ordinance NO. 80~7 regulating parking In the unincorporated
areas of Comer Count~, and
WHEREAS, Section Four, Paragrapl~ Two of said O~dlnance authorizes the Board of
County Commissioners to adopt resolul:lons designating cel'tal,'t areas along County
roads as areas In which parking, standing or stooping are reStT'c~ed or prohibited, and
uc~n adoptlon of Said re~lutlons by the Board of County Commissioner, Such road~
shah be po~ted wire signs specl/ylng the restrictions or PrOhibitions Of paflclng.
standing, or stopping; and
WHEREAS, an InvestlgaUon by Collier County Transportation Semites Oepartment~
has determined to be In the Interest Of the COUnty to establish a 'No Parking' zone
along the eastern road right-of.way of CE 901 (VanderblK Dn between Bridge No.
· 0SO~76 and a point $SO' norm of CE 888 N/Igglns Pass Rcn.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS[qONERS OF
COLUER COUNTY, FLORIDA THAT the foX,wing County road right-of~ray be designated
as a 'No Paridng' zone and that Said road be posted as necessary with slgr~ sPectfylng
that parking Is prohibited at anY Ume
A 'NO PARKING' zone Is to extend wlthln the platted eastern right-of-way of CE
901 Nander'oflC DrJ between the northern end of Bridge No. 030176 over Big
Horse Pass and a Point 530 feet north of CE 8~8 (Wlgglns Pas[ BdJ.
This Resolution adopted after motion, second, and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CtERIC
BOARD OF COUNTY COMM1SSIONLq~S
COLUER COUNTY, FLORIOA
TIMOTHY L. HANCOCK, CI-La. IRlIta~l
Approved as to form and legal Sufficiency:
DAVID C. WEIGEL
COLLIER ~ ATTORNEY
PETITION AV 97-016 TO VACATE A I0' WIDE UTILITY EASEMENT AS RECORDED IN
O.R. BOOK 1640 AT PAGE 1256 AND TO VACATE 'I'I-IE ADJACENT AND CONTIGUOUS
10' WIDE UTILITY EASEMENT AS RECORDED IN O.P,. BOOK 1675 AT PAGE 515, PUBLIC
RECORDS OF COLLIER COUNT~, FLORIDA, BEING 1N SECrlON 36, TOWNSHIP 49
soLr Os EAST. ' ,'
~,~: To apprmm Petition AV 97-016 and to exe~te a Quit Claim Deed to vacate two
contiguous 10' wide Utility Easements.
.C,.O.I~I/~.l]~.e]~~: Petition AV 97-016has ~ rec~ved by the Transportation Department
from Carol Nelson, P.L.S., as agent for the owner, Robert J. Amsdell, requesting that the two
adjae.~t and contiguous I0' wide utility easements ( recorded in O.R. Book 1640 at Page 1256 and
O.R. Book 1675 at Page 515 ) be vacated ~o that the easement a~a can be used to construct storage
buildings on it. A replacement easement is not neexled becaus~ water and sewer services mill be
provided directly from the s~'eet. Lette~ of no obj~'fion have been ree. eived from Collier
County Public Works and from the City of lqaple~ Water IX-pm'anent The Transportation
Department has reviewed the Petition and has no objection. Zoning is C-5.
[lS..C~,dI~: Not applicable
: Not applicabl~
-. ..... Board of County Commi~ approve p~ition AV 97
...... · ~-,~,.r~c~n. 'lnat u~ -- described by its
- 016 and execu~ a knm ~.~um s.~
Chairman and direct the Clerk to record the Quit Claim Deed in tbe public
pREPARED BY:~~
REVIEWED BY:~~~'
DATE:_~
DATE:~
DATE:~
COUNTY WATER-SEWER DISTRICT, ORANTOR, ~
pmqrm'~'~, ~ mailing addtem~ I~ 6745 Engte Road, Mk~le~rg Hmtgl~. ONe,
WiTNE$$ETH:
97.016 ~ ~ s~
~ ~~ ~ Pe~ AV O~
~~~m~ 1~5 ~ S~S.~~ ~
~G~ ~ BR~ ~
LEGAL DESCRIPTION
PARCEL #201.1
The East 10 feet of the following described parcel:
Commencing at the west 1/4 corner of Section 36, Township 49
South, Range 25 East, Collier County, Florida; thence along
the west line of said Section 36, N0.42'05"W for 688.60 feet;
thence along the south line of the north 658.60 feet of the
south 1347.20 feet of the northwest 1/4 of said Section 36,
N89021'02"E for 50.00 feet to the east right of way line of
Airport Road (C-31) for the POINT O~ BEGINNING of the parcel
herein described; thence along said east right of way line
N00042,05,W for 165.00 feet; thence along the north line of
the south 165.00 feet of the north 658.60 feet of the south
1347.20 feet of the northwest 1/4 of said Section 36,
N89o21,02-E for 356.93 feet; thence along the west line of
the east 250.00 feet of the west 1/2 of the west 1/2 of the
northwest 1/4 of said Section 36, S00.32'58"E for 165.00
feet; thence alon~ the south line of the north 658.60 feet of
the south 1347.20 feet of the northwest 1/4 of said Section
36, S89°21'02"W for 356.49 feet to the point of beginning;
subject to easements and restrictions of record.
PARCEL #206
The west 10 feet of the following described parcel:
The east 250.00 feet of the south 165.00 feet of the north
658.00 feet of the south 1347.20 feet of the west 1/2 of the
west 1/2 of the northwest 1/4 of Section 36, Township 49
South, Range 25 East, Collier County, Florida;
subject to easements and restrictions of record.
Legal description were provided by Client or Agent thereof.
u .
eceived: '~ .... ~ ~=?'7 petition
Xddresa: ~ ~ Zip
city/Sta~
Agent :~ Telephone
~gal Description. . _ -- l~- ~
Reason for Re.est: ~o~ --
Does this affect
Current zoni~~ ~~ PS ~ ~
density? ~ O~Z3og p~
Hereb .~u=ho~ize ~em~ ~hove [o ~epresen~ Me ~or [his
I Y
Petition: AGENT 4sTr~
-~ wes ~ .o ~ _/ / _
Print Name
pleasa sam -poliq and Procadura of Vacation and Annulmant" for
~h~ list of ~uppor~iv~ materials which mus: accompany this
petition, and deliver or mail
Transpo~ation
Collier County Govarnmant Complex
Naples, ~
Telephone: (941) $74-a494
*(1) If applicant is a land t~st, indicate the name
beneficiaries ·
(2) If applicant is a co~oration other than a public
co~oration, indicate the name of officers and major
stoc~olders.
(3) If applicant is a partnership, limited pa~nership or
other business entity, indicate the name of principals.
(4) Lis~ all other owners.
CXROL ~. I~LSON,
PROI~SS/0~U, lAND
1308 ~IDG~ ~
1q~PI,BS, PT,ORI]~ :~4103
(941) 261-5748
JUN~ 29, 1997
TRANSPORTATION SERVICES
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
R~: EAS~NTVACATION
TO WHOM IT MAYCONC~:
Please find all the necessarY documentation required to
vacate the 20 foot Collier County water-sewer easement on the
9roger=y off Domestic Avenue to =he East of Burger King.
The 20 foot easement was given =o Collier County, Water-Sewer
District August of 1991, 10 feet in O.R. Book 1640, pages
1256 through 1258 and 10 feet in O.R. Book 1675, pages 515
through 517 of the Public Records of Collier County.
This easement contains both a water and sewer line which
Amsdell Corporation owns the proper~y to =he North and has
We have two (2) cleanoute available on the unim~roved site.
We will use one for the new construction and the other to
connect the exiting service =o the Storage units to the
North. The water will be connected to =he water line that
services the new construction.
I believe this reconnec=ion will not cause any difficulty to
anyone concerned. If there are any question, please feel free
to call me at 261-5748.
Thar~/~/~ou for your time and consideration.
LsoN,
BOARD OF
COLU
NAPt. ES, FLORIDA ~1962
Rr. CENED FROM ~
DATE ~/~. 19-~--CHECK NO~
DE ~CRIPTION - ~
INVOICE NO. _
101 163610
329100
L,O00.O0
CUSTOM ER COPY
~06054
AC~Ui~TI~K~[L~ II ~11~ acm
He,bu. OH ul~ ~' nm
sod a~ to ~) t~ ~ ~ ~
2239
c~e ~o~h ~ne o~
1~4.30 ~ieC, K~i
~/4 o~ aaid ~ecci~
1/2 o~ c~a ~zc~ ~58.(0 ~eec of t~e ~c~ 134%20 ~lec e~ t~
S~C~ 2(S.00 feec ~ ~ ~o~h ISI.IO ~flC o~ ~ ~ 1347.20
o~'~cci~ 36,
*** 2239 PG: 078
fee~ ~ t~e S~ ~¢ff.20 ~ee~ o~ ~he wel~
)~in~ alfo de~cri~d ~
c~nci~ a~ ~he Wem~ 2/4 ~r of fec~/~
cae S~ch line o~ t~ ~ isl.40 foe~
c~ the wee~ ~/2 o~ ~he veR I/2 o~ ~he ~fc ~/4 o~ laid
Section 26 for ~ ~ OF B~X~G o~ ~ Ps.eX bre~=
~eocrl~d ~
chance nIong c~, Meet line of c~ EnIc 250.00 fep~ o~ ~he Wel~ 2/2
0~32'S8~ WIIC ~(S.OO feec~ ~nce along ~e fforch Zinc
fee=, chance slon9 che talc line cf =hi VIIC
~e~:: chance al~g sa~d S~:h 1Let o~ ~he ~o~h ~Sl.~O
Sout~ 2347.2D ~ee: o~ the ~ 1/4
l?'21'02" WiIC 2S0.00 feeC co c~ ~o/fl~ o~ Segl~i~.
Page 2 o~ 2 Pages
.-, :,,- ~.,.
2.997 ~l ff,9.'Y2~/.2 ::-~sG~t;-%''/~.~ ::C:T:-~'~-':"'-'?":~' ....... . ' '' -.'.
~ ' :-.-- :'~c'.-.:::~ 4.~ :'~ :~ :,.-.cf"-:. ':,-:."
:'::E'':' ;-' ~::';~":::'."~ "'hc~'~ ::'"'"'"*'"
Sui':c 3¢¢. Clev?.lar.~; Ol'.:~ 4.:13¢ ,,::c::~_r,%f-~,~_- r:f~.-r_~~- ~o ,...:,
-. .. . . .-2-:~_- .
c~rtc..f.~f, nT, an:~ rny :~ ti.! rig::t, ~z~:.e and '.
TO ~';,~ ~D T: }fOLD th~ Procerhy in fee ~i~le
the said Grantor has he:eunto ~'~ .~.'~s ~n&
cozT, o~r a~..<, crn
STAT~ OF FLO.g/DA
COUNTY OF Palm Beach
Th- ~no instrument: vas ackno~ledgo~ b-._for.e. _=.e t.~is
u ~.-,..-~-- ~ ...... ,_..,. u~,~...,.1 RoYal .
as Z~£~Ica~n a:.~ u~ not: ta]:e an oath.
230B
EXI-IIBIT
LEGAL D F..q C P.H~rlON
T~ E~.erly 95.00 fcc.'t or'the fo~owing dcscn'b~ pzrce|:
Commencing at the West I/4 comer of Section 36, Tow~shlp 49 So.,th, l::mZ, e 25 F.~-t, Co~L':r
Co, mS,, Florida; thence alo,l; the West fin,. oft, aid Section 36, North 00'42'05' W~t
thence alo.~ the South [[ne of the North 658.60 feet of the South 134'/.20 feet oft?.~ .'q~;
Sec~on 36. North $9'21~2' Ea.qt $0.00 feet to th~ ~ Right ofWay ILne o('A;rT, o.'t
for the POL2q'r OF BEGIA.~G ortho p,.rce' here;n descdbr.,d, thence Eons ~he sal,'.-
W~y llne, North 00'42'05" West 16!00 f~; thence along the North ~ of the So:,t.h
o£the North 6~8.60 feet of C~e South 1347.20 feet o£the NI,V 1/4 oft'~:d Sec'don 35,
21'02' F~ 356.93 fee',, th~ce ~loug tSe West line of'th':. East 250.00 fcct oftt ~ W¢=t t/, ofthz West
~ or'the N'W 1/4 o!'sakl Sec'Jo, 36, South 00'32'$3' East 165.00; th~ce :!onlt the 5ou!h F.r.e of
~.: Notch 658.60 feet oCthe 5ou~h I347.20 t'eet of tho NW I/4 of ~a~d Section 36, Sour?, $9'21'02"
West 356.49 f~_"t 1o t~ POD,? OF BEGL~,,'N.'rNG; be:nl~ p.x,t of the ~rlt I;4 of Sec:io~ 35,
Townsh;p 49 South, .Range 25 East, Co:!ier County. Flor:da. LESS t.%e South 30.G9 f~-~ thereo[
Conta~n-:ng 9,975.73 s~uare feet, more or
(vhariYir umsd het'al~t the
reprosent~!ves a~ sleighs et individuals,
Illignl Of co~ritiOnl.)
~ZTR~S S ~T~:
Grantor for a~ Ln coneLderacLoh o~ T~ ~ (S20.00) J~d other
su~lclen~ of vhLch
lilY,hi, i ~Cu~l. non-eYclu~lve easeeenc, llceh~e.
prJvJl~e ~*o~ uCll[~ ~sel, on ~he ~oll~J~ described lands
lxst~ l~ Collier C~flcy, Tloridl~ to
~ee attoched
l~co~ratet herein by referemce.
Sub~eC~ CO eaG~-~,cs, reGtr/c~ions, a~ rescissions o~ record.
~llS IS N~ ~ST~AD ~0~
e~cava~e, a~d ~ nite~[alI ~or the ~e o~ ~nsC~cCI~,
~peraC/nq, and naifltaifli~ u~[IIC~ facilities ther~fl. Crantur
anu trances are us~ ~or li~lar or plural, as ~he c~Ce~
re. ires.
be executed ~ho da~e a~ year ~/rs~ ~e ~ltCen.
co~o~~ ~ ~~~ o c
/..' ..' .... ~, ...~.
Prepared B~
Dennis P. Cronln. Esquire
Office of ~ho Counly A~orney
3301 East Tamlami Trail
Naples, Florid" 33962
(813) 774-8400
~ Namo of Nor. sty
l~blic)
WILSON, MILLER, BARTON & PEEK, INC.
Thn vest 10.00 feet o!
The eaet 250.00 (eo~ og the south l~S,O0 f~C of the ~rth ~.00
~t ot the south 1347,20 feet ot the wot
CollLer C~flty, Florida/
~u[~ , P.~.S. 3934
~.0.
~' ** 2C-710 f~eeC 206 (3gBIk~d pa~e~ 206 10' VGI liu~)
...~ ...;*. .),~--
.. ~..:.'..; .:.,~,:.~
~. ~.~.. ~,.~'
· .~' ,~ ~,..~-~ ·
~-' %%~ .,~-.c. ?
· ~?:~" =%'
.. · ~ . ~." ,?
1
11
I
IPdT ........,aw
!ri')........_,.,
Gr~n~or, to ~ ~DY O~ ~
,~evl~ ~l~ herein Chi
representatives a~ assigns of Individuals,
lliig~S Of cO~rltiO~l-)
M ~ TN Z S S ~T H:
--,~lci n~ oc ~lch ~ he~*-e Grantee,
;ants,e ~aina a~ aella un~o ~,, liceflle,
~ual, non-eXclusiVe ease~n~,
aeliqns, a ~ --- ~n ~he roll.lng des~l~d lands
privilege for u~lli~y ~r[ose.!_-
l~a~ed In collier C~Y, TloriGa,
See aC~ach~ ~ibl~
~nco~raC~ herein ~ reference.
S~ecC Co ea~nC~, relC~iCClOfl~ 4~ refe~aCJonJ o~ record.
TO ~ ~D ~ HO~ ~e
aialqns, C~e~er vi~ the zl~t to enter ~ ~aid la~.
~ra~l~, a~ maintainl~ utility tacillc/es ~are~. Grantor
and Gran~ee a~ usJd for li~lar or plural, as ~he c~exc
~ ~S ~F~ ~o Grantor
~ oxo~C~ ~' ~e a~ year f%rl~
e of
~lle Glade, Florida 33430
-0-
~he east 10.00 foe~ of the relieving described
CcmeflcLng at the vest 1/4 coFne~ of Section 3S~ ~lh£P 49 Scmth~
RAnge 25 East, cailler ~nty, ylo=~da:
thee along the ~th lXne of the ~=th 6Sl.~0 f~t of t~ ~/4 of ssLd Sectl~ 35,
137: . 0.00 f~ ~o the · _ g e~
89 -zl~-?. ~c.~e ~i~ OF BEGI~2~ ~t the
deeCr~
thence along la~d eas~ rLght~f~Y 15~, ~h 0'-42'-050
.~nco a]oflg the ~=~h lLne of the south 2SS.O0 fee~ of the
~h 656.60 t~ of t~ iou~h 1347.20 f~ of the
~/4 of sold ~tion 2S, No~h 19'-2~'-02' lao~ 35~.93
thence alon~ t~ wst 1~ of t~ east 250.00 f~C of the
.~h 0'-32'-5B" ~.t 165.00 f~ f~ of tho
he s~h l~no o~ ~ ~h ~S8.GO
thence along_t .... ~. ~ ~ 1/4 st la~d ~t~
S~h 89'-21'-02" Wo~ 356.49 f~ to
8~Jec~ ~o,eno~nts i~ ·estglctl°pe of ~o~,
· ...,.
w.O. 10904.2
jl~ol sop~F 4, 1990
COLLIER GOVERNME,X
May 12, 1997
Carol E. Nclson, P.A.
Professional Land Surveyor
130R Ridge Street
Naples. FL 34103
.~}O1 E. TAMIAM! TRAIL
NAPLI.~;. 1.1. $1 ! 12
tg.i I )
FAX (9-t I ) ?.~2.252ts
Re: Vacation of 20' Utility Easement - Domestic Avenue Behind Burger King
Dear Ms. Nelson:
This office has reviewed your request to vacate the above referenced utility easement.
Thc Collier County Water-Sewer Distric: has sewer facilities in thc area of thc proposed
vacation of the 20' utility easement.
The 20' utility cascmcnt provides water and sewer service to thc storage units on Parcel #60,
! towcvcr, in yo.:r May 9, 1997 letter, you s!a!cd that thc storage units on Pan:el #6{! are
commonly owned by the same property owners as Parce'. ~206. Th,~'efore, lhe Collier
Coumy Water-Sewer District has no objection to the vacation of this 20' ulility easement.
Water is being serviced by !he City of Nap!es, and they can be contacted at 434.z,717.
Should you ::ave any further questions, please feel free to contact me.
Sinccrcly.
t
','.'\
Cindy M. Erb:
Public Works Senior Engineering Technician
cc:
Edward N. Finn. Public Works Operations Director
Tim Clemons. Wastewater Director
Russ Muller, Transportation Sm'ices
JuN 23,1997
ENGINEERING DMSIO! '
Carol E. Nelson
Professional Land Surveyor
1308 Ridge Street
Naples, Florida 34103
Re: Vacation of Utility Easement
Domestic Ave. Behind Burger King
Dear Ms. Nelson,
The City of Naples Engineering Division has no objection to vacating the above
referenced utility easement, contingent upon the existing waterline only serving
one meter and this meter being relocated to the right-of-way line as shown on
the proposed plan submitted by your office dated July 9, 1997.
If you have any questions, please let me know.
Sincerely,
Ronald A. Wallace, P.E.
Utilities Engineer
F~C;Sad~LE(e,4,114~,4.S3SS TEt. EptC4~(e4~)434-~SS S~,CC~S?4,.4~SS
'736 f. IG~'~ S'TI~Lq'. SOU'T~ · t,L,~.EO. K(:Xq~A 33G404'TN
Board of collier County Co.~missioners
Collier County Government ten:ar
Naples, FL 34L12
RE: Vaca:ion of L0-foo: Wa:er and Sewer 'J=!lity gasemen= for
Parcel 206, said Utility Easemen: being recorded in
O.R. Book L675, ?age 5~5 (A£rpor: Road Mini Warehouse)
Dear Commissioners:
-, -~--~-nt OX ~SDELL ?AR&"5~ERS, INC., ~e
. ~O~R- J. ~MSDE~, as ~-=~h~= 7 ..' ,~'~-~d Partnershi°,
easement, a copy of which is a:tac~ hereto. In co~ec:ion
my :e=~'~O', ' here~ authorize Ca.O- Nelson . P.E., =o act
represen=atfve in any and al1 mmtters re~ardin~ this petition with
Collier County.
Re~ectfuZZY,
ACQUI?ORT/;~D£LL . II Limited
~artnersh!P, a De-aware Limited
Partnership
xsc.,
Genera- pa~r//
~Ii, Pres1=en:
Board of Collier CoUnty Co.~.£ss£oners
Collier county Government Center
· -
Naples, 'L 34~12
RE: Vacation of 10-foot ~ar~r
, , said ...... Y - .- -~ .... t -o Buraer K-ng)
Parce- 206.-, ,253 (DroDer-y
O.R. Book L640, ?age - -
Dear Commissioners: _ ---.~--, that I am the owner of
~ above-cescr~m~ m'-t~-L%, above-~escrLme~ ~ .....
propose= pc ...... _ ~ ~ ~ - to In co~ectlon with
a cody .-. ...~o,~=~ ca_o- - - '-] -~ ~ w
De.:~ion, I h==?bY a-i~-ir{ ma--e-s recar~ng =h_s ~._~_o~ --
~_2~ .... ~a-~ve ~n any a..u ~ .......
Collier countY.
Rober: J. kmsdel!, T~s=ee
NO. SUBDIVISION P.B. PG.
1. NAPLES INDUSTRIAL PARK LTD. (UNRECORDED~
2 NAPLES PRODUCTION PARK
3. COLLIER COUNTY PRODUCTION PARK
~. PROGreSS COHHERCIAL PARK
~o~,~s~ -..,,, FLORIDA DEPARTMENT OF REVENUE
THIS FORM NOT n ;"~
ACCEP'r,~LE RETURN FOR TRANSFERS OF INTEREST IN FLORIDA REAL PROPERTY
~ BY UStNO "AL~NMEtYT BOXES' TYPED & LJNE PRINTED DATA W1T. L FALL W177'fIN ALL FIELDS
&J4O TN'Pt ~ ~ HANOPRI~r DG%(S. WrT'HIH TI~ IlOXtr$ A.S S,~OWN AT ~f~ ·
~DEmIFtCAT~ON
NUMBER
D/D
1111
SALE ~ ~
$ PROPER~ L~ATED IN ~. FLORIDA
' BEST OF YOUR KNO~E~E, WERE THERE UNUSU~ CIRCUMSTANCES OR C~DIT~S TO THE S~E MARK tX) ~E
.
Title Defects
Mineral Rights
Sale under
~ I PR~ER~ ~ i
]~ OF ~uMENTARY ST~PS AFFIXED TO
APPROVAL OF BID AWARD FOR PURCHASE OF ONE MINI-EXCAVATOR
FOR THE WASTEWATER COLLECTIONS SECTION IN ACCORDANCE
WITH BID # 97-2697.
~ Obtain Board of County Commi~$ioner~ approval to award Bid # 97-
2692 ~o Kelly Tractor Compm~ for purcha~ of one M~i.Excavamr by the
Collec~o~ Section.
CONSIDERATION: This Mini-ExcavaWr is required for the ~ce srut repair of
~ County Was~-wa~ Collections System. Invitations ~o bid were mailed ~o 72
prospective bidders on Sune 24,1997. Four responsive bids were received by the July 18,
1997 closing date: Ditch Witch Trencher, Incorporated, of Florida (Leesburg, Fl.) bidding
a Ditch Wi~ch 35J Mini-Excavator at ~0,934.00, Kelly Tractor Company (Ft. Myers)
bidding a Takeuchi TB03$ Compact Excavator at $38,6?0.45, L.B. Smith, Incorporated
(F~. Myers) bidding a JCB Model 803 Mini-Excava',or at $35,672.00, and Naples Re~t-
All ~nd Sales Company, Incorpora~-A ~aples) bidding a Bobcat Model 331 at
$34,$00.60. The two lowes~ bidders did not moe~ minimum crucial specifications. The
Bobcal does not have the reach requir~men~ to pem~i! it to dump into the ! 5.yard dump
~ruck used by Wastewater Collections orthe required 16 foc~ 6 inch horizontal r~ch; nor
does it have the 2 variable displacernen~ piston, 1 gem' hydraulic pumps prefen~ for
performance, reliability, and maintenance, 12 inch minimum ground clearance, or tracks
with minimum 14 inch shoe width, as required by specifications. The JCB does mect
minimum requim'aen~ for engine horsepow~, $,100 lb. digging force, 360 degree cab
swing, permanency lubricated track rollers, ! 0 foot v~rtical digging depth, horizonUd
r~ch, 14 inch track width, and ii does not have the variable displacemer~t hydraulic
pump. Additionally, many of the bid specifications ~r~ ~ addressed in the JCB
equipment specifica~ons presem~ by the bidder. The Ditch Wi~ch (high bid) does no~
mee~ engine horsepower and track width specific~ions. The Takeuchi meets all bid
specifications.
With these considerations, Kelly Tractor Company Inc., is the Iow bidder meeting all
crucial specifications with the Takeuchi TB035.
The County has thr~ other Takeuchi mini-excavators c-un~znfly in service, with the oldest
purchased in 1991. We have witnessed oumandin~ performance from all of these
machines, with no major engine or hydraulic problems, and no equipment failures while
on the job. All Fleet Managem~t mechanics are trained and experienced with service and
repair of Takeuchi equipment.
~ This purchase was specifically budgeted for and sufficient funds
available in Water-Se~er District Fund 408 in the W~ Deparu-nen~'s Collections
s on
EXCAVATOR FOR THE WASTEWA'I~.~
ACCORDANCE WITH BID # 9%2692.
None
$38,670.45.
Prepared By:(~~~~]~-
David C'~zf~ster, S~pervisor, Wastewate~
Reviewed By: D~
Ed Xlschn~r, Public Works
~ouseut Agenda: 8/26/97
~CCEFT THE ATTACHED WARRANTY DEED FROM AVATAR PROPERTIES INC. FOR PURPOSES
OF CONSTRUCTING A NEIGHBORHOOD pARK '-'
j;).~~: The Board of County Commissioners on July 29, 1997, Item 8C1, approved the purchase
of property known as All of Block 179, Golden Gate Unit 5, according to the Plat thereof, recorded in Plat
Book 5, p~es 117 to 123, Inclusive, Public Records of Collier County, Flora and as recorded in
Offidal Records Book 887, Page 1448, Collier County, Florida for purposes of constructing
neighborhood perk.
The purchase price according to the executed Agreement for Sale and Purchase between Collier County
and Avatar properUes Inc. is $77,900. The Board of County Commissionere approved the pun:base
provided that once an MS'rD was formed that it reimburse the County for the costs associated with the
land purchase. If an IVlSTD was not formed within eighteen (18) rncxYd~ of the purchase, then the
property would be declared surplus and sold pursuant to Florida Statutes. The use of the property is
deed restricao~ would transfer with the property
currently restricted to civic pu .r~eS only, and these agreed to remove the restflctlons; however, It is
once accepted. Avatar Properties Inc. (Avatar) has
uncertain as to whether any amendment prepared by Avatar alone is sufficient to remove the current
property restrictions.
~ As previously presented to the Board of County Commissioners, the purchase price
of the property is $77,900. Other expenses include the cost of an environmental audit already
performed by the Pollution Control Department at a cost of $2,500, a title policy in the amount of $450,
and recording expenses not to exceed $50. On July 29, 1997, the Board of County Commissioners
approved any and all necessary budget amendments. Staff shall be withdrawing necessary funds from
General Fund Reserves and depositing the funds into 001-156332-761100, project 80100.
~_~.J~3.~~ The 4.55 acre park would be added to the Collier County pafl~
inventory.
~~[]~: The Board of County Commissioners had previously approved the purchase of
subject site, waived the requirement of an appraisal pursuant to Section 125.355, Florida Statutes,
nts. Staff is hereby recommending that the Board of
the ro ed a, necessary budget W O ed, once 9pp ed by Cou
Attorneys Office, and authorize staff to record any and all necessary documents in the public records of
Collier County, Florida.
x DATE: 'e,
pREPARED BY: '"~------'"~~ 'r~:A, ;POP TY MANAGEMENT DIRECTOR
REVIEWED BY: M ' KS AND RECREATION DIRECTOR
DATE:~
REVIEWED BY: ~OR
SEP 0 2 l J7 t
WARRANTY
'I'HJS WARRANTY DEED mocM tJ'dl
AVAT~ ~RTIES ~., ~ ~~
~g~ 170.~~G~e~S'~~
B. P~s 117 to 123. ~. P~ R~
~S ~S ~ HO~ES~ ~OPE~. ~ ~O~
TO HAVE AND TO HOLD ~ Ltfl'~ in fee sJmpM fom, v~, , ~, ,, :/
A~r ~s I~, I F~O
AUT~OtUZ~O" TO A.UV~gTISZ ~ott A ~,tmuc ~..aau~o TO CO~S~D£a
CAL~D ~..S ~ i,~ovmu~o roa OTfm'a i,~.OViS~O,S
1,ARIClNG
OBa'ECrlVE: That d~e Board of Coun~
b~ to ~c Bo~d ~ a ~blJc h~
~ ~ do~ f~ ~~ ~~ ~'--~ ~ ~ ~ do~
~d~ f~ ~ ~ ~e ~o~ for
~ding S~{on ~ to el~te ~e r~~ ~ ~ ~ ~~ ~ ~d to
~d ~ pr~--; ~d~g
~e Co~s C~e of~ws ~d ~d~s; ~d pr~ ~ ~ ~e.
1) S~c ~ of ~ for un~m~
~ ~c ~ to ~250.~ for
~dl~pp~ P~ ~olafio~ mu~
not pro~d~ for M ~~ No. 8~7, ~ ~d~.
3) Non ~P~ P~ ~o~ ~d
l~e ~ola~o~, ~ch is $25.~. ~1 fin~ ~ ~e ~e ~es ~e ~S ~ to
{30.~.
4) ~e n~ Or~ ~1 ~o~
~ re~l~ ~- ~ m~ ~ no long~ ~ r~.
sppro~Y $2,~.~.
GRO~ ~NAGE~NT ~A~: None.
Ptrkinf Ordinance
Executive Summary
ISt~e Two
~capp~ ~ou ~e l~e ~ne~ from $10 00 io $~0.00 ~nd mthor~i~ tl~ Cle~ of Cour~
to utilize re, dar US mm'l for notification to cited vehicle ow~er~ Approvl[ of'thJl
dSes~t¢ ~uch mrthoriz~on to ~
Pl~EPARED BY: ~ DATE:
Skip Camp, CFM, Director
The Department Of Foci]ides Msuftgement
Auis~nt ~ xbrue~
REVIEW]~ BY:
DATE:
Suppofl ~~)ivtslon
5
6
?
9
10
1!
12
13
I$
16
17
18
19
2O
21
22
23
24
25
26
2'7
28
29
3O
31
32
33
34
36
38
39
40
41
42
,;3
46
48
ORDINANCE NO.
~ ORDINANCI: AM'EI~I~G COLLAR COUITrY
ORDTNAHC'IE NO. IO-17, A,~ AM~NDIED, TB~ C'OL, L~R
COUITrY I,AJUOWG ORDINAI~CT., JY AJvITaN'D~G
~T.,CTION ]tOUR TO A1.1TRORIZ, F. N~R'ICL'E TOW AWAY
ZOI~rES; AM~I~DING SECTION SEVI:N TO ESTABLISH A
UNCON'I'~TED ilA,~DICAIq~D
DOL1.A]~
p,tnz:mG VIOLA'nONS; ALSO m~G ~ CTV~
~Tr~ ~R ~L o'n~R vnnc~ V~Ot~T~O~
,~ · a. wx 'to TRTRTY DOLI,ARS~ SI'T-OI~xuq'~ u _
~ ATE TH~
_LIM]N TO
pROCEDURF~;
~~; ~O~G ~R ~$10N ~0
~, the Board of County Commi~oners of Colller Cmm~, Florida, hu adopted
Ordinance No. 80-47, ns amgnded, called the Collicr County P~g Otdln,m~,
~, ~e Board hereby au~orizes d~ion of' w~cle pa~s ~on tow.
~wsy zones, which ~xlzatlon is not prmdded for in Ordinance No. M~47: md
WITER~AS. · judicial dec~sion styled City eJ' l['g~ Palm ~aw.A v.
~r,,~ly. Sk.~ 61'~. holt; iht ~e s1~cifi¢ ,mourn of the penalty for :mcontmad landkzpped
pa~ing v~olatiora rmat be eftablidazl by the aid judge;
WHE~, Section 316.008, A/or/da .~tatl~gf. ~ conj~m~on ~ Section 318.11,
ha~dic~ p~i~; ~o1~o~; md · fine of S7~0.00 fo~ ~.b mcem~ted
parking,, stoppin~ ~d stmd~n~ fine~ ~re SI0.00 except the fit~e tot · rite lane
S2J.0~, ~
~, the Bo~d of Connty Comm~io~'~ on Iune ! I, 1996, dem'mh~ I~t t~e
NOW. 'I'HEREFO~ BE IT
COMMISSIONERS OF COLL/ER COUNTY. FLORIDA, thac
ORDAIN]~ BY TH~ BOARD OF COUNTY
of' ofs~ Px'tdnS Sism" is ~ smm5~ b,/scSclbnS ~
~'~ d~s~c~ ~q~icle t°w''~'~ zmc~ u f°zlows:
4
5 SF. crlON FO'OR: tlacc,nent Of C)fflctsl l'sflcins Si~
6 ' °
? o o two
$ tnm~d ,nd ~1~' (S2S0.00) dollm's for ~ viols6m of ~ctlon Six ot' this
9
10
13 The ~ coflectad for v~olatfnS Section Six of this Ordinance ~mnd~
! 4 ~ shah be used in ~e follov,~n~
I $ (a) One-~'d to ~e used to dc~/expenses for
16 (b) Two-t.~'d~ to be used to ix'c~de funds to ~ accem'bH~y
17 and cqu~l opportuni~ to c~alified phys~c~Hy disablad pe~wm ~n Ihe county taxi t° ~ ~
! $ to cc~d~ct public awn~ness im)~ams tn ~he coun~ conca"n~n~ p~ys~caHy d~sabled persons.
19 (2) :~.at-(7,4G~)-do,qm ~ ~ dolbrs for · violalion of
20 ~ ~4~H4i4~~ of Section Fiw of ~s Ordinance. ~
21 ......
26 B. E~ch d~y Shy viol~ion occm or continues shall be a sepsrste offn~se. For
27 parkin~ in ~cess of the time authorized in I Public Pm'kJn~ sPece, ~ ~ ~ ~
29 · scpsnt¢ offcnse.
30 C. The smount of anx pena~ sp~lbd in this sa:~a ~ be tnc~sod ~ live
31 (55.00) donets if' paxTncnt is not received by Iix Clak prk~r to Noc~ bcinl mailed to the
32 rc~istc~ owna ~ punnsnt to Subsection l) C of Sectlon l~rme of'~is Ordlnance'
33
34
35
36
3'/
39
SEmi'ION THREE: Section Nme of Collier County ~ No. 80..47,
cntiOed *'Ptyment of' ~ i'.-~, md Procectum ~o ~ ~ ~x V'~olstions"
SECTION NJ:NE: Ps/mcat ofCiv~! Ptmalt~ and ~ to enfor~ pa,ymmt for
viola~ons,
3
SEP 0 9971
!
2
3
4
2? Gb~k,
!
1!
14
16
18
19
3
~ S~'~ION FOUI~ COI~'I,ICT ~ SL'V~RABII,ITY
?
Si:CTION I~: INCLUSIO~ IN TH~ CODE OF LAWS AND ORDINANCES*
rclcflc~d ~o sccomplish ~ snd ~e word -ordinsnce*' rnxy be
2O
21
22
23
24
2~
26
2'7
25
29
3O
31
32
SECTION SIX: EFFECTTVE DATE.
;!~.
~ ~s ~~ of_
D~G~ ~ BR~ ~
36
37
38
39
AI~ as lo farm snd
T~om~ C. Pv. lm~
tx~'trr~ ~Y
OF A LIMITED USE LICENSE AGREEMEA'T B~ BOARD OF COUNTY
GAT~ ~ ~
:, ' 'Og COMM~CE, INC. --
~ mmlnS Collier Co..tory u ~ additional insured. Tl~e is no ~ fe~ for the Ch~b~r to utilize
None.
DATE:
LIMTT'ED USE LICI:~SE AGRI:EMI:NT
LJMFFED USE: I. JCL~SK AGRZI:MENT BL"TWEI~ THE BOARD OF COUNTY
COMMISSION£RS, COLI.JF..R COUNTY, A i)OtJ33CAL SUBDIVISTON O!r THE
STATE OF FLORIDA AND THE GOLDEN GATE AR~A CHAMBER OF
COMMI3gCF., INCOR.?ORATED, A NON-fHO!ITF J3..ORIDA COR]~ORATION,
AJ'?ROYING THE USE OJr COUh*TY-OW~F-D J)ROJ'J3FTY FOR THE I'UB]'(~j* Of
AN ARTS AND CRAFTS SHOW.
ill present end future isws, ordinsnces, rules, r~.pl~, end rtc~Ttmenu ot ~,c United S~cs
of Anita, S~c of ~dda, Coun~ of Collier, md my end ell Sovanma~l.a~
shell ran~in for !~ be~cllt ofl~ ColmlY at l~ 4nd of I~ wm scl id lelr
6. 1 ~ ~i ~
.... ' ....... Ftv~ Hund~l TIxxtsand end
by lhe Collie C4x~/Risk Mana~r, lot nm ~ss
{S~S00.0O0.00) combined stql limits du~l the sam of Ibis Airt~mcnt Such insunncc
polic~isa} shell lis~ Collie County ns an ~Sditional insured ~ Ev~x of such tnsoranc4
shall be prc~ded ~o the Collier ¢oun~ Risk Manaler, 3301 EJ~ Tsmlami ?~t, Adminis~asion
Buildinl. N~ples, l:lor~d~ ~4112, for ~ pc~or so Octob~ 3, 199~ and shall include ·
~.ovision requir~nl sen (10) dws I~ee written ~oticc Io Collier Co~Jnt~ c/o County Risk Manaler
in the event
?. This l.imit~d Usc L~cense A~reemcn~ shall be administered o~ bchalfof the 13osrd by and
th~ou~ the Colh~ Cmmty Re~l prop~ty ManaSe~cnt
I. The Chambcr :Fees lo t~old I~.mless and dcfend Collier Co,my, ~e lloatd of County
Commissioners of Collier Comfy, Florida smd their llenll and cn~inyeel, from am/claimS.
lusL-nions o~ causes of ictio~ for any loss, tnjm~/o~ damale ~o poisons or I~,c~Y arisinl
of ,,,locialed w~lh Ihe Chamber's activities or use of the PTOpCfly. ~ C~amhe~ County for any
indemnify Collier County and the Gold of Cout~ Commissioners of Collier
costs, expemes or fees, mcludinl a~otne~ fees, a~sinl from any claims or causes of Ktinn for
~ injury or damage ~o ~ ot properly al~sinl from oc usocilled wtlh Ihe Clmmhet's
icl:villes or use of the
9. The Chimher ~oven~s s~d aJ~'fl nol lo assiln ~is Limited Use License Ag~-cmL'm
lo l~-t~it ~Y mhe~ persons to occu~ same whhout Ihe q,,ti~en consent of Board.
of J3oa~d's imen~ 14) tt~chc~l~lc and/re' cancel.
A~reemenl shall he in wtitinl Ind st~li hc pilled in an ot~iJl dL.~osim~'y of ~he United Slain
Pos~ Office, Relis~a~ ot Codified Mail, Relum Receipl Rcq~c~cd, postlje pcepaid, iddresscd
Io the pa:fy for whom it is intended to the ~ddre~ s~ted above or II In ldd~els either parly
have de~qp~ated in
12. The Board and Cha~her specifically I~ree Itm ~hi~ All,mere tepres~n~ a license
the Chemhet'l use of the Prol~y and doe~ nm eom, ey any eitlte in the PTOpe~y or create any
intent whauoev~.
13. The Chamhet shall he responsible for paYlnl all lairs ~xe~ It' al~li~ble, lad all mhe~
I,lXe~ and ,.herge~ l~so~iated w~ ol' t~ultinl from Ihe boldinl of Ibis evenl.
14. The sale an~l/or eo~lm~q~ion of al¢ot~oli~ bev~ase~ shall be ptohibhed on the Pro1~tY
dorinl Ibis event.
I 5. T~is Agreement i$ ~ovet~l a~l ¢otmrued in ~c¢o~lance w~th the ~ of the Stale of
florida. } ~
AS TO THE ~IAMBER:
AS TO THE BOARD:.
ATTEST:
DWIGHT E. BROCK,
^~ved as ~ form
and lelal
Assi~ Cou~ A.omey
BOARD O~ COUN"fY COMMISSIONERS
COLLIER COUNTY, FLOP.IDA
'fHdOTHY L. HANCOCK.
CAt, ICEL. CUI~IC't' TAXES UPON t.~D OONATED FO~ pUBUC USE.
I~'~ .... ' O~ m .....
pREPARED
REVlEWED
~ E. Ocl"~, jr,, _~,~?..m/~_ j ~
1 RE$Ot. UTION ~o, ___.
2
3 A RESOLUTION OF THE BOARD O1= COUNTY COMMISSIONERS OF
4 COLLIER COUNTY, FLORIDA. CANCELING CURRENT TAXES UPON LAND
5 ACQUIRED FOR PUBLIC USE.
6
7
1t convoyed to the County by Foe Sifl,q~o Deeds slMcif')cMY for on Aflimol Control
~2 F~K~J~, end
13 WHEREAS. two (2) Foe Simple D~s:Is for U~ Aniflwl Control Focillty
14 wot · rocorded In O.R. Book .2,3~ Poge .,~,1-, °nd O'R' B°°k 2-1,]j POOo ~LL''
15 et ~. of the Pubr~c Roco~ of Co{~er County. FJorJdo; .nd
16 WHEREA~, Ih· I~ will be utl~ed f~ the geritol public
18 WHEREAS, the Board of County Commisstoner~ of Collier County.
19 FIodda. approved Resolulio~ Ko. 93-499 o~ November 2, 1993, establishing ·
20 po;icy to certcel =un'ent ~ upo~t land acquired by ColF~er Cou~ or It~ Collier
21 County WMe~-Sewer Dtstrlcl und~ ~aln ctn:umflanc~ for public ~
22 WHEREAS, Seclions 196.28 and 196.29, Florida St~tutas. provides that
23 mo Boord of Cc:u'~ Commissioners c~ ·och Cou~ of t~e Store of Fk:x'J~ is
24 gi~o~ ~ pow~ and 8ulhoflty to Cancel m~l discharge r~r~ fo~ taxrs, dolinquen{
27 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
28 COMMISSIONERS OF COLLIER COUNTY. FLORIDA, It~ It~ curro~
30 South, Range 26 Eas~ Colr~t County, Flortd~ being moro peflJculafly described
32 canceled ~o of Januery 1, t997.
33 ThlJ Resolution adopted' after mo{ic~, second and majority
1
2
4
5
7
ATT;ST:
DWIGHT E. BROCK, CLERK
BOAR{:) OF COt~l~ COMMr~SIO~R$
COI.UER COUNTY. FLOR~A
I'IMO'I'HY L 14N~IC~ Cha~rnan
10
11
12
13
14
Hetdl F. Asl~on
EXHIBIT
Page 1 of 6
I!~ 115
~OC-
Il
It
II
HO?lit'fl
liS!
FEE SIMPLE DEED
TXI$ IND£NTI~£ made the .4~ ~ of June.
Luanne B. Henderson. hercina~er c~lled the Gtnnlor. to Collie~
County. a political s,bdivision of the State of Florida, whose
post o~ce address is 3301 E. Tamtarni Trail. N~ples. Florida
34 ! 12. hereinnfler c~ltcd the Grantee (wherever used herein the
terms "Grantor and "Grantee" Include all the pndles Io this
inslrument sad the heirs, legal representatives ~nd assigns of
Individo~ls. and lhe successors and assigns of corporations).
l. unnAc B. Henderson
WITNESSETH: That the Gramor. rot and in consideration of
the sum or SLO.OO and oiher valuable considerations, recelpl whereof is hereby ncknowlodled-
grants, bargains, sells, aliens, rernises, releases and transfers unto the Grantee. all Ihnl c~n land situate
in Collier County. Florida. viz:
See attached Exhibil
Grantor warrants that Ihe s. ubjecl properly ~s not her hom~cnd and is vacant unimpto~d properly.
TOG£TilER ~vi~h nil the tenements, hcrcditamcnts and app~flenanc~s Ihe~o belonging at tn at~'wise
appcrtaininF..
TO HAVE AND TO HOLD. the same in lee sirrnple, subjecl to the following conditions
~bscqllcnt;
Conslmclion of nnirnal conltol fncililies on the above.descn'oed I~'rnises must
commence ~.ithin two yeats nnd Iix months from Ihe date of this deed. Ifcons~n~ion
of s,ch facilities is nol cornrnencod within such period or time. Ihe grnntor r~ains the
righl Io re.enter Ihe premises nnd terminate the lee simple ownership of the grnnlee.
2. The construclion of nnimal conlrol I'sdlifl~s on the i~tnises tnus~ be complelcd wilhin
five ).mrs from the date of this deed. If conslnx;tion of the animal control facilities is
not cornpl~ed within Ihe arore~id period of lime. the granlot t~ains
cater Ibc premises nnd Ierminnle Ihe fee sinrple ownership oflhe grantee.
3 Thc premises shall be used for nnimai control purposes lflet Ihe facilities have been
conslmcled for a period arm least five years after the date of the deed.
Signed. scaled and delivered in the plx,'scnce of
·
Wi)ness Signature
Typed Name
Rlchtrm., Delflk. And Lanier, p..l~ 214~ Golden OMu Pnrtm'~. gufl~
· OR: 2338 PG:
..... · EXHTBI?
~' '~!:' 'Page
0942
This inslmmcnl p~l~rcd
Suxnnnc D I,nnicr. E~,irc
Florida 13nr No
RICHMAN. DEIFIK. LANI£R AND ROSS. P.A
264~ ~ld~ Ga~e ~y, Suile 2~
NapI~. ~ 3410~
Tclcpho~: (94 I) 434-~
Assistant County At[orne~--'
2
Rkhg~q~. Detflk. And Lgmler. P.A., 2640 Golden Gate Parkway, Suite 20~, ~ ItL 33642
~,XHISIT "A"
· '..'.' .~ . '~ :: . .. , .. .'.
' X/w ~lng sub,oct to eagemnto,
~s~ltlofls o~ records, zeco~dod ~n Offlolsl RoQ~4 ~k
, ~age ~, lnaLu.~ve, of tho ~UblL~ Records
~or c~nt~or~da.
. Sub,Jrt tO roatrictl~e ~d , oaaeMntf e~n to
autovision or cofld~nL~, and real estate ~.s for
-l'dontLf~cation ~e{ 4066
appurtenances ~eroto belonqLnq or ~n ~Lfe 8~ortaLninq.
EXHIBIT "A"
Page 4 of 6
FEE SIMPLE DEED
Luanne B. l-lendctson. ~erdnallet called the uramor.
County. a political s~bdivtsimt of the Slale of Ronda, whose
pos1 office address is 3301 E. Tamiami Trail. Naples, Flofida
34 ! 12, her~ir~flct c~llcd the Grantee (whem'~r used herein the
terms "G~nto~" a~ "Grantee" include zll the ~flies Io Ibis
Instrument and the heirs, legal repte~enlatJv~ and assigns of
2214952 OR: 2338 ?G:
I1! It11
individuals, and thc successors and assigns of corporaliOnS).
WI'DCESSETH: That the Grantor. for and in consideration of
the Mm of $10.00 and other val~ble considernlions, rcccip~ whereof is herd~ ~cknowledged. het~
~n~n~s. bar,ins, sells, aliens, r~mises, rdus~ and ,:~nsfers unto the Grantee.
in Collier County. Flofiaa. viz:
See zttach~ £xhibit
Granlor warranls thai the s'ubjoct ptol~rtY is not her
TOGETH£~ ~$~th alt the t~ncmenls, hetediumcms and nl~mtlena~c~s thereto helonging et in at,.wise
TO H^VE AND TO HOLD. the s~rn~ in lee simple, s~bj~ct lo the followinl conditions
subsequent:
Construction of animal control l'acililies
commen~ ~thin t~ ~n and six mont~ ~m
of such faciliti~ Is n~ ~mm~d ~thtfl ~h ~M of ti~. the ~ntot ~ains the
fight to ~ntet the prcmi~ and tcn.i~tc
~c ~n~m~ion of animal control facilitt~
fi~ ~m f~ the ~te off, is d~ lr~~ ~ ~ml ~1 facilifi~ is
enter the p~mi~ and legible I~e f~ simple ~hip of ~ ~nt~.
~e pmmi~ shall ~ It~ for nnimnl control
constm~ for a ~fl~ of al loft Bye )'~ aR~ ~e ~te of the ~.
L~ B.
EXHIBIT #A"
Page 5 o£ $
(SEAL)
This ins~run~nt pre1~mxl by:
Suz3nne D. Lanier, Esquir~
~orida Ba~ No. 393770
RICHMAN, DEWIK, LAN~£R AND ROSS, P.A.
2640 C, oldcn Gstc P.dd~w'~. Suite 206
Naples, FL 3410S
7~lcphon~: (941) 434-7700
, Assist&hr Count,! Ar, t. orne~
EXBXBXT
~age 6 o£ 6
EXRIB1T "A"
*** OR: 2338 PG: 0946
Co11£er County, Ylorids, loss the ~orth 7S feet, raoo~ded in
o££~c~al Record Book Ld.7~, Yag~ ~.~nclulLvl, o~ tho
~blic Rocordo of Collier
Zde~lflcat~onlmibe~ ·
~ogother with alt the tenements, horoditaMnte and
a~pur*enances there~o belOnging or in an~viae appertaining, ~
i~Co~ATION THAT Ti~ BOARD OF COUNTY COMMISSIONERS
IN~S~:TH~ CO~I~,~ AMO~ ~R ~ ~0~~ ~~
~G ~ ~ ~ DE~~ OF ~ ~NG ~ ~ BAY
SEP- 2 196~
Commisslon~s. A Bud~ A,mc~meni tO run~ J,~,~ ~,
· ,.,,-,,~~~,TION. Thst me ~om-u ,.--,,--; -. · '-~'-- :- the development o~
contracts tm* f, ervM;;~ ~_ ~ ~.:_-~ ~-;2 ~ .,,,','"*~ the associated Bud5~t Amermmcm-
BLVDGET A~EN~MENT REQUEST ~' ~r~-~' ~
Bud et ~ ~
~o ooo L ~7 7o~
500 ~ t 79,000
226,400
Cost Center Title
:d_~ t_. Bud et
TOTA~
~.~"z-~-' ~
SEP- 2 199/
Revenue Title Increase Revised
ect Code 252,450
366900 Contrtbut
TOTALS113,200
EXPLANATION
Why are funds needed?
To complete Consultation Services required in the development of the
Clam Bay Management Plan
Where are funds available?
Reserves - Fund 320 and contribution from WCI Communities
REVIEW PROCESS
~rministrator: ,.. ,_D_.i_..r~'ct_.....o.r:.__. /,~/,,
Finance Department:
Clerk of Board-Admin.:
B,A. No.:
8/21/97
SEP- 2 1~
:~' :' "<CrlmlnalhmiceTmstFundand
o~fgcrlvz: To recognize additional revame in the
t~tsi'er additional funds to the Gen~ Fund.
CONSIDERATIONS: During the p~t fiscal ye~ the Criminal Justice Trust Fund h~
exceeded anticip~d revenues by $110,200 which has incre~ed the
fund. The revenue from this fund is additional court costs which is used to partially
offset actual expenses for the Medical Examiner, State Attorney, and Public Defender.
By inereasing the cany forward, the transfer to the General Fund can be increased.
GROWTH MANAGEMENT IMPACT: None
FISCAL IMPACT: Additional revenue of$110,200 transferred to the General Fund.
RECOlVfM~NDATION: Recoffnize additional revenue orS110,200 in the Criminal
Justice Trust Fund and transfer that amount to the Oen~ Fund and approve budget
amendmenL
Prepared bY:~A~alyst
Michael Smykowski, OMB Director
SEP - 2 1997
(~11,'/00)
SIO,SO0
BOAILD 0£ COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPOND~
Lien for Services of ibc Public D~cnd~ fo~ Css~ Nos.: 90.3072-TM, 8~.S601-TMC, 91-
2060-TMC/91-2061'TMC, 96-g~3-MMA, 90.6095-TMC/90-6094'TMC-
A. Lely Community DeveloWnent District - June I 8, 1997.
r SEP e2 1997:.