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Backup Documents 08/05/1997 RBCC REGULAR~IN~OF August 5, 1997 ~Lea, FL 339~ Affidavit of Naples Daily ATTH: PO F COUNTY CO~HISSIONERS SALOGUB 'FL 36101-~16 REFEREHI Stnte o Co~ty as the Daily in CoLL~ ~ of~ ,e~s ~a CoLLier n~$ day and ratter next further ~bLtca 0~2~ --701217 5754440~ NOTICE OF PUaLZC HEE lorida Collier :he undersigned authority, personally B. Land~, w~o on oath maya that she serves itstant Corporate Secretary of the Naples s, a daily nevspaper published at Naples, County, Florida: that the attoched advertising ~es published tn ion c~tes Listed further mays that the maid 14apLe~ r~.~spaper published at ~te~, tn maid Florida, and that the maid has heretofore been continuously in said Collier County, FLorida, each been entered as second class m~tt the office tn NapLes, tn .atd FLorida, for a p~rtod of 1 year the f~rst publication of the cc~y of adverttseam~t; ar~S affteflt ~s that she has neither paid ~r any person, firm or c~ratton r~te, ~iis~on or ref~ for the securing this advertiser for ~ in the ~id newipa~r. 0~: o8/03 C~ C~, FLORDA AD FILED S~orrT ~.000 INCH o~/o~/97 of Affiant o: end Subscribed before mae tht_~ Feb~ary 19. 2000 NapLes, FL 359~0 Aff t,~l~vtt of ~LE~ DmtLy ~a BOAI COUHTY CI:~MXSSXONERS ATT)I: SALOGUB PO FI. 3~10q-~'16 OOq2~ --600098 .5754~1SS COLLIER COUNTY BOARD State ;tortda CoLLier undersigned authority, personaLLy B. Leah, who on oath maya that she aerve as the Corporate Secretary of the I~pLes Deity a daily n~speper published et NapLes, in CoLt! er County, FLorida: that the attached copy of advertising ~as published tn maid ne~ ¢m dates Liste~ further ~ays that the maid NapLes Deity Ne~s tt nevspaper p~btt~d at NapLes, tn matd colttee Florida, end that the ~td nays has heretofore bee~ continuously tn said CoLLier County, FLorida, each day and as bee~ e~ntered as iecood class emil ~atter the office tn NapLes, tn maid FLorida, for a period of I year next :edtng the first pubLtcatto~ of the copy of edverttse~Knnt; and affiant 's that she has neither paid nor any per~on, fire or coporatic~ any rebate, coe~tssic~ or refund for the purpose securing this advertisement for ton in the maid nevspaper. off: Oe/03 AD se; S?O.O00 XNCN Sworn COt.~ISSION I CCCJ0~7~7 EXPIfiES February Ig. 2000 COLLIER COUNTY BOARO OF COUNTY CO/~MISSIONERS AGENDA August 5,1997 NOTICE: ALi. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRI- OR TO SPEAKING. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITN EXPLANATION TO THE COUNT'/ ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE Of: THE MEETING AND W1LL BE HEARD uNDER 'PUBLIC PETITIONS' ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTANING THERETO, AND THEREFO_RE .~__Y NEED TO ENSURE THAT A VERBAT1M RECORD OF THE PROCEEulNGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE AP- PEAL IS TO B~ BASED, ALL REGISTERED PUBLIC SPEAKERS WIL'[. BE. LIMITED TO FIV~ (5) MINUTES UN- LESS PERM SSION FOR ADOITtONAL TiME IS GRANTED BY THE CHAIRMAN, ASSISTED LISTENING DEVICES FOR TH~' NEARING MPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE, LUNCH RECESS SCHEDULED FOR 12:~ NOON TO 1.'00 1, iNVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL. OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF MINUTES 5. PROCLAMATK)N5 AND S~RVIC~ AWARDS A.. PR OCLAMATIONS Proctom~tion Ixoclalmlng Auoust 16. 1997 as Airborne Doy. To be occegted by 5co~t Oeego~, Choir~ I~nd AId:~me blvi$io~ AssocJat4o~ ond ChoPin Robert J. Kolmo. B. SERVICE AWARDS 1) Thomos Mrrchell · Ochopee Fire Co~rol · ~) wars ~) Rk:hard H(xtw~ll · OCPM. 5 C. PRESENTATIONS 1} Recommendation to recognize Steve Fmdalne., Building Review & Permitting, Com- mun~y Deve~opmenf Div~lA:e, al Employee of the Mom~ lor August 1997. & APPROVAL OF CLERK'S REPORT A. Anal~s of changes to reserves tot cor~ngencles,' 1) Geeerol Fund (0~1) FY 96197. · 2) Communal Dtv~qe~m,~mt Fund (1131 FY 9~/97. 3) Fad ttJts Comtruc~on Fund(~1)3~ FY N197. B, ANALYS~S OF CHANGES TO RESERVES FOR CONTINGENC ES, 7. PL,~LIC PETITIONS A. Mkmael G'Frondsco re~uestln9 a refund of o sewer impact tee. B. J. Dudley Geodiette regaroqng Imp-oveme~ to County Rood 29. Ox~,olas~ee Isla~L C Jo~ Corlad, Chatrrnon · Ma-co Healtt~.are Center regarding a title to land for the medico/foclltty. D. I~nnts Vadx~ regarding a refund of o sewer Irn~ fee. I. COUNTY ADMINISTRATOR'S REPORT ,~ CO~UN~TY DEVELOPMENT ~ ENWRONMENTAL SERVES flci~x~e~ In ~ Qualified Torge~ snausw'y lax ~emna t'raenJn c~Jt ~ B. PUBLIC WORKS C. PUBLIC SERV~ES 1. Consideration of o re~t for fufldin9 for the construdJofl of a building to be uffliTe~ m the hea~quci-t~% tor the t~co Irdand Coast Guord Auxllk]r~t. D. SUPPORT ~RVICE$ ' E. COUNTY ADMINISTRATOR ' .~ 1. A~ove fumSlng ~ a Flve Eve~d We~,end tot $12~ Tourist Devek~:em~t funds, ta'Jng Morc~ Isk~d Be~ Reno~u'lsh~ Project $110,93S, maiflMnofl¢~ · ~. ?,0~ ,'N'T Y ATTORNEY'~ REPORT 10. Bo~ ~D Of= COUNTY CO/wWJ<~S~ONL~S ~, ~o~dntment of memOS to ~ Immo~diee Ente~se zone t)evek~)~nt Agency. C. A4:~:~4nlrnent of member~ t~ the Hispanic Aftolrs Advl~ry D. Request tot reoxtskieration ol Oedlnance 9'/-31 emending Ordinance 96-6, 'The Utility Re~ Ordinance' E. Request Boord ~reclk~ regarding ~,-m¥ Ca'ps of Engineers' PEIS. 11. OTHER CONSTITUTIONAL OFFICF, RS PUBLIC COMARENT ON GENERAL TOPICS $l.eeleeeeseelee leeeesel$ee leeeleee eeelle A. COMPREHEhisrVE PLAN AMENOd~ENT$ ~. ~.ON~NG A/V~-:NDMENTS 1. Pett~on PUO,.9?.$, ~. ~l~kxn L. Hoover ?equesflng o re~ fr~ 'A' Agrk:ulfural ty located m rne east s~e of 675 and aplFoxlmate~ ~ee-qua't~3 ? a m.e soum ImmokoMe Rood In SeC. 30, T~L% R2~., clx'61~ of ~6 ocres, .m.~r. e ~' ~.ss. resenfl~ the r..Nl~' Counh' Boa-d of Court, Commtsstone?s requesting o re..2~e_ 'PUD' PJorrned Un/t Devek4~ment to ~' Estates fl~r the Islord Pines Da'den i.'uu mcaT. ed Immediately sou~ o~ the County molntenance ~:Jllty o~ County Born Road In Sec. ,~/)TSOS, R26~, co~sJsffng DJ' 10 Dotes, more or less. (Continued to the meeting o! C. OTHER 1. Pettflon AV 97-00~ to vocateo 6' wtde dralnoge ,eosement along the Nortt~.. en~ Ine ot Lot 32 and to voc~ ~ cor~Ouous 6 wtde _cb'DJ..nc~e. eose..mefg, o~g ~.~. ,~.. ~. ~h-?.. !."'.F, ~ ,:"~, ~!L .w~t.u.",.?~', "~t~' ~°~...~ 2. Petition CCSL.?7.1A, Breft D. Moore P.E, of Humlston and Moa'e Englneecs re~'e- tenting the Pelican Boy Foundation, Inc., re~uesitng a Co, s101 Coosfi'ucllon Settx~ Line Variance lo allow for construction consisting of a handicol~ed beach access romp, boara'walk and beach Stairs, in-flUIng ogen areas wtth decking, roof coverln9~ over oW. king, restaur~ ex~o~skn ad o~altian of .new .d~k. ~ Boy Nc~-th beach facility, Pelican Bay Pianned Unit D?e .~l~.ment, i.n ~ ~, ~_~ 3. P,ttiton CCSL.9?.IB, Brett D. Moore, PE, of Humlsmn ana N~Oa'e bngmeers tenting ~ Pelican Bay Foundat10~ inc., r~uesttng ii Coastal Construc~ Line Yark3nce ~o ailo~ la' cae~s'r~'t~on consls~ng of a handlcol3ped beach ram~, in.filling Mn ar~as with deO, Ing, roof coverings over cleO, lng, restaurant ex- slon and ~ of new dec~$, Iocof~J of the Pelican Bay South hooch facility, Pal. Bay Pidnned Unit DevelopS, Sec. I, T49S, R2SE. 4. ,e¢~-oval of an Ordinance enabling Code Enforcement pe~sannel to Issue citations for ¢~x~e viok~io~ts. S. Pet~ AV 97.013 10 vac~ oil Public Rood Righ~ of Way and Ltfllit10s Eotemeflt~ am:l De~ within tt~ pa'lton of Champlonshl, Drive (F/D/A Marriott Club Drive) lying east al the ColIE~ County Wof,~.Scwer District Pumg Station; Fiddler's Creek Parkway (F/X/A Tournament Boulevard); Club Centt, r Boulevard (F:/K/A C~an~l~ Drtvt), os shown o~ lt~ /Warco S~a'es Unit 30 Golf Course Piat;.and that cerlaln ~) Fad Roadway Easement recorded of OJ~. Book 15~7~ Page 233S, ET SEQ; All iacated In Sects 14 & 15, Towns~l~ 51 Sou~0 Range 26 East, Coitief County, Fla'i. ~c~ (Continued fi'om the meeting of 6. R~c4~-nmendaflon to the Board of County Commlssianes's to consider the al:~k:ofloe submlttt~l by MecloOne Er~lXttes, Inc. tar the renewa~ Of a cable franchise. (Cc~ ue~ fi'om 7/29~97) 7. Pt, tttte~ CCSL-97.2, Wllllc~n L. Hoover, AICP, d Hoover Planning Shoppe re~'esent. lng The Vaede~it Booc~ N~o~I, reque~ a Coastal Construcitan ~efoac~ Variance to alk2w for cot~tructioe to endase tt,,e first floor of an existing s~ructure tar ~ mee~- lng rooms (aec with bar), mok, t aitlc~ sta'oge, and restrooms, located at The Van* detb/it Beac~ Ma~'q, Lof 4, Bloc~ A, Careers yatxk,~oilt I~ach Estates, Unit I~. 1, Sec 32, T48S, R25E. (~nued fi'om the meeting of 7/2~/97) 13. BOARD OF ZONING APPF. ALS & ADVERTISED PUBLIC HEARINGS 1. Per'alton R)PO-97.1, William L. Hoover, AIC~, of Hoover Planntng S~'~e represeflf- ~ V~it Booth Mo~l, re.q~R...;ltng a 4.1 toat va~e trlxn the minimum required base f~od eiev<n~o~ of 13 feet NGVD to ~.9 ree+ NGVD fa' pro~ ~ at 922~ G~lf ~ Ddve North. (Continued tom tne meeting of 7/29/97) B. OTHER 14. BOARD OF COUNTY COM,~ISSK)NERS' COMMUNICATIONS I~. STAFF~ COMMUNICATIONS 1~. CONSENT AGENDA · All mattt~ listed under this ~m are cor~ to be routine slan Js ~c~nd by a member of the Board, thaf item(s) will ~ removal form the Cansent Agenda and topside'ed se~,arof~ly. A. COmMUnITY DEV~L. OPMENT & ENV~RON.~ENTAL S~V1CES L PL"~ A¥-~7-010~ cecomrnendof~on 10 al~rove fa' recarding the f~n<d ~ of West Unit One, Reptat Block B, and al~rove ~e vocation of a ~ of ~ prev~us~ recardecl ~ of Ouatl West Unit One Re~. 2. Request to alx~ove the final plat of Tarpon Cove Re~lat. 3. Raciest to a~'ove fa' reca'dlng hhe flna~ plot of Saophtre Lcd. es, Untt 4. R~est to e~a'ove a Quit Ck~rn Deed releasing tt~ County's interest in a temgerary drainage easement wilt~in the Vlliage Wc~ Develcernent. $. A,o~roval of o Budget Amendments) recognizing oddlt~ revenue in Fund 111 for I occe1~once of the rooe'wa¥, drainage, water, ~ sewer Improverr, ents 10r the fln~ p~ of 'Viliage Wa~, Phase One'. 7. Find occ~ of the r..~. _ , drainage, wattr, and taws' tm~rovemer~ la' find ~lat of 'Vlliag~ Waft, Phase l~. I..~x~ovo¢ and executk~ of Agreement 10 orovlde legof counsel for ~ Sou~ Code Entorcu'nen/Board. 9. A~'Ovol of a Bud~ Amendment 10 recognlze odcilltoed revenues ~ fire ~ 'r~.' view to be collected anti paid to ltm Na'th Nol~es Fire Dtsfi'lct. B. PUBLIC WORKS I. To ot~ain Board of Co~nt'f Co~mlssk~ ap~'ovof of Budget A~endment 10 Incroose Purchase orde~ fa' Sofid Waste Conk'eton in Fronchlte Se(vice Areas O~e a~l T'~, to corrkolefe the 1997 Fisa:~ Year. 2. Award contract 10 cons~ Sauth County Regional Wat~' Treatment Plant Bac~. wash Retention Po~d Modifications, Bid No. 97.2676. C. PUBLIC SERVtCJES 1. Award Bid No. 9?-2666 to Mttcheil Bldidtng Co~octocs, Inc. fix' the resto~:~an of hls~rlc Evergiades Laundry Building In Everglades Off and outt~ze the C'~ to fdgn contract documents ~ the general centrada' sollcl~,,d under this bid. 2. Accede of two (2) fee simeie dee~s ~ the Oor~flon of lt~ ~ ~ a Dome~ t~. Animal Set'vk. es facility. 3. Awarc~ng Bid ~'97.270~ for emergency elecldcal tel>air tervk:es 10 be utilized at alt County I~ todllt~ LL SUPPORT SERV)CES 1. Recommendofton to award Bid No. 97.~6~3 toe f~a'JnkJer parii and relo~ 2. Award Bid ~r97-26~0 for Tempcrory Oeftcbi Se~e. 3. Ap~oval of so)e source agreement ~ maintenance of telephone swathing equip. rnent. 4. Apb'ova( to renew contFa<.'t =94.226~ ~ar the pL~'chose of alJtorn~lie$ ~ I~ht trucks. E. COUNTY ADAAINISTRATOR I. Requesf authorization for lhe Couni'y Admlnistrata' to apgrove consent and emei'. .ncy agenda ~m$ du~ng the Board's c~sence. Recommendoiton th~ the Board of Counh, Comml$$1one's ag~'ave ~ ~ itoh amount foe Fiscal Year 199~ as co~alned in the Agreement wh~ Gary L. P.A. to provide foe current contract manager tervlces for the Pelk:an Bay Services DI- vision. 3. Budget amendment to cover unanitclpated costs In the County Admlnlst'Fa~"$ Ad- rnlAIstrotia~ cost ceni~r. 4. Bud~ Amendment Rel:xxt. F, BOARD OF COUNTY COMM(SS)ONERS G. MISCELLANEOUS CORRESPONDENCE 1. AAISC~LLANEOUS ITEMS TO F)LE FOR RECORD WITH ACTION AS DIRECTED H. OTHER CONSTITUTIONAL OFFICES I. COUNTY ATTORNEY 1. Rec~'nrnendaiton to ttm 84xrd t~ Accei~ the Softsfad10n of PInd Judgment In Lawsuit Entttled B4il~)s vs. O3411er County and 10 Authaize the Chatrman to Accept ReceLat of P~ and to Executa All Necessary Setllement Documents. 12. ADJOURN No, August 5, 1997 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA August 5, 1997 9:00 A.M. NOTICE: PERSONS WI~{ING TO SPEAK ON ANYAGENDA ITEM MUSTREGISTER TO SPEAKING. TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS MUST BE SUBMI~ IN WHITING WITH EXPI2%NATION TO TH~ .4G ~STRATOR AT T.V3kST 13 DAYS PRIOR TO THE DATE OF THE AND WILL BE HF2kRD TINDER "PUBLIC PETITIONS". AN~PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCR~I~INGS PERTAINING THERETO, AND T~FORE MAY NERD TO ENSURE THAT A VERBAT~ RECORD OF THE PR~ED~S IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND E%K. DENCE UPON WHICH THE APPEAL IS TO BE BASED. REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) ]TES UNLESS PERMISSION FORADDITIONAL TIME IS GRA}~BYTHE IRMAN. AAS~u~LESTED LISTENING DEVICES FOR TRE HEARING IMPAIRED ARE IN THE COUNTY COMMISSIONERS' OFFICE. RECESS SCIq~FK~.R~FOR 12:00 NOONTO 1:00 P.M. 1. INvocatiON 2. PLEDGE! o~FALT.~I~CE 3. APPR OF AG~ AND CONS~ AG~ ~ro~and/or adopte~d with ct~nges 5/0 with the exception of Item {16C2~ch is 4/1 with Co~m~/ssioner Constantine oppos{ng) 4. APPR(~OF L~S h. PRO~~IO~$ 1) proclaiming August 16, 1997 a~Airborne Day. To accepted by Scott Gregory, Chairman, 82''~ Airborne Di~ sion Association and Chaplin Robert J. Kalmanek. ~ted 5/0 Page 1 August 50 1997 B. A~ARDS Thomas Mitchell - Ochopee Fire Control - 20 years Richard Hartwell -OCPM - 5 years C. ~~tA~TiONS ~1 Recommendation to recognize Steve Fontaine, Building Review ~ermitting, Community Development Division, as Employee of Mu~=nth for August 1997. ized 6. APPRO%TALOF CLERK'S REPORT A. A~lysls of Changes to Reserves for Contingencies 1 2 3 General Fund (001) FY 96/97. Community Development Fund (113) FY 96/97. Facilities Construction Fund (301) FY 96/97. OF Ct{AN~ES TO P, ES~RV~ ~OR CONT{IES. PETITIONS ihael G'Francisco requesting a refund of a sewer impact fee. to be forthcoming after adoption of refund ordix~ancebgf BCC on 9/9/97 B. Goodlette regarding improvements to County Road 29 - koloskee Island. S~ directed to follow up regarding imi~rov~ents. Deleted C. Jo~epk Coriaci, Chairman - Marco Healthcare Center regarding a title to land for the medical facility. (Wit]x]rawn at tioner's request) D. is Vachon regarding a refund of a sewer impact fee. un~dto be forthcoming after adoption of refund ordinance by on 9/9/97 8. ~STRATOR'S REPORT A. C~fl~INITY DEVELOPMENT & ENVIR~AL SERVICES Resolution by the Board of County Commissioners, Collier Florida, that Certified Diabetic Services, Inc., be Page 2 August 5, 1997 $: p: ~roved as a Qualified Applicant pursuant to s.288.106, Statutes; and providing an appropriation of up to ,000 as local participation in the Qualified Target Industry Refund Program for Fiscal Year(s) 1998 through 2002, and g for an effective date. 97-309 - Adopted 5/0 C. ~---IC SERVICES & ll Consideration of a request for funding for the construction o~a building to be utilized as the headquarters for the Marco ~and Coast Guard Auxiliary. ~roved with proviso that Classroom be used by the general lic and that Staff pursue any grants available - 5/0 D. SUPPORT SF2RVTCES 1)lApprove funding for a Five Event Weekend for $12,000 Tourist DeVelopment funds, special events. A~roved 4/0 (Commissioner Norris out of the room) 2)~Approve funding the Marco Island Chamber of Commerce for $4 Pr~ 5) $1 A~ 6,800 Tourist Development funds, advertising and promotion. ,roved 4/0 (Commissioner Norris out of the room) Approve funding Visit Naples, Inc. for $580,200 Tourist ~lopment funds, advertising and promotion. ~oved 4/0 (Cc~m~issioner Norris out of the roo~) Approve funding Navigational Aids in Wiggins and Caxambas ~es $5,000, monitoring Marco Island Beach Renourishment ject $110,935, maintenance dredging of Wiggins Pass ~0,550, maintenance dredging of South Channel and Water ~ey Bay $665,115, post construction maintenance needs for :h Renourishment Project $283,382, and beach cleaning [pment $164,565, Category A Tourist Development Funds. =oved 5/0 ~pprove funding the Southwest Florida Film Commission for ),000 Tourist Development Funds Advertising and Promotion. roved 5/0 %TTORNEY'S REPORT ~COUNTYCGg~MISSIONERS Page 3 August 5, 1997 Appointment of members to the Board of Building Adjustments and Appeals. Res. 97-310 appointing Frederick Swetland, III and GaryP[ay~s - Adopted 5/0 Appointment of members to the Immokalee Enterprise Zone Development Agency. Tabled until later in meeting for legal review - 5/0 Res. 97-317 appointing Alan Ne,~n and Herman Spooner - Adopted 5/0. Extension officer to become ex-officio m~m~er and to readvertise for resident for co-w-~ttee. Appointment of members to the Hispanic Affairs Advisory Board. Res. 97-311 appointing Pete Cade, Jr. and Dora S. Vidaurri - Adopted 5/0 D Request for reconsideration of Ordinance 97-31 amending Ordinance 96-6, "The Uti].ity Regulation Ordinance". To be Brought Back to the BOC - 5/0 E Request Board direction regarding Army Corps of Engineers' PEIS. Staff to transmit draft document to Corps for comment - Consensus 11. Added A, CONSTITUTIONAL OFFICERS Board authorization for the Sheriff's Office to apply for funds under the State Criminal Alien Assistance Program. (Sheriff's Request) Approved 4/0 (Com~/ssioner Constantine out of the roo~) PUBLIC COMMENT ONGENERALTOPICS David Skeely regarding the Big Foot in the Everglades A1 Perkins regarding full disclosure. Ty Agoston regarding County Manger and spending of county money. Nettie Phillips regarding opposition to the PEIS study and standing by the Constitution. HEARINGS WILL BE HEARD IMM~u3IA'£~u~YFOLLOWING STAFF ITEMS 12. A~7~RTISED PUBLIC HEARINGS - BOC A. COMPREHENSIVE PLAN ~S Page 4 August 5, 1997 ZONTNG ~S 1) Petition PUD-97-5, Mr. William L. Hoover requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Zurich Lake Villas PUD for property located on the east side of 1-75 and approximately three-quarters of a mile south of Immokalee Road in Sec. 30, T48S, R26E, consisting of 44.36 acres, more or less. Ord. 97-34 w/stips. - 4/1 (Comm/ssioner Constantine opposed) 2) Petition R-97-3, Community Development and Environmental Services Division representing the Collier County Board of County Commissioners requesting a rezone from "PUD" Planned Unit Development to "E" Estates for the Island Pines Garden PUD located immediately south of the County maintenance facility on County Barn Road in Sec. 8, T50S, R26E, consisting of 10 acres, more or less. (Continued to the meeting of 8/26/97) 1) Petition AV 97-008 to vacate a 6' wide drainage easement along the Northeast property line of Lot 32 and to vacate the contiguous 6' wide drainage easement along the Southwest property line of Lot 33, "Quail West Unit One, Replat" ac:ording to the Plat thereof as recorded in Plat Book 21, Pages 84 through 106 of the Public Records of Collier County, Florida, and to accept as a replacement easement a ]5' wide drainage easement through a portion of said Lot 32. Res. 97-312 - Adopted 5/0 2) Petition CCSL-97-1A, Brett D. Moore, P.E., of Humiston and Moore Engineers representing the Pelican Bay Foundation, Inc., requesting a Coastal Construction Setback Line Variance to allow for construction consisting of a handicapped beach access ramp, bz.ardwalk and beach stairs, in-filling open areas with decking, roof coverings over decking, restaurant expansion and addition of new decks, located at the Pelican Bay North beach facility, Pelican Bay Planned Unit Development, in Sec. 5, T49S, R25E. Res. 97-313 - Adopted 5/0 3) Petition CCSL-97-1B, Brett D. Moore, P.E., of Humiston and Moore Engineers representing the Pelican Bay Foundation, Inc., requesting a Coastal Construction Setback Line Variance to allow for construction consisting of a handicapped beach access ramp, in-filling open areas with decking, roof coverings over decking, restaurant expansion and addition of new decks, located at the Pelican Bay South beach facility, Pelican Bay Planned Unit Development, Sec. 8, T49S, R25E. Res. 97-314 - Adopted 5/0 Page 5 August 50 1997 13. A Dele1 4) Approval of an Ordinance enabling Code Enforcement personnel to issue citations for code violations. Ord. 97-35 - Adopted with changes 5/0 5) Petition AV 97-013 to vacate all Public Road Rights of Way and Utilities Easements and Dedications within that portion of Championship Drive (F/D/A Marriott Club Drive) lying east of the Collier County Water-Sewer District Pump Station; Fiddler's Creek Parkway (F/K/A Tournament Boulevard); Club Center Boulevard (F/K/A Championship Drive), as shown on the Marco Shores Unit 30 Golf Course Plat; and that certain 60 Foot Roadway Easement recorded at O.R. Book 1557, Page 2335, ET SEQ; Ail located in Sections 14 & 15, Township 51 South, Range 26 East, Collier County, Florida. (Continued from the meeting of 7/29/97) Res. 97-315 - Adopted 5/0 6) Recommendation to the Board of County Commissioners to consider the application submitted by MediaOne Enterprises, Inc. for the renewal of a cable franchise. (Continued from 7/29/97) Approved - 4/0 (Comm{ssioner Constantine abstained) 7) Petition CCSL-97-2, William L. Hoover, AICP, of Hoover Planning Shoppe representing The Vanderbilt Beach Motel, requesting a Coastal Construction Setback Variance to allow for construction to enclose the first floor of an existing structure for two meeting rooms (one with bar), motel offices, storage, and restrooms, located at The Vanderbilt Beach Motel, Lot 4, Block A, Conners Vanderbilt Beach Estates, Unit No. 1, Sec. 32, T48S, R25E. (Continued from the meeting of 7/29/97) Res. 97-316 - Adopted 5/0 OF ZONING APPEALS ADVERTISED PUBLIC IIEAR~S 1) Petition FDPO-97-1, William L. Hoover, AICP, of Hoover Planning Shoppe representing Vanderbilt Beach Motel, requesting a 4.1 foot variance from the minimum required base flood elevation of 13 feet NGVD to 8.9 feet NGVD for property located at 9225 Gulf Shore Drive North. (Continued from the meeting of 7/29/97) Deleted OF COUNq"f COMMISSIONERS' COMMIFNICATIONS Page 6 August 5, 1997 Discussion by Commissioner Constantine regarding vendors for the transportation of disadvantaged. 15. S COMMUNICATIONS County Attorney regarding the Fifth National Court Technology Conference in Detroit in September. 16. SENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without ~eparate discussion of each item. If discussion is desired by a ror of the Board, that item(s) will be removed form the Consent and considered separately. ed and or/adoptedwith changes 5/0 with the exception of #16C2 which is 4/1 with Comm/ssioner Constantine opposed COMMUNITY DEVFJ/)PMENT & ENVIRON~TAL SEI~;I~$ 1) Petition AV-97-010, recommendation to approve for recording the final plat of Quail West Unit One , Replat Block B, and approve the vacation of a portion of the previously recorded plat of Quail West Unit One Replat. Res. 97-306; with construction and maintenance agreement, performance bond as security and stips. 2) Request to approve the final plat of Tarpon Cove Replat. w/ stips. 3) Request to aDDrov~ Lakes, Unit 4A. ~ construction, maintenance and escrow agree~_nt & st~ps. 4) Request to approve a Quit Claim Deed releasing the County's interest in a temporary drainage easem~.nt within the Village Walk Development. 5) Approval of a Budget Amendment(s) recognizing additional revenue in Fund 111 for mapping work. 6) Final acceptance of the roadway, drainage, water, and sewer improvements for the final plat of "Village Walk, Phase One'. Res. 97-307 7) Final acceptance of the roadway, drainage, water, and sewer improvements for the final plat of 'Village Walk, Phase Two'. Res. 97-308 8) Approval and execution of Agreement to provide legal counsel for the South Code Enforcement Board. Page 7 August 5, 1997 9) Approval of a Budget Amendment to recognize additional revenues for fire plans review to be collected and paid to the North Naples Fire District. In the amount of $75,400.00 B. PUBLIC WORKS 1) To obtain Board of County Commission approval of Budget Amendment to increase Purchase Orders for Solid Waste Collection in Franchise Service Areas One and Two, to complete the 1997 Fiscal Year. 2) Award contract to construct South County Regional Water Treatment Plant Backwash Retention Pond Modifications, Bid No. 97-2676. Award to Mitchell & Stark Construction Company, Inc., in the amount of $145,000.0C PUBLIC SERVICES 1) Award Bid No. 97-2666 to Mitchell Building Contractors, Inc. for the restoration of the historic Everglades Laundry Buildin9 in Everglades City and authorize the Chairman to sign contract documents with the general contractor solicited under this bid. In the amount of $352,490.00 2) Acceptance of two (2) fee simple deeds for the donation of the property for a Domestic Animal Services facility. 3) Awarding Bid #97-2700 for emergency electrical repair services to be utilized at all County park facilities. Award to Phelps Electric, Inc. D. SUPPORT SERVICES 1) Recommendation to award Bid No. 97-2683 for sprinkler parts and related items. Award to Century RainAid as pr]~maryvendor and Hyatt Spr{nkler Supplies, Inc. as secondary vendor 2) Award Bid #97-2680 for Temporary Clerical Service. Award to AccuStaff, Kelly Services & Manpower 3) Approval of sole source agreement for maintenance of telephone switching equipment. With Lucent Technologies, in the estimated ~nnual amount of $62,598.76 Page 8 August 5, 1997 4) Approval to renew contract #94-2268 for the purchase of automobiles and light trucks. With various vendors listed in the Executive Su~mmary 1) Request authorization for the County Administrator to approve consent and emergency agenda items during the Board's absence. 2) Recommendation that the Board of County Commissioners approve the compensation amount fc..; Fiscal Year 1998 as contained in the Agreement with Gary L. Moyer, P.A. to provide for current contract manager services for the Pelican Bay Services Division. 3) Budget amendment to cover unanticipated costs in the County Administrator's Administration cost center. 4) Budget Amendment Report. B.A.'s 97-332, 97-344, 97-357, 97-367 & 97-374 F. BOARD OFCOUNTYCO~MISSI~ G. MI SCSI J.~-':qEOUS CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED H. OTH]~R CONSTITUTIONAL OFFICERS 1) Recommendation to the Board to Accept the Satisfaction of Final Judgment in the Lawsuit Entitled Billups vs. Collier County and to Authorize the Chairman to Accept Receipt of Payment and to Execute All Necessary Settlement Documents. In the amount of $3,400.00 Page 9 A(;ENDA C~S BOARD OF COUNTY COMMISSIONERS' ~IN~ AUGUST 5, 1997 OD~ ITEM 11(A) - BOARD AUTHORIZATION FOR THE SHERIFF'S OFFICE ~0 APPLY FOR FUNDS UNDER THE STATE CRIMINAL ALIEN ASSISTANCE ROGRAM (SHERIFF'S REQUEST). ~ELETE: ITEM 7(C) - JOSEPH CORIACI - MARCO HEALTHCARE CENTER GARDING A TITLE TO LAND FOR THE MEDICAL FACILITY. ETITIONER'S REQUEST). LETE~ ITEM 13(A)(1) - Petition FDPO-97-1, Vanderbilt Beach requesting a 4.1 foot variance from the minimum required flood elevation. (Staff's request). PROCLAMATION the United States Army Parachute Test Platoon performed the first official American Army parachute jump on August I6, 1940; and the success of this Parachute Test Platoon led to the formation of the large and successful airborne contingents serving in Worm War II and continuing to the present; and the continuing development and increasing effectiveness of Airborne warfare and Air Assault units has protected the United States of America and continues to contribute to American eminence; and those Airborne soldiers who fought and died for our nation as well as those currentl recognition. THEREFORE, be of Collier CHAIRMAN [OCK, CLERK RESOLUTION NO. 97 309 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, THAT CERTIFIED DIABETIC SERVICES, INC. BE APPROVED AS A QUALIFIED APPLICANT PURSUANT TO s.288.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF UP TO $36,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEAR(S) 1998 THROUGH 2002, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the business under consideration is a wholesaler of diabetic supplies, specifically, Certified Diabetic Services, Inc.; and and WHEREAS, Certified Diabetic Services, Inc. is located in Collier County, Flodda; WHEREAS, Certified Diabetic Services. Inc. was founded in 1996 with its corporate headquarters in Collier County, Flodda; and Certified Diabetic Services, Inc. is a medical technology industry targeted by the State of Florida for new high-wage job creation; and Certified Diabetic Services, Inc. provides diabetic supplies for patients in the 50 states and Puerto Rico. with 96% of its sales going outside the state of Flodda; and WHEREAS, Certified Diabetic Services, Inc. presently employs 32 employees locally; and WHEREAS, Certified Diabetic Services, Inc. will create 60 additional full-time equivalent new jobs in Collier County; and the average wage for the additional jobs will total at least 115% of the area's average wage; and WHEREAS, Collier County will support the State of Florida Qualified Target Industry Tax Refund Program with a 20% local match of tax refund dollars. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board of County Commissioners hereby recommends Certified Diabetic Services, Inc. be approved as a Qualified Target Industry Business pursuant to s.288.106, Florida Statutes, and BE IT FURTHER RESOLVED that the necessary commitment of local financial support for the Qualified Target Industry Business for the Qualified Target Industry Tax Refund Program exists in the amount of up to $36,000; that this amount will be encumbered and be available for payment from the FY 1997 Economic Diversity 8 A 1 Program Funo,,. for payment in the following increments: FY 1998 - $4,500; FY 1999 - $9,000; FY 2000 - $9,000; FY 2001 - $9,000; FY 2002 - $4,500; and will be paid to the Florida Economic Development Trust Fund with the stipulation that these funds are intended to represent the "local participation" required by s.288.106, Florida Statutes. This Resolution adopted after motion, second and majodty vote favoring same. ~ AwEST: DWIGHT E, BROCK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: ~ Timo/~L-~ah~:k, Chain'nan Date: ~~ Heidi F. Ashton Assistant County Attorney hc/h/qttresolutlon/cds 8 £1 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND NORTH NAPLES LITTLE LEAGUE, INC. REGARDING FIVE EVENT WEEKEND THIS AGREEMENT, is made and entered into thisS' day of e.~aa..,~_, 1997, by and between North Naples Little League, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax 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 WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for a five event weekend including a duathlon, 5- K race, flag football, softball and quarter back challenge scheduled for August 9-10, 1997 (the "Event") and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide the Event. The date(s) of the Event may not be changed without an amendment to this Agreement as provided in Section 17. 2. ~: The amount to paid under this Agreement shall be Twelve Thousand Dollars ($12,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section I upon submittal of an invoice and upon verification that the services described in the invoice ~e completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount fer various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the ~'arious 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 GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES 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. In addition, the following items are ineligible expenditures: 1) Annual operating expenditures not directly related to the activity or project. 2) Employment of personnel not directly related to the activity or project and not speci- fied in grant application. 3) Capital improvement, including but not limited to new construction, renovation, res- toration and installation or replacement of fixtures. 4) Purchase of tangible personal property, including but not limited to office furnishings or equipment, permanent collections or individual pieces of art. 5) Interest, or reduction of deficits or loans. Expenses incurred or obligated prior to or after project funding period. 6)Prize money, scholarships, awards, plaques, or certificates. 7)Travel not directly associated with the project. 8) Projects which are restricted to private or exclusive participation except for invita- tional events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area should season. 9) Private entertainment, food or beverages except for invitational events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area should season. i 0) Making payments for goods or services purchased for previous or other events. 11) Events which are exclusively local in nature such as a parade. 4. ~: GRANTEE 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 General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 8 £1 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The repor~ shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or ~endors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or in:.idental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: North Naples Little League 7537 Citrus Hill Lane Naples, FL 34109 8 E1 M1 notices from thc GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiarni Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time ~pon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a ~artnership 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 ?OUNTY. 10. ~: The COUNTY or the GRANTEE may cancel this Agreement ,ith or without cause by giving 30 days advance written notice of such termination pursuant to ',ection 8 and specifying the effective date of termination. If the COUNTY terminates this kgreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual .ibligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails ~ohold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY Iursuant to this Agreement, unless the Board of County Commissioners determines that the ¢.0mpleted promotion and advertising of the event or activity were sufficient to justify the use of ~urist development tax funds. GRANTEE is required to maintain complete and 11. C. rENERAL ACCOUNTING: accurate accounting records and keep tourism funds in a separate checking account. All revenue r~lated to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- merit. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, u~til the expiration of three (3) years after final payment under this Agreement, have access to, 8 £1 nd thc right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, ot~ transfer in whole or in part its interest in this Agreement without the prior written consent of the '~OUNTY. 14. ~: This Agreement shall become effective on August 5, 1997 and shall emain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term tbr an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and valuate the event identifying the success of the event, explaining how the success and quality ~lwere evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the Event. 16. BEQUIRED NOTATION: All promotional literature and media advertising Imust prominently list Collier County as one of the sponsors. 17. z~3~._~I~x~: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respecttvely, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLI~UNTY, FLORI? J~, :rI'MOT /X I i- iAN OCt<, Chairman WITNESSES: Pr(n~dYTTped Nmrne ~m(ntcdYTy~ed Nmme GRANTEE NORTH NAPLES LITTLE LEAGUE, INC. (corporate seal) kpproved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney Y1997 TDC Agrecmcnt/Nor~h Naplcs Litlle League, Inc, ($12,000) EXHIBIT "A" NORTH NAPLES LITTLE LEAGUE BUDGET Umpires and Referees taff Evcnt Weekend land ,iccnsing Fee )lice Staff Meals Field Usage ? one Rentals ransportation TOTAL $4,200 2,500 1,275 1,000 1,000 750 600 300 $12,000 '1997 TDC Agreement/North Naples Lillle League, Inc. ($12,000) 1 NAPLES SPORTS FESTIVAL t August 8-10th 8 E1 SCHEDULE & ADDITIONAL INFORMATION Frid~v. August 8th f. Golf Tournament - Hibiscus Golf Course - 1-75 to Exit 15:(951); Sooth on 951 to Rattlesnake ;~' 175 Doral Circle Hammock; West on Rattlesnake Hammock to . Naples, FL 34113 ,3o,~ Hibiscus (Doral Circle) '~ (941)774-3559 I:00 p.m. L~nch 2:00 Shot Gun Start p.m. "*REGISTRATION MUST BE RECEIVED BY MONDAY, AUGUST 4th 2. Kickoff Parry - Quality Inn Golf Resort - 1-75 to Exit 15 (951); North on 951 to Golden Gate ' Pkwy (886); Located at 951 & 886. 4100 Golden Gate Pkwy Naples, FL 34116 '~i (941)455-1010 7-10 p.m. All Participant~ Welcome ~ ' 2 Kegs of Budweiser Beer, Soda, $.nd Food Compliments ofCSP ~nd i~. N~l~s Little League. Entrants may pick up p~Acets mad T-shim SatU~g~la¥, Augqst 9th 1. ~ast Action Football Tournament - Veteran's Park - From 1-75, take Exit 17 West (896 - Pine Ridge Rd.) appro:c. I-2 miles; Park entrance on l :00 n.m. - 6:00 p.m. South side ' - From 41 (Tamiami Trail), 41 to Immokalee; East on Immoktlee ~prox. 1-2 mil~s; P~rk entrance on South side 2..(~. uarterbnck Challenge - Veteran's Park i9:00 a.m. - 6:00 p.m. Test your skill level at four 2'x2' targets from 9 (Barry Sanders), 17 (Michael Irvin), 25 (Jerry Rice), and 35 (D~on Sanders) yards. The Winner will receive a 19" Color Television. 3. ~ftball Tournlment - Veteran's Park 4. D~l:~thlov. & 5K Run Pre-Registration - Bike Route - From 1-75, take Exit 15 (951 South) head West on Davis Blvd. to T~mi~ni Trail N. ;655 Tamiami Trail N. Naples, FL 8 !SK Run - Lowdermilk Park - From 1-75, Exit 15 (951); North on 951 to Golden Crate Pk~ry (886); West on 886 to Tamiami Trail (41); $c.:;b on 41 to Banyon Blvd.; Weal on Banyon to Gulf Gulf Shore Blvd. North Naples, FL ; 7:00 ,.m. Start /~f])uathlon - Lowdermilk Park 7:45 a.m. Start 3' Football & Softball Tournament~ - Veteran's Park - Continue 9:00 a.m. - approx. 3:00 p.m. ~t, wards Ceremonies for Football & Softball - B.T. Boomer~ Spo Park, We~t on Im~ miami Trail South 13883 E. T~miami Trail Naples, FL 34! 12 (941)775-5885 ;ar & Grille - From Veteran's .~Ie~ to Tamiami Trail (41), Tn xlaplea Towne Center. Hotel Update · In'cate tltat you are participating in the NaOt~S Soorts Fg~ th~¥oilowing rates at Host Hotels: 1.H~iday Inn - $40 - (941)262-7146 Directions: From I=75, Exit ",Pine Rid~ Rd.) We~t to ~ "); Tamiami Trail South 1100 9th Street N. Tamiami Trail .-. aples, FL 33940 to 9th Street !. 2. Quality. Inn - $49 - (941)4554010 Directions: From 1-75, Exit :5 ~951) North to Golden : 3i 00 Golden Gate Pkwy Gate Pkwy .~aples,: .. FL34116 3...~¢ Registry Resort - $144 - (941)597-3232 Direagtions: 475 Seagate Drive" '. .~aple~, FL 34103 · Ali listed Hotels will be happy to serve you. Please be courteous and le:':s rooms in the samc condition you found them. :? :a_[i & you will receive From I-'.'.:.~ Exit 16 (Pin~ Ridt~ Kd.) West :c, Tamiami Trail (41); ~ 41 to ::eegate Dr. have additional questions, call (305)65543627 ! 99"/TOURISM AGR~EMI;'.NT 8ETWEgN COLLIER COUN'I~ AND MARCO iSLAND CHAMBI;'.R OF COMMgRCE, iNC. REGARDING ADYERTISING AND PROMOTION b!THIS AGREEMENT, is made and entered into this ..~ay of ,/~.~?~'~, 199.,~, and between the Marco Island Chamber of Commerce, Inc., a Florida corporation, on behalf of the Marco Island & Everglades Convention & Visitors Bureau, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter r~ferred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred t as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax 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 WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the C unty to use Tourist Development Tax funds for the promotion and advertising of the City of EVerglades and Marco Island areas; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. i NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: ~ I. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide advertising and promotion of the City of Everglades and Marco Island I PAYMENT: The amount to paid under this Agreement shall be Four Hundred 2. Thirty Six Thousand Eight Hundred Dollars ($436,800.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section I upon submittal of an invoice and upon verification that the services de.~cfibed in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and Shall submit invoices to the County Administrator or his designee. The County Administrator or ~s designee shall determine that the invoice payments are authorized and the goods or services ~vered by such invoice have been provided or performed in accordance with such authorization. ese line item budget attached as Exhibit "A" shall constitute authorization of the expenditure cfibed in the invoices provided that such expenditure is made in accordance with this Igreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of ,goods or performance of the services invoiced. GRANTEE shall certify in writing that all cbcontractors and vendors have been paid for work and materials from previous payments eived prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until ~e Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with ~e law. ~ GRANTEE shall be paid for its actual cost not to exceed the total amount for various line ~ems and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the m~imum total ~'nount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. . 3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section I Will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditurcs 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. ~: GRANTEE 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, d be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: 8 I 8 E2 BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory ~ I'he Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commencepromotional and advertising activities which are to be funded to this pursuant iAgreement until the Certificate of Insurance has been received by the COUNTY. 5. MD.~: GRANTEE shall provide to County monthly reports on ~the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select ~,'endors or subcontractors to provide services as described in Section 1. COUNT~' shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or ~Vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry s;,~dards. ~ 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be 8 limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. ]::~[D..T. iCE~: All notices from the cOLrNTY to the GRANTEE shall be in writing and dccmcd duly served if mailed by rcgistcred or certified mail to the GRANTEE at the following address: . Marco Island Chambcr of Commerce l 102 North Collier Blvd. Marco Island, FL 34145 kll notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served ir nailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 330l Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time ipon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed ~.a creating a p~artnership bctwcen the COLrNTY and the GRANTEE, or its vendor or subcontractor, or to constitute~ the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. ~TJ~: Thc COUNTY or thc GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice or such termination pursuant to SeCtion 8 and specifying thc effective date of termination. If the COUNTY terminates this A~greement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual o~ligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to CObqq'ln/all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 8 E2 !!. ~: GRANTEE is required to maintain complete and t accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within thc term of this Agreement. 12. a~L~~~~: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ~ mcat. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, tuntilthe expiration of three (3) years after final payment under this Agreement, have access to, iand the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. ~: GRANTEE shall not assign, convey, or nsfer in whore or in pan its interest in this Agreement without the prior written consent of the ~OUNTY. 14. XF.,B.M: This Agreement shall become effective on August 5, 1997 and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be a(Vailable for future applicants. 15. ~: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a written report to the County Administrator or his designee within sixty (60) days of the expiration of this Agreement i 16. · . : All promotional literature and media advertising must prominently list Collier County as one of the sponsors. ~[ 17. ~: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. i, IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an au~orized person or agent, hereunder set their hands and seals on the date and year first above written. 81t87/1998 88:39 9~17748828 8 W]T~r.~SES: BOARD OF COUHTY CONIMISSIONERS COLLIER COUNTY, FLOR.IDA GRANTEE c.,.,-,,.-, c. ~-ler..c,r~14o,-,x Pd.t~4/T~l~4 N,,~ Pdn,cd/Typc4 MARCO ISLAND CHAM~ER COMMERCE, INC. Pdn t~d/'l'y,~.d Name (corporatc seal) ~pproved as to form a.nd legal suftic~ency H~]di F, Ashton Assistant County Attorney t'../* 997 T'DC AFnms,~t~.~co lst,nd Ch~mbt~ of ~3~rm~rce 88 E2 8 E2 MARCO ISLAND AND THE EVERGLADES CONVENTION & VISITORS BUREAU 1998 BUDGET ADMINISTRATION includes account service fees for Tweed Advertising, retainer fees for Zimmerman Public Relations, reimbursement to Marco Island Area Chamber for toll-free telephone lines, postage, and other services, and accounting fees. $150,000 PUBLIC RELATIONS includes promotion, travel, and other projects not included in retainer fees. 30,000 ADVERTISING includes media, projections and related advertising services (ie: fulfillment, web site management and trade shows) iTOTAL 256,800 $436,800 8 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND VISIT NAPLES, INC. REGARDING ADVERTISING AND PROMOTION and between Visit Naples, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political sulxtivision of the State of Florida, hereinafter referred to as : "COUNTY." i WHEREAS. the COUNTY has adopted a Tourist Development Plan (hereinafter referred lo as "Plan") funded by procccds from the Tourisl Development Tax; and WHEREAS. the Plan provides that ce'hain of the revenues generated by the Tourist Development Tax are to be allocated for thc promotion and advertising of Collier County ~tionally and internationally and for thc promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County Io usc Tourist Development Tax funds for the promotion and advertising of Collier County nationally and internationally; and WHEREAS, the COUNTY desires to fund the proposed advertising anti promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PsREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: ~ I. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A." the G~,ANTEE shall provide promotion and advertising of Collier County. 2. PAYMENT: The amount to paid under this Agreement shall be Five Hundred Eighty Thousand Two Hundred Dollars ($580,200.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section I upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. t GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization, :~ The line item budget attached as Exhibit 'A" shall constitute authorization of the expenditun= described in the invoices provided that such expenditure is made in accordance with this Agreement. ; Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit ,! thereof and shall be supported by copies ofcon'esponding vendor invoices and proof of receipt of ~goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various 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 GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. i3. ~ Only eligible expenditures described in Section 1 win[~l be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed lo be i ligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written re?est to repay said funds. COUNTY may request repayment of funds for a period ofup to one year after termination of this Agreement or any extension or renewal thereof. ~ 4. INSURANCE: GRANTEE 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 General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person 8 E"3 PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not ~commence promotional and advertising activities which are to be funded pursuant to this ! Agreement until the Certificate of Insurance has been received by the COUNTY. .~ 5. ]~d~LT.J~.,.Y~: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant .t) this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. ~II',GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. ~: GRANTEE may select Vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in thc selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, irectors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. Thc reasonableness of the expenditures shall be based on industry s~tandards. 7. ~: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's tees and ali costs of litigation and judgments of any name and description arising out of or i~icidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 8. deemed duly served '~[ollowing address: 8 E Ali notices from the COUNTY to the GRANTEE shall be in writing if mailed by registered or certified mail to the GRANTEE at thc Visit Naples, Inc. 1400 Gulf Shore Boulevard North Suite 218 Naples, FL 34102 ~ii notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified 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. ~: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. ~: The COUNTY or the GRANTEE may cancel this Agreement ~ith or without cause by giving 30 days advance written notice of such termination pursuant to ~ection 8 and specifying thc effective date of termination. If the COUNTY terminates this A~grecment, the COUNt' will pay the GRANTEE for ali expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and iaccurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, 'until the expiration of three (3) years after final payment under this Agreement, have access to, ~mad the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in pan its interest in this Agreement without the prior written consent of the COUNTY. i 14. TERM: This Agreement shall become effective on August 5, 1997 and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not ~sed by GRANTEE during the term of this Agreement and any extension thereto Shall be available for future applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was evaluated and shall provide a written report to the County Administrator or his designee within sixty (60) days of the expiration of this Agreement 16. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 17. ~: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. 8 E WITNESSES: I "-' ' Printed/Typed Namc Prlmcd/Typed Name Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney fill e~7 ~ A$'reementa/Visit Naples, Inc. (S$80,200) BOARD OF COUNTY COMMISSIONERS COLLIE'R'5~. ~, FLORIDA TIMOTHY L. HANCOCK, Chairman GRANTEE VISIT NAPLES, INC. PrintcOTylx'dTitl¢ (corporate seal) KXBTBI'~ "A" 1998 PROGRAM BUDGET 1998 BED TAX ALLOCATION: PROMOTION Advertising ntedio phlcement Professional Public Relations Services includes strategic planning, hlcilitoting marketing plans. . designing promotional materials and programs, and media liatst;n services ['roduction inchtdes graphic design anti Io)'out services, slide reproductions. text tronslathm and photograph), Collateral Materials mchtdes the printing of destmotwn guides, newsletters and other pieces Media Relations tnchtdes photocolnes' mileage, new.~ release pr~luctton . and distrtbtttton ond press e. rcurstott e.rl~,nses ravcl Agent Relations Expenses lnc[ttdes commtm~cotions, mileage, ~stoge ami on-site fitnliliarizatmn expenses adc Show Ex~nses inchtdes booth registration, supplies and tr~l e.r~nses Jollaborative Efforts w/Marco Island & ~e Everglades CVB inchtdesfanliliartzat~on trips, trade shows and joint advertising PROGRAM EVALUATION Market Research inchtdex collecting and assembling occupancy at~d visitor data C~pping Se~ice ' ' ADMINISTRATION ACcounting Services Inmrance Administrative Costs Uwhtdes postage, telephone cxlsenses, nnlcage, suhscripthms and other q(~ce cost. v TOTAL 8 E 3 S580,200 250,000 123.000 14,200 I 0,000 50,000 20,000 35,000 25,000 15,000 2,500 12,000 7,500 16.000 $580,200 RESOLUTION NO. 97-310 A RESOLUTION APPOINTING MEMBERS TO THE COLLIER COUNTY BUILDING BOARD OF ADJUSTMENT AND APPEALS WHEREAS, Ordinance No. 91-I02, The Land Development Code, as amended, provides :.that the Collier County Building Board of Adjustments and Appeals shall be composed of five ~.(5) members and is established for the purpose of providing a decision-making body through which an owner of a building or structure may appeal the rejections or refusal of the Building Official to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of that building or structure; and WHEREAS, the term of two (2) members on this board, for the categories of Architect and Electrical Contractor, will expire on August 9, 1997; and ~ WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Gary F. Hayes meets the prerequisites for appointmc-nt and is hereby appointed, in the category of Plumbing Contractor, to the Building Board of Adjustments and Appecls for a four (4) year term, said term to expire on August 9, 2001. 2. Frederick L. Swetland, III meets the prerequisites for appointment and is hereby appointed, in the category of Architect, to the Building Board of Adjustments and Appeals for a four (4) year term, said term to expire on August 9, 2001. .~ This Resolution adopted after motion, second and majority vote. DATED: August 5, 1997 ATTEST: DWIGHT E. BROCK, CLERK -, ~05 ti~ -~. .,: , %. '-. . . ~.~'~ legal su~ci~cy: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IMOTHY,L. HANCOCK, Chairman David C. Weigel County Attorney DC~&n IOB RESOLUTION NO. 97-317 A RESOLUTION APPOINTING MEMBERS AND CONFIRMING THE APPOINTMENTS OF CHAIRMAN AND VICE CHAIRMAN TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY WHEKEAS, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 95-22 establishing the Immokalee Enterprise Zone Development Agency pursuant to Section 290.001, et seq., Florida Statutes; and WHEREAS, Ordinance No. 95-22 provides that the Immokalee Enterprise Zone Development Agency shall consist of not fewer than eight (8) or more than thirteen (13) members; and WHEREAS, there are currently three vacancies on this board; and WHEREAS, a memorandum was received from the Housing and Urban Improvement Manager recommending appointments to this board; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Alan W. Neuman is hereby appointed under the category of local private industry council to the Immokalee Enterprise Zone Development Agency to fulfill the remainder of the vacant term, said term to expire on April 4, 1999. i 2. W. Herman Spooner is hereby appointed under the category of business owner to thc Immokalee Enterprise Zone Development Agency to fulfill the remainder of the vacant term, said term to expiring April 4, 1998. This Resolution adopted after motion, second and majority vote. DATED: August 5, 1997 ATTEST: legal su~ciency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY~. I~ANC6~2~,-C~-IAIRMAN -- DaVid C. Weigel g~7 CoUnty Attorney DC'~&n RESOLUTION NO. 9%3! I A RESOLUTION APPOINTING MEMBERS TO THE HISPANIC AFFAIRS ADVISORY BOARD. Board, provided that the Advisory Board shall consist of seven (7) members; and WHEREAS, Collier County Ordinance No. 91-78 amended Ordinance No. 91-37 by providing that thc Advisory Board shall consist of nine (9) members; and WHEREAS, there are currently four (4) vacancies on this Board; and WHEREAS, Collier County Ordinance No. 91-37, creating the Hispanic Affairs Advisory WHEREAS, the Board of County Commissioners previously provided public notice isoliciting applications from interested parties; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Pete Cade, Jr., is hereby appointed to the Hispanic Affairs Advisory Board ~br a four (4) year term, said term to expire on June 25, 2001. ~ 2. Dora S. Vidaurri is hereby appointed to the Hispanic Affairs Advisory Board for a four (4) year term, said term to expire on June 25, 2001. This Resolution adopted after motion, second and majority vote. DATED: August 5, 1997 ATTEST: DWIGHT E. BROCK, CLERK David C. Weigel - tO - Cotmty Attorney ADV BD/kn BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. 7~y.,,,47~~ "n otmff... fi. c6 E I 2 4 7 I0 II 12 13 14 16 17 18 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 REVISED MEMORANDUM OF UNDERSTANDING-August 5,1997. Memorandum of Understanding Environmental Impact Statement (ELS) Southwest Florida Recommended changes prepared for Collier County Board of Commissioners by the Chamber/EDC Coalition. presented on/fugust 5. '19~)7. IOE BACKGROUND, WHEREAS. The National Environmental Policy Act (NEPA). Section states as its purpose to declare a national policy which will encourage; productive and enjoyable harmony between man and his environment: tO promote efforts which will prevent or eliminate damage to the environmenl and biosphere and stimulate the health and welfare of man: and to enrich th,, understanding of ecological systems and natural resources'important to WHEREAS. NEPA, Section 101. further declares it to be the policy of th(. Federal Government. in cooperation with state and local governments. other concerned public and private organizations, to use all practicable, means to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and ott, er requirements of present and future generations of Americans: and WHEREAS, the Corps of Engineers, under the provisions of the Clean Water Act (CWA), is charged with protecting the physical, chemical, and biological integrity of the nation's waters to include ensuring that impacts to the aquatic environment be avoided, if practicable, and, if not, be minimized and compensated (mitigated); and WHEREAS, the Corps of Engineers, under the provisions of the Endangered Species Act (ESA), is charged with ensuring that any activity permitted does not jeopardize the continued existence of a Threatened or Endangered Species .-.- ...4 ...... ~ .... .4:A, +~ .~..-,;-.,.,+,,.a ,,..:+;...,~ ~,,~,:+.~, and WHEREAS, the Corps of Engineers,.Com. s), under the provisions of the National Environmental Policy Act Ox/EPA), is charged with ensuring that federal activities do not cause significant harm to the environment through a <procedure that includes developing and analyzing various altematives, considering secondary and cumulative impacts, and weighing the public Page I of a total of 13 pages REVISED MEMORANDUM OF UNDERSTANDING-August 5,1997. interest by balancing the favorable impacts of development against thc detrimental impacts, known as the public interest review. The process will lxo. yifl.e_f.o~q-hmugh full public disclosure and participation; and WHEREAS, the current process of modifying land for new uses can be is ,,,er-y onerous to agp. lir, all~the-ov,,nem due to a sequential and fragmented planning and regulatory system in - ,.r,.,,...~:, .... ~' of which-br-~ new permit requirements and often conflicts with zoning and previous permitting, which leads to great frustration and unproductive expenses for the applicant, and less than optimum results for the environment; and WHEREAS, the state has mandated and the applicable counties have, ~ closer coordination of the Local Govemmen[Comprehensive · r-,., ~ ,-h ,,-,* ,,,,4 · · Planning pProcess, coordinated .......... between *~ ...... , ..... ':"" and th,,, Co,'"~g ,.,,.,,4 ,.~+h ....... lc,+^...,, ' ...... "~,,~ ................ ~, ....... / agone:e: ...... ~a ,,,:, i, ,[ .... as,,,.. ~ land use planning and ~,,,~,--,,' e,,,,,~ ,,,~,~ local conservation requirements, and in recognition that the Boards of County Commissioners of Collier and Lee Counties (BCC) are the elected representatives of more than 500.000 people, the resulting comprehensive plans adopted by each county should therefore be given due consideration by the Co .rps and other regulatory agencies as required by 40 C.F.R. 1506.2(d); and ............ ~, ...... ~ agenciesar-, experiencing ~maor4imu~ difficulty in, on a case-by-case basis, addressing its ~ responsibilities in a timely manner due to the number, size, and cOmplexity of permit requests within the Estero River Basin: and~.'.nder Fedora! and t- ....... Process:rig ......... ts, .... WHEREAS. the natural environment within the study area has been ami continues to be negatively impacted by historical alterations to natura~ the spread ofrluisance exotic species, particularly melaleuca and braziliau Page 2 ora total of 13 pages REVISED MEMORANDUM OF UNDERSTANDING-August 5,1997. !OE 77 78 79 80 81 82 84 85 86 87 88 89 90 91 93 94 95 96 97 99 100 101 102 103 104 105 106 107 108 109 I10 112 113 114 THEREFORE, to better serve the people of Southwest Florida by synchronizing · · ' land use and conservation p.2aa~~, while simultaneously fulfilling the Corps'_ responsibilities under NEPA, and assisting other regulatory agencies in their decision making process, by signature below, amt4~,-oeum4~qa~ the Corps of Engineers, ' ' ~(~~ referred to as the Principals), ~will prepare an Environmental Impact Statement (EIS). The organizations/agencies signing below, after the Principals, agree to serve as Cooperating Agencies (CA) .... TENETS. The preparation of the EIS will be guided by the following tenets. · The purpose and need of the EIS shall be to streamline the environmental permit system while continuing to ensure environmental protection. It is a principal purpose of this MOU to reduce delay in the individual permit process and to bring _re'eater certainty and uniformity to that process while simultaneously protecting the environment. · The EIS will commence on or about September 1. 1997 and will be pl 1998 .......... ' com eted on or about December 31, ...:+u:.....° .....~+u~ ~...... +u.~ a..+.~..........~.........~.......... C~'+1-,,~ I.~,-+ ,,;,~..,,-.+ .... I-,,~1,~,.. · The4ssaes-a~ geographical area of the EIS is generally defined to be the Estero River Basin and will m'.'-st be specifically defined and approved by the Principals c~Ml, o~bom6,,~y-after input from the Agencies, and Participating Organizations during the first two months via an open public scoping process. Page 3 of a total of 13 pages REVISED MEMORANDUM OF UNDERSTANDING-August 5,1997. ~t5 · The EIS shall be restricted to ~~ issues i~6 .~.]lhin. the regulatory authority of the Corps:; ~ ~7 protection of wetlands, mitigation, fllmalm:t.elt~endangered species, ~ ~ acumulative and ~s~dmS, impacts, water management, and water 119 quality,-ualess4 ~ ' d~-m-e~pand-~ ~20 ~2~ * The EIS will be funded by the Regulatory Division of the Jacksonville 122 District, Corps of Engineers, within the constraints of the availability of n3 funds to the district for this purpose as determined by the District Engineer. 124 ~,,,.,~'""4 ~.,,ua ,,,,,,.,"*~'~' CA's who--agr-ee may. elect, at their sole discretion._ to 125 contribute within the constraints of availability of funds to them for this ~26 purpose, however contribution of funds is not a prerequisite for CA's. The 127 scope of the EIS will be adjusted to ensure that the funds allocated to the 12s process are sufficient to complete the EIS in the time frame defined her6in. ~20 · The ~,adopted Future Land Use Maps and related Elements of the Collier 130 County and Lee County Comprehensive Plans shall be used-as the land use 13~ plan and shall be the GounOes2. preferred alternatives for purposes of the ~32 EIS. 133 ® Analysis will be holistic and regional -- individual projects or properties 134 shall not be targeted for selective analysis or delay or implementation of ~35 EIS alternatives. 136 · There are a myriad of existing and ongoing studies and plans that t37 address water quality, stormwater, manage, m.eaxt, wetland, and listed species 138 impacts in the region. The C,9.r~E!8 will identify, during the scoping phase ~39 which existing studies will be used to address issues within the scope of the 140 EiS_~ '~'; ...... t. to '~' .... : ......r,,..., --.,,.o:*.', d ill pli .................................... v ....... an w notdu cate 141 or supersede any prior or ongoing local or regional studies, activities, or plans, including but not limited to Lee County's Environmental Lands Acquisition and Restoration Program and public or private mitigation banking projects. It is the intent to base the study primarily on existing and 145 available data and analysis: any deficiencies Gaps must be identified as 146 early as possible to allow sufficient time to acquire necessary additional 147 information without delaying the process. The EIS shall be based on sound 148 scientific and technical data and analysis. 149 · Approved jurisdictional delineations, listed species surveys, and other field verified information shall be accorded the greatest weigJat and the study must clearly acknowledge that any information which has not been Page 4 of a total of 13 pages REVISED MEMORANDUM OF UNDERSTANDING-August 5,1997. 152 ' ' ....... 153 ' ' 154 ~- .... 155 ' 15~/' · Private property rights shall be clearly acknowledged and respected in 15~ EIS alternatives. It is recognized that neither the Corps permitting nor this 15b-, EIS convey a property right nor a?.~.horize any injury to property or invasion 160 of other rights. ' .... 161~ ...... 162 ..... 161 ..... 165 · .... 166 ..... 167 .... 168 ~ ..... 169 ' ' ' , ' l?0 · Cooperating agencies · ~ r~ ~?~ ~5~h.~:ldxlla~,Ml4 include ~F~[e,l~~ State, or local 172 ....... ~ 173 ....... .aOpsOR~ 174 , , ' ' , ' ' , 175 ..... 176 · .... ~ 177 ..... ~ 17g ' ~ ~ ' 179 ..... ~ 180 ' ' i ® The Corps, Florida Department of Environmental Protection, South Florida Water Management District, and any other regulatory ag.e,a~ IS3 g_o_~zp~&afi~,_~ in the EIS shall continue to accept, ami ~s4: process, and take action on permit applications while the EIS is underway: ~ss .. "~'r .............. ~- ~ agene e~ and shall not ~s6 withhold or delay a decision to issue, modify, or deny a permit due to the la7 ElS preparation, nor shall any agency seek to impose conditions or isa requirements based on unadopted provisions of any draf~ EIS. Page 5 of a total of 13 pages REVISED MEMORANDUM OF UNDERSTANDING-August 5,1997. 189 · ~alteration of any permit conditions or ~90 .... lied for 191 ' 7,22 · A major goal of the EIS will be to streamline the environmental review ~93 and permitting process for all applicants; bring more speed, consistency, 194 certainty and economyto theprocess ' ~ ' 195 ' ' ' . 196 · EIS activities must be conducted in support of the public interest in 1~? achieving a sustainable balanced economy in concert with a healthy 198 environment. Appropriate weight must be given to the economic impact of 19~ the conclusions reached on property owners, public costs, and public 200 benefits and quality of life to develop meaningful, sustainable, and 20~ economically viable solutions. Every consideration will be given to ensure 2o2 that the EIS will not result in detrimental impacts to the economic ' 203 development and diversification of the Southwest Florida economy. Should 205 ..... 207 ' ' ' ' 20s · The EIS shall~~ho public interest~ 209 adg_p.t~~ facAor-s used in Corps permit reviews. These include a 210 ' ' · 211 ~ ' ~economics, 212 ' , ' , wetlands, 2~3 fish and wildlife ~taes, flood hazards, floodplain values, land use, 214 navigation, shore erosion and accretion, recreation, water supply and 2~5 conservation, water quality, energy needs, safety, food and fiber production, 216 mineral needs, and considerations ofgdy, a~property ~ownershipa 217 2la go4=u+t ' ' ' 219 ' ' ' ' ' 220 221 · Florida Sunshine law obligations of non-federal participants shall be 222 respected ..... 22~ ' ' ' . The ElS shall be 224 conducted in a manner that ensures full opportunity for public participation. 225 Page 6 cfa total of 13 pages REVISED MEMORANDUM OF UNDERSTANDING-August 5,1997. 226 227 229 232 234 235 236 23? 238 240 241 242 243 2441, 245 246i 247 248~ 249i 250~ 253 ~ 254 255 256 257 258 259 260 261 262 263 ~ CA's and PO's commit to the following. · Commensurate with the unique authorities and capabilities of each agency, allocating sufficient resources to ensure completion of the E'IS within the specified time frame.!g mznths. · Ensuring appropriate representation and participation at each meeting convened by the Principals. · Making a sincere effort to develop a consensus alternative to an extent which is consistent with their governing laws and regulations. ~ To an extent consistent with their governing laws and regulations, CA's make specific commitments as follows. {Below are 2 example possibilities - details will be filled in after discussions wHh each agency - all CA's should consider making appropriate commitments to ensure success} · Secretary, Department of Community Affairs agrees to facilitate and expedite changes to the Collier County and Lee County Comprehensive Plans which implement the provisions preferred a!temafive of the EIS accepted by the Principals. and the public after review in accordance with Chapter 163, F.S. ,, Executive Director of the SFWMD agrees to provide conceptual water quality certification in support of a Programmatic General Permit. · FDEP: · FGFWFC: · FDOT: · FWS: · EPA: Page 7 of a total of 13 pages 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 28O 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 REVISED MEMORANDUM OF UNDERSTANDING-August 5,1997. * Estero Bay Agency for Bay Management (ABM) agrees to provide the technical support to assist in the development and execution of the EIS process. * Southwest Florida Regional Planning Council (SWFRPC) agrees to provide the technical support to assist in the development and execution of the EIS process. * Governor's Commission for a Sustainable South Florida, Southwest Florida Issues Group (SWIG) agrees to provide a variety of opportunities for public discussion of the process and for development of study products: · etc. ADMINISTRATION. Must follow a logical, time bound plan to develop the EIS anchored by clear administrative procedures and responsibilitieS. A proposed conceptual plan designed to implement this memorandum is found at Appendix A. It is intended to be flexible and may be adjusted or modified as needed to provide the EIS in the agreed timeframe. FINAL PRODUCT. The goals of the process will be as follows. · Completed EIS consistent with Federal laws and regulations which is also supported by the elected representatives and public they serve in Southwest Florida which established a consensus preferred alternative for Corps permit review under section 404 of the Clean Water Act within 18 months from the ratification of this agreement. · Conceptual Water Quality Certification for the entire region studied. · Biological opinion for the entire region studied which will identify critical habitat for endangered species, · Conceptual basis for a Programmatic General Permit for the study area region developed for administration by an appropriate agency,.lll~g0.aLs~ which shall include those set out in this MOU. · Specific criteria and presumptive standards for permits within areas deemed appropriate for regulated activities. · Species management plan guidelines specific to the region. A happy Page 8 ora total of 13 page~ 301 302 303 304 3O5 306 307 309 REVISED MEMORANDUM OF UNDERSTANDING-August 5,1997. IOE Page 9 of a total of 1.3 pages REVISED MEMORANDUM OF UNDERSTANDING-August 5,1997. 310 311 312 313 314 315 317 32O 321 322 323 324 325 326 327 '~25 329 331 332 333 334 335 336 337 33g 341 342 344 345 346 347 348 349 351 352 353 354 355 356 357 360 36! 362 ~. Signature and date. Chair, Collicr Coumy Commission Chair, Lee Coun~ Commission District Engineer. USACE Jacksonville COOPERATING AGENCIES Signature and date. Secret~. Department of Environmental Protection Secretary, Department of Transportation Chair, Governor's Commission for a Sustainable South Florida Sccrc~.*y, Department of Community Affairs Commi~ioner of Agriculture Executive Director, Southwest Florida Regional Planning Council Executive Director, South Florida Water Management District Executive Director, Florida Game and Fresh Water Fish Commission Natural Resource Conservation Service Regional Director, U.S. Fish and Wildlife Service City of Fort Myers Regional Director, National Marine Regional Admini~rator, Region IV, Fisheries Service U.S. Environmental Protection Agency ~orida Office of Touriam. Trade. and Economic Devclopm,:nl Lee Count), Pon Authoril~ PARTICIPATING ORGANIZATIONS_ Council of Civic Associations Sierra Club, Calusa Group ~ Sprin_v~ Chambe_r Economic Development Coalition of Lee County Corkscrew Regional Ecosystem Watershed Trust Chamber of Southwest Florida Economic Dcvclopmc. nt Council of Collier County Estero Bay Aquatic and State Buffer Preserve Environmen~d Coalition of Southwest Florida Conservancy of Southwest Florida Naples Ar~a Chamber of Commerce Florida Wildlife Federation, Southwest Florida Chapter ,. Page 10 of a total of 13 pages 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 38O REVISED MEMORANDUM OF UNDERSTANDING-August 5,199'/. Lcaguc of Women Votcr~ of Lee County Fort Myers Beach Civic Association Presidents Council League of Women Voters of Collier County Citizens Association of Bonita Beach Fort Myera Beach Chamber of Commerce Florida Gulf Coast University West Coast Inland Navigation District 10£ 4 Page 11 ora total of 13 pages 381 382 383 384 385 386 387 38g 389 390 391 392 393 394 395 396 397 398 399 400 40l 402 403 404 406 407 408 409 410 41l 412 413 414 415 416 417 418 REVISED MEMORANDUM OF UNDERSTANDING-August 5,1997. Appendix A Conceptual Implementation Plan · Months 1 and 2. Corps will publish this agreement and solicit written comments from public on the issues and geographic scope of the EIS. SWIG will conduct own workshops to prepare their recommendation. P._ria.Op. als Corps, in consultation with PA': and CA's_a~ determine,s scope and ~~ an "Alternative Development Group (ADG)" ~,,,-/o r, ........ +~,, +u~, ^ n~,~ ,,,:i~ ~+~*,~:~u ... "Technical Group (TG)" as the two standing committees. The TG will to prepare, at the end of Month 2, a report describing known existing data and potential data gaps._Voting membership of ADG and TG will be members of the public 5vho reside in Collier and Lee County. Representatives of governmental agencies shall be non-voting, ex-officio advisors to these two standing committees. The Principals shall also establish a "Draftine Group (DG} comprised of individuals with experience in the oreoaration Qf environmental impact statements, to prepare the EIS document · Months 3, 4, and 5. The ADG will meet to identify factors used to evaluate recommendations ancl alternatives. The TG (with review/comments by the ABM) will coordinate with the ADG to identify what data is available to measure those factors, identify gaps, determine how they will be filled within the budget and time frame of the study, and prepare a preliminary "Technical Appendix. The Corps will notice the availability of these and the SWIG will conduct a workshop to prepare their comments on the direction of the work. · Months 6, 7, and 8. The ADG will identify a range of recommendations and alternatives +~- +u .... r~-~a ~+~....~+: .... ...... ~' .................... , prepare a "Progress Report" in Month 7, then identify a "consensus altemative" and prepare, by Month 9, a report of its work. The TG will complete the draft Technical Appendix. SWIG will hold public workshops in Months 7 and 9 to prepare their comments on the progress of these groups' activities. · Months 9, 10, and I 1. The IXYt.~ edits/synthesizes the reports from the groups, background material, and NEPA-required technical material into a Draft EIS document. The Principal,sGorps, in consultation Page 12 bfa total of 13 pages REVISED MEMORANDUM OF UNDERSTANDING-August 5,1997. 419 420 421 422 423 424 425 426 427 425 429 430 431 432 433 434 435 436 437 438 439 440 44! 442 443 444 445 with other-PC~o-a~ CA's.aad_E.O~, reviews/proofs the Draft ElS, and solicits written comments from the public. The Corps holds two public hearings jointly with respective County Commissions for comments on the Draft EIS.and_~.--gW4G-hol~ prepare recommendation on "what is next". · Months 12, Princioals!2, ...a !,~ p~.,. a: ...... '""*'"' :0 "-"*" =~d ' reconvenes the ADG to prepare a preliminary revision to its report.alld., ~ directs TG to prepare a preliminary revision of the Technical Appendix. SWIG holds public workshop to prepare their comments on the preliminary revisions. · Months ~!5, I': ~--~ 17 ADG and TG complete reviqions. D_G.g-WFggG edits/synthesizes the Final EIS document. The with inout from the CA's and --- ,~..--..~, !.'l. ...... t+.,+; ..... ;+.,~ .,+1.,.. o^ ,_ and CA'=, reviews/proofs the Final ElS and issues notice in federal re§ister and solicits written comments from the public. · Month 16 ,o r, .... +:-- :-.:+:~.~ e .....~:r:.,,..;,.....e+~...:.t~..,.,. .............. proce22 ............................ Corps prepares Record of Decision. Page 13 of a total of 13 pages ~ T/~e Cove,',or's Co,,,issio, for a · ustainable outh Florida C, evemor Lt. gin ~air ~;~IaKD G. ~IIAT :, V~mt Su~ II. ]mm F. ~oH ao~, IR. ~ccY RoY Jm S,on~ L~zR A. Sr)m~ Josmr R. SeRm, Jrt. A~ ~ Tzt~, Ix. B~,.xRn J. Yom Cr~nt~ J. ~ Omao Bn~v CXUSEY Co~ T~RY CoL TRn~r~CK (~oc{} SaLT ~//~ D/rt~/or October 1, 1995 The Honorable Lawton Chiles Governor, State of Florida The Capitol, Room 1501 Tallahassee, FL 32399~0001 1221 ~ ~ Fl. 34120-38~1 Dear Governor Chiles: It is with much pleasure, enthusiasm, and satisfaction that I provide you with this hHtial Report of the Govemoes Commission for a Sustainable South Florida. It is the product of our first seventeen months of intensive meetings and deliberations. The R orr was unanimously ~the Commission at its last mee~g~ by the Commission's five non-voting Federal members. We believe endorsement~aad support by you, your agendes, cabinet agencies and other affected governmental jurisdictions will move the South Florida regioq toward long-term recovery of its natural systems and its decaying urban centers and enable them to be sustained at a level we would find appropriate for future generations of South Floridlans. The Initial Report reaffirms the value of the consensus process which is essential for further Commission involvement ia Everglades restoration and urban redevelopment activities: The assistanco of the Florida Growth Management Conflict Resolution Consortium was invaluable. The consensus building process proved sueeess£ul largely because of the dedicated attendance and sustained commitment of the Commission members. The process'has established m tmpreeedented sense of reciprocal trust and common commitment among Commission members. This, in turn, lays the foundation for continued efforts toward finding ways to restore the ecosystem while maintaining a healthy economy and quality communities. One of several examples of the trust that has been established among Commission members is a private sector agreement to provide agricultural lands for federal research on more water- tolerant varieties of sugar cane. Suda research is important in protecting sous from subside-nee and in enhancing water storage eapaelty of sugar cane growing areas. This will assist in the development of a sustainable agriculture in the Everglades Agricultural Area. 1550 MADRUGA AVENUE - Sul?l~ 220 · Col{^l. C~m.~:s. FI.OnlDA 33146 · (305) 669-6973 SIC 430-6973 FAX (3OS) 669-6974 What Is Ecosystem R. EDWAiLD GRU,XlIIINE $~¢rra Inst:tut¢, I.'C 7.~0 Front Street. ,~LIIlt' $,~,",ta Cnlz. CA 95060 ~',h',¢-: Management? Noss. R. 1992. Thc wiJdlands prolect: I.'md c¢}nscrvat~on ~tra: eg¥. Wild Earth, Special Issue No. I:10-25 Noss, R. F,. and A, Cooperrider. 1994. Saving Nature's legaQ' Protecting a~d restoring biodiver~ie,.,. Defenders of Wildlife and Island Prc.~$. \va.shingi'on, DC. History teUs us that change does not aJwaYs come easily, peaeefiJlly, or in a planned manner. Implementing the mans. Noss (199Z) has suggested that maintaining 50% of a given region in cores/buffers is a reasonable estimate aa to what it may take to conserve biodlver. airy. He also states that the needs of nonhumarts must take precedence over the needs of people. Addressing these prOvocative observations is eriticaJ in the short rtln, too. But for the long term, Noss doe..; not ~o far enough. Ecosystem management has not been uniformly defined or consistently applied by federal or state management IOE '.' = = ,..,.,,,=~.=~-,~,,~. manner to ensure both faireness and legal sufficiency in the Corps decision making process. 3. Past and Current Activities/Studies ("Efforts"). Many efforts to examine impacts to, and the future of the region, have been completed or are underway. First and foremost is the Lee County Comprehensive Plan. Other efforts include the Lower East Coast Water Supply Plan, Estero Bay Management and Im~ovement Page 1 of 10 pages White Paper - Options for Southwest Florida - April 22, 1997 Plan, Estero Bay Agency on Bay Management, Charlotte Harbor National Estuarine Program, Southwest Florida Focus Group, $outhwe~.t Florida Issues Group of the Governor's Comau[ssion for a Sustainable South Florida, Multi-Spec'les Recovery Plan, Water - ~esources Development Act Critical Projects, and the Central and Southern Florida Project. The Arnold Coramittee looked at a portion of Lee County and provided a vision statement for the future of that area. Many individuals from the area have written expressing concerns for wetland impacts and habitat loss, but also for upland habitat loss, land acquisition for conservation, water supply, and traffic in the larger region. In addition, Region IV of the U.S. Environmental Protection Agency has ~xp~essed support for a cumulative impact study with particular emphasis on water quality and wetland issues. 4. Options. What follows is an analysis of possible options the Corps regulatory program has in evaluating common issues ~o all the potential projects identified. Option #1. Continue Permit-by-Pernhit Review. i OE 40 41 42 43 44 4.5 46 47 48 housing m tile region ,,vas cstm~ated to be 119,513 units. This shortage in the regina rs e×pected Io grow by ,an average annual increase of 18,066 un,ts, generating a total unmet demand of 408,568 units by the year 2010 (Wolff Economic Research. 1994b) tlousinR Populations With Spcci,'d Needs. -- Increasingly, communities in Florida arc rcahzmg Ire Importance of (lcvcloping integrated pi,ms for the housing, care. and mob~hty of people w.th spcmal qeeds, such as the elderly, the very poor. the homeless, thc physically and mentally disabled, and migrant and seasonal 145 /V o T- C, / r/ Z ,~/c,,S 1 farm.wor.kers _.~sa commitment to ensure that decen nousm is avmlable to all t and affordable populations. Local governments, in partnership with the private sector (including private nonprofit 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 agencies), must identify needs for affordable housing and related services among these populations Furthermore, they must develop and implement strategies to meet those needs. The Affordable Housing Study Commission, in its 1994 Annual Report to the Governor and Legislature, cites Florida's growing population of elderly and homeless as 2 issues that demand the state's immediate attention (AHSC, 1994) Addressing Affordable Housing Needs Through Land Development Regu/afions and Policies. -- At the state and regional level, plans provide local governments with policy guidance for addressing affordable housing needs, and programs provide financial and technical assistance in meeting local needs. Also, the state will undertake an affordable housing needs assessment for each local government to ass/st county and rnunicipal governments in addressing housing needs in their planning efforts ltopefully, the availability of these assessments will assist local governments m planning for and providing affordable housing to meet the demands of the future Addressing Affordable Housing Needs Through Regulatory Reform. -- Florida vests authority lo issue development orders and building permits in county and municipal governments. This means that local governments must perform most of the work to reduce regulatory barriers that preclude or discourage the production of ,'fi'fordable ]lousing. Reducing regulatory barriers, however, is also of concern to other levels of state government. State and regional regulatory agencies should routinely review their regulatory procedures and adjust or eliminate them as , appropriate. .! ! 2 3 4 5 6 ? 9 I0 II 12 13 14 IS 16 17 Ig 19 20 21 22 23 24 26 27 28 29 30 31 32 33 34 35 36 37 3~ 39 40 41 42 43 44 45 46 Development released its report, "Our Common Future," that the terms "sustainability" ,'md "sustainable development" came into wide-spread use. "Our Common Future" (or the "Brundtland Re'pod," named after the Commission's Chair, Norwegian Prime Minister Gro Ha.rlcm Brundtland) defined sustainable development as "development which meets the needs of the present without endangering the ability of future generations to meet their own needs." That Corem,ss,on estabhshed several key principles of sustainability: That the needs of the future must not be sacrificed to the demands of thc prcscn~t. That humanity's economic future is linked [o the integrity of. natural systems, and That protecting the environment is impossible unless we improve the ccononl~C prospects of the Earth's poorest peoples There are several major attributes to this concept. The first is the distinction between growth and development Dr. Herman Daly (Environment Department, World Bank) describes the differences by defining 'growth' as the "expansion in scale of physical dimensions of an economic system while 'development' refers to a qualitative change (improvement or degradation) of a physically, non-growing econom:c system m a state of dynamic equilibrium maintained by its cn v~ ron tn cat" Another attrtbt,te of the concept ts that it is not a new, revolutionary, or radical not,on People havebee~ familiarized with the idea through the common us?7~eof such terms as cltr .r?/mg capacity, sustained managemenl practices, sustainable yield. systems approaches, limits to growth, and more. At the June 1992 United Nations' Conference on Environment and Developmen! (the "Eartl~ Summit" or UNCED) in Rio de Janeiro, Brazil, representatives from nearly every nation on Earth adopted the Brundtland principles in the form of international treaties and agreements designed to begin protecting natural systems while meenn$ the needs of the world's poor. At the same time, a "Global Forum" of citizens' groups from around the world developed grass-roots initiatives designed to momtor governments ~d push sustainability efforts beyond what governmental processes were able to do. These latter efforts were aligned with _Aeenda 21, I of 5 docvments stqned at the UNCED conference. Donald A. Brown ( 199~-OSLdescribc$ A~enda 21 ,ns a non-bindin_e_ comprehensive blueprint for elobn[, ngtlOn rolo thc 21st ~;cntur?,,. He exolain$ tha~ "the greatest historical significance of A,qenda 21 is that it puts environmental protection and development activities on the same footing under the notion of 'sustainable _development"' (p. I-2). Brown concludes that Agenda 21 is a means of forcin~ .t_,he integration of environmental, economic, and social planninl] at the state level and that it shottld be used as z "too[ for reconcilin8 economic, environment~ and development tensions and conflicts" (p 3) -' 31 I 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 lg 19 20 21 22 23 2,1 25 27 28 29 3O 31 32 33 34 35 36 37 38 40 41 43 ,15 ,16 Today we are on the threshold of trying to bring these ideals to fruition. How to do that is the question, In 1985. a Global Tomorrow Coalition report noted that. The mare problem in development 'is not the lack of technical answers, but failure for political and socio-economic reasons to put known solutions into effect soon enough and widely enough. We believe that questions of democracy, the role of markets, the debt crisis, land tenure, and international institutions are central to the deveh~pment process Recently. the U S Man in the Biosphere Program (1994: p 2) concluded that. "A sustainable South Florida envtronment is achievable only through utilizmg ecosystem management principles that recognize the inter-dependency of humans ,and their environment." Therefore. is the human environment part of or ,ndcpcndent of the natural system') The consensus appears to be that it Is the successful mtegratton of the two and that sustainability is the test of whether they are integrated in a way m which specified fundamental environmental constraints are not violated. For example: Colin Isaccs. Executive Director of the Pollution Probe Fotmdation in Toronto, Ontario, in his remarks to a session of"Environment and Economy. Pawners for the Future." a conference on the theme of sustainable development held in December 1989. stated. Sustainable development is sustainable development, not sustainable economic development, not sustainable DEVELOPMENT. but almost one word: sustainabledevelopment Jl'~ not the economy or the economics that we are trying to sustain. ~t's the environment and the economy that we are trying to sustain Sustainable development clearly means developmem in controlled quantity, enough to meet the globe's economic and env,ronmental needs and no more. Paul Hawke~. m "The Ecology of Commerce: A Declaration of Sustainability" (1993) states that "sustainability" can be defined in terms of carrying capacity of the ecosystem, and described with input-output models of energy and resource consumption. Sustainability is an economic state where the demands placed upon the enviro~xment by people and commerce can be met without reducing the capacity of the environment to provide for future generations. He goes on to note that suslainability means that services or products should not compete in the markerplace in terms of image, power, speed, packaging, etc.. but instead shou}d compete m a way that reduces consumption, energy use. d~stnbutlon costs. economt¢ conceq~tratlons, soil erosion, atmospheric pollution and other forms of environmental damage Overall. sustainability is an ethical consideration. The term. by itself, is meaningless unless it is used in the context of sustainable uses or of something that can be tdentff~ed :u~d ,neasured Numerous stales and mtmlclpahlies have 32 I 6 ? I0 tl 12 13 16 17 19 ~0 26 30 39 ~0 .15 COMMISS ION OBJECTIVES iOE · Develop a coordinated, commtmlcafing, ~nd comprehensive gcogrnphic information system (GIS).'thnt will provide for a common data pool and provide the tools necessary to implement ecosystem manaRemcnt in file South Florida ecosystem. · l~Lstnl~ish and coordinate science and research priorities for the South I'lodda ecosystem. [~ t~C. Olll Ill (.:ri al;It toil g I I:DI!I'. USDA-NRCS. local SWCDs, and the SFWMD, in coordination wnh the .qomh Florida Ecosystem Restoration Working Group. the slate un~x'cr.'~t~cs (l:h,~d;~ ('enter fm Environmental Studies), the regional planmng cotmc~ls, other agenc,es ,and local governments, should develop an interim assessment of data and information syntheses, analyses, and product needs for tile South Florida ecosystem. A decision-based process for ~dentifymg priority information needs that are fully linked to m~plemcnnat~on of ecosystem management objectives should be developed ;tool employed .,\ ct~on ,qteps By October 1995. the FDEP. the USDA-NRCS, and the SFWMD will enhst the ;~ppropnatc agencies and develop a structl,red, muhi- agency process to determine data, information, and product needs for ecosystem management of South Florida. By March 1996, the FDEP. the USDA-NRCS. anO thc SFWMD. ~v,lh ~hc, appmpriate...agenCacs._~¥.ilLeomplete a ~ructured,..mull~- '- a_eenc5' proce~,~ ti)a! determine~; data informatinn and prod. C! ... nccds for ecosystem mmlagement of South Florida 105 FDEI'. thc USDA-NCRS, and the SFWMD, in coordination with the South [:londa Ecosystem Restoration Working Group, the state universmes (Florida Center for Environmental Studies), the regional planning councils. othe~ agencies, and local governments, should develop and implement a strategy for tile interim bt, ildmg of a computer GIS network with apphcmions that provide informer,on needed by ecosystem managers. Tile Seminole Tribe and tile M~ccost, kee Tribe of Indians are invited lo share reformation they have related to their Reservations where they deem approprlalc IOE '~ MISSION STATEMENTS U~estea Mission Statements for the SWC EMA: "To protect, restore, and sustain the native ecosystems of the Southwest Coast/Big Cypress Basin for present and future generations." "To plan the protection, restoration, and sustainability of the native ecosystems of the Southwest Coast/Big Cypress Basin for present and future generations." "To promote the stewardship of the natural resources of the Southwest Coast/Big Cypress Basin." "To promote the stewardship of the natural resources of the Southwest Coast/Big Cypress Basin by participating in place-based ecosystem management projects, public policy development, scientific and technical projects, and education and outreach programs." "To achieve, in cooperation with all interested parties, the restoration, preservation, and protection of the ecosystem while promoting a sustainable Southwest Coast/Big Cypress Basin." Mission Statements of related groups: Governor's Commission for a S~South ~ Mission: "There are no other Everglades in the world" (Douglas, 1947). "Ail life in southern Florida is influenced by this vast ecosystem. It is the mission of the Governor's Commission for a Sustainable South Florida, representing diverse interests, to develop recommendations and public support for regaining a healthy Everglades ecosystem with a sustainable economy and quality communities. The Commission will recommend a 5-year action plan containing strategies, actions, and measures of success to the Governor and the South Florida community for achieving positive change that enhances the ecological, economic, and social systems upon which South Florida and its communities depend. Once implemented, these strategies will bolster the regional economy, promote quality communities, secure healthy South Florida ecosystems, and ASSURE TODAY'S PROGRESS IS NOT ACHIEVED AT TOMORROW'S EXPENSE." 10E' .., South Florida Ecosystem Restoration ~ask Force: Mission: "To achieve, in cooperation with all interested parties, the restoration, preservation, and protection of the ecosystem while promoting a sustainable South Florida." ,4 T ? ~' /-~ : C /~ //~ T 7 ,8 /< Es/d ,": CO 5 Y ~ l-Z_~/i/ ,'~IA /g/AtC-/:~'/,'~ ,.r, Ilene Barnett, DEP, Overview of USACOE PROGRAMMATIC ENVIRONMENTAL iMPACT STATENENT PROCESS: (Chip Clough) on Col. Rice on Problem 'with current way of doing business. 1- each person permit review. 2-getting info on soluti'ons on property boundary. 3-burden on applicant to show results. 4-Each one - no predictability. Incremental Decisions large area -large permitting system,(she said something about Go]den Gate Estates but could not make it out) drain lands in Golden Gate Estates also forest fires. Mentions Gordon River and Naples Bay. ~PTIONS: 1- continue permitting review. 2-initiate carrying capacity study. 3-application triggered incremental impact statement. 4-PEIS 5-Cooperative effort with the Southwest Florida Issues Group of the ~ Governors Commission on Sustainable South Florida. Provide public ~ forum and local expertise. She showed chart on Function t~f Governors Commission on Sustainable South Florida. (We cannot read it.) BEST OPTIONS; __P,Y~L~__ap.~..t. he. ~v_~n~rs.._..~ommis, sion on.. Sus~ainahl~__S.auth Fl.orida, . goals and objectives correspond very closely, Governor~ Cnmm{~nn could facilitate this process. Satisf~ Cor?s requirements to ensure consistent addressin~ corps decision and responsibility under law while directly supporting Governors Commission on Sustainability goals. Not moratorif:m on permitting. CONCLUSION; Local concerns coincide with federal interest. PEIS would provide 'and planning processes. lmmeGiate Seneflts: Issues addressed locally. 330~ East Tamlaml Trail · Naples, F1cx~ 34112-4977 (941) 774-8097 ® Fix {941) 774.3602 July 31, 1997 ~CAAP 97 Bureau of Justice Assistance Control Desk 633 Indiana Avenue, NW Washington, DC 20531 Re: Designated Officer For SCAAP application Gentlemen: Pursuant to the Bureau of Justice Assistance (BJA) SCAAPcompliance requirement, I, as the Chairman of the Collier County Board of Commissioners, approve and designate Don Hunter, Sheriff, Collier County, Florida, as the .authorized signing official" for application for FY 1997 State Criminal Alien Assistance Program (SCAAP) funding. Sincerely, · ~.%...., .,~.. , ..,... ... ~. .~ · .... : '. · ::':[ ;:.".~;~ ~ ~c~ ....!.'. :' ~. .', :.,.: :?' - ,.. . . '.. '..~'. ; ( o .~ ,~,~E$'I'.,.. .. ..... ·' * ¢ ..' . ..'...L''." .~ : ~., , . , . ,:' ~.//~. ',./..Dep,u,t~v, 128 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following ns a: XXX Normal legal Advertisement (Display Adv.. location, etc.) [] Other: ~.-tition No "' / - -' ' . (If none, give bricfde$cription): ~ Petitioner: (Name & Addre~): mi h v * ' ~ r W 0S W ' Name & Ad.person(s) to be notified by Clerk's Office: (If more Spac~ is needed, attach separate sheet) Hearth, befoT~.~~ BZA Other Requested Hearing oate~~~_~7 __ Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily New~ Other [] Legall)' R~..:iired Proposed Text: (Include legal description & common location & Size: ~ - 7- W'lli ' I ' ' ih ' ' .. . . · I wn ' Vi 4 '' ' 6 i · I h e mil h flmm kal R 846 ' n n h ' · f f -7 ' f-W in in 0 ' 48 6 I' ' i 'n 44 Companion petition(s), if any & proposed heari~te: Does Petition Fee include advertising cost? [~]~es [] No Il'Yes, what account should be charged for advertising co~: 113-138323-649110 County Manager Date Division Head List Attachments: DI TRIB TI IN TR N For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval beforo snbmiffing to Coumy Manager. Note: If legal document is Involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney hefotz submitting to County Manager. The Manager's office will dlMribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ,OR cu ux's omce V ~ D~ ~: ~/ Date of ~blic h~ng: ~ A~: ~ 12B 1 July 2, 1997 William L. Hoover, AICP Hoover Planning Shoppe 5051 Castello Drive, Suite 202 Naples, FL 34103 RE: Notice of Public Hearing to consider Petition PUD-97-5 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, July 24, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Wayne H. Sykes James M. & Allie Rebecca Smith Kenneth M. Bloom David W. Rynders 12B 1 July 2, 1997 James M. & Allie Rebecca Smith Kenneth M. Bloom Wayne H. Sykes William L. Hoover c/o David W. Rynders, P.A. 305 Wedge Drive Naples, FL 34103 RE: Notice of Public Hearing to consider Petition PUD-97--5 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, July 24, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. July 2, 1997 Kenneth M. Bloom, Co-Trustee Rubinstein, Kornik, Bloom & Minsker 801 Brickell, Suite 1100 Miami, FL 33131 RE: ~Notice of Public Hearing to consider Petition PUD-97-5 Dear Petitioner: PleaSe be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, July 24, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: William L. Hoover, AICP David W. Rynders James M. & Allie Rebecca Smith Wayne H. Sykes July 2, 1997 James M. & Allie Rebecca Smith 3320 Golden Gate Blvd. West Naples, FL 34117 RE: Notice of Public Hearing to consider Petition PUD-97-5 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, July 24, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: William L. Hoover, AICP David W. Rynders Kenneth M. Bloom Wayne H. Sykes July 2, 1997 Wayne H. Sykes, C.P.A., Co-Trustee Putnam, Sykes & Company, L.L.P. P. O. Box 18526 Greensboro, NC 27419 RE: Notice of Public Hearing to consider Petition PUD-97-5 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board ?~ County C~mmissioners on Tuesday, August 5, 1997 as indicated on une enc±ose~ notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, July 24, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: William L. Hoover, AICP David W. Rynders James M. & Allie Rebecca Smith Kenneth M. Bloom .12B 1 July 2, 1997 William L. Hoover David W. Rynders 398 Ashbury Way Naples, FL 34110 RE: Notice of Public Hearing to consider Petition PUD-97-5 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Thursday, July 24, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti0 Deputy Clerk Encl. cc: Wayne H. Sykes James M. & Allie Rebecca Smith Kenneth M. Bloom (~ "Ja~.s cov'g~) (941) 774-8408 1'71 ~-:3~ 2~:,~e ~°~';'~--I I 1"~I e~-3el 15:~ I 1~ ~-81 15:24 176 I ~-~1 t~:~ I~'e2'~6 I I lW I ~-ell 16:51 I ~'4? I I ~1 ~-etl t6:52 I 1~ ~-02 10:~ ~01'31 let i ~-e21 14:31 I ~e2'~ I I ~ I ~-e21 ts:~ I ~'~ I I ~e31 ~-e21 15:48 1~ I ~-~J 16:14 J ~03'46 1~ ~ ~:23 ~'~ 9332435? 9141~t48158~1 9~1 ?6'7 8853 94199"~3'93 926,34~ 92~o,34~ 9417?461 941'7'746179 941 261 6747' 941261"~3 ST~-~ 9~86~ 9~86~ 926J~8~ 9181~-~ TOTRL ffi=SS ~11 ~14 ~12 July 2, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition PUD-97-5 Dear. Judy: Please advertise the above referenced notice one time on Thursday, July 24, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY AUGU~T.~, 19~7 in the Boardroom, 3rd Floor, Administrati~-~ Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8630S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ZURICH LAKE VILLAS FOR 294 CONDOMINIUMS AT A DENSITY OF 6.63 UNITS/PER ACRE FOR PROPERTY LOCATED APPROXIMATELY THREE-QUARTERS MiLE SOUTH OF IM~4OKALEE ROAD (C.R. 846), ADJACENT TO ~ ON THE EAST SIDE OF THE EASTERN BOUNDARY OF THE 1-75 RIGHT-OF- WAY, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, CONSISTING OF 44.36 ACRES, MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-97-5, William L. Hoover, AICP, of Hoover Planning Shoppe, representing Smiths, Sykes/Bloom, Rynders/Hoover, requesting a rezone from 'A" to "PUD" for a Planned Unit Development known as Zurich Lake Villas, at a density of 6.63 units/per acre for property described above. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) 1ZB ORDINANCE NO. 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8630S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ZURICH LAKE VILLAS FOR 294 CONDOMINIUMS AT A DENSITY OF 6.63 UNITS/PER ACRE FOR PROPERTY LOCATED APPROXIMATELY THREE-QUARTERS MILE SOUTH OF IMMOKALEE ROAD (C.R. 846), ADJACENT TO AND ON THE EAST SIDE OF THE EASTERN BOUNDARY OF THE 1-75 RIGHT-OF-WAY, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 44.36 ACRES, MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP,. of Hoover Planning Shoppe, representing Smiths, Sykes/Bloom, Rynders/Hoover, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the Zurich Lake Villas PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8630S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: ~ This Ordinance shall become effective upon filing With the Department of State. 12B I PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY L. HANCOCK, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~ MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY PUD- 97-5 ORDINANC£/ ZURICH LAKE VILLAS PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: JAMES M. & ALLIE REBECCA SMITH 3320 GOLDEN GATE BLVD. W~EST NAPLES, FLORIDA 34117 KENNETH M. BLOOM, CO-TRUSTEF RUBINSTEIN, KORNIK, BLOOM & MINSI~ER 801 BRICKELL, SUITE 1100 MIAMI, FLORIDA 33131 WAYNE H. SYKES, C.P.A., CO-TRUSTEE PUTNAM, SYKES & COMPANY, L.L.P. P.O. BOX 18526 GREENSBORO, NORTH CAROLINA 27419 WILLIAM L. HOOVER & DAVID W. RYNDERS 398 ASHBURY WAY NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE 5051 CASTELLO DRIVE, SUITE 220 NAPLES, FL 34103 DATE FILED _ April 3, 1997 DATE REVISED . June 18, 1997 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPT, ION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS i ii 1 3 6 9 15 EXHIBIT 'A" EXHIBIT 'B" EXHIBIT 'C' EXHIBIT EXHIBIT 'E" EXHIBIT "F' 12B ! LIST OF EXHIBITS PUD MASTER PLAN PUD WATER MANAGEMENT PLAN DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF PROJECT ENTRY SIGN DEPICTION OF PROJECT ENTRY SIGN STATEMENT OF COMPLIANCE The development of approximately 44.36+ acres of property in Collier County, as a Planned Unit D~velopment to be known as Zurich Lake Villas PUD will be in compliance with the plannin~j goals and objectives of Collier County as set forth in the Collier County Growth Managemer~t PI~. The residential facilities of the Zurich Lake Villas PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Urban R6sidential Mixed Use District Land Use Designation as identitTed on the Future Land Use Map. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. o The project is located within the Residential Density Band around the Interstate 75 - Immokalee Road (C,R. 846) Activity Center, as described within the Density Rating System of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sectior~s of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1,5 of the Drainage Sub-Element of the Public Facilities Element. The projected density of 6.63 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Activity Center Density Band Maximum Permitted Density 4 dwelling units/acre .+3 dwellinq units/acm_ 7 dwelling units/acre la~ 1 All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 1.1 1.2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the' location and ownership of the property, and to descdbe the existing conditions of the property proposed to be developed under the project name of Zurich Lake Villas PUD. ,LEGAL DESCRIPTION The subject property being 44.36+ acres, and located in Section 30, Township 48 South, and Range 26 East, is described as: That portion of the E 1/2 of the SW 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, lying East of Parcel 129 (I-75 right-of-way) as described in O.R. Book 986, Pages 1271 - 1273, of the Public Records of Collier County, Flodda. (Parce~ 1) The W 1/2 of the W 1/2 of the SE 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Parcel 2) The E 1/2 of the W 1/2 of the SE 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Flodda. (Parcel 3) The E 1/2 of the SE 1/4 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Flodda. (Parcel 4) 1.3 .PROPERTY OWNERSHIP The subject property is owned by: (Parcel 1) James M & Allie Rebecca Smith 3320 Golden Gate Boulevard West Naples, Florida 34117 (Parcel 2) William L. Hoover & David W. Rynders 398 Ashbury Way Naples, Florida 34110 (Parcels 3 and 4) Kenneth M. Bloom, Co-Trustee Rubinstein, Kornik, Bloom & Minsker 800 Brickell Avenue, Suite 1100 Miami, Florida 33131 ]2B (Parcels 3 and 4) Wayne H. Sykes, C.P.A., Co-Trustee Putnam, Sykes & Company, L.L.P. P.O. Box 18526 Greensboro, North Carolina 27419 1.4 GENERAL DESCRIPTION OF PR PERTY AR 1.5 Ao The subject property is located 3/4 mile south of Immokalee Road, adjacent to and east of the Interstate 75 right-of-way (unincorporated Collier County), Florida. The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. PHYSICAL DESCRIPTI N The project site is located within the 1-75 Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the existing canal along the eastern property line. Natural ground elevation is approximately 12.3 to 14.3 NGVD The entire site is located within FEMA Flood Zone 'X' with no base flood elevation specified. The water management system for the project proposes the construction of a perimeter berm with crest elevation set at the 25-year, 3-day flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge to the existing canal, located along the eastern PUD boundary. Utilization of the wetlands for attenuation of the design storm improvements is included as part of the design. Flooding of the wetland preserve areas will ensure an improved hydroperiod. 1 2B i Per Collier County Soil Legend, dated January 1990, there are 3 types of soil found within the limits of the property: #11 - Hallandale Fine Sand #14 - Pineda Fine Sand, Limestone Substratum #2.1 - Boca Fine ,Sand The site vegetation consists mainly of Pine flatwoods and Cypress/Cabbage Palm wetlands. The site has been moderately invaded by exotics (i.e. Melaleuca and Brazilian Pepper). The Zurich Lake Villas PUD is a project composed of a maximum of 294 residential units. These residential units are projected to be developed as: villas, coach homes, or carriage homes. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. This Ordinance shall be known and cited as the "Zurich Lake Villas Planned Unit Development Ordinance". 2.1 2.2 SECTION II 12B ! PROJECT DEVELOPMENT REQUIREMENTS The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of 'the tracts included in the project, as well as other project relationships. Ao Regulations for development of the Zurich Lake Villas PUD shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the ~ County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards then the provisions of the rno~ sim~3ar district in the Land Development Code shall apply. Unless otherwise noted, the defin;tions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and graphic matedal presented depicting restrictions for the development of the Zurich Lake Villas PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 12B i 2.3 DE CRIPTION F PR JECT DENSITY OR INTEN ITY F LAND SE A maximum of 294 dwelling units shall be constructed in the residential areas of the project. The gross project area is 44.36+ acres. The gross project density shall be a maximum of 6.63 units per acre. 2.4 RELATED PR E TP NAP R V R IR M NT Ao The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 pdor to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 2.6 .,PROVISION FOR OFF-SITE REMQVAL OF EARTHEN MATI~RIAI The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a 'Development Excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code, .2B whereby off-site removal shall be limited to 10% of the total vohJme excavated but not to exceed 20,000 cubic yards. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 3.1 3.2 3.3 SECTION !11 RESIDENTIAL AREAS PLAN PURPOSE[ The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 294 units. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Struct~Jre~: 1. Two-family dwellings (includes duplexes). 2. Multi-family dwellings (includes villas, coach homes, carriage homes, townhouses and garden apartments). 3. Single-family dwellings. B. Permitted Accessory Use~ and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's' playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 1.2B l o Essential services, including interim and permanent utility and maintenance facilities. o Water management facilities, including within the Native Habitat Preserve Area. Recreational facilities, such as boardwalks, walking paths and picnic areas, within the Natural Habitat Preserve Areas, after the appropriate environmental review. Supplemental landscape planting, sc. reening and buffedng within the Natural Habitat Preserve Areas, after the appropriate environmental review. Any other accessory use deemed compatible by the Development Services Director. 3.4 DEVELOPMENT STANDARD~ Ao Table I sets forth the development standards for land uses within the Zurich Lake Villas. Front yard setbacks in Table I shall be mea.;ured as follows: If the parcel is served by a public or private fight-of-way, setback is measured from the adjacent fight-of-way line. If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private ddve, setback is measured from the road easement or property line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement. 10 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS Minimum Lot Area (per unit) Minimum Lot Width 10,000 Sq. Ft. 5,000 Sq. Ft. 80' Interior Lots* 50' Interior Lots' 95' Corner Lots 60' Comer Lo,ts Front Yard Setback 25' 20' Side Yard Setback 7.5' 0' & 10' or both 5' Rear Yard Setback: Principal Structure 20' 20' Accessory Structure 10' 10' PUD Boundary Set- (See below)'* (See below)** back Lake Setback 20' 20' Natural Habitat Pre- serve Area Setback 25' 25' Distance Between 15' 10' Principal Structures Maximum Height: Principal Building 35' and 2 stodes 35' and 2 stodes Accessory Building 20'/Clubhouse 25' 20'/Clubhouse 25' Minimum FloorArea 1600 Sq. Ft. 1250 Sq. Ft. Minimum carport or 2 car garage garage per unit *May be reduced on cul-de-sac lots. **South PUD Boundary (Parcels 2 - 4) = 40' West PUD Boundary (Parcels 1 - 2) = 40' North PUD Boundary (Parcels I - 2) = 25' North PUD Boundary (Parcels 3 - 4) = 40' East PUD Boundary (Parcel 4) = 150' I car garage 4,000 Sq. Ft. 100' 20' Tract Boundary 20' Tract Boundary 20' Tract Boundary 10' Tract Boundary (See below)** 20' 25' Greater of 20' or 1/2 sum of the heights 35' and 2 stories 20'iClubhouse 25' 1 bedroom = 900 Sq. Ft./2 Bedroom = 1250 Sq. Ft./3 Bed- room = 1400 Sq. Ft. I car carport space or 1 car garage 12B 1 ..Off-Street Parkinc~ and LoadinQ Requirements; As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. O~)en Space/Natural Habita[ Preserve Area Requirements: A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site. A minimum of twenty-five (25) per~..ent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the Land Development Code. Each site development plan submitted to Collier County shall demonstrate compliance with the sixty (60) per cent open space and twenty-five (25) percent natural habitat preserve area minimum requirements. Landscapinc~ end B~ffednq Requirements; A berm, berm/wall, or berm/fence combination, shall be provided by the developer adjacent to the Interstate 75 Right.of-Way, no later than the time that parcels I and 2 are developed. Such berm, berm/wall, or berm/fence combination shall have a height between three and one-half (3.5) and nine (9) feet above the elevation of the nearest northbound travel lane of Interstate 75. Any wall or fence may have occasionally openings to provide glimpses of the project from Interstate 75 and shall not exceed more than eight (8) feet in height of the berm, berm/wall, or berm/fence combination. The Development Services Director may administratively permit a slope steeper than 4:1 along PUD perimeter berms, where such slope will still meet sound engineering and landscaping principles. If landscape buffers are determined to be necessary adjacent to preserve areas, they shall be separate from preserve areas. Where two separate multi-family projects within the PUD abut each other, buffering and screening between them shall not be necessary, due to the unified architectural theme throughout the 12 Eo Fo entire PUD, as described within Section 3.4E. of this PUD Document. Where a single-family project within the PUD abuts a multi-family project within the PUD, a ten (10) foot buffer shall be provided between them, with trees provided at twenty-five (25) feet on center and a single hedge also provided within such buffer. Such trees and shrubs shall meet the standards for plantings, as described within Section 2.4.4 Plant material standards and installation standards, of the Land Development Code. A minimum of thirty-three (33) percent more trees than normally required for multi-family developments, as described in Section 2.4.6.2 of the Land Development Code, shall be provided within pervious areas (landscaped areas exclusive of buffers and parking lot landscaping). Architectural Standard~ All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. Exclusive of single-family detached homes, all buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. Within multi- family portions of the project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single-family portions of the project, all roofs shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline). All pole lighting, internal to the project, shall be: architectural- designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits 'C' or #D#. Si.qns Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, except as described in the following instances. Up to two (2) ground or wall signs shall be permitted at the main entrance to the PUD and located within the intedor of the PUD. 13 Up to two (2) ground or wall signs shall be permitted at the main entrance to the PUD and located within the interior of the PUD. Such sign(s) shall contain only the name of the entire 44.36+-acre PUD project, names of individual communities within the PUD project, and insignia or mottos of the development. Such ground or wall sign(s) shall be similar architecturally to one of the signs shown in Exhibits "E" or 'F" and architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, and shall not exceed the height or length of the wall .upon which it is located. A ground sign shall be permitted along the western PUD boundary. Such sign shall contain only the name of the entire 44.36±-acre PUD project and shall be architecturally compatible with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document). Exclusive of landscaping, such ground sign shall not exceed an area of twenty-four (24) square feet. 14 SECTION IV DEVELOPMENT COMMITMENTS 12B 1 4.1 4.2 The purpose of this Section is to set forth the commitments for the development of this project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 4.3 _PUD MASTER PLAN Ao Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be vaded at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4 E F V L P T N IN P RT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one (1) or two (2) phases. Ao The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. ~ An annual monitoring report sha, be submitted pursuant to Section 2.7.3.6 of the Collier Cout3ty Land Development Code. 4.5 ~ This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. 4.6 WATER MANAGEMENT 4.7 Ao A copy of the South Florida Water Management District (SFWMD) Surface Water Permit application shall be sent to Collier County Development Services with the SDP submittal. Bo A copy of the SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. An Excavation Permit will be required for the proposed lake in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. L~ke setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. Ao Water distribution, sewage collection and transmission and intedm water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier ]5 4.8 4.9 County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. TRAFFIC The developer shall be responsible for extending 18th Avenue NW to the project site, including a bridge across the canal that is located just east of the site. The developer shall also be responsible for a left-turn lane and a right-turn lane along Oakes Boulevard for traffic turning west onto 18th Avenue NW. All turn lane improvements committed to by the petitioner shall be in place prior to the issuance of any Certificates of Occupancy for the project. In addition, if, in the sole opinion of the County, the petitioner's construction traffic is shown to cause a safety or operational problem at the intersection of 18th Avenue NW and Oakes Boulevard, the County may require said turn lanes to be installed in advance of the petitioner's scheduled construction for the project. The applicant shall be responsible for the installation of artedal level street lighting at the project entrance. Such lighting shall be constructed so as to shield adjacent residential uses from glare and direct light spill. In addition, street lighting levels at the intersection of 18th Avenue NW ana Oakes Boulevard shall be augmented by the petitioner so as to be consistent with arterial standards. Such lighting improvements shall be in place pdor to the issuance of any Certificates of Occupancy for the project. The project may be required to proceed in phases beyond 1999 if the Level of Services (LOS) of any roadway within the Radius of Development Impact (RDI) falls below the minimum standard set forth in the Growth Management Plan. The petitioner may, however, provide additional capacity, such as additional turn lanes at intersections or traffic signals, if warranted, in advance of when the County would otherwise have programmed any such improvement. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 17 4,10 12B 1 Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on-site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental staff for review and approval pdor to Final Site Plan/Construction Plan approval. Ail conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buff.~rs shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservaticn areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.05 of the Florida Statutes. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. 18 EXHIBIT "A" t !2B 1 'I LAKE VILLAS PUD tiiiii EXHIBIT "C" DEPICTION OF AKCttlTECTURALLY DESIGNED POLE LIGHTING EXHIBIT DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTFNG DEPICTION OF PROJECT ENTRY SIGN EXHIBIT "F" DEPICTION OF PROJECT ENTRY SIGN NepLea Datty Hera I, BOARD OF COUNTY COflMZSSTC~iERS ATTN: NANCY SA/OGUB PO BOX &13016 KAPLES FL 34101-3016 REFERENCE: CX31230 70(X)12 57~3847X) NOTZCE OF INTENT TO State of FLorida County of CoLLier Before the undera~gnedmuthorJty, ippearld B. L Jib, ~ho on oeth ieya that aa the Aiailt~t Cor~rate Secretary of tn ColLler ~ty, Ftort~: t~t ~ c~ of t~ ~ertilt~ ~1 ~[t1~ tn ATLAS ~ I~JM~R 143~: IY CottieP County/ FLorida, a~d that the ~etd nevlplper hal heretofore been c~ttnuouiLy ~Lts~ tn Mid CoLtte? C~ty, FLorIM, day I~ ~1 ~ ~ter~ II lec~ CLIll iii ; AP~OXI~TELY~THREE.qU~ ~tter It t~ ~lt offtce tn ~[el, tn CottJee ~ty, FlorJ~, for a ~rJ~ of 1 next prec~i~ t~ fJrit ~LicetJm of furt~r ~s t~t ehe ~m ~tt~r ~td ~r r . ~"~ prmt~ ~ ~r~, lira or ~ratt~ Per~tLy ~ ~ Nt ,/ . -- *' 7'"' ' "~'.'" ORDINANCE NO. 97- 34 128 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8630S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ZURICH LAKE VILLAS FOR 221 CONDOMINIUMS AT A DENSITY OF 5 UNITS/PER ACRE FOR PROPERTY LOCATED APPROXIMATELY THREE-QUARTERS MILE SOUTH OF IMMOKALEE ROAD (C.R. 846), ADJACENT TO AND ON THE EAST SIDE OF THE EASTERN BOUNDARY OF THE 1-75 RIGHT-OF-WAY, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 44.36 ACRES, MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning Shoppe, representing Smiths, Sykes/Bloom, Rynders/Hoover, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from '~A" Agriculture to "PUD" Planned Unit Development in accordance with the Zurich Lake Villas PUD Document, attached hereto as Exhibit "A" and incorporated kY reference herein. The Official Zoning Atlas Map Number 8630S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. 12B 1 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ , day of '"~'~'-' '~7", , 1997. / .'ATTEST' . - -:;,.::',/~, ,..' . .' ..; .. ~. .,. ~'' . . , ,., ~ ,,-' 'APPROVED AS ~O FORM AND LEGAL SUFFICIENCY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L/h~NCOCK'; ~7%IRMAN -- MARJO~IE M. STUDENT ASSISTANT COUNTY ATTORNEY PUD-97-5 ORDINANCE/ ZURICH LAKE VILLAS PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: JAMES M. & ALLIE REBECCA SMITH 3320 GOLDEN GATE BLVD. WEST NAPLES, FLORIDA 34117 KENNETH M. BLOOM, CO-TRUSTEE RUBINSTEIN, KORNIK, BLOOM & MINSKER 80t BRICKELL, SUITE 1100 MIAMI, FLORIDA 33131 WAYNE H. SYKES, C.P.A., CO-TRUSTEE PUTNAM, SYKES & COMPANY, L.L.P. P.O. BOX 18526 GREENSBORO, NORTH CAROLINA 27419 WILLIAM L. HOOVER & DAVID W. RYNDERS 398 ASHBURY WAY NAPLES, FLORIDA 34110 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE 5051 CASTELLO DRIVE, SUITE 220 NAPLES, FL 34103 DATE FILED _.~ DATE REVISED ~ DATE REVIEWED BY CCPC ~ DATE APPROVED BY BCC ~ ORDINANCE NUMBER 97-34 " 12B TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS i ii 1 3 6 9 15 LIST OF EXHIBITS EXHIBIT "A' EXHIBIT "B' EXHIBIT 'C' EXHIBIT 'D" EXHIBIT 'E" EXHIBIT 'F' PUD MASTER PLAN PUD WATER MANAGEMENT PLAN DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING DEPICTION OF PROJECT ENTRY SIGN DEPICTION OF PROJECT ENTRY SIGN 12B 1 STATEMENT OF COMPLIANCE The development of approximately 44.36+ acres of property in Collier County, as a Planned Unit Development to be known as Zurich Lake Villas PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Zurich Lake Villas PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: Re The subject property is within the Urban Residential Mixed Use District Land Use Designation as identified on the Future Land Use Map. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project is located within the Residential Density Band around the Interstate 75 - Immokalee Road (C.R. 846) Activity Center, as described within the Density Rating System of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The projected density of 5.00 dwelling units per acre is in compliance with the Futura Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Activity Center Density Band Maximum Permitted Density 4 dwelling units/acre 7 dwelling units/acra 1 All final local development orders for this project are subject to Division 3.15, Ad~uate Public Facilities, of the Collier County Land Development Code. 1 1.1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Zurich Lake Villas PUD. The subject property being 44.36+ acres, and located in Section 30, Township 48 South, and Range 26 East, is described as: That portion of the E 1/2 of the SW 114 of the SE 114 of Section 30, Township 48 South, Range 26 East, lying East of Parcel 129 (I-75 right-of-way) as described in O.R. Book 986, Pages 1271 - 1273, of the Public Records of Collier County, Florida. (Parcel 1) The W 1/2 of the W 1/2 of the SE 114 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Parcel 2) The E 1/2 of the W 1/2 of the SE 1/4 of the SE 114 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Parcel 3) The E 112 of the SE 114 of the SE 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Parcel 4) 1.3 P N The subject property is owned by: (Parcel 1) James M & .Nlie Rebecca Smith 3320 Golden Gate Boulevard West Naples, Florida 34117 .2B 1_' (Parcel 2) William L. Hoover & David W. Rynders 398 Ashbury Way Naples, Flodda 34110 (Parcels 3 and 4) Kenneth M. Bloom, Co-Trustee Rubinstein, Komik, Bloom & Minsker 800 Brickell Avenue, Suite 1100 Miami, Florida 33131 (Parcels 3 and 4) Wayne H. Sykes, C.P.A., Co-Trustee Putnam, Sykes & Company, LLP. P.O. Box 18526 Greensboro, North Carolina 27419 1.5 ko The subject property is located 314 mile south of Immokalee Road, adjacent to and east of the Interstate 75 right-of-way (unincorporated Collier County), Florida. The entire project site currently has Agricultural Zoning and is proposed to be mzoned to PUD. The project site is located within the 1-75 Canal Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the existing canal along the eastern property line. Natural ground elevation is approximately 12.3 to 14.3 NGVD The entire site is located within FEMA Flood Zone 'X' with no base flood elevation specified. The water management system for the project profx)ees the construct~m of a perimeter berm with crest elevation set at the 25-yeer, 3-day flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge to the existing canal, located along the eastern PUD boundary. Utilization of the wetlands for attenuation of the design storm improvements is included as part of the design. Flooding of the wetland preserve areas will ensure an improved hydropedod. Per Collier County Soil Legend, dated January 1990, there are 3 types of so~l found within the limits of the property: #11 - Hallandale Fine Sand #14 - Pineda Fine Sand, Limestone Substratum #21 - Boca Fine Sand The site vegetation consists mainly of Pine flatwoods and Cypress/Cabbage Palm wetlands. The site has been moderately invaded by exotics (i.e. Melaleuca and Brazilian Pepper). 1.6 pROJECT DESCRIPTION The Zurich Lake Villas PUD is a project composed of a maximum of 222 residential units. These residential units are projected to be developed as: villas, coach homes, or carriage homes. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 ~H(~RT TITLE This Ordinance shall be known and cited as the "Zurich Lake Villas Planned Unit Development Ordinance". 12B 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. Regulations for development of the Zurich Lake Villas PUD shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of the Zurich Lake Villas PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Eo Unless specit~.ally waived through any variance or wek'er provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Lend Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 IP I F ITY I I F N A maximum of 222 dwelling units shall be constructed in the residential areas of the project. The gross project area is 44.36+ acres. The gross project density shall be a maximum of 5.00 units per acre. 2.4 R T R PLA PP VA NT Ao The general configuration of the land uses are illustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Flodda. Bo The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 pdor to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 M D NIT AND A E A I IT 2.6 In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. PR Vl I F R F - VA T N T RIA The excavation of earthen matedal and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, ? whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. The maximum number of residential dwelling units within the PUD shall be 222 units. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Two-family dwellings (includes duplexes). 2. Multi-family dwellings (includes villas, coach homes, carriage homes, townhouses and garden apartments). 3. Single-family dwellings. B. i · 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's' playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales bailers, and model units. 4. Gatehouse. Essential services, including interim and permanent utility and maintenance facilities. Water management facilities, including within the Natural Habitat Preserve Area. Recreational facilities, such as boardwalks, walking paths and picnic areas, within the Natural Habitat Preserve Areas, after the appropriate environmental review. Supplemental landscape planting, screening and buffedng within the Natural Habitat Preserve Areas, after the appropriate environmental review. Any other accessory use deemed compatible by the Development Services Director. 3.4 T D Table I sets forth the development standards for land uses within the Zurich Lake Villas. Front yard setbacks in Table I shall be measured as follows: If the parcel is served by a public or pdvate right-of-way, setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted pdvate drive, setback is measured from the road easement or property line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement. 10 12B 1_ I TABLE I Minimum Lot Area (par unit) Minimum Lot Width Front Yard Setback Side Yard Setback Rear Yard Setback: Principal Structure Accessory Structure PUD Boundary Set- back Lake Setback Natural Habitat Pre- serve Area Setback Distance Between Principal Structures Maximum Height: Principal Building Accessory Building Minimum Floor Area RESIDENTIAL DEVELOPMENT STANDARDS 10,000 Sq. Ft. 80' Intedor Lots* 95' Comer Lots 25' 7'.5' 20' 10' (See below)** 20' 25' 15' 35' and 2 stodes 20'/Clubhouee 25' 1600 Sq. Ft. Minimum carport or 2 car garage garage per unit *May be reduced on cul-de-sac lots. "South PUD Boundary (Parcels 2 - 4) = 40' Wast PUD Boundary (Parcels 1 - 2) = 40' North PUD Boundary (Parcels 1 - 2) = 25' North PUD Boundary (Parcels 3 - 4) = 40' East PUD Boundary (Parcel 4) = 150' 5,000 Sq. Ft. 50' Interior Lots* 60' Comer Lots 20' 0' & 10' or both 5' 20' 10' (See below)- 20' 25' 10' 35' and 2 stories 20'lClubhouse 25' 1250 Sq. Ft. 4,000 Sq. Ft. 100' 20' Tract Boundary 20' Tract Boundary 20' Tract Boundary 10' Tract Boundary (See below)- 20' 1 car garage 25' Greater of 20' or 1/2 sum of the heights 35' and 2 stories 20'/Clubhouse 25' 1 bedroom = 900 Sq. Ft./2 Bedroom = 1250 Sq. Ft./3 Beck mom = 1400 Sq. Ft. I car carport space or 1 car garage II 12B Off-Street Parkino and Loadina Re~3uirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Ooen Soace/Natural Habitat Preserve Area Reouirements; A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site. A minimum of twenty-five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the Land Development Code. Each site development plan submitted to Collier County shall demonstrate that development of the PUD is in compliance with the sixty (60) per cent open space and twenty-five (25) percent natural habitat preserve area minimum requirements. Landscapin.(] and BuffednQ Reauirements: A berm, berm/rock, berm/wall, or berm/fence combinatinn, shall be provided by the developer adjacent to the Interstate 75 Right-of- Way, no later than the time that parcels 1 and 2 are developed. Such berm, berm/rock, berm/wall, or berm/fence combination shall have a height between three and one-half (3.5) and seven (7) feet above the elevation of the nearest northbound travel lane of Interstate 75. Such buffer may have occasional openings to provide glimpses of the project from Interstate 75. In order to maximize secudty and minimize impacts on existing trees, fences or walls may compose up to eight (8) feet in height of any berm/wall or berm/fence combination. In order to minimize impacts on existing trees, the required ten (10) foot wide level planting area in front of the berm, as described in Section 2.4.4.1.8.1 of the Land Development Code, can be reduced to five (5) feet in width or become part of a front slope at 3:1 where such berm or berm combination is five (5) feet or less in height and such berm is adjacent to wetland preserve areas or natural habitat preserve areas. 12B 1 If landscape buffers are determined to be necessary adjacent to preserve areas, they shall be separate from preserve areas. Where two separate multi-family projects within the PUD abut each other, buffering and screening between them shall not be necessary, due to the unified architectural theme throughout the entire PUD, as described within Section 3.4E. of this PUD Document. Where a single-family project within the PUD abuts a multi-family project within the PUD, a single ten (10) foot buffer shell be provided between them, with trees provided at twenty-five (25) feet on center and a single five (5) foot high hedge row also provided within such buffer. Such trees and shrubs shall meet the standards for plantings, as described within Section 2.4.4 Plant material standards and installation standards, of the Land Development Code. A minimum of thirty-three (33) percent more trees than normally required for multi-family developments, as described in Section 2.4.6.2 of the Land Development Code, shall be provided within pervious areas (landscaped areas exclusive of buffers and parking lot landscaping). Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. Exclusive of single-family detached homes, all buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. Within multi- family portions of the project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single-family portions of the project, all roofs shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline). All pole lighting, internal to the project, shall be: architectural- designed, limited to a height of thirty (30) feet, and similar architecturally to one of the lighting fixtures shown on Exhibits 'C' or Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, except as described in the following instances. Up to two (2) ground or wall signs shall be permitted at the main entrance to the PUD and located within the interior of the PUD. Such sign(s) shall contain only the name of the entire 44.36+-acre PUD project, names of individual communities within the PUD project, and insignia or mottos of the development. Such ground or wall sign(s) shall be similar architecturally to one of the signs shown in Exhibits 'E' or 'F" and architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Said ground or wall sign(s) shall not exceed a combined area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it is located. A ground sign shall be permitted along the western PUD boundary. Such sign shall contain only the name of the entire 44.36:L--acre PUD project and shall be architecturally compatible with the unified architectural theme of the PUD (as described in Section 3.4E. of this PUD Document). Exclusive of landscaping, such ground sign shall not exceed an area of twenty-four (24) square feet. 14 1 2B SECTION IV DEVELOPMENT COMMITMENTS 4,1 4.2 The purpose of this Section is to set forth the commitments for the development of this project. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments ou'dined in this document. The developer, his successor or assignee, shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the Property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 4.3 Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 12B 1 4.4 4.7 4.5 F A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one (1) or two (2) phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. ~ An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. Bo This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development app~oval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. 4.6 Co A copy of the South Flodda Water Management District (SFVVNID) Surface Water Permit application shall be sent to Collier County Development Services with the SDP submittal. A copy of the SFWMD Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. An Excavation Permit will be required for the proposed lake in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. Do Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier 1 4.9 4.8 County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. Bo Except on an intedm basis, for structures such as sales trailers and models, the project shall be required to hook-up to and utilize public water and sewer facilities. The developer shall be rasponsible for extending 18th Avenue NW to the project site, including a bridge across the canal that is located just east of the site, prior to the issuance of any Certificates of Occupancy for the project. The developer shall also be responsible for a left-turn lane and a right-turn lane along Oakes Boulevard for traffic turning west onto 18th Avenue NW. B. All turn lane improvements committed to by the petitioner shall be in place prior to the issuance of any Certificates of Occupancy for the project. In addition, if, in the sole opinion of the County, the petitioner's construction traffic is shown to cause a safety or operational problem at the intersection of 18th Avenue NW and Oakes Boulevard, the County may requira said turn lanes to be installed in advance of the petitioner's scheduled construction for the project. C. The applicant shall be responsible for the installation of arterial level street lighting at the project entrance. Such lighting shall be constructed so as to shield adjacent residential uses from glare and direct light spill. In addition, street lighting levels at the intersection of 18th Avenue NW and Oakes Boulevard shall be augmented by the petitioner so as to be consistent with arterial standards. Such lighting improvements shall be in place prior to the issuance of any Certificates of Occupancy for the project. D. The project may be required to proceed in phases beyond 1999 if the Level of Services (LOS) of any roadway within the Radius of Development Impact (RDI) falls below the minimum standard set forth in the Growth Management Plan. The petitioner may, however, provide additional capacity, such as additional turn lanes at intersections or traffic signals, if wan'anted, in advance of when the C~nty would otherwise have programmed any such improvement. Ao Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a 17 .o 4.10 historic or archaeological artifact is found, all development within th® minimum area necessary to p~'otect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Environmental permitting shall be in accordance with the State of Flodda Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Flodda Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on-site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. Co All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers ara not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for 18 · ' · 12B 1.. review and approval prior to Final Site Development Plan/Construction Plan approval. 19 ' IIII III IIIII .......... . 12B 1 EXHIBFI' DEPICTION OF ARCllrI'ECTURALLY DESIGNED POLE I,IGttTING EXHIBIT DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING 12B EXI-IlFIIT "1"." DEPICTION OF PROJf'~CT I£N'FRY SIGN I';XItliilT "F" DEPICI'ION OF PROJECT ENTRY SIGN 12B 12B 1 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true cody of: ORDINANCE NO. 97-34 Which was adoDted by the Board of County Commaissioners on the 5th day of August, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commnissioners of Collier County, Florida, this 8th day of Auqust, 1997. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normld legal Advertisement I--I Other: (Display Adv., location, etc.) 12C 1 Originating Dept/Day: Public Works Person: Rick Grigg Date: July 1 I, ! 997 Petition No. (If none, give brief description): AV 97-008 Petitioner: ('Name & Address): Quail West, Ltd, 6289 Burnham Rd., Naples, FL 34102 Name & Add'ess of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See attached. Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing). August 05, 1997 Newspaper(s) to be used: (Complete only if important): X Naples Daily News [] Other X Legally Required Proposed Text: (Include legal description & corfu'non location & Si,e: PETITION AV 97-008 TO VACATE A 6' WIDE DRAINAGE EASEMENT ALONG THE NORTHEAST PROPERTY LINE OF LOT 32 AND TO VACATE THE CONTIGUOUS 6' WIDE DRA/NAGE EASEMENT ALONG THE SOUTHWEST PROPERTY LINE OF LOT 33. "QUAIL WEST UNIT ONE, ILEPLA'r" ACCORDING TO THE PLAT THEREOF AS RECORDED 1N PLAT BOOK 21, PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS aP COLLIER COUNTY. FLORIDA. AND TO ACCEPT AS A REPLACEMENT EASEMENT A 1 $' WIDE DRAINAGE EASEMENT THROUGH A PORTION OF SAID LOT 32. Companion petition(s), if any & proposed hearing date: Does Petition Fcc include advertising cost? X Yes I-I No If Yes, what account should be charged for advertising costs: 101-163610-649100 Reviewed by: Approved by: Division Head Date List Ar~achrnents: Resolution and petition. County Manager Date For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be ~ure that any necessary legal revlesv, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: X County Manager agenda file X Requesting Division X Original Clerk's Office B. Other hearings: Initiating Division head to approve and subn~t original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONL~. ~ ~/~L. Date Received: ~ Date of Public hear/ng: Date Advenised: 12C 1 774-8406 210 I i~7--15{ 16:31 211 { ~-16{ 12:B4 214 July 16, 1997 Ms.~Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition AV-97-008 Dear Judi: Please advertise the above referenced notice two times, one time on Monday, July 21, 1997, and one time on Monday, July 28, 1997 and send the Affidavit of Publication, in duDlicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700897 120 1 NOTICE OF PUBLIC HEARING Not~ce is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, AUGUST 5, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AV-97-008, Terry Cole, P.E., Hole, Montes & Associates, Inc., as agent for the owners, Neil & Jeanne Braverman and Quail West, Ltd., requesting to vacate a 6' wide drainage easement along the northeast property line of Lot 32 and to vacate the contiguous 6' wide drainage easement along the southwest property line of Lot 33, "Quail West Unit One, Replat" according to the plat thereof of as recorded in Plat Book 21, Pages 84 through 106 of the public records of Collier County, Florida, and to accept as a replacement easement a 15' wide drainage easement through a portion of said Lot 32. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) July 15, 1997 Neil K. & Jeanne D. Braverman 4156 Brynwood Drive Naples, FL 34119 Re: Notice of Public Hearing to consider a Petition AV-97-008 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, July 21, 1997 and Monday, July 28, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Quail West, Ltd. W. Terry Cole 12C 1 July 16, 1997 Nell K. & Jeanne D. Braverman 4156 Brynwood Drive Naples, FL 34119 Re: Notice of Public Hearing to consider Petition AV-97-008 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, July 21 1997 and Monday, July 28, 1997. ' You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Quail West, Ltd. W. Terry Cole SDK of Naples, Inc. 12C 1 July 16, 1997 SDK Of Naples, Inc. 33 W. Monroe Street Suite 2000 Chicago, Illinois 60603 Re: Notice of Public Hearing to consider Petition AV-97-008 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, July 21, 1997 and Monday, July 28, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Quail West, Ltd. W. Terry Cole Neil K. & Jeanne D. Braverman July 16, 1997 W. Terry Cole, P.E. Hole, Montes & Associates, Inc. 715 10th Street South Naples, FL 34102 Re: Notice of Public Hearing to consider Petition AV-97-008 Dear Petitioner: Please be advised that the above referenced petition will be considered by t~e Board of County Co~issioners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, July 21, 1997 and Monday, July 28, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Quail West, Ltd. Neil K. & Jeanne D. Braverman SDK of Naples, Inc. 12C 1 July 16, 1997 Quail West, Ltd. 6289 Burnham Road Naples, FL 34102 Re: Notice of Public Hearing to consider Petition AV-97-008 Dear Petitioner: Please be advised that the above referenced petition will bc considered by the Board of County Commissioners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Monday, July 21, 1997 and Monday, July 28, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: W. Terry Cole Neil K. & Jeanne D. Braverman SDK of Naples, Inc. July 15, 1997 Re: Notice of Public Hearing re Petition AV-97-008 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 5, 1997, as indicated on the enclosed notice. The legal notice pertaining to the petition will be published in the Naples Daily News on Monday, July 21 1997 and Monday, July 28, 1997. ' If you have any questions regarding this petition, please contact Mr. Russ Muller (941) 774-8494. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Sue Barbiretti, Deputy Clerk Encl. sb Lots 32 ~T~CI~I~ B & 33 12C 2. d. List of abutting and other property owners within 250t of the proposed vacation. MEMORANDUM Date: May 22, 1997 To: Mark Tolson From: Linda Chapman Re: Lot 32 and Lot 33 Per your request, following is a list of abutting and other property owners within 250 feet of the porposed vacation: Lot Folio # Owner 29 68975005884 28 68975005868 27 68975005842 26 68975005826 Quail West, Ltd. 6289 Burnham Road Naples, FL 34119 Quail West, Ltd. 6289 Burnham Road Naples, FL 34119 Edward & Beverly Harwell 14510 Jonathan Harbor DHve Ft. Myers, FL 33908 Quail West, Ltd. 6289 Burnham Road Naples, FL 34119 34 68975005981 Golf Course 68975004209 D.F.B. Development, Inc. 3110 Fish Hatchery Road Allentown, PA 18103 Quail West Foundation 5950 Burnham Road Naples, FL 34119 12C 1 RESOLUTION NO. 97-~ RESOLUTION FOR PETITION AV 97-00g TO VACATE A 6' WIDE DRAINAGE EASEMENT ALONG TIlE NORTIIEAST PROPERTY LINE OF LOT 32 AND TO VACATE THE CONTIGUOUS 6' WIDE DRAINAGE EASEMENT ALONG THE SOLrTHWEST PROPERTY LINE OF LOT 33," QUAIL WEST UNIT ONE, REPLAT' ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGES 84 TI{ROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT AS A REPLACEMENT EASEMENT A 15' WIDE DRAINAGE EASEMENT THROUGII A PORTION OF SAID LOT 32. WI1EREAS, pursuant to Section 177.101. Florida Statutes, Terry Cole, P.E., Hole - Montes & Associates, Inc., as agent for the owners, Nell & Jeanne Braverman and Quail West. Ltd. does hereby request the vacation of a 6' wide drainage easement along the northeast property line or Lot 32 and to vacate the contiguous 6' wide drainage easement along Ibc southwest property line of Lot 33 "QUAIL WEST UNIT ONE, REPLAT" according to the plal thereof aa recorded in Plat Book 21, Pagea 84 through 106 of the public records of Collier County, Florida. WIIEREAS, the Board has this day held a pt,bite headnB to consider vacating said easement as more ~lly described below, and notice of'said public hearing to vacate was given as required by law; and WlIKREAS. the granting of. the vacation will not adversely affect the ownership or right of.convenient access of.other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that the f.ollov, ing be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein BE IT FURTHER RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the drainage easement, more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as the replacement easement For the drainage easement vacated herein. BE IT FURTHER RESOLVED. that the Clerk is hereby directed Io record a certified copy of this Resolution in the Public Records of. Collier Coumy, Florida, and to make proper notations of.this vacation on the recorded plat of' "Quail West Unit One. Rtl)Iai" a~ referenced above. This resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney By: Timothy L. tlancock, Chairman Preserving and enhancing FloP, da'$ qual~ of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS Pt.ANNERS SURVEYORS HMA PROJECT # 8724X REF. DWG B-2070 MAY 29, 1997 DESCRIPTION OF DRAINAGE EASEMENT VACATION A PARCEL OF LAND LOCATED IN A PORTION OF LOT 32 AND 33 OF QUAIL WEST UNIT ONE, REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWESTERLY CORNER OF LOT :33, OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 00'42"32', SUBTENDED BY A CHORD OF 6.00 FEET AT A BEARING OF N. :37°11'45- E., FOR A DISTANCE OF 6.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52°26'58- E. FOR A DISTANCE OF 200.01 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT :3:3 AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'57'05" W. A DISTANCE OF 685.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 685...0..0 FEET, THROUGH A CENTRAL ANGLE OF 01'00'13', SUBTENDED BY A CHORD OF 12.00 FEET AT A BEARING OF S. :37':3:3'01' W., FOR A DISTANCE OF 12.00 FEET TO THE END OF SAID CURVE; THENCE RUN N. 52°26'58- W. FOR A DISTANCE OF 200.01 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 51°44'26' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 00°42"32', SUBTENDED BY A CHORD OF 6.00 FEET AT A BEARING OF N. :37'54'18' E., FOR A DISTANCE OF 6.00 FEET TO THE END OF SAID CURVE AND THE O GINNIN ; CONTAINING 0.0551 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY LINE OF LOT :3:3, QUAIL WEST UNIT ONE, REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 52°26'58- E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB f/1772 B P.L.S. ft4175 STATE OF FLORIDA 10~50 AIBERNATHy STREET BONITA SPRINGS FLORIOA 34135 941,g97-071~ FAX Z ~ Tln~lamj TI'aU No~h ~utm ~00 12C I (Lots 32/33, Quail West) G1 THIS EASEMENT, granted this _9_97, between QUAIL ~EBT, LTD. a Fl'~or~- ~,- ....... ' FLORIDA, its successors and assigns, as G~EE. -- W I TNES S ET~: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOL~S and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for 'F.~e purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. 6~ANTOR and GRANTEE are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: QUAIL WESTv LTD., a Florida limited partnership, By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation, as authorized agent Naples, Florida 34119 By ~DRA'HESSE, V cePresident: NapIes, Florida 34119 W o . 62~ Burnham Roaa Naples, Florida 34119 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before day of ~, 1997 by SANDRA HESSE, as Vice President of RSH OF NAPLES, INC., a Florida corporation, as authorized agent of QUAIL WEST, LTD., a Florida limited partnership, who is personally known to me. My Commission Expires: (pr~namet~elow) Notary Pub Serial # (if any) -2- Approved as to rom t legal sufflcSenc~ Presen~ng and enl~ndng FIoP,~'s qu~llfy of llfe since HOLE, MONTES & ASSOCIATES, INC. ENGINEERS P1.ANNERS SURVEYORS EXItIBIT "A' HMA PROJECT # 87.24X REF. DWG. B-2071 MAY 29, 1997 DESCRIPTION OF A DRAINAGE EASEMENT A PARCEL OF LAND LOCATED IN A PORTION OF LOTS 32 AND 33 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWESTERLY CORNER OF LOT 33 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58" W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 01°23'41", SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S. 38'14'53' W., ~OR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE I F INNI OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 26'54'58' W, FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'20' E. FOR A DISTANCE OF 59.87 FEET; THENCE RUN S. 52'27'06' E. FOR A DISTANCE OF 0.93 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 33 AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'57'05' W. A DISTANCE OF 685,00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CU~ TO THE RIGHT, HAVING A RADIUS OF 685,00 FEET, THROUGH A CENTRAL ANGLE OF 01'00'13", SUBTENDED BY A CHORD OF 12.00 FEET AT A BEARING OF S, 37'33'01" W,, FOR A DISTANCE OF 12.00 FEET TO THE END OF SAID CURVE; THENCE RUN $. 52'26'58" E, FOR A DISTANCE OF 11,06 FEET; THENCE RUN N. 41°19~4" E, FOR A DISTANCE OF 4.51 FEET; THENCE RUN S. 48'40'39" E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49'20" W. FOR A DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58" W. FOR A DISTANCE OF 203.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N, 44'26'58" W, A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BYRNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485,00 FEET, THROUGH A CENTRAL ANGLE OF 06'36'19", SUBTENDED BY A CHORD OF 55.88 FEET AT A BEARING OF N. 42'14'53"E,, FOR A DISTANCE OF 55.91 FEET TO THE END OF SAID CURVE AND THE ~ ~ CONTAINING 0.0919 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD, BEARINGS REFER TO THE SOUTHERLY LINE OF LOT 33, QUAIL WEST UNIT ONE, REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 52°26'58' E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY . ' P.L.S. #4175 ~ STATE OF FLORIDA 10550 ABERNATH¥ STR--'~T BONITA SPRING'~ FLO,~IIOA 34 t35 941.992~795 FAX 941.992.232." ~ Tmsl~d Tr~i No~ (Lots 32/33, Quail West) of "Mortgagee"), in favor of the BOARD OF COUNTY CO~MISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DI~rRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. W I TN E S SETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from QUAIL WEST, LTD. now held by ROYAL BANK OF CANADA, recorded June 6, 1991, in Official Records Book 1622, Page 95, of the Public Records of Collier County, Florida; and that certain Financing Statement recorded June 6, 1991, in Official Record Book 1622, Page 169, of the Public Records of Collier County, Florida. WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of storm~aterdrainage facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, Join in end subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, Join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any ~nterest of the County in any stormwater W1\1~2816. drainags facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered MORTGAGEE: in the presence of: (Corporate Seal) ROYAL BANK OF ~A, a Canadian chartered bank Below: T. W. McCabe~ as Manager, with full power and authority to bind Mortgagee Financial Square, 23rd Floor New York, NY 10005-3531 STATE OF NEW YORK COUNTY OF NEW YORK fThe f.~regoing instrument was acknowledged before me thisRo~__~yAL day o .~c~ , 1997, by T.W. McCabe, as Manager of BJ~NXOF~A, a Canadian chartered hank, who is pereonallyknown to me. My Commission Expires: CARMEN BRUZON Notary Pubhc, Slate of New Yodt No 41.4979240 Oullif,ed m Queens Coun~ AA C~m~iflion Expsrea March 2~ 1 ~ Serial # (if any) (SEAL) Page 2 ~(API~122816. Presen4ng and en~anc~ Rori~a's ~ o~ li~ stnc~ I966 HMA PROJECT # 87.24X .oc~. UONT~S & ASSOCiATeS. INC. REF. DWG. B-2071 E~,~S PC~.N~.S SunVEYOnS MAY29,1997 DESCRIPTION OF A DRAINAGE EASEMENT A PARCEL OF LAND LOCATED IN A PORTION OF LOTS 32 AND 33 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWESTERLY CORNER OF LOT 33 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 01°23'41', SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S. 38'14'53' W., FOR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE ~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 26'54'58' W. FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58' E. FORA DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'20' E. FOR A DISTANCE OF 59.87 FEET; THENCE RUN S. 52°27'06- E. FOR A DISTANCE OF 0.93 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 33 AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE[:tADIUS POINT BEARS N. 52*57'05' W. A DISTANCE OF 685.00 FEET -" THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CU.~VE TO THE RIGHT, HAVING A RADIUS OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 01'00'13', SUBTENDED BY A CHORD OF 12.00 FEET AT A BEARING OF S. 37'33'01' W., FOR A DISTANCE OF 12.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 11.06 FEET; THENCE RUN N. 41'19~4' E. FOR A DISTANCE OF 4.51 FEET; THENCE RUN S. 48'40"39' E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49~0' W. FOR A DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58' W. PORA DISTANCE OF 203.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 44'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY. ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BYRNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 06'36'19", SUBTENDED BY A CHORD OF 55.88 FEET AT A BEARING OF N. 42'14'53'E., FOR A DISTANCE OF 55.91 FEET TO THE END OF SAID CURVE AND THE ~ BEGINNING CONTAINING 0.0919 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY LINE OF LOT 33, QUAIL WEST UNIT ONE, REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 52°26'58- E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 ~ STEPHEN A. SEiDLER STATE OF FLORIDA 10550 ABERNATHY STREET 6OfUtTA SPRING.e,. r~.Ofl'~,A 34 !35 94t-992-0795 FAX 941-992-2327 Add~es~ o~ Subject propo~y:_ ~p coder~. f~m~ dens~Y "~ (~r) DaCe Sandr~ Hesse ~~le~l ~"~ petition, end del~var or ~all tot ' T~anspcrta2/om Telephone: (g41) X~ a~plican~ ia a lan~ ~rus2, Indicate the . sto~holdirs* i l~ed partno~hi~ .C3) X~ app~ic~n~ '__.~ ~ l~icate the ~ama ) LlJ~ all o~hac o~e~s- (~) SDX o[ Naples, Inc. - as sole 6eneral partner ~ W. M~nroe S~ree2 suite 2000 Chica~o, IL ~0~0~ + ~.S62.cJ~39e11 RESOLUTION NO. 97- 3!,2 12Cl RESOLUTION FOR PETITION AV 9%008 TO VACATE A 6' WIDE DRAINAGE EASEMENT ALONG THE NORTHEAST PROPERTY LINE OF LOT 32 AND TO VACATE THE CONTIGUOUS 6' WIDE DRAINAGE EASEMENT ALONG THE SO--ST PROPERTY LINE OF LOT 33," QUAIL WEST UNIT ONE, REPLAT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT AS A REPLACEMENT EASEMENT A 15' WIDE DRAINAGE EASEMENT THROUGH A PORTION OF SMD LOT 32. WHEREAS, pursuant to Section 177.101, Florida Statutes, Terry Cole, P.E., Hole - Montes & Associates, Inc., as agent for the owners, Nell & Jeanne Braverman and Quail West, Ltd. does hereby request the vacation of a 6' wide drainage easement along the northeast property line of Lot 32 and to vacate the contiguous 6' wide drainage easement along the southwest property line of Lot 33 "QUAIL WEST UNIT ONE, REPLAT" according to the plat thereof as recorded in Plat Book 21, Pages 84 through 106 of the public records of Collier County, Florida. WHEREAS, the Board has this day held a public hearing to consider vacating said easement as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the drainage easement, more pafliculady described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as the replacement easement for the drainage easement vacated herein. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to record a certified copy of this Resolution in the Public Records of Collier County, Florida, and to make proper notations of this vacation on the recorded plat of "Quail West Unit One, Replat" as referenced above. This resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST:., Y"o.'. DWIGHT,'E. BRDCK, Clerk .'-.. '~App[6vedas'to form and 'legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Timothy L. Hancock, Chairman Heidi F. Ashton Assistant County Attorney 2214798 OR: 2338 PG: 058 IICODID l! OFFICIAL IICOID$ Of COLLIII C~I~, ~% BIC ~ 51.11 COHll 11.# m' ;240 OR' 2338 PG: 0585 ' F",4~,c. / o,,= Z HOLE., MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SU~YO~S HMA PROJECT # 87~4X REF. DWG B-2070 MAY 29, 1997 DESCRIPTION OF DRAINAGE EASEMENT VACATION A PARCEL OF LAND LOCATED IN A PORTION OF LOT 32 ANO 33 OF QUAIL WEST UNIT ONE, REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ AT THE SOUTHWESTERLY CORNER OF LOT 33, OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52°28'58" W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 00°42"32'. SUBTENDED BY A CHORD OF 6.00 FEET AT A BEARING OF N. 37'11'45' E., FOR ^ DISTANCE OF 6.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52°26'58' E. FOR A DISTANCE OF 200.01 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 33 AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'57'05' W. A DISTANCE OF 685.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 01°00'13', SUBTENDED BY A CHORD OF 12.00 FEET AT A BEARING OF S. 37°33'01' W., FOR A DISTANCE OF 12.00 FEET TO THE END OF SAID CURVE; THENCE RUN N. 52'26'58" W. FOR A DISTANCE OF 200.01 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND A POINT ON A CIRCULAR CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 51"44'26' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 00°4Z$2'. SUBTENDED BY A CHORD OF 6.00 FEET AT A BEARING OF N. 37'54'18' E., FOR A DISTANCE OF 6.00 FEET TO THE END OF SAID CURVE AND THE P_~.~_~;~~; CONTAINING 0.0551 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY LINE OF LOT 33, QUAIL WEST UNIT ONE, REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 52'26'58' E. HOLE. MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY~ P.L.S. ~4175 STATE OF FLORIDA OR: 2338 PG: 0587 ~ Tanl~nl Troll (Lots 32/33, ~uail Hast) THIS EASEMENT, granted this ~_~_day of ~, 1997, between OUXIL NTBST, LTD., a Florida lfmite~par~~s GRANTOR, to the BOARD OF COUNT~ COMXISSION~R~ OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. W I T N E S S E TH: That the GRANTOR, for and in consideration of the su~ of TEN ($10.00) DOLLARS and other good and valuable consideration paid by ~)e GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon end to install end maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A# which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities .thereon. GRANTOR and GI~J~NTEE are used for singular or plural, as the context rec/uires. W1\122785. OR: 2338 PG: 0588 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. QUAIL W~ST, LTD., a Florida limitsd partnership, By: (Corporate Seal) ~SH OF NAPLES, INC., a Florida corporation, as authorized agent Siqned, sealed and delivered in our presence: By ~ Pr-~dent · · 6289.,~urnham Road ~ ~ . ~/ '_ F ~ _ NapIes, Florida 34119 6289 Bttrn~am Roaa' Naples, Florida 34119 W am Naples, Florida 34119 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this~ day of ~, 1997 by SANDRA HESSE, as Vice President of RSH OF NAPLES, INC., a Florida corporation, as authorized agent of QUAIL NEST, LTD., a Florida limited partnership, who is personally known to me. My Commission Expires: Notary Pub c Serial # (if any) -2- Approved as to for~ & legal sufficiency OR: 2338 ?S: 0589 Prosen4ng and enhancing Florida's qualt~y ol life s~nce ~966 HOLE, MONTES & ASSOCIATES. INC. HMA PROJECT # 87.24X £N~NEE.S ~^~.EnS SU.VEYO~S REF. DWG. B-2071 AUGUST,. 12 C 1 REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF LOT 32 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58" W. A DISTANCE OF 485,00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 01'23'41', SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S. 38'14'52' W., FOR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE ~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S, 26'54'58' W. FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58" E. FOR A DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'19' E. FOR A DISTANCE OF 53.73 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 32; THENCE RUN S. 52'26'58' E., ALONG THE WESTERLY BOUNDARY OF SAID LOT 32, FOR A DISTANCE OF 2.26 FEET TO THE NORTHEAST CORNER OF SAID LOT 32, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58' W. A DISTANCE OF 685.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 00'30'07', SUBTENDED BY A CHORD OF 6.00 FEET AT A BEARING OF S. 37'48'05' W., FOR A DISTANCE OF 6.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 11.06 FEET; THENCE RUN N. 41'19'26' E. FOR A DISTANCE OF 4.51 FEET; THENCE RUN S. 48'40'34" E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49'19' W. FOR A DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58" W. FOR A DISTANCE OF 203.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 44'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485,00 FEET. THROUGH A CENTRAL ANGLE OF 06'36'19', SUBTENDED BY A CHORD OF 55.~8 FEET AT A BEARING OF N. 42'14'52'E.. FOR A DISTANCE OF 55,91 FEET TO THE END OF SAID CURVE AND THE ~, CONTAINING 0.0919 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY LINE OF LOT 32, QUAIL WEST UNIT ONE, REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AS BEING S. 52'26'58" E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB 1772 THOMAS M. MURPRY r- STATE OF FLORIDA OR: 2338 PG: 0590 1201,~ ~ Tamiaml T-ail North Sui~ ~0 OR: 2338 PG: 0591 (Lots 32/33, Quail West) THIS)%UBORDINATION, CONSENT ANDJOINDERgiven thi~ of ..'- ~ , 1997, by and between ROYAL BANK OF CANADA, a Canadian chartered bank, (hereinaft~r referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLTERCOUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIOTHEGOVERNINGBOARDOFTHECOLLIERCOUNTY~TER- SEWER DISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. W I TNES SETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from QUAIL WEST, LTD. now held by ROYAL BANK OF CANADA, recorded June 6, 1991, in Official Records Book 1622, Page 95, of the Public Records of Collier County, Florida; and that certain Financing Statement recorded June 6, 1991, in Official Record Book 1622, Page 169, of ~he Public Records of Collier County, Florida. WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of stormwaterdrainage facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, Join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, Join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any stormwater QBNN)1\l?.2,S16. OR: 2338 PG: 0592 drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stormwater drainage facilities located therein or affixed thereto, said Mortgage shall remain otherwise in fuji force and effect. I~ ~ITNESS~]iEREOF, the Mortgagee has caused these presents to b~ executed the date and year first above ~ritten. Signed, sealed and delivered MORTGAGEE: in the presence of: (Corporate Seal) ROYAL BANK OF CANADA, a Canadian chartered bank Manager, with full power and authority to bind Mortgagee Financial Square, 23rd Floor New York, NY 10005-3531 STATE OF NEW YORK COUNTY OF NEW YORK f!~regoing instrument was acknowledged before me this~___~ The day of__~~ , 1997, by T.W. McCabe, as Manager of ROYAL BANK OF CANADA, a Canadian chartered bank, who is personally known to me. My Commission Expires: CARMEN EIRUZON Nolary Pubhc. $la~e o~ New York No 41.4979240 Oualified m Queens CounW I'H3 C,~tmission Exp,re$ March 25. 1 ~ (Prrint- na~j~, be~,)' Serial # (if any) (SEAL) Page 2 OR: 2338 PG: 0593 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS REF, DWG. B-2071 AUGUST4.,997 12. DESCRIPTION OF A DRAINAGE EASEMENT A PARCEL OF LAND LOCATED IN A PORTION OF LOT 32 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF LOT 32 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58" W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 01°23'41', SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S, 38'14'52' W., FOR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE POINT OF ~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 26'54'58' W. FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'19' E. FOR A DISTANCE OF 53.73 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 32; THENCE RUN S. 52'26'58' E., ALONG THE WESTERLY BOUNDARY OF SAID LOT 32, FOR A DISTANCE OF 2.26 FEET TO THE NORTHEAST CORNER OF SAID LOT 32, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52°26'58- W. A DISTANCE OF 685.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 00'30'07", SUBTENDED BY A CHORD OF 6.00 FEET AT A BEARING OF S. 37'48'05" W., FOR A DISTANCE OF 6.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52'26'58" E. FOR A DISTANCE OF 11.06 FEET; THENCE RUN N. 41'19'26" E. FOR A DISTANCE OF 4.51 FEET; THENCE RUN S. 48°40'34- E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49'19' W, FOR A DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58" W. FOR A DISTANCE OF 203.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 44'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THEHCE RUN NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 06'36'19', SUBTENDED BY A CHORD OF 55.88 FEET AT A BEARING OF N. 42°14'52'E., FOR A DISTANCE OF 55.91 FEET TO THE END OF SAID CURVE AND THE POINT OF INNING, CONTAINING 0.0919 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY LINE OF LOT 32. QUAIL WEST UNIT ONE, REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. AS BEING S. 52'26'58' E. HOLE~MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB 1772 BY~A~..~ P.S.M. ,5628 STATE OF FLORIDA 105%O A~IER~.,~AT~-*¥ STREET fIONIrA R~'~41N[i':. ~-t ORIDA .3413,% 941.902 O;'05 I~Ax ,),ll ~.)2.23."? 221 799 OR: 2338 PG: 0595 UCO~DID ia OIq~IClU, ILtC0DI 0( ~lll ~, ~ lille/It I~ 01:lt~ J~ I. I~, ~K IITHOHICS ltl nc rll ll.S IIOC..7o .? CoHII 12C (Lots 32/33, Quail West) THI.S EASEMENT, granted this ~0~ day of ~,.. ~.9.7_,_?c.weeg. QUaT'-west, LTD., a ~da iimit~; ~,m-i-u~, Co cne BOaltD 0~' COUNTY COMM,TBBZONZaB ~, ~c~r. Krwv ,,~,, FLORID O~ ............ · A, its successors and assigns, as GRANTEE. W I T N E S S E T H: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRAHTOR and GRANTEE are used for singular or plural, as the context requires. QgNA~1\122785. OR: 2338 PG: 0596 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in our presence: Naples, Florida 34119 QUAXL WEST, LTD., a Florida. limited partnership, (Corporate Seal) · : ~SH OF ,APUES, ZHC.:, 'a ~lo~ida corporation, as authorized Pr--~dent Naples, Florida 34119 W O Naples, Florida 34119 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of ~, 1997 by SANDRA HESSE, as Vice President of RSH OF NAPLES, INC., a Florida corporation, aa authorized agent of QUAIL NEST, LTD., a Florida limited partnership, who is personally known to me. My Commission Expires: Serial # (if any) Approved as to for= t legal s~flclencl -2- OR: 2338 PG: 0597 HMA PROJECT # 87~4X HOLE, MONTES&ASSOCIATES, INC. REF. DWG. B-2071 ENGINEERS P%ANNERS SURVEYORS AUGUST4,1997 DESCRIPTION OF A DRAINAGE EASEMENT A PARCEL OF LAND LOCATED IN A PORTION OF LOT 32 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF LOT 32 OF QUAIL WEST UNIT ONE. REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTI-NVESTERLY, WHOSE RADIUS POINT BEARS N. 52-26'58" W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNVVOOD DRIVE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 01'23'41', SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S. 38'14'52' W., FOR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE POINT OF ~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 26'54'58' W. FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'19' E. FOR A DISTANCE OF 53.73 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 32; THENCE RUN S. 52'26'58' E., ALONG THE WESTERLY BOUNDARY OF SAID LOT 32, FOR A DISTANCE OF 2.26 FEET TO THE NORTHEAST CORNER OF SAID LOT :32, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58' W. A DISTANCE OF 685.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 00'30'07', SUBTENDED BY A CHORD OF 6.00 FEET AT A BEARING OF S. 37'48'05' W., FOR A DISTANCE OF 6.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 11.06 FEET; THENCE RUN N. 41'19'26' E. FOR A DISTANCE OF 4.51 FEET; THENCE RUN S. 48'40'34' E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49'19' W. FOR A DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58' W. FOR A DISTANCE OF 203.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNVVOOD DRIVE AND A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 44'26'58" W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 06'36'19', SUBTENDED BY A CHORD OF 55.88 FEET AT A BEARING OF N. 42'14'52'E., FOR A DISTANCE OF 55.91 FEET TO THE END OF SAID CURVE AND THE P INT F I I , CONTAINING 0.0919 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY LINE OF LOT 32, QUAIL WEST UNIT ONE, REPLAT AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S. 52'26'58' E. HOLE, I~)IONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB 1772 By ~~~.~~~ P.S.M. #5628 THOMAS M. MURPHY ~' - STATE OF FLORIDA 105.50 ABIEFINATHY STRI:~? EI(~%IITA ctp~--~ F'LORIOA 34135 94 !-(3'92-0795 FAX 941.992.2327 OR: 2338 PG: 0598 2214800 OR: 2338 PG: 0599 (Lots 32/33, Quail West) THIS SUBORDINATION, CONSENT AND JOINDERgiven this ~*~ day of ~~, 1997, by and between ROYAL BANK OF CANADA, acanad~anchartered bank, (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY CO~MISSIO~ OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COL~TE~CO~gTY, AND AS EX-OFFICIOTHEGOVERNINGBOARDOFTHECOLLIERCO~I~ZNATE~- SEWER DISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. W I T N E S S E T H: WHEREAS, Mortgagee ts the owner and holder of that certain Mortgage from QUAIL WEST, LTD. now held by ROYAL BANK OF CANADA, recorded June 6, 1991, in Official Records Book 1622, Page 95, of the Public Records of Collier County, Florida; and that certain Financing Statement recorded June 6, 1991, in Official Record Book 1622, Page 169, of the Public Records of Collier County, Florida. WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of stormwaterdrainage facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, Join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, Join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any stor~water oel~p1\12281&. OR: 2338 ,DG: 0600 . drainage facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any stor~waterdrainage facilities located therein or affixed thereto, said Mortgage shall remain 121 otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered MORTGAGEE: in the presence of: (Corporate Seal) ROYAL BANKOFCAN~JIA, a Canadian chartered bank Print Na~e/Address Print Name/Address Below: Below: Manager, with full power and authority to bind Mortgagee Financial Square, 23rd Floor New York, NY 10005-3531 STATE OF NEW YORK COUNTY OF NEW YORK / d _The f.~regoing instrument was acknowledged before ay o£__~j_~_______., 1997, by T.W. McCabe, as Manager of ~BANXOFCAHADA, a Canadian chartered bank, who is personally CO My Commission Expires: CARMEN BRUZON Notary Pubhc, Slate o' New Yo~k No 41.4979240 Qualified m Queens Counly ft(~ CMm~i~lion E~iril March 26. 1 ~ (Pr~/nt na~ beIow~ Notary Public -- Serial # (if any) (SEAL) Page 2 ~ilMP1\1~816. OR: 2338 PG: 0601 and eni~n~ing FIo~k~'s qualify of life slnc~ 19~ HOLF., MONTES · ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS HMA PROJECT at 67.24X REF. DWG. B-2071 AUGUST 4, 1997 DESCRIPTION OF A DRAINAGE EASEMENT A PARCEL OF LAND LOCATED IN A PORTION OF LOT 32 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF LOT 32 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 10~ OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 01'23'41', SUBTENDED BY A CHORD OF 11.81 FEET AT A BEARING OF S. 38°14'5Z' W., FOR A DISTANCE OF 11.81 FEET TO THE END OF SAID CURVE AND THE ~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 26'54'58' W. FOR A DISTANCE OF 41.41 FEET; THENCE RUN S. 52'26'58' E. FOR A DISTANCE OF 178.83 FEET; THENCE RUN N. 49'49'19' E. FOR A DISTANCE OF 53.73 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 32; THENCE RUN S. 52'26'58" E., ALONG THE WESTERLY BOUNDARY OF SAID LOT 32, FOR A DISTANCE OF 2.28 FEET TO THE NORTHEAST CORNER OF SAID LOT 32, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 52'26'58' W. A DISTANCE OF 685.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 685.00 FEET, THROUGH A CENTRAL ANGLE OF 00'30'07', SUBTENDED BY A CHORD OF 6.00 FEET AT A BEARING OF S. 37'48'05' W,, FOR A DISTANCE OF 6.00 FEET TO THE END OF SAID CURVE; THENCE RUN S. 52°26'58- E. FOR A DISTANCE OF 11.06 FEET; THENCE RUN N. 41'19'26' E. FOR A DISTANCE OF 4.51 FEET; THENCE RUN S. 48'40'34" E. FOR A DISTANCE OF 1.42 FEET; THENCE RUN S. 49'49'19' W. FOR A DISTANCE OF 67.45 FEET; THENCE RUN N. 52'26'58' W. FOR A DISTANCE OF 203.13 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N. 44'26'58' W. A DISTANCE OF 485.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF BRYNWOOD DRIVE AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 06'36'19', SUBTENDED BY A CHORD OF 55.88 FEET AT A BEARING OF N. 42'14'52'E., FOR A DISTANCE OF 55.91 FEET TO THE END OF SAID CURVE AND THE I F , CONTAINING 0.0919 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY LINE OF LOT 32, QUAIL WEST UNIT ONE, REPLAT AS RECOI~pED IN PLAT BOOK 21 AT PAGES 84 TH.R,O,U.~.H, 106 OF THE PUBLIC RECORDS OF C,O,I~I~IER'COUNTY~ FLOR DA, AS BE NG S. 52 26 58 E. HOLE, MONT[[S &~A$SO~IATES, INC. CERTIFICATE OF AUTHO{tI~ATION 1.8 1772 THOMAS M.~MURI::~Y ~ . STATE OF FLORIDA tO5.50 ABI:RhlATH¥ $]REE ~ R()t~ltA SPlR~N(~S, FLOIRI~)A 341~.% 94 ! r,~92 O795 FAX 941 .q92.2'3~? 2338 PG: 0602 ,t~ 1201 120 2 To: CtErk to the Boater: Collier C~x~cy., Ftorid~ FOR LEGAL ADV~RTlSI#G OF I~IJ~LIC I(EARINGS Z----"7 O~her: *** (D~sp(~ AG~., location, etc.) ' (SI~ any ~rs~(s) :: ~ ~ift~ ~ C~erk's Office: I~fore: ~ ~ ~ IZA ~ Other er t~itty r~ir~ ~) ~ Othe~ Text: Cl~t~ t~t ~{pcl~ & c~ t~ti~ & size):~p~ill;ON ~ ~ ~0~ ~ ~-1~ ~ ~Y ~ ~ O~OP~ ~ ~ A ~ ~ DE~ ~ON ~ ~ ~ ~ ~ PeC~tf~ ffl I~t~ ~sJ~ C~t? T~ ~ No ~ If ~, ~lt ~c~ shard ~ chare~ ~-~,~ co.c,, ~3-~3~2-~00 Att~ts:(1) C2) -. (3). glSTRIB~ INST~T~~ beeries ~f~ ~ ~ ~: Inltliti~ ~m to c~tete ~ c~ ~ ~taln Dlvlslm fle~ ~ r ~ ~ f r o.,. /4 (942.} 774-8406 1~ ~ 10:~ ~'~ ~1~214~ ~ 3 ~1: 1~ ~-03 14:~ 1~ ~ 16:12 ~BI'~ 9~ · 2 ~1~ 1~ ~-~ 16: 1~ ~2'~ 191 ~-~ ~9:19 1~ ~-~ ~:21 ~'~1'51 914~7~44915 ~ 3 ~1' 193 ~ 15:16 ~2'~ 9~4~ ~ ~ ~1' 1~ ~ 15:21 ~81'5~ ~~ ~ ~ ~11 1~ ~ ~: 2J July 8, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition CCSL-97-1A Dear Judi: Please advertise the above referenced notice one time on Sunday, July 20, 1997, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 12C 2 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, AUGUST 5, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CCSL-97-1A, Brett D. Moore, P.E., of Humiston and Moore Engineers, representing the Pelican Bay Foundation, Inc., requesting a variance from the Coastal Construction Setback Line to allow construction of a handicapped beach access ramp, boardwalk and beach stairs, infilling open areas with decking, roof covering over decking, restaurant expansion and addition of new decks, located at the Pelican Bay North Beach Facility, Pelican Bay Planned Unit Development, in Section 5, Township 49 South, Range 25 East, Collier County, Florida. (Companion to Petition CCSL-97-1B). All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) July 8, 1997 Pelican Bay Foundation, Inc. c/o Humiston & Moore Engineers 10641 Airport Road, Suite 29 Naples, FL 34109 RE: Notice of Public Hearing to consider Petition CCSL-97-1A Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 20, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. RESOLUTION NO.97-_..._ PETITION APPROVING WITH CONDITIONS PETITION CCSL-97-1A, REQUESTING A VARIANCE FROM THE COASTAl. CONSTRUCTION SETBACK LINE TO ALLOW CONSTRUCTION OF A HANDICAPPED BEACH ACCESS RAMP, BOARDWALK AND BEACH STAIRS, IN- FILLING OPEN AREAS WITH DECKING, ROOF COVERINGS OVER DECKING, RESTAURANT EXPANSION AND ADDITION OF NEW DECKS, LOCATED AT THE PELICAN BAY NORTH BEACH FACILITY, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. WHEREAS, Brett O. Moore, PE, of Humlston and Moore Engineers, representing the Pelican Bay Foundation, Inc,, requests a variance from the Coastal Construction Setback Line (CCSL) as required by Collier County Ordinance No. 91-102 Division 3.13, as amended to allow construction of a handicapped beach access ramp, boardwalk and beach stairs, in-filling open areas with decking, roof coverings over decking, restaurant expansion and addition of new decks (See Exhibit B): and WHEREAS, Ihe subject property is located at the Pelican Bay North Beach Facility, Pelican Bay Planned Unit Development; and WHEREAS, the proposed structure will extend up to approximately one hundred Ihirty (130+) feet seaward of the adopted CCSL for the proposed handicap ramp, boardwalk and stairs, and between five (5) feet and eighty five (85+) feet seaward of the adopted CCSL for new decking and construction over existing decking; and WHEREAS, the petition is consistent with the Collier County Land Development Code Division 3.13, as amended; and WHEREAS, Ihe p.etition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL- 97-1A be approved, subject to the following conditions: 1. ' All proposed improvements shall be designed In accordance with the slandards of the Florida Department of Environmental Protection (FDEP) Division of Beachee and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. 2. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesling zone, defined by Collier County Lend Development Code Division 3.10. between May I - October 31, sea turtle nesling season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 120 2 3. Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward ot' the CCSL and shall egaln contact Staff wtthln one week following completion of work seaward of the CCSL, 4, Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be In compliance with Division 3,10 of the Collier County Land Development Code, 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. 6. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e, fore-dune or back dune), The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Cun'ent Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. In addition to re.vegelafing the devoid areas of the dune, lhis plan shall Include mitigation for areas of vegetation removed Io construct decking and ramps. 7. Petitioner shall install appropriate signs In the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. 8. Petitioner shall submit a Gopher tortoise survey (and If necessary a plan lo barricade the work area or a Gopher tortoise relocation/management plan) to Collier County Current Planning Environmental Staff for review and approval, prior to any site improvements or obtaining any building permits. 9. Petitioner shall submit copies of all necessary agency permits (i.e. FGFWFC for Gopher tortoise) prior to any site improvements or obtaining any building permits. 10. Petitioner shall field locate handicapped ramp, boardwalk and stairs to avoid or minimize potential impacts to existing Gopher tortoise and their burrows. 11. Petitioner shall remove all exotic vegetation from the boundary of the North Beach Facility in accordance with The Collier County Land Development Code Section 3.9.6.6. 12. Minor revisions to Coastal Construction Setback Line Variance CCSL-97-1A (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majortly vote favoring same. DONE AND ORDERED this day of~, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AT-rEST: BY: DWIGHT E. BROCK. Clerk TIMOTHY L. HANCOCK, Chairman Approved as lo Form and Legal Sufficiency: Assistant County Attorney cc.~1-97-1A RESOLUTION L~4~,L D~SC~IPTZON PELICAN BAY - SOU77~ BEAC~ All that part of Section 8, Township 49 South, Range 25 East. Collier County, Florida and being described as follows: Co.~.encing at the northwest corner of Parcel 'D', Pelican Bay Unit One according co the plat thereof as recorded in Plat Book 12, pages 47 thru 52, Collier County Public Records, Collier County, Florida; thence along the westerly line said Parcel "D', South 1'39'00" East 167.00 feet; thence South 77~45'59" Wes= 1866.52 feet ~o a point on the Florida DeparCment of Natural Resources Coastal Const~ction Line and the POI~ OF BEGI~I~ of the parcel herein described; thence continue along said Control Line South 4'11'15.7" East 618.31 feet~ thence continue along said Control Line South 5'52'49.9" East 425 feet more or less =o the Mean High water Line of Clam Pass: =hence northwesterly along the Mean High Water Line of said Clam Pass and northwesterly along the Mean High Water Line of the Gulf of Mexico, 1150 fee= more or less to a point which lies on a line that bears South 89'26'00" West fr~ the Point of Beginning; thence along said line North East 181 feet ~re or less to the Point o~ Beginning the parcel herein described; subject to easements and restriction of record. 12C 2 PELICAN BAY - NORTH BEACH Co~nencing at =he Northeast corner of the Northwest one- quarter (NWl/4) of said Section 4, Township 49 South. Range 25 East; =hence North 89'38'59" West, along the North line of said Section 4, a distance of 2642.02 feet to =he Northwest corner of said Sec=ion 4 and =he Northeast corner of said Section 5; thence continue North 89*38'59" West, along the North line of said Section 5, a distance of 1283.47 feet to the intersection with the Florida Department of Natural Resources Coastal Construction Control Line, as recorded in COASTAL SET BACK BOOK 1, Pages 13-25; thence Southerly along said Coastal Construction Control Line the following courses; South 11'23'55.5' East a distance of 142.75 feet to a point on the Coastal Construction Control Line, said point being South 38'49'24.3# East, a distance of 322.15 feet form P.R.M. 64-78-A-07; thence South 10'39'14' East, a distance of 1027.72 feet; thence South 08°2]'14.6' East, a distance of 1007.78 feet to a point, said point being South 86'54'27' East, a distance of 68.13 feet fro~ Permanent Reference Monument R-35; thence South 08'09'45' East a distance of 419.48 feet to the POINT OF BEGINNING of the parcel described herein: thence continue South 08e09'45" East along said Control Line for 562.00 feet; thence leaving said Coastal Construction Control Line. proceed due West for approximately 228 feet to the Mean Nigh Water Line of the Gulf of Mexico~ thence proceed Northerly along the Mean Nigh Wa=er Line for approximately 562 feet~ thence proceed due East for approximately 225 feet to =he Point of Beginning on said Coastal Construction Control Line. AS PROVIDED BY CLIENT EXHIBIT "A" EXHIBIT N~pLel, FL 33~0 Affidavit of PubLication NapLel OetLy Nevi BOARD OF COUNTY COflMZSSIOflERS ATTN: NANCY SALOGUB PO BOX &13016 NAPLES FL 34101-3016 REFERENCE: 001230 --700012 5753?250 NOTICE OF PUBLIC IlEA State of FLortda Co~ty of Cottter Before the underiigned authority, perlonatty appeared 8. LAM), vho on o~th .eys that she larvas al the AllJstent Corporate Secretsry of the Neptes Ditty Ne~s/ a deity nevspeper pubttshad st Naptu, tn Cottter CmJnty, FLorida: that the attsched copy of the ech~erttsing vel published in ~id nevspeper on detes Listed Afftent further slys that the utd Neptes Deity Ne~s ts · nevspeper pubttshed at Neptes, in mltd Cottter County, Ftortde, taxi that the slid nevlpoper hal heretofore been ccmtinuousty pubtt~hed tn Mtd Cottter County, Ftortd~, each d~r In~ hms been entered es se~ond class mit L litter et the pont off,ce tn Nantes, in slid CotLter Cotwlty, FLortd~, for I period of I year next preceding the ftrst pubttc~tton of the attached cafe/ of Ic~ertismlent; rand affiant further s~/s that she has neither paid nor p~o~ised Iny person, firm or coporetton iny discount, rebate, cmuts$ton or refund for the p4Jrpole of securing this advertisement for pubtt~tton tn the slid flwiD~per. PUBLISHED 0~: 07/2O AD SPACE: S8.000 ZNCH FILED 0~: 07/21/97' Signature of Affiant /~. /'-%/"S RESOLUTION NO.97- 313 PETITION APPROVING WITH CONDITIONS PETITION CCSL-97-1A, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW CONSTRUCTION OF A HANDICAPPED BEACH ACCESS RAMP, BOARDWALK AND BEACH STAIRS, IN- FILLING OPEN AREAS WITH DECKING, ROOF COVERINGS OVER DECKING, RESTAURANT EXPANSION AND ADDITION OF NEW DECKS, LOCATED AT THE PELICAN BAY NORTH BEACH FACILITY, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. WHEREAS, Brett D. Moore, PE, of Humiston and Moore Engineers, representing the Pelican Bay Foundation, Inc., requests a vadance from Ihe Coastal Construction Selback Line (CCSL) as required by Co!lier County Ordinance No. 91-102 Division 3.13, as amended to allow construction of a handicapped beach access ramp, boardwalk and beach stairs, in-filling open areas with decking, roof coverings over decking, restaurant expansion and addition of new decks (See Exhibit B): and WHEREAS, the subject property is located at the Pelican Bay No, th Beach Facility, Pelican Bay Planned Unit Development; and WHEREAS, the proposed structure will extend up !o approximately one hundred thirty (130+) feet seaward of the adopted CCSL for the proposed handicap ramp, boardwalk and stairs, and between five (5) feet and eighty five (85+) feet seaward of Ihe adopted CCSL for new decking and construction over existing decking; and WHEREAS, the petition is consistent with the Collier County Land Development Code Division 3.13, as amended; and WHEREAS, the petition is consistent with the collier county Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Vadance Petition CCSL- 97-1A be approved, subject to the following conditions: 1. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 12C 2 Petitioner shall notify Current Planning Environmental Staff one week pdor Io commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. Petitioner shall re.vegetata the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune, this plan shall include mitigation for areas of vegetation removed to construct decking and ramps. 8o 10. 11. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. Petitioner shall submit a Gopher tortoise survey (and If necessary a plan to barricade the work area or a Gopher tortoise relocation/management plan) to Collier County Current Planning Environmental Staff for review and approval, prior to any site improvements or obtaining any building permits. Petitioner shall submit copies of all necessary agency permits (i.e. FGFWFC for Gopher tortoise) pdor to any site improvements or obtaining any building permits. Petitioner shall field locate handicapped ramp, boardwalk and stairs to avoid or minimize potential impacts to existing Gopher tortoise and lheir burrows. Petitioner shall remove all exotic vegetation from the boundary of the North Beach Facility in accordance with The Collier County Land Development Code Section 3.9.6.6. 12. DONE AND ORDERED this .-'. ATTEST:' ' ". '. : ,~ bWIGHT E. BROCK, Clerk "0.,~p'¥~ved.as' {0 Form and Legal Sd~a~'r~cy: H'e~di ~,~RtonU /1 /r V ~ Assistant County Attorney Minor revisions to coastal construction Setback Une Vadance CCSL-97-1A (including changes in siting and structures) may be approved, In writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majority vote favoring same. day of ~,,~, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY~. H~,NCOCK, Chairman ccsI-gT-1A RESOLUTION ---,,, - ' ,,llll llll - - ii .... I ........... I .... III ............. Ill ........................... L~J~L DESCRr PTION PELICAN BAY - SOUTH BEACH All that part of Section 8. Township 49 South. Range 25 East, Collier County. Florida and being described as follows: Commencing at the northwest corner of Parcel 'D', Pelican Bay Unit One according to the plat thereof as recorded in Plat Book 12, pages 47 thru 52, Collier County Public Records, Collier County, Florida; thence along the westerly line of said Parcel "D', South 1'39'00' East 167.00 feet: thence South 77'45'59" west 1866.52 feet to a point on the Florida Department of Natural Resources Coastal Construction Control Line and the POINT OF BEGINNING of the parcel herein described; thence continue along said Control Line South 4.11'15.7# East 618.31 feet; thence continue along said Control Line South 5'52'49.9" East 425 feet more or less to the Mean High Water Line of Clam Pass: thence northwesterly along the Mean High Water Line of said Clam Pass and northwesterly along the Mean High Water Line Of the Gulf of Mexico, 1150 feet more or less to a point which lies on a line that bears South 89'26'00" West from the Point of Beginning; thence along said li'le North East 181 feet more or less to the Point of Beginning of the parcel herein described; subject to easements and restriction of record. PELICAN BAY - NORTH BEACH Commencing at the Northeast corner of the Northwest one- quarter (NWl/4) of said Section 4, Township 49 South, Range 25 East; thence North 89'38'59" West, along the North line of said Section 4, a distance of 2642.02 feet to the Northwest corner of said Section 4 and the Northeast corner of said Section 5; thence continue North 89'38'59" West, along the North line of said Section 5, a distance of 1283.47 feet to the intersection with the Florida Department of Natural Resources Coastal Construction Control Line, as recorded in COASTAL SET BACK BOOK 1, Pages 13-25; thence Southerly along said Coastal Construction Control Line the following courses: South 11'23'55.5" East a distance of 142.75 feet to a point on the Coastal Construction Control Line, said point being South 38'49'24.3, East, a distance of 322.15 feet form P.R.M. 64-78-A-07; thence South 10'39'14" East, a distance of 1027.72 feet; thence South 08°23'14.6. East, a distance of 1007.78 feet to a point, said point being South 86'54'27# East, a distance of 68.13 feet from Permanent Reference Monument R-35; thence South 08'09'45" East a distance of 419.48 feet to the ~OINT OF BEGINNING of the parcel described herein: thence continue South 08o09,45- East along said Control Line for 562.00 feet; thence leaving said Coastal Construction Control Line, proceed due West for approximately 228 feet to the Mean High Water Line of the Gulf of Mexico; thence proceed Northerly along the Mean High Water Line for approximately 562 feet; thence proceed due East for approximately 225 feet to the Point of Beginning on said Coastal Construction Control Line. AS PROVIDED BY CLIENT EXHIBIT &ZGZHX3 :II [1 12C } ColLier C~J~q~, FIo~t'~ ~LEST FOEt LEaL ~TIS~NG OF ~LIC ~1~$ 11~-~ ~ ~o~t L~.I ~i~c ~ Other: e~ ................. (Si~ clel~ly) PetIt~ No. (If ~, gi~ ~(ef ~rfptl~). ~Z-- ~ S~ Petition: (N~ & ~r~s): ~ & A~tess of ~ ~rs~Cs) :: ~ ~ifl~ ~ Cterk,s Office: Cfi ~re S~ce ~, ICClch s~ Ice ~rCs) to ~ ~: (~[e:e ~[y if i~rtant ~, or (~a(Ly r~ir~ ~) ~ Other -~ ~.~,~ i ~ ~ltl~& slze): ~1~ , ~ ~Y ~ Petitl~ F~ I~(~ ~ist~ ~t? Yfl ~ No ~ I ~~ ' - .............. ~ helrf~s ~f~ ~ ~ ~: lnftlati~ ~rlm to c~lete ~ c~ Wlttfq to ~ ~. ~: f · f f~ h I igendl file; t& C[erk'l Office to Off 12C ) ' 1c. 1c. July 8, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition CCSL-97-1B Dear Judi: Please advertise the above referenced notice one time on Sunday, July 20, 1997, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 i'2C NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, AUGUST 5, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CCSL-97-1B, Brett D. Moore, P.E., of Humiston and Moore Engineers, representing the Pelican Bay Foundation, Inc., requesting a variance from the Coastal Construction Setback Line to allow construction of a handicapped beach access ramp, boardwalk and beach stairs, infilling open areas with decking, roof covering over decking, restaurant expansion and addition of new decks, located at the Pelican Bay South Beach Facility, Pelican Bay Planned Unit Development, in Section 8, Township 49 South, Range 25 East, Collier County, Florida. (Companion to Petition CCSL-97-1A). Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public,hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) July 8, 1997 Pelican Bay Foundation, Inc. c/o Humiston & Moore Engineers 10641 AiZloort Road, Suite 29 Naples, FL 34109 RE: Notice of Public Hearing to consider Petition CCSL-97-1B Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County CommissiOners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 20 1997. , You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. 12c RESOLUTION NO.97- PETmON APPROVING WITH CONDITIONS PETITION CCSL-97.1B, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW CONSTRUCTION OF A HANDICAPPED BEACH ACCESS RAMP, IN-FILLING OPEN AREAS WITH DECKING, ROOF COVERINGS OVER DECKING, RESTAURANT EXPANSION AND ADDITION OF NEW DECKS, LOCATED AT THE PELICAN BAY SOUTH BEACH FACILITY, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 8, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. the Pelican Bay Foundation, Inc., requests a variance from lhe Coastal Construction Selback Line (CCSL) as required by Collier County Ordinance No. 91-102 Division 3.13, as amended to allow construction of a handicapped beach access ramp, in-filling open areas with decking, roof coverings over decking, restaurant expansion and addition of new decks (See Exhibit B): and WHEREAS, the subject property is located at Ihe Pelican Bay South Beach Facility. Pelican Bay Planned Unit Development; and WHEREAS, the proposed structure will extend approximately one hundred fifteen (115+) feet seaward of the.adopted CCSL for the proposed handicap ramp, and between fifty (50) feet and one hundred thirty (130+) feet seaward of the aglop~d CC~L WHEREAS, Ihe petition is consistent with lhe Collier County Land Development Code Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier Counly Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED 'BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, lhat: Variance Petition CCSL- 97-1B be approved, subject to the following conditions: All proposed improvements shall be designed in accordance with the standards of Ihe Florida Department of Environmenlal Prolection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activilies shall not occur within one hundred (100) feet of the sea turtle nesling zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea lurtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesling Area Permits. 12C Petitioner shall notify Current Planning Environmental Slaff one week prior to commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be In compliance with Division 3.10 of the Collier County Land Development Code. 5o Petitioner shall utilize only native coastal dune vegetation for all on-sile landscaping beyond the 1974 Coaslal Construction Control Line. Petitioner shall re-vegetate the dune where the dune ts devoid of coastal dune vegetation (appropdata to that specific area i.e. fore-dune or back dune). The re-vegetation shall be completed, according !o a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior Io the issuance of a Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune, this plan shall include mitigation for areas of vegetation removed to construct decking and ramps. Petitioner shall install appropriate signs in the re-vegetation area indicating lhat beach users are requested not to intrude into Ihls re-vegetation area. Petitioner shall submit a Gopher tortoise survey (and If necessary a plan to barflcade the work area or a Gopher tortoise relocation/management plan) to Collier County Current Planning Environmental Staff for review and approval, pdor to any site improvements or obtaining any building permits. Petitioner shall submit copies of all necessary agency permits (i.e. FGFWFC for Gopher tortoise) prior to any site improvements or obtaining any building permits. 10. Petitioner shall field locate handicapped ramp to avoid or minimize potential Impacts Io existing Gopher tortoise and their burrows. 11. Petitioner shall remove all exotic vegetation from the boundary of the South Beach Facility in accordance with The Collier County Land Development Code Section 3.9.6.6. 12. Minor revisions to Coastal Construction Setback Line Variance CCSL-97-1B (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majodty vote favodng same. DONE AND ORDERED this day of ,1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: DWIGHT E. BROCK, Clerk TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency: I..(eidi Asht0n .... Assistant County Attorney ccsl.97.1B RESOLUTION 12C BAY - SOUT~ EEACN All Chic p4rC of Section i, ?ovnahtp 49 larch, Range 25 East, Collier County, rlorid~ ams being ~lcrt~ ~l toll~s: C~nct~ ~C Ch· ~rc~sC co~r of Parcel 'D', Pelican ~y ~lc ~ acco~d~ to c~ plat c~r~f as record~ ~n Flat ~ ~2, Pagel 47 ch~ S2, Collier C~cy ~bltc Reco~J, Collier C~nCy, Flo~i~: c~e ~1~ ch· wsce~ly li~ of llid Parcel 'D', S~c~ 1']~'00- ~IC ~?,00 feet; c~ce bch ??~45'S~' ~elc I1~,52 ant co I ~inc ~ ch· ~lori~ ~cmnc of K~cu~l ~e~ces C~scll C~lC~cci~ C~c~ol Li~ a~ c~ ~I~ OF B~I~I~ ot c~ parcel herein descri~; thence conctmJe along ~ltd Control LiM South E~IC ~11.]I £eec; chem:e continue along said Control Line larch S'52'49.9' Idle 425 feet more o~ lell co ch· Hean High Mater Li~! o£ GM Pall: thence norchvelcerl¥ northvelcerly along the Haan Wigh #aCer Line of Ch· Gulf of Hextco, 1150 feet mo~e or leas co a point vhich lies on · line chic bearl Souc~ 19.2~o00· #eli tr~ ch· Point of Beginning; chance along laxd line ltorch ~sC lel teac ~ore or less co ch· Point ch· parcel herein delcribed; sub, ICC Co Salem·nil and relcriccion of record. P~l, IC.~l BAY - ~ BEACH Commencing aC the North·alt corner of the Worthy·sc one- ~a~er (~X/4) It sa~d ~cct~ 4, T~sh~p 25 biC; Ch~ce ~h 89'38'59' west, al~ the ~h line of i~id Secct~ 4, i d/staKe Of 2642.02 tnt CO CO~r It liid Secci~ 4 i~ C~ K~IIC CO~F O~ slid Secc/~ S; chance c~ci~e ~h 89'38'S9' Wilt, II~ Chi 2~FCh line It I~id Secc~ S, · distance or ~282.47 teac co ch· iflceFiecc/~ rich c~ r~or~ ~cMflc Rel~ccel COelCll C~Ic~cci~ C~Crol Line, ~TAL S~ ~ ~X 1, P~ef ~3-2S; Ch~cl laid Coalcll C~c~cc/~ C~CFOI ~ifle ch· fol2~i~ S~Ch 1~'23'SS.5' blt ~ disc~ce o~ ~42.75 t~c Co i ~iflC ~ Ch· C~iCil C~c~cci~ C~cFol Li~, sold ~Ch 38'49'24.3' hsC, m dLsc~ce of 322.15 64-78-A-07; C~ce ~Cb ~0'39'~4' hiC, I dilclnce of 2027.~2 tnt; C~flct bch 08'23'14.6' Else, 1007.78 teac Co · ~LnC, amid ~inc ~ ~Ch ~umnc R-3S; C~ci ~Ch 08'09'45' talc a dLscmnce of 4~.48 reec co ch~ ~I~ OF S~I~l~ of Ch· PaFceA descri~ herein: thence c~ci~e ~ch 08'0~'45' blt II~ laid C~CFO1 Line top S62.00 fife: C~Ce lemvin~ I~id C~IC~CCi~ C~c~ol L~, pF~e~ due M, sc for &~F~mcely 228 fife co ~he ~ High MoCer ~i~ ot chi Gulf o~ ~xico; c~e pr~e~ Wo~ly ~n Kigh ~4ce~ LLM for 4~r~iMcely S&2 teac; th~ce proce~ ~e ~8c tar ~ox~cely 225 teac co ch· It Begi~ing ~ slid CMICll C~lc~cci~ C~c~ol Line. AS PROVZDED BY CLIENT EXHIBIT "A' .-t II II Jl 12C 3 o~ ccu~y CO~llSicim~s 411016 FL ~4101-101~ J~f[~: CO12X) --71X~2 Stgneture of Affiant _ ?'-/)' /'~ I 120 3 RESOLUTION NO.gT., 314 PETITION APPROVING WITH CONDITIONS PETITION CCSL-gT-1B, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK UNE TO ALLOW CONSTRUCTION OF A HANDICAPPED BEACH ACCESS RAMP, IN-FILUNG OPEN AREA~ WITH DECKING, ROOF COVERINGS OVER DECKING, RESTAURANT EXPANSION AND ADDITION OF NEW DECKS, LOCATED AT THE PEUCAN BAY SOUTH BEACH FACILITY, PELICAN BAY PLANNED UNIT DEVELOPMENT (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 8, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. WHEREAS, Brett D. Moore. PE. of Humiston and Moore Engineers. representing the Pelican Bay Foundation. Inc., requests a variance from Ihe Coastal Coflstrucfion Selback Line (CCSL) as required by Collier County Ordinance No. g1-102 Division 3.13, as amended to allow construction of a handicapped beach access ramp, in-filling open areas wilh decking, roof coverings over decking, restaurant expansion and addition of new decks (See Exhibit B): and WHEREAS, the subject property is located at the Pelican Bay South Beach Facility, Pelican Bay Planned Unit Development; and WHEREAS. the proposed structure will extend approximately one hundred fifteen (115+) feet seaward of the adopted CCSL for the proposed handicap ramp, and between fifty (50) feet and one hundred thirty (130+) feet seaward of the adopted CCSL for new decking and construction over existing decking; and WHEREAS, the petition is consistent with the Collier County Land Development Code DIvfsion 3.13. as amended; and WHEREAS. the petition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: Vadance Petition CCSL- 97-1B be approved, subject to the following condiUons: AJI proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Divfslort of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone. defined by Collier County Land Development Code Division 3.10, between May 1 . October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 12C Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CCSL and shall again contact Staff within ore week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be In compliance with Division 3.10 of the Collier County Land Development Code. Petitioner shall utilize only native coastal dune vegetation for all orr-site landscaping beyond the 1974 Coastal Construction Control Une. Petitioner shall re-vegetata the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune). The re-vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. In addition to re-vegetating the devoid areas of the dune, this plan shall include mitigation for areas of vegetation removed to construct decking and romps. 7o o o Petitioner shall install appropriate signs tn the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. Petitioner shall submit a Gopher tortoise survey (and if necessary a plan to barricade the work area or a Gopher tortoise mlocatiorV management plan) to Collier County Current Planning Environmental Staff for review and approval, prior 1o any site improvements or obtaining any building permits. Petitioner shall submit copies of all necessary agency permits (i.e. FGFWFC for Gopher tortoise) prior to any site improvements or obtaining any building 10. Petitioner shall field locate handicapped ramp to avoid or minimize potential Impacts to existing Gopher tortoise and their burrows. 11. Petitioner shall remove all exotic vegetation from the boundary of Itm South Beach Facir~ in accordance with The Collier County Land Development Code Section 3.9.6.6. 12. Minor revisions to Coastal Construction Setback Line Variance CCSL-97-1B (including changes in siting and structures) may be approved, in writing, by lhe Planning Services Director or his/her designee. This Resolutiort adopted after motion, second and majority vote favoring same. DONE AND ORDERED this ~ ~''( day of ~,~,~'~, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA tIMOTHY I~-IANCOCK, Chairman AFl'EST: '..i, '; DWIGHT E. BROCK, Clerk .Approved ~s to Form and Legal s~: Heldi Asht0n .... ~ Assistant County Attorney ccM.9?.l B RESOCUTION I~D~SC~IPTIO~ PELZCAH BAY - SOUTH BEACH All that part of Section 8, Township 49 South, Range 2S East, Collier County, Plorida and being described as foll~s: C~ncing a~ the northwest co,er of Parcel "D", Pelican Bay UniC One according ~k ~2, pages 47 ~h~ 52, Collie~ C~n~y ~bl~c Records, Col~ie~ County, said Pa~ce~ "D", $~h le]g,00- Eal~ 167.00 feet; ~ence S~th ~'45'59. Wes~ 1866.52 feet to a ~int on the Florida Depart~nt of Natural Res~rces Coastal Const~ction Control Line and the ~Z~ OF B~I~I~ of the parcel herein described; thence continue alon9 said Control Line S~th 4'll'lS.7- East 6~8.31 feet; thence c~tinue along laid Control Line S~th 5'52'49.9- East 425 feet ~te or leis to the Mean High Water Line o~ CI~ Pass: thence northwesterly alon9 the Mean High Water Line o~ said Clam Pass and northwesterly alon~ the ~an High Water Line o~ the Cul~ o~ Mexico, 1150 feet ~re or less to a ~int which lies on a line that bears S~th 89'26'00. ,elf fr~ the Point of Be~i~ing; thence sion9 laid line North 89'26'00. East 181 feet ~re or less the parcel herein descri~: subject to eas~nts and restriction of record. PELICAN BAY - NORTH BEACH Co~encing at the Northeast coz-ncr of the Northwest one- c~Jarcer (]~1/4) of said Section 4, Township 49 South, Range 25 East; thence North 89'38'59- west, along the North line of said Section 4, a distance of 26¢2.02 feet Co the Northwest corner of said Section 4 and the Northeast corner of said Section $; thence continue North 89'38'59, Welt, along the North line of said Section 5, a distance of 1283.47 feec to the intersection with the Florida Department of Natural Resources Coastal Conacz~ccion Control Line, as recorded in COASTAL SET BACX BOOK I, Pages 13-25; thence Southerly along said Coastal Construction Control Line the following courses: South 11'23'55.5, EaIC a distance of 142.75 feet to a point on the Coastal Const~uccion Control Line, said point being South 38*49'24.3- East, a distance of 322.15 feet form P.R.M. 64-78-A-07; thence South 10'39'14. East, a distance of 1027.72 feet; thence South 08,23.14.$. East, a distance of 1007.78 feec to a point, said point being South 86'54'27- East, a distance of 68.13 feet from Pe~anenc Reference MOnument Ro35; thence Sovch 08'09'45- East a distance of 419.48 feet to the POINT OF BEGINNING of the parcel described herein: thence continue South 08*09'45- East along said Control Line for 562.00 feet; thence leaving said Coaltal Construction Control Line, proceed due West for approximately 228 feec Co the Mean High Water Line of the Gulf of Mexico; thence proceed Northerly along the Mean High Water Line for approximately 562 feet; thence proceed due East for approximately 225 feet to the Point of Beginning on said Coastal Construction Control Line. AS PROVIDED BY CLIENT EXHIBIT "A" 11 EXHIBIT ,! Please place ~he £ol~ing as s, [XX{ Ilonul L~al ldvartisaMut [ ) Other, (Display Adv., Location, otc.) Ortebuthe D~ps../mv. Code Enforcement ,e,~. ,~o/~u (~' ~ (aLp eloar Xy) Pltl~A~ lo. (~ n~e, give br/*~ descrip~i~)f llme · address of an), person(a] to be notified by Clerk's O££Ace, {X£ more space needed, attach separate sheet) baring before, [XX) J¢¢ f ] B~A ! J Other Xeqleshed hearing das.e, 8/5/97 Based on advertisement appearing 10 days before hearing. Jrewrpaper(a) to be uaedt Ccou~lete only if Aaq~ortaut [ ], Ix) J~aples Daily Ways or legally required [ ] ! ] Other P~sod Texts (Xnclude legal daacrApti~n · cameos location · size), A~ ORD~AdqCE ESTABLISH~qG SUPPLKME~FAL CO~R CO~ O~I~ E~RCE~ P~OCED~; PROZAC ~R ~ ~ p~; PROZAC FOR ~E ~ ~A~ON; PRO~ FOR DE~ONS; ~O~ FOR ~IC~ ~ ~L ~CO~~ OF ~ CO~; D~A~G ~RT~ CO~ EMP~ ~ CODE E~ORCE~NT O~ ~ A~O~G I~ OF C~A~ONS ~ NO~ TO APPEl; PROdDiNG FOR ~G OF D~IGNA~D CODE ENFORCEME~ O~ TO !~ C~A~ONS AND NO~C~ TO ~ PROLOG FOR ~ ~D D~ OF D~IGNA~D CODE ENFORCE~ O~; ~O~G ~R CI~ INtrONS; PRO~D~G ~R CITA~ON ~D NO~C~ TO ~PE~ PR~D~; PRO~D~G FOR ~E FO~ OF ~A~ONS ~D NO~C~ TO ~PE~ ~LIS~G A ~D~E OF ~OLA~ON~ O~ONS ~D P~NAL~ ~G~ING ~A~ONS ~ NO~ TO ~PE~; PRO~ING FOR CON~I~ ~ SE~~; PROLOG FOR ~CLUSlON ~ ~E CODE OF LAWS ~D O~C~; ~D PRO~DING ~ E~VE DA~. O~mpa~lou petition(s), if a~t', · proposed bearing date, Does Petition Fee include advertising coat? Yea [ ] We [ x] Z£ yes, what account should be charged for edT.rtising =ost,. 113-138910.649100 levieved ~ ~ by, . Division le Dat~ '7 Approved by. County a[anager. ~ate LAss. Attachment. (1) Ordinance (2) (3) ....... ..................... ........... ......................... 12C ~ '7"/4-8406 TOilet_ ~ 23 July 17, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Intent to consider Ordinance Dear Judi: Please advertise the above referenced notice one time on Friday, July 25, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Account No. 113-138910-649100 12C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, AUGUST 5, 1997, in the Boardroom, 3rd Floor, Administration ~g, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE ESTABLISHING SUPPLEMENTAL COLLIER COUNTY ORDINANCE ENFORCEMENT PROCEDURES; PROVIDING FOR FINDINGS AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY IN ALL UNINCORPORATED AREAS OF THE COUNTY; DESIGNATING CERTAIN COUNTY EMPLOYEES AS CODE ENFORCEMENT OFFICERS AND AUTHORIZING ISSUANCE OF CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR TRAINING OF DESIGNATED CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR POWERS AND DUTIES OF DESIGNATED CODE ENFORCEMENT OFFICERS; PROVIDING FOR CIVIL INFRACTIONS; PROVIDING FOR CITATION AND NOTICES TO APPEAR PROCEDURES; PROVIDING FOR THE FORM OF CITATIONS AND NOTICES TO APPEAR; ESTABLISHING A SCHEDULE OF VIOLATIONS, OPTIONS AND PENALTIES REGARDING CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board, Administration Building, 4th Floor, Minutes and Records Department, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida between the hours of 8:00 a.m. and 5 p.m., Monday through Friday, excluding holidays and are available for inspection. All interested parties are invited to attend and be heard. Any questions pertaining to this proposed Ordinance should be directed to the Water Director, Water Department Administrative office, located at the Collier County Government Center, Health Building, Third Floor, 3301 East Tamiami Trail, Naples, Florida. If requested during the Notice period, written comments filed with the Water Director prior to the July 29, 1997 hearing will be read and considered at the Public Hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk ( SEAL ) ORDINANCE NO. 97- 1'2C AN ORDINANCE ESTABLISHING SUPPLEMENTAL COLLIER COUNTY ORDINANCE ENFORCEMENT PROCEDURES; PROVIDING FOR FINDINGS AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY IN ALL UNINCORPORATED AREAS OF THE COUNTY; DESIGNATING CERTAIN COUNTY EMPLOYEES AS CODE ENFORCEMENT OFFICERS AND AUTHORIZING ISSUANCE OF CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR TRAINING OF DESIGNATED CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR POWERS AND DUTIES OF DESIGNATED CODE ENFORCEMENT ogFICERS; PROVIDING FOR CIVIL INFRACTIONS; PROVIDING FOR CITATION AND NOTICES TO APPEAR PROCEDURES; PROVIDING FOR THE FORM OF CITATIONS AND NOTICES TO APPEAR; ESTABLISHING A SCHEDULE OF VIOLATIONS, OPTIONS AND PENALTIES REGARDING CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, Article VIII of the Constitution of the State of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, §125.01(I), Florida Statutes, provides that the legislative and governing body of a County shall have the power to carry on County government and that said power includes, but is not restricted to, a number of powers set forth in §125.01, Florida Statutes, so long as any powers exercised are not inconsistent with general or special laws; and WHEREAS, §125.01(1)(t), Florida Statutes, provides that a County may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, §125.01(3Xa) & (b), Florida Statutes, recognize that the enumeration of powers in §125.01(1), Florida Statutes, shall be deemed to incorporate all implied powers necessary or incident to carrying out such powers enumerated and that §125.01, Florida Statutes, shall be liberally construed in order to effectively carry out the purpose of this Section and to secure for the County the broad exercise~lof home Constitution; and . 12C rule powers authorized by the State WHEREAS, the Board ~f County Commissioners of Collier County duly enacted Collier County Ordinance No. 92-80, as amended, "The Collier County Code Enforcement Boards Ordinance," pursuant to Chapter 162, Florida Statutes, "The Local Government Code Enforcement Boards Act"; and WHEREAS, the intent and purpose of the Collier County Code Enforcement Board's Ordinance is to promote, protect and improve the health, safety and welfare of the citizens of the County by authorizing the creation of administrative boards, with authority to impose administrative fines and other non-criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances of the County, with the exception of traffic violations, where a pending or repeated violation continues to exist, including, but not limited to, housing, occupational licenses, fire, development standards, building, zoning and sign codes; and WHEREAS, pursuant to the authority vested in Collier Count,: by Chapter 162, Florida Statutes, and pursuant to Ordinance No. 92-80, as amended, the Board of County Commissioners of Collier County has designated certain employees and agents as Code Enforcement Officers, whose duty it is to assure code and ordinance compliance and who are responsible for the enforcement and/or implementation of codes and ordinances of the County; and WHEREAS, Chapter 162, Part II, Florida Statutes, provides for a "Supplemental Code Enforcement Procedure" whereby duly designated Code Enforcement Officers are authorized to issue citations or notices to appear to a person when, based upon personal investigation, an Officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the County Court will hear the charge; and WHEREAS, the Board of County Commissioners desires to establish, pursuant to the authority vested in it by Chapter 125, Florida Statutes, and Chapter 162, Part II, Florida Statutes, a supplemental county code or ordinance enforcement procedure with respect to those certain ordinances and codes, as further specified herein, and accordingly, duly designate specific Code Enforcement Officers with the authority to issue such citations and notices to appear, pursuant to Chapter 162, Part II, Florida Statutes. 12g 4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: FINDINGS AND PURPOSE. The Board of County Commissioners does hereby make the following findings: I. The provisions of §162.21-162.23, Florida Statutes, of Chapter 162, Pan II, cited as "Local Cmvernment Code Enforcement Boards Act," is the specific authority which provides for a County to establish an additional and supplemental County code or ordinance enforcement procedure ordinance. 2. It is in the best interest of the citizens of the County to supplement Collier County Ordinance No. 92-80, as amended, by creating this Collier County Supplemental Ordinance Enforcement Procedures Ordinance. 3. It is the intent and purpose of this Ordinance to promote, protect and improve the health, safety and welfare of the citizens of the County by authorizing the creation of this Ordinance which establishes a procedure by which duly designated Code Enforcement Officers are authorized to issue citations and notices to appear, under the circumstances set forth below, for civil infractions which are reasonably believed to be violations &duly enacted codes or ordinances and that the County Court will hear such charges. 4. Whereas, the establishment of a schedule or' violations and penalties shall promote enforcement of County codes and ordinances as well as judicial economy by providing for progressive sanctions for violations and avoiding the waste &judicial resources for uncontested matters. SECTION TWO: TITLE AND CITATION. This Ordinance shall be known and may be cited as the "Collier County Code Enforcement Citation Ordinance," and may be also commonly referred to, in short form, as the "Citation Ordinance." SECTION THREE: DEFINITIONS. 'D:e following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context 12C 4 clearly indicates a different meaning. Said definitions are inclusive as well as supplemental to those definitions set forth in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, as amended: I. Code Enforcement Officer refers to any designated employee or agent of the County whose duty it is to enforce codes and ordinances enacted by the County. Employees or agents who may be designated as Code Enforcement Officers, for the purposes of this Ordinance, may include, but are not limited to: Law Enforcement Officers, Code Enforcement Director, Code Enforcement Supervisors, Code Enforcement Investigators, and Code Enforcement Compliance Investigator for Revenue Services. 2. Notice to Appear refers to a written order issued by a Code Enforcement Officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. Ifa person refuses to sign the Notice to Appear, the Code Enforcement Officer has no authority to arrest such person. 3. Person refers to and includes any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer or any other entity whatsoever, or any combination of such, jointly and/or severally. SECTION FOUR: APPLICABILITY. This Ordinance shall apply to and be enforced in all unincorporated areas of Collier County and shall be deemed in addition to and supplemental to Chapter 162, Part I and Part II, Florida Statutes, and to the Collier County Code Enforcement Board's Ordinance, Ordinance No. 92-80, as amended. SECTION FIVE: DESIGNATION OF CERTAIN COUNTY EMPLOYEES AS CODE ENFORCEMENT OFFICERS AND AUTHORIZATION TO ISSUE CITATIONS AND NOTICES TO APPEAR. I. Subject to the successful completion of the required training program, the following County employees or agents are hereby designated as Code Enforcement Officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with County Codes and Ordinances: Law Enforcement Officers; Code Enforcement Director; Code P. nforcement Supe~'isors~ Code En£orcemcnt Investi~ators~ and Code ~nfor¢¢ment Compliance lnvesli§a~or for Revenue 2. Designation as a Code Enforcement Officer with authorization to issue citations and notices to appear does not provide the designated Code Enforcement Officer with the power of arrest or subject the Code Enforcement Officer to the provisions of §943.085-§943.255, Florida Statutes. SECTION SIX: TRAINING OF DESIGNATED CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS AND NOTICES TO APPEAR. The training of designated Code Enforcement Officers for issuing citations/notices to appear shal'l be implemented by the Collier County Code Enforcement and Human Resources Departments which shall maintain in their respective department files a written procedure as to the necessary training requirements. Topics in the training shall include, but are not limited to, the following: 1. o THE CITATION AND NOTICE TO APPEAR a. Applicable laws and enabling legislation b. Purpose ofcitation and notice to appear procedures c. Powers and limitations of citation and notice to appear procedures RESPONSIBILITIES OF THE CODE OFFICER a. Enforcement Policies I. When to use citation and notice to appear power 2. Warnings ISSUING CITATION AND NOTICE TO APPEAR a. Form of citation and notice to appear b. Applicable laws c. Warning notice required d. Court data e. Practice writing citations and notices to appear SIGNATURE OF CODE VIOLATOR and/or REFUSAL TO SIGN a. What to do to obtain signature b. Procedure for refusal to sign o c. How to obtain Sheriff's assistance d. Emergency contact procedures PUBLIC CONTACT a. How to handle difficult situations b. Angry people SWORN STATEMENTS KEEPING FILES a. Documentation and building a case b. What to do with files for court action COURT ROOM PROCEDURES a. Appearance b. Demeanor c. Testimony d. Judges 12C t, SECTION SEVEN: POWERS AND DUTIES OF DESIGNATED CODE ENFORCEMENT OFFICERS 1. It shall be the duty of those persons designated in this Ordinance, who have successfully completed the required training, to issue a citation(s) or notice(s) to appear to a person(s) when, based upon personal investigation, the Code Enforcement Officer has reasonable cause to believe that the person(s) has (have) committed a civil infraction in violation of any of the following duly enacted codes or ordinances mentioned in Subsection 2, and that the County Court will hear the charge(s). 2. The following codes and/or ordinances may be enforced by the procedures set forth in this Ordinance: A. Collier County Land Development Code, Ordinance No. 91- 102 Violations as amended, violations: Unlicensed Vehicles, Sec. 2.6.7.1; Commercial Vehicles, Sec. 2.6.7.3; Dumpsters, Sec. 2.6.15; Fences, Sec. 2.6.11; Recreational Vehicles, Sec. 2.6.7.2; Signs, Sec. 2.5; Prohibited Uses, Sec. 2.1.15; Site Work Without Permit, Sec. 2.7.6. Par. I & 5; Landscaping and Buffering, Sec. 2.4.5. B. Collier County Ordinances: Litter/Exotics (Ord. No. 91.-47); Housing (Ord. No. 89-06); Noise (Ord. No. 93-77); Occupational License (Ord. 12C No. ~1-42); Right of ~ay (Ord. No. 93-64); Vehicl~ for Hire (Ord. No. 95-(56), and Solid Wast~ (Ord. No. 90-30). SECTION EIGHT: CIVIL INFRACTION. A violation of any codes or ordinance for which a citation/notice to appear is issued, under the authority provided in Section Seven, is a civil infraction subject to the enforcement procedures set forth in this Ordinance and any other applicable enforcement procedure set forth in any other County Code/Ordinance, and in Florida Statutes. Said civil infraction shall carry a maximum civil penalty not to exceed $500.00. A civil penalty of less than the maximum civil penalty may apply if the person who has committed the civil infraction does not contest the citation. Each violation of a code or ordinance shall be a separate civil infraction. Each day each violation shall continue beyond the time period for correction stated in the citation or notice to appear, shall be deemed to constitute a separate civil infraction. SECTION NINE: CITATION AND NOTICE TO APPEAR PROCEDURES. 1. Prior to issding a citation or a notice to appear, a Code Enforcement Officer shall provide written notice to the person that the person has committed a violation of a Code or Ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than thirty (30) days if a citation is issued. Such time period shall be no fewer than five (5) days and no more than thirty (30) days ifa notice to appear is issued. If, upon personal investigation, a Code Enforcement Officer finds that the person has not corrected the violation within the time period, a Code Enforcement Officer may issue a citation or a notice to appear to the person who has committed the violation. A Code Enforcement Officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation or notice to appear and may immediately issue a citation or notice to appear if a repeat violation is found or if the Code Enforcement Officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. 1..2C 4' 2. Written warning notices, if applicable, and citations/notices to appear shall be provided to the alleged violator by hand delivery by the Code Enforcement Officer. In the absence of the alleged violator, issuance of a written warning notice or citation or notice to appear may be accomplished by leaving a copy at the alleged violator's residence with any person residing therein who is fifteen (15) years of age or older and informing the person of the contents or by registered or certified mail, return receipt requested. Issuance of a written warning notice or citation or notice to appear to a business may be accomplished by leaving a copy at the business, during regular business hours, with any employee and informing the employee of the contents or by registered or certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of warning r~otices and citations/notices to appear. 3. After issuing a citation or notice to appear to the alleged violator, the Code Enforcement Officer shall deposit the original citation or notice to appear and two (2) copies of the citation or notice to appear with the County Court. 4. Upon issuance of a citation or notice to appear, the following options apply: a. A person who elects not to contest the citation or notice to appear may pay the civil penalty as set out herein within thirty (30) days from issuance of the citation or notice to appear; or b. The person cited may contest the citation or notice to appear in County Court. In such cases where a person wishes to contest the citation or notice to appear, the person must request, in writing, a court date from the Clerk of Courts within thirty (30) days of issuance of the citation or notice to appear. 5. A person who fails to pay the civil penalty within the established period of time, fails to request a court date, and/or fails to timely contest the citation or notice to appear shall be deemed to have waived his or her right to contest the citation or notice to appear and, in such case, judgment shall be entered against the person for the amount of the maximum civil penalty ($500.00). 6. In the event a civil judgment is entered against a person pursuant to the provisions of this Ordinance, the County may record a certified copy of s~id judgment in the Official Records of Collier County. ~f a person pays thc civil penalty for which a civil judgment bas been recorded, the Clerk of Courts shall notify the Collier County Code En£orcemcn~ Dcpa~mcn~ when thc judgment has been paid and a satisfaction of judgment shall be prepared and recorded in the Official Records of Collier County. 7. Thc provisions of this Section are an additional and supplemental means of enforcing County Codes and/or Ordinances and may be used for the enforcement of any applicable County Code or Ordinance as enumerated above. Nothing contained in this Ordinance shall prohibit the County from enforcing its Codes and/or Ordinances by any other civil, administrative and/or criminal means. 8. The provisions of this Section shall not apply to enforcement, pursuant to §553.79, Florida Statutes, and §553.80, Florida Statutes, of the Building Codes adopted to §553.73, Florida Statutes, as they apply to construction; provided that a building permit is either not required, or has been issued by the County or a municipality. For the purpose of this Subsection, "Building Codes" means only those codes adopted pursuant to §553.73, Florida Slatutes. SECTION TEN: FORM OF CITATIONS AND NOTICES TO APPEAR. The citation and notice to appear forms to be issued by the Code Enforcement Officers designated herein shall be in a form prescribed by the County and shall contain: 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. 4. 5. 6. 7. The date and time the civil infraction was committed. The facts constituting reasonable cause. The number or section of the Code or Ordinance violated. The name and authority of the Code Enforcement Officer. The procedure for the person to follow in order to pay the civil penalty or to contest the citation or notice to appear in County Court. 8. The applicable potential civil penalty if tile person elects to contest the citation or notice to appear. 9. The applicable civil penalty if the person elects not to contest the citation or notice to appear. 10. A conspicuous statement that, ifthe person fails to pay the civil penalty within the time allowed, and/or fails to request a hearing date and/or appear in County Court to timely contest the citation or notice to appear, such person shall be deemed to have waived the right to contest the citation or notice to appear and that, in such case, judgment shall be entered by the Clerk of Courts against the person for the amount of the maximum civil penalty of $500.00. SECTION ELEVEN: ESTABLISHING A SCItEDULE OF VIOLATIONS, OPTIONS AND PENALTIES, REGARDING CITATIONS AND NOTICES TO APPEAR. 1. Thc Board of County Commissioners hereby establishes, pursuant to Section One, Number 4 of this Ordinance, a schedule of violations and penalties to be assessed by Code Enforcement Officers for those Codes enforced pursuant to this Ordinance. 2. Schedule of violations and penalties: Code/Ordinance 1" Offense 2"a Offense yd Offense Name* Amount Amount Amount Sec, 2.6.7.1 $100.00 $250.00 $400.00 Unlicensed Vehicles Sec. 2.6.7.3 $ 100.00 $250.00 $400.00 Commercial Vehicles Sec. 2.6.15 $ 100.00 $250.00 :5400.00 Dumpstcrs Sec. 2.6.11 $100.00 $250.00 $400.00 Fences Sec. 2.6.7.2 $100.00 $250.00 $400.00 Recreational Vehicles Sec. 2.5 $100.00 $250.00 $400.00 Signs Sec. 2. I. 15 $100.00 $250.00 $400.00 Prohibited Uses Code/Ordinance t 1't Offense 2'~ Offense 3rd Offense Name* Amount Amount Amount Sec. 2.4.5 $100.00 $250.00 $400.00 Landscaping & Buffering Sec. 2.7.6, Par. I & 5 $100.00 $250.00 $400.00 Site Work Without Permit Ord. No. 89-06 $100.00 $250.00 $400.00 Housing Code Violations Ord. No. 91-47 $100.00 $250.00 $400.00 Litter/Exotics Ord. No. 93-77 $100.00 $250.00 $400.00 Noise ..... Ord. No. 81-42 $ 100.00 $250.00 $400.00 Occupational License Ord. No. 93-64 { $100.00 $250.00 $400.00 Right-of-Way Ord. No. 90-30 $ 100.00 $250.00 $400.00 Solid Waste Ord. No. 95-66 $100.00 $250.00 $400.00 i Vehicle for Hire . *Ail CODES/ORDINANCES ARE DEEMED TO BE AS AMENDED. 3. The following options are available to a person who has been issued a citation or notice to appear in accordance with this Ordinance: a. If a person elects not to contest a citation or notice to appear, the person may pay the appropriate civil penalty, as set forth by Resolution, within thirty (30) days from issuance of the citation or notice to appear to the Clerk of the Circuit Court. b. If a person elects to contest a citation or notice to appear in County Court and, after trial before the County Court, is adjudicated to have committed a violation, a civil penalty not to exceed Five Hundred ($500.00) Dollars shall be imposed by the County Court. The County Judge may also order 11 12C 4 the violator to correct the violation. Court costs, le§islativc assessments and costs of prosecution, all as provided for by [aw, shall be assessed by the County Court. 4. If a person fails to pay the civil penalty within thc time allowed, and/or fails to request a hearing and/or appear in County Court to contest the citation or notice to appear, the violator shall be deemed to have waived the right to contest the citation or notice to appear and judgment shall be entered by the Clerk against the person for the maximum civil penalty, in tile amount of $500.00 per violation. 5. Any person who willfully refuses to sign and accept a citation issued by a dcsi~ated Code Enforcement Officer shall be guilty ora misdemeanor of the second degree, punishable as provided in §775.082 or §775.083, Florida Stat~ttex. SECTION TWELVE CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTEEN: INCLUSION IN TItE CODE OF LAWS AND ORDINANCES. Tile provisions of this Ordinance shall become and be made a part of tile Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. L SECTION FOURTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. 12 P^$$ED AND DULY ADOPTED by the Board of' County Commissioners of Collier County, Florida, this __ day of ,1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, CHAIRMAN Approved as to form and legal sufficiency: Chief Assistant County Attorney h 5ordinances97~:ilationproccdord-rm 12C Naplea Daily NapLes, FL 339J,0 Affidavit of Publicetioo Naples Doily Ne'ws BOARO OF COUNTy COmmISSIOnERS ATTN: NANCY SALOGUB PO BOX ~13016 NAPLES FL 34101-3016 REFERENCE: 001230 1131389106491 575384)09 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, perso~aLl), appeared B. Lamb, ~ o~ oath ~ays that she serves as the Assistant Corporate Secretary of the Naples Deity News, a daily nelvspaper p~btished at NapLes, in CoLlier County, Florida: that the attached copy of the advertising wes published in amid newspaper o~ dates listed Affiant further soya that the *aid Naples Daily He.s.is e ne~spapar published at NapLes, in said CoLLier County, FLorida, and that the ~aid newspaper has heretofore been co. tin--sty published in said ColLier County, FLorida, each day and has been entered es second class mail matter at the post office in NapLes, in smid ColLier County, Florida, for a period of 1 year next precedtn~ the first p'.,bltcatto~ of the attached copy of advertisement, ar~ affiant further says that she has neither paid r~r promised any person, firm or coporstton any discount, rebate, co~ission or refund for the purpose of securing this advertisement for pubLicatioo in the said newspaper. PUBLISHED 0~: 07/25 AD SPACE: 106.000 INCH FILED ON: 0Z/25/97 Signature of Affiant /J S~orn to end Subscribed before me thts~ ~ day of ~(OT)CE O~ INTENT TO CONSIOI~R ORDINANCE Notice Is hereby plven that on TUESOAY~ AUGUST ~, l~, ~ ~ ~ r~, ~ F~, ~t~ ~IU~ AN ~D,N~ EST~,NG A~ ~ ~0~ F~ TITLE A~ C~A~ION; PROVDtHG F~ ~FN~NS; PRO~ING F~ IGNATING CERTAIN COUNT' EMPLOYEES AS CODE EHFORCE. TO ~; ~NG F~ TRAIN- ING OF DESIGNATED CODE FORCE~EHT ~FICERS TO ISSUE ~O~ING F~ ~RS A~ TIES OF DESIGNATED COOE F~NT O~R5: PROV~ING P~R ~ES; ~O~ING FOR T~S TO ~. EST~ING A ~HE~E OF k~T)~[ ~S AND NO~ TO ~R' ERA&L~; ~O~NG F~ I~U. SION ~ ~ C~ ~ ~ AND ~DINANCES. AND PRO~DING AN o( ~ ~ ~m~e ~e cor~s Deportment, Cailler County ~ ~, ~1 E~t T~ml exc)~ ~1~ ~ ~e [~ All I~ ~.l ~e In. ~ld ~ ~d ~ ~ W~ D~, e~e, ~ ~ b en~e ~ a v~. ~e ~ ~h ~ ~ Is ~ ORDINANCE NO. 97- 25 AN ORDINANCE ESTABLISHING SUPPLEMENTAL COLLIER COUNTY ORDINANCE ENFORCEMENT PROCEDURES; PROVIDING FOR FINDINGS AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY IN ALL UNINCORPORATED AREAS OF THE COUNTY; DESIGNATING CERTAIN COUNTY EMPLOYEES AS CODE ENFORCEMENT OFFICERS AND AUTItORIZING ISSUANCE OF CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR TRAINING OF DESIGNATED CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR POWERS AND DUTIES OF DESIGNATED CODE ENFORCEMENT OFFICERS; PROVIDING FOR CIVIL INFRACTIONS; PROVIDING FOR CITATION AND NOTICES TO APPEAR PROCEDURES; PROVIDING FOR THE FORM OF CITATIONS AND NOTICES TO APPEAR; ESTABLISttING A SCHEDULE OF VIOLATIONS, OPTIONS AND PENALTIES REGARDING CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII of the Constitution of' the State of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, §125.01(I), Florida Statutes, provides that the legislative and governing body of a County shall have the power to carry on County government and that said power includes, but is not restricted to, a number of powers set forth in §125.01, Florida Statutes, so long as any powers exercised are not inconsistent with general or special laws; and WHEREAS, § 125.01 (1)(t), Florida Statutes, provides that a County may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, §125.0l(3)(a) & (b), Florida Statittes, recognize that the enumeration of powers in §125.01(1), Florida Stattttes, shall be deemed to incorporate all implied powers necessary or incident to carrying out such powers enumerated and that §125.01, Florida Statt~tes, shall be liberally construed in order to effectively carry out the purpose of this Section and to secure for the 12{; County the broad exercise of home rule powers authorized by the State Constitution; and WHEREAS, :he Board of County Commissioners cf Collier County duly enacted Collier County Ordinance No. 92-80, as amended, "The Collier County Code Enforcement Boards Ordinance," pursuant to Chapter 162, Florida Statutes, '"I"he Local Government Code Enforcement Boards Act"; and WHEREAS, the intent and purpose of the Collier County Code Enforcement Board's Ordinance is to promote, protect and improve the health, safety and welfare of the citizens of the County by authorizing the creation of administrative boards, with authority to impose administrative fines and other non-criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances of the County, with the exception of traffic violations, where a pending or repeated violation continues to exist, including, but not limited to, housing, occupational licenses, fire, development standards, building, zoning and sign codes; and WHEREAS, pursuant to the authority vested in Collier County by Chapter 162, Florida Statutes, and pursuant to Ordinance No. 92-80, as amended, the Board of County Commissioners of Collier County has designated certain employees and agents as Code Enforcement Officers, whose duty it is to assure code and ordinance compliance and who are responsible for the enforcement and/or implementation of codes and ordinances of the County; and WHEREAS, Chapter 162, Part II, Florida Statutes, provides for a "Supplemental Code Enforcement Procedure" whereby duly designated Code Enforcement Officers are authorized to issue citations or notices to appear to a person when, based upon personal investigation, an Officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the County Court will hear the charge; and WHEREAS, the Board of County Commissioners desires to establish, pursuant to the authority vested in it by Chapter 125, Florida Statutes, and Chapter 162, Part II, Florida Statutes, a supplemental county code or ordinance enforcement procedure with respect to those certain ordinances and codes, as further specified herein, and accordingly, duly designate specific Code Enforcement Officers with the authority to issue such citations and notices to appear, pursuant to Chapter 162, Part II, Florida Statutes. 12C NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: FINDINGS AND PURPOSE. The Board of County Commissioners does hereby make the following findings: 1. The provisions of § 162.21 - 162.23, Florida Statutes, of Chapter 162, Part II, cited as "Local Government Code Enforcement Boards Act," is the specific authority which provides for a County to establish an additional and supplemental County code or ordinance enforcement procedure ordinance. 2. It is in the best interest of the citizens of the County to supplement Collier County Ordinance No. 92-80, as amended, by creating this Collier County Supplemental Ordinance Enforcement Procedures Ordinance. 3. It is the intent and purpose of this Ordinance to promote, protect and improve the health, safety and welfare of the citizens of the County by authorizing the creation of this Ordinance which establishes a procedure by which duly designated Code Enforcement Officers are authorized to issue citations and notices to appear, under the circumstances set forth below, for civil infractions which are reasonably believed to be violations of duly enacted codes or ordinances and that the County Court will hear such charges. 4. Whereas, the establishment of a schedule of violations and penalties shall promote enforcement of County codes and ordinances as well as judicial economy by providing for progressive sanctions for violations and avoiding the waste of judicial resources for uncontested matters. SECTION TWO: TITLE AND CITATION. This Ordinance shall be known and may be cited as the "Collier County Code Enforcement Citation Ordinance," and may be also commonly referred to, in short form, as the "Citation Ordinance." SECTION THREE: DEFINITIONS. The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context 12C clearly indicates a different meaning. Said definitions are inclusive as well as supplemental to those definitions set forth in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, as amended: 1. Code Enforcement Officer refers to any designated employee or agent of the County whose duty it is to enforce codes and ordinances enacted by the County. Employees or agents who may be designated as Code Enforcement Officers, for the purposes of this Ordinance, may include, but are not limited to: Law Enforcement Officers, Code Enforcement Director, Code Enforcement Supervisors, Code Enforcement Investigators, and Code Enforcement Compliance Investigator for Revenue Services. 2. Notice to Appear refers to a written order issued by a Code Enforcement Officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. Ifa person refuses to sign the Notice to Appear, the Code Enforcement Officer has no authority to arrest such person. 3. Person refers to and includes any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer or any other entity whatsoever, or any combination of such, jointly and/or severally. SECTION FOUR: APPLICABILITY. This Ordinance shall apply to and be enforced in all unincorporated areas of Collier County and shall be deemed in addition to and supplemental to Chapter 162, Part I and Part II, Florida Statutes, and to the Collier County Code Enforcement Board's Ordinance, Ordinance No. 92-80, as amended. SECTION FIVE: DESIGNATION OF CERTAIN COUNTY EMPLOYEES AS CODE ENFORCEMENT OFFICERS AND AUTHORIZATION TO ISSUE CITATIONS AND NOTICES TO APPEAR. 1. Subject to the successful completion of the required training program, the following County employees or agents are hereby designated as Code Enforcement Officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with County Codes and Ordinances: Law Enforcement Officers; Code Enforcement Director; 4 Code Enforcement Supervisors; Code Enforcement Investigators; and Code Enforcement Compliance Investigator for Revenue Services. 2. Designation as a Code Enforcement Officer with authorization to issue citations and notices to appear does not provide the designated Code Enforcement Officer with the power of arrest or subject the Code Enforcement Officer to the provisions of §943.085-§943.255, Florida Statutes. SECTION SIX: TRAINING OF DESIGNATED CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS AND NOTICES TO APPEAR. The training of designated Code Enforcement Officers for issuing citations/notices to appear shall be implemented by the Collier County Code Enforcement and Human Resources Departments which shall maintain in their respective department files a written procedure as to the necessary training requirements. Topics in the training shall include, but are not limited to, the following: I. THE CITATION AND NOTICE TO APPEAR a. Applicable laws and enabling legislation b. Purpose of citation and notice to appear procedures c. Powers and limitations &citation and notice to appear procedures RESPONSIBILITIES OF THE CODE OFFICER a. Enforcement Policies I. When to use citation and notice to appear power 2. Warnings ISSUING CITATION AND NOTICE TO APPEAR a. Form of citation and notice to appear b. Applicable laws c. Warning notice required d. Court data e. Practice writing citations and notices to appear SIGNATURE OF CODE VIOLATOR and/or REFUSAL TO SIGN a. What to do to obtain signature b. Procedure for refusal to sign 12C 4. c. How to obtain SheriWs assistance d. Emergency contact procedures PUBLIC CONTACT a. How to handle difficult situations b. Angry people SWORN STATEMENTS KEEPING FILES a. Documentation and building a case b. What to do with files for court action COURT ROOM PROCEDURES a. Appearance b. Demeanor c. Testimony d. Judges SECTION SEVEN: POWERS AND DUTIES OF DESIGNATED CODE ENFORCEMENT OFFICERS I. It shall be the duty of those persons designated in this Ordinance, who have successfully completed the required training, to issue a citation(s) or notice(s) to appear to a person(s) when, based upon personal investigation, the Code Enforcement Officer has reasonable cause to believe that the person(s) has (have) committed a civil infraction in violation of any of the following duly enacted codes or ordinances mentioned in Subsection 2, and that the County Court will hear the charge(s). 2. The following codes and/or ordinances may be enforced by the procedures set forth in this Ordinance: A. Collier County Land Development Code, Ordinance No. 91- 102 Violations as amended, violations: Unlicensed Vehicles, Sec. 2.6.7.1; Commercial Vehicles, Sec. 2.6.7.3; Dumpsters, Sec. 2.6.15; Fences, Sec. 2.6.1 I; Recreational Vehicles, Sec. 2.6.7.2; Signs, Sec. 2.5; Prohibited Uses, Sec. 2.1.15; Site Work Without Permit, Sec. 2.7.6. Par. I & 5; Landscaping and Buffering, Sec. 2.4.5. g. Collier County Ordinances: Litter/Exotics (Ord. No. 91-47); Housing (Ord. No. 89-06); Noise (Ord. No. 93-77); Occupational License (Ord. No. 81-42); Right of Way (Ord. No. 93-64); Vehicle for Hire (Ord. No. 95-66), and Solid Waste (Ord. No. 90-30). SECTION EIGHT: CIVIL INFRACTION. A violation of any codes or ordinance for which a citation/notice to appear is issued, under the authority provided in Section Seven, is a civil infraction subject to the enforcement procedures set forth in this Ordinance and any other applicable enforcement procedure set forth in any other County Code/Ordinance, and in Florida Statutes. Said civil infraction shall carry a maximum civil penalty pot to exceed $500.00. A civil penalty of less than the maximum civil penalty may apply if the person who has committed the civil infraction does not contest tee citation. Each violation of a code or ordinance shall be a separate civil infraction. Each day each violation shall continue beyond the time period for correction stated in the written warning notice, citation or notice to appear, shall be deemed to constitute a separate civil infraction. SECTION NINE: CITATION AND NOTICE TO APPEAR PROCEDURES. 1. Prior to issuing a citation or a notice to appear, a Code Enforcement Officer shall provide written notice to the person that the person has committed a violation of a Code or Ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than thirty (30) days if a citation is issued. Such time period shall be no fewer than five (5) days and no more than thirty (30) days ifa notice to appear is issued. If, upon personal investigation, a Code Enforcement Officer finds that the person has not corrected the violation within the time period, a Code Enforcement Officer may issue a citation or a notice to appear to the person who has committed the violation. A Code Enforcement Officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation or notice to appear and may immediately issue a citation or notice to appear if a repeat violation is found or if the Code Enforcement Officer has reason to believe that the violation presents a serious threat to the public heal th, safety or welfare, or if the violation is irreparable or irreversible. 2. Written warning notices, if applicable, and citations/notices to appear shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the Code Enforcement Officer or the Sheriff or other Law Enforcement Officer. Issuance of a written warning notice or citation or notice to appear to a business may be accomplished by leaving a copy at the business, during regular business hours, with any employee and informing the employee of the contents or by certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of warning notices and citations/notices to appear. Said warning notice and/or citation/notice to appear may also be served on the Registered Agent for the business. 3. After issuing a citation or notice to appear to the alleged violator, the Code Enforcement Officer shall deposit the original citation or notice to appear and two (2) copies of the citation or notice to appear with the County Court. 4. Upon issuance of a citation or notice to appear, the following options apply: a. A person who elects not to contest the citation or notice to appear may pay the civil penalty as set out herein within thirty (30) days from issuance of the citation or notice to appear; or b. The person cited may contest the citation or notice to appear in County Court. In such cases where a person wishes to contest the citation or notice to appear, the person must request, in writing, a court date from the Clerk of Courts within thirty (30) days of issuance of the citation or notice to appear. 5. A person who fails to pay the civil penalty within the established period of time, fails to request a court date, and/or fails to timely contest the citation or notice to appear shall be deemed to have waived his or her right to contest the citation or notice to appear and, in such case, judgment shah be entered against the person for the amount of the maximum civil penalty ($500.00). 6. In the event a civil judgment is entered against a person pursuant to the provisions of this Ordinance, the County may record a certified copy of said judgment in the Official Records of Collier County. Ifa person pays the civil penalty for which a c/vil judgment has been recorded, the Clerk of Courts 12C shall notify the Collier County Code Enforcement Department when the judgment has been paid and a satisfaction of judgment shall be prepared and recorded in the Official Records of Cotlier County. 7. The provisions of this Section are an additional and supplemental means of enforcing County Codes and/or Ordinances and may be used for the enforcement of any applicable County Code or Ordinance as enumerated above. Nothing contained in this Ordinance shall prohibit the County from enforcing its Codes and/or Ordinances by any other civil, administrative and/or criminal means. 8. The provisions of this Section shall not apply to enforcement, r)ursuant to §553.79, Florida Statutes, and §553.80, Florida Statutes, of the Building Codes adopted to §553.73, Florida Statutes, as they apply to construction; provided that a building permit is either not required, or has been issued by the County or a municipality. For the purpose of this Subsection, "Building Codes" means only those codes adopted pursuant to .{;553.73, Florida Statutes. SECTION TEN: FORM OF CITATIONS AND NOTICES TO APPEAR. '['he citation and notice to appear forms to be issued by the Code Enforcement Officers designated herein shall be in a form prescribed by the County and shall contain: I. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. 4. 5. 6. 7. The date and time the civil infraction was committed. The facts constituting reasonable cause. The number or section of the Code or Ordinance violated. The name and authority of the Code Enforcement Officer. The procedure for the person to follow in order to pay the civil penalty or to contest the citation or notice to appear in County Court. 8. The applicable potential civil penalty if the person elects to contest the citation or notice to appear. 9. The applicable civil penalty if the person elects not to contest the citation or notice to appear. 10. A conspicuous statement that, if the person fails to pay the civil penalty within the time allowed, and/or fails to request a hearing date and/or appear in County Court to timely contest the citation or notice to appear, such person shall be deemed to have waived the right to contest the citation or notice to appear and that, in such case, judgment shall be entered by the Clerk of Courts against the person for the amount of the maximum civil penalty of $500.00. SECTION ELEVEN: ESTABLISItlNG A SCIIEDULE OF VIOLATIONS, OPTIONS AND PENALTIES, REGARDING CITATIONS AND NOTICES TO APPEAR. 1. The Board of County Commissioners hereby establishes, pursuant to Section One, Number 4 of this Ordinance, a schedule of violations and penalties to be assessed by Code Enforcement Officers for those Codes enforced pursuant to this Ordinance. Code/Ordinance I" Offense Name* Amount Sec. 2.6.7.1 $100.00 Unlicensed Vehicles Sec. 2.6.7.3 $100.00 Commercial Vehicles Sec. 2.6.15 $100.00 Dumpsters Sec. 2.6.11 $I 00.00 Fences Sec. 2.6.7.2 $I00.00 Recreational Vehicles Sec. 2.5 $100.00 Signs Sec. 2.1.15 $100.00 Prohibited Uses Schedule of violations and penalties: ~ Offense Amount $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 ----~ Offense Amount $400.00 $400.00 $400.00 $400.00 $4O0.00 $400.00 $400.00 10 12C t Code/Ordinance 1" Offense 2n'~ Offense 3rd Offense Name* Amount Amount Amount Sec. 2.4.5 $100.00 $250.00 $400.00 Landscaping & Buffering Sec. 2.7.6, Par. I & 5 $100.00 $250.00 $400.00 Site Work Without Permit Ord. No. 89-06 $100.00 $250.00 $400.00 Housing Code Violations Ord. No. 91-47 $100.00 $250.00 $400.00 Litter/Exotics Ord. No. 93-77 $100.00 $250.00 $400.00 Noise Ord. No. 81-42 $100.00 $250.00 $400.00 Occupational License Ord. No. 93-64 $100.00 $250.00 $400.00 Right-of-Way Ord. No. 90-30 $100.00 $250.00 $400.00 Solid Waste Ord. No. 95-66 $100.00 $250.00 $400.00 Vehicle for Hire ~ *All CODES/ORDINANCES ARE DEEMED TO BE AS AMENDED. 3. The following options are available to a person who has been issued a citation or notice to appear in accordance with this Ordinance: a. If a person elects not to contest a citation or notice to appear, the person may pay the appropriate civil penalty, as set forth in this Ordinance, within thirty (30) days fi.om issuance of the citation or notice to appear to the Clerk of the Circuit Court. b. If a person elects to contest a citation or notice to appear in County Court and, after trial before the County Court, is adjudicated to have committed a violation, a civil penalty not to exceed Five Hundred ($500.00) Dollars shall be imposed by the County Court. The County Judge may also order 11 120 the violator to correct the violation. Court costs, legislative assessments and costs of prosecution, all as provided for by law, shall be assessed by the County Court. 4. If a person fails to pay the civil penalty within the time allowed, and/or fails to request a hearing and/or appear in County Court to contest the citation or notice to appear, the violator shall be deemed to have waived the fight to contest the citation or notice to appear and .judgment shall be entered by the Clerk against the person for the maximum civil penalty, in the amount of $500.00 per violation. 5. Any person who willfully refuses to sign and accept a citation issued by a designated Code Enforcement Officer shall be guilty ora misdemeanor of the second degree, punishable as provided in §775.082 or §775.083, Florida Statutes. SECTION TWELVE CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jufisdiction, such portion shall be deemed a separate, d!stinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTEEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "Sect/on," "Article," or any other appropriate word. SECTION FOURTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. 12 12C 4 PASSED AND DULY ADOPTED by the Board of county Commissioners of Collier County, Florida, this ~'-;3 day of ,~/,',',-,/,-,.'T~t , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA By: MOTHY/f.. hANCOCK, CHAIRMAN Approved as to form and legal sufficiency: Chief Assistant County Attorney h:~ordinances97'~c ihation procedord .rrn 13 12C STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true cody of: ORDINANCE NO. 97-35 Which was adopted by the Board of County Commissioners on the 5th day of August, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 8th day of August, 1997. DWIGHT E. BROCK .. , '~ .. Clerk of Courts and 'Clerk" ~'°:'~ Ex-officio to Board' Of ., , :' County Commissioners .!, i -~ ', ,.. , . ~,,',~,;~1..,,,? Deputy Clerk %, .-? ~"~ "'~: COLLIER COUNTY FLORIDA REQUEST FOR LEGAL AD~"ERTISING OF PUBLIC ItEARINGS To: Clerk to the Board: Please place lhe following as a: X Normal legal .~.dvertisement (Display Adv., location, etc.) [] Other: 120 Petition No, (I1' none, give brief description}: AV 97-013 Petitioner: (Name & Address): 951 Land Holdings Joint Venture, 4001 Tamiarm Trail North #350, Naples, FL 34103 Name & Address of any person(s) Io be notified by Clerk's Office: (If more space is needed, at. ch separate sheet) See ar}ached list. Hearing before X BCC BZA Other Requested }{eating ch}e: (Based on advemsement app~:armg l0 cl~ys before hearing.) July 29. 1997 Newspaper(s) to be used: (Complete only if important): X Naples Daily News [] Other X Legally Required Proposed Text: (Include legal description & common location & Size): PETITION AV 97-013 TO VACATE ALL PUBLIC ROAD RIGHTS OF WAY AND UTILITIES EASEMEN'FS AND DEDICATIONS WIT}tIN THAT PORTION OF CHAMPIONSHFP DRIVE (F/D/A MARRIOTT CLUB DRIVE) LYING EASE OF THE COLLIER COUNTY WATER-SEWER DISTRICT PUMP STATION; FIDDLER'S CREEK PARKWAY (FYi, UA TOURNAMENT BOULEVARD); CLUB CENTER BOULEVARD (F,~/A CHAMPIONSHIP DRIVE, AS SHOWN ON THE MARCO SIIOR. ES UNIT 30 GOLF COURSE PLAT; AND 'IHAT CERTAIN 60 FOOT ROADWAY EASEMENT RECORDED AT O R BOOK 1557, PAGE 2335, ET SEQ; ALL LOCATED IN SECTIONS 14 & 15, TOW'NSHIP 51 SOUTtt. RANGE 26 EASE. COLLIER COUNTY, FLORIDA. Companion pedfion(s), if any & proposed heating date: Does Petition Fee include ad'.'cmsmg cosf.' X Yes [] No If Yes, '.,.'hat accounl should be charged for advenismg costs: 101-163610-649100 Division }icad List Art:,chmcnts: Pc}ilion and Resol,mon. Approved by: Counly Manager Daic DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document Is involved, be sure that any necessary legal review, or request for same, is submitted to Count)' Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve ~md subrrdt original to Clerk's Office, retaining a copy for file. o~c~,s omc~ us~ ~uv: I ~ Date Received: ~ Date of ~blic he.g: ~ PHONE NO: (941) 774-8406 1~ i ~-o2] 16:14 ~03'46 ~02' 10 186 ) 07-03J 08:23 ~ ~7-~3~ ~:57 ~2'33 1~ ) ~m 16:12 192 m ~-~=2~ m i~ I ~v-~ 92634864 918135'773575 9263.4864 941642148'? 92634864 92634864 92634864 914073844915 914873844915 ,92634864 0 3 3 TOTAL MPGS 68 ~1~ 068C0~A 13 068C~3F 068C~13 068C8~0000E~ 11 2f~C010000008A~ 068C~3F 12C 5 July 8, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition AV-97-013 DeaI Judi: Please advertise the above referenced notice two times, one time on Sunday, July 13, 1997, and one time on Sunday, July 20, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700897 12B 5 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JULY 29, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AV 97-013, Young, van Assenderp and Varnadoe, P.A. as agent for owner, 951 Land Holdings Joint Venture, with a request to vacate all public road rights of way and utilities easements and dedications within that portion of Championship Drive (F/K/A Marriott Club Drive) lying east of the Collier County Water-Sewer District Pump Station Property described in the Special Warranty Deed recorded at O.R. Book 1755, Page 361, et seq, Public Records of Collier County, Florida; Fiddler's Creek Parkway (F/K/A Tournament Boulevard): Club Center Boulevard (F/K/A Championship Drive), as shown on the Marco Shores Unit 30 Golf' Course Plat; and that certain 60 foot roadway easement recorded at O.R. Book 1557, Page 2335, et seq, Public Records of Collier County, Florida; all located in Sections 14 & 15, Township 51 South, Range 26 'East, Collier County, Florida. All interested parties arc invited to attend, to register to speak and to submit their objections, if any, in writing, to thc Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. tlANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbirctti, Deputy Clerk (SEAL) NOTICE OF PUBLIC HEARING 120 5 Notice is hereby given that thc Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JULY 29, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AV 97-013, Young, van Assenderp and Varnadoe, P.A. as agent for owner, 951 Land Holdings Joint Venture, with a request to vacate all public road fights of way and utilities easements and dedications within that portion of Championship Drive (F/K/A Marriott Club Drive) lying east of the Collier County Water-Sewer District Pump Station Property described in the Special Warranty Deed recorded at O.R. Book 1755, Page 361, et seq, Public Records of Collier County, Florida; Fiddler's Creek Parkway (FFKJA Tournament Boulevard); Club Center Boulevard (F/K/A Championship Drive), as shown on the Marco Shores Unit 30 Golf Course Plat; and that certain 60 foot v~adway easement recorded at O.R. Book 1557, Page 2335, et seq, Public Records of Collier County, Florida; all located in Sections 14 & 15, Township 51 South, Range 26 East, Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'IlMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) ' 12C 5 July 8, 1997 Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive Naples, Florida 34108 Re: Notice of Public Hearing to consider a Petition AV-97-013 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 13, 1997 and Sunday, July 20, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: 951 Land Holdings Joint Venture 5 July 8, 1997 951 Land Holdings Joint Venture 4001 Tamiami Trail North #350 Naples, FL 34103 Re: Notice of Public Hearing to consider a Petition AV-97-013 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 13, 1997 and Sunday, July 20, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Young, van Assenderp & Varnadoe, P.A. 12C July 8, 1997 City National Bank, as Trustee 25 West Flagler Stret Miami, FL 33130 Re: Notice of Public Hearing re Petition AV-97-013 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997, as indicated on the enclosed notice. Th~ legal notice pertaining to the petition will be published in the Naples Daily News on Sunday, July 13 1997 and Sunday, July 20, 1997. ' If you have any questions regarding this petition, please contact Mr. Russ Muller (941) 774-8494. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Sue Barbiretti, Deputy Clerk Encl. sb 12C July 8, 1997 Parcel Z, Inc. 1285 Avenue of the Americas New York, NY 10019 Re: Notice of Public Hearing re Petition AV-97-013 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997, as indicated on the enclosed notice. Th3 legal notice pertaining to the petition will be published in the Naples Daily News on Sunday, July 13, 1997 and Sunday, July 20, 1997. If you have any questions regarding this petition, please contact Mr. Russ Muller (941) 774-8494. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Sue Barbiretti, Deputy Clerk Encl. sb 12C 5 July 8, 1997 Pelican Lake Limited Partnership 2330 West Joppe Road, Suite 210 Lutherville, MI) 21093 Re: Notice of Public Hearing re Petition AV-97-013 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997, as indicated on the enclosed notice. The legal notice pertaining to the petition will be published in the Naples Daily News on Sunday, July 13, 1997 and Sunday, July 20, 1997. If you have any ~aestions regarding this petition, please contact Mr. Russ Muller (941) 774-8494. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Sue Barbiretti, Deputy Clerk Encl. sb 12C 5, July 8, 1997 United Ventures Limited Partnership 1672 River Road Maumee, OH 43537-3500 Re: Notice of Public Hearing re Petition AV-97-013 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997, as indicated on the enclosed notice. The legal notice pertaining to the petition will be published in the Naples Daily News on Sunday, July 13, 1997 and Sunday, July 20, 1997. If you have any questions regarding this petition, please contact Mr. Russ Muller (941) 774-8494. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Sue Barbiretti, Deputy Clerk Encl. sb 12C 5 July 8, 1997 Board of County Commissioners Collier County Water-Sewer District 3301 East Tamiami Trail Naples, FL 34112 Re: Notice of Public Hearing re Petition AV-97-013 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997, as indicated on the enclosed notice. The legal notice pertaining to the petition will be published in the Naples Daily News on Sunday, July 13, 1997 and Sunday, July 20, 1997. If you have any questions regarding this petition, please contact Mr. Russ Muller (941) 774-8494. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Sue Barbiretti, Deputy Clerk Encl. sb 12C 5 July 8, 1997 Young, vanAssenderp & Varnadoe, P.A. 801 Laurel Oak Drive Naples, Florida 34108 Re: Notice of Public Hearing to consider a Petition AV-97-013 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 13, 1997 and Sunday, July 20, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Enclo cc: 951 Land Holdings Joint Venture ~apLas, FL 339~0 Naples Daily He~s 12C 5 BOARD OF COUHTY CO~4~iSSIOltERS ATTN: NANCY SALOGU8 PO BOX &lDO16 NAPLES FL 3~10~-~)16 REFERENCE: 0012~0 S7537~47 NOTICE OF P~iC H£A State of FLorida County of Collier Before the ur~der$ign~ aut~x>rity, i>erlon~lly appeared B. la~b, vho ~ ~th saye t~t she larvas as the A~iltant Cor~rete Secreta~ of the ~plem Daily H~s, a daily n~vs~r ~LJ~ at ~pLes, Jn CoLL~er C~nty, FLorida; t~t t~ attach~ n~s~r ~ dates Affiant further says t~t the ~d ~les Ditty Collier C~y, FLorJ~, ~ t~t t~ laid n~r ~1 heretofore ~bL~ in said Collier C~ty, F~or~, elch ~tter et the ~st office tn ~Les, Jn said Collier C~nty, FLor~, for a ~ri~ of 1 year nex~ prec~J~ the first ~LJcatt~ of the attach~ co~ of ~vertJse~t; ~ affiant furt~r says that she ~s ~Jt~r ~Jd ~r pr~is~ any ~rs~, firm or c~ratJ~ ~y dJsc~t, re~te, c~ssi~ or ref~ for the ~r~se of securt~ this ~ert~s~t fo~ ~Ltca~ tn the said PUBLISHED Off: 07/L>O AD SPACE: 66.000 INCH FILED Ot~: 07/21/97 Signature of Affiant //~' - J'¥ ~ $~orn to and Subscribed ~fore ~ thts.~22- day of . ~,Z~. NOTICE C~ ~'u~N.x: HF_ARING Notice Is he~y given ~ the Board Coun~ C~nml~ers of ~ ~, ~Y ~,1~, h ~ ~ ~d F~, Admlnhk~ Bulldl~, ~111~ ~ ~ ~, ~I ~ T~ Tr~, ~ F~ ~ ~ ~ ~ ~ ~ ~d ~fl ~ P~ AV ~13, Y~ ~ A~ ~ V~, P~, m ~ fm ~, ~1 L~ ~ J~ Ve~e, ~ a r~ ~ C~ ~ ~/K/A ~ r~ ~ O.R~ USS, ~ F~ F~'s ~ P~ (F/~/A ~ r~ ~ 0~. ~ 15D, ~O ~ ~ C~S Tl~ ~ ~, ~ ~ : ~ 1~I~5 120 RESOLUTION NO. 97 RESOLUTION FOR PETITION AV 97-013 TO VACATE ALL PUBLIC ROAD RIGHTS OF WAY AND UTILITIES EASEMENTS AND DEDICATIONS WITtlEN THAT PORTION OF CttAMPIONSHIP DR/VE (F/K/A MARRIOTT CLUB DRIVE) LYING EAST OF THE COLLIER COUNTY WATER-SEWER DISTRICT PUMP STATION PROPERTY DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED AT O.R. BOOK 1755, PAGE 361, ET SEQ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; FIDDLER'S CREEK PARKWAY (F/K/A TOURNAd~IENT BOULEVARD); CLUB CENTER BOULEVARD (F/K/A CtIAMPIONSHiP DRIVE), AS SttOWN ON THE MARCO SHORES UNIT 30 GOLF COURSE PLAT; AND THAT CERTAIN 60 FOOT ROADWAY EASEMENT RECORDED AT O.R. BOOK 1557, PAGE 2335, ET SEQ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; ALL LOCATED IN SECTIONS I4 & 1.5, TOWNSHIP .51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR/DA. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Young, van Assenderp and Varnadoe, P.A. as agents for petitioners, 951 Land Holdings Joint Venture, do hereby request the vacation of all public road rights of way and utilities easements and dedications within that portion of Championship Drive (F/K/A Marriott Club Drive) lying east of the Collier County Water-Sewer District Pump Station Property described in the Special Warranty Deed recorded at O.R. BOOK 1755, PAGE 361, ET SEQ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: Fiddler's Creek Parkway (F/K/A Tournamen't'-Boulevard): Club Center Boulevard (F/K/A Championship Drive), as shown on the Marco Shores Unit 30 Golf Course Plat: and that certain 60 foot roadway easement recorded at O.R. BOOK 1557. PAGE 2335. ET SEQ: all located in SECTIONS 14 & 15, TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA; and WHEREAS, the Board has this day held a public hearing to consider vacating said road rights of way and utilities easements and dedications as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or rivht of convenient access of' other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that public rights of ingress/egress, and utilities easements and dedications in the following are hereby vacated: Within that portion of Championship Drive (F/K/A Marriott Club Drive) lying east of the Collier County Water-Sewer District Pump Station Property described in the Special Warranty Deed recorded at O,R. BOOK 1755, PAGE 361, ET SEQ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; Fiddler's Creek Parkway (F/K/A Tournament Boulevard); Club Center Boulevard (F/K/A Championship Drive). as shown on the Marco Shores Unit 30 Golf Course Plat: and that certain 60 foot roadway easement recorded at O.R. BOOK 1557. PAGE 2335, ET SEQ: all located in SECTIONS 14 & 15. TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to advertise the adoption of this Resolution once in a paper of general circulation in the County within 30 days following adoption. BE IT FURTHER RESOLVED. that the clerk is hereby directed to record a certified copy of this Resolution. the proof of publication of the notice of public hearing, and the proof of publication of the notice of actoption of this Resolution in the Public Records of Collier County. Florida. and to make proper notations of this vacation. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency Heidi F. Ashton "'"'-" Assistant Collier County Attorney 2'fiddlcrs~reso. I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Timothy L. Hancock. Chairman 120 5 Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS Pt..ANtlERS SURVEYORS LEGAL DESCRIPTION H.M.A. PROJECT #93.132 FEBRUARY 17, 1997 REF. DWG. B-1998 PAGE I OF 4 A PARCEL OF LAND LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A PORTION OF CHAMPIONSHIP DRIVE, TOURNAMENT BLVD. AND MARRIOTT CLUB DRIVE OF MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 FAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 00'18'41' W., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1398.76 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH ONE HALF OF THE NORTHEAST QUARTER OF SECTION 15; THENCE RUN N. 89'13'52" W., ALONG THE NORTH LINE OF THE SOUTH ONE HALF O~ THE NORTHEAST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 1703.66 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY LINE OF CHAMPIONSHIP DRIVE, AS THE SAME IS SHOWI~ ON MARCO SHORES UNIT 30 GOLF COURSE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A CIRCULAR CURVE CONCAVE SOUTHERLY, WHOSE RADIUS POINT BEARS S. 18°31'18" W. A DISTANCE OF 1050.00 FEET THEREFROM; AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE, HAVING A RADIUS OF 1050.00 FEET, THROUGH A CENTRAL ANGLE OF 02"05'06", SUBTENDED BY A CHORD OF 3~;21 FEET AT A BEARING OF S. 70"26'09" E., FOR A DISTANCE OF 38.21 FEET TO THE END OF SAID CURVE; THENCE CONTINUE ALONG THE RIGHT-OF.WAY LINES OF CHAMPIONSHIP DRIVE, TOURNAMENT BLVD. AND MARRIOTT CLUB DRIVE AS THE SAME ARE SHOWN ON SAID MARCO SHORES UNIT 30 GOLF COURSE FOR THE FOLLOWING 35 COURSES; 1. THENCE RUN S. 69'23'36" E. FOR A DISTANCE OF 488.93 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1209.66 FEET, THROUGH A CENTRAL ANGLE OF 19'50'16", SUBTENDED BY A CHORD OF 416.74 FEET AT A BEARING OF S. 79'18'44" E., FOR A DISTANCE OF 418.83 FEET TO THE END OF SAID CURVE; THENCE RUN S. 89"13'52" E. FOR A DISTANCE OF 655.14 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2050.00 FEET, THROUGH A CENTRAL ANGLE OF 32"08'39", SUBTENDED BY A CHORD OF 1135.07 FEET AT A BEARING OF S. 73"09'32" E., FOR A DISTANCE OF 1150.09 FEET TO THE END OF SAID CURVE; THENCE RUN S. 57'05'13" E. FOR A DISTANCE OF 564.49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 4050.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BY A CHORD OF 860.99 FEET AT A BEARING OF S. 50"59'07" E., FOR A DISTANCE OF 862.62 FEET TO THE END OF SAID CURVE; 10550 AI3ERNATHy STREET 8ONI?A SPRINGS, FLORIDA 33923 94 ~-992-0795 FAX 941-902-2327 H.M.A. PROJECT #93.132 FEBRUARY 17, 1997 REF. DWG. B-1998 PAGE 2 OF 4 THENCE RUN S. 44'53'00' E. FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; 8o THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S. 69'53'00' E., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 11. THENCE RUN S. 44°53'00" E. FOR A DISTANCE OF 100.00 FEET; THENCE RUN S. 45'07'00' W. FOR A DISTANCE OF 342.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1950.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12", SUBTENDED BY A CHORD OF 478.22 FEET AT A BEARING OF S. 38'04'24" W., FOR A DISTANCE OF 479.42 FEET TO THE END OF SAID CURVE; 12. 13. THENCE RUN S. 31'01'48" W. FOR A DISTANCE OF 93.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90"00'00", SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S. 13'58'12" E., FOR A DISTANCE OP~78.54 FEET TO THE END OF SAID CURVE; 14. 15. THENCE RUN S. 58'58'12" E. FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 4050.00 FEET, THROUGH A CENTRAL ANGLE OF 08°44'55", SUBTENDED BY A CHORD OF 617.80 FEET AT A BEARING OF S. 54'35'44" E., FOR A DISTANCE OF 618.40 FEET TO THE END OF SAID CURVE; 16. 17. 18. 19. 20. 21. THENCE RUN S. 50'13'17' E. FOR A DISTANCE OF 800.51 FEET; THENCE RUN S. 39°46'43' W. FOR A DISTANCE OF 100.00 FEET; THENCE RUN N. 50'1'3'17' W. FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGEHTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHVVESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3950.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55", SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF N. 54'35'44" W., FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; THENCE RUN N. 58'58'12' W. FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S. 76'01'48' W., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; H.M.A. PROJECT #93.132 FEBRUARY 17, 1997 REF. DWG. B-1998 PAGE 3 OF 4 22. 23. 24. 25. 26. 27. 28. 29. 30. THENCE RUN N. 58°58'12- W. FOR A DISTANCE OF 100.00 FEET; THENCE RUN N. 31'01'48" E. FOR A DISTANCE OF 293.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12", SUBTENDED BY A CHORD OF 502.74 FEET AT A BEARING OF N. 38'04'24' E., FOR A DISTANCE OF 504.01 FEET TO THE END OF SAID CURVE; THENCE RUN N. 45'07'00" E. FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF N. 00'07'00" E., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; THENCE RUN N. 44'53'00" W. FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3950.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BY A CHORD OF 839.73 FEET AT A BEARING OF N. 50'59'07" W., FOR A DISTANCE OF 841.32 FEET TO THE END OF SAID CURVE; THENCE RUN N. 57°05'13" W. FOR A DISTANCE OF 564.49 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC Of SAID CURVE tO THE LEFT, HAVING A RADIUS OF 1950.00 FEET, THROUGH A CENTRAL ANGLE OF 32°08'39", SUBTENDED BY A CHORD OF 1079.70 FEET AT A BEARING OF N. 73'09'33" W., FOR A DISTANCE OF 1093.99 FEET TO THE END OF SAID CURVE; 31. THENCE RUN N. 89°13'52" W. FOR A DISTANCE OF 655.14 FEET TO THE DEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; 32. THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1309.66 FEET, THROUGH A CENTRAL ANGLE OF 19°50'16", SUBTENDED BYA CHORD OF 451.19 FEET AT A BEARING OF N. 79°18'44' W., FOR A DISTANCE OF 453.45 FEET TO THE END OF SAID CURVE; 33. 34. THENCE RUN N. 69'23'36" W. FOR A DISTANCE OF 488.93 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 950.00 FEET, THROUGH A CENTRAL ANGLE OF 19'50'16", SUBTENDED BY A CHORD OF 327.28 FEET AT A BEARING OF N. 79'18'44" W., FOR A DISTANCE OF 328.92 FEET TO THE END OF SAID CURVE; H.MA. PROJECT ~93.132 FEBRUARY 17, 1997 REF. DWG. B-1998 PAGE 4 OF 4 35. THENCE RUN N, 89'13'52" W. FOR A DISTANCE OF 569.97 FEET TO THE NORTHEAST CORNER OF A COUNTY UTILITY EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1755 AT PAGES 367 THROUGH 369 OF THE PUBLIC RECORDS OF COLLIER COUNFFY, FLORIDA; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE RUN N. 00'46'08" E. FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF. WAY LINE OF CHAMPIONSHIP DRIVE THE SAME BEING A POINT ON THE NORTH LINE OF THE SOUTH ONE HALF OF THE NORHTEAST QUARTER OF SECTION 15; THENCE RUN C. 89'13'52" E.,' ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE AND ALONG THE NORTH LINE OF THE SOUTH ONE HALF OF THE NORTHEAST QUARTER OF SECTION 15, FOR A DISTANCE OF 890.13 FEET TO THE P_QINT OF BEGINNING; CONTAINING 19.6207 ACRES, MORE OR LESS. ~ SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST UNE OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR,DA, AS BEING S. 00.18,41. W. HOLE, MONTES AND ASSOC ATES, INC. CERTIFICATE OF AUTHORIZATION LB# 1772 0 o o 5 EXHIBIT 2F List of abutting and other property owners within 250 feet of proposed vacation. City National Bank, as Trustee 25 West Flagler Street Miami, FL 33130 Parcel Z, Inc. 1285 Avenue of the Americas New York, NY 10019 Pelican Lake Limited Partnership 2330 West Joppe Road, Suite 210 Lutherville, MD 21093 United Ventures Limited Partnership 1672 River Road Maumee, OH 43537-3500 Board of County Commissioners Collier County Water-Sewer District 3301 E. Tamiami Trail Naples, FL 34112 5 " 120,5 '' EX/II/lIT "2b" PETITION AV-97-013 AMENDED STATEMENT OF GENERAL PUBLIC BENEFIT RESULTING FROM THE VACATION I. Backgr0und~ The road right-of-way (including all utility easements, if any, located with the road right-of-way), which the Petitioner proposes that the County vacate, currently,, provides little benefit to County residents and is located entirely within Petitioner's property knBwn as F;ddler's Creek Planned Unit Development. The right-of-way to be vacated is east of the entry to the Collier County Water-Sewer District master pump station. That portion of Championship Drive 'vest of and including the entry driveway to the pump station to thc intersection of Championship Drive and State Road 951 is not to be vacated. The westerly portion of Championship Drive which will not be vacated will continue to provide the convenient existing access to the Pelican Lakes Recreational Vehicle Park property currently under construction, the owner of which has refused to sign a letter of no objection, and from whom such a letter is unnecessary because the existing improved access is unaffected by this Petition. The remaining roadways to be vacated lead directly to the Marriott's semi-private golf course with no connection to any other roads. The owner of the Marriott Golf Course property has no objection to the vacation, and retains unimpeded access over the vacated right-of-way. As a result of the vacation, a portion of Championship Drive immediately east of the County Water-Sewer District master pump station will be relocated to the south of its present location as shown in the attached graphic entitled, "Championship Drive Relocation and Proposed Improvements." 1205 2. l~liminate County Maintenance Co.sts and ResPonsibilities. The approximately two (2) miles of improved roadway to be vacated will no longer be a maintenance responsibility of Collier County, thereby saving the public expenses associated with such maintenance responsibilities. According to the Collier County Transportation Department, the average roadway maintenance cost is approximately $2,500.00 per year, per lane, per mile. In the case of the improved two lane roadway that is the subject of the vacation petition, the public will re. flize a savings of approximately $10,000.00 per year. 3. .R¢placement Of Questionable Utility Easements. The plat for Marco Shores Unit 30 Golf Course states in the Dedication paragraphs of the Plat: ~... hereby dedicate the streets and rights-of-way as shown; and do grant the easements, as shown and noted in the general notes, to the entities described herein, all in accordance with and subject to the general notes contained herein.., a non-exclusive utility easement (U.E.) as indicated on the plat for the purpose of construction, installation, maintenance and operation of electric, telephone and cable television facilities and service.' The General Notes paragraphs on the Plat, number 9, states: 'U.E. indicates utility casements located within the dedicated rights-of-way." However, no "U.E." notations appear on the Plat. These attempted utility easement dedications do not comply with the requirements of Section 177.091 (16), Florida Statutes, that "Location and width of easements shall be shown on the Plat or in the notes or legend, and their intended use shall be clearly stated." As a matter of general public benefit, Petitioner proposes to eliminate any doubt or confusion as to whether any such utility easements exist by vacating the rights-of-way and all utility easements, if any, that exist within the rights-of-way, and to issue new utility easements by separ,-.tc insu'umcnts for electric, telephone and cable television providers. A new utility easement is also being provided to the Collier County Water-Sewer District. All replacement easements, which include the relocated portion of Championship Drive, are included in Petition Exhibit "2k". The Petitioner will bear the cost of relocating the County's water line along the relocated portion of Championship Drive, and will follow required County acceptance procedures upon completion of construction of the relocated water line. 4. Consistency with Fiddler's Creek PUD and Master Plan. Section 11.3d of Ordinance No. 96-74 (the Fiddler's Creek Planned Unit Development Ordinance) states: "It is intended that the major road system within Fiddler's Creek will be developed and maintained by the Fiddler's Creek Community Development District. Developer may, at its option, develop any roadway within Fiddler's Creek as a private road." Vacation of the platted roadway is consistent with, and necessary to effectuate the Fiddler's Creek PUD Ordinance which has already determined that placing this roadway in the ownership of the Fiddler's Creek Community Development District and/or the property owner is of general public benefit. 5. Improvement of Other Existing Public Access Easement Along Property Line. Upon vacation of improved roadway and the sixty foot wide diagonal roadway easement, the Petitioner will improve an existing sixty foot wide roadway easement that runs on each side of the common property lines of the Fiddler's Creek PUD and the Southwoods PUD (a/Ida Pelican Lake). The improvement will be from a point parallel to the point where the improved roadway is vacated to a point equal to the southeastern corner of the diagonal easement, all lying within that east-west easements of record and shown on the Marco Shores Unit 30 Golf Course Plat. This improvement will benefit the public by providing improved permanent access in compliance with Collier County Code requirements to the Southwoods Pelican Lake property. The sixty (60) foot diagonal roadway easement sought to be vacated has never been improved and was intended only as a temporary measure, as set forth in' paragraph 3 of the 3 Easement document entitled, 'Termination of Easement.' On the attached graphic entitled, "Championship Drive Relocation and Proposed Improvements," this sixty (60) foot diagonal easement is shown. This easement sought to be vacated was granted in August of 1990. Subsequent to the grant of this easement, Marco Shores Unit 30 Golf Course was formally platted and approved in November 1990. The approval of Marco Shores Unit 30 Golf Course Plat, and the Petitioner's commitment to improve the existing 60 foot public easement on both sides of the common property line of the Pelican Lake RV Park as referenced in the preceding paragraph, provides the "alternate roadway easement and/or right-of-way which provides similar pedestrian and vehicular ingress and egress to SR 951 as that provided in the sixty (60) Roadway Easement," thereby triggering the "Termination of Easement Clause' referenced earlier. Use of fire vacation process as an alternative to reliance on the 'Termination of Easement" clause is intended to clearly and definitely demonstrate in the public record that the easem.:nt no longer exists. 6. Hither Property VaIues for Parcels within Fiddler's Creek in Championship Drive p, eIgcafion Area. As a result of the vacation, the relocated portion of Championship Drive will serve to separate and buffer residential development in Fiddler's Creek from the adjacent Pelican Lake RV Park. Leaving Championship Drive as it exists will place Fiddler's Creek residential development closer to the RV Park, cause RV Park traffic to travel through the residential area, and negatively impact the value of those residential parcels because of the proximity to the high density RV Park and RV Park traffic. 6*rba~octition.rv 774-8406 ~ 88-85 89:18 88' 83' 17 92634864 251 08-~ 89:21 ~' ~.41 9417746179 ~2 ~-85 15:52 ~'81'52 941 643 5716 ~3 ~-~ ~9:34 ~'~2' 1~ 941 261 6747 ~ 4 ~11 ~ ~-~ 12:~ ~'01'18 1 941 ~ 92~ ~ 2 ~12 ~ ~-O7 ~: 5~ ~' ~2' ~4 926~4~4 ~ ~ ~ ~~ 14 ~9 ~-~ 1~:21 ~01'54 926~864 ~ ~ ~~11 ~ ~8-~ 11: HJ ~' ~2' ~9 9~4 ~ 4~ ~~IC ~1 ~-~? 1J:49 ~'~2'15 94159121~ ~ 5 ~~11 ~2 ~-~ 1~:~ ~'~ 941 5~ 1~ ~ ~-GT, 15:56 ~' ~1'~ 9~864 ~ ~ ~~14 ........ TOT~ ~S 12C $ August 8, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition AV-97-013 Dear Judi: Please advertise the above referenced notice one time on Sunday, August 17, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sinc¢}rely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700897 12C 5: PUBLIC NOTICE Notice is hereby given that on the 5th day of August 1997, the Board of County Commissioners of Collier County, Florida, adopted Resolution 97-315, re Petition AV-97-013 pursuant to Sections 336.09 and 336.10, Young, vanAssenderp and Varnadoe, P.A. as agent for owner, 951 Land Holdings Joint Venture, with a request to vacate all public road rights of way and utilities easements and dedications within that portion of Championship Drive (F/K/A Marriott Club Drive) lying east of the Collier County Water-Sewer District Pump Station Property described in the Special Warranty Deed recorded in O.R. Book 1755, Page 361, et seq, Public Records of Collier County, Florida; Fiddler's Creek Parkway (F/K/A Tournament Boulevard); Club Center Boulevard (F/K/A Championship Drive), as shown on the Marco Shore Unit 30 Golf Course Plat,; and that certain 60 foot roadway easement recorded in OoR. Book 1557, page 2335, et seq, Public Records of Collier County, Florida; all located in Sections 14 & 15, Township 51 South, Range 26 East, Collier County, Florida. Resolution 97-315 may be viewed in the Office of the Clerk to the Board Office, Minutes & Records Department, 4th Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. BOARD OF COUNTY COPIMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMA/~ DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) ~ptes Deity ~pLes, FL 339~,0 Afflc~e~tt of Pubti~tloen ~pLes Oetly 8OARO OF COUHTY COe~ISSIONERS ATTH: HAJ~CY SALOGUB BOX 41~6 I~APLES FL ~101-3~16 REFERENCE: O(r1~30 701061 57549&97' Pt~LIC NOTICE Notice State of FLorida Co~Jnty of CoLlier ~for~ the ~ermign~ ~t~rtty, o~8r~ 8. La~, ~ ~ ~th s~s t~t s~ serves DaiLy N~s, a ~tLy n~s~r ~Lts~ it ~pLes, ~n CoLLier C~ty, FLort~: t~t c~ of t~ ~verttst~ vas ~Ltj~ n~s~r ~ ~tes Ltet~ Affiant further ~ys t~t t~ ~td ~Les DaiLy N~s is a ~r ~Lts~ CoLLier C~ty, FLort~, ~ t~t t~ said n~s~r ~ heretofore ~ ~tt~sLy ~bLi~ tn ~td CoLLier C~ty, FLort~, each ~y ~ ~s ~ ~ter~ as mec~ cLas~ ~tter at the ~t office tn ~Les, ~n ~id CoLLier C~:y, FLort~, for next prec~i~ the first ~Ltcatt~ ~ the attach~ c~y of ~vertt~t; ~ affiant further say~ that s~ ~a ~it~r ~td pr~ts~ any ~r~, firm or ~rett~ any disc~t, r~te, ~tsst~ or ref~ for the ~r~se of securi~ th~s ~ertis~t for ~bLicatt~ in the ~aJd ~s~r. PUBLISHED ON: C~/17 AD SPACE: 53.000 INCH FZLED C~: C)~/18/97 Signature of Affiant / ~ S~rn to ~ S~acrt~ ~fore ~ this Affic~vit of P~bLic~on ~Les Daily N~$ 12g .5 BOARD OF CCX/HTY COI'~SSIONE~S ATTH: NANCY SALOGU~ PO ~ox NAPLES FL 34101-3016 REFERENCE: 0012143 7OC~Z,O 57537347 ISOTICE OF P*deL~C HEA State of FLorida County of Collier Before the u~dersigned ~thority, per~x~a[ly appeared a. La~, ~ ~ ~th ~ys t~t she se~es a~ ~he A~htant Cat,rate Secretary of the ~:e~ Oo~Ly N~s, i ~Ly n~s~r ~Hs~ it ~Les Jn CoLHer C~ty, FLorJ~: t~t t~ ettec~ c~ of t~ ~vertJH~ ~s ~LJs~ in ~Jd n~s~r ~ date~ Hst~ Affiant further says t~t t~ *aid ~Les Daily N~s ~s · n~s~r ~Lt~ at ~Les, tfl said Collier C~nty, F~oH~, ~ t~: the ~Jd n~s~r ~s heretofore ~ ~tJ~sLy ~bLish~ 4fl saJd CoLHer C~ty, Flort~, each day o~ ~s ~en ~ter~ os sec~ class Mil Miter at the ~st office Jfl ~es, tn ~td CoLLter C~ty, FLoH~, for a ~r~ of 1 year next prec~t~ the first ~tcott~ of the attach~ c~ of ~trtts~t; a~ 8fftaflt further says t~t a~ ~s ~it~r ~id ~r pr~ts~ ~y ~r~, fire or ~ratJ~ a~ disc~t, r~te, ~tsst~ or ref~ for the ~r~se of secuH~ this ~er~is~t for ~bltcati~ ~n the said ~s~per. PUBLISHED 0~: 0?/20 A0 SPACE: 66.000 INCH HLE0 Off: 07/2q/97 S~orn to and Subscribed before ee this / ~- day of Jif ~, ALY. Tro~ 1ZC 5 RESOLUTION NO97- 315 RESOLUTION FOR PETITION AV 97-013 TO VACATE ALL PUBLIC ROAD RIGHTS-OF-WAY AND UTILITIES EASEMENTS AND DEDICATIONS WITHIN THAT PORTION OF CHAMPIONSHIP DRIVE (F,qC/A MARRIOTT CLUB DRIVE) LYING EAST OF THE COLLIER COUNTY WATER-SEWER DISTRICT PUMP STATION PROPERTY DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED AT O.R. BOOK 1755, PAGE 361, ET SEQ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; FIDDLER'S CREEK PARKWAY (F/KJA TOURNAMENT BOULEVARD); CLUB CENTER BOULEVARD (F/K/A CHAMPIONSHIP DRIVE), AS SHOWN ON THE PLAT OF MARCO SHORES UNIT 30 GOLF COURSE; AND THAT CERTAIN 60 FOOT ROADWAY EASEMENT RECORDED AT O.R. BOOK 1557, PAGE 2335, ET SEQ, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; ALL LOCATED IN SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA o~ WHEREAS, pursuant to sections 336.09 and 336.10, Florida Statutes, Young, Van Assenderp and Varnadoe, P.A. as agents for petitioners, 951 Land Holdings Joint Venture, do hereby request the vacation of all public road fights-of-way and utilities easements and dedications within that portion of Championship Drive (F/K/A Marriott Club Drive) lying east of the Collier County Water-Sewer District Pump Station Property described in the Special Warranty Deed recorded at O.R. Book 1755, Page 361, ET SEQ, Public Records of Collier County, Florida; Fiddler's Creek Parkway (F/K/A Tournament Boulevard); Club Center Boulevard (F/K./A Championship Drive), as shown on thc plat of Marco Shores Unit 30 Golf Course; and that certain 60 foot roadway easement recorded at O.R. Book 1557, Page 2335, ET SEQ; all located in Sections 14 and 15, Township 51 South, Range 26 East, Collier County, Florida; and WHEREAS, the Board has this day held a public heating to consider vacating said road fights-of-way and utilities easements and dedications as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or fight of convenient access of other property owners. WHEREAS, the vacation and abandonment of that portion, described below, of the public road rights-of-way recorded on thc plat of Marco Shores Unit 30 Golf Course as recorded in Plat Book 17, Pages 98 through 103, inclusive would benefit the general public welfare and is in the best interest of the public in the following particulars: I. The petitioner is granting a replacement utility casement to Collier County Water- Sewer District. 2. The petitioner is accepting the maintenance responsibility for those vacated road fights- of-way thus affording reduced maintenance cost {'or Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID, that public rights of ingress/egress, and utilities easements and dedications in the following are hereby vacated: Within the portion of Championship Drive (F,qC/A Marriott Club Drive) lying east of the Collier County Water-Sewer District Pump Station Properly Described in the Special Warranty Deed recorded at O.R. Book }755, Page 361, ET SEQ, Public Records of Collier County, Florida; Fiddler's Creek Parkway (FDrJA Tournament Boulevard); Club Center Boulevard (F/K/A Championship Drive), as shown on the plat of Marco Shores Unit 30 Golf Course; and that certain 60 foot roadway easement recorded at O.R. Book 1557, Page 2335, ET SEQ; all located in Sections 14 and 15, Township 51 South, Range 26 East, Collier County, Florida. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to advertise the adoption of this Resolution once in a paper of general circulation in the County within 30 days following adoption. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to record a certified copy of this Resolution, the proof of publication of the notice of public hearing, and the proof of publication of the notice of adoption of this Resolution in the Public Records of collier County, Florida, and to make proper notations of this vacation. This Resolution adopted after motion, second, and majority vote. DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved aS t6 form and legal sufficiebcy: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ! TIMOTHY'L. HANCOCK, Chairman RM/tnV080697/R ESO AV 97-013 Thts'~nt prepared thc. Ma~ d. Wocxflward, Esquffe Woodward, Plres & Lombardo, P.A. 801 Laurel O~k Drtve. Suite 640 Nap{es, FL 34108 Form 7 - Rev. 4/28/89 (Utility Easement Utilities Acceptance - Doc #320 OR: 2345 PG: 3392 UTILITY EASEMENT THIS EASEMENT, granted this ~ day of~, 1997, by GULF BAY 100 INC, on behalf of itself and as General Partner of GULF BAY 100, LTD., aha PARCEL Z, INC., d/b/a 951 LAND HOLDINGS JOINT VENTURE, Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, nonexclusive easement, license, and privilege to enter upon and to install and maintain water and sewer utility facilities, on the following described lands being located in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) TO HAVE AND TO }{OLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Signea, sealed and delivered in the presence of: GRANTOR: GULF BAY 100, LTD., a Florida Limited Partnership, by its General Partner: Print N~. Y~T~ OecQ~ GULF BAY/~00, INC., a Florida corpora/~on / ~ Title: as Presider and not individually Print Print Name PARCEL Z, Inc., a Florida corporation By: T-akashi Sano, President D/B/A 951 LAND HOLDINGS JOINT VENTURE STATE OF FLORIDA COUNTY OF COLLIER The foregoing.instrument was h/~,~ 1997, I 3. o nowled ed efore m., t day of Page 1 of 2 of GULF BAY 100, INC., on behalf of the corporation. an oath. STATE OF NEW YORK COUNTY OF NEW YORK as General Partner of Gulf Bay 100, Ltd., He is personally known to me and did not take Notar~ Public Commibsion No. My Commission Expires: The foregoing instrument was acknowledged before me this corporation. __ day of by TAKASHI SM[O, President of PARCEL Z, INC., on behalf of the He is personally known to me a~/~~an oath. Prin~lName: 9. Nota~l~ Public ( Co~ission No. My Co~ission Expires: JAI~'~ J. McCAR'T~ NClTA,Cly PUB~.IG, $~ale of New York N~. 05 MCSO71195 (3u~',~ l,~ New Yo~k C. ou~ty Term Expk~ Janua~f 6, ~9~9 (SEAL) o FIOOLERS~LmLITY~UT1L.EAS 2 Page 2 of 2 5 H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 2 OF 4 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.23 FEET AT A BEARING OF N.83*44'lg'E., FOR A DISTANCE OF 122.54 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35"E., FOR A DISTANCE OF 1,068.77 FEET; THENCE RUN 8.88'20'44"E., FOR A DISTANCE OF 121.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 549.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01", SUBTENDED BY A CHORD OF 421.22 FEET AT A BEARING OF S.65'47'13"E., FOR A DISTANCE OF 432.30 FEET TO THE END OF SAID CURVE; THENCE RUN S.43'13'43'E., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, H,AVlNG A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTENDED BY A CHORD OF 253.26 FEET AT A BEARING OF S.50'09'19'E., FOR A DIS','ANCE OF 253.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.57'04'56'E., FOR A DISTANCE OF 28.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG THE RIGHT-OF-WAY LINES OF CHAMPIONSHIP DRIVE AND TOURNAMENT BLVD. AS THE SAME ARE SHOWN ON SAID MARCO SHORES UNIT 30 GOLF COURSE. FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S.57'04'56'E., FOR A DISTANCE OF 564.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BYA CHORD OF 839.73 FEET AT A BEARING OF .50 58 50 E., FOR A DISTANCE OF 841.32 FEET TO THE END OF SAID CURVE; THENCE RUN S.44'52'43'E., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A ','ANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S 00'07'17"W. FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; THENCE RUN S.45'07'lT'W., FOR a DISTANCE OF 142.01 FEET TO THE BEGINNING OF ^ TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHVVESTERLY ALONG THE ARC Of SAID CURVE TO THE LEFT, HAVING a RADIUS OF 2,050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12", SUBTENDED BYA CHORD OF 502.74 FEET AT A BEARING OF S.38'04'41"W., FOR A DISTANCE OF 504.01 FEET TO THE END OF SAID CURVE; 7. THENCE RUN S.31'02'05WV., FOR A DISTANCE OF 243.18 FEET; THENCE DEPARTING THE VVESTERLY RIGHT-OF-WAY LINE OF TOURNAMENT BLVD., RUN S.58'57'55"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE; THENCE CONTINUE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE FOR THE FOLLOWING 3 COURSES: H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 3 OF 4 1. THENCE CONTINUE S.58'57'55'E., FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55", SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF S.54'35'27"E., FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.50°13'00'E., FOR A DISTANCE OF 800.51 FEET; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIOTT CLUB DRIVE, RUN S., 9 47 O0'W., FOR A DI:~TANCE OF 10.00 FEET; THENCE RUN N.50'13'O0"W., FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 601.02 FEET AT A BEARING OF N.54'35'28"W., FOR A DISTANCE OF 601.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.58'57'55'W., FOR A DISTANCE OF 1,052.53 FEET; THENCE RUN N.31'02'05"E., FOR A DISTANCE OF 253.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,060.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12", SUBTENDED BY A CHORD OF 505.19 FEET AT A BEARING OF N.38'04'41'E., FOR A DISTANCE OF 506.47 FEET TO THE END OF SAID CURVE; THENCE RUN N.45'07'lT"E., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N.00°07'17"E., FOR A DISTANCE OF 62.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.44°52'43"W., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13', SUBTENDED BY A CHORD OF 837.61 FEET AT A BEARING OF N.50'58'49%~/., FOR A DISTANCE OF 839.19 FEET TO THE END OF SAID CURVE; THENCE RUN N.57°O4'56'W., FOR A DISTANCE OF 592.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,060.00 FEET, THROUGH A CENTRAL ANGLE OF 13°51'13', SUBTENDED BY A CHORD OF 255.68 FEET AT A BEARING OF N.50'09'19"W., FOR A DISTANCE OF 256.30 FEET TO THE END OF SAID CURVE; THENCE RUN N.43'13'43"VV., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWES3 ERLY ALONG.THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 539.00 FEET, THROUGH A CENTRAL ANGLE OF 45°07'01", SUBTENDED BYA CHORD OF 413.55 FEET AT A BEARING OF N.65°47'13"W., FOR A DISTANCE OF 424.43 FEET TO THE END OF SAID CURVE; THENCE RUN N.88'20'44'W., FOR A DISTANCE OF 121.22 FEET; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 1,06~;.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 489.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 119.78 FEET AT A BEARING OF S.83'44'19'W., FOR A DISTANCE OF 120.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 511.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 125.17 FEET AT A BEARING OF S.83'44'19"W., FOR A DISTANCE OF 125.48 FEET TO THE END O? SAID CURVE; · ' 12C 5 H.M.A. PROJECT #93.132 AUGUST 28, 1997 REF.- DWG. B-2128 PAGE 4 OF 4 THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 561.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED BY A CHORD OF 144.85 FEET AT A BEARING OF N.81 4 32"W., FOR A DISTANCE OF 145.25 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 339.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED BY A CHORD OF 87.53 FEET AT A BEARING OF N.81'48'32"W., FOR A DISTANCE OF 87.77 FEET TO THE END OF SAID CURVE; THENCE RUN N 89'13'35"W , FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING .OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE,ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 89.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 46.80 FEET AT A BEARING OF S.75'31'50'W., FOR A DISTANCE OF 47[36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 128.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 67.31 FEET AT A BEARING OF S 75'31'50"W. FOR A DISTANCE OF 68.11 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35'W., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 203.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45', SUBTENDED BY A CHORD OF 162.20 FEET AT A BEARING OF N.65'40'43"W., FOR A DISTANCE OF 166.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADII. iS OF 108.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27", SUBTENDED BY A CHORD OF 61.68 FEET AT A BEARING OF N.58'38'34"W., FOR A DISTANCE OF 62.54 FEET TO THE END OF SAID CURVE; THENCE RUN N.75'og'17"W., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18", SUBTENDED BY A CHORD OF 31.85 FEET AT A BEARING OF N.82'll'26'W., FOR A DISTANCE OF 31.93 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 57.51 FEET; THENCE RUN N.00'19'00"E., FOR A DISTANCE OF 10.00 FEET, TO THE ,POINT OF BEG NN NG; CONTAINING 2.039 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OR RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00'lS'41'E. HOLE, MON~TES & ASSOCIA. TES, INC. CERTIF-ICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPHY P.S.M. # 5628 STATE OF FLORIDA OR: 2345 PG: 3398 120' 5' 2 · Mark J. W(x:dward, Esquire ; :. Wo~3dward, Plres & Lombardo, PA. 801 Laurel Oak Drive, Su/te 640 Naple% FL 34108 Form 4 - Rev. 4/28/89 (Utilities Facilities Subordination Consent and Joinder) Utilities Acceptance Doc ~320 OR: 2345 PG: 3399 '~L~-OJ[D/~A~ONS~NT AND JOZ~DZ~ 1997, by TOMEN AMERICA INC., a New York corporation, (hereinafter referred to as "Mortgagee,,), in favor of the BOARD OF COUNTY COM}~ISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER. DISTRICT, its successors and assigns (hereinafter referred to as "County,,). Mortgagee is used as singular and plural, as the context requires. WI TNES SETH : WHEREAS, Mortgagee is the owner and holder of that certain Development Mortgage and Security Agreement in favor of Tomen America Inc., recorded in O.R. Book 2154, page 350; Future Advance and Mortgage Modification Agreement recorded in O.R. Book 2247, page 1316; Assignment of Rentc and Leases recorded in O.R. Book 2247, page 1356; and UCC-1 Financing Statement recorded in O.R. Book 2247, page 1380, all of the Public Records of Collier County, Florida (hereinafter referred to as "Mortgage,,), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property,,) . WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property nonexclusive maintenance of utility facilities over easements for the installation and and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property.,, WHEREAS, County has requested that Mortgagee consent to, Join in and subordinate its "Mortgage,, to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its "Mortgage,, to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein or affixed thereto.Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilitie thereto, said "Mort a " _ s 1.ocated therein or affixe g ge shall remain otherwise In full force and effect, d IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered TOMEN AMERICA INC., in the presence of: a New York corporation a~~ '~' ~rint ~ , , · Y~ _ By: _ ~r ' V ~ ~.. .Name: ( tnt Name: _ ~. -- Title~lg&'~'~J~Yfffd~/y UT~LR'Y FACILITfE9 ,~UBORDINATION OR: 2345 PG: 3400 sTATE oF ~ Yo~ co~TY-oF ~.w _~,#~?The foregoing inst~m~nt w~s ~c~owledged before mo this day of ~U~ 1997, by r. ~ (name), ~/~ (title) of TO~N ~ERICA INC., a New York co~oration, on behalf of co~oration. He/She is personally kno~ to me and did not take an oath. Not~ ~bltc ' ~ '[ Co~ission No. My Co~ission E~ires: FIDOLER S~UTILITY~UT1L.SU 8.2 UT1LITY FACILITIES SUBORDINATION Page 2 or2 12C 5 Pre~er~ng and enhancing F~dda'$ quality of#re ~ I~ HOLE, MONTES & ASSOCIATES, INC... ~EERS Pt~-NN ERS SURVEYORS LEGAL DESCRIPTION: H.M.A. PROJECT 1193.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 1 OF 4 A PARCEL OF L~ND LOCATED IN A PORTION SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLF COURSE PARCEL 2 AND TOURNAMENT BLVD. OF MARCO SHORES UNIT 30 GOLF COURSE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00'18'41'E., ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15,FOR A DISTANCE OF 1,343.26 FEET; THENCE CONTINUE S.69'13'35"E., FOR A DISTANCE OF 144.79 FEET, TO THE ~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.69'13'35'E., FOR A DISTANCE OF 57.59 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET, THROUGH ~ CENTRAL ANGLE OF 14'04'18", SUBTENDED BY A CHORD OF 34.30 FEET AT A BEARING OF S.62'11'26'E., FOR A DISTANCE OF 34.38 FEET TO THE END OF SAID CURVE; THENCE RUN S.75'09'17'E., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 118.50 FEET, THROUGH A CENTRAL ANGLE OF 33°01'27', SUBTENDED BY A CHORD OF 67.36 FEET AT A BEARING OF S.58'38'34"E., FOR A DISTANCE OF 68.30 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 193.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45', SUBTENDED BY A CHORD OF 154.21 FEET AT A BF-_ARING OF S.65°40'43"E., FOR A DISTANCE OF 156.64 FEET TO THE END OF SAID CURVE; THENCE RUN S.69'13'35'E., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 118.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 62.05 FEET AT A BEARING OF N.75'31'50"E., FOR A DISTANCE OF 62.79 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 99.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 52.06 FEET AT A BEARING OF N 75'31'50"E. FOR A DISTANCE OF 52.68 FEET TO THE END OF SAID CURVE; THENCE RUN S.69°13'35"E., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 349.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 90.11 FEET AT A BEARING OF 8.81'46'32"E., FOR A DISTANCE OF 90.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 551.00 FEET, THROUGH A CENTRAL ANGLE OF 14°50'06', SUBTENDED BY A CHORD OF 142.27 FEET AT A BEARING OF S.81 8 32 E., FOR A DISTANCE OF 142.67 FEET TO THE END OF SAID CURVE; THENCE RUN 8.89'13'35"E., FORA DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 501.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 122.72 FEET AT A BEARING OF N.83°44'19"E., FOR A DISTANCE OF 123.03 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 499.00 120 5 H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. [%2128 PAGE 2 OF 4 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.23 FEET AT A BEARING OF N.83'44'lg"E., FOR A DISTANCE OF 122.54 FEET TO THE END OF SAID CURVE; THENCE RUN S.89°13'35'E., FOR A DISTANCE OF 1,068.77 FEET; THENCE RUN S.88'20'44'E., FOR A DISTANCE OF 121.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHVVESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 549.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01 ", SUBTENDED BY A CHORD OF 421.22 FEET AT A BEARING OF S.65'47'13'E., FOR A DISTANCE OF 432.30 FEET TO THE END OF SAID CURVE; THENCE RUN S.43'13'43'E., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL ANGLE OF 13"51'13', SUBTENDED E~Y A CHORD OF 253.26 FEET AT A BEARING OF S.50'09'19'E., FOR A DIS'I'ANCE OF 253.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.57'04'56'E., FOR A DISTANCE OF 28.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE COt,q'INUE ALONG THE RIGHT-OF-WAY LINES OF CHAMPIONSHIP DRIVE AND TOURNAMENT BLVD. AS THE SAME ARE SHOWN ON SAID MARCO SHORES UNIT 30 GOLF COURSE, FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S.57'04'56"E., FOR A DISTANCE OF 564.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BY A CHORD OF 839.73 FEET AT A BEARING OF S.50'58'50"E., FOR A DISTANCE OF 8,~1.32 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.44'52'43'E., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; 4. THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BYA CHORD OF 70.71 FEET AT A BEARING OF S.00'07'17"VV., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 5. THENCE RUN S.45'07'17'VV,, FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; 6. THENCE RUN SOUTHVVESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12', SUBTENDED BY A CHORD OF 502.74 FEET AT A BEARING OF S.38'04'41"VV., FOR A DISTANCE OF 504.01 FEET TO THE END OF SAID CURVE; 7. THENCE RUN S.31'02'05"VV,, FOR A DISTANCE OF 243.18 FEET; THENCE DEPARTING THE WESTERLY RIGHT-OF-WAY LINE OF TOURNAMENT BLVD., RUN S.58'57'55"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE; THENCE CONTINUE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE FOR THE FOLLOWING 3 COURSES: 12C H.M.A. PROJECT #93.132 AUGUST 26, lg97 REF. DWG. B-2128 PAGE 3 OF 4 1. THENCE CONTINUE S.58'57'55'E., FOR A DISTANCE OF 892,53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55", SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF S.54'35'27'E., FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.50'13'00"E., FOR A DISTANCE OF 800.51 FEET; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIO'FI' CLUB DRIVE, RUN S,39'47'00"VV., FOR A DISTANCE OF 10.00 FEET; THENCE RUN N.50*13'00"W,, FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHVVESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, 'THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 601.02 FEET AT A BEARING OF N.54*35'28"W., FOR A DISTANCE OF 501.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.58'57'55'W., FOR A DISTANCE OF 1,052.53 FEET; THENCE RUN N.31*02'05'E., FOR A DISTANCE OF 253.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,060.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12', SUBTENDED BY A CHORD OF 505.19 FEET AT A BEARING OF N.38*04'41'E., FOR A DISTANCE OF 506.47 FEET TO THE END OF SAID CURVE; THENCE RUN N.45'07'17'E., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAV1NG A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N.00*OT'17"E., FOR A DISTANCE OF 62.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.44*52'43"VV., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940,00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BY A CHORD OF 837.61 FEET AT A BEARING OF' N,50*58'49"W., FOR A DISTANCE OF 839.19 FEET TO THE END OF SAID CURVE; THENCE RUN N.57'04'56"VV., FOR A DISTANCE OF 592.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, I-LAVING A RADIUS OF 1,060,00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTENDED BY A CHORD OF 255.68 FEET AT A BEARING OF N.50'09'19"W., FOR A DISTANCE OF 256.30 FEET TO THE END OF SAID CURVE; THENCE RUN N,43°13'43"W., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 539,00 FEET, THROUGH A CENTRAL ANGLE OF 45°07'01", SUBTENDED BY A CHORD OF 413,55 FEET AT A BEARING OF N.65°47'13"VV., FOR A DISTANCE OF 424.43 FEET TO THE END OF SAID CURVE; THENCE RUN N.88'20'44"W., FOR A DISTANCE OF 121.22 FEET; THENCE RUN N,89*13'35"W., FOR A DISTANCE OF 1,068.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 489.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BYA CHORD OF 119.78 FEET AT A BEARING OF S.83'44'19'VV., FOR A DISTANCE OF 120.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 511.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 125.17 FEET AT A BEARING OF S.83'44'19'W., FOR A DISTANCE OF 125.48 FEET TO THE END OF SAID CURVE; -.' 120 5 H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 4 OF 4 THENCE RUN N.89'13'35'W., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE AR(:; OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 561.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 144.85 FEET AT A BEARING OF N.81°48'32'W., FOR A DISTANCE OF 145.25 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 339.00 FEET, THROUGH A CENTRAL ANGLE OF 14°50'06', SUBTENDED BY A CHORD OF 87.53 FEET AT A BEARING OF N.81'48'32'W., FOR A DISTANCE OF 87.77 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN VVESTERLY ALONG THE/ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 89.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 48.80 FEET AT A BEARING OF S.75'31 '50'W., FOR A DISTANCE OF 47.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 128.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 67.31 FEET AT A BEARING OF S.75'31'50"VV., FOR A DISTANCE OF 68.11 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13°35"VV., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NOR ~HEASTERt.Y; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 203.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45', SUBTENDED BY A CHORD OF 162.20 FEET AT A BEARING OF N.65'40'43"W., FOR A DISTANCE OF 166.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 108.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27', SUBTENDED BY A CHORD OF 61.68 FEET AT A BEARING OF N.58*38'34'W., FOR A DISTANCE OF 62.54 FEET TO THE ENO OF SAID CURVE; THENCE RUN N.75'og'17'VV., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN VVESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH ~. CENTRAL ANGLE OF 14'04'18', SUBTENDED BY A CHORD OF 31 .B5 FEET AT A BEARING OF N.82'11'26'W., FOR A DISTANCE OF 31.93 FEET TO THE END OF SAID CURVE; THENCE RUN N.§9'13'35'W., FOR A DISTANCE OF 57.51 FEET; THENCE RUN N.00'lg'00'E., FOR A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNIN__G; CONTAINING 2.039 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OR RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00'18'41'E. HOLE, MON'TES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPHY STATE OF FLORIDA OR: 2345 PG: 3405 F~ 5 · Rev. 4/28/89 Attorney's Affidavit) Utilities Acceptance. Doc ~320 This In.slrument prepared by: Mark J. W~_odward, Esquire Woodward, Plres &Lombardo, P.A. 80! Laurel Oak Drtve, Suite 640 Naples, FL 34108 OR: 2345 PG: 3406 120 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER On this 3rd day of September, 1997, before me personally appeared Mark J. Woodward, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 801 Laurel Oak Drive, Suite 640, Naples, Florida 34108, (941) 566- 3131 (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. This Affidavit is g~ven as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water- Sewer District to accept the dedication or conveyance of water and sewer utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being 1ucated in Collier County, Florida. 2. The Affiant has examined record title information to both the real and personal property referenced in this affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial dode financing statements from Commonwealth Land Title Insurance Company's Policy No. 107-671953 and endorsements which cover all public records on file up to and including February 3, 1994; Chicago Title Insurance Company's Policy No. 10 0878 106 00000009 which covers all public records on file up to and including June 26, 1996; and abstracts from First Title & Abstract, Inc., which covers all public records on file up to and including June 24, 1997, at 5:00 p.m. From such examination, I am of the opinion that: The record title is vested in Gulf Bay 100, Inc., and Parcel Z, Inc., d/b/a 951 Land Holdings Joint Venture, by instruments recorded in O.R. Book 1911, page 144, and in O.R. Book 2199, page 1420, Public Records of Collier County, Florida. Said record title holders have a fee simple title thereto subject, however, to the following qualifications: Taxes: For the year 1997 and subsequent years although not yet due and payable until on or after November 1, 1997. 1996 taxes were paid on November 26, 1996. Department of Army Permit issued under Application Number 78B-0683 having an effective date of September 29, 1983, and recorded in O.R. Book 1360, pages 1238-1252, recorded September 24, 1991, in O.R. Book 1650, at pages 160-174. Road Easement dated December 12, 1989, from the Deltona Corporation, to The School Board of Collier County, recorded December 29, 1989, in O.R. Book 1495, at pages 374-383. Temporary Access Easement recorded April 10, 1997, in O.R. Book 2303, page 1792, Public Records of Collier County, Florida. Development Mortgage and Security Agreement in favor of Tomen America Inc. recorded in O.R. Book 2154, page 350; Future Advance and Mortgage Modification Agreement recorded in O.R. Book 2247, page 1316; Assignment Page 1 of 2 lac 5 OR: 2345 PG: 3407 of Rents and Leases recorded in O.R. Book 2247, page 1356; and UCC-1 Financing Statement recorded in O.R. Book 2247, page 1380, all of the Public Records of Collier County, Florida. Polling Place Agreement between 951 Land Holdings Joint Venture and the Supervisor of Elections, recorded in O.R. Book 2169, page 1177, Public Records of Collier County, Florida. Final Judgment validating the Fiddler's Creek Community Development District Special Assessment Revenue Bonds, Case No. 96-3097-CA-O1-TB, recorded in O.R. Book 2239, page 1896, Public Records of Collier County, Florida. 10. 11. Avigation Easement in favor of Collier County and Collier County Airport Authority, recorded October 25, 1996, in O.R. Book 2242, page 2307, Public Records of Collier County, Florida. That certain Planned Unit Development (P.U.D.) issued by Collier County under Ordinance No. 84-41 (84-42) on June 12, 1984, as amended by Ordinance Nos. 88-48 and 89-34 as issued on May 24, 1988, and June 13, 1989 respectively, Collier County, Florida. That certain Development Order (D.O.) issued by Collier County under Ordinance No. 84-3 on June 12, 1984, recorded February 15, 1990, in O.R. Book 1505, pages 1728 through 1782, as amended by Ordinance Nos. 88-117 issued May 24, 1988, recorded in O.R. Book 1505, page 2348, and 89-149 as issued June 13, 1989, recorded in O.R. Book 1505, page 1795, recorded in O.R. Book 1514, at pages 746-760, Collier County,'Florida. Potable Water Easement dated November 9, 1989, from The Deltona Corporation, to City National Bank of Florida, as Trustee, recorded November 16, 1989, in O.R. Book 1484, at pages 1697-1711. Not covered in this Title Opinion are: rights of parties under unrecorded purchase agreements or leases, if any; and facts that might b~, disclosed by an accurate survey or personal inspection of the property. A copy of each of the above-referenced instruments is attached hereto and by reference made a part hereof. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. ~~r ~ STATE OF FLORIDA k J. Woodward COUNTY OF COLLIER Sworn to (or affirmed) September, 1997, by MARK J. WOODWARD, and subscribed before me this 3rd day of who~s personally known to me. Prin~ Name: <~a~/7~ Notary Public ' ' Commission No. My Commission Expires: (SEAL) Page 2 of 2 12C 5 HOLE, MONTES · ASSOCIATES, INC. H.M.A. PROJECT ~t93.132 AUGUST 26, 1997 REF. DWG, B--2128 PAGE 1 OF 4 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IH A PORTION SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLF COURSE PARCEL 2 AND TOURNAMENT BLVD. OF MARCO SHORES UNIT 30 GOLF COURSE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SO~JTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN t,.O0'l 8'41'E., ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15,FOR A DISTANCE OF 1,343.26 FEET; THENCE CONTINUE S.89'13'35'E., FOR A DISTANCE OF 144.79 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89'13'35"E., FOR A DISTANCE OF 57.59 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE. CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, PLAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18', SUBTENDED BY A CHORD OF 34.30 FEET AT A BEARING OF S.82'11'26'E., FOR A DISTANCE OF 34.38 FEET TO THE END OF SAID CURVE; THENCE RUN S.75'Og'17'E., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 118.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27', SUBTENDED BY A CHORD OF 67.38 FEET AT A BEARING OF S.58'38'34'E., FOR A DISTANCE OF 68.30 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 193.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45", SUBTENDED BY A CHORD OF 154.21 FEET AT A BEARING OF S.65'40'43'E., FOR A DISTANCE OF 158.64 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 118.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 62.05 FEET AT A BEARING OF N.75'31'50'E., FOR A DISTANCE OF 62.79 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 99.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 52.06 FEET AT A BEARING OF N.75'31'50"E., FOR A DISTANCE OF 52.68 FEET TO THE END OF SAID CURVE; THENCE RUN S.59'13'35'E., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, COHCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 349.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED dY A CHORD OF 90.11 FEET AT A BEARING OF S.81'48'32'E., FOR A DISTANCE OF 90.38 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 551 .IX) FEET, THROUGH A CENTRAL ANGLE OF 14'5c}'r)6', SUBTENDED BY A CHORD OF 142.27 FEET AT A BEARING OF S.81'48'32"E., FOR A DISTANCE OF 142.67 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 501.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 122.72 FEET AT A BEARING OF N.83'44'lg'E., FOR A DISTANCE OF 123.03 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 499.00 O 0 tOS~ ABERNATHY STREET BONITA SPRII'~S, FLO~IIOA 34135 941.992.O795 FAX 941-992.2327 12C 5 H.M.A. PROJECT 1193.132 AUGUST 28, 1997 REF. DWG. 1~2128 PAGE 2 OF 4 FEET, THROUGH A CENTRAL ANGLE OF !4'04'12', SUBTENDED BY A CHORD OF 122.23 FEET AT A BEARING OF N.83'44'1g'E., FOR A DISTANCE OF 122.54 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13~5'E., FOR A DISTANCE OF 1,068.77 FEET; THENCE RUN S.88'20'44'E., FOR A DISTANCE OF 121.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 549.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHORD OF 421.22 FEET AT A BEARING OF S.65'47'13'E., FOR A DISTANCE OF 432.30 FEET TO THE END OF SAID CURVE; THENCE RUN S.43'13'43'E., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG T;'IE ARC OF SAID CURVE TO THE LEFT,,HAVING A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTENDED BY A CHORD OF 253.28 FEET AT A BEARING OF S.50'09'19'E., FOR A DISTANCE OF 253.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.57'04'56'E., FOR A DISTANCE OF 28.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG THE RIGHT-OF-WAY LINES OF CHAMPIONSHIP DRIVE AND TOURNAMENT BLVD. AS THE SAME ARE SHOWN ON SAID MARCO SHORES UNIT 30 GOLF COURSE, FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S.57'04'SR'E., FOR A DISTANCE OF 564.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 12°12'13', SUBTENDED BY A CHORD OF 839.73 FEET AT A BEARING OF S.50°58'50'E., FOR A DISTANCE OF 841.32 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.44'52'43'E., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S.00'07'lT"W., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 5. THENCE RUN S.45'07'17'W., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12', SUBTENDED BY A CHORD OF 502.74 FEET AT A BEARING OF S.38°04'41'W., FOR A DISTANCE OF 504.01 FEET TO 'FHE END OF SAID CURVE; 7. THENCE RUN S.31'02'05~/V., FOR A DISTANCE OF 243.18 FEET; THENCE DEPARTING THE WESTERLY RIGHT-OF-WAY LINE OF TOURNAMENT BLVD., RUN S.58'57'55"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE; THENCE CONTINUE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE FOR THE FOLLOWING 3 COURSES: O 0 12C 5: H.M.A. PROJECT t1~93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 3 OF 4 1. THENCE CONTINUE S.58'57'55'E., FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAV1NG A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF S.54'35'27'E., FOR A DISTANCE OF 603.13 FEET TO THE ENO OF SAID CURVE; 3. THENCE RUN S.50°13'00'E., FOR A DISTANCE OF 800.51 FEET; THENCE DEPARTING,THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIOTT CLUB DRIVE, RUN · S.39'47'OO'W., FOR A DISTANCE OF 10.00 FEET; THENCE RUN N.50'13'OO'VV., FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOLFrHvCESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 601.02 FEET AT A BEARING OF N.54'35'28'W., FOR A DISTANCE OF 601.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.58'57'55'W., FOR A DISTANCE OF 1,052.53 FEET; THENCE RUN N.31'O2'05'E., FOR A DISTANCE OF 253.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,060.00 FEET, THROUGH A CENTRA.L ANGLE OF 14'05'12', SUBTENDED BY A CHORD OF 505.19 FEET AT A BEARING OF N.38'04'41'E., FOR A DISTANCE OF 506.47 FEET TO THE END OF · SAID CURVE; THENCE RUN N.45'07'17'E., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE., CONCAVE W~STERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N.OO'OT'17'E., FOR A DISTANCE OF 62.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.44'52.43'W., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CO~4CAVE SOUTHVVESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13', SUBTENDED BY A CHORD OF 837.61 FEET AT A BEARING OF N.50'58'4g'w., FOR A DISTANCE OF 839.19 FEET TO THE END OF SAID CURVE; THENCE RUN N.57'04'56'W., FOR A DISTANCE OF 592.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,060.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTEHDED BY A CHORD OF 255.68 FEET AT A BEARING OF N.50'09'1g'W., FOR A DISTANCE OF 256.30 FEET TO THE END OF SAID CURVE; THENCE RUN N.43'13'43'W., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 539.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHORD OF 413.55 FEET AT A BEARING OF N.65'47'13'W., FOR A DISTANCE OF 424.43 FEET TO THE END OF SAID CURVE; THENCE RUN N.88'20'44'W., FOR A DISTANCE OF 121.22 FEET; THENCE RUN N.sg'13'35"W., FOR A DISTANCE OF 1,068.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF ,3AID CURVE TO THE LEFT, HAVING A RADIUS OF 489.00 FEET, THROUGH A CENTRAl. ANGLE OF 14'O4'12", SUBTENDED BY A CHORD OF 119.78 FEET AT A BEAR!NG OF S.83'44'lffW., FOR A DISTANCE OF 120.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NOR'[HERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 511.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 125.17 FEET AT A BEARING OF S.83'44'19'W., FOR A DISTANCE OF 125.48 FEET TO THE END OF SAID CURVE; H.M.A. PROJECT #93.132 AUGUST 28, 1997 REF. DWG. B-2128 PAGE 4 OF 4 THENCE RUN N.Sg'13'35"W., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 561.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED BY A CHORD OF 144,85 FEET AT A BEARING OF N.81°48'32'VV., FOR A DISTANCE OF 145.25 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 339.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED BY A CHORD OF 87.53 FEET AT A BEARING OF N.81'48'32'VV., FOR A DISTANCE OF 87.77 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"VV., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 89.00 FEET, ~'HROUGH A CENTRAL ANGLE OF 30°29'10', SUBTENDED BY A CHORD OF 46.80 FEET AT A BEARING OF S.75'31'50'W,, FOR A DISTANCE OF 47.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 128.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", ,SUBTENDED BY A CHORD OF 67.31 FEET AT A BEARING OF S.75'31'50"VV., FOR A DISTANCE OF 68.11 FEET TO THE END OF SAID CURVE; THENCE RUN N.Sg'13'35"VV., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 203.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45", SUBTENDED BY A CHORD OF 162.20 FEET AT A BEARING OF N.65'40'43'SN., FOR A DISTANCE OF 166.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 108.50 FEET, THROUGH A CENTRAL ANGLE OF 33°01'27", SUBTENDED BY A CHORD OF 61.68 FEET AT A BEARING OF N.58°38'34'W., FOR A DISTANCE OF 62,54 FEET TO THE END OF SAID CURVE; THENCE RUN N.75'09'I7"VV., FOR A DISTANCE OF 44.90 FEET TO THE BE.GINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18', SUBTENDED BY A CHORD OF 31.85 FEET AT A BEARING OF N.82"11'26"W., FOR A DISTANCE OF 31.93 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35'W., FOR A DISTANCE OF 57.51 FEET; THENCE RUN N.OO'19'00'E., FOR A DISTANCE OF 10.00 FEET, TO THE pOINT OF B, EG!NNIN(~; CONTAINING 2.039 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OR RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00' 18'4 I'E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPHY P.S.M. # 5828 STATE OF FLORIDA lib 5 NapLes DaiLy Hews NapLes, FL Affidavit of PubLicatic~ Naples Daily BOARD OF COUNTY COflMISSIO~ERS ATTH: NANCY SAL~ PO BOX 413016 NAPLES FL 3A101-3016 REFERENCE: 001230 701061 5?549497 PUBLIC NOTICE ~otice State of FLorida County of CoLLter ~fore the u~erstgned autk~rity, personally appemred B. Lamb, ~ho o~ oath says ~hat she serves a~ the A~si~tant Coc~rm~e Secret~cy of the Naples Deity N~s, a daily n~s~per ~Lish~ at Naples, in Collier C~nty, FLor~: t~t the ~tt~c~ c~y of the ~verti/J~ wll ~ltlh~ in laid n~s~per ~ d~te~ lJst~ Affiant further Ilyl J~t the la~d ~p[el Oaily Collier C~nty~ FLorida, a~ t~t the ~aid n~m~r ~m heretofore ~ ~bL~sh~ in ma~d Collier C~ty, FLorida, each day a~ ~m been enter~ am ~:ter mt the ~st o~ftce in ~pLe~, in said Collier C~nty, FLorida, for m ~ri~ Bt q year next prec~i~ the ~irst ~bLicatt~ of the ettach~ copy of advertts~nt; m~ afftant further aey~ that she has neJther ~td pr~t~ any per,n, f~re or ¢~ratJ~ any dJsc~nt, re~te, c~JaaJ~ or ref~ for the ~r~se of securi~ thts ~ertis~t for ~btJcat~ tn the ~aJd PUBLISHEO ON: 08/17 AO SPACE: 53.000 INCH FILEO ON: 08/q8/97 12C 5 Ju0~h A. Flanigan MY COMMLS.C;iON I CC508787 EXPIRES BOnDeD T~U T~Oy FA~N h'eSu~,~;E. )NC. $.R. 9~1 I00' R/W EAST RIW ~ Im mo ~P o ('3 -I z This'Instrument prepered by: · ' M,~r~ J. Woodward, Esquire ~ Woodward, Plres & Lombardo, P.A. 801 Laur~ Oak Drive, Suite 640 Naples, I L 34108 Form 7 - Rev. 4/28/89 (Utility Easement Utilities Acceptance - Doc let~: #320 CLI~[ ?0 T~! ~O~D UTILITY EASEMENT 2224996 OR: 2346 PG: 0006 DOC-, 1~ COHiS ~.00 12C 5' THIS EASEMENT, granted this ~ day of(~l~f, 1997, by GULF BAY 100, INC, on behalf of itself and as General Partner of GULF BAY 100, LTD., and PARCEL Z, INC., d/b/a 951 LAND HOLDINGS JOINT VENTURE, Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, nonexclusive easement, license, and privilege to enter upon and to install and maintain water and sewer utility facilities, on the following described lands being located in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: Print GRANTOR: GULF BAY 100, LTD., a Florida Limited Partnership, by its General Partner: GULF BAY~O0, INC., a Florida corpora on ,.~~ Title: as Presidft and not individuall'~ STATE OF FLORIDA COUNTY OF COLLIER PARCEL Z, Inc., a Florida corporation By: ~Takashi Sano, President D/B/A 951 LAND HOLDINGS JOINT VENTURE The foregoing-instrument~was ~cknowledged before me this day of of GULF BAY 100, INC., as General Partner of Gulf Bay 100, Ltd., on behalf of the corporation He is personally known to me and did not take an oath. , / ].2.0 5 Notary Public Commission No. My Commission Expires: -~'~ ~'~'.~, ~'ul~li~. S,,~ or m~-~. (SEAL) ~..1~/~? C~m"u.k~ No. CC ~ ~ ~ty C~~ E~p ~1 STATE OF NEW YORK COUNTY OF NEW YORK ~ ~ ~ The foregoing inst~ment was acknowled ged before me this . day of ~~ _1997, by TA~SHI SANO, President of PARCEL Z, IN~4, on be~ of-the corporation. He is personally known to ~ Prin~Name: _ Nota~ ~blic Commission No. My Co~ission Expires: (SEAL) FIDOLER~LrT1LITY~UT1L ~.2 Page 2 of 2 Preserving and enhancing Flon'd,~ '$ quably of life since ~966 HOLE, MONTES & ASSOCIATES, INC, ENGINEERS PLA~',INERS SURVEYORS H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE I OF 4 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLF COURSE PARCEL 2 AND TOURNAMENT BLVD, OF MARCO SHORES UNIT 30 GOLF COURSE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 98 THROUGH 103 OF THE PUBLIC RI'CORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00'lB'41"E., ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15,FOR A DISTANCE OF 1,343.26 FEET; THENCE CONTINUE S.89'13'35"E., FOR A DISTANCE OF 144.79 FEET, TO THE pO. !NT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89'13'35"E., FOR A DISTANCE OF 57.59 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18", SUBTENDED BY A CHORD OF 34.30 FEET AT A BEARING OF S.82'11'26'E., FOR A DISTANCE OF 34.38 FEET TO THE END OF SAID CURVE; THENCE RUN S.75'09'17"E., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 118.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27", SUBTENDED BY A CHORD OF 67.36 FEET AT A BEARING OF S.58'38'34"E., FOR A DI 3TANCE OF 68.30 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 193.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45", SUBTENDED BYA CHORD OF 154.21 FEET AT A BEARING OF S.65'40'43"E., FOR A DISTANCE OF 158.64 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 118.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 62.05 FEET AT A BEARING OF N.75'31'50"E., FOR A DISTANCE OF 62.79 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID ~URVE TO THE RIGHT, HAVING A RADIUS OF 99,00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 52.06 FEET AT A BEARING OF N.75'31'50"E., FOR A DISTANCE OF 52.68 FEET TO THE END OF SAID CURVE; THENCE RUN 8.89'13'35"E., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 349.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 90.11 FEET AT A BEARING OF S.81 '48'32"E., FOR A DISTANCE OF 90.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 551.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 142.27 FEET AT A BEARING OF S.81'48'32"E., FOR A DISTANCE OF 142.67 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35"E., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, · CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 501.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.72 FEET AT A BEARING OF N.83'44'lg"E., FOR A DISTANCE OF 123.03 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 499.00 O 0 0 0 12C 5' H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 2 OF 4 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.23 FEET AT A BEARING OF N.83'44'19"E., FOR A DISTANCE OF 122.54 FEET TO THE END OF SAID CURVE; THENCE RUN .89 13 35 E., FOR A DISTANCE OF 1,068.77 FEET; THENCE RUN S.88'20'44"E., FOR A DISTANCE OF 121.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 549.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHORD OF 421.22 FEET AT A BEARING OF S.65'47'13"E., FOR A DISTANCE OF 432.30 FEET TO THE END OF SAID CURVE; THENCr: RUN S.43'13'43"E., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CCNCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTENDED BY A CHORD OF 253.26 FEET AT A BEARING OF S.50'09'19"E., FOR A DISTANCE OF 253.88 FEET TO THE END OF SAID CURVE; THENCE RUN S 57'04'56'E FOR A DISTANCE OF 28.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG THE RIGHT-OF-WAY LINES OF CHAMPIONSHIP DRIVE AND TOURNAMENT BLVD. AS THE SAME ARE SHOWN ON SAID MARCO SHORES UNIT 30 GOLF COURSE, FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S 57'04'56"E. FOR A DISTANCE OF 564.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BYA CHORD OF 839.73 FEET AT A BEARING OF S.50'58'50"E., FOR A DISTANCE OF 841.32 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.44'52'43"E., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; 4. THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 70.71 FEET ATABEARINGOFS00,07,17-W. FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 5. THENCE RUN S 45'07'17"W. FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; 6. THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12", SUBTENDED BY A CHOPO OF 502.74 FEET AT A BEARING OF S.38'04'41"W., FOR ~,DISTANCE OF 504.01 FEET TO THE END OF SAID CURVE; 7. THENCE RUN S.31'02'05"W., FOR A DISTANCE OF 243.18 FEET; THENCE DEPARTING THE WESTERLY RIGHT-OF-WAY LINE OF TOURNAMENT BLVD., RUN S.58'57'55"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIO]-T CLUB DRIVE; THENCE CONTINUE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE FOR THE FOLLOWING 3 COURSES: O H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 3 OF 4 1. THENCE CONTINUE S.58'57'55"E., FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING .~ RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 08°44'55", SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF S.54'35'27"E., FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.50'13'00"E., FOR A DISTANCE OF 800.51 FEET; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIOT-F CLUB DRIVE, RUN S.39'47'00"W., FOR A DISTANCE OF 10.00 FEET; THENCE RUN N.50'13'O0"W., FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55", SUBTENDED BY A CHORD OF 601.02 FEET AT A BEARING OF N.54'35'28"W., FOR A DISTANCE OF 601.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.58'57'55"W., FOR A DISTANCE OF 1,052.53 FEET; THENCE RUN N.31'02'05"E., FOR A DISTANCE OF 253.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,060.00 FEET, THROUGH A CENTRAL ANGLE OF 14°05'12", SUBTENDED BY A CHORD OF 505.19 FEET AT A BEARING OF N.38'04'41 "E., FOR A DISTANCE OF 506.47 FEET TO THE END OF SAID CURVE; THENCE RUN N.45'07'lT"E., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N.00°OT'17"E., FOR A DISTANCE OF 62.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.44'52'43"W., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HA~/ING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BY A CHORD OF 837.61 FEET AT A BEARING OF N.50"58'49qN., FOR A DISTANCE OF 839.19 FEET TO THE END OF SAID CURVE; FHENCE RUN N.57'O4'56"W., FOR A DISTANCE OF 592.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,060.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51 '13', SUBTENDED BY A CHORD OF 255.68 FEET AT A BEARING OF N.50'09'I,n"W., FOR A DISTANCE OF 256.30 FEET TO THE END OF SAID CURVE; THENCE RUN N.43'13'43"W., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 539.00 FEET, THROUGH A CENTRAL ANGLE OF 45"07'01", SUBTENDED BY A CHORD OF 413.55 FEET AT A BEARING OF N.65'47'13"W., FOR A DISTANCE OF 424.43 FEET TO THE END OF SAID CURVE; THENCE RUN N.88°20'44"W., FOR A DISTANCE OF 121.22 FEET; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 1,068.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 489.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 119.78 FEET AT A BEARING OF S.83'44'19"W., FOR A DISTANCE OF 120.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 511.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BYA CHORD OF 125.17 FEETATA BEARING OF S.83'44'19"W., FOR A DISTANCE OF 125.48 FEET TO THE END OF SAID CURVE; C~ 12C H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF.-DWG. B-2128 PAGE 4 OF 4 THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 561.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED RYA CHORD OF 144.85 FEET ATA BEARING OF N.81'48'32"W., FOR A DISTANCE OF 145.25 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 339.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED BY A CHORD OF 87.53 FEET AT A BEARING OF N.81'48'32%M., FOR A DISTANCE OF 87.77 FEET TO THE END OF SAID CURVE; THENCE RUN .89 13 35 W., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 89.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 46.80 FEET AT A BEARING OF S.75'31'50"W., FOR A DISTANCE OF 47.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 128.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 67.31 FEET AT A BEARING OF S.75'31'50"W., FOR A DISTANCE OF 68.11 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 203.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45", SUBTENDED BY A CHORD OF 162.20 FEET AT A BEARING OF N.65'40'43"W., FOR A DISTANCE OF 166.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIU,'; OF 108.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27", SUBTENDED BY A CHORD OF 61.68 FEET AT A BEARING OF N.58'38'34%V., FOR A DISTANCE OF 62.54 FEET TO THE END OF SAID CURVE; THENCE RUN N.75'og'17'W., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18", SUBTENDED BYA CHORD OF 31.85 FEET AT A BEARING OF N.82'11'26"W., FOR A DISTANCE OF 31.93 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 57.51 FEET; THENCE RUN N.00'lg'00"E., FOR A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 2.039 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OR RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00'18'41'E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPHY P.S.M. # 5628 STATE OF FLORIDA '** OR: 2346 PG: 0012 12C Thi~ Instrument prepared by. Mark J. Woodward, Esquire Wc~:x~vard, Pires & Lomtmrdo, P.A. 801 Laurel Oak DrN'e, Suite 640 Napios, FL 34108 Form 4 - Rev. 4/28/89 (Utilities Facilities Subordination Consent and Joinder) Utilities Acceptance Doc ~320 2224997 OR: 2346 PG: 0013 COHIS C[il[ T0 TXl BOAI0 UTILITY FACILITIES SUBORDINATION, CONSENT ;%ND JOI~TDF. E 1997, by TOMEN AMERICA INC., a New York corporation, (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER. DISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular and plural, as the context requires. w I TN ES SETH : 9~EREAS, Mortgagee is the owner and holder of that certain Development Mortgage and Security Agreement in favor of Tomen America Inc., recorded in O.R. Book 2154, page 350; Future Advance and Mortgage Modification Agreement recorded in O.R. Book 2247, page 1316; Assignment of Rents and L~ases recorded in O.R. Book 2247, page 1356: and UCC-1 Financing Statement recorded in O.R. Book 2247, page 1380, all of the Public Records of Collier County, Florida (hereinafter referred to as "Mortgage,,), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"). WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property nonexclusive easements for the installation and maintenance of utility facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property." WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its "Mortgage" to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its "Mortgage" to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said "Mortgage" shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of:~ Print Na~+: 7. Hc~.,~ ~F~ ~int Name: - ~H[~/ ~DM~'N A](ERICA INC., a New York corporation · Nane: 7' ~iA~'c Title {//d £- ~,~ >'[/¢~/~ U'IqLITY FACILITIES SUBORDINATION Page I oF 2 OR: 2346 PG: 0014 STATE OF ~EW YORK 1 2C 5 COUNTY OF NEW YORK ~,~.~The foregoing instrument wax acknowledged beforQ ma %his ~J~-~, 1997, by ~ _(name), ~ day of (title) of TOMEN AMERICA INC., a New York corporation, on behalf of the corporation. He/She is personally known to me and did not take an oath. Pri Note~ty Public ! Commission No. My Commission Expires: JAMES J, McCAIXiTH¥ ~IOTARY PUBLIC. State of Now York No. o1MC5071195 Ouafil~d ~ N~ Wo~ C~n~y Te~ Expires January 6, 19~ (SEAL) FIDOLERS~UT~LrTY~UT~L.SU 8.2 (06/~6/~7] UTILITY FAClLFrlES SUBORDINATION Page 2 of 2 P~,eserv~ng and enhancing Fk~da's quelity of life HOLE. MOt, Cr£$ & ASSOCIATES. INC... H.M.A. PROJECT #93.132 AUGUST 26, 1997 REP. DWG. B-2128 PAGE 1 OF 4 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, R~NGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLF COURSE P,~.RCEL 2 AND TOURNAMENT BLVD. OF MARCO SHORES UNIT 30 GOLF COURSE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 -EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.OO'18'41'E., ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 15,FOR A DISTANCE OF 1,343.26 FEET; THENCE CONTINUE S.89'13'35"E., FOR A DISTANCE OF 144.79 FEET, TO THE OINT F INNING OF THE PARCEL OF LAND HEREINDESCRIBEO; THENCE RUN S.89'13'35"E., FOR A DISTANCE OF 57.59 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18", SUBTENDED BYA CHORD OF 34.30 FEET AT A BEARING OF S.[,2°11'26"E., FOR A DISTANCE OF 34.38 FEET TO THE END OF SAID CURVE; THENCE RUN S.75'09'17'E., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 118.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27", SUBTENDED BY A CHORD OF 67.36 FEET AT A BEARING OF S.58'38'34"E., FOR A DISTANCE OF 68.30 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 195.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45', SUBTENDED BY A CHORD OF 154.21 FEET AT A BEARING OF S.65'40'43'E., FOR A DISTANCE OF 158.64 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 110.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 62.05 FEET AT A BEARI;~G OF N.75'31'50"E., FOR A DISTANCE OF 62.79 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 99.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 52.06 FEET AT A BEARING OF N.75'31'50"E., FOR A DISTANCE OF 52.68 FEET TO THE END OF SAID CURVE; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 349.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BYA CHORD OF 90.11 FEET AT A BEARING OF S.81 '48'32'E., FOR A DISTANCE OF 90.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 5.51.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 142.27 FEET AT A BEARING OF S.81'48'32"E., FOR A DISTANCE OF 142.67 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'1~'35"E., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 501.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.72 FEET AT A BEARING OF N.83'44'19"E., FOR A DISTANCE OF 123.03 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 499.00 12C 5 H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAG~ 2 OF 4 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.23 FEET AT A BEARING OF N.83'44'19"E., FOR A DISTANCE OF 122.54 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 1,068.77 FEET; THENCE RUN S.88'20'44'E., FOR A DISTANCE OF 121.30 FEET TO THE BEGINNING OF A TANGENTIAL CIF(CULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 549.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01 ", SUBTENDED BY A CHORD OF 421.22 FEET AT A BEARING OF S.65'47'13"E., FOR A DISTANCE OF 432.30 FEET TO THE END OF SAID CURVE; THENCE RUN S.43°13'43'E., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13", SUBTF_NDEO BY A CHORD OF 253.26 FEET ATA BEARING OF S.50'09'19"E., FOR A DISTANCE OF 253.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.57°04'56"E., FOR A DISTANCE OF 28.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE ACCORDII'~G TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE ALONG THE RIGHT-OF-WAY LINES OF CHAMPIONSHIP DRIVE AND TOURNAMENT BLVD. AS THE SAME ARE SHOWN ON SAID MARCO SHORES UNIT 30 GOLF COURSE. FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S.57'04'56"E., FOR A DISTANCE OF 564.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGH'r, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13", SUBTENDED BYA CHORD OF 839.73 FEET AT A BEARING OF S.50'58'50"E., FOR A DISTANCE OF 841.32 FEET TO THE END OF SAID CURVE: 3. THENCE RUN S.44'52'43"E., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S.00'07'17'W., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 5. THENCE RUN S.45'07'17'W., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,050.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12", SUBTENDED BY A CHORD OF 502.74 FEET AT A BEARING OF S.38'04'41"W., FOR A DISTANCE OF 504.01 FEET TO THE END OF SAID CURVE; 7, THENCE RUN S.31'02'05"W., FOR A DISTANCE OF 243.18 FEET; THENCE DEPARTING THE WESTERLY RIGHT-OF-WAY LINE OF TOURNAMENT BLVD., RUN S.58'57°55"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE; THENCE CONTINUE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE FOR THE FOLLOWING 3 COURSES; 12C 5 H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 3 OF 4 1. THENCE CONTINUE S.58'57'55"E., FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55", SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF S.54'35'27"E., FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.50'13'00"E., FOR A DISTANCE OF 800.51 FEET; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIOTT CLUB DRIVE, RUN S,39'47'00'W., FOR A DISTANCE OF 10.00 FEET; THENCE RUN N.50°13'00"W., FOR A DISTANCE OF 800.51 FEET TO THE BEGINNI~G OF A TANGENTIAL CIRCULAR CURVE. CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CE[~TRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 601.02 FEET AT A BEARING OF N.54'35'28"W., FOR A DISTANCE OF 601.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.58'57'55"W.. FOR A DISTANCE OF 1,052.53 FEET; THENCE RUN N.31'02'05'E., FOR A DISTANCE OF 253.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,O60.00 FEET, THROUGH A CENTRAL ANGLE OF 14°05'12", SUBTENDED BY A CHORD OF 505.19 FEET AT A BEARING OF N.38'04'41'E.. FOR A DISTANCE OF 506.47 FEET TO TF;~ END OF SAID CURVE; THENCE RUN N.45'07'lT"E., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N.00'O7'17"E.. FOR A DISTANCE OF 62.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.44'52'43"W., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13', SUBTENDED BYA CHORD OF 837.61 FEET AT A BEARING OF N.50'55'49"VV., FOR A DISTANCE OF 839.19 FEET TO THE ENO OF SAID CURVE; THENCE RUN N.57'04'56"W., FOR A DISTANCE OF 592.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,0~0.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTENDED BY A CHORD OF 255.68 FEET AT A BEARING OF N.50'09'19"W., FOR A DISTANCE OF 256.30 FEET TO THE END OF SAID CURVE; THENCE RUN N.43'13'43"W., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 539.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHORD OF 413.55 FEET AT A BEARING OF N.65'47'13"W., FOR A DISTANCE OF 424.43 FEET TO THE END OF SAID CURVE; THENCE RUN N.88'20'44"W., FOR A DISTANCE OF 121.22 FEET; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 1,068.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 469.00 FEET, THROUGH A CENTRAL ANGLE OF 14°04'12". SUBTENDED BYA CHORD OF 119.78 FEET AT A BEARING OF S.83'44'19"W., FOR A DISTANCE OF 120.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 511.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 125.17 FEET AT A BEARING OF S.63'44'19"W., FOR A DISTANCE OF 125.48 FEET TO THE END OF SAID CURVE; H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 4 OF 4 THENCE RUN N.89'13'55'W., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 561,00 FEtET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 144.85 FEET AT A BEARING OF N.81'48':32'W,, FOR A DISTANCE OF 145.25 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 339.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A C~{ORD OF 87.53 FEET AT A BEARING OF N.81'48'52"W., FOR A DISTANCE OF 87.77 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'15'3S"W., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 89.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 46.80 FEET AT A BEARING OF S.75'51'50'W., FOR A DISTANCE OF 47.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 128.00 FEET, THROUGH A CENTRAL ANGLE OF 50'29'10", SUBTENDED BY A CHORD OF 67.31 FEET AT A BEARING OF S.75'31'50"W., FOR A DISTANCE OF 68.11 FEET TO THE END OF SAID CURVE; THENCE RUN N.89°13'35"W., FOR A DISTANCE OF 91 .:35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 203.00 FEET, THROUGH A CENTRAL ANGLE OF 47°05'45", SUBTENDED BY A CHORD OF 162.20 FEET AT A BEARING OF N.65'40'43"W., FOR A DISTANCE OF 166.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THE;~CE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 108.50 FEET, THROUGH A CENTRAL ANGLE OF 33'01'27', SUBTENDED BY A CHORD OF 61.68 FEET AT A BEARING OF N.58°38'54"W., FOR A DISTANCE OF 62.54 FEET TO THE END OF SAID CURVE; THENCE RUN N.75°09'17"VV., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 14°04'18", SUBTENDED BY A CHORD OF 31.85 FEET AT A BEARING OF N.82*ll'26"W., FOR A DISTANCE OF 31,93 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35'W., FOR A DISTANCE OF 57,51 FEET; THENCE RUN N.00'19'00"E., FOR A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 2.039 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OR RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00'lS'41'E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPH'o' STATE OF FLORIDA C> *** OR: 2346 PG: 0019 " 120 · Form 5 - Rev. 4/28/89 Attorney's Affidavit) Utililies Acceptance - Doc #320 This Instrument prepared by: Mark J. Woodward, Esquire Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, FL 34108 2224998 OR: 2346 PG: 0020 IiC0RDI0 in 0FHCIAL UC010S 0~ C0LLII! C0~I/Y, ilC 711 ¢0H15 1,00 72~0 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER On this 3rd day of September, 1997, before me personally appeared Mark J. Woodward, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 801 Laurel Oak Drive, Suite 640, Naples, Florida 34108, (941) 566- 3131 (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water- Sewer District to accept the dedication or conveyance of water and sewer utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land b~ing located in Collier County, Florida. 2. The Affiant has examined record title information to both the real and personal property referenced in this affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements from Commonwealth Land Title Insurance Company's Policy No. 107-671953 and endorsements which cover all public records on file up to and including February 3, 1994; Chicago Title Insurance Company's Policy No. 10 0878 106 00000009 which covers all public records on file up to and including June 26, 1996; and abstracts from First Title & Abstract, Inc., which covers all public records on file up to and including June 24, 1997, at 5:00 p.m. From such examination, I am of the opinion that: The record title is vested in Gulf Bay 100, Inc., and Parcel Z, Inc., d/b/a 951 Land Holdings Joint Venture, by instruments recorded in O.R. Book 1911, page 144, and in O.R. Book 2199, page 1420, Public Records of Collier County, Florida. Said record title holders have a fee simple title thereto subject, however, to the following qualifications: 1. Taxes: For the year 1997 and subsequent years although not yet due and payable until on or after November 1, 1997. 1996 taxes were paid on November 26, 1996. 2. Department of Army Permit issued under Application Number 78B-0683 having an effective date of September 29, 1983, and recorded in O.R. Book 1360, pages 1238-1252, recorded September 24, 1991, in O.R. Book 1650, at pages 160-174. 3. Road Easement dated December 12, 1989, from the Deltona Corporation, to The School Board of Collier County, recorded December 29, 1989, in O.R. Book 1495, at pages 374-383. 4. Temporary Access Easement recorded April 10, 1997, in O.R. Book 2303, page 1792, Public Records of Collier County, Florida. 5. Development Mortgage and Security Agreement in favor of Tomen ~erica Inc. recorded in O.R. Book 2154, page 350; Future Advance and Mortgage Modification Agreement recorded in O.R. Book 2247, page 1316; Assignment Page 1 of 2 OR: 2346 PG: 0021 of Rents and Leases recorded in O.R. Book 2247, page 1356; and UCC-1 Financing Statement recorded in O.R. Book 2247, page 1380, all of the Public Records of Collier County, Florida. 6. Polling Place Agreement between 951 Land Holdings Joint Venture and the Supervisor of Elections, recorded in O.R. Book 2169, page 1177, Public Records of Collier County, Florida. 7. Final Judgment validating the Fiddler's Creek Community Development District Special Assessment Revenue Bonds, Case No. 96-3097-CA-01-TB, recorded in O.R. Book 2239, page 1896, Public Records of Collier County, Florida. 8. Avigation Easement in favor of Collier County and Collier County Airport Authority, recorded October 25, 1996, in O.R. Book 2242, page 2307, Public Records of Collier County, Florida. 9. That certain Planned Unit Development (P.U.D.) issued by Collier County under Ordinance No. 84-41 (84-42) on June 12, 1984, as amended by Ordinance Nos. 88-48 and 89-34 as issued on May 24, 1988, and June 13, 1989 respectively, Collier County, Florida. 10. That certain Development Order (D.O.) issued by Collier County under Ordinance No. 84-3 on June 12, 1984, recorded February 15, 1990, in O.R. Book 1505, pages 1728 through 1782, as amended by ordinance Nos. 88-117 i~sued May 24, 1988, recorded in O.R. Book 1505, page 2348, and 89-149 as issued June 13, 1989, recorded in O.R. Book 1505, page 1795, recorded in O.R. Book 1514, at pages 746-760, Collier County, Florida. 11. Potable Water Easement dated November 9, 1989, from The Deltona Corporation, to City National Bank of Florida, as Trustee, recorded November 16, 1989, in O.R. Book 1484, at pages 1697-1711. Not covered in this Title Opinion are: rights of parties und.~r unrecorded purchase agreements or leases, if any; and facts that might be disclosed by an accurate survey or personal inspection of the property. A copy of each of the above-referenced instruments is attached hereto and by reference made a part hereof. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. Mark J. Woodward STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 3rd day of September, 1997, by MARK J. WOODWARD, who is personally known to me. 'Prin~ Name: Notary Public Commission No. My Commission Expires: (SEAL) Page 2 of 2 128 5 Prese~in~ and enhancing Flor'ida's qualify' of life ~inco t 966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SUrrVEYORS H.M.A. PROJECT at93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 1 OF 4 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION SECTIONS 14 AND 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND A PORTION OF GOLF COURSE PARCEL 2 AND TOURNAMENT BLVD. OF MARCO SHORES UNIT 30 GOLF COURSE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17, PAGE 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.00"18'41"E., ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION ~.5,FOR A DISTANCE OF 1,343.26 FEET; THENCE CONTINUE S.89°13'35"E., FOR A DISTANCE OF 144.79 FEET, TO THE I OF I IN OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 57.59 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18', SUBTENDED BY A CHORD OF 34.30 FEET AT A BEARING OF S.82'11'26'E., FOR A DISTANCE OF 34.38 FEET TO THE END OF SAID CURVE; THENCE RUN S.75'09'17'E., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 118.50 FEET, THROUGH A CENTRAl. ANGLE OF 33'01'27', SUBTENDED BY A CHORD OF 67.36 FEET AT A BEARING OF S.58'38'34'E., FOR A DISTANCE OF 68.30 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 193.00 FEET, THROUGH A CENTRAL ANGLE OF 47°05'45'. SUBTENDED BY A CHORD OF 154.21 FEET AT A BEARING OF S.65'40'43'E., FOR A DISTANCE OF 158.64 FEET TO THE END OF SAID CURVE; TFIENCE RUN S.89'13'35'E., FOR A DISTANCE OF 91.35 FEET TO THE BEGIHNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 118.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 62.05 FEET AT A BEARING OF N.75'31'50'E., FOR A DISTANCE OF 62.79 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 99.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10", SUBTENDED BY A CHORD OF 52.06 FEET AT A BEARING OF N.75*31'50"E., FOR A DISTANCE OF 52.68 FEET TO THE END OF SAID CURVE; THENCE RUN S.89°13'35"E., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 349.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06', SUBTENDED BY A CHORD OF 90.11 FEET AT A BEARING OF S.81'48'32"E., FOR A DISTANCE OF 90.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 551.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 142.27 FEET AT A BEARING OF S.81'48'32"E., FOR A DISTANCE OF 142.67 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35"E., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 501.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 122.72 FEET AT A BEARING OF N.83'44'19"E., FOR A DISTANCE OF 123.03 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN -EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 499.00 12. g H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 2 OF 4 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 122.23 FEET ATA BEARING OF N.83'44'19'E., FOR A DISTANCE OF 122.54 FEET TO THE END OF SAID CURVE; THENCE RUN S.89'13'35'E., FOR A DISTANCE OF 1,068.77 FEET; THENCE RUN S.88'20'44"E., FOR A DISTANCE OF 121.30 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 549.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01", SUBTENDED BY A CHORD OF 421.22 FEET AT A BEARING OF S.65°47'13'E., FOR A DISTANCE OF 432.30 FEET TO THE END OF SAID CURVE; THENCE RUN S.43'13'43'E., :~OR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,050.00 FEET, THROUGH A CENTRAL ANGLE OF 13'51'13', SUBTENDED BY A CHORD OF 253.26 FEET AT A BEARING OF S.50'09'19'E., FOR A DISTANCE OF 253.88 FEET TO THE END OF SAID CURVE; THENCE RUN S.57'04'56'E., FOR A DISTANCE OF 28.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CHAMPIONSHIP DRIVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THEHCE CONTINUE ALONG THE RIGHT-OF-WAY LINES OF CHAMPIONSHIP DRIVE AND TOURNAMENT BLVD. AS THE SAME ARE SHOWN ON SAID MARCO SHORES UNIT 30 GOLF COURSE, FOR THE FOLLOWING 7 COURSES: 1. THENCE CONTINUE S.57'04'56"E., FOR A DISTANCE OF 564.37 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 12°12'13". SUBTENDED BYA CHORD OF 839.73 FEET AT A BEARING OF S.50'58'50'E., FOR A DISTANCE OF 841.32 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.44'52'43'E., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; 4. THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00", SUBTENDED BY A CHORD OF 70.71 FEET AT A BEARING OF S.00'07'17"W., FOR A DISTANCE OF 78.54 FEET TO THE END OF SAID CURVE; 5. THENCE RUN S.45'07'17~N., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; 6. THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A P~.DIUS OF 2,050.00 FEET, THROUGH A CENTRAL ANGLE OF 14°05'12", SUBTENDED BY A CHORD OF 502.74 FEET AT A BEARING OF S.38°04'41"W., FOR A DISTANCE OF 504.01 FEET TO THE END OF SAID CURVE; 7. THENCE RUN S.31'02'05'W., FOR A DISTANCE OF 243.18 FEET; THENCE DEPARTING THE WESTERLY RIGHT-OF-WAY LINE OF TOURNAMENT BLVD., RUN S.58'57'55"E. FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE; THENCE CONTINUE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF MARRIOTT CLUB DRIVE FOR THE FOLLOWING 3 COURSES: H.M.A. PROJECT/193.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 3 OF 4 1. THENCE CONTINUE S.58'57'55"E., FOR A DISTANCE OF 892.53 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; 2. THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3,950.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 602.55 FEET AT A BEARING OF S.54'35'27'E., FOR A DISTANCE OF 603.13 FEET TO THE END OF SAID CURVE; 3. THENCE RUN S.50'13'00"E., FOR A DISTANCE OF 800.51 FEET; THENCE DEPARTING THE SOUTHERLY RIGHT-OF-WAY LINE OF MARRIOtt CLUB DRIVE, RUN S.39'47'00'W., FOR A DISTANCE OF 10.00 FEET; THENCE RUN N.50'lY00"W., FOR A DISTANCE OF 800.51 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 08'44'55', SUBTENDED BY A CHORD OF 601.02 FEET AT A BEARING OF N.54'35'28'W., FOR A DISTANCE OF 601.61 FEET TO THE END OF SAID CURVE; THENCE RUN N.58'57'55'VV., FOR A DISTANCE OF 1,052.53 FEET; THENCE RUN N.31'02'05'E., FOR A DISTANCE OF 253.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAiD CURVE TO THE RIGHT, HAVING A RADIUS OF 2,060.00 FEET, THROUGH A CENTRAL ANGLE OF 14'05'12", SUBTENDED BY A CHORD OF 505.19 FEET AT A BEARING OF N.38'O4'41'E., FOR A DISTANCE OF 506.47 FEET TO THE END OF SAID CURVE; THENCE RUN N.45'07'17"E., FOR A DISTANCE OF 142.01 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 90'00'00', SUBTENDED BY A CHORD OF 56.57 FEET AT A BEARING OF N.O0'07'lT'E., FOR A DISTANCE OF 62.83 FEET TO THE END OF SAID CURVE; THENCE RUN N.44'52'43'W., FOR A DISTANCE OF 351.89 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CO;~CAVE SOUTHWESTERLY; THE/~CE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,940.00 FEET, THROUGH A CENTRAL ANGLE OF 12'12'13', SUBTENDED BY A CHORD OF 837.61 FEET AT A BEARING OF N.50'58'49"W., FOR A DISTANCE OF 839.19 FEET TO THE END OF SAID CURVE; THENCE RUN N.57'04'56"VV., FOR A DISTANCE OF 592.52 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,060.00 FEET, THROUGH A CENTRAL ANGLE OF 13°51'13', SUBTENDED BY A CHORD OF 255.68 FEET AT A BEARING OF N.50'09'19"W., FOR A DISTANCE OF 256.30 FEET TO THE END OF SAID CURVE; THENCE RUN N.43°13'43"W., FOR A DISTANCE OF 241.85 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SO~ESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 539.00 FEET, THROUGH A CENTRAL ANGLE OF 45'07'01', SUBTENDED BY A CHORD OF 413.55 FEET AT A BEARING OF N.65'47'13'W., FOR A DISTANCE OF 424.43 FEET TO THE END OF SAID CURVE; THENCE RUN N.88°20'44"W., FOR A DISTANCE OF 121.22 FEET; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 1,068.69 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CQNCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 489.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12", SUBTENDED BY A CHORD OF 119.78 FEET AT A BEARIF~G OF S.83'44'lg'VV., FOR A DISTANCE OF 120.08 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 511.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'12', SUBTENDED BY A CHORD OF 125.17 FEET AT A BEARING OF S.83'44'19'W., FOR A DISTANCE OF 125.48 FEET TO THE END OF SAID CURVE; O 0 0 H.M.A. PROJECT #93.132 AUGUST 26, 1997 REF. DWG. B-2128 PAGE 4 OF 4 THENCE RUN N.89'13'35'W., FOR A DISTANCE OF 399.92 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE 70 THE RIGHT, HAVING A RADIUS OF 561.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 144.85 FEET AT A BEARING OF N.81 '48'32"W., FOR A DISTANCE OF 145.25 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN VVESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 339.00 FEET, THROUGH A CENTRAL ANGLE OF 14'50'06", SUBTENDED BY A CHORD OF 87.53 FEET AT A BEARING OF N.81'48'32'VV., FOR A DISTANCE OF 87.77 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 115.03 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 89.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 46.80 FEET AT A BEARING OF S.75'31'50"W., FOR A DISTANCE OF 47.36 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 128.00 FEET, THROUGH A CENTRAL ANGLE OF 30'29'10', SUBTENDED BY A CHORD OF 67.31 FEET AT A BEARING OF S.75'31'50"W., FOR A DISTANCE OF 68.11 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35"W., FOR A DISTANCE OF 91.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 203.00 FEET, THROUGH A CENTRAL ANGLE OF 47'05'45', SUBTENDED BY A CHORD OF 162.20 FEET AT A BEARING OF N.65'40'43"VV., FOR A DISTANCE OF 166.86 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, I-~VING A RADIUS OF 108.50 FEET, THROUGH A CENTRAL ANGLE OF 33°01'27', SUBTENDED BY A CHORD OF 61,68 FEET AT A BEARING OF N.58'38'34'VV., FOR A DISTANCE OF 62.54 FEET TO THE END OF SAID CURVE; THENCE RUN N.75°og'17'W., FOR A DISTANCE OF 44.90 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 14'04'18", SUBTENDED BY A CHORD OF 31.85 FEET AT A BEARING OF N.82'11'26"W., FOR A DISTANCE OF 31.93 FEET TO THE END OF SAID CURVE; THENCE RUN N.89'13'35'W., FOR A DISTANCE OF 57.51 FEET; THENCE RUN N.OO'19'00"E., FOR A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING; CONTAINING 2.039 ACRES. MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OR RECORD. BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.00'lS'41'E. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS M. MURPI-;Y P.S.M. # 5628 STATE OF FLORIDA OR: 2346 PG: 0026 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement {~ Other: (Display Adv., location, etc.) 12C 6 Originating Dept/Div: Office of Franchise Admin/ Office County Administrator Person: Jean Merritt Date: 7/9/71 Petition No. (If none, give brief description): Notice of Consideration of a cable television franchise renewal Petitione~. (Name & Address): MediaOne, Enterprises, inc. 301 Tower rd. Naples, Fl. ~ -.8t4153, Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing bcfore XX BCC BZA Other Requested ttearing date: 7/29/97 (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): [] Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: See attached. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost.'? ['-]X Yes [] No If Yes, what account should be charged for advertising costs: Approved by: Division ttead Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS Ao For hearlng.~ before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, Is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CL'~RK'S OFFICE USE ONLY. / ! A ~ ~/ _ · ' /. ,,.2 7 12g /o ~ ~0: (9A1) ~74-8408 ~ NO: (941) 774-8406 ~.~:~ ,~ ,'-u..:,I '~: ~:~ ,o~- u..~* .:,~ .' 1~ ~ 16:12 ~' ~1'~ 1~ ~-~ 16:16 ~ 02'~ 9~ 191 ~-~ ~: 19 ~'~'~ 914~44915 - 192 ~-~ ~:21 ~01'51 914~4915 193 ~ 15:16 ~'~ 9~ 1~ ~-~ 15:21 ~ ~1'57 9~4 ~ 3 16 1~ ~-~ ~:23 ~01'~9 1~ ~-~ ~:53 ~ 02'02 9~34~4 1~ ~-~ 1~:31 ~01'~ ~99 ~ 2 ~11 1~ ~-10 ~:17 ~01'4~ 94126~ ~ 2 ~IA ~ ~-10 10:~ ~ 02'~ 9~ ~ ~ ~~11 ~1 ~-10 15:~0 ~'01'~ 926~ ~ 2 ~1~ ~ ~-11 ~:18 ~1'~ 941~ ~ 2 ~IB ~ ~-15 10:46 ~01'40 9~ ~ 2 ~~iB T~ ~S July 15, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider a cable franchise renewal Dear Judi: Please advertise the above referenced notice one time on Friday, July 18, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. to be charged: 111-100210-649100 (Office of Franchise Admin.) 12C 6 Notice of Consideration ora Cable Television Franchise Renewal MediaOne Enterprises, Inc. has submitted a renewal proposal to the Collier County Board of Commissioners to provide cable television franchise service to the following areas: All of unincorporated Collier County A public hearing will be held on July 29, 1997, at a regular meeting of the Board of County Commissioners, 3'~ floor of the Administration Building at the Government Complex, to consider MediaOne Enterprises, Inc.'s cable television franchise renewal application. All cable operators and any person or entities having an objection to the renewal of this cable television franchise are invited to appear at the regular public hearing described above. All persons wishing to speak on this agenda item must register prior to speaking. Any person who decides to appeal a decision of this Board will nced a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatirn record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. All registered public speakers will be limited to five (5) minutes unless permission for additional time is granted by the Chairman. I~OARI) OF CO0Wl~ COI~ISSIOI~RS COLLIER COOl~r~ ~ FLORIDA TIHOTHY L. RANCOCK, CItAIRNAI~ D~FIGltI E. BROCK, CLERK By: (s)Sue Barbiret£i, Deputy Clerk 120 6 July 15, 1997 MediaOne, Enterprises, Inc. 301 Tower Road Naples, FL 34113 RE: Notice of Public Hearing to consider cable television franchise renewal Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29., 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, July 18 1997. ' You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. I 2 3 4 6 7 8 9 I0 I1 12 13 14 16 17 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 36 37 38 39 4O 41 State of Florida - Collier County 12C 6 CABLE TELEVISION FRANCHISE DATE: This Cable Television Franchise, issued by and between Collier County, a Florida non- charier county, and MediaOne Enterprises, Inc. hereinafter Grantee. WHEREAS, the County of Collier, hereinafter referred to as "County" or "Grantor", desires to assure the widespread availability of Cable Services within the County to promote commerce and otherwise further the public interest; 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 conducted full public proceedings, during which proceedings the technical ability, financial condition, legal qualification and general character of Crantee were determined acceptable to receive a renewal of its franchise; WHEREAS, Grantee is currently furnishing Cable Service in the County pursuant to three franchises that expire August 6, 1997, August 20, 1997 and May 13, 2006, and Grantee desires to replace these existing franchises and from this point forward to be recognized as one (I) franchise with an expiration date of 15 years from date &acceptance by Grantee. WHEREAS, certain provisions contained in Chapter 30 of the Collier County Code (the Master Ordinance) should be waived in renewing these franchises; WtlEREAS, the County has also considered and analyzed the plans &Grantee for the construction and operation of its Cable System and found the same to be adequate and feasible in view &the needs and requirements of the area to be served 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 Grantee to operate a Cable System within the specified franchise area within Collier County and on the terms and conditions hereinafter set forth; and, WHEREAS; Grantee desires to construct and operate a Cable System consisting of fiber optic, coaxial and multi-pair cables along portions of the County's fight-of-way. 1 12g I 3 4 6 7 9 10 11 12 14 16 17 18 19 20 21 22 23 24 26 27 29 30 32 34 36 39 40 41 42 Section 1. Findings Pursuant to the procedures in the Cable Act, Section 166.046, F.S., and Chapter 30 § 28(0(1) of thc Collier County Code, the Grantor has held a public heating where the following issues related Io granting a cable television franchise to Grantee were considered: (i) the economic impact upon private properly within the County; (ii) the public need for such franchise; (iii) the capacity of public rights-of-way to accommodate the cable system; (iv) the present and future use of the public rights-of-way to be used by the cable system; (v) the potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public; (vi) the financial ability of the franchise applicant to perform; (vii) the experience of the applicant in the erection, operation and maintenance of a CATV system, (viii) technical quality and completeness of the proposed plan for operation of the cable system, (ix) the legal, character, financial, technical and other qualifications necessary to construct, own and operate a cable television system, and (x) other societal interests as are generally considered in cable television franchising. The Grantor has determined that the Grantee has provided Cable Service under the three current franchises in a satisfactory fashion justifying renewal of such franchises. The Grantor has determined to grant a cable television franchise to MediaOne Enterprises, Inc. on the terms and conditions set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: Section 2. Definitions For the purposes of this Franchise, the following terms, phrases, words, and abbreviations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the si~gular, and words in a particular gender shall include each of the other gender. The words "shall" and "must" are always mandatory and not merely directory. 2.1 "Access" shall mean the availability of the cable system for use by va~ous local governmental agencies, including the County and the County's schools to acquire, create and distribute programming not under the Grantee's editorial control, including: 2.1.1 "Educational Access" shall mean access where schools are the primary or designated programmers or users having editorial control over their programming; 2.1.2 "Governmental Access" shall mean access where governmental institutions or their designees are the primary or designated programmers or users having editorial control over their programming; 2.2 "Affiliate," when used in relation to any person, shall mean another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. 12C 6 2 4 6 ? 8 9 10 t! ~2 14 15 16 17 ~9 20 21 22 23 24 25 26 27 28 29 3! 32 33 34 36 38 4O 4! 42 43 2.3 2.4 2.5 2.6 2.7 2.8 "Basic Cable Service" or "Basic Service" shall mean any service tier which includes the retransmission of local television broadcast signals ,-md access channels. This definition shall be deemed to change consistent with any changes in the definition of this term by the Federal Communications Commission. "Cable Operator" shall mean any person or group of persons: a) who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System, or b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System under a Franchise with Collier County. "Cable Service" shall mean: a) the one-way transmission to Subscribers of (a) video programming, or (b) other programming services, and, b) subscfibcr interaction, ifany, which is required for the selection or use of such video programming or other programming services. "Cable System" means 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 which includes video programming 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 1 or more television broadcast stations; b) a facility that serves subscribers without using any Rights-of-Way; c) a facility of common carrier which is subject, in whole or in part, to the provisions of Communications Act of 1934, as amended, except that such facility shall be considered a Cable System (other than for purposes of Section 621 (c)) to the extent such facility is used in the transmission of video programming directly to Subscribers. "Channel" shall mean a 6 MHz band of analog frequencies, or future encoding standard, in the electromagnetic spectrum (or any other means of transmission, including but not limited to optical fibers, which is capable of carrying the equivalent signal or signals), and includes uses of ali or any portion of such band of frequencies for digital video/television signals. "County" shall mean the Collier County, Florida, or the area within the present county limits or as such limits may be changed. 12g b I 2.9 2 4 2.10 S 2.11 9 lO 2.12 I2 14 ~s 2.13 19 20 21 22 2.14 23 24 2~ 26 2.15 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 "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 successor agency. "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 County, whether such authorization is designated as a Franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a Cable System but neither supersedes 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 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 fights-of-way and for other purposes. "Grantee" or "Franchisee" or "Company" shall 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 assignee of said person, firm, or corporation. "Gross Revenues" shall mean all revenues collected by the Grantee from the sale of cable television video or audio programming services, video tech services, and video games provided by Grantee within the County, specifically derived from Subscribers located within the County. a) Such revenue includes, but is not limited to fees charged to Subscribers for: 1) any video and / or audio program service; 2) installation, disconnection, reconnection or service maintenance agreements; and 3) equipment rental; 4) leased spectrum; 5) advertising sold by either the Grantee or its agent, and 6) home shopping services. The sum of the aforementioned shall be the basis for calculating the Franchise Fee imposed pursuant to Section 6 herein. b) Such revenues do not include those derived from: I) Other Communication Services; and 2) signal carriage (e.g. marketing co-op dollars, launch dollars and retransmission) agreements 3) refunds: 4) bad debt; 5) equipment deposits (e.g. customer terminal devices); 6) any sales, excise or other tax collected by Grantee ! 2 4 $ 6 ? 9 10 12 14 15 19 20 21 22 23 24 2~ 27 29 BO 32 34 3~ 36 37 39 40 41 42 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 on behalf of any governmental unit; 7) reimbursements for expenses (e.g., returned check fees and copy expenses); 8) items excluded by Local, State or Federal Law; or 9) local TV production and / or related program revenue. "Institutional Network or I-Net" shall mean a communication network for the provision of video services, voice transmissions and data transmissions which is available only to Collier County owned facilities and not for residential cable Subscribers. "Other Communications Service" shall mean information audio, video, data, telephony, Intcrnet access, text service, electronic communication (e-mail), or any other lawful service that Cable Operator makes available for purchase by Subscribers; "Person" shall mean an individual, partnership, association, limited liability company, joint stock company, trust, corporation, or governmental entity; "Public Buildings" shall mean publicly supported K-12 schools, Federal State, County, County government owned or leased buildings which are occupied by County employees for the sole use of conducting County Business "Educational, or Governmental Access Facilities" shall mean a channel capacity designated for educational or government use. "Public Way" or "Rights-Of-Way" shall include the surface, the air space above the surface, and the area below the surface 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 held by the County or the State which shall entitle the County and the Grantee to the use 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 guarantee by the County that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the Couni. y as the County may have the undisputed right and power to give or as granted by Federal or State law. "Reasonable Notification" shall mean 14 business days for all non financial related matters and thirty (30) business days for financial matters. "Subscriber" shall mean any person or entity lawfully receiving any portion of the Cable Service of Grantee pursuant to this Franchise. "Service Tier" shall mean a category of Cable Service or Other Communications services provided by a Cable Operator and for which a separate rate is charged by the Cable Operator; 5 120 6 I 2 3 4 5 6 '7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 Section 3. Franchise Territory 3.1 The cable television franchise granted under this Section shall include the geographic area described as Collier County, and the specific Public Ways necessary to serve such Section 4. Nature and Terms of Grant 4.1 Grantor does hereby convey to the Grantee a franchise to construct and operate a cable system, using owned and / or leased facilities, which may be located in the County Rights-of-Way. 4.2 Notwithstanding, Grantee may, in its sole discretion, elect to lease, for example, fiber optic, coaxial and multi-pair cable and other cable communication facilities or program services from other County franchised providers of Cable Service to support the operation of its Cable System. 4.3 Notwithstanding the requirements of Section 30-28 (g), the franchise granted herein shall run for a term of 15 years commencing upon acceptance by Grantee. The renewal application submitted with a $5,000 check meets any and all financial obligations to satisfy Grantor's renewal process of this Franchise Agreement. 4.4 Public Rights-of-Way use conditions. 4.4.1 All facilities shall be constructed, installed and located in accordance with the following terms and conditions: 4.4.2 The Grantor requires, at no cost to the County, the Grantee to locate its cable television facilities within the Rights-of-Way when the Grantor intends to conduct excavation projects. The Grantor shall be responsible for damage to cable television facilities caused by the negligent or intentional acts of its employees or agents. 4.4.3 The Grantor reserves the right, upon reasonable notice, to require the Grantee at its expense to protect, support, temporarily disconnect, relocate or remove 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 grade, installation or planned installation of sewers, drains, water pipes, power and / or communication lines, tracts, or other types of structure or improvements by governmental agencies or any other structures proposed for public improvement. Reasonable notice for this provision shall be in writing and shall be delivered to the Grantee at least ninety (90) days, except in the case of emergencies where no specific notice period shall be required. The Grantor shall 6 I 2 3 4 $ 6 ? 9 I0 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 4.5 4.6 4.7 endeavor to notify and scck comment from the Grantee with respect to minimizing disruption to the cable system, where public works projects may affect the Grantee's cable system. 4.4.4 4.4.5 4.4.6 Whenever a public way exists to accommodate the Grantee's system, the Grantee shall not locate its facilities offthe public right ofway and shall make every effort to locate its telecommunications facilities within the public way before seeking private easements within the County. The Grantee, at no cost to the County or the State, shall relocate its facilities and appliances which are in conflict with County projects to upgrade or construct roadways. The Grantee shall locate, place and construct its telecommunications facilities so as not to unreasonably or intentionally 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 existing facilities within the Rights.of-Way. Grantee shall restore and replace landscaped areas, pavement, pedestrian lighting, sidewalks, curbs, gutters or other facilities damaged by the Grantee and or its contractors with like material to their former condition at the Grantee's expense, and shall thereafter, from time to time, but no lo:;ger than one (1) year from the completion of the job, readjust, fill and finish the same as may be necessary due to settling of the earth associated with the Grantee's disruption of the Public Way. 4.4.7 The Grantee shall adhere to all Federal, State and local laws, rules and regulations regarding the location, construction, and maintenance of its cable system facilities within the Rights-of-Way. All franchisees are required to obtain construction permits for cable system facilities to be installed in Rights-of-Way. The Grantee shall, subject to commercial practicability, make its cable television services available to any customer within its service area who shall request such service, without discrimination as to the terms, conditions, rates or charges for Grantee's services; provided, however, that nothing in this Section shall prohibit a franchisee fi.om making reasonable classifications among differently situated customer groups. The Grantee reserves the right to deny new service or to terminate current service to customers who obtain the service in manners not authorized by the Grantee, who have a history of multiple failures to make timely payments. The Grantee shall make its cable services available to Subscribers the County at rates 7 12.0 ! 2 $ ? 9 10 ti 12 13 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 34 36 37 38 39 40 41 42 43 4.8 that comply with FCC guidelines. lnterconnection of Cable Systems 4.8.1 The Grantee shall have the capability to be interconnected with other adjacent cable systems. At a minimum, the cable system shall be capable of interconnecting government access channel (s) programming to other adjacent cable systems. 4.8.2 The Grantor may request the Grantee to negotiate interconnection of the government access channels (s) with other adjacent Cable Systems in the general area. 4.8.3 Grantee shall comply with State and Federal law regarding interconnection of its facilities with other Cable Systems. Section 5. 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 6. Compensation, Auditing and Other Payments 6.1 Grantee shall pay the County throughout the term of this Franchise, as compensation, an annual Franchise Fee of five percent (5%) of the Grantee's Gross Revenues. 6.2 Ali such payments of Franchise Fees shall be made payable to the Office of Franchise Administration quarterly in accordance with Chapter 30-280cX2), for the preceding period payable within sixty (60) calendar days after the end of the calendar quarter for which the payment is made. Franchise Fee payments shall be accompanied by a quarterly report itemizing and setting forth the revenues / receipts and showing the calculation of the payment due for the preceding period. 6.3 The payment of the Franchise Fee by the Grantee is for the right to construct and operate its cable system, as defined herein, within the Grantor's Rights-of-Way and is in lieu of a Rights-of-Way use or encroachment fee. 6.4 The Grantor, on an annual basis, shall be furnished a statement within ninety (90) days of the close of the calendar year, certified by an official ofthe franchisee 10 !1 12 13 14 1.5 16 17 18 20 21 22 2.3 24 26 27 28 30 31 .34 .37 40 41 42 4.3 12g 6 responsible for the Cable System's financial statements, reflecting the total amounts of Gross Revenues as defined herein, and all payments, and computations f,or the previous calendar year. Upon ten (10) days prior written notice, the Grantor shall have the right to conduct an independent audit of Grantee's records. The Grantor shall have the right to audit a Grantee's fiscal and financial records, and to recompute any amounts that are payable under Section 6 by the Grantee f,or a period of six months after receipt thereof., after which payments shall be final. Any additional amounts due the Grantor as a result of the audit shall be paid within sixty (60) days f,ollowing written notice to the Grantee by the Grantor of the underpayment, which notice shall include a copy of the audit. If,, after resolving any dispute arising f,rom such audit, Grantee has made a Franchise Fee underpayment of ten percent (10%) or more, the Grantee shall assume all reasonable costs of'such audit. In other events, the Grantor shall bear all costs and fees associated with any such audit. 6.5 Ail Grantee's books and records concerning its Gross Revenues and its calculation of payments to the Grantor, shall be available for inspection by an appropriate officer of the Grantor, or its designee, at reasonable times to determine the amount of compensation due to the Grantor from Grantee under this Franchise. Such records shall be kept so as to accurately show the same. Grantee sh~ll prepare and make available to the Grantor at times reasonably requested by the Grantor and in the form prescribed by the Grantor after consultation with the Grantee, such reports with respect to its Cable System and the Gross Revenues derived theref,rom, as the Grantor may deem reasonably necessary or appropriate. 6.6 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 Grantor. 6.7 Consistent with federal requirements, the Grantee shall file no less frequently than annually any tariffs, amendments, or modifications affecting the sale of its services and subscriber terminal equipment and shall provide written notification to the Grantor within thirty (30) days of any proposed changes. The Grantee shall also make available to the Grantor copies of all filings, reports and petitions to local, state, or federal regulatory agencies. Section 7. Franchise - Not Exclusive This Franchise shall be non exclusive. The Grantor reserves the right to grant franchises to other persons at any time or to contract with any other person for the use of the County streets or property for the operation of other Cable Systems. $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 If Grantor grants or modifies any overlapping cable television service franchise within its jurisdiction and the terms and conditions imposed therein are less burdensome or more favorable than those required in any existing franchise, the Grantor shall concurrently modify ali applicable existing franchise obligations to reflect such less burdensome or more favorable terms and conditions in the franchised geographic area. Section 8. No-Waiver 8.1 8.2 Section 9. 9.1 9.2 9.3 9.4 Section 10. Thc failure of the Grantor, 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 ofsuch fight or a waiver of compliance or performance, unless such fight has been specifically waived in writing. Waiver of a breach of this Franchise or any section of Chapter 30 of the Collier County Code shall not be a waiver ofany other breach. Neither the grant ofthis Franchise nor any provision herein shall constitute a waiver or bar to the exercise of any governmental fight or power of the County. Regulation The County Commission shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted .by this Franchise in the public interest. Any failure by the Grantor 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. 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 or state law, shall not be abrogated or otherwise limited. Following reasonable notice, the County reserves the right to inspect the installation and maintenance of the Cable System. The Grantee shall comply with all Federal, State and Local regulations, applicable to its cable system, such as the National Electrical Code, National Electrical Safety Code, Fiber Optic Cable Installation Specifications, 1987 (Telecommunication Industry Committee), traffic safety / lane closure rules and construction requirements promulgated by the County. Cable System Design and Construction 6 10 12C I 10.1 2 3 4 ? 8 10.2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4o 41 42 43 10.3 Section 11. 11.1 11.2 Section 12. 12.1 Grantee recognizes and hereby agrees to commit itsclf to compliance with all aspects of the Social Contract and the Social Contract Amendment. Grantor recognizes and accepts that Grantee will upgrade its Cable System in compliance with the Social Contract and the Social Contract Amendment, in all areas of the County where it is economically feasible. The Grantee shall make available for the Grantor's inspection all hybrid fiber coaxial (HFC) system design maps for Grantor'.~ review. Said review will take place on the premise of Grantee's place of business located within the County. The Grantee agrees to satisfy all FCC technical requirements obligated for a cable system. Continuing Tests The Grantee shall perform all tests necessary to demonstrate compliance with the requirements 47 CFR 76 subpart K. All tests shall be conducted in accordance with the FCC's rules. All construction maps will be made available for the review of the Grantor no less than ten (10) days prior to the commencement date ofthe upgrade. Said review will take place on the premises of Grantee's place ofbusiness located within the County. "As built" maps are considered proprietary and shall be made available to the County upon written request pursuant to an appropriate request for confidential treatment. Such maps should designate the location of Grantee's facilities. Government Access Provisions The Grantee shall set aside a total of two (2) channels of its transmission capacity for government access on the residential distribution system. The first of the two (2) channels is currently available. The second of the two (2) channels will be made available to the Grantor immediately upon its technical feasibility on before September 30, 1999, which ever comes first. The County is obligated to arrange with the Collier County Public School System, and the Collier County Public School System only, for sharing the channel (s). 12.1.1 The Grantor agrees to provide programming on the first ofthe two (2) channels to utilize formats limited to beta, ?4 inch, digital technology or formats generally considered to be technologically more advanced. Specifically, the Grantor agrees to cease utilizing V:~ inch tape format (s) 11 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 12.1.2 12.1.3 12.1.4 12.1.5 effective July I, 1998, as a format from which programming will be cablecast. The Grantee agrees to pay the Grantor a one-time donation of $145,000.00 for the sole purpose of purchasing television production related equipment to be used at the sole discretion of the Grantor. The Grantor agrees to provide and be responsible for all necessary maintenance personnel, at its expense, to acquire and produce programming through the use of such facilities. The Grantee will have no responsibility for maintaining or securing equipment owned or operated by the Grantor or the Collier County Public School System. Government access programming for the first of the two (2) channels will be made available immediately by the Grantor pursuant to Section 12.1. The Grantee shall provide, without charge to the Grantor, signal transportation for the first two (2) government access channels and shall be provided without charge to the Grantor from the point of origination (specifically Third Floor, Collier County Administration Building, 3301 East Tamiami Trail, Naples, Florida) to the Grantee's interconnection hub site located on Bonita Grand Road at the northwest corner of Exit 18 of Interstate 75 for distribution on the Grantee's Cable System originating from the interconnection hub site. Government access signal transportation for the second government access channel will be at the sole cost (to construct and maintain) an expense of the Grantor from the point of origination to the Grantee's prescribed interconnection hub site for distribution on the Cable System to Collier County Subscribers. Should the Grantor successfully negotiate with the Collier County Public School System (and the Collier County Public School System only) for the use of eight (8) Instructional Television Fixed Service (ITFS) channels. Grantee agrees to contribute a one-time contribution of $25,000.00 to go towards the Grantor's expense (s) related to the installation and maintenance of said Instructional Television Fixed Service (ITFS) directing Grantor's (transmit) signal to Grantee's (receive) designated ITFS receive location located on Bonita Grand Road at the northwest comer of Exit 18 of Interstate 75. In the event the Grantor makes use of the Instructional Television Fixed Service (ITFS) technology, Grantor is responsible for all maintenance related to delivering and maintaining adequate signal quality to the Grantee's interconnection hub site location. 12 15 16 l? 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 3~ 35 36 37 38 39 4O 41 42 43 1 2 3 4 5 6 7 12.2 8 9 lO 11 12 13 14 Section 13. 13.1 13.2 12.1.6 The Grantor shall be responsible for all programming cablecast on said channel (s). 12.1.7 The Grantee shall not be responsible for programming cablecast on said channel (s). The parties agree that any cost to the Grantee associated with providing these government access channel (s) and / or related services, facilities, and equipment under this Franchise, including without limitation, the amounts set forth herein are not part of the Franchise fee, and fall within one or more of the exceptions to 47 U.S.C § 542. Institutional Network Provisions The Grantor and the Grantee recognize that a closed loop fiber optic Institutional Network allowing for governmental, non-commercial communications by and between the Grantor's owned or leased facilities may be desirable. Therefore. The Grantor will have ninety (90) calendar days from the time the Grantee provides written notification to confirm Grantor's interest to either lease or purchase fiber facilities from Grantee. Grantor and Grantee recognize that the ninety (90) day period of time is a firm window of opportunity for Grantor to provide all necessary documentation to Grantee required by Grantee to proceed with the project so Grantee may begin to administer the Institutional Network project on behalf of the Grantor. Should the Grantor, at its sole discretion, elect to purchase said fibers, Grantor will reimburse Grantee for all expenses (labor and material) incurred for the placement and subsequent maintenance of said fibers at cost plus 11.25% increment as allowed by the Federal Communication Commission (FCC). Grantor is responsible for mapping, designing and technical specifications as well as material specifications of Grantor's said Institutional Network needs. In the event the Grantor, at its sole option, elects to lease up to two (2) fibers, Grantee agrees to lease said fibers at terms and conditions acceptable to both Grantee, and Grantor. The construction and maintenance or lease of the Institutional Network will be governed by a separate contract to be negotiated in good faith between the Grantee and Grantor upon notification from the Grantor that it plans to proceed with the project and has developed plans for utilization of the Institutional Network. Grantee agrees to work in a cooperative fashion with Grantor and its agents while the Grantor designs and selects components necessary to implement its applications relative to the Institutional Network and, if Grantor request, Grantee shall furnish terminal equipment at Grantee's cost, provided that the 13 120 6 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 13.3 Section 14. Section 15. 15.1 15.2 Grantee is reimbursed for said expenses plus 11.25% as allowed by the Federal Communications Commission (FCC) by the Grantor. The parties acknowledge that the agreement regarding usage of the Institutional Network is subject to all local, state, and federal law. The grantor or public agency agrees to indemnify and hold harmless the Grantee from and against any all claims, damages, liabilities, costs and expenses, including reasonable attorney's fees and costs directly related to the material under the Grantor's or public agency user's exclusive control carried on the Institutional Network, including but not limited to, copyright infringement, libel, slander, defamation, patent trademark, or invasion or privacy claims. Assignment (a) This Franchise or control thereof shall not be transferred or assigned without the prior written approval of the Franchise Authority, which approval shall not be arbitrarily or unreasonably withheld or delayed. (b) For purpose of this Section, a transfer or assignment of this Franchise or control thereof between commonly controlled entities, between affiliated companies or between parent and subsidiary corporation shall not constitute a transfer or assignment. Control shall mean majority (over 30%) voting control of the Franchisee. An affiliated company is one that directly or indirectly, or through one or more intermediaries, controls, is controlled by or is under common control with another person or entity. Remedies 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 Grantee's fights arising hereunder, in the event that: 15.1.1 The Grantee is found by a court of competent jurisdiction to have violated any material provision of this Franchise; or 15.1.2 The Grantee is found by a court ofcompetent jurisdiction to have practiced any fraud or deceit upon the Grantor. The Grantor shall give Grantee thirty (30) days written notice of its intent to exercise its rights under this Section, stating the reasons for such action. If 14 ! 2 3 4 6 7 9 I0 i! 12 13 14 16 !? lg 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 12C 6 Grantee cures the problem within the thirty (30) days notice period, or if the Grantee initiates substantial effort to remedy the stated problem and the efforts continue in good faith, then County shall not have the fight to declare a forfeiture of the Franchise. If Grantee fails to cure the stated violation within the thirty (30) days notice period, or if the Grantee does not undertake efforts satisfactory to the Grantor to remedy the stated violation, then the County, upon reasonable notice, may impose any or all of the remedies available herein. Section 16. Expiration and Renewal Renewal of this Franchise shall be governed by applicable State and Federal Law. Section 17. Confidential Information Grantee may idcntify information, such as trade secrets, submitted to the Grantor as confidential. Grantee shall prominently mark any information for which it claims confidentiality with the word "Confidential" in letters at least one-half (¼) inch in height, prior to submitting such information to the Grantor. Grantee may request the Grantor treat records containing trade secrets or proprietary information as confidential under Florida Public Records Law, the Grantor shall maintain the confidentiality of information designated "proprietary" by the Grantee. Should the Grantor 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 fo: Grantee to raise an objection, demonstrate why the requested information is proprietary and, ifnecessary, seek a court order to protect its proprietary information. Section 18. 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 Superior or District Court having jurisdiction thereof, or if in the federal courts, in the United States District Court for the Southern District of Florida. Section 19. 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: County Administrator 15 I 2 3 4 5 6 ? $ 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'/ 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 12C 6 Collier County 3301 Tamiami Trail East Naples, Fl 34112 With a copy to: Franchise Administrator Collier County 3301 Tarniami Trail Eaat Naples, Fl 34112 If to the Grantee: Vice President MediaOne 301 Tower Road Naples, FL 34113 With a copy to: Senior Vice President Southeast Region MediaOne 7800 Belfort Parkway Jacksonville, FL 32256 Section 20. Severability If any section, subsection, sentence, clause, phrase, or other portion 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 portions shall continue in full force and effect. Section 21. Non-Discrimination The Grantee shall not discriminate in any manner on the basis of age, race, sex, handicap, color, creed, national origin, or religion. Section 22. Non-Divestiture This Franchise shall not divest the County of any right or interest in the public rights-of-way. Section 23. Financial Stability Grantee will provide Grantor, on an annual basis, a current financial annual report and Form 10- K to satisfy requirements of Grantee's credit worthiness. Section 24. Remedies - Cumulative 16 ! 2 4 6 ? 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 6 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 comply with the Franchise. Remedies may be used singly or in combination; in addition, the County may exercise any rights it then has under applicable law. Section 25. 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: (1) to enforce the County's fights or assess compliance with the Franchise and applicable law; (2) in the exercise of any lawful regulatory power; or (3) as may be convenient in connection with any proceeding the County may or must conduct under applicable law with respect to Grantee's cable system. 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 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 to raise an objection, demonstrate why the requested information is proprietary and, if necessary, seek a court order to protect its proprietary information. Section 26. Books and Records - Reports and Responses to Questions 26.1 Grantee shall provide the following reports to Grantor: 26.1.1 A quarterly Franchise Fee report listing revenues received, by category, in a form similar to attached Exhibit A; 26.1.2 Grantee shall file with the 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. 26.1.3 The Grantee shall file with the County any request for protection under 17 1 2 3 4 $ 6 7 8 9 I0 Ii 12 13 14 15 16 17 18 2O 21 22 23 24 26 27 29 3O 3! 32 33 34 35 3~ 37 39 4O 41 42 43 Bankruptcy laws, or any judgment related to a declaration of bankruptcy by the Grantee, any affiliate which controls or manages the Grantee, or any operator of the Cable System. Section 27. Books and Records - Maintenance 27.1 In addition to reports required by this Franchise, the Grantee shall maintain records of FCC proof of performance. Section 28. Inspection of Plant The County may inspect the Grantee's Cable System during construction, and anytime thereafter upon reasonable to the 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. Section 29. Insurance 29.1 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 throughot,.', the franchise term. Insurance shall include in amounts not less than those provided by Chapter 30 § 36 of the Collier County Code. 29.2 The insurance coverage obtained by this Franchise in compliance within this Section shall be approved by the County's Risk Management Office and copies ofinsurance shall be filed with the County. Section 30. Emergency Alert The Grantee shall install and maintain an emergency alert system lEAS] pursuant to FCC's rules and regulations and the Florida Emergency Alert System Plan. Section 31. Service to Public Buildings Grantee shall, upon request, provide service to public buildings located within one hundred fifty feet C150' ") of Grantee's existing distribution system; provided, however, that if adequate underground conduit is provided by the requesting public agency, Grantee 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 and Other Communications Services to such public buildings shall be at Grantee's current rate. Any services which are provided without charge to any Public Building, neither the Grantor nor any 18 12C 6 i 2 3 4 5 6 7 9 i0 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 other person may resell such services. Notwithstanding any arrangement to the contrary under former franchises, the Grantor shall pay the Grantee's current rate for cable service and Other Communications Services used by the Grantee as well as all other charges and non-recurring charges for installation and other serviceable facilities associated with cable service. Section 32. Four Year Review: Performance Monitoring 32.1 During the years which commence on the fourth anniversary or any multiple thereafter, of the effective date of the Franchise, the Grantor may commence a review of Grantee's performance under the Franchise. As part of this review, the County may consider: a) whether the Grantee has complied with its obligations under the Franchise and applicable b) whether customer service standards, technical standards, or bond or security fund requirements are adequate or excessive; and, c) other issues as may be raised by the Grantee, the County, or the public. 32.2 The Grantor may conduct public hearings to provide the Grantee and the public the opportunity to comment on the Grantee's performance and other issues considered as pan of the four-year review. 32.3 Any revisions to this Franchise Agreement which either the County or the Grantee wishes to make as a result of these reviews shall be proposed under the procedures established herein. 32.4 Periodic Evaluation, Review and Modification. 32.4.1 The County and Grantee acknowledge and agree that the field of cable television is a relatively new and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term of this Franchise. Therefore, in order to provide for the maximum degree of flexibility in this franchise, and to help achieve a continued, advanced and n'lodern cable system, the following evaluation and review provisions will apply: a) The County may, upon thirty (30) days notice, request evaluation and review sessions at any time during the term of this Agreement and Grantee shall cooperate in such review and evaluation; provided, however, there shall not be more than one (1) evaluation and review session during a~y four (4) year period. b) Topics which may be discussed at any evaluation and review session include, but are not limited to, rates, channel capacity, the system performance, 19 I 2 3 4 5 6 7 8 9 I0 i! 12 13 14 15 17 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 programming, educational and government access, municipal uses of cable, subscriber complaints, judicial rulings, FCC rulings and any other topics the Grantor or Grantee may deem relevant. c) d) 32.4.2 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 Grantor may request to perform the evaluation and review. As a result of an evaluation and review session, the County or Grantee may determine that a change to the system or in the terms of the Franchise may be appropriate. In that event, either the Grantor or Grantee may propose modifications to the system or the Franchise. Grantee and the County shall, in good faith, review the terms of the proposed change or any proposed Amendment to this Franchise and seek to reach agreement on such change or Amendment. The Grantor and Grantee shall act in good faith during such negotiations and shall be obligated to agree to the reasonable requests of the other party changes in the system or amendment to the Franchise when the change or amendment is not inconsistent with the other terms of the Franch:se, or with applicable law or regulations, and the change or amendment is technically feasible, economically reasonable and will not result in a material alteration of the fights and duties of the parties under the Franchise. Section 33. Conflict with Cable Master Ordinance 33.1 The provisions of the Master Ordinance, are hereby incorporated herein by reference as if set out in full, and form part ofthe 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 Master Ordinance, the terms of this Franchise shall prevail. 33.2 The Grantor has examined the Master Ordinance and finds certain provisions unnecessary in view of the renewal status of the three franchises. Therefore, the Grantor elects to waive the applicability to Grantee during the term of this franchise of the sections: ( a ) Sec. 30-42 (f); ( b ) Sec. 30-54: ( c ) Sec. 30-61 Section 34. Reservation of Rights Grantor and Grantee reserve all rights that they may possess under the law unless expressly waived herein. 2O 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 35. Acceptance of Franchise Within thirty (30) calendar days following the grant of this Franchise, the Grantee shall file with the Grantor payment, if applicable, relating to Section 12.1.2 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 Grantee before a notary public, and shall in form and content be al,proved by the County Attorney. Section 36. Grant This Franchise is granted by the County to MediaOne Enterprises, Inc., pursuant and subject to the conditions and requirements provided by the Chapter 30 oft.he Collier County Code and applicable federal, state and local laws, rules and conditions. This Franchise bestows upon Grantee the authority to construct, maintain and operate a cable system, utilizing the Rights-Of- Way, to offer cable services and Other Communications Services within the County. 21 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 Section 37. Effective Date This Agreement shall become effective at 8:00 A.M. on the ~ day of ,1997. EXECUTED ON BEHALF OF TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER, FLORIDA, THIS DAY OF ,1997. ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Approved as to form and legal sufficiency: Timothy C. Hancock, Chairman Thomas C. Palmer Assistant County Attorney ACKNOWLEDGEMENT: MediaOne Enterprises, Inc. hereby agrees to be bound by and to comply with all requirements pursuant to the provisions of this Franchise. By: Kenneth L. Fuch Vice President Date: Notary Public Commission Expires 22 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 Exhibit A Monthly Franchise Fcc Reporting Schcdule Cable Operator Address Contact Person Title Accounting Department Phone Subscriber Detail 1.1 Basic I Average Subscription Units !.2 Basic Service Rate 1.3 CPST Average Sub. Units 1.4 CPST II Rate 1.5 Premium Service Average Units 1.6 Premium Service Rate 1.7 Disney Service Average Units 1.8 Disney Service Rate 1.9 Installation Average Completions 1.10 Installation Average Rate 1.11 Complimentary Accounts 1.12 Penetration Statistics 2.1 Total Homes Passed 2.2 Basic I Penetration Units 2.3 CPST Penetration Units 2.4 Premium Service Penetration %-age 2.5 Disney Service Penetration %-age 2.6 Chum: Average %-age Gross Revenue Detail Itemization Code Revenue 3.0 Cable Television 3.1 Basic I 3.2 CPST 3.3 Premium 3.4 Show'time 3.5 HBO Date: / / 6 23 1 2 3 ,4 5 6 ? 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 3.6 Disney 3.7 The Movie Channel 3.5 Pay Per View 3.6 FM Radio 3.7 Converter Rental 3.8 Remote Control 3.9 Cable Guide 3.10 Launch Fees 3.11 Program Carriage Fees 3.12 4.0 A/O Services 4.1 Basic I 4.2 CPST II 4.3 Premium 4.4 Showtime 4.5 HBO 4.6 Disney 4.7 The Movie Channel 4.5 Pay Per View 4.6 FM Radio 4.7 Converter Rental 4.8 Remote Control 4.9 Cable Guide 4.10 Lam~ch Fees 4.11 Program Carriage Fees 4.12 5.0 Service Charge 5.1 Installation 5.2 A/B Switch Sales 5.3 Up/Down Grades 5.4 Late Payment Fees 5.5 Check Return Fees 5.6 6.0 Commercial 6.1 Bulk (MDU) 6.2 Contract 6.3 6.4 7.0 Advertising 7.1 Commercial Insertion 24 6 ! 7.2 Barter Agreements 7.3 Home/Auto Sellers 3 7.4 4 5 8.0 Shopping Channels 8.1 HSN 7 8.2 QVC 8 8.3 9 8.4 I0 11 9.0 Video Production t2 9.1 13 9.2 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 10.0 Leased/Rentals 10.1 L-A Channel 10.2 Facilities 10.3 10.4 10.5 Code Revenue-Source 11.0 Miscellaneous 11.2 Reimbursement for Cable Damage I 1.3 Equipment Sales 11.4 Launch Incentives ll.5 ll.6 SUBTOTAL FRANCHISE FEE @5% TOTAL 6 25 1 2C6 '"'" I 2 3 4 5 6 7 8 9 I0 I1 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 State of Florida - Collier County CABLE TELEVISION FRANCHISE AGREEMENT This Cable Television Franchise Agreement entered into this 29" day of July, 1997 by and between Collier County, a political subdivision of the State of Florida and MediaOne Enterprises, Inc., a Rhode Island Corporation, hereinafter referred to as "Grantee". WITNESSETH: WIIEREAS, the County of Collier, hereinafter referred to as "County" or "Grantor", desires to assure the widespread availability of Cable Services within the County to promote commerce and otherwise further the public interest; WItEREAS, the County is the owner of certain public Rights-of-Way WHEREAS, the County has, following reasonable notice, and after consideration, analysis and deliberation conducted 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 of its franchise; WHEREAS, Grantee is currently furnishing Cable Service in the County pursuant to three franchises that expire August 6, 1997, August 20, 1997 and May 13, 2006, and Grantee desires to replace these existing franchises and fi.om this point forward to be recognized as one (I) fi.anchise with an expiration date of 15 years fi.om date of acceptance by Grantee. WIIEREAS, certain provisions contained in Chapter 30 of the Collier County Code (the Master Ordinance) should be waived in renewing these franchises; WItEREAS, the County has also considered and analyzed the plans of Grantee for the construction and operation of its Cable System and found the same to be adequate and feasible in view of the needs and requirements of the area to be served 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 Grantee to operate a Cable System within the specified franchise area within Collier County and on the terms and conditions hereinafter set forth; and, WHEREAS; Grantee desires to construct and operate a Cable System consisting of fiber optic, coaxial and multi-pair cables along portions of the County's tight--of-way. 07/29/97 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 I WHEREAS, Pursuant to the procedures in the Cable Act, Section 166.046,Florida 2 Statute, and Chapter 30 § 28(0(1) of the Collier County Code, the Grantor has held a public 3 hearing where the following issues related to granting a cable television franchise to Grantee 4 were considered: (i) the economic impact upon private property within the County; (ii) the public .s need for such franchise; (iii) the capacity ofpublic Rights-of-Way to accommodate the cable 6 system; (iv) the present and future use ofthe public Rights-of-Way to be used by the cable 7 system; (v) the potential disruption to existing users of the public rights-of-way to be used by the 8 cable system and the resultant inconvenience which may occur to the public; (vi) the financial 9 ability ofthe franchise applicant to perform; (vii) the experience ofthe applicant in the erection, 10 operation and maintenance of a CATV system, (viii) technical quality and completeness ofthe proposed plan for operation of the cable system, (ix) the legal, character, financial, technical and other qualifications necessary to construct, own and operate a cable television system, and (x) other societal interests as are generally considered in cable television franchising. The Grantor has determined that the Grantee has provided Cable Service under the three current franchises in a satisfactory fashion justifying renewal of such franchises. The Grantor has deteu,ined to renew a cable television franchise to MediaOne Enterprises, Inc. on the te,ns and conditions set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: Section 1. Findings The aforestated recitals are incorporated in their entirety herein. Section 2. Definitions For the purposes of this Franchise, the following terms, phrases, words, and abbreviations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in a particular gender shall include each of the other gender. The words "shall" and "taus:" are always mandatory and not merely directory. 2.1 "Access" shall mean the availability of the Cable System for use by various local governmental agencies, including the County and the County's schools to acquire, create and distribute programming not under the Grantee's editorial control, including: 2.1.1 "Educational Access" shall mean access where schools are the primary or designated programmers or users having editorial control over their programming; 2.1.2 "Governmental Access" shall mean access where governmental institutions or their designees are the primary or designated programmers or users having editorial control over their programming; 07/29/97 1 2 3 4 6 7 I0 I1 12 13 14 16 17 19 20 21 22 23 24 25 26 27 29 3o 31 32 33 34 35 36 37 38 39 40 41 42 43 2.2 "Affiliate," when used in relation to any person, shall mcan another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. 2.3 "Basic Cable Service" or "Basic Service" shall mean any service tier which includes the retransmission of local television broadcast signals and access channels. This definition shall be deemed to change consistent with any changes in the definition of this term by the Federal Communications Commission. 2.4 "Cable Operator" shall mean any person or group of persons: a) who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System, or b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System under a Franchise with Collier County. 2.5 "Cable Service" shall mean: a) the one-way transmission to Subscribers of (a) video programming, or Co) other programming services, and, b) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services. 2.6 "Cable System" means 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 which includes video programming 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 1 or more television broadcast stations; b) a facility that serves subscribers without using any R/ghts-of-Way; c) a facility of a common cartier which is subject, in whole or in part, to the provisions of The Communications Act of 1934, as amended, except that such facility shall be considered a Cable System (other than for purposes of Section 621 (c)) to the extent such facility is used in the transmission of video programming directly to Subscribers. 2.7 "Channel" shall mean a 6 MHz band of analog frequencies, or future encoding standard, in the electromagnetic spectrum (or any other means of transmission, including but not limited to optical fibers, which is capable of carrying the equivalent signal or signals), and includes uses ofall or any portion of such band of frequencies for digital video/television signals. 07/29/97 I 2 3 4 5 6 7 8 9 io I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 07/29/97 "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 mcan those standards adopted by the FCC and thc 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 successor agency. "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 County, whether such authorization is designated as a Franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a Cable System but neither supersedes 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 Fee" shall mean an annual fee of five percent (5%) of Grantee'~ Gross Revenues paid for the use and occupation of the County's Rights-of-Way and for other purposes. "Grantee" or "Franchisee" or "Company" shall 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 assignee of said person, firm, or corporation. "Gross Revenues" shall mean all revenues collected by the Grantee directly or indirectly from the sale of cable television video or audio programming services, video tech services, and video games provided by Grantee within the County, specifically derived from Subscribers located within the County. a) Such revenues include, but are not limited to Cable Service fees charged for: I) any video and / or audio program service; 2) installation, disconnection, reconnection or service maintenance agreements; 3) equipment rental; 4) Access or leased video channels; 5) advertising sold by the Grantee, either directly or indirectly, and 6) home shopping services. The sum of the aforementioned Section 2.15A shall be the basis for calculating the Franchise Fee imposed pursuant to Section 6 herein. i 2 3 4 5 6 7 8 9 l0 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 12C6 b) Such revenues do not include those derived from: 1) Other Communication Services; 2) signal carriage (e.g. marketing co-op dollars, launch dollars and rctransmission) agreements; 3) refunds: 4) bad debt; 5) equipment deposits (e.g. customer terminal devices); 6) any sales, excise or other tax collected by Grantee on behalf of any governmental unit; 7) reimbursements for expenses (e.g., returned check fees and copy expenses); 8) items excluded by Local, State or Federal Law; or 9) local TV production and / or related program revenue. "Institutional Network or I-Net" shall mean a communication network for the provision of video services, voice transmissions and data transmissions which is available only to Collier County owned facilities and not for residential cable Subscribers. "Other Communications Service" shall mean information audio, video, data, telephony, Interact access, text service, electronic communication (e-mail), or any other lawful service that Cable Operator makes available for purchase by Subscribers, "Person" shall mean an individual, partnership, association, limited liability company, joint stock company, trust, corporation, or governmental entity, "Public Buildings" shall mean publicly supported K-12 schools, Federal, State, County, government owned or leased buildings or parts of buildings which are occvpied by County employees for the sole use of conducting County Business, "Educational, or Governmental Access Facilities" shall mean a channel capacity designated for educational or government use. "Public Way" or "Rights-Of-Way" shall include the surface, the air space above the surface, and the area below the st.r/ace of any public street, avenues, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, squares, viaducts, waterways, greenways, utility easements, and other public property now or hereafter held by the County or the State which shall entitle the County and the Grantee to the use thereof for the purpose of installing and maintaining the Gt'antee's Cable System. No reference herein, or in any franchise, to the "public way" shall be deemed to be a representation or guarantee by the County that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by its use of such terms, be deemed to gain only such :tights 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. "Reasonable Notification" shall mean fourteen (14) business days for all non financial related matters and thirty (30) business days for financial matters. "Subscriber" shall mean any person or entity lawfully receiving any portion of the Cable Service of Grantee pursuant to this Franchise. 07/29/97 1 2 3 4 5 6 ? 8 9 lO Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2? 28 29 3O 31 32 33 34 35 36 39 4O 41 42 43 12C 2.24 "Service Tier" shall mean a category of Cable Service or Other Communications services provided by a Cable Operator and for which a separate rate is charged by the Cable Operator. Section 3. Franchise Territory The non-exclusive cable television franchise granted under this Section shall include the geographic area described as Collier County, and the specific Public Ways necessary to such areas. Section 4. Nature and Terms of Grant 4.1 Grantor does hereby convey to the Grantee a non-exclusive franchise to construct and operate a Cable System, using owned and / or leased facilities, which may be located in the County Rights-of-Way. 4.2 Notwithstanding, Section 4.1, Grantee may, in its sole discretion, elect to lease, for example, fiber optic, coaxial and multi-pair cable and other cable communication facilities or program services from other County franchised providers of Cable Service to support the operation of its Cable System. 4.3 Notwithstanding the requirements of current Collier County Code, Section 30-28 (g), the franchise granted herein shall mn for a term of fifteen (15) years commencing upon acceptance by Grantee. The renewal application submitted with a $5,000 check meets any and all financial obligations to satisfy Grantor's renewal process of this Franchise Agreement. 4.4 Public Rights-of-Way use conditions. 4.4.1 All facilities shall be constructed, installed and located in accordance with the following terms and conditions: 4.4.2 The Grantor requires, at no cost to the County, the Grantee to locate its cable television facilities when the Grantor intends to conduct excavation projects. The Grantor shall be responsible for damage to cable television facilities caused by the negligent or intentional acts of its employees or agents. 4.4.3 07/29/97 The Grantor reserves the right, upon reasonable notice, to require the Grantee at its expense to protect, support, temporarily disconnect, relocate or remove from the County's Rights-of-Way or streets, any property of the Grantee by reason of traffic conditions, public safety, street construction, real or planned excavation, change or establishment of street grade, installation or planned installation of 6 12C6 I 2 3 4 5 6 7 8 9 i0 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 sewers, drains, water pipes, power and / or communication lines, tracts, or other types of structure or improvements by governmental agencies or any other structures proposed for public improvement. Reasonable notice for this provision shall be in writing and shall be delivered to the Grantee at least ninety (90) days prior to the commencement of initial excavation, except in the case of emergencies where no specific notice period shall be required. The Grantor shall endeavor to notify and seek comment from the Grantee with respect to minimizing disruption to the Cable System, where public works projects may affect the Grantee's Cable System. 4.4.4 Whenever a public way exists to accommodate the Grantee's system, the Grantee shall not locate its facilities offthe Right-of-Way and shall make every effort to locate its telecommunications facilities within the public way before seeking private easements within the County. The Grantee, at no cost to the County or the State, shall relocate its facilities and appliances which are in conflict with County projects to upgrade or construct roadways. 4.4.5 The Grantee shall locate, place and construct its telecommunications facilities so as not to unreasonably or intentionally 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 existir:g facilities within the Rights-of-Way. 4.4.6 Grantee shall restore and replace landscaped areas, pavement, pedestrian lighting, sidewalks, curbs, gutters or other facilities damaged by the Grantee and or its contractors with like material 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 of the job, readjust, fill and finish the same as may be necessary due to settling of the earth associated with the Grantee's disruption of the Public Way. 4.4.7 The Grantee shall adhere to ali Federal, State and Local Laws, rules and regulations regarding the location, construction, and maintenance of its Cable System facilities within the Rights-of-Way. 4,5 All franchisees are required to obtain construction permits for cable system facilities to be installed in Rights-of-Way. 4.6 07/29/97 The Grantee shall, subject to commercial practicability, make its cable television services available to any customer within its service area who shall request such service, without discrimination as to the terms, conditions, rates or charges for Grantee's services; provided, however, that nothing in this Section shall prohibit a franchisee from making reasonable classifications among differently situated customer groups. The Grantee reserves the right to deny new service or to terminate current service to 7 12C6 1 2 3 4 $ ? 10 II 12 13 14 16 19 20 21 23 24 25 2~ 27 29 30 31 32 33 34 36 37 39 40 41 42 43 customers who obtain the service in manners not authorized by the Grantee, who have a history ofmultiple failures to make timely payments. 4.7 The Grantee shall make its Cable Service available to Subscribers in the County at rates that comply with FCC guidelines. 4.8 Interconnection of Cable Systems 4.8.1 The Grantee shall have the capability to be interconnected with other adjacent Cable Systems. At a minimum, the Cable System shall be capable of interconnecting government access channel (s) programming to other adjacent Cable Systems. 4.8.2 The Grantor may request the Grantee to negotiate interconnection of the government access channels (s) with other adjacent Cable Systems in the general 4.8.3 Grantee shall comply with State and Federal Law regarding interconnection of its facilities with other Cable Systems. Section 5. Customer Service Standards 07/29/97 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 Service by the Grantee. The Grantee shall operate its Cable System in a manner consistent with the County's Consumer Protection Provisions, current Collier County Code, Chapter 30 § 55, to the extent that such provisions are not inconsistent with those of the FCC. Section 6. Compensation, Auditing and Other Payments 6.1 Grantee shall pay the County throughout the term oft his Franchise, as compensation, an annual Franchise Fee of five percent (5%) of the Grantee's Gross Revenues. 6.2 Ail such payments of Franchise Fees shall be made payable to the Office of Franchise Administration quarterly in accordance with current Collier County Code, Chapter 30- 28(k)(2), for the preceding period payable within sixty (60) calendar days after the end of the calendar quarter for which the payment is made. Franchise Fee payments shall be accompanied by a quarterly report itemizing and setting forth the revenues / receipts and showing the calculation ofthe payment due for the preceding period. 6.3 The payment of the Franchise Fee by the Grantee is for the fight to construct and operate its Cable System, as defined herein, within the Grantor's Rights-of-Way and is in lieu of a Rights-of-Way use or encroachment fee. 8 12C6"' I 2 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 6.4 6.5 6.6 6.7 07/29/97 The Grantor, on an annual basis, shall be furnished a statement within ninety (90) days of the close of the calendar year, certified by an official of the franchisee responsible for the Cable System's financial statements, reflecting the total amounts of Gross Revenues as defined herein, and all payments, and computations for the previous calendar year. Upon ten (10) days prior written notice, the Grantor shall have the fight to conduct an independent audit of Grantee's records. The Grantor shall have the right to audit a Grantee's fiscal and financial records, and to recompute any amounts that are payable under Section 6 by the Grantee for a period of twenty-four (24) months after receipt thereof, after which payments shall be final. Any additional amounts due the Grantor as a result of the audit shall be paid within sixty (60) days following written notice to the Grantee by the Grantor of the underpayment, which notice shall include a copy of the audit. If, after resolving any dispute ar/sing from such audit, Grantee has made a Franchise Fee underpayment often percent (10%) or more, the Grantee shall assume all reasonable costs of such audit. In other events, the Grantor shall bear all costs and fees associated with any such audit. All Grantee's books and records concerning its Gross Revenues and its calculation of payments to the Grantor, shall be available for inspection by an appropriate officer of the Grantor, or its designee, at reasonable times to determine the amount of compensation due to the Grantor 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 Grantor at times reasonably requested by the Grantor and in the form prescribed by the Grantor after consultation with the Grantee, such reports with respect to its Cable System and the Gross Revenues derived therefrom, as the Grantor may deem reasonably necessary or appropriate. 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 Grantor. Consistent with federal requirements, the Grantee shall file no less frequently than annually any tariffs, amendments, or modifications affecting the sale of its services and subscriber terminal equipment and shall provide written notification to the Grantor within thirty (30) days of any proposed changes. The Grantee shall also make available to the Grantor copies of all filings, reports and petitions to local, state, or federal regulatory agencies. 12C6 ' ' I 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 7. Franchise - Not Exclusive This Franchise shall be non exclusive. The Grantor reserves the fight to grant franchises to other persons at any time or to contract with any other person for the use ofthe County Rights-o£Way or property for the operation of other Cable Systems. If Grantor grants or modifies any overlapping cable lelevision service franchise within its jurisdiction and the terms and conditions imposed therein are less burdensome or more favorable than those required in any existing franchise, the Grantor shall concurrently modify all applicable existing franchise obligations to reflect such less burdensome or more favorable terms and conditions in the franchised geographic area. Section 8. No-Waiver 8.1 The failure of the Grantor, 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 right or a waiver of compliance or performance, unless such right has been specifically waived in writing. 8.2 Waiver of a breach of this Franchise or any section of Chapter 30 of the current Collier County Code shall not be a waiver ofany other breach. Neither the grant of this Franchise nor any provision herein shall constitute a waiver or bar to the exercise of any governmental right or power of the County. Section 9. Regulation 9.1 The County Commission shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest. Any failure by the Grantor 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. 9.2 The Grantee's fights, without limitation upon the County's regulatory authority, pursuant to the Communications Act of 1934, as amended, or any other subsequent Federal or State Law, shall not be abrogated or otherwise limited. 9.3 Following reasonable notice, the County reserves the fight to inspect the installation and maintenance of the Cable System. 9.4 The Grantee shall comply with all Federal, State and Local regulations, applicable to its Cable System, such as the National Electrical Code, National Electrical Safety Code, Fiber Optic Cable Installation Specifications, 1987 (Telecommunication Industry 07/29/97 ~ o 12C6 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Committee), traffic safety / lane closure rules and construction requirements promulgated by the County. Section 10. Cable System Design and Construction I0. I Grantee recognizes and hereby agrees to commit itself to compliance with all aspects of the Social Contract and the Social Contract Amendment. Grantor recognizes and accepts that Grantee will upgrade its Cable System in compliance with the Social Contract and the Social Contract Amendment, in all areas of the County where it is economically feasible. 10.2 The Grantee shall make available for the Grantor's inspection all hybrid fiber coaxial (}-IFC) system design maps for Grantor's review. Said review will take place on the premise of Grantee's place of business located within the County. 10.3 The Grantee agrees to satisfy all FCC technical requirements obligated for a cable system. Section 11. Continuing Tests 11.1 The Grantee shall perform all tests necessary to demonstrate compliance with the requirements 47 CFR 76 subpart K. All tests shall be conducted in accordance with the FCC's rules. 11.2 All construction maps will be made available for the review of the Grantor no less than ten (10) days prior to the commencement date of the upgrade. Said review will take place on the premises of Grantee's place of business located within the County. "As built" maps are considered proprietary and shall be made available to the County upon written request pursuant to an appropriate request for confidential treatment. Such maps should designate the location of Grantee's facilities. Section 12. Government Access Provisions 12.1 The Grantee shall set aside a total of two (2) channels of its transmission capacity for government access on the residential distribution system. The first of the two (2) channels is currently available. The second of the two (2) channels will be made available to the Grantor immediately upon its technical feasibility on, or before September 30, 1999, whichever comes first. The County is obligated to arrange with the Collier County Public School System, and the Collier County Public School System only, for sharing the channel (s). 07/29/97 I1 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 41 42 43 07/29/97 12.1.I 12.1.2 12.1.3 12.1.4 12.1.5 The Grantor agrees to provide programming on the first of the two (2) channels to utilize formats limited to beta, V,, inch, digital technology or formats generally considered to be technologically more advanced. Specifically, the Grantor agrees to cease utilizing '/~ inch tape format (s) effective July I, 1998, as a format from which programming will be cablecast. The Grantee agrees to pay the Grantor a one-time donation of $145,000.00 for the sole purpose of purchasing television production related equipment to be used at the sole discretion of the Grantor. The Grantor agrees to provide and be responsible for all necessary maintenance personnel, at its expense, to acquire and produce programming through the use ors'ach facilities. The Grantee will have no responsibility for maintaining or securing equipment owned or operated by the Grantor or the Collier County Public School System. Government access programming for the first of the two (2) channels will be made available immediately by the Grantor pursuant to Section 12.1. The Grantee shall provide, without charge to thc Grantor, signal transportation for the first of two (2) government access channels and shall be provided without charge to the Grantor from the point of origination (currently Third Floor, Collier County Administration Building, 3301 East Tamiami Trail, Naples, Florida) to the Grantee's interconnection hub site located on Bonita Grand Road at the northwest corner of Exit 18 of Interstate 75 for distribution on the Grantee's Cable System originating from the interconnection hub site. Government access signal transportation for the second government access channel will be at the sole cost (to construct and maintain) and expense of the Grantor from the point of origination to the Grantee's prescribed interconnection hub site for distribution on the Cable System to Collier County Subscribers. Should the Grantor successfully negotiate with the Collier County Public School System (and the Collier County Public School System only) for the use of any of the Instructional Television Fixed Service (ITFS) channels. Grantee agrees to contribute a one-time contribution of $3,125.00 per ITFS to go towards the Grantor's expense (s) related to the installation and maintenance of said Instructional Television Fixed Service (ITFS) directing Grantor's (transmit) signal to Grantee's (receive) designated ITFS receive location located on Bonita Grand Road at the northwest corner of Exit 18 of Interstate 75. The total of such contributions is subject to a maximum of $25,000 during the term of this Franchise Agreement. In the event the Grantor makes use of the Instructional Television Fixed Service (ITFS) 12 12C6 ',' I 2 3 4 5 6 7 8 9 !0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 technology, Grantor is responsible for ali maintenance related to delivering and maintaining adequate signal quality to the Grantee's interconnect/on hub site location. 12.1.6 The Grantor shall be responsible for all programming cablecast on said channel (s). 12.1.7 The Grantee shall not be responsible for programming cablecast on said channel (s). 12.2 The par'lies agree that any cost to the Grantee associated with providing these government access channel (s) and / or related services, facilities, and equipment under this Franchise, including without limitation, the amounts set forth herein are not part of the Franchise Fee, and fall within one or more of the exceptions to 47 U.S.C § 542. Section 13. InstHutionai Network Provisions 13.1 The Grantor and the Grantee recognize that a closed loop fiber optic Institutional Network allowing for governmental, non-commercial communications by and between the Grantor's owned or leased facilities may be desirable. When Grantee begins its rebuild process in the County, written notification of this rebuild process will be provided to the Grantor. The Grantor will have ninety (90) days from the date of rebuild notification to confirm Grantor's interest to either lease or purchase fiber facilities from Grantee. Grantor and Grantee recognize that the ninety (90) day period of time is a firm window of opportunity for Grantor to pursue an Institutional Network and must provide all necessary documentation to Grantee required by Grantee to proceed with the project so Grantee may begin to administer the Institutional Network project on behalf of the Grantor. Should the Grantor, at its sole discretion, elect to purchase said fibers, Grantor will reimburse Grantee for all expenses (labor and material) incurred for the placement and subsequent maintenance of said fibers at an amount not to exceed the amount permissible by the Federal Communication Commission (FCC). Grantor is responsible for mapping, designing and technical specifications as well as material specifications of Grantor's said Institutional Network needs. In the event the Grantor, at its sole option, elects to lease up to two (2) fibers, Grantee agrees to lease said fibers at terms and conditions acceptable to both Grantee, and Grantor. The construction and maintenance or lease of the Institutional Network will be governed by a separate contract to be negotiated in good faith between the Grantee and Grantor upon notification from the Grantor that it plans to proceed with the project and has developed plans for utilization of the Institutional Network. 07/29/97 13 I 2 3 4 6 7 8 9 I0 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 13.2 13.3 Grantee agrees to work in a cooperative fashion with Grantor and its agents while the Grantor designs and selects components necessary to implement its applications relative to the Institutional Network and, if Grantor request, Grantee shal! furnish terminal equipment at Grantee's cost, provided that the Grantee is reimbursed by the Grantor for said expenses at an amount not to exceed the amount permissible by the Federal Communications Commission (FCC). The parties acknowledge that the agreement regarding usage of the Institutional Network is subject to all Local, State, and Federal Law. To the extent permitted by law, the Grantor or public agency agrees to indemnify and hold harmless the Grantee from and against any and all clad'ns, damages, liabilities, costs and expenses, including reasonable attorney's fees and costs directly related to the material under the Grantor's or public agency user's exclusive control carried on the Institutional Network, including but not limited to, copyright infringement, libel, slander, defamation, patent trademark, or invasion or privacy claims. Section 14. Assignment 14.1 This Franchise or control thereof shall not be transferred or assigned without the prior written approval of the Franchise Authority, which approval shall not be arbitrarily or unreasonably withheld or delayed. 14.2 For purpose of this Section, a transfer or assignment of this Franchise or control thereof between commonly controlled entities, between affiliated companies or between parent and subsidiary corporation shall not constitute a transfer or assignment. Control shall mean majority (over 30%) voting control of the Franchisee. An affiliated company is one that directly or indirectly or through one or more intermediaries, controls, is controlled by or is under common control with another person or entity. Section 15. Remedies 15.1 In addition to any other rights set out elsewhere in this Franchise, and subject herein, the Grantor reserves the fight to declare a forfeiture of this Franchise, and all of Grantee's rights arising hereunder, in the event that: 15.1.1 The Grantee is found by a court of competent jurisdiction to have violated any material provision of this Franchise; or 15.1.2 The Grantee is found by a court of competent jtu4sdiction to have practiced any fraud or deceit upon the Grantor. 07/29/97 14 1 2 3 4 5 6 7 10 I! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 39 40 41 42 43 I5.2 12C6 The Grantor shall give Grantee thirty (30) days written notice of its intent to exercise its rights under this Section, stating the reasons for such action. If Grantee cures the problem within the thirty (30) days notice period, or if the Grantee initiates substantial effort to remedy the stated problem and the efforts continue in good faith, then the Grantor shall not have the fight to declare a forfeiture of the Franchise. If Grantee fails to cure the stated violation within the thirty (30) days notice period, or if the Grantee does not undertake efforts satisfactory to the Grantor to remedy the stated violation, then the Grantor, upon reasonable notice, may impose any or all of the remedies available herein. Section 16. Expiration and Renewal Rcnewal of this Franchise shall be governed by applicable State and Federal Law. Section 17. Confidential Information Grantee may identify information, such as trade secrets, submitted to the Grantor as'confidential. Grantee shall prominently mark any information for which it claims confidentiality with the word "Confidential" in letters at least one-half (~) inch in height, prior to submitting such information to the Grantor. Grantee may request the Grantor 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 Grantor shall maintain the confidentiality of information designated "proprietary" by' the Grantee. Should the Grantor receive a request to review Grantee's records or books under the Florida Public Records Law, it will promptly not/fy Grantee and provide an opportunity for Grantee to raise an object/on, demonstrate why the requested information is proprietary and, if necessary, seek a court order to protect its proprietary information. Section 18. Forum for Litigation Any litigation between the Grantor 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 19. 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 addrer, s as the receiving party hereafter shall specify in writing: If to the County: 07/29/97 County Administrator Collier County 3301 Tamiami Trail East Naples, Fi 34112 15 12C6 ': I 2 3 4 5 6 7 8 9 lO II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 With a copy to: Franchise Administrator Collier County 3301 Tamiami Trail East Napl~s, Fl 34112 If to the Grantee: Vice President MediaOne 301 Tower Road Naples, FL 34113 With a copy to: Senior Vice President Southeast Region MediaOne 7800 Belfort Parkway Jacksonville, FL 32256 Section 20. Severability If any section, subsection, sentence, clause, phrase, or other portion of this Franchise is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legi.4ative 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 portions shall continue in full force and effect. Section 21. Non-Discrimination The Grantee shall not discriminate in any manner on the basis of age, race, sex, handicap, color, creed, national origin, or religion. Section 22. Non-Divestiture This Franchise shall not divest the County of any fight or intcrest in the Rights-of-Way. Section 23. Financial Stability Grantee will provide Grantor, on an annual basis, a current financial annual report and FORM 10-K to satisfy requirements of Grantee's credit worthiness. Section 24. Remedies - Cumulative All remedies provided under this Franchise Agreement or Chapter 30 of the current Collier County Code shall be cumulative, unless otherwise expressly stated. The exercise of one remedy 0 7/29/97 ~ 6 i2C6 1 2 3 4 5 6 7 8 9 lO I1 12 13 t4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 shall not foreclose use of another, nor shall it relieve the Grantee of its obligations to comply with the Franchise. Remedies may be used singly or in combination; in addition, the County may exercise any fights it then has under applicable law. Section 25. Books and Records- Inspection The Grantor may inspect the books, records, maps, plans, and other documents, including financial documents, in the control or possession ofthe Grantee: (I) to enforce the Grantor's fights or assess compliance with the Franchise and applicable law; (2) in the exercise of any lawful regulatory power; or (3) as may be convenient in connection with any proceeding the Grantor may or must conduct under applicable law with respect to Grantee's Cable System. The material may be duplicated at a County facility unless the County agrees to inspection and copying at some other place. Material that the Grantor requires Grantee to produce under this Section shall be produced upon reasonable notice, no later than 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 Grantor shall maintain the confidentiality of information designated "proprietary" by the Grantee. Should rue Grantor 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 to raise an objection, demonstrate why the requested information is proprietary and, if necessary, seek a court order to protect its proprietary information. Section 26. Books and Records - Reports and Responses to Questions 26.1 Grantee shall provide the following reports to Grantor: 26.1.1 A quarterly Franchise Fee report listing revenues received, by category, in a form similar to attached Exhibit A; 26.1.2 Grantee shall file with the Grantor 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. 26.1.3 The Grantee shall file with the Grantor any request for protection under Bankruptcy laws, or anyjudgrnent related to a declaration of bankruptcy by the Grantee, any affiliate which controls or manages the Grantee, or any operator of the Cable System. 07/29/97 17 5 6 7 9 !0 !I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 12C6 Section 27. Books and Records - Maintenance In addition to reports required by this Franchise, the Grantee shall maintain records of FCC proof of performance. Section 28. Inspection of Plant The Grantor may inspect the Grantee's Cable System during construction, and anytime thereafter upon reasonable notice to the Grantee. If, based on subscriber complaints or its own investigation, the Grantor 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 Grantor the results of those tests. The Grantee shall report each deficiency and take prompt action to remedy it. Section 29. Insurance 29.1 29.2 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 current Collier County Code. The insurance coverage obtained by this Grantee in compliance within this Section shall be approved by the County's Risk Management Office and certificates of insurance shall be filed with the County. Section 30. Emergency Alert The Grantee shall install and maintain an emergency alert system tEAS] pursuant to FCC's rules and regulations and the Florida Emergency Alert System Plan. Section 31. Service to Public Buildings Grantee shall, upon request, provide service to public buildings located within one hundred fifty feet ("150' ") of Grantee's existing dis~bution system; provided, however, that if adequate underground conduit is provided by the requesting public agency, Grantee shall, upon provide service to public buildings within two hundred fifty feet ( "250' ") request, of Grantee's distribution system. All charges for installation and provision of Cable Services and Other Communications Services to such public buildings shall be at Grantee's current rate; however, any Public Building account being provided bee service as of the execution date of this Franchise Agreement shall continue to receive such free service during the term of this Agreement. Any services which are provided without charge to any Public Building, neither the Grantor nor any other person may resell such services. Notwithstanding any arrangement to the contrary.under former franchises, the Grantor shall pay the Grantee's current rate for Cable Service and Other Communications Services used by thc Grantee as well as all other charges and 07/29/97 t 8 I 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 non-recurring charges for installation and other serviceable facilities associated with Cable Service. Section 32. Four Year Review: Performance Monitoring 32.1 During the years which commence on the fourth anniversary or any multiple thereafter, of the effective date of the Franchise, the Grantor may commence a review of Grantee's performance under the Franchise. As part of this review, the County may consider: a) whether the Grantee has complied with its obligations under the Franchise and applicable law; 32.2 b) whether customer service standards, technical standards, or bond or security fund requirements are adequate or excessive; and, c) other issues as may be raised by the Grantee, the Grantor, or the public. The Grantor may conduct public heatings 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. 32.3 Any revisions to this Franchise Agreement which either the Grantor or the Grantee wishes to make as a result of these reviews shall be proposed under the procedures established herein. 32.4 Periodic Evaluation, Review and Modification. 32.4.1 The Grantor and Grantee acknowledge and agree that the field of cable television is a relatively new and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term of this Franchise. Therefore, in order to provide for the maximum degree of flexibility in this franchise, and to help achieve a continued, advanced and modem Cable System, the following evaluation and review provisions will apply: a) The Grantor may, upon thirty (30) days notice, request evaluation and review sessions at any time during the term of this Agreement and Grantee shall cooperate in such review and evaluation; provided, however, there shall not be more than one (1) evaluation and review session during any four (4) year period. 07/29/97 b) Topics which may be discussed at any evaluation and review session include, but are not limited to, rates, channel capacity, the system performance, 19 1 2 3 4 $ 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 ,41 42 43 c) d) 12C6 programming, educational and government access, municipal uses of cable, subscriber complaints, judicial rulings, FCC rulings and any other topics the Grantor or Grantee may deem relevant. During an evaluation and review session, Grantee shall cooperate fully with the Grantor and shall provide without cost such reasonable information and documents as the Grantor may request to perform the evaluation and review. As a result oran evaluation and review session, the Grantor or Grantee may determine that a change to the system or in the terms of the Franchise may be appropriate. In that event, either the Grantor or Grantee may propose m~,difications to the system or the Franchise. Grantee and the Grantor shall, in good faith, review the terms of the proposed change or any proposed amendment to this Franchise and seek to reach agreement on such change or amendment. 32.4.2 Section 33. 33.1 The Grantor and Grantee shall act in good faith during such negotiations and shall be obligated to agree to the reasonable requests of the other party changes in the system or amendment to the Franchise when the change or amendment is not inconsistent with the other terms of the Franchise, or with applicable law or regulations, and the change or amendment is technically feasible, economically reasonable and will not result in a material alteration of the rights and duties of the parties under the Franchise. Conflict with Current Collier County Code The provisions of the current Collier County Code, are hereby incorporated herein by reference as ifset out in full, and form part ofthe 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 current Collier County Code, the terms of this Franchise shall prevail. 33.2 The Grantor has exam/ned the current Collier County Code and finds certain provisions unnecessary in view of the renewal status of the three franchises. Therefore, the Grantor elects to waive the applicability to Grantee during the term ofthis franchise of the sections: ( a ) Sec. 30-42 (f); ( b ) Sec. 30-54: ( c ) Sec. 30-61. Section 34. Reservation of Rights Grantor and Grantee reserve all rights that they may possess under the law unless expressly waived herein. 07/29/97 2o 2 4 6 7 8 9 i0 12 13 16 ~8 ~9 2O 21 22 23 24 25 2~ 27 28 2~ 30 31 32 33 35 ~7 ~8 .39 40 4! 42 43 12C6 Section 35. Acceptance of Franchise Within thirty (30) calendar days following the grant ofthis Franchise, the Grantee shall file with the Grantor payment, if applicable, relating to Section 12.1.2 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 Grantee before a notary public, and shall in form and content be approved by the County Attorney. Section 36. Grant This non-exclusive Franchise is granted by the County to MediaOne Enterprises, Inc., pursuant and subject to the conditions and requirements provided by Chapter 30 of the Collier County Code and applicable Federal, State and Local laws, rules and conditions. This Franchise bestows upon Grantee the authority to construct, maintain and operate a cable system, utilizing the Rights-Of. Way, to offer Cable Service and Other Communications Services within the County. Section 37: Effective Date This Franchise Agreement shall take effect immediately upon adoption. Passed ant'. adopted on this 29~ day of July, 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: Deputy Clerk By: Timothy L. Hancock, Chairman 0 7/2 9/9 7 21 i 2 3 4 5 6 7 9 I0 I! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 41 42 43 ACKNOWLEDGEMENT: MediaOne Enterprises, Inc., hereby agrees to be bound by and to comply with all requirements pursuant to the provisions of this Franchise Agreement. By: H. W. Goodall Senior Vice President ATTEST ATTEST corp-seal State of Florida ) County of Collier ) The foregoing Franchise Agreement was acknowledged before me this 29~' day of July, 1997, by , who produced a Florida Driver's License # as identification. NOTARY PUBLIC Approved as to form and legal sufficiency: ThOmas C. Palmer Assistant County Attorney 07/29/97 22 ! 3 4 6 7 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 3~ 40 41 42 43 Exhibit A Monthly Franchise Fee Reporting Schedule Cable Operator Address Contact Person Title Accounting Department Subscriber Detail 1.1 Basic I Average Subscription Units 1.2 Basic Service Rate 1.3 CPST Average Sub. Units 1.4 CPST II Rate 1.5 Premium Service Average Units 1.6 Premium Service Rate 1.7 Disney Service Average Units 1.8. Disney Service Rate 1.9 Installation Average Completions 1. I0 Installation Average Rate 1.11 Complimentary Accounts 1.12 Phone Penetration Statistics 2.1 Total Homes Passed 2.2 Basic I Penetration Units 2.3 CPST Penetration Units 2.4 Premium Service Penetration %-age 2.5 Disney Service Penetration %-age 2.6 Churn: Average ',/,,-.age Gross Revenue Detail Itemization Code 3.0 Cable Television 3.1 Basic I 3.2 CPST 3.3 Premium 3.4 Showfime 3.5 HBO 3.6 Disney 3.7 The Movie Channel 07/29/97 Rev~Tltle 23 Date: 206 i 3.5 Pay Per View 2 3.6 FM Radio 3 3.7 Converter Rental ~' 3.8 Remote Control .5 3.9 Cable Guide 6 3.10 Launch Fees ? 3.11 Program Carriage Fees s 3.12 9 10 4.0 A/O Services I I 4.1 Basic I 12 4.2 CPST II 13 4.3 Premium 14 4.4 Showtime ~5 4.5 HBO 16 4.6 Disney I? 4.7 The Movie Channel IS 4.5 Pay Per View 19 4.6 FM Radio 20 4.7 Converter Rental 21 4.8 Remote Control 22 4.9 Cable Guide 23 4.10 Launch Fees 24 4. l I Program Carriage Fees 25 4.12 26 27 5.0 Service Charge 2s 5.1 Installation 29 5.2 MB Switch Sales 30 5.3 Up/Down Grades 31 5.4 Late Payment Fees 32 5.5 Check Return Fees 33 5.6 34 6.0 Commercial 3.5 6.1 Bulk (MDU) 36 6.2 Contract 37 6.3 3~ 6.4 39 40 7.0 Advertising 41 7.1 Commercial Insertion 42 7.2 Barter Agreements 43 7.3 Home/Auto Sellers 44 7.4 07/29/97 24 l 2 3 4 5 6 7 9 10 I1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 8.0 Shopping Channels 8.1 HSN 8.2 QVC 8.3 8.4 9.0 Video Production 9.1 9.2 10.0 Leased/Rentals 10.1 L-A Channel 10.2 Facilities 10.3 10.4 10.5 Code Revenue-Source 11.0 Miscellaneous 11.2 Reimbursement for Cable Damage 11.3 Equipment Sales 11.4 Launch Incentives 11.5 11.6 SUBTOTAL FRANCHISE FEE (~5% TOTAL 07/29/97 NAPLES DAILY NEWS Published Daily Naples, FL 33940 Affidavit of Publication State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb _, who on oath says that they serve as the Asst. CorD. Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; that the attached copy of the advertising, being a Notice of Consideration of Cable TV Franchise Renewal in ~he matter eL Med~aOne Enterprises was published in said newspaper_, L_times in the issues starting on_. 7/1 8/9 7 and ending on. Affiant furlher says that the said Naples DaCy News is a newspaper published at Naples, in Said ~ Count. Florida. and that the said '~'wspaper has heretofore ~ contir~ pu~qshed in said Cc~lier Florida. each day and has be~m entered as second class mail mattel at the post office in Naples. in said Cofl~e~ Cou~nty. Florida, for a period of 1 year next I:)¢ece~ng Ihe first publicat~ of the attached cop/ of adverlise.rr~t; and afhant further says that he has ~ pa~d not prormsed any person, firm or corporat~(:~ any discount, rebate, ccm'v~sS~:m or refund for the purpose of securing Ibis advertisement loc pub, f~cat~:m m the said ne'wspal3er. (S/gnature of Affiant) Sworn to and subscribed before me this 18 dayof July19. 97 120 6 Personally known Type of Identification Produced produced July 3, 1997 1206 Ms. Jean Merdth Manager Office of Franchise Administration Collier County Government 3301 E. Tam/ami Trail Naples, Flor/da 34112 Dear Ms. Merdtt: Thank you for your letter of June 17~ responding to'my fax of the II~. Iii may return to your letter of June 11s, I am a little confused about your second paragraph wherein you state that the Telecommunications Standard Ordinace will be revisited AFTER the process of renewing present contracts with the cable companies is completed. Should I assume that once the present contracts are renewed, that if the present ordinance is re,Ased, that any changes would not be applicable tmtil the renewed contracts again come up for renewal? In other words ifa new ordinance was to include Public Access, would we have to wait until the ex/sting contract expires before Public Access could be entered into? Ifso, if you renew the present franchise for a per/od of five to ten years, then Public Access would also have to wait? I wouid appreciate your clarification of this point! It would seem to me that ifan honest effort was being made to include Public Access, thereby complying with the complete spectrum of PEG cable access, that the present franch/ses would be extended for a 60 to 90 day period, enabling the incorporat/on' of Public access in the new fi'anchise! It is in this vein that I respectfully submit herewith data concem/ng Public, Education and Government (PEG) access on cable telev/sion as it is used throughout our nation. In. .fac.!, ~.PEG a. ccess cente?, thousands of community groups and over one million - lnoavmuais protauce more than 20,000 hours ofnew local progranun/ng each weei~ - more than ALL programs produced by NBC, CBS, ABC, Fox and PBS combined! As far back as 1992 15% of American communities were served by PEG access services! A ctaxent l/st of Reg/ons and Chapters is enclosed for your perusal. GET the Ua/ted State~ out ofth~ United N~uion~, ~d the United Ngions out office United Sta~e~ NOW! Would it not serve thc interests of our commun/ty to extend the present existing coatract for a short period of time until they are advised of the availability of Public Access television, and serious consideration giv~ to incorporating it in the new contract? I look forward to hearing from you fu~er. Access: Building Commun/ties through Electroaic Media Alliance Legislative Pfaff'otto Genera/Information oa PEG Access on Cable Television Laws Affecting Corfi. mtm~ty Media .. · COIJ.I R COUNTY GOVERNMENT COUNTY MANAGER'S AGENCY OFFICE OF FRANCHISE ADMINISTRATION June 17,1997 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8585 FAX (941) 774-8565 A CERI'I~ED BLLil CH. ll~ COI, O,{T./tqIT~ Ms. Marily'n R. Bell 3120 Andorra Court Naples, Flor/da 34109 Dear Ms. Bell, Having received your fax this morning as a result of my letter of June I 1, 1997, I am pleased to further respond to your concerns relative to Public Access. I am sorry that my letter did not seem as clear as I hoped. The present Ordinance 88-90 as amended says that the term of a Franchise cannot exceed ten years. It may be set for a term of fewer years, but may not be for a term ofmore years than the Ordinance dictates. The exact number of year's for renewals of the present Franchises has not yet been detemfined. I stated in my letter that Media One has "allowed" the use of one Channel to be shared by the Collier County School Bo~d and Collier County Government. This is an accurate term to use because the present Franchise Agreements in place were negotiated so long ago that PEG stations were not part of the Agreements. Despite this fact, Media One has been generous to allocate Channel 54 for our use, since it was not required by a legally binding contract. Up until a year ago, the School Board had almost exclusive use of Charmel 54, since the County had utilized it only sparingly. It has only been since January of this year that the County has generated its efforts to provide government programming. Thank you for your continued interest. /-I~_~C.~y yOUrS' · Jean Men-itt, Manager Office ofFranch, ise Administration FACSIMILE · 1206 TO: lJean Merrit-t, Manager Office of Franchise Admin. Collier County Government FROM: Mm$1yn R. Bell 3120 Andorra Cou~ l~&ples, FI, 34109 FAX: TEL: FAX: TEL: TEL: e-mi/: 774-8565 941-514-2282 941-514--2280 941-514-2254 rnbelln~ples ~ Juno.corn DATE: /~une 17, 1997 TOTAL PAGES: ~--~ Reference ia made to your letter of June 11~' regarding Public Acce~ Television. Paragraph two of your letter do~ not specify the length of time you ifltend to renew the present franchises. I would appreciate your advising me regarding this point. I also note that your letter specifies that Media One has "allowed" the use of one channel to be shared by Collier County Government and Collier County School Board. Just what do you mean by the word "allowed"? Also, who determined that only Education and Government were to be the recipients? You state that "Frank/y, very few citizens have indicated any interest in public access, and indeed, many have expre~d their lack of interest in such access". It is my personal opinion that very few citizens are aware of the fact that this type of media communication is available to them..~and the small amount of citizens that may have, in your opinion, expressed lack of interest in such access, may very well be ill-informed as to its advantages. It is no secret that the argument against Public Access has been that it is a vehicle open to pornography and vulgarity of various means-...However, this filth is available every day on our public and cable stations and no one seems to be offended! I personally watch about 1% of what is offered on television as I feel insulted and offended by 99% of the trnsh! While you state the County's first priority in programming must be to inform and educate our citizens concerning current activities in local government and education sounds very noble, you are ignoring the fact that neither of these subjects pertain to the voice of the community...which, is what we are addressing! May I hear from you regarding the above? GET the Un/ted Statea out of the Un/ted Nations - and the United Nations out ofthe United States NOWI COI.I. .R COUNTY GOVERNMENT 12C6 COUNTY MANAGER'S AGEN~'Y OFFICE OF FRANCHISE ADMINISTRATION 3une II, 1997 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (94 I) 774-8585 FAX (941) 774-8565 Ms. Marilyn R. Bell 3120 Andorra Court Naples, Florida 34109 Dear Ms. Bell, Commissioner Mac'Kie and Commissioner Norris have asked that I respond to your letter of May 29, 1997 which outlines your interest and concerns relative to Public Access Television. It is indeed true that the Cable Act provides for local juris~lictions to acquire, if available, a channel (s) for Government, Public or Educational use. These are known as "PEG" channels. When any local franchising authority is awarded a "PEG" station, that station may be used for any of the designated pu/l:~ses allowable under federal law, no matter what Ordinance is used to facilitate the franchise activities. The Telecommunications Standard Ordinance that you referred to will be revisited after the process of renewing present contracts with the cable companies is completed. Since current contracts are expiring in .tune of this year, the County felt it was necessary to proceed with these negotiations under the present Ordinance 88-90 as amended, renew the appropriate fi'anchises, and then turn its attention to an Ordinance that will cover the whole spectrum of the telecommunications industry--not just those companies that deliver cable seN, ices. The framework of the new Ordinance will be to assure that the County will register those companies using the public fights-of-way, and in certain cases will compensate the County for their use of these public lands. We are pleased that, on a limited basis, the County is beginning to utilize an opportuni~ to inform its citizens about their government and their community. This has occurred because Media One has allowed the use of one channel to be shared by Collier County Government and the Collier County School Board. We hope to enlarge upon this opportunity very soon. We believe that CCTV (Channel 54) provides a valuable tool to educate our citizens and provides an opportunity for those unable to attend government meetings to participate at home. 12C6 For the record, William IL Gaston, President-Marco Island Cable I am here this morning to offer my support for the proposed franchise agreement between Media One Enterprises, Inc. and Collier County with the following two minor modifications: A new'item added to Section 15 "Remedies." The section to read: 15.1.3 The Grantee is found by a court of competent jurisdiction or the Federal Communications Commission to have engaged in anti-competitive or predatory pricing practices. Additionally the first line of Section 15.2 should be changed to read: 15.2 With the exception of item 15.1.3 above the Grantor shaH... Add a 15.3 section to r~d: 15.3 If the Grantee is found to have engaged iwpredatory practices as per section 15.1.3 the Grantor shall have the right to initiate a forfeiture of this franchise. I am requesting this in light of the continuing County investigation into selective pricing by Media One's predecessors in interest and in light of the fact that information is still being collected in this matter. 12C 6 Date: To: From: August 6, 1997 Jean Merritt, Office of Franchise Administration Sue Barbiretti, Minutes & Records Re: Item #12C6, BCC meeting date: 8/5/97 Please find attached one original Cable Television Franchise Agreement that was approved by the BCC on Tuesday. The other original document will be kept in this office. If you have any questions, call me at 774-8406. Thanks, State of Florida - Collier County CABLE TELEVISION FRANCHISE AGREEMENT This Cable Television Franchise Agreement entered into this 290' day ofSuly, 1997 by and between Collier County, a political subdivision of the State of Florida and MediaOne Enterprises, Inc., a Rhode Island Corporation, hereinafter referred to as "Grantee". WITNESSETH: WIIEREAS, the County of Collier, hereinafter referred to as "County" or "Grantor", desires to assure the widespread availability of Cable Services within the County to promote commerce and otherwise further the public interest; WHEREAS, the County is the owner of certain public Rights-of-Way WHEREAS, the County has, following reasonable notice, and after consideration, analysis and deliberation conducted full public proceedings, during which proceedinbs the technical ability, financial condition, legal qualification and general character &Grantee were determined acceptable to receive a renewal of its franchise; WHEREAS, Grantee is currently furnishing Cable Service in the County pursuant to three franchises that expire August 6, 1997, August 20, 1997 and May 13, 2006, and Grantee desires to replace these existing franchises and from this point forward to be recognized as one (1) franchise with an expiration date of 15 years from date of acceptance by Grantee. WHEREAS, certain provisions contained in Chapter 30 of the Collier County Code (the Master Ordinance) should be waived in renewing these franchises; WHEREAS, the County has also considered and analyzed the plans of Grantee for the construction and operation of its Cable System and found the same to be adequate and feasible in view of the needs and requirements of the area to be served 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 Grantee to operate a Cable System within the specified franchise area within Collier County and on the terms and conditions hereinafter set forth; and, WHEREAS; Grantee desires to construct and operate a Cable System consisting of fiber optic, coaxial and multi-pair cables along portions of the County's right-of-way. 07/29~97 ! 6 WHEREAS, Pursuant to the procedures in the Cable Act, Section 166.046,Florida Statute, and Chapter 30 § 28(0(1) of the Collier County Code, the Grantor has held a public hearing where the following issues related to granting a cable television franchise to Grantee were considered: (i) the economic impact upon private property within the County; (ii) the public need for such franchise; (iii) the capacity of public Rights-of-Way to accommodate the cable system; (iv) the present and future use of the public Rights-of-Way to be used by the cable system; (v) the potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public; (vi) the financial ability of the franchise applicant to perform; (vii) the experience of the applicant in the erection, o?eration and maintenance ora CATV system, (viii) technical quality and completeness of the proposed plan for operation of the cable system, (ix) the legal, character, financial, technical and other qualifications necessary to construct, own and operate a cable television system, and (x) other societal interests as are generally considered in cable television franchising. The Grantor has determined that the Grantee has provided Cable Service under the three current franchises in a satisfactory fashion justifying renewal ofsuch franchises. The Grantor has determined to renew a cable television franchise to MediaOne Enterprises, Inc. on the terms and conditions set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: Section 1. Findings The aforestated recitals are incorporated in their entirety herein. Section 2. Definitions For the purposes of this Franchise, the following terms, phrases, words, and abbreviations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in a particular gender shall include each of the other gender. The words "shall" and "must" are always mandatory and not merely directory. 2.1 "Access" shall mean the availability of the Cable System for use by various local governmental agencies, including the County and the County's schools to acquire, create and distribute programming not under the Grantee's editorial control, including: 2.1.1 2.1.2 "Educational Access" shall mean access where schools are the primary or designated programmers or users having editorial control over their programming; "Governmental Access" shall mean access where governmental institutions or their designees are the primary or designated programmers or users having editorial control over their programming; 0 7/2 9/9 7 2.2 "Affiliate," when used in relation to any person, shall mean another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. 2.3 "Basic Cable Service" or "Basic Service" shall mean any service tier which includes the retransmission of local television broadcast signals and access channels. This definition shall be deemed to change consistent with any changes in the definition of this term by the Federal Communications Commission. 2.4 "Cable Operator" shall mean any person or group ofpersons: a) who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System, or b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System under a Franchise with Collier County. 2.5 "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 is required for the selection or use of such video programming or other programming services. 2.6 "Cable System" means 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 which includes video programming 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 I or more television broadcast stations; b) a facility that serves subscribers withom using any Rights-of-Way; c) a facility of a common carrier whi'ch is subject, in whole or in part, to the provisions of The Communications Act of 1934, as amended, except that such facility shall be considered a Cable System (other than for purposes of Section 621 (c)) to the extent such facility is used in the transmission of video programming directly to Subscribers. 2.7 "Channel" shall mean a 6 MHz band of analog frequencies, or future encoding standard, in the electromagnetic spectrum (or any other means of transmission, including but not limited to optical fibers, which is capable of carrying the equivalent signal or signals), and includes uses of all or any portion of such band of frequencies for digital video/television signals. 07/29/97 3 2.8 2.9 2.10 12g 6 "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 mariner in which Grantee interacts with the public and its customers. 2.11 "FCC" shall mean the Federal Communications Commission or any successor agency. 2.12 "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 County, whether such authorization is designated as a Franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation ora Cable System but neither supersedes 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. 2.13 "Franchise Fee" shall mean an annual fee offive percent (5%) of Grantee's Gross Revenues paid for the use and occupation of the County's Rights-of-Way and for other purposes. 2.14 2.15 "Grantee" or "Franchisee" or "Company" shall 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 assignee ofsaid person, firm, or corporation. "Gross Revenues" shall mean all revenues collected by the Grantee directly or indirectly from the sale of cable television video or audio programming services, video tech services, and video games provided by Grantee within the County, specifically derived from Subscribers located within the County. a) Such revenues include, but are not limited to Cable Service fees charged for: I) any video and / or audio program service; 2) installation, disconnection, reconnection or service maintenance agreements; 3) equipment rental; 4) Access or leased video channels; 5) advertising sold by the Grantee, either directly or indirectly, and 6) home shopping services. The sum of the aforementioned Section 2.15A shall be the basis for calculating the Franchise Fee imposed pursuant to Section 6 herein. 07/29/97 4 12C 6 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 b) Such revenues do not include those derived from: 1) Other Communication Services; 2) signal carriage (e.g. marketing co-op dollars, launch dollars and retransmission) agreements; 3) refunds: 4) bad debt; 5) equipment deposits (e.g. customer terminal devices); 6) any sales, excise or other tax collected by Grantee on behalf of any governmental unit; 7) reimbursements for expenses (e.g., returned check fees and copy expenses); 8) items excluded by Local, State or Federal Law: or 9) local TV production and / or related program revenue. "Institutional Network or I-Net" shall mean a communication network for the provision of video services, voice transmissions and data transmissions which is available only to Collier County owned facilities and not for residential cable Subscribers. "Other Communications Service" shall mean information audio, video, data, telephony, Internct access, texl service, electronic communication (e-mail), or any other lawful service that Cable Operator makes available for purchase by Subscribers, "Person" shall mean an individual, partnership, association, limited liability company, joint stock company, trust, corporation, or governmental entity, "Public Buildings" shall mean publicly supported K-12 schools, Federal, State, County, government owned or leased buildings or paris of buildings which are occupied by County employees for the sole use of conducting County Business, "Educational, or Governmental Access Facilities" shall mean a channel capacity designated for educational or government use. "Public Way" or "Rights-Of-Way', shall include the surface, the air space above the surface, and the area below the surface of any public street, avenues, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, squares, viaducts, waterways, greenways, utility easements, and other public properly now or hereafter held by the County or the State which shall entitle the County and the Grantee to the use 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 guarantee by the County that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by its use of such 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. "Reasonable Notification" shall mean fourteen (14) business days for all non financial related matters and thirty (30) business days for financial matters. "Subscriber" shall mean any person or entity lawfully receiving any portion ofthe Cable Service of Grantee pursuant to this Franchise. 07/29/97 5 12g 6 2.24 "Service Tier" shall mean a category of Cable Service or Other Communications services provided by a Cable Operator and for which a separate rate is charged by the Cable Operator. Section 3. Franchise Territory The non-exclusive cable television franchise granted under this Section shall include the geographic area described as Collier County, and the specific Public Ways necessary to ruch areas. .~wve Section 4. Nature and Terms of Grant 4.1 Grantor does hereby convey to the Grantee a non-exclusive franchise to construct and operate a Cable System, using owned and / or leased facilities, which may be located in the County Rights-of-Way. 4.2 Notwithstanding, Section 4.1, Grantee may, in its sole discretion, elect to lease, for example, fiber optic, coaxial and multi-pair cable and other cable communication facilities or program services from other County franchised providers of Cable. Service to support the operation of its Cable System. 4.3 Notwithstanding the requirements of current Collier County Code, Section 30-28 (g), the franchise granted herein shall run for a term of fifteen (15) years commencing upon acceptance by Grantee. The renewal application submitted with a $5,000 check meets any and all financial obligations to satisfy Grantor's renewal process of this Franchise Agreement. 4.4 Public Rights-of-Way use conditions. 4.4.1 All facilities shall be constructed, installed and located in accordance with the following terms and conditions: 4.4.2 The Grantor requires, at no cost to the County, the Grantee to locate its cable television facilities when the Grantor intends to conduct excavation projects. The Grantor shall be responsible for damage to cable television facilities caused by the negligent or intentional acts of its employees or agents. 4.4.3 07/29/97 The Grantor reserves the right, upon reasonable notice, to require the Grantee at its expense to protect, support, temporarily disconnect, relocate or remove from the County's Rights-of-Way or streets, any property of the Grantee by reason of traffic conditions, public safety, street construction, real or planned excavation, change or establishment of street grade, installation or planned installation of 6 12g 6 sewers, drains, water pipes, power and / or communication lines, tracts, or other types of structure or improvements by governmental agencies or any other structures proposed for public improvement. Reasonable notice for this provision shall be in writing and shall be delivered to the Grantee at least ninety (90) days prior to thc commencement of initial excavation, except in the case of emergencies where no spcci tic notice period shall be required. The Grantor shall endeavor to notify and seek comment from the Grantee with respect to minimizing disruption to the Cable System, where public works projects may affect thc Grantee's Cable System. 4.4.4 Whenever a public way exists to accommodate the Grantee's system, the Grantee shall not locate its facilities offthe Right-of-Way and shall make every effort to locate its telecommunications facilities within the public way before seeking private easements within the County. The Grantee, at no cost to the County or the State, shall relocate its facilities and appliances which are in conflict with County projects to upgrade or construct roadways. 4.4.5 The Grantee shall locate, place and construct its telecommunications facilities so as not to unreasonably or intentionally 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 existir, g facilities within thc Rights-of-Way. 4.4.6 Grantee shall restore and replace landscaped areas, pavement, pedestrian lighting, sidewalks, curbs, gutters or other facilities damaged by the Grantee and or its contractors with like material 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 of the job, readjust, fi Ii and finish the same as may be necessary due to settling of the earth associated with the Grantee's disruption of the Public Way. 4.4.7 The Grantee shall adhere to all Federal, State and Local Laws, rules and regulations regarding the location, construction, and maintenance of its Cable System facilities within the Rights-of-Way. 4.5 All franchisees are required to obtain construction permits for cable system facilities to be installed in Rights-of-Way. 4.6 07/29/97 The Grantee shall, subject to commercial practicability, make its cable television services available to any customer within its service area who shall request such service, without discrimination as to the terms, conditions, rates or charges for Grantee's services; provided, however, that nothing in this Section shall prohibit a franchisee from making reasonable classifications among differently situated customer groups. The Grantee reserves the fight to deny new service or to terminate current service to 7 4.7 customers who obtain the service in manners not authorized by the Grantee, who have a history of multiple failures to make timely payments. The Grantee shall make its Cable Service available to Subscribers in the County at rates that comply with FCC guidelines. 4.8 Interconnection of Cable Systems 4.8.1 The Grantee shall have the capability to be interconnected with other adjacent Cable Systems. At a minimum, the Cable System shaI! be capable of interconnecting government access channel (s) programming to other adjacent Cable Systems. 4.8.2 The Grantor may request the Grantee to negotiate interconnection of the government access channels (s) with other adjacent Cable Systems in the general area. 4.8.3 Section 5. Grantee shall comply with State and Federal Law regarding interconnection of its facilities with other Cable Systems. Customer Service Standards 07/29/97 County has determined that it is in the best interest of/ts residents and consistent with the public convenience and necessity to adopt Customer Service Standards for the provision of Cable Service by the Grantee. The Grantee shall operate its Cable System in a manner consistent with the County's Consumer Protection Provisions, current Collier County Code, Chapter 30 ~ 55, to the extent that such provisions are not inconsistent with those of the FCC. Section 6. Compensation, Auditing and Other Payments 6.1 Grantee shall pay the County throughout the term of this Franchise, as compensation, an annual Franchise Fee of five percent (5%) of the Grantee's Gross Revenues. 6.2 All such payments of Franchise Fees shall be made payable to the Office of Franchise Administration quarterly in accordance with current Collier County Code, Chapter 30- 28(k)(2), for the preceding period payable within sixty (60) calendar days after the end of the calendar quarter for which the payment is made. Franchise Fee payments shall be accompanied by a quarterly report itemizing and setting forth the revenues / receipts and showing the calculation of the payment due for the preceding per/od. 6.3 The payment of the Franchise Fee by the Grantee is for the fight to construct and operate its Cable System, as defined herein, within the Grantor's Rights-of-Way and is in lieu of a Rights-of-Way use or encroachment fee. 8 6.4 6.5 6.6 6.7 12g 6 The Grantor, on an annual basis, shall be furnished a statement within ninety (90) days of the close of the calendar year, certified by an official of the franchisee responsible for the Cable System's financial statements, reflecting the total amounts of Gross Revenues as defined herein, and all payments, and computations for the previous calendar year. Upon ten (I0) days prior written notice, the Grantor shall have the fight to conduct an independent audit of Grantee's records. The Grantor shall have the right to audit a Grantee's fiscal and financial records, and to recompute any amounts that are payable under Section 6 by the Grantee for a period of twenty-four (24) months after receipt thereof, after which payments shall be final. Any additional amounts due the Grantor as a result of the audit shall be paid within sixty (60) days following written notice to the Grantee by the Grantor ofthe underpayment, which notice shall include a copy ofthe audit. If, after resolving any dispute arising from such audit, Grantee has made a Franchise Fee underpayment often percent (10%) or more, the Grantee shall assume all reasonable costs of such audit. In other events, the Grantor shall bear ali costs and fees associated with any such audit. All Grantee's books and records concerning its Gross Revenues and its calculation of payments to the Grantor, shall be available for inspection by an appropriate officer ofthe Grantor, or its designee, at reasonable times to determine the amount of compensation due to the Grantor 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 G~antor at times reasonably requested by the Grantor and in the form prescribed by the Grantor after consultation with the Grantee, such reports with respect to its Cable System and the Gross Revenues derived therefrom, as the Grantor may deem reasonably necessary or appropriate. 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 Grantor. Consistent with federal requirements, the Grantee shall file no le:.s frequently than annually any tariffs, amendments, or modifications affecting the sale of its services and subscriber terminal equipment and shall provide written notification to the Grantor within thirty (30) days of any proposed changes. The Grantee shall also make available to the Grantor copies ofall filings, reports and petitions to local, state, or federal regulatory agencies. 07/29/97 9 12B Section 7. Franchise - Not Exclusive This Franchise shall be non exclusive. The Grantor reserves the fight to grant franchises to other persons at any time or to contract with any other person for the use ofthe County Rights-of Way or property for the operation of other Cable Systems. If Grantor grants or modifies any overlapping cable television service franchise within its jurisdiction and the terms and conditions imposed therein are less burdensome or more favorable '~han those required in any existing franchise, the Grantor shall concurrently modify all applicable existing franchise obligations to reflect such less burdensome or more favorable terms and conditions in the franchised geographic area. Section 8. No-Waiver 8.1 The failure of the Grantor, upon one or more occasions, to exercise a fight or to require compliance or performance under this Franchise or any other applicable law shall not be deemed to constitute a waiver of such fight or a waiver of compliance or performance, unless such right has been specifically waived in writing. 8.2 Waiver of a breach of this Franchise or any section of Chapter 30 of the current Collier County Code shall not be a waiver of any other breach. Neither the grant of this Franchise nor any provision herein shall constitute a waiver or bar to the exercise of any governmental fight or power of the County. Section 9. Regulation 9.1 The County Commission shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest. Any failure by the Grantor 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. 9.2 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 or State Law, shall not be abrogated or otherwise limited. 9.3 Following reasonable notice, the County reserves the right to inspect the installation and maintenance of the Cable System. 9.4 The Grantee shall comply with all Federal, State and Local regulations, applicable to its Cable System, such as the National Electrical Code, National Electrical Safety Code, Fiber Optic Cable Installation Specifications, 1987 (Telecommunication Industry 07/29/97 10 12C 6 Committee), traffic safety / hne c~osure rules and construction requirements promulgated by the County. Section I0. Cable System Design and Construction 10.1 Grantee recognizes and hereby agrees to commit itself to compliance with all aspects of the Social Contract and the Social Contract Amendment. Grantor recognizes and accepts that Grantee will upgrade its Cable System in compliance with the Social Contract and the Social Contract Amendment, in all areas of the County where it is economically feasible. 10.2 The Grantee shall make available for the Grantor's inspection all hybrid fiber coaxial (HFC) system design maps for Grantor's review. Said review will take place on the premise of Grantee's place of business located within the County. 10.3 Thc Grantee agrees to satisfy all FCC technical requirements obligated for a cable system. Section 11. Continuing Tests 11.I The Grantee shall perform all tests necessary to demonstrate compliance with the requirements 47 CFR 76 subpart K. Ali tests shall be conducted in accordance with the FCC's rules. 11.2 All construction maps will be made available for the review of the Grantor no less than ten (I0) days prior to the commencement date ofthe upgrade. Said review will take place on the premises of Grantee's place of business located within the County. "As built" maps are considered proprietary and shall be made available to the County upon written request pursuant to an appropriate request for confidential treatment. Such maps should designate the location of Grantee's facilities. Section 12. Government Access Provisions 12.1 The Grantee shall set aside a total of two (2) channels of its transmission capacity for government access on the residential distribution system. The first of the two (2) channels is currently available. The second of the two (2) channels will be made available to the Grantor immediately upon its technical feasibility on, or before September 30, 1999, whichever comes first. The County is obligated to arrange with the Collier County Public School System, and the Collier County Public School System only, for sharing the channel (s). 07/29/97 1 ! 07/29/97 12.1.1 12.1.2 12.1.3 12.1.4 12.1.5 The Grantor agrees to provide programming on the first of the two (2) channels to utilize formats limited to beta, ~ inch, digital technology or formats generally considered to be technologically more advanced. Specifically, the Grantor agrees to cease utilizing ¼ inch tape format (s) effective July 1, 1998, as a format from which programming will be cablecast. The Grantee agrees to pay the Grantor a one-time donation of $145,000.00 for the sole purpose of purchasing television production related equipment to be used at the sole discretion of the Grantor. The Grantor agrees to provide and be responsible for all necessary maintenance personnel, at its expense, to acquire and produce programming through the use of such facilities. The Grantee will have no responsibility for maintaining or securing equipment owned or operated by the Grantor or the Collier County Public School System. Government access programming for the first of the two (2) channels will be made available immediately by the Grantor pursuant to Section 12. I. The Grantee shall provide, without charge to the Grantor, sig,'~al transportation for the first of two (2) government access channels and shall be provided without charge to the Grantor from the point of origination (currently Third Floor, Collier County Administration Building, 3301 East Tamiami Trail, Naples, Florida) to the Grantee's interconnection hub site located on Bonita Grand Road at the northwest corner of Exit 18 oflnterstate 75 for distribution on the Grantee's Cable System originating from the interconnection hub site. Government access signal transportation for the second government access channel will be at the sole cost (to construct and maintain) and expense of the Grantor from the point of origination to the Grantee's prescribed interconnection hub site for distribution on the Cable System to Collier County Subscribers. Should the Grantor successfully negotiate with the Collier County Public School System (and the Collier County Public School System only) for the use of any of the Instructional Television Fixed Service (ITFS) channels. Grantee agrees to contribute a one-time contribution of $3,125.00 per ITFS to go towards the Grantor's expense (s) related to the installation and maintenance of said Instructional Television Fixed Service (ITFS) directing Grantor's (transmit) signal to Grantee's (receive) designated ITFS receive location located on Bonita Grand Road at the northwest corner of Exit 18 of Interstate 75. The total of such contributions is subject to a maximum of $25,000 during the term of this Franchise Agreement. In the event the Grantor makes use of the Instructional Television Fixed Service (ITFS) 12 12C 6 technology, Grantor is responsible for all maintenance related to delivering and maintaining adequate signal quality to the Grantee's interconnection hub site location. 12.1.6 The Grantor shall be responsible for all programming cablecast on said channel (s). 12.1.7 The Grantee shall not be responsible for programming cablecast on said channel (s). 12.2 The parties agree that any cost to the Grantee associated with providing these government access channel (s) and / or related services, facilities, and equipment under this Franchise, including without limitation, the amounts set forth herein are not part of the Franchise Fee, and fall within one or more of the exceptions to 47 U.S.C § 542. Section 13. Institutional Network Provisions 13.1 The Grantor and the Grantee recognize that a closed loop fiber optic Institutional Network allowing for governmental, non-commercial communications by and between the Grantor's owned or leased facilities may be desirable. When Grantee begins its rebuild process in the County, written notification of this rebuild process will be provided to the Grantor. The Grantor will have ninety (90) days from the date of rebuild notification to confirm Grantor's interest to either lease or purchase fiber facilities from Grantee. Grantor and Grantee recognize that the ninety (90) day period of time is a firm window of opportunity for Grantor to pursue an Institutional Network and must provide all necessary documentation to Grantee required by Grantee to proceed with the project so Grantee may begin to administer the Institutional Network project on behalfofthe Grantor. Should the Grantor, at its sole discretion, elect to purchase said fibers, Grantor will reimburse Grantee for all expenses (labor and material) incurred for the placement and subsequent maintenance of said fibers at an amount not to exceed the amount permissible by the Federal Communication Commission (FCC). Grantor is responsible for mapping, designing and technical specifications as well as material specifications of Grantor's said Institutional Network needs. In the event the Grantor, at its sole option, elects to lease up to two (2) fibers, Grantee agrees to lease said fibers at terms and conditions acceptable to both Grantee, and Grantor. The construction and maintenance or lease of the Institutional Network will be governed by a separate contract to be negotiated in good faith between the Grantee and Grantor upon notification from the Grantor that it plans to proceed with the project and has developed plans for utilization of the Institutional Network. 07/29/97 12C 6 13.2 Grantee agrees to work in a cooperative fashion with Grantor and its agents while the Grantor designs and selects components necessary to implement its applications relative to the Institutional Network and, if Grantor request, Grantee shall furnish terminal equipment at Grantee's cost, provided that the Grantee is reimbursed by the Grantor for said expenses at an amount not to exceed the amount permissible by the Federal Communications Commission (FCC). 13.3 The parties acknowledge that the agreement regarding usage of the Institutional Network is subject to all Local, State, and Federal Law. To the extent permitted by law, the Grantor or public agency agrees to indemnify and hold harmless the Grantee from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorney's fees and costs directly related to the material under the Grantor's or public agency user's exclusive control carried on the Institutional Network, including but not limited to, copyright infringement, libel, slander, defamation, patent trademark, or invasion or privacy claims. Section 14. Assignment 14.1 This Franchise or control thereof shall not be transferred or assigned without the prior written approval of the Franchise Authority, which approval shall not be arbitrarily or unreasonably withheld or delayed. 14.2 For purpose of this Section, a transfer or assignment of this Franchise or control thereof between commonly controlled entities, between affiliated companies or between parent and subsidiary corporation shall not constitute a transfer or assignment. Control shall mean majority (over 30%) voting control of the Franchisee. An affiliated company is one that directly or indirectly or through one or more intermediaries, controls, is controlled by or is under common control with another person or entity. Section 15. Remedies 15.1 In addition to any other rights set out elsewhere in this Franchise, and subject herein, the Grantor reserves the fight to declare a forfeiture of this Franchise, and all of Grantee's rights arising hereunder, in the event that: 15.1.I The Grantee is found by a court of competent jurisdiction to have violated any material provision of this Franchise; or 15.1.2 The Grantee is found by a court ofcompetent jurisdiction to have practiced any fraud or deceit upon the Grantor. 07/29/97 14 12C 6 15.2 The Grantor shall give Grantee thirty (30) days written notice of its intent to exercise its rights under this Section, stating the reasons for such action. If Grantee cures the problem within the thirty (30) days notice period, or if the Grantee initiates substantial effort to remedy the stated problem and the efforts continue in good faith, then the Grantor shall not have the right to declare a forfeiture of the Franchise. If Grantee fails to cure the stated violation within the thirty (30) days notice period, or if the Grantee does not undertake efforts satisfactory to the Grantor to remedy the stated violation, then the Grantor, upon reasonable notice, may impose any or all of the remedies available herein. Section 16. Expiration and Renewal Renewal of this Franchise shall be governed by applicable State and Federal Law. S~'ction 17. Confidential Information Grantee may identify information, such as trade secrets, submitted to the Grantor as confidential. Grantee shall prominently mark any information for which it claims confidentiality with the word "Confidential" in letters at least one-half (~) inch in height, prior to submitting such information to the Grantor. Grantee may request the Grantor treat records containing trade secrets or proprietary information as confidential under The Florida PuNic Records Law. To the extent authorized by The Public Records Law and other applicable State and Federa'.. law, the Grantor shall maintain the confidentiality of information designated "proprietary" by the Grantee. Should the Grantor 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 to raise an objection, demonstrate why the requested information is proprietary and, if necessary, seek a court order to protect its proprietary information. Section 18. Forum for Litigation Any litigation between the Grantor and Grantee arising under or regarding this Franchise shall occur, if in the state courts, in the Collier County Court havingjufisdiction thereof, or if in the federal courts, in the United States District Court for the Southern District of Florida Section 19. 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: 07/29/97 County Administrator Collicr County 3301 Tarniami Trail East Naples, Fi 34I 12 15 12C 6 With a copy to: Franchise Administrator Collier County 3301 Tamiarni Trail East Naples, FI 34112 If to the Grantee: Vice President MediaOne 301 Tower Road Naples, FL 34113 With a copy to: Senior Vice President Southeast Region MediaOne 7800 Belfort Parkway Jacksonville, FL 32256 Section 20. Severability If any section, subsection, sentence, clause, phrase, or other portion of this Franchise 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 portions shall continue in full force and effect. Section 21. Non-Discrimination The Grantee shall not discriminate in any manner on the basis of age, race, sex, handicap, color, creed, national origin, or religion. Section 22. Non-Divestiture This Franchise shall not divest the County of any right or interest in the Rights. of-Way. Section 23. Financial Stability Grantee will provide Grantor, on an annual basis, a current financial annual report and FORM 10-K to satisfy requirements of Grantee's credit worthiness. Section 24. Remedies - Cumulative All remedies provided under this Franchise Agreement or Chapter 30 of the current Collier County Code shall be cumulative, unless otherwise expressly stated. The exercise of one remedy 07/29/97 16 AUG - 5 19g? shall not foreclose use oFanothcF, nor shall it Felieve the Grantee of its obligations to comply with the Franchise. Remedies may be used singly or in combination; in addition, thc County may exercise any Fights it then has under applicable law. 6 Section 25. Books and Records - Inspection The Grantor may inspect the books, records, maps, plans, and other documents, including financial documents, in the control or possession of the Grantee: ( 1 ) to enforce the Grantor's rights or assess compliance with the Franchise and applicable law; (2) in the exercise of any lawful regulatory power; or (3) as may be convenient in connection with any proceeding the Grantor may or must conduct under applicable law with respect to Grantee's Cable System. The material may be duplicated at a County facility unless the County agrees to inspection and copying at some other place. Material that the Grantor requires Grantee to produce under this Section shall be produced upon reasonable notice, no later than 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 Flor/da Public Records Law. To the extent author/zed by the Public Records Law and other applicable State and Federal Law, the Grantor shall maintain the confidentiality of information designated "proprietary" by the Grantee. Should the Grantor 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 to raise an obje~,tion, demonstrate why the requested information is proprietary and, if necessary, seek a court order to protect its proprietary information. Section 26. Books and Records - Reports and Responses to Questions 26.1 Grantee shall provide the following reports to Grantor: 26.1.1 A quarterly Franchise Fee report listing revenues received, by category, in a form similar to attached Exhibit A; 26.1.2 26.1.3 Grantee shall file with the Grantor 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 Grantor any request for protection under Bankruptcy laws, or any judgment related to a declaration of bankruptcy by the Grantee, any affiliate which controls or manages the Grantee, or any operator of the Cable System. 07/29/97 t 7 AUG - 5 Jg? Section 27. Books and Records - Maintenance 1 ~ ~ In addition to reports required by this Franchise, the Grantee shall maintain records of FCC proof of performance. Section 28. Inspection of Plant The Grantor may inspect the Grantee's Cable System during construction, and anytime thereafter upon reasonable notice to the Grantee. If, based on subscriber complaints or its own investigation, the Grantor 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 Grantor the results of those tests. The Grantee shall r~.port each deficiency and take prompt action to remedy it. Section 29. Insurance 29.1 29.2 Within thirty (30) days after the effective date of the Franchise, Grantee shall provide proofofthe 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 current Collier County Code. The insurance coverage obtained by this Grantee in compliance within this Section shall be approved by the County's Risk Management Office and certificates insurance shall be filed with the County. Section 30. Emergency Alert The Grantee shall install and maintain an emergency alert system [EAS] pursuant to FCC's rules and regulations and the Florida Emergency Alert System Plan. Section 31. Service to Public Buildings Grantee shall, upon request, provide service to public buildings located within one hundred fifty feet ("150' ") of Grantee's existing distribution system; provided, however, that if adequate underground conduit is provided by the requesting public agency, Grantee 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 and Other Communications Services to such public buildings shall be at Grantee's current rate; however, any Public Building account being provided free service as of the execution date of this Franchise Agreement shall continue to receive such free service during the term of this Agreement. Any services which are provided without charge to any Public Building, neither the Grantor nor any other person may resell such services. Notwithstanding any arrangement to the contrary under former franchises, the Grantor shall pay the Grantee's current rate for Cable Service and Other Communications Services used by the Grantee as well as all other charges and 07/29/97 18 6 12C non-recurring charges for installation and other serviceable facilities associated with Cable Service. 6 Section 32. Four Year Review: Performance Monitoring 32.1 During the years which commence on the fourth anniversary or any multiple thereafter, of the effective date of the Franchise, the Grantor may commence a review of Grantee's performance under the Franchise. As part of this review, the County 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 requirements are adequate or excessive; and, c) other issues as may be raised by the Grantee, the Grantor, or the public. 32.2 The Grantor may 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. 32.3 Any revisions to this Franchise Agreement which either the Grantor or the Grantee wishes to make as a result of these reviews shall be proposed under the procedures established herein. 32.4 Periodic Evaluation, Review and Modification. 32.4.1 The Grantor and Grantee acknowledge and agree that the field of cable television is a relatively new and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term of this Franchise. Therefore, in order to provide for the maximum degree of flexibility in this franchise, and to help achieve a continued, advanced and modem Cable System, the following evaluation and review provisions will apply: The Grantor may, upon thirty (30) days notice, request evaluation and review sessions at any time during the term of this Agreement and Grantee shall cooperate in such review and evaluation; provided, however, there shall not be more than one (1) evaluation and review session during any four (4) year period. 07/29/97 b) Topics which may be discussed at any evaluation and review session include, but are not limited to, rates, channel capacity, the system performance, 19 - 5 programming, educational and government access, municipal uses of cable, subscriber complaints, judicial rulings, FCC rulings and any other topics the Grantor or Grantee may dccm relevant. c) During an evaluation and review session, Grantee shall cooperate fully with the Grantor and shall provide without cost such reasonable information and documents as the Grantor may request to perform the evaluation and review. d) As a result of an evaluation and review session, the Grantor or Grantee may determine that a change to the system or in the terms ofthe Franchise may be appropriate. In that event, either the Grantor or Grantee may propose modifications to the system or the Franchise. Grantee and the Grantor shall, in good faith, review the terms of the proposed change or any proposed amendment to this Franchise and seek to reach agreement on such change or amendment. 32.4.2 The Grantor and Grantee shall act in good faith during such negotiations and shall be obligated to agree to the reasonable requests of the other party changes in the system or amendment to the Franchise when the change or amendment is not inconsistent with the other terms of the Franchise, or with applicable law or regulations, and the change or amendment is teck:lically feasible, economically reasonable and will not result in a material alteration of the rights and duties of the parties under the Franchise. Section 33. Conflict with Current Collier County Code 33.1 The provisions of the current Collier County Code, are hereby incorporated herein by reference as ifset 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 current Collier County Code, the terms of this Franchise shall prevail. 33.2 The Grantor has examined the current Collier County Code and finds certain provisions unnecessary in view of the renewal status of the three franchises. Therefore, the Grantor elects to waive the applicability to Grantee during the term o£this franchise of the sections: ( a ) Sec. 30-42 (f); ( b ) Sec. 30-54: ( c ) Sec. 30-61. Section 34. Reservation of Rights Grantor and Grantee reserve all rights that they may possess under the law unless expressly waived herein. 07/29/97 20 AUG 120 -5 Section 35. Acceptance of Franchise Within thirty (30) calendar days following the grant of this Franchise, thc Grantee shall file with the Grantor payment, if applicable, relating to Section 12.1.2 required herein, together with a certificate of insurance required herein. 'Hie 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 Grantee before a notary public, and shall in form and content be approved by the County Attorney. Section 36. Grant '1 his non-exclusive Franchise is granted by the County to MediaOne Enterprises, Inc., pursuant and subject to the conditions and requirements provided by Chapter 30 of the Collier County Code and applicable Federal, State and Local laws, rules and conditions. This Franchise bestows uFon Grantee the authority to construct, maintain and operate a cable system, utilizing the Rights-Of-Way, to offer Cable Service and Other Communications Services within the County. Section 37: Effective Date This Franchise Agreement shall take effect immediately upon adoption. Passed and adopted on this ~ax~h~, 1997. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed. 6 ATTEST: · .D, wight E. BrOck BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA limothy/L/'Hancock, Cl:lairman 0 712 919 7 21 ACKNOWLEDGEMENT: AUG - 5 1997 MediaOne Enterprises, Inc. hereby agrees to be bound by and to comply with all requirements pursuant to the provisions of this Franchise. H. W. Goodall (~'7~ Attest Senior Vice President corp seal State of Florida ) County of Collier ) The foregoing Franchise Agreement was acknowledged before me this ~ 1997, by H. t4. Goodall , who produced a Florida Driver's License #~kX (~) PeA ?,Cf"}O/I [j Knouo as identification. NOTARY PUBLIC Ti'NA-,IJSETTE FER.N AND~'~ My Corem Exp. 3/~ 6/99 Bonded By .S~vic~ lxa No. CC5772 Approved as to form and legal sufficiency: By: Thotnas C. Palmer Assistant County Attorney July 25, i 997 22 6 Exhibit A Monthly Franchise Fee Reporting Schedule Cable Operator Address Contact Person Title Accounting Department 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 I.II 1.12 Subscriber Detail I.I Basic I Average Subscription Units 1.2 Basic Service Rate CPST Average Sub. Units CPST II Rate Premium Service Average Units Premium Service Rate Disney Service Average Units Disney Service Rate Installation Average Completions Installation Average Rate Complimentary Accounts Phone Penetration Statistics 2.1 Total Homes Passed 2.2 Basic I Penetration Units 2.3 CPST Penetration Units 2.4 Premium Service Penetration %-age 2.5 Disney Service Penetration %-age 2.6 Chum: Average %-age Gross Revenue Detail Itemization Code 3.0 Cable Television 3.1 Basic I 3.2 CPST 3.3 Premium 3.4 Showtime 3.5 HBO 3.6 Disney 3.7 The Movie Channel Revenue Date: / / AUG - 5 1997 07/29/97 23 3.5 Pay Per View 3.6 FM Radio 3.7 Converter Rental 3.8 Remote Control 3.9 Cable Guide 3.10 Launch Fees 3.11 Program Carriage Fees 3.12 4.0 .adO Services 4.1 Basic I 4.2 CPST II '4.3 Premium 4.4 Show'time 4.5 HBO 4.6 Disney 4.7 The Movie Channel 4.5 Pay Per View 4.6 FM Radio 4.7 Converter Rental 4.8 Remote Control 4.9 Cable Guide 4.10 Launch Fees 4.11 Program Carriage Fees 4.12 5.0 Service Charge 5.1 Installation 5.2 A/B Switch Sales 5.3 Up/Down Grades 5.4 Late Payment Fees 5.5 Check Retum Fees 5.6 6.0 Commercial 6.1 Bulk (MDU) 6.2 Contract 6.3 6.4 7.0 Advertising 7.1 Commercial Insertion 7.2 Barter Agreements 7.3 Home/Auto Sellers 7.4 07/29/97 24 12C 6 AUG - 5 1997 8.0 Shopping Channels 8.1 HSN 8.2 QVC 8.3 8.4 9.0 Video Production 9.1 9.2 10.0 Leased/Rentals 10.1 L-A Channel 10.2 Facilities 10.3 10.4 10.5 Code Revenue-Source 11.0 Miscellaneous 11.2 Reimbursement for Cable Damage 11.3 Equipment Sales I 1.4 Launch Incentives 11.5 11.6 6 SUBTOTAL FRANCHISE FEE ~5% TOTAL 07/29/97 25 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ~_~ .~j~-.,ou, ~' .^.~ Constantine, Timothy 3301 Tamiami Trail East I~AAIE OF BOAI).O. COUI'~'IL. COe4MI~;~OeL AUTHOLrr~ OP. COM~s s if.E. Collier County Board of County Co~missioners ...,~, s.~ ,s ~ u~,~ ce. 12C 6 COUNTY NAME OF POLITICAL Collier Collier County 1997 ~X ELECTIVf. ,: APPOt:'CTI%'I[ . WHO MUST FILE FORM 8B ~ form ts for usc by any person scrvlng :t the county, c~ty, or other local level of government on an appointed o( elected board. council, commission, authority, or committct. I~ applies cqunUy to members of advisory and non-advisory bociics who arc presented with a voting conflict of interest under Section 112_3143, Florida Statute. The rcquircmcn, ts of this Law are nt,~uar'y;, although the usc of this particular form is not r~quired by Law. you arc encourmged to usc it in making thc disclosure required by law. You~ rcsponsib[litlc~ under the law when faced with a mca.sure in which you have a conflict of interest will vary g;rratly depending o~ whether you hold an elective or appointive position. For this re~son, please pay close attention to the instruc/Jons on this form before completing the reverse side and Filing thc form. :.,.~.: ,, : INSTRUCTIONS FOR COMPLIANCE WITH SECTION tt2.~[43, FLORIDA STATUTES ri FCTED OFFICERS: A person holdin~ elective county, municipal, or other local public office MUST ABSTAIN r}om voting on a measure which inures to his special prNate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special ~,-ain of a principal (other than a govcrnt-~ent agency) by whom he is retained. in either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly statin~ to the assembly the nature of ),our interest in the measure on which you are abstaining From voting: and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completinE and filin$ this form with the person responsible for rt'~ording the minu~es of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office ,MUST ^BSTAIN from voting on :, mezsurc which inures to his special private gain. Each local officer also is prohibited from kfiowingly voting on a measure which inures to the slx~ial gain of a principal (other than a government agenc'/) by whom he is retained. .. A person holding an appointive local office oihcrwise ma5' participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence thc decision by oral or written communication, whether made by the officer or a~ his direction. IF YOU INTEND TO MAKE ANY A'I-T'EMPT TO II(IFLUEN. CE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any a~tempt to influence thc decision) with the person responsible for recording thc minutes of the meeting, who witl incorporate the form in thc minutes. · A copy of the form should be provided immediately to thc other members of thc agcncy. · The form should be read publicly a~ the meeting prior to consideration of the matter i~ which you have a conflict of interest. 5051 CA~ello ~:~iv~, ~i~e 220 ¥~Ples, 2~ 34103 34101 NO. DATE ST. T I ME TOTAL T I ME ABEIR I D STATUS I~PC_xS DF_PT CODE COMM. CODE 171 0(S-30 10:40 00' 00' 58 ~J~24357 OK 1 06KCCE)~I~00 172 06-30 15:28 00~ 01' 24 9140~4815801 OK 2 0~10 173 86-38 15:56 00°00'43 901 767 8853 OK 1 174 87-0! 11:88 8~M' 12 9419970393 OK 6 06CC00~006A 12 175 07-01 15:24 80' 02' 18 ,9263~86~ OK 176 07-81 15:34 00° 02' 16 9263~864 OK 3 068C008~3F 177 07-01 16:51 00°00'47 9417746179 - 0 178 07-01 16:52 0~° 07' 32 9417746178 OK 6 ~6,88~00~(~c~11 179 07-02 10:01 ~°02'46 941 261 6?47 OK 181 07-82 14: 31 ~' 02' ~ 9~ 1~ 07-~ 15:~ ~'~ ~ * 1 ~01~ 1~ ~ 15:48 ~'~ ~ ~ 3 ~14 TOT~ 12C ? July 2, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition CCSL-97-2 Dear Judy: Please advertise the above referenced notice one time on Sunday, July 13, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JULY 29, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CCSL-97-2, William L. Hoover, AICP, of Hoover Planning Shoppe, representing Vanderbilt Beach Motel requesting a variance from the Coastal Construction Setback Line to allow construction to enclose the first floor of an existing structure for two meeting rooms (one with a bar), motel offices, storage and restrooms, located at the Vanderbilt Beach Motel, Lot 4, Block A, Conner's Vanderbilt Beach Estates Unit No. 1, i~ Section 32, Township 48 South, Range 25 East, Naples, Collier County, Florida. (Companion to Petition FDPO-97-1.) Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbirett~ ~ D pu y Cl rk 12C ? July 2, 1997 William L. Hoover, AICP Hoover Planning Shoppe 5051 Castello Drive, Suite 220 Naples, FL 34103 RE: Notice of Public Hearing to consider Petition CCSL-97-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 13, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Vanderbilt Beach Motel July 2, 1997 Vanderbiit Beach Motel 9225 Gulfshore Drive North Naples, FL 34108 RE: Notice of Public Hearing to consider Petition CCSL-97-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 13, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: William Lo Hoover, AICP 7 RESOLUTION NO.97- PETITION APPOVING WITH CONDITIONS PETITION CCSL-97-2 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW CONSTRUCTION TO ENCLOSE THE FIRST FLOOR OF AN EXISTING STRUCTURE FOR 'TWO MEETING ROOMS {ONE WITH BAR), MOTEL OFFICES, STORAGE AND RESTROOMS, LOCATED AT THE VANDERBILT BEACH MOTEL, LOT 4, BLOCK A, CONNERS VANDERBILT BEACH ESTATES UNIT NO. 1,SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. WHEREAS, William L. Hoover, AICP0 of Hoover Planning Shoppe, representing the Vanderbilt Beach Motel; requests a variance from the Coaslal Construction Setback Line (CCSL) as required by Collier County Ordinance No. 91-102 Division 3.13, as amended, lo allow construction, to enclose the first floor of an existing structure, to build meeling rooms (one with lounge), motel offices, storage and rest rooms (See Exhibits A and B); and WHEREAS, the proposed structure will extend approximately one hundred feet seaward of the adopled CCSL; and WHEREAS, a proposed terrace will extend seaward of that building, approximately 122 feet beyond the CCSL; and WHEREAS, the subject property is located on lhe west side of Gulf Shore Drive approximalely one-quarter of a mile north of Vanderbilt Drive; and WHEREAS, the petition is consistent with the Collier County Land Development Code Division 3.13, as amended; and WHEREAS, Ihe petition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL- 97-2 be approved, subject to the following conditions: 1. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, pdor to issuance of a Collier County Building Permit. Construction activities shall no[ occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May I o October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Current Planning Environmental S[aff one week pdor to commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. 5. Petitioner shall utilize only native coastal dune vegelation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. Petitioner shall re-vegetate the beach immediately seaward of the existing sea wall with coastal dune vegetation. The re-vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning Environmental Staff, prior to the issuance of a Certificate of Occupancy. 7. Petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. 8o Minor revisions to Coastal Construction ,Setback Line Variance CCSL-97-2 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this day of ,1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 7 A'I-rEST: BY: DWIGHT E. BROCK, Clerk TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency: H'ei~i A~hton Assistant County Attorney ccs1-§7-2 EXHIBIT "A" Z EXHIBIT 7 Il NapLes, FL 339~0 Affidavit of PubLication NapL~ Daily N~s BOARD OF COU~(TY CO~qISSZONERS ATTH: NANCY SALOGU~ PO BOX 41:~Y16 NAPLES FL 34101-3016 REFERENCE: 001230 --700012 57533738 NOTICE OF PUBLIC HEA Stele of FLorida County of Collier Before the underdgned ~thorJty, per~LLy appeared B. La~b, ~n%o o~ omth ~eys that she serves as the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples in Collier County, FLorida: that the attached c~y of the adverttst~ vas pubLid~d tn ufd nevspeper m detes Listed Affiant further soys that t~e utd I~Les Daily Hews ts a newspaper ~Lished at ~Las, in ~td CoLLier County, FLorida, ~ that t~ ~td ne~s~per has heretofore ~ ~ti~y ~lJlh~ in slid Co~Jer ~ty, FlorJ~, each ~y o~ ~l ~en ~ter~ as sec~ class ~JL ,~te~ a~ ~e ~s~ oHtce Jn ~pLes, Jn said Collier C~y, FLor?~, ~o~ a ~rJ~ of ~ yea~ nex~ prec~J~ the first ~LJ~fl~ of the ottach~ ~ of ~ertJl~t; ~ affllnt further layl t~t I~ ~s ~t~r ~Jd ~r pr~t~ ~ny ~r~, firm or ~rmti~ any dJ~t, re~te, ~J~si~ or ref~ for the ~r~le of lecurt~ thJl ~ertJl~t for Nb[J~tJ~ in the la~d ~a~Hr, PUBLISHED ~: 07/13 AD SPACE: $6.000 INCH FILEO OH: 07/14/97 S~orn to and Subscribed before me this JJ day of 12C ? RESOLUTION NO.97-. 316 PETITION APPOV]NG WITH CONDITIONS PETITION CCSL-97-2 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW CONSTRUCTION TO ENCLOSE THE FIRST FLOOR OF AN EXISTING STRUCTURE FOR TWO MEETING ROOMS (ONE WiTH BAR), MOTEL OFFICES, STORAGE AND RESTROOMS, LOCATED AT THE VANDERBILT BEACH MOTEL, LOT 4, BLOCK A, CONNERS VANDERBILT BEACH ESTATES UNIT NO. 1,SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. WHEREAS, William L. Hoover, AICP, of Hoover Planning Shoppe, representing lhe Vanderbilt Beach Motel; requests a vadance from the Coastal Construction Setback Line (CCSL) as required by Collier County Ordinance No. 91-102 Division 3.13, as amended, to allow construction, to enclose the first floor of an existing structure, to build meeting rooms (one with lounge), motel offices, storage and rest rooms (See Exhibits A and B); and WHEREAS, the proposed structure will extend approximateh/one hundrsd feet seaward of the adopted CCSL; and WHEREAS, a proposed terrace will extend seaward of that building, approximately 122 feet beyond the CCSL; and WHEREAS, the subject property is located on the west side of Gulf Shore Ddve approximately one-quarter of a mile north of Vanderbilt Drive; and WHEREAS, the petition is consistent with the collier County Land Development Code Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier county Growth Management Plan - Conservation and coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Vadance Petition CCSL- 97-2 be approved, subject to the following conditions: Ail proposed improvements shall be designed in accordance with the standards of the Flodda Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier county Construction in Sea Turtle Nesting Area Penmits. 12C Petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier Count} Land Development Code. DONE AND ORDERED this 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond lhe 1974 Coastal Construction Control Line. 6. Petitioner shall re-vegetate the beach immediately seaward of lhe existing sea wall with coastal dune vegetation. The re-vegetation shall be completed, according to a plan submitted to and approved by Collier Count} Current Planning Environmental Staff, prior to the issuance of a Cerlificate of Occupancy. 7. Petitioner shall instatl appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. 8. Minor revisions to Coastal Cons/ruction Setback Line Variance CCSL-97-2 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majorit} vote favoring same. ~ day of : '_':.-~. ,,, . , 1997. / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .. ATTEST. i . ;.. . DWIGHT E. BROCK, Clerk .t .,.:,., . . .. ~".t, ' '~' . ~ ; / · .~ , Approved"as to'Fbrm and Legal Sufficiency: ~ei~i ~hton ' A~sistant Count} Attomey BY: T~MOTH/HANCOCK, Chairman ccsl-97-2 · COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following a~ a: XXX Normal legal Advcrfi~ment (Display Adv., Ioc~ion, crc.) 13A Petition No. (If not~, give briff de~crilxion): ~tio~ ~&~): V ' h · r ~ 9 2 ' ' 4 ~g~o~ BCC ~B~ ~ ~ng ~te: ~~ __ ~ on ~t a~ng 15 ~ ~ ~n~ ~~s) to ~ ~: (~I~ on~ ffim~t): ~ T~: ~1~ le~ ~ H~ ~a~in~ S~. ~tint Va~ilt elation of 13 f~ ~G~ to 8,9 f~ ~ ~n~r's Van~ilt ~h E~at~ Unit No. ~ P~fion F~ incl~ ~ng 113-138323-649110 D~ionH~ L~A~: ~a,-- ~ ACo~unT Date I)~T~I~UT~ON I~STRUCTION$ For h¢'arings befor~ BCC or BZA: Initiating person to complete one coy nnd obtala Division Head approval before mbmlttlng to County Manager. Note: If legal document is Involved, be sure that any necessary legal review, ~r requ~ for same, h submitted to County Attorney before s~bmlrtlng to County Manager. The Mana~r's off~ will dlmib~,e cople~: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other heatings: Initiating Division head to approv~ and submit original to Clerk's Office, retaining a copy for file. FOR ~'S 0~ US~O~Y:~. ~ ~ Da~ ~: ~ ~ of ~lic ~g: ~ ~ PHONE 1~: (941} 77~-8406 15~ 5-191 15:31 ~'~'SJ 918 5855102 OK 11 ~~5 155 ~-19~ 15:39 ~01'~ 918 ~5102 ~ 2~ ~10 1~ ~-~ ~:53 ~ 02'~ 9263~4 ~ 3 ~17 157 06-~ 10:11 ~'~'~ ~032~ ~ ~ ~11 1~ ~-~ 10:24 ~ 02' 57 9~4 ~ 5 ~~12 159 ~-~ 11:~ ~ 02'57 ~86~ ~ 5 ~~11 1~ ~-~ 13:11 ~'~2 ~1 ~82 ~21 ~ 1 ~ 161 ~-23 11: ~ ~ 01 ' 33 9263~8~ * 2 ~01~ 162 ~-2~ 11: ~6 ~ 02' 1~ 9~ ~ 5 ~~ 165 ~-24 15:16 ~ 02' 13 ~ ~ 3 ..... 167 ~-~ 11:~ ~1'~7 9~ ~ ~ ~18 169 ~-~ 12:~ ~02'17 ~ ~ 3 ......... TOT~ ~ ~ June 27, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition FDPO-97-1 Dear Judy: Please advertise the above referenced notice one time on Sunday, July 13, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JULY 29, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition FDPO-97-1, William L. Hoover, AICP, of Hoover Planning Shoppe, repr,~senting Vanderbilt Beach Motel requesting a 4.1 foot variance from the minimum required base flood elevation of 13 feet NGVD to 8.9 feet NGVD on property located at 9225 Gulf Shore Drive North, further described as Lot 4, Block A, Conner's Vanderbilt Beach Estates Unit No. 1, in Section 32, Township 48 South, Range 25 East, Naples, Collier County, Florida. Ail interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COM~ISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) June 27, 1997 William L. Hoover, AICP Hoover Planning Shoppe 2223 Trade Center Way Naples, FL 34109 RE: Notice of Public Hearing to consider Petition FDPO-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 13, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Vanderbilt Beach Motel June 27, 1997 Vanderbilt Beach Motel 9225 Gulfshore Drive North Naples, FL 34108 Attn: Peter Tierney RE: Notice of Public Hearing to consider Petition FDPO-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, July 29, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, July 13, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: William L. Hoover RESOLUTION NO. 97- RELATING TO PETITION FDPO-97-1 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PRE"~ENTION ORDINANCE (ORDINANCE NO. 87-80) AS INCORPORATED BY REFERENCE INTO THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NO. 91-102). 13A 1 WHEREAS, the Petitioner, Vanderbilt Beach Motel, desires to enclose the first floor on an existing two story motel located at 9225 Gulf Shore Drive North, upon property more particularly described as set forth in Exhibit "A" which is attached hereto and incorporated by reference herein; and WHEREAS, said enclosure is to be constructed at an elevation of 8.9 feet (NGVD), thus necessitating a request for a variance of 4.1 feet from the minimum base flood elevation of 13 feet (NGVD) required by Ordinance Number 87-80, as incorporated by reference into the Collier County Land Development Code (Ordinance No. 91-102); and WHEREAS, the Board of Zoning Appeals has held a public hearing as required by law; has reviewed Petition FDPO-97-1 in accordance with Subsections 18(5), (6) and (7), Ordinance Number 87-80, as incorporated by reference into the Collier County Land Development Code (Ordinance No. 91-102) and has made a finding that the granting of this petition complies with the intent and purpose of Ordinance Number 87-80 as follows: (1) The 4.1 foot reduction from the Flood Insurance Rate Map (FIRM) 13 foot National Geodetic Vertical Datum (NGVD) requirement ~o 8.9 feet National Geodetic Vertical Datum (NGVD) is the minimum variance necessary, considering the flood hazard, to afford relief. (2) In passing upon this variance, the Board of Zoning Appeals has considered all technical evaluations provided to it, all relevant factors, the standards specified in Ordinance No. 87-80, especially those contained in Subsections 18 (7) (a-n). -1- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUld, FLORIDA, that: Petition FDPO-97-1 is hereby granted subject to the following conditions: 1. The variance shall be for the 4.1 foot reduction of the Minimum Base Flood Elevation required by Ordinance No. 87-80 from 13 feet NGVD tO 8.9 feet NGVD. 2. The Chief Administrative Official shall mil a copy of this Resolution to the Petitioner by certified mail return receipt requested and such mailing shall constitute compliance with Section 18, (10) of Ordinance No. 87-80. 3. The granting of this variance by the Board of Zoning Appeals does not make or imply any assurances that the subject property or structures are not subject to flood damage. 4. The granting of this variance shall not create liability on the part of Collier County or by any officer or employee thereof for any flood damage that results from reliance on this variance or any administrative decision lawfully made thereunder. 5. In accepting this variance, the petitioner assumes all responsibility for any property damage resulting from its application. The granting of this variance has been predicated principally on the engineering data and information provided by the Petitioner and a review of same with respect to the considerations required by Ordinance No. 87-80. BE IT RESOLVED that this Resolution relating to Petition Number FDPO-97-1 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ATTEST DWIGHT E. BROCK, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: f / FD PO/9 7 - 1 RESOLUTION/ day of , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, CHAIR.MAN ,* % BOARD OF COUNTY COI~ZSS~ONERS ATTN: NANCY SALOGU~ PO BOX &130~6 NAPLES FL 341(~1-3016 REFERENCE: 001230 --7000q2 57533517 NOTICE OF PUeLZC HEA State of FtorJd4 Co~ty of CoLlier Before the u~dereJgned authority, 4~)eered B. ~, ~ ~ ~th ~z t~ s~ se~e~ 8~ t~ AssJst~t Cor~rite ~rete~ of in CoLlier C~ty, FtorJ~: t~t t~ ettac~ ~ of t~ ~erttst~ ~e ~s~r ~ ~tes List~ AffJ~t further e~* t~t N~s 1~ e ~s~r ~t~ at ~te~, tn ~d CoLLier C~ty~ FLori~ ~ n~s~r ~ heretofore ~ ~bLia~ in said CoLtter ~ty~ F[ort~ each Ntter it t~ ~lt off?~e ~n ~Lts, ~n H~d CoLL?en C~ty, FLor$~, for · ~r$~ of 1 yee~ next pre~$~ t~ first ~L$~t?~ ~ the attec~ c~ of ~ert~s~t; ~ affect dts~t, r~te, ~Js*J~ or eef~ for the PUBLISHED C~I: 07/13 AO SPACE: 53.000 XNC~ FILED 0~: 07/14/97 ---~- Signature of Afftent ~ S~3rn to e~d Subscribed before . thtsl~ ~y ~~ 19~7 16A 1 Collier Co~ty, Florida IurGU~ST FOR LEGAL AOV~RTISI#G Of' PIJ~t. lC T=: Clerk to the lo. rd: Pteeee pl~ce the fotlo~lr~ e. e: ~ Normet Leget /~N'trtiimt ~ Other: (Ol,ptmy A~., tocitt~n, itc.) (Sl~ Petlt1~ No. (if ~, gl~ ~lef ~crJptl~)t~ Nm & ~rfle of ~ ~re~Ce) to h ~tifl~ ~ Clerk'. Office:. before: ~ l~ ~ IZA ~ Other~ ,.~..t,~ h..,~.~ ~,,~ ' <i~ ,.,~ ~ ~,.~ ~.,,~ ~ ~ ~,or. h.,.,~. l~rCs) to ~ ~: (C~lete mty if i~rt~t ~, ~ N~tes O, Ity N~ or tegl~y r~[r~ ~) ~ Other Pr~ Text: Cl~L~ t~iL ~crlptl~ & cm I~ltl~ & eize):~ r. ee~nim petltlo~C.), if I~', & peotx~ed he.ring ~te: Dm Petltl~ Ffl I~t~ ~rtlll~ C~t? yfl ~ No ~ If yes. ~at Kc~t child ~ chlrg~ f~ ~rtlsl~ coitli l~1~ ~: Oate~C~ty ~r Date N T A. f r : Inltlitl~ ~rs~ to c~tete ~ c~ ~ ~tlln olvlll~ Xe~ i~[ttt~ to C~ty NMr. ~. The ,. ,, ,.~~--,.,,,.,,. o,.,.,. - ,. -~~,, ..,.,~, ,. c,..,., o,,,....,.,~- · - ,- ,,~.. May 19, 1997 To: Terry Cole - Hole, Montes & Associates Per your request via Telefax From: Linda Chapman Re: Block B - Item 5. 1 PROPERTY OWNERS 1. Lot 22 - Quail West, Ltd. - 6289 Burnham Road, Naples, FL 34119 2. Lot 23 - Shore Development - 10660 W. 143rd St., Orland Park, IL 60462 3. Lot 24 - Quail West, Ltd. - 6289 Burnham Road, Naples, FL 34119 4. Lot 25 - Edward & Monika Howard - 4189 Brynwood Ddve, Naples, FL 34119 5. Lot 35 - Charles & Eloise Townsend - 4255 Silver Fox Dr., Naples, FL 34119 6. Lot 36 - John C. Bowden - P.O. Box 20727, Waco, Texas 76702 7. Lot 37 - Gilbert & Loretta Boutin - 4212 Brynwood Drive, Naples, FL 34119 8. Lot 38 - Earl & Rosemary St. John - 4228 Brynwood Drive, Naples, FL 34119 9. Lots AA8, AA9, AA10 & AA11 - London Bay Construction - 889 111th Avenue North, Naples, FL 34108 Administration 6289 Burnham Roa(! NapIc~. FL 33999 Phone: 9'H/Sg7-631 ! Fax: 041/392-t00<) 16A 1 FAX ~o: _~ 774-S40S PHONE lIO: .~ 774-S~06 TOTAL TIME I z~e I ~7-1~1 14:55 ~'~ I 218 I ~-15[ 16:31 ~ ~01'03 ~ ~'52 I~zel ~-Z~l I 219 I ~-1~1 15:2~ -"~ 01'48 00' 00' 46 00' 0~' 17 00' 02'~ 00'01'59 16A 1 July 18, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition AV-97-010 Dear Judi: Please advertise the above referenced notice two times, one time on Wednesday, July 23, 1997, and one time on Wednesday, July 30, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700012 PUBLIC NOTICE 16A 1 on A~gu~t 5, 1997 the Board of County Commissioners will consider a Resolution to vacate a portion of the recorded plat of "Quail West Unit One Replat", and approve for recording the plat of "Quail West Unit One replat Block B". The item is scheduled to appear on the Consent Agenda as "RECOMMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF "Quail West Unit One Replat Block B", AND APPROVE THE VACATION OF A PORTION OF THE RECORDED PLAT OF "Quail West Unit One Replat", PETITION AV-97-010". Persons wishing further information, or to have the item removed from the Consent Agenda and placed on the Regular Agenda should contact the Planning Services Section of the Community Development and Environmental Services Division of Collier County Government at 403-2400. BOARD OF CO[PNTY COlgiI$SIOI~i~ COLLIER COUNTY, F~RIDA T~ L. ~C~K, C~I~ DWIGHT g. BR~K, ~ BY: /s/Sue Barb~rett [, Deputy Clerk (S~) Iohn C. Nonis 'fimo~f L. Hancock, AICP Dist~t 2 Tim,Xhy I. ConsUntine Disl~ct 3 P~mela S. Mac'lGe District 4 Ib~rb~ra B. Be~ry 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 · F~x (941) 774-3602 T6A July 18, 1997 Re: Notice of Public Hearing re Petition AV-97-010 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 5, 1997, as indicated on the enclosed notice. The legal notice pertaining to the petition will be published in the Naples Daily News on Wednesday, July 23, 1997 and Wednesday, July 30, 1997. If you have any questions reGardinG this petition, please contact Mr. John Holdsworth (941) 403-2400. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Sue Barblrettl, Deputy Clerk Encl. sb July 18, 1997 Re: Notice of Public Hearing re Petition AV-97-010 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 5, 1997, as indicated on the enclosed notice. The legal notice pertaining to the petition will be published in the Naples Daily News on Wednesday, July 23, 1997 and Wednesday, July 30, 1997. If you have any questions regarding this petition, please contact Mr. John Holdsworth (941) 403-2400. You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Sue Barbiretti, Deputy Clerk Encl. sb July 18, 1997 Sandra Hesse Quail West Limited 6289 Burnham Road Naples, FL 34119 Re: Notice of Public Hearing to consider Petition AV-97-010 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, July 23, 1997 and Wednesday, July 30, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: W. Terry Cole July 18, 1997 Terry Cole Hole, Montes & Associates 715 10th Street South Naples, FL 34102 Re: Notice of Public HearinG to consider Petition AV-97-010 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Co~issioners on Tuesday, August 5, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, July 23, 1997 and Wednesday, July 30, 1997. You are invited to attend this public hearinG. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Quail West, Ltd. Nepte*~ FL 33940 Afftc~vJt of Pubt~c~tJon 1'6/ 1 BOARD OF CCXJHTY COegqZSSZOflER$ ATTN: HAHCY SALGGU~ PO BOX NAPLES FL 34101-30'16 REFERENCE: CXr1230 70CXrl2 C~y of Cottle~ OitLy H~s~ a ~tty n~s~r ~Lts~ at ~pLe~, tn Cottter C~ty, FLort~: t~t t~ attach~ c~ of the ~ertlsl~ m ~:t~ tn ~td Afftant furt~r ~s tMt t~ ~td ~[es DaiLy N~s ts a ~a~r ~L~a~ at ~le~, ~n ~td Cold,er C~ty~ Flort~, ~ tMt t~ ~td n~r ~ heretofore ~ ~t~zLy ~ltsh~ tn latd Coltter C~ty, FLort~, each CoLLier C~ty, Ftort~, for · ~rt~ of I year next prec~ the f~rst · ttac~ ~ of ~ertis~t; ~ .fft~t further aay~ t~t abe pr~tm~ ~y ~re~, ftro or mrmttm dtlc~t, r~te, ~tmttm or ref~ for the ~r~me of tecurt~ thtl ~ertit~t for ~b[~tt~ tn the ~td PUBLISHED AD SPACE: 39.000 INCH FXLEO 0~: 07/~0/97 Signature of Afft~t S~orn to ~ Subscribed I~for. mN ,h~._~__._ day of ~ 19~)~ Per~LLy EXECUTIV~ SU~RY RECOMMENDATION TO APPR(IVE FOR RECORDIN~ T~{E FINAL PLAT OF QUAIL WEST tr~IT ONE, REPLAT BLOCK B, A/TD APPROVE THE VACATION OF A PORTION OF THE PREVIOUSLY RECORDED PLAT OF QUAIL WEST UNIT ON-E, REPLAT, PETITION AV-97-010 OBJECTIVE: To approve for recording the final plat of "Quail West Unit One, Replat Block B", a subdivision of lands located in Section 7, Township 48 South, Range 26 East, Collier County, Florida, and approve the vacation of certain Special Preserve Easements as shown on the recorded plat of Quail West Unit One Replat. CONSIDERATION: The Board of County Commissioners.on October 2, 1992 approved the plat of Quail West Unit One, Replat Block B, with the stipulation that the plat not be recorded until the performance guaranty was posted. The required performance guaranty has now been provided. Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Quail West Unit One, Replat Block B". 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 Performance Bond. This would be in conformance with the County Land Development Code - Division 3.2.9. A resolution authorizing the acceptance of these re-platted lands, and authorizing the vacation of those certain Special preserve Easements is attached. This would be in conformance with Florida State Statute No. 177.101(2). Engineering Review Section recommends that the final plat of "Quail West Unit One, Replat ~lcck B" be approved for recordin~ and that a copy of the resolution be forwarded to the Clerk o~ Courts. FISCAL IMPACT: The fiscal impact to the County is none. The project cost is $184,276.70, borne by the daveloper. The Security amount, equal to 110% of the project cost, is-$18,427.67 to be Executive Summary Quail West Unit One, Replat Block B Page 2 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Date Thomas E. Kuck, P.E. Engineering Review Manager Date Donald W. Arnold Planning Services Director Date Vincent A. Cautero, ~trator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JRH/ew Date ..2 LOCATION MAP 16A 1 Pr esen4ng ar~l enhancing Florida's quafity o! I~fe since I ~ 5 HOLE, MONTES & ASSOCIATES, INC. Et,~il~/I-' E RS P1.AN~J ERS SURVEYORS DESCRIPTION OF VAC 2 HMA PROJECT # 87.24W REF. DWG. B-2056 MAY 8, 1997 SHEET 1 OF 2 A PARCEL OF LAND LOCATED IN TRACT F'5 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF LOT 24 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 62'06'36' E. ALONG THE NORTHERLY LINE OF SAID LOT 24 FOR A DISTANCE OF 41.23 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED AND A POINT ON A CIRCULAR CURVE CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S. 46'40'46' E. A D!STANCE OF 1005.00 FEET THEREFROMi THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A FUkDIUS OF 1005.00 FEET, THROUGH A CENTRAL ANGLE OF 01'23~3", SUBTENDED BY A CHORD OF 24.37 FEET AT A BEARING OF N. 44'00'55" E., FOR A DISTANCE OF 24.38 FEET TO THE END OF SAID CURVE; THENCE RUN N. 11°28'52' E. FOR A DISTANCE OF 33.46 FEET; THENCE RUN N. 00'18'10' E. FOR A DISTANCE OF 11.75 FEET; THENCE RUN N. 68°18'29" W. FOR A DISTANCE OF 9.67 FEET; THENCE RUN N. 88°51'10- W. FOR A DISTANCE OF 26.11 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 54°59'13" W. A DISTANCE OF 1815.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1815.00 FEET, THROUGH A CENTRAL ANGLE OF 07'41'16', SUBTENDED BY A CHORD OF 243.35 FEET AT A BEARING OF N. 38'51'25' W., FOR A DISTANCE OF 243.53 FEET TO THE END OF SAID CURVE; THENCE RUN S. 54'11'30' W. FOR A DISTANCE OF 40.30 FEET; THENCE RUN N. 42'58'31' W. FOR A DISTANCE OF 7.34 FEET; THENCE RUN N. 53'15'21' E. FOR A DISTANCE OF 70.42 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 47'08'53" W. A DISTANCE OF 1845.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1845.00 FEET, THROUGH A CENTRAL ANGLE OF 05°09'19". SUBTENDED BY A CHORD OF 165.95 FEET AT A BEARING OF S. 40'16'28' E., FOR A DISTANCE OF 166.01 FEET TO THE END OF SAID CURVE; THENCE RUN N. 56'08'36' E. FOR A DISTANCE OF 130.27 FEET; THENCE RUN S. 37'00'28' E. FOR A DISTANCE OF 30.05 FEET; THENCE RUN S. 56'08"36' W. FOR A DISTANCE OF 130.16 FEET; THENCE RUN S. 35'02'49' E. FOR A DISTANCE OF 110.53 FEET; THENCE RUN S. 15'34'59' W. FOR A DISTANCE OF 32.64 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S. 44°59'22- E. A DISTANCE OF 985.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 985.00 FEET, THROUGH A CENTRAL ANGLE OF 01°22'08', SUBTENDED BY A CHORD OF 23.53 FEET AT A BEARING OF S. 44'19'34' W., FOR A DISTANCE OF 2:~.53 FEET TO THE END OF SAID CURVE; THENCE RUN N. 62'06'35' W. FOR A DISTANCE OF 20.76 FEET TO THE POINT OF BEGINNING. CONTAINING 0.3077 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. HMA PROJECT # 87.24W REF. DWG. B-2056 MAY 8, 1997 SHEET 2 OF 2 BEARINGS REFER TO THE NORTHERLY LINE OF LOT 24 OF QUAIL WEST UNIT ONE, REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N. 62'06'36' W. 1 HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 P.L8.# 4175 STATE OF FLORIDA May 19,1997 To: Terry Cole - Hole, Montes & Associates Per your request via Telefax From: Linda Chapman Re: Block B - Item 5. 2. 3. 4. 5. 6. 7. 8. 9. PROPERTY OWNERS Lot 22 - Quail West, Ltd. - 6289 Burnham Road, Naples, FL 34119 Lot 23 - Shore Development - 10660 W. 143rd St., Orland Park, IL 60462 Lot 24 - Quail West, Ltd. - 6289 Burnham Road, Naples, FL 34119 Lot 25 - Edward & Monika Howard - 4189 Brynwood Drive, Naples, FL 34119 Lot 35 - Charles & Eloise Townsend - 4255 Silver Fox Dr., Naples, FL 34119 Lot 36 - John C. Bowden - P.O. Box 20727, Waco, Texas 76702 Lot 37 - Gilbert & Loretta Boutin - 4212 Brynwood Drive, Naples, FL 34119 Lot 38 - Earl & Rosemary St. John - 4228 Brynwood Drive, Naples, FL 34119 Lots AA8, AA9, A.A10 & AA11 - London Bay Construction - 889 111th Avenue North, Naples, FL 34108 Administration 6289 Burnham Road Naples. FL 33999 Phone: 941/597-63ll Fax: 941/592-1009 4 $ ~? 42 ~4 5G ?o ?! '72 ~. ^';T~,,,~,o ':/[ - 6 i99-r1' 6 A ~...: ~ ~~~ " .... , ~,~, A~ant · ~ Te .......... . .~ ~ Cole. P F ~.,_ ,, Lmgal De;c~p~on: See attached ~m~?r ~g';ect: Vacation of S~ecial .... ~~~~ .... _:_:~Jaz 'rre~erve ~asement · . ~~. - .... 7 Hereby AuthorLze Agent Above to ~cpresent Ma for thLm Petition: ,x ........ ~an~ra Hesse - as Authorized Agent Printed Tit I o-~ the list of supportive material, which must accompany this petition, and deliver or mail to: Co]liar County Project £ngineering ReVJev Services Of Community Development and Environmental Service6 Division Collier County Govarnmant Complex Napleg, Fla. 33962 Telephone: [941) 643-~471 HOLE, MOtlTES & ASSOCIATES, ENGIt~EERS Pt. At~N£RS SURVEYORS DESCRIPTION OF VAC 1 HMA PROJECT # 87.24W REF. DWG. B-2056 MAY 8, 1997 SHEET 1 OF 2 A PARCEL OF LAND LOCATED IN TRACT F-5 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHERLY CORNER OF TRACT F-5 OF QUAIL WEST UNIT ONE, REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 55°01'10- E. ALONG THE NORTHEASTERLY LINE OF SAID TRACT F-5 FOR A DISTANCE Of 40.99 FEET TO THE INT F INNIN OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 55'01'11' E. FOR A DISTANCE OF 203.96 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 45'34'23', SUBTENDED BY A CHORD OF 38.73 FEET AT A BEARING OF N. 77'48'22' W., FOR A DISTANCE OF 39.77 FEET TO THE END OF SAID CURVE; THENCE RUN N. 55'01'11' W. FOR A DISTANCE OF 140.86 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 43'48'26' E. A DISTANCE OF 180.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 85'23'20', SUBTENDED BY A CHORD OF 244.11 FEET AT A BEARING OF S. 03'29'54' W., FOR A DISTANCE OF 268.26 FEET TO THE END OF SAID CURVE; THENCE RUN N. 65'41'14" E. FOR A DISTANCE OF 154.92 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N. 01'55'49' W. A DISTANCE Oi- 50.00 FEET THEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 10'28'24', SUBTENDED BY A CHORD OF 9.13 FEET AT A BEARING OF N. 82'49'59" E., FOR A DISTANCE OF 9.14 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 49'00'21", SUBTENDED BY A CHORD OF 20.74 FEET AT A BEARING OF S. 77'54'03' E., FOR A DISTANCE OF 21.38 FEET TO A POINT OF COMPOUND CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1975,00 FEET, THROUGH A CENTRAL ANGLE OF 00'29'48', SUBTENDED BY A CHORD OF 17.12 FEET AT A BEARING OF S. 53'08'58' E., FOR A DISTANCE OF 17.12 FEET TO THE END OF SAID CURVE; THENCE RUN S. 65'41'14' W. FOR A DISTANCE OF 177.69 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N. 40'37'49' E. A DISTANCE OF 180.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 34'52'15', SUBTENDED BY A CHORD OF 107.87 FEET AT A BEARING OF S. 66'48'19' E., FOR A DISTANCE OF 109.55 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 37'42'37" W. A DISTANCE OF 1845.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1845.00 FEET, THROUGH A CENTRAL ANGLE OF 02'40'14', SUBTENDED BY A CHORD OF 85.98 FEET AT A BEARING OF S. 50'57'16' E., FOR A DISTANCE OF 85.99 FEET TO THE END OF SAID CURVE; THENCE RUN N. 57'08'22' E. FOR A DISTANCE OF 135.36 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 41'30'47' W. A DISTANCE OF 1975.00 FEET THEREFROM; THENCE RUN HMA PROJECT # 87.24W REF. DWG. B-2056 MAY 8, 1997 SHEET 2 OF 2 SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1975.00 FEET, THROUGH A CENTRAL ANGLE OF 00'54'06', SUBTENDED BY A CHORD OF 31.08 FEET AT A BEARING OF S. 48°02'09" E., FOR A DISTANCE OF 31.08 FEET TO THE END OF SAID CURVE; THENCE RUN S. 57'08'22" W. FOR A DISTANCE OF 134.74 FEET TO A POINT ON A CIRCUlaR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 41'21'04' W. A DISTANCE OF 1845.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 4845.00 FEET, THROUGH A CENTRAL ANGLE OF 05°19'41', SUBTENDED BY A CHORD OF 171.51 FEET AT A BEARING OF S. 45'59'05' E., FOR A DISTANCE OF 171.57 FEET TO THE END OF SAID CURVE; THENCE RUN S. 53°15'21" W. FOR A DISTANCE OF 31.77 FEET; THENCE RUN S. 65'38'41' W. FOR A DISTANCE OF 25.84 FEET; THENCE RUN N. 86'53'46" W. FOR A DISTANCE OF 20.61 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 45°48'32" W. A DISTANCE OF 1775.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAV1NG A RADIUS OF 1775.00 FEET, THROUGH A CENTRAL ANGLE OF 00°13'57', SUBTENDED BY A CHORD OF 7.20 FEET AT A BEARING OF N. 44'18'26" W., FOR A DISTANCE OF 7.20 FEET TO THE END OF SAID CURVE; THENCE RUN S. 76'14'47" E. FOR A DISTANCE OF 22.75 FEET; THENCE RUN N. 53'15'21" E. FOR A DISTANCE OF 28.11 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 46'18'19' W. A DISTANCE OF 1815.00 FEET THEREFROM; THENCE RUN NORTHVVESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1815.00 FEET, THROUGH A CENTRAL ANGLE OF 11'23'35', SUBTENDED BY A CHORD OF 360.31 FEET AT A BEARING OF N. 49'23'28' W., FOR A DISTANCE OF 360.91 FEET TO THE EHD OF SAID CURVE; THENCE RUN N. 75'27'01' W. FOR A DISTANCE OF 53.00 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS N. 49°16'07- E. A DISTANCE OF 210.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 210.00 FEET, THROUGH A CENTRAL ANGLE OF 89'29'09', SUBTENDED BY A CHORD OF 295.65 FEET AT A BEARING OF N. 04'00'42' E., FOR A DISTANCE OF 327.98 FEET TO THE END OF SAID CURVE AND THE ~GINNING_. CONTAINING 0.7199 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY LINE OF LOT 24 OF QUAIL WEST UNIT ONE, REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N. 62'06'36' W. HOLE, MOHT7_.S & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 ~~J~" "~- ~ P.L.S.# 4175 BY STEPHEN ~ . . STATE OF FLORIDA I 2 3 4 6 9 I0 RESOLUTION NO. 97~ 1 6 A RESOLUTION AUlT{ORIZING 77{E ACCEPTANCE OF QUAIL WEST UNIT ONE REPLAT BLOCK B, A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS QUAIL WEST UNIT ONE REPLAT, AND AUTHORIZING ~7{E VACATION OF A PORTION OF A PREVIOUSLY RECORDED PLAT OF QUAIL WEST UNIT ONE REPLAT ACCORDING TO THE ATTAC"HED LEGAL PESCRIPTION, PETITION AV-97-010 WHEREAS, the Board of County Commissioners of Collier County, II Florida, on June 23, 1993 approved the plat of Quail west Unit One 12 Replat for recording; and 13 14 WHEREAS, Quail West Limited is replatting Tract F-5 of Quail 15 West Unit One Replat and has filed for a replat of said lands; and 16 17 WHEREAS, except as provided for in this Resolution, this replat 18 does not extinguish or in anyway affect the dedications contained in 19 the previous plat of these lands; and 2o 21 WHEREAS, Quail West Limited desires to vacate a portion of the 22 previously recorded plat as described fn Exhibit A; and 23 24 W}{EREA$, this parcel, the approved plat of Quail West Unit One, 25 Replat Block B, is a part of a previously approved and recorded plat, 26 Quail West Unit One Replat, and the filing and recording of this 27 approved plat shall not affect access to 10ts previously conveyed 28 under the Quail West Unit One Replat plat. 29 30 NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF 31 COUNT'f COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the plat of 32 Quail West Unit One, Replat Block B, a part of a previously approved 33 and recorded plat, Quail West Unit One Replat, is hereby approved for ~ recording and the dedications contained on the plat of Quail West Unit 35 One, Replat Block B are hereby accepted, and those lands described in 36 Exhibit A are hereby vacated. Said vacation shall become effective 37 upon recordation of the subject plat. 38 39 BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the 40 Circuit Court shall make proper notation of this action upon the 4[ previous plat and record a certified co~y of thiu replat and a 42 certified copy of the vacation resolution in the Official Records of 43 Collier County. This Resolution adopted after motion, second and majority vote 46 favoring same. 49 DATED: ~0 ATTEST: 53 DWIGHT E. BROCK, Clerk 61 Approved as to form and legal 62 sufficiency: 65 ~6 Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CObT~Y, FLORIDA By: TIMOTHY L. HANCOCK Chairman RESOLUTION AU/7{ORIZING THE ACCEPTANCE OF QUAIL WEST UNIT ONE REPLAT BLOCK B, A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS QUAIL WEST UNIT ONE REPLAT, AND AUTHORIZING THE VACATION OF A PORTION OF A PREVIOUSLY RECORDED PLAT OF QUAIL WEST UNIT ONE REPLAT ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION AV-97-010 WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 23, 1993 approved the plat of Quail West Unit One Replat for recording; and WHEREAS, Quail West Limited is replatting Tract F-5 of Quail West Unit One Replat and has filed for a replat of said lands; and WHEREAS, except as provided for in this Resolution, this replat does not extinguish or in anyway affect the dedications contained in the previous plat of these lands; and WHEREAS, Quail West Limited desires to vacate a portion of the previously recorded plat as described in Exhibit A; and WHEREAS, this parcel, the approved plat of Quail West Unit One, Replat Block B, is a part of a previously approved and recorded plat, Quail West Unit One Replat, and the filing and recording of this approved plat shall not affect access to lots previously conveyed under the Quail West Unit One Replat plat. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOA_RD OF COUNTY COMMISSIONERS OF COLLIER COUNI'Y, FLORIDA, that the plat of Quail West Unit One, Replat Block B, a part of a previously approved and recorded plat, Quail West Unit One Replat, is hereby approved for recording and the dedications contained on the plat of Quail West Unit One, Replat Block B are hereby accepted, and those lands described in Exhibit A are hereby vacated. Said vacation shall become effective upon recordation of the subject plat. BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the Circuit Court shall make proper notation of this action upon the previous plat and record a certified copy of this replat and a certified copy of the vacation resolution in the Official Records of Collier County. This Resolution adopted after motion, second and majority vote favoring same. DATED: ¢4?///'/ ATTEST: DWIGHT E. BROCK,".Clerk BOARD OF COU1TTY COMMISSIONERS COLLIER COUNt, FLORIDA T fMOTHY/L .-- HANCO'C K Cha i rmah Approved as to form and legal suffi, ciency:_ Hef~i ~. Ashton Assistant Collier County Attorney 2212747 OR: 2336 PG: 2266 I1¢011)10 t1~ O~lq¢I.U, II¢OES o! COI. M]! COI~, 1% COMIS l.OO tern: $4.50 OR: 2336 PG: 02266A 4 9 ~ I C$ $4,50 OR: 2336 PG: 02266B HOLE, MONTES & ASSOCIATES, INC. EN(*tINE E RS PLANNERS SURVE YO~I$ DESCRIPTION OF VAC 1 A PARCEL OF L~ND LOCATED IN TRACT F-5 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH I0~ OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHERLY CORNER OF TRACT F-5 OF QUAIL WEST UNIT ONE, REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT ROOK 21 AT PAGES 84 THROUGH 106 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 55'01'10' E. ALONG THE NORTHEASTERLY LINE OF SAID TRACT F-5 FOR A DISTANCE OF 40.99 FEET TO THE ~JJ3~[_~_.~J~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 55'01'11' E. FOR A DISTANCE OF 203.g6 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 45'34~3', SUBTENDED BY A CHORD OF 38.73 FEET AT A BEARING OF N. 77'48~2' W., FOR A DISTANCE OF 39.77 FEET TO THE END OF SAID CURVE; THENCE RUN N. 55'01'11' W. FOR A DISTANCE OF 140.86 FEET TO A POINT ON A CIRCULA~ CURVE CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 43'48'26' E. A DISTANCE OF 180.00 FEET THEREFROM; THENCE RUN SOUTHVVESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 85'23'20", SUBTENDED BY A CHORD OF 244.11 FEET AT A BEARING OF S. 03'29'54' W., FOR A DISTANCE OF 268.26 FEET TO THE END OF SAID CURVE; THENCE RUN N. 65'41'14" E. FOR A DISTANCE OF 154.92 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N. 01'55'49' W. A DISTANCE OF 50.00 FEET THEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 10'28'24', SUBTENDED BY A CHORD OF 9.13 FEET AT A BF_A~ING OF N. 82'4g'59" E., FOR A DISTANCE OF 9.14 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A P~,DIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 49'00'21', SUBTENDED BY A CHORD OF 20.74 FEET AT A BEARING OF S. 77'54'03' E., FOR A DISTANCE OF 21.38 FEET TO A POINT OF COMPOUND CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1975.00 FEET, THROUGH A CENTRAL ANGLE OF 00'29'48', SUBTENDED BY A CHORD OF 17.12 FEET AT A BEARING OF S. 53'08'58' E., FOR A DISTANCE OF 17.12 FEET TO THE END OF SAID CURVE; THENCE RUN S. 65'41'14' W. FOR A DISTANCE OF 177.69 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N. 40'37'49' E. A DISTANCE OF 180.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 180.0(; FEET, THROUGH A CENTRAL ANGLE OF 34'52'15', SUBTENDED BY A CHORD OF 107.87 FEET AT A BEARING OF S. 66'48'19' E., FOR A DISTANCE OF 109.55 FEET TO A POINT ON A CIRCULAR CURVE[ CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 37'4F37" W. A DISTANCE OF 1845.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1845.00 FEET, THROUGH A CENTRAL ANGLE OF 02'40'14', SUBTENDED BY A CHORD OF 85.98 FEET AT A BEARING OF S. 50'57'16' E., FOR A DISTANCE OF 85.99 FEET TO THE END OF SAID CURVE; THENCE RUN N. 57'08'22' E. FOR A DISTANCE OF 135.36 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 41 '30'47' W. A DISTANCE OF 1975.00 FEET THEREFROM; THENCE RUN $4,50 OR: 2336 PG: 2266 C HMA PROJECT # 8724W REF. DWG. B-2056 MAY 8, 1997 SHEET 2 OF 2 SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1975.00 FEET, THROUGH A CENTRAL ANGLE OF 00'54'06', SUBTENDED BY A CHORD OF 31.08 FEET AT A BEARING OF S. 48'02'09' E., FOR A DISTANCE OF 31.08 FEET TO THE END OF SAID CURVE; THENCE RUN S. 57'08'22' W. FORA DISTANCE OF 134.74 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 41°21'04- W. A DISTANCE OF lS45.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1845.00 FEET, THROUGH A CENTRAL ANGLE OF 05'19'41 'o SUBTENDED BY A CHORD OF 171.51 FEET AT A BEARING OF S. 45'59'05' E., FOR A DISTANCE OF 171.57 FEET TO THE END OF SAID CURVE; THENCE RUN S. 53'15'21' W. FOR A DISTANCE OF 31.77 FEET; THENCE RUN S. 65'3~'41' W. FOR A DISTANCE OF 25.84 FEET; THENCE RUN N. 86'53'46' W. FOR A DISTANCE OF 20.61 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY. WHOSE RADIUS POINT BEARS S. 45'48'32' W. A DISTANCE OF 1775.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1775.00 FEET, THROUGH A CENTRAL ANGLE OF 00'13'57', SUBTENDED BY A CHORD OF 720 FEET AT A BEARING OF N. 44'18'26' W., FOR A DISTANCE OF 7.20 FEET TO THE END OF SAID CURVE; THENCE RUN S. 76'14'47' E. FOR A DISTANCE OF 22.75 FEET; THENCE RUN N. 53'15'21' E. FOR A DISTANCE OF 28.11 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 46'18'19' W. A DISTANCE OF 1815.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1815.00 FEET, THROUGH A CENTRAL ANGLE OF 11'23'35', SUBTENDED BY A CHORD OF 360.31 FEET AT A BEARING OF N. 49'23'28' W., FOR A DISTANCE OF 360.91 FEET TO THE END OF SAID CURVE; THENCE RUN N. 75'27'01' W. FOR A DISTANCE OF 53.00 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS N. 49'16'07" E. A DISTANCE OF 210.00 FEET THERE.FROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 210.00 FEET, THROUGH A CENTRAL ANGLE OF 89'29'09', SUBTENDED BY A CHORD OF 295.65 FEET AT A BEARING OF N. 04'00'42' E., FOR A DISTANCE OF 327.98 FEET TO THE END OF SAID CURVE AND THE ~. CONTAINING 0.7199 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY LINE OF LOT 24 OF QUAIL WEST UNIT ONE, REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N. 62'06'36' W. HOLE, MO,HTES .% ASSOCIATES, INC. CERTiFiCATE OF AUTHORIZATION LB #1772 BY ~ P.L.S.# 4175 STATE OF FLORIDA : '. $4.50 OR: 2336 PG: 02266D HOLE, MONTES & A~SOCIATE$, INC. ENGW£ERS PLANNERS SURVEYO~ DESCRIPTION OF VAC 2 HMA PROJECT # 87.24W REF. DWG. B-2056 MAY 8, 1997 SHEET 1 OF 2 A PARCEL OF LAND LOCATED IN TRACT F-5 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 108 OF THE PUBLJC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DE,SCRIB~ AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF LOT 24 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES ~4 THROUGH I0~ OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 62'08'3~' E. ALONG THE NORTHERLY LINE OF SAID LOT 24 FOR A DISTANCE OF 41.23 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED AND A POINT ON A CIRCULAR CURVE CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S. 4~'40'46' E. A DISTANCE OF 1005.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1005.00 FEET, THROUGH A CENTRAL ANGLE OF 01 '23~3', SUBTENDED BY A CHORD OF 24,37 FEET AT A BEARING OF N. 44'00'55' E., FOR A DISTANCE OF 24.3§ FEET TO THE END OF SAID CURVE; THENCE RUN N. 11 '28'52' E. FOR A DISTANCE OF 33.46 FEET; THENCE RUN N. 00'18'10' E. FOR A DISTANCE OF 11.75 FEET; THENCE RUN N. e~'18~9' W. FOR A DISTANCE OF g.87 FEET; THENCE RUN N. 88'51'10' W. FOR A DISTANCE OF 26.11 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 54'59'13' W, A DISTANCE OF 1815.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1815,00 FEET, THROUGH A CENTRAL ANGLE OF 07'41'16', SUBTENDED BY A CHORD OF 243.35 FEET AT A BEARING OF N, 38'51~5' W., FOR A DISTANCE OF 243.53 FEET TO THE END OF SAID CURVE; THENCE RUN S. 54'1 l~OO' W. FOR A DISTANCE OF 40.30 FEET; THENCE RUN N. 42'56'31' W. FOR A DISTANCE OF 7.34 FEET; THENCE RUN N. 53'15~1' E. FOR A DISTANCE OF 70.42 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 47'08'53' W. A DISTANCE OF 1845.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLy, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1845.00 FEET, THROUGH A CENTRAL ANGLE OF 05'09'1g', SUBTENDED BY A CHORD OF 1§5.g5 FEET AT A BEARING OF S. 40'16~8" E., FOR A DISTANCE OF 166.01 FEET TO THE END OF SAID CURVE; THENCE RUN N. 56'08~J~' E. FOR A DISTANCE OF 130.27 FEET; THENCE RUN S, 37'00'28' E. FOR A DISTANCE OF 30.05 FEET; THENCE RUN S. 56'08'36' W. FOR A DISTANCE OF 130.16 FEET; THENCE RUN S. 35'02'49' E. FOR A DISTANCE OF 110.53 FEET; THENCE RUN S. 15'34'59' W. FOR A DISTANCE OF 32.64 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S. 44'59'22' E. A DISTANCE OF 985.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 965.00 FEET, THROUGH A CENTRAL ANGLE OF 01'22'08', SUBTENDED BYA CHORD OF 23.53 FEET AT A BEARING OF S. 44'19'34' W., FOR A DISTANCE OF 23.53 FEET TO THE END OF SAID CURVE; THENCE RUN N. 62'06'35' W. FOR A DISTANCE O~= 20.76 FEET TO THE POINT OF BEGINNING. CONTAINING 0.3077 ACRES, MORE OH LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. $~.50 OR: 2336 PG: 02266E HMA PROJECT # 1~7.2.4W REF. DWG. B-2056 MAY 8, 1997 SHEET 2 OF 2 BEARINGS REFER TO TH~ NORTHERLY lINE OF LOT 24 OF QUAIL WEST UNIT ONE, REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBlIC RECORDS OF COUJER COUN'PF, FLORIDA, AS BEING N. 62'06'38" W. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 P.LS.# 4175 STATE OF FLORIDA 11:31 '[~1 941 262 3074 ROLE ~0NTES ~002 07/11/97 CONSTRUCTION AND MA/NTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMLrNTS enter~ into this L:z~' day of ~ 19~ between Quail West, Limited, hereinaf~ r~ferred to as '~Developer", and.~tt~e Board of County Commissionera of Collier County, Florida, herdnafler referred to as the '~Board". RECITALS A. Developer ha.s, simultaneously with the delivery of this Agreement, applied for the approval by thc Board ora certain plat ora subdivision to be known as: Quail We~t, Unit One, Re'plat Block B B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guzran~..e~ for the construction of the improw'ments required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the r~qui~ improvements. NOW, 'II-[ER.EFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed site improvements including roadways, drainage facilities, water and sewer facilifi~, street lighting and signage within 36 months fi'om thc date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $18,427.67 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. W:\1957~7024~,~70707.do~ In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfil', in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreem. mt. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period b7 the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. W:\ 1987x~7024\WTC'~ma~i70707.doc Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, thc County Administrator may call upon thc subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. Thc Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to p,:blic advertisement and receipt and acceptance of bids, thc improvements required herein. The Developer, as principal under lhe subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to thc Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representative this day day of 1997. W:\ 1987~87024\ WTCk:masi70707.doc 16A 1 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witnesses to: Quail West Limited, a Florida Limited Partnership ~of RSH OF NAPLES, INC., a Fl~frida Corporation, as authorized agent of QUAIL WEST, LTD., a Florida limited partnership. ~ ATTEST: '" ,' DwIGH'i' E. BROCK, CLERK ; .. '..~pproved as io. form and legal sufficiency: County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~mothy ~/~an-cock, Chairman W:\1987~87024\WTC'~crr~i70707.doc PERFORMANCE BOND KNOW ALL PERSON BY THESE PRESENTS: that Quail West, Ltd. 6289 Burnham Road Naples, Florida 34119 (hereinafter referred to as "Owner'`) and The Travelers Indemnity Company The Aetna Casualty & Surety Company P.O. Box 31967 Tampa, Florida 33631 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida (hereinafter referred to as "County'~ in the total aggregate sum of ..~_ighteen Thousand Four Hundred and Twenty-Seven and .67 Dollars ~7) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat nameo ~ Phase I Unit One Block B and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations'~. This obligation of the Surety_ shall commence on the date this Bond is executed and shall continue until the date of final acce~ the Board of County Commissioners of the specific improvements described in the Land Development Re--hereinafter the "Guaran~ NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the Guaranty Period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. 16A 1 Page 2 of 3 PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents '~hall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this ~ day of ~[~,~L._~, 1997. Print Name LTD. Print Name STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Sandra Hesse as Vice President of RSH of Na les Inc. Authorized A e.g~ ~, to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed same. Page 3 of 3 WITNESS my hand and official seal in the County and State last aforesaid this _~ day of ~, 1997. My Commission Expires: Personally Known ._~ Produced Identification ~ Type of Identification Produced WITNESS Print Name SURETY Brad A. I :avemeier, as Attorney in Fact, of The Aetna Casualty and Surety Company STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared _B_.rad Havemeier as attorn in fa of The Aetna Casualty. and Suret~ Corn ap_AD..y_ (Surety), to me known to be the person described in and who executed the foregoing instrument and he/she acknowledged before me that he/she executed same. ioWITNESS my hand and official seal in the County and State last aforesaid this m A Personally Known -/' ~ Produced Identification ~ Print or Type Commissioned Name Type of Identification Produced THE ,~'TNA C,XSUALTY ,AND SURETY COMPANY 1 6 A 1 Har~,~rd. Cnr~ec'.~cu~ 06;56 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY{S}-IN-FACT aooe, n,~. a,'~ dam ~ mete a,~e',ta make. ¢.m'~u~.ne k~ am~oim Jori N. Mac]:nnee , C]'tz'~s L. t~:Leland, Bead A. Havemeiez' ar Tole V. FLLha~'~o~'~ - - d~ ed danu~ ~s gZ ~11 ) C~ BANK OF BOSTON THE FIRST NATIONAL BANK OF BOSTON POST OFFICE BOX 1763 BOSTON, MASSACHUSETTS 02105 U.S.A. IRREVOCABLE ISTANDBY LETTER OF CREDIT 50061444 JANUARY 10, 1997 JANUARY 10, 199S/BOSTON, MA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, ~ COLLIER COUNTY COURTHOUSE COMlaLEX NAPLES, FL 33962 WCI COMMUNITIES LIMrrED PARTNERSHIP 801 LAUREL OAK DRIVE, SUITE S00 NAPLES, FL 34108 WE HEREBY ESTABLISH OUR IRR~-VOCABLE LETTER OF CREDIT 50061444 IN YOUR FAVOR FOR ACCOUNT OF WCI COMMUNITIES LIMITED PARTNERSHIP WHICH IS AVAILABL~ AGAINST PRr~IlNTATION OF YOUR DRAFT(S) DRAWN ON THE FIRST NATIONAL BANK OF BOSTON AT SIGHT UP TO AN AGGREGATE A, MOUNT OF US1~16,702.68 (SIX HUNDRED SIXTEEN THOUSAND SEVEN HUNDRED TWO AND 68/100 US DO~ AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY TH~ COUNTY MANA~ CERTIFYING: "WCI COMMUNITIF~ LIMTfED PARTNERSHIP HAS FAILED TO MEET OR COMPLETE THE REQUIREMENTS F(~R CONSTRUCTION OF IM~PROVEMENTS TO INCLUDE STREET LIGHTD/G, STORM DRAINAGE, ROADWAY/PARKING, POTABLE WATER AND SANITARY SEWER/'FORCEMAIN IN THE PROJECT KNOWN AS TARPON COVE. ?ERMIT #S/D 96-30 AND FP 96-49, OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY, PURSUANT TO COLLIER COUNTY ORDINANCE NO. 91-102, HAS NOT BEEN PERFORMED, AND A SATIb"FACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY TITE BENEFICIARY." EACH DRAFT DRAWN UNDKR THIS LETTER OF CREDIT MUST BEAR UPON IT FACE THE CLAUSE:" DRAWN UI~rDI:R IRREVOCABLE STANDBY LETI'ER OF CREDIT 500~1444 DATED JANIJARY I0, 1~7 OF THE FIRST NATIONAL BANK OF BOSTON, BOSTON, MA THIS LETI'ER OF CREDIT SL'TS FORTH IN lnjLL THE TERMS OF OUR UNDERTAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH TmR LETI'ER OF CREDIT RELATES, AND ANY SUCH RLVLRENCE SHALL NOT BE DEEM~.D TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR AGREEMENT. WE HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND ~N COMPLIANCE ~ ~ TERM5 OF TI~ ~ OF CRRDIT ~rILL BE DULY HONORED IF PRESENTED TO THE FIRST NATIONAL BANK OF BOSTON AT 150 FEDERAL STREET, 4TH n~OO~, BOSTON, MA OmO ON OR BZFORE JA~VUARY THIS CREDIT SH~I.I. BE VALID UNTIL JANUARY I0, 1998, AND SHALL THEREAFTER BE AUTOMATICALLY RENEWI3) FOR SUCCESSIVE ONE YEAR PERIODS ON THE ANNIVERSARY OF ITS ~ ~ AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVI~.RSARY DAT~ TH~ FIRST NATIONAL BANK OF BOSTON NOTIFIES BANK OF BOSTON THE FIRST NATIONAL BANK OF BOSTON POST OFFICE BOX 1763 BOSTON, MASSACHUSETTS 02105 U.S.A. 1642 .· PAGE 2, LETTER OF CREDIT NO. 50061444 BENEFICIARY IN WRITING BY REGISTERED MAI~COURII:R THAT THEY (THE FIRST NATIONAL BANK OF BOSTON) ELECT NOT TO RENEW THIS LETTER OF CREDIT. THIS LETTER OF CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500", OR REVISION CURRENCY IN EFFECT. KINDLY ADDRESS ALL CORRESI~ONDENCE REGARDING THIS LETTER OF CREDIT TO THE ATTENTION OF OUR LETTER OF CREDIT DEPARTMENT, AT 150 FEDERAL STREET, 4TH FLOOR, MAIL STOP 50-04-O1, BOSTON, MA 02110, MENTIONING OUR REFERENCE NUMBER AS INDICATED ABOVE. TELEPHONE INQUIRIES CAN BE MADE TO ,lANE WOODMAN AT (617)-4~4-8727. VERY TRULY YOURS, FIRST NATIONAL BANK OF BOSTON, BOSTON, MA AU~'HORIZED OI;'F~- ~ D~14~ .... 16A 3 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this ~'7"4' day of .~/.~'-a . , 1997, by ARI JOEL DEVELOPMENT, INC., a Florida corporation, (hereinafter "Developer"~, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and FIRST NATIONAL BANK OF NAPLES, a Florida banking corporation, (hereinafter "Lender"). RECITALS: Board ora Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the certain plat ora subdivision to be known as SAPPHIRE LAKES. UNIT 4A. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Avirom-Tolton & Assoc.. Inc., a copy of which is attached hereto and incorporated herein as Exhibit i. For purposes of this Agreement, the "Required Improvements" are ~imited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division ofthe Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated April 29. 1997. (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $155.854.60. and this amount represents I 10% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer,' the Board and the Lender do hereby covenant and agree as follows: I. Developer will cause the water, sewer, roads, drainage and like facilities, the Required improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 36 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $155.854.60 from the Construction Loan, in escrow, pursuant to the terms of this Agreement '3. Lender agrees to hold in escrow $1155.854.60 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon wrinen approval ofthe Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of thc work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $14.168.60 which shall remain in escrow as a Developer guaranty ofmaintenance of the Required Improvements for a minimum period ofone (1) year pursuant to Paragraph 10 of the Agreement. Oo 3 ttowcvcr, in the cvcnt that Dcveloper shall fail to comply with thc rcquiremcnts of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance oftbe funds held in escrow by the Lender. as of thc date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to bc signed by the Development Services Director to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this agreement; (b) Thc County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) Thc cscrow funds drawn down by thc County shall be used for construction of the Required Improvements, engineering, legal and contingcnt costs and expenses, and to offset any damages, either direct or consequential, which thc County may sustain on account of the failure of the Devcloper to can3' out and execute the above- mentioned development work; and. (d) The County will promptly repay to the Lender any Portion of thc funds drawn down and not expended in completion of thc said development work. 5. Written notice to the Lender by thc County specifying what amounts arc to be paid to thc Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Dcveloper oftbe amounts specified in a letter of authorization by thc County to the Lender shall constitute a release by the County and Developer of'the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Sewices Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the Funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. C ~Dtv~N~APJqIIR~'~IAIN4A ~ 16A ! 0. The Developer shall maintain all Required Improvement for one year after preliminary approval by the Development Services Director, After the one year maintenance period by the Developer and upon submission of a written reques~ for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of' the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. I I. All of the t~rms, covenants and conditions herein contained am and shall be binding upon the respective successors and assigns of the Developer and the Lender. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this z~~'r'4 day of ~,f 19~.?. / SIGNED, SEALED AND DELIVERED IN TI r S NCE OF: /?. Printed or Ty~d Name / / . App~owd ~ to 'fo.'and legal sufficiency: ~odn~ Xttomey ARI JOEL DEVELOPMENT, INC. a Florida corporation By: ~ //./x./// : Ja(~agar. President Printed or Typed Name FIRST NATIONAL BANK OF NAPLES, C. William Root. Senior Vice President Printed or Typed Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: /' / "~Ch'airm~n- C ~D ¥~'~ APPHI R.E',.~ A IN 4 A V/PO COST ESTIMATES FOR SAPPHIRE LAKES - UNIT 4A SEWER Manholes 6'-8' Manholes 8'-10' Manholes 8'-10' (drop) Manholes 10'-12' 8" SDR 35 pipe for drop 8" SDR 35 6'-8' cut 8" SDR 35 8'-10' cut 8" SDR 35 10'-12' cut Connection to existing Double services Single services 8" x 6" wyes 6" clean outs 6" SDR 35 WATER Tie into existing 10" C-900 8" C-900 Fire hydrant w/g.v. 10" g.v. 8" g.v. Misc. fittings 6" C-900 3" SCH 40 PVC Sleeves Sample points DRAINAGE NIdMBER UNIT PRICB EXTENSION I $ 1,200 ea. 2 $ 1,600 ea. 1 $ 1,700 ea. 4 $ 1,800 ea. 7 l.f. $125/I.f. 65 l.f. $ 16fl.f. 500 i.f. $ 22/I.f. 308 l.f. $ 32/1.f. I $ 1,500 ea. 9 $ 275 ea. I $ 225 ea. 10 $ 75 ea. I0 $ 250 ea. 415 I.f. $ 9fl.f. Subtotal 2 $ 75 ea. 425 $ 12/1.f. 827 $ 10/l.f. 1 $ 1,500 ea. I $ 600 ea. 2 $ 400 ea. $ 3,400 l.s. 10 $ 8/1.f. 300 $ 7/]. f. 3 $ 150 ea. Subtotal Catch basins 8 $ 1,200 ea. 24" headwall I $ 1,200 ea. Manholes 2 $ 1,400 ea. 15" RCP 141 $ 15fl.f. 18" RCP 481 $ 19/1.f. 24" RCP 283 $ 28/1.f. 18"PRB I $ 200 ea. $ 1,200 $ 3,2O0 $ 1,700 $ 7,200 $ 875 $ 1,040 $11,000 $ 9,856 $ 1,500 $ 2,475 $ 225 $ 750 $ 2,500 $ 3,735 $46,506 $ 1,500 $ 5,100 $ 8,270 $ 1,500 $ 600 $ 800 $ 3,400 $ 80 $ 2,100 $ 450 $23,800 S 9,6oo $ 1,200 $ 2,800 $ 2,115 $ 9,139 $ 7,924 $ 200 Subtotal $32,978 16.4 PAVING, SIDEWALKS, SIGNS 8: PAVEMENT MARKING 24" Va[l~ gutter 2,225 l.f. 8" Limerock ba.~ w/prime 2,366 s.y. I 1/2' asphalt - 2 lira 2,366 s.y. Stop bar and sign and speed limit sign $ 5/1. f. $11,125 $ 5.50/s.y. $13,013 $ 4.00/s.y. $ 9,464 $ 1,000/l.s. $ 1,000 Subtotal $34,602 $ 3,800 Total for Unit 4A $141,686 RESTORATION OF VEGETATION 4 UIT AIM DEED This QUITCLAIM DEED made this ~ ~'( day of /~. a ,1997 by the Board of County Commissioners of Collier County, Florida, a.vthe Governing Board of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, a political Subdivision of the State of Florida, as GRANTEE and Procacci Brothers Sales Corporation, a Pennslyvania Corporation, it's successors and assigns, GRANTOR. WITNESSETH That the GRANTEE for and in consideration of the sum often dollars ($10.00) and other valuable consideration to it in hand paid by the GRANTEE, receipt of which is hereby acknowledged, hereby remises, release~, and quitclaims unto GRANTOR forever, all right, title, interest, claim, and demand which the said GRANTEE has in that certain portion ora drainage easement interest in, of and about the following described lands being located in Collier County, Florida, to-wit: That Temporary Drainage Easement as recorded in O.R. Book 1971, Page 1196 through 1198 of the public records of Collier County, Florida, and more particularly described in (Exhibit "A' attached hereto and incorporated herein by reference) IN WITNESS WHEREOF, the GRANTEE has caused these presents to be executed in it's name by the Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Timothy/H"andoc~ Ch-airman By: ATTEST: DWIGHT E. BROCK, Clerk This instrument was prepared ~ Heidi F. Ashton Assistant County Attorney 3301 Tamiami Trail East Naples, FL. 34112 COASTAL ENGINEERING CONSULTANTS ~NC. OO1971 0R B00K ~ '001197 16A " PAGE j .'.:-:~* 01~: 2338 ?G: 0~,29!..~?* Englne~s * ~clenlists * Surve,~rs · I:~onc~rs · ~oise~s VILLAGE WALK · PROPOSED TEMPORARY DRAINAGE EASEMENT DESCRIPTION A strip of land lying in the northeast quarter of Section 6, Township 49 South, Range 26 East, Collier County, Florida being more particularly described as follows: Beginning at the intersection of the north line of said Section 6 with the westerly right-of- way line of 1-75 (State Road No. 93) as the same is shown on the State of Florida Department of Transportation Right-Of-Way map for State Road No. 93 (i-75) Collier County, Florida, Section 03175-2403, Sheet 1 run along said right-of-way line 236.44 feet along the arc of a curve concave to the southwest having a radius of 7477.44 feet, a central angle of 01'~48'42" and a chord of 236.43 feet bearing S08'~54'47"E; thence leaving said line N89°55'26'W 988.97 feet; thence S72~04'14"W 170.05 feet; thence S45°00'00"W 179.58 feet; thence S06°19'37"W 499.06 feet; thence S00°00'00"E 353.03 feet; thence Ng0°00'00"W 45.00 feet; thence N00°00'00"E 890.48 feet; thence N45°00'00"E 245.09 feet; thence N72004'14"E 339.33 feet; thence S89°55'26"E 487.97 feet; thence N13°21'37"E 96.09 feet to an intersection with the north line of said Section 6; thence along said line S89°55'26"E 334.78 feet to the POINT OF BEGINNING. The above describes an area of approximately 263,205 square feet or 6.04 acres of land. Subject to easements, restrictions and reservations of record. COASTAL ENGINEERING CONSULTANTS, INC. 3106 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 33942 (813) 643-2324 .. · Richard J. Ewlng ~ .... .:. Professional Land Surveyor : : ...... . ~. ~.... ,:::: .. Florida Certificate No. 5295 ' ~-" ' ~ ..- :,, ..' ::, t ' NOT VALID UNLESS SIGNED · ~ .,. ~;.~ ~-.' .. C.E.C. FILE NO. SUR\DESC\VIN~;'/~.D'~ .,., ,...t. ,;'::,: ~.'. i';-. ' VILLAGE\93325.TEM\WP · "~" % "~ ' · .4' .E..'.'.' ::. DATE. · . · ,.,, .- · . - - .,,:...',' ..". '.. · , ~..;:t;...~,. ,.; ...... .. ;.-! .,..: '...j.' ...... : .;'! Z".:t ..'~ ,, ,.~..~ : · ' .'.';., .:: ..~ F "..,.. 3106 S. HORSESHOE DR. · NAPLES, FLORIDA33942 · (813)643-2324 * FAX (813)643-1143 .-,, . ~, .~ , RESOLUTION NO. 97- 307 16A 6 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN VILLAGE WALK PHASE ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on August ?, 1994 approved the plat of Village Walk Phase One for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code ('Collier County Ordinance No. 91-102. as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-I 7. and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recomme'~ding acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sorer improvements in Village Walk Phase One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept thc future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROC~K, CLERK Approved as to form and legal suH~ciency: Heidi F. Ashton Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTI--)~ L. HANCOCK, CHAIRMAN RESOLU ON NO. 97- ! 6 7 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN VILLAGE WALK PHASE TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 7, 1995 approved the plat of Village Walk Phase Two for recording; and WHEREAS, thc developer has constructed and maintained thc roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-I02, as amendedi; and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-I 7, and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Village Walk Phase Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. ATTEST: , DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA T~'M OTH/Y/L .~f-I AN ~ OC K, CHAIRMAN Approved as to form and legal sufficiency: He~i-F~. A~hton ' Assistant Collier County Attorney B ~ENT THIS AGREEMENT, made and entered into on this ~ -/day of ~, 1997, by and between M. Jean Rawson, P. A., hereinafter called the "Contra~tor', and Collier County a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the 'County": 1. .COMME~..This Agreement shall commence on the date of award by the Board of County Commissioners. The initial agreement period shall be for one year from the date of commencement. The County Administrator or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up one hundred, eighty (180) calendar days. The County Administrator, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than thirty (30) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF OR . The Contractor shall provide legal services for the second or 'B" Collier County Code Enforcement Board and Nuisance Abatement Boards which shall include, but not be limited to the terms, conditio'~s and Scope of Services of RFP #97-2650 and the Contractor's proposal hereto attached and made an integral part of this Agreement. Procedures, methods and logistics associated with the provision of services under this Agreement shall be subject to the authority and direction of the Code Enforcement Department Director of Collier County, Florida. AGREEMENT SUM AND ~. A. The County shall pay the Contractor for the performance of this Agreement, a maximum annual fee of Twelve Thousand Dollars ($12,000). Subject to Subsection C below, the fee shall be paid by the County in twelve (12) equal monthly installments, and shall cover all services provided by the Contractor for ail regular and special meetings of the Code Enforcement and Nuisance Abatement Boards, as well as any other provided services that are within the Scope of Services of RFP #97-2650. B. Payment for services rendered shall be made by the County to the Contractor within 30 days of receipt of a proper invoice. All invoices for basic services provided as a part of the annual fee shall first include the date of attendance at all regularly scheduled meetings for the prior month. 16A 8 Contractor agrees that if the Contractor is unable to provide services during any regularly scheduled or special meeting of he Code Enforcement and Nuisance Abatement Boards due to a conflict of interest, Contractor will not be paid for that month. In this regard, the County and the Contractor shall endeavor to review each proposed meeting agenda in advance so as to schedule matters raising a conflict in a single month(s) during the term of this Agreement. By the same token, if a meeting is canceled due to lack of a quorum or other reason outside of the control of the Contractor (other than a conflict of interest), then the Contractor shall still receive its monthly installment. All invoices shall contain, as a minimum, the following information: 1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and 3) The description of sen/iceS and the time period in which billable services were rendered. Ail payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Section 218.70, Florida Statutes, otherwise known as 'The Florida P. rompt Payment Act". 4. _NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following address: M. Jean Rawson, P. A. 1250 North Tamiami Trail, Suite 302 Naples, Florida 34102 Ail notices from the Contractor to the County shall be deemed duly sen/ed if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail General Services Building Naples, Flodda 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. Ail notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Page 2 of 5 Contractor as an agent of the County. It is hereby stated to be the ex~ed ir~nt of the padies that under this Agreement, Contractor shall act exclusively as an independent Contractor rendering professional services for the County and not as an employee of the County. Contractor shall be solely respons~le for the payment of all applicable taxes for compensation paid to Contractor by County pursuant to this Agreement. Contractor shall not be eligible for, nor participate in any fringe benefits from the County. PERMITS: LICENSES: TAXES: The Contractor agrees to obtain and pay for all permits and licenses necessary for the conduct of its business, and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply With all rules, regulations and laws of ColT~er County, the State of Florida, or the U.S. Government now in force or hereafter adopted. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the C~unty or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fa~l to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected Io the satisfaction of the County. DEFAULT AND~. Either party may terminate this Agreement for convenience with a minimum of sixty (60) days written notice to the other party. The parties shall deal with each other in good faith dudng the sixty (60) day period after any notice of intent to terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cal~se, upon written notice to the Contractor. The County shall be sole judge of non-performance. AGREEMENT RIOD AND REN A . This Agreement shall be effective for a period of one year from date of commencement. The County reserves the right, with the consent of the Contractor, to renew this Agreement on an annual basis for a second and third agreement period(s). 10. NO D___~ISCRIMINATIO___~N: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. Page 3 of 5 · IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by a authorized person or agent, hereunder set their hands and seals on the date and year first above written. A'r-rEST: ...Dwlgh't E. Brock, Clerk of Courts .(Seal) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:~ Timoth~pE.'-Hancock, Chairman Contractor First Witness ' /~ignature Type/Print Witness Name Type(Priht Witness Name ~ Rawson Typed Signature Att me /Sh r h Ider __ Title 8 Approved as to form and legal sufficiency: Page 5 of 5 16A COLLIER COUNTY GOVERNMENT General Services Buildin~ 8 Purchasing Department 3301 E. Tarnlami Trail Naples, Florida 34112 Telephone: 941/774-89425 FA~'~ 941F/93~795 A CERTIFIED BLUE CHIP COMMUNITY ADDENDUM DATE: TO: FROM: RE: Ivlarch 27, 1997 Prospective Proposers Laura Celedonia, Buyer II Addendum #1 - RFP #97-2650 -~Independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards" Addendum #1 covers the following change for the above-referenced Request for Proposal. Please amend the original bid document accordingly. [] Delete [] Add [] Replace [] Correct the telephone number given for Mr. Vince Cautero on the Cover Page and also on Page 8 to read 941/643-8385. If you require additional information, please contact me at 774-8425. cc: Vince Cautero, Community Development Administrator Linda Sullivan, Code Enforcement Director COLLIER COUNTY GOVERNMENT 8 PURCHASING DEPARTMENT TO: FROM: SUB: Prospective Proposers GENERAL SERVICES BLDG. 330t E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 (94 l) 774-$42,5 FAX (941) 793-379.~ Laura Celedonia, Buyer II RFP #97-2650 - 'Independent Legal Counsel for the Code Enforcement and Nuisance Abatement Boards" DATE: March 21, 1997 Pursuant to action initiated by the Board of County Commissioners on November 5, 1996, the Community Development Department desires to receive proposals from qualified and experienced legal firms for the above-referenced proposal. Please refer to the Public Notice contained in the enclosed proposal package for the time and date of the closing of this Request for Proposals. If you have any immediate questions regarding the Request for Proposal, you may contact Mr. Vince Cautero, CommunE,/Development Administrator at 941/643-8407. If you have any procedural questions, you may contact me at 774-8425. We look forward to your padicipation in this process. cc: Vince Cautero, Community Development Administrator Linda Sullivan, Code Enforcement Director 'Independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards' 16A 8 Table of Contents Page Number Invitation for Proposals ............. 1 Legal Notice ............. 3 Non-proposer's Response ............. 4 Instructions to Proposers ............. 5 -8 Scope of Services ............. 10 Evaluation & Selection Procedures ............. 11 Insurance Requirements 12 Proposers Qualification Form 13-14 Proposer~s Check List 15 Proposal Form 16 :'.. . e ues~ForPro osMs 97-2G'~0 PUBLIC NOTICE OF REQUEST FOR PROPOSALS 'independent Legal Counsel for the Code Enforcement & .., Nuisance Abatement Boards" 8 Pursuant to actlon by the Board of County Commissioners On November 5, 1996 for a second or 'B" Code Enforcement Board, Sealed Proposals for Independent Legal Counsel for the Code Enforcement and Nuisance Abatement Boards will be received until 3:00 p.m. on Friday, April 25, 1997 at the Purchasing Department, General Services Building, Collier County Government Complex, Naples, Florida 33962. All proposals shall be made upon the enclosed forms requesting pertinent Information whlch will be used by the County in maklng Its evaluation of the proposals. All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal specifications. Collier County does not discriminate based on age, race, color, sex, religion, national orlgln, dlsabllity or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Stephen Y. Carnell, CSM Purchasing/General Services Director Public Notice was posted in the Lobby of General Services Building. Collier County Government Complex. on 3,e21/97, · . , ESCFor r o ~! 97-:2650 Pa c~_~__ NON-PROPOSER'S RESPONSE 8 'Independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards" FOr purposes of faclllt~tlng your firm's response to our RFP invitation, we are Interested In ascert~Inlng reasons for prospective Proposer's failure to respond to RFP Invitations. If your firm Is not responding to this RFP, please Indicate the reason(s) by checking any appropriate Items(s) listed below and return this form to Collier County Purchasing Department, County Government Center, General Ser-~Ices Building, Naples, Florida 34112. we are not responding to this RFP Invitation for the following reason(s): __ Services requested are not provided by our firm; Our services do not meet the Scope of Services: Circle one - Scope of Services were: Not clearly understood, Not applicable, Too vague, Too rigid, or __; Insufficient time allowed for preparation of RFP; Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: Mailing Address: City, State, ZiP: Phone ( ) By: FAX Signature of Representative Name Typed or printed · e uest For Pro o$;11! 7-2650 '~ndependent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards" 16A 8 INSTRUCTIONS TO PROPOSERS Any firm who ls a recipient of County funds, or who proposes to perform any work or furnish any goods under this bid shall not discriminate against any worker, employee or applicant or any member of the public because of age, religion, race, sex, color or national origin, nor otherwise commit an unfair employment practice. The Proposer shall be solely responsible to parties with whom It shall deal In carrying out the terms of this agreement and shall defend, hold harmless, and Indemnify the County against all claims of whatever nature by third parties. ROP SA UBMI I : Four (4) sets of the proposal must be provided, with the oriq~nal clearlv marked.' submitted In sealed envelopes with the RFP Number, Title, and due date clearly stated on the envelope. All proposals, Including qualifications and other data pertinent to maklng an objective evaluation of your firm's capabilities must be forwarded to the Purchasing Department, Collier County Government Center, 3301 East Tamlaml Trail, General Services Building, Naples, Florida 34112 on or before 3:00 P.M., Collier County Time on Friday, April 2S, 1997 Any proposals received after the time and date specified will not be considered. ~: Each Proposer must submit the Proposal Form Included In this Request for Proposal. ~: Only one proposal from a legal entity will be considered. If it ls found that a Proposer Is Interested In more than one proposal, all proposals In which such a Proposer Is Interested will be rejected. ALIFI I F : Each Proposer must complete and submit the Quallficatlon form Included In this Request for Proposal. Prospectlve Proposers shall disclose any record of pending lawsuits, criminal violations and/or convictions and professional discipline. I NAT RE OF ROP E : The Proposer must sign the proposal In the spaces provided for signatures. If the Proposer is an Individual, the words 'Sole Owner' shall appear after his signature. If the Proposer Is a partnership, the word 'Partner' shall appear after the signature of one of the partners. If the Proposer Is a corporation, the signature required is the Officer, Officers or Individual duly authorized by Its by-laws or the Board of Directors to bind the corporation with official corporate seal affixed thereto. ['e u oF r ~o os31s ?-~ 'Independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards" 8 INSTRUCTIONS TO PROPOSERS (Continued) NTERP ET TI N F P D E I ATION OF PROJECT: Each Proposer shall thoroughly examine the Proposal Documents, and Judge for himself all matters relating to the location and the character of the services he agrees to perform. If the Proposer should be of the opinion thai: the meaning of any part of the Proposal Document is doubtful, obscure or contains errors or omissions, he should report such opinion or opinions to the Purchasing Director. Neither the County Administrator or his staff shaft be responsible for oral Interpretation given either by himself or members of his staff. The Issuance of a written addendum shall be the only official method whereby such Interpretation will be given. _PROTECTION OF RIGHTS OF COUNTY: The County reserves the right to include in any contract document such terms and conditions as It deems necessary for the proper protection of the rights of Collier County. ~AWARD OF CONTRACT: Award of contract shall be made to the attorneys/firm that submit the best overall proposal based on the requirements, stand,.~rds and criteria establlshed within the Request for Proposal as well as upon the stated ability to deliver services In a cost effective manner as reflected In the proposed annual fee. The County reserves the right to award contracts to multiple attorneys/firms where It deems such award to be necessary or appropriate. Award shall be made by the Board of County Commissioners. The County reserves the right to waive any mlnor irregularities In any proposal, to reject any or all proposals, to rmsollclt for proposals, If deslred, and upon recommendation and Justification, to accept the proposal(s) which, In the judgment of the County, Is deemed the most advantageous for the publlc and Collier County. Any proposal which Is Incomplete, condltlonal, obscure or which contains Irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful Proposer, or hls refusal to enter Into contract, the County reserves the right to accept the proposal of any other Proposer or to re-solicit other proposals using the same or revised documentatlon. · uestFor Pro osals 97- 6 0 'Independent Legal Counsel For the Code EnForcement & Nuisance Abatement Boards" 8 INSTRUCTIONS TO PROPOSERS (Continued) E T R C DUR : Any actual or prospective respondent to a Request for Proposal who Is aggrieved shall file a written protest with the Purchasing Director Prior to the accepbance of Proposals. All such protests must be filed wlth the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised acceptance date for the Request for Proposals. Award of contracts will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of Intent to protest with the Purchasing Director within [v~o (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given Instructions as to the form and content requirements of the formal protest_ A copy of the 'Protest Policy" Is available at the office of the Purchasing Director. AYMENT F IN I E RV D I B ALE ST : The County wlll make payment Co the Contractor on a monthly basis for services rendered. Payment will be processed within thirty (30) days of receipt of a proper invoice. In determining whether a proper Invoice has been submitted, the CountY shall consider, but not be limited to use the following criteria. 1. The proper name of payee as It appears in the contract; 2. The date of the Invoice; 3. The description of services, and the time period In which billable services were rendered. Cost reimbursement shall ~ot be permitted for the followlng: a. travel wlthln the confines of Collier CountY; b. travel per diem within the confines of Collier County; c. postage; d. long distance toll charges; e. copying costs; f. secrebarlal or paralegal expenses; g. wrltten memoranda to Board; h. document delivery costs. 4. All fees and costs correctly Itemized In unit and extended form and submitted In the manner prescribed; 5. The requirements of Section 218.70, F.S., otherwise known as 'The Florida Prompt Payment Act'. "independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards" 16A 8 INSTRUCTIONS TO PROPOSERS (Continued) NT~ RENEWAl.: The CounLy shall enter Into contract with the successful Proposer for a period of one year from the date of the award by the Board of County Commissioners. The County, at its discretion, shall have the option to renew this contract following the above initial term, for a second and third contract period respectlvely. Such renewal shall be under the same terms and conditions. If any change In conditions is negotlated, said renewal will be upon approval by the Board of County Commissioners and shall be completed thirty (30) days prior to the termination of each contract period. IN~: Should the attorney/firm be found to have failed to perform his services in a manner satisfactory to the County per the requirements of the contract, the County may terminate the contract immediately for cause; further the County may terminate the contract for convenience with a seven (Ti clay written notice. The County shall be sole Judge of non-performance. ~: All firms are hereby placed on ~ that the Board of County Commissioners does not wish to be lobbied ... either individually or collectively ... about a project for which a firm has submlL'ted a Proposal. Firms and their agent5 are not to contact members of the County Commission for such purposes as meeting or Introduction, luncheons, dinners, etc. During the process, _~rom ~ ~ no firm or their agent shall contact any other employee of Collier County In reference to this Proposal, with the exception of the Purchasing Director. Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. DDITI NAL INF RMATO : Other than minor procedural mallets, questions regarding this proposal must be In writing and subml~ed to: Mr. Vincent Cautero Community Development & Environmental Services Administrator 2800 North Horseshoe Drive Naples, Florida 34104 Telephone: 941/643-8407 Written questions must be received no later than ten (10J Collier County work days r~ ~0 Proposal closing date. Should any questions or responses require revisions to the Request for Proposal as originally published, such revisions will be by formal amendment only. qndependent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards" 16A 8 SCOPE OFSERVICES The County desires to enter into contract wlth licensed practicing attorneys/firms for the provision of legal counsel. Said servlces would be performed for a second Code Enforcement Board and Nuisance Abatement Board· The Intent of the County Is to obtain competent legal representation In a cost-effective manner for each Board. Admission to practice law In the State of Florida by Florida Supreme Court/Florida Bar Association Membership is ~ for the Proposer. Anyone not so qualified shall be rejected as non- qualified. Proposers shall submit an offer for the services shown, provided that the proposal Is ccmplete, Includlng the submission of a proposed flat annual fee. No proposed annual fee In excess of S18,000 shall be considered and any such proposed fee shall be cause for rejection of the proposal. The fee tendered In the Proposer's office sha[I be considered firm and fixed. The annual fee shall be paid by the County In twelve (12) equal monthly Installments. The selected attorney/firm will provide legal services for the Collier County Code Enforcement and Nuisance Abatement Boards established pursuant to Collier County Ordlnance 92-80 as amended. Services shall Include, but not be limited to the following. 1. Represent the Code Enforcement Board and Nuisance Abatement Boards at hearings Including: · Revlewof case files; · Familiarity with and knowledge of appropriate ordinances for the respective Boards Including 92-80 as amended; · Prepare Board orders (including, but not limited to, Judgment directed to respondent, served by certified mali), contact with County Attorney's Office and Code Enforcement staff regarding administrative and/or procedural matters associated with the Code Enforcement Board. 2. Attend hearings for Boards; the Code Enforcement Board conducts regularly scheduled monthly meetings, the Nuisance Abatement Board meets when necessary. The estimated number of cases is I~20 annually; 3. Prepare necessary documents In advance of meeting; 4. Prepare and obtain signatures (Chairman, etc.) and distribute orders Issued by Boards (within 10 days of action); 5. Review of ordinances, amendments, fine reductions, liens and other matters; 6. Advise Board on legal Issues which arise during hearings. For ~o · Independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards" SCOPE OF SERVICES (Continued) 8 Selected a~orney/flrm shall not have a conflict In representation. Should such a conflict occur, the attorney shall advise the County and the Board of any conflict in representation. In this regard, no attorney/firm may ever represent a person or entity In a ma~cer before the Board If that aL~orney/firm Is also counsel for the Board In question. Likewise, a Board attorney/firm may not represent the Interests of an Individual Board Member during the period the attorney/firm serves as counsel to the Board. Other potential conflict sltuatlons shall be resolved on a case-by-case basis. In Instances where the attorney/firm must recuse himself/l~self, the a~orney/firm will not be paid for that month. If a meeting Is canceled due to lack of quorum or other ~eason outside of the conb-ol of the a~corney/firm ¢other than a conflict of Interes~J, then the a~corney/firm shall ~III receive I~s monthly Installment. For the Proposer's Information, following Is a list of the current board members for the Code Enforcement Boards, North and South. The existing Board is the 'North' Board, with the dividing line being Golden Gate Parkway. Please refer to the a~tached map. The 'South" Board will cover the area south of Golden Gate Parkway, Including Golden Gate City. CODE ENFORCEMENT BOARD MEMBERs: Jim Allen Charles M. Andrew~ Cella Delfll( Mlreya Louvlere Richard McCormick Fred Mueller George Ponte Guy P. Adams Lynn Bradeen Maurlce Dlvlto James E. Levlnskl Randy E. Merrill Rona E. Saunders Diane Taylor Alternates: Linda Gdffln Louis LaForet Alternates: Robert K. Lockhart Louis P. Osley AL'torneys/flrms should be familiar with Chapters 119 and 162 F.S. and County ordinances. Experience with quasi-Judicial boards or proceedings, other governmen~l entitles and/or other administrative proceedings Is required. Current resumes mus~ be Included for individuals that are assigned to the subsequent contract. .. .. r o I 7- 'Independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards~ 16A 8 N R E · Proposals will be reviewed ranked on the basis of the following criteria. by a selection committee and Qualifications of Firm Qualifications of individuals assigned to contract 40 40 Fee Proposal Total Possible Points: Subsequent to Initial review of the proposals received, the Selection Committee will evaluate the proposals, based on the above-stated criteria, and reserves the right to schedule Interviews with any of the Proposers. The Selectlon Commlttee will review all proposals submitted and pre-qualify the Proposers using the criteria set forth above. Upon the selectlon of the top three proposals for each Board, the Selection Committee will forward ranking recommendations to the Board of County Commissioners to be placed on the Board's agenda for final ranklng and award. Upon Instructions from the Board, the Selection Committee shall begin contract preparation with the selected firms. If the negotiations with the number one ranked Proposers fail, the Selection Committee will negotiate with the next ranked firm. This process will continue until a Proposer Is selected and a Contract Is entered Into. · · uesC FGrPro os31~ 97- 650 'Independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards" 16A 8 INSUPJ~NCE REQUIREMENTS LIABILITY INSURANCE: The Proposer must agree that It shall be solely responsible to parties with whom tt shall deal In carrylng out the terms of the contract and shall defend, hold harmless, and Indemnify the County against all claims by third parties arlslng from the willful misconduct, negligent acts, errors, or omissions of the Proposer. The Proposer shall carry Lawyer's Professional Liability insurance in an amount not less than S500,0OO.00. ~FICATION: The Proposer shall protect, defend, Indemnify, and hold Collier County and Its officers, employees, and agents harmless from and against any and all I~sses, penalties, damages, professional fees, Including attorney fees and all costs of litigation and Judgments aHslng out of any willful misconduct or negllgen: act, error or omission of the Proposer, its Subconsultants, Subcontractors, agents or employees, arising out of or Incidental to the performance of this Agreement or work performed thereunder, Including any claim(s) brought against the County, its officers, employees, or agents by any employee of the named Proposer, any Subconsulbants, Subcontractors, or anyone directly or Indirectly employed by any of them. The Proposer's obligation under this provlslon shall not be limited in any way by the agreed-upon total contract fee specified In this Agreement or the Proposer's limit of, or lack of, sufficient Insurance protection. The parties agree that one percent (1%) of the total compensation to the Proposer for performance of services authorized by this Agreement Is specific consideration for the Proposer's lndemnificaHon of County. 'Independent Legal Counsel for the Code enforcement & llUJl, PROPOSERS QUALIFICATION FORM FIRM NAME: ~,A,c,~,~n ~ ~u~n~: ~.~. r.~,~, Address: 1~ ~. T~.~ ~,~t. ~,. Telephone: (..~) ~-~,7 FAX Numb.: ~PE OF FIRM: .. x Corporatlon~ears In Business: Pa~nershlp~ears in Business: . ~ Sole Proprleto~hlp~ea~ In Business: - OFFICERS/PARTNERS OR OWNERS & EXPERIENCE: Name Ti~;le H. Jean Rawson Shareholder Year Admitted tO Florida Bar 1988 Licensed Attorneys: ,. Paralegal/Legal Asslstants: Legal Secretaries: Other Personnel: -- - OTHER INFORMATION: Have any judgments, criminal convictions, and/or professional disciplines been Imposed against your firm or any of Its principles/partners~associates? [-I Yes Are there any claims, lawsuits, criminal vlolatrons or disciplinary actlons pending against your firm, principles/partners/associates at the present time? [] Yes Has any principle/partner/associate of the firm ever had his/her record expunged for any reason? [] Yes If 'yes' to any of the above, please explaln. E] NO [] No [] No .. Re u For ro $~rs 7- S 'Independent Legal Counsel for the Code Enforcement & ~[ 6 A 8 Nuisance Abatement Boards- PROPOSERS QUALIFICATION FORM (Continued) In the space provided below, please Identify the ~ ~ who will be rendering services under this agreement, their respective titles and a brief summary of their role (what: they will be doing) and whether their role will be primary fprovJding servl-~'~ directly1 or secondary (providing supporl: to primary provider). Please aLT. ach resumes for all legal professionals Identified below NAME ~A BAR ] TITLE/POSITION ~. Jean Raison 750311 Attorney/Shareholder PROPOSED ROLE ------------ PrLmary Primary Contact person for this agreement: Jean Raison Print or Type Clearly Pursuant to Information for prospective Proposers for the above-mentionS- proposed project, the undersigned is submitting the Information as required with the understanding that It Is only to assist in determining the qualifications of the organization to perform the type and magnitude of work Intended, and further, guarantee the truth and accuracy of all statements hereln made. We wlll accept Your determination of qualification without prejudice. Name of Organization: By: Title: Attested By: Title: Date: · o als 7- 'independent Legal Counsel for the Code Enforcement & Nuisance Abatement Boards- THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department 16A 8 PROPOSERS CHECKLIST J~~: Please read carefully, sign In the spaces Indicated and return With your Proposal. Proposer should check off each of the following Items as the necessary action is completed: ~'1'. The Proposal has been signed; ~2. Any addendum have been signed and included; ~,--3. The mailing envelope has been addressed to · Collier Countypurchaslng Director · c/o Board of CountyCommissloners · Collier County Government Center · GeneralServices Bulldlng · 3301 East TamlamlTra[I · Naples, Florida 34112 The mailing envelope rnu~ be ~ and I]]~_C_[~Q with · Proposal Number; · Proposal Title; · Due Date. ~ The Proposal will be mailed or delivered In time to be received no later than the specified due ~ ~J.~[_t,[EP_~. (Otherwise Proposal cannot: be considered.) ALL COURIER-DELIVERED PROPOSALS/RFP MUST HAVE THE PROPOSAL/R_.F..~ ~ ~ ~ ON THE ~ OF THE COURIER PACKET Company Name: Signature & Title: Date: ~ Attorney/Shareholder CONTRACT PROPOSAL BOARD OF COUNTY COMMISSIONERS Collier County C'overnment Cent:er Naples, Florld~l 33962 Dear Commissioners: The undersigned, as Proposer, hereby declares tha~ he has examined ~he Scope of Services, and Informed himself fully in regard to all condiUons pertaining to the work to be Performed pursuant to the development of ~hls proposal. The Proposer further declares ~hal: ~he only persons, company or parties interested In this Proposal or the Contract to be entered Into as Principals are named herein; that t:hJs Proposal Is made without connection with any other person, company or companies making a Proposal; and I~ Is In all respects fair and In good faith, with out collusion or fraud. The service to be furnished by us is hereby declared and guaranteed ~o be in conformance with ~he scope of servlces. Annual Fee for Services: The undersigned do agree that should this proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within ten (10) days after being notified of the awarding of the contract. The undersigned do further agree that failure to execute and deliver said forms of contract within ten (10) days will result In damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this s day of ~-~_____.__, 1997 In the County of.~, In the s~te of F[ortd-~--- 'lrm s Complete Legal Name Checl( one of the following: Sole Proprietorship [] Corporation or Limited Partnership [] GeneraI Partnershlp Phone No. 263-8357 _FAX No. 263-044.5 Address: ~ city, state, zip ~ BY: ~~'~~ [.,/ Written Signature Typed Name Title: 2214951 OR: 2338 ?G: 0941 II/U/S7 i~ O~:B~ Dw~ I. UOCL CLJ~ IIC FII H.O0 ~C-.?O .70 FEE SIMPLE DEED Luannc B. Hcndcrson, hcrcinaflcr callcd Ihe Gramor. lo Collier County. a political ~ of the S(atc of Florida, whea~ post office address is 3301 E. Tamiami Trail. Naples. Florida 34112, hcrcirtafler called the Grdnlee (wherever tram herein the Icrms "Grantor" and 'Gramee" inclocie all the patties to this instrumcn! and the be/rs, Icsal rcprescmatWes and assigns of individuals, and thc succermar3 and as$i$ns of corporations). WITNESSETH: Thai the sum of $ I 0.00 and o~her valuable conskJerafions, receipt whereof is her~ acknowledged, hereby grants, bargaina, sellr,, aliens, rcm/scs, releases and transfers unto the Grantee, all that certain land situate in Collier County, Florida. v/z: Sce attached Exlu'bit Grantor warrants that the subject property is not htr homc~ead and is vacant unimprcr,,cd prope~.. TOGETHER with all thc tcncmcnu, hercdiraments and app~flcnancea Iherao bclong/n$ or in an)w/se appertain/n& TO NAVE AND TO HOLD. the same in fee simple, subjccl Io the follow/ng conditions subsequent: I. Construction oCafl/mal control I'acilitiea on the above-described prcmisea must commence w/thin ~ years and six months from the date of Ibis deed. Ifconstruction of such fadlitiea is not commenced w/thin such period Of time. the 8~rafllor mains the fight to re..cnter the prtmisea and Icrminate the fee simple ownership of the grantee. 2. The coflslruction ofaflJrnal control facilities on the premises mus~ he completed within five years from the date of'Ibis deed. If construaion of the animal control facilities is not completed within the aforesaid period of time, Ihe grantor retains Ihe right to re- cnter the premises and terminate the fee simple ownership of the $'antee. 3. Thc pr 'm/ses shall he used for animal control purposes after the facilities have bcen constm~ed for a period ofat leasl five years after the date of'the (iced. Signed, sealed and dcliverod in the pix'scnce of: Luanne B. Hcnderson letl: lit 1991 Ill/Il Wi}ness Signature Typed Name Typed Name OR: 2338 STATE OF ~' co~Y or C,I/, 4, I HEREBY CERTIFY thaf on Ibis day before ~~~~ to ~SS ~ ~ ~ ~l ~l in I~ C~n~ a~ State l~ I~7. (SEAL) Typed Name:. My Comm. issio. Nm'nber is: PG: 0942 EXHIBIT 'A' *** OR: 2338 PG: 0943 *** 16C2 ~s "..~.o=4-~.l.- ¢t} o~ .~ru~.~: .................................. ' ' X/W, ~/ng ~j~ ~ eas~n~s,.' rei~A~Aons :~tA~ og ~m, reoorde4 ~n O~loAal ~, ~4~e ~, .inoLuwiye, c°l~Ae~ C~ntM,~o~a. O~ ~he ~%la ~dm o~ Sub,eot to res~Lcti~w ~ ~le~ntl O~n tO ~e:O. o .aP~tmn~ces ~re~ .~-,~ ur ~n ~se.a~ertatntnq. 2214952 OR' 2338 PG: V~ OI/l)/)? ~t Oki)AM ~IG~ I, )~OC~, C~l~I .o,,., 1 6 C 2 Iltll! Of IICI FEE SIMPLE DEED Luanne B. FIende~o~ her~ina~er (:ailed the Grmnlor. ~o Collier Co~mty, a polific~] sutxiivision oftl~ State of Florida, who~ po~ ot~ce ~ is 3301 E. Tan~ami Trail. Naples, Florida 34112, he'r~ called the Gran~e (whcrcv~r usod herein the terms "Grantor" and 'Grant~' include all the parfi~ to ~ instrument and the heirs, legal ~tives and assigns of ivxtividttaJs, and the succeu, o~ and assigns of corporations). WTIl~SSETH: That the Grantor, for and in cormideradon of the sum orS10.00 and other valuable considerations, t~ipt whereof is hereby acknowledged, hercby grants, bargains, gilt, ~ ~n~ses, retcases and tran~ers unto thc Grantee, all Llxat cer~n land s~tuate in Collier County, Florida, vi~ See attached ExJu'bit 'A" Grantor warrants that the subject property is not l~r homestead and is vacant unimproved property. TOG~ w(th all b%c tenements, herecfitaments and appmlctxances thereto belonging or in anywise al:q)crtainJng. TO HAVE AND TO HOLD, thc same in fee simple, subject to the I'olIowing conditions 1. ~ of animal control facilities on the abovc-~scn'bed premises must commence within t~o yea~ and six months from tl~ ~te of this deed. If construction of s~ch facilities ie not commenced witch such period of time., the granlor ret~ns the right to re-enter the premises and lermlnat¢ the fee simple owner~ip of the g.w~ee. 2. The conm'action of animal control facilities on the pre~is~ must be complet~ within frv~ yeav~ from the date of this creed. If construction oft.he animal control f~cilitJes is not completed within the aforc~d period of Umw, the grantor retains the right to re.. cnasr thc premises and tcr~nat¢ the fcc simple ~p of the ~rantce. constructed for a period of at least fi~ years at~, the date of the dced. Lmnn~ B. Iqend~r~on ~ Sig~ed, sealed and dclivex'ed in the pre~'nce of: Witness SiS~at't~c / I~, v/' ~- ' ~ N~ T~ ~ Rh:hm~n, D~4flk, .4~ Lanlm', P.K., 24,4Q OGkhfl O4t~ p.a~.w~y. 8u#e 204, N~p4es, i~. 33~42 OR: 2338 PG: 0945 STATE OF NEW-Y-QR~ COUN3T OF ~ WTTNESS mY h~nd and o~c~ scal in the Oxmty and State tut ~oresaJd Otis ~ da7 of Jun~ 1997. . I602 Florida Bat No. 393770 Napl~, FL 34105 Tclepboue: (941) 434-7700 ' ,1' :,orne.~ OR: 2338 ?G: 0946 16C2 EXHIBIT ,., .' . .: .,. ,, .. ..'..? &.,.; . Beat. I of the ~o~the~Jt j of the No=thw~lt t of the · ~e~.~y, ~lo:Ada, /ess ~e Xo~ 75' feet, reoord~ .in Off~cial '~rd ~k ~ Page in~lulivl, ~viml~ or eo~nt~, ~d real' Ilta~ ~xe8 for ~o · yoa~"..I98~ ~d ail o~s~ent yo~s, ~aring P~rty -a~~cef ~o~ hl~iw or h ~lmo appertaining. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE AUGUST 5, 1997 . ON A D TED: A. Fiddler's Creek Community Development District - April 23, 1997. Co County Government Productivity Committee - July 16, June 16, May 21, April 16, March 9, February 19, and January 15, 1997. Referred to BCC. lmmokalee Beautification M.S.T.U. Advisory Committee - June I 8, 1997 and agenda for august 20, 1997. Referred to BCC. Environmental Policy Technical Advisory Board agenda for July 14, 1997. Referred to BCC. Historical/Archaeological Preservation Board - July I 8, 1997 agenda. Referred to BCC. ED Golden Gate Beautification Advisory Committee. June I 0, 1997 and agenda for July 8, 1997. Referred to BCC. Fo Ho Lely Gold Estate~ Beautification Advisory Committee. June 13, 1997 and agenda for August 8, 1997. Referred to BCC. Isle of Capri Fire & Rescue District -June 12, May I, April 4, March 6, Febnmry 6, and January 9, 1997. Referred to BCC. Tourist Development Council Minutes - February 3, January 20, January 13, 1997. Referred to BCC. The Beach Renourishment/Maintenance Committee - June 5, 1997 and agenda for June 26, 1997. Referred to BCC. Collier County Planning Commission - June 5, 1997 and agenda for July 17, 1997. Referred to BCC. Ko Pelican Bay MSTBU Advisory Committee - agenda for July 16, 1997. Referred to BCC. AGENDA ITEM NO.~ AU$-51997 1 Pathway Advisory Committee ofMPO - agenda - July 18, 1997. Lake Trafford Restoration Task Force - June 20, April I 8, March 26, February 14, 1997, December 13, October I 1, August 16, June 28, and May 31, 1996. Referred to BCC. Contractor's Licensing Board - June 25, June ! 6, April 16, May 2 l, March 17, February 21 and January 15 1997 and agenda for July 16, 1997. Referred to BCC. Technical Advisory Committee/Citizens Advisory Committee (TAC/CAC) of MPO - May 21, 1997 and agenda for June 25, 1997. Referred to BCC. Area Agency on Aging for Southwest Florida, Inc. - Quarterly monitoring of HCE fiscal records - May 27 report and June 12, 1997 report. Referred to BCC. Health Planning Council of Southwest Florida, Inc. - Quarterly Report of Program Activities District 8/Quarter Ending June 30, 1997. Referred to BCC. AGENDA iTEM NO.~ AU6 - 5 1997 Gar9 L. Moger, P.A. Land Develogment o Managemen! Consultanl 166 1 Date: Memorandum To: June 27, 1997 I0300 Northwest Eleventh Manor Coral Springs, Florida 33071 · (954) 753-0380 Clerk of the Circuit Court - Finance Dept. c/o Timothy J. Gillett 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112-3016 Mr. Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg, Second Floor Naples, Florida 34112 AC?IGS: FILE: STAFF FILE: ----------.- Reference: From: Minutes of Meeting held April 23, 1997 Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Bo~d of Supervisors of Fiddler's Creek Community Development District as referenced above. GLM/nk Enc. Eisc. C0rrcs: Cop~es To: 1~~ OF ~G FIDDLER~J CHEEK COMMUNITY DEVELO~ D~CT The regular meeting of the Board of Superv/sors of Fiddler's Creek Community Development District was held on Wednesday, April 23, 1997 at 10:10 A.M. at the Northern Trust Bank Building, 4001 Tamiami Trail North, 4th Floor, Larson Room, Naples, Florida. Present and constituting a quorum were: Larry Mullins Clifford (Chip) Olson Arthur Woodward Paul PAegelhaupt Grady Minor A~so present were: Chairman Vice Chairman Assistant Secretary Assistant Seci'e tary Assistant Secretary James Ward Tony Pires Terry Cole Assistant District Manager Attorney Engineer Mark Strain Gulf Bay Communities FIRSI' ORDER OF BUSINESS Roil Call Mr. Mullins called the meeting to order and stated the record will reflect that all Supervisors are present. SECOND ORDER OF BUSINESS Approval of the Minutes of the January 8, 1997 Meeting Mr. Mullins stated that each Superv/sor had received a copy of the minutes of the January 8, 1997 meeting and requested any additions, corrections or deletions. THIRD ORDEROFBUSINESS Agreement with the Coil/er County Property A~ and Tax Collector for Collection of the Non Ad Valorem Special Assessments Mr. Ward asked did all of you receive a copy of this Agreement in your agenda package? April 23, 1997 available in your general accounts for investments, not what is included in your bond accounts as those are generally directed by your Trustee Pursuant to a very specific set of Criteria. Those procedures are set forth in Chapter 218.415, Sections 1 through 14. In the Statute prior to 1995, there was a provision in Chapter 218.415 (15) which indicated that you could utilize Certificates of Deposits, Federal Treasury Notes or Treasury Obligations or the State Pooled Account for your General Fund investments. That is called the alternative procedure under the Statute. The Resolution that I have prepared for you indicates that in lieu of establishing this written guideline that is set forth in Sections I through 14 of Chapter 218.415, we are going to continue to utilize the alternative procedure set forth in the Statute. What does that mean for Fiddler's Creek? Frankly at this point, absolutely nothing. We do not have any monies in surplus for investment purposes. Sometime down the road or when you start levying assessments, you may have surplus monies but generally speaking, it is a statutory requirement that I go through this and explain this to you. For Districts that I have that have large investment pools, we have created a set of written guidelines that parallels the national standards for investment guidelines for the Financial Officers Associations. For this District, I do not think it is necessary at this point. The Resolution that we prepared for you utilizes that alternative mechanism and is recommended for your consideration. Mr. Mullins asked are there any comments or questions for Mr. Ward? Mr. Woodward responded we have no money so why worry about it. ~ ORDER OF BUSINESS Stafl'Peports A. Atto~ Mr. Pires stated at the [asr Board meeting, I adv/sed the Board that I had submitted to the U.S. Department of Justice the voting fights section in your request for a pre-clearance under the Voting Rights Act. Collier County is still operating under the Voting Rights Act. Although, there is some dispute as to whether or not a C.D.D. falls within the purview of that act, out of an abundance of caution, a pre-clearance request was filed with the Justice Department in AprLl 2~, 1997 December. In February, the Justice Department sent their letter stating they did not interpose any objection to the specified change. We have met the pre- clearance requirements for the Voting Rights Act. That is just one of the steps that we had to go through. Mr. Mullins asked is our territory subject to any invasion threat from Everglades City? Mr. Pires responded not that I am aware of. I think they have other issues to focus on. Mr. Olson stated you talked about at the last meeting about putting together a schedule of contracts with exhibits. Are we going to get that? Mr. Pires responded I put together those booklets for the next Board meeting. I have them in my office. I put together one booklet which I will have available for the Board to circulate. Mr. Mullins asked is that acceptable? Mr. Olson responded yes. Mr. Cole stated I brought the site plan along to Kive you an update of' where we are in the construct/on process. We have recorded the plat of' Phs ~e lA which is the main project entrance just past the Guard House. We are getting ready to record the plat for what is going to be known as Phase lB, Unit 1 which is going to extend from the end of the Phase IA plat to the intersection of' Fiddler's Creek Parkway and Mulberry Lane. Gulf Bay is in the process of also platting two residential parcels. There is also a site development plan called Whisper Trace that is currently under construction. In the future, we are going to be platting Mulberry Lane from Fiddler's Creek Parkway up to Championship Drive. Later on, we are going to be platting Championship Drive and the rest of' Fiddler's Creek Parkway to Marriott Club Drive. Ail of the areas that I just referenced, encompasses what is known as Phase lB. We are going to platting them in segments, Unit 1, Unit 2, Unit 3, etc. Construction is proceeding along at a quick pace and a lot of the lakes are under construction. Most of the infrastructure is in as far as underground utilities. The paving is in for Fiddler's Creek Parkway along most of this area and within the next couple of months it will be totally completed with landscaping, etc. up to the limits of' what w/ll be Phase lB, Unit 1. We are doing some work in these other areas but that is just what is going to be in the first platted area. Mr. Pires responded it is not part of the C.D.D. Mr. Strain stated it is just a future section of land that we added for future development but it is not part of this current C.D.D. At some future time, we are going to decide on how best to evolve. Mr. Woodward stated I have driven by there and it is looking nice. Mr. Mullins asked do you still have the Port-Au-Prince people out front? Mr. Cole responded periodically. Mr. Strain stated construction is continuing on budget and on schedule. It is the most difficult job that I have ever experienced to get things done on because it is so wet and muddy. It has been a very difficult process to get through. Mr. Mullins stated but to go out there and look at it, you look like you were dealing with farm land. Mr. Strain stated it looks great. As long as it looks great to everybody that is the best we can otTer. C. Manager There not being any, the next item followed. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There not being any, the next item followed. SEVENTH ORDER OF BUSINESS Approval of Funding Requests 8, 9, I0 andll Mr. Minor stated I have Funding Request No's. 8, 9 and 10 in my March Agenda Package and Funding Request No. 11 that just came in the mail. Mr. Ward, who reviews your bills? I never see itemized bills. Is it Mr. Randy White at Gull' Bay? Mr. Ward responded no. He is actually one of my employees. Our fees are a fixed fee contract and we just bill on a percentage of the fixed fee. I sent them to Mr. DiNardo's office at Gulf Bay for his review. them. Mr. 01son stated so they do not show up here unless Mr. DiNardo reviews Mr. Ward stated that is correct. Mr. Olson asked are you asking for reimbursement for six filing cabinets? Mr. Ward responded no, just one. I know it says six but it is for one. The only reason I know that is because that was brought up in another District. Wednesday April 23, 1997 10:00 A.M. 1 6G"l AGENDA FIDDLER'S CREEK COMMUNI'I~ DEVELOPMENT DISTRICT Northern Trust Bank Building 4001 Tamiami Trail North 4~ Floor - Larson Room Naples, Florida 33940 2. Approval oft. he Minutes oft. he January 8, 1997 Meeting 3. Consideration of Agreement with the Collier County Property Appraiser and Tax Collector for Collection of the Non Ad Valorem Special Assessments 4. Consideration of'Resolution 97-3 Adopting an Investment Policy 5. StaffReportz A. Attorney B. Engineer C. Manager 6. Superv/sor% Requests and Audience Conunents 7. .Approval of Fund/rig Requests 8, 9, 10, and 11 8. Adjournment HESOLUTION 9741 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUi~tITY DEVELOPMENT DISTRICT, ADOPTING INVESTMENT POLICY FOR THE DISTRICT AS PROVIDED IN SECTION 218.415 (15), FLORIDA STATUTES (1995). WHEREAS, in direct response to the investment crisis in Orange County, California, and other reported investment losses by some local governments in Florida, the Florida Legislature passed CS/SB2090 (codified in Section 218.15, Florida Statutes, (1995)); and WHEREAS, Section 218.415, Florida Statutes (1995) creates supplemental provisions that update existing stat~ statutes requdring, in part, that wr/tten investment policies be adopted by the local government on or before October 1, 1995, or in addition to or in lieu of establisMng a written investment, to elect to proceed under Subsection (15) of Section 218.415 which sets forth alternative investment guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE BOA.RD SUPERVISORS OF THE FIDDLER'S CHEEK COMMUNITY DEVELOPblENT DISTRI~ 1. At this time, the District elects to proceed under the Alternative Investment Gu/delines set forth in Section 218.415(15), Florida Statutes (1995), in lieu of establishing a written investment plan as set forth in Section 218.415(1) - (14), Florida Statutes (1995). 2. This Resolution shall become effective immediately upon passage. Adopted by the Board of Superv/sors of the Fiddler's Creek Community Development District, Collier County, Florida, the 23rd day of April, 1997. James P. Ward Secretary Larry Mt~h~s Chairman.) ATTORNEYS-AT-LAW CRAIG R. WOODWARD. MARK j. WOODWARD A~THo~¥ ~,. ~'tRr_.s, J- CIIRtSToPH£R RUS~EL bi. LAZEGA Or February 21, 1997 Ms. Mary Morgan Supervisor'of Elections =301 Tamiami Trail East Naples, Florida 34112 Dear Ms. Morgan: Enclosed is a copy of a letter dated February 11, 1997 from the U.S. Department of Justice, Civil Rights Division, Voting Section wherein the Attorney General indicated that it does not interpose any objection to the creation of the Fiddler,s Creek Community Development District. me. If you have any questions, please do not hesitate to contact APP:slw Enclosure as noted. Sincerely, WOOD~LOMBARDO, Anth~~res, Jr. PLEASE RESPOND TO: NAPLES 606 BALD EAGLE DR., SUITE 500, P.O. BOX I, MARCO ISLAND, FLORIDA 34146 (941) 394-$161 FAX (941) 642-6.102 PELICAN BAY 801 LAUREL OAK DR., SUITE 640, NAPLES, FLORIDA .34105 (941) 566-3131 FAX (941) 566-3161 IKP:DH~:KIF:tlb DJ 166-012-3 96-4530 February 11, 1997 Anthony p. Pires, Jr., Esq. Woodward, Pires & Lombardo P. 0.. Box 1 Marco Island, Florida 34146 Dear Mr. Pires: Development District in Collier County, Florida, hubmitted'to the This refers to the creation of the Fiddler's Creek Community Attorney General pursuant to Section S of the' Voting Rights Act, 42 U.S.C. 1973c. We received your submission on December 19, 1996; .supplemental information was received.on January 8, 1997. The Attorney General does not interpose any objection to ' the specified change.. However, we note that Section'S expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to'enjoin the enforcement of the change.. See the Procedures for the Administ~ation of Section 5 (28 c.F.R. Sincerely, Isabelle Katz Pinzler Actin~Assistant Attorney General /Vil Rights Division · . Elizabeth Johnson Chief, Voting Section 168 1 Z 16({ 16G 1 16G 1 16G I 16fi 1 166 1 16G I Fiddler's Creek Commun~ent District January 24, 1997 16G Gulf Bay Communities 4001 Tamiami Trail North Suite 350 Naples, FI. 33940 Aitention: Anthony DINardo Sublect:. Fidc~er's Creek Community Development District Fund Request Dear Mr. DINardo The current funding requirement for the FIddler's Creek Community Development District is necessary to pay the following. Pay Request #8 Statutory Annual Special District Fees Fy96/97 $175.00 ~hJ3 12/96 Long Distance Faxes $5.50 #000459 Postage/Copies/Rent/Office SuppLies $300.67 1/97 Rent $200.00 2/97 Managment Fees $2,750.00,~r' #4-018-43946 12/12 Service $15.50 # 1349994 1/8 Meeting Notice $63.00 i 1/96 Representation $3,814.10 12/96 Representation $3,880.49 1/8 Meeting All 5 Brd. Members Attended Q $200 $1,000.00 ~ Charges $19.85 Additional Funding $500.00 FIDDLER'8 CREEK COMMU1YITY D~i/~LOPMENT DISTRICT 10300 N.W. 11th Manor Corsl Springs, Iq. 33071 Accordingly. it would be appropriate for Gulf Bay Communities to fund these Rems at your earliest convenience. Thank you for your attention to this matter and If you have any questions, please let me know. In the meantime. I remain. Yours sincerely, Randy White Director of Accounting FMdler's Creek Commun[~ent District February 25. 1997 Gull' Bay Communities 4001 Tamiarni Trail North Suite 350 Naples, Fl, 33940 Attention: Anthony DINardo Subject:. fiddler's Creek Community Development District Fund Request Dear Mr. DINardo The current funding requirement for the Fiddler's Creek Community Development District is necessary to pay the following. In' 'olce #4-042-99440 Invoice #4-048-73203 Invoice #4-062-11896 Invoice #4-055-04856 January '97 Computer Services February '97 Computer Services February '97 Rent March '97 Management Fees Reimbursement for Fedex Invoice #F5 1/97 Long Distance Fax Services Pay Request #9 $15.50 $15.50 $15.50 $31.00 $400.00 $400.00 $200.00 $2.750.00 S32.25 $19.00 Total Request: $3,878.75 FIDDLER'8 CREEK COMMIINITY DEVELOPMENT DISTRICT 10300 N.W. llth Manor Coral Springs, Fl. 33071 Accordingly, it would be appropriate for Gulf Bay Communities to fund these items at your earliest convenience. Thank you for your attenUon to this matter and If you have any quesUons, please let me know. In the meanUme, I remain, Yours sincerely, Randolph G. White Director of Accounting Flddle~s Creek ~omrnun~~ent Dist~ct March 10. 1997 166 Gulf Bay Communities 4001 Tamlaml Trail North Suite 350 Naples, Fl. 33940 Altention: Anthony DiNardo Subject:. fiddler's Creek Community Development D~trkt Fund Reque~ The current funding requirement for the Fiddler's Creek Community Development District is necessary to pay the following. Invoice #4-076-30879 M4 2/97 Long Distance Fax Services 2/26 Meeting Notice Statement #6 1/97 Representation 3/97 Rent 3/97 Computer Service 2/97 Postage Charges Pay Request # I0 $15.81 $4.00 g~3.00 $3,197.69 $200.00 $19.28 1 To t.~l Request: $3.89'i).78 FIDDLER'S CR~I~K CO~ DEVELOPMENT DISTRICT 10300 N.W. 1 lth M~nor Cor~l Springs, Fl. 33071 Accordingly, it would be appropriate for Guff Bay Communities to fund these items at your earliest convenience. Thank you for your attention to this matter and ffyou have any questi,~ns, please let me know. In the memltime, I remain. Yours sincerely, Randolph G. White Director of Accounting Flddlet's Creek CommuniSt Dt~t~lct April 10. 1997 Gulf Bay CommunlUea 4001 Tamlaml Trail North Suite Naples. FI. 33940 AttenUon: Anthony D~aa' Mr. DiNardo The current fund~g requirement for the Fiddler's Creek Community Development District necessary to pay the following. #4-104-38890 3/14 & 3/17 Service #4-089-78797 3/3 Service #4-097-09219 3/10 & 3/11 Service 3/26 Meeting Notice #7 2/97 Representation #000535 Postage/Copies/Fedex/Books #000642 Postage/Copies #AS 3/97 Long Distance Fax Service Reimburse For 3/7 Fedex Reimburse For 1/17 Fedex R~mburse For Six File Cabinets 3/97 Po~tage Charge 4/97 P~nt 2/97 Copy Charge 3/97 Copy Charge 4/97 ~t=- Serr~ 4/97 ~,acmmt Fe~s ~30.87 $10.97 $32.91 $1,339.98 $245.76 $40.57 $3.50 $10.97 $10.75 $174.89 $18.69 ~ Ca~Z~ ~ DEV~LO~ DlSll~C-'T 103O0 ~.~. 1 lt~ ~ A~:~n~9'. It ~uid be appends-late for Gulf Bay Communities [o fund these Items at Thank you for your attention to this matter and ffyou have any questions, please let me kno.,v. In the n~'anUrne. I remain. Yours sincerely. Randolph O. White Director o£AccounUng 1 u iv' m' tee Meeting Minutes July 16, t997, 9:30 A.M. Members Present Absent Jack McKenna x Barbara Berry David Craig x Edward Ferguson x Charles Getler x Robert Laird x Bill Neal x Edward Ott x Karl Otto x John Schoemer x John Stockton Bernard Weiss Guest Robert Fernandez x Sheila Leith x ///~/ Ite,,,# ,/~. Introduction Copies To:, -Mr. Robert Fernandez, the new County Administratorjoined the meeting aha was introduced to the group Jail Study -Karl Otto and Bill Neal will attend a meeting on August 6'~ with OCPM and the consultant (V-Group) hired to update the study -Jack provided Bob Fernandez with a brief background of the Productivity Committee's role relative to the.jail expansion -the Committee was disturbed that the Board has hired a consultant to complete the study -the Committee had recommended to the Board that OCPM complete the study in-house -it was felt that OCPM had the expertise to complete the update, and it would result in considerable cost savings -they were also concerned whether the V-Group has the expertise in the corrections field -they also expressed concern that the former Public Works Administrator is now heading up the V-Group's Naples office and that there could be the potential for conflict of interest Norrt$ H~n¢~k Co~tta~t Iht~'' Iqac'Kie 16G 1 -Bob Fernandez interjected that the issue should be who is the cxper~ in the corrections field. knows thc intricacies of jail populations and can provide a future view -it is not enough to have thc right answer, but to be able to balance between operating and capital costs -another aspect is thc judiciary philosophy i.e. who will you incarcerate? -all of these factors effect the design of the facility -thc question is, arc thc~ people qualified to do this? -Bob met with V-Group personnel from their head office in Ohio -they have been involved in jail projects in other locations -thc other question that thc Committee has is whether or not OCPM, thc Sheriff. thc campus planning people etc. have all been part of the team -the Committee expressed frustration that they have never received a response from the Board on their jail report, nor have they received feedback from the Board on any other report that they have submitted -the Committee again questioned if they should continue -Bob Fernandez interjected that it is a good thing to explore the role of thc Committee and make sure that there is agreement between the Board. Administrator, and Committee as to their role -Jack McKenna is going to speak to Commissioner Berry concerning the Board's perception of the role of the Committee, response to reports cie. - are they still fulfilling a worthwhile purpose? -Bob had to leave for another meeting and expressed again that he looks forward to working with the Committee in the Future Grants Coordinator -a position was approved for in FY 98 budget the Grants Coordinator will report to the Budget Director Budget Process -everyone should bring the two Budget Sub-committee Reports and thc Ad Hoc Budget Committee Report to thc next meeting -Bill Neal has reviewed thc reports and will lead thc discussion Procurement Process Review -thc Committee read the Purchasing Sub-committee's draft report and all found it to be excellent work -a few of the recommendations require minor clarification and some members felt that stronger language could be used in used in the Executive Summary -Dave. Craig ~sked that written comments be submitted to Sheila Leith in the Office of Management and Budget by Friday July 18~h -a vote was taken and the recommendations in the report wcrc agreed to in principle by thc full Committee 168"1 ' Human Resources -this Sub-committee has been inactive however their next step is to follow up on the recommendations is thc prtwious HR reports -one suggestion for a new study is to complete an operational audit on Human Resource procedures New Business -unfortunately Robin Marctm has resigned from the Productivity Committee due to work commitments -this vacancy is currently being advertised - Meeting adjourned ! !:15 a.m. The next meeting will be on Wednesday August 13~, at 9:30 n.m. in the County Administrator's Corference Room. -. cc. Board of County Commissioners Office 'i iee Meeting Minute~ June 16, 1997, 9:30 A.M. Members ~Prcsent Absent Jack McKenna X Barbara Berry X David Craig X 'Edward Ferguson X Charles Getler X Robert Laird X Bill Neal X · F_,d ward Ott X Karl Otto X John Schoemer X John Stockton X Bernard Weiss X Staff Sheila Leith X Mike Smykowski X Procurement Process Review -Sub-committee is meeting tomorrow at 1:00 p.m. to work on their report -they will bc ready to pass the report to the full Committee, Steve Carnell and Adol£o Gonzalez within the next couple of weeks -they expect to have 21 itemized recommendations related to ef~ciencies a~d aggressiveness within the procurement process -most of the recommendations are related to cost avoidance rather than cost savings Jail Study -Karl Otto has not yet bccn able to meet with Adol£o Gonzalez -they will get together as soon are the budget workshops are over Special Presentation - FY98 Budget -Mike Smykowski, the Collier County Budget Director gave a PowerPoint presentation to the Productivity Committee relative to thc FY98 Budget -this is the budget overview that will be presented to the Board of County Commissioners at the Budget Workshop on Wednesday June 18'~ -Mike was interested in heating suggestion from thc group in order to enhU~C.~0fli~jfy the information presented 16G 1' -suggestions included: -show the total gross budget increase FY 97 to FY 98 -show the proportion oftbe General Fund budget increase by agency -how many dollars are mandated that we can't avoid spending, what does the Board have influence over? -show where cuts could be made -provide population growth information -show why growth is not paying for growth, why the increase in taxes -split out Constitutional Officers -Mike appreciated the Committee's input -the Committee thanked Mike for his informative pre~'n~tion Meeting adjourned 11:30 a.m. The next meeting will be on Wednesday July 16a', at 9:30 a.m. in the County Administrator's Conference Room. 168 1 ar~i J U L - ? Absent Jack McKenna X Barbara Berry X David Craig X Edward Ferguson Charles Getler Robert Laird X Robin Maretta Bill Neal X Edward Ott X Karl Otto X John Schoemer John Stockton X Bernard Weiss Staff Sheila Leith X X X X X X Procurement Process Review -reviewed Field Purchase Orders. i.e. PO's that are issued for purchases under $500.00 -the departments input these PO's directly into the system -Field Purchase Orders over a 3 year period represented 35% of all transactions but only 7/10 of 1% ofthe total dollar amount -Field Purchase Order volume doubled in the last quarter of the year -there did not appear to be any problems with procedures, no abuse of the system was found -there was some lag time in payment, the invoice goes either to the user department or directly to Finance -John Stockton has spent a considerable amount of time in Utilities working on special projects unrelated to this study - he had an opportunity to review Field Purchase Orders as part of this work -John suggested that some purchases made on field PO's could be centrally controlled -for example, fax machinfls purchases could handled by the Information Technology Department Misc. Corres: I~orri$ Hancock ~ Date: Constanttfl~ Mac'Kte BerrJf Item# CopiesTo: 166 1 Jail Study -Karl Otto contacted Adolfo Gortzalez and they will meet in a couple o£weeks -Adolfo is extremely busy right now and asked it they could postpone meeting until then -Karl also just wanted to express to the Committee that Captain Greg Smith has been very responsive and that he does an outstanding job and should be recognized for his work -Karl sees the Committee's role as facilitator for the Jail project Grants Coordinator -the Office of Management and Budget is moving ahead with this through the budget process -the alternatives are to add a staff person to fulfill this function or to use an outside consultant -both alternatives will be explored Budget Process -Bill Neal was reviewing the Ad Hoc Budget Committee Report and comparing it to the Productivity Sub-committee report -in reviewing these reports he noted that there were some good recommendations in the Productivity Sub-committee Report and he was wondering why the Board has never responded to the recommendations contained therein -Commissioner Berry will discuss this with the Board members Mission of the Productivity Committee -the discussion on the Budget Process lead into a discussion on the mission of the Productivity Committee -the Ordinance establishing the Productivity Committee was distributed -the Committee wants to ensure that the purpose of the Committee is still being fulfilled -if there is no longer a need for the Committee it may be time to disband -Commissioner Berry is going to speak to the other Commissioners concerning their perception of the Productivity Committee and its role Meeting adjourned 11:30 a.m. Due to the timing of the Board's Budget Workshop's, the next meeting of the Productivity Committee is scheduled for Monday June 16~', at 9:30 a.m. in the County Administrator's Conference Room. ° 16G 1 'v' it Meeting Minutes April 16,1997, 9:30 P.M. Jack McKenna x Barbara Berry David Craig x Edward Ferguson x Charles Getler x Bob Laird Robia Maretta x Bill Neal x Edward Ott x Karl Otto x John Schoemer x John Stockton x Bernard Weiss x x Sheila Leith X Procurement Process Review -the draft report should be ready in approximately 2-3 weeks Some of the findings: -25-30% turnover in OCPM, also departure of the County Manager, Transportation Director and Public Works Administrator, all potential conflicts of interest which could impact the sanctity of the purchasing process -there should be a 2-3 year "cooling off" period for senior civil servants to prevent conflict interest -need to slow down the "revol',4ng door" -Collier County has the highest median income in the state and we should reward our employees accordingly -reason for high turnover, job opportunity, Iow pay, value in having worked for the county -there is a potential problem with who should negotiate contracts and where the records are kept -schedules are overly generous, purchasing, OCPM and legal were far less than aggressive in pursing remedy -the purchasing system is working well -it is a decentralized system which makes it very responsive -Steve Carnell, and Adolfo Gonzalez are outstanding employees but spread too thin -looked at field P.O.'s', "they aren't spending dollars to chase cents" -Steve's people are responsible for fracturing the P.O.'s -there is no pooling of resources in county government -original intent of OCPM was to pool resources, provide services for design and build -instead they are administering contracts and sublet most of the work -need to find the right mix -integrated project teams are the best alternative i.e. contract manager, lawyer, etc. -OCPM may need to change their mission -contract administration needs to be standardized Jail Issues - Jack mentioned that the Commission would like the Productivity Committee to stay involved -a Sub-committee was set up consisting of Karl Otto, Bill Neal and Robin Maretta to monitor the progress of the jail project Grants Coordinator -Ed Ferguson put together a package including job descriptions from West Palm, Monroe County, and the Sheriff's Office -the Productivity Committee supports the concept however the Committee would like input as to form Budget Ad Hoc Committee Report -Bill Neal with do a comparison between this report and the Budget Sub-committee report and everyone will read the respective reports and bring their comments to the next meeting New Business -Jack McKenna advised the Committee that it was time to elect a new Chairman -the Committee unanimously endorsed Jack to continue as Chairman -Jack accepted the nomination and thanked the members for their endorsement -Jack suggested a review of the mission of the Productivity Committee at the next meeting in order to keep the Committee focused Meeting Adjourned ! 1:30 A.M. Next meeting Wednesday May 21, 1997 9:30 A.M. ltuman Resources Conference Room, 1st Floor, Administration Building Pro u tiv' mittee Meeting Minutes March 19th, 9:30 P.M. ~ Absent Jack MeKenna x Barbara Berry x David Craig x Edward Ferguson x Charles Getler x Bob Laird x Robin Maretta Bill Neal Edward Ott x Karl Otto x John Schoemer x John Stockton x Bernard Weiss 16G-1" Sheila Leith Ad Hoc Committee Rel~ort on Budget Process Reform -last year the Budget Sub-committee of the Productivity Committee prepared two reports on the budget process -the Productivity Committee is interested in reviewing the Ad Hoc Committee Report and comparing the recommendations it con.ins to the Productivity Committee's recommendations -the Committee members will review the reports and be prepared to discuss them at the next meeting -the Committee is interested in the impact of quarterly reporling and would like to prepare a cost benefit analysis -any quarterly reporting document should consider the Commission's responsibility (big picture), and the County Manager's responsibility -Sheila will mail out copies of the two previous Sub-committee reports to members this week Procurement Process Review -Charlie Getler provided an update on the activities of the Sub-committee -work on the report has been delayed because Bernie Weiss has been ill Jail Issues -Jack gave a brlet' overview of thc presentation to the Board of Cotmty Commissioners -direction was given to the Productivity Committee to continue with relevant studies and remain involved -Commissioner Berry told the group that yesterday at the BCC meeting the Board moved ahead and authorized staffto hire a company to do the impact fee study · 16G" 1 -Wilt Ward who represents the development community on the issue objected to the usc of this particular company because a study that they prepared for the Volusia County School Board was recently challenged in court -the Board decided to approve the use of this company despite objections from Mr. Ward -Commissioner Berry went on to clarify a misunderstanding that she had regarding the use of impact fees in new construction vs. renovations/expansions -Eric West of thc EDC called Jack to advise The Productivity Committee that an EDC Sub-committee is looking at operational privatization of the jail facility -they are not involved in the capital funding aspect if the jail -Jack handed out an outline of the scope of their study New Business -the Productivity Committee was tasked by the Board to investigate the cost and merit of hiring a grants coordinator -a co.cem was voiced by the Committee that "soft money" (grants) become hard money when the grants run out -John Stockton's data base project could provide resource people to investigate what other counties and government bodies are doing in this area -Commissioner Berry suggested contacting the school board's grant coordinator to see how he pursues grants -it was suggested that through an inter-local agreement, one coordinator could work for 3 or 4 counties -this would be difficult to implement as the counties would be competing for the same grant dollars -a Sub-committee was formed to explore this area further -the members of the Sub-committee will be: Ed Ferguson Karl Otto John Stockton -the other area that was on the Committee's workplan for this year is county-wide traffic management -before pursuing this area of study the Committee decided that they should go back to the Board to determine if the Board's priorities have changed before moving ahead -Commissioner Berry will raise this as a discussion item on next Tuesday's agenda -Sheila will prepare a priority list package and distribute it to each commissioner today -the Committee discussed other areas that may be of interest including a climate survey, arbitration, unions, sexual harassment training etc. -also, what about Focus, are they still active? -Art Jacob of the 2"d District Association headed up this group and should be contacted for more information -finally, Jack just wanted to correct a point on moratoriums -this could not happen if the jail expansion was not completed because jails are Category B facilities Meeting Adjourned I 1:30 A.M. Next meeting Wednesday April 16, I997 9:30 A.M. County Manager's Conference Room, 2'~ Floor, Administration Building 'v' m' t Meeting Minutes February 19, 1997, 2:00 P.M. Jack McKenna x Barbara Berry x David Craig x Edward Ferguson Charles Gctler x Bob Laird x Robin Maretta x Bill Neal x Edward Ott x Karl Otto x John Schoemer x John Stockton x Bernard Weiss Staff Sheila Leith X lntrcduction -Jack McKerma introduced Edward Oft and John Schoemer who were recently appointed to the Productivity Committee -Edward and John each provided a brief background summary and were welcomed by the members -Bill Neal announced a recent major achievement, his "Hole in One', 16~' hole at Windstar, into the wind, 170 yards, 4 iron -the group congratulated Bill on this exciting event Procurement Process Review -Charlie Getler provided an update on the activities of the Sub-committee -the Sub-committee is writing their report and are close to a first draft but haven't agreed yet on what they will be presenting -there are some problems in the process, not with Steve Carnell's area but how the pieces come together Jail Issues -Jack gave a brief overview of the meeting with the Sheriff -critical issues are that there isn't a master plan of the complex and we need an updated study -there is not a capacity problem today in the jail but in 1999 there will be a deficiency -administrative offices include areas such as file and evidence rooms -the Sheriff's Office has identified their needs but they have to clearly provide the background and justification 16G li -OCPM and the Sheriff's Office should sit down together and do the study update -Bob Laird and Dave Craig will talk to the Sheriffand try to facilitate bringing the two sides together -Commissioner Berry will speak to Mike McNees on this, the Manager need to 'lead the charge' -they need a road map, where they are going and current information is critical -when they have the information assembled, they need to look at it in relation to the master plan -next they will need to determine the type of financing to be utilized -the report has been adopted and now needs a resolution -Sheila will distribute the revised copies of the report and Commissioner Berry will see that the report is placed on the agenda for an upcoming Board meeting Old Business -Jack attended an instructional meeting and demo of the Human Resources PDS software -Jack wasn't sure if they purchased the payroll interface, he needs to confirm it -Committee believes that interface with payroll is critical -Bill Neal requested that the Committee try a morning meeting time rather than afternoon -the Committee agreed to meet next month at 9:30 am Meeting Adjourned 4:00 P.M. Next meeting Wednesday March 19, 1997 9:30 A.M. County Manager's Conference Room, 2"a Floor, Administration Building Meeting Minutes January 15, 1997, 2:00 P.M. Jack McKenna x Barbara Berry David Craig x Edward Ferguson x Charles Getler Bob Laird x Robin Maretta x Bill Neal x Karl Otto x John Stockton x Bernard Weiss Staff Sheila Leith Introduction -Jack McKenna introduced Robin Maretta who was recently appointed to the Productivity Committee -Robin provided a brief summary of her background and was welcomed by the members Purchasing Sub-committee -Dave Craig provided an update on the activities of the Sub-committee -Sub-committee met with Bob Byme in the Accounts Payable area of the Finance Department -they reviewed specific payment vouchers for work orders in OCPM -the Sub-committee is about to start writing their report Jail Issues -the Committee agrees that the work release center would be a good interim step toward jail expansion and that impact fees are a useful supplement but not significant enough to fund the jail -it was felt that an educational process needs to take place in order for the public to understand the issues and to obtain voter approval -all of the SheriWs operations needs to be incorporated into the discussion i.e. work release, jail expansion, juvenile center, SheriWs administrative offices -this project needs a PR campaign -people see a tax on the ballot and they don't want it, think it will go away if they vote it down -need the issue explored in the press, if we don't respond what will happen, State mandate etc. -Committee agrees that we do not want to be mandated by the State -the Productivity Committee could identify the problem and then find a benefactor to carry the word (non-bureaucrat) -a discussion ensued as to how far the Productivity Committee should go in promoting jail expansion -ifGNCA, TAGG or the Presidents Council fully understood the issue and was convinced of the need then they could carry the message to the public -County Manager could facilitate this, bring groups together explain the issues -first staffneeds to go back and update the study (no need to pay consultants to do this) -"take out the fluff', separate issues such as the parking -pass it by the Captain of the Jail -explore the modular concept -present the study as a Productivity Committee item after the Committee has properly reviewed and approved it -no hidden agendas should be included -the Productivity Committee would coordinate the update, the County Manager would talk to the tax groups -Productivity Commiuee encourages ~he building oi'the work release center as a relief valve -Karl Otto will put together a rough draft Grant Coordinator -the Committee discussed the merits of a grant coordinator -there was a discussion as to whether this should be a paid full-time position or a contractual relationship whereby the coordinator would receive a percentage of the grants received -the Committee needs to make a recommendation to the Board on this issue in the near future Meeting Adjourned 3:55 P.M. Next meeting Wednesday Februar~ 19, 1997 2:00 P.M County Manager's Conference Room, 2''~ Floor, Administration Building IMMOKALEE BEAUTIFICATION M.S~T.U. ADVISORY COMMITTEE 168 '14 I0. 11. 12. 4. 5. 6. 7. 8. Agenda -August 20, 1997 Call to order Attendance: Denise Smith, Committee Chair Rita Avalos, Committee Member/Past Chair Dorcas Howard, Committee Member Cherryle Thomas, Committee Member Mike Garrett, Committee Member Steve Fabiano, Transportation Admin. Services Val Prince, Transportation Admin. Services Joe Delate, Office of Capital Projects Management Mike McGee. Landscape Architect Chuck Buckley, Landw. ap~ Maintenance Contractor Welcome/Introduction of Guests Approval of Minutes from June 18, 1997 Budget Update Mai nte nance Office of Capital Projects Management Old Business: A. B. C. Report - CR 846 & SR 29: Chuck Buckley Report - Joe Delate Transportation Administration Report/Update New Business Open discussion on any business not needing Committee approval Adjournment Next Meeting: Norr I s Bert)' September 17, 1997 -5:00 p.m. @ Immokalee Community Center Misc. Corres: , Oate: ~ OO~ c'.. Collier County Government Center · 3301 Tarniami Trail. East · Naples. Florida 33962 IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Meeting of June 18, 1997 SUMMARY OF RECOMMENDATIONS AND MOTIONS: APPROVAL OF MINUTES OF APRIL 23 AND MAY 21: With minor typographical errora noted, Dorca~ Howard moved to accept the minutes as amended; seconded by Cherryle Thomas and carried unanimously. Collier County Government Center · 3301 Tamiami Trail, East · Naples, Florida 33962 IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE 168 1 MeeAing of June 18, 1997 The lmmokalee Lighting and Beautification District Advisory Committee Meeting of Wednesday, June 18, was called to order at :5:05 p.m. ROLL CALL: Members present were Dorcas Howard, Rita Avalos, Denise Smith, and Cherryle Thomas. Also Present: Chuck Buckley, Commercial Land Maintenance; Steve Fabiano, Transportation Administrative Services; 3ne Delate, Office of Capital Projects Management; Mike McGee, McGee & Associates; J'acqueline Silano, recording secretary. Guest: Nancy $iemion, Landscape Architect, Community Development & Environmental Services. WELCOME/INTRODUCTION OF GUEST: Ao Ms. $iemion gave an overview of the Streetscape Master Plan which covers 144 miles of divided major rights of way within the urban boundaries of Collier County. The Plan was adopted by the Board of County Commissioners on May 27 and has directed her department to make amendments in order to address the MSTUs. The Plan will be revamped and put into a legal code format of unified design. A discussion ensued regarding funding and whether this MSTU would like to have the [mmokalee Master Plan be included as an attachment even though the Immokalee is outside the urban boundary. Mike McGee would need to update the current Immokalee plan and he recommended Phase III and subsequent phases be included in the Streetscape Master Plan for funding considerations. The committee concurred that it would be to their advantage to include their plan when completed as an attachment to the Streetscape Master Plan. An amendment process is being developed and the Committee will consider this further at a later date. RECOGNITION: Denise Smith presented a plaque to Rita Avalos in appreciation of her ten years of service (1986-96) to the Immokalee Beautification Advisory Committee. APPROVAL OF MINUTES OF APRIL 23 AND MAY 21: With minor typographical errors noted, Dorcas Howard moved to accept the minutes as amended; seconded by Cherryle Thomas and carried unanimously. MAINTENANCE REPORT Chuck Buckley advised that 50 palm trees have been trimmed; fertilizer and insecticide has been applied ;areas with scale, groundrot and webworm damage will be retreated. Collier County Government Center · 3301 Tamiami Trail, East · Naples. Florida 33962 Mike McGee requested that the sidewalk ramps and grates be cleaned and noted that the tree grate adjacent to the north end of median //5 needs to be replaced. 7. BUDGET UPDATE A. The budget status repons for May were distributed and discussed. Bo Steve Fabiano distributed copies of the Executive Summary requesting the Board to authorize a smaller phasing approach to the Project in order to more clearly define the payback of the loan previously approved. This was approved at the June 17th Board Meeting. Copies of the handout provided to the BCC entitled Construction and Improvement, Project Budget Breakdown, were also distributed and discussed. 8. OFFICE OF CAPITAL PROJECTS MANAGEMENT Ao Joe Delate advised that he is working on bids for site improvements, lighting and irrigation. Bo Joe advised that the Pentecostal Church at 7th and Main is protesting the closing of one of the driveways necessary to proceed with the improvements; apparently they want financial compensation. Joe will notify the county's project engineer who will send a letter. 9. NEW BUSINESS Ao Denise advised that the ISTEA Grant was submitted on time to meet the June 16th deadline; S146,000 is being sought. A decision will be known by September. Denise will continue to stay in touch with the county representative, Amy Taylor, and will attempt to be present when the application is being reviewed. Bo Denise advised that Mike Garrett has resigned from the Committee since he has moved out of the area. As there was no further business to discuss, the meeting was adjourned at 6:50 p.m. The next meeting will be held on August 20, 1997 at 5:00 p.m. at the Community Center. DATE: PLACE: EN~ROMENTAL POLICY T~CHNICAL ADVISORY BOARD AGENDA July 14, 1997 COLLIER COUI~I'Y COMPLEX HEALTH AND COMMUNr~ SERVICES BUILDING '2'a FLOOR. ROOM 216 TIME: 4:00 p.m. I. CALL IV~ETING TO ORDER II. R~LC~L IlL APPROVAL OF MINUTES-$une 9, 1997 IV. ANNOUNCEMENTS V. OLD BUSINESS a. EPTAB's Consolidation b. Voting Requirements (UlXlatO vi. STANDING 'A. ' COMMHTEE REPORTS (i) Steering Committee (2) Resource Committee (3) Growth Managemen! Mike McOee Ivlike Simonik Mike Ddate B. SPECIAL PROJECT COMMITTEE REPORTS (1) NRD Budgel Bill McKinn~' VII. NEW BUSINESS (a) Budget Ul:~te Co) ACOE-PEIS (c) Water Cons~rvagon Ordinance VIII. PUBLIC IX. AD$OURNRt~NT Hancock Constantine v' Berr: Misc. Corres: , ~opies To: COLLIER COUN"rY GOVERNMENT 1 6G"l"" IRE 7 V,:TD JUL - 8 1997 COMMUNITY DEVELOPMENT SERVICES DIVISION July 7, 1997 28~f~ NO~ RTI-I HORSBSHOF. DRI. Vg NAPLES. FL 33942 (04 ]) 64.~-8400 A CERTIFIED BLUE CHIP COM.M UNI'I~' Mr. Michael Zimny Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Preservation Board Meeting Dear Mr. Zimny: This letter is to inform you that the Collier County Historic and Archaeological Preservation Board will hold their public hearing on Friday, July 18, 1997. I have enclosed a copy of the agenda for your review and records. If you have any questions or concerns regarding this meeting, please do not hesitate to contact me at my new number: 941-403-2469. Very truly yours, Ray~ello~vs/~'''~ Principal Planner (CLeo Coordinator) Hisloric Prcscrvation/RVB/rb cc: Vincent A. Cautcro Sue Filson Ron Jamro Robert Mulhere Nancy Siemion Preservation Board AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 9:00 A.M., FRIDAY, JULY 18, 1997, IN THE GOVERNMENT CENTER COMPLEX MUSEUM, AT 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE }{APB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ADDENDA TO THE AGENDA 2. APPROVAL OF MINUTES: June 13, 1997 3. PLANNING SERVICES DEPARTMENT REPORT: A. Training For County Inspectors 4. OLD BUSINESS: D. E. F. Tamiami Trail Scenic Highway - Update Robert's Ranch - Review Application for Historic Designation H. Nehrling's Tropical Gardens and Arboretum Captain Horr's House National Register Application Historic/Archaeological Guide Map Morris property in Chokoloskee 5. NEW BUSINESS: A. Waiver of the Survey and Assessment. 6. DISCUSSION OF ADDENDA 7. ADJOURN Hancock Co~st&ntlne ~ac'KIe Bert)' Misc. Corrcs: Date: _~b~/~/ - Item, /3'. S' Copies To: Golden Gate ~eaut~cat~on Ad~ory Minutes - Meeting of June 10, 1997 SUMMARY OF RECOMMENDATIONS AND MOTIONS: 3. JUL - ? IBB? Minutes to the meeting.~ of May 1], 1097: Bonnet Bacon moved to accept the minutes as submitted; seconded by Sabina Mu~ci and carried unanimously. H~cock f/ Co~ltintlnl~ / ~ ~i¢°K~t ,, ~ _ Biffs , /,/ Misc. Corros: Copies To: 16G 1: Go~n Gate ~eaut~eat~on committee 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Meeting called to order Roll Call Approval of Minutes - Meeting of June 10, 1997 Landscape Maintenance Report - Chuck Buckley Landscape Architect's Report - Mike McGee Transportation Administration Services Report - Steve Fabiano Committee Members' Reports Old Business New Business Public Comments Adjournment Next Meeting: August 12, 1997, 4:00 p.m. (~ Golden Gate Community Center Go n cate eauttficatton vt ory Minutes - Meet/ag of June 10, 1997 comtntttee Meeting called to order at 4:00 p.m. at the Golden Gate Community Center. Roll Call - Present: Cheryle Newman, Sabina Musci, Bonnet Bacon, Charles McMahon, members; Steve Fabiano, Transportation Administrative Services; Mike McGee, McGee & Associates; Jacqueline Silano, secretary. Excused: Chuck Buckley, Commercial Land Maintenance. Minutes to the meetings of May 13, 1997: Bonnet Bacon moved to accept the minutes as submitted; seconded by Sabina Musci and carried unanimously. LANDSCAPE MAINTENANCE REPORT Steve reported on behalf of Chuck Buckley that the tropical cut of the palm trees should be completed within the next two weeks; another mahogany tree has been lost; the irrigation system is running fine but the pump in median 7 needed maintenance at a cost of approximately $100-$200; E.B. Simmonds provided a quote of $1300 to replace the electrical panel and box with stainless steel parts at median 7. LANDSCAPE ARCHITECT'S REPORT AD Mike McGee advised that a sabal palm in median 10 is leaning over and needs to be straightened; requested Chuck to treat the trees with iron pellets; will provide a list of refurbishments on the quarterly report. TRANSPORTATION ADMINISTRATIVE SERVICES Steve Fabiano advised that the Board of County Commissioners: i. has accepted the Golden Gate Beautification Advisory Committee's Master Plan as an addendum to the Naplescape Strcetscape Plan; ii. has accepted the landscape maintenance of Golden Gate Parkway; iii. will consider a 50/50 partnership with the MSTU regarding the perimeter roadway improvements as a separate future agenda item; and, iv. will consider the landscaping of the first mile of medians on Golden Gate Boulevard based on a feasibility study. Copies of the Budget Status through May, 1997 budget were distributed and reviewed. 7. OLD BUSINESS Cheryle advised that she met with Any Taylor regarding the ISTEA grant application and reviewed same with Steve Fabiano and Mike McGee. The MSTU advisory committee will serve as sponsor for the application. Copies of the application were distributed and discussed. She will be seeking written support from the community to be attached to the application. Steve advised that there has been no progress in the FP&L/Cabco reimbursement status. Co Bonner expressed his appreciation to Sabina Musci for appearing before the Board regarding the issues as outlined above. He also applauded the county representatives for their continued efforts. 8. NEW BUSINESS The sign at Santa Barbara Boulevard needs to be repainted. Steve will contact Sign Craft. As there' was no further business to discuss, the meeting was adjourned at 5:20 p.m. The next meeting will be held at 4:00 p.m. on Tuesday, July 8, 1997 at the Golden Gate Community Center. 2, 16G 1' i~nutes - Meetln8 o, f June 13, I997 J d L SUMMARY OF RECOMMENDATIONS AND MOTIONS Minutes of May 9, 1997: Bob Cole moved to accept the minutes as presented; seconded by Al LePain and carried unanimously. 10. COMMITTEE REPORTS: In order to expedite the effluent irrigation connection, George Pearson made a motion authorizing i. Mike McGee to draw up the necessary plans; ii. Steve Fabiano to obtain quotes and execute the appropriate contracts; and iii. Steve Fabiano to make the necessary budget amendments to cover the expense. The motion was seconded by Al LePain and carried unanimously. 7 1997 I',~isc. Corres:. Item# /~ ~. Copies To: · ° 16G 1~ r ely, y olf s aees ~eetin3 of Au~ s, 1997 o Meeting called to order Attendance Approval of minutes of June 13, 1997 Reports Do Advanced Lawn & Landscape Transportation Administrative Services New Construction i. Mike McGee, McGee & Associates Committee Members i. George Pearson ii. Al LePain iii. Robert Cole iv. Robert Weyers 5. Old Business 6. New Business 7. Adjournmen! committee NEXT MEETING: September 12, 1997 o o Meeting called to order at 4:15 p.m. Location - Facilities Management, Conference Room 111. Attendance Taken - Present: George Pearson, Al LePain, Robert Cole, and Robert Weyers, members; Joe Delate, Office of Capital Projects Management; Val Prince, Transportation Administrative Services; Mike McGee, McGee & Associates; Jeff Koetting, Advanced Lawn and Landscaping; Jacqueline Silano, secretary. Absent: Bud Hardow, member. Minutes of May 9, 1997: Bob Cole moved to accept the minutes as presented; seconded by Al LePain and carried unanimously. LANDSCAPE MAINTENANCE REPORT: A0 Jeff advised the sod has been fertilized; the canopy trees have been trimmed; the annuals (lantana) at St. Andrews entrance and Doral will be installed tomorrow; there are some weed problems which have been cleared up. Mike McGee suggested applying weed killer after the lirope has been cut back. LANDSCAPE ARCHITECT'S REPORT: ho Mike said he met with Jeff to express his concerns about the conditions of the bougainvillea, lirope, tree fonds, and dollar weed. He suggested a more "hands on" approach and that his on-site supervisors needs to stay on top of the situation and to spray whenever necessary. A wick application was recommended. NEW BUSINESS: Ao George requested that future meetings be returned to the 4:00 p.m. start time. The committee concurred. George advised that Bud Hardow has resigned from the committee but has agreed to stay on until the vacancy has been filled. George will have Bud sent his letter of resignation into Sue Filson so that she can advertise the vacancy. TRANSPORTATION SERVICES REPORT: Ao Copies of the Budget Status through May, 1997 were distributed and reviewed. B. Val advised that the clip on the American flag was repaired. · '' 1 Co 168 Val expressed Steve Fabiano's concern over the high water bills and the that the balance in the account for the remainder of the year. OFFICE OF CAPITAL PROJECTS MANAGEMENT REPORT: Bob Cole expressed his concern about the expense incurred by OCPM. Joe Delate attributed it to the problems with FP&L and the delay in awarding the contract. Mr. Delate stated that this should be the last meeting that he would need to attend. 10. COMMITTEE REPORTS: Bob Cole said he believed there was a leak in the irrigation system on Pebble Beach Boulevard between Heather Grove and Briar Cliff. Apparently it bleeds at the joints; Bob also asked when the dead sod areas will be replaced. Mike McGee will meet with Linda Rae Nelson to resolve the situation. Bob Cole requested that the No Right Turn sign at Forest Hills and St. Andrews be reset; Joe will contact the contractor to take care of it. George was please to report his progress regarding effluent irrigation, which will service a significant portion of the project. The County will bring the line to Warren and from there the MSTU will bring it to St. Andrews and down to Forest Hills. Mike McGee will check on the pressure; if not sufficient, it may be necessary to install a booster pump. A lengthy discussion regarding this and the approximate cost ($6800) ensued. Mike McGee stated that the effluent should be able to accommodate all ot' St. Andrews to median 4, Forest Hills, and possibly backfeed medians 1 and 2. In order to expedite the effluent irrigation connection, George Pearson made a motion authorizing i. Mike McGee to draw up the necessary plans; ii. Steve Fabiano to obtain quotes and execute the appropriate contracts; and iii. Steve Fabiano to make the necessary budget amendments to cover the expense. The motion was seconded by Al LePain and carried unanimously. As there was no further business to discuss, the meeting was adjourned at 5:00 p.m. There will be no meeting in July. The next meeting has been scheduled for August 8 1997, at 4:00 p.m., Facilities Management, Conference Room 111. ISLES OF CAPRI ...... FIRE DISTRICT ~z~u~gs o~ aDVZSO~Y BO~RO ~'~t'J~-- JUNE 12, =997 16G Advisory Board Members Present: Woolsey, Popovici, auegel, Mar[narc Also Present: Rodriquez, Pschtgoda, Pschigoda, Ohlis, Butler, Floyd, Padi[la, Meeting called to order at 18:10... 1. Pass on Chief's R%port...'.: ,. :ho firs s~&~.~on,"..no maC~e.r,.~r~.t 2't 1~, Woolsey made 3. Dtstric:~ there is a need ~o~..:~[~[On.,".. ~as% Na~e nbt willing to give;~up~ mobay, '~oJden Ca:e i~%e~ee[e~ tn a 4. What Is [~Eo~ of EMS? · ~"'~ ~'~ 5. Popovici% made county Co~iss!oner~}to see ',~'~[' their purpose is as an Advisory Bba~ for.~hl 'r~?l"~ Capri TiKe ~ R,acu, Dept. 6. Advisory Board Wanted~.[o. kn~ 6~o ,6'a responsible for making changee.~. 7. Popovici motioned an~oo'I'eey .second ~o document to the Advisory Board ho, ofte~ ALs 'lB on Boat 90. s~ar: taping meetings. Popovici wanted to know why there to Marco Island regarding automatic mutual aid. Chief Rodriguez said we don't need au:omatic eutual aid De- ~auaq we h eve /d.~i~qf~ghte~_on ~uty at the station. oars Popovlc~ ~a~ato~o ReViSory Doar~ vas suppose co have told Chief ~o type ~his letter. Board kne~ no:hing about th[~ 10. Any correspondence leaving this station should be brought ~o the Advisory Board first. Norris Misc. C0rres: Hancock ~~_ Co~stanttne~ I, lac 'Ere &tem~/~'~ · Copies To: 168 1 ISLES OP CAPRI ~/R.E$C~ DISTRICT ~ Page 2 Minutes 11. 12. 13. 14. fire? why did North Naples tell dispatch =o tone our boat out? ~irst Bast Naples vas called out, then Golden Gate, :hen North Naples, then Boat 90. The Advisory Board would l£ke :o knov hey we can repair our re~&tionshtp v£th Narco IsZand. Popov£ct and the other agreed i: is our duty to create a better rapport with ~arco Inland. Advioory Board ask ~hle'£ 'R'~;d't't~juez to :al~ t:o ChL'tg Dwyer before next ~viao~'.~eettog,about poor attitude. =cmmunicat~on ~[b~ :he bo~'~. .. Woolsey ~one~ to..~Jou~n, Po~ov~c['secon~. · ., ...,,:; ?,.... , ~ee~Lng adjourne~ at 20=30.';'.. C.C. Advinory Board Members Diane rlagg Misc. Cortes: #orrt~ F' -- Hancock ~'// ~ Date: . C0~,tantinV --_ /~,~';' ~ac'K~e 6erry / ~ ~P~C~ ISLES OF CAPKI FIKE I E$CUE DISTRICT RINUTES OF ADVISORY BOARD RAY 01, 1997 Advisory Board Members Preterit: Woolsey, Brown, ~uegel, Popovici, Marinate Also Present: Rodriguez, Pschigoda, Pschigo~a, £dgemon, rarrell,Ohlta,Telford,Su:ler,Schank;,p?~illa Meeting called to order at 18:15... Total Money collected to ~ate for our Dock Fund ia ~,775.00. 1. Chiefs Report of tncidenta for the month of April. our authorazat£on. 3. Our fire truc~ should be repaired by the end of ~ay, parts having to be made for it. Costing us.$6,000.O0. 4. Board d~scu~sea.tentat{ve budget, County increas~.~ from $6,000.00 to $1~000100 to balance our budget. 5. District ~,~'.our ,tae~n ran 4g calla in lgg6, ~e uere 2nd. out o~ 4. Golden Gate Board member £d Huegel buy~ng 2 Ieles of Capri chirto for ~embera PoperieS, and Marinate.. 7. May 24, Boat 90 will join ~atln~ Patrol, Sheriff's Depart- ment w~th a DUI check on the ~ater. 8. June 6-8, Sporte festival, Marco ·Island. 9. Board does not agree on membership fee. lO.Board membece Huegel and Popcvici each donated $50.00 to our fire department. 1 Meeting adjourned at 19:15... C.C. Advisory Board Members Diane Fla~g Norris 7~ Hancock ~/ Coestanttne_____/ ~ac'Kie ~ Berr$ ~' Cop~s To: ~7_L~._A RI R~.~I~RD , [-~L~ O[,CA,"~.! · NAP!.~..~.PLO.~.~')A ~62 · .~RI?).~*.?ST· ISLES OF CAPRI ' ' - ? ~7 FIRE fi RR,.qcuE DISTRICT MINUT[$ OF ADVISORY BOARD APRIL 4. 1997 Advisory Board Members Present: Woolsey. Huegel. Popov/c/. Marinaro Also Present: Rodriguez. Pschigoda. We!kerr. Weikert. Farrell. ~dgsmon Also Present: Diane Flagg Se VOted to pass on Chlef's-'R6port. ~oat DoC~ S~i~. ~rite th~nk yo. nn~n ~ put ~n paper to William~' Ca~i M~rina-&~Mlsfits Marina. Popovicitmobioned & Husgel seconded for Chief Rod ~o invest- igate ho~ f%K~ dlsb~icbs are s~ up and changed. Chief tO'~pto~ch D~ne £1agg a~oub h~i~ at:night vibh medIc~lgfid 'fire callS.. ' We. have 32~aPtaine.(para~edi¢~~ fire fighter) who pull" nour shifi$ 7 days a. week. Fire Contr~l Dts=ric2~ We re~.eived $6,00~100 ? $15,000.00 to balance budget. Bring sleeping quarrels {'n ~ation up to code. Ze~ing adjourned at 1~,45... C.C. Advisory l~oard Members Diane Fla~;g Co, s~ntlne- · ISLES OF CAPPd I $CUE DISTRIqT MZNL'TEB OF &D~Z$ORY BOARD Also Present: I. 2. MARC~ 6, 1997 Advisory Board Members Present: Woolsey, ~uegel, Popovici, Martnaro, Brown Also Present: Rodriguez,Pechigoda, Pschigoda, Weikert, Welkert, Bu~ler, Ohlis,Farrell, Schank Diane Flagg, Chief Schank, Po~tinger from East Naples. Chief's Report. Sold old engine for $6~00.0b, will repair our,-engifie. 3. wally & JUne built a rack ~or air packs. 4. Impac~ Ieee going well; 5. £as~ N~p~an,~elp vi for up eo one ~ear. They sugges~ ~'bgr service. 6. Woolsey s~&sted open end lease to £as{ Maples Fire De~artmen~ as long as they us~ th~ station for a fire departmen~ 7. Fire Pro~%tl%n. 8. Our station being used as a~trafnin9 station for fire- fighters %o ge~ hired oh 'at a.~aid station. 9. Weikert suggested boat is'expensive to run. Should we ge% rid of ~he boa~, charge rescue fees. Check on budget on boat. 1G. Marinaro said we could dock our boat at Bub's. 11. Have EMS check on helping us somehow. 12. Collier County would help us with our costs. 13. Collier County Fire Control Distric~ moneF, we receive 6000.O0.Shared wi~h Ochopee, Golden Gate, ~ EAa~ Naple= 300,000.00. - IBLE8 OF CAPRI FIRE ~' RESCUE DISTRICT ,~ _ 7 l~?. HI.~UTE$ OF AD¥ISORI' BOARD f~O~rd c; . FEBRUARY 6, 1997 Advisory Board Hembe=s Present? Woclsey, Huegel, Popovici, Marinaro A1;o Preeen=~ Rodrlguez, P.chigoda, ~utler, Fahringer, Edg®mon, Elfin, Ferret1, P$¢higoda, Warren Meeting called to order at lSflS... I. Chief,s Report. 2. Budget handed out. 3. Impact fee ts going threw. 4. Dock-check/on ~etting a grant from the county. re~'inance the eta%ion read'Just the budget 5. ~uegel ~a~% ~O~ion to see Shiela Marin'aro seconde~ He~t~ng adjourned a= 20~00... CC: Advisory Board Hembers Diane .F1agg Misc. Corrcs: Hancock - -/ "" Oa~e: · Constant~n/~_' -'~ ~"~'~'// I~T° Berry/ . · ISLES OF CAPRI FIRE & RESCUE DISTR~CT 16G 1 .JUL- 7 1997 BOARD Board cf ,]~ ~r !, Wanuary 9, 1997 Advisory Board, Members Presentt ~oolsgy, BroFn, Huegel ¥opovldl ~:arlnaro A{so Present: Cunningham, ~odriguez, Pschigoda, Pschigoda Butler Meeting called to order at 17~15... 1. Chief's Report. 2. Mr. Hue~el nominated Mr.'Woolsey Chairman, Mr. Brown seconded. ~ '"' Impac~ fee~ in"the makin~,'going wel~. Cost $2,500.00. ~affle t?6kets, Doc~---d*on~ti~hs, boaC lift, wood ~or d~ck, driv~ pil- lings in. e~':.' Budget ~id"t'~~bme-in today, will discuss it next month. Man-power ---no coverage after 8 P.M. $15,000.00 in reserves I person here 24 hours mt a time · ~ firefightera ~ chief Get Budget Repokt first. Meeting adjourned a~ 18,30... Nor r $ $ Hancock C0~st&nttne Wac 'lC te CC: Advisory Board Members Diane ~lagg ~}s~CofrEs: Date: . __ ~/,(.. ¥ C~es To: 168 1 Tourist Development Council Minutes February 3, 1997 Meeting called to order 5:40 p.m. Members attending Mr. Thirion Ms. Burl Mayor Barnett Chairman Hancock Mr. York Mr. Dougherty Councilman Landrum Mrs. Buysse Mr. Stakich · r'.,.~d .J tJ L - 7 Staff attending Heidi Ashton lean Gansel III. Presentation by Gene Vaccarro regarding advertising time on TNN. IV. Nuveen presentation. Linda Sonders and Henry Brehm presented a revised budget of $390,000 to promote and advertise a 35 and over qualifying tennis event. Moved and seconded to recommend funding. Approved unanimously 9 - 0. Jaycees presentation. Bob NMe. au made a presentation. I'DC members felt the Fireworks on the 4~' of July would not bring outside tourist to Collier County. Moved and seconded not to recommend funding. Approved unanimously 9 - 0. VI. Old Business. Amend existing Category C contracts to change from paid invoice to payment contract and ex-tend the length of contract. Moved and seconded to recommend amendments. Approved unanimously 9 - 0. VII. New Business. Provide review schedule for TDC grants and request purchasing review the possibility of paying vendors directly as opposed to paying grantee. VIII. Adjourned 6:40 p.m. Morrl% Hancock Constantine I~lc'~te Misc. Corrcs: Date: ~ Copies To: 1, J U L - 7 Tourist Development Council Minute~ January 20, 1997 I. Meeting called to order at 5:30 p.m. II. Members attending Mayor Barnett Mr. Thirion Chairman Hancock Ms. Burr Councilman Landrum Members absent Mrs. Buysse Mr. Stakich Mr. York Mr. Dougherty Staffattending Heidi Ashton Jean Gansel IH. Minutes approved unanimously with the spelling correction of Mayor Barnett IV. Review of Category C applications Reconstruction of the outer half of the Naples Pier Bill Harrison, Asst. City Manager, Naples made presentation including history of funding the first phase of the reconstruction of the Pier and the future needs. This project is not currently permitted under local ordinance. Moved and seconded to recommend the Board of County Commissioners amend the local ordinance to permit pier reconstruction, to use Category A funds, and to fund over a three year period. Approved unanimously 5- 0 Net Assets (Nuveen) Tennis Tournament Linda Sonders and Henry Brehm made presentation requesting funds for a men's doubles tournament in the fall. Moved and seconded to table the item. Applicant to refine application to reflect advertising for grass mots tournament only and reduce funding amount. Mr. Thirion will work with applicant. Revised request will be reviewed February 3, 1997. Approved unanimously 5- 0. c. July 4~ Fireworks To be reviewed at the special meeting February 3, 1997 Norris _./.._ Hancock ..~ Constantine_/. Iq~c'Kl~ 8err.w I~isc. Trres: ~opies To: 16G 1 IV. Review of Category A applications Harry Huber made presentations a. Caxambas Pass maintenance dredging $380,000 Moved and seconded to recommend funding. Approved unanimously b. T-Groin construction in Capri/Big Marco Pass $363,200 Moved and seconded to recommend funding. Approved unanimously .SO c. Clam Pass maintenance dredging $13,830 Moved and seconded to recommend funding. Approved unanimously 5-.0 .[on Steiger requested the Category A guidelines be revised to eliminate any conflicting language. The TDC will request Board direction to revise Category A guidelines. VI. Revised Category C guidelines Mr. Thirion presented the recommendations of the Subcommittee · Change "verifiable audit" to "accounting verified by the County Internal Audit Department. · Add presentation required to the TDC 90 days after an event. · Applications reviewed twice a year. · Change "emphasis on off-season" to "event shall occur in May to November" · Funds shall be only used for promoting an event. · Prohibits funding events which are exclusively local Moved and seconded to recommend revision to the Board of County Commissioners. Approved unanimously $ - 0 VII. Old business None VIII. New business None IX. Adjourned 7:25 p.m. Tourist Development Council Minutes January 13, 1997 I. Meeting called to order 5:40 p.m. JUL - 7 II. Members attending Mr. Thirion Mayor Barnett Mr. York Councilman Landrum Ms. Butt Chairman Hancock Mr. Dougherty Members absent Mm. Buysse Mr. Stakich Staff attending Heidi Ashton Jean Gansel IH. Discuss amending the Florida Statute to permit tourist tax dollars be used for beach access parking. Tom Olliffmade a presentation requesting the Tourist Development Council recommend amending Chapter 125 of the Florida Statutes by adding a new Section 4 which would allow acquiring property for beach parking and beach access and make capital improvements for beach parking and access. The Beach Committee had recommended amending the Statute if funds were not taken from Category A. The TDC did not believe TDC funds were an appropriate source for beach acquisition. Moved and seconded not to recommend amending the Florida Statute. Approved 5 - 2. Chairman Hancock and Mayor Barnett dissenting. IV. Discuss amendments to existing Category B and C contracts. StafThas proposed amending Category B contracts from a paid invoice to a payment contract. Also clarifications of some inconsistencies in the PGA Category C contract were proposed to be amended. Moved and seconded to recommend amendments proposed with the exception of $32,000 for the PGA in expenses currently undocumented until sufficient documentation is received. Approved unanimously 7 - 0. V. Old Business. Request audit from all grant recipients. VI. New Business. None 7' m VII. Adjourned . Norris _ Hancock , / --- / Constantine 1 ~ac'Kie --'--' · .... Berr) _ l,/ __. RE'.OEIVED JUN 2 3 )997 16G NATURAL RESOURCES MANAGEMENT 735 EIGHTH STREET SOUTH NAPLES, FLORIDA 34102 941-434-4655 FAX 941-434-3059 SUNCOM 974-4655 11 The Beach Renourishment/Haintenance Committee announces a public meeting to which all interested persons are invited. DATE: TIME = PLACE Thursday 26 June 1997 9:00 A.M. 1. Roll Call. Consideration of approval of the minutes of the 05 June com~ittee meeting. Project updates: Water Turkey Bay dredging, sand search, Hideaway Beach T-groins, dune repair/revegetation, upland sand stockpiling contract. TDC guidelines changes and new funding applications. New business. 6o Date and agenda for next meeting, proposed for ~hursday 07 August 1997. 7. Adjourn. roP~L ACTION ~AT BB ?AEEN Og ART X?~ DX~SS~D OR ADDED TO ~IS AGENDA. ~ PE~ON ~ D~XDKS TO Aff~ AUXlLI~Y AIDS ~D S~VIC~ ~ ~lS MEETING ~Y ~L TH~ CI~ ~ERE'S OFFICE AT 434-4701 NI~ REQU~TS AT L~T ~ BUSINESS ~Y~ B~ ~[ ~ETING DATE. For additional information, 4655. J~ Natural Resources Manager JCS%~Ji~\~lchc~\bchO~2 ~, 97 Norris Hancock Constantine I~lc'Kle please contact Jon Staiger at 434- ~isc. C0rres: Date: __~ Copies To: 16G 1' City Council Chamber 735 Eighth Street South Naples, Florida 34102 Beach Rrnoudshment/Maln~nsnce Committee Regular Meeting - June 5, 1997 - 9'.30 a.m. lunnan y on e · toeing to ~ ROLL CALL Presen~ Absent: Also Present: ILichard Lydon, Chairman Frank Blanchard lames Brennan Alexandra Gunderson Hubert Howard Charles Huttinger Bonnie MacKenzie Charles Metz Fred L. Sullivan Michael Williams David Ashbaugh ITEM1 Ion Staiger, Ph.D., Natural Resources Manager Harry Huber. Collier County Capital Projects Manager/Technical Advisor Dr. Michael Stephen, Coastal Engineering Consultants, Inc. Michael Poff, Coastal Engineering Consultants, Inc. Maura Kraus, Collier County Natural Resources Department Molly Reed, Recording Secretary Other interested citizens and visitors 16G Be~ch RenourlshmenVMalnten~nce Committee Regulxr Meeting - June S, 1997 ANNOUNCEMENTS (9:34 a.m.) .......................................... Member MacKenzie commented on Attorney Ted Brown's recent presentation to City Council relating to the Pelican Bay mangrove management plan. She noted two items of' particular intere.e,: I) Pelican Bay Municipal Service Taxing Benefit Districfs intent to control the culverts and flapper gates, reporting only to the Army Corps of' Engineers and Department of' Erivironmental Protection; and 2) the district's attempt to deny boat access to' lower Clam Bay an,'l Clam Pass. Councirs reaction to both concepts, she added, was unfavorable and Member Sullivan concurred. Member Brerman relayed his impressions after inspecting the beach with Natural Resources Manager ,Ion Staiger, and described current beach conditions as good. lie urged the Committee, however, to continue its monitoring efforts. In response, Dr. Michael Stephen of Coastal Engineering Consultants, Inc. stated that periodic monitoring surveys are required and are reported through Collier County and the Committee to the D.E.P., Army Corps of Engineers, etc. Member MacKenzie then recommended contacting the local newspaper in order to publish an update(s) on beach conditions and renourishment. CONSIDERATION OFAPPROVAL OF THE MINUTES OFTHE 01 MAY 1997 COMMITTEE MEETING. As a follow-up to the prior meeting, Chairman Lydon reported that Natural Resources Manager .Ion Staiger had written to Vince Cautero expressing the Committee's opposition to a proposed boat dock. (See page 2 of the 5/1/97 Meeting Minutes). Chairman Lydon further requested that the issue of Tourist Development Council changes be added to the Sune 26, 1997 Committee Meeting agenda. MOTION by Blanchard to APPROr THE MA Y 1 1997 MEETING MIN~. seconded by Sullivan and carded 10-0; (Ashbaugh-absent, Blanchard-yes, Brennan-y es, G under~ on.y e~, Haw ard-y es, Huttlng et~ yes, MacKenzie-yes, Metz- yes, Sullivan-yes, ~'illlanu.yes, Lydon-yes) PROJECT UPDATES: WATER TURKEY BAY/SOUTH CHANNEL DREDGING, OFFSHORE SAND SEARCH, HIDEAWAY BEACH T-GROIN INSTALLATION, CAXAMBAS PASS DREDGING, WOOD-PILE GROIN RECONSTRUCTION. Water Turkty Bay/South Channel Dr~dglng: Collier County Capital Projects Manager/Technical Advisor Hany Huber reported that he had drafted a response to address most of the permitting agency's requests for additional information. Mr. Huber said he would meet with Commissioner Tim Hancock and Tom Olliff regarding spoil disposal sites in order to determine whether the south side of Bluebill Avenue would be used. Chairman Lydon relayed that Attorney Kim Patrick Kobza had withdrawn his personal objections; however, he said a meeting with Flamingo Avenue residents was still necessary. Mr. Huber commented on possible alternative disposal sites but noted associated increased costs. Dr. 2 Beach Renourishmen~alntenance Committee Regular Meeting - June 5, 1997 Michael Stephen, of Coastal Engineering Consultants, Inc., explained the methodology for computing spoil material disposal costs and said six or seven alternate disposal options/sites had been analyzed. Additionally, Dr. Stephen described alternative methods for spoil material disposal. In assessing whether to use the Bluebill site for this purpose, he added, the County must consider: 1) whether the resulting parking lot is desired; 2) whether fill is necessary for the lot sincr, existing grade is essentially equal to the road; and 3) the concerns of the area residents. Mr. I-!.uber also provided meeting summary notes from the May g, 1997 meeting with Attorney KoSza. (A copy of this material is contained in the file for this meeting in the City Clerk's Oi~ce.) O.~,shor~ Sand Senrth: Dr. Stephen reviewed the J'une 4, 1997 transmittal from the Depas~ment of Environmental Protection which rejected the use of the Big Marco/Ca, ri Pass ebb shoal as a sand source. (A copy of this material is contained in the file for this meeting in the City Clerk's Office.) Based on this response, he added, the County will decide whether to proceed in seeking an alternative of T.~hore sand source. Additionally, M~'. I-Iuber described those applications scheduled for Tourist Development Council consideration in July. Hideaway Beach T-Groin Installation: Mr. Huber reported that permits were in hand and conslTuction would commence on June 16th. The anticipated period of con~rucfion is six weeks. In response to Member I-Iutfinger, Mr. Huber confirmed that the Army Corps of Engineers had recommended a requirement to remove the longitudinal sand bags. The Committee then discussed scheduling a meeting with the U.S. Fish & Wildlife Service representatives regarding ibis requirement and Member Blanchard suggested that this discussion take place during the July Marco Beach Committee Meeting. C. axnmbas Pass Dr~dging: Dr. Stephen informed that Committee that the permit had been extended through May 16th and the project was now complete. The project proceeded according to plans, he added, and monitoring surveys were in progress. In response to the Committee, Dr. Stephen predicted that offshore underwater shoaling trends would help support the beach profile and it was noted that no instances regarding sea turtles or manatees were reported during the project. Member Huttinger expressed concerns about ponds forming in the area of the Marbella Club, to which Dr. Stephen suggested either filling or regrading this portion of the beach after sea turtle nesting Wood-Pile Groin Reconstruction: Dr. Stephen provided the Committee with a copies of a Letter of Transmittal which outlines the documentation to be submitted to Frank Blumeyer, pursuant to his request. (A copy of the material referenced by Dr. Stephen is contained in the file for this meeting in the City Clerk's Office.) Dr. Stephen also provided an overview of efforts to rebuild the groins and offered his office's assistance to Mr. Blumeyer. In response to Member Gunderson, Mr. Huber explained how rocks removed from the beach by the BeachTech 3000 were used in highway paving. Dr. Staiger also noted ways in which the City uses the recovered rock in its horticultural landfill operation. Dr. Staiger displayed an old, Beach l~nourlshment/Malntenance Committee Regular Meeting - June 5, 1997 armored cable which had washed ashore to illustrate one of difficulties encountered by the BeachTech 3000. REPORT ON DUNE REPAIR/REVEGWrATION NEEDS. Dr. Mtchael Stephen, of Coastal Engineering Consultants, Inc., reported their as much as I g inc)',es of increased dune elevations had occurred in successful areas of belch revegetation. The objective now, he explained, is to quantify needed vegetation replacement/maintenance and to ioentify new areas which could benefit from dune vegetation. As such, Tourist Development Council funds will be sought for maintenance of the dune vegetation. Dr. Stephen indicated that he was pleased with the results to date with approximately one-half of the dune revegetation still remaining and effective. He also noted that the area south of Doctor's Pass (north of the Naples Beach Hotel) as well as the newly restored Park Shore Beach may benefit from revegetation. Dr. Stephen stated that cost estimates were underway for additional revegetation in order to request TDC funding and suggested further discussion on this issue at the next Committee Meeting. In response to Member MacKenzie, Dr. Stephen indicated that natural irrigation would be sufficient and confirmed for Member Brennan that revegetation of sea oats at Horizon Way was not covered under the contractor's warranty. Member Gunderson reasoned that since revegetation does not require permitHng, it may be the most cost efficient alternative to restoring dunes. She further suggested planting the sea oats in a more natural, salient pattern in order to maximize the wind's effects. The prospect of varying the vegetation and associated costs were also discussed and Member Gunderson observed that funding revegetation would be a wise investment. Natural Resources Manager .Ion Staiger then commented that those property owners who previously refused revegetation should be contacted again. DISCUSSION OF CENTRAL ARCHIVE FOR BEACH PROJECT INFORMATION. Dr. Michael Stephen, of Coastal Engineering Consultants, Inc., referred to his May 22, 1997 memorandum and updated the Committee on an organizational meeting at which he, Natural Resources Manager .Ion Staiger, Bob Chartrand, Member Blanchard, and Harry Huber had discussed potential approaches for the archiving beach information. (Attachment 1) The initial approach would be to locate and index relevant documentation for future, easy access. Committee Members commented that the documents should be copied in order to insure retention and Member Howard suggested forming a review committee to decide which documents can be discarded. Chairman Lydon then urged continued efforts to establish such an archive. ~ a.m. to 10- rs were present when the meeting reconvened. REPORT ON UPLAND SAND STOCKPILING CONTRACT. Collier County Capital Projects Managerfrechnical Advisor Harry Huber reported that currently two sand sources are identified and approved by the Department of Environmental Protection. 4 Beach Renourlshment/~alntenance Committee Regular Meeting - June 5, 1997 A draft contract is in place, pending a final decision regarding the sand source. Mr. Huber reported that total costs for either site were essentially equal (approximately $11.00 per cubic yard); however, Member Howard suggested selecting the company with the better business histor,.. Chairman Lydon noted that these costs had increased since original approval to stockpile the ~and, but also stressed that this operation should proceed as soon as possible. Additionally, he suggested Committee review of the contract at the next meeting. Duri.ng further discussion, Dr. Michael Stephen, of Coastal Engineering Consultants, Inc., suggested the alternative of decreasing the amount of cubic yards stockpiled in order to stay within budget. by Collier County Capital Projects Manager/Technical Advisor Harry Huber and requested the spreadsheet budget by the June 26th Committee Meeting. (A copy of the information provided ~y Mr. Huber is contained in the file for this meeting in the City Clerk's Office.) During the Committee's review of this data, Mr. Huber provided additional information regarding the Board- approved new projects and the 3% remitted to the Collier County Tax Collector. DISCUSSION OF APPLICATION FOR TDC FUNDS TO REBUILD THE OUTER HALF OF THE NAPLES PIER. Chairman Lydon referred to City Manager Richard Woodruff's May 28th letter and questioned how the Committee could consider this issue since it pertains to Category B fun~. Collier County Capital Projects Manager/Technical Advisor Harry Huber, however, referred to Collier County Ordinance 97-21 which now designates ¢c~egory D funds for repairs of publicly owned fishing piers. (A copy of this material is contained in the file for this meeting in the City Clerk's Office.) Member MacKenzie also questioned whether the Committee's purview extended to the newly created Category D to which Mr. Huber pointed out that the ordinance (Page 2) specifies that Category D funds are derived from Category ^. Member MacKenzie, however, reiterated that the Committee has no specific authority over Category D funds and Chairman Lydon suggested delaying this discussion in order to revise TDC Guidelines to include Category D. MOTION by Blanchard to ~PPROVE THE EXPENDITURE AND THE ,4 PPLICA 270N SUBJECT TO 7~7tE COMMITT~EEI$ LEGAL RIGHT TO MA KE SUCH A MOTION AND SUBJECT TO THE COUNTY ATTORNEY:~ Cl~4RIFICA270N AND APPROVAL: seconded by Sullivan and carried 1~0. (Ashbaugh. ab~ent, Blanchard-yes, Brenna~ye~, Gundeno~ye~, Howard-yes, Hut~'ngemyes, MacKenzie-yes, Met~-ye~, Sulliv~yes, Williams-yes, Lydo~yes) esources Department, to address the Committee. Ms. Kraus noted that, at the suggestion of Commissioners Mac'Kie and Constantine, the Collier County Board of Commissioners were scheduled to discuss privatization of the Sea Turtle Monitoring Program on .lune lgth. Ms. Kraus requested Committee support in order to maintain the present monitoring operations and pointed out difficulties associated with privatization. This includes the annual bid requirement, the potential for delays, and the lack of Beach RenourlshmenflVta~n~nance Committee Regular Meeffng - June 5, 1997 any approved entities to operate the program. Chairman Lydon suggested a letter of support from the Committee in order to keep the Sea Turtle Monitoring Program with the County, and Member Howard requested that Ms. Kraus provide the Committee with a written outline or summary of her position from which the Committee Members may approach their Commissioners. Addi:ionally, Member Blanchard suggested that Ms. Kraus include cost comparisons in her sur:,mary and Member Williams recommended an outline of consequen, ces'of an inadequate nonitoring program. Mr. Huber then cautioned that privatization could jeopardize the program's e,"ficiency and it was also noted that cost savings from privatization could be lost in related administrative costs. Dr. Staiger further cautioned that sea turtle monitoring is a permit requirement. Unless the program is in place, he added, the state would not participate in future beach renourfshment projects. Likewise, Member Metz noted the importance of continuity of in;ormation. ,',is. K.raus then distributed Weekly Sea Turtle Monitoring Results (May 29 - June 4) and Dr. Staiger reported turtle nesting activity on the newly restored Park Shore Beach. (A copy of this material is contained in the file for this meeting in the City Clerk's Office.) ROPOSED FOR THURSDAY 26 ,I-UNE 1997. In addition to the items previously discussed, Member Huttinger requested future consideration regarding the installation of telephone call boxes on Marco Island Beaches. ADJOURN 11:46 .................................................... ITEM 9 a.m. 0~~ by Sullivan to ~.~. teconded by alfacJ~en~te and carried I0-0. (/Ishbaugh-absent, Blanchard-yet, Brenna~ye~, Gundet~on.ya~, Howard-yr,, tluttinge1~ye% MacKen:le-ye% Met~.ye% Sullivan-ye~, tFilliaznt-ye~, £ydon-yes) RICHARD LYDON, CHAIRMAN Prepared by: JON C. STAIGER, PH.D. Natural Resources Manager Virginia A. Neet Deputy City Clerk Minutes approved: AGENDA COLLIER COUNT~ PLANNING COMMISSION WILL MEET AT 800 A.M., THURSDAY, JULY 17, 1997 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, EAST NAPLES, FLORIDA: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF TEIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEKEFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WTLL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. ROLL CALL BY CLERK ADDENDA TO THE AGENDA APPROVAL OF MINUTES: June $, 197 PLANNTNG COMMISSION ABSENCES: BCC REPORT CHAIRMAN'S REPORT Misc. Cortes: Date: ~ Item, Copies To: 7. ADVERTISED PUBLIC HEARINGS: Petition No. CU-97-12, United Cerebral Palsy of Southwest Florida, Inc., requesting Conditional Use "I" of the "I' Industrial zoning district for adult da), care for property at 1787 Trade C.~ntcr Way, further descn~oed as Lots 54 & 55, Trade Center of Naples, in Section ! 1, Township 49 South, Range 25 East, Collier County, Florida, consisting of 1.23 acres. (Coordinator:. Chahram B·damtchian) (Continued from ,lone 5, 1997) (WI'I'HDRAWN) Petition No. BD-97-15, $~-~Ty Ne·l of Turmll & Associ·tes, Inc., rep~senting Dch P~,tc South, Inc., requesting · 45 foot boat dock extension from the required 20 feet to ·flow · boat dock facility with 16 slips and lifts protruding 65 fcet into the waterway for property located at 1020 Collier Boulevard South, fi~rther descn'bed ts Lot 3, Block 587, Marco Beach Unit 21. Coordinator:. Chahram Badamtchian) (Continued from June 5, 1997) C. Petition No. R-97-3, Cotmmmity Development & Environmental Services Division, representl-g the Collier County Board of County Commissioners, requesting a rezone from "PUD" Planned Unit /Development to "E' Estates for the Island Pines Garden PUD located immediately south of the ~orr t $ _ if/ C?~m~ maintenance facility on County Barn Road, in Section 8, Township 50 South, Range 25 Eas~, HancoCk ~/ ~mis~/n~ of 10 acres, more or les~. (Coordinator:. Fred RciscM) C~st&ntine_ ~ Eo Go Petition No. PUD-82-33(I), Michael R. Fernandez, AICP, of Planning Development Incorporated. representing Harig Manufacturing ~tion, reques~g a rezone from PUD to PUD known as "Wiggins Bay" for the purpo~-s of eliminating commercial land ~e~ on commercially designated u-act and replacing same with a seven (7) story residential building(s) containing 56 dwelling units for propo'ty located on L~ southeast corner of the intersection of Vanderbilt Drive and Wiggins P~s Roa& in Section 16, Township 48 5ouflz, Range 25 East, Collier County, Florida, consisting of 148.26 acres. (Coordinator:. Ron Nino) Peftion No. PUD-97-4, Blair A. Foley, P.E., of Coastal Engineering Consultants, Inc., representing Eugene Thrushmtn requesting a rezone from "A' Agriculture to 'PUD" Planned Unit Development for 36 villas and a recreational pool area to be known as Marker Lake Villas for proper~ located on Vanderbilt Beach Road Extemion in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consi.~ing of 12.06 acr~. (Coordinator:. Ron Nino) Petition No. PUD-97-5, William L. Hoover, AICP, of Hoover Planning Shoppe, representing Smiths, Sykes/Bloom, Ryndetx/Hoover requesting a rezone from "A' Agricultural to 'PUD" Planned Unit Development to be known as Zurich Lake villas for 294 condominiums at a density of 6.61 units/per acre for property loca~ad approximately thee-quarter; mile south of lmmokalee Road (C.R. 846), adjacent and on the east side of the en.vtern boundary of the 1-75 right-of-way, in Secfon 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of 44.5 acres, more or less. (Coordinatoc. Ray Bellows) Pctition No. PUD-97-g, Bill Hoover of Hoover Planning Shoppe, representing Northbrooke Development. Ltd., Bonito Ca.nde Hotel Corporation and Land Trust 5405, Richard IC Bennett, Trustee, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Cypress Woods Golf & Country Club, for · mixed residential and £olf course mas~ planned corrammity for property located north of Immokalee Road and irranediately contiguous the east side of Inter. ate Highway 75 in the east portion of Section 18 and 19, Township 48 South, Range 26 East, Collier County, Florida comisting of 283 acres, more or less. (Coordinator:. Ron Nino) Petition No. CP-97-I, Marco Island Small Scale Plan Amendment (Coordinator:. Debrah Preston) 8. OLD BUSINESS 9. NEW BUSINESS I0. DISCUSSION OF ADDENDA 11. AD$OURN 7-1%97 CCTC AGENDA/md 2 1 6G June 5, 1997 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, June 5, 1997 LET IT BE REMEMB~, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in ~ SESSION in Building "F" of the Government Come, lex, East Naples, Florida, with the following members present: -ALSO PRESENT: Michael Davis Michael Bruet Donald York Edward Oates Michael Pedone Gary Wrage Fred Thomas Russell Budd Rich Nelson Marjorie M. Student, Assistant County Attorney Bob Mulhere, Current Planning Manager Page i · 16G t' AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JUNE 5, 1997 IN THE BOARD OF COUNTY COMM/SSIO~ MEETING ROOM, ADM/NISTRATION BUILDING, COUNTY GOVERNMENT CENTEP,, 3301 TAMIAM/TRAIL EAST, EAST NAPLES, FLORIDA: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A KECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VEP,.BATIM KECOKD OF THE PROCEEDINGS IS MADE, WHICH KECOP, D INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MA~ USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PA~T OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 5. 6. 7. ROLL CALL BY C/.ERK ADDENDA TO TKE AGI~qDA APPROVAL OF MINUTES: April 17, 1997, April 30, 1997 ~nd May 1, 1997 PLANNING COMMISSION ABSENCES: Bce KEPORT CHAIRMAN'S REI~)RT ADVERTISED PUBLIC HEARINGS: Ao Petition No. PSP-97-2, Bl~lr A. Foley of Coas~ Eniincc~~ Consultants, Inc., rcprcscnfing R~wco Hoidin~ Inc., mlUCStin~ Prclhnin,uy Subdivision l~t spprov~l for Glcu Eckn Lakcs loc~xi on Vand~bilt Drive (C.R. ~01) in ~ wesm, n half of fl~ ViHa~ Plac~ PUD, i~ Section 9, Township 48 South, Range 2~ Ea~ consisthi of 41.64 acr~. (Coordin~m. Ray Bellows) (Continued from May Petition No. BD-97-12, Wayne Furfey of Omom Dock & Raptir, Inc. r~nesenting Waiter Decker, reque~t/ng · 5 foot boat dock extendon to allow fora 25 foot bo,t dock and bo~t lift for Im~perry located at 170 Dan R/vet Court, ~ de~m~ed a~ Lot 17, Block 60, Marco Beach, Unk 2. (Coord/~m. Susan Yun~y) Co Pet/t/on No. BD-97-13. Donald P. R/cc/, Ir., of Mazco Mar/ne Consu'ucfion, r,:prescnt/ng Donald E. Glesmann, requesting a 13 foot bo~t dock extension for · 33 foot bo~t dock and bo~t lift for lm~rty located ,t 731 Aust/n Court, furtl~ descn'oed as Lot 15, Block 3~!, Marco Beach Unit 12. (Coordinaton. Rosa Oochenaur) 16G 1. 9. 10. 11. Petition No. CU-97-12, Unlt~d Cer,."b~ Pttsy of Southv~st ~ Inc., ~ C. onditio~ Use "I" of t~ 'T'/.ndmtr~ zonin$ distr~ for adult day cat~ for ln'operry at 1797 Trnde Cent~' Way, further ~ as Lots 54 & $5, Trad~ Cem~ of N~les, in Section 11, Township 49 Sou~ R.mge 2~East, Col~rCounty, Florida,~t~ngofl.23acr~. (Coontizat~. CEalr~l~lam~) OLD BUSINF. SS NEW DISCUSSION OF ADDENDA ADJOURN 6-5-97 CCPC AGENDA/md 16G 1. June 5, 1997 CHAIRMAN DAVIS: Call this meeting of the Collier County Planning Commission to order. Begin by calling the role. Mr. Nelson and Mr. Budd and Mr. Thomas are all three excused. Mr. Bruet. COM~ISSIONER BRUET: Present. CHAIRMAN DAVIS: Mr. Davis here. Mr. York. COMMISSIONER YORK: Here. CHAIRMAN DAVIS: Mr. Oates. COMMISSIONER OATES: Here. CHAIRMAN DAVIS: Mr. Pedone. COMMISSIONER PEDONE: Here. CHAIRMAN DAVIS: And Mr. Wrage. COMMISSIONER WRAGE: Here. CHAIRMAN DAVIS: Any addenda to the agenda? We have approval of three sets of minutes before us. COMMISSIONER OATES: Mr. Chairman, I move we approve the minutes of April 17th, April 30th and May 1st, 1997. COMMISSIONER BRUET: Second. CHAIRMAN DAVIS: Motion by Mr. Oates for approval, seconded by Mr. Bruet. All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: Carries unanimously. Reminder, our second meeting in June, as you may rec&ll, is cancelled, and our first meeting in July is going to be in Immokalee, and I know Mr. York is going to be on vacation for that meeting. Anyone else that's got a conflict? Great, thank you. -COMMISSIONER OATES: Mr. Chairman, will that be at the new center where they have -- CHAIRMAN DAVIS: At the ag. research center. MR. MULHERE: I think it's at the IVES. CHAIRMAN DAVIS: Oh, at the IVES, okay. COMMISSIONER PEDONE: And where is that located? MR. MULHERE: It's on 29, and you head through Immokalee and out 29. It's on your left-hand side about a mile or two out of town. COMMISSIONER OATES: It's right across from Silver Strand. COMMISSIONER PEDONE: North Grove, right, Mike? COMMISSIONER BRUET: I believe so. CHAIRMAN DAVIS: Everybody knows where that is. Mr. Wrage's office is close by. He'll probably bring the coffee. COMMISSIONER WRAGE: I'll probably be at work. MR. MULHERE: We do have some potentially significant petitions or petitions of interest on that agenda, so we will probably have some members of the public. The Twin Eagles Golf Course petition is, at least at this point, scheduled for that date. CHAIRMAN DAVIS: Right, okay. MR. MULHERE: I was just informed that Item N -- we received a phone call from the applicant, and he wishes to withdraw that petition. I -- I -- I would like to have that in writing, so maybe we Page 2 June 5, 1997 would continue it and then withdraw it just in case something comes up. I don't have anything in writing. I have a phone call. CHAIRMAN DAVIS: Okay. Why don't we -- why don't -- COMMISSIONER YORK: 'N" as in Nancy? HR. MULHERE: Yeah. CHAIRMAN DAVIS: The CU-97-12, probably the best bet would be to continue it to our first meeting in July. HR. MULHERE: Right, then we'll withdraw it when we get it in writing. COMMISSIONER YORK: So moved. COMMISSIONER OATES: Second. CHAIRMAN DAVIS: A motion by Mr. York to continue CU-97-12 to our first meeting in July, seconded by Mr. 0ares. Discussion? All those in favor, signify by saying aye. All rightee. And we have a request from the petitioner on Item H due to a conflict with an Airport Authority meeting to move it to the beginning. Would there be any -- COMMISSIONER YORK: I'll move so. COM/4ISSIONER OATES: Second. CHAIRMAN DAVIS: Motion by Mr. York, seconded by Mr. 0ares. All those in favor, signify by saying aye. BCC report, I know the board last night did their final approval of the LDC amendments. Any significant changes from what we reviewed, Mr. Mulhere? HR. MULHERE: Well, the only, I think, significant change was that within the Marco Island overlay district -- there were really two. One, as you may recall, there was a proposal to allow a full range of C-5 uses on several vacant lots along Bald Eagle Drive, and that-was taken out, but at the direction of the board, until we can do a more comprehensive review of each of the commercial districts and then maybe look at some of the uses, but certainly not all of the uses being appropriate there of the C-5 district, and then the other significant change was that the planning commission's final recommendation for a time frame for on premise commercial signs in which they would have to adhere to the new code was five years, and the board reduced that to four years. The board had several residents of Marco Island request three years, and I guess, basically, they took the middle of -- middle of the road approach and agreed on four years. So, we put in a time certain of June 15th, 2001 in which those signs would have to conform to the code. With four years, I think, you know, probably quite a few of them will naturally end up being replaced and conforming, so there will be less of a burden, I think, on the business owners. CHAIRMAN DAVIS: Okay, great. Thank you. All rightee. Moving into our advertised public hearings, Petition PDI-97-2, Moorings Park PUD master plan. I'd ask all those present here today that are going to testify on this petition to please rise, raise your right hand so the court reporter may swear you in. (The speakers were sworn). Page 3 16G -1' June 5, 1997 CHAIRMAN DAVIS: Ms. Murray. MS. MURRAY: Susan Murray for the record. Moorings Park PUD is 82.946 acres in area, and it's located approximately a half a mile so~lth of the intersection of Pine Ridge Road and Goodlette Road on the east side of Goodlette Road. The amendment to the proposed master plan proposes to eliminate the site specific locations for the approved uses of the original master plan which was approved in the late 1970s and will replace the master plan with more of a bubble type of diagram just showing general uses of future locations. The site is approximately 50 percent built out. The applicant plans also to relocate the health center use from the existing health center building located in the northwest portion of the site to a new building located in the southwest portion of the site, and that original health center building will be converted to a core building. What originally was shown as a core building located in the center of the site will become an accessory clubhouse structure. A general type of site plan will allow the applicant flexibility in placing structures and uses and internal streets on the site consistent with the current market conditions and the needs of the facility at the time of development. There are no additional rooms, units or uses being proposed, and there is no proposed change in the boundary of the PUD. For those reasons, staff recommends approval. CHAIRMAN DAVIS: Any questions of Ms. Murray? Any questions of the petitioner? Anyone else here that would like to speak on this petition today? -Were you sworn in, sir? MR. LYNCH: Yeah, I raised my hand. CHAIRMAN DAVIS: Okay. Please come to the microphone, and if you would, state your name for the record. MR. LYNCH: My name is Austin Lynch. I live at 1522 Northgate Drive. The Moorings have been -- I live directly behind the maintenance yard. You never hear when somebody does a good job. The Moorings does do a good job. I've never had a complaint with them in the last two and a half years living there. I'm also president of the Northgate Homeowners' Association, and we only had one call on the issue, and it was just by information. Good luck. CHAIRMAN DAVIS: Thank you. Thank you, sir, for taking the time to come today to be supportive. Usually, it's the other way around. We appreciate that. Anyone else? Close the public hearing. COM/4ISSIONER BRUET: Mr. Chairman, I recommend that we approve Petition PDI-70 -- 97-2, Moorings Park PUD master plan as proposed by staff. COM1Z/SSIONER OATES: Second. CHAIRMAN DAVIS: Motion of approval by Mr. Bruet, seconded by Mr. Page 4 1. June 5, 1997 Oaths. Discussion on the motion? Ail those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: That carries unanimously. MS. CAWLEY: Thank you, and I also thank you for taking me out of order. I appreciate that. CHAIRMAN DAVIS: And we wish you all the luck in the world at your Airport Authority meeting. CO~MISSIONER YORK: I hope it goes as smooth. CHAIRMAN DAVIS: Petition PSP-97-2, Glen Eden Lakes. Mr. Bellows. MR. BELLOWS: For the record, Ray Bellows of current planning staff. CHAIRMAN DAVIS: I'm sorry, the swear in. Would all those here today that want to testify on this petition please rise, raise your right hand so the court reporter may swear you in. (The speakers were sworn). CHAIRMAN DAVIS: I'm sorry. Go ahead, Mr. Bellows. MR. BELLOWS: Presenting Petition PSP-97-2, Blair Foley requesting a preliminary subdivision plat for the purposes of subdividing subject property known as Tracts i and 2 of the Village Place PUD into 102 cluster housing lots. The proposed Glen Eden subdivision establishes a minimum lot size of 3,000 square feet with a minimum lot area of 40 feet. The provided lot area is 6,000 square feet and the provided lot area is 48 feet, and the setbacks are 20 feet in the front, 20 in the rear and zero and six on the sides. --Petitioner is also requesting substitutions that affect the design to the subdivision. We were requesting the sidewalks on one side of the cul-de-sacs and a reduced sidewalk width of four feet. It's Staff's opinion that if sidewalks are allowed on one side of the street, staff is not supportive of the four foot sidewalk and recommends that a five foot sidewalk be provided in that case. No letters have been received for and against this petition. Staff is, therefore, recommending that the Collier County Planning Commission recommend or approve Petition PSP-97-2. I'll be happy to answer any questions. CHAIRMAN DAVIS: Any questions of Mr. Bellows? Any -- petitioner? MR. FOLEY: Good morning. Blair Foley for the record. I do have one change I'd like to make. There's a typo on Page 3, if you would, in your package under the yard requirements. The front yard for cluster housing -- COMMISSIONER YORK: What paragraph are you reflecting? MR. FOLEY: It's basically in the table, midway -- about a third of the way down the page under criteria evaluation, third paragraph, if you will, yard requirements, front, rear, side. It says 30 for the front. It's actually a 20 foot pursuant to the existing PUD document. Ray and I talked earlier in the week. That's the only change I have. Page 5 16G June 5, 1997 We have no problem putting a five foot sidewalk in instead of a four foot. .COMMISSIONER OATES: So, that should be 20, 20 and zero or six? MR. FOLEY: Correct. CHAIRMAN DAVIS: That's fine, Hr. Bellows? MR. BELLOWS: Yes. CHAIRMAN DAVIS: Okay. Any questions of Hr. Foley? Anyone else here to speak on this petition today? Close the public hearing. COMMISSIONER YORK: Hr. Chairman, I move we approve PSP-97-2 with the correction that has been made by the petitioner. COMMISSIONER BRUET: Second. CHAIRMAN DAVIS: Motion of approval by Hr. York. COMMISSIONER OATES: And with the sidewalk of five feet. COMMISSIONER YORK: Yes, oh-huh. CHAIRMAN DAVIS: Yeah, that would include the staff recommendation. Motion of approval by Hr. York, seconded by Mr. Bruet. Discussion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: That carries unanimously. MR. FOLEY: Thank you. CHAIRMAN DAVIS: Thank you. Let's see, Petition BD-97-12, I'd ask all those here that are going to testify on this petition to please stand, raise your right hand so that the court reporter may swear you in. (The speakers were sworn). -CHAIRMAN DAVIS: Thank you, and with the recent change in the land development code prior to boat dock petition or extension petitions, I am going to be reading the following: the applicant should be aware that this boat dock petition may be appealed by an affected property owner within 14 days of this hearing, and therefore, the applicant proceeds with construction at his own risk during this period if approved by this board. Ms. Murray. MS. MURRAY: Susan Murray for the record. I've provided pictures if you want to follow along. The petitioner has an existing L shaped dock and lift which extends 20 feet into a waterway which is approx~-~tely 150 feet wide. The petitioner proposes to add a five foot wide dock structure parallel to the existing dock at the water side end creating a horseshoe shaped structure to allow the petitioner access to the west side of the moored vessel. The requested extension meets the criteria for a boat dock extension in the land development code, and staff recommends approval subject to the stipulations in the resolution. Any questions, I'd be happy to answer. CHAIRMAN DAVIS: The pictures are a nice addition. Thank you, Ms. Murray. Page 6 June §, 1997 COMMISSIONER YORK: Worth a thousand words. CHAIRMAN DAVIS: Any questions of staff? Any questions of the petitioner? Petitioner have anything to add, Mr. Furfey. MR. FURFEY: Good morning, commissioners. Wayne Furfey, Custom I Just wanted to add that this was the minimum amount that we could go out. Mr. Decker is handicapped, so for him to have safe access on the outside, it was the minimum amount that we could use. CHAIRMAN DAVIS: Okay. It seems pretty straightforward. Thank yOU. Anyone else to speak on this petition? Close the public hearing. COMMISSIONER OATES: Chairman, I move we approve BD-97-12 subject to the staff stipulations. COMMISSIONER YORK: I'll second. CHAIRMAN DAVIS: Motion by Mr. 0aCes of approval, seconded by Mr. York. Discussion on the motion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: Carries unanimously. Petition BD-97-13. COMMISSIONER YORK: I don't see a petitioner. MR. REISCHL: Good morning, commissioners, Fred Reischl presenting the petition -- CHAIRMAN DAVIS: Excuse me, Fred. Ail those here that are going to testify on this petition, please stand,'raise your right hand so that you may be sworn. (The speakers were swornl. CHAIRMAN DAVIS: Fred, I notice the petitioner is not here this morning. It seems like a pretty straightforward issue. MR. REISCHL: I'm presenting this petition for Ross Gochenaur. COMMISSIONER YORK: There he is. CHAIRMAN DAVIS: Oh, okay. Please go right on ahead -- COMMISSIONER YORK: Do you want to swear him? CHAIRMAN DAVIS: We'll see if he needs to testify. MR. REISCHL: This is a request for a boat dock extension on Marco Island for a total 33-foot projection into the water; a lot with 124 feet of water frontage for two boats, a 28-foot and a 38-foot boat. I received one phone call requesting some of the graphics. faxed those, and there was no response after that, and I did receive a. letter of no objection, and staff recommends approval. CHAIRMAN DAVIS: It seems to be pretty much in line with what exists around it. MR. REISCHL: Yes. COMMISSIONER YORK: There's plenty of waterway. CHAIRMAN DAVIS: Any questions of staff? Does the petitioner have anything to add? Page 7 16S .I June 5, 1997 MR. RICCI: Not unless you have any questions. CHAI~ DAVIS: We have no questions. The petitioner or anyone el~e to speak on this today? Close the public hearing. COMMISSIONER BRUET: Mr. Chairman, I recommend we approve Petition BD-97-13 as stipulated by staff. COMMISSIONER OATES: Second. CHAIRMAN DAVIS: A motion by Mr. Bruet of approval, seconded by Mr. Oates. Discussion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: That carries unanimously, and I'll read to the petitioner that you should be aware that this boat dock petition may be appealed by an affected property owner within 14 days of this hearing, and therefore, the applicant proceeds with construction at his own risk during this period. If you have any questions on that, I'm sure Mr. Mulhere can answer them for you. Petition BD-97-14, an encore performance by Mr. Reischl. I'd ask all those here today that are going to testify on this petition to please stand and raise your right hand so that you may be sworTI. (The speakers were sworn). CHAIRMAN DAVIS: Do you do too, Mr. Scofield? COMMISSIONER YORK: I thinkhe had his hand up. MR. SCOFIELD: I was talking. Which one? MR. REISCHL: This is yours. MR. SCOFIELD: Okay. I do. CHAIRMAN DAVIS: Thank you. '-Mr. Reischl. MR. REISCHL: Fred Reischl, planning services. This is a request for a boat dock extension within the Lely Barefoot Beach PUD for a 35 foot total protrusion into the waterway. The lot has 70 feet of water frontage for a -- the extension is for a 28 foot boat, and I did not receive any calls or letters in favor or opposed, and staff recommends approval. COMMISSIONER YORK: Fred, what's the width of the waterway there? MR. REISCHL: It's over 300 feet -- COMMISSIONER YORK: Okay. Thank you. MR. REISCHL: -- at this portion. CHAIRMAN DAVIS: Questions of staff? Questions for petitioner? MR. REISCHL: Excuse me, 200 feet. CHAIRMAN DAVIS: Thank you. Anyone else here today to speak on this petition? Seeing none, I'll close the public hearing. COMMISSIONER YORK: Mr. Chairman, I move we recommend BD-97-14. COMMISSIONER OATES: Motion to approve it? COMMISSIONER YORK: Approve it, yeah. COMMISSIONER PEDONE: Second. CHAIRMAN DAVIS: Motion of approval by Mr. York, seconded by Mr. Page 8 i6G 1' June 5, 1997 Pedone. Discussion? Ail those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: That carries unanimously. Mr. Scofield, I assume you've heard my statement about the new 14 day appeal time process? MR. SCOFIELD: Yes. CHAIRMAN DAVIS: Thank you. BD-97-15, Mr. Badamtchian. Would all those present here today that are going to testify on this petition, please stand, raise your right hand. (The speakers were sworn). MR. BADAMTCHIAN: Good morning, commissioners. I believe Mr. Scof[eld has something to tell you before I start. CHAIRMAN DAVIS: I'm sorry. Please -- MR. SCOFIELD: Yeah, Miles Scofield with Turrell & Associates representing the Dela Park, the owner, South. We are requesting for a continuance at this time. I met -- just recently found out -- Jerry Neal and I are representing the owners, and I talked to Chahram. I came into this a little late, but Jerry wasn't aware of all the letters. Chahram received quite a few letters in opposition to this project and neither one of us have had a chance to get the letters, look them over, see what the concerns are. At this time, we would like to get those letters from Chahram, go over them and see if there is anything we can address beforehand, and we ask for a continuance so we can address the issues and be a little bit better prepared for that if that's okay. CHAIRMAN DAVIS: It seems to make a lot of sense to me. -'-MR. MULHERE: Yeah, I think that's -- I just wanted to mention -- just to let you know that the planning commission will be off, that they are taking a vacation at their next meeting, so the following meeting -- COMMISSIONER YORK: July 5th. MR. MULHERE: -- is in Immokalee~ July 3rd. MR. SCOFIELD: Is there a subsequent meeting after that that's in two weeks? MR. MULHERE: Yeah, I would rather have -- I would rather have it here, and that would be July 17th. COMMISSIONER YORK: August 17th. MR. MULHERE: No, July 17th. MR. SCOFIELD: Okay. Well, let me confer with the owners and make sure -- I will get back to Chahram within a day or two of that. CHAIRMAN DAVIS: Ms. -- MarJorie. MS. STUDENT: Mr. Chairman, perhaps it would be helpful if the members of the commission could state for the record any ex parte communications also they may have received in this regard to assist Mr. Scofield. CHAIRMAN DAVIS: I received none. COMMISSIONER YORK: None. COMMISSIONER PEDONE: None. Page 9 June 5, 1997 COMMISSIONER BRUET: None, Mr. Chairman. COMMISSIONER OATES: None. COMMISSIONER WRAGE: None. CHAIRMAN DAVIS: If we continue it, I think we need to continue it =o a date certain; don't we, Ms. Student? MS. STUDENT: Yes. COMMISSIONER YORK: I move we move it to July 17th. Does that suit your purpose, Mr. Scofield? CHAIRMAN DAVIS: That would be our first -- that's really our i~rst opportunity that's here in town which I think would be convenient to the people that would have concerns -- MR. SCOFIELD: That will be fine. CHAIRMAN DAVIS: I'm sure that -- you know, we applaud you for the extra time to work with the people that do have some concerns to see what can be ironed out and -- MR. SCOFIELD: Hopefully. CHAIRMAN DAVIS: -- done away with. MR. MULHERE: One other question for Ms. Student then. That would be -- would that need to be re-advertised? It's beyond 30 days. It's continued to a time certain. I'm just not sure if we need to re-advertise that. MS. STUDENT: If it's beyond five weeks. MR. MULHERE: Five weeks. MS. STUDENT: I have to probably -- we may have to re-advertise. MR. MULHERE: I just want to get on the record that the applicant will pay for that re-advertising if necessary. CHAIRMAN DAVIS: There was a motion to continue to July 17th by Mr. Oates. -COMMISSIONER BRUET: Second. CHAIRMAN DAVIS: And seconded byMr. York, right? COMMISSIONER YORK: I made the motion. CHAIRMAN DAVIS: I'm sorry. A motion to continue to July 17th by Mr. York, seconded by Mr. Bruet. Discussion? All those in favor, signify by saying aye. COMMISSIONER YORK: Are we going to get a new package, Bob? MR. MULHERE: Yes. CHAIRMAN DAVIS: And that passed ~nanimously. MR. SCOFIELD: Thank you. CHAIRMAN DAVIS: Thank you, Mr. Scofield. Petition TU-97-1E. UNIDENTIFIED SPEAKER: Will we get new letters of this proposed next meeting? CHAIRMAN DAVIS: Anyone that has a concern about the time and place of the next meeting, if you leave your name with Mr. Badamtchian, who will walk out in the hall now, and he'll be happy to notify you, and thank you for coming today. Petition TU-97-1E, I'd ask all those Dresent today that are going to testify on this issue to stand and raise your right hand. (The speakers were sworn). MR. REISCHL: Fred Reischl, planning services. This is a request Page 10 16G 1' June 5, 1997 by the Sterling Oaks Development Company in the Sterling Oaks PUD to extend the temporary use for a model home for an additional three years. The home is inconspicuous, as you can see from the photo in your staff report, a small sign. There were no violations, no letters of objection, and staff recommends approval. CHAIRMAN DAVIS: Thank you, Mr. Reischl. Is there anyone here to speak on this issue today? Close the public hearing. COM~ISSIONER OATES: Mr. Chairman, I move we approve Petition TU-97-1E. COMMISSIONER YORK: Second. CHAIRMAN DAVIS: Motion of approval by Mr. Oates, seconded by Mr. York. Discussion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: Carries unanimously. PSP -- I have to make sure I don't lose my place we're moving along so quickly. PSP-96-7, Mr. Nino. Once again, I'd ask all those present that are going to testify to please stand and raise your right hand so that you may be sworn. Apparently, that's just you, Mr. Nino. I don't see anyone else here. I'm sorry, Mr. -- MR. NINO: Mr. Duane is here. CHAIRMAN DAVIS: Mr. Duane is floating around here s~aewhere. MR. NINO: Bob. CHAIRMAN DAVIS: Just in case you're going to speak, Robert. '-(The speakers were sworn). CHAIRMAN DAVIS: Thank you. Mr. Nino. MR. NINO: Ron Nino for the record. PSP-96-7 requests you to re-approve, basically, re-approve an action with the amendment that you accomplished back in '96, PSP-96-7. This has to do with the Fahkahatchee single family subdivision out at Port-of-the-Islands. The lots were all five acres long as your package shows. They were narrow lots, and they were on one side of the canal. Your approval was appealed by DCA, and the upshot of that appeal resulted in a settlement agreement between the Board of County Commissioners and DCA which was contained in your packet, and the conditions of that settlement agreement had to be carried forward to the revised resolution, and that has been accomplished. The information that's before you is now consistent with that settlement agreement, and we recommend you re-approve the Fahkahatchee single family subdivision at Port-of-the-Islands. CHAIRMAN DAVIS: Questions for Mr. Nino? COMMISSIONER BRUET: This -- excuse me. We approve this? It does not go before the board because the board already approved it? MR. ~rf/~O: PSPs never go to the board. You're the final decision Page 11 16B 1'' June 5, 1997 maker. MS. STUDENT: If I might, the board was sued on this one, and the settlement agreement went to them with direction to you to look at the revised PSP and pass sign as you're authorized to do. CHAIRMAN DAVIS: Okay. Any questions of petitioner? Anyone else to s~eak on this petition today? Close the public hearing. COMMISSIONER 0ATES: Mr. Chairman, I move -- COMMISSIONER BRUET: Mr. Chair -- COMMISSIONER 0ATES: Go ahead. Go ahead, Mike. COMMISSIONER BRUET: Mr. Chairman, I recommend we approve PSP-96-7. COMMISSIONER OATES: Second. CHAIRMAN DAVIS: Motion by -- of a~roval by Mr. Bruet, seconded by Mr. Oates. Discussion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: Carries unanLmously. PDI-97-3, Mr. Nino, and once again, I'd ask all those present that are going to testify on this issue to stand, raise your right hand so that you may be sworn by the court reporter. (The speakers were sworn). MR. NIN0: May I have the mover and the seconder of that last motion. It was Bruet. CHAIRMAN DAVIS: The motion was by Mr. Bruet. It was seconded by Mr. 0ares. MR. NINO: Thank you.. Ron Nino for the record. -The petition you have before you is an application to amend the master plan for the Southhampton at Naples, more commonly known as Stonebridge PUD. Within -- within that PUD, there is a tract that was identified as a multi-family tract. This petition -- the map change would have that tract revised -- I mean, it was a single family tract. The map change proposes to acknowledge it as a multi-family tract. As you can see from the colored illustration that's been erected by the petitioner, for all intents and purposes, the tract is totally surrounded with golf course fairways. It really doesn't impact any adjacent property owners outside of the PUD. It does nothing to change the number of dwelling units that are authorized for the SouthhamDton PUD. We received a lot of phone calls, quite frankly, but no one really said they objected to it. They simply wanted to know what it was all about, and staff recommends au~roval. CHAIRMAN DAVIS: Mr. Nino, if I'm looking at the map correctly, the right side of the map -- MR. NIN0: Is Air~ort Road. CHAIRMAN DAVIS: -- is Airport, so -- MR. NIN0: And the south is the Victoria Park Develoi~nent. CHAIRMAN DAVIS: Which, if I recall correctly, there's some multi-family being built in the front of Victoria Park which would be Page 12 June 5, 1997 contiguous to this? MR. NINO: Partially, yes. MS. CARVER: Robin Carver with Wilson, Miller for the record. CHAIRMAN DAVIS: Maybe you can explain that, Robin. MS. CARVER: Is that on? CHAIRMAN DAVIS: Yes. About halfway down this location, there are three-story buildings in the front of Victoria Park, and then at this point down here, there's some single family that line up here, so there's a mix of both along that location. There's a heavy buffer along here, along the golf course, and there's about 300 feet here within the golf course fairway before this -- this tracts starts from the property boundary. CHAIRMAN DAVIS: All right. MR. NINO: The buildings are limited to two stories actually. The multi-family buildings that could be erected on the -- on the multi-family tract will be limited to two stories. CHAIRMAN DAVIS: Two stories. That could be two stories over parking? MR. NINO: i don't believe so. I don't think -- there's a maximum of a two-story height limitation. CHAIRMAN DAVIS: Just simply two stories? MR. NINO: Yes. CHAIRMAN DAVIS: Any other questions of staff, I'm sorry, and the petitioner? Did you have a presentation you wanted to make? MS. CARVER: Actually,. just answer any questions you might have. CHAIRMAN DAVIS: Any questions of the petitioner? .... All right. I think -- there's a speaker. If you can identify yourself for the record. MR. HOLLANDER: My name is Lee Hollander, and I'm one of the people -- I live in Victoria Park, and I'm kind of curious as to -- if you're doubling the number of condominiums, is that what this is or are you simply raising the level to two story? MR. NINO: This simply replaces -- this simply authorizes multi-family housing units in view of single family housing units, but the number -- total number of dwelling units that are approved for all of the Southhampton PUD will not change as a result of this. They don't get to build more dwelling units, but obviously, the density on this tract will be higher with single family -- with multi-family than it will be with single family. MR. HOLLANDER: Well, then, where did they take -- where did they -- were they not going to build -- MR. NINO: Many PUDs have been designed -- have been designed to allow more units than they actually could have built in the PUD to begin with. This may be the case here. Wherever they need to take it away, that's their problem, but they don't get to build more units over the entirety of the PUD. HR. HOLLANDER: Okay, and what's to stop them from coming back a year from now and saying, gee, you know, I think we'll increase the Page 13 June 5, 1997 density somewhere else or we'll leave it where it was, and in effect, make these -- make this additional living units, additional family? COMMISSIONER 0ATES: Us and the Board of County Commissioners. CHAIRMAN DAVIS: I would say -- MS. STUDENT: And the comg. plan. COMMISSIONER OATES: and the comp. plan. CHAIRMAN DAVIS: I would say, Mr. Hollander, the chances of them -- they could request that, certainly, an increase in density within their PUD. The chances of this board or the Board of County Commissioners looking favorably on that is -- to say it's remote is probably an understatement. MR. HOLLANDER: I'm sorry for being suspicious, but I dealt with Woodrow, Taylor on the wall that they put up, so I'm kind of leery about them, so -- CHAIRMAN DAVIS: Understandable. MR. HOLLANDER: Thank you. CHAIRMAN DAVIS: Appreciate you coming here today. Anyone else to speak on this petition? Seeing none, I'll close the public hearing. COMMISSIONER BRUET: Mr. Chairman, I recommend we approve Petition PDI-97-3 as stipulated by staff or recommended by staff. COMMISSIONER 0ATES: Second. CHAIRMAN DAVIS: Motion of approval by Mr. Bruet, seconded by Mr. Oates. Discussion on that motion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: That carries unanimously. '-MS. CARVER: Thank you. CHAIRMAN DAVIS: Petition V-97-3, Mr. Bellows, and once again, I would ask all those present that want to speak or testify on this petition today to please stand and raise your right hand. (The speakers were sworn). CHAIRMAN DAVIS: Thank you. Mr. Bellows. MR. BELLOWS: For the record, Ray Bellows presenting Petition V-97-3, Charles Holland requesting a 16.4 foot variance from the required 30 yard -- 30 foot rear yard setback to 13.6 feet to allow for an addition to an existing garage storage area and dwelling for conversion into a duplex. The property is located on the north side of Van Buren Avenue and is further described as Lots 38 through 40, Craigs Subdivision and is zoned RMF-6. The existing detached garage was built in 1978 with building permit 15-93. It had a rear setback of ten feet which was consistent for an accessory structure. The proposed addition will not increase the encroachment of the existing structure to the rear. It follows along the same line. When a garage is converted into a residence, it requires the greater setback of the principal structure. The additions that were previously made to the structure was done by a previous property owner and not done by the current owner, ~herefore, they are applying for this variance to allow the conversion Page 14 16G 1_? June 5, 1997 into a duplex. CHAIRMAN DAVIS: Knowing -- knowing the area pretty well, this is not going to be an unusual situation -- MR. BELLOWS: No, there are other duplexes. CHAIRMAN DAVIS: -- given the older nature of the neighborhood. Any questions of Mr. Bellows? Would the petitioner like to add anything? MR. HOLLAND: I'm just here to answer any questions that might be brought up. CHAIRMAN DAVIS: Thank you. Any questions of the petitioner? Anyone else to speak on this petition today? Seeing none, I'll close the public hearing. COMMISSIONER OATES: Chairman, I move we recommend Petition V-97-3 with -- subject to the staff's stipulations. COMMISSIONER YORK: Second. CHAIRMAN DAVIS: Motion of a recommendation of approval by Mr. Oates, seconded by Mr. York. Discussion on the motion? Ail those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: Carries unanimously. COMMISSIONER YORK: Mr. Chairman, I got a telephone call last night from -- not this petitioner, but from Item L that he would be at another appointment this morning. He would be running a little late, and I would like to make a motion that we move this to the end of the agenda. COMMISSIONER OATES: I second it. CHAIRMAN DAVIS: Motion to move Item L, PUD-97-7 to the last item today by Mr. York, seconded by Mr. Oates. Discussion? Ail those in favor, signify by saying aye. Opposed? (No response} CHAIRMAN DAVIS: Carries unanimously, so that will put -- we'll put L down here at the bottom then. Petition V-97-4, Mr. Badamtchian. All those here today to testify on this petition, please stand and raise your right hand so that you may be sworn. (The speakers were sworn). MR. BADAMTCHIAN: Good morning -- CHAIRMAN DAVIS: Dr. Badamtchian, do you want to continue? MR. BADAMTCHIAN: -- commissioners. Chahram Badamtchian from planning services of staff. Mr. and Mrs. Hafner are requesting an after the fact variance of 29 feet from the required rear setback of 75 feet to 46 feet for a storage shed converted into a guest house without a building permit. In 1992, the applicant obtained a permit to build a shed, and then they decided to convert the shed into a guest house. The guest house setback is 75 feet whereas a shed setback is only ten feet; rear setback is only ten feet. Then -- furthermore, they did not pull any permit for electrical, Page 15 168 June 5, 1997 rom 91umbing. They did not obtain the final C.O., and I couldn't find any permit for a septic tank. Staff reviewed this petition and recommends that CCPC forwards this to the BCC for -- BZA for recommendation of a denial. CHAIRMAN DAVIS: Questions for staff? Would the petitioner like to speak? I thought you might. If you could state your name for the record. MS. HAFNER: Linda Hafner. When the permit was a~lied for -- CHAIRMAN DAVIS: Ma'am, if you could state your name. MS. HAFNER: Linda Hafner. CHAIRMAN DAVIS: I'm sorry. Thank you. I think -- I'm having a little trouble hearing you. Please proceed. MS. HAFNER: When the permit was applied for, it was carefully exl~lained to the person that we would, in the future, be converting this to a guest house, so we wanted the original shed to meet all the proper parameters. We were told it did. As a matter of fact, we've been down and spoken to this person, and she very clearly remembers because my husband, although he was very polite, took an awful lot of her time that day, and she gave us the numbers that we needed to meet, and that's where the building was placed. During the transition from storage to guest house, some conversations came up with some gentlemen who worked for the County at the time, and there was an investigation going on over a large building here in town, and the statement was made by one of these gentlemen that in exchange for information they needed on this building, this guest house would be grandfathered in, and that it would all be, quote/unq~ote, taken care of. -Our proof that this was taken care of was 30 days later, we began paying taxes on the building as a guest house. That was their way of confirming to us that the arrangements had been completed and that there would be no further problems. MS. STUDENT: I need to make a comment. The case law is that if an e~loyee of a local government makes a representation to a person that they do not have the authority to make, there's no grandfathering or any vesting whatsoever. MS. HAFNER: I believe that Dick Clark, Bill Smith and Bob Monacure (sic) were, at the time, in a position to have that authority. MS. STUDENT: It has to be by ordinance, ma'am. MS. HAFNER: Okay. Well -- CHAIRMAN DAVIS: 'Please continue. MS. HAFNER: We're not attorneys. We are simply citizens who thought we were playing by the rules that were dictated by Collier County officials. This was not, by any means, an attempt to do something terrible and illegal, and when we were put in the position of having -- being made to believe we had to do it this way, yes, we did respond, and we ~esponded to three people who represented the County, and since, to our knowlad~e, according to Wanda, we were perfectly within the Page 16 June §, 1997 required position, the rest of it did not appear to be a major issue. We were caught in a very %%nfair position. We were given erroneous information by a very loyal county employee and a very honest county employee, Wanda Warren. We were lied to by three very dishonest, by your own records, county employees, and anyone who hasn't been out there who would like to go out and see the building, it's -- it far surpasses any codes and any requirements you could ever set forth. My husband is the type of man, if our female dog had puppies, the dog house would have to have additions for separate bedrooms for each puppy, and they would still surpass the codes. We request any assistance that you could offer us. This -- most of what is happening right now is due to county error. We apologize for not having become lawyers in the process, but we didn't think we needed to. CHAIRMAN DAVIS: Thank you, Ms. Hafner. MR. HAFNER: My name is Gall Hafner. I'm the person who originally petitioned for this storage shed. Before I even applied for the permit, I spoke to a lady called Mrs. Wanda Warren, and I specifically asked questions of elevation, questions of setbacks, what these positions -- the storag~ shed was supposed to be done. I specified that in the very, very near future, that I was going to convert this into a guest house. I was given the elevations and also the setbacks. I have a copy of the original permit and the number and also all of the sign-offs including the finals. I also have the date of the final, was December the 2nd of 1992. I also have a copy of my tax bill from the county of January the 3rd of 1993, 31 days later, acknowledging that it was a guest house. '-So, evidently -- I did not go down and notify these people. Collier County services did, and they contacted me on this information. I did not contact them. The guest house had not even started into a guest house, but I did make the statement to them that, yes, it was going to be done. I spoke to this gentleman over here. I have spoken to Mr. Pedigo (sic) at Collier County. Wanda Warren came forth to three different people and said, yes, I did tell him this was an error, that the setbacks was supposed to be ten feet, and in regard, it was really supposed to be 75. She has come forth not once, but three different times in three different meetings, with the planning commission and also the head of code enforcement to my understanding. Thank you. CHAIRMAN DAVIS: Thank you. Any questions of the petitioners? COMMISSIONER PEDONE: Yes, I have a question. If you knew you were turning the -- well, you changed from a storage shed to a guest house at that time, why didn't you get a permit for a guest house at that time which would have called for the necessary inspections for the plumbing and the electrical? MR. HAFNER: At that time, I was storing Corvettes and vehicles, and this was what these were for. I was transporting them down out of Page 17 16G 1. June 5, 1997 state in a process to sell them. I did not have the storage to store %:hese cars. I was told that at any time in the future, I could apply for this permit. This guest house was not finished until late 1993. COMMISSIONER PEDONE: But still, why didn't you apply for the permit to convert it from a storage shed into a guest house? MS. HAFNER: The initial changes didn't need -- the little things that we started doing didn't need another permit yet -- COMMISSIONER PEDONE: If it was over -- MS. HAFNER: -- we thought. COMMISSIONER PEDfINE: -- $500, you needed a permit. MS. HAFNER: But we did all the labor ourselves. COMMISSIONER PEDONE: That doesn't mean anything. If the cost wou~d be more than $500 to convert, then you needed a permit to do that. Again, I ask, why didn't you get a permit at that point and be legal and not have this problem? MR. HAFNER: Because we weren't, at that time, intending to turn it into a guest house until -- at a later date. COMMISSIONER PEDONE: I know, but when you -- at that later date when you decided to turn this storage shed into a guest house, why did you not go at that time and get a permit to do that? MR. HAFNER: Because Mr. -- Bill or Dick Clark, Bill Smith and Bob Nonnemacher came to my residence and told me that they would take care of all the paperwork if I would give the information to them. That is -- COMMISSIONER PEDONE: Well -- but at that point, you had already converted it, and you were in violation, correct? ' '-MR. HAFNER: No, sir, that is not correct. COMMISSIONER PEDONE: You mean, they came to you and said, we know you want to convert and that we are going to let you do this without a permit if you help us? MR. HAFNER: Yes, sir, because the comDany that I worked for was the comDany that was in question, that they were investigating. COMMISSIONER PEDONE: How -- how -- how did they know you wanted to put up a guest house. I mean -- MS. HAFNER: It was in conversation. COMMISSIONER PEDONE: -- were they clairvoyant or what? MR. HAFNER: My employer knew it, and the people that worked for the company did. In fact, they, at the time, had given me the drawings and so forth for this building. So, when they were under investigation, they assumed, to my -- this is what I was told by Mr. Clark, that they had turned me in for a process of turning a building . into a quest house not knowing that I had already pulled the permits for the building originally. Now, that's -- I mean, that's what I was told. CHAIRMAN DAVIS: Any other questions? Do the petitioners have anything to add? MR. HAFNER: I just have one other thing. If the county was not aware of this being turned into a guest house 31 days after it had Page 18 16G June 5, 1997 been done, which it hadn't even been finished yet, who notified the county or taxes or anything that this was done unless it was the three people that I had mentioned earlier? MS. HAFNER: The county was, obviously, aware from, at least from 31 days after the shed was initiated, that it was going to be a guest house because I'm sure you don't tax everyone who has a shed in their backyard as a guest house. So, obviously, the county was aware. This isn't something that was hidden. This isn't something -- MR. HAFNER: None of these three people are employees of Collier County anymore, and as Mr. Pedigo (sic) said, this was a common occurrence that these people did, to go after big developers to make so-called -- the word that he used was underhanded dealings. CHAIRMAN DAVIS: Thank you. Did you have something to add, Marjorie? MS. STUDENT: Yeah, I just want to observe that the tax collector and tax officer are separate constitutional officers, and I'm not sure, maybe Mr. Mulhere knows, what the process is for when there's an improvement on property, how they are notified, but they are not under, really, the Board of County Commissioners. They are separate constitutional officers. MR. MULHERE: Well, they receive a copy of the certificate of occupancy that's issued after final inspection on any improvement. If you put in a shed, you get your final inspection. There's a C.O. issued. The tax collector gets a copy of that, but they also do site visits, you know, random -- sort of random site visits. They call it drive-bys, and they drive around the county, and if they see an improvement, they record that improvement. I don't know how this occurred. I mean, I don't have. enough information to know, you know, whmther someone called or someone didn't -- CHAIRMAN DAVIS: Mr. Hafner. MR. HAFNER: This building is set back so far back on the back of the property, because I do live in Golden Gate Estates, that this property cannot be seen from the road. I mean, it's not something that you can drive by and see even though it does meet all the criteria of the county. The only way that anyone could have known that this was a building or a guest house was done -- had to be done by Collier County government. I mean, that's the only way they could have known this other than my permitting. CHAIRMAN DAVIS: Okay. Thank you. Is there anyone else here to speak on this petition today? Seeing none, I'll close the public hearing. Mr. Badamtchian, if you could answer a question for me. If this variance is ultimately granted, then, in fact, does an after the fact building permit have to be applied for? MR. BADAMTCHIAN: They have to pull an after the fact building permit and pass all the inspections because they had the inspections done for a shed. They didn't have permit for electrical. They didn't have permit for plumbing. They didn't have permit for the septic tank. We have to permit these then inspect them. CHAIRMAN DAVIS: And the -- what is it currently, tripling the Page 19 166 1.' June 5, 1997 cost and all that? MR. BADAMTCHIAN: I believe four times. CHAIRMAN DAVIS: Four times. MR. BADAMTCHIAN: I believe guest house, they have to pay impact fees, and no impact fees was paid on this one. CHAIRMAN DAVIS: All right. Thank you. MR. HAFNER: Mr. Chairman, if I may add something. When I found out in late October of 1996 that this had not been taken care of legally according to what we had been told by the Collier County government, that we ir=nediately contacted code enforcement and also permitting, and I personally went down and talked to the director, Mr. Pedigo (sic), and he said that this would not be a problem, that my fees would be $144 for my permits and applications. I immediately paid those fees and told'that I would be issued a permit. I still to this date have not been issued a permit. They came out and inspected the house on a -- a code enforcement investigator. He said there wasn't the proper amount of windows in this building for the bedrooms. That is incorrect. There are. He did make an error in that. I later spoke to Mr. Pedigo (sic) again. He said I had to have a survey because there was no survey. I had that done immediately within that week. That cost me an additional amount of money. They are continually finding errors or omissions that they have done wrong and saying it's my responsibility. They told me that if I got the survey, it would be fine. The elevation was wrong. The elevation is correct. They told me that if I did all these things, it would be a minimum of $144. They would bring it in because of the errors that these three people have done and the injustice they have done to me, and that's how I feel. CHAIRMAN DAVIS: Okay. Fine. MR. HAFNER: The next thing is I have paid them $850 because they said that on my permit, the setback is ten feet. The setback on my building is 46 feet, and I was told it only had to be ten feet. That's the reason we are here today. CHAIRMAN DAVIS: Okay. Well, thank you. We've closed the public hearing, so -- COMMISSIONER YORK: I have a question. CHAIRMAN DAVIS: Yeah, Mr. York. COMMISSIONER YORK: Mr. Bad~_mtchian, who brought this violation -- MR. BADAMTCHIAN: I believe they are in the process of selling the house, and I believe that the perspective buyers noticed the violation. I'm not sure. He came to me asking for variance. I don't. know. I believe he's selling the house, and that's how this thing was discovered. COMMISSIONER YORK: And if -- in your opinion, in your professional opinion, if the petitioner had asked for this variance before the fact, in your opinion, do you think .it would have been granted? MR. BADAMTCHIAN: I don't believe so. There's no land related Page 20 June 5, 1997 hardship. They have a lot which is 660 foot deep. C0MMISSIONERYORK: Thank you. MS. STUDENT: I need a point of clarification, and I'd like to have it from Mr. Badamtchian or Dr. Badamtchian. To the best of your knowledge and belief, who was the individual at the County that gave the information about the guest house and the setback; not the shed but the guest house. MR. BADAMTCHIAN: I don't know. I know Wanda issued the permit for a shed, Wanda Warren, but I don't know who gave the information. MS. STUDENT: And did she ever tell you that she made an error in giving information to the a~licant for the setback? HR. BADAMTCHIAN: She issues like 30 permits a day, and this permit was issued in 1992. She couldn't re~nember the conversation or anything. MS. STUDENT: Thank you. COMMISSIONER YORK: Make a motion -- CHAIRMAN DAVIS: Sir, the public hearing is closed. Well, Just a few comments very quickly. MR. HAFNER: I'm not quite -- I understand this statement this gentleman has said. Mrs. Warren has come to forth to the director down there and stated that yes, she did make a mistake, and I personally went down there and met with these people, and she came forth and came to that officer and did state, yes, she made the mistake. HR. MULHERE: I would suggest that we might try to get a statement from her th~n for the Board of County Commissioners' meeting, written statement with her signature indicating that. '-~fS. STUDENT: Actually, it should be under oath. It should be an affidavit, because it's quasi-Judicial, and it should be under oath. CHAIR~L~N DAVIS: Or we may want to have her al~pear here. MS. STUDENT: Right now, that's hearsay. I mean, technically, it's hearsay. CHAIRMAN DAVIS: We may want to have her appear here. The public hearing is closed. Any other questions of staff? COMMISSIONER YORK: Mr. Chairman, I think this is an extremely serious matter that has a lot of inert problems with it that I think need to be clarified, and I would move that we continue this to some time in July to get some more clarifications from staff of what has really gone on here. CHAIRMAN DAVIS: Would that include the staff person that issued the shed permit to a~ear? COMMISSIONER YORK: Correct. MR. MULHERE: I would -- I would make a suggestion that the applicant make an att_~__.t to get some of these other people here who -- I mean, I recognize this is not a court of law, but we have no way of knowing what's true and what's not true. We have no way of knowing. Ail we are hearing is one side of the story. MS. STUDENT: And the only point that I wish to make about this is if there's a vesting argument for the variance on the setback, the Page 21 June 5, 1997 rest of it really isn't material to the grant or denial of the variance, and that's -- that's why I was asking Dr. Badamtchian about which -- what was the representation and which individual made it. MR. MULHERE: Well, we can get some information from the building director and from his staff, Wanda. Wanda works for Ed Perico, the building director, and if, in fact, we can talk to him about potentially -- if she recalls that, getting any information from her end or getting her personally here. MS. STUDENT: The other point I want to make -- MR. MULHERE: As far as Bill Smith, his name was mentioned, and the actual name, I think, is Bob Nonnenmacher, not Monacure, to my recollection. COMMISSIONER PEDONE: Correct. MR. MULHERE: And that's Pertco, not Pedigo. You know, those individuals, you know, unless this is a court of law, I'm sure we are not going to call them here. If the applicant wants to try to -- MS. STUDENT: That's not material to the variance unless -- you know, I don't know if Mr. Clark told them they didn't have to worry about setbacks or if this other lady did it. Prom what I gather, they were told by, allegedly told by other county employees, and I might add, far beyond -- it's an ultra vires act, which means it goes beyond their authority. No county employee has the authority to tell somebody you can ignore the law without an exception and a process, and a law that is there for that purpose. No county employee has that authority. So, that's -- you can't rely on that, and I don't know that that's material, but I think it is material as to who told them what the setback was. .... COMMISSIONER YORK: I just have one more comment. You know, my inclination is to deny the variance, but there is a great economic impact to the petitioner here, and I want to give them every opportunity to get this thing straightened out, and that's why I think giving them a little more time, we may find some other facts here, and rather than deny it now, let's continue it. CHAIRMAN DAVIS: That would be what, to our -- MS. STUDENT: Again, for the commission, you're constrained by the elements for variance in our code, and then the other issue is one of equitable estoppel, and that's only to the setback -- CHAIRMAN DAVIS: Right. MS. STUDENT: -- and if it was a county staff person on the counter that told them that, knowing it was going to be converted and they didn't tell them it was ten feet, no matter what, there may be an equitable estoppel argument there, but on the other m~tters, which ar9 ultra vires, there's no estoppel, no grandfathering, nothing. CHAIRMAN DAVIS: Then the variance is all that's before us? MS. STUDENT: That's correct. CHAIRMAN DAVIS: So, there's been a motion made by Mr. York to continue it to what; the second meeting of July? COMMISSIONER YORK: Correct. CHAIRMAN DAVIS: With the request that the staff person, Wanda -- Page 22 1' June 5, 1997 MR. MULHERE: Warren. CHAIRMAN DAVIS: -- Warren, I'm sorry, to appear here to discuss the issue? COMMISSIONER YORK: And for -- CHAIRMAN DAVIS: I'm sorry. COMMISSIONER YORK: And for staff to re-address any issues that need to be addressed. CHAIRMAN DAVIS: Is there a second to the motion? COMMISSIONER YORK: The motion dies. CHAIRF~/~ DAVIS: Nobody wants to second Mr. York's motion? Okay. COMMISSIONER PEDONE: I have a comment, and that is that when -- when Mr. Hafner went in to speak to the person at the county concerning the setback requirements, it was after the fact to begin with. He had already converted the garage -- the storage shed into a guest house, and what good was the information at that time. It was built as a storage shed, and it would not have been able to be within the legal setback requirements if he had gotten a permit. Mr. Hafner, by his own admission, is in the construction business, and I think he should know enough that he had to comply and have a building permit to convert the premises, and that he would not be able to because of the setback, and therefore, ignored it, and at this point, I would just say we deny the petition. CHAIRMAN DAVIS: Mr. Bruet. COMMISSIONER BRUET: I thinkMr. Pedone really relayed my sentiments. I don't -- I'm not convinced here -- reading the staff report seems to be very straightforward. I'm not convinced by Mr. H~fEe~ that, indeed, all of these -- COMMISSIONER WRAGE: Mr. Chairman -- COMMISSIONER BRUET: -- problems that he came up with that were not -- COMMISSIONER WRAGE: I ask staff, if this is denied, what does the petitioner got to do at that point? It goes back to a storage shed; is that correct? Does he still have to go back with the electric, the plumbing, the sewer, or was that already approved? COMMISSIONER OATES: It goes to BZA first; doesn't it? MR. BADAMTCHIAN: For a storage shed, they don't need a septic tank or a drain field. For a storage shed, probably they don't need -- COMMISSIONER WRAGE: But do they have to remove it or re-permit it? HR. M%rLHERE: Not necessarily. First, it will go to the board, and then the board will re-process. COMMISSIONER WRAGE: I understand that. MR. MULHERE: Then after that -- they would not be able to use it as a guest house but only as a storage facility or some other appropriate accessory use. Arguably, you know, you might be able to have some c~m~onents of -- for example, you could have a bathroom, I guess, in a garage or a storage shed. I think those are building code Page 23 16G 1 June 5, 1997 questions. They'll have to deal with them after the fact, and they'll have to get them permitted if they're going to keep -- COMMISSIONER WRAGE: But that eliminates the setback problem if it's a storage shed? MR. MULHERE: Yes. CHAIRMAN DAVIS: You can have about everything except a kitchen. MR. MULHERE: Right. CHAIRMAN DAVIS= Well, I tend to agree with Mr. York. I'd like to see some more information, but by the same token, that information may come along between now and the hearing before the BZA, and the BZA may have the luxury -- I think, just as a suggestion to staff, it would seem important that maybe that counter staff be present because the BZA may very well have some questions of her. COMMISSIONER PEDONE: Right now -- right now though, I make a motion that we deny Petition V-97-4. COMMISSIONERBRUET: Second. CHAIRMAN DAVIS: A motion of recommendation of denial of the BZA by Mr. Pedone, seconded by Mr. Bruet. Is there discussion on the motion? Ail those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: Carries unanimously. CU-97-10, Mr. Bellows. (The speakers were sworn). MR. BELLOWS: For the record, Ray Bellows presentin9 Petition CU-97-10. Robert Duane of Hole,.Montes & Associates requesting condition use four of the estates zoning district to allow for an expansion of a~ e~sting school facility in two phases. The site is located on the south side of Davis Boulevard, west of the Falling Waters PUD, north of Unity Church and east of the estates zoning district. As you can see, the project is proposing to relocate Unity Way. It's currently straight through, bisecting the middle of the site, and to shift it along the eastern end of the site. Therefore, the buildings will not be in the middle causing hazards with children crossing. The first phase includes the addition of three new classrooms, a resource center, 65 parking spaces and an administration building. The second phase is proposed for a gymnasium and 44 parking spaces. Petitioner states that the proposed expansion is not intended to dramatically increase the number of students. Actually, they'll have approximately 80 students increased by the year 2000. The project's existing ingress/egress from Davis Boulevard will not be changed. There is an existing eastbound right turn lane on State Route 84. Due to low traffic volumes and clear sight distance from Davis Boulevard, the existing access should continue to operate adequately. It's unlikely that the project will cause problems with odor or glare produced by the additions. In addition, a proposed ten foot Page 24 16G !q June 5, 1997 landscape buffer along the perimeter will add screening along the property line of Falling Waters. It should be noted that the gymnasium facility is set back 40 feet from the property line. As you can see, the buildings in the Falling Waters, they are condominiumbuildtngs, are approximately 100 feet back from -- to 150 feet back from the property line on their side. The petitioner proposes a building that is going to be 45 feet tall. It was discovered Just the other day by myself that we have a problem with the height. The estates is 30 feet. We didn't realize that problem when we first came through, but the petitioner is going to have to come in for a variance for the gymnasium to meet the height restrictions. CHAIRMAN DAVIS: It aUpears, Mr. Bellows, the site plan has been worked out by the petitioner to keep in mind the existing residential and looks good. MR. BELLOWS: Yes. CHAIRMAN DAVIS: It appears to me they've done a pretty good job of that. COMMISSIONER YORK= Have you received any objections? MR. BELLOWS: We had one call yesterday. Their concern was the noise from the gymnasium; that, and the buffering. CHAIRMAN DAVIS: But that was -- they lust expressed that concern. MR. BELLOWS: Yes. I think they might be here today. MR. DUANE: Yeah. Good morning. For the record, Robert Duane from Hole, Montes & Associates. .... ..CHAIRMAN DAVIS: Mr. Duane, were you sworn? MR. DUANE: I don't believe I was. CHAIRMAN DAVIS: Could we ask you to stop and swear Mr. Duane in, and if there is anyone else that's going to speak, please stand so that you may be sworn -- or you think you might -- may be going to speak. (The speakers were sworn). CHAIRMAN DAVIS: Thank you. MR. DUANE: We're generally in agreement with the staff recommendation up until I learned at the hearing this morning that we may have a problem with the height of our gymnasium. This was to be a 30 foot fit wall fascia, and then we were going to have a 15 foot roof treatment on top of that. If you take a mid-point of the roof, technically, the gymnasium would be thirty-seven and a half feet. I'm aware that there is a 30 foot height in the base zoning district, and maybe I have an academic disagreement with staff. The purpose of this plan was to, you know, very clearly articulate the setbacks, and in some cases, they are greater than required by the zoning district, and we needed some special consideration for the height of the library and the gymnasium, principally because of the kind of roof that we are going to have. I would ask the planning commission if there's any way that we could approve this plan this morning without coming back with another Page 25 1- June 5, 1997 petition. If that's what I have to do, I'll do that. My preference would be not to, but I'll defer to your judgment on that matter. Thank you. MS. STUDENT: Mr. Chairman, you can approve the conditional use, and that doesn't mean that you don't have to get a variance. It just means that you can't, you know, probably, and Bob can help me here, do site planning or whatever ~til he got the variances as well, but the two are mutually exclusive. If they were processed together, we often treat them together, but they are mutually exclusive procedures. MR. MULHERE: As a matter of fact, we've had several conditional uses come in accompanied by a variance for height. The hotel on Marco Island comes to mind. The one on La Peninsula -- I mean, there have be~n several, and it's unfortunate in terms of timing that this was not addressed or somehow determined earlier, but I do not believe that I can recommend to you that you can increase the height for a conditional use. As far as I know, you have to go through a variance. MS. STUDENT: Unless -- if there's something in the code that -- MR. MULHERE: There isn't. MS. STUDENT: -- would allow it, but if there isn't, then it has to be through a variance. MR. MULHERE: Now, you know, we certainly don't object to accepting the site plans and reviewing them, and if, you know, there doesn't appear to be any concerns over that, then the applicant would have some level of comfort that going through the process is something that they need to do. COMMISSIONER YORK: Would it be in the best interest of the petitioner to do these together or separately? MR. MULMERE: Well, it really doesn't matter. I mean, the only iWa~e 'is that -- if something happens that the variance is denied, then they have to change their plans, and they've gone through the cost of having all those engineers and things, so I would think they would want to have some level of comfort, that if they went through the process, that the height -- and Bob is correct, if it's measured to the mid-point of the roof from the required elevation, the first finished floor or the required FEMA elevation, whichever, so, probably, we are talking about a seven foot variance, and based on the, you know, fairly large expansive property, you know, it's not going to visually look very much different than a, you know, similar structure that -- that met the height restriction. So, I mean -- COMMISSIONER YORK: In other words, we can approve the conditional use, but he still is going to have to come back and -- MR. DUANE: I understand, and we may be able to work with the architect to obviate the need for that, but I'd like to move -- MR. BELLOWS: Yeah, during the site development plan -- MR. DUANE: -- forward with this petition. MR. BELLOWS: -- there may be a case where he can design to meet. CHAIRMAN DAVIS: Right. MR. DUANE: Thank you. I'd be happy to answer any other questions you have. Page 26 16G 1 June 5, 1997 CHAIRMAN DAVIS: Any questions of Mr. Duane? Anyone else to speak on this petition? Close the public hearing. What's your pleasure? COMMISSIONER OATES: Mr. Chairman, I move we recommend -- after filling out my finding of fact sheet, I move that we recommend CU-97-10 to the Board of County Commissioners with the recommendation of approval. COMMISSIONER YORK: Second. CHAIRMAN DAVIS: Motion by Mr. Oates, seconded by Mr. York. Any discussion on the motion? All those in favor, signify by saying aye. Carries unanimously. COMMISSIONER YORK: Mr. Duane, these books, you can have. CHAIRMAN DAVIS: Yes. COMMISSIONER YORK: Recirculate as you will. CHAIRMAN DAVIS: We like to recycle. Take a moment and fill out our finding of fact sheets. COMMISSIONER YORK: You've got one more on this end, Bob. COMMISSIONER WRAGE: I really don't want to take this home. CHAIRMAN DAVIS: All right. That brings up -- let's see, Item N was continued. So, that brings us back to PUD-97-7, and seeing how Mr. Killen is the only one still sitting in the audience, we are pretty sure who it's all about. I'd ask all those present to stand and raise your right hand that are going to speak on this petition today so the court reporter may swear you in. (The speakers were sworn). COMMISSIONER YORK: Mr. Chairman, let me declare that I had a conversation with Mr. Killen last night with regard to this, as he did indicate to me that he might be a little bit late, and that's why I asked to have it put to the end of the agenda. CHAIRMAN DAVIS: Uh-uh, great. Mr. Nino. MR. NINO: Ron Nino for the record, planning services. Petition PUD-97-7 is an application requesting rezoning from property that is currently zoned industrial to the PUD classification, and there is a very definite reason why the petitioner wants to go from "I' to PUD, and that reason is that in addition to all of the industrial uses that they are now entitled to, the petitioner wants to add two uses from the commercial district, and those uses are identified in the PUD having to do with home furnishings; home furniture, furnishings and equipment stores and building material, hardware and garden supply stores. The growth management -- the future land use element of the growth management plan designates this area as industrial, and if I stopped right there, that would mean that we qouldn't approve any commercial uses. However, the future land use element says that on the peripheral, on the perimeter of our industrial designated areas, it is possible to introduce what is called transitional uses that would make the interphase between residential or whatever, residential, commercial and industrial, would make it -- would improve it, and for that reason, we are -- we are able to accept this kind of Page 27 June 5, 1997 petition. We are able to accept a petition that says, yeah, we are going to do all the industrial uses, but we are going to do a couple industrial/commercial uses that we think are transitional and qualify with that parameter of the future land use element, and quite frankly, we think that the building materials, hardware and garden supply use that is proposed clearly meets that transitional area, but we have to tell you that as staff, we have some reservations about the home furniture/furnishings because that's a furniture store, and the FLUE -- if we were to give any weight to the interpretation of the FLUE, it suggests that normal retail types of activities, in other words, that transitional zone is not meant to allow a de facto activity center where a shopping center might be permitted. So, we want -- we are recommending approval, but we want to have you -- we would like you to a~reciate that we did have some reservations over the home furniture because it's more of a retail kind of activity that you would find in generally any commercial zoning district. The standards that are contained within this PUD are consistent with the standards that are required for the industrial zoning district. So, this PUD is not structured to introduce lesser standards than would normally be required if the zoning stays the way it is. It's been reviewed by all jurisdictional staff members. There are no level of service deficiencies here. The PUD has been carefully scrutinized by Ms. Student. MS. STUDENT: I have a comment though, so I'll reserve time for that. MR. MULHERE: I think i have one too. -MR. NINO: And the PUD as presented -- well, the PUD in your document had some minor adjustments to them. It really don't affect the intent of the ordinance, and they were only approved in the last couple of days by Ms. Student, and staff -- MS. STUDENT: It was typos, basically. MR. NIN0: Staff recommends approval of the Progeny PUD -- PUD -- Progeny Commerce Center PUD with some minor amendments that are not reflected in the document you have. MS. STUDENT: Gentleman -- I'm sorry. CHAIRMAN DAVIS: The retail -- the retail furniture stores that currently exist in that industrial park then are either illegal or non-conforming. MR. MULHERE: I would say non-conforming, but I think it -- you know, I think that -- I won't say I disagree necessarily, but I would say to you that, in general, a furniture store, which has a · significantly parking requirement than does a retail use of one per 250 square feet for a general retail use and one per 600 square feet for a furniture store, that's generally because the volume of traffic is considerably less when going to a furniture store. It's certainly much less than a hardware store, which, apparently, we don't have a problem with. MS. STUDENT: I just need to put on the record, and I'm not real Page 28 J~e 5, 1997 sure whether it's consistent or not with the comp. plan, and I think that's a question. I can't make that call. I think you need to ask staff whether the furniture store is or is not consistent with the comp. plan, but the law of our state is that any development order must be consistent with the comp. plan, and if it isn't, not only us, but the petitioner, you know, can be sued, and it can be held up for quite a bit of time. Thank you. CHAIRMAN DAVIS: Well, if we were to make a positive recommendation, it goes along that we are making a finding that it is. MR. NINO: Well, perhaps I muddied up the water. I didn't say we were objecting to it. We said we had some reservations, and there's a difference between reservation and -- MS. STUDENT: It's either consistent with our comp. plan or it isn't, and there's a gray area, and that's what, you know, as your legal advisor, I need to have somebody tell me because then I'm going to tell you, if it's not consistent with the comp. plan, you cannot legally approve that furniture use. You can approve the rest of the PUD without that, and that's why I need to know, and if it's gray, then we may need an interpretation, but I need to know, is it or is it not. MR. NINO: That decision, as the staff report says on Page 2, will be made by the Board of County Commissioners. When tb~ Board of County Commissioners says it's consistent, particularly in matters of gray areas, then it is consistent, and the facts are not hidden. If you read the staff report, it talks about the issue identified, and it says the latter in staff's opinion is closely aligned with the required transitional concept, and the final analysis of .the Board of County'Commissioners will make this finding. MS. STUDENT: Well, I guess my only concern is I need some factual information from the experts, which are the planning staff, and I may have to talk to them further before the board meeting and will do that to advise the board, because I can't make that call, and I don't think they can without their expert planning staff telling them yeah or nay, which it is. CHAIRMAN DAVIS: And I guess that's the point, Mr. Nino, you being an expert in planning, many times accepted as such by this board before, are recommending to us that it is, in fact, in conformance to the -- MR. NINO: Yes. COMMISSIONER YORK: Well, when you look at the area there, that -- some limited commercial use on the peripheral seems to fit in with what's there already. COMMISSIONER BRUET: Retail, would seem to me, belongs on the roadway frontage as opposed to being interior. I think from a common sense standpoint, it makes a lot of sense -- MR. NINO: Well, that's not what the FLUE says. COMMISSIONER BRUET: -- as opposed to industrial. MR. NINO: That's not what the FLUE says. CHAIRMAN DAVIS: But when we're working with the -- Page 29 june 5, 1997 MS. STUDENT: But we have to go by the wording of the comp. Dlan, not necessarily common sense. MR. MULHERE: Maybe I can clarify it up a little bit. There's a policy -- there's a policy -- COMMISSIONER WRAGE: Virtually exclusive. MR. MULHERE: There's a policy in the future land use element that says that transitional areas within industrial designated land, and correct me if I misstate it, may allow -- transitional uses may be allowed, and those are not restricted necessarily to industrial uses. As a matter of fact, we had an examDle, the automobile dealership, I think it was the Dodge dealership, that was zoned industrial and was rezoned to C-5 to allow for the automobile dealership as a transitional use. That really was the genesis of Mr. Killen's application, but we were concerned about allowing for the full spectrum of commercial uses in a straight zone district. We said, what do you really want. He told us what he really wanted. We argued back and forth. We came up with, basically, an agreement that these uses were appropriate and were transitional from the commercial to the industrial designated land. So, you know, I think really the finding of the staff is that those are -- that would be consistent based on that policy of the FLUE that allows for transitional uses, but the reason we went to PUD was so that we would have the appropriate level of scrutiny as to what those uses were~ is that correct? MR. KILLEN: That's correct, uh-huh. CHAIRMAN DAVIS: Okay. All right. Any questions of staff? Mr. Killen. ..... MR. KILLEN: Good morning, Tom Killen. I've got to give you a little background on this. Jim Jentgen took this little over nine acres, 9.27 acres and has put it into trust for his children. That's why it's called Progeny; good name. Along with that, he's been negotiating with a gentleman who is now in the industrial park in the used and quasi-antique type furnishings, and that's the reason, specifically -- to try to keep everything open, above board, zoning life, so forth, so one doesn't have to play games with uses. That's why I specifically wanted to get this type of furniture thing a~roved. However, unfortunately our codes don't cover used antique type furnishings, and when you say furniture store, you think of Haverty's0 as someone who has sales on Saturdays and five million people show up, and this is the wrong image. I'd like to clarify that. These two -- this is one thing. What he likes -- what he wants · to do by zoning or making a PUD out of the entire property, it gives for his children a decisive plan of zoning for some time down the future, and right now, most of the property is covered with a mini warehouse project, which is in operation and in good shape and does quite well, but he wanted to include all of it together so that somewhere, 20 years from now or somewhere down the line, maybe not in our lifetime, that this could -- overall plan could be converted into Page 30 June 5, 1997 something similar to what's happened on Trade Center Drive or Trade Center Boulevard. We have all different ty~es of small businesses, a warehouse and so forth, grouped in that area, and based on that, we've kind of said that once the mini warehouses are torn down and some other plan comes in that triggers the PUD, and then we come in with the arterial drives and all the other things that are required by the PUD. CHAIRMAN DAVIS: Questions of Mr. Killen? Obviously, there's no one else to speak on this, so -- COMMISSIONER OATES: Maybe Katie would like to speak. CHAIRMAN DAVIS: I'll close the public hearing. COMMISSIONER YORK: Mr. Chairman, I recommend we go with PUD-97-7 for the recommendation for approval. COMMISSIONER OATES: Second. CHAIRMAN DAVIS: Motion by Mr. York for recommendation of approval, seconded by Mr. Oates. Is there a discussion on that motion? Ail those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN DAVIS: Carries unanimously, and we continued Item N. I do believe we are done. Anything else, Mr. Mulhere? MR. MULHERE: That's it. CHAIRMAN DAVIS: We are adjourned. Thank you. .... .There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:00 a.m. COLLIER COUNTY PLANNING COMMISSION MICHAEL A. DAVIS, CHAIRPERSON TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Dawn Breehne Page 31 COLLIER COUNTY GOVERNMENT J u L 1 1 1997 801 LAUREL OAK DRIVE SUITE 605 NAPLES, FL 34108 (941) 597-1749 FAX (941) 597-4502 A C:~HED BLUF. CHIP CO~.~rrY NO~__Q.~__..~__~F PUBLIC MEETING NOTICE IS HERBEY ~ OF A SPECIAL MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON JULY I6, 1997 It 10:30 AM. AGENDA 1. Roll Call Consideration of Contract Manager Services with the firm of Gary L. Moyer, P.A. for Fiscal Year 1998 3, Conaideration of a Consultant Contract Amendment for the Clam Bay Management and Restoration Plan - Mr. Ted Brown 4. Audienc.~ Participation ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PIh~ON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY ADVISORY COMMITTEE, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Misc. Corres: Norr 15 -7~ Hancock Ccm s tant t n e..~.l,L~ Date: Mac'Kie Birr, Item, /~. Copies To: FLORIDA DEPARTMENT OF STATE Sandra B. Mortham DIVISION OF HISTORICAL RESOURCES MEMBER OFTHE FLORIDA CABI~E'T rm, li~,x' Palm Be.k~ Ct~um~' H~r~ Tall~ Pt~'am~ H~r~ Tam~, J~e23,1~7 Mr. Rich Bray Environmental Sp~alist Department of Enviroranental Protection Bureau of Beacbes and Coastal Systems 3900 CommonweaJd~ Blvd. Marl Station 310 Tallahassee, Florida 323999-3000 In Reply Refer To: Susan M. Harp Historic Preservation PIaram- Pro~ect F'ge No. 972773 File No. l 1-304991-1 Applicam: Collier County Pelican Bay Se~,,ices Division Collier Coumy, Florida Dear Mr. Bray: In accordance wkh Chapter· 403 and 373, Florida Statutes, and implementing state regulations, we have reviewed the referenced project for possible h~a~t to historic properties fisted, or eligible for listing in the National Regi~er of Historic Places, or otherwise of historic, archamlogical, or arc~ value. The ref~xl projec~ was revi~xl by ~s agency and our corfu'hems are as follow~. The Pelican Bay DevelopmenI Sk¢ was subjected to a cultural resources assessmem survcT in 1989. Seventeen archaeological gtes were addressed in the surv~ report. Two ofthe sit~ 8CR476 and 8CR547 (see enclosure), were noted to be in the 'preservation zone" and therefore, were not tested for significance, as this testing would be unnecessary it'these sites were to be preserved. Nevertheless, while reviewing the current proposed project, k appears that these two sites am encompassed ~ the Spoil Broadcast Area of'Cut #2. In addition, while archaeological ~e 8CR576 was not addressed in the 1989 archaeological assessme~, ~ too, appears to be in · SpoU Area. While covering archaeological sites with spoll should not adversely affect them, the applicant should be made aware of the presence of these sites. These sites should be avoided by any heavy equipment and should not be subjected to any l~nd clearing or ground disturbing activities unless subjected to prior testing by a qualified archaeologist. DIRECTOR'S OFFICE R.A. Gray Building · 500 South Bronough Street * Tallahassee, Florida 3239q-02.~) · (904) 488-1480 FAX: (904) 488-3353 * WWW Address http'd/www.dos, state.fi.us ARCHAEOLOGICAL RESEARCH ii}"/HISTORIC PRESERVATION _'I HISTORICAL MUSEUMS (904) 487.2299 · FAX: 414-2207 (904) 487-2333 · FAX: 9*'*.41496 [904) 488-1484 * FAX: 921.Zr~03 Mr. Bray June 23, 1997 Page 2 '1 George W. Percy, Director Division ofI-listorical Rrsotn-ces and State ITmoric ~ Officer Enclosure (1) Collier County, w/emi. Mr. Ted Brown, w/enct. Collier County PeSc~ B~y Services Division, w/end. M~. II.mEn l),.mTmgl(~., Fc~n~.~A Beth " July 7, 1997 ' ^ICERMAN. SENTERFITr & EIDSON. 'P.A. ATTORNEYS AT LA~I ON~NOO, KS. ONtO,e, TI:LI:CO~Y &40~ Anthony p. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, FL 34108 RE: Dear Anthony, Clam Bay Restoration and Management Plan I have been provided ' w,th a copy of your Intemet research regarding Sarasota Bay and in particular the utilization of spoil islands as a means of discharging excavation from dredging operations. If' the Conservancy's objection is based on what was done in the 1950's to create navigation channels in a variety of Florida's intercoastal waterways, the comparison is, as you have noted, without merit and frankly, quite disingenuous to suggest so. In the 50's there was no concern but for the most cost effective way to get rid of material and a number of spoil islands were created. To the extent they were vegetated, they were planted with exotics, mostly Australian Pine, but in many instances planting was left to the whims of nature. We are not filing over seagrasses. We are not filing where there are significant wetland functions and values in need of preservation, but have carefully selected sites that afford a meaningful opportunity for habitat diversification that should be and I think will, be viewed as a plus as the process unfolds. Thank you for your interest and input. Ted g. Brown CC: Jim Ward Hilbum Hillestad Susan Watts O~LA~O0 WOODWARD, & LOlVI3APd)O, P.A. 101 L&ux'el Oak Dr,.Ye, ~udte ~40 Naplo~; Florida 34~08 lq TO: FROM DATR RE: James p. Ward Anthony p. Pires, July 3, 1997 S/gnedln Mt. PItts' ~bsence~uprcYunt~elay P~SD/The Conservancy/Dr. David Guggenheim/ Sarasota Bay Study _ After yesterday's PBSD Board meeting when Dr. Guggenheim rezerenced a Sarasota Bay study as evidence of Cpnversancy's ob ection a basis for the s~tes and found Jn~ ~ to the_~poil isl~ndf I .searched the web O ..... the Sarasota Bay Natlonal Estuary Program (Sarasota Bay NEP). Enclosed is a copy of a portion of the materials that was on the web site. There was also extremely technical data on said site. It appears that the dredging that was referenced in the Sarasota Bay report dealt with, as Dr. Guggenheim mentioned, the creation of the intra coastal waterway in the 50's. However, what he did not mention was that the spoil islands, according to the enclosed materials, covered seaqrass beds. It is my understanding that the proposal by the consultant team for PBSD will not result in the deposit of materials on viable seagrass beds and therefore is in marked contrast to what occurred of almost 50 years ago. Perhaps you may want to pass this on to Ted Brown and Dr. Hillstead and advise them of the web site. I found the web site merely by typing in Sarasota Bay National Estuary Program in my search engine. .iLl. 0,3 '97 24:48 94159'74502 PP~E.02 SA Sarasota Bay: Reclaiming Paradise Status and Trends Copyrish! 1993 by the Saruota Bay NEP About O~g,.~.~l~ned ohoto,~ ,71..L 03 ,cj? 14:48 cj415cj'?45~12 PIqC~.03 Sarasota Bay: Reclaiming Paradise PREFACE "Sarasota Bay: Reclaiming Pa,~," produced by the Sazasota Bay National Estuary Program for the people of Manatee and Satasota counties, descn'bes the extent ofthe Bay's problern.~ and presents ide~ for · ~)hJtlons, This publication s~'nzi~ information published in 'S~nzota Bay: Framework for Action." 'l'k. information and Bay management options included here will form the basis of the Ct mprchcnmvc Cortscrvation & Mamgcrm~ Plan" scheduled for completion in Surnngr 1994. "~ ' This publication includes a summary of the Sa,'asota Bay Pmgrarn's findings, options for Bay irnprovcmcnl ~ an in-depth discu.~ion ofthe Bay's condition as investigated by the Program. A self-quiz on Sarazota Bay also is provided to enhance the reader's undermaading of major Bay issues. 'i'M technical information presemed here has been reviewed/'or accuracy by national experts in related fleld~. Additional technical detail is a','ailable at the Sazasota Bay' Program, 1550 Ken Thompson Pack',v-dy, S=rasot~ FI..34236. Published by the 5m'asota Bay National Estuary Program Mark Aldcrson, Director David Tomasko, Ph.D., Senior Scientist ] Icidi Smith, Public Afl:airs Director Stman W. Walker, Business Manager lfditom Paul Roat Cathy Ciccolelln I leidi Smith David Tomasko, Ph.D. drt and Design Patti Cro~s Tom Cross Writers M.'-k '" I' ~..'l,~l James Culler Robert G. ~, P.E., Sc.D. I.. K. Dkon ~q~y E. l~s, Ph.D. Emit D. Est~ PkD. M~cl Hcyl S~ ~cy Sieve Y. Peter S~g, P~D. Acknowledgements f. Traxorn Bm/?/ational Evuary Program M~.! C~nfere~e Poli~ Co~ittee City S~t~ Cou~ SW Mona Water ~g~ D~ U.~ En~o~ Pm~n M~en; Commi#ee CT;~en A~o~ C~mmi~ee Tec~ical N~.vo~ Comml#ee KP~ P~jec't O~cer gpecial Thonk~ Lori Ktnetty SW~VMD for ~mt~ VISION FOR S~SOTA BAY ~ ~ ~t~, w~re ~~ ~m ~ ~ ~ ~ ~ ~ ~m t~ ~ S~ Bay ~vMcs a n~ for ~ ~ ~. ~t~ on ~'s ~t-~ ~uth~ t~ ~mer ofe ' co~ S~ Day ~m~ of~m ~ a ~-~n ~p~. 'F~ comm~i~ ofM~ ~ S~ta ~ ~ on t~ ~ for ~ ~n ~ ~c. ~tv er~l h~i~. ~ ~ ~s a~ ~re al thc c~ter oFn ~i .:.~... ~ ................ attractive to both people az~d COme. It is estimated that' SO percent et'the popula6~n ortho Unit~J'Stmcs wiU live within 50 ~ ora .'r,:asbore by the year 2000. l.ike other are. as of the I fnited Sram and Florida, the Sarasota Bay region continues to experience rapid popu 'laJion growth and increased dcvelopmmt The area's population is expected to grow by 25 pcrctmt during thc next I0 years, acco~ by increasing pollutant and use impacts IJ~ly to tJu'eaten the Ray's health. :U. 8~ '97 1,f:d8 ~J415~'74582 I~. 8S Recognizbg thc potcnthl £or'~-tt~. dcstmct|on of thc ~s ~o~c~ thc ~ ~~y ~ ~i~g ~ t~'S~ta Bay Nat~ ~ ~ to ~p co~re~ ~tc~ to ~ove t~ Bay ~ Ban~ly 50 ),em ago, natives of the Sarasota Bay region l:~in~ed a vibrar~ portrait of Sntasota Bay..e~agrass meadows were teeming wi~ scallops, and oyster ~ were boumifuL Snnd tlats were thick with clan'u. 'fhc F~sh population was so abundant that one long-dine rcsidcn[ recalls, "You could hardly row across to one of the keys without ending up with a dozen or so ~sh ill yom' boat." Sparsely developed, rnan~o~,.lined shores stmcl~ ns ~n' as the eye could see, with nativu phnu ~iterin8 runoff f~om the land before pollutants reached the Bay. Cle~, clcan water pmvided exc~ habitat fur 6sh and other ~ I~. Small, intimate couununitlcs hounded the Bait, o,'cu~nc knew everyone cbc, and the souc o£1mhce was .,~tron~. SARASOTA BAY PRESENT The present 8nra.sota Bay is very dUTcrent. Seagr~ beds ~re dimiaished, and ren-a~ ~eagn~ fiats are scar~ by the track~ of boat propeUer~. Scalbp, oyster and c'lam ~ hav~ been reduced, and angk~rs' catches arc gcnendly reduced as well Natural s~orclinc habitats have been replaced by seawaJIs, and once-abundant mangrove w~lands ~rc dcp~ed. Intense rr. sid~tial and corr~n~rcisJ development is found throughout the Bay area. with an accompa~;~ incrcase in stormwater runoff, wastewate~ pollution, sediment and chemical comaminants flowing into thc Bay. 'l'he human e~vironm~nt has cba~ed am woO, with people often ~ with their neighbors and generally lacking a sense of place and cotmnmity. are no Ionser found in most of Sarasota Bay. due to declines in water SARA$OTA BAY FUTURE 3LJI_ ~ 'gT 14:49 e~,15=~74.~2 I:~:~.~ Sarasota Bay'~ futurc dcpcnds on ~ch orus, as tro'nt~ous opportu~ties cxist i'or L%oroving danmgcd Our In this brighter futta'e, water quality improves througl~ut the Bay, with a resurgence of submerged scagraa.scs and r~lated marine life. C-~chcs off:~nh incrcase for both recreational and commercial fishcrm~:n. Wetlands, Ix)th freshwater and tidal, ate restored. Ex,lng wetlands, viewed as v~tal ]inks between people and the Bay. are protected from harm. Canals in residential corrantmities become dramatically more-productive habitats for marine life. The community aggressively pursues storrcm, ater management and treatment. Residents naturalize their yards, ptantinl[ native habilat.n for birds and w'ikllife, and wildlife returas. Direct discharges of was~ewater to Sataaota Bay are minim~. Septic tanks and inefft'ctive packnge trenttncnt piatns ate rcplncc, d with cnvironmcmally appropriatc trv. atment systcms w~th cfflucnt n'usc. Trcatcd wastewater i.s perceived by residents aa · source ofwater to be used far irrigation, rath~ tKan · by-product for disposal. Inlets and passes ar~ managed and monitored as tnechanisms for improving the Bay. Rccrcationa] opponunitics increase as thc [}ay improves and contlicls betwcen user groups arc rcsolvcd. Management nnd protection of'the Ban/ate centnd to the decisions ofgov~rntnent and the practices of' citiztns. Citizens and government share a common goal: to implement a comprehensive Bay restoration pla~. TIlE ROLE OF TIlE SARASOTA BAY NATIONAL ESTUARY PROGRAM In an effort to reclaim paradise by achieving th.is vision for the Bay. the community, local govermnents and Mote Marine Labor-,ttory brought the National 'Estua~ Program to Sarasota Bay. National Estuary Programs combine the knowledge ofcitiztn and technical ' · Mv,,sors, semor govenunemal ol~cials and slalT, plus elccted o~cials to prornotc bay protection and Sara.~la Bay was selected for inclusion inthe elite ranks of'thc National Estuary Program in July 1988 by thc U.S. Environmental Protection Agency (EPA). Unlike estuaries in many other areas of the country that aln:ady wcre pnrt o£the national program, Sarasola Bay was not faced with industrial pollution. Instead, pollution and habitat loss from development and overuse were the train ~ to · once-pristine re~urce. Pressures from growth made Sara.sola Bay an excellent national and state model for strategies to help other fast-growing coastal atea~ oft,he country. The Sarasola Bay Program ofr~ially began with t~ signing ora l%e-year agreement among local, statc tux:l £cderal govcrnmcnt agencies on .rune 26, 19g9. The agreement specifm:! that the Program would produce three major documents: Ihe "State o£the Bay Rtlx~rt- in 1990, the "¥nm~work for Action" in 1992 and the "Comprehensive Conservation & Manago. nem Plan" in I ~94. Thc Sarasola Bay National F. stuaO, Program also estab~shed a broad-bascd commi~tcc nc~work linking policy, management, citizen and techttica] leaders to develop · strategy to improve Sarasota Bay. Seven goals guided initial stages ofthe Program and supported developmem of technical prnjectn to 941 $9'745~2 ~qG~. 0'7 16G 1' S~ruo1~ Uay Program During the past 50 years, human activit~ ~ caused a slow but sleady decline in the general health of Sarasota flay. The people of N~matee and Sm~sota counties are now ~ the extent of'damage that bcgan with n'mxsive drcdgc.a~-Ell projccts in the 1950s, and continued with ~ community's rapid growth and as,,,ociated pollution. Only recently has the community iced in~roven~nts in the Bay, largely as n result ofconcerted government action to improve water quality through better wastewater treatment. Still past destruction ofseagr~ses and mangroves, and continuing pollution fi-om wastewater and stormwater, present a major challenge for the stewards o f Saruota Bay. Thc work ofthe Sar.om Bay National Estuary Program describes the state of the Bay in &'tall, presenting the most comprehensive technical information ever compiled on Sarasota Bay. Scientists report on nature's indicators - water and sediments, fish a~ shellfish, sengrasses and mangroves - to dcRnc the ex'tent of Bay prohlerm. This work, conducted by some of the ~ate's fine.q estuazine ~ientists, rcvg~ds a natural resource in jeopardy. In fact, past alterations to the Bay have been so d. ran~ic that restoration to a pri~inc condition will not b~ possible. Significant improvements in Sarasota Bay can be made, however - but only through intensive community action. In this spirit, thc Sarasota Bay Program suggcsts solutions to Bay problems for community discussion. By the summer of 1994 a fitTn plan ofaction will emerge, including financing strategies and agency resportsibiIities. With the involvement of area residents and concerted effort by local, state and federal governments, a better belmce between human uses and tlx: health of Sarasota Bay can be achieve& The area's economy and its residents' qualily oflife depend largely upon thc community's success. Findings of Fact Circulation Circu 'lation is thc movement and mixing of water throughout the Bay, important to its water quality tx:cause thi~ movement dLsperse.~ pollutants while distn'butin8 organic matter that contributes to the Bay's Food web. Much ofthe environmental damage to Satn.~ta Bay occurred during the 1950s and 1960s. through co~truction of the lntracoastal Waterway and canal cormmmitles throughout the region. ']'hese cb*edge, and-~, projects covered productive seagrass beds that once provided habitat for ~h and other Bay life. Dredging projects also changed water circulation and salt comcm (salinity), cxtcmivcly alteri.g habitats for finfish and shellfish. Damage to the Bay fi'om altered circulation was exacerbated by stormwater and wastewater pollution as the area rapidly developed. Projects proposed to enhance water citcula/lor,., such as reopening Midnight Pass, have been hotly debated, polarizing the commuaity. Enhancing water circuJafion in Little Sarasota Bay by opening Midnight Pass would signif'~antly improve wa~ clarky in the gcneral vicinity of the pass, in addition to improving circulation ~on] Coral Cnve to Blacklx~ Point. However, ch'culation woukl decrca.~c near Phillippi Creek and in southern Roberts Bay, increasing thc potcntial ['ur pollutant impact L~ those · Prclimimry information ~u that c'~'~:tdation in nnnhcm Sara.tom Bay is signilicantly influenced by thc Manatee River. Ongoing investigations will fiu'~r define t~ river's impact~ on th,: Bay. JUL 03 Map ol .";am~.a Bay Pollutant hr-ds, Water and S.dimtnt Quality Th~ principal polhltants orconccnt b SMasota Ba~ ar~ mltficl~ (p~'}y nltroRen) and toxic substallCCa (1~ rm~ axl lX. Sticid~). Aa o~r-~ of~ro~ hanm the Bay by ~ ~l~al IFowth. which r~ducc~ li~t penctration to sulxn~cd ~ and, throw, h biolosicai a~l chemical proccsse~ dcpJctc$ oxygen f~m the wat=.. Toxic sulmanc~ such u heavy metab sad pesticides caa be deadly or ma), int~r~ with reproduction or larval developmmt in ~ and shellfish. NutrientJ I {uman-induccd sources of nitrogen include stormwatcr (including fertilimrs from lawn care and agriculture), wastewater (including small and large waatewater-treatment plants) and groundwater (from septic ~/~t~ns and small tnnanm~ plants). · Current nitrogen loadings into Sarasota Bay are approximately 300 percent of wi, at existed bet'om the region was developed. Nitrogt~l loadings are projected to increase ol~y eight percent during the next 20 years, and ! 6 percent when the area is fully developed according to existing plans. Waltewatcr Improvcmcnta at wastcwater-trcaxmem olx'mfions in MaMtcc County and thc City of Saga.rata have contn'butcd to improved water quality in the central and northern portions of Sarasota Bay. Both plants pump the nitrogen-rich tr~tad wastewater to irrigate golf courses and farms, where the water and nitrogen are both needed. Expansion of reuse systems $.t both plains is underway. Reusing treated wnstcwater for irrigation reduces m,Rticnt pollution ofthe Bay and uses limltcd water rc.'~urccs more efl'~cicntly, by replacing potable water as a source ofirrigation. Achicvin8 Advanced Waste,water Treatment (AWl') standards at thc City of Sara$ota's plant in 1991 reduced the plant's nitrogen loading to the Ray by 80-90 percent, resulting in a 14-percent decline in Baywide nitrogen IoadinSs. The plant now conm2age$ less tlum three percent of the Bay's total nitrogcn loadings. 'i~: amount of nitrogen that may be imroduced into Sara$ota Bay from wMtewatcr-trcatrnent plants is regulated by la,c. nhrogen pollution fi.om septic systems is not regulated by federal, state or iocni laws. however. Septic sy~cm~ remove l:~cterla to prevent hazards to human heahh, but r~T~ving nitrogen to protect water resources is not the primary function ora septic system Residual nitrogen fi.om septic systems is transported to the Bay by groundwater. ~ ~ ,ej~ 1d:51~ eJ41SeJ'?4513~ F~qC~. 10 " 1 W.~tewater ~reatmcnt in tM: Link: Sarasota Bay region of Sarasota County is provided by 451~ G ~,eptic systems a.-xt 71 ~ wastewatet-treatment plants, some of which can load nutrients sim iLatly to ~pt;c systems. Septic sy~term in Sarasota County contribute approximately four times more nitrogcn to the Bay Ihrough groundwater tramix)rt than the City ofSaraaota's wastewater-treaUmm pl~ discharg~ into Whither Bayou. Stormwater · Baywide, stormwatcr conm'butes approxinmcly ~0 percent of Saz'a~ta Bay's nitrogen content. · Laxxi uses are important in calmdating stormw~et IoadL,~ ofnitmgc~ into the Bay. Land use: in the Sarasota Bay region b~clude 40 percc~ residenti~, 10 pe'ce~ other urban development, I0 percent agrlcukura] and 40 pcrcent ~ or pasture la,-xL · Rcddcnt~ laad usc~ comr2Rnc 30 pcrcent ot'n~togen load~ to the Bay. lligh n~rogcn loads ~om · Stormwater pollution c~ be reduc~ in developed are=IS by improving existing stormwatcr-managcmcm st~ nxlucing erosion and improving landscape ma~tcnance practicc~. F~r example, an estimated 30 percent less nitrogen will reach Serasota Bay eom Ciower Creek in .',;arnsota County when stonnwater management is improved in the area. Also, up to 80 percent of sttsr~nded solids, which decrcsac water ¢ln,,'ky. wgl he rernoved before tl~ reach the Bay. · Both Manatee and Sarasota counties bare developed Stormwater F, nvirorunenta~ Utilities to improve stormwatcr management. Saraeota County has adopted a ~-e structure and is planning Jmprovern~nt strategies for priority re'cas, including Pl~llippi Creek and Hudson BaFou. Manatee County is expected to adopt a fca sm.mm in 1993. Toxic Substances The major source of heavy metals a-id pesticides in Sm'asot~ Bay is stonmvater runoff, except in thc case ot'zinc, which is largely deposited by ntinfaa directly on tbe Bay. Heavy rnet~$ include elemem such a~ lead, copper and cadmium. Lead and cadmium come from vehicle cmissions and deterioration of brakes and tires. The~ metah collect on pavement and, when it rain.q, run irao Sara.,mta Bay through the re'burro'les. Copper, oRen found near rnarin~, is thought to be as~ciated with antifoulir~ bottom paints used on boats. Copper-containing herbicldc.~ may be another source. The ~urce ofaUno~ ~ is undete~ I.eveh ofmetah in shellfish were usually far be]ow federal guidelines for health and safety, but were well above the avcragea in Florida for lead, zinc and copper. Heavy metaL~ (copper, zinc and lead) were found h elevuled k'vc]$ in aotrg creeks ~ bayous flowing into the Bay. Concentrations of heavy rretal$ in some sediments were formal to be at ievet~ of ecological riak, but posed no risk to humans. Pesticides were aJso found in trace amounts in sediments in them Iow-.~linity areas. The combined effects o£toxic substances found in 5ara.~)ta Bay are a source of additional ecologY, al conccm. .rUI. 03 '9'? 14:51 94159'74502 Fh:aGE. 11 · · The eonccntration of't({xlc substances in vital Iow-salinity envlrortn-,ents is o£concern because f'Lsh sd SbetT-~ require these habitats dm'ing theh' sens~ive juverule stages. Healthy wetlands and Bay hottoras are in~x)nant to the vitality of Sarasota Bay becau,~ they provide rood and shelter or Bay lire. Wettands, which inchs~ freshwater and intertidal habitats, also fitter pollutants and help regulate the flow ofi'esh water into the Bay. Intertidal habitats, salt marshes and mangroves also help protect shorelines from erosion..?~orne Bay bottom halgtats include seagrass beds, oyster reefs, sand and mud. Seagrasses support the Bay's fisheries, contrib~e to the food web and trap sediments. Wetlands · The azea of'inter~klal wethnds Baywida has likely as rcsidcmsjust;fy mangrov~ and declined 39 percent since 1950, and additional declines are wetland removal ,,s a propr~ary Hght. · gettlerncm patterns in Manatee and Sara.sot,, counties accourtt for the majo~y of wetland loss. In Manatee County, agriculture and developn:~ began on the Manatee River, ~ Bay. This led to the dastruc~ion of many fr~hwater wrts-.,~. -- --- .then moved westward to rpare mangrove wetlands on the Bay. Conver~h, o ..... .~_,,~,.t~'t ~usow.ea recent regulation to leading to deslruction _ -. _w.,,, oarasota Coumy's growt~ centered on the Bay. .system.,,. of g0 percent of the natural mangrove shoreline but sparing many fi'cshwatcr · The quality ofexisting wetlarg~ both flesh and saltwater, dapends on the amount ofdis~e by people and nature. · Radical pruning ormangroves does not appear to be common practice. While about 33 percent or mangrove v~tlands show some amount ot'~ only mangrove wetlands are prtmed to less sev,m percent of the total remaining percent or'mangrove than one-third of their natural height. By comparison, about 66 wetlands are a/fected by encroschn, g~ of non-native plants, such as Brazilian pepper and Australian pine. · From 1975-91, 16 percent ofall freshwater wetlanda in the Sarasota Bay watershed were lost at ms average rate of $5 acres per year. Non-forested w~tlands (grassy marshes) were hardest hit, with 35 /~o'cent lost during the same period. Bay Bottom Seagrasses currently cover about 26 percent of'the Bay's 33,000 total bottom acres. · Although seagrasses have decllm~ approximately 30 percent Baywide, areas such as New Pass and Longboat Pass show sustained and significant increases in seagr'ass coverage. The increases near l.onghoat Pass may be due to new growth on shoals created by dredging, while at New Pass bcttcr water quality appears to be allowing seagrasses to grow into deeper water. · Signi£a:ant shifts ofseagrass species (fi.om 'Thalassla' to '~lalodule' and 'Ruppia') in l.ittle Sarnsota Bay lndicatc dcclining watcr quality there. Thalassia (turtle grass) gcrterully rcquires bertcr water quality than Halodule (shoal grass) or Ruppia (widgeon grass). · Extensive acreage on the Bays hot'tom was altered to create homesites and boat channels during the 9415974502 I:g~E. 12 1950s and 1960s. Many oflbe~: dL~t~ areas ~e now 'sinks" for Hne-gra~n sediment and ~llutems. Appmxin~tely 15 percem (4,~06 acres) ofSarasma B~s I~ttom bas been clL~trhed~ many disturbed bottom are~ ~e anoxic (no oxygen) or hypox~c (low dlssolved oxygen) and can no longer support dive,se aqua~ic life. · At current observed rates ofga-k..vei rbe. higher high tide~ experienced in the Sarasota nay an:a wi~ be 2.2 inches higher in the year 2020 and 9.8 inches higher in 2115 than at present. Accelerated rates of sea-level rise based on the best, most rece~ estimates of global warming indicale that h~gher tides could be :5.8 inches higher in 2020 ami 25.2 inches higl~r in 21 I$ than prescnt icvels. · These l~gher water Weis could cause sakwatet to intrude inzo shallow-water aqu~er.~ decrea.~ efficiency ofseptic-tank are unable to migrate erode beache~ causeways and seawa~ ~own tidal wetlands landwnt~ elimimtte some seagrasses due to lo~s ufadequaz- light and increase surface rtmofrand associated pollution aa so~ hecome m~re saturated. Fbhe.'ies A productive Eshery contributes to the Saraaota Bay trca's economy and quarry olive. Given that atmom 50 percent of Sarasota Bay is less than three ~'t deep, thc Bay is a prime nrta For ~ts £tshing by recreational anglcrs. Sarasota Bay L~ also home to Cortez ',~lage, one o£the oldcst commercial £~-zg centers in F~rida. Recreational anglers may hook trout, redfish and snook, w~lc both com. m~cial and recreational fishermen net ~ in the Bay. · Declines in water quality and productive habka~ combined with increased ftsAing pressure, have resulted in redueed fisheries ~n Sarasota Bay. Landings ofsea trout by commercial and recreational ftshennen combined ate down by 50 percent f~om 1950's leveis; env~romnent~l alter:.~tion and degradation is the most likely cause of the decline. The a~q'nge rectetttiorud angler in Su~asota Bay now catches one "keeper" fish every three to four hours. · PrclLm~zry information suggests lhat sma~ attif~c~ reefs for seawa~ increase £L~ abundance in rcsldentisl canals. An average of 250 fish were found in canal locations with the rec£s; no £~sh were found in Iocatiom w~out the structures. Recreation · Rccrcatinnal u~ of Sa,-asota Bay - including swinuning, boating, fish/n8 and the most-often, cited recreational acfiv~y, simply enjoying the view. contributes to the area's economy and quality · Increased use of Sataso~ Bay has resuhed in areas ofcunfl~ between user groups (anglers vs. skiers, boaters vs. swimmer). Arcas ofconfllct ate the b~acoastal Waterway (ICW) around Ph~J~ppi Creek, Manatee Avenue Causeway, Ven~: inlet, Big P~ss, Longboat Pass and the [CW cmrancc to Big Sarasota Bay just ~uth of the Sister I~. Citizen Involvement · A public-opinion .~ey conducted by the Sarasota Bay Program concluded that people are not weil-lnformed about the Rays problems, but a~e wiling to pay for improving it. ~J4159'74502 Rl:~E. 13 · · Most exi~ing educational opportunk~s t~cd to Sarasota Bay emphasize idcntTx:ation and functions ~fnatural s~em~; they mreb, focus on ]3ay problems aad their so.bas. so,.Uo.. 1 6 a 1 Although damage to Sarasota Bay is extem~, improving the Bay is poss~le and financialJy fe~.~le. Management approaches mggested here focu~ on major problcm.~ of the Bay: wastewater, .~tormwatcr and habitat Jo~s. Addilional ams for di~cusslon fix:Jude ~ management, recreational use, overt management oftbe Bay and citizen im~oh, en~nt in Bay restoration and protection. Most Bay-restoration strategies wi~ need to be te'iored to regional priorities within the Sara~ta Bay watershed. For example, garasota County's drmnatjc Jo.~ o£mangtove wetlands requires empha.~i.s on r~toration, white the ex~ence ofl~y lzamgj'ove ateM Jn ~[aaatee County poJz~ to a ileed for cunt[nur, d protection. L~ewbe, determining priorities between storrawater and wastewater soluti,ms needs to be app~d on a regional basle. Ahhough ~on'nwater nmoffcontn'bute~ 50 percent ofnutrier~s BaTwide, was~cwatcr is of equal concern in Sara.~ta Couaty, where septic system.~ axl package-treatment plants contribute a high percentage ofnutrlents. Eliminating portion from both wastewater and StOrmW'dtcr wOu~ bc extremely effective in reducing nutriem aod to~c poEution in teat area. MoreovtT, Mrne stralegie~ .,n~:h ~ improving residen~ lawn care and water conservat~m, can be applied Hnywidc. An overview of'potent~ Bay improvement strategies L~ provided in this publication. Save Sara.~ota Bay In summary, in£on'n~ion collected by the Sar~la Bay Program reveals that many dramatic changes have alccady occun'cd in the Ray. Signs ofbe~:lg are app'zte~ ia some area.% while others - pa,"ticuJarly thc tributaries and pm-L.~ of the lower ~y. may no longer be fulfilling theix" natur, d ~unctions. Fly pursuing National Estuary Pro,-am statu~ for Sar4sota Bay, the local community expressed n dcsirc to restore Sara.,~ta Bay to a past, ~ed coati[doe. "Sa~asota Bay: Rec -laJn~g ParadL~e" suggests ways thc community can improve the Bay. However, the question remains, "l[ow much investment o£cffon and re~urces m-e citizens wi~ng ~o ma~ [o restore ~ Bay?". The peopte ofManatee az~ Sarasota counties have an oppo~y to answer ~hat questiolt dt~ comLq8 months a~ managen'ent optJor~ ~rc reviewed. The cha~enge facing the peopk ot'Sar~ota Bay betwem now a.,xl June 1994 Js to deten-n~ pdoriti~ among potcmiaJ solutions, and to impieme~ a comprehensive sttateg7 to improve Sarasota Ray. Ackaowled~emeeta The author wishes to thank the Sar~ot~ Bay Program Management Conference and principal investigators for contributions to the content aad editorial developmem ofthL~ summao, of the Framework for Action. The author also wishes to rccognb,,e t~ contn'butions ofr, affmcmbers ffeidi Smith. David Tomasko and Susan Walker in editorial and technical review oftbe State of the Bay 1992. J'IJL. 03 '9'? [4:$2 ~J4 ~. S9'7451~2 1:¥'4~. 14 16G"l" Sarasota Bay NEP Fact Sheet introdactJoa During the past 50 )znrs, lmman ~ have ctmed a slow but ~eady dccline in t]~ general health of .~arn.~,ota Bay. The people of Manatee and .~arasotn counties are now rea~ifir~ thc extent ofdamage thnt de.ruction ofseagrasse$ and rramgroves, nad continuing pollution n major challenge lbr the stewards of Samaota Bay. from wastewater nad stotmwuter, present Convened in July 19g9, the Sarasota Bay National Estmry Program compL*ted its State of the Bay report in January 1990. Atqo in 1990. the Ma~g~ Co~ initiated and r~afiaged new technical, early action, public particifmtion projeot$. By 1992. the $arasota l~y National Estuary Progllm completed the most comprehensive ana~is ofany estuary in Florida. Characte 'rtzntion * Baywide sca~raas habitats in Sara$ota Bay ate estimated to bc $0% as producfivc as thc7 were prior to dev~lopmem and approximately 40*.4 of the Bay's intertidal wetlands have been lost. * Concentrations of heavy metals in son~ tr~mtary sediments were found to be at levels of ecological ~ Pesticides were aho found in trace ~,nour~ in sediment~ in Iow ~linky ~ Thc concentration oftoxi~ substances in vital. · · · during low salh/ty emrommm i~ o£comem became f~ and r, hellfish requ/re t/ese h~bitau semitive..juvenile stages. * Nonpoint r, oura: nitrogen luad~ ~'~ted with w~tew~et tmatrm~ by acptic tanks and small treatment plama can contributc significantly to rmtriem over-em'iclmaent in coastal watera. Nitrogen pollution of the bay via groundwater Imm septic tanks ~ small treatment phnta is not tegulatcd by local, state or federal laws. * Rtotmwatet runoffcontn"oute$ $0% ofthe nitrogen Io~1 to Sara~ota Bay, yet nitrogen is not effectively removed by $tormwater treatmeat structures. Pollution prevention may be the moat cost- cffective avenue for reducing nitrogen Io~la ti'om $tortm,~ter runoff. ,11.IL I~ '97 14:$2 941~'gTaSi)2 PI:IGE. i$ AD ecos~tem 'pproach to regu~ory decisions re.ed to ml~ural resources is required t. rt=tor~ cou.~tal environments. Dbchm'ge points for ~ treated wa~ewatet, wetlands pea'hitting, roadway developn,~nt and stormwater treatment stratcgic~ should be iatcgratcd to provide the highest possibk bcnc~ to rc.~torin8 natural systems. In addition, the NEP framework provid~ an kleal forum for generating cooperation amon~ government N~nciz. s and the public. The NEP'~ focus on pub~ patticlpatiun can be extreme/y effective if properly rruznaged and appropriately ~ in budgethg and program development. In the Sazasota Bay watershed, the N£P expericnc~ ha~ provided a ta~ible., positive, local reference lbr thc: public to relate to thc functions and contn'buti~n.~ of the EPA and other participatin~ agencies. PHorlty Problems * A principle pollutant affecti~ hay water quality k rxjUogen. Current nitrogen loadings to Sa'a.~ta Bay an: approxLmatcly 300 percent of ~at existed i~or to development oft.~e region. Nitrogen loadings are projected to increase another g percent during the next 20 years and ] 6 percent when the area is fuDy developed according to existin~ plans. * Ileal:by wetlands, including bo~ f:res~et and intertidal habita~ are imporlant to the vitatity Bay becau~ they provide food and s~ltet for bay Iil'e. Since 1950. the area ol'intenidal wedand.~ in thc bay waters~d has declined 39 percent and R'eshwzter wetlands have declined ] 6 percent since 1975. Non- forested, fre~wnter wetlands have declined 35 percent. * The health of Sarasota Bay's ~ is dc'pendent upon the quality o£bay waters, wetlands and seagrnsses. As with water quality and wetlands, a::agrass acreage has gcncrnJly declL,~ed in Ibc bay and is clam~ing the hah/tat va~ue ofmany retaining ..... meado - - nkrogcn pollution 30 percent bayw/de, except in localized ,,~- [.,a~_~?a.~ ...w? ~.esgra~. have dec[ned appmx/mat¢Iv ,- ,,,~-na where water quality tins Improved in recent years. * lncrcn.~,d recreational usc of Sarasota Bay has resulted in areas of'conflict bctwccn uscr groups (anglcr~ v~. skiers; boaters v~..~vimrncrs), Management and enhancement of recreational uses in the bay do not receive thc ~rne emphasis as similar uses on thc Gulf'heaches. Significant opporttmities exist to enJancc tl~: recreational experience prov/ded by Satasota Bay to promote stewardsh/p of the bay, contribute even more to the locul economy and protect bay resources. Current Status Currently the Sa. rasota Bay CCMP is in draR form and is out for public commem. The final CCMP expected to be approved by June. 1~95. It is expected tim a forttm ofpaniclpating government agencies will r~rnain in place to guide the tmpleme~tlon ofthe plan. Stakeholde~ Analysis The citizens who take part in the bay's recovery and enbazr, ement are a diverse group. Conservation organb~tlons, civic g~'oups, reptcsentarives oflrdable~ industry and commerce, educators, a,'~lcrs, boaters, and bird watchers all have a .'~'take in the bay and can find a role in thc restoration stratcg:y,. Ultimately. thc restoration strates,Y for Sara.~ta Bay is onJy as effective as the community's wail to implement thc actions. laterageacy Coordiaafion 3LL. 03 ,c~, 14:53 Thc (~'a.Mta N~tlonal l-.'stuar~ Program's Policy and Mamgcmcnt Committees provide a coflstructiv¢ forum for intirgovernmental commtmlcation and policy coordinttion. In addition, the Program fosters coordination among federal, state a.,xI local governmcr~ agencies in funding and implementing ,,:Iion projects. Program steffconsults frequently with ill k'~ls ofgovcmam3t involved in bay issues to ma]n~ momentum in clcin-up pro. k'ct,, strcandinin8 bta'caecrncy mid co--in8 public opinion. 1 6 G 1 Monitoring Through the Satasota Bay Pn:)gtam, ~e curmnunity has developed a baywide monitoring program to assess kmg-tcrm trends in ~ bay's condition. The technical assessment oomiuctcd by scientists from 1989-93 pmvkics a basclinc I'or comparison as the community takcs action to restore the bay. [! is imperative for future bay management thai k)cal governmLm~ coniinue the monitoring program, which combincs traditional water quality monitoring sad uscsanz, z~ of living ~soutccs such as seagra~,,es, wetland~ and f~herics. Management Tools The Sarasota Bay National Estuary Program has exarnin~ n variety ol'managemem tools to improve bay management. In order tn increase open space and reduce stormwater runofl~ cluster developnz, ni ha.~ I~-en recommended which also creates · more mstalnable communky by reducing infrastructure costs. L"nhanclng wildlife corridors and cmouragi~ clout k~ neid~rboocb. The .qara~ota Bay National F..mm-y Program was faced with a wastewater L,'ealment problem and a r~ed to provide ,'tn alternative watct source. To solve these two problcms, the Sm~/:lay National Estuary Program recommends that ttea~ed wastewatet be reclaimed ami used as in alternalive water source, 3UL 03 'gT 14:5"3 c:d41S9745~2 PaC~.lT Agenda J L: PATHWAY ADVISORY COMMITTEE of t~t Naple~ (Collier County) Metropolit~n Planning Organization July 18, 1997 8:30 Lm. Comer Coun~ Development Services Center Conference Room E 2800 North Horseshoe Drive Naples, FL 34104 Any persons wtsklnIte tpealt on ~ny tclted~tletl qentle Item ttttt~ regttter prior to tpeaklng, Any person detlrlng to k·~e tat Item plaetd on ~e ~genda ,1~Ii make a re~tte~t In wrlttng with ~ de~criptton trod sttnma~Z~tlan of t~e item m t~e MPO Blcycle/Pede~trhm Coordinator at lem~ 14 day~ prl~r to ~t d~e of t~t ntxt tc~ahdaff m~qng of ~e P/IC; ~lay l~rton who tlecit~ t~ ~ · tle~l~n of tItb t~rtl wlffl nee~ · reconff of tlte proceedlng~ pertaining t~er~, ~uff t~erefore n~y neaff to entttr~ t~at ~ ~ of t~e proceedtng~ i~ ADDENDA TO THB AGENDA MINUTES OLD BUSINESS None 4. NEW BUSINESS A. PHoHtization of 1997 Transportation Enhanc~ent Project Applications. B. Pdodtization of Pathway Projects included in the UmtMaded PHofities for Surface Transpor,.stion Program (STP) Funding. MISCELLANEOUS CORRESPONDANCE DISCUSSION OF ADDENDA Constantlne~ ~ na¢'Kle Berr$ Misc. Corre~ Oate: Item, Copies To: EXECUTIVE SUMMARY PdorftJzatfon of 1997 ISTEA Transportation Enhancement Project Applications Objective: For the PAC to review md priorit~e ISTEA Trans~on Enhancement Considerations: The Naples (~ollier County) Mc~olhn Planning OrganLntJon has received six and pr~ two Trans~ Enhancement applicstJons for bicycle and pedeKrbn facilities. Th~ projecU will be ~g for pressing in the FJorida Depertmem of Trm~on's tis:al year2002/2003. These applications m'o described briefly below and are attached for your rrview. · Goodlefle Gr~enwny. Phase Three · ImmokaJee Sidewalks - This p'oJect proposes the construc~on ofsevetnl sidowa~ks in the [mmokaJee ar~t South 5'* Street SMewalks . This project proposes drainage improvements and the construction ora sidewalk along South $* Street in [rnmok~lee Rural Safety Refuges - This project prulMses the consum:tJon of school Barb~ra Bonlevsrd md Oaks Boulevard. Golden Gate Community Roadway Beautification - This project proposes the construction of hndscape median md sidewaik/bike paths along County Road 951 from north 1-75 Exit 15 to Golden Gftt~ Parkway. lmmokale~ Downtown Streetscape hutfflcatkm - This project proposes the construction of pedestrhn bulb outs and add~onal sidewalk areas w~ seating, bike racks, trash receptacles md rabed decora~ve plantm~ Park Shore Drive BrJd~e BlcycJe/Pedestrlau Enhancement- This project proposes to widen the Br~d~e to sllow for bicycle lanes and the addition of sidewalks on eithor side ofthe muc~-e. · Fleischman Boulevard - This project proposes the construction ofbike lanes and a sidewalk from US 41 to Goodlette-Frank Boulevard. StaffRecommendatJons: For the PAC to malco a recommendation to the MPO for bicTcle and pedestrian r~lated projects. Prepared by. Date....~l~.~ Reviewed Meeting Notes [Motion: Made by: Second by: Vote: PAC Agenda] Ju~ l~, i~7I Item 4.A.J ISTEA Transportation Enhancement Application Goodlette Road Greenwa - Phase IH Southwest Florida Land Preservati~ Trust, Inc. June 1997 PHASE THREE Tile Goodlette Road Greenway Proposed Grc~way with dual paths for bicycllsta and pedestrians, treescaping and water mahagement Impr~. APPUCAT]ON FOR TRANSPORTAT]ON ENHANCEMENT PROJECTS Pr~tTltle: Goodlette Rd. Creenway . Phase Three Project Sponsor (mun~p~, count/, s~e, fede~,d agency, or ~o~ counc~: Collier C n Con. ct Chef Comj~ton T~ Phon. (941) 597-1001 FAX P~rt~y (rela~ve to oth~ ap~rm submi~.d by the Proj~ct Sponsor). Name of Apl:~icant (if other than Project Sponsor):. (941) 592-0944 Southw 1 n rvati n Trust nc 1. Qualifying Enhanc~m~tt Ac~ Check the enhancement aclNIty whlcfl I~e ~opo~ed Project ~l addra~. ~0~: C~ a~ ~ ~s~ ~ ~ ensu~ or Incr~se el~ibil~. ~52~30~ ~h ~ ch~ must m~., ~ ~ f~ ~ ~ ~ ~ A ~ F~T PWum 2. P ro]~,~ De.tilelon: Us~ adcrdional sheet~ ~s neces~ W r~pond to I~e folowin~: Delaibe how ~e ~3peled project k ral~ld to ~e btermod~ ~mportl~on lyttam by ~ func~on, pmx~n~y or (One of m~. mly (c) Wherl ~ me p~a~lCt kX:lled (Ind whit Ire ~e ~ f lpprOpdl~l)? Indude k>Cl~on map. (d) Summmiz. any =pec~ chm, acteft~3 ef ~.oject (.) (0 Dllctibe any ~ ~ of w'ly Icquilalon, includng expected matct~ng fund source, tractions on fund ~ or avMabily, Ind w~o wi r. quire mid retain ~wnemhtp of ~'Ol:X~ed f~ght of way. (g) De~:nbe any r~t~KI I~Oj~c~ wo~ ph~e~ ~t ate already coml:~, of cunenly underway. (h) O~M $peci~c p.~ect Infe~na~en tha~ ehoukl be conaldered. 3. Pm~ect ImplementmZon Infmmation: Allach doc~rnentalk3n aa ex~ ~ thla form. (.) (b) (c) (d) (e) De,atbeanyl~bl~(,mdpdvat,. ifa~a~le)am~x~t~helXO~l~t (Exam~Se. indu<W wr~en ef~doraement, formal dec--n, rNok..llon, f~nanciM dona~orm o~ other approprtata mean=). Deec~lbe ~e pro~ ~vnef~hip and maintenance maponat3~4~e for lhe project when I ia comp~e~d. 4. Project Cost:. What i~ the total esltmat~d cost of ~e work requ~ to be funded ~ en enhancement project I~mugh this a~n? Planning Project OevMopment and Environmental Stuci~. Engineering Ind Flnal Plans Prepara~on Wo~ Right of Way AcquisWon. ConstruclJon. ConslTuc~n EnginNdng Ind Inspic~n AdvllleL o~,. TOTAL: $ $ --0-- $ 210~000 o $ 16G How wil the project be funded? Federal $ ~ · FDOT $ -Totals Fedef~ % + FDOT %= 1.~ CERTIFICATION OF PROJECT SPONSOR I hereby ce~ldy Ihat Ihe I:xop(~ed enhanc~ne~t IXOje(:t he, Mn de~bed b Iupl3oM(:i by C~ (munidpel, county, ~ate, federal agency, or ~ counc,] name) end I~at said entity MI (1) provide the r~tred tundng match; {2) entM into · mM~mnce agreement with l~e Florida Department of Traniport~on; (3) comlMY with Ille Federal Unll'orm RelocafK)n Allii~nce Ind Acquil~3n Peicte~ Act for any Right of Way acliorm required for l~e projectl; and (4) ~q)fx)rt other acllorm necelll~ to fuly implement I~1l IXOpO~d project. I furt~ler cefldy ~at the e~mated costl included herein ate rla~onllMe Ind undefltlnd I~llt lignil~lnt incrll~l In the~e cost~ could cause the project to be removed frnm ~e Florida Depadment M' Tranlpo~allon work Ixogram. Name (l=te,ae type APPENDIX B Project Da$crtpttom (b) De,tribe how the proposed ia'oJect h related The Ooodlette Oreenway project has a ' ' intermodal transportation .... t_ __.fi~,. ttonal, relauomhip to the · r,tcm ,m/provioi ami · ' means of transportation Eom a,,,~-~.:,-- .l_r~. , ,nco?rag.rog an alternate d . ,,~L,-,&~l~.J~..~c~ LO Ol Cie ~gl ' · ecrease auramobile trim to Mo,,t-- U:-L o_,~ C7 . -- pecl~ It Mall, Flemhraann ~a~k-"~m~ ;::~'~ ':~-ocnoot, me Coardancl Center Lmce ram l:lementary School. (c) V~tere ia the project located (and what are the termini, If appropriate)? 1995, ISTEA ~;,,.~4..3_..___.:'~ pG-L oi .w.a~...rnase t.~ne was a~rarded in ..... ,~mtcu for year zu~o, to er~l;,h three one tenth · ,~,, ,~..dL~ rat']twli~ ~ e~oLarla F~Oa~, a tOtal distance of ~ai~rx~kma~t~lY___or~ anq,.a.~ mil~ now currently linked a ical between the Golden Oate Parkway site and the 26th Avenue North site of com~l,eted }gre~..?,.ay' .Phase..Tl:xree will continue the en not~ The ~exa? ,e .t~m of. this pha~e of the project will be dete~gre;e-.n~waYt- greenway will, ,n~t..be. erg. losecL Thia will allow open water areas for retention, eazalaLished wildlife habitat and .~--.~- :- -, , watfr. gTeet~way Iy~tera. ,.,..,~uL a~. u Lower total COat Or rdle See attached map. (d) Summarize any qaecial clzarac~ of the project. · ~u~uomu Ltrlear reel. I he pr~ect includes Intermittent containment of an eatisting water retention ditch into a dual pipe;, a ten foot wide paved b~t-,.~-., and a six t ..... , , Naples eommumt% let _ . add to the. for private ' to ed m:tiom .of.the _~en. ~. ~11 act a~ catalvu fundini mr.e rmauang ec-om a ong the road '. (e) Deecr~e tha_.pt~-q~.ec,t', e=tse1,~, right ~ way ownerahll~ Thb .deacription shall ld~ntffT when the r~nt ot Way waa ~:qutre~ nmi how ownerahlp is docmne, mte~ Collier Cotmty from the north line of section 34 to the north line of section 15. The n~n to be used for this pro~ect is within Sections 27 and 22. (0 Describe any r~ght of way acquisition. Not applicable (no right of why acquisition necessary). (g) Describe any related project work phases that are a/ready complete or currently tmder~y,. .~_ ~'"'~ ~ *~ .~.-f~tmnd Center Mall k ...... ,_ ~ the, pos~ office is ~= ~reen_wny w/th pnth nlc~ the ~,~.~,~..,_~.~nu~- c .ompteteo a section of ,and ~as =.ompleted u, ~'~taw~Y~ha.se ~th.e,~.prope. rty, mnmtam~by the mall ~etween the G t. vt metr major expansion · · · . ordon River Green n pro~ect. A link being designed. ~ nd Goodlecte Road Green~ay is (h} Other specific project information that should be comidered. The. ~ project would de and im · , en_v,~ror~_ent by providir~ a ~'rae r~der,. ~',....tp_.ro~_e_ ~ n?ghborhood, mooes. Both the City of-Na~les G~,~,'~.~-~'_m_°_t°me°- transpo .r.r~tion ........ ~-agement ¥1an and the Collier ~ ..t~'rtnte modes of trnrt~,~,t;~ ~r~utre consi.deratjon and planning for Greenwnv. The Goo~ette (3 ...... ,the Goodlette Road ceieoratlon of 150 greenwnys. ,~ v, rtonoa s sesquicentennial 3. Project Implementation Informaflom (a) Describe the propo~ method of phue of the project, l~Oming and adm~terlng each work Not applicable (b) Describe an~ public support of the project. See attached letters of endorsement. (c) Describe the PrOlmSed ownersMp nm[ maintenance for the project when it is completed. Collier ~ will maintain the pr~ect after c · . . attached letter of commitm-,, c...:_ ,-, . ,o~p., Ietzon. See Southwest Flori~ ~ Preservnt/on Trust, Inc. ditch to be p/ace~ in t~deq~ culvert ~xt to ~affi~ J~ Proposed Greernvay w~th blmway Sq:N~ted by treescaplng Florida House of Representatives · 3301 East Tsmiamt Trail, Adm. Bid~ Su~304 Na~les, FL 34112 (941) 263-0922 Fax: (941) 434-~019 C] 1202 The Ca~l T~llahasse~ FL 32399-1300 (994) 488-4487 Fax: (904} 922-1277 Burr L. Snunders June 2, 1997 Committees Health Car~ Standards & Ns. Chef Compton, Executive Director Southwest Florida Land Preservation Trust Inc. P.O. Box 2721 ' Naples, Florida 33939 Re: ~oodlette Road Greenway ISTEAApplication Dear Ms. Compton: I am writing to urge your strong support of the ISTEA application for the Goodlette Road Greenway. This is an important link with the C~rdon River Greenway and is a heavily used corridor between several schools in the area. The Greenway would provide recreational value as well a· become an alternative means of transportation. I am confident that thi· project will have a positive impact on our community and I strongly endor·e thi· effort. Burr L. Saunders State Representative, Distr~ct 76 BLS:dJb TAMIA~ TRAIl,, EAST (813) 77~5375 FAX DATE: TO: FROH: June 28, 1995 Whom It May Concern G. F. Archibald, p.g. Transportation Services Administrator Operational and Maintenance Responsibility For Pathway Improvements Within the Goodlette/ Frank Road Corridor Xn regard to tnquiri~e subject a~:bove and for the purposes of documenting responsibilities, following information is provided aa to existing conditions and future conditions of Goodlette/Frank Road between U.S.41 and Immokalee Road: ~: Goodlette/Prank Road between U.S.41 on the south and Immokalea Road (C.R.846) on the north ti a dedicat~d County r6adway which has been improved by the County and alAo operated and maintained by the county. From u.~.41 to Golden Gate Parkway, the roadway Is a typical 6-lane urban section with sidewalks on both sides. From Golden Gate Parkway north to-Pine Ridge Road, the roadway iea 4-lane suburban section with a sidewalk and open ditch section on the west side. From Pine Ridge Road to Immokaloe Road, the roadway iea two-lane rural section with open swales on both sides and a pathway on the east side for a distance of approximately one-mile north of Pine Ridge Road. Additional roadway Improvements include a landscape island at the intersection of Pine Ridge Road and Goodlette/Prank Road. ~: Goodlette/Frank Road continues to be in various stages of dovelopment and expansion to provide roadway capacity as the area grows. In the County's Ten-?ear Road Program, improvements include adding two lanes between Golden Gate Parkway and Pine Ridge Road and adding two lanes between Pine Ridge Road and Inokalee Road. Unfortunately, there are little or no plans nor 'funding to expand the existing narrow sidewalks and pathways. 16G To Whon It May Concorn June 28, 1995 Page 2 ~:..The .~xisting and future ~an~ecapin. a~- --- ....... ~uu? ~xaewaA~s, athwa w ~- aAA o~era~xonaA an _ _ P . ys and a maintenance rosponeibilitiee of the County with the exception of limited signal and landscape improvements within segments of the roadway south of colden Cate Parkway which are operated/maintained by the City of Naples. Accordingly the County has and continues to be responsible for roadway elements to include the 'travel lanes, the roadway drainage system, all traffic contr pathways in addition to .,+.A .__ol_~evicee and all sidewalks/ li ...... ~deuape improvements. In regard =o any specific athwa im~rovemente to Goo~,-*~ ..... -P.! - ~ and associated gte maxntainin a .... ~-~=anx Rosa and in remr a~4.~en~y g gency of tho =oadwa C _ es ...... ~ =ne the County,s operatin- ~o-~ .... Y ( ol}ier county), it has been ~ ~ ~vM ~ suppo~c such im ro accept reeponeibi v ~ ........ P vements and to lit~ .~. wu~n improvements as they are completed. In considering the County,s policy and the above information, should any additional information be neceszary, please do not hesitate in contacting me at 941-774-8494 for any additional information. GFA/im/2722 IS'rEA Transportation Enhancement Application Prepared by: The Naples (Collier County) Metropolitan Planning Organimtion June 1997 ProJe~-t Title: APPLICATION FOR TRANSPORTATION ENHANCEMENT PROJECTS "Imokalee Sidevalks" Sponsor (municipal, county, state, federal agency, or Irtbal council:. Collier County 2800 North Horseshoe Drive, Naples, Florida 34104 Phone (941)403-2400 P~torJty (rM~ to other spplicaltons submfl~d by fie Project Sponso0. Name of Ap~nt (If o~er than Project Sponsor):. FAX (941)643-6968 1. quallfldng Enhancement ~ Check the enhancement IclNity which the I~Opoled projsct wi Icldr~s~ (NOTE: Checking ell ~ctlvttles possible does not ensure ot Increase eligibility. Each acttvtty checked must ml~t III crltlrle Ilslld for that ac~vlty In Appen.flx A of FDOT Procedure ~25-Q30.300). [] ProviSos of fac~ fo~ pocl~saian~ lsd bicycler [] ACCl~on of ~cenic ea~eme~l~ lsd scenic or h~to~c sitet [] Sce~c or h~o~c h~Y~.y pmgTam~ []Re~abltallon and opemlon of h~c tran~po~allon buiclng~, structural or ~ (Inducing hkto~ raimad facil~l and canal~ [] M~don ofv~er polu~n due to hJghw~/runoff. 168 (s) What type of worn ia being Pmlx~ea'? (check d ~ ~ppe/) [] P~anning Ac~llet [] Project Oevulopment and En~onmentsl 8tudms. [] Engine~ng md Final I~an~ Prepers~n Wodc [] Right of Way Acquia~on. [] Constmdon Eng~eedng and Inspecllon ~ (b) DeKdbe hawse ~ IXoject ia relstml to the Jntmmodal tmnspona~on system by ett~m functon, ixox~mity or ImpacC (One o~ mme may apply). See A~tachment (c) Where ia the project facatml (and what ~e the tem~. if ap~xopdate)? Include Iocg~on map. S aa At tectnne=C (d) Summartz. m~/~oeci~charK~ceofproject, See Al:Cechmenc (e) Describe the projects edsllng right of way ovmeesNpt This descflp~on s~al ident~y w~.en I~e ~ght of way was ~cqu~ed ~nd how owner~Ip ia documented (Lt pla~ deed~ IX~m~l~ons, cml~fled sun~/s). See Accacl~nent (0 O#cflbe any ixopcoed ~ght of why accMl~lon, inducing expec~J matching fund source, limita~ons on fund use or watsbJty, 8nd who wi KClU~e and retain owner~ip of p~opo~ed ~ght of way. See ACtactu=e~t (g) Describe any related Ixoject wo~, ph#es that sre ~eady coml~ete or currency undenvay. (h) Ot~erspec~flClXOjectinfon~mmnthatshouldbeconeldmed. See Attachment 3. Project Implementation Informat$on: Attsch document~on m ~ ~o ~ fo~n. (.) the pmpaued me, hod of pmfo~ning (Lt contract or in-houee) and adminia~dng (i.e. local or state) each won ptmee of II~e I~ject. If it ia ProPcoed I~lt the IXOject be ~ by i governmental entry other ~an ~e Depa~ment of T~, document that II~ entry h~a the ~ manage~al, er~onmental and engineenng cel~Mleee lo manage the w~k ph#e of the Ixoject conabtont w~th federal requ~emems. (b) Deeatbe any put~c (and pn~am, if sppicet~) suppod of the pmpaeed IXoje¢~ (;x~p~e~ include, w~en andomeman~ fannal dedarat~n, reeol~on, I~nancial dondons or o~m spprop~ate means). Sea ActaclunanC (c) (d) Deealbe the pmpo~d owne~h~p and maintenance respormlxT~m far I~e project when it ia complete<L See ACCacbne Deecnbe ~oume of matching funds and any reet~c~aem on mmlablty. N/A (e) O~m ipeciac imglemanta~n infmmdon that should be consklemd. 168 What ~ the totM #limated cost of'~e w~t r~lU#ted to be funded as an enhancement project through ff~ls aPl:icalion? Howwl ~e project be fund~l? F~d~al $ 310 000 * FDOT $ -0- =Totals 310,000 FederM 100 % + FOOT --0- %= _iR0.. % CERTIFICATION OF PROJECT SPONSOR I hereby cert~f ~at I/~e proposed eahancsment project hemln described b ~ ~ Collier County (municipal, county, state, federal agency, or ~ ¢ound name) and that said enlity wil (1) provide I~le required fun~ng match;, fi} ~ into · malntenan~ agreement with Iris Flogda Department ~ Transportation; (3) comity wifft ~ FederM Uniform RMocallon As~,~ance arid Acqut~lon Pof~:ies Act for any Right of Wa,/' actions ~equirKI for ~le Project~; and (4) SUl~:mrt o~ler scans n~.e~ao/to fu~ inll:gement the I~OrX3Sed project I fuller cerl~ ~at Ihs e~l~mated cos~ Included he~ein am rea~3nable and undemtand Ihat sigrfi~ant Irlcreas~ in lhese costs could cause ~e Ixoject to be removed Eom Ihs Florida Oepar~nent of Tr~lsponalJon w~rk program. type 16G ISTEA Enhancement Project Application Attachment Project l~ame: Immolr~lee Sidewalks Pro}ect Sponsor: Collier Count7 2. Project Description (b) Describe how the proposed project is Fehted to the intennodsl transporUtion system by either function, proximity or fmptct. The project has a functional relationsMp to the intermodal tran.q~on ~ymern in that it h a component of the syr~em. The propo~.~l sidewalks will provide a ~f'e trion route for the many residents in lmmokalee whose primary form of transportation is walking. The proposed sidewalks will also help to encourage more people to w~lk: This will impact the Immokalce intermodal transportation system by decreasing the number of daily single occupant automobile trips. (c) Where is the project located? The sidewalk project locations are as follows: P~oiect South 2~ Street North 24 Street South 3~ Street North 3'~ Street South 4* Street North 4* Street North 5" Street South 6* Street North 6* Street South 7' SUcct Nor, h 7~ Str~ Proiev3 Limit~ West Eustis Ave. to SR 29 SR 29 to Roberts Ave. West Eustis Ave. to SR 29 SR 29 to Roberts Ave. Colorado Ave. to SR 29 SR 29 to Roberts Ave. SR 29 to Roberts Ave. Boston Ave. to SR 29 SR 29 to Roberts Ave. Colorado Ave. to SR 29 SR 29 to Roberts Ave. The location and termini of each project are shown on the attached map. (d) Summarize any spechl characteristics of the project, Sidewalks in lmmokalee will not only provide a safer place for pedestrians to walk, they will also enhance the community's image. A better community image will help to bring in more businesses and residents. The proposed sidewalks will also increase adjacent property values. (a) N/A (e) Describe the project's existing right of way ownershfp. This description shah fdentify when the right of way was acquired and how ownership is documented. Collier County's Real Property Management Division has documented the existing right-of-way ownership within the project boundaries documentation exists identi~ing · Segment 'gaps" have been identified where no exactly whether or not there was ever a conveyance of any real property interest to Collier County. Collier County will acclaim title to these segments of existing right-of-way through the appropriate procedures in accordance with Florida Statute 95.361, which allows a governing body who has constructed and maintained a roadway for at least four years to take title to the right-of-way. (0 Describe any proposed right of way acquisition, including expected matching fund source., limitations on fnnd nsc or availability, and who will acquire and retain ownership of proposed right of way. As described above, Collier County will take title to identiHed segment "gaps" through means provided in F.$. 95.361. Describe any related project work phases that are already complete or currently underway. The proposed sidewalks are included in the Collier County Comprehensive Pathway Plan, adopted by the Naples (Collier County) Metropolitan Planning Organization (MPO), December I6, 1994. (h) Other specific project information that should be considered. The proposed corridors are within the roadway fight of way. There m-e no serious obstacles within the proposed sidewalk corridors. These sidewalks will link many community destinations, serving the reported 60% of the residents who wa/k and bicycle. ProJect Implementation Information: Describe the proposed method of performing and administering each work phase of the project. If It is proposed the project be administered by a governmental entity other than the FDOT, document that this entity has the F,cal, managerial, environmental and engineering capabilities to manage the work phase of the project consistent with federal requframents (b) Describe any public and prh, ate support of the proposed project. 16G During the development of the Collier County Comprehensive Pathway Plan, staff'held several public workshops in order to provide residents the opponnnity to participate in the pathway planning process. The residents oflmmokalee assisted staff in identifying Immokalee areas with the greatest need for sick-walks and planning for a complete, interconnected pathway system. The proposed sidewalks ar~ included in the Pathway Plan. The MPO supported the residents planning efforts by adopting the Pathway Plan, December 16, 1994. (c) Describe the proposed ownership and maintenance responsibilities for the project when it is completed. The proposed sidewalks will be owned and maintained by Collier County. (d) Describe the source of matching funds and any restrictions on availability. N/A (e) Other specific implementation information that should be considered. N/a, ISTEA Transportation Enhancement Application Prepared by: The Naples (Collier County) Metropolitan Planning Organization June 1997 Project Title: APPLICATION FOR TRANSPORTATION ENHANCEMENT PROJECTS "South 5th Street Sldr,~alks" 16G Project Sponsor (mu~dp~. county, state, federal agency, ot ~tbd counci): Collier County___ Addr~e 2800 North Horseshoe Drive, Naples, Florida 34104 Phone (941)403=2400 P~nty (relatNe to other app~ca$~on~ ~Jbmitted by the Project Sponsor). Name of App~cent (If o~er than Project Spot.or): (941)643-6968 1. Qualifying Enhancement Actfvi~e~ Check the enhancement acll~ty which the I~'oposed I~'ojsct w~l addrell. {NOTE: Checking all a~ttvifles possible does not ensure or Increase ellglblllty. Each activity checked must mee~ all crltega Ilsted for that ecflvIty in Appendix ,A of FDOT Procedure [] Prov~ion of fac~llel fo~ pmdesMarm end blcydes. [] Acqub~n of scenic eesementn and scenic or htsto~ lites. [] Scenic or hittm~c highway program~. [] Lend~caping end othe~ scenic beau~:~ion. [] R:h,_b~., ~ op~,~, of hmod=,,en.po~o, mm,.o,, ,~t# or mc~# pnca~mg historic ralroad f~ and canals). [] Presentation of ablndom<l ra~vly co.dom Ondu~ng the converaton snd use thereof f~ pedes~n ot ~ tm~). [] ¢on~ ..d r.mova of m=k~x .dvea.~ [] I~;.~on ofw.~ polu~n due to h~vsy runoff. 2. Pr~ect Description: Use ~dcilJonal sheets at nece~/to respond to ~e falowtng: (~) VVhat type of work kl being I~OPoted? (check d that -pP~Y) Cb) Describe how t~e ~oposecl project is redated to ~e Jfltes, modd trarmporta~on ey~em by either function, ixoxim~ ar impoct. (Onemmomm~y~:~/). See Al:tactuneat (c) Whm. eJs~epmjec~(m~wh~t~re~etermini, if~ppropdate)? IndudeJocgdonmap. See Attachment (a') Summarize.ny special c~ar=:torm~ of project. See ACcachnenc (e) Describe l~e ixoject's ed~ng right of way ow~ershlpo. This desc3fl3~n shal identify whe~ l~e right of way was acquired ind how ownee~hip il documented (I.e. pl~ deeds, ixeec~ns, ceded ~uweys). See At: tactu~enC (~ De~cflt)e any propc~l fight ofw~y aCClUt~ion. Inducing ~xpecMd matct~g fund source, imit~ions on ~und use or ~vdablty. 8nd who wi OCCluire and retain ownemhJp of i~oposed ~ght of way. S aa AC I:actunenC (g) Descdbe any rebted Ixoject work phases t~at are dreody coml~ete or cu,enW underway. (h) Ob%erepeciflcpeojectJnforma'dont~tshouldbeconside~ed. See Al:l:achment: 3. Project ImplementaUon Information: Attach documenta~on a~ exhit3it~ to ~ form. (.) Deecdbe I~e proposed miKtmd of pe~forming (Le. contract or In-house) and adminJste~g (i.e. local or state) each wo~ ptmso of~e Ixoj~cL If It i~ proposed ~8t~e projocZ be Mminktemd by ·govemmental entity other thafl ~e Department of TmmpcxtalJon, document ~t ~ entity hn lhe fbcd, managef~, environmental end enginee~g c~pel:xTd~ to mmmge Ihe wod( phlse of the pcoject comisteflt v~ fedmd requb'emeflts, t~/A (b) Deectlbe any pubic (a~d Ixtyate, If epplcatXe) mflH~oft of ~e IxOPneed i~oject (Examplee k,~lude: written ~donmm~n~ fmmd declar~on, m~dlon, flnnnc~i don~on~ or ot~ Ipprop~ate me~ns). See Attactuaent (c) (d) DflcHbe the I~'Oposed oYm~hip and maintenance r~pon~ibitl~ for the project when K is compl~acL See Attachment Deecflbe uoume of m~tching funcls md ~ny msbtclJone on r~diblty. (e) C)~m speci~ impimnefd~n Inform~on ~t ~ be c~n~tdem~ N/A What is the total es~mated cost of the work requeat~d to be funded ~ mn enhancement project ~hrough ~ appacalJon? Planning Projec~ De~opman~ arKI Enchanting and ~ ~ ~ Wo~ R~h~ of W~ ~n. Con~on. Co~on En~g ~. (D~) TOT~ 26,000 $ 160,000 s ~ s2~ Hov~ wil the project be funded? FederM $ 212,0OO + FOOTS -O- -Totals FederM 100 % + FOOT -0- % · 212,000 100 % CERTIFICATION OF PROJECT SPONSOR I hereby ce~ify that the proposed anhencemant project herein described b aupported by Colliez* Couuc7 (municipal. county, sta~. federal agency, or Vibal counc'] name) end that said ent~/~ (1) provide the required fun(~ng m~ch: (2) enter ~ I m~itenence ~greemant with the Florida Depar~mant of Transporta'don; (3) comply w~ the FederaJ Uniform Rdoca'4on AlM~ance and Acquim~on Pokie~ Act for any Right of Way ac'dons required for the projects; and (4) sup~ other a~ons neces~my to fuly implement the proposed project. I fur~er cer~y that the es~mated cca~ included herein ere re~onsble and underatand that eigni~nt Inc~e~mm in these cosl~ could cause the project to be removed from t~e Florida Department of Trm~portatlon work program. ~/4gnatura Nlme (ple~e type or print) 16G 1 ISTEA Enhancement Project Application Attachment Project Name: South 6th Stzeet SidewaY: - Immokalee o'e__.EiE . onsor: Collier 2. Project Description Describe how the proposed project l~ related to the Jntermodal transportation system by either function, proximity or impact. The project has a functional relationship to the intermodal transportation system in that it is a component of the system. The proposed sidewalk will provide a safe transportation mute for the many residents in Immokalee whose primary form of transportation ia walking. The proposed sidewalk will also help to encourage more people to walk. This will impact the Immokaiee intermodal transportation system by decreasing the number of daily single occupant automobile trips. (c) Where is the project located? The sidewalk project is located along South 5th Street in Immokalee from Arden Avenue to Colorado Avenue. The location and termini are shown on the attached map. (d) Summarize any special characteristics of the project. The proposed project would include 5' concrete sidewalks on both sides of South 5th Street. The sidewalks will provide a safer place for pedestrians to walk, and enhance the community's image. A better community image will help attract more businesses and residents. The proposed project will also increase adjacent property values. (e) Describe the project's existing right of way ownership. Collier County's Real Property Management Division b. aa documented the existing right-of-way ownersMp within the project boundaries. Segmem "gaps" have been identified where no documentation exists identifying exactly whether or not there was ever a conveyance of any real property interest to Collier County. Collier County will acquire rifle to these segments of existing right-of-way through the appropriat~ proced~ in accordance with Florida Statut~ 95.361, which allows a governing body who has constructed and maintained a roadway for at least four years to take rifle to the fight-of-way. 16G (0 Describe any proposed right of wry acquisition, including expected matching fund source, limitations on fund use or availability, and who will acquire and retain ownership of proposed right of way. As described above, Collier County will take title to portions of any segment "gaps" along South 5th Street through means provided in F.S. 95.361. Describe any related project work phases that are already complete or currently underway. The proposed sidewalks a~c included in the Collier County Comprehensive Pathway Plan, adopted by the Naples (Collier Coumy) Metropolitan Planning Organization (MI'O), December 16, 1994. (h) Other specific project information that should be considered. The sidewalk project includes piping and enclosing an existing ditch. The ditch is present in approximately I/4 of the length of the project Enclosing the ditch and providing sidewalks will functionally and aesthetically entumce lmmokalee's South 5th Str~eC 3. Project Implementation Information: (a) Describe the proposed method of performing and administering each work phase of the project. If it h proposed the project be administered by a governmental entity other than the FDOT, document that this entity has the fiscal, managerial, environmental and engineering capabilities to manage the work phase of the project consistent with federal requirements N/A (b) Describe any public and private support of the proposed project. During the development of the Collier County Comprehensive Pathway Plan, staff'held several public workshops in order to provide r~idents the opportunity to pm'ticipate in the pathway plmming process. The r~sidents oflmmokalee assisted staff'in identififing Immokalee ar~s with the greatest need for sidewalks, and planning for a complete, interconnected pathway system. The proposed sidewalks ar~ included in the Pathway Pla~ The MPO supported the residents planning efforts by adopting the Pathway Plan, December 16, 1994. (c) Describe the proposed ownership and maintenance responsibilities for the project when it is completed. The proposed sidewalks will be owned and maintained by Collier County. (~ N/A N/A Describe the source of mtchJns funds find finy Festrictions on ~fflhbJlity. Other specific fmplementsflon fnformfition th fit should be considered, RURAL SAFE-Pr REFUGE ATTACHMENT B. APPLICATION FOR TRAN~RT~ON ~~ PROJECTS Projec~ Sponsor (municipal, county, sine, federal agency, or tribal counc,"}: Priority (relative Io other applications submit~d by the Project Sponsor). _______ Name of Applicant(If offer than Project Sponsor): ' '1'1 I. Qualifying Enhancement Activities: C]~ck ~ enlanccment acdvity which ~,e proposed project will addr~. ~OTE: Checidng all activities possible does not Provision of facilltie~ for pedestrians and bicycles. ~ Acquisition of sccuic easements and sceuic or historic sitcs. Scenic or historic M~hwzy pre.'ams. I.,t~lscap~ and other sccuic beautification. I-Hsmd¢ prcservado~ 0 0 0 0 P,e~bHilation and operalkm of lgstoric transportation buildings, smictures or ~ciligcs ('including lgstoric' railroad facilities and canals). Prg~-.'wationof abandoned railway corridors (iucluding the ~ou and use tt:e.,-eof for pedemtfizu or bicycle trails). 0 0 0 Control and removal ~f outdoor adverlising. Arc. haeolo~ml plannins and rcsmr~. Mitigation of water pollution due m hi{hway runoff. ProJect Description: ';e additional sheets as necessary aa respond aa she followin~. (a) What type of work Is being proposm~ {check all ~at apply) Cl Planning Activities. 168 (~) (0 la Project Develolnncnt and Environmen~l Studies. la Engineerln$ and Final Plans Preparation Work. a 'torw. ]~ Corwtructlon En$ineeri~ and Irtspection Activities. Describe how [fie prop~ project is related aa the intermodal transportation system by either function, proximity or impact (One or more may apply). V~ IS the project located (and what are the termini, if appropriaz)? Include location map. Sum:narizc any speehl charades of project. Describe the project's existin~ dSht of way owner.s. TMs description ~ Jdentif~ when the risht d ~,.v~y was acquired and how ownership IS documented (i.e. phts, deeds, prescription, certifl~ sunmys). (0 Describe any proposed dst of way acquisition, including expected matcking fi:nd source,'lLmitations on fund use or availability, and who will acquire and retain ownership of laroposed right of wary. Dc$c~be any related pro.~ work plmses that are already complete or currently underway. (h) Ottm' specific project lnfonmtlon n'mt should be considered. ProJect Implementation lnfornmtlon: Amch docmncntation as exla"oil$ aa ~i$ form. (~) (c) Describe the ~ melhod of performing (i.e. contract or in-hour) ~ ~.~n~ (i.e. local or · ,.,~t.~ tmc~ ~ ~nspormuon, aocument that this entip/has the fiscal, mamgcrial, eznttronmenml and ~ capabilities aa marm~ d;e work phase of ~he pwject consisznt with federal requimne~. Descn'be any pubHe (and la'iv'aZ, If applicable) suplx~ of,~. proposed project (Examples include: written endorseme~ formal dee. tuation, resolution, funnchl donations or other appropriate Descn'be ~he proposed ownership and maintemnee respona'b~ties for she project when it is completed. De$cn'be source of matchin~ funds and any restrictions on avat'hb~ty. Other specific tmplememalion inEormation that should be considered. (b) Describe bow the pr'olMsed project if rdtted to the fntermodal f3'anfpor~tfon r,~stem b7 e~tber runc~o~ pro~t7 or impact. (c) Where b fbe project located (and what tre the termini, ff tpproprhte)? The propo~! ~ projcct is ]oc~d £ong the $~nn Bzrb~ra Boulcvx~ Lorn on the colkc~' rind cud of i mil~ long d~f c~f 1o~1 n~uh where ~cbool children w~Ik °r, more o~ rid~ ti~r bik~ to the corner M ca~h thc bu~ (d) Summ~fz~ ~r~ ~pecf~l chlntcterf~fc~ of the project. The Rml ~fcv/R~fuge~ componc~ includ~ e culv~ covcrcd wi~ fill ~nd e lO'x 10' f°r cbfldr~ t° w~it for ~e bu~ wi~ milllni ~ in fl~e trzvcled hues of the minor (e) Demdl~ the pr~J~'~'s ~ fight ofwsy ownwsl~p. TMs descFfptfon slull identify when the rfr, ht of wry was tcqufred tnd bow ownersldp b documented. The pr°jec~ is entirely wftu ~e r~f rir~ of wxy euemcnU period to e~e public on th~ pha of GokJen C~e P. su~L (0 Desaibe thy r~bt of wry scquidtfon. No risl~ of w~y ~lui~tion will be nec~my. (g) ~ m~ r~ht~d project wor~ pl~u~ thlt ~r~ ~-e~dy complete or currently tmderw~y. 168 2. l~roJect lmplemeuttffon (a) Du~ the p~ m~ of p~o~n~ and ad~t~n~ each work p~ of~e (c) ~ ~e p~ ~p and ~n~ ~'~e p~]~ wh~ It h ~mple~ T~~). (~ D~ ~ ~ ~ Fun~ (e) Om~ ~ ~l~ffon ~o~eo~ 4. ProJect 1 6 G 1 Project Developmeta sad Environmen~ Studies. F.,n~in~ and Fmai Phns ~'repzration Work. Right of Way Acquigtion. Construction. GOer. S.. S... S_.= TOTAL: How will R~ project be funded? Federal ~ - + FDOT ~ + Sporaor Federal '~.3_.o.o.o.o.o.o~ + FDOT__..__.__% + Sponsor ._.=_.~. CERTI~CATION OF PROJECT SPONSOR I hereby certify that the proposed enhancement project her~ln described is supported by __..__=_ (municipal, county, me, fede~ as.ncy, or tribal council) and that said entity is willing to: (I) provic~ the r~qulred funding n~ ~; (2) enter into a maintenance agreetne~ with the Florida Department of Transportation; and/or (3) support other acgons necessai'y ~o fully implement the proposed project. I further certify that the estimated costs included herein are reasonable and understand that mgnificant increases in these costs could cause the project to be ~ from ~he Florida Department of T~tion work program. "fide EnL~eer ! Spec~l Projects 33o~ g. TAI~TRAIL ~ (813) 774-8260 FAX (813) 774-~t7S (813) T74-82~0 FAX (813) 7";4-S375 t ii I! I! R~?o5~_~ FF--~JF_.c...T C-~R~a~rr5 1 6 6 1 ' COLLIER TRANSPOR~A~ON D£P~ 1997 3301E. TALflAZ~ 'I'RAR. N'API.ES, FL 34112 (94 I) 774-8494 FAX (941) 774-5375 I~strict Tr~~ En~~ Coor~u:u- Flor/da Dep~,unent of Tmnspo~ PO Box 1249, MS 1-12 B~'u:m,, FL 33831-1249 SUB/ECT: Ru~ Safety Re~:s ISTEA Applicatiou D~tr Ms. ~n~ .. The Rural Safety R~f~gas proposal fu establish safe places for school clu'ldrcn to congregate wlu'{e awaiting b~ses has the endorsement of ~is depmtment along with the commitment for perpetual maintenance of all impmwzments. Should you ha~e any questions or requ~ srO. additional information, please feel free to contact me at (941) 774-g494. Siucerely, David F. Bobauick DFB/tm,q,~ SJ~in[ FDOTxk~ cc~..Ilscbncr, Public Works Administr.~ Mullcr, Transportation En~tccr I COMMUNITY TRAFFIC SAFETY TEAM Member. include Local City, County, and State Agen¢l.~, Private Industrl. and Cmzen, c/o Edward J. Kant, P.E., Chairman, l'ranspottalton 8~vfl=e~ I~partment Collier County Government Center, 3301 East Tamlaml Trail, Naple~, FL 34112 (~41) 774.4280 voice (941) 774-537S FAX $~e23,1~7 Russell D. Muller, ~ I ColHer County Transportation Services Department 3301 East Tamiami Trail Naples, FL 34112 Re: Rural Safety Refuges Dear M ~.f~~l~, At a'recent meeting of the Collier County Commun/ty Traffic Safety Team (CTST), your proposal to establish safe plac~ for school childrm ~o congregaIe while awaking busses or l~arental pickup was reviewed and unanimously endorsed. The ru~ safety r=fuge program i~ innovative and commtm;ty-minded, and will help provide pa~ents with a sense of t~'urity for their most pr~scious asset. You are to be commended for the creation ofthis concept. The CTST will work with you and other Counr~ S~to assi~ in seeins tha~ this prosram is implemented as quickly and as cost- effectively as possible. Thank you for helping to keep Collier County's roadways safe. Best wishes for continued co c ~f. Kant, P.E. SAFETY TEAM Bill McGr'a~ CTST Coordinator Jan~ Cook, FDOT CTST Coordinator, District One Our goal tu to reduce the number and ~nmrlty of trsflto crashe~. 3301 East TarnJarn/Trail, Adm. BMg., Sef~ 304 Naples. FL. 34112 (941) 263-0922 Fax: (941) 434-5OI9 Taflahssee. FL 32399-1300 (904} 48~44r/ Fax: (904) 922-1277 Florida House of Representatives Burr L. Saunders June 23, 1997 16G lq Mr. Russ Muller, Project Manager Collier County Transportation Department 3301 East Tamiami Trail Naples, FL 34112 RE: Rural Safety Refuges ISTEA Application Dear Mr. Muller:. I am writing to urge your strong support of the ISTEA application for the Rural Safety Refuges. This is an important safety enhancement for school children waiting for the bus. The Rural Safety Refuges will provide security for bicycles, shelter and safety for school children as well as relief from the litter problem. I am confident that this project will have a positive impact on our community and I slxongly endorse this effort. Bun L. Saunders State Representative, District 76 BLS/djb support97/mullet 16G 1~ ISTEA Transportation Enhancement Application Prepared by: Immokalee Beautification M.S.T.U Advisory Committee June 1997 Transportation Enhancement Grant Application vO~e ~o Immokalee ".~y ~o~e" immokalee Beautification M. S. T. U. June 16th, 1997 Project Title: APPUCATION FOR TRANSPORTATION ENHANCEMENT PROJECTS tI, a~0KALEE D~OI4N STREETSC~E BEAUTIFICATION - ?base II Project Sponsor (municipal. county. It~, fede.d ~cy. of tribal cound): Co!].ier Count.7 l~oard of County Cotrmttesioner~ Contact Phons 941-657-3171 FAX Pdortty (rela'dvs to o~lf iI:qfllcattom lubmilted by Ihs Project Sponsor). Name of APiSH:ant (if other than Project Spof~orT. Denise A. Snith Tile Connittee Chairperson c/o t400 North lSth Stree~_t.=Immokalee, FL 34t42 94t-657-8482 Immok~lee Beautification H.S.T.U. Advisory 1. Qualifying Enhancement Check Ihs enhancement act~dty which the proposed project will address. (NOTE: Checking II! ~cttvltles possible does not ensure or Incrsaae allglbllit~. Each acth, lty checked must meet ell criteria listed for Ihat Icflvlty In Appendix A of FDOT Procedure #$2S-030-300). [] ProV~ion of fauT~ee for pedestdan~ and blcydet [--~ Acqui~on of Kt~ic mem~nt- and scenic or hktodc sites,. {-'1 $cen~ or h~to~ Mghw~, progran'm. [-{ Rehsbit~'don end o{:)~'~k)n of I~to~ b'~nsport~k)n I:,uUn~. ~tructur. or fscill. ({noludn~ h#b)~ rslroK{ fec~Tdt, lind c~nd~). [] Control and removal of outdoor adved~tng. [] Ncheedoglcal planning and reseerch. [] Mmga~on ofwat~ po~ion due to highway oe 2. Project DescrlpUon: Use add~onal shee~ ss necessmy t~ respond to the folmvtng: Whit type of wo~ il I:~ng prolxm~l? (check al that applY) 16G-1 [] Planning [] Project Development Ind Envh'onmlntal Stuc~ei. [] Engineering ;md Final Plen~ Preper~on Work. [] Right of WIyAcqui~ion. [] Construclion. [] Conatmclion Engi~ aftd Inlpec~on Ac'~/Wes. Oe~wtbe how ~e prolx~ecl project is related to the intermodal banaporte~n system by either function, proximity or Impact (One of more may iplMY). See attached (c) Whara is the project loceted (and what ere the termini, lleppropf'mte)? Indodelocat,onmap. See attached (d) Summarize any ipecM cheractmtlttcl of project. Sea aC Cached Describe the project'a existing right ofww cwnershipL This description shade Identify when the right of v/ay yras ~cquiredandh~w~wnefshi~isd~cum~nted(i~e.plat~deads~pre~c~na.cert~edsurvey1). See at:t:ached (0 Descdbe any prOl:X~ad ~ght of way aCClUiS~on, inducing expected matching fund source, limita~ons on fund use or availabif~y, and who wi acquire and retain ownership of proposed fight of way. See attached (g} Describe any reiated ixoject work phases that are already complete or currenW underway. See at: t:ached (h) Other specific project information that should be considered. See a t tached 3. Project Implementation Information: Attach documentation as exhib~ to tNs form. Describe the propo~ed method of performing (IJ. contract or in-house) and admin~ering (i.e. local of state) each work phase of the project, ff I II propoled that the project be administered by I governmental entity other than the Department of Trml/poftltion. document that thai enllly his the lilcel, managerial, environmenlal and engineering capaMt0e~ to manage the work phase of the project ~ wi~h federal re<;uiremente. See attached Describe any pubic (end p(Nata, i~ appiceble) support of the proposed project. (Examples include: written endorsement, formd declaration, rem~k,'tion. NmncM dmlaliorm or other appmp~ata means). See at:Cached (c) Descdbe the proposed ownership and maintenance r~ponsib~de~ for the project when il is completed. See a C tac (d) (e) Describe source of matching fund~ and any resldcllone on avMabaty. See attached Other specific Implementation info~mabon that should be considered. See a t: tached 4. Pr~ect Cost: What is the tolal eatimsted coat of the w~ requeated to be funded Is an enhancm'nent proje~ through this app~cation? Planning ActiVes. $ Project Development and Environmental Sfudl#. $ Engneedng and Final Plans Prepm'a'don Work. Right of Way Acquieitlon. $ Construction. S 190,706.00 Other. (Describe) $ TOTAL: $ 195.706.00 16G How will the Project be funded? Federals 146,779.50 Federal 7SZ Sponsor/NSTU XKIS~ ~ · Tc~d S ! 95,706. O0 Sponsor/NSTU %"x~{~! .___~~ %- loo CERTIFICATION OF PROJECT SPONSOR I hereby cedify that the Proposed enhancement Project herein d~c~bed iu luppoded by Collie r Counc~, (munlctp~ county, state, federM agency, of tnbM cound name) and that said enbty wil (1) Provide the required funcfmg match; (2) enter into a mdntenance agreement with the Florida Depmlment of TtanaporlatJon; (3) comply with the Federal Uniform Reiocatlon Assistance lad Acquls{tion Poictes Act for any Right of Way K'dons required for the projects; end (4) support other ac'dons neceslary to ~ Implement l~e proposed Project. I further cerldy that the es0mated costs included herein are reasonable and understand that significant IncTeases in these costs could cause the Project to be removed from the Florida Department ot Transportation work Program. Signature Name (please type or print} (B) Describe how the proposed project is related to the tntermodal transportation system by either function, proximity or impact. The lmmokalee Downtown Streetscape Beautification is related to the intermodal transportation system by providing a safer transportation network for bicyclist and pedestrians within the Immokalee downtown area and encourage alternate means of transportation other than automobiles. (C) Where is the project located (and what are the termini, if appropriate)? The project along the east and west right-of-way ora .52 mile strip of S.R. 29 that runs from 9~h Street to l,t Street (C.R. 846 West. Phase I). See location map (Appendix I) See Architectural Master Plan (Appendix 2) (D) Surnnmrtze any special characteristics of the project. Phase II with the pedestrian bulbout~ and additional sidewalk areas will create safer and visually appealing pedestrian and bicyclist areas which will improve the physical and economic condition of downtown Immokalee. The possibility exists in Phase II to create flowing pedestrian spaces al.)ng the sides of the roadway, while connecting the entire project together with site elements and features. These pedestrian areas will encompass the existing sidewalk and extend to the outer limit of the existing parallel parking space. These areas will have to be curbed, and designed to work with the existing drainage system or flow. The pedestrian areas will include seating, bike racks, trnsh receptacles, and raised decorative planters. See Existing and Proposed Street Shot (Appendix 3) See Typical Street Planter & Seating Area Plan (Appendix 4) (E). Describe the project's existing right of way ownerships. The project is within State of Florida Department of Transportation right of way. (F). Describe any proposed right of' way acquisition ...... Not applicable. Prepared by ImmokaleeBeautificationM.S.T.U. Advisory Commit~ee lune 9, 1997 Page I (G), Describe any related project work phases that are already complete or currently underway. 16G Phase 1 (County Road 846W) of the lmmokalee Downtown Streetscape Beautification project was completed in 1993. Part of Phase I was the improvement and construction of sidewalks along the south and north sides of C.R. 846. The only remaining section fronts the Seminole Gaming Palace and the Immoknlee M.$.T.U. Committee is currently seeking a matching funds project with the Palace to complete this final portion of sidewalk. These exiting sidewalks are within the County right of way and are being maintained by the Immokalee M.S.T.U. Beautification Taxing District. (H). Other specific project information that should be considered. Main Street is a heavily used pedestrian and bicyclist area. The street planters or bulbouts, are an element of Phase I! that will redefine and increase the area for pedestrian use. The street planters provide additional greenspnce, pedestrian rest nreas, visual screening nnd n barrier between motorists and pedestrians, bike storage arena and an out of the walkway locations for trash containers. These street planters, with the benches and landscaping, become an nctive social nren which is important in the life style of local residents, visitors nnd in the redevelopment of the downtown area. The street planters also have a sa£ety aspect in that they, along with the planted medians, physically and visually narrow the roadway corridor to slow traffic speeds. They also prevent vehicles from using the parallel parking lanes for passing or travel lanes. The plant materials used within the street planters acts to soften the hardscape, add color, provide shade, and clean the air. Crape myrtle plants were selected because of their ability to provide foliage for summer shade, and open foliage for winter warmth. The ground cover selected is lantann, dune sunflower, dwarf juniper, and purple queen for their low growth habits insuring visibility, drought tolerance and color for accent. See Exiting and Proposed Street Shot (Appendix 3) See Typical Street Planter & Seating Area Plan (Appendix 4) See Phase 1I Site Elements (Appendix 5) (A) Describe the proposed method of performing and administering each work phase of the project. Collier County Transportation Office and Office of Capital Projects Management (OCPM) (B) Describe any public support of the proposed project. See attached letters. 1 Prepared by immokaleeBeautificationM.S.T.U. AdvisoryCommi~ee June 9, 1997 Page 2 16G (C~ Describe the proposed ownership and maintenance responsibilities for the project when ft is completed. Immokaiee ia an unincorporated community in Collier CounW. The residents, in their continued effort to beautify and revitalize Immokalee. have recently been designated a "Main Street" and Florida Enterprise Zone" community. The beautification of Immokalee is mainly funded by the residents through a self imposed taxing district. This taxing district, known as a Municipal Services Taxing Unit or M.S.T.U., is established by a county ordinance. The funds collected cnn only be used for beautification and maintenance within the District's road rights-of-way. The Beautification District is ultimately controlled by the Board of County commissioners, but is directly overseen by an Advisory Board consisting of volunteer residents who reside within the District. The landscape maintenance of Phase II will be performed by professional maintenanc~ firms contracted with Collier County. With it's past experience with Phase I the lmmokale~ M.S.T.U. Beautification District has developed a maintenance program that addresses the demanding and special needs for an urban area landscape project. (D) Describe source of matching funds and any restrictions on availability. Immokalee Beautification M.S.T.U. as described in 3(c) above. (E) Other specific implementation lnfornuttion that should be considered. Not applicable. Prepared by lmmokaleeBe"autificationM.S.T.U. AdvisoryCommi~ee June 9. 1997 Page 3 Immokol.e Chombe of Comrnerce 907 I~ol~er~s Avenue Immokolee. Flonclo 33934 (813) 657-3237 16G 1 February 3, 1997 RE: Immokalee Beautification M.S.T.U. Advisory Committee S.R. 29 ~Mainstreet. Project TO WHOM IT MAY CONCERN: The Greater Immokalee Chamber of Commerce is glad to endorse the effort*_ of the Beautification Committee to improv~ the Immolmlez main street ar~a. Improvement~ of th/s ama have long since been needed. After almost 10 years of developing this project we are overjoyed to se~ the project become a realization. Since the Chamber ia in the business ofpremoting it's community, tiffs project will certainly enhance our job. There is much hope and belief that the beautification of the main street area will help to change the image of Immokalee and strengthen it's economic bas~. The community of Immokalee needs this project and hope your consideration of it will be a positive one. Sinc~rl~ly, , _ //1/~//~ Raymond T. Holland Vice President Greater Immokale~ Chamber of Commerce 907 Roberts Avenue Immokalee, FL 34142 941-657-3171(daytime Ofc) Immokalee Beautification Committee Denise Smith, Chairperson Florida Community Bank 1400 N. 15th Street Immokalee, FI. 34142 Sonya Tuten Board of Directors Member Immokalee Main Street Program 1304 N. 15th Street ~mmokalee, Fl. 34142 February 5, 1997 Dear Ms. Smith, I am writing this letter to represent the Immokalee Main Street Program Board of D~rectors in our support of the efforts made by Immokalee Beautification Committee. The community redevelopment programs and projects that we are both wor~lng on will greatly benefit and con~bute to the future success of Immokalee. The Immokalee Beautifk;atton Committae's next endeavors, the median landscaping, lighting, and streetacaping plans of State Road 29 (Main Street Immokalee), will tie in very well to the efforts made by the Immokalee Main Street Program to rehabilitate and revitalize the buildings and businesses in down town Immokaiee. These efforts will also tie in with the recent measures taken by the Collier County Airport Authority to attract more businesses and industry to the community of Immokaiee, via Immokaiee Regional Airport improvements, the Free Trade Zone, and the Enterprise Zone. With Immokalee's current industry, farming and agriculture, on the decline, projects such as the Immokalee Beautification Committee, the Immokalee Main Street Program, and the Collier County Airport Authority are needed to guide the businesses and community into future successes. The Immokalee Main Street Program looks forward to Phase Two of the Immokalee Beautification Committee's projects to redevelop down town Immokalee. Sincerely, Sonya Tuten Immokalee Main Street Program 16G February 3, 1997 Denise Smith Presidem Immokalee Beautifica~n Committee 1400 North 1Sth Street Immokalee, Florida 34142 Dear Denise: The Immoka~ee Beauti~ttion Con'a~ee has done an excellent job with the beautification of First Street and the planning for the beautification of the Immokalee Main Street area. Wl~t the L, nmoka~ Beautif~ation Comm~ee started a few years ago to increase commtm~ pride and to improve the image of th~ ImmokaJee cotnnamity can only be finished when M. ain Street is completed. We agreed to. a seR'-imposed tax in order to carry out the bemaifica~n improvements to the town. These impro~s will benefit many people her~ in l'n'fmoka/ee. The redevelolnnent of this area will also help strcn~hen th~ Collier County Aitlx)rt ^uthority's efforts to recruit new txtsinesses and indus~ to the In'raokalee area, which will rca~ in new jobs for the people ofhnmokalee. Thank you and the Beautification Commiaee memben for their diligent work and I pledge nay support to your continued efforts. Sinccr~ly, I:'N'T/es Collier Count).. Homing · Immo~lee. Florida 16G Redlands Christian Migrant Association 4O2 W. Mahl Street Ptxanel: * Immokalee, Florida · 34142-3933 (941) 658-3560 · $unCom: g74-3560. Fax: (941) 658-3571 1 ]anuary 3 ], ! 997 Immokalee Beautification Committee Ms. Deni~ Smith 1400 N. I$~' Street ImmokaJee, Florida 34142 Dear Ms. Smith: Redlands Christian Migrant Association is writing this letter in $uppon oftbe comprehensive plan for the Main Street Beautification Project. There are already noticeable positive changes in some of the building facades, as well as general cleanliness of sidewalks and streets. RCMA is waiting for a response on a grant proposal to the National Endowmem for the Arts for the multicultural mosaic tile mural which will serve as a centerpiece of pride for the community. We believe that the active participation and involvement ofthe citizens oflmmokalee concerning the direction of the Main Street Project will ensure a positive image for years to come. We continue to look forward to the many changes that will bring the community together as a whole. Sincerely, Barbara Mairmer Executive Director An £qu~ O~m~ Em~ye~ Funded ~n Pan ~/ 506 South First Street. Immoka]ee, Florida 34142 Telephone (941) 658-1313. Toll-Free 1-800-218.0007 February 3, 1997 Immokalee Beautification Committee Denise Smith, Board President 1400 N. 15th Street In~nokalee F1 34142 Re: Main Street Improvements Dear Denise: I am writing this letter in support of all your efforts for the beautification of the Immokalee Main Street. As the President of the In~okalee Chamber of Cou~nerce I know how very important the appearance of our co~m~nity is to enhance our existing business and promote new business in our community. This will be one of the first steps towards helping with our new Main Street designation and our new Enterprise Zone efforts. Also on behalf of the Seminole Indian Casino I want to again offer to help with paying for the new side walk which we have spoken of in the past and also want to add that we are interested in paying for planters which would hang flowers from the new light poles. Please let me know what we can do to help. Carol Losa de Lara Director of Marketing Sem/nole Indian Casino Chamber President Appendix I 16G I 16G 1~ Appendix 2 16~ 1 16G :l~i!~,~,l~1 ) I'q! 16G .1 '" '"i!!li[i1 ,l~l!q,il!,,,.., ..: I!lm*,!,l,,l:itll !!~,Ii [lli!llt',~. ~ .I !11111!!~I ~ilt~11~, ~llu!!,l~ i II ~111,1~1 III!111! ~111!!1~ nip -[ 1111, j,.p.l I,.,11 ll~li[ilq i! ~ !l'!iiilll~ il ~ i ~,1 ' · ,t i :[:I :t!j iti!~lI I II:~ :i {'lllF 16G'l 1.6G 1 Appendix 3 166 1 0 '0 0 , ! ! I ~ ~!. 7 16G Appendix 4 161:; 1' m 16G Appendix 5 161~ 1 168 1 hase II Site Elements ~lod~! anner 16G 1 Floor Mountecl Lounge Scale Floor Mountecl Occastonal Scale Wall Mountecl ~al Scale MAXIMUM VALUE · Early ~nsta~ed. · Cost effective. · Replaceable components. MAXIMUM APPLICATIONS · Frommng~bem:htoau~or~m seaang co~gu~ons. · Same I:m~ch can I~e useO · A~,ailal~e im Occamo~al and MAXIMUM DURABILrrY · High impact UV ~tat~azed · Pow~J~ coated an~ stainless stee] frames. · Tamp~'-fxoof assemt:~y system. MAXIMUM STYLE · Gracefully curved db ~esign. · A varify of colom. · Cant~vem(I frame. · 8a~-m-~a~ mourning. · Easy ex~ng to~ pl',~s~-ally challenged. · Cane rail o~om for Maximum Sea~. Inc · 1000 Affanflc Drove · We~! Chica~, fl_ ~0185 · 8~(} 231-9~;5 · 800 ~'~'~-5085 * FAX ~30 231-9289 ISTEA Transportation Enhancement Application Golden Gate Communi Roadwa s Beantifieation Master Plan Golden Gate Be~utifw. afion Municipal Service Taxing Unit Advisory Comn/itee June 1997 T. E. A. Transportation Enhancement Application f! Phase I & II Prepared by: Golden Gate Beautification.M.S.T.U. June 16th, 1997 APPUCAllON FOR TRANSPORTATION ENHANCEMENT PROJECTS ~'C.L S~X - SO~n'S - t'=Z A [t*SASZS Z ~ ZZl) Sponsor (munidl:M, county, tt~tl, federll Igency, ~ trl~ll cound): E~ COU~Tr~ BOARD OF COU~?TY CO CHEitYLE L. ~ (911) 353-7969 C/O STL~V-E FABXANO FAX (9~) 774-537~ ffI{XT (l~rff) ADVX$ORY COI~qITT~ Qtmflfylng Enhancement Acb'vlttec enhancement sctMty which We I~Opc~ed projict wi eddre~ (NOTE: Checking afl ~ possibte dm not ensure me eligibility. Each aG~v~ty checked must rant ail cdtmta listed for that activity in Appendix A of FDOT Procedure 30-3OC~ 1 [] Pn~mion of fsc~ltl~ Ibr p~d#trlarm and bicyctt~. [] ~n of Ksnic easements and scenic o~ him=dc [] s~,~ or h~m~ ~hw~y pro~ren~ [] IJndK:~lMng Ind othe~ scsn{c beEzt~c:don. [] l-flstodc prNervallon. [] CordnX Ind remoYM M ot~d~x idvi(Mtn~ [] Ming. Son o~ w.t.r rx~mon du. to h~,.y run~. 16G C~) how the ~ ~ b ~ M the ~ W~n ~m ~ ~ef ~n~n, ~ or (~e or more m~ em. (c) VVhete ii the project Iocatld (and what me the tmTTdrd. E eppropftahl)? Include Ioc~on map. (d) (e) Summml~e rely ipoc~ chorm:Mflslk~ of pfl~ject D~ ~ ~ ~ d~ ~n, M~ W m~g ~ ~ufce, ~ns on f,,nd use or Deq:d'oe iffy related project work phases that Ire Memos/complete or cu.entty un~. ~ef ~ proj~ ~orm~n ~ ~ ~ ~ I Project Implementation InformaUcm: (SEE ATTAr) n documen~llon n i0d'dl:~ ,b:) thb form. (8) Ducflbe the proposed method M peffom, dng (Le. cofWlCt of kJ.houle) ind Idminbledng (Le. iocM ol, slato) each work Depmtment of Transportam~. ckx:ume,~t ~ thil e~t,/ha~ t~e flKM. managerial, env~nmental and en~ineeflng (b) (c) Descdbe tho proposed ownerM~ 8nd mdflt~nonce r~pon~o~ for the project when I is coml~eted. (d) (e) source d m~g ~ ~ ~ ~ on ~. mpeci~c ~em~n ~n th~ t~ ~ co~ ~e ~ el~mlW:l ccm of ma work requs~ k) be hJnded ~1 ~n enhm~-ement pmJec~ through ~ IpMc:don? FIInning Ac~ PmJe(:~ Devdc)pme~ ~nd E..M'onmef~l Studle~. F.~ineMIng ~ Find Ptm~ Prepm'don Wink. /~,t ~ W~/ACCle,~n. C..m',~a~. Eh~nwtng ~nd Irmpedon $ S $ -o- s -O- S ~ S 53 000 s 32~,ooo Howwi the projec~ be funded? FederM $ 22.....~.~5 000 + Kf'ru- $ FedeM 70 % + ~ eleSTU "Hunlclpel Service Taxing Unlt) 100 000~ =To'MS ~0 30 % · 100 CERTIFICATION OF PROJECT SPONSOR (muntc~ county, state, federal lglncy, or t~bal cauncd name) smd entlly wi (1) pravtde me required fundng mmch~ (2) enmr Into a m~inten~nca agreement with l~e Flodda Depanmem cf ~llon: (3) camply wtth the Federal Un,mm Rdocakm AMismnce mxl Acquklllon Poicies Act for ~ny Right of Way ec~ans for the project~: and (4) euppo~ other Borons necessmy 1o fully implement the proposed projacL I fu~er d cosl~ included herein ara m~nable ~nd undersmnd that si~ incTm in these : from the Flora Depinment of Tmnspormton woflc pmgrin~ 1 N,me (pickle type .1., ATTACm~'r #1 Second Pail of a Five Part project. Fire Pm- 2.1 mile secure of Golden G~ Parkway compleX! today. Second Part. I mile secgon curr~tly being spplied for-~l C.R. 951 Pitt A (P'mse I ami 1~-. Third Part - I mile sec~on of ~ C.R. 951 Part B'. Fourth Pail. I mil~ sectinn of ~ Sram Bmtmn Boul,zvm. d North, pha~ r,. Fifth Part. I mile section of ~ ,e~una Baflzara Boulevard North, Phase H". The above dcvdopmcnt scbf~l~le is per Golden Gate Co:nnnm~ Roadways Beautificat~n Master Plan] (see tttachcd excer~ Sec~ou 7, Phtsinf and Fund.in~ Schedules Pagcs 7-1 and ?-2). County Road 951 ' S°uth ' Part A (Phase I & H) ~ hts a functional relatinnship to the in~'m°dal transportatinn sysunn ts a "Gatc, way ~ road directly adjacent to 1-75/C.R. 95 ! Oatcway ts descrRx~ in Collier County Streetscxpe Master Plan as pertzining to ~ 2010 £imncially Feasible Plan and pxrt of'Collier County's 5-10 Year Work (c) Where b the pr~ec~ Ioca:td (nd wha: art the ~ ff sppn:q~ht)? ~ ~j~ h !~ N~ ~I~ ~M P~y. ofl-7~ ~ I~,~~~M~~ ~ ~e d~ ~ h a ~ of~~ ~ ~e. ~ ~ a~ (e) The project i~ entirely ~ Collier Coumy owaed fight-of-way. 12~'umentatinn of this may be f°u~ in ~ CO~ COrnY Om~ ~ ~,~. Mo~ spe~ncany kx:at~d ~ along th~ connnon section line between Sections 26 and 27, Towns]~ 49 .~mth, Range 26 Tsxi~ Unit (MSTU over a tm(10) y~r tin.frame. Taxpaye~ in the fou~4) squs~ mil~ are a tin~ly f~kion. This MSTU was the second of h kind emblislmf for median 3. Project (a) ~ the proposed mctbod ofperforn~ng end administering each work phase of the Tbb project would be lm~B~d ~h Collic~ Comfy Tr~mpormton Lmd~nS Service (a') Descn~ ~ ~ of~ ~ tmoxin~, 2.1 nn~s ofOoldcn Oate ~, ~oved M~ 27, 1997~ne Botrd of CoRicr Com~ Commimooe~ for County lm~l~ping Upon in~lnnmx~n of'C..R. ~$1 PxflA (Phase I and n) Project, Collier County would m ~mmm ~mmmmmmm CO~GRILIS]fAiq GOSS ~ ~ 20St5-Ogt4 State of Florida Depart~enC o£ T~ansportaCion dOS ~mee gCreec Tallahmloee, Flc~i~a 32399-0450 ~002 '""--- 16 G 1, mmM~i./Lm Let; ma t:~ce Chis opportunity Co express my support ~or th~ the em-* ~lier C~ty'l BCnet/caM ~mter Pl~ ~l mlraa~ ~eiCly ~d ~a roadva~ ~Jor a~erial ~o~ in the ..... ..,1~_..~ollier .COt~.. t:y ~oefm ma~o= increamsm in Ix)Ih resident ~ _v~_.~x~c. or popu~, a~ion~., 1C 1l extremely tmporCa~b for local orvan/zaCions. The N.$.T.U. w~ll in £acc contribute 30~ of the ~undi~ for ~he project. hope chis application receivee everM consideration Xinet 2regards, Pox~e:c Goss Member o~ Congz~ms FAX I 041 '/?4 el~) PBOBATIG~ I]1002 Golden Gate Area Chamber of Commerce · ns 11, ,1997 ~k~ Oee aeu~3c~ ~S.T.U. ;I01 3 Isi.,q,~me S.W. ,lolden (~ Fkai~ 34116 _Am!'mary Commiffm's .eflbfls to rebait ~ho LS.T.E.A. Brm~ 8~01 Dav/s B/vd. Naples, Fk~da 33942 (941) 455°3 I00 1 GOLDEN GATE AREA CIVIC ASSOCIATION 4701 Golden Cra~ Pm'kway G-old~ Crate, FL 33999 2heryle N~mn ~'~ai~ Golden Gate Beautification M.S.T.U. Advisory Conun/ttee ;1013Ist Av~ SW k~den Oa~, FL 34116 vledian beautification is impomnt to the aesthetic of any roadway. As you know, County Road 51 is a main arte~ road l~ding into Go[den Gate a~ well a~ an acce~ road to 1-75. Many ~rim ~s well resicknts travel it daily. ~n behalf of the Ooiden Gate Area Civic Ano~c~ we extend'~ support to the efforts of the k~lden Oate Beautification M.$.T.U. Advisory Committee to beamify County Reed 951, and ~e submittal of the ISTEA Or-ant application for ix~"ntial funding. 4aria Tuff, President tolden Oate Area Civic Association A4:I~ FAX ~ 82~ 481 40~8 QUALITI' IlCq lBO02 .1..', 3. gg7 C~erTle Newman Co-Chainaan Golden aate Beauti~ioation H.S.?.U. ~dvisor2 Committee 510l 31st Avenue Southwest Naples, Florida 34116 To ~hom it ~ay Concern: This letter ia to show our support of the eJforts o~ the to the aa aPpZicati~n . h.. ......... uhmittal of the 3inoerely, viand. Durkin, C.R.A. Resort/Hotel Operations FAil 81~ 4S8 40~8 (1~ 1~ ~003 16G I d :o-Chairmen 3olden Oats Beautification N.S.?.[I. Advisor7 Connittoe 5101 31at Avenue Southwest ~mplem, Florida 34116 re #hen :Lt Xa], Concern: rbia letter is to show our support of the e[forts of the Ooldon 2ate Beautification Advisory Conm~ttee to beautif! C.R.951 to the South of Golden Oats Par~a7. We also support the subutittal of the :.S.T.B.A. Grant application ~or potential funding. 3inoeral,, :imoth! c. Fredeen lead P.G.A. Golf Professional dl~O ~.cddln ~ p(~ N~ ~t 33999 (813) d~tOlO TUFF 1661 2301 C.R. 9S1, #C * Naples, FL 34116 "BLICATIONS INC. =,-mare 'mirpu~aol.com LES 5'HOP~ , SENIOR ~ · GOLDEN GAlE GAZEITE · EVERG~ ECHO 1, 1997 )istAv~SW xc/t~d to sc~ your hard hours of work briniing so much prick= a2xJ c~oym~3t to our community. ally de.l_ighted tha~ your work on beautifying the O to the sowell. ThelSTEA /sa . __ aIeway area (Counly Road g$l) is , commumty and Is adjac~ io hncrm~ 7~.s~~m °f funds since your project ss ~he entrance m fl~e IW. Tuff 16G 1 To: Golden Gaie Beaulificalion Advisory Board C.z,-Chair: ~ N~'man RE: CR 951 Medinn Beau~cntion Cheryl, I agree with your Advisory Board opinion to landscape County Road 951. As you know, that is a Gateway to our.~ _un_ity viva 1-78. Because of lack of funding source available in the Golden Gate Community, seeking I.C.E.T.E.A. grant money is a perfect choice. Again, thank you and your colleges for your dedicated community involvement. Golden Gate Auto Repair 1680 440~ Terrace S.W. (941) 455-,9448 (office) (941) 4SSo9S66 (fax) . HAGUE Quality Water DMskm of GoMen Giro W~ Ddmng NIplM, IT,. ~4116 2401hTemK~S.W. o NaPI~RMk~34116 . Office: (g41)~. P~uc (941)455-8788 .f~ June 13, Urn. Che~e N~n, Co-Ch~irpemon R~ I~ ~ ~~n I CR 051 ~ar Che~e: Oh beha~ of ~lli~aple~ 9~., a n~-for-p~ (~1~) ~mfion ~ for ~e la~ d~de ~s ~n to fad~o ~nd~ for o~ major dgh~f-~, e~ia~ endomes ~ app~on for f~eml (:S~) ~nding assi~ ~ ~ CR 951 pmj~ ~ Golden G~e. Y~ ~ ~ ~ ~~ ~ ~e ~l~er ~ 8~~ Ma~er Prepared ~ ~is ~ and ~i~ ~s unantm~sN adored We ~ ~ ~ ~ ~nsu~ for ~e ~e ~u h~e ~ken to this most ~~ ~e~ ~ ma~ land~, es~l~ g~en ~'s mu~ m~al sign~. We ~d ~ to ~ ~ ~ in ~e ~ to ens~ tmpleme~on of ~ ~ ~ ~' ~, ~, ~e p~s, and ~1~ am n~ in ~ts he~ ~ ~d~. f~~ ~ ~ 951, ~em do ~ ~ to ~. ~ ~ ~ ~a~ of ~mmJssJone~ CoBer/Nal=mcape SOs 051 Moon Ct. · Man:o IstancI. FL ~1145 · 941/849-724~ · fax 941/S42-2C~5 11 16G 1 11 ;141 iltum OLDE Future Part "B" .Proj "A" Phase I &'Il" Collier County, Florida LOCATION ~IAP :Golden Gate Canal to Green Blvd.) ~oadway descriptions: Signalized Intersection: :urbing: ~ledlan Description: Side Rights-of-Way: A 2 mile roadway running north and south within a 100 foot wile mad right-of-way easement This roadway will be subdivided ~ two smaller sections. Part "A" b the southern one mile south of Golden Gate Parkway aM Part "B" Is the northern one mile north of Golden Gate Parkway. Both part "A" & "B" are divlcled four lanes with curbed medians and curbed outsile traffic lanes. The posted speed limit Is 45 NPH. The entire roadway is a major County, Community and Golden Gate City artertal roadway. The southern end of Part "A" ends at the first Naples northbound Interstate 75 Interchange. This roadway Is a major entrance into the Golden Gate Community. Part "B" roadway is built $0 feet (+/-) into the existing 100 foot final easemen~ Part 'A": l~edlans ~nd outsile ~'~fflc lanes are all curbed wi~h ver~al ~ -p, curb and gui. er. Part ~B": I~edi~ns ~nd outside lanes am all cur~ed. The 3 ver~c~l ~ -F~ cu~. The remaining medians frorn ~0~ I~. to ~'een BI~I. h~ve moun~l~e ~" E~ curb. The outsile traffic lanes are curbed wi~ vertical ~.~ ~ ~n thern h~ve so~ concrete sel~ra~ors the d'~'~nce Par~ "A': There ex~ .89 rniles of meolan green area dirked in~o 3 medians. These rne~ans are grossed and slightly elevated alxwe the curb. The flrs~ median at the intern ~ Golden Gate Par~ Is an 8 foo~ wide solil concrete sel~r~or. ~ medians gene~l~y are 18 fee~ wide. Part ~B": There ex~ .90 miles of median green area d'n~led into 7 medians. 'l't~se mec~ns ~re gr~ssed ~nd s~ghtly clerked alx~e the ~ There are ex~,'~'Jng cabbage I~lrn groups planted tmvards the ends of the medlar~ The noses of these medians have been planted with various native plants as an experimental project A review of this plant material may reveal plants that could possibly be utilized in future plantings. Part 'A": The west sile right-of-way is a grassed shoulder that slopes into a drainage swale. On the east side of the right- of-way directly behind the curb is a standard metal guardrall that extends the full length of the section of roadway. From the back of curb, under the guardrail, a distance of four feet (+/-) is asphalt pavement. From the end of the pavement under the guardrail starts a grassed canal bank. 3-7 blarch 12th, 1997 1, .'~ge two ;.R. 951. SOuth :oadway slgnage: :)verhead utilities: ~oadway lighting: 'edestrian walkways: ~ika pathways: :oadslde Development: Part "R": The wes/side right-of-way Is grassed with a 5 foot sidewalk along the r~ht-of-way line. The grassed area is either level wfth back of curb and/or sloping into a drainage swale. The east side fight-of-way has a grassed retention swale va~ing in width starting at the back of curb. This swale is prior to the canal top of bank. This retention swale handles roadway drainage prior to flowing into the adjacent canal The roadway signage consists of metal traffic and road ide~ signs mounted on 4" x 4" wood post and metal Both Parts A & B have overhead electric transmission lines along the west right-of-way line. Part 'A": Them are no street lights continuously along the roadway only at the intersections with other roads. Part "B": There am street lights continuously down both sides of the roadway. The street lights are s~andard mansard arm metal poles wfth cobra head fight fixtures. Part "A": There are no sidewalks on either side of the roadway. Part "B": There is sidewalk along 95~ of west right-of-way. Part "A": There are no off-road or on-road designated facilities. Part 'B": There is a 5 foot off-road facility shared with pedestrian~ Part "A": Along the east right-of-way line is a 100 foot drainage canal easement. Along the west right-of-way line from the Golden Gate canal to a point $00 feet (+/.), before the intersection with Golden Gate Parkway is a golf course facility. The remaining $00 feet is undeveloped commercially zoned property. Part 'B": Along the east right-of-way line is a 100 foot drainage canal easement. The west right-of-way has heavy ro~ commercial development exisl:fng and the remaining vacant property is zoned for continuec; commerc~l development. 16G 3-8 Harch 12th, 1997 ~ Be~=tion 7 · t. ve ~ear Roadwa~ Phasing & FundSng Schedule · he phasing and funding schedule was developed to address the ollier County major arterial roadways within the H.S.T.U. first. t_i.s a_pp.arent the?e roadways are the Gateway roads within the olaen Gate comuun£ty, as w. ll as the southeast Collier County/ aples Urban Area (See Table 16}. This phasing schedule is in .eeping with the Master plan goals and original philosophy behind ~.h? ?olden Ga?e Parkway East roadway beautification project, nLcn was to beautify the main roadways that would beet benefit .he Golden Gate community and Collier County. The phasing and funding schedule is based upon the concept to ontinue the public/private partnership with the Collier County :oard of County Commissioners. This schedule is also consistent 'ith the Collier County's past actions to assist in funding and mplementation of roadway beautification within the Naples Urban tea on a case by case basis. The schedule is also consistent with he adopted 'Collier County Streetscape Master Plan' methodology, ntent, and streetscape network of roadways to be improved. The .ethodology of the five year schedule is to assist the County in · educing the time frame and funding cost of the roadway landscape mprovements by utilizing local residents tax dollars and · olunteer services for administration of the projects. This five · ear schedule benefits the County as a whole and local residents · y saving money and beautifying Collier County roadways. The schedule cost does not take into accomlt po~ential .utside funding from grants or private local organizations. The ~ost shown in Table 16 for maintenance has a three percent cost of .iving increase per year and the M.S.T.U. capital revenues include conservative three percent yearly increase. The 1996-1997 ..S.T.U. revenues showed a e£x percent increase. The lanning/Design and Capital improvement cost are based upon 1996 1997 dollars. Based upon past and present improv~ment cost for :ounty roadway landscape projects the f~ve percent contingency .ieted in the 'Typical Beautification Improvement Cost for ~adways' tables would be anticipated to cover cost increases over .he five year schedule. 16G 1 (Golden Gate Canal to Golden Gate ParkwaF, 1997-1998 Bast) Type V! Based on median area only. Existing curbed roadway. March 12th, ?-! 1997 ((]olden Oate Parkway, (Coronado Parkway to Ocean Blvd,) Zaa~: to C~reen Blvd.) ?Y 1998-1999 Based on median ~ea E~s~in9 ~d roa~y. FY 1999-2000 pev Based on median area only. New& existing median curbing. (Qo~den Oata Canal to Coronado Parkway) FY 2000-2001 Based on median area only. New & existing median curbing. 1 7-2 March 12th, 1997 166 16G ll ISTEA Transportation Enhancement Application Pr~par~ for:. The City of Naples Pr~'par~d by: Messier & Associates, Consulting Engineers June 1997 Metropolitan Planning Organization Arm: Mt Amy K. Taylor 28O0 North Horseshoe Drive Naples, Florida 34104 OFFICE OF THE Cl'i~ MANAGER Subject: ISTEA Enhancement Funding Application-Park Shore Bridge Bicycle/Pedestrian Enhancem~ Project Thank you for your recent letter regarding the ISTEA Enhancement Funding Application. The City of Naples has prepared a preliminary engineering report for the expansion of the Park Shore Bridge for the purpose ofpmviding improved bicycle and pedestrian facilities. Since this Project represents an enhancement activity in accordance with the Intermodal Suffar. e Transportation Efficiency Act, the Naples City Council has approved the submittal of a FDOT Application For Transportation Enhancement Projecis. Accordingly, please find enclosed three (3) execttted Applications with attached Preliminary Engineering Reports, CRy Council Authorization Resolutions and copies of this letter. In reviewing the FDOT Procedure and Eligibility Criteria, it appears that the Park Shore Project is in conformance with the policies and, if ~lected, the City of Naples would be willing to continue its efforts of 'Local Participation' and completing Project P.D.&F~ along with performing the Project Design ~xl Permitting functions as the local share subject to the availability of Federal and Stxte funding. As a final note, the existing bridge, along with the existing road right-of-way, is dedicated, operated, and maintained by the City of Naples, and there is sufficient fight-of-way so as to allow phasing of the proposed construction within the dedicated right-of-way. Upon review of the enclosures, should ~y additional information be necessary fi'om tiffs office, please clo not hesitate to contact Richard Gatti, P.E., Development Services Director, or George Archibald, P.E., at (941) 434=4655. Thank you. Xc: Richard A. Ga~ Development Services Director Attachments · '~v~n~Mt~n-~. F)K::~R~(MI)4~4-M20 TE~'PHONE~I)~0 8UNGOMe74-~10 TM B(3HTH ~rREET. 8OUTH · NAPt. E~, Ft.Of~)&M1O2.eT~ Book 107 · Pa~e Avenda Ztem 21-a J~L~Af, the Florida Dep~r~.nent of ?ranspor~at£on is currently accepting applications £or c~flity enhanc~flt pro,acts; and ~S, i revl~ of a~lic~lo pro~ecCs coflfl~d that the Park Shore Bridge Bl~cle/P~es~ri~ onhanc~n~s Is ~n tdosl candidi~e for these funds; and ~, the fundl~ r~ee= for the Park Shore Bridge e~ancwntg Il in the ~un2 of $572,978.00~ and a~l~cat~ofl ~or the Park Shore Bridge ai~cle/Pedescriafl afl.tic--nC pro ~ e~. NO~, ~FO~, BE IT ~S~ BY ~ CO~C~ OF ~ CI~ OF ~S, ~RIDAs Section 1. Tha~ the City Hanaver be authorized ~o exerts an a~lica~lofl, a co~ of which is a~tached hereto, for IS~ fufldinv fo= the Park ~ Shore Bridge B~cle/PedeeCrian enhanceMnCs. Section 2. ~ls resolu~ion shall t~e effe~ ~iately u~n adoption. PASSED XN OP~3E AJED It~GULAR STJSXON OF T~X~ CXTl./j~UlqCXVd OF Tile CITY OF NAPLES, FLORXDA, THZS 4TIX DAY OF ~, 1997. ~~.//~ Approved as to form and legality: I h,ml~, cerm'y ~u~ h ai~ and t:mi~dn~ k a ~ta 1..! PROJECT APPLICATION for PARK SHORE DRIVE BRIDGE BICYCLE/PEDESTRIAN ENHANCEMENT ' (BRIDGE NO. 034101) City of Naples, Florida Sponsor June 9, 1997 From East of Gulfshore Boulevard North to West of Crayton Road W.P.I. No.: 1123701 Alq~LX~TIO~ FOR EIIHA~CEMENT PROJECTS 16G 1, 01/95 W Ipuoer (munldp~d, coumT, stoL% or rak. m1.8en~, or tribel counct~: ~3~5-030-300). X O O X 0 0 0 0 trulb). Arctmeologic~ phnntnI and ~ Mltlgnt..Jon of water pofluUon due to rdghwty runoff. 16G 1 1~O!~4 S'2~030-30 ~CVTRO~A/., MA~AO~,I~h'r o~/~ Uso additional she~,s '" nzcesMry to respond to the IbtlowinS: (a} What type of work is bctn~ I~? (cheek all that apply) 0 X X X Plannins A~dvttle~ Project DL~Jopment and gnvtronmenutl Studies. gnglnecrlns ~ ~ Plans Pr~-p~ldon Work. (c} Whe~ Is Lhe Pro~ located (and what are ~ tm-mini, if appropriate}? Inchsde local:Jori mnp. ~s~ A~dkd~l {d} Bum mnrl~ shy special etm.."Ktetbtles of prc~ct. ~ A~l~d rr~K'l~ D~ K~ (el Describe the Ix~Ject~ exbting right or way ownerships. This descdpOon sh~l Mentily when O~e right of wa7 was (0 Describe any prOlx~ed right of wa~y nequlsltlon, Including expected mat~hins fund som~. llmltati0m cm ftmd use {hi Othe~ specif~ project information that should be considered, b A~h~d f'roJ4~-~ DsvMopm~ IK~por~ Project Impbment~,tlon Xztformatlon: endor~ment, formal dec.hr~tlon, reseluUon, ~ donations m' other appropr'mte means). De~c~be the IX~Xmed aWT~t~lp nnd malntc, nince respoflsiblHLiea for the project when it I$ completed. (e) Oth~ ~ Imptem4~tion In.e'ofa~m thatt should Ix~ ~ ~ A~t~.h4d rroJ4~ D~ ~or~ 16G iI What Is ~ total eaUmated co~t of the werk requited to be funded as an enhancement project through this nppllcation? $ 0 $ 0 fqsmnlng AcUvttlem. ProJect Development and e-nvtromnemai etudle~. Engineering and P]nal P~ns ~Uon Work. Ounstructlon gn~lneerlnK ~ Inspection Aetlvtth~. Other ~.sc~be} TOTAL: How wUl the project be fluxSed? Fcdend $ 572,978 + Iq)or $ 0 sponsor $ o ToteJ $ 572,978 Fedcra/ IIX) % PDOT 0 % Sponsor 0 CL'RTIFICATION 01~ PROu'F, CT 8PO/fSOR t hereby cert~ mat rte ~ enhancement project hetetn descrtbed ~ supported t~ t.~ C~ o~ and t~at saki enUty ~ wUllng t~. 11) provide the ~CltLtted funding retch; {'2} enter Into · maintenance agreemcnt ~lth the Deptrtment ef?mnsportatlon; and/or (3) support other act. ions necessary to fully Implement the pt~.~ ! further eer~ · Kk:hard t Woodruff. Plld. Name Lokase tT~ or pttnt) PROJECT DEVELOPMENT REPORT for PARK SHORE DRIVE BRIDGE BICYCLE/PEDESTRIAN ENHANCEMENT (BRIDGE NO. 034101) City of Naples Collier County, Florida PREPARED FOR THE CITY OF NA~ES, FLORIDA · June 4, 1997 FROM EAST OF GULFSHORE DRIVE TO WEST OF C.RAYI'ON ROAD WPI NO.: 1123701 }II;SS[.£1~ & ASSOCIATES CONSULTING ENGINEERS M&A Project No.: 95084S2 16G i 1.0 Project 8cope and Requested Particip~tlon: .............. 1 t.t 8cope by Qualifying Enhancement Activity ...................................................................................... 1 t.2 8cops of Work for Bicycle/Pedestrian Activity .................................................................................. 1 1.3 Aesthetic Enhanc.ment ...................................................................................................................... 2 2.0 Project Description ..... 2.t Type of Work PropoMd ...................................................................................................................... 2.2 Relation to Intennodal Transportation System ................................................................................. 2.2.1 General Project Relationship to Tranapor~ation System ............................................................ 2.t.2 Direct Project Impact .................................................................................................................... 8 2.3 Project Lor.~Jon ................................................................................................................................ 13 2.4.t Pedestrian & Bicycle Facilities ................................................................................................. 13 2.4.2. Aeathatic Development ........................................................................................................... 14 2.5 Right-of-Way OwnarJhip ........................................................................................................... 16 2.6 Proposed Right-of-Way Acquisitione .............................................................................................. 18 2.7 Exiatlng Phases of Work Underwly .............................................................................................. 18 2.8 Other Specific Project Information ............................................................................................... 18 3.0 Project Implementation Information ......................................................... 20 3.1 Project Adminlstr~on ...................................................................................................................... 20 3.2 Public end Private Support of the Project ...................................................................................... 20 3.3 Proposed Ownership end Maintenance of the Project ................................................................... 21 3.4 Matching Funds ................................................................................................................................ 21 3.5 Other Specific InfommtJon .............................................................................................................. 21 Bridge Development Report Project Support Document~lon U$CO Bridge Project Queetlonaira TABLE OF FIGURES Naples Bicycle Routes ................................................................................................ Gull~shore Blvd. N. Beach Accees Parking ....................................................................... Bicycle Lane Uae - Gulfshom Blvd. North ........................................................................ Bicycles at Beach Access .............................................................................................. The Vlllage Entrance and ResidentJal Development ..................................... C~N~ULT~G ENCgNE~ ' ' ]6G 11 ?.~..~_N~,~, Florldm Pmrk Et~re Drive ~ (Br. No~ 034101] over ~ Substandard Bicycle Facilltie~ place Cycllats at Risk ..................... 10 Residential Development Southeast of Bridge ............................. tl Residential Development Northeast of Bridge ............................................ 12 Bent Elevations ..................................................................................................... 15 Right-of-Way Plat.. ............................................................................................. 17 16G 1.0 Project Scope -,nd Requested Participation: 1.1 Scope by Qualifying Enhancement Activity: The Park Shore Drive Bddge Bicycle/Pedestrian Enhancement project incorporates two elements of the eligible enhancement activities. These ere the Provision for Fac~Fdes for Pedestrians and B/cycles and Landscaping and other Scenic Beautification. 1.2 Scope of Work for Bicycle/Pedestrian Activity: The Park Shore Drive Bridge is an existing structure which does not have adequate provision for bicycles or pedestrians yet forms a critical element in the bicycle and pedestrian access to the beaches and commercial areas in the Gulfshore Drive North area of Naples. The beach access is an important part of the Naples seasonal economy and the beach privileges are extended to the residents of all of Collier County through an agreement between the Naples City Council and the Board of County Commissioners of Collier County. This is reflected in the integrated bicycle access plan published by the Collier County Metropolitan Planning Organization which includes a substantial amount on Collier County in a formalized bicycle path and route program which is well integrated with the City of Naples bicycle routes. This integration allows for the reduction in beach parking congestion by diverting vehicle trips to bicycle and pedestrian trips to the beaches along Guffshore Drive. There are only two accesses to the Guifshore Drive North beach areas as well as the residential and commercial areas. These are the Harbor Drive Bridge and the Park Shore Drive Bridge. Both of the bridge structures have little accommodation for bicyclists and pedestrians and are by function and traffic collectors which increases the risk to bicyclists and pedestrians transiting the facilities. The Par~ Shore D~ve B~dge is ~st suited for u~radinG mai~eflan~ items ~i~ ~ ~ addmss~ ~fom u~mding ~1i r~uire ~defling to all~ for the standard bi~e lanes, additl~ ~ sid~l~ on either side ~ ~e s~e. The additional width for the bicycle end pedestrian facilities will be added through the extension of the bridge pile caps and adding two prestressed concrete slabs on either side of the bridge. The pile caps will be extended by adding one additional pile to either side of the bridge and extending the existing pile cap over the new piles. As part of the extension of the substructure, the existing piles on the structure will be jacketed with 610 mm pile jackets to correct damage to the existing structure and bring the structure into compliance with current requirements for severe exposures. The superstructure will be widened by placing two 1525 mm wide prestressed slabs on either side of the existing superstructure on the extended pile caps to provide for the bicycle lanes end pedestrian sidewalks. These slabs will be tied to the existing superstructure by removing the existing post-tensioning bars with pest-tensioning bars which will extend through all of the deck slabs, both existing and new. 1.3 Aesthetic Enhancement: The City of Naples has made a concerted effort through adopted policy of the City Commission to aesthetically enhance the public improvement projects within the city in accordance with the city's desired appearance. ~ FIo~m 16G II In order to avoid the appearance of a standard highway bridge which would be unacceptable in the upscale neighborhood in which the bridge is located. A balustrade handrail is proposed with decorative lighting standards and luninaires similar to lhose found on Park Shore Drive at the Village Shopping Center located to the West of the bridge. The balustrade was chosen in keeping with the neighborhood atmosphere since the theme of the significant development, The Village Shopping Center, which has a Venetian theme and is constructed in part over the water on pilings much in the way Venice, Italy would appear. The balusters would give the bridge a 'Venetian' look as well as being consistent with the historic characteristics of several bridges in Florida constructed by the Luten Bridge Works in various locations in the state including a project in FL Pierce, SL Lucie County which incorporates a similar rail. 2.0 Project Description 2.1 Type of Work Proposed The work requested in the application is for. Engineering and Final Plans Preparation Work, Construction of the Improvements, and Construction and Inspection Activities 2.2 Relation to Intermodal Transportation System:. 2.2.1 General Project Relationship to Transportation System 16G 1, This project is proposed to complete a needed link in the intermodal transportation system for the City of Naples and Collier County. The project provides elements which are readily identifiable in the improvement of the bicycle and pedestrian access and completion of the system of bicycle route~ in the City and in Collier County. (See Figure 1) Park Shore DriYe Bddge / I (/ , 16G In addition to impacting the bicycle and pedestrian access, the project has a benefit of providing relief for parking congestion and traffic congestion dudng both the seasonal high traffic periods and the off season periods by encouraging bicycle and pedestrian access to the beach ends along Gulfshore Boulevard North. Figure 2: Gulfshore Blvd. N. Beach ~ Parldng By increasing the use of the alternatives of bicycle and pedestrian access to the beach ends, the number of automobiles utilized will be reduced. The reduction in automobile trips and conversion of these trips to bicycle and pedestrian trips reduces the parking congestion at the beach access points and reduces the vehicle volume on the routes to the beach ends, especially Park Shore Drive and Harbor Drive which are the only accesses to the peninsula where the beach parking is located. 16L 1, ~ Flodd, PBr'lc Ghc~ C)dv. Br'ldg_~..(Br. No.: ~1011 ~ u~ ~ bl~e a~ ~~ ~ps to ~ ~ ~s, ~i~ a~ ~ ~~1 a~ies has i~a~ si~ the Ci~ ~ Naples impl~ a p~ ~e bi~e la~s ~1~ Gu~shore B~l~a~ N~, ~ Line D~, R~, Pa~ ~m D~e a~ Hair Ddve. Flgur~ 3: Bicycle Line Use. Oultihom Blvd. North The use of bicycle ~ pedestrian trips is evident ~t the beach ends where the ~ of I~rked bicycles demonstrate the efficiency of bicycles for parking space and the reduclJofl in tmffi~ 2.1.2 Direct Project Impact The project to include bicycle and pedestrian facilities on the Park Shore Drive bridge has a direct impact on the utilization of the bicycle and pedestrian access to the Gulfshore Drive North beach Village and the residential areas. Gulf shore Boulevard North is located on a peninsula beginning at Doctor's Pass on the South and terminating at the end of Venetian Bay on the North at Seagate Drive. 16G 1 Figure 4: Bicycle~ at Beach Acce~l This peninsula provides 2.3 miles of beaches on the Gulf of Mexico, dense re~liflal high-rise development and commercial shopping centers. The access to the peni~ is by two bridges, the Park Shore Drive bridge and the Harbor Drive bridge. ~ ~ the limited access to the peninsula both Park Shore Drive and Harbor Drive are key linl~~ i~the transportation system of the City of Naples. Due to the development on the peninSUla both the bridges are on collector roadways with high traffic volumes with liffle room for expansion to larger facilities. 16G 11 PBdc ~ ~ ~p~. I,~ c2~4101! The Vlllage Entrance and Re~identlal D~wel~ (Southwest of Park Shore Drive Bridge) While the limitation on the expansion of the facilities may be considered a shortcoming, the Gulfshore Drive North area is approaching the maximum development possible arid therefore the growth of traffic over the two bddges will stabilize and only continue to grow due to the increase in demand for services and beach access from outside the Gulf'shore Boulevard North area. Since the traffic volumes will stabilize with the build-out of the peninsula prope~ the development of alternative forms of transportation has a very direct impact on lhe ~ volumes. The ina'ease in bicycle and pedestrian trips for translxxtation to the shopp~ areas and the beach access will translate into a reduction in the vehicular volume~ on both Park Shore and Harbor Drive. l~e~er & Az~o~s P~No. 9 16G Figure 6: Substandard Bicycle placa Cycllat~ at Risk the bicycle ~ f~ciliflas ~o ~he Park Shore will directly benefi~ bo~h Ihe Park Shore Drive bridge and Harbor Drive Bridge. ~ ~lopping center at Park Shore Drive and Gulf~'mre and pedestrian facllitle~ to the Park Shore Drive bridge ha= greatest impact due to the increase in pede~tdan traffic to residential development~ immediately acro~= the Park Shore Drive bridge. Utilization of the developed system of bicycle lanes in the area is restricted by the existing bridges. The lack of standard bicycle lanes as provided on the other roadways in the city and the substandard pedestrian walks discourage the use of both bicycle and ~ trips and efxxxJr~ excess vehicular tripa due to safety concerns. The section of Park Shore Ddve from Crayton Road to Gulfshore Boulevard North i$ the only section of road which does not provide bicycle lanes due to We bddge mstrictiort Me.l~ & Am:~lates ~ lO 168 11 figure 7: Residential Development Southeast of Bridge The East side of the bridge is characterized by both condominium and single-family residential development. Commercial development exists along the U.S. 41 con'idor to East of the residential development but is not present in the immediate vicinity of the Park Shore Ddve Bddge on the East side of the bridge. The West side of the bridge is characterized by commercial shopping, restaurants and offices located at the Village shopping center on both the Ncxlhwest and Souttrwest quadrants of the bridge site. Along Gulfshore Boulevard North, one block West ~ the bddge, the major characteristic is beach fro~ and bay h'o~t condominiums and beach Figure 8 Residential Devel~ NmlJmast of Bridge The bridge site at Park Shore Drive is in close proximity to both potential odgirm and destinations for bicycle ag~cl pedestrian trips. This proximity coupled with the knp~ to the bridge to accommodate bicyclists and pedestrians efx:ourages the use of Itm bicycie The reduction in vehicle trips by alternative IranspodatJon has a cr~'ect benefit due to Ihe build-out of the Gulfshore Boulevard North and Crayton Road areas of North Naples and provides for additional capacity for the utilization of the beach areas available to residents of the entire Collier county ama. 2.3 Project Location: 16G The project is located West of Crayton Road on Park Shore Drive over Venetian Bay (Moorings Bay) approximately 1.2 Km West of US 41. This is shown in Figure 1. The project limits for actual construction will be from 6 M West of the bridge to 6 M East of the bridge a total of 61 M. The total project leng~ to incorporate modif'K:ations to striping and lanes to add bicycle larms will be from ~ Boulevard North on the west to Crayton Road on the East, a distance of approximately 0.45 Km. 2.4 Special Characterlsflc~ of the Project: 2.4.1 Pedestrian & Bicycle Facilities: This project utilizes the existing Park Shore Drive bddge (Bridge No. 034101) rather than replacing the bridge. The bridge inspection reports have not placed a load resb'i~on on the bridge due to the revision in the rating method. Some mod'dications to the existing bridge will be required to add the bicycle and pedestrian facilities. The existing bridge will be widened by addition of extensions to the existing pile caps and the addition of two new piles per bent, a total of 10 new piles. The deck will be widermd by adding two prestressed slabs on either side of the existing prestressed slabs and new barriers and handrails constructed to form the pedesflian walks and bicycle lanes. The project will provide for designated bicycle pedestrian walk on either side of the bridge. lanes and for a completely protected 16G 1{{ 2.4.2. Aesthetic Development: The project will be designed with aesthetic Level III architectural enhancements. These enhancements will consist of a balustrade handrail and decorative roadway and pedeslflan lighting to accentuate the overall community appearance in the vicinity of the bridge. The Venetian Bay neighborhood has had development surrounding the bddge site which has emphasized a distinctive architectural motif. This architectural motif would be reinforced and provide a community cohesiveness by addition of the balustrade and lighting consistent with the lighting along Park Shore Drive West of the bridge at the Village. Since the architectural theme that is prevalent is that of a Venetian community, the use of a balustrade on the bridge of the type proposed is consistent not only with the community architectural appearance but with historic bridges built by the Luten Bridge Company in the early 1900's which are listed in the Historic Bridges of Florida, published by the Department of Transportation. Th~ decorative light fixtures would be selected to be consistent with the existing f'~tures on Park Shore Drive as described. The existing f~'ures are also consistent with the type of fixtures used in conjunction with the handrail in the original bridges constructed in the early 1900's. This will lend a sense of community cohesiveness and be consistent with typical Florida designs. The typical sections of the bridge are shown in Figure 9, Bent Elevations. 2.$ Right-of.Way Ownership: 16G 1' Parl~ 8here Orlve Brl~ (~'. No.: I~1101) over ~ The existing right-of-way for Park Shore Drive was dedicated by plat to Collier during the development of the Moorings Bay ama. The ownership of lhe right-of, way was then transferred to the City of Naples when the area was annexed from the county by the City of Naples. The right-of-way for this project exists 30.48 M wide from Gulf'shore Drive on the West to Cmyton Road on the East. In addition, the Venetian Bay (Moorings Bay) water area is owned by the City of Naples through a decision of the Department of Environmental Protection although permits are still required. The Venetian Bay (Moorings Bay) water area is also controlled by the City of Naples through the Moorings Bay Special Taxing District. Figure 10 shows the relationship of the right-of-way for Park Shore Drive, the surrounding parcels and the Venetian Bay area. Figure 10 Is a composite sketch derived from lhe ' official records of the City of Naples as recorded in Collier County. ' ' 16G i. _~!:ItL , 16G 1, Florid. 16G 2.6 Proposed Right-of-Way Acquisitions: No additional right.of-way is anticipated for this project since the existing right-of-way is ~3.48 M Wide and the finished construction will be 16.26 M wide. This will allow 7.11 M. For slopes and construction room. The Venetian Bay (Moorings Bay) will allow the use of sectional barges for heavy equipment to work on the widening of the bridge. 2.7 Existing Phases of Work Underway There are no active project phases underway with the exception of the development of the feasibility of the project has considered the preliminary Project Development and Environmental issues for the determination of the project's PD&E status. 2.8 Other Specific Project Information The project has been examined with respect to the potential category of Project Development and Envircnmental action required. The critical element in the type of action determination is the need for a United States Coast Guard Permit for the project. All other items in the checklist contained in the Florida Department of Transportation's Project Development and Er~'ronment Manual have been satisfied for a Programmatic Categorical Exclusion for this project. · ' 16G lI A bridge project ClUeStiora~ire was prepared for the Seventh Coast Guard District and forwarded for review. Preliminary response has indicated that the mod'Ex:afl(x~ to the bridge am of a nature that a permit would not be required for Ibis project. Therefore, the project is a Type II Categorical Exclusion which is a a project of a minor nature which will not require a public hearing. No Environmental Assessment or Environmental Impact Statement will be required for this project. For further project specif'~s see the appendices for the typical section approval by Dislrict 1, Florida Department of Transportation, USCG Brfdge Project Questionnaire submittal, and Preliminary Bridge Development Report containing structural details and cost estimates. ~ Iqorlda 3.0 Project Implementation InformaUon: 160 3.1 Project Administration: The project is projected in three phases, Engineering and Final Plans Preparation Work, Construction and Construction Engineering and Inspection Activities. Each of these phases is best administered by the Flodda Department of Transportation Staff to insure compliance with the recpJirements of the Federal Funding and the availability of the Department of Transportation staff with the requisite experience in the administration of design and construction under the Federal guidelines. Due to the size of the anticipated project, the development of a staff within the City of Naples to execute the design, construction and construction inspection would not be cost effective. The cost of any participation by the City 'of Naples in the costs of the phases of the project would be placed on deposit with the Florida Department of Transportation and the funds utilized by the Department on behalf of the City of Naples to reimburse those portions of the project for which there is no Federal or State of Florida Participation. This project will require that the City of Naples and the Florida Department of Transportation enter into a Joint Participation Agreement for the design, construction and construction inspection of the project. 3.2 Public and Private Support of the Project: Page N~ 20 16G The project has the support of the City of Naples and the business community surrmmding the project in that the project will enhance the neighborhood appearance that both the private and public sectors of the community have made a concerted effort to establish. This support has been documented with letters of support from the I. utgert Companies, The Village and the Gulf Shore Condominium Association. These letter represent a wide base of suppod in both the business and residential sectors of the immediate area sun'mxlding the bridge site. The letter from the Gulf Shore Condominium Association particularly addresses the perceived need for increased safety and the reduction in congestion. In addition to the aesthetic enhancements that the project will provide, the project will increase the quality of life for the residents and increase the utilization of alternate fom'm of transportation which decreases the congestion and increases the participation in desired activities such as bicycling. 3.3 Proposed Ownership and Maintenance of the Project: The City of Naples presently owns and maintains the Park Shore Drive Bridge and the adjacent roadways. After the completion of the project, the City of Naples will asst,'ne the ownership and maintenance responsibilities. 3.4 Matching Funds: The City of Naples has set aside one hundred sixty-seven thousand dollars in the upcoming City budget as a matching share for the aesthetic enhancements for the projecL 3.5 Other Specific Information: Other Information as to the project concept and technical detail are contained in the Bridge Development Report and the United States Coast Guard Bridge Project Questionnaire lv~ssler & Axsoci~ ~ 21 16G 1~ BRIDGE DEVELOPMENT REPORT for PARK SHORE DRIVE BRIDGE BICYCLE/PEDESTRIAN ENHANCEMENT (BRIDGE NO. 034101) City of Naples Collier County, Florida PREPARED FOR THE CITY OF NAPLES, FLORIDA MAY 5, 1997 FROM EAST OF GULFSHORE DRNE TO WEST OF CRA~/'rON ROAD WPI No.: 1123701 )I~-SSLl~ll & ASSOCIATES CONSULTING ENGINEERS MBA Project No.: 950~,$2 16G Executive Summary TErn REPORT INVESTIGATE,S THE MOST EFFICIENT MEANS OF WIDENING THE PAra( SHORE DRIVE BRIDGE (BR. NO. 034101), THE ADEQUACY OF THE EXISTING STRUCTURE ~S ~NVES~ATED ~ROM A F~EU~ ~NVEST~ON ANO EX~NATION OF THE BIENNIAL INSPECTION REPORTS. THE EXISTING 8'rRUCTURES WERE DETERMINED TO MEET THE SATISFACTORY CRr'FERIA FOR WIDENING TO ADO BICYCLE ,AND ~~J,~ FAClLmES TO THE STRUCTURE. 'rwo WIDENING SCENARIO8 ARE PRESENTED AND ANALYZED FOR DIFFERENTIATION BETINEEN THE LEVEL ! AESTHETIC THE RESULTING RECOMMENDATION OF THE REPORT I$ TO WIDEN THE EXISTING STRUCTURE BY EXTENDING THE FIVE PILE BENT8 AND ADOING TWO ADDITIONAL PRECAST, PRESTRESSED SLAB8 PER SPAN ON EACH SIDE OF THE E."USTING SUPERSTRUCTURE, UPGRADING THE TRAFFIC 'BARRIER AND ADDING HANDRAJL8 TO THE STRUCTURE. CONSUCTING ENGIMEFIS ~ Florldm TABLE OF CONTENTS Executive Summary .................... ;. ..................... .----------I Table of Contents Table of Figures ............................................................................................. Iii APPENDICES ................................................................................................... t.1 Existing Conditions ............................................. , ........................................................................ 1 1.2 Existing Bridge Adequacy .......................................................................................................... 2 t.2.3 Existing Utilities .................................................... 3 ,.2.,., .o~b,. w~., ............................................. ::.::::::::"i ......................................... 3 ~,2.3.2 Wastewater ..................... ' ........................................... 3 ~.~ Umitlng Factors on Structure .................................................................................................. 3 t,3,~ Superstructure Bruiting Depth ....................................................................... 4 ¶,3.1.2 Bridge Waterway Opening ................................ 4 2.0 Structural 8ystem Options ......... 2.t 8ulmr~ructum 2.2 Substructure end Foundation .......................................................................... 2.3 Ship Impact. ................................................. ': ............................................................ 2A Scour. .................................................................. '.' ...................................................... 6 2.4 Aesthetlca ......................................................................................................... 3.0 Comparison of AIt~ 3.1 8election of Designs for Comparison ....... 3.2 Quantities and Cost Comparison ........ .7 --13 -14 '1 · ~FIoHdm 16G TABLE OF RGURES 1. COMPARISON ALTERNATES ............................ 8 2. Level 1, Plan & Elevation ......................................................... 9 3. Level 2, Elevation ............................................................................ 10 4. Level 3, Elevation ................................................................................ 11 5. Level 3, Plan .............................................................................. 12 ~. SUMMARY OF COSTS BY ALTERNATE ...................................... 13 APPENDICES 1. Exm*rem ~ ~ 2. B,x~ lam, Ec'rxm RB,om' 3. Corn' ~'rF.s FO; At.TF.m~TES 4. ALTEm~TE 1 5. At.TBU~T~ 2 A. At.TEm~TE 3 16G 1, 1.1 Exlsting Conditions Pad< Shore Drive crosses Venetian Bay (a part of the Moorings Bay System) approximately 2.7 KM Norffi of Doctor's Pass where the bay meets the Gulf of Mexico. The exi~ng structure was constructed 20 to 30 years ago. The exact date is in queslfo~ in that ltm type of construction appears to indicate that the bridge was re-conslzucted at sometime around ttm early 1970's. Existing 'bridge plans are not available after a search of Itm City of Naples Records and the Collier County records. The current bridge was constructed prior to the City of Naples annexing the Park Shore area of the city and was probably con~ as development occurred in Collier County. The bddge is configured as a prestressed fiat slab superstructure supported on a pile bent substructure. The superstructure consists of four equal spans of 12.19 meters. There are eight superstructure units 1219 millimeters wide and 400 mm (Nominally) thick. There are four units on each side of the centerline with each four unit side post-tensioned by two threaded reinforcing bars and anchors. The four-unit sides are tied together in the canter with a 305 millimeter cast-in-place closure pour. Each of the units is a typical 'Sonovoid' unit typical of the type used in the eady 1970's. These units have a sedes of hollow cores to reduce weight of the units. These units have had historical problems from a stnJctural system standpoint in that there are only two post- tensioning rods in the assembly. Typically the post-tensioning was not effective due to materials and Installation. The rods ware typically a grade 40 reinforcing bar, threaded at the ends and the post-tensioning accomplished by torquing the nuts, usually without the benefit of equipment that would allow for measurement of the actual post-tensioning force in the bar. Typically, these units will begin to move independently and shoe keyway deterioration of the grout. This is present to a mild degree on this structure. The substructure is a typical pile bent supported on seven precast, prestressed piles spaced at 1727 mllflmeters with a cast-in-place concrete caps which are extended past the edge of ltm slab/to partially support two utility lines on the sides of the bridge. The caps are in excellent MglI]~ '1' All°cLItel Page No. I 16G 1t condition. The piles show deterioration in several of the piles. This deterioration is the result of a combination of factors including construction technique, severe salt-water exposure and possible collision damage from small craft or work barges over the years. Remarkably, the worst pile in the structure is severely deteriorated after a patch failed but the cap shows lit'de distress. This is probable due to the foundation condition end the redistribution of stress in the cap. The foundation under the bridge does have a high rock horizon that was discovered during the dredging in Doctor's Pass and in Moorings Bay. This horizon probably contributes to Ihe structures stability even with one pile damaged in the pile group. The bridge provides for vehicular traffic only. Pedestrian accommodation is not present with the exception of a raised wide curb element on each side of the bridge only 848 m~metem wide. The bridge traffic barrier is metal type which does not meet the current design criteria and does not provide for adequate pedestrian or bicycle protection. Bicycle lanes are not designated over the structure and the width would not allow the proper lanes taking into account the curb offsets and minimum widths of vehicular lanes and bicycle lanes. 1.2 Existing Bridge Adequacy The existing bridge has been analyzed in accordance with the current rating criteria during the. biennial inspections of the structure. The superstructure slab units are adequate for all legal loads. The substructure is rated lower with reservations about the one pile on interior bent 2. The reason for the rating is due to the deterioration of several of the piles and the one specific pile. VVhile the rating is currently Iow, the piles may be repaired and made fully functional. This repair must be made in order to widen the bridge and insure the structural integrity of the bridge. 16G The condition of the caps Indicates that the substructure Is sound with the notable exceptions in the bridge inspection reports. The approaches to the ~ are, of necessity, narrowed to the roadway with and the sidewalks terminate into the roadway before the bridge ends. Minor work will be required to widen the approaches for a short distance and tie the sidewalks into a widened bridge. The Approach slabs were not examined as they are under asphalUc concrete paving. The approach slabs will be replaced for the bridge widening as they are not the full width required. 1.2.3 Existing Utilities 1.2.3.1 Potable Water A 300 mm water main is located on the North side of Bridge 034101. This pots=le water erie is owned by the City of Naples utircy Department. Thls water main may not be accommodated by suspending the main under the bf'clge due to ddft clearance limitations. Any relocation of the water line will require that the line be suspended from the side of the bridge or changed to a sub-aqueous crossing. 1.2..3.2 Wastewater One 300 millimeter wasteweter force main is located on the South side of Bridge 034101. This force main Is owned by the City of Naples U~Cy Department. This force main may be not be accommodated under the bridge due to drift clearance. Any relocation will require suspension from the side of the structure or a sub-aqueous crossing. 1.3 Umiting Factors on Structure 16G I ! 1.3.1 Supemtructure Umlflng Depth The stnJcture depth is limited by the required navigation clearance which is equal to the present navigation clearance or approximately 4.8 mater~ above MHW. Drift cieamnce is not an issue since the navigation clearance governs. Since the pmpceed bridge is to be widened no change to the profile grade is anticipated to affect the superstructure depth. The Add'ffton of width to the bddge normally reduces the cieamnce of the bridge by the cross slope of the roadway. This reduction can be avoided in all the scenarios by extending the new slabs horizontally since the new slabs will be principally under the pedestrian walks. The minor portion of the new slabs in the gutter and bicycie lanes will be ovedaid with asphalt and wi0 not present a problem with the roadway cross slope 1.3.1.1 Navigation Clearance The widening of the bridge may be designed to allow the preservation of the current navigation clearance of 4.8 meters above Mean High Water. 1.3.1.2 Bridge Waterway Opening The bridge waterway opening will not be affected by the widening. Since the bridge is located on exclusively tidal waters, the waterway opening is not a concern and the navigaUonal cJearance governs. 1.3.1.3 Typical Section The typical section has been coordinated with District One for the Level I and level II aesthetic bridges and is attached to this report. The level III bridge has also been coordinated with District One and would be approved with the addition of the standard traffic barrier between the travel lanes and the pedestrian walks. Mac,let & Asa3ctat~ Page No. 4 CC3NS~TING ~ ~ RoHdm 16G 1 2.1 Superstructure: The superstructure has two options for widening the bridge. The first option is the addition of precast, prestressed concrete slab units and the second is the construction of a cast-irt-place deck extension. The cast-in-placa option is not feasible by inspection due to the falsework requirements under the deck which would restrict navigation traffic for a period of time that would be unacceptable. The selected system for consideration are limited to prestressed precast fiat slabs. 2.2 Substructure and Foundation: The available substructure systems ere limited to the existing system as this is a widening of the bddge. To widen the existing caps, two additional piles per cap are required with a cast-implaca concrete extension of the cap. The piles will be 655 millimeter square p~es to meet fie requirements of severe exposure. The use of the 655 millimeter piles will allow the repair of the existing 355 millimeter p~es with a minimum 655 millimeter pile jacketing system in accordance with the current practices In District One. 2.3 Ship Impact: The waterway under the bddge is limited to small recreational vessels. The increase in fie size of the piles to 655 mm will provide adequate resistance to impacts from fie light recreational vessels. 16G Perk ~ 13Hv~ Brtd=ge ova* ~ 2*4 Scoun Gcour has not been determined to be a consideration in this design after examination of Ihe histortc bridge Inspection records. 2,4 Aesthetics: l'him bridge ia located at the focel point of shopping, recre~on and residential development of the Perk ~)re ama of ~e City of Naples. The aesthetics of any Improvements ars of great concern to the businesses end owners, resident~ and ~e seasonal population of the C, ity. Therefore, abrtdge Incorporating level III aestheUcs ia desired by the City of Naples and surrounding community. Glnce the theme of the Village shopping center and the Venetian Bay area is that simulating that of Venice, Italy;, an aesthetic development of the brklge Incorporates that theme is desirable. To this end, three options of aesthetics were presented to the City of Naples. ~ Incorporeting · higher level of .esthetics. The level III option was chosen that incofpoml~l I balustrade handrail consisting of balusters shaped like urns which gives t~e bridge I "Venetian' look. Adcr~onally, decorative lighting similar to that on Park Shore Drive at I~e Vlllege would be added to provide general highway ligl~lng end to light the add'~on of lie pedestrian walks to the bddge and Increase the visibil'rb/of the bicyclists after dark. The three aesthetic levels are shown as Figures 2-5. 16G 3.1 8election of D~ign~ for Comparison: Because of the limitations on the struc~re, the widening options deal with the three aeslhetic levels. Level I and II aesthetics are similar with the exception of the ada'Won of lighting details ~ Level II and additional traffic barrier costs for custom formwork and hardware. Level three increases lhe total ama of the widening due to the addition of the balustrade. Since fJle balustrade may be designed to meet AASHTO crtterla as a traffic barrier but has not been crash tasted, thor1 the traffic barrier must be a standard barrier placed adjacent to the bicycJe Janes end balustrade placed to the outside of the bridge with the pedestrian walkway in between the balustrade and the traffic barrier. Thls arrangement in level III aesthetics barriers allows approval of the design without a design variance but provides the desired appearance of the structure. As a result, the three levels of aesthetics ware chosen for analysis in that the analysis would separate the elements of the costs appflcable to the widening and the aesthetic treatments. ~ ? 16G Pmrk ~hor~ Ortv~ I ! LEVEL I LEVEL Il LEVEL Ill COMPARISON ALTERNATES SUPERSTRUCTURE 400 mm X 1325 mm Pre-cast, Prestressed Concrete Flat Slab 400 mm X 1325 mm Pre-cast, Prestressed Concrete Fiat Slab 400 mm X 1525 mm Pre-cast, Prestressed Concrete Flet Slab OVERALL VVIDTH 15.38 M 15.38 M 18.28 M SPANS SUBSTRUCTURFJ (Length) 4 spans Q 12.19 M (48.77 M) 4 spans Q 12.19 M (48.77 M) 4 spans ~ 12.19 M (48.77 ~ FOUNDATION Cast-fn-Place Pile Caps 610 mm Pre~ Comte Piles Cast-in-Place Pile Caps with 610 mm Preslmssed Concrete Piles Cast-in-Place Pile Caps with 610 mm Presfl-essed Concrete Piles Prolect Tlt~: APPUCATION FOR TRANSPORTATION ENHANCEMENT PROJECTS Addres~ Phofl~ priority (ral~dve to o~ef applications submitted by ~e project Sponsor). Name of Applcant Cfi c~e~ l~an Project Sponsor):. ~ 16G 1. Qualifying Enhenc~meflt Activities Che¢i<ffil enhancement ICtNity which ~e proposed proj~-t will addre~. {NOTE: Checking all ~ctivit~l possible do~ not or increese eliglbilW/. Each acttvW/checked must meet Ill criteria listed for that activity in Appendix A of FDOT Procedure #S2S-030-300). [] ptovisk)n of lzc~es for pedestfinns and bicycles. [] Acquisi~on o! scenic e~semenlz and scenic or his~c [] Scenic or l~isto~c highway progrims. [] Landscaping nad o1~ef scenic beaul~ltcs~n. gnhnl~n lad opetltion of histoflc ~,a .l?lport~Jon ._bq~ln, gl. sG-uct:utls prese~lion of abandoned .r~.___c?rfldors C~duc~ng l~e conve~ion and use [] ~ereof for pedes'G~n o~ l:icyde tz~s). ~ Conlzol nnd removll of outdoor ndv~g. [] Arch~ ~nning .nd [] I~tg.~on of w~t~ pc4uton due to hlgt~w~y runoff. 2. Project Description: Use ndc~lonsi sheets as neceuery to rm~nd ~ ~e fo~n~ (a) ~ ~ of ~ ~ bdng ~? (ch~k 8~ ~ mp~) ~ ~oflfliflg ~. ~ Proje~ Dw~opment ~d EMonme~ S~. ~ En~needng ind Kind ~ Preplm~on ~ Right of WW ~n. ~ Con~on. ~ Consign ~g ind Ins~on ~ (b) Describe how the proposed project is related to the ifltermodal b'eneporta'~on system by elt/~e~ fundon. Jmpe~ (One or more m~ apl:~. SEE ATTACHED PROJECT REPORT (c) Where is the project located (and what are the termini, ir appropriate)? Include location map. SEE ATTACHE]) PROJECT REPORT (d) Summarize am/species charactefis'~cs of Woject. SEE ATTACHED PROJECT REPORT (e) Descn'be the project'.$ e~f.'i~g fight of way ownerships. Th~ desCrll=tion shd identrfy when the ac.'tuited and how ownership is documented (i.e. plats, (:leeds, pre~::dj~on$, car*Oiled euw .'.."/s). SEE ATTACHE]) PROJECT P, EPORT Describe Shy propc~ed fight of way scqulsition, inc~udin9 ex~e~ed matc.hing ~und source, lim~a:ons oa fufld availal:,T~y, and who w~ acquire and retain ownership of proposed fight of way. NOT AI~[~L:[CABLE (g) Describe any related project work phases that are already complete or currenb'y under,6-.dy. SEE ATTACHE]) PROJECT RET~ORT (h) OtAlr SpeCifiC project iflforma~on that should be considered. SEE ATTACHE]) PROJECT R.E~ORT 3. Project Implementation Information: Attach document~ofl as exhibits to t~i~ form. (c) (cO (e) Describe the proposed method of performing (i.e. conlzact or in-house) arid admlniste~g (i.e. local or state) phase of the project. If it is proposed that the project be edmi~datered by a governmental enl./other tt~fl the Dlplrtmlnt of Transporta~ofl, document that ~ entity has the Mc:d, menag, erlal, environmental end capables to manage the wo~ phase of the project consistent with fede~l requirements. SEE ATTACHE]) PROJECT REL~ORT Describe am/I:..fl:~c (end I:X%1te, I1' applicable) support of the proposed project. (Examples include: wdttert endorsement, formal declaration, resolution, flnenciM donations or other appropfiate means). SEE ATTACHED PROTECT I~E~ORT Descfibe the proposed ovmership and maintenance responm'b~es for the project when it is competed. SEE ATTACHE]) PROJECT RKPORT Describe source of matching funde and am/reslzJctiort~ off Ivaial~ty. SEE ATTACH]'3:) PROJECT REPORT SEE ATTACHED I)ROJECT RJ~ORT Wh~ is t~e ~Ji esCroWed co~ of ~e w~c requested to bi/unded ~ ~n enhencement p~ect t~rough th~s Ip1~3~Son? 16S 1 $ NONE F~lnning Ac'dv~es. Project DevMopme~t end Environmental Studies. $ NONE En~nee~g end ~nM R~ht ~W~ ~n. S NO~ Co~n. $ ~0.00 Conm~on En~e~ng Ind I~n ~. ~e~. (D~) TOT~ HowMI ~e project be funded? Federal $ 82,500.00 + FOOT S -0- · Total S 82,500. O0 Federal 1 O0 % · FOOT -0- % - I O0 % CERTIFICATION OF PROJECT SPONSOR I hereby cer'~ty ~h~t the proposed enhancement project her~n d~ b su~ ~ (m~ ~, ~e. f~ agent. ~ ~ ~ and ~ ~d en~ ~ (1) ~e ~e r~ ~n~g m~: ~ en~ ~ · m~nce ~me~ ~ ~e ~ D~ ~ Trmns~on: (3) com~ ~ ~e F~ U~o~ R~n ~nce ~d ~n P~ A~ for ~ ~ht ~ WW ~ r~r~ for ~e proj~: and (4) sup~ o~er =~ons flecmmw ~ ~ ~em ~e ~o~ proj~ I ~ c~ ~ ~e ~m~ cm ~d~ h~ Ire rl~nm~e and unde~nd ~ ~ ~e~ M ~e ~,co~d ~e ~e ~]~ ~ be removed from ~e FIo~d~ C)epm~ent M Tmnspor~lon work D tchar L. Woo Name (plemle type or print) Ctty Manager 16G 1 CITY OF NAPLES DEVELOPMENT SERVICES DEPARTMENT FLEISCHMANN BOULEVARD REPORT BICYCLE AND PEDESTRIAN ENHANCEMENT MAY 1997 FDOT APPLICATION FOR TRANSPORTATION ENHANCEMENT: Project Description: In considering future transportation projects with the City of Naples, the Fleischmann Boulevard Project is planned to create an improved road corridor consisting ufa four-lane urban road cross section with the outside lanes functioning to provide for turning movements into Fleischmann Park and Coastland Mall. The Project is planned to provide for improved road drainage, landscaping, street lighting, sidewalks and bike lanes. Currently, funding does not allow for the incorporation of bike lanes within an urban section nor a separate elevated sidewalk; these two elements of the Project could best be incorporated into the improvements as outlined by the attached road cross section. As currently planned, the City of Naples will perform the following Project Phases: P.D.&E, Engineering Plans, Right-of-Way Acquisition, Construction Engineering-Inspection and Construction with the notation that funding of construction of bike lanes and the sidewalk are requested through Federal/State Funding. Additional Project Description information consistent with FDOT Application Process is as follows: a) Enhancement Project Phase for funding is the construction phase; planning and design phases are programmed by the City subject to Program Development and Federal-State Funding. b) Function of the requested Construction Phase is Bicycle/Pedestrian Facilities per the attached road cross section. c) Project location in within the Fleischmann Boulevard corridor between U.S.41 and Goodlette/Frank Road (Segment Distance is approximately 2450 feet). d) Special characteristics are outlined on the attached cross section and 16G 1 consist of drainage improvements, landscaping and a separated sidewalk for access to both the City Park, Lake Park School and adjacent developed lands. e) Existing R/W is either owned by or under the control of the City of Naples. 0 No R/W acquisition is considered necessary for the Project. g) Related work activities involve improvements to Fleischmann Park and utility lines for the adjacent City Water Treatment Plant. h) Any additional site specific information which may become necessary as part of this Enhancement Application shall be provided by the City of Naples. Project a) Implementation: Applicable information is as follows: The Fleischmann Boulevard Project shall be administered by the City of Naples with each Phase being subject of fiscal, managerial, environmental and engineering management consistent with applicable City, State and Federal requirements. b) Public support of the Project by the City of Naples is outlined on the Project Cost Section of the Funding Application; the majority of Project Cost is being borne by the City of Naples. Only the addition of the bike lanes and south side sidewalk are included for requested State/Federal funding. The majority of the projected users of the bike lanes and the sidewalk have Fleischmann Park and adjacent developed lands as their destination; such users represent both City and County residents. c) The City of Naples, as owner, shall be responsible to operate and maintain all roadway improvements at conclusion of the Project. Operation and maintenance of the bike lanes and the sidewalk shall be in accordance with standards set forth in the FDOT Manual of Uniform Minimum Standards For Design, Construction and Maintenance For Streets and Highways. d) Matching funds for the Bike Lanes and Sidewalks are not being requested in consideration that Design and CEI are being provided by the City of Naples as 'Local Participation'. e) All remaining implementation requirements are being provided by the City of Naples. 166 1 ~ Acj~ /:tam 21-b Xeet:Lng of P. ZSOL172*201i' ~7-7991 FROVZDI'XO AX EI'~ZCTZVB DAT~. WH~7~S, the rlo=~da Depa~nt of Trane~a~on ~n ~rren~l~ acc~g a~lLca~one for c~un~t~ enhanc~n2 proJec2~ and ~, tho Fle~lc~nn B~levard B~clo/Pedoltr~an enhanc~n~e have f~nd to ~ an ~doal ca~da~e for theee fu~ and ~, the funding r~eeC for the Fle~lc~nn B~leva~d enhancmn2s the ~unt of $82,S00.00; and a~lLcat ~on ~or ~he Flo~ec~nn Boulevard enhancmnt SectA~ 1. Tha~ ~he C~y ~aflage~ be authorized to exe~te an a~l~caC~ofl, a co~ off vhich ~e attached hereto, flor Fle~sc~ann B~l~a~d B~cle/Pe~el~rAan enhanc~enCe. Section 2. ThAe reeolu~ion eha~l ~ake e~e~ ~ately u~n ~RXDk, ~XS 4~ DAY OF ~, 1997. //,' Approved ae to form and legal£tyz 1997 16G 1 Metropolitan Phnning Orl~ization ),.Lin: Ms Amy Taylor 2800 North Horseshoe Drive Naples, Florida 34104 OFFICE OF THE CITY MANAGER Subject: IS'lEA Enhancemem Funding Application-Fleischmann Boulevard Bicycle/Pedestrian Enhancement Project Dear Ms. Taylor: This is a follow-up to your recent letter regarding the ISTEA Enhancement Funding Application for the Fleischmarm Boulevard Bicycle/Pedestrian Enhancement Project. The City of Naples ha~ identified an unfunded pedestrian and bicycle project on Fleischmann Boulevard to serve the remodeled Fleischmann Park and the remodeled Lake Park Elementary School. Since the Project represents an enhancement activity in accordance with the Intermodal Surface Transportation Act, the Naples City Council has approved the submittal of a FDOT Application For Transportation Enhancement Projects. Accordingly, please find enclosed three Applications with an attached Report, City Council Authorization Resolutions, and attached copies of this letter. In reviewing the FDOT Procedure and Eligibility Criteria, it appears that the Fleischmann Boulevard Bicycle/Pedestrian Enhancement Project is in conformance with the State and Federal policies and, if selected, the City of Naples would be willing to continue efforts to perform preliminary engineering along with final design and permitting as 'Local Participation' subject to availability of Federal and State funding. As a final note, the existing fight-of-way of Fieischmann Boulevard is dedicated, operated, and maintained by the City of Naples and there is sufficient right-of-way to allow the installation of bike lanes and a sidewalk on the south side of the roadway. Upon review of the enclosures, should any additional information be necessary fi.om this office please do not hesitate to contact Richard Gatti, P. E., Development Services Director, or George Archibald, P.E. at (941) 433-4655. Thank you. xc: Richard A. C-etd, Development Services Director F~(O41)~ ~(S41)4,.~4-.4~10 St,ff'dCI:IMO74-.4610 ?'J$ E]GFrrH ~rREET. ~OUTH · NAP~E~, Fl. ORIOA$4102.~Tg~ EXECUTIVE SUMMARY Pr4oriflzaflon of Umfunded Priorities for Surface TFansportltiom PFoErum (STP) gundiq ~ ~ wi~ a jx4orM2ed unfunded pro~*u listing The FDOT ~cn prosrmns as many ptojects, polak w~hin ~ FIX~T Five Y~ar Work Pmlalm. Tbn attach~ "Unfunded Pr4orJ~ Matrix" includea all the unfunded tl'anspoflaJon rels2d Ix~n~:u to be coF, sJdend f~ fundins. The pmhw~ pmjem sad their 1996 rankins ar~ found as number~ 4, 5, 6, 7, S, 16, 17.20,21 and a new project added to the end oflhe list by the CAC/TAC called Rural Safety Refuges. Stiff Recommeudaflous: Fo~ the PAC to jx4otRJ2~ bicycle and pedestrbfl facil~es proJe~s and provMe surf whh r~commendatJon to the MPO. rACA~m] Ju~ It, 1~y7/ · SEI~T BY:C,~ HOUSUtQ AUTHORITY ; 7743802;~ 2 ~,.,, ~L~,G ~' e AI~ dlmAm~ 20, lgg7 ldhme. C, Fulum ~ ~ B~ Cy~e~ Brain - Cllrl~ Tram & Fred ~ D. Rqxxt m Di~s ~ for drmlglng. ~ ~ & ~ ~ Misc. CorTeS: Date: ~ an~e~ ofthefr in-I~! ~ Oane & Fkh - $13,13~ 16{2 16G 1 8EKr BY:CG HOU$IN~] AUTHORITY ; 5- ?-~? ; 1:55PM ; CCI. lA** ~ TRAI~OI~) I~STOI~T/ON TASK FORCE ]KEE~ Fri~ay~ April 18,1997, g&l ??~ g222;W 2 5. Audubon 6. USOS. j The Lake Trafford Restoration Task Force Special can Meetinz Wednesday, March 26,1997, 8:30 AM Fred N. Thomas, .Ir., Clarence Tears C, ail Cn'bson Anr~e Olesky Ski Olesky Oene Heam Uene Bamett We are ranked #I$ on the list. The main ta~k we have now is ident~j~ng matching fund sources. The workins group is meetin~ asain Apr~ 2-3 in lensen Beach, FL. f u i n on trat r ccu uhtin ate n nt nds: Group identified possible sources of funding: Game & Fish Commission (direct or small grants) Big Cypress Basin - Clarence Tears indicated that because Lake Trafford ',vas the head waters of the CREW and the Fakal~¢hee, which are si~ part of' the Big C~ Basin, that ~ Bo=d mi~t be couvinced to take on Lake Trafford as a restoration project. ~ if they are a grantee of'matching fund~. Collier & Turner and the Archilma{d Fouudation were other sources of'potential funding. lVfiti8ation Bnnk concept was discussed. Fred Thomas will check with couuty plauui~ staff to see ii'there is an,/major projects that a~ bein8 planned. Ilene will check with Lee Count~ staff: DEP - nothing firs year. Need to fiud out how to apply and the criteria to get fuuded under some ofthdr gra~ Another option on raising funds is to have an insert in a roaring that the tax colk~"tor's office sends out. Item to be brought to the 18 April meeting. lvi~iag adjourn. 16G 1 THE LAKE TRAFFORD RESTORATION TASK FORCE M]~'TI~G Fridty, February 14, 1997, 8:30 AM Frank Mordlo Son Islebart Motion made by Annie Oksky end seconded b~ Ion Iglchart to accept December 13. Members voted unanimously to accept the minutes. the minutes from ~- Tb~ ~ :3 sets of data that are not back in yet, but Iooh the rant a~ the rest oftl~ data. willing to provide assistance, ~ us technical expertise and sell us equyment, but they do not Rick Powers of BCI is lookin~ at the price ofthe dredge head. If ii is worthy, they will see i/'they could possibly get it. · ' - Out of 200 applications, about 34 met ail of the criteria. Out of thc initial ranking we were 22 of 34 and after the prcsentation we dropped 2 points. The Task Force discussed strategies in getting the word out for support of Lake Trafford. The next time the workin~ committee would meet is March 5th-6th and there will be opportuni~ for public comment on the The dredge application was di.scussed. An original copy needs to get to Craft Gibson in order to get fnal approval to submit ic Oame & Fish: Lake Restoration - once committed money must be spent. .hnz 30. lrLscal yem' iq .luly I - V ~. ..... ~'n ptu m pinta. ~beY wui wo~ on startia~ a 3 year oha to id~nt/~ t~,~_ on the charges for boat r~m ~ ~--, '- -- -;---'-"~'"' ""' c/zck with Guy Carlton ~~°fpr/vate~~~~~Federation~DuclaU~ u~y ~-omm~oners ofapprovi~ a $ year committee. J'on Iglehart made a motion and seconded by Frank MoreIlo ~ memb~ be spprov~ for 2 year terms. · ~NT BY:C(; HOUBING AUTHORITY ; 2-'/-g? ; 2:10PM ; CCHA-, e41 ?74 ~222;~ 2 H.m, Pm P,'olm~n, Ua. m a r~ular ~. ¢~1 ~1 tolo~"~ ~n'~ a IMIw m ~ t~sts ~m~ ~ ns~! gERT BY:CC HOU$INO AUTHORITY ; 2- ?-$I ; 2:10P# ; CCHA~ g41 174 g222=~ 3 16G 1' In'----'--'- '- '- ........ ,rar, K Mom~ m~d (3ail 61t~n needed to d come k:~ on ins arx:f try to 0M Further, a cmferenm c&q w~ scheduled 1o Include all parties Involved for Friday, I:)member 27, at 9 - ' ~NTBY:GG HOUSING )~THORITY ; 2- ?-e? ; 2:11PN ; CCH,I,-, 941 ??4 e222;M 4 16G ~l~mm~~. ! I ~ BY:J~ HOUSZNO AUTHORITY ;12-12"46 ;11:50AN ; CCHA*'* g41 ?'/4 0222;8 3 16G i ! ~ BENT BY:CC HOUSING AUTHORI1 ?~8 ;11=51/ , CCHA~ 841 ?74 8222;I 4 Gubmlttal of appropriate eppiicatloo for environmental reeourcea pen-~it b dredge fake wtlh akeletal No reslx)nse from USGS yet. It wa~ noted ~at local ~ need k) be brought into t,m loop in g)e near future and lha~ ~ might be Inlllated wl~ Ihe bdian lrl3e. r ,,, ~,-,~,, v, .a=~ ro~e. ~ncl wlre made by Tom Eosegger Io inlere~ted Task Force membe~ to v~elt Ihe Banana Lake Reebratlon lite off 30 October. ~ k) A-m°tl°nwasmacleand~°x~dl°adJ°um_m~e._tlr~. Unanimou~v~approvedmogon. Mee(~wae adjourned. Next meeting date set for 8:30 AM, Friday 13 December, 1996 at usuallocallon. 1 Carbon, NaOonal Audubon ,,-don Iglehart, DIP ,-F~k Uore~, FGr"~C Fan Detain, FGFWFC ,--lc,,,,,.,, u~ ri;ur'd/pn:x:ess, r~rtoq~. Mud(wt~ ~'1 m~1111~ ~ht away, it approved the lake as a management area ~ were able lo move this along. The water quarry lests are standard, does not lest for posticides or heavy metals, it is just routine. e are h' - Betlye ~ reporl~ that she had checked and ~ revenues are going into ~ County's general fund. S~e d'd not invesltgate further. 8hewillcheckw~dknU'~onwhatlheexactf~ebscon. T~meb~ roac Jan e M n re - Immediately following fie meeting, Mr. Thomas found out that the Nrport Authority is preparing a video and slick brochure 1o send to all potential te:~ants to the indusfflal park. Once that is completed, the Japanese firm that produces the dewatering dredge heed will be high on the Est Io receive the package. The reason for this thrust is that by aftrac6ng wi~ our Foreige Trade Zone and our Enterprise Zone, an assamb/y plant from this Japanese manufacturer, we can provide the added inducement at the lake fro' a demonsfration site, which will get us dredging at minimal cosL ert on An Results of uck m r . Jon iglehart reported that he turned in the report, that he received from Tom Rosagger, to the Monitoring Staff and they have selected six sites that they will get samples from and Ihe lab in Tallahassee will tesL The crew will begin next waek and the samples wfll be for peslicides and heavy metals. There will be six sites and nine samples. A value was pl~::ed on this contribution and the map of $'/7,000. Tom Rosegger will be providing some equipment to FAS for testing todey for nutrients within the muck. IFAS will be looking at nutrient value of muck to ci~s. Mr. Thomas personally thanked Frank, Jon, Tom & Ken for the work they have done in ge~ng these contributions. This will back us up when we go to the County for money and we can show them that we have already received this kind of money. Other Old Business- The members discussed the forming of a plan, which is necessary to this commiltee for the understanding olr knowing why we are doing this, in essence, this document makes the case. A sample ou~ine that was prepared by Tom Rosegger, was handed ouL This was ava~able at the end of the May meeting, but because of lime, the plan was forgotten and not menlioned. This plan is basically the same as the one Gar'Ih Redfield mentioned. In order to have a complete plan, it needs input from all Task Force Members, either written reports, editorial comments, etc. , / I t'1 ~, :~,.. ',,i,' ' //~lte. r some discussion on naming a leed agency to heed Itm plan and establishing that To~n~er' ~o '~ / nao already developed a rough draft of the plan, who also warked for the FGFWFC, and assisted Frank's) ~..,,.,.~, that the FGFWFC be that agency. Mr. Thomas asked that this be in the form of a motion. ~' Mo6on was made by Ski Olesky and seconded by Elettye Matthewa that the Florida Game & Fresh Water Fish Commission serve as the lead agency (clearing house) for the plan which is to be circulated for discussion before it is submitted for approval. A vote was taken and passed unanimously. Tom Rosegger wanted to point out that he does work for FGFWFC, and assists Frank's office, but he does not speak for them. He will also gladly take the leed in preparing ltm plan for restoration of the lake. Mee~ wa~ adjoinS. The next m~ing wll be Octobe' 18, lg96 at 8.'00 a.m. in t~ ofrms of Coaer County Houslng Aulhorlty, 1800 Farm Woe, er Way, ~, Flodda. &'ENT i~Y:~CPT ; 8-13-96 ;10:02AN ; ~ 805 CI..ZN PH & ~ g41 "/?4 g222;I 2 16G Lake Tndlo~ a Iq. Oame &Fmeh Walm' Fkh Comml.~ (~3FW~ i=kh ~ke& Chakmm ; 1-13-fl ;10:02MI ; All $05 CLTN PH & TH'* 1 ~ m tm .~..n~ m~ ~ t~ ho nd~ zm~ m ~ relaxeR, umi~ L~ ~ mm m 14Hdng m ~ The n~xl. rr~N(Ir~a wi be Augud lQ, 1006 d 8:C)C) tm. b ~ cdlS:~ ol CoBer County ~ ~, 18(X) Fm'm Worker W~Y, ~, F~ MINUTES Ga~ Red~e~, SFWl~, Wa~r P,e~mm~ ~ ? Fred N. 31xxnm, Jr., Immclmlee (3mnt~" Beltye MafJlews, Co~ier ~ ~ e , r ,, $ , ,~ Misc. Corres: Date: Item# Copies To: 16G 11 Guests: Essie Sen~, CCI'IA Hancock ~ Con~tant t ne_~-------- 8err.~ Call ~ O~~u~: O~lzatlon Activities: Frank Morello made a molion to hold Ihe Task Fcxce meeltngs every other rmnlh. JacY~ ~ ~ ~e mollon. A vote was taken and passed unanimously. Ann Olesky made a mof~ t'mt I~ meetings be held atbm ofra:es of Coaer County Housing Aulho~, 1800 Farm Worker Way, Mamkabe. Beltye Mathews secaxled Ihe morion. A vo~e was taken and passed 1 6G-'l Bettye IVlaemws made e modon tat every Task Force Member recommend an alternate person Io Ann ~ made a molbn Io pelltlon tm County lo put Lake Traff~ un~ the rmh manaoement ama under em Fk~tda Cane & Fresh Water F'ah Commisskm (FGFWFC). Be~ M,~hews secax~ tm Bettye Mab'Tews made a mo'don that along with petitioning the County for the Lake b go under the fish management area that we ask the County to create a pmmanent advisory committee k) them concerting Lake Trafford, consislJng of 50% membeihip being from Co~ier County. Seconded by Frank Ua'elo. A Ed Carlson made a molion that ~e Lake Trafford Restoration Task Force shall seek lo serve as the unanimously. Detail the Pmbfem: There was discussion ~ t~e problem and Ihe kinds of things lhat needed lo be done in order to get a mom complete picture of Ihe problem. ~/'"~"/ FGFWFC has ,.some fu.~. s ~ is derived from fishing licenses fees charged..~; am used lo restore makes, m~ was esUmaled that it woumd take at least 0 Io 7 m~llk)n dollars lo do ~bic yards of muck. Lake Resloralk)n also has rome money. The Courtly, City, OEP, Coq)s of Engineers are other posml:4e Corer County Pdlu~ Con~ Oept. wa idantirmd as having data on water quare/~mseng. Any Information available on tests, surveys, etc. done on the lake needs lo be gathered together tc help in detemining the ~Jtuatk)n. Potential Solutions: I~ system and next recycles. ~ is !~ tirst In Rorida to have this system but they ha~ t, mm all emything, forming a plan. FGFWFCcanconfftxm~l~. Iflhelalm beetxnn aflsh ~ama, FGFWFC Stall can be cont]ibu~ to ~'m efforL Frank ~ MI p'ep;~ a le~ m whet FGFWFC will do (pros & co~s). Lake Watch Program. Ga~ Redfteld will get data on some water quality sunmys lhat were done. It was e~tablished IMt FGFWFC w~l serve a~ the plan dearieS. They will start m fie plan and as we eonlinue to reeve fonmd, Ihings will be added to IM ptafl. Ad]oumment~ext Meeting: Meeting adjourned at 10:.45 an. The next meellng wa[ be ./un. 28,1996 at 8.'00 a.m. in Ihe o .l~es of Ihe Coaler County Housing Authority, 1800 Farm Worker Way, Immokalee, FL ?...~0-1~27 9, lOAM DATg: JUly 1S, 199'; TX~: 9:00 A.M. P.! 16G RECEIVED ]. t JUL - 9 i997 Boar~ ' ;~'' - AHY PER~ON WHO DY, CZDr. S TO APPEAL A DKCXSXOff OF THIS BOARD hEED A RECORD OF THf ~YMOS PE~TAI#XNG THERFI~, AND THKRKFOI~ NAY NEKD TO ENfURB TJO~T A VERBATIM RgCORD OF THg FRC~XNG9 IS MADE, I~,(1C31 /tSC:OtO ll~ TJ~AT TESTIPJOffY AND EVli~ UPC)Jl TI.m API~AI, IS TO BB BASED. l. POLL IX. ADDXTXO~$ OR DEleTIOnS: IIX. APPROVAL OP AP PROV~Jd OF DATE~ Ju.,~e 1~, 1997 V. ~ BUSXNESS: 1) Gregoz~, Roughg&rden * F~esC Co ~alLf~ 2~ enCZCy. VI, OLO BUSXIIES$: VIZ. IKIGI, X¢ HEARZ]IG8: l) CLB I~?-OOS Collier County vs. #&yl~e Scmm~horn DBA Gulf A~lam:ic G4fl. ConcF, Inc. VlXl, REPORTS~ IX. DIS~SSXOff~ X. NEXT IqL*K'I*X~qG DATE: Auc~ISC 20, 1997 Z Mi~ Cot;es: Norris ~ HanCOCk Date: Co~stant 1fie_ mc'ri. --~ Item* 8err.l ~ Copies To: ~une 25, 1997 16G 1 I TRANSCRIPT OFTHEMEETINGOFTHE COLLIER COUNTYCONTRACTORS' LICENSING BOARD Naples, Florida, June 25, 1997 LET IT BE REHEMBERED, that the Collier County Contractors' Licensing Board in and for the County of Collier, having conducted business herein, met on ~his date at 2:20 p.m. in REGULAR SESSION in Conference Room 'E' of the Commun'~ty Development & Environmental Services Building, 2800 North Horseshoe Drive, Naples, Florida, with ~he following members present: ~SO PRESENT: CHAIRNAN: GARY HAYES HUMBERT GRESSANI ARTHUR SCHOENFUSS RICHARD JOSLIN, JR. MICHAEL PEDONE ROBERT MEISTER Paul Balzano, Licensing Investigator Edward Pertco, Building Review& Permit Director Thomas Bartoe, License Compliance Officer Jim Schultz, Licensing Investigator Thomas Palmer, Assistant County Attorney Pat Neale, Esquire Page I DATE~ June 25, 1997 TIME: 2:00 P.M. Community Developmen= & EnvironmenCa! Services Building 2800 N. Horseshoe Drive Naples, FL 34104 Conference Room 'E" ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NE~D A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. II. III · IV. Ve VII. VIII. IX. X. ROLL CALL ADDITIONS OR DELETIONS: APPROVAL OF AGENDA: APPROVAL OF MINUTES= DATE= NONE NEW BUSINESS= OLD BUSINESS= 1. Workshop regarding am~ndmen=s to =he Con=factor's Licensing Ordinance.' PUBLIC HEARINGS: NONE REPORTS: DISCUSSION: NEXT MEETING DATE: July 16, 1997 June 25, 1997 CHAIRMAN HAYES.' In lieu of roll call, the names of the present were accounted for. COURT REPORTER: Yes. CHAIRMAN HAYES: Very well. Basically, what we're trying to do is ~ust review the final draft. Tom, as far as, my only question -- have you reviewed this? MR. PALMER: Yeah. In fact, I wordsmithed this draft. CHAIRM~N HAYES: Okay. One of my questions, and if Neale was hera, I'd mention it to him as well. When Neale first presented this ordinance -- MR. PEDONE: He's on his way in now. CHAIRMAN HAYES: He is? MR. PEDONE: Yeah. CHAIRMAN HAYES: Okay. When he first presented this ordinance to us, there were some things that we all didn't agree with and I was lust hoping that as the workshops progressed, we struck a few of it and changed some of it and I ~ust wondered if it got back in here. MR. PALM~R: I think everything's in here. If it's not, I fix it up, whatever you decid.. 'f ,ould not d load his disk, had to work with Tom Bartoe on this to get it the way we want it, and he wordsmithed it. He found a couple of things that I tied up and, as far as I know, this is what you want, but if not, we'll modify it. (Mr. Meister walked in the room.) MR. MEISTER: Sorry I'm late. MR. SCHULTZ: You're forgiven. CHAIRMAN HAYES: The only -- =he first change is on Page 3 -- I'm sorry, Page 4 and it looks .to me like section 1.4.3, the words, or designee, was added. ' "(Mr. Neale walked in the room.) HR. SCHOENFUSS: Should we go back with any other corrections we found? CHAIRMAN HAYES: Yeah. Anything that we have run into already or that we're aware of that should have been in here and isn't in here, we need to make sure we know. MR. SCHOENFUSS: Well, very, very minor point, but 1.3.1, owners of property, when acting as their own contractor, should be plural, their own contractors. MR. PALMER: All right. Well, we're going into things that aren't in the existing ordinance and have probably been in there for years. MR. SCHOENFUSS: Okay. Well l. it says owner, so I Just wondered, a small point. CHAIRMAN HAYES: Okay. The next section is 1.4.7. (Mr. Perico walke~ in the room.) CHAIRMAN HAYES: The underlined are the additions. Strike throughs are the deletions~ is that correct? MR. PALMER: Uh-huh. CHAIRMAN HAYES: Was there anything -- was there a 1.4.9 prior to this amendment? MR. PALMER: No. This implies to me t~at 7, 8 and 9 are new. Page 2 16G 1 June 25, 1997 Ma. NEALE: These were, these are new. We've had these in here since last year when we did the first revision back then? CHAIRMAN HAYES: That's what I was trying to get to. MR. NEALE: No. Those were put in there back in November, I think. Ma. JOSLIN: There's no penalty in 1.4.7 for being delinquent? It Just tells you you're delinquent. Ma. BALZANO: Not if they do it before Decembe~ 31st. Ma. PEDONE: They get a grace period. MR. JOSLIN: Okay. KR. SCHOENFUSS: Do I understand we don't want to correct any inconsistencies that were in the existing ordinance that's been there for years? MR. PALMER: No. We can do that if you th~nk it's necessary. HR. SCHOENFUSS: Because I found one such point a little later on. (Mr. Bartoe walked in the room.) CHAIRMAN HAYES: Everybody s.%tisfied with 1.4.97 Some of us may be reading some of these sections for the first time. I don't think we're going to have the time to read through the entire thing at this point. This should be just the final review. HR. NEALE: There was a proposed change that dichn'= make it into the one that you've got in front of you but was suggested by the board at the last meeting is in 1.6.2.6. There was a suggestion made which I ~rafted some language for it which added the language, after duct alterations, installing similar parts or similar entire air conditioning, heating or refrigeration systems, and then following on as it is, that was based on the person that testified at the last meeting that was looking for some relief based on -- HR. MEISTER: Educational. HR. NEALE: -- education and they felt that they had the competence to be able to do that, so. CHAIRMAN HAYES: Okay. I'm sorry. Class C license says that we can service of air conditioning, heating, refrigerating systems including duct alterations in connection with those systems he or she is servicing, and what was the amendment that you're saying? HR. NEALE: The addition is installing similar parts or similar entire air conditioning, heating or refrigeration systems, and where that came from was the suggestion that it's not actually creating a new system. I think the board made the point that if someone goes out on a job that°s got a Class C license and discovers that the compressor's blown, the way the ordinance is currently written that it potentially could keep them from replacing the compressor. Whereas, the modified language would allow them to do so. CHAIRMAN HAYES: Okay. The idea was that if their system is shot and you're out on a service call, that with a Class C license, the question is can you install them with a new system and the answer at that time was, no, that we had had some people that had been in -- gotten themselves in trouble by doing so with it and so your wording that you're talking about would avoid that. Page 3 June 25, 1997 MR. NEALE: Would allow them, the specific changes would allow them to install similar parts or similar entire air conditioning, heating or refrigeration systems. CHAIRMAN HAYES: I'll go with that. That works. MR. HEISTER: Because they could get there and they could say the system is shot and then say, well, let's redesign the whole thing, then I think he's got to put up his hands and say you've got to call. CHAIRMAN HAYES: That works for me. MR. JOSLIN: Right. MR. GRESSANI: I'd like to go back and ask a question on 1.6.2 where it states, a contractor shall subcontract the electrical, mechanical, plumbing, roofing, sheet metal, sw~mmingpool. I question swimming pool. Are we saying that a contractor.can'= construct a swimming pool? MR. BALZANO: General contractor can. MR. GRESSANI: A general contractor can. A building contractor can't~ is that what we're saying? MR. NEALE: If you look imm~iately above, the lines immediately above say, the general contractor shall not be required =o subcontract structural swinvaingpool work. MR. GRESSANI: Oh, yeah, all right. MR. BARTOE: So are we going to leave 1.6.2.6 just the way it is that the consensus? MR. NEALE: Well, to add the new language. MR. BALZANO: What's the new language? What was the new language? CHAIRMAN HAYES: Would you repeat that? MR. NEALE: Is somebody not paying attention? '-MR. BALZANO: Well, I don't think it fits is why I want to hear it again. MR. NEALE: The new language says, after including duc= alterations, the business is limited to =he servicing of air conditioning, heating or refrigeration systems, including duc= alterations, insta11£ng similar parts or similar entire air conditioning, heating or refrigeration systems. MR. BALZANO: No. The entire system, you're going to let him do? Then he's circumventing the guy that has the license to do everything. CHAIRMAN HAYES: How about if we use the word re~nstalling? MR. MEISTER: Replace. MR. SCHULTZ: Replacement, replacement. MR. JOSLIN: Repair or replacement of existing. CHAIRMAN HAYES: Replacing like equipment. MR. NEALE: Installing similar parts. MR. BALZANO: Does he have the ability to figure out -- MR. PEDONE: Shouldn't it be like parts and not like equipment? Like equipment, he can go up there and take the air handler out and put a new air handler in. CHAIRMAN HAYES: That's right. MR. PEDONE: You want a Class C to be able to do that? MR. NEALE: And one of the problems, I think, is if we get into Page 4 f 16G June 25, 1997 replacing, at least what the board brought up at the last meeting was that if we change it to replacing, then, for example, if someone has a ten year old compressor that has a low ER and they want to put in a higher one, then unless you put something similar in there, they'd have to replace it with exactly the same thing as opposed to substitute something new, so we could have replace similar parts or similar air conditioning systems, if that works better than installing to replacing. MR. PEDONE: I don't know. The way I read it is I could change the whole duct work system if I'm going to make duct alterations. MR. NEALE: Yeah. The duct alteration one was in there from the beginning. MR. PEDONE: But we're trying to limit a Class C contractor from replacing and redesigning a whole new system, correct? MR. NEALE: Yeah. MR. PEDONE: But if you a11owhim to change the air handler because the air handler is burned out, then you a11owhim to change the compressor or condensing section because that's burned out and then he's allowed to change the dJct work because it's collapsed, so he's got to make alterat£ons. He's doing a whole new system. MR. KEISTER: That's if he runs into that situation where he arrives and the air handler is shot, the compressor's shot. MR. PEDONE: But a lot of -- we've run up against on this board where we've had people going out to service air conditionings who find all that's wrong with the system, and when the people are older, they don't realize that's what's happening, so you know, I think you'd want to watch Class C people a little more closely than maybe we have been. CHAIRMAN HAYES: If I might suggest, I think at this point in tim~, 'there's going to be a rare shot that that becomes an issue anyway. As far as I'm concerned, it is very much similar to the lack of permit pulling when I replace a water heater as a plumber. I have yet to face charges and I know of anyone that ever has or no one that ever has. Incidentally, as part of housekeeping, we are being recorded, so we're only going to be able to speak one at a time° so try to be a little bit considerate. MR. MEISTER: I think the electricians are trying to take that away from you because they're hot wiring now the -- COURT REPORTER: Oh, yeah? CHAIRMAN HAYES: Brilliant move, brilliant move. MR. NEALE: So what's the pleasure on this? What do we want to do here? MR. BARTOE: I'll speak from my viewpoint as far as staff goes. ~eave it alone. MR. NEALE: Don't add any new language? Leave it the way it is? MR. BARTOE: That's my viewpoint. CHAIRMAN HAYES: Rather than open up a Pandora's box with that amendment, we haven't had that much of a problem with it as it sits. MR. BARTOE: I can say we've had a problem in the past with a Class C doing this, replacing, and he could.say to the Court that he went and got his B license. Page 5 June 25, 1997 MR. NEALE: Okay. So Just strike the proposed change? CHAIP~AN HAYES= Anybody got any problem with that? Okay. Section 1.6.2.7, commercial spa and pool, top of Page 12, we've added the installation of river rock, Spray Crete, Keystone, et cetera and so forth and so on. MR. NEALE: Also added installation and construction of waterfalls and fountains. CHAIRMAN HAYES: And the installation and construction of waterfalls and fountains. MR. BARTOE: We did the same with the next section, residential pool and spa contractor. Mr. Joslin, do you agree with that wording for pool contractor? MR. JOSLIN: I'd have to agree with most of it, yes. CHAIRMAN HAYES: Now, let me ask you, the fiext section, 1.6.2.8.1, why did we put nonrecreational? MR. PEDONE: Strictly for looks. MR. JOSLIN: Strictly for residential. CHAIRMAN HAYES: Nonrecreational is what? MR. BALZANO: That's a wate~a11. MR. PEDONE: That's a waterfall for display only, a fountain so it looks good. CHAIRMANHAYES: What is recreational? MR. PEDONE: You can jump in the swimming pool. You can immerse yourself. MR. MEISTER: You plumbers don't go out and you don't know what recreation is. MR. BALZANO: They only swim in nonpotable water. MR. PEDONE: 'They sort of like sewers. ' CHAIRMAN HAYES: 1.6.2.9, we've also added the word repair. MR. BARTOE: Because he was allowed to repair and then the next section is a new section, servicing only. MR. PEDONE: That would be a pool maintenance company would be servicing? MR. BARTOE: Right. Just chemicals. MR. GRESSANI: I'm a little slower here and I'd like to go back again on the 1.6.2.7 where we're talking about different types of paving that they're allowed to do. What about brick pavers? Why couldn't brick pavers be in there, too? MR. JOSLIN: Where's this at? MR. PEDONE: Putting down, yeah, pavers? MR. GRESSANI: Brick pavers... MR. BALZANO: Well, it says other types of deck coating. MR. PEDONE: That's not a coating. That's an actual -- MR. JOSLIN: How about deck applications? MR. PEDONE: That would go. MR. JOSLIN: It would cover a wide range. MR. GRESSANI: We've never shown up that before with brick pavers. MR. PEDONE: I have a paved deck around my pool. MR. BALZANO: No. What I'm saying is that's not necessarily the Page 6 ' ' 16G Jtme 25, 1997 same type of work. When ha sprays in Gunite, there's no difference in spreading Gunite than there is spraying concrete. I mean Guntte is concrete, isn't it? MR. PEDONE: Yeah. Pave is a completely different kind of work, preparation. We may want to keep that to a -- MR. JOSLIN: Not really, no, because it's done under the same construction. MR. BARTOE: Ne can construct decks. MR. PERICO: Which is down below, further down in the paragraph, plastering, construction of decks. MR. NEALE: I think decks could cover a multiple of sins. MR. PEDONE: Yeah. It could be wood, it could be anything. CHAIRMAN HAYES: While we're on that Page 13, at the bottom, 1.6.2.10, the Journeyman plumber, there was add£tional requirements to this back in the ordinance somewhere that we had some concerns about last time and I can't put my finger on it. Does anybody remember where that's at? It had to do with being required to be in school. MR. BARTOE: It would probably be under Journeyman somewhere. CHAIRMAN HAYES: It was unde'~ Section 2, I thought, but I couldn't find it. MR. BALZANO: It said apprentice or equivalent, didn't it? CHAIRMAN HAYES: Yeah, but it said, it was under additional requirements and one of them was that you had =o either be enrolled or have completed a D.O.L. program. Okay, there it is, page, starts on Page 29 at the bottom, experience requirements. Under C, journeyman's experience shall be as apprentices or trainees. The apprentice programs approved, as of the effective date of this ordinance by the Bureau of Apprenticeship, Division of Labor, Employment and Training of ~he Department of Labor and Employment Security for sponsors within Collier County are hereby incorporated by reference as the required experience, apprentice experience in order to sit for the Journeyman's test. This is something we had some real problems with. There was many applicants from somewhere else that were even master plumbers that couldn't sit for the exam because they didn't meet that requirement · MR. PERICO.' They couldn't Join an apprentice program. CHAIRMAN HAYES: From the Department of Labor of Florida? MR. PEDONE: Yeah. You get a master plumber out of New York and, you know. CHAIRMAN HAYES: And all he wanted to do was have the Journeyman's license. He couldn,t do it because of item C. MR. PEDONE: And if he wasn't a Union plttmber, he wouldn't have any apprenticeship label either. CHAIRMAN HAYES: I understood that that was inserted in the last amendment cycle without review of any workshops and that's why I even brought it up again this time. I'm concerned that if we modify that some so that saying that that is one way we can recognize it but not the only way, I don't think a master plumber out of another place -- or actually in this particular case, it's not Just master plumbers. It's master electricians and Journeymen electricians and journeymen Page 7 June 25, 1997 plumbers and Journeymen air conditioning contractors. MR. NEALE: I've got a suggestion on that which may solve that with the change of one word and it may have been a mistake earlier and this is Just a suggestion. If it said the apprentice programs approved as of the effective date, blah, blah, blah, blah, are hereby incorporated by reference as a required apprentice, as an example of the required apprentice experience in order to sit for the Journeymen'e test, as oI~posed to the -- because as the way it reads now, that's the only one. If you said as an example of or as a model for or something like that -- CHAIRMAN HAYES: As an example for apprentice experience? MR. NEALE: As an example of the required apprentice experience in order to sit for the Journeymen's test for the particular trades, Just as a suggestion. Tom, do you have any ideas on MR. PALMER: Well, i'm wondering if this is bumping up against that new statute at all and when it says the effective date of this ordinance, I wonder why it's limited to that. For example, let's assume, and the question is whether that means this new amendment or whether that goes retroactively b4%k to the last time this was amended and if that changes from time to time, why wouldn't that new change by the state be rolled in as it changes? Why would this be pinned down to a particular time frame? It seems to me if there's a state rule on it, if in fact there is a state rule on it, under the new law that was adopted last month, that would be the controlling standard, and if that standard changed next month, the revised standard would be the controlling standard, so it doesn't really make sense to limit this to a particular time because it says then the state couldn't ~.~end it. If it did, we would go by the standards that existed when this thing w~s ~mended, so it seems to me the proper thing to do under state law is to say this will be the standard and it will be the standard as that standard is amended from time to time by the legislature orby the state agency. CHAIRMAN HAYES: So how would you amend HR. PALMER: I would say the apprentice programs approved by the bureau will be the required apprentice experience in order to sit for the ~ourneymen's test and that assumes that that standard in fact exists. If it doesn't exist, what will be the standard? Will the county have its own standard, assuming that the state does not fill up that void or do we know for a fact that such standards exist? MR. PEDONE: But what if they're staying from New York, New Jersey, Vermont? MR. PALMER: No. These are standards adopted by the state of Florida. MR. PEDONE: Yeah, but our ordinance here, if we have to set up a guideline on when an apprentice can sit for a ~ourneymen's exam and if he hasn't done his apprenticeship according to what we have written here which is something recognized by the state of Florida, then he can't sit, but what if he was a -- he held a master plumber's license from New Jersey? What does he do then? MR. PALMER: Well, the real issue is this. under the new law Page 8 - 16G 1 June 25, 1997 that was passed last week, it sams that re~uirements of this nature, and the law is not absolutely¢learwhere the lines are ~Lrawn, but assuming it applies to this thing, that law would make the state standard the controlling standard. It would not allow the county to make it less restrictive or more restrictive, and this paragraph as written right now implies to me that at the time this was drafted, it was understood that the state, in fact, had a standard because if there is no standard, what do you default to other than paragraph C? CHAIRMAN HAYES: Well, that's what -- we've got the '94 ordinance here and Section C actually stoppe~after the word trainees. It had no further description and I would suggest if we can't fix this to make sense, that we Just delete it and go beck to the original writing. MR. BARTOE: After the first sentence -- MR. NEALE: Just dro~ everything else? MR. BARTOE: -- the rest was added in '94. CHAIRMAN HAYES: So I would ~uggest that item C be amended to read, Journeymen's experience shall be as apprentices or trainees. MR. PALMER: I've got anoth~ suggestion, to say that Journeymen's experience shall be as apprentices or trainees except as maybe otherwise authorize~by the apprentice program approved, blah, blah, blah. For example, if the state allows some sort of Journeymen's experience in addition to or in lieu of apprentices or trainees, then that would -- you could default to that standard. CHAIRMAN HAYES: Good one. In other words, then, except other -- except as prescribed under state statute. MR. PALMER: Right. In fact, if you want to say state statute, you want to say this program. That assumes that this, in fact, is the standard, but if the state said you can have it as an apprentice or trainee or as this follows, then that would be one of the three alternate criteria and, in fact, if there is a state standard that allows something in addition to apprentice or trainee, I believe that new law would automatically impose that additional alternative on the county because if we didn't allow that, we would be disallowing something the state otherwise already allows, so we could change that and I will also note that that will require also an amendment to the title to reflect that we're amending this paragraph, so it'll be Journeymen's experience shall be as apprentices or trainees, except as otherwise permitted, by apprentice programs allowed, blah, blah, blah, and take out the word, as the effective date of this ordinance, because if that standard changed next month, then next month will be the rule and the rule will be real time. When someboc~ycomes in and says, I've got experience as a trainee, then the question is, what does the state law allow? I don't think they're going to amend this two times because it's a moving target. Every time you amend it, it sort of changes the standard, but does that mean you've got two years as something else? You see how it com~licates the matter? I would assume once the state gets something here, they're going to be -- they're not going to be changing it every time you turn around. CHAIRMAN HAYES: Okay. Anybody got any problems with that? Page 16G 1 June 25, 1997 Okay. We go beck. MR. PALMER= ~et me ask a simple question here. I think there's some things I didn't catch. For example, on Page 14, paragraph 1.6.2.11, that underlined one should not be in the third line, should MR. NEALE: No. MR. PALHER: It looka to me like it's Just a typo. MR. NEALE: That's what it MR. PALMER: Okay. There's a light problem under the next page, 1.6.2.12, the word underlined, one, in ~he fourth line, that should Just be deleted. MR. BARTOE: Mr. Palmer, beck to Page 14, that one should not even be there. MR. PAI2(ER: That's what I'm saying. That'should Just be stricken and there's another light problem on Page 15, down in the third line of 1.6.2.12, that should Just be stricken, and down in 1.6.3.1 at the bottom of Page 15, that one should Just be taken out. CHAIRMAN HAYES: We've got a few one's flopping around here. MR. PALMER: Yeah. I don't ~nowhow they got in there, little minor things. For example, the underline, there's a couple of these sections that are underlined that shouldn't be. I'll just take care of them, but an example would be the .1 on the top of Page 15. That 11.1 shouldn't have an underline on it. MR. JOSbIN: Page 177 MR. PEDONE: Page 17. MR. SCHOENFUSS: While we're talking about that paragraph, on the third line, it says, means those persons qualified, should be, means a person qualified.- It shouid be singular because Journeyman elec~crician is singular, and in all the other paragraphs, it's saying a person. MR. NEALE: Exactly. Okay. It makes it consistent with ~he rest of the paragraphs. MR. SCHOENFUSS: Yeah. MR. PALMER~ What page are you on? MR. SCHOENFUSS: Page 15, top of the page, third line. CHAIRMAN HAYES: Mr. Palmer, are you the one that is recording the amendments, the adjustments here at this point? MR. PALHER: Yeah. I've got the~a11 down and I'm going to, the meantime, I'm going to make changes to the title as necessary, as it changes the text. MR. PEDONE: Gentlemen, I have to leave at this point. CHAIRMAN HAYES: Okay. (Mr. Pedone left the room.) CHAIRMAN HAYES: 1.6.3.6, we've changed the carpentry to add, and metal products, and we scratched, in a building, so that we can do ~he soffit outside. We were talking about 1.6.3.16. MR. PALMER: The reason I reserved that was so that we don't have to renumber everything that follows, and if something comes along the line thau indicates that we displaced it, it leaves a place to put something else in in the future. Page 10 ..o , 16G June 25, 1997 CHAIRMAN HAYES: Okay. The next section, .17, epoxy stone, we're changing -- we're adding, the top of Page 20, actually, and the gravel to specifications or to construct forms and framework or to pour, Just the housekeeping part of it. There's the 1.6.3.25, bottom of Page 21, incidental to landscaping contracts, this is the one that we discusse~ in length at the last meeting. I(R. PALMER: Yeah. There was a decision chat you may or may not like with regard to the last sentence. Remember there was some talk about saying that they maY not contract for only removal, you know, so that in order -- it could either be stricken out which leaves it sort of undecided about what was decided. I thought about leaving it in so that it's known what the decision was. The decision was that they may contract for only removal of trimming. This was the issue about workers' compensation premiums and Tom suggeste~, well, maybe Just delete the sentence. Well, if you delete the sentence, then it's not clear what was decided in 1997 on the issue, so I've offered the one sentence and we might Just leave it in. CHAIRMAN HAYES: So he does ~ill yet allow the landscape contractor to cut the tree down? MR. PAL~ER: They maY contract for only removal of trimming and we decided that making the divisions on what people may or may not do depending on the worker's compensation was really beyond the purview of the kind of considerations that are material to this board's decisions. CHAIRMAN HAYES: So this will not make that tree trimming contractor happy. MR. PERICO: Nothing will make them hapl~Y. MR. NEALE: No, but he's not going to get hal~P~ anyhow, so. - -CHAIRMAN HAYES: Very we11. -- emo to Tom about it, or.I ~ead, MR. pALMER: I.wrote_a m .... ~----~ --- 1ts ShOUld not be that's an incidental result ana ~nu~u~,,~-- ,..u just an derived in any substantive decisions of this board. That's effect of something and, you know, this board doesn't address itself with what sort of workers' compensation premiums trades have to pay. CHAIRMAN HAYES: The key is tomake that individual understand that. MR. PERICO: He won't. MR. PALMER: Well, he's never going to convince the board of county commissioners, over the recommendations of this board, the changes to the way he likes it. That's my prediction. He may lobby the board or get up there and speak, but I would say that that is not going tohappen. CHAIRMAN HAYES: I would suggest chat you're absolutely right, that leaving it in there makes them know that it was reviewed and decided that it's a done deal. MR. PALMER: Yeah. If we take that out, it sort of leaves the thing up in the air. CHAIRMAN HAYES: I gotcha. MR. NEALE: It leaves it the way it was which -- ~R. BALZANO: Do you want to put fifty bucks on it that when this Page 11 16G 1, June 25, 1997 gets to the commissioners, if they're crybabies there, he'll comeback to us because they're going to tell him to come back to us again because he's been here three times and they keep sending him back here'~R. NEALE: One point that I Just noticed on 1.6.3.27 and, Tom, I want to put this up for your consideration, too, is we had added lifts and davits to that back several months ago. Since lifts and davits require electrical hookups and things like that, do we want to ba more specific in there that lifts and davits, except that all electrical connections must be done bY a licensed electrical contractor? ~4~. PERICO: We've got that covered. We have =o pull a separate penait for electric. MR. NEALE: Okay. But X think we may want'it in here, too, so you know, Mr. Dockbuilder doesn't come in and say, I can do that, I can pull the electrical permit for that because it says I can put in a 1if= and a davit. KR. PERICO: They pretty well know that they can't, but if you want to put it in there, I mean f'don't have a problem. MR. NEALE: It'll keep the people at the counter from having to fight with them. Tom, do you think that makes sense? MR. PALMER: Well, I think it makes a certain amount of sense, but you could make that argument as to piers and boathouses. A lot of boathouses have electric connections. The fact that this man can build him a boathouse doesn't mean he can do the electrical work inside the boathouse. KR. NEALE: Yeah, butI think difference is the electric inside a boathouse is ancillary to the boathouse. Whereas, the electric to a l~fT or a davit is necessary for the lift or davit. MR. PALMER: Well, it's neither here nor there to me, but you could have a mechanical davit, couldn't you? MR. SCHOENFUSS: Sure, but there's been a lot of trouble lately because of unqualified electricians doing specifically lifts and davits and that's a major issue. MR. NEALE: That's one of the reasons I brought it up. MR. PAL~ER: Well, we could put something in here that said that nothing in here allows, what, electrical work that is not otherwise -- that otherwise requires a permit, words to =ha= effect. MR. NEALE: If we go to =he sign contractor -- MR. SCHULTZ: Exclude all electric. CHAIRMAN HAYES: One at a time. MR. NEALE= Maybe use effectively the same language you used under the sign contractor, that electrical service and wiring from the electrical service to the lift or davit must be supplied by a licensed electrical contractor. MR. PALMER: What page, where is that? MR. NEALE: Page 25, use effectively, that kind of language on 1.6.3.41. CHAIRMAN HAYES: If you just added excluding electrical components, you would stop that. Page 12 16G June 25, 1997 MR. PERICO: That's the whole nine yards. MR. GRESSANI: When we're saying electrical components and we're speaking of lifts and davits, some of them come premanufactured with the motors all attached and everything. Are we going to then say that he can't assemble or build that? MR. SCHOENFUSS: He should still have a licensed electric lan or he'll connect the ground wrong or something will go wrong. MR. GRESSANI: Yeah, but hold the electrical part to a ~rtified licensed electrician. MR. PERICO: We do. MR. GRESSANI: But not necessarily the mechanical part the davit as it comes from the manufacturer with a motor installed to it. CHAIRMAN HAYES: Let me ask this question. Can a set o~davits be plugged into a duplex outlet? MR. SCHOENFUSS: Normally, no. MR. NEALE: Some of them can. HR. GRESSANI: Could be some lighter ones. CHAIRMAN HAYES: In other wor~s, if you have an exterior outlet out by the docks, then you could actually build a set of davits and plug it into that outlet and not have any electrical, you were not doing any electrical work? MR. GRESSANI: Could be. HR. JOSLIN: Yeah. CHAIRMAN HAYES: Okay. I would assume, again, if we exclude electrical components we are indicating the caution of , an electrician. HR. NEALE: Yes. MR. PERICO: 'What's required right now is when they com n with a 'd~ck permit to build a dock, they're also required to come ~n with a licensed electrician, with a complete layout of exactly everything that's being put on that dock. It's not just an electrical permit, period. They have to show us where the assembly is going to ~e, where the home run is coming from, where the snook lights are going~o be. Anything electrical on that dock must be on the diagram, just~ike they do it for anything else and that's how the ermit is is tha-,-= ........... P s%~ed and ~ , now lu s lnspecuea. I~ we go out there and there's additional stuff, we charge accordingly. We've got a pretty good type h~dle on it now. MR. PALMER: Well, we could take a sentence a lot like the one at the bottom of 1.6.3.41 and just insert it in there and make it~'~clear that it applies through all of those verbs on 3.27 and, you know, groins, boathouses, the whole thing, electrical service and wiring for any such service must be supplied by a licensed electrical contractor, okay? MR. NEALE: Yeah. CHAIRMAN HAYES: Yeah, that'11 work. Now 1.6.3.29, we deleted the section again. We reserved the location. That's a good idea. Didn't we originally include some amendments to the satellite dish installer on sizing? MR. NEALE: That's been in and out. We had included ori. a Page 13 June 25, 1997 'modification that said in excess of thirty-six inches in diameter so that nonlicensed people could install the little mini-dishes at home. CHAIRMAN HAYES: Then we took that out? MR. NEALE: We took it out and I don't know why. CHAIRMA2~ HAYES: Some of those are just as electrically related as the larger ones. MR. NEALE: Okay. There was an addition to 1.6.3.40 that has been in and out and I wanted to make sure whether you want it in or out. We had added at one time to the end of that paragraph as defined in the Collier County Land Development Code after freestanding structural signs because we had just redefined freestanding structural signs in the LDC. CHAIRMAN HAYES: Would there be an assumption that this definition of freestanding structural signs could possibly be construed differently? MR. SCHULTZ: I don't see how it could be. MR. NEALE: I don't either. That seems redundant-redundant. CHAIRMAN HAYES: Leaving it.gs it is is okay? MR. NEALE: Yeah. MR. JOSLIN: Wait a minute. What have you decided on the satellite dish now? Has that been struck? MR. NEALE: Yeah. Strike the, in excess of thirty-six inches. Leave it the way it is. MR. JOSLIN: Now, the little people that sell these dishes have to get a dish contractor to come out and put it in? CHAIRMAN HAYES: That's correct. On the same section, the nonelectrical sign contractors, wasn't there some discussion of what's electrical and what's nonelectrical? I thought maybe we had some a~e~ded wording that came out of that discussion, but I don't remember what it was. MR. BARTOE: We did have, but then we decided to leave it the way it was, the way it reads right here. To me, a nonelectrical sign contractor is exactly a nonelectrical sign contractor, so don't mention electric. MR. NEALE: We had put in some language about prepackaged signs and-- MR. PALMER: It just required a plug-in. MR. NEALE: -- it required a plug-in and it was decided pretty unanimously, I think, that the nonelectrical signs are nonelectrical signs, period. CHAIRMAN HAYES: Well, these were some of the ambiguities that we were trying to erase for both Judy and for enforcement so that you can't construe this thing to be something different if you wanted to, if you had a problem in the field like this, so if we weren't able to make it anymore clearer than it is, then I guess we just decided to leave it as it was. MR. PERICO: That one's pretty well beat up. CHAIRMAN HAYES: This is one of the hardest things I've ever tried to do, to touch all the bases every time you amend an ordinance. MR. NEALE: I thought of something going back a bit. When we Page 14 16G i June 25, 1997 added the swimming pool service contract, I think is what we called it, there was a suggestion of swimming pool/spa servicing contractor, that there be a grandfathering provision in there similar to what we had under tree trimming last time. CHAIRMAN HAYES: I forgot all about that. We decided to prevent people from having to come before the board every time to get a granting of their new license, that we would use the grandfathering clause that was in one of the previous sections under tree trimming, if I can remember. M~. NEALE: If you look on Page 27 under 1.6.3.48-49, there's language in the second paragraph that's now stricken. Language similar to that would be added to swimming pool/spa servicing. MR. BARTOE: I don't think that's needed. Here's the reason. In the past before the '94 ordinance, tree removal'only required an occupational. Right now today, if you're servicing a pool, you need a swimming pool and spa servicing contractor license. They already have to be licensed to service that pool, but we're changing service to service and repair because they ~quld do both before and the word repair wasn't mentioned. MR. NEALE: But we added a new category of swimming pool and spa servicing contractor. CHAIRMAN HAYES: No, no, you're confused. What we were trying to do was grandfather the fountains and pool licenses, the fountains and waterfalls license. MR. NEALE: That's right, into the nonrecreational part of it. CHAIRMAN HAYES: Right. That's where we need to move it to. MR. JOSLIN: I also think, though, that we had -- there's a state law right now that, according to the state code, you don't have to hav~ iny license at all to service a pool. MR. NEALE: Right. MR. JOSLIN: That's why this was put in. MR. NEALE: That was my remembrance of why we put that one in, too. MR. JOSLIN: Correct, and this is what's been going on here. MR. NEALE: The guy that goes around to your house from Joe's Pool Service who puts chlorine in and sweeps your pool now doesn't have to be licensed, I don't think. MR. BARTOE: By us, he does. MR. JOSLIN: Right, but this is what's doing it, though, right, this new ordinance? MR. NEALE: Well, now we give them a simpler license, right, which is the -- MR. BARTOE: Right. He does not need that three hour test that goes along with the repair. MR. NEALE: So that's one for just the average Joe Pool Service. MR. BARTOE: Just once the tree trimmers and -- MR. JOSLIN: Right. MR. NF2%LE: Okay. So the grandfather needs to go in under nonrecreational fountain and waterfall contractors? CHAIRMAN HAYES: That's correct. For clarification, we want also Page 15 June 25, 1997 to add to Section 1.6.2.8.1 the strickened paragraph out of 1.6.3.48. MR. brEALE: Or words similar to that to create a grandfather situation. MR. PAL~fER: That would be the last sentence of that section. It wouldn't be all of it, would it? It would just be the Contractors' Licensing Board has the authority to hear and decide hardship appeals, is that what we want? MR. NEALE: Well, I think what they were proposing is remember the people that we granted these restricted swimming pool licenses to? MR. PALPfER: I remember that, but what text are you referring to? CHAIRMOkN HAYES: Page 27 text. MR. NF3~LE: It said something to the effect of that the board further provides by this particular amendment that persons holding a restricted swimming pool license for the purposes of constructing waterfalls and fountains shall not be required to meet the testing requirements of this ordinance. Said contractor shall be required to meet all other application and licensing requirements. Said exemption from testing shall extend from the effective date of this ordinance through some period of time. The Contractors' Licensing Board shall have authority to hear and decide any hardship appeals by contractors who meet the above mentioned exemption but fail to timely apply. CHAIRMAN HAYES: Can you write that fast, Mr. Palmer? MR. PALbIER: Are you saying take the stricken portion of 1.6.3.48 and raodify the entire stricken portion, modify it to fit this? C}~IRMAN HAYES: That's correct. Is that understood now? MR. PAL~M~R: Uh-huh. MR. NEALE: That's for a restricted swimming pool license. MR. JOSLIN: ' You're referring to the ponds and waterfalls? - MR. NEALE: Right, referring to ponds and waterfalls. CHAIRMAN HAYES: Now we're back on track taking off on Page 27, 1.6.4, contractor licensing supervisor means the individual who oversees contracting licensing and its investigations and presents complaints, was added. MR. PAI2~ER: You want that to be "and' or 'or'? 'And' would mean that it would have to be both. MR. NEALE: And/or. MIR. BARTOE: We've got a problem on 28 with 1.6.6. The word entity was deleted in '94. CHAIRMAN HAYES: And it's added back now. MR. NEALE: Do we want it to be an entity or an organization? CHAIR/W3%N HAYES: Persons meaning a human being or a legal business entity. MR. BARTOE: Organization, that's the way it was in '94 and we haven't changed a thing. MR. NF_3kLE: I'm not sure where it came out of. MIR. PALI~ER: You just want to strike the word entity? MR. BARTOE: Right. That's what they did. In '94, they scratched entity and added organization, so right now just scratch entity. MR. PALM~R: All right. Page 16 · 16G 1' June 25, 1997 CHAIRMAN HAYES: We've already discussed 1.8. M~. PERICO: Yes. CHAIRMAN HAYES: That was just a name change, basically. Did you guys get issued new business cards for that name change? MR. PERICO: No. We have business cards. MR. BARTOE: Page 32, 2.2, that's Schultz law. CHAIRMAN HAYES: Schultz amendment. MR. BALZANO: The law according to Gump. MR. NEALE: The man seems to be exceptionally familiar with moral turpitude. MR. PALMER: The only problem is that it's taken hours of research to determine what laws in the state of Florida are moral turpitude because that's old common law and I don't think anybody's even written a law article about it. MR. NEALE: It'll keep us busy for a while. MR. PALMER: We know that in Florida lying is moral turpitude, but there's a lot of these little periphery laws that are moral turpitude. MR. BARTOE: He wants us to be all-encompassing and we have the same change on Page 35, paragraph H. MR. NEALE: Under 2.5.3, there was some suggested language t]~at didn't make it into the one draft. The board may determine upon the evidence -- this comes after qualified or unqualified for the trade which application has been made. The suggested language vas, the board may determine upon the evidence presented, that exceptional experience in the trade may be substituted for the relevant examination or examinations. That gives the board the actual power to do what it's been doing, in fact, for awhile. - MR. PAI2~ER: I think we did this someplace else. CHAIRMAN HAYES: I missed that somewhere because the words findings of fact or conclusion of law regarding the approval or denial of the application shall be made by the Contractors' Licensing Board, that's what I've got written there. MR. BARTOE: That's what is there. CHAIRMAN HAYES: But that's not what you said. MR. NEALE: No. I said there's an admission in the middle of there. The four findings of fact after the application has been made, to say, the board may determine upon the evidence presented, that exceptional experience in the trade may be substituted for the relevant examination or examinations. MR. PALMER: Yeah. That somehow didn't get in here. I thought it did because it's reflected in the title. 14R. NEALE: Yeah. We put it in the title. It got everywhere except it didn't make it into the one draft, but what that was was to reflect what the board's actually been doing, basically. At 2.7, you see the big change in there. CHAIRMAN HAYES: That's going to avoid somebody that had taken the exam ten years ago. MR. 5rEALE: If they let their certificate go long enough to be void, which basically gives them a year and a half, then they get -- Page 17 166 1 June 25, 1997 and they haven't taken the test within three years, they get to go back and start from the beginning. CHAIRMAN HAYES: I don't have a problem with that. That's our own little continued education requirement. MR. NEALE: Well, and it's required by the -- this mirrors exactly Florida Statutes 489, so I don't think we have a problem there. MR. PALM~R: I think I'd like a recommendation, upon looking at it, that it might make a little better sense to say, in the case where a certificate of competency is voided. MR. NEALE: That's fine. CI{AIRM3~; HAYES: Voided? MR. JOSLIN: Voided. MR. SCHO~USS: Or has been voided. MR. PALM]ER: Right. Well, the thing about it is that I could make an argument to smoke this up by the wording void certificate. Void? How void? We're talking about void because of lapse of time and failure to renew here, aren't_we? MR. NF_3%LE: Yeah. Void pursuant to the terms of this ordinance maybe. CHAIRYJ~N HAYES: Well, that leads me to a question, then because in the very beginning, we had after so long, then it was expired. MR. NEALE: Then we do create -- CHAIRPIAN HAYES: Do we have levels here? MR. NEALE: We do, yeah. If any person who fails to renew his or her certificate of competency prior to December 31 of the year following its expiration shall have a void certificate of competency, shall be required to pay an additional late fee, make full r&-~p~lication, and if more than three years has lapsed since the date of last examination which the individual has passed as required for the certificate, must sit for re-examination as if applying for a new, parentheses, initial license. That last language there is taken directly from Florida Statutes 489. CHAIRMAN HAYES: Okay. My question is 1.4.7, just above it, any individual who fails to renew prior to December 31st of the year in which it expires shall have a delinquent certificate. What is a delinquent certificate? MR. NEALE: That just means they're late in making their payment. CHAIRMJ~N HAYES: So why do we even put it down there? MR. BARTOE: We have a number of them every year. CHAIRMAN HAYES: I mean what' s -- MR. BALZANO: It's like a grace period. MR. NEALE: We essentially give them a grace period until the 31st. CHAIRKAN F~YES: Well, I realize that, but why is the section even in there, then? MR. BALLANO: Because if someone called up and wanted to know if Florida Plumbing was a licensed contractor, they could say he is licensed but he's delinquent. He hasn't renewed his license. MR. NEALE: It's very similar in Florida corporations. A Florida Page 18 16G June 25, 1997 corporation can be late in paying its fees, so it's still an active corporation, but it's delinquent in the payment of its fees. CHAIRMAN HAYES: So what good is that? MR. NEALE: Well, we can add, you know, at the board's pleasure, in recommendation, we can add a penalty for being late. We don't currently have one. CHAIKMAN HAYES: No, no. We're defining a spot in an existence that doesn't exist. It just doesn't matter. If they're not going to do anything, you can call them naughty, they have a naughty certificate. Spank them. Just don't fine them at all until it gets to be void. Okay, I'll leave it alone. MR. PALMER: But I would quote on 2.7, in cases where a certificate of competency becomes void pursuant.to Section 1.4.9 herein, that's a lapse of time voiding because that's when this testing staleness becomes relevant. MR. NEALE: Right. Good. MR. BALZANO: The other thing we have a problem with is a lot of the other counties require 70 or .!2 and we say we have reciprocity with them and if somebody comes in here and they show Judy they've got a 72, she won't license them, and my argument is we require a 75, but can we require a 75 on a reciprocity? MR. PALMER: We cannot require any particular score on a state certification because if they pass the state test, that's the standard, but if they're coming in from Lee County with a Lee County certification, we have the right to say, no, we don't accept a Lee County certification if we know that, in fact, it's substandard to ours. · CHAIRMAN HAYES: She is absolutely right to refuse that a~pIidation. MR. PAI24ER: The real question, though, is nobody's probably got a detailed analysis to find out whether or not 72 in Lee County is equivalent to 75 in Collier County because probably nobody's done a comparison of the examination for the 72 and our examination for the 75. MR. NEALE: It's the same exam as the block exam. MR. PALM~R: Oh, this is the block exam, oh. Well, if it's the same exam, then, in fact, they would not have passed the test in our county. CHAIRMAN HAYES: Thank you. If they have done a 75, though, we would reciprocate on the basis of their license. MR. BALZANO: It just says that we require a 75. MR. PERICO: It's going to be statewide within the next couple of months, everybody's going with the 75. MR. PALMER: If, in fact, there's a superseding state standard for a particular trade, then that would become the applicable standard throughout the state of Florida. CHAIRMAN HAYES: Anywhere. MR. PALMER: Yeah. Is the trend going to state certification for trades? Are things evolving in that direction? CHAIRMAN HAYES: There is legislation being discussed in Page 19 16G June 25, 1997 committees as we speak going to what's being defined as single tier licensing. MR. BALZANO: It'll just be a major trade, so not counting the other fifty-two licenses -- CHAIRMAN HAYES: Okay. 3.1. MR. SCHOENFUSS: Could we go back a little bit to 2.9.2. Do we want to improve the wording there a little bit, persons and business organizations desiring to renew inactive certificate, it jumps all around now. We've got plural and going to a single certificate. MR. PALMER: Well, you can do it, but it's understood that words like that, if there's more than one, it automatically means two or three or four. MR. SCHOEN-FUSS: Okay. I just thought I'd.mention it. MR. NEALE: 3.1, all that is is making the ordinance conform with reality, the '94 ordinance created the board. This ordinance just continues it. MR. BARTOE: I think the board was created way before '94, wasn't it7 ._ MR. NEALE: Yeah, but for some reason, in '94 is when it says there is hereby created the Contractors' Licensing Board. MR. BARTOE: Was that the first time? MR. NEALE: No. Don't ask me why because that was when all the appoinunent procedures came in and everything else was in '94. Next big change is 4.1.3. It pretty much follows the state law on that. Before, abandonment only was, someone could only walk off a job if it was permitted in the contract. 4.1.6, there's a few changes there. 4.1.10, major modification there, really a clarification. Tom did most of the draftsmanship on that and we both reviewed it and it looks v6~] good. CHAIPJ~AN HAYES: There's not a whole lot more we can do than what we've done there. MR. NF_3J~E: Just try to make it so that there'd be an actual standard because one of the arguments in one of our cases of this type was that we didn't set forth a clear standard for what faulty workmanship was, even though somebody had been killed on the job, so here we have a clear standard. CHAIRMAN HAYES: At one time, I had discussed with the board the possibility of adding a list of skilled reference people, if you will. Not having a tradesman from all trades on the board puts us at a disadvantage occasionally when we are asked to define the faulty workmanship, and in lieu of trying to put a tile setter and a painter and everybody else on the board, I was trying to create an advisory group that may not ever be needed, but if they were, we could call them in for testimony or for clarification, if we needed to, because I don't like judging an individual, not being knowledgeable in his trade. MR. PERICO: Well, the pool and spa association has their own advisory committee that would go out and review bad workmanship, don't they? MR. JOSLIN: We used to have years ago, but not anymore. They ; Page 20 1615 11 June 25, 1997 took it out. MR. NEALE: I think that's something that the board could probably do on its own through the ability under the ordinance to set out its own written rules and procedures because I think the board, as part of drafting a set of written rules and procedures, could set out that there is hereby appointed by this board a subcommittee of experts to provide us with assistance and testimony. CHAIRMAN HAYES: Do the board members feel basically the same way, that it's very difficult to pass judgraent on an individual's craftsmanship without having any definite skill on that board in that particular trade or discipline? MR. GRESSANI: To a degree, yes. MR. JOSLIN: Yeah. ~R. PALMER: It's in a gray area. Some things are going to -- I mean any layperson can say, well, that's not up to standard or that's up to nobody's standards, but you get the periphery of, you know, well. is this standard or isn't it. You really need somebody knowledgeable in the trade with the way it's done in Collier County that can say, yes, this meets the'~tandard, because some things may seem to be substandard, when in fact they're not. CHAIR/~AN HAYES: We had a real arabign~ous case four or five months ago over the tile coming up from the floor. MR. PALMER: Exactly, exactly. CHAIRMAN HAYES: And none of us on that board were skilled enough to define the exact way that it should have been done. The tile contractor said this is the standard and we didn't have anything -- I think, Herb, you were the one that perhaps lent some expertise to it that we were allowed to base a decision on your expertise and that ccrnc~-ns me. MR. GRESSANI: Well, are we talking about the case where the builder was in here complaining about the tile work in the shower? CHAIRMAN HAYES: No. That is on the floor, on the floor. It would be corrected by our last meeting and it was MR. JOSLIN: MR. BARTOE: June 16th. MR. PAL~fER: floor level. MR. BARTOE: You said there were some points in the underlying Some hollow tile. CHAIRMAN HAYES: Right. This is the one where he went around with a mallet and he could hear hollow tiles and the tile setter said that's okay and most of the rest of us decided that if it sounded hollow, that one day it will crack. MR. GRESSANI: Not necessarily so because you have to take into consideration what is below that. Now, one case in particular, there was quarry tile set on a kitchen floor, a structural slab, but the structural slab, the sounding went right through the slab, so it sounded like the tile was not adhering to the base. We physically removed some of the tile work and found that it had beautiful adherence to the base, but there was another slab, an old slab below that when you tapped it, it sounded like it was hollow because the new Page 21 16G June 25, 1997 slab wasn't mounted to the old slab, but the tile work was mounted to the new slab, so you have to look at each individual case. Now, as a General contractor with a few years of experience, I've had to act as an inspector on a multitude of projects, a project supervised by the Corps of Engineers and architectural inspectors and everything else and you just open up a can of worms in a lot of cases of saying who is an expert. Now, if I wanted to inspect duct work, metal duct work, there would come a certain point in time where I'd have to say, well, I'm not qualified to judge whether that piece of work is proper or not. Then you'd have to bring in an expert. CHAIRMAN HAYES: That's what I'm looking for. You're saying, Pat, that we can most likely create that board or that committee, subcommittee on our board without having to have it mentioned specifically in the -- MR. NEALE: Yeah. You've Got the ability to do that. MR. PALMER: As a practical matter, Tom and Ed, you've got a Gray area and there's no contract specification, that's the Gray area here because the contract says no hollow areas and that decides the issue, but if it's silent on that like itwas in this instance, have you Got people you can call and ask them what is this, what is the standard about hollow areas in tile contracts? Well, the contract is silent on the issue and they could really Give you guidance. Well, that's all right, or no, that's inherently substandard. Hollow areas in tiles are substandard in Collier County even in the absence of a contract provision because the burden of proof is on the county to show substandard conditions in the silence of a contract and, therefore, we'd have the burden of proving that, yes, affirmatively showing that the issue was substandard and the way to do it is to bring s<,mebody knowledgeable in the trade in Collier County in before the board as a witness if it becomes an issue. CHAIRPiAN HAYES: Well, that's exactly what I'm talking about. ,~R. PALMER: We have the inherent power to do that, but I would hope that, in fact, if we're Going to bring a case of this nature of a contract specification allegation of substandard work, that we should have somebody already prepared to testify on our behalf and if we don't have somebody to testify on our behalf, don't bring the case, at least based on this kind of an allegation. CHAIRM3tN HAYES: Thank you, sir. That's exactly what I was looking for. MR. JOSLIN: I think you would be good to look for also, rather than an installation contractor, would be the manufacturer's work of the product. CHAIRM~ HAYES: In some particular cases, that might be true, I think, and specifically in the pool world. We've had some problems with things like that. I think we heard a case one time on that. ~. JOSLIN: Yeah. MR. BARTOE: We've used roof manufacturers that tell us that a roof hadn't been put on right, according to the specs. MR. PA/2fER: Oh, well, that raises an issue. Do we want to put the word in here, according to the specifications of the applicable Page 22 16G June 25, 1997 written agreement? Let's take a case where a manufacturer has minimum specifications. In other words, he says in his specifications, unless this is done a certain way, it's not going to work, so that you couldn't eliminate that requirement in the contract and say, let's disregard the manufacturer's specifications. Do we want to put the word manufacturer's specifications in 4.1.0 if they're mandatory? There are certain things in this world that unless you do it right, it's not going to work. Like for example, certain towers, certain towers have to have a certain concrete base under the manufacturer's specification where he says, I'm not going to be responsible for this tower unless you do it the way I say you do it, so we want to incorporate in here also the question of mandatory manufacturer's specifications, that they cannot be weakened or watered down by the contract. MR. NEALE: And further, following along with what Tom says, I just was involved in a fairly large construction litigation case where it was a roof that was being litigated over and the roof was a single ply roof that was installed according to the direction of the manufacturer and it leaked and th~'manufacturer came out and inspected it and said it was installed perfectly correctly. Everything was fine. It just leaked, but after five years and a hurricane and all these other things and not proper maintenance, but the installation was correct and it had certain maintenance provisions, in that instance, it was deemed in the case that because the roofer had installed it according to the manufacturer's specifications and that roof was listed in the contract, that he had a defense to ~y allegations of local incompetence because he did it according to spec, exactly the way it was supposed to be done. They didn't get what they thought they were getting, that's one thing, but he did what he was supposed to, so that brings even more weight to what Tom's saying, that, you know, in a situation like this and this was a very major roofing supplier who provided their own experts to come out and say, it's fine. MR. BALZANO: How come it leaked? MR. NEALE: How come it leaked? Because they didn't maintain it properly. It was a condominium and the condominium association didn't do the maintenance properly, but the installation was correct. CHAIRMAN HAYES: My other concern is that I'm concerned myself that the board starts to busy itself with the enforcement of contract specifications. I like to see industry standards more than contract specifications. I don't know how 4o fix that because sometimes clarifications in a contract are exactly what we are asked to decide upon and we did at the last meeting, I believe, where we had a -- or the meeting before that where we had a case where it was specific contractual specifications that were not followed. Now, that's a little difficult for the board to be the deciding factor to enforce the contract specs on the job, so I don't know quite how to get to where we're going here without being designated as enforcing contractor specs as opposed to industry standards. MR. NEALE: And the place to enforce contract specs is in civil Page 23 June 25, 1997 court. It's not in the Contractors' Licensing Board. CHAIRM3%N HAYES: Well, that's exactly my point. MR. BALZANO: In here, it says deviating from the specifications or construction agreement. Isn't that one of the -- MR. BARTOE: Well, we're covered in 4.1.10, replace faulty materials installed contrary to the provisions of the construction contract. MR. NEALE: Yeah, and that's the way that's always written. What Tom and I tried to do in there was clarify it a bit, but we're not trying to enforce the contract, but we have to have some provision to base the decision on. MR. PALMER: Well, my logic is this, that if a manufacturer has specifications and they're not lived up to, doesn't it logically follow that it's substandard? CHAIRMAN HAYES: No, it doesn't, no. As in sometimes we see happen with an architect who will overkill a specification, he's CYA. MR. PALP[ER: No. I'm talking about a manufactured product. CHAIRMAN HAYES: Well, the man. ufacturer will do the same thing is what I'm saying. He'll cover himself. This is a swimming pool, but you can't pour water in it. It might leak, you know. I've seen silly little specification requirements from a manufacturer. In other words, they don't have to worry about their warranty at all because they omitted any liability by putting the spec that you can't -- MR. PALMER: All right. Then we won't put it in there, I guess. Manufacturer's specifications that are not necessarily controlling one way or the other is what you're saying? CHAIRMAN HAYES: That'.s correct. MR. NEALE: Because you can contract around them. '-MR. PALMER: Okay. And they may overkill basically to avoid warranties and things like that because people can't live up to these things -- CHAIRMAN HAYES: It can happen. MR. PALMER: -- or they're goinG to slide by some little jot and tittle. MR. PALMER: Yeah, okay. CHAIRMAN HAYES: I'll give you an example. PVC piping is void, any warranty is void if it gets exposed to direct sunlight. MR. PALMER: ?~ich is always going to happen. CHAIRMAN HAYES: Always. Every supply house I know of has a yard full of it out there under the sun. MR. PAI2~ER: That's right. MR. BALZANO: But isn't 4.1.5 departing from or disregarding in any material respect the plans or specifications of a construction job without the consent of the owner? MR. PALMER: specifications. MR. BALZANO: MR. PALME. R: may not be. MR. NEALF.: But that doesn't necessarily refer to manufacturer's It doesn't say. They may be manufacturer's specifications or they Well, and the other thing about these is while these Page 24 16G June 25, 1997 may be the offense under which someone is charged, it's still the responsibility of the board to decide if the party has actually done what they're charged with and, I don't know, in the couple of years that I've been sitting here, I don't think I've ever seen anybody charged under 4.1.5 or maybe one case, I think. CHAIRMAN HAYES: That's what I was GoinG to say. MR. BALZAN0: But it's in there, is what I'm saying. MR. NEALE: Oh, yeah. Well, instead of the board you're talkinG about, if we have a case that we deem necessary for the licensing board to Go out and look at it, why can't you people Go out and look at it? M2R. GRESSANI: I think it would be very beneficial at times to settle the argument, to appoint a committee amongst the board of different ones of us that feel qualified to Go out there and look at a particular item of work and then say, well, yes, this does meet industry standards or it does meet the manufacturer's standards or, no, it doesn't. I'm not against doing that. MR. BARTOE: Well, that happeDed a couple of times. MR. P~J2~ER: There's case law that says that members of deliberative bodies like you who are making a decision as a judge are not supposed to go out and make these on-site inspections on your own. CHAIRMAN HAYES: Juries do. MR. PALMER: Well, no, no. Juries do with the judge in what's called, you know, going out to the on-site inspection, but I've seen some case law that says members of quasi judicial bodies, which this is, are not supposed to Go out and do their own inspection. MR. NEALE: The only way it could be done, frankly, to my understanding, is'the board all Get in one van -- - P~R. PAJ~MER: And Go out as a board. MR. N-F. ALE: -- and go out as a board. ~{R. PAL/~ER: Take a little trip. MR. NEALE: You couldn't even go two to a car because you may run into Sunshine law problems if you talk about the case while you're in the car, so theoretically you should all be in the van together. MR. PALMER: Yeah, and you're supposed to be able to decide what's presented to the board as a body so that everybody Gets the same evidence. The idea is that the person that's Gone out to inspect it has an inordinate weight on the decision of the other members. Whether he feels it's a violation or not a violation, he says, I inspected it and I'll tell you the rest of the members and I think one way or the other is considered in'weighing his testimony and that runs everyone into a problem, but staff could do all the inspecting at once. CHAIRMAN HAYES: That's what I was going to suggest is that if staff has that list of specialists that they can call on, between the specialists and the staff member himself making those visits, they can bring that data back to the board. MR. PALMER: And the easy case is to make the people get us photographs. Like this last gentleman that had the problem with the sprinkler system, that wasn't particularly that big a case, but it Page 25 16G 11 June 25, 1997 would have been much better if he had had some polaroids. CHAIRMA~ HAYES: Well, our boss is getting us a video camera, so. MR. GRESSANI: But how about how this subject is handled in arbitration? It's not a case of our going out on our own to a site and making an inspection. If the case came up like that, the plaintiff and both parties should be present when we are there inspecting the work. I don't see that we have to go in one van to the point and back, but that we should all be present at the site inspection with both parties in the case. MR. PALMER: Well, that's in litigation that you're supposed to have everybody there, sure. MR. GRESSANI: That's what we do in arbitration when it's necersary to have it done that way. What's the problem with doing it that way here? MR. NEALE: The problem is, in my opinion -- MR. PALM~R: It complicates matters. MR. NEALE: Yeah. Tom and I both did some research on it. My meaning is that since this is a quasi judicial governmental body, not a private arbitrator, you are much more similar to a jury than an arbitration panel and, quite frankly, you're more similar to the county commission probably than you are even to a jury and, you know, the county commissioners are not supposed to go out in pairs to look at sites and things like that if they're going to make a quasi judicial determination, so I would be cautious of it at best. MR. PALMER: It complicates matters and you'd have to make an appointment with the owner being there and the owner could De cantankerous and never be available and this raises these kinds of points. Actually~ we ought to get as much cooperation as possible ffo~ t~e complainant, including pictures and so forth, like that man did with that bad workup on the condominium down on Marco Island. I mean that was an open and shut case with those photographs and I think we ought to let the complainant carry a lot of this load himself or herself. MR. BARTOE: And also I think we have the staff to investigate and report on and testify on ninety percent of these cases. MR. PAL~ER: Yeah. Only these tradesmen -- it seems like if the county has a person that has the ability to go out and make a valid inspection, that person would have enough knowledge of the trade to know whether something meets or doesn't meet the standards. CHAIRMAN HAYES: Well, that's what we were just discussing, is that if we have certified inspectors in that area, we don't have a problem. Whereas, if we don't have certified inspectors in that area, for example, painting or tile, if some of our staff were painting contractors or tile setters in the past, perhaps they could be utilized as well. MR. NEALE: And I think that there's a possibility that, and I don't know if this county staff time would allow it, but having a county inspector, building inspector testify as opposed to -- if they're certified in the particular area, as opposed to the investigation staff might -- Page 26 168 June 25, 1997 MR. PERICO: That's not a problem now because we're all coming under the same one now. Building contractor license, building inspections, now we're one in the same. MR. BALZANO: But a lot of times we know more than the building inspector. CHAIRMAN HAYES: You're on record, Paul. MR. BALZANO: I'm just kidding. MR. NEALE: 4.1.24 is an addition. MR. PALMER: And I'll make that bolded M -- or take the bolding out. I don't know how that happened. MR. NEALE: 4.3.4.3 there was a piece that, it's happened a little bit in here, didn't get in but was suggested back long ago durinj our electrical case and I think it's something that we ought to consider. The language to be added was proposed'as, the county attorney and the representative of the respondent shall have all subpoena and discovery powers as provided in Florida Statutes Administrative Procedures Act in Chapter 489. The reason for that is while Tom and I have had some discussions on this, while there's no specific authority, there is certainly implicit authority and it would have made life a lot easier in getting some records if we would have been able to get a subpoena issued as opposed to going out and begging for it. CHAIRMAN HAYES: That's exactly right. MR. PALM~R: What section are we talking about? MR.. NEALE: Put it under 4.3.4.3. CHAIR/4A/~ HAYES: Just add it to that section. MR. NEALE: 4.3.10(sic), extended time to issue the decision. CHAIRMAN HAYES: 4.3,4.10. -~. NEALE: Yeah, 4.3.4.10. MR. PALMER: Page 54? MR. NEALE: Page 54. 4.3.5.6, Page 57, that gives specific authority to petition the board of county commissioners to authorize litigation to collect the money which was not in there before. 5.1.2, just a change in time again from ten to twenty-one days. MR. PALM2ER: I'm going to note that in the title. MR. BARTOE: Yeah, I knew there was another one we didn't get. CHAIRMAN HAYES: We knew there was one, yeah. }~. BARTOE: I couldn't find it. That's the one. MR. NEALE: And I think that's all the changes, all that I've got. MR. PALMER: Okay. CHAIRMAN HAYES: I don't remember any other discussions or changes. MR. BARTOE: Tom, are you going to need that -- MR. PALMER: No. I've got it on my C-drive. I can get this back to you within a couple of hours after I get the specific language on those two paragraphs. MR. NEALE: And I've got it right here. MR. PALPfER: So we are ninety-nine point nine percent there. CHAIRMAN HAYES: Should we as a board take a formal -- or we 1 I Page 27 16G June 25, 1997 can't. We don't have a legal quorum. MR. BALZANO: Yes, we do. We have a quorum. CHAIRMAN HAYES: Oh, yeah, we do. Can we move this approval along so that we don't have to wait for our regular meeting? MR. PAI24~R: You can authorize staff to -- does the board of county commissioners want to pre-approve this thing? CHAIRMAN HAYES: Yes. MR. PA124~R: All right. So we're going to get approval from the board to advertise and set a public hearing. You can just direct staff to get that process moving, to get it to the board on the consent agenda to authorize publication for a public hearing and we'll just move forward on it. CHAIRMAN HAYES: Okay. I need a motion to.approve our amendments as reviewed. MR. JOSLIN: So moved. MR. MEISTER: Second. CHAIRMAN HAYES: All in favor? Opposed? (No response) CHAIRMAN HAYES: Very well. And I need another motion to direct staff to proceed. MR. PAI24~R: To get authorization from the board of county commissioners to advertise for a public hearing. CHAIRMAN HAYES: I need that motion. MR. SCHOENFUSS: So moved. MR. JOSLIN: Second. CHAIRMAN HAYES: All in favor? Opposed? . _ .~No response) CHAIRMAN HAYES: Very well. Do we have any further business? I need a motion to adjourn. MR. MEISTER: I make a motion we adjourn. MR. JOSLIN: Second that one. CHAIRMAN HAYES: Before adjournment, staff will be allowed a copy of our minutes of this workshop. Adjourned. There being no further business for the good of the county, the meeting was adjourned by order of the Chair at 3:40 p.m. CONTRACTORS' LICENSING BOARD GARY HAYES, CHAIRPERSON Page 28 June 25, 1997 TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Angela Poteet Page 29 16G 11 June 16, 1997 TRANSCRIPT OF THE MEETING OF THE , ~U~ ~i~ L.. ~;.2,..~ CONTRACTORS' LICENSING BOARD Naples, Florida, June 16, 1997 LET IT BE REMEMBERED, that the Contractors' Licensing Board in and for the County of Collier, having conducted business herein, met on this date at 9:07 a.m. in REGULAR SESSION in Building "F' of the Government Complex, East Naples, Florida, with (he following members present: ALSO PRESENT: Gary Hayes Arthur F. Schoenfuss Robert P. Meister Richard E. Joslin, Jr. Humbert Gressani Gary R. Beaumonc Thomas Palmer, Assistant County Attorney Patrick Neale, Esquire Thomas Bartoe, License Compliance Officer Paul Balzano, License Compliance Officer Jim Schultz, Code Enforcement Investigator Hanco~k Constant t ne_ IMac'Kte ~ Berry Misc. Cofres: Date: Item/~ Copies l'o: Page i COLLIER COUN CONTRA ORS' LICE I BOAR DATE: June 16, 1997 TIME: 9:00 A.M. ~MINISTKATION BUILDING. ~OURTHOUSE COMPLEX ANY PERSON WHO DECIDES TO APPEA~ A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND %'HEREFORE MAY NEED TO ENSURE TF~T A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IV. Vo VI. VII. ROLL CALL ADDITIONS OR DELETIONS: APPROVAL OF AGENDA: APPROVAL OF MINUTES: DATE: May 21, 1997 NEW BUSINESS: 1. Andrew Fendrick - request a temporary license for "Ponds, waterfalls, & fountains" 2. Marcum J. Moore request to qualify a 2~d entity. 3. Robert F. Watkins - request to qualify a 2nd enitity. OLD BUSINESS: Discussion of ordinance Amendments PUBLIC HEARINGS: 1. CLB 97-004, Mr. McCarthy vs. Donald F. Belyea D/B/A Complete Coverage Landscapes & Irrigation, Inc. VIII. IX. X. REPORTS: None DISCUSSION: NEXT MEETING DATE: August 16, 1997 June 16, 1997 CHAIRMAN HAYES: I'd like to call this meeting of the Collier County Contractors' Licensing Board, June 16th, to order. Start out with, any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record indicates that testimony and evidence upon which an appeal is to be based. Roll call, starting to my right. P[R. GRESSANI: Humbert Gressani. CHAIR/WOkN HAYES: Gary Hayes. MR. JOSLIN: Richard Joslin, Jr. MR. SCHOENFUSS: Arthur Schoenfuss. MR. MEISTER: Bob Meister. CHAIRMA/~ HAYES: Do we have any additions Or deletions to the agenda this morning? MR. BARTOE: Mr. Chairman, for the record, I'm Tom Bartoe, licensing compliance officer. Under new business, we have Mr. Art Neumann. Is Mr. Neumann here? He requested last week to ~e added to the agenda, and the spelling of his last name's N-E-U-M-A-N-N, and his request is for a temporary license for ponds, waterfalls and fountains. And also under new business, Barbara Goodenough, and Barbara's here, and the spelling of her last name's G-O-O-D-E-N-O-U-G-H, and she requests to waive the experience requirements to obtain an air condition license. Another addition, under item 9, discussion, will be the pending ordinance amendments. CHAIRMAN HAYES: You Said that that was under what? -MR. BARTOE: The ordinance amendments, I believe, we'll put under item 9, discussion. CHAIRMAN HAYES: And we have it under old business, item 5 -- 6? MR. BARTOE: I'm sorry, I see we do. My mistake. CHAI~0kN HAYES: I do believe -- I remember something that we were going to discuss, the tree trimming section of our ordinance under discussion, that's -- MR. BARTOE: I think that can be discussed under ordinance amendments. We've included it in there. CHAIRMAN HAYES: Very well. Any other additions or deletions? MR. BARTOE: None by staff. CHAIRMAN HAYES: I need a motion to approve. MR. SCHOENFUSS: So moved. MR. MEISTER: Second. Meister, second. CHAIRMAN HAYES: All in favor? Opposed? (No response.) CHAIRMAN HAYES: Very well. Approval of the minutes of May 21, 1997. MR. MEISTER: I make a motion that we accept the minutes as presented, Meister. MR. JOSLIN: Joslin, second. Page 2 June 16, 1997 CHAIRM3%N HAYES: Any discussion? Ail in favor? Opposed? (No response.) CHAIRMAN HAYES: New business. MR. BARTOE: Mr. Andrew Fendrick, if you'd go to the podium, please. Mr. Fendrick requests a temporary license for ponds, waterfalls and fountains, and he can answer any questions the board might have. CHAIRMAN HAYES: Mr. Fendrick, I'd like to have you sworn in, sir. MIR. FENDRICK: Sure. (Speaker sworn in.) CHAIRMAN HAYES: Your name, sir, for the record? MR. FENDRICK: Andrew Fendrick. CHAIRF~AN HAYES: And you're requesting a temporary license? MR. FENDRICK: Right. CHAIRMAN HAYES: Okay. May I ask why? FIR. FFLNDRICK: Okay. I'm the president of Architectural Accents of Naples, Incorporated, which is a -- an importer of hand ca~-ved stone from Mexico, Italy and China. The bulk of our business is in water features. About 85 percent of the work we do is in -- in fountains, decorative fountains. We've been installing them around town since about 188 -- 1989, and I have quite a bit of experience doing so. In addition to being the president of Architectural Accents, I'm also the past president of the National Water Features Association, which also had an. interest in this licensing ordinance, as well as a pfe~ent board member on the Florida Water Wise Council -- Florida Water Wise Council. I -- I brought in a partial list of major projects that we have done that we give out to clients or potential clients to show them the kind of experience we've had, as well as a list of fountains we've done just in the Naples area, as well as one of our brochures to show you the kind of fountains that we do do, which I think would help explain what I'm asking for and what we've done in the past and show you some of our deals, if I could hand them out to you? CHAIRMAN HAYES: Any objection? Very well. MR. FENDRICK: I think that it -- I only brought four copies, so perhaps you can share one. Also, I don't know if you're familiar with the organization, but I thought I'd bring you a flyer from the National Water Features Association. We work with the water management districts and each of the water management districts in the state to have water features exempted from phase one and phase two water restrictions, since we knew that water -- water features didn't use a lot of water. However, the public perception was that they did use a lot of water, so we came up with this little information pamphlet so that the Page 3 16G June 16, 1997 water management districts could hand it out to people who were complaining about water features running while they weren't allowed to water their lawn, showing that it didn't use a lot of water, and we got each water management district to change their rules on phase one and phase two restrictions for water features. Anyway, I just recently found out about the new licensing ordinance and wanted to make sure that I could participate in it. We think that -- I think that, as a spokesman for the National Water Features Association, we think this is a good thing. Obviously, we want credible people putting up water features. We don't want water features put up improperly where they're using too much water or they're not built well, and of course, we want to see some sort of criteria used. We would also have some concerns, of course. We feel that water features are rather unique and that to let people build water features because they have experience in other areas isn't necessarily a good thing. CHAIRMAN HAYES: What are you licensed as now? ~R. FENDRICK: I don't have'a license now. CHAIRMAN HAYES: Of any kind? MR. FENDRICK: Well, I have an occupational license. About eight years ago when we first started this, I went around trying to get a license -- trying to get a permit, I should say. I couldn't get a permit because I didn't have a license. I didn't have a license because they only offered one in landscaping or pool. I d~dn't -- I wasn't -- didn't fall into either of those categories, and when we first started out, basically all that we did was assemble the stone, ygu_know. Our stone comes in in pieces. We just put it together. I mean, we didn't do anything more than that whenever we first started doing it, but more and more, people wanted us to do the whole package. Again, we -- I went through every -- I -- I came down here and got no relief. I went through every building in Lee County and, you know, finally they'd look at the drawing and say, well, you're not, you know, you're not using outside water, you're not -- you know, you're just recirculating the water, what do you need a permit for. I mean, this is -- this is the kind of thing that I ran into in the past. So in our contracts -- in our recent contracts, we did pull permits, for instance, for the Arthrex building which is right behind -- right behind -- on Horseshoe Drive, and I just had a pool contractor pull the permits and then, you know, had the inspections and everything else done, even though we did -- we did the whole thing. I mean, it was kind of -- I mean, we had the pool contractors, you know, blowing the gunite, but that was it, so it was -- it's been difficult. I mean, I don't know where -- there was never a category before -- there was never a classification that we could fit, so it was -- and then because we didn't have a license, we couldn't pull a permit and, you know -- so we'd have to get someone else to pull the permit so that we could continue. Page 4 16G June 16, 1997 CHAIRMAN HAYES: Mr. Bartoe, do you have any other information on this case or do you have any recommendation? MR. BARTOE: We have -- or you, the board, have issued a couple licenses in the past. We're planning on making this a -- a -- a license under the new amendments to the ordinance. If I could just read that section real quick, now that we have proposed -- on the ordinance I handed you, it would be on page 12. It would be section 1.6.2.8.1, non-recreational pond, waterfall, fountain contractor: Requires 24 months' experience, passing grade on a two-hour business and law test and means any person whose scope of work is limited to the construction of non-recreational ponds, waterfalls and/or fountains. However, the scope of such work does not include direct connections to a sanitary source system, potable water lines or to any electrical installation. That's the proposed new section. CHAIRMAN HAYES: And what we're going to do is consider granting a temporary license until such time that you can meet the qualifications of the new ordinance? MR. ATEALE: What had been done in the past was to issue a restricted license under a current category, typically we either -- I think we either did swimming pool contractor or, I think it was typically -- but restricted swimming pool licenses. MR. BARTOE: I believe that's correct. They issued a swimming pool license restricted to -- MR. NEALE: Restricted to ponds, waterfalls and fount.zins. CHAIRMAN HAYES: That's correct. Discussion and questions of the board? '-MR. MEISTER: When -- when we -- if and when we enact this new ordinance, there will be a testing requirement for them to take? MR. BARTOE: All that's planned -- all that is planned right now is the two hour business and law test. MR. MEISTER: Okay. MR. GRESSANI: Plus the experience? MR. BARTOE: Correct. ~. SCHOENFUSS: If Mr. Fendrick gets his temporary license now, how is that affected when this ordinance passes and this 1.6.2.8.1 comes into effect? How much time does he have after that to take the test and comply with the new ordinance and get the new type of license? MR. NEALE: That's a good issue and I think we need to look at that in the redraft of the ordinance to provide that kind of window, so MR. SCHOENFUSS: If we grant him a temporary license, it must be long enough to go through all that procedure to bridge the gap until the time when he can qualify and get his license in accordance with this provision of the proposed ordinance. MR. BARTOE: I believe in the past, and maybe you can correct me if I'm %~rong, Mr. Neale, with new sections -- new types of licenses, we have granted a grandfathering period without the testing as long as '1' Page 5 16G June 16, 1997 experience can be shown. MR. NEALE: Uh-huh. MR. BARTOE: We may have to add that to this. MR. NEALE: It does need to be added to the new ordinance. CHAIRMAN HAYES: At a workshop, the middle of the week, I think, last week, we removed that wording from a new ordinance section b~cause it was no longer needed. MR. NEALE: Uh-huh. CHAIRMAN HAYES: We could perhaps utilize that paragraph, or I think there were maybe two of them, plugged right into this section that would give the same allowance and time levels to do this one. MR. NEALE: Uh-huh. CHAIRMAN HAYES: The -- the temporary restriction time limit would be based on the wording for the grandfathering; is that correct? MR. BARTOE: Correct. CHAIRMAN HAYES: So we don't need to set the time limit for the temporary licensing? MR. GRESSANI: Well, from what I see and what I hear, I think that we should grant him his request for a temporary license. CHAIRMAN HAYES: Is that a motion? MR. GRESSANI: I'll make it a motion. I~R. MEISTER: Meister, second. CHAIRMAN HAYES: I have a motion and a second. .~ny further discussion? All in favor? Opposed? (No response.) CHAIRMAN HAYES: Very well, sir. I would suggest that you're tem~otarily licensed to pull the permits, to pursue fountains, ponds and waterfalls until such time as the ordinance, section 1.6.2.8.1 has the grandfathering limitations attached to it. MR. FENDRICK: Very good. MR. BARTOE: And Mr. Fendrick, you will have to stop at the office and get -- get an application from the secretarial staff and get it completed. MR. FENDRICK: Very good. Thank you very much. CHAIRMAN HAYES: Thank you, sir. Item number 2, Marcum J. Moore, request to qualify second entity. Mr. Moore, would you come forward, please?. I need to swear you in, sir. (Speaker sworn in.) CHAIRMAN HAYES: Your name, sir, for the record? MR. MOORE: Marcum J. Moore. CHAIRMAN HAYES: And your request this morning? MR. MOORE: I am looking to qualify a second entity under my current pool and spa license. CHAIRMAN HAYES: Would you explain? MR. MOORE: At this -- at this time, I'm qualifying Warner Corporation, which is a property management company. I'm working for them. They've contracted me to take over 54 accounts that -- that -- Page 6 June 16, 1997 MR. MEISTER: MR. MOORE: MIR. MEISTER: MR. MOORE: rigkt now. MCR. MEISTER: MR. MOORE: that they now own. What I'm looking to do is to branch out on my own, start my own pool and spa business. CHAIRMAN HAYES: Do you plan on continuing then to qualify the entity you're -- MR. MOORE: Yes, I do. MR. MEISTER: What's the name of the company you're trying to -- MIR. MOORE: Absolute Pool and Spa Care. MIR. MEISTER: That's -- that's the new one? MR. MOORE: Yes, sir. MR. MEISTER: Who do you qualify now? MR. MOORE: Warner Corporation. MR. MEISTER: You're an employee? MR. MOORE: Yes, I am. MR. MEISTER: Will you be an employee for Absolute? MR. MOORE: I will be sole owner of Absolute. MR. MEISTER: Oh, this is going to be your company? MR. MOORE: Yes, sir. MR. MEISTER: With Warner Company, do you have financial responsibilities, do you sign checks? (At this time, Mr. Beaumont entered the meeting room.) MR. MOORE: Currently I'm basically an employee, and the way the -- things go between myself and Warner Corporation is, as my company expands, I will slowly back out of Warner Corporation, but keep them under my license as I expand my own. Do you -- do you sign checks? No, I do not. Not as Warner Corporation, no. What --.what do you do for them? Do you do -- I am basically the pool and spa maintenance person So you're in the field then? Yes, sir. MR. SCHOENFUSS: If you're in the field all the time, to what extent do you have management responsibilities and to what extent do you mold the management policies of the corporation or the company that you qualify now? MR. MOORE: Warner Corporation, I have no say in that business. I'm basically just the maintenance -- CHAIRMAN HAYES: How long have you been the qualifying agent? MR. MOORE: Since March of this year. I have seven years' prior experience with Naples Pool Service. CHAIRMAN HAYES: Mr. Bartoe, .isn't there some affidavits or requirements that he does have something to do with the Warner Corp. to be the qualifying agent before he is allowed to be the qualifying agent? He said he's been doing that since March. I would have suggested his application and -- and paperwork at that point in time should have reflected basically the same paperwork that we have in front of us today for his new corporation. He stated on the record he has absolutely nothing to do with the management, business operations of Warner Corporation. Mr. Moore, the same requirements for that corporation exist as Page 7 16B · ' June 16, 1997 does your new c6rporation, ali of your,, licensing, app.~tcations,_ your affidavits, your bylaws, articles o: Incorporation, Including you as a principal in the organization are all the same existing requirements as one entity the same as the other. What my question is, my concern is that you're qualifying an agent -- a company at this point in time and you're not aware that you are the responsible party for that company. MR. MOORE: Well, I understand I'm responsible for the -- the pool end of it because they're working under my license. I understand that. CHAIRMAN HAYES: Well, do you also understand that you have the same requirements upon you as you do for your new organization, that is, financial obligations? MR. MOORE: Correct. CHAIRMAN HAYES: Very difficult when you don't have anything to do with that operation to be able to sign checks or to conduct business on behalf of that organization. As a qualifying agent, you have the same requirements for the Warner Corp. as you do for your new company, Absolute Pool and Spa C~e. There's no difference between the two in contractors' licensing's eyes regarding qualification. MR. MOORE: Okay. MR. SCHOENFUSS: It seems to me that we've got two issues here that are completely separate issues, but they -- they seem to run headlong into each other. It looks to me as if Mr. Moore has an excellent application for applying to qualify a company of his owen, and if this were a stand-alone thing and he had no previous affiliation with any other company, he could have gone down to the contractors' licensing and got a license on the strength of his excellent application. What we've done here is turn over a rock and uncover the fact that he's currently a qualifying agent for a -- for a company where things may not be quite in accordance as they should be, so to what extent should -- should we let that influence his new application, and does this put upon us an obligation to address an issue which is not that of qualifying a separate company, but what to do about the first one? MR. BARTOE: And on -- on the information he received, on June 2nd, he did sign that I, Marcum J. Moore, have been madm aware of all the requirements in Collier County ordinance 9434 that I must comply with so that I may qualify a second entity. I fully understand I will be financially responsible for both the first entity and second entity. CHAIRMAN HAYES: That was my question. On the first -- second -- third -- fourth page of our packet is an affidavit, Mr. Moore, that says exactly that, the undersigned hereby certifies that he will act only for himself or that he is legally qualified to act on behalf of the business organization sought to be certified in all matters connected with its contracting business. That same thing, that same &ffidavit needs to be applied to the Warner Corporation. b~R. MOORE: Okay. So basically what do I need to do to correct whatever is happening? Page 8 June 16, 1997 P[R. BEAUMONT: I -- I think, put in layman's terms, you have to be financially responsible for the previous company, and you're saying you're not, okay. MR. MOORE: Okay. MR. BEAUMONT: You've -- you've opened a Pandora's box, okay. You said that you're not financially responsible for the other company. That means you cannot be the qualifying agent for the other company. MR. BARTOE: That same affidavit's signed for the Warner Corporation in his -- in his packet that we have on file. MR. BEAUMONT: What -- what you may want to do is go back and rethink and talk to Warner and say to them, I have to be financially responsible for your company for me to qualify it -- MR. MOORE: Okay. MR. BEAUMONT: -- and then you might want to come back and reapply here in another month after you've determined that you are financially responsible for the Warner Corp. and then you can be again responsible for this company, okay. I think it would be against c~r ordinance to accept this second entity when you've just made a statement that you're not financially responsible for the first. We're trying to protect the public, and if -- if -- if you're the qualifying agent for this other company and they go bankrupt, you're saying that you have no control of that. You have no control over the books, no control of their checks. You're gonna end up in trouble. You'll lose your license totally. MR. MOORE: Right. MR. BEAUMONT: So the best thing to do is either quit the other company and start.your own company or work an arrangement out with the other company where you are financially responsible for that company. MR. MOORE: Okay. I understand. CHAIRMAN HAYES: I think the problem here, Mr. Moore, is that you signed an affidavit saying that you were financially responsible when you really didn't even know what you were signing. MR. MOORE: You're probably correct, sir. CHAIRMAN HAYES: If he's got an -- if Mr. Bartoe has an application on file for your original entity with that affidavit signed, ouch. Now, also, if I'm not mistaken, on an application to -- to qualify a company, isn't it the same requirements, and that is, that the articles of incorporation, et cetera and so forth, have to be part of that application, Mr. Bartoe? MR. BARTOE: Yes, they're in' here for -- CHAIRMAN HAYES: I'm sorry, for the original -- for the Warner Corporation, when he went down in March and qualified -- asked to qualify the Warner Corporation, didn't he have the same packet of paperwork requirements as he does to qualify a second entity? MR. BARTOE: Well, not exactly the same. His packet has the bylaws of the Warner Corporation included with it. CHAIRMAN HAYES: If I'm not mistaken, the reason to require the packet of the bylaws of the corporation is to have proof on record Page 9 168 June 16, 1997 that he is part of that organization. MR. BARTOE: I don't believe that's required. CHAIRMAN HAYES: Well, why is it required for a second entity? MR. NEALE: No, the articles are required for an original application for a business organization, either articles of incorporation or -- a copy of the certificate of incorporation or proof of a recorded fictitious name. It also, since typically in articles of incorporation, you don't necessarily have the officers and directors listed in there, we also require that names and addresses of all partners, directors and officers are included, can be on a separate form or whatever, but that also is part of the required application for a qualifying business organization, be it a first or second entity. CHAIRMAN HAYES: I understand. What I'm trying to do, Mr. Moore, is we're looking at a little housekeeping at the same time. You should have been made totally aware of your responsibilities and obligations when you qualified the first company, and I want to make sure that this procedure is a wakening to those that are not concerned about how many organizations in Collier County today have licenses that have no idea that they -- they're involved all the way to the bottom of their pocket. That's disheartening, because just like Mr. Beaumont explained, you could be in trouble and not even know it. MR. MOORE: Right. MR. NEALE: I think it may be appropriate to refer Mr. Moore to the ordinance, section 2-182 12L, which is the section that this board usually uses to determine the person being legally qualified to act for the business,.and that includes you have the authority to s~pWrvise construction. Proof that you're legally qualified includes, but is not limited to, authority to sign checks, training and supervision of employees, hiring and firing of employees or other actions indicating active involvement in the business organization, so -- MR. MOORE: Okay. Well, I don't have the -- the check signing ability, but I have hired my own back-up help and -- and training in that. I don't know if I have the -- the right to fire him or not, but -- CHAIRMA~ HAYES: I am concerned that you get your house in order on the original qualification before we risk approving a second entity qualification to an individual that is already in violation of the ordinance. MR. MOORE: I understand. MR. GRESSANI: What -- pardon me. What should we do about the privilege of pulling permits by Warner at the present time from what we're hearing? That's what's bothering me. ~ MR. JOSLIN: What actually does Warner Corporation do? What do they do? MR. MOORE: Basically they're, like I said, a property management company. They're hired to keep property -- maintenance of properties, including like keeping the buildings clean of cobwebbing and just all Page 16G June 16, 1997 around maintenance of these buildings that hire them. ~R. JOSLIN: And in turn they're doing the pool -- MR. MOORE: They're offering the pool -- MR. JOSLIN: Which you would do that yourself then? MR. MOORE: Yes, sir. MR. SCHOENFUSS: Do you know whether or not the Warner Corporation has anyone else properly licensed to qualify that corporation in the type of work for which you qualify it now? MR. MOORE: As far as I know, they do not. CHAIRMAN HAYES: Mr. Moore, what kind of a license do you have? MR. MOORE: Currently, I have the Collier County occupational and a Lee Collier -- a Lee County occupational license. CHAI~4AN HAYES: For? MR. MOORE: Pool and spa maintenance. CHAIRMAN HAYES: Pool and spa maintenance? · MR. MOORE: Yes. MR. JOSLIN: The application is asking for a pool, spa maintenance and repair license. MR. NF3~LE: Yeah, my -- my q%restion, I guess, that comes to my mind is, is this gentleman licensed in any way, shape or form under the Collier County contractors' licensing ordinance? MR. BARTOE: Class C swimming pool, which is yourmaintenance. CHAIRMAN HAYES: Class C? Is that the description under 1.6.2.97 MR. NEALE: Because in the ordinance, I don't think we have a class C -- CHAIRMAN HAYES: Well, that's why I'm asking. I don't know what class C means. MR. BARTOE: .The state classifies them A, B and C; commercial, residential and maintenance. MR. JOSLIN: Does the maintenance license allow you to do repair work? MR. BARTOE: Right, section 1.6.2 -- MR. NEALE: Is -- is he state licensed? Because, I mean we've got -- MR. BARTOE: That, I don't know. MR. NEALE: That's the query is -- you know, is -- is it even appropriate that this gentleman is here if he's not licensed under Collier County -- MR. BARTOE: He is licensed under Collier County with the section that we just read. CHAIRMAN HAYES: Swimming pool, spa -- MR. NEALE: Servicing contractor. CHAIt~MAN HAYES: -- servicing contractor. Very well. Do I have a recommendation from the board? MR. BEAUMONT: I make a motion that we table this -- this request until next month and allow Mr. Moore to talk to his present employee -- employer and correct the problem. MR. GRESSANI: I'll second that motion. CEAI~ HAYES: I have a motion and a second. Any further discussion? Page 11 June 16, 1997 Ail in favor? (Unanimous vote of aye.) CHAIRMAN HAYES: I would suggest that you bring it back -- your -- your packet for the second entity is very, very complete and adequate, and had your house been in order on the previous one, we wouldn't have had a problem with this. I would suggest that you get your house in order, come back with this application and approach the board again next month. MR. MOORE: Thank you. CHAIRMAN HAYES: Next item, Robert F. Watkins, request to qualify second entity. Mr. Watkins, are you here? MR. WATKINS: Yes, sir. CHAIRMAN HAYES: We need to have you sworn'in, sir. (Speaker sworn in.) CHAIRMAN HAYES: Your name for the record? MR. WATKINS: Robert F. Watkins. CHAIRMAN HAYES: And your request this morning? MR. WATKINS: To qualify my'~econd company, which is a drywall/stucco type company. CHAIRMAN HAYES: What company do you qualify now? MfR. WATKINS: Aetna Construction, Incorporated. CHAIRMAN HAYES: Is that a general contractor? MR. WATKINS: No, it's the same thing, a drywall/stucco company. I own both. It's a corporation, but I own both. CHAIRMA2~ HAYES: You own both? And what's your need for having a second company? MR. WATKINS:. Strictly for an insurance type reason. Actually, the ~c~mpany I'm hoping today to get myself tied on with again formerly had a license here, but a few years ago, it dropped off, and I just want to reinstate the license, get requalified for the second company. CHAIRMAN HAYES: Were you the original qualifier? MR. WATKINS: Yes, I founded the businesses in 1968. CHAIRM3~; HAYES: Both businesses? MR. WATKINS: Aetna Drywall Contractors, 1968. Aetna Construction, I think, in the mid 80's. Both do the same identical work. CHAIRMAN HAYES: Mr. Bartoe, do you have anything.to add? MR. BARTOE: No, sir. MR. GRESSANI: I don't quite understand the insurance question that you've presented here. What..is the conflict? MR. WATKINS: If one company has an accident, like a general liability claim, that has an effect on that company for several years, obviously. 9~ereas, if the other company doesn't have a problem like that, it doesn't affect them. MR. GRESSANI: But you start off at the highest rate in the second company? MR. WATKINS: Under general liability, the rate is pretty much similar. It's just the history, if you've had an accident or you've done damage -- I shouldn't say an accident, that's worker's comp. My Page 12 168 ~e 16, 1997 worker's comp is like .81. I've got excellent worker's comp in all my businesses, but from a general liability point of view, for example, your truck hits somebody and it costs ten or $20,000, that's in your record, so when you renew every year, they look at your history, so to speak, and then they charge you accordingly. MR. GRESSA~;I: Have you had any accidents like that? MR. WATKINS: Nothing of a significant nature, no, sir, but you have things like you turn in tools that are stolen, things like that, and that you build a history, and therefore, your insurance rates at renewal go up because of that factor. MR. GRESSANI: Do you have a deductible on tools that might be stolen? MR. WATKINS: I do, yes, a $500 deductible. MR. GRESSANI: Is that all? MR. SCHOENFUSS: Is the only reason for doing this to get a lower insurance rate? MR. WATKINS: Yes, sir. MR. SCHOENFUSS: How often can we -- can any of us keep starting new companies and reduce our insurance rates? MR. WATKINS: It isn't a new company, sir. It's been in business since 1968. MR. SCHOENFUSS: Oh, that's right. Okay. MR. WATKINS: It just has not had a license in Naples for three or four years. C~IIR/W~AN HAYES: Has it been in business anywhere? MR. WATKINS: Yes, it has a license on the east coast of Florida. CHAIRMAN HAYES: So it is a current corporation? You have been -- -MR. WATKINS: Oh, yes. CHAIRMAN HAYES: -- you have been filing the current paperwork with the state? MR. WATKINS: Oh, yeah, absolutely, since 1968. Originally it was a unionized construction company, and then as the unions left the business, we formed the second company, which is a merit shop type deal. That's -- that's the history of the -- of the business. MR. GRESSANI: I don't see any problem with granting him his request. I'll make that a motion. MR. MEISTER: Meister, second. CHAIP24AN HAYES: I have a motion and a second. I would, however, ask to -- some explanation as to the $1,443 on an account reported back in November of '96 for building materials that is over 90 days. MR. WATKINS: Frankly, I -- I really don't know without checking with the treasurer. CHAIRMAN HAYES: The rest of the report seems substantial. Are you aware of your credit report -- MR. WATKINS: Yes, I -- CHAIRFLAN HAYES: -- that's part of this packet, Lumbermen's of Florida? MR. WATKINS: Yes, I am, sir. Page 13 16G June 16, 1997 CHAIRMAN HAYES: You don't have a copy in front of you, do you? bfR. WATKINS: No, sir, I do not. CHAIRMAN HAYES: The way I read the report, I show one, two, three, four, five past dues; one from Sears, one from American National, Jaguar, TransOhio? MR. WATKINS: TransOhio? CHAIRMAN HAYES: Yes. FIR. BEAUMONT: He's got a one rating. MR. WATKINS: I'm not really good at reading these. guide me to it, I'll be happy to respond, sir. CHAIRMAN HAYES: I think we're okay, according -- MR. BEAUMONT: It says balance, zero. CHAIRMAN HAYES: Yeah, it says balance -- MR. BEAUMONT: It says balance, zero, and When -- when you have a one rating on a credit report, that's very good. CHAIRMAN HAYES: I was one column removed. One column makes all the difference in the world. MR. WATKINS: You'd think that they'd put these things in English, wouldn't you? Because u2Iless you're an expert, you can't read the darn things. CHAIRMAN HAYES: Very well. I have a motion and a second on the floor. Any further discussion? All in favor? Opposed? (No response.) CHAIRMAN HAYES: Very well, sir. Mr. Watkins, we don't have a problem with it. If you'll finish up with the paperwork with Mr. Bartoe. -MR. WATKINS: Thank you, gentlemen. CHAIRMAN HAYES: Next item, Art Neumann, request temporary pond, waterfall, fountain license. Mr. Neumann, are you here? MR. NEUMANN: Yes. CHAIRMAN HAYES: I need you sworn in, sir. MR. NE~4ANN: Yes. (Speaker sworn in.) CHAIRMAN HAYES: Your name, sir, for the record? MR. NEUMANN: My name is Arthur John Neumann. CHAIRMAN HAYES: And your request? MR. NEUMANN: My request is to obtain a temporary -- the ability to pull permits to design and construct non-recreational water features. I have some exhibits that I'd like to distribute, if I could, defining my -- some of the projects that I've been involved with. Can I hand them out at this time? CHAIRMAN HAYES: Any objections? MR. GRESSANI: No. MR. NEUMA/TN: I'm a landscape architect in Collier County. I'm licensed as a landscape architect through the State of Florida through the Department of Professional Regulation. I'm also licensed in Collier County and licensed as well in the City of Naples to perform If you could Page 14 16G June 16, 1997 -- practice landscape architecture. I've had my own landscape architecture design firm for approximately four years. Prior to that, I worked at Wilson, Miller, Barton and Peek where I was vice-president. I worked there for seven years before going into my own practice. I've been involved with -- with water features design since I began practicing landscape architecture. What I mean by water features would be basically fountains, pools, ponds. What I'm asking to do today is to have the ability, as I stated earlier, to obtain the capability or qualifications to pull permits. The reason for this is, in my past experience, I first started doing water features design just doing the layout work and construction details and specifying materials. That work then, typically, was performed under a general contractor. I realize, you know, problems have developed there where we're allowing the pool contractors to have their own, you know, structural engineers design concrete walls, et cetera, and to also construct both formal features and natural using their -- their qunite practices. Because of problems that de~lop there with -- with quality of work, I then decided that I would actually get my -- hire structural engineers to do my structural work for me. That worked out well and I did several projects. Hcwever, I've realized that shortly after that then, problems occurred with -- with hydraulics. I then became proficient in doing hydraulics design and sizing pumps and pipes, et cetera, and really getting involved with the detailed design of, you know, these entire features. At this point in time.-- well, recently, two years ago, I realized that pool contractors really are good at doing some features b~c~u~e of the type of work that they typically do, which is the shot crete process, but others, carpenter types need to do the form work and concrete masons do actual concrete pouring for slabs and things. As a result, we end up getting several different entities or design professionals involved in these features and really I, because of my background and the type of business I do and -- and -- and most of my work is -- is word of mouth and not through advertisement, I felt it necessary to try to maintain the quality of the work that's being done, and I feel that I can do that by pulling my own permits and being directly responsible or having these contractors directly responsible for me. I feel I can provide a better product. I also understand that, at this point in time -- actually, I'm not really clear on -- I know that a commercial pool contractor and a pool contractor -- a commercial pool contractor can pull permits for commercial work, as well as, you know, residential work, and that a general contractor can also pull a permit to do a fountain, whether it be residential or commercial. I see the fountain work -- some of it is integrated with pool construction, some of it is not though. Some of these features are stand-alones. I'm not trying to do the work that a pool contractor typically does because I'm not a pool contractor. What I want to be able to do is -- is to be able to hire the people to actually construct water Page 15 16G 1 June 16, 1997 features, and I use the word water features because it's really -- sometimes there's formal type fountains where you'll have a three tier bowl in the middle of a -- of a basin. To me, that's more of a formal fountain. You also have natural type fountains that I refer to on my list of -- of projects, the natural features are typically, you know, curved lines with rock integrated with them. That's more of a natural feature where you're trying to imitate nature. The projects that I have been involved with most recently are Windsor Court, which was just -- is now under construction on Goodlette Road, and then there's several other large projects, Newgate Center on U.S. 41 just south of Pine Ridge Road, and there's several large residences that have extensive water features associated with pools and also stand-alone features. Some of the more commercial work, development type work was Vizcaya in Bay Colony, I designed -- while at Wilson, Miller, designed that water feature at Vizcaya, and again, Villa Floresta, so there's -- there's quite a few. I also was a superintendent'For a year for a developer and was involved in overseeing this one project called Park Shore Towers Condominium. That's -- as far as -- I'm not trying to have the ability to do any electrical work. I'm not qualified to do that. I don't, you know -- I don't want to be able to do that. I would, you know, would need, obviously, an electrical contractor to pull permits to do electrical work, and I understand that hydraulics or the -- the water supply is another issue. I'm not quite sure how we deal with that, because typically the water that's being supplied to these features is already -- has back flow prevention, you know, at the meter, so I'm not sure they're -- with that, I'll end and I guess open for questions. CHAIRMAN HAYES: Mr. Neumann, our temporary grant would be of a temporary and restricted nature, to begin with. As we have earlier in the year, we didn't mention it on the record at our last temporary license grant that we just came up with earlier today, but that is a restricted license, for the record, and that would be exactly what we would be considering granting you today is a restricted pool license strictly for the nature of fountains and waterfalls until such time as you could qualify for the amended ordinance license requirement. MR. SCHOENFUSS: Mr. Neumann, right now you're a landscape architect, I believe -- MR. NEUMANN: Yes, sir. MR. SCHOENFUSS: -- and that's a professional category. That's a professional design activity and you're applying for a license -- a temporary permit, whatever it is, a license in one of the various categories of contracting work. b~. NEUMANN: Yes, sir. MR. SCHOENFUSS: Now, in your testimony a few moments ago, you said you wanted to be able to hire people. Now, if you hire people to do this, to build these ponds or fountains, which you'd be qualified to do if you get this qualification, would you hire them as employees Page 16 16G.1 I June 16, 1997 or would you hire them as -- as subcontract -- subcontractors? MR. NE[MANN: No, these persons would be hired as subcontractors. MR. SCHOEATFUSS: Well, if they're hired as subcontractors, are you aware of the fact that they, in turn, would have to have their own licenses to do this type of work? MR. NEUMJLNN: Oh, sure. Yes, sir. P~R. SCHOF24FUSS: Okay. Thank you. CHAIRMAN HAYES: What's the pleasure of the board? MR. BEAUMONT: I've got one question. Newgate Center, were you involved in the -- I know you were involved in the design, but were you involved in the construction? I was aware that Rock Scapes International did that. MR. NEUMANN: Well, actually, there were two companies that did that. Rock Scapes International was the company that directly contracted and -- and the work that I've typically done here is work that, one, is either some of these have been hired by general contractors, some of this work that I specify as water feature projects is work that was done by people directly hired by owners as well. Newgate Center was -- the persons were directly hired by Executive Development Corporation. Rock Scapes only did the natural water feature there. Another company out of -- through Wesco Fountains actually was the company that did the work on the formal fountain, those two projects right there. I was hired there to do site obse~-vation work on that particular fountain and was not involved in, you know, day-to-day construction management on that particular job. One of the things, too -- and that's one of the reasons why -- that -- that is one of the projects tha~ I look at as the reason why I want to be able to have the ability to oversee the construction; one, there were two different entities involved for the owner on that project. There were some coordination problems with those two companies. There was also some conduit -- there were conduit problems with that company as well with -- you know, there were some lighting conduits that didn't -- there were just several issues that made me think that, hey, this is not the way it should be, because a lot of fountains have gotten -- you know, fountains, typically, to a lot of people that have had experience with them, are -- are bad news because there's always problems associated with them, and that's one of the reasons why I want to be able to, you know, oversee this work and get to get this work implemented was -- is so that, you know, there aren't bad jobs out there. I'm not -- I'm not in the -- the business typically to just go -- my clientele has been more of the -- the person that wants quality type work, and that's kind of my basis for my -- for my decision making is -- is providing quality. Does that answer your question, Mr. Beaumont? MR. BEAUMONT: Yes. CHAIRMAN HAYES: The pleasure of the board? MR. SCHOENFUSS: Do we have a motion on the floor? CHAIRMAN HAYES: No, sir. Page 17 16G 1t June 16, 1997 MR. SCHOENFUSS: I move that we grant Mr. Neumann the license for which he's applying in accordance with the -- I think we ought to repeat possibly some of the terminology we used for some of the preceding applicants for the very same classification. How do we word that? MR. NEALE: Well, it's a -- what you're doing is granting him a -- excuse me, a restricted certificate of competency under section 22-189 of the ordinance, and it's a restricted swimming pool license for the purpose only of doing ponds, waterfalls, et cetera, and is restricted in that you can't hook up to potable water and any electrical has to be done by an electrical contractor. MR. SCHOENFUSS: That's good wording. I so move. MR. GRESSANI: I'll second it. CHAIRMAN HAYES: I have a motion and a second. Any further discussion? All in favor? Opposed? (No response.) CHAIRMAN HAYES: Very well, Mr. Neumann. This is a temporary license and it is restricted, and only until such time as the new non-recreational pond, waterfall and fountain contractors' license is effective. MR. b~LrMANN: Thank you. I understand. CHAIRMAN HAYES: Very well, sir. MR. NEUMANN: Thank you for your time. CHAIRMAn; HAYES: Barbara Goodenough. I need you to be sworn in, please. (Speaker sworn in.) 'CHAIRMAN HAYES: Your name for the record? MS. GOODENOUGH: My name is Barbara Goodenough. CHAIR/W_AN HAYES: And your request this morning? MS. GOODENOUGH: Okay. I'm president of Dixie Plumbing currently, and my request is to ask for a variance to the four years' hands-on exlDerience to obtain a -- an A/C license to expand our service business into the A/C area, contracting area. The reason we're doing this is because several times we go out on a service call and it's water, everybody thinks it's a plumbing situation. Very frequently, it turns out to be an A/C problem and we can't help our customer. We have two service techs that are qualified in both plumbing and A/C, so they can do either work, but still we can't do the work. Now, in my engineering background when I worked up north for seven years for a company up there, it was called TKS Industrial Company, we designed the paint finishing systems for the major car manufacturers, and while doing that, we designed large air supply houses, bake ovens and things like that, so I have a great deal of fan sizing, duct work sizing layout, gas piping, gas drain sizing and I have a -- a wide range of experience. I did go and take the Block exam. I did pass the Block exam, and many of the employees that I worked with back then either have gone Page 18 16S 1{ June 16, 1997 their separate ways with other companies, because my company has relocated, or some of them have passed away, and to verify my five years of experience or -- what I'd like to do is replace my four years that the county requires on hands-on service experience for the A/C and use my engineering degree in the same manner that the state would permit me to do that for a state license. MR. BEAUMONT: What engineering degree do you have? MS. GOODENOUGH: I have a mechanical engineering degree from Newark College of Engineering in New Jersey. MR. MEISTER: Did you say you're -- there's a plumbing company right now? MS. GOODENOUGH: Yes, that's correct. MR. ~fEISTER: Do you qualify that company? MS. GOODENOUGH: Yes, I do. MR. ~fEISTER: You have the license? MS. GOODENOUGH: I have a Collier County license, yes, uh-huh. I'll be getting the state shortly. MR. BEAUMONT: And you say you've already passed the A/C Block exam? MS. GOODENOUGH: Yes, I did. CHAIRMAN HAYES: ?~at was your score? MS. GOODENOUGH: Seventy-eight. CHAIRMAN HAYES: That works. MS. GOODENOUGH: It's been a while since I've done A/C. MR. NF2%LE: We -- we do have a section in the ordinance that does permit substitution of the experience for -- or education for experience. It's section 22-183C, and it says education at an accredited school.may be presented to satisfy a portion of the expeYi'ence requirements of the section, specifically each full year of school level work in the trade for which application is made shall be credited to the applicant as 0.75 years experience, but such credit shall be for no more than one half of the total experience required, and that's our specific language. CHAIRMAN HAYES: Exactly what license are you applying for? MS. GOODENOUGH: I did apply for the A/C, A, class A. CHAIRMAN HAYES: Class A? MS. GOODENOUGH: Yes, because that's mainly the equipment I worked on, the large -- but our purpose for use of the license would be primarily for service work in the area. MR. NEALE: The requirements under A/C A are 36 months' experience as a licensed journeyman or equivalent with a passing grade on the six hour test and a passing grade on the two hour business and law. CHAIRMAN HAYES: Class A license allows you to design and install air conditioning systems. MS. GOODENOUGH: Uh-huh. MR. BEAUMONT: How many years have you been with Dixie Plumbing? MS. GOODENOUGH: Three years. Just about three years, within a month or two. CHAIRFJtN HAYES: Your basic desire, however, is to be able to Page 19 16G June 16, 1997 service an air conditioning system, when actually you're out there on a plumbing service call? MS. GOODENOUGH: That's correct, to -- to help our customers both in the A/C area as well as the plumbing area. We're not trying to change our business, just expand it. MR. NEALE: The -- I'd just like to bring to the board's attention, under that same generalized section of 22-183, under section B, to determine if the applicant possesses the experience required, there are certain forms of proof of experience to be considered, and those are affidavits from former employers, copies of other certificates of competency, affidavits from any building director where they may have worked prior, affidavits from union organizations or affidavits from any other source within the trade applied for, and at least as far as I know, we don't have any evidence on the record at this point. MS. GOODENOUGH: I would have no problem providing the affidavit that I did work in this area on that type of equipment for the time provided. CHAIRMAN F~YES: My thought~TM, Mr. Bartoe, class C air conditioning license is limited to the servicing of air conditioning, heating and refrigerating systems. Would that more adequately fit her request or her needs, at least, for her request? MR. BARTOE: As long as her request is just servicing. What test did she take and pass? MS. GOODENOUGH: But I would have no problem with that because our intentions are for service only at this -- at this point in our growth and development. MR. BEAUMONT: Will the A cover the C license? -MR. BARTOE: I would think so, Mr. Beaumont. CHAIRMAN HAYES: Yes, the A covers the C, from what I'm reading. However, the C wouldn't allow her to build and install new systems. I think it may even be possible that in the granting of a C license, based on her experience for services -- for -- for service work, that after another year of -- of that license holding, she may still yet formally qualify for a class A license. MS. GOODENOUGH: Let me ask you this. On the class C, if we do a repair job, pull out the old unit, we are permitted to install a new unit; would that be correct? CHAIRMAN HAYES: Limited to servicing of air conditioning, heating and refrigerating systems including duct alterations in connection with these systems. MS. GOODENOUGH: We would not be able to install a new unit; is that correct? MR. GRESSANI: Well, I believe servicing would include installing a replacement unit. CHAIRMAN HAYES: Yes. MS. GOODENOUGH: Okay. That was my question. CHAIRMAN HAYES: And the duct work as well. MR. GRESSANI: Yes. CHAIRMAN HAYES: Yes. Page 20 16G June 16, 1997 MR. GRESSANI: I think that if Miss Goodenough submits a full and complete application to fulfill all the requirements and comes before us again, I think that we would be in a position to grant it. MR. BARTOE: I know in the past, we had a class C cited to court for installing, and it held out because it doesn't say install. Class B and A says install. M~. NEALE: Yeah, I -- I concur with -- with -- pardon me, with what Mr. Bartoe is saying is there's -- there's nothing in there that says installing these systems. It is solely servicing, and I think it -- it's a stretch to say that, you know, unless you're pulling out a motor and putting in a new motor or something like that, that may be deemed to be servicing, but pulling out an old unit and putting in a brand new unit, I think that's, as Mr. Bartoe says, one big stretch. CHAIRMAN HAYES: That may be, however, but'I would have a very difficult time if I went out on a service call and found out that the entire system was burnt up and my recommendation was a new system and I had to leave the job and have her hire a new contractor to do so. MR. GRESSANI: I don't really think that you're stretching a point. You're not putting in a ~e=w system, a complete system. You're not there contracting to put in a complete system. Wl~at you're there for is to rectify a problem, and if the problem turns out to be that the air handling unit needs to be replaced, I don't think there's a stretch point there. Take out the old unit and hook up the new unit. You're not changing very much. You're not redesigning or installing a complete new system. MR. SCHOENFUSS: What's the basic issue here among class A, class B, class C in -- in Miss Goodenough's case, is it the issue of the exam or is it the. issue of the experience? -MR. BEAUMONT: The experience. CHAIRMAN HAYES: The experience. The exam, she is -- MR. SCHOENFUSS: Does the county ordinance have anything in it equating accredited college work with field experience the way the state does? MR. BEAUMONT: It's only good for half. CHAIRMAN HAYES: Yes, it does. Mr. Neale cited it to us earlier. MR. SCHOENFUSS: Yeah. So how come experience is a big issue? MR. BEAUMONT: It's only good for half of her experience. The other half has to be in the field, and I think -- MS. GOODENOUGH: Well, may I answer the question? On small projects, you know, half a million dollar projects, I did the initial design conception. I filed the fabrication work. I did the start up -- the field installation, the start up, troubleshooting and the complete package from start to finish as a project manager. On the larger projects, which were forty-four million, and these were -- these were heaters, fans, ducts, blowers, ducting, complete inclusive, including the gas drains. On the larger projects, which were forty-four million dollar projects, I worked as part of the project team in sizing the chillers, the -- the heating units and the fans and the whole package. MR. BEAUMONT: Can -- can you get a letter of -- Page 21 16G .1 June 16, 1997 MS. GOODENOUGH: I certainly can. That won't be any problem whatsoever. MR. BEAUMONT: On that basis, I don't see a reason we couldn't accept her college and her work letter from the previous employer, and even -- I -- I personally feel that if you've worked for Dixie for three years, that tends -- once you're in a construction field and you're at every sub meeting and you're discussing A/C at every sub meeting, I mean, you pick up a certain amount of knowledge along the way, field experience. I think both letters would satisfy the -- the experience requirements for this license. MS. GOODENOUGH: I'm not familiar with the terms affidavit and that. If I had a registered letter signed and notarized, would that -- that be acceptable? MR. NF2%LE: Yes, as long as they had sworn'-- MS. GOODENOUGH: Okay. How many people would I need, just one per~on or two people or -- MR. NEALE: Really, you know, however -- the more, the better, but certainly, you know, there's no specific number. MR. BEAUMONT: You worked wfch one company up -- up north? MS. GOODENOUGH: Huh? MR. BEAUMONT: You worked for a company previous to this? MS. GOODENOUGH: Previous to this, I worked for them for seven years. MR. BEAUMONT: A -- a letter saying that you worked for them for seven years, and I would recommend you bring a letter from Dixie also that you've been there for three years and that -- that at least sets the picture, plus a copy of your degree. CHAIRMAN HAYES: Is that in the form of a motion, Mr. Beaumont? -MR. BEAUMONT: That's in the form of a motion. MR. NEALE: Is this for an A or a C or -- MR. BEAUMONT: I would say a class A, because the C, a week from now, she could be in front of this board for replacing a unit, and I don't think that's fair if -- if she's passed the exam and she's met the experience requirements, we should let her -- as long as she meets all the other requirements of the license, she should be granted a class A license per her exam. MR. MEISTER: Meister, second. MR. GRESSANI: I'll second that. CHAIRMAN HAYES: I have a motion and a second on the floor. Any further discussion? All in favor? Opposed? (No response.) CHAIRMAN HAYES: Motion carries. MS. GOODENOUGH: Thank you very much. CHAIRMAN HAYES: You do, however, Miss Goodenough, have to meet all the qualifications of the ordinance and have the affidavits signed and in your packet prior to the issuance. MS. GOODENOUGH: That's fine. CHAIRMAN HAYES: Anything else, Mr. Bartoe, on that? Page 22 I6G. June 16, 1997 MR. BARTOE: No, sir. CHAIRMAN HAYES: Very well. Old business. Discussion of the ordinance amendments. MR. NEALE: Mr. Hayes, if -- if I may, I would suggest that we change the order of the -- change the batting order a little and get the public hearing out of the way before we start talking about ordinance amendments. It might simplify it since we have a member of the public here for the public hearing. CHAIRMAN HAYES: Any objection to going on to the public hearings and coming back to the ordinance? MR. BARTOE: Does the reporter request a short break before we start? CHAIRMAN HAYES: Very well. Then we'll move along to the public hearings. Contractors' Licensing Board 97-004, Mr. McCarthy versus Donald F. Belyea, D/B/A Complete Coverage Landscape and Irrigation, Inc. Can we proceed with this? M~. BARTOE: Mr. Chairman, the correct pronunciation of the contractor's last name is Belyeai' CHAIRMAN HAYES: Correction noted. Thank you. Mr. Palmer? MR. PALMER: Yes, sir, this -- the charges are four separate charges against the respondent; abandoning a construction project after -- basically not coming back to do the work after 90 days; departing from the specifications; committing mismanagement in that at least one, if not two liens were filed against the -- by sub materialmen and suppliers that had to be paid off directly by the own,Jr; and failing to correct faulty workmanship. - Essentially, the -- the plaintiff or petitioner entered into a written contract. The contractor did not fulfill the responsibilities, basically abandoned the job, had the liens filed. He had to take care of the liens by paying the materialmen and suppliers directly, and the job, to this day, does not meet the plans and specifications, except to the extent that Mr. McCarthy took care of it himself by paying independent individuals to take care of the job, and a number of the exhibits in the composite exhibit here will explain the details. Mr. McCarthy, would you be sworn in, please, sir. ~. BARTOE: Before we proceed, I'd like to inform the board, in regards to this matter, I did not hear from the respondent, Mr. Belyea, until approximately eight..o'clock this morning and he said he had to be in court at 8:30 for another matter. Mr. Schultz checked with the courts to see where he had to be and I sent Mr. Balzano to see if we could get his proceedings over there expedited so that he could make it over here, and Mr. Balzano stopped in and told us he couldn't find him on the docket when he got over there. MR. PALMER: Well, the point is, was -- was the respondent notified of the -- that this hearing would be held this morning? MR. BARTOE: He was notified and certified m~il was sent out within the time period specified. Page 23 16G 1' June 16, 1997 MR. PAI24~R: Okay. The -- as far as the -- I mean, obviously we can proceed ex parte. It's his responsibility either to show up or m~ke a request for a continuance or otherwise accommodate his needs. Is it true that you've received no such request that would continue the matter or anything of that nature? MR. BARTOE: I have not received such a request, not even this morning when he talked to me. MR. PAI24ER: Thank you. CHAIRMAN HAYES: We are aware that the respondent was aware he had to be here this morning in front of this board for the hearing of this case? MR. PALMER: Mr. Bartoe, it was you -- did you notify the respondent that in fact this hearing would proceed this morning at this time and place? MR. BARTOE: Yes, I did. MR. PALM~R: And did you speak with him this morning? MR. BARTOE: Spoke with him by phone. MR. PALMER: And he did not ask for a continuance or any other procedure to accommodate his need~? MR. BARTOE: He did not. CHAIRMAN HAYES: Very well. For the record, it is known that the respondent is not present. MR. PALMER: Mr. McCarthy, would you raise your right hand and be sworn in, sir. (Speaker sworn in.) MR. PALMER: Mr. McCarthy, would you tell the board your name and address, please. MR. MCCARTHY: My name is Edward T. McCarthy. We operate a small whoIe~ale nursery, me and my family, at 3355 County Barn Road, Naples, 34112. MR. PALM~R: Mr. McCarthy, did you have an occasion to enter into a written contract with a -- a contractor called Complete Coverage Landscape and irritation -- Irrigation, Incorporated? MR. MCCARTHY: I did. MR. P~: Did you -- did -- did you have certain plans and specifications that were affiliated with that contract? HR. MCCARTHY: Yes, we let five bids with full specifications to various landscapers in the Naples area. Mr. Belyea of -- a/k/a Complete Coverage Irrigation's bid was accepted and a contract signed. MR. PALMER: Would you refer -- do you have a packet called Composite Exhibit A in front of you? MR. MCCARTHY: I do. MR. PALMER: Would you refer to pages E-3, E-4 and E-5, please. MR. MCCARTHY: Yes, sir. MR. PALMER: Are those the specifications that apply to the contract that you had with the respondent company? MR. MCCARTHY: Yes, that's correct. MR. PALMER: Did they -- did the respondent company abide by those specifications? MR. MCCARTHY: They did not. Page 24 June 16, 1997 MR. PALMER: Would you explain to the board in -- not necessarily an exhaustive list, but to the best of your recollection, the aspects of the specifications that were not complied with by the respondent. MR. MCCARTHY: Yes, I will. Exhibit E -- E-3 shows page one of the specifications. I refer the board to paragraph two. Items in this paragraph that were ignored were no flexible line to the pond pump, no pressure gauge installed, no provision for aeration, no float switch installed, no electric fountain valve installed. In paragraph three, direct bury UF line was used. It was not buried to the specification required by the code of 24 inches. There is no irrigate/aerate valve on the pump, and there is no voltage relay controlling that missing valve. Exhibit E-4, paragraph four. There were no grease sealed electrical connections anywhere. Simple wire nuts were used in submerged holes that frequently flood and short out the valves. There was also no irrigate/aerate valve, which is specified in paragraph three and four -- oh, excuse me, I lost my place. There were no grease sealed electrical connections anywhere in the system. A 16 zone minimum timer was specified and was promised in the signed contract, and a 12 zone timer was installed in its place with no provisions for future expansion of the system. Paragraph five, no waterproofed valve boxes were installed. The wrong specified wire was used. No gravel beds were installed under the valves, and no paperwork was supplied, either a map of the system or the manufacturer's booklets and warranties which should have been supplied and -- and specified in the -- in the list to be supplied to the owner. Paragraph six. In the contract, 104 Rainbird R-50 gear heads wer~ specified and promised, 42 misters. Eighty-four rain -- Rainbird rotating heads were supplied and 33 mister heads supplied, so there's a shortage of about 20 or 30 percent on the -- on the heads in the system. Of course, there is a one year parts and labor warranty, which we know what that's worth at this point. Since the installation was never completed, we attempted to contact Mr. Belyea by letter, we attempted to contact him by phone at his home and at his place of business. Both phones were disconnected. We finally got someone at the house to answer the phone and said that he was out. We called five times. He was always out. His son answered the phone. Mr. Belyea did show up at our property unannounced on January 8th, 1997. Spent about two hours.of our time asking what was %rrong, making a notation of all of our complaints and -- and problems and said that he'd be back to fix them the following Tuesday. He did not show up. He appeared again mysteriously on May 20th, 1997 after he was notified of this hearing and asked again for me to detail the problems of the system, and I did, and presented him with all the evidence that you gentlemen have before you, and he said that he was sorry, he'd be over the next morning to correct everything and deliver the papers that he o'#ed this client, and he never appeared. Attempts to contact Page 25 16G' 1" June 16, 1997 him, of course, were not answered by telephone or letter. I think that's all I have on the specifications. MR. PALM~R: All right. Mr. McCarthy, has there been a period of at least 90 days from the last time you -- the -- that any -- that the contractor has been out to do any repair work or any ~intenance work on this -- on this project? 14R. MCCARTHY: He has not done any work on this project, to my knowledge, since October. MR. PkLMER: October of -- of 19967 MR. MCCARTHY: Of 1996. MR. PALM]ER: Thank you, sir. Did any liens get filed on -- on this property as the basis of this contract by -- by materialmen, suppliers or subcontractors? MR. MCCARTHY: Yes, liens were filed by Naples Well Drilling Company and by Coast Pump, the material supplier. Both liens have been satisfied by the client. Checks showing the satisfaction of these liens are included in the --. in the exhibit. MR. PAI24~R: Is one of these liens shown on exhibit -- or Page E-15 of the composite exhibit, Mr~'McCarthy? M~. MCCARTHY: Yes, that's correct. MR. PALPfER: Did you have to write a check to have that lien cleared? Look -- refer you to page E-19. Is that a copy of a check that you had to supply to this supplier to have that lien cleared? MR. MCCARTHY: Yes, that check was in the amount of $5,075.40. MR. PALM~R: And was there another check that you had to issue in the amount of $1,175 regarding another claim of lien? MR. MCCARTHY: Yes, that's correct. That was to the driller of the well for the system. -MR. PAL/~ER: All right. MR. MCCARTHY: A copy of that check appears on E-24. MR. PAI2fER: Is there anything else that you would like to add regarding the -- the details of these four charges? MR. MCCARTHY: Well, I don't want to take the board's time with a history of this whole case, but we contracted this job from the city of Chicago because we were not here at the time and we let the bid from there, accepted this one. We did not inspect the job until January when we appeared, although we attempted telephone communications with the -- with Mr. Belyea, and he was very unresponsive. When we finally came here, we were shocked to see the system that he put in and attempted to get him to bring the system into compliance with the contract, and he promised to do so, but did not. MR. PAL/~R: All right. It's clear, I think, that in fact that many of the specifications were not met up to, and that is that ~ny aspects of this job were not done as promised. Of the work that was done, is any of the work that was done below standards, and we're getting to the allegation now of faulty workmanship? MR. MCCARTHY: Yes, as I -- as I mentioned, I have been doing continuous repairs on this system. The -- I. don't know what kind of cement he used, but the joints kept opening. He acknowledged many Page 26 16G June 16, 1997 MR. MCCARTHY: MR. BEAUMONT: MR. MCCARTHY: MR. BEAUMONT: pulled on the job? MR. MCCARTHY: leaks in the system and said he would be back to repair them and did not. MR. PALMER: Leaks in the piping, pressure piping and so forth -- MR. MCCARTHY: That's correct. I had to -- I had to repair them myself because we -- MR. PALMER: -- valving? MR. MCCARTHY: -- we needed the system. The valves, when it rained, were in a shallow hole in a low place, and when it rained, the water shorted out the electrical connections which were not made in grease fittings, but merely regular twist on wire nuts, and of course, this shorted out the system and it was inoperative. MR. PALMER: All right. MR. MCCARTHY: So we had many problems with' this system which are ongoing and I don't know how we're going to solve them, but -- MR. PALMER: Thank you, sir. MR. MCCARTHY: -- short of complete replacement, I think we're stuck with it. MR. PALMER: I believe that the evidence clearly supports violations of 4.1.3, abandoning construction project, and he has not done any of this work since October 1996. That the specifications were not adhered to in many, many material respects. That liens were filed on the property by materialmen and suppliers that had to be paid by the owner to clear the liens, and that much of the work that was done, particularly in regard to piping, leaking and valving was below standards and -- and constitutes faulty workmanship. MR. MCCARTHY: Of course, I will submit to the board's inspection of the system if they require. -MR. NEALE: Mr. Palmer, what I'd suggest is that we move Composite Exhibit A into evidence. MR. PALMER: Yes, I'd also like to offer Composite A -- A into -- into evidence. It's already been marked for identification purposes. CHAIRMAN HAYES: I need a motion. MR. GRESSANI: I move to accept Exhibit A. MP~. BEAUMONT: Second. CHAIR.MAN HAYES: All in favor? (Unanimous vote of aye.) CHAIRMAN HAYES: Mr. Beaumont? Is that all, gentlemen? It's Mr. McCarthy, correct? Yes, Ed McCarthy. I have a few questions. One, was a permit ever To my knowledge, I believe Mr. Schultz checked and did not find a permit applied for for this operation. I think the -- I think the ordinance calls for any job over $750 to be permitted. This one was for 10,000. MR. BEAUMONT: Second, could you just give me a financial breakdown? You paid him an $800 deposit? MR. MCCARTHY: Yes, we -- Page 27 16G.1 June 16, 1997 MR. BEAUMONT: You paid him an additional 2,000? MR. MCCARTHY: Yes, that was not in the contract, but he called me in Chicago and asked me for another 2,000 to pay his men, and in good faith, I -- MR. BEAUMONT: So directly to him, you paid 2,800? M~. MCCARTHY: I paid him 2,800 in cash. The checks are in the exhibit. MR. BEAUMONT: Right. MR. MCCARTHY: And I also satisfied both liens for an approximate amount of seven or $8,000. MR. BEA~4ONT: So basically, you never paid him the complete contract amount? You paid 1,175 to the well drilling company, you paid an additional 5,075 -- MR. MCCARTHY: That's right. That's right~ So I paid him a cash amount of $2,800, and then I satisfied the liens myself. MR. BEAUMONT: I got 6,100 and 2,800 -- CHAIRMAN HAYES: 6,250 and 2,800. MR. BEAUMONT: And 2,800. So you laid out 9,050 for a 9,250 contract. MR. PALMER: Mr. McCarthy, do you have any guesstimation as to what it might cost you to complete the job as promised by the respondent by the time you've paid everybody to -- MR. MCCARTHY: In order to bring it into -- in order to bring it into line with the specifications that I asked for, it would -- we'd have to change the system as it's installed. Apparently h~ put it in his way and -- and completely ignored the specs. In order to repair it, my guess is that it would cost approximately an additional $5,000. MR. PALMER: .Are you going to basically try to work with what you've got and retrofit it to make it work? MR. MCCARTHY: I'm attempting to do that, yes. MR. BEAUMONT: One minor point. You originally got five bids on this job? MR. MCCARTHY: That's correct. MR. BEAUMONT: Was -- was he the low bidder? How -- MR. MCCARTHY: No, he was not. He was somewhere in the middle, sir. I have the other bids. They ranged from, I think a low of about 8,000 up to about eleven five. He came in at about ninety-two, plus. the well. CHAIRMAN HAYES: In the case summary, I see an amount, $10,050.40. My calculations show you spent 9,050. MR. MCCARTHY: I'm sorry, sir, my mathematics may be defective. I -- I don't have that before me. CHAIRMAN HAYES: I understand you paid $2,500 to the -- MR. MCCARTHY: We paid $2,800 to Mr. Belyea's company -- CHAIRMAN HAYES: Twenty-eight -- MR. MCCARTHY: -- and we satisfied two liens -- CHAIRMAN HAYES: One in the amount of $1,175 and one in the amount of $5,075? MR. MCCARTHY: That's correct, sir. I don't know what that number is. If I'm incorrect on that, please correct me. We -- we Page 28 June 16, 1997 stood fully ready to pay Mr. Belyea the entire amount of the contract had he completed the job, which he did not. MR. P~R: I take it under these circumstances, he never actually asked you for the balance, did he? MR. MCCARTHY: That's correct. In fact, communications broke down sometime in November. He stopped answering our calls, and not knowing what to do, we went ahead and tried to repair the system to make it operative. MR. GRESSANI: And now you say that you expect to expend another $8,000 to -- MR. MCCARTHY: No, sir, I -- we feel that in order to put in the missing items -- now, for instance -- for instance, a 16 zone timer is a requirement of this system and he put in a 12. Now, I don't know how we can get around that, but I suppose we could take this timer back to Coast Pump and ask them to give us a trade in, you know, on the required timer, but we haven't negotiated with them yet, so I don't really know exactly what it would cost us, but my feeling is that it would cost us, in order to bring it to the specifications that we wrote, approximately $5,000, b~rt of course that's just a guesstimate. CHAIRMAN HAYES: Is Mr. Belyea's position that he has completed the project? MR. MCCARTHY: No, sir, he knows that he has not completed the project and has made many promises to do so, but has failed to show up on the dates that he said he would show up. CHAIRMAN HAYES: What would -- what is needed to complete the project? Complete the project. Not according to specs, but -- MR. MCCARTHY: Well, that's what I mean, sir. He would -- and he promised to replace the -- first of all, he said there's no rain gauge. He said he forgot to put it on, but he would put it on the next day. He said that he would change the timer and put on a 16 zone timer the next day. He did not show up the next day and his phones are disconnected, so I don't know where he stands on this job, frankly. I don't know whether he ever intends to complete it or if I will have to, but all I can tell you is the information that we have right now, which is he -- promising to come back and finish the job and does not do so, so I -- I -- it's incomplete and I don't know if it ever will be completed by Mr. Belyea. CHAIRMAN HAYES: It's incomplete in the respect that it is not according to specs? MR. MCCARTHY: That's correct, sir. He completely ignored -- it's not even the same system that was specified, so I -- I don't know how to compare what he did do with what he should have done. CHAIRMAN HAYES: How long did it take him to do this project? MR. MCCARTHY: We contracted him in July and he promised a September completion. It operated such as it is in December. I have a -- I have a letter to him in -- to that effect. CHAIRMAN HAYES: Was there anyone locally overseeing construction from your company? Page 29 June 16, 1997 MR. MCCARTHY: My wife's parents were at the -- at the nursery operating it, and their English is not great, but they attempted to he largely ignored them and just communicate with him and said that went about his business without asking for their opinion or -- CHAIRMAN HAYES: So there was no construction supervision? MR. MCCARTHY: I -- I have to say there was not until I got here in January, and by then, it was too late. MR. pA/24~R: Mr. McCarthy, did -- did you authorize anY changes to these plans and specifications at the request of the respondent? MR. MCCARTHY: No, sir. As a matter of fact, in a letter to him, I complained bitterly that he kept making changes without contact -- without discussion with me. MR. PALM~R: I just want the record to be clarified that you did not authorize any of these -- MR. MCCARTHY: I authorized none of the changes. CHAIR/4AN HAYES: Did Mr. Belyea, at any time, ask for any more money other than the $2,800 you had paid him? MR. MCCARTHY: No, sir. He accepted a check for 800 to begin work and he asked me, which was ~6t in the contract, for another 2,000, and I gave it to him because I understood that he had some financial problems. CHAIRMAN HAYES: At what time during the process, the I;roject, did he request the $2,000; was it during construction, after construction? MR. MCCARTHY: I would have to say, sir, that it was after he had installed all the PVC pipe and timers. Probably after the construction that he did complete. CHAIRMAN HAYES: So he asked for a $2,000 draw after substantial c~m~l'~tion? MR. MCCARTHY: Yes, that's correct, sir. CHAIRMAN HAYES: And has yet to present you with a final bill? MR. MCCARTHY: Yes, sir. I have not heard from the man except that he showed up to ask me what my problems were, as I told you, on two dates, the latest being 5/20/97, and he promised that he would be back the next day and satisfy all of my complaints and he never showed up --CHAIRMAN HAYES: Very well. MR. MCCARTHY: -- and did not answer his phone. CHAIRMAN HAYES: I just want to establish that you have paid him a total sum of -- or paid for the job, a total sum of $9,050 plus change on a contract that was $9,250, so you are not out any further -- MR. MCCARTHY: No, sir, except for the cost of materials that I supplied repairing the -- the job, you know. In order to get operative, I had to repair all the leaks, et cetera. I dug up the valve boxes and evacuated them. I put silicone cement in all the wire nuts so they would not short out anymore. I did most of the labor myself, sir. CHAIRMAN HAYES: I would like to ask you, could you substantiate the cost of your actions? Page 30 June 16, 1997 MR. MCCARTHY: If you like, I can submit to the board a detailed bill of my time and -- and expenses. CHAIRMAN HAYES: Do you have an approximation? Just a rough estimate, I'm just trying to look and see -- MR. MCCARTHY: My guess, sir, is a couple of hundred dollars -- CHAIR/4A/q HAYES: Thank you. MR. MCCARTHY: -- plus my labor. MR. PALMER: How many hours would you say you have spent totally in -- in retrofitting and repairing what hadn't been done, your own personal labor? MR. MCCARTHY: Oh, my guess is somewhere in the area of ten hours over periods of time. As I say, the system is not the one I asked for. but I'm trying to live with it. I'm trying to -- to utilize it as best I can. MR. PAI24~R: Sure. MR. MCCARTHY: Plus we have valuable plants that we need to water on a daily basis. The alternative was to do them as we had been doing with a hose. We have almost 3,000 palm trees out there. MR. GRESSANI: Mr. Chairman?'- CHAIRMAN HAYES: Yes. MR. GRESSANI: I believe from what I've heard and the documentation that's been presented here and because of the lack of Mr. Belyea's presence that we should withhold his permit pulling privileges until he presents himself before this board to answer these charges against him. CHAIRMAN ~{AYES: Would you like to make that into a motion? MR. BEAUMONT: A little bit of discussion. I -- I think we can go ahead and find-- finding of fact here, and if he wants to rebut it, ~ can come within 45 days, isn't that our ordinance? MR. NEALE: There is an appeal provision in the -- MR. BEAUMONT: He can appeal it. MR. NEALE: -- in the ordinance, so he can request a rehearing. MR. BEAUMONT: If his license was that important, I'd think he'd be here. I think there's enough evidence with liens filed and whatnot that -- CHAIRMAN HAYES: Mr. Beaumont, I'm concerned. Section 4.1.3, abandonment of construction project, I don't know that there's actually been proof on behalf of the respondent as to the validity of his abandonment. On Section 4.1.8, committing mismanagement or misconduct on the practice of contracting, causing.financial harm to the customer. In Section 4.1.8.1 (a), it says, the contractor has received funds from the customer to pay for the supplies or services and the contractor has not paid the liens -- has not -- has had the liens removed from the property. I'm not quite sure that fits exactly according to those charges. Now, on 4.1.5, departing from the -- or disregarding, in any material respect, the plans, specifications of a construction job does apply, and 4.1.10, failing to promptly correct faulty workmanship does well apply. Page 31 16G June 16, 1997 So I'm just concerned that our action today be based on clear evidence to the charges and the sections -- the sections that have been charged. FSq. NEALE: And Mr. Hayes -- MR. PALM]ER: I'd like to comment on that. I view these 4.1.8.1 (a) to be independent bases and that the mere fact that -- that liens have been filed is an independent violation. The contractor has received funds from the customer to pay for services and supplies and the contractor has not had the liens removed from the property, I think, is a separate charge. I think the mere fact that -- that any supplier, materialman supplies a lien and that the contractor does not have the lien taken off at his initiative is a violation, whether or not he's gotten payment from the owner. CHAIRMAN HAYES: So you're suggesting that °4.1.8.1 (a) is in violation? MR. PALMER: Yes, sir, by -- by the fact that a valid lien had not been -- that a lien had been filed and had not been removed by the respondent, irrespective of whether or not he received payment from the owner. Obviously he's not --'~e doesn't necessarily have to front the money, but the fact of the matter is, the reason that liens get filed is because -- unless they're bogus claims of lien, is because the contractor has not lived up to his responsibility with subs, materialmen or suppliers. Otherwise, you know, there's ramifications against filing bogus claims of lien, and this claim of lien is prima facie a valid claim of lien unless proven to the contrary by the respondent. So as far as the record shows right now, this is a valid claim of lien that had to be removed by a direct payment from the owner to the lien.claimant. - CHAIRMAN HAYES: But without causing any damage other than the contract pricing. MR. PALP[ER: Well, I think that the damage -- there's a damage just by the mere fact that the claim is filed is ipso facto damage. MR. MCCARTHY: We could have just as easily sent the check to Mr. Belyea instead of the lien suppliers, except then we would have lost that money as well. CHAIRMAN HAYES: Very well. Mr. Neale, do you concur? MR. NEALE: Yeah, I think that's an appropriate reading. MR. PALM~R: And general claims of liens are recorded and become a matter of record of title to a piece of property, so that if a title search is done on this property, I think a claim of lien will show up against the owner, although it will be -- it will be satisfied. It is in the record of title of this piece of real estate. MR. BEAUMONT: In the file, we don't have findings of facts. MR. NEALE: No, I know. I'm -- what we need to do first is close the public hearing and I'll provide the charges and then, you know, do the instructions to the board and then we can go from there. MR. PALMER: I'd like to make another comment about this business about a rehearing. A rehearing is to -- is to basically clear the record, correc~ evidentiary mistakes. It is not to retry the case, bring in late filed information that the -- the respondent was not Page 32 June 16, 1997 here and wants a second bite at the apple, and the appeal procedure to appeal a record of the Board of County Commissioners what's called record review, they don't present new evidence, they review the record, so that waiting another time is -- is -- in this case, superfluous. There's nothing to correct. The -- the respondent has had his opportunity to be here today or ask for a continuance. He did not do it, so I don't -- I recommend that the board takes its action without any continuance or stated window of opportunity other than already exists in the ordinance. If he wants to appeal to the Board of County Commissioners, wants to apply for rehearing, my estimation is, we would fight a rehearing because there's nothing in the record to correct and nothing to add. The fact that his evidence isn't in is because he's not here today. MR. NEALE: Gentlemen, I'd just like to make the point that what Mr. Palmer's saying is argument on behalf of his client, which is the contractors' licensing office. You sit as an independent board, so what -- what you've just heard is -- is argument and is not to be taken as an opinion other than that of Mr. Palmer, so -- MR. PALMER: That's right. '- MR. NEALE: And would recommend that we -- if there's no further comment, that you close the public hearing at this point. CHAIRMAN HAYES: Do we have any further questions or comments before I close the public hearing? . MR. BEAUMONT: I make a motion we close the public hearing. ~. JOSLIN: Second. CHAIRMAN HAYES: I have a motion and a second to close the public hearing. All in favor? -Opposed? (No response.) MiR. NEALE: If I may, I'll do as we normally do, pass along the instructions to the board for their deliberations. At this point, the board will then begin their deliberations. In this case, as in others of this type that the board hears, the board shall ascertain in its deliberations that fundamental fairness and due process have been afforded. You need to base that on the evidence of -- that's been put forth in front of you here today. However, pursuant to section 22-202 of the -- of the ordinance, formal rules of evidence as set out in Florida Statutes Chapter 90 need not apply in a case such as this, so the ability to hear hearsay and not have as formal presentat~Qn of evidence as you'd see in a court of law is acceptable. The board, in its deliberations, shall exclude any irrelevant, immaterial or.cumulative testimony that it may have heard. It shall admit and consider all other evidence of the type commonly relied upon by a reasonably prudent person in the conduct of their normal affairs, whether or not the evidence, as so admitted, would be admissible in a court of law. As noted earlier, hearsay may be used to explain or supplement any other evidence. However, you can't base your decisions solely on hearsay unless it would be admissible in a court of law over Page 33 16G. 1' June 16, 1997 objection. The standard of proof in this case is, in a case of this type where the respondent may lose their license to practice a trade or profession, is clear and convincing evidence. It's a greater burden of proof than a preponderance of the evidence, but less than beyond a reasonable doubt. The standard evidence is to be weighed solely as to the charges set out in the complaint filed and codified in Collier County ordinance, and we just got our findings of facts and conclusion of law forms. The charges as set out are in Composite Exhibit A, which has been admitted into evidence and they are pursuant to the relevant sections of the Collier County ordinance. In order to support the charges and to support conviction on those charges, the Contractors' Licensing Board must find facts that support that the violations charged were committed by the defendant -- by the respondent, and further, the facts found must support a legal conclusion that the respondent was in violation of the Collier County Contractors' Licensing Board ordinance. If the Contractors' Licensin~Board finds charges -- finds that the respondent is guilty of the charges, there are certain sanctions that may be entered into, which we will talk about in a moment. The sole charges to be decided in this matter are only those brought forth by the -- by the compliance services unit. You're not to bring in or add any additional charges at this point. The decision made by this board shall be stated orally at this hearing and a copy of the written decision will be mailed t') the party within 15 days after the hearing. It is, however, effective upon being read from the board, being stated orally here. -If the board was unable to issue a decision immediately following the hearing because of questions of law or other matters, such a nature that -- such a decision may be made that may preclude such a decision may be -- being made, the board may withhold the decision until a subsequent meeting. The disciplinary sanctions that the board may impose are found in section 22-203 of the codified ordinance, and for holders of county or City of Naples certificates, which is in this case, you may -- the board may find and do any one or a combination of the following, and then they -- number one, they may revoke the certificate of competency. Number two, they may suspend it for a period of time. Number three, they may deny the issuance or renewal of a certificate. Number four, they may create a period of probation of reasonable length, not to exceed two years, during which the contractor's contracting activities shall be under the supervision of this board and -- and/or the contractor may be required to participate in a duly accredited program of continuing education. Any period of probation that this board would set out or continuing education may be revoked for cause by the board at a hearing noticed to consider said purpose. The board, point number five, may order restitution. Point number six, the board may order a fine not to exceed $5,000. The board may issue a public reprimand. The board may require Page 34 16G' June 16, 1997 reexamination of the respondent. The board may deny the issuance of city or county building permits or require that any permits that are issued require -- be issued with specific conditions, and they may also impose reasonable investigative and legal costs for the prosecution on the respondent. Further, the board, upon reviewing this decision, shall also issue a recommended penalty to the State Contractors' Licensing Board, which will be set forth to that board when this order is transmitted to them. The board may -- the respondent, once -- upon receipt of this, may request a rehearing within a period of time after the receipt of the order. That has to be within 20 days from the mailing of the Contractors' Licensing Board decision to the respondent. They may also appeal this decision to the Circuit Court within 30 days of the mailing of the decision, and that is all I have to say on that. The board may proceed with its -- MR. BEAUMONT: Mr. Chairman? CHAI~V~kN HAYES: Yes. MR. BEAUMONT: I make a recommendation that we delete 4.1.3 from the charges, as I don't think we've got substantial evidence of that particular account -- that particular ordinance. CHAIRMAN HAYES: Any objection? ~R. GRESSANI: I'd like to question, if he hasn't been back to the project within the preceding 90 days, have we had proof that he's been back to do any work during that 90 day period? CHAIRMAN HAYES: No, but I would think that being back falls under 4.1.10, failing to promptly correct faulty workmanship. It seems that -- over what we've heard, that the big thing is, Mr. Belyea feels he's substantially complete, and it's just not correct, not according to specs. MR. NEALE: It's also to be noted that the burden of proof is on the county to prove that the person was in violation. The burden is not on the respondent to prove that he didn't. CHAIRMAN HAYES: Very well. Do I need a motion to delete that section in the charges? MR. BEAUMONT: I make a motion that we delete charge 4.1.3 from the complaint. CHAIRMAN HAYES: I have a motion. Do I have a second? MR. MEISTER: Second. CHAIRMAN HAYES: I have a motion and a second. Any further discussion? All in favor? Opposed? (No response.) CHAIRMAN HAYES: Very well. I would suggest that we have had substantial evidence to carry forward with a finding of fact. The question might be as to exactly, after finding of the fact, what would be our action. This gentleman not being here in front of us to defend himself, a license revocation as opposed to a license suspension would maybe be in consideration for his lack of being here. However, as pointed out by Mr. Palmer, that is not a defense and Page 35 16G.1 June 16, 1997 shouldn't be a reason for not recommending a revocation, if that's necessary, just consideration perhaps. MR. MEISTER: Mr. Bartoe, does his record show any other complaints? MR. BARTOE: We have had, I believe, a couple other complaints, maybe Mr. Schultz or Mr. Balzano can fill you in on what type of complaints they were. MR. SCHULTZ: Mr. Meister, I had a complaint on Mr. Belyea, oh, going back just prior to the first of the year. Essentially it was the same complaint, but I did prevail upon him to go back and take care of the problem and he did return money to the homeowner, which, incidentally, he told Mr. Bartoe that he was going to take care of Mr. McCarthy in the same manner, that he was going to return money, but he hasn't done it. So, yeah, we -- we've had compl'aints on him. MR. BEAUMONT: Mr. Chairman, I recommend we find him in violation or non-violations of the ordinance and then proceed with -- CHAIRMAN HAYES: Very well. Mr. Beaumont, would you care to read the finding of fact, conclusion of law? MR. BEAUMONT: You've got it'Xcritten out already. CHAIRMAN HAYES: Would you like to make a motion that we review the finding of fact and conclusion of law? MR. BEAUMONT: I make a motion that with the testimony given here today and Composite A, that Mr. Belyea is in violation of ordinances 4.1.5, 4.1.8 and 4.1.10. CHAIRMAN HAYES: I have a motion on the floor. MR. NEALE: If we could follow the -- the normal format of the findings, conclusion of law and make those part of the form of the motion, it would make that little simpler to have the record cleaned up, ~o'-- I hate to do that, but -- CHAIRMAN HAYES: Well, I wanted to -- I wanted a motion and a second, then I would read the findings of fact. ~[R. NE3%LE: Okay. Then you can vote on that. MR. JOSLIN: I'll second his motion. CHAIRMAN HAYES: I have motion and a second. All in favor? Opposed? (No response. ) CHAIRMAN HAYES: Very well. Contractors' Licensing Board, Collier County, Florida, Board of County Commissioners, Collier County, Florida, the petitioner versus Donald F. Belyea, license number 1420-SC as respondent, in .case number CLB 97-004. Findings of fact, conclusions of law and order of the board, this cause came on for public hearing before the board June 16th, 1997, and the board, having heard testimony under oath, received evidence and heard arguments respective to all appropriate matters. Thereupon, issues its findings of fact, conclusion of law and order of the board as follows: Finding -- findings of fact, that Donald F. Belyea is the holder of record of certificate of competency number 1420-SC; that Ed McCarthy is the complainant in this matter; that the Contractors' Licensing Board has justification of the person Page 36 June 16, 1997 of the respondent and that Donald F. Belyea was not present at the public hearing. All notices required by Collier County ordinance number 90-105 as a~ended have been properly issued. That the holder of certificate of competency number 1420-SC is in violation of sections 4.1.5, 4.1.8, 4.1.8.1 (a) and 4.1.10 of Collier -- of ordinance number 90-105 as amended, with the following particulars, the particulars being -- MR. BEAUMONT: Composite Exhibit A. CHAIRMAN HAYES: Exactly. The particulars being after review of evidence Composite Exhibit A. The conclusions of law: That Donald F. Belyea is in violation of section 1 -- 4.1.5, 4.1.8, 4.1.8.1 (a; and 4.1.10 of Collier County ordinance number 90-155 as amended, the Collier County Contractors' Licensing Board ordinance. MR. NEALE: Okay. We need a vote on that. CHAIRMAN HAYES: I need a motion to approve the finding of fact as read. MR. BEAUMONT: I make so motion. CHAIRMAN HAYES: I need a s~Cond. MR. SCHOENFUSS: Second. CHAIRMAN HAYES: All in favor? Opposed? (No response.) CHAIRMAN HAYES: Very well. I would suggest that we need to come up with the -- MR. NEALE: You only had the findings of fact included in that. You need findings of fact and conclusions of law included in the motion. ~ CHAIRMAN HAYES: That's correct. We haven't ordered from the board yet. MR. NEALE: No, but you didn't include the conclusions of law in your motion, I don't believe. CHAIRMAN HAYES: Oh, I'm sorry, the conclusions of law need to be voted on. Is there a motion to agree with the conclusions of law? MR. JOSLIN: I motion to agree with the conclusions of law. MR. GRESSANI: I'll second that motion. CHAIRMAN HAYES: All in favor? Opposed? (No response.) CHAIRMAN HAYES: Very well...Based on the foregoing findings of fact and conclusions of law and pursuit of the authority granted in Chapter 4819, Florida Statutes, and Collier County ordinance nuraber 90-105, as amended, it is hereby ordered that the following disciplinary sanctions and related order is hereby imposed upon the holder of contractor's certificate of competency number 1420-SC, and what might they be, gentlemen? MR. PAL~fER: Tom, have you got a recommendation? MR. BARTOE: Staff -- staff believes that Mr. Belyea's license should be revoked. There should be money returned to Mr. McCarthy, Page 37 16t . June 16, 1997 and also if it be the board's pleasure, a fine. CHAIRMAN HAYES: Any discussion on that from the board? MR. GRESSANI: Question. When you say the money should be returned to Mr. McCarthy, what monies specifically are you talking about? MR. BARTOE: I'm sorry I missed the testimony, but Mr. McCarthy had explained to me in the past that this project cost him extra money becuuse of liens. MR. GRESSANI: Well, the liens that he has paid for could be deducted from the contract amount that's still yet due, disregarding the liens. CHAIRMAN HAYES: May I suggest perhaps that Mr. McCarthy get a couple of bids to bring the project up to substantial completion and adequate specifications and perhaps -- MR. BEAUMONT: If we're going to make the findings of fact now, we should base it on the evidence we have in hand now. MR. PA/2~ER: Yeah, the problem is, we have not quantified the total amount to complete. We don't have a dollar figure on that, so we can't put any kind of a restit%rtion figure, we don't have -- we would not know the amount of restitution that would be applicable until such time as it's all said and done, all the -- remedial work is competed and the amount of those costs are known. Other than that, we just have a moving target, so we really don't have the evidence here today to quantify any restitution amount. MR. BEAUMONT: It's my opinion that from the evidence, Mr. Belyea only received $2,800 total, and any restitution should be based on what Mr. Belyea received and not so much what Mr. McCarthy would think that it would take to repair the system to his specifications. You and ~'know that in our business, it's cheaper for me to go back and fix my own work than to pay, let's say Collier Electric to go back and fix it, so restitution should be based on the original contract amount and on the amount that was given to Mr. Belyea in this situation here. I can see by the contract, just to defend that theory, in his contract, Mr. McCarthy erased or changed the contract to read instead of half pay -- half up front and half along the way, he gave him only an $800 deposit -- MR. MCCARTHY: We agreed on that in a telephone conference, so -- MR. BEAUMONT: Well, I -- I'm just saying that along the way, negotiations were made to change the original contractual agreement that this individual tried to put in his contract. I'm just saying that keep that in mind when you're doing -- when you're thinking about restitution. CHAIRMAN HAYES: May I ask for some form of recommendation, Mr. Beaumont? MR. BEAUMONT: I'm kind of having a little bit of a rough time revoking his license because he's not here. I hate to say that, but I have a tough time with that. I would more -- I would be tempted to suspend his license privileges for a year and recommend a $2,000 restitution to Mr. McCarthy and leave it at that, only because he's not here. Page 38 June 16, 1997 It appears that he went out and did the work. As poorly as he may have done it, he attempted to complete the contract. I think his intentions may have been there. His quality workmanship and his ability to read specs are extremely poor and -- and I think there should be an attempt to correct this by suspending his license for a year and maybe he'll go to work for somebody else and learn the correct method of dealing with the public, and basically he would never be able to get another license unless the restitution of the $2,000 was paid to Mr. McCarthy. That's a recommendation. MR. NEALE: Just as an observation, Mr. Beaumont, that there is a provision where you can -- the board can require participation in a continuing education program as part of a probationary period. MR. BEAUMONT: I don't know what type of continuing education you would take to be an ethical contractor. I mean,' you either are or you're not. I mean, I find it difficult to -- I would recommend that if he hasn't taken a business and law exam before, that he be required to t~ke a business and law exam for the license. MR. MCCARTHY: May I make an off the record comment? There are things -- there are things that were paid for by me from the suppliers that were not installed on the job. I'm not sure this is a criminal matter or not, but this is more serious than -- than merely shoddy workmanship. The fact is that I've lost essentially all those materials I purchased because they were installed incorrectly MR. BEAUMONT: Well, that's the idea of this $2,000 restitution is -- is basically to cover you for some of your losses. FLR. MCCARTHY: Okay. MR. BEAUMONT: You know, it -- caveat emptor covers everything, you know, the buyer should beware. You weren't there to supervise the job.-'You -- you may have not known what you were getting into when you hired him. You have to take some of the liability. I -- I consider -- MR. MCCARTHY: I accept that, sir. MR. BEAUMONT: -- the public makes, you know, when they take -- MR. MCCARTHY: Sure. I should have been here. MR. BEAUMONT: -- and they don't research it enough, we all take it into account. MR. MCCARTHY: Yes, sir. I'll accept some of the blame for lack of supervision. MR. PAJ2fER: I want to be totally fair about this, and I -- I think that we cannot order a $2,000 restitution unless Mr. McCarthy can show that he suffered at leas~ $2,000 in damages in excess of the contract amount. That is, after he paid the materialmen and suppliers, got the liens cleared, had work done, that -- that restitution is basically to make him whole as if the contractor had lived up to the contract, and there isn't enough evidence here today to show that Mr. McCarthy, at least in the record at the time, that Mr. McCarthy has spent at least $2,000 in excess of the contract price inclusive of all these extra charges. It's not -- I don't think the evidence shows that, so it would be a windfall to Mr. McCarthy should he complete this contract for $1,000 in excess of the contract price Page 39 June 16, 1997 16G and it would be $1,000 in his pocket. That's a technical matter, but I think it's in fact, legally correct, and if in fact people representing the respondent were here, they would point that out. Now, a fine is another matter. The fine does not have to be related to any amount of losses and so forth, but I want -- I do want to be fair about this, irrespective of the fact that the respondent is not here. Restitution is based on a quantifiable sum of money, which I do not believe the record reflects. CHAIRMAN HAYES: That was my original reasoning behind getting some estimates for the restitution. MR. MEISTER: What would -- what would -- if we put a maximum of $2,000 reimbursement to Mr. McCarthy based upon two or three qualified bids from qualified irrigation people to complete the work to the plans and specifications. MR. PALMER: Or there would be another way to handle it, and that would be to have Mr. McCarthy complete the work, pay the individuals and supply staff with receipts of the amount of -- actual amount of money spent and give him, say, up to 60 days to do that, and that could be brought back to the board for affirmation that in fact that's correct, and then we would have a quantifiable amount for restitution. MR. BEAUMONT: Why should he spend the money if he's not sure he's going to get it in restitution? I mean, if -- if :.~. Belyea doesn't ever pay the 2,000 back, the county's not going to give him the money. MR. PALMER: Well, what I'm saying -- the -- well, if in fact he's not going to do anything further to pay anybody to fi.( the job or quantify his own labor, sweat equity, then there's no amount of restitution, there's no -- but we can't have it both ways. You can't cl'aim against an insurance company for a loss that you didn't suffer, and the fact of the matter is, he has not said -- you've left open the possibility that he's not going to do anything further. Well, if he's not going to do anything further, then that is not a reimbursable restitution sum. MR. BEAUMONT: I think the fact that the job wasn't completed properly and per the specs in itself is worth something. MR. MEISTER: Something, yeah. MR. BEAUMONT: Don't we agree that -- I mean, obviously the time clock's worth something, the -- the fact that for the next six months, he may have to go out and repair bad joints. MR. PALMER: Well, I'm not arguing with the board. The fact of the matter is, these are all contingencies, but we have not had testimony here today as to what these will amount to in dollar figures. For. example, Mr. McCarthy did not put any estimation on the value of his labor for the ten hours that he worked. These are technical legal matters, but as a -- if this was appealed to a court of law, the court would not allow restitution about an unquantifiable sum of money. MR. MEISTER: I'm not saying that it's not quantified. MR. PALMER: Yes, sir. MIR. MEISTER: We -- we put a maximum of $2,000 -- Page 40 16G'l June 16, 1997 MR. PALMER: Subject to proof that in fact this money had been spent or had been incurred. MR. MEISTER: How much -- three qualified licensed irrigation contractors go out and give a price and say it's going to cost $1,500 or $3,000, so if it's 1,500, he gets $1,500. If it's 3,000, he just gets 2,000. MR. PALMER: That's one way to do it, take the lowest of the three estimates. That's a valid way to do it, yes, but as I said, the record right here does not liquidate a sum of money we're targeting. MR. NEALE: I -- I believe that there -- there is a possibility, while it's not explicit, in the ordinance that the board could issue its decision on certain matters, certainly the findings of fact, conclusions of law and the non-monetary sanctions at this point in time, and then leave open the issue of monetary'sanctions until such time as proof is presented, because it specifically says that if the boazd is unable to issue a decision immediately because of questions of law or other matters of such nature that a decision cannot be immediately made, the board may withhold issuing its decision until a subsequent meeting. -- Now, to some extent, you're reopening a case that should have been finalized, the publJc hearing was finalized, but I think that the board possibly could accept additional proof on -- on liability issues, you know. You've already got the liability issues, now you're just going over damages. So it's essentially like a court issuing -- issuing a judgment on liability and withholding the decision on the damages until such time as proof of damages is provided. CHAIRMAN HAYES: Mr. McCarthy, do you intend to complete the proSect or are you going to leave it as it is and make repairs -- -MR. MCCARTHY: No, sir, I must complete the project. I must. We have a commercial enterprise here and the timers are inadequate for our needs, so we must go ahead and spend additional money to bring it up to specs. MR. GRESSANI: It's very difficult to go out and find another irrigation contractor to come in and look at this and listen to Mr. McCarthy's analysis of what's wrong and then prepare a price and time -- time consuming and everything else. I think Mr. McCarthy is better off to repair what needs to be repaired, modify what needs to be modified himself and the -- he's shown us that he's got that ability to do it now that he's here and not in Chicago, and then come back to this board and submit the -- the evidence of what it has cost him in time and material. CHAIRMAN HAYES: Mr. Beaumont, would you consider suspension of the license and the restitution amount be postponed until such time as we have come up with a number that would substantially complete the project? MR. BEAUMONT: See, the -- I just feel that in -- inherent in this -- in this complaint, he's already shown and proved that he's -- the aggravation, the additional cost. I think it's shown here and it's proven already, by waiting a month for him to get three bids, he can get three bids from anybody saying it's six thousand bucks. We Page 41 June 16, 1997 all know that. I don't think that's going to help the matter any. CHAIRMAN HAYES: Very well then. If you would make a recommendation that we could -- a motion that we could perhaps vote on, we'll drop that or continue it and make it part of our order of law. MR. BEAUMONT: I mean, does anybody else have an opinion on what the value -- come up with a value from the evidence given today of -- of his loss? MR. SCHOENFUSS: Well, I think we've got two issues here, the first one is the suspension or revocation, period, and that, we can do today because we heard the evidence, period. The other one is a dollar amount. Now, with all this talk about what the dollar amount should be, the way I added it up, I thought we established Earlier that Mr. McCarthy, one way or another, has already paid more than what would have been the original cost of the contract. MR. PALMER: No, I think he's about $200 short unless you're going to quantify the value of his own time. MR. SCHOENFUSS: Well, all right, he's in that general -- he's in that general area, but -- but he's got a shoddy job with part -- with parts missing and he's got to -- no way should he settle for having paid the full amount of the original contract for the specifications that he expected to get, so we're right back to where you -- what you said earlier, we've got to establish what the cost is to -- to bring it up to what he expected to get. MR. PALMER: Well, technically, right. For example, he -- we don't know for certain whether he -- he's testified, and I don't dispute what he said, but there's a possibility that he could change his mind tomorrow and not do anything and live with the substandard job. Usually on restitution amounts they're -- they have to be what's called liquidated, a specific amount of money. For example, Mr. Beaumont mentioned aggravation. Unfortunately, aggravation, you cannot recover in contractual matters for aggravation, these kinds of things, which I think is unfair, but that's the way the law is. What we're really talking about, if you believe that the evidence sustains that, in fact, Mr. McCarthy will spend, under any circumstances, at least another $2,000 to get this job up the way it was promised and if you think the evidence supports that, then you can make a finding of restitution not to exceed $2,000. MR. SCHOENFUSS: Well, why don't we take it two steps. Why don't we do what has been suggested. Why don't we take action against the license of the respondent, period, and why don't we defer the -- the question of establishing what the restitution should be until such time as Mr. McCarthy can bring in something very, very specific and we can deal with it right down to the buck. MR. PALMER: That's what I suggest. MR. SCHOENFUSS: Yeah, do it that way. CHAIRMAN HAYES: Let me -- let me make some -- bring out some thoughts and some considerations. It is clear to all of us on this board that Mr. Belyea wouldn't have any intentions of, one, finishing Page 42 June 16, 1997 the project to the specs, nor two, paying for someone else to do so. Two, if we revoke this individual's license today, he has no motivation to make amends to the owner. If we suspend it based on making restitution or the properly completed job, the -- Mr. McCarthy may perhaps at least get what he's asked for, and that would be a completed job. Now, my concern would be that if we recommended a suspension based on restitution and proper completion of the job, is that substantial punishment in this case? This individual seems to be perhaps maybe not limiting this project to the only one he's had trouble with. That's my only concern. As we've been made aware of, in fact, revocation of a license does not allow us any further handle to maintain whether the individual makes restitution or not, however, suspension based on restitution does also not, in my mind, allow any punitive deterrent to the individual redoing the same problem to someone else, so I just wanted to bring out some thoughts. If our intent is to stop this individual from damaging any further individuals, a revocation, irregardless of restitution, would be in order. If our intent is to'~orrect and supply restitution for the damages to the owner, then suspension with balance on restitution would be in order. However, maybe a fine -- a suspension, fine and restitution would be in order to allow for all things to be satisfied. Just some thoughts. MR. SCHOENFUSS: Yeah, good. Let's do it. MR. BEAUMONT: One thing, why don't we follow the -- the theory of, we'll suspend his license, give him 30 days to repair to specifications Mr. McCarthy's job, and in 30 days, if the repairs are not made, then a determination of restitution will be determined. MR. PALMER: Are you willing to have this man come back out there? M/~. MCCARTHY: Gentlemen, I don't think any of us will ever see Mr. Belyea again. I think that he's operated outside our rituals of law before and will continue to do so. I don't expect him ever to provide restitution, complete this job. I do not think we'll ever see him again. The reason he visited us twice was to find out what we had on him, not to make any bona fide effort at -- at repair or restitution, so I -- I really think that Mr. Belyea will go file bankruptcy or whatever it takes to get out from under this, you know, but the point is, I don't think Mr. Belyea will complete this job. He would have to replace the -- MR. PALMER: He advised me th~s morning his company's out of business and he's working for somebody else. MR. :~CCARTHY: Yeah, I think he's a -- I think getting restitution from Mr. Belyea is a dream. MR. BEAUMONT: Mr. Chairman, I recommend we revoke Mr. Belyea's license, and then we're just -- MR. MCCARTHY: I think I'll have to muddle through with a caveat emptor for the next time. CHAIRMAN HAYES: I have a motion to revoke the license? Page 43 16B '1! June 16, 1997 MR. BEAUMONT: Yes. CHAIRMAN HAYES: No other actions, revoke license? MR. MCCARTHY: I appreciate your attempt to get finance for me, but I don't think it's in the cards. MR. SCHOENFUSS: Well, if we're going to revoke his license, what's still wrong with imposing an arbitrarily determined fine or even an arbitrarily determined token amount of restitution just to see what happens and to get it on the record? CHAIRMAN HAYES: My only concern originally was that there were some extenuating circumstances. We have, from time to time, heard cases because an individual was out of town, because an individual suffered through a divorce, because an individual had some other hardship that caused them to act in these conditions, and they have come back at a later date and presented such evidence as justification, perhaps, or excuses as to why this occurred at this particular time, and that would be my only concern at this time. This individual has not, except for very recently, demonstrated non-ethical business activities. I believe, as we spoke coming in, he's been in business for in excess of four years and just recently has he had these situations come up. That was my thoughts that, as an immediate automatic non-reversible revocation, could it be that there was some extenuating circumstances that we are not aware of Mr. Balzano? ' MR. BALZANO: I didn't get to speak earlier when you wanted to know if there were any prior cases with him. Two years ago, he stiffed Florida Sod out of $2,900. I don't think they ever -- so, I mean, it was two years ago, eight months ago and four months ago, so it's not that he had pneumonia last week or something. - CHAIRMAN HAYES: Very well. Well, that's all I needed to hear. MR. MCCARTHY: He never expressed to me any emotional or family problem that prevented him from communicating with me or from finishing the work. MR. BARTOE: And to get him to answer the phone, I learned from Mr. McCarthy that you had to call him and let it ring once, hang up, call back or else he wouldn't answer. CHAIRMAN HAYES: Very well. Mr. Beaumont, you had a recommendation. Would you put that in the form of a motion? MR. BEAUMONT: Sure. Based upon the foregoing findings of fact and conclusions of law, and pursuant to the authority granted in chapter 489, Florida Statutes, and Collier County ordinance number 90-105 as amended, it is hereby ordered that the following disciplinary sanctions and related orders are hereby imposed upon the holder of contractor certificate of competency number 1420-SC, revocation of license. Done and ordered this 16th day of June, 1997 at Collier County, Florida. CHAIRMAN HAYES: I have a motion on the floor. Do I have a second? PLR. JOSLIN: I will second that motion. CHAIRMAN HAYES: I have a motion and a second. All in favor? Page 44 16G'l June 16, 1997 Opposed? (No response.) CHAIRMAN HAYES: Motion carries unanimously. Very well. PSR. MCCARTHY: Thank you for your time, ladies and gentlemen. MR. BARTOE: Mr. Chairman, I believe we should take a short break for the reporter before we get to discussing the ordinance amendments. CHAIRMAN HAYES: I was gonna suggest that. Should we take a ten minute break, return at 11:357 MR. BARTOE: Sounds good. (A recess was had.) CHAIRMAN HAYES: Shall we reconvene and complete our discussion? Discussion of ordinance amendments. Each one of us have a current copy of that ordinance. I attended a workshop at Development Services last week that we reviewed everything that had been recommended for amendment prior, and I don't remember any significant changes. Mr. Bartoe, do you remember -- MR. BARTOE: I just -- I just want to add that Mr. Perico, our director, advised us, you know, we have to keep moving fast on this in order to get this amendment before the Board of County Commissioners and approved in time so that -- we are coming up with a new class of license, we're dropping some licenses, so that for renewal time, which the girls claim goes out August 1st, renewal applications, so we'd like to have this in place by then. We will have a few minor changes on this today. Mr. Neale, I believe, has a few procedural things to add that didn't get in here that he will get to me, and after we get through this today, hopefully we can come up with a final draft and call together a workshop of the board here to get a quorum and it -- - CHAIRMAN HAYES: Basically, for the board's information, there have been, that I am aware of, three previous workshops. Two workshops were with the American Subcontractors' Association sanction on individual license holders recommending and suggesting input to Development Services. There was some complications originally in -- in Development Services and they asked that we research some individual licensing requirements so that we could clarify and -- and pull away the ambiguous wording or -- or thoughts on what -- what trade would fall under what license. We have put together those two workshops, made recommendations, and then last week we had an individual workshop as a sub-committee of the DSAC. I think ~tr. Neale originally had recommended some recommendations -- revisions, and.this should be a culmination of all of those. MR. NEALE: b~-huh. The -- the version that will be done this week will include all of the revisions that you see here, plus the few procedural revisions. I had sent along a disc to the county attorney's office and somehow we had incompatible software and it didn't -- wasn't able to open up all the revisions. There's a few minor additional revisions that you don't see here today, but basically they're procedural, and what we're doing is going to be adding, under the section where you refer the application to the Page 45 16 .11 June 16, 1997 Contractors' Licensing Board for a decision, a provision where the Contractors' Licensing Board can review experience requirements in lieu of testing and things like that, so to sort of clarify what we've been doing all along. We're going to add a -- to the conduct of hearings section, language that will permit subpoena powers as far as are permitted by the state statutes, because if you remember in one case that we had heard previously, we had trouble getting witnesses in and getting documents in, so we're going to add to our subpoena powers as far as possible. Some minor housecleaning changes, like in section 3.1.2, it obviously was the original creation of the Contractors' Licensing Boa.ld. That is going to be stricken and it will just go that all appointments are for three years, because it talked about three members appointed for a term of one year and three members appointed for a term of two years, so that was obviously redundant and we had to take that out. There are going to be some changes in time periods as far as the issuance of the order. It will b~ 30 days after this board's meeting that the order can be issued to provide some additional time factors there. Those are the primary changes, as I say, not a -- nothing -- nothing really major as far as language. One of the things Mr. -- I believe it was Mr. Schoenfuss brought up today is that in the addition of new categories of licenses we need to provide some kind of a grandfathering and/or admission procedure for people that have been under them. It's particularly relevant in the case of the -- the waterfall, pond and landscape ordinance or whatever the heck we're calling that thing. That needs to definitely have some sort of a -- of a provision that these people that have gotten restricted licenses have an ability to window into that. CHAIRMAN HAYES: I believe in regard to that last topic on grandfathering and the old ordinance section 1.6.3.49 under tree removal -- MR. NEALE: Uh-huh. CHAIRMAN HAYES: -- that second paragraph was exactly in pursuit of that grandfathering and we're deleting it out of that particular section because it's no longer needed. The board further provides that this particular amendment, that tree removal and trimming contractors who hold a current and valid Collier County occupational license in tree services as for the -- as of the effective date of this ordinance shall not be requi~ed to meet the testing requirements, et cetera and so forth, up through September. MR. NEALE: And we would substitute for occupational license, just who holds a current restricted certificate permitting such activities, I think is what I would recommend. CHAIRMAN HAYES: Just so we're aware of that, our intent is to install that paragraph with the amendments relating to the specific ordinmnce as grandfathering into the pond and fountain ordinance. MR. BARTOE: I don't believe we want to grandfather anybody into Page 46 June 16, 1997 the new -- new section, do we? As Mr. Neale said, we can grant -- if we had a paragraph, we can grant a license to these people who we have already approved with a restricted license. MR. NEALE: Uh-huh. MR. BA/RTOE: And no grandfathering. MR. NEALE: Because we don't have a current category and we've already included it in -- I believe we've included it in the relevant categories where it made sense, such as the swimming pool contractors, I think we added it in as a specific activity that they were permitted to do, so -- CHAIRMAN HAYES: So what I'm getting at here is that landscapers that have heretofore not had to have a license to do fountains are not going to be allowed to be grandfathered in either. What I don't want to happen is a barrage of individuals coming in'here to -- showing evidence like these gentlemen did today saying, well, I've done this for 30 years and now all the sudden I can't do it any longer, I've got to go take this test. MR. NEALE: Well, added to landscape contractor, if they already have a landscape contractor license, we are adding that tLey can -- incidental to landscaping contracts, pre-packaged fountains and waterfalls, so long as they do not -- so they get to do pre-packaged fountains and waterfalls. I believe, under swimming pool contractors, we added waterfalls under there, and so, you know, the -- the people 'who had the -- the relevant qualifications at that time -- yeah, here we are. Under residential pool and spa contractor and commercial pool and spa contractor, we added into both of those trades, installation and construction of waterfalls and fountains in that it seemed the p~e~s~re of this board that the experience that a swimming pool contractor would have would be relevant to waterfalls and fountains. So the only -- the only, quote, unquote, grandfathering, as Mr. Bartoe suggests, would be for those people who we had already given a restricted license to under the swimming pool category as opposed to just blanket grandfathering anybody who happened to have been doing it for the last year. CHAIRMAN HAYES: How -- what kind of -- MR. BARTOE: Plus if a landscaper can show experience at this non-recreational waterfall -- MR. NEALE: He can automatically get that. MR. BARTOE: -- and has taken the business test, he can get a license. .' MR. NEALE: Uh-huh. Yeah, because we -- we don't have a specific test for non-recreational pond and waterfall contractors. I don't think Block has created that one yet, although certainly they probably will if they get the opportunity. CHAIRMAN HAYES: At this point in time, the ordinance that we were presented this morning with the numbers down the left column are n~ in ¥~. ~ea~e's ~%a~-~. This ~r~l/mamce is mo~, a~ i~'s written today, in your database. MR. NEALE: Effectively, the only thing that is not is the Page 47 16G June 16, 1997 redoing of the title. Frankly, everything else is pretty much in my database at this point. CHAIRMAN HAYES: When did it get there? I've been on three workshops that you had not attended. MR. NEALE: Well, I wasn't invited to them, so that -- CHAIRMAN HAYES: That's what I'm getting at. There's some substantial changes -- MR. NEALE: What happened is, Mr. Bartoe had supplied me with all the changes that are in here. Those have already been entered in my database, so it should conform, with a couple of minor language changes, but the philosophy is all the same, so I do have it. We'll get it -- get our software glitches between myself and the County Attorney's office squared away and have a finalized ordinance version hopefully by the end of this week. CHAIRMAN HAYES: Well, to accentuate Mr. Pe~ico's urgency, there's no question we want this thing done as quickly as we can, and at this point in time, if it were to go according to Hoyle and normal from today it will still probably be October before we got it, so I'm gonna suggest that we maintain an'~ar to the rail, if you will, for urgency and make this thing happen pretty soon. In other words, what would you suggest be the time limit that you would have to have to get it to Mr. Palmer's office -- MR. NEALE: As I say, I've already committed that by the end of this week, I will have a fully revised edition to Mr. Palmer's office so that we can -- we can have a hard copy into the county commission's hands within a couple of weeks. CHAIRMAN HAYES: At this point in time, I don't think there's any further need for any workshops. I believe that if you get that copy to Mr.' Palmer's office, that after Mr. Palmer's office has reviewed it, it can come right back to this board for its final approval and then -- MR. BARTOE: That's why I wanted a workshop and not wait until July 16th. CHAIRMAN HAYES: Exactly, so at this point in time, if your renderances are received by Mr. Palmer's office by the end of the week, I would suggest a week -- MR. PALMER: Oh, no, I can do it in a day. CHAIRMAN HAYES: You can do it in a day? MR. PALMER: Easily. I did it in a half a day this last time, including the title. I can get right on this thing -- I do my own word processing thing and I can have this thing in -- in shape in four hours. CHAIRMAN HAYES: So by July 1, you could have a final draft ready to disseminate to the licensing board and perhaps Development Services for their final review before recommendation to the county commission? MR. NEALE: Uh-huh. Yeah, Mr. Palmer and I will get together before the end of this week and I will bring along my -- my computer and my -- my diskettes and a little -- we'll get this thing hashed out. MR. PALMER: I would like to recommend that -- we discussed this Page 48 June 16, 1997 some months ago about modifying the -- the definition of faulty workmanship. I think it -- it needs clarification. At least it would be of quite a benefit of this ordinance to be specific about what constitutes faulty workmanship. I think I gave Mr. Neale a proposed -- I did some legal research and went into the case law to see how faulty workmanship was defined by various courts of appeals and I would like to have that added, at least for your consideration in section 4-1-10. Right now it's sort of open-ended. It sort of says it is what it is under the underlined language on page 45. MR. NEALE: Yeah, I've got Mr. Palmer's language here. I think I only have one copy, unfortunately, but -- CHAIRMAN HAYES: Isn't it already added to it, it's the underlined portion? MR. BARTOE: Well, no, it doesn't really define it. It just says it is what the board says it is when the -- at a -- at a hearing, you see. Shall be established by substantial competent evidence. That really doesn't define the parameters of what is faulty work=nanship. One of the things, for exam~l~e, one of the issues is, is it faulty workmanship to put in substandard parts. That was one of the things we discussed. I think the definition says that it is faulty workmanship if you install no -- if you knowingly install parts that are not going to function with the unit or the project as a whole. That is one aspect of -- that constitutes faulty workInanship and those sorts of issues. MR. NEALE: Yeah, I've got -- I can read the definition. It's -- it's extensive, but not that long. Faulty workmanship would be work that is not commenced, continued or completed in a workmanlike manner. IT iT work that is not done as well as ordinary skilled workmen do such work. Faulty workmanship results in a flawed product. Faulty workmanship means any flaw in the quality and/or quantity of the finished product -- of the unfinished or finished work product. Faulty workmanship includes flaws in the work process, installation of any defective material, provided the defect is reasonably discovered -- discoverable by a skilled tradesman in that trade and/or the use or inclusion of materials that are not in accord with the agreement between the parties. If there's no written agreement regarding the workmanship issue in dispute, faulty workmanship means any work that does not meet the generally accepted standards for such work, such process or such product in Collier County. Defective materials means materials that are not suitable in relation to the specific work product, even those materials that may be not -- may not be defective in themselves or in the abstract. Faulty workmanship is determined by the circumstances of the particular case. Faulty workmanship does not include matters of aesthetics unless the aesthetically related alleged faulty workmanship clearly violates a specific provision of the written agreement between the parties, so it -- Mlq. BARTOE: That gets around saying it isn't the right color. Unless you specify in the contract a specific color, you can't come in Page 49 I June 16, 1997 and complain about the color. Those are the kind of things -- we get into these aesthetic nuances. We're going to clarify that those kinds of things don't constitute a violation of this thing unless the contractor specifically agrees that that is a specification of the contract. CHAIRMAN HAYES: There originally was some, throughout the past year or so, a couple of incidences during case hearings, requests for second entities, et cetera and so forth, that we ran into from time to time, and at those points in time, we recommended an -- an amendment and we recommended to specific people to make note of these amendments so that they would appear in the new ordinance. Now, I -- I do believe that those people have tried to install those recommendations. Now, what I'm asking, is there anything in particular that any one of the board members remembers that they were concerned or thought should be amended in the past that would maybe come to mind that we would suggest that it be looked at before we send this ordinance out? Does anybody have any other questions or concerns regarding the ordinance? It has been workshoppL~d extensively, probably as extensive as I've ever seen an ordinance workshop. I would suggest that the final draft that, Mr. Palmer, your office approves, that I be notified that I may pick up a copy as soon as it comes out so that I can review it previous to the next board meeting so that I can make any suggestions to bring to light any concerns that this board may have prior to that meeting. MR. PAL24ER: I'll call you immediately when I get it ready. CHAIRMAN HAYES: Any other discussion on the ordinance? MR. PALPfER: 'I have a copy here for Mr. Neale that has a lot of lfttle tweaking in it, little minor matters, that I'm going to give to him, just commas and that kind of thing, and I did not catch a number of spacing errors in regard to the alignment of the various subsections. I've got them marked in here. I actually didn't have the time to do that on Friday before I left at noon, but once I get this thing -- he's going to give me the disk and I will -- I will have it out of the office within a day of receipt. MR. MEISTER: Do you need to set up an approximate workshop meeting or special meeting -- MR. BARTOE: That's what I was going to ask, Mr. Meister. MR. MEISTER: -- so that everybody could sort of prepare? MR. BARTOE: How does a week from this Friday sound, the 27th? CHAIRMAN HAYES: Well, I would like to have it out of Mr. Palmer's office, so I'm going to suggest July 1 or thereabout. You -- you were suggesting that you would be the end of this week, and then you would have -- I would like to allow you a week at least in case something comes up or something's -- MR. BARTOE: I think we ought to hold him to his four hours. MR. PALMER: Actually, we are -- we are right there. We are on the edge of having this thing wrapped up. CHAI~kN HAYES: Okay. I'm gonna -- judging from Mr. Neale's timetable, today's the 16th, by Friday, the 20th, that would give it Page 50 16G. 1 June 16, 1997 -- allow transportation, et cetera and so forth, sometime in the ballpark of Wednesday the 25th. MR. BARTOE: That's fine. CHAIRMAN HAYES: Would that work, June 25? Can we maybe perhaps put together a workshop -- MR. BARTOE: What's the preferable time, a.m. or p.m. for the board members? MR. SCHOENFUSS: P.M. MR. BARTOE: P.M.? MR. SCHOENFUSS: Yeah. MR. BARTOE: Two? MR. SCHOENFUSS: Yeah. CHAIRMAN HAYES: Two o'clock on Wednesday? MR. BARTOE: I will attempt to get a room in our building and I will notify everybody. MR. NEALE: Probably should be noticed as if it were a regular meeting of this board. The only question I have on that -- MR. PALMER: If we're going to make substantive decisions on context of the ordinance, we shoul~ advertise it. MR. NEALE: Yeah, and that's ten days on advertising, or do we need 157 MR. PALMER: No, 10 is fine. CHAIRMAN HAYES: The last three have been in the ballpark of a couple hours each time. As long as we don't allow wandering off the subject some, we've been able to keep it on track, we've been able to keep it within a couple hours. MR. BARTOE: I think we should be able to be shorter than that if we've got everything fine tuned. - CHAIRMAN HAYES: Yeah, at this point in time, there shouldn't be a whole lot of need for a lot of discussion because we have hashed pretty well everything out, with the exception of some minor typographical additions and deletions and some housework and stuff. MR. PALMER: Substantively, I think we're here, unless somebody tries to reopen the entire matter again. Keep our fingers crossed on that. Have certain tradesmen or associations, organizations been noticed, directly affected parties, for example, on this thing? CHAIRMAN HAYES: Twice. MR. BARTOE: Okay. Because the Board of County Commissioners, that's what they're going to ask, are the affected parties aware of what is going on here, and if they know that they are, then they don't have an inclination to say, well, .why don't we send a courtesy copy out to the plumbers and all these people. As long as that's been done, it will alleviate any of those kinds of fears of the Board of County Commissioners. CHAIRMAN HAYES: We had two formal workshops that the American Subcontractors' Association had sent out to every one of their individual members, and they sent out to those that weren't even individual members that were -- were specifically targeted or of question, example, I don't think at the time that there were any members of the ASA that were in satellite TV business. We did have Page 51 16G June 16, 1997 three people respond that we sent out notification to their industry to ask for input on it, so I don't know at this point, unless there's someone that was asleep somewhere that the specific trades themselves have not been made enough aware of the licensing amendments, that they have had more than adequate opportunity to respond. MR. NEALE: Well, I just looked at my notes and the first formal workshop we had on this is almost exactly one year ago now, so I -- if -- as you say, if they've been -- unless they've been hiding under a rock somewhere, I think everyone should have -- should have heard that something's happening with this ordinance. CHAIRMAN HAYES: That's what I think. So we should be in pretty good shape. Any further discussion on that particular -- MR. BAd{TOE: We are planning on the workshop on the 25th? CHAIRMAN HAYES: June 25th, Wednesday, at two p.m., is that satisfactory? And that will be somewhere at Development Services, one of the conference rooms? P~R. BARTOE: When I can get a conference room -- CHAIRMAN HAYES: You'll notify the board? MR. BARTOE: -- I'll get notices sent around. CHAIRMAN HAYES: Further discussion on it, there was, at the workshop, an incident brought up over tree trimming licenses, and I gave my word that we would bring the issue up at this meeting. I would like not to keep it -- or not to take this discussion on into the evening, but I did suggest that I would bring it up. There was an individual at the last workshop that is licensed under the tree trimming ordinance. And the tree trimming license at one time, and still does, is part of the landscaping license. The tree trimming has.been broken out of the landscaping so that you don't have-tb have a full-blown landscaping license just to do tree trimming. I don't know how long ago that occurred, but I'm sure that that was the reason behind it. Since that time, this individual strictly specializes in tree trimming. Now he says that the worker's comp insurance rate is greater for a tree trimmer than it is for a landscaper. So he's getting beat out on bids from landscaping contractors because they pay less worker's comp, and he thought that we should make an amendment to the ordinance that stopped that. Did I not state it, Mr. Bartoe, exactly like it was asked? MR. BARTOE: You stated it close enough. If you look at page 20, I think we addressed his concerns under landscaping contracting. MR. MEISTER: If he doesn't.report to his workman's comp under the right category, he's illegal himself. MR. NEALE: Uh-huh. MR. MEISTER: So we're gonna support him to break the law by changing -- CHAIRMAN HAYES: Well, I -- I likened it to something in the plumbing, and I'll talk about that in a minute, but landscape -- these are the words that have been added here, landscape contractors shall not contract for only removal and/or trimming of trees. I've got a problem with that, Mr. Bartoe. Page 52 16G'l, June 16, 1997 MR. NEALE: Yeah, I -- CHAIRMAN HAYES: I've got a serious problem with it. I should be able to hire a landscaper to take my tree out. MR. BALZANO: A tree. What that gentleman was talking about is, he's complaining about the landscaper going and cutting down 30 trees and that's all he does. He didn't plant any flowers or shrubs or sod. He just came in and competed with him to cut down trees. We've been listening to this gentleman for over two years. MR. NEALE: Well, my -- my only problem is, from a legal point of view, and of course, I want Tom to chime in on this too, is we say that a person who is a landscape contractor is qualified to install or remove trees, and then we say but you can't just install or remove trees unless you're doing something else and I, from a restraint of trade point of view, I'm not sure that we're on'real solid ground to say, we say you're qualified to do this, but you can't do it just bec;%use one guy's complaining. MR. BALZANO: Well, he's been complaining to the right ears, because it's been on our back for a long time. MR. BARTOE: The word removW~ot added in '94 and I don't know what their purpose was back then. I wasn't in licensing at that time. MR. NEALE: Probably the same guy had a landscape contracting license then. CHAIRMAN HAYES: My concern with those limitations, Mr. Palmer, I would probably address the County Attorney's Office to look at it from this perspective as well, the restrictions -- the wordage that's been added to that section on page 20 at the bottom of it, landscape contractor shall not contract for only removal and/or trimming of trees would be -- would be likened to the plumbing contractors' o~dfnance on page 13 restricting the plumbing contractor from doing septic tank work alone because of the insurance. I'm not quite sure that you -- like you're saying, Mr. Neale, that we're not restricting trade and having a problem with that. MR. NFJtLE: Well, and -- and the septic tank issue is -- is different even because, of course, you have to be separately licensed by the state to do septic tanks. CHAIRMAN HAYES: No, sir. On my state license as a plumbing contractor, I can put septic tanks in only. However, the state does license a septic tank installer as well. MR. NEALE: Right, it's a sub -- CHAIRMAN HAYES: Exactly, and I think the same reasoning behind that extraction from the plumbing.license is applying at this point to the tree trimming. MR. PALMER: I agree. I think it's a very, very tenuous distinction here. Obviously it's a question of actuarial losses in regard to worker's compensation insurance. It seems to me it's up to -- the responsibility of the insurance company, if I get myself workman's comp as a landscape contractor and all I do is tree removal, then I'm not being straight with my insurance company. In other words, all of my work is in ultra hazardous activity, it's not spread over very innocuous jobs. It seems to me that's the Page 53 16G June 16, 1997 responsibility of the insurance company, it's not the county, those kinds of problems. I don't think we get into those kinds of things about competition between, you know, somebody's insurance rates. It seems to be a very -- sort of a tenuous basis on which to put something in an ordinance. CHAIRMAN HAYES: Then if I understand -- MR. BARTOE: Staff has been trying to tell this gentleman that we believe it's an insurance issue for, as Mr. Balzano said, for over two years now. This gentleman want to see this in the ordinance, and staff would like to hear from the board whether they do or don't want to see this change in the ordinance for landscapers. MR. BEAUMONT: I make a motion we take it out of the ordinance. MR. JOSLIN: I second it. MR. GRESSANI: I didn't hear that. CHAIRMAN HAYES: He made a motion to take it out of the ordinance. MR. GRESSANI: This landscape contractor shall not contract for -- CHAIRMAN HAYES: Yes, sir. MR. GRESSANI: I'd say take it out too. MR. BALZANO: See, the problem that we have is this man has been to us, he's been to the City of Naples, he's been to the commissioners, he's been to the county manager, he's been to the state and he's hired an attorney and he feels that we, as licensing investigators, aren't doing our job if Tree Wizard, say, does not have the proper worker's comp. All we require is he show proof of insurance. It's not up to us to go and see that Beaumont Electric has s~c~e~arial worker's comp or electrical. He thinks it is, and that's the complaint and we were told to handle it because we're at the bottom of the rung. MR. NFUtLE: Well, I -- I think -- my feeling is he needs to make his case in front of the board -- Board of County Conunissioners when it comes up for public hearing. CHAIRMAN HAYES: Well, this is basically what I suggested at the workshop, that we would discuss it today, and I would have expected him to be here to do that very thing. }fR. BARTOE: And you advised him we would discuss it today? CHAIRMAN HAYES: Yes, sir. MR. BARTOE: So if he's that concerned, I feel he should have come here today. MR. SCHULTZ: He knew. .. CHAIRMAN HAYES: I have a motion and a second on the floor. Any other discussion on the board? All in favor? Opposed? (No response.) CHAIRMAN HAYES: I -- I completely agree with that. I think that we do not need to regulate insurance rates. MR. PALM]ER: Or draw lines that result in -- that a -- the premiums an entity pays. That's really what we're doing here is we're '1 , Page 54 16G June 16, 1997 shaving something to basically allow a break on worker's compensation insurance, and that's sort of outside of the prerogative and the decisions of this board. CHAIRMAN HAYES: May I suggest, Mr. Palmer, that you say what you've just said in writing when you show your final recommendations on this ordinance? MR. PAI24~R: Yeah, I'll get a memo to you. CHAIRMAN HAYES: I think that that's exactly the way the board feels as well. Any other discussion? MR. BALZANO: I have something I'd like to bring up. MR. BARTOE: Mr. Palmer, staff would like a copy of that memo also. MR. BALZANO: I'm in the midst of an investigation right now that's going to be almost as -- as long and drawn out as Gulf Coast Development, but what I would like to do, and I'd like to have your opinion, I would like to bring that general contractor before this board, because as of right now, I have three parties that have been injured by him and the numbers a~ mounting, and for me to throw together a case like we did for Gulf Coast Development, I wouldn't be able to get him in here in time. So what I want to know is, do we have the power to bring him in here and put him before this board on his business, the way he's operating? I mean, we're talking over $100,000. CHAIRMAN HAYES: I believe we have in the past, Mr. Balzano, made a recommendation on a temporary suspension based on time restraints or -- or conditions. I don't see a problem with actually having somewhat of ~ hearing. MR. NF3J~E: Under section 22-166 of the ordinance, we have a provision for stop work orders, whereby if it should become known to the contractor licensing supervisor that a construction project and/or contracting in the county or City of Naples is being undertaken by uncertified or non-exempt persons, the contractor licensing supervisor, as designee, shall place a stop work order, so -- MR. BALZANO: Well, that's not the problem with him. He's not paying people. He's not paying -- these people are paying the general and he's not paying the suppliers or the subs and they have these liens on their property. He's writing bad checks. MR. BEAUMONT: The minute a lien's present, he's violated our ordinance. He should be in front of the board. MR. MEISTER: These people have filed complaints? MR. BALZANO: Well, I have a complaint from a supplier, the -- it's strange that the homeowners have hired attorneys and they seem like they're afraid that if I bring him in here, they'll never see their money, but I'm concerned about our future -- MR. MEISTER: Well, we're supposed to protect the public. MR. BALZANO: What I would like to do is bring in the supplier, the b~.d check and a lien on that one piece of property without getting into this big composite and -- MR. BEAUMONT: That should constitute violation of our ordinance. Page 55 16B .1 June 16, 1997 CHAIRMAN HAYES: And -- and allow us to take a formal action on temporarily -- MR. BALZANO: I've spoken to the gentleman numerous times and he's -- he lies to me, he'll pay them next week, he'll take care of this. He hasn't done anything. CHAIRMAN HAYES: I wouldn't see a problem with that. MR. BARTOE: I believe it can be done with a real short composite. MR. PALMER: Isn't there also independent authority, Standard Code for stop work orders in cases like this? MR. BALZANO: What I had tried to do is it get the building department to put a hold on all his permits, but I couldn't pull that off. CHAIRMAN HAYES: I don't think you can do that formally without some action. MR. BALZANO: That's what I was told. MR. PALMER: Well, the Southern Standard Building Code has the power and -- depending on -- on the triggering mechanism, but there is independent authority in the Southern Standard Code for the building inspector type people to put a stop work order on a job instantly, stop work now, and go in and post it, but whether or not it's this kind of -- whether or not this kind of activity triggers the stop work order provision, I don't know, but there are a number of instances where an inspector can just say, this is a bad situation, this is dangerous, public health is involved, you will cease work Xmmediately, and if they don't do it, they can bring the deputy sheriffs out. CHAIRMAN HAYES: I just don't want to, again, as much as I'd like it, .b~ing a subcontractor in Collier County, and as often as that has happened, I'm not quite sure I want the Collier Development Services to be bill collecting prematurely. MR. PkLMER: That's the problem. The question is whether or not this is the kind of facts that will trigger a -- a summary issued stop work order. MR. BALZANO: This isn't bill collecting. He -- this contractor was given $20,000 to pay a window supplier eight months ago. The check bounced. They contacted him, they sent him a letter telling him the check was insufficient funds. After he got from the supplier and himself, he gave to the homeowner, releases of lien in full. Now they have liens on their property, and I've asked him to pay the $20,000 and he hasn't, and now I've got another one for $5,900 and I've got one for $13,000. .. CHAIRMAN HAYES: I have, in my world, five outstanding liens. Can I bring all five of them in here? Do you see my point? I've got five liens against homeowners for lack of payment from a contractor. MR. BEAUMONT: But see, you should have filed complaints against those general contractors at the time the lien was placed because they're in violation of our ordinance. MR. BALZANO: They received their money to pay you and they didn't. CHAIRMAN HAYES: So that's my point, i'm trying to -- if we're Page 56 16G June 16, 1997 going to set a precedent, we need to understand what may come up -- MR. BEAUMONT: That's what our ordinance is. CHAIRMA/g HAYES: Very well. I know that, but we have -- heretofore haven't seen, rarely, an incident brought into us sparking from that. I mean, I can't tell you how many subcontractors I know that have liens against property that could stand in line out here and bring them in for hearing. MR. BEAUMONT: But -- but did the general get paid? I mean, that's -- that's one of the questions. There's a lot of cases where we have liens, but the general never got paid. The homeowner is -- our lien is with the homeowner, and therefore, it's a legal matter, it'~ not a licensing board matter. CHAIRMAN HAYES: That's what I'm trying to separate. MR. BEAUMONT: You need to separate -- Yeah. MR. BARTOE: I think Mr. Balzano's looking out for the welfare of the public here. with this contractor, he's picturing a situation that's going to get worse. MR. NEALE: It sounds here as if the issue is, this is a contractor who's in violation not'~nly of our ordinance, but is also in violation of the mechanics' lien law, and he's -- he's in violation there and that's -- that's a felony, plus he's in violation of our licensing ordinance, so -- FLR. PALM]ER: Yeah, that strikes me that he's gotten into criminal fraud here about phony releases of liens. The thing about it, Mr. Hayes, your point is well taken. If the board gets too far out in front of this, everybody that has a lien filed against them, as being the board and wanting this as a concurrent enforcing mechanism in addition to what is in chapter 713, which has its own rather stringent requirements, because if you can't bond off, you've got to -- you've got -- you know, you've got your title clouded to your property, and that sort of takes care of itself in due course, but we -- if people start running in here with concurrent enforcement of every mechanic's lien that's filed, this board could be swamped with complaints, so it -- your -- your thinking is -- thought is well taken. CHAIRMAN HAYES: I have one right now, I'll be in here tomorrow morning with. MR. BALZANO: No, what we're trying to do is, I don't care if Gary Hayes, Florida Plumbing collects a nickel. What we want to do is put this gentlemen out of business so he doesn't get Mr. Beaumont or Mr. Gressani. I don't care whether Twin Window collects a nickel. I want this man brought in here so.he can't do it to someone else. We're not trying to collect money. We're just trying to put a stop to it. That's all. CHAIRMAN HAYES: I don't really see a problem with that. I just wanted to make us all aware of what we're swimming to. MR. PALM~R: Well, see this is not an -- this is an unusual case. This is a recurring pattern of conduct apparently that's affecting a number of people and may affect others, rather than an isolated case of a -- of a lien being filed on a particular job, and that's what distinguishes it. We may have something here, this is just the way 1 Page 57 June 16, 1997 this guy does business. MR. BALZANO: That's the sad part, from what I understand of everyone I talked to up until two years ago, this guy was A number one, and now in the last two years, it's just -- CHAIRMAN HAYES: Any other discussions? We have no reports? Our next meeting is August the 16th, same place, same time? MR. BARTOE: I believe that should say July 16th. MR. NEALE: Yeah. We're not skipping the month of July, are we? MR. BARTOE: July 16th. MR. MEISTER: Back to Wednesday? MR. BARTOE: Yes, sir. CHAIRMAN HAYES: Wednesday? Any other business? I need a motion to adjourn. MR. GRESSANI: I move we adjourn. MR. SCHOENFUSS: Second. CHAIRMAN HAYES: Ail in favor? · .. *** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:16 p.m. CONTRACTORS' LICENSING BOARD GARY HAYES, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY HEATHER L. CASASSA Page 58 168 li REGULAR MEETING OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD Naples, Florida, April 16, 1997 April 16, ~9~, ~L...EIVED J U L - 3 1997 LET IT BE REMEMBERED, that the Contractors' Licensing Board in and for Collier County, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building 'F' of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Hayes Daniel Gonzalez Les Dickson Richard Joslin Arthur Schoenfuss Michael Pedone ALSO PRESENT: ABSENT: Humbert Gressani Gary R. Beaumont Robert Meister, Jr. Patrick H. Neale, Attorney to the CLB Thomas Bartoe, Licensing Compliance Officer Thomas Palmer, Esquire Hancock ~rr~ Misc. Corres: Date: Item/f Copies To: Page 1 DATE: April li~ 1997' TIME: 9:00 A.M. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAy NEED TO ENSURE THAT A VERBATIM RECORD OF THE 'PROCEEDINGS IB MADE, WHICH RECORD. INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHIC~rl THE APPEAL IS TO BE BASED. I. ROLL CALL. II. ADDITIONSiOR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: V. NEW BUSINESS: VI. VII. VIII. IX. X. March 17,1997 Marcum J. Moore - Request to qualify 2~ entity. Peter J. Conrad - Request to qua~i[¥ 2~ entity.' William McFarlane - Request to waive apprentice & Journeyman requirements to obtain · master license. OLD BUSINESS= None PUBLIC HF. ARINGS: CLII I 97-003 Michael £reels rm. Ruben Remirez D/B/A Rube Tile & Marble, Inc. REPORTS: None DISCUSSION: None NEXT MEETING DATE: May 21, 1997 April 16, 1997 MR. HAYES: I'd like to call this meeting to order, April 16th, 9 a.m., contractor,s licensing board, Collier County. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record indicates that testimony and evidence upon which the appeal is to be based. I'd like to have roll call starting to my right. MR. GONZALEZ: Dan Gonzalez. 14R. DICKSON: Les Dicksono MR. PEDONE: Mike Pedone. MR. HAYES: Gary Hayes. MR. JOSLIN: Richard Joslin. MR. SCHOENFUSS: Arthur Schoenfuss. .MR. HAYES: Are there any amendments to the agenda? MR. BARTOE: Good morning, Board members, Mr. Chairman. For the record, I'm Tom Bartoe, licensing compliance officer, and staff has a ceuple of additions. Under item five, new business, we have a Thomas A. Stasko, S-T-A-S-K-O. He requests a license in alarm systems contractor one. He took the test -- took the test in 1987. At that time, it was a one hour administrative exam, which now requires two hour business and law, plus Mr. Stasko has some other circumstances that we'll explain. Under discussion, I want to mention, when we get under discussion, we have three terms expiring June 30th this year, and the second item under discussion, we should attempt to schedule another workshop on amending the ordinance. Staff has no other additions or deletions. MR. HAYES: Are there any other additions? I need a motion to approve the amendment. MR. DICKSON: Dickson, so moves. MR. JOSLIN: Second. MR. HAYES: All in favor? Opposed? (No response) ~R. HAYES: Approval of the minutes of March 17th. Are there any amendments to the minutes or may I have a motion for approval as they are? MR. PEDONE: I make a motion we approve the minutes of March 17th. MR. JOSLIN: I second that motion. MR. HAYES: I have a motion and second. All in favor? Opposed? (No response) MR. HAYES: New business. Marcum j. Moore, request to qualify second entity. MR. BARTOE: Is Mr. Moore present? MR. HAYES: Mr. Moore? MR. BARTOE: I know that the -- the girls in staff had one application that got delayed until next month. Possibly it's his. MR. HAYES: Very well. We'll just move along. Page 2 April 16, 1997 sir? Peter J. Conrad, request to qualify second entity. Are you here, MR. CONRAD: Yes. MR. HAYES: Would you come forward? I need you to be sworn in. (Peter J. Conrad was placed under oath.) MR. HAYES: State your name, sir, for the record MR. CONRAD: Peter J. Conrad. ' MR. HAYES: And your request for a second entity? MR. CONRAD: Yes, I'd like to request a residential contractor's license. I have a painting contractor's license. I also qualify as a residential contractor. I'd like to stop working with the painting cont£actor's license and just work with the residential contractor,s license. now? MR. GONZALEZ:, Mr. Conrad, what kind of license do you have right MR. CONRAD: Painting contractor,s and a residential -- I qualify a company that's a corporation. MR. GONZALEZ: So you have two licenses. MR. CONRAD: Two licenses. MR. GONZALEZ: Are they state or county? MR. CONRAD: Just county. MR. DICKSON: Mr. Bartoe, any complaints against this individual~ MR. BARTOE: No, sir. · MR. DICKSON: Mr. Conrad, do you have any employees? MR. CONRAD: No, none at all. MR. DICKSON: Okay. Mr. Chairman, based on the fact this individual hasn't had any complaints, based upon his credit report which is excellent --no? , MR. PEDONE: Firm reports a collection account -- firm reports a collection account, firm reports a collection account, firm reports a collection account. MR. DICKSON: Oh, I missed that. MR. PEDONE: Firm reports a charge off a charge off, a charge off, a charge off. ' MR. DICKSON: Apparently, I'm missing a sheet. MR. HAYES: Yeah, I only have one sheet as well. MR. PEDONE: I've got them all. MR. HAYES: Are you sure have the second sheet? MR. JOSLIN: It's the second sheet. MR. NEALE: Yeah, there was one that was distributed this morning. MR. BARTOE: I believe the office staff, the reason that one report is late, they had -- they had one report either on the company or the individual and we didn't get the other report until late. MR. PEDONE: Yeah, I think the one report is on the company that you're qualifying right now, which is George Delongo (phonetic) as the president and Nancy Delongo as the secretary, and I guess you don't have responsibility for paying the bills out of that company? MR. CONRAD: That is a corporation that Delongo Mr. Delongo owns . -- MR. PEDONE: Yeah, okay, you don't have any responsibility on Page 3 April 16, 1997 that. Can you tell us why you have -- MR. CONRAD: The -- the report that you have, which is my personal, is all debts from about 1990. Most have been paid off. There's two there that I don't even have any idea. They're, I guess, $5,000 balances each. MR. PEDONE: Shouldn't you have had -- shouldn't he have had a current credit report? MR. CONRAD: That -- that is current. MR. PEEK)NE: That is current? MR. CONRAD: That is current. I -- I have been using an Equifax Credxt Report to pay off all my old debts from 1990. An Equifax Credit Report is -- is very clean. I don't -- some of these are repeats on old accounts that ~ave been paid off, possibly not reported to whoever this collection agency is. MR. PEDONE: Burdines reports your last activity was 7th month of '96 that it was charged off on. MR. CONRAD: That's been paid off and the account's been reopened. It's a small balance personal account. MR. PEEK]NE: Are any of these business related? MR. CONRAD: None of them. It all happened in 1990. MR. PEDONE: And you -- you paid off the tax lien? MR. CONRAD: The tax lien was paid off in '94. MR. HAYES: Shouldn't that show -- MR. NEALE: It does. MR. HAYES: -- the reconciliation? MR. NEALE: It shows that the lien was released. MR. PEDONE: Yeah, the tax lien shows paid. MR. CONRAD: Release, 5-94. MR. PEDONE: 5-94, released. Sometimes companies are quick to report bad, but they're not too quick to report good, so -- MR. NEALE: Uh-huh. MR. DICKSON: Mr. Bartoe, does this individual meet all the requirements, to include net worth, to establish a new company? MR. BARTOE: As far as net worth? MR. DICKSON: Yeah. MR. BARTOE: I have no idea. MR. DICKSON: Do we not have the same requirements that the State does showing a net worth of a company before it's -- MR. BARTOE: I don't remember seeing it anywhere in our ordinance. MR. PEDONE: I think that's only the State. MR. HAYES: That's only the State. MR. DICKSON: Are we sure of that? Is that only the state, Counsel? MR. NEALE: I believe so. I'm just checking to make sure. MR. }~YES: Mr. Pedone raised a question a minute ago and I'm going to further it a little bit. You -- you explained that you don't have any financial liabilities with the company that you are presently qualifying? MR. CONRAD: None, except for -- well, as a qualifying agent, yes, Page 4 ADril 16, 1997 I am financially responsible for what hapDens in the business, but -- MR HAYES: Do you -- do you sign checks? MR CONRAD: No, I do not. MR HAYES: According to our ordinance, you have to be -- MR CONRAD: I have the right to sign checks. I never have. MR HAYES: You do have the right to sign checks? MR CONRAD: Yes, I just never have. MR HAYES: Any problems that that company experiences with lack of payment in any way, it's a direct reflection on you. MR. CONRAD: I realize that. MR. PEDONE: You're leaving that company as a registered agent -- as their -- as their qualifier? MR. CONRAD: No, I'm still qualifying that company. MR. PEDONE: Oh, so you want to qualify their company and start you~ own company? MR. CONRAD: ~ight. I've been painting for the last 11 years in Collier County. MR. PEDONE: They're a painting contractor? MR. CONRAD: I am. MR. PEDONE: Yeah. MR. CONRAD: They do cement. They do mostly cement, and I'd like to do more than just paint. MR. HAYES: AnY further questions or discussion~ I'd like to have a motion. ' MR. GONZALES: Les, you want to do it? MR. DICKSON: No. MR. PEDONE: All right. I'll make a motion that we grant Mr. Conrad the second entity -- ability to qualify a second entity. MR. HAYES: I have a motion. I need a second. There seems to be some of a hesitation on that. MR. GONZALEZ: It seems like he's going to be qualifying three entities. MR. PEDONE: No, he said he's doing away with the painting a minute. · Wait MR. CONRAD: Yes. MR. PEDONE: Okay. You're going to stop the painting contractor, so you will no longer qualify Longo (sic)? MR. CONRAD: No, no, the painting contractor is myself. Delongo is a -- a cement contractor, does mostly cement work. MR. PEDONE: And you're qualifying him with your residential builder's license? MR. CONRAD: Right. I'd like to give up the painting. MR. PEDONE: Painting, you're going to stop that, but you're going to continue with Delongo as their qualifier, plus have your own business? MR. CONRAD: Correct. MR. GONZALEZ: That clarifies that for me. MR. NEALE: Do you think it should be noted to the applicant, though, that he can only qualify two at any one time. I mean, you have to get rid of one if you're going to -- Page 5 April 16, 1997 application, you advised him as to what he would put down in the spot where it says, journeyman license or equivalent, on the application? MR. BARTOE: I have no idea. The girls handle the applications. MR. NEALE: The ordinance, as it's written under section 22-183, which is the experience requirements section, it says, in relevant part, that master's experience shall be as journeyman, journeyman's experience shall be as apprentices or trainees in the apprenticeship program approved as of the effective date by the Bureau of Apprenticeship Training, Division of Labor, et cetera, et cetera, within Collier County are hereby incorporated by reference as the required experien -- apprentice experience in order to sit for the journeyman's test in those particular trades. So it does say that master's experience shall be as a journeyman. MR. PEDONE: That's not very fair. There are areas, let's say, from -- if you were in the New York City area, you were not a union plumber, you would not have gone through a journeyman or an apprentice proqram, you would have just learned your trade, and I would think 14 years experience in the trade would be enough to substantiate that he knows his business and should be able to take the master plumber's exam. I would think that maybe that amendment -- that part of the ordinance should be altered to include necessary experience. MR. HAYES: In the version of the ordinance, there is an additional requirement section. MR. NEALE: Well, the -- the interesting contradiction in our ordinance is under experience requirements it does say that master's experience shall be as a journeyman, but under the part of the ordinance where -- under section 22-162, where it defines the experience for the individual specialty trades, it does say that a plumbing contractor requires 24 months' experience as a licensed journeyman or equivalent with a passing grade on a six hour test and a passing grade on a two hour business and law test. MR. HAYES: I thought so. MR. NEALE: So we internally contradict ourselves to some extent in the ordinance, which I think Mr. Palmer and I will endeavor to correct and it's probably good that it was brought to our attention at this point. MR. DICKSON: Mr. Chairman, one of our biggest gripes on this Board is companies that are operated by qualifiers that are not financially responsible or organizing the company. Here we have a man that owns the company who wants to take a test. It's ludicrous that we should deny it. I move that the request be approved. MR. PEDONE: Second. MR. JOSLIN: Second. MR. HAYES: I don't see a need for further discussion. All in favor? Opposed? (No response) MR. HAYES: Very well, Mr. McFarlane. MR. McFARLANE: Thank you, gentlemen. Page 8 16G April 16, 1997 MR. HAYES: We will see that that amendment is taken care of. In fact, as far as I'm concerned, it will be one of those other additional items that we'll be reviewing when we have our final workshop. Next, Thomas A. Stasko. MR. BARTOE: Now, before Mr. Stasko gets sworn in, I can give you a little bit of his history. I'm sure he can elaborate more on it. He used to hold a low voltage license, which we no longer have, and back in '89 or '90, he was told, with the type work he was doing, he was no longer required to have a license, that he could get licensed through the State, and the State did have a grandfathering period, but when he did contact him, I think he was a month late and I passed out the sheet to you this morning that fire alarm in August of '87 with a he took the exam for burglar and score of 84, and at that time, as I mentioned, he had the one hour administrative test which now requires two hours business.and law, and that's the main reason he's here. He was involved in the mix up in the whole process. We created these alarm categories in our '94 ordinance. MR. HAYES: Very well. Mr Stasko I'd like to have you sworn in, sir. · , (Thomas Stasko was placed under oath.) MR. HAYES: Your name, sir, for the record. MR. STASKO: My name is Thomas Arthur Stasko. MR. }~YES: And your request is to avoid the additional administrative exam, basically? MR. STASKO: I guess so. I -- I don't understand, you know, it's something that's -- the new ordinances, I'm not 100 percent certain exactly where I -- what category I fall into. As far as administrative experience, in 1987 when I moved here, I applied and received corporation papers for Marco Naples Telephone, Inc., and about a year later that name was changed to ATA Telephone, Inc., and I have been in business in Collier County since that time under that name. When I moved to Collier County from the Washington, D.C. area, I first leased a house on Marco Island, and after realizing the drive every day, I finally decided to purchase in the area, here in Naples. I took out a $38,000 mortgage in 1988, '89, and I paid that off last year. I've got a stack of credit cards that, you know, I stopped adding up the credit line after it hit 120,000. I do use credit cards to make business purchases. I have probably, last I counted, $5,000 on credit cards that are due. The corporation itself has an unsecured credit line of $5,000 with First Union National Bank and it has for the past five years. I've had anywheres from no employees to up to ten employees. I've ha~ ~o file the 641 forms, the W-2, W-3o thln~ it's the six--W-6 forms for une~p~~ forms, the six-- I insurance, so I think that my practical experience more than meets the requirements for any management -- MR. DICKSON: Have you been in business continuously~ MR. STASKO: Yes, sir. · MR. DICKSON: What are we doing, Mr. Bartoe? Page 9 16G April 16, 1997 MR. BARTOE: Not getting any complaints or we'd do something. If he'd been doing bad work and we'd get a call, we'd know he isn't licensed and do something about it. MR. STASKO: Sir, I, you know, I go out there, I work for some of the largest contractors and I have since '89; Boran, Craig, Barber, Engel, Morris Diesel, Scottsdale, Lutgert Companies, Westinghouse. MR. DICKSON: I don't think -- I don't think -- we're not questioning you. MR. STASKO: Okay. MR. DICKSON: Apparently, you just got caught between a crack on some licensing change and that's all there is. MR. BARTOE: That's part of it, plus it sounds to me like we have some large companies, when they're hiring these subs, are not checking for licenses. MR. STASKO: Well, you have to understand, gentlemen, please, the majority of the work that I do for them is telecommunications, telephones, but sometimes I have to go into the alarm systems and hook up the wiring so the alarm system can call out. Now, if a fire marshal or an inspector happened to be walking by and saw me with my hands inside that box, he's going to say where's your license. I didn't know about this until a week ago, because of the conversations I overheard other alarm techs saying, well, we have to get badges now, and I says holy -- something doesn't sound right. I better check into this, so I'm doing it to protect myself and my customers. MR. NEALE: Gentlemen, I think one of the questions we have confronting us here, that the Board has confronting it here, is that alarm system contractor has four different categories and they range all the way -- and what it's -- the broadest sense is this person has the ability, experience, science, knowledge and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace or service alarm systems for compensation and under category one it means a contractor whose business includes all type of alarm systems for all purposes. Well, this gentleman, Mr. Stasko, admittedly appears to have qualifications to do all kinds of telecommunications and everything. I don't know whether even he himself would say that he could go out and lay out an alarm system of any size for any size building no matter its complexity, so my caution to the Board is that it be careful in how big of a box it opens up when all he really needs to do is get into the -- into the box occasionally. MR. SCHOENFUSS: I have some questions. MR. STASKO: If -- I would like to respond to that. With today's technology and the equipment and the systems that are installed, especially in the multi-story residential and commercial buildings, there are five components. There are devices, smoke detectors, heat sensors. As far as fire, there's pull stations. Burglary, there's motion detectors, vibration detectors, et cetera. Those are devices. They're all U.L. listed. With those, there are tech specs that explain how the installer 1 Page 10 16G April 16, 1997 should properly install that. After the device is there, it is wiring, cabling, just putting the wire through the ceiling or through the conduit, however. Then there is the hardware that complaint -_ consists of computer printer boards, CPU boards, processing boards and then there is software. There is all sorts of documentation that an individual, such as myself, can open up and say program Zone A to equal, and there's a line there, and you write in fifth floor, door entry, and there are procedures to test that. There's technical support. I have, in the recent past, been called because there was a problem between the telephone company and the alarm people, and I had to go in there and troubleshoot the alarm system. I had to call their 1-800 number for technical support. MR. DICKSON: ,Let me interrupt here. MR. STASKO: So, yes, I feel comfortable and I think I've -- MR. DICKSON: Mr. Bartoe, let's get back to the original request. The original request is an administrative exam; is that not correct? MR. BARTOE: That's what he took which now requires the two hour business and law. , MR. DICKSON: So if we waive that two hour administrative exam, it in no way affects the license that he already would have or does it? MR. BARTOE: He has no license with us. MR. HAYES: That's my concern. Operating in a construction industry for how many years with absolutely no license at all and it didn't occur to you that you needed to look into that? MR. STASKO: No, sir, no, sir, no, sir, not without any license. When I first moved to Collier County, I was told, well, you have to have a license. MR. BARTOE: He was told and he obtained the low voltage license that we had at the time after takinG the exam for burglar and fire alarm, and then he was told, I think in 89 you no longer need that license. , , ~R. SCHOENFUSS: I have some questions about this licensing thing. I need an education, I Guess, that may or may not directly affect this, but if this is requested, what type of license does Mr. Stasko get, a Collier County alarm license? MR. BARTOE: Alarm systems contractor one. This test qualifies for that. ~'~. SCHOENFUSS: According to the Collier County -_ and according to the Collier County ordinance, does Collier Count thl him to work on fire alarm systems t~-- Y 'nk that ~=u are required by law? permits MR. BARTOE: According to our ordinance, I believe it does. MR. SCHOENFUSS: Now, this is where I'm confused, because about three years ago, I heard -- it was told by the office of the State Fire Marshal and by the electrical contractor,s licensing board that only State certified unlimited electrical contractors and State certified fire alarm contractors could work on fire alarm systems, and that no one with a State registered license, meaning a county qualified license, could do fire alarm work. Has that changed? MR. STASKO: According to the information that I've received in Page 11 1 16.G Agril 16, 1997 the past week, a registered contractor can perform work on fire alarm systems within the county that he has a license. MR. DICKSON: Perform work, but I'm going through this right now in a new building that I'm building for our company. We want a burglar alarm but we want a separate fire alarm. I'm finding out that there's only one or two people in this town that are licensed to do that, because that is a totally separate qualification. What I -- what I want to make sure of is what I do here today doesn't always -- automatically give this individual a license that he's not qualified for, in particular, that fire alarm, because that is special State testing. MR. SCHOENFUSS: Well, I'm under the impression that Collier County has taken upon itself to authorize something that the State does not permit. There,s a discrepancy here between the State and -- MR. BARTOE: I'm assuming -- I'm assuming in '94, something happened. I was not in licensing then. Jim wasn't, Paul wasn't. In '94, we added these licenses to our ordinance. They are in the '94 ordinance underlined, which means they are new to that ordinance. MR. SCHOENFUSS: In '94. MR. BARTOE: Correct, and -- MR. SCHOENFUSS: But just last year, I was told, once again, by a representative of the State electrical contractor's licensing board that only State certified contractors could do fire alarm work, and then -- and yet I'm aware of the fact that Collier County has an ordinance that recognizes a fire alarm license. So I ask Mr. -- Mr. Neale here, what's -- is there a conflict between the State and the county here? MR. NEALE: I'm just looking at that right now. Alarm contracting in the state is covered by 489.501 and after that, and I'm just looking at it right now because they do set it out separately from the other part of 489, which is regular contracting, building contracting, and I'm just looking now to see what the applicability of it is. MR. PEDONE: Is it possible to grant a -- a fire and burglar alarm license with giving him the two hour -- the one hour in place of the two hour with a restriction as to telecommunications work only? MR. NEALE: We do have the ability to issue restricted licenses, if that is the case. MR. PEDONE: I think that covers that, doesn't it? MR. SCHOENFUSS: I think we have two completely separate issues here. MR. PEDONE: I don't think our issue at this time is to take care of the State and the county. MR. SCHOENFUSS: No. MR. PEDONE: I think the question we have here is whether this gentleman can get his license or not in Collier County, and that should be the only issue we're looking at right now. I don't think it's the time to debate between whether the county and the State is right or wrong. He's -- he's the problem right now and I think we have to find some way to fix his dilemma. MR. BARTOE: Well, I believe that alarm contractor one covers Page 12 16G April 16, 1997. burglar and fire -- MR. PEDONE: It says and he -- you took the exams. MR. BARTOE: -- in our ordinance. MR. STASKO: I took the exam for burglar and fire alarm. MR. PEDONE: Fire alarms. So in -- MR. STASKO: Yes, sir. MR. PEDONE: -- effect, that proves that he -- if he took the exam and passed with a score of 84, he must know a little something about burglar and fire alarm, correct? MR. BARTOE: That's what I would assume. MR. PEDONE: That's what I would think, too. MR. NEALE: Okay. Let's address Mr. Schoenfuss, question for a moment. There is a State registration for alarm system contractors, and in order to be,registered as an alarm system contractor one, alarm system contractor two or residential alarm system contractor, which mirror our ordinance, the applicant shall file evidence of holding a current occupational license or a current license issued municipality or county of the state for the type of work by any for which registration is desired on a form provided by the department. So, it is -- o~r license can be registered with the -- State to qualify as an alarm alarm system contractor in the state. Now, I -- I know there's a substantial distinction though within the state statutes between alarm system contractors and sprinkler contractors. There is a whole set of state statutes on fire sprinkler categories and who can do sprinkler systems and things like that, and that, as Mr. Dickson brings up, is a very different kettle of fish, and there are, I think, only five licensed sprinkler system contractors in all of Southwest Florida or somethinG, so -- but you can register your local license with the State to become a State registered alarm system contractor, accordinG to this. MR. DICKSON: And maybe some clarification on burglar and fire alarm, and we don't have an alarm contractor on this Board, so I need your help. MR. NEALE: The way they define alarm system, if I may, in the statute -- MR. DICKSON: Please. MR. NEALE: -- is under 489.505 of the Florida statutes, they say alarm system means any electrical device or combination of electrical devices used to detect a situation which causes an alarm in the event of a burglary, fire, robbery, medical emergency or equipment failure. So they include fire within that. MR. BARTOE: And I believe Mr Neale, ordinance is modeled after that. ' · our MR. NEALE: Our ordinance, the language is almost identical to the State statute on alarm systems. MR. DICKSON: Well, what we were looking at -- or looking at in the fire, is a direct -- not -- not a fire sensor or a heat sensor that's on every alarm system that we're all familiar with, Goes to your switchboard or to some monitored switchboard, okay, that talking about a fire alarm that Goes directly to the fire I'm department. PaGe 13 166 April 16, 1997 That's an entirely different ball game. MR. STASK0: Yes, it is, and I believe that -- I don't know how to -- how to say this. The sheriff's department, some building that they decided they wanted directly hooked up to the fire department, yes. I know of none, no commercial buildings, no condominiums that go directly to the fire station. They go to a switchboard. In other words, the equipment auto dials, usually a phone number. They do a handshake, like a computer, and then it down loads the information. MR. DICKSON: Well, there are some because I have talked to Chief Rogers, who just retired, and Chief Rogers gave me two names in Souuhwest Florida that were qualified to do it. MR. STASKO: Okay. MR. NEALE: I.have to say that my reading of the State statute says that there's no distinction made between connection to the -- unless they can show a different statute, there's no distinction made between contact -- connecting with the fire department and connecting with ADT. MR. HAYES: Very well. I think we need to hold on to the specific issue in question. Also, if I may warn all of us present, that it is very difficult to record us when more than one person speaks at the same time. We need to hold that to a minimum, if possible. Mr. Balzano, did you have something to add? MR. BALZANO: Well, either I'm in a different ball game or I'm missing something. The man took the exam like he was supposed to and then we told him two years later he no longer had to be licensed to perform his duties. In '94, we changed the ordinance. He doesn't know. He was told he didn't need a license. Now in '97, we say he needs a license. He already took the exam. If we didn't tell him he didn't need it, he'd still have that and it would still be good. Now we're telling him, to get his license back, he's got to take another test that he already took. There's something wrong here. The dog's chasing his tail. He already took the exam and we told him he didn't need it anymore. MR. DICKSON: And I agree with you 100 percent in what you're saying. I just wanted to make sure that we didn't accidentally give this man a license that is not something that other contractors have and have to go through the State to get. MR. HAYES: Has he met all the other qualifications for the license? I mean, actually, he didn't just take th~ exam, he held a license. MR. BARTOE: We -- we have a file on him with his experience, letters, et cetera. I advised him if this gets approved by the Board, we would need an updated credit report on him and on the company. MR. HAYES: Then, in other words, if he -- MR. BARTOE: Plus we want a new application His application is 1987. ' 1 ; Page 14 16§ 1 April 16, 1997 MR. HAYES: My point is that if he had a new application and met all the requirements by that application, it would go through anyway. MR. BARTOE: Yes, sir, we believe so. The only holdup is the two hour test. MR. PEDONE: I make a motion that we grant Mr. Stasko the ability to use the one hour portion of his exam to obtain his license in place of the two hour. MR. SCHOENFUSS: Second. MR. HAYES: I have a motion and a Second. Any further discussion? All in favor? Opposed? (No response)' MR. HAYES: Very well. Done deal. MR. STASKO: Thank you, sir. MR. HAYES: Having no old business, we'll move to the public hearing. MR. BARTOE: First, Mr. Stasko, I believe you do have a new application form and just get that completed and your new credit reports in and as I advised you yesterday, the girls do have your folder in the pending file. MR. STASKO: Thank you. Thank you, gentlemen. MR. HAYES: Thank you. We have one case, public hearing, contract CLB Number 97-003, Michael Freels versus Ruben Ramirez, d/b/a Rube Tile and Marble, Inc. Can we proceed with this? MR. BARTOE: Is Mr. Ramirez present? MR. HAYES: Before you begin, we need to have you sworn in. (Ruben Ramirez was placed under oath.) MR. HAYES: State your name, sir, for the record. MR. RAMIREZ: Ruben Ramirez. MR. HAYES: And the nature of your -- MR. RAMIREZ: Ceramic tile installations. MR. BARTOE: I did not mean for him to come to the podium. I just asked if he was present. MR. NEALE: No, the normal procedure that we follow usually is that the complainant puts on their case and then the respondent puts on his case so -- MR. RAMIREZ: Okay. MR. HAYES: Very well. We have taken care of part of the business. He is now sworn in. MR. BARTOE: On this case, case 97-003, against Mr. Ruben Ramirez doing business as Rube Tile and Marble, the complaint was filed by a Mr. Michael Freels, and the complaint was dated the 29th day of January, 1997, and Mr. Freels -- Mr. and Mrs. Freels contracted with Rube Tile and Marble to have ceramic tile installed in their residence at 4240 Jack Frost Court, Nur~ber 8, in Naples. The job was completed May llth, 1996, and the Freels have continually experienced cracked tile and grout. Some grout and tile was replaced on June 8th, '96, and the Freels have continued to see new Page 15 16G April 16, 1997 cracks and irregularities and state they could not get the contractor back to correct the problems. The Freels also state they had to pay more for the job than the contracted price due to a couple of things. They state they had to pay a hundred dollars for sealant twice. They had to pay $65 for AC service that should not have been necessary, and $60 to replace the locks. At this time, staff requests that Composite Exhibit A, which has been provided to the Board, to Mr. Freels and to Mr. Ramirez be admitted into evidence. ' MR. DICKSON: Dickson, so moved. MR. JOSLIN: second. MR. HAYES: All in favor? Opposed? (No response) ~ MR. HAYES: Very well. (Petitioner's Composite Exhibit A admitted into evidence.) MR. BARTOE: Mr. Freels, would you take the stand, please? MR. HAYES: I'd like to have you sworn in, please, sir. (Michael Freels was placed under oath.) MR. HAYES: Your name, sir, for the record? MR. FREELS: Michael Wayne Freels. MR. HAYES: Very well. Mr. Bartoe? MR. BARTOE: Before we continue with Mr. Freels, in his complaint, page E-2, he has charged violations of section 4.1.8, which is committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. That section, staff would like to amend to section 4.1.8.1, paragraph C, and that is in your packet, the second page, and paragraph C states the contractor's job has been completed and it's shown that the customer has had to pay more for the contracted job than the original contracted price as adjusted for subsequent change orders, unless such increase in cost was a result of circumstances beyond the control of the contractor or was the result of circumstances caused by the customer or was otherwise permitted by the terms of the contract between the contractor and customer. And the second charge, you know, we'll leave stand as charged, section 4.1.10, failing to promptly correct faulty workmanship. Mr. Freels, do you have a copy of the packet that I provided you with in this case? MR. FREELS: Yes, I do. MR. BARTOE: Along with your -- with your complaint, you submitted a letter dated October 16th, 1996. In that packet, it's down at the bottom, page E-3, and if you would, sir, would you elaborate on this letter a little more? MR. FREELS: This letter was sent to a Mr. Richard Lopez. He is an agent for Rube Tile and Marble, and he is the gentleman that my wife and I had our business dealings with in May of 1996 in regards to the contract, the quotation to replace -- I mean, not replace, but install ceramic tile at our residence at 4240 Jack Frost Court. The job was done originally on the 10th and llth of May 1996. My 1 Page 16 April 16, 1997 wife and I were not present at our residence during the time that this work was done due to the fact that both of our bathrooms were out of commission and we checked into a hotel here in Naples to allow them to get in and complete the work in a timely manner that was in a situation that would be gainful to my wife and I, and they did do the work on a Saturday and a Sunday. They began the work on a Friday, I believe. They came in and installed the cork insulation and it had to have a curing time involved and they could not begin installation of ceramic tile until the Saturday following. At that point in time,' they came in and they laid down all the ceramic tile throughout the -- the unit. My wife and I, at that -- that one Saturday, came by late in the evening just to check on the progress, and we noticed that no one was present and our front door was open, and fortunately, we got there just in the nick of time to prevent a thunder storm that was taking place from doing damage to the interior of our condominium. The next day, on Sunday, they returned and completed the grouting, and we were able to reoccupy the condominium that evening. At that point in time, we noticed that our air conditioning unit had been turned all the way down to below 60 degrees, and our coil iced up, and we incurred an expense to have that repaired. Approximately 30 days or a little more than 30 days, I don't recall exactly, I have a copy of the check here, it was dated May 27th, Mr. Lopez came back to install the sealant to seal the grout and we were -- at that time, we were basically unaware that his original quotation, which is listed on E-5, clearly states material is a total of $800 and sealing, and he included this in his total of $2,004. At that time, we were charged an additional hundred dollars for this sealant, which I have a copy of the returned check here. I also have a copy of a bill from Service America to come out and take care of our air conditioning coil. Shortly after the sealant was applied, we noticed several areas of hollowness in our ceramic tile, and we became alarmed and we also noticed several areas where some grout joints were starting to come completely out of the area that they were intended for. Mr. Lopez came over and made some repairs on one occasion and the problem continued. Mr. Ramirez came back on a second occasion and made some further repairs, but our problem was still not resolved. We -- MR. BARTOE: Do you know approximately what date that was Mr. Ramirez came back? MR. FREELS: I believe it was on -- he came the first time on September 9th, and then he came back on September the llth and replaced some -- he came over on the 9th of September '96 and looked at it, and then he came over on the llth and replaced some grout and one cracked. We continued to notice in various areas throughout our condominium where the ceramic tile was placed that there were numerous, numerous other areas that had cracked grout and loose tile. We, at last count, and this number can't be held as accurate presently because the -- it changes -- it escalates on at least a weekly basis, sometimes a daily Page 17 April 16, 1997 basis, we find an additional tile or several additional tile. At last count, we had a count of approximately 40 loose tile and numerous areas of grout that -- and in some cases, the grout -- the grout had completely come out of the cavity where it was intended to be placed. MR. BARTOE: You advised that September llth is when Mr. Ramirez was there and replaced some grout and one whole cracked tile? MR. FREELS: I believe that is correct, yes. MR. BARTOE: Has he been back to your place since then? MR. FREELS: No, he has not. MR. BARTOE: Had you got a hold of him to advise him you still had problem? MR. BARTOE: Oh, we had made numerous attempts to contact Mr. Richard Lopez, and'he did come to our condominium, or place of residence, on two occasions. Once was to meet with the license and compliance board, and I believe that you weren't present at that time, the first time, and the second time, he, Mr. Lopez came by to take some pictures and request an accurate count of what areas needed to be replaced, and we had gone through the -- the trouble to mark the areas that we had found that needed to be replaced. At that point in time, he took some pictures and left and we have not seen or heard from either one since, and this was, I believe -- this was sometime this year. I believe it. was in January. I'm not sure. I don't have that in front of me. Our main purpose in filing with the license compliance agency is we would just like to have our tile problem resolved. We paid to have it installed and we would like to see it resolved and fixed in a worl~anship like manner. MR. BARTOE: Correct me if I'm wrong, Mr. Ramirez, from what I understand, was last at your place September llth, when he replaced some grout and one cracked tile and you have not been able to get a hold of him since that time? MR. FREELS: That is correct. MR. BARTOE: At this time, I also would like to be sworn in because I have some information to offer in this case. (Mr. Bartoe was placed under oath.) MR. BARTOE: I have a tile that was taken uD in Mr. Freels' kitchen on March 24th, and I'd like to lay it up on the edge up in front of the Board so that they can get a better look at it. Also, if Counselor would like to enter this into evidence. MR. HAYES: You're requesting to enter three pieces of broken tile into evidence as Exhibit B? MR. NEALE: Uh-huh. That would be Exhibit B. MR. BARTOE: Yes. MR. HAYES: I need a motion to approve it. MR. DICKSON: Dickson, so moved. MR. GONZALEZ: Gonzalez, second. MR. HAYES: All in favor? Opposed? (No response) (Petitioner's Exhibit B was admitted into evidence.) Page 18 16G April 16, 1997 MR. HAYES: The purpose of this exhibit, Mr. Bartoe? MR. BARTOE: If the Board would look at it, you know, staff feels just by looking at it that since that was not properly applied all over before this tile was taken loose, it was very, very hollow sounding. It's believed it eventually would -- would crack and/or pop loose, and as I -- as I said, if you look, you can see the thin set was not attached in areas of the tile, and while I was at the house, as Mr. Freels has testified on that day, there was approximately 40 tile that had the same hollow sound that he had marked and I tested and agreed with him that they sounded the same as this tile. There was also, I noticed, some cracking of grout between tiles. MR. HAYES: Is this tile floor on a concrete floor? M~. BARTOE: Yes, a second floor and you can see from the tile they did -- they did cork. At this time,.staff has nothing else to ask of Mr. Freels. Possibly Mr. Ramirez has some questions for him -- MR. DICKSON: I have one question. Did you get other bids or was this the only bid you got? MR. FREELS: Pardon me? MR. DICKSON: Did you get other bids for this work prior to contracting with these people? MR. FREELS: No, we did not. We -- we were introduced to Rube Tile and Marble by a job that they did on our downstairs neighbor's lanai and I -- after I spoke with my downstairs neighbors and inspected their work down there, I was satisfied that they could do a good job and -- and I did not solicit any other contractors or subcontractors, I'm sorry. MR. DICKSON: Okay. Thank you. MR. NEALE: All right. Mr. -- MR. BARTOE: Mr. Freels -- I guess this isn't on Can everybody hear me? · Page E-5, the proposal from Rube Tile and Marble, there's a spot there that says see asterisks, you charged us twice for this M F. Did you write that, sir? MR. FREELS: Yes, I did. MR. BARTOE: And I see the asterisks up above and that's beside the words and sealing, so you're trying to say by what you wrote on there, that the sealing was to be included and then you had to pay an extra hundred dollars for it? MR. FREELS: That is correct. MR. BARTOE: And how much did you say you had to pay for air conditioning repair? MR. FREELS: I have an invoice here for $79.23. MR. BARTOE: And I don't believe that invoice is in this package, is it? MR. FREELS: No, I don't believe it is, no. MR. BARTOE: Staff would then request that we admit that into evidence as Composite Exhibit C. unit?Does the invoice state what was wrong with the air conditioning Page 19 16G April 16, 1997 MR. FREELS: It only states that it had to be cleaned because it became clogged after excessive icing. It d6es not state that, but that's why it had to be cleaned, it was totally clogged. MR. BARTOE: Were you at -- were you present when the man worked on it? MR FREELS: Yes, I was. MR BARTOE: Is that what he explained to you? MR FREELS: Yes, uh-huh, it was left on and iced totally over. MR BARTOE: Thank you. MR NEALE: The Board needs to act on the request to admit -- MR HAYES: I just need to see the evidence. MR FREELS: Do we need to submit a copy of this check for a hundred dollars for the additional sealing? MR. BARTOE: I believe, Mr. Neale, that staff would request the check he paid for a hundred dollars for additional sealant to be also admitted. ' MR. NEALE: Uh-huh. MR. HAYES: Before I act on the one, I'm going to wait for both of these exhibits and we'll act on them both together. MR. BARTOE: And Mr. Freels, did you testify today as to having to replace the locks? MR. FREELS: Well, I -- I -- we -- yes, we did have to replace both the front entry turn lock and the dead bolt. MR. BARTOE: Would you explain why? MR. FREELS: There was a key that was issued to Rube Tile and Marble's agent that was not returned. MR. BARTOE: Do you have an invoice for that? MR. FREELS: No, I do not. MR. BARTOE: Do you know who that was paid to? MR. FREELS: The locks were purchased from Naples Lumber here in Naples. I bought them through a salesman that I did business with when I was with the company that I worked for at the time. MR. BARTOE: And you are stating you paid $60 for those locks? MR. FREELS: Yes. MR. HAYES: I need a motion to admit Plaintiff's Exhibit C and D into evidence. MR. PEEK)NE: Make a motion. MR. DICKSON: Second, Dickson. MR. HAYES: All in favor? Opposed? (No response) (Petitioner's Exhibits C and D were admitted into evidence.) MR. BARTOE: I believe Mr. Ramirez has the right to cross-examine both Mr. Freels and myself. MR. HAYES: That's correct. Do we have any questions of this -- MR. PEDONE: Yes. Mr. Freels, the air conditioning, you say the coil froze. Shouldn't it have just been left alone and it would have melted and thawed and then be operating again? MR. FREELS: We were told that it had run so long, I'm -- I can't give you an absolute period of time that it ran, because the Saturday 1 Page 20 16G 1 April 16, 1997 that we observed the front door open, I know that it was running, but I don't know where it was set because we could not walk on the freshly laid tile. The next day is when we observed that the thing was down. The thermostat was set below 60 degrees and that it was not cooling and the reason it was not cooling is because there was well over an inch of ice on it. When we called our service company to come out, they said, well, we'll let it unthaw, and see if it -- what -- what will happen. We did let it unthaw, and it continued not to -- not to cool, and that's when they said that it needs to be cleaned is why it's not cooling. It -- I don t know their technical theories behind this, but they said due to the over icing, it'has inhaled or digested some dust particles and it needs to be cleaned. MR. PEDONE: I used to be in the air conditioning business and that just doesn't make any sense. That -- that's just ridiculous. I think you aot taken, but that's just my opinion. Ice melts, it melts. It's a -- ~t's a piece of pipe with fins. Air passes through it. If it's clogged with ice and the air can't pass, what happens is the air is backing down, it keeps your motor cool. If the ice disappears, then the air passes through it. Dust is not going to stop the air from going through it, but that's another -- another thing, you stated that they finished the grout on a Sunday morning -- MR. FREELS: Yes, sir. MR. PEDONE: -- or Sunday afternoon? MR. FREELS: Yeah, it was Sunday. MR. PEDONE: And you were able to move back into the apartment on Sunday evening? MR. FREELS: We were able to occupy the apartment. MR. PEDONE: And the grout was completely dried at this time? MR. FREELS: It was substantially dry. It was dry enough for us to walk from the entry to our bedroom. MR. PEDONE: Okay. And you had it put on cork. Was that for resiliency? MR. FREELS: That was for sound and it's -- MR. PEDONE: Sound? MR. FREELS: -- a by-law at our condominium that you have to have a sound retardant. MR. PEDONE: Okay. Thank you. MR. HAYES: The grout -- the tile setting job was completed on Saturday. MR. FREELS: That is correct. MR. HAYES: And when you returned to the premises Saturday afternoon and saw your front door open, that was your first indication that you had a problem with this contractor? MR. FREELS: That is correct, yes. MR. HAYES: How long would you guess that that door -- front door was open from the time the individuals left until you showed up? MR. FREELS: I have no idea. I went by early that Saturday Page April 16, 1997 morning to make sure that they were there working and they had just -- they had just appeared, and my wife and I went back to our hotel room and did various small chores, shopped and ate and later that afternoon, I said, you know, let's go by and see what it looks like. I had mentioned that to my wife, and she said fine, and when we came by, the front door was open and no one was there and fortu 3- outran a pretty stron~ thu-~ ......... nately, we barely out nave done ~=~_~ ~_= .... ~o~m cna~ was moving in tha w sub~~x uama e, no . t ould us. g ~ only to our unit, but the unit below MR. HAYES: When did -- when did they actually start the tile installation, not the old removal? MR. FREELS: The installation of the tile or the cork? MR. HAYES: The tile itself. MR. FREELS: The tile itself, Saturday morning. MR. HAYES: In other words then, then if they started layin~ approximately 400 square foot of tile Saturday morning, what time of day did you say you got there Saturday afternoon? 1~. FREELS: It was after four o'clock, I believe· MR. HAYES: I'm going to suggest that it wasn't a lon~ term. It sounds like between the time they completed 400 square feet after starting that amount, and the time you got there at four o'clock that afternoon, an hour, two hours perhaps. MR. FREELS: Perhaps two hours I'm not certain. · -- I can't say for MR. HAYES: Very well. Then the freezing up of the air conditioner may be a result of the work itself when the door is open during the construction phase, not necessarily the abandonment of the premises for any length of time. Very well. If there's no further questions of this witness, I'd like ~2o have Mr. Ramirez come up. MR. NEALE: Well, Mr. Ramirez gets the opportunity to cross-examine this witness first. MR. RAMIREZ: No, I have nothing. MR. HAYES: Very well. MR. BARTOE: Does Mr. Ramirez wish -- wish to testify? MR. RAMIREZ: Yes, I do. MR. HAYES: Very well. Thank you, sir. MR. HAYES: Mr. Ramirez, you've been sworn in. We are aware of your name, so if you would just -- MR. BARTOE: Was he sworn in? MR. HAYES: Yes. MR. NEALE: Yes MR. RAMIREZ: Just in defense of certain areas of the tile not being fully covered is because the traditional method of installing tile is leveling the floor. Now, that's -- that's -- that is the spec for any installer to do that, but the floor must be level to get 80 percent coverage. Now, on second floors, they're -- they're -- they' 9°toriously known for having -- bein~ very irregular re just · It just -- it's · mpossible to get a full coverage on any -- on any second floor. Page 22 16G April 16, 1997 As far as the locks and the air conditioning, I can't -- there's nothing I can say about that. I didn't -- I have nothing -- no -- there's no defense because I didn't have nothing to do with that. MR. HAYES: And your -- have you observed this -- these three pieces of broken tile? MR. RAMIREZ: Yes, because I -- well, not those particular ones, but I repaired several, four of them that were high because the floor being high -- having high points and low points and you just can't get mud under the whole -- the whole tile. MR. HAYES: Would you examine this and explain, is this an unusual condition that we see? We see pieces of the thin set still attached, some none absolutely where -- no -- no touching practically at all and then of course, some of the cork. Is that a normal thing for you to observe if you were to go to a person's house and a tile popped up? MR. RAMIREZ: .Well, like I said in -- MR. HAYES: I'm sorry, sir, you need to go back to the -- and if you need the exhibit to help the explanation you can bring it with you. , MR. RAMIREZ: No, I don't need it. That's one of the factors of it sounding hollow is because if you put a tile on a high point, you're not going to have any mud. You have to roll with the floor. We didn't -- we not contract to level the floor or otherwise you'd have a complete bonding throughout. That's why in some instances you will have a hollow sound That's nothing I can do about that. · MR. HAYES: You're telling me that if I had hollow sounds in my completed tile floor, that you'd say that was unavoidable and normal? MR. RAMIREZ: Unless you paid for a -- for a floating, a leveling of your whole floor. MR. HAYES: Would that be something you should recommend to prevent these kinds of occurrences? MR. RAMIREZ: That's the standard practice not to do that to keep costs down, unless the customer asks for that, and that's not that's not .... MR. HAYES: But it's not something you would recommend~ MR. RAMIREZ: I always recommend it. ' MR. HAYES: You always recommend it? Do you feel -- MR. RAMIREZ: But it doubles the price, that's -- MR. HAYES: Do you feel that you recommended that in this case? MR. RAMIREZ: No. MR. DICKSON: Can I ask some questions? He's referred to a product ill here in his letter, the grout being a Mapeii Is that Mapeii? . MR. RAMIREZ: Mapeii, Mapeii, however you -- MR. DICKSON: Well, what's the spelling? MR. RAMIREZ: M-A-P-E-I-I, something to that effect. MR. DICKSON: Okay. That's Mapeii MR. RAMIREZ: Yeah. ' MR. DICKSON: MR. RAMIREZ: Now, first of all, Mapeii is a very large company Yes, it is. · Page 23 16G April 16, 1997 MR. DICKSON: Very well known, it is a quality product. MR. RAMIREZ: Yes, it is. MR. DICKSON: Second thing here, when you lay tile, and I've done tile, so I know a little bit of what I'm talking about. MR. RAMIREZ: Okay. MR. DICKSON: Are you not supposed to, as well as a solid thin set on the floor, but are you not supposed to butter the backside of the tile? MR. RAMIREZ: In a -- in a traditional tile installation, yes, that's why they call that a thin set. We did not do a mortar set, a mud set. MR. DICKSON: Well, a thin set requires a total butter on the back of the tile as well, correct? MR. RAMIREZ: ,If you can get it, but it's impossible to get it with the -- with the current flooring in any situation. MR. DICKSON: Well, let me -- let me throw another thing at you. On any thin set application, you are required -- you're supposed to have 100 percent bonding, but you're required to have -- MR. RAMIREZ: It's 80 percent. MR. DICKSON: -- 95 percent. What'd you, say 80 percent? MR. RAMIREZ: Yeah. MR. DICKSON: No, sir. MR. RAMIREZ: At one time, it was. MR. DICKSON: No, sir, it's 95 percent. I can prove that. MR. RAMIREZ: Okay. MR. DICKSON: It has to be a 95 percent bonding, minimum. Do you have 95 percent bonding on this tile? MR. RAMIREZ: No, but it -- 95 percent, and I won't q~estion that, that's if you do a traditional mud set, and that's not a traditional mud set. MR. DICKSON: Well, let me ask you this. If you knew putting this tile down was going to be improper, it was going to be hollow, that you weren't going to have a 95 percent bonding, then why didn't you bid the job in such a manner as to ensure a completed quality product instead of something like what he got? MR. RAMIREZ: Because that's not a standard practice, sir, in all honesty. It's -- if we have a contractor such as Pino doing it for 99 cents, and we're doing it for two dollars, if you charge them five dollars a foot for an installation, you just -- it's not feasible for anybody to do -- MR. DICKSON: competition -- MR. RAMIREZ: MR. DICKSON: MR. RAMIREZ: MR. DICKSON: properly -- MR. RAMIREZ: MR. DICKSON: MR. RAMIREZ: Well, every contractor on this Board up here has Right. -- that does that as a regular basis. Right. You bid a job at a price to where it can be done Right. -- or you don't bid it. Well, that's the standard installation, Page 24 16G 1' April 16, 1997 sir. That's not the traditional method. MR. DICKSON: I disagree with that. MR. HAYES: And the tiles, the irregularities of the tiles coming up and the grout joints breaking open, is that standard practice too? MR. RAMIREZ: No, it isn't. I can't -- some of the tiles that got loose perhaps were walked on. That's why -- and some of them were high and that's why I went back. He replaced four. I went back and replaced four and did some grout repair. Now, after the fact if he -- if he goes around and checks for hollow points, he's going to find them. You're going to find them in any "~h~ ~ ~?YI- ~ ~.~tuation that has that installation. , n nY-~o ~a -- illin? to go back again, but he was being abusive to my partner, and I can t -- I got to -- have to stand by my partner because he~s very competent in what he does, but what I was looking for was an.unbiased mediator to go in there and look at it, and he never got back -- MR. HAYES: I would suggest a lot of this complaint is a spinoff of the gentleman walking into his home and finding the door left open by your installers. I think that may have spawned a -- an attitude in this individual that, from that point on, you're in trouble. I would suggest that if my installers were to do the same thing, that I would probably have to eat a little bit more crow and probably have to return a few more times than normal to overcome the bad taste that we left in his mouth by leaving his personal home open to anyone. MR. RAMIREZ: Well, I apologize for that if it did happen, but I -- I did the job personally, so did Richard, and we did have help, and that's never happened before. I've got a half a million feet under my -- under -- under these particular hands after so many years, and we did we dl~ go ~ack and we did -- an~ I didn't -- I didn't shuck him off or anything l~ke that, but he was just. in my opinion, was asking for too much and that's why I would ' and ~e'll accept any rulina froM ~u~ s~on have a medlator go in reach a finality to the situation~ ~n~, PUt we were just trying to MR. HAYES: Is it normal practice or usual or regular that you're trusted with an individual,s key to their home to be entering and leaving at will during an installation? Is that normal or is that something that you particularly practice or is that something you suggest or recommend for convenience for everyone? MR. RAMIREZ: No, because -- because we agreed to do it on a weekend and he needed to stay somewhere, well, it had to have been, you know, we had to do it. MR. HAYES: Okay. And the reason I ask is because if - - if I was entrusted with an individual,s key to their home, I think that I would be shaking all over until such time as I could relinquish that key, which means that I would make darn sure those premises were secured. I wouldn't want someone else to come behind me and steal him blind and then him think that it was myself that did it MR. RAMIREZ: Right. ' MR. HAYES: So I would be specifically concerned. Did -- I mean, is there a procedure -- were you the last Page 25 1.6G 1 April 16, 1997 individual out and forgot the door? MR. RA/~IREZ: No, my partner had the key. He did return it. Like I say, we are human. If that did happen, you know, we apologize, but other than that, I cannot say any more, you know. MR. HAYES: Very well. Neither one of you remembers locking it as you left? MR. RAMIREZ: Well, I wasn't the last one on the job, so obviously I didn't, so -- MR. SCHOENFUSS: I have some questions. Mr. Ramirez, in your contact with Mr. and Mrs. Freels on this project, who did most of the contact, you or Mr. Lopez? MR. RAMIREZ: Well, at that particular time, I was recuperating fron an injury, so'I -- all the calls were redirected through Richard. He handled that contract, but I did do some of the work and so did he, but most -- almost.all of it, 99 percent of it was handled with Richard. MR. SCHOENFUSS: And is Mr. Lopez your employee or your partner or MR. RAMIREZ: He's a partner. MR. SCHOENFUSS: He's a partner. And you said you had some other help on the job as well? MR. RAMIREZ: Yes, just for help, manual labor help. MR. SCHOENFUSS: Was -- was that manual labor -- were they your employees or -- MR. RAMIREZ: Yes. MR. SCHOENFUSS: And do you have workman's compensation insurance on your employees? MR. RAMIREZ: Well, they were part -- they were part time and they had exemption. They were exempted and they had their own liability. it. MR. SCHOENFUSS: Would you repeat that? I'm not sure I understand MR. RAMIREZ: They were helping us and they did have their workman's comp exemptions. MR. SCHOENFUSS: They had their own workman's comp? MR. RAMIREZ: Uh-huh. MR. SCHOENFUSS: And were they licensed tile contractors? MR. RAMIREZ: No. MR. SCHOENFUSS: But they were working for you as subcontract employees -- subcontract -- MR. RAMIREZ: No, they -- in effect, yes, but that system changed because of my accountant said that it really doesn't work in that fashion, so basically, we've been doing the work by ourselves. MR. HAYES: Would you say the last time you examined the job, would you say that it was a satisfactory tile job, that you should be paid in full and that the owner really doesn't have a complaint here? MR. RAMIREZ: He does have a complaint if it -- and yes, and yes, he does have a legitimate complaint, but I -- we did Go back and it just kept escalating and we just wanted to reach some sort of, like I say, a finality to the problem, and it just kept Growing and Growing and GrowinG, but the job turned out fine. It's -- Page 26 1 April 16, 1997 MR. HAYES: You would say -- you would suggest today that he got what he paid for and that the job has been completed, in your estimate, to satisfaction at this point? MR. RAMIREZ: Yes, and like any job, with perfection you're not going to achieve. We went back to satisfy any complaints, and we were willing to do it again, but he was just asking for too much, in my opinion. That's why we were willing to come before the Board, and if there is some sort of mediation, somebody -_ an unbiased third person to go in there and state -_ and make a recommendation. MR. PEDONE: Mr. Ramirez, do you have any explanation as to why the grout would be coming up? MR. RAMIREZ: It didn't come up. MR. PEDONE: It was testified that it came up in chunks, I believe. , MR. RAMIREZ: .No, no, that's -- that's -- that's a false state because I -- I went and looked at ' job was done· There was s ..... }t myself several months ~ ..... ment · ~= nalrli ~=~ ~ne Now, if he has other -- like ~ ne cr~ck~: ~ut we fixed them. the hollow sounding tiles, and you're just not going to get 100 x say, I tnln~ the main problem is percent, 95 percent bondage on -- on any -- on any floor. You have to have a level floor to get that. It's just -- they're just not there. MR. GONZALEZ: Were you aware of the unlevel floor before you started the job? MR. RAMIREZ: All floors aren't level. I'd be willing to bet 99 percent of all floors aren't level. MR. GONZALEZ: Aren't level~ MR. RAMIREZ: Yeah. ' MR. GONZALEZ: On second stories? ~. RA/4IREZ: On second stories given. , first -- first floors, that's a MR. GONZALEZ: And did you make the homeowner aware of that? MR. RAMIREZ: I didn't, because I didn't -- did not contract the job, but that's common practice to inform them of that. MR. GONZALEZ: Did you know that the floor wasn't level? MR. FREELS: I knew that there were some areas that weren't true and level, yes, I did. MR. GONZALEZ: Do you want to put him in front of the mike or is he okay right there? If he knew that the floor was unlevel, he should have requested that it be leveled before he started, and it should have been part of the bid. MR. HAYES: I don't think the level of the floor would have been the issue as much as the issue is if it was shown to be unlevel, that as a contractor, I would have felt it my obligation to tell them it is unlevel and I'm going to have to tell you that it may not adhere properly all the way around unless we do -- we fix that. MR. GONZALEZ: I agree with you. MR. HAYES: And I don't have evidence or I haven't heard evidence that that in fact was suggested. I mean, my concern is that, as a contractor, when you are contacted as a -- and respond in a Page 27 16G April 16, 1997 professional manner, that you are to be looked upon as a professional and you have to live up to that professional obligation, which means that you also attain a liability of the quality of the job. There is no doubt in my mind that all of us will not achieve perfection in any of our work and we always have returns. That point is that that is a liability we accept as a professional licensed contractor. MR. RAMIREZ: Right. MR. HAYES: It is my feeling that we make every effort to avoid those, not by virtue of not turning on our beeper, but by doing the job as close to right as possible and/or warning the individual, the homeowner, of what may happen if you don't allow me to install the Cadillac. MR. RAMIREZ: ,Well, that -- you are correct. I -- I can't -- I won't dispute that.and perhaps it wasn't -- I mean, can my partner talk? MR. HAYES: He sure may. He must come up and be sworn in sir, to the podium. , (Richard Lopez was placed under oath.) MR. LOPEZ: My name -- my name is Richard T. Lopez. MR. HAYES: And what is your relationship to -- MR. LOPEZ: I'm the vice-president of the company of kube Tile and Marble, and I just want to make it clear to everybody that when I went over to Mr. Freels' house, and at the time, there was carpet down, and you could not see that the floor was unlevel as much as it was. Now, the thing was is when we had torn the carpet up before the morning to put the cork dowT~, he was -- he was around and actually the floor had been flashed by the contractor that done the work. They had flashed the floor, and of course, it wasn't level, but it's something about on the second floor that you have pre-cast. Well, the pre-cast, and then every four foot is the slabs, well then they go ahead and flash it. ' Well, that was brought to his attention and nothing was ever said to me as far as leveling the floor out, and I says, it would be correct to level it out and at that time nothing else was said. So I just took it upon myself that there was no problem with the floor, he was -- he was made aware of that, and I had just thought that we would lay the cork down over it and, you know, continue with installation as normal. MR. HAYES: With that installation being thin set on an irregular floor, you are -- you've got to have known that you're creating a liability that this customer could be beating you up on a regular basis to come back then because the whole purpose of it was to -- would be to prevent the tile from coming up and so not having that, there will be tile coming up, Mr. Customer. MR. LOPEZ: Well, see, here's the thing, and again, I had gone back to the -- Michael Freels' residence too and the tiles that he said were coming up, were not coming up. The Mapeii, the grout was cracked a little bit around there. The chunks of the grout was not coming out, and I did, with him and his wife both there, take four of the tiles out in different areas to show them that it was bonded. Page 28 April 16, 1997 I mean, Mike was there, his wife was there. Every time that I pulled a tile up, I showed Mike the tile. I showed his wife the tile, and I showed them that the tile was bonded to the cork and the cork was bonded to the cement, and I done it not only one time, he asked me to do it another time, and I done it in another area and then the third tile in another area, I had done it, and when I was doing it, I had said to him, see, it's bonded, you know, and they say, yes, okay, you know, and then I did a fourth tile, and the -- and the same thing. Every time, it was in a different -- in a different section, and it was bonded. It's not like the tile just popped out. I had to take a sledge hammer, beat the tile with a sledge hammer, you know, and I also took a -- a -- dime -- took a -- took a grinder and cut the grout joints in order to remove the tile, and he lent me his wet vac so I could go in and when I was using it, it was throwing a lot of dust up, so I used the wet vac to suck up the dust and I had to do that to every tile that I removed. MR. BARTOE: Mr. Lopez? MR. LOPEZ: Yes. MR. BARTOE: I'll agree with you. I'll agree that this piece that was taken up when I was there that day was bonded. MR. LOPEZ: Okay. MR. BARTOE: But I'm stating not bonded properly or you would not get that hollow sound and you can tell that the thin set is not on it. Have you looked at this tile closely? MR. LOPEZ: No, I haven't. MR. BARTOE: You can look at it, sir. MR. LOPEZ: Okay. As far as that example is there, is that one of the tiles that I tore out? MR. LOPEZ: No, I don't believe you did tear that one up. That was one that I decided to have torn up because of the hollow sound. MR. LOPEZ: Okay, and another thing, I want to know -- I would like to know is where is the cork that was with that tile? I would like to see what the bondage is on the cork as far as opposed to on the tile. MR. BARTOE: What cork is there is what cork came up with the tile. The rest just stayed there. MR. LOPEZ: Right, but -- the rest stayed, but what I'm saying is, is that the cork stayed to the concrete, you know, that's all I'm saying, is the cork was bonded to the concrete and the tile was bonded to the cork, and the only -- you know, what I'm saying is, is you're going to have hollow sounds anyhow, especially being that it's on a second story and it's a pre-cast slab and then not only that, the builder obviously tried to flash the floor his self to make it somewhat level upon the person moving into the condominium and you're going to have a different sound underneath the tile right where they've -- right where they flashed the floor out. MR. PEDONE: Mr. Lopez, are you sure that's a pre-cast floor? MR. LOPEZ: I would -- I'm almost positive on -- MR. PEDONE: It's not. I did the work there. Page 29 MR. LOPEZ: MR. PEDONE: MR. LOPEZ: MR. PEDONE: April 16, 1997 Did you? Originally, it's not a pre-cast, it was a pour. Okay. It was a pour? Yeah. MR. LOPEZ: Okay. I wasn't sure. I'm just saying most of them are pours, but again, like I -- like I said, did state, that there was some type of flashing done to the floor previous to us being in there. MR. HAYES: Mr. Lopez, how long have you been a tile setter? MR. LOPEZ: Six years. MR. DICKSON: I have a question for you. You say these tiles were bonded. What was the percentage of bonding? MR. LOPEZ: I -- I couldn't tell you. I mean -- you know. MR. DICKSON: 'Did you see the back of them? MR. LOPEZ: W~en I tore them out? MR. DICKSON: ~Yeah. MR. LOPEZ: When I -- when I tore mine out and Mr. Freels was there, I would say at least 90 percent of when I tore them out. Like I said, I had to use a sledge hammer and a lot of them, the cork did stick to the tile. Some -- sometimes the cork stayed to the cement. MR. DICKSON: In your grout, that Mapeii, did you use any additives to the -- MR. LOPEZ: No, I didn't, no, I just used -- I.just used the Mapeii. MR. DICKSON: Okay. MR. LOPEZ: I just used that, and again, like I said, when I went in to help satisfy the situation, I went and had to use a diamond dip blade to cut the grout in order to get the tile out, you know, so I didn't crack any other tile around it, and then not only did I do it, my partner went in a couple months after me and done the same thing. MR. HAYES: What prompted the complaints originally, I'm going to assume from this letter, was not the fact that tiles were coming up, but the fact that the grout was cracking, and then after examination of tapping the tiles, it was assumed that the reason the grout perhaps was coming up was because some of the tiles were not properly adhered to the floor. Am I understanding that correct? MR. LOPEZ: From what you said, I believe it is true, you know, as far as -- as -- as the grout, you know, cracking. Another thing, too, is I met with the inspector over there, I believe his name's Paul, and he came out and looked at -- looked at the job and -- his self and another inspector were there and I was supposed to meet with Thomas Bartoe and I couldn't meet with him because he was busy doing other things, and I met with Paul and another inspector. We went over the whole job and everything, and on the whole, it seemed that the job hadn't been really that bad at all, and at that point, it was just -- I -- I said that I would go back and repair grout that was cracked maybe around two or three tiles, and there wasn't a problem with that. MR. HAYES: Very well. What I understand you saying is that the concern -- the original problem was cracked grout. I would suggest, if you haven't read Mr. Freels' letter, he states that by June 8th, we 1 : Page 30 April 16, 1997 already had cracked grout and tile. I would suggest that grout coming up out of a grout joint is one problem, but cracking of tile is totally unacceptable. Was there cracked tile? MR. LOPEZ: Not when I went there. When I went there, there was no cracked -- MR. HAYES: You saw absolutely no cracked tile? The only tiles that you replaced were the tiles that you had taken up just to show him that it had been adhered properly? MR. LOPEZ: Yes, I didn't see any -- any tiles that were cracked. MR. HAYES: Is that correct, Mr. Freels? MR. FREELS: At the time Mr. Lopez -- MR. NEALE : Could you have him come up? MR. FREELS: There was one cracked tile that Mr. Ramirez, I believe, replaced when he came. MR. HAYES: I~m sorry, I hate to bring everybody up again, but you're going to have to come to the podium. MR. P3%MIREZ: Yeah, that was -- that was in front of the refrigerator when they installed the -- when they reinstalled the refrigerator, it broke right in front of the wheel. That was the only one. MR. HAYES: Would you suggest that was a result of minimal adhesion? MR. RAMIREZ: No, it was a result of mishandling of the refrigerator. MR. HAYES: And that would happen over any tile job -- MR. RAMIREZ: Sure, if you drop a refrigerator on a certain part of the tile that doesn't have full coverage, and like I say, you're not going to get it completely, it's just a heavy refrigerator and it cracked the tile. MR. HAYES: And that's the only cracked tile -- MR. RAMIREZ: That's the only one. MR. DICKSON: Let me ask some questions while you're up there, since you're the license holder. Address the complaint of sealing. Was that in the original proposal and did you charge him twice? MR. RAMIREZ: I believe so. He handled that end of it. MR. DICKSON: Okay. If you want him to answer for you, then that would be fine. ~{. HAYES: Come back to the podium. MR. LOPEZ: Sure, I handled as far as contracting the job and everything like that, and what that was is on my statement, I had added that on. They had wanted that and I wrote down on the paperwork, and sealant, because I didn't -- I didn't know that they had wanted it done, and then I had talked about it to them and then they had said that they-would like to have that done, so what I'm saying is, is I added that on to the bid and never charged for it, and what I done is when I was finished, I asked them for the hundred dollars for sealing. It was an after the fact. In other words, it's on the same proposal but I have it down on the side and wrote it to the side. It's Page 31 16G Aoril 16, 1997 not like it was incorporated into the bid. MR. HAYES: In other words, at the time you were negotiating the contract, you wrote it out, showed it to him and then he made the request, I'd like to have it sealed too and you said sure and you wrote it in additionally -- MR. LOPEZ: It was mentioned of the sealing. I don't know whether I mentioned it or Mr. Freels mentioned it, and I added it on to the thing, but I never added anything to it. MR. HAYES: Okay. I understand that, but the fact that you didn't add anything to it would have led me to believe that you didn't plan on charging for it. You included it; is that correct? MR. LOPEZ: I -- I don't believe that's the way it was interpreted, you know, interpreted -- incorporated, whatever. What I'm saying is I don't have a problem, I mean, you know, I do this a lot and everything, and it.was added on after the fact that I wrote the proposal up and I did say that it was a hundred dollars and that's how come, and I feel that if they had a problem with paying me for the sealing, I don't know why they gave me a check when the job was finished ten days later. I mean, I'm not going to argue the price of the hundred dollars. MR. HAYES: Let me ask you this. At the time that the owner came home and found the door open, did he voice a complaint to you about that? MR. LOPEZ: Yes, he had mentioned it to me. MR. HAYES: Was that prior to you receiving payment? MR. LOPEZ: Yes, it was, I believe so. Before he had paid me, is that what you're saying? MR. HAYES: Yes. MR. LOPEZ: Yes. MR. HAYES: Okay. My thoughts there, as a professional one more time, would be that I would have volunteered not to receive the hundred just to try to help make up for his feelings. As far as I'm concerned, your problem at this point stems from the fact that you left the door open. The rest of it would have probably gone a whole lot smoother. MR. LOPEZ: I understand that, and any time in any situation, if there's something that does happen, things usually do stem from that because somebody's feelings are hurt or something that it was left open, and I understand that, and he has every right to complain, but then again, I don't understand how the door got left open. Evidently between me, Ruben and one of the laborers had left the door open, and again, like you said, a lot of different times, different things, if the grout's not perfect, I mean, and the person sees something, they tend to go from that point to another point to another point, and like I said, I don't have a problem with this. It's just that we're trying it resolve it. We've done -- I don't know how many hundreds of Deople we have done, never had a complaint, never been in front of the Board before, and I think me and Ruben just want to, you know, resolve it, but in the right manner. MR. DICKSON: I've got a comment to make. When you sit here and write on a proposal and you write above the Page 32 April 16, 1997 amount of the total job, and sealing, and then you sit here and try to tell me that that's an extra and that's the way it was always meant to be, let me advise you, don't do business like that, because that's a con if I've ever heard a con. MR. LOPEZ: I'm not trying to con anybody, sir. All's I'm -- MR. DICKSON: This proposal the way you wrote it, included sealing. ' MR. LOPEZ: If that's the way it's taken to be, that's no problem. I don't have a problem giving the hundred dollars back to Mr. Freels. MR. HAYES: Mr. Bartoe, does he in fact have no record of complaints, Rube Tile? MR. BARTOE: None other than this one. MR. HAYES: None other than this one? How long has Rube Tile been licensed, do you know? MR. BARTOE: ! do not have his folder with me, but he can testify as to -- MR. HAYES: Mr. Ramirez? MR. RAMIREZ: Four years. MR. HAYES: Four years, for the record. MR. BARTOE: If the Board has no other questions of Mr. Lopez, I would like to call Mr. Freels back. MR. HAYES: Does the Board have any other questions9 Very well. Thank you, sir. ' MR. BARTOE: Mr. Freels, did -- at any time, did Mr. Lopez or Mr. Ruben advise you that this floor should be leveled? MR. FREELS: Not to the best of my remembrance~ MR. BARTOE: I have nothing further. MR. NEALE: The normal procedure would be, unless they have further evidence to put on -- MR. LOPEZ: I just wanted to. show these pictures that I took of the job. I mean, you know, I have some pictures here of when I went back in on 1-28-97. I went in and talked Mr. Freels and I just took some pictures of the job if you would like to see them. MR. HAYES: Would you like them admitted into evidence? MR. LOPEZ: Sure. MR. BARTOE: No objection. MR. LOPEZ: And that -- the pictures are well taken, you know, months after the job was finished and I mean, if you look at them, you will see the job, I believe, was done in a good manner, and that's all. MR. PEDONE: Mr. Lopez, how many jobs like these have you done on this cork? MR. LOPEZ: On the cork? MR. PEDONE: Yeah. MR. LOPEZ: I don't -- it -- it varies you know what I'm saying, because -- ' MR. PEDONE: Have you had any problem with the grout cracking on cork more so or less than on the felt paper, let's say? MR. LOPEZ: I would say, actually, to be honest with you, this is -- this is the first really complaint that I've had that couldn't be resolved, you know. Page 33 April 16, 1997 As far as all the other jobs that we have done, I've never run -- I have never ran really into this problem. I mean, the only thing is, is with the cork, it just gives a little, you know, so of course, you're going to have a little bit of movement and, you know, I would think, but nothing that really should crack the grout. MR. PEDONE: Okay. Thank you. MR. DICKSON: Did that answer the question? MR. PEDONE: Yeah. MR. HAYES: I'd like to have a motion to admit Exhibit A for the respondent into evidence. MR. DICKSON: Dickson, so moved. MR. PEDONE: Pedone, second. MR. HAYES: All in favor. (Response of ayes.) (Respondent's. Exhibit A admitted into evidence.) MR. HAYES: These are pictures taken by the contractor of the floor as of January '97. May I ask, I was under the impression the last time that the contractor was on the job was in September of '96. These pictures were taken on January '97. I assume that the contractor then returned for more repairs? I'm sorry. I hate to keep this up, but -- MR. LOPEZ: That's okay. I had gone back at that point to talk to Mr. and Mrs. Freels because I had talked to Tom and, again, like I said, I had gone in with Paul and another inspector and there didn't seem to really be much of a problem. You know, there was some hollow tiles and stuff, and again, Paul had said that that's not uncommon being over top of cork or whatnot, but again, I had gone in and I was going to do some work there, but Mrs. Freels was just being -- not being nice to me, put it that way, and I decided that after I took the pictures, it was just best in my interest and their interest just that I leave and, then, of course, this is what it came to. MR. HAYES: Very well. Thank you, sir. Do we have any further questions of these witnesses before I close the public hearing? MR. BARTOE: Staff would like to call one more witness. MR. HAYES: Okay. If I may suggest, perhaps we need a break? You're okay? Does anyone else need a break for any reason? Then let's continue. MR. BARTOE: I'd like to call Paul Balzano. (Paul Balzano was placed under oath.) MR. BARTOE: Would you state your name, please, and your occupation? MR. BALZANO: Paul Balzano, licensing compliance officer. MR. BARTOE: Mr. Balzano, have you had a chance to view this tile job that we've been discussing here today? MR. BALZANO: Yes, I did. MR. BARTOE: And I believe you checked the job prior to me being Page 34 April 16, 1997 there and taking that tile up on March 24th of this year. Would you happen to know what date, or approximately? MR. BALZANO: No idea. MR. BARTOE: You met with Mr. Lopez; is that correct~ MR. BALZANO: Yes. · MR. BARTOE: Can you advise the Board what your observations were that day in regards to this job? MR. BALZANO: Well, in fairness to both parties, it is a terrible slab, but I would say over 50 percent of the tiles I saw that appeared hollow and sounded hollow appear in a flat area, and the other 50 percent, especially in the hallway, the entranceway, if you stand back in the living room, you can see where the slab is not level, but I went through the whole ~- I believe it's the kitchen, the entranceway and the dining room and a hallway that goes into the bathrooms is it's tiled, and the tiles are not hollow just in the one spot where you can -- I mean, you can -- you don't have to be at a level with it. You can see the floor is not level, but in the dining room, which is relatively level, they're hollow in there too, so I mean, it's not in one area, and the tile that they were both referring to that broke in half was -- I saw the tile had been replaced, which is in front of the refrigerator, and it wasn't where -- it would be in the center of the refrigerator door, and if you stand in the lower end of the kitchen and look up, you can see that the floor is not level. So if you have a tile there and you put a 300 pound refrigerator on it, the tile would break in the middle, but I went over the whole floor with a cane and you could definitely tell the tiles that sounded like that (demonstrating) to the ones that sounded like that (demonstrating), and there was -- I think I counted 30 at the time, so there must be some more. MR. BARTOE: I have nothing further. MR. DICKSON: I have a question for Mr. Freels if I could have you come forward one more time. ' Is this job, in your opinion, repairable? MR. FREELS: I really don't have the expertise in the ceramic tile industry to make a proper statement in that regard. I assume that, yes, it can be repaired. MR. HAYES: Would you accept it if it were repaired? MR. FREELS: Absolutely. MR. PEDONE: Would you have a problem with Mr. Ramirez doing the repair? MR. FREELS: None whatsoever. As I stated earlier, all that my wife and I wish is that our ceramic tile be repaired and we'll be happy. MR. DICKSON: I ask Mr. Ramirez, would you come up for a minute? I have the same question of you. Is this job repairable? MR. RAMIREZ: Yes, yes, if he had -- the only problem was for some reason, the grout was -- had some cracks in it and that's it. It's very repairable. The grout was not -- MR. PEDONE: Mr. Ramirez, are you willing to go back into Mr. Freels' house and remove and replace those hollow tiles and the grout Page 35 April 16, 1997 at no charge? MR. RAMIREZ: I cannot replace -- it's unfair for you to ask me to replace all the tile. MR. PEDONE: Not all of them, just the hollow tiles. MR. RAMIREZ: Well, that's what I'm saying. If I take out the tiles that are sounding hollow, I got to take out the cork. That defeats the purpose of getting full mud under there. MR. HAYES: So then it's not repairable, because the way I understand it, the hollow tiles are not satisfactory to the homeowner, nor to the industry, as being adhered enough to be permanent. MR. RAMIREZ: If you have a hollow sounding tile, it does not mean it's not bonded, it just means that you have a hollow part where there is -- we cannot get any mud in there. MR. PEDONE: Rut isn't that part more likely to crack if there's a little hollow spot.there? ~R. RAMIREZ: No, it's just that it sounds hollow. I'm willing to come to some sort of compromise with Mr. Freels, but it's -- MR. PEDONE: But you have to realize, Mr. Freels paid and contracted for a job that he thought maybe not perfect, but it would be fairly close to it, and the sounding of hollow tiles is evidently grating on his nerves a lot more than it's bothering you, so therefore, you can't -- you can't expect him to want to accept a job that he paid good money for, he paid you your price, he didn't bargain with you, I imagine, or if he did, you still took it to where you felt you could make money and had to get a job that would be worth maybe half because it's only done, and I don't want to use the expression, but it would be half, and I think at this point, your best bet would be to go in and replace those tiles that are hollow sounding and replace the grout. MR. RAMIREZ: If he's willing to let me take out the cork so I can get a better installation. MR. PEDONE: Well, if his condominium association requires the cork, if you cut out the cork you could cut squares the size of the tile and kind of fill it up a~d put it back down know it's work, but sometimes we have to eat our again, can't you? I mistakes. MR. DICKSON: Let me ask you a question. Is there any other reason for hollow tiles besides the lack of thin set or bonding in that location? MR. RAMIREZ: I'm not sure I follow. For any -- MR. DICKSON: Well, in other words, everyone keeps trying to say there's a lot of reasons that these tiles would sound hollow. I want to get down to the one real cause why those tiles sound hollow. MR. RAMIREZ: Because there's not enough mortar against the cement. MR. DICKSON: That's all I wanted to hear. MR. RAMIREZ: But if it's sitting on a -- that floor's really bad and if it's sitting on a hill -- if you want a nice, smooth floor where the grout joints continue, and that floor is not level, you're going to be sitting on top of cement where you cannot -- you'd have to float the floor. You'd have to make some -- you'd have to modify your Page 36 installation, and that's a standard practice. 16G April 16, 1997 FIR. DICKSON: But see, you're the expert and when you go out here and bid jobs, you need to bid them to where they can be done properly. MR. JOSLIN: Mr. Ramirez, I have a question for you. MR. RAMIREZ: Sure. MR. JOSLIN: On this piece of tile that we've been looking at all this time, being a thin set installation, I assume you used a notched trowel to put it down with, correct? MR. RAMIREZ: Correct. MR. JOSLIN: I have a hard time trying to understand how a notched trowel only got the outside edge of this tile and didn't bond. I mean, how did you find that little -- obviously, this was a valley, so to speak, in a floor you're saying is out of level. MR. RAMIREZ: ,U h-huh. MR. JOSLIN: How did you manage to miss that center section and only get thin set around the outside edge, unless there was not enough material holding the whole area? MR. RAMIREZ: Because if you spread thin set over an unlevel floor and you place a fixed square object on it, it's just going to miss some of it, and if you're sitting on top of concrete and trying to match another level, you're just not going to have that -- that flatness, which everybody desires, and that's why they modified to a thin set application to lower costs and -- as opposed to the mud set and leveling -- MR. PEDONE: Mr. Ramirez, you've had no complaints in four years, correct? MR. RA24IREZ: Yes. MR. PEDONE: Don't you think it's worth going back in and redoing this to keep that reputation? MR. RAMIREZ: Yes, I do, sir, but I didn't have a problem with it. MR. DICKSON: What you've just told me and the answer to the previous question is that you did not butter the back of the tiles, because you say, if you put your thin set down and you set the tile in, it's only going to get the thin set where it touches the thin set on that floor. MR. RAMIREZ: I don't follow what you're trying to say. MR. HAYES: I understand exactly where he's coming from. You applied the thin coat to the floor. MR. RAMIREZ: Right. MR. HAYES: And then you flipped the tile over and you applied more thin -- you buttered the back of the tile? MR. RAMIREZ: No, you don't, that's -- that's what you call for marble and mud set installation. That's a whole different process. MR. HAYES: That's what I was trying it get at. This tile, when it gets installed, has nothing on it, but it gets installed and set into a wet set of thin set. MR. RAMIREZ: It gets placed down, and gets beat with a rubber mallet to get that -- to get that eighth inch of mortar in there. MR. HAYES: Would that have been a possible -- in an irregular floor, would that have been possible assistance to a remedy perhaps 1 Page 37 April 16, 1997 that would have helped conditions like no mortar in the middle? ~R. RAMIREZ: In hindsight, sir, there's always things you could have done, but in this particular case, we Just laid it, did a nice, flat job, as much as we could, and we have this problem. MR. HAYES: Very well. MR. DICKSON: Mr. Chairman, I move that we close the public hearing. MR. NEALE: Normally, we would allow each of the parties to make a closing statement if either of them wanted to? MR. RAMIREZ: Other than we're willing to go back and fix these tiles. We just -- I don't know. He was dealing with Mr. Lopez because all the calls were channeled through Mr. Lopez because I had an injury, and they had some heated exchange and I'm just here because I was summoned and I'm willing to go back, but I have to stand by my partner when it comes down.to work and what he says. MR. HAYES: It would make sense to me at this point that replacing hollow tiles would be your least expensive way out. With the fact that you have been complained against and with the fact that we must make a finding here today, I would suggest that either compromise on your behalf, unfortunate as it may be at your exlDense, as opposed to a definite finding other from us, that might be your safest way out at this point. MR. RAMIREZ: That's fine. I just didn't want to hide anything from the commissioners or the licensing board, if you would. MR. DICKSON: Are these tiles readily available in -- MR. RAMIREZ: I couldn't tell you. I believe so. MR. LOPEZ: I think they still are. MR. PEDONE: I have to say, in Mr. Ramirez's behalf, he did my house two and a half years ago, and there was what, about 1,400 or 1,500 square feet of tile, and I have just very few hollow. I mean, you're going to find some and they are very few. Of course, your grout's another story, how you're not infested with the fleas of a thousand camels every week, I don't know, because we do have a few problems with that, but the tile was put down properly. MR. HAYES: Very well, Mr. Freels, do you have another comment, any closing comments? MR. FREELS: I would just like to make this last statement that in regards to what Mr. Ramirez said about some abusive behavior occurring at my house. I would like to apologize on behalf of my wife and wish -- she could not be here today, but she has a serious problem sometimes accepting things of this nature and if in fact the Board rules that they can come back in and correct this situation, I can assure everybody and all parties involved that this will not occur. That's all. MR. HAYES: Thank you, sir. MR. PEDONE: Mr. Freels, your wife isn't alone, believe me. MR. JOSLIN: Mr. Freels, one more question. I've got to clear my mind of this or I'm not going to make it today. On the contract that you signed, I think it was Mr. Richard -- MR. FREELS: Richard Lopez. Page 38 April 16, 1997 MR. JOSLIN: Right. He entered some terminology here in the contract with the total value of the dollar. I'd just like to hear out of your own words regarding the sealing situation. Was this something MR. FREELS: May I get my copy, please? MR. JOSLIN: Sure. MR. BARTOE: I believe he's referring to page E-5. MR. JOSLIN: Right, page E-5, actually says labor and setting material is a total of $800, and then the asterisks that you made comment to at the bottom, where it says, and sealing, was this something that was discussed with you and the contractor when the job was contracted, or was this an actual additional cost that you knew about or was it something that you weren't aware of? MR. FREELS: This asterisk that is right behind the total of $800 was added after the contract was written. I added this asterisk and put this note at the bottom only after my wife brought it to our attention that we had in fact been charged twice for this and I looked at this and I said, my gosh, that's right, it was there all along and MR. JOSLIN: Okay. So I presume that you did assume that the sealing was part of that contract? MR. FREELS: Right. MR. JOSLIN: It wasn't something that you and the salesman, Mr. Lopez, discussed as an additional cost? ~R. FREELS: I didn't assume at the time that it was going to be an additional cost, and then at the time that Mr. Lopez came over to install it, we didn't have our quote in front of us or our contract and he had mentioned that' it was going to be a hundred dollars and my wife just wrote him a check and then we discovered this later. MR. JOSLIN: Okay. Thank you. MR. BARTOE: I have the original that Mr. Freels wrote on. He wrote in red that, you know, that might explain it easier that, you know, he -- it caught his attention that he's paying for something twice. MR. HAYES: Mr. Bartoe, do you have any further comments before we close the public hearing? MR. BARTOE: None other than in closing, we do believe that we have presented enough evidence to show that both these sections charged were violated, that, you know, the job was completed, it did cost the customer more than the contracted price and it also, the second charge that the contractor did fail to properly correct faulty workmanship. MR. }~YES: Thank you. Any further comments before I close the public hearing? Very well. The public hearing for case 97-003 is closed. MR. PEDONE: Well, I think that we've spoken to Mr. Freels and Mr. Ramirez and they both seem to be willing to take care of the problem. I think what we -- what I would suggest would be to continue this until Mr. Freels is satisfied -- Mr. Ramirez will go back in, repair the tile, repair the grout, replace any tile that's hollow and then return the one hundred dollars for the sealing of the tile and then Page 39 April 16, 1997 before -- have someone from contractor's licensing or a building inspector check out the floor and make sure that it has been done properly and up to standards, and then come back for an adjudication at that point. MR. HAYES: May I suggest at that point as well, that seems like a reasonable conclusion at this point, but I would suggest that our building inspectors themselves wouldn't be totally qualified to make a ruling on whether or not this was a quality job. In fact, what I would suggest Derhaps then if we're going to recommend something of that nature, that a tile contractor of the bui?.ding department's choice be contacted and asked to render an inspec~i.. ~. at which time also that that would be included in the expenses that the Rube Tile would incur, just to make sure that we have a medium arbitrator that satisfies both the -- or as much as we can, the contractor and the homeowner from a professional opinion. MR. DICKSON: And I'm sure at the same time that there's contractors that will do that for no charge. The county's got contlactors in every category that gets involved in these. It keeps ther, from coming to this Board and they don't charge for it. fact?I agree with what you're saying. Are you ready for a finding of MR. NEALE: Well, I think what we -- what is being proDosed would be effectively a withhold adjudication until a certain time. I think what the Board needs to do is take a motion at this Doint proposing the witkholding of adjudication until a time certain, at which point it would come back before the board. At that time, then, if they had not complied, the judgment would be entered. MR. PBD~NE: Well, if they have complied at that time, then the case would just be dropped also. MR. NEALE: Uh-huh. MR. DICKSON: I have one other thing to change from what you were suggesting. I don't agree with the $65 air conditioner charge. That's not theirs, but I do agree with the $60 locks. MR. PEDONE: Yes -- MR. DICKSON: Everyone on this Board knows that you can change the tumblers, but to replace three locks for $60 is about what you would have paid the locksmith to change the tumblers, so it's equal. MR. PEDONE: Yeah, I got that one, but the AC, I don't think was MR. I~YES: Mr. Pedone, could you perhaDs -- MR. PEDONE: I'd like to make a motion that we continue this case pending a successful outcome to the repair of the tile, and that to be done within a -- MR. NEALE: I would suggest the Board set a certain time, be it 60 days or 30 days. MR. PEDONE: 60 days, I think, would be sufficient. Is that okay with you, Mr. Freels? MR. FREELS: That's fine. MR. HAYES: Do we need to make that in a formal motion? Page 40 MR. PEDONE: MR. HAYES: understood. MR. PEDONE: April 16, 1997 I think I did. I made a motion. I just want to make sure that the wording is Did I do that all right? MR. NEALE: Yeah, just that I would suggest that it be noted that the Board is withholding adjudication and that all evidence has been taken and will be considered at the time -- MR. PEDONE: And that this Board will withhold adjudication as to such time as successful completion and repair of the job and that all evidence has been taken in this case at this time. MR. DICKSON: And who's going to determine that it's successful? MR. PEDONE: And that it will be determined by the opinion of an outside tile contractor secured by the contractor's licensing staff. MR. DICKSON: ,And return of monies. MR. PEDONE: Did I mention -- and return of $100 of the sealing fee and the $60 for the change of locks. So be it. MR. GONZALEZ: I'll second that. MR. HAYES: I have a motion and a second. Anyone need any discussion or clarification before we vote? All in favor? Opposed? (No response) MR. HAYES: Very well. We'll be back together in 60 days to see if we've reached a satisfactory agreement between both parties. At this point, we're finished with this. Do we have any reports? MR. BARTOE: Staff has none. MR. HAYES: Very well. Under discussion, I would also like to add a brief discussion on house bill 1499 to the agenda at the end of it. The three terms expiring, you were mentioning. MR. BARTOE: Yes, I received information today from Sue Filson that three members' terms expire April 30th of this year; Mr. Meister, Mr. Joslin, Mr. Beaumont. These will be advertised -- these positions will be advertised as available, and I just asked Mr. Joslin today, he has not received his letter from her yet, but Board members who are expiring, if they wish to be considered for another term, the letter advises them how to do that. MR. HAYES: Very well. The ordinance workshop we were discussing, the request from staff to have an additional workshop, basically the same structure as our last one. Are we looking at actual wordage recommendations or approvals of what the final draft is? MR. BARTOE: Mostly approvals of what's done so far, maybe a few minor changes. I think maybe Mr. Neale and Mr. Palmer, I think they've discussed a few things in regards to the ordinance. MR. HAYES: That's what I was going to suggest, perhaps in this final workshop, could it be that we could add both Mr. Neale and Mr. Palmer to that workshop as briefly as possible so that we don't dance through the system another time or two. We could probably put it to rest at that particular meeting and Page 41 16G April 16, 1997 let it send forward. MR. PALMER: We're hopeful that we will have a draft like the final, final subject to your approval. We hope to get all the loose ends tied down. The areas that are gray, there will be recommendations to go one way or the other subject to your approval, get it wordsmithed where we've got a final draft to go to the Board of County Comm2ssioners. That's our plan. MR. NEALE: What we're hoping, as Mr. Palmer says, is to have a strike through and underlined version with an executive summary attached to it, which would highlight some of the changes that have been made so that it would be relatively easy for the Board to go through it, see where the changes have been made, have the, sort of a review of the effect of those changes set out in there at the time when the Board reviews the ordinances. As Mr. Palmer says, we'd like to get it to the Board of. County Commissioners as soon as we could. MR. HAYES: That's my whole point. Now, unfortunately, after today, we're going to have some additional recom~ended amendments that I'm hoping we don't have to go back and forth too many times. That's why I'm saying again, if we could perhaps have county atto~ley representation there to maybe make a suggestion, okay, this is what -- this looks like it might fly through the system and we can be done with it, get back with the final draft, and then run with it as soon as possible. MR. NEALE: If we can have a draft of what changes have been proposed already, Mr. Palmer and I can get our hands on that, as far as the specialty contractors section, particularly those changes we've already looked at and will be wordsmithing with the changes as far as procedural aspects and some of the things brought up today within the next few weeks, so I would think possibly for the May meeting, but certainly if you want to take a special meeting, other than that, we could have something ready -- MR. HAYES: That's what my -- MR. NEALE: -- by that time. MR. HAYES: That was my next question. If I were to take a ballpark of within the next two weeks, if you think you could have that draft to Mr. Bartoe, Mr. Balzano, we're talking about they need the wording of whatever you all had finished as well, and I assume that's done. MR. BALZANO: We're not doing it. Mr. Perico was. I was -- MR. BARTOE: Mr. Perico's the one that wants another meeting. MR. HAYES: Okay. So I assume then he has not prepared a final draft for you all to review. MR. NEALE: I spoke to Mr. Perico last week, week before, regarding this. He said they were in the process of preparing it. He was going to -- I believe, Tom may have talked to him since I did, but was going to prepare some kind of a draft for us to look at to make -- for legal review and then also make review and changes as far as procedural matters because as we know, some of the areas that we're looking to change regard procedures as far as license expiration, testing and things like that, so -- Page 42 16G 1' April 16, 1997 MR. HAYES: Well, that's what I'm concerned about. Perhaps mybe I could count on you to maintain communication with Mr. Perico so that we could have that for you all's review as early as possible prior to this meeting so that you could make those recommendations. MR. NEALE: I will probably see Mr. Perico this afternoon. So I'll try to -- MR. HAYES: Should we try to shoot for a couple weeks then from today? MR. PALMER: That would depend on how soon Mr. Perico gets back with his final recommendations. If that's done immediately, I would thiuk two weeks is reasonable. If that is delayed, that tolls the whole time back. MR. NEALE: If we can get it on disk, the county attorney's staff can then make the changes to that same disk and then we can have one working copy as opposed to three or four floating around in hard copy. We'd rather do it electronically, if we could, I think. MR. DICKSON: I've got one question for you. Are you going to want this final draft to be looked at by the committees that have been involved with these different trades? MR. HAYES: That's the workshop we're talking about, yes. That's the whole point. I'm going to withhold specifically setting a date then until -- Mr. Neale, can I ask perhaps until I hear from you regarding Perico's timetable? MR. NEALE: I'll call you and let you know what -- MR. HAYES: Be it known that we don't have a lot of time, and you're absolutely right, I would like to see it at our }4ay 21st so that we can move on with it as well on our final review. MR. PALMER: I'm also going to, next week, hopefully the next couple of days, get a real handle on this handy man question, about possible state preemption, what the latitude is on that. MR. NEALE: We can talk about it after this too. MR. HAYES: I very much appreciate you bringing that back up because I forgot it myself. Okay. The final question that I want to -- or at least acknowledgment I wanted this Board to be aware of is that we voted a few months back to recommend journeyman licensing, job site supervision be a part of the administrative ordinance. Unfortunately, our vote occurred at the time that that ordinance was in review, and it was -- our communication between this Board and staff was to -- we moved too quickly and that administrative review was closed prior to us being able to let them know what our recommendation was, which means that it went through without any amendments at this point. I've been in contact with various people. I was hoping that F~r. Constantine, I had a conversation with him, to ask him could we open that up for another review and recommendation for amendment, and the biggest reason was that our timetable is limited to what we're allowed to do because the State is currently, as we speak, acting on that exact issue, and my thoughts were, to this Board at the time we voted on it, was that here -- the problem we're going to run into is that the State Page 43 16G 1 April 16, 1997 is going to enact job site supervision requirements as they see it, and for those municigalities not already having them in place, will answer to the State's recommendations. So we expedited our recommendation so that we would have those -- those amendments and job site supervision points in our ordinance prior to that occurrence. At this point, since the timing was off and that review has been closed, we would normally have to wait until the next annual review to have that come up again, which would be -- put us past the State's deadline. I have, not in front of me, but I had it and I forgot to bring it, house bill 1944, which requires this to occur as of October 1, 1997. It is not approved, it is up for vote, but if it goes through and we don't have anything in place prior to October 1st, 1997, we have to do what the State tells us. So my suggestion is that if Mr. Constantine -- if you can't remember, Mr. Palmer, has he contacted the county attorney's office to find out, can we bring that back up for amendment as soon as possible or not, I would like to make that request of you today. MR. PALMER: I haven't been in touch, at least personally with Mr. Constantine. I don't know if he's been contacted -- it seems that we should certainly be able to get something in place in Collier County by October 1, 1997. I think that that seems extremely probable and that should not be a problem at all to get an ordinance before the Board of County Commissioners and adopt our own local policy, and we have to be worried about being limited to what the State comes up with. MR. HAYES: Are you familiar with house bill 14997 MR. PALMER: No, but we've got the mechanical -- capability of getting any bill at any time through the Internet. MR. HAYES: I would suggest you look at it. MR. DICKSON: I have a question. I'm totally confused now, because there was a ruling by the Florida Supreme Court two and a half, three months ago, where another county had enacted that and it was overruled because it was less restrictive than the State laws and where -- can you explain? MR. NEALE: I'm not up to speed on this one, so I'd have to do some work on it to -- MR. DICKSON: I'm totally lost. MR. PALMER: I think the question is not being less restrictive, but being more restrictive. MR. DICKSON: I mean, being more restrictive, is what I meant, yeah. MR. PALMER: Oh, if I could get a citation of that case, I'm not aware of that decision. It sounds to me like this house bill may be changing that, because if it's saying that -- it sounds like it's authorizing that you can do something up until April 1st, 1997, which may effectively be overruling the effect of that decision. MR. HAYES: That's correct. That's one of the things -- MR. DICKSON: Did you keep a copy of that? MR. HAYES: Yes, sir, I have a copy in my office. I would suggest that we all look at it because this is something that we were made Page 44 April 16, 1997 aware of months ago, but because of that ruling, we dropped the issue, and this is going to happen anyway and in fact, the house bill is worded, I'm sure, to work with that ruling, so if we don't do it, we are -- just like we had originally said, if we don't have something in place, the State's going to 9ut it in place for us. MR. PALMER Was that a judicial opinion or an opinion of the Attorney General, do you recall? MR. DICKSON: No, it was a ruling that came from the Florida Supreme Court on an appellate court -- overruling an appellate court. MR. PALMER: Ail right. I'll get a copy of that opinion and put it up against the bill and try to make an analysis. MR. DICKSON: On that deal I gave to Gary, it has the case number and location MR. PALMER: Okay. Fine. MR. HAYES: I~ve got all that if you want it -- MR. PALMER: Yeah, if I just get the book and page, I can get a copy of it. It's probably in the slip opinions if it's only a couple months old, but in any event, we can get a copy of it. MR. DICKSON: I believe it was a January ruling. MR. NEALE: Yeah, it's in Florida Law Weekly, for sure. MR. HAYES: Any further discussion? Our next meeting is May the 21st, same place, same time? MR. BARTOE: Tentatively, yes. MR. HAYES: So far. MR. DICKSON: We adjourn? MR. HAYES: Do I have a motion for adjournment? MR. PEDONE: Second. MR. HAYES: All in favor? (Response of aye.) MR. HAYES: Go home. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:13 a.m. CONTRACTOR'S LICENSING BOARD GARY HAYES, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY HEATHER L. CASASSA Page 45 16G 1, TRANSCRIPT OF THE ~EETING OF THE CONTRACTORS' LICENSING BOARD Naples, Florida, May 21, 1997 May 21, 1997 JUL - 3 997 LET IT BE REMEMBERED, that the Contractors' Licensing Board in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Hayes Michael Pedone Arthur F. Schoenf~ss Daniel Gonzalez Robert P. Meister Richard E. Joslin, Jr. Humbert Gressani Gary R. Beaumont Les Dickson ALSO PRESENT: Thomas Palmer, Assistant County Attorney Thomas Bartoe, Lzcense Complzance Officer Paul Balzano, Licensing Investigator Jim Schultz, Licensing Investigator ~orrls Hancock Constantine M~c'K~e _ Btrr~ Misc. Corres: Date: _ I/em// Cop/es To: Page 1 DATE: May 2~, $997 TIME: 9:00 A.M. AJaY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS 14ADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON W%{XCH THE APPEAL IS TO BE BASED. I. ROLL CALL II. ADDITIONS OR DELETIONS: III. APPROVAL ~F AGENDA: IV. APPROVAL'OF MINL'TES: DATE: April 16t~ 1997 V. NEW BUSINESS: 1. Roy F: Curry - request to reinstate lic. was before the CLB on 12/20/95 was required to take the Business & Law exam within 90 days and failed to do so. 2. Michael Wiaeman - request for a license in the trade of Gutters Restricted or Aluminum restricted to Gutters, he has taken the 3 hr. General Specialty exam for Ft. Myers. 3. Robert Watkins - request to qualify :~ entity. 4. James Loubert - request to qualify 2~ entity. 5. Ralph Markey - request for temporary well drilling license. VI. OLD BUSINESS: Vii. PUBLIC HEARINGS: VIII. REPORTS: IX. DISCUSSION: X. NEXT MEETING DATE: June 16, 1997 May 21, 1997 CHAIRMAN HAYES: I will call the Collier County Contractors' Licensing Board to order. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto, and, therefore, may need to insure that a verbatim record of the proceedings is made, which record includes that testimony and evidence upon which the appeal is to be based. I got to start roll call on my right. MR. GRESSANI: Humbert Gressani. MR. PEDONE: Mike Pedone. CF~IRFJkN HAYES: Gary Hayes. MR. JOSLIN: Richard Joslin. MR. SCHOENFUSS: Arthur Schoenfuss. MI{. MEISTER: Bob Meister. CHAIRMAN HAYES: Do we have any additions or deletions to the agenda? MR. BARTOE: Good morning, board members, Mr. Chairman. For the record, I am Tom Bartoe, licensing compliance officer. I have one deletion. Under new business, delete item number four. .. CHAIRMAN HAYES: Any other changes? MR. BARTOE: Staff has no other changes. Well, staff might add -- under discussion we will have a report by licensing officer Paul Balzano in regards to a sweep that was done in the county on April 30th. CHAIRPiAN HAYES: Very well. I need a motion for approval of the agenda. MR. PEDONE: I have -- I will make that motion. CHAIRMAN HAYES: Mr. Gressani. -MR. GRESS~NI: I'll second it. CHAIRMAN HAYES: All in favor? (Unanimous vote of aye.) MR. BARTOE: If you will notice on the agenda the next meeting date is scheduled for June 16th, which is a Monday. We cannot get this room on our regular date, the 18th. CHAIRMAN HAYES: Very well. I need a motion to approve the minutes. MR. PEDONE: I have a correction on the minutes. On page three, halfway down the page, I sound like a broken record. I think that's probably a problem in the trans -- transcription somewhere along the line. I just want to ~et on record that that has to be corrected, where I say firm reports a collection account, firm reports a collection account, firm reports a collection account, firm reports a collection account. Or further down where it says firm reports a charge off, a charge off, a charge off, a charge off. CHAIP24AN HAYES: So noted. MR. DICKSON: Sounds like you. ~R. PEDONE: If I sound that bad, I really want to know it. MR. DICKSON: You just didn't know you talked that way, did you? MR. PEDONE: Well, I make a motion to -- MR. BARTOE: We have another correction on the front page under Page 2 16G 1 May 21, 1997 also present. We had Paul Balzano, licensing compliance officer, and Jim Schultz, licensing compliance officer. MR. PEDONE: I make a motion we approve the minutes as corrected. MR. JOSLIN: Second it. CHAIRMAN HAYES: I have a motion and a second. All in favor? Opposed? (No response.) CHAIRMAN HAYES: Very well. New business. Item number one, Roy F. Curry. MR. BARTOE: Is Mr. Curry present? .. guess not. He was before you in December of '95, and you granted him -- I believe it was a 90-day -- a license and 90 days to take a law exam. He explained to us he had had some problems and he wanted to appear back before you, but he's not here today. CP~IP-U-A~N F~YES: That was 12/20/95, and he was to take the within three months of that time? M3,. B~RTOE: That's correct. C~iF~J~; P~YES: My math says -- -. :-~2R. RARTOE: So his tempora~t license that was granted as a result of that is now invalid. CF~IF~_A~M F~YES: That's correct, so I would ass=ne that we don't really need to take any action at this time. MR. BARTOE: I don't believe you need to. CF~IRMAN P~YES: Let me ask you, can anybody for any reason request to see the board? I mean, this is a time-wasting request. We have spoken, unless there's some major catastrophe or major reason why this'individual failed in a year and a half to do what we asked him to do in 90 days. MR. BARTOE: I believe he explained to the secretarial staff that he had health problems. CHAIRMAN HAYES: Very well. Michael Wiseman. MR. BARTOE: Is Mr. Wiseman present? Would you step to the podium there, sir. Mr. Wiseman is requesting a license in aluminum restricted to gutters. We used to have that type of license; we don't anymore. Instead of the two-hour business and law test, I believe in your packet you can see that he took a three-hour exam in Lee County, and according to our secretarial staff, this test is equivalent to or even better than the two-hour business and law. It's a three-hour test, I believe, and if -- if we could swear Mr. Wiseman in, he can answer any questions you might have. CHAIRMAN HAYES: Mr. Wiseman. (Speaker sworn in.} CHAIRMA/~ HAYES: Mr. Wiseman? MR. WISEMAN: Yes, sir. is? CHAIRMAN HAYES: Would you care to expound on what your request Page 3 May 21, 1997 MR. WISEMAN: Yes, sir. What I would like to do is, we have been in business in Lee County for 14 years with Ken's Rain Gutter, and what I would.like to do is, I'm coming down in the Bonita area now. I have just put a new rig on the road. I am not so much wanting to come clear down into Naples, but the north Naples end, and I just wanted to do it the legal way, you know. I don't want any problems down the road. MR. DICKSON: Isn't Ken the qualifier for that company? MR. WISEMAN: No, sir. I am. MIR. DICKSON: Where's Ken? MR. WISEMAN: That's my dad right there. MR. DICKSON: Okay. Mr. Chairman, I know these people. I have worked with them for yearo through roofing. In fact, I recommend them constantly. I wasn't aware that you weren't licensed in Collier County. I have recommended you to a lot of customers here in Collier County: In Lee County there's really two premier guttering contractors, and they are definitely one of them. MIR. NEALE: From a legal point of view, you do have the ability under Section 22-189 of the -- of the ordinance to issue restricted certificates whereby you may issue a certificate of competency to an applicant or a certificate in a particular trade which is restricted to certain aspects of that trade. So under the ordinance, a license such as this is permitted. CHAIPdM;q~ HAYES: Our license structure here is not the same as it is in Lee County regarding this? MR. BARTOE: Apparently not. As I said, we used to have aluminum restricted to gutters, and that has -- has been eliminate~. 'CHAIRMAN HAYES: So now it's just an aluminum contracting license? MR. BARTOE: Correct. MR. DICKSON: Having used to have been in the guttering business, up there it's a totally separate license. You have to appear before the county commissioners, and we have never had that. MfR. PEDONE: Don't -- don't we have a reciprocal agreement with Lee County anyway? If they have a license in Lee, they can get one in Collier and vice versa? In other words, when I had to get my license in Lee, all I had to do was bring up my Collier County license. MR. BARTOE: Well, we do have reciprocity with them, but we do have a little bit different licensing, so the board, we felt, would have to okay this. MR. PEDONE: I make a motion we -- we approve Mr. Wiseman's request and issue him a license in gutters restricted or aluminum restricted gutters. MR. DICKSON: Dickson: I'll second. CHAIRMAN HAYES: I have a motion and a second. Any further discussion? All in favor? Opposed? (No response.) Page 4 May 21, 1997 CHAIRMAN HAYES: Very well, Mr. Wiseman. MR. WISEMAN: Thank you. CHAIRMAN HAYES: You're welcome. MR. BARTOE: Mr. Wiseman, that will take a completed application and everything. The girls will not be aware of this until I get back later today. MR. WISEMAN: I have sent the application. Everything is taken care. I sent my letters from the contractors up there. Everything has been handled. It's just a matter of paying the money and having the okay from the board. MR. BARTOE: Okay, but the -- the secretarial staff will not be aware that it got approved until I get back. MR. WISEM3kN: Okay. Thank you. I appreciate it. MR. BARTOE: Also, for the board's information, I do believe there are some licenses we have here in the county that Lee County will not honor a reciprocity agreement. I believe, M~. Joslin, your type of license they won't? I~R. JOSLIN: Pool contractors have to be state certified. Pool contracting, you must be a state certified contractor to build in Lee County. There's no comp card or certificate allowed. If ~nything, to do swimming pools, you have to be state certified. CHAIRMAN HAYES: Doesn't that hold true on all licenses in Lee County now? I think I understood that they didn't -- they didn't recognize any licenses other than state licenses, state certified licenses? MR. BARTOE: That I cannot answer. IdS{. PEDONE: Well, not every trade is state certified. CHAIRMAN HAYES: Well, those trades that -- 'MR. DICKSON: I don't think -- in roofing, they don't recognize counties -- Collier County up there. You either get their license or you have a state license; one of the two. I have not -- there may be reciprocity this way, but there is not reciprocity the other way. MK. PEDONE: Maybe in roofing, but with insulation I just brought up a record of my marks and a copy of my Collier County license and I was granted a Lee County license. MR. BARTOE: And I don't believe they recognize our comp card for residential building and general contractors either. MR. PEDONE: Good, I had an easy one. CHAIP2~3kN HAYES: Very well. Item number three, Robert Watkins, request to qualify second entity. MR. BARTOE: Is Mr. Watkins present? MR. DICKSON: Short meeting. CHAIRMAN HAYES: Ralph Markey, request a temporary well drilling license. Are you present, sir? Would you take the podium? MR. MARKEY: Yes. MR. BARTOE: To fill the board in a little bit, Mr. Markey has had a qualifier for a -- a number of years. This man I understand has purchased another company. Mr. Markey has got licensed by the state, taken their ex~s, got licensed, and is requesting a temporary license from us, hopefully, with the understanding that we're probably going Page 5 May 21, 1997 to do away with this county well drilling license due to the fact that the state licenses them. CHAIRMAN HAYES: What are you licensed -- what's your license in now, Mr. Markey? MR. MARKEY: Well drilling. MR. NEALE: Would you pull the microphone up? MR. MARKEY: Well drilling. CHAIRMAN HAYES: I would like to swear you in, sir. (Speaker sworn in.) MR. MARKEY: Yes, I do. Yeah, I have a license as far -- I got four licenses -- three licenses and the other one was in the man who was our agent there for well drilling. I went and got my state license for well drilling back in March. And I have a license in landscaping irrigation; I have one in water treatments; and I have one in pumps and repair and installation; three other licenses for the company, Miller Drilling. CHAIRMAN HAYES: You have a well drilling license? MR. MARKEY: I have a state license. CHAIRPUkN HAYES: State license? . MR. MA2RKEY: Yes, sir. CHAIRMAN HAYES: And what do we need to do with it? MR. BARTOE: He can't pull a permit if he doesn't have a county license. MR. PEDOME: Well, isn't a state license enough of a prerequisite in order to get a county license? MR. BARTOE: No, not according to our ordinance. We have a separate testing. MR. PEDONE: I make a motion that we grant Mr. Markey-his temporary well drilling license. MR. JOSLIN: Second that. CHAIRMAN HAYES: Any further discussion? All in favor. Opposed? (No response.) C}tAIRMAN HAYES: Very well. Okay, Mr. Markey. MR. MARKEY: Thank you, sir. CHAIRMAN HAYES: Done deal. MR. BARTOE: And I do assume that's -- you know, as -- with the complete application, correct? CHAIRMAN HAYES: That's correct. That's based on the fact that he's state licensed. I don't quite understand in this case -- maybe I am a little cloudy this morning. I don't have a county license. I pull permits in Collier County all the time. MR. BARTOE: Well drilling -- this is the way it was set up, I guess. And we have been discussing this. I believe that's why we -- we feel we don't need to have this license any more county-wise because they take a test state-wise; all the inspections are done by the state health department on the wells; and it's staff's belief that we don't need this well drilling. It's the same as -- what else were Page 6 16fl-1 May 21, 1997 we talking about eliminating? MR. NEALE: Septic and elevator. MR. BARTOE: Septic tank elevators, they're all controlled by the state with a separate license, also. MR. NEALE: As Mr. Bartoe said, those are ones that we have discussed before that in all probability we maybe even shouldn't be licensing, much less it's -- you know, it's double dipping, but I just -- Mr. Palmer and I have looked at that, too, and we think that there's a good reason that we shouldn't be in the business of regulating trades that are inspected and regulated by the state already. MR. BARTOE: And his main reason for being here today is as I said, once his qualifier switches his license to qualify as a new company he purchased, Mr. Markey then would not be able to pull permits through the county until we issue him his license. CHAIRPIAN HAYES: Okay. So in the long haul you're telling me that we're actually going to delete our wording in our ordinance that requires that they be county licensed before they're allowed to pull permits? 14R. BARTOE: We're going to delete tke county well dr~ling, at least that's our intentions. Once we do that, they still will be able to pull permits, but they will have to show a valid state license. It will have to be on file. Mlq. NEALE: It would completely eliminate the specialty trades category of well drilling contractor from our ordinance. CHAIRMAN HAYES: Right. MR. NEALE: And if there is no category, then the only licensing required is state licensing. -CHAIPd~kN HAYES: Okay. I understand. Very well, Mr. Markey. Is there any other questions? MR. BARTOE: I guess another way to e:cplain it is look at general contractors, state certified, you know. W~y should he have to be a licensed county general contractor at the same time? CHAi~V~kN HAYES: I agree. One license is enough. Do you have any further requests from Mr. Markey? MR. BARTOE: No,. sir. The board did grant that, correct? CHAIRMAN HAYES: Uh-huh. Yes. Okay. Thank you, sir. MR. MARKEY: Thank you, gentlemen. CHAIRMAN HAYES: Did Mr. Curry come in? Mr. Watkins? Neither? Very well. We're complete with new business. MR. BARTOE: Your name, sir? MR. LOUBERT: Adriane Loubert0 Pell Construction of Naples. MR. BARTOE: I had, I believe, it's your son on the agenda. MR. LOUBERT: Yes. I think he forgot, and he's working way up past Lehigh Acres, and I can't reach him. MR. BARTOE: We never received any paperwork from him to pass out to the board either. MR. LOUBERT: I have it here. It's not completed. Page 7 16G 1: May 21, 1997 PIR. BARTOE: It's not completed? MR. LOUBERT: No, sir. My son was the qualifier before, and because of our differences in opinion, he -- MR. NEALE: Excuse me. If he's going to testify, we do need him on the microphone. MR. LOUBERT: He pulled the license on me and now I have to work for him. CHAIRMAN F~YES: Pardon me, sir, what's your name? MR. LOUBERT: Adriane Loubert. CHAIRMAN HAYES: And your reason for being here today? MR. LOUBERT: We were supposed to have my son qualify my company again. CHAIRMAN HAYES: And your son's name? MR. LOUBERT: James Loubert. MR. BARTOE: That was item four under new business -- CHAIRMAN HAYES: That's correct. ~{R. BARTOE: -- that we deleted. FfR. LOUBERT: He was the original qualifier for Pell Construction of Naples, but -- MR. BARTOE: I believe we should swear the gentleman ~. (Speaker sworn in.) C~IRMAN HAYES: Continue, sir. MR. LOUBERT: Yes. He pulled the license on me and went on his own, made a company called Pell Construction of Southwest Florida. And I wanted him to qualify me again. I just haven't had time to go to school and, actually, I'm scared to go to school. I haven't been in school for 30 some years. I do know the trade, though. 1 have been in the business for over 30 years. -CHAIRMAN HAYES: I am going to suggest that without any paperwork in front of me, no explanation, that I am not prepared to make a ruling at this time. I would ask that the paperwork be disseminated properly and reappointed for next month's meeting. MR. BARTOE: That's -- that's why staff requested the item be deleted, and if he wished to be considered for the June 16th agenda, he should have his completed packet to staff a week before so it can be passed out to the board and the council. CHAIRMAN HAYES: It's just very difficult for us to understand what's -- what we're trying to make a decision on with -- without paperwork and proper disclosure of such things. MR. LOUBERT: I -- I understand that. I thought maybe there might have been a little way around it since he was the original qualifier for the company. CHAIRMAN HAYES: May be. MR. LOUBERT: Everything that -- that you people needed, you have. CHAIRMAN HAYES: It may very well be. But until I have something that I can review and look at, I am not prepared to make a decision. MR. LOUBERT: I understand. CHAIRMAN HAYES: I am not saying that that's going to be a problem; I am just saying that I -- I can't make a decision until I Page 8 have ~omething to go on. M~. LOUBERT: I understand. May 21, 1997 16G .1 CHAIRMAN HAYES: Very well. Just reapply and come back on June 16th. It shouldn't be a problem; it's just a matter of getting the paperwork together so it's sitting in front of us so that we may review it. MR. LOUBERT: Yes, I understand. CHAIRMAN HAYES: Okay. Thank you, sir. Any other old business? No public hearing. Under reports, I do see one report. Looks like the 1996 Annual Report, Community Development Environmental Services Division. MR. BARTOE: Yeah, the administrator of Community Development asked that the board be provided with that annual report, and we included it with your -- with your packet. CHAIR/4AN HAYES: Anything in particular that we need to focus on in that report? MR. BARTOE: I don't believe so. CHAIRMAN HAYES: Does the board have any questions regarding, that report? Mr. Balzano, I believe you have a report. MR. BALZANO: For the record, my name is Paul Balzano, Collier County contractor licensing investigator. Is that enough, Jim? On the 30th of April, we did a sweep in Collier County with three members of the Department of Professional Regulators. We had state -- two state workers' comp investigators. We had -- an attorney from Tallahassee's state attorney's office was with us. We had.three investigators from Lee County. Licensing helped us, and we had around ten or twelve Collier County sheriff's officers, plus the -- Jim Schultz and Tom Bartoe, and myself. We hit nine different sites in the county. To give you a little background, the -- the Department of Professional Regulators cleaned house in Lee County at their office in Fort Myers, and they brought in these new people who thought that crime was running rampant because nothing was ever done. And they came to us and said we had a problem, because they did a sweep in Lee County and I guess they did have a problem. So we located nine sites where there was large ameunts of construction going on in the county. One of the members of the DPR went around and checked these sites to see if they were fit for their sweep that they wanted to do with us. And on Monday morning -- I mean, I believe it was Wednesday, the 30th, at eight o'clock we broke up into two groups and hit the south end of the county and the north end of the county. I have got some interesting statistics. The sheriff's department did over 500 warrant checks. They came up with five people that were -- had warrants on them, which they arrested three and two ran into the woods. We did 315 contractors we checked, and we cited eight to court Page 9 16G. 1 May 21, 1997 for being unlicensed. The workers' comps did 221 checks on workers' comp, and they had seven citations they issued. So evidently the problem in Collier County wasn't as bad as they thought it was, and we hit some big developments. We hit Pelican Marsh, Village Walk, The Lane, Calusa Bay, Sapphire Lakes, the Isles of Capri, Falling Waters, and it took us all day to do these. Everyone was checked. The sheriff's department closed off the roads so no one could come in and no one could go out except for the two that ran through the -- the lakes down in Sapphire. MR. DICKSON: Can you give us as a comparison what -- do you have stats on Lee County? MR. BALZANO: Well, what we found in Lee County -- the statistics -- the stats that they had were much higher than ours. I don't have a copy of it with me of what they did, but what we found out is if they had a stucco company there that had 22 employees, they wrote up 22 citations. We cited the contractor. MR. DICKSON: Did they make any comments, the state people, after this? MR. BALZANO: What was that? '- MR. DICKSON: Did they make any comments about Lee County after this? MR. BALZANO: No. MR. DICKSON: I mean, not Lee County, but Collier County? MR. BALZANO: Well, they said they would get back to us and maybe we would do this again sometime. We had offered to hit some of the highrises in the county, but state doesn't seem too interested in doing highrises, because they would have to walk up the stairs. ' MR. BARTOE: The workers' comp violations are a thousand dollars each. MR. PEDONE: What type of violations do you have on workers' comp? That they were not covered by the insurance? MR. BARTOE: Correct. MR. BALZANO: There was one site we completely closed down; that was Sapphire Lakes. They were shut down completely. We -- we red-tagged it, and workers' comp told them not to even think about doing any work there. I mean, he's under investigation by them. It was probably the worst site that we hit, that and Falling Waters. MR. BARTOE: Falling Waters. MR. BALZANO: But Jim did the north end, and they were in complete shock when they went into Divosta's development there at Village Walk, how squared away it was. I mean, there wasn't one that wasn't crossed or one "I" that wasn't dotted. I mean everything up there was meticulous. MR. PEDONE: In other words, they had contractors working on Sapphire and on Falling Waters that did not have workmens' comp. MR. BALZAMO: Didn't have licenses. MR. PEDONE: Didn't have licenses. I didn't know workmens' comp could cite them for not -- for being on a job, because it's not a state agency; it's a private insurance. Page 10 May 21, 1997 M~. BALZANO: Workers' comp cited them. We saw them w~ite the citations. I believe he was -- he cited the contract -- the supposed contractors and now they're doing an investigation into the two developers. So they have got some problems. MR. PEDONE: No wonder. I do work for Falling Waters, and I got an urgent fax asking for my license number and my certificate of insurance. MR. BALZANO: Well, the DPR, I guess, on some of them on the 4889 cited them for not having the proper records in their construction trailers such as copies of licenses, insurance and stuff like that, which a lot of them did not have. But Jim said they were beside themselves when they walked into Divosta's. I mean, it wasn't -- he could probably tell you better. MR. SCHULTZ: The state prosecutor, he rode with me that day, and he was -- overall he was very impressed with Collier County and the way that we do business here. Divosta is self-insured, as probably most of you know. They have their own workers' comp, and the state prosecutor when I told him this he said, oh, no, that's impossible. No, no, that don't happen. So the big boss man up at Divosta, he was very cordial, a real gentleman. He said come -- come with me, and they went up to the office and he opened the books up for him and every subcontractor that works for Divosta is on a computer printout, and it has a date that they were hired as a sub. He has copies of their insurance. He has copies of their license. He has copies of everything, and he showed them where they, Divosta, is self-insured for workers' comp, and this is probably only a handful of companies in the State of Florida that do this. -But overall they -- they were very impressed with Collier County and I -- you know -- I -- I think we do a pretty decent job. CHAIRMAN HAYES: Good. PER. DICKSON: I might say that -- I would say that holds true for the majority of general contractors in Collier County. I work -- all of us work for a lot of them. I can't think of one that I step on their job without my licenses and a current certificate of insurance being on file in their office before that ever happens. The only thing I am worried about is some of the people coming in if they're that stringent. MR. BALZANO: What we found was a lot of the problem is -- was stucco, drywall, trades like that, and what was happening is -- and we found this at Sapphire Lakes and down to Falling Waters -- that you would give the contract to me and I would give you copies of my papers and then I would subcontract it to Tom who was not licensed, would come in with 15 to 20 guys, and I wasn't even on the site. I mean, and that's what we found. It was mostly stucco, drywall is where we were having the problem. But the --- we checked out all of the electrical companies that were working there, plumbers, roofers, metal studs, you name it. They were all -- everyone was checked. You had to see it. And we tried on several occasions to contact the Naples Daily News to have them come Page 11 May 21, 1997 with us and then afterwards we called them for four days to give them the statistics and never got a return phone call, so evidently it wasn't -- we-told them what it was involving, but they never called Jim or myself, and we had called them at least six times. So that's why you didn't see anything in the paper. Any questions? MR. GRESSANI: Doing a good job; keep it up. CHAIR/W3q~ HAYES: No further reports. Under discussion, I have a couple of things. Last week we talked about -- last month we talked about the workshop that was to take place. Mr. Perico has requested -- I was asking for a copy of the ordinance. I have yet to receive it. Do you know what the status is? MR. NE3tLE: We have, you know, the revisions that we had done previously, but as far as anything further that may have been done based on input from the trades or anything, we -- we've seen nothing new so .... CHAIRMAN HAYES: You won't see anything new from the trades. I am needing the copy from staff so that I can -- MR. NEALE: We have seen nothing from Mr. Perico's ofk~ce thus far, you know. Mr. Palmer and I are waiting for whatever feedback they have to be able to finish crafting the -- the ordinance, and we have got nothing from staff. MR. BARTOE: Mr. Perico -- Mr. Perico requested we get another workshop and try to get this finalized so that his secretarzal help can get a -- get it down working with the County Attorney, get a final draft on this. Also, our secretarial staff in licensing, you know, would like to see this done and passed as soon as possible because mailing goes out to renew licenses August 1st, and we have some of these licenses we want to eliminate, and if we don't get them eliminated, these people are going to have to renew again for another year. CHAIRMAN HAYES: I was hoping to have the results of the workshop at this meeting today so that we can make a motion on that ordinance today so that we could move along with it, but until I see a draft, a copy of the current draft of the ordinance, I can't even call a workshop. Anybody know where the existing draft is at this point? Whose hands? UNIDENTIFIED SPEAKER: Mr. Neale has it on a disc. }fR. NEALE: Yeah, I mean, I have got the -- the last draft that this committee reviewed, but I haven't made any further changes to that because we're waiting for some additional input based on the specialty trades' review of the ordinance and things like that so .... CHAI~4AN HAYES: Okay. Our last workshop of that ordinance of the specialty trades has been three months, four months ago. I would have assumed that staff had taken those notes and worked them into the ordinance at that point and that there -- that has been done and it should be back out for a final review for approval. MR. NEALE: All I know is from my office's point of view and I Page 12 16G-1 May 21, 1997 think Mr. Palmer's, we haven't seen any of the -- any of the results of those -- the review from the specialty trades or any information as to what changes they proposed or anything so, you know, at this point until we see some of that, I can't make any further changes in the ordinance that I have. CHAIRMAN HAYES: Mr. Bartoe, do you know what has happened since our last trade group meeting? MR. BARTOE: No, I will have to check with Mr. Perico. CHAIRMAN HAYES: Very well. So it goes right back to Mr. Perico's hands again. MR. NEALE: You know, as soon as we get it, Mr. Palmer and I will jump on it, turn it around, put in the few administrative changes that we had proposed and had been reviewed and provide a strike-through and underline copy. I mean, we can do that in a very short period of time. We just need the -- need the feedback. CHAIRMAN HAYES: I am prepared for a final review -- to call the trades for a final review, but I do want something that we're reviewing. At the last workshop that we attended, there was some specific notes, recommendations made toward the ordinance at that point, and I would have assumed that that was all worked o~-t and that there is a new draft in existence and we need to look at it, or is there specific questions that Mr. Perico perhaps may have that he can't move forward until he gets answered; do you know that? MR. BARTOE: No, we will have to check with him. CHAIRMAN HAYES: Very well. MR. DICKSON: Mr. Chairman, do you want to -- can we get this more concise, what we can expect to happen by the next board meeting and who is going to see that happens. ~CHAI~4AN HAYES: I would very much love to see that. This is -- this will be the second meeting that we have had with nothing moved forward. MR. DICKSON: Okay. But we're looking at -- we want the minutes, the notes from the last specialty trades incorporated into the -- the present draft at hand; is that what I am understanding? CHAIRMAN HAYES: Yes, I was aware -- I was -- it was my understanding that that was exactly what was happening. Staff was sitting in on that meeting with recommendations and suggestions and criticisms of some of the recommendations that the trades people made to begin with, so I would have assumed that most of that was actually settled down when Judy had made her notes. Does that make sense? MR. BARTOE: I think Mr. Perico has all of those changes. MR. DICKSON: Okay. But we're looking for Mr. Bartoe to find this out, and if we don't have it by next meeting, then you will know who has it logjammed? MR. BARTOE: Yes, sir. MR. DICKSON: I just -- that's what I'm looking for is some attachment of responsibility. CHAIR/~AN HAYES: At this point, yes, because I would have assumed that we would have been further along. M~.. NEALE: As I say, we have got the partially revised ordinance Page 13 16G 1 May 21, 1997 already in the strike-through and underline form. Ail we have to do is make the additional revisions and we can print it out and have it ready, you khow, within a few days after we get the feedback. Mr. Palmer and I, I think, will make a commitment that as soon as we get that, we will get together within a short period of time and get the completed ordinance drafted. I mean, that's -- that's something we can do. MR. PALMER: I can probably do it in a day or two, go through the whole thing word for word, look at it, maybe add or delete or suggest additions, deletions, and turn it around in less than a week. CHAIRMAN HAYES: All right. My concern at that point then, if Mr. Perico's request is that he wants additional input prior to that authoring of that draft, then I understand why we don't have one to go to review, but I was under the impression that it was further along than that and all we were asked to do in the workshop was to review the final draft. MR. BARTOE: I don't think we're going to get any additional input, do you? CHAIR/W3~ HAYES: Only -- the only additional input that I would suggest is if we had the prepared recommended final draft i'n front us and none of what was discussed was implemented on that draft, I would probably suggest you get some input then. MR. BARTOE: But we need a draft. CHAIRMAN HAYES: I would have thought so unless there is some reason that Mr. Perico can't move forward until we do have another workshop. MR. BARTOE: I will check with him and advise you. CHAIRMAN HAYES: I appreciate that. If you will get back with me directly, Mr. Bartoe, I would appreciate it. I am more than willing to move fo~ard and to participate in a workshop for this ordinance. I just need to know some format that they wish us to follow. MR. PALMER: What I would suggest that might be possible is to get a copy to staff of the draft that Mr. Neale has, and if they have any changes, just put it in red pencil or red pen, and get it back to Mr. Neale, and Mr. Neale can strike and underline in there under staff's recommendations, and I can look at it, and get to a point -- I am not sure I want to do the words thing like the title and all that until we get the text locked down. Then it's just a matter of getting the title and the indexing and so forth so it coincides with the change in the text, and we would have something ready to go to the Board of County Commissioners with a recommendation. CHAIRMAN HAYES: I believe unless there is an additional draft, Mr. Neale, that that's been done already. MR. NEALE: Yeah, I mean, the draft that we're talking about was submitted with strike-through and underline to this board -- it's got to be five months ago, six months ago. CHAIRMAN F~YES: Okay. MR. NEALE: And that was a strike-through and underline version at that time. CHAIRMAN HAYES: And that same draft, I believe, was handed out Page 14 16G May 21, 1997 at all the trades at the last workshop and we did our strike-outs and our recommendations at that point; do you remember that, Mr. Bartoe? MR. BARTOE: Yes, I believe Mr. Perico has a copy of that. CHAIRMAN HAYES: Okay. That's the one we're talking about. Now, you, Mr. Neale, do not have a copy of the new strike-throughs that we worked up at the last workshop. MR. NEALE: I do not have any information as to the changes made to the already changed ordinance. CHAIR/~AN HAYES: That's what I'm getting at. I believe that's where it lies. MR. BARTOE: And Mr. Perico states what we had will not fly with the Board of County Commissioners. Every line has to be numbered, etc., on that according to him. MR. NEALE: Well, that's not a problem. No, that's not relevant, I mean. CHAIR/W~d~ HAYES: One at a time. MR. NEALE: What we need is -- you know, we need -- we can d° the numbered line ordinance and all of that, Mr. Palmer and I. What we need is the comments on that first one that we had gone through as a draft so that we can make the changes and put forth a fina'~proposed draft to go to the commission with numbered lines and all that kind of stuff. MR. PALMEK: Yeah, that's a matter of ten minutes. What Mr. Neale needs is the comments that have been made so he can incorporate them into the final marked-up copy. Then I can get it and review it and say that everything is legal subject to final approval and then we'll do the word index and the title. There's no point in doing that until we get the text locked down, and this is a matter of hours, actually. Putting a strike-through and underline version, that takes three seconds. You just put it in the computer and say put the numbers on the side. MR. NEALE: Yeah. MR. BARTOE: And so Mr. Perico needs to get it to Mr. Neale. MR. NEALE: Right. And my office has sort of become central repository for the strike-through and underline version. I just gave Mr. Palmer a copy of the original version on disc. We can do this all electronically so that we don't have to worry about people retyping things. All that will have to be typed in are the changes, so all we need is just the feedback and we can turn it around very quickly. CHAIRMAN HAYES: I was -- I was thinking that at the last workshop that the -- after that workshop that staff and developmental services would have requested that electronic copy from you so that they could go ahead and implement the rewording and revisions that we had worked up at that workshop and then send it back to you, if you would, and say here, this is our new electronic copy. MR. NEALE: We haven't gotten that request. CHAIRMAN HAYES: And you haven't gotten that request so whatever changes Mr. Perico's office is making on it have not formally been added to the draft whatsoever; is that basically what it sounds like? MR. BALZANO: Also, on that, it's just numbering each line. We Page 15 May 21, 1997 have eliminated four or five different categories. Now you're going to have to change. If -- if -- I'm just saying if a carpenter was 4.8, he could become 4.5 under the county ordinance. There is a lot of backtracking. MR. NEALE: Yeah, but those are real easy issues that I think can be resolved by the County Attorney's office and my office in the redrafting. What we need back is the word -- you know, the words -- the -- the fine details of line numbering, renumbering sections and all of that, that Mr. Palmer and I can take care of in a very quick period of time. I mean, it's -- it's effectively automatic. MR. BALZANO: I believe that's all done. I think that's what Mr. Perico wanted the meeting for. CHAIRMAN HAYES: Very well. After this meeting then, Mr. Bartoe, yourself and I will communicate with Mr. Perico to confirm what the status is. I would -- I would like to be able a make a ruling at our June meeting on the amendments to that ordinance so that we can move forward with it. Very well. Another point of discussion. I may have the number wrong, but Senate Bill 1426, I understand, just passed the House and Senate in Tallahassee that refuses any ability of local lek,el journeyman licensing on state license holders. Anybody aware of that? MR. PALMER: I will get that off the Internet today in our office and take a look at that. CHAIRMAN HAYES: Okay. If that's the case, that it does exactly the opposite of the two previous House and Senate bills that implemented or that called for the implementation of journeyman licensing on local levels to adhere to certain criteria that the state recommended or required, I find it surprising that no one beard of this-particular bill until it becomes approved by the House and the Senate, and the other bills that we had heard from, three or four, on taking the opposite side of the position, we had heard of those, but those never got approved. Now, we hear about the one -- the one that's the opposite side -- they got approved. Incidentally, that will not become law until it is approved at the government's -- governor's office and I believe that he may have a particular position regarding that as that the last time it came up in an ord -- a statute, he voted against it; he vetoed it, and it may be that he's considering doing the same thing, so there may be some of us that need to be, perhaps, in communication with the governor's office regarding that issue. I know that it's sensitive in a lot of circles. MR. PALMER: Yes, I was just going to comment about the fact that you didn't hear about a bill. That's just an example of some of the things that go on in Tallahassee that they slip these bills through without any real notice and there it is before anybody's aware that it's even in the pipeline. CHAIRMAN HAYES: That's correct. MR. PALMER: And usually that happens -- that usually indicates that it is a controversial issue and that's why they're handled in that manner. CHAIRMAN HAYES: Standard procedure it seems like for getting new Page 16 168 1' May 21, 1997 statutes down that -- that particular interest groups wish to have. Also, Mr. Palmer, you reviewed some of the information that I brought you last month regarding the same issue but not the same statute? ~R. PALMER: Well, I reviewed the question of the handyman business, and I think that the statute is quite clear on that. I don't think it's anywhere as ambiguous as one might imagine. I think that we can draft an ordinance. If we want to dovetail it with the state statute, it will be clear as to who is and who is not -- requires license in this. When you go from just an unlicensed handyman over the edge and where you need some kind of a trade license. I don't think it's going to be a problem. I have not gotten a copy of the opinion, the Supreme Court opinion, that you had mentioned. I am not sure of the book and page or the number of -- did you give me a copy of the opinion itself? CHAIRMAN HAYES: I gave you a copy of a news article and a publication that summarized it, basically. MR. PALM]ER: All right. Well, I haven't had a chance to get a copy of that opinion, but I will do that as soon as I can. CHAIRMAN HAYES: If, in fact, this new Senate bill --'- MR. PALM~R: Rock that boat -- yeah. CHAIRMAN HAYES: You're wasting your time. MR. PA/2dER: Oh, it may well be that it's been totally mooted. CHAIRMAN HAYES: Exactly. Right now, again, bearing the governor's veto -- MR. PAI24ER: Yeah. CHAIRMA/~ HAYES: -- it's -- M/q. PALMER: Okay. Fine. I will keep track of that.. CHAIRMAN HAYES: Okay. Any further discussions from the board? Our next meeting is June 16th on a Monday in this same place. I need a motion for adjournment. MR. PEDONE: I make a motion we adjourn. MR. SCHOENFUSS: Second. CHAIRMAN HAYES: All in favor? There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:56 a.m. CONTRACTOR'S LICENSING BOARD GARY HAYES, CHAIRMJkN Page 17 16G .1 ' May 21, 1997 TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY DEBKA PETERSON Page 18 REGULAR MEETING OF THE 16G March 17, 1997 RECEIVED JUL - 3 1997 COLLIER COUNTY CONTRACTORS' LICENSING BOARD Board r. NAPLES, FLORIDA, March 17, 1997 LET IT BE REMEMBERED, that the Contractors' Licensing Board in and for the County of Collier, having conducted business herein, met on this date at 9:05 a.m. in REGULAR SESSION in Building 'F' of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Hayes Daniel Gonzalez Les Dickson Humbert Gressani Richard Joslin Arthur Schoenfuss Michael Pedone Gary R. Beaumont Robert Meister, Jr. ALSO PRESENT: Ramiro Manalich, Chief Assistant County Attorney Patrick H. Neale, Attorney to the CLB Thomas Bartoe, Licensing Compliance Officer Jim Schultz, Licensing Compliance Officer Paul L. Balzano, Licensing Compliance Officer (The meeting convened with Chairman Hayes, Mr. Pedone, and Mr. Meister not being present.) Norris Hancock Co~stanttne--~~ ~ac'Kte Berr) Idirr,. Colrcs: Cc.;:,?,. lo: Page I DATE~ March 17, 1997 TIME~ 9500 A.M. ANY PERSON ~10 DECIDES TO APPEAL A DECISION OP THIS BOARD NF~D A RECO~D OF T~ PROC~EDII~2g PERTAININ(~ THXaETO, AND ~~ ~Y ~ ~ ~ ~T A ~TIM ~ OF ~ ~~ ~ ~P~ IS ~ B~ ~. l. ROLL CALL II. ADDITION~;OR DELETIONS~ III. APPROVAL OFAGENDA~ IV. APPROVAL OF MINUTE~ DATE~ February 21, 1997 V. NEW BUSINESS~ VI. VII. 1. Roger Dulaney - request to reinstate Concrete Form Place & Finish and Masonry license. He was originally grandfathered in. 2. Roes Reed - request to obtain license for waterfalls, fountains & bridges, no license category ~m landscaping restricted license. 3. Joseph ~ulligan - request to reinstate Roof Coat, Roof Paint, Roof Cleaning license. License was revoked bT the board on 12/18/96. OLD BUSINESS: PUBLIC HEARINGS ~ VIII. IX. X. REPORTS~ DISCUSSION~ NEXT MEETING ~ATR~ April 1~, 1997 March 17, 1997 MR. DICKSON: Good morning. My name is Les Dickson, and I will act as acting chairman as we have a quorum. Contractor Licensing Board of Collier County is now in session March 17, 1997. Be advised any person who decides to appeal the decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes that testimony and evidence upon which the appeal is made. I'd like to start off with the roll call to my right, please. MR. GONZALEZ: Daniel Gonzalez. MR. DICKSON: Les Dickson. MR. GRESSANI: Humbert Gressani. MR. JOSLIN: Richard Joslin. MR. SCHOENFUSS: Arthur Schoenfuss. (Mr. Hayes entered the board room.) MR. DICKSON: And our chairman, Mr. Gary Hayes, is now here, and he will take over. Any additions or deletions to the agenda, Mr. Bartoe? MR. BARTOE: Yes, sir. For the record I'm Tom Bartoe, licensing compliance officer. Under new business add Item No. 4. John P. Arnold III is requesting a tree-trimming license. He should have been grandfathered in 1994, and Mr. Arnold is here to explain that, and staff can help explain that also. Under discussion staff would like the board to discuss establishing a policy regarding expired licenses. We're talking two types of expired licenses, .licenses that originally had been grandfathered and licenses which originally required the one-hour admihi~trative test which is now the two-hour business and law test. Staff has no other additions. CHAIRMAN HAYES: I apologize for being late. Somehow or another I was confused and thought the meeting started at 9:30. I will take over. We're at additions and deletions. You don't have any further additions and deletions? MR. BARTOE: No, sir. CHAIRMAN HAYES: I need a motion for approval of the agenda. MR. DICKSON: I have one addition on discussion also, a complaint that I have against Sears in which I have used the name of the Contractor Licensing Board. I was going to read that letter to you just so it's on record, and it's a problem with their advertising that I have filed a complaint against them on state level. It's not as major as it sounds, but I'll read the letter to you. (Mr. Dickson exited the board room.) CHAIRMAN HAYES: Very well. Any further additions or deletions? MR. REED: I don't know about this, but I think mine follows under the same category of Ross Reed, what he said. MR. BARTOE: He's on the agenda. CHAIRMAN HAYES: He's on the agenda. MR. REED: Oh, okay. I'm sorry. Page 2 16G March 17, 1997 1 MR. GONZALEZ: MR. DULANEY: MR. GONZALEZ: license? MR. DULANEY: MR. GONZALEZ: MR. D~: complaints at all. CHAIRMAN HAYES: I need a motion for approval. MR. GRESSANI: I move the agenda be approved as -- with the additions as noted. MR. GONZALEZ: I second it. CHAIRMAN HAYES: I have a motion and a second. Any further discussion? Ail in favor? Opposed? (No response) CHAIRMAN HAYES: Motion carries. I need approval of the minutes of February 21, 1997, as written into the record. MR. SCHOENFUSS: I move the minutes of that meeting be approved. MR. GRESSANI: I'll second that. CHAIRMAN HAYES: I have a motion and a second. Ail in favor? Opposed? (No response) CHAIRMAN HAYES: New business. Under new business I have Roger Dulaney, request to reinstate concrete form, place, and finish and masonry license. He was originally grandfathered in. Mr. Dulaney, would you come up to the podium, please, sir. MR. DULANEY: Yes, sir. CHAIRMAN HAYES: Would you state your name for the record. MR. DULANEY: Roger Dulaney. CHAIRMAN HAYES: And you're here this morning -- .... FfR. DULANEY: To get my license renewed again for the next year -- for this year. I was in Georgia, and I have a home in the Iaountains in Georgia, and I was sick, and I was unable to get back until January the 2nd or 3rd, and I went into the office to get my license. She said, 'No. You can't have them.' So the last board meeting I missed, and I'm here today. CHAIRMAN HAYES: So it's just a matter of -- MR. BARTOE: There's two licenses involved here. The one's concrete form, place, and finish, and the other one's masonry, and both of those require a three-hour exam plus the two-hour business and law, and as previously stated, he was originally grandfathered. How long were you in business prior -- Twenty years. And that was with a grandfathered Yes, sir. Any complaints against you? No complaints at all. I have no Nobody. I walk -- walked for -- I worked for Stalker & Son, Breakwater, several builders here in town. I've done Boshan, (phonetic) all the concrete work on Boshan there on Airport Road, all them apartments. Nobody has any complaints at all of my work. Page 3 1 6G March 17, 1997 MR. GONZALEZ: When did your license expire? MR. DULANEY: Last day of December. MR. BARTOE: The office staff only had one major concern on his credit report. At the top of it, it says page 7. There were three civil judgments by Ruck Brothers Brick, Incorporated, and Mr. Dulaney has shown me that those have been satisfied. MR. GRESSANI: I see a note here, except -- exemption of workman compensation. MR. DULANEY: I'm exempt from workman's comp. I've got the forms in the file, and I've got liability insurance. I don't have any employees, other than me and my son works together. Me and my son works together. We've been working together for the last 15 years. MR. GRESSANI: But your son is an employee of yours? MR. DULANEY: Yeah. He also has -- exempt from workman's comp. It's also in the file, Jeff Dulaney. All we do right now is just tie beams. That's all we do now. CHAIRMAN HAYES: You do tie beams with just you and your son? You don't ever have any -- MR. DULANEY: Just me and my son. We don't have no employees. We just do tie beams mostly is all we do, unless it's 10 yards or something like that, but we don't go no big floors or no big jobs. MR. GRESSANI: You said your son is licensed too? MR. DULANEY: No, my son is not licensed. He is exempt from workman's comp. MR. GRESSANI: I thought there could only be one person exempt in a company working -- MR. BARTOE: There can be three owners, and there's one pagW ~hat has business name Dulaney & Son. (Mr. Dickson entered the board room.) MR. GRESSANI: All right. CHAIRMAN HAYES: Any further questions from the board? MR. BARTOE: Mr. Neale, is Mr. Dulaney sworn in? I don't believe so. ~R. NEALE: I don't believe so. Could you swear him in, please? THEREUPON, ROGER D. DULANEY, a witness, having been first duly sworn, upon his oath, testified as follows: MR. BARTOE: And Mr. Dulaney, everything that you have told the board up till now, do you swear that that's the truth? MR. DULANEY: Yes, sir. MR. BARTOE: Thank you. MR. DICKSON: Excuse me for being outside, Mr. Dulaney. Where have you been the last two years? MR. DULANEY: The last two years I worked for Breakwater, worked for Stalker & Son -- MR. DICKSON: Here in Naples? MR. DULANEY: Yes. MR. DICKSON: Okay. Well, did you move out of Collier Page 4 March 17, 1997 16G County for a while? MR. DULANEY: No, I never did. MR. DICKSON: Okay. MR. DULANEY: I have a home in the mountains. I go up there in the summer. I spend the summers up there in the mountains. MR. DICKSON: Okay. CHAIRMAN HAYES: His license just expired this past December. MR. DICKSON: Okay. CHAIRMAN HAYES: I need a motion from the board. MR. GONZALEZ: I move that we reinstate Mr. Dulaney's license. You know, he has no -- no complaints and he's been in business 20 years. I see no reason why he shouldn't be able to continue to make a living here in Collier County. M~. JOSLIN: I have to go along with the second on that. CHAIRMAN HAYES: I have a motion and a second. Any further discussion? All in favor? Opposed? (No response) CHAIRMAN HAYES: Motion carries. MR. DUIJuN~Y: Thank you very much. CHAIRMAN HAYES: You're welcome. MR. DULANEY: Can I leave now? CHAIRMAN HAYES: Yes, you may leave. MR. BARTOE: Yes, sir. MR. DULANEY: Okay. Thank you very much. MR. BARTOE: I -- I have your folder here, Mr. Dulaney, sd db~'t come into the office to attempt to renew it until tomorrow. MR. DULANEY: Okay, sir. MR. BARTOE: Thank you. MR. DULANEY: Thank you. CHAIRMAN HAYES: Ross Reed, request to obtain license for waterfalls, fountains, and bridges, no license category, has landscaping restrictions -- restricted license. Mr. Reed, would you state your name please, sir. MR. REED: Ross Reed. MR. BARTOE: Could we swear Mr. Reed in, please? THEREUPON, ROSS REED, a witness, having been first duly sworn, upon his oath, testified as follows: MR. BARTOE: Mr. Reed is in a similar predicament that a Mr. Austin was in a few months back in that the work that he does is mainly these waterfalls and fountains, and he has a landscaping restricted license. And at that time we granted -- not "we.' The board granted Mr. Austin a temporary license until -- until the ordinance can be changed to create -- create a license that fits in with the type of work that Mr. Austin and Mr. Reed do. Mr. Reed became aware of his problem when he come in to get a permit last week to construct, I believe, waterfalls at Eagle Creek, and he can explain Page 5 16G 1 March 17, 1997 it to you. MR. REED: Well, I've been doing waterfalls since 1984 here in Naples, and I've done a lot of big jobs, but I've had other people pull my licenses -- I mean, pull permits for me. But I went through the business and law school. Collier County then told me that they would license me under a restricted landscaping license to do my waterfalls and that -- and in that I pulled permits for Windstar. We did a big fountain out on the front of Windstar in which my company and I pulled the license on it -- I mean permits. So then I went to get a permit for Eagle Creek, and they denied me the permit, and I just couldn't understand why. You know, it's -- and they said they changed the policy or something, that restricted landscaping you can't do fountains and waterfalls anymore, that it takes a different license, and they said that I could come in here and possibly be grandfathered in since I've done -- I've got a portfolio if anybody would like to see my work, but I've done the Brittany, the fountain at the Brittany. MR. DICKSON: If I -- MR. REED: I've done a lot of big jobs in town. MR. DICKSON: If I could explain to you what we did, we've had lengthy sessions on this issue. The problem we're facing on this board is the fact that these fountains or these waterfalls used to be a small little quarter-horsepower pump or something l~ke that, and now we're getting into half-million-gallon waterfalls and ponds, which there's -- there's concern by this board and this committee -- This board right now has a committee working on that issue. Assuming you are qualified, which I'm sure you are -- but we also have people out there that are doing these types of waterfalls and retention ponds that-a~e not qualified. MR. REED: I appreciate that too. MR. DICKSON: There's an issue of safety. There's an issue of using proper contractors for grounding, things of that nature. And Mr. Chairman, based on that, what we did with this other individual who's also very well qualified -- Mr. Austin, wasn't it? MR. BA_RTOE: Yes, sir. MR. DICKSON: -- is we issued him a restrictive license to do this until we resolved the licensing that we were going to enforce and propose to Collier County with the understanding that all trades such as plumbing and electrical be by licensed contractors only, that you do not have the right to do that. MR. REED: Right. CHAIRMAN HAYES: I -- I believe we have made corrections. It's just a matter of the ordinances being approved, is it not? MR. BARTOE: Yes, sir. CHAIRMAN HAYES: So we have been giving temporary licenses until such time as those ordinances have been approved, and then you're going to have to fall under the guidelines of those licenses; isn't that correct? Page 6 March 17, 1997 MR. BARTOE: Correct. But I would assume that we've already approved and issued one to Mr. Austin, that he would not be required to take any tests, would he? CHAIRMAN HAYES: I believe that was a temporary license, wasn't it? MR. DICKSON: Yes. CHAIRMAN HAYES: Yeah. And it's only temporary until such time as the ordinances have been corrected legally so that he can go on and -- and apply for his permanent license. I believe that's the -- the feelings that I were -- shared when -- when we first decided to -- on what to do with that. It was just strictly temLorarily until we did get it back in line per ordinance, and then he would have to resubmit an application for a full-blown license; isn't that correct? MR. DICKSON: Yeah. But we haven't seen those revisions on this board. CHAIRMAN HAYES: Well, we -- we made them at the last committee meeting, and licensing is in the process of putting the wording together for county attorney's office for -- for their review, and we will have them back here for final review anyway. Do you know what the timing is, Mr. Bartoe, on that? MR. BARTOE: No, I don't know the timing. I -- I know that the boss said we have to get in gear with it, and I imagine we'll get going again with it next week. He's on vacation this week. CHAIRMAN HAYES: That is under way. It was about -- what? -- four weeks ago when we made that -- those final recommendations. MR. BARTOE: Yes, it was. - CHAIRMAN HAYES: Okay. So what we're talking about here, Mr. Reed, is a temporary license. MR. REED: Okay. That's fine, but I already took business and law and that for my other one. I wouldn't have to go through that again now, would I? CHAIRMAN HAYES: I don't think you would. I believe it's just a matter of whatever we would have to have you do for the specialty part of it then. MR. REED: For knowledge. CHAIRMAN HAYES: Yeah. Your -- your business and -- and law should -- MR. REED: I know more about it than they do so -- CHAIRMAN HAYES: Your business and law should hold. MR. REED: Okay. MR. DICKSON: Well, and the same thing we have of Austin. For example, Mr. Austin did the fountains in the pond at the Waterside which is a half a million gallons. MR. REED: Right. Right. That's a big job. MR. DICKSON: It just had to be approached. Mr. Chairman, based on this and based on this gentleman's experience, I move that we issue him a temporary license with the full understanding that it is temporary until the new codes are approved by Collier County, at which time you will -- he will have to comply with Page 7 March 17, 1997 those codes for any permits after that date that those codes are accepted by the county. MR. NEALE: If -- If I may remind the board too, in -- in the case of Mr. Austin, if I remember correctly, the board also required that any specialty trades such as electrical or plumbing hookups to potable water systems have to be done by licensed contract subs in -- in those trades. MR. DICKSON: Exactly. And I'll add -- MR. REED: That's the way it had to be at Windstar too because we -- MR. DICKSON: We had the problem of people not doing that too -- MR. REED: Oh, uh-huh. MR. DICKSON: -- especially water and electrical. MR. REED: No. That's -- the only -- We can do our recirculation of our own on the plumbing; is that correct? In other words, the -- putting from the pump to the waterfall, it has nothing to do with water connections from city water, fire water, or anything else like that. CHAIRMAN HAYES: That's correct. MR. REED: They told me the recirculatory I can do, just not a hookup from -- CHAIRMAN HAYES: That's correct. Mr. Reed, you're not -- you're not licensed to deal with potable water. MR. REED: Right. CHAIRMAN HAYES: Exactly right. MR. REED: Okay. That's -- That's wonderful. MR. GRESSANI: I'll second the motion. -' -CHAIRMAN HAYES: I have a motion and a second. Any further discussion? All in favor? Opposed? (No response) CHAIRMAN HAYES: Motion carries. Very well, Mr. Reed. MR. REED: Thank you very much. Can I pull permits, then, under the license now or what -- CHAIRMAN HAYES: You're going to have to square away the paper work with licensing first. MR. BARTOE: As soon as you get it issued, but I've got your folder here, so it isn't going to do you any good to go in the office until I get back in there -- MR. REED: Okay. Well, I mean -- MR. BARTOE: -- around -- MR. REED: Okay. MR. BARTOE: -- around three o'clock this afternoon. MR. REED: All right. Then I should go down there first before I try to pull another permit? MR. BARTOE: Right. You're going to have to get this new temporary license issued to you by Judy or Maggie. MR. REED: Okay. Fine. Okay. Thank you very much, Page 8 1 6G March 17, 1997 gentlemen. CHAIRMAN HAYES: Okay. May I remind everyone that we need to have one speaker at a time. Joseph Mulligan, request to reinstate roof coat, roof paint, roof cleaning license. License was revoked by this board on 12-18-96. Mr. Mulligan, are you here? M~. MULLIGAN: Yes, sir. CHAIRMAN HAYES: Come up to the podium, please. MR. NEALE: Would you swear him, please. THEREUPON, L. JOSEPH MULLIGAN, a witness, having been first duly sworn, upon his oath, testified as follows: CHAIRMAN HAYES: State your name, sir. MR. MULLIGAN: L. Joseph Mulligan. CHAIRMAN HAYES: Would you speak into the mike, please. MR. MULLIGAN: L. Joseph Mulligan. MR. BARTOE: Mr. Mulligan did provide a letter to me, which I provided to the board, dated February 27, 1997. MR. MULLIGAN: Could I give them copies of this here, or do they have it7 MR. BARTOE: Copies of what, sir? MR. MULLIGAN: The point I wanted to show is that we've conformed. We have a complete record here of the independent contractor who is with me. Also with me is my son who started the original Mulligan Company. I thought maybe you could -- (tendering document) The problem that we ran into is that I've been so well k~oW~n'around like Marco Island since '65 that I went back and we conformed. We have an independent contractor we've known for some time. He does all my roofing because I'm not doing roofs. I'm just allowed under this license I have as a consultant and occupational to do things up to the roof. The problem we run into is that I book a job and Peter does it but the guy still -- he knows me. When it comes down to write a check, they want to pay us, and technically I can't receive any money. It has to be paid to him. And then anything I get would be like a commission. Unfortunately, like I said, I -- times do change. mean, like when Danny started the company, I don't think there was even a license required. What we're trying to do is -- We understand the progress and want to do whatever we have to to get along. We want to make a living. We don't want to just give this up and walk away from it. As you can see, I think that everything we've got here now on Peter is right. I would like the opportunity with a license. I can have two people. I really only need one. I have a brother-in-law who's got a license now in Everglades. He's young, aggressive. I'd like to bring him in as a partner. I had one, but when my difficulties arose, he had a young son, and he couldn't make a living so we lost him. So all we want to do is to try to restructure this Page 9 16G March 17, 1997 thing. Danny here has had a lot of experience in business. He's going to assist me to make sure we understand everything as it stands today. It certainly has changed since '85 or whatever. And that -- that's really it. I mean, I don't know of anything else I can add. CHAIRMAN HAYES: Do you remember what your license was revoked for? MR. MULLIGAN: Well, at the time there was the question on this employee and independent contractor relationship and I think that -- like I said, at this point any independent contractors -- I meal,, you know, based on what I've b~en able to find out over at the license bureau, I mean, I have to get proof that they are an independent contractor, that they have all the qualifications, and that's what I've done. I -- I -- CHAIRMAN HAYES: You were actually -- You were actually operating illegally, if I remen~er correctly, and have been all along. And because of a complaint, it was brought to the attention of this board. And after reviewing that case, we revoked it on the fact that not only was there a complaint, but you were actually operating outside the law. MR. MULLIGAN: How -- how -- How would that -- CHAIRMAN HAYES: You were paying non-licensed contractors to do work for you as an independent contractoz. That's against Collier County stat -- ordinances. Anyone knowingly paying an independent subcontractor unlicensed is in violation of Collier County ordinances. MR. MULLIGAN: Well, of course, right now we have a suit going on on that, so I can't comment a lot except that our contention always was that the independent contractor -- and the thing I'm trying t~ shOw here is that -- I mean, I don't claim to be perfect, for God's sake, but I'm an honest man, as my attorney who was here at that time told you. I mean, I tell you the truth as well as I can. All I want to do is to make a living, and we want to do it the right way, but we've been around a lot, and like a lot of people, I guess it -- things change, and we have to, you know, make sure we understand these changes, and that's what we're here for now. Under -- Under this guideline you see here of Adv-Tech, is there any problem with that, I mean, as far as -- MR. N-EALE: If -- If I might bring to the board's attention, I have the -- the minutes from the December 18 meeting here in front of me to refresh. Mr. Dickson particularly made the comment -- it's on page 46 of the minutes of that meeting -- that he did not consider a suspension or retesting because he feels that it's obvious that Mr. Mulligan needs to start completely over and then · further discussions with an amended second to his motion that says that -- that certainly indicates that it was the board's pleasure at that time to require full retesting under the Block examinations and go through a complete reapplication by Mr. Mulligan in order to be able to even be considered for reinstatement. At least that's -- I'm just reading from the -- from the record here. MR. DICKSON: There were two other issues involved, Mr. Mulligan. One was the fact that you did falsify an exemption with the Page 10 March 17, 1997 State of Florida for your -- MR. MULLIGAN: What's that, sir? MR. DICKSON: -- for your workers' compensation insurance that you did not have employees when, in fact, you did. The other problem we have is now we have a situation where an employee of yours who was not covered by any form of insurance that you had because you had exempt yourself now has a major lawsuit against a homeowner of Collier County, and I don't see how that has been rectified. As far as the stuff you're presenting me with Adv-Tech Pressure Cleaning, I don't -- there's no current license here. The license -- The copies you've given us expired September 30, 1996. So if he has a current license that hasn't been given to us -- Please come forward and state your name, and you need to be sworn in. MR. PRUE: My name is Peter Prue, and I'm a co-owner of Adv-Tech Pressure Cleaning and if you've got a -- CHAIRMAN HAYES: Just a minute, sir. We need to swear you in. MR. PRUE: Okay. THEREUPON, PETER PRUE, a witness, having been first duly sworn, upon his oath, testified as follows: MR. PRUE: I'm -- I -- My name is Peter Prue, P-r-u-e, co-owner of Adv-Tech Pressure Cleaning. We are fully licensed in Collier and Lee County. If you've got a -- MR. DICKSON: Second page. '-MR. PRUE: If you -- MR. DICKSON: Second -- second page. MR. PRUE: If you've got a copy of a license that's expired, I just took the wrong copy. MR. DICKSON: I've got an occ -- I've got an occupational license that is not current, and I also have a certificate card below that, Collier County, City of Naples which expired September 30, 1996. MR. PRUE: Okay. They -- They are both renewed. I -- I don't have copies of that with me. I've got the same copies that you have. But I can assure you they are both current. MR. BARTOE: Mr. Dickson, what type -- what type of occupational license? MR. PRUE: It's a -- MR. BARTOE: Is it pressure cleaning or is -- MR. DICKSON: Rough coating, cleaning, painting contractor. MR. BARTOE: Thank you. CHAIRMAN HAYES: There is an additional license at the back of it for Mulligan's, occupational license, Mulligan's Pressure Cleaning. It was issued on 12-19-96. MR. DICKSON: Yeah. That was Mulligan though. MR. PRUE: Yeah. That doesn't -- Page 11 16G March 17, 1997 11 CHAIRMAN HAYES: Okay. MR. DICKSON: The one on the second page is this guy that he's wanting to bring in with him, Adv-Tech. CHAIRMAN HAYES: Okay. For the record I need to get an approval to submit this packet handed to us by Mr. Mulligan into evidence. MR. DICKSON: Mr. Chairman, I so move that we admit this information -- this packet given to us as evidence. MR. NEALE: I'll mark it as A. CHAIRMAN HAYES: I have a motion. I need a second. MR. JOSLIN: Second. CHAIRMAN HAYES: All in favor? Opposed? (No response) CHAIRMAN HAYES: Very well. (Defendant's Exhibit A was admitted into evidence.) CHAIRMAN HAYES: I don't quite understand exactly what we're trying to do. Mr. Mulligan's license has been revoked, and we're asking on one hand with the letter that we reinstate that license. This individual -- how -- How are you trying to play? MR. PRUE: I -- I am fully licensed. Apparently the copy that you have of my li -- I've had my license for three years, and we've renewed every year. So apparently you've got last year's copy of my license, but I am fully licensed, and I can bring you a copy of our current license. What I -- I guess what -- He's trying to get his license back. He's done an awful lot of work down on Marco Island, and he's got tremendous leads and that type of thing, and I'm fully licensed and would like to do some of this work for him, you know, whether it be under my name or whether it be under his name or whatever. I don't want to do anything wrong. I'm fully licensed, fully insured, took the tests and all that. But at the same time, you know, I don't want to give up any work because he's having problems and I don't -- I want to know what, you know -- CHAIRMAN HAYES: Have you worked for him in the past? MR. PRUE: I have, yes, sir. CHAIRMAN HAYES: Do you generally -- MR. PRUE: I -- I -- let -- See, that's kind of a -- an iffy question. I have my own license. You know, he calls me up and says, "I've got a job. Are you interested in doing it?' You know, so I've gone with my license, my insurance, you know, the whole 9 yards and done the -- the work, but he gives me the leads. CHAIRMAN HAYES: So -- MR. PRUE: And so I'm -- I'm not working for him. CHAIRMAN HAYES: Are you in direct privy with the owners? Do you do the contract with the owners? Do you collect -- MR. PRUE: I -- I go down and meet them and -- and talk to them, and -- and they write me the check, yes, sir. CHAIRMAN HAYES: Does he issue you a referral fee? MR. PRUE: I -- I give -- I give him a referral fee. CHAIRMAN HAYES: Then what would you need with a Page 12 16G March 17, 1997 license, Mr. Mulligan? MR. MULLIGAN: I take the place -- CHAIRMAN HAYES: Yes, sir. MR. MULLIGAN: Okay. Well, I have, you know, say, a consultant license which you see and the -- You see, the only time that the problem is that -- I guess I'm -- It's an overkill, but so many of these people, no matter what I tell them, when it comes time, you know, they -- they still feel they're doing business with me, and technically, I mean, I still have the responsibility. I mean, I can tell them anything, and of course, Peter's a fine fellow, and he does a good job, but sometimes they still want to just give me the check because that's just what they've always done and -- and that's basically it. I mean, it -- there -- No matter what I tell them, they still think they're doing business with Joe Mulligan and Wow, you know, and I can understand that. I mean, people get used to something. We're just -- Like I say, Peter's a working man; I am, and Danny's started. I mean, we're just trying to have our company the way it started and conform to whatsever necessary. The other thing, like I said, it's a legal matter, and we'll see what happens. Right now we'd just like to go back to ground zero where I can go to my customers and they can give me their job. I called Peter. He's still going to do the work. I'm not going to be doing the roofs, but then they pay us, and then I pay him like we used to. MR. GRESSANI: I'd like to ask you a question. MR. MULLIGAN: Yes, sir. MR. GRESSANI: On your letterhead here that you have date~'February 27 to Mr. Bartoe, you show that you are a licensed contractor, and your license was revoked. When you talk to people about doing work, are you giving them a written quote -- are you giving them a written quote to do the job? MR. MULLIGAN: No. I don't -- I don't give them any -- what I -- What I have right now is this contract license here as a consultant, and I tell them -- say, 'Look, you know, I'm not going to do the job, but I have my man here that we highly recommend. He'll, you know, do the work, and you'll enter the contract with him because it's his insurance and he's the one responsible." They don't -- They don't make any contracts with me. MR. GRESSANI: Do you have a business card? MR. MULLIGAN: I have a business card, yes, sir. MR. GRESSANI: Do you present this business card to the people that you're talking to? MR. MULLIGAN: Yes. And -- and -- you know, which -- it's a representative when I was salesman for anybody. MR. GRESSANI: May I see your business card? MR. MULLIGA/~: Let me see if I can -- I don't know if I've got one on me, sir. It's -- It says, "Licensed and insured, Mulligan Pressure Cleaning, Wow." They're old cards, actually. MR. GRESSANI: But you presently are not licensed. MR. MULLIGAN: I am licensed as a consultant. Page 13 MR. GRESSANI: You are licensed as a consultant with the State of Florida? MR. MULLIGAN: Yes, sir. It's there in that packet, and I also have an occupational license. The only thing I've been advised I can't do is I can't contract, you know, for roofs. So I'm basically a representative, Mr. Gressani, that -- a salesman, you might say. MR. GRESSANI: Well, I would still like to see the business card that you're using to promote yourself as a consultant. I'd like to see what that license number is on your business card. MR. MULLIGAN: Oh, well, it's probably the same old one that I -- if they're old cards, you know, because I'm kind of in -- in a limbo stage right now, and I haven't had any cards printed, frankly, u~deJ consultant yet. MR. GRESSANI: The license that you have on this letterhead, is that a state license, or is that a county license? MR. MULLIGAN: That's the -- the license that -- that I had that I want reinstated, the -- the one on the competency. MR. GRESSANI: My question, again, is this -- is this license number a state license or a county license? Mr. Bartoe, do you know? MR. BARTOE: The one on -- on the letter dated February is -- is our county competency number. MR. MULLIGAN: It's a county number. MR. GRESSANI: Well, then you're representing yourself as a licensed contractor, and you're not a licensed contractor. MR. MULLIGAN: Well, I haven't represented myself to the people. I mean, I tell them that I'm setting the jobs up and I will have my cards -- In other words, depending on this meeting here, I j~s~ Would stamp with consultant. I've got 3,000 cards that I'm not going to use the license at all. I definitely do not represent myself as a licensed contractor to the people, sir. I'm very, very clear on that. When I introduce Peter, I said, "This is the man with the license. This is the man that's going to do the work. I'm merely setting up the job,' which is -- you know, as a consultant would be. MR. DICKSON: Mr. -- Mr. Mulligan -- MR. MULLIGAN: Yes, sir. MR. DICKSON: -- the last meeting we had when your license was revoked, it was revoked with the following guidelines. The reason it was revoked, you understand, because you were in violation of ordinances and state law, and we do have a litigation that's in suit because of this. I don't see anything that you have done yet that would change the position of this board because the position of this board was that you go take reexamination by Block testing and that you get the proper insurance which includes workn%an's compensation insurance before you go back into business. At such time as you complete those two items, then I think the board would be willing to listen to a reinstatement hearing. At the present time, neither one of those things have happened. You haven't even called Block, have you, to see when their next testing is or have you? MR. MULLIGAN: No, I haven't called Block, but the thing I'm confused on -- is there any reason why the man can't do these Page 14 1' March 17, 1997 roofs as -- as he's an independent contractor? MR. NEALE: Gentlemen, I -- MR. DICKSON: He can -- He can under his name -- MR. MULLIGAN: Yeah. Well, that's -- MR. DICKSON: -- if he is current and has current insurance but not with your pressure-cleaning company as a go-between and selling the job. MR. NEALE: I -- I'd like to call to the board's attention Section 22-201, subsection 22 of our county ordinance which states as -- That's the section referred to as "Misconduct.' And Section 22 says that one of the areas of misconduct is falsifying or misrepresenting any material fact to another person with the intent or for the purpose of engaging in the contracting business, providing materials or services, or soliciting business for an employer as a contractor or as an employee regardless of any financial consideration. And I think, Mr. Gressani, that's what you were looking to. MR. GRESSANI: That's where I'm coming from. CHAIRMAN HAYES: As it stands, Mr. Mulligan, I -- I, for one, am satisfied that I see no evidence to reverse our findings as our last time. I -- I think we made our intentions clear. As far as this board's concerned, your license has formally been revoked. If you wish to pursue a new license through examinations, etc., that's up to you at this point, but personally I haven't heard a thing this morning that should change this board's position. Am I speaking for anyone else on the board? MR. GRESSANI: Yes. MR. GONZALEZ: Yes. - CHAIRMAN HAYES: What I -- I -- I suggest perhaps is that we need to move along. We've given a little bit more time to this than -- than necessary, I believe, already. We've tried very hard to listen to what you've had to say and -- and given our time to understand and perhaps that you have made some changes in your way of doing business. I, for one, don't -- don't see any changes. MR. BARTOE: Mr. Hayes, staff would request a motion and a vote on what you just stated. CHAIRMAN HAYES: That's correct. MR. GRESSANI: I see Mr. Prue waving his hand here. Do you wish to have -- MR. NEALE: What -- what I would also say -- MR. GRESSANI: -- have something to say? MR. NEALE: If -- If I might, just before Mr. Prue speaks, I would suggest to the board that in -- in the motion, for the assistance of staff, that it be very clear as to exactly what Mr. Mulligan has to do and what he's not permitted to do during the period of time that he's seeking to get his license reinstated so this kind of confusion may not arise again. CHAIRMAN HAYES: Yes. Mr. Prue. MR. PRUE: Yeah. I just wanted to kind of echo the same thing that he's saying, is I -- I'm -- I'm trying to -- I'm not -- I'm Page 15 March 17, 1997 trying to put myself in a good position here, and I don't want any problems, but I am fully licensed and insured and everything, and I want to be kind of perfectly clear here as to what I can do and can't do in association with Mr. Mulligan. He's -- I've known him for a long time, and he's a good man, and he does a lot of business or gets a lot of business for me, and I want to make sure if he calls me up and says, "Can you do this job," or whatever -- I want to know whether I comply because this is kind of a gray area here as to -- CHAIRMAN HAYES: Then let me clear it up for you. You do a pressure-cleaning job for an individual in a subdivision, and you leave, and that individual recommends you to his next-door neighbor. And that next-door neighbor calls you, and you do the job for him. If you wish to give your original customer a finder's fee, that's up to you, but that's exactly all it is. That job will be for you and the new customer, and the check and invoice will be made out between you two. It will not be made out -- The invoice will not be made out from the first customer nor will the payment be from the second customer to the first customer. Have I made that clear? Do you understand? MR. PRUE: Well, my question kind of is more along the lines if a customer calls me on the phone and says, 'You were referred to by Joe Mulligan.' CHAIRMAN HAYES: Okay. I'm -- I'm calling Joe Mulligan the first customer. MR. PRUE: Oh, okay. CHAIRMAN HAYES: Okay? MR. PRUE: Okay. Now I understand what you're saying. CHAIRMAN HAYES: Okay. MR. PRUE: So you don't have a problem with me paying him~°finder,s fee or a -- CHAIRMAN HAYES: I don't think there's anything in our ordinance to prevent that. I do have a problem if the check is made out to him -- MR. PRUE: Okay. CHAIRMAN HAYES: -- from the owner. MR. NEALE: Well, the -- the only situation is -- what I brought up before, is if Mr. Mulligan is representing himself as being a licensed contractor and having a pressure-cleaning business and having Adv-Tech come in and -- and do the work. Then it -- it appears that it's a prima facie violation of our ordinance. CHAIRMAN HAYES: That's correct. Yeah. He cannot -- He cannot present himself as a licensed individual. As -- As we brought up on the board earlier, his letterhead that's currently dated February 27, 1997, with his revoked license number on it is a violation of Collier County ordinance. This is against the law. MR. BARTOE: If I may, Mr. Chairman, the county does have an occupational license for pressure cleaning, and it says no contracting areas. That does not a.llow you on a roof. You only need the competency card to get on the roof. MR. GRESSANI: I would like to make a motion that Mr. Mulligan's reinstatement be denied, that he refer back to the prior Page 16 March 17, 1997 meeting, and that he take the Block exams required, and go through the process of reinstating his license if he wishes to present himself as a consultant selling pressure-cleaning work and receiving a fee for that sales work. I don't think it's proper. CHAIRMAN HAYES: If I -- If I will go one step further as well, bear in mind and understand this, that if you continue to do roof pressure cleaning under your name and your business and our licensing people catch you, it stops now being this board, and it goes into criminal. MR. MULLIGAN: I understand. Well, that's exactly -- May I speak? CHAIRMAN HAYES: Yes, sir. MR. MULLIGAN: That -- That's the reason why we're here, Mr. Hayes. I mean, good God, we're not looking to start a war. I mean, we're, you know, just businessmen like all you guys. And I guess originally I thought that this whole thing was a deal where you -- you -- you talk things over, you figure out the way to go, and ~you go on from there, you know. But it just seems like everything I do is -- you know, law, law, law, against it, and I'm not trying to conflict. Now, I want to understand. I -- I -- In other words, like the gentleman -- Mr. Brisso [sic] said, I can take care of anything up to the roof is what I've been told. So, I mean, there's no point -- problem with me being Mulligan Pressure Cleaning as long as I'm doing driveways and things like that. CHAIRMAN HAYES: That's correct. MR. MULLIGAN: Okay. .Now -- CHAIRMAN HAYES: You just can't leave the ground. '~ P~R. MULLIGAN: Okay. But I mean -- so my cards are -- I don't know where that's an issue. You're se -- You're saying is that under the present thing any literature or anything we've got that shows that license number we should block that out. CHAIRMAN HAYES: That is the license that we revoked; is that not correct? MR. BARTOE: Yes, sir. MR. MULLIGAN: So, I mean, you know, that's a technicality we just haven't done, but I mean, good Lord, it's no big deal. CHAIRMAN HAYES: Well, it is a big deal for us. MR. MULLIGAN: Well, it's a big deal, but I mean, it's not -- I will see that that's corrected immediately. It's just an oversight that we've had these things and -- I mean, nothing intended as far as gaining any advantage by doing it. My -- My thing is clear. People know me, and they trust me, and they want to do business with us. I don't see any reason to keep the people from being able to do that. All I've tried to do, because I have a competent man, is, okay, let him do the contracting for the roofs. And anything other than that, I mean, I can still do. That's where we are; right? CHAIRMAN HAYES: That's correct. MR. JOSLIN: Is there a particular reason why you don't Page 17 March 17, 1997 want to take the test? MR. MULLIGAN: I took the test three times and -- MR. JOSLIN: And? MR. MULLIGAN: Well, I -- I -- I say it's -- it's no problem. It's just that, you know, it's a lot of work, and my brain's not what it used to be. MR. JOSLIN: Well -- MR. MULLIGAN: I better have my young son take it, unfortunately. MR. JOSLIN: Take -- UNIDENTIFIED VOICE: Well, that's a possibility -- CHAIRMAN HAYES: One at a time, please. MR. MULLIGAN: There -- There's other things too, I guess, that as far as somebody else could qualify. According to what they tell me, you know, what we're -- Mr. Brisso's [sic] department, doesn't necessarily have to be me to take the test. One of the biggest things that Dan's here for, because he's very astute, this and that, is that we're going to go over everything and -- to make sure that -- from this day that there's nothing that we don't know, and that's what Peter's trying to find out too, to make sure that we are doing things properly because he can't afford, you know, to be out of work and I -- certainly it's a big handicap for me too with social security, and this here was it. Okay. Well., what -- MR. DICKSON: That -- and that's another option that you have, is someone else qualifying your company as long as they have a hand in the daily operation and the finances, but I'll tell you what we're watching like a hawk is insurance, and you're not going to get aQa~ ~ith all of these exemptions. Right -- MR. MULLIGAN: I understand that. MR. DICKSON: Right now in this county I am aware of four major lawsuits on homeowners from pressure cleaners falling off of roofs and not insured. Yours is one of them and -- I mean, we're talking major dollars. And there's a question that the homeowner's liability insurance will cover that. Three out of the four I'm aware they have been denied coverage because a homeowner's liability -- liability policy covers normal everyday activities. This is not a normal everyday activity. So we're talking about a serious issue here. MR. MULLIGAN: Yes, sir. MR. DICKSON: And if you come back before this board with all these personal exemptions, I personally am going to have a real problem with that. I want to see workers' compensation -- MR. MULLIGAN: Yes, sir. MR. DICKSON: -- insurance. MR. MULLIGAN: Dan -- This is interesting. That's exactly what we were talking about, that -- you know, the blacksmith shop can be the best one in town, but when the Ford comes down the street, it's all over. And we've seen guys for years, they -- you know, they're working right next to us, they don't have any kind of license, and they're still out there. Page 18 16G March 17, 1997 1 MR. DICKSON: Sure they are. MR. MULLIGAN: And we took one step we thought when we really got into it to make sure we had a competency card and that, you know, but it's true. I mean, it's -- it's coming with workman's comp, and it's -- it's fine. You just have to either get big or almost get out, I guess. CHAIRMAN HAYES: I have a motion on the floor, I believe. PfR. GRESSANI: Yes. MR. DICKSON: I second. CHAIRMAN HAYES: Do I have any further discussion on the motion? Call for the vote. Ail in favor? Opposed? (No response) HR. MULLIGAN: Thank you, gentlemen. CHAIRMAN HAYES: Motion carries. We apologize for not being able to give your license back, but you're going to have to work a little bit harder at it. The -- The specific issues and points we're bringing up are for the reasons that we can't allow anyone to do business that isn't in compliance with all the rules or as many of the rules as possible. Then we can't allow one person and not allow the other individual. The point of workers' comp, the point of licensed, unlicensed activity, these are issues that we fight daily and not just Collier County but I'm sure all over the country. We are working ourselves very hard in Collier County to try to ease up as much of it as ~o~sible. It's not focused at any individual for any specific reason other than the fact that unlicensed activity has to be slowed down, and this is an attempt at doing that. MR. MULLIGAN: Thank you, Mr. Hayes. I understand. CHAIRMAN HAYES: Thank you, sir. John P. Arnold III. MR. ARNOLD: How you doing? CHAIRMAN HAYES: Would you step up to the podium, sir. State your name. MR. ARNOLD: My name is John P. Arnold III. CHAIRMAN HAYES: And I would like to have you sworn in. THEREUPON, JOH~ P. ARNOLD III, a witness, having been first duly sworn, upon his oath, testified as follows: CHAIRMAN HAYES: Can you explain the reason we should consider your grandfathering? MR. ARNOLD: I'd like to hand you out these pamphlets, or Tom. (tendering document) CHAIRMAN HAYES: I need a motion to place these pamphlets into evidence. MR. GRESSANI: I'll so move. MR. DICKSON: Second. Dickson. Page 19 16G March 17, 1997 CHAIRMAN HAYES: Ail in favor? Opposed? (No response) (Defendant's Exhibit A was admitted into evidence.) MR. DICKSON: John, tell us what we're looking at here. MR. ARNOLD: Well, you're looking at -- Well, I am the original owner of The Works Tree Service back in 1989 where I had applied for my fictitious name and doing business as, and the license was issued to me. My signature was on the license, but unfortunately occupational licensing doesn't have the original copies of the actual application for the license. In 1991 I had a partnership with a person, my father, a man whom I've trusted all my life. Well, he has the same name I do and -- that being a big problem. I didn't -- MR. DICKSON: Is he a Junior or III? MR. ARNOLD: He's Junior. I'm III. MR. DICKSON: All right. MR. ARNOLD: Me being III, I'm the president of the corporation, sole owner up until 1991. And in 1991 or 1992 my father went in and renewed my license under his name, Junior. He signed false -- falsively as president or vice president, which he never was. Now, I've been doing all the business for the business, all the work. He's never stepped foot on the job site. He doesn't even know what it is to step foot on the job site. Every time it came to anything being signed, any paperwork, he'd come to the fob site. He never wanted me to leave the job site because if I left the job site, nothing got done. Now, I signed many documents that he'd bring to me, and I had trusted him to bring them to the proper places and -- li~y license. Now, the partnership has ended this past Noveanber. I've been going through trying to get my license back into my name to start a new business. Actually, the same business, tree service, and I'm not allowed to do tree work in Collier County until I have this license. MR. DICKSON: Let me clear up a couple items. First of all, you're calling it a partnership. It's not a partnership. It's corporation. MR. ARNOLD: Right. MR. DICKSON: Secondly, your father is involved because he owns half of those shares -- MR. AP~NOLD: I -- MR. DICKSON: -- 1,000 issued. You each have 500; correct? MR. ARNOLD: Yes. MR. DICKSON: Okay. And your father was a corporate officer. He's a secretary/treasurer. MR. ARNOLD: Right. MR. DICKSON: Okay. It kind of changes things a little bit. We're not talking a partnership. MR. A/~NOLD: Okay. MR. DICKSON: And where do I see that John P~ Arnold III Page 20 March 17, 1997 was the license holder? MR. ARNOLD: On the fictitious name. MR. DICKSON: On the fictitious name which is the publication. MR. ARNOLD: Yeah. MR. DICKSON: Is there a license that says John p. -- MR. ARNOLD: No, there's no license there. That's the right to apply for a license. MR. DICKSON: Okay. MR. ARNOLD: You use that document to apply for your license; otherwise, you can't acquire it. MR. DICKSON: Okay. And I'm not trying to be hard on you, but I have -- MR. ARNOLD: I understand. MR. DICKSON: -- to set the record straight. Okay. MR. BARTOE: Mr. Dickson, the registration of the fictitious name in 1989 was under John P. Arnold III. MR. DICKSON: III, yes. MR. BARTOE: And when the occupational license was issued in '89, that department just issued it to John P. Arnold which could have been either Mr. Arnold here or his father. Then in '94 when we created the tree-trimming license and had a window there where you could get grandfathered, the father come in and got the grandfathered license. I believe he has also taken the test since then, and John P. III feels that he shDuld have been entitled to get that license, and staff has no objections to that. Staff has known -- known him to work in the area for years without any complaints on his workmanship. - ~R. DICKSON: But who has the license right now, Mr. Bartoe? MR. BARTOE: His father, John P., J~nior. MR. DICKSON: So are we going to have two -- MR. BARTOE: We're not going to have two -- MR. DICKSON: -- two operations of The Works Tree Service? MR. BARTOE: No, sir. The III can explain his company -- new company name. CHAIRMAN HAYES: All right. Let me -- Let me make sure I understand things here. What I understand is that you and your dad was working together, and your dad qualified the company, and you and your dad are no longer working together, and you are trying to qualify a new company. MR. ARNOLD: My father never was -- I was the original qualifier; okay? CHAIRMAN HAYES: The original qualifier? MR. BARTOE: Original license holder. MR. ARNOLD: Original license holder. My occupational license had been stolen by his signature. I mean, you guys couldn't find it because his name was John Arnold. MR. DICKSON: Okay. But you're trying to qualify a new company. Is that what you're saying? Page 21 March 17, 1997 MR. ARNOLD: I'm trying to qualify a new company. I mean, I -- I still have all the existing tree service equipment. Now, if I can't qualify this company, I have to sell everything I own and move on; right? CHAIRMAN HAYES: What's wrong with taking the test? MR. ARNOLD: I have no problem with taking the test. I'm signed up for the test. I've already taken it once -- MR. DICKSON: But you've had a license. MR. ARNOLD: -- and reluctantly I didn't pass. CHAIRMAN HAYES: You yourself took the test -- MR. ARNOLD: Yes, I did. CHAIRMAN HAYES: -- and didn't pass? MR. ARNOLD: I just took it a month ago. I've been going through a lot of B.S. With my father, attorneys. I can't keep my ~ind on anything right now. MR. DICKSON: But -- But he had a license because he was grandfathered. MR. ARNOLD: I wasn't -- I wasn't actually grandfathered myself because my license had somebody else's signature on it that was basically my signature stolen with Junior or III. CHAIRMAN HAYES: I'm -- All right. MR. DICKSON: Now I'm confused. CHAIRMAN HAYES: Yeah. I'm -- you've -- We've managed -- MR. ARNOLD: Sorry. CHAIRMAN HAYES: -- to get totally confused. MR. ARNOLD: Okay. CHAIRMAN HAYES: Day 1 -- Let's start out at Day 1. Y6u£ 'father goes down and applies for an occupational license. MR. ARNOLD: No, he didn't apply. MR. BARTOE: No. CHAIRMAN HAYES: That's what I'm listening for. Who did? MR. ARNOLD: He didn't apply. I -- I applied. CHAIRMAN HAYES: Day 17 MR. ARNOLD: Day 1 I applied. CHAIRMAN HAYES: And you received an occupational license? MR. ARNOLD: I did. CHAIRMAN HAYES: Then what is the grandfathering, Mr. Bartoe? MR. BARTOE: He received the occupational license 1989. Then in '94 we -- we created this category of tree trimming, and anyone who had an occupational license was mailed notice that you now -- it now requires a competency card and you have "X' amount of days to get grandfathered in, which his father sent in and received the competency card. MR. GRESSANI: As president of the corporation? MR. BARTOE: We -- I don't know as what. As John P. Arnold, and there's two of them. MR. DICKSON: Do you know both of these individuals, Mr. Page 22 Bartoe? MR. BARTOE: Do I? MR. DICKSON: Do you know both of these individuals? MR. BARTOE: Yes, sir. MR. DICKSON: Okay. Be a little more liberal. Tell us the whole story. Who runs the company? Who does the business? What's the relationship? Is the father involved? Does he know what he's doing? MR. BARTOE: I think they both know what they're doing when it comes to tree service, and John III here has a degree from a college also. MR. DICK$ON: Okay. So you know this individual? work. MR. BARTOE: Yes. I know both of them. I know their MR. DICKSON: Okay. We've never had a complaint against this man? MR. BARTOE: Neither one of them. MR. DICKSON: But what we're dealing with is a family squabble? MR. BARTOE: Yes, sir. MR. DICKSON: And they're both qualified, and they both -- in the true sense of the word, they both have a license; is that correct? MR. BARTOE: The III doesn't at this time. MR. DICKSON: But it was issued to him at one time, right, by grandfathering? MR. BARTOE: It couldhave been, and his dad's the one w~o._o~tained it. MR. DICKSON: And how long has he been in business in Collier County? 1989.MR. BARTOE: I'd say by looking at the license since MR. DICKSON: Have you ever had a complaint against him? MR. BARTOE: No, sir, neither one of them. you? MR' DICKSON: You've got a nasty family situation, don't MR. ARNOLD: Yeah. It's horrible. MR. GRESSANI: I think he should be grandfathered in. Is that a motion? MR. DICKSON: Do you own the equipment? MR. ARNOLD: Yes, I do. MR. DICKSON: How is it titled? MR. ARNOLD: It's titled to myself right now. I'm trying to get it titled to J.P.'s Yard Works, Incorporated. I have had my attorney incorporate a new business. I have acquired all the insurance that is needed for the company -- MR. DICKSON: And you're going -- MR. ARNOLD: -- and when I -- MR. DICKSON: -- to qualify that company? MR. ARNOLD: I'm going to qualify that company. I do have copies of my new incorporation if you'd like to see them. Page 23 March 17, 1997 MR. GRESSANI: I think we've heard enough evidence here, and it's been backed up by the staff. I see no reason why we should not grandfather him in. CHAIRMAN HAYES: Is that a motion? MR. GRESSANI: I'll make that a motion, yes. MR. DICKSON: Dickson. I'll second. CHAIRMAN HAYES: Any further discussion? All in favor? Opposed? (No response) CHAIRMAN HAYES: Motion carries. You'll have the license. MR. ARNOLD: Thank you, gentlemen. MR. BARTOE: And Mr. Arnold, your -- your folder will not -- Anything I have of yours will not be back in the office until probably before 3 p.m. Today. MR. ARNOLD: Okay. So I'll see you tomorrow then. Thank you, Tom. CHAIRMAN HAYES: Nothing under old business. No public hearings. No reports. Discussion? Grandfathering licenses, it does get out of hand. MR. BARTOE: Yes, it does. CHAIRMAN HAYES: It can get out of hand. MR. BARTOE: And in our proposed amendments to the ordinance, I -- I do believe we plan on getting tougher on exloired license as far as if they've been expired "X' amount of years, you're ggiqg to have to be retested. ~HAIRMAN HAYES: That's the way I felt, I think, when the individual with the December expiration came through. That was quite a short period of time. So I wasn't quite as concerned over a couple months as I would be a couple of years. MR. BARTOE: However, he does not meet the requirements. He was originally grandfathered. CHAIRMA/~ HAYES: That's true. MR. BARTOE: And if he had to -- If he could not be reinstated by the board, he'd have to take the two-hour business and law, the three-hour test of masonry, and the three-hour test on concrete form, place, and finish. CHAIRMAN HAYES: Well, the intentions of the grandfathering was not to allow an individual to skate the exam that can't pass it, and this is what I hear sometimes when they come in for this. "Well, yeah, I took it four times.' MR. JOSLIN: Right. CHAIRMAN HAYES: Okay? You know? And -- MR. JOSLIN: That tells you what's going on. CHAIRMAN HAYES: Exactly my point. That's abuse of the grandfathering intent as far as I'm concerned. MR. NEALE: Well, and part of it -- Sorry. I was out for a moment -- but as we have discussed with some of the amendments that were being discussed for the ordinance was to create a category Page 24 March 17, 1997 similar to that that's in the state licensure or -- statute which goes forward and says at a certain point your license becomes void, and at that point you have to go back and retake all the tests and start just like -- I believe they call it as if you were an initial applicant in the state statute. And that's -- I think is the kind of -- what -- What I've heard from this board is that's the direction that this board feels they should go forward and is -- you know, if -- if they haven't done that, then they have to go forward as if -- if they were brand new. as MR. GRESSANI: What time frame do they use in that? MR. NEALE: The state, I believe uses three years, two or three years. ' MR. GRESSANI: That's a long time. MR. JOSLIN: Another thing that I -- MR. NEALE: Well, actually, what they do is it's -- it's three years -- They allow your exam to stay live for three years. So if you've taken the exam within three years and your license has become void, you still get to use that old exam. But the license becomes void after the -- the, quote, unquote, "licensure cycle,- which is basically -- in our case, I think, would be at the end of December, if I remember correctly, and I'll -- I'll have to rereview that, but it's -- it's a very tight time limit even on how long that test is valid. So if the -- the example of the one person that came in several months ago who hadn't taken the test in ten years but wanted to reinstate who hadn't had their license in four years, you know, in the state's instance that would be completely invalid. MR. DICKSON: And we made him go back for testing didn't we? , ' - MR. NEALE: Mmm-hmm. CHAIRMAN HAYES: Yeah. It was invalid in our instance as well. MR. DICKSON: I -- I think if we come up with something like that, I like the -- I like the -- the freedom to do situations like we just did or a man who has a family emergency or an illness for two or three months to act on those, but I think we need a guideline, and then county can use that guideline in only the cases that have those extenuating circumstances come before this board; otherwise, we're going to end up with meetings -- 20 of these every meeting like we had 8 to 9 of them last month. CHAIRMAN HAYES: Mmm-hmm. Well, I agree, and there's no sense -- If we could put together a guideline packet like he's talking about that staff could use to evaluate each one of these, you could make some of those decisions right then. Would that be something we could do without skirting our duty? MR. NEALE: Well, the board does have the power to set up procedures -- written procedures of its own to implement the ordinance. I think Ramiro would agree that the board could create those kind of policies. Certainly also the board under Section 22-191, which is the renewal section -- any individual failing to renew a certificate of competency prior to December 31 shall be required to make Page 25 March 17, 1997 16G reapplication pursuant to this division. The board has taken a liberal approach to that in the past but does have the option of taking a harder-line approach in that "reapplication" means you have to qualify under the -- under the full terms of the ordinance, i.e., the exam and everything else. MR. DICKSON: You're reading a Collier County ordinance there? MR. NEALE: Collier County ordinance at this point. MR. MANALICH: Mr. Chairman, for the record, Ramiro Manalich, the county attorney. What I would suggest is that perhaps my office and Mr. Neale -- probably Mr. Palmer -- I'm filling in for him today -- could work on that issue. And, you know, we may want to look at the state, see what they've done, not that they always do it right, at least see if they've done it right or if they've done it wrong, and we can learn from that. And then we can work on where the -- the distinctions lie between what this board can set as matter of policy versus what would have to go through an ordinance amendment process, and we can report back to you on that. CHAIRMAN HAYES: That would be satisfactory. MR. DICKSON: I like that idea. CHAIRMAN HAYES: We would eliminate a lot of grief with that. MR. NEALE: In order to assist us in -- in drafting, I want to make sure that I have the sense of the board correct in that what you want us to come up with is -- is some sort of a procedure that allows you to -- that allows the staff to make some -- have some latitude and decision-making as far as whether a reapplication needs to come to this board and that -- My sense is that you want to make sdrW Chat these kind of grandfathering issues and so forth are true grandfathering issues and not someone attempting to avoid complying with this -- with the ordinance as it currently exists. CHAIRMAN HAYES: Exactly. And I think that prima facie evidence shows that when these people are sitting here saying, "Yeah. We tried to take the exam three times.' That's not what we're trying to do. MR. BARTOE: We're going to have the problem every January and February when people come in to renew and, you know, December 31 passed and you were originally grandfathered and now you need a test. CHAIRMAN HAYES: Well, as far as I'm concerned, it was -- it's similar to what we experienced today with Mr. Mulligan. Our time was wasted. Your time has been wasted on the issue. If you had something cut and dried immediately right in front of me, yes, no, no, yes, no, end of story, then we're done, all of us, and we can avoid spending time on issues we don't need to spend it on and concentrate on those things we need to. I totally agree. MR. DICKSON: And the thing -- The thing I might add to counsel on that is also we need to have some kind of procedure in there that -- extenuating circumstances and also the fact that maybe this will be looked at one time or a limitation on extenuating circumstances because most of the contractors that are out here -- a Page 26 March 17, 1997 16G lot of them -- I won't say most of them, but a lot of them are not good businessmen. They're just good hard-working people that don't read their mail or things of this nature, and I don't want to put them out of business, but also every February meeting I don't want to have the same guy standing up here wants us to renew his license again CHAIRMAN HAYES: Starting again. ' MR. DICKSON: There comes a time of accountability. CHAIRMAN HAYES: I believe -- any __ Any other board member feel that they need to explain what we're looking for any better to -- MR. GRESSANI: I don't believe so. MR. NEALE: Ramiro, I'll give Tom a call later in the week and we'll try and get together before the next board meeting. MR. MANALICH: Okay. MR. DICKSON: Paul's got a question. CHAIRMAN HAYES: Yes, sir, Paul. .MR. BALZANO: The big problem is -- is Judy and Maggie, they tell the applicant or the contractor, "Your license is gone.' Well, they don't like that answer. They hang around and they ask one of us. They don't like our answer. Then they say they want to come to you. I mean, we don't bring them here. They're saying they want to come. We've already told them twice it isn't any good. MR. BARTOE: We have to -- We have to follow the ordinance and says it's -- it's expired, it's expired. CHAIRMAN HAYES: Well, that's what I'm saying, but if you've got a written procedure and whatever item -- line item applies to this individual, you highlight it in yellow real nice and pretty for them and hand it to them and say, "That's the bottom line.' They obvi%~'isly cannot be denied the right or privilege to come up before this board if they so insist; isn't that correct? But all we're going to do at that point is take direction per line 13 of our written procedure. We are not going to listen to a whole lot of what you've got to say. Okay. That makes sense. So we're going to get that put together, and we've -- we've got something we can go back on there. Any other discussion on the grandfathering? MR. SCHULTZ: Mr. Chairman, we require -- Sometimes we do it, and sometimes we don't, but by ordinance we're allowed to get a $50 filing fee from applicants -- or not from an applicant, but from a complainant who makes a complaint against ~ ~ontracto~. Perhaps maybe if we was to institute by ordinance while e re reworking this, say, a $25 fee once -- once it's been told to them -- like you say, it's been highlighted, and if they still want to pursue it and come before the board, then they should have to file a fee. CHAIRMAN HAYES: That's not a bad idea. I don't know that by ordinance we're allowed to do that, but I think that that would probably be somewhat of a deterrent. MR. NEALE: One -- CHAIRMAN HAYES: Yes? MR. NEALE: One additional issue -- I just noticed it in relooking at the ordinance -- that the board may want to consider as they review ordinance amendments is under the standards for issuance Page 27 March 17, 1997 and denial which is Section 22-184, subparagraph B. It says, 'If it does not appear on the face of the application that the applicant has complied with the requirements of this article so as to be eligible for a certificate of competency, then the contractor licensing supervisor shall refer the application to the Contractors, Licensing Board for a decision.. And what that does is require staff that if there,s an application that appears to have a hole in it, be it the test wasn't taken, be it's grandfathered, be it an expire -- application for an expired license, they don't have any choice under the ordinance. Anything like that has to come to this board if it's denied, and I don'c know whether that's the -- the sense of this bOard, that they want every single denied application t° come here, because it's supposed to. CHAIRMAN HAYES: I don't feel it is -- is -- it's the desire of this board, of course, but are we looking at a need perhaps to review that and amend it? MR. NEALE: I -- Well, as part of our overall amendment cycle, it's something that the bOard may want to hold a hearing on or -- or discuss in -- in a workshop. CHAIRMAN HAYES: I think because it has been denied -- actually, when staff __ I don't understand what was thought when that was originally written because I would suggest that if the bOard puts together and approves and requires a procedure and insists that staff follow the procedure and a denial is resulting from that, why should it have to come back? MR. NEALE: Well, the -- I -- I'm sure it was part to provide people due process on the apPlication procedure but a su~3g~stion -- and Ramiro may want to think about this too -- is as opposed to saying "it shall be referred, making it mandatory that the staff take action, is that "it may be referred upon petition of the applicant, so that -- and -- and with the appropriate filing fee paid and so forth as Mr. Schultz suggests so that it's not just the staff has to do all the work as that the applicant has to forth a petition and go forward with that petition that, Ramiro. . I don't know how you feel about MR. MANALICH: I think that would be a good suggestion. It may be an improvement. I think the original intent 'was that you have certain difficult cases that kind of fall in the gray area of the guidelines and to allow this bOard to pass on those, but I think the language he suggested may alleviate the mandatory nature of that. CHAIRMAN HAYES: Just changing the one word from 'shall. to 'may.- MR. MANALICH: Right. MR. NEALE: Well, and providing a -- a petitioning or an app -_ a procedure whereby the applicant can petition the bo fee for that petition so that o ard staff time bein~ ~ ....... ' y u know, there's .... ~ pay a ~ ~vo~v~u an~ that the,- ~ .... ~m~ compensation for on their own behalf to come up with a -- with a case file that this z ~=ve go take positive action board can review as opposed to just coming up as we so often see and having them stand there and say, "Well, I'm really a good guy, and Page 28 March 17, 1997 I've been doing this for ten years, so you should let me practice- -- is it should be something where they have to come up with some kind of a formal application that this board can properly review. CHAIRMAN HAYES: That makes sense. Okay. MR. BARTOE: Also, Mr. Neale, may __ it may be in the works. I don't have my copy with me as a proposed amendment, but where it says "supervisor,- I believe it -- MR. NEALE: "Or designee.- MR. BARTOE: Yeah. "Or designee, should be added. CHAIRMAN HAYES: Anything else on the grandfathering? As a matter of housecl -_ keeping, I want to bring up the question ~_ I have not forgotten to swear in these individuals.I just don't know when they should be sworn in and when they're not. Should we make it a requirement that anyone that comes to testify on anything be sworn in, and I'll make it a point of procedure every single time? MR. NEALE: Anyone who's offering testimony should be required to be sworn. CHAIR~2~N HAYES: As far as I'm concerned, then -- then that's the way it will be. I haven't just -- I haven't forgotten it. I just didn't -- wasn't sure at what point someone should have to be sworn in. But if we'll make it anyone -- anyone offering testimo on anything being heard by the board, then I 1 swear them all in. '1 ny Okay. You had one other issue, a Sears complaint. MR. DICKSON: Yeah, and I'll make this real brief because I know it's being recorded. I may have -- The board may be upset and may want to censure me or whatever, but since I've used the name of this board in some state proceedings I need to make} you aware of i~~- , Last summer I decided personally to take on Sears regarding state statutes regarding licensed contractors, and I feel like I -- some -- somewhat I feel like I'm Goliath now or David taking on Goliath. What has happened -_ and you all have heard the ads, and they do it in a lot of your trades, but they especially do it in mine -- is they advertise every product they may have, whether it be plumbing, pest control, roofing, siding, or whatever. They advertise it on radio, television, and newspaper as Sears Roofing, Sears Pest Control, all of these others, and then you hear later in their ad that all work is done by Diamond Exteriors, license numbers available upon request. Well, if you go in and search -- and I've done that, Mr. Bartoe, and some of the county records are in error -- you go in and search, they don't have any licenses issued to these companies such as Sears Roofing, Sears Siding, and so on, plus it's in direct violation that the license numbers are not listed in the advertisements, whether it be verbal or written, and they're advertising a product that is not there. I sent a letter to Consumer Complaints which is Commissioner Bob Crawford who is also His office has been working it as wellthe commissioner of agriculture as DPR has been working it. $~ there's two state agencies now involved. It took six months to get Page 29 March 17, 1997 Sears to respond. Diamond Exteriors is also out of Chicago, and it turns out to be a subsidiary of Sears. And we did finally get a response where virtually they shot me down as a competitor who was irritated by the advertising, which is not the case. So I sent this letter on March 4. This is what I want to enter. It's written to Business and Professional Regulation and also the Bureau of Consumer Complaints in Tallahassee regarding this complaint. "To whom it may concern: I have received the attached letter from the Florida Department of Agriculture and Consumer Services and the fact that they have transferred this to your office for a resolution. I've also forwarded the response from the legal representative of Diamond Exteriors as the original complaint is somewhat distorted. I have also included a copy of that letter. "To explain my interest in this matter, I am a roofing contractor, but I do not install asphalt shingles; therefore, Sears and/or Diamond Exteriors is not a threat to my business or sales. My motive is that I am a roofing industry member of the Collier County Licensing Board, and these commercials are not within the guidelines of state laws, to wit: Number one, commercials, especially radio and television, continuously use the name Sears Roofing. There is no licensed roofing contractor qualifying any such business name in roofing, and there is no state license for a Sears Roofing. Sears Roofing is not a product --- which I might enter -- include, their attorney said this was a product. 'Sears roofing is not a product any more than Dickson Roofing is a product. It is a contractor service that requires licensing in the State of Florida. This point could possibly be argued if Sears manufactured their own roofing shingles and sold them under that wrapper, but this is not the case; and, therefore, it does not apply. Advertising must be conducted using the license name of that business, and in this case that is Diamond Exteriors, Incorporated. "Number two, the commercials also state, 'License numbers available upon request.' This is in direct violation of state laws that require the specific license number or numbers to be a part of all advertising and/or commercials. "I have no interest in causing Sears or Diamond Exteriors any harm but to only see that they follow the same state laws which all licensed contractors must follow. If an exception is made in this case or for any case, then all other licensed contractors would have as their defense the same deviation or exception from state laws." And then I went on to thank Commissioner Crawford's office. "In summary, my intent is to bring this issue to the attention of the appropriate Florida officials and for Sears and Diamond Exteriors to change their advertising to conform to the same laws enforced on all contractors within the state. I sincerely hope the office of Business and Professional Regulation will continue with diligence to resolve this matter." I don't know if I was out of bounds using my position here, if it was wrong, but it's an issue I feel strongly about. Just Page 30 16G March 17, 1997 because they're big, they don't get to break the laws or the rules. MR. GRESSANI: I admire your effort -- the effort you've put into the letter, but I think that it should have been passed by us first. MR. DICKSON: Mmm-hmm. And just to explain why it wasn't, the original complaint was Les Dickson as an individual, and then I wrote the letter with that -- The attorney had come back with all sorts of defenses, that it was a product, that they were properly licensed, and that I was a disgruntled contractor. The letter was done one evening and sent out, and then I thought, 'Yes, I've used the name of the licensing board. Maybe that was in error.' CHAIRMAN HAYES: I -- I don't know that the way it was used would be considered an error. What I would suggest, though, is that if there isn't any results from it, that it be made a board issue perhaps. It sounds like you've got a legitimate position. I mean, I don't really see where you're looking for individual benefit for yourself, as -- as you said there. And I think you're absolutely right to -- as a member of this board, to feel that justice is for all. MR. GRESSANI: Well, the reason I said what I said was the fact that we sit here as a board, and if we're going to use our name associated with the board, we should discuss it with the board prior to our using it in that manner. That's a~l. MR. DICKSON: I agree with you. CHAIRMAN HAYES: That makes sense also. MR. DICKSON: Yeah. I do. I might state that after the letter was sent -- and sometimes we receive letters from the legal profession that somewhat make us angry, and we respond very quickly amd ~Wiftly, and by the time this was in the U.S. Mail post office box, I regretted using that name, and I do apologize for using the licensing board's name without having brought it before the board. CHAIRMAN HAYES: Once again, I think, though, if it -- the only -- The only thing that could have been benefitted there by that is that someone would -- it would get someone's attention that they need to look into it as a serious problem. What you may also be doing is avoiding a legal problem with -- that Sears may run into anyway. If they are -- If there was a complaint and they were brought before this board as a non-licensed contractor, it would be a whole lot more problematic to them than it would be for you to say, "Hey, you ~low, I'm a concerned citizen, that I give freely of my own personal time to sit on a board that reviews and works with this type of situation daily, and I feel it should be brought to your attention where you stand per the ordinances." I -- From that perspective, I don't really see that he's done anything but perhaps serviced the community. MR. DICKSON: Okay. MR. JOSLIN: Put them on notice that he's on the board really. That's -- CHAIRMAN HAYES: That someone on the board is aware of what's going on -- MR. JOSLIN: What's going on. Page 31 168 March 17, 1997 CHAIRMAN HAYES: -- basically, is what I see happen. MR. JOSLIN: Because he's a roofer, it doesn't really say that it's right or wrong or he did anything wrong as far as I -- CHAIRMAN HAYES: Well, as far as I'm concerned, when the words "Home Depot" or 'Sears' or one of these enters the picture, they can do no wTong. MR. JOSLIN: That's -- MR. SCHULTZ: Mr. Chair -- CHAIRMAN HAYES: Yeah? MR. SCHULTZ: -- could I ask Mr. Dickson a question? MR. DICKSON: Yes, sir. MR. SCHULTZ: Are these contractors that -- that are affiliated with Sears -- are these supposed state certified contractors? MR. DICKSON: Yes, sir. They sent me copies of their licenses, but all of the state licenses -- and they were state certified -- are all Diamond Exteriors, Incorporated, and it is a license holder who is usually a Florida resident; however, they seem to change license holders each -- every two or three years, and Diamond Exteriors is located in Chicago. MR. SCHULTZ: How about we do this, Mr. Chairman? Let's separate the -- the B.S. From the buckwheat and let -- let me file an action with the DPR on them. MR. DICKSON: Well, basically that's been done. MR. SCHULTZ: It has been? MR. DICKSON: Yeah. This thing has gotten quite involved because apparently there's -- as Mr. Bartoe can tell you, we looked at county records, and there's all sorts of licenses but not in the ~a~nes of some of the ones we were using. So they've pretty well taken it statewide and looked at different counties and different state issues, and I think what will happen is that we will see the advertising laws that are enforced within the State of Florida being enforced because it is becoming an issue with other large home improvement companies or suppliers in this state that are advertising all of these products which represent all of our contractors and improperly advertising them. So it -- it -- it hit a sore spot within the state. MR. SCHOENFUSS: I see trucks running around all over the city. They're nice clean, white, brand new trucks with every conceivable kind of service you can think of, and they all say 'Sears-Authorized,- but there's no name of any company on it. It doesn't say whom Sears authorized to do this. And 'Sears-Authorized- to me is not a -- is not a contractor. MR. DICKSON: And there's also trucks all over town without license numbers on them -- MR. SCHOENFUSS: Yeah. law. MR. DICKSON: -- which is in direct violation of state MR. BALZANO: Give us some more men. MR. DICKSON: Huh? MR. BALZANO: Give us some more men. 1 ! Page 32 March 17, 1997 UNIDENTIFIED VOICE: We'll start whacking 'em. MR. DICKSON: Yeah. MR. BALZANO: I have one thing I'd like to bring up which I think is a major problem, and that is the word"license." All these people advertise in the newspaper, on their business cards 'licensed and insured," and they are. They have an occupational license. And we tell people check to make sure they're licensed, and the guy takes out an occupational license, Collier County, Guy Carlton. He's licensed. We don't not -- We do not use the word 'competency card." They walk into development services, and it says, "contractor licensing," but we don't issue a license. So we confuse people. Maybe Guy Carlton should say "occupational tax' because it's not a license. CHAIRMAN HAYES: Or "an occupational permit." MR. BALZANO: People -- I -- I'm working on one right now where the woman says they're licensed. I have a copy of it. It's an occupational license. And she did the right thing. She asked to see his license, which he gave her, but he's not licensed to do the work he's doing. MR. DICKSON: Is that something that Ramirez [sic] could possibly look into? I could see that happening, and I've had it happen too where they show an occupational license and people think it is a license. MR. MANALICH: What would be your direction? To see if we could somehow make a distinction between the two functicns? MR. DICKSON: 'Occupational tax.' CHAIRMAN HAYES: If it -- Yeah. It's -- It's truly an occupational tax, and we have had this discussion before. I don't know'i'f Guy Carlton's office is interested in -- in giving a hoot about it, but it is definitely a misconception. Contractors' licensing is a business of issuing licenses, not taxes, and we've got an occupational tax that's using the word "license.' MR. MANALICH: I know that the occupational, quote, "licensing law," has been in effect for quite some time, but I think your point is that that so-called license is not guaranteeing competency; it's simply saying you've paid a fee to engage in business in this area. CHAIRMAN HAYES: That's exactly right, and it is totally confused. I -- I'm sitting here today on our Wow, you know, shut down. I was practically embarrassed over that same thing. Now, I already know better, and it still crept right up from the cracks and got me. MR. MANALICH: Well, maybe that's something that we can address between my office and that of the tax collector and see if anything could be done to alleviate that confusion. CHAIRMAN HAYES: I would like to maybe -- MR. MANALICH: I see your point though. I mean, anytime -- CHAIRMAN HAYES: I think it's important -- MR. MANALICH: -- you use the word "license,- it tends to imply to people that someone's been tested or checked out for Page 33 16G March 17, 1997 competency, and apparently this isn't the case under occupational. CHAIRMAN HAYES: I think it is a mis -- It's presenting a misunderstanding. It is laying the groundwork so that we can come up here with confusion and -- and misunderstanding. "Well, I thought I was licensed.. "No, sir. You just paid the tax.- I would -- In fact, it's been such an issue in the last few months that I would like to see it made -- entered into the agenda that we maintain a vigilance on it to find out what we can do. Perhaps as an order of old business next -- next meeting we'll bring it up and see what -- what kind of discussion -- MR. MANALICH: Well, I'll confer with Mr. -- CHAIRMAN HAYES: -- we can have with Carlton's office. MR. MANALICH: Yeah. I'll confer with Mr. Palmer and the county attorney, and maybe we can have some dialogue with the tax collector also. CHAIRMAN HAYES: That would be a big help because it has -- I -- You know, as far as us up here, it's a confusing issue. As far as a homeowner, it's a confusing issue. And as far as enforcement, it's a confusing issue. MR. NEALE: Well, and I think part of the issue too, Ramiro -- and I -- I -- Maybe when you check with Carlton's office you can see. But I know when you and I go forward to get our attorney's occupational license, we have to show that we're a member of the Florida Bar, that we're licensed to be attorneys. We can't just say, you know, "I want to hang up a shingle as an attorne an Carlton and y d go to Guy .... pay_35 bucks and get a -- occupational · ~=~,~e~. Tnere nas co De some level of proof and I think the same thing with doctors, hair dressers, chiropractors, and everybody else, is when they go in and ~pply for the occ license, you've got to show that there -- there's a reason for you to have that occ license -- UNIDENTIFIED VOICE: True, but a handyman -- MR. NEALE: -- and I don't think that's the case in -- MR. BALZANO: It's not -- MR. NEALE: -- in contracting. MR. BALZANO: -- because Guy Carlton gives out taxes on licenses, as he likes to call them, for cleaning services, wallpapering. I mean, you can go on and on. They don't have to bring anything. MR. NEALE: But that's -- that's what I find interesting, is, you know, those of us that are in the professions have to provide -- MR. BALZANO: Right. MR. NEALE: -- some evidence that we're licensed to do this and yet the -- the trades don't and I don't you know, I think -- -- MR. BARTOE: They -- They have one occupational license that is maintenance and then, quote, "no contracting areas." MR. SCHOENFUSS: We've got to reinvent -- -_MR. NEALE: That's the only one that refers to contract MR. SCHOENFUSS: We've got to reinvent the English Page 34 March 17, 1997 language. The State of Florida and Collier County and 95 percent of the people in Collier County don't know what the word "license" means. Everybody around talks about license plates for a car. There is no such thing. A car does not have a license. It has a registration. Nowhere in the registration does it say anything about license. License is a permit. A car is an inanimate object, and no one knows what the word "license" means. And as long as the tax is going to be called a license, we can't change it until we get all these things more clearly defined. CHAIRMAN HAYES: Well, originally I believe the -- the license was a license, and then they started associating the cost to enf~,rce the license as tax, and then they started looking at the tax as another area to draw money. So the whole face of "license" has changed. There's no question about it. MR. BALZANO: Mr. Schoenfuss is right because we park our sar in a driveway, and we drive on a parkway. CHAIRMAN HAYES: Okay. If we can pursue that and -- and find a satisfactory end, I'd sure be happy about it. One quick question that I've got. Do we have a license or is there a license for a handyman? MR. BARTOE: No, sir. CHAIRMAN HAYES: In other words, he goes downtown and pays the occupational tax is all he has to do to reek havoc on the community? MR. BARTOE: County does -- Occupational doesn't have a handyman. That's where they get the maintenance license. MR. DICKSON: But they're limited to $500, am I correct, or some -- some figure? No, sir. State law -- State law is -- -- which we cannot enforce. -- is what? 1,0007 Is that what you're -MR. BARTOE: MR. DICKSON: MR. BARTOE: MR. DICKSON: saying? MR. BARTOE: MR. SCHULTZ: MR. DICKSON: MR. MANALICH: I believe it's 500. 500, I think. Okay. If I might interject, this is a subject I think Mr. Bartoe and I or Mr. Balzano and I had some discussion about quite some time ago when I was so involved with the board, and at that time I was shown -- and -- and I saw in the statutes that there was a -- I believe a handyman provision in the statute which exempted handymen, as I understood it, from regulation under four eighty-nine. At that time that persuaded me to give the opinion informally that -- to these guys on the staff level, that I thought that, you know, since the intent usually of four eighty-nine is to preempt except where it allows the -- the locality to regulate, that that meant we were also stuck with that same distinction that the legislature had created in the statutes. Now, maybe that should be revisited. And, you know, Mr. Neale obviously, as your new advisor, maybe could look at that and see if I was correct or incorrect in my interpretation at the time. But I -- I don't know to what extent staff carried that interpretation Page 35 16G March 17, 1997 along, but that may have been the genesis of some of this if it adds clarification. MR. BALZANO: See, what prompted it is I went down to Ramiro because a man and his wife moved here, I believe, from Dade County or Broward, and both of those counties -- I checked -- do issue a handyman's license, okay, and it is issued like an occ -- our occupational license. And we told him he had to take a test to be -- was it a carpenter, a painter? We told him all the tests he had to take. Well, he didn't like that answer, and he called the state, and the state said we couldn't force him to do that because the state does not -- the state says anyone under $1,000 -- $999 does not have to be licensed. So if he came and hung a door at your house, he does not need to be licensed according to state law. MR. MANALICH: Well, the -- the issue that I was dealing with -- and like I said, we can certainly revisit this, but the real issue is whether -- if it would be your recommendation or desire as a board to regulate that particular area and either not allow for a, quote, 'handyman license,' or to put greater requirements on it, could we legally do that, or are we preempted by the state by virtue of that provision in four eighty-nine. Now, at the time, I took the -- the safe course to say, well, I think we're -- the state has already regulated on this, and for the most part, four eighty-nine only allows us to operate where the state hasn't taken the governing rule, and for that reaFon I didn't think we could regulate. But I certainly think, you know, we can look at it again and see -- you know, Mr. Neale, I think that would be probably within your scope and -- and see if he agrees or disagrees with that or if there's been any new developments in this area-because -- MR. DICKSON: Is there a problem with it? CHAIRMAN HAYES: Well, yeah, there is. As you're talking about your roofing with Sears, we also have, for example -- Even if we regulate a handyman, we're going to have to limit what they can do. For example, to get on the roof and do pressure cleaning, because you have a handyman's license and it was only $300 for the job, is that not skirting the daylights out of our intentions in the ordinance? This individual today, Mr. Mulligan, all he has to do, then, would be -- call himself a handyman, and he's legitimate: MR. MANALICH: Is -- ' CHAIRMAN HAYES: That's my specifics. MR. MANALICH: Paul, do you recall if in the statutes it had any kind of limiting description on what types of tasks -- MR. NEALE: I've -- I've got the statute here in front of me. Four eighty-nine one o three, subsection nine. It says, Any work or operation of a casual, minor, or inconsequential nature in ' which the aggregate contract price for labor, materials, and all other items is less than $1,000, but this exemption does not apply if the construction, repair, remodeling, or improvement is part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than $1,000 for the purpose of evading this Page 36 March 17, 1997 part or otherwise; or, B, to a person who advertises that he is a contractor or otherwise represents that he is qualified to engage in contracting. MR. MANALICH: And that's obviously intended to avoid subdividing the work to -- MR. NEALE: Right. MR. MANALICH: -- avoid licensing, but I think the only limitations are -- what? -- casual or minor nature? MR. NEALE: Yeah, casual, minor, or inconsequential. And I think the -- the board is correct in noting that. MR. DICKSON: But basically what -- MR. NEALE: You can certainly say that a roof cleaning is a casual -- MR. MANALICH: And there is -- MR. NEALE: -- or minor operation. MR. MANALICH: There's a mone -- There's a monetary limitation? MR. NEALE: $1,000. MR. MANALICH: Yeah. Now, that's -- MR. DICKSON: That's right. MR. MANALICH: -- the provision that I was confronted with. MR. DICKSON: He could clean roofs under that. CHAIRMAN HAYES: That's what I'm saying. We haven't hurt the individual. MR. NF2tLE: There are people that put roofs on less than $1,000. MR. SCHOENFUSS: Does 'that cover any trade at all? .... MR. NEALE: The way the statute reads is -- What it specifically says is those people are exempt from the Florida contractor licensing statute. MR. MANALICH: Now, that's what I was confronted with, but you know, one thing we could perhaps do in addition would be to see if there's been any administrative regulations passed im~lementing that section and see -- maybe they've further narrowed it or defined it through administrative rets passed to implement that statute. CHAIRMAN HAYES: I would definitely like to pursue it because that opens up a whole new can of worms. MR. MANALICH: Yeah. MR. SCHOENFUSS: Can a handyman hook up $900 worth of electrical equipment without an electrician's license? MR. BALZANO: No, because -- MR. SCHOENFUSS: I don't think so. MR. BALZANO: -- anything over $250 requires an electric permit. MR. SCHOENFUSS: Yeah. MR. BALZANO:. But you can do under $750 without requiring a building permit. MR. NEALE: Well, and what's -- MR. SCHOENFUSS: Well, then -- then there's a contradiction. Page 37 16 3 March 17, 1997 MR. NEALE: The -- The statute contradicts itself in -- internally, actually, because in a subsequent section it says, 'Contracting means, except as exempted, engaging business as a contractor, which includes, but is not limited to, performance of any of the acts as set forth in subsection 3 which define types of contractors.' And then you go back to types of contractors, and it shows roofing contractors and, you know, all the definitions here. So in one case it says if you do a minor job that's under $1,000 you're exempt, but in the other case it says if you do any job that falls under those contracting categories you're not exe~t so -- CHAIRMAN HAYES: So we are limited then? MR. NEALE: Well -- CHAIRMAN HAYES: In other words -- MR. NEJtLE: -- I want to do some more research on it. CHAIRMAN HAYES: -- the electrician can't do that -- MR. MANALICH: This is -- CHAIRMAN HAYES: -- but the pressure-cleaning guy can. MR. MANALICH: This -- This was added to the statutes -- what? -- two or three years ago? MR. NEALE: Mmm-hmm. Yeah. MR. BALZANO: I don't remember. MR. MANALICH: I think so. And, you know, one of the things we can maybe look at is in that time there -- these issues had to have come up statewide in some manner. Perhaps we can determine, like I said, if there's been administrative regulations interpreting or implementing this or if .there's -- Maybe we can even go back and ask counsel for the state contractor board what was the intent when t~is-~as passed, but you know, on its face you see the -- the -- the problem we have. CHAIRMAN HAYES: On it's face if word got out of here that all he had to do was call himself a handyman, we haven't touched him. MR. MANALICH: At least to the extent that it's under the monetary amount and to the extent that it's -- can be classified as minor or casual or whatever. I mean -- MR. BALZANO: But, also, if you read that, the state only really identifies your major trades. The state says in four eighty-nine that no one else has to be licensed. MR. NEALE: Yeah, under the state. MR. BALZANO: According to the state. MR. MANALICH: I guess the other thing we should deal with, Pat -- could we be more restrictive than the state, or are we -preempted by that law? I mean, to me that seems to be an intent to have statewide application, but you know, I'm not ruling out that we couldn't come up with a theory under which -- and see if counsel at the state level agree with us. MR. DICKSON: Yeah, but you get more preemptive than the state or more defining than the state -- just like the jourr~eymen situation was overruled by the state supreme court because that was being more restrictive than state law and was in violation, so we -- l Page 38 March 17, 1997 }fR. MANALICH: That's -- ~R. DICKSON: -- threw the whole thing out. HR. MANALICH: That's the hazard. That's the danger. And, you know, when I saw that, I said, well, to be safe and not put these guys in a predicament, unless we're really sure, we'd better follow the state's lead until we get an authoritative interpretation. CHAIRMAN HAYES: All along for as long as I've been in the State of Florida, I have gone under the presumption that local municipalities cannot be less lenient than the state; they only can be more restrictive, and this is an exact example of that that was overturned. So you're right; we're all in a limbo. It's, like, well, what can we do? HR. MANALICH: Well, I think what it really turns on -- and, Pat, if -- you know, see if you share this, but it really is going to turn, I think, on what is, in fact, determined to be pree.~pted or not. If it's preempted, then that means that essentially the state has said in this area we will govern and no one else can. But there are other areas where the state may have legislated, but it's not intended to be a preemption, and then you can have additional local legislation. Would that be your understanding, Pat? HR. NEALE: Mmm-hmm. Yeah. Definitely. CHAIRMAN HAYES: That makes sense. HR. MANALICH: But that's what we have to determine, is where this falls. CHAIRMAN HAYES: I would like to continue that discussion into next month if -- Pat, if we can get some -- get some data back from that. HR. NEALE: Mmm-hnun. '-CHAIRMAN HAYES: I -- I believe we need to pursue that because I don't like sitting here wasting time making rules or enforcing rules on people that we can't actually do. HR. GRESSANI: I'd like to air something here, Mr. Chairman, for a moment. So far as Mr. Mulligan was concerned, what's to stop him from going out and still finding work for a crew and being paid a finder's fee? HR. GONZALEZ: Nothing. He can be a salesman. MR. GRESSANI: Nothing. ~[R. DICKSON: He can do that. HR. GRESSANI: Just a salesman. MR. JOSLIN: I don't think he wants to take the test That's the bottom line. ' CHAIRMAN HAYES: He just doesn't want to take the test. UNIDENTIFIED VOICE: Nothing to stop him. HR. BARTOE: And -- and while we're on the subject, I have a question I'd like to bring up and get the opinion of Pat and Ramiro. I remember sitting in a board meeting a few years back when then-Assistant County Attorney and now Judge Brenda Wilson made the statement that revoked licenses cannot be reinstated, and I just wondered what Pat and Ramiro's opinion is on that. MR. NEALE: I -- I think -- My opinion on that is that that is, in fact, true. Revoked licenses cannot be reinstated, but Page 39 16G 1' March 17, 1997 what we've typically done is that people have been -- have either reapplied or submitted additional application information before we permitted them to get their license back. Really what they got issued was effectively a new license. I mean, we -- we may have used the wrong terminology, but that's been -- been ray approach to it, is that, yes, that license that is expired and is allowed to -- been -- allowed to stay expired past December 31, then there is no license at all anymore. But if the person reapplies and the board deems that that reapplication is within the terms of the -- the ordinance, that that person gets -- Essentially, you know, we -- I think we've called it a reinstatement of the license, but in fact, it's a -- it's an approval of s new license. CHAIRMAN HAYES: That's exactly -- MR. DICKSON: I -- CHAIRMAN HAYES: -- the way I see it. MR. DICKSON: I remember that. I was on the board when Brenda was here, and she was approaching it on a semantical point of using the word "revoked.' The semantics of 'revoked- was the license was terminated, ended, killed, whichever you want to do, and there was no, quote, "resurrection' of that license. It was impossible. MR. MANALICH: I would agree with what's been said, and perhaps a distinction there between "revoked" versus "lapsed," which is it lapses due to failure to renew on time, but I'm not sure if that's intended to -- to kill it and end it and -- and extirguish it. When you say 'lapse," is it simply, you know, state of, like, suspended animation because you haven't renewed it. MR. DICKSON: Like the case we had today, though, we revoked him three months ago. He was coming back before this board for Teinstatement. MR. MANALICH: Right. MR. NEALE: Which is not po -- His license could not be reinstated. His license would have to be a new license issued to him. Frankly, probably it would be -- it should have a new number even -- MR. BARTOE: True. True. And -- MR. NEALE: -- in -- in an instance where the license was revoked. MR. BARTOE: And after he passed the business and law. MR. NEALE: Right. CHAIRMAN HAYES: Exactly. MR. NEALE: In -- In our ordinance under the renewal section, which is where a license would lapse, there we don't say anything about it's been revoked. All we say is that if they haven't renewed it after a certain period of time, they're required to ~ake reapplication. So where we reinstate someone's license after it lapsed, as Ramiro says, we're not really reinstating a revoked license. In the case of someone like Mr. Mulligan, if his license is re -- is reinstated, he really wouldn't be reinstated. He would get a new license based on a new application and qualifying for essentially removal of his revocation. And as I say, I would recommend in that instance that we have a new license number for him Page 40 166 1' March 17, 1997 and everything else because the old license -- I -- I would agree with Judge Wilson's interpretation of that, that that license ceased to exist, and the number's gone. MR. BARTOE: Correct me if I'm wrong. If Mr. Mulligan took the two-hour business and law test, passed it, came before staff with an application that is complete in its entirety, he would have to be issued a license. There would be no reason to bring him before the board because this is a completely new, different license, has nothing to do with this one that was revoked. MR. NEALE: My interpretation of -- and this is, you know, obviously subject to question. But my interpretation of what the -- the board said in its original motion and the original order was that if he were to come -- even if he completed all of these, all he was being given to do is leave to reapply subject to the approval of the board. MR. MANALICH: Yeah, because revocation is a pretty strong sanction. MR. NEALE: Yeah. MR. MANALICH: I mean, it's the ultimate sanction and -- MR. NEALE: If he walks in and even if he has every 'I- dotted and "T" crossed and the paper work is perfect, my interpretation of -- of the motion made by the board and the record set forth by the board is that he's got to come up here and prove to the board that he is -- he is knowledgeable and he is able to contract. I don't think you have to -- My reading is you do:~'t have to issue it administratively, that he has to come back before the board. MR. MANALICH: The revocation could be also not just for grou/%d~ of competency, but it could be for grounds of dishonesty or -- MR. NEALE: Fraud, you know. MR. MANALICH: -- bad conduct which a test doesn't cover, and this board may not want to unleash someone subject to an ultimate sanction automatically just because they've retested. They may see that's -- you know, "We look on the face of your application. Yes, you've met these particular threshold requirements, but we think there's much more involved here. You had dishonesty or you had whatever. We think that you're not rehabbed to the point that you're ready to be unleashed out there yet." CHAIRMAN HAYES: I agree. I -- Isn't there something in the ordinance that says in a case where a license has been revoked by this municipality, they are no longer allowed to apply for a new license? MR- N~ALE: Well, certainly someone whose license is under revocation, they could reapply, but they would automatically be found, I think, not tm have complied with the application section of the ordinance. And that application would, according to the section we talked about before, automatically be referred to this board. CHAIRMAN HAYES: Right. MR. NEALE: Because they would have denied it, it would have to come here so -- CHAIRMAN HAYES: So there's no carte blanche on any of Page 41 March 17, 1997 them. MR. NEALE: Yeah. I mean, any -- and that goes to any of the people. You know, if Mike Walsh comes back and reapplies or -- or somebody like tha~, that -- those licenses -- I would opine that they would have to all come up here because the board revoked th~; the board's got to bless them to come back in unless we set a time period. CHAIRMAN HAYES: We got any further discussion9 I need a motion to adjourn. ' MR. DICKSON: Dickson. So moved. HR. GONZALEZ: Second. CHAIRMAN HAYES: I've got a motion to adjourn and a second. Our next meeting is April 16, 1997, at nine o'clock. It's the same place? MR. BARTOE: Yes, sir. CHAIRMAN HAYES: All in favor of adjournment? There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair at 10:55 a.m. COLLIER COUNTY CONTRACTORS' LICENSING BOARD GARY HAYES, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Christine E. Whitfield, RPR Page 42 FEBRUARY 21, 1997 RECEIVED REGULAR MEETING OF FEBRUARY 21, 1997 J U L - 3 1997 OF THE CONTRACTORS' LICENSING BOARD Board o? (3u~,", Ccr',~issic,)ers LET IT BE REMEMBERED, that the Contractors' Licensing Board in and for the County of Collier, having conducted business herein, met on thi.,' date at 9:03 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Hayes Daniel Gonzalez Michael Pedone Les Dickson Gary R. Beaumont Arthur Schoenfuss Robert Meister, Jr. ABSENT: Humbert Gressani Richard Joslin ALSO PRESENT: Patrick H. Neale, Attorney to the CLB Jim Schultz, License Compliance Officer Paul Balzano, License Compliance Officer Thomas Bartoe, License Compliance Officer Thomas Palmer, Assistant County Attorney (The following proceedings commenced, Misters Beaumont and Meister not present.} I~rri% H~ncock M4~ 'Kle ~err2 Misc. Corres: Date: Item~ Copies To: Page 1 166 DA'I"~ rebr~a:ry 21, 1~? ARY PERSON' I~O DECIDES 'TO APP~KL A DECISION OF THIS BOARD ~E APPel IS ~ B~ B~D. Zo II. III. IV. V. ROLL CALL ADDITIONS OR D£LL'"TIONsI APPROVAL OF AGENDA: APPROVAL, OF HINI,IT£S: January 15, 19~? ~ BUSINESS z 1. Jerry Trlpplscc o rsqvsec Co qusli£¥ 2M 2. George Kanelopoulol . request Co relnscace Residential Cbncraccor,I license, Cook 1 hour Ad~inllcraclon mm, requirement nov Is 2 ~ur Bus/ness & 3. JaMs DlRan~ucca . RequesC Co reinsCsCe ?Lie & Marble license, ~e Cook 1 hour AdmLnlscricLon exam, requirement is nov 2 hour BusLnees & L4v. Also Credit check has queecione concerning civil ~uH~uenCs, bankruptcy, & /eHerel Csx 1Lense. 4. Roger Dulsney . requssc Co reLflscsce Concrece ForuPlace & Finish sad Masonry license. He vas orLgirmll¥ granggichered Ltl. S. Mercy ~egner . RequesC Co qusll£y 2M entity. G. Hector Senchez . Request Co quaZtg¥ 2M encicy. ' ?. Ji~el T. Dsly . Request Co qu&lL~y 2M enc/cy. 8. Rlchird Raiser - RecJueSC Co reLflscsce license, he was grsndgachered Ltl, did nsc cakl an exam. Requirement is nov 3 hour excav&cLng 2 hour Business & VI. OLD BUSINESS: Nonl VII. PUBLIC HEARINGS= 1. CiG 197-002 . James ~esC vs. Robert Ko~rc DGA Allsafe Shutters. VIII. i~PORTS~ Ik~ne IX. DISCUSSION~ Ilone X. ~'~XTI~EETIN~ DAT~ Hatch 1~, FEBRUARY 21, 1997 CHAIRMAN HAYES: I want to call the Collier County Contractors' Licensing Board -- any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes that testimony and evidence upon which the appeal is to be based. Remember today to speak clearly and into a microphone Roll call starting on my right. ' MR. GONZALEZ: Dan Gonzalez. M~. DICKSON: Les Dickson. MR. PEDONE: Mike Pedone. CHAIRMAN HAYES: Gary Hayes. MR. SCHOENFUSS: Arthur Schoenfuss. CHAIRMAN HAYES: Are there any additions or deletions to the agenda? MR. BARTOE: Good morning. For the record I'm Tom Bartoe, licensing compliance officer, and I have three additions and one change. Under new business add Item 9, Thomas Kimball, K-i-m-b-a-l-1, request to reinstate tile and marble license. He originally took a one-hour administration test, and it now requires a two-hour business and law test. And also under new business, Item No. 10, a Jack Rose is not at the present time licensed. He took the exam and got a score of 73 1/2, and he would like to talk to the board. Under old business we have Courtney Eagleston in reference to the electrical sign contracting license. And on the second page, next meeting date, next scheduled meeting date, has been changed to Monday, March 17th. (Mr. Beaumont entered the boardroom.} MR. DICKSON: What's happening to the Wednesdays, Tom? MR. BARTOE: I'm sorry? MR. DICKSON: What is happening to the Wednesday dates? MR. BARTOE: They' re being taken over. MR. DICKSON: This room's being taken over? ~{R. BARTOE: I'm sorry? MR. DICKSON: This room is being taken over? MR. BARTOE: Yes, sir. CHAIRMAN HAYES: Are you suggesting that may be a permanent condition? MR. BARTOE: No. Just for -- we got changed this month and next month. At least we have decent notice about the change. CHAIRMAN HAYES: I don't think it's totally that we're being pushed off as well. I think that we're being asked, are we not? · MR. BARTOE: Right. We were asked this time, and I do believe most of our meetings will be scheduled as normal, third Wednesdays. CHAIRMAN HAYES: Any further additions or deletions~ MR. BARTOE: No, sir. ' CHAIRMAN HAYES: I need a motion to approve the additions to the agenda. Page 2 16G FEBRUARY 21, 1997 MR. PEDONE: I make a motion we approve the additions. MR. DICKSON: Dickson, second. MR. BEAUMONT: Second. CHAIRMAN HAYES: All in favor? Opposed? (No response) CHAIRMAN HAYES: I need a motion to approve the agenda of last month's January 15th Contractors' Licensing Board meeting minutes. MR. GONZALEZ: I make a motion we approve them. MR. PEDONE: I'll second that. CHAIRMAN HAYES: I have a motion and a second. Any discussion? All in favor? Opposed? (No response) CHAIRMAN HAYES: New business. Jerry Tripplett, request to qualify second entity. Mr. Tripplett, would you come forward, please, and take the podium. State your name, sir. MR. TRIPPLETT: Jerry Tripplett. CHAIRMAN HAYES: And what are you here for today? MR. TRIPPLETT: I'd like to be able to qualify another business, specifically a siding soffit and fascia business. MR. DICKSON: Mr. Bartoe, what is his 'license now? MR. BARTOE: You got me. I don't know. I'm looking. MR. TRIPPLETT: I have a registered builder's -- contractor's license. MR. BARTOE: 'Collier County building contractor. -MR. TRIPPLETT: And also a roofing license and pool maintenance license. MR. DICKSON: Is the roofing county or state? MR. TRIPPLETT: County. MR. BEAUMONT: Mr. Tripplett, I know you signed this statement that you -- you're aware of all the requirements of Collier County Ordinance No. 94-34. Are -- are you the -- you will be the president or the -- MR. TRIPPLETT: The owner, yes. MR. BEAUMONT: -- the owner of a siding company? MR. TRIPPLETT: Yes, yes. MR. BEAUMONT: It's strictly a matter of you wanting to keep it as a separate entity for business purposes? MR. TRIPPLETT: Yeah. I don't want to commingle the -- MR. BEAUMONT: The funds. · MR. TRIPPLETT: -- the funds. " MR. BEAUMONT: Okay. Mr. Chairman, I make a motion that we approve -- looking at his credit report, all credit reports should look like this. I -- I make a motion that we approve Mr. Tripplett's request for a second entity. MR. PEDONE: I'll second that. CHAIRMAN HAYES: Any further discussion? Calling for the vote, all in favor? Page 3 FEBRUARY 21, 1997 Opposed? (No response) CHAIRMAN HAYES: Very well, Mr. Tripplett, it's a done deal. MR. TRIPPLETT: Thank you. Anything else? CHAIRMAN HAYES: That's all we need. MR. BARTOE: Staff does want anyone today -- wants everyone to know -- any of these requests that are granted, please don't come into the office to attempt to obtain your second entity license or any other approvals until Monday, because we don't know what time we will get back to the office with everybody's folders. MR. TRIPPLETT: Not a problem. CHAIRMAN HAYES: You got to meet their -- whatever requirements they -- they still ask for you for that qualification, and that's it. MR. BARTOE: Yes. The office staff makes sure the entire application is in order before any license gets issued. MR. BEAUMONT: I -- back up one second. Just make sure that your insurance requirements are met, workman's comp if you have any employees. MR. TRIPPLETT: Okay. Thank you very much. CHAIRMAN HAYES: Next, George Kanelopoulos, request to reinstate residential contractor's license. State your name for the record, sir. MR. KANELOPOULOS: George Kanelopoulos. CHAIRMAN HAYES: And your reason for appearing here this morning. MR. KANELOPOULOS: To reinstate my contractor's license, residential contractor's license. CHAIRMAN HAYES: And why do you need to come before the board? MR. KANELOPOULOS: I'm sorry? CHAIRMAN HAYES: Why would you need to come before the board to do that? MR. KANELOPOULOS: I don't know, because it was reinstated -- MR. BARTOE: It's on the agenda -- it's on the agenda. He took the one-hour administration test -- CHAIRMAN HAYES: Well, I'm aware of that -- MR. BARTOE: -- and not the required business and law. CHAIRMAN HAYES: I'm just trying to get it into the record. MR. KANELOPOULOS: i was reinstated by the state, but · they said I had to appear here. " CHAIRMAN HAYES: How long has it lapsed? MR. KANELOPOULOS: I think it was 1995. I had a situation with my wife. She developed Lou Gehrig's disease; so I had to go to Washington State to the University of Washington so she could be treated for it. And somehow I thought I notified them of my change of address, and somehow it didn't -- they didn't get it, and of course, the -- the license lapsed. And my wife subsequently passed Page 4 FEBRUARY 21, 1997 away; so I'm coming back to Florida, and I'd like to have it reinstated so I can do some building. MR. GONZALEZ: So you do have your state license current right now? MR. KANELOPOULOS: Well, that -- that can't be issued until the Collier County license is issued, but it is reinstated with the -- with the state. MR. BARTOE: State license is only a registration. MR. GONZALEZ: Oh, I thought it was certification. MR. BEAUMONT: I'm not going to even try to pronounce your last name. MR. KANELOPOULOS: Kanelopoulos. MR. BEAUMONT: Basically, you built houses on Marco in Collier County -- MR. KANELOPOULOS: Yes, sir. MR. BEAUMONT: -- from 1977 to 1995 -- MR. KANELOPOULOS: Yes, sir. MR. BEAUMONT: -- about 75 homes? Do we have any complaints against him from that time period? MR. BARTOE: I have had none that I can recollect. MR. BEAUMONT: The main concern, I see, by staff is that originally you took a one-hour administration, and now we require the two-hour business and law. MR. BARTOE: That's correct. We -- we have more than one person on today's agenda because of that. In '94 the requirements changed, and the test changed from that one-hour test to the two-hour test. MR. BEAUMONT: Well, my -- my only thought is that if thi~ gentleman was in business from 1977 to 1995 and never had any problems -- we don't have a credit report here. MR. KANELOPOULOS: I've never had a problem with the county or anything. MR. BEAUMONT: I assume he understands business and law. CHAIRMAN HAYES: Isn't our normal procedure to have a credit report -- MR. BEAUMONT: No, it's just -- CHAIRMAN HAYES: -- when we review a case of this nature? I mean, they didn't -- MR. BARTOE: I don't know. CHAIRMAN HAYES: I thought that whenever a case comes up for us -- for review for extenuating circumstances is the opportunity for us to run credit checks and -- and bring that information out. My point being is that I assume that everything is okay, and the reason..' for not being active enough from 1995 to 1997 is because of the cases he states. However, if there is any form of lawsuit, litigation, or judgments, could have also been the reason why he left town. And without a credit report, I -- I'm asked to give this gentleman his license back without knowing the history. MR. BARTOE: Well, if that be the case, the board can request a new credit report before staff issues. MR. DICKSON: How about this: Will you entertain a Page 5 16G 1 FEBRUARY 21, 1997 motion with a condition be met before that's -- Mr. Chairman, I -- I move that this gentleman's license be reinstated following county receiving a credit report, and upon their good judgment that that credit report is clean, that this license be reinstated. CHAIRMAN HAYES: I have a motion. MR. BEAUMONT: And that he meets all the other requirements. MR. DICKSON: And he meets all other requirements. MR. NEALE: Because one of the -- one of the things that is required, as we've discussed before, is under 22-184 and 22-191 of our ordinance, we do require a full reapplication if it's more than a year late. (Mr. Meister entered the boardroom.) MR. NEALE: So the normal pieces of a regular application should all be there. MR. DICKSON: Yeah. And all -- all other requirements would include that. MR. BEAUMONT: I'll second that motion. CHAIRMAN HAYES: Is the motion wording clear enough? have a motion and a second on the floor. Any further discussion? All in favor? Opposed? (No response) CHAIRMAN HAYES: Very well. MR. KANELOPOULOS: I'm going back to Washington, because I'm selling a house, and it -- it's in the process of selling. Can I just send the report in or try to get it before I leave? MR. BARTOE: Do you have a new full application in? -MR. KANELOPOULOS: Yes, I do. MR. BARTOE: Okay. Am I correct, Mr. Neale, if we -- if we're expired over a year and require a new full application, a credit report is part of a full application? MR. NEALE: Right. I mean, the -- even on the documents provided to the board today, there's the checklist on the back which shows all the application requirements, and I would say that Mr. Dickson's motion certainly would cover that all thome requirements set forth on our application checklist would have to be complied with in order to comply with his motion. MR. BARTOE: Correct. MR. GONZALEZ: Do you have the back page of this application? MR. KANELOPOULOS: Yeah. I think they have one on file. I -- I've given it to them already. I just don't have the las: sheet. I'll pick one up. " MR. GONZALEZ: Because Item A is a credit report and proof of insurances and all your other paperwork in order here on the back page. CHAIRMAN HAYES: Any other concerns from staff -- MR. BARTOE: No, sir. CHAIRMAN HAYES: -- regarding this issue? MR. KANELOPOULOS: Thank you. Page 6 . , 16G 1: FEBRUARY 21, 1997 CHAIRMAN HAYES: Item 3, James DiRamacca, request to reinstall tile and marble license taking the one-hour exam. Requirement today are two hours. Also credit check has questions. Good morning, sir. Would you state your name. MR. DI RAMACCA: Good morning, James DiRamacca. CHAIRMAN HAYES: Staff, would you state the nature of your concern. MR. BARTOE: Civil judgments, bankruptcy. I figured the board may have questions of Mr. DiRamacca. CHAIRMAN HAYES: How long has your license been lapsed? MR. DI RAMACCA: A couple of years, '94, I believe. CHAIRMAN HAYES: What have you been doing for the last two years ? MR. DI RAMACCA: I've been setting tile for Marco Island Floor Covering. CHAIRMAN HAYES: With an expired license? Oh, I'm sorry, as an employee? MR. DI RA24ACCA: Right. MR. DICKSON: And what is the date of your bankruptcy? MR. DI RAMACCA: I filed in '94, and I believe it was discharged in '95. MR. DICKSON: And was that a -- what type? Personal? MR. DI RAMACCA: Personal bankruptcy, yes. MR. MEISTER: Was your -- was your business -- did you have a business before this? I mean, did you have a license? MR. DI RAMACCA: Yes, I did. MR. M~ISTER: Was -- was that a corporation, or was that -MR. DI RAMACCA: No, it was a sole proprietorship. MR. M~ISTER: So what -- what was the cause of the bankruptcy? MR. DI RAMACCA: The cause of the bankruptcy, actually, was for things that happened, actually, before '91 in New Hampshire. MR. MEISTER: In the business? MR. DI RAMACCA: No. It had nothing to do with the business I had in Florida. MR. GONZALEZ: Were any of the suppliers hurt as a result of your bankruptcy? MR. DI RAMACCA: No, sir. MR. BEAUMONT: Mr. Chairman, as long as it's not a -- business losses or supply house losses, I think our policy in the past has been to approve these subject to a new credit report on renewal one year from today verifying that nothing else has gone w Tong. I'11' make a motion that we approve Mr. DiRamacca's re(tuest based on a fuli' reapplication to the county for a license and with the stipulation that if he's granted a license, that in one year he be requested to have an additional credit report that should show no additional problems. MR. PEDONE: We still have the problem of the one-hour administration exam. MR. BEAUMONT: Well, that's just what we had with Page 7 FEBRUARY 21, 1997 Mr. Tripplett -- I mean, Mr. Kanelopoulos. MR. PEDONE: But the circumstances might be a little different. CHAIRMAN HAYES: When did you first receive your license? MR. DI RAMACCA: I believe in '91. MR. PEDONE: What was the name of your company? MR. DI RAMACCA: Omega Tile Installation. MR. PEDONE: Has there been -- were there any complaints against Omega Tile that you know of? MR. BARTOE: None known, sir. MR. DI RAMACCA: I believe you should have a credit report for Omega Tile Installation there. CHAIRMAN HAYES: I think I see three issues here. One, he failed to renew, just plain failed to renew; two, the ordinance has changed requiring two years; and three, he does have some civil judgments and the bankruptcy. I don't think it's a matter of one hour versus two hours nor a matter of interpretation of the credit report. The fact that he let it lapse, period, also comes into play. So he's got three things, not just the one issue. I just wanted to make that clear. MR. DICKSON: Yeah, Mr. Chairman, I have -- this bankruptcy is so -- so fresh, plus the fact he did lapse. He hadn't met the requirements. I just have a real problem turning him loose on the Collier County public. CHAIRY0kN HAYES: My concern more is that we continue to allow people that let their license lapse -- if we continue to reinstate overriding our ordinance, it's just going to start a parade. - MR. DICKSON: Exactly. MR. PEDONE: Yeah. I -- I don't think the bankruptcy should really play a lot into it. It's a personal bankruptcy, not a business bankruptcy, and anybody's entitled to a mistake and entitled to the -- to the opportunity to make it better. But letting a license expire and then, you know, not bothering with that for a couple years and then expecting it back, I think, is another story. MR. DI RAMACCA: Well, it wasn't the fact that I just didn't bother with it. I mean, the -- at the time that the license expired was the same time that I had filed bankruptcy; so I was having a -- a hard time. It -- it costs money to -- to get the license back, not just the fee for the application or to renew it, but you have to carry the liability insurance and everything else that goes with it. CHAIRMAN HAYES: I believe you could have allowed it -- I'm sorry. I believe you could have allowed it to go inactive, · though. .. MR. DI RAMACCA: I -- I don't -- CHAIRMAN HAYES: We have an inactive status for a license, do we not? If you don't intend to use it, instead of renewing it or at renewal time you can turn it over to inactive; isn't that correct? MR. BARTOE: Yeah, that's correct. And the cost is -- MR. DI RAMACCA: I'm sorry. I -- I didn't know about Page 8 16G FEBRUARY 21, 1997 that. MR. BARTOE: The cost is only for the license, no insurance costs. MR. SCHOENFUSS: Is Mr. DiRamacca working as an employee now? Are you working as a tile setter now as an employee9 MR. DI RAMACCA: Yes, I am. ' MR. SCHOENFUSS: Are you working full time? MR. DI RAMACCA: Yes, I am. MR. SCHOENFUSS: And if your license is renewed, then will you stop working as an employee and go into business for yourself? MR. DI RAMACCA: Eventually, yes, I would. MR. SCHOENFUSS: What do you mean by 'eventually"? MR. DI RAMACCA: Well, I'd want to be able to get back on my feet; so I'll stay where I am at the moment and try to get jobs on my own and just take it from there. MR. SCHOENFUSS: And if you do decide to go back into business by yourself, where are you going to get your customers9 For whom are you going to work? ' MR. DI RAMACCA: Well, I -- from the years that I've been here, I -- I know people on Marco Island, which is where I live and where I work now; so hopefully I'll be able to get some jobs that way. MR. SCHOENFUSS: And if you graduate from working as an employee to running your own business, how much better off will you be financially? How much more money will you be making? MR. DI RAMACCA: Well, I can't give you a dollar figure, but I know I can make more money than I'm making now. I have to make les~ the way I am right now as an employee working for someone else that has a license. MR. BEAUMONT: Let -- let me restate my motion. MR. SCHOENFUSS: But -- but Mr. DiRamacca is working now as an employee; so if his license isn't renewed immediately, it will be no great financial hardship to him. MR. BEAUMONT: Let -- let's step back. I -- I think in my first motion I -- I did say this: It's lapsed two years. He needs a full reapplication for his license. The only thing we're granting him -- the only thing we're granting him is a one-hour, the one-hour administration exam that he already had taken will -- will meet the requirements of the two-hour business and law. So he -- he's just reapplying for the license, and we're -- the only thing we're allowing is the one-hour administration to be equal to the two-hour business and law. So he's already taken that back in '91. And the only other' thing I stipulated in my motion is that if he is granted a license, " that in one year he get us another credit report verifying that he has not had any additional problems in the one-year period. MR. NEALE: Well, one of the other things as part of the full application that the board may wish to consider are the experience requirements portions of the -- of the ordinance, which require affidavits from former employers, etc., as to the competency of the person to do the -- the work in that trade. So the board could 1 Page 9 168 FEBRUARY 21, 1997 stipulate that those kind of affidavits must be required so that the board can have some comfort in the -- in its decision. MR. BEAUMONT: If Collier County already issued him a license in '91, he already met those requirements. MR. BARTOE: They're already in his file. MR. NFOtLE: Okay. So the affidavits are originally in his file? MR. BEAUMONT: We already have those in the file. MR. DICKSON: So, Mr. Beaumont, if I understand your motion, before I can act on it, we are not approving reinstating this gentleman's license. We are telling him he must fill out a full application, start from scratch. The only thing we're going to do is allow the one-hour examination in place of the two? MR. DI RAMACCA: Can I just -- I've already done that. I've filled out the application, and I've done it all. MR. BEAUMONT: We understand that. MR. DI RAMACCA: Okay. MR. BEAUMONT: When -- I think the board -- the board misunderstood that we were just granting you a license. We're not. You're going to go through the normal routine, which you've already done, and we're agreeing to the one-hour administration exam in lieu of the two-hour business and law. So you're -- you're being granted what your request is. What you've come here for, you're getting or -- if the board approves my motion. CHAIRMAN HAYES: I have a motion on the floor. MR. PEDONE: I'll second it. CHAIRMAN HAYES: I have a motion and a second. Any further discussion? 'MR. SCHOENFUSS: Please restate the motion, Gary. MR. BEAUMONT: Okay. I make a motion that we allow Mr. DiRamacca to use his one-hour administration exam in lieu of the two-hour business and law exam that's required now and that he make full application for a new license with Collier County licensing and that if he is granted that license, in one year he be required to give an additional credit report. MR. SCHOENFUSS: Thank you. CHAIRMAN HAYES: Any further discussion on the motion? All in favor? Opposed? (No response) CHAIRMAN HAYES: Unanimous. Very well, Mr. DiRamacca. MR. DI RAMACCA: Thank you. C~%IRMAN HAYES: Just complete all the details that · staff requires to make reapplication, and you'll be reviewed as a " normal applicant. MR. DI RAMACCA: Thank you. MR. DICKSON: Can I ask Mr. Bartoe a question? Does staff have the capability of flagging this particular application to where we're sure that within a year we go back and get this credit report and that we do watch him initially? MR. BARTOE: Yes. It can be added under comments in -- Page 10 16G FEBRUARY 21, 1997 in the computer. MR. DICKSON: Okay. CHAIRMAN HAYES: Item No. 4, Roger Dulaney, request to reinstate concrete form, place, and finish and masonry license. He was originally grandfathered in. Mr. Dulaney, are you here? MR. BARTOE: I can add that Mr. Dulaney provided us with no paperwork, and he was originally licensed in 1978. MR. PEDONE: When did the license expire? MR. BARTOE: September 30, '96, concrete form, place, and finish and also masonry. MR. BEAUMONT: So it's only four or five months. MR. DICKSON: Can we just defer this until he appears before this board? So moved, Mr. Chairman. MR. NEALE: What the board can do also is that -- require that prior to him reappearing, that he's got to get the paperwork to the board. CHAIRMAN HAYES: You're making a motion that he appear personally before the board with full and complete paperwork required by staff? MR. DICKSON: Yes. Yes, sir. And we will not act until such time as that happens. MR. BEAUMONT: How about including an up-to-date credit report? MR. DICKSON: I agree. CHAIRMAN HAYES: I have a motion on the floor. MR. NEALE: That should be included in the full application. MR. DICKSON: Should be in the full -- yeah. - CHAIRMAN HAYES: Is there a second? MR. MEISTER: Second. MR. PEDONE: Second. CHAIRMAN HAYES: Any further discussion? All in favor? Opposed? (No response) CHAIRMAN HAYES: Very well. No further action today. MR. BARTOE: Mr. Chairman, was a new credit report required with that? MR. PEDONE: Yes. CHAIRMAN HAYES: Yes. MR. BEAUMONT: I was going to say we should make that as a rule. If people lapse -- we might think about using that as a standard rule. If people lapse with their licenses, they have to ge~.' us an up-to-date credit report. CHAIRMAN HAYES: Is there any way we can do that, Mr. Neale? MR. NEALE: Uh-huh. Yeah. I mean, all -- all you have to say, really, is that if they have to make a full reapplication, it is a full reapplication. And Item A, as -- as Mr. Gonzalez says, is a credit report. MR. BEAUMONT: But if he's only been lapsed for five Page 11 FEBRUARY 21, 199'7 months, he doesn't have to make a full reapplicatton. I think it's two years, but -- MR. NEALE: I think any -- MR. BEAUMONT: -- I think we should direct staff that if anybody's license expires, that they also be required to get a credit application. CHAIRMAN HAYES: If they request to -- MR. NEALE: Yeah, the board can do that. CHAIRMAN HAYES: -- come before the board for a review of that. If it lapses and you don't hear from them, we don't need a credit report; but if it lapses and they come in for renewal and are re~ired to appear before the board, I would like to have that credit report. MR. BARTOE: That sounds good to staff. And -- and also a lot of these people wouldn't be here except for the one-hour test is now a two-hour test, and we can't renew it without the board's approval. MR. GONZALEZ: Well, let's make it official. I second it, if that's a motion. CHAIRMAN HAYES: Can we consider Mr. Bea=mont's request a motion? MR. LrEALE: Uh-huh, yes. CHAIRMAN HAYES: And I have a second? MR. GONZALEZ: Second. CHAIRMAN HAYES: Ail in favor? Opposed? (No response) CHAIRMAN HAYES: Very well. Marcy Wagner, request to qualify a second entity. State your name for the record, please. MS. WAGNER: Marcy Wagner. CHAIRMAN HAYES: And the second entity you're asking to require -- qualify? MS. WAGNER: Efficient Irrigation. CHAIRMAN HAYES: Pardon me? MS. WAGNER: Efficient Irrigation. CHAIRMAN HAYES: You currently qualify Greenwood Landscape? MS. WAGNER: Yes. CHAIRMAN HAYES: How would this company differ? MS. WAGNER: This company -- Greenwood Landscape is able to do irrigation, sod. It's a landscape unlimited license. This company's going to specifically do irrigation. We're trying to specifically do water management and auditing. So the name, in · itself, will delineate it from a landscape contracting company and " give us better coverage, better explanation also. MR. BEAUMONT: In your Florida Department of State, it doesn't mention who the corporate officers are. MS. WAGNER: My -- myself and my husband. MR. BEAUMONT: For both companies? MS. WAGNER: Yes. And the only thing I was missing was exemption from workman's compensation, and they have sent me those for Page 12 FEBRUARY 21, 1997 the Efficient Irrigation. MR. BEAUMONT: When you say "exemption," you don't have any employees? MS. WAGNER: Pardon? MR. BEAUMONT: You don't have any employees? MS. WAGNER: No, I don't. If I have employees, I hire them through the employees -- employee labor -- MR. BEAUMONT: Labor pool? MS. WAGNER: -- pool, yes. MR. BEAUMONT: And they pay the workman's comp? MS. WAGNER: Yes. And I pick up workman's comp when I acquire large contracts. MR. DICKSON: Mr. Chairman, number one, I wish all the packets had this much information in them. She's done her homework. I personally know the Wagners, both her and her husband. They've done work for me on two houses and an office building. It is a husband and wife team. There are no other employees that are there. Quite honestly, if -- if everyone ran their business the way they do, we would have no need for this board, and that's five, six years of experience with this couple. CHAIRF~AN HAYES: I hear a motion? MR. DICKSON: Mr. Chairman, I move that this motion be approved. MR. PEEK)NE: I'll second that. MR. DICKSON: I'm sorry. Let me go back -- that the request to qualify a second entity be approved. MR. PEDONE: Second it. CHAIRMAN HAYES: Any further discussion? -Ell in favor? Opposed? (No response) CHAIRMAN HAYES: Very well. MS. WAGNER: Thank you. Do you want copies of these (indicating), because they're not in the file? MR. GONZALEZ: Make sure staff gets them. MS. WAGNER: Okay. Just bring them when I come in? MR. BARTOE: Yeah. The office staff will want that. MS. WAGNER: Okay. Thank you. CHAIRMAN HAYES: Hector Sanchez, request to qualify second entity. MR. SANCHEZ: Morning. CHAIRMAN HAYES: Good morning, sir. MR. SANCHEZ: My name is Hector Sanchez. I own a · company called Evergreen Landscaping. What I want to do is I just " want to get a license under Evergreen lawn -- Evergreen Sod. Through that license I'm -- you know, I can do the landscape, and I can do sod and, you know, sprinklers and the whole thing. I just want to be able to advertise as Evergreen Sod also. MR. DICKSON: So it's just for sod purposes? Mlq. SANCHEZ: Yes, sir. MR. DICKSON: I mean, for advertising purposes? Page 13 FEBRUARY 21, 1997 Well, I moved over -- we originated in Palm Beach County, although I've had a license in -- in Collier County for five years. And I decided to move over here full time and left him the business on the east coast. MR. DICKSON: Okay. The other way had a lot of questions that -- CHAIRMAN HAYES: You're currently qualifying Daly & Hill. MR. DALY: Yes, sir. MR. DICKSON: I'm looking for the license. Is it in here? MR. GONZALEZ: What kind of license do you hold now? MR. DALY: Drywall contractor. MR. NEALE: It's right after the articles of incorporation. MR. DICKSON: Okay. State -- state license. You ever had any complaints against you? MR. DALY: No, sir. MR. DICKSON: Either here or in Palm Beach County? MR. DALY: No, sir. MR. DICKSON: Are you good? MR. DALY: Very good, sir. MR. DICKSON: We need some. MR. PEEK)NE: So true. .MR. DICKSON: Mr. Chairman, i'd like to make a motion. I see no problem with anything this man has. He also has a state license. Credit reports are good. Everything's in order. I move that this request to approve a second -- qualify a second entity be approved. MR. BEAUMONT: Can you make one stipulation? MR. DICKSON: Okay. MR. BEAUMONT: That within a year the other license be terminated? The other affiliation be terminated? MR. DICKSON: I think -- I -- I agree with that. I'm going to add to that a stipulation that within one year the other entity that you're qualifying right now -- your license be terminated from qualification of that entity. MR. DALY: Yes, sir. I can do it within six months. MR. BARTOE: I -- I would like -- staff would like Mr. Daly to know that if he does officially, in his mind, quit qualifying this other company, that he should let us know with a notarized letter. If he does not and three months later the company gets in trouble, it's his license. · MR. NEALE: Very good point. " MR. DICKSON: And I'll -- I'll tack that request of staff on to that motion as well. Do you understand the motion now, Mr. Chairman? CHAIRMAN HAYES: Yes, I do. I have a motion on the floor and -- a second? MR. SCHOENFUSS: Second. CHAIRMAN HAYES: Any further discussion? Page 15 Ail in favor? Opposed? (No response) FEBRUARY 21, 1997 CHAIRMAN HAYES: Motion carries, Mr. Daly. MR. DALY: Thank you, sir. CHAIRMAN HAYES: Richard Raiser, request to reinstate excavating license. He was grandfathered in, did not take the exam. Required is now three-hour excavating, two-hour business and law. For the record would you state your name, sir. MR. RAISER: Richard Raiser. CHAIRMAN HAYES: And the reason for your request? MR. RAISER: We've had an accident in the family in '94, and the paperwork in the office got behind. And we've recently -- my oldest brother is working full time with us now, and I just didn't know that it got expired. I was -- I was working in the field every day. We spent a lot of time with our brother up in Sarasota, and we've got a letter written to you about that. CHAIRMAN HAYES: When were you originally licensed? MR. RAISER: 1981. CHAIRMAN HAYES: And at that time there wasn't any test requirements? MR. RAISER: No, I don't believe so. MR. DICKSON: Mr. Bartoe, do we have a complete file on this individual? MR. BARTOE: We do have. MR. DICKSON: We do have insurance certificates and eve~Tthing? He's met all of the other requirements? MR. BARTOE: What I have in front of me has insurance poli'cies that expired January 24th, '96. I can ~nderstand him not updating his insurance until he gets approval to get a license. MR. RAISER: Our -- our insurance is up to date right now. I know your -- your name was on the list how they send out -- every year they send the license -- or the insurance certificates out. There should have been one sent to the county. MR. BEAUMONT: Is -- is Gulf Shore Site Development Inc. located in Naples? MR. RAISER: Yes, sir. MR. BEAUMONT: And you've been doing work for the last two years in Naples? MR. RAISER: Yes. In 1981 the name was Naples Clearing and Grading, and two years ago -- about three years ago, we changed the name when my brothers came to work with me full time. MR. BEAUMONT: So it just recently came to your · attention that you didn't have your license? " MR. RAISER: Right. My oldest brother is working in the office, and he started going through the records. He questioned me on it, and I didn't realize that it was lapsed. MR. MEISTER: None of the contractors you worked for ever asked for a copy of your license? MR. RAISER: No. We've only been working for two or three main contractors in town since the early '80s, and they haven't Page 16 · 16G 1 FEBRUARY 21, 1997 seemed to ask me for it. We have the insurance, you know, the workman's comp insurance, and everything's up to date every year. MR. BEAUMONT: Mr. Bartoe, did -- did the county approach Mr. Raiser, or did Mr. Raiser come to you and say, hey, we -- we lapsed our license, and we need to renew it? MR. BARTOE: I do not know, but I feel sure the county did not approach him. I mean, I got no complaints on him working without a license. I don't know if Mr. Schultz or Balzano did. MR. RAISER: We -- we came to the county when my brother brought it to my attention that it was lapsed. ~fR. BEAUMONT: Have you had any complaints against Gulf Shore Site Development over the years? MR. BARTOE: No, sir, none that I can think of. MR. BEAUMONT: And you've had your license from what period? 1981 to -- MR. RAISER: Right. 1981 I -- MR. BEAUMONT: -- 1994. MR. RAISER: Right. MR. BARTOE: I think 1991 is the first that I can find anything in the file here when he was grandfathered. MR. BEAUMONT: I -- I think I'd like to make a motion that subject to a full reapplication for -- for license, that Mr. Raiser be granted the license without taking the three-hour excavating and two-hour business and law exam. Obviously, if they've been in business for that many years and we had them licensed until '94, they met the requirements of this county, I would assume. And -- and on the basis that they've had no complaints during that period of time, I would assume that they're a fairly good company. But they do n~ed to -- full -- full application. That means credit reports and whatnot. MR. NEALE: Excuse me. If I -- if I might make an interjection here. At least the way I -- I've heard this and maybe -- I was just talking to Mr. Palmer a little bit about this too. It appears that this company has been operating as an unlicensed contractor for two years. I don't know how the board feels about that, but that certainly, to me, would be -- would be an issue. MR. DICKSON: My -- my opinion of an unlicensed contractor is one who is blatantly in violation and knows that they came in here with the intent of operating with -- in an unlicensed mode. Having read this individual's letter -- which I don't think some of the other people have available to them -- I can see where the brother who ran the office and all the paperwork -- and this gentleman was in the field the whole time, and we've gone through in excess of a year to two years of this brother recuperating from a major fall, th~ this could have been overlooked and -- MR. NEALE: I'm sympathetic to that issue. I just wanted to bring to the board that -- MR. DICKSON: I just don't -- I think it's an oversight, and there's a big difference between an oversight and intentionally operating without a license. MR. BEAUMONT: That's why I brought up whether he came Page 17 1 6G 1 FEBRUARY 21, 1997 to us. By him coming to us, it appears that it was an oversight. MR. DICKSON: I think it's important, though, that the board elaborate on that understanding that we're not ignoring what is a state violation. I'll second the motion. MR. BEAUMONT: We could always have him pay for the last two years. MR. RAISER: I would have no problem with that. MR. DICKSON: That's insignificant. CHAIRMAN HAYES: I have a motion on the floor and a second. Any further discussion? I might suggest at this point that I'm a little bit more concerned over the ability of an individual to be allowed to operate in Collier County without a license with no check and balance that, in fact, it has expired and, in fact, he's continuing to do business. I would hope that we could work that out in the long run and -- and somehow or another implement some format by which we can keep -- keep track of that. An individual that pulls a permit, we keep track of it by virtue of the fact that when he goes down to pull the permit, we know it's expired. But one -- a trade that doesn't pull a permit, we don't have any way of tracking that, and we might as well not have any licensing laws at all. At this point I'm scared as to how many people are out there in Collier County operating without a license as we speak because of that reason. MR. MEISTER: Well, if he works for a general contractor or any contractor, the contractor is supposed to ask for a copy of his license and his insurance certificates before he lets him do any work on the job; so that would be the first check and balance. And the second, the homeowner should be asking for this, if he does direct for the 'homeowner. I guess homeowners don't understand this and don't do it. MR. BEAUMONT: One other notation here is the workman's comp. Do you have workman's comp insurance? MR. RAISER: Yes, sir. CHAIRMAN HAYES: Any further discussion? MR. GONZALEZ: Is there any way we can put a flag in the computer when these licenses lapse to notify these people? MR. BARTOE: You're talking to a man who hardly knows how to run a computer. I can't answer that. MR. DICKSON: Well, it stated earlier -- MR. BARTOE: I'm sure that there probably is a way, but I truthfully cannot answer that question. MR. DICKSON: But what he's saying is he was out of town during this period of time that he got the notices, and our computers' are set up to purge all license holders after a certain period of of lapse; so there wasn't a continuous mailing for two years. CHAIRMAN HAYES: When -- if I may, when -- when a general contractor pulls a permit, he doesn't -- he isn't required to list each and every subcontractor that he's using? MR. BEAUMONT: Just certain ones. CHAIRMAN HAYES: Just the particular -- the main trades Page 18 16G 1' FEBRUARY 21, 199'7 MR. MEISTER: Only the ones that get inspected. CHAIRMAN HAYES: One at a time. That's -- that's my understanding, and I would assume that before we could remedy this, that's exactly what we'd have to change would be to require them to list each and every individual subcontractor, and we know how difficult that would be. So it's going to require some kind of head scratching to be able to come up with a possible solution. I understand, but it is something that this board is concerned with. MR. BARTOE: And also at present we only have two full-time office staff who are still swamped to this day with renewals. MR. SCHOENFUSS: I understand that you have work=nan's compensation insurance. MR. RAISER: Yes, sir. MR. SCHOENFUSS: And how often do you renew that? Every year? MR. RAISER: It's once a year. Our insurance policy is renewed once a year for everything. MR. SCHOENFUSS: Well, I -- I'm not sure all insurance application forms are the same, but I've seen applications for renewal of workman's compensation insurance, and on it there's a little item somewhere on one of the pages that asks for the current license and the date of the expiration of the license. Is there anything like that on the forms that you fill out for your -- MR. RAISER: No, not that I'm aware of. MR. BEAUMONT: I don't have that. MR. PEDONE: I don't have that either. MR. SCHOENFUSS: You do7 That's interesting. - MR. RAISER: It depends on the company you're dealing with. MR. SCHOENFUSS: That's interesting. MR. DICKSON: And I can see where the lapse was here because you don't have the renewal because he hadn't renewed the license. If the policy had been canceled during the policy period, you would have gotten a notice; but when it just terminated and lapsed, you didn't get a notice. There's a big crack here. I agree with you, Gary. CHAIRMAN HAYES: I have a motion and a second. Any further discussion? All in favor? Opposed? (No response) CHAIRMAN HAYES: Very well, Mr. Raiser. · MR. RAISER: Thank you. " MR. BARTOE: And, Mr. Dickson, it is possible that the office staff did get from his insurance company an updated policy. MR. DICKSON: That's right. MR. BARTOE: And it still could be in a pending file. MR. DICKSON: Because he didn't have the license. MR. BARTOE: Yeah. I believe that date was January 24th that the old one expired. Page 19 16G I FEBRUARY 21, 1997 CHAIRMAN HAYES: If I may suggest for the record that we do try to do some study and research and possibly come up with a remedy to avoid this confusion. I am concerned that there is an awful lot of unlicensed activity due to that out there, and we have no way of check and balancing it at this point. MR. BARTOE: Staff will look into it. CHAIRMAN HAYES: Thomas Kimball, request to reinstate tile and marble. Good morning, sir. Your name for the record? MR. KIMBALL: Thomas Kimball. CHAIRMAN HAYES: And the reason you need to see this board? MR. KIMBALL: My license expired, and I need to have it renewed. MR. BARTOE: He originally took the one-hour administration, and this requires the two-hour business and law now. MR. PEDONE: When did the license expire? MR. BARTOE: I believe September of -- was it '96 or '957 )fR. KIMBALL: It was probably '95. On the application for the license, I was required to have a certificate of insurance, and at the time I had a court case going with the insurance company because they were claiming that I owed them more money than I believed that I owed them. So I couldn't -- I couldn't supply a certificate of insurance to the board. Who won? Well, we -- we settled. I -- I saved MR. PEDONE: MR. KIMBALL: about $9,000. MR. DICKSON: period of time? MR. KIMBALL: MR. DICKSON: MR. KIMBALL: What did you do for insurance during that I didn't have insurance. Did you close your company? No. I had -- I carry a -- a retail sales license, and most of my installers were insured and licensed that worked for me. MR. DICKSON: I don't -- that doesn't answer my question, though. MR. KIMBALL: I didn't have workman's compensation, no. MR. DICKSON: So you were operating without insurance? MR. KIMBALL: Yes, until I -- I have insurance now. wasn't allowed to get insurance because of the court case pending with the insurance company. MR. DICKSON: Well, I've had a similar court case. I went to another insurance company. · MR. KIMBALL: Really? I -- I did, but they wouldn't -- " MR. BEAUMONT: Mr. Bartoe, this is less than two years then -- MR. BARTOE: Yes, sir. MR. BEAUMONT: -- from the lapse? Mr. Chairman, I make a motion that we approve the reinstatement of Mr. Kimball's license. Again, it's a good credit report. I don't see any problems on it, and it's been less than two years; so we can't require him to do a full Page 20 FEBRUARY 21, 1997 application. He did meet the original requirements of the license? MR. BARTOE: Yes, sir, when he was originally licensed. MR. BEAUMONT: He passed the exam? I make a motion that we reinstate Mr. Kimball's license at this time. MR. PEDONE: I'll second that. CHAIRMAN HAYES: Any further discussion? All in favor? Opposed? (No response) CHAI~4AN HAYES: Motion carries. MR. KIMRALL: Thank you. MR. BEAUMONT: Let me back step and make sure his insurance is up to date. MR. NEALE: One -- just one quick -- one thing is that anybody who fails to renew after December 31st of that year is required to make a full reapplication. MR. BEAUMONT: Wait a minute. I -- I thought our discussion earlier was two years. MR. NEALE: No. MR. BEAUMONT: So anybody who fails after -- MR. NEALE: Any individual failing to renew his certificate of competency prior to December 31st, shall be required to make reapplication pursuant to the ordinance. MR. BEAUMONT: Can I back step? I wasn't aware of that. MR. NEALE: I mean, you certainly -- it's -- it's within the ordinance that he has to make the reapplication anyhow. MR. BARTOE: He has it. In your paperwork you got that, and The rest is in his existing file that we have in the office. MR. DICKSON: Plus he has current insurance. He's got everything in there. MR. BEAUMONT: Okay. As long as he meets all the requirements. MR. BARTOE: Our office staff stays on top of that. CHAIRMAN HAYES: Last item of new business, Jack Rose. MR. ROSE: My full name is John R. Rose. I lay marble floors in Collier County. I've taken the tile and marble test twice. The first time I got a 68, and the last time I got a 73.5. I guess I'm here today -- I -- I might have failed the test, but I lay a lot of marble in this town. And I -- I got an opportunity about a month ago in Port Royal with a company called A. Vernon Allen and was asked to do a lot of work for them. One of the contracts starts pretty quick, and I don't have enough time to -- the next time I can take the tile and marble test is at the end of -- what is it? The end of Mar6h in Lee County is the next time I know I can take the test. I wanted to petition the board to pass my 73.5, if they could, if not, to try and issue me a temporary license so that I can do this work for Mr. Remington until such time where I can have a -- my license, take the test and pass it, if that's what you require. CHAIRMAN HAYES: Mr. Rose, I may have not been listening or confused, but you said you've been in business. You've been laying Page 21 16G 1' FEBRUARY 21, 1997 tile for how long? M~. ROSE: In Collier County? CHAIRMAN HAYES: Yes. MR. ROSE: For 3 1/2 years. CHAIRMAN HAYES: Without a license? MR. ROSE: Piecework. Cox Tile and Marble, Creative Tile Concepts, Precision Tile, as an employee. MR. BEAUMONT: Don't use the word 'piecework.' MR. ROSE: I get paid on W-2s, sir. CHAIRMAN HAYES: The first time you took the exam, did you apply for the review? Are you aware that there is a review program? MR. ROSE: Yes. But I failed the test; so there's no need for a review from Collier County. CHAIRMAN HAYES: Negative. The review I'm speaking of is the Block review. When you -- when you fail the exam -- MR. ROSE: Oh, the proctor's review, yes, sir. CHAIRMAN HAYES: -- for more than -- for less than, what, is it three points, that you're allowed to review in case they can work it out, and then those additional I or 2 or 3 points can be amended. MR. ROSE: Yes. The seventy -- CHAIRMAN HAYES: Did you go for those reviews? MR. ROSE: -- the 73.5 -- and me and Block and Associates have a history. I tried to get them -- I had -- there was two questions on the test that were -- me and another tile contractor took the test that day could not find in our literature. We filled out complaint forms. I personally work every day and don't have time to go 'to Gainesville to sit down with them and take a proctor review all day long to change my 73.5 to a 75 so that I might pass and be granted a license by Collier County. I haven't had enough time. This is a -- I can do that. I can take the test over. I can go to Gainesville and take the test every day, but to submit my proposal to Mr. Remington for this house on Gordon Drive that I have is -- everybody involved would be more comfortable if I had everything in place right now. MR. BEAUMONT: Mr. Chairman, I make a recommendation that we do not approve this request. I know a number of people who have gone to Gainesville and taken the test the next day and passed it. I hate to say it, but I think you should have taken the five -- or the day off work and gone to Gainesville and -- and done your homework. Mr. Remington can go to the other hundred licensed contractors in Naples right now and get them to do the marble work. ~ don't think this is a hardship for you. You're already working for" someone else, I assume -- MR. ROSE: Yes. MR. BEAUMONT: -- or you can be working for someone else. MR. ROSE: Yes, Cox Tile. MR. BEAUMONT: I -- I think you need to just go ahead and pass the test, and that's my motion. Page 22 16G 1' FEBRUARY 21, 1997 MR. DICKSON: Mr. Chairman, I second that. MR. ROSE: I -- the -- the hardship would be that if I lost this contract for this house on Gordon Drive and I lose 7,000 square feet of stone, that's for a starter home for my company. If I lose it because I don't have a license, that's quite a hardship. CHAIRMAN HAYES: Let me ask you, you're currently employed by Cox Tile? MR. ROSE: I'm actually working on a house in Bay Colony for Marble Designs right now. CHAIRMAN HAYES: So you do work for multiple -- MR. ROSE: Yes, sir. CHAIRMAN HAYES: And are you -- do you -- are you aware of the possibility -- is Cox Tile one of the bidders on this project? MR. ROSE: No, sir. CHAIRMAN HAYES: The company you're currently working for, are they one? MR. ROSE: No, sir. CHAIRMAN HAYES: I have a motion on the floor and a second. Any further discussion? All in favor? Opposed? MR. PEDONE: Nay. I oppose. CHAIRMAN HAYES: I'm sorry, Mr. Rose. One nay. MR. BEAUMONT: And I make a recommendation that you talk to one of the tile people you're working for and work a deal with them. MR. ROSE: You're Mr. Beaumont of Beaumont Electric? MR. BEAUMONT: Yes, I am. -MR. ROSE:~ I laid the main lobby at the Remington, the Biltmore, and the main lobby at Pelican Isle Yacht Club, and i'm very -- I'm an excellent stone and marble man. That's why I've been invited to do this. The only reason I came today was to -- to kind of hurry the process so that the people I was around would be more comfortable. I have my application for -- MR. BEAUMONT: You're probably one of the best there is, but that 1 1/2 points, if -- if you had taken a little bit of time and gone to Gainesville, I think you could have -- MR. ROSE: Right. This all just came up within the last with two weeks, and they said, well, you can petition the board, and that's what I'm doing today. If this doesn't work out, which apparently it hasn't, I will take time off work, as I am today, go to Gainesville, and still try and pay my bills. MR. DICKSON: That's what you have to do. You have to · understand that everyone on this board had to go through the same thing that you're going through, and we cannot sit up here and rewrite the rules of licensing just because you may have a job coming up. Get licensed and go get the job. MR. ROSE: Yes, sir. MR. DICKSON: That's what we've told you today. MR. ROSE: There was -- I -- I was going to -- Mr. Bartoe had mentioned this to me. I never knew anything about it. Page 23 16G 1 FEBRUARY 21, 1997 He said maybe they can issue you a temporary license with a stipulation that says you will take and pass the test within a certain amount of time and complete my full application. Is there any way that I can do that? CHAIRMAN HAYES: Given extenuating and specific circumstances to review it with that in mind, I would say that might have been a possibility. But the circumstances at hand saying that you just have a job coming up right now and you're ready to go on it and without it you can't do it, I personally don't feel the circumstances to warrant a temporary license. MR. DICKSON: No. MR. ROSE: Okay. I didn't go out and chase this work down or bid it. I was invited by the homeowner to come do their home. I'm not putting anybody else out or ~ndercutting my employers or anything else to get this job. CHAIRMAN HAYES: I think Mr. Beaumont had a possible solution for you, and that was to maybe work a deal with one of the contractors that you're currently working with. Maybe they would be willing to work with you as well. MR. ROSE: Right. CHAIRMAN HAYES: I know in a lot of cases, some of the contractors will work well with individuals that have -- are very eager and aggressive and they feel positive in the business to help them toward being in business. MR. ROSE: Yes, okay. I'll go straighten out my license with Block and Associates. Thank you. Is that all you have for me, sir? CHAIRMAN HAYES: Yes, sir. Thank you. Any more new business? Under old business, we have Courtney Eagleston, sign license. MR. BARTOE: I have an application that he was to get to me -- I'd asked for it by the 10th, did not get it until the 14th, and had to put it together. CHAIRMAN HAYES: Will you state your request for us, sir. MR. EAGLESTON: I'm Courtney Eagleston, and I'm requesting that you grandfather my license to electrical sign contractor. CHAIRMAN HAYES: On what basis? MR. EAGLESTON: On the basis -- well, I was here at last month's meeting, and Gary had to leave. But I had my attorney with me, and he explained what had happened was back in '92 the county ..' commissioners passed an ordinance which contained a grandfathering clause, but I was not told of this by Dick Clark or anyone else. And at that time I was qualified to be grandfathered0 as I am today, and that is why I'm here. And I apologize for not having this to Tom by the 10th, but I had the flu. I've been sick with the flu for about a month now. MR. BEAUMONT: What is -- what is the name of your company now? Page 24 FEBRUARY 21, 1997 MR. EAGLESTON: It's under my name, Courtney Eagleston. MR. BEAUMONT: And the street address of the -- the corporation is on 14th Avenue Southwest. MR. EAGLESTON: Yes. I have my office in my home. MR. PEDONE: Mr. Eagleston, you're saying you were not informed by the county at that time that there was a grandfathering process? MR. EAGLESTON: Yes, sir. And at the last meeting, the board meeting here last month, there was an electrical sign contractor that testified that he was not in -- informed either. MR. PEDONE: Weren't you -- I seem to remember -- I was on uhe board at that time -- that there were a number of meetings being held with electrical sign contractors, and you do look familiar. Weren't you attending those meetings? MR. EAGLESTON: Yes, sir. MR. PEDONE: And so you did know that there was going to be a grandfathering-in process. MR. EAGLESTON: No. It was never -- MR. PEDONE: I remember discussing it. MR. EAGLESTON: See, it was never divulged to anyone that the county ordinance that was passed by the county commissioners contained this grandfathering clause. When Dick Clark gave out this information, he only gave out part of it. He didn't tell anyone that they could be grandfathered in or how to go about doing it. MR. PEDONE: It's -- it's a little hard. Dick Clark isn't here to answer whether he did or not, but having known Dick Clark quite well, I can't believe he would have done something like thau. - MR. BEAUMONT: There was some confusion -- I don't mean to interrupt. MR. PEDONE: Yeah, well -- MR. BEA~4ONT: There was some confusion back then, and I think there still is today as to -- MR. PEDONE: Have you been doing work since then as an electrical sign contractor? MR. EAGLESTON: Yes, sir, since 1988. MR. PEDONE: And so since 1992 to the present, then you have been doing some electrical sign work. MR. EAGLESTON: Yes, sir. MR. PEDONE: And actually you've been doing it illegally, then. MR. EAGLESTON: Well, I've been receiving permits from the county to do it. · MR. PEDONE: The county has given you a Dermit? " MR. EAGLESTON: In fact, Dick Clark signed one of the permits for me. MR. BARTOE: Excuse me. If I could bring something to the board's attention. Mr. -- from what Mr. Eagleston just said -- and I believe he said last month also that the county had been issuing him permits for electrical signs. It came to my attention Wednesday of a couple of electrical signs that he did. I Dulled the permits Page 25 16G 1 FEBRUARY 21, 1997 from the file. These are, I believe, 1994 permits, and it says on the application nonelectrical on the sign permit that we have on file. I pulled up an inspection history, and there have been no inspections, because no one has called for inspections. Therefore, the county does not know that Mr. Eagleston installed an electrical sign. When he said that he -- we gave him permits for an electrical sign, and his application on both of these says nonelectrical. These are both in Kings Lake Shopping Center. MR. GONZALEZ: It's my understanding that when that grandfathering clause came out that it was advertised in the Naples Daily News; is that true? MR. BARTOE: That I cannot tell you for sure, and Paul Bal.:ano has some other information also. We talked with Bob Nonnenmacher, who used to be a licensing investigator at this time back in '92 when Ordinance 92-61 took effect, and he advised that the state -- you could not obtain a license and get registered with the state without a test score. MR. MEISTER: So if I understand this right, he -- he's been applying for permits for signs saying nonelectrical, and then there's been electrical work involved with them? MR. BARTOE: Yes, with, I believe, the two permits that Paul Balzano is passing out now. The paperwork you have there came -- came out of the permit application that's on file at the county, and both of those say nonelectrical; however, they are electrical signs with no inspections ever called for. When were you first issued a license, CHAIRMAN HAYES: Mr. Eagleston? MR. EAGLESTON: - CHAIRMAN HAYES: that time? MR. EAGLESTON: CHAIRMAN HAYES: 1988. Did you take an exam of any form at No. There was none required. So you are asking us to grant you a full electrical sign license with absolutely no examinations whatsoever? MR. EAGLESTON: Well, on my resume, I have six years of electronics training with Burroughs Electronics in Detroit, Michigan. I have electronics education and experience with the Air Force. I have almost 10 years of experience on signs, 20 years as a general contractor. And this -- this permit that Tom is speaking of, during an interim period of time, there were a lot of leeways given to the contractors who were doing the electric signs; and one of them was that if you had an electrician hook up the signs, then you got a nonelectric permit for the sign. That was one of the stipulations. · CHAIRMAN HAYES: With all that experience, " Mr. Eagleston, what is your concern with taking the examination? MR. EAGLESTON: There is none other than the fact that the only people in the county that represent the voters in this county are the Collier County Commissioners, and they're the only ones that are authorized to pass laws. In this case the law was not abided by by development services. They should have notified the contractors that this was available to them. By doing that they took away our Page 26 FEBRUARY 21, 1997 rights. MR. BARTOE: And I might add that Mr. Eagleston went before the Board of County Commissioners in July of '95, and their advice was to take the exam and for staff to assist him, which we attempted to do, and he's never taken the exam. MR. EAGLESTON: I would like to ask Tom if during that hearing before the county commissioners, if he ever spoke up and said they have the right to be grandfathered in. The county commissioners nor did this board know that the law was that we had the right to do it. And you knew that we had the right to do it, but you didn't speak up. MR. BARTOE: Not in 1995 you didn't. You had a hundred and twenty days according to the ordinance. MR. EAGLESTON: Well, if you knew in '92 that the law was -- and was passed by duly authorized commissioners that we had the right to do this, and so did Dick Clark know it, but you did not speak up. Why not? MR. BARTOE: Everybody had the right, and why speak up, because the state wouldn't license you. Mr. Balzano has a list of every other electrical contractor, and they've all taken the test, because the state won't license you without it. MR. PEDONE: I have a question, Mr. Courtney (sic). Were you aware -- at the time when the commissioners did pass the ordinance requiring a license and -- and giving you the opportunity to be grandfathered in at that time, did you know that the commissioners were doing this at that time? MR. EAGLESTON: No, I didn't. And, in fact, in '91 I came before the licensing board, and I was a catalyst in getting this ordinance passed. MR. PEDONE: Then how can you not know what was going on if you -- MR. EAGLESTON: I was never notified, and when I was notified, as the other contractors were, we were only given part of the law -- the law -- the part that Dick Clark wanted us to know. MR. PEDONE: Mr. Courtney, there's an old saying, I believe, in the law: Ignorance of the law is no excuse. You have to -- if you know something is happening, I think it's -- it behooves you to make sure you're on top of it to know what's happening if it affects your business and your livelihood. CHAIRMAN HAYES: Mr. Bartoe, are there any complaints on record, that you're aware of, for Mr. Eagleston's business? Have you ever had a complaint from a contractor or homeowner regarding his nonelectrical signs? · MR. BARTOE: Regarding nonelectrical signs? No. And " what I got Wednesday was an anonymous complaint. In regards =o these electrical signs, the permit says nonelectrical. CHAIRMAN HAYES: Very well. MR. MEISTER: Mr. Balzano, this list that we were passed out here -- MR. BALZANO: Well, we -- you can go into the county computer by contractor's license number, and you can pull up every Page 27 FEBRUARY 21, 1997 permit they pulled. pulled 37 permits. number two, he doesn't pull permits. There was 37 permits in seven years. MR. MEISTER: Is there any way that -- these were all nonelectrical permits? MR. BALZANO: Well, we went through them, and that's where we found a couple -- they're all -- they all say nonelectrical except for one where he listed a -- an electrician that was going to do the work, but that one was never inspected. MR. MEISTER: Did any of his -- did anybody ever check any of these to see if there was electrical involved with these? MR. BEAUMONT: That's what they just said, that did have -- that did have electrical. MR. BALZANO: And we gave a copy of all this about two weeks ago to Mr. Eagleston's attorney who requested all our notes. CHAIRMAN HAYES: One of the signs in question, the permit in question, that we're calling an electrical permit, was 94-1875 regarding Movies on Video. The drawing that was handed to us as well, was that drawing submitted at the time of application? MR. BALZANO: Yes, sir. CHAIRMOtN HAYES: And at the top, right corner it says 'wall sign, nonelectric' right on the drawing? MR. BALZANO: Yes, sir. CHAIRMAN HAYES: And it is, in fact, an electrical sign? MR. BALZANO: Yes, sir. MR. EAGLESTON: The -- as I explained before, the -- during that interim period of time, if you had an electrician to hook up the sign, which I did -- and you have an affidavit there from an electrician that's licensed in Collier County, and he is the electrician that did the wiring on that sign. MR. PEDONE: But why would you write nonelectric sign on a sign that -- MR. EAGLESTON: Because my license said nonelectric; so to -- to comply with what the county wanted, it had to say nonelectric. CHAIRMAN HAYES: And still put in an electrical sign? MR. EAGLESTON: You can install the electric sign as long as you had an electrician hook the sign up. MR. PEDONE: I'd like to make a motion. I'd like to make a motion that we deny Mr. Eagleston his request. CHAIRMAN HAYES: I have a motion on the floor. · MR. NEALE: Gentlemen, what I'd recommend in this " instance because of the -- the fact that this was a fairly extensive public hearing before, is that there is at least some level of findings of fact and conclusions of law, because we are going to have to issue an order on this. So if you would refer to the testimony presented both today and on January 15th and just state that you -- MR. PEDONE: I -- I wasn't here on January 15th. MR. NEALE: Right. But you got -- you got a copy of the If you look at that, Mr. Courtney since 1990 has Either number one, he doesn't do a lot of work, or Page 28 1SS 1. FEBRUARY 21, 1997 minutes there. MR. PEDONE: All right. I'll restate my motion. I'd like to make a motion that Mr. Eagleston be denied his request based on the testimony given today and based upon the record of the minutes of January 15th that he does not meet the requirements and that he should have to take the examination as required. MR. BEAUMONT: I'm going to second that, because when I -- a few years back, they changed the law in reference to fire alarms where I had to take a new test after I'd been doing it for 20 years, and I had to go take the test. So I agree, second. MR. EAGLESTON: Could I say something? The real reason that I'm h~re today is not because I'm not -- I'm afraid of taking the test. The real reason that I'm here today is to try to do -- to instill some democracy back into Collier County government. There's only one body that's representing the people, and that's the Collier County Commissioners. They make the laws, and we abide by the laws. So do all the other people that work for the county, or they should. But when any department decides that they are above that law and they're going to make their own rules, then you do not have a democracy anymore. I -- I have kids, and I have grandkids, and I'm sure you guys do too; and I don't want my grandkids to have to deal with this same problem here. This should have been out in the open. It should have been told to the contractors. These people are put in -- in a position of trust. When they destroy that trust, respect is gone for the government. And I'm asking you-all to stand up and be counted today for democracy and for your children and your grandchildren. That's why i'm here. Thank you. 'MR. PEDONE: Mr. Courtney? CHAIRMAN HAYES: Eagleston. MR. PEDONE: Eagleston. There might have been a problem. I don't know. And maybe if it would have happened six months ago, it would have been different. Where have you been since 1992 when this first -- when this happened? Why is it 1997 before it's coming before this board, number one? And I think the thing that, I guess, gets me the most is that you lied on the permit, and you put down nonelectric when it was an electric, and you knew what it was. So standing up for democracy is one thing. Lying on an application to further yourself and blatantly lying is another. MR. EAGLESTON: Sir, I did not lie. That was part of Dick Clark's agreement with the contractors to allow them to continue to work on electric signs. MR. PEDONE: Then I believe you should have subpoenaed Dick Clark to be here today. " MR. EAGLESTON: Well, I'm not a rich person. MR. PEDONE: It doesn't cost much. CHAIRMAN HAYES: I have a motion on the floor and a second. Yes, sir. MR. PALMER: Tom Palmer, assistant county attorney. would like the board in regard to this matter to make a finding of -- of -- conclusion of law that the county has no obligation -- had no Page 29 FEBRUARY 21, 1997 obligation to notify Mr. Eagleston of the change in the law and the hundred-and-twenty-day window of -- of grandfathering opportunity. And I'd like you to ask the board to make a conclusion of law in -- in your order that, in fact, they had no responsibility to do that. I would also like you to make a finding that the board has -- does not have the authority to grant the relief requested by Mr. Eagleston. The ordinance in question provides a hardship exception in one case only. He's -- he's essentially coming in and asking for a hardship exception. There is a provision for such a thing in tree removal and trimming contractors in our ordinance that expressly allows when a person misses this window of opportunity to grandfather, the board can grant hardship exceptions. No such exception exists for electrical sign contractors. Thank you. CHAIRMAN HAYES: Mr. Neale, I'm not quite sure we can accommodate the request. The -- be it known that today all we have in front of us is a formal application for renewal and not a case in itself. MR. NEALE: Well, we did have substantial testimony last meeting. CHAIRMAN HAYES: It was -- it wasn't in the form of a case as well. It was just a public hearing, if I'm not correct. MR. NEALE: Well, it was heard as a -- as a formal public hearing, as far as I -- CHAIRMAN HAYES: Did we have a case number? MR. NEALE: It didn't have a case number, but we only assign case numbers to matters of violation. And so under our hearing procedure, while we may not have assigned a -- a case number, there is a specific section wherein -- it's under Section 22-184, which we refe~r'to all the time, which is where this board shall take testimony from the applicant and consider other relevant evidence concerning -- regarding whether the applicant meets the requirements of this division and upon evidence presented shall determine whether the applicant is qualified or unqualified. Findings of fact and conclusions of law regarding approval or denial shall be made by the Contractors' Licensing Board. So we can make -- you can make a finding of fact and conclusion of law. There was evidence presented at the last hearing as to what notice had been provided by the county regarding its compliance with Florida Statutes and things like that. So the board, based on the evidence in the record, can make a conclusion of law, and that's why I specifically asked Mr. Pedone to do that before to make sure that -- that we had a conclusion -- conclusions of law. MR. PEEK)NE: So are we adequate at this point with the · motion? -- MR. NEALE: Well, yeah. And if you feel that Mr. Palmer's recommendations are appropriate, I -- I certainly think that -- MR. PEDONE: Then I'd like to -- MR. NEALE: -- would be appropriate to be included. MR. PEDONE: Then I'd like to amend my motion to include that the Collier County Development Services had no obligation to Page 30 16{3 1 FEBRUARY 21, 1997 inform each and every contractor of the ordinance, that it is the duty of the contractor or the citizen to keep abreast of the -- what's happening in his community, and that -- I lost my train of thought as to the last portion -- oh, that the -- that it is not in the scope of this board to be able to grant a hardship for a -- a request that is not covered by our ordinance. CHAIRMAN HAYES: I understand your position, Mr. Eagleston, very well. And as Mr. Beaumont stated, we up here are contractors and have had these occurrences in the past as well. If it has truly caused a -- a hardship, I think we might be able to review it in that respect. But just as a matter of -- of procedure to allow you to avoid the requirements, I'm not quite sure this board, one, has that ability and, two, has that desire. I would -- would hope that you can find it in yourself to have some form of understanding as to our positions. But it is very difficult to just continue blatant avoidance of the law one more time, and that's exactly what I feel this board would be -- would be doing if we granted you your request. It would be to avoid the law one more time. You speak of a democracy. Avoiding the law on either side is not living up to a democracy. I am quite concerned with that. Do we have any further discussion? We have a motion on the floor. Do we have an amended motion? MR. PEDONE: Yeah, I made an amended motion. CHAIRMAN HAYES: I need an amended second. MR. BEAUMONT: Amended second. CHAIRMAN HAYES: All in favor? -O1Dposed? (No response) CHAIRMAN HAYES: Very well, Mr. Eagleston. MR. EAGLESTON: Thank you. MR. NEALE: Mr. Chairman, I'd recommend we take a break between now and the public hearing. CHAIRMAN HAYES: That's not a bad idea. MR. DICKSON: How long? CHAIRMAN HAYES: Ten minutes, ten-minute break. Be here approximately 20 minutes to 9 (sic). (A short break was held.) (The meeting was reconvened, Mr. Beaumont being absent.) CHAIRMAN HAYES: May we reconvene these proceedings. I have a public hearing, Contractors' Licensing Board No. 97-002, James West versus Robert Koert, d/b/a Allsafe Shutters. · MR. PALMER: Good morning, Commissioners. Thomas " Palmer, assistant county attorney, handling things on behalf of staff today. You should have before you a folder called Collier County versus Koert, Contractors' Licensing Board No. 97-002, and on the first page is a summary of the parties involved, a table of contents. And the case summary before you on about the fourth page very succinctly states what this case is about. Mr. -- Mr. West is here to testify today, and he will Page 31 FEBRUARY 21, 1997 testify that he entered into a contract with this contractor to install some shutters on a patio of a single-family residence at 538 Roma Court, and that the contractor installed the shutters, not done in a workmanlike manner. The contractor came out approximately 15 times to try to solve the problem. The problem was not solved. We think that the compelling evidence is that Mr. West has photographs he took in November of 1996, 24 photographs, which show the current condition of the installation. We think that these -- these show compelling evidence that this work was not done in a workmanlike manner and, in fact, the ordinance has been violated. The ordinance provision that we're -- we're talking about specifically is failure to pronptly correct faulty workmanship set out fn Section 4, dash, 1, dash, 10 of the ordinance, and that's Ordinance No. 94-34. Mr. West is here to testify today, and I believe -- I'm advised that there are three representatives of the respondent here today. I think Mr. Koert is here. I think a Mr. Ainscough is here, I believe, to be the owner; and the third individual I don't -- has not been identified to me. And that -- that is what the -- the county will -- will prove to you folks here this morning. M~. NEALE: Just as a reminder of the regular procedure so we've got it on the record is normally the procedure is each side makes their opening statement~ then the county or the -- the plaintiff will put on their case with their evidence and witnesses; then the respondent would put on their case; then they make closing ~tatements~ and then the board will deliberate from there. That's the procedure of this board as normally set forth. CHAIRMAN HAYES: May we, then, hear from the respondent. Your name, sir? -MR. KOERT: Robert Koert. CHAIRMAN HAYES: I'd like to have him sworn in, please. (The speaker was sworn.) CHAIRMAN HAYES: Mr. Koert, all we're requesting from you at this point is a short summary of your case. MR. KOERT: Ail right. E-27 was the first letter sent out; then a return letter came that's -- CHAIRMAN HAYES: Mr. Koert, I just need a summary, just a quick summary at this point in time. You have been brought before this board with a complaint that you refused to return to repair improper work. MR. KOERT: I did not refuse to return to repair the work. CHAIRMAN HAYES: You have returned to repair work? MR. KOERT: Yes, sir. · CHAIRMAN HAYES: Is the work repaired in your opinion? " MR. KOERT: Not right now. CHAIRMAN HAYES: How long have you been -- MR. KOERT: It's been stopped. That's what these last three letters are. CHAIRMA/g HAYES: How long has this been going on? MR. KOERT: Well, the original job was in '94. CHAIRMAN HAYES: And you've worked since '94? You've Page 32 come and tried to repair the job since '94, and you're still, in 1997 MR. KOERT: We -- we have sent people out to repair it, yes. CHAIRMAN HAYES: Very well. MR. KOERT: The company was owned by Bob Schuster at the time that this work was done. It is now owned by Joseph Ainscough. All we care about is who is the qualifying MR. DICKSON: license -- MR. KOERT: MR. DICKSON: MR. KOERT: MR. DICKSON: I'm the qualifier. Were you -- were you the qualifying -- I was the qualifier then. -- license holder at the time of the installation? Were you the qualifying license holder at the time of the installation? MR. KOERT: Yes, sir. MR. DICKSON: Are you the qualifying license holder now? MR. KOERT: Yes, sir. MR. DICKSON: Thank you. CHAIRMAN HAYES: That's all I need at this point, I believe. Mr. Palmer, you want to continue with your case, sir? MR. PALMER: Yes, sir. Unless there's a way to resolve it by some sort of stip -- CHAIRMAN HAYES: Mr. Palmer, I'm sorry. You need to come up to the mike. MR. PALMER: Unless there's a possibility the parties amicably settling the matter here before the -- the case proceeds, I'm prepared to -- to present the case. CHAIRMAN HAYES: Is there a possibility of resolving this before we continue with the hearing? MR. KOERT: Well, the company said they would replace the shutters. CHAIRMAN HAYES: Replace the shutters? MR. KOERT: Replace -- we sent them a letter to say that we will replace all three shutters, completely replace them. CHAIRMAN HAYES: Do we have a letter stating that in our case file? MR. PALMER: Mr. Hayes, there is a letter in the file -- MR. KOERT: E-27. MR. PAI24~R: -- that -- in that regard. It's Item No. E-27 dated December the 6th, 1996, back -- fairly well back in your · file. " MR. NEALE: Excuse me. Just as a matter of record, if we could have the Exhibit A moved into evidence so that we can have that as part of the record. MR. PALMER: Well, I move, then, that since it's, in effect, been -- been brought up by the respondent, I don't think there's any dispute about its -- its authenticity. So we would move that Exhibit E-27 in your folder be formally admitted into evidence in Page 33 FEBRUARY 21, 1997 this record. MR. NEALE: Why don't we just move in the whole composite exhibit? That's the easiest way. MR. PALMER: Well, if there's no objection, we can do that. Is there any objection to -- MR. KOERT: No. No objection. MR. PAI24ER: Okay. Then I move the entire file into evidence. MR. NEALE: Marked for -- marked for identification as Composite Exhibit A. CHAIRMAN HAYES: Do we have a motion to approve Exhibit A into evidence? MR. MEISTER: I make a motion we -- CHAIRMAN HAYES: You make a motion? MR. DICKSON: I second his motion, yes. CHAIRMAN HAYES: I have a motion and a second to admit this into evidence. Ail in favor? Opposed? (No response) CHAIRMAN HAYES: Very well. Continue. MR. PALMER: For the record I would like -- that document consists of a -- a series of papers from E-1 to E-48, includes a number of color photographs, 21 color photographs, as part of that exhibit. The letter is -- obviously says that they will replace shutters -- they will fabricate new shutters, and I don't think anything material -- and Mr. West can testify to this -- anything material has transpired in -- in response to this letter. That's wher~ we are. The matter, in fact, has not been resolved. We are not charging this individual with not coming out. The -- the exact charge is failing to promptly correct faulty workmanship. Irrespective of a number of trips, we're saying that, in fact, the faulty workmanship has not been corrected. That's our -- that's the heart of our case. CHAIRMAN HAYES: I understand that, and I would assume since this letter was dated December the 6th, then the Wests actually are not willing to abide by the letter. MR. PALMER: Certainly Mr. West can testify as to his position in regard to this letter. CHAIRMAN HAYES: Well, the point being is that if we're not going to resolve this by virtue of the fact that the respondent has willfully offered to compromise, then we might -- might as well continue with the case. MR. PALMER: Yes, unless they can come to an agreement · beyond the letter here this morning by some sort of a settlement " agreement. But absent that, I guess we should proceed. CHAIRF~%N HAYES: Very well. MR. PALMER: Do you have anything further to say, Mr. Koert? MR. KOERT: Well, the answer to that letter is E-25, 26, which is the letter he sent back to us. MR. PALMER: Actually, E-25 and E-26 is a letter dated Page 34 16G 1' FEBRUARY 21, 1997 December 31, 1996, from a Michael Pinter of a law firm called Pinter, Shapiro & Wilbers written to Mr. West -- MR. NEALE: I think he's probably referring to the -- MR. PALMER: -- and is not a response by Mr. West at all. CHAIRMAN HAYES: I think he's probably referring to E-23, 24. MR. KOERT: E-23, 24, yes. CHAIRMAN HAYES: I would suggest, Mr. Palmer, that you would call your witnesses at this point. MR. PALMER: All right, fine. Mr. West, please. And would he please be sworn. MR. NEALE: Mr. Koert, would you just take a seat for a moment. (The speaker was sworn.) DIRECT EXAMINATION OF JAMES WEST BY MR. PALMER: Q. Mr. West, would you identify yourself, your name, and address to the board members. A. My name is James West. I live at 538 Roma Court, Naples. Q. Mr. West, do you have in front of you a folder that has just been admitted into evidence consisting of a number of exhibits, E-1 to E-487 A. Yes. Q. I'd like to refer you down an exhibit -- through here to what is E-4. It isn't marked -- yes, it is. It's marked in the lower left-hand corner -- purports to be an agreement dated July 1, 1994, and ~sk you if you can identify that document. A. That's the original contract for the job. Q. For this particular shutter work? A. Yes. Q. Okay. Is that -- A. With Allsafe. Q. Is that the contract under which the work was performed? A. That's correct. Q. Were there any written modifications to this contract? A. None. Q. Just briefly, is Exhibit E-6 through E-8 a compilation of some -- of events that happened in regard to this matter? A. Yes. It's a log I started after I found out that, apparently, they weren't going to be able to correct it. Q. Ail right. I won't go into any details, but this is, · basically, a -- your compilation -- " A. That's correct. Q. -- your current compilation of the events? A. That's correct. They were out 15 times. Q. And does that -- does that apply also as to Exhibits E -- E -- typed pages E-10 and E-117 A. Yes. Q. Ail right. In regard to -- is E-12 and E-13 and E-14, Page 35 FEBRUARY 21, 1997 just for identification, written by you in your hand that shows the -- the -- the concur -- the concurring events? A. That's correct. Q. All right. And E-15, is that return receipt for some materials sent to Allsafe Shutters? A. Yes, Mr. Joseph Ainscough. Q. All right. Do you have before you 24 colored photographs? A. I don't -- I don't think I have the 24. I have the latest ones. I think the other ones -- Q. All right. A. I don't know the total number here. It -- it may be -- Q. Let me ask you, are -- do those photographs accurately represent the current existing condition of the shutters that we're discussing here today? A. That's correct. That's the way the job was left the last time they were out and abandoned the job. Q. Did you take those photographs? A. Yes, I did. MR. PALMER: I would like to have those photographs entered into evidence as a composite exhibit. CHAIRMAN HAYES: They are part of the -- MR. NEALE: Yeah. CHAIRMAN HAYES: -- original exhibit? MR. PALMER: No. These are in addition to what the -- the 21 that are in -- in your folder that are E-28 through E-47. These are more current. BY MR. PALMER: Q.- Is it your testimony that these photographs show the currently existing condition of the work involved here? A. That's correct. MR. NEALE: How many total photos was that, Tom? CHAIRMAN HAYES: I need a motion to approve the admission of the additional pictures as Exhibit B into evidence. MR. PEDONE: I make a motion. MR. DICKSON: Dickson seconds. MR. PALMER: I'd like -- the respondents would like to see the pictures, which is no problem at a11. And if you'd like to ask any questions on the photographs, you may. BY MR. PALMER: Q. When -- when -- what was the date that you took the pictures that we're discussing? A. 11/26/96, the day they abandoned the job. ..' Q. Did they come out a number of times to atteml~t to correct the work? A. I have a record of 15 times when I've started, but that was quite a ways into the job. They -- they came out prior to that. Q. But notwithstanding that, these photographs show the present condition? A. That's correct. Q. And is your position that the work has not been Page 36 16G 1 FEBRUARY 21, 1997 corrected? A. That's correct. HR. PALMER: That, in essence, is -- is our case. Once -- but I want to have -- the respondents an opportunity to raise any objection to the admission of the new photographs, if they have any. I'm saying if you have any objections to the admission of these photographs taken on November -- November the 26th, I'd like you to, you know, present it for the -- for the board. CHAIRMAN HAYES: If you have objections and wish to be entered into the record, you're going to have to step forward. HR. PALMER: Sir, would you identify yourself and -- and be sworn in before you testify. HR. HORSTEAD: Dane D. Horstead. (The speaker was sworn.) MR. DICKSON: First of all, would you tell us, what is your function with Allsafe Shutters? HR. HORSTEAD: I've been with Allsafe Shutters since the original day that the -- the company was founded. HR. DICKSON: And what is your position? MR. HORSTEAD: Pardon? HR. DICKSON: What is your position? MR. HORSTEAD: I've basically done a little bit of everything there including building the shop. I manufactured the shutters in the shop. I've done service work. I do a lot of installation work. HR. DICKSON: Let -- let me be more specific. What is your percentage of ownership? I do not have an ownership. So they would call you a manager; is that HR. HORSTEAD: -MR. DICKSON: correct? HR. HORSTEAD: HR. DICKSON: MR. HORSTEAD: My title is production manager. Thank you, sir. I have been to Mr. West's on many occasions. As he says, we've been out many times. At least four of those occasions, we've been out there with representatives -- the ownership of the company and manager and president. HR. DICKSON: Right now if you would, just address the photographs that they want to introduce. HR. HORSTEAD: Okay. Well, as -- as far as the photographs are concerned, the last time we sent a man out to work on the shutters, he dropped a shutter, and it scratched this shutter, and Mr. West asked him to leave at that point. He had no chance to button this up, to finish it. · HR. DICKSON: So that's your only comment to make on those photographs being introduced? HR. HORSTEAD: Well, I think it's a major comment and major point to make is that the man was asked to leave and was not allowed to -- to cover it. HR. DICKSON: Are those photographs of the location, though, at this home? They're true and correct of -- HR. HORSTEAD: To the best of my knowledge, it appears Page 37 FEBRUARY 21, 1997 to be. MR. PkLMER: I'd move the admission -- have it marked as an exhibit and be moved into evidence. CHAIRMAN HAYES: We have a motion to -- on our floor to admit them as Exhibit B. I need a second. MR. MEISTER: Second. CHAIRMAN HAYES: Ail in favor7 Opposed7 (No response) CHAIRMAN HAYES: Very well. Continue, Mr. Palmer. MR. PkLDIER: I'd like the board to take a look at those. I think those are -- are compelling evidence that, in fact, this work has not been corrected in a workmanlike manner, irrespective of the number of times that the contractor has Gone out and attempted to -- made, we assume, good-faith attempts in some respects. But, apparently, it -- in spite of 15 efforts, I think the photographs adequately show that the work has not been corrected, in fact. And the -- the ordinance talks about whether or not the work -- unfaulty workmanship has, in fact, been corrected. And we think that those photographs conclusively show that that's not been done and that, therefore, the contractor has violated the contract and the ordinance. MR. WEST: Could I make a comment7 MR. PALMER: Yes, sir. MR. DICKSON: I'd like to ask him questions. MR. WEST: The gentleman's last reference to me asking him to leave -- telling him to leave the job is incorrect. Me dropped the shutters, scarred the shutters all the way down, and I said, 'You've scarred these shutters." 'CHAIRMAN HAYES: Sir, you're speaking to the board. MR. WEST: I'm sorry. I'm -- he dropped -- he dropped the shutters, and I went out -- he was -- to begin with, he was -- had a hammer, and he was driving the shutter slats in with a hammer. And I said, 'What are you doing?' He said, 'Some of these don't quite fit right.' And I said, 'Does it take a hammer to do that?' And he said, 'Yeah.' And he says, 'Could you raise the shutter up a little bit?" So I raised it up. He took some slats out, took his hammer, beat on things again. And I said, "What in the world are you doing?' And he said, "Well, these things just don't fit right.' And he raised the shutters up and dropped it. And I said, 'You've scarred this all the way down on this side.' He said, "That's nothing. It's scarred on this side too. You got what you wanted, new shutters," picked up all his tools and left, and nobody from Allsafe has been to the job to even look and see what the condition was. So I think his statement is incorrect. I don't know where he got it, but he was under oath. " CHAIRMAN HAYES: Thank you, sir. MR. PALMER: Of course, that's our case in chief, and subject to a presentation by respondent, we'll make a closing argument to the board. CHAIRMAN HAYES: Thank you, sir. Mr. West, would you -- I'm sorry. MR. NEALE: Mr. Koert. Page 38 · · 16G ! FEBRUARY 21, 1997 CHAIRMAN HAYES: Mr. Koert, would you come back, please, sir. Would you state your position in all of this. MR. KOERT: I'm the qualifier for the company, and I -- I have worked with Robert Schuster, who owned the company previously, and Joseph Ainscough. I've been to Mr. West, and I've been with all three. I've been with the building department, and I've talked to them, and I've tried to resolve it. I finally got Mr. Schuster and Mr. Ainscough together and made up this deal where we would go ahead and give him three brand new shutters and get this thing over with and off our back. They put this letter together, sent it to them, and then the letter came back, which you have in front of you there, and -- and that's where it's all stopped. The attorney says don't go any farther, don't go back over there, don't do anything, and they'd -- they'd handle it from there. And that's where it stood. But we were willing -- I -- I had him agree, and I had Mr. Schuster agree to go ahead and put in three brand new shutters. CHAIRMAN HAYES: Mr. Koert, who is him? MR. KOERT: Mr. Ainscough. CHAIRMAN HAYES: And what does he have -- MR. KOERT: He is the owner -- CHAIRMAN HAYES: -- to do with the case? MR. KOERT: He's the owner of the company. CHAIRMAN HAYES: He's the owner of -- MR. KOERT: He's the owner, and before him it was Robert Schuster. Robert Schuster owned the company when they installed the shutters. CHAIRMAN HAYES: Is Mr. Schuster here? MR. KOERT: No, sir. - CHAIRMAN HAYES: You were the qualifying agent for the company -- MR. KOERT: Yes, sir. CHAIRMAN HAYES: -- but you didn't own the company? MR. KOERT: No. CHAIRMAN HAYES: Very well. Were you on the jobs at all? MR. KOERT: Every once in a while I'd go to a job, mostly not. CHAIRMAN HAYES: Were you able to -- were you financially obligated in the company in any way? Did you -- MR. KOERT: No. I have no money in the company. CHAIRMAN HAYES: Have authorization to sign checks? MR. KOERT: No. I imagine I could have been if I -- I wanted to, but I -- I don't care to -- CHAIRMAN HAYES: I understand. MR. KOERT: -- get into the financial part of it. CHAIRMAN HAYES: What's your -- what was your obligation to the company other -- or what was your agreement with the company? MR. KOERT: Just to keep the company qualified and get it started up. CHAIRMAN HAYES: In other words, they were just using your license -- Page 39 1 FEBRUARY 21, 1997 MR. KOERT: Yes. CHAIRMAN HAYES: -- to qualify the company? MR. KOERT: Yes. CHAIRMAN HAYES: And they're currently using your license to qualify the company? MR. KOERT: Yes, sir. MR. MEISTER: Did you get reimbursed for -- MR. KOERT: Yes. CHAIRMAN HAYES: Is it a written agreement of any kind? MR. KOERT: Yes. I have a -- I had a letter with Mr. Schuster. MR. DICKSON: Are you being paid for this? MR. KOERT: Yes. MR. DICKSON: How much do you receive? MR. KOERT: $285 a month, which is next to nothing. MR. DICKSON: As long as you qualify the company? MR. KOERT: Yes. MR. DICKSON: Yet you had no -- MR. KOERT: I had something to do -- in the beginning I was going to be a partner in the company, and we found out it kept costing more and more and more to get it started, and I didn't have that kind of money. So I said, I'll qualify you and keep it going and help it grow, and that's what I've done. And the company is a good-sized company now. It's growing very well. MR. DICKSON: Where -- where is your license? Collier County? MR. KOERT: Yes, sir. MR. DICKSON: How long have you had that license? -MR. KOERT: Since '76. MR. DICKSON: '76, and that's current today; is that correct? MR. KOERT: Uh-huh. MR. DICKSON: Were you grandfathered in? MR. KOERT: No. I took a H & H Block (sic). MR. DICKSON: You took a Block test? MR. KOERT: Uh-huh. MR. DICKSON: But you have no control of the manag~ment of this company; correct? MR. KOERT: I oversee some of it. I come in every morning -- most every morning and make sure things are going all right, and the company's growing very well. MR. DICKSON: Thank you. MR. KOERT: It's a very good company. · MR. DICKSON: I might say it's not properly licensed. " MR. KOERT: Because I don't have ownership? CHAIRMAN HAYES: You are in violation of our ordinance. MR. DICKSON: You are in serious violation. CHAIRMAN HAYES: Serious violation. MR. KOERT: Okay. CHAIRMAN HAYES: You and the owner. May I ask at this point, then, the job was -- when -- when was the job supposedly Page 40 FEBRUARY 21, 1997 completed? MR. KOERT: In '94. CHAIRMAN HAYES: In '94. You originally contracted in July, I think, of '94 to do the Job, a~d it was completed sometime thereafter? MR. KOERT: Right. CHAIRMAN HAYES: When was the first time you were contacted that there was something wrong with your completion? MR. KOERT: The first time I was told about it was probably six or eight months ago. CHAIRMAN HAYES: Okay. And prior to that, was the contract paid for in full? MR. KOERT: Yes. CHAIRMAN HAYES: The job was completely paid for and, therefore, with the exception of minor, perhaps, questions and concerns with returns, accepted as a completed project? MR. KOERT: Yes. CHAIRMAN HAYES: And sometime after that in '94 is the first time that Mr. West approached Allsafe with the complaint of faulty workmanship? MR. KOERT: Yes. CHAIRMAN HAYES: Do you have that on record? }~. KOERT: I don't think so. The manager of the company then was Bill -- Bill Justice, and he had all of that. CHAIRMAN HAYES: And who's -- the company owner's name today? MR. KOERT: Joseph Ainscough. That is Joseph (indicating). -MR. DICKSON: Can I ask a question of county legal, Mr. Chairman? CHAIRMAN HAYES: Yes, of course you can. MR. DICKSON: Mr. Neale? MR. NEALE: Yes. MR. DICKSON: How many violations -- or can you recap the violations that we've heard testimony to thus far in licensing, or do we need to bring that into the issue? MR. NEALE: Well, they -- it appears from the testimony made by Mr. Koert that they are in violation of Section 22-182, which is the section of our ordinance which sets out the requirements for a certificate of competency to be granted either to an organization or an individual. Specifically, in qualifier information, Section 12-L, which states that the -- one of the things that must be provided on an application for a certificate of competency is proof that the · qualifying agent is legally qualified to act for the business " organization in all manners connected with its contracting business, and that said qualifying agent has the authority to supervise construction undertaken by such business organization, period. Proof that a qualifying agent is legally qualified to act for the business organization includes, but is not limited to, authority to sign checks for the business organization, training and supervision of employees, hiring and firing of employees, or other Page 41 16G I FEBRUARY 21, 1997 actions indicating active involvement in the business organization. And I believe that's what you were -- you were asking. MR. DICKSON: Is there not -- is there anything in there about being paid to qualify a company? MR. NEALE: There's nothing specific about that. I think the more relevant matter is the -- the active involvement, which I know is always a -- a major concern of this board whenever we're looking at qualifying a second entity. CHAIRMAN HAYES: I think there's a Florida Statute that comes into play on selling the usage of one's license -- MR. NEALE: I believe it does. CHAIRMAN HAYES: -- and I think that's what Mr. Dickson's alluding to. MR. NEALE: Yeah. And I believe -- CHAIRMAN HAYES: However, in our -- MR. NEALE: -- that is in a statute, and I -- I'll see if I can find that in the statute. CHAIRMAN HAYES: However, in our Collier County ordinance, I don't think that is a specific issue as it is the direct involvement. I think I -- I see two concerns. I don't know how far we can go on this board, but you are admittedly in violation of the Collier County ordinances by qualifying improperly a business entity. However, my concern is, initially, that -- the concern with the -- Mr. West. My -- my major concern here is that in some instances we find that an individual cannot be pleased no matter how hard you try, and I wish to, hopefully, prove beyond a doubt in our mind that that is not the case today. 'My concern is that if there were, in fact, workmanship -- faulty workmanship situations other than nit-picking situations and you were attempting to repair those and leave the job, in your mind, as a completed, properly installed -- proper installation, then that's -- my concern now is, was it a substantially completed and proper installation at the time of completion; or was it, in fact, left incomplete or defective at that time requiring some initial visits? Do you remember the initial visits that you returned back to the job or that your company that you qualify returned back to the job? MR. KOERT: Well, it was completed -- complete and done and paid, and he paid after he accepted the work. Now, after that there -- there became problems with the shutters. CHAIRMAN HAYES: And what were those? MR. KOERT: It started out to be just black marks at the ..' top. CHAIRMAN HAYES: And what would you suggest brought those black marks on? MR. KOERT: The rollers that roll -- they're roll-up shutters. CHAIRMAN HAYES: Is that a standard problem with the roll-up shutters? MR. KOERT: Yes, it is. I -- I really don't know of Page 42 16G 1 FEBRUARY 21, 1997 hardly any shutters that don't have black marks at the top, including ~y ow~. MR. PEDONE: My don't. MR. KOERT: Well, mine do, and they were put on by another company. MR. PEDONE: Mine -- mine don't, and they were put on by a different company. MR. NEALE: Just in the interim here, I'd like to respond further to Mr. Dickson's question. Under Section 22-201, Subsection 1, there's a statement that when a certificate holder allows a certificate to be used by one or more companies without having any active participation in the operations, management, and control of such companies, such act constitutes prima facie evidence of an intent to evade the provisions of this article. And I think that's what you were -- you were looking for. MR. KOERT: I still work there. CHAIRMAN HAYES: Very well. So the -- the first time that you heard of complaints from the homeowner was the black marks at the top. What did you do to try to correct those? MR. KOERT: We sent Dane out onto the job. CHAIRMAN HAYES: And? Just sent him out? MR. KOERT: And he -- he did some work there to try re. correct it. CHAIRMAN HAYES: May I ask what kind of work he did. MR. KOERT: He would have to answer that for you. I don't know. I think he installed some inserts. Come on up here. MR. DICKSON: Can I ask -- oh, you want -- go ahead with that one. CHAIRMAN HAYES: Yeah. I -- my point is that -- I'm trying to get to the -- get to, at what point did it start to be ridiculous? If you went out and you tried to correct the roller marks, were they correctable? Stand up, please, sir. MR. HORSTEAD: We could not -- with the -- the marks that were on there -- this is a metal slat. It's an extruded aluminum slat with a painted surface. There were some marks on it. We tried to clean them as best as possible. I inserted some pieces of PVC pipe which were cut to inch-wide sections shaped like the letter C, snap~ed them over the reel to lift the shutter off of the galvanized reel in order to keep the slat from rubbing against the galvanized reel. We also at that point contacted our supplier, which is Eastern Metal Supply, and told them we were having problems with the paint. This has been from the day one about the paint. We had ..' replaced the slat, and this is not all in one visit, by -- by any means. We have replaced the entire slat for the shutters once. We have replaced the top portion, approximately 20 slats, because this is where all the -- the paint problems is, is at the top. CHAIRMAN HAYES: Okay. My question is, so admittedly yourself you're saying that there were some defects that needed attention? MR. HORSTEAD: Yes. Page 43 16G FEBRUARY 21, 1997 CHAIRMAN HAYES: Honest-to-goodness defects? MR. HORSTEAD: Yes. And we got the manufacturer involved. Eastern Metal Supply came out to Mr. West's. They agreed to replace the slat at their cost. They gave Mr. West a letter saying that the slat that was now in place would not flake or chip. There is continuing to be problems with the paint, but EMS has taken the position that that is wear. CHAIRMAN HAYES: Thank you. That's -- that answers my question. Mr. Dickson, you had something further? MR. DICKSON: Yeah, for anyone that wants to answer. In fact, the letter is dated to -- I assume who is the owner in the back of the room right now, Mr. Joseph -- how do you pronounce the last name? MR. KOERT: Ainscough. MR. DICKSON: Ainscough. I'm looking at a four-to-five-page letter here starting on E-6 in the documents that were admitted into this case of a long list of calls and responses and things that have gone on for almost a year and a half, close -- well, really, two years. Do you know -- have you seen this list? Do you know what I'm talking about? Would you like to make a response to this? Is it valid? Do you disagree with it? MR. KOERT: I really don't know how to make a response to it. MR. DICKSON: Would you like to have point-blank questions that you can answer? MR. KOERT: What -- what I really tried to do was just resolve it and put in three brand new shutters. CHAIRMAN HAYES: For two years. - MR. DICKSON: Well, let me ask you this: Did you-all fail to return phone calls? MR. KOERT: I'm sure there were some that were not returned. MR. DICKSON: Did you schedule repair visits and not show up? I don't care which one of you gentlemen answers this. MR. HORSTEAD: Okay. The nonreturned phone calls were from Mr. Justice. They were made from Mr. West to Mr. Justice, and Mr. Justice completely blew him off. It was improper. MR. DICKSON: Who is Mr. Justice? MR. HORSTEAD: He was the manager of the company prior to Mr. Ainscough buying the corporation from Mr. Schuster. And as soon as Mr. Ainscough took over the corporation, we dismissed Bill Justice entirely. MR. DICKSON: Okay, because -- let -- let me just ..' summarize what -- I'm going here, and I want a response from you. MR. HORSTEAD: Sure. MR. DICKSON: We're all in -- in contracting up here. MR. HORSTEAD: Yes. MR. DICKSON: We all have a whole lot of competition that does somewhat poor workmanship and wear the people out trying to get them back, and we end up correcting that bad workntanship, and people pay for more than they should have. I just want to know, is Page 44 · ' 16G 1' FEBRUARY 21, 1997 that the -- is this the way you guys operate? MR. KOERT: No. MR. HORSTEAD: Not at all. We've made every attempt when we had communication with Mr. West. There was about an eight- or nine-month period where there was no communication, and then we got this letter that had been -- a copy has been sent to the state attorney general and whatever, and we got reinvolved in it. And myself, I can only do what my boss tells me to do. But I have gone out and replaced -- some of these slats on this shutter have been replaced three times in addition to the original; so that makes four slats. We can't change slats every time there's a complaint about paint. As the shutter rolls -- now this is an extruded aluminum shutter, and it's approximately 30 feet long, several shutters next to each other, and they -- they will weigh 2 pounds a square foot by the -- the height, you know. We got some 350-pound shutters here. The first few slats -- as they roll up on the reel, there's very little weight on them. As it picks up the entire shutter -- now, the first few slats that are on the reel are not perfectly round. They're -- first of all, they're on a hexagonal reel. They don't have that much weight on them. Now they start to slip, and what it's doing is it's wearing the paint as one slat rolls against the next. MR. DICKSON: Let me ask -- MR. HORSTEAD: And there's nothing in this world -- ~R. DICKSON: Let me ask you this -- and I understand what you're saying. Then is it a safe assumption to say that all extruded aluminum shutters that roll up like these shutter~ do, all of them will scratch, have scratches on them~ is that correct? -MR. HORSTEAD: Yes, sir, it is. MR. DICKSON: And every installation that you install like this has scratches; is that correct? MR. HORSTEAD: Yes. As a matter of fact, we've replaced slats for, I believe, 15 customers, completely changed out their slats. MR. DICKSON: And you were paid for it? Is that what you're saying? MR. HORSTEAD: Pardon? MR. DICKSON: And you were paid for that? MR. HORSTEAD: No, we were not. We ate that. We've made every attempt to try and satisfy this. I would like to further comment on a statement I made earlier. I was told by the gentleman that was out to see Mr. West the last time that he was asked to leave. MR. DICKSON: Okay. So you don't know if there were any ..' MR. HORSTEAD: I was not present. I was present when he reported back to the company. MR. DICKSON: Okay. That's all I have, Mr. Chairman. CHAIRMAN HAYES: Any other questions at this time? MR. NEALE: Just a note on that piece of testimony as -- you know, making it clear for the record that, as always, the -- while hearsay is acceptable in this board, it cannot be the sole basis for Page 45 · ' 16G FEBRUARY 21, 1997 any decision here. CHAIRMAN HAYES: Do you have anything further to say, Mr. Koert? MR. KOERT: No, sir. CHAIRMAN HAYES: Do you have a -- MR. AINSCOUGH: May -- may I speak? CHAIRMAN HAYES: Yes, sir, you sure may. (The speaker was sworn.) MR. AINSCOUGH: My name is Joseph Ainscough, and I purchased the company from Robert Schuster in November of '95. There's a letter in the file outlining the fact that I purchased the assets of the company and not any of the warranty work, which was to be continued on by Mr. Schuster. For the most part, Mr. Schuster has not honored -- actually, he has not honored that agreement at all, and I have carried on the warranty work. I will, in time, try to be reimbursed by Mr. Schuster, but I had to continue on to do the warranty work. Every single day there's a motor gone; there's some sort of a problem. It's just part of the business, and I accept that. And it has cost me a great deal of money, and I will continue to do that. I will also continue t9 try and do something that will make Mr. West happy. When the chap that was there last -- I don't know that he was asked by Mr. West to leave, but I do know that Michael Ossorio did phone me personally and told me to stop, that they were going to proceed with this through the board; and that was the last time that anything was done. The letter that was sent by the attorneys offering to change out the slats and -- they felt that the letter received by Mr. West was unreasonable. I still am prepared to go i~to whatever it takes to make this thing right. I would also like to ask one question of yourself, sir. Your shutters that you have that don't mark, are they PVC, or are they MR. PEDONE: They' re aluminum. MR. AINSCOUGH: Foam-filled aluminum. MR. PEDONE: Yeah -- no. No foam. MR. AINSCOUGH: Extruded aluminum? MR. PEDONE: Yeah. MR. AINSCOUGH: I'd like the opportunity some day to have a look at them, please. MR. PEDONE: You can. MR. AINSCOUGH: Now also, one thing came up here about the possible violations. If there's anything being violated, I would promise the court -- the board now that whatever it takes to rectify..' that, I will rectify that. And actually, in fact, this morning I offered Mr. Koert a full-time managership of the company to enable me to get out and achieve more business through sales. That's pretty much all I have to say. CHAIRMAN HAYES: What's your annual volume would you suggest in 1996, gross volume? MR. AINSCOUGH: 750,000. CHAIRMAN HAYES: How many employees do you have? Page 46 FEBRUARY 21, 1997 going to be licensing of these two corporations. Did we change the name on the license? HR. AINSCOUGH: Yes, sir, it is changed on the license. HR. DICKSON: I'm asking the county. HR. AINSCOUGH: I'm sorry. HR. BARTOE: I don't have the folder. I have no idea. HR. DICKSON: You don't know what the licensing of -- when did this purchase take place? HR. AINSCOUGH: November '96. HR. DICKSON: November '96. Has he changed names -- HR. AINSCOUGH: Sorry. Sorry. November '95. HR. DICKSON: '95. HR. BALZANO: You're asking the wrong person. It's their case. We don't know about it. HR. OSSORIO: Michael from Collier County code enforcement, Michael Ossorio. They did change their -- their license number. CHAIRMAN HAYES: So it is currently listed in the new company's name? MR. OSSORIO: Yes. MR. DICKSON: We got a problem now. What happened to the old corporation? HR. AINSCCOGH: It was dissolved, to my knowledge. CHAIRMAN HAYES: I think his admission of liability and extent of effort to try to repair is commendable, actually. Technically, according to the law, the way I would suggest is that the problem lies in the old company, not in the new company. And I don't -- I can't speak for the true legal -- -HR. DICKSON: The only problem is we're looking at -- the qualifier of both is the same. CHAIRMAN HAYES: Yes. The -- that's my point. The company is one issue, and the qualifying agent is another issue. HR. NEALE: The -- the actions of this board, really, can only be taken against the qualifying agent, not against the corporation. Further, this gentleman is not, according to his representations -- we don't have any evidence in the record other than his testimony, but according to this gentleman, he purchased assets only, not liabilities. The liabilities remain with the old corporation, which to the best of knowledge we have, has been dissolved leaving these liabilities outstanding. As you say, the -- you know, as I note, this board's action is -- can only be against qualifiers. It cannot be against corporate entities. CHAIRMAN HAYES: That's my concern at this point. I -- ..' we -- our action will strictly have to be in reference to Mr. Koert. However, I'm concerned with just what that action might be. I -- I am satisfied at this point that there was some clear workmanship problems in the original job. HR. DICKSON: Can -- can we ask Mr. West some questions? CHAIRMAN HAYES: We can ask anybody we want at this point. Page 48 FEBRUARY 21, 1997 MR. DICKSON: I have several of Hr. West. CHAIRMAN HAYES: Do you want -- Hr. Dickson, would you like to have your final closing prior to the questions, and then we'll continue the questions? MR. DICKSON: Well, my question is -- and you haven't had a chance to really say a whole lot and respond to all of this. MR. WEST: That's correct. MR. DICKSON: My biggest question that I got to get answered before you go through that is, when you paid a hundred percent -- I mean, that's the only hammer a homeowner has -- MR. WEST: That was a big mistake. MR. DICKSON: Yeah. When they left, were you a hundred percent satisfied? MR. WEST: Not totally, no. MR. DICKSON: But you -- MR. WEST: They assured me that they would stand behind the warranty 100 percent, and a company, apparently, is only as good as their warranty. MR. DICKSON: True, anywhere. MR. WEST: I mean, I don't think I need to say any more on that part, do I? MR. MEISTER: Was -- was the work installed properly and everything? MR. WEST: There'd been a problem -- MR. MEISTER: There was no scratches? MR. WEST: There'd been a problem with the shutters since the original installation. MR. MEISTER: When you finally -- when you gave them fina~' payment, everything was working and looked good? MR. WEST: More or less, yeah. I mean, I wasn't a hundred percent satisfied. MR. MEISTER: These problems came uD after -- after that point? MR. WEST: They were continuing problems, really. Mr. Schuster called me and asked me for final payment when the job started. He said the supplier wanted their money, and I told him, well, if he read his contract, I put down so much, and then I pay him when the job is done. And he had several of his employees -- I don't think Dane did, but two or three of his employees come and asked me for money, and he did himself, wanted the final payment. After the shutters were supposedly straightened out, I did pay him, which was a big mistake, in answer to your question. I guess that's all I can say on that part. . MR. DICKSON: Have you dealt with this new owner? " MR. WEST: No, not really. I've had conversations with him, but no dealing, because he claims in a letter that he has no obligation from his attorney. CHAIRMAN HAYES: I would suggest he's possibly right from that perspective. MR. WEST: That could be. MR. PEDONE: But isn't he also willing to replace the Page 49 16G 1, FEBRUARY 21, 1997 three shutters in the back? MR. WEST: I got a letter from Mr. Koert's attorney, and not Mr. Ainscough's attorney. There are three letters involved in that. They said they would completely replace the shutters, and complete means a total complete, I assume, everything. MR. PEDONE: Well, you know, your problem, really, is with these three shutters in the rear of the building? MR. WEST: Yeah. That's the only -- that's the only three that I have that are automatic. MR. PEDONE: Automatic? MR. WEST: Yes, that's right. MR. PEDONE: They're the only ones that you really have a problem with at this point? MR. WEST: Oh, yes. MR. PEDONE: And if they were to replace the three, completely replace them with all new shutters, would that be acceptable to you? MR. WEST: Not if they did it, no, because they've tried for 2 1/2 years to try to straighten it out. MR. PEDONE: Yeah, but have they tried since it's been a new owner -- MR. WEST: Oh, yeah. MR. PEDONE: -- to replace it? MR. WEST: Yeah, they've been out -- they've never totally replaced anything. I mean, that was an incorrect statement that they made that they replaced all the slats. They've replaced a few at a time, but never a total replacement. MR. PEDONE: Well, Mr. West, we're trying to figure out how%c get your shutters replaced, okay. MR. WEST: All right. But I was -- MR. PEDONE: And you're going to have to -- you're going to have to, I think, be a little cooperative on that and give them that opportunity. Otherwise, it's all very well and good to take Mr. Koert's license away, but then you'll have no shutters. MR. WEST: That's correct. MR. PEDONE: And so I think -- MR. WEST: And then I'll have to go to civil court, I guess. MR. PEDONE: That's right. I think that -- you know, in my opinion anyway, it would be easier to give them the opportunity one more time to see if you can settle it out. MR. WEST: But they tell me they're not obligated on any additional warranty work. . MR. PEDONE: They're saying -- " MR. WEST: The warranty's never been fulfilled. MR. DICKSON: Yeah, but we have some abilities to get things done here. MR. WEST: But, I mean, two years down the road is what I'm getting at. MR. DICKSON: Well -- MR. WEST: And they won't give me a -- a guarantee on Page 50 FEBRUARY 21, 1997 the motors. MR. DICKSON: I -- I suggest that you get with legal counsel and look if you have any avenues of civil -- MR. WEST: Well, I think I do. MR. DICKSON: -- because I would -- I would dare to mention that you don't. MR. WEST: Well, we'll have to see about that. CHAIRMAN HAYES: Yeah. I would suggest that -- MR. WEST: Because there are four individuals involved in this company that can -- MR. DICKSON: They're a corporation, sir. MR. WEST: Yeah, but there -- there was a former president and a former owner, but no need in talking about that. CHAIRMAN HAYES: One at a time speaking just remember, please. I would suggest that the remedy that Mr. Pedone spoke of with you is just about as far as this board could go. If they've made attempts to repair and failed, I understand that. But if they haven't replaced and they're making an offer to replace, that's probably about as good as you're going to get out of these -- this organ -- this company, and that's as far as this board is allowed to go would be to require them to do that very work. MR. WEST: Could you qualify replace? CHAI~4AN HAYES: Replace the three shutters that you're concerned with. MR. WEST: Totally replace? CHAIRMAN HAYES: Totally replace the three shutters. I understand that that was the offer. MR. KOERT: Yes, that's -- that's on -- - CHAIRMAN HAYES: Mr. Koert, stand up please, sir. MR. NEALE: Yeah, there's a -- I -- I think there's a letter, E-25 and 26, dated December 31. MR. KOERT: E-27 is the letter. CHAIRMAN HAYES: Pardon me? Say again, sir. MR. KOERT: E-27 is the letter. MR. PEDONE: Yeah, but then there's a letter after that dated the 31st that states you're not going to do that. MR. KOERT: That -- that was after -- MR. PEDONE: That's dated December the 6th. MR. KOERT: That was after the letter E-23 and 24 came back. Then I went and talked to Bob Schuster about it, and he says, Well, if he won't accept that, then we'll just do what we have to do and talk to the attorney. The attorney says, All you have to do is repair it, and that's all you're obligated to do; and Schuster said, · That's all I will do. -- CHAIRMAN HAYES: Okay. It is my belief that the words on the letter dated December the 6th, 1996, marked as Exhibit E-27 -- the words "Allsafe Shutters will provide a complete replacement of the three outside shutters which are the subject of the complaint," it is my belief that that means those three shutters and all related components; is that correct? MR. KOERT: Right. Page 51 FEBRUARY 21, 1997 CHAIRMAN HAYES: Mr. Ainscough, is -- is that -- am I correct in assuming -- you'll have to come up, sir. Am I correct in assuming that you are willing to do that? MR. AINSCOUGH: The offer to replace the shutters was made by Mr. Schuster and Mr. Koert, and that offer does still stand providing that the stipulations of the -- the letter from Mr. Koert are not -- they felt that the -- the request from Mr. Koert in his letter in response to the offer to -- were too restrictive. MR. KOERT: The letter that came back was too restrictive. MR. DICKSON: Do I see Mr. Koert (sic) requesting an upgrade? MR. GONZALEZ: Mr. West. MR. AINSCOUGH: Yes. There was a request for an upgrade, but also that the slats would -- everything would be cut outside, and that -- it was very, very restrictive. MR. KOERT: Did we not say we would -- CHAIRMAN HAYES: One at a time, sir. MR. NEALE: If I may, just to -- because I want to keep this clear so that when I'm having to draft an order on this, I can figure out who shot John is, we have a letter -- the letters E-25, 26, and E-27, are from Mr. Shapiro, who represents Allstate (sic) Shutters of Southwest Florida, not Allstate Shutters, Inc. Is that the new -- Allstate -- not Allstate, Allsafe. And that letter appears to bind only -- at least my opinion would -- my -- my view of it, unless someone can contradict me, is that letter binds Allstate Shutters of Southwest Florida, Inc. It does not bind Allstate -- Allsafe Shutters, Inc., the successor business. Is that -- 'MR. AINSCOUGH: Correct. MR. NEALE: -- correct? This letter from Mr. Shapiro binds only the prior company, Mr. Schuster's company. It does not bind Mr. Ainscough's company -- MR. AINSCOUGH: That's correct. MR. NEALE: -- the new company. However, both letters -- in any instance, Mr. Koert, as qualifier, is still the liable qualifying entity. So I want to make sure that -- at least if I'm understanding this correctly -- any order that goes forward that attempts to bind a corporate entity to perform some job is binding the one represented by Mr. Shapiro, not the one represented by Mr. White. CHAIRMAN HAYES: That's correct. Mr. Neale -- MR. NEALE: Am I clear at all here? CHAIRMAN HAYES: I only referred to the letter to clarify what was to be installed. Our order will be to the new · company. No question. .. MR. NEALE: Well -- CHAIRMAN HAYES: The letter itself obligates nobody to anything, and I don't think I'm going to -- MR. NEALE: No. I think -- the order cannot go to the new company, I don't think, unless Mr. Ainscough agrees to it. CHAIRMAN HAYES: Well, if the old -- if -- that's my point. If he agrees to it, that's -- Page 52 ' ' 16G FEBRUARY 21, 1997 MR. NEALE: Because what -- what we're doing, then, is it Mr. -- Mr. Shapiro had bound a company which he did not -- which he represented, which is Allstate -- Allsafe of Southwest Florida, not Mr. Atnscough's company. CHAIRMAN HAYES: Very well. MR. NEALE: Okay. At least I'm -- I think I'm tracking correctly here. MR. AINSCOUGH: Yes, you are. CHAIRMAN HAYES: All right. I'm Just concerned. I'm -- I want to try to make this as simple as possible. We have other concerns with Mr. Koert as well, and we'll address that after we get this arbitration settled somewhat. I'm just hoping to say that at this point in time, our only remedy is to put down in writing that if the new owner is willing to install three new shutters for you complete with all the parts that go with it and you're willing to accept that, then that's basically as far as we can go to satisfy your concerns. Further than that, we'd have to go to civil court. MR. WEST: May I speak? CHAIRMAN HAYES: Yes, sir. MR. NEALE: Well, I -- I -- just for one moment, I -- Mr. Ainscough has provided me with a -- a letter from his counsel, Mr. John P. White, that I believe he would like to get into evidence, and I think it would be appropriate, and I've provided a copy of that to Mr. Palmer. I think it would be appropriate if that letter be put into evidence, because it does, at least somewhat, clarify the corporate ownership situation, I think. Mr. Palmer, you -- MR. PAI24~R: I have no objection to that. MR. NEALE: Okay. -CHAIRMAN HAYES: May we enter the said letter as Exhibit C? MR. NEALE: This would be Defendant's Exhibit A, probably. CHAIRMAN HAYES: Defendant's Exhibit A? MR. NEALE: Right. MR. PEDONE: I make a motion we accept the letter. MR. DICKSON: Second, Dickson. CHAIRMAN HAYES: All in favor? Opposed? (No response) CHAIRMAN HAYES: Very well. Yes, sir. MR. WEST: Mr. Ains¢ough stated that there were limiting procedures put into the letter that I sent him. All I was asking him to do was not cut the aluminum on my lanai, which they have damaged in the past, because they've not been too careful. They've damaged the" paint on the walls when they run the slats up against them. I don't understand that being too restrictive. I would like to have it in writing from Mr. Ainscough. As you say there in that one letter, he will totally replace, because the -- in the latest letter -- let's see. I got too many pieces of paper. The latest letter -- the latest letter from Mr. Koert's attorney -- I'm not sure what exhibit it is, but it's -- it's dated December the 31st,. Page 53 ' ' 16G 1I FEBRUARY 21, 1997 HR. PALMER: That would be 25. HR. NEALE: E-25, 26. HR. WEST: It says in this that they will not completely replace every existing component of the shutter system regardless if defective or not. HR. PEDONE: I think that might have been in response to your letter -- HR. WEST: That's correct. HR. PEDONE: -- stating you didn't want them around. HR. WEST: No, no. WaLt a minute. I didn't say I -- HR. PEDONE: Well, giving them certain restrictions. The question now that I have for you is this: If Mr. Koert and Mr. Ainscough are willing to completely replace your shutters, even though he does not have the obligation to do so, but in -- in light of the situation, if he's -- he's willing to do that are you willing to accept it? ' MR. WEST: With a warranty, yes. They've never had -- they were working without a -- a permit for a while. CHAIRMAN HAYES: With a warranty I'm concerned at this point, if that's Going to be the deal breaker, then that's going to be the deal breaker. Mr. Ainscough, are you prepared to warranty these three shutters as you -- as you walk out the door of the job? HR. AINSCOUGH: I would really have to speak to Mr. Schuster to get an agreement from him that this would -- that he would stick to his part of the bargain. CHAIRMAN HAYES: What part of the bargain does he have? HR. AINSCOUGH: 'Well, he -- he is the chap that made the offer through his attorney to replace the shutters. ' CHAIRMAN HAYES: Okay. I don't quite understand then. So actually and truly, you're not going to do anything? HR. AINSCOUGH: Oh, yes, I am. And I've done plenty. CHAIRMAN HAYES: Well, I -- HR. AINSCOUGH: Yes, I will, yes. CHAIRM3%N HAYES: My concern is that at this point in time, Mr. Schuster has nothing to say here. MR. NEALE: Well, except that goes back to the issue that I brought up before, Mr. Hayes, is Mr. Schuster is the only one who has spoken through his attorney as far as making an offer. CHAIRMAN HAYES: I realize that. HR. NEALE: Okay. CHAIRMAN HAYES: But I'm asking this gentleman specifically -- HR. NEALE: Right. . CHAIRMAN HAYES: -- and clearly, individually. If he's " willing to do this, Mr. Schuster has nothing to do with it. If you're not, then we'll drop the issue altogether. HR. AINSCOUGH: Sir, I -- I -- financially I would not be in a position to replace this. i have to speak to Mr. Schuster, and -- and I will make every effort to make sure that it is done. CHAIR/W3tN HAYES: I'm -- HR. PEDONE: In other words, Mr. Schuster has to pay you Page 54 ' 16G ! FEBRUARY 21, 1997 to do this job is what it's, you know, boiling down to~ correct? HR. AINSCOUGH: Partly, yes. CHAIRMAN HAYES: Okay. I don't think we have to pursue it any further. He's not prepared to agree to replace the shutters as Allsafe. HR. PEDONE: He doesn't have an obligation to. CHAIR24AN HAYES: Exactly. I agree with that. And I'm not asking that he should or shoulcln't. I'm Just -- if he's going to do it, then that part of the issue is done, and we'll go further. If he's not going to, then we'll drop that and go on anyway. HR. DICKSON: Can I make one comment, Mr. -- step back, please, Hr. Koert. You seem like a nice gentleman, and I just want to take a moment here to explain what's going to happen or what could very well happen. The only person we can go against is this license holder -- HR. AINSCOUGH: Yes, sir. HR. DICKSON: -- and I don't really care what your corporate situation is. HR. AINSCOUGH: Yes, sir. MR. DICKSON: He is your license holder, and we're going to react to something that happened prior to you buying your comparry. That's going to affect you. Do you fully understand this? So what I'm saying is -- I don't want to go too far here, because I'm s~eaking for the board -- MR. AINSCOUGH: Yes. HR. DICKSON: -- but it's going to financially affect you if we take an action on this individual. PR. AINSCOUGH: Yeah, well -- -MR. DICKSON: I don't want to do something and you don't realize what's going on, because you act like you're trying to get things going and run properly. MR. AINSCOUGH: Sir, it seems to me that from every angle, people are holding a gun to my head, and you have to make your decisions. HR. DICKSON: Okay. But you understand where we're -- MR. AINSCOUGH: I understand exactly what's happening here. MR. DICKSON: That's all I wanted to make sure of. MR. AINSCOUGH: Exactly. CHAIRMAN HAYES: Our action against the licensing -- license holder, whether it be suspension or revocation, would stop your business activities until you replaced your qualifying agent is exactly what he's trying to say. You're aware of that? · HR. AINSCOUGH: Yes, I am aware of that, sir. " CHAIRMAN HAYES: Very well. Mr. Koert, you wanted to say something? MR. KOERT: Myself, I think I can put him and Mr. Schuster back together and get the job done just like I had it set up before. CHAIRMA/~ HAYES: It's taken you over a year at this point, because in November of '95, he became the owner, and it's past Page 55 FEBRUARY 21, 1997 November of '96. So I don't know how long Mr. West should wait for that negotiation to come up. MR. GONZALEZ: Why don't we give him a time limit? MR. DICKSON: Or suspend his license until it's done. MR. PEDONE: Or if it's not done within 30 days. CHAIRMAN HAYES: You want something further to say? MR. WEST: Yes. Mr. Koert has come and -- came to my house once and talked to me on the phone on three different occasions. He said he's going to go talk to Mr. Schuster. If he doesn't get this straightened out, he's going to pull his license. He's never pulled it. CHAIRMAN HAYES: Thank you. Mr. Palmer, do you have anything further to say in closing statements? MR. PALMER: I'd just like to say that we're talking about having this outfit come out and fix it. Mr. -- Mr. West is prepared also, in lieu of that, to accept a settlement of a -- a full accord and satisfaction of the sum of $7,500. He has an estimate, which I can have identified, where there's been an estimate to repair this work by another contractor completely, to pull out this work and -- and refurbish it and get it done correctly, for a contract price of $7,500. I just throw that as another alternate solution to the problem. CHAIRMAN HAYES: Let me ask you, Mr. Palmer. The whole job was $10,0007 MR. PALM~R: Yes. CHAIRMAN HAYES: And we're talking three shutters out of how many? MR. PALMER: I don't know. Mr. West can -- -MR. WEST: Three. CHAIRMAN HAYES: Three out of -- MR. WEST: Three. CHAIRMAN HAYES: You originally contracted for three shutters for -- MR. WEST: Three roll-down shutters, yes. The rest are panels. CHAIRMAN HAYES: Pardon me? MR. WEST: The rest are panels, slide in. There's no dispute on those. It's just the roll-down shutters. CHAIRMAN HAYES: I understand that, but the whole contract was for $10,0007 MR. WEST: That was 1994. CHAIRMAN HAYES: Okay. And three shutters out of $10,000 would warrant $7500 worth of work? · MR. WEST: Well, I had one for -- one bid for $9,000, " and I decided not to bring it in. These two are within a few dollars of each other, and they're 7,000 and probably 7,500. MR. PEDONE: That's about right. MR. DICKSON: Mr. Chairman, I would direct you to E-4. There's 20 shutters all total. Three of -- E-4, towards the front. MR. PEDONE: They're panels. MR. DICKSON: Those are panels. I agree, but there's Page 56 1' FEBRUARY 21, 1997 three roll-downs on -- CHAIRMAN HAYES: That's my whole point. MR. ~EISTER: That's where all the money is. CHAIRMAN HAYES: Ail the money in the Job is in the three shutters, you're saying. The panels are not that significant and expensive? MR. MEISTER: No. CHAIRMAN HAYES: That was the clarification I was asking for. MR. PEDONE: Well, certainly the new company is not liable for the repayment of anything to Mr. West, because it -- it's not really the successor of the Allstate -- or Allsafe Shutters of Southwest Florida. CHAIRMAN HAYES: It would have to be from the qualifier. MR. PEDONE: It would have to be from the former owner or the qualifier or -- MR. DICKSON: Are you ready to close the public hearing? CHAIRMAN HAYES: I'm just asking, were you finished with your closing statements? HR. PALMER: Yes, sir, I think I am. CHAIRMAN HAYES: And Mr. -- MR. NEALE: And just -- Just for the board's edification, I think it might be appropriate for the board to know whether Mr. Koert is still qualifying two entities at this %~int, and when he ceased being the qualifier on Allsafe Shutters of Southwest Florida. CHAIRMAN HAYES: I believe that the licensing has that record -- 'MR. NEALE: And I think that would be -- CHAIRMAN HAYES: -- since the company's new name is listed on the license. MR. DICKSON: It's a good point, though. MR. NEALE: It's a -- it's a point that, I think, is relevant to the board's deliberation of -- as to -- CHAIRMAN HAYES: But I believe that that other -- that other company -- do you have a registration of being in business, Allsafe Shutters of Southwest Florida, Inc.? MR. OSSORIO: No. CHAIRMAN HAYES: So I think he just dissolved and stopped that company, and he's only licensed -- or only registered agent for the one company. MR. OSSORIO: Exactly. CHAIRMAN HAYES: Locally. . MR. OSSORIO: Locally. -- CHAIRMAN HAYES: Is that correct? MR. OSSORIO: Yes, sir. CHAIRMAN HAYES: Very well. Mr. Koert, do you have a closing statement, sir? HR. KOERT: No, sir. CHAIRMAN HAYES: You're satisfied with what's been said? Page 57 FEBRUARY 21, 199'; MR. KOERT: I'm satisfied. CHAIRMAN HAYES: Thank you very much. I would like to, at this point, close the public hearing and offer discussion from the board. MR. DICKSON: Should that be a motion, Mr. Chairman? MR. NEALE: Yeah, you have to move to close the public hearing. CHAIRMAN HAYES: Well, I make -- MR. DICKSON: Mr. Chairman, I move that we close the public hearing. MR. MEISTER: I'll second, Meister. CHAIRMAN HAYES: All in favor? Opposed? (No response) CHAIRMAN HAYES: Very well. We seem to have a -- a problem with -- able to reconcile with the owner at this point, the homeowner, but I don't think that we have the ability to go very much further than that. MR. DICKSON: Well, and what I see -- and I fully understand the homeowners after some two years and all of this going on, I wouldn't want them back on my property. And, of course, we've got two corporations, two owners; but we don't care, because we're dealing with one license holder who has admitted under oath that he's in violation of almost every category that he has to fall into as a license holder. So where i -- where I'm looking, Mr. Chairman, is, number one, a suspension of permit-pulling privileges until, number one, this company is properly qualified by a proper license holder and thi~ issue be resolved. I don't know the pleasure of the other members of.this board. MR. NEALE: I'd like to just, before we complete deliberations, get on the record the -- the instructions so that we have -- have them appropriate, and I apologize for that. I didn't get my -- my notice stuck in early enough here. Just as -- as we always do, we put the charge to the board that the board should ascertain in its deliberations that fundamental fairness and due process have been afforded to the -- the respondent and the complainant in this issue pursuant to Section 22-202 of the ordinance. However, as we noted before, the formal rules of evidence as set out in Florida Statutes Chapter 90 do not necessarily apply in this -- in this hearing, that the board should exclude irrelevant, immaterial, and cumulative testimony. It shall adrait and consider all evidence of a type commonly relied upon by a reasonable - -- reasonably prudent person in the conduct of their affairs, wheth~ or not the evidence so admitted would be admissible in court. Hearsay may be used to explain or supplement any other evidence, but it's not, in itself, sufficient to support a finding unless it would be admissible over objection in a civil court. The standard of proof in a case of this type wherein the respondent may lose their license privileges is that of a clear and convincing evidence standard. This burden is greater than that of a Page 58 · ' 16G I FEBRUARY 21, 1997 preponderance of the evidence as it would -- which would be required in a normal civil case. The standard -- evidence are to be weighed solely as to the charge set out in the complaint and codified in Collier County Ordinance Section 22-201(10). In order to support the violations, the board must find facts that support its finding that the violations charged were committed by the respondent. Further, the facts found must support a legal conclusion that the respondent was in violation of Ordinance 90-105 as amended. These charges are specific, and they're set out in the -- in Composite Exhibit A in that the respondent is charged with having failed to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construcCion contract. This is the sole charge to be decided on in this matter. The decision made by this board shall be stated orally at this hearing and mailed to the parties within 15 days after the hearing. It is, however, effective upon being stated orally from this bench. If the board is unable to issue a decision today immediately following the hearing because of questions of law or other matters of such a nature a decision may not be made, the board may withhold its decision until a subsequent meeting. And that is all I have to say. Please proceed. CHAIRMAN HAYES: Very well. Before -- as a matter of housekeeping here, I'm a little concerned. We had this problem at a workshop yesterday, and I'm -- I'm having it again right now. The colified (sic) version is what you're referring to. an~ most of t. his board and darn f~w of ~ s~aff have a clue what you're ~aL~ing about. I do have both versioas here. I wouldask until we are all familiar with the colifiedversioa, ~hat you stick to 90-105. if you would, because I don't kn~ what 22-10 -- 201. Su~i~ 1. refers to in my ordinance. And when we find a co~mclusio~ of -- of law here. we're going to go to that article. So if you w~uld, could you tell me w~t article in 90-105 does Article 22-102. Subsection 1, refer to in the colified version? MR. NEALE: I can. You know, as Is ay, everybody's gotten the codified version, and unfortunately, the codified version is the one that we work from; so -- CHAIRMAN HAYES: That's the one that, apparently, the attorneys work from, but after the workshop yesterday in the building department, even the development services doesn't -- don't use it. MR. NEALE: Well, they all have a copy. CHAIRMAN HAYES: Well, they may have a copy, but when we talk about working on it, we're always working within the realm of --' MR. SCHULTZ: We work directly from the ordinance. " CHAIRMAN HAYES: Pardon me, sir? MR. SCHULTZ: We work directly from the ordinance. CHAIRMAN HAYES: Directly from the ordinance, and that is 90-105 as amended. MR. NEALE: How -- however, we went through this discussion -- and I'm not arguing with you at all. But we went through this discussion before, and the staff had agreed that they Page 59 FEBRUARY 21, 1997 were going to change the way they set out the charges to refer to the codified version. CHAIRMAN HAYES: I would like -- MR. NEALE: So -- CHAIRMAN HAYES: As the future I would like that to be MR. NEALE: -- which -- which direction are we heading here? That's -- that's all I'm -- MR. SCHULTZ: Which staff member promised that, Mr. Neale? MR. NEALE: I believe it was probably Mr. Bartoe at the time, and we were -- we were talking about it almost a year ago. MR. SCHULTZ: Well, they're outside smoking and joking right now -- MR. NEALE: Yeah. I mean, that was -- MR. SCHULTZ: -- so we'll find out when they get back. MR. NEALE: Because we agreed to refer to the codified version, because that's the version that is actually the -- the official version, for lack of a better term. MR. PALMER: Also it's a compilation of all amendments in one -- MR. NEALE: Right. It's got all the amendments in one place. MR. PALMER: Otherwise you're jumping from, you know, Peter to pay Paul to find out what was amended in 1995, and you've actually got four versions of an ordinance. CHAIRMAN HAYES: Okay. I'm aware of that, and -- and I would like to put 'together something in the future to satisfy that. I just want to move forward today at this point; so -- MR. NEALE: And -- and, Mr. Hayes, where that becomes particularly important is if we go through and revise 94-34 only in part, is then we're going to have an ordinance called 97 dash something or another that will have some revisions in it, and then we'll have 90-105 that won't have some revisions in it. And we're going to be referring to three or four copies of the ordinance at all times -- CHAIRMAN HAYES: That's -- that's fine. MR. NEALE: -- and that's -- that's very difficult. So I think it's, you know -- CHAIRMAN HAYES: Okay. Well, I've -- I've made an issue of it. I brought it up because we -- we've had concerns on both sides. But for this particular case, I would like to -- I wanted to refer to the writings in the colified version of 22-201(1), and I ' don't know where that fits in -- " MR. NEALE: Well, that's the -- exactly the same as 4.1.10. CHAIRMAN HAYES: Thank you. That's what I was asking. 4.1.10. MR. DICKSON: I have a question of legal. Okay. We have one charge that's been brought by the county. MR. NEALE: Right. Page 60 FEBRUARY 21, 1997 MR. DICKSON: As this board sits here and hears a case and hears testimony alluding to additional charges, can those be included in our findings of fact and added to the original complaint? MR. NEALE: That's -- I'm just looking at that right now. The -- MR. SCHULTZ: Mr. Chairman. CHAIRMAN HAYES: Yes, sir. MR. SCHULTZ: If I might address Mr. Dickson's question, staff was aware of the violation from the get-go. That's why we brought it before the board, and based upon the board's decision here today, we -- we will react upon this -- this other offense. We -- we didn't want to bring both issues in front of the board at this particular time for the reason of the complexity of it, the previous owner and the -- and the now current owner. But staff was aware of the violation, and Mr. Koert was -- was advised of this by me and Mr. Ossorio back in November, I believe it was, or December. MR. NEALE: I -- I -- however, I think for purposes of this hearing, the only issues they can address are the ones for which the respondent received formal notice pursuant to the ordinance. I think it's -- while the board can probably take some informal action to direct staff to -- to proceed or something like that, the way I read the ordinance -- and I don't know if Mr. Palmer aqrees, but it -- it would -- to me, violates the respondent's due process rights if we said that you're going to be charged for something -- you're -- you're going to be found guilty of something that you were never charged with. And it would be sort of like going to court being charged with stealing $5 and being charged with murder -- and being found guilty of murder in the same case without having been charged and the opportunity to respond to those charges. And really the issue is, they haven't been given an opportunity to respond to those charges in this hearing. MR. DICKSON: And my only comment -- and I appreciate and understand what you're saying. My only comment would be to county staff that maybe in the future we look at the -- if we don't want to include all those things because it ties this board's hands when they're not in there; and, secondly, it makes us go through a lot of discovery that we wouldn't have to go through and dig out if they were in the original complaint. CHAIRMAN HAYES: I think exactly as Mr. Dickson said. That was my -- my concern. My words would be, 'While in violation of county ordinance, this was done' would add more to the fact that -- I mean, at this point for knowingly not returning to repair defective merchandise or defective workmanship, a suspension until such time as' it's corrected is in order. However, while operating illegally to " begin with, a revocation might be something I would consider. And if we're not allowed to use that as part of our reasoning, then suspension, perhaps, is as far as we can go based on just merely a violation of 4.1.10 until that is corrected. MR. NEALE: And we specifically address that in the ordinance. In the section on disciplinary proceedings, it says that the complaining party shall state with particularity which section of Page 61 · 16G i FEBRUARY 21, 1997 the article he believes has been violated by the contractor and the essential facts in support thereof. So that pretty clearly, from a constitutional point of view, sets out that, you know, if -- if you didn't tell him what you're going to charge -- what you're going to hit him with, you can't prosecute him on it. I'm putting it as simply as I can. Mr. Palmer has -- MR. PAI24ER: I agree with that with one exception. It would be possible -- and it doesn't apply to this case, but it would be possibly that the admission of some other violation of the ordinance would necessarily prove the violation being charged. Here I think the fact that the -- this other violation, alleged violation -- assume for the sake of discussion it is a violation -- really has no direct bearing on the finding of fact attributable to the charge being brought today. This is a specific fact question about a specific project. And, really, the fact that they may or may not have violated other provisions, I think, is legally irrelevant for purposes of your deliberations here today. CHAIRMAN HAYES: I agree, but my concern was that at the finalizing of our finding of fact based on the violation of the -- the specific section, that our remedy, if you will, would have some bearing -- MR. NEALE: One -- CHAIRMAN HAYES: -- would have some bearing on our remedy, our suggested remedy. MR. NEALE: One point that -- that I may want to bring forth to the board is under Section 22-166 of the codified ordinance -- and I don't know where it is in the ordinance, but I'll look it up -- is there's a provision for stop work orders that the contractors' l~censing supervisor may -- may place a -- or actually shall place a stop work order if they find that a construction project and/or contracting in the county or the City of Naples is being undertaken by uncertified or nonexempt persons, the contractors' licensing supervisor's designee shall place a stop work order on the relevant portion of the project until such time as a certified contractor assumes supervision of the construction project. And any person who resumes construction prior to the removal of the order shall be in violation. Now, that's not a board action~ that's a contractor licensing action, but the contractors' licensing department does that have power. HR. DICKSON: Mr. Chairman, may I make a comment to the board if we're in discussion. Okay· We got one thing to deal with here. Forget all the other stuff we've heard about. We got one thing to deal with, and that's not -- it's not the attitude of not going · back~ it's failing to properly correct faulty workmanship or properly' replace faulty materials installed contrary to the provisions of the construction document, okay. So we forget everything else. What do we have on that one issue? We have two parties that can't agree on it. I -- I see one side willing to go back and the other side saying not unless you meet these restrictions, criteria, which is different than the original construction, because there are upgrades involved. HR. MEISTER: Let me how I -- tell you how I look at Page 62 FEBRUARY 21o 1997 it. I look at it that these two companies are not involved in this. It's -- it's the license holder. It's his job to make it come together, and he's failed to do that. So we have to respond to his failure to -- MR. DICKSON: Mr. West, so that you ~nderstand, the hearing is closed. We're discussing between us. It's like you're listening into a conversation. MR. MEISTER: I mean, I understand where you're coming from. and I -- you know, I agree with you; but, you know, we have to put blinders on, and he's brought up the other charges. MR. PEDONE: Yeah, but I think that Mr. Koert has shown some effort to trying to resolve this by getting the parties together and willing to replace -- and getting the agreement to replace the three shutters that -- that are in question. I think we should give him the opportunity to do that before we take away his license on this charge or suspend it and give him a certain amount of time, and not a lot of time either, to -- to have the matter settled to Mr. West's satisfaction. And then if it is not settled by a certain date, then he will be facing a suspension of his license. MR. MEISTER: My intent was not to take his license away. I'm just saying how I looked at it. MR. PEDONE: It -- it seems a shame, and I think -- MR. MEISTER: If he was -- if he followed all the rules of him having a license, if he -- he's the manager of the business, he's financially responsible, that means he stops signing checks; he stops pulling permits for them. He -- he can tell his company, then, you solve this problem, or I'm not going to draw any more permits for you. 'MR. PEDONE: And -- and for two hundred and change a month, that's -- you -- you put an awful lot on the line for very little money. MR. DICKSON: The other question I would have, Mr. Chairman, is, and I don't -- we have all these different talents up here. Shutters isn't one of mine. Is this a common situation for these scratches on shutters, or is it uncommon? I heard you -- MR. PEDONE: I -- I have -- I have -- and my shutters are 14 feet high, and they're electrically operated, two of them in the front. I have no scratches, and they are aluminum, but they did leave one hell of a mess in cutting them. I have to agree with that. MALE VOICE: On Mr. West's shutters, they're inside his MR. DICKSON: This is -- this is closed. CHAIRMAN HAYES: I -- I understand where everyone's · coming from. My concern, personally, is that two years -- and now o~ year has gone by that he has tried to remedy things, and now we have an individual, this Mr. Robert Schuster, that supposedly is agreeing with Mr. Koert to cough up the dollars to make the replacements. I'm not quite sure that that's going to happen. He's obviously tried to remedy this thing for at least the last year with Mr. Schuster. And unless I get the agreement from the current owner, Mr. Ainscough, to see to it that it's done, I, personally, am not satisfied that it's 1 Page 63 ' ' 16G 1' FEBRUARY 21, 1997 going to get done at a11. I don'= like the idea of -- of acting harshly in the beginning either, but if -- if we end up agreeing to a time limit, then I would expect it to be -- or I would hope it would be quite short and then take our action after that. But that's my position. MR. PEDONE: Yeah, I would -- I would tend to think that it would be a 30-day time limit. MR. DICKSON: Okay. MR. PEDONE: Are you ready to do this? CHAIRMAN HAYES: Any further discussion? Do I have a motion? MR. DICKSON: Mr. Chairman, I'd like to make the following motion: Contractor Licensing Board, Collier County, Florida. The Board of County Commissioners, Collier County, Florida, petitioner, versus Robert Wesley Koert, K-o-e-r-t, the respondent, Case No. CLB 97-002, findings of fact, conclusions of law, and order of the board. This cause came on for public hearing before the board on February 21, 1997, and the board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its findings of fact, conclusions of law, and order of the board as follows: Number one, that Robert Wesley Koert is the holder of record of Certificate of Competency No. 076RCC; number two, that James West is the complainant in this matter; Number three, that the Contractors' Licensing Board ha~ jurisdiction of the person of the respondent, and that Robert Wesley Koert was present at the public hearing; Number four, 'all notices required by Collier County Ordinance No. 90-105, as amended, have been properly issued; Number five, that the holder of Certificate of Competency No. 076RCC is in violation of Section 94-34, Section 4.1.10 of Ordinance No. 90-105, as amended, in the following particulars: that the respondent failed to properly correct faulty workmanship. MR. NEALE: If you could elaborate a little bit on that just so that we have a little bit more facts on the record. You know, given an opportunity to and -- MR. DICKSON: Given numerous opportunities to correct, a long time period, in excess of two years, in which this has not happened, and the faulty workmanship is still present on the job site from its original installation. Conclusions of law I'll do afterwards. MR. NEALE: Uh-huh. Let's move on that. MR. MEISTER: Second, Meister. · CHAIRMAN HAYES: I have a motion on the floor and a " second. All in favor? Opposed? (No response) CHAIRMAN HAYES: Continue. MR. DICKSON: Also move conclusions of law: Number one, that Robert Wesley Koert is in violation of Section 4.1.10 of Collier County Ordinance No. 90-105, as amended, the Collier County Page 64 16G 1 FEBRUARY 21, 1997 Contractors' Licensing Board Ordinance. Order of the board: Based upon the foregoing findings of fact and conclusions of law and pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance No. 90-105, as amended, it is hereby ordered that the following -- following disciplinary action and related order is hereby imposed upon the holder of Contractor's Certificate of Competency No. 076RCC; that permit-pulling privileges be suspended until at such time as faulty workmanship and materials are replaced to the satisfaction of Mr. West at his residence. And I might add there, conforming to original contract documents of materials that were to be installed. CHAIRMAN HAYES: And your time limit? Not to exceed -- MR. DICKSON: Mr. Chairman, the reason I didn't put one on there is they're not going to pull any permits until it's done. MR. NEALE: Yup. CHAIRMAN HAYES: Do they pull a permit every time a -- a shutter job is -- MR. PEDONE: They're supposed to but they don't. MR. NEALE: It's interesting. The question was brought up, how do they do the repairs without a permit if it's over $500? CHAIRMAN HAYES: It's continuing on the existing permit. MR. DICKSON: Yeah. Mr. Chairman, let me add to that proposal that the county will allow a permit to be pulled for Mr. West's repair and that that one stipulation of permit will be allowed, no others, until this repair work is done and completed. CHAIRMAN HAYES: You've got to finish up done and ordered. MR. PALMER: Mr. Hayes, I'd like to interject that Mr. West has informed me that he is willing to accept a replacement of the existing shutters and not have the upgrade. CHAIRMAN HAYES: That's -- MR. PALM~R: He would merely like to have what -- what is going bad replaced, and he does -- he waives any claim to an upgrade. CHAIRMAN HAYES: That was -- MR. DICKSON: That -- that is part of the order; so that was already covered. Done and ordered this 21st day of February, 1997, at Collier County, Florida, Contractor's Licensing Board, Collier County, Florida, Gary Hayes, Chairman. CHAIRMAN HAYES: My concern was as long as the homeowner would allow this to happen. MR. PEDONE: Whether he allows it or not, that's the way ' it is. " MR. DICKSON: Well -- CHAIRMAN HAYES: Well, I'm -- MR. DICKSON: -- they could run him out of business. That's a good point. I agree. MR. PAI24~R: Actually, I -- it is assumed, of course, that there will be cooperation by Mr. West to facilitate the remedy addressed by the board. If that is the -- if that is not the case, Page 65 FEBRUARY 21, 1997 obviously, he would be -- hold hostage over the ability of this contractor to acquire further permits by refusing to have adequate cooperation. CHAIRMAN HAYES: That is exactly my concern. HR. DICKSON: Mr. Chairman, I agree a hundred percent with everyone. Let me amend this one more time. (Mr. Gonzalez left the boardroom.) HR. DICKSON: That Mr. West and Mrs. West, if there is a Mrs. West, that they cooperate with this license holder, Robert Koert, and that they be allowed to do this work minus of any -- void of any denLal onto the property or unpleasant circumstances. And if that does take place and they're not allowed onto this property, then the board would have to rehear this restriction of permit-pulling privileges. I don't want to -- I don't want to add more than that. CHAIRMAN HAYES: Is that satisfactory, Mr. Neale? HR. NEALE: Uh-huh. Yeah, that's fine. CHAIRMAN HAYES: I have a -- HR. PEDONE: You need a second. HR. MEISTER: Second, Meister. CHAIRMAN HAYES: I have a motion and a second. All in favor? Opposed? (No response) CHAIRMAN HAYES: Motion carries unanimously. That's -- that's the end of that case. Any reports? HR. DICKSON: Does Mr. Koert understand it? You think we ought to -- -CHAIRMAN HAYES: It might be -- Mr. Koert, do you understand that you are not allowed to pull any more permits in Collier County -- HR. KOERT: Yes, sir. CHAIRMAN HAYES: -- until such time as a satisfactory remedy has been made to the Wests? HR. KOERT: (Nodded head.) CHAIRMAN HAYES: Your -- the company owner that you work for must be fully aware of that as well. MR. NEALE: I think that the only issue I would -- I would have with this just from an -- and this just occurred to me -- from an enforcement point of view is, how is a determination made that Mr. West is satisfied, and how is a determination made that his permit-pulling privileges can be reinstated, because to me, that's a concern that, you know, we -- as to the access issue, that was a -- · that was a good call, but what if -- " CHAIRMAN HAYES: Is there an -- HR. NEALE: -- you know, what if the -- CHAIRMAN HAYES: Okay. Is there an inspection in the building department for the shutter jobs? Then -- then let it be at the approval of Collier County Development Services' building inspector. HR. PEDONE: Well, also won't Mr. Koert be coming back Page 66 16G ! FEBRUARY 21, 1997 here to have his license reinstated once the job is completed to Mr. West's satisfaction? MR. DICKSON: That's not the way I worded it. MR. NEALE: Not the way the ordinance -- not the way the motion is -- the order is read is as soon as this job is completed, he gets his permit privileges -- permit-pulling privileges back. And so it's -- it's important, I think, from both sides to make sure that there's some trigger mechanism and some ability to -- to enforce and some ability, also, to allow Mr. Koert to go back into business if he does comply with the terms of the order; so maybe Mr. Palmer can -- MR. PALMER: I understand this is a problem, and I think that staff can also exercise its good discretion. Hypothetlcallyo it would come to the staff's attention that, in fact -- and I'm not suggesting that this is going to happen in any way -- in the event that Mr. West was being arbitrary and holding up things, then staff could exercise the discretion not to -- not to -- to lift the stay on issuing permits if, in fact, it appeared that Mr. West was arbitrary and was actually trying to affirmatively cause problems. On the other hand, if this matter gets corrected immediately, Mr. West signs off on it, then the stay automatically lifts when the -- when it passes inspection. These other matters are ancillary. Whatever the problems are on the side, they, of course, can be corrected concurrently by the proper activities of the contractor. CHAIRMAN HAYES: Does that satisfy the board? MR. DICKSON: It does except for one other thing. You've heard testimony here today that I expect the county is going to reac~ to; am -- am I not correct? MR. PALMER: Well, the other matter -- obviously, staff can--= can handle that matter at its discretion and follow up on any a~flissions that may have otherwise been made in the record today. CHAIRMAN HAYES: Very well. MR. MEISTER: Well, I just want to tell Mr. Koert that he's -- he's in other violations. MR. KOERT: Well, can they not be corrected in the meantime? MR. DICKSON: Yes, sir. MR. KOERT: Then we'll get our -- we'll get all that corrected and put some new shutters up. MR. MEISTER: -- your responsibilities to the license with the company you're qualifying and make sure you -- you take care of all these requirements. MR. KOERT: I'll get that started today, and I'll get it started to get his shutters on today. · CHAIRMAN HAYES: Let me also make you aware that " correcting it -- if you corrected it today, does not change the fact that you've been operating for the last, at least, year illegally. And should there be a -- a desire for staff to pursue that, I'm sure that they could find findings of fact to defend the position that you have, in fact, been in violation for over a year as it is. So my point being is, we need to satisfy this issue that's in front of us today to the satisfaction of the homeowner. Page 67 16G 1 FEBRUARY 21, 1997 HR. KOERT: We'll take care of that. CHAIRMAN HAYES: Any further discussion on this issue? All right. Do we have any reports? HR. BARTOE: No, sir. CHAIRMAN HAYES: Any further discussion? HR. DICKSON: Mr. Chairman, I don't know how you guys are, but I get a lot of calls during the month when people find out you're on this committee, and the one I wanted to bring up in a discussion mode with county -- and I've had three of them in the last six weeks. I was not here last meeting -- is -- and it's something we don't license, and that's carpet cleaners. They're ripping this town blind with these specials that they're running in the newspaper, $39 a roo~, and they go out and do test spots in every room and then let the individuals know -- and it's usually elderly -- anywhere from six to eight hundred dollars to clean the apartment or the condo. There's almost a -- a false -- I have names of these companies that I won't mention today -- intimidation of possible harm. Is this something county can deal with? I mean, I -- I've got two different names of companies that are doing this daily. HR. PALMER: Mr. Dickson, this sounds like criminal fraud to me and probably ought to be referred to the state attorney's office. CHAIRMAN HAYES: Well, not only that, but how about the possibility of -- has -- has staff got any complaints of that happening? You do have? HR. DICKSON: You do? You can't set up a -- an operation where -- MR. BALZANO: We can't do anything to them. They don't com~under our -- HR. DICKSON: So you and I could take these to the state prosecutor's office? HR. BALZANO: Uh-huh. HR. DICKSON: Okay. I'll get with you, Paul. HR. BALZANO: The problem we have is the people that invite them in their house. They're stupid enough to pay them the money. HR. DICKSON: I've had some pretty nice people that were afraid they were going to be harmed if they didn't. HR. BALZANO: Well, I had one girl, 27 years old -- HR. NEALE: Thirty seconds and we're out of paper. HR. DICKSON: No mor~ discussion. CHAIRMAN HAYES: You have -- okay. Ail I wanted was that -- let's study about what we can do to remedy the unlicensed · activity because of expiration and come up with a possible suggestion' of how we can address it. HR. DICKSON: I move that this meeting be adjourned. HR. MEISTER: Second. HR. PEDONE: I second it. CHAIRMAN HAYES: Done. Page 68 FEBRUARY 21, 1997 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:19 p.m. CONTRACTORS' LICENSING BOARD GARY HAYES, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Barbara Drescher Page 69 January 15, 1997 REGULAR MEETING OF JANUARY 15, 1997 OF THE CONTRACTORS' LICENSING BOARD RECEIVED JUL - 3 1997 LET IT BE REMEMBERED, that the Contractor~' Licensing Board in and for the County of Collier, having conducted business herein, met on this date at 9:07 a.m. in REGULAR SESSION in Building 'F' of the Government Comglex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Mayes Daniel Gonzalez Humbert Gressani Gary R. Beaumont Arthur Schoenfuss Richard Joslin Michael Pedone Les Dickson Robert Meister, Jr. ALSO PRESENT: Patrick H. Neale, Attorney to the CLB Jim Schultz, License Compliance Officer Paul Balzano, License ComDliance Officer Thomas Bartoe, License ComDliance Officer Thomas Palmer, Assistant County Attorney Bert/ Misc. Corres: Date: Item/f Copies To: Page i DATEs ~?anuary 15, 1997 TIN~s 9c00 16G 1 PERSON ~I~O DE¢IDE~ TO APPEAl, A D£CISION OF THIS BO~D ~RE~R~ ~y ~ED ~ ~ ~T A ~BATZN RE~D OF ~ID~ ~ ~I~ ~ APP~ IS ~ BE B~. II. III. IV. Vo vi vii. viii. IX. X. ROLL CALL ADDITIONS OR D£LETIONS: APPROVAl, OF AGENDA~ APPROVAI~OF MII~UF.S: DAT~: Dece~er 18, 1996 NEt4 BUSINESS: A) Jack Sweetlng - reqvest to obtain res/denti license with a ?4% test score. B) Carols Hunger - reqvest,to rene~ Mille license is revoked in Lee County. C! Edwsrd~4ason - review credit report. D) Scott Jenkins - request,to qualify 2 entity. ~) F) Adolphus Davis - review credit report:. Hu~thew B~uet - Req. to obtain restricted pool ~aintenance license for cleaning only. OLD BUSII~'~SS: ~O1~ REPORTS: DISCUSSION.. A) Review Ordinance Amendments. NEXT MEETIN~ DATE~ February 19, 1997 16G 1' January 15, ~997 CHAIRMAN HAYES: I'd like to call this meeting to order, January 15th, 9 a.m., Contractors' Licensing Board, Collier County. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes that testimony and evidence upon which the appeal is to be based. I'd like to start with roll call to my right. MR. GONZALEZ: Dan Gonzalez. MR. GRESSANI: Humbert Gressani. CHAIRMAN HAYES: Gary Hayes. MR. BEAUMONT: Gary Beaumont. MR. JOSLIN: Richard Joslin. MR. SCHOENFUSS: Arthur Schoenfuss. CHAIRMAN HAYES: Do we have any additions or deletions to the agenda? MR. BARTOE: Yes, sir. For the record I'm Thomas Bartoe, licensing compliance officer. Under old business, I believe, your agenda said none. We have two items to add: Item A, Mr. Courtney Eagleston, and that's spelled E-a-g-l-e-s-t-o-n; and that's -- that will be discussion regarding electrical and nonelectrical sign contractors. Also under old business an Item B will be Charles Willey, and he requests to -- that the board reconsider revocation of his competency card based on newly discovered evidence. CHAIRMAN HAYES: Any further additions or deletions? MR. BARTOE: I have none. CHAIRMAN HAYES: I need a motion to approve these additibns. MR. BEAUMONT: I make a motion we approve the additions. MR. GRESSANI: I second. CHAIRMAN HAYES: I have a motion and a second. All in favor? Opposed? (No response) CHAIRMAN HAYES: Approval of the agenda. I guess we just did that. Approval of the minutes -- MR. GONZALEZ: I move we approve the minutes. CHAIRMAN HAYES: -- of December 18th. MR. JOSLIN: Second. CHAIRMAN HAYES: I have a motion to approve the minutes and a second for December 18th. All in favor? · Opposed? (No response) CHAIRMAN HAYES: New business. Jack Sweeting, request to obtain residential license with a 74 percent test score. Are you Mr. Sweeting? MR. S~EETING: Yes, sir. My name is Jack Sweeting. I appreciate the -- the time to come before the board. MR. BARTOE: Mr. Neale, do you believe Mr. Sweeting Page 2 January 15, 1997 should be sworn in? MR. NEALE: Yes. He's offering testimony. (The speaker was sworn.) MR. BARTOE: And would you state your name, sir, for the board. MR. SWEETING: My name is Jack Sweeting. I'm a -- a registered general contractor in Monroe County, and I appreciate the opportunity to come before the board this morning and speak and present some letters of reference -- I would like to present to you, if it's possible. Do you need any further -- any more? Gentlemen, I'd appreciate it if you'd just take a few minutes and look at my letters of reference from various business peoule as well as bankers and loan institutes that I have worked with in Monroe County. Enclosed is a photocopy -- I think it's about the second-to-the-last, third-to-the-last -- of my test score as a General Contractor III. It was issued on April the 25th, 1980 -- correction, May the 12th. That letter was issued in 1980. I have copies on the second-to-the-last of my license in Monroe County, state license registry, and my certificate of competency in the City of Key West, Florida. MR. BEAUMONT: Mr. Sweeting, may I? MR. SWEETING: Yes, sir. HR. BEAUMONT: It appears to me that on May 12, 1980, you got a letter from the County of Monroe saying that you got a 74 percent on your General Contractor III exam. I assume that County of Monroe must allow a 70 percent passing to get a -- MR. SWEETING: Yes, sir, on the Block and Associates. Yes, sir. -MR. BEAUMONT: -- a license. Our -- our requirement in Collier County is 75 percent. MR. SWEETING: Correct. MR. BEAUMONT: And I would have to ask Mr. Neale two questions. One -- or actually I should direct the first one towards Mr. Bartoe. In 1980 what was our requirement? Was it 75 percent or was it 70 percent? ' MR. BARTOE: You're asking the wrong person. MR. BEAUMONT: Okay. Mr. Neale? MR. NEALE: I have -- MR. BEAUMONT: No. MR. NEALE: I must say I have no idea what -- MR. BEAUMONT: Do we have the authority to waive any of the requirements for this license? I don't think we do. MR. NEALE: Well, it's an issue that we're going to ' discuss quite a bit today, and I believe that the way our code is written -- and this is something that we're going to discuss in the workshop also, probably -- there is the ability of this board -- and it's -- it's done it before -- to determine whether someone meets the licensing requirements under the division -- under our code. Now, it's -- I believe from my reading of the code, and I think -- Mr. Palmer and I have had a little discussion about this too -- that this board does have within its power to look to the whole Page 3 January 15, 1997 of the person's qualifications as opposed to just the absolute specifics of did they get a 74 or a 75. That's my belief. If -- if you look at -- in the codified version, Section 22-184, Subpart A -- Subpart A(5)(B), it says the applicant meets all licensing requirements provided for by this division. Now, it does say in most of these that you require a passing grade on the exam, but there's a question as to whether competency can be shown in other ways. And so that's an issue that we're going to need to take up as -- as time goes on. But, you know, I think Mr. Palmer may want to speak to it from the county's point of view. But from the point of view as representing this board, I believe the board does have the power to -- to waive certain requirements if they believe that adequate evidence has been shown that the applicant is qualified or unqualified. If you look at Subsection C in that same section, it says that, Upon the evidence presented by the applicant and a contractor licensing supervisor, the board shall determine whether the applicant is qualified or unqualified for the trade in which application has been made. I -- I -- my reading of that is that the board does have the power to, certainly not make major excursions into -- just because they like someone you can become a contractor, but if the person can show on adequate evidence that they have the competency, they can do it. I believe we had a case last year where we had a painter come up who had not taken or passed the exam or did not have the experience requirements that would normally be shown but had evidence brought forth that he had the -- the experience as a painter and the board granted him a -- a license -- a certificate at that time. So as I 'saT,' I think this board has the ability to make judgment calls in -- in areas where their expertise can -- can be brought to bear. As you see in that same section, it says that findings of fact and conclusions of law have to be made regarding the approval or denial. So I hope that answers your question, but you know -- MR. BEAUMONT: It does. MR. NEALE: Okay. MR. BEAUMONT: Mr. Sweeting, could you give us a brief synapse (sic) of the last 16 years in the County of Monroe? MR. SWEETING: Sixteen years? MR. BEAUMONT: That's what -- I'm basing it on 1980. Today's -- well, 17 years. MR. SWEETING: Well, I'll start back as far as when I first graduated from Key West High School, that was in the year 1963, after which I went into the military and served in the service there ' for a short term. After getting out of the service, I joined Monroe County Sheriff's Department in 1968, and I was a road patrol officer from 1968 through 1980. During my tenure there, I also did construction work to try to supplement my income and that was in the construction trade industry for quite a year -- few years as well as I worked with my father who was a carpenter. And I worked for several different general contractors in Monroe County in the Marathon area. And in 1980 after leaving the sheriff's department and going into the Page 4 16G January 15, 1997 construction trade industry, I worked in many numerous areas of construction in residential. I have built well over a thousand homes and -- over in Monroe County alone, as Mr. Herb Rabin had said in his letter, since 1968 -- correction, 1988. These past nine years I've built 452 homes in Monroe County that he knows of during his tenure at the Building Official Monroe County. And I've also built homes for the county themselves, residential affordable housing in Bernstein Parks, and I have a couple other contracts that will be coming up probably to build within the county parks as well. The number of homes that I have built over the years, I've also encountered a lot of times with a lot of nice customers that we've built homes for as well as we've had our ups and downs with some people too. But I've never had to go before the licensing board for any illegal activities, otherwise I wouldn't be able to get a letter from the board of -- the board in Monroe County as well as the building official in Monroe County. And I have been in good standing in Monroe County. I have also served for Monroe County as a code enforcement board member for about four years, I believe, in Monroe County on the code enforcement. I'm in hopes that the future will allow us to come to Collier County and be able to build homes in Collier County. My reason for wanting to move to Collier County and build homes is two. One is, it takes approximately six months in Monroe County to obtain one single-family residential permit. Under the comprehensive land use plan, it has become very restrictive. Being a neighboz county, it is very easy for me to commute from there to here. It takes me about four hours to travel and get here. As well as I have also had my son, who %s a state-registered general contractor in North Carolina, who's come down and helped engage my business and helped me carry my business on over the years. And he and I both plan on trying to -- if the board will approve -- doing some single-family homes in Collier County and -- which he likes the area, and he looks forward to moving in this area. MR. GRESSANI: Mr. Sweeting, have we ever been in contact before, you and I? MR. SWEETING: I'm trying to recall offhand. Sometimes my memory gets a little short. MR. GRESSANI: I don't believe I have, but have -- do -- do you ever remember -- MR. SWEETING: No, sir. MR. GRESSANI: Okay. Did you take the opportunity to review your test after you took it? . MR. SWEETING: No, sir. I did not sit down and review the exam itself. MR. GRESSANI: After taking the exam myself -- and it's a 19-hour exam, a two-day exam, that's very comprehensive, and the wording in some of the questions are a little bit tricky and you can get a different interpretation by just misreading one word and making an &ns~_r wrong. I don't question the fact that you missed by one ~oint, and after reviewing all the documentation that you've presented Page 5 16G January 15, 1997 here and what you've had to say, I do believe that you have the experience to be a qualified and good general contractor plus also the fact that you have stated that you have never been brought before any board questioning anything about your work. I would recommend that we allow him to pass. CHAIRMAN HAYES: If I may, as a matter of clarification, Mr. Neale, the word 'reciprocity' -- we are, as I understand it, accepting reciprocity with different counties throughout the State of Florida for variable licenses, whether they be general contractor, subcontractor, etc. If every single thing in our ordinance has to be adhered to to receive a license, what does the word 'reciprocity- have even being in there? MR. NEALE: Well, I -- I agree with -- what I think you're driving at is that if someone -- reciprocity typically would mean that if someone is deemed to be qualified in another county, they are deemed to be qualified here within the same type of jurisdiction. If we then say that, well, aside from being qualified in the other county, you also have to do all the things we say you have to do in Collier County, then reciprocity really loses its meaning to my point of view. ' CHAIRMAN HAYES: Well, that's exactly my point. What is reciprocity if it isn't to reciprocate? If they must always meet our criteria according to our licensing ordinance, what -- what is reciprocity? Why do we even have it here? And I think in this particular case, it may be a good case in point to be able to put together some discussion on what does reciprocate mean. If you're carrying a license in any county in the State of Florida and Collier County has in our ordinance the requirement of reciprocation, then i~'~ ~ done deal as far as I'm concerned. Whether they meet the criteria for the license or not is not an issue. MR. NEALE: The only exception in here is that as this is a registered state -- he is a registered state residential contractor. Under the state registration under 489, it does require that he meet any local requirements before he goes into another municipality. So it's a little -- it's not a fully reciprocal license, to my understanding. It's -- it's a little bit different than some of the other local reciprocal licenses for specialty trades, for example. CHAIRMAN HAYES: Well, that's what I'm trying to get at. Based on the theory of reciprocity, I don't see where we can make him do anything any different than -- not even have an exam at all. If he is licensed under another municipality with no examination -- an example may be the grandfathering. If, in fact, in 1980 they ' grandfathered the license to a gentleman with no examination at all, if we are truly going to reciprocate for a license holder in the state, then the license -- the test examination is insignificant and neither is the experience. I'm just trying to separate the two finally so that we can clarify, do we have reciprocity? And if so, why a~-~ we wasting time with an individual that all he has to do is go down to licensing and pick up his license? MR. BEAUMONT: Mr. Hayes, my only problem with that is Page 6 16G January 15, 1997 that if I went to Key West right now and tried to apply for a reciprocity license with a Collier County license, they would probably not give it to me. So where is the reciprocity? I mean, it's got to be at both ends of the -- the situation. Under this circumstance I -- I think to just move things along, I agree with -- I -- I think we should Just make a motion that we approve Mr. Sweeting's request to obtain a residential license in Collier County based on the evidence given here, the testimony by Mr. Sweeting, and -- we'll call it Exhibit A, the letters from the County of Monroe. Based on the fact that he did receive a license or a passing grade in the County of Monroe in 1980, I feel that he meets the requirements of Collier County. MR. JOSLIN: I'll second that motion. MR. SCHOENFUSS: Agreed. CHAIRMAN HAYES: We have a motion -- that was in the form of a motion, then -- and we have a second. Any further discussion? Ail in favor? Opposed? (No response) CHAIRMAN HAYES: I agree with that. I don't have a problem with it at all. I was just questioning our procedures. We need to discuss those procedures among ourselves, but in this particular case, you're absolutely welcome to do business in Collier County. MR. SWEETING: I appreciate it. MR. BEAUMONT: One --~one stipulation. Me does have to meet -- meet the credit requirements and the insurance requirements and ~I1 the other requirements. MR. BARTOE: Complete application. MR. BEAUMONT: That's correct. MR. GONZALEZ: And this is for residential? MR. BEAUMONT: Residential. CHAIRMAN HAYES: Residential contractor. MR. SWEETING: Right. And I also have kept up my 14 hours; so it's up to date, and I have records of that, too, that I can produce. MR. GONZALEZ: Continuing education. MR. SWEETING: Yes, sir. I just finished at the junior college, and I had my 14 hours completed. And I thank the board very much, and you all have a good day. CHAIRMAN HAYES: Thank you, sir. MR. BARTOE: Mr. Sweeting, have you picked up an - application from our secretarial staff? MR. SWEETING: Yes, sir, I have. MR. BARTOE: Okay. You can complete that and get back with them in the near future. MR. SWEETING: Yes, sir. Thank you very much. CHAIPd~AN HAYES: Next we have Carole Munger, request to renew while license is revoked in Lee County. MR. BARTOE: Mr. Paul Balzano, licensing compliance Page 7 January 15, 1997 officer, will speak on this matter. MR. BALZANO: Good morning, gentlemen. CHAIRMAN HAYES: Do we need to swear him in? MR. NEALE: Yes. (The speaker was sworn.) MR. BALZANO: At our meeting on December 18th, Carole Munger was supposed to come before the board about the problem she had in Lee County, having her license revoked, and she hadn't renewed her Collier County competency license -- competency card. And she was a no-show, and I was advised by you gentlemen at that time to send her certified mail requesting her to be at this meeting, which I did. We sent a certified mail on December 23rd. We have yet to get the green card back or hear from her. On December 3rd Mr. Mirich, who is part of M & M Concrete -- he's not the license holder -- gave a proposal in Golden Gate Estates to a gentleman, and they took $1250 from him. They've yet to do the work. I have the signed agreement by Mr. Mirich for M & M Concrete and copies of the check. On January 8th Jim Schultz and I made arrangements to meet M & M Contract (sic) to give us a price on doing a job, which they did show up, which he was cited to court for contracting in Collier County without a license; and he was also arrested as you can see by the picture (indicating). There were warrants for his arrest out of Lee County. We recommend that their license not be reinstated. And as -- as of yesterday they're still advertising in the Naples Daily News, and the address that Mr. Mirich gave me on January 8 of 1563 Brantley Road in Fort Myers is the address of which I sent the c~rt~fied mail, which they did not accept. Any questions? CHAIRMAN HAYES: We made our intentions quite clear in the minutes of last month that in the case of Carole Munger's renewal, we wouldn't even consider it until she appeared in front of the board. I think, as far as I'm concerned, it doesn't get much clearer than that. MR. BEAUMONT: Is -- is it feasible for Collier County to send a letter to Naples Daily News saying that this is an unlicensed contractor, or is that against -- MR. BALZANO: Jim Schultz and I personally went to Naples Daily News yesterday with a list of people that they have in the newspaper that are unlicensed, and we had a long conversation with them. And a couple of them -- we have reasons that at this time I don't wish to reveal -- have asked them to run the ads for another week, and then they will be pulled. · CHAIRMAN HAYES: I think that the contractual agreement between the Naples Daily News advertising department and an advertiser is something out of our jurisdiction. Is there anything that we can do? Is there any charges we can go forward with against the advertisers themselves, not the Naples Daily News, because that's the KR. BEAUMONT: It's state law that if they advertise in the Naples Daily News, they have to have their license number next to Page 8 January 15, 1997 their ad. Naples Daily News should not be allowed to publish an ad unless the license number is there in black and white. MR. BARTOE: All -- all newspapers run a little article %hat you have to have your number, etc., in the ad; however, we cannot mo anything if the newspaper accepts it other than have our talk with them and advise them. CHAIRMAN HAYES: Well, that's my impression. The newspaper is beyond our jurisdiction in this -- MR. BARTOE: And as -- as Mr. Beaumont says, yes, we can --- we can cite for contracting without a license and also for advertising without a license. MR. SCHULTZ: It becomes a -- a criminal issue, quasi-criminal/civil issue. The state attorney would have to pursue the newspapers, you know, taking these ads in and taking them -- you know, posting and publishing them. But, see, we got another problem also. Like we explained to the guy at the Naples Daily, these guys -- they give bogus numbers. They don't require Joe Blow to come in and say, okay, here's my comp. card with my license number on it. They do this over the telephone. So a chimpanzee could call up, and if he could talk, he could get an ad posted and give them any kind of a bogus number. MR. GONZALEZ: Can't we supply the Naples Daily News with a list -- HR. BALZANO: What we're going to do -- MR. GONZALEZ: -- so that they can cross-reference? MR. SCHULTZ: These things are on the Internet now. We -- we showed Naples Daily. I -- I pulled five pages off the Internet of unlicensed people in this county, in this county, on the Internet. 'MR. BALZANO: What I had -- the conversation that I had with the lady at the Naples Daily News is around February, the end of February, we do a printout of all licensed contractors, which we carry in our vehicles for quick reference, that we would give them a copy. That way when someone calls in for an ad and they give them a number, they can look it up, because you don't find too many state-certified contractors advertising in the specialty section of the newspaper. CHAIRMAN HAYES: This is true. My concern -- I'm -- maybe I'm dense this morning, but I'm missing -- everybody seems to be missing my point. The violators are the individuals paying for the ad. Why can't.we prosecute them? MR. BALZANO: Well, that's what I just said to you. Evidently, you didn't pick up on it. I said we had asked them to leave the ads in for another week, which I did not want to reveal what we have -- CHAIRMAN HAYES: Okay. So that we could pick up on the individuals? That's what I'm -- that's my -- I understand -- I feel that's our only source of -- of attack is -- the person paying for the advertisement is the one in violation of the law. MR. BALZANO: Last month between the three of us just going through the -- the ads, the classified ads in the Naples Daily News, cited over 20 unlicensed contractors to court just from phone calls. Page 9 January 15, 1997 MR. SCHOENFUSS: How about advertising in the classified section of the telephone directory? MR. BARTOE: We cannot control the telephone company either, sir. MR. SCHOENFUSS: The telephone company openly says that it makes no attempt to verify whether or not people placing advertisements are -- are licensed or qualified to do that, and they back out completely. So as Gary says, it's up to the individual to be prosecuted by somebody or other. MR. SCHULTZ: And when we catch them, we do. MR. SCHOENT73SS: Have you checked that as well? MR. SCHULTZ: You bet. Yes, sir. We sure do. And let -- let me put the board's mind at ease. There's a big truck coming down the road within the next few days going to take care of all this. CHAIRMAN HAYES: Okay. As far as I'm concerned -- is there a-ny other need for discussion on the Carole Munger issue? We can delete that from our agenda heretofore. MR. BARTOE: Am I correct in saying the board wishes to deny renewal until she appears before you? CHAIRMAN HAYES: You're absolutely correct. MR. NEALE: I would recommend that the board take that in the form of a motion. CHAIRMAN HAYES: We -- we did last month, and I guess we can take a formal -- to renew our position. MR. GONZALEZ: Well, I think we've given her two opportunities to appear before us, and she's -- she's been a no-show both times. To -- to give her another opportunity to appear before us, I think she should have to apply and retake the test. - ~R. BEAUMONT: Not only that, but her company has violated the law in the meantime. MR. NEALE: I -- that's why I'm suggesting that the board make a motion to not -- not the same motion that you made the last time, but one that may fit more with what Mr. Gonzalez has -- has said. MR. BALZANO: One other bit of information is yesterday we were trying to get them again -- which we had the hook in the mouth, but didn't quite set it -- and they had caller ID and saw that the call was coming from Collier County. They were coming to give us another price to do more work. So they're going to continue in Collier County. It's as simple as that. CHAIRMAN HAYES: So we can rest assured it's an ongoing investigation? MR. BARTOE: Correct. And they can't trace a cellular ' phone. CHAIRMAN HAYES: Do I hear a motion from anyone? MR. GONZALEZ: I make a motion that we hold her license until -- until she makes an application and meets the requirements and takes the test and passes it. C~AIRMAN HAYES: And appears in front of this board. MR. GONZALEZ: And appears in front of the board. I'll make that a motion. Page 10 January 15, 1997 MR. BARTOE: I believe she's already taken the test and passed it. She was just trying to renew here when we had learned about her problems in Lee County. Is that correct, Paul? MR. BALZANO: Correct. MR. GONZALEZ: She's -- she's missed her renewal period. MR. BARTOE: Correct, she has missed it now. MR. GONZALEZ: So I think that she should have to take the test again. MR. JOSLIN: Has it gone over the renewal time allowed to her? MR. BARTOE: I -- I don't think our ordinance is presently set up that way, is it, Mr. Neale, to require a person to take the test again? MR. NEALE: Well, it does say that they have to make a reapplication. I don't see where this board would have -- I -- I don't see a problem in this board saying the reapplication should include a retaking of the test. I mean, we don't have it specific in there, but once you've gone past December 31st, it does say you have to make reapplication. MR. BALZANO: If you want to make it simple, what we can do is put a packet together and have it before the board next month or the month after and present the case that they should not have a contractor's license at all. HR. BEAUMONT: I make a motion that we deny renewal of Carole Munger's license because she has missed the past two meetings, which she was notified of, and because she's violated the law in -- in that two-month period. End of story. HR. NEALE: I would suggest that as opposed to saying she ~i~lated the law, that evidence has been presented -- MR. BEAUMONT: Evidence has been presented -- MR. NEALE: -- indicating that she has -- MR. BEAUMONT: -- indicating -- HR. NEALE: -- because we haven't had a chance to have a hearing. HR. BEAUMONT: -- that she's violated the Collier County licensing law in the period in which her license was not renewed. CHAIRMAN HAYES: I have two motions on the floor. Would you like to withdraw your motion, Mr. -- MR. GONZALEZ: Yeah. I'll go with Gary's. HR. GRESSANI: I'll second Gary's motion. CHAIRMAN HAYES: I have a withdrawal on the first motion, a motion and a second on the second motion. All in favor? Opposed? · (No response) CHAIRMAN HAYES: Thank you. Okay. Moving along, Edward Mason, review of credit report. MR. MASON: Good morning, gentlemen. Thank you for the opportunity to appear before you. My name is Edward Mason. C~UtT~ HAYES: And what are you here today for, sir? HR. ~ZASON: I'm here to reinstate my flooring license to incorporate ceramic tile, marble, wood, as well as carpet, here in Page 11 166 January 15, 1997 Collier County. I'm a past license holder~ and I have those licenses, as far as competency and occupational, with me. They span the years of 1991 through 1993. CHAIRMAN HAYES: Sir, okay. May we swear you in? MR. MASON: Yes, sir. (The speaker was sworn.} MR. BARTOE: And I believe, Mr. Chairman, board members -- Mr. Mason can correct me if I'm wrong. I believe when he went to renew, that our secretarial staff had some questions regarding his credit report, and they -- they felt that he should come before the board in case they have any questions. MR. MASON: Yes, sir, Mr. Bartoe, that is correct. At the time that I made reapplication, I spoke with Miss Judy Puig at the licensing board at which time she directed me to speak with Mr. Jim Schultz, and I did that. The particular incident and debt in question is over five years old. It was from Sikes Tile out of Miami, and I took the opportunity to call and speak with the individual in charge of credit at Sikes: and although he remembered the situation -- I had given a deposition approximately a year ago for Sikes Tile with their lawyers, a sworn deposition here in Collier County, at which time they assured me that as per the filing of this fiscal year of their taxes and so forth, that this would be eliminated from my credit report. It stems back to work that was done by my company, Personal Touch Tile & Marble, for the Coral Isle Factory Outlet Stores, and those materials were specifically purchased for that complex on 951. And at the time that the work was completed, we were due a final draw of $20,000-plus that this company just simply refused to pay. It was not because of workmanship; it was not because of confusion of material. They were just a big outfit, we were a small outfit, and they refused to pay. Their advice to me was to get a lawyer, and being the small company that we were -- we had not been in business much over a year as Personal Touch Tile & Marble at the time -- it effectively broke our backs. I have never in the three and a half years as a licensed contractor in Collier County had to appear before the board for any legal matters. I have never, to my knowledge, had any call-in complaints from any of the clients that we served to include both residential clients, single-family homeowners, as well as builders and contractors in.the area. And I would respectfully request that my license be renewed for both my competency card and my occupational license to serve here in Collier County. MR. BEAUMONT: is there a reason you didn't hire an attorney and collect the money? · MR. MASON: Yes, sir. That $20,000 -- when this happened -- we found out Christmas Eve. We had been faxing back and forth to this developer for approximately three weeks since we had completed this project. We did it as per specification. We did it by the numbers, and the work still holds up today on that job site~ and uhey ~us~ told us effectively, you're going to have to fight us in court. And this $20,000 was money that would go to pay not only the bill at Sikes, but also the salaries of the men who had done this Page 12 16G January 15, 1997 work. And as I say, on Chris~mas Eve at about eleven o'clock in the morning, they told us that they effectively were not going to pay us, and his -- his advice was to get a lawyer. Between myself and my partner and money that we had in the bank, we went -- we withdrew -- we paid our crews, and we, effectively, closed the doors on Christ. mas Day, and that put an end to Personal Touch Tile & Marble. If I may add, that bill with Sikes was considerably larger than it appears on this credit report. And during the next two consecutive years, I returned my license to Ed Mason d/b/a Ed Mason and then continued to mail payments to this company whex~ I could with the amounts that I could, and I whittled this down by a considerable amount, in excess of $5,000. And then at that time there was just no way for me to make any more payments on this. There -- you know, it just -- it just became, you know, unavailable to me. HR. B~AUMONT: My concern is that a good businessman would have filed a notice to owner, would have collected on a lien, and would have paid their subcontractors. You know, in our attempt to -- to make sure that the supply houses don't get taken over the years, the whole idea of this credit report is so that there aren't any business debts. It sounds to me that if you had had a little bit more business experience, you would have been able to collect this money and pay the supplier. I'm not saying that you would have, and I -- I know the situation, because Coral Isles screwed -- o:' excuse me. HR. MASON: Yes, sir, I understand. HR. BEAUMONT: It was a problem similar to other developers in this town. But a simple notice of -- of owner and a lien and you would have collected the money without any doubt in my mind. "HR. MASON: Mr. Beaumont, respectfully, if I could respond to that, I did have a lawyer. We went to a lawyer, and we spoke extensively with the lawyer. Our lawyer called Sikes Tile and gave Sikes Tile all the information on where the material went, what the numbers of that material was, the invoice numbers, the date of shipping, the date of receiving, all of the information, and handed it to Sikes; because Sikes, as you probably very well know, is a very large organization with the wherewithal, with retained lawyers, and financial backing to take on this sort of situation. My lawyer explained to me that although we -- and we did put a lien on this property, but my lawyer specifically told me that until this total property was sold in total that this gentleman, this conglomerate, this corporation, could continue to rent and lease these spaces until the end of actual time. And until he decided to sell the block, then and only then could those liens be realized and that at ' that point in time, we would be lucky to see 20 cents on the dollar~ and it -- it would only happen when he decided to sell those. In the interim, this individual was locking and stocking these stores with new owners, and this business continues to thrive today. And I know several other subcontractors, the people who installed the lawns and ~he ~$=a~in~, that to this day have still not received a dime and are still in litigation~ and I simply could not afford it. It was all we could do to pay the men who installed the work so that they could Page 13 16G I January 15, 1997 whose license were you working under? MR. BEAUMONT: Coral Isle was done in '91. HR. GONZALEZ: It was in '917 MR. MASON: Yes, sir. That was the second phase of Coral Isle Factory Stores that was initiated and completed in '95, and I had nothing to do with that. HR. GONZALEZ: Okay. MR. MASON: I have copies of those licenses here if any of the board members would care to see them, both occupational and competency. CHAIRHAN HAYES: Any further questions? Any recommendations? AnY suggestions? Any comments? HR. GONZALEZ: I have one more question. So you haven't done any work laying tile since '93? MR. MASON: Absolutely not. No, sir. MR. GONZALEZ: Okay. MR. BEAUMONT: Hr. Chairman, I'll make a recommendation that we allow Hr. Mason to renew his -- I assume it's a renewal or is it a reapplication? , HR. BARTOE: Yes, it would be a renewal. HR. BEAUMONT: A renewal of his license, but with a one-year stipulation on credit report so that in one year you would have to bring back a credit report just verifying that your current financial status hasn't changed. CHAIRMAN HAYES: Is that a motion? HR. BEAUMONT: That's a motion. HR. NEALE: Just -- I'd -- I'd like to make a point that under the ordinance it does require a reapplication if it's been more thaw the previous year~ so -- HR. BEAUMONT: Okay. I make a motion -- this is my second motion -- that Ed Mason be allowed to -- to reapply for his tale license with a stipulation that if it be given to him, that he be required in one year to supply the county with a credit report. HR. GONZALEZ: A cleaned-up credit report. HR. BEAUMONT: Well, a credit report that doesn't show any additional business debts. CHAIRHAN HAYES: I have a motion on the floor. Do I have a second? HR. GRESSANI: I'll second that. CHAIRMAN HAYES: I have a motion and a second. All in favor? Opposed? HR. GONZALEZ: I'm opposed. . MR. JOSLIN: Aye. CHAIRMAN HAYES: We have two opposed, and I approve. One, two, three -- we have four approvals, four yeas~ two nays. The vote carries. HR. MASON: Thank you very much, sir. And for the beard's information, I had and have filled out all the applications. I've gone through that paperwork. I have my workman,s comp letter here along with that check, and I have an insurance agent standing by Page 15 January 15, 1997 for the board's decision this morning to insure me. And I'd like to assure the board that within the year I will be more than happy to initiate another credit report at my cost and send that to Collier County Licensing. I will make it attention Judy Puig so that she can get it to Mr. Schultz or Mr. Bartoe or any of the individuals that will be responsible for reviewing this. And I'd like to assure the board that given this opportunity, I will make Collier County proud of me as I did in the past. And I'm -- I'm older and much more knowledgeable now, and I will not enter into a situation that I feel will be tenuous to me as this situation was with Coral Isle Factory Stores. And I'd just like to thank you for your time and for your votes of confidence, gentlemen. CHAIRMAN HAYES: Thank you, Mr. Mason. MR. MASON: Thank you. MR. BARTOE: Mr. Mason, Judy will not be aware of this until I get back in the office, but if you want to proceed to advise her, I'll let her know what happened when I return. MR. MASON: Yes, sir. Thank you very much, Mr. Bartoe, Mr. Schultz, gentlemen. CHAIRMAN HAYES: Moving along, Scott Jenkins, request to qualify second entity. Mr. Jenkins. MR. JENKINS: Good morning. My name is Scott Jenkins. I'm applying for a -- a painting contractor's license, and I don't know what else -- what other information you would need. CHAIRMAN HAYES: All right. You're -- you're applying for a second company qualifying? You already have a license? MR. JENKINS: Yes, sir, I do under -- MR. BARTOE: Excuse me. I believe we should swear Mr. ~enkins in. (The speaker was sworn.) MR. BARTOE: And would you state your full name for the record, please. MR. JENKINS: Yes. Scott Alan Jenkins. Yes. I have a license, a painting contractor's license, now under Perfect Painting, Incorporated, and my objective is to -- to get a license for a separate company to do full finishing and specialty wall finishes. And I went down to -- to get what I -- I didn't know if I needed an occupational license or if I needed another competency card. And when I went down to.the compliance services, she said that I would need to get another competency card and to fill out all the appropriate forms and credit reports and -- and whatnot and -- which I have done, and then to come to the board today. CHAIRMAN HAYES: I understand this application is that ' he is trying to qualify a second entity. He needs an additional competency card for that? MR. BEAUMONT: No. MR. BARTOE: Yes, sir. MR. BEAUMONT: A second entity -- MR. BARTOE: For qualifying two companies, you -- you need two separate certificates. and got your license revoked? What if you got in trouble with one You could -- you'd still be good with Page 16 16G 1' January 15, 1997 your other company. If you only had one license and were running ~ companies and got that revoked under one company, the other company would no longer be good. MR. BEAUMONT: That's correct. That's how it's supposed to be. That's -- MR. BARTOE: That's why you need two. CHAIRMAN HAYES: I understand. I -- I guess my confusion is that in the past when we've had people request to qualify a second entity, these -- these words haven't been mentioned; and so I assume, then, that this has always been the case. We -- we Just haven't stated it in just exactly those terms. MR. BARTOE: That's correct. CHAIRMAN HAYES: Okay. MR. BEAUMONT: Mr. Jenkins, are you the sole owner of the other painting company? MR. JENKINS: Yes, sir, I am. MR. BEAUMONT: What's the purpose of the two companies? MR. JENKINS: Well, two reasons, really. I wanted to give it somewhat of a separate identity to -- to give it more of a -- to focus more towards a specialty market and also to separate the monies so that they're -- I don't end up having all my -- all the monies from one job into another -- into one company. MR. JOSLIN: What's different about the two companies? MR. JENKINS: Well, the one company does painting, Just regular painting; and the other company will do specialty finishes like full finishing, wall glazes, marblizing, things like that. HR. JOSLIN: Interior painting? House painting? MR. JENKINS: Yes. ' 'MR. BEAUMONT: Mr. Chairman, I make a motion that we approve the request for Mr. Scot= Jenkins to qualify a second entity based on the evidence presented at this hearing. MR. JOSLIN: I'll second that motion. CHAIRMAN HAYES: I have a motion and a second. Any further discussion? All in favor? Opposed? (No response) CHAIRMAN HAYES: Motion carries. time.MR' JENKINS: Thank you very much. I appreciate your CHAIRMAN HAYES: I have a credit report for Adolphus Davis. Are you Mr. Davis, sir? MR. DAVIS: Yes, sir. . MR. BARTOE: And the staff requests Hr. Davis be sworn in also. (The speaker was sworn.) CHAIRMAN HAYES: Your name, sir? MR. DAVIS: My name is Adolphus Davis. CHA/RMAN HAYES: And you're here to see us this morning for -- MR. DAVIS: For a license, competency license. Page 17 16( 1 January 15, 1997 MR. GONZALEZ: In what field? MR. DAVIS: Residential contractor. CHAIRMAN HAYES: Staff, if my -- if my -- if I may ask, he's applying for a residential contractor's license? This is an original application? Has he filled out an application for this license with staff? MR. BARTOE: Yes, dated December 19, '96. MR. GONZALEZ: Do you hold a license in Port Charlotte? MR. DAVIS: Yes, sir. MR. GONZALEZ: Is that a registered or a certified license? MR. DAVIS: Registered. MR. GONZALEZ: State license? MR. DAVIS: Yes. CHAIRMAN HAYES: Is your license current and valid in Charlotte County? MR. DAVIS: Yes, sir. MR. BEAUMONT: Mr. Davis, it looks like the problem here is the number of claims of liens against your corl~oration in Charlotte County. Would you like to enlighten us? MR. DAVIS: Well, I'm only aware of one claim of lien so far. MR. BEAUMONT: There's approximately three, I believe. Well, let me go back; there's more than that. HR. GRESSANI: Five. HR. GONZALEZ: There's five on page 2. MR. BEAUMONT: One, two, three, four, five. There's a final judgment in reference to your insurance company, and there's als~ ~ final judgment of foreclosure. Would you like a copy of this so you might -- MR. DAVIS: Sure. CHAIRMAN HAYES: I assume you don't have a -- a awareness of this credit report? HR. DAVIS: No, sir, I have none. CHAIRMAN HAYES: Mr. Bartoe, we're -- Mr. Davis is looking to apply for a residential contractor's license in Collier County given the fact that he is a Charlotte County residential contractor. Is that what's in front of us? HR. BARTOE: That's correct. And the secretarial staff was questioning the credit report. CHAIRMAN HAYES: Okay. Do you have anything to say about the credit report? MR. DAVIS: Okay. What I can see here -- the only thing · we're aware of is Wausau Insurance Company, which we're still in negotiation with the company. We haven't have any final Judgment. We don't intend to have -- have it go before the court. We intend to clear up with it before the -- the time. There's one here about First of America, Hazel Hylton. That's -- they owe me money. I don't know l%ow they Got this come to me; but Hazel Hylton, they're a party that owe me money. And I think they're having a foreclose on their property, but haven't got nothing to do with me. I'm the one that Page 18 16G January 15, 1997 should be collecting, not paying out. MR. BEAUMONT: Actually, if you read it correctly, it says First America Bank against Hazel Hylton. You were notified of the final judgment. This really is not a -- MR. NEALE: Did -- did you have a lien on that property at the time? MR. DAVIS: Yes. MR. NEALE: Okay. That's -- what they were doing is foreclosing his lien. MR. BEAUMONT: That's how I -- MR. NEALE: So that's not relevant really. CHAIRMAN HAYES: I would just like some explanation on the one, two, three, four, five liens that are currently against the company for $1290, $1808, $1470, $1700, and $712. Is this an ongoing job, a current job, a job that you walked away from, or is it a Job that you didn't get paid from, or a multitude of jobs or -- MR. DAVIS: No. This is -- can we -- I can't find at the present time. Can you say what company are those, please, because I can't see them? CHAIRMAN HAYES: They were on the second page of the report at the top. The list of them there that says plaintiff -- or it says county liens. It says Charlotte County has the following records to date of any liens against the subject as of 12/12/96, and there's a list of one, two, three, four, five of those. MR. DAVIS: I'm only aware of -- of Sod Buster, which we're still paying them. The amount here is incorrect. I think this is a whole-time thing that should be abolished long ago. This is quite a few years old, which this bill has been paid. These are -- these'other name here, we haven't owed them any money. I haven't owed them any money. MR. BEAUMONT: Mr. Davis, a lot of times when a claim of lien is filed and you pay them, if you don't record your release of lien at the county, they stay on the county records. These all a$~ear to be from 1992 to 1993. You may have overlooked the requirement of releasing these liens. What I would suggest is if -- if at all possible, if you could get the County of Charlotte -- actually, none of these liens are any longer in existence. MR. NEALE: They're dissolved by statutes? MR. BEAUMONT: All out by statute; correct? MR. NEALE: Uh-huh. MR. BEAUMONT: Okay. CHAIRMAN HAYES: They're not significant. MR. BEAUMONT: My -- two -- two concerns I have. One · is, if you're in litigation with your insurance company, do you have insurance? MR. DAVIS: Yes, we do. MR. BEAUMONT: You do have insurance? MR. DAVIS: Yes. MR. BEAUMONT: Mr. Bartoe, is that part of his apDIication? MR. BARTOE: It should be. Let me check here. 1 Page 19 16G I January 15, 1997 MR. BEAUMONT: Okay. And the second item wouldbe -- basically be that in '92 and '93 you allowed liens to be placed on lobs that you were working on. I would hope that in the future that this is not a common occurrence. I mean -- MR. DAVIS: No, sir. Well, I have been in business now for the past 18 years in Charlotte County, and we never have a problem such as not paying or anything like this. This is the first time we have a dispute with Wausau Insurance Company, and that's the only reason why we have this here. With the -- the one in Sod Buster, which is the only one i'm aware of, that has been taken care of for a long, long time. MR. BEAUMONT: Yeah. That was in '92 also. MR. DAVIS: Yes. MR. BEAUMONT: Mr. Bartoe, has any inquiry into Chazlotte County's licensing board been made by your office in connection to this application? MR. BARTOE: Not by us investigators, and I cannot tell you whether secretarial staff has or not. And to answer your insurance question, he does have worker's compensation and general liability. CHAIRMAN HAYES: I would suggest, perhaps, that I -- based on the fact of the age and the expiration of these liens, these liens are not an issue. My concern is that there aren't any problems in Charlotte County licensing involving Mr. Davis. I would suggest, perhaps, that we consider overlooking some of the credit application and continuing with his application for license. I would, however, suggest that we insist that as part of his a~lication we have a written report from Charlotte County licensing as to the current stat~/s and past record. MR. BARTOE: We can do that, Mr. Chairman, but I don't feel it's necessary. If they'd have had any problems with him, they would have advised us. They always do, any board actions they take. CHAIRMAN HAYES: Very well. What's the pleasure of the board? MR. BEAUMONT: Mr. Chairman, I recommend that we allow Mr. Davis to apply for the -- is it a residential contractor's license? MR. DAVIS: That's right. MR. BEAUMONT: -- residential contractor's license, but again, I would like to see a one-year credit report from the time of issuance of his license. CHAIRMAN HAYES: Is that a motion? MR. JOSLIN: I'll second that motion, if it's a motion. ' MR. BEAUMONT: That's a motion. CHAIRMAN HAYES: We have a motion and a second. Any further discussion? All in favor? Opposed? (No resl~onse) CHAIRMAN HAYES: Motion carries. Continue with the application. Page 20 16G January 15, 1997 MR. DAVIS: Well, I sincerely thank all you, gentlemen, for -- CHAIRMAN HAYES: We're not -- excuse me. We are not issuing you a license. MR. DAVIS: Okay. CHAIRMAN HAYES: All we're doing is allowing the continuation of your application in spite of the credit report. MR. DAVIS: Okay. I appreciate it very m~ch. MR. GONZALEZ: I have one question real quick for him. Whal's the status of Carib Construction? MR. NEALE: It looks like it had a name change, as best as I can tell. HR. GONZALEZ: Carib Construction of Southwest Florida. Is that your company too? MR. DAVIS: No. That was a -- a nonprofit organization. We just -- it's no longer in existence. MR. GONZALEZ: So it's dissolved? ~R. DAVIS: Yes. CHAIRMAN HAYES: Thank you, sir. MR. DAVIS: Thank you, gentlemen. MR. BARTOE: Mr. Chairman, the last item under new business is Matthew Bruet. Is Mr. Bruet here? MR. BRUET: Yes, sir. CHAIRMAN HAYES: Request to obtain restricted pool maintenance license for cleaning only. MR. BARTOE: Again, staff requests Mr. Bruet be sworn in. (The speaker was sworn.) -CHAIRMAN HAYES: Your name, sir? MR. BRUET: Yes. My name is Matthew John Bruet. CHAIRMAN HAYES: And your request? MR. BRUET: I am requesting to get a -- a restricted pool license -- license to -- cleaning pools, vacuuming pools and -- and no -- no repair work. I'm in the process of taking the exam. I've taken it a couple times. I have not passed it yet, and I feel with a business, I can understand the business law aspect a lot more and so that when I take the test again, I feel confident in passing the exam. MR. SCHULTZ: Mr. Chairman, if I may, I put a copy of this on -- in front of you -- each one of the board members. These are excerpts out of the 489 effective October '96. If you look on page 4, paragraph K, I've highlighted what the state has kicked They no longer require a license to do what this young man has Just ' requested for us to do. However, our license, the county or--ce, still requires -- to do what he wants to do, he would have to have license. What -- what we're suggesting and requesting is that wegive him a one-year restricted license to do only cleaning and vacuuming of pools and maintain pH of the pool water, no contracting areas, no tea. a/ring of decks, equipment, or anything of this nature. Now, I spoke to Mr. Bruet at length about this the clay before yesterday, I believe it was, and he -- he state<] to me that ~n Page 21 January 15, 1997 the event that he has a customer whereas there may be something wrong with a chlorinator or a pump, he would then notify or subcontract it on out to a licensed person to take care of that. And -- and staff has no objection that, you know, we -- we grant him a license to do -- a restricted license to do only the cleaning of the pool and maintaining the quality of the water. HR. GONZALEZ: I have no problem with that as long as he realizes that he still has to pass the test. HR. BRUET: Yes, sir. I do plan on taking it and -- and passing it. HR. BARTOE: Mr. Bruet, what is your -- right here, Mr. Bruet. Over here. HR. BRUET: I'm sorry. It sounds lake -- HR. BARTOE: What is your -- what is your experience in this field of cleaning pools? HR. BRUET: Yes, sir. I've been, ever since high school -- I graduated in 1988, and I've been doing pool service for six, seven years now. HR. BARTOE: And you're now employed by someone licensed? HR. BRUET: Yes, sir. MR. JOSLIN: Do you -- have you done residential pools or commercial pools, or which types of pools are you doing? HR. BRUET: Yes, sir. I've done commercial and residential pools. MR. JOSLIN: Is this code going to open the door for commercial applications as well as the -- HR. SCHULTZ: Well, the state has kicked it out. What h~ ~a~ts to do, that's no longer a requirement. It's -- it's a nonissue with the state. HR. JOSLIN: Right. HR. SCHULTZ: We're going to ask the same thing in our ordinance when we come before the board to get these things amended. As far as him doing commercial pools, I have no objection as long as -- as he stays within the guidelines of this restricted license: the quality of the water and the cleaning of the pool. HR. BARTOE: Mr. Joslin, I have a question maybe you can answer. I don't have an answer to it. On these commercial pools, does -- does the state HRS require a license through them? HR. JOSLIN: I believe the state requires now -- not so much the state, but the county requires you to go through -- if you are not a certified operator to have a certified operator's license or go through the certified operator's schooling that's here for -- it's' about a four-week class, I believe. One of the HRS officers gives the class, which would qualify you, then, to have a certified pool operator's license, basically is what it was. HR. BARTOE: And that qualifies you for commercial? HR. JOSLIN: Yes, sir. It was originally designed, I think, for, like, condo managers and people that -- that weren't really pool maintenance people doing a roust-type (phonetic) application. But I think it still applies for someone like this. Page 22 January 15, MR. NEALE: Just for the board's information, this ~ould -- if the board's pleasure is to go forward with this, t ..~,~ ~11 under Section 22-189 of our codified ordinance, which restricted certificates, where it says that this board may-issue a certificate of competency to an applicant for a certlflc~ ~n particular trade which is restricted to certain aspect~ ~'~t where the applicant has satisfactorily demonstrated to ui~ : .... ~ · of said board that the applicant is qualified u~der this article certain aspects of that trade. Essentially, ~his, I think, goes to the waterfall and fountain issues that we've been addressing on and on. CHAIRMAN HAYES: What's the ~leasure? MR. JOSLIN: I'd have to make a motion for ~r. Bruc~ to be allowed to receive a restricted license for a one-yeau D,.~'i_.i MR. BEAUMONT: Limi~ it to residential -- MR. JOSLIN: -- limit It to residential and commerui~i application providing that you go through the testing that the county requires. CHAIRMAN HAYES: I have a motion on the floor. MR. BEAUMONT: Second. CHAIRMAN HAYES: I have a motion and a second. Any further discussion? MR. JOSLIN: I -- I'd just like to add one other thing to that. Also you do understand, Mr. Bruet, that you are in no allowed to do any type of repair work at all? MR. BRUET: Yes, sir. MR. JOSLIN: This is strictly just a maintenance lice:~ze w~'fe'issuing. MR. BRUET: Yes, sir. And -- until I pass the exam, then I can -- HR. JOSLIN: Correct. Good luck. MR. BRUET: Thank you. CHAIRMAN HAYES: I call for the vote. All in favor? Opposed? (No response) CHAIRMAN HAYES: Mo~ion carries. HR. BRUET: Thank you very much, gentlemen. MR. BARTOE: Mr. Chairman. CHAIRMAN HAYES: That concludes our new business. Under old business we have two additional agenda i~ems. MR. BARTOE: Mr. Chairman, I believe, possibly, our reporter may want ~o take a small break here. · MR. NEALE: Yeah. I'd suggest a ten-minute break for the reporter. CHAIRMAN HAYES: We have a -- one of our boar~embers that has a pressing appointment, and I think this first one I'd to get through, and then, perhaps, we can review that if ti:,-~'~. with everyone. Courtney Eagleston, electrical sign. MR. BARTOE: And he is represented by counsel today, Mr. Chairman; and I will let his counsel speak to you. Page 23 January 15, 1997 MR. YOVANOVICH: I recognize a few faces from when I had the pleasure to represent this board. For the record I'm Rich Yovanovich, and I work with the law firm of Roetzel & Andress. And I'm here to represent Courtney Eagleston, and it's a unique set of facts, and it's -- I guess, it's going to be a unique procedure. So I just wanted to make sure -- go through the way I understand this is going to work. I spoke with Mr. Neale, your attorney, and the county attorney's office, both Tom Palmer and Ramiro Manalich, about how we would proceed. Basically, what Courtney Eagleston wants is -- he wants to have an exemption from the testing requirement for electrical sign contracting, and it's based upon a 1992 exemption that he fell through the cracks on. I think the way this would proceed is I would call a couple of witnesses. I would call -- I'm going to call Chief Assistant County Attorney Ramiro Manalich and Courtney Eagleston as witnesses. I would ask them some questions and, I believe, Mr. Palmer would then have the ability to cross-examine; and you, of course, would have the ability to ask any questions of anybody I -- I call. At the conclusion, I believe, this board has the power -- if we prove our case that Mr. Eagleston met the qualifications in 1992 for the limited testing exception -- to go ahead and exempt him from the testing requirement for electrical sign contractors. He still would need to prove to staff that he met the -- the experience requirements. He would just not have to take the test. So that's what we're here for today. If the procedure is a little different than what you normally follow, please bear -- bear with me, and we'll make this real quick and real painless. I guess you want me to give a brief overview of the facts. - MR. NEALE: Yeah. What -- what I suggest, if -- if I may, is that it be similar in character to our normal public hearings, is -- that each side be permitted to provide -- present an opening statement; the applicant will call his witnesses; they'll have the opportunity to be cross-examined; the county, then, can call their witnesses; and then they both get to make a closing statement; and the board, obviously, gets to question at any time. So, hopefully, we can wrap this up fairly quickly. MR. YOVANOVICH: Do you want to swear all the witnesses now and make it easier -- MR. NEALE: Might as well swear all the witnesses. It saves time. MR. YOVANOVICH: Do I have to be sworn? I'm just curious. I don't care. MR. NEALE: Well, you're probably -- you're going to be offering testimony. CHAIRMAN HAYES: If you are offering -- I'm sorry. If you are offering -- MR. YOVANOVICH: I'm just giving you -- CHAIRMAN HAYES: -- testimony. MR. YOVANOVICH: I will support the testimony through witnesses. I am not testifying, but I'll be happy to be sworn if it's easier. Page 24 January 15, 1997 MR. NEALE: Might as well swear everybody, and then we're -- we've got it all taken care of. CHAIRMAN HAYES: Okay. Bear in mind, we've -- we're getting quite talkative. Our court reporter does insist that we do one talking at a time. MR. YOVANOVICH: That's fine with me. CHAIRMAN HAYES: Thank you. MR. YOVANOVICH: I assume that the county staff also sho'lld be sworn. CHAIRMAN HAYES: Yes. Those -- those individuals that haven't yet been sworn. MR. BARTOE: I -- I see in the audience -- Michael Boyd, are you going to be speaking on this? MR. BOYD: If I'm given a chance, I guess. MR. BARTOE: Then you should be sworn also. (The speakers were sworn.) CHAIRMAN HAYES: Are you aware of all three individual names that you just swore in? COURT REPORTER: Yes. CHAIRMAN HAYES: The three individuals you swore in, you know exactly -- you have their names? COURT REPORTER: Except for that one that may or may iiot -- I didn't catch his name. MR. BARTOE: That's Michael Boyd. MR. YOVANOVICH: Essentially, the factual scenario we have before you is that the county records will reflect that Courtney Eagleston had a certificate of competency to install signs. Up through -- up until 1991 there was no limitation on his certificate of competency. In 1991 for the first time a certificate of competency said nonelectrical signs. Courtney brought that, you know, classification to Mr. Clark's attention and asked him to have that limitation removed from the certificate of competency. Prior to nineteen -- and Dick Clark told him that we couldn't do that, and Courtney went to the Contractors' Licensing Board -- some of you may have been on the board; I think Mr. Beaumont was -- and asked for an exemption from, you know, the testing requirements or to be grandfathered in as a electrical sign contractor. At that meeting the minutes reflect that Mr. Clark had advised you, the board, and Mr. Eagleston that the state required that he obtain a state license. So the board denied Mr. Eagleston's request to be grandfathered. In 1992 the county adopted Ordinance 92-61, which was an amendment to its Contractors' Licensing Board Ordinance, and for the first time created the category electrical sign contractor. When that ordinance was adopted in 1992, it had a 120-day limited-testing exemption for anybody who was doing electrical signs at the time to come in, prove that they'd been doing the work, and they wouldn't have to take the test. Mr. Eagleston, although he was the one who brought it to everybody's attention that we needed something for -- you know, a grar~fathering for people who did electrical signs, was never told of this limited-testing exemption. Page 25 16g 1 January 15, 1997 The only notice was your typical notice in the newspaper that the county's going to adopt an ordinance, and I -- maybe it meets the legal technical requirements, but since Mr. Eagleston was intimately involved in this, perhaps he was at least due the courtesy of a phone call to say, "Mr. Eagleston, we've done what you wanted. Please come in and get your license." And this was adopted in -- it was effective August 22, 1992. In October of 1992, Mr. Eagleston, again, went to Dick Clark and said, "What do I need to do?' Mr. Clark gave Mr. Eagleston a portion of the '92 ordinance, the one that said you've got to take a test. He didn't give him the other portion that says, you fit into the exemption; please come in and you don't have to take the test. So he was only given part of the information. All along Mr. Eagleston's been pulling permits to do electrical signs, until recently. In 1996 somebody came out and complained about his getting electrical sign permits, and then he finally came to me and said, "I'm in trouble." He thought everything was taken care of. He was getting permits; so he figured he was doing eve~,thing legally. He came to me. I was vaguely familiar with the Contractors' Licensing Board Ordinance and what happened in '92, and I went back and I looked and saw the grandfathering exception. I then contacted the county attorney's office and said, 'I think Mr. Eagleston slipped through the cracks. Can we do something here so he doesn't have to take the test?~ Mr. Manalich has been working with me and has been working with county staff. He contacted the state to find out if Mr. Eagleston was, in fact, required to obtain a state certificate in order to do this work. The only thing he was required to do back in 1991 was to provide the state with a copy of his occupational license, and ~hat's all he needed to do; so he did not need a state license. He would have become registered and been able to do it. So, basically, Courtney came to staff, asked them what he needed to do to be properly licensed, and he was given advice incorrectly twice. One, he was told he needed a state license which, in fact, he did not need; and two, he was -- he asked about any requirements for the electrical sign contractor in 1992, and he, again, was not told about the exemption. So what we're here today for is to ask this board to recognize unique facts applicable only to Mr. Eagleston and recognize that he would not have to take the test if he had been told about the exemption and, in fact, asked about the e×emption. So that's what we're asking -- we're asking this board to do today is just exempt him from the testing requirement based on his limited facts. We're not asking this board to create a new grandfathering period for everybody in the -- in the industry. Now, if anybody else has Mr. Eagleston's facts, you know, I think you should hear them and -- and do that. But we're not asking for any new exemption for testing requirements. That's what we're here for. I don't know if Mr. Palmer has anything to say. CHAIR/~A~ HAYES: I'm -- I'm questioning on what basis is his exemption. MR. YOVANOVICH: In 1992 if -- if -- he was an Page 26 16G 1 January 15, 1997 electrical sign contractor up until 1992 and has continued to do electrical signs. The codes specifically recognize that if you were an electrical sign contractor as of 1992 when the county began to regulate electrical sign contractors, you could be exempted from taking the test if you proved that you had -- I think it's 24 months' experience. But we will still have to go back and prove that in 1992 Mr. Eagleston had the experience. He just doesn't want to take the test. And he thought this was all resolved, because he's been getting permits. And I know this is 1997 now, and I'm finally being involved, but if we had done -- it could have been different back in '92. CHAIRMAN HAYES: Okay. So in '92 he was doing electrical sign construction with a nonelectrical sign license? M/R. YOVANOVICH: Correct. CHAIRMAN HAYES: And in '92 we didn't have an electrical sig~ and a nonelectrical sign separation? MR. YOVANOVICH: Not until -- not until 1992, August '92. CHAIRMAN HAYES: And at that time with the individual -- only one license to erect signs, electrical or nonelectrical, he assumed that he would be allowed to continue to do all the signs he had been installing, including the electrical, with a nonelectrical license? ~R. YOVANOVICH: And, in fact, was being issued permits, and he had had discussions with, you know, a commissioner ',~ho had told him that things were being worked out. So he assumed, If I'm getting permits, everything is worked out; I have nothing to worry about. CHAIR/W3%N HAYES: Is this the only individual that it stopped? My concern -- my question in 1992, weren't -- wasn't there o(h~r'sign erectors that would have run into the same obstacles? MR. YOVANOVICH: That's -- you're right. There may be other people out there that are in Mr. Eagleston's shoes. I don't know if they are or they're not, but Mr. Eagleston's a different situation, because he went to staff in '91 and asked what to do, and he was given some bad advice. He then, again, went to staff in '92 and asked what he should do, and he wasn't told about the exemption. If he were told about the exemption, he would have come in and gotten the exemption. If anybody else went to staff and asked about the exemption and they were not told about it, I think you should also limit -- exempt them from the testing requirement. MR. BEAUMONT: Let's hear the rest of the evidence. MR. PALM~R: No. I just want to -- want to state that -- and I have no particular position on this matter one way or the other. I just want to state that as the record stands right now, there is no evidence. Testimony by Mr. Yovanovich is not evidence; so whatever decision has to be made should be made by sworn witnesses (sic). MR. GONZALEZ: Didn't you state that in 1991 he was told that he needed to test? M~. YOVANOVICH: Yeah. And Mr. Eagleston will tell you tha~. Yeah. He went to the Contractors' Licensing Board and said, should be grandfathered. I've been doing this for years.' Mr. Clark Page 27 January 15, 1997 said this board didn't have the authority to do that. Mr. Clark was wrong, and Mr. Manalich will tell you that Mr. Clark was wrong. My point is, he went to the people he needed to get the information from; he trusted them; he continued to get permits; he thought everything was okay; all of a sudden someone is now threatening his license; he hires an attorney for the first time; and I come back -- and I understand Mr. Palmer's objection, and I'm going to put testimony on, and that's why I asked if I needed to be sworn or not. MiR. PALMER: Well, Mr. -- Mr. Yovanovich can't be a witness in his own case, unless there's some sort of extraordinary circumstances. I'd like to point out one thing as a matter of law, that this board -- irrespective of what the evidence may be, that's not hearsay about what Mr. Clark did or didn't say, is that incorrect advice given by staff to somebody who's inquiring does not allow people to get permits that have -- in fact, the -- the ordinance or the law in question requires something. The fact that they may be given incorrect advice by staff is not a defense and does not compel this board to grant the relief. You can give it whatever weight you want if you feel that there's some equitable justification for it. But people like Mr. Eagleston had ways to find out what the law in Tallahassee was without relying on what Mr. Clark told him or didn't tell him. He could call Tallahassee and find out things directly. And the ordinance was on the books. He comes in and he's -- he's going to testify that he was mislead, inadvertently or purposefully, by Mr. Clark. But the ordinance is plain English, and why ~tr. Eagleston can't look at the ordinance instead of allegedly relying on alleged misinformation by Mr. Clark is something you want to consider. I'm saying that generally speaking, incorrect info~mation by a staff employee is not justification to avoid an otherwise-stated requirement in a statute or an ordinance. bfR. JOSLIN: Call for testimony. CHAIRMAN HAYES: As far as I'm concerned, I think that's what we need to do, perhaps, is to call for testimony. What I want -- what I'm trying to figure out is, are we getting ourselves into a long, drawn-out debate over whether an individual should be allowed to practice the trade that he's been already doing and make that a separation case from all other sign contractors that have been in existence since 19927 I'm concerned that we're making way more out of something than.we need to. MR. YOVANOVICH: I'm just asking for one guy to -- on the merits -- you know, fairness and equity says this guy slipped through the cracks. I'm not asking you to reopen a whole new can of worms. I'm not asking for that kind of a debate. I just want you to ' hear his facts; and if you find merit that, you know, he be given -- MR. NEALE: Gentlemen, I -- I think that -- that really this board, you know, as is the norm, unless you're -- we're making statutory recommendations -- recommendations for amenchv, ents to the code, this board is looking at it solely on the facts of this case as p~esented in this room, filtered through your own professional knowledge; k~at, you know, you're only to look to the facts and data as presented. I think somewhere along the line, the legislative history, Page 28 January 15, 1997 the -- the relevant codes and statutes that are being addressed need to be brought forward so that they can be reviewed both by you and by me so that we know that these changes did, in fact, occur. Not to question what Mr. Yovanovich is saying, but I think they're necessary to have them on the record even though he was sworn as a witness. MR. BEAUMONT: Mr. Chairman, I -- I remember the meeting in '92. I remember going through a number of -- we had -- all the electrical sign people came and argued the point that they wanted to keep the two separate entities. They wanted to have nonelectrical sign contractors, and they wanted to have electrical sign contractors; and that's how this ordinance came about. And it was a pretty heated debate between the people who had the electrical contractor's sign (sic! and the people who didn't. And that somebody with a nonelectrical sign contractor's license continued to do electrical signs after '92 would be in violation of our code. I -- I don't remember whether or not Dick Clar~ at that particular meeting -- Dick Clark used to come to those meetings -- specifically stated whether or not we had the authority to grant that or not. I think this board listened to testimony at that time and came to a decision on its own merits as to whether or not we could waive that testing. I think you can listen to the testimony. I'm afraid I'm going to have to leave, which is a skame. I would -- I would suggest that when you listen to the testimony, that you do listen to at least an opposing or a -- an alternate contractor as to whether or not this particular individual meets the qualifications. In four years -- I personally would think that he would have taken the test in the last four years and passed the test. -CHAIRMAN HAYES: What kind of test are we talking about, Mr. Beaumont? MR. BEAUMONT: I -- I'm not familiar with the electrical sign test. I would assume it's probably a two- or three-hour test. MR. YOVANOVICH: You know, I understand that, yes, that may have been the easiest thing for him to do is go and take the test; but at times you just say it isn't right and I want to fight. And that's what my client is here saying. I don't think it was right to make me take the test. And I think he's entitled to be heard, and I think -- I'm not asking this board to revisit whether it was a wise decision to have a 120-day exemption period. That policy decision was made by the Board of County Commissioners. I just want this board to hear the facts and say -- and I was told I had to come to this board to get the relief. I would have gone wherever you told me to get the relief or at least have our day to be heard, and this is where I was told to go. CHAIRMAN HAYES: Very well. I'm -- I -- unless someone can say otherwise, I guess we just will proceed with the whole project. MR. YOVANOVICH: It shouldn't take that long. MR. BEAUMONT: I really -- I've got -- I've got an eleuen o'clock, and I just -- if I don't make it, it's going to be a disaster. Excuse me. I'm sorry. I have to leave. Page 29 166 January 15, 1997 (Mr. Beaumont left the boardroom.) MR. PA~ER: Mr. Hayes, the ordinance does not have a specific provision in regard to hardship cases, approval of hardship cases, for persons who did not meet the 120-day window. Section 22-162, paragraph 489 of this code in regard to tree removal and trimming contractors, opened a -- a window that closed in September 30th of 1994. And the next sentence reads, "The Contractors' Licensing Board shall have authority to hear and decide any hardship appeals by contractors who met the above-mentioned exemption requirements but failed to timely apply for said exemption.- What they're really asking for here is to have a provision like that applied here, in effect, a hardship exemption, thaa does not exist in this ordinance for electrical sign contractors. But I think the real question here is the competency, the technical competency of Mr. Eagleston in regard to matters of electrical sign contracting. Now, the board has on occasion waived testing requirements, in spite of ex-press provisions in the ordinance, if there's enough evidence presented where the board is convinced that they are qualified in the subject matter area, irrespective of a test score or test. So I think what really -- is really important here is the technical qualifications of Mr. Eagleston in regard to electrical sign contracting in which case the board, notwithstanding the existence of his test provision, could make a finding, as a matter of fact, that they believe that he is qualified in this aspect of the trade. MR. NEALE: I totally concur with Mr. Palmer's statement on that. That is -- in fact, what this board would have to do is affl~-matively find through evidence presented that Mr. Eagleston meets the qualifications of an electrical sign contractor through evidence -- as I say, purely through evidence presented. CHAIRMAN HAYES: I agree. I would suggest that we continue with our testimony. MR. YOVANOVICH: I -- I just got to ask one quick question. I thought it was a staff decision to review people's competency; and if they had any questions about, you know, exlDerience, they would bring it back to this board. I'm only here to say let me go to staff and prove to staff that my guy's competent, just don't make him take the test, okay. And if there's any question, we will come back to this board, and we will prove his competency. I am not here today -- I can give you his resume, and I can give you some affidavits attached to his resume, but I wasn't planning on fighting the fight on competence today. I was just looking -- if they want to' stipulate that I don't have to take the -- that he doesn't have to take the test, we'll go to your staff and prove we're qualified If there's any questions, we'll come back. ' CHAIRMAN HAYES: I would suggest that one of the two t~3~gs will have to be required here: He will either have to testify to the evidence that he doesn't need to take the test because he's qualified, or he just has to take the test. One or the other is what we're going to ask for. Page 30 January 15, 1997 CHAIRMAN HAYES: MR. MANALICH: MR. YOVANOVICH: CHAIRMAN HAYES: COURT REPORTER: CHAIR_MAN HAYES: THEREUPON, RAMIRO MANALICH, MR. YOVANOVICH: So he doesn't have to take the test because he's -- okay. CHAIRMAN HAYES: If he can -- if he can convince this board that he is qualified to do this work without us requiring that he take that test, I would probably assume that's our finding. However, he will have to prove to us, through some form of testimony or evidence that we ask for, whether or not he is qualified to do this work without that examination. MR. NEALE: And I'd refer everyone, as we have done before, to Section 22-184 of our ordinance, which is the standards for issuance and denial. And I totally concur with what -- with Mr. Hayes. We're under Section -- Subsections B and C of this, which are the referral of this application, even though it's not a formal application, has been referred by the contractor licensing staff because it does not appear on the face of the application that the person has complied. And then this board is required to take testimony from the applicant and shall consider other relevant evidence regarding whether the applicant meets the requirements of this ordinance. And it's upon evidence presented by the applicant and the super -- contractor licensing supervisor this board shall determine whether the person is qualified our unqualified for the trade. So, you know, it's -- it's very clear. That -- that,s what the rules are. CHAIRMAN HAYES: Okay. Let's go. MR. PALMER: Are you prepared to go forward today? Okay. Fine. MR. YOVANOVICH: All right. My first witness is Ramiro Manalich. - MR. MANALICH: Good morning, Mr. Chairman, members of the board. Pleasure to be before you again. I would ask that you be sworn in, sir. I already have been. I believe he was. Oh, he was one of the three? There were four. There were four? a witness, having been previously sworn, upon his oath, testified as follows: DIRECT EXAMINATION BY MR. YOVANOVICH: Q. Just for the record, would you state your occupation, please. A. Yeah. I'm Ramiro Manalich, chief assistant county attorney. Q. Are you aware of Mr. Eag!eston's request to be grandfathered and exempted from taking the test for the electrical ~i~_~rk cpmtz-actor certificate of competency? A. Yes, I am. Q. Could you tell this board what independent investigation Page 31 16G January 15, 1997 you did into the factual scenario involving Mr. Eagleston, and would you include your discussions with the state and county staff? A. I'll try to respond to that as succinctly as possible, although my involvement has been ongoing for, actually now, several years. ~ost recently I have been contacted by both Mr. Eagleston as well as by his counsel, Mr. Yovanovich, with regard to the recent request to be exempted from the testing requirements. Previously, I was involved in this matter. That would have been, I believe, in 1995 when this issue was being workshopped with contractor licensing staff and with some of the members of the industry which had resulted in a legislative item coming to the Board of County Commissioners. That may have been what Mr. Beaumont was referring to a little earlier. I was not involved in anything back in '92 or '91. Now, wi~h that said, I will inform you that I have tried to piece this matter together in terms of responding to the request that was made of our office from different channels, including directly from Mr. Eagleston. And basically, what you find is that, as Mr. Yovanovich mentioned in his opening statement, there are minutes from the Contractor Licensing Board in 1991 which indicate that Mr. Eagleston came before the board with a request to waive testing for electrical sign contracting, knd it appears that at that particular meeting from our office was present Brenda Wilson. Mr. Clark informed the board that this was a matter that was governed by the state and that Mr. Eagleston was asking the board to waive the state electrical sign contractor licensing requirement. It appears from the minutes that the board and its legal counsel came to the conclusion that they did not have the jurisdiction or authority to waive a state requirement, and the request was denied. ' This matter arose again -- and this I'm not totally sure on, but I became involved in it either sometime in late '94 or in '95 with the workshop process that I told you about. And at that time the issue was not -- no one raised the exemption issue about the '92 ordinance. The only issue was, was there going to be a legislative change by the Board of County Commissioners to assign contractor categories so that the nonelectric sign contractors would be able to do electric signs provided that an electrician was involved in part of the process? I was involved in that, had numerous workshops. The matter went to the Board of County Commissioners. The county commissioners, I believe, voted 3-2 against that legislative item. As I indicated earlier, the matter was somewhat dormant for awhile. I'm -- I believe, although Mr. Balzano and staff will have to answer that more authoritatively, that Mr. Eagleston did receive -- apparently, throughout this entire process we're talking about here at different points in time, and I believe through current -- but again staff can correct me on that -- permits to do signs that were electrical, is my understanding. Now, I recently -- I had given the opinion to M_~. Eagleston and to Mr. Yovanovich that my research indicated the '92 ordinance, ~hich created the testing exemption for the hundred and twenty days, had been duly advertised based on the clerk's records and that based on that we were not compelled as a matter of law to, on its Page 32 1 January 15, 1997 face, say to staff they must issue an exemption because there had been that notice. However, I also told them that I recognize that they were raising some allegations about the way that Mr. Eagleston was treated and whether he was treated fairly and whether he was given proper notice, whether as a matter of professional courtesy he was given the information that he should have, and as the thing developed he, in fact, is alleging he was mislead affirmatively. And I can't give an opinion as to the veracity of any of that. Mr. Clark is no longer with the county's employ, but if you ~ere to take as true what he alleged, I told him that, obviously, I would not agree with that type of treatment. It appeared that he had been the catalyst for this exemption. It was ironic that he would not have known about it, even though he had been the catalyst, but that as a matter of law, because the ordinances had been advertised, that I could not give the legal opinion to staff that they were compelled to grant his exemption. Now, without belaboring the point any further -- and I've gone on too long, but I just want to try to be thorough with you -- the only other aspects to be complete in my answer to the question are, this matter is here before you, because whereas in the past we have had legislative items, such as changes of ordinance categories that properly belong to the BCC, here we're talking about, ~s Mr. Yovanovich has stated, one individual's unique circumstances and his claims as to why he should be, specifically on his facts, exempted. Because of that, Mr. Yovanovich and I spoke with Mr. Neale. We looked at the ordinance, and it appeared that this forum is the ultimate judge, not the Board of County Commissioners, of contractor qualifications; and since this is the way Mr. Yovanovich is pre-~-~nting it, we recently came to the conclusion it should come to you. One last point. Mr. Yovanovich asked me if I'd had any contact with the state, and, yes, I have. December 19th, when this matter resurrected recently, I contacted the state Electrical Contractor Licensing Board, specifically spoke to a gentleman by the name of George Ayrish, A-y-r-i-s-h. He has told me he is the program administrator for Electrical Contractor Licensing Board. What he told me with regard to the situation as of 1991, when we had -- the board first presented with this, was that at that time their position was at the state that they would uphold whatever the local requirements were. That is, if there were a local requirement that said to be an electrical sign contractor you had to pass a test, they would then require the same before they would either certify or register someone in that county. However, he told me in the absence of that -- which at that time it appears was a Collier County situation. There was no local requirement saying for an electrical sign contractor you have to have a test. In the absence of that, then all that would have been required was for an occupational license to have been submitted to the state by the applicant, Mr. Eagleston, and they would have registered him for t~at one county. That is the information that up to this point I have been able to pull together on this. Page 33 January 15, 1997 CHAIRMAN HAYES: MR. YOVANOVICH: Mr. Manalich? CHAIRMAN HAYES: direction? (No response) No. M]~. YOVA-NOVICH: Q. I just -- quickly to summarize, you know, in 1992 was the first time the county split out the categories between electrical and nonelectrical; is that correct? A. Yes. MR. YOVANOVICH: And for the record I've -- I've given your counsel copies of all the county ordinances. Unless you want me to specifically cite you to the sections, I think we -- Pat can confirm that what we're telling you is the truth and I'm sure he'll point out if we're not. ' Q. If Mr. Eagleston had come in in 1992 during that 120-day window and was able to prove that he had the experience requirements would he have had to take the test? ' A. No. MR. YOVANOVICH: That's -- that's all I have of Mr. Manalich. MR. PAi2fER: I have no questions. Nothing further? Does the board have any questions of Is there any questions in this specific Okay. Mr. Eagleston. Before Mr. Eagleston testifies, I would just like to introduce a copy of his resmne and a couple of county forms that are titled 'Verification of Construction Experience." They're affidavits; they're copies of people saying that Courtney has the required knowledge and experience to ~- 'to do this type of work, being electrical sign contracts, and other, you know, experience. You know, he taught classes and other things. This is just his resume, which I only brought one copy because I wasn't prepared, but you all can take a quick look at this as it comes through. I'd like to introduce this as evidence THEREUPON, · COURTNEY EAGLESTON, a witness, having been first duly sworn, upon his oath, testified as follows: DIRECT EXAMINATION BY MR. YOVANOVICH: Q. Would you state, for the record, your name. A. Courtney Eagleston. Q. And your address, please. A. 5640 14th Avenue Southwest, Naples. Q. And your current occupation. A. I'm a sign contractor. Q. How long have you been a sign contractor? A. I've been a sign contractor since 1988 and I've been in the business since '86. ' Q. By "in the business,' you mean you were installing signs for another comDany? A. True. 1 Page 34 !6G January 15, 1997 A. Right. MI{. PAL~fER: Because of the relative unimportance of this matter, I'm not going to object. The proper procedure is -- for an attorney who's going to present documents is to have the document show~ to the opposing counsel to be reviewed, to comment on before dist -- and to have a copy for every member of board that's going to deliberate the document, not have one document that's passed around like this document is. I'm just stating that for future reference. CHAIRMAN HAYES: I understand. MR. YOVANOVICH: Would you like to look at that, Tom, and let me know if that's okay? MR. PALMER: No objection. BY MR. YOVANOVICH: Q. ~r. Eagleston, will you identify the document that I just handed to you. A. This is -- it says electrical sign contractor, and it's 92-61, and this is the first paragraph in that ordinance, which requires 24-month experience -- which I had -- and a passing grade on a three-hour test; and this -- this document does not contain any grandfather clause or any -- Q. Is that the document that you're speaking -- referring to that Mr. Clark gave you? A. Right. Dick gave me this. Q. Is that the entire document that -- A. That's it. Q. -- Mr. Clark gave you? A. That's what he gave me. And, in fact, I looked through my file at development se~;ices, and there is a copy of this identical document in that file; and Dick had written on there, "new law.' Q. And it was in your particular -- A. It was in my file. Q. And that's all that was in your file? A. Right. Q. Okay. So you met with Dick Clark in October of '92? A. Right. Q. That's within the 120-day window where if he'd have told you about the exemption, you could have come in and been -- MR. PALM]ER: I'm going to object. A. I definitely would. MR. PALMER: This is pure leading. This is absolutely leading. I don't mind giving a little bit of latitude, but he's putting words in the witness's mouth and asking him yes or no answers. Am I the -- am I -- as I'm stating it, Mr. Eagleston, is this correct? That's improper. CHAIRMAN HAYES: Very well. If -- if I may -- if I may halt the proceedings for a second. My concern -- and at this point I would ask the board to yea or nay what I'm about to say. My concern is whether or not you're qualified to be issued the electrical sign ~c~r~e o~ n~t. And that's my only concern at this point. Anything ~ur~her Chart this is just dragging the proceedings further that I -- what happened in '92 is historical, and I do not intend to debate its Page 36 16G January 15, 1997 validity or justice. I do only want to concern myself with this individual's qualifications as to whether or not we should grant him this license. Is there anything any -- any of the board members have in pursuit of this? M/R. SCHOENFUSS: That's a good summary. MR. BARTOE: But sir, staff also is concerned with his technical qualifications. I'm a dummy when it comes to electricity, and I understand from electrical sign contractors it can be very hazardous. I'm concerned for the safety of the citizens of the county, and we -- we do have here to speak later an electrical sign contractor on that issue, I believe. MR. YOVANOVICH: Can I ask -- can I just ask the board a question? Then is it -- is this a correct summary that if we are able to provide you evidence that Mr. Eagleston has been doing electrical signs for a significant period of time, that he would be exempted from the testing requirement? Is that a correct summary? If this board is -- if that's all you care about it -- if I can prove to you that he has been doing the work for awhile -- and if Mr. Palmer would just wait a second. I just want to make sure. Because if not, it is relevant how he was treated on whether or not he qualified for the exemption. CHAIPd~AN HAYES: Okay. Excellent point. Mr. Nea!e, as far as I'm concerned, this board does have the power to approve his electrical -- his upgrading to an electrical sign license i~.] lieu of the examination based on evidence presented here today. ~R. NEALE: As stated earlier, that's my reading of the ordinance, even though the -- probably the absolute technical reading of it would say, no, he has to take the examination. I think there's langua'ge in there that certainly suggests that this board, upon evidence presented -- and I'm read -- quoting directly from the ordinance -- upon evidence presented by the applicant and the contractor licensing supervisor, the Contractors' Licensing Board shall determine whether the applicant is qualified or unqualified for the trade in which application has been made. Findings of fact and conclusions of law regarding the approval or denial of the application shall be made by the Contractors' Licensing Board. CHAIRMA~ HAYES: Is there extenuating circumstances why your client refuses to take the test? MR. YOVANOVICH: Well, there's a couple of reasons. One, he feels that he was justified to have the exemption, and as a matter of principle, he should have been able to do that; and two, there is the cost of taking the test and the time. You know, where -- you know, those -- it doesn't matter how you feel about those things. Those are things that he feels very strongly about: that he was entitled to the testing exemption; he shouldn't have to take the test; he feels he's more than qualified. And we're willing to put his qualifications and ex"perience before your staff. Let them reject those and then come back to you. CHAI~3k~ HAYES: Very well. M~q. YOVANOVICH: If you tell us we don't have to prove the test -- 1 Page 37 16G January 15, 1997 M/R. NEALE: Gentlemen -- MIR. YOVANOVICH: -- don't have to take the test. MR. NEALE: -- if -- if we want to hold this to the -- to the letter of the law, it says that if it does not appear on the face of the application that the applicant has complied with the requirements of this article so as to be eligible for a certificate of competency, then the contractor licensing supervisor shall refer the application to the CLB for a decision regarding approval or denial of the application. Mr. Yovanovich has suggested himself that the application be made with proof of the qualifications. At that point the staff could make the decision whether it meets or does not meet. If it does not meet, it could be referred back up to this board. MR. YOVANOVICH: It's my understanding that even though there's nothing in writing, basically staff has said, You have to take the test; therefore, you don't meet the requirements. If -- so, therefore, let's -- let's just decide right now whether we're taking the test or not and then whether or not I -- what I got to do. MR. BARTOE: Staff will continue to look at it that way. If we see no test score, it's not complete. MR. YOVANOVICH: So what have I -- MR. BARTOE: It would come here before the board. lq,. P;LLP[ER: I would like to make a recommendation. Technically, there is no application. This matter has come before the board with no application. I would make a recommendation ~.ubject to everybody's approval is that Mr. Eagleston make an application to the board -- or to the -- to the staff with all evidence that he wants to present to prove his experience and then have the matter come back before the board. If -- then if the board determines based on -- or in ~cquiescence with or indifference to the staff's recommendation, because there's no telling at that point in time what it will be, then the question can be addressed by this board whether or not they think there's a requisite experience in this particular area without the need to take the test. Right now nothing formal is pending. I understand -- and this -- and this is -- I'm not prepared -- presenting this as evidence, but I understand there were 39 permits issued to Mr. Eagleston since 1991, but they're not here today. They're what are called the best evidence, and we don't know here today, and I don't think Mr. Eagleston knows, how many of those are electrical sign permits as distinguished from nonelectrical sign permits. I think that's very relevant evidence in the question of experience in a particular aspect of the trade. So I would recommend the matter go to staff for review with any evidence he wants to present about experience, including the status of whether or not thes~ are electrical or nonelectrical sign permits, have staff make a recommendation to the board, and have the board consider the matter. CHAIRMAN HAYES: Very well. MR. YOVANOVICH: Mr. Chairman, can I ask just one thin~? Let me call Ramiro back to the stand. I have been since ~c~ober 31, 1996, trying to find the right forum to come to. Monday of this week -- and I had been told the right forum was to go to the Board of County Commissioners on staff's portion of the agenda to get Page 38 Il January 15, 199~ this resolved. On Monday I'm told for the first time I got to come to the Contractors' Licensing Board. Now, if I don't come here today, I've got to wait another month, and Mr. Eagleston can't do business. So I think we have some reasonable grounds to say that -- let's go forward. Let's hear Mr. Eagleston's testimony and let him submit a written application afterwards. You've heard everything. You know what he's going to say. He's got a certificate of competency for electrical signs -- I mean, for nonelectrical signs, and we ought to just go forward now instead of the technical niceties. And the county attorney's office -- and Mr. Manalich will confirm this -- has gotten me here today, not Mr. Eagleston and not this board and not your attorney. CHAIRMAN HAYES: I -- I think there is some -- some merit, however, to the fact that there -- we are not reviewing a formal application alternate to specific legal required evidence. MR. YOVANOVICH: We -- we've put in the record his -- his -- his resume, and he's told you how long he's been doing work -- CHAIR/VULN HAYES: Yes, but -- MR. YOVANOVICH: -- things like that. CHAIR/~AN HAYES: -- what I'm -- I'm concerned with is that we didn't -- he has not formally applied, perhaps, for this license and been rejected. He has been rejected on the basis of oral conversation. M~. MA~ALICH: Mr. Chairman, if I could interject -- excuse me for interrupting, but perhaps it would aid the discussion here. For my involvement in this, basically Mr. Yovanovick is correct since -- approximately the date he mentioned he had been contacted about this matter. Now, it had not come to this forum any earlier becan~se, as I understood the request when it first started out, it was a request to resurrect the exemption, okay, which would have required the Board of County Commissioners to do that as new legislation; and that's why we always pointed from my office to Mr. Yovanovich to the Board of County Commissioners. However, more recently as we had further discussions, it became apparent to me that his argument as he has presented it today to you was for a individualized, unique-facts review of this individual's qualifications and whether this individual needed to take the test or not. At that point -- and that was very recent; we're talking about last week -- we determined, well, that falls within the purview of the Contractors' Licensing Board, not the Board of County Commissioners. Mr. Cautero had been willing -- because this man's livelihood was involved, had been willing -- when we were thinking we were going to the Board of County Commissioners on a legislative item' -- to put that under his portion of the agenda. Otherwise, his only recourse would have been to do a public petition which has a two-week waiting -- you know, etc., all of that. However, in light of the clarification last week, we said, well, this needs to go to the CLB. It happened that the CLB was coming up this week, and we said we will, as a courtesy, add this on, if the board accepts it, today because or_he.t-wise he'd have to wait until your next regular meeting in February, you know. - Page 39 16G January 15, 1997 1 And one other thing which is, you know, I'm not trying to take sides either way here because that's really -- my role today is a witness. I'm just trying to help you in clarifying this, but I have always conveyed to Mr. Yovanovich -- because of discussions with staff, whether it be any of these gentlemen here or, more likely, Mr. Perico and Mr. Cautero, their ultimate supervisors -- that staff was opposed to this request and that staff's position was that a test was required. And that is why Mr. Yovanovich, as I understand it, is here today trying to get that determined. Now, when we spoke to Mr. Neale, you know, we had -- also had discussions about whether you could today, without a formal app~.ication, proceed to render a decision on qualifications or not; and obviously, we decided that that would be for you to decide. Obviously, Mr. Yovanovich's argument to me has always been he's been trying to apply unsuccessfully for some time; and however you want to handle that -- I don't know if Mr. Neale wants to add anything to it, but that's further background for you if it will assist you. MR. YOVANOVICH: Maybe this will help you. CHAIRMAN HAYES: Yes. One more time. MIR. YOVANOVICH: I formally wrote a letter asking for the exemption on behalf of Mr. Eagleston. I would assume you could treat this as a formal written request and Mr. Manalich's response to me of no exemption as that attempt to make an application. CHAIRMAN HAYES: Very well. As far as I'm concerned -- and I'm speaking as the chairman, but I would like the board members themselves to -- to say if this is not satisfactory. Given the length of the time of this debate before it came to this board and given the power that we hold over an individual's livelihood, I am not prepared today 'to base my decision strictly on what I've heard here so far. I am concerned that I would like to see a formal application with all of the -- in lieu of applicant's qualifications presented to me for study before I make a decision as to whether or not this individual should be granted an electrical sign license as opposed to a nonelectrical sign license. Is there anybody on the board that feels any differently than that? MR. JOSLIN: I think you're absolutely right. From what we've heard so far, it's just testimony. I think we're -- or the attorney, possibly, is putting the cart before the horse asking for -- CHAIRMAN HAYES: I don't necessarily believe that's exactly what's going on, but what I am saying is that -- you're right. The application itself needs to be in our hands with all the circumstances, all the evidence of qualifications, before we're going to be able to act any further. And is that -- MR. GONZALEZ: I agree. MR. JOSLIN: I think we should hear the qualifications along with the facts of knowing whether or not we can say that we do not have to have this gentleman take the test. CHAIRMAN HAYES: Okay. My question now then is, should we require, perhaps, a formal application be submitted with all the written evidence as part of the application packet and our reviewing of that before we go further on this board? Page 40 January 15, 1997 MR. GONZALEZ: Is that a motion? MfR. GRESSANI: I'd like to say something here first. There is two questions here going on. The cart before the horse, I agree with that remark. I believe the cart is before the horse, but there's also a question here as to whether or not Mr. Eagleston would be required to take a test. With the documentation that's been presented before us here, I think we would answer that question after a forma], application would be made, which is absolutely -- absolutely necessary. I think he's got plenty of qualifications. CHAIRMAN HAYES: I would -- MR. NEALE: Just -- if I may interject something here as -- we have some fairly specific rules in the -- in the ordinance itself as to how someone is to prove their experience. Now, obviously, experience is different from qualification. You can do the same thing wrong for ten years and just prove that you've done it wrong. And in -- in an instance like this, we're asking someone to prove that they've done it right for a period of time. And what we require as to experience is affidavits from former employers, copies of other certificates of competency, affidavits from building directors, affidavits from unions, affidavits from any other source within the trade applied for. That's for experience. Now, this board in this instance would be looking at not just experience, but total qualifications. I think someone suggested the fact that he had pulled a certain number of permits. Fvidence as to the quality of work performed on those permits, to me, would be evidence that would be persuasive to this board. I'm certainly not coming down one way or the other on this issue, just acting as counsel; but I think this board would want to get the best evidence possible. It can, prior to making a decision, as Mr. Hayes so correctly states, on a man's livelihood. MR. YOVANOVICH: Again, all I ask is -- your staff either knows or does not know if Mr. Eagleston is competent, okay. They've been giving him permits. They know. They can tell you if there's been any complaints against Mr. Eagleston. They -- they probably -- they've known Mr. Eagleston for years. They're in a position to tell you that today whether he's competent. CHAIRMJkN HAYES: That's correct. But that doesn't -- doesn't do -- they don't have any authority to grant him the license without the test -- MR. YOVANOVICH: I understand. CHAIRMAN HAYES: -- based on that. MR. YOVANOVICH: I understand. My point is is that Mr. Bartoe and your staff could testify today one way or the other; and based on their testimony, you should be able to feel comfortable or not whether or not he should take the test. CPLAIRMAN HAYES: I would normally, possibly, agree with you, but given the discussion that we've had so far, this issue goes a lot deeper than anything I'm prepared to rest a decision on based on what I've heard only in the last hour. FIB,. YOVANOVICH: Well, we haven't gotten to get Mr. -- I'm just suggesting that maybe Mr. Bartoe could shed some light onto Page 41 16G January 15, 1997 -- if there have been any complaints against Mr. Eagleston. CHAIRMAN HAYES: I would ask at this point that any further evidence be applied to the next meeting that we have and make this a issue after application has been received by the county staff and we have had a chance to review it. I'm not prepared to go any further with the discussion, because I am being led, as far as I'm concerned, from one side to the other side; and I -- I just can't intelligently base a decision on this at this point. MR. YOVANOVICH: I -- I understand that and I respect that and I'm sorry we're here today, to be honest with you. I wish I had known this six weeks ago, and I could have taken care of all that. But I've also got a client who can't make any money, and he's got to put food on the table. So I request, if that's what you want to do -- Mr. Manalich had told me I could get to the Board of County Commissioners no later than the 28th. I would like a special meeting of the Contractors' Licensing Board, you know, before that date to -- to give you all that evidence and give you -- MR. NEALE: Gentlemen, if I -- if I may suggest -- this is solely based on the ordinance, and as counsel I'm not suggesting a path for the board to take. Earlier today we used the restricted-license provision for allowing someone to do a portion of the work available under a section of the ordinance for a limited period of time. It would be my thought that this board could grant a limited restricted certificate for a month, potentially saying that he is only a nonelectrical sign contractor for a month. I mean, that -- MR. YOVANOVICH: Well, he -- he already is a non¢~lectrical. You mean an electrical sign. PLR. NEALE: Or, you know, that he could do certain types of electrical signs for one month and one month only until such time as he proves his competence. CHAIRMAN HAYES: Okay. I -- MR. N-EALE: And I'm just suggesting that. I'm not saying that that -- that is -- CHAIR~N HAYES: That's correct. MR. NEALE: -- the route to take, but it's just -- CHAIRMAN HAYES: However -- MR. NEALE: -- something that's available under the code. CHAIRMAN HAYES: -- if I'm not mistaken, the difference between the licenses is -- whether or not he's able to contract this kind of business is only restricting him to requiring a electrician to join with him for the permit; so it's not asking -- he's not un -- disabled to make a living for the next 30 days. All he has to do is ask for the assistance of a licensed electrician for 30 days. MR. YOVANOVICH: I'm -- I'm not sure that's right, because even a -- an electrical sign contractor has to have an electrician do the actual electrical hookup. MR. GRESSANI: Not -- if -- if he isn't qualified, he ha~ to -- MR, YO~ANOVICH: Well, no. There -- that's where the difference between the -- Page 42 16G January 15, 1997 1 MR. NEALE: No. An electrical sign contractor still has to have an electrician do the -- do the hookup to the mains -- MR. YOVANOVICH: So that's -- MR. NEALE: However -- MR. YOVANOVICH: We're happy to do that. MR, NEALE: -- what a nonelectrical sign contractor -- CHAIRMAN HAYES: Okay. The ordinance -- the ordinance currently reads, the nonelectrical sign contractor -- that's 1.6.3.40, reads -- requires 24 months' experience, a passing grade of the two-hour business and law exam. That means any person who is qualified to erect, install, repair, alter, extend, or change any nonelectrical sign, provided all work is performed in accordance with applicable Collier County and City of Naples ordinances. So what that says -- you're absolutely right -- is that he cannot install under his license, even with an electrician, any electrical sign. MIR. YOVANOVICH: Right. What we're asking now is, look, let him do the -- do the electrical signs, and he will comply with the requirements. There's going to be an inspector out there. It's got to be inspected, and he's got to have an electrician. Just give us a -- you know, a month. We'll be back here in a month, and you -- you've got your safeguards. You've got your inspections. FLR. BARTOE: Mr. Chairman, the board's had other testimony, and staff would request that the board please take a few minutes and hear from an electrical contractor that's here and did get sworn in due to technical qualifications, safety issues, etc. CHAIRMAN HAYES: I would like to, perhaps, hear that at this point, because I am prepared to make a recommendation, and I'd liku to hear that one piece prior. - MR. BARTOE: Mr. Boyd. And he was sworn in: is that correct? MR. BOYD: Yes. Good morning. My name is Michael Boyd. I'm the license holder for Signs & Things. I'll try and be real brief. This all came about in 1991, and yes, the county did say that there were going to be two separate licenses. If you wanted to be an electrical sign contractor, you had to go take a four-hour state test, plain and simple. There were five of us that went and took the state test; is that correct, Tom? Approximately five of us? MR. BARTOE: I have -- without the records in front of me, I can't be sure. MR. BOYD: Well, there was approximately five of us. We've gone and take the state test. We're fully licensed by Collier County. We haven't been grandfathered in. Nobody else has been grandfathered in. Mr. Eagleston came before this board in 1992, I believe it was, wanted to be grandfathered in. This board said we don't have the authority. It went before the county commission. The county commission voted no, we're not grandfathering anybody in. So for him to come now and say, you know, I didn't know about all this is totally unfair to us that went and took the test. CEAIRi~ HAYES: This is the kind of information ~ want to hear next month. I'm not concerned with listening to that at this point. If -- I don't want it to be a major inconvenience for you to Page 43 16G January 15, 1997 have you come in here two months in a row. I very much value that information, but at this point in time, that's not a significant amount of information. I understand -- I am somewhat of an electrician myself. I understand the complications and dangers of electrical signage versus nonelectrical signage being installed by someone without the qualifications. My concern at this point in time is, in fact, perhaps allowing this individual the next 30 days to survive until we can formally hear this complete from beginning to end so that we can make a ducision based on the evidence of his qualifications. You make some excellent points, and I tend to personally agree with them; however, I'm not prepared to sit here and debate it any further. Am I correct with the board? M2~. JOSLIN: Yes. CHAIRMAN HAYES: I have a recommendation. Does anyone have a recommendation from the board at this point? MR. GONZALEZ: I just want to say one thing. If Mr. Yovanovich wants an answer from us today, I would say he has to take the test. MR. YOVANOVICH: understand the rules. a month -- CHAIRMAN HAYES: MR. YOVANOVICH: Well, no. I'm just asking -- fine. I Just give me a month -- a limited exemption for I think he's prepared to -- -- and I'll come back, and I'll go ahead and give you everything you want. I just didn't have time. ~R. BARTOE: I -- I don't think the special license needs issued for a month. His client has been surviving for five or six years. What's one month? - MR. YOVANOVICH: Well, then tell your -- tell staff to continue to give him building permits and not -- and then not take him for doing unlicensed work. He's not pulled a permit since October because he's been threatened to have his license taken. Tell your staff to leave him alone and continue to issue permits for a month. That's all I'm asking. CHAIR/4AN HAYES: Mr. Balzano. P[R. BALZANO: I don't have to be sworn because I'm going to ask Mr. -- Mike, can I ask you a question? The problem that staff has is not whether Mr. Eagleston can put up a sign. The problem we have is, does he know what he's doing? Great. He can pull a permit, and an electrician shows up and hooks up the wires; am I correct? The electrician doesn't know what's inside that sign. MR. BOYD: That's correct. MR. BALZANO: If one of those wires inside that sign is improperly installed, what can happen to that electrician? How many volts will go through him when he thinks he's working on 1107 MR. BOYD: A hundred and ten. M~. BALZANO: But that -- isn't there a part of -- in those neon signs that if it's wired incorrectly -- MR. 5OYD: Yeah. If you're dealing with neon, then you're dealing with 15,000 volts at some times. It's all milliamperage. I mean, it -- you know, I guess under a certain Page 44 16G January 15, 1997 1 condition it could kill you. But you know, I can't -- I can't testify as to his qualifications, and I don't want to. The only thing I know is that there were a number of us that went and took the test. We didn't hear anything about any grandfather clause, and why four years later are you -- are you even considering grandfathering somebody? There's one way to know whether they're qualified. They go take the test. This year I had to go and spend some more money to -- for the continuing education. CHAIRMAN }~YES: Okay. Thank you. I'm going to ask one question of staff. In reviewing the evidence of qualifications of this individual, is staff's recommendation to allow him to continue to do electrical sign contracting for the next 30 days until we can have a f~,rmal hearing on it? MR. BARTOE: Speaking for myself from staff, it never was my contention to ever let him do an electrical sign until he has the proper license. He was doing them because staff wasn't aware he was doing them. CHAIRMAN HAYES: Very well. Board members, what's your pleasure? M~. SCHOENFUSS: This apparently has been going on since October, and we've heard a lot of talk this morning. Now, supposing in October ~4r. Eagleston had filed an appropriate application, which application would have documented all his experience very clearly and shown his experience, and then he might have applied to take the examination. And knowing how to -- how physically to erect a sign, do the structural mechanical work, is one thing. Knowing how co connect wires correctly as opposed to incorrectly is a completely different thing, the principles of electricity. And even more importantly, the principles of electrical safety are very, very important in this issue, and that's what we're talking about. And if Mr. Eagleston has the knowledge, the electrical knowledge as well as the sign knowledge -- we're not questioning that he doesn't have it -- but if he has all this knowledge that he's gained either from study or from experience or anything else, he could have taken the test. And if knows his -- his stuff, he would have passed the test and all this talk would have been unnecessary. So what's wrong with getting the official application, which we should have had all along apparently: The documentation of his experience,' which, apparently, can be easily documented; taking the test, even though it's late; demonstrating that he has the adequate knowledge of everything that's required; and getting his license through the normal channels in the normal sequence? I -- I don't -- I don't think that because we've delayed or because this thing has been out of channels that we should go -- that we should violate the Collier County ordinance and -- and make a big exception here. MR. EAGLESTON: Could I -- could I say something? MR. SCHOENFUSS: Yeah. M/q. EAGLESTON: Okay. I can understand Mike Boyd's problem here because he wasn't notified, as he just testified, az to the grandfather clause. Neither were the other four contractors or 1 January 15, 1997 whoever it was -- I think there was three -- that took the test. They were not notified. Why weren't they notified? That's my point. It's the principle of the thing. The county did not notify anybody as to this grandfather clause that was there for them to use. It was their right. It's the principle. It's not that I don't want to go take a test. If you have a test, I'll go down there and take it. I have six years of education in electronics with Burroughs Corporation in Detroit, Michigan. I have 20 years of general contractor experience. I can wire houses. I've taught school in construction, and all of these affidavits up here -- there's one from a -- an electrician licensed here in the county. Let's face it; I know what I'm doing. I've been doing this for ten years. CHAIRMAN HAYES: Very well. I appreciate it. As to this point in time, do I have a motion from any board members? I'm prepared to make a motion if we don't. My motion is that we accept the responsibility to decide the outcome of this case and take no further action today; however, to require it to be -- it -- the -- require the individual to make formal application and that that formal application be reviewed fol-mally by this board at our next earliest board meeting. That's my motion. ~. GONZALEZ: And I second. MIR. JOSLIN: I second. CHAIRMAN HAYES: Mr. Neale, I have a motion and a second on the floor. Do you suggest any further advice before we vote? MR. NEALE: If that's the motion of the board, all you need to do is ask if there's any further discussion. C~MAIRMAN HAYES: Any further discussion? MR. JOSLIN: Is there any need to grandfather -- or not grarfdCather? Any need to allow this man to -- to continue work for the next 30 days? MR. NEALE: That's the pleasure of the board solely. MR. JOSLIN: In your motion do you see where -- CHAIRMAN HAYES: Based on the information given to me by staff that it is not substantial, satisfactory evidence that he is able to -- COURT REPORTER: I can't get both of you down. MR. JOSLIN: Sorry. COURT REPORTER: I've got what Mr. Hayes said. Do you want what you said to be on the record? MR. JOSLIN: No, I -- I just wanted to say that I -- I agree with you. I just wanted to make sure that all the board was aware of -- should we. MIR. GRESSANI: I would add to that that he be required to continue to erect nonelectrical signs during that period. CHAIRMAN HAYES: Very well. I have a motion and a second. Any further discussion? All in favor? Opposed? (No response) CHAIRM_A24 HAYES: None. MR. PALMY_~: Mr. Hayes, I'm not sure this is an issue, Page 46 16G 1 January 15, 1997 but he's obviously qualified as a nonelectrical sign contractor, and he can do things that nonelectrical sign contractors can do without any further action of staff or the board. I don't -- is there an issue about the construction of freestanding structural signs? That is not allowed by a nonelectrical sign contractor, but right now he was -- he would not be allowed, absent authority from the board, to construct freestanding structural signs, nonelectrical, without some kind of a limited certificate, without additional activity. I don't know if that's an issue, but right now for the next 30 days, he can do only what a nonelectrical sign contractor can do, and that does not include the construction of freestanding structural signs. Is that an issue to you, Mr. Eagleston? M/R. EAGLESTON: Yeah, because my license was in effect before that ordinance went into effect. MR. PAI2fER: Well, are you asking for a special 30-day exemption that would be allowed -- not -- not -- not the electrical work, but the ability to install freestanding structural signs? MR. EAGLESTON: No. I have that ability under my license. MR. PALMER: Well, right now the nonelectrical sign contractor ordinance does not allow people classified as nonelectrical sign contractors -- they are prohibited from the construction of freestanding structural signs. And Mr. Eagleston apparently is saying, no, that he can construct those kinds of signs, an~ obviously, the ordinance does not allow that. So I -- I'm confused on this issue. MR. EAGLESTON: My license was in effect before that ordinance went into effect. - CHAIRPSkN HAYES: I -- I don't quite understand what you're getting at. Freestanding doesn't have anything to do with electrical. MR. PALM]ER: Well, the -- the ordinance may be not quite apropos, but the last sentence of the work aspects of what's called a nonelectrical sign contractor, which is in -- Section 22-162, paragraph 40 states "This category does not include the construction of freestanding structural signs.' FL~-.. GP~ESS~I: I'd like ~o ,,~ove ~his along, and i'd like to make a motion that we grant him the privilege for the next 30 days to erect freestanding signs, nonelectrical. MR. PALM]ER: That's -- that is what I'm getting at. MR. GRESSANI: Yes. I understand that. That's why I made the motion. MR. JOSLIN: I'll second that motion. CHAIR/~AN HAYES: We have a motion. Are you clear on the motion? We have a motion and a second. All in favor? Opposed? (No response) CHAIRMAN HAYES: Very well. I don't want to concern ourseSves with anything other than electrical related. )fR. PAinTER: Exactly. That's the issue. CHAIRMAN HAYES: That's -- that's my only concern. I -- Page 47 Janua~sz 15, 1~? I hope not to cause any further complications for your client than we already have; however, I do feel that we do need to review this a little bit before we just drop the gavel on a definite yes or no. MR. YOVANOVICH: Again, Mr. Hayes -- and I -- I'm not -- I don't disagree with you. I -- again, the time frame that I was given to give you everything you needed, I couldn't do it. The rules kept changing. You know, I'm going to the Board of County Commissioners. Now I'm coming the Contractors' Licensing Board. My -- my mode of doing business would have given you everything. You'd have had it in advance, and you would have reviewed it, and we'd have been done today; and I thought we could have worked around those little problems because of the uniqueness of -- CHAIRMA/W HAYES: Very well. Well, a formal application will settle the issue. MR. BARTOE: Mr. Yovanovich, if -- if you could possibly get your client to get a completed application to -- to my staff by February 10th -- I'm sure everything will probably be there except for the test score -- and then we can get our packages made up for the board. MR. YOVANOVICH: And I would request that any information that you plan on giving to the board will be given to me as far in advance as possible. MR. BARTOE: Yes, sir. MR. NEALE: Gentlemen, we do have to take a break. CHAIRMAN HAYES: I was going to -- MR. NEALE: The court reporter is about to run out of paper and -- CHAIR2i~ HAYES: -- recommend that we take a break. We hav~ t-wo other items, I understand; and if we can take a break and come back, perhaps we can finish this through the first portion of lunch, or should we maybe look at taking lunch now? Does anybody have any thoughts? Very well. We'll take a ten-minute break. We will convene in ten minutes. (A short break was held.) CHAIRMAN HAYES: I'd like to reconvene. Our next order of business is old business, is Charles Willey. Staff, what's the -- MR. BARTOE: bit. Bryant is counselor for Mr. Willey, and he can give you an idea of approximately how long he'll take today. And other than that on the agenda, we just have under discussion reviewing the ordinance amendments. And I don't think -- I fig"ured I'd leave most of that up to you, and I don't think that'll take too long. CHAIRMAN HAYES: Very well. MR. BRYANT: Mr. Chairman, members of the board, I'm David Bryant. I represent Mr. Willey, and I really appreciate your taking the time to hear this. I know you've been here a long time this morning. I don't think it's going to take very long now that we ¥~ve ~ind of, like, cleared the air about what really took place. This is a case where my client had his license revoked based upon some evidence that staff thought they had that was correct Page 48 16G 1 January 15, 1997 that turned out was totally correct -- incorrect that he was supposedly not responding to notices by Mr. Schultz and members of the Contractor Licensing Board. Mr. Schultz rightfully thought he was avoiding them. We've now figured out why he never got the notification of any of Mr. Schultz's letters or of the -- or of this board. And the reason was everything was sent to Post Office Box 175. Well, that's fine if it's going to one of the United States Postal Service's post offices. However, Mr. Willey had a post office box at one of the Mail Box Etc.-type (sic) places; and without having also on there 4989 Golden Gate Parkway and Post Office Box 175, he would never have gotten it. In fact, he has gotten his brand new Collier County occupational license and it went to the right address because it had the full address. And I've shown these to Mr. Schultz, and he, I think, reccgnizes now, as I do, that's what happened. Probably one of the secretaries thought that it was a regular pcst office box. They just wrote P.O. Box 175, because it's on all of the return receipt notices and also the certified mail notices; and Mr. Willey never got any of those. He was more than willing to be here. He's here today. He's willing to answer any question you have. He has two -- had two problems. You'll see in the packet of information that I provided to you I have affidavits from the two individuals that -- if he had even known that he had problems with them in the past, he would have corrected them as soon as Mr. Schultz told him or they had told them that. He's gone out there. He's taken care of everything. I submit to ?ou, gentlemen, that this would never have happened if; one, Mr. ~illey had known that he had these allegations that -- against him; and two, if staff had had all of the information that they thought they had and rightfully so. However, they didn't until I provided it to them. I would respectfully request at this time that the board's order revoking his license be set aside, because I submit to you it was done on; one, total hearsay. There was no direct evidence here. The ordinance requires that hearsay can supplement -- and I kno~ that this board -- these board members know that ~n administrative law, you can use hearsay; but it cannot be the sole deciding factor of the factual issues; it can only supplement. And two, he was revoked because you thought and staff thought that he had been -- he had lied on his application and he had been convicted of a felony when, in fact, he was not; and he answered the applications correctly. And because of the fact that he did not respond to Mr. Schultz's letters, he thought that he was avoiding them. And I think now we've cleared up the issue of why there was no communication. Basically, it's kind of like the old adage from television: We had a failure to communicate. And that really is the bottom line. It might sound simplistic, but it's quite true that as soon as ~r. Willey knew that he had these problems, he contacted me, and I contacted Mr. Schultz, and he was kind enough to meet with me. Page 49 16G 1 Janua~--y 15, 1997 And I believe that we have cleared the air, so to speak -- ~nd Mr. Schultz might want to cogent -- and M/. Willey is here and more than willing to answer any ~destions that the board me~3ers have. CHAIKMA/q b~YES: At this time point in time, I'm not quite sure without listening to some information, some input from staff, that i'm prepared to reverse a finding without another formal hearing. I would ask at this point, does staff feel that we need to rehear the case, or we just made a -- a -- a finding based on erroneous information and that there's absolutely nothing wrong? I mean, I -- the way I understood, I believe the case was brought up, not because of a misunderstanding or a misaddress, but because of a complaint. MR. BARTOE: That's true. Staff does not believe we need to go through another hearing. One thing staff does believe is that we need to be able to show that the -- I forget how man'f victims there were in this, two or three. Mr. Schultz may know for sure. We would like to see proof that they're satisfied. The -- some of the information that Mr. Schultz received from the sheriff's department did show -- prove in the end to be erroneous as far as a felony conviction, and staff does understand the troubles with the U.S. mail because I myself am experiencing quite a bit right now. MR. SCHULTZ: Mr. Chairman, I -- I put a copy of the board's direction to staff at our last meeting in regards to Mr. Willey. Those are affidavits from the two people that I'd mentioned that we had not made contact with; and if you'll read the -- the affidavits, you'll see that Mr. Willey has, you know, more than done what he had to do or should have done with these two victims. This whole thing had -- the sheriff's department gave me a follow-up rap ~heeto His initial rap sheet showed that he had been arrested for a felony, and it just left it there. I didn't' get or they didn't furnish me with the additional information that showed that this felony had been reduced to a misdemeanor. So, in essence, Mr. Willey didn't lie on his application. He was not convicted of it. It didn't -- it didn't ask the question, "Have you ever been arrested for a felony?" Had it asked that question and he said, no, then, yeah, we got him; he lied. But it didn't ask that. It said have you ever been convicted of a felony and, no, he wasn't. He was convicted of a misdemeanor. I've spent quite a bit of time with Mr. Willey in Mr. Bryant's office, and I've told him the way that we like to do business here in Collier County. I also told Mr. Willey that he needed to see these other two people, which he did; and you have the affidavits from them in front of you now. Speaking for myself, I have no objection in reversing the -- the original order of the board. I feel that Mr. Willey -- he knows how we want business conducted here, and he also knows that we're not going to tolerate any hanky-panky or anything that's going to hurt our citizens. And I explained to him in great detail that I --- I could very well be his worst nightmare if he would go out here and something like this would ever happen again. I don't really think that it will. I have confidence in Mr. Wil!ey to do the right thing. Page 50 16G January 15, 1997 1 So I -- I personally have no objection in reversing the order. CHAIRPLAN HAYES: Mr. -- Mr. Palmer. MR. PALP[ER: Yes, sir. CHAIRMAN HAYES: As -- as counsel to staff, do you have anything to add? MR. PALMER: No, sir. I -- I think, effectively, this is a stipulation to the merits of the application. MP,. GRESSANI: I've got a couple questions here. You say that we just listened to hearsay. It seems to me -- I remember the hearing that we had, and I'd like to ask staff two questions. First off, how many complaints were there? How many different people had complaints? MR. SCHULTZ: I had -- I personally handled three different complaints, Mr. Gressani. MR. GRESSANI: All right. And have all those three been satisfied now? MR. SCHULTZ: Yes, sir, they certainly have. ~R. GRESSANI: And weren't we told by staff that staff had inspected the work and found the work to be extremely faulty and that there was sawdust put underneath the paving as a base coat? MR. SCHULTZ: Yes, sir. I don't think it was sawdust; I believe it was mulch. ~R. GRESSANI: Mulch? All right. P[R. SCHULTZ: Mulch under one, and I'd -- I'd asked him about that. I also told him that a couple of the other driveways that we looked at -- one of these complaints looked like Chia Pets where the grass was coming up through them. MR. GRESSANI: That's right, as I recall. So it wasn't only hearsay. MR. BRYANT: Well, I'd submit to the board that without the actual person here to testify, Mr. Gressani, it was hearsay. I -- I recognize your concern and so does my client. One of the problems he had was several of the people -- he told them they needed base put down. They did not want to pay for a base. He didn't have a formal contract with them that said I don't want this and I don't want that and I do want this. He recognizes now -- in the future he is going to have that and have them initial exactly what they realize they're getting, but I submit to you there was never an attempt to not do the right thing. There was an attempt to only do what the person wanted to pay for. MR. GRESSANI: Well, I still make the question, do you consider when staff makes an investigation, looks at the work, and then reports their findings to us as hearsay? MR. BRYANT: Yes, sir, that is. And I submit to you that your staff would -- your legal staff would tell you that. Hearsay is something that somebody tells somebody. When they go out and are being told by people that this is what happened, I submit to you that's going to be hearsay. I would submit to you that if the Derson came in and testified that that would be direct evidence. But neither be that -- may -- the way it is, Mr. Willey tried to do the right thinq as soon as he found out there was a problem, and the big Page 51 16G i January 15, 1997 problem was that he wasn't getting the communications; and as soon as he found out there was a problem, he tried to correct those. And he did to Mr. Schultz's and the county's satisfaction. MIR. GRESSANI: But I still have the question in my mind and I don't understand something here, that if our staff, being inspectors, go out there and visually inspect the work and then come back and tell us that the work was improper, you're saying that that's hearsay? M2q. BRYANT: It is if they're relying upon finding out who owned that piece of property by being told that. They don't introduce evidence, but I don't -- I don't want to argue the evidence issue with you. I just would suggest that there were no actual people here to testify saying that Mr. Willey did the wrong thing. But as soon as he was told by staff about it, he tried to correct it. MR. GRESSANI: Well, I'm just trying to be educated here. MR. PALMER: David, I don't think you're saying tha~ what they saw with their own eyes in regard to -- MR. BRYANT: No. ~fR. GRESSANI: That' what I'm hearing. MR. PAL24ER: I think there's -- no. I think there's a miscommunication here, because David knows full well that what they observe with their ow~ eyes about the quality of work -- if it's obviously substandard to a nonexpert, that is not hearsay; .,nd I don't think Mr. Bryant intended to infer that. MR. BRYAMT: No, sir. And if we have a communication problem between you and I, I'm sorry and I apologize, because that's direct evidence. I'm talking about what they're told. - MR. GRESSANI: That's my question. MR. BRY;d~T: Yes, sir. MR. GRESS~I: Okay. MR. BRYANT: Thank you, Mr. Palmer. MR. GRESSANI: I have nothing further. MR. GONZALEZ: Were there any attempts from -- from these homeowners to get in touch with Mr. Willey by phone before the complaints were made and before the -- the notices were sent to the P.O. Box? MR. BRYANT: Yes, Mr. Gonzalez, there was. He has an answering service, and their direction is to immediately notify him when he gets a call. He had a family disaster, if you would. His father -- his stepfather -- or father-in-law was hit by a train in Illinois in his truck and almost killed; and he went to Illinois to help the family business up there, and he did not get the communications from those individuals. If he had, I submit to you, sir, that he would have immediately come back and fixed them, because as soon as he contacted me and I contacted Mr. Schultz, he said, you know, "Just tell me what I need to do, because I didn't know that." MR. GRESSANI: I still have one more question here. We are to understand that Mr. Willey is a very qualified paving contractor. As a qualified contractor, I question why, even though he had nothing to do with the subbase, he would put paving on top of Page 52 January 15, 1997 mulch which was used as a subbase. I don't understand. MR. BRYANT: Would you like to hear from Mr. Willey? MR. GRESSANI: Yes, I would. (The speaker was sworn.) MR. BRYANT: State your name. MR. WILLEY: Charles Willey. I told Mr. Daniker (phonetic) that it -- that he had some mulch in some areas of the driveway, and I said that -- he said he had some rock underneath there, and I questioned it. I said that there's -- you know, he said something to the effect that, you know, is there a problem? I said, "Thare may be.' I said, "If there is," I said, 'and something does happen,' I said, you know, 'we'll just give you your money back, because there is a question about it." He said, "Well, I really don't want to pay for the extra base, because there is some underneath there.' And there was a bunch of this plastic stuff, okay. And he said, "If you start taking that up, then it's going to take my whole yard up and all the light system and whatever it is.' And so I didn't want to get into an electrical problem and -- and some other things; so I just kind of left it like it was. And it was my fault for probably going ahead and doing it, because I could have called a -- somebody else to put the base in or whatever I needed to do and called the truck in and had it based in for me and probably had no problems at all. And I took the liability and the responsibility, and I lost in this regard. And I probably remember it more than anybody, but Mr. Daniker was very nice and he sat down and he said, 'I guess we should have put the base in.' And I said, 'Yes." And I said, 'It was my fault for not making you put the base in, or I shouldn't have done the job." So -- -MR. GRESSANI: But then you did -- MR. WILLEY: -- I apologized. MR. GRESSANI: But then you did remove the -- the soft -- the paving that had evidently deteriorated because of the subbase and redid the work? MR. WILLEY: No. No. It just -- I just simply gave him his money back, and he asked me if I wanted to -- he said, 'You know, you can come back and redo the job again." That's what he said and -- MR. GRESSANI: But you satisfied him? MR. WILLEY: Yeah, he was fine. No problem. MR. GRESS~NI: Okay. Thank you. MR. NEALE: Just as to the hearsay issue now, Mr. Willey's testimony is also hearsay as to his customer saying that he was satisfied. MR. BRYANT: Except that he just -- PIR. JOSLIN: Is that one the affidavits? MR. BRYAi%~: It is one of the affidavits. MR. NEALE: As long as there's an affidavit, then that supports it; so he's just -- CHAIR/M3kN HAYES: As far as I'm concerned, if -- if staff is satisfied that the customers were satisfied, finally satisfied, ~hen that'w evidence enough for me to say -- that's a little past hearsay. What is the pleasure? Page 53 16G January 15~ 1997 MR. JOSLIN: I'd like to entertain a motion here to -- a recommendation anyway. First to -- that we -- under the circumstances that the -- from the evidence that was presented by staff, we maybe made the wrong decision and that possibly we reinstate his license. MR. GRESSANI: I'll second that motion. MIR. SCHOENFUSS: Let's change the wording. Let's not say we made the wrong decision. Let's just say we made the decision based upon the wrong information. (Laughter) MIR. NEALE: Well, I -- I refer you to Section 22-204 of -- of the code, which is the section on rehearing, which I believe is what we are -- we are doing here today. It's a proper -- probably a pro;~eriy noticed rehearing, and the board had determined that it would grant a rehearing. At that point you can have the hearing in which the parties will be given the opportunity to present any evidence or argument limited by the Contractors' Licensing Board to the specific reasons for which the rehearing was granted, which you have done; and then you may modify or reverse your decision based upon evidence as presented. So uhat would be -- you could -- you can basically, I mean -- the -- the rehearing may be -- you may modify or reverse your decision based on new evidence brought forth. CHAIRPLA~; HAYES: Your suggestion then, Mr. Neale, is that we grant a rehearing today and not today just reverse our findings? bfR. NEALE: Well, you know, I mean, he didn't -- it doesn't appear that Mr. Willey followed procedure to the letter as far as requesting a rehearing, because there is a 20-day window in which they may request a rehearing of the issue; and I think it was a long time' gince 20 days after the -- the mailing of the -- yeah the notice was issued. Mit. BRYANT: I would submit to the board that because Mr. Willey never received the notice, that it's a jurisdictional issue; and I'd submit that we have, in essence, had a rehearing today based upon the testimony of staff and of Mr. Willey. And I would respectfully request that you reverse your earlier findings because of not having the entire picture and reinstate his license. MR. NEALE: Now, we -- we have a couple of -- I mean, what the board has to do here is, essentially, make a laap that we're going to ignore the code and do everything a little different here, okay, because the -- the request -- the grounds for a rehearing and the -- and the manner in which it is to be done are fairly specific. And, you know, I'm just -- staff -- county attorney may -- and staff may want to comment on this, but it says that a request' for rehearing shall be made in writing and shall be filed with the clerk of the court of the county -- the clerk of the board and served on other parties within 20 days from the date of mailing of the board's written decision. It says nothing about receipt; it says mailing. That the request for rehearing shall be based only on the g~und that ~he decision was contrary to the evidence -- which is what's bei~]g alleged -- or that the hearing involved an error on a ruling of law which was fundamental to the decision of the CLB. The Page 54 16G 1 January 15, 1997 written request shall specify the precise reasons therefore. The decision of the CLB which is the subject of the rehearing request shall remain in effect throughout the rehearing procedure unless the board orders otherwise. Now, the -- the last sentence does provide a window if you want to go uhrough the whole rehearing procedure in that you could say -- the board could order that the previous order get set aside until such time as a formal rehearing could be heard, okay. That's -- that's one option, but I don't know how many times we want Mr. Br%;ant to have to come here. Part B says that the Contractors' Licensing Board shall make a rec -- deter~nination as to whether or not to rehear the matter, and its decision shall be made at a public meeting reduced to writing and mailed to the interested parties -- now, I'm not sure who all the interested parties would be deemed to be in this case -- within ten days after the decision is made. If the Contractors' Licensing Board determines it will grant a hearing, it may, one, schedule a hearing where the parties will be given the opportunity of presenting evidence or argtunent limited by the Contractors' Licensing Board to the specific reasons for which the rehearing was granted, or modify or reverse its prior decision without receiving further evidence provided that the -- providing that the change is based on a finding that the prior result of the CLB resulted from a ruling on a question of law which the board has been informed by its counsel was an erroneous ruling. Well, Section 2 doesn't apply because it doesn't have anything to do with a ruling of law, in this instance. It has to do with a question of fact. I -- it's my opinion -- Mr. Palmer may want to comment on it -- that the fact that Mr. Bryant was here a month ago, requested the hearing, whether he followed the absolute letter of P[R. BRYANT: I was told to be here today. Staff told me to be here. MR. NEALE: Yeah. And then after the hearing -- at the hearing last month, going through the minutes, Mr. Bryant was -- was directed to come back, present evidence. That's how I remember it -- b~R. BRYANT: That's exactly right. MR. NEALE: -- going forward. I would say that while absolute procedure might not have been followed, the motion that was made was once the documents are put together and Mr. Willey is going to appear before this board that his counsel contact the county to make appropriately -- appropriate scheduling for the next county meeting when that would be feasible. Until such time the revocation' stands intact. ' That was the motion which I would suggest to the board if -- if they agree that that did comply with the request for rehearing. Whether it was made in writing and within 20 days, that's an issue that the board, I think, can -- within -- is within its power to w~iYe. Tken they could deem that this is the hearing as required under Sectioa B0 and this could be the hearing that was scheduled at the last meeting. So I just -- in the long way of saying, I think we Page 55 16G January 15, 1997 can do this procedurally, but I think it needs to be recognized that it -- it didn't precisely follow the pattern as -- as set out in the ordinance. MR. PALMER: I agree with that. Technically -- and I don't want to get into niceties of law, but technically, the rehearing is limited to a case where the argument is made that the decision is errcneous based on the evidence that was presented in the record. What we really have here technically -- and I have no objection to what's going on -- is a reconsideration based on newly discovered evidence which came forth in a reasonable time from the time that the notification was actually received by the person. And so the question about the delay is really based on the fact that they didn't get notice. There was no problem with that, but technically what we're doing here is we're reviewing the matter based on newly discovered evidence, not based on if you decided incorrectly based on the evidence. The fact of the matter is there was a -- a material fact that has now been disproven, and the order states that the basis for the order as originally decided was taking into consideration that fact. So what we're doing here is perfectly proper. In regard to the question about parties and giving opportunity, that probably means parties who were parties to the original action. So if people didn't testify or direct -- now they can't come in after the fact unless they're granted some kind of a motion to intervene. But the parties they're talking about there are the parties that were involved originally. So there's no question here about in -- insufficiency of notice to affected persons; so I have no objection to the proceedings whatsoever. -MR. BRYANT: Thank you, Mr. Palmer. CHAIR/V~AN HAYES: We have a motion on the floor. Do you want to revisit that motion, or do you want to continue it the way it was? MIR. JOSLIN: I think I'll leave it the way it was with the exception of adding into it -- striking some of the words. Let's motion it again. That would be the easiest way. I make a motion to -- we reinstate Mr. Charles Willey's license with the newly discovered evidence that we have learned today and overturn the earlier decision. MR. GRESSANI: I still second-that. CHAIRMAN HAYES: I have a first and a second. If I may clarify before the vote, I would suggest that we are also making a motion after reviewing with licensing their position on the complaints that were rendered previously and that we based our findings on -- at' our earlier -- earlier findings to withdraw his license. MR. JOSLIN: Yes. CHAIRMAN HAYES: Any further discussion? All in favor? Opposed? (No response) CHAIR~tAN HAYES: Motion carries. MR. BRYANT: Thank you very much, gentlemen. I really Page 56 January appreciate your time and your attention to this, Mr. Neale, staff. Thank you, Mr. Palmer. MR. SCHOENFUSS: May I say something about this business about post office boxes? Staff, is the problem that you sent it to the wrong address or that you didn't have the right address? MR. SCHULTZ: We had the right address. What happened, Mr. Schoenfuss, was that the secretary -- when we send these letters out, she took the -- the address that had the 4982 (sic) Golden Gate Parkway, P.O. Box 175. They didn't put the 4982 down. The clerk merely put P.O. Box, which she thought -- well, that's going to go over here to the main post office, and that's not the case. MR. SCHOENFUSS: Is the box at that -- at that mailing address, at that street address, a private box or one run by the U.S. Postal Service? MR. SCHULTZ: No. It's one of these Mail Box Etc. MR. SCHOENFUSS: That's my point -- meaning it's a privately operated situation. Well, the postal service, which tries to be ver%; dictatorial towards our society, is very much aware of this problem. And there's a specific regulation that the term "post office box" cannot be used for private boxes, and I was told that very recently by a postmaster. There are any other number of ways that such an address can be expressed. It can be box number or private postal box nufrdoer or suite nun%her or apartment nurser, but the P.O. -- or post office box may not be used. And that's a direct violation of the postal ser~zice regulations that I was -- if hearsay evidence is true, but I just got this from a postmaster. MR. SCHULTZ: You're absolutely correct in what you say. But there -- again, our -- our clerk over there, she seen the P.'O.- Box and -- MR. SCHOEAFFUSS: Sure. You got to do -- what -- what you have. MR. SCHULTZ: Bing. You know, right away it's -- you know, they're -- they're thinking the main post office. MR. SCHOENFUSS: Yeah. MR. SCHULTZ: But, you know, you're absolutely right. If it's one of these Mail Box Etc.'s, it should be box so-and-so. MR. SCHOENFUSS: Well, I don't think staff should accept any blame for having a wrong address if -- if the -- if the applicant himself has used improperly the term "post office box." MR. SCHULTZ: I -- I -- I don't feel that we're -- we're guilty of anything on that issue. I don't think we're guilty of any -- anything. We -- we acted in -- in good faith and in good conscience; and what we did, we did to protect the citizenry. C~%IPd~AN HAYES: There's no question about it, and if I may interject here as well. My concern -- I feel satisfied with what we've done here today, but my concern is a contractor in business that cannot be communicated with by telephone, by post office box, by pigeon, courier pigeon, whatever, is not a contractor in good faith. MI~. SCHULTZ: And that -- that's an issue that I'd like to bring %~p when we have our -- our next meeting. When -- when any su~ontractors or specialty contractors or -- or state or registered, Page 57 16G 1 January 15, 1997 what have you, we need to have a more definitive thing on that application. I mean'-- CHAIRMA/~ HAYES: That's exactly the way I feel about it. MR. GONZALEZ: I know when I'm out of town, I -- I call and get my messages every day. CHAIrmAN HAYES: Anything else on that subject before we move on? Next -- next item of business is the public hearings. Are there any? We have none on the agenda. MR. BARTOE: None. CHAIRMAN HAYES: Reports, we have none. MR. BARTOE: Staff has none. CHAIrmAN HAYES: Discussion, review of the ordinance amendments that we workshopped. I'm going to suggest at this point in time that in pursuit of last month's recommendations from the staff and board that we have had one workshop involving some specific trades that were -- and specific questions from some of our staff in regard to spectrum of restrictions to the licenses. And we were able to answer some questions that staff had, but some of those questions are still yet unanswered, and more specifically -- one of them in particular was an issue today, and it -- wetll be hearing more about that particular electrical sign contractor's license concerns at our next meeting. We did -- for all other people's information, went through as many of the ten specific trades that licensing had requested us to go through given that we didn't have representation from all those trades with us. However, we are going to have to have some additional workshops involved with electrical signs, with carlYentry, with pool, and I'm fumbling through here. I had the whole list at my fingertips, but it's been piled on top of. It was a healthy workshop. We discussed carpentry, security gates, tile floors and terrazzo, pavers, water falls, landscaping, pool contractors, dock and divit lift contractors -- davit, finish carpentry, and satellite dish contractors. We were able to settle some of the questions and concerns of -- of licensing staff with the exception of carpentry. We wanted to revisit the metal-stud issue in carpentry. We were able to clarify for carpentry -- or for staff that finish carpentry and rough carpentry, the separation between the two, was not necessary. The electricians -- in regard to satellite dish contractors whether or not they -- they could satisfactorily protect satellite dishes from lightning strikes became a question; so we decided to have a -- a submeeting between electricians and satellite dish contractors for that reason. Electrical sign contractors and electricians were concerned as to whether or not to allow nonlicensed electricians -- nonlicensed, nonelectrical sign licensed people to install electrical signs that only plug in. And pavers -- we wanted to revisit pavers and separation fzom ma~rcice -- or not marcite but from terrazzo floors versus a nonpoured floor versus tile. And we have input from a paving Page 58 10G January 15, 1997 contractor that's going to bring some definitions from the National Pavers' Association for our review. And so we're going to try to finish that up. This would hopefully be done with as soon as possible so that we can make our recommendations to the county commission for our revisions on the licensing ordinance by the -- by next month. MR. NEALE: So we'll have the recommendations back to this board for next month? CHAIRFu%N HAYES: Yes. We'll -- we'll have the final recommendations back to this board by next month on the rest of the issues that staff was asking about. That -- that was not a meeting as muck as it was a workshop that was just asked -- I at the time felt -- felt real happy that we had subcontractors that were willing to give of their time during the day to answer questions for staff that staff could be a little bit more firm with a definite position as to whether or not this should fall under this license or this should not. And I was real satisfied that we got the outcome that we did. We did, however, miss a couple of trades that were said to have made appointments to be there that did not. We gave notices throughout all of the newsletters that we could get it out to for those trades that were specifically in question, and those people were -- some of them were notified when we couldn't find out that we had anyone at all. For example, we -- we tried and failed -- we don't know any satellite dish contractors. So we didn't get any satellite dish people there. We're going to have to go to the -- resort, perhaps, to the yellow pages or -- I also have, as a matter of fact, on request from Judy in licensing to get a full list of all license holders in Collier County. I have a registered list. I have -- I need that as well for certified so that we can specifically target these individuals when we do need research and workshops on -- on some of these concerns. There's -- the yellow pages is a nice reference, but I will state that licensing is the source for finding out how many and who satellite dish contractors we have in Collier County. MR. BARTOE: The -- the books that she gets printed up, I think Paul said, is usually done next month or the end of this month. They -- they are yea thick (indicating) with -- either by individual in alphabetical order or by company name in alphabetical order, and that's not going to give you a breakdown. If you would call Judy on the phone and -- and ask for all satellite dish contractors, she can get you a printout in two or three minutes. CHAZRMAN HAYES: Okay. Well, what I want to be able to do is I want a full-blow~ list that we can utilize anytime we need to' that -- to answer this call anytime we have it. The ASA, I believe, will -- will take -- accept the responsibility of notification to each and every one of those trades anytime licensing or development services wishes to have any form of a workshop on that in the future, whether it be this particular license ordinance review or any other concerns or questions that development services from time to time may have with the trades. MR. BARTOE: When -- when she comes out with the printed Page 59 16G 1 January 15, 1997 copy in alphabetical order of both individual and company, then we will be able to get you a copy of that. CHAIR/W_AN HAYES: Excellent. And we'll -- we'll be more than happy to work with development services in any way we can on advisor%/ status for that reason. I think that as long as development services is continuing to strive to improve the level of services, that they are very much in need of the input of the individual trades affecting that. And so I was very satisfied with the people's interest in -- in participating with the workshop, and I think that this is probably going to set a precedent as to -- as a matter of fact, in the future whenever we have any revisions that -- or any questions development services has toward a licensing procedure or format or concern or limitation, that we can use that group to be able to supply that information so that they've got a learned position. Here in licensing we have had from time to time a -- a request from staff to give them some input toward these ends, but we have been unable to supply a 61-person trade spectrum of knowledge. We -- we don't have tile setters here today, for example: and so I think that in lieu of that, that we may could use specific testimony from specific trades in the future. Any -- anybody got anything else on the ordinance? Mr. Neale, I know that you had mentioned before some -- some procedural concerns with it, and I do want to get those procedures down to the point that we have a format. Today we avoided some procedure, but I think that we were in pursuit of the intent. ~LR. NEALE: Yeah, exactly. I mean, the -- the issues that I think we need to address that we've seen happen time and again are issues such as, what is the latitude of this board in granting exemptions, etc.? You know, we're sort of interpreting the code on the fly here, and I -- I believe our interpretation is correct. We've had discussions with the county staff, county attorneys, and everybody on this; but I think, you know, that's an issue that we're going to need to address. I think some of the notice issues we need to address. The ability to subpoena is -- is something that I think -- and call witnesses is something that, I think, we have at least a colorable ability to do under Section 125 of Florida Statutes; and I think that's something that -- if we look back to some of the cases where we had problems getting evidence from people and so forth, that that would be something that we -- we should look at having in -- in the code. You know, not just the trade issues, but also the issues as -- as we've been talking here, some of those kind of -- those kind of matters. CHAIRMA/~ HAYES: Formalities or the format on agenda adjustment as well. I think we need to set a criteria as to -- MR. NEALE: Yeah. And that's something that -- I think we've talked earlier about setting up written rules and procedures for the operation of this board. I don't think that that kind of thing really needs to be put into ordinance as it can be adopted by this board as part of its rules of procedure that the -- the agenda for this board -- each item brought to it shall contain boom, boom, boom; Page 60 16G January 15, 1997 and you can put that in -- in a set of rules and procedures. And so I think that would be -- be something that we could -- we could work on dz'afting is -- have that set out as -- as part of the adopted rules and that they would just travel with this board as it moves forward. MR. JOSLIN: I've got a question for staff, if I may. A -- a little while ago we granted a -- a temporary license for -- or a license for the -- the pool-servicing man that was here, Mr. Bruet or whatever his name was. Is -- now, I do know that the state has eliminated pool license for -- for service companies, right, for maintenance companies. Is the county going to require any type of a comp card in -- in lieu of that jurisdiction or in lieu of that law? MR. SCHULTZ: Well, we haven't got to that issue yet in -- in our meetings, but I -- I would not be opposed to kicking that part of it out to -- to follow the state. MR. JOSLIN: Okay. MR. SCHULTZ: We've never had no complaints, or at least I've never handled any complaints on any -- anyone whereas, you know, it -- it was a problem as to the maintenance, direct maintenance, water quality, cleaning, this type. thing. It's always been the other side where they've done -- went in and done repiping or new pump or new filter or tile and -- and things of this nature. bSR. JOSLIN: Okay. The -- the reason I'm asking this is because in the -- in the NSPI, which is the National Spa and Pool Institute, there's -- it's come up before where people that are doing only maintenance on pools are almost the same liability as -- as a contractor to a degree, because it's very simple for a maintenance person to completely destroy a pool just through the maintenance care of it, which then kind of -- -MR. SCHULTZ: Water quality. MR. JOSLIN: -- takes the -- takes the contractor and puts him right into in a bad situation where -- granted, this is my -- my business, but it's still -- I still feel as though there should be some kind of guidelines, even in our county, that would regulate or at least give like a comp card-type atmosphere to a company recognizing them as a company here. MR. SCHULTZ: Would you suggest that they take a test for just the maintenance? MR. JOSLIN: No. Maybe not a test, but some sort of a -- at least -- I don't know, a minor -- whether it be a minor fee, whether it be some way where you can at least give them a number for tracking purposes and for finding someone that's doing that particular job. MR. SCHULTZ: That's a thought, yeah. MR. JOSLIN: My -- my concern is that with opening a door like that -- like the state has done in my business, they have given a license or an ability to any person on the street whether they have the knowledge, whether they have the quality, or whether they know how to do the job or not, to go and take care of a swimming pool. ~k. NEALE: Yeah. And what -- following on what -- what Mr. Joslin said, you hearken back to a case that we had last year over a pool finish, and the argument was made by the supplier of the finish Page 61 16G January 15, 1997 1 that it wasn't their fault, that it was solely the fault of the person who was maintaining it because they didn't keep the pH and alkalinity correct on the pool. And so I think, you know, it's an issue that ~Lr. Joslin raises that -- that has a -- a substantial amount of validity as -- as to the trades. MR. JOSLIN: The other question that -- that falls behind that is that in the past, up until just recently, you had to take a test to be a service contractor, to maintain a pool; and as of now the state's kind of coming down because they took away pesticides, and they're putting it now -- they've given it no license requirements. They've taken it away. A lot of the companies now that did pass the test and that did business in that particular trade now are being, basically, run, to a degree, out of business. To a degree a lot of business is being taken away by the lawn services, by the John down the street, by the neigl~ors. And I think that if we're going to allow them to work here, that you're going to have more people in the county that are going to be upset at either that maintenance person, or they're going to be calling the pool builder or the -- the fellow that does the plaster or whoever does; and it's going to become even a more heated discussion then. MR. SCHULTZ: Well, ~he county can be, certainly, more restrictive than what the -- the state statute requires and -- and, yeah, this -- I say that what -- what you say has a -- a tremendous ~ount of merit. I own a pool, too, and I -- I wouldn't want some shoemaker coming in there, you know, and screwing the pH up on it, you know, because that would do damage. Maybe this is something that we -- we need to kind of look more at, I guess. b~t. PALM]ER: Mr. Hayes and members, this is prompted by something that Mr. Neale said, and it -- I -- I know that I'm a -- a new kid on the block, relatively speaking; but something occurred to me that I thought might be beneficial to the members of the board. It's certainly beneficial to my office. And that is, when I got the agenda the other day, I saw the items on here -- for example, Jack Sweeting, no backup material; Carole Munger, no backup material. And it would have been extremely helpful for my office if there had been a one-page executive summary of what the matter was about; whether or not evidence had presented; whether or not anybody was going to be here to testify or not; whether or not staff had made -- was making a recommendation to the board, even if the recommendation wasn't stated; so that I wouldn't have to call staff to be briefed on things. I think it takes more time to call somebody up and find out what these items are about than if there was at least a one-page executive summary on every line item in the agenda. And I haven't discussed this with staff, and I don't want to hit this too hard. I'm just suggesting that it might save everybody's time, including the members of the board. They would be up to speed just by looking at the agenda and the backup material. MR. NEALE: I -- I must say I concur with -- with ~r. Palmer. It would be nice, particularly on some of the ones where the -- the statement is fairly -- you know, review a credit report. It would be helpful for me, I think, and possibly for the board, to Page 62 16G January 15, 1997 1 have something in there that says -- a one-sentence thing from -- from staff that says we're concerned about these items on the credit report. This is what we want you to look at so that it -- we don't spend ten minutes on every one of them going, now, what's the problem here? I think we could streamline this meeting a lot by doing that. I think -- and ~tr. Gressani actually suggested this -- what would be very helpful is if all of us could be given a cheat sheet by the credit reporting bureaus as to what an I01 and an R09 and a -- you know, an H and a -- you know, all these other gibberish codes that they have in there -- or what an NN or a CC means. I mean, I -- I look at a fair number of credit reports. I think we all do, but I still would find it helpful if we could just have one of those -- and I'm sure the credit -- the people that we do all this business with would be more than happy to give us a cheat sheet on that so that we can read these things and figure out, you know, how -- how much of a bum this guy is, so to speak, you know. MR. BARTOE: I -- I think that's on the backs of those reports, and the girls forget to copy the back. MR. NEALE: Yeah. I -- I mean, why -- rather than having to copy the back of every one, rather than having to make two-sided copies, just, you ~now, give us one cheat sheet and -- CHAIRMAN HAYES: In the packet. MR. NEALE: In -- in the packet or, you know, whatever, you know. MR. BALZANO: Don't you get a packet now that tells you -- don't you get copies of the credit report? I deliver them every week. MR. NEALE: Yeah, but -- 'CHAIRMA/~ HAYES: Yeah. But we're just asking for a cheat sheet included in that packet -- MR. NEALE: Well, and also -- CHAIRPLAN HAYES: -- to what those -- MR. JOSLIN: With a credit report -- CHAIRMAN HAYES: -- what the codes are. MR. JOSLIN: -- like an R09, R01. MR. NEALE: Okay. And -- and not only that, I think -- excuse me. MR. BALZANO: I just got the evil eye. MR. NEALE: I know what -- what Mr. Palmer and I were talking about, and we -- we discussed this the other day is a -- essentially, for each line item, a -- either a one-page summary or, you know, potentially all of them on one summary sheet that says what the concerns are, because where it just says review credit report -- MR. BALZANO: Review credit report. MR. NEALE: Well, but, you know, what on it -- what on it is of concern? You know, the -- some kind of a summary of what we're going to -- rather than having it just be the stuff that's presented here, I think -- and I've sat -- aside from being counsel to these boards, I've -- I've sat on a lot of boards, and it always helps if there's some kind of a staff summary on what's goin~ on. ~q. BARTOE: I -- I understand what you're saying, Page 63 16G January 15, 1997 Mr. Neale, and we'll attempt to do that in the future. Mlq. NEALE: But, I mean, it doesn't have to be anything elaborate, but just, you know, a couple lines -- MR. BARTOE: Yeah. I -- I just -- MR. NEALE: -- saying here's what we're doing. MR. BARTOE: I just didn't care for your word "executive summary." I've been involved in too many of those, and they're time-consuming. MR. NEALE: Well, and that -- do we have any executives sitting here; so that's the other thing. CHAIRMAN HAYES: Our next meeting will be February 19th. Do we have any further business? MR. BARTOE: None from staff. CHAIRMAN HAYES: I call this meeting adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 12:40 p.m. CONTRACTORS' LICENSING BOARD GARY HAYES, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Barbara Drescher Page 64 Agenda Technical Advisory Committee/Citizens Advisory Committee (TAC/CAC) of the Naples (Collier County) Metropolitan Planning Organization Wednesday, June 25, ]997 2:00 p.m. Collier County Government Center Supervisor of Elections, Building B, Classroom 3301 East Tam/ami Trail Naples, Flor/da 1997 Notice: This meeting of the Technical /tdvi~ory Committee~Citlzens Advi.~ory Committee (T/~C/C/iC) is open to the puMic and citizen input is encouragea[ Any person wishing to speak on any scheduled item may do so upon recognition by the Chairman. Any person de.tiring to have an item placed on the agenda shah make a reyuest in writing, with a description and summa'on of the item, to the MPO Coordinator at least 14 days prior to the date of the next scheduled meeting of the T/IC. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto, and therefore may need to enaure that a verbatim record of the proceedings is made, which record includes the te.n%nony and evidence upon which the appeal i~ to be have& Addenda to the Agenda 2. Approval of Minutes - DtC/OIC. May 21. 1997. 3. Old Business A. Discussion of the b{PO's Unfunded Priority Setting Process 4. New Business A. Review of the MPO's 1997-2002 Transportation Improvement Program (TIP). B. Discussion of FOCUS activities 5. Miscellaneous Correspondence 6. Discussion of Addenda 7. Adjourn Misc. torres: a.e:.~/', //-1 / / 16G I MINUTES OF THE TECHNICAL ADVISORY COMMITTEE/ CITIZENS ADVISORY COMMI'I~rEE OFTHE NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZATION DATE: May 2 I, 1997 TII¥I E: 2:00 P.M. PLACE: Collier County Government Center Supervisor of Elections Classroom Building B Naples, Florida TAC MEMBERS STAFF MEMBERS Wayne Arnold X Missy McKim ABS Vince Cautero X Edward Kant X Richard Gatti (1) Ted Soliday (2) Glen Ahlert AIlS Mark Gumula (3) John Starling ABS Ken Heatherington X Amy Taylor X Gavin Jones X TAC ALTERNATES (i) George Archibald (2) Lisa Leblanc-Hutchings (3) Don Barrett TAC NON-VOTING MEMBERg Bill Lorenz ABS Arthur Dobberstein ABS Larry Anderson ABS Roger Krahl ABS Robert C. Daniel ABS Sherrill Culliver ABS CAC MEMBERS A. Gail Borman X Christine Straton ABS Irene Juillet X Sally Barker ABS Reed Jarvi ABS Nick Whitney ABS John Asher X ~ con~t Louis Hoegsted ABS Jack Pointer X Walter Johnson X Vacant CALLED TO OR~DE....~R 2. I0 P.M. .ADJOURNED: PRESIDING: Reed Jarvi, CAC Vice-Chairperson ITEM I. ADDENDA NONE 3.45 P.M. ITEM 2. APPROVAL OF TAC/CAC MINUTES of April 23, 1997. Mr. Kant moved approval of the TAC/CAC minutes for the meeting of April 23, 1997. Mr. Pointer seconded. The motion passed unanimously. ITEM 3. NONE OLD BUSINESS ITEM 4. NEW BUSINESS Mr. Arnold introduced Mr. Ken Heatherington, the new MPO Coordinator. 168 1 4A, Discussion of the MPO's Unfunded Priority Setting Process. Mr. Kant noted that turn lane improvements that were taken offthe Unfunded Priority list because they were included in the Work Program had been dropped from the Work Program. He offered this as an example of why projects in the work program should stay on the Unfunded Priority list. The committee agreed that the different phases of projects should be listed separately in the Unfunded Priority list. Mr. Kant said he would like to see an item added called the Rural Safety Refuge. This would be an asphalt pad at the road edge, with a bicycle rack, a bench, some form of shelter, whose area would hold fifteen to twenty children standing. Transportation Services estimated the price for each would be around $2500, and ten to fifteen candidate locations had been identified. He proposed a single item added to the list with a $25K- $50K total estimated cost. Mr. Kant said the Community Traffic Safety Team had proposed a list of twenty locations that needed shoulder pathway improvements, and asked to include them as a group. Mr. Kant said he would also submit the two times above as enhancement projects. Mr. Archibald asked if a study on transit could be included. Mr. Jones said that the MPO had recently declined to include enough staffresources merely to oversee a consultant's work on a Transit Development Plan (TI)P). Also, the Board of County Commissioners had recently rejected the inclusion in the proposed Transit element of a study on alternate forms of public transportation. Mr. Jones concluded that the current political climate was unfavorable for transit studies. Mr. Heathefington said that the existing Transportation Disadvantaged (TI3) Service Plan could be examined for opportunities for enhanced transit activities. Ms. Taylor noted that TECH, the current Comanunity Transportation Coordinator, was examining the feasibility ora fixed route. Mr. Heatherington noted that a new CTC will be chosen in August. Mr. Jarvi said that the issue of public transit needs to be discussed again at the June meeting. Mr. Asher asked what the City of Naples' position is on transit. Mr. Archibald said the issue had never been considered. Mr. Jarvi asked if the ROW acquisition for the interchange ofi-75 and Golden Gate Parkway could be advanced. Mr. Kant said it could begin as soon as the PD&E work 16G 1' finished, and if the county dollars were available. Mr. Archibald said the PD&E work will take one and a half years. Mr. Archibald moved to include the right of way (ROW) and construction phase~ of WPI#1114178, the widening of U.S. 41N from Old U.S. 41 to the Lee County line; and a new road segment: Livingston Road from Immokalee Rd. to Bonita Beach Rd. Mr. Pointer seconded the motion. The motion passed unanimously. Mr. Kant moved to remove 1996 priority numbers 22 and 23, which involve the widening of Davis Blvd. from Airport Rd. to Santa Barbara Blvd. These two projects are part of the 2020 Financially Feasible network, but not part of the 2010 Financially Feasible network. He also moved to include the six laning of SR 951 from U.S. 41 to Manatee Rd. Mr. Archibald seconded the motion. The motion passed unanimously. ITEM 5. Miscellaneous Correspondence and Discussions Ms. Taylor announced there would be a Transportation Priorities Forum on June i 8 at the Naples Depot. Staff.was seeking volunteers from the committee to be facilitat.~rs at the Forum. Mr. Jarvi suggested contacting FOCUS for trained facilitators. He also suggested notifying all homeowners associations of the Forum. Mr. Pointer moved to recommend that the committee urge the IMPO to urge FDOT to include sidewalks on both sides - and landscaping - of the new cross section of U.S. 41 N. from Old U.S. 41 to Alico Rd. Ms. Borman seconded the motion. The motion passed unanimously. Staff.was directed to poll members for better times to hold the meeting. ITEM 6. NONE Discussion of Addenda ITEM 7. Adjourn 3:45 p.m. 16G 1' EXECUTIVE SUMMARY Discussion regarding the Ml~O's Annual Unfunded Priority Setting Process. Objective: To dizcxms the MPO's annual unfunded priority ~etting process. Con~derafions: Attached is the unfunded priority list aa amended at the last TAC/CAC mecting. The LOS D threshold on S.R. 29 north of S.R. 29A in Immokalee is 10,400 AADT. This ~egmcnt's counted AADT in 1996 was 10,900 vlxt, a LOS deficiency. FDOT recently completed it~ 1997 coun~ in that area. They ~ an e~--timated AADT th~ year of I0,154, slightly below the LOS D tlmmhold. In the AUIR database, the limits of this $egrr~-nt are from SR29A to SR 82. The Long Range Plan Update deemed as financially feasible the widening SP,29 o~ly as far north aa its intersection with a loop road proposed in the Needs Assessment. See the attached 2010 Financially Feam'bl¢ Plan for details. The committ~ should cons/der moving the widening of this road segment to the top of the Unfunded Priorities Li~ to avoid a concru~ct~-'y problem. Staff will bring the results of thc Transportation Prioritiea Forum held June 18 to the meeting. Staff Recommendation,: ideas on m-ordering tim list. Staff seeks ideas for new projects to include, or Date: 06/18/97 Reviewed by: .~.~ ~ Date: 06/18/97 Meeting Notes Motion: Made by: Second by: Vote: 16G I ~ He&~J7 / r~RZDA DOT - DI~ ONg CO~ER COU~ [~R]M Y~AR 2010 X 16G 1' 16G'1' EXECUTIVE SUMMARY Review of the Metropolitan Plznnlnl Organization's 199%2002 Transportation Improvement Pro.gram Obje~ive: To havc thc TAC review and pwvide a re~rnmendation 'ff appra-val to thc MPO regarding thc 1997-2002 TIP. Considerations: Each year the MPO is required to develop a Transporxation lmprovcmcnt Program ('TIP) that reflects the financially feasible highway, aviation, ami transit projects for the next three years. In ~cklifion. the TI? reflects two additional programmed years of thc Stat~'s Wo~ Program and the capital improvement schedule for t3e County. The TIP is developed pursuant to FDOT directive (Topic No. 525-010-012-c) which establishes thc procedures for developing thc TIP as well as l.he minimum content of '.he document. The TIP is dix~ded into sections. An Executive Snmmary provides a narrative of the pro~ and priorities'that make up th~ ~ development process. A Legend section pr~de~ ~n explanation of the numerous abbreviations used in the document. Part h Federal Funded Projects includes the details of each project phase by funding category for the heX1 three year period. Part l'I: Project Llsting~ for Five Fiscal Years is the section that displays FDOT's Tentative 5 Year Work Program, the Counw's Schedule of Capital Implements for the same period, and the City's Work Program. Recommendations: Staff rcxlueats that thc TAC review and comment on the TIP and provide a recommendation of approval W the IVI~O. Gavin John, Transpoj/tation Planner Ka~I~atheri~ork AICP M~O ~t~ord~nator Meeting Notea Mc,ion: Made by: Second by: Vote: TAC Agenda Ju~e 2~, 1597 ~m,, 4A TIP TAC xsum 4A 6-25-97 0 ~a l_6G -1_ ' E 8 0 8 0 0 Z < 0 U Z Z <~o~ u u ~ u u u I5 ,,z, i:::< 0 o~, ~zo 0 0 0 Z 0 0 0 Z 0 0 0 z 0 n 0 0 0 Z 0 0 0 '00 ,~UO~ XIN~; ~3J-r'lo9 N~t3J. S3~ Sz33PO2td 3IV±S l, NVaOOad IN31~3AOWd~I NOIIVIaOdSNV~JI I i C Ir! ., 1 il, '0~ '03 33'1 '03 0 o~ Oo~ 0 Z EXECUTIVE SUMMARY Di~ca~ion of FOCUS acti~ties. Obj~-th, e: To discuss MYO staffs ruc~nt iuvo{v~'neni with the F~S ~. C~~: ~ ~ ~ ~ng r~ ~ a ~ of F~S ~. ~ ~ ~ a d~ ~ ~ ~ in ~ ~n~. Staff l~daflons: This is an information item only. Gav/n Jones, T ~nm~t/on Planner - · '~.,,~ eaumqngton, A~CP, ~ Coordinator Date:. ~/18/~_ Date:0f__..Q.~=~ ade by: Second by: v°~.___L_.._ TAC/CAC Ak, end, ] J~me 25, 1997[ Item 41} { FOCUS update TAC x.m~ 4B ~-25-~7 { AREA AGENCY on AGING for Southwest Florida, Inc. June 30, 1997 Mr. John C. Norris, Chairman Collier County Board of Commissioners Collier County Government Complex 3301 Tarniarni Trail Naples, Florida 33962 RE: Quarterly monitoring of liCE fiscal records Dear Commissioner Norris: The Area Agency on Aging for Southwest Florida, Inc. contracts with Collier County Services for Seniors for Home Care for the Elderly 0-ICE) services. Associated with our contracting responsibilities is a quarterly monitoring visit. The purpose of this visit is to monitor fiscal voucher records, answer any questions, provide technical assistance, and assure compliance with HCE regulations. I have enclosed a copy of the most recent report for your review, lfyou have questions or comments regarding this report, please do not hesitate to contact this office. Enclosure Misc. Corr~ c: Nanci Lochner, Program Supervisor Marty Redovan, CPA, Fiscal Monitoring File Oate: Norrl, Item, ']~ 6. Hancock -~ Co~stanttne-I v . -- Bert) 2285 Firs] Smrllm f<)rm tlxlrs, fh~kla 33901-2959 · (941) I-8OO-398-4233 · IDD (941)-332-7353 GRANTEE NAME: GRANTEE ADDRESS: PHONE NUMBER: FUNDING SOURCE: CONTRACT NUMBER: COUNTIES SERVED: PSA 8 AREA AGENCY ON AGING 1996 TECtlNICAL ASSISTANCE REPORT HOME CARE FOR TIlE ELDERLY COLLIER COUNTY SERVICES FOR SENIORS Collier County Government Complex 3301 Tamiami Trail East, Naples, FL 33962 941/774-8443 HCE HCE 030.45.96 COLLIER COUNTY 1' PURPOSE OF VISIT: Quarterly monitoring of liCE fiscal records DATE OF VISIT: January 16, 1997 NAME/TITLE OF GRANTEE CONTACTS: John Ferrell, Accountant Technician Velma A. Plummet. Accountal~t~[ AAA MONITOR DATE OF REPORT 16G NARRATIVE SUMMARY OF TECHNICAL ASSISTANCE VISIT Accounti~ & Procedure iMonthl~ I) Analysis rcport (schedule of activities) arc prepared monthly? 2) An operating budget is maintained Ex~itures Payment Requests: ~ ~ I) CM has author/zed voucher for payment X 2) Supervisor has authorized voucher for payment X 3) Receipts are attached X 4) Receipts are signed and dated by thc care givers X 5) Expenditures arc identifiable as to thc t>pc of service or product X 6) Special subsidy mounts have been authorized in thc care plan X 7) Voucher files arc scgrcgated from client files and arc read/ly identifiable X 8) Files contain thc necessary information -lc..voucher input shccts care X __~ . On January l O, 1997, we reviewed the HCE program administered by Collier County Services for Seniors. Collier County had an average or~;0 active clients for October, November and December' 1996. All active clients received a basic subsidy for all three months. Twelve clients received special subsidy payments for October, eight clients for November and ten clients for December. All of the voucher files for October, November and December' 1996 were reviewed. Collier County Services for Senior's vouchers correspond to the Area Agency on Aging records. No discrepancies were noted during the on-site review. Monitor Signature ' ' -- - Kcy:Y=Yes. Standard Mct;N=Not Mc,. M=Marginal. U=Unablc lo verify. N/A=Not Applicable AA 16G ArEA AGENCY on AGING for Southwest Florida, Inc. June30,1997 Mr. John C. Norris, Chairman Collier County Board of Commissioners Collier County Government Complex 3301 Tamiami Trail Naples, Florida 33962 RE: Quarterly monitoring of liCE fiscal records Dear Commissioner Norris: The Area Agency on Aging for Southwest Florida, Inc. contracts with Collier County Services for Seniors for Home Care for the Elderly (I-ICE) services. Associated with our contracting responsibilities is a quarterly monitoring visit. The purpose of this visit is to monitor fiscal voucher records, answer any questions, provide technical assistance, and assure compliance with HCE regulations. I have enclosed a copy of the most recent report for your review. If you have questions or comments regarding this report, please do not hesitate to contact this office. Executive Director Enclosure c: Nanci Lochner, Program Supervisor Misc. C0rres: Many Redovan, CPA, Collier County/Fiscal Monitoring File 0ate: Norris Hancock ~/ Item# C~stantlne n~c 'K le --~-. ,t/ Copies To: Berr$ _ 2285 first SrrH t. [OR~ Mxers. florida 33901-2959 · (941) 332-q233 SunCox~ 748-69d/lax (941) 3~2-3596 1-8OO-~98-q233 · IDD {941)-332-735~ GRANTEE NAME: GRANTEE ADDRESS: PHONE NUMBER: FUNDING SOURCE: CONTRACT NUMBER: COUNTIES SERVED: PSA 8 AREA AGENCY ON AGING 1996 TECIINICAL ASSISTANCE REPORT HOME CARE FOR TIlE ELDERLY COLLIER COUNTY SERVICES FOR SENIORS Collier County Government Complex 3301 Tamiami Trail East, Naples. FL 33962 94 I/774-g443 HCE HCE 030.45.96 COLLIER COUNTY PURPOSE OF VISIT: Quarterly monitoring of HCE fiscal records DATE OF VISIT: March 27, 1997 NAME/TITLE OF GRANTEE CONTACTS: John Ferrell, Accountant Technician 166 1" Velma A. Plummer. Accountant, AAA MONITOR June 12, 1997 DATE OF REPORT 16G 1 Accountin~ & Procedure Mont~w 1) Analysis report (schedule of activities) arc prepared monthly? ~ 2) An operating budget is maintained . E__E_~.penditures Payment Requests: I ) CM has authorized voucher for pa:mt.mt 2) Supervisor has authorized voucher for pa>~ncn( 3) Receipts are attached 4) Receipts are signed and dated by thc care givers 5) Expenditures arc identifiable as 1o thc type of scp,'icc or product 6) Special subsidy amounts have been authoriz, x:d in thc care plan 7) Voucher files are segregated from client files and are readily identifiable 8) Files contain thc necessary information -lc..voucher input sheets care On March 27, 1997. we reviewed the HCE program administered by Collier County Services for Seniors. Collier County had an average of 77 active clients for January. February and March ' 1997. All active clients received a basic subsidy for all three months. Eleven clients received special subsidy payments for January. ten clients for February and six clients for March. All of the voucher files for January, FcbmaD' and March were reviewed. Collier County Services for Senior's vouchers correspond to the Area Agency on Aging records. No discrepancies were noted during the on-site review. Monito~ Sigruqlure" Key:Y=Yes, Standard Mct;N=Not Met. M=Margirml. U=Utmble to verify. N/A=No! Applimblc 16G 1 HEAI,Ttt PIJkNNING COUNCIl, OF fit')UTI~tW'E~ST FI,ORIDA. INC. MEMORANDUM TO: FROM: Timothy Hancock, Chairman Collier Board of County Commissioners '?/t~.Mary W. Schulthess, Executive Director Health Planning Council of Southwest Florida, Inc. DATE: July 3, 1997 SUBJECT:Quarterly Report of Program Activities District 8/Quarter Ending June 30, 1997 The attached report of program activities for the three month period ending June 30, 1997, represents a broad description of the continuing efforts of the Health Planning Council of Southwest Florida to meet its contractual requirements with the Agency for Health Care Administration. We are providing you with a copy to enhance awareness of your local health council. Please feel free to share this report with your fellow commissioners. Should you have any further suggestions or questions regarding this report or the council's activities, please contact me at the council office. Norr I $ Date: Hancock . Berry 9250 COLLEGE PARKWAY SUITE 3 FORT MYERS. FL 33919 (941) 433-6700 SUNCOM 731-6700 FAX (941) 433-6703 Health Planning Council of Southwest Florida, Inc. Quarterly Report of Program Activities Quarter Ending June 30, 1997 Ac 'vities of National or tewide Focus During the fourth quarter of FY 1996-97, the Executive Director responded to a request from the National Association for Community Health Centers regarding the Florida Healthy Kids Program which was compiled to present to federal legislators from Florida as they developed their positions on a proposed federal expansion of health insurance to needy children. On May 14, 1997, the Executive Director participated in a one-day workshop titled "Healthy Kids 101". This training was directed to county representatives already participating in the Healthy Kids Program or intending to inaugurate one. The Executive Director and Data Manager/Planner attended the Statewide Board meeting of the Florida Healthy Kids Corporation on June 19~' in Gainesville, at which time the Board endorsed an implementation date for the Lee County Healthy Kids Program on January 5, 1998. Shortly after the 1997 Florida Legislative Session ended, State Representative Burl Saunders responded to the Council's prior inquiry regarding the establishment of Managed Care Ombudsman Committees in Florida and a potential role for local health councils in this process. Representative Saunders is a member of the Health Care Committee, and he provided the Council with a key contact name, address and telephone number. Plans to co-host a second Florida Legislative Symposium (with the Southwest Florida Business and Health Care Coalition) had to be postponed due to action taken by the President of the Florida Senate which precluded involvement from district Senators. This event is designed to review health-related action undertaken during the 1997 Florida Legislative Session. The Symposium is tentatively scheduled during September 1997 in Lee County. On May 7, staff from the Health Planning Council attended a forum entitled "Rethinking the Brain", presented by Wil Blechman, MD, Senior Child Health Consultant. Innovative, dynamic research on this subject was presented by Dr. Blechman at Edison Community College and led to an expanded understanding about this issue which is receiving national recognition. _Activities Of District Focus Throughout the fourth quarter, ~e Executive Director was contacted by numerous individuals or agencies for technical assistance or information. Early in the quarter, in response to a request initiated by the Depa.rlument of Children and Families District Office of Economic Services, Council staff prepared a seven-page analysis of Teenage Pregnancy Prevention Programs in Southwest Florida f3r the WAGES Coalition. Much of thc information was county-specific, thereby allowing a single county focus for discussion. Several weeks later, an article in the Naples Daily News ("Catholic charity's ride program comes to an end". 4/23/97) prompted correspondence with the Area Agency on Aging for Southwest Florida about the Collier County Help-On-Wheels Program. Since the Health Planning Council had recently completed a district needs assessment for the Area Agency on Aging in which the issue of expanded transportation options was cited as the number one need in Collier County, the demise of this program seemed especially regrettable. The Area Agency responded with additional information about the Transportation Disadvantaged Program and the extent to which individual counties exert control over the awarding of these dollars. 1 On June 18, the Executive Director attended a planning retreat of the District Work Force Development Board. This group is providing strategic direction lo a cross section of thc region's representatives regarding thc implementation of Wcl fare Reform. They arc attempting to maximize declining resources and expand opportunities for previous Medicaid recipients. Ongoing district leadership was provided by the council representatives attending or hosting meetings and providing technical assistance to thc following health-related boards, commissions, agencies: Fetal Infant Mertai~ Review Panel CIi~zen AcGon Graup [A~IriL Mayl HealTh and Human Services Ieard UiorlL May, Junel Mental Health Sabcemm~ee IMay, June] Healthy Start Coalltlou of Senlhwest Florida B~rlL 'May, June] *Annual Meeting and Board Meeting Healthy I(]ds, Collier anti Lee :emttles [April May, lunel Heartland Rural Hea~ll Network Ioard lcerTe~endence Junior League ef Leo Ceggty Ugael March e! Dimes Prag~m Servfces Cemm~ee IMayl Region 8 HIV/AIDS Plannfng Partnership [Mayl SouThwest Florida Business and Health Cara Ceal~en lA,IfIL May, June] authorization: Act. ion Step #1, 1996-97 Work Plan FETAL INFANT MORTALITY REVIEW (CITIZENS' ACTION GROUP) The Executive Director attended the two meetings of this group scheduled during the fourth quarter, to review current findings and trends related to Iow birthwei~t bab,cs and infant death rates in Lee County and to explore possible solutions to these concerns. authorization: Action Step #1, 1996-97 Work Plan ttEALTtl AND tlUMAN SERVICES BOARD (MENTAL tlEALTH SUBCOMMITTEE) Staff from the Health Planning Council of Southwest Florida regularly attend monthly meetings to provide technical ass/stance to thc Mental Health Subcommittee of thc District tfealth and Human Services Board (HHSB). This subcommittee considers challenges faced by state-funded providers of mental health care in relation to thc demand for services and the availability of funding in a 7-county area. By the close of thc quarter and at the request of the ADM Program Supervisor, the Executive Director developed wff2'ten suggestions for improvement to the initial draft of the 1997-9 District Mental Health Plan. During the annual meeting of the Health and Human Services Board (in June), the current Vice Chairman of the Hcahh Planning Council ,,vas elected Chairman of the HHSB. authorization: Action Step #1,1996-97 Work Plan tlEAI.TtlY START COALITION' OF SOUTHWEST FLORIDA, INC. The Executive Director represents the Health Planning Council on the Board of Directors for this agency which seeks to reduce incidents of Iow and very low birthweight babies as well as infant mortality rates in four counties of Southwest Florida. Ail Board meetings (including the Annual Meeting) scheduled during the quarter were attended bv the Executive Director. authorizat/on: Action Step 81,1906-97 Work Plan · 16G ]i. o IIEALTHY KIDS PROGRAM (COLLIER AND LEE COUNTIES) During the fourth quarter of FY 1996-97, the Council's Data Manager/Planner attended the only scheduled meeting &the Collier County Healthy Kids Steering Committee, under the Chairmanship of State Representative Burl Saunders. This involved one meeting, at whi~:h time future funding and programmatic initiatives were reviewed. Initial enrollment numbers and projected enrollment targets were also discussed. In Lee County, the Council agreed to assume responsibility for the implementation of the Healthy Kids Program, a process which is supported in large measure by a planning grant from the Healthy K/ds Corporation. The Executive Director developed and submitted a proposal to assure a successful outcome and held numerous discussions with school system representatives, the County Health Department Director, county government officials and potential funders of the local county required "match" in an effort to build interest in the program. Some of the work is necessarily delayed until the newly hired Lee County Superintendent of Schools reports to work in August. authorization: Action Step #1, 1996-97 Work Plan REGION 8 HIV/AIDS PLANNING PARTNERSHIP The Health Planning Council designed a logo and brochure for the Region 8 HIV/AIDS Planning Partnership. No additional work was asked of the Council during this quarter by this committee. In addition, for the second year in a row, a purchase ;;rder has been executed between the Department and the Council for AIDS/HIV Planning and Prevention research support, thereby continuing the planning successfully initiated during 1996. authorization: Action Step #1, 1996-97 Work Plan HEARTLAND RURAL HEALTH NETWORK During this quarter, the Executive Director of the Heartland Rural Health Network sent a letter to the Council recommending the collaborative effort previously initiated by the Health Planning Council of West Central Florida and the Health Planning Council of' Southwest Florida be postponed until FY 1997-98. The Executive Director of the latter council responded on June 6, 1997 to this request alter discussing the matter with the other Executive Director. It was recommended that this project be placed on hold until new contracts with the Department of Health are received and analyzed to determine the feasibility of this request. The initial proposal consisted of the development of a 5-county Resource Inventory and a Management Assistance Plan for the Network. authorization: Action Step #3b, 1996-97 Work Plan JUNIOR LEAGUE OF LEE COUNTY Towards the end of the quarter, the Executive Director discussed a variety of matters with the Chairman of the Junior League's proposed Women's Resource Center in Lee County, including future collaboration on this project as well as the Healthy Kids Program in Lee County. Current Women's Resource Center general meetings are suspended until the Work Plan and Corporate Financial Plan are completed by a League subgroup. authorLzafion: Action Step #1, i996-97 Work Plan l 6G'"l ' 8. MARCIt OF DIMES PROGRAM SERVICES COMMI'I"rEE The Executive Director serves on this committee which met once on May 27.. The Council offered to host the second meeting of the Needs Assessment Committee to review the initial draft of this document and recommend enhancements or modifications. authorization: Action Step #1, i 996-97 Work Plan 9. SOUTHWEST FLORIDA BUSINESS AND HEALTH CARE COALITION Throughout the quarter, the Health Planning Council of Southwest Florida continued to provide administrative and leadership support to the Southwest Florida Business and Health Care Coalition. This included participating in an ex-officio capacity on the Board of Directors, conducting Coalition correspondence, coordinating and attending monthly meetings, securing speakem, developing and distributing new membership listings and invoicing members. By the end ofth¢ quarter a new one-year contract had been developed to become effective on July 1, 1997. authorization: Action Step #1, 1996-97 Work Plan 10. 1997 tIEALTH DATA SOURCEBOOK During this quarter additional copies of the 1997 SourceBook were providing in response to continuing requests from the media, consultants, facility representatives and the general public. authorization: Action Step #2, 1996-97 Work Plan l 1. PRESCRIPTION DRUG KIOSK PROJECT The Health Planning Council of Southwest Florida, Inc. completed activities related to the use of interactive drug medication information HealthTouch kiosks which were placed in two locations within District 8. A final district report was submitted to Tallahassee as were corrections to the Statewide Report being sent to the Florida Legislators. authorization: Action Step #3a, 1996-97 Work Plan 12. CERTIFICATE OF NEED PROJECT REVIEW Two Certificate of Need site visits were conducted during the quarter, both of which were in Collier County (Naples) on May 6. (CON #7955 - Construct a 40~bed Skilled Nursing Home) and (CON # 8189 - Add 20 Community Nursing Home Beds to an existing facility). .411 required reports were filed with the Agency for Health Care Administration within required time frames. authorization: Action Step ~4, 1996-97 Work Plan 13. COLLABORATION WITH SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL During the fourth quarter, the Executive Director, the Data Manager/Planner and the Chairman of the Council's Plan Development Committee held a meeting with the Executive Director of the Southwest Florida Regional Planning Council to discuss a proposed optional Health Element for the Regional Planning Council's Strategic Regional Policy Plan. Copies of the Health Council's SourceBook and Certificate of Need Allocation Factors Report for 1996-8 were provided to the Regional Planning Council. By the end of the quarter the Health Council was awaiting further direction from the Regional Planning Council 16G 1 14. 15. 16. 17. 18. regarding the format of this project. It is anticipated that members of the Health Council's Plan Development Committee will assume leadership regarding this work product and the establishment of appropriate goals. authorization: Action Step #5, 1996-97 Work Plan LOCAL COMPREHENSIVE PLAN (OPTIONAL HEALTtt ELEMENTS) No county requested assistance with the development of an optional health element for their Comprehensive Plan. authorization: Action Step #6, 1996-97 Work Plan QUARTERLY HEALTH CARE DATA REPORTS FOR AItCA'S CON OFFICE All required quarterly nursing home and hospital data reports were submitted within requested time frames to the CON office. Expanded utilization reports were also provided to a number of interested facilities and consultants on a monthly basis. Much work was undertaken during the quarter to enhance these monthly reports, including the graphic representation of trend data reflecting occupancy levels, admissions, etc. Initial reactions to this new format were very positive. Throughout the quarter much work was expended by staff to secure and input additional 1996 data and to publish separate 1996 Hospital and West Central Florida Nursing Home annual reports which dramatically augment data published each month, authorizaUon: Action Step #7, i99~-97 Work Plan CON PUBLIC HEARINGS One Public Hearing was requested by Saraso~ Memorial Hospital to address the Certificate of Need # 8753 awarded to Doctor's Hospital to provide inpatient open heart surgery services in Subdistrict 6. A copy of the cassette tape, list of attendees and related materials were sent to the CON off~ce within requested time frames. authorization: Action Step #8, 1996-97 Work Plan TECHNICAL ASSISTANCE Numerous requests for technical assistance are received on a daily basis in the Council office. Among the agencies/facilities receiving such support during this quarter were the Department of Children and Families (teen pregnancy prevention initiatives); the American Association of Community Health Centers (information about Healthy Kids in Florida) Community Coordinating Council of Lee County (data assistance); numerous health care providers and consultants (data, CON information); reporters in Collier, Lee and Sarasota Counties (data, CON information), Lee Count), Health Dept. (cancer control circle). authoHzaHon: Action Step #9, 1996-97 Work Plan TOBACCO FREE COALITION A staff member fi.om the Council attended two meetings of the Tobacco Free Coalition in Lee County (May 15 and June 19). These meetings focused primarily on national and local initiatives designed to curb or eliminate smoking, including the following: Teens Against Tobacco Use (TATU), The Great American Smoke Out (November), the development of a brochure to advertise and support the work of the Coalition, and efforts to create Tobacco Free Schools in Lee County. authorization: Action Step #10, i996-97 Work Plan 19. REVENUE ENHANCEMENT (See #4, #5, #9, #11 and #13 described previously). For the .~cond year in a row. the Council is administering the AIDS Insurance Continuation Program (AICP) in the .~even counties of Southwest Florida. The Health Council of South Florida coordinat~ the program in Florida. Towards the end of the quarter, the Council's Executive ~ provided AICP orientation and training to staff from the SunCoast and West Central Florida Health Councils in St. Petersburg. This information and assistance was given in prepar-~ion for those Councils' initial efforts to manage the AICP in Districts 5 and 6. During the quarter, an application was prepared and submitted by the Council to the Claiborne and Ned Foulds Foundation for funds to be used for equipment which would enhance marketing presentations of the proposed Lee County Healthy Kids Program to the community. authorization: AcfJon Step #11, '1996-97 Work Plan A vifi of Coun F Charlotte County Indigent Health Care Task Force [June] See #5 which includes active participation from Charlotte County Initial inquiries from Cha/lotte County re Healthy Kids Park Ridge Center for the Study of Health, Faith and Ethics [May meetings in Naples] Healthy K/ds Oversight Committee [May] Discussion with primary care provider about health planning in Collier (June) Correspondence from Executive Director of Reg/onal Planning Council o f South Central Florida (June) Glade$/Hendry Counties: Strategic planning with county officials and Superintendent of Schools to implement Healthy Kids Program in Glades County (May) Assistance rendered to Hendry County Healthy Kids Program re local match (June) ~Lee Counb~: Community Coordinating Council of Lee County [meeting attended to review data and final report format (May) Health Advocacy 2,000 0Vlay) Media statement provided and Council correspondence sent to departing president of Lee Memorial Health System (June) Meetings with school, business and government representatives regarding the Lee County Healthy Kids Program (proposed) (April, May, June). Active participation in the Lee County Cancer Control Circle, under the leadership of the Lee County Health Department (April, May, June). Data provided to Fort Myers News Press for article on acute health care. Sarasota County: Technical assistance provided to two hospital planning departments on numerous occasions (re data) 161 1 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR ELEA/~OR BILLUPS, Plaintiff, vs. COLLIER COUNTY, a political subdivision of the State of Florida, CASE NO. 94-3606 CA Defendant. ~ATISFACTION OF FINAL KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter, "Collier County"), Defendant in the above- styled cause and o~er and hol4er of that certain Final Judgment, attached hereto and ~ade a part hereof, dated April 10, 1997, in the above-named Court against , Er~NOR BILLUPS, Plaintiff therein, said Final Judgment being duly filed with the Clerk of Court for Collier County, Florida, on April 11, 1997, does hereby acknowledge full payment and satisfaction thereof in the amount of Three Thousand Four Hundred ($3,400.00) dollars and hereby consents that the same shall be satisfied of record. IN WITNESS WHEREOF, Defendant, COLLIER COUNTY, through its authorized representative, has hereunto set its hand to this Satisfaction of Final Judgment this ~-/" /~..~ day of , 1997